ITEM 8-C
Council Mtg: June 2, 1992
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Adoption of an Emergency Ordinance Establishing
Standards Relating to Landscaping and Required
Unexcavated Areas Within the Front and Side Yard
Setbacks
INTRODUCTION
This report recommends that the City Council adopt, with
modifications, the attached Interim Ordinance which establishes
new standards requiring, with certain exceptions: an unexcavated
area within the front 50% of the required front yard in a
residential or BCD District or on any commercial or industrial
lot abutting a residentially zoned lot; that 50% of the required
front yard setback in all residential Districts, including the
RVC District, be landscaped; limits on the location of
subterranean and semi-subterranean garages and openings therein;
that at least 50% of the required unexcavated yard areas be
landscaped; and, that at least 50% of one of the required
sideyards be landscaped on residential lots narrower than 50
feet. Staff is recommending the adoption of the ordinance as
drafted, with a change deleting the requirement to provide the
unexcavated front yard area along the front of the property.
BACKGROUND
Prior City Council Action
On May 12, 1992, the City Council enacted an emergency ordinance,
Ordinance No. 1627 (City Council Series), in response to
increasing numbers of developments not containing adequate
unexcavated and unencumbered soil and the subsequent related
potential for inadequate water drainage and percolation and
unsuccessful landscaping.
Expiration of Ordinance
Ordinance No. 1627 (CCS) will expire on June 26, 1992. The
proposed Ordinance (Attachment A) has been revised for purposes
of clarification and consistency from its original adopted form
(Attachment C). The proposed Ordinance is necessary to extend
the provisions of Ordinance No. 1627 (CCS) for a period of ten
months and 15 days, pursuant to Santa Monica Municipal Code,
Section 9120.6(a). During this period, permanent ordinance
changes will be developed.
Proposed Revisions to Ordinance 1627 (CCS)
Section 2(b) has been revised to remove language relating to the
applicability threshold of three units or more. In revising this
Section, staff attempted to determine the rationale in the
current Zoning Ordinance for retaining an exemption solely in the
OP Districts for projects of less than three units and was unable
to do so. Therefore, in the interest of consistency of
administration, the proposed Ordinance requires that any lot in a
residential District with a width of less than 50 feet provide an
unexcavated area of at least 50% of the required front yard along
the entire length of the front property line. However, if the
Council determines that it is necessary to establish an exemption
for one and two-unit projects in the OP Districts on lots
narrower than 50 feet, an appropriate Ordinance is attached
(Attachment B).
Section 3 has been revised to include the OP Districts and the
RVC District in the requirement that, along with all other
residential Districts, a minimum of 50% of the required front
yard setback be landscaped.
Other changes to the Ordinance are minor in nature and serve to
improve the clarity and internal consistency of the Ordinance,
rather than to present substantive change.
Staff Proposed Changes to Ordinance
Planning staff recommends additional changes be made to the
Ordinance as relates to the configuration of the required 50%
unexcavated front yard. The Ordinance currently requires that
this 50% unexcavated area be provided along the entire length of
the front property line in a uniform line. In most cases, this
would require that the front 10 feet of a property be required to
remain unexcavated, with the exception of required driveways.
Staff proposes an alternative which would provide greater design
flexibility for provision of subterranean parking for projects.
The alternative would require that at least 50% of the required
front yard be unexcavated without requiring that the area be
provided along the front half of the required front yard. Staff
believes this alternative is preferable for several reasons:
- Parking requirements often pose a constraint on the
number and/or size of residential units permitted to be
developed on a site. Particularly in light of the
recent Proposition R Ordinance requirements for on-site
inclusionary housing, it may become a trend that
increasing numbers of projects elect to apply the State
density bonus, in which case parking becomes an even
more crucial development constraint. A simple 50%
requirement would allow more flexibility in
subterranean parking design.
- The flexible placement of the 50% unexcavated front
yard area would enhance the overall percolation and
drainage capacity of City soils above the proposed
Ordinance because it would not allow the exemption of
required driveway areas within the front yard.
- The flexible arrangement of the front unexcavated area
would permit correspondingly greater flexibility of
landscape design, particularly as relates to the
placement of mature trees. In this manner, the
Architectural Review Board would have greater
discretion in requiring specimen trees and other
deep-rooted landscaping to be placed closer to the
front building facade when deemed appropriate in
relation to the project design. In contrast, the
Ordinance as currently prepared would result in most of
the mature trees or deep-rooted landscaping being
located in the front half of the required front yard.
In terms of landscape design, placement of larger trees
is generally most appropriate closer to the building.
In order to implement Staff's proposed revision as described
above, the following revisions to the Ordinance would be
required:
in Section 2(a), delete the words "along the entire length
of the front property line" and "except to the extent
necessary to provide parking access pursuant to Municipal
Code Section 9044.8 and Section 9044.9."; and
in Section 2(b), delete the words "along the entire length
of the front property line" and "except to the extent
necessary to provide parking access pursuant to Municipal
Code Section 9044.8."
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
It is respectfully recommended that the Council adopt the
attached Interim Ordinance (Attachment A) which does not include
an exemption for one and two-unit projects in the OP District and
further recommends that the Council direct the City Attorney to
incorporate the following changes to the Ordinance:
in Section 2(a), delete the words "along the entire length
of the front property line" and "except to the extent
necessary to provide parking access pursuant to Municipal
Code Section 9044.8 and Section 9044.9."; and
in Section 2(b), delete the words "along the entire length
of the front property line" and "except to the extent
necessary to provide parking access pursuant to Municipal
Code Section 9044.8."
Prepared by: D. Kenyon Webster, Planning Manager
Shari Laham, Senior Planner
Planning Division
Land Use and Transportation Management Department
Attachments: A. Proposed Interim Ordinance without OP exemption
B. Proposed Interim Ordinance with OP exemption
C. Ordinance No. 1627 (CCS)
ATTACHMENT A
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RELATING TO PERMITTED
ENCROACHMENT INTO REQUIRED UNEXCAVATED PORTIONS OF
REQUIRED FRONT AND SIDE YARD SETBACKS
AND DECLARING THE PRESENCE OF AN EMERGENCY
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 landscaping standards contained in the City of
Santa Monica Comprehensive Land Use and Zoning Ordinance are
intended to preserve and protect the public health, safety and
welfare through the maintenance of adequate drainage and
groundwater percolation capability, as well as to enhance the
aesthetic appearance of development in all areas of the City by
providing standards for quality, quantity, and functional aspects
of landscaping and landscape screening consistent with
Architectural Review Board Guidelines, and the goals, objectives,
and policies of the General Plan.
(b) In the recent past, the pace and density of
development in the City has accelerated, and developers have
increasingly excavated parcels and encumbered the soil with
subterranean and semi-subterranean structures which impede
adequate drainage and percolation and detrimentally impact the
long term success of landscaping required by the Zoning
Ordinance.
(c) Only unexcavated and unencumbered soil can adequately
provide for the water drainage and percolation and landscaping
required to preserve and protect the public health, safety and
welfare.
(d) In response to an immediate threat to the public
health, safety and welfare from increasing numbers of
developments not containing adequate unexcavated and unencumbered
soil, on May 12, 1992, the City Council enacted an emergency
ordinance, Ordinance No. 1627 (City Council Series) so as to
preserve and protect the public health, safety, and welfare.
Ordinance No. 1627, will expire on June 26, 1992.
(e) There exists an immediate threat to the public
health, safety and welfare, through development which does not
provide for adequate water drainage and percolation and
successful landscaping, and approval of additional subdivisions,
use permits, variances, building permits, or any other applicable
entitlement for use which is required in order to comply with a
zoning ordinance without providing with same, would result in a
threat to public health, safety, and welfare.
(f) In order to preserve and protect the public health,
safety and welfare from the increasing number of developments
that are being proposed which do not contain adequate unexcavated
and unencumbered soil, it is necessary to extend Ordinance No.
1627 pursuant to SMMC * 9120.6(a) for a period of ten months and
fifteen days through May 12, 1993.
SECTION 2. Unexcavated Area and Landscaping in Front and
Side Yards.
(a) Any lot having a width of 50 feet or greater which is
located in a residential or BCD District or which is a commercial
or industrial lot directly abuting a residentially zoned lot not
used for commercial parking purposes, shall have provided and
maintained an unexcavated area along the entire length of the
front property line equal in area to at least 50 percent of the
required front yard and equal to four (4) feet in width along the
entire length of at least one of the side property lines, except
to the extent necessary to provide parking access pursuant to
Municipal Code Section 9044.8 and Section 9044.9. For lots in
excess of 70 feet in width, an unexcavated area four feet in
width along the required side yards shall be provided and
maintained along the entire length of both side property lines.
Subterranean, semi-subterranean parking structures, basements,
and other subterranean facilities may not project into any
portion of the required unexcavated areas. At least 50 percent
of the surface areas of the required unexcavated areas shall be
landscaped pursuant to the provisions of Subchapter 5B.
(b) On any lot in a residential District that has a width
of less than 50 feet, there shall be provided and maintained an
unexcavated area along the entire length of the front property
line equal in area to at least 50 percent of the required front
yard setback, except to the extent necessary to provide parking
access pursuant to Municipal Code Section 9044.8. Subterranean,
semi-subterranean parking structures, basements, and other
subterranean facilities may not project into any portion of the
required unexcavated area. No side yard setback for subterranean
or semi-subterranean parking structures or basements is required;
however, at least 50 percent of the surface area of one required
sideyard shall be landscaped. At least 50 percent of the surface
areas of the unexcavated areas shall be landscaped pursuant to
the provisions of Subchapter 5B.
SECTION 3. Required Landscape Area for Building Sites. In
all residential Districts, including the RVC District, a minimum
of 50 percent of the required front yard setback shall be
landscaped.
SECTION 4. Subterranean Parking Structures. All
subterranean parking structures shall be constructed and
maintained as follows:
(a) All openings for ingress and egress facing the front
parcel line shall be situated at or behind the front building
line of the main building. There shall be no more than two (2)
openings facing the front parcel line for each main building.
(b) A subterranean parking structure may be constructed
and maintained in any required yard area except in the required
unexcavated areas of the front and side yards.
(c) Exits from any subterranean parking structure shall
provide sight distances which comply with standards established
by the Parking and Traffic Engineer.
SECTION 5. Semi-Subterranean Parking Structures. A
parking structure shall be considered to be semi-subterranean if
the structure is partially underground and if the finished floor
of the first level of the building or structure above the parking
structure does not exceed three (3) feet above the average
natural or existing grade of the lot, except for openings for
ingress and egress. A semi-subterranean parking structure shall
not be counted as a floor or story for calculating building
height. All semi-subterranean parking structures shall be
constructed and maintained as follows:
(a) All openings for ingress and egress facing the front
parcel line shall be situated at or behind the front building
line of the main building. There shall be no more than two (2)
openings facing the front parcel line for each main building.
(b) A subterranean parking structure may be constructed
and maintained in any required yard area except in the required
unexcavated areas of the front and side yards.
(c) Exits from any semi-subterranean parking structure
shall provide sight distances which comply with standards
established by the Parking and Traffic Engineer.
SECTION 6. Applicability. The City Council adopted the
policy set forth in this Ordinance on June 4, 1991. Any
development applied for after June 4, 1991, and not approved on
the effective date of this Ordinance, shall be conditioned to
comply with this Ordinance.
SECTION 7. This Ordinance is declared to be an urgency
ordinance adopted according to the provisions of Section 9120.6
of the Santa Monica Municipal Code and Section 615 of the Santa
Monica City Charter. It is necessary for preserving the public
peace, health and safety, and the urgency for its adoption is set
forth in the findings above.
SECTION 8. This Ordinance shall be of no further force and
effect on May 13, 1993 unless it is extended pursuant to Section
9120.6 of the Municipal Code.
SECTION 9. 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, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 10. 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 any 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 11. 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 immediately upon its adoption.
APPROVED AS TO FORM:
__________________________________
ROBERT M. MYERS
City Attorney
ATTACHMENT B
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RELATING TO PERMITTED
ENCROACHMENT INTO REQUIRED UNEXCAVATED PORTIONS OF
REQUIRED FRONT AND SIDE YARD SETBACKS
AND DECLARING THE PRESENCE OF AN EMERGENCY
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 landscaping standards contained in the City of
Santa Monica Comprehensive Land Use and Zoning Ordinance are
intended to preserve and protect the public health, safety and
welfare through the maintenance of adequate drainage and
groundwater percolation capability, as well as to enhance the
aesthetic appearance of development in all areas of the City by
providing standards for quality, quantity, and functional aspects
of landscaping and landscape screening consistent with
Architectural Review Board Guidelines, and the goals, objectives,
and policies of the General Plan.
(b) In the recent past, the pace and density of
development in the City has accelerated, and developers have
increasingly excavated parcels and encumbered the soil with
subterranean and semi-subterranean structures which impede
adequate drainage and percolation and detrimentally impact the
long term success of landscaping required by the Zoning
Ordinance.
(c) Only unexcavated and unencumbered soil can adequately
provide for the water drainage and percolation and landscaping
required to preserve and protect the public health, safety and
welfare.
(d) In response to an immediate threat to the public
health, safety and welfare from increasing numbers of
developments not containing adequate unexcavated and unencumbered
soil, on May 12, 1992, the City Council enacted an emergency
ordinance, Ordinance No. 1627 (City Council Series) so as to
preserve and protect the public health, safety, and welfare.
Ordinance No. 1627, will expire on June 26, 1992.
(e) There exists an immediate threat to the public
health, safety and welfare, through development which does not
provide for adequate water drainage and percolation and
successful landscaping, and approval of additional subdivisions,
use permits, variances, building permits, or any other applicable
entitlement for use which is required in order to comply with a
zoning ordinance without providing with same, would result in a
threat to public health, safety, and welfare.
(f) In order to preserve and protect the public health,
safety and welfare from the increasing number of developments
that are being proposed which do not contain adequate unexcavated
and unencumbered soil, it is necessary to extend Ordinance No.
1627 pursuant to SMMC * 9120.6(a) for a period of ten months and
fifteen days through May 12, 1993.
SECTION 2. Unexcavated Area and Landscaping in Front and
Side Yards.
(a) Any lot having a width of 50 feet or greater which is
located in a residential or BCD District or which is a commercial
or industrial lot directly abuting a residentially zoned lot not
used for commercial parking purposes, shall have provided and
maintained an unexcavated area along the entire length of the
front property line equal in area to at least 50 percent of the
required front yard and equal to four (4) feet in width along the
entire length of at least one of the side property lines, except
to the extent necessary to provide parking access pursuant to
Municipal Code Section 9044.8 and Section 9044.9. For lots in
excess of 70 feet in width, an unexcavated area four feet in
width along the required side yards shall be provided and
maintained along the entire length of both side property lines.
Subterranean, semi-subterranean parking structures, basements,
and other subterranean facilities may not project into any
portion of the required unexcavated areas. At least 50 percent
of the surface areas of the required unexcavated areas shall be
landscaped pursuant to the provisions of Subchapter 5B.
(b) On any lot in a residential District, except the OP
Districts, that has a width of less than 50 feet, there shall be
provided and maintained an unexcavated area along the entire
length of the front property line equal in area to at least 50
percent of the required front yard setback, except to the extent
necessary to provide parking access pursuant to Municipal Code
Section 9044.8. Subterranean, semi-subterranean parking
structures, basements, and other subterranean facilities may not
project into any portion of the required unexcavated area. No
side yard setback for subterranean or semi-subterranean parking
structures or basements is required; however, at least 50 percent
of the surface area of one required sideyard shall be landscaped.
At least 50 percent of the surface areas of the unexcavated areas
shall be landscaped pursuant to the provisions of Subchapter 5B.
(c) On any lot in any OP District that has a width of less
than 50 feet, and which is developed with at least three (3)
units, there shall be provided and maintained an unexcavated area
along the entire length of the front property line equal in area
to at least 50 percent of the required front yard setback, except
to the extent necessary to provide parking access pursuant to
Municipal Code Section 9044.8. Subterranean, semi-subterranean
parking structures, basements, and other subterranean facilities
may not project into any portion of the required unexcavated
area. No side yard setback for subterranean or semi-subterranean
parking structures or basements is required; however, at least 50
percent of the surface area of one required sideyard shall be
landscaped. At least 50 percent of the surface areas of the
unexcavated areas shall be landscaped pursuant to the provisions
of Subchapter 5B.
SECTION 3. Required Landscape Area for Building Sites. In
all residential Districts, including the RVC District, a minimum
of 50 percent of the required front yard setback shall be
landscaped.
SECTION 4. Subterranean Parking Structures. All
subterranean parking structures shall be constructed and
maintained as follows:
(a) All openings for ingress and egress facing the front
parcel line shall be situated at or behind the front building
line of the main building. There shall be no more than two (2)
openings facing the front parcel line for each main building.
(b) A subterranean parking structure may be constructed
and maintained in any required yard area except in the required
unexcavated areas of the front and side yards.
(c) Exits from any subterranean parking structure shall
provide sight distances which comply with standards established
by the Parking and Traffic Engineer.
SECTION 5. Semi-Subterranean Parking Structures. A
parking structure shall be considered to be semi-subterranean if
the structure is partially underground and if the finished floor
of the first level of the building or structure above the parking
structure does not exceed three (3) feet above the average
natural or existing grade of the lot, except for openings for
ingress and egress. A semi-subterranean parking structure shall
not be counted as a floor or story for calculating building
height. All semi-subterranean parking structures shall be
constructed and maintained as follows:
(a) All openings for ingress and egress facing the front
parcel line shall be situated at or behind the front building
line of the main building. There shall be no more than two (2)
openings facing the front parcel line for each main building.
(b) A subterranean parking structure may be constructed
and maintained in any required yard area except in the required
unexcavated areas of the front and side yards.
(c) Exits from any semi-subterranean parking structure
shall provide sight distances which comply with standards
established by the Parking and Traffic Engineer.
SECTION 6. Applicability. The City Council adopted the
policy set forth in this Ordinance on June 4, 1991. Any
development applied for after June 4, 1991, and not approved on
the effective date of this Ordinance, shall be conditioned to
comply with this Ordinance.
SECTION 7. This Ordinance is declared to be an urgency
ordinance adopted according to the provisions of Section 9120.6
of the Santa Monica Municipal Code and Section 615 of the Santa
Monica City Charter. It is necessary for preserving the public
peace, health and safety, and the urgency for its adoption is set
forth in the findings above.
SECTION 8. This Ordinance shall be of no further force and
effect on May 13, 1993 unless it is extended pursuant to Section
9120.6 of the Municipal Code.
SECTION 9. 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, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 10. 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 any 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 11. 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 immediately upon its adoption.
APPROVED AS TO FORM:
__________________________________
ROBERT M. MYERS
City Attorney
ATTACHMENT C
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA RELATING TO PERMITTED
ENCROACHMENT INTO REQUIRED UNEXCAVATED PORTIONS OF
REQUIRED FRONT AND SIDE YARD SETBACKS
AND DECLARING THE PRESENCE OF AN EMERGENCY
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 landscaping standards contained in the City of
Santa Monica Comprehensive Land Use and Zoning Ordinance are
intended to preserve and protect the public health, safety and
welfare through the maintenance of adequate drainage and
groundwater percolation capability, as well as to enhance the
aesthetic appearance of development in all areas of the City by
providing standards for quality, quantity, and functional aspects
of landscaping and landscape screening consistent with
Architectural Review Board Guidelines, and the goals, objectives,
and policies of the General Plan.
(b) In the recent past, the pace and density of
development in the City has accelerated, and developers have
increasingly excavated parcels and encumbered the soil with
subterranean and semi-subterranean structures which impede
adequate drainage and percolation and detrimentally impact the
long term success of landscaping required by the Zoning
Ordinance.
(c) Only unexcavated and unencumbered soil can adequately
provide for the water drainage and percolation and landscaping
required to preserve and protect the public health, safety and
welfare.
(d) There exists an immediate threat to the public
health, safety and welfare, through development which does not
provide for adequate water drainage and percolation and
successful landscaping, and approval of additional subdivisions,
use permits, variances, building permits, or any other applicable
entitlement for use which is required in order to comply with a
zoning ordinance without providing with same, would result in a
threat to public health, safety, and welfare.
(e) An emergency measure to provide for unexcavated and
unencumbered areas in required front and side yard setbacks is
necessary to preserve and protect the public health, safety and
welfare, because of the increasing number of developments that
are being proposed which do not contain adequate unexcavated and
unencumbered soil.
SECTION 2. Unexcavated Area in Front and Side Yards.
(a) On any lot in a residential or BCD District, or any
commercial or industrial lot which directly abuts a residentially
zoned lot not used for commercial parking purposes, having a
width of 50 feet or greater, there shall be provided and
maintained an unexcavated area along the entire length of the
front property line equal in area to at least 50 percent of the
front yard setback and equal to four (4) feet in width along the
entire length of at least one of the side property lines, except
to the extent necessary to provide parking access pursuant to
Municipal Code Section 9044.8. For lots in excess of 70 feet in
width, the unexcavated area of the side yards shall be provided
and maintained along the entire length of both side property
lines. Subterranean, semi-subterranean parking structures,
basements, and other subterranean facilities may not project into
any portion of the required unexcavated areas. At least 50
percent of the surface areas of the unexcavated areas shall be
landscaped pursuant to the provisions of Subchapter 5B.
(b) On any lot in a residential District that has a width
of less than 50 feet, and which is developed with at least three
(3) units, there shall be provided and maintained an unexcavated
area along the entire length of the front property line equal in
area to at least 50 percent of the front yard setback, except to
the extent necessary to provide parking access pursuant to
Municipal Code Section 9044.8. Subterranean, semi-subterranean
parking structures, basements, and other subterranean facilities
may not project into any portion of the required unexcavated
area. The front yard setback shall be landscaped pursuant to the
provisions of Subchapter 5B. No side yard setback for
subterranean or semi-subterranean parking structures or basements
is required; however, at least 50 percent of the surface area of
the excavated sideyard area shall be landscaped. At least 50
percent of the surface areas of the unexcavated areas shall be
landscaped pursuant to the provisions of Subchapter 5B.
SECTION 3. Required Landscape Area for Building Sites. In
all residential Districts, including in R1 and R2R Districts, but
excluding the OP-1, OP-Duplex, OP-2, OP-3, and OP-4 Districts, a
minimum of 50% of the required front yard setback shall be
landscaped. In the OP-1, OP-Duplex, OP-2, OP-3, and OP-4
Districts, all areas not covered by sidewalks, driveways,
porches, garages, or buildings, shall be treated as landscaped
area, as defined in this Chapter.
SECTION 4. Subterranean Parking Structures. All
subterranean parking structures shall be constructed and
maintained as follows:
(a) All openings for ingress and egress facing the front
parcel line shall be situated at or behind the front building
line of the main building. There shall be no more than two (2)
openings facing the front parcel line for each main building.
(b) A subterranean parking structure may be constructed
and maintained in any required yard area except in the required
unexcavated areas of the front and side yards.
(c) Exits from any subterranean parking structure shall
provide sight distance which comply with standards established by
the Parking and Traffic Engineer.
SECTION 5. Semi-Subterranean Parking Structures. A
parking structure shall be considered to be semi-subterranean if
the structure is partially underground and if the finished floor
of the first level of the building or structure above the parking
structure does not exceed three (3) feet above the average
natural or existing grade of the lot, except for openings for
ingress and egress. A semi-subterranean parking structure shall
not be counted as a floor or story for calculating building
height. All semi-subterranean parking structures shall be
constructed and maintained as follows:
(a) All openings for ingress and egress facing the front
lot line shall be situated at or behind the front building line
of the main building, except for the OP-1, OP-Duplex, OP-2, OP-3,
and OP-4 Districts where front yard setback standards apply.
There shall be no more than two (2) openings facing the front lot
line for each main building.
(b) On lots having a width greater than 50 feet, a
semi-subterranean parking structure may be constructed and
maintained in any required yard area except in a required
unexcavated area of a front or side yard.
(c) On lots less than 50 feet in width, a
semi-subterranean parking structure may extend to both side
property lines, but may not extend into a required unexcavated
area of a required front yard.
(d) Exits from any semi-subterranean parking structure
shall provide sight distance which comply with standards
established by the Parking and Traffic Engineer.
SECTION 6. Applicability. The City Council adopted the
policy set forth in this Ordinance on June 4, 1991. Any
development applied for after June 4, 1991, and not approved on
the effective date of this Ordinance, shall be conditioned to
comply with this Ordinance.
SECTION 7. This ordinance is declared to be an urgency
ordinance adopted to the provisions of Section 9120.6 of the
Santa Monica Municipal Code and Section 615 of the Santa Monica
City Charter. It is necessary for preserving the public peace,
health and safety, and the urgency for its adoption is set forth
in the findings above.
SECTION 8. This ordinance shall be of no further force and
effect 45 days from its effective date, unless extended pursuant
to Section 9120.6.
SECTION 9. 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, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 10. 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 any 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 11. 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 immediately upon its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney