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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
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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
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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
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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
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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
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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
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ATIACHMENT B
Adll5tment Text Amendment 93-009
of the CIty of Santa Maruca
ComnrehenslVe Land Use and ZorunQ Ordinance
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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
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