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SR-072605-7e (2) F:\PCDShare\2005CouncilStaffReports\drivewayRPTextend.doc Santa Monica, CA Council Meeting: July 26, 2005 To: Mayor and City Council From: City Staff Subject: Introduction for First Reading of an Interim Ordinance of the City Council Extending the Provisions of Interim Ordinance 2159 (CCS), Which Allows Administrative Approval of the Number and Type of Driveways Required for Parking Structures with over 40 Spaces in Multi-Family, Commercial and Industrial Districts in the City Introduction This report recommends that the City Council introduce for first reading an interim ordinance extending until March 11, 2007 the provisions of Ordinance Number 2159 (CCS), which was adopted on June 28, 2005 and which will expire on September 25, 2005, unless extended. Background/Discussion The current interim ordinance allows administrative approval of the number and type of driveways required to serve parking lots or structures which provide over 40 parking spaces. The proposed extended interim ordinance is identical. This change assists housing developments required to provide between 40 and 80 spaces in multi-family, commercial and industrial areas and removes an incentive for inclusion of unnecessary driveways in other project designs. It also eliminates the Code’s mandate that applicants provide more driveways than their project may need simply to avoid a 1 variance process. The extended interim change will ultimately be included in the Zoning Ordinance update associated with the new Land Use Element. Public Notice A legal advertisement was published in the “California” section of the Los Angeles Times at least 10 consecutive calendar days prior to the hearing. The notice was also mailed to all interested parties on record. A copy of the notice is contained in Attachment B. Budget/Fiscal Impact This ordinance will be implemented by existing staff. No budget/fiscal impact is expected. Recommendation It is recommended the City Council introduce on first reading An Interim Ordinance of the City of Santa Monica extending the provisions of Interim Ordinance Number 2159 (CCS) until March 11, 2007. Prepared by: Andy Agle, Interim Director of Planning and Community Development Lucy Dyke, Transportation Planning Manager Beth Rolandson, Senior Transportation Planner Ruth Harper, Transportation Planning Associate ATTACHMENTS: A) Extended Interim Ordinance B) Public Notice 2 atty\muni\laws\barry\drivewaysextend-1.doc F:\ City Council Meeting 7-26-05 Santa Monica, California ORDINANCE NUMBER ____ (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE INITIAL INTERIM ORDINANCE ALLOWING 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 THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The City Council finds and declares: (a) 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. (b) 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. (c) When evaluating and approving a design for a parking lot or structure which contains over 80 parking spaces, the Transportation Management Division assesses 3 whether the design provides for the efficient, effective, and safe circulation of both vehicles and pedestrians. (d) 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. (e) Each additional entrance or exit also requires an additional curb-cut which reduces on-street parking. (f) Fewer entrances and exits from parking structures into the public right-of-way create fewer points of conflict between vehicles, bicycles and pedestrians. (g) 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. (h) The City’s Zoning Ordinance should be revised to provide the Transportation Planning Manger with the discretion to establish the number and type of driveways provided to serve parking lots or structures which provide over 40 parking spaces based on considerations of safety, efficiency, and effectiveness. (i) Pending completion of these permanent revisions, in order to protect the public health, safety, and welfare, it is necessary on an interim basis to change current development standards as they relate to the number and type of driveways provided to serve parking lots and structures. (j) In light of these concerns, the City Council adopted Ordinance Number 2159 (CCS) on June 28, 2005, which allows administrative approval of the number and type 4 of driveways required for parking structures with over 40 parking spaces in Multi- Family, Commercial, and Industrial Districts in the City. However this ordinance will expire on September 25, 2005, unless extended. Adoption of the proposed extension ordinance will allow sufficient time for a comprehensive planning process to revise these development standards on a permanent basis in conjunction with the Land Use Element/Zoning Ordinance Update. (k) As described above, there exists a current and immediate threat to the public safety, health, and welfare should this interim ordinance not be adopted pending the City’s adoption of permanent revisions to the City’s Zoning Ordinance. (l) Consequently, the City Council finds and declares that the public health, safety and general welfare require adoption of this interim ordinance to extend the provisions of Ordinance Number 2159 (CCS) up to and including March 11, 2007, which allows 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. SECTION 2. Driveways. The minimum number and type of driveway required to be provided in all multi-family residential, commercial, and industrial districts shall be determined based on the number of parking spaces contained in any given parking area in accordance with the following standards: 1 to 20 spaces 1 single driveway 21 to 40 spaces 1 double driveway 41 spaces and over Number and type of driveway to be approved by the 5 Transportation Planning Manager based on considerations of safety, efficiency and effectiveness. SECTION 3. This ordinance shall be of no further force or effect after March 11, 2007, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this interim ordinance. SECTION 4. 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 5. If any section, subsection, sentence, clause, or phrase of this Interim 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 6. 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 6 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 7 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: PROPOSED INTERIM ORDINANCE MODIFYING AND EXTENDING INTERIM ORDINANCE 2159 (CCS), WHICH ALLOWS ADMINISTRATIVE APPROVAL OF THE NUMBER AND TYPE OF DRIVEWAYS REQUIRED FOR PARKING STRUCTURES WITH OVER 40 SPACES IN MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE CITY The City Council will hold a public hearing to consider extending the provisions of (Interim) Ordinance 2159 (CCS) which allows administrative approval of the number and type of driveways required to serve parking lots or structures which provide over 40 parking spaces. This change assists housing developments required to provide between 40 and 80 spaces in multi-family, commercial and industrial areas and removes an incentive for inclusion of unnecessary driveways in other project designs. It also eliminates the Code’s mandate that applicants provide more driveways than their project may need simply to avoid a variance process. The code modification is proposed as an interim change, with permanent changes to be included in the Zoning Ordinance update associated with the new Land Use Element. It is proposed that these standards be extended through March 2007. DATE/TIME: TUESDAY, JULY 26, 2005 at 6:45 p.m. LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting. Address your letters to: City Clerk 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this interim ordinance extension, please contact Ruth Harper, at (310) 458-8292, or by e-mail at ruth.harper@smgov.net. The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.santa-monica.org. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact Carmen Gutierrez at (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 Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 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 deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341. 8