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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 1 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 2 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, 3 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. 4 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: 5 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 6 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. 7 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: 8 Adopted and approved this 26th day of February, 2002. /~ 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: ~~~. ~ u."J Maria Stewart, City Clerk