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MAR - 8 199It
CA:atty\muni\strpts\c4dist4
City Council Meeting 3-8-94
Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: city Attorney
SUBJECT: Ordinance Amending Santa Monica Municipal Code Section
9.04.08.22.030, Related to Uses Permitted in the C4
District Subject to the Approval of a Performance
standards Permit; Amending section 9.04.08.22.040,
Related to Automobile Dealerships in the C4 District;
Amending Section 9.04.10.02.080, Related to Permitted
Heights of Fences, Walls, and Hedges; Amending section
9.04.18.030, Related to Legal Non-Conforming Uses;
Amending sections 9.04.20.04.010 and 9.04.20.04.020,
Related to Home Occupation Permits; Amending Section
9.04.20.06.030, Related to Temporary Use Permits;
Amending Section 9.04.20.20.080, Related to Posting of
Property Subsequent to an Application for a
Discretionary Permit; Amending section 9.04.20.24.020,
Related to the Filing of Appeals; Amending section
9.04.20.28.020, Related to Applications for
Administrative Approvals for New Construction and New
Additions; and Amending Section 9.08.040, Related to
Fees for Residential Building Records
At its meeting on February 22, 1994, the city council
introduced for first reading an ordinance amending Santa Monica
Municipal Code section 9.04.08.22.030, Related to Uses Permitted
in the C4 District Subject to the Approval of a Performance
Standards Permit; Amending Section 9.04.08.22.040, Related to
Automobile Dealerships in the C4 District; Amending section
9.04.10.02.080, Related to Permitted Heights of Fences, Walls,
and Hedges; Amending Section 9.04.18.030, Related to Legal Non-
Conforming Uses; Amending sections 9.04.20.04.010 and
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MAR - 8 199't
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9.04.20.04.020, Related to Home Occupation Permits; Amending
Section 9.04.20.06.030, Related to Temporary Use Permits;
Amending Section 9.04.20.20.080, Related to Posting of Property
Subsequent to an Application for a Discretionary Permit; Amending
Section 9.04.20.24.020, Related to the Filing of Appeals;
Amending Section 9.04.20.28.020, Related to Applications for
Administrative Approvals for New Construction and New Additions;
and Amending Section 9.08.040, Related to Fees for Residential
Building Records. The ordinance is now presented to the City
Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
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CA:MJM:atty\muni\laws\cesar\c4dist4.ord
City council Meeting 3-8-94 Santa Monica, California
ORDINANCE NUKBER 1732
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA KONICA AHENDING SANTA MONICA
KDNICIPAL CODE SECTION 9.04.08.22.030, RELATED TO USES
PERMITTED IN THB C4 DISTRICT SUBJECT TO THB APPROVAL
OF A PERFORMANCB STANDARDS PERMIT; AMENDING SICTION
9.04.08.22.040, RELATED TO AUTOMOBILE DEALERSHIPS IN
THB C4 DISTRICT; AMENDING SECTION 9.04.10.02.080,
RBLATED TO PERMITTED HEIGHTS OF FENCES, WALLS, AND
HEDGES; AMENDING SECTION 9.04.18.030, RELATED TO
LEGAL BON-CONFORMING USES; AMENDING SECTIONS
9.04.20.04.010 AND 9.04.20.04.020, RELATED TO HOME
OCCUPATION PERMITS; AMENDING SECTION 9.04.20.06.030,
RBLATED TO TEMPORARY USE PERMITS; AMENDING SECTION
9.04.20.20.080, RELATED TO POSTING OF PROPERTY
SUBSEQUENT TO AN APPLICATION FOR A DISCRETIONARY
PERMIT; AMENDING SECTION 9.04.20.24.020, RELATED TO
THE FILING OF APPEALS: AMENDING SECTION 9.04.20.28.020,
RELATED TO APPLICATIONS FOR ADMINISTRATIVE APPROVALS
FOR NEW CONSTRUCTION AND NEW ADDITIONS; AND
AMENDING SECTION 9.08.040, RELATED TO FEES FOR
RESIDENTIAL BUILDING RECORDS
WHEREAS, on June 22, 1993, the city council adopted
Ordinance Number 1687 (CCS) adopting commercial development
standards, which among other provisions, modified commercial
development standards in the C4 District to require a conditional
use permit for new or expanded automobile dealerships in that
District; and
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WHEREAS, it is desirable to permit minor expansion of
automobile dealerships without requiring the cost and delays
associated with obtaining a conditional use permit; and
WHEREAS, current zoning standards prohibit property
owners from erecting a fence, wall or hedge in excess of six feet
but less than eight feet in height in required side or rear yards
without first obtaining the written consent of all owners and
residents living on the parcel adjacent to the wall; and
WHEREAS, the requirement of a property owner obtaining
the written consent of all owners and residents living on the
parcel adjacent to a proposed wall in excess of six feet and equal
to or less than eight feet in height is overly burdensome; and
WHEREAS, fences, walls, and hedges of up to eight feet in
height are suitable in required rear and side yards; and
WHEREAS, the City Council finds that schools have special
security needs to provide for the safety of children and require
the option to erect chain link fences in front yards of up to eight
feet in height where a fence of that height does not interfere with
line of sight at intersections; and
WHEREAS, the measurement of fence heights from the lowest
side of a fence, as currently required by the zoning ordinance,
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instead of from the existing grade, creates difficulties in
situations where the grade changes due to an existing retaining
wall or other significant change in elevation or grade; and
WHEREAS, the current economic recession has resulted in
an increase in com~ercial vacancies of extended duration, and the
current zoning ordinance provisions which specify that a legal non-
conforming use is abandoned after only six months have created a
hardship for commercial landlords who have been unable to lease
their vacant commercial properties; and
WHEREAS, home occupations are currently not regulated in
non-residential districts or mixed-use districts, despite the
existence of residential units in those districts, thereby creating
the potential for home occupations which may be incompatible with
other residential units in non-residential or mixed-use districts;
and
WHEREAS, the zoning Ordinance is currently ambiguous as
to whether a Temporary Use Permit is required for private social
gatherings in private residences or for events authorized on
publicly owned property, although it is not the intent of the City
to require Temporary Use Perm~ts in such limited c~rcumstances; and
WHEREAS, the early posting of properties that are the
subject of applications for Conditional Use Permits and Development
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Review Permits is crucial to facilitate public notice of said
applications; and
WHEREAS, it is desirable to streamline the filing of
planning appeals to eliminate the filing of a duplicate appeal form
with the Office of the city Clerk, and it is sufficient for public
notification and due process concerns to require the filing of an
appeal solely with the Planning and Zoning Division; and
WHEREAS, requiring an Administrative Approval for minor
additions of 1000 square feet or less and for construction of new
single family residences that are otherwise subject to
discretionary review is cumbersome and does not promote efficient
permit processing; and
WHEREAS, the current fee of ten dollars authorized by the
Zoning Ordinance to review city records and issue residential
building records to property owners is insufficient to reimburse
the city for the cost of staff time to review said records and
issue the reports, and the city council periodically sets or
amends by resolution the fees the City charges for various
services; and
WHEREAS, various provisions of the Zoning ordinance
require updating to reflect the changes in the organl..zational
structure of the Land Use and Transportation Management Department,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section
9.04.08.22.030 is amended to read as follows:
9.04.08.22.030
Uses
subject
to
performance standards permit.
The following uses may be permitted in
the C4 District subject to the approval of a
Performance Standards Permit:
(a) Automobile Rental Agencies.
(b) Expansion of existing automobile
dealerships of up to ten (10) per cent, but
not exceeding an additional 5,000 sq. ft.
(c) Service stations.
(d) Sidewalk cafes.
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SECTION 2. Santa Monica Municipal Code Section
9.04.08.22.040 is amended to read as follows:
9.04.08.22.040 Conditionally permitted
uses.
The following uses may be permitted in
the C4 District subject to the approval of a
conditional Use Permit:
(a) Auditoriums.
(b) Automobile dealerships or expansion
of existing automobile dealerships of more
than 25 per cent.
(c) Automobile parking lots and
structures.
(d) Automobile repa1r fac11ities.
( e) Billiard parlors.
(f) Clubs and lodges.
(g) Drive-in, drive-through, take-out,
and fast food restaurants.
(h) Exercise facilities.
(i) Homeless shelters with fifty-five
beds or more.
(j) Hotels and motels.
(k) Liquor stores.
(1) Nightclubs.
(m) Restaurants over fifty seats.
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(n) Self-service storage warehouses.
SECTION 3. Santa Monica Municipal Code Section
9.04.10.02.080 is amended to read as follows:
9.04.10.02.080 Fence, wall, hedge,
flagpole.
Any fence, wall, hedge, or flagpole shall
comply with the following standards:
(a)
(1) Fences, walls, or hedges shall not
exceed eight feet in height when located in a
required side yard or rear yard.
(2) Fences, walls or hedges located in a
required street side yard shall not exceed 36
inches in height at a point within five feet
of an intersection of the street side property
line and any driveway or alley.
(b)
(1) Fences, walls or hedges shall not
exceed 42 inches in height when located in a
required front yard, except that on corner
parcels within five feet of an intersection,
the fence, wall or hedge height shall not
exceed 36 inches in height.
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(2) A front yard chain link fence for a
school may be up to eight feet in height, but
shall not exceed 36 inches in height within
five feet of an intersection.
(c) Fence, wall or hedge height shall be
measured from the existing grade. In all
cases, the fence, wall or hedge shall be
measured in a continuum at each point along
the fence, wall or hedge.
(d) Freestanding flagpoles may not
exceed the height restrictions of the district
in which they are located.
SECTION 4. Santa Monica Municipal Code Section
9.04.18.030 is amended to read as follows:
9.04.18.030 Leqal, nonconforming uses.
A legal nonconforming use is one which
lawfully existed on the effective date of this
Chapter, but which is not now permitted or
conditionally permitted in the district in
which it is located. A legal, nonconforming
use shall comply with the following
provisions:
(a) chanqe of ownership. A change of
ownership, tenancy, or management of a
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nonconforming use shall not affect its status
as a legal, nonconforming use.
(b) Abandonment. I f a legal,
nonconforming use ceases operation for a
continuous period of one year or more, that
use shall lose its legal, nonconforming
status, and the premises on which the
nonconforming use took place shall from then
on be used for conforming uses only. Uses in a
building undergoing restoration or
reconstruction shall be exempt from this
requirement provided the provisions of Section
9.04.18.020(e) are complied with. Uses
discontinued due to an act of nature shall be
exempt from this requirement provided
reconstruction of the building is commenced
within one year of the date the damage occurs
and is diligently completed.
(d) Conversion to conforming Use. If a
nonconforming use is converted to a conforming
use, the nonconforming use may not be resumed.
(e) Expansion of Nonconforming Use. A
nonconforming use of a building or portion of
a building that conforms to the development
standards of this Chapter shall neither be
expanded into any other portion of the
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building nor changed except to a conforming
use. The nonconforming use of land shall not
be expanded or extended in area.
(f) Intensification of Uses. A
nonconforming use shall not be permitted to
change in mode or character of operation. A
change in mode or character shall include, but
not be 1 imi ted to, extended hours of
operation, substantial remodeling, or a change
in the number of seats or the service area
floor space for bars and restaurants.
SECTION 5. Santa Monica Municipal Code Section
9.04.20.04.010 is amended to read as follows:
9.04.20.04.010 purpose.
The Home Occupation Permit is intended to
allow for home enterprises which are clearly
incidental and secondary to the use of the
dwelling unit and compatible with surrounding
residential uses. A Home Occupation Permit
allows for the gainful employment in the home
by any occupant of a dwelling so long as the
enterprise does not require frequent customer
access or have assoc1ated characteristics
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which would reduce the surrounding residents'
enjoyment of their neighborhood.
SECTION 6. Santa Monica Municipal Code section
9.04.20.04.020 is amended to read as follows:
9.04.20.04.020 Permit required.
(a) The conduct of a home occupation
requires the approval of a Home Occupation
Permit by the Zoning Administrator. Conditions
of approval of the permit shall require
compliance with the operating standards listed
in this Part and with any other additional
conditions necessary to further the intent of
this Part. A public hearing shall not be
required for issuance of a Home Occupation
Permit.
(b) An application for a Home Occupation
Permit shall be in a form prescribed by the
Zoning Administrator and shall be filed with
the Planning and Zoning Division pursuant to
Part 9.04.20.20, Sections 9.04.20.20.010
through 9.04.20.20.060. A Home Occupation
Permit shall remain valid only so long as the
home occupation is conducted by the permit
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holder at the dwelling unit approved for the
home occupation.
SECTION 7. Santa Monica Municipal Code Section
9.04.20.06.030 is amended to read as follows:
9.04.20.06.030 Permit required.
(a) A Temporary Use Permit approved by
the Zoning Administrator shall be required for
all uses listed in this Part and shall be
issued prior to the commencement of the use.
The Zoning Administrator may establish
additional conditions to further the intent of
this Part. A public hearing shall not be
required for issuance of a Temporary Use
Permit. Applications for a Temporary Use
Permit shall be secured and filed with the
Planning and Zoning Division pursuant to Part
9.04.20.20, sections 9.04.20.20.010 through
9.04.20.20.060.
(b) A Temporary Use Permit issued for a
maximum period of 45 days shall become
effective on the date the permit is approved
by the Zoning Administrator. Temporary Use
Permits issued for periods that exceed 45 days
shall become effective 7 calendar days from
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the date the Zoning Administrator issues the
determination.
(c) A Temporary Use permit shall not be
required for the following:
(1) Events which occur in theaters,
meeting halls, or other permanent public
assembly facilities.
(2) Private social gatherings in
private residences.
(3) Events which occur on publ ic
property owned by the City of Santa Monica and
which are authorized by the city of Santa
Monica.
(d) Temporary uses may be subject to
additional permits, other City department
approvals 1 licenses, and inspections as
required by any applicable laws or
regulations.
SECTION 8. Santa Monica Municipal Code section
9.04.20.20.080 is amended to read as follows:
9.04.20.20.080 postinq of property.
Within fifteen days after an application
for a conditional use perm1t, development
review permit, or site plan review permit, has
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been filed, the applicant shall post the
property in a manner set forth by the Zoning
Administrator. The application shall not be
considered complete unless the site has been
posted pursuant to this section.
SECTION 9. Santa Monica Municipal Code section
9.04.20.24.020 has been amended to read as follows:
9.04.20.24.020 Filing of appeals.
(a) Appeals shall be addressed to the
appellate body on a form prescribed by the
Zoning Administrator pursuant to Part
9.04.20.20. The appellant shall state the
specific reasons for the appeal.
(b) An appeal of a Zoning Administrator
action shall be filed with the Planning and
Zoning Division within 14 consecutive calendar
days following the date of action from which
an appeal is taken.
(c) An appeal of a Planning commission
decision shall be filed with the Zoning
Administrator within 14 consecutive calendar
days following the date of action for which an
appeal is made.
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(d) Appeals shall be accompanied by the
required filing fee.
SECTION 10. Santa Monica Municipal Code Section
9.04.20.28.020 is amended to read as follows:
9.04.20.28.020 Permit required.
An Administrative Approval, approved by
the Zoning Administrator, shall be required
for all new construction and new additions to
existing buildings of more than 1000 square
feet of floor area located in residential and
non-residential zoning districts, not
otherwise subject to discretionary review and
shall be issued prior to issuance of any
Building Permit for the development except
that new single family homes or additions
thereto in any zoning district shall not be
subject to this requirement if such
development is not otherwise subject to
discretionary approval. A public hearing shall
not be required for issuance of an
Administrative Approval. An application for an
Administrative Approval shall be in a form
prescribed by the Zoning Administrator and
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shall be filed with the Planning and Zoning
Division pursuant to Part 9.04.20.20.
The zoning Administrator shall issue an
Administrative Approval if the proposed
development conforms precisely to the
development standards for the area and does
not require discretionary review or approval
as outlined in this Chapter. The Zoning
Administrator shall deny the Administrative
Approval only if the development is not in
compliance with the development standards for
the area as outlined in this Chapter.
The zoning Administrator shall within 60
days of deeming the application complete,
prepare a written decision which shall contain
the findings of fact upon which such decision
is based. A copy of the decision shall be
mailed to the applicant at the address shown
on the application within 10 days after the
decision is rendered.
SECTION 11. Santa Monica Municipal Code section 9.08.040
is amended to read as follows:
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9.08.040 Application.
Upon application of the owner or his/her
authorized agent and the payment to the City
of the designated fee the Director of
Planning shall review pertinent City records
and deliver to the applicant a report of
residential building records which shall
contain the following information insofar as
it is available.
a. The street address and legal
description of subject property.
b. The zone class1fication and
authorized use as set forth in this Code.
c. The occupancy as indicated and
established by permits of record.
d. Variances, conditional use permits,
exceptions, and other pertinent legislative
acts of record, and
e. Any special restrictions in use or
development which may apply to the subj ect
property.
SECTION 12. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistenc1es and no further,
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are hereby repealed or modified to that extent necessary to
effectuate the provisions of this Ordinance.
SECTION 13.
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 invalid or unconstitutional without regard to whether any
portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 14.
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:
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City Attorney
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Adopted and approved this 8th day of March. 1994
/JPk1 /J/t
/ M/Yor
I hereby certIfy that the foregomg Ordmance No. 1732 (CCS) was du1y and regularly
adopted at a meetmg of the City CouncIl on the 8th day of March. 1994; by the followmg
Council vote'
Ayes
CouncIlmembers:
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstem,
Vazquez
Noes CouncIlmembers
Abstam: CouncIlmembers. None
Absent CouncIlmembers None
ATTEST.
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CIty Clerk