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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
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DEe 5 1989
.
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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
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.
.
. ~
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
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..
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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-
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..
.
.
.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