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SR-8-B (43) , ~ ~-B 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 - I - 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 - 2 - ~ 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 - 3 - ~ 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 - 4 - ~ 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: - 5 - (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 - 6 - 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 - 7 - 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 - 8 - 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 - 9 - 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. - 10 - (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 - 11 - 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 - 12 - 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. - 13 - (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. - 14 - 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 - 15 - 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 - 16 - 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. - 17 - 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. - 18 - (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 - 19 - 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 - 20 - . 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 - 21 - 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 - 22 - .. 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 '