1 City Council Meeting: October 13, 2026 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING THE TEXT OF THE ZONING ORDINANCE: (1) FOR
CONSISTENCY WITH STATE LAW, INCLUDING PROVISIONS TO CLARIFY
COMMERCIAL FLOOR AREA RATIO LIMITATIONS, INCENTIVES AND
CONCESSIONS UNDER STATE DENSITY BONUS LAW, HOUSING PROJECT
DEFINITIONS UNDER THE HOUSING ACCOUNTABILITY ACT, ACCESSORY
DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT INTERIOR LIVING
SPACE AND OWNER OCCUPANCY REQUIREMENTS, AND UNBUNDLED PARKING REQUIREMENTS; AND (2) TO MAKE OTHER MINOR CHANGES, CORRECTIONS,
AND CLARIFICATIONS AS NECESSARY
WHEREAS, during the 2025 – 2026 legislative session, the California Legislature passed a series of new laws that address processing timelines, transit-oriented development, density bonus, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), and permit reform, among other items (the “2025-2026 State Housing Package"); and
WHEREAS, the 2025-2026 State Housing Package includes Senate Bill (“SB”) 92, which provides that concessions and incentives shall not result in a project with a commercial Floor Area Ratio (FAR) greater than 2.5 times the site’s current base commercial FAR; and
WHEREAS, the 2025-2026 State Housing Package includes Assembly Bill (“AB”) 87, which provides that a local agency is not required to grant waivers or incentive/concessions under State Density Bonus law applicable to a hotel, motel, or transient lodging; and
2 WHEREAS, the 2025-2026 State Housing Package includes SB 838, which revises the Housing Accountability Act (HAA) definition of a housing project that is a 2/3 mixed use project to exclude projects that include hotels and motels; and WHEREAS, the 2025-2026 State Housing Package includes SB 543, which streamlines ADU and JADU construction by codifying Housing and Community Development (HCD) guidelines, capping JADUs at 500 square feet (SF) of interior livable space, and exempting ADUs under 750 SF and JADUs under 500 SF from school impact fees; and
WHEREAS, the 2025-2026 State Housing Package includes AB 1154, which changes the requirements for JADU ordinances, such that owner-occupancy is not required if there are separate sanitation facilities and clarifies that any rental of a JADU must be for more than 30 days; and
WHEREAS, amendments to the text of Santa Monica Municipal Code (“SMMC”) Chapters 9.22, Density Bonus, 9.31, Standards for Specific Uses and Activities, and 9.52, Terms and Definitions, are necessary for consistency with the 2025-2026 State Housing Package; and
WHEREAS, SMMC Section 9.28.110 currently requires parking to be unbundled from residential rents for projects containing four or more dwelling units; however, this provision only becomes effective if SMMC Chapter 3.08, Preferential Parking Zones, or any successor thereto, is amended to establish this requirement; and WHEREAS, on October 13, 2023, AB 1317 was passed, adding Section 1947.13 to the Civil Code; and
3 WHEREAS, AB 1317 requires owners of qualifying residential properties of 16 units or more that provide parking to lease or charge parking separately from the cost of residential rent, commonly referred to as "unbundled parking”; and WHEREAS, amendments to the text of SMMC Section 9.28.110 are required to align with State requirements, promote housing affordability by allowing residents to opt out of paying for parking they do not need, and support the City's transportation demand management and sustainability goals; and
WHEREAS, further amendments are necessary to make minor changes, corrections, and clarifications to SMMC Article 9, Planning and Zoning; and WHEREAS, these minor changes, corrections, and clarifications include amendments to: (1) Table 9.08.030, noting that, for qualifying projects meeting the requirements of Government Code Section 66499.41, up to 10 units may be permitted in multi-unit residential districts; (2) Section 9.52.020.0292, revising the definition for accessory buildings with respect to separation requirements to align with previously adopted amendments and state law requirements; (3) Section 9.31.035, clarifying height allowances for bonus residential amenities in conjunction with adaptive reuse projects; (4) Section 9.31.195, clarifying that determinations by the Regional Water Quality Control Board and/or Department of Toxic Substances Control are required when a site contains contaminated soil and/or groundwater at or above regulatory levels; (5) Section 9.55.190, clarifying thresholds required for administrative design review; and (6) Section 9.64.050, omitting language requiring affordable units be dispersed throughout the multiple-unit project where the existing reference to Health and Safety Code Section 17929(a)(2) 4 already mandates such distribution and any additional language may run afoul of guidance from the Department of Housing and Community Development (“HCD”); and WHEREAS, on March 4, 2026, in accordance with SMMC Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 26-003 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance for consistency with recent updates to state law and to make other minor changes, corrections, and clarifications; and WHEREAS, on July 15, 2026, in accordance with SMMC Section 9.46.030(B), the Planning Commission adopted Resolution Number 26-013 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance for consistency with existing state law related to unbundled parking, to modify the community meeting requirements for housing projects, and to make other minor changes, corrections, and clarifications as necessary; and WHEREAS, on September 2, 2026, in accordance with SMMC Section 9.46.060, the Planning Commission conducted a duly noticed public hearing and adopted Resolution Number 26-015 to ensure consistency with existing state law and to make other minor changes, corrections, and clarification as necessary, with the amendments to the community meeting requirements for housing projects continued to a future date; and
WHEREAS, on October 13, 2026, the City Council conducted a duly noticed hearing and now desires to amend the text of the Zoning Ordinance to ensure consistency with recent and existing state law as stated herein and to make other minor changes, corrections, and clarifications as necessary.
5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.46.070(B), the City Council does hereby amend the text of the Zoning Ordinance to ensure consistency with recent and existing state law and to make other minor changes, corrections, and clarification as necessary, as set forth in Exhibit A. In making this recommendation, the City Council hereby finds and declares that, for the reasons articulated above, and in the staff report dated October 13, 2026:
A. The proposed amendments are consistent with the General Plan and any applicable Specific Plans 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 approvals by providing additional clarity to current regulations, and increase transparency and ease of use.
B. The proposed amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote and protect the public health, safety, and general welfare in that the amendments are necessary to ensure consistency with State law, streamline and facilitate diverse housing opportunities in the City 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. 6 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:
_________________________
HEIDI VON TONGELN
City Attorney
7 EXHIBIT A
Section 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
For qualifying projects
meeting the requirements of
Government Code Section
66499.41, up to 10 units
may be permitted.
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
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
1 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
Tier1 Non-Housing Projects—Base
Standard
1.0 1.0 1.5
Tier2 Non-Housing Projects—With
Provision of Community Benefits
NA 1.5 2.0 Chapter 9.23, Community
Benefits
2 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
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).
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).
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
3 (excluding ADUs).
Parking See Sections 9.28.070, Location of Parking
and 9.28.120, Parking Design and
Development Standards
4 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
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
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 5 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 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; OneStory 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.
a. Maximum Building Height. Maximum building height shall be 40 6 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 midpoint 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. 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.
b. 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. For qualifying projects meeting the requirements of Government Code Section 66499.41, up to 10 units may be 7 permitted.
c. Maximum Floor Area Ratio. 1.5 base standard.
d. 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. e. 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 dwelling unit (excluding ADUs).
f. 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. 8 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).
g. 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. h. 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 minimum of 20 feet in width and 40 feet in height measured from the property line parallel to the Pacific Coast Highway.
i. Parking. Uncovered parking may be located in the front half of the parcel and within the minimum required front setback.
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 1 square foot of common open space for each square foot of required 9 private open space.
k. 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 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 10 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 1 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. For qualifying projects meeting the requirements of Government Code Section 66499.41, up to 10 units may be permitted.
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. 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:
11 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 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 12 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 1 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, Large; Family Day Care, Small; Residential Care, Limited; Supportive Housing; Transitional Housing; Hospice, Limited; OneStory 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 13 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, 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 14 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. For qualifying projects meeting the requirements of Government Code Section 66499.41, up to 10 units may be permitted. 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).
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 15 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 1 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 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 16 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 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.
17 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:
a. 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
b. 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 18 (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:
a. 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
b. 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:
a. 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
b. 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).
E. Special Project Design and Development Standards. The new construction of or new addition to a principal building shall comply with the following standards:
19 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 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 20 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.
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 21 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.
22 Section 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 on-site affordable units in accordance with Chapter 9.64, Affordable Housing Production Program, on-site affordable units required by Chapter 9.64 shall be counted as very low-income units. 23 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:
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 nonresidential 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:
24 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).
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. Commercial Floor Area Limitation. A concession or incentive shall not result in a proposed project with a commercial floor area ratio that is greater than two and a half times the parcel’s current allowed base zone commercial floor area ratio. This provision shall not apply to proposed projects that have submitted a preliminary application or an entitlement application prior to January 1, 2026.
D. E. 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.
Section 9.22.080. Procedures.
The following procedures shall govern the processing of a request for a density bonus, incentive or concession, waiver or reduction of a development standard, or revised parking standard:
A. An application for a density bonus, incentive or concession, waiver or reduction of a development standard, or revised parking standard pursuant to this Chapter shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications in accordance with applicable State 25 law, including, but not limited to, the Permit Streamlining Act, required for the housing development. The application shall be submitted on a form prescribed by the City and shall include at least the following information:
1. Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units;
2. Target income of affordable housing units and proposals for ensuring affordability;
3. Description of any requested incentives or concessions, waivers or reductions of development standards, or modified parking standards. a. For all incentives or concessions that are not included within the menu of incentives or concessions set forth in subsections B and C of Section
9.22.060, the application shall include adequate information for the City to make a determination that the requested incentives and concessions result in identifiable and actual cost reductions,
b. For any requested waiver or reduction of a development standard, the applicant shall provide adequate information for the City to make a determination that the development standard for which the waiver or reduction is requested will have the effect of physically precluding the construction of the residential project with the density bonus incentives requested;
4. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be donated provide proof of site control, and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(g) can be made; and 26 5. If a density bonus or concession is requested for a childcare facility, the application shall show the location and square footage of the childcare facilities and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(h) can be made.
B. In accordance with State law, neither the granting of a concession or incentive, or waiver or reduction, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, Zoning Ordinance, variance, or other discretionary approval.
C. For housing developments requesting an incentive or concession not included within the menu of by-right incentives or concessions listed in subsections B and C of Section 9.22.060 or a waiver or reduction pursuant to Section 9.22.070, the following shall apply:
1. The Director shall grant the concession or incentive requested by the applicant unless the Director makes a written finding, based upon substantial evidence, of any of the following:
a. The incentive or concession does not 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 affordable units; or
b. The concession or incentive will have a specific, adverse impact upon public health and safety, or on the physical environment or on any real property that is listed in the California Register of Historic Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, 27 adverse impact without rendering the development unaffordable to low income and moderate income households; or
c. The concession or incentive would be contrary to State or Federal law.
2. The Director shall grant the waiver or reduction if the development standard will have the effect of physically precluding the construction of a housing development at the densities permitted under Section 9.22.050, or with the concessions or incentives permitted under Section 9.22.060. Notwithstanding the foregoing, the Director shall not be required to grant a waiver or reduction if:
a. The waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact; b. The waiver or reduction would have an adverse impact on real property that is listed in the California Register of Historical Resources; c. The waiver or reduction would be contrary to State or Federal law.
D. A concession or incentive requiring approval of, or to waive or reduce development standards otherwise applicable to, a hotel, motel, bed and breakfast inn, or other transient lodging, other than a residential hotel, as defined in Section 50519 of the Health and Safety Code, as part of a housing development subject to this section, is not permitted. For purposes of this paragraph, “other transient lodging” does not include a resident’s use or marketing of their unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, subsequent to the issuance of a 28 certificate of occupancy in a manner otherwise consistent with local law. 29 Section 9.28.110. Unbundled Parking.
Unbundled parking is the practice of selling or leasing parking spaces separate from the purchase or lease of the commercial or residential use.
A. Applicability.
1. Residential Projects with 16 or more dwelling units. All off-street parking spaces in new residential structures of 16 4 dwelling units or more, or in new conversions of nonresidential buildings to residential use of 16 10 dwelling units or more as shown in Figure 9.28.110, Areas Requiring Unbundled Parking, shall be leased or sold separately from the rental or purchase fees price of the residential use. This provision shall only become effective if SMMC Chapter 3.08, Preferential Parking Zones, or any successor thereto, is amended to establish this requirement.
2. 100% Affordable Housing Projects. 100% Affordable Housing Projects shall be exempt from this provision except as otherwise required by State law.
3. Nonresidential Projects Uses of 7,500 square feet or greater. All offstreet parking spaces associated with new nonresidential uses projects as shown in Figure 9.28.110, Areas Requiring Unbundled Parking shall be leased or sold separately from the rental or purchase fees price of the commercial uses.
4. Notwithstanding the above, the unbundling requirements set forth in this Section may become optional and not mandatory, if, to the extent legally feasible, the City imposes substitute measures which would achieve a comparable level of vehicle trip reduction.
30 FIGURE 9.28.110: AREAS REQUIRING UNBUNDLED PARKING
B. Requirements.
1. All off-street parking spaces shall be unbundled from the dwelling units for the life of the residential property dwelling units.
2. Residential units of 3 or more bedrooms shall have 1 parking space bundled with the lease or ownership of the unit for the life of the development.
3. For deed-restricted affordable units, the tenant may choose to either receive 1 parking space, which shall be included within the unit's affordable rent level, or receive a rent discount equivalent to half the amount charged for monthly lease of a 31 parking space, in exchange for not receiving a parking space. Tenants of affordable units shall not be permitted to sublease their parking spaces.
4.2. All commercial parking spaces associated with new development shall be unbundled from the cost of a leased commercial space, and the cost of the parking space shall be included as in a separate line item in the commercial space parking lease.
C. Use of Unbundled Spaces. Owners or lease holders have the right of first refusal to parking spaces built for their unit or use. Remaining residential unbundled parking spaces that are not leased or sold to on-site users built for their unit or use may be leased to other on-site users or to off-site residential users on a month-to-month basis, subject to applicable state law. Remaining commercial unbundled parking spaces that are not leased or sold to on-site users may be leased to other on-site users or to offsite residential or commercial users on a month-to-month basis.
D. Reoccupancy of Use Relationship to State Law. The requirements of this Section are supplemental to applicable state law. Nothing in this Section shall be construed to waive, modify, supersede, or authorize an exception from any requirement related to unbundled parking imposed by state law, including California Civil Code Section 1947.1, or any successor statute.New owners or leaseholders shall have the opportunity to lease or purchase parking spaces built for their unit or use upon occupancy of the commercial or residential use.
32 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 66310et 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:
"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:
1. An efficiency unit.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same parcel.
33 "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.
"Efficiency unit" has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
"Junior accessory dwelling unit" or "JADU" means a unit that is no more than 500 square feet of interior livable space 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.
"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
"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. "Local agency" means a City, County, or City and County, whether general law or chartered.
"Nonconforming zoning condition" means a physical improvement on a property that does not conform to current zoning standards.
"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.
"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. 34 "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.
"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
"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. "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.
E. Establishment of ADUs and JADUs.
1. Except as provided in subsection (E)(2), below, an ADU or JADU that meets the requirements of this Section may be established on any legal parcel that is 35 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 (E)(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; b. or If it would exceed the maximum unit count permitted under subsection(E)(2) of this Section 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 8, 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:
a. Within 15 business days after the City receives an application, the City shall provide a determination of completion and provide written notice of the determination.
ab. On Parcels with an Existing Single-Unit or Multiple-Unit Dwelling. 36 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. bc. 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. cd. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
de. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.
2. If the City determines an application is incomplete or denies an application for an ADU or JADU, the City shall, within the time periods described in subsection (A)(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.
H. Maximum Number of ADUs and JADUs. The maximum number of ADUs and JADUs that may be permitted on a single parcel utilizing subsection I and/or J, below, 37 shall be as follows:
1. ADUs and JADUs in Conjunction with Single-Unit Dwellings:
a. One converted ADU pursuant to subsection (I)(1)(a) or (J)(1)(a); b. One JADU pursuant to subsection (I)(1)(b) or (J)(1)(a); c. One detached ADU pursuant to subsection (I)(1)(c) or (J)(1)(b); and d. One ADU pursuant to subsection (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 subsection (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 subsection (I)(2)(b) or (J)(1)(d).
I. Santa Monica Permitted ADUs and JADUs. This subsection establishes standards and requirements for ADUs and JADUs that are not seeking approval under subsection J, below. This subsection sets forth standards and requirements that are a bonus in addition to State law minimums to encourage and incentivize the production of diverse housing choices in the highest opportunity areas of the City, and to meet the goals and needs identified in the 6th Cycle Housing Element.
1. ADUs and JADUs in Conjunction with Single-Unit Dwellings. All ADUs and JADUs established pursuant to this subsection shall be permitted on a single parcel.
38 a. Converted ADUs. One ADU is permitted per parcel with a proposed or existing single-unit dwelling if all of the following apply:
i. The ADU is within: (1) the proposed space of a single-unit dwelling; (2) existing space of a single-unit dwelling; or (3) an existing attached or detached accessory structure.
ii. Expansion of Existing Footprint.
(1) An ADU that is established by converting floor area of an existing single-unit dwelling or an attached or detached accessory structure that is located in the front setback may only expand the footprint up to 150 square feet into the front setback to accommodate ingress and egress. The minimum size of the proposed ADU shall be 150 square feet of floor area interior livable space and no setbacks shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.
(2) An ADU that is established by converting floor area of an existing single-unit dwelling or an attached or detached accessory structure that is not located within the front setback may expand the footprint if the addition or enlargement is made to conform to all standards set forth in subsection (I)(1)(a)(iii) through (I)(1)(a)(vii), below.
iii. Setbacks.
39 (1) Front Setback. The front setback of the underlying zoning district shall apply, except as provided in subsection (3), below.
(2) Side and Rear Setbacks. 4 feet, except as provided in subsection (3), below.
(3) Notwithstanding subsections (1) and (2), above, no
setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an ADU or to a portion of an ADU.
iv. Minimum Size. The minimum size of an ADU is 150 square feet of floor area interior livable space.
v. Maximum Size. The following unit size limits apply to ADUs:
(1) The maximum size of studio or one-bedroom ADU is
850 square feet of floor area interior livable space.
(2) The maximum size of an ADU with more than one
bedroom is 1,200 square feet of floor area interior livable space. (3) Single-Unit Dwelling Conversion. Notwithstanding any of the foregoing, if there is an existing primary dwelling, the total floor area of the ADU shall not exceed 50% of the existing primary dwelling or the maximum size limits in subsections (1) and (2), above, whichever is less.
(4) Detached Accessory Structure Conversion.
40 Notwithstanding any of the foregoing, the maximum size of the ADU shall be limited to the existing floor area, as permitted to expand pursuant to subsection (I)(1)(a)(ii) above.
vi. Height.
(1) An ADU within an existing or proposed single-unit
dwelling shall comply with the height limitations of the underlying zoning district for the primary dwelling unit.
(2) A detached ADU shall not exceed two stories or 24
feet in height.
vii. Design Standards.
(1) The ADU has exterior access from the proposed or
existing single-unit dwelling.
(2) No interior access between an ADU and primary unit
or accessory structure not associated with the ADU is permitted. (3) Stepback standards of the underlying zoning district shall apply to ADUs established within the proposed or existing space of a single-unit dwelling.
(4) Upper-story outdoor space standards of the
underlying zoning district shall apply.
b. JADU. One JADU is permitted per parcel with a proposed or existing single-unit dwelling if the JADU complies with the requirements of subsection K, below, and if all the following apply:
i. The JADU is within: (1) the proposed or existing space, 41 including an attached accessory structure, of a single-unit dwelling pursuant to subsection (I)(1)(b)(ii), below or (I)(2) a newly constructed addition to an existing single-unit dwelling pursuant to subsection (I)(1)(b)(iii), below.
ii. Standards and Requirements for JADUs within the Proposed or Existing Space of a Single-Unit Dwelling.
(1) Setbacks.
(a) Front Setback. The front setback for the
underlying zoning district shall apply, except as provided in Subsection (c), below.
(b) Side and Rear Setbacks. 4 feet, except
provided in (3), below.
(c) Notwithstanding subsections (1)(a) and (1)(b)
above, no setback shall be required for an existing living area or attached accessory structure or a structure
constructed in the same location and to the same
dimensions as an existing structure that is converted to a JADU or to a portion of a JADU.
(2) Expansion of Existing Footprint.
(a) A JADU that is established by converting floor
area of an existing single-unit dwelling or an attached accessory structure that is located in the front setback may only expand the footprint up to 150 square feet into the front 42 setback to accommodate ingress and egress.
(b) A JADU that is established by converting floor
area of an existing single-unit dwelling or an attached accessory structure that is not located within the front setback may expand the footprint if the addition or
enlargement is made to conform to all standards set forth in this subsection.
(3) Minimum Size. The minimum size of a JADU is 150
square feet of floor area interior livable space.
(4) Maximum Size. The maximum size of a JADU is 500
square feet of floor area interior livable space.
(5) Height. The height limitations of the underlying zoning district shall apply.
(6) Design Standards.
(a) The JADU has exterior access from the
proposed or existing single-unit dwelling.
(b) Interior access between a primary unit and
JADU is permitted.
(c) Stepback standards of the underlying zoning
district shall apply.
(d) Upper-story outdoor space standards of the
underlying zoning district shall apply.
iii. Standards and Requirements for JADUs within a Newly 43 Constructed Addition to an Existing Single-Unit Dwelling. (1) Setbacks.
(a) Front Setback. The front setback for the
underlying zoning district shall apply.
(b) Side and Rear Setbacks. 4 feet.
(2) Minimum Size. The minimum size of a JADU is 150
square feet of floor area interior livable space.
(3) Maximum Size. The maximum size of a JADU is 500
square feet of floor area interior livable space.
(4) Height. The height limitations of the underlying zoning district shall apply.
(5) Design Standards.
(a) The JADU has exterior access from the
existing single-unit dwelling.
(b) Interior access between a primary unit and
JADU is permitted.
(c) Stepback standards of the underlying zoning
district shall apply.
(d) Upper-story outdoor space standards of the
underlying zoning district shall apply.
c. Detached ADUs. One detached, new construction, ADU is permitted per parcel with a proposed or existing single-unit dwelling if all of the following apply:
44 i. Setbacks.
(1) Front Setback. The front setback of the underlying
zoning district shall apply.
(2) Side and Rear Setbacks. 4 feet.
ii. Minimum Size. The minimum size of an ADU is 150 square feet of floor area interior livable space.
iii. Maximum Size. The following unit size limits apply:
(1) The maximum size of studio or one-bedroom ADU
is 850 square feet of floor area interior livable space. (2) The maximum size of an ADU with more than one
bedroom is 1,200 square feet of floor area interior livable space. iv. Height. 2 stories or 24 feet.
v. Design Standards.
(1) Upper-story outdoor space standards of the
underlying zoning district shall apply.
d. ADUs Located on a Parcel Within the Single-Unit Residential (R1) Zoning District. To increase the supply of diverse housing choices in the R1 Zoning District, and to meet the City's local housing goals and needs identified in the 6th Cycle Housing Element, one ADU may be constructed or established in conjunction with an existing or proposed single-unit dwelling as described below:
i. The ADU is: (1) established pursuant to subsection (I)(1)(c), above, or (I)(2) through a newly constructed addition to a proposed or existing single-unit dwelling subject to the standards set forth in 45 subsection (I)(1)(d)(ii) below.
ii. Newly Constructed Addition to a Proposed or Existing Single-Unit Dwelling. The following standards shall apply to a newly constructed attached ADU to a single-unit dwelling:
(1) Setbacks.
(a) Front Setback. The front setback of the
underlying zoning district shall apply.
(b) Side and Rear Setbacks. 4 feet.
(2) Minimum Size. The minimum size of an ADU is 150
square feet of floor area interior livable space.
(3) Maximum Size. The following unit size limits apply to ADUs:
(a) The maximum size of studio or one-bedroom
ADU is 850 square feet of floor area interior livable space. (b) The maximum size of an ADU with more than
one bedroom is 1,200 square feet of floor area of interior livable space.
(c) Notwithstanding any of the foregoing, the total
floor area of the ADU shall not exceed 50% of the primary dwelling or the maximum size limits in subsections (3)(a) and (3)(b) above, whichever is less.
(4) Height. The height limitations of the underlying zoning district shall apply.
46 (5) Design standards.
(a) The ADU has exterior access from the existing
single-unit dwelling.
(b) No interior access between an ADU and
primary unit or accessory structure not associated with the ADU is permitted.
(c) Stepback standards of the underlying zoning
district shall apply.
(d) Upper-story outdoor space standards of the
underlying zoning district shall apply.
iii. Additional Conditions.
(1) The ADU shall be used as a rental unit subject to a deed restriction in a form approved by the City Attorney or shall be separately sold or conveyed as a condominium under the
conditions set forth in Section 9.31.026.
2. ADUs in Conjunction with Multiple-Unit Dwellings.
a. Converted ADUs. At least one ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater, may be established within the portions of an existing multiple-unit dwelling that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.
b. Detached ADUs. Up to two detached ADUs are permitted on a 47 parcel with a proposed multiple-unit dwelling, or up to eight detached ADUs are permitted on a parcel with an existing multiple-unit dwelling, not to exceed the number of existing units on the parcel if all of the following apply:
i. Setbacks.
(1) Front Setback. The front setback of the underlying
zoning district shall apply.
(2) Side and Rear Setbacks. 4 feet
ii. Minimum Size. The minimum size of an ADU is 150 square feet of floor area interior livable space.
iii. Maximum Size. The following unit size limits apply to ADUs:
(1) The maximum size of studio or one-bedroom ADU
is 850 square feet of floor area interior livable space. (2) The maximum size of an ADU with more than one
bedroom is 1,200 square feet of floor area interior livable space. iv. Height. 24 feet in height.
v. Design Standards.
(1) Upper-Story Outdoor Space. The standards and
requirements of the underlying zoning district shall apply.
J. State Mandated ADUs and JADUs. Notwithstanding subsection I, above, pursuant to Government Code Section 66323, the City shall ministerially approve pursuant to subsection G, above, an application for a building permit within a residential or mixed- used zoning district to create ADUs and JADUs as set forth in subsection (J)(1), below, subject to additional conditions stated in subsection (J)(2), below. 48 1. Permitted ADUs and JADUs.
a. Single Unit Dwellings - Converted ADUs and JADUs. One ADU and one JADU per parcel with a proposed or existing single-unit dwelling if all of the following apply:
i. The ADU or JADU is within: (1) the proposed space of a single-unit dwelling; (2) existing space of a single-unit dwelling; or (3) an existing accessory structure.
ii. The ADU or JADU has exterior access from the proposed or existing single-unit dwelling.
iii. The side and rear setbacks are sufficient for fire and safety. iv. The JADU complies with the requirements of subsection K, below.
v. For ADUs and JADUs established within an existing
accessory structure, an expansion of not more than 150 square feet beyond the same physical dimensions may be permitted provided that the expansion shall be limited to accommodating ingress and egress. b. Single-Unit Dwelling - Detached ADUs. One detached, new construction, ADU that does not exceed 4-foot side and rear setbacks for a parcel with a proposed or existing single-unit dwelling. The ADU may be combined with JADU described in subsection (J)(1)(a), above, and shall comply with the following.
i. The total floor area shall not exceed 800 square feet of interior livable space.
49 ii. The height limitations as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Government Code Section 66321.
c. Multiple-Unit Dwelling - Converted ADUs. At least one ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater, may be established within the portions of an existing multiple-unit dwelling that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.
d. Multiple-Unit Dwelling - Detached ADUs. Up to two detached ADUs are permitted on a parcel with a proposed multiple-unit dwelling, or up to eight detached ADUs are permitted on a parcel with an existing multiple-unit dwelling, not to exceed the number of existing units on the parcel. The proposed detached ADUs shall be subject to the height limitations as provided in subparagraph (A), (B), or (C) of paragraph (4) of subdivision (b) of Government Code Section 66321, and side and rear setbacks of no more than 4 feet. If the existing multipleunit dwelling has a side or rear setback of less than 4 feet, the City shall not require any modification of the existing multiple-unit dwelling as a condition of approving the application to construct an ADU that satisfies the requirements of this subsection.
2. Additional Conditions.
a. No additional objective development or design standards shall be imposed on a ADU or JADU other than the ones provided in subsection (J)(1), above.
50 b. Approval of a ADU or JADU established pursuant to subsection (J)(1), above, shall not be conditioned upon the correction of nonconforming zoning conditions.
c. A rental ADU created pursuant to subsection (J)(1), above, shall be rented for a term longer than 30 days.
K. Junior Accessory Dwelling Units. JADUs established pursuant to this Section shall be subject to the following:
1. One JADU may be established per parcel zoned for single-unit dwellings with an existing or proposed single-unit dwelling. The JADU shall be established within the walls of the existing or proposed single-unit dwelling, including, but not limited to, attached garages.
2. Except as provided in subsection (k)(2)(c) below, owner-occupancy shall be required in either:
a. The single-unit dwelling in which the JADU is permitted, or b. The JADU.
c. Notwithstanding the foregoing, owner-occupancy shall not be required if the JADU has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization.
3. A deed restriction shall be recorded, which shall run with the land, and shall include the following:
a. A prohibition on the sale of the JADU separate from the sale of the single-unit dwelling, including a statement that the deed restriction may be enforced against future purchasers.
51 b. A restriction on the size and attributes of the JADU that conforms with this Section.
4. A JADU shall:
a. Include a separate entrance from the main entrance to the proposed or existing single-unit dwelling.
b. If a JADU unit does not include a separate bathroom, the JADU shall include an interior entry to the main living area of the single-unit dwelling. c. A JADUs shall include an efficiency kitchen, which shall include all of the following:
i. A cooking facility with appliances.
ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
L. Parking.
1. Required Parking. No parking shall be required for an ADU or JADU. If parking is provided, it shall comply with all development standards set forth in Chapter
9.28, Parking, Loading, and Circulation, and the requirements for the district in which the ADU or JADU is located.
2. No Replacement. When parking areas including, but not limited to, garages, carports, covered parking structures, or uncovered parking spaces, are demolished in conjunction with the construction of an ADU or JADU or converted to an ADU or JADU, the eliminated off-street parking spaces are not required to be replaced.
M. Lease Terms. An ADU or JADU shall be subject to any restrictions or requirements for lease terms that apply to all residential dwelling units in the City. In 52 addition, except as may be permitted under Santa Monica Municipal Code Chapter
6.20, Home-Sharing and Vacation Rentals, an ADU or JADU shall not be used for rentals of terms of 30 days or less. A JADU shall not be used for rentals of terms of 30 days or less.
N. Limitations on Separate Sale.
1. Except as provided in subsection (N)(2), below, no ADU or JADU may be sold or otherwise conveyed separately from the parcel and the primary dwelling (in the case of a single-unit dwelling) or from the parcel and all of the dwellings (in the case of a multiple-unit dwelling).
2. Notwithstanding the prohibition in subsection (N)(1), above, an ADU may be sold or conveyed separately from the primary residence to a qualified buyer in accordance with the provisions of Government Code Section 66340 or Section 9.31.026, Accessory Dwelling Unit Condominiums.
O. Development Impact Fees. ADUs and JADUs established pursuant to this Section shall be exempt from the impact fees specified in Chapter 9.64, Affordable Housing Production Program, Chapter 9.65, Child care Linkage Program, Chapter 9.66, Transportation Impact Fee Program, and Chapter 9.67, Parks and Recreation Development Impact Fee Program.
53 Section 9.31.035. Adaptive Reuse Projects.
A. Purpose and Intent. The purpose of this Section is to encourage and facilitate the conversion of existing buildings to new residential uses.
B. Definitions. The following words or phrases as used in this Section shall have the following meanings:
1. Adaptive Reuse Project. A housing development project that includes a change of use of all or any portion of existing floor area in any legally permitted building to a residential use.
2. Existing Building Envelope. The aggregate of building mass and building bulk that exists at the time the project application is filed.
C. Project Eligibility. Qualifying projects must meet the following provisions:
1. Existing Building Envelope. The adaptive reuse project shall be located within the existing building envelope, except as provided below in subsections (C)(2) and (C)(3).
2. Additional Stories. Additions to an adaptive reuse project shall be limited to the following: The adaptive reuse project shall in no case be permitted to add more than 1 or 2 stories above the existing building for Multiple-Unit Dwelling use as follows. a. Reallocation of Existing Floor Area. The adaptive reuse project may relocate existing floor area from one part of the existing building but in no case, exceed an additional two stories above the existing height of the building. b. Bonus New Floor Area. The adaptive reuse project may also include new floor area within the parcel(s) for residential use as set forth below:
i. Top Addition. The adaptive reuse project must not expand 54 the existing building envelope by more than a maximum of two additional stories constructed on top of the existing building for residential uses. ii. Rear/Side Additions. In addition to subsection(C)(2)(b)(i), the adaptive reuse project may also include new construction located to the rear or side of the existing building subject to the following:
(1) Parcels in the Residential Zoning Districts and
Neighborhood Commercial Zoning District. The side/rear
construction does not exceed more than one story above the highest occupiable floor of the existing building.
(2) Parcels in Other Zones. The new side/rear
construction does not exceed more than 100% of the existing building floor area and must not exceed one story above the highest occupiable floor of the existing building.
iii. Enclosure of Existing Covered Spaces at the Ground Level.
Subject to the floor area limitations of Subsection (C)(2)(b)(ii)(2) above, the adaptive reuse project may also add floor area through the enclosure of covered arcades, atria, paseos, walkways, and corridors located at the ground level, which were in existence as of December 31, 2024.
3. Bonus Story for Open Space Common Residential Amenities. One additional story of open space residential amenities (including rooftop open space) may be constructed on top of the existing building.
4. Demolition. The adaptive reuse project shall not demolish the existing building as defined in Section 9.25.030.
55 5. Conversion Types. Except as provided in subsection (C)(5)(d) below, adaptive reuse projects may only convert from:
a. Nonresidential land uses to multiple-unit dwelling use, except that conversion of any existing hotel and motel uses shall be prohibited. b. Nonresidential land uses to Live-Work use in Nonresidential Districts only.
c. Any building in a Residential District, except buildings located in the Single-Unit Residential and Ocean Park Single-Unit Residential Districts, that has never been utilized as a multiple-unit dwelling use to multiple-unit dwelling use. d. Notwithstanding any of the foregoing, any existing floor area may convert to an extremely affordable adaptive reuse project, as defined in Government Code Section 65913.12, or 100% affordable housing projects.
6. Unit Threshold. The adaptive reuse project must result in the creation of a minimum of two dwelling units. The two dwelling units shall be within the existing building envelope, except where the project is located on a parcel(s) in the Residential and Neighborhood Commercial Zoning Districts.
D. Procedures.
1. Process. Adaptive reuse projects shall be processed as Administrative Approvals pursuant to Chapter 9.39.
2. Development Impact Fees. Adaptive reuse projects shall be exempt from impact fees established pursuant to Chapter 9.66 Transportation Impact Fee, Chapter
9.65 Child Care Linkage Fee, and Chapter 9.30 Cultural Arts Fee.
3. Chapter 9.64, Affordable Housing Production Program. Adaptive 56 reuse projects under this Section are exempt from the affordable housing requirements of Chapter 9.64 Affordable Housing Production Program.
4. Relationship to Chapter 9.56, Landmarks and Historic District Ordinance. Adaptive reuse projects for City-Designated Historic Resources must comply with Chapter 9.56 Landmarks and Historic Districts Ordinance. For special development standards for preservation of Historic Resources, refer to Section
9.01.050. For preservation incentives, refer to Section 9.56.270. For modifications and waivers available to designated historic resources, refer to Section 9.43.100(G).
E. Incentives. Eligible adaptive reuse projects shall be entitled to the following incentives:
1. Legal non-conforming structures on site may be maintained as set forth in Section 9.27.030.
2. Modification and/or reduction of development standards as set forth below:
a. Residential Districts.
i. Density Limits. The addition of units shall not be counted toward the maximum density limits applicable for the parcel(s). ii. Floor Area Ratios. Where applicable, the addition of floor area shall not be counted toward the maximum floor area ratio limits applicable for the parcel(s).
iii. Stories. The addition of stories shall not be counted toward the maximum story limits applicable for the parcel(s).
iv. Building Height. Additional height up to 24 feet for Top Addition and additional height up to 12 feet for bonus story of residential 57 amenities shall not be counted toward the maximum height limits applicable for the parcel(s).
v. Floor Area Ratios. Floor area ratios shall not apply. vi. Setbacks. Existing building setbacks may remain, and additions(s) to the existing building to accommodate bonus new floor area may continue nonconforming setbacks provided that the addition(s) do(es) not extend closer than four feet to the side and rear parcel line. vii. Stepbacks. Where applicable, stepback requirements shall not apply.
viii. Transitional Requirements Adjacent to R1 District. R1 transitional requirements shall not apply.
ix. Open Space and Landscaping. Minimum outdoor living area, courtyards, and minimum planting area requirements shall not apply. x. Unit Mix. Unit mix requirements shall not apply.
xi. Off-Street Parking. Where there is existing parking, and the adaptive reuse project is outside 1/2 mile of a major transit stop, the adaptive reuse project is only required to maintain or replace at least 50% of the existing on-site parking serving an existing use. Minimum off-street parking requirements shall not apply to adaptive reuse projects located outside 1/2 mile of a major transit stop.
xii. Bicycle Parking. Long term and short-term bicycle parking requirements shall not apply.
b. Nonresidential Districts.
i. Floor Area Ratios. The addition of floor area shall not be 58 counted toward the maximum FAR limits applicable for the parcel(s). ii. Building Height. Additional height up to 24 feet for Top Addition and additional height up to 12 feet for bonus story of residential amenities shall not be counted toward the maximum height limits applicable for the parcel(s).
iii. Setbacks. Existing building setbacks may remain, and additions(s) to the existing building to accommodate bonus new floor area may continue nonconforming setbacks.
iv. Pedestrian Oriented Design. Pedestrian-oriented design requirements shall not apply.
v. Ground Floor Height. Minimum ground floor height
requirements shall not apply.
vi. Stepbacks. Building stepbacks shall not apply.
vii. Daylight Plane. Daylight plane requirements shall not apply. viii. Outdoor Living Area. Minimum outdoor living area
requirements shall not apply.
ix. Unit Mix. Unit mix requirements shall not apply.
x. Off-Street Parking. Where there is existing parking, and the adaptive reuse project is outside 1/2 mile of a major transit stop, the adaptive reuse project is only required to maintain or replace at least 50% of the existing on-site parking serving an existing use. Minimum off-street parking requirements shall not apply to adaptive reuse projects located outside 1/2 mile of a major transit stop.
59 xi. Bicycle Parking. Long term and short term bicycle parking requirements shall not apply.
xii. Loading Space. Where there is existing loading, the adaptive reuse project shall be required to maintain current, existing dimensions.
No new additional loading spaces shall be required.
60 Section 9.31.195. Multiple-Unit Dwelling Projects.
The purpose of this Section is to establish requirements for multiple-unit dwelling projects; however, 100% affordable housing projects are exempt from subsections (A) and (B) of this Section.
A. Unit Mix. Multiple-unit dwelling projects with more than 50 units shall incorporate the requirements set forth below, except Tier 2 projects shall comply with Section
9.23.030(A)(2).
1. For market rate units:
a. At least 10% of the units shall be three-bedroom units; b. At least 10% of the units shall be two-bedroom units; c. No more than 15% of the units shall be studio units;
2. Affordable housing unit mix shall be governed by Chapter 9.64, Affordable Housing Production Program.
3. The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in Chapter 9.43.
B. Transportation Demand Management. Multiple-unit dwelling projects that meet the applicability established in Section 9.53.030 shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:
1. For nonresidential components of projects, provide the following:
a. A Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(b)(viii). b. Bike valet, free of charge, during all automobile valet operating 61 hours.
2. For residential components of projects, provide a Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(c)(iv).
C. Air Quality Assessment Zone. Multiple-unit dwelling projects within the Air Quality Assessment Zone shall be required to complete a form provided by the Director that prescribes the required design features to reduce exposure to diesel particulate matter (DPM) as a part of the early project design process. Such form shall be submitted at the time of project application and shall be subject to review and approval by the Director prior to project approval.
D. Unit Replacement Requirements. Multiple-unit dwelling projects shall comply with all applicable residential unit replacement requirements in Chapter 9.34, Residential Unit Replacement Requirements.
E. Objective Design Standards for Streamlined, Ministerial Approval Process Established by Senate Bill 35. Qualifying multiple-unit dwelling projects that elect to use the streamlined, ministerial approval process established by Senate Bill 35 (SB 35), and set forth in Government Code Section 65913.4, shall be required to comply with objective design review standards, which may be established by resolution of the City Council.
F. Phase 1 Environmental Site Assessment. Multiple-unit dwelling projects in nonresidential districts or on a site identified on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 shall conduct a Phase 1 Environmental Site Assessment (ESA) to investigate for the presence of hazardous 62 materials and/or waste contamination. If the Phase 1 ESA finds that contaminated soil or groundwater is suspected to be present, the Applicant shall perform soil sampling and analysis as necessary to determine the extent of contamination. If contaminants are detected in soil, soil vapor, and/or groundwater at or above regulatory levels, then the results of the soil sampling shall be reviewed and acted no certificate of occupancy shall be issued unless the following conditions have been satisfied:
1. If the project site is on an underground storage tank site, a uniform closure letter has been issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses; or
2. The State Department of Public Health, State Water Resources Control Board, Regional Water Quality Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses. 63 Section 9.52.010. List of Terms.
30% Income Household
50% Income Household
60% Income Household
80% Income Household
100% Affordable Housing Project
Abandoned, Abandonment
Abutting, Adjoining, or Adjacent
Access
Accessory Building
Accessory Dwelling Unit
Accessory Food Service
Accessory Structure
Accessory Use
Act of Nature
Affordable Rent
Alley
Alteration
Arcade
Area Median Income (AMI)
Artist
Attic
Awning
64 Balcony
Base District
Base Height
Basement
Bathroom
Bay Window
Bedroom
Block
Buffer, Buffering
Building
Building, Accessory
Building, Principal
Building Code
Building Face
Building Envelope
Building Footprint
Building Height
Building Site
Build-To Line
California Department of Alcoholic Beverage Control (ABC) California Environmental Quality Act (CEQA)
Canopy
Car Sharing
65 Carport
Change of Use
Clerestory
City
City Council
City Engineer
City-Designated Contributing Building or Structure
City-Designated Historic Resource
City-Designated Landmark
City-Designated Structure of Merit
Commercial Boulevard
Conditionally Permitted
Construction
Corner Build-To Area
County
Courtyard
Cripple Wall
Curb Cut
Daylight Plane
Deck
Demising Wall
Demolition Development
Development Agreement
66 Director
Disability
Discretionary Permit
District
Domestic Violence Shelter
Driveway
Dwelling Unit
Easement
Effective Date
Emergency
Entrance
Environmental Review
Environmental Impact Report (EIR)
Erect
Excavation
Façade
Façade, Street-Facing
Feasible
Fee Fence
Floor Area
Floor Area Ratio
Footprint
Frontage, Street
67 Garage
Semi-Subterranean Garage
Subterranean Garage
Garage Sales
General Plan
Glare
Government Code
Grade
Average Natural Grade
Existing Grade
Finished Grade
Segmented Average
Natural Grade
Theoretical Grade
Ground Floor
Ground Floor Street Frontage
Habitation
Hazardous Materials
Height
Historic Resource
Historic Resources Inventory
Home Occupation
Household
68 Housing Project
Illegal Use
Intensity of Use
Interactive Process
Intersection, Street
Junior Accessory Dwelling Unit Kitchen
Landscape
Automatic Controller Backflow Prevention Device Groundcover Hedge
Irrigation System Landscaping
Moisture Sensing Device Mulch
Plant Area
Lighting
Foot-Candle
Light Fixture
Shielded Fixture
Lightwell
Living Quarters
Loading Space
Loft
Lot
Maintenance and Repair
Major Transit Stop
69 Manufactured Housing
Mezzanine
Mixed-Use Development
Mobile Home Park
Natural Disaster
Nonconforming Building
Nonconforming Structure
Nonconforming Use
Open Space
Open Space, Common
Open Space, Private
Open Space, Usable
Outdoor Sales, Temporary and Seasonal Outdoor Storage
Overlay District
Parapet
Parcel
Parcel, Corner
Parcel, Flag
Parcel, Key
Parcel, Reversed Corner
Parcel, Through
Parcel Area
Parcel Depth
70 Parcel Frontage
Parcel Line
Parcel Line, Front
Parcel Line, Rear
Parcel Line, Side
Parcel Width
Parking Facility
Accessory Parking
Long-Term Parking
Parking, Bicycle
Long-Term Bicycle Parking
Short-Term Bicycle Parking
Parking Space, Off-Street
Accessible Parking
Car Share Parking
Independently-Accessible Parking
Shared Parking
Stacked Parking
Tandem Parking
Unbundled Parking
Valet Parking
Parking Structure
Semi-Subterranean
71 Subterranean
Patio
Paving
Permit
Permitted Use
Person
Person with a Disability
Planning Commission
Plaza
Podium
Port Cochere
Pre-Existing
Primary Use
Private Tennis Court
Project
Public Land
Public Resources Code
Qualified Applicant
Ramp
Reasonable Accommodation
Reasonable Modification
Residential Use
Review Authority
72 Right-of-Way
Roof
Barrel Roof
Gambrel Roof
Hip Roof
Mansard Roof
Pitched Roof
Shed Roof
Roof Deck
Screening
Security Grate or Grilles
Senior Citizen
Setback
Setback, Front
Setback, Rear
Setback, Side
Setback, Street Side
Sexually-Oriented Business
Shrub
Sidewalk
Sidewalk Café
Sign-Related Definitions
Site
73 Skylight
Solar Energy System
State Historical Building Code
Story
Street
Street Tree
Street Wall
Structural Alterations
Structure
Structure, Accessory
Structure, Main
Structure, Subterranean
Structure, Temporary
Subdivision
Swimming Pool
Temporary Structure
Third Street Promenade Area
Tower
Trailer
Trash Screen/Enclosure Unit
Use
Use, Accessory
Use, Primary
74 Use Classification
Use Permit
Use Type
Utilities
Vibration
View Corridor
Wall
Window
Primary Room Window
Secondary Room Window
Yard
Zoning Administrator
Zoning District
Section 9.52.020. Definitions.
The following words or phrases as used in this Article shall have the following meanings:
9.52.020.0010 30% income household. A household whose gross income does not exceed the 30% income limits applicable to the Los Angeles-Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by HUD.
9.52.020.0020 50% income household. A household whose gross income does not exceed 50% of the area median income, adjusted for household size, as published and 75 periodically updated by HUD. 50% income households include 30% income households.
9.52.020.0030 60% income household. A household whose gross income does not exceed 60% of the area median income, adjusted for household size, as published and periodically updated by HUD. 60% income households include 50% income households.
9.52.020.0040 80% income household. A household whose gross income does not exceed 80% of the area median income, adjusted for household size, as published and periodically updated by HUD. 80% income households include 60% income households.
9.52.020.0050 100% affordable housing project. Housing projects with a minimum of 25% of the units deed restricted or restricted by an agreement approved by the City for occupancy by 60% Income Households or less and the remainder of the housing units are deed restricted or restricted by an agreement approved by the City for occupancy by 80% Income Households or less. Such projects may include nonresidential uses not to exceed 33% of the project's total floor area.
9.52.020.0060 Abandoned, abandonment. When, for a continuous period of one year or more, a nonconforming building, parcel, or use ceases. Resumption of a use after abandonment is a change of use. See Division 3, Section 9.27.050(B), Nonconforming Uses, Structures, and Parcels, for additional regulations.
9.52.020.0070 Abutting, adjoining, or adjacent. Having a common property line or district line or separated only by an alley, path, private street, or easement. 76 9.52.020.0080 Access. The place, or way through which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Article.
9.52.020.0090 Accessory building. See Building, Accessory.
9.52.020.0095 Accessory dwelling unit. An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a parcel with a proposed or existing primary single-unit or multi-unit dwelling. See Division 3, Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.
9.52.020.0100 Accessory food service. Establishments where food is located on the same parcel as or within a primary permitted use and is clearly incidental to the primary permitted use that is not an eating and drinking establishment. Food service that is more extensive than these provisions will cause this use to be considered an eating and drinking establishment subject to all of the applicable regulations. See Division 3, Section 9.31.030, Accessory Food Service, for further details.
9.52.020.0110 Accessory structure. See Structure, Accessory. 9.52.020.0120 Accessory use. See Use, Accessory.
9.52.020.0130 Act of nature. A natural occurrence such as an earthquake, flood, tidal wave, hurricane, superstorm, meteor, or tornado which causes substantial damage to buildings or property.
9.52.020.0135 Affordable rent. Affordable rent shall mean the following:
A. For 30% income households, the product of 30% times 30% of the area median income adjusted for household size appropriate for the unit. 77 B. For 50% income households, the product of 30% times 50% of the area median income adjusted for household size appropriate for the unit.
C. For 80% income households whose gross incomes exceed the maximum incomes for 50% income households, the product of 30% times 60% of the area median income adjusted for household size appropriate for the unit.
D. For moderate income households, the product of 30% times 110% of the area median income adjusted for household size appropriate for the unit.
For purposes herein, affordable rent shall be adjusted as necessary to be consistent with pertinent Federal or State statutes and regulations governing Federal or State assisted housing.
9.52.020.0140 Alley. A public way permanently reserved for access to the rear or side of properties otherwise abutting on a street.
9.52.020.0150 Alteration. Any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.
9.52.020.0160 Arcade. A public passageway or colonnade open along at least one side, except for structural supports, usually covered by a canopy or permanent roofing.
9.52.020.0165 Area median income (AMI). The median family income published from time to time by HUD for the Los Angeles-Long Beach Metropolitan Statistical Area. 78 9.52.020.0170 Artist. An individual who is recognized by critics and peers; has verifiable training, credentials, and/or reputation in the field; and works in one or more of the following areas:
A. A person who works in or is skilled in any of the fine arts, including, but not limited to, painting, drawing, sculpture, book arts, and print making; B. A person who creates imaginative works of aesthetic value, including, but not limited to, literature, poetry, play writing, film, video, digital media works, literature, costume design, photography, architecture, music composition, and conceptual art; C. A person who creates functional art, including, but not limited to, jewelry, rugs, decorative screens and grates, furniture, pottery, toys, and quilts; D. A performer, including, but not limited to, singers, musicians, dancers, actors, and performance artists.
9.52.020.0180 Attic. The area less than 7 feet in height, located above the ceiling of the top story and below the roof that is not usable as habitable or commercial space and is not accessible via a permanent access structure. An attic shall not be considered a story. City-designated landmarks may adapt attics to be habitable so long as they are within the historic building envelope and result in no change to the roofline. Such an adoption will also not be considered a story.
9.52.020.0190 Awning. An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is typically constructed of non-rigid materials on a supporting framework which projects from and is supported by the exterior wall of a building. 79 9.52.020.0200 Balcony. A platform that projects from the wall of a building 30 inches or more above grade that is accessible from the building's interior, is not accessible from the ground and is not enclosed by walls on more than 2 sides. See also Deck.
9.52.020.0210 Base district. See Zoning District.
9.52.020.0220 Base height. The maximum height to which a building or structure may be built by right pursuant to the Land Use and Circulation Element (LUCE) of the General Plan. This is also called the Tier 1 height.
9.52.020.0230 Basement. The level(s) of a structure located below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade, in which no portion of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade projects more than 3 feet above Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade. Up to 4 wall surfaces of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade may be exposed above Finished Grade, so long as this exposure does not exceed 40% of each of these wall surface areas. Each wall surface area is calculated by multiplying the height by the length of the wall. In addition, the visible wall surface height of these walls shall not exceed 3 feet above Finished Grade, except for an entrance to a garage, which must be designed to the minimum feasible width and not exceed the maximum size requirements set forth in Chapter 9.28, or for any light well or emergency egress as required by the Building Code. A basement shall not be considered a story.
9.52.020.0240 Bathroom. A room containing a sink, a toilet, and a shower and/or bathtub.
80 9.52.020.0250 Bay window. An angular or curved window that projects from the building surface.
9.52.020.0260 Bedroom. Any habitable space in a dwelling unit or accessory structure other than a kitchen or living room that is intended for or capable of being used for sleeping, is at least 70 square feet in area, is separated from other rooms by a door, and is accessible to a bathroom without crossing another bedroom.
9.52.020.0270 Block. Property bounded on all sides by a public right-of-way.
9.52.020.0280 Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials.
9.52.020.0290 Building, accessory. A detached building located on the same parcel as the principal building, which is incidental and subordinate to the principal building in terms of both size and use. A building will be considered part of the principal building if located less than 4 6 feet from the principal building or if connected to it by fully enclosed space.
9.52.020.0300 Building, principal. A building in which the principal use of the parcel on which it is located is conducted.
9.52.020.0310 Building Code. Any ordinance of the City governing the type and method of construction of buildings, signs, and sign structures and any amendments thereto and any substitute therefor, including, but not limited to, the California Building Code, the State Historic Building Code, other state-adopted uniform codes and the Minimum Building Security Standards Ordinance.
81 9.52.020.0320 Building face. The general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars shall be considered to be the face of the building.
9.52.020.0330 Building envelope. The aggregate of building mass and building bulk permitted on a parcel which is defined by height regulations, setbacks and other property development standards.
9.52.020.0340 Building footprint. See Footprint. 9.52.020.0350 Building height. See Height.
9.52.020.0360 Building site. A parcel or parcels of land occupied or to be occupied, by a main building and accessory buildings together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road, highway, or waterway.
9.52.020.0370 Build-to line. A line parallel to the parcel line where the facade of the building is required to be located.
9.52.020.0380 Buffer, buffering. An area on a parcel which is designed to separate structures and uses from the general public and/or adjacent properties to reduce negative impacts. It may include landscaping, fences, and walls.
9.52.020.0390 California Department of Alcoholic Beverage Control (ABC). The California State agency that regulates the permitting of alcohol beverage sales, including the sale of beer, wine, and distilled spirits.
9.52.020.0400 California Environmental Quality Act (CEQA). Public Resources Code Section 21000 et seq., or any successor statute and associated guidelines (California 82 Code of Regulations Section 15000 et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.
9.52.020.0410 Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.
9.52.020.0420 Car sharing. A formal or informal membership organization that owns a variety of motor vehicles that are parked in a number of different areas. Members use the motor vehicles under the terms of their membership.
9.52.020.0430 Carport. A permanently roofed structure providing space for parking or temporary storage of vehicles. It may or may not include sides, but will be considered a garage if all 4 sides are enclosed.
9.52.020.0440 Change of use. A discontinuance of an existing use and the substitution therefor of a use such that the new use represents a different use group (as defined in Chapter 9.51, Use Classifications) or is otherwise differently regulated by the zoning ordinance compared to the prior use. A change of ownership alone does not constitute a change of use. Resumption of a use after abandonment is a change of use.
9.52.020.0450 Clerestory. A window or row of windows which typically run horizontally and are located at the upper portion of a wall to allow additional light and air into a room. A clerestory is not a skylight.
9.52.020.0460 City. The City of Santa Monica.
9.52.020.0470 City Council. The City Council of the City of Santa Monica.
9.52.020.0480 City Engineer. The City Engineer of the City of Santa Monica.
9.52.020.0490 City-designated contributing building or structure. A building or 83 structure designated by the City as contributing to the designation of an area as a historic district pursuant to Section 9.56.130.
9.52.020.0500 City-designated historic resource. Any existing property or structure that is designated by the City as a Landmark, Structure of Merit, or a Contributor to a Designated Historic District.
9.52.020.0510 City-designated landmark. An improvement designated by the City as appropriate for historic preservation pursuant to Section 9.56.120.
9.52.020.0520 City-designated structure of merit. An improvement designated by the City as appropriate for official recognition pursuant to Section 9.56.090.
9.52.020.0530 Commercial boulevard. Commercial boulevards shall include the following:
A. Wilshire Boulevard between the eastern City limits and Ocean Avenue; B. Santa Monica Boulevard between the eastern City limits and Lincoln Boulevard; C. Broadway between the eastern City limits and Lincoln Boulevard; D. Colorado Avenue between the eastern City limits and Lincoln Boulevard; E. Olympic Boulevard between the eastern City limits and Lincoln Boulevard; F. Ocean Park Boulevard between the eastern City limits and Lincoln Boulevard; G. Pico Boulevard between the eastern City limits and Main Street; and H. Lincoln Boulevard between the southern City limits and Wilshire Boulevard.
9.52.020.0540 Conditionally permitted. Permitted subject to approval of a Conditional Use Permit or Minor Use Permit.
84 9.52.020.0550 Construction. Construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith.
9.52.020.0560 Corner build-to area. Area of a corner parcel where the facade of the building is required to be located.
9.52.020.0565 County. County of Los Angeles.
9.52.020.0570 Courtyard. An unroofed area that is completely or mostly enclosed by walls of a building.
9.52.020.0580 Cripple wall. The short wood stud walls that enclose a crawl space under the first floor used to support a dwelling between the concrete foundation and the ground floor of a building. It elevates the dwelling above ground to allow access to the utility lines or to level a dwelling built on a slope.
9.52.020.0590 Curb cut. A break in a curb allowing vehicle access from the roadway to a legal parking area within the parcel.
9.52.020.0600 Daylight plane. A setback or series of setbacks on new buildings which allows the flow of light and air to adjacent residential buildings and properties.
9.52.020.0610 Deck. A platform, either freestanding or attached to a building that is used for outdoor space. It typically extends from the facade of a building and is supported by pillars or posts but may be located on a flat portion of a building, such as a roof or setback. It is distinct from a patio. See also Balcony.
9.52.020.0620 Demising wall. A partition wall that separates one tenant or owner's space from another or from the building hallway or other common area. 85 9.52.020.0630 Demolition. The destruction, dismantling, or removal of a building or structure or substantial portion of a building or structure so that it constitutes demolition pursuant to the provisions of Section 9.25.030, Demolition Defined.
9.52.020.0640 Development. Any manmade change to improved or unimproved real estate, including, but not limited to, the division of a parcel of land into 2 or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, expansion, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.
9.52.020.0650 Development agreement. An agreement between the City and any person having a legal or equitable interest in real property for the development of such property and which complies with the applicable provisions of the Government Code Section 65864 et seq., and local law for such development agreements pursuant to Chapter 9.60, Development Agreements.
9.52.020.0660 Director. The Director of the Community Development Department of the City of Santa Monica or designee.
9.52.020.0670 Disability. A mental disability or a physical disability as defined by Government Code Sections 12926(j) and (m).
9.52.020.0680 Discretionary permit. A Development Review Permit, Major Modification, Variance, Minor Use Permit, or Conditional Use Permit, or any other appealable permit that requires findings to be made.
9.52.020.0690 District. See Zoning District.
9.52.020.0700 Domestic violence shelter. A residential facility that provides temporary accommodations to persons or families who have been the victims of domestic 86 violence. Such a facility may also provide meals, counseling, and other services, as well as common areas for the residents of the facility.
9.52.020.0710 Driveway. An accessway that provides vehicular access between a street and the parking or loading facilities located on an adjacent property.
9.52.020.0720 Dwelling. A structure or portion thereof that is used principally for residential occupancy.
9.52.020.0730 Dwelling unit. One or more rooms designed, occupied or intended for occupancy as separate living quarters, with full cooking, sleeping and bathroom facilities for the exclusive use of a single household. A dwelling unit shall exceed 375 square feet in size.
9.52.020.0740 Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege, or interest which one party has in the land of another.
9.52.020.0750 Effective date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.
9.52.020.0760 Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.
9.52.020.0770 Entrance. An opening, such as a door, passage, or gate, that allows access to a place.
9.52.020.0780 Environmental review. An evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.
87 9.52.020.0790 Environmental Impact Report (EIR). An Environmental Impact Report as required under the California Environmental Quality Act.
9.52.020.0800 Erect. To build, construct, attach, hang, place, suspend, or affix to or upon any surface.
9.52.020.0810 Excavation. The removal of soils or other materials below grade to install habitable space, parking, utilities, or landscaping.
9.52.020.0820 Facade. The face of the exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave and horizontally across the entire width of the building elevation.
9.52.020.0830 Facade, street-facing. Any building facade whose exterior wall faces or is within 45 degrees of parallel to an adjacent street, right-of-way, or public park, plaza, or open space.
9.52.020.0840 Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
9.52.020.0850 Fee. A payment to the City for the processing of a permit or license application by a City Agency or Department.
9.52.020.0860 Fence. An artificially-constructed barrier of any material or combination of materials erected to enclose or screen an area of land. Fences may also be walls, hedges and screen planting.
9.52.020.0870 Floor area. See Division 1, Section 9.04.080, Determining Floor Area, for rules for calculating floor area.
88 9.52.020.0880 Floor area ratio. The ratio of the total floor area of all buildings on a parcel to the total area of the parcel. See Division 1, Section 9.04.090, Determining Floor Area Ratio, for rules for calculating floor area ratio.
9.52.020.0890 Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves and subterranean and semi-subterranean levels.
9.52.020.0900 Frontage, street. That portion of a parcel that borders a public street. "Street frontage" shall be measured along the common parcel line separating said parcel or parcel of land from the public street, highway, or parkway.
9.52.020.0910 Garage. A building or portion thereof, containing accessible and usable enclosed space designed, constructed and maintained for the parking or storage of one or more motor vehicles.
9.52.020.0920 Semi-Subterranean garage. A structure located partly underground used for parking and storage of vehicles.
9.52.020.0930 Subterranean garage. A structure entirely underground, except for openings for ingress and egress.
9.52.020.0940 Garage sales. The sale or offering for sale to the general public of over 5 items of personal property on a portion of a parcel in a residentially zoned district, whether inside or outside any building.
9.52.020.0950 General Plan. The City of Santa Monica General Plan.
9.52.020.0960 Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability. 89 9.52.020.0970 Government Code. The Government Code of the State of California.
9.52.020.0980 Grade. The location of the ground surface.
9.52.020.0990 Average natural grade. See Division 1, Section 9.04.050(A)(1).
9.52.020.1000 Existing grade. The elevation of the ground at any point on a parcel as shown on the required survey submitted in conjunction with an application for a building permit or grading permit. Existing grade also may be referred to as natural grade.
9.52.020.1010 Finished grade. The finished surface of the ground, paving, lawn, or other improved surface between the building and the parcel line.
9.52.020.1020 Segmented average natural grade. See Division 1, Section
9.04.050(A)(2).
9.52.020.1030 Theoretical grade. See Division 1, Section 9.04.050(A)(3).
9.52.020.1040 Ground floor. The lowest floor of a building other than a basement that is closest to finished grade.
9.52.020.1050 Ground floor street frontage. The first level of a building, other than a basement, that borders a public street.
9.52.020.1060 Habitation. Regular and exclusive use of a space or structure for shelter and other residential purposes in a manner that is private and separate from another residence on the same parcel.
9.52.020.1070 Hazardous materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. 90 9.52.020.1080 Height. The vertical distance from a point on the ground below a structure to a point directly above. See also Division 1, Section 9.04.050, Measuring Height.
9.52.020.1090 Historic resource. Any existing property or structure that is designated as a City Landmark, Structure of Merit, or a Contributor to a Designated Historic District, or is listed on either the California Register of Historical Resources or the National Register of Historic Places.
9.52.020.1100 Historic Resources Inventory (HRI). A database containing building descriptions and evaluations of properties that exhibit potential historic, architectural, or cultural significance in Santa Monica. Each property listed on the HRI has been evaluated by professionals using nationwide standards and criteria. The HRI is used to identify properties of potential historic significance, and properties on the HRI are eligible to apply the State Historical Building Code.
9.52.020.1110 Home occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling. See Section 9.31.160, Home Occupation.
9.52.020.1120 Household. One or more persons living together in a single dwelling unit, with access to and use of all common living and eating areas and all common areas and facilities for the preparation and storage of food.
9.52.020.1125 Housing project. A use consistent with the definition of "Housing Development Project" for purposes of the Housing Accountability Act, Government Code Section 65589.5, as may be amended, consisting of any of the following:
A. Residential Units only;
91 B. Mixed-use developments consisting of residential and nonresidential uses that meet any of the following conditions:
1. A mixed-use development that meets both of the following:
a. At least two-thirds of the new or converted square footage is designated for residential use.
b. No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging.
i. Notwithstanding subdivision (b), if a mixed-use project includes a hotel, motel, bed and breakfast inn, or other transient lodging, the portion of the mixed-use project which does not include a hotel, motel, bed and breakfast inn, or other transient lodging shall be considered a housing development project.
ii. The portion of the project that includes a hotel, motel, bed and breakfast inn, or other transient lodging, shall not be eligible for any benefits conferred on a housing development project by state law, including, but not limited to, those available to a development under Government Code Section 65913.4.
iii. For purposes of this subsection, the term “other transient lodging” does not include either of the following: (1) a residential hotel, as defined in Section 50519 of the Health and Safety Code or (2) after the issuance of a certificate of occupancy, a resident’s use or marketing of a unit for homesharing in a manner consistent with Chapter 6.20, Home-Sharing and Vacation Rental .
92 2. At least 50% of the new or converted square footage is designated for residential use and the project meets both of the following:
a. The project includes at least 500 net new residential units. b. No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
3. At least 50% of the net new or converted square footage is designated for residential use and the project meets all of the following:
a. The project includes at least 500 net new residential units. b. The project involves the demolition or conversion of at least 100,000 square feet of nonresidential use.
c. The project demolishes at least 50% of the existing nonresidential uses on the site.
d. No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
C. Transitional or supportive housing.
D. Farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code.
9.52.020.1130 Illegal use. Any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits or 93 approvals required for the use at the time it was brought into existence.
9.52.020.1140 Intensity of use. The extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located, the demand for services, and persons who live, work, and visit the area.
Measures of intensity include, but are not limited to, requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light or glare generated; the number of persons attracted to the site, or, in eating establishments, the number of seats.
9.52.020.1145 Interactive process. A good faith dialogue to exchange information to identify, evaluate, and implement an accommodation or modification that allows person with a disability equal opportunity to use and enjoy a dwelling.
9.52.020.1150 Intersection, street. The area common to 2 or more intersecting streets.
9.52.020.1155 Junior accessory dwelling unit. A dwelling unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed singleunit dwelling. See Division 3, Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, for further details.
9.52.020.1160 Kitchen. A room or space within a building with appliances used for cooking or preparing food that includes at a minimum, but is not limited to, a sink, refrigerator, and built-in stove top or range.
9.52.020.1170 Landscape. The following terms are related to Division 3, Chapter 94 9.26, Landscaping.
9.52.020.1180 Automatic controller. An automatic timing device used to remotely control valves that operate an irrigation system.
9.52.020.1190 Backflow prevention device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
9.52.020.1200 Groundcover. A low growing woody or herbaceous plant with low, compact growth habits which normally crawls or spreads, and which forms a solid mat or dense cover over the ground within 2 years of installation. Mature heights of groundcover will usually range from 3 inches to 3 feet.
9.52.020.1210 Hedge. A boundary or barrier of plant material formed by a row or series of shrubs, bushes, trees, or other similar vegetation that enclose, divide, or protect an area or that prevent a person from passing between any combination of individual shrubs, bushes, trees, or other similar vegetation.
9.52.020.1220 Irrigation system. Any system, excluding water features, for distribution of water through a pressurized system within the landscape area, including, but not limited to, any system in which any portion is installed below grade or affixed to any structure.
9.52.020.1230 Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or 95 functional purpose. See Section 9.26.060.
9.52.020.1240 Moisture sensing device. A device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.
9.52.020.1250 Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
9.52.020.1260 Plant area. The portion of a parcel that is dedicated to the installation of landscaping.
9.52.020.1270 Lighting. The following terms are related to Section 9.21.080, Lighting.
9.52.020.1280 Foot-candle. A quantitative unit of measure for luminance. One footcandle is equal to the amount of light generated by one candle shining on 1 square foot surface located 1 foot away. Equal to one lumen uniformly distributed over an area of one square foot.
9.52.020.1290 Light fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.
9.52.020.1300 Shielded fixture. Outdoor light fixtures shielded or constructed so that light rays emitted by the lamp are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.
9.52.020.1310 Lightwell. The portion of buildable area that is reserved as open space 96 for light and air, usually enclosed by building walls on the subject property or adjacent property and extends for one or more floors.
9.52.020.1320 Living quarters. A structure or portion thereof that is used principally for human habitation.
9.52.020.1330 Loading space. An off-street space or berth on the same parcel with a building for the temporary parking of a vehicle while loading or unloading of goods.
9.52.020.1340 Loft. See Mezzanine. 9.52.020.1350 Lot. See Parcel.
9.52.020.1360 Maintenance and repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition.
9.52.020.1365 Major transit stop. Major transit stop as defined in Public Resources Code Section 21064.3.
9.52.020.1370 Manufactured housing. A structure as defined by Health and Safety Code Section 18007, or any successor thereto.
9.52.020.1380 Mezzanine. An intermediate floor within a building interior without walls, partitions, closets, screens or other complete enclosing interior walls or partitions that is open to the floor below and has a floor area that is no greater than one-third of the total area of the overlooked room below. When the total floor area of a mezzanine exceeds one-third of the total area of the overlooked room below it constitutes an additional story and is no longer considered a mezzanine. See Story.
9.52.020.1390 Mixed-use development. The development of a parcel or building with 97 2 or more different land uses such as, but not limited to, a combination of residential, office, manufacturing, retail, public or entertainment in a single or physically integrated group of structures.
9.52.020.1400 Mobile home park. Any area or tract of land where 2 or more lots are rented or leased, or held out for rent or lease, to accommodate mobile homes used for human habitation in accordance with Health and Safety Code Section 18214, or any successor thereto.
9.52.020.1410 Natural disaster. See Act of Nature.
9.52.020.1420 Nonconforming building. See Nonconforming Structure.
9.52.020.1430 Nonconforming structure. A building or structure that was erected in compliance with the standards and requirements in effect when it was constructed but does not comply with all of the applicable provisions of this Article including, but not limited to, density, floor area, height, setback, usable open space, and other development standards. See Chapter 9.27, Nonconforming Uses and Structures.
9.52.020.1440 Nonconforming use. An occupancy or activity that was established in compliance with the standards and requirements in effect at the time it commenced and has not been abandoned within the same structure or on the same parcel since that date but does not comply with all of the applicable provisions of this Article, including, but not limited to, permitted use, location, intensity, operational characteristics, performance standards or hours of operation. See Chapter 9.27, Nonconforming Uses and Structures.
9.52.020.1450 Open space.
98 9.52.020.1460 Open space, common. Any outdoor area, not dedicated for public use, which is designed and intended for the common use and enjoyment of the residents and guests of more than one dwelling unit.
9.52.020.1470 Open space, private. Open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
9.52.020.1480 Open space, usable. Outdoor areas that provide for outdoor living and/or recreation for the use of residents.
9.52.020.1490 Outdoor sales, temporary and seasonal. The sale or offering for sale to the general public of merchandise outside of a permanent structure on property owned or leased by the person, firm, or corporation. These sales are of a limited duration and conducted on an occasional basis, and are secondary or incidental to the principal permitted use or structure existing on the property.
9.52.020.1500 Outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 72 hours except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current Building Permit issued by the City.
9.52.020.1510 Overlay district. A zoning designation specifically delineated on the Districting Map establishing land use requirements that govern in addition to the standards set forth in the underlying base district.
9.52.020.1520 Parapet. A low wall or railing extending above the roof and along its 99 perimeter.
9.52.020.1530 Parcel. A single unit of land separated from other units of land by legal description, the boundaries of which are shown on a parcel map or final map, described in a deed, or for which a certificate of compliance has been issued pursuant to the Subdivision Map Act. [Parcel shall also include 2 or more parcels where the owner(s) have recorded a covenant with the Office of the County Recorder that states the intention of the owner(s) to combine and use the parcels as a single unit of land in compliance with City regulations.
9.52.020.1540 Parcel, corner. A parcel of land abutting 2 or more streets at their intersection, or upon 2 parts of the same street forming an interior angle of less than 135 degrees.
9.52.020.1550 Parcel, flag. A parcel not fronting on or abutting a public road and where access is from a public road by a narrow right-of-way or driveway.
9.52.020.1560 Parcel, key. The first interior parcel to the rear of a reversed corner parcel and not separated therefrom by an alley.
9.52.020.1570 Parcel, reversed corner. A corner parcel, the side street line of which is substantially a continuation of the front parcel line of the first parcel to its rear.
9.52.020.1580 Parcel, through. A parcel which fronts on 2 parallel streets or which fronts upon 2 streets which do not intersect at the boundaries of the parcel.
9.52.020.1590 Parcel area. The total area within the property lines of a parcel, excluding any street or alley right-of-way.
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9.52.020.1600 Parcel depth. The longest perpendicular length between a front and rear parcel line or an imaginary extension of a rear parcel line as necessary for nonrectilinear parcels.
9.52.020.1610 Parcel frontage. The width of the front parcel line measured at the street right-of-way.
9.52.020.1620 Parcel line. A line of record bounding a parcel that divides one parcel from another parcel or from a public or private street or any other public space.
9.52.020.1630 Parcel line, front. The parcel line separating a parcel from a street right-of-way. In the case of a corner parcel, the line separating the narrowest street frontage of the parcel from the street shall be considered the front. For corner parcels with equal street frontage dimensions, the front of the parcel is the street frontage that is consistent with the prevailing street frontage orientations along the block where the corner parcel is located. For parcels between a walk street and an alley, the front of the parcel is considered along the walk street. For through parcels between a walk street and a street with vehicular access, the front of the parcel is considered along the street with vehicular access.
9.52.020.1640 Parcel line, rear. The parcel line opposite and most distant from the front parcel line; or in the case of triangular or otherwise irregularly shaped parcel, a line 10 feet in length entirely within the parcel, parallel to, and at a maximum distance from the front parcel line.
9.52.020.1650 Parcel line, side. Any parcel line other than a front or rear parcel line.
9.52.020.1660 Parcel width. For rectilinear parcels, the distance between the side 101
parcel lines determined by the length of a straight line drawn at right angles to the side parcel lines and parallel with both the front and rear parcel lines. For non-rectilinear parcels, a series of measurements based on the location of the side parcel lines shall be required to determine varying parcel widths at any given locations on the parcel.
9.52.020.1670 Parking facility. An area of a parcel, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.
9.52.020.1680 Accessory parking. An area of a parcel, structure, or any other area, which is designed, reserved for, and the primary purpose of which is to provide offstreet parking to serve a building or use that is the primary or main use of the parcel.
9.52.020.1690 Long-term parking. An area designed for employee or parking when a vehicle is not normally moved during the period of an employee's work shift, as opposed to customer or visitor parking.
9.52.020.1700 Parking, bicycle. A covered or uncovered area equipped with a rack or other device designed and useable for the secure, temporary storage of bicycles.
9.52.020.1710 Long-term bicycle parking. Bicycle parking that is designed to serve employees, students, residents, commuters, and others who generally stay at a site for 3 hours or longer.
9.52.020.1720 Short-term bicycle parking. Bicycle parking that is designed to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of less than 4 hours.
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9.52.020.1730 Parking space, off-street. An area, covered or uncovered, designed and usable for the temporary storage of a vehicle, which is paved and accessible by an automobile without permanent obstruction.
9.52.020.1740 Accessible parking. Parking spaces that are designed and reserved for a vehicle(s) that is dedicated to persons with disabilities.
9.52.020.1745 Automated parking system. Off-street parking facility where vehicular storage and retrieval within such facility is accomplished entirely through a mechanical conveyance system. A parking facility with parking lift systems that require an attendant to maneuver a vehicle that is to be parked shall not be considered an automated parking facility.
9.52.020.1750 Car share parking. Parking spaces that are dedicated for a vehicle(s) provided by a certified car-share organization for the purpose of providing a car-shareservice to occupants of a building or the general public.
9.52.020.1760 Independently-accessible parking. Parking spaces that allow a vehicle to be accessed without having to move another vehicle under its own power.
They shall include spaces accessed by automated garages, or car elevators, lifts or other space-efficient parking provided that no more than one car needs to be moved under its own power to access any one space.
9.52.020.1770 Shared parking. The management of parking spaces so that they can be used by multiple users. This allows for the more efficient use of parking facilities.
Parking may be shared between multiple users on the same parcel, between multiple users on different parcels, or in dedicated shared parking facilities such as public 103
parking lots.
9.52.020.1780 Stacked parking. Space-efficient parking in which vehicles are stored and accessed by mechanical stackers or lifts or other space-efficient means.
9.52.020.1790 Tandem parking. Parking spaces that are placed one behind another and where a vehicle needs to be moved to access the desired parking space.
9.52.020.1800 Unbundled parking. The practice of selling or leasing parking spaces separate from the purchase or lease of the commercial or residential use.
9.52.020.1810 Valet parking. Stacked or valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. The automated system may or may not be managed by an attendant.
9.52.020.1820 Parking structure. A structure used for parking and storage of vehicles. 9.52.020.1830 Semi-subterranean. A parking structure located partially underground. 9.52.020.1840 Subterranean. A parking structure located entirely underground, except for openings for ingress and egress.
9.52.020.1850 Patio. An outdoor area, often paved, adjoining a building that is used for outdoor open space. It is not fully enclosed by walls and typically is located at grade or supported by minimal footings.
9.52.020.1860 Paving. A type of material used over areas of a parcel such as driveways, parking spaces and areas, pathways, patios, and front setbacks used for access by vehicles and pedestrians.
9.52.020.1870 Permit. Any Zoning Conformance, Conditional Use Permit, Minor Use 104
Permit, Temporary Use Permit, Development Review Permit, Administrative Approval, Home Occupation, Building Permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.
9.52.020.1880 Permitted use. Any use or structure that is allowed in a zoning district without a requirement for approval of a Use Permit, but subject to any restrictions applicable to that zoning district.
9.52.020.1890 Person. Any natural person or other entity recognized by California law as such, including a firm, association, organization, partnership, business trust, company, or corporation.
9.52.020.1900 Person with a disability. A person who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having that type of impairment; or anyone who has a record of that type of impairment.
9.52.020.1910 Planning Commission. The Planning Commission of the City of Santa Monica.
9.52.020.1920 Plaza. An outdoor space set aside for gathering or congregating and commercial activities, typically surrounded by building frontages.
9.52.020.1930 Podium. A building beneath a taller multi-story building of smaller area.
9.52.020.1940 Porte cochere. A roofed structure through which a vehicle can pass, extending from the entrance of a building over an adjacent driveway, the purpose of which is to shelter persons entering and exiting a building.
9.52.020.1950 Pre-existing. In existence prior to the effective date of this Article. 105
9.52.020.1960 Primary use. See Use, Primary.
9.52.020.1970 Private tennis court. A tennis court which is used for noncommercial purposes by the owner(s) of the property or guests.
9.52.020.1980 Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of the ordinance/codified in this Section. This term includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act.
9.52.020.1990 Public land. Any government-owned land, including, but not limited to, public parks, beaches, playgrounds, trails, paths, schools, public buildings, and other recreational areas or public open spaces.
9.52.020.2000 Public Resources Code. The Public Resources Code of the State of California.
9.52.020.2010 Qualified applicant. The property owner, the owner's agent, or any person or other legal entity that has a legal or equitable interest in land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has an enforceable proprietary interest in such land.
9.52.020.2020 Ramp. An access driveway leading from one parking level to another, or an access driveway from an entrance leading to parking at a different level.
9.52.020.2030 Reasonable accommodation. A type of discretionary permit that, if approved, would provide a person with a disability equal access to housing under the 106
California Fair Employment and Housing Act, the Unruh Civil Rights Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA) in the application of building and zoning laws and other land use policies, procedures, laws, rules, and regulations.
9.52.020.2035 Reasonable modification. An alteration or modification to a building or structure, at the applicant's expense, that, if approved, would provide a person with a disability equal access to housing under the California Fair Employment and Housing Act, the Unruh Civil Rights Act, the Federal Fair Housing Act, and the Americans with Disabilities Act (ADA).
9.52.020.2040 Residential use. One or more rooms designed, occupied or intended for occupancy as primary living quarters in a building or portion thereof.
9.52.020.2050 Review authority. Body responsible for making decisions on zoning and related applications.
9.52.020.2060 Right-of-way. A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use.
9.52.020.2070 Roof. That portion of a building or structure above walls or columns that shelters the floor area or the structure below.
9.52.020.2080 Barrel roof. An arched roof with a semi-circular, half-cylindrical shape.
9.52.020.2090 Gambrel roof. A roof with 2 slopes on each of its 2 sides of which the lower is steeper than the upper slope.
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9.52.020.2100 Hip roof. A 4-sided roof with sloping ends and sides.
9.52.020.2110 Mansard roof. A roof with 2 sloping planes of different pitch on each of the 4 sides.
9.52.020.2120 Pitched roof. A roof with 2 sides that have at least 1 foot of vertical rise for every 3 feet of horizontal run.
9.52.020.2130 Shed roof. A roof with a single slope.
9.52.020.2140 Roof deck. A platform located on the flat portion of a roof or setback of a building that is used for outdoor space. It is distinct from a patio.
9.52.020.2150 Screening. Buffering of a building or activity from neighboring areas or from the street with a wall, fence, hedge, informal planting, or berm.
9.52.020.2160 Security grate or grilles. A metal grate that rolls up over, or slides across, a window or door to provide protection against unwanted entry. It also can be a fixed metal fixture over window openings.
9.52.020.2170 Senior citizen. An individual 62 years of age or older unless otherwise expressly stated in this Article.
9.52.020.2180 Setback. The distance between the parcel line and a building, not including permitted projections, that must be kept clear or open, See also Section
9.04.040, Measuring Distances, Section 9.04.130, Determining Setbacks, and Section
9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane.
9.52.020.2190 Setback, front. A space extending the full width of the parcel between any building and the front parcel line, and measured perpendicularly to the building at 108
the closest point to the front parcel line.
9.52.020.2200 Setback, rear. A space extending the full width of the parcel between the principal building and the rear parcel line measured perpendicularly from the rear parcel line to the closest point of the principal building. When a rear parcel line abuts an alley or walkstreet, the rear setback shall be measured from the center line of the alley or walkstreet.
9.52.020.2210 Setback, side. A space extending the full depth of the parcel between the principal building and the side parcel line measured perpendicularly from the side parcel line to the closest point of the principal building. For non-rectilinear parcels, a space extending the full depth of the parcel between the principal building and the side parcel line(s) measured using a series of measurements parallel to the front parcel line to determine varying parcel widths at any given locations on the parcel.
9.52.020.2220 Setback, street side. A space extending the full depth of the parcel between the principal building and the side parcel line adjacent to a public street rightof-way measured perpendicularly from the side parcel line to the closest point of the principal building. For non-rectilinear parcels, a space extending the full depth of the parcel between the principal building and the side parcel line(s) adjacent to a public street right-of-way measured using a series of measurements parallel to the front parcel line to determine varying parcel widths at any given locations on the parcel.
9.52.020.2230 Sexually-oriented business. See Chapter 9.59, Sexually-Oriented Businesses, for details.
9.52.020.2240 Shrub. A plant with a compact growth habit and branches coming from 109
the base of the plant. Mature heights of shrubs may vary from 1 foot to 15 feet depending on their species and landscape application.
9.52.020.2250 Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.
9.52.020.2260 Sidewalk cafe. Any outdoor dining area located in or adjacent to any public sidewalk or right-of-way which is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent parcel.
9.52.020.2270 Sign-related definitions. All terms relating to signage are defined in Chapter 9.61, Signs.
9.52.020.2280 Site. A parcel, or group of contiguous parcels, that is proposed for development in accordance with the provisions of this Article and is in a single ownership or under unified control.
9.52.020.2290 Skylight. That portion of a roof which is glazed to admit light, and the mechanical fastening required to hold the glazing, including a curb not exceeding 10 inches in height, to provide a weatherproofing barrier.
9.52.020.2300 Solar energy system. Any solar collector or other solar energy device, certified pursuant to State law, along with its ancillary equipment, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating, or any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or 110
cooling, or for water heating.
9.52.020.2310 State Historical Building Code. California Code of Regulations, Title 24, Part 8, or any successor thereto, which constitutes a special Stateadopted building code for historic buildings allowing flexible approaches to their construction problems.
This Code was developed to accommodate changes necessary for the continued use of historic buildings, while preserving their historic character and significant architectural features. Applicants may elect to use the State Historic Building Code as an alternative to standard construction codes such as the City's Building Code or Electrical Code.
9.52.020.2320 Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above. A mezzanine with a floor area that exceeds one-third of the floor area of the overlooking room of the floor below constitutes a story. An attic and basement shall not be considered stories.
9.52.020.2330 Street. A public or private thoroughfare which affords the access to a block and to abutting property. "Street" includes avenue, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley as defined herein.
9.52.020.2340 Street tree. Trees that are located in the public right-of-way.
9.52.020.2350 Street wall. A wall or portion of a wall of a building facing a street.
9.52.020.2360 Structural alterations. Any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, 111
beams, or girders including the creation, enlargement, or removal of doors or windows and changes to a roofline or roof shape.
9.52.020.2370 Structure. Anything constructed or erected, which requires a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground.
9.52.020.2380 Structure, accessory. A detached subordinate structure, used only as incidental to the main structure on the same parcel.
9.52.020.2390 Structure, main. A structure housing the principal use of a site or functioning as the principal use.
9.52.020.2400 Structure, subterranean. A structure located entirely underground, except for openings for ingress and egress.
9.52.020.2410 Structure, temporary. A structure without any foundation or footings and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
9.52.020.2420 Subdivision. See Chapter 9.54, Land Divisions, for all subdivision definitions.
9.52.020.2430 Swimming pool. A pool, pond, or open tank capable of containing a large and deep enough body of water for people to use to swim.
9.52.020.2440 Temporary structure. See Structure, Temporary.
9.52.020.2445 Third street promenade area. The area including the Third Street Promenade and parcels located in that portion of the BC (2nd & 4th Streets) District 112
bounded by 2nd Street to the west, Broadway to the south, 4th Street to the east, and Wilshire Boulevard to the north.
9.52.020.2448 Tower. A building or structure with a height exceeding 90 feet. A tower may be constructed above a podium or at grade.
9.52.020.2450 Trailer. A vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property, including a mobile home, trailer coach or house trailer.
9.52.020.2460 Trash screen/enclosure. A permanent, immobile structure, designed for the storage of a mobile resource recovery, recycling, or compost bin or container.
9.52.020.2470 Unit. See Dwelling Unit.
9.52.020.2480 Use. The purpose for which land or the premises of a building, structure, or facility thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.
9.52.020.2490 Use, accessory. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same parcel as the primary use.
9.52.020.2500 Use, primary. A primary, principal or dominant use established, or proposed to be established, on a parcel. In a mixed-use building, there may be more than one primary use.
9.52.020.2510 Use classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility 113
characteristics. All use types are grouped into the following categories: residential; public and semi-public; commercial; industrial; and transportation, communication, and utilities. See Chapter 9.51, Use Classifications.
9.52.020.2520 Use permit. A discretionary permit, such as a Minor Use Permit or Conditional Use Permit, which may be granted by the appropriate City authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the permit granting authority. See Chapter 9.41, Minor Use Permits and Conditional Use Permits.
9.52.020.2530 Use type. A category which classifies similar uses based on common functional, product, or compatibility characteristics.
9.52.020.2540 Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.
9.52.020.2550 Vibration. A periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.
9.52.020.2560 View corridor. An area where there is a view of all or a portion of a panoramic subject, scene, or area.
9.52.020.2570 Wall. Any exterior surface of building or any part thereof, including windows.
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9.52.020.2580 Window. An opening in a wall of a building that may be filled with glass or other material in a frame. They typically allow light and air into the interior of a building but also serve as vehicles for viewing merchandise in commercial properties.
9.52.020.2590 Primary room window. A glazed surface whose area is larger than any other glazed surface in a living room, dining room, family room, library, or similar such activity room in a dwelling unit.
9.52.020.2600 Secondary room window. A glazed surface serving a bedroom, bathroom, kitchen, stairway, corridor, or storage area in a dwelling unit, or a nonprimary window in a primary space.
9.52.020.2610 Yard. See Setback.
9.52.020.2620 Zoning Administrator. The Director of the Community Development Department, or designee.
9.52.020.2630 Zoning district. A specifically delineated area or district in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
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Section 9.55.190. Administrative Design Approval.
A. The Director is authorized to review and approve the following projects in an architectural review district by administrative approval:
1. Additions to structures or accessory structures (other than those exempted from review by Section 9.55.170) if the addition is either:
a. Behind an existing structure and not substantially visible from any public right-of-way (other than an alley), except for structures located in the R1 (Single-Unit Residential) District that are subject to review by the Architectural Review Board in accordance with Section 9.07.030(A); or b. Within an existing courtyard, consistent with the existing structure’s design and proportions not visible from the public right-of-way (other than an alley), and that maintains required and usable open space.
2. Additions to structures that are visible from a public right-of-way (other than an alley) if the addition is:
a. Less than 1,000 square feet, consistent with the existing structure's design and proportions, and the structure is not located within the Downtown Community Plan area; or
b. Less than 5,000 square feet, consistent with the existing structure's design and proportions, and the structure is located within the Downtown Community Plan area.
23. New buildings and additions to structures that are visible from the public rightof-way (other than an alley) that are consistent with the existing design and proportions that:
a. Do not exceed 7,500 square feet and are located in non-residential 116
zoning districts.
b. Do not exceed 10,000 square feet and are new multiple-unit dwelling projects located in Residential and Ocean Park zoning districts.
34. Mechanical and electrical equipment on an existing structure that is substantially screened from view, and when required, rooftop screening on an existing structure that is in keeping with the design of the existing structure.
45. Replacement of existing materials with similar or consistent materials, provided that the new materials are of a comparable quality, texture, and craftsmanship as the existing structure.
56. Alterations to the design or materials of a façade of an existing structure if that structure is either:
a. Not located in the Main Street Neighborhood Commercial District or the BC (Promenade) District with frontage along the Third Street Promenade; or b. Located in the Main Street Neighborhood Commercial District or the BC (Promenade) District with frontage along the Third Street Promenade, provided that the alterations are consistent with the structure's existing design.
67. New window frames, door frames, windows, and doors on existing structures, provided that the new elements are of high quality and are consistent with the materials on the existing structure.
78. New awnings without signage that are not backlit and of a design and color consistent with the existing structure, including any existing awnings.
89. New construction of and alterations to outdoor use areas permitted under Sections 9.31.199, Outdoor Commercial Uses on Private Property, and 9.31.200, 117
Outdoor Dining and Seating on Sidewalks, including, but not limited to, railings, awnings, lighting, and other structures and appurtenances thereto. 910. New freestanding walls or extensions to existing freestanding walls that are consistent with existing architecture.
1011. Landscape and irrigation plans for:
a. New landscaping less than 1,000 square feet in area that is visible from the public right-of-way (other than an alley), conforms to the City's landscaping standards, and maintains existing mature trees wherever possible; b. New landscaping that is not visible from the public right-of-way (other than an alley), conforms to the City's landscaping standards, and maintains existing mature trees wherever possible; or
c. New landscaping for single-unit dwellings (other than those exempted from review by Section 9.55.170) that conforms to the City's landscaping standards.
1112. Notwithstanding anything to the contrary in this subsection (A), the only projects subject to administrative design approval for existing structures on the historic resource inventory are projects involving minor or insignificant alterations to the design or materials of a façade.
B. Any application for administrative design approval pursuant to this Section shall comply with the requirements of Section 9.55.130.
C. The Director may approve, approve with conditions, or disapprove an application submitted to it pursuant to subsection (A) after consideration of whether the project complies with the criteria in Section 9.55.140(A).
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D. If the Director finds that the project complies with the criteria in Section
9.55.140(A), the Director shall approve the application. The Director may impose conditions when the proposed project does not comply with the criteria in Section
9.55.140(A) and any such conditions are limited to those that will bring such project into conformity therewith; except, however, for any project submitted pursuant to subsection (A)(4), the Director may reduce the height of the required screening based on the placement of the equipment on the roof, the existing height of the subject building and surrounding buildings, and the overall visibility of the equipment. If an application is disapproved, the Director shall detail in its written findings, as applicable, the criteria with which the project does not comply or the guidelines, if any, that are violated. Any action taken by the Director to conditionally approve or deny a proposed project shall be in writing and include findings and conditions, as applicable. A copy of the Director's decision shall be provided to the applicant by email utilizing the email address provided on the application, in person, or by United States mail, upon request.
E. The Director's decision shall be effective and final upon issuance and not subject to administrative appeal.
F. No completed project that is subject to and receives the Director's administrative design approval shall receive a certificate of occupancy or final building inspection approval until the Director certifies that such construction has complied with the conditions and restrictions, if any, imposed by the Director, and that the final construction is in conformity with the plans approved by the Director. 119
Section 9.64.050. On-Site Option.
Except as provided in Chapter 9.34, Residential Unit Replacement Requirements, the following requirements must be met to satisfy the on-site provisions of this Chapter:
A. Except as may be otherwise required by State law, an applicant for the following multiple-unit projects shall provide 15% of total units as affordable to no more than 80% income households:
1. Projects of 5 units or less that has not elected to pay an affordable housing fee;
2. Projects of 6-19 units.
B. Except as may be otherwise required by State law, an applicant for a multipleunit project of 20 units or more shall construct affordable housing units pursuant to subsection A, above, which shall be divided equally among 50% income households, 80% income households, and moderate income households. Any remainder units above multiples of 3 shall be distributed to 50% income households first and 80% income households second. For illustrative purposes, Table 9.64.050(C), below, provides examples of how distribution would look for certain projects. 120
Table 9.64.050(C)
# of Affordable Units in
the Project
50% AMI 80% AMI
Moderate
Income
3 1 1 1
4 2 1 1
5 2 2 1
6 2 2 2
7 3 2 2
8 3 3 2
9 3 3 3
10 4 3 3
11 4 4 3
12 4 4 4
13 5 4 4
14 5 5 4
15 5 5 5
16 6 5 5
17 6 6 5
18 6 6 6
19 7 6 6
20 7 7 6
21 7 7 7
Additional affordable housing
unit
Allocate 1st Allocate 2nd Allocate 3rd
C. Fractions. Any fractional affordable housing unit that results from the formulas of 121
this Section that is 0.5 or more shall be treated as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer) and that unit shall also be built pursuant to the provisions of this Section. Any fractional affordable housing unit that is less than 0.5 can be satisfied by the payment of an affordable housing fee for that fractional unit only pursuant to Section 9.64.070(B).
D. Income and Rent Limits. The City shall make available a list of income levels for 30% income households, 50% income households, 80% income households, and moderate income households, adjusted for household size, the corresponding maximum affordable rents adjusted by household size appropriate for the unit, and the minimum number of units required for 30% income households, 50% income households, or 80% income households required for typical sizes of multiple-unit projects, which list shall be updated periodically.
E. Affordable Housing Unit Requirements.
1. The multiple-unit project applicant may reduce the interior amenities of the affordable housing units as long as there are not significant identifiable differences between affordable housing units and market rate units visible from the exterior of the dwelling units; provided, that all dwelling units conform to the requirements of the applicable Building and Housing Codes.
2. The unit mix percentage for affordable two- and three-bedroom housing units shall be equal to or greater than the unit mix percentage for the corresponding market rate units.
3. The unit mix percentage for affordable studio housing units shall not exceed 15% of the total number of affordable units required. 122
4. An affordable housing unit shall have a minimum total floor area, depending upon the number of bedrooms provided, of no less than the following:
0 bedrooms 500 square feet
1 bedroom 600 square feet
2 bedrooms 850 square feet
3 bedrooms 1,020 square feet
4 bedrooms 1,200 square feet
5. An affordable housing unit shall comply with minimum occupancy requirements as follows:
0 bedrooms 1 occupant
1 bedroom 1 occupant
2 bedrooms 2 occupants
3 bedrooms 3 occupants
4 bedrooms 5 occupants
6. Affordable housing units shall not be isolated to a specific floor or to an area on a specific floor in accordance with Health and Safety Code Section 17929(a)(2).
Units must be dispersed throughout the multiple-unit project.
F. All affordable housing units in a multiple-unit project or a phase of a multiple-unit project shall be constructed concurrently with the construction of market rate units in the multiple-unit project or phase of that project.
G. On-site affordable housing units must be rental units.
H. Each multiple-unit project applicant, or their successor, shall submit an annual report to the City identifying which units are affordable units, the monthly rent (or total 123
housing cost if an ownership unit), vacancy information for each affordable unit for the prior year, verification of income of the household occupying each affordable unit throughout the prior year, and such other information as may be required by City staff.
I. A multiple-unit project applicant who meets the requirements of this Section shall be entitled to the density bonuses, incentives or concessions, and waivers or reductions of development standards provided by Chapter 9.22, or any successor thereto.
J. All residential developments providing affordable housing on site pursuant to the provisions of this Section shall receive priority building department plan check processing by which housing developments shall have plan check review in advance of other pending developments to the extent authorized by law.
K. The City Council may by resolution establish compliance monitoring fees which reflect the reasonable regulatory cost to the City of ensuring compliance with this Section when affordable housing units are being initially rented or sold, when the required annual reports are submitted to the City, and when the units are being re-sold or re-leased.
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