Divisions
1 through
5 of Article 9 of the Santa Monica Municipal Code shall be known and cited as the "City of Santa Monica Comprehensive Zoning Ordinance," the "Zoning Ordinance," or "this Ordinance."
The City of Santa Monica Comprehensive Zoning Ordinance is adopted pursuant to its corporate powers as a Charter City, California Constitution, Article XI, Sections 5 and 7, and the authority contained in Section 65850 of the California
Government Code. In addition, the provisions of this Ordinance relating to the regulation and control of subdivisions are adopted pursuant to the authority contained in Title
7, Division
2 of the California
Government Code, commencing with Section 66410, hereinafter referred to as the "Subdivision Map Act," as may be amended from time to time, and pursuant to the City's authority to regulate subdivisions not regulated by the Subdivision Map Act as authorized by
Government Code Section 66411.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
The purpose of this Ordinance is
to implement the Santa Monica General Plan and to protect and promote
the public health, safety, peace, comfort, convenience, prosperity,
and general welfare by regulating the location and use of buildings,
structures, and land for residential, commercial, industrial, recreational,
and other specified uses. More specifically, this Ordinance is adopted
to achieve the following objectives:
A. To provide a precise guide for the physical
development of the City in a manner as to progressively achieve the
arrangement of land uses integrated with circulation depicted in the
Santa Monica General Plan, consistent with the goals and policies
of the General Plan.
B. To protect and enhance the quality of the
natural and built environment.
C. To protect the quality of residential life
and activities.
D. To ensure adequate park and public open
space.
E. To provide stable and desirable residential
neighborhoods.
F. To ensure easy access to coastal resources,
well-maintained parks, and attractive streets.
G. To promote viable commercial and industrial
enterprises.
H. To provide diverse employment opportunities.
I. To protect and improve tourist and visitor
serving facilities and services.
J. To maintain and foster community identity
Citywide.
K. To provide for citizen participation in
the development decision-making process.
L. To preserve and protect housing choices
in the community.
M. To protect and enhance the City's sustainability.
N. To promote the protection and preservation
of the City's historic resources.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. Organization of Regulations. This Ordinance consists of 5 Divisions:
1. Division 1: Introductory Provisions.
2. Division 2: Base and Overlay Districts.
3. Division 3: General Regulations.
4. Division 4: Administration and Permits.
5. Division 5: General Terms.
B. Types of Regulations. This
Ordinance includes 4 types of regulations that control the use and
development of property:
1. Land Use Regulations. These regulations specify the land uses that are permitted,
conditionally permitted, or specifically prohibited in each Zoning
District, and include special requirements, if any, applicable to
specific uses. Land use regulations for base Zoning Districts and
for Overlay Districts are in Division 2 of this Ordinance. Certain
regulations that are applicable to specific land uses in some or all
districts are located in Division 3. Regulations governing nonconforming
uses are also in Division 3.
2. Development Standards. These regulations control the height, bulk, location, and
appearance of structures and site improvements on development sites.
Development standards for base Zoning Districts and Overlay Districts
are in Division 2 of this Ordinance. Certain development standards
applicable to some or all districts are in Division 3. These include
general site development regulations, performance standards, standards
applicable to specific land uses, and regulations for parking, signs,
telecommunications facilities, and nonconforming structures.
3. Administrative Regulations. These regulations contain detailed procedures for the administration
of this Ordinance. They include procedures, processes, standards,
and findings for discretionary entitlement applications and other
permits. Administrative regulations are in Division 4 of this Ordinance.
4. General Terms and Use Classifications. Division 5 provides a list of and definitions for use classifications
and a list of terms and definitions used in the Ordinance.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. General Rules for Applicability of Zoning
Regulations.
1. Applicability.
a.
This Ordinance shall apply, to the
extent permitted by law, to all property within the corporate limits
of the City and to property for which applications for annexation
and/or subdivisions are submitted to the City, including all uses,
structures and land owned by any private person, firm, corporation
or organization, or the City or other local, State, or Federal agencies.
b.
Governmental Agencies. Any governmental agency shall be exempt from the provisions of this
Ordinance only to the extent that such property may not be lawfully
regulated by the City.
c.
City Government Uses. City government uses, including, without limitation, fire stations,
police stations, and public safety facilities, may be permitted in
any district subject to the approval of a conditional use permit.
d.
Projects that Include Affordable
Housing on City-Owned Property. In accordance with Program
2.E of the 6th Cycle 2021-2029 Housing Element, this Ordinance shall
not apply to property owned by the City when used for projects that
include housing affordable to 80% area median income (AMI) households,
subject to a public process to be determined by the City Council,
and upon a determination that the project is consistent with the General
Plan. Any such exemption shall apply only for the life of the project
approved in accordance with this paragraph.
2. Compliance with Regulations. Except as provided in this Zoning Ordinance, land or buildings
may be used and structures may be erected or altered only in accordance
with the following provisions:
a.
No new building shall be erected
and no existing building shall be moved, altered, or enlarged, nor
shall any land, building or premises be used, designed, or attempted
to be used or designed for any purpose or in any manner other than
a use listed in this Chapter, as permitted in the district in which
the land, building, or premises is located. The lawful use or uses
of all buildings, improvements, and premises existing in any district
at the time of the adoption of the ordinance codified in this Chapter
may be continued except as provided by this Chapter.
b.
No building shall be erected nor
shall any existing building be moved, reconstructed, or structurally
altered to exceed in height or floor area the limit established by
this Chapter for the district in which such building is located.
c.
No building shall be erected nor
shall any existing building be moved, altered, enlarged, or rebuilt,
nor shall any open spaces surrounding any buildings be encroached
upon or reduced in any manner except in conformity with the property
development standards for each district in which such building is
located.
d.
No yard or open space provided adjacent
to any building for the purpose of complying with the regulations
of this Chapter shall be considered as providing a yard or open space
for any other building or structure.
e.
No parcel or building shall be separated
in ownership, or reduced in size in any manner, so that:
i.
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;
ii.
Any yard area is reduced below the
minimum required for the district in which the project is located;
iii. The parcel fails to
comply with any other requirement of this Chapter;
iv.
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.
f.
No lot or parcel of land held under
common ownership which does not meet the requirements of the district
in which it is located shall be separated in ownership or further
reduced in size in any manner.
g.
A building or use may cross property
lines only if:
i.
The building site shall be subject
to all requirements of this Chapter as though the total area comprised
in the site were a single parcel;
ii.
A covenant by the owner(s) of the
parcels shall be filed with the Zoning Administrator 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 Zoning Administrator.
h.
A legally-created parcel of land
existing prior to the effective date of this Ordinance having less
area, frontage, or dimensions than required by this Ordinance in the
zoning district in which the parcel is located, shall be considered
a legal conforming parcel.
B. Relation to Other Regulations.
1. General. Where conflict occurs between the provisions of this Ordinance and any other regulations, City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified. See, e.g., Section
9.56.270(F) (the State Historic Building Code applies to alterations to historic resources and properties on the Historic Resources Inventory).
2. Permit Streamlining Act. All actions taken by the decision-making body pursuant to
this Ordinance shall be consistent with the provisions of Government
Ordinance Section 65920 et seq. (the Permit Streamlining Act) to the
extent applicable.
3. Relation to Private Agreements. Where this Ordinance imposes greater restriction than imposed
by an easement, covenant, or agreement, this Ordinance shall control.
4. Relation to Prior Ordinance. The provisions of this Ordinance supersede all prior Zoning
Ordinances codified in Article 9 of the Santa Monica Municipal Code
and all prior amendments. No provision of this Ordinance shall validate
any land use or structure established, constructed, or maintained
in violation of the prior Zoning Ordinance, unless such validation
is specifically authorized by this Ordinance.
5. Application During Local
Emergency. The City Council may authorize a deviation
from a provision of this Ordinance during a local emergency declared
and ratified under the Santa Monica Municipal Code.
C. Consistency with the General Plan. The Zoning Ordinance and any amendment thereto shall be consistent
in principle with the goals, objectives, policies, land uses, and
programs specified in the adopted General Plan.
D. Effect on Previously Approved Projects
and Projects in Progress. The following projects shall have
a vested right to proceed without complying with this Ordinance:
1. Previously Approved Development. The erection, construction, enlargement, demolition, moving,
conversion of, and excavation and grading for any building or structure
for which a valid permit or building permit was issued prior to the
effective date of this Ordinance and which does not subsequently expire.
A permit that does not contain an express limit on the time for exercising
the permit shall be deemed valid only if a building permit is obtained
within one year of the effective date of this Ordinance;
2. Development Agreement. Development in accordance with the terms and conditions of a development agreement approved by the City Council pursuant to Chapter
9.60 of the Municipal Code prior to the effective date of this Ordinance;
3. Vesting Tentative Maps. Any residential project for which a vesting tentative map
application was determined complete prior to the effective date of
this Ordinance; and
4. Applications for Projects
in Progress. Any application for a Planning entitlement,
except a Development Agreement application, determined complete on
or before April 15, 2015.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 1,
adopted February 28, 2017; Ord. No. 2742CCS § 2, adopted April 11,
2023)
In order to preserve and protect
historic resources and/or properties on the Historic Resources Inventory
in the City through the City's land use decision-making process, this
Ordinance authorizes flexible zoning standards and modifications to
development standards for these resources. This Ordinance also establishes
heightened review standards before a building or structure over 40
years of age can be demolished and imposes a more stringent definition
of "demolition" for buildings or structures on the City's Historic
Resources Inventory. These provisions are located in the relevant
sections of this Ordinance and are listed below simply as a locational
aid.
1.
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Bed and Breakfast within Designated
Landmarks in R1 Only
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2.
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Bed and Breakfast within Designated
Landmarks in R2, R3, and R4 Only
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3.
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Bed and Breakfast within Designated
Landmarks in OP Only
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4.
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Bed and Breakfast within Designated
Landmarks in OF Only
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5.
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Demolition Defined
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6.
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Requirements for Approval of Demolition
Permit
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7.
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Replacing Nonconforming Features
or Portions of Buildings
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8.
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Section 9.27.030(F)(1)
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Demolition and Rebuilding
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9.
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Damaged Structure Restoration Application
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10.
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Section 9.27.050(B)(5)
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Abandonment
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11.
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Reduction of Required Parking
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12.
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Historic Resource Disclosure
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13.
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Required Findings for Variances
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14.
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Modification and Waivers
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15.
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Unauthorized Demolition of Historic
Resources
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16.
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Definition of Attic
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17.
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Definition of City-Designated Contributing
Building or Structure
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18.
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Definition of City-Designated Historic
Resource
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19.
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Definition of City-Designated Landmark
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20.
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Definition of City-Designated Structure
of Merit
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21.
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Definition of Historic Resource
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22.
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Definition of Historic Resources
Inventory
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23.
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Definition of State Historical Building
Code
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(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2520CCS § 4,
adopted June 14, 2016)
The City Council shall by resolution
establish and from time to time amend a schedule of fees for permits,
appeals, amendments, and approvals required or permitted by this Ordinance.
Applications processed concurrently shall be subject to separate fees
for each application filed unless specifically exempted by the City
Council.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)