O2298f;\atty\muni\laws\barry\transportation 10-27-09
City Council Meeting 10-27-09 Santa Monica, California
ORDINANCE NUMBER 2298 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTIONS 9.04.10.02.090, 9.04.10.08.070,
9.04.10.08.100, AND 9.04.10.08.190 OF THE SANTA MONICA MUNICIPAL CODE
RELATED TO THE NUMBER AND TYPE OF DRIVEWAYS REQUIRED FOR
PARKING LOTS AND STRUCTURES WITH MORE THAN 40 SPACES, HAZARDOUS
VISUAL OBSTRUCTION MITIGATIONS, ALLOWABLE NUMBER OF PARKING
MANEUVERS, PARKING ACCESS IN ALL DISTRICTS, AND GARAGE DOOR WIDTH
IN THE FRONT ONE-HALF OF PARCELS
WHEREAS, the City of Santa Monica is concerned with the efficient, effective
and safe circulation of vehicles and pedestrians both inside parking areas and within the
public right-of-way; and
WHEREAS, Santa Monica Municipal Code Section 9.04.10.08.100 provides
discretion to transportation staff to determine the number of driveways for projects
providing over 80 parking spaces, but mandates two double driveways for projects
providing between 41 and 80 parking spaces in multi-family, commercial and industrial
districts; and
WHEREAS, when evaluating and approving a design .fora parking lot or
structure which contains over 80 parking spaces, the .Transportation Management
Division assesses whether the design provides for the efficient, effective, and safe
circulation of both vehicles and pedestrians; and
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WHEREAS, each additional entrance or exit from a parking structure into the
public right-of-way creates an additional point of conflict between vehicles, bicyclists or
pedestrians in the street or alley; and
WHEREAS, each additional entrance or exit also requires an additional curb-cut
which reduces on-street parking; and
WHEREAS, fewer entrances and exits from parking structures into the public
right-of-way create fewer points of conflict between vehicles, bicycles and pedestrians;
and
WHEREAS, the current Zoning Ordinance provision can require applicants with
projects providing 41 and 80 spaces to propose more driveways than are necessary to
safely and efficiently serve particular projects, thereby leading to the potential conflicts
and detriments addressed above; and
WHEREAS, in light of these concerns, the City Council adopted Ordinance
Number 2159 (CCS) on June 28; 2005, Ordinance Number 2164 (CCS) on September
25, 2005, and Ordinance Number 2200 (CCS) on March 11, 2007, which allow
administrative approval of the number and type of driveways required for parking
structures with over 40 parking spaces in Multi-Family, Commercial, and Industrial
Districts in the City; and
WHEREAS, this extension ordinance will expire orr December 11, 2009 and
may not be extended; and
WHEREAS, it is appropriate to modify other parking and circulation design
requirements located in Santa Monica Municipal Code Sections 9.04.10.02.090,
9.04.10.08.190, and 9.04.10.08.070 so as to eliminate requirements that contradict
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principles of good design or sound policy, impede necessary flexibility, or cause
confusion; and
WHEREAS,. these other additional minor amendments to the Zoning Ordinance
relate to parking and circulation design requirements, including requirements related to
providing driveways free of hazardous visual obstructions and designing adequate
access to parking spaces both in parking Tots and structures and in residential garages,
and are necessary to facilitate better design and allow flexibility for the Transportation
Management Division in its review of proposed parking facilities; and
WHEREAS, the Planning Commission adopted a Resolution of Intention to
initiate this Zoning Text Amendment on August 19, 2009; and
WHEREAS, the Planning Commission held a public hearing on September 2,
2009 and recommended approval of the proposed text amendments to the City Council;
and
WHEREAS, the proposed Zoning Text Amendments are consistent in principle
with several of the goals, objectives and policies of the General Plan. Specifically, the
amendment is consistent with Circulation Element Policy 4.3.7 which states that: "New
driveways and mid-block access points shall be limited especially along major roads..."
and Circulation Element Policy 4.7.3,. which states that "Most efficient use of parking
facilities shall be encouraged...;" and
WHEREAS, the proposed Zoning Text Amendments are also consistent with the
direction for future development expressed in the Land Use and Circulation Element
Strategy Framework, which envisions a continuation and intensification of policies that
promote pedestrian safety and priority, and discourages points of conflict that are
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generated by excessive numbers of driveways, sub-standard garage doors and speed
bumps adjacent to driveways; and
WHEREAS, the public health, safety and general welfare require the adoption of
the proposed provisions in order to ensure adequate access to parking areas and
spaces with minimum interference with the movement of pedestrians, bicyclists and
other vehicular traffic, to provide drivers with maximum visibility of the surrounding area,
and to clarify Code language, which contributes to improving the City's permit process
and providing better customer service,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.10.08.100 is hereby
amended to read as follows:
9.04.10.08.100 Driveways.
(a) For purposes of this Section:
(1) A driveway is defined as an access drive leading from a public
street or right-of-way to a parking area, or from one parking area to
another, but not including any ramp, aisle, maneuvering area or driveway
approach.
(2) A ramp is defined as an access driveway leading from one
parking level to another.
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(b) Driveways in the R1 Single Family District shall not be less
than ten feet in width. The driveway width shall be maintained free and
clear of all obstructions.
(c) In multi-family residential districts, driveways shall conform to
the following standards:
Single driveway
Double driveway
10-foot minimum, with 12-foot
minimum apron
20-foot minimum, with 24-foot
minimum apron
The minimum number and type of driveways required to be
provided shall be determined. based on the number of parking spaces
contained in any given parking area according to the following standard:
1 to 20 spaces
21 to 40 spaces
1 single driveway
1 double driveway
41 spaces and over Number and type of driveway to be
approved by the Transportation
Planning Manager based on
considerations of safety, efficiency, and
effectiveness.
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The driveway width shall be maintained free and clear of all
obstructions.
(d) In all commercial and industrial districts, driveways shall
conform to the following standards:
Single driveway
Double driveway
10-foot minimum. with 12-foot
minimum apron
20-foot minimum, with 24-foot
minimum apron
The minimum number and type of driveway required to be provided
shall be determined on the number of parking spaces contained in any
given parking area according to the following standard:
1 to 20 spaces
21 to 40 spaces
1 single driveway
1 double driveway
41 spaces and over Number and type of driveway to be
approved by the Transportation
Planning Manager based on
considerations of safety, efficiency, and
effectiveness.
The driveway width shall be maintained free and clear of all
obstructions.
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(e) In all districts, interior ramps with one-way traffic shall be not
less than fourteen feet in width and ramps with two way traffic shall be not
less than twenty feet in width.
(f) In all districts, the Zoning Administrator and the City Parking
and Traffic Engineer may reduce the driveway width as necessary .and
appropriate such that circulation, traffic and safety concerns are
adequately addressed.
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 feet from the intersection of the parcel line with a driveway or garage
door, or the intersection of parcel lines adjacent to street or alley
intersections unless the obstruction is either less than twenty-four inches
above the adjacent vehicle right-of-way or is authorized pursuant to
subsection (b) of this Section. No development shall be allowed if it would
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otherwise cause an existing obstruction to be in violation of this subsection
(a) unless the obstruction is either less than twenty-four inches above the
adjacent vehicle right-of-way or the obstruction or development is
authorized pursuant to subsections (b) or (c) 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:
(1) 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 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
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(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.
(c) The Zoning Administrator and Transportation Manager may
during the plan check process approve a detached garage located in the
R1 District with alley access even if this garage would cause an existing
obstruction to be located in the hazardous visual obstruction area if the
garage will be designed to maintain adequate sight view and/or provide
other design elements, such as the use of mirrors and will not constitute a
hazard to persons lawfully using an adjacent sidewalk, alley, street or
other right-of-way.
SECTION 3. Santa Monica Municipal Code Section 9.04.10.08.070 is hereby
amended to read as follows:
9.04.10.08.070 Parking access in all districts.
(a) Use of a required parking space shall not require more than
two vehicle maneuvers. Notwithstanding the above, for all uses with 20 or
more parking spaces, up to 5% of the total number of parking spaces, with
a maximum of 10 spaces, may require four turning maneuvers. Such
spaces shall be distributed around the parking area(s) on the parcel.
(b) Exits from any subterranean or semisubterranean parking
structure shall provide sight distance which complies with standards
established by the Transportation Planning Manager.
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(c) The width of any garage door shall be at least 8' for a single
space and at least 16' for two spaces. Unless- otherwise expressly
prohibited in this Chapter, additional width shall be required if the
Transportation Planning Manager determines that it is necessary and
appropriate to adequately address circulation, traffic and safety concerns.
SECTION 4. Santa Monica Municipal Code Section 9.04.10.08.190 is hereby
amended to read as follows:
9.04.10.08.190 Location of required parking spaces.
(a) Required off-street parking spaces shall be located on the
parcel or building site. In commercial or industrial districts, off-street
parking may be located off of the parcel or building site, except as
prohibited by Section 9.04.10.08.200 of this Chapter, if each of the
following conditions are satisfied:
(1) All parking spaces are located within one thousand feet
of the perimeter of the parcel or building site and the parking area
commences within three hundred feet of the perimeter. This distance shall
be computed from the nearest point of the parking area
(2) The property on which the parking spaces are provided
is owned in fee by the owner of the parcel or building site which is subject
to the parking space requirements.
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(3) Additional documents, covenants, deed restrictions, or
other agreements as may be deemed necessary by the Zoning
Administrator are executed to assure that the required parking spaces are
maintained off site.
(b) Parking requirements may not be met by providing parking in
the front one-half of a parcel in a residential district except:
(1) In a garage. If the garage faces the front lot line, the
garage doors shall not be more than eighteen feet wide for each seventy-
five feet, or fraction thereof of lot width. A door to a single space shall not
be less than eight feet or more than nine feet wide, and a door to two
spaces shall be sixteen feet wide. Not more than one double garage may
be entered from the side street side of a corner or a reversed corner lot in
compliance with Section 9.04.10.08.070(c). Any garage on the front one-
half of a lot or on the side street side of a corner or a reversed corner lot
shall be fully enclosed within the architecture and structure of the main
building except for entrances;
(2) In multi-family residential districts, where the parcel has
no alley, provided that no part of a required front yard shall be used for
parking purposes;
(3) Where the parcel is in the A Overlay District and has
been approved for parking use pursuant to the provisions of Part
9.04.08.36.
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SECTION 5. 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.
SECTION 6. 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 7. 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.
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APPROVED AS TO FORM:
Approved and adopted this 27th day of October, 2009
Ken Genser, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2298 (CCS) had its introduction on October 13th, 2009, and
was adopted at the Santa Monica City Council meeting held on October 27th, 2009; by
the following vote:
Ayes: Council members: Bloom, Holbrook, McKeown, Shriver, Davis
Mayor Genser, Mayor Pro Tem O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2298 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
Maria Stewart, City erk