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SR-6-B (30) . . 6 -8 - - - 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 6-.1 OCT 2 3 19~O . 1 . . . 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 - 1 - -- - . , street frontage of the parcel shall be provided adj a- . 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 - 2 - - - . wi not be detrimental or injurious to property and im- "t 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. - 3 - . .. > 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: ~'--.~ ~ - ROBERT M. MYERS city Attorney PCjTAORD - 4 - --- . .. 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: ~w/~ -- - Ci ty Cler~ - -- -- -- ---