O2036
f:\atty\muni\/aws\barry\T A00003hazViewSupI2-1.doc
City Council Meeting 2-26-02
Santa Monica, California
ORDINANCE NUMBER 2036 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.10.02.080 AND
9.04.10.02.090 RELATING TO HAZARDOUS VISUAL OBSTRUCTIONS
WHEREAS, the City's Zoning Ordinance establishes Hazardous Visual
Obstruction zones; and
WHEREAS, a Hazardous Visual Obstruction zone is a triangular area that
starts five feet before the point a driveway intersects a sidewalk, street, or alley and
extends five feet on each side of the driveway; and
WHEREAS, the Zoning Ordinance presently requires that the Hazardous Visual
Obstruction zones adjacent to a driveway be unobstructed; and
WHEREAS, the purpose of the standards governing encroachments into the
five-foot Hazardous Visual Obstructions area is to provide a reasonable sight corridor
so motorists can see, as well as be seen by, converging pedestrians and/or vehicles;
and
WHEREAS, minor encroachments into the five-foot Hazardous Visual
Obstruction area by low curbs, low planter walls, low vegetation, or a narrow column is
consistent with the Hazardous Visual Obstruction standard provided the
encroachment does not significantly obstruct a driver's view; and
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WHEREAS, this ordinance would allow driveway curbs, low planter walls and
landscaping not more than 24 inches in height within the five-foot Hazardous Visual
Obstruction area; and
WHEREAS, the Zoning Administrator and Transportation Planning Manager
may approve additional encroachments into the obstruction area providing detailed
findings are made that the encroachment is safe and there are special circumstances
justifying the encroachment allowance; and
WHEREAS, on December 6, 2000 the Planning Commission conducted a
public hearing to adopt a Resolution of Intention which stated the Commission's
intention to modify Santa Monica Municipal Code Sections 9.04.10.02.090 and
9.04.10.02.080 pertaining to Hazardous Visual Obstructions; and
WHEREAS, on January 10 and June 6, 2001, the Planning Commission held
public hearings on these proposed zoning text amendments; and
WHEREAS, the Planning Commission forwarded a recommendation to the City
Council to adopt zoning ordinance text amendments to modify Hazardous Visual
Obstruction requirements to allow driveway curbs, low planter walls, and landscaping
within the Hazardous Visual Obstruction area; and
WHEREAS, the City Council held a public hearing on the proposed Zoning
Ordinance Text Amendments on November 13, 2001; and
WHEREAS, the City Council directed staff to develop an alternative method to
modify the Hazardous Visual Obstruction requirement for detached garages located in
the R1 District that are accessed from the alley and this ordinance has been modified
in accordance with City Council direction; and
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WHEREAS, the City Council held a public hearing on the proposed Zoning
Ordinance Text Amendments, as modified, on February 12, 2001; and
WHEREAS, the proposed amendments are consistent in principle with the
goals, objectives, policies, land uses, and programs specified in the adopted General
Plan, specifically Land Use Element Objection 1.2 which states that the City's land use
policies should "ensure compatibility of adjacent land uses, with particular concern for
protecting residential neighborhoods;" and
WHEREAS, the proposed amendments will allow for the orderly development
of the City while improving public safety between adjacent uses; and
WHEREAS, the proposed amendments are also consistent with General Plan
Land Use Objective 3.3 to enhance pedestrian scale and character of streets; and
WHEREAS, the proposed amendments are further consistent with Circulation
Element Objective 4.6 to protect and encourage non-motorized transportation, in that
the proposed ordinance encourages pedestrian and vehicular safety at intersections
and allowing additional landscaping enhances the pedestrian experience further
encourages pedestrian activity; and
WHEREAS, the City Council finds and declares that the public health, safety
and general welfare require the adoption of the proposed amendments to the Zoning
Ordinance since the Hazardous Visual Obstruction design requirements improve
public safety by ensuring that the visibility of automobiles entering or exiting an alley,
driveway, parking lot, or vehicle accessway is not impaired and that there are no
unnecessary hazards blocking the view of pedestrians lawfully using an adjacent right-
of-way,
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NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS:
SECTION. 1. Santa Monica Municipal Code Section 9.04.10.02.080 is hereby
amended to read as follows:
9.04.10.02.080 Fence, wall, hedge, flagpole,
Subject to the Hazardous Visual Obstruction requirements of
Section 9.04.10.02.090, any fence, wall, hedge, or flagpole shall comply
with the following standards:
Fences, walls, or hedges shall not exceed eight feet in
height when located in a required side yard or rear yard.
(b)(1) Fences, walls or hedges shall not exceed forty-two inches
in height when located in a required front yard.
(2) A front yard chain link fence for a school may be up to
eight feet in height.
Fence, wall or hedge height shall be measured from the
existing grade. In all cases, the fence, wall or hedge height shall be
measured in a continuum at each point along the fence, wall or hedge.
Freestanding flagpoles may not exceed the height
restrictions of the district in which they are located.
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SECTION 2. Santa Monica Municipal Code Section 9.04.10.02.090 is hereby
amended to read as follows:
9.04.10.02.090 Hazardous Visual Obstructions.
(a) Notwithstanding Section 9.04.10.02.080, no person shall permit
any obstruction, including, but not limited to any fence, wall, hedge, tree,
or landscape planting to obscure or block the visibility of vehicles entering
or exiting an alley, driveway, parking lot, street intersection, or other
vehicle right-of-way or to constitute an unreasonable and unnecessary
hazard to persons lawfully using an adjacent pedestrian or vehicle right-of-
way. In addition, no obstruction shall be located less than five (5) feet
from the intersection of the parcel line with a driveway or garage door, or
the intersection of parcel lines adjacent to street or alley intersections
unless the obstruction is either less than twenty-four inches (24") above
the adjacent vehicle right-of-way or is authorized pursuant to subsection
(b) of this Section No development shall be allowed if it would otherwise
cause an existing obstruction to be in violation of this subsection (a)
unless the obstruction is either less than twenty-four inches (24") above
the adjacent vehicle right-of-way or the obstruction or development is
authorized pursuant to subsections (b) or (c) of this Section.
(b) The Zoning Administrator and Transportation Planning Manager
may approve encroachments into the five foot hazardous visual area in
addition to those specified in subsection (a) of this Section when the
property owner submits a written request and satisfactory evidence that:
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There are special circumstances or exceptional
characteristics applicable to the property, including size, shape,
topography, location, or surroundings that do not apply to other properties
in the vicinity which unreasonably restricts an owner's ability to comply
with subsection (a) of this Section; and
(2) The proposed encroachment will be designed to maintain
adequate sight view and/or provide other design elements, such as the
use of mirrors and speed bumps and will not constitute a hazard to
persons lawfully using an adjacent sidewalk, alley, street, or other right-of-
way; and
(3) The strict application of the provisions of this Chapter would
result in practical difficulties or unnecessary hardships, not including
economic difficulties or economic hardships, or would result in
unreasonable deprivation of the use or enjoyment of the property; and
(4) The granting of the encroachment will not be contrary to or in
conflict with the general purposes and intent of this Chapter, nor to the
goals, objectives, and policies of the General Plan.
The Zoning Administrator and Transportation Manager may
during the plan check process approve a detached garage located in the
R 1 District with alley access even if this garage would cause an existing
obstruction to be located in the Hazardous Visual Obstruction area if the
garage will be designed to maintain adequate sight view and/or provide
other design elements, such as the use of mirrors and speed bumps and
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will not constitute a hazard to persons lawfully using an adjacent sidewalk,
alley, street, or other right-of-way.
SECTION 3. 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 4 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 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 5. 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 30 days from its adoption.
APPROVED AS TO FORM:
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Adopted and approved this 26th day of February, 2002.
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State of California )
County of Los Angeles) ss,
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2036 (CCS) had it's introduction on February 12, 2002 and
was adopted at the Santa Monica City Council meeting on February 26, 2002 by the
following vote:
Ayes: Council members: Holbrook, O'Connor, Bloom, Genser, Mayor Pro Tem
McKeown, Mayor Feinstein
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Katz
ATTEST:
~~.~~
Maria M. Stewart, City Clerk
RESOLUTION NO. 9747 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING NEW
CLASSIFICATIONS AND ADOPTING SALARY RATES FOR
EXECUTIVE ADMINISTRATIVE ASSISTANT - HUMAN RESOURCES, MOTOR COACH
AND FACILITIES SERVICES SUPERVISOR, PIER AND HARBOR SERVICES OFFICER,
POLICE PERSONNEL SERVICES TECHNICIAN, SENIOR ACCOUNTANT, TRAFFIC
SERVICES SUPERVISOR, TRANSIT FINANCE SUPERVISOR, TRANSIT MAINTENANCE
TRAINING COORDINATOR, TRANSPORTATION ENGINEER, WATER METER
TECHNICIAN
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS.
SECTION 1 The following monthly salary levels are hereby established, effective
July 1,2001, for the indicated permanent classifications:
EXECUTIVE ADMINISTRATIVE ASSISTANT -
HUMAN RESOURCES
MOTOR COACH AND FACILITIES SERVICES
SUPERVISOR
PIER AND HARBOR SERVICES OFFICER
POLICE PERSONNEL SERVICES TECHNICIAN
SENIOR ACCOUNTANT
TRAFFIC SERVICES SUPERVISOR
TRANSIT FINANCE SUPERVISOR
$4,264/Month Step 5
($4,562/Month with PERS)
$4, 164/Month Step 5
($4,455/Month with PERS)
$3,590/Month Step 5
($3,841/Month with PERS)
$3,867/Month Step 5
($4, 138/Month with PERS)
$5,325/Month Step 5
($5,698/Month with PERS)
$4,498/Month Step 5
($4,813/Month with PERS)
$6, 170/Month Step 5
($6,602/Month with PERS)
TRANSIT MAINTENANCE TRAINING
COORDINATOR
$5,330/Month Step 5
($5,703/Month with PERS)
TRANSPORTATION ENGINEER
$6,948/Month Step 5
($7,434/Month with PERS)
WATER METER TECHNICIAN
$3,547/Month Step 5
($3,795/Month with PERS)
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9747 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 26th of February, 2002 by
the following vote:
Ayes: Council members:
Holbrook, O'Connor, Bloom, Genser, Mayor
Pro Tem McKeown, Mayor Feinstein
Noes: Council members:
None
Abstain: Council members:
None
Absent: Council members:
Katz
ATTEST:
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Maria Stewart, City Clerk