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. 190
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Packet Pg. 381 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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. 191
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Packet Pg. 382 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 383 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) (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. 384 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 385 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) (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 195
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Packet Pg. 386 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) (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. 387 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 388 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 389 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) (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 or shall be separately sold or conveyed as a condominium under the conditions set forth in Section 9.31.026.
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, 199
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Packet Pg. 390 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) attics, basements, or garages, if each unit complies with State building standards for dwellings.
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 200
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Packet Pg. 391 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) pursuant to G, above, an application for a building permit within a residential or mixedused 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. 201
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Packet Pg. 392 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) i. The total floor area shall not exceed 800 square feet. 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. 202
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Packet Pg. 393 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 394 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 204
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Packet Pg. 395 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
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. 396 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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 the rear or side of the existing building subject to the following:
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Packet Pg. 397 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) (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. 207
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Packet Pg. 398 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 208
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Packet Pg. 399 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 209
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Packet Pg. 400 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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). 210
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Packet Pg. 401 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 402 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 212
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Packet Pg. 403 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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). 213
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Packet Pg. 404 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 405 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 215
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Packet Pg. 406 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) [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. 216
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Packet Pg. 407 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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 217
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Packet Pg. 408 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 218
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Packet Pg. 409 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 410 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 220
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Packet Pg. 411 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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 The maximum floor area ratio 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 221
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Packet Pg. 412 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 222
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Packet Pg. 413 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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;
223
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Packet Pg. 414 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 224
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Packet Pg. 415 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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, 225
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Packet Pg. 416 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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).
226
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Packet Pg. 417 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
227
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Packet Pg. 418 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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 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 and to facilitate diverse housing choices in the City’s highest opportunity areas by increasing guaranteed unit size, not imposing an occupancy requirement for lot splits, and allowing additional units for larger parcels.
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 limited to, developed parcels, currently developed parcels proposing demolition, and 228
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Packet Pg. 419 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) vacant parcels. Any qualified applicant, as defined by Section 9.52.020.2010, may submit an applicant pursuant to this Section subject to all of the following:
1. Location Requirements:
a. The parcel is located in an urbanized area or urban cluster, as defined by the Census Bureau;
b. The parcel is not located within a designated historic district or does not contain a historic resource;
c. The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(B), (C), (I), (J), (K), which includes, but is not limited to, the following:
i. Prime farmland, wetlands, land identified for conservation, land under conservation easement, or habitat for protected species; d. The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(D), (E), (F), (G), (H), unless the development satisfies the requirements therein, which includes, but is not limited to, the following:
i. Very high fire hazard severity zone, hazardous waste site, delineated earthquake fault zone, 100-year floodplain, or regulatory floodway
2. Displacement Protections:
a. Projects shall not include alteration or demolition of any of the following types of housing:
i. 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;
229
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Packet Pg. 420 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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:
1. Lot Split. A permitted parcel may be subdivided into two parcels pursuant to Section (D), below.
2. Duplex. One duplex may be established or constructed on a permitted parcel pursuant to Section (E), below.
3. Lot Split with single-unit dwelling or duplex. Single-unit dwellings and duplexes are permitted to be established in conjunction with a lot split pursuant to Sections (D) and (E), below.
C. Review Process.
1. Projects established under this Section shall be subject to a ministerial approval process as determined by the Director prior to submittal of a building permit. 230
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Packet Pg. 421 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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.
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:
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.
231
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Packet Pg. 422 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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.
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. 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.
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.
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
232
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Packet Pg. 423 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 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).
c. Parcels 10,000 SF or Greater. Notwithstanding subsection (a) and (b), above, on parcels 10,000 SF or greater, more than four units may be permitted per parcel, inclusive of Accessory Dwelling Units pursuant to Section 9.31.025.
3. Minimum Front Setback. If a lot split results in a front parcel line that is adjacent to an alley, no more than 4 feet is required.
4. Minimum Side and Rear Setbacks.
a. 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. ii. Existing structures or structures constructed in the same location and to the same dimensions may retain nonconforming setbacks. 233
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Packet Pg. 424 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) F. Parking. One parking space is required per unit established pursuant to this Section, except no parking is required if any of the following applies:
1. The parcel is located within one-half mile walking distance of either a highquality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or
2. There is a car share vehicle located within one block of the parcel.
G. 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 1,500 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.
I. Lease Terms. Units created under this section shall not be used for rental terms of 30 days or less.
J. 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. 234
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Packet Pg. 425 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 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. A General Market shall comply with the base standard height, setback, and floor area ratio 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 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.
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Packet Pg. 426 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
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;
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Packet Pg. 427 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
2. Affordable housing unit mix shall be governed by Chapter 9.64, Affordable Housing Production Program.
3. The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in Chapter 9.43.
B. Transportation Demand Management. Multiple-unit dwelling projects that meet the applicability established in Section 9.53.030 shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:
1. For non-residential components of projects, provide the following:
a. A Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(b)(viii). b. Bike valet, free of charge, during all automobile valet operating hours.
2. For residential components of projects, provide a Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(c)(iv).
C. Air Quality Assessment Zone. Multiple-unit dwelling projects within the Air Quality Assessment Zone shall be required to complete a form provided by the Director that prescribes the required design features to reduce exposure to diesel particulate matter (DPM) as a part of the early project design process. Such form shall be submitted at the time of project application and shall be subject to review and approval by the Director prior to project approval.
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Packet Pg. 428 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) D. Unit Replacement Requirements. Multiple-unit dwelling projects shall comply with all applicable residential unit replacement requirements in Chapter 9.34, Residential Unit Replacement Requirements.
E. Objective Design Standards for Streamlined, Ministerial Approval Process Established by Senate Bill 35. Qualifying multiple-unit dwelling projects that elect to use the streamlined, ministerial approval process established by Senate Bill 35 (SB 35), and set forth in Government Code Section 65913.4, shall be required to comply with objective design review standards, which may be established by resolution of the City Council.
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. 238
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Packet Pg. 429 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 239
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Packet Pg. 430 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) CHAPTER 9.36 PLANNING AUTHORITIES
Section 9.36.010. Director of the Community Development Department.
The Director of the Community Development Department (the “Director”) is the manager of the 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. Negotiate the components and provisions of Development Agreements for recommendation to the City Council.
B. Monitor and enforce provisions of this Ordinance and serve as Hearing Officer pursuant to Chapter 8.96 of the Municipal Code.
C. 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. 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. Serve as Staff of the Planning Commission, Landmarks Commission, and Architectural Review Board.
F. Delegate administrative functions to members of the Community Development Department.
G. Other duties and powers as may be assigned by the City Council or established by legislation.
Section 9.36.020. Zoning Responsibilities of Zoning Administrator. 240
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Packet Pg. 431 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) The role of the Zoning Administrator 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 provide 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 powers and duties of the Zoning Administrator or designee shall include, but 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.
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. 241
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Packet Pg. 432 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
M. Delegate powers and duties of the Zoning Administrator to members of the Community Development Department.
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Packet Pg. 433 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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, 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 Ordinance or General Plan Amendments, from the exterior boundaries of the property 243
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Packet Pg. 434 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 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 20 days prior to the hearing for a duration of at least 3 consecutive days. Notices displayed pursuant to this subsection shall also be mailed to all City-recognized neighborhood organizations and shall be posted on the City's website.
D. 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 which the proposed use must be undertaken and actively and continuously pursued 244
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Packet Pg. 435 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 245
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Packet Pg. 436 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
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Packet Pg. 437 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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:
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Packet Pg. 438 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) (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)
248
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Packet Pg. 439 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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
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Packet Pg. 440 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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, as defined in Section
9.52.020.0050;
b. Moderate Income Housing Overlay project, as defined in Section
9.19.020(D);
c. Housing Project, as defined in Section 9.52.020.1125, including projects that have been granted modifications and waivers pursuant to Chapter
9.43, Modifications and Waivers, subject to the following:
i. The project is not located on a parcel or parcels that exceed 43,560 square feet within a Bergamot District and complies with Section
9.12.030(O);
ii. The project does not contain 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; or
iii. For projects with application filed on or after October 15, 2029, located on a parcel or parcels that do not exceed 43,560 square feet in size. 250
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Packet Pg. 441 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) d. Housing Project, as defined in Section 9.52.020.1125, 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;
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; and iii. The project does not contain 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.
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 251
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Packet Pg. 442 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) ii. Projects with at least 50% residential proposed on City-owned sites, where 20% of the project’s units are made affordable to lower-income households that are sold or leased and used to satisfy the City’s shortfall of lower income units as identified in the 6th Cycle (2021-2029) Housing Element; or
g. Adaptive Reuse Project, as defined in Section 9.31.035(B)(1).
2. Non-Housing Projects. For non-housing projects of more than 1,000 square feet, all new construction and new additions to existing buildings that do not exceed the following:
a. Tier 1 maximum limits;
b. In Multi-Unit Residential Districts or Ocean Park Neighborhood Districts, 10,000 square feet;
c. In Neighborhood Commercial and Oceanfront Districts, 7,500 square feet;
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 252
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Packet Pg. 443 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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
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Packet Pg. 444 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Section 9.39.060. Review and Decision.
A. Following receipt of a decision from the Architectural Review Board, or compliance with the conditions set forth in Section 9.55.120(E)(2), the Director shall issue a determination on the Administrative Approval in accordance with this Chapter.
B. The Director shall issue an Administrative Approval if the proposed development conforms precisely to applicable development standards, except to the extent modifications or waivers have been granted pursuant to Chapter 9.43, Modifications and Waivers.
C. The Director shall deny the Administrative Approval only if:
1. The development is not in compliance with applicable development standards, except to the extent modifications or waivers have been granted pursuant to Chapter 9.43, Modifications and Waivers.
2. The housing development would have a specific, adverse impact upon the public health or safety pursuant to Government Code Section 65589.5.
D. The Director shall prepare a written decision which shall contain the findings of fact upon which such decision is based. A copy of the decision shall be sent to the applicant within 14 calendar days after the decision is made.
Chapter 9.40 Development Review Permit
Section 9.40.050. Required Findings.
Following a public hearing, the Director shall prepare a written decision which shall contain the Planning Commission's findings of fact upon which such decision is based.
The Planning Commission, or City Council on appeal, shall approve or conditionally 254
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Packet Pg. 445 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) approve a Development Review Permit application in whole or in part if all of the following findings of fact can be made in an affirmative manner:
A. The physical location, size, massing, setbacks, pedestrian orientation, and placement of proposed structures on the site and the location of proposed uses within the project are consistent with applicable standards;
B. The rights-of-way can accommodate autos, bicycles, pedestrians, and multi-modal transportation methods, including parking and access standards; C. The health and safety services (police, fire etc.) and public infrastructure (e.g., utilities) are sufficient to accommodate the new development; D. The project is generally consistent with the Municipal Code, General Plan, and any applicable Specific Plan;
E. The project has no specific adverse impact on public health or safety; F. The project provides community benefits consistent with Chapter 9.23; and G. The housing development project has no specific adverse impact on public health or safety pursuant to Government Code Section 65589.5.
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 255
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Packet Pg. 446 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. Up to 5% of the maximum amount of floor area.
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.
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 256
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Packet Pg. 447 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
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.
257
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Packet Pg. 448 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. Up to 10% of the maximum amount of floor area.
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.
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
258
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Packet Pg. 449 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 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;
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 259
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Packet Pg. 450 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 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;
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, 260
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Packet Pg. 451 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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;
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. 452 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
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. 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. 453 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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;
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. 454 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) DIVISION 5 GENERAL TERMS
Chapter 9.51, Use Classifications
Chapter 9.52, Terms and Definitions
264
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Packet Pg. 455 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 265
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Packet Pg. 456 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
266
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Packet Pg. 457 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 267
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Packet Pg. 458 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 459 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 269
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Packet Pg. 460 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 270
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Packet Pg. 461 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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)(3); iii. Emergency shelter, as set forth in subsection (B)(4); iv. Residential facility, as set forth in subsection (B)(10); v. Supportive housing, as set forth in subsection (B)(12); or vi. Transitional housing, as set forth in subsection (B)(13).
12. Supportive Housing. Housing which meets the definition of Health and Safety Code Section 50675.2(h) with no limit on length of stay that are occupied by the target population as defined in subdivision (b)(2) of Section 50675.14 of the California Health and Safety Code, and that are linked to on-site or off-site services that assist supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live, and where possible, work in the community. Supportive housing may be provided in a multiple-unit structure or group residential facility. Facilities may operate as licensed or unlicensed facilities subject to applicable State requirements. 271
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Packet Pg. 462 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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 other than family day care (small and large). This classification includes commercial and nonprofit nursery schools, preschools, day care facilities for children, and any 272
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Packet Pg. 463 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 include common areas maintained and used by group members. Community gardens may be accessory to public or institutional uses such as parks, schools, community 273
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Packet Pg. 464 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 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 274
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Packet Pg. 465 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
11. School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools. 275
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Packet Pg. 466 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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 provide boarding-only services for animals not receiving services on the site but excludes the provision by shops and hospitals of 24-hour accommodation 276
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Packet Pg. 467 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
277
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Packet Pg. 468 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 278
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Packet Pg. 469 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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, 279
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Packet Pg. 470 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 280
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Packet Pg. 471 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 281
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Packet Pg. 472 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
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Packet Pg. 473 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 474 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 284
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Packet Pg. 475 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 285
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Packet Pg. 476 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
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Packet Pg. 477 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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. 287
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Packet Pg. 478 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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).
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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).
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Packet Pg. 480 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 290
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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 291
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Packet Pg. 482 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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, 292
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Packet Pg. 483 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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, 293
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Packet Pg. 484 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 294
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Packet Pg. 485 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
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Packet Pg. 486 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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. 296
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Packet Pg. 487 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 297
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Packet Pg. 488 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
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Packet Pg. 489 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 299
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Packet Pg. 490 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 300
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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 301
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Packet Pg. 492 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 302
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Packet Pg. 493 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 303
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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. 304
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Packet Pg. 495 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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; 305
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Packet Pg. 496 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 306
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Packet Pg. 497 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 307
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Packet Pg. 498 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 308
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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 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. 314
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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. 507 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
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.
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, 317
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Packet Pg. 508 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 installation. Mature heights of groundcover will usually range from 3 inches to 3 feet.
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9.52.020.1210 Hedge. A boundary or barrier of plant material formed by a row or series of shrubs, bushes, trees, or other similar vegetation that enclose, divide, or protect an area or that prevent a person from passing between any combination of individual shrubs, bushes, trees, or other similar vegetation.
9.52.020.1220 Irrigation System. Any system, excluding water features, for distribution of water through a pressurized system within the landscape area, including, but not limited to, any system in which any portion is installed below grade or affixed to any structure.
9.52.020.1230 Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose. See Section 9.26.060.
9.52.020.1240 Moisture Sensing Device. A device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.
9.52.020.1250 Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
9.52.020.1260 Plant Area. The portion of a parcel that is dedicated to the installation of landscaping.
9.52.020.1270 Lighting. The following terms are related to Section 9.21.080, Lighting.
9.52.020.1280 Foot-Candle. A quantitative unit of measure for luminance. One footcandle is equal to the amount of light generated by one candle shining 319
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9.52.020.1290 Light Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.
9.52.020.1300 Shielded Fixture. Outdoor light fixtures shielded or constructed so that light rays emitted by the lamp are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.
9.52.020.1310 Lightwell. The portion of buildable area that is reserved as open space for light and air, usually enclosed by building walls on the subject property or adjacent property and extends for one or more floors.
9.52.020.1320 Living Quarters. A structure or portion thereof that is used principally for human habitation.
9.52.020.1330 Loading Space. An off-street space or berth on the same parcel with a building for the temporary parking of a vehicle while loading or unloading of goods.
9.52.020.1340 Loft. See Mezzanine.
9.52.020.1350 Lot. See Parcel.
9.52.020.1360 Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition.
9.52.020.1365 Major Transit Stop. Major transit stop as defined in Public Resources Code Section 21064.3.
9.52.020.1370 Manufactured Housing. A structure as defined by Health and Safety Code Section 18007, or any successor thereto.
9.52.020.1380 Mezzanine. An intermediate floor within a building interior without walls, partitions, closets, screens or other complete enclosing interior walls or partitions that is open to the floor below and has a floor area that is no 320
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Packet Pg. 511 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
9.52.020.1450 Open Space.
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Packet Pg. 512 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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 2 or more parcels where the owner(s) have recorded a covenant with the 322
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Packet Pg. 513 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 considered the front. For corner parcels with equal street frontage 323
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Packet Pg. 514 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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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Packet Pg. 515 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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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Packet Pg. 516 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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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Packet Pg. 517 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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 327
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Packet Pg. 518 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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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Packet Pg. 519 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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. 329
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Packet Pg. 520 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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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Packet Pg. 521 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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 331
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Packet Pg. 522 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 332
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Packet Pg. 523 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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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Packet Pg. 524 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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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Packet Pg. 525 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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 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. 526 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 527 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 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 337
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Packet Pg. 528 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 338
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Packet Pg. 529 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
339
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Packet Pg. 530 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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.
340
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Packet Pg. 531 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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 341
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Packet Pg. 532 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 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 City Council shall approve or deny applications for a stay of expiration of tentative subdivision or parcel maps pursuant to 9.54.090(C).
342
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Packet Pg. 533 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 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 Community Development Department. The Director of the Community Development Department (Director), or designee shall:
1. 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. 343
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Packet Pg. 534 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
344
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Packet Pg. 535 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 345
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Packet Pg. 536 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
346
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Packet Pg. 537 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)
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. 347
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Packet Pg. 538 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) c. The Director shall act within 60 days of receiving a complete application.
d. If the Director fails to act within 60 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. 348
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Packet Pg. 539 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 349
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Packet Pg. 540 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 350
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Packet Pg. 541 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 two noticed and agendized public hearings or continued public hearings, provided that the number of the hearings and the timing for the determination shall be subject to all applicable law, including, but not limited to Government Code section 65905.5. A continuance requested by the applicant shall not count towards the two hearing limit set forth in this section.
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;
351
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Packet Pg. 542 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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.
352
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Packet Pg. 543 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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, an applicant for the following multiple-unit 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, an applicant for a multiple-unit project of twenty units or more shall construct affordable housing units pursuant to subsection A, above, which shall be divided equally among 50% income households, 80% income households, and moderate income households. Any remainder units above multiples of three shall be distributed to 50% income households first and 80% income households second. For illustrative purposes, Table 9.64.050(C), below, provides examples of how distribution would look for certain projects.
Table 9.64.050(C)
# of Affordable Units in the Project 50% AMI 80% AMI
Moderate
Income
3 1 1 1
4 2 1 1
5 2 2 1
353
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Packet Pg. 544 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 354
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Packet Pg. 545 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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:
355
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Packet Pg. 546 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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 356
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Packet Pg. 547 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 357
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Packet Pg. 548 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 4.K
1 of 1
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending Santa Monica Municipal Code Chapter 8.08 to Extend Expiration for Building Permit Applications Complete as of January 6, 2025
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.
Executive Summary
At its meeting on May 13, 2025, the City Council introduced for first reading an Ordinance amending Santa Monica Municipal Code Chapter 8.08 to extend expiration for building permit applications complete as of January 6, 2025. The ordinance is now presented to the City Council for adoption.
Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:
A. ORD-Article 8 Permit Extensions 2d
4.K
Packet Pg. 549
1 City Council Meeting: May 27, 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. 550 Attachment: ORD-Article 8 Permit Extensions 2d (7100 : Chapter 8.08 Ordinance - Second Reading) 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. 551 Attachment: ORD-Article 8 Permit Extensions 2d (7100 : Chapter 8.08 Ordinance - Second Reading) 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. 552 Attachment: ORD-Article 8 Permit Extensions 2d (7100 : Chapter 8.08 Ordinance - Second Reading) 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. 553 Attachment: ORD-Article 8 Permit Extensions 2d (7100 : Chapter 8.08 Ordinance - Second Reading) 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. 554 Attachment: ORD-Article 8 Permit Extensions 2d (7100 : Chapter 8.08 Ordinance - Second Reading) 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. 555 Attachment: ORD-Article 8 Permit Extensions 2d (7100 : Chapter 8.08 Ordinance - Second Reading) 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. 556 Attachment: ORD-Article 8 Permit Extensions 2d (7100 : Chapter 8.08 Ordinance - Second Reading) 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. 557 Attachment: ORD-Article 8 Permit Extensions 2d (7100 : Chapter 8.08 Ordinance - Second Reading) 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. 558 Attachment: ORD-Article 8 Permit Extensions 2d (7100 : Chapter 8.08 Ordinance - Second Reading) 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. 559 Attachment: ORD-Article 8 Permit Extensions 2d (7100 : Chapter 8.08 Ordinance - Second Reading) City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 4.L
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Approve Resolution Adopting the 2025 Annual Water Supply and Demand Assessment
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15307 and Section 15308 of the California Environmental Quality Act (CEQA) Guidelines;
2. Hold a public meeting and receive public comment for the 2025 Annual Water Supply and Demand Assessment Report for the Public Works Department, Water Resources Division; and
3. Approve the attached resolution adopting the 2025 Annual Water Supply and Demand Assessment Report.
Summary
To ensure the availability of water during extreme climate events, such as severe drought, the California Water Code (CWC) requires all urban water suppliers to conduct an annual water supply and demand assessment. The City’s Public Works Department, Water Resources Division, staff completed the assessment for the projected 2025 year (July 1, 2025, through June 30, 2026), as defined by the California Department of Water Resources (DWR). Details of the annual assessment are included in the attached 2025 Annual Water Shortage and Demand Assessment Report (Attachment A). The annual assessment analyzes current water supply and demand conditions to project water supply reliability over the next year (July 1, 2025, through June 30, 2026), identify potential water supply shortages and, if necessary, implement water shortage response actions to mitigate potential water supply shortage conditions. In order to adapt to environmental impacts induced by climate change on the City’s water supply, the City
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continues to invest in diversifying its water supply, enhancing drought resiliency, and investing in water conservation measures to permanently reduce water demand. Based on the findings from the annual assessment, staff recommends remaining in a Stage 2 Water Shortage Stage (20% reduction in water use compared to each customer’s 2013 baseline), per the City’s 2020 Water Shortage Contingency Plan (Attachment B) adopted by City Council in June 2021. Maintaining a Stage 2 Water Shortage is critical to meet the City’s goal to reduce its reliance on imported water supplies, comply with state regulations to reduce per capita water use, and help preserve this precious resource. The City has remained in the Stage 2 Water Shortage Stage since the 2014 drought and continues to maintain a 20% reduction in water demand from the baseline year of 2013.
Discussion
In 2018, the California Legislature enacted into law new requirements for urban water suppliers to increase drought resilience and to improve communication of water shortage response actions. Each urban water supplier is required to prepare an Annual Water Supply and Demand Assessment (Annual Assessment) and submit an Annual Water Supply and Demand Assessment Report (Annual Report) to DWR on or before July 1, 2022, and every year thereafter. The annual assessment must be conducted according to a written decision-making process determined by individual water suppliers. The City’s written decision-making process is outlined in the City’s 2020 Water Shortage Contingency Plan (Attachment B), which was adopted by City Council on June 8, 2021, as part of the City’s 2020 Urban Water Management Plan.
Assessment Procedure
The assessment required the analysis of current year and projected year water supply and demand. The City currently obtains its potable water supply from a combination of treated local groundwater and imported water from the Metropolitan Water District of Southern California (MWD), which is purchased to supplement local water supplies. The CWC requires water utilities to assess available water supplies under a representative single dry year. Per the 2020 Urban Water Management Plan, local groundwater supply available during a single, worst-case dry year is approximately 6,755 acre-feet per year
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(AFY). Relative to previous years, the local groundwater supply in 2024 (2,863 AFY) was lower than the past due to: 1) Santa Monica Well 4, the highest producing groundwater well in the Olympic Well Field, was taken offline due to operational issues; and, 2) the Arcadia Water Treatment Plant (WTP) was offline for extended periods for construction of the Arcadia WTP production efficiency enhancement and expansion.
Since construction at Arcadia WTP was completed in April 2025, which is prior to the start of the project year (July 1, 2024), there are no anticipated outages during the projected year. This results in the projected year local groundwater supply equating to 6,755 AFY. For imported water supplies, the assessment assumes only MWD’s Tier 1 water supply allotment of 7,406 AFY is available. The total available supply for the projected 2025 year is therefore 14,161 AF (6,755 AFY local supply + 7,406 AFY MWD Tier 1 allotment).
A conservative approach was used for the projected year demands, as the intent of the assessment and requirements of the CWC are to ensure urban water suppliers are able to maintain reliable water supplies for a projected dry year. Constrained demands for the projected year for all categories were calculated using averages of previous years’ (2020-2024) constrained demand. This projection ensures the City is prepared for a high demand coupled with a dry year (seen in 2020-2022), while accurately reflecting recent usage (seen in 2024). The unconstrained demand was calculated by increasing the constrained demand value by 20%. Unconstrained demand is defined by the CWC as water demand absent any water supply and demand restrictions (e.g., water conservation programs). The 20% increase accounts for water usage that would occur without any water conservation activities. Unconstrained water demand for the current and projected year is summarized in Table 1.
Table 1: Current Year and Projected Year Unconstrained Water Demands Type
Current Year
Unconstrained
January – December 2024
(AF)
Projected Year
Unconstrained
June 2025 – July 2026
(AF)
Single Family
Residential 2,895 3,185
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Multi-Family
Residential 5,354 5,705
Industrial/
Commercial 2,860 2,829
Institutional 328 342
Landscape Irrigation 527 560
Fire Service 10 5
Water Loss - -
Demand 11,974 12,626
Assessment Results
The results of the annual water supply and demand assessment show that without water shortage response actions (e.g. 20% water conservation target), a 12% water supply surplus is projected for the next year. A 12% surplus equates to the State’s Standard Shortage Level 0 (no shortage). The shortage due to the difference in projected unconstrained demand and water supply is summarized in Table 2.
Table 2: Assessment Results without Water Shortage Response Actions for Projected Year
Total (AF)
Anticipated Unconstrained Demand
(without Stage 2 Water Shortage conservation efforts)
12,626
Anticipated Total Water Supply 14,161
Surplus/Shortage without Water Shortage Response Actions1 2,525 % Surplus/Shortage without Water Shortage Response Actions1 12% State Standard Shortage Level 0
1 Shortage is indicated by a negative number/percentage; surplus is indicated by a positive number/percentage.
Although the assessment results indicate a State Standard Shortage Level 0, the City recommends staying in Stage 2 for the following reasons:
• Staying in Stage 2 helps the City achieve its long-term water goals to reduce its reliance on imported water supplies and increase local control of water production costs.
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• On the state level, the Water Conservation Act of 2009 (Senate Bill X7-7) requires water suppliers in California to increase their water use efficiency, and CA Executive Order B-37-16: Making Water Conservation a California Way of Life focuses on water conservation to permanently reduce per capita water use. • If the Stage 2 Shortage was lifted, water demand would increase and result in increased purchase of imported water, which could impact water rates and potentially lead to a heavier burden on the City’s rate payers.
The City has remained in a Stage 2 Water Shortage Level since 2014 and has consistently maintained 20% reductions in water demand from 2013 water usage levels.
The City’s Water Shortage Contingency Plan utilizes the same shortage levels as the State and includes water shortage response actions for a Stage 2 shortage. These actions include water use allowance on bills, restriction/enforcement on irrigation runoff or water waste, water use efficiency public outreach through social media and other media outlets, water conservation rebates such as turf replacement, and water use efficiency consultations. The goal of these actions is to reduce water demand by 20% from the 2013 baseline year. Revised results of the assessment with the water shortage response actions incorporated for an estimated 20% reduction in water demand (i.e. “constrained” demand) are tabulated in Table 3.
Table 3: Assessment Results with Stage 2 Water Shortage Response Actions for Projected Year
Total (AF)
Anticipated Constrained Demand 10,101
Anticipated Total Water Supply 14,161
Revised Surplus with Water Shortage Response Actions 4,060 Revised % Surplus with Water Shortage Response Actions 32% Environmental Review
The City’s annual water shortage assessment is categorically exempt from CEQA pursuant to Section 15307 and Section 15308 of the CEQA Guidelines. Section 15307 exempts (Class 7) actions taken by regulatory agencies as authorized by state law or
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local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Section 15308 exempts (Class 8) actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The intent of the Annual Water Shortage Assessment is to assess available water supplies against demands in an effort to protect the environment. Therefore, the assessment is exempt from CEQA pursuant to Section 15307 and Section 15308 of the CEQA Guidelines.
Commission Action and Public Outreach
The annual water supply and demand assessment written decision-making procedures include a presentation of the annual assessment to the Commission on Sustainability, Environmental Justice, and the Environment. On March 17, 2025, Staff presented the annual water supply and demand assessment findings to the Commission on Sustainability, Environmental Justice, and the Environment.
Public participation is required as part of the annual water supply and demand assessment procedures which include the item to be presented at a public meeting and provide the opportunity for the public to comment. Public notification for the item was posted in the Santa Monica Daily Press on April 15, 2025.
Past Council Actions
Meeting Date Description
06/08/2021
(Attachment B)
Public Hearing and Adoption of the City of Santa Monica’s 2020 Urban Water Management Plan and Water Shortage Contingency Plan.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.
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Prepared By: Dinaz Kureishy, Civil Engineering Assistant Approved Forwarded to Council
Attachments:
A. Draft 2025 Annual Water Shortage Assessment Report
B. June 8, 2021 Staff Report (Web Link)
C. Resolution - 2025 Annual Water Shortage Assessment
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2025 ANNUAL WATER SUPPLY AND
DEMAND ASSESSMENT
DRAFT
MARCH 2025
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Packet Pg. 567 Attachment: Draft 2025 Annual Water Shortage Assessment Report (6833 : 2025 Annual Water Supply and Demand Assessment) City of Santa Monica Draft 2025 Annual Water Shortage Assessment Report TABLE OF CONTENTS Page ii
Table of Contents
1 INTRODUCTION .....................................................................................................................1-1
1.1 California Water Code Requirements ...........................................................................................1-1
1.2 Water System Overview .....................................................................................................................1-2 2 ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT............................................2-1
2.1 Decision-making process....................................................................................................................2-1
2.2 Key Data Inputs ......................................................................................................................................2-2
2.2.1 Water Demand........................................................................................................2-3
2.2.2 Water Supply...........................................................................................................2-9 3 Supply and Demand Assessment Results and Recommendations.......................3-1
3.1 Recommended Water Shortage Response Stage .....................................................................3-1
3.2 Ongoing Reassessments......................................................................................................................3-6 Figures
Figure 1-1. Potable Water System Overview............................................................................................1-3 Figure 1-2. Components of the 2018 Sustainable Water Master Plan .........................................1-5 Tables
Table 2-1. Annual Water Supply and Demand Assessment Process..............................................2-2 Table 2-2. Constrained Water Demand by Sector in Acre-Feet (2019-2023)............................2-3 Table 2-3. Current Year and Projected Year Demands (Potable)....................................................2-8 Table 2-4. Current Year and Projected Year Demands (Recycled Water)................................ 2-10 Table 2-5. Current Year and Projected Year Potable Supply.......................................................... 2-13 Table 2-6. Current Year and Projected Year Recycled Water Supply......................................... 2-14 Table 3-1. Assessment Results without Water Shortage Response Actions...............................3-1 Table 3-2. Water Shortage Stages and Reduction Targets .................................................................3-2 Table 3-3. Summary of Water Shortage Stages and Conditions.......................................................3-2 Table 3-4. Summary of Stage 1 and Stage 2 Water Shortage Response Actions.......................3-3 Table 3-5. Assessment Results with Stage 2 Water Shortage Response Actions .....................3-6
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Packet Pg. 568 Attachment: Draft 2025 Annual Water Shortage Assessment Report (6833 : 2025 Annual Water Supply and Demand Assessment) City of Santa Monica Draft 2025 Annual Water Shortage Assessment Report List of Acronyms Page iii
List of Acronyms
AF Acre-Feet
AFY Acre-Feet Per Year
AMI Advanced Metering Infrastructure
AWSDA
AWTF
Annual Water Supply and Demand Assessment
Advanced Water Treatment Facility
CWC California Water Code
DWR Department of Water Resources
GAC Granular Activated Carbon
GSP Groundwater Sustainability Plan
MG Million Gallons
MGD Million Gallons Per Day
MTBE Methyl Tert-Butyl Ether
MWD Metropolitan Water District of Southern California
PFAS Per- and Polyfluoroalkyl Substances
SGMA Sustainable Groundwater Management Act of 2014
SMB Santa Monica Basin
SMBGSA Santa Groundwater Basin Groundwater Sustainability Agency SMURRF Santa Monica Urban Runoff Recycling Facility
SWIP Sustainable Water Infrastructure Project
SWMP Sustainable Water Management Plan
SWRCB State Water Resources Control Board
RO Reverse Osmosis
TBA Tert-Butyl Alcohol
WCU Water Conservation Unit
WSCP Water Shortage Contingency Plan
WRD Water Resources Division
WTP Water Treatment Plant
WUA Water Use Allowance
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Packet Pg. 569 Attachment: Draft 2025 Annual Water Shortage Assessment Report (6833 : 2025 Annual Water Supply and Demand Assessment) City of Santa Monica Draft 2025 Annual Water Shortage Assessment Report INTRODUCTION 1-1
1 INTRODUCTION
This report summarizes findings from the City of Santa Monica (City) 2025 Annual Water Supply and Demand Assessment (AWSDA). The AWSDA is required by the California Water Code (§10632.1) to analyze current water supply and demand conditions as well as project water supply reliability each year. In doing so, AWSDA’s serve as a tool to help identify potential water supply shortages and to implement water shortage response actions to mitigate possible supply gaps.
Beginning in 2022, the California Water Code (§10632.1) required urban water suppliers to conduct an AWSDA and submit an annual water shortage assessment report to the California Department of Water Resources (DWR) on or before July 1 of each year. The annual water shortage assessment report evaluates water supply reliability over the following year and provides an explanation of the process, data, and results of the assessment.
1.1 CALIFORNIA WATER CODE REQUIREMENTS
The City’s 2025 AWSDA was performed in compliance with California Water Code (CWC) requirements. Guidelines for the AWSDA can be found in CWC Section 10632 and a brief summary is provided below.
CWC §10632.1 An urban water supplier shall conduct an annual water supply and demand assessment pursuant to subdivision (a) of Section 10632 and, on or before July 1 of each year, submit an annual water shortage assessment report to the department with information for anticipated shortage, triggered shortage response actions, compliance and enforcement actions, and communication actions consistent with the supplier’s water shortage contingency plan. An urban water supplier that relies on imported water from the State Water Project or the Bureau of Reclamation shall submit its annual water supply and demand assessment within 14 days of receiving its final allocations, or by July 1 of each year, whichever is later.
CWC §10632(a)(2) The procedures used in conducting an annual water supply and demand assessment that include, at a minimum, both of the following:
(A) The written decision-making process that an urban water supplier will use each year to determine its water supply reliability.
(B) The key data inputs and assessment methodology used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year, including all of the following:
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(i) Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable.
(ii) Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier.
(iii) Existing infrastructure capabilities and plausible constraints. (iv) A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment. (v) A description and quantification of each source of water supply.
The written decision-making process used to determine water supply reliability and key data inputs and assessment methodology used for the 2025 AWSDA are detailed in Section 2 of this report, Annual Water Supply and Demand Assessment.
1.2 WATER SYSTEM OVERVIEW
The City’s current domestic water supply consists of local groundwater and purchased imported water (either from the State Water Project or the Colorado River) from the Metropolitan Water District of Southern California (MWD). The City extracts local groundwater from ten active groundwater wells located in the Santa Monica Groundwater Basin (SMB). Five of these wells are located in the Charnock subbasin, two are located in the Olympic subbasin, and three are located in the Arcadia subbasin. Three of the five wells located in the Charnock subbasin are pretreated at the Charnock Water Treatment Plant (Charnock WTP) to remove volatile organic carbon compounds from historical industrial pollution and then blended with the two other Charnock wells prior to being pumped to the Arcadia Water Treatment Plant (Arcadia WTP) for further treatment. Groundwater pumped from the Olympic and Arcadia subbasins are also treated at the Arcadia WTP. The Arcadia WTP provides multi-barrier treatment to the majority of the City’s groundwater wells to reduce hardness in the groundwater and meet all federal and state drinking water regulations. Only one groundwater well, SM-1, located in the Arcadia subbasin is distributed, after disinfection at the well head, directly into the water distribution system as it does not require any additional treatment to meet federal and state drinking water regulations. Final treated water from the Arcadia WTP is sent to the 5-million-gallon (MG) Arcadia Reservoir and distributed for potable water use throughout the City. In addition to the Arcadia Reservoir, the City also owns and operates three additional water storage reservoirs representing a total storage capacity of 40 MG: Riviera Reservoir, Mt. Olivette Reservoir, and San Vincente Reservoir.
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The City supplements its local groundwater supply with imported water purchased from MWD. The City, along with 12 other local governments, formed the MWD in 1928. MWD was originally created to build the Colorado River Aqueduct to supplement the water supplies of the original founding members in Southern California. Water was first delivered to the City in 1941 via the Colorado River Aqueduct. In 1972, MWD augmented its supply sources to include deliveries from the State Water Project via the California Aqueduct. Today, MWD serves more than 145 cities and 94 unincorporated communities across Southern California.
An overview of the existing domestic potable water system is shown in Figure 1-1.
Figure 1-1. Potable Water System Overview
The City also has a dedicated recycled water system that provides service to 30 metered locations currently. The primary use of recycled water is for landscape irrigation but is also used for street sweeping, sewer jetting, and for lavatories at two facilities. Recycled water is distributed from the Santa Monica Urban Runoff Recycling Facility (SMURRF), which
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captures and treats urban runoff from the storm drain system, and the Sustainable Water Infrastructure Project (SWIP), which captures and treats wastewater and stormwater.
In November 2018, City Council adopted an updated Sustainable Water Master Plan (SWMP). The intent of the 2018 SWMP update was to refine the pathway for the City to reduce its reliance on imported water. The refined pathway also considered impacts of ongoing drought conditions as well as new regulations that required additional treatment for restoring local groundwater supplies. The 2018 SWMP builds on the City’s previous successes by continuing to develop projects and programs at the local level to enhance the reliability and resiliency of the City’s water supply. The 2018 SWMP consisted of three key components and a brief summary on progress is listed below. • Component 1 – Increasing water conservation efforts to permanently reduce water demand. The City developed its first Water Conservation Master Plan that was completed March 2024 aimed to realign, post pandemic, and increase water conservation efforts to permanently reduce water demand. • Component 2 – Developing sustainable and drought resilient alternative water supplies. A ribbon cutting ceremony was held for the City’s SWIP in November 2022 and began full operations in December 2023, after accelerating regulatory testing for groundwater recharge operations for the majority of 2023. The SWIP leverages stormwater, dry weather urban runoff, brackish groundwater, and municipal wastewater to provide up to 1,650 acre-feet per year of sustainable, drought resilient water supply to the City’s water supply portfolio. The City is also making progress on enhancing the production efficiency at the Arcadia WTP through concentrate recovery by implementing the first municipal installation of Flow Reversal Reverse Osmosis (FR-RO) that would provide an additional 1,200 acre-feet per year of drinking water for the City and set to be completed by April 2025.
• Component 3 – Expanding local groundwater production within sustainable yield limits. To maximize local groundwater supplies, the City is constructing a new well head treatment facility to remove industrial contaminants in the Olympic Well Field and restore it to full production capacity. The new Olympic Advanced Water Treatment Facility is scheduled for completion by April 2025.
When fully implemented, the projects outlined in the 2018 SWMP will provide a diversified, drought-resilient water supply portfolio that leverages all available water resources to the City. The key components of the SWMP are listed below and shown in Figure 1-2.
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5 Annual Water Shortage Assessment Report
INTRODUCTION1-5
Figure 1-2. Components of the 2018 Sustainable Water Master Plan
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2 ANNUAL WATER SUPPLY AND DEMAND ASSESSMENT
AWSDAs analyze current water demand and supply conditions and project water supply reliability over the next year. To analyze current water demand and supply, City staff compiled water use and water supply data over the previous calendar year (i.e., January 1, 2024 to December 31, 2024) to project the current year’s trends for water demand and supply. This information, in combination with other considerations such as anticipated growth, weather patterns, State and local regulations and policies, and other plausible factors, were then used to project demand and supply over the next year. Because annual water shortage assessment reports are due by July 1st of each year, the projected water demand and supply is for the period from July 1, 2025, to June 30, 2026. The CWC requires the projected assessment period to be a dry year. The following sections detail the decision-making process and data inputs used for the AWSDA and water shortage assessment report.
2.1 DECISION-MAKING PROCESS
CWC §10632 requires AWSDAs to be conducted according to a written decision-making process. The City’s written decision-making process is outlined in the City’s Water Shortage Contingency Plan (WSCP), which serves as the City’s action plan during an actual or predicted drought or a catastrophic water supply shortage. The process includes:
• Presenting the findings to the City’s Commission on Sustainability, Environmental Justice, and the Environment (formerly the Task Force on the Environment) • Public notification regarding the proposed water supply shortage stage, water shortage response actions, and upcoming City Council meeting for the Public Hearing; and
• Formal adoption of the annual water shortage assessment report findings and proposed water supply shortage stage by City Council.
A timeline for the decision-making process is provided in Table 2-1.
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Table 2-1. Annual Water Supply and Demand Assessment Process Month Activity
January City of Santa Monica Water Resources Division’s (WRD) commences the annual water supply and demand assessment
February WRD presents annual assessment findings and proposed water supply shortage stage to the Commission on Sustainability, Environmental Justice, and the Environment
March WRD prepares an annual water shortage assessment report and proposed water supply shortage stage, if any, to the Public Works Department Head for approval
April Public notification regarding proposed water supply shortage stage, water shortage response actions, and upcoming City Council meeting
May/June WRD presents annual water shortage assessment report findings and proposed water supply shortage stage to City Council for formal adoption by resolution
On or before
July 1st
WRD submits a final water shortage assessment report to the State of California Department of Water Resources (DWR)
2.2 KEY DATA INPUTS
CWC §10632 requires the following data inputs and assessment methodology to be used to evaluate the urban water supplier’s water supply reliability for the current year and one dry year:
• Current year unconstrained demand, considering weather, growth, and other influencing factors, such as policies to manage current supplies to meet demand objectives in future years, as applicable. Unconstrained demand is defined by the CWC as “water demand absent any water supply and demand restrictions”. • Current year available supply, considering hydrological and regulatory conditions in the current year and one dry year. The annual supply and demand assessment may consider more than one dry year solely at the discretion of the urban water supplier. • Existing infrastructure capabilities and plausible constraints (e.g., shutdown of the City’s water treatment plant for extended durations or unforeseen extended outages of the City’s groundwater production wells).
• A defined set of locally applicable evaluation criteria that are consistently relied upon for each annual water supply and demand assessment. • A description and quantification of each source of water supply.
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The following sections describe these inputs in detail.
2.2.1 Water Demand
Water usage for the City is tracked by six customer categories: Single-Family Residential, Multi-Family Residential, Commercial/Industrial, Institutional, Landscape, and Fire Service.
Predominate water use in the City is by residential users, which account for more than twothirds of the City’s total water consumption. Within the residential users, total water usage in the multi-family residential category (roughly 45% of total) is significantly higher than the total water usage of single family residential (roughly 24% total).
Commercial/industrial water consumption is approximately 24% of the total water usage within the City. The other three sectors (institutional, landscape, and fire service) combined account for approximately 7% of total water use in the City. Table 2-2 summarizes the constrained water demand in the City over the last five years in acre-feet (AF). An acre-foot is defined as the volume of water that would cover one acre of land to a depth of one foot. Constrained demand is calculated by subtracting the water demand reduction (e.g., the City’s water conservation program) from the unconstrained demand.
The City’s water conservation efforts to date equates to approximately 20% of the unconstrained water demand.
Table 2-2. Constrained Water Demand by Sector in Acre-Feet (2020-2024) 2020 2021 2022 2023 2024
Single Family
Residential 2,756 2,845 2,577 2,246 2,316
Multi-Family
Residential 4,944 4,752 4,613 4,228 4,283
Industrial/
Commercial 2,100 2,131 2,458 2,340 2,288
Institutional 273 267 289 278 262
Landscape
Irrigation 438 576 469 337 421
Fire Service 2 3 3 5 8
Water Loss 66 - 192 1,001 -
1 Constrained
Demand2
10,579 10,574 10,601 10,435 9,578
1Water Loss Audit has yet to be completed for 2024.
2Demand summarized in this table are actual water demand (or constrained water demand as defined by DWR), which includes water demand reduction from water conservation efforts.
Compared to 2023, single family and multi-family residential water usage in 2024 increased by 70 AF and 55 AF, respectively. The industrial/commercial sector experienced
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a decrease in usage of 52 AF. Institutional usage decreased by 16 AF, while landscape usage increased by 84 AF. Fire service usage increased by 3 AF.
Likely contributors to the increase in water usage for 2024 for the residential sectors and landscape irrigation include record high temperatures in the state, which lends itself to increased water usage indoors and outdoors. The decrease in usage for the industrial/commercial sector and institutional sector could be caused by the closure of businesses throughout the City.
The water demand summarized in Table 2-2 also considered water loss in the water distribution system. Distribution system water loss, defined as the difference between water supplied to the system less authorized consumption, has declined linearly during this reporting period. The City meets the Water Loss Audit Standard through its participation in annual water audits. The audits are validated by an independent thirdparty according to American Water Works Association standards. In 2020, 2022, and 2023 the total water loss was 66 AFY, 192 AFY, and 1,001 AFY, respectively. However, in 2021 water consumption exceeded water supplied, and therefore it is assumed that water loss was 0 AFY in 2021.
The discrepancy for water consumption exceeding water supplied has been attributed to several factors. First, the City maintains a manual meter reading process over a 60-day billing cycle so there is a lag in consumption data relative to source water entering the system. Second, the metering of the source water entering the City’s distribution system are in multiple locations. The City’s potable water supply has four sources entering the system: imported water from two MWD feeder services (SMN-01 and SMN-02) and local treated groundwater from Santa Monica Well 1 and the Arcadia WTP. MWD’s two feeder service lines both have dedicated flowmeters and are maintained by MWD. Santa Monica Well 1 has a dedicated magnetic flowmeter. The Arcadia WTP does not have a single flowmeter for the potable water produced. Rather, treated water flow from the Arcadia WTP is calculated using a composite of multiple internal flowmeters at the Arcadia WTP.
These internal flows originate from internal bypass flows and RO product flows, with each meter subject to its own margin of error. It is likely that the discrepancies in reporting are due to compounded inaccuracies from the various flow meters when tabulated.
As part of the Arcadia WTP Expansion Project, the City installed a single potable water flow meter at the inlet to the Arcadia Reservoir to provide a single data source and more accurately measure potable water produced by the Arcadia WTP entering the distribution system. The flow meter has been operational since October 2023. In addition, the City is upgrading water meters on the customer’s end with Advanced Metering Infrastructure (AMI) throughout the distribution system with full implementation across the City by June 2025. The new meter at the Arcadia WTP will allow for more accurate flow production
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accounting while the AMI smart meters provide for real-time water demand monitoring in the distribution system as opposed to the current 60-day meter reading cycle.
2.2.1.1 Water Conservation
The City has a long history of promoting water conservation. In 2002, the City initiated its Water Efficiency Strategic Plan and in 2004 began implementing various conservation programs including the No Water Waste and Green Building Ordinances. On August 12, 2014, City Council adopted a resolution declaring a Stage 2 Water Supply Shortage thereby requiring mandatory water conservation to achieve a 20% reduction in water use compared to 2013. Subsequently, on October 28, 2014, Council also authorized the significant expansion of staffing and funding to augment the City’s water conservation efforts to address the state-wide drought and help the City reduce its reliance on imported water supplies. The City has remained in a Stage 2 Water Shortage since 2014, which has contributed to a water demand reduction of approximately 20% or approximately 2,500 acre-feet per year (AFY). More recently, the City implemented tighter outdoor watering restrictions in July 2022, limiting outdoor watering to two days per week in response to severe drought conditions across the State of California.
Water Demand Management is achieved through implementation of various water conservation and efficiency programs designed to permanently reduce residential and commercial potable water use. Continuation of existing and implementation of proposed conservation measures are essential for the City to reduce overall use in the face of increased demand pressures from new housing and from the commercial and institutional sectors of the local economy. Below is a list of some of the key conservation measures currently being implemented:
• Water Neutrality Ordinance (SMMC 7.16.050): On July 1, 2017, the City’s Water Neutrality Ordinance went into effect which caps water use for new developments to the average five-year historical water use for that individual parcel. If the projected annual water use for the development is greater than existing parcel’s annual average over the past five years, the increased amount must be offset by funding water-efficient retrofits of existing buildings elsewhere in the City. Offset retrofits currently include low-flow indoor fixtures (toilets, urinals, showerheads, aerators). The ordinance applies to pools, ponds, spas and other water features as well. This ordinance was developed and is implemented by Water Conservation Unit (WCU) staff. Implementation includes performing over 500 development project plan checks each year along with determining fees and managing a full-scale Water Neutrality Direct Install program.
• Recycled Water Ordinance (SMMC 7.12.170): On January 1, 2023, the City’s recycled water ordinance went into effect which requires all new development within the recycled water service area and with a total floor area of 7,500 square feet or more
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to utilize 100% recycled water for surface irrigation and/or dual- plumbing applications, as applicable, serving all non-potable water demands within the development. This includes applications using potable water that can be replaced with recycled water like landscaping, water features, toilet flushing, and cooling towers.
• Water Use Allowances (WUAs): The WUA is a component of the WSCP and is the mechanism to implement the mandatory reduction required by a Water Supply Shortage. WUAs represent the amount of water that can be used by a water customer without risk of receiving an exceedance citation (see below). The WUA for the current Stage 2 Water Supply Shortage is 20% below the amount of water used in 2013. Every water customer in the City receives a WUA uniquely calculated for each billing period.
• Water Use Allowance Exceedance Citations: A water customer can receive an administrative citation for exceeding their WUA for any given billing period. Citation fees are $250 for the first exceedance, $500 for the second exceedance (within 12 months of the first) and $1,000 for the third exceedance (within 12 months of the second). Since 2015, over 1,300 WUA Exceedance Citations have been issued. • Water Use Consultations: WCU staff make onsite visits to customers to validate water meter readings and comprehensively audit indoor water use (measuring flush and flow fixtures, appliances, checking for leaks, behaviors) and outdoor water use (irrigation system, checking for leaks, behaviors). Recommendations for saving water are documented and sent to the customer. Consultations have resulted in the discovery and repair of major leaks, adjustment of irrigation system timers, installation of low-flow devices (aerators and showerheads [free]), toilets and urinals (rebates), and water-use behavior changes. This program is free of charge for any Santa Monica water customer. Since 2015, over 700 consultations have been provided to City customers.
• Landscape Rebate Program: The City’s most successful rebate program provides rebates for customers that replace their turf grass and overhead spray irrigation with sustainable, drought tolerant, and low-water alternatives using landscapes with no or drip irrigation only. Santa Monica’s unique landscape rebate requirements establish effective water conservation, provide successful and maintainable projects, and ensure an aesthetically pleasing landscape. Since 2015, over 940 rebate projects have been completed removing over 1.5 million square feet of turf at a program cost of $3.5 million.
• Landscape Consultants: The WCU has partnered with professional landscape professionals who meet with potential landscape rebate customers at their property and provide expert advice on sustainable landscaping and completing a rebate. This
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service is $50 for a two-hour consultation. Since 2015, over 620 Landscape Consultations have been completed. Note: This program was halted in 2020 due to COVID-19 budget cuts.
• Water Waste Response: WCU staff enforces SMMC 7.16.020, the “No Water Waste” ordinance. Responses to inbound water waste complaints are handled immediately, and proactive patrols in the community provide on-site detection of water waste. A Notice of Violation is issued to the water customer with Citations issued as needed if the water waste continues. Since 2015, over 1,500 Notices of Violations have been issued.
• MWD Water Conservation Rebates: As a member-agency of the MWD, the City participates in the MWD’s program to provide rebates for high efficiency toilets, urinals, clothes washers, restaurant appliances, irrigation devices and other devices.
Since 2015, the WCU has increased the supplemental funding added to MWD’s base rebate amounts to further incentivize installation of these water-conserving devices.
Since 2015, over 8,000 devices have been rebated.
• Free Water Saving Items: WCU staff has distributed thousands of water saving items to Santa Monica water customers since 2015. These items include low-flow faucet aerators, low-flow showerheads, automatic shut-off hose nozzles, toilet leakdetection dye tabs, shower buckets, flow-rate bags, and reusable canvas bags. The WCU also provides free tent cards and door hangers for hotels/motels to encourage water conservation by guests through reusing towels and sheets. These free items are available in the City Hall and are also distributed at outreach events. Since 2015, over 17,000 water saving devices have been distributed. • Customer Support: WCU staff provides excellent customer phone and email support every workday regarding any water conservation issue or program. Approximately 300 phone calls and emails from Santa Monica water customers are received and responded to each year.
Depending on funding, additional conservation measures that are planned for implementation over the next five years include:
• Water Conservation Programs Master Plan: An overall master plan was developed to provide a more detailed water conservation framework and benefit/cost analysis of existing and proposed programs.
• Marketing/Messaging Program for “Conservation as a Way of Life”: A water conservation marketing campaign will be created with messaging aligned with the State’s “Making Water Conservation a California Way of Life.” Drought -related information will also become part of the messaging.
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• Targeted Commercial Sector Programs: Restaurants, hotels, and medical facilities are the highest commercial users of water in the City. As such, outreach and support programs will be developed for one-on-one audits, evaluations, process recommendations, and rebate incentives for fixtures/devices to provide meaningful water savings in these specific sectors. An outside contractor may be used to develop and implement these programs.
• Performance Pays: This effort will leverage Metropolitan Water District’s Water Savings Incentive Program for unique, innovative water conservation programs.
Potential projects include pump pods for fire department trainings and cooling tower retrofits with new technology.
• School District Retrofits via Water Neutrality Direct Install Program: The scope of properties where the Water Neutrality Direct Install program retrofits fixtures will be expanded from residential and CII to include all City campuses of the Santa Monica-Malibu Unified School District.
• Irrigation System Audit and Repair: Much of the outdoor water waste occurs due to incorrect watering schedules programmed in customer’s irrigation timers/controllers (i.e., overwatering). In addition, leaks and broken sprinklers heads go unnoticed as irrigation is typically run at night and not observed. This potential program will utilize a contractor to provide extensive outdoor audits and make necessary timer adjustments and simple repairs to save water.
2.2.1.2 Unconstrained Demand
The CWC requires water suppliers to estimate the current year’s unconstrained demand as part of the AWSDA. Unconstrained demand is water demand absent any water supply or demand restrictions (e.g., voluntary or mandatory conservation). Water suppliers then use the current year unconstrained demand, while also considering other factors such as weather and population growth, to project demand for the twelve-month period following the July 1st AWSDA deadline (i.e., July 1 to June 30).
Table 2-3 summarizes the current year and projected year unconstrained demands as well as constrained demands, derived by subtracting an estimated 20% conservation savings.
This 20% reduction is contributed to water conservation activities, which the City has consistently achieved or exceeded since 2014. Constrained demand for the current year is included from Table 2-2.
Table 2-3. Current Year and Projected Year Demands (Potable)
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Current Year
Unconstrained
January –
December
2024
(AF)
Projected Year
Unconstrained
June 2025 –
July 2026
(AF)
Current Year
Constrained
January –
December
2024
(AF)
Projected
Year
Constrained
June 2025 –
July 2026
(AF)
Single Family
Residential 2,895 3,185 2,316 2,548
Multi-Family
Residential 5,354 5,705 4,283 4,564
Industrial/
Commercial 2,860 2,829 2,288 2,263
Institutional 328 342 262 274
Landscape
Irrigation 527 560 421 448
Fire Service 10 5 8 4
Water Loss - - - -
Demand 11,974 12,626 9,578 10,101
The City used a conservative approach for the projected year demands, as the intent of the AWSDA and requirements of the CWC are to ensure urban water suppliers are able to maintain reliable water supplies for a projected dry year. Constrained demands for the projected year (July 1, 2025 through June 30, 2026) for all categories were calculated using averages of previous years’ (2020-2024) constrained demand. This projection ensures the City is prepared for a high demand coupled with a dry year (seen in 2020-2022), while accurately reflecting recent usage (seen in 2024).
As temperatures continue to rise due to climate change, California is likely to experience warming by 2 degrees Fahrenheit or more by 2040. Higher temperatures are likely to result in increased water use from year to year.
2.2.1.3 Recycled Water Demand
The City has a dedicated recycled water system that provides service to 30 metered locations. The primary use of recycled water is for landscape irrigation, but it is also used for street sweeping, sewer jetting, and for lavatories at two facilities. With the implementation of the City’s recycled water ordinance, projected water demand is expected to increase over the coming year as new developments requiring recycled water
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come online. The SWIP was completed in November 2022, which can produce up to 1,650 acre-feet per year of advanced treated recycled water. Due to advanced water quality testing for a groundwater replenishment permit from the SWRCB, Regional Water Quality Control Board, the City was unable to serve advanced treated recycled water from the SWIP for non-potable reuse until December 2023. The City plans to implement groundwater recharge operations using advanced treated recycled water from SWIP beginning in April 2025. Table 2-4 tabulates the current year and projected year demands for advanced treated recycled water.
Table 2-4. Current Year and Projected Year Demands (Recycled Water) Current Year
January – December
2024
(AF)
Projected Year
July 2025 – June
2026
(AF)
Non-Potable Reuse 54 65
Aquifer Recharge (Direct Injection)1 0 320
Total Demand 54 385
1Aquifer injection estimated to begin in April 2025.
2.2.2 Water Supply
The City currently purchases imported water from MWD to supplement its local water supplies. The City is one of 26 retail agencies served by MWD and receives imported water at two locations: the Arcadia WTP and the Charnock WTP. Both connections are 24 inches in size and are capable of serving 100% of the City’s potable water needs. The City’s Tier 1 imported water supply limit from MWD has been 7,406 AFY since 2016, and the City has been well under this limit in the past 10 years since the Charnock Well Field Restoration Project was completed in 2010 that restored local groundwater supplies. Additional MWD supply beyond the Tier 1 limit is also available to the City at a higher Tier 2 water supply rate.
The California Water Code requires AWSDAs to evaluate water supply reliability for the current year and one dry year. Relative to previous years, the local groundwater supply in 2024 was lower than average. The lower local production was a result of two factors. First, Santa Monica 4 (SM-4), the highest producing well in the City’s second largest producing groundwater aquifer, the Olympic Well Field, was taken offline due to operational issues.
The other factor that contributed to lower groundwater supply in 2022, 2023, and 2024 was the Arcadia WTP temporarily being taken offline during construction of the Arcadia WTP Expansion Project. The Arcadia WTP is the City’s primary drinking water treatment
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facility that treats local groundwater supplies. The expansion project will upgrade the Arcadia WTP to improve production efficiency from 82% to 90% or more and increase the treatment capacity from 11 million gallons per day (MGD) to a maximum 13 MGD. This project is scheduled to be completed by April 2025.
To assess supplies under a single dry year (drought year), the City used the available water supply estimate from the drought risk assessment performed as part of the 2020 Urban Water Management Plan. The drought risk assessment projected that under a single, worstcase dry year, the City’s local groundwater supply was approximately 6,755 AF, which equates to the lowest five-year running average for the City’s water supply from 2010 to 2020. The 2010-2020 time period was chosen because it is after the City completed the Charnock Well Field Restoration Project in 2010 and is more representative of current operating conditions (e.g., available groundwater supply and annual MWD imported water use).
2.2.2.1 Existing Infrastructure Capabilities and Plausible Constraints In addition to evaluating water supply reliability for the current year and one dry year, the California Water Code also requires suppliers to consider existing infrastructure capabilities and plausible constraints. As previously mentioned, construction will be occurring at the City’s Arcadia WTP through April 2025. However, any construction related shutdowns will not impact the Projected Year calculations, since construction will cease prior to July 2025.
2.2.2.2 Regulatory Considerations
Over 20 years ago, Methyl tert-Butyl Ether (MTBE) and Tert-Butyl Alcohol (TBA), compounds once used as gasoline additives, were detected in three of the Charnock Subbasin wells. These contaminants shutdown production from the Charnock Sub-basin, the City’s largest groundwater supply, until the completion of the Charnock Well Field Restoration Project. The treatment from this project uses Granular Activated Carbon (GAC) filtration, from coconut shells, to successfully treat MTBE and TBA concentrations to levels well below the Maximum Contaminant Level of 5 ppb. As a part of the Charnock Well Field Restoration Project, additional treatment processes were also added at the Arcadia WTP including greensand filtration, RO, and decarbonation to provide multi-barrier treatment for the local groundwater.
More recently in April 2019, the State Water Resources Control Board (SWRCB) investigated source water wells in California most vulnerable to Per- and polyfluoroalkyl substances (PFAS) contamination. This included those near airports and landfills, and later those near secondary sources of PFAS activities. The SWRCB did not require Santa Monica to sample its sources. However, the City proactively sampled the City’s Drinking Water sources, and Perfluorooctanoic acid was detected in the Olympic Well Field. This compound was in addition to 14 other synthetic organic constituents of potential concern, including trichloroethylene, tetrachloroethylene, 1,4-dioxane, and 1,2,3-Trichloropropane, identified
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in the Olympic subbasin as a result of historical industrial contamination. The City is required to demonstrate compliance with the SWRCB, Division of Drinking Water Process Memo 97-005-R2020 – Revised Guidance for Direct Domestic Use of Extremely Impaired Sources to utilize the Olympic subbasin as a drinking water source. As part of maintaining compliance, the Arcadia WTP expansion will also include the new Olympic Wellfield Restoration Project to remove these constituents through ultraviolet-advanced oxidation processes and two-stage GAC and amend the City’s drinking water permit to perform continuous wellfield monitoring for these substances, including PFOA.
In May 2017, the Cities of Santa Monica, Los Angeles, Beverly Hills, and Culver City, and Los Angeles County signed a Memorandum of Understanding to form the Santa Monica Basin Groundwater Sustainability Agency (SMBGSA). The SMBGSA is tasked with implementing an ongoing sustainable groundwater management program for the SMB in conformance with California’s Sustainable Groundwater Management Act (SGMA) of 2014. A key piece of this program is the development of a Groundwater Sustainability Plan (GSP), which was approved by the SMBGSA in January 2022.
The GSP is the first comprehensive groundwater assessment and management plan specific to the SMB, which has been identified as a medium-priority groundwater basin by the California DWR. The SMBGSA is required to provide a description of the sustainable management criteria that will be used for the basin. As part of the GSP, sustainable management criteria (e.g., sustainable yield) and interfaces with neighboring groundwater basins (e.g., West Coast Basin and Central Basin) for the SMB was assessed. Projected groundwater levels calculated using a calibrated groundwater model indicate that at a production rate of 9,000 AFY, groundwater elevations will decline and recover based on the volume of recharge available in the SMB. The first GSP was submitted to the California Department of Water Resources on January 2022 and approved on October 2023. The City has already begun implementing projects to aid in maintaining sustainability of the SMB, including groundwater recharge with advanced treated recycled water from SWIP, advancing monitoring wells to eliminate data gaps and refine groundwater modeling efforts, and expanding water conservation programs to permanently reduce water demand.
2.2.2.3 Projected Available Water Supply
Current year and projected year supply used for the AWSDA are provided in Table 2-5. The current year supply includes shutdowns related to local groundwater supply during the Arcadia WTP Expansion Project in 2024. Due to construction shutdowns, local groundwater production was limited, and the City purchased larger quantities of water from MWD. Under normal operating conditions, the City does not purchase Tier 2 water from MWD, however due to the length of the shutdowns in 2024, Tier 2 water was required.
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The projected year water supply includes existing infrastructure capabilities, plausible constraints, and regulatory considerations described above. The projected year local groundwater supply is equated to the water supply from the drought risk assessment (6,755 AF), to account for a severe drought scenario. The water supply from the drought risk assessment is the lowest five-year running average for water supply from 2010 to 2020. As a conservative approach, the projected supply assumes that only MWD’s Tier 1 supply is available.
Table 2-5. Current Year and Projected Year Potable Supply Current Year
January – December 2024
(AF)
Projected Year
July 2025 – June 2026
(AF)
Local Groundwater 2,863 6,755
MWD Tier 1 7,406 7,406
MWD Tier 2 599 -
Total Supply 10,868 14,161
2.2.2.4 Projected Available Recycled Water Supply
In 2001, the City began operating the SMURRF to treat dry-weather urban runoff that was previously discharged into Santa Monica Bay from the Pier and Pico-Kenter storm drains.
The SMURRF is operated by Santa Monica, though operating costs and revenues are shared jointly with the City of Los Angeles, as a Best Management Practice facility. Treated water from SMURRF is sent through a City-wide recycled water distribution system that serves parks, medians, Woodlawn Cemetery, and dual-plumbed buildings for toilet flushing. The non-potable water is also used by City operations for street sweeping, sewer jetting, and pressure washing. Due to upgrades being made at SMURRF, the facility is currently offline.
In addition to SMURRF, the City began using the SWIP Advanced Water Treatment Facility (AWTF) to supply non-potable customers in December 2023. The SWIP AWTF is the City’s first wastewater treatment facility and is able to produce up to 1 MGD, on average, of advanced treated recycled water (approximately 10% of the City’s water supply).
Construction was completed in 2022; however, the City opted to complete advanced water quality testing to obtain a groundwater replenishment permit from the SWRCB, Regional Water Quality Control Board, which was successfully obtained in December 2023.
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Currently, advanced treated recycled water is being used to meet non-potable reuse demands. The advanced treated recycled water will also be used to augment the groundwater aquifer at the Olympic Well Field via direct aquifer injection beginning in April 2025. The City is also exploring the potential for direct potable reuse in the future following SWRCB implementation of DPR regulations in December 2023. Table 2-6 summarizes the current year and projected year recycled water supplies available to the City.
Table 2-6. Current Year and Projected Year Recycled Water Supply Current Year
January – December 2024
(AF)
Projected Year
July 2025 – June 2026
(AF)
SMURRF1 0 Up to 560
SWIP 533 Up to 1,120
Total Recycled Supply 533 Up to 1,680
1Offline due to construction.
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Packet Pg. 588 Attachment: Draft 2025 Annual Water Shortage Assessment Report (6833 : 2025 Annual Water Supply and Demand Assessment) City of Santa Monica Draft 2025 Annual Water Shortage Assessment Report Supply and Demand Assessment Results and Recommendations 3-1 3 Supply and Demand Assessment Results and
Recommendations
Results of the AWSDA comparing anticipated unconstrained demand and total water supply for the projected year are summarized in Table 3-1. A shortage is indicated by a negative number/percentage, while a surplus is indicated by a positive number/percentage.
Table 3-1. Assessment Results without Water Shortage Response Actions Total (AF)
Anticipated Unconstrained Demand 12,626
Anticipated Total Water Supply 14,161
Surplus/Shortage w/out Water Shortage Response Actions1 2,525 % Surplus/Shortage w/out Water Shortage Response Actions 12% State Standard Shortage Level without Water Shortage Response Actions Level 0 (No Shortage)
1 Shortage is indicated by a negative number/percentage; surplus is indicated by a positive number/percentage.
Results indicate that without water shortage response actions, a 12% water supply surplus is projected for the next year. A 12% water supply surplus indicates a State’s Standard Shortage Level 0 (No Shortage) per the WSCP where necessary actions (e.g., water conservation) are not required to be taken to enhance the reliability and resiliency of the available water supply. However, the City recommends staying in a Stage 2 shortage, where conservation is required and a key component to meet the City’s goal of reducing its reliance on imported water supplies as discussed further below.
3.1 RECOMMENDED WATER SHORTAGE RESPONSE STAGE
The City’s WSCP utilizes the same water shortage levels as the State and includes water shortage response actions for each stage. The City’s water shortage stages and associated water use reduction targets from the City’s WSCP are provided in Table 3-2.
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Packet Pg. 589 Attachment: Draft 2025 Annual Water Shortage Assessment Report (6833 : 2025 Annual Water Supply and Demand Assessment) City of Santa Monica Draft 2025 Annual Water Shortage Assessment Report Supply and Demand Assessment Results and Recommendations 3-2 Table 3-2. Water Shortage Stages and Reduction Targets
Water
Shortage
Stage
Shortage
Level
Water Shortage
Condition
Water Use
Restrictions
City-wide Use
Reduction Goal
Stage 1 ≤10% Minimal Voluntary 10%
Stage 21 10-20% Moderate Mandatory 20%
Stage 3 20-30% Significant Mandatory 30%
Stage 4 30-40% Severe Mandatory 40%
Stage 5 40-50% Critical Mandatory 50%
Stage 6 >50% Catastrophic Mandatory >50%
1Recommended Water Shortage Stage
The recommended Stage 2 Water Shortage Stage includes mandatory water use restrictions with a City-wide use reduction goal of 20% compared to the 2013 water use baseline. Water shortage conditions and actions implemented as part of a Stage 2 Water Shortage Stage are provided in Table 3-3 and Table 3-4.
Table 3-3. Summary of Water Shortage Stages and Conditions Water
Shortage
Stage Water Shortage Level Water Shortage Condition
Stage 1 Up to 10% Using more than 50% of MWD Tier 1
allowance for imported/purchased water
and/or MINIMAL decrease in local ground
water supply
Stage 2 Up to 20% Using more than 50% of MWD Tier 1
allowance for imported/purchased water
and/or MINIMAL decrease in local ground
water supply
Stage 3 Up to 30% Using more than 70% of MWD Tier 1
allowance for imported/purchased water
and/or SIGNIFICANT decrease in local ground
water supply.
Stage 4 Up to 40% Using more than 80% of MWD Tier 1
allowance for imported/purchased water
and/or ADVANCED decrease in local ground
water supply.
Stage 5 Up to 50% Using more than 90% of MWD Tier 1
allowance for imported/purchased water
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Packet Pg. 590 Attachment: Draft 2025 Annual Water Shortage Assessment Report (6833 : 2025 Annual Water Supply and Demand Assessment) City of Santa Monica Draft 2025 Annual Water Shortage Assessment Report Supply and Demand Assessment Results and Recommendations 3-3 Water
Shortage
Stage Water Shortage Level Water Shortage Condition
and/or SEVERE decrease in local ground
water supply.
Stage 6 > 50% Exceeding MWD Tier 1 allowance for
imported/purchased water and/or
CATASTROPHIC decrease in local ground
water supply.
Table 3-4. Summary of Stage 1 and Stage 2 Water Shortage Response Actions Water
Shortage
Stage Action
Estimated
Reduction
Stage 1 Offer Water Use Surveys 1% - 2%
Stage 1 Provide Rebates on plumbing fixtures and devices 1% - 2% Stage 1 Provide Rebates for landscape irrigation efficiency 1% - 2% Stage 1 Provide Rebates for Turf Replacement 1% - 2%
Stage 1 Landscape – Restrict or prohibit runoff from landscape irrigation 1% - 2%
Stage 1 Landscape – Limit landscape irrigation to specific times 1% - 2% Stage 1 CII – Restaurants may only serve water upon request 1% - 2% Stage 1 Water Features – Restrict water use for decorative water features, such as fountains 1% - 2%
Stage 1 Pools and Spas – Require covers for pools and spas 1% - 2% Stage 1 Other – Customers must repair leaks, breaks, and malfunctions in a timely manner 1% - 2%
Stage 1 Other – Additional conservation measures by City staff 1% - 2% Stage 1 Other – Irrigation Association’s Best Management Practices for all City landscaped areas 1% - 2%
Stage 1 Other – Immediate notification by City staff of any leaks seen on City property or private property 1% - 2%
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Packet Pg. 591 Attachment: Draft 2025 Annual Water Shortage Assessment Report (6833 : 2025 Annual Water Supply and Demand Assessment) City of Santa Monica Draft 2025 Annual Water Shortage Assessment Report Supply and Demand Assessment Results and Recommendations 3-4 Water
Shortage
Stage Action
Estimated
Reduction
Stage 1 Other – Immediate notification by City staff of any leaks seen on City property or private property 1% - 2%
Stage 2 Other – Continued implementation of Stage 1 actions 10% - 20% Stage 2 Other – Implement Water Use Allowances (WUAs) for a 20% reduction from the amount of water used in 2013. 10% - 20% Stage 2 Expand Public Information Campaign 1% - 10%
Stage 2 Increase Water Waste Patrols 1% - 10%
The goal of water shortage response actions is to reduce demand and enhance the reliability of the City’s water supply. For a Stage 2 Shortage, the City’s WSCP identifies a list of actions that aim to reduce water demand in the City by 20%. The City has been in a Stage 2 water shortage stage since 2014 and has consistently achieved 20% reductions in water demand. The estimated reduction in water demand resulting from Stage 2 actions for the projected year is approximately 2,417 AF. This reduction is the difference between the projected year’s unconstrained and constrained demands (see Table 2-4).
In addition to water demand reduction, water supply augmentation may also be used as a water shortage response action. The City plans to use Tier 2 imported water supply from MWD as a supply augmentation action during prolonged, planned local groundwater supply outages (e.g., shutdown of the Arcadia WTP or the Charnock Well Field). As previously discussed, the Arcadia WTP was temporarily offline for construction and during these outages, additional water from MWD, beyond the City’s Tier 1 allocation was purchased to supplement the City’s supply. The proposed supply augmentation budget allowed from the MWD Tier 2 is 5,600 AF, which is equivalent to the current year’s highest six consecutive month total supply and coincides with how long planned outages in local water supplies may last (e.g., construction at the Arcadia WTP or replacement of groundwater wells). Tier 2 water is not listed as a water shortage response action in Table 3-4 because it would only be used in certain circumstances (e.g., planned construction) and is not tied to customer water usage. The WSCP will be revised as part of the 5-year review period in 2025 to reflect the addition of supply augmentation as a water shortage response.
The City recommends staying In a Stage 2 Shortage for a variety of reasons:
• First, the Water Conservation Act of 2009 (Senate Bill X7-7) required water
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Packet Pg. 592 Attachment: Draft 2025 Annual Water Shortage Assessment Report (6833 : 2025 Annual Water Supply and Demand Assessment) City of Santa Monica Draft 2025 Annual Water Shortage Assessment Report Supply and Demand Assessment Results and Recommendations 3-5 suppliers in California to decrease urban gallons per capita water (GPCD) use by 20% by the year 2020. The City met this goal (target was 123 GPCD; actual was 103 GPCD), and by staying in a Stage 2 Shortage, the City would be able to continue meeting this requirement.
• Second, if the Stage 2 Shortage was lifted, water demand could increase due to the public’s perception of relaxed conservation requirements, thus increasing the purchase of imported water, and difficult to restore conservation efforts and practices when it is needed again. This could impact water rates and potentially lead to a heavier burden on the City’s rate payers.
• Third, while California has seen heavy rain the past few winters, this does not completely alleviate the long-term impacts of the most recent drought or the state’s chronic water supply challenges. Forecasters at the National Oceanic and Atmospheric Administration say that the La Niña weather pattern has a 59% chance of persisting from February – April. The last La Niña event contributed to the state’s three straight dry years from 2020 to 2023. While the rain events have been beneficial for the State Water Project (imported water from Northern California), Southern California’s other major imported water supply from the Colorado River has yet to recover from over 20 years of drought conditions, and studies suggest the Colorado River may not recover in our lifetime.
• Lastly, rulemaking to Make Conservation a California Way of Life will establish water use efficiency goals for urban retail water agencies and likely result in increasing water use reduction targets. By maintaining current water conservation efforts will help the City meet future water reduction goals.
Staying in a Stage 2 Water Shortage is prudent for the City in order to maintain demand reduction so that we are prepared for the next inevitable, extended dry period.
The severe drought California has faced since 2020, paired with the heavy rains of 2023, 2024, and thus far in 2025, showcase that climate change results in greater variability and volatility of weather patterns. Investments in the City’s water supply resiliency are necessary to mitigate against these extreme weather events. The SWIP and Arcadia WTP Expansion are examples of the City’s efforts in adapting the City’s water portfolio to climate change impacts. The SWIP leverages stormwater, when it is available during wet weather events, and municipal wastewater to produce purified water to recharge local groundwater aquifers. The Arcadia WTP will improve production efficiencies to produce additional drinking water without increasing local groundwater pumping through first-of-its-kind, high-efficiency Flow Reversal RO technology. Both projects are expected to be online within the projected year. Coupled with water conservation activities and AMI, these components represent the culmination of the 2018 SWMP to improve water resiliency, selfsufficiency, and sustainability.
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Packet Pg. 593 Attachment: Draft 2025 Annual Water Shortage Assessment Report (6833 : 2025 Annual Water Supply and Demand Assessment) City of Santa Monica Draft 2025 Annual Water Shortage Assessment Report Supply and Demand Assessment Results and Recommendations 3-6 The long-term vision of the City is to center on water conservation, per CA Executive Order B-37-16: Making Water Conservation a California Way of Life. Local conservation goals are detailed in the City’s Water Conservation Master Plan. Implementing cutting edge projects, along with great water conservation efforts from the public, the City is able to prepare for the future. Table 3-5 highlights the benefits of remaining in a Stage 2 Shortage representing a 32% surplus in water supply.
Table 3-5. Assessment Results with Stage 2 Water Shortage Response Actions Total (AF)
Projected Year Supply (Local Groundwater and MWD Tier 1 Supply) 14,161 Total Supply 14,161
Projected Unconstrained Demand 12,626
Benefit from Stage 2 Water Demand Reduction Actions (2,525) Constrained Demand 10,101
Revised Surplus w/ Water Shortage Response Actions
(Total Supply – Constrained Demand)
4,060
Revised % Surplus w/ Water Shortage Response Actions 32%
3.2 ONGOING REASSESSMENTS
The City has been providing monthly water production and conservation reports to the SWRCB since July 2014 to comply with the statewide drought emergency water conservation regulation. While the emergency regulation expired in November 2017, the City continues to report voluntarily. Monthly reports became mandatory again in October 2020 after the SWRCB adopted a new regulation on Monthly Urban Water Conservation Reporting. The new reporting regulation requires monthly reporting of key elements and additional information during water shortages. The reports, compiled by the City, include information on residential water use, total potable water production, measures implemented to conserve water and improve efficiency, and local enforcement actions. The reports are submitted to the SWRCB’s Drinking Water Information Clearinghouse online portal.
Over the next few years, the City will also be upgrading its water meters with AMI, which will allow real-time water demand monitoring as opposed to the current 60-day meter reading cycle. Past studies have shown AMI to reduce water demand by as much as 5-7% of the total water supply. The City is completing three master planning documents: a
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Packet Pg. 594 Attachment: Draft 2025 Annual Water Shortage Assessment Report (6833 : 2025 Annual Water Supply and Demand Assessment) City of Santa Monica Draft 2025 Annual Water Shortage Assessment Report Supply and Demand Assessment Results and Recommendations 3-7 Water Master Plan, a Water Conservation Master Plan, and a Recycled Water Master Plan.
These master plans will help identify water system improvements over the next ten years, refine the implementation of water conservation measures to further reduce water demand, and plan for the expansion of the recycled water system.
On the water supply side, the City’s WRD provides monthly water production reports to interested parties within the City. The reports include information on well production, finished local water production and imported water purchased. Staff will continue monthly monitoring of water supplies to assess water shortage conditions.
On the recycled water supply side, the future recycled water supply capability far exceeds projected demand. Through 2026, it is anticipated that the SMURRF and SWIP AWTF will operate to meet non-potable demand and aquifer recharge demand at only one injection well. To maximize the use of advanced treated recycled water, the City is constructing one additional injection well by 2026 and analyzing potential sites for future injection wells.
Finally, the City is exploring the potential for direct potable reuse following implementation of regulations by the SWRCB in December 2023 to further enhance the reliability and resiliency of the City’s water supply portfolio.
As an adaptive management plan, the WSCP will be refined as part of the next Urban Water Management Plan revision to ensure it continues to effectively address potential water shortage conditions. On an ongoing basis, using the reports and compliance tracking process described above, any necessary changes to the WSCP will be identified. In addition, as a part of annual demand and supply assessments, the WSCP will be reviewed with refinements incorporated as needed.
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Packet Pg. 595 Attachment: Draft 2025 Annual Water Shortage Assessment Report (6833 : 2025 Annual Water Supply and Demand Assessment) City Council Meeting May 27, 2025 Santa Monica, California RESOLUTION NUMBER ____________(CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ADOPTING THE 2024 ANNUAL
WATER SHORTAGE ASSESSMENT REPORT
WHEREAS, the California Legislature enacted Assembly Bill 1414 amending Sections 10608.34, 10609.20, 10609.22, 10609.24, 10609.26, 10621, 10631, and 10632.1 of, and to add Section 10609.25 to, the California Water Code; and WHEREAS, Section 10632.1 of the California Water Code requires an urban water supplier to conduct an annual water supply and demand assessment and submit an annual water shortage assessment report to the California Department of Water Resources consistent with the supplier’s water shortage contingency plan by July 1 of each year; and
WHEREAS, the City of Santa Monica is an urban supplier of water; and WHEREAS, the City of Santa Monica water shortage contingency plan requires annual water shortage assessment reports to be adopted by City Council after public review and a public hearing, and filed with the California Department of Water Resources by July 1 of each year; and
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Packet Pg. 596 Attachment: Resolution - 2025 Annual Water Shortage Assessment (6833 : 2025 Annual Water Supply and Demand Assessment) WHEREAS, the City of Santa Monica has prepared and circulated for public review a draft 2025 annual water shortage assessment report, and provided findings from the report to City Council on May 27, 2025; and
WHEREAS, the City Council has reviewed and considered the contents of the draft 2025 annual water shortage assessment report and determined that it complies with Section 10632 of the California Water Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Recitals above are incorporated herein by this reference.
SECTION 2. The City Council finds that the City is in conformance with all applicable requirements of Section 10632 of the California Water Code.
SECTION 3. The City Council hereby adopts the City's 2025 annual water shortage assessment report.
SECTION 4. The Water Resources Manager is hereby authorized and directed to file the 2025 annual water shortage assessment report with the California Department of Water Resources by July 1, 2025.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution of the City Council, 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. 597 Attachment: Resolution - 2025 Annual Water Shortage Assessment (6833 : 2025 Annual Water Supply and Demand Assessment) City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 4.M
1 of 3
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Adoption of a Resolution Amending the Council Rules of Procedure Recommended Action
Staff recommends that the City Council adopt:
1. the attached resolution amending the Council Rules of Procedure to account for modification to rules for public input; and
2. a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.
Summary
At the May 13, 2025 City Council meeting, Council approved modifications to the Council rules of order and procedure that included the discontinuation of time donation for public comment and directed staff to return with a modification to include more flexibility for members of the public to use their allotted 6 minutes for public comment per meeting. In addition, staff recommends providing clarifying language to certain previously adopted rules and correcting incorrect language and typographical errors.
Discussion
At the January 10, 2023 Council meeting, Council adopted a public comment method to:
hear general public input at the beginning of meetings; consolidate public comment on Special Agenda, Closed Session and Consent Calendar items; and consolidate comments on remaining agenda items, except for Public Hearing item(s) when they will be heard when the item(s) are called. However, Council did not make any adjustments to time limits or time donation to align with this new process.
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2 of 3
In an effort to streamline and bring more efficiency to Council meetings, staff recommended at the May 13, 2025 Council meeting that the practice of time donation be discontinued. In order to address issues of concerns with the perception of the erosion of the ability of members of the public to speak more fully on particular items they may feel more passionately concerned about, staff proposed the possibility of finding ways to permit more flexibility with the allotted six minutes for public comment during a meeting. Council directed staff to return with a proposal to implement such a rule. Staff is recommending that Council adopt a rule to allow members of the public to speak up to a maximum of four minutes, if speaking on only one agenda item, per meeting.
In addition, staff recommends the following changes:
• Rule 4. MEETINGS TO BE PUBLIC - EXCEPTION FOR CLOSED SESSIONS.
Amend the third paragraph to state that the Mayor shall provide the report out on closed session matters involving the City Manager, City Attorney, and City Clerk. • Rule 5 (c). AGENDA. Amend to clarify that agendas and supporting documents for special meetings shall be delivered to Councilmembers at least 24 hours prior to the meeting.
• Rule 6 (o). Public Comment on Remaining Agenda Items. Amend to include quasi-judicial items as an exception.
• Rule 12 (i). Limitation of Debate. Delete “Prior to beginning deliberation, the Council may, by a two-thirds vote of those present, limit the amount of time that each Councilmember may spend stating the Councilmember’s views on a particular Agenda item.” This is addressed in Rule 12 (j) regarding time limits for Councilmembers to speak on agenda items.
• Rule 21 (a). TYPES OF MOTIONS. Amend to clarify that it is the Mayor or Presiding Officer who shall read back a motion made by a Councilmember and that said motion shall be corroborated as accurate by the maker of the motion prior to discussion or taking a vote on the motion.
• Rule 24 (g). PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.
Amend to delete “City Clerk” to be consistent with Rule 21(a).
Environmental Review
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3 of 3
The proposed resolution is exempt from the provision of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines (common sense exemption). The resolution is covered by the common sense exemption which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The resolution would not result in any adverse physical environmental effects as it encompasses rules or order and procedure of Council meetings. Therefore, the resolution is exempt from CEQA and no further environmental review under CEQA is required.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Nikima Newsome, City Clerk
Approved Forwarded to Council
Attachments:
A. Proposed Resolution
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Packet Pg. 600
1 City Council Meeting: May 27, 2025 Santa Monica, California RESOLUTION NO. ____________(CCS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE RULES OF ORDER AND PROCEDURE FOR
THE CONDUCT OF CITY COUNCIL MEETINGS AND REPEALING
RESOLUTION NUMBER 11661 (CCS)
WHEREAS, the Council desires to clarify and amend some procedural Rules for the preparation for and conduct of Council meetings.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council Rules of Order and Procedure are hereby amended to read as follows:
RULES FOR CITY COUNCIL MEETINGS
RULE 1. RULES OF ORDER.
These Rules of Order shall govern the conduct of all City Council meetings, unless superseded or prohibited by federal, state, or local law. To the extent a matter is not covered by these Rules, the procedures of the City Council shall be governed by the latest revised edition of Robert’s Rules of Order. Robert’s Rules shall be subordinate to all applicable laws and these rules to the extent they are inconsistent. These rules also apply to the Council sitting as or in combination with another body, such as the Housing Authority Board, Redevelopment Successor Agency, Financing Authority, or Parking Authority, and to all boards and commissions.
The City Council rules, or any one thereof, may be suspended by a vote of twothirds of the Councilmembers present.
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Packet Pg. 601 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 2 RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.
Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the City Council establishes the second and fourth Tuesdays of each month as the days for holding regular meetings of the City Council. The Council may amend the meeting calendar to add or delete a regular Council meeting. The regular meeting shall commence at 5:30 p.m. However, if it is determined by the Mayor, City Manager, and City Clerk that a Council meeting is expected to be lengthy, and all Councilmembers are available, as may be noticed by the City Clerk, a regular Council meeting may commence earlier than 5:30 p.m. to allow for closed session and/or special agenda items to be heard then. If it is expected that Closed Session will require more than 90 minutes to complete, and if all Councilmembers are available, a separate special meeting to complete Closed Session shall be considered. If any such Tuesday falls on any day designated by law by the City Council as a day for public feast, Thanksgiving or holiday, such regular meeting shall be held on the date of the regular meeting next following said Tuesday at the hour heretofore fixed or at such other day as may be fixed. The City Council Chamber in City Hall is established as the place for holding the City Council’s regular meetings.
RULE 3. QUORUM AND ACTION
In accordance with Section 614 of the Santa Monica City Charter, 4 Councilmembers shall constitute a quorum for the transaction of business. Except as otherwise provided in the Charter, or other law or these rules, action shall be taken by a majority vote of the entire membership of the City Council, that is, at least 4 votes, unless a higher number is required. However, in the case of a quasi-judicial hearing, if only 4 Councilmembers are participating, the applicant or appellant shall be entitled to request
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Packet Pg. 602 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 3 and receive a continuance of the hearing, until such time as 5 Councilmembers are participating.
Whenever any Councilmember questions the presence of a quorum, the presiding officer shall forthwith direct the City Clerk to call the roll, each Councilmember shall respond when that Councilmember’s name is called, and the Clerk shall announce the result. Such proceedings shall be without debate, but no Councilmember who is speaking may be interrupted by a question as to the presence of a quorum.
The City Council may also establish standing committees and subcommittees of its members to address designated areas of City business on the Council's behalf and may establish ad hoc committees to formulate reports or recommendations on particular matters. Ad hoc committees must provide quarterly updates to Council, which shall be included on the Agenda by the City Clerk.
RULE 4. MEETINGS TO BE PUBLIC - EXCEPTION FOR CLOSED SESSIONS.
As required by the Ralph M. Brown Act (the “Brown Act”), California Government Code Sections 54950, et seq., all regular, adjourned regular, and special meetings of the City Council shall be public, provided, however, the City Council may meet in a Closed Session from which the public is excluded, for those purposes authorized by the Brown Act.
No Councilmember, employee of the City, or any other person present during a Closed Session of the City Council shall disclose to any person the content or substance of any communication that took place during the Closed Session unless the City Council specifically authorizes the disclosure by majority vote or unless the disclosure is required by law.
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Packet Pg. 603 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 4 Any required public announcements following closed session shall be made by the City Attorney, or Mayor on matters involving the City Manager, City Attorney or City Clerk, immediately upon the Council convening in open session following closed session.
Council direction to provide authority to settle a claim or lawsuit shall not be reported out until the settlement is signed and final.
RULE 5. AGENDA.
The City Clerk shall prepare the Agenda under the direction of the City Manager as follows:
(a) The City Manager shall consult with the Mayor and Mayor Pro Tempore in the preparation of the Agenda.
(b) Other than the City Manager, City Clerk, City Attorney (and/or their designees), Mayor, and Mayor Pro Tem, no person shall attend an Agenda preparation meeting without invitation of the City Manager.
(c) The Agenda and all available supporting documents shall be delivered to Councilmembers on the Tuesday preceding the Tuesday City Council meeting to which it pertains or as soon thereafter as possible. For special meetings, agendas and supporting documents shall be delivered at least 24 hours prior to the meeting. (d) The City Manager may direct that any matter within the City Council’s jurisdiction be placed upon the Agenda. The City Attorney may place items on the Agenda affecting the City Attorney’s Office or litigation closed session. Any Councilmember requesting a substantive discussion on an open session Agenda item shall do so by initiating a “16 item” first to obtain Council direction (see Rule 6(y)). Councilmembers shall submit Councilmember Agenda items to the City Manager as follows: (1) for regular
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Packet Pg. 604 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 5 meetings, by noon on Monday, 8 days prior to the Council meeting, to ensure matters will be agendized for the following Tuesday; and (2) for special meetings, by 3:00 p.m. on the day at least 2 days before the day of the special meeting. Subject to Brown Act requirements, items submitted after 3:00 p.m. on the specified day will be agendized for the next regular meeting, unless the Councilmember has identified an urgency requiring that the matter be added to the current Agenda. The City Manager shall be responsible for submission of real estate, labor (except for City Attorney and City Clerk evaluations), security, and emergency closed sessions; the City Attorney shall be responsible for submission of litigation closed session items, including amicus participation items. The City Attorney shall verify whether the requested closed session is a proper topic for closed session pursuant to the Brown Act before the item is published on an Agenda, and if not, it shall be omitted.
Proposed 16 Items shall be reviewed by the City Attorney and then the language modified, if necessary, to ensure the Item requests a policy direction or action that is lawful before being placed on the Agenda, and by the City Manager, and then the language modified, if necessary, to ensure the Item requests policy direction or action that is feasible, that is, reasonably possible given available resources. In the event there are concerns that the request is potentially unlawful or infeasible, then the City Attorney and City Manager shall work with the sponsor(s) to frame the request so that it is lawful and feasible, and still as closely as possible reflects the desired outcome of the sponsor(s).
Once a particular 16 Item is heard and rejected the same or substantially similar item may not be placed on a subsequent Agenda for reconsideration for 12 months, unless it is sponsored by one of the Councilmembers on the prevailing side previously.
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Packet Pg. 605 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 6 (See also Rule 12(g) – Motion to Reconsider.)
Councilmember items placed on the Agenda may be removed or amended by the sponsor(s), with the City Manager’s approval, no later than noon on Thursday, 5 days prior to the Council meeting. Staff sponsored items may be removed from the Agenda (or postponed) by the City Manager at any time prior to the start of the applicable Council meeting and shall be announced by the City Clerk following Roll Call. The City Attorney may also remove items the City Attorney placed on the Agenda at any time prior to the start of the applicable Council meeting and shall be announced by the City Clerk following Roll Call.
Councilmember items may only be combined with other items on the Agenda by a vote of the Council. A Councilmember who wishes to combine the Councilmember’s item with another item on the Agenda may direct that the following language be included with the Agenda item: “This item may be considered with Item __.” The City Manager may combine staff items on the Agenda to ensure the public’s business is handled efficiently and conveniently.
Proposed alternatives, other than minor variations, to items or portions of items on the Agenda shall be submitted in writing to the City Clerk for distribution no later than noon the day prior to the Council meeting; any alternatives submitted after the deadline may be considered by the Council only by unanimous consent, provided they are Brown Act compliant; otherwise, the amendment along with the main item may be considered at a subsequent meeting pursuant to an approved motion to continue. (e) The City Clerk shall post the Agenda as required by the Brown Act. Copies of the Agenda shall be posted on all City wayfinding kiosks, with the kiosk located in front
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Packet Pg. 606 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 7 of City Hall at the corner of Main Street and Olympic Drive, Santa Monica, California 90401 serving as the primary posting location. Should this kiosk be out of service, the kiosk located in front of Tongva Park at Ocean Avenue and Colorado Avenue shall serve as the backup posting location. Agenda material will be available in accessible format on the City website and in other alternative formats from the City Clerk upon request. The City Clerk shall maintain on file in the Clerk’s office declarations establishing compliance with the posting requirements.
(f) No action shall be taken on any item not appearing on the posted Agenda unless the item is added to the Agenda in the manner required by the Brown Act. (g) Matters directed to be placed on the Agenda at the direction of Councilmembers shall be listed on the Agenda in the order of receipt by the City Clerk. (h) Written requests to the City Council shall be received and opened by the City Clerk and referred to the City Manager or the Manager’s designee and either shall be transmitted to the appropriate board, commission, or staff member, or shall be placed on the Agenda if City Council consideration is deemed appropriate by the Mayor or City Manager. Written requests being agendized shall be scheduled for City Council consideration at the earliest convenient meeting, taking into consideration the length and content of meeting Agendas. Members of the public submitting written requests shall be advised of how their request is being handled. Councilmembers shall receive copies of those written requests that are not agendized. Agendized communications shall be listed on the Agenda in order of receipt. No communication shall be placed on an Agenda if it contains material that:
(1) Is profane.
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Packet Pg. 607 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 8 (2) Is potentially slanderous or libelous.
(3) Advocates or opposes the candidacy of any person or party for any elective office.
(4) Is primarily an advertisement or promotion or has as a substantial purpose the advancement of any cause the major benefit of which is private and not public.
Members of the public submitting written requests to the City Council are encouraged to limit their submissions to one per meeting.
(i) All electronic presentation materials intended for use at a City Council meeting, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by an overhead projector, must be received by the City Clerk no later than noon on the day of a City Council meeting. For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits.
(j) Any Councilmember or the City Manager may place an item on the Council Agenda to present a report from a board or commission that is within the board or commission’s subject matter authority that was duly approved by the board or commission. The request and the written or electronic materials to be distributed or displayed at the meeting must be provided to the City Clerk, the City Manager’s Office, and the sponsoring Department Staff Liaison by 3 p.m. Friday, 11 days before the Council meeting. When heard, the speaker for the board or commission shall be permitted up to 10 minutes to present, unless the Council by majority vote allows for a different time. The Council may question the speaker concerning the report and presentation. The speaker
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Packet Pg. 608 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 9 shall have an opportunity to respond to comments by the City Manager and Staff. The City Manager and Staff may also provide information concerning the presentation. The presentation will not be considered an action item, but the City Manager may combine it with an action item on the Agenda, and the Council may provide direction concerning the matters raised in the presentation. Action may be taken on matters raised in the presentation, subject to Brown Act compliance.
(k) Any Councilmember planning on being absent from a Council meeting or a portion of a meeting may submit written statements on a topic on the Agenda to the City Clerk at least by noon the day of the Council meeting. The City Clerk shall publish the written statement prior to the beginning of the meeting, and the City Clerk shall read the statement into the record at the meeting. This procedure shall not apply to quasi-judicial matters, wherein Councilmembers ordinarily shall not communicate about the matter prior to conclusion of a public hearing.
RULE 6. CATEGORIES AND ORDER OF BUSINESS.
The business of the City Council shall be conducted in the order and manner specified below. The order may be changed by a majority vote of those present. The following is the order of business:
(a) Call to Order.
(b) Salute to the Flag and Land Acknowledgement.
(c) Roll Call.
(d) Levine Act disclosures.
(e) City Clerk Agenda announcements and Agenda Procedural motions. (f) General Public Input and Comment on Special Agenda Items. Allows
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Packet Pg. 609 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 10 members of the public to address the City Council on Special Agenda Items and matters not otherwise on the Agenda that are within the City Council’s subject matter jurisdiction.
State law prohibits the City Council from taking any action on items not listed on the Agenda. As a result, no formal action may be taken on any matter under this item. (g) Special Agenda Items. This item includes proclamations, commendations, introductions of special guests, special meetings, appointments to the City Council and presentations and reports by other non-City public entities or legislative bodies. A Councilmember may place a proclamation or commendation on the agenda by submitting a request to the City Manager or the City Manager’s designee. No more than 2 proclamations or commendations shall be placed on any one agenda, unless an additional item is particularly time sensitive.
(h) Public Comment for Special Agenda Items, Consent Calendar, and Closed Session and Consent Calendar Items Only. No public comment is permitted on second readings of ordinances or continued items.
(i) Consent Calendar. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions and ordinances that do not necessitate a separate public hearing and which are determined in the Agenda preparation process to be relatively non-controversial.
Ordinances for second reading and adoption may be placed on the consent calendar if approved by a majority at first reading. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The title to the individual consent items need not be read unless a request to do so is made by any Councilmember. Members of the public shall have no more than one
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Packet Pg. 610 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 11 opportunity to address the City Council concerning any and all items on the consent calendar. Members of the public shall be heard prior to City Council consideration of the consent calendar. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the Agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session or Study Session.
Councilmembers shall notify the City Manager by 5 p.m. the day before the meeting that an item may be pulled for discussion or questions to Staff and request a presentation of an item on the Consent Calendar, or Staff will not be present for the item to make a presentation or answer questions. When the Clerk calls the Consent Calendar, the Clerk shall identify those items that Councilmembers have indicated they wanted to pull (by 5 p.m. the day before) and which Councilmembers have made the requests. Only those items shall be pulled for discussion, unless a Councilmember makes an additional request following the Clerk’s announcement.
(j) Closed Session.
(k) Reports and any Additional Public Actions from Closed Session. (l) City Manager’s Report.
(m) Councilmember Travel Announcements.
(n) Mayor’s highlight.
(o) Public Comment on Remaining Agenda Items. Allows members of the public to have the opportunity to speak on items on the Agenda before or during the City
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Packet Pg. 611 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 12 Council’s Consideration of the item, except on quasi-judicial items and where a public hearing is required by law.
(p) Study Session. During Study Sessions staff will present information regarding a complex matter that will be subject to Council deliberation and decisions in the future. No City Council action will be recommended or taken as part of the Study Session, other than to give direction to prepare and return with Agenda items in the future. (q) Continued Items. This item includes agendized items of a previous City Council meeting not considered at such meeting. The City Council may vote by a majority of its members to have a carry-over item placed on a subsequent Agenda as a continued item. If public comment on a continued item was concluded at the initial meeting, it shall not be repeated. Nonetheless, continued 16 Items shall be heard along with 16 items for the current meeting.
(r) Administrative Proceedings. This item includes proceedings requiring the City Council to make a quasi-judicial decision concerning an individual application or appeal.
(s) Ordinances.
(1) Second Reading and Adoption. No public comment is permitted on second readings.
(2) Introduction and First Reading.
(t) Staff Administrative Items. This category will include policy matters to be considered by the City Council or at joint meetings of the City Council, Parking Authority, Housing Authority, the Public Financing Authority and/or Redevelopment Successor Agency.
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Packet Pg. 612 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 13 (u) Public Hearings. This item consists of public hearings required by specific provisions of law. Public comment on a public hearing item shall be taken at the time the item is heard following the Staff presentation of the item. (v) Reports of Boards and Commissions. Boards and commissions that may present reports under this item and pursuant to rule 5(j) include, but are not limited to, all City boards, commissions, and task forces. Reports may also be provided by the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., and Santa Monica Travel and Tourism. Note this subsection provides for the location or timing of these items if placed on the Agenda, not the authority to place items on the Agenda, which is addressed elsewhere in these rules.
(w) Resolutions. A resolution will be considered under this item only if its substance makes extensive public input advisable, or if it should be considered after another item on the Agenda, otherwise the resolution will be considered on the Consent Calendar. No resolution may be placed on an agenda regarding international affairs, except for items of support or condolences for natural disasters or similar tragedies involving Santa Monica’s sister cities.
(x) Written Communication. This item allows the City Council to consider issues raised by written submissions from the public.
(y) Councilmember Requests for Discussion (16 items) and Closed Session Items. This category consists of Councilmember requested Agenda items to provide policy direction. Action and direction may occur on these items to the extent specified in the Agenda item. Councilmembers shall submit proposed Agenda items to the City Manager, who shall consult Councilmember sponsors, the City Attorney, City
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Packet Pg. 613 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 14 Clerk, and Staff as needed. No Councilmember requested resolutions or ordinances should be developed or drafted until a majority of the Council gives direction to the City Manager and/or the City Attorney. The City Manager will work with the Councilmember to decide if the item will be placed on the Agenda or address them in other ways.
Resolutions for advocacy would be an exception.
Councilmember requests for real estate and labor closed session items shall be submitted to the City Manager, and for litigation, including amicus participation, to the City Attorney.
The City Manager and City Attorney shall notify one another when Agenda item requests are made by Councilmembers.
With the exception of appointments to boards, commissions, and other bodies, all Councilmember discussion “16 items” on the Agenda shall be considered as one item, similar to the consent calendar, regardless of the number of matters and may be approved by a single vote. The title to the individual items need not be read unless a request to do so is made by any Councilmember. When the 16 items are called, Councilmembers may request to have individual matters removed for separate consideration. All remaining matters may be approved by a single vote. Any items removed shall be considered separately in the order of their appearance on the Agenda.
A Councilmember may place a 16 item on an agenda to consider a formal censure of a Councilmember for violation of the law, local ordinance, common law conflict of interest, Council rule, or resolution. Due process shall be provided, including notice of the allegations and an opportunity to oppose the accusation.
RULE 7. PREPARATION OF MINUTES.
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Packet Pg. 614 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 15 The City Clerk shall have exclusive responsibility for preparation of the Minutes, and any directions for corrections in the Minutes shall be made only by majority vote of the City Council.
RULE 8. APPROVAL OF MINUTES.
Minutes of a City Council meeting may be approved on the Consent Calendar without reading if the City Clerk has previously furnished each Councilmember with a copy and unless a reading is ordered by a majority vote of the City Council.
RULE 9. MAYOR AS PRESIDING OFFICER.
(a) The Mayor shall be the Presiding Officer at all meetings of the City Council.
In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the City Council to order and a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. (b) The Mayor shall be the official signatory on behalf of the Council for all Council approved ordinances, resolutions, contracts, proclamations, and letters of support or opposition, and shall promptly sign all documents presented by the City Clerk.
In the Mayor’s absence, the Mayor Pro Tempore shall sign such documents. Signing in an official capacity does not necessarily indicate personal support for the item. (c) Selection of Mayor and Mayor Pro Tempore. As required by Charter section 604, the Mayor shall be selected by the Council. The procedure for selection shall be as follows: Beginning in December 2022, the Council shall select the longest continuously serving Councilmember, whether initially elected or appointed, to serve as Mayor for a 1 year term. Each subsequent December the next longest continuously serving
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Packet Pg. 615 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 16 Councilmember shall be selected as Mayor for a 1 year term, then rotating each December to select the Mayor in order of the next longest serving Councilmember. If two or more Councilmembers were elected at the same election, the Councilmember receiving the higher number of votes shall be considered as having served longer for purposes of this provision. If two or more Councilmembers were initially appointed to serve at the same time, then when they each may first become eligible to be selected as Mayor, a coin flip shall decide who shall be considered as having served longer for purposes of this provision. The Mayor Pro Tempore may be selected by simple majority vote without regard to this provision. This provision shall not be subject to a suspension of the Council Rules, and shall be implemented until duly repealed or amended by the Council.
(d) The term “Vice Mayor” shall not be used in place of the term “Mayor Pro Tempore.”
RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Participation. The Presiding Officer may move, second, and debate from the chair, subject only to such limitations of debate as are imposed upon Councilmembers by these rules, and shall not be deprived of any of the rights or privileges of a Councilmember by reason of acting as the Presiding Officer. (b) Duties. The Presiding Officer shall:
(1) preserve order at all meetings of the City Council; (2) state (or cause to be stated) each question coming before the City Council;
(3) announce the decisions of the City Council on all subjects;
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Packet Pg. 616 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 17 (4) decide all questions of order subject to the right to appeal rulings on questions of order to the entire City Council in accordance with Rule 12(d) below; and
(5) encourage all persons present at the meeting to conform their conduct to the City's Civility Policy.
RULE 11. SWORN TESTIMONY AND SUBPOENA POWER.
Any Councilmember may request that anyone appearing before the City Council on any matter shall be sworn. On receipt of such a request, all proceedings shall be suspended, and the City Council will immediately vote on whether the individual should be sworn. A majority vote of the Councilmembers present shall determine whether the speaker shall be placed under oath. All oaths will be administered by the City Clerk.
The City Council shall have the power to issue subpoenas as provided in City Charter Section 614.
RULE 12. RULES OF DEBATE.
(a) Getting the Floor. A Councilmember desiring to speak shall gain recognition by the Presiding Officer.
(b) Questions to Staff. Councilmembers desiring to question City staff shall address their questions to the City Manager, the City Attorney, the City Clerk, or designated staff. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
(c) Interruptions. A Councilmember who has the floor shall not be interrupted when speaking unless the Councilmember called to order by the Presiding Officer, a point
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Packet Pg. 617 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 18 of order or a personal privilege is raised by another Councilmember, or the speaker chooses to yield to a question by another Councilmember. If a Councilmember is called to order, that Councilmember shall cease speaking until the question of order is determined. Whenever any person is called to order while speaking, such person shall be in possession of the floor after the question of order is decided, and may proceed with the matter under the discussion within the ruling made on the question of order. (d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilmember to appeal to the City Council. A speaker having the floor may be interrupted, when recognized by the Presiding Officer, to raise a point of order. Questions concerning procedures or other legal issues may be directed to the City Attorney for legal advice. If an appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be overruled?” The Presiding Officer's decision may be overruled by a two-thirds vote of the Councilmembers then present. The City Attorney may also raise a point of order to provide advice to the Council should there be a concern about procedures, due process, or other legal issues.
(e) Point of Personal Privilege. The right of a Councilmember to address the City Council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character, or motives are questioned, or where the safety or welfare of the City Council is concerned. A speaker having the floor may be interrupted, when recognized by the Presiding Officer, to raise a point of personal privilege. (f) Privilege of Final Comment. The Councilmember moving the introduction or adoption of an ordinance, resolution, or motion, shall have the privilege of speaking last on the matter after all other Councilmembers have been given an opportunity to
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Packet Pg. 618 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 19 speak.
(g) Motion to Reconsider Legislative Actions. A motion to reconsider any legislative action taken by the City Council may be made only by one of the Councilmembers on the prevailing side and may be seconded by any Councilmember.
Such motion may be made at any time and shall be debatable. A motion by a nonprevailing Councilmember or a request by a member of the public for reconsideration may be made only if one year has passed since the action was taken. (h) Calling for the Question. A question may be called by majority vote of those present. However, neither the moving party nor the party seconding any motion may call for the question, each Councilmember shall be afforded one opportunity to speak on each item before the question is called, and a question may not be called to interrupt or cut off a particular speaker.
(i) Limitation of Debate. Councilmembers shall limit their remarks to the subject under debate. Except for questions raised by another Councilmember to a Councilmember, no Councilmember shall be allowed to speak more than once upon any particular subject until every other Councilmember desiring to do so has spoken. Prior to beginning deliberation, the Council may, by a two-thirds vote of those present, limit the amount of time that each Councilmember may spend stating the Councilmember’s views on a particular Agenda item.
(j) Each Councilmember shall observe a time limit of 10 minutes each to speak on an agenda item, with exceptions for asking questions of the Councilmember(s) who introduced the item (both questioners and respondents) or staff. The 10 minutes may be used at once or apportioned across debate of an item. If the proposing Councilmember
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Packet Pg. 619 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 20 does not save a portion of their time to avail themselves of their privilege of final comment in accordance with Rule 12, Section (f), the Councilmember forfeits their privilege of final comment. Time limits in this Rule may be extended at any time by a 2/3rds vote of the Councilmembers present, and such an extension shall apply to all Councilmembers, if approved.
(k) Time to speak to a Point of Personal Privilege shall be limited to 1 minute. (l) Time to speak for a Councilmember’s protest statement in opposition to an action shall be limited to 5 minutes.
(m) Time to speak to a proclamation or commendation, excluding the reading of a resolution or certificate, shall be limited to 2 minutes.
RULE 13. PROTEST AGAINST CITY COUNCIL ACTION.
Any Councilmember shall have the right to have the reasons for the Councilmember’s opposition to any action of the City Council entered in the Minutes. Such opposition shall be made in the following manner: “I would like the Minutes to reflect that I opposed this action for the following reasons…” A written submission may be provided to the City Clerk to be included in the record.
RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.
On quasi-judicial matters, Councilmembers shall verbally disclose off-the-record contacts relating to the item, after the item is called and before City Council consideration of the matter. Disclosure shall include the identity of any individual(s) with whom the Councilmember had contact, and the nature of the contact.
RULE 15. PUBLIC TESTIMONY.
(a) Permitted. Pursuant to the Brown Act, public testimony is permitted on all
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Packet Pg. 620 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 21 Agenda items, except ordinances for second reading or as otherwise provided in these rules, and the public shall have an opportunity to comment on any matter that is not on the Agenda but is within the City Council’s jurisdiction. However, members of the public do not have the right to give testimony outside the scope of or unrelated to the Agenda item under consideration. Additionally, members of the public should strive to avoid unduly reiterating their own or others’ testimony.
(b) Registration. Any member of the public wishing to address the City Council regarding any item on the Agenda for public discussion shall register with the City Clerk staff prior to the start of the meeting, if possible. No registrations for public input will be accepted on an item after the input period is closed.
(c) Manner of Addressing the City Council. After being recognized by the Presiding Officer, members of the public addressing the City Council shall go to the podium, state their name and whom they represent, if they represent an organization or other person. Members of the public are encouraged, but not required, to also state their address, neighborhood, or city of residence. All remarks shall be addressed to the City Council as a whole and not to any individual member thereof. After a public hearing has been closed, no member of the public shall address the City Council on the matter under consideration without first securing City Council approval. (d) Written Public Comment. Those wishing to provide public comment are encouraged to submit it in writing via email to be viewed online. For written comments received by noon on the day of the Council meeting, best efforts shall be made to have them posted on the Council’s online Agenda. All written comments shall be made part of the public record.
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Packet Pg. 621 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 22 (e) Time Limits. Members of the public wishing to speak on more than one item shall limit their remarks to a total of 6 minutes per meeting unless the City Council grants additional time by majority vote. For purposes of Rule 15, any Council meeting that includes special meeting items and/or joint meetings with other entities shall be considered one meeting. A member of the public may allocate time between items in oneminute increments up to 2 minutes and those requesting to speak on only one agendized item for the meeting may speak for up to 4 minutes on that one item. Testimony given as an applicant or appellant does not count toward the 6-minute maximum. A Board or Commission member reporting to the City Council on behalf of a Board or Commission who was duly authorized to speak for the Board or Commission shall be limited to a maximum of 5 minutes to speak. Except on Written Communication, members of the public shall limit their remarks to 2 minutes for general public comment per public input section unless the City Council grants additional time by majority vote; however, except for noticed public hearings or quasi judicial items, if more than 25 speakers are registered to speak during a public input section, the amount of time shall be reduced limited to 1 minute per speaker during that section. The order in which members of the public provide remarks will be determined by the City Clerk, to the extent possible giving priority to K-12 students speaking on their own behalf. Persons speaking on another’s written communication and persons submitting late speaker requests, who receive permission to speak shall be limited to 1 minute. Speaker requests are considered late if received after the public input period has been opened. Upon opening the public input section, the City Clerk shall announce approximately how many speakers are registered to speak and the final name registered on the list. Should any other speakers sign up after the stated name
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Packet Pg. 622 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 23 and prior to the closing of the public input period, they shall be deemed late and shall be permitted to speak for 1 minute only with a motion approved with 5 votes of the Council.
On written communication, those speaking on another’s item may speak only if the person raising the matter appears and testifies. If the person who raises the item does not appear and testify, the matter shall be received and filed and persons wishing to speak on the matter may give their testimony during public input. Members of the public wishing to speak on more than one item shall limit their remarks to a total of 6 minutes per meeting unless the City Council grants additional time by majority vote. For purposes of Rule 15, any Council meeting that includes special meeting items and/or joint meetings with other entities shall be considered one meeting. A member of the public may allocate time between items in one-minute increments up to 2 minutes. Testimony given as an applicant or appellant does not count toward the 6-minute maximum. A Board or Commission member reporting to the City Council on behalf of a Board or Commission who was duly authorized to speak for the Board or Commission shall be limited to a maximum of 5 minutes to speak.
(f) Special Time Limits for Applicants and Appellants. Applicants and appellants on administrative items and public hearings shall limit their remarks to 10 minutes and may reserve some of their time for use for rebuttal at the conclusion of the public hearing. The appellant shall have the opportunity to address the City Council first and last.
(g) Special Time Limits for Special Agenda Items. Public testimony is permitted on the City Manager’s Report and Appointments to the City Council.
Proclamations, commendations, and appearances by special guests are ceremonial
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Packet Pg. 623 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 24 items. To ensure adequate time for the Council’s regular business, groups of honorees or guests, who wish to speak, should appoint one or two representatives to speak for them.
Honorees’ time to speak shall be limited to 2 minutes each. (h) Special Assistance for Those Who Cannot Wait to Speak. Members of the public, including those with special needs, who cannot wait to speak on an Agenda item may request assistance from the City Clerk, and a member of the Clerk's office will provide assistance in preparing a written statement of testimony for distribution to the City Council.
(i) Extended Time Limits for Speakers Who Require Interpreter. A member of the public who utilizes an interpreter to provide English language translation shall receive twice the time otherwise allotted under these rules. (j) Any electronic presentation materials presented as attachments to written public comment submitted by email for viewing online must be submitted in accordance with the time deadline set forth in Section 15(d) above. Electronic presentation materials will not be accepted in connection with public comment being provided by calling in to the Council meeting. For speakers who will be physically present to provide public comment at the Council meeting, all electronic presentation materials intended for use in connection with the public comment, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by the overhead projector, must be received by the City Clerk no later than noon on the day of a City Council meeting. All such electronic presentation materials must be emailed to the City Clerk’s Office and include the City Council meeting date, Agenda item number, and name of the public speaker who, as noted above, will need to
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Packet Pg. 624 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 25 be present at the meeting. See also Rule 5(i). Any member of the public choosing to use electronic presentations during public comment does so at their own risk, and the City makes no guarantees regarding compatibility with the City’s technology equipment and system, technological functionality, audio or visual quality, etc. If a public commenter’s electronic presentation is not working as desired after one minute, the commenter shall be given the option to restart their time and address the Council directly, or may choose to continue their time and continue with their electronic presentation. (k) Telephone Public Comment. Members of the public wishing to address the City Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the last business day before a meeting. Electronic presentation materials are not permitted when commenting by telephone. Telephone callers will be heard after all in-person speakers are heard.
(l) Requests for Accommodation. Requests for a disability accommodation to provide public testimony at a Council meeting should be submitted in writing to the City Clerk’s office via email at [email protected] or via telephone at (310) 458- 8211 at least 72 hours prior to the scheduled meeting. Best efforts shall be used to accommodate requests received after the 72 hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the Council special meeting.
RULE 16. RULES OF CONDUCT AND SAFETY.
When the City Council is in session, all persons present, whether in person or speaking by phone, must preserve safety and order and should strive to conform their conduct to the City's Civility Policy. Members of the public who are physically present at
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Packet Pg. 625 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 26 the Council meeting should sit in the audience seating area, unless addressing the City Council or entering or leaving the Council Chambers, should not block the aisles with personal belongings and should not bring audible equipment into the Council Chambers including cellular telephones or pagers. Members of the public may not, except when testifying on or participating in an Agenda item, enter the well area, which is the open area directly in front of the dais and extending outward from it to a line running between the points on the Clerk's desk and the podium nearest to the audience. Applause, vocally or clapping, is prohibited, except for ceremonial items, or as may be invited by the Presiding Officer.
Any person who disrupts the meeting shall be called to order by the Presiding Officer. Disruption shall include but not be limited to, blocking the audience or camera view of the proceedings. If such conduct continues, the Presiding Officer may request the Sergeant at Arms to remove the person from Council Chambers.
The Chief of Police or such member or members of the Police Department as the Chief may designate, shall be Sergeant At Arms of the City Council and shall carry out all orders given by the Presiding Officer through the City Manager for the purpose of maintaining order at City Council meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the City Council shall require the Presiding Officer to do so.
RULE 17. SEATING ORDER.
After each municipal election, the City Clerk shall determine City Council member seating order by drawing lots, with the exception of the Mayor Pro Tem, who shall be seated next to the Mayor. Changes in seating may be allowed by the Mayor, without
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Packet Pg. 626 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 27 requiring a vote, for good cause when those changing seats consent.
RULE 18. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.
Every Councilmember is entitled to vote unless disqualified by reason of a conflict of interest. A Councilmember who abstains from voting consents to the decision made by the voting Councilmembers.
RULE 19. VOTING PROCEDURE.
(a) Any vote of the City Council, including a roll call vote, may be registered by the members answering “Yes” for an affirmative vote or “No” for a negative vote upon the member’s name being called by the City Clerk. Voting order shall be based on seating order with each roll call vote beginning at alternating ends of the dais and the Mayor voting last.
(b) Unless any Councilmember calls for separate votes in advance, any item on the Agenda with related sub-parts shall be treated as one Agenda item and voted on in one motion. If the item and sub-parts receive sufficient votes for approval of some, but not all sub-parts (some subparts may require 4 votes and some subparts 5), at the immediate request of any Councilmember, the first vote shall be nullified and Council shall then immediately, without discussion, vote on each item separately. (c) When the Council is making appointments to any committee, board, commission, or equivalent, the Council shall use ranked choice voting. Ranked choice voting process shall be as follows:
(1) The ranked choice voting application to be used shall be rankedchoices.com. Should this application become unavailable for any reason, another application may be selected as determined by the City Clerk.
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Packet Pg. 627 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 28 (2) The Clerk shall ask the Council for nominations from among the qualified applicants, and upon collecting all nominations, shall present the Council with the slate of nominees.
(3) Each Councilmember shall then indicate their first choice from among the slate of nominees; they each may indicate only 1 first choice; (4) Each Councilmember shall also indicate their second choice from among the nominees; they may indicate only 1 second choice; (5) Proceed to do the same for up to the total number of nominees; (6) Each Councilmember may rank as many or as few nominees as they may choose; each may not give the same rank to more than 1 nominee; each may not rank the same nominee more than once;
(7) As per rankedchoices.com, votes shall be counted using the Weighted Inclusive Gregory Method (WIGM). The number of Councilmembers who chose a nominee as their first choice is added to the number of Councilmembers who chose the nominee as their second, third, etc. choice, with each count given approximately 2/3 of the weight given to the previous count. Then all the votes are added together to arrive at a tiebreaker value for each nominee. (8) After all Councilmembers cast their ballots, ranking their preferred nominees for election, the tabulation of votes takes the rankings into account. The process may take multiple rounds of counting.
(9) The threshold (quota) needed to win an election is calculated by the application. The first-ranked nominees on all ballots are counted to determine which candidates meet the threshold (quota). Any nominee who has so few votes
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Packet Pg. 628 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 29 that they cannot mathematically meet the threshold at any point shall be eliminated.
(10) Any nominee who meets the threshold is a winner, and if the number of winners equals the number of seats to be elected, the vote is closed. If not, the winners’ ballots are evaluated, this time by the second-ranked nominees on the ballots, and the votes are transferred to candidates who are not yet winners and who haven’t been eliminated, but only to the extent that the winners had more than enough votes to win. For example, if Winner A received 20% over the threshold, the votes transferred to the second-ranked nominees are only 20% of a whole vote. (11) The process repeats through as many rounds of counting as necessary until the number of winners equals the number of seats to be filled. (12) If there are only two nominees for one open seat, the Clerk shall call upon each Councilmember to state their choice between those two nominees to make the selection.
RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST.
Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification and shall leave the dais prior to Council consideration of the matter. A Councilmember stating or having the Presiding Officer state such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.
RULE 21. TYPES OF MOTIONS.
(a) Only Councilmembers, or duly appointed members of boards sitting with the
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Packet Pg. 629 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 30 Council, may make Motions. The City ClerkMayor/Presiding Officer shall record all motions and read them back when requested, and shall confirm that the language as read back is accurate with the maker of the motion. Upon request, the City Attorney shall assist in the formation of motions. A Councilmember must have the floor to make a motion. (b) Any motion that does not receive a second shall not move forward, and then another motion may be made.
(c) For noticed public hearings and quasi-judicial matters, a main motion shall not be made until public comment on the item is complete. (d) There are three motions that are most common and are usually subject to debate:
(1) The main motion. This motion puts forward a substantive decision, most frequently an Agenda item, for Council consideration. A main motion may include changes to the item as stated on the Agenda or supplemental materials.
Only one main motion may be on the floor at one time.
(2) The motion to amend. This motion seeks to modify the main motion before the Council. A motion to amend cannot be made until there is a main motion on the floor. A motion to substitute a main motion with another motion shall be treated as a motion to amend. Only one motion to amend may be on the floor at one time. All motions to amend shall be resolved prior to voting on the main motion. (3) The procedural motion. This motion is to address a rule of procedure, postpone, or take some other action. Procedural motions take priority over main motions and motions to amend. Only one procedural motion may be on the floor at one time. A “point of order” may be raised at any time, interrupting a
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Packet Pg. 630 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 31 speaker when recognized by the Presiding Officer, to make a procedural motion.
Procedural motions are debatable but not subject to public comment. (e) The following common procedural motions shall be handled as follows:
(1) Motion to adjourn. This motion, if passed, requires the Council to immediately adjourn to its next regularly scheduled meeting. It is not subject to debate and requires a majority vote. It is the highest priority motion. (2) Motion to recess. This motion, if passed, requires the Council to immediately recess. The Presiding Officer determines the length of the recess. It is not subject to debate and requires a majority vote.
(3) Motion to fix the time to adjourn. This motion, if passed, requires the Council to adjourn the meeting at a specific time set in the motion. It is not subject to debate and requires a majority vote.
(4) Motion to table. This motion, if passed, requires the discussion of the Agenda item to be halted and the Agenda item placed on hold. The motion can contain a specific time in which the item can come back to Council. If the motion does not contain a specific time for the return of the item, a motion to take the item off the table will have to be taken at a future meeting to bring it back to the Council.
A motion to table or to bring it back to the Council requires a simple majority vote. (5) Motion to continue. This motion, if passed, requires the item to be withdrawn from the Agenda at that time and postponed either indefinitely or to a certain time and/or date, or to a time later in that meeting, as stated in the motion.
A motion to continue is debatable and requires a simple majority vote. (6) “Friendly Amendment.” This is a “request,” rather than a formal
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Packet Pg. 631 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 32 motion. The speaker asks whether the maker of the main motion would agree to amend the motion, as suggested. If agreed, and if the member providing the second also agrees, or another second is offered, then the main motion is replaced with the amended motion. If an offer for a “friendly amendment” is rejected, then a formal motion to amend may be made.
RULE 22. CHANGING VOTE.
The vote of a Councilmember may be changed only if the Councilmember makes a timely request to do so immediately following the announcement of the vote by the City Clerk or the Presiding Officer and prior to the time that the next item in the order of business is taken up.
RULE 23. AGENDA MANAGEMENT.
At any time after roll call, the Presiding Officer may call for a motion for Agenda management to reorder or combine Agenda items or to determine when public comment may be taken on one or more items. However, public comment may be taken later, but not earlier, than the time or position shown on the Agenda. Noticed public hearings scheduled for a time certain may be heard later, but not earlier, than the time scheduled.
Such a motion shall require the votes of a majority of the Councilmembers present to pass. If such a motion is passed, the City Clerk shall call Agenda items or comment opportunity in accordance with the Agenda as modified by the motion.
RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.
The following procedure shall be followed in connection with any Agenda item requiring a motion:
(a) City Clerk reads the title.
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Packet Pg. 632 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 33 (b) Presiding Officer calls for a staff report.
(c) Councilmembers question City staff.
(d) City Council conducts Public hearing.
(e) City Council deliberates.
(f) A Councilmember makes a motion, another Councilmember seconds the motion, and the Council debates it, with the maker of the motion having the opportunity to speak last.
(g) The Presiding Officer or City Clerk restates the motion. (h) The City Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.
RULE 25. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS.
The City Manager, City Clerk, and City Attorney, or, in their absence, their authorized representatives, shall attend and be present during all City Council meetings and give necessary service and advice.
RULE 26. RECORD OF MEETINGS.
All public meetings of the City Council shall be recorded. The recording shall be made by City TV and retained in accordance with the City’s record retention schedule.
The use of other recording or television equipment is permitted so long as it is not disruptive of the meeting.
RULE 27. USE OF TECHNOLOGY TO COMMUNICATE DURING MEETINGS During City Council meetings, Councilmembers shall not use electronic communications of any type, including texts and emails, to communicate among themselves.
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Packet Pg. 633 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 34 RULE 28. [Repealed]
RULE 29. CHARTER SECTION 615
In accordance with Charter Section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present at the meeting objects.
RULE 30. INTERPRETATION AND MODIFICATION OF THESE RULES.
These rules shall be interpreted liberally to provide for the optimum in the free interchange of information and public debate without an unnecessary waste of time or duplication of effort. These rules may be amended by resolution.
RULE 31. FAILURE TO OBSERVE RULES OF ORDER.
These rules of order and procedures govern the conduct of City Council meetings.
These rules are intended to expedite the transaction of the business of the City Council in an orderly fashion and are deemed to be procedural only. Failure to strictly observe these rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.
RULE 32. COUNCIL BRIEFINGS.
The City Manager and/or City Attorney may meet with Councilmembers to provide briefings. Briefings shall be conducted in compliance with the Brown Act. No person shall attend these meetings other than the Councilmembers invited without invitation of the City Manager and/or City Attorney. No Councilmember shall authorize or permit any person who is not a City of Santa Monica employee or duly appointed agent of the City (for example, outside counsel, contractor, or consultant) acting within the scope of that person’s job duties, to represent them as a Councilmember, or represent the Council, or
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Packet Pg. 634 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) 35 the City, at any meeting, function, or event.
SECTION 2. Resolution Number 11649 11661 (CCS) and all other resolutions adopting, amending, or relating to City Council Rules of Order, are hereby repealed in their entirety.
SECTION 3. 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 T. SLOAN
City Attorney
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Packet Pg. 635 Attachment: Proposed Resolution [Revision 2] (7091 : Amend Council Rules) City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 4.N
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To: Mayor and City Council
From: Jenny Rogers, Recreation and Arts Director, Recreation and Arts Department Subject: Authorization of Fourth Contract Modification with McCabe's Guitar Shop for Single Day Music Festival
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of categorical exemption pursuant to Section 15323 of the California Environmental Quality Act (CEQA) Guidelines; and
2. Authorize the City Manager to negotiate and execute a fourth modification to agreement #4820 in the amount of $35,000 with McCabe’s Guitar Shop for a single day music festival in September 2025. This will result in a four-year amended agreement with a new total Not-to-Exceed amount of $337,000, with no future funding expected for this Agreement.
Summary
On September 14, 2021, the City executed Agreement #4820 with McCabe’s Guitar Shop to produce, develop, and implement a free and family-friendly concert series in Gandara Park. The Agreement included the option to extend the term of the Agreement for three separate one-year terms for a total of four annual concert series. The third contract modification allowed for an additional option to extend the term for a final single one-year option. Staff recommends approval of a Fourth and final modification which will support a summer 2025 Concert in the Park.
Discussion
On June 25, 2021, staff released a Request for Proposals titled, “Outdoor Music Concert Series 2021 Event Production” and McCabe’s Guitar Shop was selected as the most qualified respondent. McCabe’s proposed a family-friendly concert series entitled
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“Americana in the Park” that explored the development of modern music through historical music genres. The annual series has taken place each September from 2021 - 2024. As noted in the April 2024 Staff report for the Third Modification, staff anticipated releasing a new Request for Proposals in early 2025. Due to staff changes and local wildfires, the RFP was delayed and has a new anticipated release date of July 2025.
Staff recommend increasing this contract amount by $35,000 so that this beloved event can take place this summer as the next RFP is released and processed, which will include future events in parks. The proposed $35,000 budget for 2025 will support a streamlined, daylong extended event with multiple performances. The festival is slated to be held in September 2025 at Gandara Park, consistent with the series’ past location.
Past Council Actions
September 14, 2021 (Attachment A) Contract 4820 McCabe’s Event Production Agreement
June 28, 2022 (Attachment B) Contract 4820 First Modification April 19, 2023 (Attachment C) Contract 4820 Second Modification April 26, 2024 (Attachment D) Contract 4820 Third Modification Environmental Review
The contract for the concert series is categorically exempt pursuant to Section 15323 (Class 23 - Normal Operations of Facilities for Public Gatherings) of the California Environmental Quality Act (CEQA) guidelines. The City has a long history of producing concerts in existing City parks; thus, this contract is exempt from CEQA under Section 15323.
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to increase the amount of the contract with McCabe's Guitar Shop to implement a free and family-friendly concert series in Gandara Park. The funds are included in the FY 2025-27 Proposed Biennial Budget
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Contract Modification Request
Agreement # Current
Authorized
Amount
FY 2024-25
Budget
Request
Amount
Future Years
Amount
Department Account # Total Contract
Amount
4820 $302,000 $17,000 $18,000 01430012.555570 $337,000
Prepared By: Allison Ostrovsky, Cultural Affairs Supervisor Approved Forwarded to Council
Attachments:
A. Contract 4820_Event_Production_Agreement - 9-14-2021 B. Contract 4820_First_Modification_McCabes 6-28-2022
C. Contract 4820_Second_Modification_McCabes 4-19-2023
D. Contract 11554 Third modification McCabes 4-26-2024
E. OAKS INITIATIVE FORM_signed
F. Levine Act Disclosure Form 2025 TZ signed final
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Contract No. 4820
CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Contract”), entered into as of _________________(“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and McCabe’s Guitar Shop (“Contractor”), a California Corporation, is made with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.
B. Contractor is qualified to do business, and is doing business, in the State of California. Contractor represents it has the background, knowledge, experience and expertise necessary to provide the services set forth in this Contract.
C. The City and Contractor desire to enter into an agreement for Contractor to produce, develop, and implement a free and family-friendly concert series in one or more of the City’s parks (“Concert Series”).
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates on June 30, 2022, unless sooner terminated in accordance with Section 17. The City, at its sole discretion, shall have the option to extend the term of this Agreement for three separate one-year options (“Extension Terms”).
2. Contractor Services. Unless otherwise specified in this Agreement, Contractor will perform all the services (“Services”) described in the City’s Outdoor Music Concert Series 2021 Event Production Request for Proposal (“RFP”) that the City issued on June 25, 2021 and the proposal that Contractor submitted to the City in response to the RFP, which documents are attached to this Agreement as Exhibit A, Scope of Services, and incorporated by reference. Contractor will complete the Services in accordance with Exhibit B, Budget.
3. Equipment and Production Elements. Contractor agrees to provide, at its sole expense, all materials to be used for the Concert Series, including but not limited to equipment, instruments, and other personal property (collectively, “Equipment and Production Elements”) and personnel required for the Concert Series unless otherwise specified in the RFP.
4. Publicity. Contractor agrees to not generate any written, audio, or visual publicity regarding the Concert Series without prior written approval from City.
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 9/14/2021
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Packet Pg. 639 Attachment: Contract 4820_Event_Production_Agreement - 9-14-2021 (7025 : Fourth Contract Modification with McCabe's Guitar)
5. City Services. The City agrees to:
5.1 City shall monitor, evaluate, and provide guidance to Contractor to ensure proper performance of this Agreement, and Contractor will fully cooperate in such activities. City’s provision of guidance does not limit or diminish Contractor’s responsibilities.
5.2 The City agrees to allow Contractor and Contractor’s employees, volunteers, agents, and subcontractors reasonable access to the designated City parks where the Concert Series will be held as provided in Exhibit A, Scope of Services.
5.3 Provide technical support and help Contractor navigate the City’s permitting process for the Concert Series.
5.4 Provide support for the production of the Concert Series by engaging a City consultant that will regularly meet with City staff and Contractor to provide advice and support regarding marketing, the event permitting process, programming, logistics, and budgeting.
5.5 Promote the Concert Series on the City’s website, Facebook Page, and other City social channels, as the City deems appropriate.
5.6 Make available to Contractor any currently existing documents, data or information required for the performance of the Services.
5.7 Designate a representative authorized to act on behalf of City.
5.8 Promptly examine and render findings on all documents and materials submitted for staff review by Contractor.
6. Credit to City. Contractor agrees to credit the City of Santa Monica on any and all written materials that are used by Contractor to promote the Concert Series.
Contractor further agrees to include in any press release, printed materials or public or private statements related to the Concert Series the following phrase: “supported by the City of Santa Monica Art of Recovery Program,” or similar language as may be agreed to by both parties.
7. Compensation. The City will compensate Contractor for the Services performed in an amount not to exceed $50,000, as set forth in Exhibit B. If the City exercises its options to extend the term of this Agreement, the amount of the compensation will increase $2,000 per year. The total contract not-to-exceed amount for the term of the Agreement, including Extension Terms, will be $212,000 after compensating Contractor $50,000 the first year, $52,000 for the second year, $54,000 for the third year, and $56,000 for the fourth year.
8. Invoices. Contractor will invoice the City for the Services in accordance with Exhibit B and the City will pay any undisputed amount within 30 days of receipt.
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489
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Packet Pg. 640 Attachment: Contract 4820_Event_Production_Agreement - 9-14-2021 (7025 : Fourth Contract Modification with McCabe's Guitar)
9. Notices. All notices, demands, requests or approvals to be given under this Agreement, must be in writing and will be deemed served when delivered personally, by email, or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows:
9.1 All notices, demands, requests or approvals to the City:
Cultural Affairs Division
City of Santa Monica
1685 Main Street, MS #44
Santa Monica, California 90401
Attention: Cultural Affairs Manager
Re: Contract No. 4820
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 4820
9.2 All notices, demands, requests or approvals to Contractor:
McCabe’s Guitar Shop
3101 Pico Blvd
Santa Monica, CA 90405
Attention: Walt McGraw, Vice President
[email protected], 310-828-4497
Re: Contract No. 4820
10. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another.
Neither the City nor its officers or employees will have any control over the conduct of Contractor or any of Contractor’s agents, employees, or subcontractors, except as otherwise provided in this Agreement.
11. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and Contractor, and approved as to form by the City Attorney.
12. Insurance. Prior to commencing work, Contractor must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489
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Packet Pg. 641 Attachment: Contract 4820_Event_Production_Agreement - 9-14-2021 (7025 : Fourth Contract Modification with McCabe's Guitar) arise from or in connection with the performance of the Services by Contractor or Contractor’s agents, representatives, employees or subcontractors for the duration of this Agreement. Contractor must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.
13. Defense and Indemnification.
13.1 Contractor agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, boards and commissions, and employees (collectively, “City”) from and against any and all liability, claims, demands, damages, or costs, including but not limited to attorney’s fees, or payments for injury to any person or property (collectively, “Losses”) caused or claimed to be caused by the act, errors, and/or omissions of Contractor, or Contractor’s employees, agents, officers, and subcontractors. Contractor’s responsibilities under this Section
13.1 include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Contractor, its employees, volunteers, agents or officers, or subcontractors; provided, however, that Contractor’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City. Notwithstanding Contractor’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from Contractor, if City chooses to do so.
13.2 Enforcement Costs. Contractor agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 13.1.
14. Prohibition Against Transfers.
14.1 Contractor may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecatee or transferee acquires no right or interest by reason of such attempted assignment, hypothecation or transfer.
14.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate exists, which results in changing the control of Contractor, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489
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Packet Pg. 642 Attachment: Contract 4820_Event_Production_Agreement - 9-14-2021 (7025 : Fourth Contract Modification with McCabe's Guitar)
15. Permits and Licenses. With the exception of the Event Permit for the Concert Series for which the Contractor is responsible for procuring but which the City will waive the permit fee, Contractor at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.
16. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.
17. Default and Termination.
17.1 If Contractor fails or refuses to perform any of the provisions of this Agreement, and if the default is not cured within a period of five days after the City’s written notice of default specifying the nature of the default, City may immediately terminate this Agreement by written notice to Contractor. Contractor agrees that any unexpended compensation that City paid to Contractor must be returned to the City within thirty (30) days from the City’s written termination notice to Contractor. Contractor’s obligation to return unexpended funds will survive the termination or expiration of this Agreement.
17.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to Contractor. Upon termination of this Agreement, City will pay Contractor any compensation earned and unpaid up to the effective date of termination provided that Contractor submits documentation, including receipts, to support the amount of compensation earned. Contractor agrees that any unexpended compensation that City paid to Contractor must be returned to the City within thirty (30) days from the City’s written termination notice to Contractor. Contractor’s obligation to return unexpended funds will survive the termination or expiration of this Agreement.
18. Event Cancellation.
18.1 Return of Funds. In the event that Contractor cannot produce one or more scheduled concerts due to Force Majeure as this term is defined in Section 18.4 of this Agreement, Contractor agrees that any unexpended compensation that City paid to Contractor must be returned to the City within thirty (30) days from the earliest date of a scheduled concert, as specified in Exhibit A, that Contractor was unable to produce due to Force Majeure. Contractor’s obligation to return unexpended funds will survive the termination or expiration of this Agreement.
18.2 Cancellation by Contractor. If the Contractor is unwilling or unable to produce one or more concerts of the Concert Series, and such failure to perform is not excusable under Section 18.4, Force Majeure, Contractor shall notify the City at least ten days in advance and in writing. If the City compensated Contractor for DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489
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Packet Pg. 643 Attachment: Contract 4820_Event_Production_Agreement - 9-14-2021 (7025 : Fourth Contract Modification with McCabe's Guitar) the concerts that Contractor is unwilling or unable to produce, within 30 days from the earliest date that a scheduled concert was cancelled, Contractor shall refund the City an amount at a rate equal to one quarter of the Agreement amount, for the applicable year, for each concert that is cancelled by Contractor.
For purposes of illustration only, should Contractor cancel two concerts during the first year of this Agreement, for which the budgeted amount is $50,000, and Contractor’s failure to perform is not excusable under Section 18.4, Contractor would be required to refund the City a sum in the amount of $12,500 per cancelled concert, for a total of $25,000 for both cancelled concerts.
18.3 Cancellation by City. If the City is unwilling and unable to proceed with one or more concerts of the Concert Series, and such failure is not excusable under Section 18.4, Force Majeure, City shall notify the Contractor at least ten days’ in advance and in writing. The City will seek to rebook a cancelled concert for a mutually agreeable date within a twelve-month period from the cancellation date. If it is not feasible to rebook a cancelled concert within a twelve-month period from the cancellation date, the City agrees to pay Contractor a cancellation fee equal to one eighth of the Agreement amount, for the applicable year, for each concert that is cancelled by the City. For purposes of illustration only, should City cancel two concerts during the first year of this Agreement, for which the budgeted amount is $50,000, and City’s failure to perform is not excusable under Section 18.4 and it is not feasible to rebook the cancelled concerts as provided in this paragraph, City would be required to pay Contractor a cancellation fee in the amount of $12,500 for the two concerts that City cancelled.
18.4 Force Majeure. In the event that one or more concerts of the Concert Series is prevented by an act of God; natural disaster; the acts, order, decree or regulation of a governmental body or public authority; interruption of transportation; work stoppage or strike; construction or demolition at a City park where a concert is scheduled for performance; or any other cause beyond reasonable control of City or Contractor (collectively, “Force Majeure”), both parties will be relieved of their respective obligations under the terms and conditions of the this Agreement for the performance or activity so prevented. For purposes of this Agreement, the concept of Force Majeure shall not apply to disruptions of a public outside performance due to rain or wind.
19. Compliance with Law. Contractor must comply with all laws of the State of California and the United States, and all ordinances, rules and regulations enacted or issued by City, including the City’s COVID-19 Vaccination Policy, which is attached hereto as Exhibit D and incorporated by reference.
20. Discrimination. Contractor may not discriminate in the provision of services hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital status, AIDS or disability.
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489
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Packet Pg. 644 Attachment: Contract 4820_Event_Production_Agreement - 9-14-2021 (7025 : Fourth Contract Modification with McCabe's Guitar)
21. Nuisance. Contractor may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.
22. Records.
22.1 Contractor must maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by the City for any services provided where compensation is on the basis of hourly rates, subcontractor costs, or other direct costs. Contractor must keep the records, together with supporting documents, separate from other documents and records and maintain them for a period of three years after receipt of final payment.
22.2 Contractor must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles.
Contractor must clearly identify all records and make them readily accessible to the City. At the City’s request, Contractor must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.
22.3 Contractor must allow the City to have free access to Contractor’s books and records and to inspect all work, data, documents, proceedings and activities related to this Agreement. The City has the right to examine or audit Contractor’s records, and Contractor agrees to cooperate with any examination or audit of its records. If a City audit discloses an error of 5% or more in information reported by Contractor, Contractor agrees to pay the cost of the City’s audit computed on the basis of four times the direct payroll of the audit staff completing the audit and audit report.
23. Work Product; Reports; Images
23.1 Any work product prepared or caused to be prepared by Contractor or any subcontractor for this Agreement will be the exclusive property of City. No work product given to or prepared by Contractor or any subcontractor pursuant to this Agreement may be made available to any individual or organization by Contractor without prior written approval by City.
23.2 At the City’s request, Contractor must furnish reports concerning the status of the Services.
23.3 Contractor represents and warrants that the photographs that Contractor will provide to the City, as outlined in the RFP, (the “Images”) are original works (excluding permissioned materials), will not contain any libelous or otherwise unlawful material, and will not infringe upon any copyright, patent, trademark, trade secret, or other intellectual property right, any right against defamation, any right of publicity, or any privacy right, or violate any other personal, property, or proprietary right.
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489
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Packet Pg. 645 Attachment: Contract 4820_Event_Production_Agreement - 9-14-2021 (7025 : Fourth Contract Modification with McCabe's Guitar)
24. Permissions. Contractor represents and warrants the following:
24.1 Prior to delivery of the Images, Contractor has obtained from all persons who are, or whose trademark or other property is, identified, depicted, or otherwise referred to in any of the Images, all grant licenses, permissions, waivers, and consents (collectively, "Permissions" and each, individually, a "Permission"), including those relating to publicity and privacy, as are or reasonably may be expected to be necessary for the Images, including all intellectual property rights therein, without incurring any payment or other obligation to, or otherwise violating any right of, any such person; and
24.2 Should the Images depict, or otherwise refer to names, images, likeness, or biographical and professional information of any persons, Contractor shall procure such Permissions as are or may be expected to be necessary for Contractor to fully and lawfully exercise Contractor’s rights under this Agreement; and
24.3 Contractor has procured, in legally binding and irrevocable written instruments, all Permissions as are or reasonably may be expected to be necessary for Contractor to fully and lawfully exercise Contractor obligations and rights under the Agreement, including all required Permissions of the representatives of any deceased individual who are, or whose property is identified, depicted, or otherwise referred to in the Images; and
24.4 Upon delivery of the Images, Contractor will provide the City with a copy of each such fully executed Permissions.
25. Archival Materials for City. Within thirty (30) calendar days after completion of the Concert Series, Contractor must provide the City with the following:
Digital Photographs. A set of at least three digital Images of the Concert Series in 300dpi or better, JPG or TIFF files, on a Flash Drive. The Images must be labeled with the name of the Concert Series, the date that the photograph was taken, the location from which the photograph was taken, and the full name of photographer that took the Images to permit City to provide credit to photographer. By providing the Images to the City, Contractor represents and warrants that the Images and use thereof as permitted under this Agreement will not violate any law or regulation or infringe or otherwise violate any right of any third-party, including, but not limited to, any copyright or other intellectual property right, or the right of any person or entity.
25.1 Written Description. A full written narrative description of the Concert Series.
26. Reproduction Rights.
26.1 Definition of “Reproduction.” With respect to reproduction in connection with the use of the Images, “reproduction” means using an unlimited number of DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489
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Packet Pg. 646 Attachment: Contract 4820_Event_Production_Agreement - 9-14-2021 (7025 : Fourth Contract Modification with McCabe's Guitar) copies of the Images in any and all formats and media whether now or hereafter known or devised by any and all technologies and means of delivery.
26.2 License Rights to City. Contractor hereby expressly grants to the City a nonexclusive license to reproduce the Images, or any portion thereof, for commercial and non-commercial use, and to publicly display and use the Images and any reproductions thereof for commercial and non-commercial use, in accordance with the provisions set forth in Section 27, License Rights to Images, below.
26.3 Copyright Ownership and License Rights. Contractor retains all copyright interests in the Images and has the right to reproduce the Images or grant licenses for reproduction of the Images to others for commercial or noncommercial purposes subject to the provisions of Section 27, License Rights to Images, below.
27. License Rights to Images.
27.1 Definitions. For purposes of this Section 27, the following terms have the following meanings:
27.1.1 “Commercial Use.” The term “commercial use” means the approved use or reproduction of the Images, or any part thereof, by the City or Contractor, which results in direct monetary compensation to the party initiating the use or reproduction, including use or reproduction of the Images in advertising, clothing, magazines, books, newspapers, postcards, films, television, greeting cards, commercial photography, posters, lithographs or other print and electronic media now known or hereafter discovered.
27.1.2 “Non-Commercial Use.” The term “non-commercial use” means any use of the Images, or any part thereof, for informational, historical or educational purposes, and which does not result in any direct monetary compensation to either Contractor or the City, including: any reproduction of the Images in reviews or articles relating to the City, the Concert Series, or Contractor; brochures and other print and electronic media now known or hereafter discovered, provided that such non-commercial use is exercised in a reasonable and professional manner and photographer is credited in use of the Images as is appropriate for the nature of the use.
27.1.3 “Contractor” and “City.” As used in this Section 27, the terms “Contractor” and “City” include the respective heirs, successors and assignees of each party.
27.2 Commercial Use by City. Commencing upon the Contractor’s delivery of the Images to the City, Contractor agrees to grant to the City a non-exclusive license to reproduce the Images, or any portion thereof, for commercial use, subject to the following limitation. Contractor has the right to review and approve in writing any commercial use of the Images by the City or any of the City’s DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489
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Packet Pg. 647 Attachment: Contract 4820_Event_Production_Agreement - 9-14-2021 (7025 : Fourth Contract Modification with McCabe's Guitar) sublicensees. However, Contractor agrees that its approval will not be unreasonably withheld. In addition, Contractor must notify the City of Contractor’s disapproval of any commercial use within fifteen (15) calendar days of receipt of written notice by the City of such proposed commercial use.
Contractor’s failure to notify the City will be deemed to constitute approval by Contractor of the proposed commercial use. The City’s non-exclusive license interest and sublicense rights for commercial use of the Images extends for the duration of Contractor’s copyright, or 100 years, whichever period is longer.
The City agrees that all commercial uses of Images will be of a dignified manner and Contractor’s rights will be respected by the City. The City will ensure that the photographer is credited in the commercial use of the Images, as is appropriate for the nature of the use.
27.3 Commercial Use by Contractor. The City has the right to review and approve any commercial use of the Images by Contractor or any of Contractor’s licensees. However, the City agrees that its approval will not be unreasonably withheld. In addition, the City must notify Contractor of its disapproval of any commercial use within fifteen (15) calendar days of receipt of written notice by Contractor of the proposed commercial use.
27.4 Share of Proceeds. If Contractor reproduces Images for commercial use, Contractor must credit the City as commissioning party of the Images, unless such credit is not reasonably feasible, and pay to the City 50% of the net proceeds earned by Contractor from each reproduction thereof. If the City reproduces the Images or any form thereof for commercial use, the City will pay Contractor 50% of the net proceeds earned by the City from any reproduction thereof. If either the City or Contractor reach an agreement with a third party for payment of monetary compensation in exchange for commercial use of the Images by the third party, Contractor is entitled to receive 50% and the City is entitled to receive the other 50% of the negotiated monetary compensation.
27.5 Non-Commercial Use. Commencing Contractor’s delivery of the Images to the City, Contractor agrees to grant to the City a non-exclusive license to reproduce the Images, or any portion thereof, for noncommercial use. Nothing contained in this Section 27 will be construed to prevent the City from using the Images, or any reproduction thereof, without fee, for noncommercial, promotional, historical, or other City purposes, as defined in Section 27.1.2. If the City receives a fee for any non-commercial uses, Contractor is entitled to receive 50% of net proceeds and the City will retain the other 50% of net proceeds. City’s non-exclusive license interest for non- commercial use of the mages, or any part thereof, extends for the duration of Contractor’s copyright, or 100 years, whichever is longer.
28. Adaptations. Contractor acknowledges and agrees that the rights and license granted to City under this Agreement include City’s rights: (a) to use and reproduce Images in DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489
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Packet Pg. 648 Attachment: Contract 4820_Event_Production_Agreement - 9-14-2021 (7025 : Fourth Contract Modification with McCabe's Guitar) digital form of display on the City’s website on the World Wide Web portion of the Internet for non-commercial use commencing upon Contractor’s delivery of the Images to the City; (b) to modify, edit, excerpt, combine with other materials (including, but not limited to, in combination or conjunction with Contractor’s name or any other name, or no name), include in collective works, and create derivative works of the Images in whole or in part (collectively, "Adapt," "Adapted," and "Adaptation" have correlative meanings).
City will own and retain all right, title, and interest in and to resulting work product created using any Adaptations of the Images made by the City, or by any third party for the benefit of City, subject to Contractor’s rights as specified in this Agreement; provided, however, Contractor shall maintain all rights, title, and interest in and to the Images.
29. Standard of Care. Contractor agrees to provide all Services, including services performed by any subcontractor, in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing in the same locality under similar conditions.
30. Contractor’s Name, Image, Likeness and Biographical and Professional Information. Contractor grants to City the right to use Contractor’s name, image, likeness, and preapproved biographical and professional information, including information Contractor provides to City, and any other information about Contractor that is publicly available or provided by Contractor from time to time in connection with the Concert Series, Images, and any Adaptations of the Images, including to advertise and promote the same or any good or service that features or includes the use or reproduction of the Images, or Adaptations, in whole or in part, as provided by Contractor unmodified or as Adapted. Contractor’s name, image, likeness, or biography shall not be used in conjunction with any commercial tie-ins or as a product endorsement, without separate, prior, express written consent by Contractor.
31. Transfer of All Physical Ownership Rights. Contractor hereby expressly transfers and conveys to the City, upon payment of the fee in full as set forth in Exhibit B, Budget, any rights Contractor may have to physical ownership in the Images. All rights and benefits of physical ownership of the Images belong to the City, except as specifically provided in Section 27, License Rights to Images. The transfer of title to the Images must be free from any and all claims, liens or charges by any person or entity, including any employee, contractor, supplier or consultant.
32. Subcontractors.
If Contractor proposes to have any subcontractor perform any part of the Services, Contractor must submit a request for approval in writing, describing the scope of work to be subcontracted, the name of the proposed subcontractor, and the total price or hourly rates used in preparing an estimated cost for the subcontractor’s services. The City, in its sole discretion, may grant or deny the request.
32.1 By executing this Agreement, Contractor understands and agrees that its subcontractors, including artists and consultants, hired by Contractor to DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489
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Packet Pg. 649 Attachment: Contract 4820_Event_Production_Agreement - 9-14-2021 (7025 : Fourth Contract Modification with McCabe's Guitar) perform services under this Agreement shall be bound by the terms of this Agreement. Contractor will be responsible for the quality of any subcontractor’s work. Every agreement of any kind entered into between a contractor, including artists or subcontractors, must contain the following provision:
This agreement is consistent with all terms and conditions of the Agreement No. 4820 entered into between the City of Santa Monica and Contractor on .
33. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.
34. Venue and Jurisdiction. The City and Contractor agree that the Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.
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DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 9/14/2021
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Packet Pg. 650 Attachment: Contract 4820_Event_Production_Agreement - 9-14-2021 (7025 : Fourth Contract Modification with McCabe's Guitar)
35. Survival of Provisions and Obligations. Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
36. Exhibits. The following exhibits are incorporated by reference into this Contract as though fully set forth herein.
Exhibit A 1. Scope of Services
2. Outdoor Music Concert Series 2021 Event Production Request for Proposal (“RFP”) and
3. Contractor’s Proposal
Exhibit B Budget
Exhibit C Insurance Requirements
Exhibit D City’s COVID-19 Vaccination Policy
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
MCCABE’S GUITAR SHOP
#VENDOR
By: ________________________________
Walt McGraw
Vice President
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489 Interim City Attorney
9/1/2021
George S. Cardona
9/8/2021
Interim City Manager
9/14/2021
Denise Anderson-Warren John Jalili
City Clerk
9/14/2021
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Packet Pg. 651 Attachment: Contract 4820_Event_Production_Agreement - 9-14-2021 (7025 : Fourth Contract Modification with McCabe's Guitar) Exhibit A
Scope of Services
With the exception that parties mutually agreed to modify the dates for when each concert of the Concert Series will be held during first one-year term of this Agreement, as specified below and that City agrees that Contractor will not be required to deliver a video recording, Contractor will perform all the services described in the City’s Outdoor Music Concert Series 2021 Event Production Request for Proposal (“RFP”) that the City issued on June 25, 2021 and proposal that Contractor submitted to the City in response to the RFP, which documents are attached hereto and incorporated by reference.
Event Details
McCabe’s Presents “Americana In the Park” will take place the Sundays listed below in September and October from 3:00 pm to 6:00 pm at Gandara Park located at 1819 Stewart St, Santa Monica, CA 90404. McCabe’s will begin setting up the stage after 12:00 p.m. and shall break down the stage by 8:00 p.m. after each concert performance.
Unless the parties mutually agree to modify the scheduled dates for the concerts in writing, the concerts for the first one-year term will take place on the following dates:
Sunday, September 19, 2021
Sunday, September 26, 2021
Sunday, October 3, 2021
Sunday, October 10, 2021
Attached to this Exhibit A:
1. Outdoor Music Concert Series 2021 Event Production Request for Proposal
2. Contractor’s Proposal
DocuSign Envelope ID: 277BA7DD-ACC9-46CD-88CB-BE5B9F691489
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Packet Pg. 652 Attachment: Contract 4820_Event_Production_Agreement - 9-14-2021 (7025 : Fourth Contract Modification with McCabe's Guitar) City of Santa Monica
Outdoor Music Concert Series 2021 Event Production
Request for Proposal