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O1079 ." - T"'- '" .. ....--'~~:.~ ~-"r ~ ~ -= ~'}~ ~-- - , .. . "" .e 1 - ""I.- .... ~ ~ ~". . ~ ~~ , '" !,~" o. . :: ; ""' "t 'F ..... ~~ ORDINANCE NO. 1679(CCS) ~T-J (City Counc~l Series) AN ORDINANCE OF THE C 1"'-. COUNCIL OF THE< CITY OF SANTA MONrO\. AMENDING ~ . CERTAIN SECTIONS OF THE PlJmNING AND ' ZONING CODE, ARTICLE IX, OF THE SANTA MONICA MUNICIPAL CODE, PERTAINING TO USES IN THE R-I ZONE. ORDAIN AS,'FOLLOWS: TIlE CITY COUNCIL O.P THE CITY OF SANTA MONICA DOES Municipal Code is hereby amended to read as follows: SECTION 1. ' Section 9101 of the Santa Monica - '-.!l:~ Section 9101. PURPOSE. The purpose of th1S chapter 15 to promote the public health, safety and general welfare by i 'provitl1ng such regulat~ons a~ are~deemed necessary to encourage the most appropriate qse of land; to conserve and stab11ize the value of pr'OpertYi to prpvide adequate open spac;es for light and -itir; and to ~. prevent and flght fires; 'Co prevent ~due- concentration of populations to lessen congestion on streets; to' faCllitate adequate prov1s10ns for community ut1l1ties and facilities such as transportation, w~te~,. s~wage, ;;... schools, parks and ot~ ~Ilc requirements; -. -1- ... ~- CA 2_78 . and for sa~d purposes to des~gnate, regulate and restrict locat1on and use of bUlld1ngs, structures, and land for residents, commerce, trade~ industry or other purposes; to regulate and limit the denslty of population by divid1ng the City into districts of such number, shape and area as may be deemed best suited to carry out these re9ulations and to provide for their enforcement; and to provide in our City's R-l areas a quiet place where yards are wide, people few and motor vehicles restricted; to layout in our R-l zone a place where family values, youth values, and the blessings of quiet seclusion and clean a1r make the area a sanctuary for people; to el~m1nate in the R-l zoa~boarding hbuses. fraternity houses, and the like; t9 keep R-l areas -:"- --.. free of dlsturblng n01ses, exceSS1ve traffic, the hazard of moving and parked automob11es, and prevent our community's children from the deprivation of the privllege of quiet ~~d open spaces for play; to prevent burdens On our publlC -2- .;: --'. . r CA 2.78 -~ . facllitles, 1ncluding sewers, water, electr1clty and ~chools, by an influx and 1ncrease of people to a degree larger than the C1tyrs geograph1c. llmlts, tax base, or financ1al capabilities permltted reasonably and responslbly to accomodate; to maintain the choice w1thln the commun1ty of varying uses so that people who desire to purchase property in a single family residential area w1ll be afforded protectlon from deleterious env1ronmental effeGts ~hiCh are often fel t ill more ~'dens.ely populated areas,f ~ to preclude and preven~ noise pollution, ~ -- ~ ..;. ~ ..- and other -fbrms of environmental pollution, economlC deterlorat10n of the communlty and blight; and, to act in a t1mely manner via the plannlng process to prevent serious envlronmental decay and ~onstructioq of the .. - quality of 11fe of our community prior to the time that the Cltyrs R-I areas are destroyed, economic deterioration is allowed to occur, crime allowed to 1ncrease, and environmental pollutlon and destruction -3- .; CA 2"78 . of the quality of l~fe of the community allowed to come about. SECTION 2. Section 9102 of the SQnta Monica Munic~pal Code 18 hereby amended to delete the definltion of students therefrom in its entirety. SECTION 3. Sectlon 9102 of the Santa Monica Mun1cipal Code is amended to substltute the following defini tlon of the term N faml1y.' for that heretofor existing: FAMILY. Famlly as used in this chapter shall mean an indlvldual, or two (2) or more persons all related to one another or a group of not more than fOHr {4}unrelated persons living and cooklng together as one housekeeping unit in a single dwell~ unit and whose income ~nd resources are avallable to meet the needs of the family. House- ~;k~epingunlts cornprlsed of both related and unrel~ted persons shall contain not more than three (3) persons who are not related to those members comprlslng the greatest number of related persons. The definition of farolly shall not encompass a living arrangement constlt- utlng a boarding house; nor shall a determination regardlng the number of.. -4- ~ ;- '';~"-". . .~- CA 2.a . unrelated lndividuals res2ding 2n a dwelling unlt encompass household servants. SECTION 4-.- Sectlon 9106A-l of the Santa Monica Mun2clpal Code is hereby deleted ln its entlrety. SECTION 5. Section 9l06A-2 of the Santa Monlca Munlclpal Code lS hereby deleted ln its ent2rety. SECTION 6. Sectlon 9106A is hereby added to the Santa Manlca Municipal Code and shall read as follows: Sectlon 9106A. USES PERMITTED. NO~wlthstandlng any other provision of-law, lt shall be unlawful for any person to use, lease, sell, occupy, rent, advertise for, or offer any property for any occupancy or us~ other than the following in the R-l one (1) faM~ly residentlal distrlct. 1. One-famlly dwellin9s. Not -~ ... ",- more than o~~, one-fam!ly'~l~iriq .-: 4:' - - ~ on any lQt occupied-by no more than: - ~~ Ca) One family; and/or .... :0 .f - ~{-' ~~ (b1 So long as Section 5116 of the Callfornla Welfare and Institutlons Code rernalns 1n effect, one state- authorized, certified or llcensed family care home, foster home or group -5- > ,r.~ .:_ CA 2_78 . home which prov~des care for four, flve or six dependent and neglected children or mentally disordered or otherwise handlcapped pe~sons on a twenty-four-hour-a-day basis, subject to the lssuance of a use permlt for such home granted pursuant to Section 9146 of this chapter; and/or 2. Parks, playgrounds, beaches, or community centers, owned and operated by a governmental agency; and/or, 3. Schools, churches and librarys, all SubJect to the issuance of a use . permit pur~~ant to- Sectlon 9l46; and/or~ 4. Transitlonal resldential uses permittlng a dugle~ having. not more than one (1) dwelllng unit for each three thousand (3,000) square feet of lot area on a lot, a side of whlCh abuts on, or is separated by an alley from, any multiple residential dlstrict; and/or, 5. Accessory buildings and uses, includlng a private garage, recreation room, and accessory Ilvlng 1" ~ _ -6- CA 2_78 e' quarters, or any combination of such 9SeS, prov~ded that all require- ments as to location are comp1ied with as set forth in Section 9128; provided further that accessory living quarters shall not be located on any lot havlng an area of less than ten thousand (lO,ODO) square feet; and/or, 6. Notwithstanding any other provision of th1s sectlon, no use shall be per:mltted wherein the user has purposefully entered into a scheme, course oT conduct, conspiracy, agreement, or legal maneuv~r to av01d the purposes set forth ~n thlso~4inance or to avoid the requlrementa and restrictions of the "R-l" slngle famlly resldentlal zone. -.. SECTION 7. Section 9146A of the Santa Monica Municipal Code is hereby amended to add subsection 9 t~ereto ~! t ? which shall read as follows: 9. In the R-l D~strict Perrnlt a state authorized, certified or licensed family care home, foster home or group home which provldes care for four, five or six dependent and neglected -7- . ~A .78 . children or mentally d~sordered or otherwise handi~apped persons on a .- _~t twenty-four-hour-a-day basis. SECTION 8. Any provlslons of .the Santa Monica Municlpal Code, or appendices thereto ~nconsistent herewith, to the extent of such ~nconslstencies and no further~ are hereby repealed or modified to that extent necessary to effect the provisions of this ord~nance. SECTION 9. If any sectlon, subsect~on, sentence, ~clause or phrase of this ord~nance is for any reason held to '" be 1nva1id or unconstitutlona1 by a de~~slon of any court of competent jurlsdiction, such decision shall not affect the validity~of the remainlng portions of the ordinance. The Clty Council hereby declares that ~t would have passed this orldnance ~nd each and~every section, subsection, sentence, clause or phrase not d~clared lnvalid or unconst1tutional wlthout regard to whether any portion-of the ordlnance would be subsequently declared 1nvalid or unconstltut~onal. SECTION 10. The Mayor shall sign and the City Clerk shall attest to the passage of thlS ord~nanc~. The City Clerk shall ,cause the same to be published once In the offic1al newspaper w1thin fifteen (15) days after its adoption. The ordinance shall become effectlve after thlrty (30) days: from its adoption. AOOJ.l-tb ana:-ADPROVED this 28th day of February , 1978. ...~-"':- ~ ~ . .; - ~ t. -~ p.. ~ ....- ~ ~ -8- ~ .. ...-. ~--v.......---~- ~ w ~ ~ CA .78 . , I.L~D MAYOR . ATTEST: ':-~ (' ~ - ~~,E~ r," ,.._ -... a .... STATE' .oF/" CAL.I.FORNI?t.-_ ) COUNTY-of LO$ AN~ES ) 59. CITY OF SAMA-~~ICA } I do hereby certlfy that the foregoin9 Qrqdnance was duly and regularly introduced at a meeting of the City Councll on the 14th day of ,February , 1978; that thereafter the sa~d ordinance was duly adopted at a meetlng of the City Council on the 28th day of February followlng vote of the Council: , 1978; by the AYES: Councilmember: Bambrick, Cohen, Scott, Mayor Swink NOES: Councilmember: Reed, Trlves, van den Steenhoven ----...~-~~---....- ABSENT: Councilmf;.irnter: ,--: _ No~' ~ -' '-' '. /-, ( 1- _,-.: - -_ 0 . ~ /_ .~-~ U 'fiTL~'-' -9- , ,