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O926 8-28-73 RLWhr 5th REV. - 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 Article IX of the Santa Monica Municipal Code is repealed in its entirety.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 "- 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. : j " ! '-( ..J.. \[; 8-2~-7~ RLK:mh 5th lIJ' e 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- -2- RLK:mh 8-28-73 5th tIr. - 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 -3- 8-28-73 RLK:roh ~"fl.- ell e 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 -4- ~ML~M7j RLK~mh REV Silt e 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 -5- 8-28-73 RtK:mh REV 5t1t ~ 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 -6- g-73 RLK:mh Rev. -5thw . 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. -7- 28~73 .RLK:mb REV s~ - 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. -9- 8-30-73 ~~ REV. 5th e 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, -10- 8-28-73 RL_r REV. 5th . 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 -ll- 8-30-83 ~hr REV. 5th . 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 -12- ;-28-73 RLK:mh Rev. l~ -.! - 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 ($500) Dollars or Six (6) Months in the County Jail of Los Angeles County, or by both such fine and imprisonment in the discretion of the Court. SECTION 6. Any prDvision of the Santa Monica Municipal Code, or appendices thereto inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed. SECTION 7. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or un- constitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions -13- l/ -14- . .... .. ~ _$th -* 8-28-13 RLK:mh ~ 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 - ~ -15- - ~ ~ - 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 - .