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O907 ", . , : It ~ . . 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. r r !l . - i e ~ , . . . 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. -2- e ~ e 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. -3- - .e -. 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. .-' / \ t~~r~ May'~ ' ATTEST: ". .'/~ /'~?zJ4 Ci:rClerk - -5- ~ "'.. a - e . 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 - //C;~~ " .-M Cm~erk / / ~ f t/ APPROVED AS TO FORM: --~~~ J , ....., I 1\ /,. ,. J / \ A ~ / ) / / I \4 , ~, 4 uvd- ~_ !)~'li //, " tlt~I~.:i!~~ l\~ .1-lJ~..--"\ ~ City Attorney -6- - . "I _ I be counted as a sto- tram the .t lot line ., .. 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 t -I ' . . ..... 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 .......