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CA:RMM:rmdl186/hpcal OCT 2. 3 1990
City Council Meeting 10-23-90 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending santa Monica Municipal code
Section 9041.6 to Allow the Construction of
Buildings on the Street Property Line for the
First Two Floors
At its meeting on October 9, 1990, the City Council
introduced for first reading an ordinance amending Santa Monica
Municipal Code section 9041. 6 to allow the construction of
buildings on the street property line for the first two floors.
The ordinance is now presented to the City council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, city Attorney
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OCT 2 3 19~O
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. C/ED:PB:DM Santa Monica, California
PC/TAORD
Council Mtg: October 23, 1990
ORDINANCE NUMBER l553(CCS)
(City Council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 904l.6 TO ALLOW THE
CONSTRUCTION OF BUILDINGS ON THE STREET PROPERTY LINE FOR THE
FIRST TWO FLOORS.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9041.6 is
amended to read as follows:
section 9041. 6 Required Landscape Area for Building
Sites.
(a) In all residential districts, including in Rl and
R2R districts, but excluding the Op-l, OF-Duplex, OP-2,
OP-3, and OP-4 Districts, a minimum of 50% of the
required front yard setback shall be landscaped. In
OP-I, OP-2, OP-3 and OP-4 Districts, all areas not
covered by sidewalks, driveways, porches, garages, or
buildings, shall be treated as landscaped area, 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
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street frontage of the parcel shall be provided adj a-
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cent to each public street right-of-way. The required
area may be provided in any configuration except 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 land-
scape 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 9041. 6 (b) would result in pract ieal difficul-
ties 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 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
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not be detrimental or injurious to property and im-
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provements 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-oi-way except in required driveway or
other access areas.
SECTION 2. 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 af-
fect the provisions of this ordinance.
SECTION 3. 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 de-
clared invalid or unconstitutional without regard to whether any
portion of the Ordinance would be subsequently declared invalid
or unconstitutional.
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> SECTION 4. 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 pub 1 ished once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
PCjTAORD
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Adopted and approved this 23rd day of October, 1990.
D~ ~ ~
Mayor
I hereby certify that the foregoing Ordinance No. l553 was
duly and regularly introduced at a meeting of the City Council on
the 9th day of October 1990; that the said Ordinance was
thereafter duly adopted at a meeting of the City Council on the
23rd day of October 1990 by the following Council vote:
Ayes: Councilmembers: Abdo, Finkel, Genser, Katz, Mayor
Zane
Noes: Councilmembers: none
Abstain: Councilmembers: none
Absent: Councilmembers: Jennings, Reed
ATTEST:
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