SR-400-002 (2)
I/OD-- 002
.
4-j)
MAY 8 1990
'"
.... ,
.
CA:RMM:LLD610bjhpc
City Council Meeting 5-8-90
Santa Monica, California
~
STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Ordinance Amending Santa Monica Municipal Code
Section 9041.6 to Exempt Buildings within the
Main Street Commercial District From the Minimum
Landscape Setback Requirement
At its meeting on April 24, 1990, the city Council
introduced for first reading an ordinance amending Santa Monica
Municipal Code section 9041.6 to exempt buildings within the Main
street Commercial District from the minimum landscape setback
requirement. The ordinance is now presented to the City Council
for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, city Attorney
Laurie Lieberman, Deputy city Attorney
~-D
MAY 8 1990
,
e
.
CA:RMM:lld610/hpc
City Council Meeting 5-8-90
Santa Monica, California
ORDINANCE NUMBER 1 t;:/ 7 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 9041.6 TO EXEMPT BUILDINGS WITHIN THE
MAIN STREET COMMERCIAL DISTRICT FROM THE MINIMUM
LANDSCAPE SETBACK REQUIREMENT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Santa Monica Municipal Code section 9041.6 is
amended to read as follows:
SECTION 9041.6.
Required Landscape
Area for Buildinq sites.
(a) In all residential districts,
including the Rl and R2R districts, but
excluding the OP-1, OP-Duplex, OP-2, OP-3,
and OP-4 Districts, a minimum of 50% of
the required front yard setback shall be
landscaped. In OP-l, OP-2, OP-3, and OP-4
Districts,
all areas not covered by
sidewalks, driveways, porches, garages, or
buildings, shall be treated as landscaped
area, as defined in this Chapter.
(b) In all commercial districts,
except the eM District which contains
- 1 -
.
.
setback requirements in Sections
9023.6 (c) , (d) , and (e) , all new
construction or substantial remodel ing of
the existing improvements on the parcel
shall provide and maintain a landscaped
area averaging at least 10 feet, but at no
point less than 5 feet, adjacent to and
visible from all public rights-of-way.
(c) For all new construction or
major remodeling in the C5 Special Office
District, a landscaped area at least 15
feet wide shall be provided and maintained
immediately adjacent to all property lines
adjacent to streets or rights-of-way
except in required driveway or other
access areas.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
- 2 -
e
e
every section, subsection, sentence, clause, or phrase not
declared inval id or unconsti tutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be pub! ished once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~"-~
ROBERT M. MYERS
city Attorney
- 3 -
".... .....
.
.
Adopted and approved this 8th day of May, 1990.
fJ-.
1r
I hereby certify that the foregoing Ordinance No. 1522 (CCS)
was duly and regularly introduced at a meeting of the City
council on the 1st day of May 1990; that the said ordinance was
thereafter duly adopted at a meeting of the city Council on the
8th day of May 1990 by the following Council vote:
Ayes: councilmembers: Abdo, Genser, Jennings, Reed,
Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Counci1members: Finkel, Katz
ATTEST:
~
A'ss,i. Cj'ty Clerk