O1079
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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
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Section 9101. PURPOSE. The purpose of
th1S chapter 15 to promote the public
health, safety and general welfare by
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'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
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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,
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schools, parks and ot~ ~Ilc requirements;
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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
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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
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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
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to preclude and preven~ noise pollution,
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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
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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
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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..
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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
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more than o~~, one-fam!ly'~l~iriq
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on any lQt occupied-by no more than:
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Ca) One family; and/or
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(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
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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
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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.
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SECTION 7.
Section 9146A of the Santa Monica
Municipal Code is hereby amended to add subsection 9 t~ereto
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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
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children or mentally d~sordered or
otherwise handi~apped persons on a
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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
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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.
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I.L~D
MAYOR .
ATTEST:
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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
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ABSENT:
Councilmf;.irnter: ,--: _ No~'
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