SR-400-005-14
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City Council Meeting 11-27-01 Santa Monica,
California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: An Ordinance of The City Council of The City of Santa Monica Amending
Santa Monica Municipal Code Section 9.04.10.02.080 And 9.04.10.02.090
Relating to Hazardous Visual Obstructions
Introduction
At its meeting on November 13, 2001, the City Council introduced for first reading an
ordinance amending Santa Monica Municipal Code Section 9.04.10.02.080 and
9.04.10.02.090 relating to Hazardous Visual Obstructions. The ordinance is now
presented to the City Council for adoption.
Recommendation
Staff recommends that the Council adopt the attached ordinance.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Barry Rosenbaum, Senior Land Use Attorney
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f:\atty\muni\laws\barry\TA00003hazView-1.doc
City Council Meeting 11-27-01
Santa Monica, California
ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.10.02.080 AND
9.04.10.02.090 RELATING TO HAZARDOUS VISUAL OBSTRUCTIONS
WHEREAS, the City’s Zoning Ordinance establishes Hazardous Visual
Obstruction zones; and
WHEREAS, a Hazardous Visual Obstruction zone is a triangular area that
starts five feet before the point a driveway intersects a sidewalk, street, or
alley and extends five feet on each side of the driveway; and
WHEREAS, the Zoning Ordinance presently requires that the Hazardous Visual
Obstruction zones adjacent to a driveway be unobstructed; and
WHEREAS, the purpose of the standards governing encroachments into the
five-foot Hazardous Visual Obstructions area is to provide a reasonable sight
corridor so motorists can see, as well as be seen by, converging pedestrians
and/or vehicles; and
WHEREAS, minor encroachments into the five-foot Hazardous Visual Obstruction
area by low curbs, low planter walls, low vegetation, or a narrow column is consistent
with the Hazardous Visual Obstruction standard provided the encroachment does not
significantly obstruct a driver’s view; and
WHEREAS, this ordinance would allow driveway curbs, low planter walls and
landscaping not more than 24 inches in height within the five-foot Hazardous
Visual Obstruction area; and
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WHEREAS, the Zoning Administrator and Transportation Planning Manager may
approve additional encroachments into the obstruction area providing detailed
findings are made that the encroachment is safe and there are special
circumstances justifying the encroachment allowance; and
WHEREAS, on December 6, 2000 the Planning Commission conducted a public
hearing to adopt a Resolution of Intention which stated the Commission’s
intention to modify Santa Monica Municipal Code Sections 9.04.10.02.090 and
9.04.10.02.080 pertaining to Hazardous Visual Obstructions; and
WHEREAS, on January 10 and June 6, 2001, the Planning Commission held
public hearings on these proposed zoning text amendments; and
WHEREAS, the Planning Commission forwarded a recommendation to the City
Council to adopt zoning ordinance text amendments to modify Hazardous Visual
Obstruction requirements to allow driveway curbs, low planter walls, and
landscaping within the Hazardous Visual Obstruction area; and
WHEREAS, the City Council held a public hearing on the proposed Zoning
Ordinance Text Amendments on November 13, 2001; and
WHEREAS, the proposed amendments are consistent in principle with the
goals, objectives, policies, land uses, and programs specified in the adopted
General Plan, specifically Land Use Element Objection 1.2 which states that the
City’s land use policies should “ensure compatibility of adjacent land uses,
with particular concern for protecting residential neighborhoods;” and
WHEREAS, the proposed amendments will allow for the orderly development
of the City while improving public safety between adjacent uses; and
WHEREAS, the proposed amendments are also consistent with General Plan
Land Use Objective 3.3 to enhance pedestrian scale and character of streets and
WHEREAS, the proposed amendments are further consistent with Circulation
Element Objective 4.6 to protect and encourage non-motorized transportation, in
that the proposed ordinance encourages pedestrian and vehicular safety at
intersections and allowing additional landscaping enhances the pedestrian
experience further encourages pedestrian activity; and
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WHEREAS, the City Council finds and declares that the public health, safety and
general welfare require the adoption of the proposed amendments to the Zoning
Ordinance since the Hazardous Visual Obstruction design requirements improve public
safety by ensuring that the visibility of automobiles entering or exiting an alley, driveway,
parking lot, or vehicle accessway is not impaired and that there are no unnecessary
hazards blocking the view of pedestrians lawfully using an adjacent right-of-way,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION. 1. Santa Monica Municipal Code Section 9.04.10.02.080 is hereby
amended to read as follows:
9.04.10.02.080 Fence, wall, hedge, flagpole.
Subject to the Hazardous Visual Obstruction requirements of
,
Section 9.04.10.02.090 any fence, wall, hedge, or flagpole shall
comply with the following standards:
(a) Fences, walls, or hedges shall not exceed eight feet in height
when located in a required side yard or rear yard.
(b)(1) Fences, walls or hedges shall not exceed forty-two
inches in height when located in a required front yard.
(2) A front yard chain link fence for a school may be up to eight feet
in height.
(c)Fence, wall or hedge height shall be measured from the
existing grade. In all cases, the fence, wall or hedge
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height shall be measured in a continuum at each point
along the fence, wall or hedge.
(d) Freestanding flagpoles may not exceed the height restrictions
of the district in which they are located.
SECTION 2. Santa Monica Municipal Code Section 9.04.10.02.090 is hereby
amended to read as follows:
9.04.10.02.090 Hazardous Visual Obstructions.
(a) Notwithstanding Section 9.04.10.02.080, no person shall permit
any obstruction, including, but not limited to any fence, wall, hedge, tree, or
landscape planting to obscure or block the visibility of vehicles entering or
exiting an alley, driveway, parking lot, street intersection, or other vehicle
right-of-way or to constitute an unreasonable and unnecessary hazard to
persons lawfully using an adjacent pedestrian or vehicle right-of-way. In
addition, no obstruction shall be located less than five (5) feet from the
intersection of the parcel line with a driveway, or garage entrance, or the
intersection of parcel lines adjacent to street or alley intersections unless the
obstruction is either less than twenty-four inches (24”) above the adjacent
vehicle right-of-way or is authorized pursuant to subsection (b) of this
Section.
(b) The Zoning Administrator and Transportation Planning Manager may
approve encroachments into the five foot hazardous visual area in
addition to those specified in subsection (a) of this Section when the
property owner submits a written request and satisfactory evidence that:
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(1) There are special circumstances or exceptional characteristics
applicable to the property, including size, shape, topography, location, or
surroundings that do not apply to other properties in the vicinity which
unreasonably restricts an owner’s ability to comply with subsection (a) of this
Section; and
(2) The proposed encroachment will be designed to maintain
adequate sight view and/or provide other design elements, such as the use
of mirrors and speed bumps and will not constitute a hazard to persons
lawfully using an adjacent sidewalk, alley, street, or other right-of-way; and
(3) The strict application of the provisions of this Chapter would
result in practical difficulties or unnecessary hardships, not including
economic difficulties or economic hardships, or would result in unreasonable
deprivation of the use or enjoyment of the property; and
(4) The granting of the encroachment will not be contrary to or in
conflict with the general purposes and intent of this Chapter, nor to the
goals, objectives, and policies of the General Plan.
SECTION 3. 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, is hereby repealed or modified
to that extent necessary to effect the provisions of this Ordinance.
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SECTION 4. 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 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 5. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published
once in the official newspaper within 15 days after its adoption. This
Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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