SR-8-B (43)
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jAI't 1 4 \99.1
Santa Monica, California
CA:RMM:rnd1407/hpca1/pc
city council Meeting 1-14-92
STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Ordinance Amending sections 9113.1, 9113.3,
9113.5, 9113.7, 9113.8, and 9040.19 of the
Santa Monica Municipal Code and Adding Subchapter
lOQ to Article 9, Chapter 1 of the Santa Monica
Mun1cipal Code Relating to Variance Procedures,
Adjustment Procedures, and Building Additions into
Required Side Yards
At its meeting on December 17, 1991, the city council
introduced for first reading an ordinance amending various
Sections of the Municipal Code and adding a new Subchapter 10Q to
Chapter 1 of Article 9 of the Municipal Code relating to variance
procedures, adjustment procedures, and building additions into
required side yards. The ordinance is now presented to the city
council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
J~l:~
CA:RMM:CB:cbvartx2jhpcjpc
City Councll Meetlng 1-14-92 Santa Monica, California
ORDINANCE NO. l6l2(CCS)
(City council Serles)
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 lOQ 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 hearlng on proposed text amendments to
Subchapter IDE of the Zonlng Ordinance regarding modlfications to
the variance procedure and certain miscellaneous clariflcations
to the language of the Subchapter; and
WHEREAS, the Planning Commlssion recommended that the
Counc~l approve the amendments as modlfled by the Planning
commission; and
WHEREAS,
the city council finds that the proposed
amendments
are
consistent
~n principle
with the
goals,
objectlves, pol~cles, lands uses, and programs specified in the
adopted General Plan, in that the amendments do not change the
intent of Subchapter IDE but rather provlde greater flexibility
to modify, where approprlate, development regulations through the
varlance procedure, as well as clarify certain language in the
Subchapter; and
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WHEREAS, the city Counc~l finds that the publl.c health,
safety, and general welfare require the adoption of the proposed
amendments, ln that the Zonl.ng Ordinance adopted l.n September
1988 unduly restricts the varl.ance procedure and does not provide
adequate flexl.bility 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 commissl.on conducted
a public hearing on the proposed text amendment to section
9040.19 to increase allowable additions to existing buildings
with non-conforrnl.ng sl.de yard setbacks in residentlal dlstricts;
and
WHEREAS, the Planning commission recommended that the
Councl.l approve the amendments; and
WHEREAS, the City Council finds that the proposed
amendments are consistent l.n princl.ple Wl.th the goals,
objectives, policies, lands uses, and programs speclfied in the
adopted General Plan, l.n that the amendments wl1l allow
reasonably sized building additions that are stl.l1 1n 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 resident1al
structures; and
WHEREAS, on July 24, 1991 the Plannl.ng Commission conducted
a pUblic hear1ng on a proposed text amendment to add Subchapter
10Q to the Zoning ordinance, thereby creating an adjustment
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procedure to allow the city to consider certain minor exceptlons
to development regulations of the Zoning Ordinance; and
WHEREAS, the Planning commission recommended that the
Council approve the amendment; and
WHEREAS, the city Counell finds that the proposed amendment
lS consistent in principle with the goals, objectives, policies,
land uses, and programs specified in the adopted General Plan, in
that the amendment provldes the process to expedltiously review
minor adjustments to speclfic zoning Ordinance development
regulatlons; and
WHEREAS, the Clty Councll finds that the public health,
safety, and general welfare require the adoption of the proposed
amendment to allow a process, simllar to the variance procedure,
by which the City may conslder mlnor adjustments to Zoning
Ordinance development regulations and which provides for public
revlew, 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 Monlca Municipal
Code is amended to read as follows:
Section 9113.1 Purpose. A
variance is intended to allow varlations
where practical dlfficultles, unnecessary
hardshlps or results lnconslstent with
the general purpose of this Chapter would
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occur from its str~ct
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.
(c) 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) Non-rectilinear parcels
or rectangular parcels on which parallel
property lines dIffer In length a minimum
of five feet.
(3) Parcels with a 12.5 foot
grade dIfferentIal or more, as measured
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from elther any pOlnt on the front parcel
1 ine to any p01nt on the rear parcel
line, or from any point on a side parcel
llne to any p01nt on the opposlng side
parcel llne.
(4) Additions to the same
floor of an existing build1ng Wh1Ch 1S
non-conformlng as to yard setbacks, where
such add1 tion follows the line of the
exist1ng building but in no case is
closer than four feet to a property line.
(e) For projects to state dens1ty
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
~n parcel coverage for state denslty
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 limlts by no more than
five (5) feet in one of the followlng
situations:
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(1) If a parcel has a grade
dlfferentlal of 12.5 feet or more, as
~easured 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
opposlng side parcel line.
(2) To allow an addition to
an eXlsting structure that lS legally
non-conforming as to height provlded the
addltion does not exceed the height line
of the eXlsting bUlld1ng.
(g) Allow an addition to an
eXlsting bUllding that is legally
non-conformlng as to height prov~ded all
of the following crlteria are met:
( 1) The addi tion does not
exceed the height line of the existlng
building.
(2) The addltion 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
footprlnt of the bUllding.
(4) The addition does not
increase the dens i ty or number of
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lnhabltants or lncrease the intensity of
use of the bUlldlng.
(5) The addition otherwise
conforms to the regulations of the
district In WhlCh it is located.
alternative
(6) There
method
is no feasible
of attainlng the
deSlred use.
adverse
(7) There is no
impact to adjacent
substantial
buildings,
existlng streetscape, pr~vacy, nor
signlficant lncreases 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
follow~ng cr~teria are met:
(1) The lot is less than 100
feet ln depth.
(2) The on site use lS a
slngle-family dwelling.
(3) No alley access 15
available to the slte.
(i) Allow the modlficatlon of the
side yard setback for prlmary windows 1n
the OP-2/ OP-3, and OP-4 Districts when
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the imposition of the required setback
would severely constraln development on
the proJect, an alternatlve setback would
stll1 satlsfy prlvate open space
requlrements, and maintaln privacy for
the occupants of the project.
SECTION 3.
Section 9113.5 of the Santa Monlca Municipal
Code is amended to read as follows:
Sectlon 9113.5 Findings.
Followlng 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 Commlssion on appeal, may
approve a varl.ance application in whole
or in part, with or without conditions,
provided all of the following fl.ndings of
fact are made:
(a) There are special
Clrcumstances or exceptional
characterlstics applicable to the
property involved, including size, shape,
topography, location, or surroundings, or
to the intended use or development of the
property that do not apply to other
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propertles ln the vicinlty under an
ldentical zonlng classlfication.
(b) The granting of such varlance
wlll not be detrimental nor injurious to
the property or improvements in the
general vicinity and district in WhlCh
the property is located.
(c) The strict applicatlon of the
prOV1Slons of thlS Chapter would result
ln practical difficulties or unnecessary
hardshlps, not inclUding economic
difficulties or economic hardships.
(d) The granting of a variance
will not be contrary to or ln confllct
wlth the general purposes and intent of
thls Chapter, nor to the goals,
obJectives, and policies of the General
Plan.
(e) The varlance would not lmpair
the integrity and character of the
district ln WhlCh lt is to be located.
(f) The subJect site lS physlcally
suitable for the proposed variance.
(g) There are adequate provisions
for water, sanitation, and public
utlllties and serVlces to ensure that the
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proposed var~ance 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 1.S based and conditioned
upon an approved parking reduction plan
that 1.ncorporates transportation control
measures that have been demonstrated to
be effective in reducing parking needs
and that are monitored, periodically
rev1.ewed for contl.nued effect~veness, 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
convenlence or welfare and are not in
conflict with the General Plan and where
the grantlng of the variance will not be
materially detrimental nor injurious to
property or improvements in the general
ViCl.nl ty and dlstrict l.n which the
property is located.
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(k) The strict application of the
provlsions of thlS Chapter would result
In unreasonable deprivation of the use or
enJoyment of the property.
SECTION 4. Sectlon 9113.7 of the Santa Monica Municipal
Code is amended to read as follows:
Sectlon 9113.7 Revocation. The
Zonlng Admlnistrator may, in hlS or her
own dlscretion, 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 Zonlng Admlnistrator. Not1ce
of the hearlng shall be published once ln
a newspaper of general circulation withln
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 speciflc
reasons for revocation.
(b) After the hear~ng, a variance
may be revoked by the Zoning
Administrator, or by the Planning
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commissl.on on appeal or reVl.ew, if any
one of the following findings are made:
(1) That the variance was
obtained by ml.srepresentation 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
perml. t granted l.S being or has recently
been exercised contrary to the terms of
the approval or in violation of a
speclflc statute, ordlnance, law or
regulatl.on.
(c) A written determination of
revocation of a variance shall be mailed
to the property owner
holder wlthin 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, condltions of approval, denial,
or revocation of a variance may be
appealed to the Planning Commisslon
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wlthln fourteen (14) consecutive calendar
days of the date the declsion is made, in
the manner provlded 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. BUllding
Addltions Extending Into Required Side
Yard. In all resldential districts, an
addition to an eXlsting bUllding that has
a non-conforming side yard may also
extend into the requlred s ide yard
prov1ded all of the following criteria
are met:
(a) The addi tlon does not exceed
one-story and 14 feet In helght.
(b) The addition continues the
facade setback line of the eXlsting
structure.
(c) The addltion 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 51-de
property line.
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(e) The addit~on does not extend
~nto both side yards.
(f) There has been no prlor
addltion under this section.
SECTION 7. Subchapter 10Q is added to Artlcle 9, Chapter
I, the Santa Monica Munic~pal Code to read as follows:
subchapter 10Q. Adjustments.
section 9152.1 purpose. An
adJustment is intended to permit mlnor
variations where practical difficulties,
unnecessary hardships or results
inconsistent wlth the general purpose of
this Chapter would occur from its strict
Ilteral lnterpretation and enforcement.
Adjustments are modifications of lesser
slgniflcance than variations allowed by
variance.
Section 9152.2 Applicat~on.
Application for an adjustment shall be
filed in a manner consistent with the
requirements contained in Subchapter lOJ,
Sectlon 9130.1 through 9130.6.
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section 9152.3 Applicabillty. The
Zoning Administrator may grant an
adjustment from the requirements of thls
Chapter to:
(a) Allow modification of parcel
coverage regulations by up to five (5)
per cent of the total lot area for
additlons to eXlsting structures.
(b) Allow modiflcation of the
number of required parking spaces by up
to one ( 1) per cent of the number of
requlred spaces.
(c) Allow the modlflcation of
fence heights by up to one (1) foot.
(d) Allow the modification of slde
yard setback requlrements 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
buildlng heights by up to six (6) inches
on parcels which have a grade
dlfferential of five (5) feet or more, as
measured from elther any pOlnt on the
front parcel line to any point on the
rear parcel line, or from any point on a
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s~de parcel l~ne to any point on the
opposing side parcel line.
section 9152.4 Notice of
Applicatlon.
(a) Within fourteen (14)
consecutlve calendar days after
determ~nation that an applicatlon is
complete, the Zon~ng Administrator shall
give notice of the applicat~on by mall,
postage prepaid, to all owners and
residential and commercial tenants of
property w~thin a radius of 100 feet from
the exter~or boundar~es of the property
invol ved in the application. For this
purpose, the last known name and address
of each property owner as conta1ned in
the records of the Los Angeles County
Assessor shall be used. The address of
the res~dential and commerclal tenants
shall be determ~ned by v~sual site
~nspection or other reasonably accurate
means. The applicant shall prov~de a
l~st of property owners and tenants
within the prescribed area of
notificatlon and shall sign an affidavit
verlfying that the list has been prepared
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in accordance with the procedure outlined
ln this Section.
(b) All notices of an appllcation
for an adJustment shall state the nature
of the request, the location of the
property, and the manner in which
additional lnformatlon may be received.
The notice shall also state that the
deadline in which to request a public
hearing is fourteen (14) days from the
maillng 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, wi thin
fourteen (14) consecutive calendar days
after the date of the notice, request
that a publlC hearing be conducted. Such
request must be in writing and received
by the Zonlng Admlnlstrator wi thin the
tlme indlcated. If a request is tlmely
made, a publlC hearing shall be held
withln forty-five (45) consecutive
calendar days of receipt of the request.
Notlce of such hearing shall be given ln
the manner provided in Section 9152.4.
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section
9152.6
Review
and
Findings. With~n fourteen (14)
consecutive calendar days followlng a
publ~c hearing or exp~ration of the time
in which to request a hearing pursuant to
Sect~on 9152.5, the Zoning Administrator
shall prepare a written decision which
shall conta~n the findJ.ngs of fact upon
WhlCh such decJ.sion lS based. The Zoning
Adminlstrator may approve an adjustment
application in whole or in part, with or
wi thout condi tlons, if all of the
following fJ.ndings are made:
(a) There are
circumstances
characteristics
or
applicable
special
exceptional
to the
property involved, J.ncluding 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 vlclnity under an
identJ.cal zoning classification.
(b) The grant~ng of such
adjustment wlll not be detrimental nor
injurious to the property or lmprovements
in the general vlcinity and district in
which the property is located.
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(c) The strict appl~cation of the
provlsions of this Chapter would result
ln practical diff1culties or unnecessary
hardships, not 1ncluding economic
difficulties or economic hardships.
(d) The granting of an adjustment
wll1 not be contrary to nor 1n conflict
with the general purposes and intent of
this Chapter, nor to the goals,
objectives, and policles of the General
Plan.
(e) The adjustment would not
impa1r the integrity and character of the
distr1ct in which lt 1S to be located.
(f) The subject site is physically
suitable for the proposed adjustment.
(g) There are adequate prov1sions
for water, sanitation, and public
utllities and serVlces 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 lS based and conditioned
upon an approved parking reductlon plan
that incorporates transportatlon control
measures that have been demonstrated to
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be effective ~n reducing parking needs
and that are monitored, periodically
reviewed for cont1nued effectiveness, and
in
enforced by the City as contained
section 9044.5 of thlS Chapter.
(i) All the above
requirements
adjustments
Adminlstrator
need
which
finds
not
speclfied
apply to
the Zoning
essential or
are
desirable to the publIC convenience or
welfare and are not in conflict wlth the
General Plan and where the granting of
the adJustment will not be materlally
detrlmental nor lnjurlous to property or
lrnprovements In the general viClnlty and
district In which the property is
located.
(J) The strict applicatlon of the
provlsions 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 revocatlon of an adjustment may be
appealed to the Planning commission
wlthin fourteen (14) consecutive calendar
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.
days of the date the dec~s~on is made, in
the manner provided ln Subchapter 10L,
Sectlon 9132.1 through 9132.5.
section 9152.8
Commencement of
Use. The rights granted by the
adjustment shall be effective only when
exercised wi thin the period established
as a conditlon of grantlng the adjustment
or I ln the absence of such established
tlme perlod, one year from the date that
the permit becomes effective. ThlS time
limit may be extended by the Zoning
Admlnistrator for good cause for a period
not to exceed SlX (6) months upon wrltten
request by the applicant.
Section 9152.9 Revocatlon. The
Zoning Administrator may, in his or her
own discretion, or upon dlrection from
the Plannlng commlssion, revoke any
approved adJustment in accordance wlth
the procedures set forth ln Section
9113.7.
SECTION 8. Any provislon of the Santa Monica Municipal
Code or appendices thereto lnconsistent with the provisions of
this Ordinance I to the extent of such inconsistencies and no
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further, are hereby repealed or modifled to that extent necessary
to effect the provlslons of this Ordlnance.
SECTION 9.
If any section, subsection, sentence, clause,
or phrase of this Ordinance lS for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurlsdiction, such declsion shall not effect the validity of the
remalning portions of this Ordlnance.
The city Council hereby
declares that lt would have passed this Ordinance, and each and
every sectlon, subsectlon, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently lnvalid or
unconstitutlonal.
SECTION 10. The Mayor shall sign and the city Clerk shall
attest to the passage of thlS Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within fifteen (15) days after its adoptlon.
This Ordinance
shall become effective upon adoption.
APPROVED AS TO FORM:
~~.~
ROBERT M. MYERS
city Attorney
cbvartxtjhpc:df
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..
Adopted and approved th~s 14th day of January, 1992.
. ~ -- ~"\
(:~~
I - \ Mayor
I hereby certify that the foregoing Ordinance No. l612(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:
. ~ ~ - ~0;~
~~ Vo/
'~ City Clerk '