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SR-6A (11) ~tf;q17 (P-A Wft1JA'7r ~ f\atty\mum\strpts\bar\rvcflxO 2d {(?r~jv;y. 6..q-qr) JUN 1 s199f City Council Meeting 6-16-98 0 Santa Momca, California TO Mayor and CIty CouncIl FROM City Attorney SUBJECT Ordinance Amending Section 9 04 08 12020 of the Santa Monica Municipal Code To Correct The Omission of Outdoor Public Utilities INTRODUCTION At ItS meeting on June 9, 1998, the City Council Introduced for first reading an ordinance amending Section 90408 12020 of the Santa MOnica MUnicipal Code to correct the omiSSion of outdoor public utilities and maintenance service yards as permitted uses In the residential-vIsitor commercial zoning dlstnct RECOMMENDATION It IS respectfully recommended that the accompanymg ordinance be adopted PREPARED BY Marsha Jones Moutne, CIty Attorney 0-A JUN 1 6 1998 F \ATTY\MUNI\LAWS\BARRy\RVCFIXO 20 City Council Meetmg June 16, 1998 Santa MOnica, Callforma ORDINANCE NO 1917 (CCS) (City Council Senes) A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 9 04 08 12 020 OF ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO CORRECT THE OMISSION OF OUTDOOR PUBLIC UTILITIES AND MAINTENANCE SERVICE YARDS AS PERMITTED USES IN THE RESIDENTIAL-VISITOR COMMERCIAL ZONING DISTRICT WHEREAS, In August, 1988, the City Council adopted Ordinance 1452 (CCS) Implementing the current Comprehensive Land Use and Zomng Ordinance which In Section 9 04 08 12020 lists the permitted uses In the RVe Residential-VIsitor Commercial zOning distriCt, and WHEREAS, on January 25, 1994, the City CounCil adopted Ordinance 1721 (CCS) which amended Section 90408 12020 of the ComprehenSive Land Use and Zomng Ordmance to Include outdoor pubhc utilities and maintenance service yards as permitted uses In the RVC ResIdentIal-VIsitor Commercial zomng district; WHEREAS, on June 28, 1994, the City CounCIl adopted Ordinance 1750 (CeS) whIch amended Section 904 0812020 of the ComprehenSIve Land Use and Zoning Ordinance to Include congregate housmg, semor housmg, senior group housing, single room occupancy housing, transItional housmg and domestic violence shelters as permitted uses In the RVC, but Inadvertently omitted outdoor public utilities and mamtenance service 1 . - yards as permitted uses rn the RVC Residential-VIsItor Commercial zonrng dlstnct, WHEREAS, the City Council held a public heanng on thIs proposed ordmance to correct this Inadvertent omiSSIon on June 9, 1998, and WHEREAS, the City Council finds and declares that the proposed ordinance IS with the goals, obJectives, poliCies, land uses and programs of the City's General Plan, specifically with policy statements contained In the Conservation Element, Including Polley Statements 9, 11, 13, and 15 These poliCies call for City action to reclarm wastewater, Improved sewage treatment, provide adequate storm drainage and runoff systems, encourage maintenance of the recreational aspects of the beach area and to maintain and protect the environmental quality of the beach WHEREAS, the City Council finds and declares that the public health, safety and general welfare requires the adoption of the proposed ordinance In order to provide for the Improvement of the environmental quality of the beach. reclaim storm water for Irrigation and preserve and protect the quahty of the Santa Momca Bay NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS 2 - ~ SECTION 1 Section 9 04 08 12 020 IS amended to read as follows 9 04 08 12 020 Permitted Uses The following uses shall be permitted In the RVC District, If conducted within an enclosed bUilding, except where otherwise permitted (a) Arts and crafts shops (b) Camera shops (c) Congregate housing (d) Convention and conference facIlities (e) Domestic violence shelters (f) Entertainment and cultural uses (g) Gift or souvenir shops (h) Llbranes (I) Manne oriented uses such as aquariums (j) Museums (k) Neighborhood grocery stores (I) Single-family dwellings placed on a permanent foundation (including manufactured housing) (m) MultI-family dwellings (n) NIght Clubs within hotels (0) Retail uses that cater to the VISIting publIC (p) Public parks and playgrounds (q) ReSidential uses eXisting at the time of adoption of thiS Chapter (r) Restaurants 3 - (s) Schools (t) Senior housing (u) Senior group housing (v) Single room occupancy housing (w) Skatmg rinks. (x) Snack shops (Y) SWim and health clubs (z) TransItIonal housmg (aa) Outdoor public utilities and mamtenance service yards (bb) The following uses If conducted on the Santa MOnica Pier or along The Promenade (1) Amusement and game arcades (2) Bait shops and fishing supplies (3) ExhibitIons and games. (4) Fish markets (5) Manne service stations and boat landings on the Pier only_ (6) Night clubs. (7) Sport fishIng. (cc) Accessory uses which are determined by the ZOning Administrator to be necessary and customarily associated with, and are appropnate, Incidental, and subordmate to, the pnnclpal permitted use (dd) Other uses determined by the Zomng Administrator to be similar to those listed above and which are consistent and not more disruptIve or disturbing than permitted uses 4 - - SECTION 3 Any provIsion of the Santa MOnica MUnicipal Code or appendices thereto inconsIstent with the provIsions of this Ordinance, to the extent of such inCOnsistencies and no further, are hereby repealed or modified to that extent necessary to effect the proVIsIons of this Ordinance SECTION 4 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 effect 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 5 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 pubhshed once In the official newspaper Within 15 days after ItS adoption This Ordinance shall become effective 30 days from ItS adoptIon APPROVED AS TO FORM f ~~ I, Ii Marsha Jane' outne City Attorney 5 - ~ ~rf- Robert Holbrook. Mayor State of Cahforma ) County of Los Angeles) 55 City of Santa MOllica ) I. Mana M Stewart. CIty Clerk of the CIty of Santa MOllica. do hereby eertlfy that the foregomg Ordmance No 1917 (CeS) was mtroduced on June 9. 1998 and adopted on June 16. 1998 by the followmg vote Ayes Councll members Ebner. Femstem. Genser. Greenberg. Holbrook. O'Connor. Rosenstem Noes Council members None Abstam CouncIl members None Absent. CouncIl members None AlTEST ~ .... ~ ~~ Mana M Stewart. City erk -