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SR-503-004 (6) , .. . 503-00fL . ~-;~ . CA:RMM:jld379bjhpc City Council Meeting 5-8-90 Santa Monica, California ~c- ~ ~ (' .'~ t-j 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 At its meeting on April 24, 1990, the City Council introduced for first reading an ordinance amending the C5 Zoning District and establishing performance standards to implement the County Hazardous Waste Management Plan (IICoHWMplI). The ordinance is now presented to the city Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Paul Berlant, Director of Planning Suzanne Frick, Principal Planner Robert M. Myers, city Attorney Joseph Lawrence, Assistant city Attorney ~-c MAY 8 \990 . . bEFORE DISTRIBUTION CHECK CONTENT OF ALL FOR CITY CLERK'S ACTION DISTRIBUTION OF RESOLUTION # ORDINANCE # I~(;{( COUllCll Meetlng Date S4/p() Introduced: s// /90 Agenda I tern # 0 - C!.. Adopted: S"/ If / 9'" <::: I ALWAYS PUBLISH ADOPTED ORDINANCES Was lt amended? ,.{JtJ Cross out Attorney's approval VOTE: Affirmatlve: Ai3PD, a/iE,U.:StR, -:JE}...U.;'(~c;.:;"i 12FE..Di ;',,~-~'-1E- Negatlve: Abstaln: Ab s en t : h ~...tl.l..EL .. kP::r?:- .. , PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING DISTRIBUTION: ORIGINAL to he slgned, sealed and flled ln Vault. NEWSPAPER PUBLICATION (Date: ) I' Department or~glnating staff report ( Laurie Lieberman) Ordlnances only for Attorney ( C!audla Thompson) 2 Management Services Lynne Barrette ORDINANCES ONLY 1 Agency mentloned ln document or staff report (certlfied?) SubJect flle (agenda packet) 1 Counter file 1 Others: (Revlew Airport Audltorlum for departments who need to Parking Auth. Personnel know) . BU21dlng Dept. Plannlng / C!ED Police Flnance Purchaslng General Servo Recr!Parks Library Transportation Manager Treasurer Flre SEND FOUR COPIES OF ALL ORDINANCES TO: CODED SYSTEMS 120 Maln Street Avon, New Jersey 07717 4 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 Debra Myrlck Santa Monlca Munlcipal Court 1725 Main Street, Room 118 Santa Monlca, CA 90401 Total Coples /s- . . CA:RMM:ljl376/hpc city Council Meeting 5-8-90 Santa Monica, california ORDINANCE NUMBER 1521lCCS) (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. The this Chapter 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 Livinq 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. - 1 - . :. 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 studio 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 automobile dealerships offering a variety of automobile makes and models proposed as a single development project. Automobile 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 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 storaqe 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. - 2 - . . Automobile Rental Aqency. 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, II or "grade, theoretical." Awning-. 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 proj ects 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. The portion of a structure below the finished first floor. A basement shall be considered a story if the finished first floor extends more than 3 feet above the average natural grade. 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. Buildinq. 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. Buildinq Bulk. The aggregate of three dimensional forms making up a building. Building coveraqe. 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. - 3 - . . Building Heiqht. The vertical distance measured from the existing average natural grade to the highest point of the roof. However. in connection with development proj ects 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, the simplest of which are cubes, boxes, cylinders, pyramids and cones. A building is rarely only one of these simple forms, and is generally a composite of these forms. 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. Change of Use. The establishment of a different use from the prev~ous 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. Community Care Facility. Any facility, place, or building which is maintained and operated to provide non-medical residential care, adult day care, or home finding agency services for children, adul ts, or children and adults including but not - 4 - . . limited to the physically handicapped, mentally impaired, or incompetent persons, and includes the following: (1) "Residential Care Facility" 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 services, supervision, or assistances essential for sustaining the activities of daily living or for the protection of the individual. (2) "Adult 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 district. 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 lIlay 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. Dwellinq. A structure or portion thereof which is used principally for residential occupancy. Dwellinq, MUlti-Family. A dwelling containing two or more dwelling units. Dwellinq, Sinqle-Family. A dwelling unit which contains only located on a permanent foundation. building containing one one kitchen and which is Dwellinq 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 - 5 - . . 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 first floor of a structure which does not extend more than 3 feet above the average natural grade. 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 qrade parking not covered by a building, structure, or roof. (9) Loading docks open or covered by a roof or canopy, but otherwise unenclosed and used exclusively for loading and unloading. - 6 - . . (10) Mechanical equipment rooms, electr ical 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. Garage. An accessory building or portion of a principal building for the parking or temporary storage of automobiles of the occupants or users of the premises. Garage, Semi-Subterranean. A structure used for parking and storage of vehicles located partly underground, wi th 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. Garage, Subterranean. A structure wholly or partly underground, the ceiling of which is not more than two feet above - 7 - . . 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 publ ic 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. Gradinq. 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 Frontage. 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 in a dwelling unit for living, sleeping, eating, or cooking. Bathrooms, closets, halls, storage or util i ty space, and parking areas are not considered habitable space. 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 incidental 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 10B 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 - 8 - . . public as an apartment hotel, hostel, inn, time share project, 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 Service. Any building, room, space, 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 living plant material including, but not limited to, trees, shrubs, woody and herbaceous ground covers, grass, flowers, vines, irrigation 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. Liqht Manufacturinq. Manufacturing uses conducted wi thin an enclosed building that include fabricating, 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. Livinq Area. The interior habitable area of an existing principal dwelling unit including basement and shall not include a garage. Living Quarters. A structure or portion thereof which is used principally for human habitation. Loadinq Space. An off-street space or berth on the same lot with a building for the temporary parking of a vehicle 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 determined periOdically by the U. S. Department of Housing and Urban Development (HUD), adjusted for household size. - 9 - . . Manufactured Housinq. A residential structure off-site and moved to a designated site for placement permanent foundation. built on a Mezzanine. An intermediate level without 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 loot of the median income of the Los Angeles-Long Beach-Anaheim Metropolitan Statistical Area (PSMA), as detennined 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. Hinor Repair of Vehicles. Transmission, muffler, and radiator work, lubrication, repair of brakes, generators, water pumps, batteries, and other minor components, replacement of wiper 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, manufacturing, 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), as determined periodically by the U.s. Department of Housing and Urban Development (BUD), 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. - 10 - . . Neiqhborhood Grocery store. Any small market not exceeding 3,000 square feet of floor area selling a full range of food prOducts including meat, dairy, vegetable, fruit, dry goods, and beverages. Net Residential Area. An area of land zoned for residential uses exclusi va 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. Nursinq 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 operation involving handling, treatment, storage, or disposal of a hazardous waste in one or more of the following situations: 1. The hazardous waste is transported via commercial railroad, 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 establ ishing 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, feedhom, low noise amplifier, structural supports and all other components thereof, which transmits and receives electromagnetic waves by line of sight. 1. Groundmounted Dish Antenna. A parabolic antenna, the entire weight of which is supported by an approved platform, framework, pole, or other structural system, which system is - 11 - . . affixed directly on or in the ground by a foundation and which system is freestanding, excluding lateral bracing to a building. 2~ Heiqht. The vertical distance between the highest point of an antenna when actuated to its most vertical position and grade below, for a groundmounted 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 positioning 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. receives or transmits communications by line geosynchronous orbiting satellite. An antenna that of sight with a 7. Screeninq. The effect of locating a parabolic antenna behind 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-of-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 structure5~ Parcel coverage shall include that area of the parcel directly below any upper level of - 12 - . . a building or structure that is 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, 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 Frontage. 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 divides one parcel from another parcel 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 Line, Rear. The parcel 1 ine oppos i te 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 side 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. - 13 - . . (b) Design amenities related to the street level such as awnings, paseos, arcades. (c) Visibility into buildings at the street level. ed) 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-of-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 intended 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 pri~arily 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 Permi t. An administrati ve permi t obtained in accordance with Subchapter 10D. penni tted 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. Planninq Commission. The seven member body responsible for carrying out functions with respect to planning and zoning as ~ay 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 activity room in a dwelling unit. - 14 - . . Primary 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 Lodqe. A building and related facilities owned or operated by a corporation, association, or group of individuals established 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 limited 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 Facility. 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 intensities 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, room, 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 - 15 - . . 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-Service 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 vehicle 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 IIprovider", 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 wi th a compact growth habit and branches coming from the base of the plant. Mature heights of shrubs may vary from one foot to lS feet depending on their species and landscape application. sidewalk Cafe. Any outdoor dining area located in any public sidewalk or right-of-way which is defined by a barrier which separates the sidewalk cafe area from the sidewalk or other public right-of-way and which is associated with a restaurant or - 16 - . . 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. Skyliqht. 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 height, to provide a weatherproofing barrier. Small Family Day Care Home. A home which provides family day care to six or fewer designated children daily, including children who reside at the home. Solar Enerqy 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 wi thout requiring an appointment such as travel agencies, real estate offices and insurance agencies. 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, closets, 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 requires a fixed location on building or other structure ground. constructed or erected, which the ground, or is attached to a having a fixed location on the 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. - 17 - . . Temporary structure. A structure without any foundation or footing and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Temporary Use Permit. An administrative permit obtained in accordance with Subchapter lac. 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 caliper and at least seven feet in height above grade at the time of planting. Usable Open Space. Outdoor space which is specifically designed and constructed to be occupied by and used by residents of the dwelling units on a lot. Use. The purpose or activity for which land is zoned or a structure is intended or used. Variance. A discretionary permit obtained in accordance with Subchapter IDE. Very Low Income Household. A household whose gross annual income is between 0% and 50% of the median income 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 (HOD), adjusted for household size. Warehouse. A building, group of buildings, or a portion of a building used for the storage of goods and materials. - 18 - . . 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 1 ine. 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 1 ine 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 Chapter. Zoning 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. Conditionally Permitted Uses. The following uses may be permitted in the C5 Oistrict subject to the approval of a Conditional Use Permit: (a) Art Galleries. (b) Automobile dealerships. ee) studios. Dwelling units in conjunction with live-in work - 19 - . . (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. (q) Public storage facilities, mini-warehouses. (h) service stations. (i) Any use of a transportation right of way for other than transportation purposes. (j) 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 integrity 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: - 20 - . . (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. II (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 subject to tsunamis, seiches, and storm surges unless they are designed, constructed, operated, and maintained to prevent inundations. Facilities may be built in areas subject to 100 year flooding if protected by engineered solutions, such as berms raising 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. Facili ties 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. (g) Transportation. Facilities shall be located where road networks leading to maj or transportation routes do not utilize local residential streets and residential frontages along 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 unconstitutional 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 unconsti tutional wi thout regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. - 21 - - . . . 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: ~ "-. ~ ROBERT M. MYERS City Attorney - 22 - . . Adopted and approved this 8th day of May, 1990. o~ M2~-- I hereby certify that the foregoing Ordinance No. 1521(CCS) was duly and regularly introduced at a meeting of the City council on the 1st day of May 1990: that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 8th day of May 1990 by the fOllowing Council vote: Ayes: Councilmembers: Abdo, Genser, Jenings, Reed, Mayor Zane Noes: Councilme1l\bers: None Abstain: Councilmembers: None Absent: Ccunci1members: Finkel, Katz ATTEST: ~ ASsT. ~y Clerk