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O1040 .~ CA RLK:~:cam 8-13-76 ~ ORDINANCE NO. l040(CCS) (City Council Series) AN ORDIN~~CE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 9102 AND 9106A OF THE SANTA MONICA MUNICIPAL CODE PERTAINING TO THE R-l ZONE AND RESTRICTING USES SO AS TO LIMIT DENSITY, ZONING INCOMPAT- ABILITY AND BLIGHT. THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Sect~on 9l06A is hereby amended to read as follows: Section 9l06A-l. It is the purpose and intent of the City Council ~n adopt~ng th~s ordinance to do the following: 1. To provide in our city's R-l areas a quiet place where yards are wide, people few, and motor vehicles restr~cted. 2. To lay out ~n our R-l zone a place where fam~ly values, youth values, and the blessings of qUiE.t seclusion and clean air make the area a sanctuary for people. 3. To el~minate ln the R-l zone, boarding houses, fraternity houses, and the like. 4. To keep R-l areas free of disturb~ng nOlses, excess~ve traff~c, the hazard of moving and parked automobiles, and prevent our communlty's chlldren from the deprLvatlon of the privilege of qUlet and open spaces for play. 5. To prevent burdens on our publlc facllities, including sewers, water, electricity, and schools, by an influx and increase of people to a degree larger than the city's -1- ~ CA RLK:~ 7-19-76 ~ geographlc llmits, tax base, or flnancial capabi11tles permlt lt reasonably and responslbly to accommodate. 6. To maintain the chOlce within the communlty of varying uses so that people who desire to purchase property in a s~ngle family residentlal area wlll be afforded protection from deleterlOus environmental affects WhlCh are often felt in more densely populated areas. 7. To preclude and prevent no~se pollution, air pollutlon, and other forms of environmental pollutlon, economic deterloratlon of the cornmun~ty and blight. 8. To act 1n a tlme1y manner via the planning process to prevent ser~ous environmental decay and destructlon 1n the quality of llfe of our cornmun~ty pr~or to the tlme that the Clty'S R-l areas are destroyed, economlC deterioration is allowed to occur, crlme allowed to increase, and env~ronmental pollution and destructlon of the quallty of life of the community allowed to come about. SECTION 2. Sectlon 9102 of the Santa Monica Munic~pal Code is amended to Substltute the following new def~nltions: Compensation. Compensatlon as used in this chapter shall mean money, wages, salary, or other financial remuneratlon. Family. Famlly as used ~n this chapter shall mean two (2) or more persons related by blood, marriage or legal adoption, living and cooking together as a single house- keeping unit, exc1uslve of household servants. Guest. Guest is an unrelated person other than the prlnclpal occupant of a dwelling who resldes therein at the discretion of the principal occupant without compensation; -2- CA RLK:. 7-21-76 ~ or the pr~ncipal occupant of a guest house or a motel or boarding house. Related Persons. Related persons ~nclude and are llm~ted to the folla~lng by reason of blood, marrlage or legal adoption: father, ~Qther, wlfe, husband, son, daughter, sister, brother, aunt, uncle, grandmother, grandfather, grandson, granddaughter, nlece, nephew, legal guard~an, legal ward, step-father, step-mother, step-son, step-daughter, half-sister and half-brother. Residential Occupancy. A resident~al occupancy includes resldency, domlclle and designatlon of a place of residence or address for any purpose. This includes, but is not limlted to, an address used for state or local income tax purposes, selective service, soclal security, welfare, unem- ployment, voter reglstratlon or motor vehlcle license or registratlon. Servants. Servants are related or unrelated persons employed for compensation. The unrelated persons include other than related persons. Students. Students as used hereln are persons taking more than twelve (12) unlts per semester 1n any bona fide educational lnstitutlon. SECTION 3. Sectlon 9l06A is hereby amended to read as follows: Sectlon 9106A-2. Uses Permitted. Notwithstand- 109 any other provlsion of law, it shall be unlawful for any person to use, lease, sell, occupy, rent, advertise for, or offer any property for any occupancy or use other than the follow1ng 1n the R-l one (1) famlly residentlal d~strlct: -3- CA RLK:s~cam 8-13-76 - 1. One-fam~ly dwellings. Not more than one, one-family dwelling occupied by no more than one fam11y on any loti and, 2. Not more than S1X (6) unrelated persons, and, 3. Parks, playgrounds, beaches, or community centers, owned and operated by a governmental agencYi and/or, 4. Schools, churches and libraries, all subJect to the issuance of a use permit pursuant to sect~on 9146~ and/or, 5. Trans~t~onal resident~al uses permitt~ng a duplex having not more than one (1) dwelling un~t for each three thousand (3,000) square feet of lot area on a lot, a slde of which abuts on, or is separated by an alley from, any multiple resldential d~stricti and/or, 6. Accessory buildings and uses, including a pr~vate garage, recreation room, and accessory Ilving quarters, or any combination of such uses, provided that all requlrements as to location are compIled w~th as set forth in sectlon 9128; provlded further that accessory living quarters shall not be located on any lot having an area of less than ten thousand (10,000) square feet; and/or, 7. Notwlthstandlng any other provlslon of this sectlon, no use shall be permitted wherein the user has purposefully entered 1nto a scheme, course of conduct, conspiracy, agreement, or legal maneuver to avoid the purposes -4- --- CA RLK:c. 7-19-76 tJ set forth in this ordlnance or to avold the requlre~ents and restrlctlons of the "R-l" slngle famlly resldent1al zone. SECTION 4. Any prov1slons of the Santa Mon1ca Municipal Code, or append1ces thereto ~nconsistent herewlth, to the extent of such 1nconslstencles and no further, are hereby repealed or madlf1ed to that extent necessary to effect the provlsions of thlS ordlnance. SECTION 5. If any sectlon, subsectlon, sentence, clause or phrase of thlS ord1nance is for any reason held to be lnvalld or unconstltutianal by a declslon of any court of competent ]urlsdlction, such declsion shall not affect the valldity of the remalnlng portlans of the ordlnance. The Clty Cauncll hereby declares that lt would have passed thlS ordlnance and each and every sectlon, subsection, sentence, clause or phrase not declared lnvalld or unconstitutional wlthout regard to whether any portion of the ordlnance would be subsequently declared lnvalld or unconstltutlonal. SECTION 6. The Mayor shall slgn and the Clty Clerk shall attest to the passage of thlS ordlnance. The Clty Clerk shall cause the same to be publlshed once 1n the offlclal news- paper wlthln flfteen (15) days after ltS adoptlon. The ordlnance shall become effective after thlrty (30) days from 1.ts adoptlon. ADOPTED and APPROVED th1S 24th day of August 1976. ~~~ r/~u~ Mayor -5-