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SR-400-004-01 (3) PCD:SF:JT:AS:JL:BR:f:\plan\share\council\strpt\2002\TA02-002.doc Council Mtg: September 24, 2002 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Section 9.04.20.10.030(K) Regarding Processing of Variance Applications to Exceed Maximum Building Height and Number of Stories. INTRODUCTION This report recommends that the City Council introduce for first reading an ordinance modifying the variance applicability chapter of the Zoning Ordinance to facilitate processing of both additional story and building height variances. The proposed ordinance is contained in Attachment A. BACKGROUND On March 28, 2000, the City Council unanimously voted (with one member absent) to direct staff to initiate a text amendment to the variance section of the Zoning Code. The Zoning Ordinance allows independent variance applications from the number of stories requirements and building height requirements. However, it does not allow these to be processed or approved together. This amendment is intended to provide a process where both variance requests can be considered. The City Council’s direction intended that the amendment would facilitate the ability to apply for a building height and number of stories variance under appropriate circumstances. On April 3, 2002, the Planning Commission adopted Resolution No. 02-002 authorizing 1 staff to prepare a text amendment in accordance with the City Council’s direction. On May 1, 2002, the Planning Commission unanimously voted to recommend approval, with modifications, of the text amendment to the City Council. ANALYSIS Proposed Ordinance The proposed amendment enables an individual to request a variance authorizing both an additional story and an increase in the building height beyond the standards set forth in the Zoning Ordinance. Each of these two variance provisions currently exist separately and will remain unchanged except for the opportunity to process, and have them approved, together. Additionally, there is no change to any of the existing criteria and no change to the required findings that must be made in order to grant the requested variance. Like all other variance determinations, it remains subject to appeal to the Planning Commission. Variance eligibility for building height modifications relates to two primary factors, a) the parcel’s topography must have a slope of at least 12.5-feet as measured between any point on the front and rear property lines or the opposing side property lines, or b) the existing structure must be legally nonconforming as to its height. As for an additional story variance, the key criterion that must be met is having a finished first floor that is more than 3-feet above average natural or theoretical grade for an existing residential structure. 2 There are two possible scenarios in which an individual may request both variance in conjunction: 1) a less than substantial remodel to an existing residential structure on a parcel with a lot slope of 12.5-feet or greater between two opposite property lines with a finished first floor that is more than 3-feet above average natural or theoretical grade, and 2) a less than substantial remodel to an existing residential structure legally nonconforming as to height with a finished first floor that is more than 3-feet above average natural or theoretical grade. Other scenarios may qualify for consideration of either a building height or number of stories variance, but not both. More specifically, the proposed ordinance would principally be of benefit to residential structures on raised foundations (a feature found in older homes). It is common that these one-story structures would be considered a two-story building based on City regulations. Specifically, if the finished first floor is more than 3-feet above average natural (or theoretical) grade, that floor level is considered a second story. Consequently, the crawl space and earth beneath the home’s lower floor level, albeit unusable, is considered the first story. This limits the house to only one usable story above the raised foundation. Variance applications can be processed under SMMC Section 9.04.20.10.030(k) to allow residential structures in this situation to have an additional story (i.e. three stories by definition but two usable stories from a practical perspective). However, the language in subparagraph (k)(4) restricts their height to the maximum allowed by the applicable zoning district. Since building height is measured from average natural (or theoretical) grade, and because average natural grade on sloping lots generally falls below the foundation level of the house, the height of a multi- 3 storied structure becomes severely restricted. This amendment provides an opportunity to seek relief so an existing residential structure can be remodeled in proportion to itself and surrounding improvements. Application of the proposed amendment would extend to all existing residential structures in only the R1, R2R, OP1 and OP2 Zoning Districts, including those that have been identified as potential historic resources or are designated landmarks. While its scope would permit historic resources to apply for additional stories and building height variances, the amendment does not supplant any of the City’s existing criteria relating to preservation of these structures. Planning Commission Action The Planning Commission recommended two modifications to the proposed ordinance. The first would limit its applicability to only the R1, R2R, OP1 and OP2 zoning districts. This recommendation relates to a concern that larger residential structures in the R2, R3 and R4 zones, for example, would take advantage of this opportunity to increase building height or number of stories. Given the existing criteria that would be applicable to these combined variances and the topography of the City, staff believes the likelihood of an R2, R3 or R4 zoned property requesting a variance is low. Furthermore, the Planning Commission’s inclusion of the R1, R2R, OP1 and OP2 districts covers the areas (i.e. northerly City limits, northeast neighborhood, Sunset Park, and Ocean Park) generally exhibiting significant slopes, which is a key qualifying criterion of this variance process. 4 Secondly, the Planning Commission recommended adding language acknowledging that preservation and protection of existing residential structures is a paramount benefit of this amendment. Specifically, the Planning Commission suggested linking the ability to apply for the variance to the preservation and protection of existing structures from demolition or substantial remodel. While staff supports this concept, staff believes that the existing Municipal Code requirements already address this concern. This variance only applies to existing (emphasis added) structures. By definition new construction is not eligible to apply for this variance. As a result, the proposed amendment supports the preservation of existing structures rather than encouraging demolition. Activities meeting the City’s definition of substantial remodel (i.e. where 50% or more of the existing exterior building walls are removed or relocated for any duration of time) are considered new construction and would also not be eligible for this variance. Therefore, because it is already an inherent qualifying criterion, staff does not believe it is necessary to add specific language to the ordinance linking the ability to apply for the variance to the preservation/protection of an existing structure. The proposed language bold text is shown in Attachment A, with the representing language added by this proposed amendment. A copy of the May 1, 2002 Planning Commission staff report and meeting minutes are provided respectively in Attachments C and D. Conclusion The Zoning Ordinance currently permits variance applications from the number of 5 stories requirements (SMMC 9.04.20.10.030(k)) provided the project complies with specific standards including maximum building height requirements. While there is also a variance provision that allows modification of building height standards (SMMC 9.04.20.10.030(f)), the Zoning Ordinance prevents variance applications seeking modification of both building height and number of stories requirements. The proposed amendment would allow a variance to be sought from both the height and number of stories standards. This amendment does not change any existing language, but rather augments these provisions by creating a link between these two code sections. This amendment only applies to existing residential structures, is subject to specific criteria and provides flexibility to encourage the retention of existing residences. Findings of fact in support of the request are still required. The proposed amendments are consistent with the goals, objectives, policies and programs specified in the General Plan. This amendment would enable owners of existing, older structures to improve their residences to meet the needs of a modern household. Rather than limiting an owner’s choices, the amendment allows additions that, through the variance findings, are in keeping with the existing structure and the neighborhood. As a result, the existing structure is retained, the character of the area is not significantly changed, and demolition is made less desirable because of this option. In this way, the proposed amendment works to promote retention and rehabilitation of the City’s housing stock, including preservation of structures that have been landmarked or listed on the City’s Historic Resources Inventory. 6 CEQA Status The proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines in that CEQA applies only to projects having the potential to cause a significant effect on the environment. This ordinance does not have this potential – it simply links two existing sections of the Municipal Code to allow applications for building height and the number of stories to be considered together rather than having one preclude the ability to apply for the other. In other words, it provides the ability to seek approval for additional building height and number of stories variances, in combination, rather than simply individually. Applications made pursuant to the proposed ordinance are still individually subject to review for CEQA compliance. Public Notification Pursuant to Municipal Code Sections 9.04.20.22.050, notice of the public hearing was published in the “California” section of the Los Angeles Times newspaper at least ten consecutive calendar days prior to the hearing. Notice of the hearing was also sent to all neighborhood organizations, the Planning Commission, City of Los Angeles, and posted on the City’s Web Site. A copy of the notice is contained in Attachment B. Budget/Financial Impact The recommendation presented in this report does not have any budget or fiscal impact. 7 Recommendation It is recommended that the City Council introduce the attached ordinance for first reading. Prepared by: Suzanne Frick, Director Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Jonathan Lait, AICP, Senior Planner Bill Rodrigues, AICP, Associate Planner City Planning Division Planning and Community Development Department Attachments: A. Proposed Ordinance B. Public Notice C. Planning Commission Staff Report (without attachments) D. Planning Commission Minutes 8 ATTACHMENT A AMENDMENTS TO THE COMPREHENSIVE LAND USE AND ZONING ORDINANCE OF THE CITY OF SANTA MONICA PROPOSED TEXT AMENDMENT TO THE ZONING ADMINISTRATION SUBCHAPTER OF THE ZONING ORDINANCE 9 f:\atty\muni\laws\barry\TA02-002-1.wpd City Council Meeting 9-24-02 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 9.04.20.10.030(k) OF THE SANTA MONICA MUNICIPAL CODE REGARDING THE PROCESSING OF VARIANCE APPLICATIONS TO EXCEED MAXIMUM BUILDING HEIGHT AND NUMBER OF STORIES WHEREAS, Santa Monica Municipal Code Section 9.04.20.10.030(f) authorizes a variance to allow buildings to exceed district height limits by no more than five feet if either the parcel’s topography has a slope of at least 12.5 feet as measured between any point on the front and rear property lines or the opposing side property lines or the existing structure is legally nonconforming as to its height; and WHEREAS, Santa Monica Municipal Code Section 9.04.20.10.030(k) authorizes a variance to allow an additional story which would otherwise not be permitted for an existing residential structure under specified criteria; and WHEREAS, one of the criteria for seeking an additional story variance is that the overall height of the structure not exceed the height limit of the zoning district in which the property is located; and WHEREAS, given these requirements, variance applications for modification of both building height and number of stories cannot be processed or approved; and 10 WHEREAS, there are circumstances in which it would be appropriate to consider variance applications for both building height and number of stories if the Zoning Ordinance did not otherwise preclude this possibility; and WHEREAS, the proposed text amendment would allow variances to be sought from both the height and number of stories standards, but would not otherwise change the requirements for issuance of these variances; and WHEREAS, on April 3, 2002, the Planning Commission conducted a public hearing to adopt a Resolution of Intention which stated the Commission’s intention to modify Santa Monica Municipal Code Section 9.04.20.10.030(k); and WHEREAS, on May 1, 2002, the Planning Commission held a public hearing on the proposed zoning text amendment and forwarded a recommendation to the City Council to adopt the proposed amendments with modifications; and WHEREAS, the Planning Commission, in part recommended that the amendment be limited to the R1, R2R, OP1, or OP2 zoning districts; and 11 WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Text Amendment on September 24, 2002; and WHEREAS, the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, specifically, Land Use Element Objective 1.10 which states that the City’s land use policies should seek to “expand opportunity for residential land use while protecting the scale and character of existing neighborhoods” in that the proposed amendment would promote retention and rehabilitation of existing residential structures by giving property owners another alternative to demolition and reconstruction of residential buildings and Land Use Element Objective 1.1 which states that the City’s land use policies should seek to “insure fair treatment of property owners and residents in the City” in that the proposed amendment gives property owners the ability to seek relief from the maximum building height and number of stories provisions of the Zoning Ordinance when the physical characteristics of their property act to deprive the owner of aprivilege granted to other properties in the neighborhood; and WHEREAS, the City Council finds and declares that the public health, safety and general welfare require the adoption of the proposed amendments in that the amendment would provide an alternative to demolition of existing housing by allowing the retention and rehabilitation of older, and potentially historic, residential buildings in existing residential neighborhoods, thereby, protecting the integrity of these valued resources that help to form the fabric of the City through their sense of place and rich architectural and cultural history, NOW THEREFORE, 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 hereby 12 amended to read as follows: Section 9.04.20.10.030 Applicability. The Zoning Administrator may grant a variance from the requirements of this Chapter to: 13 (a) Allow the 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; (c) Allow the modification of fence heights; (d) Allow the modification of yard setbacks or parcel coverage on: (1) Parcels having a depth of ninety feet or less or a width of thirty- nine 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 twelve-and-one-half-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; 14 (e) For projects conforming to State density bonus guidelines, allow encroachment into no more than fifteen percent of one side yard setback, and into fifteen 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 feet be allowed; (f) Allow buildings to exceed district height limits by no more than five feet in one of the following situations: (1) If a parcel has a grade differential of twelve and one-half 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 percent of the total floor area of the building, (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 15 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 twelve and one-half 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, 16 (2) The replacement structures does not increase the density or square footage beyond the 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: (1) The lot is less than one hundred 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-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; (k) Allow an additional story which would otherwise not be permitted for an existing residential structure provided all of the following criteria are met: 17 (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 nonconforming 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 unless authorized by a variance granted pursuant to subsections (f)(1) or (f)(2) of this Section for a structure located in the R1, R2R, OP1 or OP2 zoning districts, which variance may be granted concurrently with a variance authorized pursuant to this subsection (k). (5) The addition otherwise conforms to the regulations of the district in which it is located. (l) 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 buildings, such as awnings, canopies, or covered walkways, provided: (1) The modification, renovation or replacement is no more intrusive than, and does not intensify or expand such existing nonconforming features, and 18 (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 officialnewspaper within 15 days after its adoption. This Ordinance shall become effective thirty days after its adoption. APPROVED AS TO FORM: _________________________ MARSHA JONES MOUTRIE City Attorney C:\WINDOWS\TEMP\TA02-002-1.wpd 19 ATTACHMENT B NOTICE OF PUBLIC HEARING 20 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Ordinance for Introduction and First Reading R1, R2R, OP1 and OP2 Zoning Districts Only. APPLICANT: City of Santa Monica A public hearing will be held by the City Council to consider the following request: Ordinance for introduction and first reading to amend Section 9.04.20.10.030 of the City’s Zoning Ordinance. The amendment would allow the opportunity to file concurrent variance applications to exceed the maximum permitted building height and number of stories in the R1, R2R, OP1 and OP2 zoning districts only. Presently, the Zoning Ordinance allows an applicant to file a variance to either exceed building height or the number of stories, but not both. DATE/TIME: TUESDAY, September 24, 2002, AT 6:45 p.m. LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting. Address your letters to: City Clerk Re: 02TA-002 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Bill Rodrigues, AICP, Associate Planner at (310) 458-8341, or by e-mail at bill- rodrigues@santa-monica.org. The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.santa-monica.org. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPAÑOL Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341. APPROVED AS TO FORM: ___________________________ JAY M. TREVINO, AICP Planning Manager f:\plan\share\council\notices\02ta002.doc ATTACHMENT C May 1, 2002 Planning Commission Staff Report (without attachments) 23 PCD:SF:JT:AS:JL:BR:f:\plan\share\pc\strpt\02\vartextamend.doc Planning Commission Mtg: May 1, 2002 Santa Monica, California TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Text Amendment 02-002 Address: City Wide Applicant: City of Santa Monica INTRODUCTION Action: Amend Zoning Ordinance Section 9.04.20.10.030 relative to variance applications to exceed the maximum permitted height and number of stories for existing residential structures in all zoning districts. Recommendation: That the Planning Commission recommend approval of the text amendment to the City Council to modify the City’s Zoning Code by allowing the concurrent processing of variances to exceed the maximum permitted height and number of stories for existing residential structures in all zoning districts. Permit Streamlining Expiration Date: Not applicable to text amendments. SITE LOCATION AND DESCRIPTION This amendment would apply to all existing residential structures in all zoning districts of the City. Zoning District: All Districts City Wide Land Use District: All Districts City Wide PROJECT DESCRIPTION Proposed is a Text Amendment to Section 9.04.20.10.030(k) of the Zoning Ordinance. Currently, this section authorizes the Zoning Administrator to grant a variance for an additional story that would otherwise not be permitted for an existing residential structure provided certain criteria are met and the findings for a variance can be established. One criterion requires the building height conform to the height limit of the zoning district in which it is located. This provision prohibits processing a height variance application, which is separately permitted pursuant to Zoning Ordinance Section 9.04.20.10.030(f)(1) and (2), concurrent with a request to allow an additional story. The proposed amendment would enable an individual to request a variance authorizing both an additional story and an increase in the building height beyond the standards set forth in the Zoning Ordinance. Each of these two variance provisions currently exist and 24 will remain unchanged except for the opportunity to process them together. Furthermore, the text amendment only applies to existing residential structures throughout the City. There is no change to any of the existing criteria, which will be described later in this report, and no change to the required findings that must be made in order to grant the requested variance. And, like all other variance determinations, it remains subject to appeal to the Planning Commission. The text of the proposed amendment can be found in Attachment A. CEQA STATUS The proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines in that CEQA applies only to projects having the potential to cause a significant effect on the environment. This ordinance does not have this potential. It provides the ability to seek approval for additional building height and number of stories variances. Applications made pursuant to the proposed ordinance (if adopted) are still individually subject to review for CEQA compliance. PUBLIC NOTIFICATION Pursuant to Government Code Section 65804, notice of the public hearing for the text amendment was published in the “California” Section of the Los Angeles Times newspaper at least ten consecutive calendar days prior to the hearing. Notice of the public hearing was also sent to all neighborhood organizations, the Planning Commission, City of Los Angeles, and posted on the City’s Web site. A copy of the notice is contained in Attachment B. BACKGROUND On March 28, 2000, the City Council unanimously voted (with one member absent) to direct staff to initiate a text amendment to the variance section of the Zoning Code. The amendment would authorize applicants to seek a variance to add an additional story and exceed the height limit for existing residential structures throughout the City. A copy of the March 28, 2000 City Council Minutes (Agenda Item 13-A) is contained in Attachment C. On April 3, 2002, the Planning Commission adopted Resolution No. 02-002 authorizing staff to prepare this text amendment in accordance with the City Council’s direction. A copy of this staff report, the draft Planning Commission Minutes (Agenda Item 7-A), and Resolution of Intention is contained in Attachment D. ANALYSIS A variance is intended to allow variations where practical difficulties, unnecessary hardships or results inconsistent with the general purpose of this Chapter would occur from its strict literal interpretation and enforcement. 25 This process allows property owners to seek relief from the City’s Zoning Ordinance where physical aspects of the property would impede development of a parcel inconsistent with the intent of the code. Variance applications require a noticed public hearing before the City’s Zoning Administrator whose decision is appealable to the Planning Commission. In order for a variance to be granted a number of findings must be made in support of the request. Some of these findings are summarized below (the full text can be found at Section 9.04.20.10.050 of the Santa Monica Municipal Code (page 502)): The presence of special circumstances or exceptional characteristics that ? does not apply to other properties in the vicinity and zone. The strict application of the code results in practical difficulties or ? unnecessary hardships, not including economic hardships. The strict application of the Zoning Ordinance results in unreasonable ? deprivation of the use or enjoyment of the property. The variance will not be contrary to or in conflict with the general purposes ? and intent of the Zoning Ordinance or the goals, objectives and policies of the General Plan. Section 9.04.20.10.030 of the City’s Zoning Ordinance establishes the development standards that qualify for variance consideration. Included among these at subparagraphs (f) and (k), respectively, are exceptions to the building height and number of stories. In order to be eligible for a height variance certain criteria must be satisfied. This criteria relates to two factors, a) the parcels topography must have a slope of at least 12.5-feet as measured between any points on the front and rear property lines or the opposing side property lines, or b) the existing structure must be legally nonconforming as to its height. As for an additional story variance, the key criteria that must be met is having a finished first floor that is more than 3-feet above average natural or theoretical grade for an existing residential structure. Of course, all variance applications must still be able to make the required findings in order for approval to be granted. Given various combinations of these factors (i.e. topography, development status, and scope of construction) staff has identified 2 eligible scenarios where a concurrent variance from the maximum height and number of story requirements may be requested. These are: 1) less than a substantial remodel to an improved upsloping, downsloping or sidesloping lot with a finished first floor that is more than 3-feet above average natural or theoretical grade, and 2) less than substantial remodel to an existing residential structure legally nonconforming as to height with a finished first floor that is more than 3-feet above average natural or theoretical grade. Other scenarios may qualify for consideration of only either a building height or number of stories variance. And, in some cases, applying for a variance is not even possible because the property does not exhibit any of the required qualifying features. The proposed ordinance has particular applicability to residential structures on raised foundations (a common construction technique in older homes built on sloped parcels). It is not uncommon that these one-story structures would be considered a two-story building based on City regulations. Specifically, if the finished first floor is more than 3- feet above average natural (or theoretical) grade that floor level is considered a second 26 story. Consequently, the crawl space and earth beneath the home’s lower floor level, albeit unusable, is considered the first story. This limits the house to only one usable story above the raised foundation. Variance applications can be processed under SMMC Section 9.04.20.10.030(k) to allow residential structures in this situation to have an additional story (i.e. three stories by definition but two usable stories from a practical perspective). However, the language in subparagraph (k)(4) restricts their height to the maximum allowed by the applicable zoning district. Since building height is measured from average natural (or theoretical) grade and because average natural grade on sloping lots generally falls below the foundation level of the house, the height of a multi- storied structure becomes stunted. This amendment would provide an opportunity to seek relief so an existing residential structure can be remodeled in proportion to itself and surrounding improvements. Application of the proposed amendment would extend to all existing residential structures in all City Zoning Districts, including those that have been identified as potential historic resources or are designated landmarks. While its scope would permit historic resources to apply for additional stories and building height variances, the amendment does not supplant any of the City’s existing criteria relating to preservation of these structures. Staff believes that this amendment is an important opportunity for owners of these existing, older structures to improve their residences to meet the needs of a modern household. Rather than limiting an owner’s choices, this amendment allows additions that, through the variance findings, are in keeping with the existing structure and neighborhood. As a result, the existing structure is retained, the character of the area is not significantly changed, and demolition is made less desirable because of this option. In this way, the proposed amendment works to promote retention and rehabilitation of the City’s housing stock, including preservation of structures that have been landmarked or listed on the City’s Historic Resources Inventory. At the April 3, 2002 Planning Commission meeting, the Planning Commission inquired about limiting the square footage of the second (third story by definition) story addition. Staff believes that existing variance findings ensure that a project will not be detrimental nor injurious to the improvements in the general vicinity and will not impair the integrity or character of the district in which the property is located. By not imposing a square footage restriction, there is greater flexibility to request a variance and increased likelihood of retaining older structures. Evaluating the compatibility of a proposed addition with improvements in the general vicinity will occur during the public hearing process and be based upon required findings. In order to recommend the proposed text amendment to the City Council, the Planning Commission must satisfy two findings. These findings relate to consistency with the City’s General Plan and promotion of the public health, safety and general welfare. The proposed amendment is consistent in principle with several of the goals, objectives and policies of the General Plan. Specifically, the amendment is consistent with the following: Land Use Element Objective 1.1 that states that the City’s land use policies 27 should seek to “insure fair treatment of property owners and residents in the City.” The proposed amendment gives property owners the ability to seek relief from the maximum building height and number of stories provisions of the Zoning Ordinance when the physical characteristics of their property act to deprive the owner of a privilege granted to other properties in the neighborhood. Land Use Element Objective 1.10 that states that the City’s land use policies should seek to “expand the opportunity for residential land use while protecting the scale and character of existing neighborhoods.” The proposed amendment promotes retention and rehabilitation of existing residential structures by giving property owners an alternative to demolition and reconstruction of residential buildings in order to improve their home to meet the changing needs of today’s families. Land Use Element Objective 2.1 that states that the City’s land use policies should seek to “encourage citizen and neighborhood participation in the City planning process to ensure realization of the goals of the Land Use Element.” The proposed amendment would allow concurrent processing building height and number of stories variances. The variance process involves a public hearing, which is duly noticed pursuant to the requirements of law, in order to inform the public of proposed development requests and solicit their comments either in support of or objection to the project’s scope. CONCLUSION The Zoning Ordinance currently permits variance applications from the number of stories requirements (SMMC §9.04.20.10.030(k)) provided the project complies with specific standards including maximum building height requirements. While there is also a variance provision that allows modification of building height standards (SMMC §9.04.20.10.030(f)), the Zoning Ordinance prevents variance applications seeking modification of both building height and number of stories requirements. The proposed amendment would allow a variance to be sought concurrently from both the height and number of stories standards. The amendment does not change any existing language, but rather augments these provisions by creating a link between these two code sections. This amendment only applies to existing residential structures, is subject to specific criteria and provides flexibility to encourage the retention of existing residences. Findings of fact in support of the request are still required. The proposed amendments are consistent with the goals, objectives, policies and programs specified in the General Plan. RECOMMENDATION Staff recommends that the Planning Commission recommend adoption of the text amendment to the City Council, as specified in Attachment A. TEXT AMENDMENT FINDINGS 1. The proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, specifically, Land Use Element Objective 1.1, which states that the City’s land 28 use policies should seek to “insure fair treatment of property owners and residents in the City” in that the proposed amendment gives property owners the ability to seek relief from the maximum building height and number of stories provisions of the Zoning Ordinance when the physical characteristics of their property act to deprive the owner of a privilege granted to other properties in the neighborhood. It is also consistent with Land Use Element Objective 1.10, which states that the City’s land use policies should seek to “expand the opportunity for residential land use while protecting the scale and character of existing neighborhoods” in that the proposed amendment would promote retention and rehabilitation of existing residential structures by giving property owners another alternative to demolition and reconstruction of residential buildings in order to improve their home to meet the needs of a modern household. Finally, the proposed text amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, specifically, Land Use Element Objective 2.1, which states that the City’s land use policies should seek to “encourage citizen and neighborhood participation in the City planning process to ensure realization of the goals of the Land Use Element” in that the variance process involves a public hearing, which hearing is duly noticed pursuant to the requirements of law in order to inform the public of proposed development requests and solicit the public’s comments either in support of or objection to the scope of the request. 2. The public health, safety, and general welfare require the adoption of the proposed amendment, in that the amendment would provide an alternative allowing the retention and rehabilitation of older, and potentially historic, residential buildings in existing residential neighborhoods, thereby, protecting the integrity of these valued resources that help to form the fabric of the City through their sense of place and rich architectural and cultural history. Prepared by: Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Jonathan Lait, AICP, Acting Senior Planner Bill Rodrigues, AICP, Associate Planner City Planning Division Planning and Community Development Department Attachments: A. Recommended Ordinance Text B. Notice of Public Hearing C. March 28, 2000 City Council Meeting Minutes (Item 13-A) D. April 3, 2002 Planning Commission Meeting Staff Report And Resolution Of Intention f:\plan\share\pc\strpt\02\vartextamend.doc 29 ATTACHMENT D May 1, 2002 Planning Commission Minutes 30 M I N U T E S REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA WEDNESDAY, MAY 1, 2002 CITY COUNCIL CHAMBERS 7:00 P.M. ROOM 213, CITY HALL 1. CALL TO ORDER: The meeting was called to order at 7:11 p.m. 2. PLEDGE OF ALLEGIANCE: Principal Planner Amanda Schachter led the Pledge of Allegiance. 3. ROLL CALL: Present: Barbara Brown Darrell Clarke Julie Lopez Dad Arlene Hopkins Jay P. Johnson Geraldine Moyle Kelly Olsen, Chairperson Also Present:Kimberly Christensen, AICP, Senior Planner Kyle Ferstead, Commission Secretary Suzanne Frick, Director of Planning / PCD Jonathan Lait, AICP, Acting Senior Planner Kevin McKeown, City Council Liaison Jean M. Moore, AICP, Associate Planner Bill Rodrigues, AICP, Associate Planner Barry Rosenbaum, Senior Land Use Attorney Amanda Schachter, Principal Planner Jay M. Trevino, AICP, Planning Manager 8-B. Text Amendment 02-002. The Planning Commission will conduct a public hearing to consider a text amendment to Section 9.04.20.10.030 of the City’s Zoning Ordinance. The amendment would allow the opportunity to file concurrent variance applications to exceed the maximum permitted building height and number of stories in a zoning district. Presently, the Zoning Ordinance allows an applicant to file a variance to either exceed building height Applicant: or the number of stories, but not both. (Planner: Bill Rodrigues, AICP) City of Santa Monica. 31 Associate Planner Rodrigues gave the staff report. Commissioner Hopkins asked if a square footage limitation for the addition was considered if 400 square feet would be sufficient. Mr. Rodrigues stated that a 400 square foot limitation would restrict the property owner’s flexiblity. Commissioner Johnson stated he was comfortable with the R1 District, however he expressed concern regarding other districts in the City. Mr. Rodrigues stated that most R2 Districts in the City are flat and the criteria for this Text Amendment is a “slope criteria,” with a grade differential of more than 12 ½ feet. Commissioner Johnson asked for clarification that the Text Amendment only affects slope or hillside parcels. Mr. Rodrigues answered in the affirmative and stated that the property must have an existing structure that is non-conforming to current height requirements as well. Commissioner Johnson asked City Council Liaison McKeown about the Council’s intention when they requested this Text Amendment, specifically if it is only for R1 Districts or citywide. City Council Liaison McKeown stated that this is a citywide Text Amendment and simply permits two parts of the code to be combined under the variance procedure. Commissioner Brown asked about the purpose of the original code language. Mr. Rodrigues stated that Section 9.04.20.10.030 subsection (k) qualifies only if the request does not fall under subsection (f). He stated that the Text Amendment clarifies the current law. Commissioner Moyle asked about the term “finished first floor;” whether it refers to a crawl space or a basement; and why it was not phrased an “unfinished first floor” instead. Mr. Rodrigues explained the terminology and stated that it would take another Text Amendment to amend the definitions section. He further stated that the City Council had specifically directed staff to address the variance aspect. City Council Liaison McKeown commented that the Council felt the definitions for space beneath the finished first floor could raise more issues and affect more properties. Commissioner Clarke commented that when the North of Montana Avenue development standards were developed the conclusion was reached that the bulk of the building impacts the neighbors, not adding space below grade such as a basement. Commissioner Hopkins suggested a scenario where a property owner wants to add a floor, then expand an existing basement on a slope. She asked if this 32 would be precluded. Acting Senior Planner Jonathan Lait explained that this scenario could occur on any lot, however if the lot is sloped and excavation is needed for the basement expansion, the addition of another floor could constitute the creation of a third floor, which is prohibited by code. He added that basements are currently permitted by code in residential districts. One member of the public, Russell Bennett, spoke in favor of the Text Amendment. Commissioner Dad thanked Mr. Bennett for his preservation efforts. She suggested that the Text Amendment could be limited to R1, R2 and OP Districts only. Chair Olsen pointed out that the Text Amendment language is specific. Ms. Frick stated that the Commission can amend the language. Senior Land Use Attorney Rosenbaum stated that this is a recommendation to the City Council, so any suggested changes can be forwarded to the Council for consideration. Commissioner Moyle made a motion to forward the Text Amendment to the City Council per staff report recommendations. Commissioner Hopkins seconded the motion. She suggested a friendly amendment to use the wording “to preserve existing homes” as a sixth criteria. Ms. Frick stated that this could be added to the list of requirements. Commissioner Moyle was agreeable to this suggestion. Commissioner Moyle commented on the Applicability section on page eight of the staff report, which cites criteria for issuance of a variance. She suggested that the wording include “issuance of a variance results in preservation of the integrity of existing dwelling.” Mr. Rodrigues stated that the suggested wording will result in a technical dilemma because the intent of the change is for when subsections (f) and (k) are applied for simultaneously. Commissioner Moyle commented on Mr. Bennett’s request and the “bold” lettering on subsection (k)(4). She asserted that preservation language must be added. Ms. Frick stated that staff will determine where such language should be added. Commissioner Clarke commented on the narrowness of this Text Amendment as regards the requirement for a steep grade on the property applying for the variances. The motion to forward the Text Amendment to the City Council was approved by the following vote: AYES: Brown, Clarke, Dad, Hopkins, Johnson, Moyle, Olsen. [The Commission took a break from 9:25 p.m. to 9:48 p.m.] 33 13. ADJOURNMENT: The meeting was adjourned at 10:56 p.m. 34