Loading...
O1843 e tit f:\atty\muni\laws\mhs\misczo2 City council Meeting 2-27-96 Santa Monica, California ORDINANeE NUMBER 1843 (ees) (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.20.10.030 REGARDING VARIANCES THE CITY eOUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9.04.20.10.030 is amended to read as follows: 9.04.20.10.030 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 modification of the number and dimensions of automobile parking spaces, loading spaces, and driveway requirements including those set by Performance Standards, Use Permit Special Standards, Special Conditions for Conditional Uses, regulations of the various zoning districts, the Off-Street Parking Requirements, and the Off-Street Loading Requirements; 1 - e (e) Allow the modification of fence heights; (d) 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) Nonrectilinear 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 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 nonconforming 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, (5) Parcels in the CM District on which relocated structures that are identified on the Historical Resources Survey as having a value of 1 through 5D or which are determined to be historically significant by the Landmarks eommission are located. A variance may apply only to the relocated structure; (e) For projects conforming to state density bonus guidelines, allow encroachment into no more than 15 2 It e 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 limi ts by no more than fi ve (5) feet in one of the following situations: (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 nonconforming 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 nonconforming as to height provided all of the following criteria are met: e1} 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 e It (3) The addition does not increase lot coverage or the overall footprint of the building, ( 4 ) The addition does not increase the density or number of inhabitants or increase the intensity of use of the building, (5) The addition otherwise conforms to the regulations of the district in which it is located, (6) There is no feasible alternative method 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 replacement of an existing residential building in an OP District that is legally nonconforming as to height where the 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 provided the following criteria are met: (1) The replacement structure does not exceed the height line of the existing building, (2) The replacement structure increase the density or square footage 4 does beyond not the e e existing structure or increase the intensity of use of the building, (3) The replacement structure otherwise conforms to the regulation of the district in which it is located, (4) There is no substantial adverse impact to adjacent buildings, existing streetscape, privacy, nor significant increases to the mass and bulk of the building; (i) Allow the modification of the required front yard setback to allow, in the case of existing development, a detached garage provided all 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; (j) Allow the modification of the side yard setback for primary windows in the OP-2, OP-3 and OP-4 Districts when 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. 5 e It (k) Allow an additional story which would otherwise not be permitted for an existing residential structure provided all of the following criteria are met: ( 1) The existing structure has a finished first floor level that is more than three feet above average natural grade or theoretical grade, (2) The street frontage and overall massing are compatible with the existing scale and neighborhood context, (3) The addition does not enlarge the first floor of the existing residence such that a non-conforming condition is expanded; (4) The overall height of the structure with the additional story does not exceed the height limit in feet of the zoning district in which it is located; (5) The addition otherwise conforms to the regulations of the district in which it is located. (1) Allow the modification, renovation, or replacement of nonconforming building access features such as stairs, ramps, doors, balconies, and windows, or features that provide shelter and which are located at the exterior of the building, such as awnings, canopies, or covered walkways, provided: (1) The modification, replacement is no more intrusi ve than, renovation or and does not 6 e e intensify or expand such existing nonconforming features, and (2) The modification, renovation or replacement either improves access to the building or improves the building's aesthetic appearance. SECTION 2. Any provision of the Santa Monica Municipal eode or appendices thereto inconsistent wi th 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. SEeTION 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 7 e within 15 days after its adoption. effective 30 days from its adoption. APPROVED AS TO FORM: ~b ~SHA JOtfE,S MOUTRIE Izct City Atto~ey a e This Ordinance shall become e e M~ Mayor S tate of Cahforrua ) County of Los Angeles ) ss CIty of Santa MOllica ) I, Mana M Stewart, CIty Clerk of the CIty of Santa MOlllc~ do hereby certIfy that the foregomg Ordmance No 1843 (CCS) had Its first readmg on February 13, 1996 and had Its second readmg on February 27. 1996 and was passed by the followmg vote Ayes CouncIl members Abdo, Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes CouncIl members None Abstam CouncIl members None Absent CouncIl members Ebner ATTEST "---- ~ ~ -~""* CIty Clerk PROOF OF PUBLI~TION (2015.5 c.e. PJ STATE OF CALIFORNIA, County of Los Angeles, t am a citizen of the United States and a resident of the County aforesaid, I am over the age of eIghteen years, and not a par-tv to or Interested In the above-entitled matter I am the prinCIpal clerk of the printer of the THE OUTLOOK ..... .. .. 10. .. . . ... . _. .. .... .... .. .. .. ...... .. .. II II ........ .. II.. II" .. II .. .. .. .. .. a newspaper of general circulation, printed and published .J),~));,'yJ::1\Q~.I?I .~~ff;Q~X. In the City of .~~.I:l.TI\.~'QNJhA. ... .... County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles. State of California. under the date of)~~...~6 19 .~~., Case Number .. ;J.1~.~HL ....' that the notIce, of which the annexed IS a pnnted copy (set In type not smaller than nonpareil), has been published In each regular and entire Issue of said newspaper and not In any supplement thereof on the follOWing dates, to-WIt MAR 9 .. ...... .. .. ...... .. ill .... .. .... ........ .... .. .. .. ...... .. .. .. .. .... .. .. .. .. .... .. .. .. .. all In the year 19. .~? I certify (or declare) under penalty of peq ury that the foregOing IS true and correct Dated at SANTA !'10NJCA ... ..... II II.... .. .. ... .... .. .. .. ... .. .. .... .. Calj!Grla, this..... ?....~ay of..,~.. 19 .?~. .. .u.1:~J:.~t.~~h4... MI.'? J0... Signature ;0 . -.. The Oudool{ 1920 Colorado Ave Santa MOnica. California 90404 1310.,829-6811 /laMl.... LOS 11_~.._~ ~ ANGELES I~ Th I S space I s for the It>: ~I"t.lt.s !' iIi ng Stamp U:--I-i:~ ~ T;~.- f"1 i ~ - f --. r" , " _EK'I- "96 HAP 12 P ~ '':(r' - '.....J SAr-.i.A"'1"l'ii ". i ~ I VI .v,....l.~ v,l-!"LJ' Proof of PublicatIon of .........................~'4....1.~....................... EO 3-82 Clly of Santa Momca Ordmance Number 1843 (CCS) (Clly CouncIl Senes) . \ AN ORDIJI.ANCE OF TIlE CITY COUNCIL OF 1liE CITY ., OF SANTA MONICA AMENDING SANTA MONICA. MUNICIPAL CODE SECTION 9 04 20 10030 REGARDING VARIANCES - ". The followmg IS a summary of Ordmalll:e Number 1843 (CC8) prepared by the OffiteM the CIty Attorney '~..,. . ~ ~ Ordmance Number 1843 (eCS) (the '0rdl1l8lM:e") amends MUDlc.lpal Code Secbo8 ,,"'c1 9 04 20 10 030, whIch relata 10 var~ and when die Zonmg A.dnUnlstrator may.-.t. ,,...~ varIance from the requirements of the Chapter The OrdInance.dds back IIIto Set:bon ~. ; 904 20 10030 subfllCt1on-(l) which was IJlIldvertently omItted when It was !list ~ on "};l~. December ] 2. 1995 Subsection (I) proVIdes that the Zomng AdmInIStratOr may..... variinc:e from the reqUIrements of thIS Chapter whIch allows for the mo,bfieatlon..l'alOYa1ioIli'W .. "I; replacement of nonoonfomung bUIlding access features suc:h IS sturs. ramps, dooR, baJoonleft1 and wmdows. or features that proVIde shelter and which are located at the extenor of the -.\. ~ butldmg, such lIS awmngs, canopies or covered walkways The followmg cntena ml1lt be_", order 10 quahfy for such a vanance (I) the modtfilabon, n:nov.abon or Tepr~. DO _ Inlntslve thall and does nOl intenSify or expand the Ilonconfomung fi:atmes, aDd (2) (he . ~: modlficatlon, rellovatlon or replacement Clther- Improves access 10 the building or Imjlroves ~ bUlldmg's aesthetic appearance '''''1 1.:1 Ordlnallce Number 1843 (CCS) was adopted on February 27, 1996. and shall Oecom~ effective 30 days from Its adoptlOll. - ~ ~ , :- - ". ........~ I, MBlla M Stewart, City Clerk, do hereby celttfy that OrdtnMce Number lI4l(CCS,' had Its first reachog on February 13. 19%, lIIId bad Its second readm8011 Joebruary 27....1996.... WlIS passed by the followmg vote -, . '...- ,.~ "" ~:\ .~ ~j Ayes Counctl membm AbdD, Genser. Greenberg, Holbrook, O'CoIUlO~ - Rosenstein . ~~ ,~!it Noes Council members None t,q ~",'t Council members None ...tl Council members Ebner ! tJ .. .r: Abstain o\bsent ISf MARIA M STEWAR.T- ,;fI City Clerk ... > The full text ufthe above Ordmance is Ivaalallle upon request from ~ oft'iu6rthe t+.l. Clerk, located at 1685 Matn Street. Room 102., Santa Mollica Phone (310) 458-8211 ~ ..~~ Pub March 9, 1996 T+G :"')0 ~