SR-061196-8A
CA:f:atty\muni\strpts\mjm\guncode.2
City council Meeting 6-11-96
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. - IJI1I1J.1 1996
Mon1ca, Ca I~or 1a
Santa
TO: Mayor and City council
FROM: City Attorney
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING AND ADDING VARIOUS SECTIONS OF CHAPTER
3.24 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO
FIREARMS DEALER PERMITS AND GUN SHOWS AND ADDING AND
AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE TO
ESTABLISH A DEFINITION OF AND THE PERMITTED LOCATION FOR
FIREARMS DEALERSHIPS IN THE CITY
INTRODUCTION
At its meeting on May 28, 1996, the City Council introduced for
first reading an ordinance amending and adding various sections of
Chapter 3.24 of the Santa Monica Municipal Code related to firearms
dealer permits and gun shows and adding and amending various
sections of the Zoning Ordinance to establish a definition of and
the permitted location for firearms dealerships in the City. The
ordinance is now presented to the City Council for adoption.
RECOMMENDATION
It 15 respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY:
Marsha Jones Moutrie, city Attorney
Mary H. Strobel, Deputy city Attorney
JUN , 1 1996
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f:\atty\muni\laws\mhs\guncode.3
city council Meeting 6-11-96
Santa Monica, California
ORDINANCE NUMBER 1852
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING AND ADDING VARIOUS SECTIONS OF
CHAPTER 3.24 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO
FIREARMS DEALER PERMITS AND GUN SHOWS AND ADDING AND AMENDING
VARIOUS SECTIONS OF THE ZONING ORDINANCE TO ESTABLISH A
DEFINITION OF AND THE PERMITTED LOCATION FOR FIREARMS
DEALERSHIPS IN THE CITY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION l. Findings and Purpose. The City Council finds and
declares:
(a) California Penal Code Section 12071 provides that
municipali ties may exercise discretion to grant or deny
applications for permits to sell firearms, and recognizes the
applicability of local laws and regulations affecting gun dealers.
Neither the State of California nor the federal government has
sufficiently addressed the problems resulting from the increased
availability and use of firearms in urban areas such as the City of
Santa Monica.
(b) The purpose of this Ordinance is to provide for the
appropriate location of firearms sales activity and to regulate
such activity through the police permit process.
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(c) The number of deaths and injuries attributable to
firearms is unacceptable and warrants stricter control over the
availability of firearms within the City. The 1995 homicide rate
far the city of Santa Monica was higher than the rate for 1994 and
firearms were used in fifty percent of the homicides in the City of
Santa Monica during both 1994 and 1995. In addition, firearms were
used in 66% of the robberies which occurred in the City in 1995,
and in at least 27 aggravated assaults in the city in 1995.
(d) Inadequately secured firearms can be stolen and used in
serious criminal activities. Residential buildings are usually
not as secure as buildings located on commercial or industrial
sites.
(e) Because of the range and effectiveness of firearms, the
use of firearms in violent crimes is more likely to lead to the
death or injury of bystanders. The accidental discharge of a
firearm can lead to serious injury or death, especially when it
occurs in a residential area.
(f) One objective of the Land Use Element of the General Plan
is to ensure compatibility of adjacent land uses, with particular
concern for protecting residential neighborhoods, by limiting the
number, controlling the location, and otherwise mitigating the
1mpact of commercial uses which might have an adverse impact on
surrounding neighborhoods.
(g) Firearms dealerships are incompatible in or adjacent to
residential areas and in heavily travelled commercial areas.
Firearms dealerships are incompatible with the character of
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residential neighborhoods in which commercial uses, except those
that serve the day to day needs of residents, are generally
prohibited.
(h) Further, firearms dealerships are incompatible with
commercial areas in which alcohol outlets such as bars and
restaurants are located. Alcohol can impair human judgement and
lead to violent confrontations and disputes involving firearms,
regardless of whether the firearms user is properly licensed to own
the weapon.
(i) The visibility of firearms dealerships to the general
public in heavily traveled commercial areas and in areas near
residences is undesirable and creates a type of visual blight.
The appearance of easy availability of gun purchases is a reminder
of the prevalence of firearms-related violence in our society and,
as such, is detrimental to the peace of mind and quality of life
of Santa Monica residents.
(j) The Police Department of the City of Santa Monica has
indicated that permitting the location of future firearms
dealerships in a more concentrated geographic district of the city
will allow for better monitoring of firearms dealership operations.
(k) The Ml Industrial Conservation Zoning District within the
City of Santa Monica provides a location for land uses which are
the least compatible with residential and other commercial land
uses. The M1 has fewer residences, businesses, schools and
churches than other zoning districts in the City.
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(l) The M-l Industrial Conservation Zoning District is
characterized Py the predominance of industrial land uses, and has
less pedestrian and vehicular traffic.
(m) Allowing gun dealerships in the M1 and not in other
commercial districts within the City will concentrate the
geographic locations at which guns may be purchased, thereby
providing for easier pOlice oversight as well as reducing the
appearance of easy availability of gun purchases within the City.
(n) Interim Ordinances Nos. 1745, 1763, and 1831 allowed gun
dealerships to locate in the general commercial districts but
prohibited such uses in residential districts or within 1500 feet
of any other similar use, any day care facility, or any elementary,
middle, junior or high school. However, because of the dense
nature of the City, and the number of day care facilities, this
restriction resulted in there being only three locations in the
ci ty at which such use would be permitted. All three of the
locations are in areas which are heavily traveled by pedestrians,
including families, and are thus inappropriate locations for a gun
dealership. Additionally, the location of day care facilities
change. For that reason, allowing gun dealerships in the M1, and
not general commercial districts, brings more certainty to both the
city and prospective gun dealerships regarding where such uses may
be located, and, in general, provides for greater compatibility of
uses.
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(0) For the reasons stated above, the sale of guns at gun
shows or events is also incompatible with residential and
commercial areas, and should be allowable only in the Ml.
SECTION 2. Santa Monica Municipal Code Section 3.24.020 is
amended to read as follows:
3.24.020 Pirearms Dealer Permit Required for Sale
of Guns or Munitions.
Any person who operates or manages, or who proposes
to operate or manage, any business which sells,
transfers, leases, offers, or advertises for sale,
transfer or lease any firearm, shall obtain a firearms
dealer permit from the Chief of POlice, in addition to
any other permits or licenses required by law prior to
operating or managing the business.
The Director of Finance shall not issue a business
license to any person who operates or manages, or who
proposes to operate or manage, any business which sells,
transfers, leases, offers or advertises for sale,
transfer, or lease any firearm, unless the person obtains
all necessary permits or other licenses required by
federal, state and City law, including a Firearms Dealer
Permit issued by the Chief of Police.
For purposes of this section, llfirearm" shall have
the same meaning as it does for purposes of section 12071
of the California Penal Code. This Section shall not
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apply to those activities specifically exempted by
California Penal Code Section 12070(b).
SECTION 3. Santa Monica Municipal Code Section 3.24.030 is
amended to read as follows:
3.24.030 Firearms Dealer Permit Application
Process.
(a) Manner of Aoplication and Fees. An application
for a firearms dealer permit shall be filed with the
Chief of Police under penalty of perjury on a form to be
specified by the city. The application shall be
accompanied by the fees established by resolution of the
City Council. The application shall contain:
(1) All relevant information to demonstrate
the applicant's compliance with this Chapter, including
a floor plan of the proposed business which illustrates
the applicant's compliance with the security provisions
of subsection (a) (7) of Section 3.24.021.
(2) A certification by the City Planning and
Community Development Department that the applicant' s
business will not be located in a zoning district in
which the operation of a firearms business is prohibited,
and that the applicant has secured a conditional use
permit if required by Chapter 9 of the Municipal Code.
(3) Proof of compliance with all applicable
federal, state, and local law.
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(4) All other information requested, or the
application will not be deemed complete.
(b) ci tv's Riqht to Investig'"a te Any Relevant Facts.
The Chief of Police may cause to be conducted an
investigation to determine whether the application for a
firearms dealer permit meets all the requirements of
federal, state, and local law, and may require any and
all additional information from an applicant that is
deemed necessary to complete the investigation.
(e) Grounds for Denial of ADDlication. The Chief
of Police shall give the applicant a written notice of
his or her decision to grant or to deny the application
for a firearms dealer permit. The notice shall set forth
the ground or grounds for the Chief of Police's decision.
The Chief of Police shall deny the issuance of a permit
when any of the following conditions are met:
(1) The applicant, or any officer, employee,
or agent thereof who will have access and control over
firearms, is under twenty-one (21) years of age.
(2) The applicant is not licensed as required
by all applicable federal, state, and local laws.
(3) The applicant, or any officer, employee,
or agent thereof who will have access and control over
firearms, has had a permit previously revoked or denied
for good cause within the immediately preceding two (2)
years for failure to operate its business in compliance
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with the requirements of federal, state or local law,
including any conditions imposed by such laws.
(4) The applicant, or any officer, employee,
or agent thereof who will have access and control over
firearms, has made a false or misleading statement of a
material fact or an omission of a material fact in the
application for a permit.
(5) The applicant, or any officer, employee,
or agent thereof who will have access and control over
firearms, has been convicted of the following:
A. Any offense which disqualifies the
person convicted from owning or possessing a firearm
under applicable federal, state, and local laws.
B. Any offense related to the
manufacture, sale, possession, or registration of any
firearm or dangerous or deadly weapon.
C. Any offense involving the use of
violence upon the person of another.
D. Any offense involving theft, fraud,
dishonesty, or deceit.
E. Any offense involving the
manufacture, sale, possession, or use of any controlled
substance as defined by California Health and Safety Code
section 11007, as said definition now reads or may
hereafter be amended to read.
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(6) The applicant is within the classes of
persons defined in California Welfare and Institutions
Code section 8100 or 8103.
(7) The operation of the business as proposed
will not comply with all applicable federal, state, and
local laws.
(8) The applicant, or any officer, employee,
or agent thereof, proposes to operate the business in a
location where such use is prohibited, or has not
obtained other necessary City permits.
(9) The applicant, or any officer, employee,
or agent thereof, is not the owner of record of the real
property at which the business is to be conducted, nor
has a lease, license, or other entitlement or possessory
interest to operate such business at such location.
(10) Any other grounds for denial that exist
as specified in the Santa Monica Municipal Code.
SECTION 4. Sections 3.24.031 through 3.24.037 are hereby
added to the Santa Monica Municipal Code to read as follows:
3.24.031. Firearms Dealer Permit- Conditions.
Any firearms dealer permit issued pursuant to this
Chapter shall be subject to all of the following
conditions:
(a) The Permittee shall comply with all federal
and state laws concerning the operation of the permitted
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business including, but not limited to, California Penal
Code Sections 12071(b) (3)-(14), 12072, 12073, 12074,
12076, 12077, and 12082. To the extent the provisions of
this Chapter impose more stringent requirements than
those contained in state or federal law, these local
provisions shall prevail.
(b) The business shall be carried on only in the
building located at the street address shown on the City
of Santa Monica permit.
(c) The Permittee shall keep complete and current
records of all firearms transactions. In addition to the
requirements of california Penal Code Sections 12073,
12076, and 12077, Permittee must also keep a complete
current inventory of all firearms in stock. This
inventory shall include an entry for each weapon, with
the classification, serial numbers, and any other
information that is required by the Chief of Police for
the tracking of the chain of ownership of the firearm.
(d) The Permittee shall maintain records of
ammunition sales in compliance with the provisions of
Chapter 3.25 of this Code.
(e) The premises at which the business is to be
operated shall contain all security measures reasonably
required by the Chief of POlice, which shall include, but
not be limited to:
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(1) The provision of secure locks, windows,
and doors, adequate lighting, and such fire and theft
alarms as specified by the Chief of Police.
(2) The storing of all firearms and munitions
on the premises out of reach of customers in secure,
locked facilities, so that access to firearms and
munitions shall be controlled by the dealer, or employees
of the dealer entrusted to handle firearms, to the
exclusion of all others.
(f) Permittee shall cause to be obtained, and keep
in full force and effect a policy of insurance in such
form as the City deems proper, executed by an insurance
company approved by the City whereby the Permittee is
insured against liability for damage to property and for
injury to or death of any person as a result of the sale,
transfer, or lease, or offering or exposing for sale,
transfer, or lease, of any firearm. The minimum
liability limits shall not be less than One Million
Dollars ($l,OOO,OOO.OO) for damage to or destruction of
property in anyone incident, and One Million Dollars
($1,000,000.00) for the death or injury to anyone
person. Such policy of insurance shall contain an
endorsement providing that the policy will not be
canceled until notice in writing has been given to the
City, addressed in care of the Risk Manager, 1717 4th
street, Santa Monica, California 90401, at least thirty
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(30) days immediately prior to the time such cancellation
becomes effective. Upon expiration of any such policy
and if no additional insurance has been secured prior to
the expiration thereof in the manner provided for the
ini tial securing of a permit under this Chapter, the
permit shall be deemed canceled without further notice or
opportunity to be heard.
(g) The Permittee shall consent to the city's
inspection of the business premises and records in order
for the City to establish continued compliance with the
terms of the permit, and in accordance with section
3.24.036 of this Chapter.
(h) The permit shall not become effective until the
Permittee has obtained all other permits required by
federal, state, or local law including, but not limited
to, a business license and zoning and building permits.
3.24.032 Firearms Dealer Permit- Form and Term.
A firearms dealer permit issued pursuant to this
Chapter shall state on its face "Valid for Retail Sales
of Firearms," and shall expire one (l) year after the
date of issuance or automatically upon revocation or
expiration of Permittee's federal firearms license. A
permit may be renewed by the Chief of Police for
additional periods of one year upon the approval of an
application for renewal by the Chief of Police and
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payment of the renewal fee established by city Council
resolution. A completed application for renewal shall be
submitted to the Chief of Police at least forty-five (45)
days prior to the expiration of the current permit or
else the permit shall expire at the expiration of its
term. If the application is submitted in a timely
manner, the permit to operate shall continue in effect
until the expiration date of the current term, or two
weeks after the Chief of Police mails written notice to
the applicant denying renewal, whichever occurs later.
3.24.033 Firearms Dealer Permit
permit
Assignment.
No person shall assign or in any manner transfer or
attempt to assign or transfer any firearms dealer permit
issued pursuant to this Chapter and any such assignment
or transfer or attempt to assign or transfer a permit
shall constitute grounds to revoke the permit.
3 .24. 034 Firearms Dealer permi t - Grounds for
Revocation and Denial of Renewal.
The Chief of Police may revoke a firearms dealer
permit, or deny an application to renew a permit, in any
of the following circumstances:
(a) Upon breach of any of the permit conditions set
forth in subsection (b) of Section 3.24.032.
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(b) Upon any circumstance constituting a ground for
denial of a permit set forth in Section 3.24.020(c).
(c) Upon transfer or assignment, or attempted
transfer or assignment of the permit as prohibited in
Section 3.24.033.
(d) If the business is being conducted in a
disorderly manner or in violation of any applicable state
or federal law or ordinance of this City or any provision
of this Code.
(e) When the purpose for which the permit has been
issued is being abused to the detriment of the public, or
when the permit is being used for a purpose different
from that for which the permit was issued.
3.24.035 Firearms Dealer permit- Appeals.
Any person aggrieved by any decision to deny or
revoke any firearms dealers permit pursuant to this
Chapter may appeal such decision to a Hearing Examiner in
accordance with Chapter 6.16 of the Santa Monica
Municipal Code.
3.24.036 Firearms Dealer Permit - Authority to
Inspect.
Any and all investigating officials of the City
shall have the right to enter the building designated in
the permit from time to time during regular business
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hours to make reasonable inspections to observe and
enforce compliance with building, mechanical, fire,
electrical, plumbing, and health regulations, as well as
the provisions of this Chapter. A police investigator may
conduct compliance inspections to ensure conformance with
all federal, state, and local laws, and the provisions of
this Chapter.
3.24.037 Violation.
(a) Any person who conducts a business in violation
of sections 3.24.030 through 3.24.036 of this Chapter
shall be guilty of a misdemeanor for each day a violation
occurs. Each violation shall be punishable by up to one
(l) year in jailor a Five Hundred Dollar ($500.00) fine,
or both.
(b) In addition to any other penalty or remedy, the
City Attorney may commence a civil action to seek
enforcement of these provisions.
SECTION 5. section 3.24. 080 is hereby added to the Santa
Monica Municipal Code to read as follows:
3.24.080. Gun Shows. Gun shows or events shall be
prohibited in the city, except for gun shows or events in
the Ml. For purposes of this section, a gun show or
event is any event at which firearms, as def ined in
section 3.24.020, are sold, transferred, leased, or
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offered or advertised for sale, transfer, or lease. Any
such gun show or event in the M1 must obtain all other
approvals or permits required by local, state, or federal
law.
SECTION 6. Section 9.04.02.030.311 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.02.030.3~1. Firearms Dealership. Any business
which sells, transfers, leases, or offers or advertises
for sale, transfer, or lease any firearm or munitions.
SECTION 7. Santa Monica Municipal Code Section 9.04.08.12.050
is amended to read as follows:
9.04.08.12.050 prohibited uses.
{a} Cinemas.
(b) Firearms dealerships.
(c) Rooftop parking on parcels directly abutting, or
separated by an alley from, a residential district.
(d) Any use not specifically authorized.
SECTION 8. Santa Monica Municipal Code section 9.04.08.14.050
is amended to read as follows:
9.04.08.14.050 prohibited uses.
(a) Cinemas.
(b) Firearms dealerships.
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(c) Rooftop parking on parcels directly abutting, or
separated by an alley from, a residential district.
(d) Any use not specifically authorized.
SECTION 9. Santa Monica Municipal Code Section 9.04.08.15.050
is amended to read as follows:
9.04.08.15.050 Prohibited uses.
The following uses are prohibited in the BSC-l, BSC-
2, BSC-3 and BSC-4 portions of the BSC District:
(a) Drive-ins and drive-through restaurants.
(b) Fast food restaurants, except those located in
a fast food court.
(c) Firearms Dealerships.
(d) Game arcades.
(e) Any use not otherwise authorized.
SECTION 10. Santa Monica Municipal
9.04.08.16.050 is amended to read as follows:
9.04.08.1~.050 Prohibited uses.
(a) Cinemas.
(b) Drive-in and drive-through restaurants.
(c) Firearms dealerships.
(d) Parking structures located below the ground in
conjunction with commercial development, except for
parking below grade exclusively for residential uses.
(e) Rooftop parking.
Code
section
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(f) Any use not specifically authorized.
SECTION 11. Santa Monica Municipal Code section 9.04.08.18.050
is amended to read as follows:
9.04.08.~8.050 Prohibited uses.
(a) Drive-in, drive-through and fast-food
restaurants.
(b) Firearms dealerships.
(c) Rooftop parking on parcels directly abutting, or
separated by an alley from, a residential district.
(d) Any use not specifically authorized.
SECTION 12. Santa Monica Municipal Code section
9.04.08.20.050 is amended to read as follows:
9.04.08.20.050 prohibited uses.
(a) Drive-in and drive-through restaurants.
(b) Firearms dealerships.
(c) Rooftop parking on parcels directly abutting I or
separated by an alley from a residential district.
(d) Any use not specifically authorized.
SECTION ~3 . Santa Monica Municipal
9.04.08.22.050 is amended to read as follows:
9.04.08.22.050 Prohibited uses.
(a) Cinemas.
(b) Firearms dealerships.
Code
Section
~8
(c) Rooftop parking on parcels directly abutting, or
separated by an alley from, a residential district.
(d) Any use not specifically authorized.
SECTION 14. Santa Monica Municipal
9.04.08.26.050 is amended to read as follows:
9.04.08.26.050 prohibited Uses.
(a) Cinemas.
(b) F~rearms dealerships.
(c) Rooftop parking on parcels directly abutting, or
separated by an alley from, a residential district.
(d) Any use not specifically authorized.
Code
section
SECTION 15. Santa Monica Municipal Code Section
9.04.08.28.050 is amended to read as follows:
9.04.08.28.050 prohibited uses.
The following are specifically prohibited in the eM
District:
(a) Automobile service facilities.
(b) Bars above the first floor.
(c) cinemas.
(d) Drive-in or drive-through uses.
(e) Firearms dealerships.
(f) Game arcades.
(g) Hotels.
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(h) Liquor stores other than those conditionally
permitted.
(i) Motels.
SECTION 16. santa Monica Municipal
9.04.08.24.050 is amended to read as follows:
9.04.08.24.050 Prohibited uses.
(a) Cinemas.
(b) Firearms dealerships.
(c) Drive-in and drive-through restaurants.
(d) Rooftop parking on parcels directly abutting,
or separated by an alley from, a residential district.
(e) Any use not specifically authorized.
Code
Section
SECTION 17. Santa Monica Municipal
9.04.08.30.050 is amended to read as follows:
9.04.08.30.050 prohibited uses.
(a) Firearms dealerships.
(b) Helicopter landing facilities.
(c) Rooftop parking on parcels directly abutting, or
separated by an alley from a residential district.
(d) Any use not specifically authorized.
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Code
Section
SECTION 18. Santa Monica Municipal Code section
9.04.08.34.010 is amended to read as follows:
9.04.08.34.010 Purpose.
The M1 District is intended to preserve existing
industrial uses and to provide a location for industrial
uses for small businesses which are engaged in the
design, development, manufacturing, fabricating, testing,
servicing, or assembly of manufactured products and to
preserve existing activities, in order to maintain and
enhance employment opportunities for workers with various
skills and for the entry level segment of the Santa
Monica work force. The M1 District is also designed to
accommodate small visual and performing arts studios and
to provide for the continued use of existing trailer
parks and the preservation of existing schools. The M1
District is also intended to accommodate those general
retail uses which do not serve community and neighborhood
needs and are not compatible with other commercial land
uses allowed in commercial zoning districts elsewhere in
the City. Allowable development intensity within this
District is intended to be the lowest in the City among
the commercial and industrial Districts, consistent with
the goals, objectives, and policies of the General Plan.
SECTION 19. Santa Monica Municipal
9.04.08.34.040 is amended to read as follows:
Code
Section
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9.04.08.34.040 Conditionally permitted uses.
The following uses may be penni tted in the Ml
District subject to the approval of a Conditional Use
Permit:
(a) Any use of the transportation right-of-way for
other than transportation purposes.
(b) Automobile repair and automobile painting
facilities abutting any residential district or use.
(c) Automobile washing facilities.
(d) Firearms dealerships.
(e) Homeless shelters with fifty-five beds or more.
(f) Live theaters.
(g) Multi-family dwelling units.
(h) New public or private schools or the expansion
of existing schools.
(i) Outdoor storage of fleet vehicles if such
vehicles are directly related to the primary industrial
or manufacturing operation on the site.
(j) Parking and automobile storage lots and
structures.
(k) Places of worship.
(l) Retail sales of goods manufactured on the
premises; provided, that the floor space devoted to such
use does not exceed ten percent of the gross floor area
of the primary permitted use.
(m) Self-storage or public mini-warehouses.
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(n) senior group housing.
(0) senior housing.
(p) Service stations.
(q) Warehouses.
(r) other uses that are determined by the Zoning
Administrator to be similar to those listed above.
SECTION 20. Santa Monica Municipal Code Section
9.04.08.35.040 is amended to read as follows:
9.04.08.35.040 Prohibited uses.
The following uses shall be prohibited:
(a) Any use involving the manufacture, processing,
or treatment of products, which by nature of the
operation is likely to be obnoxious or offensive, whether
by reason of emission of odor, dust, smoke, noxious
gases, noise, vibration, glare, or heat or by reason of
other impacts or hazards relating to materials, process,
product wastes or by other methods, shall be prohibited
unless mitigation measures are submitted and are
acceptable to the zoning Administrator.
(b) Firearms dealerships.
(c) New general office uses.
(d) Rooftop parking on parcels directly abutting, or
separated by an alley from, a residential district.
(e) Any use not specifically authorized as a
permitted or conditionally permitted use.
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.
SECTION 21. Santa Monica Municipal Code Section
9.04.20.04.040 is amended to read as follows:
9.04.20.04.040 prohibited home occupation uses.
The following uses shall not be permitted as home
occupations:
(a) Animal hospitals or grooming facilities.
(b) Automotive and other vehicle repair (body or
mechanical), upholstery, painting, or storage.
(c) Barber or beauty shop.
(d) Carpentry or cabinet making.
(e) Contractor storage yards.
(f) Dancing schools or exercise studios.
(g} Firearms dealerships.
(h) Junk yards.
(i) Massage parlors.
(j) Medical offices, clinics and laboratories,
except for psychologists, speech therapists, and other
professionals with one-on-one counseling, therapy, or
treatment that do not exceed 6 clients within 24 hours.
(k) Welding or machine operation.
(1) Other uses the Zoning Administrator determines
to be similar to those listed above, or which by
operation or nature are not incidental to or compatible
with residential activities.
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SECTION 22. Santa Monica Municipal Code Section
9.04.20.04.050 is amended to read as follows:
9.04.20.04.050 Revocation.
The Zoning Administrator may, or upon direction from
the Planning Commission shall, revoke any approved Home
occupation Permit in accordance with the following
procedures:
(a) A revocation hearing shall be held by the
Zoning Administrator. Notice of the hearing shall be
published once in a newspaper of general circulation
within the city and shall be served either in person or
by registered mail on the owner of the property and on
the permit holder at least 10 days prior to such hearing.
The notice of hearing shall contain a statement of the
specific reasons for revocation.
(b) After the hearing, a Home Occupation Permit may
be revoked by the Zoning Administrator, or by the
Planning Commission on appeal or review, if anyone of
the following findings are made:
(1) That the Home Occupation Permit was
obtained by misrepresentation or fraud.
(2) That the use for which the Home Occupation
Permit was granted has ceased or has been suspended for
six or more consecutive calendar months.
(3) That the conditions of the permit have not
been met, or the permit granted is being or has recently
25
been exercised contrary to the terms of the approval or
in violation of a specific statute, ordinance, law or
regulation.
(4) That the permit authorizes a person to
sell, transfer, or lease, or offer or advertise for sale,
transfer, or lease any firearm in any residential
district or in any property utilized for any residential
use.
(5) That the permit is no longer compatible
with residential activities, or, due to changes in law,
that the use is no longer authorized at that location.
(c) A written determination of revocation of a Home
Occupation Permit shall be mailed to the property owner
and the permit holder within 10 days of such
determination.
SECTION 23. section 3.24.085 is hereby added to the Santa
Monica Municipal Code to read as follows:
3.24.085. Existing Firearms Dealerships.
Firearms Dealers existing on the effective date of
this Section who obtained a Firearms Dealer Permit
pursuant to Ordinance No. 1763 (CCS) or Ordinance No.
1831 (CCS) on or before January 1, 1995, shall not be
required to obtain a conditional use permit, but shall
comply with all other provisions of this Code. If such
existing dealers are located other than in the M1
26
Industrial Conservation District, such uses shall be
considered legal nonconforming uses. If an existing
Firearms Dealership increases its firearms or munitions
display area over that which it maintained on the
effective date of this Section, the Firearms Dealership
shall no longer be considered a legal non-conforming use.
Such Firearms Dealerships shall forthwith comply with all
requirements of this Code. Any Firearms Dealership
existing as of the effective date of this section who did
not obtain a Firearms dealer permit by January 1, 1995,
is in violation of law.
SECTION 24. Any provision of the Santa Monica Municipal Code
or appendices thereto, including Ordinance Number 1831 (CCS),
inconsistent with the provisions of this Ordinance, to the extent
of such inconsistencies and no further, is hereby repealed or
modified to that extent necessary to effect the provisions of this
Ordinance.
SECTION 25. 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 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
27
~
invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 26. 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 off icial newspaper
within 15 days after its adoption.
This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
~
MARSHA JO MOUTRIE
city Attorney
28
t
,U~
Mayor
State of CalIfornia )
County of Los Angeles) 5S
City of Santa MOllica )
L Mana M Stewart, City Clerk of the CIty of Santa MOllica, do hereby certIfy that the foregomg
Ordmance No 1852 (CCS) had Its first readmg on May 28. 1996 and had Its second readmg on
June 11. 1996 and was passed by the follo\vmg vote
Ayes
CounCIl members
Abdo. Genser. Greenberg, Holbrook, O'Connor, Rosenstem
Noes
Council members
None
Abstam
CounCIl members
None
Absent
Councll members
Ebner
~TTEST (
~n.~~
CIty Cterk