O2052
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City Council Meeting 10-8-02 Santa Monica, California
ORDINANCE NUMBER 2052 eccs)
(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
WHER.EAS, Santa Monica Municipal Code Section 9.04.20.1 0.030(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 9.04.20.1 0.030(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
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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 9.04.20.1 0.030(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
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
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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 a privilege 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
amended to n3ad as follows:
Section 9.04.20.10.030 Applicability.
The Zoning Administrator may grant a variance from the requirements
of this Chapter to:
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(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 fel3t 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
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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 fifteen percent of one side yard setback,
and into fifteen percent of either the front or rear yard setback, and, except
in thOSH 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, CiS 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;
(9) 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
buildin!~,
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(2) The addition does not exceed two percent of the total floor area of
the building,
(3) The addition does not increase lot coverage orthe 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 whicl1 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,
existingl 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 alny 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
existin9 building,
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(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,
existin~1 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:
'11) 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;
m 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 13xisting residential structure provided all of the following criteria are
met:
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(1) The existing structure has a finished first floor level that is m'ore
than three feet above average natural grade or theoretical grade,
(2) The street frontage and overall massing are compatible with the
existin~1 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.
(I) Allow the mod ification, 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
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(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
inconsistencie:s 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 invaliid 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 OrdinancH. The City Clerk shall cause the same to be published once in the official
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newspaper within 15 days after its adoption. This Ordinance shall become effective thirty
days after its adoption
APPROVED AS TO FORM:
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State of California )
County of Los Angeles) ss,
City of Santa Monica )
I, Maria M. St49wart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2052 (CCS) had it's introduction on September 24, 2002, and
was adopted at the Santa Monica City Council meeting held on October 8,2002 by the
following vote:
Ayes: Council members: Holbrook, O'Connor, Bloom, Genser, Katz, Mayor
Pro Tem McKeown, Mayor Feinstein
Noes: Council members: None
Abstain Council members: None
Absent: Council members: None