CITY
OF SANTA MONICA
CITY
PLANNING DIVISION
STATEMENT OF OFFICIAL ACTION
FINDINGS AND DETERMINATION OF THE ZONING
ADMINISTRATOR
|
PROJECT
INFORMATION CASE NUMBER: ADJUSTMENT
03-002 ADDRESS: 454 Twenty-Second Street LEGAL DESCRIPTION: Lot 5 in Block 8 of Tract 4389, in the City of Santa
Monica, County of Los Angeles, State of California, Recorded in Book 27,
Pages 48+23 of Maps, in the Office of the County Recorder of Said
County. ZONING DISTRICT: R-1 (Single-Family Residential) District. LOT AREA / DIMENSIONS: 7,550 square feet (50’ x 151') RENT CONTROL STATUS: Single-Family Exempt. APPLICANT: Ward Jewell, AIA PROPERTY OWNER: Craig and Karen Krull CASE PLANNER: Ava M. Pecherzewski, Associate Planner RELEVANT PRIOR PERMITS: None. REQUEST: The
applicant requests approval to allow a side yard setback adjustment that would allow the side yard of the
building to extend into the required five-foot side yard setback. Santa
Monica Municipal Code sections 9.04.20.34 (d) and (g) (Adjustments) allow the
modification of side yard setback requirements by up to six inches, but in no
case resulting in a setback of less than four feet, and allow a building to
retain nonconforming setbacks when substantially remodeled, provided that the
nonconformity of the setback is not increased, and at least 35% of the
exterior walls of the building remain.
CEQA STATUS: The project is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Sections 15301(e) and 15305(a), Class 1 and 5 of the State Implementation Guidelines in that the project involves an addition to an existing structure resulting in a minor alteration in land use, including side yard and setback adjustments. |
ZONING ADMINISTRATOR ACTION
April 1, 2003 Date
Public Notice mailed.
April
15, 2003 Deadline
date for public to request a public hearing (No requests for a hearing were
received).
May 15, 2003
Approved
based on findings and subject to conditions.
Denied
based on findings.
|
Effective
Date Of Action If Not Appealed: |
May
30, 2003 |
|
Expiration
Date: |
May
30, 2004 |
|
Length
Of Any Possible Extension: |
One
(1) year |
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 as it relates to the retention of
the nonconforming sideyard setback. Specifically, the existing structure was
constructed in 1941 and portions of the building are located in the required
side yard setback. Retention of this nonconforming wall facilitates the
preservation of the building’s architectural character, existing fireplace and
living area, which is a character-defining feature of the home.
However, there are no special circumstances or
exceptional characteristics applicable to the property involved as it relates
to the new construction. Specifically, the subject property is a standard
sized, rectangular shaped parcel with lot dimensions measuring 50’ x 151’. The
parcel is relatively flat has no mature landscaping that would preclude
compliance with setback requirements.
Moreover, there is ample opportunity to accommodate future additions
toward the rear of the parcel in compliance with applicable standards.
(b)
The granting of such
adjustment will not be detrimental nor injurious to the property or
improvements in the general vicinity and district in which the property is
located. Specifically, the adjustment allows for the retention of an existing
nonconforming condition, which facilitates the preservation of the building’s
architectural style and overall mass. All new building additions will comply
with applicable code requirements ensuring adequate provisions for light, air
and privacy. The height of the structure will increase approximately 5.5 feet
as viewed from the street elevation, but will retain the architectural
character and building proportions. As a result, the project remains compatible
with existing improvements in the general vicinity and is not anticipated to
detrimentally impact the subject property or the district in which it is
located.
(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, as it relates to the retention of the nonconforming wall constructed
in 1941. Retention of this condition
facilitates the preservation of the building’s architectural character,
existing fireplace and living area, which is a character-defining feature of
the home. Moreover, retention of the existing conforming wall encourages the
preservation of the existing architectural character, scale of design elements
and overall building proportions.
However, 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, as it
relates to the new construction. The
subject parcel is of adequate shape and size to allow development of the
property without deviating from Code requirements. No evidence has been demonstrated that there will be unnecessary
hardships associated with the proposed substantial remodel other than an
assertion of economic difficulties, which are not viable findings under State
law.
(d)
The granting of an
adjustment will not be contrary to or in conflict with the general purposes and
intent of this Chapter, nor to the goals, objectives, and policies of the
General Plan. Specifically, Objective 1.10 of the Land Use Element of the
General Plan encourages the retention of older structures while protecting the
scale and character of existing neighborhoods. Constructed in 1941, the
existing building has a nonconforming sideyard setback that, as approved, will
remain. Retention of this condition encourages the preservation of the existing
architectural character, scale of design elements and overall building
proportions.
(e)
The granting of an
adjustment for the retention of the existing nonconforming structure would not
impair the integrity and character of the district in which it is to be located
in that retention of this nonconforming wall facilitates the preservation of
the building’s architectural character, existing fireplace and living area,
which is a character-defining feature of the home.
(f)
The subject site is
physically suitable for the proposed adjustment in that the subject property is
a standard sized parcel located within an urbanized environment adequately
served by existing infrastructure and roadways. The property is currently
developed with an existing two story residence; a portion of which will be
demolished and a new second story addition constructed. The location of
existing improvements, proposed addition and the size of the parcel makes the
site suitable for the adjustment.
(g)
There are adequate
provisions for water, sanitation, and public utilities and services to ensure
that the proposed adjustment 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)
The strict application
of the provisions of this Chapter would result in unreasonable deprivation of
the use or enjoyment of the property as it relates to the retention of the
nonconforming wall constructed in 1941.
Retention of this condition facilitates the preservation of the
building’s architectural character, existing fireplace and living area, which
is a character-defining feature of the home. Moreover, retention of the
existing conforming wall encourages the preservation of the existing
architectural character, scale of design elements and overall building
proportions.
However, the strict application of the provisions of
this Chapter would not result in unreasonable deprivation of the use or
enjoyment of the property as it relates to the new construction. Specifically,
the subject parcel is a standard size lot with no physical constraints that
would prevent the applicant from complying with applicable provision. Further,
strict application of the Code does not deprive the applicant from building a
residential structure that is reduced in size, area, or any other development
standard allowed by Code or otherwise enjoyed by other parcels in the general
vicinity.
CONDITIONS
Standard
Conditions
1.
This determination
shall not become effective for a period of fourteen days from the determination
date or, if appealed, until a final determination has been made on the appeal.
2.
This approval applies
only to the request to allow the retention of the existing, nonconforming side
yard setback of 4’6” for a substantially remodeled project, as shown on the
plans dated April 17, 2003, and subject to any special conditions. Minor
amendments to the plans shall be subject to approval by the Zoning
Administrator.
3.
Except for allowances
granted by this entitlement, the applicant shall comply with all other
applicable provisions of Article IX, Chapter 9 of the Santa Monica Municipal
Code and all other pertinent ordinances and General Plan policies of the City
of Santa Monica.
4.
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 (1)
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.
5.
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.
6.
The building is allowed
to retain the existing, nonconforming side yard setback of 4’6” provided that
at least 35% of the exterior walls of the side elevation of the building
subject to the Adjustment approval shall remain, consistent with SMMC Section
9.04.20.34.030(g). All other aspects of the project shall comply with
applicable requirements.
7.
The nonconforming wall
may not be replaced, altered or removed except in accordance with Article IX,
Chapter 9 of the Santa Monica Municipal Code. Removed portions of the
nonconforming wall shall not be replaced.
APPLICANT NOTICE
This decision of the Zoning Administrator may be appealed to
the Planning Commission during a 14 calendar day appeal period following the
decision date. Such an appeal may be
made by filing an official appeal form with the City Planning Division, 1685
Main Street, Room 212, Santa Monica, CA 90401, accompanied by a filing fee of
$200.00.
I hereby certify that this Statement of Official Action
accurately reflects the final determination of the Zoning Administrator of the
City of Santa Monica.
_____________________________ _____________________________
Applicant Date
May
15, 2003
_____________________________ _____________________________
Jay M. Trevino, AICP Date
Zoning Administrator