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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 JJN l) 1!"~!'1'! '-' 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 - 6 - ~#- 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 - 6 - - 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 - 7 -