City of Santa Monica, CA Chapter 9.12 BERGAMOT DISTRICTS

§ 9.12.010 Purpose.

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)

§ 9.12.020 Land Use Regulations.

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. Uses not listed in Table 9.12.020 may be permitted upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, uses permitted in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior determinations on similar 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 9.31.135, 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	P	P	P	P	Section 9.31.100, Community Assembly
Community Gardens	P	P	P	P
Cultural Facilities	P	P	P	P	Section 9.31.040, Alcoholic Beverage Sales
Hospitals and Clinics	L(11)	L(11)	—	L(12), MUP
Clinics	P	P	P	—
Community Clinic	L(5)	L(5)	L(5)	L(5)
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)	No more than 10 dogs or cats may be kept overnight
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	P	P	P	P
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 sf	CUP	CUP	CUP	—
Convention and Conference Centers, 25,000 sf or greater	CUP	—	—	—
Large-Scale Facility	CUP	CUP	CUP	CUP
Small-Scale Facility	MUP	MUP	MUP	MUP
Fortunetelling	P	P	P	P
Drinking Establishments	See sub-classifications below.
Bars	MUP	MUP	MUP	L(12), MUP	Section 9.31.040, Alcoholic Beverage Sales
Taprooms	L(6)/MUP	L(6)/MUP	L(6)/MUP	L(12), L(6)/MUP	Section 9.31.040, Alcoholic Beverage Sales
Eating Establishments	See sub-classifications below.
Brewpubs (up to 5,000 square feet, including Outdoor Dining and Seating)	P	P	P	P	Section 9.31.040, Alcoholic Beverage Sales, 9.31.290, Restaurants With Entertainment, Section 9.31.200, Outdoor Dining and Seating on Sidewalks
Brewpubs (greater than 5,000 square feet, including Outdoor Dining and Seating)	P	P	P	MUP	Section 9.31.040, Alcoholic Beverage Sales, 9.31.290, Restaurants With Entertainment, Section 9.31.200, Outdoor Dining and Seating on Sidewalks
Restaurants, Full-Service, Limited Service & Take-Out (up to 5,000 square feet, 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 on Sidewalks 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 on Sidewalks 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), L(7)/MUP	L(3), L(7)/MUP	L(3), L(7)/MUP	—	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	Section 9.31.040, Alcoholic Beverage Sales
Live-Work	P	P	P	P	Section 9.31.170, Live-Work Units
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	L(12),MUP	L(12), MUP	—	L(12), MUP
Night Club	CUP	CUP	CUP	CUP	Section 9.31.040, Alcoholic Beverage Sales
Nursery and Garden Center	P	P	—	—	Section 9.31.220, Outdoor Retail Display and Sales
Offices	See sub-classifications below.
Business and Professional	L(9)/MUP	L(9)/MUP	—	—
Creative	P	P	P	P
Medical and Dental	L(9)/MUP	L(9)/MUP	—	—
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 9.31.040, Alcoholic Beverage Sales 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
Cannabis Retailers	P	P	P	P	Section 9.31.095, Cannabis Retailers
General Retail Sales, Small-Scale	P	P	P	P	Section 9.31.040, Alcoholic Beverage Sales Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale	L(3)	L(3)	L(3)	—	Section 9.31.040, Alcoholic Beverage Sales 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
Pawn Shops	—	—	—	—
Swap Meets	CUP	CUP	CUP	—	Section 9.31.360, Swap Meets
Industrial Uses
Alcoholic Beverage Manufacturing	L(3)	L(3)	L(3)	—	Section 9.31.040, Alcoholic Beverage Sales
Artist's Studio	P	P	P	P
Commercial Kitchens	L(3)	L(3)	—	L(3)
Industry, General	—	—	—	—
Industry, Limited	P	P	L(2)	L(2)
Recycling Facility	See sub-classifications below.
Recycling Collection Facility	L(12),CUP	L(12),CUP	—	—
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)	Reserved.
(2)	Limited to 4,000 square feet or less.
(3)	Permitted upon approval of a Parking and Loading Operations Plan (PLOP) by the Mobility Division.
(4)	Facilities for six or fewer residents are permitted by right. Facilities for more than six residents require an MUP.
(5)	Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met.
(6)	Permitted by-right with approval of an alcohol exemption permit in compliance with Section 9.31.040. Otherwise, an MUP is required.
(7)	A Minor Use Permit is required for new construction or additions to existing structures that result in general markets 30,000 square feet and greater.
(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 greater area and requires approval of a Minor Use Permit.
(10)	Reserved.
(11)	Hospitals and clinics of 5,000 square feet 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, October 8, 2024; amended by Ord. No. 2814CCS, May 27, 2025; Ord. No. 2829CCS, September 30, 2025; Ord. No. 2850CCS, March 10, 2026)

§ 9.12.030 Development Standards.

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 9.04.090, Determining Floor Area Ratio in Nonresidential Zoning Districts
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 9.04.090, Determining Floor Area Ratio in Nonresidential Zoning Districts
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'	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 facades 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

Figure 9.12.030(B): Minimum Tower Spacing Diagram

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 5 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

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 8 feet from the street-facing property line, or to the building frontage line required in Section 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 Facades. A minimum of 50% of each street facing façade shall be transparent and include windows, doors, and other openings between 2.5 and 8 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 3 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 8.36 - Energy Code.

FIGURE 9.12.030(D): STREET-FACING FACADES

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 facade, 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 Facades.

i. Articulated facades 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 facade area.

1. Stepbacks shall be a minimum of 5 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

G. Side Interior Stepbacks. A minimum of 15% of the exposed side interior building facade area above 39 feet shall be stepped back a minimum of 5 feet from the side property line.

FIGURE 9.12.030(F): SIDE INTERIOR STEPBACKS

H. Maximum Unbroken Primary Facade Length.

1. All new or modified buildings shall orient the primary facade to the front property line. Secondary facades shall orient to the side or rear property line.

2. Corner buildings shall have a primary facade fronting each sidewalk.

3. For facades that are greater than 150 feet, a break of 10% of the facade length, with a 5-foot minimum depth, is required. This dimension can be broken into two breaks, provided each break is greater than 5 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 FAҪADE LENGTH

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 facades.

FIGURE 9.12.030(H): ROOFLINE VARIATION DIAGRAM

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

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 facade shall be transparent, measured between 2.5 and 8 feet above finished grade.

2. Entrances shall have a minimum 3-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 2 feet from the building facade;

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 5 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 sf 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

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 6 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 1 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 2 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 1 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 1 seat per 250 square feet of ground level pathways shall be provided. Benches shall be calculated as 1 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% 2-bedroom units.

iii. Minimum 15% 3-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 sf 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(N) 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. Notwithstanding subsections (b) and (c)(ii) above, housing projects located on parcels 98,010 square feet or less in size shall be eligible for the following flexibility for streets, pathways, and ground level open space:

i. Streets and pathways identified in the BAP (Figure 7.01) may be designed through alternative means, including, but not limited to, location and type, subject to review and approval by the Director, provided the street or pathway:

(1) Does not bisect the parcel in a manner that would limit project feasibility.

(2) Improves network connections and circulation;

(3) Is usable as publicly accessible open space;

(4) Is pedestrian-scaled in design; and

(5) Aligns with BAP street network implementation with any future public investments.

ii. Minimum Ground Level Open Space: 12% of Parcel Area.

e. 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, October 8, 2024; Ord. No. 2814CCS, May 27, 2025)