Agenda packet, second session — Santa Monica City Council, October 8, 2024 (part 3 of 6)

5.H.a
Packet Pg. 401 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 63 9.11.030 Development Standards
Table 9.11.030.A, Development Standards for All Projects, Except Housing Projects, prescribes the development standards for all projects, except housing projects, as defined by Section 9.52.020.1125, in Mixed-Use and Commercial Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq.
ft.) 7,500 7,500 7,500 7,500 5,000 5,000 5,000
See (F),
Consolidation of
Parcels
Minimum Parcel Width (ft.) 50 50 50 50 50 50 50
Minimum Parcel Depth (ft.) 150 150 150 150 100 100 100
Maximum FAR Section 9.04.080,
Determining FAR
Tier 1 — Base Standard 1.25 1.25 1.0 1.25 1.25 0.75 0.75 Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP

1.5 1.5 1.25 1.5 1.5 1.0 1.0
Chapter 9.64,
Affordable Housing
Production Program
Tier 2 — With Provision
of Community Benefits 1.75 2.25 1.5

1.75 (2.0 if
on-site
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
Tier 1 — Base Standard 2/32′ 2/32′ 2/32′ 2/32′ 2/32′ 2/27′ 2/32′ Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP
3/36′
3/39′ if
100%
residential
above
ground
floor, 3/35′
for all
other
projects
NA 3/36′ 2/32′ 2/27′ 2/32′
Chapter 9.64,
Affordable Housing
Production Program

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5.H.a
Packet Pg. 402 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 64 TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Tier 2 —With Provision of
Community Benefits 3/36′ 3/45′ 2/35′
3/32′
(3/36′ if
on-site
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Tier 2 —
With Provision of
Community Benefits and
100% Residential Above
the Ground Floor
No limit to
stories/36′
No limit to
stories/50′
No limit to
stories/35′
No limit to
stories/32′
(36′ if onsite
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Minimum Ground Floor
Height (ft.) 11′ 11′ 11′ 11′ 11′ 11′ 11′
Maximum Building Footprint (sq. ft.)
Tier 1 25,000 25,000 25,000 15,000 10,000 10,000 10,000 Tier 2 — With Provision
of Community Benefits 35,000 35,000 35,000 20,000 15,000 15,000 15,000 Chapter 9.23, Community Benefits Minimum Setbacks (ft.)
Interior Side and Rear—
Adjacent to Residential
District
10 10 10 10 10 10
See (E) 10
Section 9.21.110,
Projections from
Buildings into
Minimum Setbacks
and Daylight Plane
Parking See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards Active Commercial Design See (A) See (A) See (A) See (A) See (A) See (A) See (A) Pedestrian Oriented Design See (B) See (B) See (B) See (B) See (B) See (B) See (B) Build-To Line,
Nonresidential Uses See (C) See (C) See (C) See (C) See (C) See (C) See (C) Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing Façades 5′ average 5′ average 5′ average 5′ average 5′ average 5′ average 5′ average
Daylight Plane Adjacent to
Residential District—Interior
Side and Rear
See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060, Height Projections
Standards for Residential Uses
Minimum Outdoor Living
Area (sq. ft./unit)—Sites
with 3 or More Units
(including private and
common)
100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
Minimum Amount
Provided as Private
Outdoor Living Area (sq.
ft./unit)
60 60 60 60 60 60 60 Section 9.21.090,
Outdoor Living Area
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures

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5.H.a
Packet Pg. 403 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 65 TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Automobile/ Vehicle Sales,
Leasing, and Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping and Street
Trees Subsection 9.11.030(F), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling
Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling
Projects Located on
Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and
Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height
Limits
Section 9.21.060, Height Projections
Projections into Required
Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane Refuse and Recycling
Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Table 9.11.030.B, Development Standards For Housing Projects, prescribes the development standards for housing projects, as defined by Section 9.52.020.1125, in Mixed-Use and Commercial Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

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5.H.a
Packet Pg. 404 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 66 TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — MIXED- USE AND COMMERCIAL DISTRICTS Standard
MUBL
(N. of
I-10)
MUBL
(Pico
Blvd)
MUBL
(Lincoln Blvd
& Main St)
MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
Blvd)
GC
(Pico
Blvd)
NC
NC
(Main St, Ocean
Park Blvd, &
Montana Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum Parcel
Size (sq. ft.) 7,500 7,500 7,500 7,500 7,500 7,500 7,500 5,000 5,000 See (F), Consolidation of Parcels Minimum Parcel
Width (ft.) 50 50 50 50 50 50 50 50 50
Minimum Parcel
Depth (ft.) 150 150 150 150 150 150 150 100 100
Maximum FAR Section 9.04.080,
Determining FAR
Housing
Projects 3.25

2.0 (2.5 west
of
Lincoln
Blvd)

2.5 3.25 3.25 2.5 2.0 2.25 2.5
100%
Affordable
Housing
Projects

3.75 2.5
(3.0 west
of
Lincoln
Blvd)

3.0 3.75 3.75 3.0 2.5 2.75 3.0
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050,
Measuring Height
Housing
Projects 70’
45’
(55’
west of
Lincoln
Blvd)
55’ 70’ 70’ 55’ 45’ 50’ 55’
100%
Affordable
Housing
Projects
80’
55’
(65’
west of
Lincoln
Blvd)
65’ 80’ 80’ 65’ 55’ 60’ 65’
Minimum
Ground Floor
Height (ft.)
11’ 11’ 11’ 11’ 11’ 11’ 11’ 11’ 11’
Maximum Building Footprint (sq. ft.)
Housing
Projects 35,000 35,000 35,000 35,000 35,000 20,000 20,000 15,000 15,000 Minimum Setbacks (ft.)
Interior Side
and Rear —
Adjacent to
Residential
District
10 10 10 10 10 10 10 10 10
See (E)
Section 9.21.110,
Projections from
Buildings into
Minimum Setbacks and
Daylight Plane
Active
Commercial
Design
See (A) See (A) See (A) See (A) See (A) See (A) See (A) See (A) See (A) Pedestrian
Oriented Design See (B) See (B) See (B) See (B) See (B) See (B) See (B) See (B) See (B) Build-To Line,
Nonresidential
Uses
See (C) See (C) See (C) See (C) See (C) See (C) See (C) See (C) See (C)

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5.H.a
Packet Pg. 405 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 67 Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing
Façades 5′ average 5′ average 5′ average 5′ average 5′ average 5′ average 5’
average
5′
average 5′ average
Daylight Plane
Adjacent to
Residential
District—Interior
Side and Rear
See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060, Height Projections
Standards for Residential Uses
Minimum
Outdoor Living
Area (sq.
ft./unit)—Sites
with 3 or More
Units (including
private and
common)
100 100 100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
Minimum
Amount
Provided as
Private
Outdoor
Living Area
(sq. ft./unit)
60 60 60 60 60 60 60 60 60 Section 9.21.090,
Outdoor Living Area
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production Program Chapter 9.64, Affordable Housing Production Program Automobile/ Vehicle Sales, Leasing, and
Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping and Street Trees Subsection 9.11.030(F), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects Located
on Community Assembly Surface Parking
Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane Refuse and Recycling Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems

Page 72 of 289 ends

5.H.a
Packet Pg. 406 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 68 A. Active Ground Floor Use and Design.

1. Active Use Requirement. Except as exempted in subsection A(3), below, the ground-floor street frontage of buildings on defined Commercial Boulevards, within LUCE-designated Activity Centers, and within Neighborhood Commercial Districts on Main Street and Montana Avenue shall be required to have active use areas that accommodate commercial uses, subject to the following:
a. Active use areas are required to have a minimum average depth of 40 feet, but no less than 25 feet, for a minimum of 60% of the ground-floor frontage, to the maximum extent feasible.
b. Within LUCE-designated Activity Centers and Neighborhood Commercial Districts on Main Street and Montana Avenue, uses within these active use areas shall be limited to the following:
i. Cultural facilities;
ii. Food and beverage sales;
iii. Eating and drinking establishments;
iv. Grooming and pet stores;
v. Banks and credit unions;
vi. Business services;
vii. Commercial entertainment, recreation, and instructional services; viii.General personal services and personal physical training; ix. General retail sales; and
x. Childcare facilities.

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5.H.a
Packet Pg. 407 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 69 c. In other commercial districts not identified in subsection (A)(1)(b), above, the following uses are prohibited within these active use areas:
i. Offices, with the following exceptions:
(1) Creative offices or offices with walk-in clientele, and (2) Offices within a structure that was designed, approved, and continuously used with office at the ground level, facing the street.

2. Active Commercial Design. Where an active use is required for new buildings, the ground-floor street frontage shall be designed to accommodate commercial uses and activities, subject to the following:
a. Street Facing Facades. A minimum of 50% of each street facing façade shall be transparent and include windows, doors, and other openings between 2.5 and 8 feet above finished grade. Openings fulfilling this requirement shall have transparent glazing or openings that provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displaying merchandise or other items other than signs that are at least 3 feet deep.

This requirement may be modified by the Architectural Review Board if it can be demonstrated that the fulfillment of this requirement materially interferes with the project’s ability to meet the requirements of Municipal Code Chapter 8.36 – Energy Code.

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5.H.a
Packet Pg. 408 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 70 FIGURE 9.11.030.A: STREET-FACING FAÇADES
b. A minimum of one pedestrian entrance facing the Commercial Boulevard.

3. Exemptions for Certain Housing Projects.
a. 100% Affordable Housing Projects. 100% Affordable Housing Projects are exempt from the provision of subsection A, except that 100% Affordable Housing Projects within the Neighborhood Commercial Districts on Main Street and Montana Avenue shall be subject to subsections (A)(1) (a) and (b).
b. All Other Housing Projects. Except as provided below, Housing Projects on defined Commercial Boulevards are exempt from the provisions of subsection (A).
i. Housing Projects located within the Neighborhood Commercial Districts on Pico Boulevard and Ocean Park Boulevard are subject to subsection (A)(1)(a).
ii. Housing Projects on defined Commercial Boulevards shall be subject to the limitation on office use set forth in subsection (A)(1)(c).

B. Pedestrian-Oriented Design.

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

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Packet Pg. 409 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 71 2. New development shall incorporate the following design elements at the ground floor level:
a. Street-Facing Facades.
i. Articulated façades at the ground floor street frontage, which may include, but not necessarily require, such measures as indentation in plane, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building frame and projecting elements such as awnings and marquees to provide shade and shelter;
ii. Exterior lighting which provides for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination which avoids off-site glare.
b. Ground-Floor Street Frontages Along Commercial Boulevards. The finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk. c. Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the Commercial Boulevard, the finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.

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

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5.H.a
Packet Pg. 410 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 72 such as awnings, drinking fountains, paseos, arcades, colonnades, plazas, noncommercial community bulletin boards, public or private art, and alternative paving materials in areas of pedestrian access.

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

5. Alternatives to the requirements of this Section 9.11.030(B) may be approved if the Review Authority finds that the proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, and street-facing building walls will exhibit architectural relief and detail and be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

C. Build-To Line, Nonresidential Uses. Buildings with nonresidential uses on the ground floor and not facing a residential district shall be constructed no farther than 10 feet from the street facing property line(s) for 70% of linear street frontage. This requirement may be waived or modified subject to a discretionary approval upon finding that:

1. An alternative configuration can be approved based on the findings in Chapter 9.43, Modifications and Waivers, and the objectives of the Design Guidelines; and

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

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Packet Pg. 411 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 73 3. The building incorporates an alternative entrance design that creates a pedestrian-oriented entry feature facing the street.

D. Daylight Plane Adjacent to Residential Districts. Buildings shall not extend above a plane starting at 30 feet in height directly above the parcel line abutting any residentially-zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45-degree angle from vertical toward the interior of the site.

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

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

COMMERCIAL DISTRICTS
E. Parcels in the NC—Main Street District.

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

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

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5.H.a
Packet Pg. 412 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 74 F. Consolidation of Parcels – NC Zoning District. Except for parcels identified on the 6th Cycle 2021-2029 Housing Element Suitable Sites Inventory, limits on the consolidation of parcels in the Neighborhood Commercial zoning districts shall apply to the following:

1. Montana Avenue, Ocean Park Boulevard, and Pico Boulevard. Parcels shall not be consolidated nor shall parcels be tied if such consolidation or parcel tie results in a parcel that exceeds 15,000 square feet in size.

2. Main Street. Parcels shall not be consolidated nor shall parcels be tied if such consolidation or parcel tie results in a parcel that exceeds the following:
a. For Housing Projects north of Ocean Park Boulevard, 15,000 square feet in size.
b. For Housing Projects south of Ocean Park Boulevard, 11,000 square feet in size.
c. For all other projects, 6,000 square feet in size.

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

1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall consist of planting areas, landscape, or pedestrian amenities such as entry courtyards, plazas, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use.

2. Interior and Rear Setback Areas. At least 50% of each required interior side and rear setback area shall be a planting area. The required planting area may be reduced to less than 50% of the setback area but no less than 3 feet in width in one side

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5.H.a
Packet Pg. 413 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 75 or rear setback area adjoining a driveway or when an approved nonresidential accessory structure occupies a portion of the rear setback area.

3. Adjoining R1 and R2 Districts. A continuous planting area with a minimum width of 5 feet shall be provided along interior parcel lines when a Mixed-Use and Commercial Districts adjoins an R1 or R2 District and is not separated by a public or private thoroughfare.

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5.H.a
Packet Pg. 414 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 76 Chapter 9.12 BERGAMOT DISTRICTS

9.12.010 Purpose
The purposes of the Bergamot Districts are to:

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

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

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

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

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

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

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Packet Pg. 415 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 77 MUC Mixed-Use Creative. The Mixed-Use Creative (MUC) District will emphasize the continuation of the area’s diverse creative and cultural offerings. It will also encourage the infill of new, complementary uses as a way to provide a more balanced and sustainable land use pattern that connects residents, employees and visitors to the district, the neighboring BTV, the Bergamot Expo Station and the Bergamot art center. Existing uses are encouraged to remain and will be bolstered by the balance of new creative arts jobs, housing affordable to the workforce and supportive local-serving retail and services. In consideration to their size and the character of existing development, smaller parcels will be developed at lower densities and smaller building scales than those of the BTV District.

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

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

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

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

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Packet Pg. 416 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 78 9.12.020 Land Use Regulations
Table 9.12.020 prescribes the land use regulations for Bergamot Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

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

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Packet Pg. 417 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 79 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P P CUP CUP Section 9.31.110, Congregate Housing
Elderly and Long-Term Care P P CUP CUP
Emergency Shelters P P CUP CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

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

Residential Care, General P P MUP MUP Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P L(4)/MUP L(4)/MUP Section 9.31.270, Residential Care Facilities
Hospice, General P P MUP MUP Section 9.31.270, Residential Care Facilities
Hospice, Limited P P P P Section 9.31.270, Residential
Care Facilities
Single-Room Occupancy Housing P P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P - P
Child Care and Early Education Facilities P P - P Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private CUP CUP CUP - Community Assembly CUP CUP CUP CUP Section 9.31.100, Community Assembly
Community Gardens P P P P

Page 84 of 289 ends

5.H.a
Packet Pg. 418 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 80 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Cultural Facilities P P P P
Hospitals and Clinics L(11) L(11) - MUP, L(12)
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P L(3) P
School, Public or Private CUP CUP CUP -
Social Service Centers P P - - Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

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

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

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

Cinemas & Theaters, up to 99 seats P P P P
Cinemas & Theaters, more than 99 seats CUP - - -
Convention and Conference Centers, less
than 25,000 sf CUP CUP CUP –
Convention and Conference Centers,
25,000 sf or greater CUP - - -
Large-Scale Facility L(10)/CUP L(10)/CUP L(10)/CUP L(10)/CUP Small-Scale Facility MUP MUP MUP MUP Section 9.31.340, Small-Scale Facility, Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP MUP CUP Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Full-Service, Limited Service
& Take-Out (2,500 square feet and P P P P Section 9.31.040, Alcoholic Beverage Sales

Page 85 of 289 ends

5.H.a
Packet Pg. 419 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 81 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations smaller, including Outdoor Dining and
Seating)
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.200, Outdoor
Dining and Seating
Section 9.31.290, Restaurants
With Entertainment
Restaurants, Full-Service, Limited Service
& Take-Out (2,501 – 5,000 square feet,
including Outdoor Dining and Seating)

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

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

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

Bed and Breakfast - - - - Section 9.31.090, Bed and
Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services MUP,
L(12)
MUP,
L(12) - MUP, L(12)
Nursery and Garden Center P P - - Section 9.31.220, Outdoor Retail Display and Sales
Offices See sub-classifications below.

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

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5.H.a
Packet Pg. 420 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 82 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations General Personal Services P P - P Section 9.31.230, Personal Service
Personal Services, Physical Training P P P P
Tattoo or Body Modification Parlor P P P P Section 9.31.230, Personal Service
Retail Sales See sub-classifications below.

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

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

Full-Service Facility P P P P
Support Facilities P P - P
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers MUP MUP - – Chapter 9.32, Personal Wireless Service Facilities
Equipment within Buildings CUP CUP - –
Light Fleet-Based Services – – - –
Utilities, Major – - - –
Utilities, Minor P P P P
Specific Limitations:
(1) Not allowed on the ground floor for the first 35 feet of lot depth. (2) Limited to 4,000 sq. ft. or less.
(3) Limited to 15,000 sq. ft. or less.
(4) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents require an MUP. (5) (Reserved)
(6) (Reserved)
(7) (Reserved)
(8) (Reserved)

Page 87 of 289 ends

5.H.a
Packet Pg. 421 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 83 TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations (9) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage; greater area and/or width requires approval of a Conditional Use Permit. (10) Fitness facilities and gymnasiums permitted, all other uses require a CUP. (11) Hospitals and clinics of 5,000 sf or less require an MUP. Hospitals and clinics greater than 5,000 sf or greater require a CUP. (12) Limited to 5,000 sf or less.

9.12.030 Development Standards
Table 9.12.030.A, Development Standards for All Projects, Except Housing Projects, prescribes the development standards for Bergamot Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

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5.H.a
Packet Pg. 422 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 84 TABLE 9.12.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Density Standards
Maximum FAR Section 9.04.080, Determining FAR
Tier 1 — Base Standard 1.75 1.5 1.0 1.5
Tier 2 — With Provision of
Community Benefits 2.0 1.7
Parcel > = 100,000
sf:

1.0 Parcel < 100,000 sf:

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

1.0 Parcel > 100,000 sf:

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

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

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

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

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

See (F)
5’ for 25% of front
façade.

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

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

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

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5.H.a
Packet Pg. 423 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 85 TABLE 9.12.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Façade Length Development
Standards for Buildings Exceeding 90 feet
in
Height.

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

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

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

See (M) See (M) See (M) See (M)
Ground Level Pedestrian
Pathways See (N) See (N) See (N) See (N)
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production Program Chapter 9.64, Affordable Housing Production Program Automobile/ Vehicle Sales, Leasing, and Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units

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5.H.a
Packet Pg. 424 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 86 Table 9.12.030.B, Development Standards For Housing Projects, prescribes the development standards for Bergamot Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses.

Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

TABLE 9.12.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Density Standards
Maximum FAR Section 9.04.080, Determining FAR
Housing Projects 4.0

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

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

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

3.0 3.0 (North of
Nebraska Ave,
South of
Pennsylvania Ave,
and West of
Berkeley St - 3.75)
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050, Measuring Height TABLE 9.12.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Landscaping and Street Trees Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems

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5.H.a
Packet Pg. 425 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 87 TABLE 9.12.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Housing Projects 84’
See (A)
84’ (North of
Pennsylvania
Ave parcel line
or South of
Expo Bike Path
- 70’)
See (A)
55’
See (A)
55’ (North of
Nebraska Ave,
South of
Pennsylvania Ave,
and West of
Berkeley St - 70’)
See (A)
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.
100% Affordable Housing
Projects
94’
See (A)
94’ (North of
Pennsylvania
Ave parcel line
or South of
Expo Bike Path
- 80’)
See (A)
65’
See (A)
65’ (North of
Nebraska Ave,
South of
Pennsylvania Ave,
and West of
Berkeley St - 80’)
See (A)
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.

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

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

See (F)
5’ for 25% of
front façade.

See (F)
5’ for 25% of front
façade.

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

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

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

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

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

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

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5.H.a
Packet Pg. 426 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 88 TABLE 9.12.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Minimum Percent of the 12%
ground level open space that
must be provided adjacent to the
sidewalk
20%
See (L)
20%
See (L)
20%
See (L)
20%
See (L)
Maximum Percentage of the
12% ground level open space
that can be covered by an
enclosed building
20% 20% 20% 20%
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with 3 or More
Units (includes private and
common)
150 150 150 150 Section 9.21.090, Outdoor Living Area
Minimum Percentage of
Outdoor Living Area Provided
as Private Outdoor Living Area
30% 30% 30% 30%
Section 9.21.090, Outdoor Living Area
Minimum Percentage of
Outdoor Living Area Provided
as Common Outdoor Living
Area
70% 70% 70% 70%
Section 9.21.090, Outdoor Living Area
Common Outdoor Living Area See (M) See (M) See (M) See (M) Ground Level Pedestrian
Pathways See (N) See (N) See (N) See (N)
Special Project Commitments for
Bergamot Area Housing Projects
on Large Sites.

See (O) See (O) See (O) See (O)
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production Program Chapter 9.64, Affordable Housing Production Program Automobile/ Vehicle Sales, Leasing, and Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping and Street Trees Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems

Page 93 of 289 ends

5.H.a
Packet Pg. 427 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 89 A. Additional Development Standards for Buildings Exceeding 90 feet in Height.

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

1. Maximum Allowable Podium Height: 35 feet

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

3. Maximum Tower Footprint: 12,000 square feet

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

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

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5.H.a
Packet Pg. 428 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 90 Figure 9.12.030(A): Tower and Podium Maximum Footprint Diagram

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5.H.a
Packet Pg. 429 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 91 Figure 9.12.030(B): Minimum Tower Spacing Diagram
B. Building Frontage Line.

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

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5.H.a
Packet Pg. 430 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 92 g. Berkeley Street between Pennsylvania Avenue and Nebraska Avenue: 10’
h. All other streets shall be 10’
For all building frontage lines 15 feet or greater, habitable space above the ground floor may project up to 5 feet into the building frontage line, however cannot project over the property line into the public right-of-way. Other projections including but not limited to balconies and awnings may be allowed in accordance with Section 9.21.110.

FIGURE 9.12.030(C): MEASURING BUILDING FRONTAGE LINE

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

C. Build-to Line.

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

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5.H.a
Packet Pg. 431 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 93 display areas, or other uncovered areas are designed and accessible for public use and located between the build-to line and building.

2. Buildings or portions of buildings with residential units on the ground floor shall be constructed a minimum of 8 feet from the street-facing property line, or to the building frontage line required in 9.12.030(B) above, whichever is greater.

D. Active Ground Floor Use and Design.

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

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Packet Pg. 432 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 94 a. Street Facing Facades. A minimum of 50% of each street facing façade shall be transparent and include windows, doors, and other openings between 2.5 and 8 feet above finished grade.
i. Openings fulfilling this requirement shall have transparent glazing or openings that provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displaying merchandise or other items other than signs that are at least 3 feet deep. ii. Vertical Elements: Frontages shall be designed to be divided into bays that are 30-feet wide or less by pilasters, columns, window patterns, or other vertical elements.
iii. This requirement may be modified if it can be demonstrated that the fulfillment of this requirement materially interferes with the project’s ability to meet the requirements of Municipal Code Chapter 8.36 – Energy Code.

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

E. Pedestrian-Oriented Design.

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

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Packet Pg. 433 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 95 2. New development shall incorporate the following design elements at the ground floor level:
a. Street-Facing Facades
i. Articulated façades at the ground floor street frontage, which may include, but not necessarily require, such measures as indentation in plane, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building frame and projecting elements such as awnings and marquees to provide shade and shelter;
ii. Exterior lighting which provides nighttime illumination for the pedestrian environment by reinforcing entrances, public sidewalks and open areas which avoids off-site glare, subject to 9.21.080 Lighting. b. Ground-Floor Street Frontages. The finished ground floor level shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk.
c. Sloped Ground-Floor Street Frontages. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the commercial boulevard, a maximum of 60 feet of commercial frontage may be up to 36 inches higher or lower than the finished grade of the adjacent sidewalk, and the remainder shall not exceed 24 inches higher or lower than the finished grade of the adjacent sidewalk.

3. Residential uses at the ground floor street frontage shall incorporate planted areas, porches, front stairs, and/or other elements that contribute to a pedestrian

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Packet Pg. 434 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 96 environment. Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian such as awnings, drinking fountains, paseos, arcades, colonnades, plazas, noncommercial community bulletin boards, public or private art, and alternative paving materials in areas of pedestrian access.

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

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

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

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Packet Pg. 435 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 97 FIGURE 9.12.030(E): STREET STEPBACKS ABOVE GROUND FLOOR G. Side Interior Stepbacks: A minimum of 15 percent of the exposed side interior building façade area above 39 feet shall be stepped back a minimum of 5 feet from the side property line.

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Packet Pg. 436 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 98 FIGURE 9.12.030(F): SIDE INTERIOR STEPBACKS
H. Maximum Unbroken Primary Façade Length:

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

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

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

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Packet Pg. 437 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 99 be continuous.

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

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

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

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FIGURE 9.12.030(H): ROOFLINE VARIATION DIAGRAM
– OR –
J. Daylight Plane: Buildings shall not extend above a plane starting at 30 feet in height directly above the parcel line abutting any residentially-zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45- degree angle from vertical toward the interior of the site for 30 feet measured horizontally.

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

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

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

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

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

3. Entrances shall incorporate at least three of the following:
a. Recessed entrance at least 2 feet from the building façade; b. Overhead projection (e.g. porch roof);
c. A sidelight window, adjacent window, or door with a window; d. At least one stair, up or down, from the pedestrian pathway; e. Paving material, texture, or pattern differentiated from the pedestrian pathway.

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

5. Private Outdoor Living Area Adjacent to a Street: Ground floor private outdoor living areas adjacent to a street shall not be enclosed with a fence, wall, or hedge greater than 5 feet in height. Any portion of fences, walls, and hedges above 42 inches in height shall be at least 50% visually transparent.

L. Ground Level Open Space Adjacent to Sidewalk

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

2. For parcels with street frontage 250’ or greater, the following standards apply:
a. One portion of the ground level open space adjacent to the street shall have a minimum size of 600 sf and minimum dimension of 20’ x 10’.

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b. Open-to-the-sky: No more than 20% of the open space may be covered by enclosed building space.
c. Open space may not exceed18 inches above or below the adjacent sidewalk elevation.
d. Any fence, wall, or hedge around the required ground level open space shall not exceed 42 inches except for the portion(s) of the ground level open space that is abutting an internal parcel line.

FIGURE 9.12.030(J): GROUND FLOOR OPEN SPACE DIAGRAM
M. Common Outdoor Living Area

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

2. Landscaping: A minimum of 25 percent of each common outdoor living area 500 square feet or greater shall be planting area with a minimum length and width

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of 30 inches. A minimum of 10% of each common outdoor living area less than 500 square feet and greater than 100 square feet shall be planting area.

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

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

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

5. Seating: A minimum of 1 seat per 200 square feet of common outdoor living area shall be provided with a minimum of four seats per area. Each 48 linear inches of a bench may be calculated as 2 seats. At least 50% of required seating shall be arranged in groups of four or more seats.

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

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

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

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

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

4. Landscape and Pedestrian Amenities
a. Landscaping: A minimum of 25 percent shall be landscaped area with a minimum dimension of 30 inches in each direction. b. Trees: A minimum of one 24-inch box tree for every 500 square feet shall be planted within the ground level pedestrian pathway. At least 50 percent shall be shade trees.
c. Hardscape: A maximum of 25 percent of the ground level pathways may be paved in standard concrete, with the remainder using enhanced paving such as brick, natural stone, unit concrete pavers, textured/colored/patterned concrete, or similar.
d. Seating: A minimum of 1 seat per 250 square feet of ground level pathways shall be provided. Benches shall be calculated as 1 seat per 24 linear inches.
e. Pedestrian Lighting: Pedestrian lighting shall be provided at a minimum 0.25 footcandle and comply with all requirements pursuant to Section

9.21.080, Lighting.

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Packet Pg. 444 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 106
O. Special Project Commitments for Housing Projects in Bergamot Districts on Large Sites.

1. Housing Projects on Large Sites in Bergamot Districts may elect to be processed by Administrative Approval under Section 9.39.020(A)(1)(d) if located on a parcel or parcels that exceed 43,560 square feet in size (one acre) provided that the project meets all standards in Chapter 9.12 and all of the following commitments:
a. Residential Unit Mix:
i. Maximum 15% studio units
ii. Minimum 15% 2-bedroom units
iii. Minimum 15% 3-bedroom units
b. Minimum Ground Level Open Space: 14% of Parcel Area
i. At least 30% of ground level open space shall be adjacent to the street.
ii. One portion of the ground level open space adjacent to the street shall have a minimum size of 600 sf and minimum dimension of 20’ x 10’.
iii. Any fence, wall, or hedge around the required ground level open space shall not exceed 42 inches except for the portion(s) of the ground level open space that is abutting an internal parcel line. iv. Open space may not exceed 18 inches above or below the adjacent sidewalk elevation.

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v. Open space adjacent to the street pursuant to Subsection (b)(i) shall be accessible to the public and not exclusive to project occupants, in accordance with Subsection d below .
c. Ground Level Pedestrian Pathway or New Street
i. Ground level pedestrian pathway shall be dedicated for public use (e.g. surface easement), developed in accordance with the standards provided in Section 9.12.030(L) Ground Level Pedestrian Pathways above and Subsection d below.
ii. Ground level pedestrian pathways or new streets shall be dedicated for public use (e.g. surface easement), consistent with the street network map (Figure 7.01) in the Bergamot Area Plan, if one is identified on the site. For new streets, vehicular lanes or street parking shall not count towards the project’s open space requirement.
d. Ground-Level Open Space: Public Access
i. Subject to an Agreement between the owner/developer and City, the Ground-Level Open Space as required in Subsections (b) and (c) above shall be accessible to the public between the hours of 6:00 A.M. and 11:00 P.M. and shall comply with all standards pursuant to this Section. The public use of the Ground-Level Open Space shall be solely for pedestrian access to and passive use by project occupants or the public, including walking, strolling, reading, passive activities, and other similar activity.

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

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CHAPTER 9.13 EMPLOYMENT DISTRICTS

9.13.020 Land Use Regulations
Table 9.13.020 prescribes the land use regulations for the Employment Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P P P Section 9.31.110, Congregate
Housing
Elderly and Long-Term Care – P P
Emergency Shelters L(2)/CUP L(2)/CUP L(2)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

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

Residential Care, General P P P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P P Section 9.31.270, Residential Care Facilities
Hospice, General P P P Section 9.31.270, Residential Care Facilities
Hospice, Limited P P P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy Housing P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private – CUP –
Community Assembly CUP CUP CUP Section 9.31.100, Community Assembly
Community Gardens P P P

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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Cultural Facility – – CUP
Hospitals and Clinics – – P
Park and Recreation Facilities, Public P P P
Public Safety Facilities MUP MUP P
Schools, Public or Private L(3)/CUP L(3)/CUP P
Social Service Centers MUP MUP P Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Kennels CUP – –
Pet Day Care Services MUP – –
Veterinary Services P – –
Automobile/Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging
Facilities L(5)/CUP CUP –
Automobile Rental L(4) P – Section 9.31.050, Automobile Rental
Automobile Storage Use CUP CUP –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Automobile/Vehicle Sales and Leasing CUP CUP –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Automobile/Vehicle Repair, Major L(5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Service and Repair,
Minor L(5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Washing CUP – – Section 9.31.080,
Automobile/Vehicle Washing
Large Vehicle and Equipment Sales,
Service, and Rental CUP – –
Service Station L(5)/CUP CUP – Section 9.31.320, Service Stations Towing and Impound L(5)/CUP – –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions L(15) L(15) CUP
Business Services P L(6) P
Commercial Entertainment and Recreation See sub-classifications below.

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

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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,500 SF and
smaller)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,501 – 5,000 SF)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (Greater than 5,000
SF)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP
Equipment Rental P – P
Food and Beverage Sales See sub-classifications below.

Convenience Markets L(6) L(6) P Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets CUP – –
General Markets L(17)/CUP L(17)/CUP - Section 9.31.040, Alcoholic Beverage Sales
Funeral Parlor and Mortuary – – CUP
Instructional Services L(18)/CUP L(18)/CUP -
Live-Work L (14) CUP L (14) Section 9.31.170, Live-Work Offices See sub-classifications below.

Business and Professional L (9) P P
Creative P P –
Medical and Dental – P P
Walk-In Clientele L (10) L (6) L (10)
Parking, Public or Private CUP CUP CUP
Personal Services See sub-classifications below.

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

Building Materials Sales and Services P – – Section 9.31.220, Outdoor Retail Display and Sales
Firearms and Ammunition Sales – – –

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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
General Retail Sales, Small-Scale P P P Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP - Section 9.31.220, Outdoor Retail Display and Sales
Medical Marijuana Dispensaries – – CUP Section 9.31.185, Medical Marijuana Dispensaries
Industrial Uses
Artist’s Studio P P P
Commercial Kitchens P – –
Industry, General P CUP (12) –
Research and Development P CUP (12) P
Industry, Limited P CUP (12) –
Media Production P P –
Recycling Facility See sub-classifications below.

Recycling Collection Facility P – – Section 9.31.260, Recycling Facilities
Recycling Processing Facility P – – Section 9.31.260, Recycling Facilities
Warehousing, Storage, and Distribution See sub-classifications below.

Indoor Warehousing and Storage P – –
Outdoor Storage CUP (13) – –
Personal Storage P CUP – Section 9.31.240, Personal Storage Wholesaling and Distribution P – –
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P
City Bikeshare Facility P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers CUP – CUP Chapter 9.32, Personal Wireless Service Facilities
Facilities within Buildings CUP P CUP
Light Fleet-Based Services CUP – –
Utilities See sub-classifications below.

Utilities, Major P P –
Utilities, Minor P P P

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TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Specific Limitations:
(1) Limited to 100% affordable housing projects. For senior citizen multiple-unit dwelling projects in the Office Campus District that are not 100% affordable approval of a Conditional Use Permit is required. (2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or more may be permitted with application for and approval of a Conditional Use Permit. (3) Permitted if existing. New uses require approval of a Conditional Use Permit. (4) Limited to accessory automobile rental facilities located within automobile/vehicle repair use. (5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required if located within 100 ft. of a residential use or district.
(6) Conditionally permitted as businesses that provide goods and services to employees on the premises. No more than 25% of the total square footage of a development may be devoted to such businesses. (7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use Permit. (8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other small-scale commercial recreation uses require a Conditional Use Permit.
(9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25 percent of the gross floor area of the primary permitted use.
(10) Permitted if existing. New uses are not permitted. (11) (Reserved.)
(12) Such uses must be conducted within an enclosed building or an open enclosure screened from public view. In order to approve a Conditional Use Permit, the review authority must make a finding that proposed uses are compatible with office and advanced technological uses.
(13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation on the site. (14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the Live-Work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen.
(15) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage
(16) Limited to indoor exercise facilities and bowling alleys. (17) General markets greater than 15,000 square feet require a Conditional Use Permit. (18) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space shall occupy more than 12,500 square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.

9.13.030 Development Standards
Table 9.13.030.A, Development Standards for All Projects, Except Housing Projects, prescribes the development standards for all projects, except housing projects, as defined by Section 9.52.020.1125, in Employment Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses.

Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

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

1.75 1.75 2.5 Chapter 9.23, Community Benefits
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
Tier 1 — Base
Standard 2/32′ 2/32′ 3/45′
Tier 2 — With
Provision of
Community
Benefits
3/45’
See (A) 3/45’ 5/70′ Chapter 9.23, Community
Benefits
Minimum Setbacks (ft.)
Interior Side and
Rear – Adjacent
to a Residential
District
15′
See (B)
15′
See (B)
15′
See (B)
Parking Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards Minimum Ground
Floor Height (ft.) 11′ 11′ NA
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing
Façades 5′ average 5′ average NA
Daylight Plane
Adjacent to
Residential District—
Interior Side and
Rear
See (D) See (D) See (D)
Standards for Multiple-Unit Dwellings
Minimum Outdoor
Living Area (sq.
ft./unit)—Sites with 3
or More Units
(including private and
common)
100 100 100 Section 9.21.090, Outdoor Living
Area

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TABLE 9.13.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS—EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Minimum Amount
Provided as
Private Outdoor
Living Area (sq.
ft./unit)
60 60 60 Section 9.21.090, Outdoor Living
Area
Additional Standards
Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food
Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory
Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.13.030(D), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit
Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit
Dwelling Projects
Located on
Community
Assembly Surface
Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking
and Loading Chapter 9.28, Parking, Loading, and Circulation Parking Structures
and Areas Chapter 9.28, Parking, Loading, and Circulation Projections into
Height Limits
Section 9.21.060, Height Projections
Projections into
Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane Refuse and Recycling
Screening and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems * In those portions of the OC Districts adjacent to Ocean Park Boulevard, development of additional floor area for projects other than housing projects that requires discretionary approval shall only be permitted after completion of a specific plan.

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

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

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

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

DISTRICTS
Standard IC OC HMU Additional Regulations
Daylight Plane
Adjacent to
Residential District—
Interior Side and
Rear
See (D) See (D) See (D)
Standards for Multiple-Unit Dwellings
Minimum Outdoor
Living Area (sq.
ft./unit)—Sites with 3
or More Units
(including private and
common)
100 100 100 Section 9.21.090, Outdoor Living
Area
Minimum Amount
Provided as
Private Outdoor
Living Area (sq.
ft./unit)
60 60 60 Section 9.21.090, Outdoor Living
Area
Additional Standards
Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food
Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory
Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.13.030(D), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit
Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit
Dwelling Projects
Located on
Community
Assembly Surface
Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking
and Loading Chapter 9.28, Parking, Loading, and Circulation Parking Structures
and Areas Chapter 9.28, Parking, Loading, and Circulation Projections into
Height Limits
Section 9.21.060, Height Projections
Projections into
Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane

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

DISTRICTS
Standard IC OC HMU Additional Regulations
Refuse and Recycling
Screening and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Maximum Heights. The following projects may have a maximum height of 4 stories, 45 feet:

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

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

3. Theaters.

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

C. Pedestrian-Oriented Design for Housing Projects.

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

2. New development shall incorporate the following design elements at the ground floor level:

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a. Street-Facing Facades
i. Articulated façades at the ground floor street frontage, which may include, but not necessarily require, such measures as indentation in plane, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building frame and projecting elements such as awnings and marquees to provide shade and shelter;
ii. Exterior lighting which provides for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination which avoids off-site glare. b. Ground-Floor Street Frontages Along Commercial Boulevards. The finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk. c. Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the Commercial Boulevard, the finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.

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

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noncommercial community bulletin boards, public or private art, and alternative paving materials in areas of pedestrian access.

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

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

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

EMPLOYMENT DISTRICTS
E. Planting Areas. The following areas shall be landscaped.

1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall consist of planting area, landscape, or pedestrian amenities such as entry courtyards, plazas, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use.

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

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CHAPTER 9.14 OCEANFRONT DISTRICT

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

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

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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Junior Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Multiple-Unit Dwelling P Section 9.31.195, Multiple-Unit Dwelling Projects
Duplex P Section 9.31.195, Multiple-Unit Dwelling
Projects
Senior Citizen Multiple-Unit Dwelling P Section 9.31.195, Multiple-Unit Dwelling Projects
Single-Unit Dwelling P
Housing Types for Specific Uses
Congregate Housing P Section 9.31.110, Congregate Housing Elderly and Long-Term Care P
Emergency Shelters CUP Section 9.31.130, Emergency Shelters Employee Housing P
Family Day Care See sub-classifications below.

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

Residential Care, General P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy Housing P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education Facilities CUP Section 9.31.120, Child Care and Early Education Facilities
Cultural Facilities CUP
Park and Recreations Facilities, Public P
Schools P
Commercial Uses
Automobile/Vehicle Sales and Service See sub-classifications below.

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

Theaters L(1)

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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Convention and Conference Centers P
Small-Scale Facility P Section 9.31.340, Small-Scale Facility, Game Arcades
Large-Scale Facility L(2)/CUP
Fortunetelling P
Eating and Drinking Establishments See sub-classifications below.

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

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

Bed and Breakfast CUP Within Designated Landmarks only.

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

Business and Professional L(5)/CUP
Creative L(5)/CUP
Walk-In Clientele L(5)/CUP
Parking, Public or Private CUP
General Personal Services MUP
Retail Sales See sub-classifications below.

General Retail Sales, Small-Scale P Section 9.31.220, Outdoor Retail Display and Sales
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P

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TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Specific Limitations:
(1) Limited to theaters for live performances.
(2) Existing large-scale commercial, entertainment, and recreation facilities existing as of the date of this Ordinance are permitted. Any new large-scale commercial, entertainment, and recreation facilities require approval of a Conditional Use Permit.
(3) Bars, nightclubs, and lounges are only permitted on the Pier, on Oceanfront Walk, and within hotels. (4) Limited to establishments with no more than 2,500 sq. ft. of floor area. (5) Office uses on the ground floor street frontage may not exceed 25% of the parcel width or 1,000 sq. ft, whichever is less.

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

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

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

1.5; 0.5 for parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the north
City limits
Tier 2—With Provision of
Community Benefits 2.0 Chapter 9.23, Community Benefits 100% Affordable Housing
Projects 2.25 Chapter 9.64, Affordable Housing Production Program Santa Monica Pier Maximum FAR
The Deauville site to the
north, Seaside Terrace to the
south, The Ocean Front
Walk to the west, and Ocean
Avenue to the east, except
parcels fronting on Ocean
Avenue

1.0

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TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Parcels fronting on Ocean
Avenue 0.5
Maximum Parcel Coverage (%) 70; 50 on parcels along the Pacific Coast Highway between the Santa Monica Pier and the north City limits Building Form and Location
Maximum Building Height
(stories/ft.)
One story for newly constructed stand-alone restaurants except for the Santa Monica Pier
Section 9.04.050 Measuring
Height
Tier 1—Base Standard
2/32′;
2/23′ (flat roof) or 2/30′ (pitched roof) for parcels
located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits
Tier 1—Projects Including
On-Site Affordable Housing
in Compliance with AHPP
3/36′ Chapter 9.64, Affordable
Housing Production Program
100% Affordable Housing
Projects No limit to number of stories/47′ Chapter 9.64, Affordable Housing Production Program Tier 2—With Provision of
Community Benefits 3/47′ Chapter 9.23, Community Benefits Tier 2—With Provision of
Community Benefits and
100% Residential Above the
Ground Floor
No limit to stories/47′ Chapter 9.23, Community
Benefits
Santa Monica Pier Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
The Deauville site to the
north, Seaside Terrace to the
south, The Promenade to the
west, and Ocean Avenue to
the east, including parcels
fronting on Ocean Avenue
2/30′
Amusement Rides on the
Santa Monica Pier
85 ft. for one Ferris wheel; 55 ft. for one roller coaster; 45 ft. for all other amusement rides
Street-Facing Façades (ft.)
Minimum Ground Floor
Height for Nonresidential
Uses
11′
Pedestrian Oriented Design See (A)
Exterior Lighting See (C)
Minimum Setbacks (ft., measured from parcel line)
Street Frontage
5 ft. from street fronting parcel line except for 20 ft. on Pacific Coast Highway between northern City limits and
Santa Monica Pier. See (B)
Rear
15 ft. if adjacent to a residential use; 25 ft. for beach rear setback on parcels over 100 ft. in depth located
along the Pacific Coast Highway between the Santa
Monica Pier and the north City limits
Side
If adjacent to a residential use, see (D); for parcels
located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits, see (D)

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Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height Street-Facing Façades
At least 30% of the building elevation above the
maximum ground floor height shall provide an
additional 5-foot average setback from the minimum
required front setback
Daylight Plane Adjacent to
Residential Use—Interior Side
and Rear Setbacks
See (E) Section 9.21.060, Height
Projections
View Corridors See (F)
Standards for Residential Uses
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with 3 or
More Units (including private
and common)
100 Section 9.21.090, Outdoor Living
Area
Minimum Amount Provided
as Private Outdoor Living
Area (sq. ft./unit)
60 Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.14.030(H), Landscaping; Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community
Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required
Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane Refuse and Recycling Screening
and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Pedestrian-Oriented Design. New development shall incorporate the following design elements into the street-facing façades at the ground floor level:

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

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

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

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

B. Build-To Line, Nonresidential Uses. Except on Pacific Coast Highway between northern City limits and Santa Monica Pier, buildings with nonresidential uses on the ground floor shall be constructed no farther than 10 feet from the street facing parcel line(s) for 70% of linear street frontage. This requirement may be waived or modified subject to a discretionary approval upon finding that:

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

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

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

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

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

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

G. Landscaping. The following landscaping requirements apply.

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

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CHAPTER 9.15 PUBLIC AND SEMI-PUBLIC DISTRICTS

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

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

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TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P - - Section 9.31.025, Accessory Dwelling Unit and Junior Accessory Dwelling Units
Junior Accessory Dwelling Unit P - - Section 9.31.025, Accessory Dwelling Unit and Junior Accessory Dwelling Units
Multiple Unit Dwelling P - - Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit
Dwelling P - - Section 9.31.195, Multiple-Unit Dwelling Projects Housing Types for Specific Needs
Congregate Housing L(1) - - Section 9.31.110, Congregate Housing Emergency Shelters - P - Section 9.31.130, Emergency Shelters Family Day Care See sub-classifications below.

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

Residential Care, General L(1) - - Section 9.31.270, Residential Care Facilities Residential Care, Limited P - - Section 9.31.270, Residential Care Facilities Residential Care, Senior L(1) - - Section 9.31.270, Residential Care Facilities
Hospice, General - - -
Hospice, Limited - - -
Single Room Occupancy Housing L(1) - - Section 9.31.330, Single Room Occupancy Housing
Supportive Housing L(1) - -
Transitional Housing L(1) - -
Public and Semi-Public Uses
Adult Day Care P P P
Cemetery - P -
Child Care and Early Education
Facilities P P P Section 9.31.120, Child Care and Early Education Facilities Colleges and Trade Schools, Public or
Private L(3) P -
Community Assembly P P L(3) Section 9.31.100, Community Assembly Community Gardens - P P
Cultural Facilities P P P
Park and Recreations Facilities, Public P P P
Public Safety Facilities P P -
Schools, Public or Private L(3) P -
Social Service Centers P P - Section 9.31.350, Social Service Centers Commercial Uses
Banks and Financial Institutions L(1) - -

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Packet Pg. 472 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 134
TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Business Services L(1) - -
Commercial, Entertainment, and
Recreation See sub-classifications below.

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

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

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

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

Business and Professional L(4)/CUP L (3) -
Creative L(4)/CUP - -
Walk-In Clientele L(4)/CUP - -
Parking, Public or Private L(3) P L(5)
General Personal Services L(1) - -
Retail Sales See sub-classifications below.

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

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Packet Pg. 473 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 135
TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Communication Facilities See sub-classifications below.

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

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Packet Pg. 474 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 136
Chapter 9.18 Activity Center and Neighborhood Conservation Overlay Districts and Memorial Park Neighborhood Area Plan District Activity Center Overlay District
* To be established by City Council through preparation of Area Plans for the Activity Center areas and Development Agreements for each defined project.

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

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

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Packet Pg. 475 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 137
Chapter 9.19 MODERATE INCOME OVERLAY

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

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

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

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Packet Pg. 476 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 138
unit shall be a minimum of 250 square feet in size, if the dwelling unit is located within a MHO Project for which occupancy is restricted to a MHO Eligible Household.

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

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

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

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

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

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

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1. Deed restricted affordable housing;

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

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

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

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

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

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

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

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

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

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Packet Pg. 478 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 140
C. Eligibility for Concessions/Incentives. Projects shall be eligible to request up to four incentives and concessions pursuant to procedures set forth in Sections 9.22.060 and 9.22.080.

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

E. Open Space.

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

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

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

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

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

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

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

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

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Packet Pg. 479 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 141
a part of the early project design process. Such memorandum shall be submitted at the time of project application and shall be subject to review and approval by the Director prior to project approval.

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Packet Pg. 480 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 1 9DIVISION 3 GENERAL REGULATIONS
Chapter 9.21, General Site Regulations
Chapter 9.30, Private Developer Cultural Arts Requirement Chapter 9.31, Standards for Specific Uses and Activities Chapter 9.34, Residential Unit Replacement Requirements

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Packet Pg. 481 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 2 CHAPTER 9.21 GENERAL SITE REGULATIONS
Section 9.21.020 Accessory Buildings and Structures
Accessory structures shall conform to the same property development standards as principal buildings except as required by this Section. Accessory buildings in Residential Districts shall include, but not be limited to, greenhouse and garden structures, storage sheds, workshops, garages, and other buildings that are detached from the principal building. Accessory structures in Residential Districts shall include, but not be limited to, unenclosed carports, gazebos, cabanas, or other similar structures; air conditioners, compressors, electric vehicle charging equipment, pool and spa filters, or other mechanical equipment; barbecues; sinks and counters; fountains; freestanding fireplaces; firepits; above ground swimming pools and spas; and other structures with a fixed location that are detached from the principal building. Accessory structures greater than 14 feet in height are not permitted. Accessory structures shall be erected, structurally altered, converted, enlarged, moved, and maintained, in compliance with the following regulations:

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

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Packet Pg. 482 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 3 B. Dwelling Units in Accessory Buildings. An accessory building on a parcel occupied or proposed to be occupied by a single-unit or multiple-unit detached dwelling may only be used as a separate dwelling unit in compliance with the requirements of Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.

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

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

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

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Packet Pg. 483 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 4 i. Fountains, fire pits, and similar ornamental landscape features not to exceed 42 inches in height.
ii. Underground mechanical equipment.
iii. Electric vehicle charging equipment shall be permitted within any minimum side setback but shall not be permitted within any minimum front setback.

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

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

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Packet Pg. 484 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 5 parcel line and the midpoint of the rear parcel line may be set back a distance equal to the average garage setback of adjacent garage(s), but not less than 5 feet, when the interior garage width does not exceed 20 feet and the height does not exceed 11 feet for a flat roof and 14 feet for a pitched roof.

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

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

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

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

3. Setbacks. The accessory building shall conform to all setback requirements of the Residential District and the following requirements:
a. A one-story garage or the garage portion of an accessory building may extend into the rear setback and may extend to one interior side property line on the rear 35 feet of a parcel.
b. The accessory building shall have the same minimum side setback requirement as the principal building on the parcel, but in no case less than 5 feet.

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Packet Pg. 485 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 6 c. The second story portion of an accessory building that is directly above the garage may extend into the required rear setback but shall be no closer than 5 feet from the rear property line, and may not extend into any minimum side setback.

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

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

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

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

I. Renting. Except as may be permitted under Santa Monica Municipal Code 6.20, Home-Sharing and Vacation Rentals, no accessory building shall be rented for any purpose or otherwise used as an accessory dwelling unit unless specifically pursuant to Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.

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Packet Pg. 486 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 7 Section 9.21.090 Outdoor Living Area
Required outdoor living areas to serve residential dwelling units shall be provided in accordance with this Section.

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

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

C. Standards and Requirements.

1. Private Outdoor Living Area.
a. Private outdoor living area (e.g., yards, decks, patios, balconies) shall be no less than 4 feet deep.
b. For non-residentially zoned parcels, ground floor private outdoor living areas adjacent to a street shall not be permitted to be enclosed with a fence, wall, or hedge greater than 5 feet in height. Any portion of fences, walls, and hedges above 42 inches in height shall be at least 50% visually transparent.

2. Common Outdoor Living Area.

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Packet Pg. 487 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 8 a. Ground Floor or Podium Level. Common outdoor living area located on the ground or podium level shall provide one space that is at least 400 square feet with minimum dimensions of 20 feet in width and 15 feet in length. b. Upper Story. Common outdoor living area located on an upper-story shall be no less than 10 feet in width and 10 feet in length. c. Roof Decks. Common outdoor living area located on a roof shall be subject to the following limitations and requirements:
i. Parcels less than 15,000 square feet: No size limitation, but any provided open space shall be no less than 10 feet in width and 10 feet in depth. ii. Parcels greater than 15,000 square feet: No more than 50% of provided common open space can be located on a roof and shall be no less than 10 feet in width and 10 feet in depth.

D. Accessibility.

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

2. Common Outdoor Living Area. Common outdoor living area shall be accessible to all the residents of the dwelling units on the parcel.

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

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Packet Pg. 488 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 9 F. 100% Affordable Housing Projects. 100% Affordable Housing Projects in any district may substitute common outdoor living area in lieu of minimum required private outdoor living area in an equivalent amount.

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Packet Pg. 489 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 10 CHAPTER 9.30 PRIVATE DEVELOPER CULTURAL ARTS REQUIREMENT Section 9.30.140. Cultural Arts Development Contribution.

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

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

B. Timing of Contribution. The project applicant shall pay the in-lieu contribution according to the schedule of fees in place on the date the fees are paid, except that the project applicant for a project that has vested rights under State or local law shall pay the applicable fees in accordance with those vested rights. The in-lieu contribution shall be paid in full upon issuance of certificate of occupancy or final inspection, whichever occurs last.

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Packet Pg. 490 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 11 CHAPTER 9.31 STANDARDS FOR SPECIFIC USES AND ACTIVITIES Section 9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units
Notwithstanding the accessory structure standards of Section 9.21.020, accessory dwelling units and junior accessory dwelling units shall be developed, located, and operated in accordance with the following standards.

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

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

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

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

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Packet Pg. 491 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 12 used for the preparation and storage of food that includes at a minimum, but is not limited to, a sink, refrigerator, and built-in stove or range top.

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

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

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

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

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Packet Pg. 492 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 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 ADU or JADU that meets the requirements of this Section may be established on any legal parcel that is zoned to allow for single-unit or multiple-unit dwelling residential use and on which a primary single-unit dwelling or multiple-unit dwelling has been previously established or is proposed to be established in conjunction with construction of the ADU or JADU. Except as set forth in subsection (G) below, no more than one ADU and one JADU is permitted per parcel.

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.

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Packet Pg. 493 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 14 G. Permitted ADUs and JADUs. Subject to the requirements set forth in this Section, the following ADUs and JADUs shall be permitted as follows:

1. Parcel with Single-Unit Dwelling. One attached or detached ADU 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:

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Packet Pg. 494 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 15 i. A JADU may be established within the footprint of a proposed singleunit dwelling; or ii. A JADU may be established by converting floor area of an existing single-unit dwelling.

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

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

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Packet Pg. 495 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 16 b. The additional detached ADU may be newly constructed or may be established by converting floor area of a legal existing detached accessory structure.
c. Any ADU permitted under this subsection shall be subject to all provisions set forth in this Section.

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

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

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

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Packet Pg. 496 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 17 2. Parcels with Multiple-Unit Dwellings.
a. A detached ADU may be located either in the front or rear half of the parcel, but shall be a minimum of 6 feet from existing multiple-unit dwelling(s), as measured between exterior walls.
b. On a reverse corner parcel, an ADU or JADU shall not be located nearer to the street side parcel line of such corner parcel than one-half of the front setback depth required on the key parcel, nor be located nearer than 4 feet to the side parcel line of any key parcel.
c. On a through parcel, an ADU or JADU shall not project into any front setback except as provided under subsection (L) below. Pursuant to Section

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

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

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

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Packet Pg. 497 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 18 the front setback may expand the footprint beyond 150 square feet up to the total size permitted under subsection J below.
b. Detached ADU.
i. An ADU may be established by converting floor area within a legal existing accessory structure or by reconstructing the ADU in the same location and to the same dimensions as the original structure.
ii. Notwithstanding the size limitation in subsection (J), an ADU that is established by converting floor area of a legal existing accessory structure may expand the footprint of the existing accessory structure at least 150 square feet to accommodate ingress and egress. An ADU may expand beyond 150 square feet if the addition or enlargement is made to conform to all standards set forth in this Section and is a minimum of 6 feet from the existing single-unit dwelling, as measured between exterior walls. ADUs that expand beyond 150 square feet in accordance with these provisions are subject to the size limitations in subsection J.
iii. Notwithstanding the size limitation in subsection (J), an ADU that is established by converting floor area of a legal existing accessory structures located in the front setback may only expand the footprint up to 150 square feet into the front setback to accommodate ingress and egress. c. JADU. A JADU that is constructed or established by converting floor area of an existing single-unit dwelling must be contained entirely within the footprint of the single-unit dwelling.

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Packet Pg. 498 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 19 2. Parcel with Multiple-Unit Dwelling
a. Conversion of Existing Multiple-Unit Dwelling Footprint to ADU(s).

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

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

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

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

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

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

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Packet Pg. 499 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 20 4. Notwithstanding any of the foregoing:
a. For attached ADUs, if there is an existing primary dwelling, the total floor area of the ADU shall not exceed 50% of the existing primary dwelling, or the maximum size limits in subsections (2) and (3), whichever is greater. b. For ADUs established by converting floor area of an existing legal accessory structure, the size limitations set forth in subsection (I)(1)(b) shall apply.

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

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

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

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

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

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

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Packet Pg. 500 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 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.
b. No side or rear setback shall be required for an ADU or JADU constructed or established pursuant to subsection (G)(1)(b)(ii) above. c. An ADU or JADU may have a side and/or rear setback equivalent to the primary dwelling(s) if the primary dwelling(s) are permitted to have a side and/or rear setback of less than 4 feet.

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Packet Pg. 501 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 22 M. Height. An attached ADU or JADU shall comply with the height limitations for the primary dwelling unit to which it is attached. A detached ADU shall not exceed 2 stories or 24 feet in height.

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

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

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

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

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

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Packet Pg. 502 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 23 b. Upper-story outdoor spaces shall not be located on the rear elevation unless the ADU is located outside the rear setback area of the primary dwelling unit(s);
c. When located on a permitted elevation, upper-story outdoor spaces shall be set back from the side parcel line the same distance as the minimum side setback requirement for the principal dwelling unit(s) on the parcel and shall be a minimum 5 feet from the rear parcel line;
d. Roof decks above the second story are prohibited.

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

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

Q. Parking.

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

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

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Packet Pg. 503 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 24 2. No Replacement. When parking areas including, but not limited to, garages, carports, uncovered parking spaces, or covered parking structures, are demolished in conjunction with the construction of an ADU or JADU or converted to an ADU or JADU, the eliminated off-street parking spaces are not required to be replaced.

R. Owner-Occupancy Requirement.

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

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

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

T. Limitations on Separate Sale.

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

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Packet Pg. 504 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 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.

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

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

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

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

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

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Packet Pg. 505 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 26 necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

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

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

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

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

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

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

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Packet Pg. 506 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 27 3. The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of Chapter 9.54, Land Divisions. As provided in Section 9.54.140, projects that will result in four or fewer parcels are not subject to Planning Commission review.

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

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

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

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Packet Pg. 507 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 28 “(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have.” c. The lienholder’s consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information:
i. The lienholder’s signature.
ii. The name of the record owner or ground lessee.
iii. The legal description of the real property.
iv. The identities of all parties with an interest in the real property as reflected in the real property records.
v. The lienholder’s consent shall be recorded in the office of the county recorder of the county in which the real property is located. d. The City shall include the following notice to consumers on any ADU or JADU unit submittal checklist or public information issued describing requirements and permitting for ADUs, including as standard condition of any ADU building permit or condominium plan approval:
“NOTICE: If you are considering establishing your primary dwelling unit and accessory dwelling unit as a condominium, please ensure that your building permitting agency allows this practice. If you decide to establish your primary dwelling unit and accessory dwelling unit as a condominium, your condominium plan or any future modifications to the condominium plan must be recorded with the County Recorder. Prior to recordation or

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Packet Pg. 508 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 29 modification of your subdivision map and condominium plan, any lienholder with a lien on your title must provide a form of written consent either on the condominium plan, or on the lienholder’s consent form attached to the condominium plan, with text that clearly states that the lender approves recordation of the condominium plan and that you have satisfied their terms and conditions, if any.

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

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

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

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Packet Pg. 509 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 30 record owner or ground lessor that the information in the consent above is true and correct.”

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

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

Section 9.31.035 Adaptive Reuse Projects
A. Purpose and Intent.

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

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Packet Pg. 510 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 31 B. Definitions.

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

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

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

C. Project Eligibility.

Qualifying projects must meet the following provisions:

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

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

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Packet Pg. 511 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 32 ii. Rear/Side Additions: In addition to subsection(C)(2)(b)(i), 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)(ii)(2) above, the adaptive reuse project may also add floor area through the enclosure of covered arcades, atria, paseos, walkways, and corridors located at the ground level, which were in existence as of December 31, 2024.

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

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

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

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Packet Pg. 512 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 33 a. Nonresidential land uses to Multiple-Unit Dwelling use, except that conversion of any existing Hotel and Motel uses shall be prohibited. b. Nonresidential land uses to Live-Work use in Nonresidential Districts only.
c. Any building in a Residential District that has never been utilized as a Multiple-Unit Dwelling use to Multiple-Unit Dwelling use. d. Notwithstanding any of the foregoing, any existing floor area may convert to an Extremely Affordable Adaptive Reuse Project, as defined in Government Code Section 65913.12, or 100% affordable housing projects.

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

D. Procedures

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

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

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

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

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Packet Pg. 513 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 34 4. Relationship to Chapter 9.56, Landmarks and Historic District Ordinance. Adaptive reuse projects for City-Designated Historic Resources must comply with Chapter 9.56 Landmarks and Historic Districts Ordinance. For special development standards for preservation of Historic Resources, refer to Section 9.01.050. For preservation incentives, refer to Section 9.56.270. For Modifications and Waivers available to designated historic resources, refer to Section 9.43.100(G).

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

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

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

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Packet Pg. 514 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 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, and the adaptive reuse project is outside 1/2 mile of a major transit stop, the adaptive reuse project is only required to maintain or replace at least 50% of the existing on-site parking serving an existing use. Minimum off-street parking requirements shall not apply to adaptive reuse projects located outside 1/2 mile of a major transit stop.
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).

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Packet Pg. 515 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 36 ii. Building Height. Additional height up to 24 feet shall not be counted toward the maximum height limits applicable for the parcel(s). 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, and the adaptive reuse project is outside 1/2 mile of a major transit stop, the adaptive reuse project is only required to maintain or replace at least 50% of the existing on-site parking serving an existing use. Minimum off-street parking requirements shall not apply to adaptive reuse projects located outside 1/2 mile of a major transit stop.
xi. Bicycle Parking. Long term and short term bicycle parking requirements shall not apply.

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Packet Pg. 516 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 37 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.

Section 9.31.110 Congregate Housing.

When developed as a group residential facility in any Residential District where group residential development is allowed, Congregate 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 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 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 external lighting is provided for security purposes, lighting shall comply with all objective standards set forth in Section 9.21.080, Lighting.

B. Security. The shelter shall provide security during hours of operation.

C. Length of Stay. 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

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5.H.a
Packet Pg. 517 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 38 alternative housing is available.

D. 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.

E. 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 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.

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Packet Pg. 518 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 39 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 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:

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Packet Pg. 519 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 40 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 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

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Packet Pg. 520 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 41 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.

9.31.180 Reserved
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).

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5.H.a
Packet Pg. 521 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 42 1. For market rate units:
a. At least 10% of the units shall be three-bedroom units; b. At least 10% of the units shall be two-bedroom units; c No more than 15% of the units shall be studio units;

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

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

B. Transportation Demand Management. Multiple-unit dwelling projects that meet the applicability established in Section 9.53.030 shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:

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

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5.H.a
Packet Pg. 522 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 43 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.

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 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.

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Packet Pg. 523 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 44 D. Consolidation of Parcels. Residentially zoned parcels eligible under this section that are associated with commercial uses shall be exempt from parcel consolidation restrictions in Section 9.21.030(B), Development on Multiple Parcels.

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

1. Maximum Allowable Density. Maximum allowable density shall be based solely on unit density calculations for the underlying residential district. Any additional density restrictions on maximum number of units for each district shall not apply. For parcels zoned R1, maximum allowable density shall be calculated based on 1 unit per 2,000 square feet of parcel area, or four units, whichever is greater.

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

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

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

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

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Packet Pg. 524 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 45 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 Residential Facilities as defined in Section 9.51.020(B)(10).

B. Location. Minimum distance requirements between Residential Facilities shall be limited to those set forth in 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

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5.H.a
Packet Pg. 525 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 46 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), 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 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.

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Packet Pg. 526 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 47 I. Facility Management. An SRO structure with 10 or more units shall provide fulltime on-site management. An SRO structure with fewer than 10 units shall provide a management office on-site.

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Packet Pg. 527 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 48 Chapter 9.34 Residential Unit Replacement Requirements

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

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

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

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

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

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

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Packet Pg. 528 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 49 B. For purposes of Government Code Section 65915(c)(3)(C), for any dwelling unit that is or was, within the five-year period preceding the application for a development project, subject to Santa Monica City Charter Article XVIII, the City’s Rent Control Law, and that is or was occupied by persons or families above lower income, the units shall be replaced in compliance with the Rent Control law. This requirement is exclusive of obligations under Chapter 9.64 and units to qualify for State Density Bonus Law.

C. Relationship to Other Laws and Requirements

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

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

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5.H.a
Packet Pg. 529 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 1 DIVISION 4: ADMINISTRATION AND PERMITS
Chapter 9.39, Administrative Approval
Chapter 9.49, Reasonable Accommodations

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Packet Pg. 530 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 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

9.19.020(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;
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;
e. Pursuant to Government Code Section 65583.2(c), any housing project as defined by 65589.5(h)(2) providing at least 20% of the onsite units as

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Packet Pg. 531 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 3 affordable units located on a nonvacant site that was identified in the 5th Cycle (2013-2021) Housing Element suitable sites inventory;.
f. Pursuant to Government Code Section 65583.2(h) and (i):
i. Housing projects proposed on a City-owned site, as identified in the 6th Cycle (2021-2029) Housing Element, where at least 20% of the project’s units are made affordable and available to lower income households and used to satisfy the City’s shortfall of lower income units identified in the 6th Cycle (2021-2029) Housing Element; or ii. Projects with at least 50% residential proposed on City-owned sites, where 20% of the project’s units are made affordable to lower-income households that are sold or leased and used to satisfy the City’s shortfall of lower income units as identified in the 6th Cycle (2021-2029) Housing Element; or
g. Adaptive Reuse Project, as defined in Section 9.31.035(B)(1).

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

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Packet Pg. 532 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 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. Non-housing projects consisting of new construction and new additions to existing buildings located in Residential and Nonresidential Districts no greater than 1,000 square feet.

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Packet Pg. 533 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 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, 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 a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate

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5.H.a
Packet Pg. 534 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 6 regulatory barriers and provide a person with a disability equal opportunity to use and enjoy a dwelling.

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:

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.

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 approval, permit, or entitlement under this Ordinance, it shall be acted upon prior to the associated application.

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5.H.a
Packet Pg. 535 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 7 9.49.040 Review Authority
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.

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.

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.

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Packet Pg. 536 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 8 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 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

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5.H.a
Packet Pg. 537 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 9 2. Determines that one or more of the findings set forth in 9.49.060(C) are established.

9.49.060 Findings and Decision
A. Written Decision. The Director shall issue a written decision approving or denying the request for a reasonable accommodation or modification, which shall include the Director’s findings pursuant to paragraphs B and C, below, and any other relevant information upon which the decision is based.

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

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

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

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

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

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

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Packet Pg. 538 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 10 C. Findings for Denial of a Request for a Reasonable Accommodation or Modification.

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

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

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

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

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

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

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

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Packet Pg. 539 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 11 9.49.070 Duration of Reasonable Accommodation
A. 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, any physical modification made pursuant to the approved request shall be removed within 60 days unless the Director 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

2. The modification is necessary to afford another individual with a disability equal opportunity to use the dwelling.

C. The Director may request the applicant or the successor(s)-in-interest to the property to verify that the modification is necessary to afford a subsequent occupants equal opportunity to use and enjoy a dwelling. Failure to provide the documentation within 30 days following the date of a request by the Director 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.

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Packet Pg. 540 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 1 DIVISION 5 GENERAL TERMS
Chapter 9.51, Use Classifications
Chapter 9.52, Terms and Definitions

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Packet Pg. 541 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 2 Chapter 9.51 USE CLASSIFICATIONS

9.51.020 Residential Use Classifications.

A. Residential Dwelling Types.

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

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

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

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Packet Pg. 542 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 3 of age or older, or a person at least 55 years of age who meets the qualifications found in Civil Code Section 51.3.

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

B. Housing Types for Specific Needs

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

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

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Packet Pg. 543 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 4 c. The housing includes 2 or more of the following amenities:
i. Maid and linen service.
ii. Health club, spa, pool, tennis courts, or memberships to area facilities.
iii. Business service centers.
iv. Meeting rooms.
v. Fully furnished units including a combination of some but not necessarily all of the following: furniture, appliances, housewares, bed linens, towels, artwork, televisions, entertainment systems, and computer equipment.
vi. Valet parking.

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

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

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

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

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Packet Pg. 544 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 5 and meets the definition of Employee Housing as defined by California Health and Safety Code 17008. Pursuant to Section 17021.5 of the California Health and Safety Code, for purposes of this Ordinance, employee housing shall be considered a single-unit dwelling.

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

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

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Packet Pg. 545 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 6 a. Senior Group Residential. A residential facility that provides residence for a group of residents 60 years of age or older with a central kitchen and dining facilities and a separate bedroom or private living quarters. See Division 3, Section 9.31.155, Group Residential, for further details.

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

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

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

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Packet Pg. 546 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 7 recovery from alcohol or drug addictions, and hospice facilities. See Division 3, Section

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

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

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Packet Pg. 547 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 8 longer. See Division 3, Section 9.31.330, Single Room Occupancy Structures, for further details.
a. Single-Room Occupancy Housing, Market-Rate. Multiple-unit residential buildings containing housing units that may have kitchen and/or bathroom facilities and are guest rooms or efficiency units as defined by the State Health and Safety Code. Each housing unit is occupied by no more than 2 persons and is offered on a monthly rental basis or longer. Single-room occupancy housing, market-rate shall not include any of the following:
i. 100% affordable housing project, as set forth in Section

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

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

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Packet Pg. 548 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 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.

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Packet Pg. 549 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 10 9.52.010 List of Terms
30% Income Household
50% Income Household
60% Income Household
80% Income Household
100% Affordable Housing Project
Abandoned, Abandonment
Abutting, Adjoining, or Adjacent
Access
Accessory Building
Accessory Dwelling Unit
Accessory Food Service
Accessory Structure
Accessory Use
Act of Nature
Affordable Rent
Alley
Alteration
Arcade
Area Median Income (AMI)
Artist
Attic
Awning

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Packet Pg. 550 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 11 Balcony
Base District
Base Height
Basement
Bathroom
Bay Window
Bedroom
Block
Buffer, Buffering
Building
Building, Accessory
Building, Principal
Building Code
Building Face
Building Envelope
Building Footprint
Building Height
Building Site
Build-To Line
California Department of Alcoholic Beverage Control (ABC) California Environmental Quality Act (CEQA)
Canopy
Car Sharing

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Packet Pg. 551 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 12 Carport
Change of Use
Clerestory
City
City Council
City Engineer
City-Designated Contributing Building or Structure
City-Designated Historic Resource
City-Designated Landmark
City-Designated Structure of Merit
Commercial Boulevard
Conditionally Permitted
Construction
Corner Build-To Area
County
Courtyard
Cripple Wall
Curb Cut
Daylight Plane
Deck
Demising Wall
Demolition
Development

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Packet Pg. 552 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 13 Development Agreement
Director
Disability
Discretionary Permit
District
Domestic Violence Shelter
Driveway
Dwelling
Dwelling Unit
Easement
Effective Date
Emergency
Entrance
Environmental Review
Environmental Impact Report (EIR)
Erect
Excavation
Façade
Façade, Street-Facing
Feasible
Fee
Fence
Floor Area

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Packet Pg. 553 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 14 Floor Area Ratio
Footprint
Frontage, Street
Garage
Semi-Subterranean Garage
Subterranean Garage
Garage Sales
General Plan
Glare
Government Code
Grade
Average Natural Grade
Existing Grade
Finished Grade
Segmented Average Natural Grade
Theoretical Grade
Ground Floor
Ground Floor Street Frontage
Habitation
Hazardous Materials
Height
Historic Resource
Historic Resources Inventory

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Packet Pg. 554 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 15 Home Occupation
Household
Housing Project
Illegal Use
Intensity of Use
Interactive Process
Intersection, Street
Junior Accessory Dwelling Unit
Kitchen
Landscape
Automatic Controller
Backflow Prevention Device
Groundcover
Hedge
Irrigation System
Landscaping
Moisture Sensing Device
Mulch
Plant Area
Lighting
Foot-Candle
Light Fixture
Shielded Fixture

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Packet Pg. 555 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 16 Lightwell
Living Quarters
Loading Space
Loft
Lot
Maintenance and Repair
Major Transit Stop
Manufactured Housing
Mezzanine
Mixed-Use Development
Mobile Home Park
Natural Disaster
Nonconforming Building
Nonconforming Structure
Nonconforming Use
Open Space
Open Space, Common
Open Space, Private
Open Space, Usable
Outdoor Sales, Temporary and Seasonal
Outdoor Storage
Overlay District
Parapet

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Packet Pg. 556 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 17 Parcel
Parcel, Corner
Parcel, Flag
Parcel, Key
Parcel, Reversed Corner
Parcel, Through
Parcel Area
Parcel Depth
Parcel Frontage
Parcel Line
Parcel Line, Front
Parcel Line, Rear
Parcel Line, Side
Parcel Width
Parking Facility
Accessory Parking
Long-Term Parking
Parking, Bicycle
Long-Term Bicycle Parking
Short-Term Bicycle Parking
Parking Space, Off-Street
Accessible Parking
Car Share Parking

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Packet Pg. 557 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 18 Independently-Accessible Parking
Shared Parking
Stacked Parking
Tandem Parking
Unbundled Parking
Valet Parking
Parking Structure
Semi-Subterranean
Subterranean
Patio
Paving
Permit
Permitted Use
Person
Person with a Disability
Planning Commission
Plaza
Podium
Port Cochere
Pre-Existing
Primary Use
Private Tennis Court
Project

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Packet Pg. 558 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 19 Public Land
Public Resources Code
Qualified Applicant
Ramp
Reasonable Accommodation
Reasonable Modification
Residential Use
Review Authority
Right-of-Way
Roof
Barrel Roof
Gambrel Roof
Hip Roof
Mansard Roof
Pitched Roof
Shed Roof
Roof Deck
Screening
Security Grate or Grilles
Senior Citizen
Setback
Setback, Front
Setback, Rear

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Packet Pg. 559 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 20 Setback, Side
Setback, Street Side
Sexually-Oriented Business
Shrub
Sidewalk
Sidewalk Café
Sign-Related Definitions
Site
Skylight
Solar Energy System
State Historical Building Code
Story
Street
Street Tree
Street Wall
Structural Alterations
Structure
Structure, Accessory
Structure, Main
Structure, Subterranean
Structure, Temporary
Subdivision
Swimming Pool

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Packet Pg. 560 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 21 Temporary Structure
Third Street Promenade Area
Tower
Trailer
Trash Screen/Enclosure
Unit
Use
Use, Accessory
Use, Primary
Use Classification
Use Permit
Use Type
Utilities
Vibration
View Corridor
Wall
Window
Primary Room Window
Secondary Room Window
Yard
Zoning Administrator
Zoning District

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Packet Pg. 561 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 22 9.52.020 Definitions
The following words or phrases as used in this Article shall have the following meanings:

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

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

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

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

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

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

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

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Packet Pg. 562 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 23 9.52.020.0070 Abutting, Adjoining, or Adjacent. Having a common property line or district line or separated only by an alley, path, private street, or easement.

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

9.52.020.0090 Accessory Building. See Building, Accessory.

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

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

9.52.020.0110 Accessory Structure. See Structure, Accessory.

9.52.020.0120 Accessory Use. See Use, Accessory.

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

9.52.020.0135 Affordable Rent. Affordable rent shall mean the following:

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

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

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Packet Pg. 563 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 24 C. For 80% income households whose gross incomes exceed the maximum incomes for 50% income households, the product of 30% times 60% of the area median income adjusted for household size appropriate for the unit.

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

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

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

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

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

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

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

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

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

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Packet Pg. 564 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 25 media works, literature, costume design, photography, architecture, music composition, and conceptual art;
C. A person who creates functional art, including, but not limited to, jewelry, rugs, decorative screens and grates, furniture, pottery, toys, and quilts;
D. A performer, including, but not limited to, singers, musicians, dancers, actors, and performance artists.

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

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

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

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

9.52.020.0210 Base District. See Zoning District.

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

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

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Packet Pg. 565 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 26 above Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade. Up to 4 wall surfaces of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade may be exposed above Finished Grade, so long as this exposure does not exceed 40% of each of these wall surface areas. Each wall surface area is calculated by multiplying the height by the length of the wall. In addition, the visible wall surface height of these walls shall not exceed 3 feet above Finished Grade, except for an entrance to a garage, which must be designed to the minimum feasible width and not exceed the maximum size requirements set forth in Chapter 9.28, or for any light well or emergency egress as required by the Building Code. A basement shall not be considered a story.

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

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

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

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

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

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

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Packet Pg. 566 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 27 9.52.020.0300 Building, Principal. A building in which the principal use of the parcel on which it is located is conducted.

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

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

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

9.52.020.0340 Building Footprint. See Footprint.

9.52.020.0350 Building Height. See Height.

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

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

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

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

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

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Packet Pg. 567 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 28 guidelines (California Code of Regulations Section 15000 et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

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

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

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

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

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

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

9.52.020.0460 City. The City of Santa Monica.

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

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

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

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Packet Pg. 568 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 29 9.52.020.0500 City-Designated Historic Resource. Any existing property or structure that is designated by the City as a Landmark, Structure of Merit, or a Contributor to a Designated Historic District.

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

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

9.56.090.

9.52.020.0530 Commercial Boulevard. Commercial boulevards shall include the following:

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

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

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

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

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Packet Pg. 569 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 30 9.52.020.0565 County. County of Los Angeles.

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

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

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

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

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

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

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

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

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Packet Pg. 570 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 31 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).

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

9.52.020.0690 District. See Zoning District.

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

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

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

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

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.

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Packet Pg. 571 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 32 9.52.020.0750 Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

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

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

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

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

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

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

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

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

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

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.

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Packet Pg. 572 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 33 9.52.020.0860 Fence. An artificially-constructed barrier of any material or combination of materials erected to enclose or screen an area of land.

Fences may also be walls, hedges and screen planting.

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

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

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

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

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

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

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

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

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

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.

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Packet Pg. 573 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 34 9.52.020.0970 Government Code. The Government Code of the State of California.

9.52.020.0980 Grade. The location of the ground surface.

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

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

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

9.52.020.1020 Segmented Average Natural Grade. See Division 1, Section

9.04.050(A)(2).

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

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

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

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

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

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.

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Packet Pg. 574 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 35 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.

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

A. Residential units only;
B. Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses do not exceed 33% of the total building square footage and are limited to the first two floors of buildings that are two or more stories.

C. Transitional or supportive housing.

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

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Packet Pg. 575 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 36 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.

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.

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Packet Pg. 576 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 37 9.52.020.1210 Hedge. A boundary or barrier of plant material formed by a row or series of shrubs, bushes, trees, or other similar vegetation that enclose, divide, or protect an area or that prevent a person from passing between any combination of individual shrubs, bushes, trees, or other similar vegetation.

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

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

See Section 9.26.060.

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

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

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

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

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

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Packet Pg. 577 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 38 shining on one square foot surface located one foot away. Equal to one lumen uniformly distributed over an area of one square foot.

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

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

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

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

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

9.52.020.1340 Loft. See Mezzanine.

9.52.020.1350 Lot. See Parcel.

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

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

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

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

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Packet Pg. 578 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 39 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. See Story.

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

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

9.52.020.1410 Natural Disaster. See Act of Nature.

9.52.020.1420 Nonconforming Building. See Nonconforming Structure.

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

9.52.020.1440 Nonconforming Use. An occupancy or activity that was established in compliance with the standards and requirements in effect at the time it commenced and has not been abandoned within the same structure or on the same parcel since that date but does not comply with all of the applicable provisions of this Article, including, but not limited to, permitted use, location, intensity, operational characteristics, performance standards or hours of operation. See Chapter 9.27, Nonconforming Uses and Structures.

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Packet Pg. 579 Attachment: CDD-Ord-6th Cycle HE Phase 2 2d 100824 (6684 : Housing Element 2 Implementation - Second Reading) 40 9.52.020.1450 Open Space.

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

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

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

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

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

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

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

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

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Santa Monica City CouncilOctober 8, 2024

Santa Monica City Council
October 8, 2024