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SR-8C (6) ~G . ,..'\ -I P&Z:DKW:PMf\plan\share\pc\stIpt\ta93009 Planrung Comnussion Mtg: January 5, 1994 Santa Moruca. California TO The Honorable Planrnng Comrrnssion FROM Planning Staff SUBJECT T eX! Amendment 93-009 to Amend the Adjustment Section of the Zorung Ordmance and Reconsider Text Amendment 93-008 to Revise the Average Nanrral Grade, Incidental Food Service and Subsfuntlal Remodel DefirutlOJlS of the Zorung Ordmance Address: Citywide INTRODUCTION ActIon Text Amendment to the Adjustment SectIon of the Zoning Ordinance and revIew of revIsed Text Amendment to change the Average NatUral Grade, IncIdental Food Service, and SubstantIal Remodel Definitions of the Zoning Ordmance RecommendatIOn. Commission cllscussIon and recorrunendation of approval to the CIty Council of the recommended amendments set forth III Attachments A and B. Permit StreamhrnnQ EXDlration Date. None SlIT LOCATION AND DESCRIPTION The proposed Text Amendments would affect all propertIes ill the City Land Use District: All DIstricts (Citywide) All Land Use Districts Zorung DIstrIct. PROJECT D~CRIPTION On July 7, 1993 the Planmng Comnnssion consIdered Text Amendment 93-008, a comprehensive revIsion to the Definitions section of the Zorung Ordinance At that time, the Plarming Commission recommended approval of the Text Amendment with the condition that the defmitions for Average NatUral Grade, InCIdental Food Service, and Substantial Remodel return for finther dIscussion. The ConumssIOn then drrected staff to meet WIth a subcommittee of Planning ComrrusslOners to fwther discuss the Average Natural Grade, Incidental Food Service, and SubstantIal Remodel defimtions It is requested that the Planrung Commission revIew the subcomrmttee's recommendations on these defirutIons for incluslOn m the comprehensive Definitions Text Amendment. Dwmg the diSCUSSIOn of the SubstantIal Remodel definition, it was determined that there was a need for greater flexibilIty in retaining nonconforming setbacks for substantially remodelled 1 Mil- 082 ! ~ , structures Text Amendment 93~009 addresses tins Issue and would allow the Zoning Adrmrustrator the ability to grant an adJlblrJient for legal nonconfonnmg structures to retaIn nonconformmg setbacks \\hen substantIally remodelled The Plannmg ConurusslOn approved the Resolution of IntentiOn for Text Amendment 93-009 on December 1, 1993 The proposed Text Amendment 93-009 IS presented to the ComrmsslOn for recommendatiOn of adoption to the Citv CouncIl , MUNIOPAL CODE AND GENERAL PLAN CONFORMANCE The proposed Text Amendments are consistent WIth the Muruclpal Code and m conformity 'With the General Plan CEQA STAlUS The proposed Text Amendments IS categoncally exempt from the provisions of CEQA, pursuant to Class - 5(10) of the City of Santa Monica Guidelmes for Implementation of CEQA PUBUC NOTIFICA nON Because tins proposal IS not sIte-specific, no radius map. slgnage or rnailmg notificatIon is required Staff publtshed a legal notice m the Outlook for this heanng of the text amendments. ANAT_YSIS Boef descnptions of the rntlOnale of the proposed revIsions for Average Natural Grade, IncIdental Food Service and SubstantIal Remodel are provIded below The revised definitions are referenced m Attachment A which shows the eXlstmg code With proposed deletions in strike-out and proposed additions m bold Grade. A veraQe Natural The proposed definItion would change the required comer pomts for dett;HllilllIlg average natural grade from the four comers of the property to the comer pomts at the rear and front setbacks at the side property Imes. The intent of this revISion is to calculate average natural grade for the buildable area of the property. In additiOn, Average Natural Grade calculations may be penrntted to be performed on three equal portions of the property to allow the height of development to better follow the slope of the land Incidental Food Service The proposed definitIon would contmue to limit the size of an area devoted to mCl(lental food Service to less than 250 square feet and would also restrict the use to a maximum of 20 seats. mslde and outside In adchtlOn, the SIZe of the mCldental use relative to the pnnClpaI use would be restncted to no more than 33% of the pnmary use floor area. FmaIly, bamers to defme the seatmg area would be required and table SetVlce would be specifically prohibited ~d, 083 2 ... Substantial Remodel The subcomnuttee discussed proposmg a defmitlOn \\inch would reVIse the standard for "hat COnstItutes the demohtion of a ,"vall and reqwrements for alloWlIlg new additIOns to retam nonconforming setbacks Under one proposal, the demolitIOn of a ,"vall standard would allow the removal of both sides of a wall if the floor and wall frammg were retained and if a 4 foot or greater side setback exists and the removal of one Side of the wall would be penrutted 1f a 4 foot or less side setback area eXIsts from the exterior wall. Another concept was to allow new addJ.tions to retain nonoonfonning setbacks if the Floor Area RatiO of the property remamed constant and the entrre structure conformed to all other current code reqwrements The subcommittee rod not agree on the wall standard and new addition concepts. but did agree that amendmg the Adjusnnent Section of the Ordinance would provide the flexibdlty of retammg nonconforming setbacks intended ill the discU5Sion of these standards and requrrements for substantial remodels The recommended Adjustment Text Amendment (Attachment B) provides more flexibility in retaining nonconfonnmg setbacks for substantIally remodelled buildings Staff has othetWlse proposed to mamtam the onginal revtsed definitlOn as sho\\TI m Attachment A ConclUSIon The proposed Text Amendments are improvements to the Zoning Ordmance, clarifying defll1ltlOns and prOVldmg flexibilIty m allowing substantIally remodelled buildings to retain nonconfonning setbacks RECOMlvlENDA nON It IS recommended that the Planrung Commission recommend to the City CClUlCH adoption of the proposed Text Amendment 93-009 to amend the Adjustments SectIOn of the Zoning Ordinance as set forth in Attachment B and Text Amendment 93-008 \.Vith the proposed Average Natural Grade, InCidental Food Service and SubstantIal Remodel DefinitIons as set forth m Attachment A based on the foIJowmg findings FINDINGS I. The proposed Text Amendments are consistent m pnnclple with the goals, objectiVes, polIcies, land uses and programs specified in the adopted General Plan. in that the Zonmg Ordinance is the mecharusm to unplement the General Plan and it is therefore llllpOrtant the Zoning Ordinance provide clear explanation of frequently used terms and uses The proposed Text Amendments would allow adjustments for substantially remodelled buildmgs and clarifies terms that have been mterpreted dIfferently by City staff and the pubhc. 2 The pubhc health, safety. and general welfare requires adoptIOn of the proposed amendments, in that allowmg adjustments for substantially remodelled structures and clear defirutioIlS in the Zoning Ordmance are important m order to unplement the C1tYS goals and pohcies stated in the General Plan. The proposed Text Amendments allows the Zoning Admmistrator to grant adjustments for substantially remodelled buildings and provides greater clanfy m the Defirutions sectIOn of the ordinance ~ ,.. 0 8 4 3 .. Prepared by. Patnce McCartney, Associate Planner Attachments A ReViSed Defmitions for Average Natural Grade, incidental Food Service and SubstantIal Remodel of Text Amendment 93-008 B Adjustment Text Amendment 93-009 of the CIty of Santa Moruca ComprehensIve Land Use and Zoning Ordinance pm f. \plan\share\pc\strpt\ta93009 December 28, 1993 4 ~ ~.. C 8 5 .; 'II ATTACHMENT A RevIsed DefinItIOns for Text Amendment 93-008 Note' Deleted language is in strike out. new language in bold text 9.04.02 30 DefinitIons GrndP. Avenu!e Natural Qm8e. The average elevatIOn of the grOlUld level of the parcel surface in itS tiaturaI state as measured Hom the comers at the intersection of the rear and front setback lines (if any) with die side property lines of the parcel HmvByer, H1 ___L1I"'Io-t-'n...... ,,....+h ,..1~'1,o.l^__~f- .............:~+~ ;_ 'tho {"'\..,..o..n_ Dnw-I,. r-\;~,,*r"'I ""'To--'I.na ....o"'If'1.1'I'Y'!o1 ~rlo ~"""",.Il CC.l..........__"'.......... .....-... --.........."""1-'.........-........ t-'.I.'-"'J.............-.:JI ~J,. w,.I...... .......~. ... ......l..... ~1.1o.JI...,..._'l.U" .......-.Lot.&o..... ...~.............. ~.........."'" .................... ha..rr.o. +kL:!J. ron_..c::I. .,....on,.,..,.,n- "'01""1 t.+\...CI.I"'\......o+-~~1 ............,.,.rIn. 'I .1""-" "~,Io f'~.a..r"I....-af-~~nl " Avel!l(Je Nat1.D'al Grade '1'..... ......."" ,..".__..1.___ .A..&..I.~............o...,.,;r .....I-~.L_Ir,.'"""'""-L oa-..-...... ,,-,".L 0--""--, ......"""'"'.&.........I.~ .~. may be calculated on tI:aree equal segments of the pucel cl!'~ by dmving imaginmy lines at the inteJSeCtion of file rear and front setlDck lines (if any) with the side property lines at 113 increments of the depth of the parcel fmm the rear to the fmnt sethlcks connecting opposite parcel lines. Also see Grnde, Theoretical. Incidental Food SetVlce Any me of a buIlding. room. space or portion thereof where food andfor bevernges are -is sold at retail where less than 250 square feet (in tenor and extenor) IS utilIzed for on-SIte consumptIon of any food andIor beverage, mcludmg seatmg, counter space. or other eatmg arrangement, where the number of sea1s does not exceed 20 and 'wbere table service is not provided The seating area sball be defIned by fIXed baniers, such ~ full or putial walls, fencing, or plante1S. Such food seJVice mmt be incidentJI to and may not exceed 33010 of the Ooor area of a primmy permitted on-site me. SubstantIa] Remooel Do-........'nl 1""1." ~(\ -.or......OT'\-t "...... ...............~ ......f" +.....-. n'--+~.n..... "'I"'1V111n -... ~.........rnl . ........_........'--"................. _'-' 1-'-.........,.......... .......... ..................... "".L .......... -........"".&.......-... ............a.J "-"..L .L.............................. of ~() _~,...or"'II+ .I"'l.... ..,...............,n .n.f" r,.~................ ........~~ nf' n ,,*,--."""'1"'I"ItQ, r'I'I'I;"lI\.... _co ~""'''';'''''R ","!"nl1... ,.........l..................r ...,.,...... y.....L.....,."....I....L ......... ....I..n......._ '-'.... tJ_yyv.......L&.I.= ..I..I...""'...:1-..L...,........"'" ...,... W .........~"""'.'"......-- ..,-.......... ~ .......~.......b ...T-.........,. -.......&w.l~.I4..." beams, or gil"ders A submmtial remodel involves the removal, in whole or part, of a structure. A structure shall be deemed to have been sl.lbttaotially remodeled or demolished if at I~t 50% of the WHIIs: have been removed or rel~~ for any duration of time. A sul!itantially remodeled or demolished structure shall lose any legal, non-confomling st:atm which it may have had and may only be repaced or rebuilt if the entire stJucture is made to COnfOlDl to all cunent, applicable code mJUiremen1s, including, but no limited to, setlDcl<s, height, and pwking. In detennining whether a project is a sumtantial remodel, a wall or roof shall be deemed be demolished if it is reduced to only its sUW0l1ing membets; i.e., existing p1a'iter; wallboard, electrical, phnnbing or other such elements are RlOOved on both sides of the wall, and only framing or structurnI members remain. A wall or other building element shall be deemed to have been demolished if it is necessary to replace the struct.uml memhets due to termite, fire or water damage, cbymt, or other such factors. 1be replacement or IOOdificatiOD of windows and/or doors shall oot constitute demolition provided the skin of at leMt one side of the adjacent wall surface remaim intact 5 W. 086 ATIACHMENT B Adll5tment Text Amendment 93-009 of the CIty of Santa Maruca ComnrehenslVe Land Use and ZorunQ Ordinance - - Santa Maruca Municipal Code Section 9 04.20.34 030 (g) is proposed to read as follows. (g) Allow a budding to retaIn noncontonrung setbacks when SUbstantIally remodelled l!lIr.. 087 6