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SR-8-A (73) LUTM:PB:DKW:LH:cn/varcc.hpword.plan Council Mtg: December 3, 1991 Santa Monica, ~ -A C 1. f nEe 3 J99J a 1 ornla ~ DEe 1 7 199J TO: Mayor and City Council FROM: City staff SUBJECT: Recommendation to Adopt Text Amendments to the zoning Ordinance to: 1) Modify Section 9113.3 Pertaining to Applicability of Variances and Miscellaneous Clarifications to Text in Section 9113.1 through 9113.8 2) Modify Section 9040.19 Pertaining to Building Addi tions Extending Into Required Side Yard and 3) Create an Adjustment Procedure (Subchapter 10Q) INTRODUCTION The purpose of a variance is to allow a modification to a code requirement to assure that a property owner is not deprived of making property improvements commonly enj oyed by others in the same zone and vicinity because of unique physical circumstances on the subject parcel. Currently, the Code has very limited situations in which a variance can be requested and as written, appears primarily oriented towards new development and sites with significant building constraints. After the council heard from several homeowners having difficulty adding on to existing homes which did not conform to current setback regulations! the Council directed staff to modify the variance section of the Zoning Ordinance (Section 9ll3) to provide greater flexibility in the types of variances that can be requested. Staff's experience is that the majority of variance applications in recent years involve small projects, often involve substandard lots, and frequently concern additions to existing single family - 1 - hOIDa ~A DEe 3 1991 DEe 1 7 1991 t ~~ -. , .,..~ .) 4 small ! commercial buildings or operations. The proposed amendments are primarily intended to address aspects of the present code which regularly appear to create significant constraints to these classes of projects. The Planning commission held a public hearing on the proposed text amendments on July 24, 1991. The commission in their recommendation to Council suggested some revisions to the staff proposal (see Commission minutes, Attachment A). Staff has incorporated these changes into the draft ordinance (see Attachment B). Subsequent to the Planning commission meeting and in working with the City Attorney.s office in formatting the revisions into ordinance form, some additional changes have been made for technical clarity. For example, throughout the ordinance, the word "permit" has been deleted and the word "allow" substituted. The proposed code modifications are discussed below. PROPOSED MODIFICATIONS There are two main issues with the variance regulations: the types of modification to the Ordinance that can be requested and the level of review, including the time and cost, required. In addition, the variance section relates to Code Section 9040.19 pertaining to the expansion of existing buildings wi th nonconforming setbacks. While in many other cities most code requirements may be modified through a variance procedure, Municipal Code Section 9113.3 of subchapter 10E narrowly defines the types of variances to the <' ~ , """ .') 1/' ~ . - 2 - Ordinance that can be requested. The proposed text amendments will expand the list somewhat to provide a greater range in the types of requests that can be considered (see Attachment B), but does not make all code provisions subject to variance. In addition, several of the proposed changes would create limited circumstances under which application could be made, i. e., a certain amount of grade differential needs to be present for sloping lots to be eligilble for a height variance. An expansion of the list does not mean that the applications will be approved, but simply provides the mechanism for someone to request an exception to the code. An application will be reviewed through the public hearing process and all of the necessary findings must be made in order for an application to be approved. The following analysis summarizes the proposed amendments in the order in which the changes appear in the attached ordinances (see Attachment B). only substantive changes are discussed below. Page numbers listed at the beginning of each topic discussion refer to the draft ordinance showing the variance section of the code with bold and strike-out text. Lot Sizes and Parcel Dimensions (Page 4) section 9113.3 (a) is proposed to be modified in several respects. The language referring to lot coverage has been moved to another section. In addition, the language allowing modification of lot sizes and parcel dimensions lias may be necessary to secure an appropr ia te improvement on the site II has been deleted. Modification of lot sizes or parcel dimensions - 3 - may be unrelated to the type of improvement which might be appropriate on the parcel. The link to an "appropriate improvement" is not made for other types of variances. Yard Setbacks (page 4) Existing section 9113.3 (c) is proposed to be deleted. See discussion below of proposed Section 9113.3 Cd) (yard setbacks) . Fence Heights (page 5) Modifications shmvn in section 9113.3 (c) eliminate redundant language concerning fence heights. Yard Setbacks (Pages 5-6) Modifications shown in Section 9113.3 (d) address yard setback variances. Currently, an exception to a setback requirement can be requested if a lot is irregularly shaped or the parcel has a 12.5 foot grade differential. The proposed modifications to this section (9113.3(e)) would allow a variance request for setbacks and parcel coverage on substandard lots, which is defined in the proposed amendments as parcels with a depth of 90 feet or less or a width of 39 feet or less. This definition of substandard is consistent with a zoning Administrator interpretation which was approved by the Planning Commission in 1988. The ordinance otherwise lacks such a definition. - 4 - New wording is proposed to replace "irregularly shaped parcels" (9113.3(d) (2)) since a definition is not provided in the Ordinance. staff has proposed that irregularly shaped parcels be defined as nonrectilinear or nonrectangular parcels with parallel property lines that differ in length by a minimum of five feet. Currently, a setback variance can be requested if a parcel has a 12.5 grade differential between the curb level and a point 50 feet from the front parcel line, midway between the side parcel lines. The Planning commission and staff recommend that rather than using one point of reference for grade differential, that a variance application be allowed for setbacks and lot coverage if there is at least a 12.5 grade differential measured from the front to rear parcel line or any point from one side to the opposing side parcel line. This amendment is intended to address the variety of sloping lot configurations which exist in the ci ty . The City Council has heard from several homeowners who have wanted to expand their existing residence, but because the existing structure does not comply with the current setback requirements of the Ordinance, and the addition exceeds the 12 linear feet allowed by Section 9040.19 (which permits the expansion of an existing non-conforming structure in limited circumstances) the homeowner cannot expand his/her residence as desired. Currently, no mechanism exists in the Ordinance to allow an exception unless the parcel is substandard. In order to address this situation, the Planning commission and staff recommend the following two changes: 1) to expand the size of the - 5 - addition allowed as a matter of right from 12 to 15 linear feet, and from 12 to 14 feet in height (see Section 9040.19) and 2) to allow a variance request to expand beyond the proposed 15 foot allowance. The 15 foot length and 14 foot height are intended to permit a small room addition. In reviewing the existing language and this proposed modification concerning setbacks, staff determined that section 9113.3 (c) , pertaining to additions to existing residential structures I should be deleted because it is not entirely clear what type of variance is allowed and it is redundant given the proposed change concerning expansion along an existing non-conforming line (Section 9113.3 (d) (4)) . The proposed section is different, in that it does not apply only to small lots or limit the size of the additionl but does require that the addition follow the existing line of the building and specifies a minimum four foot setback. state Density Bonus Law Requirements (Page 6) Section 9113.3 (e) addresses requirements relating to State density bonus law. The Planning Commission and staff recommend the addition of a new category in response to state legislation (AB 1863) which requires that cities establish procedures for modifying development and zoning standards for proj ects which conform to the state density bonus provisions. The new section (9113.3(e)) would allow variance requests for a 25% reduction in required setbacks and parking for projects complying with the state density bonus. - 6 - Height (Pages 6-8) section 9113.3 (f) addresses height variances. Currently, variances are not permitted for building height. Two situations concerning exceptions to height have been identified. There are instances where because of site topography and the way height is calculated, the height limit does not allow the development otherwise contemplated by the code. Therefore, the Planning Commission and staff recommend that a mechanism be provided to address such situations, and that a height variance of not more than five feet be allowed in two cases: 1) the site has a 12.5 foot grade differential at any point between the front and rear parcel lines or between the side parcel lines and 2) to expand an existing structure that does not comply with the height limit. In both of these situations, the applicant would have to demonstrate why the variance request is justified and could not obtain approval for more than a five foot allowance above the height limit. New Variance Sections The Planning Commission recommended two new sections be added to the types of variances that can be requested. The situation concerning the expansion of buildings that are legally non-conforming as to height is a result of an application for a text amendment submitted by Leisure Care, which was intended to allow the expansion of an existing penthouse senior recreation room at 2107 Ocean Avenue. The requested text amendment was to modify Section 9080.2 (b) , which addresses expansions and - 7 - additions to nonconforming buildings, to.::'low an expansion of the upper, non-conforming level of a building. In reviewing the application, staff recommended that rather than modify the requested section and allow such an expansion as a matter of right, that a case by case review would be more appropriate. Therefore, the Planning Commission recommended that a variance request be allowed for such an addition provided a number of criteria are satisfied. The criteria would limit the size of the addition, require that the addition comply with other applicable regulations, and require that the addition not increase the nonconformity or intensity of the use wi thin the building. The Planning Commission recommendation also included a requirement that the addition be reviewed by the Architectural Review Board. This criteria has not been included since architectural review is required by code for all new construction in all of the zoning districts except Rl and is therefore not needed in the variance section of the Zoning Ordinance. Detached Garage Additions (Page 8) The second situation recommended by the Planning Commission was raised by a member of -the public during the hearing process and is included in section 9l13.3(h). This section is intended to allow a variance request to a front yard setback in order for someone to be able to construct a detached garage to provide covered parking for an existing residence. Three criteria, concerning use, lot depth, and access, must be satisfied to be able to request the variance. - 8 - Clarifications to Text The remaining proposed modifications to Subchapter IDE are to clarify language in the Ordinance. The ordinance currently uses the phrase "permit the modification" which is proposed to be changed to "allow the modification". This change is proposed because the use of the word "allowll is arguably less ambiguous than "permit". Another language change is in Section 9113.5, Findings. This language modification is in the introduction and does not change the findings themselves. Building Additions in Required Side Yards (Page 14) For discussion of this issue, see analysis of Section 9113.3 (d) above. variance Process (Page 15) The variance process is onerous for certain very minor categories of code exceptions, for example six inches in building setback. Both the cost ($600, plus preparation of a notification list for a 300-foot radius ) and the amount of time seem out of proportion for certain minor requests. The Planning Commission and staff recommend that an "adjustment" procedure be established to allow requests of limited and clearly defined minor modifications. The adjustment procedure was used in the past in Santa Monica, but was deleted with the adoption of the new Ordinance in 1988. As proposed, the adjustment procedure would be an administrative process, reviewed by the Zoning Administrator (see Attachment B, - 9 - Subchapter 10Q) for limited requests as specified in Section 9152.3. Upon receipt of a complete application, notices would be mailed to property owners and tenants "Ii thin 100 feet of the exterior boundaries of the subject parcel, advising them of the application and a 14 calendar day time in which to request a public hearing if one is desired. Absent the request for a public hearing, the Zoning Administrator would make a determination on the application within 14 days of the completion of the notification period. The Zoning Administratorl in making a determination, would need to make all of the findings outlined in Section 9152.6. If a hearing is requested, the application would be scheduled for a public hearing by the Zoning Administrator. Property owners and tenants wi thin 100 feet of the exterior boundary of the subject parcel would be notified of the public hearing. An appeal of the decision, by the applicant or an interested party, would be allowed during a 14 day period after a decision is made. The applicant, and anyone having written or spoken at a hearing on the application would be mailed a copy of the decision. If no appeal is received, the applicant could then proceed with the project. If the decision or any condition of approval is appealed, the appeal would be reviewed in a public hearing process by the Planning Commission. A filing fee of $330 for the adjustment procedure was adopted by the City council by Resolution 7607 in April 1988. - 10 - PROCEDURE The proposed text amendments are categorically exempt from the provisions of the california Environmental Quality Act, Santa Monica Guidelines for Implementation, Class 5. section 9120.4 of the Zoning Ordinance sets forth procedures for processing a text amendment and requires that the city Council conduct a public hearing. This proposed text amendment was noticed as required by the Code. section 9120.3 provides findings that must be made in order for the council to adopt the amendments. The findings are that "the amendment is consistent with the goals, objectives, policies, land uses, and programs specified in the General Plan" and that "the public health, safety, and general welfare require the adoption of the proposed amendment.1I BUDGET/FINANCIAL IMPACT Adoption of the ordinance amendments will not have an adverse impact on the City'S budget. While the amendments to the variance section will allow a greater number of applications, the $600 fee established for a variance is intended to cover the cost of processing the application. A filing fee of $330 was established for the adjustment procedure in 1988. It is anticipated that this fee will cover the processing of these new applications. - II - RECOMMENDATION The Planning Commission and staff recommend that the City Council: A.) Adopt the proposed ordinance modifying Subchapter IOEI Variances, of the Ordinance with the following findings: 1. The proposed modifications to subchapter IDE are consistent with the goals, objectives, policies, land use and programs specified in the adopted General Plan in that they do not adversely change the intent of the current code section, but rather provide more flexibility in the types of modifications that can be considered, as well as clarify certain language in the SUbchapter. Increasing the ~lexibility of the section does not necessarily result in approval of such applications, but only that they can be considered through the public hearing process. 2. The public health, safety, and general welfare require the adoption of th -ryosed amendments in that they will allow people to request a modification to a code requirement that currently cannot be considered in order to enj oy development opportunities enjoyed by others in like zoning classifications and similar locations. The Zoning Ordinance adopted in 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 development. Adoption of the text amendments will provide the - 12 - community with a mechanism to allow a case by case review of such requests. B.) Adopt the ordinance amendment concerning the expansion of existing buildings with nonconforming setbacks (section 9040.19) based on the following findings: 1. The proposed amendment is consistent in principle with the goals, objectives, policies, land use and programs specified in the adopted General Plan in that it does not adversely change the intent of the code but allows for a slightly larger, more reasonable building addition that is still in scale with what is allowed by the current code. 2. The public health, safety, and general welfare require the adoption of the proposed amendment in that it will provide more flexibility to create a reasonable building addition that is in scale with what is currently allowed and will allow the reasonable enjoyment of development opportunities provided to others in like zoning classifications and similar locations. c.) Adopt the ordinance amendment establishing a new section in the ordinance to create an adjustment procedure (Subchapter lOQ) based on the following findings: 1. The proposed text amendment to create an adjustment procedure is consistent with the goals, objectives, policies, land use and programs specified in the adopted General Plan in that the proposed adjustment procedure creates a process to - 13 - expeditiously review minor adjustments to specific Zoning Ordinance development regulations. 2. The public health, safety, and general welfare require the adoption of the proposed amendments in that it will establish a process by which the City may consider minor adj ustments to Zoning Ordinance development regulations and which provides for public review of an application, yet provides the review in a more timely, less costly manner, and will provide for development opportunities comparable to those enjoyed by others in like zoning classifications and similar locations. Prepared by: Paul Berlant, Director of Land Transportation Management D. Kenyon Webster, Planning Manager Luci Hise, Associate Planner Use and Attachments: A. B. Planning Commission minutes, July 24, 1991 Text Amendments of Subchapter IDE, Section 9040.19 and Subchapter 10Q DKW:LH hp/varcc 11/21/91 - 14 - 1\ +-L. +- r' ~ ~, rrn ' , I' ti 1\ " \~ \.-.\. 0 I I , Ie 1 n !1 I NUT ::: S SPECIA~ MEETING OF THE ?LAN~ING CO}rnISSION OF THE CITY OF SANTA ~ONICA WED~ESDAY, JCLY 24, 1991 7:30 P.}!. CITY COCNCIL CEN1BERS ROOM 213, CITY F~LL 1. CALL TO ORDER: The meeting was called to order at 7:45 p.m. 2. PLEDGE OF ALLEGIANCE: Allegiance. Conr.lsslone~ pyne led the Pledge of 3. ROLL CALL: Present: Sha=on Gilpin Ralph Hech'.lr Rita Horales Donald Nelson Jenr.ifer Polherr.us l'ho:1as pyne Paul Rosenstein Also Present: Paul Berlant, Director of Planning Suzanne Frlck, Planning Manager David Jackson, Associate Planner Joseph Lawrence, Ass't Clty Attorney Davld Hartinl Acting Senlor Planner Ruta Ski~ius, Sr. Admln. Analyst Kenyon Webster, Planning Manager 4. . APPROVAL OF 11INDTES: Commissioner ?yne made a motion to approve the minutes for June 12, 1991, as submitted. CO~~lssioner ~orales seconded the motlon, which was approved by voice vote. 5. PUU~NING DIRECTOR'S REPORT: ~r. Berlant gave the Dlrector's Report. co~~issior.er Polhe~us stated she wlll be absent on July 31st and A1..':.gus't. 7th. 6. STATEMENTS OF OFFICIAL ACT=ON: Consent Calendar CO~~issloner Nelson made a motlcn =or approval of the statemen~s of Official Act~on as submit~ed. com..-nissioner Polhemus secor:.d.ed the motic:;., ~.;hlcr: vIas approved. by voice vote with CO~~S51cne= Gil;~~ abstalning. A. CGP 90-098, ~p~ 22809, 349 l~th street. 3. ~PC 155, VTTM 50713, 927 ::t~ St~eet. 7. P~BLIC HEARINGS: A. Text Amendment Reaard~~a Additions to Nonconformi~q 3ulld~ngs (SubChapt~r 9) ,'Appllcant: Leisure Care, Cons~de~at~on of a text amend7.ent to Subcnanter 9 of the Munic~nal Cede pe~taln~nc to addltlons and-enlarae~ents to nonccnforml;g bUlldlnqs. More speclflcally, the pronosed tex~ amend~ent lS to allow more flexibllitv to ~xpand a bUlldlng t~at exceeds the helght Ilmlt of-the dlstrlct 1n WhlCh ~~ 1S located. (Planner: Hlse) COI:lrtissioner Gllpin stated she ,.,ras stepping down the dais during the dlScussion on thlS item because was not present at its ?rior hearlng. from she Chalr Mech~r stated teat the public hearing was closed at the prevlOus hearing of thlS item. CO~~lssioner ?olhemus expressed concern over the length of tl~e it will take to bUlld this proposed addltlonal faclll ty. Karen Blac}:~'Jell, representing Leisure Care, stated that it is estimated the construction will take six r::onths. Commissl0r.er Polhemus asked for an explanation of the diffe:r-ence het"'tJeen a text amendment and a variance. Staf:: si:ated that, lf favorable, this will change the variance sect~on of the code rather than the non-conform~ng bu~ld~ng SeCi:lOn of t~e code. Commiss~one~ Polhemus asked if staff was in favor of the f~ve recommended cond::.:::.ons submltted by Leisure Care. Staff stated t~e conditions are very l~miting and acceptable. chair ~echur commented the conditlons would then apply to all variances under the code. Co~~issioner Polhe~us asked if staff had any additional condl ticns t~at they ..;auld like to add. Staff stated that the text and conditions as presented appear to be Suf:!:lcient. CO~~lssicner Rosenstel~ asked staff how long the approval p~ocess through C:.ty Co~ncil would take if the variance route was chosen ir.stead of the text amend~ent. Staff stated It would take four t~ six months. cor.:....'nissioner Roser.s~eln stated he had a problem with staff's recom~ended changes. Mr. 5erlant asked if ~~e text amencnent had been revlewed by the ci::y A~tor~ey. Staf:: stated t~at it has not vet teen revle~ed bv the Attcr~ey's staf::, excent as part.of the Co~~ssicn ;acket. - - 2 - Com~lssloner ?yr.e as~ed staff .::..f the tlme table could be shor~ened. Staff s~a~ed that after the City council has approved ":.he text aner.dment, and during the 30 day perlod p~:.or to. flnal adoptlon, they could accept an appl:.cation. Chaiy ~:ech::r currently has. stories. as~{.ed T::e ho'..; :--any applican-:. stOYleS t~e stated there building are ten Chair t'~echl:.::::'- asked ~/;hat uses occu~ on the ten floors. The appl~can~ stated that there aye livir.g quarters on mes":. :loors. Chalr Xech~r asked about the ~enth floor In particular. The appllcant s~ated t~ere are offlcesl a 11brary, pentho~se l~vlng quarters and t~e outdoor space. Chair ~echur stated r.e wants the building to have adequate facilities, but this is a privately run facill ty ar.d the :::-equest; lS for a change of use and additior.al space. He felt the offlce spaces or living ~~arters en the tenth floor could be converted into the needed ce~~~nlty space. The applicant stated that the bUlldi~g was built as a ho~el and the living space was not deslgr.ed for long term occupancy. 'The applicant also stated -:.hat mos-:. rooms are about. 500 square feet and the resldents ~eed more common areas. Chair Mech~r s~ggested other uses fer the tenth floor. Connnissl.oner Nelsen commented on the apparent w~ndow screer.s shm.;n on the rendering. The archi teet stated that these are skylights, not additional usable space. Commissloner Nelson stated his problem with the proposal is that, if approved, ot~er applicants will request the sal"e pr::vilege. He questi.oned whether i"=. would be a good public policy to make this text a:nendment. The applicant cor.~ented that variances are rev~ewed case by case. Commissic~er Nelson stated that if the appl~catlon ~s slm~lar, then It ~ust be approved by code because the ~~ecedence will have been set. Cor.~issloner Nelson asked i= the text amendment could be llmlted to "res:.dentlalH buildings only. The applicant stated t~at her applicatlon is a special case. conu~issioner pyne asked ~ojhy the :nanage:r,ent could not vacate the office space and make that common space. The appl.:.cant s-=-ated ":.:hat:. the office and l::brary space is sha~ed ar.d t~ere :.s ~o o~her place to put them. CO~~1SSl0~e~ Fvne asked what else is on the tenth flco~. ~he apo:lca~t ~tated that ~here a~e client servi~g uses such as a beauty parler and two living u~its. - 3 - Conmlss~oner pyne asked ~ow nany uni~s are i~ the complex. ~he appllcant s~ated t~at there are 119 units wit~ very ~ittle open space or co~~on space. The appllcant stated t~at this area is currently an open patio and '.,nll be better utillzed if it is covered. Also, the appllca~t commen~edJ ~here is a long waitlng l~st for UTIlts and no vacancies. commissloner Rosenstein staff ~ecc~mendatlCTI5 application. !:'ade and a ~otion to deny for adoption of the specific CommiSSloner pyne seconded the not~on for d~scussion. CO~~lssloner RosenstelTI stated that taking the application separately, ~t should be allowed, however he did not support the general text amendment. Chair 1~echur commented tbat the area add~tion would total approxirately 1 1/2% of the building. CommisSloner Polhemus asked if the Commission was voting on the merit of the text amendment. CO~uissioner Nelsa~ asked if the incorporate the applicant's five Comr,lssioner Rosenstein stated it would not. motion would conditions. The TIotlon approved by ~~e following vote: AYES: Mech~r, ~orales, Nelson, PolheMUS, Rosenstein; ABSTAIN: Gilpln. pyne I B. Conslde~atlon of Ordi:1ance ':'ext Amendments to Variance section (9113.3) f Building Add~tions Extending into the Requlred S~de Yard Sectlon (90~O.~9) and Creatlon of an Adjust~ent Procedure for Speclfic Mlnor Modlfications to the Ordlr.ance. (Planners: Webster/Hisel Follm'l:'..ng the staff report, Cor..m:,ssloner Nelson asked for more detail cn the new Section 9113.3{F) regarding yard setbacks and parkir..g requirements. He stated he did not understand the setbacks. Staff stated that state law does not cover specific variances and s~aff selected setbacks and parkl.ng as areas for var1.ances. Staff also stated t:!1at the State requires t:!1e city to offer t......o areas for varlances and staff is trying to meet state law. Addit:.onallYJ staff stated that a limit of 25% density bonus has been set. Commissioner Nelson asked what will hanoen if an in-lieu fee is adopted. Staff stated t~at if a-fee is not paid, then t~e applicant can not bui:d the bonus U~ltS. Com.r:\:.ssioner Nelson asked If an applicant can get the bon~s If the in-lieu fee is paid. staff stated this is incorrect. - ~ - ComIDlsslor.er Nelsen :Eel t there would be a signiflcant change if, as an exa~ple, a project was required to have 12 parklng spaces, but allowed to have only 9 spaces under t~e proposal. Staff explained the 25% rule. CO:!Ll![1issi.oner Polr..emL:.s commen~ed on attachment "ell, at the bo~tom of the page, and asked who are the adjacent properties. Staff stated adj acent properties are def:':1ed as !?rOpertles that have shared property lines with t~e subJec~ property. Chair Mechur asked ,~ across the alley fro~ stated it would not. this the would include properties SUbJect property. Staff Comll'l.ssioner polhe:nus asked about the variance mail ir.g. staff stated there radius. distance for a is a 300 foot COIPililssio~er ?olhe~us corr~ented that property owners and tenants across the street should be notified, within at least 100 feet of t:-.e subj ect property. staff stated this could be done. Staff also stated that parking issues are very sensltlve and other issues, such as fence height, are not as sensltive. Commlssioner Polhe;::.us asked that past experiences be referenced for these sensitive issues. staff stated they were seeking balance in the amendments. Chair Mechur co~mented on the proposed amendments, especially the 5% lot coverage adjustment. 3e also asked about hardship criteria. staff stated that the 5% lot coverage adjustment came from requests from existing single family dwell~ngs, WhlCh requested adding one or two rooms, WhlCh would exceed maximum lot coverage by a small amoun~. Sta=f stated t~is adjustment was designed to address small roo~ additions to existing single family dwellings. commissioner Pyne expressed concern that the amendments were created unscientlfically. Re asked staff how these issues would be approached If there was not need to be sensitive. Sta=f stated t~at the Zoning ordinance and General Plan are an excression of the will of the community, developed through an interactive process. Staff commented that fence heights are a great concern and a "hot" issue. Hr. Berlant commented that plan:J.ersanalyze appllca-::lons using sensitivity to the co~~unity concer~s. He also stated that the new Zoning Ordlnance has shown some flaws for some types of develGp~ent and lots of ~lgidlty. T~e a~endcents, stated ~,!~. 3e~la:1"C., are ~ntended to gi ve so:ne flexibility. 5 - Conm1ssio~er pyne commented t~at th~s profession needs sensitlv~ty/ but passed a r~gid code. One me~ber of t~e p~bllc/ Clifford W1eber, 713 Bay street/ spoke about ~is particular need for a variance to build a garage. staff spoke i~ respo~se to ~r. W1eber and s~ated ~hat to accom~odate hl~ wou:d req~lre changing the definit10n of a sub5ta~dard lot as regards slze, or change the site of garages per cede. Cornrnlssioner pyne co~mented on the incremental aooroach being too res~r1ct~ve. staff stated there was a great deal of public debate on this issue. Another :-ember of ~he represen~~r.g Leisure Care, public, Karen Blackwell, spoke to the amend~ents. Chair lfechur asked if 'the 90 foot figure was chosen for a particular reason. ?!r. 3erlant explained. Corn~lssicner Morales asked for a clarification regarding the Leisure Care letter, item G on page t,'IO. Staff stated thls could not be accommodated. COllL"nl.ssioner ~'!orales asked if any thing could be done about th~s. Staff sta~ed nothing could be done at this time. Commissloner Rosens~ein felt the wording was unclear. Staff stated it can be clarified to state any existing structure five feet or g~eater. Corr~issloner Rosenstein proposed some new word1r.g, which he subm:~~ed to s~aff. Chair Mechu~ commen~ed on nur.~ers for the Leisure Care addition. Ms. Black~ell stated the p~oposal is to enclose 1,187 square feet of a buildlng that 15 currently apprcxima~ely 89,600 square feet, which equals approxinately 1.3% of the building. Chair Mechur closed t~e public hearing. Comrnlssioner Nelson commented on COrnIDl.ssior.er Rosenstel.n's new language and stated he was not prepared to allow additional height on structures with an increase of l.5% or 2% square footage in a non-conforming building. He sta~ed he would love to restr:ct t~e text amendmen": further to "residential ,. only. Chair Mechur cc~mented footage. Com~issl.oner should remain even. on i~crease in r.e~ght and squa~e Nelson stated that roof l~nes - 6 - Chalr i!ecb.:r asked if the text amendment could be res~rlc~ed. Mr. Eerlant stated that the Commlssion can limlt the text amend~en~ to apply to residential buildlngs only. commissioner pyne camme~ted that the proj ect lS congregate housing and amendment co~ld be :lrnited even further. Leisure suggested care the CcmrniSSloner pyr.e ~ade a motion for approval of the text amendraents. Co~missloner ~orales seconded the motion. CommlSSlcner Rosens~ein asked that the following amend~ents be added: (1) that the proposed five points subnltted by Lelsure Care be included, with other percentage figures s~ch as 2% and that &qB approval be required; (2) that t~e ~6 altered use of the structure of t~e build~ng is not practical; and (3) that additions are not to exceed adjacent buildings or be seen from the street. CO~~lSS1oner Nelson asked that the residential restriction be added. Com.."Tlis s loner amendments. pyne was agreeable to the proposed Commissl.o:1er ?olhe:"lus asked that the alphabetical portlon of Sectlon 9125.3 be made numerical and that Section 9125.4 be amended to read mailings be done for a 100 foot rad~us =c~ owners and tenants. commissioner pyne agreed ~o these changes. Chaiy Nechl..lr asked foy a re,-lOrding of the language on Section 9l1J.3(G). :'!r. Berlan~ stated that five feet applies to all ~ax~~~m. Chair Mechur asked staff to add language regarding allowing covered parking on subs-candard lots ,.Ii th existlng struct:1res I with review prior to city COU:1cil. Commissloner pyne agreed to the changes. Commissioner ~elson asked for a clarification. He asked that "accessory build1.ng be used as a garage on parcels less than ICa feet: deep ,.nth no alley access". He stated this should be for need and not for convenience, and ~here be an existing structure on the site. Commissl0ner ?yne and Polhemus agreed to the changes. Co~~~ssioner Nelson co~~ented that Section 9152.3 found in at~achlLer;t. "C" on page one naGe him uncomfortable. He felt: i~ w~ll generate a large number of requests. He also stated he could support it If i~ applies to ex~sting parcels and cuildlngs only. - 7 - Co:r.muss loner ?olherms asked how it should be phrased. Chalr Mech~r sugges~ed the Zoning Administrator should determine ~he word~ng. Chair Hechur asked for an explanation of addit1.ons as regards ~ot coverage. ~r. Berlant stated that a varlance 15 to allow and exception to code because of a uni~e circumstance. commissioner Nelson expressed agreement with Mr. Berlant and commented on socla1 equity. Chair Mechur stated the ame~dments should be limited to existing structures and co~~e~ted that he did not favor the 2% figure. commissioner Nelson commented he had no problem 'with granting varlances ".,i thout increasing the height of a structure. Ee stated that the applicant does need common space, however he stressed that there needs to be SOIDe analysis done regarding space utilization and who will use the space so that it is functional. Chair Mechur expressed agreement with Cor-missioner Nelson. Commissioner Polhe~us recoLnended that Leisure Care make an exact calculation of the square footage of the their bUllding prlor to the City Council hearlng. The motlon was approved by the following vote: AYES: Gilpin, Mechur, ~orales, Nelson, Polhemus, Pyne, Rosensteln. c. To change the following zoning designations: M2S (Industrlal Dlstrlc~ - Slte ReVlew Overlay District) to C5 (Speclal Office Dlstrlct), M2 (Industrlal Distrlct) to C5, MI (formerly Llffilted Industrial Dist~ict) to C5, and M2 (Industrlal Dlstrict) to MI (Industrlal Conservation). The rezonings are necessary to make the zoning consistent wlth the designatlons approved by the City ln 1988. Following the staff report, Chair Mechur asked staff if this was the final redistrictlr.g hearing. Staff stated that there would be one more hearing on the beach areas. commissioner pyne asked staff why the request was made to rezone 612 Colorado. Ms. Ruta Skirius of the Economic Development Division and Property Manager for the c~ty, sta~ed that tte prcper~y is owned by the city Transporta~~on Depart~ent and the Community and Neighborhood Services Division (CNS) is c~rrently using the facility for social services organlzatlon since 1988, in add': tion to leasing to several market rate tenants. Ms. Skir:.us stated that CNS pays the - 8 - /~ t t 0.C Il(llE: nt Q u CA:RMM:CB:cbvartxt/hpc/pc city council Meeting __-__-91 Santa Monica, California ORDINANCE NO. (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 10E 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 - WHEREAS, the City Council finds that the publ ic 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 I the ci ty 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 - 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 revl.ew, and authorizes application fees that are commensurate with the minor nature and impact of the physical improvement, NOW, 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 permit allow variations where practical difficulties, unnecessary hardships or results inconsistent with the general purpose of - 3 - this Chapter would occur from its strict literal interpretation and enforcement. SECTION 2. section 9113.3 of the Santa Monica Municipal Cede is amended te read as fellows: section 9113.3 Applicability. The Zoning Administrator may grant a variance from the requirements of this Chapter to: (a) I':;=-:::it Allow modification of the minimum lot sizes or minimum lot parcel dimensions :lnd lot "-".........."-.........~- _____....., ....-1-..:_-- ... -"":/........ ~ -----...- =3Y == ~=====~=7 ..~ ~------ -- --_....""'- ....~~ ~pp;:~;;::i~t= ..:----....----"'- ...~u~..s.. _ . _...d'l;;;j;..I....... t~~~ 1vt. (b) I':;=-=it Allow the reduction of the automobile parking space or loading space requirements. (e) ~- ....~. ___~.! ~__..L..! _." .... ~~~\..tc....c: ......11;I.... ,,:,.:_~-..:_~- 'IoA.........,.""'.L......_....~, 't p~~=r ..... '1 ., .-._.. w............PT ..J..._ ""......'IWi _~~..!.L.!__ .....uo",.l..L- &.,.......u....1 V.L a",-:il~?fIcmcnt .-& -....:_....!__ .........~l~~__ VoL. <..tJ:.1. ~.n..-L...:;1I '-..L......~ ............................L.......":f, nQ;:- =onformin'1 a~ 4-,.... 'I"''''''''II_~ __........__1...._ -- -----,. - ,. --- .L -..... - -- _~'-A"".$"~ -...... J:"~ '-""'IIiiiiiO.....,.. ........-- +-J....~,., L "'^" """,...,...,v --.. ....-- ~':1""'oLA...L."" &__. ........I;;;il".' ___n.:~_~ ,t-'...........".........w....... ..J.._+- to........II.4_ t.J:;2 addi ti.::.rJ~ v~ __.. ________..L.. C"U.La~ :ft:::."C"U L. .3~ _ _ YVC"~ --...... J.lV... -..-___A 1Wo~.....~~....- .. l:" ""..,., J;-'1Jl;;..L .-.--.1- ,-I;;;:i.r.~'- ".......,... D . I"" -'"l> I _ ~ ..L..L _ ~.. v~ \....~ ..L .L .....U.L CI..L o::a - ... v.... th.= -., ~ - ~ .: -- -........~....-......"':1 ------_&-----~-- "-V..............,.. JU..LJ.l.,,:/ 1.;t.;ildi~q :Jnd p;:c;.-idad ......1-. _.L 1l....l..Lu. L.. it i~ --...... ..UV..... g -----~ O=\..o-V.U.Y fl:;or a dd-i-eic;;.. ....- ......... .i !J tZ-i-i cti..t.i-.; ~u .L.... _ ....."''''~ nl District. - 4 - (c) (d) flc==it Allow the modification of fence heights ~ _______~_7 __~ ___~A__~~_~ ~~_~_~_~_ ............,.I-1UI.wL "'-"..L.~"'" '-'I.....L~ .... ........;1...&.__...... ................... """-4," _........_ __ . (4) (0) T"'J.__........:. ... 1IWo'.................. Allow the modification of yard setbacks 6fl .:_____.."'__'1... _1..____~ ~~~~~~~a~~I ~~~~~~~ 1_~_ __ ....-....." -~ lDt:: ...1..___ ,............... ,.,.. ~1.._ ......- _ '7 _......._...!__ .....L......"'"~........'-"'..&... -~ ........ ~1.._ ""......... q=~~~= .:: t ~ ---.:_~ ~......~.......... 1:"'" oJ'" .&.......... &_-- ..L T;"r;;;:' '-' .L...L \-'..1:.1.1 ~1.._ ......."'..... &___..... '.-01- ......&.. __......1Loo ................ 'T../__ -~ ..:: 7_. __Ai fuidnuY bct~~~~ t~~ =i== l~t li~=~ diff==c 12 , /.., ~/.... ~--~ -- ~--- ~--- .. "--.... .....~ ~'I"\",II'.. ~ ....... _.... ~I..._ _.._L... _.......... _......... A-' '1_...._'7 ........... ... -....... . or parcel coverage on: (1) Parcels havinq 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 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. (") Addi tions to the same floor of an existinq buildinq which is - 5 - non-conforminq as ~o yard setbacks, where such addi tiOD follows the line of the existing buildinq but in no case is closer t~an four fee~ ~o a proper~y line. 1!l Allow encroachment in~o no more than 25 percent of a yard se~back, or reduction of the numher of on-site parking spaces by no more than 25 percent of the required number of on-site spaces, or bo~h, for multi-family residential developments conforminq to state density bonus "lidelines. In no case shall a rear yard setback of less than five (5) feet be allowed. (f) Allow buildings ~o exceed district heiqht limits by no more than five (5) feet in one of the following situations: (1) If a parcel has a qrade 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. (~) To allow an addition to an existing structure that is legally - 6 - 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 addition does not exceed two (2) percent of the total floor area of the building. (3) The addi tioD does not increase lot coverage or the overall footprint of the building. (4) The addi tion does not increase the density or nnmher of inhabitants or increase the intensity of use of the building. (5) The add! tiOD 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 - (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 all of the followinq 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. (f) (i) PQrmit Allow the modification of the side yard setback for primary windows in the OP-2, OP-), and OP-4 Districts when the imposition of the required setback would severely constrain development on the project, an al ternative setback would still satisfy private open space requirements, and maintain privacy for the occupants of the project. - 8 - SECTION 3. section 9113.5 of the Santa Monica Municipal Code is amended to read as follows: Section 9113.5 Findinqs. 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 Vyariance application in whole or in part, with or without conditions, provided all of the following findings of fact Ciii.i 1.. _ ........ __-3..- __ "UL-I.\0.4y ....L.L -. _ __ JC.I:."..! ~_ ..... .&. .: _ _.-.. .... -. _.... __.- u.t:.... U,L......... ..u~ L....&. 1f W ",U.i:g.,J"'J:"'yL 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 variance will not be detrimental ~or injurious to the property or improvements in the - 9 - general vicinity and district in which the property is located. (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 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 integri ty 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 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. - 10 - (i) 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 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 ~or injurious to property or improvements in the general vicinity and district in which the property is located. (k) The strict application of the provisions of this Chapter would result in unreasonable deprivation of the use or enjoyment of the property. - 11 - 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 f:;:c~ of the Planning Commission, shall revoke any approved vvariance 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 1101 days prior to such hearing. The notice of hearing shall contain a statement of the specific reasons for revocation. (b) After the hearing, a ~yariance may be revoked by the Zoning Administrator, or by the Planning Commission on appeal or review, if any one of the fOllowing findings are made: (1) That the -vyariance was obtained by misrepresentation or fraud. - 12 - (2) That the use for which the Yyariance was granted has ceased or has been suspended for six 161 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~yariance shall be mailed to the property owner and the permit holder within ten ~101 days of such determination. SECTION 5. Sect10n 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 H filed within fourteen (14) consecutive calendar days of the date the decision is madeL in the manner provided in - 13 - Subchapter 10L, section 9132.1 through 9132.4~. SECTION 6. Section 9040.19 of the Santa Monica Municipal Code is amended to read as follows: section 9040.19. Buildinq 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 s ide yard provided all of the fOllowing- criteria are met: (a) The addition :Bdoes not exceed one-story and 12 i. feet in height~ (b) The addition -G'~ontinues the facade setback line of the existing structure. (c) The addition Bdoes not extend closer than four (4) feet to the side property line~ (d) The addi tion -Bdoes not exceed 12 15 feet in length parallel to the side property line. Tho non ee:-1:!~Y"~ing addi ti~:-1 .,..,~'t7 ..._~ .0""1. 'U".,."....... A _06.__"'''_ ..:....~- ......~........- ,..... .... -....- xequired ~c y~~d ~~t ~~t b~th. - 1~ - (e) The addition does not extend into both side yards. (e) (f) N~ ~~=~ t~=n one There bas been no prior 5.._1.. ............&..& addition ...- ...... th:J S...-- -.....-- ......L ""'''''''......10.(......... 'L.__ .......lAfWI .- _..-.....____.3 ..................u........ ...... _&.....--- LI.,L. ............. ...1.._ ............. 6tfgctiv~ ~g~~ cf t~i~ C~apter under this section. SECTION 7. Subchapter lOQ is added to Article 9, Chapter 1, the Santa Monica Municipal Code to read as follows: subchapter 102. Adjustments. section 9152.1 Purpose. An adjustment is int.ended 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 modi fications of lesser siqnificance than variations allowed by variance. Section 9152.2 Application. Application for an adjustment shall be filed in a manner consistent with the requirements contained in subchapter 10J, Section 9130.1 through 9130.6. - 15 - 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 nnm~er 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 - 16 - 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 comp1e~e, the zoning Administrator shall give notice of the application by mail, postaqe prepaid, to all owners and residential and commercial tenants of property within a radius of 100 feet from the ext.erior boundaries of the property involved in the application. For this purpose, t.he last known name and address of each property owner as contained in the records of t.he Los Angeles County Assessor shall be used. The address of the residential and commercial tenants shall be determined by visual si te inspection or ot.her 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 verifyinq that the list has been prepared - 17 - 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 addi tional informa tion may be recei veCl:.. 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 Pub1ic 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. It 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. - 18 - section 9152.6 Review and Findings. within fourteen (1~) consecutive calendar days following a public hearinq 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 findinqs of fact upon which such decision is based. The Zoni~q Administrator may approve an adjustment application in whole or in part, with or wi thout condi tions, if all of the fo11owinq findinqs are made: (a) There are special circumstances or exceptional characteristics applicable to the property inVOlved, including size, shape, topographY, location, or surroundinqs, 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 vieini ty and district in which the property is located. - 19 - (~) The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships. (4) The granting of an adjustment will not be contrary to nor in conflict wi th the qenera1 purposes and intent of this Chapter, nor to the goals, objectives, and policies of the General Plan. (eJ The adjustment would not impair the integrity and character of the district in which it is to be located. (f) The sub;ect site is physically suitable for the proposed adjustment. (9) 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 parkinq space requirements, the reduction is based and conditioned upon an approved parking reduction plan that incorporates transportation control measures that have been demonstrated to - 20 - be effective in reducinq parkinq 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 zoninq 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 - 21 - 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 qranted by the adjust.ment shall be effective only when exercised wi thin 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 t.ime limit may be extended by the Zoninq Administrator for qood cause for a period not to exceed six ~,i months upon writt.en 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, shall, 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 - 22 - 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 1t would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional ~ithout 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 City Attorney cbvartxt/hpc:df - 23 -