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SR-021396-8B f:\atty\muni\strpts\mhs\misczo2.sr city Council Meeting 2-13-96 88 Santa Monica, California FEB 1 3 1996 TO: Mayor and City Council FROM: city Attorney SUBJECT: Ordinance Amending Santa Monica Municipal Code Section 9.04.20.10.030 Regarding Variances At its meeting on December 12, 1995, the city council adopted Ordinance Number 1834 (CCS), which amended Municipal Code Section 9.04.20.10.030, among others. This section, entitled "Applicability,U relates to variances and when the Zoning Administrator may grant a variance from the requirements of the Chapter. Subsection (1) of section 9.04.20.10.030, a previously existing subsection, was inadvertently omitted from the ordinance adopted by the City Council. The accompanying ordinance amends Section 9.04.20.10.030 by adding subsection (l) back into this Section, thereby correcting the inadvertent omission. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Marsha Jones Moutrie, City Attorney Mary H. Strobel, Deputy City Attorney 88 FE B 1 3 1996- f:\atty\muni\laws\mhs\misczo2 City Council Meeting 2-13-96 Santa Monica, California ORDINANCE NUMBER (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: 9.04.20.10.030 Applicability. 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 number 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; 1 (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) Addi tions 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 2 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: (l) 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 addi tion does not exceed two (2 ) percent of the total floor area of the building, 3 (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 4 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 required front yard setback to allow, in the case of existing development, a detached garage provided all of the following criteria are met: (l) 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; (j) Allow the modification of the side yard setback for primary windows in the OP-2, OP-J 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. 5 (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 with 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. (I} fdl~}~' 7:.t' m;:'idif.{!i'I't.or., r[~nOv,l"10:1r nr ret-=ldcn-r:lt. III n.J:1r:~.n~crmlng b~JLlrlinq .H:C;C~t~ 1C".ltllr~,; ;J,H:h .U': ~;t., i rfo~, :-.','Tfll. door:', en 1 c.:.nic J, HI..:! II{ indo...':), nr 1C'c.'turnf. thlt. Tacvjdr. =ih'.!lt.nr c.1!:d wn:..c'h, <"1::--:" lcJ[!"t..-d ~'l~ -:~ ( ("xtC'I"I~:r OJ t:-H,~ I,:ii: Hr..J, ~iuc.-h "~i d..':H':qf;, cln:Jpil!I:, or c:l....C'rC'.: vi..lk':j,..l~~;r pr:1'.:'ldC'.1: !1 ) "hC' :-0.1.:.1 ,c.,'" ..cn, rC':1c",--=, t h:1I ur "'c~!~~:{"c:nt ,", r";') '..Cirn Intrw.ive ~:"'.l-, :'n:1 d:..('~. TIt)!'. 6 ; nt.c" n:; 1 f l' :1r C"xr-! nd such ex h: t. ltic) r.on(.~on:. orr- I nq [c.] t u rm. , and C 2) : 11(' '''od: r ; C:=.H'" :.on, rr.!:-lOY.' t i em 0":'" :1-pl'H:(",:I.~."t r.dt'r~qr "r"'OVC.f; l.:'.t.'~'~ ~() T.hr nu:ll:.rICJ (~,.. l:"lprOVC"!f. trC' t...J':' L(~jlicl':'~ .u~:.th"tic.: :lppeC1.rani~p. 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 7 within ~5 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 8