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PROJECT INFORAMTION CASE NUMBER: Appeal
06- LOCATION: 2252-2256
Twenty-Eight APPLICANT/ APPELLANT/ Property Owner: Marty
Kaplan CASE PLANNER: Gina Szilak, Assistant Planner REQUEST: Appeal 06APP001 of the Zoning Administrator’s
determination for Variance 05-024 prohibiting parking in the front half of
the lot. CEQA STATUS: The project is categorically exempt from the provisions
of California Environmental Quality Act (CEQA) pursuant to Section 15301,
Class 1(e) of the State Implementation Guidelines in that the project
involves the conversion of two garages attached to the existing multifamily
dwelling units to habitual space resulting in one surface parking space
located within the front half of the lot.
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PLANNING COMMISSION ACTION
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July 19, 2006 |
Determination Date |
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Appeal upheld, request approved based on the following findings and
subject to the conditions below. |
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Denied. |
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Other: |
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EFFECTIVE
DATES OF ACTIONS IF NOT APPEALED: |
July 19, 2006 |
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EXPIRATION
DATE OF ANY PERMITS GRANTED: |
1 year |
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LENGTH OF ANY
POSSIBLE EXTENSION OF EXPIRATION DATES*: |
12 months |
* Any request for an
extension of the expiration date must be received in the City Planning Division
prior to expiration of this permit.
Each and all of the
findings and determinations are based on the competent and substantial
evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information
contained herein or in the findings are based on the substantial evidence in
the record. The absence of any particular
fact from any such summary is not an indication that a particular finding is
not based in part on that fact.
VARIANCE FINDINGS
(a)
There
are special circumstances or exceptional characteristics 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. Specifically, the property is currently subject
parcel is relatively flat, rectangular in shape with a 65-foot width and
150-foot depth and has been developed with a 4-unit apartment
building, constructed in since 1950, and
was constructed in compliance with the off-street parking
standards in effect at that time.
At the time of
construction, the property had 4 dwellings units and 3 attached garages. Some
time prior to 2002, two of
the garages were converted to habitable space without permits. In order to retain the converted habitable
space, the property must provide the three
required spaces on-site. In accordance
with SMMC Section 9.04.10.08.190,
required parking may not be located in the front one-half of any parcel unless
the vehicle is in a garage that is fully enclosed within the architecture and
structure of the main building. As the
attached garages have been converted to habitable space, there are
limited opportunities to provide all required parking in the rear-half of the
parcel.
However, the configuration of
existing improvements on the parcel can accommodate three surface
parking spaces within the rear half of the lot and one space partially located
within the front half of the parcel. This
one space is setback 60 feet from the front property line in lieu of the 75 feet
required by Code. An alternative parking
configuration or access to the parking stalls would not be feasible given the
very narrow, substandard 10 foot alley (circulation
to the rear of the parcel is not adequaterestricted
given the obstacles within the alley including utility poles, trash bins,
property line walls and the irregular configuration of the alley which does not
exit onto
(b)
The
granting of such variance will not be detrimental nor injurious to the property
or improvements in the general vicinity and district in which the property is
located in that the additional landscape area, distance of the parking stall
from the front property line, and opaque gate will mitigate the visibility of
the vehicles from the street. The
proposed design features will visually screen the surface parking area providing
adequate aesthetics, and creating a more pedestrian friendly area.
(c)
The
strict application of the provisions of this Chapter would result in practical
difficulties or unnecessary hardships, not including economic difficulties or
economic hardships in that one of the four units would lose 320 square feet of
habitable living area in lieu of providing one parking space within the front
half of the lot. The reversion of living
space to its former garage use for one unit would create an unnecessary
hardship by significantly impacting the functionality and size of the dwelling
unit. Moreover, adequate parking is
provided on-site, consistent with the intent of the Code. The proposed variance allows one parking
space within the front half of the parcel based upon adequate screening from
the street via an entrance gate, a 60-foot setback from the front parcel line to
the parking stall, and as conditioned, additional landscaping that will improve
the overall aesthetics within the surface parking area.
(d)
The
granting of a variance will not be contrary to or in conflict with the general
purposes and intent of this Chapter, and to the goals, objectives, and policies
of the General Plan. The requested variance will allow a portion of one parking
space to extend into the front half of the parcel. The Zoning Ordinance requires parking spaces
be located in the rear half of the lot to lessen the visual impact of parked
vehicles as viewed from the public right-of-way and to provide a pedestrian-oriented
environment. As conditioned, the site
will increase landscaping adjacent to the parking space. The site also currently has a gated entrance
that visually screens the four parking spaces for the building, which are based
upon the requirements in effect at the ori
(e)
The
variance would not impair the integrity and character of the district in which
it is to be located in that the neighborhood character includes multi-family
development with surface parking. Therefore, a variance which allows a portion
of one surface parking space to be located within the front half of the lot
will not adversely affect the existing character of the area. As proposed, screening of the parking area
will not impair the balance between vehicular access and pedestrian-oriented
features, which enhance the neighborhood character and aesthetics of the site.
(f)
The
subject site is physically suitable for the proposed variance in that the site
is rectangular with an existing curb cut on
(g)
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 subject property is located within a
developed urbanized environment that is adequately served by existing
infrastructure, public utilities and services. It is not anticipated that
approval of the subject application will create a need for additional utilities
or services.
(h)
There
will be adequate provisions for public access to serve the subject variance
proposal in that the proposed project will have vehicular and pedestrian access
from
(i)
The
strict application of the provisions of this Chapter would result in
unreasonable deprivation of the use or enjoyment of the property in that one
unit would be unnecessarily burdened with the loss of habitable space even
though there would still be sufficient space on the property to safely provide the
required number of on-site parking spaces.
The attached garages of the subject parcel were converted to habitable
space without a permit; however the owner will provide the requisite number of
required parking spaces and maintain larger living units for the benefit of the
residents with this approval.
CONDITIONS OF APPROVAL
Project Specific Conditions
1.
The
applicant shall remove a portion of the existing hardscape adjacent to the
first garage (unit 2254) and extend the existing planter westward to provide
additional landscaping. The increased
landscape area, configuration and planting and irrigation is subject to City
Planning and Transportation Management staff approval and shall be approved
prior to final inspection for the permits to convert the former garages to
habitable space.
Standard Conditions
2.
This
determination shall become effective July 19, 2006.
3.
This
approval applies only to the request to permit one surface parking space in the
front half of the parcel as shown on the plans dated September 27, 2005 and
subject to any special conditions. Minor amendments to the plans shall be
subject to approval by the Zoning Administrator.
4.
Except
for allowances granted by this entitlement, the applicant shall comply with all
other applicable provisions of Article 9 of the Santa Monica Municipal Code and
all other pertinent ordinances and General Plan policies of the City of
5.
This
approval shall expire twelve (12) months from the effective date, unless, in
the case of a new development, a building permit has been obtained, or in the
case of a change of use, a business license has been issued and the use is in
operation prior to the expiration date.
This approval shall also expire if the building permit expires or if the
rights granted under this approval are not exercised within one year of the
earliest to occur of the following:
issuance of a Certificate of Occupancy or, if no Certificate of
Occupancy is required, the last required final inspection for new
construction. Upon the written request
from the applicant, prior to expiration, the Zoning Administrator may extend
this period up to an additional one year.
Applicant is on notice that extensions may not be granted if development
standards, the development process, or other requirements relevant to the
project have changed since project approval.
6.
Within
ten (10) days of transmittal of this Statement of Official Action, the project
applicant shall sign a copy of the determination and return the document to the
City Planning Division. The applicant’s signature constitutes acceptance of the
conditions of approval and understanding that failure to comply with such
conditions shall constitute grounds for potential revocation.
VOTE
Ayes: Clarke,
,
Nays: Pugh
Abstain: None
Absent: Brown
NOTICE
If this is a final decision not subject to further appeal
under the City of
I hereby
certify that this Statement of Official Action accurately reflects the final
determination of the Planning Commission of the City of
_____________________________ _____________________________
Gwynne Pugh, Chairperson Date
Acknowledgement
by Permit Holder
I
hereby agree to the above conditions of approval and acknowledge that failure
to comply with such conditions shall constitute grounds for potential
revocation of the permit approval.
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Print Name and Title |
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Applicant’s Signature |
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