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.
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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)
