O1508
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CA:RMM:l1561/hpc
City council Meeting 1-9-90
Santa Monica, California
ORDINANCE NUMBER lS08(CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING THE MORATORIUM
ON CONSTRUCTION OF BASEMENTS AND UNDERGROUND
GARAGES BENEATH REQUIRED YARDS IN THE R-1 ZONE
DISTRICT FOR TEN MONTHS AND FIFTEEN DAYS PENDING
REVISIONS TO THE ZONING ORDINANCE TO
ESTABLISH STANDARDS FOR SUCH CONSTRUCTION AND
DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose. The city Council finds
and declares:
(a) The Zoning Ordinance does not contain development
standards for subterranean garages and basements in the R-1 Zone
District.
(b) On more than one recent occasion, basements or
subterranean garages have been excavated to within eighteen
inches of the sidewalk.
(c)
The
construction
of
subterranean
garages
and
basements that extend beyond the footprint of structures into
required front, side and rear yards creates an inability to
realize groundwater recharge from rain and garden watering.
(d)
The
construction
of
subterranean
garages
and
basements that extend beyond the footprint of structures into
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required front, side and rear yards will also have the effect of
creating more groundwater run-off.
(e) The construction of subterranean garages and
basements that extend beyond the footprint of structures into
required front, side and rear yards will intensify the use of
land in the R-1 Zone District beyond the level of intensity that
was intended.
(f) The Zoning Ordinance contains development standards
which govern the construction of subterranean garages and
basements in multi-family residential zones.
(g) The zoning Ordinance requires review and revision as
it pertains to the construction of subterranean garages and
basements in the R-1 Zone District.
(h) In light of the above-mentioned concerns, the city
Council adopted Ordinance Number l504 (CCS) on November 28, 1989,
which ordinance established a 45 day moratorium and set a public
hearing on whether to extend such moratorium for January 9, 1989.
(i) Pending completion of review and revision of the
zoning Ordinance as it pertains to construction of subterranean
garages and basements in the R-1 Zone District, it is necessary
to establish an interim control measure that will prevent further
construction of subterranean garages and basements that extend
into required front, side and rear yards in the R-1 Zone
District.
SECTION 2. Moratorium.
(a) A moratorium is hereby placed on the acceptance for
processing of any applications for approval of planning, building
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or other City permits in the R-1 Zone District for the
construction of subterranean garages and basements that extend
beyond the footprint of any structure into required front, side
or rear yards.
(b) City staff is hereby directed to disapprove all
applications filed after November 14, 1989, for approval of
planning, building or other City permits for the construction of
subterranean garages and basements that extend beyond the
footprint of any structure into required front, side or rear
yards in the R-1 Zone District.
SECTION 3. This Ordinance shall be of no further force and
effect ten months and fifteen days from its adoption, unless
extended in the manner required by law.
SECTION 4. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of section 9120.6 of
the Santa Monica Municipal Code and Section 615 of the Santa
Monica City Charter. It is necessary for preserving the public
peace, health and safety, and the urgency for its adoption is set
forth in the findings above.
SECTION 5. 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 affect the provisions of this Ordinance.
SECTION 6. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
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or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect 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 inval id or unconsti tutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 7. 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 upon adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
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Adopted and approved this 9th day of January, 1990.
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I hereby certify that the foregoing Ordinance No. 1508 (CCS)
was duly and regularly introduced at a meeting of the City
Council on the 9th day of January 1990; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 9th day of January 1990 by the following Council vote:
Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings,
Katz, Reed, Mayor Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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