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O1612 - , e e ~ CA:RMM:CB:cbvartx2jhpc/pc 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 - 1 - e - 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 - 2 - e e 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 - 3 - , , - e 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 - 4 - e e 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: - 5 - e e (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 - 6 - e e 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 - 7 - e e 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 - 8 - e e 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 - 9 - e It 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. - 10 - e e (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 - 11 - e e 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 - 12 - e e 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. - 13 - It e (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. - 14 - e e 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 - 15 - e e 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 - 16 - - e 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. - 17 - e e 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. - 18 - e e (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 - 19 - e e 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 - 20 - i' e e 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 - 21 - .' e e 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: ~~.~ ROBERT M. MYERS U City Attorney cbvartxtjhpc:df - 22 - f>- e - Adopted and approved this 14th day of January, 1992. C~~~~ ~. \ 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: - '- ~~fl2~ ~ L City Clerk /