Item 8-C * continued from January 18, 2006

 

Planning Commission Mtg: January 18, 2006 February 15, 2006   Santa Monica, California

 

TO:                  The Honorable Planning Commission

 

FROM:            Planning Staff

 

SUBJECT:     Text Amendment 05-005

                                   

Address:         R1 Single Family Residential District, City Wide

                   

Applicant:       Dan Palmer

 

INTRODUCTION

 

Action: Text Amendment 05-005 to add Section 9.04.08.02.080(g) to the Santa Monica Municipal Code to allow the modification of a side yard set back requirement in the R-1 district with Architectural Review Board approval for an existing building in such cases where the combination of contiguous parcels creates additional parcel width and requires a proportionately greater side yard setback. The text amendment applies to existing buildings which would be affected by this condition and requires that the ARB approve the modification with the findings presented in the staff report.

 

Recommendation: 

Staff recommends that the Planning Commission take the following action:

 

·        Recommend approval of Text Amendment 05-005 to the City Council

 

 Permit Streamlining Expiration Date:   Not applicable to projects with a Text Amendments.

 

 

SITE LOCATION AND DESCRIPTION

 

The subject properties are two 50 by 150 lots at 234 and 240 15th Street. The surrounding uses are all single family dwellings in the R-1 Zone north of Montana Avenue. The existing on-site use is a single family residence and an adjacent vacant lot.    

 

Zoning District:             R-1 Single Family

 

Land Use District:       Single Family Housing

 

Parcel area:                  Two contiguous parcels of 7,500 square feet to be combined to create a single 15,000 square foot parcel. 

 

PROJECT DESCRIPTION

 

Text Amendment 05-005 is proposed to add Santa Monica Municipal Code Section 9.04.08.02.080(g)  to allow the modification of a side yard set back in the R-1 district, with Architectural Review Board approval, for an existing building in such cases where the combination of contiguous parcels creates additional parcel width and requires a proportionately greater side yard setback. The owner of the parcels at 234 and 24015th Street wishes to combine the parcels into a single building site in order to accommodate a 1,382 square foot addition to the existing dwelling at 234 15th Street.

 

The recommended language from staff is in Attachment A.  The applicant’s proposed language is in Attachment B.

 

MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE

 

The proposed lot tie and building addition would be consistent with the Municipal Code and in conformity with the General Plan if the proposed Text Amendment is approved.

 

CEQA STATUS

 

The project is categorically exempt from the provisions of CEQA, pursuant to Class 5, Section 15305(a) of the State Implementation Guidelines in that the proposal allows for a minor alteration in land use limitations which includes a side yard set back modification associated with the creation of a single parcel from two contiguous parcels.

 

HISTORIC RESOURCES INVENTORY STATUS

 

The subject property is not included in the City’s Historic Resources Inventory.

 

RENT CONTROL STATUS

 

The project is a single family house and is exempt from rent control.

 

FEES 

 

The project is not subject to any special City Planning related fees.

 

PUBLIC NOTIFICATION

 

Pursuant to Government Code Section 65804, notice of the public hearing for the Text Amendment was published in the “California” Section of the Los Angeles Times newspaper at least ten consecutive calendar days prior to the hearing.  Notice of the public hearing was posted on the City’s Web site. 

 

On January 4, 2006, the applicant was notified by phone of the subject hearing date.

 

ANALYSIS

 

Background

 

The applicant currently resides at 234 15th Street. In order to enlarge the existing house, the adjoining property to the west was purchased and plans were prepared for a 1,382 square foot addition that would develop both parcels as a single site. In March 2005, a plan check application was submitted.

 

Although SMMC 9.04.06.010(g) allows a building to cross the property line for parcels under common ownership, the project must comply with all pertinent requirements for the consolidated site configuration. The 50 foot wide parcel would require a total setback of

15% of the lot width (15 feet), with a minimum setback of 5 feet.  However, once the two fifty foot wide parcels are combined to create a 100 foot wide parcel, the required minimum setback becomes 10 feet. The existing dwelling has only a 5 foot setback from the east property line. Therefore the combination of the contiguous parcels would create a new non-conformity, and is not permitted under current code unless the existing house is moved 5 feet further west, or 5 feet of the existing house is demolished to provide a 10 foot setback. Because these options are not feasible, the applicant is seeking an amendment  to the Zoning Ordinance to allow for the modification of the required side yard set back for the existing dwelling.  Further, given the parcel size and standard configuration, the project does not meet the applicability standard to request a setback variance.

 

 

Proposed Zoning Text Amendment

 

The proposed text amendment will allow the Architectural Review Board to review and approve modifications to side yard setbacks when the combination of contiguous parcels in the R1 district creates a nonconforming side yard setback for an existing building. Only  one side yard setback of existing buildings may be modified under the proposed language, all other development standards would apply to any project at the subject site. The process proposed by staff is identical to that required for modifications to design standards, including side yard setbacks and stepbacks, for single family dwellings located North of Montana Avenue.  When a lot tie is proposed, the ARB would approve the setback modification prior to the lot tie approval.

 

 In order to approve the modification The Architectural Review Board must to make the following findings:

 

   (1)   Only one of the sideyard setbacks for the existing structure shall become non-conforming, and the proposed combination of parcels will not physically increase the non-conforming sideyard setback.

   (2)   The granting of the design modification will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located.

   (3)   The granting of the design modification will not impair the integrity and character of this R1 neighborhood, nor impact the light, air, open space, and privacy of adjacent properties.

 

In addition, notification to the residents and property owners within 300 feet of the subject site would be required at least ten days prior to consideration of the matter by the ARB.      

 

The staff proposed language for additional paragraph (g) to Section 9.04.08.02.080 is as follows:

             

“(g)   Any existing structure  that would not comply with the minimum  side yard setback of 10% of the parcel width required by Section 9.04.08.02.070(i) due to the combination of two contiguous parcels into a single building site.  The Architectural Review Board may approve modifications to side yard setbacks provided the following findings of fact are made:

 

   (1)   Only one of the sideyard setbacks for the existing structure shall become non-conforming, and the proposed combination of parcels will not physically increase the non-conforming sideyard setback.

   (2)   The granting of the design modification will not be detrimental nor injurious  to the property or improvements in the general vicinity and district in which the property is located.

   (3)   The granting of the design modification will not impair the integrity and character of this R1 neighborhood, nor impact the light, air, open space, and privacy of adjacent properties.

 

The applicant’s proposed text amendment language is contained in Attachment B. Staff supports the applicant’s general proposal concept of amending the Zoning Ordinance to allow the combination of contiguous lots even though a side yard setback would not conform to the required minimum sideyard due to the increased parcel width. However, in order to remain consistent with existing policy in relation to setback modifications, staff has proposed the above alternate language that amends the Zoning Code section relating to the modification of required sideyard setbacks in the R-1 district rather than through an amended lot tie process. Staff’s proposed language requires ARB approval of the modified setback within the review process for setback modifications in the R-1 district currently in place, and requires similar findings in relation to the preservation of light, air and open space in the R-1 neighborhoods.

 

General Plan Land Use Element Compatibility

 

The proposed text amendment is consistent with Land Use Element Objective 1.1 which states that the quality of life for all residents should be improved by providing a balance of land uses that are consistent with the objective that insures fair treatment of property owners and residents of the City.  The proposed amendment is also consistent in principle with Land Use Element Objective 1.2, which states “Ensure compatibility of adjacent land uses, with particular concern for protecting residential neighborhoods.” As proposed, the text amendment would permit the owners of contiguous parcels to develop them as a single building site in order to accommodate an addition to an existing residence. In approving the side yard setback modification, the Architectural Review Board will be required to make findings that ensure that adjacent properties are not adversely impacted by the combination of the parcels.

 

Conclusion

 

Staff believes that the text amendment language as proposed by staff is appropriate as it allows for modification of sideyard setback requirements in such case that the combination of contiguous lots would result in the creation of nonconforming side yard setbacks for existing structures.   Appropriate findings must be made by the Architectural Review Board in allowing the side yard modifications that ensure that adjacent properties will not be adversely impacted. 

 

RECOMMENDATION

 

It is recommended that the Planning Commission recommend to the City Council the approval of Text Amendment 05-001 as proposed in Attachment A.

 

ALTERNATIVES

 

Other than the recommended action, the Planning Commission may:

 

·         Recommend disapproval of TA05-005 based upon revised findings and conditions.

 

TEXT AMENDMENT FINDINGS

 

1.          The proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, specifically Land Use Element Objective 1.1 which states that the quality of life for all residents should be improved by providing a balance of land uses that are consistent with the objective that insures fair treatment of property owners and residents of the City.  The proposed amendment is also consistent in principle with Land Use Element Objective 1.2, which states “Ensure compatibility of adjacent land uses, with particular concern for protecting residential neighborhoods.” As proposed, the text amendment would permit the owners of contiguous parcels to develop them as a single building site in order to accommodate an addition to an existing residence. In approving the side yard setback modification, the Architectural Review Board will be required to make findings that ensure that adjacent properties are not adversely impacted by the combination of the parcels.

 

2.         The public health, safety, and general welfare require the adoption of the proposed amendment in that additions to existing single family residences may be accommodated through the combination of contiguous parcels that create nonconforming side yard setbacks for the existing structure.  Under current Code, portions of these residences would otherwise be required to be demolished in order to comply with established side yard setback requirements. The proposed amendment will allow for the retention of existing residences if the Architectural Review Board can make the required findings that ensure that adjacent properties are not adversely impacted by the combination of the parcels.   

 

Prepared by:  Sarah D. Lejeune, Senior Planner

 

Attachments:

 

A.     Recommended text amendment language

B.     Applicant’s proposed text amendment language

C.    Illustrative Graphic

D.    Notice of Public Hearing

Attachment A

 

Recommended language:         Added language in  underlined italics

                                                       

 

 

9.04.08.02.080 Architectural review.

    No building or structure in the R1 District shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Code except:

    (a)   Properties installing roof or building-mounted parabolic antennae (only with respect to the antennae and screening);

    (b)   Duplexes;

    (c)   Any structure above fourteen feet in height that does not conform to the required yard stepbacks for structures above fourteen feet in height;

    (d)   Any structure that does not conform to the limitations on access to subterranean garages and basements;

    (e)   Any development in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, with regard to the following conditions only:

    (1)   Any development with an aggregate square footage of second floor balconies, terraces or roof decks which exceeds four hundred square feet.

    (2)   Any structure with garage doors facing the public street within the front one-half of the parcel which are not setback from the building facade a minimum of five feet.

    (3)   Any structure with balconies or porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, which project into the required front yard and which exceed fifty percent of the front building width measured at the front facade.

    (4)   Any structure with side yard setbacks that do not conform with Section 9.04.08.02.070(i) but which has minimum setbacks for each side yard equal to ten percent of the parcel width.

     (f)   The architectural review Board may approve the design modifications set forth in 9.04.08.02.080(e) provided all the following findings of fact are made:

 

(1)         There are special circumstances or exceptional characteristics applicable to the property involved, including size shape topography, surroundings, or location of the existing improvements or mature landscaping on the site.

(2)        The granting of the setback modification will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located.

     (3)       The granting of the setback modification will not impair the integrity and character of this R1 neighborhood, nor impact the light, air, open space, and privacy of adjacent properties.

     (4)       In the case of additions to buildings in the City’s historic resources Inventory, the design modification is compatible with the building’s historic architectural character, does not result in the removal of historic building features, and the addition is consistent with the secretary of the Interior Standards for rehabilitation

     (5)       The design modifications also comply with the criteria established in Section 9.32.140.

             

(g)   Any existing structure  that would not comply with the minimum  side yard setback of 10% of the parcel width required by Section 9.04.08.02.070(i) due to the combination of two contiguous parcels into a single building site.  The Architectural Review Board may approve modifications to side yard setbacks provided the following findings of fact are made:

 

 (1)       Only one of the sideyard setbacks for the existing structure shall become non-conforming, and the proposed combination of parcels will not physically increase the non-conforming sideyard setback.

  (2)      The granting of the design modification will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located.

  (3)      The granting of the design modification will not impair the integrity and character of this R1 neighborhood, nor impact the light, air, open space, and privacy of adjacent properties.

 

Any applicant for a development subject to architectural review under these provisions shall provide certification of notice to all owners and commercial and residential tenants of property within a radius of three hundred feet from the exterior boundaries of the property involved in the application, not less than ten days in advance of Architectural Review Board consideration of the matter, which notice and certification thereof shall be in a form satisfactory to the Zoning Administrator.

 

 

Attachment B

 

Applicant’s proposed language.

 

An amendment in accordance with the provision listed below and is subject to change and refinement:

 

SMMC 9.04.06.010 (g)

 

Add the following:

 

SMMC 9.04.06.010(g)(3)

An owner shall be allowed to lot tie two or more parcels of contiguous lots, notwithstanding the fact that the existing structures on the property or properties to be lot tied would then meet current municipal code requirements, including but not limited to minimum front, side and/or rear yard set back requirements. Once the lots are tied, the structures existing thereon at the time of the lot tie, shall be considered legal non-conforming uses. All new construction proposed on the combined lots shall meet the then applicable zoning code requirements.