SR-8-C (96)
LUTM:PB:DKW:SLL/ccunexc.pcword.plan
Council Mtg: June 2, 1992
i-c
JUN 2 199L
Santa Monica, california
JUN Q ~(lO"
<f 'v.Ji.
TO:
Mayor and City council
FROM:
City staff
SUBJECT:
Adoption of an
Standards Relating
Unexcavated Areas
Setbacks
Emergency Ordinance
to Landscaping
Within the Front
Establishing
and Required
and Side Yard
INTRODUCTION
This report recommends that the City Council adopt, with
modifications, the attached Interim Ordinance which establishes
new standards requiring, with certain exceptions: an unexcavated
area within the front 50% of the required front yard in a
residential or BCD District or on any commercial or industrial
lot abutting a residentially zoned lot; that 50% of the required
front yard setback in all residential Districts, including the
RVC District, be landscaped; limits on the location of
subterranean and semi-subterranean garages and openings therein;
that at least 50% of the required unexcavated yard areas be
landscaped; and, that at least 50% of one of the required
sideyards be landscaped on residential lots narrower than 50
feet.
staff is recommending the adoption of the ordinance as
drafted, with a change deleting the requirement to provide the
unexcavated front yard area along the front of the property.
R-c.
- 1 -
JUN 2 195J
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l) 1!"~!'1'!
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BACKGROUND
Prior city council Action
On May 12, 1992, the City Council enacted an emergency ordinance,
Ordinance No. 1627 (City Council Series), in response to
increasing numbers of developments not containing adequate
unexcavated and unencumbered soil and the subsequent related
potential for inadequate water drainage and percolation and
unsuccessful landscaping.
Expiration of Ordinance
Ordinance No. 1627 (CCS) will expire on June 26, 1992. The
proposed Ordinance (Attachment A) has been revised for purposes
of clarification and consistency from its original adopted form
(Attachment C). The proposed ordinance is necessary to extend
the provisions of Ordinance No. 1627 (CCS) for a period of ten
months and 15 days, pursuant to Santa Monica Municipal Code,
Section 9120.6(a). During this period, permanent ordinance
changes will be developed.
Proposed Revisions to Ordinance 1627 (CCS)
Section 2(b) has been revised to remove language relating to the
applicability threshold of three units or more. In revising this
Section, staff attempted to determine the rationale in the
current Zoning Ordinance for retaining an exemption solely in the
OP Districts for projects of less than three units and was unable
to do so. Therefore, in the interest of consistency of
- 2 -
administration, the proposed Ordinance requires that any lot in a
residential District with a width of less than 50 feet provide an
un excavated area of at least 50% of the required front yard along
the entire length of the front property line. However, if the
council determines that it is necessary to establish an exemption
for one and two-unit projects in the OP Districts on lots
narrower than 50 feet, an appropriate Ordinance is attached
(Attachment B).
section 3 has been revised to include the OP Districts and the
RVC District in the requirement that, along with all other
residential Districts, a minimum of 50% of the required front
yard setback be landscaped.
other changes to the Ordinance are minor in nature and serve to
improve the clarity and internal consistency of the Ordinance,
rather than to present substantive change.
staff Proposed Changes to Ordinance
Planning staff recommends additional changes be made to the
Ordinance as relates to the configuration of the required 50%
unexcavated front yard. The Ordinance currently requires that
this 50% unexcavated area be provided along the entire length of
the front property line in a uniform line. In most cases, this
would require that the front lO feet of a property be required to
remain unexcavated, with the exception of required driveways.
staff proposes an alternative which would provide greater design
flexibility for provision of subterranean parking for projects.
- 3 -
The alternative would require that at least 50% of the required
front yard be unexcavated without requiring that the area be
provided along the front half of the required front yard. Staff
believes this alternative is preferable for several reasons:
Parking requirements often pose a constraint on the
number and/or size of residential units permitted to be
developed on a site. Particularly in light of the
recent Proposition R Ordinance requirements for on-site
inclusionary housing, it may become a trend that
increasing numbers of projects elect to apply the state
density bonus, in which case parking becomes an even
more crucial development constraint. A simple 50%
requirement would allow more flexibility in
subterranean parking design.
The flexible placement of the 50% unexcavated front
yard area would enhance the overall percolation and
drainage capacity of City soils above the proposed
Ordinance because it would not allow the exemption of
required driveway areas within the front yard.
The flexible arrangement of the front unexcavated area
would permit correspondingly greater flexibility of
landscape design, particularly as relates to the
placement of mature trees. In this manner, the
Architectural Review Board would have greater
discretion in requiring specimen trees and other
deep-rooted landscaping to be placed closer to the
- 4 -
front building facade when deemed appropriate in
relation to the project design. In contrast, the
Ordinance as currently prepared would result in most of
the mature trees or deep-rooted landscaping being
located in the front half of the required front yard.
In terms of landscape design, placement of larger trees
is generally most appropriate closer to the building.
In order to
above, the
required:
implement Staff's proposed revision as
following revisions to the Ordinance
described
would be
in Section 2(a), delete the words "along the entire length
of the front property line" and "except to the extent
necessary to provide parking access pursuant to Municipal
Code Section 9044.8 and Section 9044.9."; and
in section 2(b), delete the words "along the entire length
of the front property line" and lIexcept to the extent
necessary to provide parking access pursuant to Municipal
Code section 9044.8."
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
- 5 -
RECOMMENDATION
It is respectfully recommended that the Council adopt the
attached Interim Ordinance (Attachment A) which does not include
an exemption for one and two-unit projects in the OP District and
further recommends that the Council direct the City Attorney to
incorporate the following changes to the Ordinance:
in section 2(a), delete the words lIalong the entire length
of the front property linell and ttexcept to the extent
necessary to provide parking access pursuant to Municipal
Code Section 9044.8 and Section 9044.9.", and
in Section 2(b), delete the words "along the entire length
of the front property line" and tlexcept to the extent
necessary to provide parking access pursuant to Municipal
Code section 9044.8."
Prepared by: D. Kenyon Webster, Planning Manager
Shari Laham, Senior Planner
Planning Division
Land Use and Transportation Management Department
Attachments: A.
B.
C.
Proposed Interim Ordinance without OP exemption
Proposed Interim Ordinance with OP exemption
Ordinance No. 1627 (CCS)
DKW: SLL
PC/CCUnexc
OS/26/92
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CA:RMM:cbdoc012/hpwd/city
City council Meeting June 2, 1992
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RELATING TO PERMITTED
ENCROACHMENT INTO REQUIRED UNEXCAVATED PORTIONS OF
REQUIRED FRONT AND SIDE YARD SETBACKS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and purpose. The city Council finds
and declares:
(a) The landscaping standards contained in the City of
Santa Monica Comprehensive Land Use and zoning Ordinance are
intended to preserve and protect the public health, safety and
welfare through the maintenance of adequate drainage and
groundwater percolation capability, as well as to enhance the
aesthetic appearance of development in all areas of the City by
providing standards for quality, quantity, and functional aspects
of
landscaping
and
landscape
screening
consistent
with
Architectural Review Board Guidelines, and the goals, objectives,
and policies of the General Plan.
(b) In the recent past, the pace and density of
development in the City has accelerated, and developers have
increasingly excavated parcels and encumbered the soil with
subterranean and semi-subterranean structures which impede
- 1 -
adequate drainage and percolation and detrimentally impact the
long term success of landscaping required by the zoning
Ordinance.
(c) Only unexcavated and unencumbered soil can adequately
provide for the water drainage and percolation and landscaping
required to preserve and protect the public health, safety and
welfare.
(d) In response to an immediate threat to the public
health, safety and welfare from increasing numbers of
developments not containing adequate unexcavated and unencumbered
soil, on May 12, 1992, the city Council enacted an emergency
ordinance, Ordinance No. 1627 (City Council Series) so as to
preserve and protect the public health, safety, and welfare.
Ordinance No. 1627, will expire on June 26, 1992.
(e) There exists an immediate threat to the public
health, safety and welfare, through development which does not
provide for adequate water drainage and percolation and
successful landscaping, and approval of additional subdivisions,
use permits, variances, building permits, or any other applicable
entitlement for use which is required in order to comply with a
zoning ordinance without providing with same, would result in a
threat to public health, safety, and welfare.
(f) In order to preserve and protect the public health,
safety and welfare from the increasing number of developments
that are being proposed which do not contain adequate unexcavated
and unencumbered soil, it is necessary to extend Ordinance No.
1627 pursuant to SMMC ~ 9120.6(a) for a period of ten months and
fifteen days through May 12/ 1993.
- 2 -
SECTION 2. Un excavated Area and Landscapinq in Front and
Side Yards.
(a) Any lot having a width of 50 feet or greater which is
located in a residential or BCD District or which is a commercial
or industrial lot directly abuting a residentially zoned lot not
used for commercial parking purposes, shall have provided and
maintained an unexcavated area along the entire length of the
front property line equal in area to at least 50 percent of the
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 9044.8 and section 9044.9. For lots in
excess of 70 feet in width, 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.
Subterranean, semi -subterranean parking structures, basements,
and other subterranean facilities may not project into any
portion of the required unexcavated areas. At least 50 percent
of the surface areas of the required unexcavated areas shall be
landscaped pursuant to the provisions of Subchapter 5B.
(b) On any lot in a residential District that has a width
of less than 50 feet, there shall be provided and maintained an
un excavated area along the entire length of the front property
line equal in area to at least 50 percent of the required front
yard setback, except to the extent necessary to provide parking
access pursuant to Municipal Code Section 9044.8. Subterranean,
semi-subterranean parking structures, basements, and other
subterranean facilities may not project into any portion of the
- 3 -
required unexcavated area. No side yard setback for subterranean
or semi-subterranean parking structures or basements is required;
however, at least 50 percent of the surface area of one required
sideyard shall be landscaped. At least 50 percent of the surface
areas of the unexcavated areas shall be landscaped pursuant to
the provisions of Subchapter 5B.
SECTION 3. Required Landscape Area for Building sites. In
all residential Districts, including the RVC District, a minimum
of 50 percent of the required front yard setback shall be
landscaped.
subterranean parking
maintained as follows:
(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 of the front and side yards.
(c) Exits from any subterranean parking structure shall
provide sight distances which comply with standards established
by the Parking and Traffic Engineer.
structures
Parking
shall be
structures.
constructed
All
and
SECTION 4.
Subterranean
SECTION 5. Semi -Subterranean Parkinq Structures. A
parking structure shall be considered to be semi-subterranean if
the structure is partially underground and if the finished floor
- 4 -
of the first level of the building or structure above the parking
structure does not exceed three (3) feet above the average
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
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 of the front and side yards.
(c) Exits from any semi-subterranean parking structure
shall provide sight distances which comply with standards
established by the Parking and Traffic Engineer.
SECTION 6. Applicability. The City Council adopted the
policy set forth in this Ordinance on June 4, 1991. Any
development applied for after June 4, 1991, and not approved on
the effective date of this Ordinance, shall be conditioned to
comply with this Ordinance.
SECTION 7. This Ordinance is declared to be an urgency
ordinance adopted according to the provisions of section 9120.6
of the Santa Monica Municipal Code and section 615 of the Santa
Monica City Charter. It is necessary for preserving the public
- 5 -
peace, health and safety, and the urgency for its adoption is set
forth in the findings above.
SECTION 8. This Ordinance shall be of no further force and
effect on May 13, 1993 unless it is extended pursuant to section
9120.6 of the Municipal Code.
SECTION 9. 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 affect the provisions of this Ordinance.
SECTION 10. 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 inval id or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
- 6 -
SECTION 11. 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 immediately upon its adoption.
APPROVED AS TO FORM:
~~.~ -
ROBERT M. MYERS
City Attorney
- 7 -
!3
CA:RMM:cbdoc008/hpwd/city
City Council Meeting June 2, 1992
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RELATING TO PERMITTED
ENCROACHMENT INTO REQUIRED UNEXCAVATED PORTIONS OF
REQUIRED FRONT AND SIDE YARD SETBACKS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The City Council finds
and declares:
(a) The landscaping standards contained in the City of
Santa Monica Comprehensive Land Use and Zoning Ordinance are
intended to preserve and protect the public health, safety and
welfare through the maintenance of adequate drainage and
groundwater percolation capability, as well as to enhance the
aesthetic appearance of development in all areas of the City by
providing standards for quality, quantity, and functional aspects
of
landscaping
and
landscape
screening
consistent
with
ArChitectural Review Board Guidelines, and the goals, objectives,
and policies of the General Plan.
(b) In the recent past, the pace and density of
development in the city has accelerated, and developers have
increasingly excavated parcels and encumbered the soil with
subterranean and semi-subterranean structures which impede
- 1 -
adequate drainage and percolation and detrimentally impact the
long term success of landscaping required by the Zoning
Ordinance.
(c) Only unexcavated and unencumbered soil can adequately
provide for the water drainage and percolation and landscaping
required to preserve and protect the public health, safety and
welfare.
(d) In response to an immediate threat to the public
heal th, safety and wel fare from increasing numbers of
developments not containing adequate unexcavated and unencumbered
soil, on May 12, 1992, the city council enacted an emergency
ordinance, Ordinance No. 1627 (City Council Series) so as to
preserve and protect the publ ic health, sa f ety , and wel fare.
Ordinance No. 1627, will expire on June 26, 1992.
(e) There exists an immediate threat to the public
heal th, safety and welfare, through development which does not
provide for adequate water drainage and percolation and
successful landscaping, and approval of additional subdivisions,
use permits, variances, building permits, or any other applicable
entitlement for use which is required in order to comply with a
zoning ordinance without providing with same, would result in a
threat to public health, safety, and welfare.
(f) In order to preserve and protect the public health,
safety and welfare from the increasing number of developments
that are being proposed which do not contain adequate un excavated
and unencumbered soil, it is necessary to extend Ordinance No.
1627 pursuant to SMMC ~ 9120.6(a) for a period of ten months and
fifteen days through May 12, 1993.
- 2 -
SECTION 2.
Un excavated Area and Landscaping in Front and
side Yards.
(a) Any lot having a width of 50 feet or greater which is
located in a residential or BCD District or which is a commercial
or industrial lot directly abuting a residentially zoned lot not
used for commercial parking purposes, shall have provided and
maintained an unexcavated area along the entire length of the
front property line equal in area to at least 50 percent of the
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 9044.8 and section 9044.9. For lots in
excess of 70 feet in width, 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.
Subterranean, semi-subterranean parking structures, basements,
and other subterranean facilities may not project into any
portion of the required unexcavated areas. At least 50 percent
of the surface areas of the required unexcavated areas shall be
landscaped pursuant to the provisions of Subchapter 5B.
(b) On any lot in a residential District, except the OP
Districts, that has a width of less than 50 feet, there shall be
provided and maintained an unexcavated area along the entire
length of the front property line equal in area to at least 50
percent of the required front yard setback, except to the extent
necessary to provide parking access pursuant to Municipal Code
section 9044.8. Subterranean, semi-subterranean parking
structures, basements, and other subterranean facilities may not
- 3 -
project into any portion of the required unexcavated area. No
side yard setback for subterranean or semi-subterranean parking
structures or basements is required; however, at least 50 percent
of the surface area of one required sideyard shall be landscaped.
At least 50 percent of the surface areas of the unexcavated areas
shall be landscaped pursuant to the provisions of Subchapter 5B.
(c) On any lot in any OP District that has a width of less
than 50 feet, and which is developed with at least three (3)
units, there shall be provided and maintained an unexcavated area
along the entire length of the front property line equal in area
to at least 50 percent of the required front yard setback, except
to the extent necessary to provide parking access pursuant to
Municipal Code Section 9044.8. Subterranean, semi-subterranean
parking structures, basements, and other subterranean facilities
may not project into any portion of the required unexcavated
area. No side yard setback for subterranean or semi-subterranean
parking structures or basements is required; however, at least 50
percent of the surface area of one required sideyard shall be
landscaped. At least 50 percent of the surface areas of the
unexcavated areas shall be landscaped pursuant to the provisions
of Subchapter 5B.
SECTION 3. Required Landscape Area for Buildinq sites. In
all residential Districts, including the RVC District, a minimum
of 50 percent of the required front yard setback shall be
landscaped.
- 4 -
SECTION
4.
subterranean
Parkinq
shall be
structures.
All
subterranean parking structures
maintained as follows:
(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 of the front and side yards.
(c) Exits from any subterranean parking structure shall
provide sight distances which comply with standards established
by the Parking and Traffic Engineer.
constructed
and
SECTION 5. Semi-Subterranean Parkinq 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
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
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.
- 5 -
(b) A subterranean parking structure may be constructed
and maintained in any required yard area except in the required
unexcavated areas of the front and side yards.
(c) Exits from any semi-subterranean parking structure
shall provide sight distances which comply with standards
established by the Parking and Traffic Engineer.
SECTION 6. Applicability. The city council adopted the
policy set forth in this Ordinance on June 4, 1991. Any
development applied for after June 4, 1991, and not approved on
the effective date of this Ordinance, shall be conditioned to
comply with this Ordinance.
SECTION 7. This Ordinance is declared to be an urgency
ordinance adopted according to the provisions of Section 9120.6
of the Santa Monica Municipal Code and Section 615 of the Santa
Monica City Charter. It is necessary for preserving the public
peace, health and safety, and the urgency for its adoption is set
forth in the findings above.
SECTION 8. This Ordinance shall be of no further force and
effect on May 13, 1993 unless it is extended pursuant to section
9120.6 of the Municipal Code.
SECTION 9. 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 affect the provisions of this Ordinance.
- 6 -
SECTION 10. 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 inval id or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 11. 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 immediately upon its adoption.
APPROVED AS TO FORM:
~ ~. "--r\'"
ROBERT M. MYERS U
city Attorney
----...
- 7 -
C-
CA:RMM:cbdoc007/hpcal/pc
city Council Meeting 5-12-92
Santa Monica, California
ORDINANCE NUMBER 1627{CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RELATING TO PERMITTED
ENCROACHMENT INTO REQUIRED UNEXCAVATED PORTIONS OF
REQUIRED FRONT AND SIDE YARD SETBACKS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds
and declares:
(a) The landscaping standards contained. in the city of
Santa Monica Comprehensive Land Use and Zoning Ordinance are
intended to preserve and protect the public health, safety and
welfare through the maintenance of adequate drainage and
groundwater percolation capability / as well as to enhance the
aesthetic appearance of development in all areas of the city by
providing standards for quality, quantity, and functional aspects
of
landscaping
and
landscape
screening
consistent
with
Architectural Review Board Guidelines, and the goals, objectives,
and policies of the General Plan.
(b) In the recent past, the pace and density of
development in the City has accelerated, and developers have
increasingly excavated parcels and encumbered the soil with
subterranean and semi-subterranean structures which impede
- 1 -
adequate drainage and percolation and detrimentally impact the
long term success of landscaping required by the Zoning
Ordinance.
(c) Only unexcavated and unencumbered soil can adequately
provide for the water drainage and percolation and landscaping
required to preserve and protect the public health, safety and
welfare.
(d) There exists an immediate threat to the pUblic
health, safety and welfare, through development which does not
provide for adequate water drainage and percolation and
successful landscaping, and approval of additional sUbdivisions,
use permits, variances, building permits, or any other applicable
entitlement for use which is required in order to comply with a
zoning ordinance without providing with same, would result in a
threat to public health, safety, and welfare.
(e) An emergency measure to provide for un excavated and
unencumbered areas in required front and side yard setbacks is
necessary to preserve and protect the public health, safety and
welfare, because of the increasing number of developments that
are being proposed which do not contain adequate unexcavated and
unencumbered soil.
SECTION 2. Unexcavated Area in Front and side Yards.
(a) On any lot in a residential or BCD District, or any
commercial or industrial lot w~ich directly abuts a residentially
zoned lot not used for commercial parking purposes, having a
width of 50 feet or greater, there shall be provided and
maintained an un excavated area along the entire length of tbe
- 2 -
front property line equal in area to at least 50 percent of the
front yard setback 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 9044.8. For lots in excess of 70 feet in
width, the unexcavated area of the side yards shall be provided
and maintained along the entire length of both side property
lines. Subterranean, semi-subterranean parking structures,
basements, and other subterranean facilities may not project into
any portion of the required unexcavated areas. At least 50
percent of the surface areas of the unexcavated areas shall be
landscaped pursuant to the provisions of Subchapter 5B.
(b) On any lot in a residential District that has a width
of less than 50 feet, and which is developed with at least three
(3) units, there shall be provided and maintained an unexcavated
area along the entire length of the front property line equal in
area to at least 50 percent of the front yard setback, except to
the extent necessary to provide parking access pursuant to
Municipal Code section 9044.8. Subterranean, semi-subterranean
parking structures, basements, and other subterranean facilities
may not project into any portion of the required unexcavated
area. The front yard setback shall be landscaped pursuant to the
provisions of Subchapter SB. No side yard setback for
subterranean or semi-subterranean parking structures or basements
is required; however, at least 50 percent of the surface area of
the excavated sideyard area shall be landscaped. At least 50
percent of the surface areas of the unexcavated areas shall be
landscaped pursuant to the provisions of Subchapter 5B.
- 3 -
SECTION 3. Required Landscape Area for Building Sites. In
all residential Districts, including in Rl and R2R Districts, but
excluding the OP-l, OP-Ouplex, OP-2, OP-3, and OP-4 Districts, a
minimum of 50% of the required front yard setback shall be
landscaped. In the OP-l, OP-Duplex, 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.
SECTION 4. Subterranean
subterranean parking structures
maintained as follows:
(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 of the front and side yards.
(e) Exits from any subterranean parking structure shall
provide sight distance which comply with standards established by
the Parking and Traffic Engineer.
Parking
shall be
Structures.
All
constructed
and
SECTION 5. Semi-Subterranean Parkin9 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
natural or existing grade of the lot, except for openings for
- 4 -
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-l, OP-Ouplex, OP-2, OP-J,
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 greater than 50 feet, a
semi-subterranean parking structure may be
maintained in any required yard area except
unexcavated area of a front or side yard.
(c) On lots less than 50 feet in width, a
semi-subterranean parking structure may extend to both side
property lines, but may not extend into a required unexcavated
area of a required front yard.
(d) Exits from any semi-subterranean parking structure
shall provide sight distance which comply with standards
established by the Parking and Traffic Engineer.
constructed and
in a required
SECTION 6. APplicability. The City council adopted the
policy set forth in this Ordinance on June 4, 1991. Any
development applied for after June 4/ 1991, and not approved on
the effective date of this Ordinance, shall be conditioned to
comply with this Ordinance.
- 5 -
SECTION 7. This ordinance is declared to be an urgency
ordinance adopted to the provisions of section 9120. 6 of the
Santa Monica Municipal Code and section 615 of the Santa Monica
City Charter. It is necessary for preserving the public peace,
health and safety, and the urgency for its adoption is set forth
in the findings above.
SECTION 8. This ordinance shall be of no further force and
effect 45 days from its effective date, unless extended pursuant
to section 9120.6.
SECTION 9. 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 affect the provisions of this Ordinance.
SECTION 10. 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.
SECTION 11. The Mayor shall sign and the city Clerk shall
attest to the passage of this ordinance. The city Clerk shall
- 6 -
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective immediately upon its adoption.
APPROVED AS TO FORM:
~~ ~O---
ROBERT M. MYERS .
City Attorney
- 7 -
Adopted and approved this 12th day of May, 1992.
c
I hereby certify that the foregoing Ordinance No. 1627(CCS)
was duly and regularly introduced at a meeting of the city
Council on the 12th day of May 1992; that the said Ordinance was
thereafter duly adopted at a meeting of the city council on the
12th day of May 1992 by the following Council vote:
Ayes: Councilmembers: Abdo, Genser, Holbrook, Ka t z ,
Olsen, Vazquez, Zane
Noes: Counci1members: None
Abstain: Councilmembers: None
Absent: councilmembers: None
ATTEST:
~L /~~
------ City Clerk (
CA:RMM:cbdoc014/hpwd/city
City Council Meeting June 9, 1992
Santa Monica, California
ORDINANCE NUMBER 1632 (eeS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RELATING TO PERMITTED
ENCROACHMENT INTO REQUIRED UNEXCAVATED PORTIONS OF
REQUIRED FRONT AND SIDE YARD SETBACKS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The City council finds
and declares:
(a) The landscaping standards contained in the City of
Santa Monica Comprehensive Land Use and Zoning ordinance are
intended to preserve and protect the public health, safety and
welfare through the maintenance of adequate drainage and
groundwater percolation capability, as well as to enhance the
aesthetic appearance of development in all areas of the City by
providing standards for quality, quantity, and functional aspects
of
landscaping
and
landscape
screening
consistent
with
Architectural Review Board Guidelines, and the goals, objectives,
and policies of the General Plan.
(b) In the recent past, the pace and density of
development in the Ci ty has accelerated, and developers have
increasingly excavated parcels and encumhered the soil with
subterranean and semi-subterranean structures which impede
- 1 -
adequate drainage and percolation and detrimentally impact the
long term success of landscaping required by the Zoning
Ordinance.
(c) Only unexcavated and unencumbered soil can adequately
provide for the water drainage and percolation and landscaping
required to preserve and protect the public health, safety and
welfare.
(d) In response to an immediate threat to the public
health, safety and welfare from increasing numbers of
developments not containing adequate unexcavated and unencumbered
soil, on May 12, 1992, the City Council enacted an emergency
ordinance, Ordinance No. 1627 (city Council Series) so as to
preserve and protect the public health, safety, and welfare.
Ordinance No. 1627, will expire on June 26, 1992.
(e) There exists an immediate threat to the public
health, safety and welfare, through development which does not
provide for adequate water drainage and percolation and
successful landscaping, and approval of additional subdivisions,
use permits, variances, building permits, or any other applicable
entitlement for use which is required in order to comply with a
zoning ordinance without providing with same, would result in a
threat to public health, safety, and welfare.
(f) In order to preserve and protect the public health,
safety and welfare from the increasing number of developments
that are being proposed which do not contain adequate unexcavated
and unencumbered soil, it is necessary to extend Ordinance No.
1627 pursuant to SMMC ~ 9120.6(a) for a period of ten months and
fifteen days through May 12, 1993.
- 2 -
SECTION 2. Unexcavated Area and Landscap~ng in Front and
Side Yards.
(a) Any lot having a width of 50 feet or greater which is
located in a residential or BCD District or which is a commercial
or industrial lot directly abuting a residentially zoned lot not
used for commercial parking purposes, shall have provided and
maintained an unexcavated area along the entire length of the
front property line equal in area to at least 50 percent of the
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 9044.8 and Section 9044.9. For lots in
excess of 70 feet in width, 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.
Subterranean, semi-subterranean parking structures, basements /
and other subterranean facilities may not project into any
portion of the required unexcavated areas. At least 50 percent
of the surface areas of the required unexcavated areas shall be
landscaped pursuant to the provisions of Subchapter SB.
(b) On any lot in a residential District that has a width
of less than 50 feet, there shall be provided and maintained an
unexcavated area along the entire length of the front property
line equal in area to at least 50 percent of the required front
yard setback, except to the extent necessary to provide parking
access pursuant to Municipal Code Section 9044.8. Subterranean,
semi-subterranean parking structures, basements, and other
subterranean facilities may not project into any portion of the
- 3 -
required unexcavated area. No side yard setback for subterranean
or semi-subterranean parking structures or basements is required;
however, at least 50 percent of the surface area of one required
sideyard shall be landscaped. The required landscaped area may
be located in any arrangement within one or both required side
yard setbacks.
SECTION 3. Required Landscape Area for Buildinq Sites.
(a) On any lot having a width of 50 feet or greater which
is located in any residential District, including the RVC
District, a minimum of 50 percent of the required front yard
setback shall be landscaped.
(b) On any lot having a width of less than 50 feet and
greater than 30 feet which is located in any residential
District, including the RVC District, a minimum of 50 percent of
the non-driveway areas within the required front yard setback
shall be landscaped.
(c) On any lot having a width of 30 feet or less which is
located in any residential District, including the RVC District,
all areas within the required front yard setback not used for
driveway or walkway purposes shall be landscaped, exclusive of
any permitted building projections.
SECTION 4. Subterranean
subterranean parking structures
maintained as follows:
(a) All openings for ingress and egress facing the front
parcel line shall be situated at or behind the front building
parking
shall be
structures.
constructed
All
and
- 4 -
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 of the front and side yards.
SECTION 5. Semi-subterranean Parkinq 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
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
parcel line shall be situated at or behind the front building
line of the main building. There shall be no more than two (2)
Qpenings 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 of the front and side yards.
(c) Exits from any semi-subterranean parking structure
shall provide sight distances which comply with standards
established by the Parking and Traffic Engineer.
SECTION 6.
pOlicy set forth
Applicability. The City Council adopted the
In this Ordinance on June 4/ 1991. Any
- 5 -
development applied for after June 4, 1991, and not approved on
the effective date of this Ordinance, shall be conditioned to
comply with this Ordinance.
SECTION 7. This Ordinance is declared to be an urgency
ordinance adopted according to the provisions of Section 9120.6
of the Santa Monica Municipal Code and section 615 of the Santa
Monica city Charter. It is necessary for preserving the public
peace/ health and safety, and the urgency for its adoption is set
forth in the findings above.
SECTION 8. This Ordinance shall be of no further force and
effect on May l~, 1993 unless it is extended pursuant to Section
9120.6 of the Municipal Code.
SECTION 9. 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 affect the provisions of this Ordinance.
SECTION 10. 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
- 6 -
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 11. 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 immediately upon its adoption.
APPROVED AS TO FORM:
~~.
ROBERT M. MYERS
city Attorney
~
- 7 -
Adopted and approved this 9th day of June, 1992.
! hereby certify that the foregoing Ordinance No. 1632 (CCS)
was duly and regularly introduced at a meeting of the City
Council on the 9th day of June 1992~ that the said Ordinance was
thereafter duly adopted at a meeting of the City council on the
9th day of June 1992 by the following Council vote:
Ayes: Councilmembers: Abdo, Genser, Holbrook, Katz,
Olsen, Vazquez, Zane
Noes: Councilmembers: None
Abstain: councilmembers: None
Absent: Councilmembers: None
ATTEST:
/ / r;! .
/0/ - -C .,. <---;?
(,r?,;{!/(t!( c' A/v;/~
. city Clerk - /
ADD -10 ?-(!...
JUN '0 l~JI
LUTM:PB:DKW:SLL/excsupp.pcword.p1an
Council Mtg: June 9, 1992
TO: Mayor and City Council
Santa Monica, California
FROM: city staff
SUBJECT: Supplemental Recommendation regarding Adoption of an
Emergency Ordinance Establishing standards Relating to
Landscaping and Required Unexcavated Areas Within the
Front and Side Yard setbacks
INTRODUCTION
This report provides a supplemental recommendation regarding the
above ordinance in response to public testimony given at the city
council hearing of June 2, 1992. Staff recommends that the City
Council adopt the Interim Ordinance (Attachment A of staff report
dated June 2, 1992) with modifications, as described in the June
2nd staff report to Council,
and with the additional
modifications described below.
BACKGROUND
At the meeting of June 2, 1992, a resident of Ocean Park, Thane
Roberts, spoke at the public hearing on the present matter. Mr.
Roberts discussed design difficulties created by the proposed
ordinance. City Council directed staff to meet with Mr. Roberts
regarding these issues and return to Council on June 9, 1992 with
any revised recommendation.
staff has met with Mr. Roberts and concurs that there are two
areas of the ordinance which could be improved upon to better
facilitate project design.
These two areas, both of which
pertain to development on lots of less than 50 feet in width, are
- 1 -
// LJO -t-fJ JJ~
JUN 8 l~jL
the amount of landscaping in the required front yard setback and
the amount of landscaping in one required side yard setback.
Proposed Revisions to Section 3
On lots which are less than 50 feet wide and which have driveway
access from the front, the amount of feasible landscaped area is
constrained primarily by the driveway area and also by walkways,
porches, patios, landings and similar features. Staff has
studied various design scenarios on lots ranging in width from 25
to 50 feet and believes that a modification to the proposed
ordinance is justified. Specifically, staff recommends that on
lots less than 50 feet in width and greater than 30 feet in
width, 50% of all non-driveway areas within the required front
yard setback shall be landscaped. Furthermore, staff recommends
that lots which are 30 feet or less in width shall be required to
landscape all areas which are not used for driveway or walkway
purposes, excepting permitted building projections.
The recommended change could be implemented by replacing section
3 with the following language:
SECTION 3. Required Landscape Area for Building
sites.
(a) On any lot having a width of 50 feet or
greater which is located in any residential District,
including the RVC District, a minimum of 50 percent
of the required front yard setback shall be
landscaped.
- 2 -
(b) On any lot having a width of less than 50
feet and greater than 30 feet which is located in any
residential District, including the RVC District, a
minimum of 50 percent of the non-driveway areas
within the required front yard setback shall be
landscaped.
(c) On any lot having a width of 30 feet or
less which is located in any residential District,
including the RVC District, all areas within the
required front yard setback not used for driveway or
walkway purposes shall be landscaped, exclusive of
any permitted building projections.
Proposed Revisions to Section 2(b)
On lots which are less than 50 feet in width, there is no
required unexcavated side yard setback and in many instances, the
required side yard setback above grade is only four feet. Due to
the minimal setback, there is little room for design features
such as landscaping or side patios to be provided once required
walkway access has been provided. For this reason, staff is
recommending that section 2(b) be revised to allow greater
flexibility of landscape design. Staff recommends that the
amount of required side yard landscaping not be reduced, but that
it be allowed to be located in one or both sideyards, as opposed
to the previous proposal of being located in one sideyard only.
Therefore, staff recommends that section 2(b) be replaced in its
entirety as follows:
- 3 -
(b) On any lot in a residential District that has a
width of less than 50 feet, there shall be provided
and maintained an unexcavated area along the entire
length of the front property line equal in area to at
least 50 percent of the required front yard setback,
except to the extent necessary to provide parking
access pursuant to Municipal Code section 9044.8.
Subterranean, semi-subterranean parking structures,
basements, and other subterranean facilities may not
project into any portion of the required unexcavated
area. No side yard setback for subterranean or
semi-subterranean parking structures or basements is
required; however, an area equal to at least 50
percent of the surface area of one required side yard
shall be landscaped. The required landscaped area
may be located in any arrangement within one or both
required side yard setbacks.
BUDGET/FINANCIAL IMPACT
This recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
It is respectfully recommended that the city Council adopt the
Interim Ordinance listed as Attachment A on the June 2nd staff
report to Council with the modifications recommended in that
report as follows:
- 4 -
in Section 2 (a), delete the words "along the entire
length of the front property line" and "except ~o the
extent necessary to provide parking access pursuant
to Municipal Code Section 9044.8 and Section
9044.9."; and
in section 2 (b), delete the words "along the entire
length of the front property linell and lIexcept to the
extent necessary to provide parking access pursuant
to Municipal Code section 9044.8."
In addition, staff recommends that section 3 be replaced in its
entirety, as discussed in this report, with the following:
SECTION 3. Required Landscape Area for Building
Sites.
(a) On any lot having a width of 50 feet or
greater which is located in any residential District,
including the RVC District, a minimum of 50 percent
of the required front yard setback shall be
landscaped.
(b) On any lot having a width of less than 50
feet and greater than 30 feet which is located in any
residential District, including the RVC District, a
minimum of 50 percent of the non-driveway areas
within the required front yard setback shall be
landscaped.
- 5 -
(c) On any lot having a width of 30 feet or
less which is located in any residential District,
including the RVC District, all areas within the
required front yard setback not used for driveway or
walkway purposes shall be landscaped I excl us i ve of
any permitted building projections.
Finally I staff recommends that section 2 (b) be replaced in its
entirety as follows:
(b) On any lot in a residential District that has a
width of less than 50 feet, there shall be provided
and maintained an unexcavated area along the entire
length of the front property line equal in area to at
least 50 percent of the required front yard setback,
except to the extent necessary to provide parking
access pursuant to Municipal Code Section 9044.8.
Subterranean, semi-subterranean parking structures,
basements, and other subterranean facilities may not
proj ect into any portion of the required unexcavated
area. No side yard setback for subterranean or
semi-subterranean parking structures or basements is
required; however, an area equal to at least 50
percent of the surface area of one required side yard
shall be landscaped. The required landscaped area may
be located in any arrangement within one or both
required side yard setbacks.
- 6 -
Prepared by: D. Kenyon Webster, Planning Manager
Shari Laham, Senior Planner
Planning Division
Land Use and Transportation Management Department
Attachment:
City Council staff Report dated June 2, 1992
- 7 -
A+tochhlcn+ A
~~~f:PB:DKW:SLL/ccunexc.pcword.plan
Counc~l ~1-=g: June 2 / ~392
Santa Mon~ca, Californ~a
TO:
Mayor and Ci~y Counc~l
FROM:
ci-=y Staff
SUBJECT:
Adoption of an
Standards Relating
Unexcavated Areas
Setbacks
Emergency Ordinance
to Landscaping
Within the Front
Establishing
and Requ~red
and Side Yard
INTRODUCT:ON
:r.~s ~epor~ reco~~ends that the City Council adopt, with
mod:..fi.cat:~ons / - t~e attached Interim Ordinance which establishes
new standards requiring, with certain exceptions: an ~nexcavated
area wi thin the front 50% of the required front yard in a
res~dent~a1 or BCD District or on any commercial or industrial
lot abutt~ng a residentially zoned lot; that 50% of the required
front yard setback in all residential Districts / including the
RVC D~st:rict,
be landscaped;
limi ts on the location of
subterranean and sem~-subterranean garages and openings therein;
that: at least 50% of the required unexcavated yard areas be
landscaped~ and, that at least 50% of one of the required
sideyards be landscaped on residential lots narrower than 50
feet.
Staff is reconnnending the adoption of the ordinance as
drafted / with a change deleting the requirement to provide the
unexcavated front yard area along the front of the property.
~/
- 1 -
3ACKGROC'ND
P~~cr C~ty Counc11 Action
On May 12, 1992, the City Counc~l enacted an emergency ordinance,
Ord.:::ance :~o.
1627
(city Council Series) /
in response to
~ncrea5~ng numbers of developments not contain1ng adequate
unexcava~ed and unencumbered soil and the subsequent related
potent~al for inadequate water drainage and percolat~an and
unsuccessful landscaping.
~xp~rat~on c= Ordinance
Ord~nance No. 1627 (CCS) will expire on June 26/ 1992. The
proposed Ord~nance (Attachment A) has been revised for purposes
of clar~fication and consistency from its original adopted form
(Attachment C).
The proposed Ordinance is necessary to extend
the provlsions of Ordinance No. 1627 (CCS) for a period of ten
months and 15 days, pursuant ":0 Santa Monica Municipal Code /
Sect~on 9120.6(a).
During this period, permanent ordinance
changes w~ll be developed.
Proposed Rev~sions to Ordinance 1627 (CCS)
Section 2(b) has been revised to remove language relating to the
applicability threshold of three units or more. In revising this
Section, staff attempted to determine the rationale in the
current Zoning ordinance for retaining an exemption solely in the
OP Districts for projects of less than three units and was unable
to do so.
Therefore,
in the interest of consistency of
- 2 -
adm~r.~s~=a~~~~, ~he proposed Ordinance requ~res that a~y lot ~~ a
=es~den~~al :1str~ct w1th a w1dth of less than 50 feet provide an
uneXcava~ed area of at least SOt of the required front yard along
~he en~~re leng~h of the front property line. However, it the
Counc11 determ~nes that it is necessary to establish an exemption
for one and two-unit proJects 1n the OP Districts on lots
narrower -;l'lan 50 feet, an appropriate ordinance is attached
(Attachment B).
Section 3 has been revised to include the OP Districts and the
RVC Distrlc~ ~~ the requirement that, along with all other
reSl.dem:lal Dlstrlcts / a minimum of 50% of the requlred front
yard setback be-landscaped.
Other changes to the ordinance are minor in nature and serve to
improve the clarlty and internal consistency of the Ordinance,
rather than to present substantive change.
staff Proposed Changes to Ordinance
Plannlng s~aff recommends additional changes be made to the
Ordlnance as relates to the configuration of the required 50\:
unexcavated front yard. The Ordinance currently requires that
this 50% unexcavated area be provided along the entire ~ength of
the front property line in a uniform line. In most cases, this
would require that the front 10 feet of a property be required to
remain unexcavated, with the exception of required driveways.
Staff proposes an alternative which would provide greater design
flexibility for provision of subterranean parking for projects.
- 3 -
~he alterna~~ve would require that a~ leas~ 50% of the requ~red
front yard be t:.:i.excavated without requiring t.hat the area be
prov~ded along t~e front half of the required front yard. staff
believes this alternative is preferable for several reasons:
Park~ng requirements often pose a constra~nt on the
number and/or size of residential units permitted to be
developed on a site. Particularly in light of the
recent Proposition R ordinance requirements for on-site
inclusionary housing, it may become a trend that
increas~ng numbers of projects elect to apply the State
dens~ ty bonus / in which case parking becomes an even
more cruc~al development constraint. A simple 50%
requirement would allow more f1exibili ty in
subterranean parking design.
The flex~b1e placement of the 50\ unexcavated front
yard area would enhance the overall, percolation and
drainage capacity of city soils above the proposed
Ordinance because it would not allow the exemp~ion of
requ~red driveway areas within the front yard.
The flexible arrangement of the front unexcavated area
would permit correspondingly greater flexibility of
landscape design, particularly as relates to the
placement of mature trees. In this manner, the
Architectural Review Board would have qreater
discretion - in requiring- specimen trees and other
deep-rooted landscapinq to be placed closer to the
- 4 -
front build~ng :acade when deemed apprcpr~ate in
relat~on to ~~e proJect design. In contrast, the
Ordinance as currently prepared would result in most of
the mature trees or deep-rooted landscaping being
located in the front half of the requ~red :ront yard.
In terms of landscape design, placement of larger trees
is generally most appropriate closer to the building.
:n order to
implement
staff's proposed
revisions to the
revision as described
Ordinance would be
above, -::he
requ~red:
fOllowing
l.n Section 2(a) / delete the words "along the en't.ire length
of the front proper't.y 1 ine If and n except to the exten't
necessary to provl.de parking access pursuant to Municipal
Code Section 9044.8 and section 9044.9.": and
in Section 2(b), delete the words "along the entire length
of the front property line" and "except to the extent
necessary to provide parking access pursuant to Municipal
Code Section 9044.8."
BUDGET(FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
- 5 -
RECC~1ME~r~ATION
It ~s ~espec~fu1ly recommended that the Council adopt the
attached :r.ter~m Ord~nance (Attachment A) which does not ~nclude
an exempt~on for one and two-unit projects in the OP Distr~ct and
further reco~mends that the council direct the city Attorney to
incorporate the following changes to the Ordinance:
~n Section 2(a), delete the words "along the entire length
of the front property line" and "except to the extent
necessary to provide parking access pursuant to Municipal
Code Section 9044.8 and section 9044.9.11; and
in Section 2(b), delete the words "along the entire length
of the front property 1inell and lIexcept to the extent
necessary to provide parking access pursuant to Municipal
Code Section 9044.8."
Prepared by: D. Kenyon Webster, Planning Manager
Shari Laham, Senior Planner
Planning Division
Land Use and Transportation Management Department
Attachmants: A. Proposed Interim Ordinance without OP exemption
B. Proposed Interim Ordinance with OF exemption
C. Ordinance No. 1627 (CCS)
DKW: SLL
PC/CCUnexc
OS/26/92
- 6 -
..
/~J~~
CA: RMM: Cbdoc012"'hpwd/cl.ty
Clty Cauncll Mee~lng June 2, 1992
Santa Manlca, Callfornl.a
ORDINANCE NUMBER
(City Councl.l Serl.es)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RELATING TO PERMITTED
ENCROACHMENT INTO REQUIRED UNEXCAVATED PORTIONS OF
REQUIRED FRONT AND SIDE YARD SETBACKS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE C:TY ::UNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Flndinqs and Purpose. ~he city Counell finds
and declares:
(a) The ~andscaplng standards contained In the City of
Santa Monlca C::>mprehenslve Land Use and Zonlng Ordinance are
lntended to preserve and protect the public health / safety and
welfare through the maintenance of adequate dra2nage and
groundwater percolat20n capabill. ty / as well as to enhance the
aesthetl.C appearance of development in all areas of the City by
provl.ding standards for quality, quantlty, and functlonal aspects
of
landscaplng
and
landscape
screening
conslstent
with
Archltectural Revlew Board Guidellnes, and the goals, objectives,
and palicles of the General Plan.
(b)
In the recent past,
the pace and denslty of
development ln the~-city has accelerated, and developers have
increasingly excavated parcels and encll~bered the soil with
subterranean and semi-subterranean structures which impede
- 1 -
adequate drainage and percolat1on and detrlmentally ~mpact the
long ~erm success of landscaping required by the Zoning
Ordinance.
(c) Only un excavated and unencumbered so~l can adequately
prov1de for the water drainage and percolat1on and landscaping
required to preserve and protect the public health, safety and
welfare.
(d) In response to an immediate threat to the public
health, safety and welfare from increas~ng numbers of
developments not contain1ng adequate unexcavated and unencumbered
s011, on May 12, 1992, the C1ty Council enacted an emergency
ord1nance, Ord1nance No. 1627 (city Council Ser1es) so as to
preserve and protect ~he public health, safety, and welfare.
Ordinance No. 1627/ w1ll exp1re on June 26, 1992.
(e) There exists an ~mmediate threat to the public
health, safety and welfare, through development which does not
provl.de for adequate water drainage and percolation and
successful landscapl.ng, and approval of additional subd1visions,
use perm1ts, var1ances, building permits, or any other applicable
entitlement for use Wh1Ch is required in order to comply with a
zon1ng ord1nance w1thout providing with same, would result in a
threat to public health, safety, and welfare.
(f) In order to preserve and protect the public health,
safety and welfare from the increas1ng number of developments
that are being proposed which do not contain adequate unexcavated
and unencllm}:\ered soil / it is necessary to extend Ordinance No.
1627 pursuant to SMMC ~ 9120.6(a) for a period of ten months and
fifteen days through May 12, 1993.
- 2 -
SECTION 2. Unexcavated Area and Landscap~nq In ~~ont and
Slde Yards.
(a) Any lot havlng a wldth of 50 feet or greater which 1S
located 1n a reSl.dent1al or BCD District or Wh1Ch 1S a commercial
or lndustr1al lot directly abuting a res1dentlally zoned lot not
used for commerc1al parking purposes, shall have provided and
malntal.ned an unexcavated area along the entire length of the
front property line equal l.n area to at least 50 percent of the
requlred fron~ yard and equal to four (4) feet in width along the
entlre length of at least one of the side property llnes, except
to the extent necessary to provlde parking access pursuant to
Munlclpal Code Sectl.on 9044.8 and Sectl.on 9044.9. For lots in
excess of 70 feet l.n width, an unexcavated area four feet l.n
width along the required sl.de yards shall be provl.ded and
malntalned along the entlre length of both slde property lines.
Subterranean, seml.-subterranean parking structures, basements,
and other subterranean facilities may not project l.nto any
portl.on of the required unexcavated areas. At least 50 percent
of the surface areas of the required unexcavated areas shall be
landscaped pursuant to the provisions of Subchapter 5B.
(b) On any lot in a reSl.dentlal District that has a width
of less than 50 feet, there shall be provl.ded and maintained an
unexcavated area along the entire length of the front property
line equal in area to at least 50 percent of the requl.red front
yard setback, excep~ to the extent necessary to provide parking
access pursuant to Municipal Code Section 9044.8. Subterranean,
semi-subterranean parking structures, basements, and other
subterranean facilities may not project into any portion of the
- 3 -
requlred unexcavated area. No s~de yard setback for subterranean
or seml-subterranean parklng structures or basements is required:
however, at least 50 percent of the surface area of one required
sldeyard shall be landscaped. At least 50 percent of the surface
areas of the unexcavated areas shall be landscaped pursuant to
the provls1ons of Subchapter 5B.
SECTION 3. Required Landscape Area for Building Sites. In
all resldential Districts, including the RVC District, a minimum
of 50 percent of the requlred front yard setback shall be
landscaped.
SECTION
4.
Subterranean
Parkinq
structures.
All
subterranean parking
maintalned as follows:
structures
shall
be
constructed and
(a) All openings for ingress and egress facing the front
parcel 1 ine shall be situated at or behind the front building
line of the main building. There shall be no more than two (2)
openlngs faclng the front parcel line for each main bUlldlng.
(b) A subterranean parklng structure may be constructed
and malntalned in any required yard area except in the required
unexcavated areas of the front and slde yards.
,
( c ) Exits from any subterranean parking structure shall
provide slght distances which comply with standards established
by the Parking and Traffic Engineer.
SECTION 5. r$ami -Subterranean Parkinq Structures. A
parking structure shall be considered to be semi-subterranean if
the structure is partially underground and if the finished floor
- 4 -
of ~he first level of the bUlld~ng or structure above the park~ng
structure does ~ot exceed three (3) feet above the average
natural or eX~stlng grade of the lot, except for openlngs for
lngress and egress. A seml-subterranean parking structure shall
not be counted as a floor or story for calculating building
height. All seml-subterranean parking structures shall be
constructed and malntained as follows:
(a) All openlngs for ingress and egress facing the front
parcel llne shall be sltuated at or behlnd the front building
line of the maln building. There shall be no more than two (2)
openlngs faclng the front parcel line for each maln bUllding.
(b) A subterranean parking structure may be constructed
and malntalned 1n any required yard area except In the required
unexcavated areas of the front and side yards.
( c) EXl ts from any semi -subterranean parking structure
shall provlde sight distances which comply with standards
established by the Parking and Traffic Englneer.
SECTION 6. Appl1cability. The City council adopted the
POllCY set forth ln this Ordinance on June 4/ 1991. Any
development appl1ed for after June 4, 1991, and not approved on
the effectlve date of this Ordinance, shall be conditioned to
comply with this Ordinance.
SECTION 7. This Ordlnance is declared to be an urgency
ordinance adopted according to the provislons of Sectlon 9120.6
of the Santa Monica~Municipal Code and Section 615 of the Santa
Monica City Charter. It is necessary for preserving the public
- 5 -
peace, health and safety, and the urgency for 1ts adopt1on is set
forth in the flndlngs above.
SECTION 8. Th1S Ordinance shall be of no further force and
effect on Hay 13. 1993 unless it 1S extended pursuant to Section
9120.6 of the Munlclpal Code.
SECTION 9. Any provision of the Santa Monica Municipal
Code or appendl.ces thereto lnconsistent with the provisions of
th1s Ordinance, to the extent of such inconslstencles and no
further, are hereby repealed or modified to that extent necessary
to affect the prOV1S1ons of this Ordinance.
SECTION 10. If any section, subsection, sentence, clause,
or phrase of thlS Ordinance is for any reason held to be 1nvalid
or unconstitutlonal by a decision of any court of any competent
Jurisdictlon, such decision shall not affect the validity of the
remalning portions of this Ordinance. The City Council hereby
declares that It would have passed this Ordinance, and each and
every sectl.on, subsectlon/ sentence, clause, or phrase not
declared inval1d or unconstitutional without regard to whether
any portion of the Ordlnance would be subsequently declared
invalid or unconstitutional.
- 6 -
SECTION 11. The Mayor shall sign and the c~ty Clerk shall
attest to the passage of th~s Ordinance. The Cl.ty Clerk shall
cause the same to be published once in the officl.al newspaper
w~th~n 15 days after l.ts adoptl.on. This Ordlnance shall become
effect~ve l.mmediately upon its adoptl.on.
APPROVED AS TO FORM:
~ \..-.. '-a--
ROBERT M. MYERS
C.lty Attorney
- 7 -
- ;- -
---
CA:RMM:cbdoc008/hpwd/c~ty
C~ty Counc~l Meetlng June 2, 1992
Santa Monlca, Callfornla
ORDINANCE NUMBER
(City Councll Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RELATING TO PERMITTED
ENCROACHMENT INTO REQUIRED UNEXCAVATED PORTIONS OF
REQUIRED FRONT AND SIDE YARD SETBACKS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The City Counc~l finds
and declares:
(a) The landscaping standards contained in the City of
Santa MonJ.ca Comprehenslve Land Use and Zoning Ordlnance are
lntended to preserve and protect the publ ic health / safety and
welfare through the malntenance of adequate dralnage and
groundwater percolation capability, as well as to enhance the
aesthet1c appearance of development in all areas of_the City by
providing standards for quality, quantity, and functional aspects
of
landscap1ng
and
landscape
screenlng
consistent
.
with
Architectural Review Board Guidelines, and the goals, obJectives,
and pollcies of the General Plan.
(b) In the recent past, the pace and dens 1 ty of
development in the --City has accelerated, and developers have
increasingly excavated parcels and encnmhered the soil with
subterranean and semi-subterranean structures which impede
- 1 -
adequate dra1nage and percolatlon and detr~mentally 1mpact the
long term success of landscaplng requlred by the Zon1ng
Ordlnance.
(e) Only unexcavated and unencumbered sOll can adequately
prov1de for the '..,ater dralnage and percolation and landscap1ng
req\ured to preserve and protect the publlC health, safety and
welfare.
(d) In response to an immed1ate threat to the pUblic
health, safety and welfare from increaslng numbers of
developments not contalning adequate unexcavated and unencumbered
501.1, on May .i..,,-, 1992, the city Counc1l enacted an emergency
ord1.nance, Or~hnance No. 1627 (City councl1 Serles) so as to
preserve and protect the publl.c health, safety / and welfare.
Ordl.nance No. 1627/ wlll expire on June 26, 1992.
(e) There exists an immediate threat to the public
health, safety and welfare, through development which does not
provlde for adequate water drainage and perCOlation and
successful landscapl.ng, and approval of addltlonal subdivlsions,
use perml.ts, varlances, buildl.ng perml.ts, or any other applicable
entltlement for use which 15 requlred in order to comply Wlth a
zonlng ordlnance without providing with samet would result in a
threat to public health, safety, and welfare.
(f) In order to preserve and protect the public health,
safety and welfare from the increaslng numher of developments
that are being proposed which do not contain adequate unexcavated
and unencumbered soil, it is necessary to extend Ordinance No.
1627 pursuant to SMHC S 9120.6(a) for a perlod of ten months and
fifteen days through May 12, 1993.
- 2 -
SECTION 2. Unexcavated Area and Landscap1nq 1n Front and
side Yards.
(a) Any lot hav1ng a w1dth of 50 feet or greater wh1ch is
located 1n a resldent1al or BCD Distr1ct or which is a commercial
or industrial lot dlrectly abut1ng a res1dentlally zoned lot not
used for commerCJ.al parking purposes / shall have provided and
maintained an unexcavated area along the entire length of the
front property llne equal in area to at least 50 percent of the
requJ.red front yard and equal to four (4) feet in width along the
entlre length of at least one of the s1de property Ilnes, except
to the extent necessary to provide parkl.ng access pursuant to
Mun1cipal Code Sectlon 9044.8 and Sect10n 9044.9. For lots J.n
excess of 70 feet J.n w1dth / an unexcavated area four feet in
w1dth along the required side yards shall be prov1ded and
malntained along the entire length of both sJ.de property lines.
Subterranean, seml-subterranean parking structures, basements,
and other subterranean fac11it1es may not proJect into any
port1on of the required unexcavated areas. At least 50 percent
of the surface areas of the requl.red unexcavated areas shall be
landscaped pursuant to the provisions of Subchapter 5B.
(b) On any lot in a residential DJ.strict, except the OP
D1str1cts, that has a width of less than 50 feet, there shall be
provlded and maJ.nta1ned an unexcavated area along' the entire
length of the front property line equal in area to at least 50
percent of the required front yard setback, except to the extent
necessary to provide parking access pursuant to Municipal Code
Section 9044.8. Subterranean, semi-subterranean parking
structures, basements, and other subterranean facilities may not
- 3 -
pro] ect ~nto any portion of the required un excavated area. No
s1de yard setback for subterranean or semi-subterranean park~ng
structures or basements ~s requ1red: however, at least 50 percent
of the surface area of one requ1red sideyard shall be landscaped.
At least 50 percent of the surface areas of the unexcava~ed areas
shall be landscaped pursuant to the prov1sions of Subchapter 55.
(c) On any lot in any OP District that has a width of less
than 50 feet, and which is developed with at least three (3)
un1ts, there shall be provided and ma1ntained an unexcavated area
along the entire length of the front property line equal in area
to at least 50 percent of the required front yard setback, except
to the extent necessary to provide parking access pursuant to
Mun1cipal Code section 9044.8. Subterranean, sem1-subterranean
park1ng structures, basements, and other subterranean facilities
may not pro] ect into any portion of the required unexcavated
area. No s1de yard setback for subterranean or sem1-subterranean
parking structures or basements is requ1red: however, at least 50
percent of the surface area of one required sideyard shall be
landscaped. At least 50 percent of the surface areas of the
unexcavated areas shall be landscaped pursuant to the provisions
of Subchapter 5B.
SECTION 3. Requ1red Landscape Area for Building Sites. In
all residential Districts, including the RVC District, a minimum
of 50 percent of the required front yard setback shall be
landscaped.
- 4 -
subterranean parking
ma1nta~ned as follows:
(a) All openings for ingress and egress facing the front
parcel line shall be situated at or behind the front bu~lding
line of the main building. There shall be no more than two (2)
open1ngs 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 of the front and side yards.
(c} EX1 ts from any subterranean parking structure shall
prov1de s1ght distances which comply w1th standards established
by the Parking and Traffic Engineer.
structures
Park1nq
shall be
Structures.
constructed
All
and
SECTION 4.
Subterranean
SECTION 5. Semi -Subterranean Parkinq Structures. A
parking structure shall be considered to be semi-subterranean if
the structure 1S partially underground and if the finished floor
of the f1rst level of the building or structure above the parking
structure does not exceed three (3) feet above the average
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 calculatinc.:{ building
height. All semi-subterranean parking structures shall be
constructed and maintained as follows:
(a) All openings for ingress and egress facing the front
parcel line shall b~ 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_
- 5 -
(b) A subterranean parkl.ng structure may be constructed
and maintaIned ~n any required yard area except in the requ~red
unexcavated areas of the front and 5l.de yards.
(c) Exi ts from any semi-subterranean parkl.ng
shall provIde sl.ght distances which comply with
established by the Parkl.ng and Traffic Engl.neer.
structure
standards
SECTION 6. Applicabili ty. The City council adopted the
poll.cy set forth l.n this Ordinance on June 4, 1991. Any
development appll.ed for after June 4, 1991/ and not approved on
the effectl.ve date of this Ordl.nance, shall be conditioned to
comply wIth thIS Ordinance.
SECTION 7. This Ordinance is declared to be an urgency
ordl.nance adopted according to the provisions of Section 9120.6
of the Santa Monlca Municipal Code and Sectl.on 615 of the Santa
Monl.ca City Charter. It is necessary for preserving the public
peace, health and safety, and the urgency for its adoption is set
forth in the findings above.
SECTION 8. This Ordinance shall be of no further force and
effect on May 13/ 1993 unless it is extended pursuant to Section
9120.6 of the MunIcipal Code.
SECTION 9. Any provl.sion of the Santa Monlca Municipal
Code or appendl.ce5 thereto inconsistent wl.th the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby-repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
- 6 -
SECTION 10. If any section, subsection, sentence, clause,
or phrase of th~s Ord~nance ~s for any reason held to be ~nvalid
or unconstitutlonal by a decis~on of any court of any competent
jurisd~ction, such declsion shall not affect the validity of the
remalnlng portlons 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
lnvalid or unconstitutional.
SECTION 11. 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
wlthln 15 days after its adoption. This Ordinance shall become
effect~ve immediately upon its adoption.
APPROVED AS TO FORM:
QLv-19--vt ~. U
ROBERT M. MYERS
City Attorney
-----.
- 7 -
/w~.c
CA:R~:cbdoc007/hpcal/pc
Clty Counc1l Meeting 5-12-92
Santa Monica, Californ1a
ORDINANCE NUMBER 1627 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RELATING TO PERMITTED
ENCROACHMENT INTO REQUIRED UNEXCAVATED PORTIONS OF
REQUIRED FRONT AND SIDE YARD SETBACKS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
-
SECTION 1. Findings and Purpose. The City Council finds
and declares:
(a) The landscaping standards contained, in the city of
Santa Monica Comprehensive Land Use and Zoning Ordinance are
1ntended to preserve and protect the pUblJ.c health, safety and
welfare through the maintenance of adequate drainage and
groundwater percolation capability, as well as to enhance 'the
aesthetic appearance of development in all areas of the City by
providing standards for quality, quantity, and functional aspects
of
landscaping
and
landscape
screening
consistent
with
Architectural Review Board Guidelines, and the goals, objectives,
and policies of the General Plan.
(b) In the recent past, the pace and density of
developmen't. in th::o City has accelerated, and developers have
increasingly excavated parce1s and encumbered the soil with
subterranean and semi-subterranean structures which impede
- 1 -
adequate dra~nage and percolation and detr~mentally ~mpact the
long term success of landscap~nq required by the zoning
Ordinance.
(c) only unexcavated and unencnmhered soil can adequately
provide for the water dra~nage and percolat~on and landscapJ.ng
required to preserve and protect the public health, safety and
welfare.
(d) There exists an immediate threat to the public
health, safety and welfare, through development which does not
prov1de for adequate water drainage and percolatlon and
successful landscaping, and approval of additional subdivisions,
use permits, variances, building permits, or any other applicable
entitlement for use which is required in order to comply with a
zoning ordinance without providing with same, would result in a
threat to pUblic health, safety, and welfare.
(e) An emergency measure to provide for unexcavated and
unencumbered areas in required front and side yard setbacks is
necessary to preserve and protect the public health, safety and
welfare, because of the ~ncreasing number of developments that
are being proposed which do not contain adequate unexcavated and
unencumbered soil.
SECTION 2. Unexcavated Area in Front and side Yards.
(a) On any lot in a residential or BCD District, or any
commerc~al or industrial lot which directly abuts a residentially
zoned lot not usee:!- for commercial parking purposes, having a
width of SO feet or greater, there shall be provided and
maintained an unexcavatecl area along the entire length of the
- 2 -
front property line equal in area to at leas~ 50 percent of the
front yard setback and equal to four (4) feet in width along the
entire length of at least one of the s~de property lines, except
to the extent necessary to provide parking access pursuant to
Mun~c~pal Code section 9044.8. For lots in excess of 70 feet in
width, the unexcavated area of the side yards shall be provided
and maintained along the entire length of both side property
lines. subterranean, semi-subterranean parking structures,
basements, and other subterranean facilities may not project into
any portion of the required unexcava'1:ed areas. At least 50
percen~ of the surface areas of the unexcava~ed areas shall be
landscaped p~rsuant to the provisions of Subchapter 5B.
(b) On any lot in a residential District that has a width
of less than 50 feet, and which is developed with at least three
(3) units, there shall be provided and maintained an unexcavated
area along the entire length of the front property line equal in
area to at least 50 percent of the front yard setback, except to
the extent necessary to provide parking access pursuant to
Mun1cipal Code section 9044.8. Subterranean, semi-subterranean
parking structures, basements, and other subterranean facilities
may not proj ect into any portion of the required unexcavated
area. The front yard setback shall be landscaped pursuant to the
provisions of Subchapter SB. No side yard setback for
subterranean or semi-subterranean parkinq structures or basements
is required; however, at least 50 percent of the surface area of
the excavated sideyard area shall be landscaped. At least 50
percent of the surface areas of the unexcavated areas shall be
landscaped pursuant to the provisions of Subchapter 58.
- 3 -
SECTION 3. Reou1red Landsca~e Area for Buildinq Sites. In
- ... .. .
all res1dent1al Districts, including in Rl and R2R Districts, but
excluding the OP-l, OP-Duplex, OP-2, OP-3, and OP-4 Districts, a
minimum of 50% of the required front yard setback shall be
landscaped. In the OP-l, OP-Duplex, 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.
structures
Parking'
shall be
structures.
All
SECTION 4.
Subterranean
subterranean parking
ma1nta1ned as follows:
constructed
and
(a) All openings for ingress and egress facing the front
parcel line shall be situated at or behind the front building
line of the ma1n 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 ma1ntained in any required yard area except in the required
unexcavated areas of the front and side yards.
(c) Exits from any subterranean parking structure shall
provide sight d1stance which comply with standards established by
the Parking and Traffic Engineer.
SECTION 5. Semi-Subterranean Parking 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 buildinq or structure above the parkinq
structure does not exceed three (3) feet above the averaqe
natural or existinq grade of the lot, except for openings tor
.0 - 4 -
lngress and egress. A semi-subterranean parking struc~ure shall
not be counted as a floor or story for calculating building
he1ght. All semi-subterranean parking structures shall be
constructed and maintained as follows:
(a) All openings for ingress and egress facing the front
lot 11ne shall be situated at or behind the front building line
of the main building, except for the OP-l, OP-Duplex, 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 greater than 50 feet, a
semi-subterranean parking structure may be constructed and
mainta1ned in any required yard area except in a required
unexcavated area of a front or side yard.
(c) On lots l~ss than 50 feet in width, a
semi-subterranean parking structure may extend to both side
property lines, but may not extend into a required unexcavated
area of a required front yard.
(d) Exits from any semi-subterranean parking structure
shall provide sight distance which comply with standards
established by the Parking and Traffic Engineer.
SECTION 6. Applicability. The City Council adopted the
policy set forth in this Ordinance on June 4, 1991. Any
development applied for after June 4, 1991, and not approved on
the effective date of this Ordinance, shall be conditioned to
comply with this Ordinance.
- 5 -
SECTION 7. This ordinance J.5 declared to be an urgency
ordinance adopted to the provl.sions of section 9120.6 of the
Santa Monl.ca Municipal Code and Section 615 of the Santa Monica
City Charter. It is necessary for preserving the public peace,
health and safety, and the urgency for its adoption is set forth
1n the findings above.
SECTION 8. This ordinance shall be of no further force and
effect 45 days from its effective date, unless extended pursuant
to Section 9120.6.
SECTION 9. Any provision of the Santa Mon1ca Munl.cipal
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 affect the prOVisions of this Ordinance.
SECTION 10. 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, subsectl.on, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstttut!onal.
SECTION 11. The Mayor shall sign and the City Clerk shall
attest to the passaqe of this Ordinance. The City Clerk shall
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Adopted and approved this 12th day of May, :992.
I hereby certify that the foregoing Ordinance No. 1627 (CCS)
was duly and ~egularly introduced at a meeting of the ci ty
Counc~l on the 12th day of May 1992: that the said Ordinance was
thereafter duly adopted at a meeting of the City Council on the
12th day of May 1992 by the following Council vote:
--
Ayes:
Councilmembers:
Abdo, Genser, Holbrook, Katz,
Olsen, Vazquez, Zane
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councilmembers:
None
ATTEST:
~~Lct?~
cause the same to be published once In the offlclal newspaper
wlthin 15 days after its adoptlon. This Ordinance shall become
effect~ve immediately upon its adoption.
APPROVED AS TO FORM:
"_,-,,,,_ _.A- t__ \ -
, ~ l7YV \ r..-..,.H'l- --
ROBERT M. MYERS. 0
City Attorney
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