O1672
CA:RMM:rmd1245/hp/pc
City Council Meeting 3-16-93
Santa Monica, California
ORDINANCE NUMBER 1672(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-l ZONE DISTRICT 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.
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(d) The construction of subterranean garages and basements
that extend beyond the footprint of structures into 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) 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-l Zone
District.
(i) To address the concerns described above, on January 9,
1990 the city council adopted Ordinance Number 1508 (CCS) for a
period of ten months and fifteen days. On April 16, 1991 the
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City Council adopted Ordinance Number 1581 (CCS) extending the
provisions of the moratorium for a period of two years.
Ordinance Number 1581 (CCS) is due to expire on April 16, 1993.
Revisions to the R1 Single Family District development
regulations have been in progress since 1991. In October 1992, a
Planning commission staff report was circulated on the revisions,
including standards replacing those of Ordinance Number
1581(CCS). In January 1993, the Planning commission held a
public hearing regarding the revised R1 standards, and
recommended adoption of the revisions to the city Council. In
February 1993 the City Council held a public hearing regarding
the revisions, and gave direction to staff to return a revised
Ordinance for first reading. It is anticipated that the R1
Ordinance will be considered by the City council within the next
few months. pending adoption of permanent revisions to the R1
standards, it is necessary to extend the provision of Ordinance
Number 1581 (CCS) for the reasons set forth above.
SECTION 2. Moratorium.
(a) A moratorium is hereby placed on the acceptance for
processing of any applications for approval of planning,
building, 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
applications filed after November
directed to disapprove
14, 1989, for approval
all
of
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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 was initially adopted by
Ordinance Number 1508 (CCS) on January 9, 1990, for a period of
ten months and fifteen days. On April 16, 1991 the City Council
adopted Ordinance Number 1581 (CCS) extending the provisions of
the moratorium for a period of two years. The purpose of this
Ordinance is to extend the provisions of Ordinance Number 1581
(CCS). This Ordinance shall be of no further force or effect one
year from its date of 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
9.04.20.16.060 of the Santa Monica Municipal Code and Section 615
of the Santa Monica City Charter. There is a current and
immediate threat to the public health, safety, and welfare. It
is necessary for preserving the public peace, health, safety, and
welfare 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 effect the provisions of this Ordinance.
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SECTION 6. 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 unconstitutional 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:
i
I
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Adopted and approved this 16th day of March, 1993.
~ /J ~~or
I hereby certify that the foregoing Ordinance No. l672(CCS)
was duly and regularly introduced at a meeting of the City
council on the 16th day of March 1993; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 16th day of March 1993 by the following Council vote:
Ayes: Councilmembers: Abdo, Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
Vazquez
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
k~<tJ~
.--- City Cler