Item 6-A

City Council Meeting 6-16-98 Santa Monica, California

TO: Mayor and City Council

FROM: City Attorney

SUBJECT: Ordinance Amending Section 9.04.08.12.020 of the Santa Monica

Municipal Code To Correct The Omission of Outdoor Public Utilities

INTRODUCTION

At its meeting on June 9, 1998, the City Council introduced for first reading an ordinance amending Section 9.04.08.12.020 of the Santa Monica Municipal Code to correct the omission of outdoor public utilities and maintenance service yards as permitted uses in the residential-visitor commercial zoning district.

RECOMMENDATION

It is respectfully recommended that the accompanying ordinance be adopted.

ORDINANCE NO. ________(CCS)

(City Council Series)

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 9.04.08.12.020 OF ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO CORRECT THE OMISSION OF OUTDOOR PUBLIC

UTILITIES AND MAINTENANCE SERVICE YARDS AS PERMITTED USES IN

THE RESIDENTIAL-VISITOR COMMERCIAL ZONING DISTRICT

WHEREAS, in August, 1988, the City Council adopted Ordinance 1452 (CCS) implementing the current Comprehensive Land Use and Zoning Ordinance which in Section 9.04.08.12.020 lists the permitted uses in the RVC Residential-Visitor Commercial zoning district; and

WHEREAS, on January 25, 1994, the City Council adopted Ordinance 1721 (CCS) which amended Section 9.04.08.12.020 of the Comprehensive Land Use and Zoning Ordinance to include outdoor public utilities and maintenance service yards as permitted uses in the RVC Residential-Visitor Commercial zoning district;

WHEREAS, on June 28, 1994, the City Council adopted Ordinance 1750 (CCS) which amended Section 9.04.08.12.020 of the Comprehensive Land Use and Zoning Ordinance to include congregate housing, senior housing, senior group housing, single room occupancy housing, transitional housing and domestic violence shelters as permitted uses in the RVC, but inadvertently omitted outdoor public utilities and maintenance service yards as permitted uses in the RVC Residential-Visitor Commercial zoning district;

WHEREAS, the City Council held a public hearing on this proposed ordinance to correct this inadvertent omission on June 9, 1998; and

WHEREAS, the City Council finds and declares that the proposed ordinance is

with the goals, objectives, policies, land uses and programs of the City's General Plan, specifically with policy statements contained in the Conservation Element, including Policy Statements 9, 11, 13, and 15. These policies call for City action to reclaim wastewater, improved sewage treatment, provide adequate storm drainage and runoff systems, encourage maintenance of the recreational aspects of the beach area and to maintain and protect the environmental quality of the beach.

WHEREAS, the City Council finds and declares that the public health, safety and general welfare requires the adoption of the proposed ordinance in order to provide for the improvement of the environmental quality of the beach, reclaim storm water for irrigation and preserve and protect the quality of the Santa Monica Bay.

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 9.04.08.12.020 is amended to read as follows:

9.04.08.12.020 Permitted Uses.

The following uses shall be permitted in the RVC District, if conducted within an enclosed building, except where otherwise permitted:

(a) Arts and crafts shops.

(b) Camera shops.

(c) Congregate housing.

(d) Convention and conference facilities.

(e) Domestic violence shelters.

(e) Entertainment and cultural uses.

(g) Gift or souvenir shops.

(h) Libraries.

(i) Marine oriented uses such as aquariums.

(j) Museums.

(k) Neighborhood grocery stores.

Single-family dwellings placed on a permanent foundation (including manufactured housing).

(m) Multi-family dwellings.

(n) Night Clubs within hotels.

(o) Retail uses that cater to the visiting public.

(p) Public parks and playgrounds.

(q) Residential uses existing at the time of adoption of this Chapter.

(r) Restaurants.

(s) Schools.

(t) Senior housing.

(u) Senior group housing.

(v) Single room occupancy housing.

(w) Skating rinks.

(x) Snack shops.

(y) Swim and health clubs.

(z) Transitional housing.

(aa) Outdoor public utilities and maintenance service yards.

(bb) The following uses if conducted on the Santa Monica Pier or along The Promenade:

(1) Amusement and game arcades.

(2) Bait shops and fishing supplies.

(3) Exhibitions and games.

(4) Fish markets.

(5) Marine service stations and boat landings on the Pier only.

(6) Night clubs.

(7) Sport fishing.

(cc) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and are appropriate, incidental, and subordinate to, the principal permitted use.

(dd) Other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and not more disruptive or disturbing than permitted uses.

SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 4. 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 any competent jurisdiction, such decision shall not effect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. 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 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:

_____________________________

Marsha Jones Moutrie

City Attorney