Santa Monica City Council
May 27, 2025

City of Santa Monica
City Council Meeting
AGENDA

LANA NEGRETE
MAYOR

ELLIS RASKIN CAROLINE TOROSIS

COUNCILMEMBER MAYOR PRO TEM

DAN HALL BARRY SNELL

COUNCILMEMBER COUNCILMEMBER

JESSE ZWICK NATALYA ZERNITSKAYA

COUNCILMEMBER COUNCILMEMBER

ELAINE POLACHEK

INTERIM CITY MANAGER

DOUGLAS SLOAN

CITY ATTORNEY

NIKIMA NEWSOME

CITY CLERK

STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive
public process, and tools for forging sound decisions
• Hate has no place in Santa Monica. The City opposes
abusive or threatening hate speech, intolerance, or
dehumanization, and supports basic civil respect and
human decency.
• Listen to others respectfully;
• Exercise self-control;
• Give open-minded consideration
to all viewpoints;
• Focus on the issues and avoid
personalizing debate;
Regular meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.

City of Santa Monica Generated: 5/29/2025 8:11 AM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11661(CCS))

WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. For written public comment submitted by 12:00 pm on the day of the meeting, best efforts shall be made to have them available online for viewing. Please note the agenda item number in the subject line of your written comments.
(2) Oral public comment.
- In-person: Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. - Telephone: Persons wishing to address the Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting. Showing electronic presentation materials are not permitted when commenting by telephone.

Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item. 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 to 1 minute per speaker during that section. Except for the author of the request, public comment on 15-items are limited to 1 minute.

Levine Act Disclosure. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made. Information regarding the Levine Act can be found here or you can contact the FPPC.

ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)

1. General Public Input
(Members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City and on Special
Agenda Items.)

2. Special Agenda Items (Commendations and
Proclamations presented).

3. Public Comment for Consent Calendar and Closed
Sessions Only.

4. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. No public comment is permitted on
second readings.)

5. Closed Sessions.

6. Public Comment on remaining Agenda Items

7. Study Session.

8. Continued Items.

9. Administrative Proceedings.

10. Ordinances:
• 1
st Reading
• 2
nd Reading (No public comment is
permitted on second readings.)

11. Staff Administrative Item.

12. Public Hearings.

13. Reports of Boards and Commissions.

14. Resolutions.

15. Written Communications (Other than
Reports of Commission and Officers.)

16. Councilmember Discussion Items.

Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

City of Santa Monica Generated: 5/29/2025 8:11 AM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, MAY 27, 2025
MEETING BEGINS AT 5:30 PM

HOW TO PROVIDE PUBLIC COMMENT BY TELEPHONE
Persons wishing to address the City Council by telephone must register at santamonica.gov/public-comment no later than 5:00 p.m. the day before a meeting.

Donation of time and showing electronic presentation materials are not permitted when commenting by telephone.

CALL TO ORDER

PLEDGE OF ALLEGIANCE / LAND ACKNOWLEDGEMENT

ROLL CALL
City of Santa Monica Statement of Accountability (Land Acknowledgement) The City of Santa Monica is located on the land of Tovangaar. With great respect, the City acknowledges the Gabrieleño/Tongva as the First People of this ancestral and unceded territory of Kuruvungna, a village that we know as Santa Monica. We honor their elders, past and present, and the Gabrieleño descendants who are part of the Gabrieleño /Tongva tribes.

We recognize that these peoples are still here, and as settlers and kuyam (guests), we recognize our responsibility and obligation to care for their land in partnership with them.

The City of Santa Monica commits to work in partnership with the Gabrieleño/Tongva people to uplift their voices and visibility on their ancestral land.

LEVINE ACT DISCLOSURES AND ANNOUNCEMENTS / PROCEDURAL

MOTIONS
City of Santa Monica Generated: 5/29/2025 8:11 AM Page 4

1. GENERAL PUBLIC INPUT AND COMMENT ON SPECIAL AGENDA ITEMS (For regular meetings, public comment is permitted on Special Agenda Items and items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item. For special meetings, public input is limited to scheduled Special Agenda Items only.)
. Written Comments

2. SPECIAL AGENDA ITEMS

2.A. Proclamation: Pride Month

3. PUBLIC INPUT (ITEMS UNDER CONSENT CALENDAR AND CLOSED SESSION ONLY)

4. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents. No public discussion is permitted on ordinances for second reading and adoption.)

4.A. Award Bid #4494 and Authorize Agreement with Woods Maintenance Services, Inc. dba Graffiti Control Systems for Citywide Graffiti Removal Services Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemptions pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) guidelines;

2. Award Bid #4494 to Woods Maintenance Services, Inc. dba Graffiti Control Systems for graffiti removal services for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute an agreement with Woods Maintenance Services, Inc. dba Graffiti Control Systems, in an amount not to exceed $697,320 for five years, with future year funding contingent on Council budget approval.

4.B. Award Bid #4493 and issue Purchase Order to DeltaGreen Products for Heavy Duty Cleaner and Degreaser
City of Santa Monica Generated: 5/29/2025 8:11 AM Page 5 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemptions pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) guidelines;

2. Award Bid #4493 to DeltaGreen Products to furnish and deliver heavy duty cleaner and degreaser for the Public Works Department; and

3. Authorize the Procurement Manager to issue a purchase order with DeltaGreen Products for the purchase of heavy duty cleaner and degreaser in an amount not to exceed $123,000 for one year, with two additional two-year renewal options, for a total amount not to exceed $615,000 over a five-year period, with future year funding contingent on Council budget approval.

4.C. Award RFP SP2307-2025 and Agreement to Archi.txture, LLC dba BASK for the Purchase and Installation of Furniture Citywide
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award RFP #SP2307-2025 to Archi.txture, LLC dba BASK to provide Steelcase systems furniture procurement, installation, and consulting services citywide on an as-needed basis; and

3. Authorize the City Manager to negotiate and execute an as-needed services agreement with Archi.txture, LLC dba BASK for an amount not to exceed $1,000,000 over a five-year period.

4.D. Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for OnCall Surveying Services Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of exemption pursuant to Section 15262 of the California Environmental Quality Act (CEQA) Guidelines;

2. Award RFP #SP2539 to PSOMAS and KDM Meridian to provide on-call surveying services for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute agreements for on-call surveying services with PSOMAS and KDM Meridian, in an amount not to exceed $250,000 for each agreement, over a five-year period, with one (1) five-year renewal option under the same terms and conditions as the original period. Prior to the end of the initial term, staff will present the extended term to the City Council for ratification

4.E. Authorization of First Modification to Agreement #11583 with ACCO Engineered Systems, Inc. for the Airport Mechanical Equipment Replacement Project
Recommended Action
Staff recommends that the City Council:

City of Santa Monica Generated: 5/29/2025 8:11 AM Page 6

1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement and Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to negotiate and execute a first modification to agreement #11583 (CCS) in the amount of $1,055,945 (including no additional contingency) with ACCO Engineered Systems, Inc. (ACCO), a California-based company, for additional equipment and construction work to complete the Airport Mechanical Equipment Replacement Project. This will result in an amended agreement with a new total amount not to exceed $3,049,035 (including 6% contingency) with future year funding contingent on Council budget approval.

4.F. Authorize First Modification to Agreement #5059 with Water Heater Warehouse for Heat Pump Water Heater Installation Services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15311 of the California Environmental Quality Act Guidelines

2. Authorize the City Manager to negotiate and execute a first modification to agreement #5059 in the amount of $250,000 with Water Heater Warehouse for heat pump water heater installation services for the Public Works Department. This will result in a five-year amended agreement with a new total amount not to exceed $500,000, which includes funding for future heat pump water heater services.

4.G. Introduction and First Reading of an Ordinance Prohibiting Sale and Use of Algorithmic Devices to Set Residential Rental Prices
Recommended Action:

Staff recommends that the City Council

1. Adopt 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; and

2. Introduce for first reading the attached Ordinance amending the text of the Santa Monica Municipal Code by adding Chapter 4.58 Algorithmic Rental Price Fixing.

4.H. Second Reading and Adoption of an Ordinance of the City Council of the City of Santa Monica Adding Section 2.32.300 to the Santa Monica Municipal Code Requiring Resident Representation for Council Appointees to Non-Profits Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.I. Second Reading and Adoption of an Ordinance Amending the City's Animals Code
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

City of Santa Monica Generated: 5/29/2025 8:11 AM Page 7

4.J. Second Reading and Adoption of an Ordinance Amending the Text of the City’s Zoning Ordinance to Eliminate Parcel Size Threshold for Streamlined Review of Housing Projects, Increase the Maximum Square Footage for Accessory Dwelling Units, Revise Provisions Related to Ministerially Approved Lot Splits and Duplexes on Parcels Zoned Single-Unit Residential, Adjust the Criteria for Streamlined Review of Housing Projects on Large Sites Within Bergamot Zoning Districts, Provide Extensions for Projects Approved prior to January 6, 2025, Convert Parcel Coverage Development Standards to Floor Area Ratio for the City’s Residential Zoning Districts, and Align Density Standards for the City’s Multiple-Unit Residential Zoning Districts with the Intensities Envisioned in the Land Use and Circulation Element; for Consistency With Recent Updates to State law; and Making Other Minor Changes, Corrections and Clarifications
Recommended Action
Staff recommends that the City Council adopt the attached Ordinance.

4.K. 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.

4.L. 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.

4.M. 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.

4.N. Authorization of Fourth Contract Modification with McCabe's Guitar Shop for Single Day Music Festival
City of Santa Monica Generated: 5/29/2025 8:11 AM Page 8 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.

4.O. City Council - Special Meeting - May 15, 2025 8:00 AM

4.P. City Council - Special Meeting - May 20, 2025 5:00 PM

5. CLOSED SESSIONS

5.A. Conference with legal counsel - existing litigation - Gov. Code § 54956.9(d)(1):

Jane Doe 1, et al. v. City, et al; LASC # 24STCV06207 [report out only]

5.B. Conference with labor negotiator - Gov. Code § 54957.6: agency designated representatives: Interim City Manager Elaine Polachek, Human Resources Director Dana Brown, and Human Resources Manager Sarah Rebensdorf; bargaining units: Administrative Team Associates (ATA), AFSCME Local 4819- Management Team Association (MTA), California Teamsters Local 911 (IBT), Municipal Employees Association (MEA), Public Attorney’s Legal Support Staff Union (PALSSU), Public Attorney’s Union (PAU), Santa Monica Fire Executive Management Association (FEMA), Santa Monica Firefighters Local 1109 (LOCAL 1109), Police Officers Association (POA), Supervisory Team Association (STA) and SMART TD - International Association of Sheet Metal, Air, Rail, and Transportation Workers - Transportation Division, Local 1785 (SMART TD)

5.C. Public employee performance evaluation - Gov. Code § 54957(b): City Attorney

5.D. Public employee appointment - Gov. Code § 54957(b): consider public employee appointment; title: City Manager; Gov. Code § 54957.6: conference with labor negotiator; City negotiator: Mayor/Personnel Director; unrepresented employee: City Manager

CITY MANAGER REPORT

TRAVEL ANNOUNCEMENT AND MAYOR'S HIGHLIGHT

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. Public Input for 12-Items will be heard at the time when the Public Hearing is called.

City of Santa Monica Generated: 5/29/2025 8:11 AM Page 9

7. STUDY SESSION

7.A. Proposed FY 2025-27 Biennial Budget and FY 2025-26 CIP Budget Recommended Action
Staff recommends that the City Council:

1. Receive the FY 2025-26 through FY 2029-30 Five-Year Financial Forecast Update;

2. Review and provide direction to staff on the FY 2025-27 Proposed Biennial Budget, including the FY 2025-26 Proposed Exception-Based Capital Improvement Program (CIP) Budget (Attachment A);

3. Review and provide direction to staff on proposed changes to the City’s Fees and Fines (Attachment E);

4. Provide direction to staff on revising the Council Travel Funds policy;

5. Direct staff to proceed with setting the FY 2025-27 Budget Adoption public hearing on June 24, 2025.

8. CONTINUED ITEMS
No items

9. ADMINISTRATIVE PROCEEDINGS
No items

10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption. In accordance with Charter section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
No items

11. STAFF ADMINISTRATIVE ITEMS

11.A. Appointment of City Manager and Authorization to Execute Agreement Recommended Action
Staff recommends that Council:

1. Adopt a finding that the actions are not a “project” subject to the California Environmental Quality Act (CEQA) and a finding of no possibility of significant effect pursuant to Section 15601(b)(3) (Common Sense Exemption) of the CEQA Guidelines;

2. Appoint Oliver C. Chi as City Manager commencing July 14, 2025;

3. Approve the employment agreement with Oliver C. Chi for his services as City Manager, beginning effective July 14, 2025; and

4. Authorize the Mayor to sign the employment agreement on behalf of the City.

12. PUBLIC HEARINGS
City of Santa Monica Generated: 5/29/2025 8:11 AM Page 10

12.A. Public Hearing on the Status of Staff Vacancies in the City of Santa Monica as Required by Government Code Section 3502.3
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that this report is not a project subject to the California Environmental Quality Act; and

2. Hold a public hearing and receive the informational report on City of Santa Monica staff vacancies and recruitment and retention efforts pursuant to Government Code Section 3502.3.

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Recommendation to rescind the May 13, 2025, appointment of Frederick Foy Jr. to the Transit Security Advisory Committee, and consider new appointment to the vacancy on the Committee with a term ending June 30, 2029

ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 12 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $500 to an officer of the City within the preceding 12 months.

City Hall and the Council Chambers are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the City of Santa Monica Generated: 5/29/2025 8:11 AM Page 11 scheduled meeting. Best efforts shall be made 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 special Council meeting.

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

Santa Monica Blue Bus Lines #1, #2, #3, #5, #9 and the EXPO Line serve City Hall.

Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

City Council
Report
City Council Meeting: May 27, 2025
Agenda Item:
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Records and Election Services Department Subject: Written Comments
Prepared By: David Yakobson, Staff Assistant III
Approved Forwarded to Council
Attachments:

A. Written Comments
Packet Pg. 12
1 David Yakobson
From: John Alle <[email protected]>
Sent: Tuesday, May 27, 2025 8:06 AM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Memorial Day 2025

EXTERNAL
You know who doesn't take Memorial Day off? Our Fire and Police Departments and the violent dangerous transient population. It was a day off at Santa Monica City Hall, but not for anyone else.

Insta
https://www.instagram.com/reel/DKKPC9xC6Mc/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/3Q8kRWJbv8Y
Item 1
May 27, 2025
Item 1
May 27, 2025

1.a
Packet Pg. 13
Attachment: Written Comments (7109 : Written Comments)
1 David Yakobson
From: John Alle <[email protected]>
Sent: Thursday, May 22, 2025 9:36 PM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Santa Monica's Mayor and City Council - MIA's

EXTERNAL
Why did Santa Monica Mayor Lana Negrete, City Council and Police Chief Ramon Batista remain silent 2 days and refuse to appear and comment on the gun shootings at the 3rd St. Promenade and Fairmont Miramar Hotel, and hide the recent beating by a trainer of a visitor in Reed Park in front of his wife that resulted in his 2 brain surgeries? These incidents are NOT "isolated and random." Why did then-Councilwoman Lana Negrete conceal her knowledge of a woman's rape at the 1212 Restaurant last year? Restaurant owners and 80% of retailers on the Promenade and Downtown describe assaults, overdoses and drunkenness on a regular basis, and unrestrained walk-in theft every day. Why don't Mayor Negrete, the City Council and Police admit Santa Monica has a severe problem, and assure residents and businesses of their commitment to restoring safety and the need for adequate Police funding to do so. "It's a daily living hell", complained one employee of the Westside Comedy Club (facing the alleyway between Arizona and SM Blvd.).

Insta
https://www.instagram.com/reel/DJ-ly9niZOD/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/-H9scDVOX6Y
Item 1
May 27, 2025
Item 1
May 27, 2025

1.a
Packet Pg. 14
Attachment: Written Comments (7109 : Written Comments)
1 David Yakobson
From: John Alle <[email protected]>
Sent: Sunday, May 25, 2025 10:07 AM
To: The Santa Monica Coalition
Cc: John Alle
Subject: Santa Monica's Cafes and Restaurants are NOT Safe

EXTERNAL
Both the Owner and Manager speak. Located steps away from Santa Monica's 3rd Street Promenade on Santa Monica Blvd. From its humble beginnings 50 years ago, Ye Olde King's Head and Gift Shop has developed a reputation as one of the finest, most recognizable British Pubs in the World.

Insta
https://www.instagram.com/reel/DKFYphOipJw/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA== YouTube
https://youtu.be/b60huMkXUoY
Item 1
May 27, 2025
Item 1
May 27, 2025

1.a
Packet Pg. 15
Attachment: Written Comments (7109 : Written Comments)
1 David Yakobson
From: Leo G. <[email protected]>
Sent: Thursday, May 22, 2025 6:55 PM
To: Lana Negrete; council; councilmtgitems
Subject: Urgent Action Required: Dysfunctional EV Chargers and Locked Tesla Adapters at Parking Structure 6
Follow Up Flag: Follow up
Flag Status: Flagged

EXTERNAL
Dear Mayor Lana Negrete and Santa Monica City Council Members As a long-standing resident and electric vehicle driver in Santa Monica, I am compelled to express my deep frustration regarding the deteriorating state of public EV charging infrastructure, particularly at Parking Structure 6.

What was once a model for sustainable transportation has become a symbol of neglect. Of the original 30 charging stations, fewer than half are operational. Many have been vandalized and left unrepaired.

Compounding the issue, Tesla adapters are frequently left locked in place, rendering the chargers unusable for other EV drivers. These adapters are often jammed, making removal impossible without specialized tools.

Despite multiple reports and direct communications from myself and fellow residents, there has been a complete lack of response or action from the city.

This situation is unacceptable. Immediate steps must be taken to:

Repair or replace non-functional charging stations.

Implement and enforce policies to prevent Tesla adapters from being left locked in place.

Establish clear accountability for the maintenance and functionality of EV charging infrastructure.

Santa Monica's commitment to sustainability is undermined when essential infrastructure is allowed to fall into disrepair. I urge you to address these issues promptly to restore confidence in the city's dedication to green initiatives.

Sincerely,
Lev Goukassian
Santa Monica Resident & EV Driver
Item 1
May 27, 2025
Item 1
May 27, 2025

1.a
Packet Pg. 16
Attachment: Written Comments (7109 : Written Comments)
City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 2.A
1 of 1
To: Mayor and City Council
From: Nikima Newsome, City Clerk, Special Agenda Items
Subject: Proclamation: Pride Month
Prepared By: Kennisha Williams, Administrative Staff Assistant Approved Forwarded to Council

2.A
Packet Pg. 17
City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 4.A
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Facilities Maintenance Subject: Award Bid #4494 and Authorize Agreement with Woods Maintenance Services, Inc. dba Graffiti Control Systems for Citywide Graffiti Removal Services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemptions pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) guidelines;

2. Award Bid #4494 to Woods Maintenance Services, Inc. dba Graffiti Control Systems for graffiti removal services for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute an agreement with Woods Maintenance Services, Inc. dba Graffiti Control Systems, in an amount not to exceed $697,320 for five years, with future year funding contingent on Council budget approval.

Summary
The City of Santa Monica currently provides graffiti removal services on both public and private properties. The high frequency of graffiti incidences the need for prompt removal of offensive and intimidation graffiti, and the limitations of available City equipment and staffing capacity creates a continuous need for contracted graffiti removal support.

Engaging professional graffiti removal services would continue to enhance the City’s ability to respond quickly and effectively, keeping public spaces clean, safe, and welcoming for the community. Staff recommends executing an agreement with Woods Maintenance Services, Inc., dba Graffiti Control Systems, for a total amount not to exceed $697,320 over a five-year period for graffiti removal services.

4.A
Packet Pg. 18
2 of 4
Discussion
The City removes graffiti from a wide range of surfaces, including buildings, infrastructure, poles, and signage. This work extends to properties such as City buildings, parking structures, sidewalks, benches, utility poles, street signs, and trash bins, as well as commercial buildings, multi-family residences, and alley walls.

Regardless of location, timely graffiti removal is essential, as graffiti detracts from the aesthetic appearance of the community, diminishes the public’s sense of safety and wellbeing, and can contribute to broader public safety concerns.

Public Works has historically removed over 40,000 graffiti incidences annually. City staff currently handles approximately 45% of these removals (around 18,000 tags per year) while contracted services address the remaining 22,000. The City’s in-house graffiti technicians (2.0 Full-Time Equivalent “FTE” positions) focus on tags that are safely accessible and small to medium in size. Contracted services are essential for more complex removals, including those on multi-story buildings, areas with limited landing space, or sites that pose safety risks to City staff. In addition, contractors are deployed for urgent removals involving gang-related graffiti and inflammatory hate speech or symbols. By supplementing in-house efforts with contracted support, the City is able to respond to high-priority graffiti incidents efficiently and maintain the safety and appearance of the community.

The City has historically contracted out graffiti removal services. The “Contract and AsNeeded Staffing Review Policy, Practice, Recommendations” report (Attachment A) approved on January 13, 2015, recommended that graffiti contracting services be utilized due to equipment requirements and risk management. On September 12, 2017 (Attachment B), Council awarded Bid #4280 and authorized the City Manager to negotiate and execute Contract 10533 with Graffiti Control Systems, in an amount not to exceed $357,205 over a five-year period.

Vendor Selection
Best and Only Bidder Graffiti Control Systems
Submittals Received Selection Criteria
Graffiti Control
Systems
$111.75/hour Municipal Code SMMC 2.24.180

4.A
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3 of 4
Evaluation Criteria Previous experience, the capacity to perform the service promptly, and
compliance with City specifications.

Bid Data
Bid
Posting
Date
Bid Posted
On
Bid
Advertised In
(City Charter
& Muni Code)
# of Vendors
Downloaded
# of
Submittals
Received
Date
Publicly
Opened
01/07/2025
City’s Online
Bidding Site
Santa Monica
Daily Press
40 1 02/06/2025
Additional Vendor Outreach & Justification to Award
Procurement did not conduct additional vendor outreach, as a no-bid response was received. In accordance with established procedures, outreach efforts are initiated only when a single bid is received, rather than in cases of a no-bid response.

Although Graffiti Control Systems was the only bidder, Graffiti Control Systems offers prompt response times, which is necessary for urgent graffiti removals. Moreover, Graffiti Control Systems has continued to provide the City with quality service while maintaining timely completion, effective communication and cost-efficiency. Based on these criteria, Graffiti Control Systems is recommended as the best bidder.

Environmental Review
This contract is categorically exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines 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.” This agreement would allow the City to continue to provide graffiti removal services. It can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, exempt from CEQA.

Past Council Actions
Meeting Date Description
01/13/2015
(Attachment A)
Staff Report – Contract and As-Needed Staffing Review
Policy, Practice, Recommendations
09/12/2017
(Attachment B)
Staff Report – Contract Award for Graffiti Removal Services (Agenda Item: 3.B)

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Financial Impacts and Budget Actions
Staff seeks authority to approve funding from various funds to award an agreement with Graffiti Control Systems for citywide contracted graffiti removal services. Funds are available within existing budgets and would be charged to the appropriate division or project account based on usage.

Contract Request
FY 2024-25
Request Amount
Future Years
Amount
Department
Accounts
Total Contract
Amount
$30,000 $667,320 Various Accounts $697,320
Future year funding is contingent on Council budget approval.

Prepared By: Kyla Johnson, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. January 13, 2015 Staff Report
B. September 12, 2017 Staff Report
C. Graffiti Control Systems - Levine Act
D. Graffiti Control Systems - Oaks Initiative

4.A
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4.A.a
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Attachment: January 13, 2015 Staff Report (6984 : Award Bid #4494 and Authorize Agreement with Graffiti Control Systems for Citywide Graffiti

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Attachment: January 13, 2015 Staff Report (6984 : Award Bid #4494 and Authorize Agreement with Graffiti Control Systems for Citywide Graffiti

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Attachment: January 13, 2015 Staff Report (6984 : Award Bid #4494 and Authorize Agreement with Graffiti Control Systems for Citywide Graffiti

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Attachment: January 13, 2015 Staff Report (6984 : Award Bid #4494 and Authorize Agreement with Graffiti Control Systems for Citywide Graffiti

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Attachment: January 13, 2015 Staff Report (6984 : Award Bid #4494 and Authorize Agreement with Graffiti Control Systems for Citywide Graffiti

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Attachment: January 13, 2015 Staff Report (6984 : Award Bid #4494 and Authorize Agreement with Graffiti Control Systems for Citywide Graffiti City Council
Report
City Council Meeting: September 12, 2017
Agenda Item: 3.B
1 of 4
To: Mayor and City Council
From: Susan Cline, Director, Public Works, Facilities Maintenance Subject: Contract Award for Graffiti Removal Services
Recommended Action
Staff recommends that the City Council:

1. Award Bid #4280 to Woods Maintenance Services (dba Graffiti Control Systems), a California-based company, for graffiti removal services;

2. Authorize the City Manager to negotiate and execute an agreement with Graffiti Control Systems in an amount not to exceed $68,640 (including a $6,240 contingency) for one year, with four additional one-year renewal options in the amount of $68,640 plus a 2% increase per year, for a total amount not to exceed $357,205 over a five-year period, with future year funding contingent on Council budget approval.

Executive Summary
The City provides graffiti removal services for public and private properties in Santa Monica. Due to the frequency of tagging occurrences, the urgency to remove offensive tags, and the lack of proper equipment to handle heavy-duty removals, contractor services are needed to supplement removal efforts by City Staff. In May 2017, the City solicited bids for such services. After reviewing the two bids received, staff recommends Graffiti Control Systems as the best bidder, for one year in an amount not to exceed $68,640, with four additional one-year renewal options with a 2% increase per year, for a total amount not to exceed amount of $357,205 over a five-year period.

Background
The City removes graffiti from all buildings and infrastructure. This includes public properties, such as: City buildings, parking structures, sidewalks, benches, utility poles, street signs, or trash bins, and private properties, such as commercial buildings, condos/apartments, homes, or private alley walls. Regardless of location or ownership of the property, graffiti must be removed in an expedient manner because they produce

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Attachment: September 12, 2017 Staff Report (6984 : Award Bid #4494 and Authorize Agreement with Graffiti Control Systems for Citywide 2 of 4
a negative appearance to the community, harm the public’s perceived sense of wellbeing, and directly impact public safety. Graffiti, especially ones that are gangrelated, discriminatory, or otherwise offensive, must be removed promptly in order to minimize additional graffiti and crimes, blight, and increased abatement costs down the road.

On August 12, 2014, Council awarded Bid #4160 to Graffiti Control Systems Services to provide graffiti removal services for three years in an amount not to exceed $200,000, per Attachment A. The contract was based on 24 hours per week (three eight-hour days) plus a contingency for as-needed service calls. Graffiti Control Systems Services has provided contracted graffiti removal services focusing on the Pico neighborhood and pressure washing services for difficult removals since 2006.

Discussion
The Facilities Maintenance Division removes over 43,530 tags per year. City staff removes approximately 87% (37,930) of the annual tags per year; the remaining tags, approximately 5,600, are removed by a contractor.

In-house graffiti removal technicians focus on graffiti tags that are securely accessible and small to medium-sized. Staff contracts out the more difficult graffiti removals to ensure safety and community wellbeing. The City contracts out graffiti removals on properties over two stories high with minimal landing to ensure the safety of City staff.

The City also contracts out urgent removals of gang-related or inflammatory graffiti to prevent additional tagging that could occur if the graffiti were not promptly removed. By augmenting in-house graffiti removal services with contracted services, the City has kept the response time to less than 24 business hours. In many cases, tags are removed within one hour.

In 2015, one additional graffiti removal technician position was approved as part of the Contract and As-Needed Staffing Review: Policy, Practice, & Recommendations report (Attachment B), increasing the number of in-house graffiti removal technician positions to four. However, consecutive retirements followed the approval of an additional graffiti

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Attachment: September 12, 2017 Staff Report (6984 : Award Bid #4494 and Authorize Agreement with Graffiti Control Systems for Citywide 3 of 4
removal technician, reducing the amount of full-time graffiti technicians to two and necessitating graffiti removal contract services. The four graffiti removal technician positions became fully staffed in January 2017. However, City trucks used by the crew are not equipped with mounted pressure washing capabilities to tackle graffiti tags that are more difficult to remove, another reason the Facilities Maintenance Division has used contractor services.

Vendor Selection
On May 25, 2017, the City published Notices Inviting Bids to provide citywide graffiti removal services in accordance with City specifications. The bid was posted on the City's on-line bidding site, and notices were advertised in the Santa Monica Daily Press in accordance with City Charter and Municipal Code provisions. 28 vendors downloaded the bid. Two bids were received and publicly opened on June 8, 2017 per Attachment C. Bids were evaluated based on the criteria in SMMC 2.24.072, including price, previous experience, ability to deliver, quality of product, and compliance with City specifications. Although Graffiti Control Systems Services bid is $14,352 higher, they offered a faster response time and have experience with the online Tracking Automated and Graffiti Reporting System (TAGRS). Graffiti Control Systems Services offered a 30- minute response time for emergency graffiti removal requests, while the other bidder, AES Property Services, offered a 24-hour response time. Immediate graffiti removal is essential as tags are often derogatory and tend to attract additional tagging when not promptly removed. Graffiti Control Systems Services also has experience with TAGRS, which is a database where graffiti can be photographed, recorded, and tracked for quick analysis and subject identification. AES Property Services does not have any experience with TAGRS. Staff recommends that the City continues to utilize TAGRS to support enforcement efforts against graffiti tagging. Based on the faster response time and direct experience with TAGRS, Graffiti Control Systems Services is recommended as the best bidder.

The contract to be awarded to Graffiti Control Systems Services would be based on 16 hours per week (two eight-hour days), at prevailing wage rates, plus contingency for asneeded service calls and urgent removals.

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Attachment: September 12, 2017 Staff Report (6984 : Award Bid #4494 and Authorize Agreement with Graffiti Control Systems for Citywide 4 of 4
Financial Impacts and Budget Actions
The contract to be awarded to Graffiti Control Systems is for an amount not to exceed $357,205. Funds of $68,640 are available in the FY 2017-18 budget in the Public Works Department. The contract will be charged to account 014523.544220. Future year funding is contingent on Council budget approval.

Prepared By: Kyla Johnson, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. August 12, 2014 Staff Report
B. January 13, 2015 Staff Report
C. GRAFFITI REMOVAL BID RESULTS
D. Oaks -Woods Maintenance dba Graffiti Control Systems

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Attachment: September 12, 2017 Staff Report (6984 : Award Bid #4494 and Authorize Agreement with Graffiti Control Systems for Citywide

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Attachment: Graffiti Control Systems - Levine Act [Revision 1] (6984 : Award Bid #4494 and Authorize Agreement with Graffiti Control Systems

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Attachment: Graffiti Control Systems - Levine Act [Revision 1] (6984 : Award Bid #4494 and Authorize Agreement with Graffiti Control Systems

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Attachment: Graffiti Control Systems - Oaks Initiative (6984 : Award Bid #4494 and Authorize Agreement with Graffiti Control Systems for City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 4.B
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Facilities Maintenance Subject: Award Bid #4493 and issue Purchase Order to DeltaGreen Products for Heavy Duty Cleaner and Degreaser
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemptions pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) guidelines;

2. Award Bid #4493 to DeltaGreen Products to furnish and deliver heavy duty cleaner and degreaser for the Public Works Department; and

3. Authorize the Procurement Manager to issue a purchase order with DeltaGreen Products for the purchase of heavy duty cleaner and degreaser in an amount not to exceed $123,000 for one year, with two additional two-year renewal options, for a total amount not to exceed $615,000 over a five-year period, with future year funding contingent on Council budget approval.

Summary
The Public Works Department utilizes an environmentally friendly heavy-duty cleaner and degreaser to support the cleanliness and upkeep of the downtown Promenade area and certain parking structures. Promenade Maintenance staff apply this cleaner using ride-on mechanical scrubbers, enabling efficient cleaning of streets, sidewalks, and parking structures. Regular use of this product is essential in maintaining a clean, sanitary, and well-kept environment, helping to create a welcoming space for both the community and visitors. Staff recommends DeltaGreen Products, Inc. (DeltaGreen), to provide heavy-duty cleaner and degreaser to the Public Works Department in an amount not to exceed $123,000 for one year, with two additional two-year renewal options, for a total amount not to exceed $615,000 over a five-year period.

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Discussion
Promenade Maintenance staff utilize approximately twenty-five (25) 55-gallon drums of heavy-duty cleaner and degreaser per month as part of routine efforts to maintain the cleanliness and safety of downtown, the Promenade, and certain parking structures.

This cleaning is conducted seven days per week and covers an estimated 2.5 million square feet of public walkway. The degreaser is also used in three parking structures, particularly in high-traffic zones where residue tends to accumulate. Approximately 20 staff members are assigned to these efforts, including operation of mechanical scrubbers and application of the cleaning solution. These regular maintenance activities support public safety, promote cleanliness and accessibility, and contribute to the overall economic vitality of the city.

Vendor Selection
Bidder Recommendation
Best Bidder DeltaGreen Products, Inc.

Evaluation Criteria Price, previous experience, ability to deliver, quality of product, and compliance with City specifications.

Municipal Code SMMC 2.24.180
Submittals Received
Vendor 55-Gallon Drum
(includes delivery fee, if any)
FRS Environmental $275.00
M.O. Dion and Sons, Inc. $330.06
DeltaGreen Products $409.86
Diamond Chemical Co. LLC $439.45
Aramsco Inc. $505.00
Custom Compounders, Inc. $520.84
Haaker Equipment Company $525.00
Acuity Specialty Products, Inc. $543.00
JWL Supplies $555.00
Independence Capital LLC $600.00
Signal Hill Auto Enterprises, Inc. $679.00
Safety-Kleen Systems, Inc. $700.00

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Bid Data
Bid
Posting
Date
Bid Posted
On
Bid Advertised In
(City Charter &
Muni Code)
# of
Vendors
Downloaded
# of
Submittals
Received
Date
Publicly
Opened
01/07/2025 City's Online
Bidding Site
Santa Monica
Daily Press
46 13 02/06/2025
Best Bidder Justification
Staff recommends awarding Bid #4493 to DeltaGreen as DeltaGreen’s product demonstrated superior cleaning performance, meeting all safety and environmental criteria and proving more effective overall for the City’s commercial needs. Although not the lowest bid, DeltaGreen represents the best value and long-term efficiency.

Based on these findings, Staff recommends awarding Bid #4493 to DeltaGreen.

Environmental Review
This purchase order is categorically exempt from CEQA pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines 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.” This purchase order would allow the City to continue to utilize heavy-duty cleaner and degreaser to support the cleanliness and upkeep of the downtown Promenade area. It can be seen with certainty that the agreement would not result in adverse physical impacts on the environment, and as such, exempt from CEQA.

Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to award a purchase order with DeltaGreen Products to furnish and deliver heavy-duty cleaner and degreaser.

Purchase Order Request
FY 2024-25
Request Amount
Future Years
Amount
Department
Account
Total Contract
Amount
Chem-Pak $750.00

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$20,000 $595,000 01500035.525080 $615,000
Future year funding is contingent on Council budget approval.

Prepared By: Kyla Johnson, Senior Administrative Analyst Approved Forwarded to Council
Attachments:

A. DeltaGreen - Oaks Initiative
B. DeltaGreen - Levine Act
C. Written Comments

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4.B.a
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Attachment: DeltaGreen - Oaks Initiative (6985 : Award Bid #4493 and issue Purchase Order to DeltaGreen Products for Heavy Duty Cleaner

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Attachment: DeltaGreen - Levine Act [Revision 1] (6985 : Award Bid #4493 and issue Purchase Order to DeltaGreen Products for Heavy Duty

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Attachment: DeltaGreen - Levine Act [Revision 1] (6985 : Award Bid #4493 and issue Purchase Order to DeltaGreen Products for Heavy Duty 1 David Yakobson
From: Janet Gagnon <[email protected]>
Sent: Tuesday, May 27, 2025 2:07 PM
To: Lana Negrete; Caroline Torosis; Jesse Zwick; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya
Cc: Daniel Yukelson; Jesus Rojas-Olmos; councilmtgitems Subject: Algorithmic Software Ordinance - Agenda Item 4G Attachments: Santa Monica Algorithmic Software Item 4G-05272025.pdf

EXTERNAL
Honorable Mayor Lana Negrete and Members of the Santa Monica City Council, Attached please find a formal comment letter from the Apartment Association of Greater Los Angeles (AAGLA) representing more than 10,000 rental housing providers throughout Los Angles, Ventura and San Bernardino counties, including many in Santa Monica. 80% of our members are small, mom-and-pop multifamily owners with fewer than 20 units and provide some of the most aƯordable housing in Santa Monica.

We urge you to modify the draft ordinance in order to properly address small rental housing providers and their drastically diƯerent position as small, local businesses. Without your help and recognition, more RSO properties will be lost in Santa Monica.

Thank you for your consideration.

Sincerely,
Janet M. Gagnon
Janet M. Gagnon, Esq.

Chief Corporate Affairs Officer &
Senior Vice President, Government Affairs & External Relations Apartment Association of Greater Los Angeles
621 South Westmoreland Avenue
Los Angeles, California 90005
t: 213/384-4131 ext 309 | f: 888/384-4131 | [email protected] www.aagla.org
Twitter |Facebook | LinkedIn
The Voice of Multifamily Housing Since 1917 ©
“Let not any one pacify his conscience by the delusion that he can do no harm if he takes no part, and forms no opinion. Bad men need nothing more to compass their ends, than that good men should look on and do nothing. He is not a good man who, without a protest, allows wrong to be committed in his name, and with the means which he helps to supply, because he will not trouble himself to use his mind on the subject.” John Stuart Mill - 1867
Item 4-B
May 27, 2025
Item 4-B
May 27, 2025

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Attachment: Written Comments (6985 : Award Bid #4493 and issue Purchase Order to DeltaGreen Products for Heavy Duty Cleaner and

APARTMENT ASSOCIATION OF GREATER LOS ANGELES
AAGLA
“Great Apartments Start Here!”

Janet M. Gagnon
Senior Vice President, Government
Affairs & External Relations
[email protected]
213.384.4131; Ext. 309

May 27, 2025
Via Electronic Mail
Honorable Mayor Lana Negrete
and the Members of the Santa Monica City Council
City Hall Council Chambers
1685 Main Street, Room 250
Santa Monica, California 90401
Re: Algorithmic Software – Agenda Item 4G
Honorable Mayor Negrete and Members of the Santa Monica City Council:

The Apartment Association of Greater Los Angeles (AAGLA) represents rental housing providers throughout Los Angeles, Ventura and San Bernardino counties, including many in Santa Monica. More than 80% of our membership are mom-and-pop owners with 20 or fewer units.

We understand the very real concern about price fixing in Santa Monica using nonpublic data as the reason for this new algorithmic software ordinance (Agenda Item 4G). However, we are extremely concerned that this ordinance as currently drafted will unintentionally discourage small mom-and-pop owners from continuing to provide needed affordable housing in Santa Monica for fear of being charged $1,000 per violation PLUS attorneys’ fees and costs simply for using readily available off the shelf software that such owners have no ability to influence or to change the existing algorithms built into the program.

As the City Attorney’s report references, the Department of Justice lawsuit involves large corporations owning thousands of units collaborating to use nonpublic information. These are players in a different universe from local, small rental housing providers. Mom-and-pop owners do not have the financial means to protect themselves from frivolous lawsuits with threats of huge potential penalties and attorneys’ fees.

Such huge exposure will only push more mom-and-pop owners out of business and their older, affordable properties off the market in Santa Monica for redevelopment by new corporate owners as luxury housing.

We need the City Council’s assistance to prevent small, mom-and-pop owners from becoming innocent victims in the financial crossfire created by this ordinance by providing a staggered or delayed implementation date for rental housing providers with 20 or fewer units from liability for at least 6 months, so that they are able to be made aware of this new ordinance. Also, we ask that the City itself conduct extensive outreach and education to rental housing providers, especially those owning rent stabilized units, Item 4-B
May 27, 2025
Item 4-B
May 27, 2025

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Attachment: Written Comments (6985 : Award Bid #4493 and issue Purchase Order to DeltaGreen Products for Heavy Duty Cleaner and

APARTMENT ASSOCIATION OF GREATER LOS ANGELES
AAGLA
“Great Apartments Start Here!”

to make them aware of this ordinance before it becomes effective in order to enable owners to proper comply before being subject to penalties.

Alternatively, we would ask that the penalties be limited to “intentional violations” rather than merely the act of non-compliance itself that may well be happening merely for lack of knowledge on this very new type of ordinance that addresses an issue of first impression not decided by a single court in the nation at this time.

Also, we would urge the City Council to consider the damaging impacts this will have on rental housing providers and their ability to comply if the City adopts an ordinance now within months of statewide legislation likely being adopted. There are already at least three state senate bills addressing this issue, namely SB52 (Perez), SB295 (Hurtado) and SB384 (Wahab). There has been no data provided by the City as to how many renters in Santa Monica have even been directly impacted by any negative consequences of existing software. Thus, it would be far better to let the state lead on the issue in order to maximize compliance and understanding among rental housing providers, renters and the general public.

We realize that this item is on the consent calendar for tonight, but we would urge a more detailed and holistic review of this ordinance given the staggering negative consequences it will have on mom-and-pop owners’ ability to continue providing affordable housing as well as in light of the currently pending state legislation.

Thank you for your time and consideration. Please feel free to reach out to me directly by telephone at (213) 384-4131; Ext. 309 or via electronic mail at [email protected].

Sincerely,
Janet M. Gagnon
Janet M. Gagnon, Esq.

CC: Daniel Yukelson, Executive Director, Apartment Association of Greater Los Angeles Item 4-B
May 27, 2025
Item 4-B
May 27, 2025

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Attachment: Written Comments (6985 : Award Bid #4493 and issue Purchase Order to DeltaGreen Products for Heavy Duty Cleaner and City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 4.C
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Award RFP SP2307-2025 and Agreement to Archi.txture, LLC dba BASK for the Purchase and Installation of Furniture Citywide
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award RFP #SP2307-2025 to Archi.txture, LLC dba BASK to provide Steelcase systems furniture procurement, installation, and consulting services citywide on an as-needed basis; and

3. Authorize the City Manager to negotiate and execute an as-needed services agreement with Archi.txture, LLC dba BASK for an amount not to exceed $1,000,000 over a five-year period.

Summary
As City departments evolve and relocate, existing furniture is frequently reused to accommodate new locations and space needs. The City is committed to maximizing the lifespan of its furniture through reuse, reconfiguration, and maintenance prior to purchasing new. However, the occasional need for new furniture arises when existing furniture pieces reach the end of their useful life or when reuse and reconfiguration within limited spaces are not feasible. Staff recommends awarding an as-needed services agreement with Archi.txture, LLC dba BASK to provide Steelcase furniture systems, consistent with furniture selected in the Total Workplace Initiative standard established in 2020, and related services for an amount not to exceed $1,000,000 over a five-year period for various citywide furniture projects. These citywide furniture projects would be funded from Council-approved budgets in various departments and the recommended agreement would only be utilized on an as-needed basis.

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Discussion
Council authorized an agreement with Archi.txture, LLC in October 2018 in an amount not to exceed $3,000,000 to provide 1) Steelcase furniture systems and related services including design, delivery, and installation for the City Services Building (CSB) and 2) as-needed services for other City staff offices (Attachment B). The CSB was completed in 2020 and established a new standard for City staff’s workplace based on Total Workplace Initiative ideals to provide a working environment that is flexible, efficient, and highly responsive by making the best use of an open work plan and integrating City services in ways that better serve the community. The new standard also specified an ergonomic furniture system for a more environmentally conscious workplace. The City is committed to maximizing the lifespan of its furniture through reuse, reconfiguration, and maintenance prior to purchasing new; however, as City departments evolve and relocate and office space needs change, there is the occasional need for new furniture when existing furniture pieces reach the end of their useful life or when reuse and reconfiguration within limited spaces are not feasible.

As the 2018 contract approached the end of its five-year period and reached the spending authority limit, the City issued an informal RFP to solicit Steelcase vendors for as-needed services for City staff offices to continue with Total Workplace Initiative ideals. On April 26, 2023, an informal Request for Proposals (RFP) to select up to two qualified vendors to provide Steelcase systems furniture procurement, installation, and consulting services on an as-needed basis was issued. The RFP was posted on the City’s online bidding site and one proposal was received and evaluated based on the criteria outlined in the RFP, which included experience, references, work plans/timelines, project team, cost, and project management controls. On May 30, 2023, the Evaluation Team comprised of Architecture Services staff from the Public Works Department recommended Archi.txture, LLC dba Catalyst at the time as the only bidder and best qualified firm. In October 2023, the vendor changed their dba name from Catalyst to BASK. In March 2024, the City executed a contractual services agreement with Archi.txture, LLC dba BASK in an amount not to exceed $240,000 over a five-year period.

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Within one year of contract execution, 99% of the spending authority of the existing agreement with Archi.txture, LLC dba BASK has been used leaving roughly $200 in remaining spending authority. City staff has a list of foreseeable projects totalling approximately $300,000 currently in review and anticipates $200,000 annual expenditure from various departments for new furniture. The need for a new contract with a Steelcase vendor is imminent.

Staff recommends awarding an as-needed services agreement with Archi.txture, LLC dba BASK to provide Steelcase furniture systems and related services for an amount not to exceed $1,000,000 over a five-year period for various citywide furniture projects.

These citywide furniture projects would be funded from Council approved budgets in various departments and the recommended agreement would only be utilized on an asneeded basis.

Typical projects are office remodels, office reorganizations, and tenant improvement projects, and may include:
• New workstations in existing furniture contexts
• Office remodels with some new procured furniture and utilizing some parts and pieces of existing inventory
• Office remodels with only new procured furniture
Vendor Selection
Bidder Recommendation
Best Qualified
Person/Firm
Archi.txture LLC dba BASK
Evaluation Criteria Experience, References, Work Plans, Project Team, Cost, Project Management Controls
Municipal Code SMMC 2.24.190
RFPs Received
Archi.txture LLC dba BASK
RFP Data

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On February 6, 2025, the City issued a formal Request for Proposals (RFP) to obtain proposals for Citywide Furniture Purchasing. The City received a total of one proposal. An evaluation team composed of Architecture Services staff evaluated the proposal and recommend Archi.txture, LLC dba BASK as the best and only bidder for the experience, references, work plans, project team, cost, and project management controls consistent with City requirements. The City reached out to 3 vendors who downloaded the project from OpenGov to see why a bid was not submitted; but no response was received.

Justification to Award
Date
Posted
Posted On Advertised In
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
2/6/2025 City's Online
Bidding Site
Santa Monica Daily
Press
69 3/10/2025
Environmental Review
The agreement is exempt from the California Environmental Quality Act (CEQA) under Section 15301 (Existing Facilities) of the CEQA Guidelines. Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use.” The agreement would provide for furniture procurement and replacement, installation, and consulting services, for existing City facilities and would not result in any significant expansions to the existing facilities. As such, the agreement is categorically exempt as set forth in Section 15301 of the CEQA Guidelines.

Past Council Actions
Meeting Date Description
10/24/2017
(Attachment A)
Appropriation of $2 Million in FY 17-18 Budget for the Total Workplace Initiative
10/23/2018
(Attachment B)
Award of Furniture Agreement for City Services Building Project

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Financial Impacts and Budget Actions
Staff seeks authority to approve funding from various funds to award an agreement with Archi.txture, LLC dba BASK to provide Steelcase systems furniture procurement, installation, and consulting services. Funds are included in the FY 2025-27 Proposed Biennial Budget in the various department budgets. Costs will be charged to each department based on the furniture purchasing and installation requisitioned by each department as needed.

Contract Request
Funding
Source Account #
FY 2025-2026
Request
Amount
Future Years
Amount
Total Contract
Amount
Various Various $200,000 $800,000 $1,000,000
Future year funding is contingent on Council budget approval.

Prepared By: Yukiko Takahashi, Architectural Associate
Approved Forwarded to Council
Attachments:

A. October 24, 2017 Staff Report (Web Link)
B. October 23, 2018 Staff Report (Web Link)
C. Archi.txture (BASK) - Oaks Initiative
D. Archi.txture (BASK) - Levine Act

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CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

FOR CITY USE ONLY:

Bid/PO/Contract # Permit #
Archi.txture LLC, DBA BASK
Adam Mims - CEO and owner
Steelcase, Inc - 40% owner
Brian Shugrue Vice President
04/23/25
[email protected] 978-430-8072
Brian Shugrue Digitally signed by Brian Shugrue
DN: C=US, [email protected], O=BASK,
CN=Brian Shugrue
Date: 2025.04.23 16:25:06-07'00'

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Attachment: Archi.txture (BASK) - Oaks Initiative (7000 : Award RFP SP2307-2025 and Contract to Archi.txture, LLC dba BASK for Citywide City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions. ✔

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Attachment: Archi.txture (BASK) - Levine Act (7000 : Award RFP SP2307-2025 and Contract to Archi.txture, LLC dba BASK for Citywide City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signed: ____________________________Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request. 4/23/25
Brian Shugrue Vice President
Archi.txture LLC, DBA BASK
Brian Shugrue Digitally signed by Brian Shugrue
DN: C=US, [email protected],
O=BASK, CN=Brian Shugrue
Date: 2025.04.23 16:23:09-07'00'

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Attachment: Archi.txture (BASK) - Levine Act (7000 : Award RFP SP2307-2025 and Contract to Archi.txture, LLC dba BASK for Citywide SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.

1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:
x Building and development permits
x Conditional use permits
x Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
x Public street abandonments
x Private development plans
x Professional license revocations
x Rezoning of specific real estate parcels
x Event permits
x Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
x Special district formation proceedings involving the creation of a special use or benefit to the person in the district
x Tentative subdivision and parcel maps

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Attachment: Archi.txture (BASK) - Levine Act (7000 : Award RFP SP2307-2025 and Contract to Archi.txture, LLC dba BASK for Citywide

x Zoning variances
x Vacation of a public easement across private property x Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
x Contracts entered under the City Manager’s Authority
x Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
x Contracts under $50,000
x Contracts where no party receives financial compensation x Contracts between two or more public agencies
x Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
x Purely ministerial decisions
x General policy decisions or rules where the interests affected are many and diverse
x Ordinances and resolutions (except items like development agreements adopted by ordinance)
x Ballot measures
x Departmental policies
x Council rules
x Labor contracts and project labor agreements
x Personal employment contracts
x Allocation of resources in the City budget

2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.

Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.

3. What must be disclosed?
A party must disclose campaign contributions over $500 made in the prior twelve months.

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or

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Attachment: Archi.txture (BASK) - Levine Act (7000 : Award RFP SP2307-2025 and Contract to Archi.txture, LLC dba BASK for Citywide

other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.

4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.

5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.

Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html

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Attachment: Archi.txture (BASK) - Levine Act (7000 : Award RFP SP2307-2025 and Contract to Archi.txture, LLC dba BASK for Citywide City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 4.D
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street Services
Subject: Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for OnCall Surveying Services Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of exemption pursuant to Section 15262 of the California Environmental Quality Act (CEQA) Guidelines;

2. Award RFP #SP2539 to PSOMAS and KDM Meridian to provide on-call surveying services for the Public Works Department; and

3. Authorize the City Manager to negotiate and execute agreements for on-call surveying services with PSOMAS and KDM Meridian, in an amount not to exceed $250,000 for each agreement, over a five-year period, with one (1) fiveyear renewal option under the same terms and conditions as the original period.

Prior to the end of the initial term, staff will present the extended term to the City Council for ratification
Summary
The Public Works Department remains committed to prioritizing infrastructure maintenance, safety enhancements, and adopting innovative approaches to streamline project delivery. These efforts align with the City Council’s goals of promoting clean streets and safe neighborhoods throughout Santa Monica. One of the main functions of the Public Works Department’s Engineering and Street Services Division is to prepare survey records, parcel maps, tract maps, and lot line adjustments at the request of property owners and for the development and implementation of smaller, medium-scale and time-sensitive Capital Improvement Program (CIP) projects such as drainage, roadway, curb ramps, sidewalks extensions. To continue providing these services and

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efficiently address property owners’ requests and to expedite CIP project delivery, Public Works frequently utilizes on-call surveying services. The current on-call surveying agreement has expired. Staff recommends awarding agreements to PSOMAS and KDM Meridian to provide on-call surveying services for the Public Works Department for an amount not to exceed $250,000 for each agreement over a five-year period, with one (1) five-year renewal option in the amount of $250,000 for each agreement, on the same terms and conditions, for a total amount not to exceed $500,000 per agreement and $1,000,000 total for both agreements over a ten-year period. The recommended agreements would only be utilized on an as-needed basis and only if funding is available in current and future City Operating and Capital Program Budgets approved by Council.

Discussion
The City’s standard procurement process is well-suited for large, complex capital projects. However, for smaller and medium-sized projects that require quicker turnaround times, on-call services offer a more efficient approach. By utilizing on-call services through as-needed agreements, staff can respond promptly to time-sensitive surveying needs, optimize administrative resources, and enhance overall efficiency in project delivery. This streamlined approach ensures that tasks such as preparing topographic surveys, legal descriptions for easements, or construction staking can be completed efficiently without unnecessary delays.

By utilizing on-call consultants through as-needed agreements, staff would be able to continue servicing time-sensitive land development requests and would shorten project delivery timelines.

On-call surveying firms would be equipped to quickly provide a range of professional land surveying services to support various projects, including, but not limited to:
• Conduct boundary surveys.
• Perform topographic surveys and prepare contour maps. • Provide supporting CAD and 3D surface information.

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• Provide legal descriptions and exhibits for easements, and other right-of-way needs.
• Monument perpetuation – program, methods and procedures for preserving and replacing survey monuments.
• Updates to centerline tie program including, but not limited to, preparation, documentation, data collection, and recordation processes. • Preparation of survey records, parcel maps, tract maps, and lot line adjustments.
• Conduct construction staking and provide as-built surveys. • Provide consultation and technical support to the client on matters related to land surveying.
• Title reports consultation (title reports may be researched by sub-consultant). • Review historical property and real estate information and provide professional opinion as it may relate to property ownership and use. • Miscellaneous requests as directed by the City.

Staff have utilized on-call survey services agreements previously and the prior agreements are now expired. Staff recommends PSOMAS and KDM Meridian as the best qualified firms to provide on-call surveying services and recommend executing asneeded professional services agreements in an amount not to exceed $250,000 for each agreement over a five-year period, with one (1) five-year renewal option under the same terms and conditions as the original period. Prior to the end of the initial term, staff will present the extended term to the City Council for ratification.

The two recommended on-call firms would be utilized on an as-needed basis by the City. Staff would issue a Task Order Request (Request) inviting proposals from the two on-call firms. A Task Order would be awarded to the best qualified firm in an amount not to exceed $250,000 per term. Proposals would be evaluated and ranked based on criteria defined in the Request. Funding for individual task orders would come from various accounts already approved by Council as a part of the City’s Operating and/or

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Capital Improvement Program budget. Projects are funded by various sources including grants, local return funds, City enterprise funds (such as Water and Wastewater, Beach, Pier, BBB), as well as the General Fund when funding is available.

Consultant Selection
Bidder Recommendation
Best Qualified
Firms
PSOMAS KDM Meridian
Evaluation Criteria The evaluation criteria include the following: Experience (expertise and past performance in relevant projects),
References (client feedback and reliability), Work Plan/Timelines (approach to project execution and adherence to schedule), Project Team (qualifications and capability of assigned personnel), and Cost (competitiveness and value of the proposed pricing). These criteria ensured a comprehensive assessment of each firm’s abilities to successfully complete the project.

Municipal Code SMMC 2.24.190

RFPs Received
KDM Meridian PSOMAS Tetra Tech, Inc.

Onward Engineering IMEG Consultant Corp. Cannon Corporation Coast Surveying, Inc. Cabrinha, Hearn & Associates Builoff Surveying & Mapping, Inc.

Wildan Engineering KAD Engineers KPFF Consulting Engineer NV5, Inc. IDS Group, Inc
RFP Data
Date
Posted Posted On
Advertised In
(City Charter &
SMMC)
Vendors
Downloaded
Submittals
Received
Date
Publicly
Opened
02/03/2025 City's Online
Bidding Site
Santa Monica
Daily Press 77 14 03/03/2025

Justification to Award
Vendor proposals were evaluated by an Evaluation Committee from the Public Works Department using the criteria outlined in the RFP, which included experience, references, work plans and timelines, project team, and cost. Following a thorough evaluation, PSOMAS and KDM Meridian were identified as the best-qualified firms due to their demonstrated expertise in surveying, strong track record of successful project

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delivery, and ability to provide responsive, high-quality services. Both firms showcased extensive experience in delivering a wide range of surveying services for public sector clients. Their work plans were detailed and well-structured, outlining clear methodologies for executing surveying tasks and committing to fast response times, which is critical for the City’s time-sensitive projects. Additionally, each firm proposed a highly qualified project team, including licensed surveyors and experienced technical staff, further demonstrating their capability to meet the City’s needs. PSOMAS and KDM Meridian received the highest scores during the evaluation process, outperforming other proposers in both technical approach and ability to deliver on-call services efficiently.

The RFP stated that two firms would be selected to ensure competitiveness among the on-call firms when proposing future requests. Based on their superior qualifications and evaluation results, staff recommend PSOMAS and KDM Meridian as the best-qualified firms to provide on-call surveying services.

Environmental Review
The award of as-needed professional services agreements for on-call surveying services is exempt from CEQA pursuant to Section 15262 (Feasibility and Planning Studies), which exempts feasibility and planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded. The agreements would provide for surveying services and does not commit the City to any future projects that would have a physical impact on the environment. Therefore, award of the agreements is exempt pursuant to Section 15252.

Financial Impacts and Budget Actions
Staff seeks authority to award as-needed professional services agreements with PSOMAS and KDM Meridian for on-call surveying services. Awarding the recommended agreements does not negatively impact any previously unfunded or future projects, as the agreements would only be utilized for funded City projects, as

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reflected in the adopted operating and capital improvement program budgets. Each agreement is not to exceed $250,000 over a five-year period, with one (1) five-year renewal option under the same terms and conditions as the original period .Prior to the end of the initial term, staff will present the extended term to the City Council for ratification. Expenditures would be incurred upon the issuance of a task order by the Public Works Director, the cost of which would be charged to each department or applicable CIP account as needed and only if funding is available.

Prepared By: Mohammad Dakwar, Civil Engineering Assistant Approved Forwarded to Council
Attachments:

A. KDM Meridian - Oaks Initiative
B. KDM Meridian - Levine Act
C. PSOMAS - Oaks Initiative
D. PSOMAS - Levine Act

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Attachment: KDM Meridian - Oaks Initiative (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call Surveying

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Attachment: KDM Meridian - Levine Act [Revision 1] (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call

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Attachment: KDM Meridian - Levine Act [Revision 1] (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call

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Attachment: KDM Meridian - Levine Act [Revision 1] (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call

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Attachment: KDM Meridian - Levine Act [Revision 1] (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call

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Attachment: KDM Meridian - Levine Act [Revision 1] (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call

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Attachment: KDM Meridian - Levine Act [Revision 1] (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call

CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

FOR CITY USE ONLY:

Bid/PO/Contract # Permit #
Daniel Rahe Vice President
03/03/25
[email protected] 213.223.1566
Psomas, a California corporation
Richard Sullivan
Alysen Weiland
Reuben Tolentino
Ann Johnston
Alejandro Angel
Matt Clark
None

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Attachment: PSOMAS - Oaks Initiative (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call Surveying

UNANIMOUS WRITTEN CONSENT
OF THE

BOARD OF DIRECTORS OF PSOMAS,
a California corporation.

January 5, 2024
THE UNDERSIGNED, being all of the members of the Board of Directors of Psomas, a California corporation (the “Corporation”), hereby adopt the following resolutions without a meeting as of the date set forth above, pursuant to Section 307(b) of the General Corporation Law of California:

RESOLVED that the following, being the Officers of the Corporation, be and hereby are authorized to execute any and all documents required to conduct the business of the Corporation, including, but not limited to contracts, leases and certifications;
IT IS FURTHER RESOLVED that any one signature of the Officers listed herein shall be sufficient to bind the Corporation;
STEVE MARGARONI President and Chief Executive Officer
NICK TARDITTI Chief Financial Officer, Treasurer, Assistant Secretary CHAD WILSON Vice President, Secretary
CRAIG AHRENS Vice President
ALEJANDRO ANGEL Vice President
SESSYLE ASATO Vice President
BRETT BARNETT Vice President
REGINA BEEM Vice President
JAMES BITTNER Vice President
DON BJELK Vice President
MARC BLAIN Vice President
MONIKA BOWDEN Vice President
MICHAEL BOWEN Vice President
SCOTT BRYANT Vice President
BRIAN E. BULLOCK Vice President
JEFFREY CHESS Vice President
MARCIA CARRILLO Vice President
MATTHEW D. CLARK Vice President
SARAH CURRAN Vice President
DAVID CURTIS Vice President
CHRIS DAVENPORT Vice President
NELSON DAVIS Vice President
AMY DAY Vice President
WILLIAM ESTEPA Vice President
ROSE FISTROVIC Vice President
PETER FITZPATRICK Vice President
DAN FORGEY Vice President
BRIAN FRAGIAO Vice President
JASON FRITZLER Vice President
PAUL GERVACIO Vice President
ELIZABETH GIBSON Vice President
JEFF GILLIS Vice President
DANNIE B. GREEN Vice President
TIMOTHY G. HAYES Vice President
GREGORY A. HELMER Vice President
ALIA HOKUKI Vice President
JIM HUNTER Vice President
ROBERT J. IANNARINO Vice President
JEREMY JOHNSON Vice President

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Attachment: PSOMAS - Oaks Initiative (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call Surveying Unanimous Written Consent of the Board of Directors of Psomas January 5, 2024

ANN JOHNSTON Vice President
ALLISON KOOIMAN Vice President
DAVID LUZURIAGA Vice President
RYAN LYNCH Vice President
JENNIFER MARKS Vice President
FRANK MARTIN Vice President
NANDEZ MILLER Vice President
CECILIA MOKLER Vice President
NATHANIEL MOZER Vice President
ARIEF NAFTALI Vice President
ANDREW NICKERSON Vice President
STEVE NORTON Vice President
JUSTIN PALLAMARY Vice President
TRAVIS PERRY Vice President
MARK PFEILER Vice President
TOM PILARSKI Vice President
GERRIT POST Vice President
DANIEL RAHE Vice President
MICHAEL R. REDIG Vice President
TERESITA REUTTER Vice President, Assistant Treasurer
SCOTT ROCKE Vice President
GINA ROWE Vice President
MAIRA SALCEDO Vice President
SEAN SAMSEL Vice President
GARY SKREL Vice President
SEAN SMITH Vice President
THEO SMITH Vice President
RICHARD M. SULLIVAN Vice President
MICHAEL D. SWAN Vice President
KEVIN T. THORNTON Vice President
AARON TILLMANS Vice President
REUBEN TOLENTINO Vice President
MISHA TROYAN Vice President
ALYSEN WEILAND Vice President
BRIAN WRIGHT Vice President
TERRENCE WRIGHT, JR. Vice President
CAROLINE YONTEZ Vice President
This Unanimous Written Consent shall be filed with the Minutes of the proceedings of the Board of Directors, and the actions taken hereby shall have the same force and effect as if taken at a meeting duly called and held.
[SIGNATURE ON NEXT PAGE]

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Attachment: PSOMAS - Oaks Initiative (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call Surveying Unanimous Written Consent of the Board of Directors of Psomas January 5, 2024

Ryan E. McLean Richard Sullivan
Matthew D. Clark Mike Lucki
Ann Johnston Steve Margaroni
Alejandro Angel Reuben Tolentino
Alysen Weiland

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Attachment: PSOMAS - Oaks Initiative (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call Surveying City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

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Attachment: PSOMAS - Levine Act (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call Surveying Services) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.

Signed: Date: ____________________
Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

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Attachment: PSOMAS - Levine Act (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call Surveying Services) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.

1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps

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Attachment: PSOMAS - Levine Act (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call Surveying Services)

• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Contracts under $50,000
• Contracts where no party receives financial compensation • Contracts between two or more public agencies
• Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget

2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.

Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.

3. What must be disclosed?
A party must disclose campaign contributions over $500 made in the prior twelve months.

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or

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Attachment: PSOMAS - Levine Act (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call Surveying Services)

other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.

4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.

5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.

Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html

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Attachment: PSOMAS - Levine Act (7004 : Award RFP SP2539 and Agreements to PSOMAS and KDM Meridian for On-Call Surveying Services) City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 4.E
1 of 4
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Authorization of First Modification to Agreement #11583 with ACCO Engineered Systems, Inc. for the Airport Mechanical Equipment Replacement Project
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15302 (Replacement and Reconstruction) of the California Environmental Quality Act (CEQA) Guidelines;

2. Authorize the City Manager to negotiate and execute a first modification to agreement #11583 (CCS) in the amount of $1,055,945 (including no additional contingency) with ACCO Engineered Systems, Inc. (ACCO), a California-based company, for additional equipment and construction work to complete the Airport Mechanical Equipment Replacement Project. This will result in an amended agreement with a new total amount not to exceed $3,049,035 (including 6% contingency) with future year funding contingent on Council budget approval.

Summary
The Santa Monica Airport (SMO) not only provides aeronautical operations but also provides areas of business, education, and entertainment for community members, visitors, and City staff. The mechanical equipment in many City-owned buildings at SMO and throughout the City has reached the end of its useful life and requires replacement. ACCO Engineering Systems, Inc. (ACCO) was awarded the Airport Mechanical Equipment Replacement Project (Project) on May 28, 2024, in an amount not to exceed $1,993,090 (including a 10% contingency) (Attachment A). The Project includes the replacement of the mechanical equipment throughout the SMO Administration Building. Existing equipment configurations that did not meet standard

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code and maintenance regulations and the lack of access to equipment and its distribution (duct) systems were discovered within the existing building when construction started. Staff recommends the execution of the first modification to agreement #11583 (CCS) between the City and ACCO, in an amount not to exceed $1,055,945 to accommodate revised system requirements, scope changes, and additional scope identified due to existing equipment and site conditions necessary to complete the Project. This would result in an amended agreement with a new total amount not to exceed $3,049,035 (maintaining a 6% contingency).

Discussion
The existing agreement #11583 (CCS) with ACCO includes the replacement of the mechanical equipment at the SMO Administration Building’s cooling tower and suites 3233A, 3233B, 3233C, 3233D, 3235, 3145, 3155, and 3157. ACCO was awarded the Project on May 28, 2024 (Attachment A), and a construction contract was executed between the City and ACCO on September 5, 2024.

Following the project initiation, investigative testing was completed including the review of existing systems and field conditions resulting in revisions to the original scope of work. The City procured revisions to the design documents produced by BOA Architecture, the original designer of the Airport Mechanical Equipment Replacement Project, including the mechanical drawings prepared by their sub-consultant, WSP. The revisions to the original bidding documents were provided in November 2024.

The revisions indicate that the replacement equipment for the cooling tower requires a redesign to accommodate the existing cooling tower configuration and future maintenance needs, including, but not limited to, access to mechanical panels and clearances between equipment. Also, the new equipment at the cooling tower requires a new communication and integration system between the equipment being replaced and the existing equipment remaining in place.

The scope of work at suites 3233A, 3233B, 3233C, 3233D, and 3235 require revisions that would include updates to the mechanical equipment layout and distribution system,

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replacement of lighting, electrical distribution, fire alarm and suppression systems, and an updated finish schedule necessary to accommodate existing site conditions.

The scope of work at suites 3145, 3155, and 3157 require a redesign of mechanical equipment and rescoping to accommodate current site conditions. These changes include the addition of mechanical equipment, relocation of existing mechanical equipment, updates to the air distribution systems, installation of additional control systems, and finish work for all areas affected by the new layout of the mechanical equipment.

The revised scope of work for each site within the Project was realized following project initiation and is a product of upgrading systems within an existing facility and accommodating unforeseen conditions. To accommodate revised system requirements, scope changes, and additional scope identified due to unforeseen conditions necessary to complete the Project, staff recommends the execution of a first modification to agreement #11583 (CCS) between the City and ACCO, in an amount not to exceed $1,055,945. This would result in an amended agreement with a new total amount not to exceed $3,049,035.

Environmental Review
The agreement for the Airport Mechanical Equipment Replacement Project is categorically exempt from CEQA pursuant to Section 15302 (Replacement and Reconstruction) of the CEQA Guidelines. Section 15302 exempts Class 2 projects that “consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same existing mechanical equipment system with the same purpose and capacity. Therefore, the contract for the Airport Mechanical Equipment Replacement Project is exempt pursuant to Section 15302.

Past Council Actions
Meeting Date Description
05/28/2024 Authorize agreement with ACCO Engineered Systems, Inc.

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(Attachment A) (ACCO) following the RFP process.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Airport Fund to increase the amount of agreement #11583 with ACCO to complete construction work for the Airport Mechanical Equipment Replacement Project.

Future year funding is contingent on Council budget approval.

Prepared By: William Clerk, Architectural Associate
Approved Forwarded to Council
Attachments:

A. May 28, 2024 Staff Report (Web Link)
B. ACCO - Original Contract #11583
C. ACCO - Oaks Initiative
D. ACCO - Levine Act
Agreement Modification Request
Agreement
#
Current
Authorized
Amount
Modified
Request
Amount
FY 2024-25 CIP
Account #
Total Revised
Contract
Amount
11583 $1,993,090 $864,055 C5704690.689000 $2,857,145
$0 $191,890 C5704700.689000 $191,890
TOTAL $3,049,035

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Attachment: ACCO - Original Contract #11583 (7017 : Authorize 1st Mod to Contract #11583 with ACCO for the Airport Mechanical Equipment

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Attachment: ACCO - Original Contract #11583 (7017 : Authorize 1st Mod to Contract #11583 with ACCO for the Airport Mechanical Equipment

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Attachment: ACCO - Original Contract #11583 (7017 : Authorize 1st Mod to Contract #11583 with ACCO for the Airport Mechanical Equipment

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Attachment: ACCO - Original Contract #11583 (7017 : Authorize 1st Mod to Contract #11583 with ACCO for the Airport Mechanical Equipment

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Attachment: ACCO - Original Contract #11583 (7017 : Authorize 1st Mod to Contract #11583 with ACCO for the Airport Mechanical Equipment

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Attachment: ACCO - Original Contract #11583 (7017 : Authorize 1st Mod to Contract #11583 with ACCO for the Airport Mechanical Equipment

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Attachment: ACCO - Original Contract #11583 (7017 : Authorize 1st Mod to Contract #11583 with ACCO for the Airport Mechanical Equipment

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Attachment: ACCO - Original Contract #11583 (7017 : Authorize 1st Mod to Contract #11583 with ACCO for the Airport Mechanical Equipment

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Attachment: ACCO - Levine Act (7017 : Authorize 1st Mod to Contract #11583 with ACCO for the Airport Mechanical Equipment Replacement City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 4.F
1 of 5
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Office of Sustainability & the Environment
Subject: Authorize First Modification to Agreement #5059 with Water Heater Warehouse for Heat Pump Water Heater Installation Services Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15311 of the California Environmental Quality Act Guidelines

2. Authorize the City Manager to negotiate and execute a first modification to agreement #5059 in the amount of $250,000 with Water Heater Warehouse for heat pump water heater installation services for the Public Works Department.

This will result in a five-year amended agreement with a new total amount not to exceed $500,000, which includes funding for future heat pump water heater services.

Summary
The Public Works Department’s Office of Sustainability and the Environment (OSE) and Facilities Maintenance Division worked with staff from the Southern California Regional Energy Network (SoCalREN) to install water heaters at various City facilities using funding from SoCalREN’s Heat Pump Water Heater Program at no cost to the City in late 2024. This program offers services that promote renewable energy and energy efficiency for public agencies. It is a first-come, first-serve incentive program that offers free technical support and funding to cover up to 100% of the cost of replacing gas water heaters with electric heat pump water heaters. Additional funding has recently become available.

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Replacing gas systems with heat pumps would not only save the City money but would also help reduce carbon emissions and support the electrification goals outlined in the City’s adopted Climate Action & Adaptation Plan (Attachment A). Staff recommends executing a first modification to Agreement #5059 in the amount of $250,000 with the selected vendor for this incentive program, Water Heater Warehouse, for heat pump water heater installation services which would result in a five-year amended agreement with a new total amount not to exceed a budget authority of $500,000.

Discussion
In late 2024, OSE worked with Facilities and SoCalREN staff to install water heaters at the following facilities at no cost to the City:
• Virginia Avenue Park (VAP) Teen Center
• VAP Park Center
• Palisades Park/Camera Obscura
• Memorial Park Gym
• Memorial Park Fitness Room
The project vendor, Water Heater Warehouse, was selected by SoCalREN through a competitive bidding process. The City was not involved in the selection process and is required to use the selected vendor as a program participant. The value of the services provided to the City was $87,039 and was paid directly from SoCalREN to Water Heater Warehouse. To complete this work, the City executed a Contractual Services Agreement with Water Heater Warehouse in an amount not to exceed $250,000. See Table 1 below for a breakdown of potential projects and associated costs. The original contract was not brought before Council because the value of the services provided in 2024 was lower than $250,000 and there was zero cost to the City.

Due to new funding availability by SoCalREN, the City now has the opportunity to install heat pump water heaters at up to ten additional sites in Fiscal Year (FY) 2025-26, four of which are fully funded and six have a cost-share portion to be paid by the City, which would be funded by OSE. The total cost to the City for these projects would be $40,559,

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with remaining costs covered by the SoCalREN incentive program. This program may have additional funding in future years, thus staff recommends executing a first modification to contract #5059 in the amount of $250,000 to enable staff to pursue these projects as well as additional heat pump water heater installations if and when incentives are available and if the OSE has budget to cover any required cost-share.

Furthermore, this contract amendment qualifies as an exception to competitive bidding (SMMC 2.24.250(c) & ((f)) since it was competed by SoCalREN and they identified Water Heater Warehouse as the designated program provider. This new recommended not-to-exceed budgetary authority of $500,000 would allow staff to leverage outside funding opportunities to replace additional gas water heaters that are due for replacement in the next five years with efficient electric heat pump water heaters that support the City’s electrification and climate goals. Staff are working with technical consultants to confirm project feasibility before proceeding with any potential water heater projects in Table 1.

Table 1: Completed and Potential Water Heater Projects and Cost-Share Totals Water Heater Location Installation
Cost
Incentive
Funding
Cost to
the City
COMPLETED IN 2024
Virginia Avenue Park - Teen Center $14,598 $14,598 $0
Virginia Avenue Park - Park Center $16,549 $16,549 $0
Memorial Park - Gymnasium $29,980 $29,980 $0
Memorial Park - Fitness Room $14,361 $14,361 $0
Palisades Park/Camera Obscura $11,549 $11,549 $0
Total $87,037 $87,037 $0

POTENTIAL
Fire Station 5 $34,679 $34,679 $0
Fire Station 3 $40,129 $40,129 $0
Fire Station 1 $41,730 $41,730 $0
Annenberg Beach House - Pool House (2) $53,211 $53,211 $0 Annenberg Beach House – Event House $14,529 $13,648 $880 Douglas Park $13,748 $4,835 $8,912
Joslyn Park $13,049 $8,485 $4,563
Marine Park - Day Care $16,549 $8,485 $8,063
Marine Park - Auditorium $14,799 $8,373 $6,425
Reed Park $18,299 $6,585 $11,713

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Total $260,725 $220,165 $40,559
GRAND TOTAL $347,762 $307,202 $40,559
Environmental Review
The agreement is categorically exempt from CEQA pursuant to Section 15301 and Section 15311 of the CEQA Guidelines. Section 15301 (Class 1 - Existing Facilities) the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15311 (Class 11 - Accessory Structures) exempts the construction, or replacement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities. The agreement would result in the installation of new heat pump water heaters at existing City facilities and would not expand or materially change existing City facilities. Furthermore, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this exemption. Therefore, the agreement is exempt pursuant to Section 15301 and Section 15311 of the CEQA Guidelines.

Past Council Actions
Meeting Date Description
05/28/2019 (Attachment A) Adopted the Climate Action & Adaptation Plan Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to increase the amount of contract #5059 with Water Heater Warehouse for heat pump water heater installation services. Funds are included in the FY 2025-27 Proposed Biennial Budget. Additional funding would come from SoCalREN’s Heat Pump Water Heater Program and would be paid directly from SoCalREN to Water Heater Warehouse.

Contract Modification Request
(Contract #5059 with Water Heater Warehouse)
Funding
Source
Current
Authorized
Amount
FY 2025-26
Modified
Request
Amount
Department Account #
Total
Revised
Contract
Amount

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SoCalREN $250,000* $100,000 N/A $350,000
General
Fund $0 $150,000 01500003.552010.99546 $150,000
Total $500,000
*Paid, or would be paid, directly from SoCalREN to Water Heater Warehouse.

Future year funding is contingent on Council budget approval.

Prepared By: Elias Platte-Bermeo, Sustainability Analyst Approved Forwarded to Council
Attachments:

A. Climate Action & Adaptation Plan (Web Link)
B. Water Heater Warehouse - Original Agreement
C. Water Heater Warehouse - Oaks Initiative
D. Water Heater Warehouse - Levine Act

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Rev. October 2023
Agreement No. 5059 (CCS)

CONTRACTUAL SERVICES AGREEMENT
This Contractual Services Agreement (“Agreement”), entered into as of _________________ (“Execution Date”), by and between the CITY OF SANTA MONICA, a municipal corporation (“City”), and WATER HEATER WAREHOUSE, LLC (“WATER HEATER WAREHOUSE”), 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. Southern California Regional Energy Network (“SoCalREN”) will provide funding as outlined in the executed SoCalREN Streamlined Savings Pathway Program Customer Agreements for Heat Pump Water Heater Project Incentive Distribution included in Exhibit A.

C. WATER HEATER WAREHOUSE is qualified to do business, and is doing business, in the State of California. WATER HEATER WAREHOUSE represents it has the background, knowledge, experience, and expertise necessary to provide the services set forth in this Agreement.

D. The City and WATER HEATER WAREHOUSE desire to enter into an agreement for the WATER HEATER WAREHOUSE to provide contractual services to the City as set forth herein, upon the terms and conditions set forth below.

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 December 31, 2025, unless sooner terminated in accordance with Section 14.

2. WATER HEATER WAREHOUSE Services. WATER HEATER WAREHOUSE will perform all of the services (“Services”) described in Exhibit A, Scope of Services.

WATER HEATER WAREHOUSE will complete the Services in accordance with Exhibit B, Budget.

3. City Services. The City agrees to:

3.1 Make available to WATER HEATER WAREHOUSE any currently existing documents, data or information required for the performance of the Services.

3.2 Designate a representative authorized to act on behalf of City.

3.3 Promptly examine and render findings on all documents submitted for staff review by WATER HEATER WAREHOUSE.

4. Compensation. In accordance with the terms of the SoCalREN Streamlined Savings Pathway Program Customer Agreements, SoCalREN will compensate Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956 12/4/2024

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WATER HEATER WAREHOUSE for the Services performed in an amount not to exceed $249,999 as set forth in Exhibit B. WATER HEATER WAREHOUSE understands and acknowledges that funding for Services is based on the City’s successful submission to the Streamlined Savings Pathway Program, and that compensation is tied to both the City and WATER HEATER WAREHOUSE’s participation in the Streamlined Savings Pathway Program. WATER HEATER WAREHOUSE further understands and acknowledges that the City will not compensate WATER HEATER WAREHOUSE for Services.

5. Invoices. WATER HEATER WAREHOUSE will invoice SoCalREN directly for the Services in accordance with Exhibit B. WATER HEATER WAREHOUSE shall also send the City a courtesy copy of each invoice at the time of invoicing SoCalREN.

6. 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:

6.1All notices, demands, requests or approvals to the City:

Office of Sustainability and the Environment
City of Santa Monica
1685 Main St. 3rd Floor, Mail Stop 27
Santa Monica, California 90401
Attention: Elias Platte-Bermeo
Re: Agreement No. <5059>
with a copy to:

Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Agreement No. <5059>

6.2All notices, demands, requests or approvals to WATER HEATER WAREHOUSE:

WATER HEATER WAREHOUSE
1114 E Truslow Ave
Fullerton, CA 92831
Attention: Chris Flores
[email protected]
Re: Agreement No. <5059>

7. 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 Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 114 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for - 3 -
Rev. October 2023
the conduct of WATER HEATER WAREHOUSE or any of WATER HEATER WAREHOUSE’s agents, employees, or subcontractors, except as otherwise provided in this Agreement.

8. Integrated Agreement. 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 WATER HEATER WAREHOUSE, and approved as to form by the City Attorney.

9. Insurance. Prior to commencing work, WATER HEATER WAREHOUSE must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by WATER HEATER WAREHOUSE or WATER HEATER WAREHOUSE’s agents, representatives, employees or subconsultants for the duration of this Agreement. WATER HEATER WAREHOUSE must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit C, Insurance Requirements and Verifications.

10.Defense and Indemnification.

10.1 WATER HEATER WAREHOUSE 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 WATER HEATER WAREHOUSE, or WATER HEATER WAREHOUSE’s employees, agents, officers, and subcontractors. WATER HEATER WAREHOUSE’s responsibilities under this Section 10.1 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 WATER HEATER WAREHOUSE, its employees, agents or officers, or subcontractors; provided, however, that WATER HEATER WAREHOUSE’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 WATER HEATER WAREHOUSE’s obligation to defend City hereunder, City has the right to conduct its own defense and seek reimbursement for reasonable costs of defense from WATER HEATER WAREHOUSE, if City chooses to do so.

10.2 Enforcement Costs. WATER HEATER WAREHOUSE agrees to pay any and all costs the City incurs enforcing the indemnity, defense and hold harmless provisions set forth in Section 10.1.

Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 115 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for - 4 -
Rev. October 2023

11. Prohibition Against Transfers.

11.1 WATER HEATER WAREHOUSE 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.

11.2 The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of WATER HEATER WAREHOUSE or of any general partner or joint venturer or syndicate member of WATER HEATER WAREHOUSE, if a partnership or joint venture or syndicate exists, which results in changing the control of WATER HEATER WAREHOUSE, will be construed as an assignment of this Agreement. Control means 50% or more of the voting power of the corporation.

12.Permits and Licenses. WATER HEATER WAREHOUSE, at its sole expense, must obtain and maintain during the term of this Agreement all required business and professional permits, licenses and certificates.

13.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.

14.Default and Termination.

14.1 If WATER HEATER WAREHOUSE 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 WATER HEATER WAREHOUSE.

14.2 The City has the option, at its sole discretion and without cause, of terminating this Agreement by giving ten days’ written notice to WATER HEATER WAREHOUSE. Upon termination of this Agreement, City will pay WATER HEATER WAREHOUSE any compensation earned and unpaid up to the effective date of termination.

15.Compliance with Law. WATER HEATER WAREHOUSE 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.

16.Discrimination. WATER HEATER WAREHOUSE 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.

17.Nuisance. WATER HEATER WAREHOUSE may not maintain, commit, or permit the maintenance or commission of any nuisance in connection with the performance of services under this Agreement.

18.Records.

Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 116 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for - 5 -
Rev. October 2023

18.1 WATER HEATER WAREHOUSE 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. WATER HEATER WAREHOUSE 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.

18.2 WATER HEATER WAREHOUSE must maintain records in sufficient detail to permit an evaluation of the Services and in accordance with generally accepted accounting principles. WATER HEATER WAREHOUSE must clearly identify all records and make them readily accessible to the City. At the City’s request, WATER HEATER WAREHOUSE must provide records in an electronic format and, if necessary, access to any proprietary software to view such electronic records.

18.3 WATER HEATER WAREHOUSE must allow the City to have free access to WATER HEATER WAREHOUSE’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 WATER HEATER WAREHOUSE’s records, and WATER HEATER WAREHOUSE 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 WATER HEATER WAREHOUSE, WATER HEATER WAREHOUSE 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.

19.Work Product; Reports.

19.1 Any work product prepared or caused to be prepared by WATER HEATER WAREHOUSE or any subcontractor for this Agreement will be the exclusive property of City. No work product given to or prepared by WATER HEATER WAREHOUSE or any subcontractor pursuant to this Agreement may be made available to any individual or organization by WATER HEATER WAREHOUSE without prior written approval by City.

19.2 At the City’s request, WATER HEATER WAREHOUSE must furnish reports concerning the status of the Services.

20.Standard of Care. WATER HEATER WAREHOUSE agrees to provide all Services, including services performed by any subconsultant, in a manner consistent with the level of care and skill ordinarily exercised by members of WATER HEATER WAREHOUSE’s profession currently practicing in the same locality under similar conditions.

21.Subcontractors.

21.1 If WATER HEATER WAREHOUSE proposes to have any subcontractor perform any part of the Services, WATER HEATER WAREHOUSE must submit a request for approval in writing, describing the scope of work to be Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 117 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for - 6 -
Rev. October 2023
subcontracted, the name of the proposed subcontractor, and the total price or hourly rates used in preparing an estimated cost for the subconsultant’s services. The City, in its sole discretion, may grant or deny the request.

21.2 WATER HEATER WAREHOUSE will be responsible for the quality of any subcontractor’s work. Every subcontract or agreement of any kind entered into between WATER HEATER WAREHOUSE and any subcontractor (or between any subcontractor and others) must contain the following provision:

This agreement is consistent with all terms and conditions of the Agreement No. 5059 (CCS) entered into between the City of Santa Monica and WATER HEATER WAREHOUSE
on^^____________________.

22.Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.

23.Venue and Jurisdiction. The City and WATER HEATER WAREHOUSE 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.

24.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.

25.Execution in Counterparts. This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification.

Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).

26.Exhibits. The following exhibits are incorporated by reference into this Agreement as though fully set forth herein.

Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
In witness whereof, the parties have caused this Agreement to be executed the day and year first above written.

Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956 12/4/2024

4.F.b
Packet Pg. 118 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for - 7 -
Rev. October 2023
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

WATER HEATER WAREHOUSE
Corporation
#VENDOR
By:
________________________________
Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956 12/4/2024

DOUGLAS SLOAN
City Attorney
Water Heater Warehouse, LLC
Owner
Chris Flores
12/4/2024
City Manager
12/4/2024
David White
Nikima Newsome
City Clerk
12/5/2024

4.F.b
Packet Pg. 119 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for Exhibit A
Scope of Services
Water Heater Warehouse will perform the work referenced below. Additional sites may be added to the scope of work if mutually agreed upon by the City and Water Heater Warehouse.

Summary:

Building Address Equipment Value
VAP – Teen Center Building 2200 Virginia
Avenue
50-gal Bradford White
RE2H50S10 HPWH
$14,598
VAP - Park Center Building
2200 Virginia
Avenue
50-gal Bradford White
RE2H50S10 HPWH
$16,549
Memorial Park - Gymnasium
1401 Olympic
Blvd
120-gal AO Smith CHP-120
HPWH
$29,980.80
Memorial Park – Fitness
Room
1401 Olympic
Blvd
50-gal Bradford White
RE2H50S10 HPWH
$14,361
Palisades Park - Camera
Obscura Building
1450 Ocean
Ave
50-gal Bradford White
RE2H50S10 HPWH
$11,549
Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 120 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for Detailed Scope for Virginia Avenue Park
– Teen Center:

Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 121 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 122 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for Detailed Scope for Other Sites
:

Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 123 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 124 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for Executed SoCalREN Streamlined Savings Pathway Program Customer Agreements:

Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 125 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 126 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 127 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 128 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 129 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for Exhibit B
Budget
See Exhibit A for a breakdown of budget for the work that Water Heater Warehouse will perform at various City of Santa Monica sites. Additional sites may be added to the scope of work if mutually agreed upon by the City and Water Heater Warehouse.

In accordance with the terms of the SoCalREN Streamlined Savings Pathway Program Customer Agreements, SoCalREN will compensate WATER HEATER WAREHOUSE for the Services performed in an amount not to exceed $249,999. WATER HEATER WAREHOUSE understands and acknowledges that funding for Services is based on the City’s successful submission to the Streamlined Savings Pathway Program, and that compensation is tied to both the City and WATER HEATER WAREHOUSE’s participation in the Streamlined Savings Pathway Program. WATER HEATER WAREHOUSE further understands and acknowledges that the City will not compensate WATER HEATER WAREHOUSE for Services.

WATER HEATER WAREHOUSE will invoice SoCalREN directly for the Services. WATER HEATER WAREHOUSE shall also send the City a courtesy copy of each invoice at the time of invoicing SoCalREN.

Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 130 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for Exhibit C
Contractual Services Agreement Insurance Requirements
Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury, with limits of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (Insurance Services Office Form CG 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and Code 9 (nonowned), with limits of no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).

If the Contractor maintains broader coverage or higher limits than the minimums shown above, the City of Santa Monica requires and shall be entitled to the broader coverage or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Monica.

Other Insurance Provisions

1. The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: The City of Santa Monica, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 131 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. CGL coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37). b. Primary Coverage: For any claims related to this Agreement, the Contractor’s insurance shall be primary coverage as least as broad as Insurance Services Office Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Santa Monica, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be cancelled except after notice has been given to the City of Santa Monica.
d. Waiver of Subrogation: Contractor hereby grants to the City of Santa Monica a waiver of any right of subrogation which any insurer of said Contractor may acquire against the City of Santa Monica by virtue of payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Santa Monica has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Santa Monica for all work performed by the Contractor, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica.

The City of Santa Monica may require the Contractor to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the name insured or the City of Santa Monica.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Santa Monica.

Verification of Coverage
Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 132 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for Contractor shall furnish the City of Santa Monica with original certificates and amendatory endorsements (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsements are to be received and approved by the City of Santa Monica before work commences. However, failure to obtain required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Santa Monica reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

Failure to Maintain Insurance Coverage
If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages from the Contractor resulting from said breach.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. All exceptions must be approved in writing by the Risk Manager.

Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Contractor does not have employees. The Contractor must, however, execute the City’s Workers’ Compensation Coverage Exemption Declaration Form.

Docusign Envelope ID: A9F856DA-3A9C-4FAD-B428-2FEDF18BF956

4.F.b
Packet Pg. 133 Attachment: Water Heater Warehouse - Original Agreement (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for 













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Packet Pg. 134 Attachment: Water Heater Warehouse - Oaks Initiative [Revision 1] (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse 















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04/25/2025
[email protected] 714-244-8562
Water Heater Warehouse
Chris Flores

4.F.c
Packet Pg. 135 Attachment: Water Heater Warehouse - Oaks Initiative [Revision 1] (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse 1;@
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4.F.d
Packet Pg. 136 Attachment: Water Heater Warehouse - Levine Act [Revision 1] (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for 1;@
6.
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04/25/2025
Chris Flores Owner
Water Heater Warehouse

4.F.d
Packet Pg. 137 Attachment: Water Heater Warehouse - Levine Act [Revision 1] (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for 







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4.F.d
Packet Pg. 140 Attachment: Water Heater Warehouse - Levine Act [Revision 1] (7049 : Authorize 1st Mod to Agreement #5059 with Water Heater Warehouse for City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 4.G
1 of 6
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Introduction and First Reading of an Ordinance Prohibiting Sale and Use of Algorithmic Devices to Set Residential Rental Prices
Recommended Action:

Staff recommends that the City Council

1. Adopt 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; and

2. Introduce for first reading the attached Ordinance amending the text of the Santa Monica Municipal Code by adding Chapter 4.58 Algorithmic Rental Price Fixing.

Executive Summary
Algorithmic rental pricing software, that uses nonpublic rental data to recommend to competing landlords whether to rent a unit and how much to rent it for in order to maximize revenue, has drawn public scrutiny for facilitating price coordination, decreasing competition, and causing rents to increase. Numerous antitrust lawsuits have been filed challenging these practices, including a lawsuit brought by the U.S.

Department of Justice and a bipartisan coalition of attorneys general from eight states against the largest algorithmic rental pricing software provider RealPage and six of the country’s largest property management companies that use RealPage’s software, three of which manage multifamily properties in Santa Monica. Since 2024, several cities in California and across the country have moved to ban the sale use of these programs.

On March 11, 2025, the City Council directed the City Attorney’s Office to return with a draft ordinance to do the same, now being proposed for adoption.

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Background
Santa Monica faces a housing affordability crisis. The City’s 6th Cycle Housing Element (2021-2029) found that renters needed to earn $61.66 per hour (or an annual income of $128,000), to afford the then-average monthly asking median rent of $3,200 for a twobedroom apartment. According to HUD CHAS 2017-2021 data, approximately 41.5 percent of Santa Monica families are rent burdened—paying more than 30 percent of their income toward rent—and 20.6 percent of households were extremely rent burdened—paying more than 50 percent of their income toward rent. And according to the Rent Control Board, following a couple of years of downward trends during the pandemic, initial median rents for rent controlled units have resumed increasing each year since 2022. The January 2025 regional fires have only increased the demand for rental housing in Santa Monica.

Some of the nation’s largest landlords, including those that manage units in Santa Monica, use algorithmic rental pricing software to set initial and renewal rental rates. In October 2022, ProPublica published an article detailing how YieldStar, a product of RealPage, works to do this, and how it is designed to maximize revenue even at the expense of lowering occupancy rates.1 As described by ProPublica and alleged by the Department of Justice,2rental pricing software programs that are anticompetitive use nonpublic competitively sensitive data submitted by their landlord customers—including data about actual rental prices and lease terms—to recommend to competing landlords what rent and occupancy levels can be achieved for their properties, based on what has been achieved at others. According to the reporting, one of the developers of YieldStar said that one of the greatest threats to landlords’ profit was other landlords setting prices too low at neighboring properties, and said that there was “way too much empathy” when real people instead of algorithms made rental pricing decisions.

A December 2024 analysis from the White House Council of Economic Advisors found that such algorithmic rental pricing software cost renters in units that used the software 1 Rent Going Up? One Company’s Algorithm Could Be Why (October 15, 2022). Vogell, Heather; ProPublica https://www.propublica.org/article/yieldstar-rent-increase-realpage-rent 2 Justice Department Sues RealPage for Algorithmic Pricing Scheme that Harms Millions of American Renters (August 23, 2024). U.S. Department of Justice https://www.justice.gov/archives/opa/pr/justicedepartment-sues-realpage-algorithmic-pricing-scheme-harms-millions-american-renters

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$70 per month on average nationally, and $34 per month or $408 per year on average in the Los Angeles metropolitan area.3 The White House report noted that even landlords that do not use algorithmic rental pricing software in markets where other landlords do are likely to increase rents because those landlords will face higher demand for their lower priced units and find it optimal to raise their prices to meet that demand.

Algorithmic rental pricing software programs have also been alleged to lead to higher rates of eviction. According to one landlord, after implementing YieldStar, turnover rates increased by 15 percentage points, as tenants could not sustain rent increases and turnover was more profitable for the landlord. The landlord stated that “the net effect of driving revenue and pushing people out was $10 million in income” and that this showed that “keeping the heads in the beds above all else is not necessarily always the best strategy.”4
ProPublica’s reporting spurred nationwide scrutiny of algorithmic rental pricing software. and how such pricing algorithms impact rental markets. Numerous antitrust lawsuits by have been filed against software companies including RealPage and Yardi Systems, Inc., including over 35 class actions against RealPage and landlord customers. Public prosecutors have also taken action. In the District of Columbia Attorney General, and Arizona Attorney General both sued RealPage and customer landlords in their respective state courts, and in August 2024, the U.S. Department of Justice and eight state attorneys general also sued RealPage in federal court alleging anti-trust violations.

On January 7, 2025, the U.S. Department of Justice lawsuit was expanded to name six property management companies that use RealPage’s software and to allege claims under state law, including Californias Unfair Business Practices Law, Business and Professions Code Section 17200.
3 The Cost of Anticompetitive Pricing Algorithms in Rental Housing (December 17, 2024). White House https://bidenwhitehouse.archives.gov/cea/written-materials/2024/12/17/the-cost-of-anticompetitivepricing-algorithms-in-rental-housing/ 4 Revenue Revolution: Pushing Rents Becomes the Norm (February 13, 2008). Joe Bousquin, Multifamily Executive https://www.multifamilyexecutive.com/property-management/revenue-revolution-pushing-rentsbecomes-the-norm

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Locally, three of the six landlord defendants in the Department of Justice lawsuit against RealPage—Greystar, Equity Residential, and Cushman & Wakefield—manage multifamily units in Santa Monica.

While litigation works its way through the federal courts, which may take months or years, many cities have acted to ban the sale and use of algorithmic rental pricing software that use nonpublic rental data to recommend rent rates and occupancy levels, including San Francisco, Berkeley, San Diego, Philadelphia, and Minneapolis. On March 11, 2025, the City Council directed the City Attorney to draft an ordinance banning the use of algorithmic rental price-fixing software in Santa Monica and which includes enforceable penalties for noncompliance.

Proposed Ordinance
The proposed ordinance would ban the sale and use of “algorithmic device,” meaning a software product that uses or incorporates one or more algorithms to perform calculations of nonpublic competitor data concerning local or statewide rental prices or occupancy levels to advise a landlord on, or recommend to a landlord, rent to charge for a rental housing unit, or whether to leave a rental housing unit vacant. The definition would exclude software programs used to generate or produce reports using aggregated data that do not recommend prices or occupancy levels for future tenancies, and programs used to establish rental rates and income limits necessary to comply with affordable housing programs.

The ordinance would include the remedies for enforcement that are currently available and used to enforce other tenant protection laws, including the Housing AntiDiscrimination Code (SMMC Chapter 4.28) the Tenant Harassment Code (SMMC Chapter 4.56). Specifically, any person aggrieved by a violation of the prohibition on selling or using unlawful algorithmic rental pricing software, including the City, could bring a civil action and seek an injunction as well as either actual damages or civil penalties of up to $1,000 per violation. The proposed ordinance provides that each separate month that a landlord charges rent unlawfully set is a separate violation, as is each rental housing unit for which the rent is unlawfully set. If a plaintiff (including the City) prevails in any enforcement action, the plaintiff would be entitled to attorneys’ fees,

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and the ordinance specifies that any lease that purports to limit a tenant’s right to recover attorneys’ fees for such an action is not enforceable for claims arising under this section. Finally, the ordinance would also provide an affirmative defense to unlawful detainer if a tenant were to establish the landlord set the tenant’s rent unlawfully in violation of the ordinance.

Environmental Review
The proposed addition of Chapter 4.58 to the Santa Monica Municipal Code is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA guidelines. Section 15061(b)(3) states the CEQA applies only to projects that have the potential for causing a significant effect on the environment. 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 activity is not subject to CEQA. In this case, the proposed ordinance will prohibit companies and landlords from selling and using software to set rental prices anticompetitively.

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: Romy Ganschow, Chief Deputy City Attorney
Approved Forwarded to Council
Attachments:

A. Chapter 4.58 Ordinance
B. 16 Item re Algorithmic Rental Pricing Software
C. Rent Going Up? One Company’s Algorithm Could Be Why (October 15, 2022).

Vogell, Heather; ProPublica

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D. Justice Department Sues RealPage for Algorithmic Pricing Scheme that Harms Millions of American Renters (August 23, 2024). U.S. Department of Justice E. The Cost of Anticompetitive Pricing Algorithms in Rental Housing (December 17, 2024). White House
F. Revenue Revolution: Pushing Rents Becomes the Norm (February 13, 2008).

Joe Bousquin, Multifamily Executive

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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

PROHIBITING THE SALE AND USE OF RENTAL PRICE-FIXING ALGORITHIMIC

SOFTWARE
WHEREAS, Santa Monica faces a housing affordability crisis, with approximately

41.5% of households paying more than 30% of income toward rent, 20.6% of households paying more than 50% of income toward rent, and median initial rent-controlled rents increasing each year since 2022; and
WHEREAS, the January 2025 Los Angeles County fires displaced thousands of residents, which has increased the demand for rental housing in Santa Monica; and WHEREAS, in recent years, algorithmic rental pricing software programs have been developed to help landlords maximize revenues by recommending how much rent to charge for a unit and whether to leave a unit vacant, based on nonpublic data from competing landlords; and
WHEREAS, such algorithmic rental pricing software can facilitate price coordination or price fixing among competing landlords, driving up rental prices; and WHEREAS, the White House Council of Economic Advisors found that algorithmic rental pricing software cost tenants whose landlords who used the software $70 per month on average nationally, and $34 per month—or $408 per year—on average in the Los Angeles metropolitan area; and
WHEREAS, the White House Council on Economic Advisors also found that even tenants of landlords who do not use algorithmic rental pricing software are likely to

4.G.a
Packet Pg. 147 Attachment: Chapter 4.58 Ordinance (7089 : Prohibition Price Fixing Software Ordinance) 2 experience higher rents because demand for those lower priced units increase as other landlords in the same market use the software; and
WHEREAS, algorithmic rental pricing software can also lead to greater displacement when tenants cannot sustain the rental rates the algorithms recommend and when algorithms favor maximizing revenue over maximizing occupancy; and WHEREAS, anti-competitive coordination, typically among larger corporate landlords, also harms those landlords that play by the rules and do not attempt to coordinate prices with competitors; and
WHEREAS, over 35 class action lawsuits have been filed related to algorithmic rental pricing software, including against software providers and landlords that use the software; and
WHEREAS, in August 2024, the US Department of Justice and eight state attorneys general filed an antitrust lawsuit against the leading provider of algorithmic rental pricing software, RealPage, which lawsuit was amended in January 2025 to also include as defendants six of the country’s largest corporate landlords who use RealPage’s revenue management software; and
WHEREAS, three of the defendants named in the Department of Justice lawsuit manage multi-family units in Santa Monica, as do other large corporate landlords; and WHEREAS, the pending litigation may take months or years to resolve, and in the meantime renters are disadvantaged if landlords continue to use such software to make coordinated pricing and leasing decisions; and
WHEREAS, the City wishes to protect against anti-competitive behavior that harms consumers by banning the sale and use of algorithmic rental pricing software that

4.G.a
Packet Pg. 148 Attachment: Chapter 4.58 Ordinance (7089 : Prohibition Price Fixing Software Ordinance) 3 recommends to landlords rental prices and occupancy rates based on nonpublic rental data.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 4.58 of the Santa Monica Municipal Code is hereby added to read as follows:

Chapter 4.58 Algorithmic Rental Price Fixing
§ 4.58.010 Definitions.

The following words and phrases as used in this chapter shall have the following meanings.

Algorithmic device. A software or product that uses or incorporates one or more algorithms to perform calculations of nonpublic competitor data concerning local or statewide rental prices or occupancy levels to advise a landlord on, or recommend to a landlord, rent to charge for a rental housing unit, or whether to leave a rental housing unit vacant. “Algorithmic device” does not include either of the following: (a) A software or product used by a person to generate or publish reports regarding existing residential rental rates or residential rental occupancy levels in an aggregated manner but does not recommend rent prices or fees for future residential tenancies or occupancy levels for rental housing units; (b) A software or product used by a person to establish residential rental rates or income limits in accordance with any local, state, or federal affordable housing program requirement.

Rental housing unit. A housing unit in the City that constitutes either a controlled rental unit pursuant to City Charter Section 1800 et seq., (including a room in a single-family

4.G.a
Packet Pg. 149 Attachment: Chapter 4.58 Ordinance (7089 : Prohibition Price Fixing Software Ordinance) 4 home, hotel or motel, rooming house or apartment, single-family home, mobile home or mobile home space, trailer or trailer space); or a rental unit pursuant to City Charter Section 2300 et seq.

Landlord. An owner, lessor, sublessor, or any other person entitled to receive rent for the use and occupancy of any rental housing unit, or an agent, representative or successor of any of the foregoing.

Nonpublic competitor data. Information that is not available to the general public about actual residential rental rates, residential rental rate changes, residential rental property supply levels, occupancy levels, or lease start and end dates, whether the information is attributable to a specific competitor or anonymized or whether the information is derived from or otherwise provided by another person that competes in the same market or a related market.
§ 4.58.020 Prohibition on Sale and Use of Algorithmic Device (a) It shall be unlawful to sell, license, or otherwise provide to any landlord of any rental housing unit in the City any algorithmic device that sets, recommends, or advises on rental rates, rates for non-rent fees, or occupancy levels that may be achieved for rental housing units in the City.
(b) It shall be unlawful for a landlord to use an algorithmic device when setting rents or occupancy levels for rental housing units in the City. Each separate month that a landlord charges rent at an amount set in violation of this subsection, and each separate residential rental housing unit for which the landlord used the algorithmic device, shall constitute a separate and distinct violation.
§ 4.58.030 Civil Remedies.

4.G.a
Packet Pg. 150 Attachment: Chapter 4.58 Ordinance (7089 : Prohibition Price Fixing Software Ordinance) 5 (a) Civil Action. Any person aggrieved by a violation of this Chapter, including the City, may enforce the provisions of this Chapter by means of a civil action. The burden of proof in such cases shall be preponderance of the evidence. A violation of this Chapter may be asserted as an affirmative defense in an unlawful detainer action against a tenant whose rent was set after the effective date of this ordinance by the landlord’s use of an algorithmic device in violation of Section 4.58.020(b). (b) Injunction. Any person who commits an act, proposes to commit an act, or engages in any pattern and practice which violates Section 4.58.020 may be enjoined therefor by any court of competent jurisdiction. An action for injunction under this subsection may be brought by any aggrieved person, by the City Attorney, or by any person or entity who will fairly and adequately represent the interest of the protected class. (c) Penalties and Other Monetary Awards. Any person who violates or aids or incites another person to violate the provisions of this Chapter is liable for each and every such offense for the actual damages suffered by an aggrieved party or for statutory damages of one thousand dollars per violation, whichever is greater, and shall be liable for such attorneys' fees and costs as may be determined by the court in addition thereto.

A lease provision that limits a prevailing tenant from obtaining attorneys’ fees shall not be enforceable against a tenant’s claim for attorneys’ fees that arises under this subsection. (d) Nonexclusive Remedies and Penalties. The remedies provided in this Chapter are not exclusive, and nothing in this Chapter shall preclude any person from seeking any other remedies, penalties, or procedures provided by law.

SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such

4.G.a
Packet Pg. 151 Attachment: Chapter 4.58 Ordinance (7089 : Prohibition Price Fixing Software Ordinance) 6 inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 3. 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 4. 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

4.G.a
Packet Pg. 152 Attachment: Chapter 4.58 Ordinance (7089 : Prohibition Price Fixing Software Ordinance) 16 Item by Mayor Pro Tempore Torosis, Councilmember Raskin and Councilmember Hall

PROTECTING RENTERS FROM PRICE FIXING SOFTWARE

FOLLOWING THE JANUARY FIRESTORMS
Since enacting Rent Control in 1979, Santa Monica has upheld strong tenant protections and rent stabilization policies to ensure housing security for all residents. However, in the wake of the January firestorms, which devastated communities and displaced many renters, the city is witnessing an alarming trend of rental price gouging in the region. With over 10,000 residential structures destroyed in Los Angeles County, many families have faced displacement, leading to a heightened demand for rental properties. This surge in demand resulted in reports of significant rent hikes, with rents increasing over the 10% maximum allowed during a state of emergency. For instance, the Los Angeles Tenants Union identified over 500 property listings where monthly rents abruptly jumped, in some cases more than doubling.

This crisis has been exacerbated by the use of algorithmic rental price-fixing software, such as YieldStar and RealPage, which allow landlords to share non-public, sensitive information about rental rates and occupancy. This data is used to generate pricing recommendations, which can lead to coordinated rent increases among competing landlords, effectively reducing competition and harming renters. Such practices undermine market competition, place renters at risk of financial hardship and displacement, and contradict the City's commitment to housing affordability.

In August 2024, the U.S. Department of Justice (DOJ), along with Attorneys General from several states, filed a civil antitrust lawsuit against RealPage and participating landlords.

The lawsuit alleges that RealPage's pricing algorithm enables landlords to share confidential information and align their rents, violating antitrust laws. Moreover, in March 2024, the Federal Trade Commission (FTC) and DOJ filed a legal brief stating that pricefixing through an algorithm is illegal. The agency emphasized that agreeing to use shared pricing recommendations or algorithms can be unlawful, even if competitors retain some pricing discretion (https://www.ftc.gov/business-guidance/blog/2024/03/price-fixingalgorithm-still-price-fixing).

Therefore, Mayor Pro Tem Torosis, and Councilmembers Raskin and Hall request that the City Attorney, in coordination with the Rent Control Board, draft and present to Council for adoption within 60 days, an ordinance banning the use of algorithmic rental price-fixing software in Santa Monica and which includes enforceable penalties for noncompliance.

4.G.b
Packet Pg. 153 Attachment: 16 Item re Algorithmic Rental Pricing Software (7089 : Prohibition Price Fixing Software Ordinance) City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 4.H
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 of the City Council of the City of Santa Monica Adding Section 2.32.300 to the Santa Monica Municipal Code Requiring Resident Representation for Council Appointees to NonProfits 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 adding Section 2.32.300 to the Santa Monica Municipal Code requiring resident representation for Council appointees to non-profits. 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-Residency Requirements 2d

4.H
Packet Pg. 154
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 ADDING SECTION 2.32.300 REQUIRING RESIDENT

REPRESENTATION FOR COUNCIL APPOINTEES TO NON-PROFITS
WHEREAS, the Council appoints members to certain nonprofits that play an important role as community partners providing economic, cultural, and recreational opportunities for businesses, residents, and visitors; and WHEREAS, Downtown Santa Monica, Inc. (DTSM), is a nonprofit organization dedicated to promoting economic stability, growth, and community life within the Downtown District and Downtown of the City through responsible planning, development, management, and coordination of programs, projects, and services designed to benefit the community as a whole, including the District’s businesses, property owners, visitors, and residents; and
WHEREAS, the City Council appoints six directors to the 13-member DTSM board of directors, and board members must be City residents or persons who are employed, own property, or hold business licenses in the City of Santa Monica; and WHEREAS, Santa Monica Travel and Tourism, Inc. (SMTT), works to strengthen the local economy by enhancing and promoting the community as a distinctive, compelling and welcoming travel destination; and
WHEREAS, the City Council appoints five directors of the eleven-member SMTT board, and directors are drawn from Santa Monica’s community and business leadership; and

4.H.a
Packet Pg. 155 Attachment: Ord-Residency Requirements 2d (7092 : Residency Requirements - Second Reading) 2 WHERAS, the Santa Monica Pier Corporation (SMPC) provides services to develop, implement, and maintain certain programs and functions in connection with the Santa Monica Pier, including marketing and promoting the Pier as a destination, producing community events, coordinating private special events, providing community outreach, monitoring street performers, and assisting the City with public review and discussion of planning and policy maters related to the Pier objectives; and WHEREAS, the City Council appoints all seven members to the SMPC board of directors, and members must either be residents of the City or do business or be employed in the City; and
WHEREAS, the Council believes resident representation on the governing boards of DTSM, SMTT, and SMPC is an asset to the community, as residents provide oversight and feedback on programming, operations, and leadership for these critical organizations that help steer the local economy and promote the Santa Monica band, history, and culture; and
WHEREAS, since their respective foundings, each organization has been served by residents on their respective boards, who have presided over careful curation of programming that benefits the community; and
WHEREAS, without resident representation working in partnership with business leaders, industry experts, and property owners, the community loses a critical voice on the governing boards in setting the strategic direction for these organizations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

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Packet Pg. 156 Attachment: Ord-Residency Requirements 2d (7092 : Residency Requirements - Second Reading) 3 SECTION 1. Santa Monica Municipal Code Section 2.32.300 is hereby added to read as follows:

2.32.300. Resident Representation for Council Appointees to Nonprofits A minimum of half of the City Council appointees to the governing boards of Downtown Santa Monica, Santa Monica Travel and Tourism, Inc., and the Santa Monica Pier Corporation shall be residents of the City of Santa Monica.

SECTION 2. 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.

SECTION 3. 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 4. 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. 157 Attachment: Ord-Residency Requirements 2d (7092 : Residency Requirements - Second Reading) City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 4.I
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending the City's Animals Code
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 4.04, Animals and Section

4.12.090 to modernize the Code, improve animal impound and quarantine policies including for dangerous animals, clarify and strengthen policies regarding nuisance and dangerous animals and animals in public, and provide greater tools to reduce the number of animals in shelter including improving dog licensing compliance and allowing the issuance of cat licenses. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council

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2 of 2
Attachments:

A. Ord-Chapter 4.04 Amendments 2d

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Packet Pg. 159
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 4.04.070, 4.04.080,

4.04.090, 4.04.100, 4.04.110, 4.04.140, 4.04.150, 4.04.155, 4.04.160, 4.04.170,

4.04.190, 4.04.230, 4.04.260, 4.04.280, 4.04.290, 4.04.300, 4.04.330, 4.04.340,

4.04.360, 4.04.370, 4.04.415, AND 4.12.090, ADDING SECTIONS 4.04.145, AND

4.04.265, AND REPEALING SECTIONS 4.04.250, 4.04.380, AND 4.04.410 TO THE

SANTA MONICA MUNICIPAL CODE, RELATING TO ANIMAL CONTROL MATTERS WHEREAS, the Santa Monica Animal Shelter has seen an 36% increase in the intake of dogs and cats to the shelter from 2021 to 2024; and WHEREAS, the number of cat intakes to the Santa Monica Animal Shelter increased from by 52% from 2021 to 2024; and
WHEREAS, the Santa Monica Shelter has capacity to hold up to 30 dogs and 30 cats in individual kennels, which capacity can be expanded to 70 cats by sectioning off cages; and
WHEREAS, the Santa Monica Animal Shelter is frequently at approximately 90 percent capacity for dogs year-round and 100 percent for capacity for cats or kittens during peak Spring and Summer months; and
WHEREAS, the increasing dog and cat intakes threaten the ability of the Santa Monica to maintain its status at a “no kill” shelter, as the number of cats euthanized increased by 55% in 2024 over the number euthanized in 2021; and WHEREAS, the City requires that dogs over four months of age be vaccinated and licensed but does not offer an option to license cats; and

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Packet Pg. 160 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 2 WHEREAS, licensing helps to promote public and animal health and welfare by increasing vaccination against rabies, and helps to facilitate reuniting dogs with owners, thereby reducing demand on kennel space; and
WHEREAS, adopting a cat licensing program, and providing for the return of a licensed cat found at large without impounding on a first offense, would help reduce the cat intakes to the animal shelter by facilitating reuniting cats with their owners; and WHEREAS, dog licensing has declined substantially in recent years, from approximately 5,000 dog licenses issued in the City before 2020 to just 2,644 issued in 2024; and
WHEREAS, the City’s prior collaboration with local veterinarians in notifying Animal Control of vaccinated dogs was successful at improving dog licensing rates, and a similar program would also benefit cat licensing; and WHEREAS, measures to facilitate the return of unowned outdoor cats to their outdoor cat community after they are vaccinated and spayed or neutered would help reduce the population of unowned outdoor cats without requiring euthanasia, and improve the health and well-being of cats and the communities the colonies are found in; and WHEREAS, neighboring jurisdictions in Los Angeles County limit the number of cats and dogs that may be kept in a dwelling unit, but Santa Monica does not; and WHEREAS, reasonable limits on the number of cats and dogs that may be kept in a dwelling unit improve animal welfare and public health and safety by ensuring animals are not kept in overcrowded homes without adequate care or sanitation; and WHEREAS, providing explicit authority for the Animal Control Unit to seize and impound animals that are required to be quarantined after a bite under the Los Angeles

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Packet Pg. 161 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 3 County Code will clarify Animal Control Officers’ role in effectuating rabies quarantines; and
WHEREAS, the City prohibits dogs from being on the beach, to protect against healthy, safety, and welfare concerns, including that the beaches are often crowded public spaces, with no adequate place to urinate or defecate, where dogs are likely to encounter small children, among other concerns; and
WHEREAS, clarifying that the prohibition on dogs on the beach sands applies to dogs that are held by a person on the sands, or placed on any surface that is on top of beach sands, will improve compliance and enforcement of the prohibition of dogs on the beach, and improve public health, safety, and welfare; and WHEREAS, Animal Control Unit staff have encountered persons who bring cats to the beach in carrying cases, without access to adequate food, water, and a place to urinate or defecate other than the beach sand, posing risks to health and welfare and the well-being of cats; and
WHEREAS, the City wishes to protect against these risks by prohibiting cats on the beach sands to the same extent as dogs; and
WHEREAS, Animal Control Officers have encountered difficulty enforcing violations of a posted dog-park rules when dogs are off leash due to the lack of a clear affirmative duty to comply with posted rules as a condition of using the park; and WHEREAS, the City wishes to clarify that all persons who allow their dogs to be off-leash in designated dog parks have an affirmative obligation to comply with all posted rules; and

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Packet Pg. 162 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 4 WHEREAS, the Animal Control Unit has on numerous occasions received a complaint from a single complaining party regarding a noisy animal and been unable to substantiate the complaint after further investigation; and WHEREAS, limiting the instances in which Animal Control Officers are required to investigate noisy animal complaints to those that generate a complaint from more than one party would preserve Animal Control Unit resources to investigate other matters that significantly threaten health, safety, and welfare; and WHEREAS, the City has long regulated the duty of dog owners to immediately clean up feces deposited by their dogs in public spaces, as this poses risks to public health, safety, and welfare, and has referred to the failure to do so as a “nuisance”; and WHEREAS, the City’s municipal code makes numerous references to different conduct which constitutes a nuisance and more specifically defining prohibited conduct without use of the general term nuisance would clarify animal owners’ obligations; and WHEREAS, the City wishes to clarify that an owner commits a violation of the municipal code by allowing their dogs to deposit feces on public property or private property without an owner’s consent, without immediately removing the fecal matter; and WHEREAS, state law Food and Agriculture Code 31600 et seq. provides readily accessible procedures for having a dog that has caused repeated minor or any serious bodily injury declared to be potentially dangerous or vicious and for ensuring such dog does not pose a risk to public safety; and
WHEREAS, notwithstanding this procedure, the City retains the right to adopt and enforce its own program for control of potentially dangerous or vicious dogs, and the City has long regulated dangerous animals to protect the public health and welfare; and

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Packet Pg. 163 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 5 WHEREAS, clarifying what animal behavior qualifies for a determination by the City that the animal is dangerous, what restrictions may be imposed on dangerous animals whose owners lack a fixed residence, and standardizing terminology regarding dangerous animals so as to not be conflated with the terms as they are used in state law, would benefit the City by providing clear guidelines for Animal Control Unit staff, and would benefit the public by putting animal owners on notice of conduct that may subject their animal to a dangerous animal designation and accompanying restrictions, and provide greater protection from dangerous animals; and
WHEREAS, permitting the Fire and Police Departments to keep therapy dogs in public buildings for use by Fire and Police Department staff would improve health and well-being of the City’s first responders to enable them to better protect the public; and WHEREAS, numerous references to Humane Officers and the City Health Officer throughout Chapter 4.04 of the Municipal Code are outdated, as animal control functions are now performed Animal Control Officers.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 4.04.070 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.070 Wild animals.

No person shall keep any wild animal, venomous or poisonous reptile, monkey, bird or fowl within the City, unless such person shall have first obtained a permit from the Animal Control Officer so to do.

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Packet Pg. 164 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 6 SECTION 2. Section 4.04.080 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.080 Horses, mules, burros, or jacks.

No person shall keep more than two horses, mules, burros, or jacks in an open corral within the City of Santa Monica unless such person shall have obtained a permit from the Animal Control Officer so to do. In no event shall any person keep any horse, mule, burro, or jack within three hundred feet of any “R” or “C” district as defined in Article 9 of this Code, except that any person operating a business in any “C” district which is principally devoted to the sale or display of animals may sell or display in such business any miniature horse, miniature mule, miniature burro, or miniature jack.

SECTION 3. Section 4.04.090 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ Section 4.04.090 Fowl.

No person shall keep more than thirteen fowl of any sort within the City, unless such person shall have first obtained a permit from the Animal Control Officer so to do.

SECTION 4. Section 4.04.100 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.100 Hogs, bulls or billy goats.

No person shall keep any pigs, bulls, or billy goats within the City unless such person first shall have obtained a permit from the Animal Control Officer so to do and in no event shall any person keep any hog, bull, or billy goat within three hundred feet of any “R” or “C” district as defined in Article 9 of this Code.

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Packet Pg. 165 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 7 SECTION 5. Section 4.04.110 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.110 Cows or goats.

No person shall keep more than one cow or two goats in an open corral within the City without first having obtained a permit from the Animal Control Officer so to do and in no event shall any person keep any cow or goat within three hundred feet of any “R” or “C” district as defined in Article 9 of this Code.

SECTION 6. Section 4.04.140 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.140 Permit to keep certain animals.

Conditions. Whenever in this Chapter the keeping of certain animals is made conditioned upon the obtaining of a permit therefor from the Animal Control Officer, such permit shall be in writing and the Animal Control Officer shall state therein the conditions upon which it is granted and it shall be the duty of the permittee to comply with said conditions. Any such permit shall be revocable at any time by order by the Animal Control Officer. Any violation of the terms and conditions of any such permit shall be punishable in the same manner and to the same extent as any violations of this Code are punishable.

SECTION 7. Section 4.04.145 of the Santa Monica Municipal Code is hereby added to read as follows:
§ 4.04.145 Limit on number of cats and dogs.
(a) No person shall keep or maintain in any dwelling more than four dogs over four months of age. A dog that is a service dog shall not be counted toward the number of dogs authorized to be owned, kept, or maintained. Notwithstanding the foregoing, no

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Packet Pg. 166 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 8 person shall be found in violation of this section for keeping or maintaining in a dwelling more than four dogs over four months of age that were licensed as of the effective of this section, unless such person keeps or maintains any additional dog over four months of age after the effective date of this section and the total number of dogs over four months of age in the dwelling exceeds four.
(b) No person shall keep or maintain in any dwelling more than five cats over four months of age. Notwithstanding the foregoing, no person shall be found in violation of this section for keeping or maintaining in a dwelling more than five cats over four months of age that were licensed as of ninety days after the effective of this section, unless such person keeps or maintains any additional cat over four months of age after ninety days after the effective date of this section and the total number of cats over four months of age in the dwelling exceeds five.
(c) A residential tenant’s violation of this Section shall not establish a nuisance per se for the purposes of any action to terminate the tenancy based on the tenant’s alleged nuisance.

SECTION 8. Section 4.04.150 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.150 Animals at large.

No person having control, charge or custody of any animal, shall permit the animal to stray, or run at large in or upon any private property without the property owner’s or occupant’s permission, any unenclosed private property or any public property, except as authorized by this Chapter. Any animal found straying or at large in or upon public property or private property may be impounded by the City. The City will endeavor to first

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Packet Pg. 167 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 9 return any cat with a license issued to pursuant Section 4.04.170 of this Code found running at large to its owner prior to impound upon a first offense. Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense.

In addition to the penalties herein above provided, any condition caused or permitted to exist in violation of the provisions of this Section shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.

SECTION 9. Section 4.04.155 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.155 Dogs on public property.
(a) No person having control, charge or custody of any dog shall permit the dog to be upon any public property, unless the dog is in the custody and control of a competent person and either:
(1) Confined in an automobile; or
(2) Restrained by a chain or leash six feet or less in fixed length. (b) Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense.
(c) Notwithstanding the above, this Section shall not apply to dogs in any area designated by resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with all posted rules governing the use of the

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Packet Pg. 168 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 10 designated area. No person shall fail to comply with any posted rules governing the use of an area designated by resolution of the City Council for use by dogs. This section shall also not apply to dogs as may be authorized by the Fire Chief or Police Chief.

SECTION 10. Section 4.04.160 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.160 Dogs and cats—Prohibited public areas.

Except as expressly permitted by this Chapter, no person having control, charge or custody of any dog shall permit the dog to be in or upon a school ground, public building, tot lot, playing field, tennis court, basketball court, other game court, or cemetery, and no person having control, charge, or custody of any dog or any cat shall hold, transport, or permit the dog or cat to be in or upon the beach sands lying westerly of that street commonly known as Oceanfront Walk or northerly of the westerly prolongation of the center line of California Avenue, or upon any object placed on the beach sands. For the purposes of this section, “the beach sands” refers to any object on the sand other than the beach boardwalk, including but not limited a towel, blanket, tarp, or other container whether or not held by a person. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense. In addition, any such dog or cat found in any such prohibited place may be impounded as herein provided.

Notwithstanding the above, this Section shall not apply to:
(1) Dogs which are being used by disabled persons as guide or service dogs, while such dogs are being used for such purposes;

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Packet Pg. 169 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 11 (2) Dogs in any area designated by resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with posted rules governing the use of the designated area;.
(3) Dogs under the control of Fire Department or Police Department personnel for therapeutic purposes.

SECTION 11. Section 4.04.170 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.170 Licensing of dogs and cats.
(a) Every person who harbors a dog within the City shall, and every person who harbors a cat within the City may, pay to the City an annual license tax in an amount to be established by resolution of the City Council. The City shall from time to time deliver to the person making such payment a license which shall describe the animal, together with a seal or metallic plate having thereon the number of such license, and figures indicating paid, provided for any dog that the person making the payment has filed with the City a certificate indicating the dog has been vaccinated in accordance with this Chapter and State law; otherwise, a receipt for payment shall be issued. Duplicates shall be issued for lost tags for an amount set by resolution of the City Council upon the filing of proof of such loss. Such metallic tags shall be attached to a collar or harness and such collar or harness with the attached tag shall be kept on such dog or cat at all times, excepting as otherwise provided in the Code.
(b) The license fee herein mentioned shall be due and payable on the 2nd day of January each year and shall expire on the 31st day of December next ensuing. Where a dog or cat is acquired after the 2nd day of January, the license fee thereon shall be due

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Packet Pg. 170 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 12 on the date of acquisition of such dog or cat for such calendar year and thereafter on the 2nd day of January of each succeeding year.
(c) In the event that any person shall fail, neglect or refuse to pay the required license tax for a dog license before the 1st day of April of each year, a penalty will be assessed, in addition to the prescribed license fee, in the amount of five dollars for every neutered male or spayed female dog and ten dollars for every un-neutered male or unspayed female dog.
(d) The provisions of this Section shall not apply to:
(1) Any dog not more than four months of age.
(2) Assistance dogs pursuant to State law.

SECTION 12. Section 4.04.190 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.190 Unlicensed dogs.

The Animal Control Officer shall take possession of any dog, except those dogs not more than four months of age, found anywhere in the City without a collar or harness and tag as provided in this Code, and shall impound the same under the provisions of this Code.

SECTION 13. Section 4.04.230 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.230 Taking possession of animals.

No person shall take the possession of any fowl, dog or other animal found running at large in the City, without notifying the Animal Control Officer at his or her headquarters within four hours after receiving possession of such fowl, dog or other animal, giving full description of the same, the address of the place where same may be found, and shall,

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Packet Pg. 171 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 13 upon demand of the aforesaid Animal Control Officer, surrender such fowl, dog or animal to him or her. Said Animal Control Officer shall impound such fowl, dog or other animal as in this Code provided, except that if the Animal Control Officer determines that no owner can be ascertained for an unaltered cat that is reasonably believed to unowned and found running at large, the Animal Control Officer may allow the person who found the cat to keep possession of the cat in order to have the cat spayed or neutered, and may allow such person to release the cat in the location it was found running at large. It is hereby made the duty of any police officer who shall have any knowledge or notice of any person having in his or her possession any such fowl, dog or other animal, to report the same to said Animal Control Officer.

SECTION 14. Section 4.04.250 of the Santa Monica Municipal Code is hereby repealed.

SECTION 15. Section 4.04.260 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.260 Notice of impounding of animals and release of impounded animals. (a) The Animal Control Officer shall post in a conspicuous place in the office of the City Animal Shelter a notice displaying thereon the full description of each such bird, fowl or animal impounded. It shall be stated in said notice that if the bird, fowl or animal is not redeemed by the person entitled to the possession thereof within three business days, said animals shall become the property of the City. Such notice shall not be posted for animals impounded pursuant to Section 4.04.265 of this Code unless an animal is not redeemed by the person entitled to the possession thereof after the expiration of the quarantine period required by Section 11.04.210 of the Los Angeles County Code.

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Packet Pg. 172 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 14 (b) If an impounded animal is not redeemed at the expiration of the period specified in a notice posted pursuant to subsection (a), the Animal Control Officer shall offer such bird, fowl or animal for sale, the sale price to be equivalent to the amount of charges which have accrued for impounding and boarding or otherwise caring for such animal, and if such total sum is not obtainable, then any portion thereof. (c) As an alternative to the offer for sale of such bird, fowl or animal, or in the event no one shall accept such offer, the Animal Control Officer may humanely dispose of such bird, fowl or animal, or in the case of a cat found running at large as part of an outdoor cat community who is reasonably believed to be unowned, the Animal Control Officer may, after vaccinating and spaying or neutering the cat, release the cat to a person who shall return the cat to the location at which it was found running at large. No stray dog or stray cat shall be euthanized pursuant to this section if a nonprofit, animal rescue, or adoption organization requests the release of the animal before schedule euthanasia. (d) This section shall apply only to birds, fowl, and animals impounded pursuant to and for violations of this Chapter.

SECTION 16. Section 4.04.265 of the Santa Monica Municipal Code is hereby added to read as follows:
§ 4.04.265 Impoundment of dogs and cats after bite.
(a) The Animal Control Officer shall have the power to summarily and immediately impound a dog or cat that is required to be quarantined pursuant to Section

11.04.210 of the Los Angeles County Code. The Animal Control Officer is authorized to enter and inspect private property to enforce the provisions of this section.

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Packet Pg. 173 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 15 (b) An animal impounded pursuant to this section may be returned to the animal’s owner, in accordance with the requirements of Section 4.04.360 of this Code, upon the expiration of the quarantine period required by the Section 11.04.210 of the Los Angeles County Code, except that if the Animal Control Officer notifies the owner or custodian that the animal is dangerous pursuant to Section 4.04.280 of this Code before the expiration of the quarantine period, the Animal Control Officer shall not return the animal to its owner or custodian until the owner or custodian demonstrates to the Animal Control Officer an ability to comply with the restrictions of Section 4.04.290 of this Code.

If the owner or custodian appeals a notice that an impounded animal is dangerous and the notice is overturned by the Hearing Officer, the Animal Control Officer shall return the animal to the owner or custodian within one business day of such determination by the Hearing Officer, in accordance with the requirements of Section 4.04.360. (c) Failure to surrender to the Animal Control Officer upon demand an animal which is subject to being impounded pursuant to this section shall be a misdemeanor.

SECTION 17. Section 4.04.280 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.280 Dangerous animals.

Upon receiving an affidavit from any person who has been bitten by a dog, cat or other animal or from any person who has witnessed an animal biting a person or another animal, the Animal Control Officer shall investigate. If the Animal Control Officer determines based on his or her investigation that the animal has bitten a person or another animal and caused at least one puncture on the flesh of the person or other

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Packet Pg. 174 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 16 animal, the Animal Control Officer may notify the person having the care, custody and control of such dog, cat or other animal in writing that the animal is dangerous.

SECTION 18. Section 4.04.290 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.290 Dangerous animal restrictions.
(a) When the Animal Control Officer notifies the person having the care, custody and control of an animal that the animal is dangerous, the person having the care, custody and control of the animal must keep the animal securely restrained on his or her premises either by use of chain attached to the animal’s collar or harness, or within an enclosure sufficiently strong to prevent the animal from escaping, until the Animal Control Officer issues a notice authorizing a different place for containment or a notice releasing the animal from containment. When the Animal Control Officer determines that a dog is dangerous, the person having care, custody and control of the dog shall additionally keep the dog muzzled and on a leash controlled by a responsible adult at all times when the dog is upon the public streets, public sidewalks, public parks, or any other public place within the City, or upon any private property which is not fully enclosed by fence or other barrier, until the Animal Control Officer issues a notice vacating the muzzle requirement. The Animal Control Officer shall issue a notice vacating the muzzle requirement if the owner demonstrates to the satisfaction of the Animal Control Officer that the conditions or behaviors that led to the dangerous animal determination have ceased and are not likely to return.
(b) In addition to the foregoing restrictions, when the Animal Control Officer determines that a dog is dangerous, or as a condition of vacating a muzzle requirement

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Packet Pg. 175 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 17 for a dog that has been determined to be dangerous, the Animal Control Officer may issue a written order requiring that the owner maintain and provide proof of general liability insurance covering property damage and bodily injury caused by a dangerous dog in an amount no less than $100,000 per occurrence.
(c) Any person violating any provision of this Section shall be guilty of a misdemeanor, punishable by a fine not to exceed two hundred and fifty dollars. Each violation of any subsection shall be a separate offense and shall be punished accordingly. (d) Any person violating any provision of this Section may also be subject to administrative citations pursuant to Chapter 1.09 of this Code.

SECTION 19. Section 4.04.330 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.330 Duty of persons performing vaccinations.
(a) Each duly licensed veterinarian after vaccinating any dog or cat shall sign a certificate in duplicate containing the following information:
(1) The name and address of the owner or harborer of the vaccinated dog; (2) The kind of vaccine used and the date of the vaccination; (3) The year and serial number of the dog or cat tag;
(4) The breed, age, color, and sex of the vaccinated dog or cat; (5) Such other information as the City Manager may require.

He or she shall immediately present one copy to the owner of the vaccinated dog or cat and retain one copy. At the time of the vaccination of any dog or cat, the veterinarian shall also deliver to the owner of the dog or cat as evidence of such vaccination. The City Clerk

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Packet Pg. 176 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 18 shall not issue any license where vaccination is required until there has been presented to him or her for examination a certificate showing said vaccination. (b) At least once each quarter, every licensed veterinarian in the City of Santa Monica shall notify the Animal Control Officer of the name and address for every person in the City of Santa Monica owning a dog or cat that the veterinarian has vaccinated in that quarter.

SECTION 20. Section 4.04.340 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.340 Tag to be attached to dog or cat.

Certificate Retained by Owner. Every owner of a dog shall, and every owner of a cat may, attach the tag evidencing a valid dog or cat license to the collar or harness of the vaccinated dog or cat and such collar or harness shall be worn by the dog at all times.

The copy of the certificate shall be retained by the owner or harborer of the vaccinated dog or cat for inspection by the authorized persons.

SECTION 21. Section 4.04.360 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.360 Impounded dogs and cats.
(a) Whenever an owner of an impounded dog or any person desiring to possess any impounded dog takes said dog from the pound, said persons shall within ten days after securing the release of said dog, present to the Animal Control Administrator a certificate showing said dog has been vaccinated as required by this Chapter. (b) The owner or custodian of a dog or cat will be charged and shall be personally liable for the costs of impoundment, including daily board and care costs,

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Packet Pg. 177 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 19 vaccinations, medication and any other treatments as may be required to care for the animal in the reasonable discretion of the Animal Control Officer.

SECTION 22. Section 4.04.370 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.370 Removal of dog feces.

No person having the right and ability to prevent the same, shall knowingly, carelessly, or negligently permit any dog to deposit fecal matter upon any public property, including, but not limited to, public parks, streets, sidewalks, parkways, gutters and drains, or any improved private property other than that of the owner of said dog or person who has consented thereto, without immediately removing the fecal matter. Any person violating this Section shall be guilty of an infraction, which shall be punishable by a fine of not less than one hundred dollars per violation.

SECTION 23. Section 4.04.380 of the Santa Monica Municipal Code is hereby repealed.

SECTION 24. Section 4.04.410 of the Santa Monica Municipal Code is hereby repealed.

SECTION 25. Section 4.04.415 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.04.415 Appeals.

Any animal owner who is aggrieved by a decision of the Animal Control Officer made pursuant to Municipal Code Section 4.04.280 may obtain review of that determination by filing a notice of appeal with the Animal Control Officer. A hearing shall be conducted by

4.I.a
Packet Pg. 178 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 20 a Hearing Examiner in accordance with the procedures set forth in Section 6.16.030 of this Code.

SECTION 26. Section 4.12.090 of the Santa Monica Municipal Code is hereby amended to read as follows:
§ 4.12.090 Noisy animals.

No person shall permit or allow any animal under his or her ownership, custody or control to bark, yell or cry for more than five continuous minutes or for fifteen total minutes in any sixty-minute period. The Animal Control Officer may decline to investigate a complaint for violation of this section if the City does not receive a second complaint from another household about the same animal within a twelve-hour period.

SECTION 27. 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.

SECTION 28. 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 29. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official

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Packet Pg. 179 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) 21 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. 180 Attachment: Ord-Chapter 4.04 Amendments 2d (7096 : Animal Shelter Ordinance - Second Reading) City Council
Report
City Council Meeting: May 27, 2025
Agenda Item: 4.J
1 of 2
To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Second Reading and Adoption of an Ordinance Amending the Text of the City’s Zoning Ordinance to Eliminate Parcel Size Threshold for Streamlined Review of Housing Projects, Increase the Maximum Square Footage for Accessory Dwelling Units, Revise Provisions Related to Ministerially Approved Lot Splits and Duplexes on Parcels Zoned Single-Unit Residential, Adjust the Criteria for Streamlined Review of Housing Projects on Large Sites Within Bergamot Zoning Districts, Provide Extensions for Projects Approved prior to January 6, 2025, Convert Parcel Coverage Development Standards to Floor Area Ratio for the City’s Residential Zoning Districts, and Align Density Standards for the City’s Multiple-Unit Residential Zoning Districts with the Intensities Envisioned in the Land Use and Circulation Element; for Consistency With Recent Updates to State law; and Making Other Minor Changes, Corrections and Clarifications
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 the text of the City’s Zoning Ordinance to eliminate parcel size threshold for streamlined review of housing projects, increase the maximum square footage for accessory dwelling units, revise provisions related to ministerially approved lot splits and duplexes on parcels zoned single-unit residential, adjust the criteria for streamlined review of housing projects on large sites within Bergamot zoning districts, provide extensions for projects approved prior to January 6, 2025, convert parcel coverage development standards to floor area ratio for the City’s residential zoning districts, and align density standards for the city’s multiple-unit residential zoning

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Packet Pg. 181
2 of 2
districts with the intensities envisioned in the Land Use and Circulation Element; for consistency with recent updates to State law; and making other minor changes, corrections and clarifications. The ordinance is now presented to the City Council for adoption.

Prepared By: Bradley Michaud, Principal Legal Analyst
Approved Forwarded to Council
Attachments:

A. CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A

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Packet Pg. 182
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 TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE TO ELIMINATE PARCEL

SIZE THRESHOLD FOR STREAMLINED REVIEW OF HOUSING PROJECTS,

INCREASE THE MAXIMUM SQUARE FOOTAGE FOR ACCESSORY DWELLING

UNITS, REVISE PROVISIONS RELATED TO MINISTERIALLY APPROVED LOT

SPLITS AND DUPLEXES ON PARCELS ZONED SINGLE-UNIT RESIDENTIAL,

ADJUST THE CRITERIA FOR STREAMLINED REVIEW OF HOUSING PROJECTS

ON LARGE SITES WITHIN BERGAMOT ZONING DISTRICTS, PROVIDE EXTENSIONS FOR PROJECTS APPROVED PRIOR TO JANUARY 6, 2025,

CONVERT PARCEL COVERAGE DEVELOPMENT STANDARDS TO FLOOR AREA RATIO FOR THE CITY’S RESIDENTIAL ZONING DISTRICTS, AND ALGIN DENSITY STANDARDS FOR THE CITY’S MULTIPLE-UNIT RESIDENTIAL ZONING DISTRICTS

WITH THE INTENSITIES ENVISIONED IN THE LAND USE AND CIRCULATION ELEMENT; FOR CONSISTENCY WITH RECENT UPDATES TO STATE LAWS; AND

MAKING OTHER MINOR CHANGES, CORRECTIONS, AND CLARIFICATIONS WHEREAS, in late 2024, the Governor signed an extensive housing package into law, directed at addressing the Statewide housing crisis and homelessness (the “2024 State Housing Package”); and
WHEREAS, the 2024 State Housing Package includes AB 1893, which amends the Housing Accountability Act to update the definition of a housing project; allow jurisdictions to disapprove or condition approval of a housing development project or emergency shelter if the local agency makes written findings that on the date the application for the housing development project or emergency shelter was deemed complete the jurisdiction did not have an adopted revised housing element that was in substantial compliance with the Housing Element Law and the housing development

4.J.a
Packet Pg. 183 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 2 project is not a builder’s remedy project; and otherwise modify builder’s remedy provisions; and
WHEREAS, the 2024 State Housing Package includes AB 2684 and 3166, which expand and amend the definitions of “shared housing units” and “student housing developments” and amend State Density Bonus Law for student housing development based on percentages of lower income units provided; and WHEREAS, the 2024 State Housing Package includes SB 1211, which increases the number of allowable Accessory Dwelling Units (ADUs) permitted on a parcel with existing multiple-unit dwellings, subject to certain conditions, and prohibits a local agency from requiring replacement of uncovered off-street parking spaces that are demolished in order to construct an ADU; and
WHEREAS, the 2024 State Housing Package includes SB 450, which amends SB 9 (2022)’s approval process for duplexes in single-family zones and lots split of parcels zoned for residential use into two parcels, to: (1) remove the option to prohibit projects that would result in the demolition of more than 25% of existing exterior walls; (2) make clear that a local agency cannot impose objective standards unless such standards are applied uniformly within the zone; (3) require agencies to approve or deny applications within 60 days of complete application; and (4) add additional legislative findings to clarify that SB 9 applies to all cities, including charter cities; and WHEREAS, the 2024 State Housing Package includes AB 2094, which requires local agencies to provide at least 20 days’ notice before required public hearings on proposed Zoning Ordinances or amendments to Zoning Ordinance, if the proposed ordinances or amendments affect the permitted uses of real property; and

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Packet Pg. 184 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 3 WHEREAS, the 2024 State Housing Package includes SB 1123, which updates eligibility for the ministerial subdivision of 10 ownership units or fewer to include parcels zoned to allow multi-unit residential dwelling uses and for vacant, single unit zoned parcels of not larger than 1.5 acres; and
WHEREAS, on December 17, 2024, in order to reduce the time and cost associated with developing new housing, City Council gave direction to return with amendments to the Zoning Ordinance to allow all “housing projects” (as defined by California’s Housing Accountability Act) proposed in all non-residential zones, except the Bergamot Districts, to be processed through an Administrative Approval process regardless of the size of the parcel upon which the housing project is located; and WHEREAS, on October 22, 2024, the City Council gave direction to amend the Zoning Ordinance to increase the maximum square footage of an Accessory Dwelling Unit (ADU) from 1,000 sq. ft. to 1,200 sq. ft, which is allowable pursuant to State law; and WHEREAS, on January 28, 2025, in order to facilitate diverse housing choices in the City’s highest opportunity areas, in conjunction with necessary updates arising out of SB 450, the City Council gave direction to return amendments to the City’s regulations governing ministerial approval for certain lot splits and duplexes on parcels zoned for single-unit residential by: (1) removing the owner-occupancy requirement for lot splits and duplexes and clarifying that vacant or demolished parcels, as well as lots with approved demolition permits, are eligible for lot splits and duplexes, (2) allowing one roof deck per unit, and (3) ensuring that no standard within this ordinance or the underlying zoning district shall preclude the construction of 2 units, not including ADUs, of at least 1200 square feet each; and

4.J.a
Packet Pg. 185 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 4 WHEREAS, on February 11, 2025, the City Council gave direction to staff to adjust the Administrative Approval criteria for housing projects within the Bergamot Districts; and WHEREAS, on February 11, 2025, the City Council also 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 project will comply with current code; and
WHEREAS, recent updates to State Law have increasingly begun to dictate minimum guaranteed development sizes for such things as ADUs and multi-unit developments using floor area or Floor Area Ratio (FAR) instead of parcel coverage; and WHEREAS, to better implement State law and align more accurately with the purpose of parcel coverage and floor area/FAR, converting existing parcel coverage percentages to FAR, which will also increase efficiency and transparency in reviewing and approving development projects in the City’s residential zoning districts; and WHEREAS, revisions to density limitations for the City’s Multiple-Unit Residential Zoning Districts will provide consistency between the development intensities (density, building height, etc.) identified in the LUCE, align with State law, and ensure that underdeveloped parcels are able to maximize their development potential; and WHEREAS, on February 19, 2025, pursuant to SMMC 9.46.030(B), the Planning Commission adopted Resolution Number 25-002 (PCS), a Resolution of Intention,

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Packet Pg. 186 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 5 declaring its intention to consider recommending to the City Council that the City Council amend the Zoning Ordinance to eliminate the parcel size threshold for streamlined review of housing projects, increase the maximum square footage for accessory dwelling units, revise provisions related to ministerially approved lot splits and duplexes on parcels zoned single-unit residential, adjust the criteria for streamlined review of housing projects on large sites within Bergamot Zoning Districts, provide extensions for projects approved prior to January 6, 2025, convert parcel coverage development standards to floor area ratio for the City’s residential zoning districts, and align density standards for the City’s multiple-unit residential zoning districts with the intensities envisioned in the Land Use and Circulation Element; for consistency with recent update to State laws; and making other minor changes, corrections and clarifications; and WHEREAS, on March 19, 2025, the Planning Commission conducted a duly noticed public hearing and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number 25-004 (PCS), recommending that the City Council amend the text of the Zoning Ordinance based on the following findings:

1. The proposed Ordinance amendments are consistent in
principle with the General Plan and any applicable Specific Plan in that the amendments are necessary to ensure consistency with State law, support the policies, goals, and programs of the City’s 6th Cycle Housing Element to encourage and incentivize the production of diverse housing choices in the highest opportunity areas of the City, to further streamline housing project

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Packet Pg. 187 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 6 approvals by providing additional clarity to current regulations, and increasing transparency and ease of use.

2. The proposed Ordinance amendments are consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments are necessary to ensure consistency with State law, facilitate diverse housing choices in the City’s highest opportunity areas to meet the goals and needs identified in the 6th Cycle Housing Element, cure inconsistencies, increase transparency and ease of use of the City’s Zoning Ordinance regulations, and otherwise maintain policies, standards, and regulations of the Zoning Ordinance that promote the public health, safety, and welfare.

WHEREAS, on May 13, 2025, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, desires to adopt the proposed Zoning Ordinance amendments as set forth below.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on May 13, 2025, regarding the proposed changes to the text of the Zoning Ordinance, the City Council hereby makes the following findings:

1. The proposed Ordinance amendments are consistent in
principle with the General Plan and any applicable Specific Plan in that the amendments are necessary to ensure consistency with State law, support

4.J.a
Packet Pg. 188 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 7 the policies, goals, and programs of the City’s 6th Cycle Housing Element to encourage and incentivize the production of diverse housing choices in the highest opportunity areas of the City, to further streamline housing project approvals by providing additional clarity to current regulations, and increasing transparency and ease of use.

2. The proposed Ordinance amendments are consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the amendments are necessary to ensure consistency with State law, facilitate diverse housing choices in the City’s highest opportunity areas to meet the goals and needs identified in the 6th Cycle Housing Element, cure inconsistencies, increase transparency and ease of use of the City’s Zoning Ordinance regulations, and otherwise maintain policies, standards, and regulations of the Zoning Ordinance that promote the public health, safety, and welfare.

Section 2. Article 9 of the Santa Monica Municipal Code is hereby amended to read as set forth in Exhibit A, attached hereto.

SECTION 3. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 4. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any

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Packet Pg. 189 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 8 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

4.J.a
Packet Pg. 190 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 9 EXHIBIT A
Amendments to the Text of the Zoning Ordinance to Eliminate Parcel Size Threshold for Streamlined Review of Housing Projects, Increase the Maximum Square Footage for Accessory Dwelling Units, Revise Provisions Related to Ministerially Approved Lot Splits and Duplexes in on Parcels Zoned Single-Unit Residential, Adjust the Criteria for Streamlined Review of Housing Projects on Large Sites Within Bergamot Zoning Districts, Provide Extensions for Projects Approved Prior to January 6, 2025, Convert Parcel Coverage Development Standards to Floor Area Ratio for the City’s Residential Zoning Districts, and Align Density Standards for the City’s Multiple-Unit Residential Zoning Districts with the Intensities Envisioned in the Land Use and Circulation Element; For Consistency with Recent Updates to State Laws; and Making Other Minor Changes, Corrections, and Clarifications
[BEHIND THIS PAGE]

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Packet Pg. 191 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) DIVISION 1: INTRODUCTORY PROVISIONS
Chapter 9.04, Rules for Measurement
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Packet Pg. 192 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Chapter 9.04 Rules for Measurement
Section 9.04.080 Determining Floor Area.

The floor area of a building is the total gross horizontal areas of all floors of a building, including usable basements and all other areas measured from the interior face of the exterior walls or, in the case of a shared wall, from the centerline of a wall separating the two buildings. In addition to calculating Floor Area Ratio, floor area shall be used to determine parking requirements and all applicable impact fees, including, but not limited to, affordable housing fees, transportation impact fees, childcare linkage fees, cultural arts fees, and parks and recreation fees.

A. Included in Floor Area. Floor area is deemed to include:

1. The actual floor space of all habitable rooms on all levels and mezzanines, interior balconies, lofts, and closets;

2. Restrooms, lounges, lobbies, kitchens, storage areas, and interior hallways and corridors;

3. Portions of basements that meet Building Code requirements for habitable space;

4. Enclosed porches and balconies;

5. Unenclosed decks, balconies, porches, and platforms used for commercial or restaurant activity;

6. Enclosed interior courtyards, atria, paseos, walkways and corridors;

7. Enclosed storage and equipment spaces; and

8. Covered parking at or above grade.

B. Excluded from Floor Area. Floor area does not include:
2 4.J.a
Packet Pg. 193 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

1. Stairways and stairwells;

2. Elevators, elevator equipment rooms, and elevator shafts;

3. Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure provided the ramp does not accommodate parking;

4. Loading spaces and docks used exclusively for loading and unloading as required by Section 9.28.080;

5. In the Third Street Promenade Area, unenclosed rooftop areas used for commercial or restaurant activity (“unenclosed rooftop areas”), subject to the following specific standards:
a. Unenclosed rooftop areas shall be surrounded by a barrier not to exceed 42 inches in height with an allowable transparent barrier not to exceed 42 inches in height. The barrier shall be permanently affixed to the rooftop, b. Unenclosed rooftop areas, including barrier, shall be set back a minimum 5 feet from the edges of the building,
c. Portable restrooms, storage sheds, or other similar temporary structures shall not be permitted on the rooftop,
d. Rooftop features such as sunshades, trellises, or canopies shall not exceed 10 feet in height with a maximum aggregate coverage of 50% of the unenclosed rooftop area,
e. Unenclosed rooftop areas shall not be accessible to the public outside of their normal business operating hours;
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Packet Pg. 194 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

6. Covered and uncovered courtyards, arcades, atria, paseos, walkways, and corridors located at or near the street level and are accessible to the general public provided they are not used as sales, display, storage, service, or production areas;

7. Parking areas located below finished grade or finished floor of habitable space where the vertical distance between finished grade and finished floor is 5 feet or less;

8. Semi-subterranean parking areas that meet the following criteria:
a. The parking area is located below finished grade along a minimum of 1 street frontage,
b. The portions of the parking area located above finished grade are a result of the site's slope and cannot feasibly be fully subterranean due to geological or physical site constraints, and
c. The façades of any of the visible portions of the parking area located above finished grade are appropriately treated and landscaped;

9. Mechanical equipment rooms, electrical rooms, telecommunication equipment rooms, and similar space located below grade;

10. Enclosures constructed pursuant to Section 9.31.060, Automobile/Vehicle Repair, Major and Minor, for outdoor hoists in existence on the adoption of Ordinance Number 1452 (CCS);

11. Attics;

12. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025;
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Packet Pg. 195 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

13. Commercial outdoor space permitted pursuant to Sections 9.31.199, Outdoor Commercial Uses on Private Property, and 9.31.200, Outdoor Dining and Seating on Sidewalks, shall be excluded from floor area; Section 9.04.090 Determining Floor Area Ratio in Non-Residential Zoning Districts.

Floor Area Ratio (FAR) is the ratio of the floor area, as specified in Section 9.04.080, excluding the areas described below, of all principal and accessory buildings on a site to the site area. To calculate FAR, floor area is divided by site area and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0. For parcels containing more than one zoning designation pursuant to Section 9.21.040, the maximum floor area shall be calculated according to the parcel area within each Zoning District and the corresponding Floor Area Ratio for the District.

A. Areas Excluded from Floor Area Ratio. The following areas shall be excluded when calculating FAR in non-residential zoning districts:

1. Floor area devoted to basements;

2. Unenclosed decks, balconies, porches, outdoor dining areas permitted pursuant to Section 9.31.200, Outdoor Dining and Seating on Sidewalks, provided the dining areas have not more than a 42-inch high barrier surrounding the dining area and is visible from the public right-of-way, and other open spaces, and outdoor space permitted pursuant to Section 9.31.199, Outdoor Commercial Uses on Private Property. 5 4.J.a
Packet Pg. 196 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) FIGURE 9.04.090: DETERMINING FLOOR AREA RATIO
Section 9.04.100 Determining Floor Area Ratio in Residential Zoning Districts.

Floor Area Ratio (FAR) is the ratio of the floor area, as specified in Section 9.04.080, of all principal and accessory buildings on a site to the site area and subject to the inclusions and exclusions below. To calculate FAR, the floor area is divided by site area and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 5,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 0.50.

For parcels containing more than one zoning designation, pursuant to Section 9.21.040, the maximum floor area shall be calculated according to the parcel area within each Zoning District and the corresponding Floor Area Ratio for the District.

A. Areas Included in Floor Area Ratio. The following areas shall be included when calculating FAR in residential zoning districts:

1. Areas defined as floor area in Section 9.04.080;

2. Areas with ceiling heights exceeding an upper story floor line by 7 feet or more shall count towards each subject upper story.

3. Required stepback areas that are:
a. Enclosed on three sides; and
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Packet Pg. 197 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) b. Covered by a roof that is less than 50% open to the sky;

4. Projecting upper-story outdoor spaces not within minimum setback areas that are:
a. Enclosed on at least three sides; and
b. Covered by a roof that is less than 50% open to the sky; and

5. Areas enclosed on more than two sides below an upper story or accessory building.

B. Areas Excluded from Floor Area Ratio. The following areas shall be excluded when calculating FAR in residential zoning districts:

1. Floor area devoted to basements;

2. Floor area devoted to mezzanines and lofts;

3. Covered parking areas open on at least two sides; and

4. Roofed accessory buildings open on at least two sides and not exceeding 14 feet in height.
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Packet Pg. 198 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) DIVISION 2: BASE AND OVERLAY DISTRICTS
Chapter 9.07, Single-Unit Residential District
Chapter 9.08, Multi-Unit Residential Districts
Chapter 9.09, Ocean Park Neighborhood Districts
Chapter 9.10, Downtown Districts
Chapter 9.11, Mixed-Use and Commercial Districts
Chapter 9.12, Bergamot Districts
Chapter 9.13, Employment Districts
Chapter 9.14, Oceanfront District
Chapter 9.15, Public and Semi-Public Districts
Chapter 9.16, A Off-Street Parking Overlay District
Chapter 9.19, Moderate Income Overlay District
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Packet Pg. 199 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) CHAPTER 9.07 SINGLE-UNIT RESIDENTIAL DISTRICT

9.07.030 Development Standards.

Table 9.07.030 prescribes the development standards for the Single-Unit Residential (R1) District. Additional regulations, including incentives for the retention of existing homes, are denoted with Section numbers throughout the table. Specific R1 District design review criteria is located directly following the table:

TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Parcel and Density Standards
Minimum Parcel Area (sq.
ft.) 5,000
Maximum Parcel Area (sq.
ft.) See Section 9.21.030(B)
Minimum Parcel Width (ft.) 50 For parcels bounded by the centerlines of First Court Alley, Seventh Street,
Montana Place North Alley, and
Adelaide Drive, the minimum parcel
width is 100 ft. and the minimum
parcel depth is 175 ft.

Minimum Parcel Depth (ft.) 100
Maximum Allowable
Density 1 unit per parcel
Accessory Dwelling Units and Junior
Accessory Dwelling Units shall be
permitted as provided in Section

9.31.125, Accessory Dwelling Units
and Junior Accessory Dwelling Units
A duplex shall be permitted as
provided in Section 9.31.125,
Duplexes and Lot Splits on Parcels
Zoned for Single-Unit Residential
Maximum FAR
Section 9.04.100, Determining Floor
Area Ratio in Residential Zoning
Districts
One-story structure less
than 18 ft. in height 0.5
For parcels less than 5,000 sq. ft., a
maximum FAR equaling 2,500 sq. ft.
shall be permitted.
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Packet Pg. 200 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
One-story structure 18 ft. or
more in height 0.45
For parcels less than 5,000 sq. ft., a
maximum FAR equaling 2,250 sq. ft.
shall be permitted.

Two-story structure 0.45 For parcels less than 5,000 sq. ft., a maximum FAR equaling 2,250 sq. ft.
shall be permitted with no more than
1,125 sq. ft. allowable on the second
story.

Existing structure with
addition
(Applies to projects that do
not result in a demolition as
defined in Chapter 9.25,
Demolition and Relocation.)

0.55 For parcels less than 5,000 sq. ft., a
maximum FAR equaling 2,750 sq. ft.
shall be permitted with no more than
1,375 sq. ft. allowable on the second
story.

Building Form and Location
Maximum Number of
Stories
2 Maximum Building Height (ft.) Section 9.04.050, Measuring Height Parcels up to 20,000 sq.
ft. in area
28 ft.
with no wall height above 23 ft.

Walls associated with roof structure
design such as gables and dormers are
permitted above 23 ft., provided such
walls comply with upper-story
stepback requirements.

Parcels greater than
20,000 sq. ft. in area and
with a front parcel line at
least 200 ft. in length
• 28 ft. for flat roof
• 32 ft. for pitched roof
Projections into Height
Limits
See Section 9.21.060, Height Projections
Minimum Setbacks (ft.)
Front Per Official Districting Map or
20 ft. if not specified
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Packet Pg. 201 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Side - One-story structure
less than 18 ft. in height
10% of parcel width or 3.5 ft.,
whichever is greater, but no more
than 15 ft. required
Side - Aggregate of both
sides for a two-story
structure or one-story
structure 18 ft. or more in
height
30% of parcel width, but no more
than 45 ft. required and each side
shall be at least 10% of the parcel
width or 3.5 ft., whichever is
greater
The aggregate side setback
requirement does not apply to the
following:
• New structures on parcels that are
45 ft. or less in parcel width;
• Additions to existing structures on
parcels that are less than 50 ft. in
width; or
• Structures on parcels less than 5,000
sq. ft.

Rear 15 ft. from rear parcel line
11 4.J.a
Packet Pg. 202 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Additional Minimum Stepbacks for Upper Stories
Front Upper-Story
Stepback
The sum of all stepback areas
along the entire front building
elevation shall be at least 1% of
total parcel area and comply with
the requirements below.

However, if the entire upper story
is set back at least 3% of total
parcel depth from the required
front setback, no front upperstory stepback is required. • Each stepback area shall begin at the required front setback
and shall comply with the
following: o The minimum stepback
depth shall be 3% of total
parcel depth and shall be
measured from the required
front setback.
o The maximum stepback
depth shall be 6% of total
parcel depth and shall be
measured from the required
front setback.
o Any stepback depth beyond
6% of total parcel dept
h
shall not be included in
calculating compliance with
this standard.
• Any stepback area used to
comply with a side upper-story
stepback requirement shall not
be included in calculating
compliance with this standard.
12 4.J.a
Packet Pg. 203 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Side Upper
-Story
Stepbacks
The sum of all stepback areas on
each side building elevation shall
be at least 1% of total parcel area
and comply with the
requirements below. However, if
the entire upper story is set back
at least 20% of total parcel width
from the side parcel line, no side
upper-story stepback is required
for the subject elevation. • Each stepback area shall begin at each respective minimum
side setback line and shall
comply with the following: o The minimum stepback
depth shall be 20% of total
parcel width and shall be
measured from the side
parcel line.
o The maximum stepback
depth shall be 25% of total
parcel width and shall be
measured from the side
parcel line.
o Any stepback depth beyond
25% of total parcel width
shall not be included in
calculating compliance with
this standard.
• Any stepback area used to
comply with a front upper-story
stepback requirement shall not
be included in calculating
compliance with this standard.
13 4.J.a
Packet Pg. 204 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Sides—All portions of
buildings exceeding 23 ft.
in height
• No portion of a building other
than a permitted projection
shall intersect a plane
commencing at 23 ft. in height
at the minimum side setback
that extends at an angle of 45-
degrees from the vertical
toward the interior of the site.
• The 23 ft. height measurement
shall be taken from the same
reference grade as determined
for the subject site pursuant to
Section 9.04.050.

Upper-Story Outdoor Space
Maximum size of
individual balcony,
terrace, deck, first-story
roof deck, or similar
outdoor space
3% of parcel area or 300 sq. ft.,
whichever is less
Individual balconies, terraces, decks,
first-story roof decks, or similar
outdoor spaces larger than 100 sq. ft.
located in the rear half of the parcel
shall be set back a minimum distance
of 20% of the parcel width from the
side parcel lines.

Maximum size of roof
deck above second story 3% of parcel area or 300 sq. ft., whichever is less
Maximum of 1 per dwelling unit,
which shall be set back a minimum of
7 ft., measured from minimum
setbacks.

Openness and Use of Setbacks
Maximum Front Setback Paving (% of required front setback area)
Parcels 25 ft. or more in
width
50%
Parcels less than 25 ft. in
width
60%
Building Projections into
Setbacks
See Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Excavation for Lightwells, Stairwells, and Access to Subterranean Garages and Basements 14 4.J.a
Packet Pg. 205 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Basements and
subterranean garages
No basement or subterranean
garage shall extend into any
setback area, except for any
basement or garage located
beneath an accessory building
which is otherwise permitted
within a setback area, if such
basement, semi-subterranean, or
subterranean garage is located at
least 5 ft. from any parcel line
Lightwells and stairwells
• Side and rear setbacks may be
utilized for lightwells or
stairways to below-grade areas
• Excavated areas shall be set
back a minimum of 10% of the
parcel width from any parcel
line measured to the interior
wall surface of these excavated
areas
• For parcels where the aggregate side
setback is not required, up to a total
of 50 sq. ft. within the side and rear
setbacks may be utilized for
lightwells or stairways to belowgrade areas.
• Retaining walls shall not be
included in calculations for these
excavated areas.

Excavation for access
Excavation in the front setback
area for a driveway, stairway,
doorway, or other such element
for access purposes shall be no
deeper than 3 ft. below existing
grade
Vehicle Accommodation
Parking • See Sections 9.28.070, Location of Parking
• Section 9.28.120, Parking Design and Development Standards Driveways
• On parcels less than 100 ft. in width, no more than one driveway permitted
• See Section 9.28.120, Parking Design and Development Standards Incentives for Retention of Existing Homes
Building Additions Section 9.21.170, Building Additions Extending into Minimum Side Setbacks
Modifications to
Development Standards
Chapter 9.43, Modification and Waivers
Architectural Review
15 4.J.a
Packet Pg. 206 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Architectural Review See Section 9.07.030(A)
Additional Standards
Accessory Buildings and
Structures
Section 9.21.020, Accessory Buildings and Structures
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Basements Section 9.52.020.0230, Basement Definition
Duplexes and Lot Splits on
Parcels Zoned for SingleUnit Residential
Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for SingleUnit Residential Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling
Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling
Projects Located on
Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling
Projects Located on
Residentially Zoned Surface
Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking Chapter 9.28, Parking, Loading, and Circulation Private Tennis Courts Section 9.31.250, Private Tennis Courts Projections from Buildings
into Minimum Setbacks
Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
16 4.J.a
Packet Pg. 207 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Projections into Height
Limits
Section 9.21.060, Height Projections
Refuse and Recycling
Screening and Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Architectural Review.

1. Proposed development in the R1 Single-Unit District shall not be subject to architectural review if it conforms to the development standards set forth above except as follows:
a. The Architectural Review Board shall review any proposed duplex pursuant to Section 9.55.140.
b.
i. The Architectural Review Board shall review proposed development that is located on a parcel with a grade differential of 12.5 feet or more between the front and rear parcel lines, and associated with the following:
(a) New residential building; or
(b) A 50% or greater square foot addition to an existing dwelling unit.
ii. A proposed structure may be approved if its size, mass, and placement are found to be compatible with improvements in the immediate neighborhood.

2. The Architectural Review Board shall review and may approve proposed development that does not conform to the development standards set forth above as follows:
17 4.J.a
Packet Pg. 208 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) a. The Architectural Review Board shall review any proposed addition of 500 square feet or less that is regarded as a third story that is located on a parcel with a grade differential of 12.5 or more between the front and rear parcel lines.

The Architectural Review Board may approve such an addition if the following findings of fact are made
i. The street frontage and overall massing are compatible with the existing scale and neighborhood context;
ii. The addition does not enlarge the first-story of the existing residence such that a nonconforming condition is expanded; and
iii. The properties in the immediate neighborhood will not be substantially impacted.
b.
i. The Architectural Review Board shall review the following:
(a) Any proposed new structure on a parcel that is more than 45 feet in width that does not comply with the minimum aggregate side setback but that is set back a minimum of 10% of parcel width on each side; (b) Any proposed addition to an existing structure on a parcel 50 feet or more that does not comply with the minimum aggregate side setback but that is set back a minimum of 10% of parcel width on each side; (c) Any proposed two-story structure that does not conform to the standard set forth above for additional minimum stepbacks for upper stories; 18 4.J.a
Packet Pg. 209 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) (d) Any proposed structure that does not conform to the standards for subterranean garages and basements set forth in Table

9.07.030, Chapter 9.28 (Parking), and Section 9.52.020.230 of this Code; (e) Any proposed individual upper story balcony, terrace, deck, first-story roof deck, or similar outdoor space that does not conform to the standard set forth above;
(f) Any proposed structure with garage doors that face the public street, are located within the front half of the parcel, and: (i) are not set back from the primary façade facing the public street a minimum of 5 feet, or (ii) are more than 16 feet in width; or
(g) Any proposed structure that includes a first-story porch or second-story balcony that: (i) is open on at least three sides, (ii) has a height of no more than 14 feet, including parapets and railings, (iii) projects into the minimum front setback, and (iv) exceeds 50% of the front building width as measured at the front façade.
ii. The Architectural Review Board may approve a design modification set forth in this subsection if the following findings of fact are made:
(a) There are special circumstances or exceptional
characteristics applicable to the property involved, including size, shape, topography, surroundings, or location of the existing improvements or mature landscaping on the site;
19 4.J.a
Packet Pg. 210 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) (b) Granting the design modification will not be detrimental or injurious to the property or to improvements in the general vicinity and district in which the property is located;
(c) Granting the design modification will not impair the integrity and character of surrounding context, or impact the light, air, open space, or privacy of adjacent properties;
(d) If the design modification includes a modification or addition to a building on the City’s Historic Resources Inventory, the modification or addition is compatible with the building’s historic architectural character, does not result in the removal of historic building features, and is consistent with the Secretary of the Interior Standards for Rehabilitation; and (e) The design modifications comply with the criteria set forth in Section 9.55.140.
20 4.J.a
Packet Pg. 211 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) CHAPTER 9.08 MULTI-UNIT RESIDENTIAL DISTRICTS

9.08.030 Development Standards
Table 9.08.030 prescribes the development standards for the Multi-Unit Residential Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Parcel and Density Standards
Minimum Parcel Size (sq. ft.) 5,000 5,000 5,000
Maximum Parcel Size (sq. ft.) See

9.21.030(B)(C)
See

9.21.030(B)(C)
See

9.21.030(B)(C)
Minimum Parcel Width (ft.) 50 50 50
Minimum Parcel Depth (ft.) 100 100 100
Maximum Allowable Density
Housing Projects
1 unit per 1,500
sq. ft. of parcel
area
1 unit per 1,250
sq. ft. of parcel
area
1 unit per 900
sq. ft. of parcel
area
For parcels consolidated to
provide courtyards, the
maximum allowable
number of units shall be
based on the total maximum
number of units allowed on
each of the parcels prior to
consolidation.

For projects eligible for
density bonus, see Section

9.22.050(C), Calculating
Base Density
Building Form and Location
Maximum Number of Stories
Housing Projects N/A N/A N/A
Tier 1 Non-Housing Projects—
Base Standard 2 2 3
Tier 2 Non-Housing Projects—
With Provision of Community
Benefits
NA 3 4 Chapter 9.23, Community
Benefits
21 4.J.a
Packet Pg. 212 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Maximum Building Height (ft.) Section 9.04.050,
Measuring Height
Housing Projects 30. See (B) 40. See (B) 45. See (B)
Tier 1 Non-Housing Projects—
Base Standard 30. See (B) 30. See (B) 30. See (B)
Tier 2 Non-Housing Projects—
With Provision of Community
Benefits
NA 40. See (B) 45. See (B) Chapter 9.23, Community
Benefits
Maximum FAR
Section 9.04.100,
Determining Floor Area
Ratio in Residential Zoning
Districts
Housing Projects 1.0 1.5 2.0
For projects with a base
density consisting of 8 to 10
units, an increase in floor
area shall be permitted as
necessary to ensure an FAR
of 1.25
Tier 1 Non-Housing Projects—
Base Standard 1.0 1.0 1.5
Tier 2 Non-Housing Projects—
With Provision of Community
Benefits
NA 1.5 2.0
Chapter 9.23, Community
Benefits
Minimum Setbacks
Front (ft.) 20
See (C)(E)
20 See (C)(E)
20 See (C)(E)
Interior Side (ft.)—Parcels 50 feet
or more in width
8 See (E)
8 See (E)
8 See (E)
•Setbacks shall be 4 feet
for ownership projects
that: (1) were deemed
complete on or after July
1, 2024; (2) contain 10 or
fewer units; and (3) meet
the requirements of
Government Code Section
66499.41.
•Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
(excluding ADUs).
22 4.J.a
Packet Pg. 213 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Interior Side (ft.)—Parcels less
than 50 ft in width
4, or 16% of
parcel width,
whichever is
greater. See (E)
4, or 16% of
parcel width,
whichever is
greater. See (E)
4, or 16% of
parcel width,
whichever is
greater. See (E)
•Setbacks shall be 4 feet
for ownership projects
that: (1) were deemed
complete on or after July
1, 2024; (2) contain 10 or
fewer units; and (3) meet
the requirements of
Government Code Section
66499.41.
•Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
(excluding ADUs).

Street Side (% of parcel width) 15
See (C)(E)
15 See (C)(E)
15 See (C)(E)
•Setbacks shall be 4 feet
for ownership projects
that: (1) were deemed
complete on or after July
1, 2024; (2) contain 10 or
fewer units; and (3) meet
the requirements of
Government Code Section
66499.41.
•Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
(excluding ADUs).
23 4.J.a
Packet Pg. 214 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Rear (ft.) 15 15 15
•Setbacks shall be 4 feet
for ownership projects
that: (1) were deemed
complete on or after July
1, 2024; (2) contain 10 or
fewer units; and (3) meet
the requirements of
Government Code Section
66499.41.
•Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
(excluding ADUs).

Parking
See Sections 9.28.070, Location of Parking and

9.28.120, Parking Design and Development
Standards
Transition Requirements Adjacent to
R1 District See (D) See (D) See (D)
Open Space & Landscaping
Minimum Outdoor Living Area per
Unit (sq. ft.)—Sites with Three or
More Units
Section 9.21.090, Outdoor
Living Area
Private 60 60 60
Total (including private and
common) 150 150 100
Courtyards—Parcels over 99 feet in
width
No less than
10% of the total
parcel area.

See (F)
No less than
10% of the total
parcel area.

See (F)
No less than
10% of the total
parcel area.

See (F)
Minimum Planting Area (% of parcel
area) 30. See (G) 25. See (G) 20. See (G) Chapter 9.26, Landscaping Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
24 4.J.a
Packet Pg. 215 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards
within specified areas, see
Section 9.08.030(A)
R2* R3* R4 Additional Regulations
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Screening Section 9.21.140, Screening
Signs Chapter 9.61, Signs
Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Development Standards, Specified Areas. The following development standards shall govern in the areas defined below.

1. For Multi-Unit Residential District parcels located north of the Pier and west of Ocean Avenue, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: Single-Unit Dwelling; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Employee Housing; Single-Room Occupancy 25 4.J.a
Packet Pg. 216 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Housing; Congregate Housing; Multiple-Unit Dwelling; Duplex; Senior Citizen Multiple-Unit Dwelling; Senior Group Residential; Family Day Care, Large; Family Day Care, Small; Supportive Housing; Transitional Housing; Residential Care, Limited; Hospice, Limited; One-Story Accessory Building and Structures up to 14 feet in height; Parks and Recreation Facilities, Public. ii. Uses Subject to Minor Use Permits: Residential Care, General; Hospice, General; Group Residential; One-story accessory living quarters up to 14 feet in height on parcels having a minimum area of 10,000 square feet. iii. Conditionally Permitted Uses: Bed and Breakfast; Adult Day Care; Offices and Meeting Rooms for Charitable, Youth, and Welfare Organizations; Schools, Public or Private.
b. Maximum Building Height. Maximum building height shall be 40 feet, except that:
i. No portion of the building may project beyond the site view envelope.

The site view envelope is a theoretical plane beginning mid-point at the minimum required beach setback line and extending to a height of 30 feet, and then running parallel with the side parcel lines to a point located 5 feet in height above the top of the Palisades bluff immediately behind the pedestrian railing. ii. No portion of the building above 23 feet for a flat roof, and 30 feet for a pitched roof may exceed 30 feet in width. Multiple projections above 23 feet for a flat roof and 30 feet for a pitched roof shall be separated by a minimum 20-foot wide unobstructed view corridor. No projections, connections, or mechanical equipment may be placed in the view corridor. 26 4.J.a
Packet Pg. 217 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) c. Maximum Allowable Density. For parcels 4,000 square feet or more, the maximum unit density shall be one dwelling unit for each 1,500 square feet of parcel area. For parcels less than 4,000 square feet that existed on September 8, 1988, or parcels 40 feet or less in width, one dwelling unit may be permitted, except that more units may be otherwise permitted in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located. d. Maximum Floor Area Ratio. 1.5 base standard.
e. Front Setback. The minimum required front setback shall be either 20 feet or shall comply with the minimum front setback for the district as set forth in the Official Districting Map, whichever area is greater. At least 30% of the building elevation above 14 feet in height shall provide an additional 5-foot average stepback from the minimum required front setback.
f. Beach Rear Setback. 15 feet for parcels 100 feet or less in depth and 55 feet for parcels over 100 feet in depth. Notwithstanding the foregoing, setbacks shall be 4 feet for:
i. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new 27 4.J.a
Packet Pg. 218 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) dwelling unit (excluding ADUs).
g. Side Setback. The minimum required side setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x parcel width)
50′
At least 25% of the side elevation above 14 feet in height shall provide an additional 4-foot average stepback from the minimum required side setback. Notwithstanding the foregoing, setbacks shall be 4 feet for:
i. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).
h. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement. i. View Corridor. A structure with 70 linear feet or more of frontage parallel to Pacific Coast Highway shall provide an unobstructed view corridor between Pacific Coast Highway and the ocean. The view corridor shall be a 28 4.J.a
Packet Pg. 219 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) minimum of 20 feet in width and 40 feet in height measured from the property line parallel to the Pacific Coast Highway.
j. Parking. Uncovered parking may be located in the front half of the parcel and within the minimum required front setback.
k. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.
l. Projections into Beach Rear Setback. For parcels 100 feet or less in depth, balconies, decks, porches, and similar structures that are open and unenclosed on at least 2 sides shall be allowed to extend to the rear property line in the beach rear setback but not within the minimum side setbacks.

2. For Multi-Unit Residential District parcels bounded by Neilson Way to the east, Ocean Park Boulevard to the south, Barnard Way to the west, and up to and including the parcels on the north side of Wadsworth Avenue to the north, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: Single-Unit Dwelling; Duplex on any legal parcel that existed on August 31, 1975; Accessory Dwelling Unit; Junior Accessory 29 4.J.a
Packet Pg. 220 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Dwelling Unit; Employee Housing; Family Day Care, Small; Family Day Care, Large; Residential Care, Limited; Hospice, Limited; Supportive Housing, Transitional Housing; Parks and Recreation Facilities, Public. ii. Uses Subject to Minor Use Permits: One-story accessory buildings up to 14 feet in height on parcels having a minimum area of 10,000 square feet, exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units; Residential Care, General; Hospice, General.
iii. Conditionally Permitted Uses: One-story accessory buildings over 14 feet in height or two-story accessory buildings up to a maximum of 24 feet, exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units. b. Maximum Building Height. 23 feet for a flat roof or 30 feet for a pitched roof. A “pitched roof” is defined as a roof with at least 2 sides having no less than one foot of vertical rise for every 3 feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. c. Maximum Allowable Density. A minimum of one unit per 1,500 square feet of parcel area. However, one duplex shall be permitted on any legal parcel that existed on August 31, 1975. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located. d. Maximum Floor Area Ratio. 1.2 base standard. For projects with a base density consisting of 8 to 10 units, an increase in floor area shall be permitted as necessary to ensure a Floor Area Ratio of 1.25.
30 4.J.a
Packet Pg. 221 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) e. Minimum Parcel Size. 3,000 square feet. Each parcel shall have a minimum depth of 100 feet and a minimum width of 30 feet, except that parcels already developed and existing on September 8, 1988, shall not be subject to this requirement.
f. Front Setback. 10 feet.
g. Rear Setback. 15 feet, or 4 feet for:
i. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).
h. Side Setback. The minimum required side setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x parcel width)
50′
Notwithstanding the foregoing, setbacks shall be 4 feet for:
i. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new 31 4.J.a
Packet Pg. 222 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) dwelling unit (excluding ADUs).
i. Front Setback Paving. No more than 50% of the area of the required front setback, including driveways, shall be paved.
j. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.
k. Design Review. Pursuant to Section 9.55.170, Architectural Review District Boundaries, all projects are subject to design review subject to Chapter

9.55, Architectural Review.

3. For Multi-Unit Residential District parcels bounded by Appian Way to the east, Vicente Terrace to the south, Ocean Front Walk to the west, and Seaside Terrace to the north, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: Single-Unit Dwelling; Multiple-Unit Dwelling; Duplex; Senior Citizen Multiple-Unit Dwelling; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Employee Housing; Single-Room Occupancy Housing; Congregate Housing; Senior Group Residential; Family Day Care, 32 4.J.a
Packet Pg. 223 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Large; Family Day Care, Small; Residential Care, Limited; Supportive Housing; Transitional Housing; Hospice, Limited; One-Story Accessory Building and Structures up to 14 feet in height; Parking and Recreation Facilities, Public. ii. Uses Subject to Minor Use Permits: One-Story Accessory Living Quarters up to 14 feet in height on parcels having a minimum area of 10,000 square feet; Residential Care, General; Hospice, General; Group Residential. iii. Conditionally Permitted Uses: Bed and Breakfast; Adult Day Care; Community Assembly; Emergency Shelter; One-Story Accessory Buildings over 14 feet in height or Two-Story Accessory Buildings up to a maximum of 24 feet; Offices and Meeting Rooms for Charitable, Youth, and Welfare Organizations; Schools, Public and Private; Convenience Market; Underground Parking Structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the NC District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. b. Maximum Building Height. 30 feet.
c. Maximum Allowable Density. For projects on parcels of 4,000 square feet or more, one dwelling unit for each 1,250 square feet of parcel area shall be permitted. For parcels less than 4,000 square feet, one dwelling unit may be permitted if a single-unit dwelling existed on the parcel on September 8, 1988, 33 4.J.a
Packet Pg. 224 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) except that more units may be otherwise permitted in accordance with Section

9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential.

Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
d. Maximum Floor Area Ratio. 1.0 base standard. For projects with a base density consisting of 8 to 10 units, an increase in floor area shall be permitted as necessary to ensure a Floor Area Ratio of 1.25.
e. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement. f. Front Setback. The minimum required front setback shall be either 20 feet, or shall comply with the minimum front setback for the district as set forth in the Official Districting Map, whichever area is greater. g. Rear Setback. 15 feet, or 4 feet for:
i. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).
34 4.J.a
Packet Pg. 225 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) h. Side Setback. The minimum required side setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x parcel width)
50′
Notwithstanding the foregoing, setbacks shall be 4 feet for:
i. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).
i. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.
j. Upper-Level Stepback Requirements.
i. Additional Front Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above 14 feet exceeding 75% of the maximum buildable front elevation shall 35 4.J.a
Packet Pg. 226 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) be stepped back from the front setback line an additional average amount equal to 4% of parcel depth, but in no case resulting in a requirement stepback greater than 10 feet. As used in this Section, “maximum buildable elevation” shall mean the maximum potential length of the elevation permitted under these regulations, which includes parcel width or length (as applicable), minus required minimum setbacks.
ii. Additional Side Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above 14 feet exceeding 50% of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to 6% of parcel width, but in no case resulting in a required stepback greater than 10 feet.
iii. The upper-level stepback requirements may be modified subject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental to the property, adjoining properties, or the general area in which the property is located, and the objectives of the stepback requirements are satisfied by the provision of alternative stepbacks or other features which reduce effective mass to a degree comparable to the relevant standard requirement.

B. Additional Stepback at Upper Stories. In addition to the maximum building heights above, projects shall be subject to the following standards:

1. R2 District. No portion of the building volume above 23 feet shall encroach into a daylight plane starting at 23 feet above the front setback line and sloping upward 36 4.J.a
Packet Pg. 227 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) at a 45-degree angle toward the rear of the parcel. The 23-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

2. R3 District. No portion of the building volume above 35 feet shall encroach into a daylight plane starting at 35 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 35-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

3. R4 District. No portion of the building volume above 40 feet shall encroach into a daylight plane starting at 40 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 40-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

4. The covered portion of all stories above the second story in any multi-unit structure shall be set back an average of 10 feet from the second floor front façade.

C. Front and Side Setbacks.

1. The front setback on Arcadia Terrace and Seaview Terrace shall be 30 feet measured from the center line of the walkway.

2. In the R2, R3, and R4 Districts, the street side setback shall be at least 15% of the parcel width but no less than 6 feet and is not required to exceed 10 feet.

Notwithstanding the foregoing, setbacks shall be 4 feet for:
i. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of 37 4.J.a
Packet Pg. 228 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).

3. Where a corner parcel in an R2, R3, or R4 District abuts a parcel in an R1 District, the street side setback shall be at least half of the required front setback in the adjacent R1 District. Notwithstanding the foregoing, setbacks shall be 4 feet for:
i. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit (excluding ADUs).

D. Transition Requirements Adjacent to R1 District. Where an R2, R3, or R4 District adjoins an R1 District, the following standards apply:

1. The building setback from an R1 District boundary shall be 10 feet for interior side setbacks and 20 feet for rear setbacks. Notwithstanding the foregoing, setbacks shall be 4 feet for:
i. Ownership projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) meet the requirements of Government Code Section 66499.41; and
ii. Rental projects that: (1) were deemed complete on or after July 1, 2024; (2) contain 10 or fewer units; and (3) result in at least one new dwelling unit 38 4.J.a
Packet Pg. 229 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) (excluding ADUs).

E. Special Project Design and Development Standards. The new construction of or new addition to a principal building shall comply with the following standards:

1. Street-facing pedestrian entries shall not be located below grade, and any excavation to access the entry shall be prohibited.

2. An additional 5-foot stepback beyond the minimum front setback set forth in Section 9.08.030 is required for at least 25% of the width of the front façade.

This stepback shall be fully integrated into the building through balconies, decks, or other elements that articulate the front of the building.

3. All required setbacks and stepbacks set forth in Section 9.08.030 shall be open to the sky except for permitted architectural projections contained in Section 9.21.110.

4. An additional 2-foot average side stepback from the minimum side setback requirement set forth in Section 9.08.030 shall be provided at each story.

Stepback areas greater than 5 feet in depth from the minimum side setback, or the area used to comply with the additional stepback requirements of this Section, shall not be used to satisfy compliance with this requirement.

5. The allocation of allowable parcel coverage area shall be distributed to provide clear delineation between individual units through: changes in wall plane, in plan or section; use of additional stepbacks; use of decks or balconies; or other architectural and spatial manipulation. A change in plane to differentiate individual units shall be a minimum of 12 inches. However, more than one but no 39 4.J.a
Packet Pg. 230 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) more than 3 units may be grouped together for the purpose of providing a shared entry, balcony or other common exterior space.

F. Courtyards. Parcels having a width greater than 99 feet and located in the R2, R3, or R4 District shall provide a courtyard on the lot. Courtyards shall comply with the following design criteria:

1. Courtyards shall be no less than 10% of the total lot area and in no case less than 1,000 square feet with a minimum width and length of 18 feet measured parallel to the front and side parcel lines. Required setback area shall not count toward the minimum width and length or 1,000 square foot requirement.

2. Courtyards shall be open to the sky, but may include permitted projections set forth in Section 9.21.110 for side setback projections. If mechanical or utility equipment is placed in the courtyard, it shall be screened visually and acoustically and shall not encroach into the minimum courtyard area.

3. A minimum of 50% of the courtyard’s perimeter shall be enclosed by a building.

4. Courtyards shall be visible and accessible from the sidewalk and each ground floor unit. Courtyards shall be visible from the street with a minimum 10-foot wide opening that is open to the sky. For openings less than 18 feet in width into courtyards, the depth of the opening shall not exceed twice the width of the opening.

5. At least 50% of courtyard areas shall be planted pursuant to Sections

9.26.060 and 9.26.070. Planting shall be at grade or in finished planters not exceeding 18 inches above finished grade. At least one canopy tree in a tree well providing a minimum soil volume pursuant to Section 9.26.050(A)(3) shall be planted in all courtyards. 40 4.J.a
Packet Pg. 231 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

6. The majority of primary entrances to all ground floor units shall be accessed from the street frontage or courtyard.

G. Planting Areas. The following areas shall be landscaped and may count toward the total area of site landscaping required by Table 9.08.030.

1. Setback Areas Adjacent to Streets. All visible portions of a required setback area adjacent to a street that are not used for driveways or walks shall be dedicated for planting areas or landscaping. Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required planting or landscape area.

2. Interior Side Setback Areas. Subject to applicable fire and safety limitations, at least 50% of each required setback area shall be planting area, except that for parcels less than 50 feet in width, 50% of any one interior side setback area shall be planted.

3. Adjacent to R1 Districts. Subject to applicable fire and safety limitations, a continuous planting area having a minimum width of 50% of the required setback dimension shall be provided along the interior parcel lines when an R2, R3, or R4 District is adjacent to an R1 District.
41 4.J.a
Packet Pg. 232 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) CHAPTER 9.09 OCEAN PARK NEIGHBORHOOD DISTRICTS

9.09.030 Development Standards
Table 9.09.030 prescribes development standards for Ocean Park Neighborhood Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Parcel and Density Standards
Minimum Parcel Size (sq. ft.) 4,000 5,000 5,000 5,000 5,000 Maximum Parcel Size (sq. ft.) See

9.21.030(B)
See

9.21.030(B)
See

9.21.030(B)
See

9.21.030(B)
See

9.21.030(B)
Minimum Parcel Width (ft.) 25 50 50 50 50
Minimum Parcel Depth (ft.) 80 100 100 100 100
Maximum Allowable Density 1 unit per
parcel
2 units per
parcel
1 unit per
2,000 sq.
ft. of
parcel
area
1 unit per
1,500 sq.
ft. of
parcel
area
1 unit per
1,250 sq. ft.
of parcel
area
See (A)
For OP1, a duplex shall be
permitted as provided in
Section 9.31.125, Duplexes
and Lot Splits on Parcels
Zoned For Single-Unit
Residential.

For projects eligible for
density bonus, see Section

9.22.050(C), Calculating
Base Density
Building Form and Location
Maximum Number of Stories
Base Standard 2 2 2 See (B) 2 3
100% Affordable Housing
Projects 2 No limit to stories
No limit
to stories
No limit
to stories
No limit to
stories
Maximum Building Height (ft.) Section 9.04.050,
Measuring Height
Base Standard—Flat Roofs;
Roofs Pitched Less Than 1:3 20 23 23 See (B) 23 35
Pitched Roofs 27 30 30 See
(B) 30 35
The walls of the building
may not exceed the
maximum height required
for a flat roof
42 4.J.a
Packet Pg. 233 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Maximum FAR
Section 9.04.100,
Determining Floor Area
Ratio in Residential
Zoning Districts
Base Standard 1.0 1.0 1.0 1.0 1.5

1.1 for parcels less than 35
ft. in width in OP1
For projects with a base
density consisting of 8 to 10
units, an increase in floor
area shall be permitted as
necessary to ensure an FAR
of 1.25
100% Affordable Housing
Projects 1.2 1.2 1.2 1.2 1.6
Minimum Setbacks (ft.)
Front
15 [10, if
average of
adjacent
dwelling(s)
is 10 ft. or
less]
30 measured
from the
centerline of
the
walkway
20 [15, if
average of
adjacent
dwelling(s)
is 15 ft. or
less]
20 [15, if
average of
adjacent
dwelling(s)
is 15 ft. or
less]
15 [10, if
average of
adjacent
dwelling(s) is
10 ft. or less]
Except for OPD, a onestory covered or uncovered
porch open on 3 sides may
encroach 6 ft. into the
required front setback if the
roof does not exceed a
height of 14 ft. and the
porch width does not
exceed 40% of the building
width at the front of the
building
Side—Blank walls and walls
containing secondary
windows on parcels less than
50 ft. in width
Greater of 4 ft. or 10% of parcel width
3 ft. for parcels less than 35
ft. in width in OP1
•Setbacks shall be 4 feet
for ownership projects
that: (1) were deemed
complete on or after July
1, 2024; (2) contain 10 or
fewer units; and (3) meet
the requirements of
Government Code Section
66499.41.
•Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
(excluding ADUs).
43 4.J.a
Packet Pg. 234 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Side—Blank walls and walls
containing secondary
windows on parcels 50 ft. or
more in width
See formula in (C)
•Setbacks shall be 4 feet
for ownership projects
that: (1) were deemed
complete on or after July
1, 2024; (2) contain 10 or
fewer units; and (3) meet
the requirements of
Government Code Section
66499.41.
•Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
(excluding ADUs).

Side—Walls containing
primary windows on parcels
less than 50 ft. in width
8 ft. setback from property line. 12 ft. of separation must be maintained between primary window and any
adjacent structures
3 ft. for parcels less than 35
ft. in width in OP1
•Setbacks shall be 4 feet
for ownership projects
that: (1) were deemed
complete on or after July
1, 2024; (2) contain 10 or
fewer units; and (3) meet
the requirements of
Government Code Section
66499.41.
•Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
(excluding ADUs).
44 4.J.a
Packet Pg. 235 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Side—Walls containing
primary windows on parcels
50 ft. or more in width
12 ft. See (C)
•Setbacks shall be 4 feet
for ownership projects
that: (1) were deemed
complete on or after July
1, 2024; (2) contain 10 or
fewer units; and (3) meet
the requirements of
Government Code Section
66499.41.
•Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
(excluding ADUs).

Street Side—Parcels less than
50 ft. in width
Greater
of 4 ft. or
10% of
parcel
width
See formula in (C)
3 ft. for parcels less than 35
ft. in width in OP1
•Setbacks shall be 4 feet
for ownership projects
that: (1) were deemed
complete on or after July
1, 2024; (2) contain 10 or
fewer units; and (3) meet
the requirements of
Government Code Section
66499.41.
•Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
(excluding ADUs).
45 4.J.a
Packet Pg. 236 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Street Side—Parcels 50 ft. or
more in width See (C) 10 ft. See (C)
•Setbacks shall be 4 feet
for ownership projects
that: (1) were deemed
complete on or after July
1, 2024; (2) contain 10 or
fewer units; and (3) meet
the requirements of
Government Code Section
66499.41.
•Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
(excluding ADUs).

Rear 10 15 15 15 15
•Setbacks shall be 4 feet
for ownership projects
that: (1) were deemed
complete on or after July
1, 2024; (2) contain 10 or
fewer units; and (3) meet
the requirements of
Government Code Section
66499.41.
•Setbacks shall be 4 feet
for rental projects that: (1)
were deemed complete on
or after July 1, 2024; (2)
contain 10 or fewer units;
and (3) result in at least
one new dwelling unit
(excluding ADUs).

Parking
See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards
Minimum Spacing between
Buildings (ft.) – Buildings facing
each other on the same lot
– See (D) See (D) See (D) See (D)
Transition Requirements
Adjacent to OP1 or OPD
Districts
– – See (F) See (F) See (F)
Open Space & Landscaping
Minimum Outdoor Living Area
(sq. ft.) per Dwelling Unit
Section 9.21.090, Outdoor
Living Area
Private NA 60 60 60 60 Required only of projects
with 2 or more units
Total (including private and
common) NA 150 150 150 100 Required only of projects with 2 or more units 46 4.J.a
Packet Pg. 237 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Minimum Planting Area (% of
parcel area) 25 25 25 25 20
See (G), Chapter 9.26,
Landscaping. Required only
of projects with 2 or more
units
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Duplexes and Lot Splits on
Parcels Zoned for Single-Unit
Residential
Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Section 9.09.030(G), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community
Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required
Setbacks
Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling Screening
and Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Maximum Density. The following additional rules apply to the maximum residential density:

1. Calculation of Units—Remainder Parcel Area. An additional unit is allowed on a parcel if, after calculating the allowed number of units based on the minimum required parcel area per unit stated in Table 9.09.030 for the respective district, the excess parcel area equals or exceeds the following:
47 4.J.a
Packet Pg. 238 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) a. 1,000 square feet in OP2.
b. 750 square feet in OP3.
c. 625 square feet in OP4.

2. Parcels Less Than 4,000 Square Feet. No more than one dwelling unit shall be permitted on a parcel 4,000 square feet or less in area, except that more units may be otherwise permitted in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential.

3. Parcels over 10,000 Square Feet—OP2 District. In the OP2 District, the maximum density on parcels that have an area of 10,000 square feet or more or a combined street frontage of 100 feet or more shall be one dwelling unit for each 2,500 square feet of combined lot area, except where 100% of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each 2,000 square feet of parcel area.

4. Parcels over 15,000 Square Feet—OP3 District. In the OP3 District, the maximum density on parcels that have an area of 15,000 square feet or more or exceed a combined street frontage of 150 feet shall be one dwelling unit for each 2,000 square feet (OP3) of combined parcel area, except where 100% of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each 1,500 square feet of parcel area.

5. Accessory Dwelling Units and Junior Accessory Dwelling Units.

Notwithstanding anything to the contrary in this subsection (A), accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall 48 4.J.a
Packet Pg. 239 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.

B. Maximum Height on Sloped Parcels—OP2 District. In the OP2 District, on upslope parcel where the change in elevation is 10 feet or greater from the finished surface of the sidewalk adjacent to the property line to the required rear setback line, the maximum allowable height for structures is:

1. One story and 14 feet in height for the first 15 feet of horizontal distance on the parcel measured from the front parcel line.

2. 2 stories and 18 feet for a flat roof or 23 feet for a pitched roof for that portion of the structure located between 15.1 feet and 30 feet from the front parcel line.

3. The maximum permitted height for structures beyond 30 feet from the front parcel line shall be 2 stories and 23 feet for a flat roof or 30 feet for structures with a pitched roof.

4. The finished grade shall be no more than 3 feet below or above the theoretical grade line at any point adjacent to a building if excavation occurs. An opening to a garage may remain unexcavated.

C. Front and Side Setbacks.

1. The front setback on Copeland Court shall be 30 feet measured from the center line of the walkway.

2. The following formula shall be used to determine the required side setback for blank walls and walls containing secondary windows. In the OP1 District, this formula shall also be used to determine the required street side setback on lot parcels 50 feet or more in width. In the OP2, OP3, and OP4 districts, it shall be used to determine the 49 4.J.a
Packet Pg. 240 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) required street side setback on parcels less than 50 feet in width. The setback is calculated as follows:

Setback (ft.) = 5′ + (stories x parcel width)
50′

3. Within the required side setback area for corner parcels 50 feet or greater in width, covered or uncovered stairways or porches not exceeding 35% of the building frontage on the street side may encroach up to 5 feet into the required side setback.

4. Within the required side or street side setback area for parcels 50 feet or greater in width, the second floor side setback above a primary window shall not project more than 2 feet into the required side setback.

D. Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances:

1. 15 feet if one building has primary windows facing the other.

2. 25 feet when the windows of primary spaces in both buildings face each other on the ground or second level, except 15 feet when they are visually separated by a solid wall or opaque fence over 5 feet 6 inches in height.

3. 10 feet when secondary windows face each other or when a secondary window faces a blank wall.

E. Roof Decks. The handrail surrounding a roof deck shall be set back a minimum of three feet from the edge of the building at the side and rear façades.

F. Transition Requirements Adjacent to OP1 or OPD District. Where an OP2, OP3 or OP4 District adjoins an OP1 or OPD District, the following standards apply:
50 4.J.a
Packet Pg. 241 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

1. The maximum height within 25 feet of an OP1 or OPD District is 23 feet for a building with a flat roof and 27 feet for a building with a pitched roof.

2. The building setback from an OP1 or OPD District boundary shall be 10 feet for interior side setbacks and 20 feet for rear setbacks.

3. A landscaped planting area, a minimum of 5 feet in width, shall be provided along all OP1 or OPD District boundaries. A tree screen shall be planted in this area with trees planted at a minimum interval of 15 feet.

FIGURE 9.09.030.F: TRANSITION REQUIREMENTS ADJACENT TO OP1 OR OPD DISTRICT—OCEAN PARK

NEIGHBORHOOD DISTRICT
G. Planting Areas. The following areas shall be landscaped, and may count toward the total area of site landscaping required by Table 9.09.030.

1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall be planting area or landscape. Recreational vehicles, utility trailers, un-mounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required planting or landscape area.
51 4.J.a
Packet Pg. 242 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

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

3. Adjoining OP1 and OPD Districts. A continuous planting area having a minimum width of 5 feet shall be provided along interior parcel lines when an OP2, OP3, or OP4 District adjoins an OP1 or OPD District.
52 4.J.a
Packet Pg. 243 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) CHAPTER 9.10 DOWNTOWN DISTRICTS
Section 9.10.040 Land Use Regulations
Table 9.10.040 prescribes the land use regulations for Downtown Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.
53 4.J.a
Packet Pg. 244 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Junior Accessory Dwelling
Unit P P P P P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Multiple-Unit Dwelling P P L(1) L(1) P P P
Section 9.31.195,
Multiple-Unit
Dwelling Projects
Senior Citizen MultipleUnit Dwelling P P L(1) L(1) P P P Section 9.31.195,
Multiple-Unit
Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP
Section 9.31.110,
Congregate
Housing
Elderly and Long-Term Care P L(3) L(1) L(1) L(1) L(1) L(1) Emergency Shelters L(6)/CUP L(6)/
CUP CUP/L(1) L(1), L(6)/CUP
L(6)/C
UP
L(6)/
CUP
L(6)/
CUP
Section 9.31.130,
Emergency
Shelters
Family Day Care See sub-classifications below.

Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.140,
Family Day Care,
Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Group Residential MUP MUP,
L(3) MUP, L(1) MUP, L(1) MUP MUP MUP Section 9.31.155, Group Residential Senior Group Residential P L(3) P P P P P Section 9.31.155, Group Residential
Low Barrier Navigation
Centers P P P P P P P
Section 9.31.175,
Low Barrier
Navigation
Centers
Residential Facilities See sub-classifications below.

Residential Care, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P P L(1) L(1) P P P
Residential Care, Senior P L(9) L(1) L(1) P L(9) L(9)
Hospice, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care
Facilities Hospice, Limited P P L(1) L(1) P P P
Single-Room Occupancy
Housing L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.330,
Single Room
Occupancy
Structures
Supportive Housing P P L(1) L(1) P P P
Transitional Housing P P L(1) L(1) P P P
Public and Semi-Public Uses
54 4.J.a
Packet Pg. 245 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Child Care and Early
Education Facilities P P P P P P P
Section 9.31.120,
Child Care and
Early Education
Facilities
Colleges and Trade Schools,
Public or Private CUP L(1) L(1) L(1) L(1) L(1) L(1)
Community Assembly L(7)/CUP CUP L(15) P CUP L(1) L(7)/
CUP
Section 9.31.100,
Community
Assembly
Community Gardens P P - P P P P
Cultural Facilities P P P P P P P
Hospitals and Clinics P P L(1) L(1) P - P
Community Clinic L(29) L(29) L(29) L(29) L(29) L(29) L(29) Park and Recreation Facilities,
Public P P P P P P P
Public Safety Facilities P P P P P P P
Schools, Public or Private CUP L(3) L(1) P P - CUP
Social Service Centers P P - P P P P
Section 9.31.350,
Social Service
Centers
Commercial Uses
Animal Care, Sales, and
Services See sub-classifications below.

Grooming and Pet Stores L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
No more than 10
dogs or cats can
be kept overnight
Pet Day Care Services MUP MUP - MUP MUP MUP MUP
Veterinary Services MUP MUP - MUP MUP - MUP
Automobile/Vehicle Sales and
Service See sub-classifications below.

Alternative Fuels and
Recharging Facilities
CUP/
L(19)
CUP/
L(19) - - CUP/ L(19) - -
Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10) Section 9.31.050,
Automobile
Rental
Automobile Storage Use - - - - - - -
Section 9.31.070
Automobile/Vehi
cle Sales,
Leasing, and
Storage
New Automobile/Vehicle
Sales and Leasing
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/CUP
L(8),
L(5)/C
UP
- -
Additions 7,500 sq ft or
less to Automobile/
Vehicle Sales and
Leasing buildings
existing as of 7/06/2010
L(20)/
MUP
- - - - - -
Additions larger than
7,500 sq ft to
Automobile/Vehicle Sales
and Leasing buildings
existing as of 7/06/2010
L(20)/
CUP
- - - - - -
Automobile/Vehicle Repair,
Major
L(19) - - - - - - Section 9.31.060,
Automobile/Vehi
cle Repair, Major
and Minor
Automobile/Vehicle Service
and Repair, Minor
L(19) - - - - - -
Automobile/Vehicle
Washing
L(19) - - - - - - Section 9.31.080,
Automobile/Vehi
55 4.J.a
Packet Pg. 246 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
cle Washing
Service Station L(19) L(19) - - L(19) - - Section 9.31.320, Service Stations
Towing and Impound - - - - - - -
Banks and Financial
Institutions
See sub-classifications below.

Banks and Credit Unions L(4)/CUP L(3),
L(5)/CUP
- - L(4)/
CUP
L(4)/
CUP
L(4)/
CUP
Check Cashing Businesses - - - - - - -
Business Services L(5)/CUP L(5)/CUP L(15) L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
Commercial Entertainment and
Recreation See sub-classifications below.

Cinemas & Theaters, up to
99 seats
- CUP P P P - -
Cinemas & Theaters, more
than 99 seats
- - P CUP CUP - -
Convention and Conference
Centers

CUP CUP P CUP CUP CUP CUP
Large-Scale Facility L(21)/
CUP
L(21)/
CUP
L(21)/CU
P
L(21)/ CUP L(21)/
CUP
L(21)/
CUP
-
Small-Scale Facility L(5)/CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/C UP
L(5)/
CUP
L(5)/
CUP
Section 9.31.340
Small Scale
Facility
Fortunetelling P P P P P P P
Eating and Drinking
Establishments See sub-classifications below.

Bars/Nightclubs/Lounges CUP CUP CUP CUP CUP CUP(1
0)
- Section 9.31.040,
Alcoholic
Beverage Sales
Restaurants, Full-Service,
Limited Service & Take-Out
(2,500 sq ft and smaller,
including Outdoor Dining
and Seating)
P P L(22) P P P P Section 9.31.040,
Alcoholic
Beverage Sales
Section 9.31.280,
Restaurants,
Limited Service,
and Take-Out
Only
Section 9.31.200,
Outdoor Dining
and Seating
Section 9.31.290,
Restaurants with
Entertainment
Restaurants, Full-Service,
Limited Service & Take-Out
(2,501 – 5,000 sq ft,
including Outdoor Dining
and Seating)
P P L(22) P P P P
Restaurants, Full-Service,
Limited Service & Take-Out
(greater than 5,000 sq ft,
including Outdoor Dining
and Seating)
CUP P L(22) P P P CUP
Food Hall (up to 175 seats) CUP CUP P CUP CUP CUP CUP
Equipment Rental - - - - L(5)/C
UP
- -
Food and Beverage Sales See sub-classifications below.

Convenience Market CUP L(5)/CUP L(5)/CUP L(5)/CUP L(5)/C UP
L(5)/
CUP
- Section 9.31.040,
Alcoholic
Beverage Sales
Farmer’s Market CUP P P P P P P
General Market L(12)/ L(12)/ L(12)/ L(12)/ CUP L(12)/ L(12)/ L(12) Section 9.31.040, 56 4.J.a
Packet Pg. 247 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
CUP CUP CUP CUP CUP / CUP Alcoholic
Liquor Stores CUP CUP P CUP CUP CUP Beverage Sales -
Funeral Parlors and Mortuaries CUP - - - - - -
Instructional Services L(5)/CUP L(3),
L(5)/CUP
L(1),
L(5)/CUP
L(5)/CUP L(5)/C
UP
L(1),
L(5)/
CUP
L(1),
L(5)/
CUP
Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(1
3)
L(13) Section 9.31.170,
Live-Work Units
Lodging See sub-classifications below.

Bed and Breakfast MUP MUP P MUP MUP MUP MUP Section 9.31.090, Bed and
Breakfasts
Hotels and Motels CUP CUP P CUP CUP CUP CUP,
L(19)
Maintenance and Repair
Services
L(5)/CUP - - - - - -
Nurseries and Garden Centers L(5)/CUP L(5)/CUP - L(5)/CUP L(5)/C UP
- L(5)/
CUP
Section 9.31.220,
Outdoor Retail
Display and Sales
Offices See sub-classifications below.

Business and Professional L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Creative L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Medical and Dental L(14)/
CUP
L(3),
L(5)/CUP
P L(1) L(3),
L(5)/C
UP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(5)/CUP L(3),
L(5)/C
UP
L(5)/
CUP
L(5)/
CUP
Outdoor Newsstands MUP MUP MUP MUP MUP MUP MUP Section 9.31.210, Outdoor
Newsstands
Parking, Public or Private CUP CUP - CUP CUP,
L(11)
- CUP
Personal Services See sub-classifications below.

General Personal Services L(5)/CUP L(5)/CUP P L(5)/CUP L(5)/C UP
- L(5)/
CUP
Section 9.31.230,
Personal Service
Physical Training L(17),
L(5)/CUP
L(17),
L(5)/CUP
L(17),
L(21)/CU
P
L(17),
L(5)/CUP
L(17),
L(5)/C
UP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body Modification
Parlor
P P P P P P P Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales
and Services

P - - - - - -
Section 9.31.220,
Outdoor Retail
Display and Sales
General Retail Sales, SmallScaleL(5)/CUP L(5)/CUP P L(5)/CUP L(5)/ CUP
L(5)/
CUP
L(5)/
CUP
General Retail Sales,
Medium-Scale

CUP CUP P CUP CUP - CUP
General Retail Sales, LargeScale- - - - - - -
Medical Marijuana
Dispensaries
CUP - - - - - - Section 9.31.185,
Medical
57 4.J.a
Packet Pg. 248 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Marijuana
Dispensaries
Pawn Shops - - - - - - -
Swap Meets - - - - - - -
Industrial Uses
Artist’s Studio P P L(2) L(1) P P P
Commercial Kitchens - - - CUP - -
Industry, Limited - - L(2),
L(23)
- - - -
Media Production See sub-classifications below.

Support Facilities L(14)/
CUP
L(3),
L(5)/CUP
L(1) L(1) L(3),
L(5)/C
UP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P P - P
City Bike Share Facility P P P P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission
Towers
- - - - - - -
Equipment within Buildings - - - - - - -
Light Fleet-Based Services - - - - MUP - -
Utilities, Major L(18) - - - - - -
Utilities, Minor P P P P P P P
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space shall be located at least 25 feet from the front property line, except for residential units shall be limited to upper floors only. (2) A minimum depth of 25 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, exhibitions, displays, demonstrations, or instruction. (3) Between 4th and 7th Court, permitted in mid-block parcels on the ground floor and upper floors. On all other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space including the primary entry is located at least 50 feet from the front property line.
(4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage without a Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted in new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit. (b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations. (6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(7) Any community assembly facility abutting a residential district shall require approval of a Conditional Use Permit. (8) Limited to automobile/vehicle dealer showrooms only which must display one alternative fuel automobile/vehicle if such an automobile/vehicle is available in the dealer’s fleet, and limited to six showrooms in the Third Street Promenade Area. (9) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents shall be subject to L(1) if located in the OT and WT zoning districts and L(3) if located in the NV zoning district. (10) Permitted as an ancillary use to support a primary use. (11) Limited to public parking facilities only.
(12) General markets greater than 15,000 square feet require approval of a Conditional Use Permit, except general markets in the Mixed-Use Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit. (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. 58 4.J.a
Packet Pg. 249 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC (Third
Street
Promenade
Area)
BC
(Excluding
Third
Street
Promenade
Area) TA OT WT
Additional
Regulations
Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from users that generate airborne particulates in a unit with an unenclosed kitchen. (14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit. (b) No ground floor, street-fronting, non-office or non-media production support facility use, non-medical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or dental office use occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage without the approval of a Conditional Use Permit. (15) Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to upper floors. (16) Limited to public parking facilities only.
(17) Youth-serving personal services, physical training requires review and approval of passenger loading and drop-off plan by the Director.
(18) Limited to electric distribution substations.
(19) Limited to legally established existing uses as of the date this Specific Plan is effective. (20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership format standards shall require an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the urban auto dealership formal standards shall require a CUP. (21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade and the following characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the establishment is deemed complete by the City; and
(b) Characteristics, including but not limited to, orders placed at a walk-up window, counter, or machine; payment prior to food consumption; and food served with disposable, one-time, or limited-use wrapping, containers, or utensils. (23) Excludes commercial laundries and dry cleaning plants, monument works, medicinal cannabis, and medicinal cannabis products.
(24) Reserved
(25) Reserved
(26) Reserved
(27) Reserved
(28) Reserved
(29) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met. 59 4.J.a
Packet Pg. 250 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) CHAPTER 9.11 MIXED-USE AND COMMERCIAL DISTRICTS

9.11.020 Land Use Regulations
Table 9.11.020 prescribes the land use regulations for Mixed-Use and Commercial Districts. The regulations for each district are established by letter designations below.

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

Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.
60 4.J.a
Packet Pg. 251 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P L(1) Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P L(1) Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Uses
Congregate Housing P P P P Section 9.31.110, Congregate Housing
Elderly and Long-Term Care P P P –
Emergency Shelters L(3)/CUP L(3)/CUP L(3)/CUP L(3)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

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

Residential Care, General P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P P P Section 9.31.270, Residential Care Facilities
Hospice, General P P P P Section 9.31.270, Residential
Care Facilities
Hospice, Limited P P P P Section 9.31.270, Residential
Care Facilities
Single-Room Occupancy Housing P P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P P L(2)/CUP
Child Care and Early Education Facilities P P P L(2)/CUP Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private CUP CUP P CUP Community Assembly L(18)/CUP L(18)/CUP L(18)/CUP L(18)/CUP Section 9.31.100, Community Assembly
Community Gardens P P P P
Cultural Facilities P P P L(2)/CUP
Hospitals and Clinics – P CUP –
61 4.J.a
Packet Pg. 252 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Community Clinic L(22) L(22) L(22) L(22)
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P P CUP
Schools, Public or Private P CUP CUP P
Social Service Centers P P P P Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

Grooming and Pet Stores L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP No more than 10 dogs or cats may be kept overnight
Pet Day Care Services MUP MUP MUP MUP
Veterinary Services MUP MUP MUP MUP
Automobile/Vehicle Sales and Service See sub-classifications below.

Alternative Fuels and Recharging
Facilities CUP CUP CUP CUP
Automobile Rental CUP MUP MUP – Section 9.31.050, Automobile Rental
Automobile Storage Use L(4)/CUP – – –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
New Automobile/Vehicle Sales and Leasing – – CUP(6) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions 7,500 square feet or less to
Automobile/Vehicle Sales and Leasing
buildings existing as of 07/06/2010
L(5)/MUP L(5)/MUP L(5)/MUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions larger than 7,500 square feet to
Automobile/
Vehicle Sales and Leasing buildings
existing as of 07/06/2010
CUP (5) CUP (5) CUP (5) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Automobile/Vehicle Repair, Major – – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Service and Repair,
Minor CUP – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Washing – – CUP – Section 9.31.080,
Automobile/Vehicle Washing
Service Station CUP CUP MUP – Section 9.31.320, Service Stations Towing and Impound – – CUP –
Banks and Financial Institutions See sub-classifications below.

Banks and Credit Unions L(2)/CUP L(2)/CUP L(2)/CUP L(2)/CUP Check Cashing Businesses – – – –
Business Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Commercial Entertainment and Recreation See sub-classifications below.

Cinemas L(7) – – L(7)
Theaters L(8)/CUP L(8)/CUP L(8)/CUP L(8)/CUP
Convention and Conference Centers – CUP CUP –
Large-Scale Facility CUP CUP CUP -
Small-Scale Facility L(9)/CUP L(9)/CUP L(9)/CUP CUP (16) Section 9.31.340, Small-Scale Facility, Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below. 62 4.J.a
Packet Pg. 253 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Bars/Nightclubs/Lounges CUP CUP CUP - Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Full-Service, Limited Service
& Take-Out (2,500 square feet and smaller,
including Outdoor Dining and Seating)

P P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out (2,501 – 5,000 square feet,
including Outdoor Dining and Seating)

P P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out (greater than 5,000 square
feet, including Outdoor Dining and
Seating)
CUP CUP CUP CUP (10)(11)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP CUP
Equipment Rental – L(19)/CUP L(19)/CUP –
Food and Beverage Sales See sub-classifications below.

Convenience Market CUP CUP CUP CUP Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets CUP CUP CUP CUP
General Market L(12)/CUP L(12)/CUP L(12)/CUP L(12)/CUP Section 9.31.040, Alcoholic Beverage Sales
Liquor Stores CUP CUP CUP CUP Section 9.31.040, Alcoholic Beverage Sales
Funeral Parlors and Mortuaries – CUP CUP –
Instructional Services L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Live-Work L(14) L(14) L(14) L(14) Section 9.31.170, Live-Work Lodging See sub-classifications below.

Bed and Breakfast MUP MUP MUP MUP Section 9.31.090, Bed and Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Nurseries and Garden Centers L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Section 9.31.220, Outdoor Retail Display and Sales
Offices See sub-classifications below.

Business and Professional L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Creative L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Medical and Dental L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Walk-In Clientele L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, Outdoor 63 4.J.a
Packet Pg. 254 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Newsstands
Parking, Public or Private CUP CUP CUP CUP
Personal Services See sub-classifications below.

General Personal Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.230, Personal Service
Personal Services, Physical Training L(19)(20) L(19)(20) L(19)(20) L(2)(20)/CUP Tattoo or Body Modification Parlor P P P P Section 9.31.230, Personal Service
Retail Sales See sub-classifications below.

Building Materials Sales and Services – – CUP – Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Small-Scale L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP L(19)/CUP – Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Large-Scale – – CUP – Section 9.31.220, Outdoor Retail Display and Sales
Medical Marijuana Dispensaries CUP(15) CUP(15) CUP(15) – Section 9.31.185, Medical Marijuana Dispensaries
Pawn Shops – – – –
Swap Meets – – CUP – Section 9.31.360, Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens – – CUP –
Media Production See sub-classifications below.

Support Facilities L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission Towers – – CUP – Chapter 9.32, Personal Wireless Service Facilities
Equipment within Buildings – – P –
Light Fleet-Based Services – – CUP –
Utilities, Major – L(13) L(13) –
Utilities, Minor P P P P
Specific Limitations:
(1) Limited to the upper floors and areas not subject to the Active Use Requirement set forth in Section 9.11.030(A) for parcels located on Main Street, Montana Avenue, Pico Boulevard, and Ocean Park Boulevard. Permitted on all floors for all other parcels.
(2) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage; greater area and/or width requires approval of a Conditional Use Permit. (3) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(4) Limited to automobile storage use associated with existing automobile dealerships selling new vehicles; otherwise, requires Conditional Use Permit.
(5) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the Urban Auto Dealership Format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage are permitted. Expansions to existing dealerships that do not conform to the Urban Auto Dealership Format standards shall require a MUP or CUP.
(6) New auto dealerships may be allowed, subject to approval of a Conditional Use Permit, only on sites with frontage on Santa Monica Boulevard between Lincoln Boulevard and 20th Street on Lincoln Boulevard between Interstate 10 and Santa Monica Boulevard. In other locations, new automobile dealerships are not permitted. 64 4.J.a
Packet Pg. 255 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.11.020: LAND USE REGULATIONS MIXED-USE AND COMMERCIAL DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations (7) Limited to existing cinema buildings. New cinemas are not permitted. (8) Limited to theaters with 75 or fewer seats. Theaters with more than 75 seats require Conditional Use Permit. (9) Limited to exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) and arts instruction facilities. Other small-scale commercial recreation uses require approval of a Conditional Use Permit. (10) Limited to restaurants with 50 or fewer seats.
(11) Limited to 2 restaurants greater than 5,000 square feet per block along Main Street. A block is defined as both sides of Main Street and the adjacent sides of adjoining side streets. Portions of Main Street to be designated a “block” for the purpose of this Section are as follows:

Block 1: South City limits to Marine Street.

Block 2: Marine Street to Pier Avenue.

Block 3: Pier Avenue to Ashland Avenue.

Block 4: Ashland Avenue to Hill.

Block 5: Hill to Ocean Park Boulevard.

Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars permitted in this block).

Block 7: Hollister Avenue to Strand.

Block 8: Strand to Pacific.

Block 9: Pacific to Bicknell.

Block 10: Bicknell to Bay.

Block 11: Bay to Pico Boulevard.
(12) General markets greater than 15,000 square feet require a Conditional Use Permit. In the Neighborhood Commercial District, establishments shall not exceed 25,000 square feet of floor area. (13) Limited to electric distribution substations.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit.

An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen.
(15) Medical marijuana dispensaries are limited to the following locations:
• MUB District along Wilshire Boulevard between Lincoln Boulevard and Centinela Avenue; • GC District along Santa Monica Boulevard between Lincoln Boulevard and 20th Street; and • MUBL District along Santa Monica Boulevard between 23rd Street and Centinela Avenue. (16) Limited to facilities of no more than 3,000 square feet of floor area. (17) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space in the NC District shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. (18) Any community assembly facility abutting a residential district shall require a Conditional Use Permit. (19) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space in the MUBL, MUB, and GC Districts shall occupy more than 12,500 square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(20) Youth-serving personal services, physical training requires review and approval of a passenger loading and drop-off plan by the Director.
(21) Permitted if within buildings existing as of July 24, 2015, subject to the active use requirement set forth in Section

9.11.030(A)(1), except:
• All new construction, including new additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of this Ordinance, requires approval of a Conditional Use Permit. • In the NC District, ground floor, street-fronting, tenant space occupied by non-media production, support facility uses shall not be changed to an individual office use or media production, support facility use occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of street frontage without the approval of a Conditional Use Permit. • In the NC District, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental office use anywhere in an existing building occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. • In the MUBL, MUB, and GC Districts, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental office use anywhere in an existing building occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of ground floor street frontage without approval of a Conditional Use Permit. (22) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met. 65 4.J.a
Packet Pg. 256 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

9.11.030 Development Standards
Table 9.11.030.A, Development Standards for All Projects, Except Housing Projects, prescribes the development standards for all projects, except housing projects, as defined by Section 9.52.020.1125, in Mixed-Use and Commercial Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq.
ft.) 7,500 7,500 7,500 7,500 5,000 5,000 5,000
See (F),
Consolidation of
Parcels
Minimum Parcel Width (ft.) 50 50 50 50 50 50 50
Minimum Parcel Depth (ft.) 150 150 150 150 100 100 100
Maximum FAR
Section 9.04.090,
Determining Floor
Area Ratio in
Non-Residential
Zoning Districts
Tier 1 — Base Standard 1.25 1.25 1.0 1.25 1.25 0.75 0.75 Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP

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

1.75 (2.0 if
on-site
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
Tier 1 — Base Standard 2/32′ 2/32′ 2/32′ 2/32′ 2/32′ 2/27′ 2/32′ Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP
3/36′
3/39′ if
100%
residential
above
ground
floor, 3/35′
for all
other
projects
NA 3/36′ 2/32′ 2/27′ 2/32′
Chapter 9.64,
Affordable Housing
Production Program
66 4.J.a
Packet Pg. 257 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Tier 2 —With Provision of
Community Benefits 3/36′ 3/45′ 2/35′
3/32′
(3/36′ if
on-site
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Tier 2 —
With Provision of
Community Benefits and
100% Residential Above
the Ground Floor
No limit to
stories/36′
No limit to
stories/50′
No limit to
stories/35′
No limit to
stories/32′
(36′ if onsite
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Minimum Ground Floor
Height (ft.) 11′ 11′ 11′ 11′ 11′ 11′ 11′
Maximum Building Footprint (sq. ft.)
Tier 1 25,000 25,000 25,000 15,000 10,000 10,000 10,000 Tier 2 — With Provision
of Community Benefits 35,000 35,000 35,000 20,000 15,000 15,000 15,000 Chapter 9.23, Community Benefits Minimum Setbacks (ft.)
Interior Side and Rear—
Adjacent to Residential
District
10 10 10 10 10 10
See (E) 10
Section 9.21.110,
Projections from
Buildings into
Minimum Setbacks
and Daylight Plane
Parking See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards Active Commercial Design See (A) See (A) See (A) See (A) See (A) See (A) See (A) Pedestrian Oriented Design See (B) See (B) See (B) See (B) See (B) See (B) See (B) Build-To Line,
Nonresidential Uses See (C) See (C) See (C) See (C) See (C) See (C) See (C) Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing Façades 5′ average 5′ average 5′ average 5′ average 5′
average 5′ average 5′ average
Daylight Plane Adjacent to
Residential District—Interior
Side and Rear
See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060, Height Projections
Standards for Residential Uses
Minimum Outdoor Living
Area (sq. ft./unit)—Sites
with 3 or More Units
(including private and
common)
100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
Minimum Amount
Provided as Private
Outdoor Living Area (sq.
ft./unit)
60 60 60 60 60 60 60 Section 9.21.090,
Outdoor Living Area
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures 67 4.J.a
Packet Pg. 258 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — MIXEDUSE AND COMMERCIAL DISTRICTS Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC NC
(Main St)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Automobile/ Vehicle Sales,
Leasing, and Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping and Street
Trees Subsection 9.11.030(F), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling
Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling
Projects Located on
Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and
Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height
Limits
Section 9.21.060, Height Projections
Projections into Required
Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane Refuse and Recycling
Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Table 9.11.030.B, Development Standards For Housing Projects, prescribes the development standards for housing projects, as defined by Section 9.52.020.1125, in Mixed-Use and Commercial Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.
68 4.J.a
Packet Pg. 259 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — MIXED- USE AND COMMERCIAL DISTRICTS Standard
MUBL
(N. of
I-10)
MUBL
(Pico
Blvd)
MUBL
(Lincoln Blvd
& Main St)
MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
Blvd)
GC
(Pico
Blvd)
NC
NC
(Main St, Ocean
Park Blvd, &
Montana Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum Parcel
Size (sq. ft.) 7,500 7,500 7,500 7,500 7,500 7,500 7,500 5,000 5,000 See (F), Consolidation of Parcels Minimum Parcel
Width (ft.) 50 50 50 50 50 50 50 50 50
Minimum Parcel
Depth (ft.) 150 150 150 150 150 150 150 100 100
Maximum FAR
Section 9.04.090,
Determining Floor
Area Ratio in NonResidential Zoning
Districts
Housing
Projects 3.25

2.0 (2.5 west
of
Lincoln
Blvd)

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

3.75 2.5
(3.0 west
of
Lincoln
Blvd)

3.0 3.75 3.75 3.0 2.5 2.75 3.0
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050,
Measuring Height
Housing
Projects 70’
45’
(55’
west of
Lincoln
Blvd)
55’ 70’ 70’ 55’ 45’ 50’ 55’
100%
Affordable
Housing
Projects
80’
55’
(65’
west of
Lincoln
Blvd)
65’ 80’ 80’ 65’ 55’ 60’ 65’
Minimum
Ground Floor
Height (ft.)
11’ 11’ 11’ 11’ 11’ 11’ 11’ 11’ 11’
Maximum Building Footprint (sq. ft.)
Housing
Projects 35,000 35,000 35,000 35,000 35,000 20,000 20,000 15,000 15,000 Minimum Setbacks (ft.)
Interior Side
and Rear —
Adjacent to
Residential
District
10 10 10 10 10 10 10 10 10
See (E)
Section 9.21.110,
Projections from
Buildings into
Minimum Setbacks and
Daylight Plane
Active
Commercial
Design
See (A) See (A) See (A) See (A) See (A) See (A) See (A) See (A) See (A) Pedestrian
Oriented Design See (B) See (B) See (B) See (B) See (B) See (B) See (B) See (B) See (B) 69 4.J.a
Packet Pg. 260 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — MIXED- USE AND COMMERCIAL DISTRICTS Standard
MUBL
(N. of
I-10)
MUBL
(Pico
Blvd)
MUBL
(Lincoln Blvd
& Main St)
MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
Blvd)
GC
(Pico
Blvd)
NC
NC
(Main St, Ocean
Park Blvd, &
Montana Ave)
Additional
Regulations
Build-To Line,
Nonresidential
Uses
See (C) See (C) See (C) See (C) See (C) See (C) See (C) See (C) See (C) Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing
Façades 5′ average 5′ average 5′ average 5′ average 5′ average 5′ average 5’
average
5′
average 5′ average
Daylight Plane
Adjacent to
Residential
District—Interior
Side and Rear
See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060, Height Projections
Standards for Residential Uses
Minimum
Outdoor Living
Area (sq.
ft./unit)—Sites
with 3 or More
Units (including
private and
common)
100 100 100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
Minimum
Amount
Provided as
Private
Outdoor
Living Area
(sq. ft./unit)
60 60 60 60 60 60 60 60 60 Section 9.21.090,
Outdoor Living Area
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production Program Chapter 9.64, Affordable Housing Production Program Automobile/ Vehicle Sales, Leasing, and
Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping and Street Trees Subsection 9.11.030(F), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects Located
on Community Assembly Surface Parking
Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane Refuse and Recycling Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems 70 4.J.a
Packet Pg. 261 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) A. Active Ground Floor Use and Design.

1. Active Use Requirement. Except as exempted in subsection A(3), below, the ground-floor street frontage of buildings on defined Commercial Boulevards, within LUCE-designated Activity Centers, and within Neighborhood Commercial Districts on Main Street and Montana Avenue shall be required to have active use areas that accommodate commercial uses, subject to the following:
a. Active use areas are required to have a minimum average depth of 40 feet, but no less than 25 feet, for a minimum of 60% of the ground-floor frontage, to the maximum extent feasible.
b. Within LUCE-designated Activity Centers established pursuant to Chapter 9.18 and Neighborhood Commercial Districts on Main Street and Montana Avenue, uses within these active use areas shall be limited to the following:
i. Cultural facilities;
ii. Food and beverage sales;
iii. Eating and drinking establishments;
iv. Grooming and pet stores;
v. Banks and credit unions;
vi. Business services;
vii. Commercial entertainment, recreation, and instructional services; viii.General personal services and personal physical training; ix. General retail sales; and
71 4.J.a
Packet Pg. 262 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) x. Childcare facilities.
c. In other commercial districts not identified in subsection (A)(1)(b), above, the following uses are prohibited within these active use areas:
i. Offices, with the following exceptions:
(1) Creative offices or offices with walk-in clientele, and (2) Offices within a structure that was designed, approved, and continuously used with office at the ground level, facing the street.

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

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

FIGURE 9.11.030.A: STREET-FACING FAÇADES
72 4.J.a
Packet Pg. 263 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) b. A minimum of one pedestrian entrance facing the Commercial Boulevard.

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

B. Pedestrian-Oriented Design.

1. No more than 20 feet or 40% of a building’s ground floor façade, whichever is less, may be continuous blank or featureless linear street-level frontage. 73 4.J.a
Packet Pg. 264 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

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

3. Residential uses at the ground floor street frontage shall incorporate planted areas, porches, front stairs, and/or other elements that contribute to a pedestrian environment. Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian 74 4.J.a
Packet Pg. 265 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) such as awnings, drinking fountains, paseos, arcades, colonnades, plazas, noncommercial community bulletin boards, public or private art, and alternative paving materials in areas of pedestrian access.

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

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

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

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

2. Entry courtyards, plazas, small parks, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use are located between the build-to line and building, provided that the buildings are built to the edge of the courtyard, plaza, small park, or dining area; and
75 4.J.a
Packet Pg. 266 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

3. The building incorporates an alternative entrance design that creates a pedestrian-oriented entry feature facing the street.

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

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

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

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

1. Use of Rear Setback. Commercial use in the required rear setback is not permitted. Noncommercial uses and parking are permitted in the rear setback to the rear property line on the ground level.
76 4.J.a
Packet Pg. 267 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

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

F. Consolidation of Parcels – NC Zoning District. Except for parcels identified on the 6th Cycle 2021-2029 Housing Element Suitable Sites Inventory, limits on the consolidation of parcels in the Neighborhood Commercial zoning districts shall apply to the following:

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

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

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

1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall consist of planting areas, landscape, or pedestrian amenities such as entry courtyards, plazas, entries, 77 4.J.a
Packet Pg. 268 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) outdoor eating and display areas, or other uncovered areas designed and accessible for public use.

2. Interior and Rear Setback Areas. At least 50% of each required interior side and rear setback area shall be a planting area. The required planting area may be reduced to less than 50% of the setback area but no less than 3 feet in width in one side or rear setback area adjoining a driveway or when an approved nonresidential accessory structure occupies a portion of the rear setback area.

3. Adjoining R1 and R2 Districts. A continuous planting area with a minimum width of 5 feet shall be provided along interior parcel lines when a Mixed-Use and Commercial Districts adjoins an R1 or R2 District and is not separated by a public or private thoroughfare.
78 4.J.a
Packet Pg. 269 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Chapter 9.12 BERGAMOT DISTRICTS

9.12.020 Land Use Regulations
Table 9.12.020 prescribes the land use regulations for Bergamot Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
“P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.

Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.
79 4.J.a
Packet Pg. 270 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P P CUP CUP Section 9.31.110, Congregate Housing
Elderly and Long-Term Care P P CUP CUP
Emergency Shelters P P CUP CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

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

Residential Care, General P P MUP MUP Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P L(4)/MUP L(4)/MUP Section 9.31.270, Residential Care Facilities
Hospice, General P P MUP MUP Section 9.31.270, Residential Care Facilities
Hospice, Limited P P P P Section 9.31.270, Residential
Care Facilities
Single-Room Occupancy Housing P P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P P
Transitional Housing P P P P
Public and Semi-Public Uses
Adult Day Care P P - P
Child Care and Early Education Facilities P P - P Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private CUP CUP CUP - Community Assembly CUP CUP CUP CUP Section 9.31.100, Community Assembly
Community Gardens P P P P
80 4.J.a
Packet Pg. 271 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Cultural Facilities P P P P
Hospitals and Clinics L(11) L(11) - MUP, L(12)
Community Clinic L(5) L(5) L(5) L(5)
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P L(3) P
School, Public or Private CUP CUP CUP -
Social Service Centers P P - - Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

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

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

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

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

Bars/Nightclubs/Lounges CUP CUP MUP CUP Section 9.31.040, Alcoholic Beverage Sales
81 4.J.a
Packet Pg. 272 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Restaurants, Full-Service, Limited Service
& Take-Out (2,500 square feet and
smaller, including Outdoor Dining and
Seating)

P P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.200, Outdoor
Dining and Seating
Section 9.31.290, Restaurants
With Entertainment
Restaurants, Full-Service, Limited Service
& Take-Out (2,501 – 5,000 square feet,
including Outdoor Dining and Seating)

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

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

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

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

Business and Professional L(12)/CUP L(12)/CUP - -
Creative P P P P
Medical and Dental CUP CUP - CUP
Walk-In Clientele P P - -
Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, Outdoor Newsstands
Parking, Public or Private CUP CUP CUP -
82 4.J.a
Packet Pg. 273 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations Personal Services See sub-classifications below.

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

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

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

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

Antennas and Transmission Towers MUP MUP - – Chapter 9.32, Personal Wireless Service Facilities
Equipment within Buildings CUP CUP - –
Light Fleet-Based Services – – - –
Utilities, Major – - - –
Utilities, Minor P P P P
Specific Limitations:
(1) Not allowed on the ground floor for the first 35 feet of lot depth. (2) Limited to 4,000 sq. ft. or less.
(3) Limited to 15,000 sq. ft. or less.
(4) Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents require an MUP. (5) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met. (6) (Reserved)
(7) (Reserved)
(8) (Reserved)
83 4.J.a
Packet Pg. 274 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.12.020: LAND USE REGULATIONS— BERGAMOT DISTRICTS Use Classification BTV MUC CAC CCS Additional Regulations (9) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage; greater area and/or width requires approval of a Conditional Use Permit. (10) Fitness facilities and gymnasiums permitted, all other uses require a CUP. (11) Hospitals and clinics of 5,000 sf or less require an MUP. Hospitals and clinics greater than 5,000 sf or greater require a CUP. (12) Limited to 5,000 sf or less.

9.12.030 Development Standards
Table 9.12.030.A, Development Standards for All Projects, Except Housing Projects, prescribes the development standards for Bergamot Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table. 84 4.J.a
Packet Pg. 275 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.12.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Density Standards
Maximum FAR
Section 9.04.090, Determining Floor
Area Ratio in Non-Residential Zoning
Districts
Tier 1 — Base Standard 1.75 1.5 1.0 1.5
Tier 2 — With Provision of
Community Benefits 2.0 1.7
Parcel > = 100,000
sf:

1.0 Parcel < 100,000 sf:

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

1.0 Parcel > 100,000 sf:

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

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

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

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

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

See (F)
5’ for 25% of front
façade.

See (F)
5’ for 25% of front
façade.

See (F)
5’ for 25% of front
façade.

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

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

Maximum Unbroken Primary
Façade Length See (H) See (H) See (H) See (H)
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.
85 4.J.a
Packet Pg. 276 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.12.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Roofline Variation See (I) See (I) See (I) See (I)
Section 9.21.060, Height Projections
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.

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

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

See (M) See (M) See (M) See (M)
Ground Level Pedestrian
Pathways See (N) See (N) See (N) See (N)
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production Program Chapter 9.64, Affordable Housing Production Program Automobile/ Vehicle Sales, Leasing, and Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping and Street Trees Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections 86 4.J.a
Packet Pg. 277 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Table 9.12.030.B, Development Standards For Housing Projects, prescribes the development standards for Bergamot Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses.

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

TABLE 9.12.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Density Standards
Maximum FAR
Section 9.04.090, Determining Floor
Area Ratio in Non-Residential Zoning
Districts
Housing Projects 4.0

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

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

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

3.0 3.0 (North of
Nebraska Ave,
South of
Pennsylvania Ave,
and West of
Berkeley St - 3.75)
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050, Measuring Height Housing Projects 84’
See (A)
84’ (North of
Pennsylvania
Ave parcel line
or South of
Expo Bike Path
- 70’)
See (A)
55’
See (A)
55’ (North of
Nebraska Ave,
South of
Pennsylvania Ave,
and West of
Berkeley St - 70’)
See (A)
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.

TABLE 9.12.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems 87 4.J.a
Packet Pg. 278 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.12.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
100% Affordable Housing
Projects
94’
See (A)
94’ (North of
Pennsylvania
Ave parcel line
or South of
Expo Bike Path
- 80’)
See (A)
65’
See (A)
65’ (North of
Nebraska Ave,
South of
Pennsylvania Ave,
and West of
Berkeley St - 80’)
See (A)
Section 9.12.030(A), Additional
Development Standards for Buildings
Exceeding 90 feet in Height.

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

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

See (F)
5’ for 25% of
front façade.

See (F)
5’ for 25% of front
façade.

See (F)
5’ for 25% of front
façade.

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

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

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

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

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

Standards for Residential Uses
Street-Facing Ground Floor
Residential Uses See (K) See (K) See (K) See (K)
Minimum Percentage of Site Area
of Open Space at Ground Level 12% 12% 12% 12%
Minimum Percent of the 12%
ground level open space that
must be provided adjacent to the
sidewalk
20%
See (L)
20%
See (L)
20%
See (L)
20%
See (L)
Maximum Percentage of the
12% ground level open space
that can be covered by an
enclosed building
20% 20% 20% 20%
88 4.J.a
Packet Pg. 279 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.12.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — BERGAMOT DISTRICTS Standard BTV MUC CAC CCS Additional
Regulations
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with 3 or More
Units (includes private and
common)
150 150 150 150 Section 9.21.090, Outdoor Living Area
Minimum Percentage of
Outdoor Living Area Provided
as Private Outdoor Living Area
30% 30% 30% 30%
Section 9.21.090, Outdoor Living Area
Minimum Percentage of
Outdoor Living Area Provided
as Common Outdoor Living
Area
70% 70% 70% 70%
Section 9.21.090, Outdoor Living Area
Common Outdoor Living Area See (M) See (M) See (M) See (M) Ground Level Pedestrian
Pathways See (N) See (N) See (N) See (N)
Special Project Commitments for
Bergamot Area Housing Projects
on Large Sites.

See (O) See (O) See (O) See (O)
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production Program Chapter 9.64, Affordable Housing Production Program Automobile/ Vehicle Sales, Leasing, and Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping and Street Trees Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Additional Development Standards for Buildings Exceeding 90 feet in Height.

The following additional standards shall apply to all projects with buildings or portions of buildings exceeding 90 feet in height. These standards are required in addition to the 89 4.J.a
Packet Pg. 280 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) development standards established in both Tables 9.12.030.A and 9.12.030.B above, except that building modulation standards 9.12.030(F), (G), (H), (I), and (J) shall not apply.

1. Maximum Allowable Podium Height: 35 feet

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

3. Maximum Tower Footprint: 12,000 square feet

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

5. Minimum Offset Tower Spacing: The minimum spacing between closest points of towers that are diagonally opposite shall be 40 feet. (see Figure 9.12.030(B)) 90 4.J.a
Packet Pg. 281 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Figure 9.12.030(A): Tower and Podium Maximum Footprint Diagram 91 4.J.a
Packet Pg. 282 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Figure 9.12.030(B): Minimum Tower Spacing Diagram
B. Building Frontage Line.

1. To create walkable streets, buildings facing the following streets shall provide a minimum building setback as measured from the street curb face to the building façade, as provided below and in Figure 9.12.030(C):
a. Nebraska Avenue between Stewart and Berkeley Street: 20’ b. Pennsylvania Avenue between 26th Street and Stewart Street: 20’ c. Stewart Street between Colorado Avenue and Nebraska Avenue: 20’ d. Colorado Avenue between Stewart Street and Stanford Street: 15’ e. Olympic Boulevard between 26th Street and Centinela Avenue: 15’ f. Stanford Street between Colorado Avenue and Nebraska Avenue:
10’
92 4.J.a
Packet Pg. 283 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) g. Berkeley Street between Pennsylvania Avenue and Nebraska Avenue: 10’
h. All other streets shall be 10’
For all building frontage lines 15 feet or greater, habitable space above the ground floor may project up to 5 feet into the building frontage line, however cannot project over the property line into the public right-of-way. Other projections including but not limited to balconies and awnings may be allowed in accordance with Section 9.21.110.

FIGURE 9.12.030(C): MEASURING BUILDING FRONTAGE LINE

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

C. Build-to Line.

1. Buildings or portions of buildings with nonresidential uses on the ground floor and not facing a residential district shall be constructed no farther than 10 feet from the building frontage line for 70% of linear street frontage. a. For parcels 60 feet in width or less, this requirement may be reduced to 60% provided that entry courtyards, plazas, open space, outdoor dining and 93 4.J.a
Packet Pg. 284 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) display areas, or other uncovered areas are designed and accessible for public use and located between the build-to line and building.

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

D. Active Ground Floor Use and Design.

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

2. Active Commercial Design. Where an active use is required for new buildings, the ground-floor street frontage shall be designed to accommodate commercial uses and activities, subject to the following:
94 4.J.a
Packet Pg. 285 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) a. Street Facing Facades. A minimum of 50% of each street facing façade shall be transparent and include windows, doors, and other openings between 2.5 and 8 feet above finished grade.
i. Openings fulfilling this requirement shall have transparent glazing or openings that provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displaying merchandise or other items other than signs that are at least 3 feet deep. ii. Vertical Elements: Frontages shall be designed to be divided into bays that are 30-feet wide or less by pilasters, columns, window patterns, or other vertical elements.
iii. This requirement may be modified if it can be demonstrated that the fulfillment of this requirement materially interferes with the project’s ability to meet the requirements of Municipal Code Chapter 8.36 – Energy Code.

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

E. Pedestrian-Oriented Design.

1. No more than 20 feet or 40% of a building’s ground floor façade, whichever is less, may be continuous blank or featureless linear street-level frontage. 95 4.J.a
Packet Pg. 286 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

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

3. Residential uses at the ground floor street frontage shall incorporate planted areas, porches, front stairs, and/or other elements that contribute to a pedestrian 96 4.J.a
Packet Pg. 287 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) environment. Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian such as awnings, drinking fountains, paseos, arcades, colonnades, plazas, noncommercial community bulletin boards, public or private art, and alternative paving materials in areas of pedestrian access.

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

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

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

2. Projections into the required stepbacks are permitted pursuant to 9.21.110. 97 4.J.a
Packet Pg. 288 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) FIGURE 9.12.030(E): STREET STEPBACKS ABOVE GROUND FLOOR G. Side Interior Stepbacks: A minimum of 15 percent of the exposed side interior building façade area above 39 feet shall be stepped back a minimum of 5 feet from the side property line.
98 4.J.a
Packet Pg. 289 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) FIGURE 9.12.030(F): SIDE INTERIOR STEPBACKS
H. Maximum Unbroken Primary Façade Length:

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

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

3. For façades that are greater than 150’, a break of 10 percent of the façade length, with a 5-foot minimum depth, is required. This dimension can be broken into two breaks, provided each break is greater than 5 feet in width. The break must extend from above the ground for 50 percent of the height of the project. The break is not required to be continuous.
99 4.J.a
Packet Pg. 290 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) FIGURE 9.12.030(G): MAXIMUM UNBROKEN PRIMARY FAÇADE LENGTH I. Roofline Variation: The top level of the building shall comply with one of the following standards:

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

2. Street Stepback: For buildings over 55 feet in height, the upper-most level shall be stepped back a minimum of 10 feet from street-facing building façades. 100

4.J.a
Packet Pg. 291 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) FIGURE 9.12.030(H): ROOFLINE VARIATION DIAGRAM
– OR –
J. Daylight Plane: Buildings shall not extend above a plane starting at 30 feet in height directly above the parcel line abutting any residentially-zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45- degree angle from vertical toward the interior of the site for 30 feet measured horizontally.

1. The 30-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050. 101

4.J.a
Packet Pg. 292 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

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

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

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

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

3. Entrances shall incorporate at least three of the following:
a. Recessed entrance at least 2 feet from the building façade; b. Overhead projection (e.g. porch roof);
c. A sidelight window, adjacent window, or door with a window; d. At least one stair, up or down, from the pedestrian pathway; e. Paving material, texture, or pattern differentiated from the pedestrian pathway.
102

4.J.a
Packet Pg. 293 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

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

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

L. Ground Level Open Space Adjacent to Sidewalk

1. For parcels with street frontage 250’ or less, the following standards apply:
a. Configuration Incentive: Any portion of the ground level open space adjacent to the street with a minimum dimension of 10’ x 10’ shall count at 1.5 towards the ground level open space requirement.
b. Open-to-the-sky: No more than 20% of the open space may be covered by enclosed building space.
c. Open space may not exceed 18 inches above or below the adjacent sidewalk elevation.
d. Any fence, wall, or hedge around the required ground level open space shall not exceed 42 inches except for the portion(s) of the ground level open space that is abutting an internal parcel line.

2. For parcels with street frontage 250’ or greater, the following standards apply:
a. One portion of the ground level open space adjacent to the street shall have a minimum size of 600 sf and minimum dimension of 20’ x 10’. 103

4.J.a
Packet Pg. 294 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) b. Open-to-the-sky: No more than 20% of the open space may be covered by enclosed building space.
c. Open space may not exceed 18 inches above or below the adjacent sidewalk elevation.
d. Any fence, wall, or hedge around the required ground level open space shall not exceed 42 inches except for the portion(s) of the ground level open space that is abutting an internal parcel line.

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

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

2. Landscaping: A minimum of 25 percent of each common outdoor living area 500 square feet or greater shall be planting area with a minimum length and width 104

4.J.a
Packet Pg. 295 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) of 30 inches. A minimum of 10% of each common outdoor living area less than 500 square feet and greater than 100 square feet shall be planting area.

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

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

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

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

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

N. Ground Level Pedestrian Pathways: Ground level pathways shall be required for properties greater than 1 acre. Pathways shall comply with the following standards. 105

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Packet Pg. 296 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

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

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

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

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

9.21.080, Lighting.
106

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Packet Pg. 297 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) O. Special Project Commitments for Housing Projects in Bergamot Districts on Large Sites.

1. Housing Projects on Large Sites in Bergamot Districts may elect to be processed by Administrative Approval under Section 9.39.020(A)(1)(d) if located on a parcel or parcels that exceed 43,560 square feet in size (one acre) provided that the project meets all standards in Chapter 9.12 and all of the following commitments:
a. Residential Unit Mix:
i. Maximum 15% studio units
ii. Minimum 15% 2-bedroom units
iii. Minimum 15% 3-bedroom units
b. Minimum Ground Level Open Space: 14% of Parcel Area
i. At least 30% of ground level open space shall be adjacent to the street.
ii. One portion of the ground level open space adjacent to the street shall have a minimum size of 600 sf and minimum dimension of 20’ x 10’.
iii. Any fence, wall, or hedge around the required ground level open space shall not exceed 42 inches except for the portion(s) of the ground level open space that is abutting an internal parcel line. iv. Open space may not exceed 18 inches above or below the adjacent sidewalk elevation.
107

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Packet Pg. 298 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) v. Open space adjacent to the street pursuant to Subsection (b)(i) shall be accessible to the public and not exclusive to project occupants, in accordance with Subsection d below .
c. Ground Level Pedestrian Pathway or New Street
i. Ground level pedestrian pathway shall be dedicated for public use (e.g. surface easement), developed in accordance with the standards provided in Section 9.12.030(N) Ground Level Pedestrian Pathways above and Subsection d below.
ii. Ground level pedestrian pathways or new streets shall be dedicated for public use (e.g. surface easement), consistent with the street network map (Figure 7.01) in the Bergamot Area Plan, if one is identified on the site. For new streets, vehicular lanes or street parking shall not count towards the project’s open space requirement.
d. Notwithstanding subsections (b) and (c)(ii) above, housing projects located on parcels 98,010 square feet or less in size shall be eligible for the following flexibility for streets, pathways, and ground level open space:
i. Streets and pathways identified in the BAP (Figure 7.01) may be designed through alternative means, including, but not limited to, location and type, subject to review and approval by the Director, provided the street or pathway:
(1) Does not bisect the parcel in a manner that would limit project feasibility.
(2) Improves network connections and circulation;
108

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Packet Pg. 299 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) (3) Is usable as publicly accessible open space;
(4) Is pedestrian-scaled in design; and
(5) Aligns with BAP street network implementation with
any future public investments.
ii. Minimum Ground Level Open Space: 12% of Parcel Area e. Ground-Level Open Space: Public Access
i. Subject to an Agreement between the owner/developer and City, the Ground-Level Open Space as required in Subsections (b) and (c) above shall be accessible to the public between the hours of 6:00 A.M. and 11:00 P.M. and shall comply with all standards pursuant to this Section. The public use of the Ground-Level Open Space shall be solely for pedestrian access to and passive use by project occupants or the public, including walking, strolling, reading, passive activities, and other similar activity.

Owner/developer may enforce reasonable security measures including limiting public access to any portion of such publicly-accessible GroundLevel Open Space between the hours of 11:00 P.M. and 6:00 A.M. in accordance with adopted administrative regulations established by the Director.
ii. Administrative Regulations. The Director may adopt
administrative regulations to implement the provisions of this Section, including, but not limited to, establishing terms and conditions of the Ground-Level Open Space via an agreement between the owner/developer 109

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Packet Pg. 300 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) and City, review procedures, limitations on use within the Ground-Level Open Space, and other permit conditions and agreement requirements. iii. A permittee shall comply with any other permit requirements or conditions set forth in the administrative regulations issued under this Section.
110

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Packet Pg. 301 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) CHAPTER 9.13 EMPLOYMENT DISTRICTS

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

Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.
111

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Packet Pg. 302 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling P P P Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Needs
Congregate Housing P P P Section 9.31.110, Congregate
Housing
Elderly and Long-Term Care – P P
Emergency Shelters L(2)/CUP L(2)/CUP L(2)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.

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

Residential Care, General P P P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P P P Section 9.31.270, Residential Care Facilities
Hospice, General P P P Section 9.31.270, Residential Care Facilities
Hospice, Limited P P P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy Housing P P P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P P P
Transitional Housing P P P
Public and Semi-Public Uses
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private – CUP –
Community Assembly CUP CUP CUP Section 9.31.100, Community Assembly
Community Gardens P P P
112

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Packet Pg. 303 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Cultural Facility – – CUP
Hospitals and Clinics – – P
Community Clinic L(11) L(11) L(11)
Park and Recreation Facilities, Public P P P
Public Safety Facilities MUP MUP P
Schools, Public or Private L(3)/CUP L(3)/CUP P
Social Service Centers MUP MUP P Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.

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

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

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

Cinemas – – –
Theaters L(7)/CUP – –
Convention and Conference Centers – CUP –
Large-Scale Facility L(16) L(16) -
Small-Scale Facility L(8)/CUP MUP (6) CUP Section 9.31.340, Small-Scale Facility, Game Arcades
Eating and Drinking Establishments See sub-classifications below. 113

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Packet Pg. 304 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,500 SF and
smaller)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,501 – 5,000 SF)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (Greater than 5,000
SF)
P P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Food Hall (up to 175 seats) CUP CUP CUP
Equipment Rental P – P
Food and Beverage Sales See sub-classifications below.

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

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

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

Building Materials Sales and Services P – – Section 9.31.220, Outdoor Retail Display and Sales
Firearms and Ammunition Sales – – –
114

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Packet Pg. 305 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
General Retail Sales, Small-Scale P P P Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP - Section 9.31.220, Outdoor Retail Display and Sales
Medical Marijuana Dispensaries – – CUP Section 9.31.185, Medical Marijuana Dispensaries
Industrial Uses
Artist’s Studio P P P
Commercial Kitchens P – –
Industry, General P CUP (12) –
Research and Development P CUP (12) P
Industry, Limited P CUP (12) –
Media Production P P –
Recycling Facility See sub-classifications below.

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

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

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

Utilities, Major P P –
Utilities, Minor P P P
115

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Packet Pg. 306 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Specific Limitations:
(1) Limited to 100% affordable housing projects. For senior citizen multiple-unit dwelling projects in the Office Campus District that are not 100% affordable approval of a Conditional Use Permit is required. (2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or more may be permitted with application for and approval of a Conditional Use Permit. (3) Permitted if existing. New uses require approval of a Conditional Use Permit. (4) Limited to accessory automobile rental facilities located within automobile/vehicle repair use. (5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required if located within 100 ft. of a residential use or district.
(6) Conditionally permitted as businesses that provide goods and services to employees on the premises. No more than 25% of the total square footage of a development may be devoted to such businesses. (7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use Permit. (8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other small-scale commercial recreation uses require a Conditional Use Permit.
(9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25 percent of the gross floor area of the primary permitted use.
(10) Permitted if existing. New uses are not permitted. (11) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met. (12) Such uses must be conducted within an enclosed building or an open enclosure screened from public view. In order to approve a Conditional Use Permit, the review authority must make a finding that proposed uses are compatible with office and advanced technological uses.
(13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation on the site. (14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the Live-Work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen.
(15) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage
(16) Limited to indoor exercise facilities and bowling alleys. (17) General markets greater than 15,000 square feet require a Conditional Use Permit. (18) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space shall occupy more than 12,500 square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.

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

Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table. 116

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Packet Pg. 307 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.13.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS—EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size
(sq. ft.) 15,000 15,000 7,500
Minimum Parcel
Width (ft.) 100 100 50
Minimum Parcel
Depth (ft.) 150 150 100
Maximum FAR
Section 9.04.090, Determining
Floor Area Ratio in NonResidential Zoning Districts
Tier 1 — Base
Standard 1.0 1.5 1.5
Tier 2 — With
Provision of
Community
Benefits

1.75 1.75 2.5 Chapter 9.23, Community Benefits
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
Tier 1 — Base
Standard 2/32′ 2/32′ 3/45′
Tier 2 — With
Provision of
Community
Benefits
3/45’
See (A) 3/45’ 5/70′ Chapter 9.23, Community
Benefits
Minimum Setbacks (ft.)
Interior Side and
Rear – Adjacent
to a Residential
District
15′
See (B)
15′
See (B)
15′
See (B)
Parking Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards Minimum Ground
Floor Height (ft.) 11′ 11′ NA
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing
Façades 5′ average 5′ average NA
Daylight Plane
Adjacent to
Residential District—
Interior Side and
Rear
See (D) See (D) See (D)
Standards for Multiple-Unit Dwellings
Minimum Outdoor
Living Area (sq.
ft./unit)—Sites with 3
or More Units
(including private and
common)
100 100 100 Section 9.21.090, Outdoor Living
Area
117

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Packet Pg. 308 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.13.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS—EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Minimum Amount
Provided as
Private Outdoor
Living Area (sq.
ft./unit)
60 60 60 Section 9.21.090, Outdoor Living
Area
Additional Standards
Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food
Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory
Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.13.030(D), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit
Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit
Dwelling Projects
Located on
Community
Assembly Surface
Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking
and Loading Chapter 9.28, Parking, Loading, and Circulation Parking Structures
and Areas Chapter 9.28, Parking, Loading, and Circulation Projections into
Height Limits
Section 9.21.060, Height Projections
Projections into
Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane Refuse and Recycling
Screening and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems * In those portions of the OC Districts adjacent to Ocean Park Boulevard, development of additional floor area for projects other than housing projects that requires discretionary approval shall only be permitted after completion of a specific plan. 118

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Packet Pg. 309 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Table 9.13.030.B, Development Standard for Housing Projects prescribes the development standards for housing projects, as defined by Section 9.52.020.1125, in Employment Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.

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

DISTRICTS
Standard IC OC HMU Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size
(sq. ft.) 15,000 15,000 7,500
Minimum Parcel
Width (ft.) 100 100 50
Minimum Parcel
Depth (ft.) 150 150 100
Maximum FAR
Section 9.04.090, Determining Floor Area
Ratio in Non-Residential Zoning Districts
Housing Projects 3.0 2.75 2.5
100% Affordable
Housing Projects 3.5 3.25 3.0
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050, Measuring Height
Housing Projects 65’ 60’ 70’
100% Affordable
Housing Projects 75’ 70’ 80’
Minimum Setbacks (ft.)
Interior Side and
Rear – Adjacent
to a Residential
District
15′
See (B)
15′
See (B)
15′
See (B)
Parking Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards Pedestrian Oriented
Design for Housing
Projects
See (C) See (C) See (C)
Minimum Ground
Floor Height (ft.) 11′ 11′ NA
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing
Façades 5′ average 5′ average NA
119

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Packet Pg. 310 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.13.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — EMPLOYMENT

DISTRICTS
Standard IC OC HMU Additional Regulations
Daylight Plane
Adjacent to
Residential District—
Interior Side and
Rear
See (D) See (D) See (D)
Standards for Multiple-Unit Dwellings
Minimum Outdoor
Living Area (sq.
ft./unit)—Sites with 3
or More Units
(including private and
common)
100 100 100 Section 9.21.090, Outdoor Living
Area
Minimum Amount
Provided as
Private Outdoor
Living Area (sq.
ft./unit)
60 60 60 Section 9.21.090, Outdoor Living
Area
Additional Standards
Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food
Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory
Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.13.030(D), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit
Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit
Dwelling Projects
Located on
Community
Assembly Surface
Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking
and Loading Chapter 9.28, Parking, Loading, and Circulation Parking Structures
and Areas Chapter 9.28, Parking, Loading, and Circulation Projections into
Height Limits
Section 9.21.060, Height Projections
Projections into
Required Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane 120

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Packet Pg. 311 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.13.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — EMPLOYMENT

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

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

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

3. Theaters.

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

C. Pedestrian-Oriented Design for Housing Projects.

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

2. New development shall incorporate the following design elements at the ground floor level:
121

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Packet Pg. 312 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) a. Street-Facing Facades
i. Articulated façades at the ground floor street frontage, which may include, but not necessarily require, such measures as indentation in plane, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building frame and projecting elements such as awnings and marquees to provide shade and shelter;
ii. Exterior lighting which provides for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination which avoids off-site glare. b. Ground-Floor Street Frontages Along Commercial Boulevards. The finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk. c. Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the Commercial Boulevard, the finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.

3. Residential uses at the ground floor street frontage shall incorporate planted areas, porches, front stairs and/or other elements that contribute to a pedestrian environment. Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian such as awnings, drinking fountains, paseos, arcades, colonnades, plazas, 122

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Packet Pg. 313 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) noncommercial community bulletin boards, public or private art, and alternative paving materials in areas of pedestrian access.

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

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

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

The 30-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050. 123

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Packet Pg. 314 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) FIGURE 9.13.030.D: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL DISTRICTS—

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

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

2. Adjoining Residential or Mixed-Use Districts. A continuous planting area with a minimum width of 5 feet shall be provided along interior parcel lines when an Employment District adjoins a Residential or Mixed-Use District and is not separated by a public or private thoroughfare.
124

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Packet Pg. 315 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) CHAPTER 9.14 OCEANFRONT DISTRICT

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

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and subclassifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance. 125

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Packet Pg. 316 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Junior Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Multiple-Unit Dwelling P Section 9.31.195, Multiple-Unit Dwelling Projects
Duplex P Section 9.31.195, Multiple-Unit Dwelling
Projects
Senior Citizen Multiple-Unit Dwelling P Section 9.31.195, Multiple-Unit Dwelling Projects
Single-Unit Dwelling P
Housing Types for Specific Uses
Congregate Housing P Section 9.31.110, Congregate Housing Elderly and Long-Term Care P
Emergency Shelters CUP Section 9.31.130, Emergency Shelters Employee Housing P
Family Day Care See sub-classifications below.

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

Residential Care, General P Section 9.31.270, Residential Care Facilities
Residential Care, Limited P Section 9.31.270, Residential Care Facilities
Residential Care, Senior P Section 9.31.270, Residential Care Facilities
Single-Room Occupancy Housing P Section 9.31.330, Single Room Occupancy Structures
Supportive Housing P
Transitional Housing P
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education Facilities CUP Section 9.31.120, Child Care and Early Education Facilities
Cultural Facilities CUP
Community Clinic L(6)
Park and Recreations Facilities, Public P
Schools P
Commercial Uses
Automobile/Vehicle Sales and Service See sub-classifications below.

Automobile Rental MUP Section 9.31.050, Automobile Rental 126

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Packet Pg. 317 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Commercial, Entertainment, and Recreation See sub-classifications below.

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

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

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

Bed and Breakfast CUP Within Designated Landmarks only.

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

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

General Retail Sales, Small-Scale P Section 9.31.220, Outdoor Retail Display and Sales
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
127

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Packet Pg. 318 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Specific Limitations:
(1) Limited to theaters for live performances.
(2) Existing large-scale commercial, entertainment, and recreation facilities existing as of the date of this Ordinance are permitted. Any new large-scale commercial, entertainment, and recreation facilities require approval of a Conditional Use Permit.
(3) Bars, nightclubs, and lounges are only permitted on the Pier, on Oceanfront Walk, and within hotels. (4) Limited to establishments with no more than 2,500 sq. ft. of floor area. (5) Office uses on the ground floor street frontage may not exceed 25% of the parcel width or 1,000 sq. ft, whichever is less. (6) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met.

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

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

TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq. ft.) 5,000
Minimum Parcel Width (ft.) 50′
Minimum Parcel Depth (ft.) 100′
Maximum Allowable Density;
Parcels along the Pacific Coast
Highway between the Santa
Monica Pier and the north City
limits
Parcels 4,000 sq. ft. or more: 1 unit per 1,500 sq. ft. of parcel area
Parcels less than 4,000 sq. ft.: 1 unit per parcel
No more than 1 dwelling unit
shall be permitted on a parcel 40
ft. or less in width
Maximum FAR
Section 9.04.090, Determining
Floor Area Ratio in NonResidential Zoning Districts
Tier 1—Base Standard

1.5; 0.5 for parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the north
City limits
The maximum FAR for housing
projects that meet the
requirements of Government
Code Section 65913.11(b) shall
be:
• 1.0 for projects consisting
of 2-7 units; and
• 1.25 for projects consisting
of 8-10 units
Tier 2—With Provision of
Community Benefits 2.0 Chapter 9.23, Community Benefits 128

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Packet Pg. 319 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
100% Affordable Housing
Projects 2.25 Chapter 9.64, Affordable Housing Production Program Santa Monica Pier Maximum FAR
The Deauville site to the
north, Seaside Terrace to the
south, The Ocean Front
Walk to the west, and Ocean
Avenue to the east, except
parcels fronting on Ocean
Avenue

1.0 Parcels fronting on Ocean
Avenue 0.5
Building Form and Location
Maximum Building Height
(stories/ft.)
One story for newly constructed stand-alone restaurants except for the Santa Monica Pier
Section 9.04.050 Measuring
Height
Tier 1—Base Standard
2/32′;
2/23′ (flat roof) or 2/30′ (pitched roof) for parcels
located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits
Tier 1—Projects Including
On-Site Affordable Housing
in Compliance with AHPP
3/36′ Chapter 9.64, Affordable
Housing Production Program
100% Affordable Housing
Projects No limit to number of stories/47′ Chapter 9.64, Affordable Housing Production Program Tier 2—With Provision of
Community Benefits 3/47′ Chapter 9.23, Community Benefits Tier 2—With Provision of
Community Benefits and
100% Residential Above the
Ground Floor
No limit to stories/47′ Chapter 9.23, Community
Benefits
Santa Monica Pier Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
The Deauville site to the
north, Seaside Terrace to the
south, The Promenade to the
west, and Ocean Avenue to
the east, including parcels
fronting on Ocean Avenue
2/30′
Amusement Rides on the
Santa Monica Pier
85 ft. for one Ferris wheel; 55 ft. for one roller coaster; 45 ft. for all other amusement rides
Street-Facing Façades (ft.)
Minimum Ground Floor
Height for Nonresidential
Uses
11′
Pedestrian Oriented Design See (A)
Exterior Lighting See (C)
Minimum Setbacks (ft., measured from parcel line)
Street Frontage
5 ft. from street fronting parcel line except for 20 ft. on Pacific Coast Highway between northern City limits and
Santa Monica Pier. See (B)
129

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Packet Pg. 320 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Rear
15 ft. if adjacent to a residential use; 25 ft. for beach rear setback on parcels over 100 ft. in depth located
along the Pacific Coast Highway between the Santa
Monica Pier and the north City limits
Side
If adjacent to a residential use, see (D); for parcels
located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits, see (D)
Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height Street-Facing Façades
At least 30% of the building elevation above the
maximum ground floor height shall provide an
additional 5-foot average setback from the minimum
required front setback
Daylight Plane Adjacent to
Residential Use—Interior Side
and Rear Setbacks
See (E) Section 9.21.060, Height
Projections
View Corridors See (F)
Standards for Residential Uses
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with 3 or
More Units (including private
and common)
100 Section 9.21.090, Outdoor Living
Area
Minimum Amount Provided
as Private Outdoor Living
Area (sq. ft./unit)
60 Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.14.030(H), Landscaping; Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community
Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Height Limits Section 9.21.060, Height Projections Projections into Required
Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane Refuse and Recycling Screening
and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
130

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Packet Pg. 321 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Pedestrian-Oriented Design. New development shall incorporate the following design elements into the street-facing façades at the ground floor level:

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

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

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

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

B. Build-To Line, Nonresidential Uses. Except on Pacific Coast Highway between northern City limits and Santa Monica Pier, buildings with nonresidential uses on the ground floor shall be constructed no farther than 10 feet from the street facing parcel 131

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Packet Pg. 322 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) line(s) for 70% of linear street frontage. This requirement may be waived or modified subject to a discretionary approval upon finding that:

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

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

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

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

E. Daylight Plane Adjacent to Residential Uses. Buildings shall not extend above a plane starting at 30 feet in height directly above the parcel line abutting any residentiallyzoned parcel in residential use, or where there is an alley, the centerline of the alley, and 132

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Packet Pg. 323 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) from that point, extending in at a 45-degree angle from vertical toward the interior of the site. The 30-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.

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

G. Landscaping. The following landscaping requirements apply.

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

2. Interior Setback Areas. At least 50% of each required interior side setback area and rear setback area shall be planting area having a minimum width of 7.5 feet 133

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Packet Pg. 324 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) adjoining a side or rear parcel line. The width of a required planting area may be reduced to 3 feet in one side or rear setback area adjoining a driveway, and a nonresidential accessory structure may occupy a portion of the planting area in a rear setback area. 134

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Packet Pg. 325 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) CHAPTER 9.15 PUBLIC AND SEMI-PUBLIC DISTRICTS

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

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

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and subclassifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance. 135

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Packet Pg. 326 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit
P - -
Section 9.31.025, Accessory Dwelling Unit
and Junior Accessory Dwelling Units
Junior Accessory Dwelling Unit P - - Section 9.31.025, Accessory Dwelling Unit and Junior Accessory Dwelling Units
Multiple Unit Dwelling P - - Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit
Dwelling P - - Section 9.31.195, Multiple-Unit Dwelling Projects Housing Types for Specific Needs
Congregate Housing L(1) - - Section 9.31.110, Congregate Housing Emergency Shelters - P - Section 9.31.130, Emergency Shelters Family Day Care See sub-classifications below.

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

Residential Care, General L(1) - - Section 9.31.270, Residential Care Facilities Residential Care, Limited P - - Section 9.31.270, Residential Care Facilities Residential Care, Senior L(1) - - Section 9.31.270, Residential Care Facilities
Hospice, General - - -
Hospice, Limited - - -
Single Room Occupancy Housing L(1) - - Section 9.31.330, Single Room Occupancy Housing
Supportive Housing L(1) - -
Transitional Housing L(1) - -
Public and Semi-Public Uses
Adult Day Care P P P
Cemetery - P -
Child Care and Early Education
Facilities P P P Section 9.31.120, Child Care and Early Education Facilities Colleges and Trade Schools, Public or
Private L(3) P -
Community Assembly P P L(3) Section 9.31.100, Community Assembly Community Gardens - P P
Cultural Facilities P P P
Community Clinic L(6) - -
Park and Recreations Facilities, Public P P P
Public Safety Facilities P P -
Schools, Public or Private L(3) P -
Social Service Centers P P - Section 9.31.350, Social Service Centers 136

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Packet Pg. 327 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Commercial Uses
Banks and Financial Institutions L(1) - -
Business Services L(1) - -
Commercial, Entertainment, and
Recreation See sub-classifications below.

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

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

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

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

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

General Retail Sales, Small-Scale L(1) - - Section 9.31.220, Outdoor Retail Display and Sales
Swap Meet MUP MUP MUP Section 9.31.360, Swap Meets
137

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Packet Pg. 328 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Transportation, Communication, and Utilities Uses
Citywide Bikeshare Facility P P P
Communication Facilities See sub-classifications below.

Antennas and Transmission
Towers CUP CUP - Chapter 9.32, Personal Wireless Service Facilities Equipment Within Buildings - P -
Utilities, Major - P -
Utilities, Minor - P -
Specific Limitations:
(1) Permitted as part of a mixed-use development.
(2) Permitted only as an accessory to a primary use. Must be located within the same building as a primary use. (3) Limited to public, quasi-public, or nonprofit establishments. (4) Public, quasi-public, and nonprofit offices are permitted. Conditional Use Permit required for private offices. (5) Limited to public parking for beach or park users.
(6) Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met.

Section 9.15.030. Development Standards.

Table 9.15.030 prescribes the development standards for the Public and Semi-Public Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table. Development standards for the Civic Center (CC) district are as prescribed in the Civic Center Specific Plan, which is hereby incorporated by reference. Where Zoning Ordinance provisions are not specifically addressed by the Civic Center Specific Plan, the Zoning Ordinance shall apply. Where there is a conflict between compliance with the Civic Center Specific Plan and the Zoning Ordinance, the Civic Center Specific Plan shall control except where the conflicting Zoning Ordinance provision was adopted through voter initiative in which case the initiative shall control.
138

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Packet Pg. 329 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) TABLE 9.15.030: DEVELOPMENT STANDARDS—PUBLIC AND PARK DISTRICTS Standard PL OS Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq. ft.) 20,000 5,000
Building Form and Location
Maximum Building Height
(stories/ft.)
2/32′ 2/28′; 1/20′ west of the
centerline of Ocean
Avenue and Barnard
Way
Section 9.04.050, Measuring
Height
Minimum Setbacks (ft., measured from property line)
Street Frontage 10′ 20′
Interior Side and Rear 10′; 15′ when
abutting a residential
district
10′
Maximum FAR NA 0.5; 0.25 west of the
centerline of Ocean
Avenue and Barnard
Way
Section 9.04.090, Determining
Floor Area Ratio in NonResidential Zoning District
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Exceptions to Height Limits Section 9.21.060, Height Exceptions Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Landscaping Section 9.15.030(A), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required
Setbacks
Section 9.21.110, Projections into Required Setbacks
Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Trash Screening and Enclosure Section 9.21.130 Resource Recovery and Recycling Standards A. Planting Areas, Public District. In the Public and Semi-Public Districts, the following landscaping requirements apply.

1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall consist of planting areas, landscape, or pedestrian amenities.
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Packet Pg. 330 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

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

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

Chapter 9.16 A OFF-STREET PARKING OVERLAY DISTRICT

9.16.070. Development Standards for Below Grade Parking Structure Facilities.

A. Side Yard Setback. The side yard shall be 5 feet for any underground parking facility. No side yard shall be required adjacent to a commercially zoned parcel or another “A” designated parcel in commercial parking use.

Parking structures located below grade shall be exempt from the floor area ratio and setback requirements provided that there remains an unexcavated area 5 feet in width along the side property line that abuts a residentially zoned parcel which shall contain landscaping pursuant to the provisions of Chapter 9.26, Landscaping. 140

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Packet Pg. 331 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Chapter 9.19 MODERATE INCOME OVERLAY

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

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

B. Moderate Income Housing Overlay (MHO) Dwelling Unit means a dwelling unit, as defined by Section 9.52.020.0730, except that for purposes of this Chapter a dwelling 141

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Packet Pg. 332 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) unit shall be a minimum of 250 square feet in size, if the dwelling unit is located within a MHO Project for which occupancy is restricted to a MHO Eligible Household.

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

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

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

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

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

C. A MHO Project pursuant to this section shall not include any alteration or demolition of any of the following types of housing:
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Packet Pg. 333 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

1. Deed restricted affordable housing;

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

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

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

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

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

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

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

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

B. Residential Density Bonus. Projects shall be allowed to request up to a 50% density bonus.
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Packet Pg. 334 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) C. Eligibility for Concessions/Incentives. Projects shall be eligible to request up to four incentives and concessions pursuant to procedures set forth in Sections 9.22.060 and 9.22.080.

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

E. Open Space.

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

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

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

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

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

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

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

H. Air Quality Assessment Zone. MHO projects within the Air Quality Assessment Zone shall be required to complete a form provided by the Director that prescribes the required design features to reduce exposure to diesel particulate matter (DPM) as a part 144

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Packet Pg. 335 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) 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. 336 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

DIVISION
3 GENERAL REGULATIONS
Chapter 9.21, General Site Regulations
Chapter 9.22, Density Bonus
Chapter 9.25, Demolition and Relocation
Chapter 9.27, Nonconforming Uses and Structures
Chapter 9.31, Standards for Specific Uses and Activities 146

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Packet Pg. 337 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) CHAPTER 9.21 GENERAL SITE REGULATIONS
Section 9.21.020 Accessory Buildings and Structures
Accessory structures shall conform to the same property development standards as principal buildings except as required by this Section. Accessory buildings in Residential Districts shall include, but not be limited to, greenhouse and garden structures, storage sheds, workshops, garages, and other buildings that are detached from the principal building. Accessory structures in Residential Districts shall include, but not be limited to, unenclosed carports, gazebos, cabanas, or other similar structures; air conditioners, compressors, electric vehicle charging equipment, pool and spa filters, or other mechanical equipment; barbecues; sinks and counters; fountains; freestanding fireplaces; firepits; above ground swimming pools and spas; and other structures with a fixed location that are detached from the principal building. Accessory structures greater than 14 feet in height are not permitted. Accessory structures shall be erected, structurally altered, converted, enlarged, moved, and maintained, in compliance with the following regulations:

A. Relation to Principal Buildings. An accessory building may only be constructed on a parcel with a legally-permitted principal building. Except as may be provided under Santa Monica Municipal Code 6.20, Home-Sharing and Vacation Rentals, or for accessory dwelling units established in compliance with Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, of this Code, an accessory building shall be considered part of the principal building if the accessory building is located less than 4 6 feet from the principal building or if connected to it by fully enclosed space. 147

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Packet Pg. 338 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) B. Dwelling Units in Accessory Buildings. An accessory building on a parcel occupied or proposed to be occupied by a single-unit or multiple-unit detached dwelling may only be used as a separate dwelling unit in compliance with the requirements of Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.

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

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

1. Location.
a. Accessory buildings shall be located on the rear half of the parcel and shall not extend into the minimum side yard setback except as authorized pursuant to subsections (b) and (c) below.
b. Accessory buildings no more than 14 feet in height may be located in the rear setback but shall be located at least 5 feet from the rear parcel line. A garage or garage portion of such an accessory building may extend up to one interior side parcel line within the rear 35 feet of a parcel. c. A garage or garage portion of an accessory building may extend to the rear parcel line abutting an alley, provided that vehicle access is not taken from the alley. Where vehicle access is taken from an alley, garages shall be set back at least 5 feet from the rear parcel line abutting said alley. d. Accessory buildings may be located in the rear setback and shall be located at least 15 feet from the centerline of a rear alley. e. Accessory structures shall not be located within any front or minimum side setback except as expressly authorized below:
148

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Packet Pg. 339 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) i. Fountains, fire pits, and similar ornamental landscape features not to exceed 42 inches in height.
ii. Underground mechanical equipment.
iii. Electric vehicle charging equipment shall be permitted within any minimum side setback but shall not be permitted within any minimum front setback.

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

3. Sloped Parcels.
a. Where the elevation of the ground at a point 50 feet from the front parcel line of a parcel and midway between the side parcel lines differs 12 feet or more from the curb level, a private garage, not exceeding one story nor 11 feet in height for a flat roof and one story nor 14 feet in height for a pitched roof, may be located within the required front setback, provided that every portion of the garage building is at least 5 feet from the front parcel line and does not occupy more than 50% of the width of the front parcel line.
b. In all OP Districts, a garage or garage entrance on a parcel with an existing grade differential of 10 feet or more between the midpoint of the front 149

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Packet Pg. 340 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) parcel line and the midpoint of the rear parcel line may be set back a distance equal to the average garage setback of adjacent garage(s), but not less than 5 feet, when the interior garage width does not exceed 20 feet and the height does not exceed 11 feet for a flat roof and 14 feet for a pitched roof.

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

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

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

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

3. Setbacks. The accessory building shall conform to all setback requirements of the Residential District and the following requirements:
a. A one-story garage or the garage portion of an accessory building may extend into the rear setback and may extend to one interior side property line on the rear 35 feet of a parcel.
b. The accessory building shall have the same minimum side setback requirement as the principal building on the parcel, but in no case less than 5 feet. 150

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Packet Pg. 341 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) c. The second story portion of an accessory building that is directly above the garage may extend into the required rear setback but shall be no closer than 5 feet from the rear property line, and may not extend into any minimum side setback.

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

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

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

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

I. Renting. Except as may be permitted under Santa Monica Municipal Code 6.20, Home-Sharing and Vacation Rentals, no accessory building shall be rented for any purpose or otherwise used as an accessory dwelling unit unless specifically pursuant to Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units. 151

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Packet Pg. 342 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Section 9.21.090 Outdoor Living Area
Required outdoor living areas to serve residential dwelling units shall be provided in accordance with this Section.

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

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

C. Standards and Requirements.

1. Private Outdoor Living Area.
a. Private outdoor living area (e.g., yards, decks, patios, balconies) shall be no less than 4 feet deep.
b. For non-residentially zoned parcels, ground floor private outdoor living areas adjacent to a street shall not be permitted to be enclosed with a fence, wall, or hedge greater than 5 feet in height. Any portion of fences, walls, and hedges above 42 inches in height shall be at least 50% visually transparent. 152

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Packet Pg. 343 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

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

D. Accessibility.

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

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

E. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation for the use of residents. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing.
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Packet Pg. 344 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) F. Substitution of Private Outdoor Living Area for Certain Housing Projects.

1. 100% Affordable Housing Projects. 100% Affordable Housing Projects in any district may substitute common outdoor living area in lieu of minimum required private outdoor living area in an equivalent amount.

2. Multiple-Unit Dwelling Projects within the Air Quality Assessment Zone. For projects subject to Section 9.31.195(C), and consistent with Mitigation Measure MM AQ-2 as set forth in the 6th Cycle Housing Element Environmental Impact Report, dwelling units facing Interstate 10 or State Route 1 that are prohibited from providing outdoor spaces may substitute common outdoor living area in lieu of minimum required private outdoor living area in an equivalent amount.
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Packet Pg. 345 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) CHAPTER 9.22 DENSITY BONUS

9.22.030 Definitions
As used in this Chapter:

A. “Affordable housing cost” means affordable housing cost as defined in Health and Safety Code Section 50052.5.

B. “Affordable rent” means affordable rent as defined in Health and Safety Code Section 50053.

C. “Childcare facility” means a child daycare facility other than a family day care, including, but not limited to, infant centers, preschools, extended daycare facilities and school age childcare centers.

D. “Common interest development” means common interest development as defined in Civil Code Section 4100.

E. “Concession or incentive” means any of the following:

1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part

2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).
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Packet Pg. 346 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3. Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).

F. “Density bonus” means a density increase over the otherwise maximum allowable gross residential density as of the date of application for first planning entitlement or permit, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

G. “Development standard” means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite openspace requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.

H. “Housing development” means a development project for five or more residential units, including a mixed-use development. For purposes of this Chapter, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by the City and consists of residential units or 156

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Packet Pg. 347 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units.

I. “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.

J. “Lower income households” means lower income households as defined by Health and Safety Code Section 50079.5.

K. “Major transit stop” shall mean a major transit stop as defined in Public Resources Code Section 21155(b).

L. “Maximum allowable residential density” or “base density” means the greatest number of units allowed under the Zoning Ordinance, Article IX of this Municipal Code (the “Zoning Ordinance”), specific plan, or the Land Use and Circulation Element (LUCE), or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning district, as set forth in Division 2 of the Zoning Ordinance, specific plan, or the LUCE applicable to the project. If a housing development is subject to tiered development standards, the “maximum allowable residential density” or “base density” shall mean the greatest number of units allowed at the selected tier. 157

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Packet Pg. 348 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) M. “Moderate-income households” means moderate-income households as defined in Health and Safety Code Section 50053.

N. “Persons and families of moderate income” means persons and families of moderate income as defined in Health and Safety Code Section 50093.

O. “Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.

P. “Shared housing unit” means

1. One or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.

2. For purposes of a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, includes a unit without an individual 158

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Packet Pg. 349 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) kitchen where a unit may be shared by unrelated persons, and a unit where a room that may be shared by unrelated persons meets the “minimum room area” requirements of subsection (1), above.

Q. “Student housing development” means a development that contains bedrooms containing two or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen.

R. “Total units” or “total dwelling units” means a calculation of the number of units that:
(i) Excludes unit(s) added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus; and
(ii) Includes unit(s) designated to satisfy the requirements of Chapter 9.64, Affordable Housing Production Program.
(iii) For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.

S. “Very low income households” means very low income households as defined in Health and Safety Code Section 50105.

T. “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes 159

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Packet Pg. 350 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.

9.22.040 Eligibility
A. Except as set forth in subsection B, a housing development project shall be eligible for a density bonus and additional incentives, concessions, waivers or reductions of development standards, and parking ratios as set forth in this Section.

1. The City will grant one density bonus, the amount of which shall be specified in Section 9.22.050, and, if requested by the applicant and consistent with the applicable requirements of this Chapter, incentives and concessions, as set forth in Section

9.22.060(A) and (B), waivers or reductions of development standards, as set forth in Section 9.22.070, and parking ratios, as described in Section 9.22.060(C), to the applicant of a housing development when the applicant seeks and agrees to construct a housing development project that will, excluding any units permitted by the density bonus awarded pursuant to this Chapter, contain at least any one of the following:
a. 10% of the total units of the housing development, including shared housing building development, for lower income households; b. 5% of the total units of the housing development, including shared housing building development, for very low income households; c. A senior citizen housing development as defined in Section 51.3 and

51.12 of the Civil Code or a qualifying mobile home park that limits residency based 160

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Packet Pg. 351 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) on age requirements for older persons pursuant to Section 798.76 or 799.5 of the Civil Code, including a shared housing building development meeting this criteria and a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code;
d. 10% of the total units of a housing development are sold to persons and families of moderate income, provided that all units in the development are offered to the public for purchase;
e. 10% of the total units of a housing development for transitional foster youth, as defined by Section 66025.9 of the Education Code, disabled veterans, as defined by Section 18541 of the Government Code, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) affordable at the same level as very low income units; f. 20% of the total units for lower income students in a student housing development that meets the requirements of Government Code Section 65915(b)(1)(F);
g. 100% of all units in the development, or shared housing building development, including total units and density bonus, but exclusive of manager’s unit or units, are for lower income households, except that up to 20% of the units in the development, including total units and density bonus units, may be for moderate-income households; or
h. 100% Affordable Housing Projects as defined in Section

9.52.020.0050.
161

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Packet Pg. 352 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

2. Land Donations. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City in accordance with Government Code Section 65915(g) shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(g).

3. Housing Development with Childcare Facility. An applicant that proposes to construct a housing development that conforms to the requirements of subsection (A)(1) and that also includes a childcare facility that will be located on the premises of, as part of, or adjacent to the project shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(h).

B. Notwithstanding subsection A, an applicant that submits an application for housing development, including a planning entitlement or permit, shall be ineligible for a density bonus or any other incentive or concession under this Chapter if the housing development is proposed on a property that includes a parcel or parcels that contains: (1) rental dwelling units that are located, or, if the dwelling units have been vacated or demolished in the 5-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of lower or very low income; (2) rental units that are controlled rental units pursuant to City Charter Section 1800 et seq., subject to Civil Code Section 1947.12, or subject to any other form of State or local rent or price control; or (3) units occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:
162

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Packet Pg. 353 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

1. The proposed housing development, inclusive of the units replaced pursuant to this Section, contains affordable units at the percentages set forth in Section

9.22.050(B).

2. Each unit in the development, exclusive of manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.

C. For purposes of this Section, “replace” shall mean either of the following:

1. If any dwelling units described in this Section are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.

For unoccupied dwelling units described in subsection A in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the 163

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Packet Pg. 354 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.

All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, the replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with Section 9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).

2. If all dwelling units described in subsection A have been vacated or demolished within the 5-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the 5-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental, the replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with 164

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Packet Pg. 355 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) subsection 9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).

3. Notwithstanding paragraphs (1) and (2), for any dwelling unit described in subsection A that is or was, within the 5-year period preceding the application, a controlled rental unit pursuant to City Charter Section 1800 et seq., a rental unit subject to Civil Code Section 1947.12, or a rental unit subject to any other form of State or local rent or price control, and that is or was occupied by persons or families above lower income, replacement units must be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units shall be replaced subject to Government Code Section 65915(c)(2).

4. For purposes of this Section, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

9.22.050 Density Bonus
A. An eligible applicant under Section 9.22.040 may seek a density bonus in the amounts set forth in this Section and in accordance with the procedures set forth in Section 9.22.080. Applicants may request a lesser percentage of density increase than that which is available for a housing development under this Section, including, but not limited to, no increase in density; however, the City shall not be required to similarly reduce the number of units required to be dedicated pursuant to this Section and Government Code Section 65915(b).
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Packet Pg. 356 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) B. Determining Density Bonus Percentage. Subject to the provisions of subsection 7, below, the number of density bonus units to be granted shall be determined as follows:

1. For housing developments that meet the criteria of Section

9.22.040(A)(1)(a), the density bonus shall be calculated as follows:

Percentage Low-Income Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
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Packet Pg. 357 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

2. For housing developments that meet the criteria of Section

9.22.040(A)(1)(b), the density bonus shall be calculated as follows:

Percentage Very Low Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50

3. For housing developments that do not meet the criteria set forth in subsections 1 and 2, above, the density bonus shall be calculated as follows:
a. For housing developments that meet the criteria of Section

9.22.040(A)(1)(c), the density bonus shall be 20% of the number of senior housing units.
b. For housing developments that meet the criteria of Section

9.22.040(A)(1)(e), the density bonus shall be 20% of the number of the type of units giving rise to a density bonus under that paragraph. c. For housing developments that meet the criteria of Section

9.22.040(A)(1)(f), the density bonus shall be calculated as follows:
167

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Packet Pg. 358 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Percentage Lower-Income Units Percentage Density Bonus
20 35
21 38.75
22 42.5
23 46.25
24 50
d. For 100% Affordable Housing Projects or housing developments that meet the criteria of Section 9.22.040(A)(1)(g), the following shall apply:
i. Except as otherwise provided in clause (ii), the density bonus shall be 80% of the number of units for lower income households. ii. If the housing development is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, there shall be no maximum control on density.

4. For housing developments that meet the criteria of Section

9.22.040(A)(1)(d), the density bonus shall be calculated as follows:

Percentage Moderate-Income Units Percentage Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
168

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Packet Pg. 359 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) Percentage Moderate
-Income Units Percentage Density Bonus
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
169

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Packet Pg. 360 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

5. Housing developments that meet the criteria of Section 9.22.040(A)(1) are eligible for an additional density bonus as set forth in this subsection. a. To be eligible for an additional density bonus, a housing development shall meet the following requirements:
i. The resulting housing development would not restrict more than 50% of the total units to moderate-income, lower income, or very low income households;
ii. The housing development includes additional rental or forsale units affordable to very low income households or moderate income households, and meets any of the following requirements:

A. Conforms to the requirements of Section 9.22.040(A)(1)(a) and provides 24 percent of the total units to lower income households.

B. Conforms to the requirements of Section 9.22.040(A)(1)(b) and provides 15 percent of the total units to very low income households.

C. Conforms to the requirements of Section 9.22.040(A)(1)(d) and provides 44 percent of the total units to moderate-income households.
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Packet Pg. 361 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) b. For housing developments that meet the criteria above, the additional density bonus shall be calculated using one of the following tables:

Additional Percentage Very Low Income
Units
Additional Percentage Density Bonus
5 20
6 23.75
7 27.5
8 31.25
9 35
10 38.75
Additional Percentage Moderate-Income
Units
Additional Percentage Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.78
13 42.5
14 46.25
15 50
c. The increase required by this subsection shall be in addition to any increase to density granted by Section 9.22.050(A)(1-4). 171

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Packet Pg. 362 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) d. The additional density bonus granted under this subsection shall be calculated using the number of units excluding any density bonus awarded by this Chapter.

6. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City in accordance with Government Code Section 65915(g) shall be entitled to a density bonus as provided by Government Code Section 65915(g).

7. To calculate density bonus for housing developments that provide onsite affordable units in accordance with Chapter 9.64, Affordable Housing Production Program, onsite affordable units required by Chapter 9.64 for housing development projects consisting of 20 units or more, shall be counted as very low-income units.

C. Calculating Base Density

1. In residential districts, the maximum allowable residential or base density, as defined in 9.22.030(L), shall be determined using dwelling units per acre. All base density calculations resulting in fractional units will be rounded up to the next whole number.

2. Except as provided in subsection (3) below, in non-residential districts which do not provide a dwelling-units-per-acre standard for density, the maximum allowable residential or base density shall be calculated by:
a. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space 172

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Packet Pg. 363 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) requirements, minimum percentage or square footage of any non-residential component, and parking requirements, unless not required for the base project.

Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. Applicants may provide a base density study which the City shall accept, provided that it includes all applicable objective development standards.
b. Maintaining the same average unit size and other project details relevant to the base density study, except those development standards or requirements that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.
c. All base density calculations resulting in fractional units will be rounded up to the next whole number.

3. Notwithstanding subsection (2), for any housing development subject to tiered development standards, the maximum allowable residential density shall be based on the maximum number of units allowed for the selected tier in the zoning district. The maximum allowable residential or base density shall be calculated by:
a. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any non-residential component, and parking requirements, unless not required for the base project.

Parking requirements shall include considerations regarding number of spaces, 173

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Packet Pg. 364 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) location, design, type, and circulation. Applicants may provide a base density study which the City shall accept, provided that it includes all applicable objective development standards.
b. Maintaining the same average unit size and other project details relevant to the base density study, except those development standards or requirements that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.

D. Calculating Density Bonus.

1. Density bonus shall be calculated by the following formula:

Density bonus = base density X percentage density bonus granted Eligibility for any additional density bonus granted under Section 9.22.050(B)(5) shall require first calculating the maximum density bonus granted by Section

9.22.050(B)(1-4).

2. Except as provided in Section 9.22.050(B)(5), for purposes of calculating the amount of the density bonus pursuant to subsection B, a housing development is entitled to only one density bonus over maximum allowable residential density or base density. An applicant who requests a density bonus must elect whether the bonus shall be awarded on the basis of Section 9.22.040(A)(1)(a), (b), (c), (d), (e), (f), (g), or (h).

Density bonuses from more than one category may not be combined.

3. All density calculations resulting in fractional units will be rounded up to the next whole number.
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Packet Pg. 365 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

4. For purposes of calculating a density bonus pursuant to subsection B for a shared housing building, “unit” means one shared housing unit and its pro-rated share of associated common area facilities.

5. For purposes of calculating a density bonus pursuant to subsection B, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

E. Continued Affordability. Prior to issuance of a building permit, an applicant shall agree to continued affordability of restricted affordable units in accordance with Government Code Section 65915(c) and Section 9.64.130, of Chapter 9.64 Affordable Housing Production Program, and the Administrative Guidelines adopted thereto. 175

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Packet Pg. 366 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

9.22.060 Incentives and Concessions for Affordable Housing A. An eligible applicant under Section 9.22.040 may request the following numbers of incentives or concessions in accordance with the procedures set forth in Section

9.22.080:

Minimum Percentage of Affordable Units Number of Incentives and Concessions Permitted
• 5% Very Low,
• 10% Low
• 10% Moderate in for-sale developments, or
• 20% of the total units for lower income students in
a student housing development that meets the
requirements of Government Code Section
65915(b)(1)(F).
1 • 10% Very Low,
• 17% Low
• 20% Moderate in for-sale developments, or
• 23% of the total units for lower income students in
a student housing development that meets the
requirements of Government Code Section
65915(b)(1)(F).
2 • 15% Very Low,
• 24% Low, or
• 30% Moderate in for-sale developments
3 • 16% Very Low, or
• 45% Moderate in for-sale developments 4
• 100% Affordable Housing Projects or projects
meeting the criteria of Section 9.22.040(A)(1)(g) 5
To calculate the number of incentives and concessions for housing development projects consisting of 20 units or more that provide onsite affordable units in accordance with Chapter 9.64, Affordable Housing Production Program, onsite affordable units required by Chapter 9.64 shall be counted as very low-income units.

B. By-Right Incentives or Concessions. Without following the procedures in Section 9.22.080, the Director shall approve requested incentives and concessions as follows:
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Packet Pg. 367 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

1. For housing developments in residential zones:
a. Up to a 15% deviation from one side setback requirement. b. Up to a 10% increase in floor area.
c. Up to a 15% deviation from rear setback requirements. d. Up to one additional story and six feet of building height.

2. For housing developments in all non-residential zones:
a. Up to an additional 11 feet of Building Height.
b. Up to a 10% reduction in Minimum Ground Floor height. c. Up to a 50% decrease in private outdoor living area per unit, provided that an equivalent amount is substituted for common outdoor living area. d. Up to a 5% decrease in unit mix requirement for market rate units only.
e. Up to a 10% decrease in residential parking requirement. f. Up to a 10% decrease in long-term residential bicycle parking. g. Additional floor area to accommodate the density bonus units based on project’s average unit size.

3. In addition to the above, for 100% Affordable Housing Projects or projects meeting the criteria of Section 9.22.040(A)(1)(g) located within one-half mile of a major transit stop or located in a very low vehicle travel area in a designated county:
a. Height increase of up to three additional stories, or 33 feet. This shall not count towards one of the five incentives or concessions available for 100% Affordable Housing Projects or projects meeting the criteria of Section

9.22.040(A)(1)(g).
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Packet Pg. 368 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) C. By Right Parking Incentives. In addition to the above, an eligible project under Section 9.22.040 shall be entitled to the parking incentives set forth in Government Code Section 65915(p).

D. Nothing in this Section limits or requires the provision of direct financial incentives for a housing development, including the provision of publicly owned land by the City or the waiver of fees or dedication requirements.
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Packet Pg. 369 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) CHAPTER 9.25 DEMOLITION AND RELOCATION
Section 9.25.050 Relocation of Buildings and Structures.

Buildings and structures may be relocated if the following requirements are met:

A. In addition to meeting the requirements of Section 9.25.040, the relocated structure shall comply with all regulations of this Ordinance including the property development standards for the Zoning District in which the structure is to be relocated, including building height, setback, floor area ratio, and unit density requirements.

However, if the relocated structure is a City-designated landmark or structure of merit, the Landmarks Commission may approve a Certificate of Appropriateness authorizing nonconforming setbacks and site orientation on the new lot.

B. Construction or rehabilitation related to the structure proposed to be relocated shall commence within 30 days and shall be completed within 365 days of the date the structure is relocated onto the property.

C. Prior to issuance of a building permit, a notice of intent to relocate approved as to form by the Building Officer shall be posted on the parcel where the building is to be relocated.
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Packet Pg. 370 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) CHAPTER 9.27 NONCONFORMING USES AND STRUCTURES
Section 9.27.050 Legal Nonconforming Uses.

A legal, nonconforming use may be maintained subject to the following provisions:

A. Change of Ownership. A change of ownership, tenancy, or management of a nonconforming use shall not affect its status as a legal, nonconforming use.

B. Abandonment. If a nonconforming use of a building, structure, or parcel ceases for a continuous period of one year or more, the use shall be considered abandoned, and the building, structure, or parcel shall thereafter be used only in accordance with the regulations for the District in which it is located except as provided below. It is the responsibility of the applicant to provide evidence demonstrating to the satisfaction of the Director that the use was legally established and has not been abandoned. Notwithstanding the above, no nonconforming residential use shall be considered abandoned regardless of the length of time of non-use unless the Director determines the building is dangerous, unsafe, a health and safety hazard, and/or uninhabitable, and these conditions cannot be remedied.

1. The one-year period to determine that a nonconforming use has been abandoned shall commence when the use ceases and any one of the following occurs:
a. The business license lapses;
b. The site is vacated;
c. The lease is terminated;
d. Utilities are terminated; or
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Packet Pg. 371 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) e. A conforming use that meets the applicable requirements of this Ordinance is lawfully established in the space previously occupied by the nonconforming use.

2. Once the one-year period has commenced under subsection (B)(1) that period shall only be terminated if the nonconforming use is fully licensed, permitted, and operational for 60 continuous days. Operational shall mean that the nonconforming use is open for business to the public and provides services typically associated with the nonconforming use during the hours and days that are customary for that nonconforming use.

3. Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires before the use resumes, the one-year period under subsection (B)(1) shall relate back and commence with the cessation of use.

4. Except as provided in subsection (B)(5), no nonconforming use may be resumed, reestablished, or reopened once it has been determined to have been abandoned for one year.

5. If the nonconforming use of a building, structure, or parcel occurred in a City-designated Historic Resource, the nonconforming use may be resumed, reestablished, or reopened even if that nonconforming use has been abandoned for more than one year and other uses have occurred since that abandonment if a Conditional Use Permit is obtained based on the following findings:
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Packet Pg. 372 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) a. The City-designated Historic Resource was not in residential use as of December 16, 2014;
b. The proposed use is compatible with existing and permissible land uses within the District and the general area in which the proposed use is to be located;
c. The proposed use is compatible with any of the land uses presently on the subject parcel if the land uses are to remain; d. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood; e. The subject parcel is physically suitable for the type of land use being proposed; and
f. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare.

6. Notwithstanding the foregoing, or anything to the contrary in this Ordinance, the following legal, nonconforming uses may be resumed, reestablished, or reopened, even if that nonconforming use has been abandoned for more than one year, unless a conforming use that meets the applicable requirements of the Zoning Ordinance has been lawfully established in the space previously occupied by the nonconforming use:
a. In areas excluding the Third Street Promenade Area:
i. Restaurant, full service,
ii. Restaurant, limited service and take-out,
iii. Food hall,
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Packet Pg. 373 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) iv. General retail sales, small scale, and
v. General retail sales, medium scale;
b. In the Third Street Promenade Area:
i. Bar/nightclub/lounge,
ii. Restaurant, full service,
iii. Restaurant, limited service and take-out,
iv. Food hall,
v. General retail sales, small scale, and
vi. General retail sales, medium scale.

C. Conversion to Conforming Use. If a nonconforming use is converted to a conforming use, the nonconforming use may not be resumed except as authorized by subsection (B)(5).

D. Expansion of Nonconforming Use. A nonconforming use of a building or portion of a building that conforms to the development standards of this Chapter shall neither be expanded into any other portion of the building nor changed except to a conforming use. The nonconforming use of land shall not be expanded or extended in area, except that outdoor dining areas and other outdoor spaces permitted pursuant to Sections 9.31.199, Outdoor Commercial Uses on Private Property, and 9.31.200, Outdoor Dining and Seating on Sidewalks, shall not be considered an expansion in area for the purposes of this subsection.

E. Intensification of Uses. A nonconforming use shall not be permitted to substantially change in mode or character of operation. A substantial change in mode or character of operation shall include, but is not limited to, addition of uses, a change 183

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Packet Pg. 374 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) in operational hours that extends past 11:00 p.m. any night Sunday through Thursday and/or midnight on Friday and/or Saturday or begins before 7:00 a.m., a 5% increase in the floor area of the premises, or a 5% increase in the number of seats in any restaurant, but in no case shall the increase exceed any established seating limitation in the underlying zoning district.

F. Continuation/Reinstatement. The uses existing in a structure that have been restored pursuant to Section 9.27.040 may be continued/reinstated in the reconstructed/replacement structure so long as no continued/reinstated nonconforming uses are expanded, changed or substituted.

G. Legal, Nonconforming Rent-Controlled Multiple-Unit Properties.

Notwithstanding subsection (D), existing multi-unit residential units in the R1 SingleUnit Residential District that are presently controlled by Article XVIII of the City Charter may be expanded in area provided such expansion complies with all other applicable Code provisions, including those governing height, number of stories, setbacks, stepbacks, floor area ratio, and off-street parking (unless the City's Parking and Traffic Engineer determines that the provision of parking is not feasible), and the number of housing units on the multi-unit residential property does not increase. 184

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Packet Pg. 375 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) CHAPTER 9.31 STANDARDS FOR SPECIFIC USES AND ACTIVITIES Section 9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units A. Purpose. The purpose of this Section is to allow and regulate accessory dwelling units and junior accessory dwelling units in compliance with California Government Code Sections 66310 et seq. and, in doing so, to increase the supply of diverse housing choices in the City. This section shall not be considered in the application of any City ordinance, policy, or program to limit residential growth. Notwithstanding the accessory building and structure standards of Section 9.21.020, accessory dwelling units and junior accessory dwelling units shall be developed, located, and operated in accordance with the following standards.

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

1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary residence.

It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom as those terms are defined, on the same parcel as the single-unit or multiple-unit dwelling is or will be situated. An ADU also includes the following:
a. An efficiency unit.
b. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
185

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Packet Pg. 376 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same parcel.

3. “Detached” means a separation of 4 feet between an ADU and a primary unit measured from exterior walls. Detached ADUs may be attached to other detached accessory structures or detached ADUs.

4. “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

5. “Junior accessory dwelling unit” or “JADU” means a unit that is no more than 500 square feet in size and contained entirely within a single-unit dwelling. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

6. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

7. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

8. “Local agency” means a city, county, or city and county, whether general law or chartered.

9. “Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.

10. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. 186

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Packet Pg. 377 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading)

11. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

12. “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.

13. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

14. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

15. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

C. Consistency with General Plan, Zoning, and Allowable Density. An ADU or JADU that conforms to all standards of this Section shall be deemed to be consistent with the City’s General Plan and zoning designation for the parcel on which the ADU or JADU is located and shall be deemed to meet the allowable density for the parcel on which the ADU or JADU is located.

D. ADUs and JADUs Permitted By-Right. An ADU or JADU that conforms to all standards of this Section shall be permitted by-right, and, consistent with subsection G, below, shall be considered and approved ministerially without discretionary review or a hearing.
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Packet Pg. 378 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) E. Establishment of ADUs and JADUs.

1. Except as provided in subsection 2, below, an ADU or JADU that meets the requirements of this Section may be established on any legal parcel that is zoned to allow for single-unit or multiple-unit dwelling residential use and on which a primary single-unit dwelling or multiple-unit dwelling has been previously established or is proposed to be established in conjunction with construction of the ADU or JADU.

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

F. Application of Generally Applicable Municipal Code Provisions. An ADU or JADU shall conform to the land use regulations and development standards of this Section and all other applicable provisions of this Municipal Code, including, but not limited to, the provisions of Article VIII, Building Regulations.

G. Procedures. Applications for ADUs and JADUs shall be considered and approved ministerially without discretionary review or a hearing in accordance with this subsection as follows:

1. The City shall either approve or deny the application to establish an ADU or a JADU within the following timeframes:
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Packet Pg. 379 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) a. On Parcels with an Existing Single-Unit or Multiple-Unit Dwelling.

The City shall approve or deny an application for an ADU or JADU within 60 days from the date the City receives a completed application. b. On Parcels with a Proposed Single-Unit or Multiple-Unit Dwelling.

The City shall approve or deny an application for an ADU or JADU that is submitted with an application to create a new single-unit or multiple-unit dwelling at the same time the City approves or denies the application to create the new single-unit or multiple-unit dwelling. The application to establish the ADU or JADU shall be considered without discretionary review or hearing.
c. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
d. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.

2. If the City denies an application for an ADU or JADU, the City shall, within the time periods described in subsection (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

3. The City shall not deny an application for a permit to create an ADU or JADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU.
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Packet Pg. 380 Attachment: CDD-Ord-2025 Housing Updates 2d 052725 with Exhibit A (7099 : Zoning Ordinance Update - Second Reading) H. Maximum Number of ADUs and JADUs. The maximum number of ADUs and JADUs that may be permitted on a single parcel utilizing I and/or J, below, shall be as follows:

1. ADUs and JADUs in Conjunction with Single-Unit Dwellings:
a. One converted ADU pursuant to (I)(1)(a) or (J)(1)(a); b. One JADU pursuant to (I)(1)(b) or (J)(1)(a);
c. One detached ADU pursuant to (I)(1)(c) or (J)(1)(b); and d. One ADU pursuant to (I)(1)(d).

2. ADUs and JADUs in Conjunction with Multiple-Unit Dwellings a. One ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater, established within existing non-livable space pursuant to (I)(2)(a) or (J)(1)(c); and
b. Up to two detached ADUs on a parcel with a proposed multiple-unit dwelling, or up to eight detached ADUs are permitted on a parcel with an existing multiple-unit dwelling, not to exceed the number of existing units, pursuant to (I)(2)(b) or (J)(1)(d).