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ORDINANCE NO. 907
(CITY COUNCIL SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 1, ARTICLE IX, OF
THE SANTA MONICA MUNICIPAL CODE BY ADDING THERE-
TO SECTION 9148
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 1, Article IX, of the Santa Monica Mun-
icipal Code is hereby amended by adding thereto Section 9148 to read
as follows:
SECT ION 9148. Conditional Use Permit.
SECTION 9l48A. Other provisions of this Chapter
notwithstanding, the Planning Commission, subj ect to ap-
peal or review by the City Council as set forth in Section
9l48C, may grant a Conditional Use Permit for the establish-
ment of commercial or industrial uses within any multiple
residential district provided that:
l. The site for the proposed use is contiguous
with, or is separated by an alley from, and immediately ad-
joins an established commercial or industrial district or is
an existing non-conforming use within a multiple residential
district.
2. The uses permitted are limited to:
a. Those uses permitted in the adjoining es-
tablished commercial or industrial district;
b. A legally non-conforming use formerly
permitted in a multiple residential district; or
c. Such other similar uses as the Planning
Commission, or the City Council, on appeal or review,
shall determine are compatible with adjoining uses and
will not be detrimental to or adversely effect adjacent
properties or the permitted use thereof.
3. In no case shall commercial or industrial uses
be extended more than 500 feet into any adjoining multiple
residential district.
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4. The expansion of any non-conforming use is lim-
ited to the perimeters of the property in such non-conforming
use and off-street parking is provided in accordance with code
requirements for any additional floor area permitted.
SECTION 9l48B. Procedure.
1. Application. Applications for such permit shall
be filed with the Zoning Administrator on a form furnished by
that office.
2. Hearing. Upon receipt of such application the
Zoning Administrator shall:
a. Set the matter for hearing before the
Planning Commission at the earliest practicable meet-
ing thereof.
b. Give notice of the time, place and purpose
of such hearing by causing legal notice to be published
at least once in a newspaper of general circulation not
less than one calendar week prior to said hearing, and,
further, by causing written notice of such hearing to
be mailed, first class mail, at least one week prior to
such hearing, to every property owner within 500 feet
of the exterior boundaries of said property, using names
and addresses of said owners as shown by the records of
the City Clerk.
3. Determination. Following such hearing, if the
Planning Commission finds that the proposed use and location
are in accordance with good zoning practice, in the public in-
terest and necessary in order that substantial justice be done,
the Planning Commission may grant a Conditional Use Permit
therefor subject to such conditions as may be necessary to en-
sure that such use is compatible with existing and potential
uses within the general area, that traffic or parking conges-
tion will not result, that the public health, safety and gen-
eral welfare are protected and that no harm to adjacent prop-
erties will result,
4. Conditions. In granting a Conditional Use Permit
the Planning Commission, or the City Council on appeal or review,
may require that the use and development of the property con-
form with a site plan, architectural drawings or statements sub-
mitted in support of the application or such modifications there-
of as it may deem necessary to protect the public health, safety
and general welfare and secure the objectives of the Master Plan,
and may also impose such other conditions as it may deem neces-
sary to achieve these purposes, including, but not limited to,
the following:
a. Setbacks, yard areas and open spaces.
b. Fences, walls and screening.
c. Required parking, parking areas and vehicular
ingress and egress.
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d. Landscaping and maintenance of landscaping
and grounds.
e. Regulation of signs.
f. Control of noise, vibration, odors and other
potentially dangerous or objectionable elements.
g. Limits on time for conduct of specific activ-
ities.
h. Time period within which the proposed use
shall be developed.
i. Such other conditions as may be determined
to assure that development will be in accordance with the
intent and purposes of this Chapter.
j. Reasonable guarantees that required conditions
will be complied with.
5. Effective Date. Time limit for development.
A Conditional Use Permit granted hereunder shall become effective
20 days after the date of determination by the Planning Commission,
or in the event of an appeal or review, 20 days after the date of
determination upon such appeal or review by the City Council.
SECTION 9148C. Appeals. Right of Review. Any person who
considers himself to be aggrieved by action of the Planning Com-
mission in the matter of a Conditional Use Permit may within 20
days from the Commission's decision appeal the matter to the City
Council by so stating in ,vriting, such written appeal to be ac-
companied by the fee required under Section 9151, or any member
of the City Council upon written notice filed with the Secretary
of the Planning Commission within 20 days from the date of the
determination may require that the Commission's decision be re-
viewed by the City Council. Said appeal shall be set for Public
Hearing by the Council at the earliest convenient date, and ad-
vertised in accordance with the provisions of Section 9l48B2b
hereof. The determination of the City Council affirming, revers-
ing, or modifying in whole or in part, any decision or determin-
ation or requirements of the Planning Commission shall be final.
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6. That the continued exercise of the use for which
approval was granted appears to be detrimental to the public
health, safety or welfare.
SECTION 2. The City Council finds and determines that the
public necessity, convenience, general welfare, and good zoning prac-
tice require that the amendment in Section 1. above, be made.
SECTION 3. 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 the ordinance. The City Council hereby declares that it would have
passed this ordinance and each section, subsection, sentence, clause
or phrase thereof. irrespective of the fact that anyone or more sec-
tions. subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
SECTION 4. 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 official newspaper within fifteen
days after its adoption. This ordinance shall become effective after
thirty days from its adoption.
ADOPTED this 27th day of February , 1973.
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May'~ '
ATTEST: ".
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Ci:rClerk -
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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
13th day of February , 1973; that thereafter the said
ordinance was duly adopted at a meeting of the City Council on the
27th day of February , 1973t by the following vote:
AYES: Councilmen: Gabriel, Hoover, McCloskey,
Reidy, Rinck, Dituri
NOES: Councilmen: None
ABSENT: Councilmen: Trives
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Cm~erk
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APPROVED AS TO FORM:
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~ City Attorney
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ORDI~Al\CE NO 908 GARAGE. PRIVATE IS
, t CITY COUNCIL SERIES) ry an accessory bmldlllg or and. m the case of an Ir-
AN ORDINANCE OF THE BOARDING HOUSE IS ~ortIon of a mam bUlldlllg regula r. trIangular or
CITY COUNCIL OF THE a bUIldmg with only 1 or the parklllg or tempor- gore-shaced lot, a Ime 10'
CITY OF SANTA kl tchen m WhICh there are ary storage of automo- In lengt wIthIn the lot.
MONICA AMENDING not more than 5 guest biles of the occupants of parallel to and at the max-
SECTION 9102 OF rooms where lodgIng with the premIses Imum dIstance from the
CHAPTER 1. ARTICLE or wIthout meals IS pro- GARAGE SPACE IS a front lot hne
IX OF THE SAl'iTA vlded for compensatIOn. permanently mamtaIned LOT LINE. SIDE IS any
MOl'\ICA MV:'<lICIPAL there beIng not more than space In a prIvate garage lot hne not a front lIne or
a rear lot hne
CODE 1 such bUIldmg per lot m accordance wIth the LOT WIDTH IS the
THE CITY COU!'\CIL OF BillLDING IS a struc- standards set forth In Sec- hOrizontal dIstance bet-
THE CITY OF SANTA ture havmg a roof sup- t10n 9129F of thIS code ween the SIde lot hnes,
MONICA DOES ORDL\IN AS ported by columns or GARAGE. SUBTER- measured at nght angles
FOLLOWS walls for the housmg or RANEAN IS a structure
SECTION 1 SectIOn 9102 enclosure of bersons, wholly or partly under- to the lot depth at a pomt
midway between the front
of Chapter 1. Article IX. of ammals. or c attels ground, the ceIlIng of and rear lot hnes
the Santa MOnica MunICipal BUIldmg does not mclude WhICh IS not more than LOT DEPTH IS the
Code IS hereby amended to basement two (21 feet above the honzontal dIstance bet-
read as follows BUILDING HEIGHT IS average level of the ad- ween the front and rear
SECTION 9102 the vertIcal distance JOIning ground. except for lot hnes. measured m the
DEFINITIONS L\ND measured from the opemngs for mgress and mean directIOn of the SIde
STANDARDS For the average level of the hlgh- egress lot hnes
purpose of thiS Chapter. est and lowest pomt of HOTEL IS a bUIlding 10 LOT AREA IS the total
certam words and phrases that portIOn of the lot WhICh there are SIX or honzontal area wlthm the
are defmed and certaIn covered by the bUIlding to more guest rooms where lot Imes of a lot
prOVISIOns shall be con- a pomt mId-way between lodgmg With or without LOT. CORNER IS a lot
strued as herem set forth the highest and lowest meals IS prOVIded for abuttmg upon two or more
unless It IS apparent from pomtof the roof compensatIOn and where streets at their mtersec-
the con text that a BUILDING SITE IS a no ~rovlslOn IS made for tlOn or JunctIOn
dIfferent meamng IS m- combmahon of lots held 10 coo mg 10 any mdIvIdual LOT, REVERSED
tended common ownershIp as room or SUIte, and. when CORNER is a corner lot
ACCESSOR Y BUlLD- prOVided m SectIOn 9134 located 10 a commercial the SIde street Ime of
ING IS a detached subor- COM:'dISSION IS the dIStrICt mtended for whIch IS substantIally a
dmate bUlldmg located on Planrung CommIssIon of transient clIentele WIth a contmuat1On of the front
the same lot. the use of the CI tv resldencv of less than 30 lot hne of the lot to the
which IS mCldental to that DWELLIl'\G IS a buIld- days duratIOn rear of said corner lot
of the maIO bUIldmg or to mg. or dortlOn thereof. LANDSCAPED ARE.!\. LOT. INTERIOR IS a
the use of the land desIgne and used ex- IS an open area other than lot other than a corner lot
ACCESSOR Y LIVING e1uslvelv for reSidentIal a drIveway. vehIcular ac- or a reversed corner lot
QUARTERS are hvmg occupancy. 10cludmg one- cesswav. or parkmg area LOT. KEY IS the first
quarters WithIn an ac- famIly and mUItIftle LOADING SPACE IS an lot to the rear of a revers-
cessory bUIldmg for the dwellm-gs, but not mc ud- off-street space or berth ed corner lot and not sepa-
sole use of persons 109 hotels and boardmg on the same lot With a rated therefrom by an
alley
emfcloyed on the premIses houses bUIldmg for the tempor- LOT THROCGH IS a lot
or or use by guests of the DWELLIl'\G Ul'\IT IS ary parkmg of a commer- haVln~ frontage on .2
occupants of the ~re- two or more rooms m a cia I vehlele while loadmg paralle or approXimately
mlses. such quarters av- dwellIng or apartment or unloadmg merchandIse parallel streets
mg no kItchen faCIlItIes hotel deSigned and used or materIals ~O~-CONFORMING
and not rented or other- for occupancy by one LOT IS a parcel of pro- BUILDING OR STRL'C-
wise used as a separate famIly for hVIng or sleep- perty havmg a separate TURE IS a bUlld10g or
dwellIng m~ purposes and havlOg number or letter on a sub- structure lawfully eXlst-
ADMINISTRA TOR IS on v 1 kItchen diVISIOn tract map record- mg. any portIOn of which
the Zonmg AdminIstrator DWELLING. ONE- ed With the County does not comply WIth cur-
ofthe Cltv F AMIL Y IS a bUIldmg Recorder of Los Angeles rent prOYISlOhS of thIS
APART:\<1El'\T HOTEL deSigned and used ex- County. or a parcel of pro- Code for the district m
IS a bmldmg deSIgned for e1uslvel v for occupancv perty abuttIng at least one which It IS located
or contammg both In- bv 1 fa-illllv and whIch ~UblIc street or alley and :'IrON-CONFOR.\IING - -
dIVldual guest rooms or binldmg con tams only 1 eld under separate CSE IS a use WhICh law-
SUItes of rooms and dwell- kl tchen ownershlb prIor to AUN;:st fully occupies a bUlldmg
mg umts DWELLIl'\G. MULTI- 17. 1929. t e effectIve ate or land and does not con-
APART:\<1E:\'T HOUSE PLE IS a bUIldmg or por- of Ordmance No 439 form With current use
IS the sa~e as 'Dwelhng. hon thereof deSIgned and (CommlsSloners'Senesl regulatIOns of the district
MultIple used for occupancy by 2 or of the City of Santa In which it IS located
BASE~E:XT IS 1 or more famlhes hVIng lOde- MOnica OPEN AREA IS that
more stones whollv or pendently of each other. LOT COVER L\GE IS area of a lot or bUlldmg
gartly underground A WhICh bUlldmg or portIOn that area of a lot or buIld- site not occupIed by a
asement shall be counted thereof shall contam one Ing SIte occupIed by a bUlldmg Open area m-
as a story for purposes of kitchen for each family bUlldmg or structure. ex- cludes. but IS not lImited
height measurement If umt therem cludmg a basement to. reqUIred yard spaces
over 6 feet of ItS height IS F AMIL Y IS an In- LOT LINE, FRONT IS walkways. rlanted areas.
above the average of the dlvldual, or 2 or mo~er- the Ime separatlOg the lot recreatIOna areas pools.
adJommg ground, or In sons related by bl or from the street. and In the pavmg, dnveways, or any
any event If said base- marrIage. or a group of case of a corner lot. a hne other area which IS
ment IS used for off-street not more than 5 persons separatmg the narrowest neIther above or below
parkmg of vehicles and (exc1udmg servants) not street frontage of the lot any portIOn of a bUlldmg
the floor thereof IS less related by blood or mar- from the street other than eaves, balco-
than 2 feet below the level nage, hvmg together as a LOT LINE, REAR IS mes, or other permitted
of the curb most adjacent smgle housekeepmg Unit the lot lIne which IS op- projectIOns
thereto, then Said garage m a dwelhng umt poslte and most dIstant OPEN SP>\CE IS the
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same as Open Area nearest pomt of the rear
P"-RKING SPACE, AU- lotlme
, TOMOBILE IS a space Y"-RD, SIDE IS a ~ard
wIthm a bUlldmg or open between a malO bm dmg
parkmg area for the tem- and the sIde lot Ime, ex-
porarv ~arkmg of one au- tendmg from the front
tomofll e in accordance yard or front lot hne
wIth the standards set v.here no front yard IS re-
forth m SectiOn 9129F of ~Ired. to the rear yard,
thIS code t e wIdth of the r~ulred
SCHOOL - ELEMEN- sIde yard shal be
TARY OR HIGH IS an 10- measured hOrIzontally
stltutlon of learnmg whIch from the nearest pomt of
offers mstructiOns 10 the the sIde lot lme toward
several branches of learn- the nearest permitted
mg and study reqUIred to part of the mam bmldmg,
be taught ill the public excludmg exctfthons per-
schools bv the EducatiOn mltted by thiS h~ter
Code of the State of SECTIO~ 2 he Cltv
Cahforma Councll hnds and determmes
STORY IS that ~ortJon that the pubhc necessIty.
of a bUlldmg mclu ed bet- convenIence. ~eneral
ween the surface of any welfare. and ~oo zomng
floor and the surface of practIce requIre that the
the floor next above It. or amendment In Sectwn 1.
If there be no floor above above be made
It. then the space between SECTION 3 The Mayor
such floor and the cetlmg shall sign and the City Clerk
next above It shall attest to the passage of
STRUCTURE IS a bmld- thiS ordmance The CIty
m~ Clerk shall cause the same to
RAILER IS a vehIcle be pubhshed once In the
WIthout mauve power offICial newspaper wlthm hf-
deSIgned to be drawn by a teen days after ItS adoptIon
motor vehicle and to be ThiS ordmance shall become
used for human habItatIOn effectIve after thirty days
or for carrymg persons or from Its adoEtlOn
pro~erty, includIng a ADOPTE thiS 27th day of
tral er coach or house February. 1973
trailer ANTHONY L DlTURI.
TRAILER COURT OR Mayor
TRAILER PARK IS any ATTEST
area or tract of land used K 0 GRUBB,
or deSIgned to accom- City Clerk
modate 1 or more traders, )
m use for human hablta- State Of CalIforma
uon. or any 'auto and County Of Los Angeles I 5S
trailer park" as dehned City Of Santa MODIca i
bv SectIOn 18102 of the
Health and Safety Code of \ SE ;\Ll
the State of Cahlorma, as I do herebv certIfy that the
enacted by Chapter 1097, foregomg ordma"nce was
Statutes of 1941, and duly and regularly mtroduc-
amended by Chapter 1434. ed at a meetIng of the City
Statutes of 1947 CounCil on the 13th day of
YARD IS an open space February, 1973, that
on a lot. unoccupIed and thereafter the said ordmance
unobstructed from the was duly adopted at a meet-
ground upward 109 of the Clt* Council on the
YARD. FRONT IS a 27th day of ebruary. 1973.
\'ard extendmg across the bv the followmg vote
lull WIdth of the lot. the . ~ YES CouncIlmen
depth of which IS the GabrIel. Hoover. :\lc-
mlDlmum hOrIzontal dls- Closkey. ReIdy, RInck.
tance between the front Dnun
lot hne and a lIne parallel NOES CounCilmen None
to and through the nearest ABSENT CounCilmen
permItted part of the Tnves
mam butldmg. excludmg K 0 GRUBB,
eXCe&tlOns permitted bv City Clerk
thlS hapter . (SEAL)
YARD. REAR I!> a yard Pub March 8-1973
extendmg across the- full
Width of the lot between
the most rear mam bUild-
109 and the rear lot hne.
the depth of the re~Ulred
rear yard shal be
measured hOflzontalIy
from the nearest part of a
maIO building, excludlDg
exceptIOns permitted by
thiS Chapter, toward the .......