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
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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
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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.
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(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
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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
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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
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(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
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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.
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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.
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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
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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:
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~ City Clerk