SR 10-24-2023 8A
City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.A
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Engineering and Street
Services
Subject: Introduction and First Reading of an Ordinance Replacing Santa Monica
Municipal Code Chapter 7.04.800 (Access and Street Improvements) in its
Entirety
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of exemptions pursuant to Section 15301, 15303, 15304, and
15305 of the California Environmental Quality Act (CEQA) Guidelines and
Section 21080.25 of CEQA.
2. Introduce for first reading the attached ordinance replacing the codified text of
Santa Monica Municipal Code Chapter 7.04.800 in its entirety to clarify the City’s
public right of way requirements for new development.
Summary
The City of Santa Monica is the owner and caretaker of the public right-of-way (ROW)
and strives to ensure that the public ROW addresses the various needs of the
community. New development and re-development on private parcels in the City cause
traffic circulation impacts to the adjacent public ROW by increasing pedestrian and
vehicular traffic, necessitating ROW dedications and related infrastructure
improvements to ensure adequate traffic and pedestrian circulation and safety.
The City Engineer is responsible for enforcing the City’s public ROW standards for new
development and re-development on private parcels. Chapter 7.04.800 sets forth the
City’s public right of way requirements in general, but many of the City’s standard
requirements are not clearly stated in the ordinance, including the circumstances under
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which sub-standard alleys (typically 15 feet wide) must be widened to meet the 20 foot
width standard necessary for adequate vehicular and pedestrian traffic circulation, as
well as sufficient fire equipment and Resource Recovery and Recycling (RRR) truck
access, in order to provide essential City services for such new development and re-
development.
On March 14, 1978, Council adopted the existing ordinance, Chapter 7.04.800 –
Access and street improvements – of the City’s Municipal Code with no amendments
made since that time. The proposed update to this existing code section would clarify
and accentuate the applicability of ROW acquisition and required ROW enhancements
associated with private development and re-development projects in various zones in
the city. The City Engineer recommends that Council adopt the proposed ordinance to
replace ordinance Chapter 7.04.800 in its entirety.
Discussion
Council adopted Chapter 7.04.800 establishing access and street improvement
regulations on March 14, 1978, and since this time, there have been no updates to this
chapter. The proposed code section would improve, clarify, and provide a nexus
connecting the requirements to applicable or eligible private development and re-
development project types within the City. Staff from various departments, including
Public Works, City Attorney’s Office, and Community Development, have collaborated
to update Chapter 7.04.800 of the Municipal Code addressing the applicability of
specific development or re-development project types to comply with various ROW
acquisition and off-site improvement requirements as a direct impact from private
development.
Highlights of the proposed ordinance are summarized in Table 1 and expanded on with
several examples below of previous projects that required ROW acquisition and off-site
improvements. The proposed changes further clarify key terms, applicability of
development and re-development projects, and specific provisions for compliance prior
to issuance of a final Certificate of Occupancy for the building development.
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Project
type
Right-of-Way
Dedication
Off-Site Improvements
Dedication
(alleys)
Dedication
(streets
and
highways)
Sidewalk,
Parkways,
Curb and
Gutter,
Street Trees
Alley Paving,
Alley Lighting
(as required),
Utilities
Relocation
Roadway Paving,
Traffic Signals, and
Street Signs, Street
Lights, and Utilities
Relocation
Major
Projects X X X X X
All
other
projects
X X
(as needed)
Table 1: Summary of Dedication and Off-Site Improvement Requirements
Key Definitions
• Major Project: A “major project” is defined to be a residential, commercial,
industrial, or institutional development which is defined in Chapter 9 of SMMC.
Meaning a Major Project would have to be a new development or redevelopment
of a Parcel(s) that entails the construction of “Principal Structure(s)” as a “Newly
Constructed Building”.
• Principal Structure is a main building (not an accessory building).
• Newly Constructed Building is a new Principal Structure or addition or
modification to existing Principal Structures where 50% of exterior walls are
removed (as defined in Chapter 9 of SMMC).
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Examples: Easement Dedication of ROW (ROW acquisition)
A new development provides an easement dedication to widen a non-standard alley.
The vehicular access to the new development is from the alley which will increase
vehicular volumes in the alley causing vehicular circulation impacts. The existing alley
was 15 ft in width. A City standard 20 ft alley width required 2.5 ft of dedication on the
development side (which is ½ of the standard width measured from the centerline of the
alley). Most substandard alleys in the city are 15 ft wide. See Figure 1 below.
Figure 1: Alley Easement Dedication Example
(For Vehicular Access and Circulation)
Cities throughout the state have adopted a 20-foot wide alley standard to ensure
adequate access for two-way car traffic, to accommodate trash bins and allow access
for trash trucks to conduct pick-ups, to align with fire code to ensure adequate space for
fire trucks during emergencies, and allow enough room for all the utilities to service
residents and businesses. Approximately ninety percent (90%) of City’s alleys are 20
feet wide. The remaining alleys that are less than 20 feet wide are considered sub-
standard.
Another easement dedication example would be a curb ramp easement dedication. The
project required upgrades to the existing curb ramp which included part of the landing
area of the curb ramp to encroach onto the development property requiring an
easement dedication for pedestrian access (as shown by green triangle in Figure 2
below).
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Figure 2: Curb Ramp Easement Dedication (for Pedestrian Access)
Example: Off-site Improvements
As part of the development shown in Figure 3, the developer was required to implement
various offsite improvements due to the impact of the development on the surrounding
ROW. New sidewalk, curb & gutter, curb ramp and roadway paving improvements were
implemented along the entire frontage and rear of the property along the alley. For
example, the development was required to pave the full width of the street on both 5th
Street and Broadway due to the various trenching operations that occurred within the
street, along with anticipated heavy vehicle and equipment usage of the street
roadways including the alley.
Figure 3: Off-Site Improvements: New Sidewalk, Curb & Gutter, Curb Ramp and
Paving
Public Outreach
The community was notified of the proposed ordinance updates by staff and an in-
person outreach meeting was held on April 12, 2023, in the City Council Chambers.
City staff mailed and emailed notification of the proposed ordinance changes to
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community members, developers, consultants, contractors, and attorneys potentially
affected by the update, informing them of pending clarifying updates to the existing
ordinance.
After the public meeting, staff circulated a draft of the ordinance and a copy of the
presentation given on April 12, 2023. The documents were and are currently posted on
the City website in order to garner stakeholder feedback and public input prior to the
Council meeting. During the feedback period, between April 2023 and July 2023, staff
received clarification questions on a couple of key points in the ordinance. Staff
subsequently met with stakeholders to address pertinent comments while updating the
draft ordinance with the collective input received. This resulted in refined definitions of
project types that would prompt ROW dedication and off-site requirements and helped
clarify the effect ROW dedications would have on project development standards (e.g.
Floor Area Ratio calculations and parcel setback requirements).
Past Council Actions
Meeting Date Description
3/14/1978 (Attachment A) Ordinance adding Section 7164 to the Santa Monica Municipal
Code, pertaining to public access and improvement requirements
for development projects (CCS No. 1085)
Environmental Review
The ordinance is exempt from CEQA pursuant to Sections 15301, 15303, 15304,
15305 of the CEQA Guidelines and Section 21080.25 of CEQA. Section 15301 (Class
1 – Existing Facilities) exempts projects that consists of the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or
private structures, facilities, mechanical equipment, or topographical features, involving
negligible or no expansion of existing or former use. Section 15303 (Class 3 – New
Construction or Conversion of Small Structures) exempts the construction and location
of limited numbers of new, small facilities or structures; installation of small new
equipment and facilities in small structures; and the conversion of existing small
structures from one use to another where only minor modifications are made in the
exterior of the structure. Section 15304 (Class 4 – Minor Alterations to Land) exempts
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minor public or private alterations in the condition of land, water, and/or vegetation
which do not involve removal of healthy, mature, scenic trees except for forestry or
agricultural purposes. Section 15305 (Class 5 – Minor Alterations in Land Use
Limitations) exempts minor alterations in land use limitations in areas with an average
slope of less than 20%, which do not result in any changes in land use or density.
Additionally, Section 21080.25 of CEQA states that CEQA does not apply to pedestrian
and bicycle facilities that improve safety, access, or mobility, including new facilities,
within the public right-of-way. The ordinance would establish easement requirements
on existing streets/alleys and right of way enhancements such as widening, sidewalk
improvements, new paving, and curb improvements to improve vehicular and
pedestrian safety. Therefore, the ordinance is exempt from CEQA.
Financial Impacts and Budget Actions
There are no financial or budgetary impacts to the City as a result of the recommended
action. Staff will return to Council if specific budget actions are required in the future.
Prepared By: Joshua Carvalho, Civil Engineer
Approved
Forwarded to Council
Attachments:
A. Existing Ordinance 3_14_78 Ordinance (CCS No. 1085)
B. Proposed Ordinance
C. PowerPoint Presentation
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Page 1 of 12
City Council Meeting: October 24, 2023 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
REPLACING THE TEXT OF SANTA MONICA MUNICIPAL CODE SECTION 7.04.800
IN ITS ENTIRETY AND RENAMING THE SECTION TO “DEDICATION, EASEMENTS
AND IMPROVEMENTS OF PUBLIC RIGHT-OF-WAY”
WHEREAS, the City of Santa Monica is the owner and caretaker of the public
right-of-way (ROW), and strives to ensure the public ROW addresses the various needs
of the public and community; and
WHEREAS, new development on private parcels in the City often results in
increased pedestrian and vehicular traffic, thus necessitating upgrades to the public
ROW adjacent to the new development; and
WHEREAS, such upgrades are necessary to ensure safe pedestrian and vehicular
travel, and include public ROW widening and improvements to sidewalks and streets to
safely accommodate increased volumes of pedestrians and vehicles resulting from the
new development; and
WHEREAS, on March 14, 1978, Council adopted Ordinance No. 1085CCS,
(Chapter 7.04.800 – Access and street improvements), codifying the City’s public ROW
requirements; and
WHEREAS, Ordinance No. 1085CCS is outdated and does not clearly or
comprehensively communicate the City’s public ROW requirements; and
8.A.b
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Page 2 of 12
WHEREAS, the City Engineer has recommended replacing the codified text of
Ordinance No. 1085CCS in its entirety, as set forth herein; and
WHEREAS, the City Council deems it necessary to replace Ordinance No.
1085CCS to reflect the City’s public ROW requirements more clearly for new
development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The entirety of Santa Monica Municipal Code Section 7.04.800 is
hereby replaced with the following text, as follows:
7.04.800 Access and street improvements.
To provide proper access for users and to prevent congestion and other
hazards related to the use of the land permitted in the applicable zones, the following
improvements are deemed necessary and must be provided by the property owner at
no cost to the City prior to the public utilities being authorized permanent connection
and occupancy being permitted:
A. Alleys shall have been improved along the full alley frontage of the
subject lot to the standards approved by the City Engineer.
B. Curbs, gutters, street trees, sidewalks and intersection ramps for
handicapped, where applicable, shall have been installed along the full street frontages
of the subject lot to the standards approved by the City Engineer.
C. Street base and pavement along the full street frontage of the subject lot
to the standards approved by the City Engineer shall be provided from the gutter at the
subject property side of the street to the center line of the right-of-way.
8.A.b
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Page 3 of 12
D. Rights-of-way to accommodate the above shall have been dedicated to
the City.
E. The City Engineer may require improvements beyond the property
frontages and street center line for a reasonable distance to properly and safely blend
the configuration of existing improvements with the above requirements.
7.04.800 Dedication, Easements, and Improvement of Public Right-of-Way
7.04.800.010 Purpose.
The intent of this Chapter is to provide for the orderly acquisition and improvement of the public
right-of-way (“right-of-way”) for the benefit of public health, safety, and welfare, and also provide
proper circulation access for right-of-way users by preventing congestion and other hazards
caused by impacts resulting from the development of land permitted in the applicable zones. The
following provisions relating to right-of-way acquisition and off-site improvements are deemed
necessary and must be provided by the private property developer or private property owner at
no cost to the City.
7.04.800.020 Definitions.
A. Dedication. “Dedication” means the setting aside of private property for public right-of-
way use and the acceptance of land for such use by the City of Santa Monica (“City”).
B. Easement. “Easement” means the legal right or privilege to use real property (including
access rights) distinct from the ownership of real property. Easement types after dedication of
right-of-way:
1. Access Easement. A right or rights granted or taken for the construction, maintenance,
and operation of roadways and/or pedestrian or bicycle trails and sidewalks which does
not transfer fee title.
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2. Utilities Easement. A right or rights granted or taken for the construction, maintenance
and operation of City or private utilities including but not limited to water, sewer, storm,
electricity, natural gas, and telecommunications above or below the ground, which does
not transfer fee title.
C. Institutional Development. “Institutional Developments” consist of building projects that
are within the jurisdictional oversight of the State or County, such as the Division of the State
Architect (DSA) which oversees design and construction for K-12 schools and community
colleges, the Office of Statewide Health and Planning & Development (OSHPD) which oversees
design and construction of hospital buildings and other healthcare institutions, and the Los
Angeles County Metropolitan Transportation Authority (Metro) which oversees construction of
transit facilities. Although building construction is governed by the State or the County, right-of-
way dedications may apply as deemed necessary by the City Engineer in accordance this
ordinance.
D. Major Project. A “major project” is defined to be a residential, commercial, industrial or
institutional development which meets certain applicable development characteristics as set forth
in Section 7.04.800.030(A)(1) below.
E. Newly Constructed Building. “Newly Constructed Building” means a new structure that
has never been used or occupied for any purpose or removal and replacement of an existing
structure, or repair, alteration, modification, addition to, or rehabilitation of an existing structure,
where a demolition will occur, as defined in Chapter 9.25.030 (A.1) or (A.2).
F. Offsite Improvements. "Offsite improvements" or “improvements” means any
construction or reconstruction of certain infrastructure within a public right-of-way or easement as
set forth in this ordinance.
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G. Principal Structure. “Principal Structure” means a building other than one which is used
for purposes wholly incidental or accessory to the use of another building or use on the same
premises.
H. Right-of-Way. “Right-of-Way” means a strip of land over which a public road and/or
corridor are built for vehicular (motorized) and pedestrian/bikeway (non-motorized) transportation
as well as parking, utility and buffering uses. A right-of-way may exist through the establishment
of an easement of the dedication of land for right-of-way purposes.
I. Substandard Alley defined. A “substandard alley” is an alley less than 20 feet in
width.
7.04.800.030 Dedication and Easements.
A. Dedication of Right-of-Way— Applicable project types. Any residential, commercial,
industrial, or institutional development, that meets the following development characteristics:
1. New development or redevelopment of a Parcel. The new development or
redevelopment of parcel(s) that entails the construction of “Principal Structure(s)” as a
“Newly Constructed Building” as defined in Section 7.04.800.020 and;
2. Right-of-way abutment. The development parcel(s) is abutting an existing public right-
of-way alley that is less than the standard right-of-way width set forth in this ordinance or
the parcel(s) is abutting existing public rights-of-way fronting the development that is less
than the standard right-of-way widths set forth in the width standards specified on file and
published with the City Engineer’s Office and website.
B. Dedication Standard. Private parcels shall be required to dedicate right-of-way in such
a manner as to create an easement for street and public utilities purposes and all other uses
appurtenant thereto, in, over, under, along, and across the portion of that lot based upon the width
standards specified on file and published with the City Engineer’s Office and website. The right-
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of-way easement area shall be dedicated and improved prior to the issuance of a building permit
and certificate of occupancy, respectively, for such proposed new construction.
C. Width. Standard City Street right-of-way widths establishes the various classifications for
City public rights-of-way. The standard widths for each City Street are on file and published with
the City Engineer’s Office and website. Existing or new alleys are required to be a standard of 20
feet in width. Substandard alley locations are also on file with the City Engineer’s Office and
website. The right-of-way dedication on an individual lot shall be one-half (½) of the required
standard width, measured from the centerline of the street or alley.
1. Greater Widths. Greater widths may be required as determined by the City Engineer to
accommodate needed vehicular and pedestrian paths of travel as a result of such
proposed new construction if the City Engineer determines that a dedication or
improvement greater than what is required by the standard widths for each City street
bears an essential nexus and rough proportionality to a project impact. Additional
dedication and improvements may also be imposed to ensure compliance with the
Americans with Disabilities Act (ADA).
2. Reduced Widths. The required standard width may be reduced at specific locations on
specific streets due to unusual conditions, as authorized by the City Engineer or his or her
designee.
D. Effect on Development Standards. Except as expressly provided herein, all required
development standards shall adhere to the following requirements:
1. Project density, lot area, buildable area, parcel coverage, or floor area ratio. Shall
apply to the Parcel Area per Section 9.52.020.1590, provided, however, that any required
street or alley right-of-way dedications pursuant to this Chapter shall not count as excluded
street or alley rights-of-way per Section 9.52.020.1590.
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2. Building setback requirements in relation to right-of-way dedications. Shall adhere
to Section 9.04.130 for determining yard setback requirements and shall adhere to
specified Development Standards for setbacks in each particular zoning district per
Chapter 9.07 thru 9.20. Pursuant to Section 9.04.130, setbacks required to be measured
from parcel lines and not from the centerline of the street or alley must be measured from
the right-of-way dedication required by this Chapter.
3. Required yards, parking area, loading space, and building locations for new
structures or additions to buildings or structures. Shall be measured and calculated
from the new lot lines being created by said dedication.
4. All other provisions. Area of such land shall be considered as that which existed
immediately prior to such street dedication.
E. Nonconformities. Nothing herein shall modify an owner’s non-conforming rights under
Chapter 9.27.
F. Dedication Instrument. Dedications shall be memorialized by an easement agreement
in a form approved by the City Attorney and recorded by the City with the Office of the Los Angeles
County Recorder.
G. Timing of Dedication. As required by this Section, the recordation of the dedication with
the Office of the Los Angeles County Recorder shall occur prior to issuance of a building permit.
H. Revocable Dedication / Easement. In the event that an applicable building permit is
deemed expired per Section 8.08.070(c) by the Building Official, and an easement dedication has
been recorded at the Office of the Los Angeles County Recorder in accordance with this Section,
the easement dedication shall be deemed null and void. Any application for new development or
redevelopment after building permit expiration shall require the execution and recording of a new
revocable easement agreement prior to issuance of a new building permit.
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07.04.800.040 Off-Site Improvements.
A. Applicability. Prior to the issuance of occupancy permits for any new or redeveloped
residential, commercial, industrial, or institutional developments, the development shall provide
the following off-site improvements (“improvements”) as deemed necessary and applicable by the
City Engineer. All property owners shall make all required improvements and repairs to abutting
public rights-of-way. The improvements and repairs shall extend along the width and/or depth of
the property and for a reasonable distance beyond the property as is necessary to complete the
improvement or repair. Existing improvements that are damaged and that may have been
damaged during construction of the building shall also be repaired.
B. Required Improvements—All applicable project types. All applicable projects shall be
required to provide some or all of the following right-of-way improvements as are deemed
necessary and applicable by the City Engineer:
1. Sidewalk and Parkway. Construction or repair of a sidewalk and parkway adjoining the
site. The sidewalks shall be parallel to the curb and travel lanes on the street. The
sidewalk shall have a minimum clear width as shown on file and published with the City
Engineer’s Office; however, the sidewalk shall be four (4) feet wide at a minimum. Partial
relief from this requirement may only be granted by the City Engineer or his or her
designee. Curb ramps shall also be reconstructed or repaired if non-compliant.
Additionally, as a minimum requirement, any parkway disturbed due to project
improvements must be removed and replaced to match existing. Any new parkway
landscaping required per project scope must be implemented per the Parkway Landscape
Design, Installation and Maintenance section below.
2. Curb and Gutter. Construction or repair of curbs and gutters adjoining the site. All unused
driveway curb cuts shall be replaced with a full-height curb and gutter per Chapter 7.24.
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3. Street Trees. As required by Chapter 7.40.
C. Required Improvements - All applicable projects abutting alley. In addition to the
improvements required above, projects that abut an alley right-of-way may require implementation
of the following alley improvements as deemed necessary and applicable by the City Engineer.
1. Alley Paving. Construction, replacement, repair, or extension of alley paving up to
standard alley right-of-way width. The alley shall be paved the length of the site. If vehicle
access is taken from the alley, the City Engineer may also require that the alley be paved
to a point where the alley intersects a paved public right-of-way, which may also include
alley approach improvements. Curb returns and adjacent curb ramps shall be relocated
and/or improved as necessary to accommodate alley access and circulation.
2. Alley Lighting. Construct or install on-site alley lighting as deemed necessary and
applicable by the City Engineer.
D. Required Improvements—Major Projects. In addition to the improvements required in
Subsections B and C above, Major Projects shall provide the additional improvements required
by this Section as are deemed necessary and applicable by the City Engineer.
1. Roadway Paving. Construction, replacement, repair, or extension of roadway paving to
standard street width as shown on file and published with the City Engineer’s Office.
Improvements also include construction, replacement and repair of all roadway markings
affected by the roadway paving.
2. Traffic Signals and Street Signs. Provide the Construction, replacement, repairs or
modifications to traffic signals and street signs attributable to the development.
3. Streetlights. Install, remove, and replace, upgrade or relocate streetlights per established
City design guidelines. This may include widening the right-of-way as necessary.
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4. Utility Improvements and Relocation. Install, upgrade, or relocate public and/or private
utilities and facilities as necessary and as applicable to the project.
5. Bicycle Trail/Lane/Route. Construction of bicycle accessway as required by the "Bike
Route System" and as specified in the Bike Action Plan adopted by the City Council.
E. Parkway Landscape Design, Installation and Maintenance. Parkways are located
within the public right-of-way confined by the area between the outside edge of the sidewalk and
inside edge of curb. Parkway design, installation and maintenance of landscaping shall be in
accordance with Chapter 3.5 of the Urban Forest Master Plan and other applicable code
standards.
F. Standards. All improvements within public rights-of-way shall be designed, installed,
permitted, and inspected in conformance with the specifications and guidelines on file with the
office of the City Engineer.
1. Engineer of Record. The owner or developer shall assure the City that an engineer,
registered in California, will be employed to provide required engineering services for
offsite improvements, unless waived by the City Engineer. The responsibilities of the
engineer shall include, but not be limited to the following:
a. Preparation of required engineering design reports and plans for offsite
improvements.
b. Certify accuracy of vertical and horizontal alignments and dimensioned in
accordance with available survey and field data.
c. Delivery of reproducible “as-built” plans for offsite improvements along with an
electronic copy for City records.
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2. Permit for work in right-of-way. A permit, approved by the City Engineer or his or her
designee, shall be required prior to any construction as required by this code within public
rights-of-way. Such permit shall be issued subject to the following requirements:
a. Review and acceptance of engineering design reports and plans for offsite
improvements unless plan requirements have been waived by the City Engineer.
b. Payment of review and inspection fees for all offsite improvements located within
the public right-of-way, in accordance with a fee schedule to be adopted by the
City Council.
c. Construction and scheduling for the offsite improvements shall be the responsibility
of the developer or owner and the Engineer of Record. All construction shall
conform to City standards.
3. Acceptance of offsite improvements. Reproducible "as built" plans and the Engineer of
Record certificate shall be accepted by the City Engineer prior to the Final inspection of
offsite improvements and prior to their acceptance. Acceptance of offsite improvements
will be executed by the City Engineer or his or her designee when the requirements of
these regulations have been fulfilled and ownership of the facilities is offered to the City.
Table-1
Summary of Dedication and Off-Site Improvement Requirements for All Development
Projects
Right-of-Way Dedication Off-Site Improvements
Project type
Dedication
(alleys)
Dedication
(streets and
highways)
Sidewalk,
Parkways,
Curb and
Gutter,
Street
Trees
Alley Paving,
Alley Lighting
(as required),
Utilities
Relocation
Roadway
Paving, Traffic
Signals, and
Street Signs,
Street Lights,
and Utilities
Relocation
Major Projects X X X X X
All other projects X X (as needed)
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7.04.800.050 Relief from Standard Requirements.
Full or partial relief from the standard requirements prescribed by this Chapter may be granted by
the City Engineer or his or her designee, provided that the only finding required to grant relief is
that the dedication and/or improvement is not necessary for a public purpose generated at least
in part by the development, the dedication and/or improvement is physically impractical, is in
conflict with state or federal laws, or that the cost of the dedication and/or improvement is
proportionally excessive when compared to the impacts caused by the project.
SECTION 2. 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 3. 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 4. 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:
_________________________
DOUGLAS SLOAN
City Attorney
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8-A
Introduction and First Reading of an Ordinance Replacing Santa MonicaMunicipal Code Chapter 7.04.800 (Access and Street Improvements) in its Entirety
October 24th, 2023
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•Existing Code Section
•Key Updates and Clarifications
•Examples
Discussion Items 8.A.c
Packet Pg. 258 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of-
Mitigate effect of Private Development on:
1.Right of Way Access (i.e.Pedestrian and Vehicular circulation effects)
•Mitigation Measure: Right of Way Dedications (i.e to improve access and reduce congestion)
2. Street Infrastructure (i.e. existing street improvements such as sidewalks, roadways, etc.)
•Mitigation Measure:Street Improvements (i.e to mitigate congestion and enhance safety)
Existing Code Section 8.A.c
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Existing Code Section
Originally Adopted on March 14, 1978
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Highlights:
•Newly Formatted into Sections
•Purpose
•Definitions
•Dedications and Easements
•Offsite Improvements
•Relief from Standard Requirements
Key Updates and Clarifications 8.A.c
Packet Pg. 261 Attachment: PowerPoint Presentation (6085 : First Reading to Amend Public Rights-of-
•New development or redevelopment (i.e residential or commercial)
•Newly Constructed Building(s) - Chapter 9.25.030 (A.1) or (A.2)
•50% of the exterior walls are removed in the Principal Structure
•Does not apply to ADU, garage, shack, etc.
Major Project 8.A.c
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•Major Project
•Project abuts sub-standard Right-of-Way
Right of Way Dedications
Street Alley
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•Major Projects
•Roadway / Alley paving
•Sidewalks / Curb and Gutter
•Streetlights
•Utilities necessary for the development
•Parkway landscaping
•All projects
•Sidewalk
•Removal of unused driveway, curb and gutter
•Alley paving
Street Improvements (Offsite Improvements)
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9
9
Summary of Requirements
Project
type
Right-of-Way
Dedication
Off-Site Improvements
Dedication
(alleys)
Dedication
(streets and
highways)
Sidewalk,
Parkways, Curb
and Gutter, Street
Trees
Alley Paving,
Alley Lighting (as
required),
Utilities
Relocation
Roadway Paving,
Traffic Signals, and
Street Signs, Street
Lights, and Utilities
Relocation
Major
Projects X X X X X
All other
projects X X
(as needed)
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Private Development Example – ROW Dedication
Alley Dedication Example:
Alley widening along Santa Monica Blvd (Mixed Use Development)
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Alley Dedication
•Development meets threshold
•Substandard alley abuts development
•Must be 20’ standard width
•Allows for increased access and safety for public circulation,
trash/emergency vehicles and utility placement.
•Development required to improve alley dedication area along full
width and length via Offsite Permit.
11
11
Private Development Example – ROW Dedication
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Offsite Improvement Example:
Offsite Improvements on Broadway (Mixed Use Development)
New Sidewalk, Curb & Gutter, Curb Ramp and Roadway Paving
12
12
Private Development Example – Offsite Improvements
Existing Improvements New Improvements
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Offsite Improvement Example (continued):
Offsite Improvements on Broadway (Mixed Use Development)
New Alley Paving and Street & Pedestrian Lighting
13
13
Private Development Example – Offsite Improvements
Existing Alley New Alley New Street & Ped Lighting
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•Major Projects
•Development meets threshold
•Typical Required Improvements (new or remove & replace):
Sidewalk and Parkway
Curb and Gutter
Street Trees
Alley Paving
Roadway Paving (& restriping)
Streetlights (as needed)
Utility Improvements and Relocation (as needed)
14
14
Private Development Example – Offsite Improvements8.A.c
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Public Outreach
•In-person outreach meeting was held on April 12, 2023
•Notification was mailed and emailed
•Draft of the ordinance was posted on the City website
•Staff met with stakeholders to address comments
•Updates were made from collective input received.
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Recommended Action:
1. Adopt a finding of exemptions pursuant to Section 15301,
15303, 15304, and 15305 of the California Environmental
Quality Act (CEQA) Guidelines and Section 21080.25 of
CEQA.
2. Introduce for first reading the attached ordinance replacing
the codified text of Santa Monica Municipal Code Chapter
7.04.800 in its entirety to clarify the City’s public right of way
requirements for new development.
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Thank you!
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