Santa Monica City Council
September 24, 2024

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

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:

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

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.

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.

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

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.

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.

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

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.

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;

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.

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).

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

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).

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:

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

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

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.

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.

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:

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.

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.

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).

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.

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

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

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:

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

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:

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

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.

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.

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

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

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

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.

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.

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

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

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

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

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.

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).

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

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.

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.

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.

1 DIVISION 4: ADMINISTRATION AND PERMITS
Chapter 9.39, Administrative Approval
Chapter 9.49, Reasonable Accommodations

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

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;

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.

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

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

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.

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

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.

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.

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.

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).

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

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.

1 DIVISION 5 GENERAL TERMS
Chapter 9.51, Use Classifications
Chapter 9.52, Terms and Definitions

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

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.

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

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.

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

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

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.

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

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

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

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.

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

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.

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.

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

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

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.

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

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.

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.

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.

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.

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.

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.

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

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

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.

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

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,

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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

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.

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.

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.

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.

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

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.

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.

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.

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

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

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

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.

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

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

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).

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:

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

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)

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.

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.

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

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

19 be secured generally as follows:

1. Type and Cost of Participation. A developer seeking to satisfy the child care requirements of this Chapter through participation in the construction or establishment of new child care facilities shall submit documentation acceptable to the Director of Planning and Community Development to support the request for participation in lieu of fees. The documentation shall establish that the type and cost of participation including, but not limited to, construction, rehabilitation of existing structures conforming to license and zoning requirements, or land or premises dedication, bears a reasonable relationship to the fee otherwise required in subsection (A). Construction Cost Indexes, prevailing wage rates, and the best available index of costs of equipment and supplies shall be utilized to determine the level of participation relative to the required fee. In the case of land or premises dedication, the market value of land or premises dedicated shall be reasonably related to the fee otherwise required in subsection (A). If the actual construction cost or market value is greater than the required relevant fees, the City shall have no obligation to pay the excess amount.

2. Approval of Participation. The Director of Planning and Community Development, after consultation with the Director of the Community and Cultural Services Department, shall determine and approve the type and cost of participation in the construction or establishment of facilities.

3. Verification of Participation. The Director of Planning and Community Development shall require that the developer submit a written verification of participation in meeting these requirements. Said verification shall consist of documentation sufficient to enable the Director to readily determine compliance with the provisions of this Chapter.

20 Upon receipt of documentation sufficient to demonstrate compliance, the Director shall issue a notice that the developer has complied with the requirements of this Chapter.

4. The Director’s determination of the type and cost of participation in the construction or establishment of child care facilities pursuant to this Section may be appealed to the City Council if such appeal is filed within fourteen consecutive calendar days from the date that the decision is made in the manner provided in Section 9.37.130.

21 CHAPTER 9.66 TRANSPORTATION IMPACT FEE PROGRAM
Section 9.66.040 Transportation Mitigation Requirement
Except as provided in Section 9.66.050, the developer of a project shall pay a transportation impact fee in accordance with the following:

A. Transportation Impact Fee. Fees shall be computed as follows:

1. For single-unit-family residential development projects that result in the addition of a dwelling unit:
a. Seven thousand six hundred dollars per multi-unit-family dwelling unit in Area 1.
b. Seven thousand eight hundred dollars per multi-unit-family dwelling unit in Area 2.

2. For multi-unit-family residential development projects that result in the addition of a dwelling unit:
a. Two thousand six hundred dollars per multi-unit-family dwelling unit in Area

1. b. Three thousand three hundred dollars per multi-unit-family dwelling unit in Area 2.
c. Two thousand six hundred dollars per multi-unit-family dwelling unit in Area 3 overlay for housing development projects that satisfy the requirements of subsection (A)(6)(a), (b), and (c) of this Section.

3. All nonresidential projects shall pay the following based on the square footage of the proposed project:

22 a. Retail.
i. Twenty-one dollars per square foot in Area 1.
ii. Thirty dollars and ten cents per square foot in Area 2. b. Office.
i. Nine dollars and seventy cents per square foot in Area 1. ii. Ten dollars and eighty cents per square foot in Area 2. c. Medical Office.
i. Twenty-eight dollars and ten cents per square foot in Area 1. ii. Twenty-nine dollars and eighty cents per square foot in Area

2. d. Hospital.
i. Not applicable.
ii. Fourteen dollars and seventy cents per square foot in Area 2. e. Lodging.
i. Three dollars and sixty cents per square foot in Area 1. ii. Three dollars and sixty cents per square foot in Area 2. f. Industrial.
i. One dollar and twenty cents per square foot in Area 1. ii. One dollar and thirty cents per square foot in Area 2. g. Auto Sales and Display Areas.
i. One dollar and twenty cents per square foot in Area 1. ii. One dollar and thirty cents per square foot in Area 2.

23 4. The land use categories identified in subsections (3)(a) through (g) shall have the following meanings:
a. Single-unit-family residential shall include single-unit-family dwelling. b. Multi-unit-family residential shall include congregate care— nonsenior, congregate care—seniors, and multiple-unit dwelling multi-family. c. Retail shall include: animal kennels and veterinary hospitals, auto repair, car wash, community meeting facilities, community centers and nonresidential adult care facilities, retail and wholesale construction- related materials, nurseries and garden centers, entertainment and recreational facilities, gas station, library, museums, aquariums and art galleries, nightclubs and bars, personal services, post-secondary educational facility, pre-school/child day care, private studio, restaurants—fast food and cafés, restaurants—sit down, retail durable goods, retail food and markets, retail mixed, and retail nonfood. d. Office shall include: creative office, financial institutions and office, and general office.
e. Medical office shall include: medical office, including medical clinics, and offices for medical professionals.
f. Hospital shall include: full service hospitals.
g. Lodging shall include: hotels, motels and other overnight accommodations.
h. Industrial shall include: surface or structured auto inventory storage, City maintenance facilities and bus yards, heavy industrial and manufacturing, light industrial, utilities, warehouse and self-storage, and wholesale distribution and

24 shipping.

5. For mixed residential/nonresidential development, the sum of the fee required for each component as set forth in subsections (A)(2) and (A)(3) of this Section.

6. Housing development projects within the Area 3 overlay that meet the following characteristics shall pay a transportation impact fee of two thousand six hundred dollars per multi-unit-family dwelling unit:
a. The housing development is located within one-half mile of a transit station and there is direct access between the housing development and the transit station along a barrier-free walkable pathway not exceeding one-half mile in length; and
b. Convenience retail uses, including a store that sells food, are located within one-half mile of the housing development; and
c. The housing development provides either the minimum number of parking spaces required by the municipal code, or no more than one on- site parking space for zero- to two-bedroom units, and two on-site parking spaces for three or more bedroom units, whichever is less.

7. The amount of legally permitted square footage to be demolished in an existing building or structure, or to be removed from an outdoor area used as part of a service station or for auto dealer sales, display and inventory storage, as a part of a project shall be a credit in the calculation of the transportation impact fee. Outdoor area used as part of a gas station shall not include setbacks, landscaping, parking and other paved areas used solely for access and circulation.

25 B. Timing of Fee Payment.

1. 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 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, as automatically adjusted.

2. The Transportation Impact Fee shall be paid in full upon issuance of a certificate of occupancy or final inspection, whichever occurs last. No building permit for any project shall be issued unless the fees have been paid or, if state law requires the City to accept later fee payment, a contract to pay the fees has been executed with the City, in which case no final inspection shall be approved until the fees have been paid. 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 a proposed construction schedule or plan prior to final inspection, or the fees are to reimburse the City for expenditures previously made.

26 CHAPTER 9.67 PARKS AND RECREATION DEVELOPMENT IMPACT FEE

PROGRAM

9.67.040. Parks and Recreation Mitigation Requirement.

Except as provided in Section 9.67.050, the developer of a Project shall pay a Parks and Recreation Development Impact Fee in accordance with the following:

A. Parks and Recreation Development Impact Fee. Fees shall be computed as follows:

1. For Single-Unit Family residential development projects that result in the addition of a dwelling unit:
a. $7,636 per single-unit family dwelling unit.

2. For Multi-Unit-Family residential development projects that result in the addition of a dwelling unit:
a. $4,138 per studio/one-bedroom multi-unit-family dwelling unit. b. $6,665 per multi-unit-family dwelling unit with two or more bedrooms.

3. All nonresidential projects shall pay the following based on the gross square footage of the proposed project:
a. Office: $2.31 per square foot.
b. Medical Office: $1.27 per square foot.
c. Retail: $1.49 per square foot.
d. Lodging: $3.11 per square foot.
e. Industrial: $1.30 per square foot.

4. The land use categories identified in paragraphs (1)—(3), above, shall have the following meanings:

27 a. Single-Unit Family Residential shall include Single-Unit Dwelling Family.
b. Multi-Unit-Family Residential shall include: congregate care—non senior, congregate care—seniors, and multiple-unit dwelling multi-family. c. Office shall include: creative office, financial institutions and office, and general office.
d. Medical office shall include: full service hospitals and medical offices, including medical clinics, and offices for medical professionals. e. Retail shall include: animal kennels and veterinary hospitals, auto repair, car wash, nonresidential adult care facilities, retail and wholesale construction-related materials, nurseries and garden centers, entertainment and recreational facilities, gas stations, and art galleries, nightclubs and bars, Personal services, Post-secondary educational facility, private studio, restaurants—fast food and cafes, restaurants—sit down, retail durable goods, retail food and markets, retail mixed, and retail nonfood.
f. Lodging shall include: hotels, motels and other overnight accommodations.
g. Industrial shall include: surface or structured auto inventory storage, heavy industrial and manufacturing, light industrial, utilities, warehouse and selfstorage, and wholesale distribution and shipping.

5. For mixed residential/nonresidential development, the sum of the fee required for each component as set forth above in paragraphs (A)(2) and (A)(3) of this subsection.

28 6. The amount of legally permitted square footage to be demolished in an existing building or structure as a part of a Project shall be a credit in the calculation of the Parks and Recreation Development Impact Fee.

B. Timing of Fee Payment.

1. The project 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 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, as automatically adjusted.

2. The Parks and Recreation Development Impact Fee shall be paid in full upon issuance of a certificate of occupancy or final inspection, whichever occurs last. No building permit for any Project shall be issued unless the fees have been paid, except for residential uses where state law requires payment before final inspection or the issuance of certificate of occupancy, whichever comes first. If state law applies, a contract to pay the fees shall be executed with the City, in which case, no final inspection shall be approved until the fees have been paid. 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

29 which an account has been established and funds appropriated and for which the City has a proposed construction schedule or plan prior to final inspection, or the fees are to reimburse the City for expenditures previously made.

30 CHAPTER 9.68 AFFORDABLE HOUSING COMMERCIAL LINKAGE FEE

PROGRAM

9.68.040. Affordable Housing Mitigation Requirement.

Except as provided in Section 9.68.050, the developer of a Project shall pay an affordable housing commercial linkage fee in accordance with the following:

A. Affordable Housing Commercial Linkage Fee. Fees shall be computed as follows:

1. All nonresidential portions of a Project shall pay the following based on the gross square footage of each use included in the proposed Project:
a. Retail: $9.75 square foot.
b. Office: $11.21 per square foot.
c. Hotel/Lodging: $3.07 per square foot.
d. Hospital: $6.15 per square foot.
e. Industrial: $7.53 per square foot.
f. Institutional: $10.23 per square foot.
g. Creative Office: $9.59 per square foot.
h. Medical Office: $6.89 per square foot.

2. The land use categories identified in paragraphs (a)—(h) above shall have the following meanings:
a. Retail shall include: animal kennels and veterinary hospitals, auto repair, car wash, retail and wholesale construction-related materials, nurseries and garden centers, entertainment and recreational facilities, gas stations, art galleries, nightclubs and bars, Personal services, Post-secondary educational facility,

31 private studio, restaurants—fast food and cafes, restaurants—sit down, retail durable goods, retail food and markets, retail mixed, and retail nonfood. b. Office shall include: financial institutions and office, and general office.
c. Hotel/Lodging shall include: hotels, motels and other overnight accommodations.
d. Hospital shall include: full service hospitals.
e. Industrial shall include: surface or structured auto inventory storage, City maintenance facilities and bus yards, heavy industrial and manufacturing, light industrial, utilities, warehouse and self-storage, and wholesale distribution and shipping.
f. Institutional shall include: educational and cultural facilities. g. Creative Office shall include: offices, production spaces and work spaces of establishments that are in the business of the development of creative property, including but not limited to, advertising, architectural services, broadcasting, communications, computer software design, entertainment, engineering, graphic design, interior design, internet content, landscape design, and similar uses.
h. Medical Office shall include: Medical office, including medical clinics, and offices for medical professionals.

3. The amount of legally permitted nonresidential square footage to be demolished in an existing building or structure, or to be removed from an outdoor area used as part of a service station or for auto dealer sales, display and inventory storage,

32 as a part of a Project shall be a credit in the calculation of the Affordable Housing Commercial Linkage Fee. Outdoor area used as part of a gas station shall not include setbacks, landscaping, parking and other paved areas used solely for access and circulation. Credit shall be applied on a per square foot basis according to per square foot fee assigned to the type of commercial use that existed on the site prior to the new Project application submittal.

B. Timing of Fee Payment.

1. The project 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 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, as automatically adjusted.

2. The Affordable Housing Commercial Linkage Fee shall be paid in full upon issuance of a certificate of occupancy or final inspection, whichever occurs last. No building permit for any Project shall be issued unless the fees have been paid.