City Planning Division
STATEMENT OF OFFICIAL ACTION
CASE NUMBER: 06
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.
PLANNING COMMISSION ACTION
July 19, 2006
Appeal upheld, request approved based on the following findings and subject to the conditions below.
EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:
July 19, 2006
EXPIRATION DATE OF ANY PERMITS GRANTED:
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*:
* 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.
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
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 since 1950 and
was constructed in compliance with the off-street parking
standards in effect at that time.
However, 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 (
to the rear of the parcel is not adequate
given the obstacles within the alley including utility poles, trash bins,
property line walls and the irregular configuration of the alley which does not
(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.
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.
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.
will be adequate provisions for public access to serve the subject variance
proposal in that the proposed project will have vehicular and pedestrian access
(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.
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.
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.
If this is a final decision not subject to further appeal
under the City of
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
Print Name and Title