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 Ordinance.
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.
Parcel Coverage. Up to 5% of the maximum
amount of parcel coverage.
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.
(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)
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.
Parcel Coverage. Up to 10% of the maximum
amount of parcel coverage.
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.
6.
Landscaping. Up to 10% of the required landscaping.
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 parcel coverage 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.
(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)
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:
(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.
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
Ordinance;
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 parcel coverage 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.
Six 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)
