O1007
CA ~SIS:jst
7-10-75 Rev.2
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ORDINANCE NO.
1007 (CCS)
(C~ty CouncLl Series)
AN ORDI~ANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING
SECTION 66S7 AND 9106A OF THE SANTA
MONICA MUNICIPAL CODE IN ORDER TO
PROHIBIT CONDOMINIUMS FROM R-l ZONES.
THE CITY COU~CIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Sect~on 6657 of the Santa Mon1ca
Munic~pal Code 18 hereby amended to read as follows:
Sect1.0n 6657.
Fa1.1ure to Pay L1.cenSe - Den1.al
of Perm~ts. No perm~t for bu~ld~ng, construct~on, demolit~on,
grad~ng, subd~v~d~ng, condo~~n1.~~ construction, condom~n~um
convers~on, var~ance, conditional use or occupancy shall be
granted unless the license provlded for in this Chapter ~s
obtalned. No permit specifled hereln shall be granted for any
condorn~n~um, condom~nium conversion, or condo~inium proJect
within any R-l zone, including, but not by way of l~mitat~on,
R-IA zones, and no condom~n~um, condominium conversion, or
condoMlnium proJect shall be constructed within any R-l one-
fam~ly resldent1al district, includlng, but not by way of
11~ltatlon, R-IA distr1cts; provided, however, that such
permlts may be issued for properties comprlsed of a translt~onal
res~dential lot abutt~ng the multiple residentla1 distrlct
frontlng upon Ocean Avenue. Notwithstanding other prov~sions
of law, no occupancy pGrmit may be obta~ned under any c~rcumstances
untll the condom~nium l~cense tax has been paid for any condo-
mlnlu~, condoffilnlum converslon, or condOffilnlllm proJect ln any
zone other than any R-l zone. A cert~flcate of occupancy 15
required for the occupancy of any condom~nium, new or converSlon.
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Separate occupancy per~~ts may be oranted u~on separate payment
of the requlred license tax.
SECT ION 2.
Sectlon 9106A of the Santa r40nica
Municlpal Code lS hereby amended to read as follows:
Section 9106A. Uses Permitted.
The fo1-10w~ng
uses are perm~tted ~n the "!{_l" One Faml.ly Res~dentlal Dlstr~ct:
1. One-family dwellings. Not more than
one (1) one-famlly dwelling on any lot except that any provlslons
of thlS code to the contrary notw~thstandlng, any parcel wlthln
the area bounded by Plrst Court; Georg~na Place Harth; Fourth
Street and Montana Place North, shall be deemed to be a lot
provlded that It has not less than forty-eight (48) feet of
street frontage and not less than seven thousand flve hundred
(7,500) square feet of gross area.
2. Parks, playgrounds. beaches, or
cornmun~ty centers, owned and operated by a governMental agency.
3. Schools, churches and Ilbraries, all
SUbJect to the lssuance of a Use Permlt pursuant to Sectlon 9146.
4. Trans~tional resldentlal uses permlttlng
a duplex havlng not more than one dwelllng unlt for each three
thousand (3,000) square feet of lot area on a lot a side of
whlch abuts on, or lS separated by an alley from, any IDultiple
=es~dent~al dlstr~ct.
5. Accessory bu~ldl.ngs and uses, lncludlng
a pr~vate garage, recreation room, and accessory llving quarters
or any comblnatlon of such uses, provlded that all requlrements
as to locatlon are compl~ed w~th as set forth ln Sectlon 9128;
provided further, that accessory l~vlng quarters shall not be
located on any lot havlng an area of less tha~ ten thousand
(10,000) square feet.
6. No condoMln~um, condominllli~ converslon,
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or condomin~um proJect shall be perm~tted ln any R-l one-fam~ly
resldentlal district or In any R-IA residentlal distrlcti
prov~ded, however, that a condo~lnium, condomlnium converSlon,
or condom~nlum proJect may be perm~tted on the transltlonal
residential lots abuttlng the multiple residentlal lots frontlng
on Ocean Avenue.
SECTION 3. The prov~s~ons of this ord~nance shall
not apply to any condominlum project for which tentatlve
subdivls10n map approval has been recelved fro~ the Plannlng
Cornm~ssion, or the City Councll on appeal or reVlew.
SECTION 4. Any provlsion of the Santa Mon~ca
Munlc~pal Code, or appendlces thereto lnconsistent herewith,
to the extent of such lnconsistencies and no further, are hereby
repealed or modlfied to that extent necessary to effect the
provlslons of thlS ordlnance.
SECTION 5. If any section, subsectlon, sentence,
clause or phrase of thlS ordlnance is for any reason held to be
~nval~d or unconstitutlonal by a decislon of any court of
competent jurisdlction, such declslon shall not affect the
valldity of the remaining portlons of the ordinance. The Clty
Councll hereby declares that lt would have passed this ordlnance
and each and every section, subsection, sentence, clause or
phrase not declared invalld or unconstitut~onal w~thout regard
to whether any portion of the ordinance would be subsequently
declared lnvalld or unconstitutlonal.
SECTION 6. The Mayor shall sign and the Clty Clerk
shall attest to the passage of th~s ordinance. The Clty Clerk
shall cause the same to be pUbllshed once in the officlal
newspaper wlthln fifteen (15) days after lts adoption. The
ordlnance shall beco~e effective after thlrty (30) days from
~ts adoptlon.
ADOPTED and APPROVED this 12th day of August
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1975.
7l~~
Mayor
ATTEST:
~!6ft~ /Jtb]
e~ tY(flerk .
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES 55.
CITY OF SANTA MONICA
I do hereby cert~fy that the foregoing ordinance was
duly and regularly introduced at a meetlng of the Clty Council
on the 22nd day of
July
, 1975i that thereafter
the sa~d ord~nance was duly adopted at a meeting of the C~ty
Counc11 on the 12th day of
following vote:
Au~ust
, 1975, by the
AYES:
Councilperson: Cohen, Judson) McCloskey) Reed,
Swink, van den Steenhoven, Trives
NOES:
Councilperson: None
ABSENT:
Councilperson: None
(~(Y
APPROVED AS TO FORM:
C~ty Attorney
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CA ~SIS:Jst
7-10-75 Rev. 2
e
Santa Monical Californla
July la, 1975
TO:
Mayor and City Counc11
FROM:
City Attorney
SUBJECT:
Ordinance Prohibit1ng Condomlniums In R-l Zones
INTRODUCTION
ThlS report transm1ts the attached ordinance which
~ncorporates a prohibition against having condo~iniums in
R-l zones as a part of the Zoning Ordinance.
BACKGROUND
The attached ordlnance would amend Section 6657 and
Seetlon 9106A of the Santa Monlca Municipal Code. Section 6657
refers to the condominium l1cense ordlnancel and the amendment
would prohibit the issuance of a condominium permit for any
condomlnlum, condominium conversion or condominium proJect in
an R-l zone, except for transitional residential lots abutting
the mulitple resident~al dlstrict fronting on Ocean Avenue.
Seetlon 9l06A would be amended by the attached
ordlnance to add a restrictlon on uses permitted in the R-l
zoning district and would spec1fically proh1bit condomlnlumsl
condom~n~um conversions or condominium proJects in any R-l
one-family residential district, w~th the same exception as
above.
Thus, by amend2ng both the condomlnium l1cense
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ordinance and the zon~ng ordinance, the Santa Mon~ca Munlclpal
Code would contain affirmative provisions to the effect that
condominiums are not permltted in R-l zones. Because this
ordlnance would involve a change to Santa Monica Zoning
Ordinance, it has been presented to the City Planning Comm1ss1on,
and a public hearlng has been held and the attached ordinance
has received the recommendation of the Planning Commission.
ALTERNATIVE SOLUTIONS
Not applicable.
RECOMMENDATION
It 1S respectfully recommended that the Clty Council
adopt the attached resolution.
Prepared by:
Richard L. Knlckerbocker, City Attorney
Samuel I. Strelchman, Assistant Clty Attorney
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