The purposes of the Bergamot Districts are to:
A. 
Encourage a high quality, mixed-use, creative-sector district offering opportunities for jobs, housing, arts and culture and community-serving retail, and which benefits from access to the Exposition Light Rail Station and the area's creativity and innovation.
B. 
To prevent building façades and rooflines that are monolithic in appearance, avoid flat or featureless design, reinforce the built character along streets and transition to adjacent lower-density surroundings.
C. 
To ensure incorporation of architectural elements and features to create well-designed and coherent building façades with sufficient detail relief and/or variation.
D. 
To provide a variety of open spaces that contribute enhanced livability by providing residents access to light and air as well as passive and active recreation.
The specific designations and the additional purposes of the Bergamot Area Plan Districts are:
BTV Bergamot Transit Village. Development in the Bergamot Transit Village (BTV) District is directed to create the underlying urban fabric for a new mixed-use neighborhood that supports a range of uses, activities, open spaces and built forms, and which deeply integrates the new Bergamot Expo Station and the adjacent Bergamot art center into community life. The district's evolution into a pedestrian-oriented, mixed-use destination containing jobs, housing, retail, services, entertainment and open spaces will build upon Santa Monica's long-standing practice of crafting strong urban places.
MUC Mixed-Use Creative. The Mixed-Use Creative (MUC) District will emphasize the continuation of the area's diverse creative and cultural offerings. It will also encourage the infill of new, complementary uses as a way to provide a more balanced and sustainable land use pattern that connects residents, employees and visitors to the district, the neighboring BTV, the Bergamot Expo Station and the Bergamot art center. Existing uses are encouraged to remain and will be bolstered by the balance of new creative arts jobs, housing affordable to the workforce and supportive local-serving retail and services. In consideration to their size and the character of existing development, smaller parcels will be developed at lower densities and smaller building scales than those of the BTV District. As in the BTV, the Mixed-Use Creative District's evolution as a pedestrian-oriented environment is promoted through policies and standards. The eastern edge of the MUC will also be easily accessible from the new Bundy Expo Station in the City of Los Angeles.
CAC Conservation: Art Center. As an area-wide anchor for the creative sector, the Conservation: Art Center (CAC) District shall feature uses which contribute to and enhance both the arts and cultural functions of the Bergamot art center and the identity it establishes. These uses may include art galleries, studios, exhibition halls, performance spaces, museums, restaurants and cafés, visitor accommodations and similar uses. Small-scale creative office uses and housing are also permitted.
CCS Conservation: Creative Sector. Within the Conservation: Creative Sector (CCS) District, emphasis will be placed on small-scale creative arts, media production, entertainment uses, digital technology, incubators, business services and supporting uses, such as restaurants and cafés, and housing as defined in Table 9.12.020.
(Amended by Ord. No. 2792CCS, 10/8/2024)
Table 9.12.020 prescribes the land use regulations for Bergamot Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.
"P" designates permitted uses.
"L(#)" designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
"MUP" designates use classifications that are permitted after review and approval of a Minor Use Permit.
"CUP" designates use classifications that are permitted after review and approval of a Conditional Use Permit.
"—" designates uses that are not permitted.
Land uses are defined in Chapter 9.51 ("Use Classifications") of Article 9 of the Santa Monica Municipal code ("Zoning Ordinance"). Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Article.
TABLE 9.12.020: LAND USE REGULATIONS—BERGAMOT DISTRICTS
Use Classification
BTV
MUC
CAC
CCS
Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit
P
P
P
P
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Junior Accessory Dwelling Unit
P
P
P
P
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Multiple-Unit Dwelling
P
P
P
P
Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling
P
P
P
P
Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Needs
Congregate Housing
P
P
CUP
CUP
Section 9.31.110, Congregate Housing
Elderly and Long-Term Care
P
P
CUP
CUP
Emergency Shelters
P
P
CUP
CUP
Section 9.31.130, Emergency Shelters
Family Day Care
See sub-classifications below.
Large
P
P
P
P
Section 9.31.140, Family Day Care, Large
Small
P
P
P
P
Group Residential
P
P
MUP
MUP
Section 9.31.155, Group Residential
Senior Group Residential
P
P
P
P
Section 9.31.155, Group Residential
Low Barrier Navigation Centers
P
P
P
P
Section 9.31.175, Low Barrier Navigation Centers
Mobile Home Park
P
Residential Facilities
See sub-classifications below.
Residential Care, General
P
P
MUP
MUP
Section 9.31.270, Residential Care Facilities
Residential Care, Limited
P
P
P
P
Section 9.31.270, Residential Care Facilities
Residential Care, Senior
P
P
L(4)/MUP
L(4)/MUP
Section 9.31.270, Residential Care Facilities
Hospice, General
P
P
MUP
MUP
Section 9.31.270, Residential Care Facilities
Hospice, Limited
P
P
P
P
Section 9.31.270, Residential Care Facilities
Single-Room Occupancy Housing
P
P
P
P
Section 9.31.330, Single Room Occupancy Structures
Supportive Housing
P
P
P
P
Transitional Housing
P
P
P
P
Public and Semi-Public Uses
Adult Day Care
P
P
P
Child Care and Early Education Facilities
P
P
P
Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private
CUP
CUP
CUP
Community Assembly
CUP
CUP
CUP
CUP
Section 9.31.100, Community Assembly
Community Gardens
P
P
P
P
Cultural Facilities
P
P
P
P
Hospitals and Clinics
L(11)
L(11)
MUP, L(12)
Park and Recreation Facilities, Public
P
P
P
P
Public Safety Facilities
P
P
L(3)
P
School, Public or Private
CUP
CUP
CUP
Social Service Centers
P
P
Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services
See sub-classifications below.
Grooming and Pet Stores
P
P
P
L(2)
Pet Day Care Services
MUP
MUP
MUP
Veterinary Services
MUP
MUP
MUP
Automobile/Vehicle Sales and Service
See sub-classifications below.
Alternative Fuels and Recharging Facilities
Automobile Rental
Automobile Storage Use
New Automobile/Vehicle Sales and Leasing
Additions 7,500 square feet or less to Automobile/Vehicle Sales and Leasing buildings existing as of 07/06/2010
Additions larger than 7,500 square feet to Automobile/Vehicle Sales and Leasing buildings existing as of 07/06/2010
Automobile/Vehicle Repair, Major
Automobile/Vehicle Service and Repair, Minor
Automobile/Vehicle Washing
Service Station
Towing and Impound
Banks and Financial Institutions
See sub-classifications below.
Banks and Credit Unions
L(9)/CUP
L(9)/CUP
L(9)/CUP
L(9)/CUP
Check Cashing Businesses
Business Services
P
P
P
P
Commercial Entertainment and Recreation
See sub-classifications below.
Cinemas & Theaters, up to 99 seats
P
P
P
P
Cinemas & Theaters, more than 99 seats
CUP
Convention and Conference Centers, less than 25,000 square feet
CUP
CUP
CUP
Convention and Conference Centers, 25,000 square feet or greater
CUP
Large-Scale Facility
L(10)/CUP
L(10)/CUP
L(10)/CUP
L(10)/CUP
Small-Scale Facility
MUP
MUP
MUP
MUP
Section 9.31.340, Small-Scale Facility, Game Arcades
Fortunetelling
P
P
P
P
Eating and Drinking Establishments
See sub-classifications below.
Bars/Nightclubs/Lounges
CUP
CUP
MUP
CUP
Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Full-Service, Limited Service & Take-Out (2,500 square feet and smaller, including Outdoor Dining and Seating)
P
P
P
P
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited Service and Take-Out Only
Section 9.31.200, Outdoor Dining and Seating
Section 9.31.290, Restaurants With Entertainment
Restaurants, Full-Service, Limited Service & Take-Out (2,501 - 5,000 square feet, including Outdoor Dining and Seating)
P
P
P
MUP
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited Service and Take-Out Only
Section 9.31.200, Outdoor Dining and Seating
Section 9.31.290, Restaurants With Entertainment
Restaurants, Full-Service, Limited Service & Take-Out (greater than 5,000 square feet, including Outdoor Dining and Seating)
P
P
P
MUP
Section 9.31.040, Alcoholic Beverage Sales
Section 9.31.280, Restaurants, Limited Service and Take-Out Only
Section 9.31.200, Outdoor Dining and Seating
Section 9.31.290, Restaurants With Entertainment
Equipment Rental
MUP
MUP
MUP
Food and Beverage Sales
See sub-classifications below.
Convenience Market
L(2)/CUP
L(2)/CUP
L(2)/CUP
L(2)CUP
Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets
CUP
CUP
CUP
CUP
General Market
L(3)/CUP
L(3)/CUP
L(3)/CUP
L(3)/CUP
Section 9.31.040, Alcoholic Beverage Sales
Liquor Stores
CUP
CUP
CUP
CUP
Section 9.31.040, Alcoholic Beverage Sales
Funeral Parlors and Mortuaries
Instructional Services
P
P
P
P
Live-Work
P
P
P
P
Section 9.31.170, Live-Work
Lodging
See sub-classifications below.
Bed and Breakfast
Section 9.31.090, Bed and Breakfasts
Hotels and Motels
CUP
CUP
CUP
Maintenance and Repair Services
MUP, L(12)
MUP, L(12)
MUP, L(12)
Nursery and Garden Center
P
P
Section 9.31.220, Outdoor Retail Display and Sales
Offices
See sub-classifications below.
Business and Professional
L(12)/CUP
L(12)/CUP
Creative
P
P
P
P
Medical and Dental
CUP
CUP
CUP
Walk-In Clientele
P
P
Outdoor Newsstands
MUP
MUP
MUP
MUP
Section 9.31.210, Outdoor Newsstands
Parking, Public or Private
CUP
CUP
CUP
Personal Services
See sub-classifications below.
General Personal Services
P
P
P
Section 9.31.230, Personal Service
Personal Services, Physical Training
P
P
P
P
Tattoo or Body Modification Parlor
P
P
P
P
Section 9.31.230, Personal Service
Retail Sales
See sub-classifications below.
Building Materials Sales and Services
Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Small-Scale
P
P
P
P
Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale
CUP
CUP
CUP
Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Large-Scale
CUP
CUP
Section 9.31.220, Outdoor Retail Display and Sales
Medical Cannabis Retailer
Section 9.31.185, Medical Marijuana Dispensaries
Pawn Shops
Swap Meets
CUP
CUP
CUP
Section 9.31.360, Swap Meets
Industrial Uses
Artist's Studio
P
P
P
P
Commercial Kitchens
CUP
CUP
L(1)/CUP
Industry, General
Industry, Limited
P
P
L(2)
L(2)
Recycling Facility
See sub-classifications below.
Recycling Collection Facility
CUP, L(12)
CUP, L(12)
Research and Development
P
P
L(2)
L(2)
Media Production
See sub-classifications below.
Full-Service Facility
P
P
P
P
Support Facilities
P
P
P
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations
P
P
P
P
City Bikeshare Facility
P
P
P
P
Communication Facilities
See sub-classifications below.
Antennas and Transmission Towers
MUP
MUP
Chapter 9.32, Personal Wireless Service Facilities
Equipment within Buildings
CUP
CUP
Light Fleet-Based Services
Utilities, Major
Utilities, Minor
P
P
P
P
Specific Limitations:
(1)
Not allowed on the ground floor for the first 35 feet of lot depth.
(2)
Limited to 4,000 sq. ft. or less.
(3)
Limited to 15,000 sq. ft. or less.
(4)
Facilities for 6 or fewer residents are permitted by right. Facilities for more than 6 residents require an MUP.
(5)
(Reserved)
(6)
(Reserved)
(7)
(Reserved)
(8)
(Reserved)
(9)
Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage; greater area and/or width requires approval of a Conditional Use Permit.
(10)
Fitness facilities and gymnasiums permitted, all other uses require a CUP.
(11)
Hospitals and clinics of 5,000 sf or less require an MUP. Hospitals and clinics greater than 5,000 square feet or greater require a CUP.
(12)
Limited to 5,000 square feet or less.
(Added by Ord. No. 2792CCS, 10/8/2024)
Table 9.12.030.A, Development Standards for All Projects, Except Housing Projects, prescribes the development standards for Bergamot Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.
TABLE 9.12.030.A: DEVELOPMENT STANDARDS FOR ALL PROJECTS, EXCEPT HOUSING PROJECTS — BERGAMOT DISTRICTS
Standard
BTV
MUC
CAC
CCS
Additional Regulations
Density Standards
Maximum FAR
Section 9.04.080, Determining FAR
Tier 1 — Base Standard
1.75
1.5
1.0
1.5
Tier 2 — With Provision of Community Benefits
2.0
1.7
Parcel > = 100,000 sf:
1.0
Parcel > 100,000 sf:
1.5***
Tier 3 — Development Agreement
2.5
2.2
Parcel > = 100,000 sf:
1.0
Parcel > 100,000 sf:
2.5***
Building Form and Location
Maximum Building Height (ft.)
Section 9.04.050, Measuring Height
Tier 1 — Base Standard
32'
32'
32'
32'
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Tier 2 — With Provision of Community Benefits
60'
47'
60'
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Tier 3 — Development Agreement
75'
57'
75'
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Minimum Ground Floor Height (ft.)
11'
11'
11'
11'
Maximum Building Footprint (sq. ft.)
All Tiers
35,000
25,000
15,000
15,000
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Minimum Setbacks (ft.)
Building Frontage Line
See (B)
See (B)
See (B)
See (B)
Build-To Line
See (C)
See (C)
See (C)
See (C)
Interior Side and Rear — Adjacent to Residential District
10
10
10
10
Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Active Ground Floor Use & Design
See (D)
See (D)
See (D)
See (D)
Pedestrian-Oriented Design
See (E)
See (E)
See (E)
See (E)
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor
Street Stepbacks Above Ground Floor
5' for 25% of front façade.
See (F)
5' for 25% of front façade.
See (F)
5' for 25% of front façade.
See (F)
5' for 25% of front façade.
See (F)
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Side Interior Stepbacks
See (G)
See (G)
See (G)
See (G)
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Maximum Unbroken Primary Façade Length
See (H)
See (H)
See (H)
See (H)
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Roofline Variation
See (I)
See (I)
See (I)
See (I)
Section 9.21.060, Height Projections
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Daylight Plane Adjacent to Residential District—Interior Side and Rear
See (J)
See (J)
See (J)
See (J)
Section 9.21.060, Height Projections
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Standards for Residential Uses
Street-Facing Ground Floor Residential Uses
See (K)
See (K)
See (K)
See (K)
Minimum Percentage of Site Area of Open Space at Ground Level
12%
12%
12%
12%
Minimum Percentage of the 12% ground level open space that must be provided adjacent to the sidewalk
20%
See (L)
20%
See (L)
20%
See (L)
20%
See (L)
Minimum Outdoor Living Area (sq. ft./unit)—Sites with 3 or More Units (includes private and common)
150
150
150
150
Section 9.21.090, Outdoor Living Area
Minimum Percentage of Outdoor Living Area Provided as Private Outdoor Living Area
30%
30%
30%
30%
Section 9.21.090, Outdoor Living Area
Minimum Percentage of Outdoor Living Area Provided as Common Outdoor Living Area
70%
70%
70%
70%
Section 9.21.090, Outdoor Living Area
Common Outdoor Living Area with Projects that include residential use.
See (M)
See (M)
See (M)
See (M)
Ground Level Pedestrian Pathways
See (N)
See (N)
See (N)
See (N)
Additional Standards
Accessory Dwelling Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Food Service
Section 9.31.030, Accessory Food Service
Accessory Structures
Section 9.21.020, Accessory Buildings and Structures
Affordable Housing Production Program
Chapter 9.64, Affordable Housing Production Program
Automobile/Vehicle Sales, Leasing, and Storage
Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage
Density Bonus
Chapter 9.22, Density Bonus
Fences, Walls, and Hedges
Section 9.21.050, Fences, Walls, and Hedges
Home Occupation
Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping and Street Trees
Chapter 9.26, Landscaping
Lighting
Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects
Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and Loading
Chapter 9.28, Parking, Loading, and Circulation
Projections into Height Limits
Section 9.21.060, Height Projections
Projections into Required Setbacks
Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling Screening and Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards
Signs
Chapter 9.61, Signs
Screening
Section 9.21.140, Screening
Solar Energy Systems
Section 9.21.150, Solar Energy Systems
Table 9.12.030.B, Development Standards For Housing Projects, prescribes the development standards for Bergamot Districts. Additional regulations are denoted with Section numbers in the right-hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Article, while individual letters in parentheses refer to subsections that directly follow the table.
TABLE 9.12.030.B: DEVELOPMENT STANDARDS FOR HOUSING PROJECTS — BERGAMOT DISTRICTS
Standard
BTV
MUC
CAC
CCS
Additional Regulations
Density Standards
Maximum FAR
Section 9.04.080, Determining FAR
Housing Projects
4.0
4.0 (North of Pennsylvania Ave parcel line or South of Expo Bike Path - 3.25)
2.5
2.5 (North of Nebraska Ave, South of Pennsylvania Ave, and West of Berkeley St - 3.25)
100% Affordable Housing Projects
4.5
4.5 (North of Pennsylvania Ave parcel line or South of Expo Bike Path - 3.75)
3.0
3.0 (North of Nebraska Ave, South of Pennsylvania Ave, and West of Berkeley St - 3.75)
Building Form and Location
Maximum Building Height (ft.)
Section 9.04.050, Measuring Height
Housing Projects
84'
See (A)
84' (North of Pennsylvania Ave parcel line or South of Expo Bike Path - 70')
See (A)
55'
See (A)
55' (North of Nebraska Ave, South of Pennsylvania Ave, and West of Berkeley St - 70')
See (A)
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
100% Affordable Housing Projects
94'
See (A)
94' (North of Pennsylvania Ave parcel line or South of Expo Bike Path - 80')
See (A)
65'
See (A)
65' (North of Nebraska Ave, South of Pennsylvania Ave, and West of Berkeley St - 80')
See (A)
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Minimum Ground Floor Height (ft.)
11 feet
11'
11'
11'
Maximum Building Footprint (sq. ft.)
Housing Projects
35,000
35,000
35,000
35,000
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Minimum Setbacks (ft.)
Building Frontage Line
See (B)
See (B)
See (B)
See (B)
Build-To Line
See (C)
See (C)
See (C)
See (C)
Interior Side and Rear — Adjacent to Residential District
10
10
10
10
Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Active Ground Floor Use & Design
See (D)
See (D)
See (D)
See (D)
Pedestrian-Oriented Design
See (E)
See (E)
See (E)
See (E)
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor
Street Stepbacks Above Ground Floor
5' for 25% of front façade.
See (F)
5' for 25% of front façade.
See (F)
5' for 25% of front façade.
See (F)
5' for 25% of front façade.
See (F)
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Side Interior Stepbacks
See (G)
See (G)
See (G)
See (G)
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Maximum Unbroken Primary Façade Length
See (H)
See (H)
See (H)
See (H)
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Roofline Variation
See (I)
See (I)
See (I)
See (I)
Section 9.21.060, Height Projections
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Daylight Plane Adjacent to Residential District—Interior Side and Rear
See (J)
See (J)
See (J)
See (J)
Section 9.21.060, Height Projections
Section 9.12.030(A), Additional Development Standards for Buildings Exceeding 90 feet in Height.
Standards for Residential Uses
Street-Facing Ground Floor Residential Uses
See (K)
See (K)
See (K)
See (K)
Minimum Percentage of Site Area of Open Space at Ground Level
12%
12%
12%
12%
Minimum Percent of the 12% ground level open space that must be provided adjacent to the sidewalk
20%
See (L)
20%
See (L)
20%
See (L)
20%
See (L)
Maximum Percentage of the 12% ground level open space that can be covered by an enclosed building
20%
20%
20%
20%
Minimum Outdoor Living Area (sq. ft./unit)—Sites with 3 or More Units (includes private and common)
150
150
150
150
Section 9.21.090, Outdoor Living Area
Minimum Percentage of Outdoor Living Area Provided as Private Outdoor Living Area
30%
30%
30%
30%
Section 9.21.090, Outdoor Living Area
Minimum Percentage of Outdoor Living Area Provided as Common Outdoor Living Area
70%
70%
70%
70%
Section 9.21.090, Outdoor Living Area
Common Outdoor Living Area
See (M)
See (M)
See (M)
See (M)
Ground Level Pedestrian Pathways
See (N)
See (N)
See (N)
See (N)
Special Project Commitments for Bergamot Area Housing Projects on Large Sites.
See (O)
See (O)
See (O)
See (O)
Additional Standards
Accessory Dwelling Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Food Service
Section 9.31.030, Accessory Food Service
Accessory Structures
Section 9.21.020, Accessory Buildings and Structures
Affordable Housing Production Program
Chapter 9.64, Affordable Housing Production Program
Automobile/Vehicle Sales, Leasing, and Storage
Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage
Density Bonus
Chapter 9.22, Density Bonus
Fences, Walls, and Hedges
Section 9.21.050, Fences, Walls, and Hedges
Home Occupation
Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units
Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping and Street Trees
Chapter 9.26, Landscaping
Lighting
Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects
Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and Loading
Chapter 9.28, Parking, Loading, and Circulation
Projections into Height Limits
Section 9.21.060, Height Projections
Projections into Required Setbacks
Section 9.21.110, Projections from Buildings into Minimum Setbacks and Daylight Plane
Refuse and Recycling Screening and Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards
Signs
Chapter 9.61, Signs
Screening
Section 9.21.140, Screening
Solar Energy Systems
Section 9.21.150, Solar Energy Systems
A. 
Additional Development Standards for Buildings Exceeding 90 feet in Height. The following additional standards shall apply to all projects with buildings or portions of buildings exceeding 90 feet in height. These standards are required in addition to the development standards established in both Tables 9.12.030.A and 9.12.030.B above, except that building modulation standards 9.12.030(F), (G), (H), (I), and (J) shall not apply.
1. 
Maximum Allowable Podium Height: 35 feet.
2. 
Maximum Podium Footprint: See maximum building footprint requirements established in Tables 9.12.030.A and 9.12.030.B above (see Figure 9.12.030(A).
3. 
Maximum Tower Footprint: 12,000 square feet
4. 
Minimum Tower Spacing: The minimum spacing between closest points of all tower façades shall be 80 feet. (see Figure 9.12.030(B))
5. 
Minimum Offset Tower Spacing: The minimum spacing between closest points of towers that are diagonally opposite shall be 40 feet. (see Figure 9.12.030(B))
Figure 9.12.030(A): Tower and Podium Maximum Footprint Diagram
009 Tower and Podium.tif
Figure 9.12.030(B): Minimum Tower Spacing Diagram
009 Minimium Spacing Tower.tif
B. 
Building Frontage Line.
1. 
To create walkable streets, buildings facing the following streets shall provide a minimum building setback as measured from the street curb face to the building façade, as provided below and in Figure 9.12.030(C):
a. 
Nebraska Avenue between Stewart and Berkeley Street: 20 feet.
b. 
Pennsylvania Avenue between 26th Street and Stewart Street: 20 feet.
c. 
Stewart Street between Colorado Avenue and Nebraska Avenue: 20 feet.
d. 
Colorado Avenue between Stewart Street and Stanford Street: 15 feet.
e. 
Olympic Boulevard between 26th Street and Centinela Avenue: 15 feet.
f. 
Stanford Street between Colorado Avenue and Nebraska Avenue: 10 feet.
g. 
Berkeley Street between Pennsylvania Avenue and Nebraska Avenue: 10 feet.
h. 
All other streets shall be 10 feet.
For all building frontage lines 15 feet or greater, habitable space above the ground floor may project up to five feet into the building frontage line, however cannot project over the property line into the public right-of-way. Other projections including, but not limited to, balconies and awnings may be allowed in accordance with Section 9.21.110.
Figure 9.12.030(C): Measuring Building Frontage Line
009 Measuring Building Frontage Line.tif
2. 
Where there are any conflicts between the building frontage line requirement and any pedestrian realm dimensions provided in the street design guidelines pursuant to Bergamot Area Plan Chapter 7, Street Standards and Design Guidelines, the building frontage line dimension above would apply.
C. 
Build-to Line.
1. 
Buildings or portions of buildings with nonresidential uses on the ground floor and not facing a residential district shall be constructed no farther than 10 feet from the building frontage line for 70% of linear street frontage.
a. 
For parcels 60 feet in width or less, this requirement may be reduced to 60% provided that entry courtyards, plazas, open space, outdoor dining and display areas, or other uncovered areas are designed and accessible for public use and located between the build-to line and building.
2. 
Buildings or portions of buildings with residential units on the ground floor shall be constructed a minimum of eight feet from the street-facing property line, or to the building frontage line required in 9.12.030(B) above, whichever is greater.
D. 
Active Ground Floor Use and Design.
1. 
The ground-floor street frontage of buildings facing: (i) Nebraska Avenue between Stewart Street and Berkeley Streets; and (ii) Pennsylvania Avenue between 26th Street and Stewart Street shall be required to have active use areas that accommodate commercial uses subject to the following:
a. 
Active use areas are required to have a minimum average depth of 35 feet, but no less than 20 feet, for a minimum of 60% of the ground-floor frontage.
b. 
100% affordable housing projects shall be exempt from this active use area requirement.
c. 
Notwithstanding the land use table above (Table 9.12.020), parcels that are zoned Conservation: Creative Sector (CCS) and have street frontages within a required ground floor active use area shall comply with the land use regulations for the Mixed-Use Creative zoning district.
2. 
Active Commercial Design. Where an active use is required for new buildings, the ground-floor street frontage shall be designed to accommodate commercial uses and activities, subject to the following:
a. 
Street Facing Façades. A minimum of 50% of each street facing façade shall be transparent and include windows, doors, and other openings between 2.5 and eight feet above finished grade.
i. 
Openings fulfilling this requirement shall have transparent glazing or openings that provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displaying merchandise or other items other than signs that are at least three feet deep.
ii. 
Vertical Elements: Frontages shall be designed to be divided into bays that are 30-feet wide or less by pilasters, columns, window patterns, or other vertical elements.
iii. 
This requirement may be modified if it can be demonstrated that the fulfillment of this requirement materially interferes with the project's ability to meet the requirements of Municipal Code Chapter 8.36Energy Code.
Figure 9.12.030(D): Street-Facing Façades
-Image-40.tif
b. 
A minimum of one pedestrian entrance facing the primary street.
E. 
Pedestrian-Oriented Design.
1. 
No more than 20 feet or 40% of a building's ground floor façade, whichever is less, may be continuous blank or featureless linear street-level frontage.
2. 
New development shall incorporate the following design elements at the ground floor level:
a. 
Street-Facing Façades.
i. 
Articulated façades at the ground floor street frontage, which may include, but not necessarily require, such measures as indentation in plane, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building frame and projecting elements such as awnings and marquees to provide shade and shelter;
ii. 
Exterior lighting which provides nighttime illumination for the pedestrian environment by reinforcing entrances, public sidewalks and open areas which avoids off-site glare, subject to Section 9.21.080 Lighting.
b. 
Ground-Floor Street Frontages. The finished ground floor level shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk.
c. 
Sloped Ground-Floor Street Frontages. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the commercial boulevard, a maximum of 60 feet of commercial frontage may be up to 36 inches higher or lower than the finished grade of the adjacent sidewalk, and the remainder shall not exceed 24 inches higher or lower than the finished grade of the adjacent sidewalk.
3. 
Residential uses at the ground floor street frontage shall incorporate planted areas, porches, front stairs, and/or other elements that contribute to a pedestrian environment. Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian such as awnings, drinking fountains, paseos, arcades, colonnades, plazas, noncommercial community bulletin boards, public or private art, and alternative paving materials in areas of pedestrian access.
4. 
When provided, storefront security grates or grilles shall be located inside exterior windows, shall be retractable into pockets or overhead cylinders, and shall be completely concealed when retracted.
F. 
Street Stepbacks Above Ground Floor. The minimum required stepback above the ground floor shall be 25% of the front façade area.
1. 
Stepbacks shall be a minimum of five feet and are not required to be open to the sky.
2. 
Projections into the required stepbacks are permitted pursuant to Section 9.21.110.
FIGURE 9.12.030(E): STREET STEPBACKS ABOVE GROUND FLOOR
009 Side Interior Stepback.tif
G. 
Side Interior Stepbacks. A minimum of 15% of the exposed side interior building façade area above 39 feet shall be stepped back a minimum of five feet from the side property line.
FIGURE 9.12.030(F): SIDE INTERIOR STEPBACKS
009 Side Interior Stepback.tif
H. 
Maximum Unbroken Primary Façade Length.
1. 
All new or modified buildings shall orient the primary façade to the front property line. Secondary façades shall orient to the side or rear property line.
2. 
Corner buildings shall have a primary façade fronting each sidewalk.
3. 
For façades that are greater than 150 feet, a break of 10% of the façade length, with a five-foot minimum depth, is required. This dimension can be broken into two breaks, provided each break is greater than five feet in width. The break must extend from above the ground for 50% of the height of the project. The break is not required to be continuous.
FIGURE 9.12.030(G): MAXIMUM UNBROKEN PRIMARY FAÇADE LENGTH
009 Maximum Broken Primary Facade Length.tif
I. 
Roofline Variation. The top level of the building shall comply with one of the following standards:
1. 
Building Footprint. For buildings over 55 feet and no more than 90 feet in height, the upper-most level shall cover a maximum of 80% of the immediate floor below.
2. 
Street Stepback. For buildings over 55 feet in height, the upper-most level shall be stepped back a minimum of 10 feet from street-facing building façades.
FIGURE 9.12.030(H): ROOFLINE VARIATION DIAGRAM
009 Roofline Variation Diagram.tif
J. 
Daylight Plane. Buildings shall not extend above a plane starting at 30 feet in height directly above the parcel line abutting any residentially-zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45-degree angle from vertical toward the interior of the site for 30 feet measured horizontally.
1. 
The 30-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.
2. 
Uses allowed within the stepback include balconies, terraces, shade structures, and similar open space features.
FIGURE 9.12.030(I): DAYLIGHT PLANE
009 Daylight Plane.tif
K. 
Street-Facing Ground Floor Residential Uses. Where ground floor residential units with street frontage are provided, they shall have either an entrance or private outdoor living area facing the street, subject to the following:
1. 
A minimum of 20% of each ground floor street-facing façade shall be transparent, measured between 2.5 and eight feet above finished grade.
2. 
Entrances shall have a minimum three-foot covered landing area at the same grade as the interior floor.
3. 
Entrances shall incorporate at least three of the following:
a. 
Recessed entrance at least two feet from the building façade;
b. 
Overhead projection (e.g. porch roof);
c. 
A sidelight window, adjacent window, or door with a window;
d. 
At least one stair, up or down, from the pedestrian pathway;
e. 
Paving material, texture, or pattern differentiated from the pedestrian pathway.
4. 
Stoops and Patios. The side of a patio or stoop (when parallel to a sidewalk) taller than 30 inches shall be set back a minimum of 18 inches from the property line, separated by planted area.
5. 
Private Outdoor Living Area Adjacent to a Street. Ground floor private outdoor living areas adjacent to a street shall not be enclosed with a fence, wall, or hedge greater than five feet in height. Any portion of fences, walls, and hedges above 42 inches in height shall be at least 50% visually transparent.
L. 
Ground Level Open Space Adjacent to Sidewalk.
1. 
For parcels with street frontage 250 feet or less, the following standards apply:
a. 
Configuration Incentive. Any portion of the ground level open space adjacent to the street with a minimum dimension of 10' x 10' shall count at 1.5 towards the ground level open space requirement.
b. 
Open-To-The-Sky. No more than 20% of the open space may be covered by enclosed building space.
c. 
Open space may not exceed 18 inches above or below the adjacent sidewalk elevation.
d. 
Any fence, wall, or hedge around the required ground level open space shall not exceed 42 inches except for the portion(s) of the ground level open space that is abutting an internal parcel line.
2. 
For parcels with street frontage 250 feet or greater, the following standards apply:
a. 
One portion of the ground level open space adjacent to the street shall have a minimum size of 600 square feet and minimum dimension of 20' x 10'.
b. 
Open-To-The-Sky. No more than 20% of the open space may be covered by enclosed building space.
c. 
Open space may not exceed 18 inches above or below the adjacent sidewalk elevation.
d. 
Any fence, wall, or hedge around the required ground level open space shall not exceed 42 inches except for the portion(s) of the ground level open space that is abutting an internal parcel line.
FIGURE 9.12.030(J): GROUND FLOOR OPEN SPACE DIAGRAM
009 Ground Floor Open Space Diagram.tif
M. 
Common Outdoor Living Area.
1. 
Open-To-The-Sky. No more than 20% of common outdoor living area may be covered by enclosed building space.
2. 
Landscaping. A minimum of 25% of each common outdoor living area 500 square feet or greater shall be planting area with a minimum length and width of 30 inches. A minimum of 10% of each common outdoor living area less than 500 square feet and greater than 100 square feet shall be planting area.
3. 
Trees. A minimum of one 24-inch box tree for every 500 square feet of common outdoor living area shall be planted within the common outdoor living area. At least 50% shall be shade trees. A shade tree shall be defined as a deciduous tree that provides relief from direct sunlight for at least six months.
4. 
Social Space. A minimum of one social space, either soft or hardscape, with a minimum dimension of 10 feet in each direction shall be provided for every 25 units. Each required social space shall incorporate at least one of the following amenities:
a. 
Cooking facilities;
b. 
Edible gardens;
c. 
Pools and/or spas;
d. 
Water features;
e. 
Exercise space and/or equipment;
f. 
Play space and/or play equipment.
5. 
Seating. A minimum of one seat per 200 square feet of common outdoor living area shall be provided with a minimum of four seats per area. Each 48 linear inches of a bench may be calculated as two seats. At least 50% of required seating shall be arranged in groups of four or more seats.
6. 
In the event of any conflicts between these standards and those provided in Section 9.21.090, Outdoor Living Area, these standards shall apply.
N. 
Ground Level Pedestrian Pathways. Ground level pathways shall be required for properties greater than one acre. Pathways shall comply with the following standards.
1. 
Connections. Pathways shall extend through the length and or width of a parcel and shall connect adjacent sidewalks, common spaces, and, where feasible, to pathways of adjacent parcels.
2. 
Dimensions. Minimum average width of 20 feet, but in no case be less than 15 feet.
3. 
Open-to-the-sky. No more than 20% of the ground level pathways may be covered by enclosed building space.
4. 
Landscape and Pedestrian Amenities.
a. 
Landscaping. A minimum of 25% shall be landscaped area with a minimum dimension of 30 inches in each direction.
b. 
Trees. A minimum of one 24-inch box tree for every 500 square feet shall be planted within the ground level pedestrian pathway. At least 50% shall be shade trees.
c. 
Hardscape. A maximum of 25% of the ground level pathways may be paved in standard concrete, with the remainder using enhanced paving such as brick, natural stone, unit concrete pavers, textured/colored/patterned concrete, or similar.
d. 
Seating. A minimum of one seat per 250 square feet of ground level pathways shall be provided. Benches shall be calculated as one seat per 24 linear inches.
e. 
Pedestrian Lighting. Pedestrian lighting shall be provided at a minimum 0.25 footcandle and comply with all requirements pursuant to Section 9.21.080, Lighting.
O. 
Special Project Commitments for Housing Projects in Bergamot Districts on Large Sites.
1. 
Housing Projects on Large Sites in Bergamot Districts may elect to be processed by Administrative Approval under Section 9.39.020(A)(1)(d) if located on a parcel or parcels that exceed 43,560 square feet in size (one acre) provided that the project meets all standards in Chapter 9.12 and all of the following commitments:
a. 
Residential Unit Mix:
i. 
Maximum 15% studio units.
ii. 
Minimum 15% two-bedroom units.
iii. 
Minimum 15% three-bedroom units.
b. 
Minimum Ground Level Open Space: 14% of Parcel Area.
i. 
At least 30% of ground level open space shall be adjacent to the street.
ii. 
One portion of the ground level open space adjacent to the street shall have a minimum size of 600 square feet and minimum dimension of 20' x 10'.
iii. 
Any fence, wall, or hedge around the required ground level open space shall not exceed 42 inches except for the portion(s) of the ground level open space that is abutting an internal parcel line.
iv. 
Open space may not exceed 18 inches above or below the adjacent sidewalk elevation.
v. 
Open space adjacent to the street pursuant to Subsection (b)(i) shall be accessible to the public and not exclusive to project occupants, in accordance with Subsection d below.
c. 
Ground Level Pedestrian Pathway or New Street.
i. 
Ground level pedestrian pathway shall be dedicated for public use (e.g. surface easement), developed in accordance with the standards provided in Section 9.12.030(L) Ground Level Pedestrian Pathways above and Subsection d below.
ii. 
Ground level pedestrian pathways or new streets shall be dedicated for public use (e.g. surface easement), consistent with the street network map (Figure 7.01) in the Bergamot Area Plan, if one is identified on the site. For new streets, vehicular lanes or street parking shall not count towards the project's open space requirement.
d. 
Ground-Level Open Space: Public Access.
i. 
Subject to an agreement between the owner/developer and City, the Ground-Level Open Space as required in Subsections b and c above shall be accessible to the public between the hours of 6:00 A.M. and 11:00 P.M. and shall comply with all standards pursuant to this Section. The public use of the Ground-Level Open Space shall be solely for pedestrian access to and passive use by project occupants or the public, including walking, strolling, reading, passive activities, and other similar activity. Owner/developer may enforce reasonable security measures including limiting public access to any portion of such publicly-accessible Ground-Level Open Space between the hours of 11:00 P.M. and 6:00 A.M. in accordance with adopted administrative regulations established by the Director.
ii. 
Administrative Regulations. The Director may adopt administrative regulations to implement the provisions of this Section, including, but not limited to, establishing terms and conditions of the Ground-Level Open Space via an agreement between the owner/developer and City, review procedures, limitations on use within the Ground-Level Open Space, and other permit conditions and agreement requirements.
iii. 
A permittee shall comply with any other permit requirements or conditions set forth in the administrative regulations issued under this Section.
(Added by Ord. No. 2792CCS, 10/8/2024)