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City Council Meeting 1-14-92 Santa Monica, California
ORDINANCE NO. 1612(CCS)
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA AMENDING SECTIONS
9113.1, 9113.3, 9113.5, 9113.7, 9113.8, AND
9040.19 TO THE SANTA MONICA MUNICIPAL CODE AND ADDING
SUBCHAPTER 10Q TO ARTICLE 9, CHAPTER 1 OF THE SANTA
MONICA MUNICIPAL CODE RELATING TO VARIANCE
PROCEDURES, ADJUSTMENT PROCEDURES, AND BUILDING
ADDITIONS INTO REQUIRED SIDE YARDS
WHEREAS, on July 24,
1991, the Planning commission
conducted a public hearing on proposed text amendments to
Subchapter 10E of the Zoning Ordinance regarding modifications to
the variance procedure and certain miscellaneous clarifications
to the language of the Subchapter; and
WHEREAS, the Planning Commission recommended that the
Council approve the amendments as modified by the Planning
Commission; and
WHEREAS,
the City Council finds that the proposed
amendments are consistent in principle with the goals,
objectives, policies, lands uses, and programs specified in the
adopted General Plan, in that the amendments do not change the
intent of Subchapter lOE but rather provide greater flexibility
to modify, where appropriate, development regulations through the
variance procedure, as well as clarify certain language in the
Subchapter; and
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WHEREAS, the City council finds that the public health,
safety, and general welfare require the adoption of the proposed
amendments, in that the Zoning Ordinance adopted in September
1988 unduly restricts the variance procedure and does not provide
adequate flexibility or relief from restrictive regulation in
some instances where it is appropriate to modify existing
developments or land uses; and
WHEREAS, on July 24, 1991 the Planning commission conducted
a public hearing on the proposed text amendment to section
9040.19 to increase allowable additions to existing buildings
with non-conforming side yard setbacks in residential districts;
and
WHEREAS, the Planning Commission recommended that the
Council approve the amendments; and
WHEREAS, the City council finds that the proposed
amendments are consistent in principle with the goals,
objectives, policies, lands uses, and programs specified in the
adopted General Plan, in that the amendments will allow
reasonably sized building additions that are still in scale with
current development regulations; and
WHEREAS, the City Council finds that the public health,
safety, and general welfare require the adoption of the proposed
amendments to allow reasonable additions to residential
structures; and
WHEREAS, on July 24, 1991 the Planning Commission conducted
a public hearing on a proposed text amendment to add Subchapter
10Q to the Zoning Ordinance, thereby creating an adjustment
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procedure to allow the City to consider certain minor exceptions
to development regulations of the Zoning Ordinance; and
WHEREAS, the Planning commission recommended that the
Council approve the amendment; and
WHEREAS, the City Council finds that the proposed amendment
is consistent in principle with the goals, objectives, policies,
land uses, and programs specified in the adopted General Plan, in
that the amendment provides the process to expeditiously review
minor adjustments to specific Zoning Ordinance development
regulations; and
WHEREAS, the City Council finds that the public health,
safety, and general welfare require the adoption of the proposed
amendment to allow a process, similar to the variance procedure,
by which the city may consider minor adjustments to Zoning
Ordinance development regulations and which provides for public
review, and authorizes application fees that are commensurate
with the minor nature and impact of the physical improvement,
NOW I THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1.. Section 9113.1 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9113.1 Purpose. A
variance is intended to allow variations
where practical difficulties, unnecessary
hardships or results inconsistent with
the general purpose of this Chapter would
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occur from its strict
interpretation and enforcement.
literal
SECTION 2. Section 9113.3 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9113.3 Applicability. The
Zoning Administrator may grant a variance
from the requirements of this Chapter to:
(a) Allow modification of the
minimum lot sizes or minimum parcel
dimensions.
(b) Allow the reduction of the
automobile parking space or loading space
requirements.
(e) Allow the modification of
fence heights.
Cd) Allow the modification of yard
setbacks or parcel coverage on:
(1) Parcels having a depth of
90 feet or less or a width of 39 feet or
less.
(2) Non-rectilinear parcels
or rectangular parcels on which parallel
property lines differ in length a minimum
of five feet.
(3) Parcels with a 12.5 foot
grade differential or more, as measured
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from either any point on the front parcel
line to any point on the rear parcel
line, or from any point on a side parcel
line to any point on the opposing side
parcel line.
(4) Additions to the same
floor of an existing building which is
non-conforming as to yard setbacks, where
such addition follows the line of the
existing building but in no case is
closer than four feet to a property line.
(e) For projects to state density
bonus guidelines, allow encroachment into
no more than 15 percent of one side yard
setback, and into 15 percent of either
the front or rear yard setback, and,
except in those zones where an increase
in parcel coverage for state density
bonus projects is already permitted,
allow an increase in parcel coverage by
no more than ten percent of parcel area.
In no case shall a rear yard setback of
less than five (5) feet be allowed.
(f) Allow buildings to exceed
district height limits by no more than
five (5) feet in one of the following
situations:
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(1) If a parcel has a grade
differential of 12.5 feet or more, as
measured from either any point on the
front parcel line to any point on the
rear parcel line, or from any point on a
side parcel line to any point on the
opposing side parcel line.
(2) To allow an addition to
an existing structure that is legally
non-conforming as to height provided the
addition does not exceed the height line
of the existing building.
(g) Allow an addition to an
existing building that is legally
non-conforming as to height provided all
of the following criteria are met:
(1) The addition does not
exceed the height line of the existing
building.
(2) The addi tion does not
exceed two (2) percent of the total floor
area of the building.
(3) The addition does not
increase lot coverage or the overall
footprint of the building.
(4) The addi tion does not
increase the density or number of
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inhabitants or increase the intensity of
use of the building.
(5) The addi tion otherwise
conforms to the regulations of the
district in which it is located.
alternative
(6) There
method
is no feasible
of attaining the
desired use.
(7) There is no substantial
adverse impact to adjacent buildings,
existing streetscape, privacy, nor
significant increases to the mass and
bulk of the building.
(h) Allow the modification of the
required front yard setback to allow, in
the case of existing development, a
detached garage provided aIr of the
following criteria are met:
(1) The lot is less than 100
feet in depth.
(2) The on site use is a
single-family dwelling.
(3) No alley access is
available to the site.
(i) Allow the modification of the
side yard setback for primary windows in
the OP-2, OP-3, and OP-4 Districts when
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the imposition of the required setback
would severely constrain development on
the project, an alternative setback would
still satisfy private open space
requirements, and maintain privacy for
the occupants of the project.
SECTION 3. Section 9113.5 of the Santa Monica Municipal
Code is amended to read as follows:
section 9113.5 Findings.
Following a public hearing, the Zoning
Administrator shall prepare a written
decision which shall contain the findings
of fact upon which such decision is
based. The Zoning Administrator, or
Planning Commission on appeal, may
approve a variance application in whole
or in part, with or without conditions,
provided all of the following findings of
fact are made:
(a) There are special
circumstances or exceptional
characteristics applicable to the
property involved, including size, shape,
topography, location, or surroundings, or
to the intended use or development of the
property that do not apply to other
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properties in the vicinity under an
identical zoning classification.
(b) The granting of such variance
will not be detrimental nor injurious to
the property or improvements in the
general vicinity and district in which
the property is located.
ec) The strict application of the
provis ions of this Chapter would result
in practical difficulties or unnecessary
hardships, not including economic
difficulties or economic hardships.
(d) The granting of a variance
will not be contrary to or in conflict
wi th the general purposes and intent of
this Chapter, nor to the goals,
objectives, and policies of the General
Plan.
(e) The variance would not impair
the integrity and character of the
district in which it is to be located.
(f) The subject site is physically
suitable for the proposed variance.
(g) There are adequate provisions
for water, sanitation, and public
utilities and services to ensure that the
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proposed variance would not be
detrimental to public health and safety.
(h) There will be adequate
provisions for public access to serve the
subject variance proposal.
(i) For the reduction of the
automobile parking space requirements,
the reduction is based and condi tioned
upon an approved parking reduction plan
that incorporates transportation control
measures that have been demonstrated to
be effective in reducing parking needs
and that are monitored, periodically
reviewed for continued effectiveness, and
enforced by the City as contained in
Section 9044.5 of this Chapter.
(j) All the above specified
requirements need not apply to variances
which the Zoning Administrator finds are
essential or desirable to the public
convenience or welfare and are not in
conflict with the General Plan and where
the granting of the variance will not be
materially detrimental nor injurious to
property or improvements in the general
vicinity and district in which the
property is located.
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(k) The strict application of the
provisions of this Chapter would result
in unreasonable deprivation of the use or
enjoyment of the property.
SECTION 4. section 9113.7 of the Santa Monica Municipal
Code is amended to read as follows:
section 9113.7 Revocation. The
Zoning Administrator may, in his or her
own discretion, or upon the direction of
the Planning commission, revoke any
approved variance in accordance with the
following procedures:
(a) A revocation hearing shall be
held by the Zoning Administrator. Notice
of the hearing shall be published once in
a newspaper of general circulation within
the city and shall be served either in
person or by registered mail on the owner
of the property and on the permit holder
at least ten (10) days prior to such
hearing. The notice of hearing shall
contain a statement of the specific
reasons for revocation.
(b) After the hearing, a variance
may be revoked by the Zoning
Administrator, or by the Planning
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Commission on appeal or review, if any
one of the following findings are made:
( 1) That the variance was
obtained by misrepresentation or fraud.
(2) That the use for which
the variance was granted has ceased or
has been suspended for six (6) or more
consecutive calendar months.
(3) That the conditions of
the permit have not been met, or the
permi t granted is being or has recently
been exercised contrary to the terms of
the approval or in violation of a
specific statute, ordinance, law or
regulation.
(c) A written determination of
revocation of a variance shall be mailed
to the property owner
holder within ten (10)
determination.
and the permit
days of such
SECTION 5. section 9113.8 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9113.8 Appeals. The
approval, conditions of approval, denial,
or revocation of a variance may be
appealed to the Planning Commission
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within fourteen (14) consecutive calendar
days of the date the decision is made, in
the manner provided in Subchapter 10L,
section 9132.1 through 9132.5.
SECTION 6. Section 9040.19 of the Santa Monica Municipal
Code is amended to read as follows:
Section 9040.19. Building
Additions Extending Into Required Side
Yard. In all residential districts, an
addition to an existing building that has
a non-conforming side yard may also
extend into the required side yard
provided all of the following criteria
are met:
(a) The addition does not exceed
one-story and 14 feet in height.
(b) The addition continues the
facade setback line of the existing
structure.
(c) The addition does not extend
closer than four (4) feet to the side
property line.
(d) The addition does not exceed
15 feet in length parallel to the side
property line.
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(e) The addition does not extend
into both side yards.
( f) There has been no pr ior
addition under this section.
SECTION 7. Subchapter 10Q is added to Article 9, Chapter
1, the Santa Monica Municipal Code to read as follows:
Subchapter 10Q. Adjustments.
Section 9152.1 Purpose. An
adjustment is intended to permit minor
variations where practical difficulties,
unnecessary hardships or results
inconsistent with the general purpose of
this Chapter would occur from its strict
literal interpretation and enforcement.
Adjustments are modifications of lesser
significance than variations allowed by
variance.
Section 9152.2 Application.
Application for an adjustment shall be
filed in a manner cons istent wi th the
requirements contained in Subchapter 10J,
section 9130.1 through 9130.6.
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Section 9152.3 Applicability. The
Zoning Administrator may grant an
adjustment from the requirements of this
Chapter to:
(a) Allow modification of parcel
coverage regulations by up to five (5)
per cent of the total lot area for
additions to existing structures.
(b) Allow modification of the
number of required parking spaces by up
to one ( 1) per cent of the number of
required spaces.
(c) Allow the modification of
fence heights by up to one (1) foot.
(d) Allow the modification of side
yard setback requirements by up to six
(6) inches, but in no case resulting in a
setback of less than four (4) feet.
(e) Allow the modification of
building heights by up to six (6) inches
on parcels which have a grade
differential of five (5) feet or more, as
measured from either any point on the
front parcel line to any point on the
rear parcel line, or from any point on a
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side parcel line to any point on the
opposing side parcel line.
section 9152.4 Notice of
Application.
(a) Within fourteen (14)
consecutive calendar days after
determination that an application is
complete, the Zoning Administrator shall
give notice of the application by mail,
postage prepaid, to all owners and
residential and commercial tenants of
property within a radius of 100 feet from
the exterior boundaries of the property
involved in the application. For this
purpose, the last known name and address
of each property owner as contained in
the records of the Los Angeles County
Assessor shall be used. The address of
the residential and commercial tenants
shall be determined by visual site
inspection or other reasonably accurate
means. The applicant shall provide a
list of property owners and tenants
within the prescribed area of
notification and shall sign an affidavit
verifying that the list has been prepared
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in accordance with the procedure outlined
in this section.
(b) All notices of an application
for an adjustment shall state the nature
of the request, the location of the
property, and the manner in which
additional information may be received.
The notice shall also state that the
deadline in which to request a public
hearing is fourteen (14) days from the
mailing of the notice of application for
an adjustment.
section 9152.5 Request for Public
Hearing. Any person receiving notice
pursuant to section 9152.4 may, within
fourteen (14 ) consecutive calendar days
after the date of the notice, request
that a public hearing be conducted. Such
request must be in writing and received
by the Zoning Administrator within the
time indicated. If a request is timely
made, a public hearing shall be held
within forty-five (45) consecutive
calendar days of receipt of the request.
Notice of such hearing shall be given in
the manner provided in section 9152.4.
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section 9152.6 Review and
Findings. Within fourteen (14)
consecutive calendar days following a
public hearing or expiration of the time
in which to request a hearing pursuant to
section 9152.5, the Zoning Administrator
shall prepare a written decision which
shall contain the findings of fact upon
which such decision is based. The Zoning
Administrator may approve an adjustment
application in whole or in part, with or
without conditions, if all of the
following findings are made:
(a) There are special
circumstances or exceptional
characteristics applicable to the
property involved, including size, shape,
topography, location, or surroundings, or
to the intended use or development of the
property that do not apply to other
properties in the vicinity under an
identical zoning classification.
(b) The granting of such
adjustment will not be detrimental nor
injurious to the property or improvements
in the general vicinity and district in
which the property is located.
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(c) The strict application of the
provisions of this Chapter would result
in practical difficulties or unnecessary
hardships, not including economic
difficulties or economic hardships.
(d) The granting of an adjustment
will not be contrary to nor in conflict
with the general purposes and intent of
this Chapter, nor to the goals,
objectives, and policies of the General
Plan.
(e) The adjustment would not
impair the integrity and character of the
district in which it is to be located.
(f) The subject site is physically
suitable for the proposed adjustment.
(g) There are adequate provisions
for water, sanitation, and public
utilities and services to insure that the
proposed adjustment would not be
detrimental to public health and safety.
(h) For the reduction of the
automobile parking space requirements,
the reduction is based and conditioned
upon an approved parking reduction plan
that incorporates transportation control
measures that have been demonstrated to
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be effective in reducing parking needs
and that are monitored, periodically
reviewed for continued effectiveness, and
enforced by the city as contained in
Section 9044.5 of this Chapter.
(i) All the above specified
requirements need not apply to
adjustments which the Zoning
Administrator finds are essential or
desirable to the public convenience or
welfare and are not in conflict with the
General Plan and where the granting of
the adjustment will not be materially
detrimental nor injurious to property or
improvements in the general vicinity and
district in which the property is
located.
(j) The strict application of the
provisions of this Chapter would result
in unreasonable deprivation of the use or
enjoyment of the property.
section 9152.7 Appeals. The
approval, conditions of approval, denial,
or revocation of an adjustment may be
appealed to the Planning Commission
within fourteen (14) consecutive calendar
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days of the date the decision is made, in
the manner provided in Subchapter 10L,
Section 9132.1 through 9132.5.
section 9152.8 commencement of
Use. The rights granted by the
adjustment shall be effective only when
exercised within the period established
as a condition of granting the adjustment
or, in the absence of such established
time period, one year from the date that
the permit becomes effective. This time
limit may be extended by the Zoning
Administrator for good cause for a period
not to exceed six (6) months upon written
request by the applicant.
section 9152.9 Revocation. The
Zoning Administrator may, in his or her
own discretion, or upon direction from
the Planning commission, revoke any
approved adjustment in accordance with
the procedures set forth in section
9113.7.
SECTION 8. 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
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further, are hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 9.
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 effect 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 invalid or
unconstitutional.
SECTION 10. 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 fifteen (15) days after its adoption.
This Ordinance
shall become effective upon adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS U
City Attorney
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Adopted and approved this 14th day of January, 1992.
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\ Mayor
I hereby certify that the foregoing Ordinance No. 1612 (CCS)
was duly and regularly introduced at a meeting of the City
council on the 17th day of December 1991; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 14th day of January 1992 by the following Council vote:
Ayes: Councilmembers: Abdo, Holbrook, Katz, Vazquez,
Zane, Mayor Genser
Noes: Councilmembers: Olsen
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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~ L City Clerk /