Santa Monica City Council
September 24, 2024

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Packet Pg. 464 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 117
TABLE 9.13.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS—EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Minimum Amount
Provided as
Private Outdoor
Living Area (sq.
ft./unit)
60 60 60 Section 9.21.090, Outdoor Living
Area
Additional Standards
Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food
Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Exceptions to Height
Limits Section 9.21.060, Height Exceptions
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory
Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.13.030(D), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit
Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit
Dwelling Projects
Located on
Community
Assembly Surface
Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking
and Loading Chapter 9.28, Parking, Loading, and Circulation Parking Structures
and Areas Chapter 9.28, Parking, Loading, and Circulation Projections into
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 * In those portions of the OC Districts adjacent to Ocean Park Boulevard, development of additional floor area for projects other than housing projects that requires discretionary approval shall only be permitted after completion of a specific plan.

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Table 9.13.030.B, 9.11.030.B, Development Standard for Housing Projects prescribes the development standards for housing projects, as defined by Section 9.52.020.1125, in Employment Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

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

DISTRICTS
Standard IC OC HMU Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size
(sq. ft.) 15,000 15,000 7,500
Minimum Parcel
Width (ft.) 100 100 50
Minimum Parcel
Depth (ft.) 150 150 100
Maximum FAR Section 9.04.080, Determining
FAR
Housing Projects 3.0 2.75 2.5
100% Affordable
Housing Projects 3.5 3.25 3.0
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050, Measuring Height
Housing Projects 65’ 60’ 70’
100% Affordable
Housing Projects 75’ 70’ 80’
Minimum Setbacks (ft.)
Interior Side and
Rear – Adjacent
to a Residential
District
15′
See (B)
15′
See (B)
15′
See (B)
Parking Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards Pedestrian Oriented
Design for Housing
Projects
See (C) See (C) See (C)
Minimum Ground
Floor Height (ft.) 11′ 11′ NA
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing
Façades 5′ average 5′ average NA

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

DISTRICTS
Standard IC OC HMU Additional Regulations
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
Minimum Amount
Provided as
Private Outdoor
Living Area (sq.
ft./unit)
60 60 60 Section 9.21.090, Outdoor Living
Area
Additional Standards
Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food
Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Exceptions to Height
Limits Section 9.21.060, Height Exceptions
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory
Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.13.030(D), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit
Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit
Dwelling Projects
Located on
Community
Assembly Surface
Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking
and Loading Chapter 9.28, Parking, Loading, and Circulation Parking Structures
and Areas Chapter 9.28, Parking, Loading, and Circulation Projections into
Height Limits
Section 9.21.060, Height Projections

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

DISTRICTS
Standard IC OC HMU Additional Regulations
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 A. Maximum Heights. The following projects may have a maximum height of 4 stories, 45 feet:

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

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

3. Theaters.

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

C. Pedestrian-Oriented Design for Housing Projects.

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

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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

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other seating surfaces on private property and design amenities scaled to the pedestrian such as awnings, drinking fountains, paseos, arcades, colonnades, plazas, noncommercial community bulletin boards, public or private art, and alternative paving materials in areas of pedestrian access.

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

5. Alternatives to the requirements of this Section 9.13.030(C) may be approved if the Review Authority finds that the proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, and street-facing building walls will exhibit architectural relief and detail and be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

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.

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

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

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CHAPTER 9.14 OCEANFRONT DISTRICT

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

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

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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Residential Uses
Residential 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
Duplex P
Multiple-Unit Dwelling P Section 9.31.195, Multiple-Unit Dwelling Projects
Duplex P Section 9.31.195, Multiple-Unit Dwelling
Projects
Senior Citizen Multiple-Unit Dwelling
Residential P Section 9.31.195, Multiple-Unit Dwelling Projects Single-Unit Dwelling P
Housing Types for Specific Uses
Single-Room Occupancy Housing P Section 9.31.330, Single Room Occupancy Structures
Group Residential MUP
Congregate Housing P Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential P Section 9.31.310, Senior Group Residential Elderly and Long-Term Care P
Emergency Shelters CUP Section 9.31.130, Emergency Shelters Employee Housing P
Family Day Care See sub-classifications below.

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

Residential Care, General P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy Housing P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P
Transitional Housing P Section 9.31.110, Congregate and Transitional Housing
Public and Semi-Public Uses
Adult Day Care CUP

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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Child Care and Early Education Facilities CUP Section 9.31.120, Child Care and Early Education Facilities
Cultural Facilities CUP
Park and Recreations Facilities, Public P
Schools P
Commercial Uses
Automobile/Vehicle Sales and Service See sub-classifications below.

Automobile Rental MUP Section 9.31.050, Automobile Rental Commercial, Entertainment, and Recreation See sub-classifications below.

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

Bars/Nightclubs/Lounges L(3)/CUP Section 9.31.040, Alcoholic Beverage Sales Restaurants, Full-Service including
Outdoor Dining and Seating P
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Restaurants, Limited Service and TakeOut Only including Outdoor Dining and Seating
P
Section 9.21.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, LimitedService and Take Out Only Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Food Hall (up to 175 seats) CUP
Food and Beverage Sales See sub-classifications below.

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

Bed and Breakfast CUP Within Designated Landmarks only.

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

Business and Professional L(5)/CUP
Creative L(5)/CUP
Walk-In Clientele L(5)/CUP

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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Parking, Public or Private CUP
General Personal Services MUP
Retail Sales See sub-classifications below.

General Retail Sales, Small-Scale P Section 9.31.220, Outdoor Retail Display and Sales
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
Specific Limitations:
(1) Limited to theaters for live performances.
(2) Existing large-scale commercial, entertainment, and recreation facilities existing as of the date of this Ordinance are permitted. Any new large-scale commercial, entertainment, and recreation facilities require approval of a Conditional Use Permit.
(3) Bars, nightclubs, and lounges are only permitted on the Pier, on Oceanfront Walk, and within hotels. (4) Limited to establishments with no more than 2,500 sq. ft. of floor area. (5) Office uses on the ground floor street frontage may not exceed 25% of the parcel width or 1,000 sq. ft, whichever is less.

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

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

TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq. ft.) 5,000
Minimum Parcel Width (ft.) 50′
Minimum Parcel Depth (ft.) 100′
Maximum Allowable Density;
Parcels along the Pacific Coast
Highway between the Santa
Monica Pier and the north City
limits
Parcels 4,000 sq. ft. or more: 1 unit per 1,500 sq. ft. of parcel area
Parcels less than 4,000 sq. ft.: 1 unit per parcel
No more than 1 dwelling unit
shall be permitted on a parcel 40
ft. or less in width
Maximum FAR Section 9.04.080, Determining
FAR
Tier 1—Base Standard

1.5; 0.5 for parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the north
City limits
Tier 2—With Provision of
Community Benefits 2.0 Chapter 9.23, Community Benefits 100% Affordable Housing
Projects 2.25 Chapter 9.64, Affordable Housing Production Program

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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Santa Monica Pier Maximum FAR
The Deauville site to the
north, Seaside Terrace to the
south, The Ocean Front
Walk to the west, and Ocean
Avenue to the east, except
parcels fronting on Ocean
Avenue

1.0 Parcels fronting on Ocean
Avenue 0.5
Maximum Parcel Coverage (%) 70; 50 on parcels along the Pacific Coast Highway between the Santa Monica Pier and the north City limits Building Form and Location
Maximum Building Height
(stories/ft.)
One story for newly constructed stand-alone restaurants except for the Santa Monica Pier
Section 9.04.050 Measuring
Height
Tier 1—Base Standard
2/32′;
2/23′ (flat roof) or 2/30′ (pitched roof) for parcels
located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits
Tier 1—Projects Including
On-Site Affordable Housing
in Compliance with AHPP
3/36′ Chapter 9.64, Affordable
Housing Production Program
100% Affordable Housing
Projects No limit to number of stories/47′ Chapter 9.64, Affordable Housing Production Program Tier 2—With Provision of
Community Benefits 3/47′ Chapter 9.23, Community Benefits Tier 2—With Provision of
Community Benefits and
100% Residential Above the
Ground Floor
No limit to stories/47′ Chapter 9.23, Community
Benefits
Santa Monica Pier Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
The Deauville site to the
north, Seaside Terrace to the
south, The Promenade to the
west, and Ocean Avenue to
the east, including parcels
fronting on Ocean Avenue
2/30′
Amusement Rides on the
Santa Monica Pier
85 ft. for one Ferris wheel; 55 ft. for one roller coaster; 45 ft. for all other amusement rides
Street-Facing Façades (ft.)
Minimum Ground Floor
Height for Nonresidential
Uses
11′
Pedestrian Oriented Design See (A)
Exterior Lighting See (C)
Minimum Setbacks (ft., measured from parcel line)
Street Frontage
5 ft. from street fronting parcel line except for 20 ft. on Pacific Coast Highway between northern City limits and
Santa Monica Pier. See (B)

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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Rear
15 ft. if adjacent to a residential use; 25 ft. for beach rear setback on parcels over 100 ft. in depth located
along the Pacific Coast Highway between the Santa
Monica Pier and the north City limits
Side
If adjacent to a residential use, see (D); for parcels
located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits, see (D)
Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height Street-Facing Façades
At least 30% of the building elevation above the
maximum ground floor height shall provide an
additional 5-foot average setback from the minimum
required front yard setback
Daylight Plane Adjacent to
Residential Use—Interior Side
and Rear Setbacks
See (E) Section 9.21.060 9.21.070,
Height Projections Exceptions
View Corridors See (F)
Standards for Residential Uses
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with 3 or
More Units (including private
and common)
100 Section 9.21.090, Outdoor Living
Area
Minimum Amount Provided
as Private Outdoor Living
Area (sq. ft./unit)
60 Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Exceptions to Height Limits Section 9.21.060, Height Exceptions Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.14.030(H), Landscaping; Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community
Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into 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

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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Pedestrian-Oriented Design. New development shall incorporate the following design elements into the street-facing façades at the ground floor level:

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

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

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

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

B. Build-To Line, Nonresidential Uses. Except on Pacific Coast Highway between northern City limits and Santa Monica Pier, buildings with nonresidential uses on the

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ground floor shall be constructed no farther than 10 feet from the street facing parcel line(s) for 70% of linear street frontage. This requirement may be waived or modified subject to a discretionary approval upon finding that:

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

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

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

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

E. Daylight Plane Adjacent to Residential Uses. Buildings shall not extend above a plane starting at 30 feet in height directly above the parcel line abutting any residentiallyPage 136 of 313

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zoned parcel in residential use, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45-degree angle from vertical toward the interior of the site. The 30-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

FIGURE 9.14.030.FE: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL USES—OCEANFRONT DISTRICTS F. View Corridors. For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, any structure with 70 feet or more of frontage parallel to the Pacific Coast Highway shall provide an unobstructed view corridor between Pacific Coast Highway and the ocean. The view corridor shall be a minimum of 20 continuous feet in width measured from the parcel line abutting and parallel to Pacific Coast Highway and shall remain unobstructed by any structure or portion thereof.

G. Landscaping. The following landscaping requirements apply.

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

2. Interior Setback Areas. At least 50% of each required interior side setback area and rear setback area shall be planting area having a minimum width of 7.5 feet

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

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CHAPTER 9.15 PUBLIC AND SEMI-PUBLIC DISTRICTS

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

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

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. 482 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 135
TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Residential Uses
Residential Dwelling Housing Types
See sub-classifications below.

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

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

Residential Care, General L(1) - - Section 9.31.270, Residential Care Facilities Residential Care, Limited PL(1) - - Section 9.31.270, Residential Care Facilities Residential Care, Senior L(1) - - Section 9.31.270, Residential Care Facilities
Hospice, General - - -
Hospice, Limited - - -
Single Room Occupancy Housing L(1) - - Section 9.31.330, Single Room Occupancy Housing
Supportive Housing L(1) - -
Transitional Housing L(1) - - Section 9.31.110, Congregate and Transitional Housing
Public and Semi-Public Uses
Adult Day Care P P P
Cemetery - P -
Child Care and Early Education
Facilities P P P Section 9.31.120, Child Care and Early Education Facilities Colleges and Trade Schools, Public or
Private L(3) P -
Community Assembly P P L(3) Section 9.31.100, Community Assembly Community Gardens - P P

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Packet Pg. 483 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 136
TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Cultural Facilities P P P
Park and Recreations Facilities, Public P P P
Public Safety Facilities P P -
Schools, Public or Private L(3) P -
Social Service Centers P P - Section 9.31.350, Social Service Centers Commercial Uses
Banks and Financial Institutions L(1) - -
Business Services L(1) - -
Commercial, Entertainment, and
Recreation See sub-classifications below.

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

Restaurants, Full-Service L(1) L(2) L(2)
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.200, Outdoor Dining and
Seating on Sidewalks
Section 9.31.290, Restaurants with
Entertainment
Restaurants, Limited Service L(1) L(2) L(2)
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 on Sidewalks
Section 9.31.290, Restaurants with
Entertainment
Restaurants, Take-Out Only L(1) L(2) -
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
With Outdoor Eating Areas L(1) L(2) L(2) Section 9.31.200, Outdoor Dining and Seating
Food Hall, (up to 175 seats) CUP CUP CUP
Food and Beverage Sales See sub-classifications below.

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

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

Business and Professional L(4)/CUP L (3) -
Creative L(4)/CUP - -
Walk-In Clientele L(4)/CUP - -
Parking, Public or Private L(3) P L(5)

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Packet Pg. 484 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 137
TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
General Personal Services L(1) - -
Retail Sales See sub-classifications below.

General Retail Sales, Small-Scale L(1) - - Section 9.31.220, Outdoor Retail Display and Sales
Swap Meet MUP MUP MUP Section 9.31.360, Swap Meets
Transportation, Communication, and Utilities Uses
Citywide Bikeshare Facility P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission
Towers CUP CUP - Chapter 9.32, Personal Wireless Service Facilities Equipment Within Buildings - P -
Utilities, Major - P -
Utilities, Minor - P -
Specific Limitations:
(1) Permitted as part of a mixed-use development.
(2) Permitted only as an accessory to a primary use. Must be located within the same building as a primary use. (3) Limited to public, quasi-public, or nonprofit establishments. (4) Public, quasi-public, and nonprofit offices are permitted. Conditional Use Permit required for private offices. (5) Limited to public parking for beach or park users.

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Packet Pg. 485 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 138
Chapter 9.18 Activity Center and Neighborhood Conservation Overlay Districts and Memorial Park Neighborhood Area Plan District Activity Center Overlay District
* To be established by City Council through preparation of Area Plans for the Activity Center areas and Development Agreements for each defined project.

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

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.

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Packet Pg. 486 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 139
Chapter 9.19 MODERATE INCOME OVERLAY

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

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

B. Moderate Income Housing Overlay (MHO) Dwelling Unit means a dwelling unit, as defined by Section 9.52.020.0730, except that for purposes of this Chapter a dwelling

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Packet Pg. 487 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 140
unit shall be a minimum of 250 square feet in size, if the dwelling unit is located within a MHO Project for which occupancy is restricted to a MHO Eligible Household.

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

D. Moderate Income Housing Overlay (HMO) Project means a multiple-unit dwelling project consisting of MHO Dwelling Units subject to the standards and restrictions set forth in this chapter. A MHO Project may contain up to: (1) 33% of the project’s total floor area as market rate dwelling units and/or non-residential uses that are otherwise permitted in the base zoning district; and (2) no more than 25% of the total number of units as market rate units.

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

B. A MHO Project shall be permitted by-right if it meets all standards set forth in this chapter in place of the requirements otherwise applicable in the underlying zoning district.

Any development not meeting all of the standards set forth in this chapter shall be subject to the requirements otherwise applicable in the underlying zoning district.

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

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Packet Pg. 488 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 141

1. Deed restricted affordable housing;

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

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

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

9.19.035 Procedures
A MHO project shall be processed pursuant to Chapter 9.39, Administrative Approval.

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

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

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

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

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

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Packet Pg. 489 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 142
C. Eligibility for Concessions/Incentives. Projects shall be eligible to request up to four incentives and concessions pursuant to procedures set forth in Sections 9.22.060 and 9.22.080.

D. Eligibility for Waiver or Reduction of Development Standards. Projects shall be eligible to request a waiver or reduction of development standards pursuant to procedures set forth in Section 9.22.070 and 9.22.080.

E. Open Space.

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

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

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

G. Transportation Demand Management. In addition to those required by Chapter

9.53, Transportation Demand Management, a MHO Project shall include the following Transportation Demand Management measures:

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

2. Free on-site shared bicycles intended for resident and guest use. This shall be optional if Citywide bikeshare is available within a 2-block radius of the project site.

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

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Packet Pg. 490 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 143
a part of the early project design process. Such memorandum shall be submitted at the time of project application and shall be subject to review and approval by the Director prior to project approval.

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Packet Pg. 491 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 1 DIVISION 3 GENERAL REGULATIONS
Chapter 9.21, General Site Regulations
Chapter 9.30, Private Developer Cultural Arts Requirement Chapter 9.31, Standards for Specific Uses and Activities Chapter 9.34, Residential Unit Replacement Requirements

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Packet Pg. 492 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 2 CHAPTER 9.21 GENERAL SITE REGULATIONS
Section 9.21.020 Accessory Buildings and Structures
Accessory structures shall conform to the same property development standards as principal buildings except as required by this Section. Accessory buildings in Residential Districts shall include, but not be limited to, greenhouse and garden structures, storage sheds, workshops, garages, and other buildings that are detached from the principal building. Accessory structures in Residential Districts shall include, but not be limited to, unenclosed carports, gazebos, cabanas, or other similar structures; air conditioners, compressors, electric vehicle charging equipment, pool and spa filters, or other mechanical equipment; barbecues; sinks and counters; fountains; freestanding fireplaces; firepits; above ground swimming pools and spas; and other structures with a fixed location that are detached from the principal building. Accessory structures greater than 14 feet in height are not permitted. Accessory structures shall be erected, structurally altered, converted, enlarged, moved, and maintained, in compliance with the following regulations:

A. Relation to Principal Buildings. An accessory building may only be constructed on a parcel with a legally-permitted principal building. Except as may be provided under Santa Monica Municipal Code 6.20, Home-Sharing and Vacation Rentals, or for accessory dwelling units established in compliance with Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, of this Code, an accessory building shall be considered part of the principal building if the accessory building is located less than 6 feet from the principal building or if connected to it by fully enclosed space.

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Packet Pg. 493 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 3 B. Dwelling Units in Accessory Buildings. An accessory building on a parcel occupied or proposed to be occupied by a single-unit or multiple-unit detached dwelling may only be used as a separate dwelling unit in compliance with the requirements of Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.

C. Accessory Buildings and Structures up to 14 Feet in Residential Districts.

Accessory buildings and structures not more than 14 feet or one story in height shall conform to the following standards:

1. Location.
a. Accessory buildings shall be located on the rear half of the parcel and shall not extend into the minimum side yard setback except as authorized pursuant to subsections (b) and (c) below.
b. Accessory buildings no more than 14 feet in height may be located in the rear setback but shall be located at least 5 feet from the rear parcel line. A garage or garage portion of such an accessory building may extend up to one interior side parcel line within the rear 35 feet of a parcel. c. A garage or garage portion of an accessory building may extend to the rear parcel line abutting an alley, provided that vehicle access is not taken from the alley. Where vehicle access is taken from an alley, garages shall be set back at least 5 feet from the rear parcel line abutting said alley. d. Accessory buildings may be located in the rear setback and shall be located at least 15 feet from the centerline of a rear alley. e. Accessory structures shall not be located within any front or minimum side setback except as expressly authorized below:

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Packet Pg. 494 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 4 i. Fountains, fire pits, and similar ornamental landscape features not to exceed 42 inches in height.
ii. Underground mechanical equipment.
iii. Electric vehicle charging equipment shall be permitted within any minimum side setback but shall not be permitted within any minimum front setback.

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

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

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Packet Pg. 495 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 5 parcel line and the midpoint of the rear parcel line may be set back a distance equal to the average garage setback of adjacent garage(s), but not less than 5 feet, when the interior garage width does not exceed 20 feet and the height does not exceed 11 feet for a flat roof and 14 feet for a pitched roof.

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

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

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

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

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

3. Setbacks. The accessory building shall conform to all setback requirements of the Residential District and the following requirements:

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Packet Pg. 496 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 6 a. A one-story garage or the garage portion of an accessory building may extend into the rear setback and may extend to one interior side property line on the rear 35 feet of a parcel.
b. The accessory building shall have the same minimum side setback requirement as the principal building on the parcel, but in no case less than 5 feet. c. The second story portion of an accessory building that is directly above the garage may extend into the required rear setback but shall be no closer than 5 feet from the rear property line, and may not extend into any minimum side setback.

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

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

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

H. Full Bath. The accessory building may contain a sink, toilet, and a shower and/or tub.

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Packet Pg. 497 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 7 I. Renting. Except as may be permitted under Santa Monica Municipal Code 6.20, Home-Sharing and Vacation Rentals, no accessory building shall be rented for any purpose or otherwise used as an accessory dwelling unit unless specifically pursuant to Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.

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

A. Required Area and Location. Outdoor living area shall be provided according to the required minimum area stated for the respective District in Division 2, Base and Overlay Districts. The required minimum private outdoor living space area per dwelling unit shall be located and designed to serve each unit. The remainder of required open space per unit shall be provided as either private open space accessible to the unit or common open space accessible to all or multiple units on the site.

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

C. Standards and Requirements.

1. Private Outdoor Living Area.
a. Private outdoor living area (e.g., yards, decks, patios, balconies) shall be no less than 4 feet deep.

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Packet Pg. 498 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 8 b. For non-residentially zoned parcels, ground floor private outdoor living areas adjacent to a street shall not be permitted to be enclosed with a fence, wall, or hedge greater than 5 feet in height. Any portion of fences, walls, and hedges above 42 inches in height shall be at least 50% visually transparent.

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

D. Accessibility.

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

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Packet Pg. 499 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 9 2. Common Outdoor Living Area. Common outdoor living area shall be accessible to all the residents of the dwelling units on the parcel.

E. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation for the use of residents. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing.

F. 100% Affordable Housing Projects. 100% Affordable Housing Projects in any district may substitute common outdoor living area in lieu of minimum required private outdoor living area in an equivalent amount.

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Packet Pg. 500 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 10 CHAPTER 9.30 PRIVATE DEVELOPER CULTURAL ARTS REQUIREMENT Section 9.30.140. Cultural Arts Development Contribution.

In lieu of installation of on-site public art, the developer may make a cultural arts development contribution in accordance with the following:

A. Amount of Contribution. One percent of the average square foot cost of construction of the development project as set forth by resolution of the City Council times the project square footage.

B. Timing of Contribution. The project applicant shall pay the in-lieu contribution according to the schedule of fees in place on the date the fees are paid, except that the project applicant for a project that has vested rights under State or local law shall pay the applicable fees in accordance with those vested rights. The in-lieu contribution shall be paid in full upon issuance of certificate of occupancy or final inspection, whichever occurs last. The amount of the in-lieu contribution shall be imposed at the time of approval of the building permits. No building permit for any development project shall be issued unless the contribution has been paid or a contract to pay the contribution has been executed, and no final inspection shall be approved unless the contribution has been paid.

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Packet Pg. 501 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 11 CHAPTER 9.31 STANDARDS FOR SPECIFIC USES AND ACTIVITIES Section 9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units
Notwithstanding the accessory structure standards of Section 9.21.020, accessory dwelling units and junior accessory dwelling units shall be developed, located, and operated in accordance with the following standards.

A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units and junior accessory dwelling units in compliance with California Government Code Sections 66310 et seq. 65852.2 and 65852.22 and, in doing so, to increase the supply of affordable housing in the City. This section shall not be considered in the application of any City ordinance, policy, or program to limit residential growth.

B. Accessory Dwelling Unit. Accessory dwelling unit (ADU) means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a parcel with a proposed or existing primary single-unit or multi-unit dwelling. An ADU shall contain a kitchen and full bathroom separate from the primary dwelling(s) and accessible only to the inhabitants of the ADU.

An ADU shall not have interior access to an existing or proposed single-unit dwelling or unit within a multiple-unit dwelling and shall have exterior access that is independent of that for any single-unit dwelling or unit within a multiple-unit dwelling. An ADU may also be: (1) an efficiency unit, as defined in Section 17958.1(b) of the Health and Safety Code; or (2) a manufactured home, as defined in Section 18007 of the Health and Safety Code.

An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary single-unit or multiple-unit dwelling is or will be situated. Permanent provisions for eating and cooking shall include a room or area

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Packet Pg. 502 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 12 used for the preparation and storage of food that includes at a minimum, but is not limited to, a sink, refrigerator, and built-in stove or range top.

C. Junior Accessory Dwelling Unit. Junior accessory dwelling unit (JADU) means a dwelling unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed single-unit dwelling. A JADU shall include a separate entrance from the main entrance to the proposed or existing single-unit dwelling, but may also provide internal access, and shall include an efficiency kitchen, which shall include: (1) a cooking facility with appliances; and (2) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

For purposes of providing service for water, sewer, or power, or for fire or life protection, a JADU shall not be considered a separate or new dwelling unit.

D. ADU and JADU Uses Permitted By Right. An ADU or JADU that conforms to all standards of this Section shall be permitted by right, shall be deemed to be consistent with the City’s General Plan and zoning designation for the parcel on which the ADU or JADU is located, and shall be deemed to meet the allowable density for the parcel on which the ADU or JADU is located.

E. Procedures. If an ADU or JADU complies with the requirements of this Chapter, development is by right and only a building permit is required. Correction of nonconforming zoning conditions will not be required as a condition of approval, except that the City is not prohibited from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. An application to create an ADU or JADU submitted with a permit application to create a new dwelling

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Packet Pg. 503 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 13 on the parcel shall be acted upon when or before the application for the new dwelling is acted upon. An application to establish or construct an ADU or JADU on a parcel that contains an existing single-unit or multiple-unit dwelling shall be deemed approved if not acted on within 60 days from the date that the application is complete, except that the applicant may request a delay and the 60-day time period shall be tolled for the period of the delay.

F. Establishment of ADUs and JADUs.

1. Except as provided in subsection 2, below, an An ADU or JADU that meets the requirements of this Section may be established on any legal parcel that is zoned to allow for single-unit or multiple-unit dwelling residential use and on which a primary singleunit dwelling or multiple-unit dwelling has been previously established or is proposed to be established in conjunction with construction of the ADU or JADU. Except as set forth in subsection (G) below, no more than one ADU and one JADU is permitted per parcel.

2. Notwithstanding the provisions of subsection 1, above, no ADU or JADU may be established:
a. On a parcel with a multiple unit-dwelling ownership project that has received an approval pursuant to Government Code 66499.41; or b. If it would exceed the maximum unit count permitted under paragraph (E)(2) of Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential.

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

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Packet Pg. 504 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 14 1. Parcel with Single-Unit Dwelling. One attached or detached ADU and one JADU may be constructed or established on any parcel on which a single-unit dwelling has been previously established or is proposed to be constructed. a. Attached ADUs. One attached ADU may be established or constructed in conjunction with an existing or proposed single-unit dwelling as follows:
i. An attached ADU may be newly constructed as an addition to an existing single-unit dwelling;
ii. An attached ADU may be established within the footprint of a proposed single-unit dwelling; or
iii. An attached ADU may be established by converting floor area of an existing single-unit dwelling or attached accessory structure. b. Detached ADU. One detached ADU may be constructed or established in conjunction with an existing or proposed single-unit dwelling as follows:
i. A detached ADU may be newly constructed; or
ii. A detached ADU may be established by converting floor area of a legal existing detached accessory structure.
c. JADU. One JADU may be constructed or established in conjunction with an existing or proposed single-unit dwelling as follows:
i. A JADU may be established within the footprint of a proposed singleunit dwelling; or

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Packet Pg. 505 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 15 ii. A JADU may be established by converting floor area of an existing single-unit dwelling.

2. Parcel with Multiple-Unit Dwellings. One or more ADUs may be permitted on a parcel with an existing or proposed multiple-unit dwelling as set forth in this subsection. ADUs permitted under paragraphs (a) and (b) below may be located on the same parcel.
a. Conversion of Existing Multiple-Unit Dwelling Footprint to ADU(s). At least one ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater, may be established or constructed by converting floor area within an existing multiple-unit dwelling or existing detached legal accessory structures.
b. Detached ADUs. No more than 2 detached ADUs may be
established or constructed on a parcel with an existing or proposed multiple-unit dwelling by converting an existing legal accessory structure or through new construction.

3. Parcel Within the Single-Unit Residential (R1) Zoning District. In addition to any ADU permitted pursuant to (G)(1)(a) and (b), above, one additional detached ADU may be constructed or established in conjunction with an existing or proposed single-unit dwelling as described below:
a. The additional detached ADU is used as a rental unit subject to a deed restriction in a form approved by the City Attorney.

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Packet Pg. 506 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 16 b. The additional detached ADU may be newly constructed or may be established by converting floor area of a legal existing detached accessory structure.
c. Any ADU permitted under this subsection shall be subject to all provisions set forth in this Section.

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

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

9.04.110(B), the front setback borders the street primarily used as frontage by the majority of neighboring parcels.

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Packet Pg. 507 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 17 2. Parcels with Multiple-Unit Dwellings.
a. A detached ADU may be located either in the front or rear half of the parcel, but shall be a minimum of 6 feet from existing multiple-unit dwelling(s), as measured between exterior walls.
b. On a reverse corner parcel, an ADU or JADU shall not be located nearer to the street side parcel line of such corner parcel than one-half of the front setback depth required on the key parcel, nor be located nearer than 4 feet to the side parcel line of any key parcel.
c. On a through parcel, an ADU or JADU shall not project into any front setback except as provided under subsection (L) below. Pursuant to Section

9.04.110(B), the front setback borders the street primarily used as frontage by the majority of neighboring parcels.

I. Standards for ADUs and JADUs Established by Converting Floor Area of Legal Existing Structures. ADUs and JADUs established by converting floor area of legal existing structures shall adhere to the following standards set forth in this subsection and subject to all applicable setback requirements set forth in subsection (L) below.

1. Parcel with Single-Unit Dwelling.
a. Attached ADU. An ADU that is established by converting floor area of an existing single-unit dwelling that is located in the front setback may only expand the footprint of the single-unit dwelling up to 150 square feet into the front setback to accommodate ingress and egress. An ADU that is established by converting floor area of an existing single-unit dwelling that is not located within

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Packet Pg. 508 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 18 the front setback may expand the footprint beyond 150 square feet up to the total size permitted under subsection J below.
b. Detached ADU.
i. An ADU may be established by converting floor area within a legal existing accessory structure or by reconstructing the ADU in the same location and to the same dimensions as the original structure.
ii. Notwithstanding the size limitation in subsection (J), an ADU that is established by converting floor area of a legal existing accessory structure may expand the footprint of the existing accessory structure at least 150 square feet to accommodate ingress and egress. An ADU may expand beyond 150 square feet if the addition or enlargement is made to conform to all standards set forth in this Section and is a minimum of 6 feet from the existing single-unit dwelling, as measured between exterior walls. ADUs that expand beyond 150 square feet in accordance with these provisions are subject to the size limitations in subsection J.
iii. Notwithstanding the size limitation in subsection (J), an ADU that is established by converting floor area of a legal existing accessory structures located in the front setback may only expand the footprint up to 150 square feet into the front setback to accommodate ingress and egress. c. JADU. A JADU that is constructed or established by converting floor area of an existing single-unit dwelling must be contained entirely within the footprint of the single-unit dwelling.

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Packet Pg. 509 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 19 2. Parcel with Multiple-Unit Dwelling
a. Conversion of Existing Multiple-Unit Dwelling Footprint to ADU(s).

At least one ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater, may be established within the residential portions of existing multiple-unit dwellings that are not used as livable space and are enclosed on at least 3 sides, such as storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with State building standards for dwellings. No additions to or enlargements of the footprint of the existing multiple unit dwelling shall be permitted to establish or construct ADUs in accordance with this paragraph.
b. Conversion of Existing Legal Accessory Structures to ADU(s).

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

J. Size. The following unit size limits apply to ADUs and JADUs:

1. The minimum size of an ADU or JADU is 220 square feet of floor area.

2. The maximum size of a detached or attached studio or one-bedroom ADU is 850 square feet of floor area.

3. The maximum size of a detached or attached ADU with more than one bedroom is:
a. 1,000 square feet of floor area for parcels of less than 10,000 square feet; and
b. 1,200 square feet for parcels of 10,000 square feet or greater.

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Packet Pg. 510 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 20 4. Notwithstanding any of the foregoing:
a. For attached ADUs, if there is an existing primary dwelling, the total floor area of the ADU shall not exceed 50% of the existing primary dwelling, or the maximum size limits in subsections (2) and (3), whichever is greater. b. For ADUs established by converting floor area of an existing legal accessory structure, the size limitations set forth in subsection (I)(1)(b) shall apply.

5. The maximum size of a JADU is 500 square feet of floor area.

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

1. Floor Area. ADUs and JADUs established in accordance with this Section shall be excluded from floor area. See Section 9.04.080, Determining Floor Area.

2. Parcel Coverage.
a. Areas covered by or directly below ADUs and JADUs established in accordance with this Section shall be excluded from the footprint area for purposes of determining parcel coverage. See Section 9.04.100, Determining Residential Parcel Coverage.
b. Areas directly below a fully-enclosed second-story cantilever of an ADU or JADU that are open on at least two sides shall not be considered part of the ground floor footprint area for purposes of calculating ground floor parcel coverage.

L. Setbacks. An ADU or JADU shall adhere to the following setback requirements:

1. An ADU or JADU shall not be permitted within the front setback, however, when converting floor area within an existing single-unit dwelling or a legal accessory structure located in the front setback, an ADU or JADU may expand the footprint of said

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Packet Pg. 511 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 21 structure up to 150 square feet to only accommodate ingress and egress as set forth in subsections (I)(1)(a)(i), (I)(1)(b)(iii), and (I)(1)(c) above.

2. Side and rear setbacks of 4 feet, measured from parcel line, are required for an ADU or JADU, except that:
a. An ADU or JADU constructed or established pursuant to subsection (G)(1)(a)(ii), (G)(1)(a)(iii), (G)(1)(b)(ii), or (G)(1)(c) above shall be subject to side and rear setbacks only as required for fire and safety if the ADU or JADU meets the following requirements:
i. The ADU or JADU is within the proposed space of a single-unit dwelling or existing space of a single-unit dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure for purposes of accommodating ingress and egress;
ii. The space has exterior access from the proposed or existing singlefamily dwelling; and iii. The JADU complies with the requirements of Government Code Sections 66333 to 66339 65852.22.
b. No side or rear setback shall be required for an ADU or JADU constructed or established pursuant to subsection (G)(1)(b)(ii) above. c. An ADU or JADU may have a side and/or rear setback equivalent to the primary dwelling(s) if the primary dwelling(s) are permitted to have a side and/or rear setback of less than 4 feet.

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Packet Pg. 512 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 22 M. Height. An attached ADU or JADU shall comply with the height limitations for the primary dwelling unit to which it is attached. A detached ADU shall not exceed 2 stories or 24 feet in height.

N. Design Standards and Exterior Features. The exterior design features of an ADU or JADU shall adhere to the following:

1. ADUs and JADUs are required to have independent exterior access separate from the primary dwelling unit(s).

2. Within the R1 District, an attached ADU or JADU located entirely or partially on the second story of a single-unit dwelling shall comply with all applicable stepback requirements set forth in Section 9.07.030.

3. Upper-story outdoor spaces for attached ADUs and JADUs shall conform to all standards set forth for the primary dwelling unit(s).

4. Upper-story outdoor spaces for detached ADUs, such as first-story roof decks, landings, upper level walkways, and balconies, shall not exceed an aggregate 35 square feet when located in the Single-Unit Residential (R1) District or 60 square feet per ADU in all other districts, and shall adhere to the restrictions set forth below. For purposes of this paragraph, upper-story outdoor space necessary for minimum ingress and egress requirements will not be considered when calculating the total aggregate square feet. a. Upper-story outdoor spaces shall not be located on the side elevation closest to a side parcel line, unless that side parcel line is adjacent to a public rightof-way or alley;

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Packet Pg. 513 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 23 b. Upper-story outdoor spaces shall not be located on the rear elevation unless the ADU is located outside the rear setback area of the primary dwelling unit(s);
c. When located on a permitted elevation, upper-story outdoor spaces shall be set back from the side parcel line the same distance as the minimum side setback requirement for the principal dwelling unit(s) on the parcel and shall be a minimum 5 feet from the rear parcel line;
d. Roof decks above the second story are prohibited.

O. Application of Generally Applicable Municipal Code Provisions. Except as set forth in this Section, an ADU or JADU shall conform to the height, setbacks, parcel coverage, floor area, and other land use regulations and development standards of the district in which it is located and all other applicable provisions of this Municipal Code, including, but not limited to, the provisions of Article VIII, Building Regulations, and the provisions of Chapter 9.56, Landmarks and Historic Districts.

P. Exemption. Notwithstanding anything set forth herein, the development and design standards set forth in this Section shall not preclude the establishment of a detached or attached ADU with a floor area of up to 800 square feet, side and rear setbacks of at least 4 feet, and a height of no more than 16 feet.

Q. Parking.

1. Required Parking. No parking shall be required for an ADU or JADU. If parking is provided, it shall comply with all development standards set forth in Chapter

9.28, Parking, Loading, and Circulation, and the requirements for the district in which the ADU or JADU is located.

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Packet Pg. 514 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 24 2. No Replacement. When parking areas including, but not limited to, garages, carports, uncovered parking spaces, or covered parking structures, are demolished in conjunction with the construction of an ADU or JADU or converted to an ADU or JADU, the eliminated off-street parking spaces are not required to be replaced.

R. Owner-Occupancy Requirement.

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

2. A JADU is subject to an owner-occupancy requirement, except that a JADU that is owned by a governmental agency, land trust, or housing organization is not subject to this requirement. With respect to a JADU that is subject to an owner-occupancy requirement, a natural person with legal or equitable title to the property that includes the JADU must reside on the property as the person’s legal domicile and permanent residence.

S. Lease Terms. An ADU or JADU shall be subject to any restrictions or requirements for lease terms that apply to all residential dwelling units in the City. In addition, except as may be permitted under Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, an ADU or JADU shall not be used for rentals of terms of 30 days or less.

T. Limitations on Separate Sale.

1. Except as provided in subsection (2), below, no ADU or JADU may be sold or otherwise conveyed separately from the parcel and the primary dwelling (in the case of a single-unit dwelling) or from the parcel and all of the dwellings (in the case of a multiple-unit dwelling).

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Packet Pg. 515 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 25 2. Notwithstanding the prohibition in subsection (1), above, an ADU may be sold or conveyed separately from the primary residence to a qualified buyer in accordance with the provisions of Government Code Section 66341 or Section 9.31.026, Accessory Dwelling Unit Condominiums 65852.26.

U. JADU Deed Restriction. Prior to issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction shall be provided by the Director and shall provide that:

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

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

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

4. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. Any building permits required in the removal must be approved by the Director’s determination. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed but is only eliminated by virtue of having a

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Packet Pg. 516 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 26 necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

5. The deed restriction is enforceable by the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

Section 9.31.026 Accessory Dwelling Unit Condominiums
A. Purpose. The purpose of this section is to establish standards, requirements, and procedures to allow separate sale or conveyance of a primary unit and an ADU or ADUs as condominiums pursuant to the regulations set forth in Government Code Section 66342, added by State Assembly Bill 1033 (AB 1033).

B. Separate Sale or Conveyance of ADUs. An ADU or ADUs shall be separately sold or conveyed as condominiums only under the conditions outlined in this Section.

C. ADU Condominium Requirements. All condominium projects subject to this Section shall be subject to the following requirements:

1. All condominium projects subject to this Section shall comply with all applicable provisions of the Santa Monica Municipal Code.

2. The condominiums shall be created pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code).

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Packet Pg. 517 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 27 3. The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of Chapter 9.54, Land Divisions. As provided in Section 9.54.140, projects that will result in four or fewer parcels are not subject to Planning Commission review.

4. All condominium projects subject to this Section shall comply with the requirements of Chapter 9.24, Condominiums.

5. Before recordation of the condominium plan, a safety inspection of the ADU shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development.

6. Lienholder’s consent required. Lienholder’s consent shall be required as follows:
a. Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholder’s consent. The following shall apply to the consent of a lienholder:
i. A lienholder may refuse to give consent.
ii. A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied.
b. Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder’s consent shall be provided to the county recorder along with a signed statement from each lienholder that states as follows:

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Packet Pg. 518 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 28 “(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.” c. The lienholder’s consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
i. The lienholder’s signature.
ii. The name of the record owner or ground lessee.
iii. The legal description of the real property.
iv. The identities of all parties with an interest in the real property as reflected in the real property records.
v. The lienholder’s consent shall be recorded in the office of the county recorder of the county in which the real property is located. d. The City shall include the following notice to consumers on any ADU or JADU unit submittal checklist or public information issued describing requirements and permitting for ADUs, including as standard condition of any ADU building permit or condominium plan approval:
“NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or

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Packet Pg. 519 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 29 modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

In order to secure lender consent, you may be required to follow additional lender requirements, which may include, but are not limited to, one or more of the following:
a. Paying off your current lender.

You may pay off your mortgage and any liens through a refinance or a new loan. Be aware that refinancing or using a new loan may result in changes to your interest rate or tax basis. Also, be aware that any subsequent modification to your subdivision map or condominium plan must also be consented to by your lender, which consent may be denied. b. Securing your lender’s approval of a modification to their loan collateral due to the change of your current property legal description into one or more condominium parcels.
c. Securing your lender’s consent to the details of any construction loan or ground lease.

This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the

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Packet Pg. 520 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 30 record owner or ground lessor that the information in the consent above is true and correct.”

6. If an ADU is established as a condominium, the local government shall require the homeowner to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance.

7. Existing Association Consent Required. Consent from existing associations shall be required as follows:
a. The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association.
b. For purposes of this subdivision, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association’s governing documents, membership approval of the existing association.

Section 9.31.035 Adaptive Reuse Projects
A. Purpose and Intent.

The purpose of this Section is to encourage and facilitate the conversion of existing buildings to new residential uses.

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Packet Pg. 521 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 31 B. Definitions.

The following words or phrases as used in this Section shall have the following meanings:

1. Adaptive Reuse Project. A housing development project that includes a change of use of all or any portion of existing floor area in any legally permitted building to a residential use.

2. Existing Building Envelope. The aggregate of building mass and building bulk that exists at the time the project application is filed.

C. Project Eligibility.

Qualifying projects must meet the following provisions:

1. Existing Building Envelope. The adaptive reuse project shall be located within the existing building envelope, except as provided below in Subsections 2 and 3.

2. Additional Stories. The adaptive reuse project shall in no case be permitted to add more than 1 or 2 stories above the existing building for Multiple-Unit Dwelling use as follows.
a. Reallocation of Existing Floor Area. The adaptive reuse project may relocate existing floor area from one part of the existing building but in no case, exceed an additional two stories above the existing height of the building. b. Bonus New Floor Area. The adaptive reuse project may also include new floor area within the parcel(s) for residential use as set forth below i. Top Addition: The adaptive reuse project must not expand the existing building envelope by more than a maximum of two additional stories constructed on top of the existing building.

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Packet Pg. 522 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 32 ii. Rear/Side Additions: In addition to subsection(C)(2)(b)(1), the adaptive reuse project may also include new construction located in the rear or side subject to the following:
(1) Parcels in the Residential Zoning Districts and
Neighborhood Commercial Zoning District: The side/rear
construction does not exceed more than one story above the highest occupiable floor of the existing building.
(2) Parcels in Other Zones: The new side/rear
construction does not exceed more than 100% of the existing building floor area and must not exceed one story above the highest occupiable floor of the existing building
iii. Enclosure of Existing Covered Spaces at the Ground Level:

Subject to the floor area limitations of Subsection (C)(2)(b)(2)(ii) above, the adaptive reuse project may also add floor area through the enclosure of covered arcades, atria, paseos, walkways, and corridors located at the ground level, which were in existence as of December 31, 2024.

3. Bonus Story for Open Space Amenities. One additional story of open space amenities (including rooftop open space) may be constructed on top of the existing building.

4. Demolition. The adaptive reuse project shall not demolish the existing building as defined in Section 9.25.030.

5. Conversion Types. Except as provided in subsection (d) below, adaptive reuse projects may only convert from:

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Packet Pg. 523 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 33 a. Nonresidential land uses to Multiple-Unit Dwelling use, except that conversion of any existing Hotel and Motel uses shall be prohibited. b. Nonresidential land uses to Live-Work use in Nonresidential Districts only.
c. Any building in a Residential District that has never been utilized as a Multiple-Unit Dwelling use to Multiple-Unit Dwelling use. d. Notwithstanding any of the foregoing, any existing floor area may convert to an Extremely Affordable Adaptive Reuse Project, as defined in Government Code Section 65913.12, or 100% affordable housing projects.

6. Unit Threshold. The adaptive reuse project must result in the creation of a minimum of two dwelling units. The two dwelling units shall be within the existing building envelope, except where the project is located on a parcel(s) in the Residential and Neighborhood Commercial Zoning Districts.

D. Procedures

1. Process. Adaptive reuse projects shall be processed as Administrative Approvals pursuant to Chapter 9.39.

2. Development Impact Fees. Adaptive reuse projects shall be exempt from impact fees established pursuant to Chapter 9.66 Transportation Impact Fee, Chapter

9.65 Childcare Linkage Fee, and Chapter 9.30 Cultural Arts Fee.

3. Chapter 9.64, Affordable Housing Production Program. Adaptive reuse projects under this Section are exempt from the affordable housing requirements of Chapter 9.64 Affordable Housing Production Program.

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Packet Pg. 524 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 34 4. Relationship to Chapter 9.56, Landmarks and Historic District Ordinance. Adaptive reuse projects for City-Designated Historic Resources must comply with Chapter 9.56 Landmarks and Historic Districts Ordinance. For special development standards for preservation of Historic Resources, refer to Section 9.01.050. For preservation incentives, refer to Section 9.56.270. For Modifications and Waivers available to designated historic resources, refer to Section 9.43.100(G).

E. Incentives
Eligible adaptive reuse projects shall be entitled to the following incentives:

1. Legal non-conforming structures on-site may be maintained as set forth in Section 9.27.030.

2. Modification and/or reduction of development standards as set forth below:
a. Residential Districts.
i. Density Limits. The addition of units shall not be counted toward the maximum density limits applicable for the parcel(s). ii. Floor Area Ratios. Where applicable, the addition of floor area shall not be counted toward the maximum floor area ratio limits applicable for the parcel(s.
iii. Stories. The addition of stories shall not be counted toward the maximum story limits applicable for the parcel(s).
iv. Building Height. Additional height up to 24 feet shall not be counted toward the maximum height limits applicable for the parcel(s). v. Parcel Coverage. Parcel coverage limitations shall not apply.

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Packet Pg. 525 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 35 vi. Setbacks. Existing building setbacks may remain, and additions(s) to the existing building to accommodate bonus new floor area may continue nonconforming setbacks provided that the addition(s) do(es) not extend closer than 4 feet to the side and rear parcel line. vii. Stepbacks. Where applicable, stepback requirements shall not apply.
viii. Transitional Requirements Adjacent to R1 District. R1 transitional requirements shall not apply.
ix. Open Space & Landscaping. Minimum outdoor living area, courtyards, and minimum planting area requirements shall not apply. x. Unit Mix. Unit mix requirements shall not apply.
xi. Off-Street Parking. Where there is existing parking, the adaptive reuse project is not required to maintain or replace the existing onsite parking. Minimum off-street parking requirements shall not apply to the new residential units constructed for the adaptive reuse project. xii. Bicycle Parking. Long term and short-term bicycle parking requirements shall not apply.
b. Nonresidential Districts
i. Floor Area Ratios. The addition of floor area shall not be counted toward the maximum FAR limits applicable for the parcel(s). ii. Building Height. Additional height up to 24 feet shall not be counted toward the maximum height limits applicable for the parcel(s).

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Packet Pg. 526 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 36 iii. Setbacks. Existing building setbacks may remain, and additions(s) to the existing building to accommodate bonus new floor area may continue nonconforming setbacks.
iv. Pedestrian Oriented Design. Pedestrian-oriented design requirements shall not apply.
v. Ground Floor Height. Minimum ground floor height
requirements shall not apply.
vi. Stepbacks. Building stepbacks shall not apply.
vii. Daylight Plane. Daylight plane requirements shall not apply. viii. Outdoor Living Area. Minimum outdoor living area
requirements shall not apply.
ix. Unit Mix. Unit mix requirements shall not apply.
x. Off-Street Parking. Where there is existing parking, the adaptive reuse project is only required to maintain or replace at least 50% of the existing on-site parking serving an existing use to be retained.

Minimum off-street parking requirements shall not apply to the new residential units constructed for the adaptive reuse project. xi. Bicycle Parking. Long term and short term bicycle parking requirements shall not apply.
xii. Loading Space. Where there is existing loading, the adaptive reuse project shall be required to maintain current, existing dimensions. No new additional loading spaces shall be required.

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Packet Pg. 527 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 37 Section 9.31.110 Congregate and Transitional Housing.

Congregate Housing and Transitional Housing shall be subject to the following standards.

A. Maximum Density. When developed as a group residential facility in any Residential District where group residential development is allowed, Congregate and Transitional Housing shall not be subject to the maximum density permitted as long as the maximum number of beds does not exceed 3 times the maximum number of dwelling units that would otherwise be permitted
B. Management Plan. All facilities shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

Section Chapter 9.31.125 Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
The purpose of this section is to establish standards, requirements, and procedures for projects developed pursuant to the regulations set forth in State Senate Bill 9 (SB9), and any successor legislation, with the intent to increase access to housing by allowing the development of two residential units on parcels zoned primarily for single-unit dwellings.

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

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Packet Pg. 528 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 38 by 9.52.020.1890, that owns a parcel, subject to pursuant to this section shall meet all of the following:

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

2. Displacement Protections:
a. Projects shall not include alteration or demolition of any of the following types of housing:
i. Deed restricted affordable housing;
ii. Rent-controlled housing or housing subject to any form of price control, including, but not limited to, units subject to the California statewide

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Packet Pg. 529 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 39 rent control law and Article XVIII of the Santa Monica Charter, the City’s rent control law;
iii. Housing occupied by a tenant in the last three years; or iv. Housing on parcels with an Ellis Act eviction in the last 15 years from date of application submittal.

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

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

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

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

C. Review Process.

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

2. Except as provided in Section 9.54.140, lot Lot splits shall be subject to the provisions of Chapter 9.54, Land Divisions, except that no Planning Commission hearing is required for the tentative map process.

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

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Packet Pg. 530 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 40 1. Minimum Parcel Size. Parcels resulting from a permitted lot split shall be no smaller than 1,200 square feet and 40% of the original parcel size.

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

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

4. Easement. Easements, as required, shall be provided for the provision of public services and facilities for each resulting parcel.

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

65. Affidavit for Intention of Owner Occupancy. Property owner shall sign an affidavit stating their intention intend to live in a housing unit on one of the resulting parcels as their principal residence for three years after subdivision completion. If the owner of the property is not a natural person, the affidavit shall be signed by a natural person with a controlling interest in the entity that owns the property, who shall state their intention to live on the property in accordance with this paragraph.

76. Process. Zoning conformance review and approval shall be required prior to submittal of a building permit.

E. Development Standards and Requirements. Development established or constructed under this Section shall comply with all of the following standards and

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Packet Pg. 531 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 41 requirements. Where provisions are not specifically addressed, the standards of the underlying zoning district shall apply.

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

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

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

4. Minimum Side and Rear Setbacks.
a. New Construction: 4 feet, except in the following circumstance:

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Packet Pg. 532 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 42 i. In the case of a lot split, no setback shall be required from the newly created interior parcel line provided that the structures meet fire and safety standards.
b. Existing development or reconstruction in same location and dimensions may retain nonconforming setbacks.

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

6. Affidavit for Intention of Owner Occupancy. Property owner shall sign an affidavit stating their intention intend to live in one of the proposed units as their principal residence for three years. If the owner of the property is not a natural person, the affidavit shall be signed by a natural person with a controlling interest fin the entity that owns the property, who shall state their intention to live on the property in accordance with this paragraph.

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

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

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

G. Rental and Sale Requirement. When two or more units are established under this section, at least one of the units shall be either sold or used as a rental unit subject

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Packet Pg. 533 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 43 to a deed restriction in a form approved by the City Attorney prior to issuance of a building permit.

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

I. Development Impact Fees.

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

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

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

Section 9.31.130 Emergency Shelters.

The purpose of these standards is to ensure that Emergency Shelters do not adversely impact adjacent parcels or the surrounding neighborhood and will be developed in a manner that protects the health, safety, and general welfare of program participants and the nearby residents and businesses while providing for the housing needs of a vulnerable needy segment of the community. Emergency Shelters shall be located, developed, and operated in compliance with the following objective standards.

A. Lighting. In order to ensure that adequate Adequate external lighting is shall be provided for security purposes, lighting. Lighting shall comply with all objective standards set forth in Section 9.21.080, Lighting.

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Packet Pg. 534 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 44 B. Laundry Facilities. The shelter shall provide laundry facilities or services adequate for the number of residents.

C. Common Facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff:

1. Central cooking and dining room(s).

2. Recreation room.

3. Counseling center.

4. Child care facilities.

5. Other support services.

BD. Security. The shelter shall provide security during hours of operation. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.

E. Outdoor Activity. For the purposes of noise abatement in Residential Districts, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 10:00 p.m.

CF. Length of Stay. Emergency Shelter Provider and Services. The agency or organization operating the shelter shall comply with the following requirements:

1. Temporary shelter Shelter shall be available to residents for no more than 6 months with extensions up to 180 days available if the shelter operator determines that no alternative housing is available.

2. Staff and services shall be provided to assist residents to obtain permanent shelter and income. Such services shall be available at no cost to all residents of a provider's shelter or shelters.

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Packet Pg. 535 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 45 3. The provider shall not discriminate in any services provided.

4. The provider shall not require participation by residents in any religious or philosophical ritual, service, meeting or rite as a condition of eligibility.

5. The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

DG. Maximum Unit Density. Emergency Shelters that are located in Residential Districts, when not developed in an individual dwelling unit format, shall not be subject to the underlying Zoning District's maximum unit density standard, but the number of beds shall be limited to 3 times the maximum number of dwelling units which would otherwise be permitted on the site.

EH. Health and Safety Standards. The shelter for the homeless must comply with all applicable Federal and state standards.

F. Parking. In no case shall an emergency shelter be required to provide more parking than other residential or commercial uses within the same zoning district.

Section 9.31.155 Group Residential.

Group Residential, including Senior Group Residential, shall be subject to the following standards.

A. Maximum Number of Private Living Quarters. If the building contains a common kitchen, dining and living space, adequate to serve all residents, the total number of private living quarters may exceed the maximum density that is otherwise is

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Packet Pg. 536 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 46 permitted by standards applicable to residential development in the Zoning District where the project is located.

B. Kitchen Facilities. Private living quarters may have an efficiency kitchen.

C. Minimum Age. For Senior Group Residential, occupancy shall be limited one or more persons 62 years of age or older, or a person at least 55 years of age who meets the qualifications found in Civil Code Section 51.3.

D. Minimum Private Living Quarters Size. Private living quarters shall include at least 220 square feet of floor area.

E. Outdoor Living Area. Any project containing 4 or more private living quarters shall provide the following minimum open space: 100 square feet per living quarter for projects with 4 or 5 private living quarters, and 50 square feet per living quarter for projects of 6 private living quarters or more. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.

Section 9.31.175 Low Barrier Navigation Centers
This section establishes requirements for Low Barrier Navigation Centers as defined and set forth in Section 65660 et seq. of the California Government Code.

A. Applicability. A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses if it meets the requirements of this section.

B. Definitions.

1. Low Barrier Navigation Centers means housing First, low-barrier, serviceenriched shelters focused on moving people into permanent housing that provide

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Packet Pg. 537 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 47 temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing, as defined in Government Code Section 65660.

2. Low Barrier means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
a. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. b. Pets
c. The storage of possessions.
d. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

3. Use by Right means “use by right” as defined in subdivision (i) of Government Code Section 65583.2.

C. Requirements. In accordance with Government Code Section 65662, Low Barrier Navigation Centers shall:

1. Offer services to connect people to permanent housing through a services plan that identifies services staffing.

2. Be linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those

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Packet Pg. 538 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 48 sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3. Comply with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. Have a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

D. Process. In accordance with Government Code Section 65664, Low Barrier Navigation Centers shall be processed as follows:

1. Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the City shall notify a developer whether the developer’s application is complete pursuant to Government Code Section 65943.

2. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the City shall act upon its review of the application.

3. Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by this section.

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Packet Pg. 539 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 49 9.31.180 Reserved Manufactured Housing.

In addition to complying with all property development standards for the Zoning District in which the manufactured dwellings are to be located, they shall be located, developed, and operated in compliance with the following standards:

A. General Requirements. Manufactured homes may be used for residential purposes subject to the provisions of this Section. Manufactured homes may also be used for temporary uses subject to the approval of a Temporary Use Permit consistent with Chapter 9.44.

B. Design Criteria. A manufactured home shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:

1. Foundation. A manufactured home shall be built on a foundation system approved by the Director.

2. Roof Material. Roof material shall consist of material customarily used for conventional single unit dwellings, such as tile, composition shingles, and wood shakes and shingles. If shingles and/or wood shakes are used, the pitch of the roof shall be not less than 3 inches vertical to 12 inches horizontal.

3. Siding Material. Siding material shall consist of exterior material customarily used for conventional single unit dwellings, such as stucco, wood, brick, stone or decorative concrete. Metal siding, if utilized, shall be non-reflective and horizontally lapping. Siding material utilized as skirting shall be the same as the material used on the exterior wall surface of the manufactured home.

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Packet Pg. 540 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 50 4. Carport/Garage. If a carport or enclosed garage is required within the zoning district in which the dwelling unit is to be located, the design and materials of the garage or carport shall be compatible with the main dwelling.

5. Skirting. The unit's skirting must extend to the finished grade Section 9.31.195 Multiple Unit Dwelling Projects
The purpose of this section is to establish requirements for multiple-unit dwelling projects; however, 100% affordable housing projects are exempt from Subsection (A) and (B) of this Section.

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

9.23.030(A)(2).

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

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

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

B. Transportation Demand Management. Multiple-unit dwelling projects that meet the applicability established in Section 9.53.030 shall include the following Transportation

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Packet Pg. 541 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 51 Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:

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

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

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

D. Unit Replacement Requirements. Multiple-unit dwelling projects shall comply with all applicable residential unit replacement requirements in Chapter 9.34, Residential Unit Replacement Requirements including, but not limited to, Government Code Section 66300(d) and State Density Bonus law.

E. Objective Design Standards for Streamlined, Ministerial Approval Process Established by Senate Bill 35. Qualifying multiple-unit dwelling projects that elect to use the streamlined, ministerial approval process established by Senate Bill 35 (SB 35), and

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Packet Pg. 542 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 52 set forth in Government Code Section 65913.4, shall be required to comply with objective design review standards, which may be established by resolution of the City Council.

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

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

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

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

D. Consolidation of Parcels. Residentially zoned parcels eligible under this section that are associated with commercial uses shall be exempt from parcel consolidation restrictions in Section 9.21.030(B), Development on Multiple Parcels.

E. Development Standards. Except as set forth below, all multiple-unit dwelling projects developed on a surface parking lot shall be subject to the development standards required for the underlying residential zone.

1. Maximum Allowable Density. Maximum allowable density shall be based solely on unit density calculations for the underlying residential district. Any additional density restrictions on maximum number of units for each district shall not apply. For

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Packet Pg. 543 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 53 parcels zoned R1, maximum allowable density shall be calculated based on 1 unit per 2,000 square feet of parcel area, or four units, whichever is greater.

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

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

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

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

H. Additional Requirements. Projects shall comply with the requirements set forth in Section 9.31.195, Multiple-Unit Dwelling Projects.

9.31.270 Residential Care Facilities
A. Applicability. The standards of this Section apply to the following types of Residential Facilities as defined in 9.51.020(B)(10).for more than 6 persons, including General Residential Care, General Hospice, and Senior Residential Care facilities for more than 6 persons. Residential Facilities for 6 or fewer residents shall be treated as a

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Packet Pg. 544 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 54 residential use and subject only to the same requirements as any permitted residential use of the same housing type in the District in which they are located.

B. Location. Minimum distance requirements between from any other Residential Facilities Facility shall be limited to those set forth in 300 feet as specified by State Health and Safety Code Section 1267.9(b).

C. Usable Open Space. At least 20 square feet of usable open space shall be provided for each person who resides in the facility. Open space may be provided as either private or common space.

D. Residential Care Facilities of Six or Fewer Persons. Residential Facilities for 6 or fewer persons shall be treated as a residential use and subject only to the same requirements as any permitted residential use of the same housing type in the District in which they are located.

E. Parking. Residential Facilities for 6 or fewer persons shall be subject to the same parking requirements as any permitted housing type in the District in which they are located.

Section 9.31.310 Reserved. Senior Group Residential.

The purpose of this Section is to ensure that Senior Group Residential developments do not adversely impact adjacent parcels or the surrounding neighborhood and are developed in a manner that protects the health, safety, and general welfare of nearby residents, while providing for the housing needs of an important segment of the community. Senior Group Residential uses shall be located, developed, and operated in compliance with the following standards.

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Packet Pg. 545 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 55 A. Maximum Number of Private Living Quarters. If the building contains a common kitchen, dining and living space, adequate to serve all residents, the total number of private living quarters may exceed the maximum density that is otherwise is permitted by standards applicable to residential development in the Zoning District where the project is located.

B. Kitchen Facilities. Private living quarters may have one-wall efficiency kitchen facilities, excluding an oven and dishwasher.

C. Laundry Facilities. The development shall provide laundry facilities or services adequate to meet the needs of all residents.

D. Common Facilities. In addition to the required central cooking facility, dining room, and living space, the development may provide facilities such as the following for the exclusive use of the senior citizen residents:

1. Beauty salon and barber shop;

2. Small pharmacy;

3. Recreation room; and

4. Library.

E. Security. Parking garages, surface parking, and private and common areas located outside the building shall be designed to protect the security of residents, guests and employees by controlling access to the facilities by other persons. Adequate external lighting shall be provided for security purposes and shall meet the requirements of Section

9.21.080.

F. Minimum Age. Residential occupancy shall be limited as provided in Health and Safety Code Section 1569.2(k).

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Packet Pg. 546 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 56 G. Minimum Private Living Quarters Size. Private living quarters constructed after the effective date of this Ordinance shall include at least 410 square feet of floor area.

H. Outdoor Living Area. Any project containing 4 or more private living quarters shall provide the following minimum open space: 100 square feet per living quarter for projects with 4 or 5 private living quarters, and 50 square feet per living quarter for projects of 6 private living quarters or more. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.

Section 9.31.330 Single Room Occupancy Structures.

Single Room Occupancy (SRO) structures shall be located, developed, and operated in compliance with the following standards, except that Single Room Occupancy Housing, Market Rate, as set forth in Section 9.51.020(B)(11)(a) 9.51.020(A)(1)(d)(iii), is prohibited in all Zoning Districts:

A. Maximum Occupancy. Each SRO unit shall be designed to accommodate a maximum of 2 persons.

B. Minimum Size. An SRO unit must have at least 150 square feet of floor area, excluding closet and bathroom. No individual unit may exceed 375 square feet.

C. Minimum Width. An SRO of one room shall not be less than 12 feet in width.

D. Entrances. All SRO units must be independently accessible from a single main entry, excluding emergency and other service support exits.

E. Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom

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Packet Pg. 547 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 57 facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.

F. Closet. Each SRO unit shall have a separate closet.

G. Common Area. 4 square feet per living unit shall be provided, excluding janitorial storage, laundry facilities and common hallways. At least 200 square feet in area of interior common space provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.

H. Tenancy. Tenancy of SRO units shall be for 30 or more days.

I. Facility Management. An SRO structure with 10 or more units shall provide fulltime on-site management. An SRO structure with fewer than 10 units shall provide a management office on-site.

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Packet Pg. 548 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 58 Chapter 9.34 Residential Unit Replacement Requirements Reserved

9.34.010 Purpose
The purpose of this Chapter is to set forth requirements for replacement of residential units to ensure compliance with State law, including, but not limited to, the Housing Crisis Act of 2019, Government Code 66300 et seq.

9.34.020 Applicability
A. Except as provided in paragraph B, below, the replacement unit requirements of this Chapter shall apply to any development project that will require demolition of one or more residential dwelling units.

B. Notwithstanding paragraph A, above, the replacement unit requirements of this Chapter shall not apply to a development project that will require demolition of one or more residential dwelling units if any of the following conditions are met:

1. The development project meets one of the conditions set forth in Government Code 66300.6(1)(C); or

2. The development project:
a. Does not involve new construction; and
b. Would not result in the reduction of protected units

9.34.030 Requirements
A. All projects shall comply with all applicable residential unit replacement requirements, including, but not limited to, replacement unit requirements set forth in the Housing Crisis Act of 2019, Government Code Section 66300.6, and State Density Bonus law Government Code Section 65915.

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Packet Pg. 549 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 59 B. For purposes of Government Code Section 65915(c)(3)(C), for any dwelling unit that is or was, within the five-year period preceding the application for a development project, subject to Santa Monica City Charter Article XVIII, the City’s Rent Control Law, and that is or was occupied by persons or families above lower income, the units shall be replaced in compliance with the Rent Control law. This requirement is exclusive of obligations under Chapter 9.64 and units to qualify for State Density Bonus Law.

C. Relationship to Other Laws and Requirements

1. State Density Bonus Law. Protected units replaced pursuant to the Housing Crisis Act of 2019 or State Density Bonus Law shall be considered in determining whether the housing development project satisfies the requirements of Chapter 9.22, Density Bonus, and State Density Bonus Law, Government Code section 65915.

2. Affordable Housing Production Program.
a. Protected Units replaced pursuant to the Housing Crisis Act of 2019 or State Density Bonus Law shall be considered in determining whether the development project satisfies the requirements of Chapter 9.64, Affordable Housing Production Program.
b. When determining income level for required deed restricted units, the requirements of this Chapter shall be met prior to ensuring compliance with requirements of Section 9.64.020.
c. In the event of a conflict between the onsite requirements set forth in Section 9.64.020 and the requirements of this Chapter, the replacement unit replacements in this Chapter shall control.

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Packet Pg. 550 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 1 DIVISION 4: ADMINISTRATION AND PERMITS
Chapter 9.39, Administrative Approval
Chapter 9.49, Reasonable Accommodations

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Packet Pg. 551 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 2 CHAPTER 9.39 ADMINISTRATIVE APPROVAL

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

1. Housing Projects. For Housing Projects, all new construction and new additions to existing buildings as follows:
a. 100% affordable housing projects;
b. Moderate Income Housing Overlay project, as defined in Section

9.1912.020(D);
c. Streamlined Housing Project, as defined in Section 9.39.040, located on a parcel or parcels that do not exceed 43,560 square feet in size, including projects that have been granted modifications and waivers pursuant to Chapter

9.43, Modifications and Waivers; or
d. Streamlined Housing Project, as defined in Section 9.39.040, within a Bergamot District and that satisfies the following requirements:
i. Located on a parcel or parcels that exceeds 43,560 square feet in size and is less than 130,680 square feet in size; and
ii. Complies with Section 9.12.030(O), Special Project Commitments for Housing Projects on Large Sites in Bergamot Districts, including projects that have been granted Modifications and Waivers pursuant to Chapter 9.43, Modifications and Waivers;
ed. Pursuant to Government Code Section 65583.2(c), any housing project as defined by 65589.5(h)(2) providing at least 20% of the onsite units as

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Packet Pg. 552 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 3 affordable units located on a nonvacant site that was identified in the 5th Cycle (2013-2021) Housing Element suitable sites inventory;.
f. Pursuant to Government Code Section 65583.2(h) and (i):
i. Housing projects proposed on a City-owned site, as identified in the 6th Cycle (2021-2029) Housing Element, where at least 20% of the project’s units are made affordable and available to lower income households and used to satisfy the City’s shortfall of lower income units identified in the 6th Cycle (2021-2029) Housing Element; or ii. Projects with at least 50% residential proposed on City-owned sites, where 20% of the project’s units are made affordable to lower-income households that are sold or leased and used to satisfy the City’s shortfall of lower income units as identified in the 6th Cycle (2021-2029) Housing Element; or
g. Adaptive Reuse Project, as defined in Section 9.31.035(B)(1).

2. Non-Housing Projects. For non-housing projects of more than 1,000 square feet, all new construction and new additions to existing buildings that do not exceed the following:
a. Tier 1 maximum limits;
b. In Multi-Unit Residential Districts or Ocean Park Neighborhood Districts, 10,000 square feet;
c. In Neighborhood Commercial and Oceanfront Districts, 7,500 square feet;

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Packet Pg. 553 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 4 d. In Nonresidential Districts not specified in subsection (A)(2)(c) above, 15,000 square feet; or
e. In the Pico Neighborhood Area as outlined in Figure 9.40.020.A, notwithstanding subsection (A)(2)(b) through (d) above, and until the adoption of a Pico Neighborhood Plan, 7,500 square feet.

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

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

2. Housing Projects consisting of new construction and new additions to existing buildings located in the Multi-Unit Residential Districts or Ocean Park Neighborhood Districts that are no greater than 10,000 square feet; or

23. Non-housing projects consisting of new construction and new additions to existing buildings located in Residential and Nonresidential Districts no greater than 1,000 square feet.

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Packet Pg. 554 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 5 CHAPTER 9.49 Reasonable Accommodation

9.49.010 Purpose
It is the policy of the City to provide individuals with disabilities reasonable accommodations or reasonable modifications in rules, policies, practices, and procedures to ensure the equal access to housing and to facilitate the development of housing for individuals with disabilities in compliance with the California Fair Employment and Housing Act, the Unruh Civil Rights Act, the Federal Fair Housing Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act, and Sections 12176-12181 of Title 2 of the California Code of Regulations (referred to in this Chapter as the “Acts”).

This Chapter provides a procedure for making requests for reasonable accommodations in the City’s land use and zoning regulations, policies, practices, and procedures to comply fully with the intent and purpose of the fair housing laws.

9.49.020 Applicability
A. Eligible Applicants.

1. A request for a reasonable accommodation or reasonable modification may be made by any person with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

2. This Chapter is intended to apply to those persons who are defined as disabled or handicapped under the Acts.

B. Eligible Requests.

1. A request for a reasonable accommodation or reasonable modification may seek include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate

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Packet Pg. 555 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 6 regulatory barriers and provide a person with a disability equal opportunity to use and enjoy a dwelling housing of their choice.

2. A request for a reasonable accommodation or reasonable modification shall comply with Section 9.49.030.

9.49.030 Application Requirements
A. Application. A request for a reasonable accommodation or reasonable modification shall be submitted orally or in writing to the City. The City shall provide an optional form that may be used for this purpose which shall include space for the requester to provide the following information on an application form provided by the City and shall contain all of the following information:

1. The applicant’s name, address, and telephone number.

2. Name, address, and telephone number of the property owner and the current address for which the request is being made.

3. The current actual use of the property.

4. A description of the nature of the disability. The basis for the claim that the individual is considered disabled under the Acts.

5. The Zoning Code provision, regulation, or policy from which the reasonable accommodation is being requested, or the physical structure which the requested reasonable modification would alter.

6. The specific accommodation or modification being requested, and the connection between the disability and requested accommodation or modification.

B. Concurrent Processing. If a request for a reasonable accommodation or reasonable modification is being submitted in conjunction with an application for another

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Packet Pg. 556 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 7 approval, permit, or entitlement under this Ordinance, it shall be heard and acted upon prior to the associated application at the same time and in the same manner as that application.

9.49.040 Review Authority
A. Director’s Review. A request for a reasonable accommodation or reasonable modification shall be reviewed and a determination shall be made by the Director in accordance with the procedures set forth in Section 9.49.050, Procedures, and subject to the findings set forth in Section 9.49.060, Findings and Determination if no discretionary approval is sought other than the request for reasonable accommodation.

B. Other Review Authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed and determined by the authority reviewing the discretionary land use application.

9.49.050 Review Procedures
A. Upon receipt of a request for a reasonable accommodation or reasonable modification, the Director shall promptly review the request and shall either:

1. Issue a written decision to approve the request in accordance with Section

9.49.060(A) based on the findings set forth in Section 9.49.060(B): or

2. Initiate the interactive process as defined by Section 9.52.020.1145, in writing, in accordance with the processes set forth in paragraphs B and C, below.

The Director shall make a determination to either approve a request or initiate the interactive process within a reasonable amount of time, not to exceed 45 days, following the submittal of a request, unless the request is more time-sensitive, in which case the Director shall review the request as soon as possible.

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Packet Pg. 557 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 8 B. The Director shall promptly initiate the interactive process if the Director determines that the request lacks information necessary for the Director to determine either of the following:

1. Whether the person on whose behalf the request is made is disabled, or

2. The connection between the disability and requested accommodation or modification.

The Director shall promptly contact the requestor to obtain further information necessary to process the request. The Director shall promptly review any further information provided by the person making the request. If, upon review of the further information from the person making the request, the Director determines that all of the criteria set forth in subsection (B) are established, the Director shall grant the request.

C. The Director shall promptly initiate the interactive process if the Director determines any of the following:

1. The requested accommodation or modification would pose an undue financial or administrative burden on the City;

2. The requested accommodation or modification would constitute a fundamental alteration of the City’s land use and zoning or building program; or

3. The requested accommodation or modification would pose a direct threat to the health or safety of another or cause substantial physical damage to the property of another.

The Director shall promptly contact the person making the request and enter into the interactive process. If, after entering into the interactive process, the Director determines that that another accommodation or modification would be equally effective, and all of the

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Packet Pg. 558 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 9 criteria set forth in Section 9.49.050(B) are established, the Director shall grant the request with the alternative accommodation or modification.

D. The Director may deny a request for a reasonable accommodation or reasonable modification if:

1. The Director first initiates and engages in the interactive process; and

2. Determines that one or more of the findings set forth in 9.49.060(C) are established.

A decision to grant an accommodation shall be based on the following findings:

A. Director’s Review. The Director shall make a written determination within 45 days following the submittal of a complete application and either approve, approve with modification, or disapprove a request for reasonable accommodation in compliance with Section 9.49.060 below.

B. Other Review Authority. The written determination on whether to approve or disapprove the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to approve or disapprove the request for reasonable accommodation shall be made in compliance with Section 9.49.060 below.

C. Stays. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 45 day period to issue a decision is stayed until the applicant responds to the request.

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Packet Pg. 559 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 10 D. Impact on Other Laws. While a request for reasonable accommodations is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

9.49.060 Findings and Decision
A. Findings. A decision to grant a reasonable accommodation shall be based on the following findings:

1. That the housing or other property which is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection;

2. The request for accommodation is necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling or common areas of the premises;

3. The request for accommodation would not impose an undue financial or administrative burden on the City; and

4. The request for accommodation would not require a fundamental alteration in the nature of the City’s land use and zoning or building program.

B. Conditions of Approval. In approving a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by subsection (A) of this Section. Additionally, the approved request for reasonable accommodation shall only be granted to an individual and shall not run with the land unless authorized pursuant to Section 9.49.080.

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Packet Pg. 560 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 11 AC. Written Decision. The Director shall issue a written decision approving or denying on the request for a reasonable accommodation or modification which shall include the Director’s reviewing authority’s findings pursuant to paragraphs B and C, below, and any other relevant information upon which the decision is based. All written decisions shall give notice of the applicant’s right of appeal and to request reasonable accommodation in the appeals process as set forth below.

B. Findings for Approval of a Request for a Reasonable Accommodation or Modification. The Director shall grant the reasonable accommodation or reasonable modification request if the Director finds all of the following are established:

1. The housing or other property which is the subject of the request for reasonable accommodation or reasonable modification will be used by an individual with a disability;

2. The accommodation or modification is necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling;

3. The accommodation or modification would not impose an undue financial and administrative burden on the City;

4. The accommodation or modification would not require a fundamental alteration in the nature of the City’s land use and zoning or building program; and

5. The accommodation or modification would not pose a direct threat to the health or safety of another or cause substantial physical damage to the property of another.

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Packet Pg. 561 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 12 C. Findings for Denial of a Request for a Reasonable Accommodation or Modification.

The Director may deny a reasonable accommodation or reasonable modification request if the Director finds any of the following:

1. The person on whose behalf the request is made is not disabled;

2. The accommodation or modification is not necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling;

3. The accommodation or modification would impose an undue financial or administrative burden on the City and the Director and person making the request were not able to identify another accommodation that would be equally effective at providing the disabled person equal opportunity to use and enjoy a dwelling;

4. The accommodation or modification would require a fundamental alteration in the nature of the City’s land use and zoning or building program, and the Director and person making the request were not able to identify another accommodation that would be equally effective at providing the disabled person equal opportunity to use and enjoy a dwelling;

5. The accommodation or modification would pose a direct threat to the health or safety of another or cause substantial physical damage to the property of another, and the Director and person making the request were not able to identify another accommodation that would be equally effective at providing the disabled person equal opportunity to use and enjoy a dwelling; or

6. The person making the request failed to engage in good faith in the interactive process initiated by the Director pursuant to Section 9.49.050 (B) or (C).

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Packet Pg. 562 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 13 9.49.070 Appeals
The applicant or any other aggrieved party may appeal a decision on a reasonable accommodation as follows:

A. A determination by the Director to grant or deny a request for reasonable accommodation may be appealed to a hearing examiner pursuant to Santa Monica Municipal Code Chapter 6.16.

B. A determination by the Planning Commission to grant or deny a request for reasonable accommodation may be appealed pursuant to Section 9.37.130, Appeals.

If an appellant needs assistance in filing an appeal, the Planning Division shall provide the assistance that is necessary to ensure that the appeal process is accessible to the applicant.

9.49.0780 Duration of Reasonable Accommodation
A. A reasonable accommodation shall lapse if the exercise of rights granted by it is deemed ceased or discontinued for at least 180 consecutive days. For purposes of this subsection, the terms ceased or discontinued shall be defined as an abandonment of the rights, irrespective of the owner’s or occupant’s intent.

AB. If the person(s) for whom the accommodation or modification is granted no longer resides on the parcel or is no longer in need of the accommodation or modification, initially occupying a residence vacate, any physical modification made pursuant to the approved request reasonable accommodation shall be removed within 60 days unless the Director reviewing authority first determines that:

1. The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this Zoning Ordinance; or

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Packet Pg. 563 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 14 2. The modification accommodation is necessary to afford to be used by another qualifying individual with a disability equal opportunity to use the dwelling.

C. The Director reviewing authority may request the applicant or the successor(s)-ininterest to the property to verify provide documentation that the modification is necessary to afford a subsequent occupants equal opportunity to use and enjoy a dwelling are qualifying persons with disabilities. Failure to provide the documentation within 30 10 days following the date of a request by the Director reviewing authority shall constitute grounds for discontinuance by the City of a previously-approved reasonable accommodation or modification. Any person may request the same or any other reasonable accommodation or reasonable modification at any time.

D. The time limits in subsections (A) and (B) of this Section are tolled during any time the applicant is receiving medical care at a medical facility.

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Packet Pg. 564 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 1 DIVISION 5 GENERAL TERMS
Chapter 9.51, Use Classifications
Chapter 9.52, Terms and Definitions

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Packet Pg. 565 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 2 Chapter 9.51 USE CLASSIFICATIONS

9.51.020 Residential Use Classifications.

A. Residential Dwelling Types.

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

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

3. Multiple-Unit Dwelling. Two or more dwelling units within a single building or within 2 or more buildings on a site or parcel. Types of multiple-unit dwellings include garden apartments, senior housing developments, and multi-story apartment and condominium buildings.
a. Duplex. A single building that contains 2 dwelling units or 2 single unit dwellings on a single parcel. This use is distinguished from accessory dwelling units and junior accessory dwelling units, which are accessory residential units as defined by State law and Division 3, Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.
b. Senior Citizen Multiple-Unit Dwelling. A multiple-unit development in which occupancy of individual units is restricted to one or more persons 62 years

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Packet Pg. 566 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 3 of age or older, or a person at least 55 years of age who meets the qualifications found in Civil Code Section 51.3.

4. Single-Unit Dwelling. A dwelling unit that is designed for occupancy by one household, located on a single parcel that does not contain any other dwelling unit (except an accessory dwelling unit, where permitted), and not attached to another dwelling unit on an abutting parcel. This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code. This classification shall also include group homes that operate as single-unit dwellings that do not provide licensable services even if more than six residents.

B. Housing Types for Specific Needs

1. Congregate Housing. A residential facility with shared kitchen facilities, deed-restricted or restricted by an agreement approved by the City for occupancy by lowor moderate-income households, designed for occupancy for periods of 6 months or longer, providing services that may include, but not limited to, meals, housekeeping, and personal care assistance, as well as common areas for residents of the facility. See Division 3, Section 9.31.110, Congregate Housing, for further details.

2. Corporate Housing. Rental housing which has all the following attributes:
a. The housing is designed for use by individuals who will reside on the property for a minimum stay of at least 30 consecutive days, but who otherwise intend their occupancy to be temporary.
b. The housing is intended for use by persons who will maintain or obtain a permanent place of residence elsewhere.

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Packet Pg. 567 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 4 c. The housing includes 2 or more of the following amenities:
i. Maid and linen service.
ii. Health club, spa, pool, tennis courts, or memberships to area facilities.
iii. Business service centers.
iv. Meeting rooms.
v. Fully furnished units including a combination of some but not necessarily all of the following: furniture, appliances, housewares, bed linens, towels, artwork, televisions, entertainment systems, and computer equipment.
vi. Valet parking.

3. Elderly and Long-Term Care. Establishments that provide 24-hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by the State of California, including, but not limited to, rest homes, nursing homes, and convalescent hospitals, but not residential care, hospitals or clinics.

4. Emergency Shelter. Housing with minimal supportive services for individuals experiencing homelessness where occupancy is limited to 6 months or less, as defined in subdivision (e) of Section 50801 of the California Health and Safety Code.

See Division 3, Section 9.31.130, Emergency Shelters, for further details.

5. Employee Housing. Housing which has qualified, or is intended to qualify, for a permit to operate pursuant to the Employee Housing Act, California Health and Safety Code 17000 et seq., that provides accommodations for six or fewer employees

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Packet Pg. 568 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 5 and meets the definition of Employee Housing as defined by California Health and Safety Code 17008. Pursuant to Section 17021.5 of the California Health and Safety Code, for purposes of this Ordinance, employee housing shall be considered a single-unit dwelling.

6. Family Day Care. A day-care facility licensed by the State of California that is located in a dwelling unit where a resident of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day. a. Large. A facility that provides care for up to 12 children, including children who reside at the home and are under the age of 10, or up to 14 children in accordance with Health and Safety Code Section 1597.465, or any successor thereto. See Division 3, Section 9.31.140, Family Day Care, Large, for further details.
b. Small. A facility that provides care for up to 6 children including children who reside at the home and are under the age of 10, or up to 8 children in accordance with Health and Safety Code Section 1597.44, or any successor thereto.

7. Group Residential. Shared living quarters without a separate kitchen or bathroom facilities wherein 2 or more rooms are offered for rent for permanent or semitransient residents for periods generally of at least 30 days. This classification includes rooming and boarding houses, dormitories, fraternities, convents, monasteries, farmworker housing, and other types of organizational housing, and private residential clubs, but excludes extended stay hotels intended for long-term occupancy (30 days or more; see Hotel and Motel), and residential facilities. See Division 3, Section 9.31.155, Group Residential, for further details.

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Packet Pg. 569 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 6 a. Senior Group Residential. A residential facility that provides residence for a group of residents 60 years of age or older with a central kitchen and dining facilities and a separate bedroom or private living quarters. See Division 3, Section 9.31.155, Group Residential, for further details.

8. Low Barrier Navigation Centers. A housing first, low-barrier, serviceenriched shelter focused on moving people into permanent housing that provided temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services shelter, and housing, as defined in Section 65660 of the California Government Code. See Division 3, Section 9.31.175, Low Barrier Navigation Centers, for further details.

9. Mobile Home Park. Any area or tract of land where 2 or more lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured home, mobile homes, or recreational vehicles used for human habitation in accordance with Health and Safety Code Section 18214, or any successor thereto.

10. Residential Facility. Facilities that provide permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including group homes for minors, persons with disabilities, people in

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Packet Pg. 570 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 7 recovery from alcohol or drug addictions, and hospice facilities. See Division 3, Section

9.31.270, Residential Care Facilities, for further details. a. Residential Care, General. A residential facility licensed by the State of California and providing care for more than 6 persons. b. Residential Care, Limited. A residential facility licensed by the State of California providing care for 6 or fewer persons.
c. Residential Care, Seniors. A housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels of care and supervision are provided, based upon their varying needs, as agreed to at the time of admission or determined necessary at subsequent times of reappraisal. This classification includes residential care facilities for the elderly, as defined by Health and Safety Code Section 1569.2, and continuing care retirement communities and life care communities licensed for residential care by the State of California.
d. Hospice, General. A facility that provides residential living quarters for more than 6 terminally ill persons.
e. Hospice, Limited. A facility that provides residential living quarters for up to 6 terminally ill persons.

11. Single-Room Occupancy Housing. Multiple-unit residential buildings containing housing units that may have kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the State Health and Safety Code. Each housing unit is occupied by no more than 2 persons and is offered on a monthly rental basis or

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Packet Pg. 571 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 8 longer. See Division 3, Section 9.31.330, Single Room Occupancy Structures, for further details.
a. Single-Room Occupancy Housing, Market-Rate. Multiple-unit residential buildings containing housing units that may have kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the State Health and Safety Code. Each housing unit is occupied by no more than 2 persons and is offered on a monthly rental basis or longer. Single-room occupancy housing, market-rate shall not include any of the following:
i. 100% affordable housing project, as set forth in Section

9.52.020.0050;
ii. Elderly and long-term care, as set forth in subsection (A)(3); iii. Emergency shelter, as set forth in subsection (A)(4); iv. Residential facility, as set forth in subsection (A)(7); v. Supportive housing, as set forth in subsection (A)(8); or vi. Transitional housing, as set forth in subsection (A)(9).

12. Supportive Housing. Housing which meets the definition of Health and Safety Code Section 50675.2(h) with no limit on length of stay that are occupied by the target population as defined in subdivision (b)(2) of Section 50675.14 of the California Health and Safety Code, and that are linked to on-site or off-site services that assist supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live, and where possible, work in the community. Supportive housing may be provided in a multiple-unit structure or group residential facility. Facilities may operate as licensed or unlicensed facilities subject to applicable State requirements.

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Packet Pg. 572 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 9 13. Transitional Housing. Housing which meets the definition of subdivision (i) of Section 50675.2 of the California Health and Safety Code with a limited length of stay that are operated under a program requiring the termination of assistance and recirculation to another program recipient at some future point in time, which shall be no less than six months. Transitional housing may be designated for individuals experiencing homelessness or individuals recently experiencing homelessness individuals or families transitioning to permanent housing. Facilities may be linked to onsite or offsite supportive services designed to help residents gain skills needed to live independently. Transitional housing may be provided in a variety of residential housing types (e.g., multiple-unit dwelling, single-room occupancy, group residential, single unit dwelling). This classification includes domestic violence shelters.

A. Residential Use Classifications.

1. Residential Types.
a. Single-Unit Dwelling. A dwelling unit that is designed for occupancy by one household, located on a single parcel that does not contain any other dwelling unit (except an accessory dwelling unit, where permitted), and not attached to another dwelling unit on an abutting parcel. This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code b. Accessory Dwelling Unit. An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a parcel with a proposed or existing primary singleunit or multiple-unit dwelling. See Division 3, Section 9.31.025, Accessory Dwelling

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Packet Pg. 573 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 10 Units and Junior Accessory Dwelling Units, for further details. c. Duplex. A single building that contains 2 dwelling units or 2 single unit dwellings on a single parcel. This use is distinguished from accessory dwelling units and junior accessory dwelling units, which are accessory residential units as defined by State law and Division 3, Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.
d. Multiple-Unit Dwelling. Two or more dwelling units within a single building or within 2 or more buildings on a site or parcel. Types of multiple-unit dwellings include garden apartments, senior housing developments, and multistory apartment and condominium buildings. This classification includes transitional housing in a multiple-unit format. The classification is distinguished from group residential facilities.
i. Senior Citizen Multiple-Unit Residential. A multiple-unit development in which occupancy of individual units is restricted to one or more persons 62 years of age or older, or a person at least 55 years of age who meets the qualifications found in Civil Code Section 51.3.ii.

Single-Room Occupancy Housing. Multiple-unit residential buildings containing housing units that may have kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the State Health and Safety Code. Each housing unit is occupied by no more than 2 persons and is offered on a monthly rental basis or longer. See Division 3, Section

9.31.330, Single Room Occupancy Structures, for further details. iii. Single-Room Occupancy Housing, Market-Rate. Multiple-unit

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Packet Pg. 574 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 11 residential buildings containing housing units that may have kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the State Health and Safety Code. Each housing unit is occupied by no more than 2 persons and is offered on a monthly rental basis or longer. Singleroom occupancy housing, market-rate shall not include any of the following:
(A) 100% affordable housing project, as set forth in Section

9.52.020.0050;
(B) Elderly and long-term care, as set forth in subsection (A)(3); (C)Emergency shelter, as set forth in subsection (A)(4); (D)Residential facility, as set forth in subsection (A)(7); (E) Supportive housing, as set forth in subsection (A)(8); or (F) Transitional housing, as set forth in subsection (A)(9). e. Group Residential. Shared living quarters without a separate kitchen or bathroom facilities wherein 2 or more rooms are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in residence, offered for rent for permanent or semi-transient residents for periods generally of at least 30 days. This classification includes rooming and boarding houses, dormitories, fraternities, convents, monasteries, and other types of organizational housing, and private residential clubs, but excludes extended stay hotels intended for long-term occupancy (30 days or more; see Hotel and Motel), and residential facilities. Group residential includes, but is not limited to, the following:
i. Congregate Housing. A residential facility with shared kitchen

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Packet Pg. 575 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 12 facilities, deed-restricted or restricted by an agreement approved by the City for occupancy by low- or moderate-income households, designed for occupancy for periods of 6 months or longer, providing services that may include meals, housekeeping and personal care assistance as well as common areas for residents of the facility. See Division 3, Section 9.31.110, Congregate and Transitional Housing, for further details. ii. Senior Group Residential. A residential facility that provides residence for a group of senior citizens [as defined in Health and Safety Code Section 1569.2(k)] with a central kitchen and dining facilities and a separate bedroom or private living quarters. See Division 3, Section

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

2. Corporate Housing. Rental housing which has all the following attributes:
a. The housing is designed for use by individuals who will reside on the property for a minimum stay of at least 30 consecutive days, but who otherwise intend their occupancy to be temporary.
b. The housing is intended for use by persons who will maintain or obtain a permanent place of residence elsewhere.
c. The housing includes 2 or more of the following amenities:
i. Maid and linen service.

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Packet Pg. 576 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 13 ii. Health club, spa, pool, tennis courts, or memberships to area facilities.
iii. Business service centers.
iv. Meeting rooms.
v. Fully furnished units including a combination of some but not necessarily all of the following: furniture, appliances, housewares, bed linens, towels, artwork, televisions, entertainment systems, and computer equipment.
vi. Valet parking.

3. Elderly and Long-Term Care. Establishments that provide 24-hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by the State of California, including, but not limited to, rest homes, nursing homes, and convalescent hospitals, but not residential care, hospitals or clinics.

4. Emergency Shelter. A temporary, short-term residence providing housing with minimal supportive services for homeless families or individual persons where occupancy is limited to 6 months or less, as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided.

See Division 3, Section 9.31.130, Emergency Shelters, for further details.

5. Family Day Care. A day-care facility licensed by the State of California that is located in a dwelling unit where a resident of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day. a. Small. A facility that provides care for up to 6 children including

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Packet Pg. 577 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 14 children who reside at the home and are under the age of 10, or up to 8 children in accordance with Health and Safety Code Section 1597.44, or any successor thereto.
b. Large. A facility that provides care for up to 12 children, including children who reside at the home and are under the age of 10, or up to 14 children in accordance with Health and Safety Code Section 1597.465, or any successor thereto. See Division 3, Section 9.31.140, Family Day Care, Large, for further details.

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

7. Residential Facility. Facilities that provide permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including group homes for minors, persons with disabilities, people in recovery from alcohol or drug addictions, and hospice facilities. See Division 3, Section

9.31.270, Residential Care Facilities, for further details. a. Residential Care, General. A residential facility licensed by the State of California and providing care for more than 6 persons.

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Packet Pg. 578 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 15 b. Residential Care, Limited. A residential facility licensed by the State of California providing care for 6 or fewer persons.
c. Residential Care, Seniors. A housing arrangement chosen voluntarily by the resident, the resident's guardian, conservator or other responsible person, where residents are 60 years of age or older and where varying levels of care and supervision are provided as agreed to at the time of admission or determined necessary at subsequent times of reappraisal. This classification includes continuing care retirement communities and life care communities licensed for residential care by the State of California. d. Hospice, General. A facility that provides residential living quarters for more than 6 terminally ill persons.
e. Hospice, Limited. A facility that provides residential living quarters for up to 6 terminally ill persons.

8. Supportive Housing. Housing which meets the definition of Health and Safety Code Section 50675.14 with no limit on length of stay that are occupied by the target population as defined in subdivision (d) of Section 53260 of the California Health and Safety Code, and that are linked to on-site or off-site services that assist supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live, and where possible, work in the community. Supportive housing as defined by subdivision (b) of Section 50675.14 may be provided in a multiple-unit structure or group residential facility. Facilities may operate as licensed or unlicensed facilities subject to applicable State requirements.

9. Transitional Housing. Dwelling units with a limited length of stay that are

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Packet Pg. 579 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 16 operated under a program requiring recirculation to another program recipient at some future point in time. Transitional housing may be designated for homeless or recently homeless individuals or families transitioning to permanent housing as defined in subdivision (h) of Section 50675.2 of the California Health and Safety Code. Facilities may be linked to onsite or offsite supportive services designed to help residents gain skills needed to live independently. Transitional housing may be provided in a variety of residential housing types (e.g., multiple-unit dwelling, single-room occupancy, group residential, single unit dwelling). This classification includes domestic violence shelters.

See Division 3, Section 9.31.110, Congregate and Transitional Housing, for further details.

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Packet Pg. 580 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 17 9.52.010 List of Terms
30% Income Household
50% Income Household
60% Income Household
80% Income Household
100% Affordable Housing Project
Abandoned, Abandonment
Abutting, Adjoining, or Adjacent
Access
Accessory Building
Accessory Dwelling Unit
Accessory Food Service
Accessory Structure
Accessory Use
Act of Nature
Affordable Rent
Alley
Alteration
Arcade
Area Median Income (AMI)
Artist
Attic
Awning

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Packet Pg. 581 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 18 Balcony
Base District
Base Height
Basement
Bathroom
Bay Window
Bedroom
Block
Buffer, Buffering
Building
Building, Accessory
Building, Principal
Building Code
Building Face
Building Envelope
Building Footprint
Building Height
Building Site
Build-To Line
California Department of Alcoholic Beverage Control (ABC) California Environmental Quality Act (CEQA)
Canopy
Car Sharing

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Packet Pg. 582 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 19 Carport
Change of Use
Clerestory
City
City Council
City Engineer
City-Designated Contributing Building or Structure
City-Designated Historic Resource
City-Designated Landmark
City-Designated Structure of Merit
Commercial Boulevard
Conditionally Permitted
Construction
Corner Build-To Area
County
Courtyard
Cripple Wall
Curb Cut
Daylight Plane
Deck
Demising Wall
Demolition
Development

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Packet Pg. 583 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 20 Development Agreement
Director
Disability
Discretionary Permit
District
Domestic Violence Shelter
Driveway
Dwelling
Dwelling Unit
Easement
Effective Date
Emergency
Entrance
Environmental Review
Environmental Impact Report (EIR)
Erect
Excavation
Façade
Façade, Street-Facing
Feasible
Fee
Fence
Floor Area

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Packet Pg. 584 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 21 Floor Area Ratio
Footprint
Frontage, Street
Garage
Semi-Subterranean Garage
Subterranean Garage
Garage Sales
General Plan
Glare
Government Code
Grade
Average Natural Grade
Existing Grade
Finished Grade
Segmented Average Natural Grade
Theoretical Grade
Ground Floor
Ground Floor Street Frontage
Habitation
Hazardous Materials
Height
Historic Resource
Historic Resources Inventory

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Packet Pg. 585 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 22 Home Occupation
Household
Housing Project
Illegal Use
Intensity of Use
Interactive Process
Intersection, Street
Junior Accessory Dwelling Unit
Kitchen
Landscape
Automatic Controller
Backflow Prevention Device
Groundcover
Hedge
Irrigation System
Landscaping
Moisture Sensing Device
Mulch
Plant Area
Lighting
Foot-Candle
Light Fixture
Shielded Fixture

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Packet Pg. 586 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 23 Lightwell
Living Quarters
Loading Space
Loft
Lot
Maintenance and Repair
Major Transit Stop
Manufactured Housing
Mezzanine
Mixed-Use Development
Mobile Home Park
Natural Disaster
Nonconforming Building
Nonconforming Structure
Nonconforming Use
Open Space
Open Space, Common
Open Space, Private
Open Space, Usable
Outdoor Sales, Temporary and Seasonal
Outdoor Storage
Overlay District
Parapet

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Packet Pg. 587 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 24 Parcel
Parcel, Corner
Parcel, Flag
Parcel, Key
Parcel, Reversed Corner
Parcel, Through
Parcel Area
Parcel Depth
Parcel Frontage
Parcel Line
Parcel Line, Front
Parcel Line, Rear
Parcel Line, Side
Parcel Width
Parking Facility
Accessory Parking
Long-Term Parking
Parking, Bicycle
Long-Term Bicycle Parking
Short-Term Bicycle Parking
Parking Space, Off-Street
Accessible Parking
Car Share Parking

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Packet Pg. 588 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 25 Independently-Accessible Parking
Shared Parking
Stacked Parking
Tandem Parking
Unbundled Parking
Valet Parking
Parking Structure
Semi-Subterranean
Subterranean
Patio
Paving
Permit
Permitted Use
Person
Person with a Disability
Planning Commission
Plaza
Podium
Port Cochere
Pre-Existing
Primary Use
Private Tennis Court
Project

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Packet Pg. 589 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 26 Public Land
Public Resources Code
Qualified Applicant
Ramp
Reasonable Accommodation
Reasonable Modification
Residential Use
Review Authority
Right-of-Way
Roof
Barrel Roof
Gambrel Roof
Hip Roof
Mansard Roof
Pitched Roof
Shed Roof
Roof Deck
Screening
Security Grate or Grilles
Senior Citizen
Setback
Setback, Front
Setback, Rear

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Packet Pg. 590 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 27 Setback, Side
Setback, Street Side
Sexually-Oriented Business
Shrub
Sidewalk
Sidewalk Café
Sign-Related Definitions
Site
Skylight
Solar Energy System
State Historical Building Code
Story
Street
Street Tree
Street Wall
Structural Alterations
Structure
Structure, Accessory
Structure, Main
Structure, Subterranean
Structure, Temporary
Subdivision
Swimming Pool

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Packet Pg. 591 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 28 Temporary Structure
Third Street Promenade Area
Tower
Trailer
Trash Screen/Enclosure
Unit
Use
Use, Accessory
Use, Primary
Use Classification
Use Permit
Use Type
Utilities
Vibration
View Corridor
Wall
Window
Primary Room Window
Secondary Room Window
Yard
Zoning Administrator
Zoning District

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Packet Pg. 592 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 29 9.52.020 Definitions
The following words or phrases as used in this Article shall have the following meanings:

9.52.020.0010 30% Income Household. A household whose gross income does not exceed the 30% income limits applicable to the Los Angeles-Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by HUD.

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

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

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

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

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

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

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Packet Pg. 593 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 30 9.52.020.0070 Abutting, Adjoining, or Adjacent. Having a common property line or district line or separated only by an alley, path, private street, or easement.

9.52.020.0080 Access. The place, or way through which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Article.

9.52.020.0090 Accessory Building. See Building, Accessory.

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

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

9.52.020.0110 Accessory Structure. See Structure, Accessory.

9.52.020.0120 Accessory Use. See Use, Accessory.

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

9.52.020.0135 Affordable Rent. Affordable rent shall mean the following:

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

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

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Packet Pg. 594 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 31 C. For 80% income households whose gross incomes exceed the maximum incomes for 50% income households, the product of 30% times 60% of the area median income adjusted for household size appropriate for the unit.

D. For moderate income households, the product of 30% times 110% of the area median income adjusted for household size appropriate for the unit.

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

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

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

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

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

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

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

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

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Packet Pg. 595 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 32 media works, literature, costume design, photography, architecture, music composition, and conceptual art;
C. A person who creates functional art, including, but not limited to, jewelry, rugs, decorative screens and grates, furniture, pottery, toys, and quilts;
D. A performer, including, but not limited to, singers, musicians, dancers, actors, and performance artists.

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

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

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

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

9.52.020.0210 Base District. See Zoning District.

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

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

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Packet Pg. 596 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 33 above Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade. Up to 4 wall surfaces of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade may be exposed above Finished Grade, so long as this exposure does not exceed 40% of each of these wall surface areas. Each wall surface area is calculated by multiplying the height by the length of the wall. In addition, the visible wall surface height of these walls shall not exceed 3 feet above Finished Grade, except for an entrance to a garage, which must be designed to the minimum feasible width and not exceed the maximum size requirements set forth in Chapter 9.28, or for any light well or emergency egress as required by the Building Code. A basement shall not be considered a story.

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

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

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

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

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

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

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Packet Pg. 597 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 34 9.52.020.0300 Building, Principal. A building in which the principal use of the parcel on which it is located is conducted.

9.52.020.0310 Building Code. Any ordinance of the City governing the type and method of construction of buildings, signs, and sign structures and any amendments thereto and any substitute therefor, including, but not limited to, the California Building Code, the State Historic Building Code, other state-adopted uniform codes and the Minimum Building Security Standards Ordinance.

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

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

9.52.020.0340 Building Footprint. See Footprint.

9.52.020.0350 Building Height. See Height.

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

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

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

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

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

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Packet Pg. 598 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 35 guidelines (California Code of Regulations Section 15000 et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

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

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

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

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

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

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

9.52.020.0460 City. The City of Santa Monica.

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

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

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

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Packet Pg. 599 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 36 9.52.020.0500 City-Designated Historic Resource. Any existing property or structure that is designated by the City as a Landmark, Structure of Merit, or a Contributor to a Designated Historic District.

9.52.020.0510 City-Designated Landmark. An improvement designated by the City as appropriate for historic preservation pursuant to Section 9.56.120.

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

9.56.090.

9.52.020.0530 Commercial Boulevard. Commercial boulevards shall include the following:

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

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

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

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

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Packet Pg. 600 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 37 9.52.020.0565 County. County of Los Angeles.

9.52.020.0570 Courtyard. An unroofed area that is completely or mostly enclosed by walls of a building.

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

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

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

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

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

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

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

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Packet Pg. 601 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 38 9.52.020.0650 Development Agreement. An agreement between the City and any person having a legal or equitable interest in real property for the development of such property and which complies with the applicable provisions of the Government Code Section 65864 et seq., and local law for such development agreements pursuant to Chapter 9.60, Development Agreements.

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

9.52.020.0670 Disability. A mental disability or a physical disability as defined by Government Code Sections 12926(j) and (m). Physical or mental impairment that substantially limits one or more of a person’s major life activities or a record of having an impairment, but the term does not include current, illegal use of, or an addiction to, a controlled substance. Current users of illegal controlled substances, persons convicted with illegal manufacture or distribution of a controlled substance, sex offenders, and juvenile offenders are not considered disabled under the Fair Housing Act, by virtue of that status.

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

9.52.020.0690 District. See Zoning District.

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

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

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

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Packet Pg. 602 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 39 9.52.020.0730 Dwelling Unit. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with full cooking, sleeping and bathroom facilities for the exclusive use of a single household. A dwelling unit shall exceed 375 square feet in size.

9.52.020.0740 Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege, or interest which one party has in the land of another.

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

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

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

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

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

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

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

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

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Packet Pg. 603 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 40 9.52.020.0830 Façade, Street-Facing. Any building façade whose exterior wall faces or is within 45 degrees of parallel to an adjacent street, right-of-way, or public park, plaza, or open space.

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

9.52.020.0850 Fee. A payment to the City for the processing of a permit or license application by a City Agency or Department.

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

Fences may also be walls, hedges and screen planting.

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

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

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

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

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

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

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

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Packet Pg. 604 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 41 9.52.020.0940 Garage Sales. The sale or offering for sale to the general public of over 5 items of personal property on a portion of a parcel in a residentially zoned district, whether inside or outside any building.

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

9.52.020.0960 Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.

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

9.52.020.0980 Grade. The location of the ground surface.

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

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

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

9.52.020.1020 Segmented Average Natural Grade. See Division 1, Section

9.04.050(A)(2).

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

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

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

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

9.52.020.1070 Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or

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Packet Pg. 605 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 42 significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

9.52.020.1080 Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Division 1, Section 9.04.050, Measuring Height.

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

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

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

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

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

A. Residential units only;
B. Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses do not exceed 33% of the total

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Packet Pg. 606 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 43 building square footage and are limited to the first two floors of buildings that are two or more stories.

C. Transitional or supportive housing.

9.52.020.1130 Illegal Use. Any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.

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

9.52.020.1145 Interactive Process. A good faith dialogue to exchange information to identify, evaluate, and implement an accommodation or modification that allows person with a disability equal opportunity to use and enjoy a dwelling.

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

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

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

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

9.26, Landscaping.

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

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Packet Pg. 607 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 44 9.52.020.1190 Backflow Prevention Device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

9.52.020.1200 Groundcover. A low growing woody or herbaceous plant with low, compact growth habits which normally crawls or spreads, and which forms a solid mat or dense cover over the ground within 2 years of installation. Mature heights of groundcover will usually range from 3 inches to 3 feet.

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

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

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

See Section 9.26.060.

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

9.52.020.1250 Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial

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Packet Pg. 608 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 45 purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

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

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

9.52.020.1280 Foot-Candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. Equal to one lumen uniformly distributed over an area of one square foot.

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

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

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

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

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

9.52.020.1340 Loft. See Mezzanine.

9.52.020.1350 Lot. See Parcel.

9.52.020.1360 Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope,

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Packet Pg. 609 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 46 size or design of a structure to its previously existing, authorized, and undamaged condition.

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

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

9.52.020.1380 Mezzanine. An intermediate floor within a building interior without walls, partitions, closets, screens or other complete enclosing interior walls or partitions that is open to the floor below and has a floor area that is no greater than one-third of the total area of the overlooked room below. When the total floor area of a mezzanine exceeds one-third of the total area of the overlooked room below it constitutes an additional story and is no longer considered a mezzanine. Mezzanines shall be concealed within the building and shall not appear as an additional story on the exterior building façade.

See Story.

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

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

9.52.020.1410 Natural Disaster. See Act of Nature.

9.52.020.1420 Nonconforming Building. See Nonconforming Structure.

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

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Packet Pg. 610 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 47 9.52.020.1440 Nonconforming Use. An occupancy or activity that was established in compliance with the standards and requirements in effect at the time it commenced and has not been abandoned within the same structure or on the same parcel since that date but does not comply with all of the applicable provisions of this Article, including, but not limited to, permitted use, location, intensity, operational characteristics, performance standards or hours of operation. See Chapter 9.27, Nonconforming Uses and Structures.

9.52.020.1450 Open Space.

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

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

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

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

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

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Packet Pg. 611 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 48 9.52.020.1510 Overlay District. A zoning designation specifically delineated on the Districting Map establishing land use requirements that govern in addition to the standards set forth in the underlying base district.

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

9.52.020.1530 Parcel. A single unit of land separated from other units of land by legal description, the boundaries of which are shown on a parcel map or final map, described in a deed, or for which a certificate of compliance has been issued pursuant to the Subdivision Map Act. [Parcel shall also include 2 or more parcels where the owner(s) have recorded a covenant with the Office of the County Recorder that states the intention of the owner(s) to combine and use the parcels as a single unit of land in compliance with City regulations.]

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

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

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

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

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

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

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Packet Pg. 612 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 49 9.52.020.1600 Parcel Depth. The longest perpendicular length between a front and rear parcel line or an imaginary extension of a rear parcel line as necessary for non-rectilinear parcels.

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

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

9.52.020.1630 Parcel Line, Front. The parcel line separating a parcel from a street right-of-way. In the case of a corner parcel, the line separating the narrowest street frontage of the parcel from the street shall be considered the front. For corner parcels with equal street frontage dimensions, the front of the parcel is the street frontage that is consistent with the prevailing street frontage orientations along the block where the corner parcel is located. For parcels between a walk street and an alley, the front of the parcel is considered along the walk street. For through parcels between a walk street and a street with vehicular access, the front of the parcel is considered along the street with vehicular access.

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

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

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

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

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Packet Pg. 613 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 50 9.52.020.1670 Parking Facility. An area of a parcel, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

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

9.52.020.1690 Long-Term Parking. An area designed for employee or parking when a vehicle is not normally moved during the period of an employee’s work shift, as opposed to customer or visitor parking.

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

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

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

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

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

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

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Packet Pg. 614 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 51 9.52.020.1750 Car Share Parking. Parking spaces that are dedicated for a vehicle(s) provided by a certified car-share organization for the purpose of providing a car-share-service to occupants of a building or the general public.

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

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

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

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

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

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

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

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Packet Pg. 615 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 52 9.52.020.1830 Semi-Subterranean. A parking structure located partially underground.

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

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

9.52.020.1860 Paving. A type of material used over areas of a parcel such as driveways, parking spaces and areas, pathways, patios, and front setbacks used for access by vehicles and pedestrians.

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

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

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

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

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

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

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Packet Pg. 616 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 53 9.52.020.1930 Podium. A continuous raised platform supporting a building or a large block of 2 or 3 stories beneath a taller multi-story building block of smaller area.

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

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

9.52.020.1960 Primary Use. See Use, Primary.

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

9.52.020.1980 Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. This term includes, but is not limited to, any action that qualifies as a “project” as defined by the California Environmental Quality Act.

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

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

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

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

9.52.020.2030 Reasonable Accommodation. A type of discretionary permit that, if approved, would provide for a persons with a disability disabilities seeking equal access to housing under the California Fair Employment and Housing

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Packet Pg. 617 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 54 Act, the Unruh Civil Rights Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) in the application of building and zoning laws and other land use policies, procedures, laws, rules, and regulations.

9.52.020.2035 Reasonable Modification. An alteration or modification to a building or structure, at the applicant’s expense, that, if approved, would provide a person with a disability equal access to housing under the California Fair Employment and Housing Act, the Unruh Civil Rights Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA).

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

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

9.52.020.2060 Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use.

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

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

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

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

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

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

9.52.020.2130 Shed Roof. A roof with a single slope.

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Packet Pg. 618 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 55 9.52.020.2140 Roof Deck. A platform located on the flat portion of a roof or setback of a building that is used for outdoor space. It is distinct from a patio.

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

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

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

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

9.52.020.2190 Setback, Front. A space extending the full width of the parcel between any building and the front parcel line, and measured perpendicularly to the building at the closest point to the front parcel line.

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

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

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Packet Pg. 619 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 56 9.52.020.2220 Setback, Street Side. A space extending the full depth of the parcel between the principal building and the side parcel line adjacent to a public street right-of-way measured perpendicularly from the side parcel line to the closest point of the principal building. For nonrectilinear parcels, a space extending the full depth of the parcel between the principal building and the side parcel line(s) adjacent to a public street right-of-way measured using a series of measurements parallel to the front parcel line to determine varying parcel widths at any given locations on the parcel.

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

9.52.020.2240 Shrub. A plant with a compact growth habit and branches coming from the base of the plant. Mature heights of shrubs may vary from one foot to 15 feet depending on their species and landscape application.

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

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

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

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

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

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

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Packet Pg. 620 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 57 generation, or water heating, or any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

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

Applicants may elect to use the State Historic Building Code as an alternative to standard construction codes such as the City’s Building Code or Electrical Code.

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

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

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

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

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

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Packet Pg. 621 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 58 9.52.020.2370 Structure. Anything constructed or erected, which requires a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground.

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

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

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

9.52.020.2410 Structure, Temporary. A structure without any foundation or footings and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

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

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

9.52.020.2440 Temporary Structure. See Structure, Temporary.

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

9.52.020.2448 Tower. A building or structure with a height exceeding 90 feet. A tower may be constructed above a podium or at grade.

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

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

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Packet Pg. 622 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 59 9.52.020.2470 Unit. See Dwelling Unit.

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

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

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

9.52.020.2510 Use Classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential; public and semi-public; commercial; industrial; and transportation, communication, and utilities. See Chapter 9.51, Use Classifications.

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

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

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

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

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

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Packet Pg. 623 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 60 9.52.020.2560 View Corridor. An area where there is a view of all or a portion of a panoramic subject, scene, or area.

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

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

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

9.52.020.2600 Secondary Room Window. A glazed surface serving a bedroom, bathroom, kitchen, stairway, corridor, or storage area in a dwelling unit, or a non-primary window in a primary space.

9.52.020.2610 Yard. See Setback.

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

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

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Packet Pg. 624 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 1 DIVISION 6: LAND USE AND ZONING RELATED PROVISIONS
Chapter 9.54, Land Divisions
Chapter 9.55, Architectural Review
Chapter 9.64, Affordable Housing Production Program
Chapter 9.65, Childcare Linkage Program
Chapter 9.66, Transportation Impact Fee Program
Chapter 9.67, Parks and Recreation Development Impact Fee Program Chapter 9.68, Affordable Housing Commercial Linkage Fee Program

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Packet Pg. 625 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 2 CHAPTER 9.54 LAND DIVISIONS

9.54.140 Special Procedures for Projects Subject to Specific State Law Provisions
A, Purpose.

The purpose of this section is to provide special procedures for projects subject to approval in accordance with specific state law provisions.

B. Applicability.

1. Eligible Projects.
a. Projects seeking lot splits pursuant to Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential. b. Projects proposing 10 or fewer units and meeting the requirements of Government Code Section 66499.41.
c. Projects proposing to separately convey or sell a primary unit and an ADU or ADUs as condominiums that would result in four or fewer parcels, pursuant to Section 9.31.026, Accessory Dwelling Unit Condominiums, in accordance with the regulations set forth in Government Code Section 66342.

2. Except as modified by this section, all provisions of this Chapter remain applicable.

C. Approval Procedures.

The following procedures shall apply to eligible projects under paragraph (B)(1) above.

1. Subdivisions pursuant to Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential:
a. Projects are exempt from Planning Commission approval.

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Packet Pg. 626 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 3 b. The Director shall issue a Tentative Map approval if the proposed subdivision conforms precisely to appliable standards set forth in Section 9.31.125. c. The Director shall act within 50 days of receiving a complete application.
d. If the Director fails to act within 50 days of receiving a complete application, the proposed subdivision shall be deemed approved in so far as it complies with all applicable requirements of the Subdivision Map Act, this Chapter, and any other applicable City ordinances.

2. Subdivisions pursuant to Government Code Section 66499.41. a. Projects are exempt from Planning Commission approval. b. The Director shall issue a Tentative Map approval if the proposed subdivision conforms precisely to appliable standards set forth in Government Code Section 66499.41.
c. The Director shall approve or deny an application for a tentative map for a housing development project within 60 days from the date of receiving a complete application pursuant to Government Code 66499.41. d. If the Director does not approve or deny a completed application within 60 days, the application shall be deemed approved. e. If the Director denies the application, the Director shall, within 60 days from the date of receiving the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.

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Packet Pg. 627 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 4 3. Subdivisions Pursuant to Section 9.31.026, Accessory Dwelling Unit Condominiums that will result in four or fewer parcels:
a. Projects are exempt from Planning Commission approval. b. The Director shall, within the timeframes set forth in this Chapter, deny a Tentative Map if the Director makes any of the findings set forth in

9.54.070(D).
c. If no action is taken by the Director within the required time limit, as specified in the Subdivision Map Act, the Tentative Map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the Subdivision Map Act, this Chapter or other City ordinances.

D. Term.

Notwithstanding anything to the contrary in this Chapter, Tentative Map approvals subject to this Section shall remain effective for 3 years.

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Packet Pg. 628 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 5 CHAPTER 9.55 ARCHITECTURAL REVIEW

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

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

C. Preliminary drawings of the design of a proposed project shall be submitted to the Community Development Department for informal review so that an applicant may be informed of Architectural Review Board policies prior to preparing for plan check submittal.

D. Plans or proposals that require a design review approval by the Architectural Review Board shall be considered at a noticed public hearing in accordance with the

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Packet Pg. 629 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 6 procedures set forth in this Chapter. At the conclusion of a public hearing, or continued public hearing, the Architectural Review Board shall issue a determination on an application. The Architectural Review Board shall be authorized to approve, conditionally approve, or disapprove exterior elevations, landscaping, and general appearance and to impose such conditions as it believes reasonable and necessary. The Architectural Review Board shall transmit its determination to the applicable Review Authority in writing, including the reasons for the determination, and the findings related to the criteria for the determination in Section 9.55.140.

E. The Architectural Review Board shall make a determination in accordance with paragraph (D) at the conclusion of no more than three noticed public hearings or continued public hearings, provided that the number of the hearings and the timing for the determination shall be subject to all applicable law, including, but not limited to Government Code section 65905.5.

FE. For projects that require an Administrative Approval:

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

2. Notwithstanding subsection 1, above, the Architectural Review Board’s design review approval shall occur after the Director’s determination on the Administrative Approval if the project has met the following:
a. At least one Architectural Review Board design review approval hearing has occurred;
b. The applicant has submitted revised plans in response to the Architectural Review Board’s design review comments; and

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Packet Pg. 630 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 7 c. The project conforms precisely to all applicable development standards and the Administrative Approval determination by the Director is ready to be issued.

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

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

9.55.140 Criteria.

A. The Architectural Review Board may approve, approve with conditions, or disapprove an application submitted to it pursuant to Section 9.55.120 after consideration of whether the project complies with the following criteria:

1. The plan for the proposed project is expressive of good taste, good design, and in general contributes to the image of Santa Monica as a place of beauty, creativity, and individuality;

2. The proposed project is not of inferior quality such as to cause the nature of the local neighborhood or environment to materially depreciate in appearance and value;

3. The proposed design of the project is compatible with developments on land in the general area; and

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Packet Pg. 631 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 8 4. The proposed project is in conformity with the effective guidelines and standards adopted pursuant to this Chapter and all other applicable ordinances relating to the location and appearance of the project involved.

B. If the Architectural Review Board finds that the project complies with the criteria in subsection (A) above, the Architectural Review Board shall approve the application. The Architectural Review Board may impose conditions when the proposed project does not comply with the above criteria and any such conditions are limited to those that will bring the proposed project into conformity therewith. If an application is disapproved, the Architectural Review Board shall detail in its findings, as applicable, the criteria with which the project does not comply or the guidelines that are violated. Any action taken by the Architectural Review Board in regard to a proposed project shall be in writing and include findings, signed by the Chairperson, and a copy thereof shall be provided to the applicant by email utilizing the email address provided on the application, in person, or by United States mail, upon request.

C. In no case shall the Architectural Review Board impose conditions that reduce residential density or have the effect of denying a housing project as those terms are defined in Government Code Section 65589.5.

D. A decision or order of the Architectural Review Board shall not become final until 10 days after the date upon which a ruling has been made, unless an appeal is filed pursuant to Section 9.55.160.

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Packet Pg. 632 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 9 CHAPTER 9.64 AFFORDABLE HOUSING PRODUCTION PROGRAM

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

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

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

9.64.050;

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

9.64.060;

3. For projects of five units or less, pay an affordable housing fee in accordance with Section 9.64.070(A) or provide affordable housing unit(s) on-site in accordance with Section 9.64.050; or

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

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

9.64.050 On-Site Option
Except as provided in Chapter 9.34, Residential Unit Replacement Requirements, tThe following requirements must be met to satisfy the on-site provisions of this Chapter:

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

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Packet Pg. 633 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 10 units shall provide 15% of total units as affordable to no more than 80% income households.

1. Projects of 5 units or less that has not elected to pay an affordable housing fee;

2. Projects of 6-19 units.

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

Table 9.64.050(C)
# of Affordable Units in the Project 50% AMI 80% AMI
Moderate
Income
3 1 1 1
4 2 1 1
5 2 2 1
6 2 2 2
7 3 2 2
8 3 3 2
9 3 3 3
10 4 3 3

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Packet Pg. 634 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 11 Table 9.64.050(C)
# of Affordable Units in the Project 50% AMI 80% AMI
Moderate
Income
11 4 4 3
12 4 4 4
13 5 4 4
14 5 5 4
15 5 5 5
16 6 5 5
17 6 6 5
18 6 6 6
19 7 6 6
20 7 7 6
21 7 7 7
Additional affordable housing unit Allocate 1st Allocate 2nd
Allocate 3rd
C. Fractions. Any fractional affordable housing unit that results from the formulas of this Section that is 0.5 or more shall be treated as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer) and that unit shall also be built pursuant to the provisions of this Section. Any fractional affordable housing unit that is less than 0.5 can be satisfied by the payment of an affordable housing fee for that fractional unit only pursuant to Section 9.64.070(B).

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Packet Pg. 635 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 12 D. Income and Rent Limits. The City shall make available a list of income levels for 30% income households, 50% income households, 80% income households, and moderate income households, adjusted for household size, the corresponding maximum affordable rents adjusted by household size appropriate for the unit, and the minimum number of units required for 30% income households, 50% income households, or 80% income households required for typical sizes of multiple-unit projects, which list shall be updated periodically.

E. Affordable Housing Unit Requirements.

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

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

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

4. The design of the affordable housing units shall be reasonably consistent with the market units in the projects. An affordable housing unit shall have a minimum total floor area, depending upon the number of bedrooms provided, of no less than the following:

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Packet Pg. 636 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 13 0 bedrooms 500 square feet
1 bedroom 600 square feet
2 bedrooms 850 square feet
3 bedrooms 1,020 square feet
4 bedrooms 1,200 square feet

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

6. Affordable housing units shall not be isolated to a specific floor or to an area on a specific floor in accordance with Health and Safety Code Section 17929(a)(2). Units must be evenly disbursed dispersed throughout the multiple-unit project. to prevent undue concentrations of affordable housing units.

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

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

H. Each multiple-unit project applicant, or their successor, shall submit an annual report to the City identifying which units are affordable units, the monthly rent (or total

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Packet Pg. 637 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 14 housing cost if an ownership unit), vacancy information for each affordable unit for the prior year, verification of income of the household occupying each affordable unit throughout the prior year, and such other information as may be required by City staff.

I. A multiple-unit project applicant who meets the requirements of this Section shall be entitled to the density bonuses, incentives or concessions, and waivers or reductions of development standards provided by Chapter 9.22, or any successor thereto.

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

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

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

A. Multiple-unit projects of five units or less based on the following formula:
(Affordable housing unit base fee) x (floor area of multiple-unit project) B. Multiple-unit projects of six units or more with fractional affordable housing units of less than 0.5 based on the formula established in Section 9.64.050 and 9.64.060:
(City’s affordable housing unit development cost) x (fractional percentage)

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Packet Pg. 638 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 15 C. For purposes of this Section, the affordable housing unit base fee shall be established by resolution of the City Council. Commencing on July 1, 2006 and on July 1st of each fiscal year thereafter, the affordable housing unit base fee shall be adjusted based on changes in construction costs and land costs. The amount of the affordable housing fee that the multiple-unit project applicant must pay shall be based on the affordable housing unit base fee resolution in effect at the time that the affordable housing fee is paid to the City, except that the affordable housing fee for projects that have vested rights under State or local law shall be determined in accordance with those vested rights.

D. For purposes of this Section, the City’s affordable housing unit development cost shall be established by resolution of the City Council. Commencing on July 1, 2007 and on July 1st of each fiscal year thereafter, the City’s affordable housing unit development cost shall be adjusted based on changes in construction costs and land costs. The affordable housing fee that the multiple-unit project applicant must pay shall be based on the affordable housing unit development cost resolution in effect at the time of payment to the City, except that the affordable housing fee for projects that have vested rights under State or local law shall be determined in accordance with those vested rights.

E. The amount of the affordable housing unit base fee may vary by product type (apartment or condominium) and shall reflect, among other factors, the relationship between new market rate multiple-unit development and the need for affordable housing.

F. The affordable housing fee shall be paid in full upon issuance of certificate of occupancy or final inspection, whichever occurs last. The affordable housing fee shall be paid in full to the City prior to the City granting any approval for the occupancy of the project, but no earlier than the time of building permit issuance.

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Packet Pg. 639 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 16 G. The City shall deposit any payment made pursuant to this Section in a reserve account separate from the General Fund to be used only for development of affordable housing, administrative costs related to the production of this housing, and monitoring and evaluation of this affordable housing production program. Any monies collected and interest accrued pursuant to this Chapter shall be committed within five years after the payment of such fees or the approval of the multiple-unit project, whichever occurs later.

Funds that have not been appropriated within this five-year period shall be refunded on a pro rata share to those multiple-unit project applicants who have paid fees during the period. Expenditures and commitments of funds shall be reported to the City Council annually as part of the City budget process.

H. An affordable housing fee payment pursuant to this Section shall not be considered provision of affordable housing units for purposes of determining whether the multipleunit project qualifies for a density bonus pursuant to Government Code Section 65915.

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Packet Pg. 640 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 17 CHAPTER 9.65 CHILD CARE LINKAGE PROGRAM

9.65.040. Child Care Requirement.

For any project defined herein, the developer shall pay a child care linkage fee or participate in the construction or establishment of child care facilities in accordance with the following:

A. Child Care Linkage Fee. Fees shall be computed as follows:

1. For residential development projects that result in the addition of a dwelling unit: one hundred eleven dollars per dwelling unit.

2. All office, retail and hotel projects shall pay the following based on the gross square footage of the proposed project:
a. Office: $5.27 per square foot.
b. Retail: $3.77 per square foot.
c. Hotel: $2.64 per square foot.

3. For mixed residential/nonresidential development, the sum of the fee required for each component as set forth above in paragraphs (1) and (2) of this subsection.

B. Timing of Fee Payment.

1. Fees shall be imposed at the time of approval of any discretionary permit for a development project subject to this Chapter or, if the fees cannot be lawfully imposed as a condition of discretionary project approval, at the time of any other subsequent permit required for the development to proceed, including but not limited to building permits. The project applicant shall pay fees according to the schedule of fees in place on the date the fees are paid, except that the project applicant for a project that has vested rights under

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Packet Pg. 641 Attachment: CDD-Ord-6th Cycle HE Phase 2 092424 [Revision 2] (6371 : Housing Element Phase 2 Implementation) 18 State or local law shall pay the applicable fees in accordance with those vested rights .except that the applicant for a vesting tentative map for a development project shall pay the fees in effect on the date the application for the vesting tentative map is deemed complete.

2. The Child Care Linkage fee shall be paid in full upon issuance of certificate of occupancy or final inspection, whichever occurs last. No building permit for any development project shall be issued unless a contract to pay the fees has been executed with the Planning and Community Development Department, and no final inspection shall be approved unless fees have been paid. For development projects subject to this Chapter, child care linkage fees shall be paid on the date final inspection approval is received and prior to certificate of occupancy. If a residential development project contains more than one dwelling unit and is approved for development in phases, the developer shall pay the fees in installments based on the phasing of the residential development project. Each fee installment shall be paid at the time when the first dwelling unit within each phase of development has received its final inspection.

3. For all projects subject to this Chapter, the City may require the payment of fees at an earlier time if the fees will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule or plan prior to final inspection, or the fees are to reimburse the City for expenditures previously made.

C. Facilities In Lieu of Fees. The developer of a residential or nonresidential project may satisfy the requirement for the payment of fees by agreeing to participate in the construction or establishment of one or more child care facilities. Such participation shall