Loading...
SR-6-B (40)CA:JL:j1d063/hpwd/pc/df City Council Meeting 9-22-92 STAFF REPORT +~+ ~ S~~ ° " "..~`i. Santa Monica, California TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance amending Zoning ~rdinance Subchapter 4N and Saction 9517 af Chapter 5, Section 9000.3 of Subchapter 1, Section 9040.42 of Subchapter 5, Section 9fl44.4 of Subchapter 5E, Section 9080.2 of Subchapter 9, Sections 9150.6, 9150.7 and 9150.8 of Subchapter 10.0 and Sections 9113.1, 91I3.2 and 9z13.3 of Subchapter l0E to Implement the Provisians of the Main Street Master Plan At its meeting an Septemb~r 8, 1992, the City Council introduced for first reading an ordinance amending various Santa Monica Municipal Code Sections dealing with the zoning ordinance to implement th~ provisians af the Main Street Master Plan. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Joseph Lawrence~ Acting City Attarney ~~ S~P ~j ~ -.,, ~ ~~~~ _ ,~ ~ ~~ ~ a CA:RMM:tp85/hpadv City Counc~l P~Ieeting 9-22-92 Santa Mon~ca, California aRDIhAI3CE NUMBER i645(CCS1 (Czty Council Sexies} AN ~RDINANCE OF THE CITY COUNCIL OF THE CITY DF SANTA MONICA AMENDING THE ZON~NG ORDINANCE BY AMENDING SUBCHAPTER 4N RELATING TO THE MA~N STREET COMMERCIAL DISTRICT; ADD~NG SECTIDN 904d.42 REGARDING FROPERTY DEVELOPM~NT STANDARDS FOR RESTAURANTS; AMENDING SECTION 9~Oa.3 ADDING A DEFINITION OF BAR; AMENDING SECTION 9080.2 RELATING TO NONCONFORMING BUIL~INGS; AMENDING SECTIONS 9150.5 - 9150.8 AND ADDING SECTION 9I5~.9 RELATING Ta EI~TFORCEMENT; r~MENDING SECTION 9113.3 RELATING TO VARIANCES; AMENDING SECTI~N 9044.4 I~ELATING TO PARKING REQUZREMENTS xOR RESTAURANTS; AND AMENDING THE MUNICIPAL CdDE BY A!]DING SECTION 95~7 R~GARDING P~STING REQUIREMENTS FOR ARCHITECTUFtAL REVIEW BOARD APPL~CATIONS WHEREAS, the Mazn Street Adv~sory Committee was established by the City Councii to work w~th Planning staff and de~elaped a Main Street Master Plan and Praposed Ordinance Revisions to apply in the CM District and citywide; and WHEREAS, ~he Planning Commission held public hearings on the Main Street Master pZan and Proposed Ordinance Revisions on June 19, July ~7, and July 3I, 1991 and made recommendat~ons to the City CounciZ fallowing the hear~ngs; and WHEREAS, the City Council held a public hearing on the Maan Street Master Plan and Propos~d Oxdinance Rev~s~.ons an Qctober 15, 1991; and - 1 - For 7epL Use Only qppLICATION ~~~ BUiLDING PERMIz i ~ BUILDIIRG DEPARTMENT CITY OF SANTA 2-i4b1ICA I '~~ ^ G _- ~ Ihls Apphcotioa Mwt Be Flllsd Out Ia Ipk D=. I ~ ~ ' -~ - 19 '~ N OT ~~$ 1S ~~ A H11tLD1NG pERMiT 6D NC: S2A$S WOAI BEF~RE PLRNS RRE APP80VED 7SND PE"t~P T IS [SSVED a , . "~ L' ~ ~~ 3j ~ ~ ~~ Nr v:~~rtTION r ddrsss • _~t j l! B~o~k e raci ~~ La of Lot S '• } S ro ~O 5 7. II 4 17 ~ ~• ~OR DEPAATMEN7 USE ONLYi L s:~ce-fi,u:~ :o Fra~ariy L:ae ( , i•IutL:.um : •istcr~e-Froperty I.~ne +o $1dcJ Ltna ( ~~' l '~:a~ 3neet No ' ti'r:ir..um S.de Y~d W`.dth i'~{ r? L~sa C:cs~i#lca~on ~! tv::rum~.-n ~a~r Y~ Depti2 (/(~ ~~ Fire 2cne ~io b'inimt:_r.~ : ~star.ce berxeer. ~ uldin~s f +~ . ~ Is 'he:e a:.y exisi:nq buiid:a3 en loE? Yes ~ Na .~~' ~~x Usad7 Tyr,a '_-FL-e ReelsKve I Cors^:x'[on ~ ~ Ty~e 2-hea+ry 'laber ` F1:unqam~nt Q I T~e of Constn:_tio.^. ; ;r~» 3-crdi.~.. ~9: ur Nat~~ra of ~Vork ~,i.e,r,y~ ^ ~ ;ype ~`de'al F^~e ~ Cc-veralcn (] '"yoa j~-'Jir,cd rra~a x ~ePCie ~'] ~_ .~ _ _. :lse ~T B•,v.~.^q ~W ~ LL ~ N ~' Nc ef ?eoms T Ido :,i =ar.`'ues I ' _ - _ ~~nn ~ =x~sr•or `~'c~'s (~n,u,E~,(,~ First P?oo: foist~ ~ x ~7 Se-~~n~ : _.,r'o~s'> x _ __ ~ S'r uNQ O L r, _ ~~~7es j 3eia~t ta ~~yhes-?cm` ~v ~~ci b'ate~al ~~- l ~j~ ., ~"; ~ .. ~ Q~ ft by Ler.gth ~~ y :: To~a F:oor Arec ~ G fG fs Ni sq f - ?= ° (^.~ ud°-~ ='-.~n~•-9 ~.acs il•H-9 /~ (J. ~,'~ ~ D ~'_~: O: F"Or':J4D ~L:'.~ 1 ^ ^ ~$ l =e•.-"s ...esspoc~s Eiec•r+_ci ~ _ ~ Pai^•:n~ =ins'-ic.., o~] I.atar etc 3 z a 3- z~:~ ,~ I{ n~ r,q ~ C r~ r- n r~ -5 ~lyN ~~ n~` A U~ H M cN, ~ R _ aa~zs5 ~ i .S`Q~B ~]~EC~S.. ~4~ ~~• f V ~~ ~ 1 1, ~~ f F ~ l _ ___ V ' ~ . f .f ~~.Y ~~~s~~~ ~z~ l r~,,~ ~~- ~ ~1- 3 ~ ] ~ i1~ ~{ f. ~ f~ ~ i~' t~1 L'LL,' ~~ ~n H ~ ~ g ~! 1 T: _ ess ncr.e o -~° e;." 5~~tz Licar.sa tc ~ ~c ~-_= _'~-`17C,P_ :` O NOi= "C'~e y•cri's.q o: c 6u-ld~uJ ?ersr~ ccea ~c~ ~r~-t ary -y}~ c- pr'v:le5a to IU -:aci cny ~~ h~.l~'L y~nc ~ vr sYucNra ot anq Forii~n •hesec` ~f~^ =: v al-ea• aSiay or ~'}e' PuaLc ~ cca cs ~~t. Fo'4c^ 'tareN cr (2] Jae e~y bullc:ny anci cr at ,;c•crg r, any aa:ticr, iharoci fcr ~rv n-.u-.wea ~ t~cn •s n maY ie pro[~:bl:ed 6y crd:nn~ce of :he C:rv o' Scncs Mor.fca ~.a qcanarq o! a Bu1:d:~q pernu• doea zot c`fa=t cr pre~udica c^y c:c~ o- ~•la •c ^ rlqa~ rcf pcssesslon Ir tha ~tpary ceserl'-ed m s~-ei Par-,..U ~~ _-c -e -°~C L'~~ aa~. s~~~ :c ~cn ax:~? tnow Cne Conte~ts ~:e:eo~ :as s~r_= is tn:z --.. ~o:recl I h:rtha: state _ ~ f~--~::_~ :~rit,'~ :e lcc.•s governlr_s ~t:i'_d.•n4 w~~n,~ ~~~ C..I ~~ w.._..: Df.ozica ~~ Stcta :: Cali~or_ua ~d -_ ~ _-<s t~~_atc, .. = :hat L1e c;cve bLi d~n~ ~~%or st-~cti::z vnll 6e ~::i~' _h ~cr_ior-- -r •_'lera•~^:..''1 ,j ~ ~ ~_~ ~~~~. V S:gr~d ~ .v ~~~ /' 1'i:.~{~,` ~~~J lspp»o~:' NO7'E, 7}' HO P4.SIdS ARE F{LED SROW LOI AND b4[LDFNG 51TE PLAN RNJ W~NDOW 3IZE5 ON pTHER SIPE. ~ ~' ~ `~ " ' ' I ~~~~ ~ I , / / ~i~' li r ~ ! ~ } ~= t + Further, as a coastal commercial area it also ad~oins popular beach recreation areas which regulariy generate a substantial transient ~nflux. The Main Street Cammercial District is established to encourage physical improvements of low ~o moderate scale which will continue to be campatzble with nearby res~dential and co~nmercia~ usas and which will provide a balanced supply of goods and services consistent with the historical pattern. Section 9023.2 Permitted Uses. The follow~ng uses are per~~tted ~n the "CM" Mazn 5treet Commerczal District, if the use is a single use occupying less than 75Q0 square f~et, and is canducted within an enclosed building, the ground floor Main Street frontage of which does not exceed 75 linear feet, unless otherwise indicated: (a) Appliance repair shops. (b) Art Galleries. (c) Artist studios. (d) Banks and savings and loan institutions. (e) Barber and beauty shops. Zf) Bed and breakfast faciiities provided that any dining facility shall be limited to use by registered guests only. Only two such facilities may be permitted in the District. _ (gy Child day care centers. - 3 - ~_ . . (h) Florists and plant nurseries. (i) Furnlture upholsterer's shops. {~) General offices. (k) Ganeral retail uses. (ly Laundromats, dry cl~aners. (m) Libraries. (n} Medical, d~ntal, and optometr~st facilities above the first floor provided the use does not exceed a maximum of 3,00~ square feet. (o) Print, or publishing shops. (p) Restaurants caith 49 ox less seats. (q) Shelters for the homeless with 50 ar less bed~. (r) Shoe repair stores. (s) Tailors. (t) Theaters with 75 or less seats. (u) Whalesale stores where publ~c is invited. SectYOn 9023.3. Uses Subject tv Performance Standards Permit. The fol~owing uses may be permitted in the CM District subject to the approval of a Performance Standard Permit: (a) Res~dential uses abo~e the f~rst f loor. (b} Sidewalk cafes. Section 9~23.4. Conditionally Permitted Uses. The following uses may be permitted in the _ ~ _ w ~ "CM" District sub~ect to the approval of a conditianal use permi~: (a} Bars. (b) Bzlliard parlors. (c} Bawling alleys. {d) Business col~eges. (e) Catering businesses. {f) Dance studios. (g) Exercise facilities. (h) Fast-food and take-aut establishments. (i) r~ed~cal, dental, and optometrist facilities at the first floor or ~n excess of 3,000 sq, ft. (j) Meeting rooms for charitable, youth, and welfare arganizations. (k) Museums. {1) ~iusic conservatories and instruction facil~t~es. (m) Places of worship. (r1) Restaurants w~th 50 seats or ~ore. (o) Retail stares with 30 percent or less of the total linear shelf display area devoted ta alcoholic beverages. (p) Sign paint~ng shops. (q} Theaters having more than 75 seats. (r) Trade schools. - 5 - Sectian 9023.6 Praperty ~evelapment Standards. For purposes of property development standards, there shall be three zaning c~assif~cat~ons within the "CM" District: CM2, CM3, and CM4. All property in ~he "CM" District shall be develaped in accordance with the following standards: (a) Maximum Buildin9 Heiyht and FAR. Max~.mum hu~lding heiqht, number of stories, and flaor area ratio shail be determined as fallaws: District Max Max No. Max Height af Star~es FAR CM2 27' 2 1.5 CM3 3~' 1 2.0 CM4 35' 3 2.~ Notwithstanding the abave, property in the CM4 District :~ay be developed to a maximum height of 47 feet~ 4 stories, and a 2.5 FAR, provided the fallawing conditions are met: (1) The fourth floor does not exceed more than 50 pErcent of the third f~oor footprint. (2} The fourth floar is set back a minimum of l0 feet from the thi.rd floar str~et frontaqe(s). (3) The faurth floor is set back a minimum af 5 feet from the third f1QOr sZde and rear yard building frantage. - 7 - (4} The fourth floor setback at ~he street frontage is devated to a raof garden ar unenclosed terrace. (5) The deve~opment ~neludes residential uses equal to or exceeding the floor area of the faurth floor. (6) The front yard setback at the ground floor level is double that required pursuant to subsection (b) af this Sect~on. The~e sha11 he no ~im~tation on the number of stQries af any structure whose f~oor area contains 50$ or rnore residential uses as long as the height does not exceed the naximum number of feet permitted in the zoning classificat~on of the "CM" District ~n which it is located. For purposes of calculating the FAR af any structure within the "CM" District, multi-residential units d~vated strictly to apartment residential uses shall be computed at one-half (1/2) the actual total flaor area. (b) Front Yard Setback. A front yard shall be provided in accordance with Subchapter 5B of the Zoning Ordinance. (c) Rear Yard Setback. A rear yard shali be provided and maintained. Said yard shail have a minimum depth as follows: (1) CM-2 District, east of the centerline of Main Street. No rear yard shal~ be - 8 - required for one-story structures and for the first floar af a two story structure, provided that 3ny portion of the f~rst f~oor which is within five feet of the rear property line ~s not ~are than nine feet in height and is ful~y enclosed, i.e., without windows, doars, or ventilatzon openings permitting visual access to adjo~ning resident~al praperty. Any portion of the first f1oQr that either exceeds nine feet in height or ~s not fully enclosed shall be at least f ive feet from the rear property line. The :~in~.r.~urn rear yard requirement tor the second story portion of a two story structure shall be 20 feet. {i) Use of Rear Ya~d. Commercza~. use in the requlred rear yard is not permitted. Non-commercial uses and parkzng are permitted ~n the ;ear yard to the rear ~rapexty line on the qround level. (ii} Use af Roof in Rear Yard. No portion af the first floor raof within 15 feet of the rear property line may be used f~r any purpose other than access Par building maintenance and repair. The r~main~ng setback area may be private~y used (not open Co the public) if enclosed with a solid six foot barrzer. (iii) Exception. There sha~l be no rear yard setbacks required where existzng - 9 - park~ng impro~ements and common ownership extend through ta Second Street. (2} CM-2 District, west of the centerline of Main Street. P~o rear yard shall be required for a one-story structure, prov~ded that any portion of the first floor structure wh~ch is within five feet of the rear praperty line does not exceed nine feet in he~ght. Any portion of the first floor that exceeds nine feet ~n height sha11 be at least five feet from the rear property ~ine. The minimum rear yard requirement for the second story af a two story structure shall be five feet. (3) CM-3 Qistr~ct. Rear yard requirements zn the C~3 District shall be the same as those required in the CM-2 Distract, west of the centerline of Main Str~et, for ane and ~wo stary structures. A m~nimu~ 15 foot rear yard setback for any partion af a third story ~s requzred. (4) CM-4 D~strict. No rear yard setback is required except as may be required in 5ection 9023.b(a). (d) Side Yard Setback. None. (e) Development Revaew. A Development Review ~ermit is required for any deve~opment of mQre than I1,00~ square fe~t of floor area. Section 9023.7. Special Prolect Design and Development Standards. Prajects in the C~ District - 10 - a + shall comply with the following speczal pro~ect design and development standards: (a) First floor uses ~ust be pedestrian oriented uses. (b) Restaurants and bars are limited ta a total of twa establishments per block unless otherwise specified in this Section. For purposes of this Sect~on, an establishment may be a restaurant, a restaurant w3th a ba~, or a bar. A restaurant with a bar sha11 be conszdered one establishment. ~ block ls detined as both sides af Main Street and the ad~acent s~des af ad~aining side s~reets. Portions of Main Street to be designated "Block" for the purpose a~ th3s Sectian are: B~ock 1: South City L~mits to Marine Street. Block 2: Block 3: Black 4: Block 5: Slock 6: Avenue (total of in this block). Block 7: Block 8: Block 9: Block 10: Marine Street to Pier Avenue. Pier Avenue to Ashland Avenue. Ashland Avenue to Hill. Hill to Ocean Park Boulevard. Oc~an Park Baulevard to HolZister 4 restaurants and bars permitted Hollister Avenue to S~rand. Strand to Pacific. Pacif~c to Bicknel~. Bicknell ta Bay. - lI - i Block 11: Bay to Pico Boulevard. (c) North of acean Park Boulevard restaurants shall be ~ub~ect to the follow~ng requirements: (1) On2y one restaurant on the east side of each block shall be permztted. (2) Restaurants on the east side af each block shall be limited to 75 or Iess seats. (3) No mQre than 200 seats per each block shall be permi~ted, except that no more than 400 seats shall be perr~itted in Block 6. {d} On-sale alcohol outlets :~ay not exc~ed twelve ~n number north of Ocean Park Boulevard. Of the twel~e total on-sale outlets, no more than five sha~l have an-sale general licenses. (e) Bars may not exceed four ~.n number sau~h of ~cean Park Boulevard, nor ~wo ~n nur,tber north of Ocean Park Boulevard. (f} Existing use~ and ~x~sting number of seats shall count toward the tatal number of bars and restaurants and s~ating requirements permitted within the District. (g) An existing use shall be considered no lonqer exis~ing if that use is changed to another type of usa or if for a p~riod of szx months, such use has not been in regt~iar operation. Regular operation shal~ be considered being open for - 12 - ~i ~~cced o~ PAUL C. DESANTIS PAJL C DE54tiT:s- 3p02 SANTA MONICA BOULEVAFtD, SLfITE C SALLYAtin L iv1~~L~.oY SA~lTA MONICA, CAGIFOF~NfA 90404-2506 •~~s~ yeMR_F c~ ~.Fw Y~a~ a3~ TELEPHDN~ (310j 453 188& TELECOPIER (3301 829 14Tfi August 24, 1992 hir. Rabert M Myers, Ciry Attorney ~~c. Mary Strabel, Deputy City Attorney 168~ Ma~n Street, Roam 310 Santa Mo~ica, California 90402-3295 Re TPC-183. 2I10 Fourth Street. SOA Dear '~~r ~~1~~er. and '~'!5 Strobel: OFCDUNSEL M4lLE~ KOFFMAA +~~:D MESNEK SANT- NfON1U. ~LIFOR'vla ~~ e are concerned that the proposed findings far this matter do not refle~t the intent or d~recraon o.•` t};e Counci~, nor da u-e bel~eue that the public rerord can justify eertain fnding of ~ac~ Dur~ng the length~~ Public Hear~ng process for the above referenced project, a great dza~ of testimor~~~ v~~as Subm~tted At the t~me of votxng, each of the Counciimembers sp~c~fica~]}° stated the ~ro~nds for his or her vote. V4'e have rel~ewed th~ tapes of the Ciiy Caunc~] hear~n~s on this matter. The personal statements of each of the Councilmembers c3ted ~~arjous subtenancr issues as ~rounds for denial. The p~blic record conf'irms that not one of the Councilmembers stated that he or she based his or her ~ote on grounds of fraud or m~~representation In fact, not one Councilmember referred to eicher fraud ar misrepre~entation in the del~berations Rat~er than engaging in an extended disagreement an this issue, we propose a cor:~prom~se ~neorporating the follow~ng revisions. 1 We agree ta the remova] of the last clause of f nding number 2 an page 1("and ir~ that at least one signature was obtained by fraud or misrepresentation:'} and subst~tuting "and that ai least one signature was submitted after the application was deemed complete and was s~gned by a~enant who had ~ot personal~y ocrupied her unit for six months pryor to the date the tenant signed the intent forms." 2 ~~'~ agree that the denia~ w~as with pre~udice and wou~d consent to the addition of the phrace "a~d is denied with prejudice for failing to meet TQRCA requirements "(l~ne three of f~nding number 2}. ~~~~~~~ ~~ ~ . persons ~mployed on ~he premises or ;ar use by guests of the occupants ot the premises. Such quarters shall not have cooking facilities and sha11 not be rented or used as a separate dwelling. Accsssory Use. A use af land or of a bu~lding, or a portion af the Zand ar building, incidental and subordinate to the principal use of the land or building and located on the same lot as the princzpal use. Act of Nature. A natural occurrence such as an earthquake, flood, tidal ~aave, hurricane ar tornada which causes substantial damage to build~ngs or property. Altered Grade. A change in the elevation of the ground surface from its natura~ state due to grading, excavation or fillin~. Arcade. A public passageway or colonnade open along a~ least ane side, except for structura~ supports~ usually covered by a canopy or permanent roafing. Art Gallery. A room or structure in which ariginal works of art or limited editznns of or~ginal art are bought, sold, loaned, appraised, or exhibited to the general publ~c. Artist Studio. A roam or structure in which original works of art are created on site. Living quarters for the artist may be permitted prova.ded ~he area devQted t~ living quartars does not exceed - 14 - . . 5Q% of ~he square footage of ~he totai studio space. Attic. The area located abave the ceiling of th~ top stary and below the roof and not usable as habitable or comm~rc~al space. Auditoriunt. A building or roam designed to accommodate groups of people for meetings, performances or events. Automobile Center. A grouping of indiv~dual automobile dealershzps offering a variety of autornQbile makes and models proposed as a sinc~le development pra~ect. Automobile Dealership. Any business establishment which s~lls or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, boats or motorcycles, or other s~milar ~otor~zed transpartation v~hicles. An automobil~ dealership inay maintain an inventory of the vehicles for sale or lease either on-site ar at a nearby lacation and may provide on-site fac~lit~es for the repair and service of the vehicles sald or leased by the dealership. Automobile Display Lot. Any property used far the display, Zease and sale of new or used automobiles, Iight trucks, vans, tra~lers~ recreational v~hicles, :notorcycies, boats or other similar vehic~es. Automobile Repair ~'acility. Any bui~ding, - Z5 - TESTIMONY OF JOHN ELLIS _ ~_ parcel. However, in connect~an ;azth development pra~ects in the Ocean Park Districts, ave~age natu~al grade shall hav~ the sam~ meaning as "theoretical grade," or "grade, theoretical." Awninq. A temporary she~ter supported entire~y from the exterior wall of a building. Awnings may be fixed or collapsible, retractable, ar capable of be~ng folded against the face of the supporting build~nq. Balcdny. A platfo~m that pro~ects from the wall of a bu~lding and is surrounded nn the exposed sides by a rail3nq or ;aall up to ~2 ~nches in height. Bar. An establishment with a "public premises" liquar licEnse and restaurants ;aith a liquar serving facility tha~ is physical~y separate fram the dining area and ~s regularly op~rated during hours nat cozrespondzng to food service hours. Basement. The portlon of a structure ~e1ow the finished first floor. A basement shall be considered a story ~f 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 individua~s which does not have more than faur guest rooms and one kitchen. - 17 - GENSER: Thank you, we have a couple of other questions. Mr. Zane and Mr. Katz. ZANE: How much rent do you pay? ELLIS: Naw I pay $464.00. ZANE: $464. And do you pay your rent directly ta Mr. Anderson? ELLIS: No. ~ pay Fourth Street Associates. ZANE: And how long have yau paid Fourth Stree~ Associates? ELLIS: Well, Eric wrote me a bunch checks out before he left. And so I had all af those checks and then the rent went up and he was in Oreg4n ~iving in hut sort of an organic farm, so I had to write the extra $14. And he ask me to put the phone bil]. in my name and the t~as bilZ in ~y name. He doesn't really--he was only kaeping the apartment for me. ZANE: dkay, thanks. KArZ: Mr. Zane asked my questions. Thank you. GENSER: Let me just follow-up then on one question Mr. Zane asked you because we have... When did you begin paying--not using Mr. Anderson's checks? ELLIS: I'm not positiv~ but I think about the beginning of the year. Eric gave me checks far a year. GEh'SER: Of this year? ELLIS: The beginning of this year I paid the full rent. GENSER: 5o at the time of the application which was... July which was... just abaut exactly a year ago, July l, 1991, at that time yau were paying with Mr. Anderson's checks? ELLIS: Eric's checks. GEI3SER: Thank you. We seem to be bouncing off of each other. Mr. ~ane. ZANE: I had one other question here. The document we have before us your name and Mr. Anderson's are both listed and it says agree to the conversian. Who actv~lly signed the document? ELLIS: I signed the documant that was gi~en to me which I didn't knaw what it was. Then they tnld me that--I signed it. ZANE: And at that time you believed yau were signing on behalf of Mr... ELLIS: For Eric. ZANE: Mr. Anderson. ELLIS: Right. They said--Michele presented it as to get this paperwork about the can~ers~on yau need to sign this Yine. ZANE: Fine. And at that ti~e was Mr. Ar-derson still sending the checks 3n or were you sending che~ks directly to 2110 4th? ELLIS: No I was--Eric had pre-written checks and I was just turninq them in. So in other wards, Eric was paying and I was sending checks to E~ic. ZANE: At that time as well. ELL~S: R~ght. GENSER: Mr. E~lis, Dr. Ho~brook has a question for yau sir. HOLBROOK: I think I understand ~his now. If I do I am the only one here, huh. It was your money that was pay~ng the rent? Money yau earned? ELLIS: Sir... HoLBROOK: You were sending your money to someone else to write checks that yo~ could turn in because you didn't want the owners to know that he had sub-let to you. ELLIS: Na. It is not that we didn't want the owners to know. Michele knew that I was there and it was nat that I was hiding anything. Eric felt he wasn't sure how long he was going ta be gone sa he felt just so... sort af ta keep it in his name. He had haa other sub-letters before. The management knew abaut them and I guess maybe he was thinking he'd ~ike ta hald on to it in case he decided to come back. But he didn't want there to be any misunderstanding. HOLBROOK: But you gave him the money ta cover those chacks. Is that right? ELLIS: ~ paid Eric. Right. . . Ciaema. A motion pzcture theater where the pramary use is to shaw ~otion or video pictures and to which admission ~s free or a fee is charged. received ar collected, either by the sale of tickets or by any ather means or device by whlch money or something of value ~s received or paid therefor. Ciub. A group of people organized for a com- mon purpose to pursue common gaals, interests or activities and usually characterized by certain ~embership qualifications, payment of fees and dues~ reguZar meetings, and a constitutzon or bylaws. Common Open Space. Usable vpen space which is for the use of the residents of two or more dwelling units. Cammunity Care Facility. Any facility, place, or building whzch is maznta~ned and operated to provide nan-medical residential care, adult day care, or home finding agency services far children, adults, or children and adu~ts including but not limited to the physically handicapped, mentally impaired, or incompetent persons, and includes the fallowing: (1) "RESidential Care Facil~ty" means any family home, group care facility for 24~~our non-medical care to persons 18 years af age or older in need af personal services, supervision, or - ~0 - i 3s assistances essential for sustaining the activities of daily living or far the protection of the indiv~dual. (2) "Adult Day Care Fac~lity" rieans any facility which provides non-medzcal care to persons 18 years of age or older in need of assis- tance essential far sustaininq the activitzes af daily livYng ar for the protect~an of the indi- vidual on less than a 24-hour basis. Conditianal Use Permit. A discretionary perY mit ob~ained in accardance with Subchapter IOF, permitting the establishment of particular uses in a zoning distr~ct. Cultural Facilities. Museums, galleries, theaters and the ~ike, wh~ch promote educat~onal and aesthetic interest within a community. Drive-Through or Drive~In Restaurant. A restaurant ~here customers may be served food in their vehicles for consumptian either on or off the s~t~. Duplex. One structure on a single lot containing two dwelling units, ~ach af which is functionally separated fram the ather. Dwellinq. A s~ructure or portion ~hereof which is used principa~ly for residential occupancy. Dwe~ling, Multi-~amily. A dwelling conta~ning two ar mare dwelling units. - 21 - . . D~elling, singie-Family. A building containing ona dwelling unit which contains anly one kitchen and which is iocated on a permanent foundation. Dwelling Unit. One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with full caaking, sleep~ng~ and bathroom facilities f~r the exclusive use o~ a single household. Dwel~ing Unit, Efficiency. A dwelling unit consisting Qf not more than nne habitabl~ room together with kitchen ar kitchenette and bathroam facilities. Electric Distribution Substation. An assembly of equ~pment which could inc~ude fuel cells and m~crowave, cable, radio and/or other communicat~on facilzties as part of a system for distribution of electric power where e~~ctr~c energy is normally received at a subtransmisszon voltage and transformed to a lower voltage, and/or produced at this lower voltaga in case a fuel ceil as installed, Por distribution to the customer. Facade, The exterior side of a building. Fast-Food oz Take-Out Restaurant. A restaurant ~~here customers purchase food at a walk-up window or counter and e~ther consume the food on the premises within a short period of time ar take the food aff the premises. A restaurant - 22 - • a/ _ shall not be considered a fast-food or tak~-out restaurar~t solely on the basis of incidental or accasional take-out sales. Fenae. A narrier af any :naterial ar combinat~an of materzals functioning as an enc3,osure or for screening. Feace Heiqht. The vertical distance between the ground and top of a fer~ce measured from the existing grade. The height shall be measured zn a continuum at ~ach point along the fence. Finished First Flaor. The top c~f the first flaor of a struct~sre which does not extend r~ore than 3 feet abave the average nat~ral grade. Floor Area. The total gross horizontal areas of all floars of a bu~lc3ing, ~nc~uding usable basements below the roaf anc~ measured frotn the int~r~.or face of exteriar ~aalls, or a ~aall separating two buildings excluding: (I) Stairways and stairwells. (2) Elevatnrs, elevator equipment rooms, and elevatar shafts. (3) Ramps to a subterranean or seini-subterranean parking structure or ramps b~tween floors af a parking structure providing the ramp does nat accommodate parking. (4) Unenclosed decks, balcon~es, and platforms nat used for cqmmarcial or restaurant activity. - 23 - . . (~) Exterior courtyards, arcades, atria, paseos, walkways, and corr~dors whethEr or not cavered by a roof provided they are nat used for commercial or restaurant activity. (6} The volume above interiar courtyards, atria, paseos, wa~kways, and corridars whether cavered or not. (7) Subterranean and semi-subterranean parking structures used exclusively ~or parking and laadi~g and unlaading. (8} ~t grade parking not ~overed by a build~ng, s~ructure, or roaf. (9} Loading docks raof or canapy, bvt otherwise exc~us~vely for laading and unl (10) Mechan~cal electrical rooms, telephone space if located be~ow grade. open ar cavered by a unenclosed and used oading, equipment rooms, rooms, and s~m~lar Floor area shall include those areas occupied by the following: (3) Restrooms, lounges, lobbies, kitchens, storage areas, and anter3or hallways and corridars. (2) The floar area of interior co~rtyards, atria, paseos, walkways, and corridors cavered by a roof or skylight. (3) Covered at-grade parking. - 24 - (4) ~bove grade parking. Floor area devoted to Covered at-grade parking shall be counted at two thirds of the actual area zf ail of the fo~lowing conditions are me~: (a} The floor devoted to parking does not exceed l0 feet in height. (b) There is at least one level ot subterranean or semi-subterranean parking provided on the ~ot. (c) The at-grade and above grade park~ng levels a~e scr~ened fron view. (d) There is no parking on the ground floor ~~aith~n 40 feet of the trant property line. (e) The design of the parking levels is compatible with the design of the building as determined by the Architect~ral Re~iew Board. Floor Area Ratio {FAR). The floor area of all buildings on a lot divzded by the ~ot area. Game Arcade. Any glace open to the public in which there are four or more games or amusements. These games or amusements include but are not li~nited t~, electronzc, video, and pinball machines, whether coin operated or on free play. Garage. An accessary building or portion of a principal building for the parking or temporary storage of automobiles of the occupants or users of - 25 - . . ~he premises. Garaqe, Subterranean. A structure wholly or partly underground, the ceil~ng of which is not ' more thar_ ~wo feet above the average natural grade, except far openinqs for ingress and egress. General Retail. Businesses which are engaged in sel~ing gQOds or merchandise to the general public and which provides servzces incidental to the sale of such goads. Grade, Theoretical. An imag~nary line from the midpoint of the lot on the front p~operty line to the midpoint of the ±ot on the rear praperty line. Gradinq. Any stripping, cutting, soil remaval, filling, or stockpiling of earth or 1and. Ground Cover, A low growing woody or herbaceous plant with low, compact growth habits wh~ch normally crawls or spreads, and which forms a solid mat or dense caver ov~r the graund within two years af installatian. Mature heights of groundcover will usually range from three inches to three feet. Ground Floor. The first level of a bualding other than a basement. Ground Floor Street Frontaqe. The first level af a building, other than a basement, to a depth of na less than 50 feet of the tront of the lot. - 26 - ~ . Habitable Spaae. Space in a dwelling unit far ~iving, sleeping, eating, ar cooking. Bathrooms, c~osets, halls, staragE or utility space, and parking areas are not cons~dered hab~table space. Hardscape. An open area comprised of durab~e non-living materials ~ncluding, but nat limited to rocks, pebbles, sand, woad, ~ulch~ Chlps, wails, fences~ planters, bricks, stone, aggregate, natural forms, and water features. Hedge. A barr~er of plant material functioning as an enclosure or used for screening. Home Occupation. A haMe enterprise ~n a resident~al dwelling unit znczdental and secondary to the use of the dwelling unit and compatib~e with surrounding residential uses. Home Occupation Permit. an administrati~e permit obtain~d in accordance with Subchapter lOB to allow a home occupat~an. Hospice. A facility that provides residential living quarters for up to six terminally ill persons. A hospice ~s a permitted use in all res~dential districts. Hotel. A building, group of buildings, or a portion of a building which is des~gned for or occupied as the temporary lodging piace of individuals far less than 30 consecutive days includzng, but no~ l~mited to, an establishment - 27 - ~~ s . held out to the public as an apartment hatel, hostel, inn, time share pro]ect, tourist court, ar other s~milar use. Household. Persons living together in a single dwelling unit, with common access ta, and common use ~f all living and eatzng areas and all area5 and faci~ities for the preparataon and storage of foad within the dweil~ng unit. Incidental Foad service. Any bui~ding, room, space, or partion thereof where food is sold at retail where less than 250 square feet (interior and exter~or) zs utilized for on-site consumption of any food or beverage, inc~uding seating, counter spac~ or other eating arrangement. Kitchen. A room or space ~~ithin a bui~dzng intended to be used for cooking or preparing food. Landscaped Area. The area w~thin the boundaries of a gzven Zot whzch consists of lzving plant material including, but not limited tQ, tree5, shrubs, woody and herbaceous ground cavers, grass, fiowers, vines, zrr~gation systems, and other design features commanly used in landscaping, but not ~ncluding walkways, driveways, patios, and other landscape features that use smooth concrete or asphalt. Larqe Family Day care Ho~e. A home which provides family day care to 7 to I2 des~gnated children da~ly, inclusive, including children wha - 28 - ~ reside at the home. Liqht Manufacturing. :4anufacturing uses conducted within an enclosed bu~lding that include fabr~cating, assembling, testing~ repairing, serv~c~ng or processinq products where the nature of the aperatian is not obnoxious or offensive by reason af emission af odor, dust, noxious gas, noise, v~bzation, glare, heat or other adverse environmental impacts. Livinq Area. The interior habitable area of an existing principal c~welling unit including ba.sement and shail nat inc~ude a garage. Livinq Quarters. ti structure or portian thereaf which is used principally for human habitation, Loading Space. An off-street space or berth on the same 3ot with a building for the temporary park~ng of a veh~c~e while loading or unloading of goods. Loft. See Mezzanine. Lot. A 1Qt. Low Income Household. A household whose gross annual income ~s between 51°s and 80~ of the median income of the Los Anqeies-Long Beach-Anaheim Primary Metropolitan Statistical Area (PMSA}, as determined periodically by the U.S. Department of Hausing and Urban Development (HUD), adjusted for household size. - 29 - ~ ~ Manufaatured Housinq. ~ residential structure built off-site and ~oved ta a designated s~te for placement on a permanent foundation. Mezzanine. An ~ntermediate leve~ w~thout wa~ls or partitions, placed in any stary or roam and open to the space belaw. When the total area of any such mezzanine floor exceeds 33 1/3 percent of the total floor area in that room, it shall constitute an additional stary. The ciea~ height above or below a mezzanine floor shall not be less than 7 feet. ~o more than one continuous mezzanine may be permitted in any one rodm. A mezzanina shall be considered a lof~. Middle Income Househvld. A household whose gxoss annual ~ncome is 100a of the med~an income of the Las Ange~es-Long Beach-Anahei~ Metrapolitan Statistical ~rea (PSMA), as determined per~adically by the U.S. Department of Housing and Urban Development (HUD) ad3usted for household siae. Mini-Mart. A sma~i retazl store sel~ing commanly purchased groceries, fast-foods, househald goods, and impulse items, and located on the same lot as a service station or operated in con~unction with a service station with comman parking. Minor Repair af Vehicles. Transmiss~on, muffler, and radiator work, lubricat~on, repa~r of brakes, qenerators, water pumps, batteries, and other minor companents, replacement of wiper - 30 - blades, fuses, rad~ator ~aps, lamps, and ather minor accessories, changing and mounting of tires, wheel alignment, tune-up, minor e~ectrical repairs, and similar repairs and services. Minor repair of vehicles shalZ not inc~ude repairs that cause environmental nuisances including but not limited to engine and drive train overhaul, auto dismantling, bady and fender work, we~ding, repair af tops~ seat covers, and upho~stery, auto glass work, pa~nting~ rebu~ldzng batteries, tire recappzng or retreading, and similar work. Mixed Use Development. The development of a lot or building with two or more differen~ land uses such as, but not limited to, a c~mbinatian of residential~ office. manufacturing, retail, public, or entertainment zn a s~ngle or phys~cally ~ntegrated qroup of struc~ures. Mobilehome Park. See Trailer Park. Moderate-Income Hon~ehald. A household whose gross annuai income as between 8I% and 120~ of the median incame of the Los Angeles-Long Beach-Anaheim Primary Metropolitan Statistical Area (PMSA), as determined periodically by the U.S. 17epar~ment of Housing and Urban Development (HUD), ad~usted for househo~d size. Mate1. An establishment provzda.ng transient accomznadations containing s~x or more roams with at least 25% of all roams having direct access to the - 31 - autside withaut the necessi~y af passing thrQUgh the main lobby of the building. Neighborhaod Grocery Store. Any small market not exceeding 3,000 square feet of floor area se~ling a ful~ range of food products includinq meat, dairy praducts, vegetables, fruits, dry goods, and beverages. Net Residential Area. An area of land zoned for residential uses exclusive af public streets or land dedicated for streets but including the area to the c~nter lin~ af a r~ar alley. Niqht Club. An establish~ent ~hich primarily offers live enterta~nment or dancing and ~hzch may serve food or beverages. Nancanforminq Building or Structure, Leqal. A structure, the size, dimension, or ~ocation of which were Iawfu~ prior to the effective dat~ of this Chapter or any amendment thereto, but which falls to canform ta the present requirements of the zoning district. Nursinq Home. A faciZity lic~nsed to provide full-time convalescent or chron~c care to indiv~duals who, by reason of advanced age, chron~c illness, or infirmity are unable to care for themselves_ Off-Site Hazardous Waste Facility. An operation involving handling, treatment, staraqe, or disposal af a hazardous waste in one or mare of - 32 - ~~ the following situatians: (1) The haz~rdaus waste is txansported v~a comm~rczal railroad, public owned road or public waters, where ad~acent land zs not owned by o~ leased to, the pro~ucer of the waste. (2) The hazardous waste is at a szte which is not owned by or leased to, the producer of the waste. (3) The hazardaus waste is at a site which r~ce~ves hazardous waste from more than one producer. Dutdoor Storaqe. The keeping, in an unraofed area, of any goods, ~unk, ~ateria~, ~erchandise, ar vehicles in the same glace far more than 72 hours. Overlay District. A zonzng designat~on specificaliy de~~~eated on Lhe Districting Map establ~shinq ~and use ~equirements that gavern ~n addition to the standards set ~orth in tha underlying residential, comrnercial or industrial district. Parapet. A low wall or rai~ing not exceeding 42 inches above the roof and along its perimeter. Parcel. A portion of land separated ~rom other portions of Iand by iegal descr~ptian, as an a subdivisian or record of survey map, or by metes and bounds. Parcel shall also include two or more lots combined to b~ used, developed, or built upon as a unit as provided far in Section 9002.1. - 33 - Parcel Area. The total area within the property lines of a parcel, excluding any street or alley right-Qf-way. Parael, Corner. A parcel of land abutting two or more streets at their intersection, or upon two parts of the same ~tr~et ~orming an interzor angle of less than 135 degrees. Parael Coveraqe. That portian of the parcel that is covered by buildings and structures. Parcel coverage sha~l include that area of the parcek d~rectly below any upper leve~ of a build~ng or structure that is cantilevered beyand the edge af the first level of ~he building or structure. Parc~l Depth. The distance measured from the front parcel ~ine to the rear parcel l~ne as per the legal descriptxon of the property. Parce~, Flaq. A parcel not frontzng on or abutting a public road and where access to the publ~c road is by a narrow right-of-way or driveway. Parcel Frontaqe. The width of the front parcel Iine measured at the street right-of-way. Parcel, Rey. The first interior parcel to the rear af a reversed corner parcel and not sepa~ated therefrom by an alley. Parcel Line. A line of record bounding a parce~ which divides one parceZ from anather parcel ar from a public or pr~vate street or any other - 34 - . public space. Parcel Line, Front. The parcel ~ine separating a parcel from a street right-af-way. In the case of a corner parcel, the line separating the narzowest street frontage of the parce~ from the street sha11 be considered the front. Parcel Line, Rear. The parcel line opposata and most distant fram the frant parce~ line, or in the case of a triangular ~r otherwise irregularly shaped pa~cel, a line ten feet in length entire~y within the parcei, parallel to, and at a maximum distance from the front parcel line. Parcel Line, Side. Any parcel line other than a frant or rear parc~~ Iine. Parael, Reversed Corner. A corner parcel, the side street line of which is substantially a continuation of the front parcel Zine of the f~rst parcel to zts rear. Parcel, Thraugh. A parcel wh~ch fronts on two parallel streets ar which frants upon two streets which do not intersect at the boundaries of the parcel. Parcel Width. The horizontal distance between the side lines af a parceZ measured at right angles to its depth along a straight line parallel to the front parcel line at the street or public right-af-way that is ~d~ntified as the parcel's address. - 35 - *~° Fedestriaa Orientation. Design qualzties and elements that cantribute to an actzve, inviting street Ievel environment making the area a pleasant place to wa~k and shop inc~uding but not Iimited to: {a) Street furniture. (b) Deszgn amenities related to the street ~evel such as awnings, paseos, arcades. (c) Visibility ~nto buildings at ~he street level. (d) Highly articulated facades at the street ~evel with znterest~ng uses of ~a~erial~ color, and arch~tectural detailing. (e) Continuity of the sidewalk with a minimum of intrusions into the pedestrian right-of- way. ~f) Continuity af bui~dzng facades along the street with few interruptions in the pro- gressian of buildings and stores. (g) Signage arzented and scaled to the pedestrian rather than the motarist. (h) Landscaping. Fedestrian Oriented IIse. A use which is in- tended to encourage walk-in customers and which generally does nat lzmzt tha number of customers by requiring appointments or otherwise excluding the general publzc. A pedestrian oriented use may sug- gest or require appaintments for services when - 36 - primarily for the convenzence of the custamer, such as reservatians with restaurants, beauticians or op~ometrists to avoid beinq turned away due to unavailability. Pentbouse. A structure not exceeding 14 feet in height located an the roof of a building used for the purpose of sheltering mechanical equip~ent or vertical shaft open~ngs in the roaf. Per~ormance Standards Permit. An administra- t~ve permit obtained in accordance with Subchapter ~OD. Permitted Use. Any use allowed in a Zoning district and sub~ect to the restrictions applicable to that zoning district. Place of Worship. A bulld~ng or structure, or groups af buildinqs or structures, which by design and construction are pri~araly intended for conducting religious services and accessory uses associated therewith. Flanninq Commission. The seven nember body responsibie for carryzng au~ functions with respect to p~anning and zoning as may be prescr~bed by this Article. Porte Coahere. A roofed structure ~xtending from the entrance of a building over an adjacent driveway, the purpose of which is to shelter persons entering and exiting a building. Primary Spaae. Living room, dining room, - 37 - C2TY OF SANTA M4N~CA: LUTM - BU~LDING & SAFETY DIVISTON ~ '~ April 15, 1992 LIST OF CITY'S URM BUILDINGS per State "~ccupancy R~sk Ca~egories" USE "Key": (C) - Commercial, (M) - Mixed, (R) - Resi.dential, (PA) - ~ublic Assembly STRUCTURAL "Key": (C) - Excessive Hazard, (B) - High Nazard, (A) -- In~ermedlat~ Hazarci Street Address Floor Area Height Age Use Haz Remarks City (*denotes c~rner buildinc~) (Sq.Ft.) (Story) 19T Code Code ~~ SUMMARY 4/15/92 N~ Ar~~ I "High Risk" (over 100 Occupan~s) 25 581,20U (5G~) ( 4P- 73,900sf)* ~I "Special Risk" (Assembly [1se) 3 19,000 ( 2~) ( 1P- 3,Oa0sf)* II "Medium Risk" (20 to 100 Occupants) 76 420,2D0 (40~} (20P-1a7,600sf)* IIZ "LOW R1Sk" (lESS 20 occupants) 20 22L900 ( 2~} ( 2P-- 2~9005f)* Total 124 1,093~300 Sq.ft. (2?P--187,40asf) "Remarks" LEGEND: P= Permit Issued/Filed for full Rehab work FC*PG = Full Gompliance Plan Check ~i~ed FC*NW = Full Compliance-Permit Issued-No Work done 0~ = Rated as no seismic resistance building by structural engine~r in Ord 1489 Report X~ = n n}~ o C~~'dVlt.~7 (CJ} Se1SftIlC ~t n n ~+ u ~~ ~ ~r n (x~} = Rated by staff -- owners filed plans/permit for compliance in r~.sponse Ord 1489 NOTE5 l: Gravity Compar~sons for California seismic desi n standards are as follows: a) 3-4~ g= Minimum 1933 Califoria "Ril.ey Act" statewide standard. b) 6-9~ g= Revised 1940 statewide minimum standard. c) 13+~ g= 196D Uniform Code standard adapted by state/cities. d) 1$+$ g= 1976 Unifo~m Code standard adopted by state/cities. 2: URM "re~ro£it" rehab design standards generally =(2/3) current code level ~ about 10%g ~~ for any [IRM rehabs dane prior 1976 USC adoptians [circa 1980} and 13~g af~er 76 adoption. ~ However this 3~ differential is minimal & insic~nificant for the URM public safety issue ~~-x compared to the initial 0--10~ ~nitial analyis and correctian. Any type of buildings buil~ `-~ as r~ 1980 URM rehabs. Howev~r to da~e EQ ~; prior (1960) are about the same status (~g) p damage results/ex~e~ience have not g~nerated any significant public safety effort/demanci ~.o correc~ this minor (14-13$) URM cade discrepanGy or o~her pre 1960 buildings. WR:lwk:urm . E open spaces. Public Utility Service Center and Service Yard. Any building or property used far the admin~strat~on af public util~ty repair, maintenance, and ~nstallation crews~ warehouse, storage yard or maintenance garage including vehicle parking of a public utility. Recreational Building. Incidental park structures such as restrooms and maintenance facilities, community rooms, lockEr rooms and showers servicing persons using the beaches or ocean, playing courts, playgrounds, pzcnic areas, and public swimming pools. Res~dential Care Facility. A group housinq ar~angement chosen voluntarily by residents aver 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 need~, as determined in order to be admitted and remain ~n the facil~ty. Residential Use. One or mare raoms designed, occupied, ar intended for occupancy as primary ~iving quarters in a building or portion thereof. Restaurant. Any building, roam, space, vr portion thereof where food is sold for consumption on site. A res~aurant does not include incidental food service. _ 3g ~ . _ Rest Home. An extended or ~ntermediat~ care facYlity iicensed or agproved to provide health care under medzca~ supervision far 24 or more cvnsecutive hours to two or more patient~ who are nat related ta the governing authority or its members by marriage, bl~od~ or adoption. Roo~. That portzan of a building ar structure above walls or colu~s that shelters the €loor area or ~he structure belvw. Saaitarium. An institution fnr the treatment of persons with chronic and usua~ly long term illnesses. Secondary Window. Windaw serving a bedrnom, bathroom, kitchen, sta~rway, corridor, or storage area in a dwel~ing unit, or a window in a primary space which ~s not a primary window. Self-Service Storage Warehause (Mini- Warehause). A warehouse operation where customers rent or lease, and have dir~ct access ta, individual storaqe 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 bu~Iding 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 - 40 - separate bedraom ar private living quarters. Serviae Station. Any establishment whvse primary function is the retail sale of petroleum products and vehicle accessor~es normally associated w~th this use~ and shall include thase service stat~ans praviding full service or self-sarvice stations. Setback. The distance between the lot line and a building nat including permitted projections. Shelter for the Home~ess. A residential facility opera~Ed by a"pravider", other than a "commun~ty care facility" as defined in California Heaith and Safety Code Section 1502, which pravides temporary accommodations to homeless persons and/or families and which meets the standards for shelters contained in Title 25, California Administrative Code, Part I, Chapter F, Subchapter 12, Sectzon 7972. The term "temporary accommodati~ns~~ means that a hameless persan or family wil~ be al~owed to reside at the she~ter 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 nan-profit organization which provides, or contracts with recognized commun~ty organa.zatzans ta ~ravide, emergency or temporary shelter for the homeless, and which m~ets the standards set forth in Section 9050.14. Shrub. A plant with a compact growth habit - 41 - and branches caming from the base of the plant. Mature hezghts of shrubs may vary from one foat t~ 15 feet depending on their species and landscape app~ication. Sidewalk Cafe. Any outdoor dininq area Iocated in any pub~ic sidewalk or r~ght-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 other eating and drinking establishment an a contiguaus ad~acen~ la~. Sinqle Roam Occupancy, A housing unit which is contained within a resldential hotel, rooming house, hotel, ~r motei where the unit does not conta~n e~ther pr~vate food preparation or sanitary faci~ities. Site. Any plot or lot of land or comhination of contiguous lots of land. Skylight. That port~an of a roof whzch ~s glazed to adr~it light, and the mechanzcal fastening required ta hold the giazing, including a curb not exceeding 1D inches in height, to provide a weatherproafing barrier. 3ma11 Family Day Care Home, A home which pravides family day care to six or fewer designated children daily, ~nc~uding chi~dren wha reside at the home. Solar Energy System. Any solar coll~ctor or - 42 - ,- . . other solar energy devzce, or any structurai design feature of a build~ng whose primary purpose ~s to provide for ~he collection, storaga, or dzstrzbution of solar energy for space hear~ng or caoling, watar heating, or electricity. Specia~ity Office. Uses intended to provide a service without requiring an appointment such as travel agencies, real estate offices and znsurance aqencies. Story. That portion of a building included between two consecutive floors of a building. A basement shall not be cons~dered a story if ~he finished fZrst floor does nat exce~d 3 feet abo~e the average natura~ grade of the lot. An unfinished attic shail not be considered a story. A mezzanine shall be considered a story if it is not open to the floor belaw, if it contains any enclosed rooms, bathrooms, clasets, and the l~ke, ar if i~ contains more than 33 1/3s af the tota~ floor area af the roam(sj onto whzch it apens. structure. Anything constructed or erected, which requires a fixed location on the ground, or is attached to a bu~~ding or other structure having a fixed lacation on the ground. 5ubdivision. See ChaptEr 3 for all subdivisian definitians. 5ubstantia]. Remadel. Removal of 50 percent or mare of the exterior walls or remova~ af 50 - 43 - percent or more of supportzng members of a structure such as bear~ng wa11s, calumns, beams, or girders. Tandem Parkinq. A group of two ar mare parkinq spaces arranqed one behind the other where one space b~ocks access to the other space. Temparary struature. A structure without any foundation or footing and which is removed when the designated t~me period, acti~ity, or use f~r which the ~emporary structure was erected has ceased. Temparary Use Permit. An ad~inzstrative permit abtazned in accordanc~ w~th Subchapter lOC. Theater. Any hall ~here live entertainment is given or held as the principal use~ any establishment containing a permanent stage upon wh~ch movable scenery and theatrical appliances are used and where regular theatricai performances are given. Trailer. A vehicle without motor pawer, designed to be drawn by a mator vehicie and ta be used for human habitation or far carrying persons or property, including a mobilehome, trailer coach or house trailer. Trailer Court ar Mebilehome Park. Any area or tract of land used or designed to accommodate one or more trailers in use for human habitat~on wi~h minimum facilities for water, sewer, electricity, and laundry. _ 4~ _ Tree. A piant having at least ane we~l defined stem or trunk and normally attaining a mature height of at least 15 feet, ~ith an average mature spread of 15 feet, and having a trunk that sha11 be kept ciear of ~eaves and branches at least s~x 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 t~me of planting. 24 Inch Box Tree. A 24 ~nch box ~ree shall be no less than one and three-quarters inch caliper and at least seven feet in height abave grade at the time of planting. Usabie Open Space. outdoor space which is specifically designed and constructed to be occupied by and used by residents af the dwell~ng units an a lot. IIse. The purpose or act~vity far which land is zoned or a structure as zntended ar used. Variance. A discretionary permit obtained in accordance with Subchapter 10E. very Low Income Houaehold. A household whose gross annual income is between 0~ and 50~ of the median income of the Las Ange~es-Long Beach-Anaheim Primary Metropolitan Statistical Area (P~SA), as determined periodically by the U.S. Department of Hausing and Urban Develapment (HUD}, adjusted for - 45 - household size. Warehouse. A building, group of buildings, or a part~on of a bu~lding used far the storage of goods and materials. Yard. An open space situated between lot lines and nat cavered by buiZdings. Yard, Front. A space extending the ~ull width of the lot between any building and the front lat line, and measured perpendicuJ.ar to the building at the c~osest point ta the front lot line. The front yard shall be unoccupied and unobstructed from the ground upward except as ~ay be permitted by this Chapter. Yard Sale. Any sale held for the purpase of selling, trading, or otherwise disposing of unwanted hausehold furn~shings, persona~ goods, or other tangible properties under control of the person holdinq such sale and conducted in a residentia~ district. Yard, side. ~, space extending the full depth af the iot between the principal building and the side lot line measured perpendicular from the s~de lot line to the closest point of the pra.ncipai bu~lding. The side yard sha~l be unaccupied and unobstructed from the ground upward except as may be permitted by this Chapter. Yard, Street Side. A space extending the full depth af the lot between the principal - 46 - ~ bualding and the side lot line ad]acent to a pub~ic street right-of-way :~easured perpend~cular from thE side lot line to the c~osest point of the principal building. The street s~de yard shall be unoccupied and unobstructed from the ground upward except as may lae permitted by this Chapter. Yard, Rear. A space extending the full width ~f the lot between the principal bu~ld~ng and the rear lot line measured perpendicular from the rear lot line to the closest point of the pr~nc~.pal building. The rear yard shall be unoccup~ed and unabstructed from the graund upward except as ;aay be permitted by this Chapter. Zoning Ordinance. 'The Comprehensive Land Use Ordinance of the C~ty of Santa Monlca. SECTI~N 4. Section 9080.2 of the Santa Monica Municipal Code is amended to read as follows: SECTION 9080.2 Leqal, Nonconfarming Buildinqa. A legal, nonconfarming building is a structure which lawfully existed or the effective date of this Chapter but which daes not comply with ane or more of the property development standards for the district zn whzch it is located. A~egal, nonconforming bu~lding may b~ maintained as follows: (a) Repairs and Alteratians. (1} Repairs and alteration may be made - 47 - =~ .~ ~,,.~ ~ ±'r ~ ~ RESOLUTION NO. (City Cauncil Series) A RESOLUTION OF THE CITY COUNCYL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO AMEND THE C~TY OF SANTA MONICA COMPREHENSIVE LAND USE AND ZONING ORDINANCE AND DIRECTING THE PLANNING COMMISSZON TO INITIATE AN AMENDMENT THE CITSE COUI~CIL OF 2`HE CITY ~F SANTA MdNZCA DOES RESOLVE AS FOLLOWS: Sec'tion 1. Pursuant ta the Santa Monica MunicipaJ. Code Section 9120.2, the City CounciZ does hereby annaunce its intention to initiate an amendment to the City of Santa Monica Comprahensive Land Use and Zaning Ordinance to permit the replacament af a building that has been stucturally upgraded in compliance with the Seismic Retrofitting Code and that is subsequently damaged or destroyed by an earthquake so long as the building as rQbuilt wi11 meet certain specified criteria and directs the Planning Commission to consider such an amendment to the City's Zoning Ordinance. Section ~. The City Clerk shaZl c~rtify ta the adoption of this Resolutian, and thenceforth and thereaftar the same shall be in full force and effect. APPROVED AS TO FORM: ~~~ ~,,,~ ~ - ~ ROBERT M. MYERS City Attorney ~j~l~ ^-~ v J ~' ~) ~s located, including the total floor area permitted an the parcel. (2) A residential building lacking sufficient parking space as ~equ~red by Subchapter 5E may be added to or enlarged provided add~tional parking spaces are supplied to meet the raquirements of Subchapter 5E far ~he new addition. Additional parkinq shall be required for the addition of bedrooms. (3) A commerc~al or industrial building lack~ng sufficient parking spaces as required by Subchapter 5E may be added to or enlarged provided that additional parking spaces are supplied to meet the requirements of Subchapter 5E far the addition or enlargement, and prov~ded that no s~ngle or cumulative addition or enlargement exceeds 25% af the floar area of the building existinq an the effective date of this Chapter. (4) A commercial or industrial building lacking sufficient parking spaces as required ~y Subchapter 5E may b~ added to or enlarged beyond 25~ of the floor area of the building existing on ~he effective date of this Chapter, provided additianal parking spaces are supplied to meet the requirements of Subchapter 5E for the floor area of the entire building. (c) Replaoinq Nonconforminq Features or - 49 - . ! Pcrtions o~ Buildinqs. Noncdnforming features or portions of buildings that are removed shail not be replaced uniess they conform ta the provisions of tihis Chapter. (d} Moving. Na nonconforming building shall be moved in whole or in part ta any other location an the parcel unless every portion of the lau~lding is made to conform ta all of the reguiations of the d~.strict in which it is located. (e) Restorinq. A nonconformYng building wh~ch is damaged ar destroyed to an extent af less than ane-half af its replacement cost immediately prior to such damage may be restored to its orig~.nal condition anly ~f th~ restoration is commenced within one year af the date the damage accurs and is diligently completed. (f) A nor~confarm~ng building which ~s damaged or destroyed to an extent af one-ha~f or more of its replacement cost immediate~y prior ta such damage may not be restored to its noncanfarming conditian but must be made to conform to the provisions of this Chapte~. A designated landmark structure or historica~ly significant building identified in the Historic Resaurces Survey as a category 1 through 5 structure which is damaged ar c~estroyed may be rebuilt ~f the building is rebuil~ to its square faotage, site orientation, and he~.ght and setbacks, that existed prior to the -5a- destruction. SECTION 5. Santa Monica Municipal Code Sectzans 9150.5 through 9150.8 are amended to read as follaws: Section 9150.5. Enforcement. In additian to any other remedy provided for by law, the Zoning Administrator may take the following actzon for any violation of ~his Chapter or of the terms and conditions of any permit ar appra~al as provided for in Section 9150.3: (a) Institute proceedings as provided for by this Chapter to revoke or suspend any permit or approval. (b) Revoke the business license held by any violator as provided far in Section 9150.6. (c) Impose an enfarcement fee as prov~ded for ln Section 9~50.8. (d) Cause to be issued a citation as provided for in Sect~on 9150.9. (e) Request ~hat tha City Attarney take appropriate enfarcement actian. Referral by the Zoning Administrator is not a condition precedent to any enfarcement action by the City Attarney. Section 9150.5. Business Liaenae Revocatian or suspansion. (a) Notwithstanding any other provision af this Code, the ~aning Administrator may suspend a business license for 30 days or less, or may revoke - 51 - a business license issued pursuant to Artic~e VI of the Code, iE the holder of such business l~cense has violated the provisions of this Chapter or the terms and conditions of any permit or approval as provided ~or in Section 9150.3, in accordance with the procedure set farth in this Section. (b) Upan being notiFied of a second violation of this Chapter, or ~he terms and conditions of a~y permit or approval, within a three (3) year period from the date of the first v~alataon, the Zoning Administrator shal~ notify the person that a third violation within such three (3) year period may result in the suspensian or revocation of the person's business license. (c~ Upan be~ng notified af a third violatio~ of this Chapter, or the terms and condYtions of any perm~t or approval within a three year period from the date of the first violation, the Zoninq Administrator may notify the person of the revocation or suspensian of the person's business license. (d) Any notice of revocation or suspension issued pursuant to this Section shall be fina~ upon the exp~ration of ~he appeal period ~f no appeal is tzmely filed or upan the decision of the Planning Cam~-ission if an appeal is timely filed. - ~2 - Section 9150.7 Riqht ta Appeal. Any persan may appeal tha suspension or revocation of the business license in accordance w~th the following pracedures: (a} A not~ce df appeal shall be filed with the Zaning Administrator within fourteen (14) days from the date of the notice of revocation or suspension. (b) The Planning Commission shall hold a hearing on the appeal w~thin 60 days of the date of ~he filing di the appeaZ. The City sha~l gzve the appellant at least ten (10) ~ays notice of the t~me and place of the hearing. The Planning Commission shall render a decision w~thin 1S days of th~ date of the hearing. (c) The decision of the Planning Commission shall be ~inal except far judicia~ review and there shall be na appeal to the City Counc~l. (d) Any notice revaking ~r suspending a bus~ness license pursuant to this Sectian sha~l set forth the appeal rights as provided far in this subsection. Sect~on 9~50.8 Enfarce~ent Fees. (a) An enforcement fee shail be paid to the City by each persan who has violated the provisions of this Chapter ~r the t~r~s and conditi~ns of any perm~t or approval as pzovided for in Section - 53 - . ~ 9150.3. The purpose af ~his fee is ta racover the costs of enforcement from any person who violates the provisions of this Chapter or any permit or approval. (b) Fees shal~ be assessed as follows: (1} F~r the first violatian there shal~ be no fee. t2) Fox the second violation within a thr~e (3) year period fzam the date of the first ~iolation, the fee sha11 be $100.00. (3) For the third violation and each subsequent vio~ation within a three (3) year period fro~ the date Qf the first violation, the fee shall be $200.00. (c) The Zoning Administrator shall cause ta be zssued a notice ~mposing fees under this Section. The notice shall provide that the fee sha11 be due and payabl~ within 15 days from thE date of the notice. A penalty of ten percent per month shall be added ta any fees that have not been paid when due. {d} Any person upon wham fees have been ~mposed pursuant to this Section may appeal the action in accordance with the following procedure: (1) A notic~ of appeal shall be fi~ed with the Zoning Administrator within 10 days of the date of the natice. (2) At the time af filing the notiee - 54 - of appeal, the appe~lant shal~ depos~t with the City Treasurer maney in the amount of al~ fees due. If, as a result of the hearing, it is determined that the City is not entitled to ai~ or a portion of the money, the City shall refund to the person all or a partion of the money deposited. (3) The Planning Commission shall hald a hear~ng on ~he appea~ w~thin 45 days of the date of filing of the appeal. The City shall gi~e the appellant at ~east five days notice of the time and plaee or the hear~ng. The Planning Comm~ssian shall render a decision T~ithin 15 days af the date of the hearing. The purpose of the hearing sha~l be Zimited ta whether or not the vialation occurred. (4) Th~ decision of ~he Planninq Commzssian sha11 be final except for judic~.a1 review and there shall be no appea~ ta the City Council. (5) Any natzce ~ssued pursuant to this Section shall set farth the appeal rights as provided for in this subsection. SECTION 6. Section 9Z5Q.9 ~s added ~to the Santa Monica Municipal Code to read as follows: ' Sectlon 915~.9 Citations. Pursuant to Penal Cade Section 836.5, the Senior Zoning Inspector and Zoning Inspectors may arrest a person whenever he - ~5 - -~-- - ,r_ . t ar she has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or he~- prESence which is a violation o~ this Chapter or the terms and conditions of any permit or approva~ as prov~ded for in Sectian 9150.3. In any case in whzch a persan is arrested pursuant to this Section and the person arrested does not demand to be taken befQre a magistrate, the Senior Zoning Inspector or Zoning Inspector ~hal]. prepare a written natice ta appear and shall release the persQn an his or her promise to appear as provided for in Section 3606 of thzs Code. SECTION 7. Section 9113.3 of the Santa Monica Municipal Cade is amended to read as fo~lows: Section 9113.3. Applicability. The Zoning Administrator may grant a variance from the requirements of this Chapter to: (a) Allow modification of the minimum lot sizes or minimum parcel dimensions. (b) Allow the reduction of the automobile parkinq spacE or loading space requir~ments. (c) Allow the modification of fence heights. (d) AZlow the ~adification of yard setbacks or parcel cQVerage on: (1) Parcels having a depth of 90 feet or ~ess or a width of 39 feet or less. - 56 - s ~ (2) Non-rectilinear parcels or rectangular parcels an which parallel property lines differ in length a minimum af fi~e feet. (3) Parcels with a 12.5 foot grade different~al or ~ore, as ~easured from either any point o~ the front parcel line to any point on the rear pa~cel line, or from any point on a side parcel l~ne to any paint on the opposing side parcel l~ne. {4) Additions to the same floor of an existing bu~lding which is non-conf~rming as to yard setbacks, where such addition follows the line ot the existing building but ~n no case is cioser than four feet ~o a property line. (5) Parcels zn the "CM" District on which relocated structures that are identified an the Historical Resources Survey as having a val~e of 1 thraugh 5D or which are determz~ed to be historscally significant by the Landmarks Comm~ss~on are located. A variance may app~y only to the relocated structure. {e) For projects confarming to state density bonus guidelines, allow encroachment into no more than 15 percent of one side yard setback, and into 15 percent of either the front or rear yard setback, and, excep~ in ~hose zones where an zncrease in parcel caveraqe for state density bonus pro~ects is already permitted, a~low an increase in - ~7 - 4 ~ parcel coverage hy na more than ten percent of parcel area. In no case shall a rear yard setback of less than five (5) feet be allowed. (f) A11ow bui~dings to exceed distrlct height limits by no mare than f ive ( 5} feet in one of the following situatians: (1) If a parcel has a qrade differential of 12.5 feet or more, as measured from either any point on the front parcel line to any point on the rear parcel lin~, or from any po~nt on a szde parcel line to any point on the appos~ng side parcel line. (2) To aZlow an additian to an existing structure that is legally nan-conforming as to height providad the addition does not exceed the height line af the existing building. (g) Allow an additian ta an existing bu~lding that is legally non--conforming as ta height provided all of the fallow~ng criter~a are met: (1) The addition does not exceed the height line of the existing building. (2) The addition does not exceed two (2) percent of the total floor area of the building. (3) The addition daes not increase lot coverage or the overall footprint of the building. - ~8 - . ~ (4) The addition daes not ~ncrease the density or number of inhabitants or increase the intens~ty af use of the building. (5) The additian oth~rwise conforms ta the regulations af the district ~n wh~ch it is located. (6) There is no feasible alternative method of attaining the desired use. (7) Ther~ is no substantial adverse impact to adjacent buildings, existing streetscape, privacy, nor s~gnificant increases to the ~ass and bulk of the buildinq. {h} Allow the ~odification of the required frant yard setback to allaw, in the case af existing development, a detached garage provided all of the foilowing criteria are ~et: (1) The lot ~s less than 100 feet in depth. (2) The an site use is a single-family dwelling. (3) No alley access is availab~e to the site. (i} Allow the modification af the side yard setback for primary windows in the OP-2~ OP-3, and OP-4 Districts when the imposition of the required setback wauld severely constrain develapment on the project, an alternative setback would sti~l satisfy - 59 - a 1 private open space requirements, and maintain privacy for the accupants of the praject. SECTION 8. Sectian 9044.4 of ~he Santa Monica Municipal C~de is amended to read as follows: Section 9044.4. Number of Parki~q Spaces Required. RESIDENTIAL (FA = floor area) MAXIMIIM PERCENT MINIMIIM OFF-STREET COMPACT SPACES USE PARKYNG REQIIIREMENT ALLO~PED Detached sinqle 2 spaces in a garage per None family units dwe~ling unit Condom~niums: Studio, no bedrooms 1.0 cavered space None Z& Z bedraoms 2 covered spaces per unit None Each bEdroam over 2 0.5 cavered spaces per extra bedroom Visitor spaces 1 space per 5 un~ts {applies 30% to pro~ects of 5 or more units) Multi-family resi- dential: Studia, no bedrooms 1.0 space None 1& 2 bedrooms 2 spaces per unit None Each bedroom over 2 0.5 spaces per extra bedraom Visitar spaces 1 space per 5 units (applies to projects af 5 or more 30~ units) - 60 - ~ t~ MAXIMUM PERCENT MINIMUM OFF-STREET COMPACT SPACES USE PARRING REQUIREMENT ALLOWED Surface parking shall be prfl- ~~.ded ~n the rear half of the residentzal lot. Ch~~d Day Care Cent~r Rooming houses, boarding hom~s, c].ubs, or fraternity type housing with sleeping facilities Hote15, Motels 2 spaces ~n addition to those required for the residence 1 conered space per bedroom s0~ 1 space per guest roam plus 40~ 1 space for each Zoo sq. ft. used for meetings and banquets. Other uses such as bars and restaurants shall pr~vide parking in conformance with the requirements for Cammercial Lses listed below. Senior graup housinq i space per unit 40~ 1 guest space per 5 units Seniar gro~zp hous~ng that is deed re- stricted for low- moderate inc~me levels 4.5 space per unit 1 guest space per 5 units 4a~ - 61 - ~ COMMERCIAL US E Automobile ~ental agency (FA = f ioor area) MINIMIIM OFF-STREET PARRING REQUIREMENT MASiMUM PERCENT COMPACT SPACES ALLOWED 1 space per 500 sq.ft. 40~ of FA plus 1 space per 1,000 sq. ft. of outdoar rental storage area* Automabile repair 1 space per 500 sq.ft. of FA 40~ plus 2 spaces per service bay* Autamobile service 2 spaces per service bay plus 40~ station with or 3 spaces if fuil serv~ce, 1 without mini-mart space lf self service, plus 1 space for each i00 sq.ft. of retazl Automobile sales 1 space per 4~0 sq, ft. of floar area for shawroom and affice, plus 1 space per 2,000 sq. ft. of exterior disp~ay area, p~us 1 space per 500 sq. ft. for automobile repair, plus 1 space per 300 sq. ft. for the parts department. Auto washir-g (self- 2 spaces for eaeh washing Nane service or coin stall aperated) Barber Shop, beauty 1 space per 300 sq. ft. 40% parlor or nail salon Banks and commercial ~ space per 300 sq.ft. 40% savings and loan on the 1st f loor. Other institutians office above lst flaor shall comply with general office use requirement. General affice 1 space per 300 sq. ft. of FA 40-°s *No required off-street parking space shall be tised far sale, rental, or repair af autos. - 62 - _~ . . USE Restaurant: Restaurant Fast faod, take-aut, drive- through restaurants Bars and night- ciubs (dance ha~ls, d~scas, etc.) Retai~, general merchand~sing which is not Iocated in a shapping center Retail, furniture and appliance Lumber yards, p~ant nursera.es MAXIMUM PERCENT MINIMIIM OFF-STREET COMPACT SPACES PARAING REQUIREMENT ALLOWED 1 space per 300 sq. ft. of 40~ suppart area; 1 space per 75 sq. ft, of service and seating area; and 1 space per 50 sq. ft. of se~arate bar area. 1 space per 75 sq.ft. of FA. Minimum of 5 spaces must be provided. 1 space per 50 sq.ft. of FA. Portions of restaurants that include bars shall be calcu- lated us~ng this standard. 1 space per 300 sq.ft. of FA. Loading zane requ~red. 1 space per 500 sq.ft. of FA. Loading zane required. 1 space per 300 sq.ft. of FA far interior retail plus 1 space per 1~o0D sq,ft. of autdoor area devoted to display and storage. Loading zone required. EDIICATIONAL (FA = ~ZoQr area) MINIMQM OFF-STREET USE PARRING R~QUIREMENT Libraries ~ space per 250 sq. ft. of FA Auditoriums 1 space per 4 fixed seats 40% 40~ 40°s 40% 4og MASIMUM PERCENT COMPACT SPACES ALLOWED 4 Q-°s 40~ - 63 - , ~ USE Child care, pre- school, nursery schools MINIMUM OFF-STREET PARKING REQUIREMENT MASIMIIM PERCENT COMPACT SPACES ALLOWED 1 space for each staff inember, 40~ 1 space for each 5 chzldren Private elementary 10 spaces plus 1 space per 40~ and ~unior h~gh classrooin schoal Private high schools 20 spaces plus 5 spaces 40$ per classroom Private colleges 10 spaces plus 30 spac~s per 40% classroom Professional business 1 spac~ per 150 sq.ft. of FA 40% or trade schools in- clud~ng beauty colleges Museums and ga~l.er~.es 1 space per 300 sq. ft. of FA 40°s Stadiums 1 space per ~ s eats 4Q~ USE Con~alescent homes Hospitals and medical centers HEALTH SERVICES (FA = floar area) MINiMUM OFF-STREET PARKING REQOIREMENT 1 space per 2 beds 1 space per 3 beds plus 1 space per 150 sq. ft. of FA for aut- patient use {min) MABIMUM PERCENT COMPACT SPACES ALLOWED 4 ~ o 40~ Medical and dental 1 space per 250 sq.ft. of offices and clinics FA Veterinarians, animal 1 space per 250 sq. ft. of and veterinary FA hospitals Emergency ~ed~cal 1 space per 200 sq.ft. of FA centers 40°s 40~ 40% -- 64 - 4 ~ INDUSTRIAL SERVICES (FA = floor azea) MA)IIMUM PERCENT MINIMT7M OFF-STREET COMPACT SPACES USE PARRING REQUIREMENT ALLO~PED Light and limited 1 space per 300 sq. ft. of 40% industrial manufac- FA for manufacturing plus 1 turing space per 250 sq. ft. of FA for office use Warehausing ar 1 space per 1,000 sq. ft. 40~ warehousing included with industrial uses ~ina-Warehousing/ 1 space per 4,000 sq. ft. of FA 40% Storage for mini-warehousing/storage use plus 1 space per 250 sq. ~t. of FA for office use. Loading zone required. COMMERCIAL ENTERTAINMENT AND RECREATION {FA = flaor area) IISE Bowling alleys Billiard or pool parlors, rol~er or exhibition halls and assembly halls withaut fixed seats, inc~uding assemhly areas within community centers, private clubs, lodge halls, and union head- quarters Theaters, cine~ttas (single and multi- scxeen) and other places of assemb~y MASIMIIM PERCENT MINIMUM OFF-STREET COMPACT SPACES PARRING RE~IIIREMENT ALLOWED 2 spaces per lane 40% 1 space per 80 sq. ft. of 40°s FA of assembly areaice skatzng r~nks, 1 space per 4 fixed seats or 40-°s 1 space per 80 sq. ft. af FA of assembly area, whichever is greater - 65 - t . USE Tennis, handball, and racquetball and othex~ athletic caurt facilities Health clubs and indoor athletic facilities and exercise studios Dance studios MA%IMIIM PERCENT MINIMIIM OFF-STREET COMPACT SPACES PP,RICING REQUIREMENT ALLOWED 2 spaces per court plus 1 space 40~ per 8o sq. ft. or 1 space per 4 fixed spECtator sea~s, whichever is greater 1 space per 80 sq. ft. of FA 40% 1 space per 3oD sq. ft. of FA MISCELLANEOIIS (FA = floor area} 40~ MASIMIIM PERCENT MINIMUM OFF-STRE~~' COMPACT SPACES USE PARRING REQUIREMENT ALLOWED P1acES of worship o~ 1 space per 80 sq.ft. of 40°s other places of FA of assembly area, or assembly including requirement for office mortuax-ies, banquet space and school uses as faciiities and applicable or I space for convention facilities each 4 fixed s~ats, wh~chever is greatest. Shelters for the 1 space for every 10 beds, 40~ homeless but in no case less than 2 spaces Hospice faciZities 2 spaces 40% with six persons or less living on the premises SECTION 9. Sectian 9517 is added to the 5anta Manica Municipal Code to read as follaws: section 9517. Postinq af Praperty. wi.tha.n 10 days after an application for architectural - 66 - , . revi~w far a~a~or pro~ect has been filed, the applicant shail past the property in a~anner set forth by the Zoning Administrator. For purposes of this Sectian, a ma~or pro~ect is defined to include any project in excess af 15,040 square feet. SECTION 10. Any ~rovision of the Santa Monica Municipal Cade or appendic~s thereto lnconsistent with the provzsions of this Ordinance, to the extent of such inconsis~encies and no further, are hereby repealed ar madified to that axtent necessary to affect the prov~sions of this Ordinance. SECTION 11. If any section, subsection, sentence, clause, or phrase of this Ordinance ~s for any reasan held to be invalid or unconstitutional by a decision of any court of competent ~urisdiction~ such decisian shall not affect the validity of the remaining partions of this Ordinance. The City Council hereby d~clares that it wou~d have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not 3eclared invalid or unconstitutiona~ without regard to whether any portian of the Ordinance wou~d be subsequently declared invalid or unconstitutional. - 67 - a • SECTION 12. The Mayor shall sign and the Ci~y Clerk shall attest to the passage oF this Ordinance. The City Clerk sha11 cause the sama to be publ~shed once in the official newspaper w~thin 15 days after ~ts adopt~on. This Ordinanca shall became effective 30 days fram its adoption. APPROVED AS TO FORM: JOS H LAWRENCE Act~ng City Attorney - 68 - ~ Adonted and approved this 22nd day of September, 1992. Ma r I hereby certify that the foregoing ordinance No. 1645(CCS) was du~y and regularly introduced at a meeting af the City Council on the 8th day of September 1992; that the sazd Ordinance was thereafter duly adapted at a meeting of the City Council on the 22nd day of September 1992 by the foilowing Counc~I vote; Ayes: Councilmembers: Abdo, Genser, Holbrook, Vazquez, Noes: Councilmembers: None ~bstain: Counci~members: None Absent: Councilmembers: Katz, Olsen, Zane ATTEST: ~~~ ~.~ ~~ ~ _. ~ City Clerk ~