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O1706 CA:MHS:unexc.ord\wp\pc\df Santa Monica, California city council Meeting 9-28-93 ORDINANCE NUMBER 1706 (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING VARIOUS SANTA MONICA MUNICIPAL CODE SECTIONS RELATING TO PERMITTED ENCROACHMENT INTO REQUIRED UNEXCAVATEO FRONT AND SIDE YARD SETBACKS WHEREAS, the Planning Commission of the City of Santa Monica held a duly noticed public hearing on June 2, 1993 and recommended that various provisions of the Zoning Ordinance be amended regarding unexcavated areas in yards in various zoning districts; landscaping requirements for front and side yards in all residential districts and in the RVC district; and restrictions on encroachment into the unexcavated area in front yards for subterranean garages and semi-subterranean garages; and WHEREAS, the City Council held a duly noticed public hearing concerning the proposed amendments and finds that the proposed amendments are consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, in that the amendments are consistent with Land Use and Circulation Element Objective 1.10, which states that the City 1 should expand the opportunity for residential land use while protecting the scale and character of residential neighborhoods; and WHEREAS, the City Council finds that the public health, safety, and general welfare require the adoption of the proposed amendment, in that the amendment requires good land development by maintenance of adequate drainage and groundwater percolation capability, as well as enhancing the aesthetic appearance of development in all areas of the City by providing standards for quality, quantity, and functional aspects of landscaping; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code section 9.04.10.02.170 is amended to read as follows: 9.04.10.02.170 Unexcavated area in yard areas. (a)(l) On any parcel having a width of 50 feet or greater in a residential district or in RVC or BCD Districts, when its sideyard abuts a residential district, there shall be provided and maintained an unexcavated area equal in area to at least 50 percent of the 2 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 9.04.10.08.080 and section 9.04.10.08.090. (2) On any commercial or industrial parcel which directly abuts a residentially zoned parcel not used for commercial parking purposes, there shall be provided and maintained an unexcavated area within the abutting yard equal to 50 percent of the area of the required yard which abuts the residential parcel. (b) For parcels in excess of 70 feet in width, in residential districts, or in RVC or BCD districts, when its sideyard abuts a residential district, 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. (c) At least 50 percent of the surface areas of the required unexcavated areas shall be landscaped pursuant to the provisions of Part 9.04.10.04. 3 (d) Subterranean, semi-subterranean parking structures, basements, and other subterranean facilities may not project into any portion of the required unexcavated areas. SECTION 2. Santa Monica Municipal Code section 9.04.10.04.060 is amended to read as follows: 9.04.10.04.060 Required landscape area for building sites. (a) In all residential districts, including the RVC District, a minimum of 50% of the required front and side yard setback shall be landscaped, except that for parcels less than 50 feet in width, 50% of one side yard shall be landscaped. In OP-1, OP-2, OP- 3, and OP-4 Districts, all areas not covered by sidewalks, driveways, porches, garages, or buildings, shall be treated as landscaped areas, as defined in this Chapter. (b) In the C2, C3, C3C, C4, C6 and BCD Districts, a landscape area equal in square footage to 1.5 times the street frontage of the parcel shall be provided adjacent to each public street right-of-way. The required area may be provided in any configuration except 4 that no portion of the building shall be located between the landscape area and the public right-of-way and only areas within 10 feet of the parcel line shall count toward this requirement. For purposes of this section, landscape areas shall be considered to be in-ground planters and shall not include hardscape. The landscape requirements for the C2, C3, C3C, C4, C6 and BCD Districts may be modified subject to the review and approval of the Architectural Review Board if the Board ,determines that an alternative landscape configuration would meet the objectives of this requirement. The Architectural Review Board may require either more or less landscaping than would otherwise be required by this Chapter if the following findings are made: 1. That the strict application of the provisions of Section 9.04.10.04.060 (b) would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the Santa Monica Municipal Code and the Land Use Element or that there are exceptional circumstances or conditions applicable to the proposed project 5 that do not apply generally to other sites covered by the Section. 2. That the granting of a Landscape Setback Adjustment would not adversely affect public welfare, and would not be detrimental or injurious to property and improvements in the surrounding area. (c) For all new construction or major remodeling in the C5 Special Office District, a landscaped area at least 15 feet wide shall be provided and maintained immediately adjacent to all property lines adjacent to streets or rights-of-way except in required driveway or other access areas. SECTION 3. Santa Monica Municipal Code section 9.04.10.08.200 is amended to read as follows: 9.04.10.08.200 structures. A parking structure shall be considered to be subterranean if the structure is entirely underground. All subterranean parking structures shall be constructed and maintained as follows: Subterranean parkinq 6 (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. (c) Exits from any subterranean parking structure shall provide sight distances which comply with standards established by the Parking and Traffic Engineer. SECTION 4. Santa Monica Municipal Code section 9.04.10.08.210 is amended to read as follows: 9.04.10.08.210 Semi-subterraneanparkinq 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 7 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 lot line shall be situated at or behind the front building line of the main building, except for the OP-1, OP-Ouplex, OP- 2, OP-3, and OP-4 Districts where front yard setback standards apply. There shall be no more than two (2) openings facing the front lot line for each main building. (b) On lots having a width of 50 feet or greater, a semi-subterranean parking structure may be constructed and maintained in any required side or rear yard area except in a required unexcavated area, and shall not be located in a required front yard. (c) On lots less than 50 feet in width, a semi-subterranean parking structure may extend to both side property lines and to the rear property line, but may not extend into a required front yard. 8 established Engineer. Exi ts from any semi -subterranean structure shall provide sight which comply with standards by the Parking and Traffic (d) parking distances SECTION 5. Ordinance Number 1675(CCS) is hereby repealed. SECTION 6. 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 7. 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. 9 SECTION 8. 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 be effective 30 days from its adoption. APPROVED AS TO FORM: ~~ JOSEPH LAWRENCE Acting City Attorney 10 Adopted and approved this 28th day of September ,1993. ~1! I hereby certify that the foregoing Ordinance No. 1 7 0 6 was duly and regularly introduced at a meeting of the City Council on the 21st day of September 1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the ?Ht-h day of September ,1993 by the following vote: AYES: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez NOES: ABSTAIN: ABSENT: ATIEST: ~$/ft/~ ~ City Clerk