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CA:RMM:cbdoc014/hpwd/city
city council Meeting June 9, 1992
Santa Monica, California
ORDINANCE NUMBER 1632 {ees}
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RELATING TO PERMITTED
ENCROACHMENT INTO REQUIRED UNEXCAVATED PORTIONS OF
REQUIRED FRONT AND SIDE YARD SETBACKS
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 landscaping standards contained in the City of
Santa Monica Comprehensive Land Use and Zoning Ordinance are
intended to preserve and protect the publ ic health, safety and
welfare through the maintenance of adequate drainage and
groundwater percolation capability, as well as to enhance the
aesthetic appearance of development in all areas of the city by
providing standards for quality, quantity, and functional aspects
of
landscaping
and
landscape
screening
consistent
with
Architectural Review Board Guidelines, and the goals, objectives,
and policies of the General Plan.
(b) In the recent past, the pace and density of
development in the City has accelerated, and developers have
increasingly excavated parcels and encumbered the soil with
subterranean and semi -subterranean structures which impede
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adequate drainage and percolation and detrimentally impact the
long term success of landscaping required by the Zoning
Ordinance.
(c) Only unexcavated and unencumbered soil can adequately
provide for the water drainage and percolation and landscaping
required to preserve and protect the public health, safety and
welfare.
(d) In response to an immediate threat to the public
health, safety and welfare from increasing numbers of
developments not containing adequate unexcavated and unencumbered
soil, on May 12, 1992, the City council enacted an emergency
ordinance, Ordinance No. 1627 (City council series) so as to
preserve and protect the public health, safety, and welfare.
ordinance No. 1627, will expire on June 26, 1992.
(e) There exists an immediate threat to the public
heal th, safety and wel fare, through development which does not
provide for adequate water drainage and percolation and
successful landscaping, and approval of additional subdivisions,
use permits, variances, building permits, or any other applicable
entitlement for use which is required in order to comply with a
zoning ordinance without providing with same, would result in a
threat to public health, safety, and welfare.
(f) In order to preserve and protect the public health,
safety and welfare from the increasing number of developments
that are being proposed whiCh do not contain adequate unexcavated
and unencumbered soil , it is necessary to extend Ordinance No.
1627 pursuant to SMMC ~ 9120.6(a) for a period of ten months and
fifteen days through May 12, 1993.
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SECTION 2. unexcavated Area and Landscaping in Front and
Side Yards.
(a) Any lot having a width of 50 feet or greater which is
located in a residential or BCD District or which is a commercial
or industrial lot directly abuting a residentially zoned lot not
used for commercial parking purposes, shall have provided and
maintained an unexcavated area along the entire length of the
front property line equal in area to at least 50 percent of the
required front yard and equal to four (4) feet in width along the
entire length of at least one of the side property lines, except
to the extent necessary to provide parking access pursuant to
Municipal Code Section 9044.8 and section 9044.9. For lots in
excess of 70 feet in width, an unexcavated area four feet in
width along the required side yards shall be provided and
maintained along the entire length of both side property lines.
Subterranean, semi-subterranean parking structures, basements,
and other subterranean facilities may not project into any
portion of the required unexcavated areas. At least 50 percent
of the surface areas of the required unexcavated areas shall be
landscaped pursuant to the provisions of Subchapter 5B.
(b) On any lot in a residential District that has a width
of less than 50 feet, there shall be provided and maintained an
unexcavated area along the entire length of the front property
line equal in area to at least 50 percent of the required front
yard setback, except to the extent necessary to provide parking
access pursuant to Municipal Code section 9044.8. Subterranean,
semi-subterranean parking structures, basements, and other
subterranean facilities may not project into any portion of the
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required unexcavated area. No side yard setback for subterranean
or semi-subterranean parking structures or basements is required;
however, at least 50 percent of the surface area of one required
sideyard shall be landscaped. The required landscaped area may
be located in any arrangement within one or both required side
yard setbacks.
SECTION 3. Required Landscape Area for Building sites.
(a) On any lot having a width of 50 feet or greater which
is located in any residential District, including the RVC
District, a minimum of 50 percent of the required front yard
setback shall be landscaped.
(b) On any lot having a width of less than 50 feet and
greater than 30 feet which is located in any residential
District, including the RVC District, a minimum of 50 percent of
the non-driveway areas within the required front yard setback
shall be landscaped.
(c) On any lot having a width of 30 feet or less which is
located in any residential District, including the RVC District,
all areas within the required front yard setback not used for
driveway or walkway purposes shall be landscaped, exclusive of
any permitted building projections.
SECTION 4. Subterranean
subterranean parking structures
maintained as follows:
(a) All openings for ingress and egress facing the front
parcel line shall be situated at or behind the front building
Parkinq
shall be
structures.
constructed
All
and
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line of the main building. There shall be no more than two (2)
openings facing the front parcel line for each main building.
(b) A subterranean parking structure may be constructed
and maintained in any required yard area except in the required
unexcavated areas of the front and side yards.
SECTION 5. Semi-Subterranean Parkinq Structures. A
parking structure shall be considered to be semi-subterranean if
the structure is partially underground and if the finished floor
of the first level of the building or structure above the parking
structure does not exceed three (3) feet above the average
natural or existing grade of the lot, except for openings for
ingress and egress. A semi-subterranean parking structure shall
not be counted as a floor or story for calculating building
height. All semi-subterranean parking structures shall be
constructed and maintained as follows:
(a) All openings for ingress and egress facing the front
parcel line shall be situated at or behind the front building
line of the main building. There shall be no more than two (2)
openings facing the front parcel line for each main building.
(b) A subterranean parking structure may be constructed
and maintained in any required yard area except in the required
unexcavated areas of the front and side yards.
(c ) Exits from any semi -subterranean parking structure
shall provide sight distances which comply with standards
established by the parking and Traffic Engineer.
SECTION 6.
policy set forth
Applicability. The City Council adopted the
in this Ordinance on June 4, 1991. Any
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development applied for after June 4, 1991, and not approved on
the effective date of this Ordinance, shall be conditioned to
comply with this ordinance.
SECTION 7. This Ordinance is declared to be an urgency
ordinance adopted according 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 8. This Ordinance shall be of no further force and
effect on May 1~, 1993 unless it is extended pursuant to Section
9120.6 of the Municipal Code.
SECTION 9. 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 10. 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 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 invalid or unconsti tutional without regard to whether
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any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 11. 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 immediately upon its adoption.
APPROVED AS TO FORM:
~~.
ROBERT M. HYERS
City Attorney
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Adopted and approved this 9th day of June, 1992.
I hereby certify that the foregoing Ordinance No. 1632(CCS)
was duly and regularly introduced at a meeting of the Ci ty
Council on the 9th day of June 1992; that the said Ordinance was
thereafter duly adopted at a meeting of the City Council on the
9th day of June 1992 by the following Council vote:
Ayes: Councilmembers: Abdo, Genser, Holbrook, Katz,
Olsen, Vazquez, Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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