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)
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.
|
Section 9.07.020
|
Bed and Breakfast within Designated Landmarks in R1 Only
|
|
2.
|
Section 9.08.020
|
Bed and Breakfast within Designated Landmarks in R2, R3, and
R4 Only
|
|
3.
|
Section 9.09.020
|
Bed and Breakfast within Designated Landmarks in OP Only
|
|
4.
|
Section 9.14.020
|
Bed and Breakfast within Designated Landmarks in OF Only
|
|
5.
|
Section 9.25.030
|
Demolition Defined
|
|
6.
|
Section 9.25.040
|
Requirements for Approval of Demolition Permit
|
|
7.
|
Section 9.27.030(C)
|
Replacing Nonconforming Features or Portions of Buildings
|
|
8.
|
Section 9.27.030(F)(1)
|
Demolition and Rebuilding
|
|
9.
|
Section 9.27.040(A)
|
Damaged Structure Restoration Application
|
|
10.
|
Section 9.27.050(B)(5)
|
Abandonment
|
|
11.
|
Section 9.28.180(B)
|
Reduction of Required Parking
|
|
12.
|
Chapter 9.33
|
Historic Resource Disclosure
|
|
13.
|
Section 9.42.040
|
Required Findings for Variances
|
|
14.
|
Chapter 9.43
|
Modification and Waivers
|
|
15.
|
Section 9.48.050
|
Unauthorized Demolition of Historic Resources
|
|
16.
|
Section 9.52.020
|
Definition of Attic
|
|
17.
|
Section 9.52.020
|
Definition of City-Designated Contributing Building or Structure
|
|
18.
|
Section 9.52.020
|
Definition of City-Designated Historic Resource
|
|
19.
|
Section 9.52.020
|
Definition of City-Designated Landmark
|
|
20.
|
Section 9.52.020
|
Definition of City-Designated Structure of Merit
|
|
21.
|
Section 9.52.020
|
Definition of Historic Resource
|
|
22.
|
Section 9.52.020
|
Definition of Historic Resources Inventory
|
|
23.
|
Section 9.52.020
|
Definition of State Historical Building Code
|
(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)
