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SR-400-005-07 'to - U OEe 5 \989 California --" ~co -- cc~ - 07-- CA:RMM:ll561ajhpc City council Meeting 11-28-89 Santa Monica, Li V I - 1Y1 -2.-- STAFF REPORT TO: Mayor and city Counc1l FROM: city Attorney SUBJECT: Ordinance Creating a Moratorium on Construction of Basements and Underground Garages Beneath Required Yards in the R-l Zone D1strict and Declaring the Presence of an Emergency At its meeting on November 14, 1989, the City council directed the City Attorney to prepare an emergency ordinance that would prohibit construction of basements and underground garages that extend beyond the footprint of any structure into required front, side or rear yards in the R-1 Zone District. Such an ordinance is necessary pending revision of the Zoning Ordinance to include development standards for basements and subterranean garages in the R-l Zone District. In response to this direction, the accompanying ordinance has been prepared and 15 presented to the City Council for its consideration. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, city Attorney Laurie Lieberman, Deputy city Attorney <6-D ~J DEe 5 1989 . ..~ ~ I' ,. /"~ (' J 'II o' CA:RMM:11561/hpc city council Meeting 11-28-89 Santa Monica, California ORDINANCE NUMBER (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING A MORATORIUM ON CONSTRUCTION OF BASEMENTS AND UNDERGROUND GARAGES BENEATH REQUIRED YARDS IN THE R-1 ZONE DISTRICT 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 Zoning Ordinance does not contain development standards for subterranean garages and basements in the R-1 Zone District. (b) On more than one recent occasion, basements or subterranean garages have been excavated to within eighteen inches of the sidewalk. (c) The construction of subterranean garages and basements that extend beyond the footprint of structures into required front, side and rear yards creates an inability to realize groundwater recharge from rain and garden watering. (d) The construction of subterranean garages and basements that extend beyond the footprint of structures into required front, side and rear yards will also have the effect of creating more groundwater run-off. - 1 - . . (e) The construction of subterranean garages and basements that extend beyond the footprint of structures into required front, side and rear yards will intensify the use of land in the R-l Zone District beyond the level of intensity that was intended. (f) The zoning Ordinance contains development standards which govern the construction of subterranean garages and basements in mUlti-family residential zones. (g) The Zoning Ordinance requires review and revision as it pertains to the construction of subterranean garages and basements in the R-l Zone District. (h) Pending completion of this review and revision, it is necessary to estabish an interim control measure that will prevent further construction of subterranean garages and basements that extend into required front, side and rear yards in the R-l Zone District. SECTION 2. Moratorium. (a) A moratorium is hereby placed on the acceptance for processing of any applications for approval of planning, buildlng or other City permits in the R-l Zone District for the construction of subterranean garages and basements that extend beyond the footprint of any structure into required front, s1de or rear yards. (b) city staff is hereby directed to disapprove all applications filed after November 14, 1989, for approval of planning, building or other City permits for the construction of subterranean garages and basements that extend beyond the - 2 - . . footprint of any structure into required front, side or rear yards in the R-1 Zone District. SECTION 3. This Ordinance shall be of no further force and effect 45 days from its adoption, unless prior to that date, after a public hearing, noticed pursuant to Section 9131.5 of the Santa Monica Municipal Code, the City Council, by majority vote, extends the interim ordinance for up to 10 months and 15 days. The City Council hereby sets January 9, 1989, as the date for the public hearing. SECTION 4. 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 5. 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 unconstitutlonal without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The city Clerk shall - 3 - . . . ~ cause the same to be published 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 - 4 - .. I . e f'O{) ..- t/t?:5 ~O7- . CA:RMM:11561/hpc City Council Meeting 11-28-89 Santa Monica, California ORDINANCE NUMBER 1?04 (CCS) (City council series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING A MORATORIUM ON CONSTRUCTION OF BASEMENTS AND UNDERGROUND GARAGES BENEATH REQUIRED YARDS IN THE R-1 ZONE DISTRICT 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 Zoning Ordinance does not contain development standards for subterranean garages and basements in the R-1 Zone District. (b) On more than one recent occasion, basements or subterranean garages have been excavated to within eighteen inches of the sidewalk. (c) construction garages and The of subterranean basements that extend beyond the footprint of structures into required front, side and rear yards creates an inabili ty to realize groundwater recharge from rain and garden watering. (d) construction garages and The of subterranean basements that extend beyond the footprint of structures lnto required front, side and rear yards will also have the effect of creating more groundwater run-off. - 1 - . . ~ (e) The construction of subterranean garages and basements that extend beyond the footprint of structures into required front, side and rear yards will intensify the use of land in the R-l Zone District beyond the level of intensity that was intended. ( f) The Zoning Ordinance contains development standards which govern the construction of subterranean garages and basements in multi-family residential zones. (g) The Zoning Ordinance requires review and revision as it pertains to the construction of subterranean garages and basements in the R-l Zone D~str~ct. (h) Pending completion of this review and revision, it is necessary to estabish an interim control measure that will prevent further construction of subterranean garages and basements that extend into required front, side and rear yards in the R-l Zone District. SECTION 2. Moratorium. (a) A moratorium is hereby placed on the acceptance for processing of any applications for approval of planning, building or other City permits in the R-1 Zone District for the construction of subterranean garages and basements that extend beyond the footprint of any structure into required front, side or rear yards. (b) City staff ~s hereby directed to disapprove all applications filed after November 14, 1989, for approval of planning, building or other City permits for the construction of subterranean garages and basements that extend beyond the - 2 - . . . footprint of any structure into required front, side or rear yards in the R-1 Zone District. SECTION 3. This Ordinance shall be of no further force and effect 45 days from its adoption, unless prior to that date, after a public hearing, noticed pursuant to Section 9131.5 of the Santa Monica Municipal Code, the City Council, by majority vote, extends the interim ordinance for up to 10 months and 15 days. The city Council hereby sets January 9, 1990, as the date for the public hearing. SECTION 4. 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 5. 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 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall - 3 - . . .. cause the same to be published 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 (5- - 4 - .. . . .it Adopted and approved this 5th day of December, 1989. Y~2)~ I hereby certify that the foregoing Ordinance No. 1504(CCS) was duly and regularly introduced at a meeting of the ci ty Council on the 5th day of December 1989; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 5th day of December 1989 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Jennings, Genser, Ka t z , Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: rx11ti~ -ASST.?J"CY Clerk