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O1632 e e 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 - 1 - - - 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. - 2 - e e 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 - 3 - e e 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 - 4 - e e 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 - 5 - e e 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 - 6 - e e 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 ~ - 7 - no e e 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: ~/ ....... - / /1 ~%:'?,;.~ 'i~~ 'la~/L4LL~ . ci 1::1" Cle-rk~ - / -