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CA:RMM:jld379/hpc
eity eouncil Meeting 4-24-90
APR 2 4 1990
Santa Monica, California
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50-':;-::C ~ -t
MA'I 1 199n
STAFF REpORT
TO:
Mayor and City Council
FROM:
city staff
SUBJECT:
ordinance Amending Santa Monica Municipal Code
sections 9000.3 and 9021.4 and Adding section
9055.13 to the Santa Monica Municipal Code to
Implement the County Hazardous Waste
Management Plan and Certification of EIR Review
and Consideration
This Staff Report recommends that the City Council
introduce for first reading an ordinance amending the C5 Zoning
District and establishing performance standards to implement the
County Hazardous Waste Management Plan ("eoHWMP") .
Staff
recommends implementation of the CoHWMP by ordinance, one of the
three options permitted by the state. The Zoning Ordinance would
be amended to include a definition of an off-site hazardous waste
facility, inclusion of the use in the C5 District subject to the
issuance of a conditional use permit, and special requirements
that would apply to any facility proposed in the C5 District.
To implement the required action, staff proposes to make
three changes to the zoning ordinance. First, in section 9000.3,
include a definition of an off-site hazardous waste facility.
Second, in section 9021.4, include off-site hazardous waste
facility as a conditionally permitted use in the C5 District.
Third, in Section 9055.13, include in Special Conditions for
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Condi tional Uses requirements for an off-site hazardous waste
facility. These changes have been underlined and appear on pages
11, 20, and 21 of the accompanying ordinance. In addition, the
City council will need to certify that it has reviewed and
considered the County-prepared ErR on the eoHWMP.
BACKGROUND
In an attempt to achieve a comprehensive statewide program
for hazardous waste management, the state adopted AB 2948
("Tanner Actll) in 1986. The Act authorizes each county to
prepare a county hazardous waste management plan. The county
plan must in turn be adopted by a majority of the cities which
contain a majority of the population within the county in order
to take effect.
In March, 1987, the Los Angeles county Board of Supervisors
initiated preparation of the CoHWMP. The Board established the
county Hazardous Waste Management Advisory committee and
appointed members representing private industries, governmental
agencies, the Sierra Club, the League of Women Voters, and other
interested citizen groups. The City Selection Committee
appointed seven members representing cities in Los Angeles County
to serve on the Advisory eommittee. eouncilmember William
Jennings was selected to represent the city of Santa Monica on
the Advisory Committee.
During the preparation of the Draft CoHWMP, the County
conducted a series of four community Information/workshops during
October and November, 1987, and made presentations to various
Chambers of Commerce, to encourage pUblic input and policy
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directives for hazardous waste management practices in Los
Angeles County. Nine public hearings were also conducted to
receive comments on the Draft CoHWMP and its accompanying
Environmental Impact Report during the public review period which
was conducted between March 30 through April 21, 1988.
The CoHWMP was adopted by the ci ty of Santa Monica on
February 11, 1989, and then approved by the Los Angeles Board of
Supervisors on March 21, 1989. On November 30, 1989, the state
Department of Health Services approved the document which then
gave cities within the County 180 days to initiate one of the
following actions:
1. Incorporate applicable portions of the CoHWMP, by
reference, in the city's General Plan.
2. Adopt a city hazardous waste management plan which is
consistent with CoHWMP.
3. Enact an ordinance which requires that all applicable
land use decisions be consistent with the applicable portions of
the CoHWMP.
The city of Santa Monica must adopt one of the three
options by the end of May, 1990, in order to comply with the
state requirements. staff is recommending that the city
implement option number three since the requirements of the
CoHWMP affect such a limited area in Santa Monica. within the
City of Santa Monica, the County plan recognizes the Olympic
corridor or the C5 District as an area which may be suitable for
an off-site hazardous waste transfer, storage, treatment, or
recycling facility. Due to the strict siting requirements, it
is unlikely a hazardous waste facility could be developed within
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the City, and should such a facility be proposed, it would
require a conditional use permit.
On February 27, 1990, the Planning Commission conducted a
public hearing and approved a resolution of intention to amend
the Zoning Ordinance according to staff's recommendations.
The definition of "off-site hazardous waste facility" and
the proposed siting requirements were taken directly from the
adopted County Hazardous Waste Management Plan. The CoHWMP
contains 35 siting factors, six of which apply specifically to
the C5 District in Santa Monica and therefore will be part of the
CUP review process. These factors will limit where a facility
may be located. The most significant factor, proximity to
populations, requires that facilities be located at least 2,000
feet from any residential use, public assembly use, hospital,
convalescent home, or school. This will substantially limit
where a facility may be located. The other factors relate to
flood hazard, seismic activity, discharge of treated effluent,
ground water, and transportation. Compliance with these factors
will help to ensure that facilities do not impact the surrounding
area. These factors address the most obvious impacts identified
by the county; however, should the Planning Commission determine
that additional conditions are necessary, these conditions may be
imposed during the public hearing process.
As the Lead Agency, the County prepared an EIR on the
CoHWMP. The Draft CoHWMP and the Draft EIR were submitted to the
cities during the first week of January, 1988, and the last week
of March, 1988, respectively. The draft documents were also
submitted to the state Clearing House, the Southern California
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Hazardous Waste Management Authority, various other public
agencies, industry, or manufacturing groups, and other interested
parties. Nine public hearings were conducted during the months
of March and April, 1988, to solicit further input and comments
on both documents.
Comments received on the Draft EIR were
included and responded to in the Final EIR.
The EIR was
certified by the County Board of Supervisors on March 21, 1989.
The proposed City council action is consistent with CoHWMP
and the certified EIR. At this stage, the City is acting as a
Responsible Agency under CEQA and needs to certify that the City
eouncil has reviewed the EIR and has considered the information
contained in it in making its decision on this matter. Should an
off-site hazardous waste facility be proposed, city initiated
environmental review of the facility would be required.
RECOMMENDATION
It is respectfully recommended that:
1. The City eouncil certify that it has reviewed the EIR
prepared for the eounty Hazardous Waste Management Plan and has
considered the information contained in the EIR.
2. The accompanying ordinance be introduced for first
reading.
PREPARED BY: Paul Berlant, Director of Planning
Suzanne Frick, Principal Planner
Robert M. Myers, city Attorney
Joseph Lawrence, Assistant city Attorney
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CA:RMM:lj1376/hpc
city eouncil Meeting 4-24-90
Santa Monica, California
ORDINANeE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 9000.3 and 9021.4 AND ADDING SECTION
9055.13 TO THE SANTA MONICA MUNICIPAL CODE
TO IMPLEMENT THE COUNTY HAZARDOUS WASTE
MANAGEMENT PLAN
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.. Section 9000.3 of the Santa Monica Municipal
Code is amended to read as follows:
section 9000.3.
phrases as used in
meanings:
Definitions.
this Chapter
The
shall
following
have the
words or
following
Accessory Buildinq. A detached building which is located
on the same lot as the principal building and is incidental and
subordinate to the principal building in terms of both size and
use.
Accessory Living Quarters. Living quarters within an
accessory building for the sole use of persons employed on the
premises or for use by guests of the occupants of the premises.
Such quarters shall not have cooking facilities and shall not be
rented or used as a separate dwelling.
Accessory Use. A use of land or of a building or a portion
of the land or building incidental and subordinate to the
principal use of the land or building and located on the same lot
as the principal use.
Act of Nature. A natural occurrence such as an earthquake,
flood, tidal wave, hurricane or tornado whiCh causes sUbstantial
damage to buildings or property.
Al tered Grade. A change in the elevation of the ground
surface from its natural state due to grading, excavation or
filling.
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Arcade. A public passageway or colonnade open along at
least one side, except for structural supports, usually covered
by a canopy or permanent roofing.
Art Gallery. A room or structure in which original works
of art or limited editions of original art are bought, sold,
loaned, appraised, or exhibited to the general public.
Artist Studio. A room or structure in which original works
of art are created on site. Living quarters for the artist may be
permitted provided the area devoted to living quarters does not
exceed 50% of the square footage of the total studlO space.
Attic. The area located above the ceiling of the top story
and below the roof and not usable as habitable or commercial
space.
Auditorium. A building or room designed to accommodate
groups of people for meetings, performances or events.
Automobile Center. A grouping of individual
dealerships offering a variety of automobile makes
proposed as a single development project.
A'!Jtomobile Dealership. Any business establishment which
sells or leases new or used automobiles, trucks, vans, trailers,
recreational vehicles, boats or motorcycles or other similar
motorized transportation vehicles. An automobile dealership may
maintain an inventory of the vehicles for sale or lease either
on-site or at a nearby location and may provide on-site
facilities for the repair and service of the vehicles sold or
leased by the dealership.
automobile
and models
Automobile Display Lot. Any property used for the display,
lease and sale of new or used automobiles, light trucks, vans,
trailers, recreational vehicles, motorcycles, boats or other
similar vehicles.
Automobile Repair Facility. Any building, structure,
improvements or land used for the repair and maintenance of
automobiles, motorcycles, and trucks including but not limited to
body, fender, muffler, or upholstery work, oil change and
lubrication, painting, tire service and sales, or the
installation of CB radios, car alarms, stereo equipment, or
cellular telephones.
Automobile Sales Facility. See Automobile Dealership.
Automobile Storage Lot. Any property used for short or
long term parking of vehicles for sale or lease at an automobile
dealership.
Automobile Washing Facility. Any building, structure,
improvement or land principally used for washing motor vehicles.
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Automobile Rental Agency. Any business establishment which
rents or otherwise provides motorized transportation vehicles on
a short-term basis typically for periods of less than one month,
and which maintains such vehicles on-site or at a nearby
location. For the purpose of this Chapter, rental of trucks
exceeding one ton capacity or rental of other heavy equipment
shall constitute distinct uses separate from an automobile rental
agency.
Average Natural Grade. The average elevation of the ground
level of the parcel surface in its natural state as measured from
the corners of the parcel. However, in connection with
development projects in the Ocean Park Districts, average natural
grade shall have the same meaning as "theoretical grade, rr or
"grade, theoretical."
Awninq. A temporary shelter supported entirely from the
exterior wall of a building. Awnings may be fixed or
collapsible, retractable, or capable of being folded against the
face of the supporting building.
Balcony. A platform that projects from the wall of a
building and is surrounded on the exposed sides by a railing or
wall up to 42 inches in height.
Basement.
first floor.
finished first
natural grade.
The portion of a structure below the finished
A basement shall be considered a story if the
floor extends more than 3 feet above the average
Bed and Breakfast Facility. A building or portion of a
building used as a temporary lOdging place for individuals which
does not have more than four guest rooms and one kitchen.
Bedroom. A private room planned and intended for sleeping,
separated from other rooms by a door and accessible to a bathroom
without crossing another bedroom.
Boardinq House. A residential building with common cooking
and eating facilities where a room or any portion of a room is
rented to a person or persons unrelated to the person renting the
room.
Building. Any structure having a roof supported by columns
or walls and intended for the shelter, housing, or enclosure of
any individual, animal, process, equipment, goods, or materials
of any kind or nature.
Building Bulk. The aggregate of three dimensional forms
making up a building.
Building Coverage. The horizontal area measured within the
perimeter of the exterior walls of the ground floor or upper
floors that overhang the ground floor of all principal and
accessory buildings on a lot.
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Building Height. The vertical distance measured from the
existing average natural grade to the highest point of the roof.
However, in connection with development projects in the Ocean
Park Districts, building height shall mean the vertical distance
measured from the theoretical grade to the highest point of the
roof.
Building Mass. Three dimensional forms,
which are cubes, boxes, cylinders, pyramids
building is rarely only one of these simple
generally a composite of these forms.
the simplest of
and cones. A
forms, and is
Buildinq, Principal. A building in which the principal use
of the lot on which it is located is conducted.
Buildinq Size. The aggregate of building mass and building
bulk permitted on a lot which is defined by height regulations,
setbacks, and other property development standards.
Canopy. A roof-like cover that projects from the wall of a
building for the purpose of shielding a doorway, window or wall
from the elements.
Chanqe of Use. The establishment of a different use from
the previous use. A change of ownership for continuation of an
existing use does not constitute a change of use.
Child Day Care Center. Any child day care facility, other
than a family day care home, that provides care, protection, and
supervision for more than six children for periods less than 24
hours per day and where the owner or operator does not reside at
the child day care establishment. Child day care centers shall
include infant centers, preschools, nursery schools, and extended
day care facilities.
Church. See Place of Worship definition.
Cinema. A motion picture theater where the primary use is
to show motion or video pictures and to which admission is free
or a fee is charged, received or collected, either by the sale of
tickets or by any other means or device by which money or
something of value is received or paid therefor.
Club. A group of people organized for a common purpose to
pursue common goals, interests or activities and usually
characterized by certain membership qualifications, payment of
fees and dues, regular meetings, and a constitution or by-laws.
Common Open Space. Usable open space which is for the use
of the residents of two or more dwelling units.
c~mmunity Care Facility. Any facility, place, or building
which 1S maintained and operated to provide non-medical
residential care, adult day care, or home finding agency services
for children, adults, or children and adults including but not
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limited to the physically handicapped, mentally impaired, or
incompetent persons, and includes the fallowing:
(1) "Residential Care Facilityll means any family home,
group care facility for 24-hour non-medical care to persons 18
years of age or older in need of personal servlces, supervision,
or assistances essential for sustaining the activities of daily
living or for the protection of the individual.
(2) 1IAdult Day Care Facility" means any facility which
provides non-medical care to persons 18 years of age or older in
need of assistance essential for sustaining the activities of
daily living or for the protection of the individual on less than
a 24-hour basis.
Conditional Use Permit. A discretionary permit obtained in
accordance with Subchapter lOF, permitting the establishment of
particular uses in a zoning dlstrict.
Cultural Facilities. Museums, galleries, theaters and the
like, which promote educational and aesthetic interest within a
community.
Drive-Throuqh or Drive-In Restaurant. A restaurant where
customers may be served food in their vehicles for consumption
either on or off the site.
Duplex. One structure on a single lot containing two
dwelling units, each of which is functionally separated from the
other.
Dwelllnq. A structure or portion thereof which is used
principally for residential occupancy.
Dwelling, MUlti-Family. A dwelling containing two or more
dwelling units.
Dwelling, single-Family. A
dwelling unit which contains only
located on a permanent foundation.
building containing one
one kitchen and which is
Dwelling Unit. One or more rooms, designed, occupied, or
intended for occupancy as separate living quarters, with full
cooking, sleeping, and bathroom facilities for the exclusive use
of a single household.
Dwelling Unit, Efficiency. A dwelling unit consisting of
not more than one habitable room together with kitchen or
kitchenette and bathroom facilities.
Electric Distribution Substation. An assembly of equipment
which could include fuel cells and microwave, cable, radio and/or
other communication facilities as part of a system for
distribution of electric power where electric energy is normally
received at a sub-transmission voltage and transformed to a lower
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voltage, and/or produced at this lower voltage in case a fuel
cell is installed, for distribution to the customer.
Facade. The exterior side of a building.
Fast-Food or Take-Out Restaurant. A restaurant where
customers purchase food at a walk-up window or counter and either
consume the food on the premises within a short period of time or
take the food off the premises. A restaurant shall not be
considered a fast-food or take-out restaurant solely on the basis
of incidental or occasional take-out sales.
Fence. A barrier of any material or combination of
materials functioning as an enclosure or for screening.
Fence Heiqht. The vertical distance between the ground
and top of a fence measured from the existing grade. The height
shall be measured in a continuum at each point along the fence.
Finished First Floor. The top of the
structure which does not extend more than
average natural grade.
f~rst floor of a
3 feet above the
Floor Area. The total gross horizontal areas of all floors
of a building, including usable basements below the roof and
measured from the interior face of exterior walls, or a wall
separating two buildings excluding:
(1) Stairways and stairwells.
(2)
shafts.
Elevators, elevator equipment rooms, and elevator
(3) Ramps to a subterranean or semi-subterranean parking
structure or ramps between floors of a parking structure
providing the ramp does not accommodate parking.
(4) Unenclosed decks, balconies, and platforms not used
for commercial or restaurant activity.
(5) Exterior courtyards, arcades, atria, paseos,
walkways, and corridors whether or not covered by a roof provided
they are not used for commercial or restaurant activity.
(6) The volume above interior courtyards, atria, paseos,
walkways, and corridors whether covered or not.
(7) Subterranean and semi-subterranean parking structures
used exclusively for parking and loading and unloading.
(8) At grade parking not covered by a building,
structure, or roof.
(9) Loading docks open or covered by a roo f or canopy,
but otherwise unenclosed and used exclusively for loading and
unloading.
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( 10) Mechanical equipment rooms # electrical rooms,
telephone rooms, and similar space if located below grade.
Floor area shall include those areas occupied by the
following:
(1) Restrooms# lounges, lobbies, kitchens, storage areas#
and interior hallways and corridors.
(2) The floor area of interior courtyards, atria, paseos,
walkways # and corridors covered by a roof or skylight.
(3) Covered at-grade parking.
(4) Above grade parking.
Floor area devoted to covered at-grade parking shall be
counted at two thirds of the actual area if all of the following
conditions are met:
(1) The floor devoted to parking does not exceed 10 feet in
height.
(2) There is at least one level of subterranean or
semi-subterranean parking provided on the lot.
(3) The at-grade and above grade parking levels are
screened from view.
(4) There is no parking on the ground floor within 40 feet
of the front property line.
(5) The design of the parking levels is compatible with the
design of the building as determined by the Architectural Review
Board.
Floor Area Ratio (FAR). The floor area of all buildings on
a lot divided by the lot area.
Game Arcade. Any place open to the public in which there
are four or more games or amusements. These games or amusements
include but are not limited to, electronic, video, and pinball
machines # whether coin operated or on free play.
Garaqe. An accessory building or portion of a principal
bU11ding for the parking or temporary storage of automobiles of
the occupants or users of the premises.
Garaqe, Semi -Subterranean. A structure used for parking
and storage of vehicles located partly underground, with the
finished floor of the first level of the structure not more than
three feet above the average natural or existing grade of the
lot, except for openings for ingress and egress.
Garaqe, Subterranean. A structure wholly or partly
underground, the ceiling of which is not more than two feet above
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the average natural grade, except for openings for ingress and
egress.
General Retail. Businesses which are engaged in selling
goods or merchandise to the general public and which provides
services incidental to the sale of such goods.
Grade, Theoretical. An imaginary line from the midpoint of
the lot on the front property line to the midpoint of the lot on
the rear property line.
Grading. Any stripping, cutting, soil removal, filling, or
stockpiling of earth or land.
Ground Cover. A low growing woody or herbaceous plant with
low, compact growth habits which normally crawls or spreads, and
which forms a solid mat or dense cover over the ground within two
years of installation. Mature heights of groundcover will
usually range from three inches to three feet.
Ground Floor. The first level of a building other than a
basement.
Ground Floor Street Frontaqe. The first level of a
building, other than a basement, to a depth of no less than 50
feet of the front of the lot.
Habitable Space. space
sleeping, eating, or cooking.
storage or utility space, and
habitable space.
in a dwel11ng unit for living,
Bathrooms, closets, halls,
parking areas are not considered
Hardscape. An open area comprised of durable non-living
materials including, but not limited to rocks, pebbles, sand,
wood, mulch, chips, walls, fences, planters, bricks, stone,
aggregate, natural forms, and water features.
Hedge. A barrier of plant material functioning as an
enclosure or used for screening.
Home Occupation. A home enterprise in a residential
dwelling unit incldental and secondary to the use of the dwelling
unit and compatible with surrounding residential uses.
Home Occupation Permit. An administrative permit obtained
in accordance with Subchapter lOB to allow a home occupation.
Hospice. A facility that provides residential living
quarters for up to six terminally ill persons. A hospice is a
permitted use in all residential districts.
Hotel. A building, group of buildings, or a portion of a
building which is designed for or occupied as the temporary
lodging place of individuals for less than 30 consecutive days
including, but not limited to, an establishment held out to the
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publ ic as an apartment hotel, hostel, inn, time share proj ect,
tourist court, or other similar use.
Household. Persons living together in a single dwelling
unit, with common access to, and common use of all living and
eating areas and all areas and facilities for the preparation and
storage of food within the dwelling unit.
Incidental Food Serv ice. Any building, room I space I or
portion thereof where food is sold at retail where less than 250
square feet (interior and exterior) is utilized for on-site
consumption of any food or beverage, including seating, counter
space or other eating arrangement.
Kitchen. A room or space within a building intended to be
used for cooking or preparing food.
Landscaped Area. The area within the boundaries of a given
lot which consists of liv~ng plant material including, but not
1 imi ted to, trees, shrubs, woody and herbaceous ground covers,
grass, flowers, vines, lrrigation systems, and other design
features commonly used in landscaping, but not including
walkways, driveways, patios, and other landscape features that
use smooth concrete or asphalt.
Large Family Day Care Home. A home which provides family
day care to 7 to 12 designated children daily, inclusive,
including children who reside at the home.
Light Manufacturinq. Manufacturing uses conducted within
an enclosed building that include fabrlcating, assembling,
testing, repairing, servicing or processing products where the
nature of the operation is not obnoxious or offensive by reason
of emission of odor, dust, noxious gas, noise, vibration, glare,
heat or other adverse environmental impacts.
Living Area. The interior habitable area of an existing
principal dwelling unit lncluding basement and shall not include
a garage.
Livinq Quarters. A structure or portion thereof Which is
used princlpally for human habitatlon.
Loading Space. An off-street space or berth on the same
lot with a building for the temporary parking of a vehlcle while
loading or unloading of goods.
Loft. See Mezzanine.
Lot. A lot.
Low Income Household. A household whose gross annual
income is between 51% and 80% of the median income of the Los
Angeles-Long BeaCh-Anaheim Primary Metropolitan statistical Area
(PMSA), as detennned periodically by the U. S. Department of
Housing and Urban Development (HUD) , adjusted for household size.
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Manufactured Housinq. A residential structure
off-site and moved to a designated site for placement
permanent foundation.
built
on a
Mezzanine. An intermediate level wi thout walls or
partitions, placed in any story or room and open to the space
below. When the total area of any such mezzanine floor exceeds
33 1/3 percent of the of the total floor area in that room, it
shall constitute an additional story. The clear height above or
below a mezzanine floor shall not be less than 7 feet. No more
than one continuous mezzanine may be permitted in anyone room.
A mezzanine shall be considered a loft.
Middle Income Household. A household whose gross annual
income is 100% of the median income of the Los Angeles-Long
Beach-Anaheim Metropolitan Statistical Area (PSMA), as determined
periodically by the U.s. Department of Housing and Urban
Development (HUD) adjusted for household size.
Mini-Mart. A small retail store selling commonly
purchased groceries, fast-foods, household goods, and impulse
items, and located on the same lot as a service station or
operated in conjunction with a service station with common
parking.
Minor Repair of Veh~cles. Transmission, muffler, and
radlator work, lUbrication, repair of brakes, generators, water
p';lmps, batteries, and other minor components, replacement of
w~per blades, fuses, radiator caps, lamps, and other minor
accessories, changing, and mounting of tires, wheel alignment,
tune-up, minor electrical repairs, and similar repairs and
services. Minor repair of vehicles shall not include repairs
that cause environmental nuisances including but not limited to
engine and drive train overhaul, auto dismantling, body and
fender work, welding, repair of tops, seat covers, and
upholstery, auto glass work, painting, rebuilding batteries, tire
recapping or retreading, and similar work.
Mixed Use Development. The development of a lot or
building with two or more different land uses such as, but not
limited to a combination of residential, office, manufacturingJ
retail, public, or entertainment in a single or physically
integrated group of structures.
Mobilehome Park. See Trailer Park.
Moderate-Income Household. A household whose gross
annual income is between 81% and 120% of the median income of the
Los Angeles-Long Beach-Anaheim primary Metropolitan Statistical
Area (PMSA)J as determined periodically by the u.s. Department of
Housing and Urban Development (HUD), adjusted for household size.
Motel. An establishment providing transient accommodations
containing six or more rooms with at least 25% of all rooms
having direct access to the outside without the necessity of
passing through the main lobby of the building.
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Neighborhood
3,000 square feet
products including
beverages.
Grocery store. Any small market not exceeding
of floor area selling a fUll range of food
meat, dairy, vegetable, fruit, dry goods, and
Net Residential Area. An area of land zoned for
residential uses exclusive of public streets or land dedicated
for streets but including the area to the center line of a rear
alley.
Night Club. An establishment which primarily offers live
entertainment or dancing and which may serve food or beverages.
Nonconforming Building or Structure, Legal. A structure,
the size, dimension, or location of which were lawful prior to
the effective date of this Chapter or any amendment thereto, but
which fails to conform to the present requirements of the zoning
district.
Nursing Home. A facility licensed to provide full-time
convalescent or chronic care to individuals who, by reason of
advanced age, chronic illness, or infirmity are unable to care
for themselves.
Off-site Hazardous Waste Facility. An operat1on involvinq
~andling, treatment, storage, or disposal of a hazardous waste in
one or more of the following situations:
1. The hazardous waste is transported via commercial
~ailroad, a public owned road or public waters, where adjacent
land is not owned by or leased to, the producer of the waste.
2. The hazardous waste is at a site which is not owned
by or leased to, the producer of the waste.
3. The hazardous waste is at a site which receives
hazardous waste from more than one producer.
outdoor storaqe. The keeping, in an unroofed area, of any
goods, junk, material, merchandise, or vehicles in the same place
for more than 72 hours.
Overlay District. A zoning designation specifically
delineated on the Districting Map establishing land use
requirements that govern in addition to the standards set forth
in the underlying residential, commercial or industrial district.
Parabolic Antenna. An accessory structure of any shape,
including the main dish and covering, feedhorn, low no~se
amplifier, structural supports and all other components thereof,
which transmits and receives electromagnetic waves by line of
sight.
1. Groundmounted Dish Antenna. A parabol ic antenna, the
entire weight of which is supported by an approved platform,
framework, pole, or other structural system, whJ.ch system is
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affixed directly on or in the ground by a foundation and which
system is freestanding, excluding lateral bracing to a building.
2. ~eight. The vertical distance between the highest
point of an antenna when actuated to its most vertical position
and grade below, for a groundrnounted dish antenna, and to the
roof below for a roofmounted dish antenna.
3. Microwave Relay Antenna.
antenna, typically disc or double
element external to the disc, that
with another similar antenna.
A transmitting and receiving
convex shaped with no active
communicates by line of sight
4. Reasonable Functional Use. That posit1oning of a
parabolic antenna which permits substantially unobstructed line
of sight with geosynchronous orbiting satellites from or to which
the dish antenna receives or transmits electromagnetic waves.
5. Roofmounted Dish Antenna. A parabolic antenna, the
entire weight of which is supported by a building through the use
of an approved framework or other structural system, which system
is affixed to one or more structural members of the roof of the
building or to any structural portion of the building above the
roofline.
6. Satellite Earth Station Antenna. An antenna that
receives or transmits communications by line of sight with a
geosynchronous orbiting satellite.
7. Screeninq. The effect of locating a parabolic antenna
behlnd a building wall, fence, landscaping, berm, and/or other
specially designed device so that view of the dish antenna from
adjoining and nearby public street rights-of-way and private
properties is precluded or minimized to the extend reasonable
8. TVRO Antenna. Television receiving only antenna.
Parapet. A low wall or railing not exceeding 42 inches
above the roof and along its perimeter.
Parcel. A portion of land separated from other portions of
land by legal description, as on a subdivision or record of
survey map, or by metes and bounds. Parcel shall also include
two or more lots combined to be used, developed, or built upon as
a unit as provided for in section 9002.1.
Parcel Area. The total area within the property lines of a
parcel, excluding any street or alley right-af-way.
Parcel, Corner. A parcel of land abutting two or more
streets at their intersection, or upon two parts of the same
street forming an interior angle of less than 135 degrees.
Parcel Coverage. That portion of the parcel that is
covered by buildings and structures. Parcel coverage shall
include that area of the parcel directly below any upper level of
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a building or structure that lS cantilevered beyond the edge of
the first level of the building or structure.
Parcel Depth. The distance measured from the front parcel
line to the rear parcel line as per the legal description of the
property.
Parcel r Flaq. A parcel not fronting on or abutting a
public road and where access to the public road is by a narrow,
right-of-way or driveway.
Parcel Frontaqe. The width of the front parcel line
measured at the street right-of-way.
Parcel, Key. The first interior parcel to the rear of a
reversed corner parcel and not separated therefrom by an alley.
Parcel Line. A line of record bounding a parcel which
divldes one parcel from another parce.l or from a public or
private street or any other public space.
Parcel Line, Front. The parcel line separating a parcel
from a street right-of-way. In the case of a corner parcel, the
line separating the narrowest street frontage of the parcel from
the street shall be considered the front.
Parcel Liner Rear. The parcel line opposite and most
distant from the front parcel line: or in the case of triangular
or otherwise irregularly shaped parcel, a line ten feet in length
entirely within the parcel, parallel to, and at a maximum
distance from the front parcel line.
Parcel Line, Side. Any parcel line other than a front or
rear parcel line.
Parcel, Reversed Corner. A corner parcel, the side street
line of which is substantially a continuation of the front parcel
line of the first parcel to its rear.
Parcel, Through. A parcel which fronts on two parallel
streets or which fronts upon two streets which do not intersect
at the boundaries of the parcel.
Parcel Width. The horizontal distance between the slde
lines of a parcel measured at right angles to its depth along a
straight line parallel to the front parcel line at the street or
public right-of-way that is identified as the parcel's address.
Pedestrian Orientation. Design qualities and elements that
contribute to an active, inviting street level environment making
the area a pleasant place to walk and shop including but not
limited to:
(a) street furniture.
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(b) Design amenities related to the street level such as
awnings, paseos, arcades.
(c) visibility into buildings at the street level.
(d) Highly articulated facades at the street level with
interesting uses of material, color, and architectural detailing.
(e) Continuity of the sidewalk with a minimum of
intrusions into the pedestrian right-af-way.
(f) Continuity of building facades along the street with
few interruptions in the progression of buildings and stores.
(g) Signage oriented and scaled to the pedestrian rather
than the motorist.
(h) Landscaping.
Pedestrian Oriented Use. A use which is ~ntended to
encourage walk-in. customers and which generally does not limit
the number of customers by requiring appointments or otherwise
excluding the general public. A pedestrian oriented use may
suggest or require appointments for services when primarily for
the convenience of the customer, such as reservations with
restaurants, beauticians or optometrists to avoid being turned
away due to unavailability.
Penthouse. A structure not exceeding 14 feet in height
located on the roof of a building used for the purpose of
sheltering mechanical equipment or vertical shaft openings in the
roof.
Performance standards Perm~ t. An administrative permit
obtained in accordance with Subchapter 100.
Permitted Use. Any use allowed in a Zoning district and
subject to the restrictions applicable to that zoning district.
Place of Worship.
buildings or structures,
primarily intended for
accessory uses associated
A building or structure, or groups of
which by design and construction are
conducting religious services and
therewith.
Planning commission. The seven member body responsible for
carrying out functions with respect to planning and zoning as may
be prescribed by this Article.
Porte Cochere. A roofed structure extending from the
entrance of a building over an adjacent driveway, the purpose of
which is to shelter persons entering and exiting a building.
Primary Space. Living room, dining room, family room,
library, or similar such activlty room in a dwelling unit.
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~rimary Window. A glazed surface whose area is larger than
any other glazed surface in a room which serves as a primary
space.
Principal Use. The primary or predominant use of any site.
Photocopy Shop. An establishment that reproduces or prints
documents. A print shop shall be considered to be the same as a
photocopy shop.
Private Club or Lodge. A building and related facilities
owned or operated by a corporation, association, or group of
individuals establ ished for the fraternal, social, educational,
recreational, or cultural enrichment of its members and not
primarily for profit, and whose members meet certain prescribed
qualifications for membership and pay dues. A private club or
lodge does not include a facility where the principal membership
requirement is payment of a membership or admission fee.
Private Tennis Court. A tennis court which is used for
non-commercial purposes by the owner of the property or their
guests.
Public Land. Any government owned land, including but not
limi ted to public parks, beaches, playgrounds, trails, paths,
schools, public buildings, and other recreational areas or public
open spaces.
Public utility service Center and service Yard. Any
building or property used for the administration of public
utility repair, maintenance, and installation crews, warehouse,
storage yard or maintenance garage including vehicle parking of a
public utility.
Residential Care Facil ity. A group housing arrangement
chosen voluntarily by residents over 60 years of age, but also
including persons under 60 with compatible needs, who are
provided varying levels and intens~ties of care and supervision
or personal care, based upon their varying needs, as determined
in order to be admitted and remain in the facility.
Residential Use. One or more rooms designed, occupied, or
intended for occupancy as primary living quarters in a building
or portion thereof.
Restaurant. Any building, rOOID, space, or portion thereof
where food is sold for consumption on site. A restaurant does
not include incidental food service.
Rest Home. An extended or intermediate
licensed or approved to provide health care
supervision for 24 or more consecutive hours
patients who are not related to the governing
members by marriage, blood, or adoption.
care facility
under medical
to two or more
authority or its
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Roof. That portion of a building or structure above walls
or columns that shelters the floor area or the structure below.
Sanitarium. An institution for the treatment of persons
with chronic and usually long term illnesses.
Secondary Window. Window serving a bedroom, bathroom,
kitchen, stairway, corridor, or storage area in a dwelling unit,
or a window in a primary space which is not a primary window.
Self-Serv1ce Storaqe Warehouse (Mini-Warehouse) . A
warehouse operation where customers rent or lease, and have
direct access to, individual storage areas, compartments, or
rooms within a larger structure or structures provided for
storage use.
Senior Citizen. An individual 62 years of age or more.
Senior Group Housinq. A building or buildings, including a
single family dwelling, that provides residence for a group of
senior citizens with a central kitchen and dining facilities and
a separate bedroom or private living quarters.
Service station. Any establishment whose primary function
is the retail sale of petroleum products and veh1cle accessories
normally associated with this use, and shall include those
service stations providing full-service or self-service stations.
Setback. The distance between the lot line and a building
not including permitted projections.
Shelter for the Homeless. A residential facility operated
by a "provider", other than a "community care facility" as
defined in California Health and Safety Code section 1502, which
provides temporary accommodations to homeless persons and/or
families and which meets the standards for shelters contained in
Title 25, California Administrative Code, Part 1, Chapter F,
Subchapter 12, Section 7972. The term "temporary accommodations"
means that a homeless person or family will be allowed to reside
at the shelter for a time period not to exceed six (6) months.
For the purpose of this definition, a "provider" shall mean a
government agency or private non-profit organization which
provides, or contracts with recognized community organizations to
provide, emergency or temporary shelter for the homeless, and
which meets the standards set forth in Section 9050.14.
Shrub. A plant with a compact growth habit and branches
coming from the base of the plant. Mature heights of shrubs may
vary from one foot to 15 feet depending on their species and
landscape application.
Sidewalk Cafe.
public sidewalk or
Wh1Ch separates the
pUblic right-of-way
Any outdoor dining area located in any
right-of-way which is defined by a barrier
sidewalk cafe area from the sidewalk or other
and which is associated with a restaurant or
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other eating and drinking establishment on a contiguous adjacent
lot.
Single Room Occupancy. A housing unit which is contained
within a residential hotel [ rooming house, hotel, or motel where
the unit does not contain either private food preparation or
sanitary facilities.
Site. Any plot or lot of land or combination of contiguous
lots of land.
Skylight. That portion of a roof which is glazed to admit
light, and the mechanical fasting required to hold the glazing,
including a curb not exceeding 10 inches in heightl to provide a
weatherproofing barrier.
Small Fam~ly Day Care Horne. A home which provides family
day care to six or fewer designated children dally, including
children who reside at the home.
Solar Energy System. Any solar collector or other solar
energy device, or any structural design feature of a building
whose primary purpose is to provide for the collection, storage,
or distribution of solar energy for space heating or COOling,
water heating[ or electricity.
Speciality Office. Uses intended to provide a service
without requiring an appointment such as travel agencies, real
estate offices and insurance agencles.
story. That portion of a building included between two
consecutive floors of a building. A basement shall not be
considered a story if the finished first floor does not exceed 3
feet above the average natural grade of the lot. An unfinished
attic shall not be considered a story. A mezzanine shall be
considered a story if it is not open to the floor below, if it
contains any enclosed rooms, bathrooms, closetsl and the like, or
if it contains more than 33 1/3% of the total floor area of the
room(s) onto which it opens.
structure. Anything constructed or erected, WhlCh
requires a fixed location on the ground, or is attached to a
building or other structure having a fixed location on the
ground.
Subdivision.
definitions.
See
Chapter
3
for
all
sUbdivision
Substantial Remodel. Removal of 50 percent or more of the
exterior walls or removal of 50 percent or more of supporting
members of a structure such as bearing walls[ columns, beams, or
girders.
Tandem Parking. A group of two or more parking spaces
arranged one behind the other where one space blocks access to
the other space.
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Temporary structure. A structure without any foundation or
footing and which is removed when the designated time period,
acti vi ty, or use for which the temporary structure was erected
has ceased.
Temporary Use Permit. An administrative permit obtained in
accordance with Subchapter 10C.
Theater. Any hall where live entertainment is given or
held as the principal use, any establishment containing a
permanent stage upon which movable scenery and theatrical
appliances are used and where regular theatrical performances are
given.
Trailer. A vehicle without motor power, designed to be
drawn by a motor vehicle and to be used for human habitation or
for carrying persons or property, including a mobilehome, trailer
coach or house trailer.
Trailer Court or Mobilehome Park. Any area or tract of
land used or designed to accommodate one or more trailers in use
for human habitation with minimum facilities for water, sewer,
electricity, and laundry.
Tree. A plant having at least one well defined stem or
trunk and normally attaining a mature height of at least 15 feet,
with an average mature spread of 15 feet, and having a trunk that
shall be kept clear of leaves and branches at least six feet
above grade at maturity.
15 Gallon Tree. A 15 gallon container tree shall be no
less than one inch caliper and at least six feet in height above
grade at the time of planting.
24 Inch Box Tree. A 24 inch box tree shall be no less than
one and three-quarters inch cal iper and at least seven feet in
height above grade at the time of planting.
Usable open space. Outdoor space which lS specifically
designed and constructed to be occupied by and used by residents
of the dwelling units on a lot.
Use. The purpose or activlty for which land is zoned or a
structure is intended or used.
Variance. A discretionary permit obtained in accordance
with Subchapter 10E.
Very Low Income Household. A household whose gross annual
income is between 0% and 50% of the median lncome of the Los
Angeles-Long Beach-Anaheim Primary Metropolitan Statistical Area
(PMSA), as determined periodically by the U. S. Department of
Housing and Urban Development (HUD), adjusted for household size.
Warehouse. A building, group of buildings, or a portion of
a building used for the storage of goods and materials.
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Yard. An open space situated between lot lines and not
covered by buildings.
Yard, Front. A space extending the full width of the lot
between any building and the front lot line, and measured
perpendicular to the building at the closest point to the front
lot line. The front yard shall be unoccupied and unobstructed
from the ground upward except as may be permitted by this
Chapter.
Yard Sale. Any sale held for
trading, or otherwise disposing
furnishings, personal goods, or other
control of the person hOlding such
residential district.
the purpose of selling,
of unwanted household
tangible properties under
sale and conducted in a
Yard, Side. A space extending the full depth of the lot
between the principal building and the side lot line measured
perpendicular from the side lot line to the closest point of the
principal building. The side yard shall be unoccupied and
unobstructed from the ground upward except as may be permitted by
this Chapter.
Yard, Street Side. A space extending the full depth of the
lot between the principal building and the side lot line adjacent
to a pUblic street right-Of-way measured perpendicular from the
side lot line to the closest point of the principal building.
The street side yard shall be unoccupied and unobstructed from
the ground upward except as may be permitted by this Chapter.
Yard, Rear. A space extending the full width of the lot
between the principal building and the rear lot line measured
perpendicular from the rear lot line to the closest point of the
principal building. The rear yard shall be unoccupied and
unobstructed from the ground upward except as may be permitted by
this ehapter.
Zoninq Ordinance. The Comprehensive Land Use Ordinance of
the city of Santa Monica.
SECTION 2. Santa Monica Municipal Code Section 9021. 4 is
amended to read as follows:
SECTION 9021.4 . ~ondi tionall y Permi tted Uses. The
following uses may be permitted in the C5 District subject to the
approval of a Conditional Use Permit:
(a) Art Galleries.
(b) Automobile dealerships.
(c)
studios.
Dwelling units in conjunction with live-in work
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(d) No more than
development shall be
businesses that provide
premises:
25% of the total square footage of a
devoted to the following incidental
goods and services to employees on the
(1) Banks and savings and loan institutions.
(2) Business machine sales, display, and service.
(3) Drafting, blueprinting, and reproduction services.
(4) Health clubs and gymnasiums.
(5) Medical appliance sales.
(6) Office furniture and equipment sales.
(7) Pharmacies and drug stores.
(8) Restaurants.
(9) Retail to serve primarily employees working and
visitors to businesses on the premises.
(10) Travel and employment offices.
(e) New industrial and manufacturing uses or expansion of
existing industrial and manufacturing uses conducted within an
enclosed building or an open enclosure screened from public view,
provided they are compatible with office and advanced
technological uses.
(f) Public or private schools.
(g) Public storage facilities, mini-warehouses.
(h) Service stations.
(i) Any use of a transportation right of way for other than
transportation purposes.
ej) Off-site hazardous waste facility.
SECTION 3. section 9055.13 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 9055.13. Off-site Hazardous Waste Facility. The
purpose of this Section is to ensure that Off-Site Hazardous
Waste Facilities located in the C5 District shall not adversely
impact surrounding uses and shall be developed in a manner which
protects the inteqrity of the District. The following special
conditions shall apply to any new proposed Off-site Hazardous
Waste Facility, or the substantial remodel of an existing
facility:
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(a) Compliance. Off-site Hazardous Waste Facilities shall
comply with all provisions of the Los Angeles County Hazardous
Waste Management Plan and the state of California "Office of
Permit Assistance Guidelines -- Siting Specified Hazardous Waste
Facilities Implementation and Operation under AB 2948,
Tanner. 11
(b) Proximity to Populations. Facilities shall be located
at least 2,000 feet from any residential use, public assembly
use, hospital, convalescent home, or school.
(c) Flood Hazard. Facilities shall avoid locating in flood
plains, areas subj ect to tsunamis, seiches, and storm surges
unless they are desiqned, constructed, operated, and maintained
to prevent inundations. Facilities may be built in areas subiect
to 100 year floodinq if protected by enqineered solutions, such
as berms raisinq above the flood levels.
(d) Seismic Activity. Facilities shall be located at least
200 feet from a known active fault.
(e) Discharge of Treated Effluent. Facilities must have
adequate sewer capacity to accommodate the expected wastewater
discharge.
(f) Ground Water. Facilities shall be located outside the
cone of depression created by pumping a well or well field 90
days unless an effective hydrogeologic barrier to vertical flow
exists.
(q) Transportation. Facilities shall be located where road
networks leading to maior transportation routes do not utilize
local residential streets and residential frontages alonq
highways. Facilities shall be located such that any minor routes
from the major route to the facility are used primarily by trucks
and the number of non- industrial structures (homes, hospitals,
schools, etc.) is minimal.
SECTION 4. Any provision of the Santa Monica Municipal code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any competent
juriSdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared inval id or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
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SECTION 6. The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
A-tn.-v7 l-->--. ~ -.
ROBERT M. MYERS
City Attorney
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