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SR-400-005-010 CA RLK: SIS: 1'78-04 COUDCll Mtg: 3-14-78 e tlOO-OO.s-O/O Santa Monlca, Callfornla March 2, 1978 1D TO: Mayor and Clty Councll MAR 1 4 1978 FROM: Clty-Attorney SUBJECT: Ordlnance Regardlng PubllC Access and Improvement RequlreBents for Development ProJects Introductlon ThlS report transffilts the attached ordinance for second readlng and adoptlon. ~~ Background The attached ordinance was lntroduced for flrst readlng and a publlC hearlng was held thereon by the Clty Councll at lts meetlng of February 28, 1978. The prevlous staff reports are attached for informatlon purposes. Alternatlve Solutlons The Clty Councll may lntroduce the attached ordlnance for second readlng and adopt the s~me as submltted, or may modlfy the same and adopt lt at a subsequent meetlng. Recornmendatlon It 1S respect~ully recommended that the Clty -1- ~p MAR 1 4 J978 CA 78-04 3-.8 e Caunell lntraduce the attached ordlnance for second readlng and adopt the sa~e. Prepared by: Rlchard L. Knlckerbocker, Clty Attorney Samuel I. Strelc~~an, Asslstant Clty Attorney -2- ..... CA 77-152 RLK:SIS:lch 1-1?-72 . e ORDINfu~CE NO. 1085(CC5) (Clty Caunell Serles) fu~ ORDINANCE OF THE CITY COU~CIL OF THE CITY OF SANTA MONICA ADDING SECTIONS 7163, 7164, 7165, 7166 AND 7167 TO THE SANTA MONICA MUNICIPAL CODE, PERTAINING TO PUBLIC ACCESS AND IHPROVEMENT REQUIREt.iENTS FOR DEVELOPMENT PROJECTS. .. THE CITY COUNCIL OF THE CITY OF SANTA BONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Sect10n 7163 lS hereby added to the Santa l10nica t-!un1cipal Code and shall read as follows: Sectlon 7163. REQUIRE~NTS AND CONDITIONS OF DEVELOPMENT. The access and lmprovement requlrements set forth herein and in Sectlons 7164 through 7167 shall a~?ly in all zones unless speclflcally exempted by other approvals of subdivlslons, land dlvislons, conditlonal use permlts, varlances, archltectural revlew, or other discretlonary approvals or unless speclflcally waived by the Clty Counell where thelr applicatlon would cause hazardous or other undeslrable 51tuations. SECTION 2. Sectlon 7164 is hereby added to the Santa Monica Munlcipal Code and shall read as follows: -1- '.... CA 78-04 1-30-78 e e Sectlon 7164. ACCESS AND STREET IMPROVEMENTS. To provlde proper access for users and to prevent cODgest~on and . other hazards related to the use of the land permltted In the appllcable zones, the followlng lmprovements are deemed necessary and must be provlded by the property owner at no cost to the Clty prlor to the publlC utllitles being authorlzed permanent connectlon and occupancy belng permltted: A. Alleys shall have been lmproved along the full alley frontage of the subject lot to the standards approved by the Clty Englneer. B. Curbs, gutters, street trees, sldewalks and intersectlon ramps for handlcapped, where appllcable, shall have been lnstalled alonq the full street frontages of the subject lot to the standards approved by the Clty Engineer. c. Street base and pavement along the full street frontage of the subject lot to the standards approved by the Clty EnglDeer shall be provlded from the -2- ..." . ~ CA 78-04 1-.78 e gutter at the subJect property slde of the street to the center Ilne of the rlght of way. .. D. Rlghts of way to accomodate the above shall have been dedlcated to the City. E. The C1ty Englneer may reqUlre lmprovements beyond the property frontages and street center line for a reasonable dlstance to properly and safely blend the conflguratlon of existlng lmprovements with the above requlrements. SECTION 3. Sectlon 7165 ~s hereby added to the Santa ilonlca NtUl1Clpal Code and shall read as foJ J ows: Sectlon 7165. DRAINAGE. Where development on a lot generates addltlonal dralnage runoff than that prevlously eXlstlng, or where such development may affect the flow of water in natural dralnage courses, or wlthln streets or other publlC rlghts of way, or when due to the appllcatlon of these lmprovement xequirernents, the Clty Engineer ~ay require reasonable dralnage lwprovements wlthln the lot or rlght of way to accomodate the potentlal effect of such water flow, WhlCh requlreroents shall -3- ~ CA 78-04 l-3~8 e conform wlth divislon 3.00 (dralnage regulations) of the BUlldlng Code. Improvement beyond the subJect lot and/or rlght of way way be requlred where necessary to properly and safely blend the conflguration of eXlstlng natural drainage courses and/or other drainage improvements with the improvements requlred hereln. . SECTION 4. Sectlon 7166 is hereby added to the Santa Monlca Munlcipal Code and shall read as follows: Section 7166. UNDERGROUND UTILITIES. For all structu~es WhlCh are to reCPlVP _:e~ electrlcal serVlce, except for structures located In single famlly resldential zones and other slngle farolly residentlal structures, wherever located, all utlllty connections shall be under- grounded wlthln the subJect property to the standards approved by the City Engineer and other approprlate agencles, from the nearest off-slte utlllty pole, structure or serVlce. -4- ~ C~ 78-04 l-iii78 e SECTION 5. Sect10n 7167 15 hereby added to the Santa Monlca MUDlclpal Code and shall read as follows: Sectlon 7167. RELOCATION, REPLACEMENT OR REPAIR OF EXISTING PUBLIC IMPROVE}ffiNTS AND INSTALLATION OF NEW PUBLIC IMPROVEMENTS. Where necessary due to development on private property or due to the appllcatlon of these lmprove~ent requlre~ents, the City Engineer may requlre the lnstallation of, the relocatlon of, the repalr of, the replacement of, or the lmprovement to eX15tlng publlC 1wprovements and facl11tles, as may reasonably be affected by the proposed development. Sald relocatlon, repalr, replacement, lnstallatlon or improvement May lllclude, but shall not be Ilffilted to, streets, curbs, curb radil, gutters, street trees, sldewalks, dralnage and Sueage facllit18S. street llghts, street slgns, publlC utillty Ilnes and poles, trafflC slgnals and fire hydrants. SECTION 6. Any provlslons of the Santa Monica Municipal Code, or appendlces thereto lncanslstent herewith, to the extent of such lnconslstencies and no further, are . -5- - CA . 04 1- 30__ e hereby repealed or modified to that extent necessary to effect the provisions of this ordinance. SECTION 7. If any section, subsectlon, sentence, clause or phrase of this ordinance 1S for any reason held to be invalid or unconstitutlonal by a decislon of any court of competent jurisdictlon, such decision shall not affect the valldity of the remainlng portions of the ordinance. The City Council hereby declares that it would have passed thlS ordinance and each and every sectlon, sub- section, sentence, clause or phrase not declared invalid or unconstltutlonal without regard to whether any portlon of the ordinance would be subsequently declared lnvalid or unconstitutional. SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passaqe of this ordinance. The City Clerk shall cause the same to be published once in the offlcial newspaper wlthin fifteen (15) days after its adoptlon. The ordinance shall become effectlve after thirty (30) days from lts adoptlon. ADOPTED and APPROVED this 14th day of March , 1978. I~~~~j MAYOR ATTEST: n . 1 '~,-~ CI,T'f/CL$X 1/ ~~ r;_ ,. CA' 78-04 1-30-' ~ STATE OF CALIFO~~IA ) COUNTY OF LOS ANGELES ) 55. CITY OF Sfu~TA MONICA ) I do hereby certlfy that the foregoing ordlnance was duly and regularly ~ntroduced at a meeting of the City .. Counell on the 2St~ day of February T 1978; tha~ there- after the sald ordlnance was duly adopted at a meeting of the Clty Councll on the J4th day of Marcp T 1978; by the followlng vote of the Counell: AYES: Councllmembe'l::': BambrICK, Cohen, Reed, Scott, Trives, van:den Steenhoven, -Mayor Sldnk NOES: Councllmember: \one ABSENT: CouncllI'1ember: :Jane (] ,.",t V~ ~') I... ~-p./1J:'~~A",--" /-:7 CITYi~~RK (/ I { : 11 ' ,\, I ! AP~.,~ AS ~o F.;~~a////.., //~ I A /'./ 1/.. " /f . I- _ t /! _/ /j ~ F," /' ,: /J ;'/ T /~J'.rr1' /;:'-f/~~_s_j.......... -,,/~ I?./ ('"--~,."~"..I--;_/""'__ JCiTY~ATfuRNEY , ~ ! 1\ I , . , '/ -7-