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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 1 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 2 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 3 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. 4 (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. 5 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. 6 (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 7 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 8 (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. 9 (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. 10 (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. 11 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. 12 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