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City Council Meeting 2-27-96 Santa Monica, California
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Santa Monica Municipal Code
section 9.04.20.10.030 Regarding Variances
INTRODUCTION
At its meeting on February 13, 1996, the City Council introduced
for first reading an ordinance amending Santa Monica Municipal Code
Section 9.04.20.10.030 regarding variances. The ordinance is now
presented to the city Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, city Attorney
Mary H. Strobel, Deputy City Attorney
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city Council Meeting 2-27-96 Santa Monica, California
ORDINANCE NUMBER 1843 (GGS)
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 9.04.20.10.030
REGARDING VARIANCES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code section 9.04.20.10" 030
is amended to read as follows:
'.04.20.10.030 AppHcabili ty.
The Zoning Administrator may grant a variance from
the requirements of this Chapter to:
(a) Allow modification of the minimum lot sizes or
minimum parcel dimensions;
(b) Allow the modification of the nlnnher and
dimensions of automobile parking spaces, loading spaces,
and driveway requirements including those set by
Performance Standards, Use Permit Special Standards,
Special Conditions for Conditional Uses, regulations of
the various zoning districts, the Off-Street Parking
Requirements, and the Off-Street Loading Requirements;
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(c) Allow the modification of fence heights:
(d) Allow the modification of yard setbacks or
parcel coverage on:
(1) Parcels having a depth of 90 feet or less
or a width of 39 feet or less,
(2) Nonrectilinear parcels or rectangular
parcels on which parallel property lines differ in length
a minimum of five feet,
(3) Parcels with a 12.5-foot grade differential
or more, as measured 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 existing
building which is nonconforming as to yard setbacks,
where such addition follows the line of the existing
building but in no case is closer than four feet to a
property line,
(5) Parcels in the CM District on which
relocated structures that are identified on the
Historical Resources Survey as having a value of 1
through 5D or which 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 more than 15
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percent of one side yard setback, and into 15 percent of
either the front or rear yard setback, and, except in
those zones where an increase in parcel coverage for
state density bonus projects is already permitted, allow
an increase in parcel coverage by no more than ten
percent of parcel area. In no case shall a rear yard
setback of less than five (5) feet be allowed;
(f) Allow buildings to exceed district height
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 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,
(2) To allow an addition to an existing
structure that is legally nonconforming as to height
provided the addition does not exceed the height line of
the existing building;
(g) Allow an addition to an existing building that
is legally nonconforming as to height provided all 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 of the total floor area of the building,
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(3) The addition does not increase lot
coverage or the overall footprint of the building,
(4) The addition does not increase the density
or number of inhabitants or increase the intensity of use
of the building,
(5) The addition otherwise conforms to the
regulations of the district in which it is located,
(6) There is no feasible alternative method of
attaining the desired use,
(7) There is no substantial adverse impact to
adjacent buildings, existing streetscape, privacy, nor
significant increases to the mass and bulk of the
building;
(h) Allow the replacement of an existing residential
building in an OP District that is legally nonconforming
as to height where the parcel has a grade differential of
12.5 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 side parcel line to any
point on the opposing side parcel line provided the
following criteria are met:
(1) The replacement structure does not exceed
the height line of the existing building,
(2) The replacement structure does not
increase the density or square footage beyond the
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existing structure or increase the intensity of use of
the building,
(3) The replacement structure otherwise
conforms to the regulation of the district in which it is
located,
(4) There is no substantial adverse impact to
adjacent buildings, existing streetscape, privacy, nor
significant increases to the mass and bulk of the
building;
(i) Allow the modification of the reguired front
yard setback to allow, in the case of existing
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;
(jl 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.
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(k) Allow an additional story which would otherwise
not be permitted for an existing residential structure
provided all of the following criteria are met:
(1) The existing structure has a finished
first floor level that is more than three feet above
average natural grade or theoretical grade,
(2) The street frontage and overall massing
are compatible wiT.h the existing scale and neighborhood
context,
(3) The addition does not enlarge the first
floor of the existing residence such that a
non-conforming condition is expanded;
(4) The overall height of the structure with
the additional story does not exceed the height limit in
feet of the zoning district in which it is located;
(5) The addition otherwise conforms to the
regulations of the district in which it is located.
(1) Allow the modification, renovation, or
replacement of nonconforming building access features
such as stairs, ramps, doors, balconies, and windows, or
features that provide shelter and which are located at
the exterior of the building, such as awnings, canopies,
or covered walkways, provided:
(1) The modification, renovation or
replacement is no more intrusive than, and does not
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intensify or expand such existing nonconforming features,
and
(2) The modification, renovation or
replacement either improves access to the building or
improves the building's aesthetic appearance.
SECTION 2. 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 further, is
hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 3. 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 competent
jurisdiction, such decision shall not affect 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 declared invalid or
unconstitutional.
SECTION 4. 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
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within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
~k
M1\RSHA JO:e MOUTRIE Izct
City Atto ey
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Mayor
State of Callforrua )
County of Los Angeles) ss
CIty of Santa MOllica )
I, Mana M Stewart, CIty Clerk of the CIty of Santa Monica, do hereby certIfy that the foregoIng
OrdInance No 1843 (CCS) had Its first readIng on Februarv 13. 1996 and had Its second
readmg on F ebrul11:Y 27 1996 and was passed by the follOWIng vote
Ayes CouncIl members Abdo, Genser, Greenberg, Holbrook, O'Connor,
RosensteIn
Noes Council members None
Abstam Council members None
Absent Council members Ebner
ATTEST
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CIty Clerk '
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