Santa Monica City Zoning Code

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

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

Setbacks. The accessory building shall conform to all setback requirements of the Residential District and the following requirements:

Any separate portion shall contain a parcel area or parcel dimension less than the minimum required for the District in which the property is located;

Any setback area is reduced below the minimum required for the District in which the project is located;

The parcel fails to comply with any other requirement of this Chapter; and

Any portion of a parcel that is necessary to provide the required area per dwelling unit is separated from the portion of the parcel on which the building is located.

The combined parcels contain an area greater than 7,500 square feet or greater than 125% of the average parcel area of parcels located within a 500-foot radius of the combined parcel within the same Zoning District, whichever is less. In the Ocean Park Neighborhood Districts, the combined parcels contain an area greater than 5,000 square feet or greater than 125% of the average parcel area of parcels located within a 500-foot radius of the combined parcel within the same Zoning District, whichever is less. Any legally-created parcel existing prior to the effective date of this Zoning Ordinance that exceeds these consolidation limits shall be considered a legal, conforming parcel.

The parcel fails to comply with any other requirement of this Chapter.

The combined parcels shall not exceed 100 feet in width.

The courtyard housing shall be developed in accordance with Section 9.08.030(F).

The building site shall be subject to all requirements of this Ordinance as though the total area comprised in the site were a single parcel; and

A covenant by the owner(s) of the parcels shall be filed with the Director and recorded with the County Recorder's office before any use or combination of parcels occurs. The covenant shall state the intention of the owner(s) to develop the parcels as a single building site and shall be in the form required by the Director.

Front Setbacks. Fences, walls, and hedges shall be limited to the maximum heights stated below within front setbacks. For the purpose of regulating the height of fences, walls, and hedges, the front setback area shall be considered to be the area between the front or street side parcel line and the nearest building wall or setback line, whichever is the shorter distance.

Side and Rear Setbacks. Fences, walls, and hedges shall be limited to the maximum heights stated below within side and rear setbacks.

Height Modifications. A parcel owner may request a modification to the height limit of a proposed side or rear fence, wall, or hedge, pursuant to the provisions of Chapter 9.43, Modifications and Waivers.

Downtown Community Plan Area. Within the Downtown Community Plan Area, fences, walls, and hedges shall be limited to the maximum heights stated below:

Encroaching Hedges. The owner of a hedge shall maintain the hedge so that it does not encroach onto the parcel of an adjoining parcel and the public right-of-way. If any portion of a hedge, including its roots, encroaches onto the parcel of an adjoining parcel, the owner of the adjoining parcel shall, after giving 30 days' notice and opportunity to cure, have the right to remove those portions of the hedge that encroach on their parcel back to the parcel line so long as they act reasonably and the removal does not cause unnecessary injury. The adjoining parcel owner shall have the right to file a civil action to recover all costs reasonably incurred in removing the encroaching portions of the hedge.

New Lighting. All new exterior lighting, including lighting fixtures attached to buildings, structures, poles, or self-supporting structures. Exterior lighting may be found on parking lots, walkways, building entrances, outdoor sales areas, landscaping, recreational fields, and building faces.

Replacement Lighting. Additions or replacements of existing exterior lighting, including upgrades and replacements of damaged or destroyed fixtures.

Lighting required by a health or life safety statute, ordinance or regulation, including emergency lighting; temporary lighting used by law enforcement or emergency services personnel.

Temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure.

Underwater lighting used in or for the purpose of lighting swimming pools, hot tubs, decorative fountains and other water features.

Sign lighting (See Chapter 9.61, Signs).

Security lighting for public facilities, including hospitals.

Residential Multiple-Unit Buildings. Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness. Lighting devices shall be protected by weather and vandal-resistant covers.

Nonresidential Buildings. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of one foot-light candle of light.

Shielding. All lighting fixtures shall be shielded so as not to produce obtrusive glare onto the public right-of-way or adjacent properties. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for "Cut Off" or "Full Cut Off" luminaries.

Light Trespass. Lighting may not illuminate other properties in excess of a measurement of 0.5 foot candles of light.

Maximum Height. The maximum height for exterior lighting shall be as follows:

Drop-down lenses;

Mercury vapor lamps; and

Searchlights, laser lights, or any other lighting that flashes, blinks, alternates, or moves, with the exception of amusement rides located on the Pier, which may have lights that blink, flash and oscillate.

Public parking areas designed to accommodate 10 or more vehicles shall be provided with a minimum of ½ foot-candle and a maximum of 3.0 foot candles of light over of the parking surface from ½ hour before dusk until ½ hour after dawn.

Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination.

All lighting used to illuminate a parking area for any number of automobiles in any District shall be arranged so that all direct rays from such lighting fall entirely within such parking lot and be consistent with this Section.

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

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

100% Affordable Housing Projects. 100% Affordable Housing Projects in any district may substitute common outdoor living area in lieu of minimum required private outdoor living area in an equivalent amount.

Multiple-Unit Dwelling Projects within the Air Quality Assessment Zone. For projects subject to Section 9.31.195(C), and consistent with Mitigation Measure MM AQ-2 as set forth in the 6th Cycle Housing Element Environmental Impact Report, dwelling units facing Interstate 10 or State Route 1 that are prohibited from providing outdoor spaces may substitute common outdoor living area in lieu of minimum required private outdoor living area in an equivalent amount.

Outdoor storage areas shall be screened from any public street or freeway, existing or residential area, or publicly accessible open space areas, parking areas, access driveways, or similar thoroughfares.

The following requirements apply to all walls and fences that screen outdoor storage areas:

Automobile Sales and Leasing Exemptions. The display of automobiles and vehicles for sale as part of an Automobile/Vehicle Sales and Leasing use or associated Automobile Storage use, as defined in Chapter 9.51, Use Classifications, shall be exempt from the screening requirement of this subsection.

Equipment shall be stored in such manner that it cannot be blown from the enclosed storage area; and

Equipment shall not be placed or allowed to remain outside the enclosed storage area.

Projections shall not be permitted closer than 4 feet to any parcel line unless otherwise expressly authorized.

Projections into existing, nonconforming setback areas shall be permitted only if the projection does not extend closer to the parcel line than would be permitted if the setback area conformed to current standards.

In the Single-Unit Residential (R1) District, only expressly authorized projections into the minimum side stepback areas above 23 feet shall be permitted.

New construction for which a building permit is required.

Improvements affecting refuse and recycling areas of publicly owned facilities.

Additions that add 30% or more to the existing floor area.

Eating and drinking establishments, as defined in Section 9.51.030(B)(8), and food and beverage sales, as defined in Section 9.51.030(B)(10).

Containers shall be of sufficient capacity and number to accommodate the refuse and recyclable materials generated by the uses on the parcel, in compliance with guidelines established by the Public Works Department. An adequate number of bins or containers to allow for the collection and loading of refuse and recyclable materials shall be located within the refuse and recycling rooms or outdoor enclosures.

All outdoor storage of refuse, recyclable materials, and other items or material intended to be discarded or collected shall be screened from public view. On parcels where refuse and recyclable materials are both stored and collected adjacent to an alley or other public right-of-way, the refuse and recyclable materials shall be screened from public view on at least three sides by a solid opaque impact-resistant wall not less than five feet or more than eight feet in height, and on the fourth side by a solid opaque impact-resistant gate not less than five feet or more than eight feet in height, or of other such material or design approved by the Architectural Review Board. The gate shall be maintained in working order and shall remain closed except during such times as refuse, recyclable materials and other such items are being discarded, placed for collection, or collected.

All refuse and recyclable materials which are stored and collected from the same location out of doors shall be stored not more than 10 feet from the parcel line which is closest to the refuse collection point. If the collection area is more than 20 feet from the collection point, a staging area within 10 feet of the collection point is necessary.

Refuse and recycling rooms or outdoor enclosures shall be secured to prevent the theft of recyclable materials by unauthorized persons, while allowing authorized persons access for disposal of materials, and must provide protection against adverse environmental conditions which may render the collected materials unmarketable.

Single Unit and Duplex Residences. Single unit residences and duplexes shall include a designated area to store refuse, recycling, and organic materials screened from public view or a designated area in a garage or accessory structure.

Residential Multiple-Unit Development. Developments consisting of three or more dwelling units shall include a refuse and recycling room meeting the minimum dimensions stated in Table 9.21.130.A below, or shall provide an equivalent space within an outdoor enclosure that conforms to the same dimensions stated in the table.

Subterranean Storage. Buildings or structures in which refuse and recyclable materials are stored in otherwise locked and secured subterranean garages may be permitted to designate a fenced area for the storage of refuse and recyclable materials in compliance with specifications as to location and materials established by the Director of Public Works.

Modify the dimensions of refuse and recycling rooms or outdoor enclosures, provided that the frequency of refuse collection is modified to adequately serve the uses on the parcel and protect the public health, safety and general welfare.

Permit more than one recycling room or outdoor enclosure, provided the aggregate area is in substantial compliance with the design standards of this Section as determined by the Director of Public Works, and provided that each room or outdoor enclosure furnishes convenient access for disposal and collection of both refuse and recyclable materials. Refuse containers located adjacent to alleys should remain open to the alley. Refuse enclosures in subterranean parking areas should have a door of equal size with door-stops attached or a follow-up door and provide adequate lighting, ventilation and sanitary drains. If the refuse enclosure is located in a subterranean parking area or remote locations, a City-approved staging area on private property at the alley or street level must be provided. In the event that the location of the refuse and recyclable room or outdoor enclosure is not convenient for collection, the Director of Public Works shall be authorized to require payment of a fee, established by resolution of the City Council, for collection of the refuse and recyclable materials. In no event shall a fee be authorized in lieu of providing a refuse and recycling room or outdoor enclosure.

Location. Screening walls shall follow the parcel line of the parcel to be screened, or shall be so arranged within the boundaries of the parcel so as to substantially hide from adjoining properties the building, facility, or activity required to be screened.

Materials. Industrial uses must provide a solid screening wall of stucco, decorative block, or concrete panel. Screening walls for other uses may be constructed of stucco, decorative block, concrete panel, wood or other substantially equivalent material. Chain-link fencing does not fulfill the screening wall requirement.

Maintenance. Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height.

Visibility. Excluding solar collector panels, their necessary support structure, and conduit, solar energy systems shall not be visible from the public right-of-way adjacent to the front property line.

Height. The height of solar energy systems is subject to the following standards:

Required Setback. Excluding solar collector panels, solar energy system equipment may be installed within the required side and rear setback but shall not be closer than 2 feet to any property line.

Historic Properties. On a property containing a designated Landmark or contributing structure to a designated Historic District as defined in Chapter 9.56, solar energy systems that meet the criteria established in this Section shall be permitted provided that a Certificate of Appropriateness is approved by the Director.

Alternative Review. Proposed solar energy installations on all property types that do not meet the standards set forth in this Section shall not be authorized unless approved by the Architectural Review Board in accordance with Chapter 9.55, Architectural Review, prior to issuance of a building permit, except that such installations shall require a Certificate of Appropriateness by the Landmarks Commission in accordance with Chapter 9.56 when located on a property containing a designated Landmark or contributing structure to a designated Historic District. These reviewing bodies may authorize installations that exceed the height limit in the applicable District by a maximum of 14 feet.

The obstruction is less than 24 inches above the adjacent vehicle right-of-way; or

The obstruction or development is authorized pursuant to subsection (B) or (C) of this Section.

Characteristics applicable to the parcel, including size, shape, topography, location, or surroundings, that do not apply to other properties in the vicinity which unreasonably restricts an owner's ability to comply with subsection (A); and

The proposed encroachment will be designed to maintain adequate sight view and/or provide other design elements, such as the use of mirrors and will not constitute a hazard to persons lawfully using an adjacent sidewalk, alley, street or other right-of-way;

The strict application of the provisions of this Section would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships, or would result in unreasonable deprivation of the use or enjoyment of the parcel; and

The granting of the encroachment will not be contrary to or in conflict with the general purposes and intent of this Section, nor to the goals, objectives, and policies of the General Plan.

The City will grant one density bonus, the amount of which shall be specified in Section 9.22.050, and, if requested by the applicant and consistent with the applicable requirements of this Chapter, incentives and concessions, as set forth in Section 9.22.060(A) and (B), waivers or reductions of development standards, as set forth in Section 9.22.070, and parking ratios, as described in Section 9.22.060(C), to the applicant of a housing development when the applicant seeks and agrees to construct a housing development project that will, excluding any units permitted by the density bonus awarded pursuant to this Chapter, contain at least any one of the following:

Land Donations. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City in accordance with Government Code Section 65915(g) shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(g).

Housing Development with Childcare Facility. An applicant that proposes to construct a housing development that conforms to the requirements of subsection (A)(1) and that also includes a childcare facility that will be located on the premises of, as part of, or adjacent to the project shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(h).

The proposed housing development, inclusive of the units replaced pursuant to this Section, contains affordable units at the percentages set forth in Section 9.22.050(B).

Each unit in the development, exclusive of manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

If any dwelling units described in this Section are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database.

For unoccupied dwelling units described in subsection A in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database.

All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, the replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with Section 9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).

If all dwelling units described in subsection A have been vacated or demolished within the 5-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the 5-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development's Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental, the replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with Section 9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).

Notwithstanding paragraphs (1) and (2), for any dwelling unit described in subsection A that is or was, within the 5-year period preceding the application, a controlled rental unit pursuant to City Charter Section 1800 et seq., a rental unit subject to Civil Code Section 1947.12, or a rental unit subject to any other form of State or local rent or price control, and that is or was occupied by persons or families above lower income, replacement units must be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units shall be replaced subject to Government Code Section 65915(c)(2).

For purposes of this Section, "equivalent size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced.

For housing developments that meet the criteria of Section 9.22.040(A)(1)(a), the density bonus shall be calculated as follows:

For housing developments that meet the criteria of Section 9.22.040(A)(1)(b), the density bonus shall be calculated as follows:

For housing developments that do not meet the criteria set forth in subsections 1 and 2, above, the density bonus shall be calculated as follows:

For housing developments that meet the criteria of Section 9.22.040(A)(1)(d), the density bonus shall be calculated as follows:

Housing developments that meet the criteria of Section 9.22.040(A)(1) are eligible for an additional density bonus as set forth in this subsection.

An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City in accordance with Government Code Section 65915(g) shall be entitled to a density bonus as provided by Government Code Section 65915(g).

To calculate density bonus for housing developments 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 for housing development projects consisting of 20 units or more, shall be counted as very low-income units.

In residential districts, the maximum allowable residential or base density, as defined in Section 9.22.030(L), shall be determined using dwelling units per acre. All base density calculations resulting in fractional units will be rounded up to the next whole number.

Except as provided in subsection (3) below, in nonresidential districts which do not provide a dwelling-units-per-acre standard for density, the maximum allowable residential or base density shall be calculated by:

Notwithstanding subsection (c)(2), for any housing development subject to tiered development standards, the maximum allowable residential density shall be based on the maximum number of units allowed for the selected tier in the zoning district. The maximum allowable residential or base density shall be calculated by:

Density bonus shall be calculated by the following formula:

Density bonus = base density X percentage density bonus granted Eligibility for any additional density bonus granted under Section 9.22.050(B)(5) shall require first calculating the maximum density bonus granted by Section 9.22.050(B)(1-4).

Except as provided in Section 9.22.050(B)(5), for purposes of calculating the amount of the density bonus pursuant to subsection B, a housing development is entitled to only one density bonus over maximum allowable residential density or base density. An applicant who requests a density bonus must elect whether the bonus shall be awarded on the basis of Section 9.22.040(A)(1)(a), (b), (c), (d), (e), (f), (g), or (h). Density bonuses from more than one category may not be combined.

All density calculations resulting in fractional units will be rounded up to the next whole number.

For purposes of calculating a density bonus pursuant to subsection B for a shared housing building, "unit" means one shared housing unit and its pro-rated share of associated common area facilities.

For purposes of calculating a density bonus pursuant to subsection B, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

For housing developments in residential zones:

For housing developments in all nonresidential zones:

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:

Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units;

Target income of affordable housing units and proposals for ensuring affordability;

Description of any requested incentives or concessions, waivers or reductions of development standards, or modified parking standards.

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

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.

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:

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:

Affordable Housing. Applicants shall incorporate the following:

Unit Mix. Applicants shall incorporate the following:

Minimum area: 7,500 square feet of usable space.

Open space is owned, operated, and maintained by the developer or property manager in accordance with an approved maintenance plan to be reviewed and approved by the Director of Community and Cultural Services or designee.

Each part of the open space shall be accessible from other parts of the open space without leaving the open space area.

Open space shall be directly accessible from the sidewalk, and be accessible to persons with disabilities.

Open space shall be on the ground level.

No more than 20% of the open space is occupied by open space-related above-grade structures, such as pergolas or public restroom structures.

A minimum of 35% of the open space is planting area with grass, ground cover, bushes, or trees. All trees shall be planted flush with the surrounding grade. The urban forester shall be consulted as to the selection of these trees, their size, and the appropriate planter size to facilitate the trees' viability in the given urban conditions and microclimate.

The open space is open to the public, without charge, each day of the year from 6:00 a.m. to 11:00 p.m., except for temporary closures for necessary maintenance or public safety.

At a minimum, the following elements shall be included within the open space:

For nonresidential components of projects, provide the following:

For residential components of projects, provide the following:

Common area items, including, but not limited to, the roof, plumbing, heating, air-conditioning, and electrical systems until one year elapses from the date of the sale of the last individual unit sold;

Items provided or installed within individual units by the subdivider, including, but not limited to, appliances, fixtures, and facilities for a period of one year from the date of close of escrow of each individual unit;

Adequate provisions for maintenance, repair, and upkeep of common areas;

Provisions that in the event of destruction or abolishment, reconstruction shall be in accordance with codes in effect at the time of such reconstruction; and

Provisions for dedication of land or establishment of easements for street widening or other public purpose.

Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect;

Describe how demolition of any existing structures is to be accomplished;

Indicate where any cranes are to be located for erection/construction;

Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction;

Set forth the extent and nature of any pile-driving operations;

Describe the length and number of any tiebacks which must extend under the property of other persons;

Specify the nature and extent of any dewatering and its effect on any adjacent buildings;

Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location;

Specify the nature and extent of any helicopter hauling;

State whether any construction activity beyond normally permitted hours is proposed;

Describe any proposed construction noise mitigation measures;

Describe construction-period security measures including any fencing, lighting, and security personnel;

Provide a drainage plan;

Provide a construction-period parking plan which shall minimize to the greatest extent feasible use of public streets for parking;

List a designated on-site superintendent;

Provide a construction materials recycling plan that seeks to maximize the reuse/recycling of construction waste;

Provide a plan regarding use of recycled and low-environmental impact materials in building construction;

Provide a construction period urban runoff control plan; and

Any other mitigation plan requirements established by the Department of Public Works.

Removal of residential units from the rental market has been approved by the Rent Control Board through issuance of a certificate of exemption or removal permit when required.

Tenants have been given a Tenant's Notice of Intent to Convert pursuant to the provisions of California Government Code Section 66427.1 (Subdivision Map Act) prior to filing a Notice of Pending Application to Convert with the City Planning Division, such notice to be given by the applicant and contain information as to tenants' rights under State and local regulations.

A Notice of Pending Application to Convert has been filed with the Planning Division prior to the filing of a Tentative Subdivision Map and Conditional Use Permit Application. The notice shall include a copy of the Tenants' Notice of Intent to Convert and a Building Condition and History Report prepared by a Building Inspection Service or similar agency acceptable to the Building Officer and Fire Marshal. The report shall contain such information set forth on forms to be provided by the Director, including, but not limited to: date of construction, a list of all repairs and renovations to be made, an analysis of building conditions and any violations of housing, fire, or building codes, a listing of the proposed improvements to be carried out and an estimated time schedule, the present rent schedule including type and length of tenancy, the estimated prices of the converted units, a copy of the proposed CC&Rs, and a Tenant Relocation Assistance Plan indicating the number of tenants interested in purchasing or relocating and specific plans for assisting in relocation of tenants. The subdivider shall furnish each prospective buyer with a copy of this Report together with the CC&Rs.

Within 60 days after the filing of a Notice of Pending Application to Convert, the Planning Division has prepared and delivered to the applicant a Conversion Report including a staff recommendation for approval or denial, a listing of conditions or requirements recommended as a basis for approval, and supportive reasons or justifications for such recommendations. No application for Tentative Subdivision Map or Conditional Use Permit shall be accepted for filing prior to preparation of a Conversion Report.

Tenants have been notified in writing of all public hearings in connection with an application for conversion and all tenants subsequent to the initial notice of intent shall be notified in writing of the pending conversion prior to occupancy.

The structural, electrical, fire, and life safety systems of the structure either are, or are proposed to be prior to the sale of the units, in a condition of good repair and maintenance, including such alterations or repairs as are required by the Building Officer.

The structure presently has, or is intended to have plumbing in sound condition, insulation of all water heaters, and where feasible, pipes for circulated hot water, individual gas and electrical meters, except in such cases where individual metering is clearly inadvisable or impractical, adequate and protected trash areas, and such other requirements as may be imposed as a condition of approval.

Written notice of not less than one year from the date of tentative approval has been given to all residential tenants to locate alternative housing.

For residential conversions, the Planning Commission, or City Council on appeal or review, determines that:

An accessory building containing less than 400 square feet of floor area that is not a City-Designated Historic Resource or listed on the Historic Resources Inventory; and

If a building or structure is unsafe, presents a public hazard and is not securable and/or is in imminent danger of collapse so as to endanger persons or property, as determined by the City's Building Official, it may be demolished. The Building Official's determination in this matter shall be governed by the standards and criteria set forth in the most recent edition of the California Building Code that is in effect.

At any time over a 5-year period, more than 50 percent of the exterior wall elements are removed, or are no longer a necessary and integral structural component of the overall building.

In commercial or industrial buildings not principally supported by exterior bearing walls, more than 50 percent of the principal support structure including columns, structural frames, and other similar primary structural elements is removed or is no longer a necessary and integral structural component of the overall building.

At any time over a 5-year period, for structures over 40 years of age and identified on the City's Historic Resources Inventory, the following occurs:

Within 7 days of receipt of all filing materials for a demolition permit for such structures, the City shall transmit a copy of such application to each member of the Landmarks Commission. Filing materials shall consist of a completed application form, site plan, 8 copies of a photograph of the building, and photo verification that the property has been posted with a notice of intent to demolish.

If no application for the designation of a structure of merit, a landmark or a historic district is filed in accordance with Chapter 9.56 within 75 days from receipt of a complete application for demolition, demolition may be approved subject to compliance with all other legal requirements, including this Section.

If an application for a landmark, a historic district, or a structure of merit is filed in accordance with Chapter 9.56 within 75 days from receipt of a complete application for demolition, no demolition permit may be issued until after a final determination is made by the Landmarks Commission, or the City Council on appeal, on the landmark, historic district, or structure of merit designation application. The application shall be processed in accordance with the procedures set forth in Chapter 9.56.

Common Property Lines Abutting Residential Districts. Wherever a nonresidential use is located adjacent to a Residential District or use, a landscape buffer planted with a mix of trees and shrubs shall be provided along common property lines. At least 1 tree of at least 15-gallon size shall be planted per 20 lineal feet or as appropriate to create a tree canopy over the buffer setback. In addition, at least 3 shrubs shall be planted per 20 lineal feet. At least 10 percent of the required trees shall be 24-inch box size. An International Society of Arboriculture (ISA) certified arborist or equivalent shall be consulted as to the selection of these trees to facilitate the trees' viability in the given urban conditions and microclimate.

Commercial, Employment or Other Nonresidential Use. Five-foot wide landscaped buffer setback.

Minimum Soil Volumes Above Subterranean Parking Structures. Subterranean parking structures shall be designed so that trees and shrubs planted in required setback areas above subterranean parking structures shall provide the following:

Landscaping. Up to 2 feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plants instead of paving.

Buffer for Above-Grade Parking Structures. A parking garage that does not incorporate ground-floor nonresidential or residential uses or is not otherwise screened or concealed at street frontages on the ground level, must provide a 10-foot landscaped buffer for any garage of less than 5 levels and a 15-foot landscaped buffer for any garage with 5 or more levels.

Drainage. All parking areas shall be properly drained, consistent with the California Regional Water Quality Control Board and subject to the approval of the Director of Public Works.

Protection of Vegetation. Landscaped areas, excluding drivable surfaces, shall be protected by a curb at least 6 inches wide and 6 inches high. Such curbs shall be designed to allow storm water runoff to pass through.

Visibility and Clearance. Landscaping in planters at the end of parking aisles shall not obstruct driver's vision of vehicular and pedestrian cross-traffic and shall be built in compliance with Section 9.21.180, Hazardous Visual Obstructions.

Ground Covers. Ground cover plants other than grasses must be at least the 4-inch pot size. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of at least one per 12 inches on center.

Shrubs. Shrubs shall be a minimum size of 1 gallon. When planted to serve as a hedge or screen, shrubs shall be planted with 2 to 4 feet of spacing, depending on the plant species.

Trees. Trees shall be a minimum of 15 gallons in size with a 1 inch diameter at breast height (dbh). Newly planted trees shall be supported with stakes or guy wires. Any tree to be planted along a property line or adjacent to a structure shall be no closer to said property line or structure than ½ the diameter of the particular species' drip line at maturity, measured from the center of the tree.

Runoff Prohibited on Sidewalks. Parking areas in nonresidential districts shall be designed so that surface water run-off will not drain over any sidewalk or adjoining property.

Cross-grades. Cross-grades shall be designed for slower storm water flow and to direct storm water toward landscaping, bio-retention areas, or other water collection/treatment areas.

Ground Covers. Ground cover plants other than grasses must be at least the 4 inch pot size. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of at least one per 12 inches on center.

Shrubs. Shrubs shall be a minimum size of one gallon. When planted to serve as a hedge or screen, shrubs shall be planted with 2 to 4 feet of spacing, depending on the plant species.

Trees. Trees shall be a minimum of 15 gallons in size with a one-inch diameter at breast height (dbh). Newly planted trees shall be supported with stakes or guy wires.

This subsection (G) does not mandate the utilization of any specific type of landscaping.

Notwithstanding this requirement, nonconforming architectural features which have been removed from any existing building which is designated as a Historic Resource or listed on the Historic Resources Inventory may be replaced if the Landmarks Commission determines that such feature contributes to the building's historic architectural integrity and that the reconstruction conforms to the Secretary of Interior's Standards for the Treatment of Historic Properties. Landmarks Commission review of such reconstruction shall be processed generally in accordance with the procedures for processing applications for Certificates of Appropriateness contained in Chapter 9.56. Any project subject to Landmarks Commission review under this Section shall not require additional review by the Architectural Review Board. The determination of the Landmarks Commission under this Section shall be appealable to the City Council.

Properties directly facing the Third Street Promenade within the BC (Third Street Promenade Area) District developed pursuant to an approved Development Review Permit (DRP) shall be permitted to remove and replace any nonconforming floor area at any given time and thereby retain the floor area and floor area ratio development rights granted by the DRP and/or original building permit, subject to the following:

The existing building is a Historic Resource or is listed on the City's Historic Resources Inventory, provided the alteration or addition conforms with the Secretary of the Interior's Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings.

The existing building is commercial or industrial and is altered in accordance with all of the following criteria:

The existing building is residential and is altered or added to in accordance with all of the following criteria:

The building was demolished as a result of a nonvoluntary fire or explosion, earthquake, or other natural disaster and it is restored or replaced in accordance with Section 9.27.040.

Application. To request a permit to restore a damaged structure, the applicant must submit a complete application on a form provided by the Director in addition to any other material, reports, dimensioned plans, or other information required to take action on the application. Each application shall also include:

Review Process. Each application to restore a damaged structure shall require plan check approval as the final review prior to issuance of the applicable permit. In addition, the following procedures shall apply:

Standards for Review. The following standards shall govern the review of an application for damaged structure restoration:

The one-year period to determine that a nonconforming use has been abandoned shall commence when the use ceases and any one of the following occurs:

Once the one-year period has commenced under subsection B.1 that period shall only be terminated if the nonconforming use is fully licensed, permitted, and operational for 60 continuous days. Operational shall mean that the nonconforming use is open for business to the public and provides services typically associated with the nonconforming use during the hours and days that are customary for that nonconforming use.

Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires before the use resumes, the one-year period under subsection B.1 shall relate back and commence with the cessation of use.

Except as provided in subsection B.5, no nonconforming use may be resumed, reestablished, or reopened once it has been determined to have been abandoned for 1 year.

If the nonconforming use of a building, structure, or parcel occurred in a City-designated Historic Resource, the nonconforming use may be resumed, reestablished, or reopened even if that nonconforming use has been abandoned for more than 1 year and other uses have occurred since that abandonment if a Conditional Use Permit is obtained based on the following findings:

Notwithstanding the foregoing, or anything to the contrary in this Chapter, the following legal, nonconforming uses may be resumed, reestablished, or reopened, even if that nonconforming use has been abandoned for more than one year, unless a conforming use that meets the applicable requirements of the Zoning Ordinance has been lawfully established in the space previously occupied by the nonconforming use:

Pursuant to subsection H below, following the relocation of an existing nonconforming pawn shop within the Downtown, any subsequent use of the abandoned building or tenant space shall be of a conforming use only in accordance with the land use regulations for the district in which it is located, and its nonconforming use rights as a pawn shop at such abandoned location shall be terminated.

The commercial parcel supported by the residential parking lot is not redeveloped for another use;

The lot remains as a surface level parking lot;

The use or uses existing on the commercial parcel supported by the residential parking lot do not change. For purposes of this requirement, a change of use shall be defined as any new use which requires more intense parking standards than exists on the effective date of the ordinance codified in this Chapter;

The square footage of the existing commercial building on the commercial parcel is not added to or enlarged beyond 50% of the floor area existing on the effective date of this Chapter; and

The required parking for any new addition or expansion under 50% is not located on the residentially zoned parking lot. A parking lot on a residentially zoned parcel shall revert to residential use when one or more of the above conditions are not met.

Except as provided in subsection (B)(2), a change of use shall provide the difference between the required parking ratio for the proposed use and one automobile parking space per 300 square feet.

Changes in use that create an increase of 10 or fewer required parking spaces, calculated in accordance with subsection (B)(1), shall not be required to provide additional on-site automobile parking according to the provisions of this Chapter, except that if the change of use is a restaurant, the calculation shall be based on the square footage of the dining area only, and shall exclude any square footage dedicated to back-of-house operations and outdoor dining. Bicycle parking shall be provided in accordance with Section 9.28.140.

Existing parking shall be maintained and additional parking shall be required only for such addition, enlargement, or change of use and not for the entire building or site. If the number of existing parking spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition, enlargement, or change in use.

A change in occupancy is not considered a change in use unless the new occupant is a different use than the former occupant.

No existing parking and/or loading serving any use may be reduced in amount or changed in design, location, or maintenance below the requirements for such use at the time it was entitled unless equivalent substitute facilities are provided, except that:

Within the Downtown Community Plan area, properties must maintain the maximum number of parking spaces set forth in Table 9.28.060.

For Historic Resources, see Section 9.28.180(B).

Rounding. Fractional space requirements totaling 0.5 or above shall be rounded up to the next whole space after calculating the total number of required spaces. Rounding up shall not apply to loading spaces; however, a minimum of 1 space shall be provided.

Residential Uses. For purposes of calculating off-street parking requirements for dwelling units, all private living spaces, including, but not limited to, dens, studios, family rooms, studies and lofts shall be considered as "bedrooms" except that a maximum of 1 such room per unit shall not count as a bedroom if it is less than 100 square feet in area. Kitchens, bathrooms, and 1 living room per unit shall not be considered bedrooms. Semiprivate rooms shall not count as bedrooms if they have no doors and a minimum 7-foot opening to adjacent living space. A loft or mezzanine shall not count as a bedroom if the maximum width of the loft or mezzanine is less than 7 feet.

Nonresidential Uses. Unless otherwise specified, the floor areas used to calculate the number of off-street parking and loading spaces required for nonresidential uses shall include:

Multiple Uses. When 2 or more principal uses are located on the same parcel, the estimated parking demand shall be the sum of the estimated demand of the various individual uses computed separately, in accordance with this Section, unless shared parking is approved pursuant to Section 9.28.180.

Exclusions. Floor area devoted to the following shall not be included when determining required parking and loading spaces:

Maximum Parking Limits. The maximum number of parking spaces allowed shall be based on use type as listed in the table in Section 9.28.060, Off-Street Parking. The following rules apply when calculating maximum parking limits:

Minimum off-street parking requirements are set forth in Table 9.28.060. Notwithstanding the foregoing, minimum off-street parking requirements shall not apply to any of the following:

Maximum off-street parking requirements are set forth in Table 9.28.060 for land uses within the Downtown Community Plan and Section 9.28.040(A)(6)(a) for all other areas within the City.