SR-8-F (5)LUTM:PB:DKW:SVL: /ta00693.pcword.plan
Council Mtq: July 27, I.993
TO: Mayar and City Counci~
FR~M: City Staff
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Santa Monica, California
SUBJECT: Text Amendment 93-006 to Create Developmant Standards
for Upsloping Lots in the OP2 District and to Provide
New Standards for Existing Residential. Praperties
Throughout the City tvith Basements and Crawl Spaces
that Exceed Three Feet Abave Average Natural Grade or
Theoretical Grade.
Introduction
This report recoYnmends that the City Caunail adopt Text Amendment
93-00& to amend de~elapmant standards in the OP2 District and
provide new atandards for existing residential properties
throughout the City with basements and crawl spaces that exceed
three feet above average natural grade or theoretical grade. On
June 2, 1993, the Planning Commission vated 5-0 on a ntotion to
recommend approval af the proposed Text Amendment by the City
Council.
Project Description
The praposed Text Amendment affects properties in the OP2 Ocean
Park Low Multipie Residentia~ District which are upsloping rela-
~ive to the street frontage, and exis~ing r~sidential properties
throughout the City with basements and craw~ spaces that exceed
three feet above average natural or theoretical grade.
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The proposed Zoning Ordinance Text Amendment modifies SMMC Sec-
tion 9.44.08.50.050, changing the methadology used far calculat-
ing theoretical grade and the height of b~ilaings reZative to
theoretical grade and modifies SMMC Section 9.04.20.10.030(g)
providing criteria for the granting of a height variance for a
spec~fied class of existing structures with certain findings.
The praposed ordinance is cantained in Attachment A.
Planning Commission Action and Discussion
At the June 2, 1993 public hea~ing of the Planning Commission,
the f~ve Commissioners present vo~ed unanimously to recommend
City Council approval of the praposed Text Amendment as recouunen-
ded by staff. No changes to the ordinances were made by the
Commission.
Proposed Text Axnendment
This proposad Taxt Amendment replaces an interim ordinance which
has been in use since May, i991. Presently, the method for cal-
culating height in the OP2 Distriat for upsloping lots is set
farth in Ordinanca 1673 (CCS).
SNiNIC Sectian 9.04.08.5D.064 (a), governing Property Developmen~
standards in the OP-2 Ocean Park Low Multiple Residential Dis-
trict, is propased tv contain the fallowing changes (bo~d indi-
cates new texty:
(a) Maximum Building Height. Two stories, not ta ex-
ceed 23 feet for a fZat raof, or 30 feet for a pitched
roof. A pitched raof is dePined as a roof with at
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least two sides having no less than one faot of verti-
cal rise for every thre~ feat vf hori~onta~ run. The
walls af the building may not exceed the maximum height
required fcr a flat roof. Howevsr, on ups~opinq par-
cels whers the change in eievation is 10 feet or
qreater from the finished surface o~ the aidewalk adja-
ceat to the property iine to the building line at tha
require~ rearyard setback, maximum allowable heiqht for
struature~ shall conform ta tbe ~ollowinq:
(i) One story 14 feet in height tinciudinq parapets
aad rails~ for the ~irst i5 fest o~ horizaritai distance
on the parcel measured from the front parael line.
Maximum permitted height shall be measured vertically
from the edqe af the existinq sidewalk closest to the
front parcel line and then running horizontalZy alonq a
line parallel to the theoretical grade of the parcel.
{2) Two ~ataries 18 feet for a flat racf and 23 feet for
n pitched roof (inalud~nq parapets and railinqs) ~or
that portion of the structure lacated betmeen 15.i feet
and 30 feet measured back fram the front parcel line.
Maximum permitted height sha1.1 be measured vertically
from the edqe of the existing sidewalk clasest to the
front parcel line and then runninq horizontally alonq a
line paralle~ to the theoretical grade of the parcel to
a dfstance o~ 3G ~eet fram the front parcel ~ine.
(3) The maximum perniitted height for s~ructures beyond
30 feet from the front parcel line sha1Z be two stories
23 feet for a flat raof or 30 feet for structures grith
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a pitched roo~. Maximum permitted heiqht shall be mea~
~ured vertically from the edge of the existing si~ewalk
cZosest to the front parce~ line and then running
horizontally alonq a line paral~el to the thearetical
grade of the paroel to the rear property line.
(4) The finiahed qrade sha11 be n~ mare than three fest
below or above tha theoret~cal grade line at mny goint
adjacent ta a buiiding if excavation accurs. An open-
inq to a garage may remain egcavated.
(5} Any portion of a building more than three fes~
above the theoretical qrade shall be caunted as a
story. The first stary of a structure shall be deter-
mined as the partion of the structure closest to the
tront property line that exten8s mora than thre~ leet
above the ~heoretioal grade.
(6) No partion of any struature ~hall excee~ the maxi-
mum allowab~e heiqht or permitted number vf staries.
The proposed Text Amendment alters the followinq sectians of the
interim ordinance:
Interim ordinance:
(1) On upslaping parcels where the change in elevation
from front to rear is 10 fee~ or greater, maximum allow-
able height for structures shall canform to tha following:
Proposed Text Amendment language:
(].} On ups~oping parcels where the change in elevatian is
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lo feet or greater from the finished surface of the side-
walk adjacent to the property line to the building line at
the required rearyar8 setback, maximum allowabie height
for structures shall conform to the following:
The revised language addresses slape changes within the area
where the building may be canstructed. Staff believes this al-
lows for a consistent appZication of the standard regardless of
the lot depth. Within the OP2 geographic area, iot sizes vary in
length from 100 ta 160 ft. If a change in slope ia located in an
unbuildable area, such as the rearyard setbaok, then impositian
of this formuZa see~s inappropriate. The for~ula wauld require
the stepping of height of the building on what is a Flat portion
of the iot.
The proposed Text Amendment a~so varies fram the Interim ar-
dinance in language as follaws:
Interim ~rdinance:
{d} The natural grade existing on the parcel, priar to any
new constructian, shali be retu~ned to its original state
if excavation accurs. An op~ning to a garage may remain
excavated.
Propased Text Amendment language:
(d) The finished qrade shal~ be na more than three feet
below or above the theoretiaal grade Iine at any point
adjacent ta a building if excavation occurs. An opening
to a garage may remain excavated.
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Staff believes that the intent a£ the ordinance is ta return soil
that has been excavated so that the pe~ceptian of mass is mini-
mized. Use of the term "finished grade", and ailowing flexibili-
ty in finished g~ade will permit structural engineering of a
slope so that appropriate drainage away fro~ the building and
slopes may be achieved while the intent of the ordinance is still
met. For example, an uneven alope which m~ght drain into the
basement section of an excavated slope could be graded to an even
slope ta prevent filling of the basement.
The following sectian af the interim ordinance has been omitted:
The project complies with Seatian 9.a4.10.02.170 af the
Santa Menica Municipal Code except that parcels having a
width of 50 feet or greater shall provide an u~excavated
area equal to faur feet in width along the entire Iength
of one af the side property iines and an unexcavated area
equal to two feet six inahes in width along the entire
length of the other side property line. Parcels in excess
of 70 feet in width, sha~l provide an unexcavated area of
at least four feet in width aiong the entfre ~.ength af
both s~de yards.
This particular s~ction of the cade is being amended in a sepa-
rate Text Amendment on unexcavated yards.
Staff and the Planning Commissian recommend a n~w prov~sion of
the variance section of the code for additions to existing build-
ings that have basements or crawl spaces which are mare than
three feet above grade. This amendment wou~d address a p~oblem
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frequently encountered by building designers and staff when con-
sidering additions to older homes.
The fallowing criteria is recommended:
SMMC Section 9.fl4.20,10.030, governing requirements for request-
ing a variance, is proposed to contain the following additions:
9,04.24.10.030 Applicability.
The Zoning Administrator may grant a variance fram the
requirements of this Chapter to:
(j) Allow an additionai story which ~rould otherwiss not be
parmitted ~ar an axisting residential struature pravided
aii of the followinq criteria are mat:
(1) The existinq structure has a finished first floor
level that is mvre than three feet but no mare than six
feet above averaqe natural qrade or theoretical grade.
{2) The street frantage and overall massing are com-
patible with the existing saale and neighborhood
GGIlt@Xt.
(3) The addition does nnt en].arge tha first fZoar of
the existinq residence such that a aon-conforminq aon-
8ition is expaaded.
(4) The overall height of the struature with the addi-
tioaal story doe~ not exaeed the height limit in fee~
of ~he zoninq distriat in which it is located.
(5) The addition othe]~wise conforms to the requia~ions
af the distriot in which it is lccated.
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CEQA Status
The proposed Text Amendment is ca~egorically exe~pt from th~ pro-
visions of the California Environmental Quality Act pursuant to
Class 5(10) of the City of Santa Monica Guidelines for the Im-
plementation of CEQA,
General Plan Canformance
The proposed Text Amendment is consistent with the General Pian
Objective 1.10 to "expand the apportunity far residential Iand
use while protecting the scale and character of existing neigh-
borhoods" in that the praposa~ wauZd prevent the con~tructfon of
incompatible buildings on sloping parcels, thereby preventing
deve~opment inconsistent with existing land uses and the general
character af the OP2 District. Furthermore, the pul~lia health,
safety, and general welfare of the City is protected by a~lowing
develapment of property in the OP2 District withaut signifiaantly
impacting the light and air of ~djacent properties, and address-
ing excavation of hilYsides and restoration of excavated soils,
The Variance a~endment is consistent with the General Plan Qb7ec-
tive 1.Z0 as stated aboae, in that the praposal would al~ow addi-
tions to existing buildings that are naw prohibited due to ona or
more circumstances such as finished floor elevations above three
feet, or sloping lots that create unusable vaids, and would allow
development that would be consistent with existing land us~s and
the general character af the neighborhood. Furthermore, the
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public health, sa~ety, and genera~ welfare of the City is pro-
tect~d by allowing discretianary deve~opment of certain proper-
ties withaut significantly impacting the light and air of adja-
cent praperties.
Canclusion
The praposed Text Amendments are an improvement of the Zoning
Ordinance, are consistent with the objectives of the General Plan
and, therefore, warrant approval. Staff believes the recommended
changes c~arify the intention of the original interim azdinance,
and allow staff a consistent standard to use regardless of lot
depth.
PUBLIC NQTIFICATION
Because this proposal is not site-specific, no radius map, sig-
nage or mailing notification is required. A legal notice was
published in the Outlook and staff has notified the Neighl3orhood
Support Center of the propased Text Amendment. A copy of the
legal notice is contain~d in Attachment B.
BUDGETIFINANCIAL IMPACT
The recommendation presented in this report does nat have any
budg~t ar fiscal impact.
RECOMMENDATI~N
It is respectfully recommended tha~ ~he City Council approve Text
Amendment 93-006 based on the fallowing findings:
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FrNDrNGs
1. The praposed Text Amendments are consistent in principal
with the gaals, objectives, policies, land uses, and pro-
grams specified in the adopt~d General Plan, in that they
are cansistent with Land Use and Circulation Element Ob-
3ective 1.10, which states that the City should expand the
apportunity for residential land use while protectinq the
scale and character of residential neighborhoods.
2. The public health, safety, and general welfare requires
the ad~ptfon of the propased amendments, fn that the
amendments require good land development by maintenance of
hillsides and providing for good engineering practice and
praviding for the enhancement of the aesthetic appearance
of development in the OP2 District of the City by es-
tablishing standards for quality, quantity, and ~unctiana~
aspects of design, grading and drainage of hillside
developmant consistent with Architectural Raview Board
Guidelines. The proposed variance amendment requires dis-
cretionary review of existing residences, eatablishing
criteria far development af these struetures with~n strict
guidelines that provide £or the enhancement of the aes-
thetic appearance of the develop~ent.
Prepared by: n. Kenyon webster, Planning Manager
Stephanie V. Landregan, Planning Technician
Planning Divisian
Land Use and Transportation Management Department
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ATTACHMENTS:
A. Ordinance Implementing proposed Text Amendment
B, Public Notice
C. P~anning Commission staff Report
D. Planning Cammission Statement af Official Action
SVL
PC/ta00693
07/21/93
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AT~'AC1~IM~IITT A
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CA:MHS:opup\wp\pc Santa Monica, California
City Council Meeting 7--27-93
QRDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY CDUNCIL
OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 9.04.U8.54.a6U REGARDING HEIGHT ON
UPSLOPING PARCELS IN THE OP2 Z~N~NG D~STRICT,
AND SECTION 9.04.20.10.030 REGARDING VARIANCES
T~ PERMIT AN ADDITIONAL STORY FOR STRUCTURES
MEETING SPECIFIED CRITERIA
WHEREAS, the Planning Commission of the City af Santa Monica
held a public hearing on June 2, 1993 and recammended that the City
C~uncil amend the Santa Monica Municipal Code to change height
requirements and the method for ca~culating height in the OP2
District for upsloping lots; and that ~he City C~uncil amend the
Municipal Code to permit a height variance ta be obtained for a
specified class af existing structures; and
WHEREAS, the City Council held a duly noticed public hearing
an the proposed amendments on July 27, 1993 and find5 that the
praposed text amendments are cansistent in principle with the
goals, objectives, po~icies, land uses, and pragrams specified in
the adopted General Plan, in that they are cansistent with Land
Use and Circulation Element ~bjective 1.20, which states that the
City should expand the opportunity for residential land use while
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protectinq the scale and character of residential neighborhoods;
and that the public health, saf~ty, and general welfare requires
the adoption of the pr~posed amendm~nts, in that the amendm~nts
require good land development by maintena~ce of hillsides and
providing for sound engineering practice and providing for the
enhance~ent of the aesthetic appearance of devel~pment in the OP2
District of the City by establishing standards for quality,
quantity, and functional aspects of design, grading and drainage of
hillside development;
NOW, THEREFORE, THE CITX COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica MunicipaZ C~de Section 9.04.08.50.460
is amended to read as foll~ws:
9.04.08.5Q.06Q Progerty development
standards.
All property in tha OP-2 District shall
be developed in accordance with the following
standards:
(a) Maximwn Buildinq Heiqht. Two
stories, not to exceed 23 feet for a flat
roof, ar 30 feet for a pitched roof. A
pitched roof is defined as a roof with at
least two sides having no less than one foot
af vertical rise for e~ery three feet of
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horizontal run. The wa33s of the building may
not exceed the maximum height r~quired for a
flat roof. However, on upslopinq parcels
where the chanqe in e~evatian is 1D feet or
qreater from the finished surface of the
sidewalk adjacent to the praperty line to the
buiiding line at the required rearya-rd
setback, max~mum allowable heiqht for
struatures shal~ COAf01'111 to the ~ollowinq:
[3) One story 14 feet in height
(including parapets and rails) for the first
iS feet af hora.zontal distance on the parcel
measured from the frcr~t parcel line. Masimum
permitted heiqht shall be measured vertically
from the edge of the existing sidewalk closest
~o the front parael line and then running
harizantally alang a line parallel ta the
theoretical grade of tl~e parael.
{x} Two stories 18 feet for a flat
raaf and 23 feet for a pitched roof ( includinq
parapets and railinqs) for that portion of the
structure lacated bet~reen 15.1 feet and 30
~eet measured back fram the front parcel line.
Maximt~ psrmitted h@ight shall be measured
verticaily fram the edge of the existing
sidewaik ciose~t to the front parcei line ~nd
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then runninq horiso~tal~y ~long a lina
paralle3 to tha theoretiaal grade of the
parcel to a distanoe of 30 feet from the frant
parcel liae.
(3} The maximum permitted heiqht
for structures beyond 3o fest from the front
parcel line shall be ttro atories 23 feet for a
flat roof or 30 feet for structures v~rith a
pitched roof. Maximum permi.tted heiqht shall
be measurea vertically from the edqe af the
existinq sid@walk closest to the front parcel
Iine and then runninq horizontally along a
liae parallel to tha theoretiCal grad~ of the
parcel to the rear property line.
(4) The finished qrade shall be no
more than three feet below or abave the
theoretical qrade lina at any point adjacent
to a building if excavation occurs, An
opening ta a qarage may remain unexcavated.
{5) Any portian of a buildinq more
than three feet above the theoretiaa~ grade
shall be counted as a stary. The first story
of a s~ructure shall be determined as the
portion of the struature closest to the front
property line that extends more than three
feet abave the theoratica~ qrade.
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(6) No portion of any structure
shall esceed the ~aximum allowable heiqht or
permitted nl~m~er of stories.
(b} Maximum unit ~ensity. one dwelling
unit for each 2,000 square feet of lot area.
An additional unit shall be allowed if excess
lot area equals or exceeds 1,fl00 square feet,
after calculating the allowed number of units
at 2,000 square feet of lot area per unit.
The density on lots consolidated after the
effective date of this Chapter with a tota~
square faotage greater than 10,000 square feet
or axceeding a combined street frontage of 1D0
feet shall be one dwelling unit for each 2,500
square feet of cambined lat area, except where
100~ of the praposed units are deed rastrictad
for very law, low, middle, and/or moderate
income housing, in which case the density
shall be one unit for each 2,000 square feet
of lot area. No more than one dwelling unit
shall be permitted on a lat 4,000 square feet
or less in size.
(c) Maximum Lot Coveraqe, 50 percent.
60~ for develapment projects which camply with
the densa.ty af bonus provisions of priar cade
Section 90~47.3.
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(d) Minimum Lot Size. 5,000 square
feet. Each lot shall contain a minimum depth
of 100 feet and a minimum width of 50 feet,
except that lots existing on the effective
date of this Chapter shall not be subject to
this requirement.
(e) Front Yard 8etback. 20 feet or 15
feet if the average setback af adjacent
dwelling(s) is 15 feet or less. A one-story,
covered flr uncoverad parch, open on 3 sides
may encroach 6 feet inta a front yard with a
20 feet setback, if the raof does not exceed a
height of 14 feet and the porch width does not
exceed 4D; of the building width at the front
of the building.
(f) Rear Yard Setback. 15 feet.
(g} Side Yard Setback.
(1} The side yard setback for that
portian of a building with a secondary windaw,
blank wall, or primary windaw on a side yard
facing the street (i.e., on a corner lot)
shall be determined in accordance with the
follawing formula~ subject to the exceptions
set forth below:
5' + (staries x lot width)
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(a} ~n lots of less than 50
feet in width, the side yard shall be 10~ of
the parcel width but not less than 4 feet.
(b) On corner iots 50 feet or
greater in width, the side yard setback facing
a street shall be a minimum of 10 feet.
Covered or unca~ered stairways ar porches not
exceeding 35~ of the building frontage on the
side street may encroach 5 feEt inta the
required side yard.
(2} The side yard setback for ~hat
portion of a building with a primary window
shall be as follows:
{a) For ~ots less than 50 feet
in width, a minimum setback of 8 feet shall be
pravided, as long as at all times a 12 foot
separation exists between the primary window
and any adjacent structures;
(b) For lots 54 feet or
greater in width, a minimum setback of 12 feet
shall be provided.
(3y The sacand floor side yard
setback abave a primary window shal~ not
project more than 2 feet inta the required
side yard setback.
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(h) Suilding Spacinq. Buildings that
face each other an the same lot shall be
separated by the fa~lowing minimum distances:
15 feet if one building has primary windows
fac~ng the other; 25 feet when the windows of
primary spaces in both buildings face each
other on the ground or second Zevel, except 15
feet when they are visually separated by a
so~id wall ar apaque fence o~er 5 feet six
inches in height; 10 feet when secandary
windows face each other or when a secandary
window faces a b~ank wa11.
(i) Landscapinq. All areas not covered
by bui~dings, driveways, and sidewa~ks are to
be co~ered by appropriate landscaping. All
new construction that requires issuance of a
bui~ding permit shall be subject to the
provisians of Part 9.04.10.04 of this Artic~e.
(j) IIsable Private Open Space. All
ground-level units shall have the following
minimum amounts of usable pri~ate open space
per unit: la0 square feet far projects
consisting of at least 2 but not more than 7
dwelling units, and 50 square feet for
projects of 8~nits or more. Private apen
space shall include a deck, yard, patio or
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combination thereof, which is adjacent to,
accessible from, and at the same ~r
approXimate elevation as one or more primary
spaces. The minimu~ dimension of at least one
such private open space shall be no Iess than
7 feet in any dimension. Private open space
shall be screened from c~inmon open space,
driveways and adjacent properties by a
substantially opaque wall or fence a minimum
of 3 feet 6 inches and a maximum of 6 feet in
height, except in the front yard setback area.
Required private open space may be
reduced by one square foot for each additional
square foot of common apen space added but in
on case leaving less than 50 feet af required
private space.
A1~ second floor units shal~ have a
balcony ar deck af 50 square feet or more,
with a minimum dimension of no less than 7
feet in any dimensian, which is adjacent to,
accessible from, and at the same or
appraximate elevation as one ar more primary
spaces of the unit t~ be serv~d. Roof decks
do nat meet this requirement. The railing of
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the balcony or deck shall be substantially
opaque to protect the privacy of occupants.
First floar private open space may
project into the entire width of the side
yard, and 10 feet into the required depth of
the rear yard. Private apen space may project
6 feet into the required front yard as long as
its width does not exceed 30~ af the building
width at the front of the building.
(k) Qsable Common Open Space. Projects
of faur ar more units shall include a minimum
af 100 square feet per unit of usable common
apen space, accessible and available to all
project residents for autdoor activities.
Courtyards, entry areas for two or more units,
lawns and play spaces which are physically
separated fram private open space, and activE
recreation spaces such as swimming pools and
sports courts, shall count toward itxlfillment
of tha.s requirement. The rear yard may count
toward fulfillment of the comman open space
requirement, provided it is usable and
accessible. Side yards and portions of
driveways which are decorated or interspersed
with lawn or other acceptable groundcover may
meet a portian af the requirement, subject to
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architectural review, pursuant to Part
9.04.10. The minimum dimensiori flf a least one
area of coinmon open space shall be l0 feet in
any direction.
Any practical combination of lawn,
paving, decking, concrete or other serviceable
dustfree material shall be used to surface
comman apen space areas, with a slope of not
more than 5$. A minimum of thirty percent
(30~) of the cammon open space area shal~
include lawn or other acceptable groundcaver.
Required open space may not include
public or privata streets, driveways, ar
utility easements where the ground surface
cannot be used appropriately for vpen space or
front yards.
Required common apen space may be reduced
by one square foot for each additional square
foot of private open space added beyond the
required private open space.
(1) Development Review. A Development
Review Permit is required for any deve~opment
of more than 15,000 square feet of floor area.
S~CTION 2. Santa Monica Municipal Code Section 9.04.2d.10.034
is amended to read as follows:
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O U V ~ J
9.04.20.10.030 Applxcability.
The Zaning Administrator may grant a
variance from the requirements of this Chapter
to:
(a) Allow madification of the minimum
lat sizes or minimum parcel dimensions;
(b} Al1ow the reductian 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 covarage on:
(1) Parcels having a depth of 90
feet or less or a width of 39 feet or less,
(2) Nonrectilinear parcels or
rectangular parcels an which paraZlel property
lines differ in length a minimum of five feet,
(3) Parcels with a 12.5-faat grade
differential ar more, as measured from either
any point an the front parcel line to any
point on the rear parcel line, or fram any
point on a side parcel line to any point on
the opposing side parcel li.ne,
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(4) Additions ta the same flaar of
an existing building which is nonconforming as
to yard setbacks, where such addition follows
the line af the axisting building but in no
case is closer than four feet to a property
line,
(5) Parcels in the CM District on
which relacated structures that are identified
on the Histarical Resources Survey as having a
value of 1 through 5D or raha.ch are determined
to be historically significant by the
Landmarks Commission are located. A variance
may apply only to the relocated structure;
(e) For projects conforming to state
density bonus guidelines, allow encroachment
into no mare than 15 percent of one side yard
setback, and into 15 percent of either the
front vr rear yard setback, and, except in
thase zones where an increase in parcel
coveraqe tor state density bonus projects is
already permitted, allow an increase in parcel
caveraqe by no more than ten percent of parcel
area. In no case shall a rear yard setback of
less than fi~e (5) feet be allowed;
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(f) Allow buildings ta exceed district
height limits by na mar~ than five (5) feet zn
one of the following situations:
(1} If a parcel has a grad~
differential of 12.5 feet or raore, 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 ~ine ta any paint
an the appasing side parcel line,
(2) To allow an additian to an
existing structure that is legally
nonconforming as ta height provided the
addition does not exceed the height line of
the existing building;
(gj A].low an addition ta an existing
building that is legal.~y nonconforming as to
height provided a~I 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 af the tatal floor area o€ the
building,
(3) The additian does nat increase
lat coverage or the overall footprint of the
building.
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(4) The addition does not increase
the density or number of inhabitants or
increase the intensity of use of the building.
(5) ~he addition otherwise conforms
to the regulatians of the district in which it
is located,
(~} There is no feasible
alternative method of attaining the desired
use,
(7} There is no substantial adverse
impact to adjacent buildings, existing
streetscape, privacy, nar significant
increases ta the mass and bulk of the
building;
(h} Allow tha madification of the
required front yard setback to allow, in the
case of existing development, a detached
garage provided all of the following criteria
are met:
(1y The lot is less than 100 feet
in depth,
(2y The ~n-site use is a single-
family dwelling,
(3~ Ko alley access is available to
the site;
15
ooa~~
,~
{i} Allow the madification of the side
yard setback for primary windows in the OP-2,
OP-3 and OP-4 Districts when the imposition of
the required setback wou~d severely constrain
development on the project, an alternative
setback would sti~l satisfy private open space
requirements, and maintain privacy far the
occupants of the p~oject.
{j) Al~ow an addi~xonal story whioh
would otherwise not be permitted for an
existing residential atructure provided all of
the foilo~inq criteria are met:
(1) The existinq structure has a
finishQd first floor level that is more than
three feet but no more than six feet abawe
average natural qrade or theoretical grade.
{2) The street frontaqe and overall
massing are compatible with the existing scale
and neiqhborhood context.
(3} The addition does not enlarge
the first fioor of the existing residence such
that a nols-conformiaq condition is expanded.
(4) The overall heiqht of the
structure with the additional story does not
exceed the height limit in feet af the zoning
district in arhich it is located.
16
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(5) 7.'ha addition otherwise canforms
to the rsqulatiaas of ths d~strict in which it
is iocated.
SECTION 3. Ordinance Numbar 1673(CCS) is hereby repealed.
SECTION 4. Any provision of the Santa Monica Municipal Code
or appendices thereta, inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or mociified to that extent necessary ta eff~ct
the provisians of this Or~inance.
SECTION 5. If any section, subsectian, sentence, c3ause, or
phrase of this Ordinance is for any reasan hel,d to be invalid or
unconstitutianal by a decis~on of any caurt of any competent
jurisdiction, such decision shall not af~ect the ~ali.dity of the
remaining portions of this Ordinance. The City Council hereby
declares that it wouZd have passed this Ordinance, and each and
every section, subsection, sentence, clause, ar phrase not declared
invala.d or uncanstitutional without regard ta whether any porti~n
of the Ordinance wau3.d be subsequently dec~ared invalid or
unconstitutiona2.
17
SECTTON 5. 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 15 days after its adaption. This Drdinanca shall be
effective 30 days from its adaption.
APPROVED AS TQ FORM:
~~f~ R.n-~'
TOS PH ~,AWR E
et ng City Attorney
18
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~~'ACI~EN~' B
~~~ oco~~
NOTICE OF DEVELOPMENT PROP06AL
To; Concerned Persons -
From: The City of Santa Monica
A Public Hearing will be held by the City Council on the
following request:
Text Amendment 93-006, Application for a Text Amendment to permit
revision of SMMC Section 9.04.08.50.06D to contain changes to
methodology for calculating theoretical grade and height in the
~P-2 Ocean Park District; and madification of SNIlyiC Section
9.04.20.10.030(g), on variances, to include provisions for the
granting of a height variance for existing structures with
certain findings. (Planner: S. Landragan)
TIME: TUESDAY, July 27 , 1993 AT 6t30 P.M.
IACATION: CO[TNCIL CHAMHER, ROOM 213, CITY I3ALL
1585 MAIN STREET, SANTA MONICA
H~W TO COMMENT:
The City of Santa Monica encourages pubiic comn-ent on this and
other projects. Yau or your representative, or any other parsons
may comment at the City Council's pub~.ic hearing, or by writing a
letter.
Letters should be addressed to:
City Cauncil, City Cierk~a of~ice
1685 Ma~a St~eet, Room 102
Santa Manica, California 904~1
MORE INFORMATIQN
~ If desired, further informati~n an any app~ication may be
obtained from the City Plann~ng Division at the address above or
by calling (310) 458-8341.
The maeting facility is handicapped accessible. I~ you have any
special needs such as sign language interpreting, please contact
the Office of the Disabled at (310)458--8701.
Pursuant to California Government Code Section 65009(b), if this
matter is subsequently chalianged in Caurt, the challenge may be
limited to only those issues raised at the Publ.ic Hearing
described in this notice, or in written correspondence delivered
to the City af Santa Monica at, ar prior to, the Pub~ic Hearinq.
Esto es un aviso sobre una audencia publica para revisar
applicaciane6 proponiendo desarrallo en Santa Monica. Esto puedo
ser de interes a usted. Si deseas mas informacion, favor de
llamar a Elsa Gonzalez en la Division de Plantificacion al numero
(310) 458-8341.
0~~3 ~
ATTACHII/IE~~' C
oor?~~