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
Community Clinic L(6) - -
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 145
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Packet Pg. 1615 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Commercial Uses
Banks and Financial Institutions L(1) - -
Business Services L(1) - -
Commercial, Entertainment, and
Recreation See sub-classifications below.
Cinemas/Theaters - - MUP (3)
Convention and Conference
Centers P - -
Large-Scale Facility - - -
Small-Scale Facility - - - Section 9.31.340, Small-Scale Facility, Game Arcades
Eating and Drinking Establishments See sub-classifications below.
Restaurants, Full-Service L(1) L(2) L(2)
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.200, Outdoor Dining and
Seating on Sidewalks
Section 9.31.290, Restaurants with
Entertainment
Restaurants, Limited Service L(1) L(2) L(2)
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.200, Outdoor Dining and
Seating on Sidewalks
Section 9.31.290, Restaurants with
Entertainment
Restaurants, Take-Out Only L(1) L(2) -
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
With Outdoor Eating Areas L(1) L(2) L(2) Section 9.31.200, Outdoor Dining and Seating
Food Hall, (up to 175 seats) CUP CUP CUP
Food and Beverage Sales See sub-classifications below.
Convenience Markets L(1) - - Section 9.31.040, Alcoholic Beverage Sales Farmers Markets - P CUP
General Markets L(1) - - Section 9.31.040, Alcoholic Beverage Sales Live-Work L(1) - - Section 9.31.170, Live-Work Units
Lodging See sub-classifications below.
Hotels and Motels CUP - -
Offices See sub-classifications below.
Business and Professional L(4)/CUP L (3) -
Creative L(4)/CUP - -
Walk-In Clientele L(4)/CUP - -
Parking, Public or Private L(3) P L(5)
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
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Packet Pg. 1616 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Transportation, Communication, and Utilities Uses
Citywide Bikeshare Facility P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission
Towers CUP CUP - Chapter 9.32, Personal Wireless Service Facilities Equipment Within Buildings - P -
Utilities, Major - P -
Utilities, Minor - P -
Specific Limitations:
(1) Permitted as part of a mixed-use development.
(2) Permitted only as an accessory to a primary use. Must be located within the same building as a primary use. (3) Limited to public, quasi-public, or nonprofit establishments. (4) Public, quasi-public, and nonprofit offices are permitted. Conditional Use Permit required for private offices. (5) Limited to public parking for beach or park users.
(6) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met.
Section 9.15.030. Development Standards.
Table 9.15.030 prescribes the development standards for the Public and Semi-Public 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. Development standards for the Civic Center (CC) district are as prescribed in the Civic Center Specific Plan, which is hereby incorporated by reference. Where Zoning Ordinance provisions are not specifically addressed by the Civic Center Specific Plan, the Zoning Ordinance shall apply. Where there is a conflict between compliance with the Civic Center Specific Plan and the Zoning Ordinance, the Civic Center Specific Plan shall control except where the conflicting Zoning Ordinance provision was adopted through voter initiative in which case the initiative shall control.
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Packet Pg. 1617 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) TABLE 9.15.030: DEVELOPMENT STANDARDS—PUBLIC AND PARK DISTRICTS Standard PL OS Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq. ft.) 20,000 5,000
Building Form and Location
Maximum Building Height
(stories/ft.)
2/32′ 2/28′; 1/20′ west of the
centerline of Ocean
Avenue and Barnard
Way
Section 9.04.050, Measuring
Height
Minimum Setbacks (ft., measured from property line)
Street Frontage 10′ 20′
Interior Side and Rear 10′; 15′ when
abutting a residential
district
10′
Maximum FAR Parcel Coverage
(% of a parcel)
NA 0.5; 0.25 west of the
centerline of Ocean
Avenue and Barnard
Way25’
Section 9.04.090, Determining
Floor Area Ratio in NonResidential Zoning District
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 Exceptions to Height Limits Section 9.21.060, Height Exceptions Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Landscaping Section 9.15.030(A), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required
Setbacks
Section 9.21.110, Projections into Required Setbacks
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Trash Screening and Enclosure Section 9.21.130 Resource Recovery and Recycling Standards A. Planting Areas, Public District. In the Public and Semi-Public Districts, the following landscaping requirements apply.
1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall consist of planting areas, landscape, or pedestrian amenities.
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Packet Pg. 1618 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
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 areas adjoining a driveway, and a nonresidential accessory structure may occupy a portion of the planting area in a rear setback area.
Chapter 9.16 A OFF-STREET PARKING OVERLAY DISTRICT
9.16.070. Development Standards for Below Grade Parking Structure Facilities.
A. Side Yard Setback. The side yard shall be 5 feet for any underground parking facility. No side yard shall be required adjacent to a commercially zoned parcel or another “A” designated parcel in commercial parking use.
Parking structures located below grade shall be exempt from the floor area ratio parcel coverage and setback requirements provided that there remains an unexcavated area 5 feet in width along the side property line that abuts a residentially zoned parcel which shall contain landscaping pursuant to the provisions of Chapter 9.26, Landscaping. 149
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Packet Pg. 1619 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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 150
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Packet Pg. 1620 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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:
151
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Packet Pg. 1621 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
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. 1622 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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 complete a form provided by the Director prepare a technical memorandum that prescribes the required describes the effectiveness of design features 153
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Packet Pg. 1623 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) to reduce exposure to diesel particulate matter (DPM) as a part of the early project design process. Such form 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. 154
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Packet Pg. 1624 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
DIVISION
3 GENERAL REGULATIONS
Chapter 9.21, General Site Regulations
Chapter 9.22, Density Bonus
Chapter 9.25, Demolition and Relocation
Chapter 9.27, Nonconforming Uses and Structures
Chapter 9.31, Standards for Specific Uses and Activities 155
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Packet Pg. 1625 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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 4 6 feet from the principal building or if connected to it by fully enclosed space. 156
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Packet Pg. 1626 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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:
157
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Packet Pg. 1627 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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 158
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Packet Pg. 1628 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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. 159
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Packet Pg. 1629 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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. 160
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Packet Pg. 1630 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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. 161
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Packet Pg. 1631 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
2. Common Outdoor Living Area.
a. Ground Floor or Podium Level. Common outdoor living area located on the ground or podium level shall provide one space that is at least 400 square feet with minimum dimensions of 20 feet in width and 15 feet in length. b. Upper Story. Common outdoor living area located on an upper-story shall be no less than 10 feet in width and 10 feet in length. c. Roof Decks. Common outdoor living area located on a roof shall be subject to the following limitations and requirements:
i. Parcels less than 15,000 square feet: No size limitation, but any provided open space shall be no less than 10 feet in width and 10 feet in depth. ii. Parcels greater than 15,000 square feet: No more than 50% of provided common open space can be located on a roof and shall be no less than 10 feet in width and 10 feet in depth.
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. 1632 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) F. Substitution of Private Outdoor Living Area for Certain Housing Projects.
1. 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.
2. Multiple-Unit Dwelling Projects within the Air Quality Assessment Zone. For projects subject to Section 9.31.195(C), and consistent with Mitigation Measure MM AQ-2 as set forth in the 6th Cycle Housing Element Environmental Impact Report, dwelling units facing Interstate 10 or State Route 1 that are prohibited from providing outdoor spaces 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. 1633 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) CHAPTER 9.22 DENSITY BONUS
9.22.030 Definitions
As used in this Chapter:
A. “Affordable housing cost” means affordable housing cost as defined in Health and Safety Code Section 50052.5.
B. “Affordable rent” means affordable rent as defined in Health and Safety Code Section 50053.
C. “Childcare facility” means a child daycare facility other than a family day care, including, but not limited to, infant centers, preschools, extended daycare facilities and school age childcare centers.
D. “Common interest development” means common interest development as defined in Civil Code Section 4100.
E. “Concession or incentive” means any of the following:
1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part
2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).
164
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Packet Pg. 1634 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
3. Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).
F. “Density bonus” means a density increase over the otherwise maximum allowable gross residential density as of the date of application for first planning entitlement or permit, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.
G. “Development standard” means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite openspace requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.
H. “Housing development” means a development project for five or more residential units, including a mixed-use development. For purposes of this Chapter, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by the City and consists of residential units or 165
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Packet Pg. 1635 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units.
I. “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.
J. “Lower income households” means lower income households as defined by Health and Safety Code Section 50079.5.
K. “Major transit stop” shall mean a major transit stop as defined in Public Resources Code Section 21155(b).
L. “Maximum allowable residential density” or “base density” means the greatest number of units allowed under the Zoning Ordinance, Article IX of this Municipal Code (the “Zoning Ordinance”), specific plan, or the Land Use and Circulation Element (LUCE), or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning district, as set forth in Division 2 of the Zoning Ordinance, specific plan, or the LUCE applicable to the project. If a housing development is subject to tiered development standards, the “maximum allowable residential density” or “base density” shall mean the greatest number of units allowed at the selected tier. 166
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Packet Pg. 1636 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) M. “Moderate-income households” means moderate-income households as defined in Health and Safety Code Section 50053.
N. “Persons and families of moderate income” means persons and families of moderate income as defined in Health and Safety Code Section 50093.
O. “Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.
P. “Shared housing unit” means
1. One one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.
2. For purposes of a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, includes a unit without an individual 167
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Packet Pg. 1637 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) kitchen where a unit may be shared by unrelated persons, and a unit where a room that may be shared by unrelated persons meets the “minimum room area” requirements of subsection (1), above.
Q. “Student housing development” means a development that contains bedrooms containing two or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen.
R. “Total units” or “total dwelling units” means a calculation of the number of units that:
(i) Excludes unit(s) added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus; and
(ii) Includes unit(s) designated to satisfy the requirements of Chapter 9.64, Affordable Housing Production Program.
(iii) For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.
S.R. “Very low income households” means very low income households as defined in Health and Safety Code Section 50105.
T.S. “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes 168
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Packet Pg. 1638 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.
9.22.040 Eligibility
A. Except as set forth in subsection B, a housing development project shall be eligible for a density bonus and additional incentives, concessions, waivers or reductions of development standards, and parking ratios as set forth in this Section.
1. The City will grant one density bonus, the amount of which shall be specified in Section 9.22.050, and, if requested by the applicant and consistent with the applicable requirements of this Chapter, incentives and concessions, as set forth in Section
9.22.060(A) and (B), waivers or reductions of development standards, as set forth in Section 9.22.070, and parking ratios, as described in Section 9.22.060(C), to the applicant of a housing development when the applicant seeks and agrees to construct a housing development project that will, excluding any units permitted by the density bonus awarded pursuant to this Chapter, contain at least any one of the following:
a. 10% of the total units of the housing development, including shared housing building development, for lower income households; b. 5% of the total units of the housing development, including shared housing building development, for very low income households; c. A senior citizen housing development as defined in Section 51.3 and
51.12 of the Civil Code or a qualifying mobile home park that limits residency based 169
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Packet Pg. 1639 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) on age requirements for older persons pursuant to Section 798.76 or 799.5 of the Civil Code, including a shared housing building development meeting this criteria and a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code;
d. 10% of the total units of a housing development are sold to persons and families of moderate income, provided that all units in the development are offered to the public for purchase;
e. 10% of the total units of a housing development for transitional foster youth, as defined by Section 66025.9 of the Education Code, disabled veterans, as defined by Section 18541 of the Government Code, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) affordable at the same level as very low income units; f. 20% of the total units for lower income students in a student housing development that meets the requirements of Government Code Section 65915(b)(1)(F);
g. 100% of all units in the development, or shared housing building development, including total units and density bonus, but exclusive of manager’s unit or units, are for lower income households, except that up to 20% of the units in the development, including total units and density bonus units, may be for moderate-income households; or
h. 100% Affordable Housing Projects as defined in Section
9.52.020.0050.
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Packet Pg. 1640 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
2. Land Donations. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City in accordance with Government Code Section 65915(g) shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(g).
3. Housing Development with Childcare Facility. An applicant that proposes to construct a housing development that conforms to the requirements of subsection (A)(1) and that also includes a childcare facility that will be located on the premises of, as part of, or adjacent to the project shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(h).
B. Notwithstanding subsection A, an applicant that submits an application for housing development, including a planning entitlement or permit, shall be ineligible for a density bonus or any other incentive or concession under this Chapter if the housing development is proposed on a property that includes a parcel or parcels that contains: (1) rental dwelling units that are located, or, if the dwelling units have been vacated or demolished in the 5-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of lower or very low income; (2) rental units that are controlled rental units pursuant to City Charter Section 1800 et seq., subject to Civil Code Section 1947.12, or subject to any other form of State or local rent or price control; or (3) units occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:
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Packet Pg. 1641 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
1. The proposed housing development, inclusive of the units replaced pursuant to this Section, contains affordable units at the percentages set forth in Section
9.22.050(B).
2. Each unit in the development, exclusive of manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.
C. For purposes of this Section, “replace” shall mean either of the following:
1. If any dwelling units described in this Section are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.
For unoccupied dwelling units described in subsection A in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the 172
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Packet Pg. 1642 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.
All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, the replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with Section 9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).
2. If all dwelling units described in subsection A have been vacated or demolished within the 5-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the 5-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental, the replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with 173
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Packet Pg. 1643 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) subsection 9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).
3. Notwithstanding paragraphs (1) and (2), for any dwelling unit described in subsection A that is or was, within the 5-year period preceding the application, a controlled rental unit pursuant to City Charter Section 1800 et seq., a rental unit subject to Civil Code Section 1947.12, or a rental unit subject to any other form of State or local rent or price control, and that is or was occupied by persons or families above lower income, replacement units must be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units shall be replaced subject to Government Code Section 65915(c)(2).
4. For purposes of this Section, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced.
9.22.050 Density Bonus
A. An eligible applicant under Section 9.22.040 may seek a density bonus in the amounts set forth in this Section and in accordance with the procedures set forth in Section 9.22.080. Applicants may request a lesser percentage of density increase than that which is available for a housing development under this Section, including, but not limited to, no increase in density; however, the City shall not be required to similarly reduce the number of units required to be dedicated pursuant to this Section and Government Code Section 65915(b).
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Packet Pg. 1644 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) B. Determining Density Bonus Percentage. Subject to the provisions of subsection 7, below, the number of density bonus units to be granted shall be determined as follows:
1. For housing developments that meet the criteria of Section
9.22.040(A)(1)(a), the density bonus shall be calculated as follows:
Percentage Low-Income Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
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Packet Pg. 1645 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
2. For housing developments that meet the criteria of Section
9.22.040(A)(1)(b), the density bonus shall be calculated as follows:
Percentage Very Low Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
3. For housing developments that do not meet the criteria set forth in subsections 1 and 2, above, the density bonus shall be calculated as follows:
a. For housing developments that meet the criteria of Section
9.22.040(A)(1)(c), the density bonus shall be 20% of the number of senior housing units.
b. For housing developments that meet the criteria of Section
9.22.040(A)(1)(e), the density bonus shall be 20% of the number of the type of units giving rise to a density bonus under that paragraph. c. For housing developments that meet the criteria of Section
9.22.040(A)(1)(f), the density bonus shall be calculated as follows: 35% of the student housing units.
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Packet Pg. 1646 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) Percentage Lower-Income Units Percentage Density Bonus
20 35
21 38.75
22 42.5
23 46.25
24 50
d. For 100% Affordable Housing Projects or housing developments that meet the criteria of Section 9.22.040(A)(1)(g), the following shall apply:
i. Except as otherwise provided in clause (ii), the density bonus shall be 80% of the number of units for lower income households. ii. If the housing development is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, there shall be no maximum control on density.
4. For housing developments that meet the criteria of Section
9.22.040(A)(1)(d), the density bonus shall be calculated as follows:
Percentage Moderate-Income Units Percentage Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
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Packet Pg. 1647 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) Percentage Moderate-Income Units Percentage Density Bonus 18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
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Packet Pg. 1648 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
5. Housing developments that meet the criteria of Section 9.22.040(A)(1) are eligible for an additional density bonus as set forth in this subsection. a. To be eligible for an additional density bonus, a housing development shall meet the following requirements:
i. The resulting housing development would not restrict more than 50% of the total units to moderate-income, lower income, or very low income households;
ii. The housing development includes additional rental or forsale units affordable to very low income households or moderate income households, and meets any of the following requirements:
A. Conforms to the requirements of Section 9.22.040(A)(1)(a) and provides 24 percent of the total units to lower income households.
B. Conforms to the requirements of Section 9.22.040(A)(1)(b) and provides 15 percent of the total units to very low income households.
C. Conforms to the requirements of Section 9.22.040(A)(1)(d) and provides 44 percent of the total units to moderate-income households.
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Packet Pg. 1649 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) b. For housing developments that meet the criteria above, the additional density bonus shall be calculated using one of the following tables:
Additional Percentage Very Low Income
Units
Additional Percentage Density Bonus
5 20
6 23.75
7 27.5
8 31.25
9 35
10 38.75
Additional Percentage Moderate-Income
Units
Additional Percentage Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.78
13 42.5
14 46.25
15 50
c. The increase required by this subsection shall be in addition to any increase to density granted by Section 9.22.050(A)(1-4). 180
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Packet Pg. 1650 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) d. The additional density bonus granted under this subsection shall be calculated using the number of units excluding any density bonus awarded by this Chapter.
6. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City in accordance with Government Code Section 65915(g) shall be entitled to a density bonus as provided by Government Code Section 65915(g).
7. To calculate density bonus for housing developments that provide onsite affordable units in accordance with Chapter 9.64, Affordable Housing Production Program, onsite affordable units required by Chapter 9.64 for housing development projects consisting of 20 units or more, shall be counted as very low-income units.
C. Calculating Base Density
1. In residential districts, the maximum allowable residential or base density, as defined in 9.22.030(L), shall be determined using dwelling units per acre. All base density calculations resulting in fractional units will be rounded up to the next whole number.
2. Except as provided in subsection (3) below, in non-residential districts which do not provide a dwelling-units-per-acre standard for density, the maximum allowable residential or base density shall be calculated by:
a. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space 181
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Packet Pg. 1651 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) requirements, minimum percentage or square footage of any non-residential component, and parking requirements, unless not required for the base project.
Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. Applicants may provide a base density study which the City shall accept, provided that it includes all applicable objective development standards.
b. Maintaining the same average unit size and other project details relevant to the base density study, except those development standards or requirements that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.
c. All base density calculations resulting in fractional units will be rounded up to the next whole number.
3. Notwithstanding subsection (2), for any housing development subject to tiered development standards, the maximum allowable residential density shall be based on the maximum number of units allowed for the selected tier in the zoning district. The maximum allowable residential or base density shall be calculated by:
a. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any non-residential component, and parking requirements, unless not required for the base project.
Parking requirements shall include considerations regarding number of spaces, 182
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Packet Pg. 1652 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) location, design, type, and circulation. Applicants may provide a base density study which the City shall accept, provided that it includes all applicable objective development standards.
b. Maintaining the same average unit size and other project details relevant to the base density study, except those development standards or requirements that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.
D. Calculating Density Bonus.
1. Density bonus shall be calculated by the following formula:
Density bonus = base density X percentage density bonus granted Eligibility for any additional density bonus granted under Section 9.22.050(B)(5) shall require first calculating the maximum density bonus granted by Section
9.22.050(B)(1-4).
2. Except as provided in Section 9.22.050(B)(5), for purposes of calculating the amount of the density bonus pursuant to subsection B, a housing development is entitled to only one density bonus over maximum allowable residential density or base density. An applicant who requests a density bonus must elect whether the bonus shall be awarded on the basis of Section 9.22.040(A)(1)(a), (b), (c), (d), (e), (f), (g), or (h).
Density bonuses from more than one category may not be combined.
3. All density calculations resulting in fractional units will be rounded up to the next whole number.
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Packet Pg. 1653 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
4. For purposes of calculating a density bonus pursuant to subsection B for a shared housing building, “unit” means one shared housing unit and its pro-rated share of associated common area facilities.
5. For purposes of calculating a density bonus pursuant to subsection B, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.
E. Continued Affordability. Prior to issuance of a building permit, an applicant shall agree to continued affordability of restricted affordable units in accordance with Government Code Section 65915(c) and Section 9.64.130, of Chapter 9.64 Affordable Housing Production Program, and the Administrative Guidelines adopted thereto. 184
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Packet Pg. 1654 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
9.22.060 Incentives and Concessions for Affordable Housing A. An eligible applicant under Section 9.22.040 may request the following numbers of incentives or concessions in accordance with the procedures set forth in Section
9.22.080:
Minimum Percentage of Affordable Units Number of Incentives and Concessions Permitted
• 5% Very Low,
• 10% Low, or
• 10% Moderate in for-sale developments, or
• 20% of the total units for lower income students in
a student housing development that meets the
requirements of Government Code Section
65915(b)(1)(F).
1 • 10% Very Low,
• 17% Low, or
• 20% Moderate in for-sale developments, or
• 23% of the total units for lower income students in
a student housing development that meets the
requirements of Government Code Section
65915(b)(1)(F).
2 • 15% Very Low,
• 24% Low, or
• 30% Moderate in for-sale developments
3 • 16% Very Low, or
• 45% Moderate in for-sale developments 4
• 100% Affordable Housing Projects or projects
meeting the criteria of Section 9.22.040(A)(1)(g) 5
To calculate the number of incentives and concessions for housing development projects consisting of 20 units or more that provide onsite affordable units in accordance with Chapter 9.64, Affordable Housing Production Program, onsite affordable units required by Chapter 9.64 shall be counted as very low-income units.
B. By-Right Incentives or Concessions. Without following the procedures in Section 9.22.080, the Director shall approve requested incentives and concessions as follows:
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Packet Pg. 1655 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
1. For housing developments in residential zones:
a. Up to a 15% deviation from one side setback requirement. b. Up to a 10% increase in floor area. parcel coverage per floor and/or story (one concession per floor and/or story).
c. Up to a 15% deviation from rear setback requirements. d. Up to one additional story and six feet of building height.
2. For housing developments in all non-residential zones:
a. Up to an additional 11 feet of Building Height.
b. Up to a 10% reduction in Minimum Ground Floor height. c. Up to a 50% decrease in private outdoor living area per unit, provided that an equivalent amount is substituted for common outdoor living area. d. Up to a 5% decrease in unit mix requirement for market rate units only.
e. Up to a 10% decrease in residential parking requirement. f. Up to a 10% decrease in long-term residential bicycle parking. g. Additional floor area to accommodate the density bonus units based on project’s average unit size.
3. In addition to the above, for 100% Affordable Housing Projects or projects meeting the criteria of Section 9.22.040(A)(1)(g) located within one-half mile of a major transit stop or located in a very low vehicle travel area in a designated county:
a. Height increase of up to three additional stories, or 33 feet. This shall not count towards one of the five incentives or concessions available for 100% 186
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Packet Pg. 1656 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) Affordable Housing Projects or projects meeting the criteria of Section
9.22.040(A)(1)(g).
C. By Right Parking Incentives. In addition to the above, an eligible project under Section 9.22.040 shall be entitled to the parking incentives set forth in Government Code Section 65915(p).
D. Nothing in this Section limits or requires the provision of direct financial incentives for a housing development, including the provision of publicly owned land by the City or the waiver of fees or dedication requirements.
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Packet Pg. 1657 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) CHAPTER 9.25 DEMOLITION AND RELOCATION
Section 9.25.050 Relocation of Buildings and Structures.
Buildings and structures may be relocated if the following requirements are met:
A. In addition to meeting the requirements of Section 9.25.040, the relocated structure shall comply with all regulations of this Ordinance including the property development standards for the Zoning District in which the structure is to be relocated, including building height, setback, floor area ratio parcel coverage, and unit density requirements. However, if the relocated structure is a City-designated landmark or structure of merit, the Landmarks Commission may approve a Certificate of Appropriateness authorizing nonconforming setbacks and site orientation on the new lot.
B. Construction or rehabilitation related to the structure proposed to be relocated shall commence within 30 days and shall be completed within 365 days of the date the structure is relocated onto the property.
C. Prior to issuance of a building permit, a notice of intent to relocate approved as to form by the Building Officer shall be posted on the parcel where the building is to be relocated.
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Packet Pg. 1658 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) CHAPTER 9.27 NONCONFORMING USES AND STRUCTURES
Section 9.27.050 Legal Nonconforming Uses.
A legal, nonconforming use may be maintained subject to the following provisions:
A. Change of Ownership. A change of ownership, tenancy, or management of a nonconforming use shall not affect its status as a legal, nonconforming use.
B. Abandonment. If a nonconforming use of a building, structure, or parcel ceases for a continuous period of one year or more, the use shall be considered abandoned, and the building, structure, or parcel shall thereafter be used only in accordance with the regulations for the District in which it is located except as provided below. It is the responsibility of the applicant to provide evidence demonstrating to the satisfaction of the Director that the use was legally established and has not been abandoned. Notwithstanding the above, no nonconforming residential use shall be considered abandoned regardless of the length of time of non-use unless the Director determines the building is dangerous, unsafe, a health and safety hazard, and/or uninhabitable, and these conditions cannot be remedied.
1. The one-year period to determine that a nonconforming use has been abandoned shall commence when the use ceases and any one of the following occurs:
a. The business license lapses;
b. The site is vacated;
c. The lease is terminated;
d. Utilities are terminated; or
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Packet Pg. 1659 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) e. A conforming use that meets the applicable requirements of this Ordinance is lawfully established in the space previously occupied by the nonconforming use.
2. Once the one-year period has commenced under subsection (B)(1) that period shall only be terminated if the nonconforming use is fully licensed, permitted, and operational for 60 continuous days. Operational shall mean that the nonconforming use is open for business to the public and provides services typically associated with the nonconforming use during the hours and days that are customary for that nonconforming use.
3. Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires before the use resumes, the one-year period under subsection (B)(1) shall relate back and commence with the cessation of use.
4. Except as provided in subsection (B)(5), no nonconforming use may be resumed, reestablished, or reopened once it has been determined to have been abandoned for one year.
5. If the nonconforming use of a building, structure, or parcel occurred in a City-designated Historic Resource, the nonconforming use may be resumed, reestablished, or reopened even if that nonconforming use has been abandoned for more than one year and other uses have occurred since that abandonment if a Conditional Use Permit is obtained based on the following findings:
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Packet Pg. 1660 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) a. The City-designated Historic Resource was not in residential use as of December 16, 2014;
b. The proposed use is compatible with existing and permissible land uses within the District and the general area in which the proposed use is to be located;
c. The proposed use is compatible with any of the land uses presently on the subject parcel if the land uses are to remain; d. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood; e. The subject parcel is physically suitable for the type of land use being proposed; and
f. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare.
6. Notwithstanding the foregoing, or anything to the contrary in this Ordinance, the following legal, nonconforming uses may be resumed, reestablished, or reopened, even if that nonconforming use has been abandoned for more than one year, unless a conforming use that meets the applicable requirements of the Zoning Ordinance has been lawfully established in the space previously occupied by the nonconforming use:
a. In areas excluding the Third Street Promenade Area:
i. Restaurant, full service,
ii. Restaurant, limited service and take-out,
iii. Food hall,
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Packet Pg. 1661 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) iv. General retail sales, small scale, and
v. General retail sales, medium scale;
b. In the Third Street Promenade Area:
i. Bar/nightclub/lounge,
ii. Restaurant, full service,
iii. Restaurant, limited service and take-out,
iv. Food hall,
v. General retail sales, small scale, and
vi. General retail sales, medium scale.
C. Conversion to Conforming Use. If a nonconforming use is converted to a conforming use, the nonconforming use may not be resumed except as authorized by subsection (B)(5).
D. Expansion of Nonconforming Use. A nonconforming use of a building or portion of a building that conforms to the development standards of this Chapter shall neither be expanded into any other portion of the building nor changed except to a conforming use. The nonconforming use of land shall not be expanded or extended in area, except that outdoor dining areas and other outdoor spaces permitted pursuant to Sections 9.31.199, Outdoor Commercial Uses on Private Property, and 9.31.200, Outdoor Dining and Seating on Sidewalks, shall not be considered an expansion in area for the purposes of this subsection.
E. Intensification of Uses. A nonconforming use shall not be permitted to substantially change in mode or character of operation. A substantial change in mode or character of operation shall include, but is not limited to, addition of uses, a change 192
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Packet Pg. 1662 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) in operational hours that extends past 11:00 p.m. any night Sunday through Thursday and/or midnight on Friday and/or Saturday or begins before 7:00 a.m., a 5% increase in the floor area of the premises, or a 5% increase in the number of seats in any restaurant, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.
F. Continuation/Reinstatement. The uses existing in a structure that have been restored pursuant to Section 9.27.040 may be continued/reinstated in the reconstructed/replacement structure so long as no continued/reinstated nonconforming uses are expanded, changed or substituted.
G. Legal, Nonconforming Rent-Controlled Multiple-Unit Properties.
Notwithstanding subsection (D), existing multi-unit residential units in the R1 SingleUnit Residential District that are presently controlled by Article XVIII of the City Charter may be expanded in area provided such expansion complies with all other applicable Code provisions, including those governing height, number of stories, setbacks, stepbacks, floor area ratio, parcel coverage and off-street parking (unless the City's Parking and Traffic Engineer determines that the provision of parking is not feasible), and the number of housing units on the multi-unit residential property does not increase.
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Packet Pg. 1663 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) CHAPTER 9.31 STANDARDS FOR SPECIFIC USES AND ACTIVITIES Section 9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units 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 diverse housing choices in the City. This section shall not be considered in the application of any City ordinance, policy, or program to limit residential growth. Notwithstanding the accessory building and 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.
B. Definitions. The following words or phrases as used in this Section shall have the following meanings:
1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary residence.
It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom as those terms are defined, on the same parcel as the single-unit or multiple-unit dwelling is or will be situated. An ADU also includes the following:
a. An efficiency unit.
b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
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Packet Pg. 1664 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same parcel.
3. “Detached” means a separation of 4 feet between an ADU and a primary unit measured from exterior walls. Detached ADUs may be attached to other detached accessory structures or detached ADUs.
4. “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
5. “Junior accessory dwelling unit” or “JADU” means a unit that is no more than 500 square feet in size and contained entirely within a single-unit dwelling. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
6. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
7. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
8. “Local agency” means a city, county, or city and county, whether general law or chartered.
9. “Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.
10. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. 195
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Packet Pg. 1665 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
11. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
12. “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.
13. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
14. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
15. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
C. Consistency with General Plan, Zoning, and Allowable Density. An ADU or JADU that conforms to all standards of this Section 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.
D. ADUs and JADUs Permitted By-Right. An ADU or JADU that conforms to all standards of this Section shall be permitted by-right, and, consistent with subsection G, below, shall be considered and approved ministerially without discretionary review or a hearing.
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Packet Pg. 1666 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) E. 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.
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.
F. Application of Generally Applicable Municipal Code Provisions. An ADU or JADU shall conform to the land use regulations and development standards of this Section and all other applicable provisions of this Municipal Code, including, but not limited to, the provisions of Article VIII, Building Regulations.
G. Procedures. Applications for ADUs and JADUs shall be considered and approved ministerially without discretionary review or a hearing in accordance with this subsection as follows:
1. The City shall either approve or deny the application to establish an ADU or a JADU within the following timeframes:
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Packet Pg. 1667 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) a. On Parcels with an Existing Single-Unit or Multiple-Unit Dwelling.
The City shall approve or deny an application for an ADU or JADU within 60 days from the date the City receives a completed application. b. On Parcels with a Proposed Single-Unit or Multiple-Unit Dwelling.
The City shall approve or deny an application for an ADU or JADU that is submitted with an application to create a new single-unit or multiple-unit dwelling at the same time the City approves or denies the application to create the new single-unit or multiple-unit dwelling. The application to establish the ADU or JADU shall be considered without discretionary review or hearing.
c. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
d. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.
2. If the City denies an application for an ADU or JADU, the City shall, within the time periods described in subsection (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
3. The City shall not deny an application for a permit to create an ADU or JADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU.
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Packet Pg. 1668 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) H. Maximum Number of ADUs and JADUs. The maximum number of ADUs and JADUs that may be permitted on a single parcel utilizing I and/or J, below, shall be as follows:
1. ADUs and JADUs in Conjunction with Single-Unit Dwellings:
a. One converted ADU pursuant to (I)(1)(a) or (J)(1)(a); b. One JADU pursuant to (I)(1)(b) or (J)(1)(a);
c. One detached ADU pursuant to (I)(1)(c) or (J)(1)(b); and d. One ADU pursuant to (I)(1)(d).
2. ADUs and JADUs in Conjunction with Multiple-Unit Dwellings a. One ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater, established within existing non-livable space pursuant to (I)(2)(a) or (J)(1)(c); and
b. Up to two detached ADUs on a parcel with a proposed multiple-unit dwelling, or up to eight detached ADUs are permitted on a parcel with an existing multiple-unit dwelling, not to exceed the number of existing units, pursuant to (I)(2)(b) or (J)(1)(d).
I. Santa Monica Permitted ADUs and JADUs
This subsection establishes standards and requirements for ADUs and JADUs that are not seeking approval under subsection J, below. This subsection sets forth standards and requirements that are a bonus in addition to State law minimums to encourage and incentivize the production of diverse housing choices in the highest opportunity areas of the City, and to meet the goals and needs identified in the 6th Cycle Housing Element. 199
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Packet Pg. 1669 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
1. ADUs and JADUs in Conjunction with Single-Unit Dwellings. All ADUs and JADUs established pursuant to this subsection shall be permitted on a single parcel. a. Converted ADUs. One ADU is permitted per parcel with a proposed or existing single-unit dwelling if all of the following apply:
i. The ADU is within: (1) the proposed space of a single-unit dwelling; (2) existing space of a single-unit dwelling; or (3) an existing attached or detached accessory structure.
ii. Expansion of Existing Footprint.
(a) An ADU that is established by converting floor area of an existing single-unit dwelling or an attached or detached accessory structure that is located in the front setback may only expand the footprint up to 150 square feet into the front setback to accommodate ingress and egress. The minimum size of the proposed ADU shall be 150 square feet of floor area and no setbacks shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.
(b) An ADU that is established by converting floor area of an existing single-unit dwelling or an attached or detached accessory structure that is not located within the front setback may expand the footprint if the addition or enlargement is made to conform to all standards set forth in subsections iii through vii, below. 200
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Packet Pg. 1670 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) iii. Setbacks.
(a) Front Setback. The front setback of the underlying
zoning district shall apply, except as provided in (c), below. (b) Side and Rear Setbacks. 4 feet, except as provided in (c), below.
(c) Notwithstanding (a) and (b), above, no setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.
iv. Minimum Size. The minimum size of an ADU is 150 square feet of floor area.
v. Maximum Size. The following unit size limits apply to ADUs:
(a) The maximum size of studio or one-bedroom ADU is
850 square feet of floor area.
(b) The maximum size of an ADU with more than one
bedroom is 1,200 square feet of floor area.
(c) Single-Unit Dwelling Conversion. Notwithstanding any of the foregoing, 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 (a) and (b), above, whichever is less.
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Packet Pg. 1671 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) (d) Detached Accessory Structure Conversion.
Notwithstanding any of the foregoing, the maximum size of the ADU shall be limited to the existing floor area, as permitted to expand pursuant to (ii), above.
vi. Height.
(a) An ADU within an existing or proposed single-unit
dwelling shall comply with the height limitations of the underlying zoning district for the primary dwelling unit.
(b) A detached ADU shall not exceed two stories or 24 feet in height.
vii. Design standards.
(a) The ADU has exterior access from the proposed or
existing single-unit dwelling.
(b) No interior access between an ADU and primary unit or accessory structure not associated with the ADU is permitted. (c) Stepback standards of the underlying zoning district shall apply to ADUs established within the proposed or existing space of a single-unit dwelling.
(d) Upper-story outdoor space standards of the underlying zoning district shall apply.
b. JADU. One JADU is permitted per parcel with a proposed or existing single-unit dwelling if the JADU complies with the requirements of subsection K, below, and if all the following apply:
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Packet Pg. 1672 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) i. The JADU is within: (1) the proposed or existing space, including an attached accessory structure, of a single-unit dwelling pursuant to (ii), below, or (2) a newly constructed addition to an existing single-unit dwelling pursuant to (iii), below.
ii. Standards and Requirements for JADUs within the Proposed or Existing Space of a Single-Unit Dwelling.
(a) Setbacks.
(1) Front Setback. The front setback for the
underlying zoning district shall apply, except as provided in (3), below.
(2) Side and Rear Setbacks. 4 feet, except provided
in (3), below.
(3) Notwithstanding (1) and (2), above, no setback
shall be required for an existing living area or attached accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to a JADU or to a portion of a JADU.
(b) Expansion of Existing Footprint.
(1) A JADU that is established by converting floor
area of an existing single-unit dwelling or an attached accessory structure that is located in the front setback may only expand the footprint up to 150 square feet into the front setback to accommodate ingress and egress.
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Packet Pg. 1673 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) (2) A JADU that is established by converting floor
area of an existing single-unit dwelling or an attached accessory structure that is not located within the front setback may expand the footprint if the addition or enlargement is made to conform to all standards set forth in this subsection. (c) Minimum Size. The minimum size of a JADU is 150
square feet of floor area.
(d) Maximum Size. The maximum size of a JADU is 500
square feet of floor area.
(e) Height. The height limitations of the underlying zoning district shall apply.
(f) Design standards.
(1) The JADU has exterior access from the
proposed or existing single-unit dwelling.
(2) Interior access between a primary unit and
JADU is permitted.
(3) Stepback standards of the underlying zoning
district shall apply.
(4) Upper-story outdoor space standards of the
underlying zoning district shall apply.
iii. Standards and Requirements for JADUs withing a Newly Constructed Addition to an Existing Single-Unit Dwelling 204
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Packet Pg. 1674 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) (a) Setbacks.
(1) Front Setback. The front setback for the
underlying zoning district shall apply.
(2) Side and Rear Setbacks. 4 feet
(b) Minimum Size. The minimum size of a JADU is 150
square feet of floor area.
(c) Maximum Size. The maximum size of a JADU is 500
square feet of floor area.
(d) Height. The height limitations of the underlying zoning district shall apply.
(e) Design standards.
(1) The JADU has exterior access from the existing
single-unit dwelling.
(2) Interior access between a primary unit and
JADU is permitted.
(3) Stepback standards of the underlying zoning
district shall apply.
(4) Upper-story outdoor space standards of the
underlying zoning district shall apply.
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Packet Pg. 1675 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) c. Detached ADUs. One detached, new construction, ADU is permitted per parcel with a proposed or existing single-unit dwelling if all of the following apply:
i. Setbacks.
(a) Front Setback. The front setback of the underlying
zoning district shall apply.
(b) Side and Rear Setbacks. 4 feet.
ii. Minimum Size. The minimum size of an ADU is 150 square feet of floor area.
iii. Maximum Size. The following unit size limits apply:
(a) The maximum size of studio or one-bedroom ADU is
850 square feet of floor area.
(b) The maximum size of an ADU with more than one
bedroom is 1,200 square feet of floor area.
iv. Height. 2 stories or 24 feet.
v. Design standards.
(a) Upper-story outdoor space standards of the underlying zoning district shall apply.
d. ADUs Located on a Parcel Within the Single-Unit Residential (R1) Zoning District. To increase the supply of diverse housing choices in the R1 Zoning District, and to meet the City’s local housing goals and needs identified in the 6th Cycle Housing Element, one ADU may be constructed or established in conjunction with an existing or proposed single-unit dwelling as described below:
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Packet Pg. 1676 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) i. The ADU is (1) established pursuant to subsection (c), above, or (2) through a newly constructed addition to a proposed or existing singleunit dwelling subject to the standards set forth in (ii), below. ii. Newly Constructed Addition to a Proposed or Existing SingleUnit Dwelling. The following standards shall apply to a newly constructed attached ADU to a single-unit dwelling:
(a) Setbacks.
(1) Front Setback. The front setback of the
underlying zoning district shall apply.
(2) Side and Rear Setbacks. 4 feet
(b) Minimum Size. The minimum size of an ADU is 150
square feet of floor area.
(c) Maximum Size. The following unit size limits apply to ADUs:
(1) The maximum size of studio or one-bedroom
ADU is 850 square feet of floor area.
(2) The maximum size of an ADU with more than
one bedroom is 1,200 square feet of floor area.
(3) Notwithstanding any of the foregoing, the total
floor area of the ADU shall not exceed 50% of the primary dwelling or the maximum size limits in subsections (1) and (2), above, whichever is less.
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Packet Pg. 1677 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) (d) Height. The height limitations of the underlying zoning district shall apply.
(e) Design standards.
(1) The ADU has exterior access from the existing
single-unit dwelling.
(2) No interior access between an ADU and primary
unit or accessory structure not associated with the ADU is permitted.
(3) Stepback standards of the underlying zoning
district shall apply.
(4) Upper-story outdoor space standards of the
underlying zoning district shall apply.
iii. Additional Conditions.
(a) The ADU shall be used as a rental unit subject to a deed restriction in a form approved by the City Attorney.
2. ADUs in Conjunction with Multiple-Unit Dwellings.
a. Converted ADUs. 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 portions of an existing multiple-unit dwelling that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.
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Packet Pg. 1678 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) b. Detached ADUs. Up to two detached ADUs are permitted on a parcel with a proposed multiple-unit dwelling, or up to eight detached ADUs are permitted on a parcel with an existing multiple-unit dwelling, not to exceed the number of existing units on the parcel if all of the following apply:
i. Setbacks.
(a) Front Setback. The front setback of the underlying
zoning district shall apply.
(b) Side and Rear Setbacks. 4 feet
ii. Minimum Size. The minimum size of an ADU is 150 square feet of floor area.
iii. Maximum Size. The following unit size limits apply to ADUs:
(a) The maximum size of studio or one-bedroom ADU is
850 square feet of floor area.
(b) The maximum size of an ADU with more than one
bedroom is 1,200 square feet of floor area.
iv. Height. 24 feet in height.
v. Design standards
(a) Upper-story outdoor space. The standards and
requirements of the underlying zoning district shall apply.
J. State Mandated ADUs and JADUs. Notwithstanding subsection (I), above, pursuant to Government Code Section 66323, the City shall ministerially approve pursuant to G, above, an application for a building permit within a residential or mixed209
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Packet Pg. 1679 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) used zoning district to create ADUs and JADUs as set forth in subsection (1), below, subject to additional conditions stated in subsection (2), below.
1. Permitted ADUs and JADUs.
a. Single Unit Dwellings – Converted ADUs and JADUs. One ADU and one JADU per parcel with a proposed or existing single-unit dwelling if all of the following apply:
i. The ADU or JADU is within: (1) the proposed space of a single-unit dwelling; (2) existing space of a single-unit dwelling; or (3) an existing accessory structure.
ii. The ADU or JADU has exterior access from the proposed or existing single-unit dwelling.
iii. The side and rear setbacks are sufficient for fire and safety. iv. The JADU complies with the requirements of subsection K, below.
v. For ADUs and JADUs established within an existing
accessory structure, an expansion of not more than 150 square feet beyond the same physical dimensions may be permitted provided that the expansion shall be limited to accommodating ingress and egress. b. Single-Unit Dwelling – Detached ADUs. One detached, new construction, ADU that does not exceed four-foot side and rear setbacks for a parcel with a proposed or existing single-unit dwelling. The ADU may be combined with JADU described in subsection (a), above, and shall comply with the following. i. The total floor area shall not exceed 800 square feet. 210
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Packet Pg. 1680 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) ii. The height limitations as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Government Code Section 66321. c. Multiple-Unit Dwelling – Converted ADUs. 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 portions of an existing multiple-unit dwelling that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.
d. Multiple-Unit Dwelling – Detached ADUs. Up to two detached ADUs are permitted on a parcel with a proposed multiple-unit dwelling, or up to eight detached ADUs are permitted on a parcel with an existing multiple-unit dwelling, not to exceed the number of existing units on the parcel. The proposed detached ADUs shall be subject to the height limitations as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Government Code Section 66321, and side and rear setbacks of no more than 4 feet. If the existing multiple-unit dwelling has a side or rear setback of less than 4 feet, the City shall not require any modification of the existing multiple-unit dwelling as a condition of approving the application to construct an ADU that satisfies the requirements of this subsection.
2. Additional Conditions.
a. No additional objective development or design standards shall be imposed on a ADU or JADU other than the ones provided in subsection (1), above. 211
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Packet Pg. 1681 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) b. Approval of a ADU or JADU established pursuant to subsection (1), above, shall not be conditioned upon the correction of nonconforming zoning conditions.
c. A rental ADU created pursuant to subsection (1), above, shall be rented for a term longer than 30 days.
K. Junior Accessory Dwelling Units. JADUs established pursuant to this Section shall be subject to the following:
1. One JADU may be established per parcel zoned for single-unit dwellings with an existing or proposed single-unit dwelling. The JADU shall be established within the walls of the existing or proposed single-unit dwelling, including, but not limited to, attached garages.
2. Except as provided in subsection (c), below, owner-occupancy shall be required in either:
a. The single-unit dwelling in which the JADU is permitted, or b. The JADU.
c. Notwithstanding the foregoing, owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
3. A deed restriction shall be recorded, which shall run with the land, and shall include the following:
a. A prohibition on the sale of the JADU separate from the sale of the single-unit dwelling, including a statement that the deed restriction may be enforced against future purchasers.
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Packet Pg. 1682 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) b. A restriction on the size and attributes of the JADU that conforms with this Section.
4. A JADU shall:
a. Include a separate entrance from the main entrance to the proposed or existing single-unit dwelling.
b. If a JADU unit does not include a separate bathroom, the JADU shall include an interior entry to the main living area of the single-unit dwelling. c. A JADUs shall include an efficiency kitchen, which shall include all of the following:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
L. 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.
2. No Replacement. When parking areas including, but not limited to, garages, carports, covered parking structures, or uncovered parking spaces, 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.
M. 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 213
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Packet Pg. 1683 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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.
N. 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).
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 66340 or Section 9.31.026, Accessory Dwelling Unit Condominiums.
O. Development Impact Fees. ADUs and JADUs established pursuant to this Section shall be exempt from the impact fees specified in Chapter 9.64, Affordable Housing Production Program, Chapter 9.65, Childcare Linkage Program, Chapter 9.66, Transportation Impact Fee Program, and Chapter 9.67, Parks & Recreation Development Impact Fee Program.
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 214
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Packet Pg. 1684 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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 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 215
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Packet Pg. 1685 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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 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.
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Packet Pg. 1686 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
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.
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;
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Packet Pg. 1687 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) ii. An attached ADU may be established within the footprint of a proposed single-unit dwelling; or
iii. An attached ADU may be established by converting floor area of an existing single-unit dwelling or attached accessory structure. b. Detached ADU. One detached ADU may be constructed or established in conjunction with an existing or proposed single-unit dwelling as follows:
i. A detached ADU may be newly constructed; or
ii. A detached ADU may be established by converting floor area of a legal existing detached accessory structure.
c. JADU. One JADU may be constructed or established in conjunction with an existing or proposed single-unit dwelling as follows:
i. A JADU may be established within the footprint of a proposed singleunit dwelling; or ii. A JADU may be established by converting floor area of an existing single-unit dwelling.
2. Parcel with 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 218
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Packet Pg. 1688 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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. 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.
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Packet Pg. 1689 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) b. A detached ADU shall be located on the rear half of a parcel. c. A detached ADU shall be located a minimum of 6 feet from the existing single-unit dwelling, as measured between exterior walls. d. On a reverse corner parcel, an ADU or JADU shall not be located nearer to the street side parcel line of such corner parcel than one-half of the front setback depth required on the key parcel, nor be located nearer than 4 feet to the side parcel line of any key parcel.
e. On a through parcel, an ADU or JADU shall not project into any front setback except as provided under subsection (K) below. Pursuant to Section
9.04.110(B), the front setback borders the street primarily used as frontage by the majority of neighboring parcels.
2. Parcels with Multiple-Unit Dwellings.
a. A detached ADU may be located either in the front or rear half of the parcel, but shall be a minimum of 6 feet from existing multiple-unit dwelling(s), as measured between exterior walls.
b. On a reverse corner parcel, an ADU or JADU shall not be located nearer to the street side parcel line of such corner parcel than one-half of the front setback depth required on the key parcel, nor be located nearer than 4 feet to the side parcel line of any key parcel.
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.
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Packet Pg. 1690 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) I. Standards for ADUs and JADUs Established by Converting Floor Area of Legal Existing Structures. ADUs and JADUs established by converting floor area of legal existing structures shall adhere to the following standards set forth in this subsection and subject to all applicable setback requirements set forth in subsection (L) below.
1. Parcel with Single-Unit Dwelling.
a. Attached ADU. An ADU that is established by converting floor area of an existing single-unit dwelling that is located in the front setback may only expand the footprint of the single-unit dwelling up to 150 square feet into the front setback to accommodate ingress and egress. An ADU that is established by converting floor area of an existing single-unit dwelling that is not located within the front setback may expand the footprint beyond 150 square feet up to the total size permitted under subsection J below.
b. Detached ADU.
i. An ADU may be established by converting floor area within a legal existing accessory structure or by reconstructing the ADU in the same location and to the same dimensions as the original structure.
ii. Notwithstanding the size limitation in subsection (J), an 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 221
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Packet Pg. 1691 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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.
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:
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Packet Pg. 1692 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
1. The minimum size of an ADU or JADU is 220 square feet of floor area.
2. The maximum size of a detached or attached studio or one-bedroom ADU is 850 square feet of floor area.
3. The maximum size of a detached or attached ADU with more than one bedroom is:
a. 1,000 square feet of floor area for parcels of less than 10,000 square feet; and
b. 1,200 square feet for parcels of 10,000 square feet or greater.
4. Notwithstanding any of the foregoing:
a. For attached ADUs, if there is an existing primary dwelling, the total floor area of the ADU shall not exceed 50% of the existing primary dwelling, or the maximum size limits in subsections (2) and (3), whichever is greater. b. For ADUs established by converting floor area of an existing legal accessory structure, the size limitations set forth in subsection (I)(1)(b) shall apply.
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 223
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Packet Pg. 1693 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) of determining parcel coverage. See Section 9.04.100, Determining Residential Parcel Coverage.
b. Areas directly below a fully-enclosed second-story cantilever of an ADU or JADU that are open on at least two sides shall not be considered part of the ground floor footprint area for purposes of calculating ground floor parcel coverage.
L. Setbacks. An ADU or JADU shall adhere to the following setback requirements:
1. An ADU or JADU shall not be permitted within the front setback, however, when converting floor area within an existing single-unit dwelling or a legal accessory structure located in the front setback, an ADU or JADU may expand the footprint of said structure up to 150 square feet to only accommodate ingress and egress as set forth in subsections (I)(1)(a)(i), (I)(1)(b)(iii), and (I)(1)(c) above.
2. Side and rear setbacks of 4 feet, measured from parcel line, are required for an ADU or JADU, except that:
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;
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Packet Pg. 1694 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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.
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 35 225
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Packet Pg. 1695 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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; 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 226
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Packet Pg. 1696 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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.
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, 227
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Packet Pg. 1697 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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).
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.
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Packet Pg. 1698 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
4. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated. Any building permits required in the removal must be approved by the Director’s determination. The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
5. The deed restriction is enforceable by the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.
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.
B. Definitions.
The following words or phrases as used in this Section shall have the following meanings:
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Packet Pg. 1699 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
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.
ii. Rear/Side Additions: In addition to subsection(C)(2)(b)(i), the adaptive reuse project may also include new construction located to in the rear or side of the existing building subject to the following:
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Packet Pg. 1700 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) (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:
a. Nonresidential land uses to Multiple-Unit Dwelling use, except that conversion of any existing Hotel and Motel uses shall be prohibited. 231
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Packet Pg. 1701 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) b. Nonresidential land uses to Live-Work use in Nonresidential Districts only.
c. Any building in a Residential District, except buildings located in the Single-Unit Residential and Ocean Park Single-Unit Residential Districts, 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.
4. Relationship to Chapter 9.56, Landmarks and Historic District Ordinance. Adaptive reuse projects for City-Designated Historic Resources must comply 232
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Packet Pg. 1702 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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. Floor Area Ratios. Parcel Coverage. Floor Area Ratios Parcel coverage limitations shall not apply.
vi. Setbacks. Existing building setbacks may remain, and additions(s) to the existing building to accommodate bonus new floor area 233
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Packet Pg. 1703 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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). ii. Building Height. Additional height up to 24 feet shall not be counted toward the maximum height limits applicable for the parcel(s). 234
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Packet Pg. 1704 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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.
xii. Loading Space. Where there is existing loading, the adaptive reuse project shall be required to maintain current, existing dimensions. No new additional loading spaces shall be required.
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Packet Pg. 1705 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) Section 9.31.070. Automobile/Vehicle Sales, Leasing, and Storage.
A. Purpose. The purpose of this Section is to implement the goals and policies of the General Plan’s Land Use and Circulation Element to allow for the expansion and improved performance of automobile dealers in the City, recognizing their contribution to the local economy while ensuring their operation occurs in a manner that is respectful of their surrounding neighbors and minimizes potential adverse impacts related to on-site customer and employee parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage runoff. More specifically, these provisions are intended to:
1. Allow automobile dealers to expand in their current locations, including residentially- zoned sites that are currently used for automobile dealerships and adjacent or proximate commercial parcels, as long as their redevelopment is in the urban auto dealership format and incorporates mitigations to reduce any negative impacts on surrounding residential and nonresidential uses;
2. Encourage automobile dealers to develop shared inventory storage facilities in appropriate locations to meet their needs; and
3. Encourage dealerships to provide on-site automobile storage in abovegrade structures or subterranean parking facilities.
B. Applicability.
1. All new Automobile/Vehicle Sales and Leasing and Automobile Storage uses shall comply with subsection (C), Development Standards, of this Section. 236
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Packet Pg. 1706 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
2. Existing Automobile/Vehicle Sales and Leasing uses are required to comply with the standards of subsection (C) in conjunction with any one of the following:
a. Any new construction or expansion of floor area, in which case only the expanded floor area shall be required to comply with the standards of subsection (C);
b. Any outdoor expansion of vehicle display area, in which case only the expanded floor area shall be required to comply with the standards of subsection (C); or
c. Any expansion of the land area on which the dealership is located, whether by purchase, lease, business combination or acquisition, or similar method, in which case only the expanded land area shall be required to comply with the standards of subsection (C). This provision does not apply if the expanded land area was legally operated as a dealership within one year of the expansion.
3. Standards for Residentially Zoned Parcels. Auto-dealership uses on parcels designated Low Density Residential (R2), or Medium Density Residential (R3) that are contiguous to and were used legally in conjunction with an automobile dealership in operation on July 6, 2010 and which have not subsequently been abandoned, are permitted uses that may be maintained or modified subject to the requirements of subsection (D).
4. Operational Standards. All Automobile/Vehicle Sales and Leasing uses shall comply with the operational standards of subsection (E). 237
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Packet Pg. 1707 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) C. Development Standards. Automobile/Vehicle Sales and Leasing and Automobile Storage uses shall comply with the development standards—including but not limited to maximum height, maximum FAR, and minimum setbacks—for the respective District or Districts in which they are located. If the development standards for the respective District or Districts conflict with the standards included in this Section, the standards of this Section 9.31.070 shall apply. The following development standards apply to Automobile/Vehicle Sales and Leasing and Automobile Storage uses:
1. Showrooms. Automobile/Vehicle Sales and Leasing Uses shall be developed to include indoor showrooms for display of vehicles for sale or lease. a. Maximum Setback. Showrooms shall be located no farther than 15 feet from the property lines facing any boulevard and shall occupy at least 60 percent or 100 feet, whichever is greater, of the site frontage along such boulevards.
b. Treatment of Setbacks. If a setback is provided along any street frontage, the setback area (any area between building and sidewalk) shall be landscaped or improved as an extension of the public sidewalk to include pedestrian amenities. This requirement applies to all portions of a street-facing setback area that are not used for driveways or other accessways. c. Façade Height. Showrooms shall be constructed to achieve at least the minimum required façade height of the District in which they are located.
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Packet Pg. 1708 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) d. Transparency. Street-facing facades fronting boulevards shall have transparent glazing that provides views into display and sales areas.
Transparent windows or doors shall be provided for at least 75 percent of the building wall area located between 2.5 and seven feet above the level of the sidewalk. No wall may run in a continuous horizontal plane for more than 25 feet without an opening.
2. Location of Required Parking and Storage. Parking and vehicle storage shall be located behind the boulevard frontage or in underground garages.
Parking and vehicle storage may not be located between a vehicle showroom and any adjacent street.
3. FAR. A new Tier 1 auto dealer facility or a Tier 1 expansion of an existing auto dealer facility shall be allowed an additional 0.25 FAR above the maximum Tier 1 limit.
4. Special Rules for FAR Calculation. Below-grade auto dealer facilities shall not be counted toward floor area in the calculation of FAR. Areas devoted to rooftop parking/ automobile storage shall be discounted by 50 percent.
5. Development Review. Notwithstanding Section 9.40.020, a Development Review Permit shall be required for any new auto dealer facility replacing an existing legally- established auto dealer facility or expansion of an existing auto dealer facility if such replacement building or expansion exceeds 25,000 square feet within the Tier 1 maximum limits.
6. Transition Requirements Adjacent to Residential Districts. Where an Automobile/ Vehicle Sales and Leasing Use is adjacent to a Residential District 239
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Packet Pg. 1709 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) [except for Qualifying Parcels as defined in subsection (D)], the following standards apply.
a. Minimum Setbacks. Buildings used for parking and vehicle storage that are adjacent to a Residential District not containing an existing Automobile/Vehicle Sales and Leasing Use shall be set back a minimum 10 feet from the shared property line. Buildings used for any other use allowed pursuant to Section 9.31.070(D)(1)(a) shall be set back a minimum 15 feet from the shared property line.
b. Daylight Plane. Except for projections permitted by Section
9.21.110, Projections into Required Setbacks, buildings on parcels adjacent to a Residential District shall not extend above a plane starting at 25 feet in height directly above the parcel line abutting any residentially-zoned parcel or, where there is an alley, above the centerline of the alley, and from that point extending away from the parcel line or centerline at a 45-degree angle toward the interior of the site.
c. Landscaping and Screening. A continuous planting area with a minimum width of 7.5 feet shall be provided along any interior parcel line adjacent to a Residential District [except for Qualifying Parcel as defined in subsection (D)].
7. Landscaping. Screening of surface level outdoor display and nondisplay areas shall comply with the provisions of Chapter 9.26, Landscaping. 240
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Packet Pg. 1710 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
8. Parking and Vehicle Storage. Parking structures and automobile storage uses associated with an automobile dealership shall comply with the following project design standards.
a. Applicability of Parking Development Standards. Customer parking shall comply with all standards of Chapter 9.28, Parking, Loading, and Circulation. Employee and inventory parking may be provided in tandem and is not subject to the minimum parking space and aisle dimensions of Chapter
9.28, Parking, Loading, and Circulation. Final design of all parking and inventory storage areas shall be subject to review and approval by the Director. b. Design Standards, Parking Structures. The following standards apply to parking structures:
i. Except for emergency-only pedestrian exits required by the Building Officer, parking structure walls facing property lines that are adjacent to a residential use shall be solid and decorative, subject to the approval of the Architectural Review Board. Openings may be permitted adjacent to a public street, commercially zoned property, or "Qualifying Parcel" as defined in subsection (D) of this Section;
ii. Non-skid or other similar surface treatment on both floors and ramps of the parking structure shall be required to prevent tire squeals. This material shall be subject to the review and approval of the Director;
iii. Rooftop parking on parcels that directly abut or are separated by an alley from a Residential District is only permitted if the 241
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Packet Pg. 1711 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) parking structure provides a 6 foot parapet on the side of the parking structure closest to the Residential District. This parapet shall be solid and have a surface density of 4 pounds persquare foot; and iv. In order to minimize noise and air impacts, exhaust vents and other mechanical equipment associated with a parking structure shall be located as far from residential uses as feasible consistent with Article 8 of the Municipal Code.
c. Lighting. Lighting shall comply with Section 9.21.080, Lighting.
Light sources shall be designed to contain direct and diffuse lighting and glare on the subject property.
d. Queuing of Vehicles. An adequate on-site queuing area for service customers shall be provided. On-site driveways may be used for queuing but may not interfere with access to required parking spaces. Required parking spaces may not double as queuing spaces.
e. Vehicle Stacking Equipment. Vehicle-stacking equipment is permitted within structures and on surface lots for employee parking and vehicle storage when screened with an 8 foot-high solid masonry wall. The wall shall be set back from the property line at least 2 feet so that a landscaped buffer of up to 2 feet in width can be provided. Parking spaces in lifts shall not be applicable in calculating parking requirements. All facilities shall comply with the City's Noise Ordinance (Chapter 4.12 of the Municipal Code). f. Resource Recovery Storage. Floor area dedicated to employee and customer parking and vehicle storage shall be excluded when applying 242
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Packet Pg. 1712 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) resource recovery and recycling requirements in Section 9.21.130, Resource Recovery and Recycling Standards, unless otherwise required by the Director of Public Works or his/her designee in order to protect the public health, safety, and general welfare.
g. Final design treatment shall be subject to review and approval by the Architectural Review Board. All unenclosed surface parking areas not used for vehicle display shall be subject to the parking lot screening requirements of Section 9.26.050, Areas to be Landscaped.
D. Standards for Automobile/Vehicle Sales and Leasing Uses and Automobile Storage on Residentially Zoned Properties. Parcels designated Low Density Residential (R2), or Medium Density Residential (R3) that are contiguous to and were used for a legally established use in conjunction with an automobile dealership in operation on July 6, 2010, and which automobile dealership uses have not subsequently been abandoned (“Qualifying Parcels”) may be developed and operated consistent with the standards of this subsection (D).
1. Uses.
a. Authorized Uses. Qualifying Parcels may be developed, if conducted entirely within an enclosed building, as automobile/vehicle sales and leasing, automobile storage or parking when operated in conjunction with an automobile dealership on the adjacent commercial parcel, consistent with the standards of this subsection.
b. Inventory Storage. A Qualifying Parcel may be used for surface inventory storage only if the following conditions are met:
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Packet Pg. 1713 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) i. Any displaced required parking will be relocated to another off-street location that is:
(1) Located within 750 feet of the Qualifying Parcel;
(2) Located within 300 feet of a public transit line that connects the off-street location with the dealership and the dealership provides free transit passes to its employees; or (3) Serviced by a dealership-provided shuttle between
the off-street location and the qualifying lot which has been approved by the City's Director of Planning.
ii. The displaced parking shall be returned to the Qualifying Parcel if the criteria of this subsection are no longer met. c. Prohibited Uses. No portion of a residentially-zoned parcel may be used for major auto repair work, outdoor display of vehicles, commercial signage, storage tanks, or any other commercial use not specifically identified in this subsection. In addition, Automobile Rental and Automobile/Vehicle Washing uses are prohibited.
d. Use to Revert to Residential. Structures constructed under these provisions on residential parcels shall be permitted to remain only when operated in conjunction with an Automobile/Vehicle Sales and Leasing use on the adjacent commercial parcel. If the Automobile/Vehicle Sales and Leasing use is abandoned and not reinstated pursuant to Chapter 9.27, Nonconforming Uses and Structures, the parking structure shall be removed or incorporated into a residential project on the residential parcel(s) within 3 years. 244
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Packet Pg. 1714 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
2. Exemption from Additional Multi-Unit Development Standards, Development on Multiple Parcels Standards, and Development on Parcels Divided by District Boundaries Standards. Except as set forth or modified herein, the property development standards of Sections 9.08.030, 9.21.030(B), and 9.21.040 shall not apply in order to accommodate the specific structural and design requirements of the uses identified in Section 9.31.070(D)(1)(a).
3. Maximum FAR Parcel Coverage The maximum floor area ratio parcel coverage of residential parcel area shall be the area of the parcel not within the setback areas required in subsection (D)(5).
4. Maximum Building Height. The maximum height of any structure on a residentially zoned Qualifying Parcel shall not exceed 23 feet in the R2 District and 28 feet in the R3 District excluding four feet of the required parapet.
5. Setbacks.
a. Front and Rear Setbacks. The front and rear setbacks of the Residential District in which the Qualifying Parcel is located shall apply. b. Side Setbacks Adjacent to Residential Districts. The side setbacks shall meet the requirements of subsection (C)(6).
6. Standards for Parking Structures. Parking structures developed on Qualifying Parcels shall comply with the standards outlined in Chapter 9.28, Parking, Loading and Circulation, and the following requirements:
a. Rooftop parking is permitted subject to the standards of this subsection and shall provide a 6 foot parapet on the side of the parking 245
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Packet Pg. 1715 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) structure closest to the Residential District. This parapet shall be solid and have a surface density of 4 pounds per square foot;
b. At least 10 percent of the parking spaces within a structure shall be maintained and designated for employee parking only, unless the Planning Commission determines based on an employee parking demand analysis that sufficient parking is otherwise provided either on-site or at an acceptable offsite location; c. If the structure is developed in conjunction with development on adjacent commercial parcels, the project shall be designed so that building mass increases toward the commercial street and architectural elements that are permitted to exceed height limits are located away from adjacent residential uses to the greatest extent feasible;
d. A 4 foot unexcavated area shall be provided along the entire length of a property line shared by an automobile dealership and an adjacent residentially zoned property. 50% of the required setback area adjacent to a public street shall remain unexcavated; and
e. A landscaped buffer with a minimum width of 5 feet shall be required along the property line adjacent to a residential use. The buffer shall include a hedge to be maintained up to 12 feet in height where adjacent to a residential side setback and 42 inches in height where adjacent to a residential front setback. The Planning Commission may reduce, modify, or waive any part of this requirement if it finds that such reduction, modification, or waiver would not adversely affect the public health, safety, and general welfare. 246
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Packet Pg. 1716 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
7. Ingress and Egress on Residentially Zoned Properties. Vehicular access to Qualifying Parcels shall comply with the following requirements:
a. If only one Qualifying Parcel is located adjacent to an existing automobile dealership on the adjacent commercial parcel, the driveway to the Qualifying Parcel shall be located at least 40 feet from the adjacent residentially zoned parcel.
b. If multiple Qualifying Parcels are located adjacent to an existing automobile dealership on the adjacent commercial parcel, the driveway to the Qualifying Parcels shall be located on the Qualifying Parcel located furthest from the adjacent residentially zoned parcel that is not used as part of the automobile dealership.
8. Parking and Vehicle Storage. Parking structures and automobile storage uses associated with an automobile dealership shall also comply with subsection (C)(6).
9. Exemptions for Expansions of Existing Dealerships. A floor area expansion of existing automobile dealerships in R2 or R3 Districts that does not exceed 750 square feet of floor area shall not be subject to a Conditional Use Permit, and shall be permitted by right provided that:
a. The expanded floor area is utilized for an ancillary support function, including, but not limited to, customer waiting area, offices, vehicle parts storage or vehicle parts display;
b. The height of the expansion shall be no more than one story and will not exceed 23 feet;
247
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Packet Pg. 1717 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) c. None of the expanded area is utilized for auto repair activities, including but not limited to service bays, body work, oil change and lubrication, or entertainment/ navigation console installation; and
d. The square footage expansion may maintain the existing building lines adjacent to public rights-of-way, subject to Architectural Review Board approval.
E. Operational Standards. All Automobile/Vehicle Sales and Leasing Uses and Automobile Storage uses, existing and new, shall be operated according to the following standards:
1. Customer and Employee Parking.
a. On-site customer parking shall be provided at no charge to the customers.
b. Areas designated for employee or customer parking shall not be used for vehicle storage or display.
2. Loading and Unloading of Vehicles. Loading and unloading of vehicles is permitted only in accordance with an off-loading plan approved by the Director. The dealership operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this subsection. a. Loading and unloading of vehicles is generally limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday unless the Director determines that off- loading can be accomplished during another time period 248
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Packet Pg. 1718 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) without disturbing nearby residents. Loading and unloading of vehicles is prohibited on Sundays and legal holidays.
b. Vehicle off-loading shall not be permitted from streets that abut residential parcels in Residential District unless no other off-loading alternative is feasible and an alternative operational plan is approved by the Director. c. The applicant shall prepare and submit to the Director for approval a plan that complies with all requirements of this subsection.
3. Storage of Vehicles. No automobile dealership owner, operator, or employee, for any period of time on any public street or alley, shall park or store vehicles for sale, to be repaired, that have been repaired, or that are part of an automobile rental operation associated with the dealership.
4. Test Driving. Test-driving shall not be done on residential streets or alleys. For the purposes of this subsection, streets that are designated by the City as truck routes shall be permissible areas for test-driving. Each dealership operator shall have an affirmative obligation to inform all its personnel of this requirement and to ensure compliance with it. The applicant shall prepare and submit to the Director for approval a plan that complies with all requirements of this subsection to be included in a form prepared by Director.
5. Control of Alley Traffic. Notwithstanding the prohibition of alley use for test driving, each dealership operator shall present to the Director, at the same time of the filing of an application for a permit for a new dealership or substantial remodeling, plans for slowing traffic flow in alleys adjacent to their uses, with the objective of minimizing dangers to pedestrians and neighboring vehicle operations, 249
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Packet Pg. 1719 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) and of minimizing noise and other environmental incursions into the neighborhood.
Such plans shall be designed to limit the maximum speed to 15 miles per hour and may include measures such as speed bumps or dips, one-way traffic patterns, increased signage, parking and loading prohibitions, and similar measures.
6. Circulation. Entries and exits shall be located as far away from adjacent residential properties as is reasonably feasible by means of signage and design. If structured parking or storage is used, the interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways, or parking areas. No arrangement shall be permitted which requires vehicles to back into a public street.
7. Noise Control. Automobile/Vehicle Sales and Leasing and Automobile Storage uses shall be operated in accordance with the following standards. a. There shall be no outdoor loudspeakers. Interior loudspeakers shall produce no more than 45 dba at a boundary abutting or adjacent to a residential parcel under normal operating conditions (e.g., with windows open if they are likely to be opened).
b. All noise-generating equipment exposed to the exterior shall be muffled with sound-absorbing materials to minimize noise impacts on adjacent properties and shall not be operated before 8:00 a.m. or after 6:00 p.m. if reasonably likely to cause annoyance to abutting or adjacent residences and shall at all times be in compliance with the City's Noise Ordinance (Chapter
4.12, Noise).
250
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Packet Pg. 1720 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) c. Rooftop storage areas shall be screened with landscaping and/or noise absorbing materials to minimize noise impacts on adjacent properties.
8. Toxic Storage and Disposal.
a. Gasoline storage tanks shall be constructed and maintained under the same conditions and standards that apply for service stations. b. There shall be full compliance with the terms and conditions of all applicable Federal, state, and local laws relating to the storage and disposal of toxic chemicals and hazardous wastes.
9. Air Quality.
a. Use of brake washers shall be required in service stalls or areas that perform service on brakes employing asbestos or other materials known to be harmful when dispersed in the air.
b. All mechanical ventilating equipment shall be directed to top story exhaust vents, which face away from abutting or adjacent residential properties.
c. Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants, which would otherwise be emitted.
10. Hours of Operation. Unless otherwise approved by the Planning Commission, if the Automobile/Vehicle Sales and Leasing use is within 100 feet of a Residential District, operation of the use shall be prohibited between the hours of 10 p.m. and 7 a.m.
251
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Packet Pg. 1721 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
11. Plan Submission. Existing dealerships shall submit plans to the Director for approval that satisfy the requirements of this subsection if such plans are not already on file.
12. Plan Verification. All dealerships shall submit a letter annually in June affirming their continued use of their test-driving, vehicle off-loading, and alley traffic control plans. Any changes to approved plans shall require approval of the Director.
13. Neighborhood Community Liaison. All dealerships shall provide contact information for an on-site dealership community liaison including name, telephone number, and email address.
Section Chapter 9.31.125 Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
The purpose of this section is to establish standards, requirements, and procedures for the ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential to meet the City’s local housing goals and needs identified in the 6th Cycle Housing Element, the regulations set forth in State Senate Bill 9 (SB9), and any successor legislation, with the intent to facilitate diverse housing choices in the City’s highest opportunity areas. increase access to housing by allowing the development of two residential units on parcels zoned primarily for single-unit dwellings.
A. Applicability
This section shall apply to parcels located in the Single-Unit Residential (R1) and Ocean Park Single-Unit Residential (OP1) zoning districts, and select parcels within Multi-Unit Residential and Ocean Park Neighborhood zoning districts limited to one single-unit dwelling based on specific limitations, including, but not limited to, density calculations and parcel size and/or dimensions. Eligible parcels under this Section include, but are not 252
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Packet Pg. 1722 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) limited to, developed parcels, currently developed parcels proposing demolition, and vacant parcels. Any qualified applicant, as defined by Section 9.52.020.2010, may submit an applicant pursuant to this Section subject to Projects proposed pursuant to this section shall meet all of the following:
1. Location Requirements:
a. The parcel is located in an urbanized area or urban cluster, as defined by the Census Bureau;
b. The parcel is not located within a designated historic district or does not contain a historic resource;
c. The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(B), (C), (I), (J), (K), which includes, but is not limited to, the following:
i. Prime farmland, wetlands, land identified for conservation, land under conservation easement, or habitat for protected species; d. The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(D), (E), (F), (G), (H), unless the development satisfies the requirements therein, which includes, but is not limited to, the following:
i. Very high fire hazard severity zone, hazardous waste site, delineated earthquake fault zone, 100-year floodplain, or regulatory floodway
2. Displacement Protections:
a. Projects shall not include alteration or demolition of any of the following types of housing:
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Packet Pg. 1723 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income Deed restricted affordable housing;
ii. Rent-controlled housing or housing subject to any form of price control, including, but not limited to, units subject to the California statewide rent control law and Article XVIII of the Santa Monica Charter, the City’s rent control law;
iii. Housing that has been occupied by a tenant in the last three years; or
iv. Housing on parcels with an Ellis Act eviction in the last 15 years from date of application submittal.
B. Permitted Projects
The following project types are permitted pursuant to this Section section:
1. Lot Split. A permitted parcel may be subdivided into two parcels pursuant to Section (D), below.
2. Duplex. One duplex may be established or constructed on a permitted parcel pursuant to Section (E), below.
3. Lot Split with single-unit dwelling or duplex. Single-unit dwellings and duplexes are permitted to be established in conjunction with a lot split pursuant to Sections (D) and (E), below.
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Packet Pg. 1724 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) C. Review Process.
1. Projects established under this Section shall be subject to a ministerial approval and design review process as determined by the Director prior to submittal of a building permit.
2. Lot splits shall be subject to the provisions of Chapter 9.54, Land Divisions, as modified by Section 9.54.140, Special Procedures for Projects Subject to Specific State Law Provisions. except that no Planning Commission hearing is required for the tentative map process.
3. An application for a proposed project pursuant to this section shall be considered and approved or denied within 60 days from the date of receipt of a completed application. If the Director has not approved or denied the completed application within 60 days, the application shall be deemed approved. If the application is denied, the Director shall return in writing within 60 days from receipt of the completed application, a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
4. A project pursuant to this Section may be denied if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
D. Lot Split Standards and Requirements. Parcels subdivided pursuant to this Section shall comply with the following standards and requirements:
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Packet Pg. 1725 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
1. Minimum Parcel Size. Parcels resulting from a permitted lot split shall be no smaller than 1,200 square feet and 40% of the original parcel size.
2. Minimum Parcel Dimensions. No minimum parcel width or depth.
3. Access. Access to a public right-of-way shall be provided for each resulting parcel.
4. Easement. Easements, as required, shall be provided for the provision of public services and facilities for each resulting parcel.
5. Subdivision Limitations.
a. The subject parcel has not been previously subdivided pursuant to this Section section.
b. The subject parcel is not adjacent to another parcel that has been subdivided pursuant to this Section by the same owner or any person acting in concert with the same owner.
6.5. Owner Occupancy. In order to facilitate diverse housing choices in the City’s highest opportunity areas, a qualified applicant for an urban lot split is not required to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split. Property owner shall intend to live on one of the resulting parcels for three years after subdivision completion.
7. The City shall not require, as a condition for ministerial approval of a parcel map application for the creation of a lot split approved pursuant to this Section, the correction of nonconforming zoning conditions. Process. Zoning conformance review and approval shall be required prior to submittal of a building permit. 256
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Packet Pg. 1726 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) E. Development Standards and Requirements. Development established or constructed under this Section shall comply with all of the following standards and requirements. Where provisions are not specifically addressed, the standards of the underlying zoning district shall apply.
1. Land Uses. Permitted uses shall be limited to the following:
a. Single-Unit Dwelling
b. Duplex
c. Accessory Dwelling Unit
d. Junior Accessory Dwelling Unit
2. Maximum Unit Count.
a. No Lot Split. Up to four units are permitted per parcel. A duplex must be established but no more than one duplex is permitted. The four permitted units are inclusive of Accessory Dwelling Units pursuant to Section 9.31.025. b. Lot Split. Up to two units are permitted on each parcel created by a lot split, of which at least one single unit dwelling or a duplex must be established on each parcel. The two permitted units are inclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units pursuant to Section 9.31.025, unless otherwise permitted under Section 9.31.025(I)(1)(d)(G)(3). c. Parcels 10,000 SF or Greater. Notwithstanding subsection (a)(i) and (b)(ii), above, on parcels 10,000 SF or greater, more than four units may be permitted per parcel, inclusive of Accessory Dwelling Units pursuant to Section
9.31.025.
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Packet Pg. 1727 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
3. Minimum Front Setback. If a lot split results in a front parcel line that is adjacent to an alley, no more than 4 feet is required.
4. Minimum Side and Rear Setbacks.
a. New Construction: 4 feet, except in the following circumstances:
i. In the case of a lot split, no setback shall be required from the newly created interior parcel line for permitted projects pursuant to this Section, provided that the structures meet fire and safety standards. b. ii. Existing structures development or structures constructed reconstruction in the same location and to the same dimensions may retain nonconforming setbacks.
5. Guaranteed Unit Size. Notwithstanding standards set forth within this section or the underlying zoning district, no standard shall preclude the establishment or construction of two units of at least 800 square feet each.
6. Owner Occupancy. Property owner shall intend to live in one of the proposed units for three years.
F. Parking. One parking space is required per unit established pursuant to this Section, except no parking is required if any of the following applies:
1. The parcel is located within one-half mile walking distance of either a highquality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or
2. There is a car share vehicle located within one block of the parcel. 258
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Packet Pg. 1728 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) G. Guaranteed Units. Unless denied pursuant to (C)(4), above, and notwithstanding standards set forth within this Section or the underlying zoning district, no objective zoning, subdivision, or design standard shall have the effect of physically precluding the construction of up to two units of at least 1,200 square feet of floor area on a parcel, or in the event of a lot split pursuant to the Section, either of the resulting parcels. Rental and Sale Requirement. When two or more units are established under this section, at least one of the units shall be either sold or used as a rental unit subject to a deed restriction in a form approved by the City Attorney prior to issuance of a building permit.
I.H. Lease Terms. Units created under this section shall not be used for rental terms of 30 days or less.
J.I. Development Impact Fees.
1. Applicability of Chapter 9.64, Affordable Housing Production Program.
Permitted projects under this Section are exempt from the affordable housing fee pursuant to Chapter 9.64.
2. Applicability of Chapter 9.65, Childcare Linkage Program, Chapter 9.66, Transportation Impact Fee Program, and Chapter 9.67, Parks & Recreation Development Impact Fee Program. Fees pursuant to Chapter 9.65, Chapter 9.66, and Chapter 9.67 shall be required for units created under this Section.
Section 9.31.140 General Markets in Residential Districts.
The purpose of this Section is to establish standards for small grocery stores (General Markets) that serve neighborhood residents and are located in Multi-Unit Residential Districts. The standards of this Section are intended to ensure that such stores are compatible with the scale and character of the surrounding neighborhood, and consistent 259
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Packet Pg. 1729 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) with the goals, objectives, and policies of the General Plan. The following standards apply to General Markets where they are permitted or conditionally permitted in Residential Districts.
A. Location. No General Market shall be located within 300 linear feet of another General Market in the same Residential District.
B. Structure. A General Market shall be operated completely within an enclosed building. The store shall be located on the ground floor.
C. Density Calculation. The space occupied by a General Market shall be considered a residential unit for the purpose of calculating the density of development on a parcel. The market "unit" may not be used for residential purposes.
D. Height, Setback, and Floor Area Ratio Parcel Coverage. A General Market shall comply with the base standard Tier 1 height, setback, and floor area ratio parcel coverage requirements allowed for the District in which it is located unless the Planning Commission approves a Conditional Use Permit allowing the structure to exceed the maximum height, setback, and floor area ratio parcel coverage requirements for the residential district pursuant to Chapter 9.23, Community Benefits.
E. Parking. General Markets shall meet the requirements of Section 9.28.060, Number of Parking Spaces Required.
F. Passenger Loading. One on-street passenger-loading zone shall be located adjacent to the parcel near the entrance to the store for use by customers who arrive by automobile.
G. Off-Street Loading. One off-street loading area may be used for parking by store customers between the hours of 8:30 a.m. and 6:00 p.m.
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Packet Pg. 1730 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) H. Hours of Operation. A General Market may only be open for business between the hours of 7:00 a.m. and 11:00 p.m.
I. Maximum Size. No General Market may exceed 2,500 square feet in floor area.
J. Alcohol Sales. Beer and wine sales for off-site consumption shall be permitted subject to the applicable requirements of Section 9.31.040, Alcoholic Beverage Sales.
K. Deliveries. Deliveries shall be permitted only between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday.
Section 9.31.195 Multiple Unit Dwelling Projects
The purpose of this section is to establish requirements for multiple-unit dwelling projects; however, 100% affordable housing projects are exempt from Subsection (A) and (B) of this Section.
A. Unit Mix. Multiple-unit dwelling projects with more than 50 units shall incorporate the requirements set forth below, except Tier 2 projects shall comply with Section
9.23.030(A)(2).
1. For market rate units:
a. At least 10% of the units shall be three-bedroom units; b. At least 10% of the units shall be two-bedroom units; c No more than 15% of the units shall be studio units;
2. Affordable housing unit mix shall be governed by Chapter 9.64, Affordable Housing Production Program.
3. The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in Chapter 9.43.
B. Transportation Demand Management. Multiple-unit dwelling projects that meet the applicability established in Section 9.53.030 shall include the following Transportation 261
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Packet Pg. 1731 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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 complete a form provided by the Director prepare a technical memorandum that prescribes the required describes the effectiveness of design features to reduce exposure to diesel particulate matter (DPM) as a part of the early project design process. Such form 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 262
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Packet Pg. 1732 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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.
F. Phase 1 Environmental Site Assessment. Multiple-unit dwelling projects in nonresidential districts or on a site identified on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5 shall conduct a Phase 1 Environmental Site Assessment to investigate for the presence of hazardous materials and/or waste contamination. If the Phase 1 ESA finds that contaminated soil or groundwater is suspected to be present, the Applicant shall perform soil sampling and analysis to determine the extent of contamination. If contaminants are detected in soil at or above regulatory levels, then the results of the soil sampling shall be reviewed and acted upon by the appropriate regional, state, or local regulatory agencies as needed. If remediation is necessary, a No Further Action letter or similar documentation indicating case closure shall be obtained under the appropriate oversight agency prior to project occupancy. 263
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Packet Pg. 1733 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) DIVISION 4: ADMINISTRATION AND PERMITS
Chapter 9.36, Planning Authorities
Chapter 9.37, Common Procedures
Chapter 9.39, Administrative Approval
Chapter 9.43, Modifications and Waivers
Chapter 9.46, Amendments to the Zoning Ordinance and Map Chapter 9.47, Neighborhood Conservation Overlay Districts 264
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Packet Pg. 1734 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) CHAPTER 9.36 PLANNING AUTHORITIES
Section 9.36.010. Director of the Planning and Community Development Department Director.
The Director of the Planning and Community Development Department Director (the “Director”) is the manager of the Planning and Community Development Department. The Director, or designee, directs the work of the Department and leads in fulfilling its missions and goals. Specifically, the powers and duties of the Director include, but are not limited to the following:
A. Approve, conditionally approve, modify, or deny requests for waivers to dimensional requirements, pursuant to Chapter 9.43, Modifications and Waivers.
A.B. Negotiate the components and provisions of Development Agreements for recommendation to the City Council.
B.C. Monitor and enforce provisions of this Ordinance and serve as Hearing Officer pursuant to Chapter 8.96 of the Municipal Code.
C.D. Process and make recommendations to the City Council on all applications, amendments, appeals, and other matters upon which the Council has the authority and the duty to act under this Ordinance.
D.E. Process and make recommendations to the Planning Commission on all applications, appeals, and other matters upon which the Planning Commission has the authority and the duty to act under this Ordinance.
E.F. Serve as Staff of the Planning Commission, Landmarks Commission, and Architectural Review Board.
F.G. Delegate administrative functions to members of the Department of Planning and Community Development Department.
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Packet Pg. 1735 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) G.H. Other duties and powers as may be assigned by the City Council or established by legislation.
Section 9.36.020. Zoning Responsibilities of Director or Designee (Zoning Administrator).
The role of the Zoning Administrator Director is to issue land use permits that are minor in nature and which customarily result in an activity of generally little public controversy and adverse impact. The Director, or designee, shall serve as the Zoning Administrator and provides Santa Monica with an opportunity to exercise administrative discretion, adopt specific findings of fact to support the resulting decision, and to require specific conditions where warranted, and to ensure that the requested activity or project is conducted or constructed in a manner consistent with the goals, objectives, and policies of the General Plan. Specifically, the these powers and duties of the Zoning Administrator or designee shall include, but are not be limited to the following:
A. Administer this Ordinance, including processing of applications, abatements, and other enforcement actions.
B. Interpret this Ordinance to members of the public and to other City Departments and issue formal interpretations in accordance with Section 9.37.140.
C. Prepare and effect rules and procedures necessary or convenient for the conduct of the Director's business.
D. Review applications for permits and licenses for conformance with this Ordinance and issue a Zoning Conformance Permit when the proposed use, activity, or building is allowed by right and conforms to all applicable development and use standards.
E. Review applications for discretionary permits and approvals under this Ordinance for conformance with applicable submission requirements and time limits. 266
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Packet Pg. 1736 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) F. Review applications and ensure compliance with the California Environmental Quality Act and the City’s environmental review requirements, and notify the applicant if any additional information is necessary to conduct the review.
G. Hear and decide applications for Minor Use Permits, modifications to conditions of approved Minor Use Permits, and time extensions of Minor Use Permits, pursuant to Chapter 9.41, Minor Use Permits and Conditional Use Permits.
H. Hear and decide requests for minor modifications to approved permits, pursuant to Chapter 9.43, Modifications and Waivers.
I. Approve, conditionally approve, modify or deny applications for Temporary Use Permits, pursuant to Chapter 9.44, Temporary Use Permits.
J. Hear and decide proposals to revoke permits, pursuant to Section 9.37.120, Revocation of Permits, following a public hearing.
K. Approve, modify, or deny applications for projects subject to ministerial review and approval including, but not limited to:
1. Administrative Approvals, pursuant to Chapter 9.39, Administrative Approval:.
2. Duplexes and Lot Splits on Parcel Zoned for Single-Unit Residential, pursuant to Section 9.31.125, Duplexes and Lot Splits on Parcel Zoned for Single-Unit Residential; and
3. Projects subject to ministerial review and approval pursuant to State law.
L. Prepare zoning compliance letters explaining the City's land use regulations and permit information typically prepared in the context of a pending property sale or transaction.
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Packet Pg. 1737 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) M. Delegate powers and duties of the Zoning Administrator to members of the Community Development Department.
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Packet Pg. 1738 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) CHAPTER 9.37 COMMON PROCEDURES
Section 9.37.050 Public Notice.
A. Notice of Hearings for Discretionary Permits. Notice of public hearings shall be given in the following manner:
1. By publication in a newspaper of general circulation within the City not less than 14 consecutive calendar days prior to the public hearing; and
2. By mailing, postage prepaid, not less than 14 consecutive calendar days prior to the public hearing, to all owners and residential and commercial tenants of the subject property and properties within a radius of 750 feet for all Discretionary Permits, and applications for Zoning Ordinance or General Plan Amendments, from the exterior boundaries of the property involved in the application. For this purpose, the last known name and address of each property owner as contained in the records of the Los Angeles County Assessor shall be used. Notices mailed under this subsection (A)(2) shall also be mailed to all City-recognized neighborhood organizations.
3. All notices of public hearings shall state the nature of the request, the location of the property, the time and place of the scheduled hearing, and the manner in which additional information may be received.
B. Notice of Hearings for Zoning Ordinance and General Plan Amendments.
Notice of public hearings shall be given in the following manner:
1. By publication in a newspaper of general circulation within the City not less than 20 consecutive calendar days prior to the public hearing; and
2. By mailing, postage prepaid, not less than 20 consecutive calendar days prior to the public hearing, to all owners and residential and commercial tenants of the subject property and properties within a radius of 750 feet for all applications for Zoning 269
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Packet Pg. 1739 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) Ordinance or General Plan Amendments, from the exterior boundaries of the property involved in the application. For this purpose, the last known name and address of each property owner as contained in the records of the Los Angeles County Assessor shall be used. Notices mailed under this subsection (B)(2) shall also be mailed to all Cityrecognized neighborhood organizations.
3. All notices of public hearings shall state the nature of the request, the location of the property, the time and place of the scheduled hearing, and the manner in which additional information may be received.
C.B. Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, instead of mailed notice, the Director may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City commencing at least 2014 days prior to the hearing for a duration of at least 3 consecutive days. Notices displayed pursuant to this subsection (A)(3) shall also be mailed to all City-recognized neighborhood organizations and shall be posted on the City's website.
D.C. Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or neighborhood or community organization to receive a mailed notice.
Section 9.37.090 Expiration and Extension.
A. Expiration. The decision-maker, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. Projects with a permit with a specific time within 270
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Packet Pg. 1740 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) which the proposed use must be undertaken and actively and continuously pursued that were: (1) issued and active as of March 13, 2020; (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a complete application that was submitted between March 13, 2020 and December 31, 2022 shall be extended for a period of 2 years. All permits issued prior to January 6, 2025 shall be extended for an additional period of 2 years. If no time period is specified, any permit granted under this Ordinance shall automatically expire if it is not exercised or extended within the time limits listed below:
1. Permits for 100% Affordable Housing and Certain Affordable MixedUse Residential Projects. For 100% affordable housing projects, or mixed-use residential projects where housing units comprise at least 75% of the floor area of the project, and the housing project has received City, State or Federal funding or is comprised of units at least 50% of which are deed-restricted to be affordable to low income households and the remainder of which are deed-restricted to be affordable to low or moderate income households:
a. Except as provided in paragraph (b), below, within 3 years of the effective date, or if located in the Coastal Zone, 3½ years from the effective date.
b. Notwithstanding paragraph (a), within 5 years of the effective date, or if located in the Coastal Zone, 5½ years from the effective date, for projects with a permit:
i. Issued and active as of March 13, 2020;
ii. Issued between March 13, 2020 and December 31, 2022; or 271
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Packet Pg. 1741 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) iii. Issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022.
c. All permits issued prior to January 6, 2025 shall be extended for an additional period of 2 years.
2. All Other Permits. For projects that do not qualify as affordable housing or mixed-use in subsection (A)(1) above:
a. Except as provided in paragraph (b), below, within 2 years of the effective date, or if located in the Coastal Zone, 2½ years of the effective date.
b. Notwithstanding paragraph (a), within 4 years of the effective date, or if located in the Coastal Zone, 4½ years from the effective date for projects with a permit:
i. Issued and active as of March 13, 2020;
ii. Issued between March 13, 2020 and December 31, 2022; or iii. Issued pursuant to a complete application that was submitted between March 13, 2020 and December 31, 2022. c. All permits issued prior to January 6, 2025 shall be extended for an additional period of 2 years.
B. Exercise of Rights. A permit for the use of a building or a property is exercised when, if required, a valid City business license has been issued, and the permitted use has commenced on the site unless the permit is granted in conjunction with approval of new construction.
272
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Packet Pg. 1742 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
1. New Construction. If a permit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights; provided, however, that, unless otherwise specified as a condition of project approval, the permit shall expire if:
a. The building permit expires;
b. Final inspection is not completed or Certificate of Occupancy issued within the time specified as a condition of project approval; or c. The rights granted under the permit for the use of the building are not exercised within one year following the earliest to occur of the following:
issuance of a Certificate of Occupancy; or if no Certificate of Occupancy is required, the last required final inspection for the new construction.
C. Extensions.
1. First Time Extension. The Director shall approve an extension of any permit or approval granted under this Ordinance upon receipt of a written application with the required fee prior to expiration of the permit for the time periods listed below. a. Projects with residential uses: one-year extension.
b. Nonresidential projects: 6-month extension.
No extension may be requested earlier than 6 months prior to the expiration of the permit.
The Director may grant a second time extension for projects involving a City- designated Historic Resource if such extension is necessary due to the complexity of planning for and developing the project. Notwithstanding the foregoing, an extension may be requested at any time at least 30 days prior to the extension of a permit:
273
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Packet Pg. 1743 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) (i) issued and still active as of March 13, 2020; (ii) issued between March 13, 2020 and December 31, 2022; or (iii) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022.
2. Other Extensions. The Planning Commission may approve a further extension of any permit or approval granted under this Ordinance upon receipt of a written application with the required fee at least one month prior to and no more than 6 months prior to expiration of the permit. Such extension request shall be processed in the same manner and for the same fee as a new permit. The Planning Commission may grant an extension request for good cause, and may consider in this review, subject to any vested rights, the extent to which the project is consistent with current development standards and policies, whether the project is consistent in principal with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, conditions surrounding the project site and whether the project will adversely affect the public health, safety and general welfare.
Section 9.37.160. Applications and Procedures Table.
TABLE 9.37.160: APPLICATIONS AND PROCEDURES
Permit Type Reviewing Authority Appealable/Authority
Zoning Conformance Review Director No
Administrative Approval Director No
All other ministerial approvals Director No
Conditional Use Permit Planning Commission Yes/City Council Development Review Permit Planning Commission Yes/City Council Minor Use Permit Director Hearing (Zoning
Administrator)
Yes/Planning Commission
Temporary Use Permit Director No
Minor Modification Director Yes/Director Hearing (Zoning Administrator)
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Packet Pg. 1744 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) Major Modification Director Hearing (Zoning
Administrator)
Yes/Planning Commission
Fence, Wall, Hedge Height
Modification, Administrative
Director No
Fence, Wall, Hedge Height
Modification, Discretionary
Director Hearing (Zoning
Administrator)
Yes/Planning Commission
Waiver Director Hearing (Zoning
Administrator)
Yes/Planning Commission
Variance Planning Commission Yes/City Council
275
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Packet Pg. 1745 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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 9.52.020.1125, that are not located within a Bergamot District, 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 9.52.020.1125,
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 (one acre) 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;
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Packet Pg. 1746 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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 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;
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Packet Pg. 1747 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) c. In Neighborhood Commercial and Oceanfront Districts, 7,500 square feet;
d. In Nonresidential Districts not specified in subsection (A)(2)(c) above, 15,000 square feet; or
e. In the Pico Neighborhood Area as outlined in Figure 9.40.020.A, notwithstanding subsection (A)(2)(b) through (d) above, and until the adoption of a Pico Neighborhood Plan, 7,500 square feet.
3. Multiple-unit dwelling projects located on community assembly surface parking lots pursuant to Section 9.31.196
B. No Administrative Approval and only a building permit shall be required for:
1. Any new single-unit dwellings or additions thereto in any zoning district; 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.
Section 9.39.040 Reserved Definitions.
For purposes of this Chapter, “streamlined housing project” shall mean a project consisting of any of the following:
A. Residential units only; or
B. Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses do not exceed 25% of the total building square footage and are limited to the first 2 floors of buildings that are 2 or more stories; or C. Transitional or supportive housing.
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Packet Pg. 1748 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) CHAPTER 9.43 Modification and Waivers
Section 9.43.020. Applicability: Minor Modifications.
A. The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or by discretionary review in the District. In no case shall a minor modification be granted pursuant to this Chapter to permit a use or activity that is not otherwise permitted in the District where the property is located, nor shall a minor modification be granted that alters the procedural or timing requirements of this Ordinance.
B. Subject to the requirements of this Chapter and except as provided in subsection (C) of this Section, the Director may grant relief from no more than 2 of the following dimensional requirements:
1. Setbacks. Up to 10% of the required front, side, and rear setback standards.
2. Build-To Line. Up to 5% of the standards for building façade location.
3. Floor Area Ratio in Residential Zoning Districts. Parcel Coverage. Up to 5% of the maximum amount of floor area parcel coverage.
4. Height. Maximum height of buildings and structures, up to 5% or 2 feet, whichever is less. The modified height shall not exceed the maximum height permitted in the applicable land use district of the LUCE.
5. Transparency. Required ground-floor building transparency, up to 10% of minimum.
6. Parking, Loading, and Circulation. Modifications to dimensional standards that do not result in a reduction of required parking and loading spaces. 279
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Packet Pg. 1749 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
7. Outdoor Living Area. Allow common outdoor living area to be substituted in lieu of minimum required private outdoor living area in an equivalent amount. For the conversion of existing commercial or industrial buildings to live-work units, allow a reduction in the minimum required open space as necessary.
8. Bicycle Parking. Modification to the bicycle parking location requirements set forth in Section 9.28.140.
9. Parcel Lines. For corner parcels, consider the parcel line separating the narrowest street frontage of the parcel from the street as the side parcel line.
10. Exclusions. Minor Modifications pursuant to this Chapter shall not be granted for the following standards:
a. Parcel area, width, or depth;
b. Maximum number of stories;
c. Minimum or maximum number of required parking spaces; d. Residential density; or
e. Maximum floor area ratio (FAR) in non-residential zoning districts.
C. Subject to the requirements of this Chapter, the Director may grant relief from any of the dimensional requirements specified in subsection (B) of this Section for properties containing a Historic Resource.
D. For any Minor Modification application filed concurrently with an application that is subject to Planning Commission review, the Planning Commission may grant relief from any of the dimensional requirements specified in subsection (B) of this Section. 280
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Packet Pg. 1750 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) Section 9.43.030. Applicability: Major Modifications.
A. The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or by discretionary review in the District. In no case shall a Major Modification be granted pursuant to this Section to permit a new use or activity that is not otherwise permitted in the District where the property is located, nor shall a Major Modification be granted that alters the procedural or timing requirements of this Article.
B. Subject to the requirements of this Chapter and except as provided in subsection (C) of this Section, the Director may grant relief from no more than 2 of the following requirements:
1. Setbacks. Up to 20% or 5 feet, whichever is less of the required front, side, and rear setback standards.
2. Build-To Line. Up to 20% of standards for building façade location.
3. Floor Area Ratio in Residential Zoning Districts. Parcel Coverage. Up to 10% of the maximum amount of floor area parcel coverage.
4. Height. Maximum height of buildings and structures, up to 20% or 5 feet, whichever is less. The modified height shall not exceed the maximum height permitted in the applicable land use district of the LUCE.
5. Ground Floor (Floor-to-Floor) Height.
a. Minimum. Up to one foot of the required minimum ground floor (floor-to-floor) height.
b. Maximum. Up to 4 feet of the required maximum ground floor (floor-to-floor) height.
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Packet Pg. 1751 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
6. Landscaping. Up to 10% of the required landscaping.
7. Exclusions. Major Modifications pursuant to this Chapter shall not be granted for the following standards:
a. Parcel area, width, or depth;
b. Maximum number of stories;
c. Minimum or maximum number of required parking spaces; d. Residential density; or
e. Maximum floor area ratio (FAR) in non-residential zoning districts.
C. If the application for a Major Modification involves a project that includes the retention and preservation of a structure or improvement that is a City-designated Historic Resource, the Director may grant relief from maximum building height, maximum number of stories, required setbacks, maximum floor area ratio parcel coverage and building envelope requirements; permitted building height projections; permitted projections in required yard areas; access to private open space; landscaping; and provision of unexcavated yard areas.
D. For any Major Modification application filed concurrently with an application that is subject to Planning Commission review, the Planning Commission may grant relief from any of the dimensional requirements specified in subsection (B) of this Section.
Section 9.43.100. Required Findings for Major Modifications and Waivers.
A decision to grant a Major Modification or Waiver shall be based on the following findings:
A. The requested modification is consistent with the General Plan and any applicable area or specific plan;
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Packet Pg. 1752 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) B. The project as modified meets the intent and purpose of the applicable zone districts;
C. The approval or conditional approval of the requested modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or result in a change in land use or density that would be inconsistent with the requirements of this Ordinance;
D. The approval of the requested modification is justified by environmental features, site conditions, location of existing improvements, architecture or sustainability considerations, or retention of historic features or mature trees; E. The proposed design meets the Design Objectives of the Santa Monica Design Guidelines;
F. The proposed project will not significantly affect the properties in the immediate neighborhood as a result of approval or conditional approval of the major modification or be incompatible with the neighborhood character; and G. If the modification of maximum building height; maximum number of stories; required setbacks; maximum floor area ratio parcel coverage and building envelope requirements; permitted building height projections; permitted projections in required yard areas; access to private open space; landscaping; or provision of unexcavated yard areas is requested as part of a project that preserves a City-Designated Historic Resource, the Review Authority must make the following findings in addition to any other findings that this Section requires:
1. The proposed project conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties, as amended from time to time; 283
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Packet Pg. 1753 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
2. The proposed project conforms to the allowable land uses permitted in the applicable Zoning District or is a legal nonconforming use authorized in accordance with Section 9.27.050;
3. The proposed project does not exceed the maximum unit density permitted in the applicable Land Use District of the LUCE or the existing unit density of the City- Designated Historic Resource, whichever is greater;
4. The proposed project's requested height modification, if any, is only sought for a project that preserves a City-Designated Landmark or Structure of Merit, and the proposed height does not exceed the following:
a. Six feet above the height otherwise authorized in the LUCE in the portions of the R2 District generally bound by 4th Court to the west, 14th Court to the east, Montana Avenue to the north, and Wilshire Boulevard to the south, if developed in that area; or
b. The height permitted in the LUCE for the highest applicable land use classification so long as the FAR does not exceed the limitations established for Tier 2 projects in the same land use classification.
5. The proposed project does not exceed the maximum number of stories permitted in the LUCE for the applicable land use classification if any;
6. Covered porches and stairs, if any, of a City-Designated Historic Resource may project a maximum 12 feet into the required front setback area or maintain their current projection if greater than 12 feet provided that the building façade complies with the front setback requirement in the applicable Zoning District; 284
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Packet Pg. 1754 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
7. The provision of private open space has not been modified other than the requirement that private open space be adjacent to and accessible from, and at the same approximate elevation, as the primary space of the dwelling unit;
8. Modification of the requirements for the provision of unexcavated area in setback areas, if any, is required because the strict application of such requirements would not allow for the preservation of the City-Designated Historic Resource; and
9. The applicant agrees to record a deed-restriction prior to issuance of building permit for the project establishing that the City-Designated Historic Resource will be maintained for the life of the project.
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Packet Pg. 1755 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) CHAPTER 9.46 AMENDMENTS TO THE ZONING ORDINANCE AND MAP Section 9.46.050 Review Procedures and Public Notice.
A. Staff Report. The Director shall prepare a report and recommendation to the Planning Commission on any application for a zoning amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Section 9.46.080, Criteria for Zoning Amendments, for approving a zoning amendment and an environmental document prepared in compliance with the California Environmental Quality Act.
B. Public Hearing Required. All zoning amendments shall be referred to the Planning Commission, which shall hold at least one public hearing on any proposed amendment.
C. Public Notice. Notice of the hearing shall be given consistent with Chapter 9.37, Common Procedures. At least 10 days before the date of the public hearing, the Planning Division shall provide notice consistent with Chapter 9.37, Common Procedures.
Section 9.46.070. City Council Hearing and Action.
A. After receiving the report from the Planning Commission or a written request from an interested party pursuant to Section 9.46.060(B), the City Council shall hold a dulynoticed public hearing. Notice of the hearing shall be given consistent with Chapter 9.37, Common Procedures. At least 10 days before the date of the public hearing, the Planning Division shall provide notice consistent with Chapter 9.37, Common Procedures. The notice shall include a summary of the Planning Commission recommendation.
B. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment.
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Packet Pg. 1756 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) Chapter 9.47 Neighborhood Conservation Overlay Districts Section 9.47.070 Standards.
A. Each NCOD shall identify what is critical to its conservation and may require additional and/ or modified standards. In addition to regulations, each NCOD may adopt design guidelines, incentives, as well as a "Pattern Book" approach.
B. Standards may include, but shall not be limited to, the following elements:
1. Building height, number of stories;
2. Floor Area Ratio Parcel coverage;
3. Setbacks;
4. Off-street parking requirements;
5. Ground level open space requirements;
6. Garage entrance location;
7. Design standards;
8. Building materials;
9. Fences and walls;
10. Landscaping;
11. Street trees;
12. Paving patterns, hardscape covering; and
13. Porch designs.
C. The NCOD ordinance may provide a procedure to modify development standards when an alternative design would better achieve the objective of a standard or design guideline.
D. The NCOD ordinance may include incentives that are appropriate and encourage conservation within the NCOD.
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Packet Pg. 1757 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) DIVISION 5 GENERAL TERMS
Chapter 9.51, Use Classifications
Chapter 9.52, Terms and Definitions
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Packet Pg. 1758 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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 289
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Packet Pg. 1759 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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. 1760 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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 291
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Packet Pg. 1761 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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. 1762 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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 293
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Packet Pg. 1763 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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 294
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Packet Pg. 1764 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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 (B)(A)(3);
iii. Emergency shelter, as set forth in subsection (B)(A)(4); iv. Residential facility, as set forth in subsection (B)(10)(A)(7); v. Supportive housing, as set forth in subsection (B)(12)(A)(8); or
vi. Transitional housing, as set forth in subsection (B)(13)(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 295
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Packet Pg. 1765 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 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.
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.
9.51.030. Nonresidential Use Classifications.
A. Public and Semi-Public Use Classifications.
1. Adult Day Care. Establishments providing non-medical care for persons 18 years of age or older on a less than 24-hour basis licensed by the State of California.
2. Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.
3. Child Care and Early Education Facility. Establishments providing non-medical care for persons less than 18 years of age on a less than 24-hour basis 296
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Packet Pg. 1766 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) other than family day care (small and large). This classification includes commercial and nonprofit nursery schools, preschools, day care facilities for children, and any other day care facility licensed by the State of California. See Division 3, Section
9.31.120, Child Care and Early Education Facilities, for further details.
4. College and Trade School. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes junior colleges, business and computer schools, management training, technical and trade schools, but excludes personal instructional services such as music lessons.
5. Community Assembly. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic auditoriums, union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated. See Division 3, Section 9.31.100, Community Assembly, for further details.
6. Community Garden. An area of land managed and maintained by a public or nonprofit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may 297
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Packet Pg. 1767 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) include common areas maintained and used by group members. Community gardens may be accessory to public or institutional uses such as parks, schools, community centers, or religious assembly uses. This classification does not include gardens that are on a property in residential use when access is limited to those who reside on the property. Community gardens do not include medical marijuana collectives.
7. Cultural Facility. Facilities engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature.
8. Hospitals and Clinics. State-licensed public, private, and nonprofit facilities providing medical, surgical, mental health, or emergency medical services.
This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinary services and animal hospitals (see Animal Care, Sales, and Services). a. Hospital. A facility providing medical, surgical, mental health, or services primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors. 298
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Packet Pg. 1768 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) b. Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment.
This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out- patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale (see Offices, Medical and Dental). c. Community Clinic. As defined in Section 1204 of the Health and Safety Code, a clinic operated by a tax-exempt nonprofit corporation that is supported and maintained in whole or in part by donations, bequests, gifts, grants, government funds or contributions, that may be in the form of money, goods, or services.
9. Park and Recreation Facility. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public. This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, golf courses, and botanical gardens, as well as related food concessions or community centers within the facilities and restrooms within a primary structure or in an accessory structure on the same site.
10. Public Safety Facility. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities. 299
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11. School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools.
12. Social Service Center. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less than 24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Adult Day Care and Child Care and Early Education Facility), clinics (see Clinic), and emergency shelters providing 24-hour or overnight care (see Emergency Shelter).
B. Commercial Use Classifications.
1. Adult-Oriented Business. See Sexually-Oriented Businesses.
2. Animal Care, Sales and Services. Retail sales and services related to the boarding, grooming, and care of household pets, including:
a. Grooming and Pet Store. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services (see General Retail Sales). b. Kennel. A commercial, nonprofit, or governmental facility for keeping, boarding, training, breeding or maintaining 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24-hour basis. This classification includes animal shelters and animal hospitals that 300
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Packet Pg. 1770 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) provide boarding-only services for animals not receiving services on the site but excludes the provision by shops and hospitals of 24-hour accommodation of animals receiving medical services on site. This classification also includes kennels that, in addition to 24-hour accommodation, provide pet care for periods of less than 24 hours but it does not include facilities that provide pet day care exclusively or predominantly.
c. Pet Day Care Service. A commercial, nonprofit, or governmental facility for keeping 4 or more dogs, cats, or other household pets not owned by the kennel owner or operator primarily for periods of less than 24 hours. d. Veterinary Service. Veterinary services for domesticated animals.
This classification allows 24-hour accommodation of animals receiving medical services but does not include kennels.
3. Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and motorcycles, including the following:
a. Alternative Fuels and Recharging Facility. A facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electric-powered vehicles. This classification does not include facilities within public garages or other stations that are accessory to a permitted use.
b. Automobile Rental. Rental of automobiles. Typical uses include car rental agencies. See Division 3, Section 9.31.050, Automobile Rental, for further details.
301
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Packet Pg. 1771 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) c. Automobile Storage Parcel. Any property used for short- or longterm parking of vehicles for sale or lease at an automobile dealership or rental agency on a separate parcel from such agency or dealership. d. Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of new or used automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales for vehicles sold or leased by the manufacturer associated with the dealership. (For auto repair, see Automobile/ Vehicle Service and Repair, Major and Minor.) This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles (see Automobile Storage Parcel). Typical uses include automobile dealers and recreational vehicle sales agencies. This classification also includes minor on-site preparation, washing, buffing, waxing, and detailing of vehicles for sale or vehicles repaired at the facility. Any outdoor preparation, washing, buffing, waxing, and detailing of vehicles shall comply with the standards of Section 9.31.080(C), (D), (M), (N), (P), and (Q). This classification does not include automobile brokerage and other establishments that solely provide services of arranging, negotiating, assisting, or effectuating the purchase of automobiles for others. See Division 3, Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage, for further details. e. Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts. This 302
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Packet Pg. 1772 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and installation, and installation of car alarms, sound, telecommunications, and navigation systems, but excludes vehicle dismantling or salvaging and tire retreading or recapping. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details.
f. Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, as well as smog check quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. It also excludes repair of heavy trucks, limousines or construction vehicles. See Division 3, Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for further details. g. Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, that are the principal use of a building, 303
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Packet Pg. 1773 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) structure, or site, including self-serve washing facilities. See Division 3, Section
9.31.080, Automobile/Vehicle Washing, for further details. h. Large Vehicle and Equipment Sales, Service, and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities. i. Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing accessory food and retail services. See Division 3, Section 9.31.320, Service Stations, for further details. j. Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking). This classification includes parcels used for storage of impounded vehicles.
4. Banks and Financial Institutions.
a. Bank and Credit Union. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but excluding checkcashing businesses. For administration, headquarters, or other offices of banks 304
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Packet Pg. 1774 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) and credit unions without retail banking services/on-site circulation of money (see Offices, Business and Professional).
b. Check Cashing Business. Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the check casher refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement as provided in Civil Code 1789.33. Check Cashing Businesses do not include State or Federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retail sellers engaged primarily in the business of selling consumer goods, such as consumables to retail buyers that cash checks or issue money orders incidental to their main purpose or business.
5. Bar. See Eating and Drinking Establishments.
6. Business Service. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, mailbox services, equipment rental and leasing, office security, custodial services, film processing, model building, and delivery services with 2 or fewer fleet vehicles on-site. (For 3 or more fleet vehicles, see Light Fleet-Based Services.)
7. Commercial Entertainment and Recreation. Provision of participant or spectator entertainment. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons. a. Cinema. Facilities for indoor display of films and motion pictures. 305
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Packet Pg. 1775 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) b. Theater. Facilities designed and used for entertainment, including plays, comedy, and music, which typically contain a stage upon which movable scenery and theatrical appliances or musical instruments and equipment are used.
c. Convention and Conference Centers. Facilities designed and used for conventions, conferences, seminars, trade shows, product displays, and other events in which groups gather to promote and share common interests. Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms, as well as accessory uses such as facilities for food preparation and serving and administrative offices. For conference facilities accessory to hotels, see Hotel and Motel.
d. Large-Scale Facility. This classification includes large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, and golf courses.
It also includes indoor facilities with 5,000 square feet or more in building area such as fitness centers, gymnasiums, handball, racquetball, or large tennis club facilities; ice or roller skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges; and riding stables. e. Small-Scale Facility. This classification includes small, generally indoor facilities that occupy less than 5,000 square feet of building area, such as billiard parlors, card rooms, game arcades, dance halls, small tennis club facilities, poolrooms, and amusement arcades.
306
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Packet Pg. 1776 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) f. Fortunetelling. An establishment where a person or persons provide fortunetelling services and demand or receive, directly or indirectly, a fee or reward, or accept any donation for the exercise or exhibition of fortunetelling services, or give an exhibition of fortunetelling services at any place where a fee, donation or reward is charged or received, directly or indirectly as a condition of entry. Fortunetelling services shall include, but not be limited to, the telling of fortunes, forecasting of futures, or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, psychic reading, occult reading, clairvoyance, clairaudience, cartomancy, psychometry, phrenology, spirits, mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, tarot card readings, tea leaves, telepathy or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic of any kind or nature.
8. Eating and Drinking Establishments. Businesses primarily engaged in selling and serving prepared food and/or beverages for consumption on or off the premises.
a. Bar/Night Club/Lounge. Businesses that are licensed by the State to serve alcoholic beverages, including beer, wine and mixed drinks for consumption on the premises from a liquor service facility that is physically separate from the dining area and may be operated during hours when food is not served. See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.
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Packet Pg. 1777 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) b. Restaurant, Full-Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may also be provided. See Division 3, Section
9.31.040, Alcoholic Beverage Sales, where applicable, for further details. c. Restaurant, Limited-Service and Take-Out. Establishments where food and beverages may be consumed on the premises, taken out, or delivered. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-food restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. It excludes catering services that do not sell food or beverages for on-site consumption (see Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and Take Out Only, where applicable, for further details.
d. Food Hall. Establishments consisting of three or more individually licensed businesses within an enclosed building where food and beverages may be consumed on the premises, taken out, or delivered, and may also include small retail venues. Patrons may be served while seated and pay after eating, or orders may be made at a walk-up window, counter, machine, or remotely, and payment made prior to food consumption. Characteristics of food halls include but are not limited to: shared entrance/lobby areas, compartmentalized spaces for individually licensed businesses, shared eating 308
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Packet Pg. 1778 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) areas, shared restrooms, and shared "back of house" areas (e.g., storage, dishwashing, food preparation). Each compartmentalized space may have access to the exterior of the building, along with outdoor dining and seating areas, which may be shared with other businesses within the establishment. e. With Drive-Through Facility. Establishments providing food and beverage services to patrons remaining in automobiles. Includes drive-up service.
f. With Outdoor Dining and Seating Area. Provision of outdoor dining facilities on the same property or in the adjacent public right-of-way. See Division 3, Section 9.31.200, Outdoor Dining and Seating, for further details.
9. Equipment Rental. Establishments whose primary activity is the rental of equipment, such as medical and party equipment, to individuals and business, and whose activities may include storage and delivery of items to customers.
10. Food and Beverage Sales. Retail sales of food and beverages for offsite preparation and consumption. Typical uses include food markets, groceries, and liquor stores.
a. Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption. These establishments typically have long or late hours of operation and occupy a relatively small building. This classification includes small retail stores located on the same parcel as or operated in conjunction with a Service Station but does not include delicatessens or specialty food shops. It excludes establishments 309
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Packet Pg. 1779 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) that offer a sizeable assortment of fresh fruits and vegetables or fresh-cut meat (see General Market). See Division 3, Section 9.31.040, Alcoholic Beverage Sales, for further details.
b. Farmers Market. A location where the primary activity is the sale of agricultural products by producers and certified producers. Sales of ancillary products may occur at the location. An open air farmers market may only be operated by a local government agency.
c. General Market. Retail food markets of food and grocery items primarily for offsite preparation and consumption. Typical uses include supermarkets and specialty food stores such as retail bakeries; candy, nuts and confectionary stores; meat or produce markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include smallscale specialty food production with retail sales such as pasta shops. See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.150, General Markets in Residential Districts, where applicable, for further details. d. Liquor Store. Establishments primarily engaged in selling packaged alcoholic beverages for off-site consumption. See Division 3, Section
9.31.040, Alcoholic Beverage Sales, for further details.
11. Funeral Parlor and Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.
310
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Packet Pg. 1780 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
12. Home Occupation. A use that is incidental and secondary to the primary residential use of a dwelling and compatible with surrounding residential uses. These uses include business, professional, and creative offices, food production, limited personal services, and urban agriculture. See Division 3, Section 9.31.160, Home Occupations for further details.
13. Instructional Services. Establishments that offer specialized programs in personal growth and development, typically in a classroom setting. Typical uses include classes or instruction in music, health, athletics, art, or academics.
Instructional Services may include rehearsal studios as an accessory use. This use type excludes Colleges and Trade Schools and facilities that offer instructional services (see General Personal Services). This use type also excludes gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Personal Services-Physical Training.
14. Live-Work. A unit that combines a work space and incidental residential space occupied and used by a single household in a structure that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the Building Code. The working space is reserved for and regularly used by one or more occupants of the unit. See Division 3, Section 9.31.170, LiveWork Units, for further details.
15. Lodging. An establishment providing overnight accommodations to transient patrons who maintain a permanent place of residence elsewhere for payment for periods of 30 consecutive calendar days or less. 311
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Packet Pg. 1781 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) a. Bed and Breakfast. A residential structure that is in residential use in which the property owner or manager lives on site and within which up to 4 bedrooms are rented for overnight lodging and where meals may be provided.
See Division 3, Section 9.31.090, Bed and Breakfasts, for further details. b. Hotel and Motel. An establishment providing temporary lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, apartment hotels, hostels and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, single-room occupancy housing, or bed and breakfast establishments within a single-unit residence.
c. Vacation Rental. A property with a dwelling unit or guest house intended for permanent occupancy that is available for rent or hire for any person other than the primary owner for transient use for 30 days or less or is otherwise occupied or utilized on a transient basis for 30 days or less. Vacation rental does not include a Bed and Breakfast as defined above.
16. Maintenance and Repair Service. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of motor vehicles or boats (see Automotive/Vehicle Sales and Services) and personal apparel (see Personal Services).
312
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Packet Pg. 1782 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
17. Mobile Food Truck Off-Street Venue. A location where the commercial vending of food occurs from parked vehicles.
18. Nursery and Garden Center. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in packaged form only.
19. Offices. Offices of firms, organizations (for-profit and nonprofit), and public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings but excluding clinics or independent research laboratory facilities (see Research and Development) and hospitals (see Hospital and Clinic).
a. Business and Professional. Offices of firms, organizations, or agencies providing professional, executive, management, administrative, financial, accounting, or legal services, but excluding those that primarily provide direct services to patrons that visit the office (see Offices, Walk-In Clientele).
313
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Packet Pg. 1783 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) b. Creative. Offices, production spaces, and work spaces of establishments that are in the business of the development, publishing, production, or distribution of creative property, including, but not limited to, advertising, architectural services, broadcasting, communications, computer software design, media content, entertainment, engineering, fashion design, film distribution, graphic design, interior design, internet content, landscape design, photography, and similar uses.
c. Medical and Dental. Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use if it supports the on-site patient services.
d. Walk-In Clientele. Offices predominantly providing direct services to patrons or clients and do not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated (see Banks and Financial Institutions).
20. Parking, Public or Private. Structures and surface lots offering parking for a fee when such use is not incidental to another on-site activity. 314
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Packet Pg. 1784 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
21. Personal Service.
a. General Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, dry cleaning agents (excluding largescale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended for the consumer. This classification also includes massage establishments that are in full compliance with the applicable provisions of Chapter 6.104, Massage Regulations, of the Santa Monica Municipal Code, and in which all persons engaged in the practice of massage are certified pursuant to the California Business and Professions Code Section 4612. This classification does not include gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction. See Division 3, Section 9.31.230, Personal Service, for further details.
b. Personal Services, Physical Training. Gyms, exercise clubs, or studios less than 5,000 square feet offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups. This classification also includes exclusively youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction to classes and groups of more than 5 persons. c. Tattoo or Body Modification Parlor. An establishment whose principal business activity is one or more of the following: (i) using ink or other 315
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Packet Pg. 1785 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or (ii) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. See Division 3, Section 9.31.230, Personal Service, for further details.
22. Retail Sales.
a. Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumberyards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than 10,000 square feet or establishments engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunitions. b. General Retail Sales, Small-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with 25,000 square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware and garden supply/nurseries stores (with 10,000 square feet or less of floor area), and businesses retailing goods including, but not limited to, the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, 316
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Packet Pg. 1786 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small- item repairs. See Division 3, Sections 9.31.210, Outdoor Newsstands, and 9.31.220, Outdoor Retail Display and Sales, where applicable, for further details.
c. General Retail Sales, Medium-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with more than 25,000 square feet but not more than 80,000 square feet of sales area.
d. General Retail Sales, Large-Scale. Retail establishments with over 80,000 square feet of sales area that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25% of the floor area. e. Medicinal Cannabis Retailer. A licensed premises which is a physical location from which retail medicinal cannabis or medicinal cannabis products are intended to be sold for use, pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation. The premises may be closed to the public; sales may be made exclusively by delivery. Subject to the provisions of SMMC Section 9.31.185, medicinal cannabis retailers shall be permitted to deliver, 317
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Packet Pg. 1787 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) cultivate, or sell adult-use cannabis or adult-use cannabis products, as licensed and regulated by Business and Professions Code Section 26000 et seq., and as amended from time to time, to persons 21 years of age and over. f. Pawn Shop. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans in exchange for personal property.
g. Swap Meet. Any indoor or outdoor place, in an approved location, or for an approved activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to: flea markets, auctions, open air markets, outdoor sales activities, or other similarly named or labeled activities; but does not include supermarket or department store retail operations. See Division 3, Sections 9.31.360, Swap Meets, and 9.31.220, Outdoor Retail Display and Sales, for further details.
23. Restaurants. See Eating and Drinking Establishments.
24. Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented Businesses, for details.
C. Industrial Use Classifications.
1. Artist's Studio. Work space for an artist or artisan, including individuals practicing one of the fine arts or performing arts, or an applied art or craft. This use may include incidental display and retail sales of items produced on the premises and 318
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Packet Pg. 1788 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) instructional space for small groups of students. It does not include joint living and working units (see Live-Work).
a. Studio-Light. Small-scale art production that is generally of a low impact. Typical uses include painting, photography, jewelry, glass, textile, and pottery studios.
b. Studio-Heavy. Art production on a medium or large scale generally using heavy equipment. Typical uses include large-scale metal and woodworking studios.
2. Commercial Kitchen. Kitchens used for the preparation of food to be delivered and consumed off-site. Typical uses include catering facilities. This classification does not include businesses involved in the processing or manufacturing of wholesale food products (see Industry, Limited).
3. Construction and Material Yard. Storage of construction materials or equipment on a site other than a construction site.
4. Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes operations such as agriculture processing; biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing.
319
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Packet Pg. 1789 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
5. Industry, Limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; sign painting shops; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services. It also includes the preparation, manufacturing, and/or packaging of food, medicinal cannabis, and medicinal cannabis products for off-site use or consumption using nonvolatile solvents, or no solvents. Typical food manufacturing uses include canners, roasters, breweries, wholesale bakeries, and frozen food manufacturers.
6. Media Production. Establishments engaged in the production of movies, video, music and similar forms of intellectual property. Typical facilities include movie and recording studios and production facilities, distribution facilities, editing facilities, catering facilities, printing facilities, post-production facilities, set construction facilities, sound studios, special effects facilities and other entertainment-related production operations. This classification does not include facilities for live audiences (see Commercial Entertainment and Recreation) or transmission and receiving equipment for radio or television broadcasting (see Communication Facility). a. Support Facility. Administrative and technical production support facilities such as offices, editing and sound recording studios, film laboratories, and similar functions that occur entirely within a building. 320
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Packet Pg. 1790 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) b. Full-Service Facility. Indoor and outdoor production facilities, distribution facilities, post-production facilities, set construction facilities, sound stages, special effects facilities, and other media-related production operations.
7. Recycling Facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities (see Utilities, Major). See Division 3, Section 9.31.260, Recycling Facilities, for further details.
a. Recycling Collection Facility. An incidental use that serves as a neighborhood drop-off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on site. b. Recycling Processing Facility. A facility that receives, sorts, stores and/or processes recyclable materials.
8. Research and Development. A facility for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. This classification includes assembly of related products from parts produced off site where the manufacturing activity is secondary to the research and development activities.
9. Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of 321
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Packet Pg. 1791 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) goods, including, but not limited to any used building materials, used containers or steel drums, used tires, and similar or related articles or property.
10. Warehousing, Storage, and Distribution. Storage and distribution facilities without sales to the public on-site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant.
a. Chemical, Mineral, and Explosives Storage. Storage and handling of hazardous materials including, but not limited to: bottled gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives.
b. Indoor Warehousing and Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials. This classification also includes cold storage, draying or freight, moving and storage, and warehouses. It excludes the storage of hazardous chemical, mineral, and explosive materials.
c. Outdoor Storage. Storage of vehicles or commercial goods or materials in open parcels.
d. Personal Storage. Facilities offering enclosed storage with individual access for personal effects and household goods, including miniwarehouses and mini- storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.
322
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Packet Pg. 1792 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) e. Wholesaling and Distribution. Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business- to-business sales, but may sell to individual consumers through mail or internet orders. They normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic. This classification does not include wholesale sale of building materials (see Building Materials and Services).
D. Transportation, Communication, and Utilities Use Classifications.
1. Airports and Heliports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal buildings and parking, air freight terminals, baggage handling facilities, aircraft hangar and public transportation and related facilities, including bus operations, servicing and storage. This classification also includes support activities such as fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops, and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States Government and/or the State for the safety of aircraft operations.
2. Bus/Rail Passenger Station. Facilities for passenger transportation operations. This classification includes rail and bus stations and terminals but does not 323
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Packet Pg. 1793 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) include terminals serving airports or heliports. Typical uses include ticket purchasing and waiting areas out of the public right-of-way, restrooms, and accessory uses such as cafés.
3. City Bikeshare Facility. Land and equipment used for the operation or maintenance of a network of publicly-owned and publicly-available bicycles in a bikeshare system in the City of Santa Monica. These facilities may include stations, hubs, parking facilities, payment/customer service kiosks, map stands, and helmet vending.
4. Communication Facilities. Facilities for the provision of broadcasting and other information relay services through the use of electronic and telephonic mechanisms.
a. Antenna and Transmission Tower. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one or more reception or transmission systems. Typical uses include radio towers and television towers. Notwithstanding the foregoing, facilities described in Chapter 9.32, including, without limitation, personal wireless service facilities and over-the-air reception devices ("OTARDs") shall not be considered antenna and transmission towers for purposes of this use classification and shall only be subject to the applicable provisions and permit requirements in Chapter 9.32, Personal Wireless Service Facilities.
b. Equipment Within Buildings. Indoor facilities containing primarily communication equipment and storage devices such as computer servers. 324
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Packet Pg. 1794 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
5. Freight/Truck Terminal and Warehouse. Facilities for freight, courier, and postal services by truck or rail. This classification does not include local messenger and local delivery services (see Light Fleet-Based Service).
6. Light Fleet-Based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of 3 or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, nonemergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see Automobile/Vehicle Sales and Service, Towing and Impound) or taxi or delivery services with 2 or fewer fleet vehicles on site (see Business Services).
7. Utilities, Major. Generating plants, electric substations, and solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.
8. Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines.
9. Waste Transfer Facility. A facility that operates as a materials recovery, recycling and solid waste transfer operation providing solid waste recycling and transfer services for other local jurisdictions and public agencies that are not located within the City. The facility sorts and removes recyclable materials (including 325
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Packet Pg. 1795 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) paper, metal, wood, inert materials such as soils and concrete, green waste, glass, aluminum and cardboard) through separation and sorting technologies to divert these materials from the waste stream otherwise destined for landfill. 326
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Packet Pg. 1796 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) CHAPTER 9.52 TERMS AND DEFINITIONS
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 327
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9.27.050(B), Nonconforming Uses, Structures, and Parcels, for additional regulations.
9.52.020.0070 Abutting, Adjoining, or Adjacent. Having a common property line or district line or separated only by an alley, path, private street, or easement.
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. 328
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Packet Pg. 1798 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) B. For 50% income households, the product of 30% times 50% of the area median income adjusted for household size appropriate for the unit.
C. For 80% income households whose gross incomes exceed the maximum incomes for 50% income households, the product of 30% times 60% of the area median income adjusted for household size appropriate for the unit.
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; 329
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Packet Pg. 1799 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) B. A person who creates imaginative works of aesthetic value, including, but not limited to, literature, poetry, play writing, film, video, digital media works, literature, costume design, photography, architecture, music composition, and conceptual art;
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 330
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Packet Pg. 1800 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) no portion of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade projects more than 3 feet above Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade. Up to 4 wall surfaces of the level directly below Average 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 331
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Packet Pg. 1801 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) considered part of the principal building if located less than 6 feet from the principal building or if connected to it by fully enclosed space.
9.52.020.0300 Building, Principal. A building in which the principal use of the parcel on which it is located is conducted.
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. 332
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9.52.020.0400 California Environmental Quality Act (CEQA). Public Resources Code Section 21000 et seq., or any successor statute and associated guidelines (California Code of Regulations Section 15000 et seq.) that 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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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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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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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 the Planning and Community Development Department 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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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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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. 338
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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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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 consistent with the definition of “Housing Development Project” for purposes of the Housing Accountability Act, Government Code Section 65589.5, as may be amended, consisting of any of the following:
A. Residential units only;
B. Mixed-use developments consisting of residential and nonresidential uses that meet any of the following conditions:
1. At least two-thirds of the new or converted square footage is designated for residential use.
2. At least 50% of the new or converted square footage is designated for residential use and the project meets both of the following:
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Packet Pg. 1810 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) a. The project includes at least 500 net new residential units.
b. No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be
designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
3. At least 50% of the net new or converted square footage is designated for residential use and the project meets all of the following:
a. The project includes at least 500 net new residential units.
b. The project involves the demolition or conversion of at least 100,000 square feet of nonresidential use.
c. The project demolishes at least 50 percent of the
existing nonresidential uses on the site.
d. No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be
designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
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.
D. Farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code.
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.
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9.52.020.1140 Intensity of Use. The extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located, the demand for services, and persons who live, work, and visit the area. Measures of intensity include, but are not limited to, requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light or glare generated; the number of persons attracted to the site, or, in eating establishments, the number of seats.
9.52.020.1145 Interactive Process. A good faith dialogue to exchange information to identify, evaluate, and implement an accommodation or modification that allows person with a disability equal opportunity to use and enjoy a dwelling.
9.52.020.1150 Intersection, Street. The area common to 2 or more intersecting streets.
9.52.020.1155 Junior Accessory Dwelling Unit. A dwelling unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed single-unit dwelling. See Division 3, Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.
9.52.020.1160 Kitchen. A room or space within a building with appliances used for cooking or preparing food that includes at a minimum, but is not limited to, a sink, refrigerator, and built-in stove top or range.
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 342
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Packet Pg. 1812 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) installation. Mature heights of groundcover will usually range from 3 inches to 3 feet.
9.52.020.1210 Hedge. A boundary or barrier of plant material formed by a row or series of shrubs, bushes, trees, or other similar vegetation that enclose, divide, or protect an area or that prevent a person from passing between any combination of individual shrubs, bushes, trees, or other similar vegetation.
9.52.020.1220 Irrigation System. Any system, excluding water features, for distribution of water through a pressurized system within the landscape area, including, but not limited to, any system in which any portion is installed below grade or affixed to any structure.
9.52.020.1230 Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose. See Section 9.26.060.
9.52.020.1240 Moisture Sensing Device. A device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.
9.52.020.1250 Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
9.52.020.1260 Plant Area. The portion of a parcel that is dedicated to the installation of landscaping.
9.52.020.1270 Lighting. The following terms are related to Section 9.21.080, Lighting.
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9.52.020.1280 Foot-Candle. A quantitative unit of measure for luminance. One footcandle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. Equal to one lumen uniformly distributed over an area of one square foot.
9.52.020.1290 Light Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.
9.52.020.1300 Shielded Fixture. Outdoor light fixtures shielded or constructed so that light rays emitted by the lamp are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.
9.52.020.1310 Lightwell. The portion of buildable area that is reserved as open space for light and air, usually enclosed by building walls on the subject property or adjacent property and extends for one or more floors.
9.52.020.1320 Living Quarters. A structure or portion thereof that is used principally for human habitation.
9.52.020.1330 Loading Space. An off-street space or berth on the same parcel with a building for the temporary parking of a vehicle while loading or unloading of goods.
9.52.020.1340 Loft. See Mezzanine.
9.52.020.1350 Lot. See Parcel.
9.52.020.1360 Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition.
9.52.020.1365 Major Transit Stop. Major transit stop as defined in Public Resources Code Section 21064.3.
9.52.020.1370 Manufactured Housing. A structure as defined by Health and Safety Code Section 18007, or any successor thereto.
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9.52.020.1380 Mezzanine. An intermediate floor within a building interior without walls, partitions, closets, screens or other complete enclosing interior walls or partitions that is open to the floor below and has a floor area that is no greater than one-third of the total area of the overlooked room below. When the total floor area of a mezzanine exceeds one-third of the total area of the overlooked room below it constitutes an additional story and is no longer considered a mezzanine. 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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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 346
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Packet Pg. 1816 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 2 or more parcels where the owner(s) have recorded a covenant with the Office of the County Recorder that states the intention of the owner(s) to combine and use the parcels as a single unit of land in compliance with City regulations.]
9.52.020.1540 Parcel, Corner. A parcel of land abutting 2 or more streets at their intersection, or upon 2 parts of the same street forming an interior angle of less than 135 degrees.
9.52.020.1550 Parcel, Flag. A parcel not fronting on or abutting a public road and where access is from a public road by a narrow right-of-way or driveway.
9.52.020.1560 Parcel, Key. The first interior parcel to the rear of a reversed corner parcel and not separated therefrom by an alley.
9.52.020.1570 Parcel, Reversed Corner. A corner parcel, the side street line of which is substantially a continuation of the front parcel line of the first parcel to its rear.
9.52.020.1580 Parcel, Through. A parcel which fronts on 2 parallel streets or which fronts upon 2 streets which do not intersect at the boundaries of the parcel.
9.52.020.1590 Parcel Area. The total area within the property lines of a parcel, excluding any street or alley right-of-way.
9.52.020.1600 Parcel Depth. The longest perpendicular length between a front and rear parcel line or an imaginary extension of a rear parcel line as necessary for non-rectilinear parcels.
9.52.020.1610 Parcel Frontage. The width of the front parcel line measured at the street right-of-way.
9.52.020.1620 Parcel Line. A line of record bounding a parcel that divides one parcel from another parcel or from a public or private street or any other public space.
9.52.020.1630 Parcel Line, Front. The parcel line separating a parcel from a street right-of-way. In the case of a corner parcel, the line separating the narrowest street frontage of the parcel from the street shall be 347
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Packet Pg. 1817 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) considered the front. For corner parcels with equal street frontage dimensions, the front of the parcel is the street frontage that is consistent with the prevailing street frontage orientations along the block where the corner parcel is located. For parcels between a walk street and an alley, the front of the parcel is considered along the walk street. For through parcels between a walk street and a street with vehicular access, the front of the parcel is considered along the street with vehicular access.
9.52.020.1640 Parcel Line, Rear. The parcel line opposite and most distant from the front parcel line; or in the case of triangular or otherwise irregularly shaped parcel, a line 10 feet in length entirely within the parcel, parallel to, and at a maximum distance from the front parcel line.
9.52.020.1650 Parcel Line, Side. Any parcel line other than a front or rear parcel line.
9.52.020.1660 Parcel Width. For rectilinear parcels, the distance between the side parcel lines determined by the length of a straight line drawn at right angles to the side parcel lines and parallel with both the front and rear parcel lines.
For non-rectilinear parcels, a series of measurements based on the location of the side parcel lines shall be required to determine varying parcel widths at any given locations on the parcel.
9.52.020.1670 Parking Facility. An area of a parcel, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.
9.52.020.1680 Accessory Parking. An area of a parcel, structure, or any other area, which is designed, reserved for, and the primary purpose of which is to provide off-street parking to serve a building or use that is the primary or main use of the parcel.
9.52.020.1690 Long-Term Parking. An area designed for employee or parking when a vehicle is not normally moved during the period of an employee’s work shift, as opposed to customer or visitor parking.
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9.52.020.1700 Parking, Bicycle. A covered or uncovered area equipped with a rack or other device designed and useable for the secure, temporary storage of bicycles.
9.52.020.1710 Long-Term Bicycle Parking. Bicycle parking that is designed to serve employees, students, residents, commuters, and others who generally stay at a site for 3 hours or longer.
9.52.020.1720 Short-Term Bicycle Parking. Bicycle parking that is designed to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of less than 4 hours.
9.52.020.1730 Parking Space, Off-Street. An area, covered or uncovered, designed and usable for the temporary storage of a vehicle, which is paved and accessible by an automobile without permanent obstruction.
9.52.020.1740 Accessible Parking. Parking spaces that are designed and reserved for a vehicle(s) that is dedicated to persons with disabilities.
9.52.020.1745 Automated Parking System. Off-street parking facility where vehicular storage and retrieval within such facility is accomplished entirely through a mechanical conveyance system. A parking facility with parking lift systems that require an attendant to maneuver a vehicle that is to be parked shall not be considered an automated parking facility.
9.52.020.1750 Car Share Parking. Parking spaces that are dedicated for a vehicle(s) provided by a certified car-share organization for the purpose of providing a car-share-service to occupants of a building or the general public.
9.52.020.1760 Independently-Accessible Parking. Parking spaces that allow a vehicle to be accessed without having to move another vehicle under its own power. They shall include spaces accessed by automated garages, or car elevators, lifts or other space-efficient parking provided that no more than one car needs to be moved under its own power to access any one space.
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9.52.020.1770 Shared Parking. The management of parking spaces so that they can be used by multiple users. This allows for the more efficient use of parking facilities. Parking may be shared between multiple users on the same parcel, between multiple users on different parcels, or in dedicated shared parking facilities such as public parking lots.
9.52.020.1780 Stacked Parking. Space-efficient parking in which vehicles are stored and accessed by mechanical stackers or lifts or other spaceefficient means.
9.52.020.1790 Tandem Parking. Parking spaces that are placed one behind another and where a vehicle needs to be moved to access the desired parking space.
9.52.020.1800 Unbundled Parking. The practice of selling or leasing parking spaces separate from the purchase or lease of the commercial or residential use.
9.52.020.1810 Valet Parking. Stacked or valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. The automated system may or may not be managed by an attendant.
9.52.020.1820 Parking Structure. A structure used for parking and storage of vehicles.
9.52.020.1830 Semi-Subterranean. A parking structure located partially underground.
9.52.020.1840 Subterranean. A parking structure located entirely underground, except for openings for ingress and egress.
9.52.020.1850 Patio. An outdoor area, often paved, adjoining a building that is used for outdoor open space. It is not fully enclosed by walls and typically is located at grade or supported by minimal footings.
9.52.020.1860 Paving. A type of material used over areas of a parcel such as driveways, parking spaces and areas, pathways, patios, and front setbacks used for access by vehicles and pedestrians.
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9.52.020.1870 Permit. Any Zoning Conformance, Conditional Use Permit, Minor Use Permit, Temporary Use Permit, Development Review Permit, Administrative Approval, Home Occupation, Building Permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.
9.52.020.1880 Permitted Use. Any use or structure that is allowed in a zoning district without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that zoning district.
9.52.020.1890 Person. Any natural person or other entity recognized by California law as such, including a firm, association, organization, partnership, business trust, company, or corporation.
9.52.020.1900 Person with a Disability. A person who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having that type of impairment; or anyone who has a record of that type of impairment.
9.52.020.1910 Planning Commission. The Planning Commission of the City of Santa Monica.
9.52.020.1920 Plaza. An outdoor space set aside for gathering or congregating and commercial activities, typically surrounded by building frontages.
9.52.020.1930 Podium. A building beneath a taller multi-story building of smaller area.
9.52.020.1940 Porte Cochere. A roofed structure through which a vehicle can pass, extending from the entrance of a building over an adjacent driveway, the purpose of which is to shelter persons entering and exiting a building.
9.52.020.1950 Pre-Existing. In existence prior to the effective date of this Article.
9.52.020.1960 Primary Use. See Use, Primary.
9.52.020.1970 Private Tennis Court. A tennis court which is used for noncommercial purposes by the owner(s) of the property or guests.
9.52.020.1980 Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. This term includes, but is not limited to, any 351
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Packet Pg. 1821 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) action that qualifies as a “project” as defined by the California Environmental Quality Act.
9.52.020.1990 Public Land. Any government-owned land, including, but not limited to, public parks, beaches, playgrounds, trails, paths, schools, public buildings, and other recreational areas or public open spaces.
9.52.020.2000 Public Resources Code. The Public Resources Code of the State of California.
9.52.020.2010 Qualified Applicant. The property owner, the owner’s agent, or any person or other legal entity that has a legal or equitable interest in land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has an enforceable proprietary interest in such land.
9.52.020.2020 Ramp. An access driveway leading from one parking level to another, or an access driveway from an entrance leading to parking at a different level.
9.52.020.2030 Reasonable Accommodation. A type of discretionary permit that, if approved, would provide a person with a disability equal access to housing under the California Fair Employment and Housing Act, the Unruh Civil Rights Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) in the application of building and zoning laws and other land use policies, procedures, laws, rules, and regulations.
9.52.020.2035 Reasonable Modification. An alteration or modification to a building or structure, at the applicant’s expense, that, if approved, would provide a person with a disability equal access to housing under the California Fair Employment and Housing Act, the Unruh Civil Rights Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA).
9.52.020.2040 Residential Use. One or more rooms designed, occupied or intended for occupancy as primary living quarters in a building or portion thereof.
9.52.020.2050 Review Authority. Body responsible for making decisions on zoning and related applications.
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9.52.020.2060 Right-of-Way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use.
9.52.020.2070 Roof. That portion of a building or structure above walls or columns that shelters the floor area or the structure below.
9.52.020.2080 Barrel Roof. An arched roof with a semi-circular, half-cylindrical shape.
9.52.020.2090 Gambrel Roof. A roof with 2 slopes on each of its 2 sides of which the lower is steeper than the upper slope.
9.52.020.2100 Hip Roof. A 4-sided roof with sloping ends and sides.
9.52.020.2110 Mansard Roof. A roof with 2 sloping planes of different pitch on each of the 4 sides.
9.52.020.2120 Pitched Roof. A roof with 2 sides that have at least one foot of vertical rise for every 3 feet of horizontal run.
9.52.020.2130 Shed Roof. A roof with a single slope.
9.52.020.2140 Roof Deck. A platform located on the flat portion of a roof or setback of a building that is used for outdoor space. It is distinct from a patio.
9.52.020.2150 Screening. Buffering of a building or activity from neighboring areas or from the street with a wall, fence, hedge, informal planting, or berm.
9.52.020.2160 Security Grate or Grilles. A metal grate that rolls up over, or slides across, a window or door to provide protection against unwanted entry. It also can be a fixed metal fixture over window openings.
9.52.020.2170 Senior Citizen. An individual 62 years of age or older unless otherwise expressly stated in this Article.
9.52.020.2180 Setback. The distance between the parcel line and a building, not including permitted projections, that must be kept clear or open. See also Section 9.04.040, Measuring Distances, Section 9.04.130, Determining Setbacks, and Section 9.21.110, Projections into Required Setbacks. 353
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Packet Pg. 1823 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
9.52.020.2190 Setback, Front. A space extending the full width of the parcel between any building and the front parcel line, and measured perpendicularly to the building at the closest point to the front parcel line.
9.52.020.2200 Setback, Rear. A space extending the full width of the parcel between the principal building and the rear parcel line measured perpendicularly from the rear parcel line to the closest point of the principal building. When a rear parcel line abuts an alley or walkstreet, the rear setback shall be measured from the center line of the alley or walkstreet.
9.52.020.2210 Setback, Side. A space extending the full depth of the parcel between the principal building and the side parcel line measured perpendicularly from the side parcel line to the closest point of the principal building. For non-rectilinear parcels, a space extending the full depth of the parcel between the principal building and the side parcel line(s) measured using a series of measurements parallel to the front parcel line to determine varying parcel widths at any given locations on the parcel.
9.52.020.2220 Setback, Street Side. A space extending the full depth of the parcel between the principal building and the side parcel line adjacent to a public street right-of-way measured perpendicularly from the side parcel line to the closest point of the principal building. For non-rectilinear parcels, a space extending the full depth of the parcel between the principal building and the side parcel line(s) adjacent to a public street right-of-way measured using a series of measurements parallel to the front parcel line to determine varying parcel widths at any given locations on the parcel.
9.52.020.2230 Sexually-Oriented Business. See Chapter 9.59, Sexually-Oriented Businesses, for details.
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9.52.020.2240 Shrub. A plant with a compact growth habit and branches coming from the base of the plant. Mature heights of shrubs may vary from one foot to 15 feet depending on their species and landscape application.
9.52.020.2250 Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
9.52.020.2260 Sidewalk Café. Any outdoor dining area located in or adjacent to any public sidewalk or right-of-way which is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent parcel.
9.52.020.2270 Sign-Related Definitions. All terms relating to signage are defined in Chapter 9.61, Signs.
9.52.020.2280 Site. A parcel, or group of contiguous parcels, that is proposed for development in accordance with the provisions of this Article and is in a single ownership or under unified control.
9.52.020.2290 Skylight. That portion of a roof which is glazed to admit light, and the mechanical fastening required to hold the glazing, including a curb not exceeding 10 inches in height, to provide a weatherproofing barrier.
9.52.020.2300 Solar Energy System. Any solar collector or other solar energy device, certified pursuant to State law, along with its ancillary equipment, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating, or any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
9.52.020.2310 State Historical Building Code. California Code of Regulations, Title 24, Part 8, or any successor thereto, which constitutes a special Stateadopted building code for historic buildings allowing flexible approaches to their construction problems. This Code was developed to accommodate changes necessary for the continued use of historic buildings, while preserving their historic character and significant architectural features.
Applicants may elect to use the State Historic Building Code as an 355
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Packet Pg. 1825 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) alternative to standard construction codes such as the City’s Building Code or Electrical Code.
9.52.020.2320 Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above. A mezzanine with a floor area that exceeds one-third of the floor area of the overlooking room of the floor below constitutes a story. An attic and basement shall not be considered stories.
9.52.020.2330 Street. A public or private thoroughfare which affords the access to a block and to abutting property. “Street” includes avenue, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley as defined herein.
9.52.020.2340 Street Tree. Trees that are located in the public right-of-way.
9.52.020.2350 Street Wall. A wall or portion of a wall of a building facing a street.
9.52.020.2360 Structural Alterations. Any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders including the creation, enlargement, or removal of doors or windows and changes to a roofline or roof shape.
9.52.020.2370 Structure. Anything constructed or erected, which requires a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground.
9.52.020.2380 Structure, Accessory. A detached subordinate structure, used only as incidental to the main structure on the same parcel.
9.52.020.2390 Structure, Main. A structure housing the principal use of a site or functioning as the principal use.
9.52.020.2400 Structure, Subterranean. A structure located entirely underground, except for openings for ingress and egress.
9.52.020.2410 Structure, Temporary. A structure without any foundation or footings and which is intended to be removed when the designated time 356
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Packet Pg. 1826 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) period, activity, or use for which the temporary structure was erected has ceased.
9.52.020.2420 Subdivision. See Chapter 9.54, Land Divisions, for all subdivision definitions.
9.52.020.2430 Swimming Pool. A pool, pond, or open tank capable of containing a large and deep enough body of water for people to use to swim.
9.52.020.2440 Temporary Structure. See Structure, Temporary.
9.52.020.2445 Third Street Promenade Area. The area including the Third Street Promenade and parcels located in that portion of the BC (2nd & 4th Streets) District bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north.
9.52.020.2448 Tower. A building or structure with a height exceeding 90 feet. A tower may be constructed above a podium or at grade.
9.52.020.2450 Trailer. A vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property, including a mobile home, trailer coach or house trailer.
9.52.020.2460 Trash Screen/Enclosure. A permanent, immobile structure, designed for the storage of a mobile resource recovery, recycling, or compost bin or container.
9.52.020.2470 Unit. See Dwelling Unit.
9.52.020.2480 Use. The purpose for which land or the premises of a building, structure, or facility thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.
9.52.020.2490 Use, Accessory. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same parcel as the primary use.
9.52.020.2500 Use, Primary. A primary, principal or dominant use established, or proposed to be established, on a parcel. In a mixed-use building, there may be more than one primary use.
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9.52.020.2510 Use Classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential; public and semi-public; commercial; industrial; and transportation, communication, and utilities. See Chapter 9.51, Use Classifications.
9.52.020.2520 Use Permit. A discretionary permit, such as a Minor Use Permit or Conditional Use Permit, which may be granted by the appropriate City authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the permit granting authority.
See Chapter 9.41, Minor Use Permits and Conditional Use Permits.
9.52.020.2530 Use Type. A category which classifies similar uses based on common functional, product, or compatibility characteristics.
9.52.020.2540 Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.
9.52.020.2550 Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.
9.52.020.2560 View Corridor. An area where there is a view of all or a portion of a panoramic subject, scene, or area.
9.52.020.2570 Wall. Any exterior surface of building or any part thereof, including windows.
9.52.020.2580 Window. An opening in a wall of a building that may be filled with glass or other material in a frame. They typically allow light and air into the interior of a building but also serve as vehicles for viewing merchandise in commercial properties.
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9.52.020.2590 Primary Room Window. A glazed surface whose area is larger than any other glazed surface in a living room, dining room, family room, library, or similar such activity room in a dwelling unit.
9.52.020.2600 Secondary Room Window. A glazed surface serving a bedroom, bathroom, kitchen, stairway, corridor, or storage area in a dwelling unit, or a non-primary window in a primary space.
9.52.020.2610 Yard. See Setback.
9.52.020.2620 Zoning Administrator. The Director of the Department of Planning and Community Development Department, or designee.
9.52.020.2630 Zoning District. A specifically delineated area or district in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
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Packet Pg. 1829 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) DIVISION 6: LAND USE AND ZONING RELATED PROVISIONS
Chapter 9.54, Land Divisions
Chapter 9.55, Architectural Review
Chapter 9.64, Affordable Housing Production Program
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Packet Pg. 1830 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) CHAPTER 9.54 LAND DIVISIONS
9.54.010 General Provisions and Responsibilities
A. Citation and Authority. This Chapter is adopted to supplement and implement the Subdivision Map Act, Government Code Section 66410 et seq., and may be cited as the subdivision ordinance of the City of Santa Monica.
B. Purpose. It is the purpose of this Chapter to regulate and control the division of land within the City of Santa Monica and to supplement the provisions of the Subdivision Map Act concerning the design, improvement and survey date of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and procedures to be followed in securing the official approval of the Advisory Agency Planning Commission and City Council regarding such maps. To accomplish this purpose, the regulations outlined in this Chapter are determined to be necessary for the preservation of the public health, safety, and general welfare, to promote orderly growth and development and to promote and implement the General Plan. The requirements of this Chapter are in addition to other requirements of the City of Santa Monica.
C. Conformity to General Plan, Specific Plan and Zoning Ordinances. No land shall be subdivided and developed for any purpose which is not in conformity with the General Plan and any specific plan of the City of Santa Monica or authorized by the comprehensive land use ordinance of the City.
D. Application. The regulations set forth in this Chapter apply to all subdivisions or parts thereof within the City of Santa Monica and to the preparation of subdivision maps thereof and to other maps or certificates provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the City of Santa Monica shall be made 361
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Packet Pg. 1831 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) and each such map or certificate shall be prepared and presented for approval as hereafter provided for and required.
E. Definitions. The following words or phrases as used in this Chapter shall have the following meanings:
1. Advisory Agency. A designated official or an official body charged with the duty of making investigations or reports on the design improvements of proposed divisions of real property.
2. Air space lot. A division of the space above or below a lot, or partially above and below a lot, having finite width, length, and upper and lower elevations, occupied or to be occupied by a use, building or portion thereof, group of buildings or portions thereof, accessory buildings or portions thereof, or accessory uses. An air space lot shall be identified with a separate and distinct number or letter on a final subdivision or parcel map recorded in the office of the County Recorder.
3. Block. The area of land within a subdivision which area is entirely bounded by streets, highways or ways, except alleys, or the other exterior boundary or boundaries of the subdivision.
4. Community apartment. A project as defined in Business and Professions Code Section 11004 in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment.
5. Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an 362
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Packet Pg. 1832 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) apartment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property.
6. Conversion. The creation of separate ownership of existing improved real property together with a separate inters in space of residential, industrial or commercial buildings thereon. A conversion may be accomplished by condominium, stock cooperative, community apartment, or cooperative apartment.
7. Cooperative apartment. Pursuant to the City’s authority to regulate subdivisions not regulated by the Subdivision Map Act as authorized by Government Code Section 66411, a project of more than four units in which an undivided interest in land is coupled with the exclusive right of occupancy to of any apartment located thereon, whether such right is contained in the form of a written or oral agreement, when such right does not appear on the face of the deed.
8. Design. Street alignments, grades and width; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or other recreational purposes; and such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to ensure conformity to or implementation of the General Plan or any adopted specific plan.
9. Final map. A map showing a subdivision for which a tentative and final map is required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act and designed to be recorded in the office of the County Recorder.
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Packet Pg. 1833 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
10. Final parcel map. A final map for a parcel.
11. General Plan. The General Plan of the City of Santa Monica.
12. Improvement. Street work, storm drainage, utilities and landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof; or to such other specific improvements or type of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the local agency or by a combination thereof, is necessary to ensure conformity to or implementation of the General Plan or any adopted specific plan.
13. Lot. A parcel or portion of land separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease, or separate use.
14. Lot line adjustment. A lot line adjustment between adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created.
15. Merger. The joining of 2 or more contiguous parcels of land under one ownership into one parcel.
16. Parcel map. A map showing a division of land of four or less parcels as required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act.
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Packet Pg. 1834 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
17. Peripheral street. An existing street whose right-of-way is contiguous to the exterior boundary of the subdivision.
18. Remainder. That portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision but must be shown on the required maps as part of the area surrounding subdivision development.
19. Stock cooperative. corporation as defined in Business and Professions Code Section 11003.2 which is primarily for the purpose of holding title to property if shareholders receive the right to exclusive occupancy in a portion of property and whose right to occupancy transfers concurrently with the transfer of an interest in the corporation.
20. Subdivider. A person who proposes to divide, divides, or causes to be divided real property into a subdivision for the subdivider or for others; except employees and consultants of such persons or entities acting in such capacity, are not “subdividers.”
21. Subdivision. The division, by any subdivider, of any units or unit of improved or unimproved contiguous land shown on the latest equalized County assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes a condominium project, as defined herein or in California Civil Code Section 1351(f), a community apartment project, as defined herein or in California Civil Code Section 1351(d), a stock cooperative, as defined herein or in California Civil Code Section 1351(m), a cooperative apartment as defined herein, or 2 or more air space lots as defined herein. Any conveyance of land to a governmental agency, public entity, or public 365
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Packet Pg. 1835 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) utility shall not be considered a division of land for purposes of computing the number of parcels. “Subdivision” does not include anything excluded from the definition of subdivision in the Subdivision Map Act unless otherwise provided for herein.
22. Subdivision Map. See Final Map.
23. Subdivision Map Act. The Subdivision Map Act of the State of California.
24. Tentative map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.
25. Zoning Ordinance. Divisions 1 through 5 of Article 9 of the Municipal Code.
F. City Attorney. The City Attorney shall be responsible for approving as to form all CC&Rs, subdivision improvement agreements, and subdivision improvement securities.
G. City Council. The City Council shall have the following responsibilities:
1. The City Council shall have final jurisdiction in the approval of final subdivision and parcel maps and improvement agreements and the acceptance of the City of such land and/or improvements as may be proposed for dedication to the City.
2. Except for projects approved pursuant to Section 9.54.140, the The City Council shall act as the appeal board for hearing appeals of the approval, conditional approval or denial of tentative maps and the approval or denial of extensions.
3. The City Council shall establish by resolution reasonable fees for the processing of maps and for other procedures required by or authorized by this Chapter or the Subdivision Map Act.
4. Except for projects approved pursuant to Section 9.54.140, the The City Council shall approve or deny applications for a stay of expiration of tentative subdivision or parcel maps pursuant to 9.54.090(C).
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Packet Pg. 1836 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) H. City Engineer. The City Engineer shall have the following responsibilities:
1. Establishing design and construction details, standards, and specifications;
2. Determining if proposed subdivision improvements comply with the provisions of this Chapter and the Subdivision Map Act;
3. The processing and certification of final maps, reversion to acreage maps, and amended maps; the processing and approval of subdivision improvement plans, lot line adjustments, mergers and certificates of compliance;
4. The inspection and approval of subdivision improvements;
5. The acceptance of private improvements.
I. Planning Commission. Except as provided in subsection J, below, the The Planning Commission is designated as the Advisory agency and shall be responsible for approving, conditionally approving, or denying the application for tentative maps and the approval or denial of extensions.
J. Director of the Planning and Community Development. Department. The Director of Planning and the Community Development Department (Director), or designee shall:
1. Investigate investigate proposed subdivisions for conformity to the General Plan, specific plans, and zoning ordinances of the City and reporting his or her findings, together with recommendation for approval, conditional approval or denial to the Planning Commission and City Council; and
2. For projects approved pursuant to Section 9.54.140, serve as Advisory Agency and be responsible for approving, conditionally approving, or denying the application for tentative maps and the approval or denial of extensions. 367
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Packet Pg. 1837 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) Section 9.54.090. Expiration, Extensions, and Amendments.
A. Expiration.
1. An approved or conditionally approved tentative map shall expire:
a. For tentative maps valid as of January 6, 2025: 48 months after approval or conditional approval;
b. For tentative maps valid as of January 6, 2025 that have been previously extended: 48 months after approval or conditional approval, inclusive of any previously-granted extensions; or
c. For all other tentative maps: 24 months after its approval or conditional approval.
2. The period of time specified in subsection (A)(1) shall not include any period of time specified in Government Code Section 66452.6(b).
3. The period of time specified in subsection (A)(1) shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of the time period is approved pursuant to Section 9.54.090(C) of this Chapter.
4. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map of all or any portion of the real property included within the tentative map shall be filed with the legislative body pursuant to Government Code Section 66457 without first processing a new tentative map. Once a timely filing is made, subsequent actions may lawfully occur after the date of expiration of the tentative map.
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Packet Pg. 1838 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) B. Extensions.
1. Application. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which the map expires may be extended by the Planning Commission or City Council on appeal for a period or periods not exceeding a total of three years.
2. Request by Subdivider. The subdivider or his/her engineer may request an extension of the expiration date of the approved or conditionally approved tentative map by written application to the Director of Planning. The application shall be filed not less than 60 days before the map is to expire and shall state the reasons for requesting the extension.
3. Planning Commission Action. The Director of Planning shall review the request and submit the application for the extension, together with a report, to the Planning Commission for approval or denial. A copy of the Director of Planning's report shall be forwarded to the subdivider prior to the Planning Commission meeting on the extension. The resolution adopted by the Planning Commission approving an extension shall specify the new expiration date of the tentative map. The Planning Commission shall act upon the request within 30 days of the filing of the written application.
4. Time Limit of Extension. The approved extension shall not exceed three years.
5. Appeal. The subdivider or any interested person may appeal any action of the Planning Commission on the extension to the City Council within 10 days of such action. The City Council shall act upon the appeal within 20 days. 369
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Packet Pg. 1839 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) C. Stay of Expiration. The subdivider may apply to the City Council for a stay of the expiration of a tentative subdivision or parcel map provided an application is filed pursuant to this Section within 10 days of the service of the initial petition or complaint in a lawsuit involving the approval or conditional approval of a tentative subdivision or parcel map. Upon receipt of a valid application, a public hearing will be conducted pursuant to Section 9.54.070(A) within 40 days and the City Council shall either stay the expiration of the tentative map for up to 5 years or deny the requested stay.
D. Amendments to Approved Tentative Map. Minor changes in the tentative map may be approved by the Director of Planning upon application by the subdivider or on the initiative of the Director, provided:
1. No lots, units or building sites are added.
2. Such changes are consistent with the intent and spirit of the original tentative map approval.
3. There are no resulting violations of the Santa Monica Municipal Code.
Any revision shall be approved by the Director of Planning and the City Engineer. The amendment shall be indicated on the approved map and certified by the Director of Planning and the City Engineer. Amendments of the tentative map other than minor shall be presented to the Planning Commission for approval. Processing shall be in accordance with Section 9.54.070. Any approved amendment shall not alter the expiration date of the tentative map.
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Packet Pg. 1840 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances)
9.54.140 Special Procedures for Projects Subject to Specific State Law Provisions
A. Purpose.
The purpose of this section is to provide special procedures for projects subject to approval in accordance with specific state law provisions.
B. Applicability.
1. Eligible Projects.
a. Projects seeking lot splits pursuant to Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential. b. Projects proposing 10 or fewer units and meeting the requirements of Government Code Section 66499.41.
c. Projects proposing to separately convey or sell a primary unit and an ADU or ADUs as condominiums that would result in four or fewer parcels, pursuant to Section 9.31.026, Accessory Dwelling Unit Condominiums, in accordance with the regulations set forth in Government Code Section 66342.
2. Except as modified by this section, all provisions of this Chapter remain applicable.
C. Approval Procedures.
The following procedures shall apply to eligible projects under paragraph (B)(1) above.
1. Subdivisions pursuant to Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential:
a. Projects are exempt from Planning Commission approval. b. The Director shall issue a Tentative Map approval if the proposed subdivision conforms precisely to appliable standards set forth in Section 9.31.125. 371
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Packet Pg. 1841 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) c. The Director shall act within 60 50 days of receiving a complete application.
d. If the Director fails to act within 60 50 days of receiving a complete application, the proposed subdivision shall be deemed approved in so far as it complies with all applicable requirements of the Subdivision Map Act, this Chapter, and any other applicable City ordinances.
2. Subdivisions pursuant to Government Code Section 66499.41. a. Projects are exempt from Planning Commission approval. b. The Director shall issue a Tentative Map approval if the proposed subdivision conforms precisely to appliable standards set forth in Government Code Section 66499.41.
c. The Director shall approve or deny an application for a tentative map for a housing development project within 60 days from the date of receiving a complete application pursuant to Government Code 66499.41. d. If the Director does not approve or deny a completed application within 60 days, the application shall be deemed approved. e. If the Director denies the application, the Director shall, within 60 days from the date of receiving the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.
3. Subdivisions Pursuant to Section 9.31.026, Accessory Dwelling Unit Condominiums that will result in four or fewer parcels:
a. Projects are exempt from Planning Commission approval. 372
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Packet Pg. 1842 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) b. The Director shall, within the timeframes set forth in this Chapter, deny a Tentative Map if the Director makes any of the findings set forth in
9.54.070(D).
c. If no action is taken by the Director within the required time limit, as specified in the Subdivision Map Act, the Tentative Map as filed shall be deemed to be approved, insofar as it complies with other applicable provisions of the Subdivision Map Act, this Chapter or other City ordinances.
D. Term. Notwithstanding anything to the contrary in this Chapter, Tentative Map approvals subject to this Section shall remain effective for 3 years. 373
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Packet Pg. 1843 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) CHAPTER 9.55 ARCHITECTURAL REVIEW
9.55.120 Project Review by and Approval of Architectural Review Board A. Except as provided by Section 9.55.190 on administrative approval, no building permit shall be issued for any project in an architectural review district unless plans, elevations, or landscaping, have been approved by the Architectural Review Board or on appeal by the Planning Commission. In addition to those projects subject to administrative approval by the Director under Section 9.55.190, the Architectural Review Board, under authority of Section 9.55.070 of this Chapter, may, by resolution, authorize the Director to approve applications for building permits for minor or insignificant projects in an architectural review district, so long as such projects do not defeat the purposes and objectives of this Chapter.
B. No completed project that is subject to and receives the Architectural Review Board’s approval shall receive a certificate of occupancy or final building inspection approval until the Director certifies that such construction has complied with the conditions and restrictions, if any, imposed by the Architectural Review Board or on appeal by the Planning Commission, and that the final construction is in conformity with the plans approved by the Architectural Review Board or on appeal by the Planning Commission.
C. Preliminary drawings of the design of a proposed project shall be submitted to the Community Development Department for informal review so that an applicant may be informed of Architectural Review Board policies prior to preparing for plan check submittal.
D. Plans or proposals that require a design review approval by the Architectural Review Board shall be considered at a noticed public hearing in accordance with the 374
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Packet Pg. 1844 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) procedures set forth in this Chapter. At the conclusion of a public hearing, or continued public hearing, the Architectural Review Board shall issue a determination on an application. The Architectural Review Board shall be authorized to approve, conditionally approve, or disapprove exterior elevations, landscaping, and general appearance and to impose such conditions as it believes reasonable and necessary. The Architectural Review Board shall transmit its determination to the applicable Review Authority in writing, including the reasons for the determination, and the findings related to the criteria for the determination in Section 9.55.140.
E. The Architectural Review Board shall make a determination in accordance with paragraph (D) at the conclusion of no more than three noticed public hearings or continued public hearings conducted in connection with the approval of the application, provided that the number of the hearings and the timing for the determination shall be subject to all applicable law, including, but not limited to Government Code section 65905.5.
F. For projects that require an Administrative Approval:
1. Except as provided in subsection 2, below, the Board shall issue its determination prior to issuance of the Administrative Approval by the Director.
2. Notwithstanding subsection 1, above, the Architectural Review Board’s design review approval shall occur after the Director’s determination on the Administrative Approval if the project has met the following:
a. At least one Architectural Review Board design review approval hearing has occurred;
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Packet Pg. 1845 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) b. The applicant has submitted revised plans in response to the Architectural Review Board’s design review comments; and c. The project conforms precisely to all applicable development standards and the Administrative Approval determination by the Director is ready to be issued.
G. For projects that require a Development Review Permit, the Architectural Review Board shall issue its determination prior to consideration of the project by the Planning Commission.
H. The Architectural Review Board also shall have the authority to undertake review and approval of projects as authorized by the Zoning Ordinance or of sign permits as authorized by Chapter 9.61.
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Packet Pg. 1846 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) CHAPTER 9.64 AFFORDABLE HOUSING PRODUCTION PROGRAM
9.64.050 On-Site Option
Except as provided in Chapter 9.34, Residential Unit Replacement Requirements, the following requirements must be met to satisfy the on-site provisions of this Chapter:
A. Except as may be otherwise required by State law, Aan applicant for the following multiple-unit provides projects shall provide 15% of total units as affordable to no more than 80% income households:
1. Projects of 5 units or less that has not elected to pay an affordable housing fee;
2. Projects of 6-19 units.
B. Except as may be otherwise required by State law, Aan applicant for a multipleunit project of twenty units or more shall construct affordable housing units pursuant to subsection A, above, which shall be divided equally among 50% income households, 80% income households, and moderate income households. Any remainder units above multiples of three shall be distributed to 50% income households first and 80% income households second. For illustrative purposes, Table 9.64.050(C), below, provides examples of how distribution would look for certain projects.
Table 9.64.050(C)
# of Affordable Units in the Project 50% AMI 80% AMI
Moderate
Income
3 1 1 1
4 2 1 1
5 2 2 1
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Packet Pg. 1847 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) Table 9.64.050(C)
# of Affordable Units in the Project 50% AMI 80% AMI
Moderate
Income
6 2 2 2
7 3 2 2
8 3 3 2
9 3 3 3
10 4 3 3
11 4 4 3
12 4 4 4
13 5 4 4
14 5 5 4
15 5 5 5
16 6 5 5
17 6 6 5
18 6 6 6
19 7 6 6
20 7 7 6
21 7 7 7
Additional affordable housing unit Allocate 1st Allocate 2nd Allocate 3rd C. Fractions. Any fractional affordable housing unit that results from the formulas of this Section that is 0.5 or more shall be treated as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer) and that unit shall 378
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Packet Pg. 1848 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) also be built pursuant to the provisions of this Section. Any fractional affordable housing unit that is less than 0.5 can be satisfied by the payment of an affordable housing fee for that fractional unit only pursuant to Section 9.64.070(B).
D. Income and Rent Limits. The City shall make available a list of income levels for 30% income households, 50% income households, 80% income households, and moderate income households, adjusted for household size, the corresponding maximum affordable rents adjusted by household size appropriate for the unit, and the minimum number of units required for 30% income households, 50% income households, or 80% income households required for typical sizes of multiple-unit projects, which list shall be updated periodically.
E. Affordable Housing Unit Requirements.
1. The multiple-unit project applicant may reduce the interior amenities of the affordable housing units as long as there are not significant identifiable differences between affordable housing units and market rate units visible from the exterior of the dwelling units; provided, that all dwelling units conform to the requirements of the applicable Building and Housing Codes.
2. The unit mix percentage for affordable two- and three-bedroom housing units shall be equal to or greater than the unit mix percentage for the corresponding market rate units.
3. The unit mix percentage for affordable studio housing units shall not exceed 15% of the total number of affordable units required.
4. An affordable housing unit shall have a minimum total floor area, depending upon the number of bedrooms provided, of no less than the following:
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Packet Pg. 1849 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 0 bedrooms 500 square feet
1 bedroom 600 square feet
2 bedrooms 850 square feet
3 bedrooms 1,020 square feet
4 bedrooms 1,200 square feet
5. An affordable housing unit shall comply with minimum occupancy requirements as follows:
0 bedrooms 1 occupant
1 bedroom 1 occupant
2 bedrooms 2 occupants
3 bedrooms 3 occupants
4 bedrooms 5 occupants
6. Affordable housing units shall not be isolated to a specific floor or to an area on a specific floor in accordance with Health and Safety Code Section 17929(a)(2). Units must be dispersed throughout the multiple-unit project.
F. All affordable housing units in a multiple-unit project or a phase of a multiple-unit project shall be constructed concurrently with the construction of market rate units in the multiple-unit project or phase of that project.
G. On-site affordable housing units must be rental units.
H. Each multiple-unit project applicant, or their successor, shall submit an annual report to the City identifying which units are affordable units, the monthly rent (or total 380
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Packet Pg. 1850 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) housing cost if an ownership unit), vacancy information for each affordable unit for the prior year, verification of income of the household occupying each affordable unit throughout the prior year, and such other information as may be required by City staff.
I. A multiple-unit project applicant who meets the requirements of this Section shall be entitled to the density bonuses, incentives or concessions, and waivers or reductions of development standards provided by Chapter 9.22, or any successor thereto.
J. All residential developments providing affordable housing on site pursuant to the provisions of this Section shall receive priority building department plan check processing by which housing developments shall have plan check review in advance of other pending developments to the extent authorized by law.
K. The City Council may by resolution establish compliance monitoring fees which reflect the reasonable regulatory cost to the City of ensuring compliance with this Section when affordable housing units are being initially rented or sold, when the required annual reports are submitted to the City, and when the units are being re-sold or re-leased. 381
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Packet Pg. 1851 Attachment: CDD-Ord-2025 Housing Updates 051325 with Exhibit A (6801 : Housing Updates and Ordinances) 1 City Council Meeting: May 13, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
8.08.060 AND 8.08.070 TO EXTEND CERTAIN TIME FRAMES FOR BUILDING
PERMIT APPLICATIONS AND ISSUANCE
WHEREAS, Santa Monica Municipal Code Section 8.08.060 sets forth requirements and time frames for applications for permits issued under Article VIII of the Santa Monica Municipal Code, Building Regulations; and
WHEREAS, Santa Monica Municipal Code Section 8.08.70 sets forth requirements and time frames for permit issuance, extension, and renewal for permits issued under Article VIII of the Santa Monica Municipal Code, Building Regulations, including timeframes to start and complete construction work pursuant to the permit; and WHEREAS, on February 11, 2025, the City Council gave direction to staff to return with regulations granting all development, land use, or subdivision applications as allowed by applicable State law (including any such applications granted on appeal) that were approved prior to January 6, 2025 an extension of two years beyond their current expiration dates and all complete building permit applications submitted or issued prior to January 6, 2025 an extension of one year beyond their current expiration dates (including dates to start and complete work), provided that applicant attests the project will comply with current code requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
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Packet Pg. 1852 Attachment: ORD - 2025.05.13 - Article 8 Permit Extensions Final (6801 : Housing Updates and Ordinances) 2 SECTION 1. Santa Monica Municipal Code Section 8.08.060 is hereby amended to read as follows:
§ 8.08.060 Permit Application
(a) Application. To obtain a permit, the applicant shall first file an application in writing on a form furnished by the Building Officer for that purpose. Every such application shall identify and describe the work to be covered by the permit for which each application is made, the responsible party for the work and such other information that the Building Officer may require to show conformance to applicable laws and regulations. When an architect or engineer prepares or is required to prepare submittal documents, the application shall designate the architect and/or engineer of record. (b) Submittal Documents. When required by the Building Officer, plans, specifications, engineering calculations, diagrams, soil investigation reports, sound tests, material tests, Construction Management Plans as required by Chapter 8.98 of this Code, special inspection and structural observation programs and other data shall be submitted with each application for a permit. When an architect or engineer does not prepare such plans, the Building Officer may require the applicant submitting such plans or other data to demonstrate that State law does not require that a licensed architect or engineer prepare the plans before accepting submittal documents or permit application.
Deferral of any submittal items shall require prior approval of the Building Officer.
If the Building Officer approves the deferral of submittals to a time after permit issuance, the approved plans shall list the deferred submittals. The deferred submittal items shall not be installed until the Building Officer has approved their design and submittal documents.
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Packet Pg. 1853 Attachment: ORD - 2025.05.13 - Article 8 Permit Extensions Final (6801 : Housing Updates and Ordinances) 3 (c) Investigation. Whenever work for which a permit is required by this Chapter has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work when so ordered by the Building Officer. (d) Information on Plans and Specifications. Plans and specifications shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of all relevant laws, ordinances, rules and regulations.
(e) Special Inspection and Structural Observation Program. When the Building Code requires special inspection and/or structural observation, the architect or engineer of record shall prepare an inspection program which shall be submitted to the Building Officer for approval prior to issuance of the building permit. The inspection program shall designate the portions of the work to have special inspection, the name or names of the individuals or firms who are to perform the special inspections and indicate the duties of the special inspectors, including any required nondestructive testing.
The Building Officer, or when approved by the Building Officer, the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work, shall employ the special inspector. When structural observation is required, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. The inspection program shall include samples of inspection reports and provide time limits for submission of reports (f) Preconstruction Meetings. The Building Officer may require the permit holder to participate in a preconstruction conference prior to the completion of plan review and
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Packet Pg. 1854 Attachment: ORD - 2025.05.13 - Article 8 Permit Extensions Final (6801 : Housing Updates and Ordinances) 4 permit issuance to review the plans and specifications for adequacy and sufficiency of details and conformance to building standards and interpretations. (g) Change of Architect or Engineer of Record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all the duties required of the original architect or engineer of record. In such cases, the owner shall notify the Building Officer in writing if the architect or engineer of record is changed or is unable to continue to perform the duties. The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. (h) Expiration of Application for Permit.
(1) A permit application shall expire if no permit is issued within eighteen months after the date the permit application is filed, except as provided below. (A) An application for a demolition permit for the demolition of residential buildings and structures, which are subject to the replacement project requirements of the City's Zoning Ordinance, shall expire if no permit is issued within two years following the date the application is filed. (B) An application for a permit for a project subject to the construction rate program of the City's Zoning Ordinance shall not expire while that project remains on the waiting list for a building permit.
(C) An application for a demolition permit for a building or structure in which the original permit was issued more than forty years before the date of filing of the demolition permit application shall expire if no permit is issued within three years following the date the application is filed.
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Packet Pg. 1855 Attachment: ORD - 2025.05.13 - Article 8 Permit Extensions Final (6801 : Housing Updates and Ordinances) 5 (D) An application for a project that requires a Coastal Development Permit shall expire if no building permit is issued within three years of the building permit application filing date; however, if the project includes an approved vesting tentative map, the permit application expiration date shall be extended to be concurrent with the term of the vesting tentative map for the project.
(E) An application for a one hundred percent affordable housing project shall expire if no building permit is issued within three years of the building permit application filing date. For the purposes of this Section, one hundred percent affordable housing projects are any housing projects where all of the dwelling units are deed restricted as affordable to fifty percent AMI households, eighty percent AMI households, or moderate-income households.
(F) Notwithstanding the foregoing, all complete applications filed prior to January 6, 2025 shall be extended for an additional period of 1 year, provided that the applicant attests that the project will comply with all current code requirements applicable to the project.
(2) No action may be taken on an application after expiration. Plans and other data submitted for review may thereafter be returned to the applicant or purged by the Building Officer. To obtain a permit, applicants shall submit a new application, new submittal documents and pay a new plan review fee. All applicable standards in effect at the time of the new application shall then apply to the project
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Packet Pg. 1856 Attachment: ORD - 2025.05.13 - Article 8 Permit Extensions Final (6801 : Housing Updates and Ordinances) 6 (i) Extensions. The Building Officer may grant three six-month extensions of the eighteen- month plan check time period set forth in subsection (h)(1) above. The Building Official may grant one twelve-month extension of the plan check time period set forth in (h)(1)(D) and (E), above. In all cases, the applicant must demonstrate that:
(1) No changes have been made or will be made to the original plans and specifications except as required by the original plan review; and (2) No pertinent laws or ordinances have been amended subsequent to the date the original application was filed which would cause the development project at issue to be inconsistent with such amended provisions; and (3) Any approvals granted under Article IX of the Municipal Code are still valid and have not expired; and
(4) Circumstances beyond the control of the applicant have prevented the permit from being issued in the authorized time period
SECTION 2. Santa Monica Municipal Code Section 8.08.070 is hereby amended to read as follows:
§ 8.08.070. Permit issuance, extension and renewal
(a) Issuance. If the Building Officer finds that the work described in an application for a permit and submittal documents conforms to the requirements of this Article, the California Building Standards Code and other pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall issue a permit for the work to the applicant. When a permit is issued for which plans are required, the construction
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Packet Pg. 1857 Attachment: ORD - 2025.05.13 - Article 8 Permit Extensions Final (6801 : Housing Updates and Ordinances) 7 documents shall be approved in writing or by stamp.
No building permit or demolition permit shall be issued by the City for any development that requires a coastal development permit under the California Coastal Act of 1976, Public Resources Code Section 30000 et seq., until such time as a coastal development permit has been issued for such development. (b) Partial Permit. The Building Officer may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements. The holder of a partial permit shall proceed without assurance that the permit for the entire building, structure or building service will be granted.
(c) Expiration. Every permit issued under the provisions of this Code expires by limitation and becomes null and void when any of the following circumstances is applicable:
(1) Failure to Start Construction. If the building or work authorized by such permit is not started within one year from the date of permit issuance; (2) Cessation of Work. If the building or work authorized is suspended or abandoned at any time after the work has started, for a period of one hundred eighty days or more;
(3) Time to Complete. In addition to subsections (1) and (2) above, every permit issued under the provisions of this Chapter expires by limitation and becomes null and void when the time allowed to complete all work authorized by the permit exceeds three years from the date of permit issuance, except as provided in subsection (A). The time
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Packet Pg. 1858 Attachment: ORD - 2025.05.13 - Article 8 Permit Extensions Final (6801 : Housing Updates and Ordinances) 8 allowed to complete all work authorized by a permit: (1) issued and active as of March 13, 2020; (2) issued between March 13, 2020 and December 31, 2022; or (3) issued pursuant to a complete application submitted between March 13, 2020 and December 31, 2022, shall be five years.
(4) Notwithstanding the foregoing, the time allowed to start and complete all work authorized by a permit issued prior to January 6, 2025 shall be extended for an additional period of 1 year, provided that the applicant attests that the project will comply with all current code requirements applicable to the project.
(d) Extensions.
(1) Extensions of time from the stated periods in subsection (c) above may be permitted for good reason, provided such requests are submitted to the Building Officer in writing prior to permit expiration. The written request must demonstrate that:
(A) Due to circumstances beyond the owner's or permittee's control, construction could not be commenced, continued or completed in the authorized time period;
(B) If construction has started, substantial progress has been made; (C)The condition of the property presents no health or safety hazard; and (D) The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to neighboring property owners.
(2) The time periods set forth to start construction within one-year or resume construction after cessation of work for one hundred eighty days may each be extended no more than once, and the time period set forth to complete construction may be
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Packet Pg. 1859 Attachment: ORD - 2025.05.13 - Article 8 Permit Extensions Final (6801 : Housing Updates and Ordinances) 9 extended no more than three times; however, if the project includes the preservation of a designated City of Santa Monica landmark, the period to complete construction may be extended no more than four times. Each extension of time shall not exceed one hundred eighty days.
(e) Extension Request Appeals. The decision of the Building Officer may be appealed to the Director of Planning and Community Development, who shall conduct a de novo review. Any such appeal shall be filed in writing within seven days of the decision of the Building Officer. The decision of the Director of Planning and Community Development shall be final.
(f) Renewal. Before any work authorized under an expired permit can be recommenced, the permit holder shall file an application for renewal. Such application shall include all original submittal documents and shall identify any changes that have been made or will be made in the original plans and specifications for such work. If the Building Officer finds that the work remaining to be completed under the permit conforms to the requirements of applicable codes and standards and other pertinent laws and ordinances, and that the applicant has paid all required fees, the Building Officer shall renew the permit for the work to the applicant. No work shall recommence until the renewal application and submittal documents are approved.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
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Packet Pg. 1860 Attachment: ORD - 2025.05.13 - Article 8 Permit Extensions Final (6801 : Housing Updates and Ordinances) 10 SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
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Packet Pg. 1861 Attachment: ORD - 2025.05.13 - Article 8 Permit Extensions Final (6801 : Housing Updates and Ordinances) City Council Meeting: May 13, 2025 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE SANTA MONICA GENERAL PLAN LAND USE MAP FOR THE PARCEL LOCATED AT 1331 WILSHIRE BOULEVARD FOR CONSISTENT
DESIGNATION
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element (“LUCE”) of the City’s General Plan, including a General Plan Land Use Map; and
WHEREAS, on July 24, 2015, the City adopted a revised Zoning Ordinance, which included a revised the Official Districting Map; and
WHEREAS, California Government Code Section 65860 was amended by SB 1333, which became effective on January 1, 2019, to require that Charter Cities have consistency between their General Plans and Zoning Ordinances; and WHEREAS, the parcel located at 1331 Wilshire Boulevard is currently improved with a longstanding retail use; and
WHEREAS, the parcel has a “split designation” and “split zoning”, with the front two-thirds along Wilshire Blvd being designated Mixed Use Boulevard in the General Plan Land Use Map and zoned MUB (Mixed-Use Boulevard) in the Official Districting Map, and the rear one-third being designated as Low Density Housing in the General Plan Land Use Map and zoned as R2 (Low Density Residential) in the Official Districting Map; and WHEREAS, the existing “split designation” runs through the existing structure, creating a nonconforming condition for the rear portion of the parcel; and
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Packet Pg. 1862 Attachment: CDD-Reso-1331 Wilshire-LUCE Map Amendment 051325 (6801 : Housing Updates and Ordinances) WHEREAS, the “split designation” has presented issues in potential reuse of the property as commercial uses are generally prohibited in the Low Density Housing designation and presents a constraint on potential redevelopment of the parcel as two incongruous sets of land use regulations and development standards would be applied to the parcel; and
WHEREAS, on February 19, 2025, pursuant to Santa Monica Municipal Code Section 9.45.060(B), the Planning Commission adopted Resolution Number 25-003 (PCS), a Resolution of Intention, declaring its intention to consider recommending to the City Council that the Council, among other things, amend the Santa Monica General Plan Land Use Map and Official Districting Map for the City of Santa Monica for the parcel located at 1331 Wilshire Boulevard; and
WHEREAS, amending the General Plan Land Use Map to designate the entire parcel located at 1331 Wilshire Boulevard as Mixed Use Boulevard will resolve the “split designation” issue, removing impediments to future development; and WHEREAS, on March 19, 2025, the Planning Commission conducted a dulynoticed public hearing, and after considering oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 25-005 (PCS), recommending that the City Council amend the General Plan Land Use Map for the parcel located at 1331 Wilshire Boulevard for consistent designation; and
WHEREAS, on May 13, 2025, the City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission, and, after considering all oral and written testimony, desires to adopt the proposed amendments to the General Plan Land Use Map for the parcel located at 1331 Wilshire Boulevard.
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Packet Pg. 1863 Attachment: CDD-Reso-1331 Wilshire-LUCE Map Amendment 051325 (6801 : Housing Updates and Ordinances)
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Amendments to the General Plan Map. Pursuant to Santa Monica Municipal Code Section 9.45.080, the City Council does hereby amend the General Plan Land Use Map for the parcel located at 1331 Wilshire Boulevard because the subject parcel is currently designated as both Mixed Use Boulevard and Low Density Housing but has long been developed with a commercial use. This “split designation” runs through the existing commercial development, and, therefore, has resulted in the Low Density Housing portion being nonconforming, presenting issues in potential reuse of the property. Additionally, the split designation presents a constraint on potential redevelopment of the parcel as two incongruous sets of land use regulations and development standards would be applied to the parcel. This proposed change designating the entire parcel as Mixed Use Boulevard will provide a consistent General Plan designation for the parcel, eliminate the nonconforming condition and impediments to planned and future development of the parcel, ensure consistency between the General Plan Land Use Map and the Official Districting Map, and address any nonconforming conditions and impediments to planned and future development of the parcel, as set forth in Exhibit A, attached to this Resolution.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 1864 Attachment: CDD-Reso-1331 Wilshire-LUCE Map Amendment 051325 (6801 : Housing Updates and Ordinances)
EXHIBIT A
Amendment to the Land Use Map of the General Plan for the Parcel Located at 1331 Wilshire Boulevard
Address APN LUCE
Designation
Proposed Designation
1331 Wilshire
Boulevard
4281-012-025 Mixed Use
Boulevard/Low
Density
Housing
Mixed Use Boulevard
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Packet Pg. 1865 Attachment: CDD-Reso-1331 Wilshire-LUCE Map Amendment 051325 (6801 : Housing Updates and Ordinances) 1 City Council Meeting: May 13, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE OFFICIAL DISTRICTING MAP OF THE CITY OF SANTA MONICA REGARDING 1331 WILSHIRE BOULEVARD FOR CONSISTENT DESIGNATION WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element (“LUCE”) of the City’s General Plan, including a General Plan Land Use Map; and
WHEREAS, on July 24, 2015, the City adopted a revised Zoning Ordinance, which included a revised Districting Map; and
WHEREAS, California Government Code Section 65860 was amended by SB 1333, which became effective on January 1, 2019, to require that Charter Cities have consistency between their General Plans and Zoning Ordinances; and WHEREAS, the parcel located at 1331 Wilshire Boulevard is currently improved with a longstanding retail use; and
WHEREAS, the parcel has a “split designation” and “split zoning”, with the front two-thirds along Wilshire Blvd being designated Mixed Use Boulevard in the General Plan Land Use Map and zoned MUB (Mixed-Use Boulevard) in the Official Districting Map, and the rear one-third being designated as Low Density Housing in the General Plan Land Use Map and zoned as R2 (Low Density Residential) in the Official Districting Map; and WHEREAS, the existing “split zoning” runs through the existing structure, creating a nonconforming condition for the rear portion of the parcel; and WHEREAS, the “split zoning” has presented issues in potential reuse of the property as commercial uses are generally prohibited in the R2 zoning district and
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Packet Pg. 1866 Attachment: CDD-Ord-1331 Wilshire-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 2 presents a constraint on potential redevelopment of the parcel as two incongruous sets of land use regulations and development standards would be applied to the parcel; and WHEREAS, on February 19, 2025, pursuant to Santa Monica Municipal Code Section 9.45.060(B), the Planning Commission adopted Resolution Number 25-003 (PCS), a Resolution of Intention, declaring its intention to consider recommending to the City Council that the Council, among other things, amend the Santa Monica General Plan Land Use Map and Official Districting Map for the City of Santa Monica for the parcel located at 1331 Wilshire Boulevard; and
WHEREAS, amending the Official Districting Map to zone the entire parcel located at 1331 Wilshire Boulevard as MUB (Mixed Use Boulevard) will resolve the “split-zoning” issue, removing impediments to future development; and
WHEREAS, on March 19, 2025, the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the Official Districting Map, adopted Resolution Number 25- 006 (PCS), recommending that the City Council amend the Official Districting Map for the parcel located at 1331 Wilshire Boulevard based on the following findings:
1. The change in district boundaries is consistent in principle with the General Plan in that the proposed amendments will provide consistency between existing development and the Official Districting Map.
Currently, the parcel has been “split zoned” with the front two-thirds along Wilshire Blvd being classified MUB (Mixed-Use Boulevard), and the rear one-third being classified as R2 (Low Density Residential). This split zoning runs through the existing structure and therefore makes the rear R2 portion
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Packet Pg. 1867 Attachment: CDD-Ord-1331 Wilshire-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 3 nonconforming. This presents issues in potential reuse of the property as commercial uses are generally prohibited in the R2 zoning district and a constraint on potential redevelopment of the parcel as two incongruous sets of land use regulations and development standards would be applied to the parcel. The proposed change will rectify this issue by aligning the Official Districting Map with existing development for the entirety of the parcel;
2. The change in district boundaries is consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the subject parcel has “split zoning” with the front two-thirds along Wilshire Blvd being classified MUB (Mixed-Use Boulevard), and the rear one-third being classified as R2 (Low Density Residential) that runs through the existing commercial development. This has resulted in the rear R2 portion of the existing use as being considered nonconforming and has presented constraints on potential redevelopment of the parcel as two incongruous sets of land use regulations and development standards would be applied to the parcel. The proposed change will amend this issue by aligning the Official Districting Map with existing development for the entirety of the parcel; and
3. The change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given Zoning District in that the subject parcel currently has “split zoning”, with the front two-thirds along
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Packet Pg. 1868 Attachment: CDD-Ord-1331 Wilshire-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 4 Wilshire Blvd being classified MUB (Mixed-Use Boulevard), and the rear one-third being classified as R2 (Low Density Residential). This has created issues regarding nonconforming uses with the same structure and redevelopment of the parcel as the current two zoning districts have conflicting land use regulations and development standards. The proposed change will amend this issue by aligning the Official Districting Map with existing development for the entirety of the parcel; and WHEREAS, on May 13, 2025, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, desires to amend the Official Districting Map for the parcel located at 1331 Wilshire Boulevard as set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on May 13, 2025, regarding the proposed change to the Official Districting Map for the parcel located at 1331 Wilshire Boulevard, the City Council hereby makes the following findings:
1. The change in district boundaries is consistent in principle with the General Plan in that the proposed amendments will provide consistency between existing development and the Official Districting Map.
Currently, the parcel has been “split zoned” with the front two-thirds along Wilshire Blvd being classified MUB (Mixed-Use Boulevard), and the rear one-third being classified as R2 (Low Density Residential). This split zoning runs through the existing structure and therefore makes the rear R2 portion
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Packet Pg. 1869 Attachment: CDD-Ord-1331 Wilshire-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 5 nonconforming. This presents issues in potential reuse of the property as commercial uses are generally prohibited in the R2 zoning district and a constraint on potential redevelopment of the parcel as two incongruous sets of land use regulations and development standards would be applied to the parcel. The proposed change will rectify this issue by aligning the Official Districting Map with existing development for the entirety of the parcel.
2. The change in district boundaries is consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the subject parcel has “split zoning” with the front two-thirds along Wilshire Blvd being classified MUB (Mixed-Use Boulevard), and the rear one-third being classified as R2 (Low Density Residential) that runs through the existing commercial development. This has resulted in the rear R2 portion of the existing use as being considered nonconforming and has presented constraints on potential redevelopment of the parcel as two incongruous sets of land use regulations and development standards would be applied to the parcel. The proposed change will amend this issue by aligning the Official Districting Map with existing development for the entirety of the parcel.
3. The change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given Zoning District in that the subject parcel is currently has “split zoning”, with the front two-thirds
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Packet Pg. 1870 Attachment: CDD-Ord-1331 Wilshire-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 6 along Wilshire Blvd being classified MUB (Mixed-Use Boulevard), and the rear one-third being classified as R2 (Low Density Residential). This has created issues regarding nonconforming uses with the same structure and redevelopment of the parcel as the current two zoning districts have conflicting land use regulations and development standards. The proposed change will amend this issue by aligning the Official Districting Map with existing development for the entirety of the parcel.
Section 2. The City of Santa Monica Official Districting Map is hereby amended as set forth in Exhibit A, attached hereto.
SECTION 3. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official
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Packet Pg. 1871 Attachment: CDD-Ord-1331 Wilshire-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 7 newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_______________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 1872 Attachment: CDD-Ord-1331 Wilshire-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 8 EXHIBIT A
Amendment to the Zoning Designation in the Official Districting Map for the Parcel Located at 1331 Wilshire Boulevard
Address APN Zoning Classification Proposed
1331 Wilshire
Boulevard
4281-012-025 MUB (Mixed Use
Boulevard)/R2 (Low
Density Residential)
MUB (Mixed Use
Boulevard)
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Packet Pg. 1873 Attachment: CDD-Ord-1331 Wilshire-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) City Council Meeting: May 13, 2025 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE SANTA MONICA GENERAL PLAN LAND USE MAP FOR THE PARCEL LOCATED AT 2644 30TH STREET FOR CONSISTENT DESIGNATION WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element (“LUCE”) of the City’s General Plan, including a General Plan Land Use Map; and
WHEREAS, on July 24, 2015, the City adopted a revised Zoning Ordinance, which included a revised Districting Map; and
WHEREAS, California Government Code Section 65860 was amended by SB 1333, which became effective on January 1, 2019, to require that Charter Cities have consistency between their General Plans and Zoning Ordinances; and WHEREAS, since 1956, the parcel located at 2644 30th Street has been developed as a commercial office building, and, historically, was designated as C2, Neighborhood Commercial District; and
WHEREAS, during the adoption of the LUCE in 2010 and the update to the Zoning Ordinance to 2015, the parcel was designated as Single Family Housing for the General Plan Land Use Map and zoned Single-Unit Residential for the Official Districting Map; and
WHEREAS, these updates appear to have been inadvertent given the longstanding use of the property as a commercial office building and the prior designation as C2, Neighborhood Commercial; and
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Packet Pg. 1874 Attachment: CDD-Reso-2644 30th St-LUCE Map Amendment 051325 (6801 : Housing Updates and Ordinances) WHEREAS, the updates have caused a nonconforming condition on the property as well as impediments to future development, leasing opportunities, and financing for the property given the limitations of the Single Family Housing designation and zoning of R1 (Single Unit Residential); and
WHEREAS, on February 19, 2025, pursuant to Santa Monica Municipal Code Section 9.45.060(B), the Planning Commission adopted Resolution Number 25-003 (PCS), a Resolution of Intention, declaring its intention to consider recommending to the City Council that the Council, among other things, amend the Santa Monica General Plan Land Use Map and the Official Districting Map for the City of Santa Monica for the parcel located at 2466 30th Street; and
WHEREAS, amending the General Plan Land Use Map to designate the parcel located at 2644 30th Street as Neighborhood Commercial will correct the prior inadvertent designation and reflect the longstanding use of the property, removing impediments to future development; and
WHEREAS, on March 19, 2025, the Planning Commission conducted a dulynoticed public hearing, and after considering oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 25-007 (PCS), recommending that the City Council amend the General Plan Land Use Map for the parcel located at 2644 30th Street for consistent designation; and
WHEREAS, on May 13, 2025, the City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission, and, after considering all oral and written testimony, desires to adopt the proposed amendments to the General Plan Land Use Map for the parcel located at 2644 30th Street.
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Packet Pg. 1875 Attachment: CDD-Reso-2644 30th St-LUCE Map Amendment 051325 (6801 : Housing Updates and Ordinances)
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Amendments to the General Plan Map. Pursuant to Santa Monica Municipal Code Section 9.45.080, the City Council does hereby amend the General Plan Land Use Map for the parcel located at 2644 30th Street because although subject parcel is currently designated as Single Family Housing, it has been developed as a commercial office building since 1956 and was historically zoned as commercial, and when the General Plan Land Use Map was amended as part of the 2010 update to the Land Use and Circulation Element, the parcel’s designation was changed to Single Family Housing in the Land Use Map, which appears to have been inadvertent given the longstanding use of the property and prior C2, Neighborhood Commercial zoning of the parcel. This has created a nonconforming condition and impediments to future development, leasing opportunities, and financing for the property given the limitations of the Single Family Housing designation. The proposed change to Neighborhood Commercial will rectify these issues and align the LUCE designation with the development history of the parcel, ensure consistency between the General Plan Land Use Map and the Official Districting Map, and address any nonconforming conditions and impediments to planned and future development of the parcel, as set forth in Exhibit A, attached to this Resolution.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 1876 Attachment: CDD-Reso-2644 30th St-LUCE Map Amendment 051325 (6801 : Housing Updates and Ordinances)
EXHIBIT A
Amendment to the Land Use Map of the General Plan for the Parcel Located at 2644 30th Street
Address APN LUCE
Designation
Proposed LUCE Designation
2644 30th St
(portion containing
commercial
building only)
4270-016-084 Single
Family
Housing
Neighborhood Commercial
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Packet Pg. 1877 Attachment: CDD-Reso-2644 30th St-LUCE Map Amendment 051325 (6801 : Housing Updates and Ordinances) 1 City Council Meeting: May 13, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE OFFICIAL DISTRICTING MAP OF THE CITY OF SANTA MONICA REGARDING 2644 30TH STREET FOR CONSISTENT DESIGNATION
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element (“LUCE”) of the City’s General Plan, including a General Plan Land Use Map; and
WHEREAS, on July 24, 2015, the City adopted a revised Zoning Ordinance, which included a revised Districting Map; and
WHEREAS, California Government Code Section 65860 was amended by SB 1333, which became effective on January 1, 2019, to require that Charter Cities have consistency between their General Plans and Zoning Ordinances; and WHEREAS, since 1956, the parcel located at 2644 30th Street has been developed as a commercial office building, and, historically, was designated as C2, Neighborhood Commercial District; and
WHEREAS, during the adoption of the LUCE in 2010 and the update to the Zoning Ordinance to 2015, the parcel was designated as Single Family Housing for the General Plan Land Use Map and zoned Single-Unit Residential for the Official Districting Map; and
WHEREAS, these updates appear to have been inadvertent given the longstanding use of the property as a commercial office building and the prior designation as C2, Neighborhood Commercial; and
12.A.f
Packet Pg. 1878 Attachment: CDD-Ord-2644 30th St-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 2 WHEREAS, the updates have caused a nonconforming condition on the property as well as impediments to future development, leasing opportunities, and financing for the property given the limitations of the Single Family Housing designation and zoning of R1 (Single Unit Residential); and
WHEREAS, on February 19, 2025, pursuant to Santa Monica Municipal Code Section 9.45.060(B), the Planning Commission adopted Resolution Number 25-003 (PCS), a Resolution of Intention, declaring its intention to consider recommending to the City Council that the Council, among other things, amend the General Plan Land Use Map and Official Districting Map of the City of Santa Monica for the parcel located at 2466 30th Street; and
WHEREAS, amending the Official Districting Map to zone the parcel located at 2644 30th Street as NC (Neighborhood Commercial) will correct the prior inadvertent designation and reflect the longstanding use of the property, removing impediments to future development; and
WHEREAS, amending the Official Districting Map to zone the parcel located at 2644 30th Street as Neighborhood Commercial will correct the prior inadvertent designation and reflect the longstanding use of the property, ensure consistency with the General Plan, and remove impediments to future development; and WHEREAS, on March 19, 2025, the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the Official Districting Map, adopted Resolution Number 25- 008 (PCS), recommending that the City Council amend the Official Districting Map for the parcel located at 2644 30th Street based on the following findings:
12.A.f
Packet Pg. 1879 Attachment: CDD-Ord-2644 30th St-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 3 1. The change in district boundaries is consistent in principle with the General Plan in that the proposed amendments will provide consistency between existing development and the Official Districting Map.
Due to an inadvertent reclassification of the parcel during both the 2010 Land Use and Circulation Element update and the 2015 Zoning Ordinance update to Single Family Housing and R1 (Single-Unit Residential), respectively, the commercial use of the subject parcel established in 1956 is now a nonconforming land use. This inconsistency between the use and Official District Map has created impediments to future development due to the land use limitations of the R1 zoning district, leasing tenant space within the building, and financing the property. The proposed change will rectify this issue by aligning the Official Districting Map with the historic existing commercial use of the parcel;
2. The change in district boundaries is consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the proposed change will align the Official Districting Map with the existing commercial development of the parcel. Since 1956 the subject parcel has been developed as a commercial use, but inadvertently during both the 2010 Land Use and Circulation Element update and 2015 Zoning Ordinance update was reclassified as Single Family Housing and R1 (Single-Unit Residential), respectively. This inconsistency between the use and zoning district has created impediments to future development due to the land use limitations of the R1 zoning district, leasing tenant space
12.A.f
Packet Pg. 1880 Attachment: CDD-Ord-2644 30th St-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 4 within the building, and financing the property. The proposed change will rectify this issue by aligning the Official Districting Map with the historic existing use of the parcel; and
3. The change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given Zoning District in that the subject parcel has historically been developed with as a commercial use since 1956 and was zoned as such until it was inadvertently amended as part of both the 2010 Land Use and Circulation update and 2015 Zoning Ordinance update to Single Family Housing and R1 (Single-Unit Residential), respectively. This inadvertent reclassification has resulted in a nonconforming condition and impediments to future development due to land use limitations of the R1 zoning district, leasing tenant space with the building, and financing the property. The proposed change will align the Official District Map for the subject parcel with existing development; and WHEREAS, on May 13, 2025, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, desires to amend the Official Districting Map for the parcel located at 2644 30th Street as set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on May 13, 2025, regarding the proposed change to the Official Districting Map for the parcel located at 2644 30th Street, the City Council hereby makes the following findings:
12.A.f
Packet Pg. 1881 Attachment: CDD-Ord-2644 30th St-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 5 1. The change in district boundaries is consistent in principle with the General Plan in that the proposed amendments will provide consistency between existing development and the Official Districting Map.
Due to an inadvertent reclassification of the parcel during both the 2010 Land Use and Circulation Element update and the 2015 Zoning Ordinance update to Single Family Housing and R1 (Single-Unit Residential), respectively, the commercial use of the subject parcel established in 1956 is now a nonconforming land use. This inconsistency between the use and Official District Map has created impediments to future development due to the land use limitations of the R1 zoning district, leasing tenant space within the building, and financing the property. The proposed change will rectify this issue by aligning the Official Districting Map with the historic existing commercial use of the parcel.
2. The change in district boundaries is consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the proposed change will align the Official Districting Map with the existing commercial development of the parcel. Since 1956 the subject parcel has been developed as a commercial use, but inadvertently during both the 2010 Land Use and Circulation Element update and 2015 Zoning Ordinance update was reclassified as Single Family Housing and R1 (Single-Unit Residential), respectively. This inconsistency between the use and zoning district has created impediments to future development due to the land use limitations of the R1 zoning district, leasing tenant space
12.A.f
Packet Pg. 1882 Attachment: CDD-Ord-2644 30th St-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 6 within the building, and financing the property. The proposed change will rectify this issue by aligning the Official Districting Map with the historic existing use of the parcel.
3. The change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given Zoning District in that the subject parcel has historically been developed with as a commercial use since 1956 and was zoned as such until it was inadvertently amended as part of both the 2010 Land Use and Circulation update and 2015 Zoning Ordinance update to Single Family Housing and R1 (Single-Unit Residential), respectively. This inadvertent reclassification has resulted in a nonconforming condition and impediments to future development due to land use limitations of the R1 zoning district, leasing tenant space with the building, and financing the property. The proposed change will align the Official District Map for the subject parcel with existing development.
Section 2. The City of Santa Monica Official Districting Map is hereby amended as set forth in Exhibit A, attached hereto.
SECTION 3. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining
12.A.f
Packet Pg. 1883 Attachment: CDD-Ord-2644 30th St-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 7 portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_______________________
DOUGLAS SLOAN
City Attorney
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Packet Pg. 1884 Attachment: CDD-Ord-2644 30th St-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 8 EXHIBIT A
Amendment to the Zoning Designation in the Official Districting Map for the Parcel Located at 2644 30th Street
Address APN Zoning
Classification
Proposed
2644 30th St
(portion containing
commercial
building only)
4270-016-
084
R1 (Single-Unit
Residential)
NC (Neighborhood
Commercial)
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Packet Pg. 1885 Attachment: CDD-Ord-2644 30th St-Zoning Map Amendment 051325 (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: Danny Guggenheim <[email protected]>
Sent: Tuesday, May 13, 2025 5:17 PM
To: councilmtgitems
Subject: Re: 5/13/25 Item 12.A.6-7 -- Upzoning of 30th Street Parcel
EXTERNAL
Dear All - Based on my review of new information relating to this matter, I withdraw my opposition.
Danny Guggenheim
(310) 890-0346
On Monday, May 12, 2025, 9:00 AM, Danny Guggenheim <[email protected]> wrote:
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to Resolution 25-007 and Resolution 25-008 to (respectively) change the LUCE and Districting Map for 2644 30th Street, which is less than one-quarter of a mile from our home of nearly 20 years.
If this change is made, this lot which is entirely on the interior of a residential street and includes a parking lot, could, with the state height density bonuses, allow for an 85 foot building. This is way too tall for the interior of a residential street. 2644 30th Street is currently a 2-story office building and parking lot that fronts both 29th and 30th Streets, and which is usually quiet and calm outside of business hours and on weekends, when countless residents walk their children and pets past this lot. It is an interior parcel and is not located on a boulevard.
Staff should not be supporting an upzone of this parcel to Neighborhood Commercial, and in any case has failed to engage with the community and analyze the impact of the change on the character of the neighborhood as required by the LUCE. I am also concerned to hear about questionable statements made by staff in order to justify what appears to be illegal spot zoning.
I urge you to oppose this inappropriate, misguided and potentially illegal upzoning.
Thank you,
Danny Guggenheim
Sunset Park homeowner since 2006
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1886 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: Kjbloore <[email protected]>
Sent: Tuesday, May 13, 2025 12:26 PM
To: councilmtgitems
Subject: Serious OPPOSITION to 5/13/25 Agenda Items
EXTERNAL
The following Agenda Items are scheduled for your meeting ofMay l3, 1015:
Item 4J - OPPOSE
Item 12A - OPPOSE
Item 10A - OPPOSE
Item 4K - OPPOSE
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1887 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 2 David Yakobson
From: Peter A Donald <[email protected]>
Sent: Tuesday, May 13, 2025 12:01 PM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick
Subject: OPPOSE COUNCIL 5/13//25 AGENDA ITEMS 4J, 4K, 10A and 12A
EXTERNAL
Dear Council member,
I am opposing tonight’s agenda items 4J, 4K, 10A and 12A. They all seek to limit residents lives through onerous state control of our land use laws, opening up our public spaces for disruptive use and restricting our right to public interaction with our City Council.
There has to be more equitable solutions to the problems these topics represent.
Thank You,
-pad蚋蚌蚍蚎Peter A Donald
2618 32nd St.
Santa Monica, CA 90405
310 871-4862
[email protected]
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1888 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: [email protected]
Sent: Tuesday, May 13, 2025 12:54 PM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick
Subject: Agenda items 10A, 12A & SB9, 5/13/2025 - oppose
EXTERNAL
Dear council members,
I am a resident of the city of Santa Monica. I oppose the agenda items 10A, 12A, and SB9. I strongly request that all council members to vote NO on 10A, 12A, and SB9.
Thank you,
Mahvash Shafiey
835 Harvard St
Santa Monica. CA 90403
Sent from my iPhone
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1889 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: Christy Hobart <[email protected]>
Sent: Tuesday, May 13, 2025 4:16 PM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Caroline Torosis; Jesse Zwick; [email protected]
Subject: 5/13/25 Item 12.A.2 -- Elimination of owner-occupancy requirement -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I'm a little late getting this to you, but I object to the proposed amendment that eliminates an owneroccupancy requirement pertaining to ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential.
Adopting this ordinance will lead to the destruction of family neighborhoods in favor of profit-driven development of market-rate units.
The Planning Commission who reviewed this recommended against adopting it.
Current state law expressly requires owner-occupancy for 3 years from the date of the approval of a lot split. Removing the owner-occupancy provision – as well as all limitations to demolition – will open all single-family residential properties to speculative purchase by developers.
In fact, according to a Public Records Act request to the City, this elimination of the Owner Occupancy Requirement was recommended by a single corporate representative who is associated with two different SB9 developments in Santa Monica, who stands to rake in millions off his projects. Who is City Council serving if it gives our city away to this request? I urge you to retain an owner-occupancy requirement that is consistent with current state law and is crucial to the integrity of our neighborhoods.
Thank you,
Christy Hobart
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1890 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 2 David Yakobson
From: John Londono <[email protected]>
Sent: Tuesday, May 13, 2025 3:43 PM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected]
Subject: 5/13/25 Item 12.A.6-7 -- Upzoning of 30th Street Parcel -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to Resolution 25-007 and Resolution 25-008, which change the LUCE and Districting Map for 2644 30th Street, respectively.
If this change is made, the lot, which is entirely on the interior of a residential street and includes a parking lot, could, with the state height density bonuses, allow for an 85 foot building.
This is way too tall for the interior of a residential street! 2644 30th Street is a 2-story office building and parking lot that fronts both 29th and 30th Streets. It is an interior parcel and is NOT located on a boulevard. Nevertheless, staff is trying to upzone this parcel to Neighborhood Commercial. In doing so, staff has failed to engage with the community and analyze the impact of the change on the character of the neighborhood as required by the LUCE. Also of concern are the numerous questionable statements made by staff in order to justify what appears to be illegal spot zoning.
Please oppose this upzoning.
Thank you,
John Londono
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1891 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 3 David Yakobson
From: John Londono <[email protected]>
Sent: Tuesday, May 13, 2025 3:43 PM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected]
Subject: 5/13/25 Item 12.A.2 -- Elimination of owner-occupancy requirement -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment that eliminates an owner-occupancy requirement pertaining to ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential.
Adopting this ordinance will lead to the destruction of family neighborhoods in favor of profit-driven development of market-rate units.
The Planning Commission who reviewed this recommended against adopting it.
Current state law expressly requires owner-occupancy for 3 years from the date of the approval of a lot split. Removing the owner-occupancy provision – as well as all limitations to demolition – will open all single-family residential properties to speculative purchase by developers.
In fact, according to a Public Records Act request to the City, this elimination of the Owner Occupancy Requirement was recommended by a single corporate representative who is associated with two different SB9 developments in Santa Monica, who stands to rake in millions off his projects. Who is City Council serving if it gives our city away to this request? I urge you to retain an owner-occupancy requirement that is consistent with current state law and is crucial to the integrity of our neighborhoods.
Thank you,
John Londono
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1892 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 4 David Yakobson
From: Soledad Ramos <[email protected]>
Sent: Tuesday, May 13, 2025 3:26 PM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected]
Subject: 5/13/25 Item 12.A.2 -- Elimination of parcel size threshold -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment to the text of the City’s Zoning Ordinance to eliminate parcel size threshold for streamlined review of housing projects.
This change would allow all “housing projects” (as defined by California’s Housing Accountability Act) proposed in all nonresidential zones except the Bergamot Area Plan to be processed through an Administrative Approval process regardless of the size of the parcel upon which the housing project is located. This could mean parcels as big as the entire Business Park area, or even the Santa Monica Airport! This is a far-reaching, adverse change to our zoning. We cannot leave so much of the development of our city purely to staff discretion. The public must be able to weigh in on huge projects before they are approved -- it's the democratic way to do things!
Thank you,
Soledad Ramos
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1893 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 5 David Yakobson
From: Soledad Ramos <[email protected]>
Sent: Tuesday, May 13, 2025 3:26 PM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected]
Subject: 5/13/25 Item 12.A.2 -- Elimination of owner-occupancy requirement -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment that eliminates an owner-occupancy requirement pertaining to ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential.
Adopting this ordinance will lead to the destruction of family neighborhoods in favor of profit-driven development of market-rate units.
The Planning Commission who reviewed this recommended against adopting it.
Current state law expressly requires owner-occupancy for 3 years from the date of the approval of a lot split.
Removing the owner-occupancy provision – as well as all limitations to demolition – will open all single-family residential properties to speculative purchase by developers.
In fact, according to a Public Records Act request to the City, this elimination of the Owner Occupancy Requirement was recommended by a single corporate representative who is associated with two different SB9 developments in Santa Monica, who stands to rake in millions off his projects. Who is City Council serving if it gives our city away to this request?
I urge you to retain an owner-occupancy requirement that is consistent with current state law and is crucial to the integrity of our neighborhoods.
Thank you,
Soledad Ramos
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1894 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 6 David Yakobson
From: Soledad Ramos <[email protected]>
Sent: Tuesday, May 13, 2025 3:26 PM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected]
Subject: 5/13/25 Item 12.A.6-7 -- Upzoning of 30th Street Parcel -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to Resolution 25-007 and Resolution 25-008, which change the LUCE and Districting Map for 2644 30th Street, respectively.
If this change is made, the lot, which is entirely on the interior of a residential street and includes a parking lot, could, with the state height density bonuses, allow for an 85 foot building.
This is way too tall for the interior of a residential street! 2644 30th Street is a 2-story office building and parking lot that fronts both 29th and 30th Streets. It is an interior parcel and is NOT located on a boulevard. Nevertheless, staff is trying to upzone this parcel to Neighborhood Commercial. In doing so, staff has failed to engage with the community and analyze the impact of the change on the character of the neighborhood as required by the LUCE. Also of concern are the numerous questionable statements made by staff in order to justify what appears to be illegal spot zoning.
Please oppose this upzoning.
Thank you,
Soledad Ramos
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1895 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 7 David Yakobson
From: Annette Tatum <[email protected]>
Sent: Tuesday, May 13, 2025 3:25 PM
To: councilmtgitems
Subject: 5/13/25 Item 12.A.6-7 -- Upzoning of 30th Street Parcel -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to Resolution 25-007 and Resolution 25-008, which change the LUCE and Districting Map for 2644 30th Street, respectively.
If this change is made, the lot, which is entirely on the interior of a residential street and includes a parking lot, could, with the state height density bonuses, allow for an 85 foot building.
This is way too tall for the interior of a residential street! 2644 30th Street is a 2-story office building and parking lot that fronts both 29th and 30th Streets. It is an interior parcel and is NOT located on a boulevard. Nevertheless, staff is trying to upzone this parcel to Neighborhood Commercial. In doing so, staff has failed to engage with the community and analyze the impact of the change on the character of the neighborhood as required by the LUCE. Also of concern are the numerous questionable statements made by staff in order to justify what appears to be illegal spot zoning.
Please oppose this upzoning.
Thank you,
Annette Tatum
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1896 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 8 David Yakobson
From: Annette Tatum <[email protected]>
Sent: Tuesday, May 13, 2025 3:25 PM
To: councilmtgitems
Subject: 5/13/25 Item 12.A.2 -- Elimination of parcel size threshold -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment to the text of the City’s Zoning Ordinance to eliminate parcel size threshold for streamlined review of housing projects.
This change would allow all “housing projects” (as defined by California’s Housing Accountability Act) proposed in all nonresidential zones except the Bergamot Area Plan to be processed through an Administrative Approval process regardless of the size of the parcel upon which the housing project is located. This could mean parcels as big as the entire Business Park area, or even the Santa Monica Airport! This is a far-reaching, adverse change to our zoning. We cannot leave so much of the development of our city purely to staff discretion. The public must be able to weigh in on huge projects before they are approved -- it's the democratic way to do things!
Thank you,
[YOUR NAME HERE]
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1897 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 9 David Yakobson
From: Annette Tatum <[email protected]>
Sent: Tuesday, May 13, 2025 3:24 PM
To: councilmtgitems
Subject: 5/13/25 Item 12.A.2 -- Elimination of parcel size threshold -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment to the text of the City’s Zoning Ordinance to eliminate parcel size threshold for streamlined review of housing projects.
This change would allow all “housing projects” (as defined by California’s Housing Accountability Act) proposed in all nonresidential zones except the Bergamot Area Plan to be processed through an Administrative Approval process regardless of the size of the parcel upon which the housing project is located. This could mean parcels as big as the entire Business Park area, or even the Santa Monica Airport! This is a far-reaching, adverse change to our zoning. We cannot leave so much of the development of our city purely to staff discretion. The public must be able to weigh in on huge projects before they are approved -- it's the democratic way to do things!
Thank you,
Annette Tatum
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1898 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 10 David Yakobson
From: Annette Tatum <[email protected]>
Sent: Tuesday, May 13, 2025 3:24 PM
To: councilmtgitems
Subject: 5/13/25 Item 12.A.2 -- Elimination of owner-occupancy requirement -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment that eliminates an owner-occupancy requirement pertaining to ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential.
Adopting this ordinance will lead to the destruction of family neighborhoods in favor of profit-driven development of market-rate units.
The Planning Commission who reviewed this recommended against adopting it.
Current state law expressly requires owner-occupancy for 3 years from the date of the approval of a lot split.
Removing the owner-occupancy provision – as well as all limitations to demolition – will open all single-family residential properties to speculative purchase by developers.
In fact, according to a Public Records Act request to the City, this elimination of the Owner Occupancy Requirement was recommended by a single corporate representative who is associated with two different SB9 developments in Santa Monica, who stands to rake in millions off his projects. Who is City Council serving if it gives our city away to this request?
I urge you to retain an owner-occupancy requirement that is consistent with current state law and is crucial to the integrity of our neighborhoods.
Thank you,
Annette Tatum
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1899 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 11 David Yakobson
From: Meganzemke <[email protected]>
Sent: Tuesday, May 13, 2025 1:40 PM
To: councilmtgitems
Subject: 5/13/25 Item 12.A.2 -- Elimination of parcel size threshold -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment to the text of the City’s Zoning Ordinance to eliminate parcel size threshold for streamlined review of housing projects.
This change would allow all “housing projects” (as defined by California’s Housing Accountability Act) proposed in all nonresidential zones except the Bergamot Area Plan to be processed through an Administrative Approval process regardless of the size of the parcel upon which the housing project is located. This could mean parcels as big as the entire Business Park area, or even the Santa Monica Airport! This is a far-reaching, adverse change to our zoning. We cannot leave so much of the development of our city purely to staff discretion. The public must be able to weigh in on huge projects before they are approved -- it's the democratic way to do things!
Thank you,
[YOUR NAME HERE]
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1900 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 12 David Yakobson
From: Meganzemke <[email protected]>
Sent: Tuesday, May 13, 2025 1:40 PM
To: councilmtgitems
Subject: 5/13/25 Item 12.A.6-7 -- Upzoning of 30th Street Parcel -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to Resolution 25-007 and Resolution 25-008, which change the LUCE and Districting Map for 2644 30th Street, respectively.
If this change is made, the lot, which is entirely on the interior of a residential street and includes a parking lot, could, with the state height density bonuses, allow for an 85 foot building.
This is way too tall for the interior of a residential street! 2644 30th Street is a 2-story office building and parking lot that fronts both 29th and 30th Streets. It is an interior parcel and is NOT located on a boulevard. Nevertheless, staff is trying to upzone this parcel to Neighborhood Commercial. In doing so, staff has failed to engage with the community and analyze the impact of the change on the character of the neighborhood as required by the LUCE. Also of concern are the numerous questionable statements made by staff in order to justify what appears to be illegal spot zoning.
Please oppose this upzoning.
Thank you,
[YOUR NAME HERE]
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1901 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 13 David Yakobson
From: Meganzemke <[email protected]>
Sent: Tuesday, May 13, 2025 1:40 PM
To: councilmtgitems
Subject: 5/13/25 Item 12.A.2 -- Elimination of owner-occupancy requirement -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment that eliminates an owner-occupancy requirement pertaining to ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential.
Adopting this ordinance will lead to the destruction of family neighborhoods in favor of profit-driven development of market-rate units.
The Planning Commission who reviewed this recommended against adopting it.
Current state law expressly requires owner-occupancy for 3 years from the date of the approval of a lot split.
Removing the owner-occupancy provision – as well as all limitations to demolition – will open all single-family residential properties to speculative purchase by developers.
In fact, according to a Public Records Act request to the City, this elimination of the Owner Occupancy Requirement was recommended by a single corporate representative who is associated with two different SB9 developments in Santa Monica, who stands to rake in millions off his projects. Who is City Council serving if it gives our city away to this request?
I urge you to retain an owner-occupancy requirement that is consistent with current state law and is crucial to the integrity of our neighborhoods.
Thank you,
[YOUR NAME HERE]
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1902 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 14 David Yakobson
From: Heidi Wulkow <[email protected]>
Sent: Tuesday, May 13, 2025 1:26 PM
To: councilmtgitems; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected] Subject: Please Vote NO on Agenda Item 12A Protect Our Neighborhood and Public Voice
EXTERNAL
Dear Mayor and City Councilmembers,
I am writing as a concerned Santa Monica resident to respectfully urge you to vote NO on all five proposals included in Agenda Item 12A 5/13/2025. These proposals would have a lasting and detrimental impact on the character, safety, and livability of our community.
Here’s why I strongly oppose Agenda Item 12A:
1. SB 79 – Overdevelopment Without Oversight
Allowing apartment and condo towers up to 15 stories tall within a 1⁄2 mile of any transit stop, including an ever-growing number of bus stops, would invite unchecked overdevelopment, congestion and safety issues. This bill prioritizes developers over residents and undermines local control.
2. Eliminating the Owner-Occupancy Requirement for Lot Splits This change would accelerate speculative real estate activity in single-family neighborhoods, eroding community stability and transforming residential areas into zones apartment zones.
3. Removing Public Input on Commercial Development
Removing the requirement for council votes and public comment on commercial projects would silence the voices of residents and remove critical transparency from the development process.
Decisions that impact the future of our city should never be made behind closed doors.
4. Upzoning 1331 Wilshire and 2644 30th Street
These proposals set a dangerous precedent for out-of-scale development in sensitive areas.
Upzoning without community input disregards the values and concerns of surrounding residents.
5. Reducing Public Speaking Time at Council Meetings
Limiting residents’ ability to speak and removing time donations further diminishes public participation in our democracy. Santa Monica deserves more transparency and engagement, not less.
6. It is deeply troubling that every member of this City Council has accepted campaign contributions from developers and affiliated political action committees. This represents a serious conflict of interest and may constitute a violation of the Fair Political Practices Commission’s (FPPC) Pay-to-Play restrictions. Furthermore, the lack of transparency in how Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1903 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 15 these proposals are being advanced raises legitimate concerns about potential Brown Act violations. Santa Monica residents will not stand by! We will demand full accountability and ensure these matters are thoroughly investigated by the appropriate oversight authorities.
Each of these proposals benefits large developers, not the everyday residents who live, work, and raise families in Santa Monica. We are facing serious challenges in public safety, infrastructure, and affordability handing over our city to speculative interests will only worsen these problems.
Please stand with the residents of Santa Monica, not special interests. Vote NO on Agenda Item 12A.
Sincerely,
Heidi Wulkow
[email protected]
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1904 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 16 David Yakobson
From: Chris Knauf <[email protected]>
Sent: Tuesday, May 13, 2025 12:32 PM
To: councilmtgitems; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick
Subject: Items 12.A.6 and 7
EXTERNAL
Dear Councilmembers,
As 20-year residents of 30th Street, my wife and I, along with every resident of our local Sunset Park community, love and endure our business and restaurant district on Ocean Park Blvd. I say endure because of the high traffic and local parking difficulties. We also endure nonstop construction in our area.
We are VERY concerned that these Council items tonight will result in redevelopment on the lots concerned. A remodel is one thing, but a significant expansion and increase in commercial space and traffic would NOT improve our community’s wellness and quality of life.
Please do NOT approve the resolutions changing the LUCE Designation to "Neighborhood Commercial" and changing the zoning to NC.
Thank you for putting your CURRENT residents needs at the forefront.
Sincerely,
Christopher H. Knauf
Leanna Einbinder
Maya Knauf
2611 30th Street
Santa Monica CA 90405
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1905 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 17 David Yakobson
From: Leanna Einbinder <[email protected]>
Sent: Tuesday, May 13, 2025 11:59 AM
To: councilmtgitems
Subject: 12.A.6 and 7
EXTERNAL
Please do NOT approve the resolutions changing the LUCE Designation to "Neighborhood Commercial" and changing the zoning to NC.
I live on 30th Street, and my family is strenuously opposed.
Thank you.
Leanna Einbinder
2611 30th Street
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1906 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: DanielCollins <[email protected]>
Sent: Tuesday, May 13, 2025 11:55 AM
To: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; councilmtgitems
Subject: Meeting 5.13.24 Vote NO on Agenda Item 12A & 4K Protect Our Neighborhood and Public Voice
EXTERNAL
Dear Mayor and City Councilmembers,
I am writing as a concerned Santa Monica resident to respectfully urge you to vote NO on all five proposals included in Agenda Item 12A & 4K 5/13/2025. These proposals would have a lasting and detrimental impact on the character, safety, and livability of our community. Consequences of your actions will reverberate through history and will not be forgotten if shown to be Here’s why I strongly oppose Agenda Item 12A:
1. SB 79 – Overdevelopment Without Oversight
Allowing apartment and condo towers up to 15 stories tall within would invite unchecked overdevelopment, congestion and safety issues. This bill prioritizes developers over residents and undermines local control.This will be a nightmare for all of the longtime residents in the city. This is abhorrent, as these buildings are rent control exempt. Most people don't know this. You are not helping low income families or poor Santa Monica Residents. You are giving deals to the largest most influential developers. You are not taking care of the people. There is nothing progressive about you deals!
2. Eliminating the Owner-Occupancy Requirement for Lot Splits Do not allow large developments into R1 single family home neighborhoods! This erodes communities and transforms residential areas into apartment zones.
3. Removing Public Input on Commercial Development
Removing the requirement for council votes and public comment on commercial projects would silence the voices of residents and remove critical transparency from the development process.
Decisions that impact the future of our city should never be made behind closed doors.
4. Oppose Upzoning at 1331 Wilshire & 2644 30th Street
These proposals set a dangerous precedent for out-of-scale development in already congested areas. This intersection is a key traffic artery—upzoning both corners will worsen gridlock and create serious public safety risks.
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1907 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 2 During the Palisades fire, residents in the Wilmont neighborhood faced potential evacuation.
Overdevelopment and "road diet" policies that remove traffic lanes are turning vital evacuation routes into bottlenecks. During the Palisades fire residents were trapped in Hollywood and the Palisades due to narrowed streets and obstructed exits.
Councilmember Dan Hall’s remark that he wants to “squeeze people out of their cars” is not only irresponsible—it’s reckless and dangerous. Lives are at stake. Stop making Santa Monica unlivable and unsafe.
5. Reducing Public Speaking Time at Council Meetings
Limiting residents’ ability to speak and removing time donations further diminishes public participation in our democracy. Santa Monica deserves more transparency and engagement, not less.
6. It is deeply troubling that every member of this City Council has accepted campaign contributions from developers and affiliated political action committees. This represents a serious conflict of interest and may constitute a violation of the Fair Political Practices Commission’s (FPPC) Pay-to-Play restrictions. Furthermore, the lack of transparency in how these proposals are being advanced raises legitimate concerns about potential Brown Act violations. Santa Monica residents will not stand by! We will demand full accountability and ensure these matters are thoroughly investigated by the appropriate oversight authorities.
Each of these proposals benefits large developers, not the everyday residents who live, work, and raise families in Santa Monica. We are facing serious challenges in public safety, infrastructure, and affordability handing over our city to speculative interests will only worsen these problems.
Please stand with the residents of Santa Monica, not special interests. Vote NO on Agenda Item 12A & 4K.
Sincerely,
Daniel Collins
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1908 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: Gregory Cole <[email protected]>
Sent: Tuesday, May 13, 2025 11:55 AM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick
Subject: RE: citizen comments on items before the city council 5/13/25
EXTERNAL
Dear City Council Members- As a long term Santa Monica resident and co-homeowner with my wife, I would like to register our opposition with comment in red to the following four items coming before the council:
1) Agenda Item 4J – Support letter from SM for SB 79 -
We oppose authorizing the City’s support for SB 79 (Wiener) because SB79 would allow 7-story market rate apartment towers and without offering any affordable housing. Like most residents and homeowners, we have all abided the existing regulations limiting our own property buildings and remodels with major investments. Santa Monica is already high density with ever increasing limitations on water and parking and ever increasing congestion. It is flooded with outside visitors beyond this density. It is unacceptable to further damage our lifetime investments in our homes and the quality of life in this city. 2) Agenda Item 12A – End Owner Occupancy Requirement in SB9 We oppose ending this requirement to lose local control and enable developers further latitude to increase density without any of the intended benefits of supporting families trying to house their aging parents and the next generation with fewer and fewer job opportunities as they face the coming AI/ robotics onslaught on jobs. 3) Agenda Item 10A – Promenade Entertainment Zone –
Aside from punishing residents with late night noise, this ordinance will inevitably lead to more visitors coming to party and leaving drunk and disorderly, often behind the wheel and capable of killing people. We see dead people and a council with responsibility.
4) Agenda Item 4K – Public Input Rules -
We oppose this change which limits the ability of any presentation of fact based reasoned arguments that would inform the council and public opinion. It inflates the impact of outsiders and insiders lobbying the council and city staff and diminish democratic governance that respects resident rights to voice their opinions in meaningful ways.
Thank you for considering our views,
Sincerely,
Greg M. Cole and Sally A. Frautschy
18 Seaview Terrace
Santa Monica, Ca. 90401
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1909 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: Cynthia Rose <[email protected]>
Sent: Tuesday, May 13, 2025 11:51 AM
To: councilmtgitems; Council Mailbox; Lana Negrete; Caroline Torosis; Jesse Zwick; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Dan Hall
Cc: [email protected]
Subject: Support agenda Items 4J and 12A
Attachments: 2025-05 Support Agenda items 4J-12A SaMoSSA .pdf
EXTERNAL
Dear Mayor Negrete, Mayor Pro Tem Torosis and Santa Monica City Council Members:
Please find our letter of support as residents, community leaders and on behalf of the Santa Monica Safe Streets Alliance (SaMoSSA) for agenda Item 4J (as supplemented) addressing Senate Bill 79, and Item 12A, amending Zoning Ordinance in sync with State Law.
--
Cynthia Rose
Co-Chair
Santa Monica Safe Streets Alliance
SaMoSafeStreets.org
I acknowledge with respect and gratitude the Tongva, Kizh, and Chumash Peoples on whose traditional territory I live and work.
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1910 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances)
May 13, 2025
RE: Item Items 4J and 12A Please Support
Dear Mayor Negrete, Mayor Pro Tem Torosis and Santa Monica City Council Members:
We are pleased to write to your today as climate-sensitive housing advocates to express our support as residents, community leaders and on behalf of the Santa Monica Safe Streets Alliance (SaMoSSA) for the two agenda Items you are considering this evening: Item 4J (as supplemented) addressing Senate Bill 79, and Item 12A, amending Zoning Ordinance in sync with State Law.
We support the revision of the City’s definition of “housing project” to be consistent with State Law and support the streamlining for all housing projects regardless of the project site’s land area.
Both of these important and timely items represent progress that our city desperately needs to maximize housing along major transit corridors. We welcome the opportunities to update the LUCE to address the housing crisis in concert with the measures set forth in our Climate Action and Adaptation Plan for new housing to be practical and available to welcome new Santa Monica residents to be a part of our community.
Sincerely,
Cynthia Rose Cris Gutierrez
Co-Chair, Santa Monica Safe Street Alliance Co-Chair, Santa Monica Safe Streets Alliance SaMoSafeStreets.org
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1911 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: nikki hochstein <[email protected]>
Sent: Tuesday, May 13, 2025 11:59 AM
To: councilmtgitems
Subject: Soppier for Development
EXTERNAL
Dear City Council,
I wanted to express my full support to make it easier to develop duplexes and ADUs in Santa Monica. I moved to Santa Monica over 25 years ago and know so many folks who have such a hard time finding housing, especially larger units for families.
Please vote YES to support the new housing ordinance.
Thank you for helping our city,
Nikki
Nikki Hochstein
310-968-1116
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1912 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 2 David Yakobson
From: Elizabeth Van Denburgh <[email protected]>
Sent: Tuesday, May 13, 2025 11:57 AM
To: Ellis Raskin; Lana Negrete; Caroline Torosis; Dan Hall; Jesse Zwick; Natalya Zernitskaya; Barry Snell; councilmtgitems
Subject: City Council Mtg. - 5/13/25 - Item 12A - Nos. 4&5 -- OPPOSE UPZONING and REZONING FROM RESEDENTIAL ZONING OF the R2 LOT (AKA as an A LOT) to Mixed Use Boulevard at north end of 1331 Wilshire
EXTERNAL
Mayor Negrete, Mayor Pro Tem Torosis and Council Members, The ordinance and resolution before you tonight regarding the proposed upzoning/rezoning (from R2, the designation of the residential neighborhood to Mixed Use Boulevard, which is what the Wilshire portion is zoned) at the back portion of the RiteAid Parking lot at 1331 Wilshire is just that, a proposal. There is no record or law that requires it.
The Resolution -1331 Wilshire LUCE Map Amendment 051325 states:
"WHEREAS, the “split designation” has presented issues in potential reuse of the property as commercial uses are generally prohibited in the Low Density Housing designation and presents a constraint on potential redevelopment of the parcel as two incongruous sets of land use regulations and development standards would be applied to the parcel" The Ordinance - 1331Wilshire-Zoning Map Amendment 051325 states:
"WHEREAS, the “split zoning” has presented issues in potential reuse of the property as commercial uses are generally prohibited in the R2 zoning district and 1 presents a constraint on potential redevelopment of the parcel as two incongruous sets of land use regulations and development standards would be applied to the parcel"
The 2010 LUCE focus was and continues to be preservation of the neighborhoods characterized by the following LUCE statements:
• “The highest priority of the community was the preservation of the existing character and scale of Santa Monica’s neighborhoods.” (LUCE-Page 3)
• “The [2010] LUCE is different from the policy direction of the 1984 LUCE: It is a conservation plan that provides for an overall reduction in building height.” (LUCE-Page 5) • Land Use 2.2 -- NEIGHBORHOOD CONSERVATION -- "Renters and homeowners alike advocate for neighborhood conservation so that future generations may enjoy the same benefits and experiences." (LUCE-Page 2.2-3)
In 2015, the A lot scandal was exposed. Parking lots, called A lots and mostly at the back of commercial properties having a zoning designation of residential e.g., R2. They were changed to commercial in the LUCE, without authorization, review or approval. Residents pushed back and demonstrated that the LUCE designation of commercial was inappropriate and must be reverted back to residential.
The resolution at the May 5, 2015 City Council meeting confirmed the residents were correct. It stated:
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1913 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 3 “WHEREAS, the Zoning Ordinance Update process has provided an opportunity to reassess the appropriateness of the land use designation changes that were approved as part of the LUCE; and WHEREAS, staff has compared the LUCE Map with the existing Official Districting Map for all 23,500 parcels in the City, to generate a listing of inconsistent parcels; and WHEREAS, the City has a long history of creating and maintaining buffers between commercial and residential neighborhoods; and WHEREAS, participants in the LUCE adoption process identified neighborhood preservation as the highest priority of the planning process; and WHEREAS, a key goal of the LUCE includes maintaining an appropriate town-scale and balanced growth while encouraging certain types of development; and WHEREAS, this goal focuses on the retention of neighborhood character, development that is well-designed and consistent with the desired neighborhood scale, preservation of older buildings, and adaptive reuse of historic properties; and WHEREAS, it is appropriate that the vast majority of the parcels that were designated commercial be restored to a residential designation since such modification would be consistent with the overarching LUCE policy of preserving and protecting existing neighborhoods against the potential impacts related to development: traffic, noise, air quality, and encroachment of commercial activities; and WHEREAS, by retaining the residential zoning and land use designations, these parcels can redevelop, but the development potential for these parcels will be limited to what the residential districts permit;”
The city had unilaterally upzoned 115 parcels and almost all of them were reverted to residential. 1331 Wilshire was correctly designated Residential and R2, consistent with the LUCE, the LUCE map (below) and the neighborhood it connects to.
I ask that you reject the proposal to upzone/rezone and in essence, spot zone, this change. While the owners of the property may request a zoning change, the LUCE is clear (as can be seen in the 2010 LUCE map below) that 1331 Wilshire has always had a R2 portion, known as an A lot, in its north end and was so designated to protect this R2 Wilmont neighborhood and the Mixed Use Boulevard parcel faces Wilshire. This request is similar in context to the 2644 30th Street upzoning to Neighborhood Commercial from an R1 lot. These A lots were ALWAYS planned to become residential if they were no longer being used as a parking lot. Please keep the residential in our Wilmont neighborhood.
Many thanks,
Elizabeth Van Denburgh
Wilmont Chair
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1914 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 4 2010 LUCE MAP
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1915 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 5 David Yakobson
From: Eve Lopez <[email protected]>
Sent: Tuesday, May 13, 2025 11:51 AM
To: councilmtgitems; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected] Cc: Eve Lopez Esq.
Subject: Opposition to Agenda Items 12 (May 13, 2025) – Overreach, Overdevelopment, and Outbidding of Public Safety
EXTERNAL
Dear Mayor Negrete and Members of the City Council,
I am writing to strongly oppose Agenda Item 12, which bundles a series of proposals that—if adopted—would dramatically reshape Santa Monica in ways that conflict with both the public interest and the City’s own Strategic Priorities.
While these proposals are framed as reforms to increase efficiency or meet state housing mandates, in practice they undermine the very goals the Council has committed to: transparency, equity, sustainability, and meaningful public engagement.
Reduces Public Safety
The City Council has not conducted any comprehensive capacity or evacuation studies to determine whether Santa Monica’s existing infrastructure can safely accommodate the evacuation of residents, workers, and tourists in the event of an inevitable disaster—be it earthquake, wildfire, tsunami or other emergency. A public records request revealed that the employee charged with preparing our Safety Element has no training in emergency planning and preparedness.
Critically, there has been no public analysis of road capacity, emergency ingress and egress routes, or evacuation timeframes under current or proposed development conditions. Before considering any upzoning or significant increases in density, the Council has a fundamental obligation to first assess whether such changes would compromise public safety. Responsible planning demands that health and safety—not developer pressure—guide land use decisions, and any action that could impact emergency response or evacuation viability must be grounded in transparent, data-driven analysis.
Undermines "Affordability & Housing Stability"
The elimination of owner-occupancy requirements for single-family lot splits transforms stable residential neighborhoods into speculative real estate ventures. This policy invites corporate ownership, exacerbates displacement, and threatens housing stability—especially for lower-income homeowners and long-term renters. It doesn’t deliver affordability; it delivers investor-driven turnover.
In Conflict with "Keeping Neighborhoods Safe & Clean" Upzoning at 1331 Wilshire and 2644 30th Street for dense, out-of-scale buildings disregards the cumulative impacts of overdevelopment on infrastructure, traffic safety, and neighborhood livability. These changes, made without adequate environmental review or public input, compromise the safety, walkability, and quality of life in adjacent communities.
Particularly concerning is 2644 30th Street, which just one block north of Santa Monica Airport. This property is within the traffic pattern at Santa Monica Airport and if upzoned, would unequivocally pose an aeronautical hazard. Please see 14 CFR Section 77.17.
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1916 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 6 Contradicts "Climate Action & Sustainability"
SB 79’s forced approval of 15-story buildings near any rail or bus stop, without regard to local planning or environmental impacts, may appear “transit-oriented” but in practice facilitates uncoordinated growth and car-centric spillover. There is no corresponding investment in sustainable infrastructure—just a blanket mandate that ignores local environmental realities and the need for thoughtful climate adaptation. Violates "Transparency and Ethics in Government"
Allowing major commercial developments to be approved administratively—without Council votes or public comment— eliminates democratic oversight. Residents are effectively cut out of decisions that directly impact them.
Compounding this concern is the fact that every current Councilmember has accepted campaign contributions from developers or affiliated PACs. This creates not only the appearance of bias, but also raises serious questions regarding compliance with Fair Political Practices Commission (FPPC) Pay-to-Play restrictions. Inconsistent with "Economic Recovery & Resilience"
The over-concentration of large-scale development without balancing investments in public infrastructure, services, or economic diversity threatens long-term resilience. A truly resilient Santa Monica should prioritize small business stability, public amenities, and livable density—not only high-rise, high-cost developments that benefit a narrow set of interests.
Taken together, these proposals represent a significant step backward for Santa Monica—prioritizing expedience over process, private gain over public good, and development pressure over community vision.
I urge the Council to reject Agenda Items 12 and instead reaffirm its commitment to the City's Strategic Priorities, which call for inclusive planning, public trust, and equitable growth. That means respecting neighborhood character, protecting housing stability, and amplifying—not silencing—the voices of your constituents.
Sincerely,
Eve Lopez
Santa Monica Resident
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1917 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: chuck chuckhusting.com <[email protected]>
Sent: Tuesday, May 13, 2025 11:41 AM
To: councilmtgitems
Subject: City Council Agenda Items 4J - OPPOSE, Item 12A - OPPOSE, Item 10A - OPPOSE, Item4K - OPPOSE
EXTERNAL
I STRONGLY OPPOSE the following measures before the City Council on Tuesday, May 13, 2024:
Agenda Item 4J – Support letter from SM for SB 79 - OPPOSE Agenda Item 12A – End Owner Occupancy Requirement in SB9 - OPPOSE Agenda Item 10A – Promenade Entertainment Zone – OPPOSE Make the parking more economical and more people will go to the promenade. I think the counter car culture that has developed is more of a detraction than the leadershop realizes. Even metered parking, dropped from 90 minutes to 60 minutes on Wilshire. It is very difficult to have a business lunch within 60 minutes. These are important nuances. (the Promenade parking structures were free of charge when initially built. They don’t have to be free, but it has gotten more expensive, and the rates seem to change often. People do not like to be surprised with suddenly high parking rates. Agenda Item 4K – Public Input Rules - OPPOSE
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1918 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: Debra Moini <[email protected]>
Sent: Tuesday, May 13, 2025 11:45 AM
To: councilmtgitems; Lana Negrete; Jesse Zwick; Caroline Torosis; Ellis Raskin; Natalya Zernitskaya; Dan Hall; Barry Snell
Subject: Zoning Change Request for 2644 30th St: PLEASE SUPPORT THE CHANGE
EXTERNAL
Dear Councilmembers,
I am writing regarding the proposed zoning change for 2644 30th Street to ask you to please support the City Staff and Planning Commission recommendation to rezone it back to be used for commercial purposes.
As a resident of Sunset Park and a commercial property owner in Downtown Santa Monica, I feel very strongly that we should be doing EVERYTHING we can to support business in the city, and especially in a case like this where it appears that the zoning change was inadvertent and incorrect. Unfortunately there appears to be a lot of misinformation swirling around the neighborhood groups about this change, and I urge you to please review the merits of the zoning request and make the common sense decision to allow the owner to use the building for its original and intended purpose of commercial use!
Thank you in advance for your consideration.
Best regards,
Debra Moini
2328 27th St.
Santa Monica, CA 90405
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1919 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 2 David Yakobson
From: Brian Tung <[email protected]>
Sent: Tuesday, May 13, 2025 11:48 AM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick
Subject: AGENDA ITEM 12A 5/13/25 - OPPOSE
EXTERNAL
To whom it may concern,
I oppose Agenda Item 12A, which I understand to end the owner occupancy requirement from SB9. --
Brian Tung <[email protected]>
Google Voice +1 310 243 6983
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1920 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: Karen Croner <[email protected]>
Sent: Tuesday, May 13, 2025 11:47 AM
To: councilmtgitems; [email protected]
Subject: 5/13/25 Item 12.A.6-7 -- Upzoning of 30th Street Parcel -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, The residents elected you. You work for us. Why do you constantly defer to the wishes of developers? Stop putting developers over families. What you are attempting here is illegal And that will not look good on your resume as you attempt to ascend in state politics. Why did you pretend to care about residents when you were running? I guess it’s time for Us residents to do a deep dive and follow the money to see what is swaying at you. I hope I am wrong and that you will stand up for the residents here. Otherwise, how can you possibly sleep at night - unless you’re enjoying wide open nature at your Colorado vacation home, or in a bed paid for by developers.
I object to Resolution 25-007 and Resolution 25-008, which change the LUCE and Districting Map for 2644 30th Street, respectively.
If this change is made, the lot, which is entirely on the interior of a residential street and includes a parking lot, could, with the state height density bonuses, allow for an 85 foot building.
This is way too tall for the interior of a residential street! 2644 30th Street is a 2-story office building and parking lot that fronts both 29th and 30th Streets. It is an interior parcel and is NOT located on a boulevard. Nevertheless, staff is trying to upzone this parcel to Neighborhood Commercial. In doing so, staff has failed to engage with the community and analyze the impact of the change on the character of the neighborhood as required by the LUCE. Also of concern are the numerous questionable statements made by staff in order to justify what appears to be illegal spot zoning.
Please oppose this upzoning.
Thank you,
Karen Croner
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1921 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 2 David Yakobson
From: Nathan Bishop <[email protected]>
Sent: Tuesday, May 13, 2025 11:47 AM
To: councilmtgitems; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Barry Snell; Jesse Zwick; Ellis Raskin; Lana Negrete
Subject: Agenda Item 12A
EXTERNAL
Dear Mayor Negrete and City Councilmembers,
I am a local architect facing a slowdown and suspension of projects in the multi-family housing sector. I urge the City Council to take immediate steps to ensure our city actively supports the development of housing to meet the needs of both current and future residents.
Specifically, I request that the Council:
1. Remove the tax on commercial property sales over $8 million.
2. Align the City’s definition of “housing project” with that of State Law and the Housing Accountability Act.
3. Streamline the approval process for all housing projects, regardless of the size of the project site.
4. Eliminate the one-acre limit for projects to qualify for Administrative Approval.
We have already seen multiple housing projects canceled or delayed as a direct result of the $8 million tax threshold. These barriers are contributing to the standstill in housing production. I urge the Council to act decisively to remove these obstacles and reinvigorate housing development in our city.
Thank you,
Nathan Bishop, AIA
Director, AIA LA Board
Design Principal, KoningEizenberg
www.kearch.com
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1922 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 3 David Yakobson
From: Karen Croner <[email protected]>
Sent: Tuesday, May 13, 2025 11:43 AM
To: councilmtgitems; [email protected]
Subject: 5/13/25 Item 12.A.2 -- Elimination of parcel size threshold -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, We elected you. You work for the residents. There are no kings or queens in Santa Monica. You do not have the legal or constitutional right to ignore our voices.
To show such disdain for the residents only shows that the voices you care most about are the developers. Kind of like Trump in Quatar today. Show us you are different. You are acting like Stephen Miller who wants to do away with habeas corpus. Show us you care about the rights of residents.
I object to the proposed amendment to the text of the City’s Zoning Ordinance to eliminate parcel size threshold for streamlined review of housing projects.
This change would allow all “housing projects” (as defined by California’s Housing Accountability Act) proposed in all nonresidential zones except the Bergamot Area Plan to be processed through an Administrative Approval process regardless of the size of the parcel upon which the housing project is located. This could mean parcels as big as the entire Business Park area, or even the Santa Monica Airport! This is a far-reaching, adverse change to our zoning. We cannot leave so much of the development of our city purely to staff discretion. The public must be able to weigh in on huge projects before they are approved -- it's the democratic way to do things!
Thank you,
[YOUR NAME HERE]
Karen Croner
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1923 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 4 David Yakobson
From: G.McK <[email protected]>
Sent: Tuesday, May 13, 2025 11:41 AM
To: councilmtgitems; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick
Subject: NO on Agenda Item 12A Protect Our Neighborhood and Public Voice
EXTERNAL
Dear Mayor and City Councilmembers,
I am writing as a concerned Santa Monica resident to respectfully urge you to vote NO on all five proposals included in Agenda Item 12A 5/13/2025. These proposals would have a lasting and detrimental impact on the character, safety, and livability of our community.
Here’s why I strongly oppose Agenda Item 12A:
1. SB 79 – Overdevelopment Without Oversight Allowing apartment and condo towers up to 15 stories tall within a 1⁄2 mile of any transit stop, including an ever-growing number of bus stops, would invite unchecked overdevelopment, congestion and safety issues. This bill prioritizes developers over residents and undermines local control.
2. Eliminating the Owner-Occupancy Requirement for Lot Splits This change would accelerate speculative real estate activity in single-family neighborhoods, eroding community stability and transforming residential areas into zones apartment zones.
3. Removing Public Input on Commercial Development
Removing the requirement for council votes and public comment on commercial projects would silence the voices of residents and remove critical transparency from the development process.
Decisions that impact the future of our city should never be made behind closed doors.
4. Upzoning 1331 Wilshire and 2644 30th Street These proposals set a dangerous precedent for out-ofscale development in sensitive areas. Upzoning without community input disregards the values and concerns of surrounding residents.
5. Reducing Public Speaking Time at Council Meetings Limiting residents’ ability to speak and removing time donations further diminishes public participation in our democracy. Santa Monica deserves more transparency and engagement, not less.
6. It is deeply troubling that every member of this City Council has accepted campaign contributions from developers and affiliated political action committees. This represents a serious conflict of interest and may constitute a violation of the Fair Political Practices Commission’s (FPPC) Pay-to-Play restrictions. Furthermore, the lack of transparency in how these proposals are being advanced raises legitimate concerns about potential Brown Act violations. Santa Monica residents will not stand by! We will demand full accountability and ensure these matters are thoroughly investigated by the appropriate oversight authorities.
Each of these proposals benefits large developers, not the everyday residents who live, work, and raise families in Santa Monica. We are facing serious challenges in public safety, infrastructure, and affordability handing over our city to speculative interests will only worsen these problems.
Please stand with the residents of Santa Monica for a change, not developers and special interests. Vote NO on Agenda Item 12A.
Sincerely,
Gordon McKee
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1924 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 5 David Yakobson
From: Karen Croner <[email protected]>
Sent: Tuesday, May 13, 2025 11:39 AM
To: councilmtgitems; [email protected]
Subject: 5/13/25 Item 12.A.2 -- Elimination of owner-occupancy requirement -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, Why are you listening to developers instead of residents? Seriously. Why? Our city is 80% apartments with 2 pockets of single family homes. What do you have against Single family homes. I know several of you have beautiful second homes in nature, for instance, Colorado - and so don’t really care about living in SM full time. Jesse Zwick, it is particularly hypocritical of you to want to tear down homes in Sunset Park. You were wrong about Fairview library and you are wrong about this.
I hope you have the ability to admit you are wrong.
I object to the proposed amendment that eliminates an owner-occupancy requirement pertaining to ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential.
Adopting this ordinance will lead to the destruction of family neighborhoods in favor of profit-driven development of market-rate units.
The Planning Commission who reviewed this recommended against adopting it.
Current state law expressly requires owner-occupancy for 3 years from the date of the approval of a lot split.
Removing the owner-occupancy provision – as well as all limitations to demolition – will open all single-family residential properties to speculative purchase by developers.
In fact, according to a Public Records Act request to the City, this elimination of the Owner Occupancy Requirement was recommended by a single corporate representative who is associated with two different SB9 developments in Santa Monica, who stands to rake in millions off his projects. Who is City Council serving if it gives our city away to this request?
I urge you to retain an owner-occupancy requirement that is consistent with current state law and is crucial to the integrity of our neighborhoods.
Thank you,
Karen Croner
Karen Croner
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1925 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: gail gordon <[email protected]>
Sent: Tuesday, May 13, 2025 11:20 AM
To: councilmtgitems
Cc: Gail Gordon
Subject: Comments on Agenda Items May13, 2025
EXTERNAL
My name is Gail Gordon I was born in Santa Monica in 1951. My grandfather moved to Santa Monica in 1930. Where he established a Real Estate office and a butcher shop on 18th and Broadway Since 1960’s, Our family has owned and currently owns residential and commercial buildings in Santa Monica. In 1985 I purchased my first home in Santa Monica where I currently Live. My son went though Santa Monica school system. In 1994 I began teaching at SMC and retired in 2017. My family and I have always prided ourselves in living and working in a community we love and respect. I give back as much as I can.
But now the community wishes to deprive me of basically my old age by building me out of my neighborhood. How many of you live in Sunset Park or have even spoken to its residents. How many of you care about the people who are 65 and older, who may not be able to share their homes with their children. Or have the strength to move. We will be forced to live in an uncomfortable congested area with high toxicity due to the increased traffic and exhaust fumes. Has infrastructure even been appraised as well as Water, Electricity?
THE AGENDA ITEMS
Generational Wealth has been one of the few things that allows families to be able to raise themselves out of lowerclass status to middle class. As there are fewer remedies which still allows families this option.
The items in specific Items opposed are:
#J 4. SB79 is a destructive housing bill that is still in committee in Sacramento. It would obliterate Sunset Park by allowing 5-7 story multi-unit apartment buildings throughout our R1 and R2 neighborhood, by creating zoning according to– bus stop proximity-All local zoning would essentially be overridden, and these tall buildings will over shadow. #12 A2 Elimination of Owner- occupancy requirement-opens up Sunset Park to a developers heaven. #12 A6. Amend Districting -Changing the zoning (upzoning) of 30th Street/Ocean Park parcel will change a true residential neighborhood into a commercially zoned area with the potential of buildings at 86 ft high. Our kids will not be able to safely ride their bikes or play in their neighborhoods.
“Consistent designation.” A written way around degrading a residential neighborhood.
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1926 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: kent Strumpell <[email protected]>
Sent: Tuesday, May 13, 2025 11:27 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: Item 12.A: Reasonable, needed planning reforms
EXTERNAL
Dear Councilmembers,
I want to point out that the reforms suggested in this item are respectful of existing neighborhood context and will not result in out-of-scale projects but rather will enable much-needed housing creation in a thoughtful, carefully modulated and compatible way.
So I support item 12.A updating zoning ordinance and city code. I echo the views of Santa Monica Forward, shared below.
Respectfully,
Kent Strumpell
1211 Michigan Ave.
Santa Monica
--------------
Enhancing the production of housing across Santa Monica is an urgent priority, and the city should move to facilitate administrative approvals for all sites, greater production of ADUs, and the creation of duplexes and quad-plexes via lot splits. Further, council should direct adjustments to staff proposals on ADUs, zoning density alignment, and ARB procedure as described in the following paragraphs.
Administrative Approval: Current timelines to approve new developments are taking too long, and blocking the creation of housing which the city desperately needs. Council should approve the change in ordinance to allow parcels over 1 acre in size to use administrative approval. Further, council should seek ways to streamline and reduce the time to permitting.
ADUs: Council should support changes to ADU minimum and maximum size limits, as well as the increase in number of permitted ADUs & JADUs on existing multifamily parcels. Further, council should eliminate the limitation that no more ADUs are created than existing units on a parcel, which inhibits the improvement of existing duplexes and triplexes in a way that encourages their preservation as rent controlled housing. Council should also eliminate owner-occupancy requirements for JADUs in order to enable their creation.
Lot Splits & Duplexes: The elimination of owner-occupancy requirements and limitations on redevelopment of vacant parcels will help to increase housing in high opportunity neighborhoods, and Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1927 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 2 council must vote to pass it. Council should also support increases to FAR and reductions in constraints to facilitate new projects, as recommended by Staff.
LUCE and Zoning Density Alignment: The implementation of density limits is an antiquated approach to zoning which reinforces segregation by encouraging fewer, larger units that are not affordable to middle and lower income residents. Santa Monica should use this opportunity to improve the way it zones by moving to form-based zoning centering on FAR, height, and setbacks. Form-based zoning focuses on making sure that new buildings are compatible with their surroundings, rather than restricting the number of residents who can make Santa Monica their home. As staff notes, the proposed density requirements will continue to lock our residential neighborhoods in amber, entirely blocking new housing production.
Adjustment to Section 9.55.120 on the Architectural Review Board: Council should reject this adjustment to ordinance, and clarify instead that the scheduling of a review by the ARB counts towards the meeting limit, and reduce the meeting limit to 2 from 3. As Staff demonstrates in the Administrative Approval Timelines analysis, ARB approval is a significant drag on the permitting of new housing. Council should aim to reduce timelines for ARB approval, not extend them by allowing the ARB to delay timelines by not discussing items.
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1928 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 3 David Yakobson
From: Scott Epstein <[email protected]>
Sent: Tuesday, May 13, 2025 11:26 AM
To: councilmtgitems
Cc: Azeen Khanmalek; Jake Pierce; Barry Snell; Caroline Torosis; Dan Hall; Ellis Raskin; Jesse Zwick; Lana Negrete; Natalya Zernitskaya
Subject: Support for Item 12.A
Attachments: Santa Monica - 05-13-25 Agenda Item 12.A - Support.pdf
EXTERNAL
Dear Santa Monica City Council Members:
Please find attached a letter in support of Item 12.A on today's council agenda.
Best,
Scott Epstein
(He/Him)
Policy and Research Director, Abundant Housing LA
516-721-6056
453 Spring Street, Suite 1201
Los Angeles, CA, 90013
We request that candidates do not send us confidential campaign strategy information, including polling data or other information that is not publicly available.
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1929 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) May 13, 2025
Subject: 5/13/25 Agenda Item 12.A: Support
Dear Santa Monica City Council Members,
We are writing today in support of the housing package being heard under agenda item
12.A. Enhancing the production of housing across Santa Monica is an urgent priority, and the city should move to facilitate administrative approvals for all sites, greater production of ADUs, and the creation of duplexes and quad-plexes via lot splits. Further, council should direct adjustments to staff proposals on ADUs, zoning density alignment, and ARB procedure as described in the following paragraphs. ● Administrative Approval: Current timelines to approve new developments are taking too long, and blocking the creation of housing which the city desperately needs. Council should approve the change to allow parcels over 1 acre in size to use administrative approval. Further, council should seek ways to streamline and reduce the time to permitting.
● ADUs: Council should support changes to ADU minimum and maximum size limits, as well as the increase in number of permitted ADUs and JADUs on existing multifamily parcels. Further, council should eliminate the limitation that no more ADUs are created than existing units on a parcel, which inhibits the improvement of existing duplexes and triplexes in a way that encourages their preservation as rent controlled housing. Council should also eliminate owner-occupancy requirements for JADUs in order to enable their creation. ● Lot Splits & Duplexes: The elimination of owner-occupancy requirements and limitations on redevelopment of vacant parcels will help to increase housing in high opportunity neighborhoods, and council must vote to pass it. Council should also support increases to FAR and reductions in constraints to facilitate new projects, as recommended by Staff.
● LUCE and Zoning Density Alignment: The implementation of density limits is an antiquated approach to zoning which reinforces segregation by encouraging fewer, larger units that are not affordable to middle and lower income residents.
Santa Monica should use this opportunity to improve the way it zones by moving Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1930 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) to form-based zoning centering on height and pedestrian-oriented design.
Form-based zoning focuses on making sure that new buildings are compatible with their surroundings, rather than restricting the number of residents who can make Santa Monica their home. As staff notes, the proposed density requirements will continue to lock our residential neighborhoods in amber, entirely blocking new housing production.
● Adjustment to Section 9.55.120 on the Architectural Review Board (ARB):
Council should reject this adjustment, and clarify instead that the scheduling of a review by the ARB counts towards the meeting limit, and reduce the meeting limit to 2 from 3. As Staff demonstrates in the Administrative Approval Timelines analysis, ARB approval is a significant drag on the permitting of new housing.
Council should aim to reduce timelines for ARB approval, not extend them by allowing the ARB to delay timelines by not discussing items.
Thank you for your leadership in moving forward this substantial package which would streamline housing production and facilitate the construction of new badly needed missing middle housing types. We urge you to pass the package with adjustments as outlined above.
Sincerely,
Scott Epstein, Policy and Research Director
Abundant Housing LA
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1931 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 4 David Yakobson
From: nancy hall <[email protected]>
Sent: Tuesday, May 13, 2025 11:23 AM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected]
Subject: 5/13/25 Item 12.A.6-7 -- Upzoning of 30th Street Parcel -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to Resolution 25-007 and Resolution 25-008, which change the LUCE and Districting Map for 2644 30th Street, respectively.
If this change is made, the lot, which is entirely on the interior of a residential street and includes a parking lot, could, with the state height density bonuses, allow for an 85 foot building. This is way too tall for the interior of a residential street! 2644 30th Street is a 2-story office building and parking lot that fronts both 29th and 30th Streets. It is an interior parcel and is NOT located on a boulevard.
Nevertheless, staff is trying to upzone this parcel to Neighborhood Commercial. In doing so, staff has failed to engage with the community and analyze the impact of the change on the character of the neighborhood as required by the LUCE.
Also of concern are the numerous questionable statements made by staff in order to justify what appears to be illegal spot zoning.
Please oppose this upzoning.
Thank you
Nancy Hall
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1932 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 5 David Yakobson
From: nancy hall <[email protected]>
Sent: Tuesday, May 13, 2025 11:21 AM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected]
Subject: 5/13/25 Item 12.A.2 -- Elimination of parcel size threshold -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment to the text of the City’s Zoning Ordinance to eliminate parcel size threshold for streamlined review of housing projects. This change would allow all “housing projects” (as defined by California’s Housing Accountability Act) proposed in all nonresidential zones except the Bergamot Area Plan to be processed through an Administrative Approval process regardless of the size of the parcel upon which the housing project is located.
This could mean parcels as big as the entire Business Park area, or even the Santa Monica Airport! This is a far-reaching, adverse change to our zoning. We cannot leave so much of the development of our city purely to staff discretion.
The public must be able to weigh in on huge projects before they are approved -- it's the democratic way to do things! Thank you,
Nancy Hall
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1933 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 6 David Yakobson
From: [email protected]
Sent: Tuesday, May 13, 2025 11:19 AM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected]
Subject: 5/13/25 Item 12.A.2 -- Elimination of owner-occupancy requirement -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment that eliminates an owner-occupancy requirement pertaining to ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential.
Adopting this ordinance will lead to the destruction of family neighborhoods in favor of profit-driven development of market-rate units.
The Planning Commission who reviewed this recommended against adopting it. Current state law expressly requires owner-occupancy for 3 years from the date of the approval of a lot split. Removing the owner-occupancy provision – as well as all limitations to demolition – will open all single-family residential properties to speculative purchase by developers.
In fact, according to a Public Records Act request to the City, this elimination of the Owner Occupancy Requirement was recommended by a single corporate representative who is associated with two different SB9 developments in Santa Monica, who stands to rake in millions off his projects.
Who is City Council serving if it gives our city away to this request? I urge you to retain an owner-occupancy requirement that is consistent with current state law and is crucial to the integrity of our neighborhoods.
Thank you
Nancy Hall
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1934 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 7 David Yakobson
From: [email protected]
Sent: Tuesday, May 13, 2025 11:14 AM
To: councilmtgitems
Cc: Lana Negrete; Ellis Raskin; Barry Snell; Dan Hall; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick
Subject: SAVE OUR R1 LOTS FROM DEVELOPERS-Item 12
EXTERNAL
Dear Mayor Negrete, Council Members,
My name is Gail Denney, and I strongly oppose the proposed amendment to eliminate the owneroccupancy requirement for ministerial approval of duplexes and lot splits in single-family zones.
This change would open the door to speculative developers, destroying our beautiful neighborhoods in favor of profit-driven, market-rate construction.
The Planning Commission reviewed this and recommended against it. State law clearly requires a three-year owner-occupancy commitment after a lot split—this is not an arbitrary rule; it's essential to protecting communities from unchecked speculation.
Through a Public Records Act request, we’ve learned that this push to remove the owner-occupancy requirement came from just one developer involved in two SB 9 projects here in Santa Monica—they stand to make millions!!
Why would the City make a major policy change to benefit a single developer at the expense of residents?
Please retain the owner-occupancy requirement, in line with state law, and stand with Santa Monica families—not speculators.
SB 9 is working do not mess with it!
Thank you.
Gail Denney
Santa Monica Resident
Gail Denney
Consultant - Retail/Strategic Sales
[email protected]
310 621 7486
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1935 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: Josephine Wallace <[email protected]>
Sent: Tuesday, May 13, 2025 11:00 AM
To: councilmtgitems
Subject: 5/13/25 Item 12.A.2 -- Elimination of owner-occupancy requirement -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment that eliminates an owner-occupancy requirement pertaining to ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential.
Adopting this ordinance will lead to the destruction of family neighborhoods in favor of profit-driven development of market-rate units.
The Planning Commission who reviewed this recommended against adopting it.
Current state law expressly requires owner-occupancy for 3 years from the date of the approval of a lot split.
Removing the owner-occupancy provision – as well as all limitations to demolition – will open all single-family residential properties to speculative purchase by developers.
In fact, according to a Public Records Act request to the City, this elimination of the Owner Occupancy Requirement was recommended by a single corporate representative who is associated with two different SB9 developments in Santa Monica, who stands to rake in millions off his projects. Who is City Council serving if it gives our city away to this request?
I urge you to retain an owner-occupancy requirement that is consistent with current state law and is crucial to the integrity of our neighborhoods.
Thank you,
Josephine Wallace
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1936 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: Phil <[email protected]>
Sent: Tuesday, May 13, 2025 10:41 AM
To: councilmtgitems; Ellis Raskin; Dan Hall; Lana Negrete; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected] Subject: Please Vote NO on Agenda Item 12A Protect Our Neighborhood and Public Voice Follow Up Flag: Follow up
Flag Status: Flagged
EXTERNAL
Dear Mayor and City Councilmembers,
I am writing as a concerned Santa Monica resident of 35 years to respectfully urge you to vote NO on all five proposals included in Agenda Item 12A 5/13/2025. These proposals would have a lasting and detrimental impact on the character, safety, and livability of our community.
Here’s why I strongly oppose Agenda Item 12A:
1. SB 79 – Overdevelopment Without Oversight
Allowing apartment and condo towers up to 15 stories tall within a 1⁄2 mile of any transit stop, including an ever-growing number of bus stops, would invite unchecked overdevelopment, congestion and safety issues. This bill prioritizes developers over residents and undermines local control.
2. Eliminating the Owner-Occupancy Requirement for Lot Splits This change would accelerate speculative real estate activity in single-family neighborhoods, eroding community stability and transforming residential areas into zones apartment zones.
3. Removing Public Input on Commercial Development
Removing the requirement for council votes and public comment on commercial projects would silence the voices of residents and remove critical transparency from the development process. Decisions that impact the future of our city should never be made behind closed doors.
4. Upzoning 1331 Wilshire and 2644 30th Street
These proposals set a dangerous precedent for out-of-scale development in sensitive areas. Upzoning without community input disregards the values and concerns of surrounding residents.
5. Reducing Public Speaking Time at Council Meetings
Limiting residents’ ability to speak and removing time donations further diminishes public participation in our democracy. Santa Monica deserves more transparency and engagement, not less.
6. It is deeply troubling that every member of this City Council has accepted campaign contributions from developers and affiliated political action committees. This represents a serious conflict of interest and may constitute a violation of the Fair Political Practices Commission’s (FPPC) Pay-to-Play restrictions. Furthermore, the lack of transparency in how these proposals are being advanced raises legitimate concerns about potential Brown Act violations.
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1937 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 2 Santa Monica residents will not stand by! We will demand full accountability and ensure these matters are thoroughly investigated by the appropriate oversight authorities.
Each of these proposals benefits large developers, not the everyday residents, like myself, who live, work, and raise families in Santa Monica. We are facing serious challenges in public safety, infrastructure, and affordability by handing over our city to speculative interests will only worsen these problems.
Please stand with the residents of Santa Monica, not special interests. Vote NO on Agenda Item 2A.
Sincerely,
Philip Cass
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
Phil Cass
Actor/Photographer
https://www.imdb.com/name/nm0143920/?ref_=nv_sr_2
www.PhilCassPhotography.com
(310) 804-9843
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1938 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: MarieHernandez <[email protected]>
Sent: Tuesday, May 13, 2025 10:31 AM
To: councilmtgitems; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick
Subject: Meeting 5.13.24 Vote NO on Agenda Item 12A & 4K Protect Our Neighborhood and Public Voice
EXTERNAL
Dear Mayor and City Councilmembers,
I am writing as a concerned Santa Monica resident to respectfully urge you to vote NO on all five proposals included in Agenda Item 12A 5/13/2025. These proposals would have a lasting and detrimental impact on the character, safety, and livability of our community.
Here’s why I strongly oppose Agenda Item 12A:
1. SB 79 – Overdevelopment Without Oversight
Allowing apartment and condo towers up to 15 stories tall within a 1Ú2 mile of any transit stop, including an ever-growing number of bus stops, would invite unchecked overdevelopment, congestion and safety issues. This bill prioritizes developers over residents and undermines local control.
2. Eliminating the Owner-Occupancy Requirement for Lot Splits This change would accelerate speculative real estate activity in single-family neighborhoods, eroding community stability and transforming residential areas into zones apartment zones.
3. Removing Public Input on Commercial Development
Removing the requirement for council votes and public comment on commercial projects would silence the voices of residents and remove critical transparency from the development process. Decisions that impact the future of our city should never be made behind closed doors.
4. Upzoning 1331 Wilshire and 2644 30th Street
These proposals set a dangerous precedent for out-of-scale development in sensitive areas.
Upzoning without community input disregards the values and concerns of surrounding residents. This intersection is already congested and will have 2 corners of up zoned development that will further congest and create a traffic nightmare on this crucial artery. STOP making this city unlivable!
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1939 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 2 5. Reducing Public Speaking Time at Council Meetings
Limiting residents’ ability to speak and removing time donations further diminishes public participation in our democracy. Santa Monica deserves more transparency and engagement, not less.
6. It is deeply troubling that every member of this City Council has accepted campaign contributions from developers and affiliated political action committees. This represents a serious conflict of interest and may constitute a violation of the Fair Political Practices Commission’s (FPPC) Pay-to-Play restrictions. Furthermore, the lack of transparency in how these proposals are being advanced raises legitimate concerns about potential Brown Act violations. Santa Monica residents will not stand by! We will demand full accountability and ensure these matters are thoroughly investigated by the appropriate oversight authorities.
Each of these proposals benefits large developers, not the everyday residents who live, work, and raise families in Santa Monica. We are facing serious challenges in public safety, infrastructure, and affordability handing over our city to speculative interests will only worsen these problems.
Please stand with the residents of Santa Monica, not special interests. Vote NO on Agenda Item 12A.
Sincerely,
Marie Hernandez
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1940 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: Kenneth Kirschbaum <[email protected]>
Sent: Tuesday, May 13, 2025 9:30 AM
To: councilmtgitems
Subject: Opposing Upzoning of 2644 30th Street
EXTERNAL
As a lifelong resident in Sunset park I strongly oppose any up zoning of 2644 30th Street. There is no place in my residential neighborhood for any commercial development of the proposed size on the street I live on.
To disrupt our daily lives for years to come, with increased noise, congestion, traffic and pollution would be a total betrayal to the residents who live in our neighborhood.
Please do not approve this proposal.
Thank you
Kenneth Kirschbaum
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1941 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 2 David Yakobson
From: Mitch Dorf <[email protected]>
Sent: Tuesday, May 13, 2025 9:26 AM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected]
Subject: Oppose Apartment Development Along Ocean Park
EXTERNAL
Dear Mayor Negrete, Mayor pro-tear, Torosis and City Council Members, I am a resident who has lived on 32nd Street between Pearl and Ocean Park since 1998. It has come to my attention that you are deciding on whether to change zoning in my neighborhood to allow “High Rise” apartments along Ocean Park. I strongly object to any such action and ask that you adopt an approach to keep Santa Monica more in line with Manhattan Beach, CA rather than continue to destroy or “Beach Community” ideal and change our city into Manhattan, New York.
Thank you,
Mitch Dorf
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1942 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: Suzanne Hunt <[email protected]>
Sent: Tuesday, May 13, 2025 9:36 AM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick
Subject: OPPOSE 4J, OPPOSE 4K, OPPOSE 10A, OPPOSE 12A
EXTERNAL
Dear City Council,
I am resident of the Northeast Neighborhood. Please stop the overbuilding, we cannot get from point A to point B in this city any more in any reasonable time frame. Since the fires, all of the PCH traffic is diverted through our town that used to go north through PCH. This city is becoming unlivable. We have small children, and just getting them home from school can take 20-30 minutes. They have practices in our city, that takes 45 minutes round trip just to cross through the city.
Focus on our residents. Stop putting these builders profits ahead of all of those who live here.
OPPOSE 4J
Stop the overbuilding. We do not need to weigh in on this bill. Leave our city alone, you are ruining it.
OPPOSE 4K -
The public deserves to have a voice in their city.
OPPOSE 10A - Promenade Entertainment Zone.
If you stopped the free needle exchange program, many of these businesses problems would be solved. People are afraid to dine in our city with the mental health crisis that we have with many of our homeless. Help get the homeless to somewhere they can be safe and live.
OPPOSE 12A - End Owner Occupancy Requirement
STOP THE OVERBUILDING. ENOUGH IS ENOUGH.
Thank you
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1943 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 2 Suzanne
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1944 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 3 David Yakobson
From: Daniel Galamba <[email protected]>
Sent: Tuesday, May 13, 2025 9:12 AM
To: councilmtgitems; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; Daniel Galamba
Subject: City Council Meeting on May 13, 2025: Please oppose items 4J, 12A, 10A and 4K
EXTERNAL
Dear City Council,
I must urge you to oppose items 4J, 12A, 10A and 4K on the May 13, 2025 calendar. 1) Agenda Item 4J – Support letter from SM for SB 79 - OPPOSE SB79 would allow 7-story market rate apartment towers in almost all of Santa Monica without offering any affordable housing.
2) Agenda Item 12A – End Owner Occupancy Requirement in SB9 - OPPOSE The owner occupancy requirement in SB9 was meant to encourage multi-generational housing. Removing it will open up neighborhoods to land speculators.
3) Agenda Item 10A – Promenade Entertainment Zone – OPPOSE This ordinance would allow open alcohol consumption on The Promenade in the 1200 block (Wilshire end) from 8am to 2am, 7 days a week. How will this do anything other than increase noise, public drunkenness, and mayhem, costing taxpayers more money for security and sanitation? This will also scare away non-alcohol users to the Promenade and we need these people to revitalize the Promenade. 4) Agenda Item 4K – Public Input Rules - OPPOSE
This Agenda Item seeks to limit comments from the public to 2 minutes per public input section, rather than 2 minutes on each agenda item. It will automatically reduce public comment to 1 minute each if 25 or more people sign up to speak. It also eliminates the ability to donate time to a single speaker, which is helpful when there is someone who best represents a group and has a more complicated presentation that requires more than 2 minutes.
Thank you.
Sincerely,
Dr Daniel Galamba
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1945 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: Laura M. Gallant <[email protected]>
Sent: Tuesday, May 13, 2025 9:36 AM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected]
Subject: Regarding upcoming votes on development issues
EXTERNAL
Dear council members,
I understand you are considering the following items in an upcoming meeting:
* Removing Owner Occupancy Requirement for single-family lot splits * Eliminating public input on commercial development
* Upzoning of 2644 30th St (30th/Ocean Park Blvd)
* Approving SB79
* Changing the length of public input at Council meetings I am strongly opposed to the actions above and ask you to take the residents' opinions into consideration ahead of your vote. These actions run highly counter to the views of residents of Sunset Park and require meaningful discussion ahead of any changes.
Thank you for your consideration.
Laura Gallant
Resident
2225 26th St, Santa Monica
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1946 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: Joy Moini <[email protected]>
Sent: Tuesday, May 13, 2025 9:58 AM
To: councilmtgitems; Lana Negrete; Jesse Zwick; Caroline Torosis; Ellis Raskin; Natalya Zernitskaya; Dan Hall; Barry Snell
Subject: Zoning Change Request for 2644 30th St: PLEASE SUPPORT THE CHANGE
EXTERNAL
Dear Councilmembers,
I am writing regarding the proposed zoning change for 2644 30th Street to ask you to please support the City Staff and Planning Commission recommendation to rezone it back to be used for commercial purposes.
As a resident of Sunset Park and a commercial property owner in Downtown Santa Monica, I feel very strongly that we should be doing EVERYTHING we can to support business in the city, and especially in a case like this where it appears that the zoning change was inadvertent and incorrect. Unfortunately there appears to be a lot of misinformation swirling around the neighborhood groups about this change, and I urge you to please review the merits of the zoning request and make the common sense decision to allow the owner to use the building for its original and intended purpose of commercial use!
Thank you in advance for your consideration.
Best regards,
Joy Moini
2328 27th St.
Santa Monica, CA 90405
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1947 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: T GROSSMAN <[email protected]>
Sent: Tuesday, May 13, 2025 10:19 AM
To: councilmtgitems; Council Mailbox; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick
Cc: [email protected]; zinajosephs; [email protected] Subject: Say no! Re council agenda items for May 13
EXTERNAL
Hello, I'm writing to voice my strong opposition to the following items on your agenda tonight and asking you to vote no to:
Owner Occupancy Requirement Removal
Elimination of public input on commercial development
Changing the length of public input and abolishing time donation at Council Mtgs Changing zoning (upzoning) of 30th Street/Ocean Park parcel SB78 housing bill
There is a public perception the council is encouraging the destruction of our neighborhoods in favor of overdevelopment. What will you do to demonstrate your support of our neighborhoods, residents and livable communities? Say no to the five items listed above.
District elections are coming and for some of us, not soon enough. Residents will still be here, fighting for our environment and the communities that make Santa Monica vibrant and a place to truly call home.
Thank you,
Tina Grossman
Resident of Sunset Park since 1992
Resident of Santa Monica since 1979
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1948 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 1 David Yakobson
From: Mary Gwynn <[email protected]>
Sent: Tuesday, May 13, 2025 10:26 AM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick
Subject: 5/13/25 Item 12.A.2 -- Elimination of owner-occupancy requirement -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment that eliminates an owner-occupancy requirement pertaining to ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential.
Adopting this ordinance will lead to the destruction of family neighborhoods in favor of profit-driven development of market-rate units.
The Planning Commission who reviewed this recommended against adopting it.
Current state law expressly requires owner-occupancy for 3 years from the date of the approval of a lot split.
Removing the owner-occupancy provision – as well as all limitations to demolition – will open all single-family residential properties to speculative purchase by developers.
In fact, according to a Public Records Act request to the City, this elimination of the Owner Occupancy Requirement was recommended by a single corporate representative who is associated with two different SB9 developments in Santa Monica, who stands to rake in millions off his projects. Who is City Council serving if it gives our city away to this request?
I urge you to retain an owner-occupancy requirement that is consistent with current state law and is crucial to the integrity of our neighborhoods.
Thank you,
Mary Gwynn
319 25th Street
Santa Monica, CA 90402
Sent from my iPad
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1949 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 2 David Yakobson
From: Luke Cain <[email protected]>
Sent: Tuesday, May 13, 2025 10:26 AM
To: councilmtgitems; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected] Subject: Please Vote NO on Agenda Item 12A Protect Our Neighborhood and Public Voice
EXTERNAL
Dear Mayor and City Councilmembers,
I am writing as a concerned Santa Monica resident to respectfully urge you to vote NO on all five.
Proposals included in Agenda Item 12A 5/13/2025. These proposals would have a lasting and detrimental impact on the character, safety, and livability of our community.
Here’s why I strongly oppose Agenda Item 12A:
1. SB 79 – Overdevelopment Without Oversight
Allowing apartment and condo towers up to 15 stories tall within a 1Ú2 mile of any transit stop, including an ever-growing number of bus stops, would invite unchecked overdevelopment, congestion and safety issues. This bill prioritizes developers over residents and undermines local control.
2. Eliminating the Owner-Occupancy Requirement for Lot Splits This change would accelerate speculative real estate activity in single-family neighborhoods, eroding community stability and transforming residential areas into apartment zones.
3. Removing Public Input on Commercial Development
Removing the requirement for council votes and public comment on commercial projects would silence the voices of residents and remove critical transparency from the development process. Decisions that impact the future of our city should never be made behind closed doors.
4. Upzoning 1331 Wilshire and 2644 30th Street
These proposals set a dangerous precedent for out-of-scale development in sensitive areas.
Upzoning without community input disregards the values and concerns of surrounding residents.
5. Reducing Public Speaking Time at Council Meetings
Limiting residents’ ability to speak and removing time donations further diminishes public participation in our democracy. Santa Monica deserves more transparency and engagement, not less.
6. It is deeply troubling that every member of this City Council has accepted campaign contributions from developers and affiliated political action committees. This represents a serious conflict of interest and may constitute a violation of the Fair Political Practices Commission’s (FPPC) Pay-to-Play restrictions. Furthermore, the lack of transparency in how Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1950 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 3 these proposals are being advanced raises legitimate concerns about potential Brown Act violations. Santa Monica residents will not stand by! We will demand full accountability and ensure these matters are thoroughly investigated by the appropriate oversight authorities.
Each of these proposals benefits large developers, not the everyday residents who live, work, and raise families in Santa Monica. We are facing serious challenges in public safety, infrastructure, and affordability, handing over our city to speculative interests will only worsen these problems.
Please stand with the residents of Santa Monica, not special interests. Vote NO on Agenda Item 12A.
Sincerely,
Luke Cain
Resident of Santa Monica
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1951 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 4 David Yakobson
From: Abby Adams <[email protected]>
Sent: Tuesday, May 13, 2025 10:12 AM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Caroline Torosis; Ellis Raskin; Natalya Zernitskaya; Barry Snell; Jesse Zwick
Subject: 5/13/25 Item 12.A.6-7 -- Upzoning of 30th Street Parcel -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to Resolution 25-007 and Resolution 25-008, which change the LUCE and Districting Map for 2644 30th Street, respectively.
If this change is made, the lot, which is entirely on the interior of a residential street and includes a parking lot, could, with the state height density bonuses, allow for an 85 foot building.
This is way too tall for the interior of a residential street! 2644 30th Street is a 2-story office building and parking lot that fronts both 29th and 30th Streets. It is an interior parcel and is NOT located on a boulevard. Nevertheless, staff is trying to upzone this parcel to Neighborhood Commercial. In doing so, staff has failed to engage with the community and analyze the impact of the change on the character of the neighborhood as required by the LUCE. Also of concern are the numerous questionable statements made by staff in order to justify what appears to be illegal spot zoning.
Please oppose this upzoning.
Thank you,
Abby and Patrick Adams
475 17th Street
SM. 90402
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1952 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 5 David Yakobson
From: Abby Adams <[email protected]>
Sent: Tuesday, May 13, 2025 10:09 AM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Jesse Zwick; Caroline Torosis; Barry Snell; Natalya Zernitskaya
Subject: 5/13/25 Item 12.A.2 -- Elimination of parcel size threshold -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment to the text of the City’s Zoning Ordinance to eliminate parcel size threshold for streamlined review of housing projects.
This change would allow all “housing projects” (as defined by California’s Housing Accountability Act) proposed in all nonresidential zones except the Bergamot Area Plan to be processed through an Administrative Approval process regardless of the size of the parcel upon which the housing project is located. This could mean parcels as big as the entire Business Park area, or even the Santa Monica Airport! This is a far-reaching, adverse change to our zoning. We cannot leave so much of the development of our city purely to staff discretion. The public must be able to weigh in on huge projects before they are approved -- it's the democratic way to do things!
Thank you,
Abby Adams
475 17th Street
SM. 90402
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1953 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 6 David Yakobson
From: Abby Adams <[email protected]>
Sent: Tuesday, May 13, 2025 10:08 AM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick
Subject: 5/13/25 Item 12.A.2 -- Elimination of owner-occupancy requirement -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment that eliminates an owner-occupancy requirement pertaining to ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential.
Adopting this ordinance will lead to the destruction of family neighborhoods in favor of profit-driven development of market-rate units.
The Planning Commission who reviewed this recommended against adopting it.
Current state law expressly requires owner-occupancy for 3 years from the date of the approval of a lot split.
Removing the owner-occupancy provision – as well as all limitations to demolition – will open all single-family residential properties to speculative purchase by developers.
In fact, according to a Public Records Act request to the City, this elimination of the Owner Occupancy Requirement was recommended by a single corporate representative who is associated with two different SB9 developments in Santa Monica, who stands to rake in millions off his projects. Who is City Council serving if it gives our city away to this request?
I urge you to retain an owner-occupancy requirement that is consistent with current state law and is crucial to the integrity of our neighborhoods.
Thank you,
Abby Adams
475 17th Street
SM. 90402
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1954 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 7 David Yakobson
From: Esther Chung <[email protected]>
Sent: Tuesday, May 13, 2025 10:06 AM
To: councilmtgitems; Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick; [email protected] Subject: Agenda Item 12A
EXTERNAL
Dear Mayor and Council Members,
I am sending this email to respectfully urge all of you to vote "No" on all five proposals in Agenda item 12A. I strongly agree with the following reasons why these five proposals need to be rejected.
1. SB 79 – Overdevelopment Without Oversight
Allowing apartment and condo towers up to 15 stories tall within a 1⁄2 mile of any transit stop, including an ever-growing number of bus stops, would invite unchecked overdevelopment, congestion and safety issues. This bill prioritizes developers over residents and undermines local control.
2. Eliminating the Owner-Occupancy Requirement for Lot Splits This change would accelerate speculative real estate activity in single-family neighborhoods, eroding community stability and transforming residential areas into zones apartment zones.
3. Removing Public Input on Commercial Development
Removing the requirement for council votes and public comment on commercial projects would silence the voices of residents and remove critical transparency from the development process. Decisions that impact the future of our city should never be made behind closed doors.
4. Upzoning 1331 Wilshire and 2644 30th Street
These proposals set a dangerous precedent for out-of-scale development in sensitive areas. Upzoning without community input disregards the values and concerns of surrounding residents.
5. Reducing Public Speaking Time at Council Meetings
Limiting residents’ ability to speak and removing time donations further diminishes public participation in our democracy. Santa Monica deserves more transparency and engagement, not less.
6. It is deeply troubling that every member of this City Council has accepted campaign contributions from developers and affiliated political action committees. This represents a serious conflict of interest and may constitute a violation of the Fair Political Practices Commission’s (FPPC) Pay-to-Play restrictions. Furthermore, the lack of transparency in how these proposals are being advanced raises legitimate concerns about potential Brown Act violations. Santa Monica residents will not stand by! We will demand full accountability and ensure ethese matters are thoroughly investigated by the appropriate oversight authorities.
Each of these proposals benefits large developers, not the everyday residents who live, work, and raise families in Santa Monica. We are facing serious challenges in public safety, infrastructure, and affordability handing over our city to speculative interests will only worsen these problems.
Please stand with the residents of Santa Monica, not special interests. Vote NO on Agenda Item 12A.
Lastly, we are already living in a time when ordinary citizens feel powerless against those with immense power and wealth. However, Santa Monica has long been considered a city where the rights and Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1955 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 8 interests of ordinary people were heard and upheld. Please help preserve Santa Monica's legacy of fairness and protect it from money-driven developers.
Sincerely,
Esther Chung
Resident, 1247 Euclid St.
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1956 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 9 David Yakobson
From: Dustin Shahan <[email protected]>
Sent: Tuesday, May 13, 2025 10:03 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: Support Item 12.A
EXTERNAL
Councilmembers,
I am writing in support of item 12.A updating zoning ordinance and city code. I echo the views of Santa Monica Forward, shared below.
Thank you,
Dustin Shahan
90401
--------------
Enhancing the production of housing across Santa Monica is an urgent priority, and the city should move to facilitate administrative approvals for all sites, greater production of ADUs, and the creation of duplexes and quad-plexes via lot splits. Further, council should direct adjustments to staff proposals on ADUs, zoning density alignment, and ARB procedure as described in the following paragraphs.
Administrative Approval: Current timelines to approve new developments are taking too long, and blocking the creation of housing which the city desperately needs. Council should approve the change in ordinance to allow parcels over 1 acre in size to use administrative approval. Further, council should seek ways to streamline and reduce the time to permitting.
ADUs: Council should support changes to ADU minimum and maximum size limits, as well as the increase in number of permitted ADUs & JADUs on existing multifamily parcels. Further, council should eliminate the limitation that no more ADUs are created than existing units on a parcel, which inhibits the improvement of existing duplexes and triplexes in a way that encourages their preservation as rent controlled housing. Council should also eliminate owner-occupancy requirements for JADUs in order to enable their creation.
Lot Splits & Duplexes: The elimination of owner-occupancy requirements and limitations on redevelopment of vacant parcels will help to increase housing in high opportunity neighborhoods, and council must vote to pass it. Council should also support increases to FAR and reductions in constraints to facilitate new projects, as recommended by Staff.
LUCE and Zoning Density Alignment: The implementation of density limits is an antiquated approach to zoning which reinforces segregation by encouraging fewer, larger units that are not affordable to middle and lower income residents. Santa Monica should use this opportunity to improve the way it zones by Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1957 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 10 moving to form-based zoning centering on FAR, height, and setbacks. Form-based zoning focuses on making sure that new buildings are compatible with their surroundings, rather than restricting the number of residents who can make Santa Monica their home. As staff notes, the proposed density requirements will continue to lock our residential neighborhoods in amber, entirely blocking new housing production.
Adjustment to Section 9.55.120 on the Architectural Review Board: Council should reject this adjustment to ordinance, and clarify instead that the scheduling of a review by the ARB counts towards the meeting limit, and reduce the meeting limit to 2 from 3. As Staff demonstrates in the Administrative Approval Timelines analysis, ARB approval is a significant drag on the permitting of new housing. Council should aim to reduce timelines for ARB approval, not extend them by allowing the ARB to delay timelines by not discussing items.
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1958 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 11 David Yakobson
From: Julie Eizenberg <[email protected]>
Sent: Tuesday, May 13, 2025 9:57 AM
To: councilmtgitems; Caroline Torosis; Natalya Zernitskaya; Dan Hall; Barry Snell; Lana Negrete; Jesse Zwick; Ellis Raskin
Subject: May 13, Agenda Item 12.A, Housing Streamlining – Support
EXTERNAL
Mayor, City Council Members,
I am writing in support of item 12A included in tonight’s Council Agenda. Its approval will put the City in compliance with State law and remove other unnecessary barriers to market rate and affordable housing production. New housing is key to addressing the shortage, sustainable action and maintenance of quality of life in Santa Monica.
I urge you all to approve item 12A on tonight's hearing agenda. julie Eizenberg
_________________________
Julie Eizenberg, FAIA, LFRAIA Founding Principal
KoningEizenberg| 1454 25th Street, Santa Monica, CA 90404 Direct: 424 220 2577 (incl. VM and SMS texts)
Office: 310 828 6131 x116
www.kearch.com
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1959 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 12 David Yakobson
From: Karrie <[email protected]>
Sent: Tuesday, May 13, 2025 9:57 AM
To: councilmtgitems
Subject: 5/13/25 Item 12.A.2 -- Elimination of owner-occupancy requirement -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to the proposed amendment that eliminates an owner-occupancy requirement pertaining to ministerial approval of duplexes and lot splits on parcels zoned for single-unit residential.
Adopting this ordinance will lead to the destruction of family neighborhoods in favor of profit-driven development of market-rate units.
The Planning Commission who reviewed this recommended against adopting it.
Current state law expressly requires owner-occupancy for 3 years from the date of the approval of a lot split. Removing the owner-occupancy provision – as well as all limitations to demolition – will open all single-family residential properties to speculative purchase by developers.
In fact, according to a Public Records Act request to the City, this elimination of the Owner Occupancy Requirement was recommended by a single corporate representative who is associated with two different SB9 developments in Santa Monica, who stands to rake in millions off his projects. Who is City Council serving if it gives our city away to this request? I urge you to retain an owner-occupancy requirement that is consistent with current state law and is crucial to the integrity of our neighborhoods.
Thank you,
Karrie Dvorchak
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1960 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 13 David Yakobson
From: Karrie <[email protected]>
Sent: Tuesday, May 13, 2025 9:57 AM
To: councilmtgitems
Subject: 5/13/25 Item 12.A.6-7 -- Upzoning of 30th Street Parcel -- OPPOSE!
EXTERNAL
Dear Mayor Negrete, Mayor pro-tem Torosis, and City Council Members, I object to Resolution 25-007 and Resolution 25-008, which change the LUCE and Districting Map for 2644 30th Street, respectively.
If this change is made, the lot, which is entirely on the interior of a residential street and includes a parking lot, could, with the state height density bonuses, allow for an 85 foot building.
This is way too tall for the interior of a residential street! 2644 30th Street is a 2-story office building and parking lot that fronts both 29th and 30th Streets. It is an interior parcel and is NOT located on a boulevard. Nevertheless, staff is trying to upzone this parcel to Neighborhood Commercial. In doing so, staff has failed to engage with the community and analyze the impact of the change on the character of the neighborhood as required by the LUCE. Also of concern are the numerous questionable statements made by staff in order to justify what appears to be illegal spot zoning.
Please oppose this upzoning.
Thank you,
Karrie Dvorchak
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1961 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 14 David Yakobson
From: Jenny Swan <[email protected]>
Sent: Tuesday, May 13, 2025 9:55 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: Support Item 12.A
EXTERNAL
Councilmembers,
I am writing in support of item 12.A updating zoning ordinance and city code. I echo the views of Santa Monica Forward, shared below.
Thank you,
[NAME]
[ZIP CODE]
--------------
Enhancing the production of housing across Santa Monica is an urgent priority, and the city should move to facilitate administrative approvals for all sites, greater production of ADUs, and the creation of duplexes and quad-plexes via lot splits. Further, council should direct adjustments to staff proposals on ADUs, zoning density alignment, and ARB procedure as described in the following paragraphs.
Administrative Approval: Current timelines to approve new developments are taking too long, and blocking the creation of housing which the city desperately needs. Council should approve the change in ordinance to allow parcels over 1 acre in size to use administrative approval. Further, council should seek ways to streamline and reduce the time to permitting.
ADUs: Council should support changes to ADU minimum and maximum size limits, as well as the increase in number of permitted ADUs & JADUs on existing multifamily parcels. Further, council should eliminate the limitation that no more ADUs are created than existing units on a parcel, which inhibits the improvement of existing duplexes and triplexes in a way that encourages their preservation as rent controlled housing. Council should also eliminate owner-occupancy requirements for JADUs in order to enable their creation.
Lot Splits & Duplexes: The elimination of owner-occupancy requirements and limitations on redevelopment of vacant parcels will help to increase housing in high opportunity neighborhoods, and council must vote to pass it. Council should also support increases to FAR and reductions in constraints to facilitate new projects, as recommended by Staff.
LUCE and Zoning Density Alignment: The implementation of density limits is an antiquated approach to zoning which reinforces segregation by encouraging fewer, larger units that are not affordable to middle and lower income residents. Santa Monica should use this opportunity to improve the way it zones by Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1962 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 15 moving to form-based zoning centering on FAR, height, and setbacks. Form-based zoning focuses on making sure that new buildings are compatible with their surroundings, rather than restricting the number of residents who can make Santa Monica their home. As staff notes, the proposed density requirements will continue to lock our residential neighborhoods in amber, entirely blocking new housing production.
Adjustment to Section 9.55.120 on the Architectural Review Board: Council should reject this adjustment to ordinance, and clarify instead that the scheduling of a review by the ARB counts towards the meeting limit, and reduce the meeting limit to 2 from 3. As Staff demonstrates in the Administrative Approval Timelines analysis, ARB approval is a significant drag on the permitting of new housing. Council should aim to reduce timelines for ARB approval, not extend them by allowing the ARB to delay timelines by not discussing items.
Jenny Cree Swan
______________________
(she, her, hers) Here's why
[email protected]
(310) 940-3125 (cell)
Never, ever be afraid to make some noise and get in good trouble, necessary trouble. - John Lewis
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1963 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 16 David Yakobson
From: Steve Rogers <[email protected]>
Sent: Tuesday, May 13, 2025 9:47 AM
To: councilmtgitems
Cc: Gail Denney
Subject: Save Our R1 Lots From Developers -- Item 12A
EXTERNAL
Hello Council. I am writing to oppose item 12A on the agenda. We want to maintain the integrity of our R1 neighborhood, and this item threatens to alter the very character of our R1 neighborhood for the worse. The current SB9 Ordinance is appropriate, but the proposed amendments are not. Please do not approve them.
Steve Rogers
1123 Stanford St.
Santa Monica, CA 90403
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1964 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 17 David Yakobson
From: Leslie Butchko <[email protected]>
Sent: Tuesday, May 13, 2025 9:41 AM
To: councilmtgitems
Cc: Dan Hall; Lana Negrete; Ellis Raskin; Barry Snell; Caroline Torosis; Natalya Zernitskaya; Jesse Zwick
Subject: 5/13/25 Agenda Item 12A ; End Owner Occupancy Requirement in SB9 - OPPOSE
EXTERNAL
Dear Council Members,
5/13/25 Agenda Item 12A – End Owner Occupancy Requirement in SB9 - OPPOSED Leslie Butchko
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1965 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 18 David Yakobson
From: Jason Mastbaum <[email protected]>
Sent: Tuesday, May 13, 2025 9:37 AM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: councilmtgitems
Subject: Support Item 12.A
Attachments: s20250317-4Az.pdf
EXTERNAL
Councilmembers,
I'm writing in support of item 12.A updating zoning ordinance and city code. I echo the views of Santa Monica Forward, shared below. I'd like to also expand on the comments regarding the Architectural Review Board.
The ARB routinely rejects projects for reasons outside its purview, including non-objective design criteria such as "the project looking 'like an office building'" (SMDP 5/17/2024 https://smdp.com/business/midcity-cypress-project-in-the-works-while-another-gets-shot-down-by-review-board/), often with the goal of reducing the size of a project, which is illegal not just under state housing law but also the city charter.* One current project was continued at the 9/14/2024 and 11/4/2024, and on 12/11/2024 the developer had to submit a letter (attached) explaining that they decline further changes because the requested changes are illegal under the Housing Accountability Act. I won't list all the bullet-pointed concerns the developer express in their email, but this one is representative:
The ARB expressed concerns about the corner of the Project on Lincoln and Pearl, and
specifically noted that it did not like the prominence of the corner and asked the Applicant
to tone it down. Such request is not an objective standard as they do not provide the
Applicant with objective guidance for how to comply. Furthermore, the Project site is
unusually shaped, and the current design was created to ensure that the Applicant would be
able to fully utilize the full square footage of the lot. Reducing or changing the corner would
result in a loss of square footage and a reduction in the density of the Project.
This project did not come back before the ARB until its March 17, 2025 meeting--already a delay of 184 days attributable solely to the ARB. This time the staff report recommended approval of the project, but still with a laundry list of conditions. I can't tell you what the actual outcome of this meeting was, because on top of everything else wrong with the ARB right now, it's extremely difficult to find out what happens at ARB unless one of the local newspapers picks it up. If minutes of the meetings are released Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1966 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 19 they aren't clearly linked to on the ARB's agendas page, and they're consistently extremely slow in releasing the audio-only recording of their meetings. Their last meeting was on May 5, yet the last posted meeting recording is from April 21. I've consistently had similar experiences with recordings taking an undue amount of time to get posted, which are then hard to follow due to being audio-only with no transcript or even minutes provided.
Housing delayed is always housing denied, but recent events at the national level have made this even starker. When this project was first submitted, Joe Biden was still president. Since then, the new administration has slapped large tariffs on crucial building materials such as Canadian lumber. And on top of that everyone trying to build anything has massive uncertainty about what their actual costs will be because the current actual and expected tariff rates change day to day and even hour to hour depending on who's bribed the president most recently. Now, this kind of project-killing uncertainty may be seen as a positive to the current ARB, but we should not be further empowering a body that currently exists primarily to violate the city charter and state housing law out of view of the public eye. * Santa Monica Code §9.55.140 Criteria, C) In no case shall the Architectural Review Board impose conditions that reduce residential density or have the effect of denying a housing project as those terms are defined in Government Code Section 65589.5. https://ecode360.com/42751308#42751341 Thank you,
Jason
90403
--------------
Enhancing the production of housing across Santa Monica is an urgent priority, and the city should move to facilitate administrative approvals for all sites, greater production of ADUs, and the creation of duplexes and quad-plexes via lot splits. Further, council should direct adjustments to staff proposals on ADUs, zoning density alignment, and ARB procedure as described in the following paragraphs.
Administrative Approval: Current timelines to approve new developments are taking too long, and blocking the creation of housing which the city desperately needs. Council should approve the change in ordinance to allow parcels over 1 acre in size to use administrative approval. Further, council should seek ways to streamline and reduce the time to permitting.
ADUs: Council should support changes to ADU minimum and maximum size limits, as well as the increase in number of permitted ADUs & JADUs on existing multifamily parcels. Further, council should eliminate the limitation that no more ADUs are created than existing units on a parcel, which inhibits the improvement of existing duplexes and triplexes in a way that encourages their preservation as rent controlled housing. Council should also eliminate owner-occupancy requirements for JADUs in order to enable their creation.
Lot Splits & Duplexes: The elimination of owner-occupancy requirements and limitations on redevelopment of vacant parcels will help to increase housing in high opportunity neighborhoods, and council must vote to pass it. Council should also support increases to FAR and reductions in constraints to facilitate new projects, as recommended by Staff.
LUCE and Zoning Density Alignment: The implementation of density limits is an antiquated approach to Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1967 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) 20 zoning which reinforces segregation by encouraging fewer, larger units that are not affordable to middle and lower income residents. Santa Monica should use this opportunity to improve the way it zones by moving to form-based zoning centering on FAR, height, and setbacks. Form-based zoning focuses on making sure that new buildings are compatible with their surroundings, rather than restricting the number of residents who can make Santa Monica their home. As staff notes, the proposed density requirements will continue to lock our residential neighborhoods in amber, entirely blocking new housing production.
Adjustment to Section 9.55.120 on the Architectural Review Board: Council should reject this adjustment to ordinance, and clarify instead that the scheduling of a review by the ARB counts towards the meeting limit, and reduce the meeting limit to 2 from 3. As Staff demonstrates in the Administrative Approval Timelines analysis, ARB approval is a significant drag on the permitting of new housing. Council should aim to reduce timelines for ARB approval, not extend them by allowing the ARB to delay timelines by not discussing items.
Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1968 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) Elisa Paster
213.557.7223
[email protected]
December 11, 2024
VIA EMAIL
Architecture Review Board
City of Santa Monica
c/o Tony Kim
Principal Planner
[email protected]
Stephanie Reich
Design and Historic Preservation Planner
[email protected]
Re: ARB Review of 2307 Lincoln Boulevard (24ARB-0126)
Dear Members of the Architecture Review Board:
We represent Coast Meridian Properties (“Applicant”) concerning the application for a new seven-story, mixed-use housing project consisting of 69 residential units and 1,800 square feet of ground floor commercial space with two levels of subterranean parking located at 2307 Lincoln Boulevard in the City of Santa Monica (“Project”). The City’s Architectural Review Board (“ARB”) conducted public hearings on the Project on September 16, 2024, and November 4, 2024, and voted to continue the Project on both dates.
At each of the previous hearings, the ARB has provided comments on the Project’s architecture, site design, and landscape design, requiring changes to the Project. While the Applicant has made substantial revisions to the Project in response to the ARB’s comments, the Applicant declines to make any further revisions. As further discussed below, the ARB’s remaining comments require the Applicant to comply with non-objective standards and impose requirements that would physically preclude the construction of the project as designed. The revisions requested by the ARB are consequently unenforceable under state housing law, and the ARB is therefore required to approve the Project in its currently proposed form.
Item 12-A
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Packet Pg. 1969 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) The Housing Accountability Act Requires Approval of the Project The Housing Accountability Act (Government Code Section 65589.5) (“HAA”) strictly limits a city’s discretion to deny a housing project when it complies with all objective development standards, including design standards:1
(j)(1) When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
(A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
The ARB has not made any finding that the current design of the Project would result in a specific, adverse impact. Consequently, the scope of the ARB’s review must be limited to whether the Project complies with the City’s objective design standards, and the ARB may not impose any conditions on the Project that would result in a reduction to the density of the Project.
Contrary to state law, the ARB’s comments on the Project to date require the Project to comply with several design standards that are not objective and would result in a reduction of the Project’s density. Under the Housing Accountability Act, “objective” means “involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.” (Gov. Code § 65589.5(h)(9).)
The ARB’s comments on the Project at the November 4th hearing included the following:
1. The ARB was dissatisfied by the facades on the Lincoln and Pearl elevations and asked the Applicant to change the Pearl Street elevation to match the neighborhood behind the 1 This requirement was also discussed at length in the staff report for the November 4, 2024, ARB hearing on this Project.
Item 12-A
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May 13, 2025
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Packet Pg. 1970 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) proposed building, without providing any specific standards to follow. A requirement for a Project to match the design of a neighborhood is too general and subjective to provide any objective guidance to the Applicant and is therefore unenforceable under the HAA.
2. The ARB expressed concerns about the corner of the Project on Lincoln and Pearl, and specifically noted that it did not like the prominence of the corner and asked the Applicant to tone it down. Such request is not an objective standard as they do not provide the Applicant with objective guidance for how to comply. Furthermore, the Project site is unusually shaped, and the current design was created to ensure that the Applicant would be able to fully utilize the full square footage of the lot. Reducing or changing the corner would result in a loss of square footage and a reduction in the density of the Project.
3. The ARB asked the Applicant to lower the courtyard an additional story, but did not point to any objective standard that the current courtyard location is violating. Moving the courtyard would result in a loss of over 2,000 square feet and the location for the bike room and equipment room. The alternative would be to lose the ground floor parking for the Project or to lose additional units, and therefore density. None of these results is agreeable to the Applicant and, again, the ARB has not cited any objective standard that would require such a change.
4. The ARB also expressed dissatisfaction with the design of the courtyard, roof deck, and pedestrian experience on the ground floor. However, the ARB did not provide any objective standards for the Applicant to follow, but merely asked the Applicant to enhance these aspects of the Project, which is not an objective standard. It is not feasible to add additional landscaping to the ground floor because the building is built to the property line along the frontages. Any additional landscaping would require a reduction of the building footprint, which is not acceptable to the Applicant. However, the Applicant would be willing to consider planting trees in the public right of way if this would be permitted by the City.
5. The ARB also asked the Applicant to disperse the amenity space to different floors of the building. However, the ARB provided no guidance for what would constitute sufficient dispersal, and furthermore did not point to any objective standards that the current amenity location is not meeting. Consequently, the Applicant is neither willing nor required to make this change.
6. The ARB stated that the massing of the building did not fit into the context of the neighborhood. A requirement that the massing of a building “fit into the context of the neighborhood” is not objective as it is clearly open to subjective interpretation.
Furthermore, any changes to massing would reduce square footage and impair the ability to build to the allowable density.
7. Finally, the ARB asked the Applicant to reduce the height of first floor, without pointing to any objective requirement that the current height violates. The Applicant is not willing to make this change. The Customer-Owned Transformer Vault Room requires a ceiling clearance of at least 17 feet, so reducing the height of the first floor would intrude into the second floor. This intrusion would result in a substantial impact on square footage and Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
12.A.g
Packet Pg. 1971 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) affect the circulation on the floor above. The large amenity space/resident storge space is needed because of the smaller size of the Project’s units. The requested design change would affect the Applicant’s ability to build to the allowable density and would negatively impact the Project’s financial feasibility.
ARB comments following the September 16th hearing included the following, as listed in the staff report for the November 4th ARB hearing:
1. The building proportions are awkward with the lower and upper levels of metal panels creating an unusual and undesirable “sandwich” effect.
2. The colors and material of the building are too contrasting and disparate. The building design should be “quieter” and the material palette simplified.
3. Landscaping and programming of the outdoor areas can be improved.
4. Improve the integration of the wood material by possibly using more of the wood material in different locations emphasizing the project design.
5. The appearance of the base of the building should be smaller in proportion to the rest of the building.
6. Changes to the building organization could allow for more breakdown of the building massing and more openings.
7. The east elevation along the alley should be treated like the other elevations with more than just a stucco façade.
8. There is no strong central design theme or idea.
Again, these comments impose primarily non-objective standards: the proportions are “awkward,” the design should be “quieter,” the outdoor areas “can be improved,” use “more of the wood material in different locations,” the “appearance of the base of the building should be smaller,” there is “no strong central design theme or idea.” Referring back to the definition of “objective” in the HAA, none of these standards are “uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.” Consequently, while the Applicant may voluntarily revise the Project in response to these comments, the Applicant is not required to do so. Applicant has already made significant changes to the Project at the ARB’s suggestion and declines to make further changes unless they are based on adopted objective standards and would comport with State housing law.
State Density Bonus Law Requires Approval of the Project As noted in the staff report for the November 4, 2024 ARB hearing, this Project is eligible for a density bonus under State Density Bonus Law (Government Code Section 65915) (“SDBL”).
Consequently, the City may not “apply any development standard that will have the effect of physically precluding the construction of a development meeting the [SDBL eligibility requirements] at the densities or with the concessions or incentives permitted by [SDBL].” (Gov. Code § 65915(e).) Item 12-A
May 13, 2025
Item 12-A
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Packet Pg. 1972 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) Under SDBL, the City must not only waive development standards that would physically preclude the construction of the project in any form, but must waive standards that would physically preclude the construction of the project as designed.
2 In the case of Bankers Hill 150 v. City of San
Diego, the proposed project included a courtyard and exceeded the city’s height requirements. The developer requested a waiver of the height requirement under SDBL. The party challenging the project argued that the height requirements did not physically preclude the construction of the project, because if the courtyard was removed, then the additional units could be put where the courtyard was located instead of locating them on top of the building in a floor above the height limit. The court rejected this argument and held that it was appropriate for the height limit to be waived because not waiving it would physically preclude the construction of the project as designed – that is, with the proposed courtyard and amenities.
Under the holding in Bankers Hill, the ARB is prohibited from requiring revisions that would physically preclude the construction of the Project as designed, including, but not limited to, requiring the Project to lower the courtyard, reduce the height of the first floor or otherwise redesign the first floor, disperse the amenity space to different floors, or add additional landscaping that would result in a reduction of the building footprint.
Conclusion
In short, unless the ARB can cite to a specific, objective standard that the proposed Project does not meet, and which is not prohibited under SDBL, the ARB must either approve the Project or else be in clear violation of state housing law for disapproving the Project. The City will face significant liability for disapproving the Project, including potential fines of more than $10,000 per unit (i.e. $690,000).
Consequently, we respectfully request that the ARB approve the Project as currently designed.
Sincerely,
Elisa Paster
Managing Partner
of RAND PASTER & NELSON, LLP
2 Bankers Hill 150 v. City of San Diego (2022) 74 Cal. App. 5th 755, 775.
Item 12-A
May 13, 2025
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May 13, 2025
12.A.g
Packet Pg. 1973 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances)
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Item 12-A
May 13, 2025
Item 12-A
May 13, 2025
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Packet Pg. 1974 Attachment: Written Comments [Revision 1] (6801 : Housing Updates and Ordinances) March 17, 2025
Santa Monica Architectural Review Board Meeting
2307 Lincoln Boulevard Proposed Project
Greetings Honorable Santa Monica OƯicials and StaƯ:
First of all, I would like to express my appreciation for the thoughtful consideration conducted during the process of reviewing the application for the project proposed at 2307 Lincoln Boulevard as evidenced by the Board’s input at the September 16 and November 4, 2024, ARB meetings. The thoroughness of your review acknowledged the concerns of the community in addition to astutely identifying a number of important problematic issues with the project design as proposed, that would need to be resolved by a redesign of the project in order for it to be compliant with City Code and a safe and positive addition to the community.