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O1007 CA ~SIS:jst 7-10-75 Rev.2 .{ .- ~..,. ~> '. ~r .r_ ~ )- -; ~-- 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. -1- , '-/ '-'" 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, -2- e e 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 -3- ~ e 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 -4- . ...... - - - 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 -1- . . . . 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 RLK:SIS:jst -2- e e ~, - 1Ir.