SR-400-005-010
CA RLK: SIS: 1'78-04
COUDCll Mtg: 3-14-78
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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.
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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
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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
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CA 77-152 RLK:SIS:lch 1-1?-72
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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.
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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:
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Sectlon 7164. ACCESS AND STREET
IMPROVEMENTS. To provlde proper access
for users and to prevent cODgest~on and
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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
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gutter at the subJect property slde
of the street to the center Ilne of the
rlght of way.
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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
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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.
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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.
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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
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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:
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,. CA' 78-04 1-30-'
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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
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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~ ~')
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JCiTY~ATfuRNEY
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