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SR-400-005-08 RLK:AMK:mc Councll Ntg. 1011-78 rOO - oDS- - Oq, e Santa Mon~ca, Callfornla October 23, 1978 85 OCT 2 41978 TO: I<<lAYOR AND CITY COUNCIL FROM: Clty Attorney SUBJECT: Screenlng Ordlnance Introductlon ThlS transmits the attached ordlnance WhlCh amends Chapter 1, Article IX of the Santa ~bnlca Munlclpal Code by addlng a new Sectlon 9127J, relatlng to the screenlng of parklng and storage areas In connectlon wlth commerclal oper- atlons, for second readlng adoptlon. Background The background of thlS proposed ordlnance lS des- crlbed In the attached report dated SepteP1.ber 20, 1978. Alternat~ves The Clty Councll may adopt the proposed ordlnance, recommend changes thereto, or reject the ordlnance. Recommendatlons The proposed ordlnance conforms to the Plannlng CommlSSlon recommendatlon, WhlCh was based upon two years of ~[; OCT 2 4 1978 RLK:AMK:mc Councll Mtg. 10-__78 reo --- cc:;- -0'6 e study and numerous publlc near1ngs and study seSSlons wlth lnterested members of the communlty. It 1S respectfully recommended that the attached ordlnance be accepted for second readlng and adoptlon. PREPARED BY: RICHARD L. KNICKERBOCKER, Clty Attorney ANNE M. KIRLIN, Deputy C1ty Attorney CA RLK:AK:ms 4t ~ Council Mtg: 9-26-78 e I/oo~ Otd5 ~CJg 3/3 ORDINANCE NO. 1105(CC5) lLCJ 2 4 J978 (City Council Serles) AN ORDINAUCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 1, ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE BY ADDING THERETO SECTION 9127J RELATING TO THE SCREENING OF PARKING AND STORAGE AREAS IN CONNECTION WITH COMMERCIAL OPERATIONS. The Clty Councll of the Clty of Santa Monlca does ordaln as follows: SECTION 1. Chapter 1, Artlcle IX of the Santa Monica Municlpal Code lS hereby amended by the addltlon of Sect~on 9l27J to read as follows: 9l27J. SCREENING STANDARDS. The regu- latlons set forth ln thlS seetlon shall apply in all Commerclal Dlstricts and ln adjacent residentlal areas In use for parking, storage or other use In connectlon wlth any commercial operation. 9l27J.l. SCREENING VEHICLE PARKING AND STORAGE AREAS. All areas devoted to vehlcle parklng storage, serVlce, repair, equlpment replacement, washlng, pollshlng, palntlng and slmllar uses, but not lncludlng display for sale, lease or rental where autornobl1e sales, lease or rental are the prlnclpal commercial buslness, V1Slble from a publlC rlght-of-way shall be screened In accordance wlth the followlng requirements: -1- CA RLK:AK:ms Counc~l Mtg: e 9/26/78 . a. An open area of not less than 2 feet ~n depth measured hor~zontally from the property Ilne adJacent to the publlC rlght-of-way shall be developed and ma~ntalned ln landscaplng ~ncludlng an automatlc tlmer-controlled permanent waterlng systemj and b. Permanent opaque landscaplng, fencing or walls shall be provlded and malntalned at a he~ght of not less than 3 feet above the average adJacent grade at a dlstance of not less than 2 feet measured horlzontal- ly from the adJacent publlC right-of-way. In no case shall screenlng structures or materlals, wlth the exceptlon of Ilvlng plants, exceed 6 feet ln helght above the adjacent grade; or c. In lleu of (a) and (b), such other screening plan, deslgn and materlals approved by the Archltectural Review Board as satls- factorily meetlng the lntent of these sectlons. d. No screen requlred to be erected and rnalntalned by the provls~ons of thlS sub- sect~on shall be constructed wlthin 5 feet measured horlzontally on e~~her slde of a drlveway entrance or vehlcle access way openlng onto a street or alley which would ~m?a~r an unobstructed cross Vlew of pedestrlans on the sidewalk, alley or elsewhere by motor- lSts enterlng or leavlng. The unobstructed areas shall not, however, exceed 10 feet on elther slde of a drlveway, entrance or vehlcle access-way. 9l27J.2. REFUSE STORAGE AREAS. All outdoor storage of trash, garbage, refuse and other items or materlals lntended for d~scardlng or collectlon shall be screened on a mlnlmum of three sldes from public Vlew by a S0110 opaque lmpact-reslstant wall not less than 5 feet ln helght or, alternatlvely, such other materlals or deslgn approved by the Arch~tectural ReVlew Board. -2- CA RLK:AK:ms Counell l-1tg: . 9/26/78 e 9127J.3. STORAGE AREAS. All storage of merehandlse, wares, crates, bottles, or slffillar ltems necessary to or part of a buslness or eommerclal operatlon shall be screened from Vlew according to the provlslons speclfled in 9127J.2. 9l27J.4. MECHANICAL EQUIPMENT AREA. All mechani- cal equ1pment shall be screened from Vlew accordlng to the provlsions speclfled In 9127J.3 except that mechanlcal equipment enclosed 1n a houslng or cover meetlng the lntent and purpose of th1S ordlnance shall be exempt form the provlslons of this section. 9l27J.5. APPLICABILITY. The regulatlons here- after set forth shall apply to all new construction wlthin the City of Santa Monica after the effectlve date thereof and shall be appllcable to all existing commerclal areas five (5) years after the effectlve date thereof, the legislative intent being that all commercial propertles shall have compIled wlth these prOV1Slons flve {5} years after the date of their adoptlon. SECTION 2. Any provlsions of the Santa Monlca Munlcipal Code, or appendlces thereto lnconslstent herewith, to the extent of such lnconslstencles and no further, are hereby repealed or modified to that extent necessary to effect the provlslons of thlS ordlnance. SECTION 3. If any word, sectlon, subsectlon, sentence, clause or phrase of thlS ordinance is for any reason held to be invalid or unconstltutlonal by a declsion of any court -3- CA RLK :AK : IDS Councll Ntg: e 9/26/78 e of competent ]ursldlctlon, such declslon shall not affect the valldlty of the remalnlng portlons of the ordlnance. The Clty Counell hereby declares that lt would have passed thlS ordlnance and each and every word, sectlon, subsectlon, sentence, clause or phrase not declared lnvalld or unconstl- tutlonal wlthout regard to whether any portion of the ordlnance would be subsequently declared lnvalld or unconstl- tutional. SECTION 4. The Mayor shall slgn and the Clty Clerk shall attest to the passage of thlS ordlnance. The Clty Clerk shall cause the same to be publlshed once in the offic~al newspaper wlthln f~fteen {IS} days after ltS adoption. ThlS ordlnance shall become effectlve after thirty (30) days from and after ltS adoptlon. ADOPTED and APPROVED thlS 24th day of October , 1978. -! J --/ /' ~.f::;:;;;:;;,'-? jf-, ~ f~ t/-1AYOR PRO TEMPORE ATTEST: (/) ~ -:? ,"" ~..X- ~ //~_ ~I7Y OLERK L/ -4-