SR-400-005-14 (2)
PCD:SF:JT:AS:PF:BL:f:\plan\share\council\strpt\TA00003hazViewSupl.doc
Council Mtg: February 12, 2002 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Introduction and First Reading of an Ordinance Amending Santa Monica
Municipal Code Sections 9.04.10.02.090 Regarding Hazardous Visual
Obstructions Adjacent to Vehicle and Pedestrian Right-of-Ways and Section
9.04.10.02.080 Regarding Fences and Walls in the Hazardous Visual
Obstruction Area.
Introduction
This report recommends that the City Council introduce for first reading an ordinance to
modify the Zoning Ordinance to allow driveway curbs, low planter walls, and landscaping
within the Hazardous Visual Obstruction area, a safety zone adjacent to driveways.
Additionally, the proposed ordinance would authorize the Zoning Administrator and
Transportation Planning Manager to approve certain encroachments within this area.
Allowable fence and wall requirements would also be amended to be consistent with the
Hazardous Visual Obstruction requirements. The proposed ordinance is contained in
Attachment A.
Background
On June 6, 2001, the Planning Commission recommended that the City Council amend the
Hazardous Visual Obstruction Section of the Zoning Ordinance. After conducting a public
hearing on November 13, 2001, the City Council introduced an ordinance to implement the
Planning Commission’s recommendation. However, at second reading, the City Council
directed staff to develop an alternative method to modify the Hazardous Visual Obstruction
requirement for detached garages that are accessed from the alley in the R1 District.
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The Hazardous Visual Obstruction area 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. A diagram illustrating the Hazardous Visual Obstruction area is contained in
Attachment B. The Hazardous Visual Obstruction standards of the Zoning Ordinance
require that safety zones adjacent to a driveway be unobstructed. A copy of the November
10, 2001 City Council Staff Report is contained in Attachment D.
Analysis
The intent of the Hazardous Visual Obstruction criteria is to provide a reasonable sight
corridor so motorists can see, as well as be seen by, converging pedestrians and/or
vehicles. The proposed ordinance would authorize the Zoning Administrator and
Transportation Planning Manager to approve encroachments within this area on a case-
by-case basis. Detached parking garages are allowed to abut a side property line. When
this occurs, the Hazardous Visual Obstruction area extends across the property line onto
the neighboring property, which commonly has a view-blocking fence.Because a
proposed project has no control over the neighboring property to move the obstructing
fence or wall, the only feasible option to comply with the Hazardous Visual Obstruction
requirement is to locate the new garage 2.5’ from the side property line, or obtain an
encroachment approval from the Zoning Administrator and Transportation Planning
Manager. Pursuant to City Council direction, the proposed ordinance has been revised.
Subsection 9.04.10.02.090(c) has been added to allow the Zoning Administrator and
Transportation Manager to approve detached garages with alley access in the R1 District
where the garage placement results in a visual obstruction, provided that the proposed
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project will be designed to maintain adequate safety and/or provide other design elements,
including, but not limited to the use of mirrors or other safety features and will not
constitute a hazard to persons using the alley. This review will occur during the plan check
process without requiring homeowners in the R1 District to submit a separate application
and demonstrate hardship. A minor change in Subsection 9.04.10.02.090(a) has also
been made to clarify that no new development shall be designed or constructed in a way
that causes an existing obstruction, such as a fence, to violate this section. This change is
declaratory of the existing law.
Proposed Ordinance
The proposed ordinance would authorize the Zoning Administrator and Transportation
Planning Manager to approve encroachments within the Hazardous Visual Obstruction
area on a case-by-case basis. A more flexible approach to an encroachment that is
created by a new detached garage in the R1 District is appropriate because there are
typically lower traffic volumes in the R1 District, reducing the potential for a conflict. In
addition, the proposed 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. This change will maintain the “see and be seen” safety criteria of the
existing requirement while allowing reasonable flexibility in designing projects, including
allowing planter curbs, landscaping or a neighbor’s flower bed adjacent to a new driveway.
Amendments to Section 9.04.10.02.080 would specify that fencing, walls and hedges must
comply with the five-foot Hazardous Visual Obstruction requirements as amended above.
Conclusion
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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 Objective 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” as proposed amendment will ensure new development does not impact
public safety. The proposed ordinance is also consistent with General Plan Land Use
Objective 3.3, to enhance pedestrian scale and character of streets, and Circulation
Element Objective 4.6, to protect and encourage non-motorized transportation, in that
pedestrian and vehicular safety at intersections will be protected while allowing
landscaping that enhances the pedestrian experience.
PUBLIC NOTIFICATION
Pursuant to Government Code Section 65804, notice of the public hearing for the
Ordinance Amendment was published in the “California” Section of the Los Angeles Times
newspaper at least ten consecutive calendar days prior to the hearing. Notice of the public
hearing was also sent to all neighborhood organizations, the Planning Commission, City of
Los Angeles, other State and county agencies and posted on the City’s Web site. A copy
of the notice is contained in Attachment C.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council hold a public hearing and introduce for first
reading an ordinance amending Sections 9.04.10.02.090 and 9.04.10.02.080 of the Santa
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Monica Municipal Code regarding Hazardous Visual Obstructions adjacent to vehicle and
pedestrian rights-of-way and the height and locations fences, walls and hedges.
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Paul Foley, Senior Planner
Bruce Leach, Associate Planner
Attachments:
A. Proposed Ordinance
B. Hazardous Visual Obstruction Diagram Not available electronically
C. Notice of Public Hearing
D. 11/13/01 City Council Staff Report
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Ordinance for Introduction and First Reading to amend Santa Monica
Municipal Code Section 9.04.10.02.090 regarding Hazardous
Visual Obstructions at driveway intersections with public rights-
of-way, and to amend Section 9.04.10.02.080 regarding fence
heights to ensure consistency with the Hazardous Visual
Obstruction requirements.
APPLICANT: City of Santa Monica
WHEN: Tuesday, February 12, 2002 at 6:45pm
WHERE: City Hall Council Chambers
1685 Main Street
Santa Monica, California
PROJECT DESCRIPTION
The City Council will conduct a public hearing to consider Amendment of Santa Monica
Municipal Code (SMMC) Section 9.04.10.02.090 regarding Hazardous Visual Obstructions
at driveway intersections with public rights-of-way, and amendment of Section
9.04.10.02.080 regarding fence heights within a Hazardous Visual Obstruction area to
ensure consistency with the Hazardous Visual Obstruction requirements. The proposed
Zoning Ordinance amendment affects all Districts in the City.
HOW TO COMMENT
You may comment at the City Council public hearing, or by writing a letter. Written
information received before 3:00pm on the Wednesday before the hearing will be given to
the City Council in their packet. Information received after that time will be given to the City
Council prior to the meeting.
Address your letters to: City Clerk
Re: TA 00-003
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want additional information about this project, please contact Associate Planner
Bruce Leach, at (310) 458-8341 or via e-mail at bruce-leach@santa-monica.org.
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Information is also available on the City’s web site at www.santa-monica.org. The meeting
facility is wheelchair accessible. For disability-related accommodations please contact
(310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials
are available in alternate format upon request. Santa Monica Bus Lines 1, 2, 3 and 7
serve City Hall.
Pursuant to California Government Code Section 65009(b), if this matter is subsequently
challenged in Court, the challenge may be limited to only those issues raised at the Public
Hearing described in this notice, or in written correspondence delivered to the City of
Santa Monica at, or prior to, the Public Hearing.
ESPAÑOL
Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo
desarrollo en Santa Monica. Si desea más información, favor de llamar a Carmen
Gutierrez al número (310) 458-8341.
APPROVED AS TO FORM:
_________________________
Jay M. Trevino, AICP
Planning Manager
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PCD:SF:JT:AS:PF:BL:f:\plan\share\council\strpt\TA00003hazView.doc
Council Mtg: November 13, 2001 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Introduce for First Reading an Ordinance Amending
Santa Monica Municipal Code Sections 9.04.10.02.090 Regarding
Hazardous Visual Obstructions Adjacent to Vehicle and Pedestrian Right-of-
Ways and Section 9.04.10.02.080 Regarding Fences and Walls in the
Hazardous Visual Obstruction Area.
Introduction
This report recommends that the City Council introduce for first reading an ordinance to
modify the Zoning Ordinance to allow driveway curbs, low planter walls, and landscaping
within the Hazardous Visual Obstruction area, a safety zone adjacent to driveways.
Additionally, the proposed amendment would authorize the Zoning Administrator and
Transportation Planning Manager to approve certain encroachments within this area.
Allowable fence and wall requirements would also be amended to be consistent with the
Hazardous Visual Obstruction requirements. On June 6, 2001, the Planning Commission
recommended approval of the ordinance as proposed. The proposed ordinance is
contained in Attachment A.
Background
The Hazardous Visual Obstruction area 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. A diagram illustrating the Hazardous Visual Obstruction area is contained in
Attachment B. The Hazardous Visual Obstruction standards of the Zoning Ordinance
require that safety zones adjacent to a driveway be unobstructed. This requirement,
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however, conflicts with other Code provisions regarding fence and wall heights and the
location of detached garages.
SMMC Section 9.04.10.02.080 allows 36” high fences, walls, or hedges to be located
within five feet of the intersection of the street side property line and any driveway or alley
and, on corner parcels, to be located within five feet of the front yard fence and any
driveway or alley. This standard creates confusion because the subsection does not
clearly prohibit such improvements in the more restrictive Hazardous Visual Obstruction
area.
SMMC Section 9.04.10.02.100(b) allows detached parking garages and their driveways to
abut a side property line. When this occurs, the Hazardous Visual Obstruction area
extends across the property line onto the neighboring property. In this situation, the
neighboring property may have an existing improvement (garage or fence) within the five-
foot area. Because a proposed project has no control over the neighboring property, the
only feasible option to comply with the Hazardous Visual Obstruction requirement is to
locate the new driveway and, in some cases the garage, away from the side property line.
This requirement conflicts with setback standards that allow garages to be constructed
along a side property line. The issue affects residential, commercial and industrial
development throughout the City.
Analysis
The intent of Hazardous Visual Obstruction criteria is to provide a reasonable sight
corridor so motorists can see, as well as be seen by, converging pedestrians and/or
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vehicles. Minor encroachments into the five-foot Hazardous Visual Obstruction area by
low curbs, low planter walls, low vegetation, or a narrow column may be consistent with the
ordinance’s intent, provided that the encroachment does not significantly obstruct a
driver’s view. The ability to see, and be seen, over a fence or hedge is primarily a function
of whether the approaching pedestrian or car and the driver’s eye is higher than the fence
or landscaping. Accordingly, comparing the height of the driver’s eye with the minimum
height of converging objects determines how high an element can safely project into the
Hazardous Visual Obstruction area before it becomes a visual obstruction. Since this is a
safety related issue, a conservative approach using the worst-case scenario should be
used to determine what can encroach into the Hazardous Visual Obstruction area.
The Institute of Transportation Engineers (ITE) Transportation and Traffic Engineering
Handbook indicates that the eye height of a passenger car driver varies from 39” to 47”
above the roadway. Although the heights of vehicle hoods vary they are typically over 30”
above the roadway because of minimum tire sizes. Given that the height of a small child
can be under 30,” the worst-case scenario would involve an auto-pedestrian conflict with a
small child. The child’s head must be higher than the wall or screen material to be seen.
Staff believes that six inches is an adequate clearance. A six-inch clearance would allow
obstructions up to 24” high. Considering the forgoing, allowing curbs or fencing up to 24”
in height is consistent with the Hazardous Visual Obstruction requirement because even a
child 30” tall would be visible over a 24” high obstruction. Since landscaping requires
constant maintenance, approval of landscaping encroachments should clearly indicate that
the vegetation must be maintained lower than 24” above the adjacent roadway/sidewalk
surface by the property owner. Additional analysis and design diagrams are provided in
the Planning Commission Staff Report, which is contained in Attachment F.
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Proposed Ordinance
The proposed ordinance amending SMMC Section 9.04.10.02.090 would allow driveway
curbs, low planter walls and landscaping not more than 24 inches in height within the five-
foot Hazardous Visual Obstruction area. This change will maintain the “see and be seen”
safety criteria of the existing requirement while allowing reasonable flexibility in designing
projects, including allowing planter curbs, landscaping or a neighbor’s flower bed adjacent
to a new driveway. Additionally, the proposed ordinance would authorize the Zoning
Administrator and Transportation Planning Manager to approve other low profile
encroachments within this area on a case-by-case basis. Amendments to Section
9.04.10.02.080 would specify that fencing, walls and hedges must comply with the five-foot
Hazardous Visual Obstruction requirements as amended above.
Planning Commission Action
th
The Planning Commission held public hearings on January 10 and June 6, 2001 and
forwarded to the Council a recommendation to adopt the proposed ordinance. The
proposed ordinance was revised after the January 10, 2001 meeting to better define the
limits of allowed encroachments and to improve clarity in response to Planning
Commission concerns. Since the code does not allow anything in the Hazardous Visual
Obstruction area, identifying violations is relatively simple using the current ordinance.
Some members of the Planning Commission expressed concern that a number of
properties currently have front yard hedges and walls that are over height and allowing any
encroachment, including landscaping, might encourage violations and complicate code
enforcement efforts. Pertinent portions of the January 10, 2001 and June 6, 2001
Planning Commission minutes are contained in Attachment E.
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Conclusion
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 Objective 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” as proposed amendment will ensure new development does not impact
public safety. The proposed ordinance is also consistent with General Plan Land Use
Objective 3.3, to enhance pedestrian scale and character of streets, and Circulation
Element Objective 4.6, to protect and encourage non-motorized transportation, in that
pedestrian and vehicular safety at intersections will be protected while allowing
landscaping that enhances the pedestrian experience.
CEQA STATUS
The project is categorically exempt from the provisions of CEQA pursuant to Class 5(a) of
the State Implementation Guidelines in that the project involves a minor alteration in the
land use limitations pertaining to walls, fences and landscaping adjacent to the intersection
of driveways and sidewalks, streets, alleys, or other public rights-of-way.
PUBLIC NOTIFICATION
Pursuant to Government Code Section 65804, notice of the public hearing for the
Ordinance Amendment was published in the “California” Section of the Los Angeles Times
newspaper at least ten consecutive calendar days prior to the hearing. Notice of the public
hearing was also sent to all neighborhood organizations, the Planning Commission, City of
12
Los Angeles, other State and county agencies and posted on the City’s Web site. A copy
of the notice is contained in Attachment C.
IMPACT ON HISTORIC RESOURCES
The proposed amendment would affect the design of new driveways for new and existing
development in all districts, including historic properties. However, because the proposal
provides more flexibility to comply with the Hazardous Visual Obstruction requirement, the
proposed amendment could reduce impacts on historic resources compared to current
regulations that could require alteration of a historic building.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council hold a public hearing and introduce for first
reading an ordinance amending Sections 9.04.10.02.090 and 9.04.10.02.080 of the Santa
Monica Municipal Code regarding Hazardous Visual Obstructions adjacent to vehicle and
pedestrian rights-of-way and the height and locations fences, walls and hedges.
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Paul Foley, Senior Planner
Bruce Leach, Associate Planner
Attachments:
E. Proposed Ordinance
F. Hazardous Visual Obstruction Diagram
G. Notice of Public Hearing
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H. Min
utes of the 1/10/01 and 6/6/01 Planning Commission Meeting (excerpt)
I. 6/6/
01 Planning Commission Staff Report
SF:jt:as:pf:bl
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Ordinance for Introduction and First Reading to amend Santa Monica
14
Municipal Code Section 9.04.10.02.090 regarding Hazardous
Visual Obstructions at driveway intersections with public rights-
of-way, and to amend Section 9.04.10.02.080 regarding fence
heights to ensure consistency with the Hazardous Visual
Obstruction requirements.
APPLICANT: City of Santa Monica
WHEN: Tuesday, February 12, 2002 at 6:45pm
WHERE: City Hall Council Chambers
1685 Main Street
Santa Monica, California
PROJECT DESCRIPTION
The City Council will conduct a public hearing to consider Amendment of Santa Monica
Municipal Code (SMMC) Section 9.04.10.02.090 regarding Hazardous Visual Obstructions
at driveway intersections with public rights-of-way, and amendment of Section
9.04.10.02.080 regarding fence heights within a Hazardous Visual Obstruction area to
ensure consistency with the Hazardous Visual Obstruction requirements. The proposed
Zoning Ordinance amendment affects all Districts in the City.
HOW TO COMMENT
You may comment at the City Council public hearing, or by writing a letter. Written
information received before 3:00pm on the Wednesday before the hearing will be given to
the City Council in their packet. Information received after that time will be given to the City
Council prior to the meeting.
Address your letters to: City Clerk
Re: TA 00-003
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want additional information about this project, please contact Associate Planner
Bruce Leach, at (310) 458-8341 or via e-mail at bruce-leach@santa-monica.org.
Information is also available on the City’s web site at www.santa-monica.org. The meeting
facility is wheelchair accessible. For disability-related accommodations please contact
(310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials
are available in alternate format upon request. Santa Monica Bus Lines 1, 2, 3 and 7
serve City Hall.
15
Pursuant to California Government Code Section 65009(b), if this matter is subsequently
challenged in Court, the challenge may be limited to only those issues raised at the Public
Hearing described in this notice, or in written correspondence delivered to the City of
Santa Monica at, or prior to, the Public Hearing.
ESPAÑOL
Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo
desarrollo en Santa Monica. Si desea más información, favor de llamar a Carmen
Gutierrez al número (310) 458-8341.
APPROVED AS TO FORM:
_________________________
Jay M. Trevino, AICP
Planning Manager
F:\PLAN\SHARE\COUNCIL\NOTICES\00TA003HazView.doc
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