The purpose of this Chapter is to establish procedures to allow minor adjustments to the dimensional requirements, design standards and other requirements of this Ordinance when so doing is consistent with the purposes of the General Plan and the District and would, because of practical difficulties, integrity of design, topography, and similar site conditions, result in better design, environmental protection, and land use planning. This Chapter is further intended to allow modifications to preserve historic resources.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or by discretionary review in the District. In no case shall a minor modification be granted pursuant to this Chapter to permit a use or activity that is not otherwise permitted in the District where the property is located, nor shall a minor modification be granted that alters the procedural or timing requirements of this Chapter.
B. 
Subject to the requirements of this Chapter and except as provided in subsection C of this Section, the Director may grant relief from no more than 2 of the following dimensional requirements:
1. 
Setbacks. Up to 10% of the required front, side, and rear setback standards.
2. 
Build-To Line. Up to 5% of the standards for building façade location.
3. 
Floor Area Ratio in Residential Zoning Districts. Up to 5% of the maximum amount of floor area.
4. 
Height. Maximum height of buildings and structures, up to 5% or 2 feet, whichever is less. The modified height shall not exceed the maximum height permitted in the applicable land use district of the LUCE.
5. 
Transparency. Required ground-floor building transparency, up to 10% of minimum.
6. 
Parking, Loading, and Circulation. Modifications to dimensional standards that do not result in a reduction of required parking and loading spaces.
7. 
Outdoor Living Area. Allow common outdoor living area to be substituted in lieu of minimum required private outdoor living area in an equivalent amount. For the conversion of existing commercial or industrial buildings to live-work units, allow a reduction in the minimum required open space as necessary.
8. 
Bicycle Parking. Modification to the bicycle parking location requirements set forth in Section 9.28.140.
9. 
Parcel Lines. For corner parcels, consider the parcel line separating the narrowest street frontage of the parcel from the street as the side parcel line.
10. 
Exclusions. Minor Modifications pursuant to this Chapter shall not be granted for the following standards:
a. 
Parcel area, width, or depth;
b. 
Maximum number of stories;
c. 
Minimum or maximum number of required parking spaces;
d. 
Residential density; or
e. 
Maximum floor area ratio (FAR) in nonresidential zoning districts.
C. 
Subject to the requirements of this Chapter, the Director may grant relief from any of the dimensional requirements specified in subsection B of this Section for properties containing a Historic Resource.
D. 
For any Minor Modification application filed concurrently with an application that is subject to Planning Commission review, the Planning Commission may grant relief from any of the dimensional requirements specified in subsection B of this Section.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2606CCS § 13, adopted April 9, 2019; Ord. No. 2742CCS § 2, adopted April 11, 2023; Ord. No. 2814CCS, 5/27/2025)
A. 
The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or by discretionary review in the District. In no case shall a Major Modification be granted pursuant to this Section to permit a new use or activity that is not otherwise permitted in the District where the property is located, nor shall a Major Modification be granted that alters the procedural or timing requirements of this Article.
B. 
Subject to the requirements of this Chapter and except as provided in subsection C of this Section, the Director may grant relief from no more than 2 of the following requirements:
1. 
Setbacks. Up to 20% or 5 feet, whichever is less of the required front, side, and rear setback standards.
2. 
Build-To Line. Up to 20% of standards for building façade location.
3. 
Floor Area Ratio in Residential Zoning Districts. Up to 10% of the maximum amount of floor area.
4. 
Height. Maximum height of buildings and structures, up to 20% or 5 feet, whichever is less. The modified height shall not exceed the maximum height permitted in the applicable land use district of the LUCE.
5. 
Ground Floor (Floor-to-Floor) Height.
a. 
Minimum. Up to 1 foot of the required minimum ground floor (floor-to-floor) height.
b. 
Maximum. Up to 4 feet of the required maximum ground floor (floor-to-floor) height.
6. 
Landscaping. Up to 10% of the required landscaping.
7. 
Exclusions. Major Modifications pursuant to this Chapter shall not be granted for the following standards:
a. 
Parcel area, width, or depth;
b. 
Maximum number of stories;
c. 
Minimum or maximum number of required parking spaces;
d. 
Residential density; or
e. 
Maximum floor area ratio (FAR) in nonresidential zoning districts.
C. 
If the application for a Major Modification involves a project that includes the retention and preservation of a structure or improvement that is a City-designated Historic Resource, the Director may grant relief from maximum building height, maximum number of stories, required setbacks, maximum floor area ratio and building envelope requirements; permitted building height projections; permitted projections in required yard areas; access to private open space; landscaping; and provision of unexcavated yard areas.
D. 
For any Major Modification application filed concurrently with an application that is subject to Planning Commission review, the Planning Commission may grant relief from any of the dimensional requirements specified in subsection B of this Section.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2576CCS § 13, adopted 6/12/18; Ord. No. 2606CCS § 14, adopted April 9, 2019; Ord. No. 2742CCS § 2, adopted April 11, 2023; Ord. No. 2814CCS, 5/27/2025)
A. 
The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or conditionally permitted in the District. In no case shall a waiver be granted pursuant to this Section to permit a use or activity that is not otherwise permitted in the District where the property is located, nor shall a waiver be granted that alters the procedural or timing requirements of this Ordinance.
B. 
Subject to the requirements of this Chapter, the Director may grant waivers from the following requirements specified in this Ordinance:
1. 
Upper-story stepbacks.
2. 
Build-to lines.
3. 
Active commercial design standards, including transparency.
4. 
Active use requirement.
5. 
Unit mix.
6. 
Pedestrian-oriented design standards.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 13, adopted February 28, 2017; Ord. No. 2742CCS § 2, adopted April 11, 2023)
A. 
Side and Rear Setbacks, Administrative Procedure. An increased maximum height of fences, walls and hedges up to 4 feet above the height limit may be granted, subject to the procedures and application requirements specified in Section 9.43.080, Procedures and Required Findings for Fence, Wall, and Hedge Height Modifications.
B. 
Front, Side, and Rear Setbacks, Discretionary Procedure. An increased maximum height of fences, walls and hedges more than 4 feet above the height limit may be considered, subject to the procedures and application requirements specified in Section 9.43.080, Procedures and Required Findings for Fence, Wall, and Hedge Height Modifications.
C. 
Registered Existing Nonconforming Fences, Walls, and Hedges, Discretionary Procedure. An increased maximum height of registered existing nonconforming fences, walls, and hedges pursuant to Section 9.21.050(B) up to 50% above the height of the registered fence, wall, or hedge may be granted, subject to the procedures and application requirements specified in Section 9.43.080, Procedures and Required Findings for Fence, Wall, and Hedge Height Modifications.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
Authority and Duties. The Director shall approve, conditionally approve, or deny applications for Minor Modification based on consideration of the requirements of this Chapter.
B. 
Application Requirements. An application for a Minor Modification shall be submitted to the Director in accordance with Section 9.37.020, Application Forms and Fees. The application shall state in writing the nature of the modification requested and explain why the findings necessary to grant the modification can be satisfied. The applicant shall also submit plans delineating the requested minor modification.
C. 
Concurrent Processing. If a request for a Minor Modification is being submitted in conjunction with an application for another approval, permit, or entitlement under this Ordinance, it shall be heard and acted upon at the same time and in the same manner as that application.
1. 
Historic Properties. An application for a Minor Modification that involves a project that includes the retention and preservation of a Historic Resource shall also be submitted to the Landmarks Commission for review and approval pursuant to Chapter 9.56, Landmarks and Historic Districts.
D. 
The decision on the application for a Minor Modification shall be mailed to the applicant, to property owners and residents of parcels sharing common parcel lines with the subject parcel, and to other individuals who provided written notice that they wished to receive the statement of official action for this item. In addition, a notice regarding the decision on the application for a Minor Modification identifying the nature of the decision and the City website address where the determination has been posted shall be posted in an area most visible to the public and not more than 10 feet inside the front parcel line.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A. 
Authority and Duties. Applications for Major Modifications and Waivers shall be approved, conditionally approved, or denied in a Director's Hearing based on consideration of the requirements of this Chapter.
B. 
Application Requirements. An application for a Major Modification or Waiver shall be submitted to the Director in accordance with Section 9.37.020, Application Forms and Fees. The application shall state in writing the nature of the request and explain why the findings necessary to grant the modification or waiver can be satisfied. The applicant shall also submit plans delineating the requested modification or waiver.
C. 
Notice and Hearing Requirements. An application for a Major Modification or Waiver shall be heard and notice shall be provided in the manner required by Chapter 9.37, Common Procedures.
D. 
Concurrent Processing. If a request for a Major Modification or Waiver is being submitted in conjunction with an application for another approval, permit, or entitlement under this Ordinance, it shall be heard and acted upon at the same time and in the same manner as that application.
1. 
Historic Properties. For a project that includes the retention and preservation of a Historic Resource, upon receipt in proper form of a Major Modification application, a meeting with the Landmarks Commission shall be set to receive a recommendation on the proposal. Following receipt of a recommendation of the Landmarks Commission, a public hearing before the Director shall be set and notice of such hearing given in a manner consistent with Section 9.37.050, Public Notice.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2606CCS § 15, adopted April 9, 2019)
A. 
Height Modifications—Administrative Procedure. A parcel owner may request that the Director grant a modification to the height limit of a proposed side or rear fence, wall, or hedge, provided that the height modification does not extend more than 4 feet above the height limit established in Section 9.21.050, Fences, Walls, and Hedges. The Director may grant this adjustment request subject only to the following findings:
1. 
The adjacent parcel owner(s) that share a common parcel line nearest to the fence, wall or hedge have agreed to the proposed increase in height; and
2. 
The adjacent parcel owner(s) have provided verification of ownership, have executed a notarized letter agreeing to the proposed height modification, and have agreed that notice of the modification determination can be recorded on their parcel with the Los Angeles County Recorder's Office.
The Director's determination is not appealable and shall be recorded with the Los Angeles County Recorder's Office for each parcel.
B. 
Height Modification—Discretionary Procedure. If an adjacent owner does not agree to a proposed fence, wall, or hedge height modification in accordance with subsection (A), or if a parcel owner requests a height modification in excess of 4 feet in the side or rear setbacks or any modification to the height limits in the front setback, the owner may request a Director hearing to consider a modification to allow greater fence, wall, or hedge height in the front, side, or rear setback of the subject parcel, subject only to the following findings:
1. 
The subject fence, wall, or hedge will be compatible with other similar structures in the neighborhood and is required to mitigate impacts from adjacent land uses, the subject property's proximity to public rights-of-way, or safety concerns;
2. 
The granting of such modification will not be detrimental or injurious to the property or improvements in the general vicinity and district in which the property is located; and
3. 
The modification will not impair the integrity and character of the neighborhood in which the fence, wall, or hedge is located.
C. 
Height Modification of Registered Existing Nonconforming Fences, Walls, and Hedges—Discretionary Procedure. A parcel owner may request a height modification up to 50% above the height of a registered existing nonconforming fence, wall, or hedge through a Director hearing subject only to the following findings:
1. 
The adjacent parcel owner(s) that share a common parcel line nearest to the registered fence, wall or hedge have agreed to the proposed increase in height;
2. 
The granting of such modification is necessary to mitigate impacts due to physical changes on the adjacent parcel made subsequent to the registration of the nonconforming fence, wall, or hedge including, but not limited to, the construction of an additional story or stories to an existing structure;
3. 
The subject fence, wall, or hedge will be compatible with other similar structures in the neighborhood and is required to mitigate impacts from adjacent land uses, the subject property's proximity to public rights-of-way, or safety concerns;
4. 
The granting of such modification will not be detrimental or injurious to the property or improvements in the general vicinity and district in which the property is located; and
5. 
The modification will not impair the integrity and character of the neighborhood in which the fence, wall, or hedge is located.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A decision to grant a Minor Modification shall be based on the following findings:
A. 
The approval of the minor modification is justified by site conditions, location of existing improvements, architecture or sustainability considerations, or retention of historic features or mature trees;
B. 
The requested modification is consistent with the General Plan and any applicable area or specific plan;
C. 
The project as modified meets the intent and purpose of the applicable zone district and is in substantial compliance with the district regulations;
D. 
The parcels sharing common parcel lines with the subject parcel will not be adversely affected as a result of approval or conditional approval of the minor modification, including but not limited to, impacts on privacy, sunlight, or air; and
E. 
The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
A decision to grant a Major Modification or Waiver shall be based on the following findings:
A. 
The requested modification is consistent with the General Plan and any applicable area or specific plan;
B. 
The project as modified meets the intent and purpose of the applicable zone districts;
C. 
The approval or conditional approval of the requested modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or result in a change in land use or density that would be inconsistent with the requirements of this Chapter;
D. 
The approval of the requested modification is justified by environmental features, site conditions, location of existing improvements, architecture or sustainability considerations, or retention of historic features or mature trees;
E. 
The proposed design meets the Design Objectives of the Santa Monica Design Guidelines;
F. 
The proposed project will not significantly affect the properties in the immediate neighborhood as a result of approval or conditional approval of the major modification or be incompatible with the neighborhood character; and
G. 
If the modification of maximum building height; maximum number of stories; required setbacks; maximum floor area ratio and building envelope requirements; permitted building height projections; permitted projections in required yard areas; access to private open space; landscaping; or provision of unexcavated yard areas is requested as part of a project that preserves a City-Designated Historic Resource, the Review Authority must make the following findings in addition to any other findings that this Section requires:
1. 
The proposed project conforms to the Secretary of the Interior's Standards for the Treatment of Historic Properties, as amended from time to time;
2. 
The proposed project conforms to the allowable land uses permitted in the applicable Zoning District or is a legal nonconforming use authorized in accordance with Section 9.27.050;
3. 
The proposed project does not exceed the maximum unit density permitted in the applicable Land Use District of the LUCE or the existing unit density of the City-Designated Historic Resource, whichever is greater;
4. 
The proposed project's requested height modification, if any, is only sought for a project that preserves a City-Designated Landmark or Structure of Merit, and the proposed height does not exceed the following:
a. 
6 feet above the height otherwise authorized in the LUCE in the portions of the R2 District generally bound by 4th Court to the west, 14th Court to the east, Montana Avenue to the north, and Wilshire Boulevard to the south, if developed in that area; or
b. 
The height permitted in the LUCE for the highest applicable land use classification so long as the FAR does not exceed the limitations established for Tier 2 projects in the same land use classification.
5. 
The proposed project does not exceed the maximum number of stories permitted in the LUCE for the applicable land use classification if any;
6. 
Covered porches and stairs, if any, of a City-Designated Historic Resource may project a maximum 12 feet into the required front setback area or maintain their current projection if greater than 12 feet provided that the building façade complies with the front setback requirement in the applicable Zoning District;
7. 
The provision of private open space has not been modified other than the requirement that private open space be adjacent to and accessible from, and at the same approximate elevation, as the primary space of the dwelling unit;
8. 
Modification of the requirements for the provision of unexcavated area in setback areas, if any, is required because the strict application of such requirements would not allow for the preservation of the City-Designated Historic Resource; and
9. 
The applicant agrees to record a deed-restriction prior to issuance of building permit for the project establishing that the City-Designated Historic Resource will be maintained for the life of the project.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Amended by Ord. No. 2606 CCS § 16, adopted April 9, 2019; Ord. No. 2814CCS, 5/27/2025)
A. 
Appeals. Any person may appeal a decision on a minor modification; major modification; waiver; or discretionary fence, wall, and height modification pursuant to Section 9.37.130, Appeals.
B. 
Expiration, Extensions, and Modifications. Modifications granted under this Chapter are effective and may only be extended or modified as provided for in Chapter 9.37, Common Procedures.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)