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ORDINANCE NO. 926
(CITY COUNCIL SERIES)
AN ORDINANCE OF THE C Iry COUNC IL OF THE CITY
OF SANTA MONICA ADDING CERTAIN DEFINITIONS TO
SECTION 9102, CHAPTER 1, ARTICLE IX OF THE
SANTA MONICA MUNICIPAL CODE RELATING TO ZONING;
ADDING SECTION 9122 TO CHAPTER 1 OF ARTICLE IX
OF THE SANTA MONICA MUNICIPAL CODE; ADDING SEC-
TION 9123 TO CHAPTER 1 OF ARTICLE IX OF THE
SANTA MONICA MUNICIPAL CODE; AND DECLARING THE
PKESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDA IN AS FOLLOWS:
SECTION 1. The presently existing Section 9102 of Chapter 1.
Article IX of the Santa Monica Municipal Code is repealed in its entirety.
SECTION 2. A new section 9102 is hereby added to Chapter 1,
Article IX of the Santa Monica Municipal Code to read as follows:
SECTION 9102. Definitions and Standards. For
the purpose of this Chapter, certain words and phrases
are defined and certain provisions shall be construed as
herein set forth unless it is apparent from the context
that a different meaning is intended.
Accessory Buildin~ is a detached subordinate
building located on the same lot, the use of which is
incidental to that of the main building, or to the use
of the land.
Accessory Livin~ quarters are living quarters
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within an accessory building for the sole use of persons
employed on the premises or for use by guests of the occu-
pants of the premises; such quarters having no kitchen facil-
ities and not rented or otherwise used as a separate dwelling.
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Administrator is the Zoning Administrator of
the City.
Apartment Hotel is a building designed for or
containing both individual guest rooms or suites of rooms
and dwelling units.
Apartment House is the same as "Dwelling,
Multiple."
Basement is one or more stories wholly or
partly underground. A basement shall be counted as a
story for purposes of height measurement if over three (3)
feet of its height is above the average of the adjoin-
ing ground, or in any event if said basement is used for
off-street parking of vehicles and the floor thereof is
less than two (2) feet below the level of the curb most
adjacent thereto, then said garage shall be counted as a
story.
~oard and Care Facility is any facility which
provides residential care, social and personal services to
two (2) or more socially dependent persons. Socially de-
pendent persons as used here are those persons who are not
fully capable of providing for their own needs because of
social, mental, economic and/or physical disability and
are dependent upon the competence and training of another
to assure their proper care. Socially dependent persons
shall include, but not be limited to, persons in the
Community Care Program of the Veterans' Administration and
the Out-Of-Home Care Program of the State Department of
Social Welfare.
Boarding House is a building with only one kitchen
in which there are not more than five guest rooms \vhere lodg-
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ing with or without meals is provided for compensation,
there being not more than one (1) such building per lot.
Building is a structure having a roof supported
by a column or walls. Building includes structure.
Building Height is the vertical distance measured
from the average level of the highest and lowest point of
that portion of the lot covered by the building to a point
mid-way between the highest and lowest point of the roof.
Building Site is a combination of lots held in
common ownership as provided in Section 9134.
Commission is the Planning Commission of the City.
Community Apartment is a development in which an
undivided interest in the land is coupled with the right
of exclusive occupancy of any apartment located thereon.
For all purposes of the Santa Monica Municipal Code, com-
munity apartments will be subject to the same restrictions,
conditions, and taxes as condominiums.
Condominium is an estate in real property consisting
of an undivided interest in common in a portion of a parcel
of real property together with a separate interest in space
in a residential, industrial or commercial building on such
real property such as an apartment, office or store. A con-
dominium may include, in addition, a separate interest in
other portions of real property. Such separate interest
may, with respect to the duration of its enjoyment, be either
(1) an estate of inheritance or perpetual estate, (2) an
estate for life, (3) an estate for years, such as a lease-
hold or subleasehold, or (4) a right of use. Condominium
shall include townhouses.
Condominium Conversion is the development of land
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and attached structures as a condominium project, re-
gardless of the present or prior use of such land and
structures, and regardless of whether substantial improve-
ments have been made to such structures.
Copdominium Project is the entire parcel of
real property, including all structures thereon, subdivided
or to be subdivided for the purpose of constructing or con-
verting existing structures to condominium units.
Dw~lling is a building or portion thereof de-
signed and used exclusively for residential occupancy, in-
cluding one-family and multiple dwellings, but not includ-
ing hotels and boarding houses.
pw~llin~ Unit is two (2) or more rooms in a
dwelling or apartment hotel designed and used for occupancy
by one (1) family for living or sleeping purposes and having
only one (1) kitchen.
Dwelling 1 One-Family is a building designed and
used exclusively for occupancy by one (1) family and which
building contains only one (1) kitchen.
Dwe1ling~ Multiple is a building or portion thereof
designed and used for occupancy by two (2) or more families
living independently of each other, Which building or portion
thereof shall contain one (1) kitchen for each family unit
therein.
F~i1y is an individual, or two (2) or more persons
related by blood or marriage, or a group of not more than
six (6) persons (excluding servants) not related by blood
or marriage, living together as a single housekeeping unit
in a dwelling unit.
~a!age1 Private is an accessory building or portion
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of a main building for the parking or temporary storage
of automobiles of the occupants of the premises.
Garage Space is a permanently maintained space
in a private garage in accordance with the standards set
forth in Section 9l29F of this code.
Garage 1 Subterranean is a structure wholly or
partly underground, no portio..... of which is more than
three(3) feet above the average level of the adjoining
ground, except for openings for ingress and egress.
Hotel is a building in which there are six (6)
or more guest rooms where lodging with or without meals
is provided for compensation and where no provision is
made for cooking in any individual room or suite, and,
when located in a commercial district intended for transient
clientele with a residency of less than thirty (30) days
duration.
Loadin~ Space is an off-street space or berth
on the same lot with a building for the temporary parking
of a commercial vehicle while loading or unloading mer-
chandise or materials.
Lot is a parcel of property having a separate
number or letter on a subdivision tract map recorded with
the County Recorder of Los Angeles County, or a parcel of
property abutting at least one public street or alley and
held under separate ownership prior to August 17, 1929, the
effective date of Ordinance No. 439 (Commissioners' Series)
of the City of Santa Monica.
Lot Line, Front is the line separating the lot
from the street; and in the case of a carner lot, a line
separating the narrowest street frontage of the lot from
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the street.
Lot Line, Rear is the lot line which is opposite
and most distant from the front lot line and, in the case
of an irregular, triangular or gore-shaped lot, a line ten
(10) feet in length within the lot, parallel to and at the
maximum distance from the front lot line.
Lot Line, Side is any lot line not a front line
or a rear lot line.
Lot Width is the horizontal distance between the
side lot lines, measured at right angles to the lot depth
at a point midway between the front and rear lot lines.
~ot Depth is the horizontal distance between the
front and rear lot lines, measured in the mean direction
of the side lot lines.
Lot Area is tbe total horizontal area within the
lot lines of a lot.
Lot, Corner is a lot abutting upon two or more
streets at their intersection or junction.
Lot, Reversed Corner is the corner lot the side
street line of which is substantially a continuation of the
front lot line of the lot to the rear of said corner lot.
Lot, Interior is a lot other than a corner lot
or a reversed corner lot.
Lot, Key is the first lot to the rear of a rever-
sed corner lot and not separated therefrom by an alley.
Lot, Through is a lot having frontage on two (2)
parallel or approximately parallel streets.
Non-Conformin~ Building or Structure is a build-
ing or structure lawfully existing, any portion of which
does not complr with current provisions of this Code for
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the district in which it is located.
Non-Conformin~ Use is a use which lawfully occupies
a building or land and does not conform with current use
regulations of the district in which it is located.
Parking Space, Au~omobile is a space within a
building or open parking area for the temporary parking of
one (1) automobile in accordance with the standards set forth
in Section 9l29F of this code.
Schoolt Elementary or High is an institution of
learning which offers instructions in the several branches
of learning and study required to be taught in the public
schools by the Education Code of the State of California.
Story is that portion of a building included be-
tween the surface of any floor and the surface of the floor
next above it, or if there be no floor above it, then the
space between such floor and the ceiling next above it.
Structure is anything constructed or erected which
requires location on the ground or attached to something
having a location on the ground.
Trailer is a vehicle without motive power, designed
to be drawn by a motor vehicle and to be used for human habi-
tation or for carrying persons or property, including a
trailer coach or house trailer.
Trailer Court or Trailer Park is any area or tract
of land used or designed to accommodate one (1) or more
trailers, in use for human habitation, or any "auto and
trailer park" as defined by Section 18102 of the Health and
Safety Code of the State of California, as enacted by Chapter
1097, Statutes of 1941, and amended by Chapter 1434, Statutes
of 1947.
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the community and tbe purchasers of condominiums and commun-
ity apartments.
SECTION 9l22B. Condominium-N~w Construction Permit.
Before final approval and issuance of any building permit
for any condominium or condominium project, a developer,
builder or other person seeking to construct such a project
shall first apply for and obtain from the Building Depart-
ment a condominium permit. Such condominium permit shall
be issued only (a) upon approval of the Planning Department
or City Council, after it determines that such project con-
forms to all applicable zoning regulations as provided for
in Section 9123 of the Santa MOnica Municipal Code, and (b)
upon the issuance of a condominium license by the Office
of the City Clerk of the City of Santa Monica based upon
payment of the prescribed condominium tax.
SECTION 9l22C. Condominium Permit-Conversions.
Any developer, builder, or other person seeking to convert
an existing structure to a condominium shall first apply
for and obtain from the Building Department a condominium
conversion permit. Such condominium conversion permit shall
be issued only (a) upon the approval of the Planning Depart-
ment, or City Council upon appeal or review, after it has
determined that the existing structure conforms to all appli-
cable zoning regulations, and (b) upon the issuance of a
condominium license by the Office of the City Clerk of the
City of Santa Monica based upon the payment of the prescribed
condominium tax.
SECTION 9122D. Community Apartments. Community
Apartments shall be subject to the same restrictions, con-
ditions, requirements and taxes as condominiums.
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SECTION 9l22E. Effect-Initiated ~rojects.
Any condominium project, regardless of when initiated, for
which a building permit has been issued shall not be exempt
from the requirements of obtaining a condominium permit or
condominium conversion permit and a condominium license merely
because such building permit has been issued.
SECTION 9122F. It shall be unlawful for any person
to proceed in any way with development of a condominium pro-
ject without first applying for and receiving the applicable
condominium permit or condominium conversion permit.
SECTION 4. Section 9123 is hereby added to Chapter 1 of
Article IX of the Santa Monica Municipal Code to read as follows:
SECTION 9l23. Condominium Development Standards.
The following condominium development standards shall apply
to all land and structures proposed as a part of a condominium
project and shall be evaluated and processed pursuant to the
procedural requirements set forth for conditional use permits
in Sections 9148, 9148B, 9148C, 9l48D, 9148E and 9l48F of this Code.
SECTION 9l23A. Standards. No condominium project
or portion thereof shall be approved or conditionally approved
in whole or in part unless the Planning Commission, or City
Council upon appeal or review provided in S9l48C, shall have
reviewed and approved the following on the basis of their effect
on sound community planning, the economic, ecological, cultural
and aesthetic qualities of the community, and on public health,
safety and general welfare:
I. The overall impact on schools, parks, utilities,
neighborhoods, streets, traffic, parking and other community
facilities and resources.
2. A detailed development plan of the project
including location and sizes of structures, parking layout,
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access areas, and exterior elevations and treatment.
3. A detailed landscaping plan indicating types
and sizes of landscaping materials.
4. A detailed lighting plan indicating location
and nature of lighting and lighting fixtures in common areas.
5. A copy of Conditions, Covenants, and Restric-
tions or other Condominium Agreement for the project setting
forth the occupancy and management policies for the project.
6. Provisions for the dedication of land or
easements for street widening, public access or other public
purpose where necessary and in accordance with established
planned improvements.
SECTION 9l23B. Minimum Requirements. Except as
otherwise provided by law, in approving or conditionally
approving any condominium project the following shall be
required:
I. Parkins. Off-street parking in the amount
of not less than two (2) spaces per unit, which spaces
shall not exceed twenty-five percent (25%) tandem parking.
Required off-street parking spaces shall be located within
the same structure as the dwelling units for which they are
required, or as determined by the Zoning Administrator.
Required off-street parking spaces, except guest parking
spaces, shall be included in the ownership of each individ-
ual condominium unit, not less than two spaces per unit, and
no off-street parking space required by this section shall
be sold, leased, or otherwise transferred to the control of
any person or organization not an owner of one or more units
within the project, except that spaces may be rented to
other owners within the project.
2. Side Yard Requirements. Side yards shall be
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five (5) feet minimum for one and two story dwelling
structures, and seven (7) feet minimum for three story
dwelling structures. For dwelling structures over three
stories the conditions of Section 9109B5(b) and 9ll0B5{b)
shall apply. Subterranean garages shall not extend more
than three (3) feet above the average grade level.
3. Condominium A<]reernents. Condominium
Agreements shall contain, but not be limited to, adequate
provisions for maintenance, repair, and upkeep; provisions
that in the event of destruction or abolishment, reconstruc-
tion shall be in accordance with codes in effect at the time
of such reconstruction; and provisions for dedication of
land or establishment of easements for street widening or
other public purpose.
SECTION 9l23C. Exceptions for Conversions--Structural
Alterations and parkin<]. No condominium conversion shall be
denied for failure to make major structural alterations, or
for failure to meet the parking requirements of this Code,
provided that:
1. Parking is provided at the rate of one and one-
half (l l/2) spaces per dwelling unit, which spaces shall
not exceed thirty-three and one-third (33 1/3) percent tandem
parking, or attendant parking on a twenty-four (24) hour per
day basis is provided and this requirement is set forth in
the Covenants, Conditions and Restrictions for the stated
benefit of the City and the owners of the condominium unit;
2. The building is more than three (3) years old
on the date of the conversion; and
3. A condominium license is obtained and the full
fee paid; and
4. The building sought to be converted is, on
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the date of the conversion, in all respects in compliance
with the building, planning, zoning, licensing, and other
laws applicable to new condominium construction on the
date of the conversion, other than those excluded by this
section;
5. All standards of Section 9123A of this Code
are met.
SECTION 9123D. Application.
All condominium
projects of new construction or conversion, which have already
received their tentative subdivision map approval by the
Planning Commission, or the City Coucnil upon appeal or review, as of
September 29, 1973, are exempt from complying with the con-
dominium development standards set forth in Sections 9l23A
and 9l23B above. Nothing in this section, however, shall
excuse a condominium project from complying with the revenue
provisions of the Condominium Tax Law, Article VI, Chapter
6B of the Santa Monica Municipal Code, requiring payment of
the prescribed condominium tax.
SECTION 5. Any person violating any of the provisions of this
ordinance shall be guilty of a misdemeanor and, upon conviction thereof,
shall be subject to a fine not exceeding Five Hundred ($500) Dollars
or Six (6) Months in the County Jail of Los Angeles County, or by
both such fine and imprisonment in the discretion of the Court.
SECTION 6. Any prDvision of the Santa Monica Municipal Code,
or appendices thereto inconsistent herewith, to the extent of such
inconsistencies and no further, are hereby repealed.
SECTION 7. If any section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid or un-
constitutional by a decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions
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STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES) ss.
CITY OF SANTA MONICA )
I do hereby certify that the foregoing ordinance was duly
and regularly introduced and adopted at a meeting of the City Council
of the City of Santa Monica on the 31st day of August , 1973,
pursuant to Section 615 of the Charter of the City of Santa Monica, by
the following vote of the Council:
AYES:
Councilmen:
Judson, McCloskey, Swink,
Trives, van den Steenhoven, Hoover
None
NOES:
ABSENT:
Councilmen:
Councilmen:
Dituri
APPROVED AS TO FORM:
.. . e!/~
Acting CLty Clerk
~1~~
~ City Attorney - ~
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss.
CITY OF SANTA MONICA )
I do hereby certify that the foregoing ordinance was duly
and regularly introduced at a meeting of the City Council on the
31st
day of
August
) 1973; that thereafter the said
ordinance was duly adopted at a meeting of the City Council on the
Uth
day of September ) 1973, by the following vote:
AYES:
Counc ilmen:
Judson, Swink
van den Steenhoven, McCloskey
None
NOES:
Councilmen:
ABSENT:
Councilmen:
Dituri) Hoover, Trives
ting{J!l!t~
~VED AS Tq ~:/ .
A;;j\a1~ J · ~W^-.e_____
'v C it-y Att'orney - .