SR-400-002 (29)
CA RLK:SIS:lcb"'-27
CounCll Mtg: 2~-78
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Santa Monlca, Cal~forn~a
February 17, 1978
TO:
Hayor and Clty Cauncll
FROM: Clty Attorney
fC:
SUB.JECT: R-l Use Ordlnance
FES 2 8 1978
Introductlon
ThlS report transm~ts the attached ordinance
for lntroductlon for second read1ng and adoptlon.
Background
The attached ordlnance embodles the recommendatlons
of the Plannlng Cornmlsslon wlth regard to modlf1catlons
of the R-l use prOV1Slons of the Munlclpal Code. Addltlonally,
ln conformance wlth the dlrectlon of the Clty Councll at
ltS meetlng of February 14, 1978, the deflnltlon of "faml1y"
has been modlfled to provlde for four rather than SlX
unrelated persons llvlng and cooklng together as one
housekeeplng unlt ln a slngle dwelllng unlt and whose
lncome and resources are avallable to meet the needs of the
faMlly. A copy of each of the prevlous staff reports 15
attached hereto for lnformatlon purposes, along wlth the
recomrnendatlon of the Plannlng COmM1SS10n.
Alternatlve Solutlons
The alternatlves are to lntroduce the attached
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FEB 2 ~ 1978
CA 78-27 2-17-lIt
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ordlnance for second reddLng and adopt the same as submltted,
to modlfy the same, or not to adopt the same.
Recornmendatlon
It lS respectfully recommended that the Cltv
CounC11 lntroduce the attached ordlnance for second readlng
and adopt the same.
Prepared by:
Rlchard L. Knlckerbocker, Clty Attorney
Samuel I. Strelchman, Asslstant Clty Attorney
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Councll Mtg: ~4-78
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Santa Monica, Ca11forn~a
February 9, 1978
TO: Mayor and Clty Councll
FROM: Clty Attorney
SUBJECT: R-l Use Ordlnance
Introductlon
ThlS report transmlts the attached ordlnance for
~ntroductlon for flrst reading and pub11C hearlng.
Background
The attached ord~nance embodles the recornmendatlons
of the Plannlng Comrnlsslon wlth regard to modlflcations of
the R-l use provls1ons of the Munlclpal Code. These are
as follows:
1. Those provls1ons relatlng to the
purpose of the R-l Use Ordlnance WhlCh
are presently lncorporated ln Sectlon
9106A-l have been inserted withlD the
general purpose sectlon of the zonlng
ordlnance, Sectlon 9101.
2. The deflDltloD of students has been
ellffilnated from the zonlng ordlnance.
3. The deflnltlon of famlly has been
modlfled as recommended by the Plannlng
Comrn~SSlon to provlde that a fanlly
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shall be an lndlvldual or two or
more persons who are all related or
a group of not more than SlX unrelated
persons llvlng and cooking together
as one housekeeplng unlt In a sl.ngle
dwelllng unl.t and whose lncome and
resources are avallable to meet the
needs of the famlly. The new deflDltlon
further provldes that housekeeplng unlts
comprlsed of both related and unrelated
persons must contaln not more than
three persons who are related to the
members comprlslng the greatest number
of related persons. The new deflDltlon
of famlly also speclflcally precludes
a boardlng house arrangement, and does
not lnclude household servants in computlng
the number of unrelated persons reslding
In a dwelllng unlt.
4. The attached ordlnance also modlfles
the R-l use so as to provlde for use by
one-famlly dwelllngs occupled by no more
than one family and/or state authorlzed,
certlfled or llcensed famlly care homes
whlch provlde care for four, flve or six
dependent and neglected chlldren or
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mentally d~sordered or otherw~se
handlcapped persons on a twenty-four-
hour-a-day basls subJect to the
lssuance of a use permlt.
5. In conformlty wlth the foregOlng
prOV1Slon, Sectlon 9l46A of the Santa
Monlca Munlclpal Code ~s amended by
the attached ordlnance to provlde for
the ~ssuance of a Use Permlt for such
foster or group homes.
A copy of the preVlOUS staff report 1S attached
hereto for ~nforrnatlon purposes, along wlth the recornrnendat1on
of the Planning CommlSSlon.
Alternatlve Solut~ons
The alternatlves are to lntroduce the attached
ordlnance for flrst readlng and hold a publlC hearlng thereon,
as subm~tted, or to modlfy the same ln conformance wlth the
deSlres of the Clty Councll.
Recommendatlon
It lS respectfully recommended that the Clty
Council introduce the attached ordlnance for flrst readlng
and hold a publlC hearlng thereon.
Prepared by:
Rlchard L. Kn~ckerbocker, Clty Attorney
Samuel I. Strelchrnan, Asslstant Clty Attorney
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ORDINANCE NO. 1079(CC5)
(Clty CaUDcll Serles)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MO~ICA A~lliNDING
CERTAIN SECTIONS OF THE PLANNING AND
ZONING CODE, ARTICLE IX, OF THE
SANTA MONICA MUNICIPAL CODE, PERTAINING
TO USES IN THE R-l ZONE.
TUE CITY COUNCIL OF THE CITY OF SANTA 1'10NICA DOES
ORDAIN AS FOLLOWS:
SECTION 1.
Sectlon 9101 of the Santa Monlca
MunlClpal Code 15 hereby amended to read as follows:
Section 9101. PURPOSE. The purpose of
this chapter 1S to promote the publlC
health, safety and general welfare by
providlng such regulatlons as are deemed
necessary to encourage the most approprlate
use of land; to conserve and stabllize
the value of property; to provlde adequate
open spaces for llght and alr; and to
prevent and fight flreSj to prevent
undue concentration of populatlon; to
lessen congestion on streetsj to
faCl1itate adequate provls1ons for
communlty utllltles and facllltles such
as transportatlon, water, sewage,
schools, parks and other publlC requlreffientSj
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CA 2-8-7B
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and for sald purposes to deslgnate,
regulate and restrlct location and use
of buildlngs, structures, and land for
resldents, co~erce, trade, lndustry
or other purposes; to regulate and
limit the denslty of population by
divlding the Clty lnto dlstrlcts of
such number, shape and area as may be
deemed best sUlted to carry out these
regulations and to provide for thelr
enforcement; and to provlde 1n our
Clty'S R-l areas a quiet place where
yards are wlde, people few and motor
vehlcles restrlcted; to layout in our
R-l zone a place where family values,
youth values, and the blesslngs of qUlet
secluslon and clean alr make the area
a sanctuary for people; to ellffilnate in
the R-l zone boardlng houses, fratern1ty
houses, and the like; to keep R-l areas
free of dlsturblng noises, exceSSlve
traffic, the hazard of waving and parked
automobiles, and prevent our communlty's
children from the deprivation of the
prlvilege of qUlet and open spaces for
play; to prevent burdens on our publlC
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faCll1tles, includlng sewers, water,
electrlclty and schools, by an influx
and lncrease of people to a degree
larger than the Clty'S geographlc
11mlts, tax base, or financlal capabllltles
permltted reasonably and responsibly to
accornodate; to malntaln the cholce wlthin
the community of varYlng uses so that
people who deslre to purchase property
ln a slngle family resldential area wlll
be afforded protectlon from deleterious
envlronmental effects WhlCh are often
felt 1D more densely populated areas;
to preclude and prevent nOlse pollutlon,
and other forms of environ~ental pollutlon,
econOIDlC deterioratlon of the communlty
and bllght; and, to act lTI a tlmely manner
via the plannlng process to prevent serious
envlronmental decay and constructlon of the
quallty of life of our co~unity prior to
the tlme that the Clty's R-l areas are
destroyed, economic deterloration is
allowed to occur, criwe allowed to lncrease,
and envlronmental pollution and destruction
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of the quallty of llfe of the communlty
allowed to COW2 about.
SECTION 2. Sectlon 9102 of the Santa Monica
Municlpal Code 1S hereby a~ended to delete the def1nltlon
of students therefrom In ~ts entlrety.
SECTION 3. Beetlon 9102 of the Santa Monlca
Munlclpal Code lS amended to substitute the followlng
deflnition of the term "family" for that heretofor eXlsting:
FAMILY. Famlly as used III thlS chapter
shall mean an indivldual, or two (2)
or more persons all related to one
another or a group of not more than
four (4)unrelated persons Ilvlng and
cooklng together as one housekeeplng
unlt lD a slng1e dwelling unlt and
whose lncome a~d resources are avallable
to meet the needs of the famlly. House-
keeplng unlts comprised of both related
and unrelated persons shall contaln not
more than three (3) persons who are not
related to those members cOMprislng
the greatest number of related persons.
The deflnltion of family shall not
encompass a I1vlng arrangement constlt-
utlng a boardlng house; nor shall a
de~erminatlon regardlng the nUMber of
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unrelated lndlvlcuals re5idlng In
a dwelllng unlt encompass household
servants.
SECTION 4.
Section 9106A-l of the Santa Monica
Municipal Code 15 hereby deleted in lts entlrety.
SECTION 5. Sectlon 9l06A-2 of the Santa Monica
MUDlclpal Code 1S hereby deleted ln its entlrety.
SECTION 6. Section 9106A is hereby added to the
Santa Monlca Munlcipal Code and shall read as follows:
Sectlon 9106A. USES PLRHITTED.
Notwlthstandlng any other provlsion
of law, lt shall be unlawful for any
person to use, lease, sell, occupy,
rent, advertise for, or offer any
property for any occupancy or use
other tDB~ the followlng lD the R-l
one (1) faftlly resldentlal dlstrlct.
1. One-famlly dwelllngs. Not
more than one, one-famlly dwelling
on any lot occupied by no ~ore than:
{a} One famlly; and/or
(b) So long as Sectlon 5116
of the Callfornla Welfare and Instltutions
Code remains in effect, ODe state-
authorlzed, certifled or llcensed
family care home, foster home or group
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,
home WhlCh provides care for four,
f1ve or SlX dependent and neglected
chlldren or mentally dlsordered or
otherWlse handlcapped persons on a
twenty-four-hour-a-day basls, subJect
to the lssuance of a use permlt for
such home granted pursuant to Sectlon
9146 of this chapter; and/or
2. Parks, playgrounds, beaches,
or COTh~Unlty centers, owned and
operated by a governmental agency;
and/or,
3. Schools, churches and librarys,
all subJect to the issuance of a use
per~it pursuant to Section 9146; and/or,
4. Transitlonal resident1al
uses perrnittlng a duplex hav1ng not
more than one (1) dwel11ng UDlt for
each three thousand (3,000) square
feet of lot area on a lot, a slde of
WhlCh abuts on, or lS separated by
an alley from, any multlple residential
dlstrict: and/or,
5. Accessory buildlngs and
uses, lncludlng a private garage,
recreation rOOM, and accessory Ilvlng
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quarters, or any comblnatlon of
such uses, provided that all require~
men~s as to locatlon are complled with
as set forth in Sectlon 9128i provlded
further that accessory livlng quarters
shall not be located on any lot havlng
an area of less than ten thousand
(10,000) square feeti and/or,
6. Notw1thstandlng any other
proV1Slon of thlS section, no use
shall be permltted whereln the user
has purposefully entered into a scheme,
course of conduct, consplracy, agreement,
or legal maneuver to avold the purposes
set forth 1n thlS ordinance or to
avold the requirements and restrict10ns
of the "R-l" single famlly residential
zone.
SECTION 7.
f
Municlpal Code is hereby amended to add subsect10n 9 thereto
Sectlon 9146A of the Santa Monlca
which shall read as follows:
9. In the R-l Dlstrict Permlt a
state authorized, certifled or llcensed
family care home, foster home or group
home WhlCh provldes care for four,
five or SlX dependent and neglected
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chlldren or nentally dlsordered or
otherwlse handicapped persons on a
twenty-four-hour-a-day basls.
SECTION 8.
Any provls~ons of the Santa Monlca
MunlClpal Code, or appendlces thereto inconSlstent herewlth,
to the extent of such lnconslstencies and no further, are
hereby repealed or Modifled to that extent necessary to
effect the provlslons of thls ordlnance.
SECTION 9.
If any sect~on, subsectlon, sentence,
clause or phrase of thlS ordlnance lS for any reason held to
be lnvalld or unconstitutlonal by a declslon of any court of
competent jurlsdictlon, such declslon shall not affect the
Vall?lty of the remalnlng portions of the ordlnance. The
Clty Council hereby declares that lt would have passed thlS
orldnance ane each and every sectlon, subsectlon, sentence,
clause or phrase not declared lllvalld or unconstltutional
wlthout regard to whether any portlon of the ordinance would
be subsequently declared lDvalid or unconstltutlonal.
SECTION 10. The Mayor shall sign and the Clty
Clerk shall attest to the passage of this ordlnance. The
Clty Clerk shall cause the Sru~e to be publlshed once in
the offlclal newspaper wlthin fifteen (15) days after its
adoption. The ordlnance shall become effectlve after thIrty
(30) days from ltS adoption.
ADOPTED and APPROVED thlS 28th day of February ~
1978.
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HAY OR
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ATTEST:
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/C~TY Ct'ERK 'j \,
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STATE OF.CALIFORNIA
COUNTY'OF LOS, A~IGELES
CITY OF SANTA MONICA
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SSe
I do hereby certify that the foregoing ordinance was
duly and regularly introduced at a meetlng of the Clty Councll
on the 14th day of February , 1978; that thereafter the
sald ordlnance was duly adopted at a meetlng of the C1ty
Counell on the 2Sth day of February
, 1978; by the
followlng vote of the Councll:
AYES:
Councilmernber: Bambrlck, Cohen,
Scott, Mayor
Swink
NOES:
Councilmember: Reed, Trives, van
den Steenhoven
ABSENT:
Councllme~beri" None
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-:r-;f '{tITY C~ERK ; , ,
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L/I1'Y ATTORNEY ( ~
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