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SR-8-B (100) E~ UL ~_'':; ~j.r: LUTM:PB:DKW:LH:cn/varcc.hpword.plan Council Mtg: December 3, 1991 Santa Monica, California TO: Mayor and city Council FROM: city staff SUBJECT: Recommendation to Adopt Text Amendments to the Zoning ordinance to: 1) Modify Section 9113.3 pertaining to Applicability of Variances and Miscellaneous Clarifications to Text in Section 9113.1 through 9113.8 2) Modify Section 9040.19 Pertaining to Building Additions Extending Into Required Side Yard and 3) create an Adjustment Procedure (Subchapter lOQ) INTRODUCTION The purpose of a variance is to allow a modification to a code requirement to assure that a property owner is not deprived of making property improvements commonly enj oyed by others in the same zone and vicinity because of unique physical circumstances on the subject parcel. currently, the Code has very limited situations in which a variance can be requested and as written, appears primarily oriented towards new development and sites with significant building constraints. After the Council heard from several homeowners having difficulty adding on to existing homes which did not conform to current setback regulations, the Council directed staff to modify the variance section of the Zoning Ordinance (Section 9113) to provide' greater flexibility in the types of variances that can be requested. Staff's experience is . that the majority of variance applications in recent years involve small projects, often involve substandard lots, and frequently concern additions to existing single family homes or - 1 - p-,g 111="[" -, ,p,\, _ '-- ' _::-.1 -"--. small commercial buildings or operations. The proposed amendments are primarily intended to address aspects of the present code which regularly appear to create significant constraints to these classes of projects. The Planning Commission held a public hearing on the proposed text amendments on July 24, 1991. The Commission in their recommendation to council suggested some revisions to the staff proposal (see Commission minutes, Attachment A). Staff has incorporated these changes into the draft ordinance (see Attachment B). Subsequent to the Planning Commission IDeeting and in working with the City Attorney I s office in formatting the revisions into ordinance form, some additional changes have been made for technical clarity. For example, throughout the ordinance, the word "permit" has been deleted and the word "allow" substituted. The proposed code modifications are discussed below. PROPOSED MODIFICATIONS There are two main issues with the variance regulations: the types of modification to the Ordinance that can be requested and the level of review, including the time and cost, required. In addition, the variance section relates to Code section 9040.19 pertaining to the expansion of existing buildings with nonconforming setbacks. While in many other cities most code requirements may be modified through a variance procedure, Municipal Code section 9113.3 of Subchapter 10E narrowly defines the types of variances to the - 2 - Ordinance that can be requested. The proposed text amendments will expand the list somewhat to provide a greater range in the types of requests that can be considered (see Attachment B), but does not make all code provisions subject to variance. In addition, several of the proposed changes would create limited circumstances under which application could be made, i. e., a certain amount of grade differential needs to be present for sloping lots to be eligilble for a height variance. An expansion of the list does not mean that the applications will be approved, but simply provides the mechanism for someone to request an exception to the code. An application will be reviewed through the public hearing process and all of the necessary findings must be made in order for an application to be approved. The following analysis summarizes the proposed amendments in the order in which the changes appear in the attached ordinances (see Attachment B). only substantive changes are discussed below. Page numbers listed at the beginning of each topic discussion refer to the draft ordinance showing the variance section of the code with bold and strike-out text. Lot Sizes and Parcel Dimensions (Page 4) Section 9113.3 (a) is proposed to be modified in several respects. The language referring to lot coverage has been moved to another section. In addition, the language allowing modification of lot sizes and parcel dimensions lias may be necessary to secure an appropriate improvement on the si te" has been deleted. Modification of lot sizes or parcel dimensions - 3 - may be unrelated to the type of improvement which might be appropriate on the parcel. The link to an nappropriate improvementn is not made for other types of variances. Yard Setbacks (Page 4) Existing section 9113.3 (c) is proposed to be deleted. See discussion below of proposed Section 9113.3 (d) (yard setbacks) . Fence Heights (Page 5) Modifications shown in Section 9113.3 (c) eliminate redundant language concerning fence heights. Yard Setbacks (Pages 5-6) Modifications shown in section 9113.3 (d) address yard setback variances. Currently, an exception to a setback requirement can be requested if a lot is irregularly shaped or · the parcel has a 12.5 foot grade differential. The proposed modifications to this section (91l3.3(e)) would allow a variance request for setbacks and parcel coverage on substandard lots, which is defined in the proposed amendments as parcels with a depth of 90 feet or less or a width of 39 feet or less. This definition of substandard is consistent with a Zoning Administrator interpretation which was approved by the Planning Commission in 1988. The ordinance otherwise lacks such a definition. - 4 - New wording is proposed to replace "irregularly shaped parcels" (9113.3(d) (2)) since a definition is not provided in the Ordinance. staff has proposed that irregularly shaped parcels be defined as nonrectilinear or nonrectangular parcels with parallel property lines that differ in length by a minimum of five feet. Currently, a setback variance can be requested if a parcel has a 12.5 grade differential between the curb level and a point 50 feet from the front parcel line, midway between the side parcel lines. The Planning Commission and staff recommend that rather than using one point of reference for grade differential, that a variance application be allowed for setbacks and lot coverage if there is at least a 12.5 grade differential measured from the front to rear parcel line or any point from one side to the opposing side parcel line. This amendment is intended to address the variety of sloping lot configurations which exist in the ci ty. The City Council has heard from several homeowners who have wanted to expand their existing residence, but because the existing structure does not comply with the current setback requirements of the Ordinance, and the addition exceeds the 12 linear feet allowed by section 9040.19 (which permits the expansion of an existing non-conforming structure in 1 imi ted circumstances) the homeowner cannot expand his/her residence as desired. Currently, no mechanism exists in the Ordinance to allow an exception unless the parcel is substandard. In order to address this situation, the Planning commission and staff recommend the following two changes: 1) to expand the size of the - 5 - addition allowed as a matter of right from 12 to 15 linear feet, and from 12 to 14 feet in height (see section 9040.19) and 2) to allow a variance request to expand beyond the proposed 15 foot allowance. The 15 foot length and 14 foot height are intended to permit a small room addition. In reviewing the existing language and this proposed modification concerning setbacks, staff determined that Section 9113.3 (c) , pertaining to additions to existing residential structures, should be deleted because it is not entirely clear what type of variance is allowed and it is redundant given the proposed change concerning expansion along an existing non-conforming line (Section 9113.3 (d) (4)) . The proposed section is different, in that it does not apply only to small lots or limit the size of the addition, but does require that the addition follow the existing line of the building and specifies a minimum four foot setback. State Density Bonus Law Requirements (Page 6) Section 9113.3 (e) addresses requirements relating to state density bonus law. The Planning Commission and staff recommend the addition of a new category in response to state legislation (AB 1863) which requires that cities establish procedures for modifying development and zoning standards for projects which conform to the State density bonus provisions. The new section (91l3.3(e)) would allow variance requests for a 25% reduction in required setbacks and parking for projects complying with the state density bonus. - 6 - Height (Pages 6-8) section 9113.3 (f) addresses height variances. Currently, variances are not permitted for building height. Two situations concerning exceptions to height have been identified. There are instances where because of site topography and the way height is calculated, the height limit does not allow the development otherwise contemplated by the code. Therefore, the Planning Commission and staff recommend that a mechanism be provided to address such situations, and that a height variance of not more than five feet be allowed in two cases: 1) the site has a 12.5 foot grade differ~ntial at any point between the front and rear parcel lines or between the side parcel lines and 2) to expand an existing structure that does not comply with the height limit. In both of these situations, the applicant would have to demonstrate why the variance request is justified and could not obtain approval for more than a five foot allowance above the height limit. New Variance Sections The Planning commission recommended two new sections be added to the types of variances that can be requested. The situation concerning the expansion of buildings that are legally non-conforming as to height is a result of an application for a text amendment submitted by Leisure Care, which was intended to allow the expansion of an existing penthouse senior recreation room at 2107 Ocean Avenue. The requested text amendment was to modify Section 9080.2 (b) , which addresses expansions and - 7 - additions to nonconforming buildings, to allow an expansion of the upper, non-conforming level of a building. In reviewing the application, staff recommended that rather than modify the requested section and allow such an expansion as a matter of right, that a case by case review would be more appropriate. Therefore, the Planning Commission recommended that a variance request be allowed for such an addition provided a number of criteria are satisfied. The criteria would limit the size of the addition, require that the addition comply with other applicable regulations, and require that the addition not increase the nonconformity or intensity of the use within the building. The Planning Commission recommendation also included a requirement that the addition be reviewed by the Architectural Review Board. This criteria has not been included since architectural review is required by code for all new construction in all of the zoning districts except Rl and is therefore not needed in the Variance section of the Zoning Ordinance. Detached Garage Additions (Page 8) The second situation recommended by the Planning Commission was raised by a member of the public during the hearing process and is included in section 9ll3.3(h). This section is intended to allow a variance request to a front yard setback in order for someone to be able to construct a detached garage to provide covered parking for an existing residence. Three criteria, concerning use, lot depth, and access, must be satisfied to be able to request the variance. - 8 - Clarifications to Text The remaining proposed modifications to Subchapter IDE are to clarify language in the Ordinance. The ordinance currently uses the phrase "permit the modification" which is proposed to be changed to "allow the modification". This change is proposed because the use of the word "allow" is arguably less ambiguous than "permitll. Another language change is in Section 9113.5, Findings. This language modification is in the introduction and does not change the findings themselves. Building Additions in Required side Yards (Page 14) For discussion of this issue, see analysis of section 9113.3 Cd) above. Variance Process (Page 15) The variance process is onerous for certain very minor categories of code exceptions, for example six inches in building setback. Both the cost ($600, plus preparation of a notification list for a 300-foot radius ) and the amount of time seem out of proportion for certain minor requests. The Planning Commission and staff recommend that an "adjustment" procedure be established to allow requests of limited and clearly defined minor modifications. The adjustment procedure was used in the past in Santa Monica, but was deleted with the adoption of the new Ordinance in 1988. As proposed, the adjustment procedure would be an administrative process, reviewed by the Zoning Administrator (see Attachment B, - 9 - Subchapter 10Q) for limited requests as specified in section 9152.3. Upon receipt of a complete application, notices would be mailed to property owners and tenants within 100 feet of the exterior boundaries of the subject parcel, advising them of the application and a 14 calendar day time in which to request a public hearing if one is desired. Absent the request for a public hearing, the Zoning Administrator would make a determination on the application within 14 days of the completion of the notification period. The zoning Administrator, in making a determination, would need to make all of the findings outlined in Section 9152.6. If a hearing is requested, the application would be scheduled for a public hearing by the zoning Administrator. Property owners and tenants within 100 feet of the exterior boundary of the SUbject parcel would be notified of the public hearing. An appeal of the decision, by the applicant or an interested party, would be allowed during a 14 day period after a decision is made. The applicant, and anyone having written or spoken at a hearing on the application would be mailed a copy of the decision. If no appeal is received, the applicant could then proceed with the project. If the decision or any condition of approval is appealed, the appeal would be reviewed in a public hearing process by the Planning commission. A filing fee of $330 for the adjustment procedure was adopted by the City Council by Resolution 7607 in April 1988. - 10 - PROCEDURE The proposed text amendments are categorically exempt from the provisions of the California Environmental Quality Act, Santa Monica Guidelines for Implementation, Class 5. Section 9120.4 of the Zoning Ordinance sets forth procedures for processing a text amendment and requires that the City Council conduct a publ ic hearing. This proposed text amendment was noticed as required by the Code. Section 9120.3 provides findings that must be made in order for the Council to adopt the amendments. The findings are that tithe amendment is consistent with the goals, obj ecti ves I policies, land uses, and programs specified in the General Planll and that lithe public health, safety, and general welfare require the adoption of the proposed amendment.tI BUDGET/FINANCIAL IMPACT Adoption of the ordinance amendments will not have an adverse impact on the City's budget. While the amendments to the variance section will allow a greater number of applications, the $600 fee established for a variance is intended to cover the cost of processing the application. A filing fee of $330 was established for the adjustment procedure in 1988. It is anticipated that this fee will cover the processing of these new applications. - 11 - ~ , 2.04 2.05 press of business, the employee shall be paid the straight time value of the accrued time at the employee's base rate. If no good faith effort has been made, the compensatory time shall be forfeited with no compensation. As of December 29, 1991, employees covered herein will become exempt employees under the exemption of the Fair Labor Standards Act (FLSA) as it may be applicable to public agency employees. As a result, employees covered herein will not have to account for their work time on an hourly basis and will only need to account for each full day of absence which occurs on a regularly scheduled work day. Employees covered herein, as exempt employees, will no longer be eligible to accrue compensatory time or be paid overtime. Promotional Pay Rate If a permanent employee covered herein is promoted and his/her salary is equal to or greater than the entrance salary of the promotional classification, the employee's salary shall be increased to the next higher salary rate which provides a minimum five (5) percent salary increase, provided, however, that in no event shall the salary rate exceed the maximum salary rate for the new classification. In the event the promotion is to a supervisory position, the employee promoted shall receive not less than the next higher salary rate which provides a minimum five (5) percent increase above the highest salary rate being paid to any subordinate, provided, however, that in no event shall the salary rate exceed the maX1mum salary rate for the new classification. A reclassification of a permanent employee covered herein to a higher level job classification will be considered a promotion and the employee's salary shall be increased to the higher salary rate in the new classification which provides a minimum of five (5) percent salary increase, provided, however, that in no event shall the salary rate exceed the maximum salary rate for the new classification. Y-Rating When a personnel action, e.g., demotion due to layoff or reclassification, results in the lowering of the salary range of a permanent employee covered herein, the incumbent employee's salary may be Y-rated. "Y-rated" shall mean the maintenance of the employee's salary rate at the level effective the day preceding the effective date of the personnel action placing the employee in a lower salary range. The employee's salary shall remain at such level until the salary range of the new classification equals or exceeds the Y-rated salary. Any MTA member whose position is abolished shall be demoted - 13 - community with a mechanism to allow a case by case review of such requests. B.) Adopt the ordinance amendment concerning the expansion of existing buildings with nonconforming setbacks (Section 9040.19) based on the following findings: 1. The proposed amendment is consistent in principle with the goals, objectives, policies, land use and programs specified in the adopted General Plan in that it does not adversely change the intent of the code but allows for a slightly larger, more reasonable building addition that is still in scale with what is allowed by the current code. 2. The public health, safety, and general welfare require the adoption of the proposed amendment in that it will provide more flexibility to create a reasonable building addition that is in scale wi th what is currently allowed and will allow the reasonable enjoyment of development opportunities provided to others in like zoning classifications and similar locations. c.) Adopt the ordinance amendment establishing a new section in the ordinance to create an adjustment procedure (Subchapter 10Q) based on the following findings: 1. The proposed text amendment to crea te an adj ustment procedure is consistent with the goals, objectives, policies, land use and programs specified in the adopted General Plan in that the proposed adjustment procedure creates a process to - 13 - expeditiously review minor adjustments to specific Zoning Ordinance development regulations. 2. The public health, safety, and general welfare require the adoption of the proposed amendments in that it will establish a process by which the city may consider minor adjustments to Zoning Ordinance development regulations and which provides for public review of an application, yet provides the review in a more timely, less costly manner, and will provide for development opportunities comparable to those enjoyed by others in like zoning classifications and similar locations. Prepared by: Paul Berlant, Director of Land Transportation Management D. Kenyon Webster, Planning Manager Luci Hise, Associate Planner Use and Attachments: A. B. Planning Commission minutes, July 24, 1991 Text Amendments of Subchapter 10E, section 9040.19 and Subchapter 10Q DKW:LH hp/varcc 11/21/91 - 14 - I\tto.chrlerit A M I NUT E S SPECIAL MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA WEDNESDAY, JULY 24, 1991 7:30 P.M. CITY COUNCIL CHAMBERS ROOM 213, CITY HALL 1. CALL TO ORDER: The meeting was called to order at 7:45 p.m. 2. PLEDGE OF ALLEGIANCE: Allegiance. Commissioner pyne led the Pledge of 3. ROLL CALL: Present: Sharon Gilpin Ralph Mechur Rita Morales Donald Nelson Jennifer Polhemus Thomas pyne Paul Rosenstein Also Present: Paul Berlant, Director of Planning Suzanne Frick, Planning Manager David Jackson, Associate Planner Joseph Lawrence, Ass't city Attorney David Martin, Acting Senior Planner Ruta Skirius, Sr. Admin. Analyst Kenyon Webster, Planning Manager 4. APPROVAL OF MINUTES: COl"l'.missioner pyne made a motion to approve the minutes for June 12, 1991, as submitted. co~.missioner Morales seconded the motion, which was approved by voice vote. 5. PLANNING DIRECTOR'S REPORT: Mr. Berlant gave the Director's Report. Commissioner Polhemus stated she will be absent on July 31st and August 7th. 6. STATEMENTS OF OFFICIAL ACTION: Consent Calendar cow~issioner Nelson made a motion for approval of the statements of Official Action as submitted. Commissioner Polhemus seconded the motion, which was approved by voice vote with commissioner Gilpin abstaining. A. cup 90-098, TPM 22809, 849 14th street. B. 'I'PC 155, VTTM 50713, 927 11th Street. - , - 7. PUBLIC HEARINGS: A. Text Amendment Regarding Additions to Nonconforming Buildings (Subchapter 9), Applicant: Leisure Care, Cons~deration of a text amendment to Subchaoter 9 of the Municipal Code pertalnlng to additions and-enlargements to nonconforming bUlldings. More specifically, the proposed text amendment is to allow more flexibility to expand a building that exceeds the height limit of the district in which it is located. (Planner: Hlse) commissioner Gilpin stated she was stepping down the dais during the discussion on this item because was not present at its prior hearing. from she Chair Mechur stated that the public hearing was closed at the previous hearing of this item. commissioner Polhemus expressed concern over the length of time it will take to build this proposed additional facili ty. Karen Blackwelll representing Leisure Care I stated that it is estimated the construction will take six months. Commissioner Polhemus asked for an explanation of the difference between a text amendment and a variance. Staff stated that, if favorable, this will change the variance section of the code rather than the non-conforming building section of the code. commissioner Polhemus asked if staff was in favor of the five recommended conditions submitted by Leisure Care. Staff stated the conditions are very limiting and acceptable. Chair Mechur commented the conditions would then apply to all variances under the code. Commissioner Polhemus asked if staff had any additional conditions that they would like to add. Staff stated that the text and conditions as presented appear to be sufficient. Commissioner Rosenstein asked staff how long the approval process through city Council would take if the variance route was chosen instead of the text amendment. Staff stated it would take four to six months. commissioner Rosenstein stated he had a problem with staff's recommended changes. Mr. Berlant asked if the text amendment had been reviewed by the city Attorney. Staff stated that it has not yet been reviewed by the Attorney's staff, except as part of t~e Commission packet. - 2 - commissioner pyne asked staff 1f the time table could be shortened. staff stated that after the city council has approved the text amendment, and during the 30 day period prior to final adoption, they could accept an application. Chair Mechur currently has. stories. asked The how many applicant stories the stated there building are ten Chair Mechur asked ,.;hat uses occur on the ten floors. The applicant stated that there are living quarters on most floors. Chair Mechur asked about the tenth floor in particular. The applicant stated there are offices, a library, penthouse living quarters and the outdoor space. Chair Mechur stated he wants the building to have adequate facilities, but this is a privately run facility and the request is for a change of use and additional space. He felt the office spaces or living quarters on the tenth floor could be converted into the needed co~~unity space. The applicant stated that the building was built as a hotel and the living space was not designed for long term occupancy. The applicant also stated that most rooms are about 500 square feet and the residents need more common areas. Chair Mechur suggested other uses for the tenth floor. commissioner Nelson commented on the apparent window screens shown on the rendering. The architect stated that these are skylights, not additional usable space. commissioner Nelson stated his problem with the proposal is that, if approved, other applicants will request the same privilege. He questioned vlhether it would be a good pUblic policy to make this text amendment. The applicant commented that variances are reviewed case by case. ComMissioner Nelson stated that if the application is similar, then it must be approved by code because the precedence will have been set. Commissioner Nelson asked if the text amendment could be limited to "residential" buildings only. The applicant stated that her application is a special case. commissioner pyne asked why the management could not vacate the office space and make that common space. The applicant stated that the office and library space is shared and there is no other place to put them. commissioner pyne asked what else 1S on the tenth floor. The applicant stated that there are client serving uses such as a beauty parlor and two Ilving units. - 3 - commissioner pyne asked how many units are in the complex. The applicant stated that there are 119 units with very little open space or common space. The applicant stated that this area is currently an open patio and will be better utilized if it is covered. Also, the applicant commented, there is a long waiting list for units and no vacancies. Commissioner Rosenstein made staff recommendations and application. a motion for adoption of to deny the specific Commissioner pyne seconded the motion for discussion. Commissioner Rosenstein stated that taking the application separately, it should be allowed, however he did not support the general text amendment. Chair Mechur commented that the area addition would total approximately 1 1/2% of the building. Commissioner Polhemus asked if the commission was voting on the merit of the text amendment. Commissioner Nelson asked if the incorporate the applicant's five Commissioner Rosenstein stated it would not. motion would conditions. The motion approved by the following vote: AYES: Mechur, Morales, Nelson, Polhemus, Rosenstein; ABSTAIN: Gilpin. Pyne, B. Consideration of Ordinance Text Amendments to Variance section (9113.3), Building Additions Extending into the Required Side Yard Sectlon (9040.19) and creation of an Adjustment Procedure for Speclfic Minor Modifications to the Ordinance. (Planners: Webster/Hise) Following the staff report, COrrLll1issioner Nelson asked for more detail on the new section 9113.3(F) regarding yard setbacks and parklng requirements. He stated he did not understand the setbacks. Staff stated that state law does not cover specific variances and staff selected setbacks and parklng as areas for variances. staff also stated that the State requires the city to offer two areas for variances and staff is trying to meet state law. Additionally, staff stated that a limit of 25% density bonus has been set. Commissioner Nelson asked what w~ll happen if an in-lieu fee is adopted. staff stated that if a fee is not paid, then the applicant can not build the bonus units. Commiss~oner Nelson asked if an applicant can get the bonus if the in-lieu fee is pald. Staff stated this is incorrect. - 4 - commissioner Nelson felt there would be a significant change if, as an example, a project was required to have 12 parking spaces, but allowed to have only 9 spaces under the proposal. staff explained the 25% rule. commissioner Polhemus commented on attachment "c" I at the bottom of the pagel and asked who are the adjacent properties. Staff stated adjacent properties are defined as properties that have shared property lines with the subject property. Chair Mechur asked if across the alley from stated it would not. this the would include properties subject property. Staff Commissioner Polhemus asked about the variance mailing. staff stated there radius. distance for a is a 300 foot COF.~issioner Polhemus commented that property owners and tenants across the street should be notified, within at least 100 feet of the subject property. Staff stated this could be done. Staff also stated that parking issues are very sensitive and other issues, such as fence height, are not as sensitive. commissioner Polhemus asked that past experiences be referenced for these sensitive issues. staff stated they were seeking balance in the amendments. Chair Mechur commented on the proposed amendments, especially the 5% lot coverage adjustment. He also asked about hardship criteria. staff stated that the 5% lot coverage adjustment came from requests from existing single family dwellings, which requested adding one or two rooms, which would exceed maximum lot coverage by a small amount. Staff stated this adjustment was designed to address small room additions to existing single family dwellings. Commissioner pyne expressed concern that the amendments were created unscientifically. He asked staff how these issues would be approached if there was not need to be sensitive. staff stated that the Zoning ordinance and General Plan are an expression of the will of the community, developed through an interactive process. staff commented that fence heights are a great concern and a "hot" issue. Mr. Berlant commented that plannersanalyze applications using sensitivity to the community concerns. He also stated that the new zoning Ordinance has shown some flaws for some types of development and lots of rigidity. The amendments, stated Mr. Berlant, are lntended to give some flex~bility. - :, - commissioner pyne commented that this profession needs sensitivity, but passed a rigid code. One member of the public, Clifford Wieber, 713 Bay street, spoke about his particular need for a variance to build a garage. staff spoke in response to Mr. Wieber and stated that to accommodate him would require changing the definition of a substandard lot as regards size, or change the site of garages per code. commissioner pyne commented on the incremental approach being too restrictive. Staff stated there was a great deal of public debate on this issue. Another member of the public, Karen Blackwell, representing Leisure Care, spoke to the amendments. Chair Mechur asked if the 90 foot figure was chosen for a particular reason. Mr. Berlant explained. commissioner Morales asked for a clarification regarding the Leisure Care letter, i tern G on page two. Staff stated this could not be accommodated. commissioner Morales asked if any thing could be done about this. Staff stated nothing could be done at this time. commissioner Rosenstein felt the wording was unclear. staff stated it can be clarified to state any existing structure five feet or greater. commissioner Rosenstein proposed some new wording, which he submitted to staff. Chair Mechur commented on numbers for the Leisure Care addition. Ms. Blackwell stated the proposal is to enclose 1,187 square feet of a building that is currently approximately 89,600 square feet, which equals approximately 1.3% of the building. Chair Mechur closed the public hearing. commissioner Nelson commented on Commissioner Rosenstein's new language and stated he was not prepared to allow additional height on structures with an increase of 1.5% or 2% square footage in a non-conforming building. He stated he would love to restrict the text amendment further to "residential" only. Chair Mechur commented on increase in height and square footage. Commissioner Nelson stated that roof lines should remain even. - 6 - Chair Mechur asked if the text amendment could be restricted. Mr. Berlant stated that the Commission can limit the text amendment to apply to residential buildings only. Commissioner Pyne commented that the proj ect is congregate housing and amendment could be limited even further. Leisure suggested Care the commissioner pyne made a motion for approval of the text amendments. commissioner Morales seconded the motion. Commissioner Rosenstein asked that the following amendments be added: (1) that the proposed five points submitted by Leisure Care be included, with other percentage figures such as 2% and that ARB approval be requiredi (2) that the #6 altered use of the structure of the building is not practical; and (3) that additions are not to exceed adjacent buildings or be seen from the street. Cowmissioner Nelson asked that the residential restriction be added. Commissioner amendments. pyne was agreeable to the proposed commissioner Polhemus asked that the alphabetical portion of Section 9125.3 be made numerical and that section 9125.4 be amended to read mailings be done for a 100 foot radius for owners and tenants. commissioner Pyne agreed to these changes. Chair Mechur asked for a rewording of the language on Section 9113. 3 (G). Mr. Berlant stated that five feet applies to all maximum. Chair Mechur asked staff to add language regarding allowing covered parking on substandard lots with existing structures, with review prior to City Council. commissioner pyne agreed to the changes. Co~~issioner Nelson asked for a clarification. He asked that "accessory building be used as a garage on parcels less than 100 feet deep with no alley access". He stated this should be for need and not for convenience, and there be an existing structure on the site. Commissioner pyne and Polhemus agreed to the changes. commissioner Nelson commented that section 9152.3 found in attachnent liCit on page one made him uncomfortable. He felt it will generate a large number of requests. He also stated he could support it if it applies to existing parcels and buildings only. - 7 - commissioner Polhemus asked how it should be phrased. Chair Mechur suggested the Zoning Administrator should determine the wording. Chair Mechur asked for an explanation of additions as regards lot coverage. Mr. Berlant stated that a variance is to allow and exception to code because of a unique circumstance. Commissioner Nelson expressed agreement with Mr. Berlant and commented on social equity. Chair Mechur stated the amendments should be limited to existing structures and commented that he did not favor the 2% figure. commissioner Nelson commented he had no problem with granting variances without increasing the height of a structure. He stated that the applicant does need common space, however he stressed that there needs to be some analysis done regarding space utilization and who will use the space so that it is functional. Chair Mechur expressed agreement with Commissioner Nelson. commissioner Polhemus recommended that Leisure Care make an exact calculation of the square footage of the their building prior to the city council hearing. The motion was approved by the following vote: AYES: Gilpin, Mechur, Morales, Nelson, Polhemus, Pyne, Rosenstein. C. To change the following zoning designations: M2S (Industrial District - site Review Overlay District) to C5 (Special Office Distrlct), M2 (Industrial District) to CS, MI (formerly Limited Industrial District) to CS, and M2 (Industrial District) to Ml (Industrial Conservation). The rezonings are necessary to make the zoning consistent with the designations approved by the city in 1988. Following the staff report, Chair Mechur asked staff if this was the final redistricting hearing. staff stated that there would be one more hearing on the beach areas. Commissioner pyne asked staff why the re~uest was made to rezone 612 Colorado. Ms. Ruta Skirius of the Economic Development Division and Property Manager for the City, stated that the property is owned by the city Transportation Department and the Community and Neighborhood Services Division (CNS) is currently using the facility for social services organization since 1988, in addition to leasing to several market rate tenants. Ms. Skirius stated that CNS pays the - 8 - Att~~h~ent B CA:RMM:CB:cbvartxtjhpc/pc City Council Meeting __-__-91 Santa Monica, California ORDINANCE NO. (City Council Series) 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 10Q 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 hearing on proposed text amendments to Subchapter 10E of the Zoning Ordinance regarding modifications to the variance procedure and certain miscellaneous clarifications to the language of the subchapter; and WHEREAS, the Planning Commission recommended that the Council approve the amendments as modified by the Planning Commission; and WHEREAS, the City council finds that the proposed amendments are consistent in principle with the goals, objectives, policies, lands uses, and programs specified in the adopted General Plan, in that the amendments do not change the intent of Subchapter 10E but rather provide greater flexibility to modify, where appropriate, development regulations through the variance procedure, as well as clarify certain language in the Subchapter; and - 1 - WHEREAS, the city council finds that the public health, safety, and general welfare require the adoption of the proposed amendments, in that the Zoning Ordinance adopted in September 1988 unduly restricts the variance procedure and does not provide adequate flexibility 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 Commission conducted a public hearing on the proposed text amendment to section 9040.19 to increase allowable additions to existing buildings with non-conforming side yard setbacks in residential districts: and WHEREAS, the Planning Commission recommended that the Council approve the amendments: and WHEREAS, the City council finds that the proposed amendments are consistent in principle with the goals, objectives, policies, lands uses, and programs specified in the adopted General Plan, in that the amendments will allow reasonably sized building additions that are still in 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 residential structures; and WHEREAS, on July 24, 1991 the Planning Commission conducted a public hearing 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 exceptions to development regulations of the Zoning Ordinance: and WHEREAS, the Planning Commission recommended that the Council approve the amendment: and WHEREAS, the City Council finds that the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, in that the amendment provides the process to expeditiously review minor adjustments to specific Zoning Ordinance development regulations: and WHEREAS, the City Council finds that the public health, safety, and general welfare require the adoption of the proposed amendment to allow a process, similar to the variance procedure, by which the City may consider minor adjustments to Zoning Ordinance development regulations and which provides for public review, 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 Monica Municipal Code is amended to read as follows: Section 9113.1 Purpose. A variance is intended to permit allow variations where practical difficulties, unnecessary hardships or results inconsistent with the general purpose of - 3 - this Chapter would occur from its strict literal interpretation and enforcement. 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) r>==::;it Allow modification of the minimum lot sizes or minimum ,,-.... parcel dimensions -~~ I..&.J"'...... ,,-..... .......... --......----- --...--~-"';1- ___..,...-1-': ___ --";1-------...- -- -- --.... .u-',r 10._ -- --------.... .....------... .I. .....- ....... ---.-- ..........'-"........- ~ppza:;;;=i:;:t:J impr:;-.-:;;::,::;;t ~~ t4~~ 1.:;t. (b) ~==:.it Allow the reduction of the automobile parking space or loading space requirements. (-. -, ....- ..~~ ____~..3__.L...l_., . -W;O:,;J'~U'l;.U: ......Lg."'" ..:I':_.j...-':_~-- '-'Ii..,..,..... _ _ __, p~~:::it ~'7 ,,_.... -..-.........,n ~J.._ ....~oI-w _~...:r.:.&..!_~ w....'-'~I.......V.lJ. V..L -_1'____....__rI- ........I..w....... ~....................... _.& ----.:-~.:_- a.......~7A.:__ --- "",-,.".;r",.,...m"tng '-'.L. Y-..I,J. ~.n....&.~ ""'''~~'':I ,."w...........'\iooI......a...~, ................ - ____.._ __ ___~ _ a:; .....- ..,.--,.':1 .L -- - __"'1-1.__"'_ -- -""'....'-"#...., _____'7_ ........... ~"'..L v.....Lg ,,---- ......--- +-........ ~ ...."" .,.I,...,...,....... ....'-j'"""...... ~-_..... .. -c;::;w- ..... , ____.....: .:1_.#1 ~"'-"'''-''''-'''IiiiiP'''' th3t +-...^ _ .3~.!.L.~ __ auu.i c....LU.l..l ......-.L .......-."1'----.......--.. ~__...._ .................. 'l;J~.L.a.L :tCJ"UC'..u.""" UVI;'li:) .lJ:v.... ~;:===:j ""'"~ .-..__~".....'-.o. __ ~ .....1...-"--- ~ ~. _ ~ .c; oJ ~....... ........~~... (.c; oJ.., I vo... L.UC:: .L ..LUUL CI..L ....Q ........ t~= -..,~.:_~.:_- --.......-..........'::1 --- ....'""..... -----~--.__.!_- """""..................-.oL.,z,I.L..........&"::/ :;'WiJ..':::i;;.q 12nd pLvv-i.i~';: .......L_.L.. ....l........ ..... .it ....... --...... ......tl\J"'-' Q _____.3 a;:;tc:l..ou........... fl:;::Jr additivu. ......- ........ ii _......___ .-...L...____ ..,""..Lw......"""'....g J_ .....u ......'1.._ '-'.I....g nl District. - 4 - (c) (d) fac==it Allow the modification of fence heights i~ ~vn~~~~i~l ~~~ =~~id=~ti=l =ict=i===. ( d) ,......, , --J PG~::it Allow the modification of yard setbacks e1i ..: ____...... __,.__ _1...___..::1 1_...._ __ ..&....'Ij;O'~"'.....~~,.L..r ..............ZO'....w .....--- -.... '1_-1-_ ...--- ..1..___ -....-...- .....1.._ -,. _....._~.:_- ~..L.....r~"""............... -~ ~.... tb.~ ;-==:.=::.= .::t .:: ---~-~ ~....,.~.......... .,.n_ ~__.L. ~___ .. YV "'" .L.L VJ,l.1 .....1.._ "-~...,... ~=~nt 1== line cf = .,~.,. __A ...- - _...- _.:~...._..- .IIL..LY"~I bGt";t.::=:: tt~ ~i== 1.=:-: 1.i=== ~":~.p--", --- - --... 1.2 , ,') ~/~ ~~_. -- ~--- .--- ~......-... -... ....-......- ................. .....1.._ _.._1.. ., _.__., _ .............. _""'. Ail .'IIIii''' 1!IIr....... or parcel coveraqe OD: (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 4iffer in lenqth a minimum of five feet. (3) Parcels with a 12.5 foot. grade di fferential or more I 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 line to any point. on the opposing side parcel line. (4) Additions to the same floor of an existinq buildinq which is - 5 - non-conforminq as to yard setbacks, where such addition follows the line of the existing buildinq but in no case is closer than four feet to a property line. (e) Allow encroachment into no more than 25 percent of a yard setback, or reduction of the nu.mber ot on-site parking spaces by no more than 25 percent of the required number of on-site spaces, or both, for multi-family residential developments conforminq to state density bonus quidelines. In no case shall a rear yard setback of less than five (5) feet be allowed. (f) Allow buildings to exceed district height limits by no more than five (5) feet in one of the following situations: (1) If a parcel has a grade differential of 12.5 feet or more, as measured from ei tber 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 opposing side parcel line. (2) To allow an addition to an existing structure that is legally - 6 - non-conforming as to height provided the addition does not exceed the heiqht line of the existinq buildinq. (g) Allow an addition to an existing ~uilding that is leqally non-conforming as to height provided all of the following criteria are met: (1) The add! tion does Dot exceed the height liDe of the existing building. (2) The add! tion does Dot exc~ed two (2) percent of the total floor area of the buildinq. (3) The addi tioD does Dot increase lot coverage or the overall footprint of the building. (") The addi tion does not increase the densi ty or nnlll",er of inhabitants or increase the intensity of use of the building. ( 5 ) The addi tion otherwi se conforms to the regulations of the district in which it is located. alternative (6) There method is of no feasible attaining the desired use. - 7 - (7) There is no substantial adverse impact to adjacent buildings, existini streetscape, privacy, nor siinificant increases to the mass and bulk of the buildini. (h) Allow the modification of the required front yard setback to allow, in the case of existinq development, a detached garage provided all of the following criteria are met: (1) The lot is less than 100 feet in depth. (2) The on site use is a single-family dwelling. (3) No alley access is available to the site. (f) (i) PQE1IIit Allow the modification 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 would severely constrain development on the project, an alternative setback would still satisfy private open space requirements, and maintain privacy for the occupants of the project. - 8 - SECTION 3. section 9113.5 of the Santa Monica Municipal Code is amended to read as follows: section 9113.5 Findings. Following a publ ic 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 Commission on appeal, may approve a Vyariance application in whole or in part, with or without conditions, provided all of the following findings of fact ':;.:i~ L._ .., ... __..:I.- __ .."rw&.....'lIiiiii ..I."'''' _ .6:~': _....._~ .:___ ~__~ _ ~ ""....1. Q.A.-........,u:g.....I......v ..11~.t,,;..."'lIiOiii... are made: (a) There are special circumstances or exceptional characteristics 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 properties in the vicinity under an identical zoning classification. (b) The granting of such variance will not be detrimental nor injurious to the property or improvements in the - 9 - general vicinity and district in which the property is located. (c) The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships, not incl uding economic difficulties or economic hardships. (d) The granting of a variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, nor to the goals, objectives, and policies of the General Plan. (e) The variance would not impair the integri ty and character of the district in which it is to be located. (f) The subject site is physically suitable for the proposed variance. (g) There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed variance would not be detrimental to public health and safety. (h) There will be adequate provisions for public access to serve the subject variance proposal. - 10 - (i) For the reduction of the automobile parking space requirements, the reduction is based and conditioned upon an approved parking reduction plan that incorporates transportation control measures that have been demonstrated to be effective in reducing parking needs and that are monitored, periodically reviewed for continued effectiveness, 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 convenience or wel fare and are not in conflict with the General Plan and where the granting of the variance will not be materially detrimental nor injurious to property or improvements in the general vicinity and district in which the property is located. (k) The strict application of the prov isions of this Chapter would result in unreasonable deprivation of the use or enjoyment of the property. - 11 - SECTION 4. section 9113.7 of the Santa Monica Municipal Code is amended to read as follows: section 9113.7 Revocation. The zoning Administrator may, in his or her own discretion, or upon the direction f:=:;;a of the Planning Commission, shall revoke any approved ~variance in accordance with the following procedures: (a) A revocation hearing shall be held by the Zoning Administrator. Notice of the hearing shall be published once in a newspaper of general circulation within 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 1101 days prior to such hearing. The notice of hearing shall contain a statement of the specific reasons for revocation. (b) After the hearing, a ~variance may be revoked by the zoning Administrator, or by the Planning Commission on appeal or review, if any one of the following findings are made: (1) That the Vvariance was obtained by misrepresentation or fraud. - 12 - (2) That the use for which the Vvariance was granted has ceased or has been suspended for six 161 or more consecutive calendar months. (3) That the conditions of the permi t have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regulation. (c) A written determination of revocation of a~ariance shall be mailed to the property owner and the permit holder within ten 1101 days of such determination. SECTION 5. Section 9113.8 of the Santa Monica Municipal Code is amended to read as follows: Section 9113.8 Appeals. The approval, conditions of approval, denial, or revocation of a variance may be appealed to the Planning commission H filed within fourteen (14) consecutive calendar days of the date the decision is madeL in the manner provided in - 13 - Subchapter 10L, section 9132.1 through 9132.45. SECTION 6. Section 9040.19 of the Santa Monica Municipal Code is amended to read as follows: Section 9040.19. Building Additions Extendinq Into Required Side Yard. In all residential districts, an addition to an existing building that has a non-conforming side yard may also extend into the required side yard provided all of the following' ori teria are met: (a) The add! tiOD -&does not exceed one-story and ~2 L4 feet in height~ (b) The addition -Gcontinues the facade setback line of the existing structure. ( c) The addi tiOD -&does not extend closer than four (4) feet to the side property line.!.. (d) The addition ~oes not exceed 42 15 feet in length parallel to the side property line. Th~ ::: on -- ~~:-:.~ ~~~.:!ng addit:ia!'1 .....!"!!IIIT. ....~-.z "....,...f--^....;I -~ --.....-. ~_.f-'" .........-- ~~~ -.....- requir.ed ~i== y=~= b~t ~~t z~th. - 14 - (e) The addition does not extend into both side yards. (a) (r) N= ==:~ t~=~ =~= There has been no prior ~ addition to the S.-- -...-- -L..L. IA........ ""'....."" .... 'l..__ ..~,.,.,.. --------~ .......................L............... -~._- -.,&........II;;;;i.... .....L._ .........1IOOi- &ff~ctiv~ ~a~~ 0f ~~ig C~apt~ under this section. SECTION 7. Subchapter 10Q is added to Article 9, Chapter 1, the Santa Monica Municipal Code to read as follows: Subchapter 109. Adjustments. Section 9152.1 Purpose. An adj ustment is intended to permi t minor variations where practical difficulties, unnecessary hardships or results inconsistent with the qeneral purpose of this Chapter would occur from its strict li teral interpretation and enforcement. Adjustments are modifications of lesser significance than variations allowed by variance. Section 9152.2 Application. APplication for an adjustment shall be filed in a manner consistent with the requirements contained in subchapter 10J, section 9130.1 through 9130.6. - 15 - section 9152.3 Applicability. The Zoninq Administrator may qrant an adjustment from the requirements of this Chapter to: (a) Allow modirication of parcel coveraqe requlations by up to fi ve (5) per cent of the total lot area for additions to existing structures. (b) Allow moditication of the n1l1'nher of required parking spaces by up to one (1) per cent ot the nnmher of required spaces. (c) Allow the modification of fence heigbts by up to one (1) foot. (d) Allow the modification or side yard setback requirements by up to six (6) inches, but in no case resultinq in a setback of less than four (4) feet. (e) Allow the modification of building heights by up to six (6) inches on parcels whicb have a qrade differential of five (5) feet or more, 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 - 16 - side parcel line to any point on the opposing side parcel line. sectioD. 9152.... Notice of Application.. (a) within fourteen (14) consecutive calendar days after determination that an application is complete, the Zoning Administrator shall give notice of the applieation by mail, postaqe prepaid, to all owners and residential and commercial tenants of property within a radius of 100 feet from the exterior boundaries of the property involved in the application.. For this purpose, the last known name and address of each property owner as contained in the records of the Los Angeles County Assessor shall be used.. The address of the residential and commercial tenants shall be determined by visual site inspection or other reasonably accurate means. The applicant shall provide a list of property owners and tenants within the prescribed area of notification and shall sign an affidavit verifying that the list has been prepared - 17 - in accordance with the procedure outlined in this section. (b) All notices of an application for an adjustment shall state the nature of the request, the location of the property, and the manner in which addit.ional information may be received. The notice shall also state t.hat the deadline in which to request a public hearing is fourteen (14) days from the mailinq of the notice of application for an adjustment. section 9152.5 Request for Public Hearing. Any person receiving not.ice pursuant to Section 9152.4 may, wi tbin fourteen (14 ) consecutive calendar days after the date of the notice, request that a public hearing be conducted. Such request must be in wri tinq and received by the zoning Administrator wi thin the time indicated. If a request is timely made, a public hearing shall be held within forty-five (45) consecutive calendar days of receipt of the request. Notice of such hearing shall be given in the manner provided in section 9152.4. - 18 - sec~ioD 9152.6 Review and Findings. within fourteen (14) consecutive calendar days followinq a public hearinq or expiration of the time in which ~o request a hearinq pursuant to Section 9152.5, the zoning Administrator shall prepare a written decision which shall contain the findinqs of fact upon which such decision is based. The Zoninq Administrator may approve an adjustment application in whole or in part, with or without conditions, if all of the followinq findings are made: (a) There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundinqs, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification. (b) The granting of such adjustment will not be detrimental nor injurious to the property or improvements in the qeneral vicinity and district in which the property is located. - 19 - (c) The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships, not ineludinq economic difficulties or economic hardships. (d) The qranting of an adjustment will not be contrary to nor in conflict wi th the general purposes and intent of this Chapter, nor to the 90als, objectives, and policies of the General Plan. Ce) The adjustment would Dot impair the inteqrity and character of the district in which it is to be located. (f) The subject site is physically suitable for the proposed adjustment. (9) There are adequate provisions for water, sanitation, and public utilities and services to insure that the proposed adjustment would not be detrimental to public health and safety. (b) For the reduction of the automobile parkinq space requirements, the reduction is based and conditioned upon an approved parkinq reduction plan that incorporates transportation control measures that bave been demonstrated to - 20 - be effective in reducing parking needs and that are monitored, periodically reviewed for continued effectiveness, and enforced by the city as contained ip section 9044.5 of this Chapter. (1) All the above specifi.~ requirements need not apply to adjustments which the Zoning Administrator finds are essential or desirable to the public convenience or welfare and are not in conflict with the General Plan and where the granting of the adjustment will not be materially detrimental nor injurious to property or improvements in the general vicinity and district in Which the property is located. (j) The strict application of the provisions 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 revocation of an adjustment may be appealed to the Planning Commission within fourteen (14) consecutive calendar - 21 - days of the date the decision is made, in the manner provided in subchapter 10L, section 9132.1 throuqh 9132.5. Section 9152.8 Commencement of Use. The rights granted by the adjustment shall be effective only when exercised within the period established as a condition of granting the adjustment or, in the absence of such established time periOd, one year from the date that the permit becomes effective. This time limit may be extended by the Zoning Administrator for 900d cause for a period not to exceed six (6) months upon written request by the applicant. section 9152.9 Revocation. The Zoning Administrator may, in his or her own discretion, or upon direction from the PIanninq Commission, shall, revoke any approved adjustment in accordance with the procedures set forth in Section 9113.7. SECTION 8. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no - 22 - further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 9. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not effect the validity of the remaining portions of this Ordinance. The city Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently invalid or unconstitutional. SECTION 10. 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 pub 1 ished once in the official newspaper within fifteen (15) days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: ROBERT M. MYERS City Attorney cbvartxtjhpc:df - 23 -