ITEM 7-A
Council Mtg: July 14, 1992
TO: Mayor and City Council
FROM: City Staff
ADDRESS: 3222-3232 23rd Street
Applicants: Mohammad Siadat and Mohammad Davari
Appellant: Mohammad Davari
SUBJECT: Appeal of Planning Commission Denial of Tentative
Parcel Map 21159 and Variance 92-013 to allow the
subdivision of an 11,518 sq.ft. parcel with two
existing on-site single family dwellings into two (2)
parcels of 6,293 sq.ft. (Parcel 1) and 5,225 sq.ft.
(Parcel 2). Parcel 1 has a substandard depth of 59'
and a 12' nonconforming front yard setback. Parcel 2
has a substandard depth of 88' and a nonconforming 5'
rear yard setback.
INTRODUCTION
This is an appeal of a Planning Commission denial of Tentative
Parcel Map 21159 and Variance 92-013 to allow the subdivision of
an 11,518 sq.ft. parcel in the R1 district with two existing
single family dwellings into two parcels, with substandard
lengths and nonconforming building setbacks. No changes to
existing structures are proposed.
This report recommends that the Council deny the appeal and
uphold the Planning Commission's denial of Tentative Parcel Map
21159 and Variance 92-013.
The applicant has agreed to an extension of the 30-day limit for
the City Council to act upon the appeal from July 11 to July 14,
1992.
BACKGROUND
The Planning Commission denied the applicants' request for
Tentative Parcel Map 21159 and Variance 92-013 on June 3, 1992 to
allow the subdivision of an 11,518 sq.ft. parcel in the R1
(Single Family Residential) District with two existing on-site
single family dwellings into two parcels, one equal to 6,293
sq.ft. (Parcel 1) and the other equal to 5,225 sq.ft. (Parcel 2)
(Attachment B).
The existing 11,518 sq.ft. parcel is located on the northwest
corner of 23rd Street and Dewey Street in the R1 District. An
alley is located to the north. A radius and location map is
included as Attachment F. The existing parcel dimensions are
shown on Attachment J. As indicated on the Tentative Parcel Map,
the parcel has a slightly irregular trapezoidal shape. Two
existing, one-story single family structures of 1,463 sq.ft. and
1,125 sq.ft. exist on-site. A two car garage with alley access
exists for the residence at the rear. An attached two car garage
exists for the residence at the front of the property with
existing access from 23rd Street. No changes are proposed to
existing on-site structures.
The subdivision of the existing parcel into 2 parcels is proposed
so that separate ownership may be obtained (Attachment A), with
one residence on each parcel. Parcel 1, with frontage along 23rd
Street and the alley to the north, has a 59' depth and a 107'
width for a total of 6,293 sq.ft. (Attachment I). Proposed
setbacks include a 12' front yard (along 23rd Street), 7' and 34'
side yards, and a 25' rear yard. A 20' front yard, 7'2" side
yard and 25' rear yard setback is required for the proposed
parcel. A variance is required for the substandard 59' depth;
the parcel would have a nonconforming 12' front yard and 7'
north sideyard. Code requires a minimum width of 50' and depth
of 100'. Parcel 2, with frontage along 23rd Street and Dewey
Street, has an 88' depth and a 59' width for a total of 5,225
sq.ft. Proposed setbacks include an existing 32' front yard, 12'
and 18' side yards and a 5' rear yard. A 20' front yard, a 5.9'
side yard and 25' rear yard setback is required for the proposed
parcel. A variance is required for the substandard 88' depth;
the parcel would have a nonconforming 5' rear yard setback. The
parcels meet the minimum lot size requirement of 5,000 sq.ft.
(Attachment C).
The Santa Monica Municipal Code allows modification of minimum
parcel dimensions [Section 9113.3 (a)]. The application was
denied by the Planning Commission based on findings that the
proposed subdivision is not similar to the prevailing pattern of
development in the area and that substandard setbacks would
exist. (Attachment B).
APPEAL ISSUES
The applicant appealed the denial of the tentative map and
variance application, stating that the findings of dissimilar
development pattern of the proposed parcels and inconsistency
with the General Plan are not substantiated with text or maps
from the General Plan (Attachment A). The applicant also states
that the density and land use of the property is consistent with
the General Plan and that the existing parcel has twice the
required parcel area in the R1 district. The applicant points
out that there are two lots at the west end of the block with
homes under separate ownership which are oriented in a similar
fashion to the proposed subdivision. The applicant contends that
there was no review of lots across the Los Angeles City boundary
which are similar in orientation to the proposed subdivision.
The applicant stated that a variance, granted in 1946 which
allowed construction of the second dwelling on-site, was not
addressed in the findings. The applicant also suggests that a
deed restriction running with the property to require a
Conditional Use Permit for further expansion of the existing
homes be recorded as a condition of approval.
ANALYSIS
Policy 1.1.1 of the Land Use Element of the General Plan requires
that all development be consistent with the Land Use and Zoning
Maps. While the General Plan does not specify that proposed lots
be similar to existing lots, the proposed subdivision of the
existing R1 parcel into two parcels would permit a permanent
increase in density of the existing parcel and an increase in
intensity of the land use, as two dwellings would now be
permitted where only one is currently permitted by code.
The two existing single family structures are considered to be
legal nonconforming uses pursuant to the Municipal Code. If
substantial alterations were made to either one of the structures
(a "substantial remodel" under the Municipal Code),one of the
structures would be required to be demolished. Approval of the
subdivision would allow permanent development rights for a single
family structure on each new parcel. The applicant's proposal to
require recordation of a deed restriction requiring a Conditional
Use Permit for expansion of the structure would not mitigate the
impacts of increased development rights.
Review of original building permit applications reveals that a
Variance (#682-Y) was granted to allow the construction of a
second dwelling unit to the rear of the site in 1966 (Attachment
G). The first unit on the site was built in 1955 and appears on
the plot plan for the 1966 application that was for subdivision
into two parcels. This 1966 application was not approved
(Attachment G).
The applicant points out that two other lots facing 21st Street
and Dewey Street contain single family structures that are
oriented towards 21st Street (Attachment H). The assessor's map
shows that a waiver of parcel map line divides the two lots into
parcels with dimensions and lot sizes conforming to code
requirements. It is important to note that in this case, two
parcels were reoriented from facing Dewey Street to 21st Street
with no net increase in number of parcels. However, in the
proposed subdivision, the parcel would be reoriented from Dewey
Street to 23rd Street with an increase from one to two parcels,
thus effecting an increase in density.
The applicant has submitted copies of the building permit
applications for 3221 and 3233 21st Street (Attachment I). A
single family dwelling was constructed on-site in 1948 oriented
towards 21st Street. The second dwelling was constructed in 1988
and is also oriented towards 21st Street. A required 25' front
yard setback is provided for both structures (Attachment H & I).
The applicant contends that there was no review of lots over the
City boundary line in Los Angeles. The Santa Monica Municipal
Code does not suggest taking into account the development pattern
of a neighboring jurisdiction.
SUMMARY AND CONCLUSION
On June 3, 1992, the Planning Commission denied Tentative Tract
Map 21159 and Variance 92-013,a request to allow the subdivision
of an 11,518 sq.ft. parcel in the R1 District into two parcels
with substandard lengths and nonconforming setbacks. The
Planning Commission denial was based on findings that the
subdivision is not in conformance with the general development
pattern of the City and that there are no special circumstances
applicable to the property, as its size and configuration are
similar to other R1 properties in the surrounding area. The
applicant states that the decision was not consistent with the
General Plan, that the density and land use is consistent with
the General Plan, that other lots to the southwest exhibit
similar characteristics as the proposed lots, and that a prior
variance permitting the construction of the second structure
on-site was not addressed. The applicant also proposes that a
deed restriction requiring a CUP for any development to the
existing structures be recorded as a condition of approval.
Approval of the Tentative Parcel Map and Variance applications
would increase the permitted intensity of land use and density of
the existing R1 parcel and prolong the existing nonconforming
nature of the structures on-site.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
REQUIRED NOTIFICATION
Pursuant to Municipal Code Section 9131.5, notice of the City
Council meeting was mailed to all owners and residential and
commercial tenants of property located within a 300 foot radius
of the project at least ten consecutive calendar days prior to
the City Council meeting. A copy of the notice is contained in
Attachment D.
RECOMMENDATION
It is respectfully recommended that the Council deny the appeal
and uphold the Planning Commission's denial of Tentative Tract
Map 21159 and Variance 92-013 to allow the subdivision of an
11,518 sq.ft. parcel in the R1 district with two existing single
family dwellings into two (2) parcels with substandard lengths
and nonconforming setbacks with the following findings:
VARIANCE FINDINGS
1. There are no special circumstances or exceptional charac-
teristics applicable to the property involved, including
size, shape, topography, location, or surroundings, or to
the intended use or development of the property that do
not apply to other properties in the vicinity under an
identical zoning classification, in that the orientation
of the parcel as currently existing is similar to sur-
rounding properties and in that the number of on-site
dwellings is legal nonconforming and that demolition of
50% or more of all exterior walls or load-bearing walls
will cause the nonconforming portion to be brought into
conformance with the code.
2. The granting of such variance will be detrimental or in-
jurious to the property or improvements in the general
vicinity and district in which the property is located, in
that the orientation and size of proposed parcels, Parcel
1 and Parcel 2, are not similar to the prevailing pattern
of development in the area, in that substandard setbacks
would exist and in that the intensity of land use and
density would increase permanently for the existing R1
parcel.
3. The strict application of the provisions of this Chapter
would not result in practical difficulties or unnecessary
hardships, not including economic difficulties or economic
hardships, in that the existing parcel fits into the es-
tablished pattern of development.
4. The granting of a variance will be contrary to or in con-
flict with the general purposes and intent of this Chap-
ter, or to the goals, objectives and policies of the
General Plan, in that the orientation and size of proposed
parcels, Parcel 1 and Parcel 2, are not similar to the
prevailing pattern of development in the area, in that the
subdivision would result in substandard setbacks, and in
that the intensity of land use and density would increase
permanently for the existing R1 parcel.
5. The variance would impair the integrity and character of
the district in which it is to be located, in that the
orientation and size of proposed parcels, Parcel 1 and
Parcel 2, are not similar to the prevailing pattern of
development in the area and in that the intensity of land
use and density would increase permanently for the exist-
ing R1 parcel.
6. The subject site is physically suitable for the proposed
variance, in that the parcel is level and the proposal is
to subdivide the existing parcel into two parcels with no
change to existing structures.
7. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
variance would not be detrimental to public health and
safety, in that the proposal is subdivide an existing par-
cel into two parcels with all amenities on-site.
8. There will be adequate provisions for public access to
serve the subject variance proposal, in that access to
Parcel 1 exists from Dewey Place North and access to Par-
cel 2 exists from 23rd Street and no changes to access are
proposed.
9. The strict application of the provisions of Chapter 10 of
the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance would not result in unreasonable deprivation of
the use or enjoyment of the property, in that the proposal
existing parcel is developed with two single family struc-
tures and no changes are proposed.
TENTATIVE PARCEL MAP FINDINGS
1. The proposed subdivision, together with its provision for
its design and improvements, is not consistent with ap-
plicable general and specific plans as adopted by the City
of Santa Monica, in that the proposed parcels are not
similar to the prevailing pattern of development in the
area, in that the subdivision would result in substandard
parcel lengths and setbacks, and in that the intensity of
land use and density would increase permanently for the
existing R1 parcel.
2. The site is physically suitable for the proposed type of
development, in that the proposal is to subdivide an ex-
isting parcel into two parcels with two existing single
family structures to remain and no changes are proposed.
3. The site is physically suitable for the proposed density
of development, in that the proposal is to subdivide an
existing parcel into two parcels with two existing single
family structures to remain and no changes are proposed.
4. The design of the subdivision or the proposed improvements
will not cause substantial environmental damage or sub-
stantially and avoidably injure fish or wildlife or their
habitat, in that the proposal is to subdivide an existing
parcel into two parcels with two existing single family
structures to remain and no changes are proposed.
5. The design of the subdivision or the type of improvement
will not cause serious public health problems, in that the
proposal is to subdivide an existing parcel into two par-
cels with two existing single family structures to remain
and with no changes are proposed.
6. The design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public
at large, for access through, or use of, property within
the proposed subdivision, in that the proposal is to sub-
divide an existing R1 parcel into two parcels with no
restrictions or changes to existing access.
ATTACHMENTS:
A. Appeal form dated 6/11/92.
B. Statement of Official Action dated 6/3/92.
C. Staff Memorandum to Planning Commission dated 6/3/92.
D. Notice of Public Hearing dated 7/14/92.
E. Letter from Staff to Mohammad Davari dated 6/17/92.
F. Radius and Location Map
G. Applications for Building Permits dated 3/7/55 and
6/10/66.
H. Assessor's Map, Tract No. 8052, Map Bk. 91-38 and Tract
No. 8542, Map Bk. 104-27-29.
I. Letter from L. Paul Cook to City Council dated 6/26/92.
J. Tentative Parcel Map 21159
K. Site Photographs
Prepared by: D. Kenyon Webster, Planning Manager
Susan White, Assistant Planner
Planning Division
Land Use and Transportation Management Department
ATTACHMENT B
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
PROJECT
CASE NUMBER: Tentative Parcel Map 21159 & Variance 92-013
LOCATION: 3222-3232 23rd Street
APPLICANT: Mohammad Siadat and Mohammad Davari
CASE PLANNER: Susan White, Assistant Planner
REQUEST: Application for a Tentative Parcel Map and
Variance to allow the subdivision of a 11,518
sq.ft. parcel with two existing on-site single
family dwellings into two parcels of 6,293
sq.ft. (Parcel 1) and 5,225 sq.ft. (Parcel 2).
Parcel 1 has a substandard length of 59' and a
12' front yard setback. Parcel 2 has a sub-
standard length of 88' and 5' rear yard
setback.
CEQA STATUS: Categorically exempt per the City of Santa
Monica Guidelines for Implementation of CEQA;
Class 5.
PLANNING COMMISSION ACTION
6/3/92 Date.
Approved based on the following findings and
subject to the conditions below.
X Denied.
Other.
EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED:
6/13/92 Case #VAR 92-013
6/13/92 Case #TPM 21159
VARIANCE FINDINGS
1. There are no special circumstances or exceptional charac-
teristics applicable to the property involved, including
size, shape, topography, location, or surroundings, or to
the intended use or development of the property that do
not apply to other properties in the vicinity under an
identical zoning classification, in that the property as
currently existing is similar to surrounding properties.
2. The granting of such variance will be detrimental or in-
jurious to the property or improvements in the general
vicinity and district in which the property is located, in
that the orientation and size of proposed parcels, Parcel
1 and Parcel 2, are not similar to the prevailing pattern
of development in the area and substandard setbacks would
exist.
3. The strict application of the provisions of this Chapter
would not result in practical difficulties or unnecessary
hardships, not including economic difficulties or economic
hardships, in that the existing parcel fits into the es-
tablished pattern of development.
4. The granting of a variance will be contrary to or in con-
flict with the general purposes and intent of this Chap-
ter, or to the goals, objectives and policies of the
General Plan, in that the orientation and size of proposed
parcels, Parcel 1 and Parcel 2, are not similar to the
prevailing pattern of development in the area and the
subdivision would result in substandard setbacks.
5. The variance would impair the integrity and character of
the district in which it is to be located, in that the
orientation and size of proposed parcels, Parcel 1 and
Parcel 2, are not similar to the prevailing pattern of
development in the area.
6. The subject site is physically suitable for the proposed
variance, in that the parcel is level and the proposal is
to subdivide the existing parcel into two parcels with no
change to existing structures.
7. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
variance would not be detrimental to public health and
safety, in that the proposal is subdivide an existing
parcel into two parcels with all amenities on-site.
8. There will be adequate provisions for public access to
serve the subject variance proposal, in that access to
Parcel 1 exists from Dewey Place North and access to Par-
cel 2 exists from 23rd Street and no changes to access are
proposed.
9. The strict application of the provisions of Chapter 10 of
the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance would not result in unreasonable deprivation of
the use or enjoyment of the property, in that the proposal
existing parcel is developed with two single family
structures and no changes are proposed.
TENTATIVE PARCEL MAP FINDINGS
1. The proposed subdivision, together with its provision for
its design and improvements, is not consistent with ap-
plicable general and specific plans as adopted by the City
of Santa Monica, in that the proposed parcels are not
similar to the prevailing pattern of development in the
area and the subdivision would result in substandard par-
cel lengths and setbacks.
2. The site is physically suitable for the proposed type of
development, in that the proposal is to subdivide an ex-
isting parcel into two parcels with two existing single
family structures to remain and no changes are proposed.
3. The site is physically suitable for the proposed density
of development, in that the proposal is to subdivide an
existing parcel into two parcels with two existing single
family structures to remain and no changes are proposed.
4. The design of the subdivision or the proposed improvements
will not cause substantial environmental damage or sub-
stantially and avoidably injure fish or wildlife or their
habitat, in that the proposal is to subdivide an existing
parcel into two parcels with two existing single family
structures to remain and no changes are proposed.
5. The design of the subdivision or the type of improvement
will not cause serious public health problems, in that the
proposal is to subdivide an existing parcel into two par-
cels with two existing single family structures to remain
and with no changes are proposed.
6. The design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public
at large, for access through, or use of, property within
the proposed subdivision, in that the proposal is to sub-
divide an existing R1 parcel into two parcels with no
restrictions or changes to existing access.
VOTE
Ayes: Mechur, Nelson, Polhemus, Pyne, Rosenstein
Nays:
Abstain:
Absent: Gilpin, Morales
NOTICE
If this is a final decision not subject to further appeal under
the City of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, the time within which judicial review of this decision
must be sought is governed by Code of Civil Procedure Section
1094.6, which provision has been adopted by the City pursuant to
Municipal Code Section 1400.
I hereby certify that this Statement of Official Action accurate-
ly reflects the final determination of the Planning Commission of
the City of Santa Monica.
signature date
Ralph Mechur, Chairperson
Please Print Name and Title
ATTACHMENT C
Planning Commission Mtg: June 3, 1992
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Vesting Tentative Parcel Map 21159 & Variance 92-013
Address: 3222-3232 23rd Street
Applicant: Mohammad Siadat and Mohammad Davari
INTRODUCTION
Action: Application for a Vesting Tentative Parcel Map and
Variance to allow the subdivision of a 11,518 sq.ft. parcel with
two existing on-site single family dwellings into two (2) parcels
of 6,293 sq.ft. (Parcel 1) and 5,225 sq.ft. (Parcel 2). Parcel 1
has a substandard length of 59' and a 12' front yard setback.
Parcel 2 has a substandard length of 88' and a 5' rear yard
setback.
Recommendation: Denial.
Permit Streamlining Expiration Date: October 14, 1992
Subdivision Action Deadline: June 3, 1992
SITE LOCATION AND DESCRIPTION
The subject property is an 11,505 sq.ft. parcel located on the
west side of 23rd Street between Navy Street and Dewey Street
having a frontage of 194.93 feet. Surrounding uses consist of a
single family residence (R1) to the north, the City of Los An-
geles to the south, Santa Monica Airport (C5) to the east and a
single family residence (R1) to the west. Existing on-site uses
include two single family dwellings of 1,462.5 sq.ft. and 1,124.8
sq.ft. There are fourteen mature trees on the site. No changes
are proposed to the existing on-site structures, vehicle access
or landscaping.
Zoning District: R1
Land Use District: (Single Family Residential)
Existing Parcel 59.08' x 194.93' x 59.08' x 195.17' =
Area: 11,518 sq.ft.
Proposed Parcel Parcel 1 - 107' x 59' = 6,293 sq.ft.
Area: Parcel 2 - 59' x 88' = 5,225 sq.ft.
PROJECT DESCRIPTION
The applicant is requesting a Variance and Vesting Tentative
Parcel Map to subdivide an existing 11,518 sq.ft. parcel into 2
parcels of 6,293 sq.ft. and 5,225 sq.ft. Parcel 2, facing Dewey
Street, has a substandard length of 88' and, due to the proposed
lot split, the existing structure will have a nonconforming rear
yard setback of 5'. Parcel 1, facing 23rd Street, has a
substandard length of 59' and, due to the proposed lot split, the
existing structure will have a nonconforming front yard setback
of 12' and a nonconforming north side setback of a 7 feet. A
minimum depth of 100 feet and a minimum width of 50 feet are
required for an R1 parcel. Under Municipal Code Section 9113.3,
a variance may be granted to allow modification of minimum parcel
dimensions.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is inconsistent with the Municipal Code and
the General Plan in that the proposed parcels are substandard in
terms of length and required yard setbacks, and the parcels are
not similar in orientation with the existing pattern of develop-
ment along 23rd Street.
CEQA STATUS
The project is exempt per the City of Santa Monica Guidelines for
Implementation of CEQA; Class 5.
RENT CONTROL STATUS
An owner-occupied exemption exists for the two (2) existing sin-
gle family dwellings.
FEES
The project is not subject to any additional Planning fees. A
final map filing fee of $350.00 is required prior to City Council
approval if the project is approved.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Section 9130.8, within 30 days after
the subject application was deemed complete, the applicant posted
a sign on the property stating the following information:
Project case number, brief project description, name and
telephone number of applicant, site address, date, time and
location of public hearing, and the Planning and Zoning Division
phone number. It is the applicant's responsibility to update the
hearing date if it is changed after posting.
In addition, pursuant to Municipal Code Section 9131.5, notice of
the public hearing was mailed to all owners and residential and
commercial tenants of property located within a 300 foot radius
of the project at least ten consecutive calendar days prior to
the hearing. A copy of the notice is contained in Attachment B.
ANALYSIS
The applicant is proposing the subdivision of an existing 11,518
parcel into two (2) parcels in the R1 district. The existing
parcel dimensions are approximately 59' in width by 195' in
length. This corner parcel faces 23rd Street to the east, Dewey
Street to the south, and an alley to the north. There are two
existing one story single family structures on-site. No changes
are proposed to the structures. Access to an existing two car
garage exists from the alley for Parcel 1. Driveway access to
Parcel 2 exists from 23rd Street. No changes to existing access
are proposed.
Two parcels are proposed. Parcel 1, with frontage along 23rd
Street and the north alley, has a 59 foot depth and a 107 foot
width for a total of 6,293 sq.ft. Proposed setbacks include a
12' front yard (along 23rd Street), 7' and 34' side yards, and a
25' rear yard. A variance is required for the substandard 59'
depth and nonconforming 12' front yard and 7' north sideyard.
Parcel 2, with frontage along 23rd Street and Dewey Street, has
an 88 foot depth and a 59 foot width for a total of 5,225 sq.ft.
Proposed setbacks include an existing 32' front yard, 12' and 18'
side yards and a 5' rear yard. A variance is required for the
substandard 88' depth and nonconforming 5' rear yard setback.
The minimum dimensions of 50 feet in width by 100' in length and
a minimum size of 5,000 sq.ft. are required for parcels in the R1
District. Municipal Code Section 9113.3 allows the modification
of minimum parcel dimensions and yard setbacks on parcels with a
depth of 90 feet or less or a width of 39 feet or less. The ap-
plicant is requesting a variance for both lot dimensions and
front and rear yard setbacks. The parcels do meet the minimum
lot size of 5,000 sq.ft. The orientation of the two parcels, as
proposed however, are not similar to the dominant orientation of
parcels in the surrounding residential neighborhood. All other
parcels face Dewey Street and have parcel dimensions greater than
the minimum required by code. The proposed subdivision and
resulting parcels are not in accordance with this prevailing
pattern of development.
CONCLUSION
The applicant is proposing the subdivision of an 11,518 sq.ft.
into two parcels of 6,293 (Parcel 1) and 5,225 sq.ft. (Parcel 2).
A variance is requested for proposed parcel dimensions and yard
setbacks less than the minimum required. Although code permits
granting of variances for parcel dimensions and setbacks, the
orientation of the proposed parcels is not similar to the pre-
vailing pattern of development in the area.
RECOMMENDATION
It is recommended that the Planning Commission deny Variance 92-
013 and Vesting Tentative Parcel Map 21159 with the following
findings:
VARIANCE FINDINGS
1. There are no special circumstances or exceptional charac-
teristics applicable to the property involved, including
size, shape, topography, location, or surroundings, or to
the intended use or development of the property that do
not apply to other properties in the vicinity under an
identical zoning classification, in that the property as
currently existing is similar to surrounding properties.
2. The granting of such variance will be detrimental or in-
jurious to the property or improvements in the general
vicinity and district in which the property is located, in
that the orientation and size of proposed parcels, Parcel
1 and Parcel 2, are not similar to the prevailing pattern
of development in the area and substandard setbacks would
exist.
3. The strict application of the provisions of this Chapter
would not result in practical difficulties or unnecessary
hardships, not including economic difficulties or economic
hardships, in that the existing parcel fits into the es-
tablished pattern of development.
4. The granting of a variance will be contrary to or in con-
flict with the general purposes and intent of this Chap-
ter, or to the goals, objectives and policies of the
General Plan, in that the orientation and size of proposed
parcels, Parcel 1 and Parcel 2, are not similar to the
prevailing pattern of development in the area and the
subdivision would result in substandard setbacks.
5. The variance would impair the integrity and character of
the district in which it is to be located, in that the
orientation and size of proposed parcels, Parcel 1 and
Parcel 2, are not similar to the prevailing pattern of
development in the area.
6. The subject site is physically suitable for the proposed
variance, in that the parcel is level and the proposal is
to subdivide the existing parcel into two parcels with no
change to existing structures.
7. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
variance would not be detrimental to public health and
safety, in that the proposal is subdivide an existing
parcel into two parcels with all amenities on-site.
8. There will be adequate provisions for public access to
serve the subject variance proposal, in that access to
Parcel 1 exists from Dewey Place North and access to Par-
cel 2 exists from 23rd Street and no changes to access are
proposed.
9. The strict application of the provisions of Chapter 10 of
the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance would not result in unreasonable deprivation of
the use or enjoyment of the property, in that the proposal
existing parcel is developed with two single family
structures and no changes are proposed.
TENTATIVE PARCEL MAP FINDINGS
1. The proposed subdivision, together with its provision for
its design and improvements, is not consistent with ap-
plicable general and specific plans as adopted by the City
of Santa Monica, in that the proposed parcels are not
similar to the prevailing pattern of development in the
area and the subdivision would result in substandard par-
cel lengths and setbacks.
2. The site is physically suitable for the proposed type of
development, in that the proposal is to subdivide an ex-
isting parcel into two parcels with two existing single
family structures to remain and no changes are proposed.
3. The site is physically suitable for the proposed density
of development, in that the proposal is to subdivide an
existing parcel into two parcels with two existing single
family structures to remain and no changes are proposed.
4. The design of the subdivision or the proposed improvements
will not cause substantial environmental damage or sub-
stantially and avoidably injure fish or wildlife or their
habitat, in that the proposal is to subdivide an existing
parcel into two parcels with two existing single family
structures to remain and no changes are proposed.
5. The design of the subdivision or the type of improvement
will not cause serious public health problems, in that the
proposal is to subdivide an existing parcel into two par-
cels with two existing single family structures to remain
and with no changes are proposed.
6. The design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public
at large, for access through, or use of, property within
the proposed subdivision, in that the proposal is to sub-
divide an existing R1 parcel into two parcels with no
restrictions or changes to existing access.
Prepared by: Susan White, Assistant Planner
Attachments:
A. Municipal Code and General Plan Conformance
B. Notice of Public Hearing
C. Radius and Location Map
D. Vesting Tentative Parcel Map No. 21159
E. Photographs of Site and Surrounding Properties
ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Land Use
Category Element Municipal Code Project
Permitted Use Single Single Family 2 Existing Single
fam.res. Dwelling Family Dwellings
Moratorium Status N/A
Dwelling Units Single Single Family Single Family
fam.res. Dwelling Dwellings to
Remain
Parcel Dimensions 50'W x 100'L Parcel 1-
and size = 5,000 sq.ft. 107'W x 59'L=
minimum. 6,293 sq.ft
Parcel 2-
59'W x 88' L =
5,225 sq.ft.
Setbacks
Frontyard N/A 20' Parcel 1 - 12'
Parcel 2 - 32'
Sideyard N/A 7'2" Parcel 1 -
7' & 34'
Parcel 2 -
N/A 5.9 12' & 18'
Rearyard N/A 25' Parcel 1 - 25'
Parcel 2 - 5'
ATTACHMENT D
NOTICE OF DEVELOPMENT PROPOSAL
To: Concerned Persons
From: The City of Santa Monica
Subject of Hearing:
A Public Hearing will be held by the City Council on the
following request:
TIME: TUESDAY, , 1992 AT 7:30 P.M.
LOCATION: COUNCIL CHAMBER, ROOM 213, CITY HALL
1685 MAIN STREET, SANTA MONICA
HOW TO COMMENT:
The City of Santa Monica encourages public comment on this and
other projects. You or your representative, or any other persons
may comment at the City Council's public hearing, or by writing a
letter.
Letters should be addressed to:
City Council, City Clerk's Office
1685 Main Street, Room 102
Santa Monica, California 90401
MORE INFORMATION
If desired, further information on any application may be
obtained from the City Planning Division at the address above or
by calling (310) 458-8341.
The meeting facility is handicapped accessible. If you have any
special needs such as sign language interpreting, please contact
the Office of the Disabled at (310)458-8701.
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.
Esto es un aviso sobre una audencia publica para revisar
applicaciones proponiendo desarrollo en Santa Monica. Esto puedo
ser de interes a usted. Si deseas mas informacion, favor de
llamar a Elsa Gonzalez en la Division de Plantificacion al numero
(310) 458-8341.
APPROVED AS TO FORM:
D. KENYON WEBSTER
Principal Planner