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SR-400-005-22 (2) e .- ~CitYOf Santa Moniea@ City Council Report City Council Meeting: April 25, 2006 Agenda Item: ~ To: From: Subject: Mayor and City Council Andy Agle, Interim Director, Planning and Community Development Ordinance for Introduction and First Reading to Modify Santa Monica Municipal Code (SMMC) Section 9.04.08.02.080 to Allow the Modification of a Side Yard Set Back Requirement in the R-1 District Where the Combination of Contiguous Parcels Requires a Greater Side Yard Setback and to Allow the Re-division of the Combined Lots. Recommended Action It is recommended that the City Council introduce for first reading an ordinance modifying Santa Monica Municipal Code (SMMC) Section 9.04.08.02.080(g) and adding a new paragraph (h) to allow the modification of a side yard set back requirement in the R-1 district for sites where the combination of contiguous parcels creates an additional non-conforming setback and to allow of the re-division of the combined lots. The proposed Ordinance is included in Attachment A. Executive Summary The applicant requests amendment of the Municipal Code in order to add to an existing single family home on a combined contiguous parcel without necessitating relocation or partial demolition of the existing home. The applicant proposed amendment to the Zoning Ordinance would allow for the Architectural Review Board to modify the required side yard setback for an existing dwelling in such cases where the combination of 1 contiguous parcels creates additional parcel width resulting in the requirement for a proportionately greater side-yard setback. The issues that the Council could consider in reviewing the proposed ordinance are: . Are consolidated parcels of a maximum of 120 feet appropriate in the R-1? . Is the proposed ordinance consistent with the City's goals for sustainability by alleviating the need for demolition in cases where lot consolidation creates new non-conforming setbacks? . Is the Architectural Review Board the appropriate body to a review and approve the side yard setback modification associated with the proposed lot consol idation? Background The applicant currently resides at 234 15th Street. In order to accommodate a 1,382 square foot addition to the existing house, the adjoining property to the west was purchased and plans were prepared for the addition that would develop both parcels as a single site. A plan check application was submitted in March 2005, and staff recognized that combination of the contiguous parcels would create a new non- conformity. 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 existing dwelling has only a 5 foot setback from the east property line. Once the two fifty foot wide parcels are combined to create a 100 foot wide parcel, the required minimum setback becomes 10 feet. The project does not meet the parcel size or irregular lot configuration applicability 2 requirement to request a setback variance and, therefore, the proposed addition could not be permitted 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. The applicant believes these options are not feasible and is seeking an amendment to the Zoning Ordinance to allow for the modification of the required side yard set back for the existing dwelling. Discussion Proposed Ordinance Amendment The proposed amendment would 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. Under the proposed language only one side yard setback may be modified. The proposed process is identical to that required for modifications to design standards, including side yard setbacks and step-backs, 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. 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. In order to approve the modification the Architectural Review Board must make the following findings: 3 (1) Only one of the sideyard setbacks for the existing structure may become non- conforming, and the aggregate setback for the existing structure and any new construction shall be a minimum of 30% of the total combined lot width. (2) The actual side yard setback that becomes non-conforming will not physically change; (3) The combined lot width does not exceed 120 feet. (4) 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. (5) 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. Planninq Commission Action At the February 15, 2006 hearing, the Planning Commission recommended that the City Council approve the proposed ordinance amendment. There were no members of the public who spoke in opposition. The Commission also recommended that the proposed language be altered to allow for a subsection (h) to be added to permit the applicant to untie the contiguous lots if an approval were granted but no construction took place. The Planning Commission also asked that language be included that would limit the total frontage of the tied lots to 120 feet so as not to encourage the consolidation of multiple lots, as well as clarifying language to ensure that the aggregate setback per site remains the same. The proposed ordinance has been modified to reflect these recommendations. The Planning Commission staff report and minutes can be found on-line at: http://santa-monica.org/planning/commission/agendas/pc2006/pa20060215 . htm Analvsis 4 The proposed ordinance 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 ordinance is also consistent in principle I with Land Use Element Objective 1.2, which states "Ensure compatibility of adjacent land uses, with particular concern for protecting residential neighborhoods." In keeping with the City's sustainability goals to conserve existing resources, the ordinance would allow for existing non-conforming buildings in this situation to be retained rather than demolished. The Architectural Review Board review ensures that the design is compatible with adjacent properties and would not impair neighborhood integrity or impact light and air and allows for the public participation in the design review process if there are neighborhood concerns related to setbacks, or building size, or privacy of adjacent structures. Alternatives In addition to the recommended action, the Council may: 1) Adopt the proposed ordinance with modified text language and findings to alter the proposed ARB process or to establish specific limitations such as a lot width maximum, or 2) Disapprove the proposed ordinance. 5 If the Council chooses to disapprove the proposed ordinance, property owners would not be able to combine parcels without relocating or demolishing significant portions of the existing house. Budget/Financial Impact The recommendation presented in this report does not have any budget or financial impact. Prepared by: Sarah Lejeune AICP, Senior Planner Attachments: A. Recommended ordinance language B. Illustrative Graphic Forwarded to Council: Andy Agle Interim Director, Plan ng and Community Development F:\CityPlanning\Share\COUNCIL\STRPT\2006\(r) TA tying contiguous lots with non-conforming sideyard 234 15th Street.doc 6 f:\atty\muni\laws\barry\r1sideyard-1.doc City Council Meeting 04-25-06 Santa Monica, California (CCS) ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.08.02.080 TO ALLOW THE MODIFICATION OF A SIDE YARD SET BACK REQUIREMENT IN THE R-1 DISTRICT WHERE THE COMBINATION OF . CONTIGUOUS PARCELS REQUIRES A GREATER SIDE YARD SETBACK AND TO ALLOW THE RE-DIVISION OF COMBINED PARCELS WHEREAS, Santa Monica Municipal Section 9.04.08.02.070(i) requires the minimum setback for each side yard to be equal to ten percent (10%) of the parcel width or a minimum of three (3) feet six (6) inches, whichever is greater, and requires the required minimum amount of both side yard setbacks to equal thirty percent (30%) of the parcel width, but in no case greater than a total of forty-five (45) feet; and WHEREAS, Santa Monica Municipal Code Section 9.04.06.010(g) allows a building to cross the property line for parcels under common ownership, but requires the project to comply with all applicable requirements for the consolidated site configuration; and WHEREAS, a fifty (50) foot wide parcel would require total side yard setbacks of thirty percent (30%) of the lot width (15 feet), with a minimum setback of five (5) feet on one side; and 1 WHEREAS, when fifty (50) foot wide parcels are combined to create a one hundred (100) foot wide parcel, the required minimum setback would become ten (10) feet; and WHEREAS, the applicant of the proposed text amendment seeks to enlarge an existing house across an adjoining parcel which he also owns but the existing dwelling is only setback five (5) feet from the east property line; and WHEREAS, under the existing Zoning Ordinance, the combination of the contiguous parcels would create a new non-conforming setback and would therefore not be authorized; and WHEREAS, the proposed text amendment would 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; and WHEREAS, the Planning Commission considered the proposed text amendment at a public hearing on February 15, 2006; and WHEREAS, the Planning Commission unanimously recommended that the City Council approve the request with certain modifications that are included in the proposed text amendment; and WHEREAS, the City Council held a public hearing on this proposed text amendment on April 25, 2006; and WHEREAS, the proposed text amendment is consistent in principle with Land Use Element Objective 1.1 which states that the quality of life for all residents should be 2 improved by providing a balance of land uses that are consistent with the objective of insuring fair treatment of property owners and residents of the City and is 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;" and WHEREAS, 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 structures instead of requiring that part of the residence be demolished and the combination of parcels would only be allowed if the adjacent properties are not adversely impacted by the combination of parcels, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9.04.08.02.080 is hereby amended to read as follows: Section 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: 3 (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 step backs 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. 4 (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 Section 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 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. 5 (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. (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. 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. 6 (Q) Any existinQ structure that would not comply with the minimum side yard setback of ten percent of the parcel width required by Section 9.04.08.02.070(i) due to the combination of two contiQuous parcels into a sinQle buildinQ site. The Architectural Review Board may approve a modification to the minimum side yard setback provided the followinQ findinQs of fact are made: (1) Only one of the side yard setbacks for the existinQ structure would become non-conforminQ due to the combination of contiQuous parcels, (2) This non-conforminQ side yard setback would not physically chanQe, (3) The aQQreQate setback on the combined lots shall be a minimum of thirty percent of the total combined lot width. (4) The combined lot width shall not exceed one hundred twenty feet. (5) The QrantinQ of the desiQn modification will not be detrimental nor iniurious to the property or improvements in the Qeneral vicinity and district in which the property is located. 7 (6) The QrantinQ of the desiQn modification will not impair the inteQrity and character of this R1 neiQhborhood, nor impact the liQht, air, open space, and privacy of adiacent properties. (h) In the event the property owner seeks to re-divide a parcel created throuQh the combination of contiQuous lots after the Architectural Review Board has acted pursuant to subsection (Q) of this Section, the Architectural Review Board may approve such a re-division provided the followinQ findinQ of fact is made: No construction has taken place since the oriQinal combination of parcels. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, 8 or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~.~~ MA HA JON MOUTRIE City Attorney 9 Attachment 8 Illustrative Graphic 100 ( r - - - - - .-- I lSD /..-:. p- --I 1 I I I \ I I I J I I I I I I I 101 J---~----_~___~~ 101 56' sot When two 50' wide lots are combined, the minimum sideyard changes from 5' to 10'. The existing structure with a 5' setback becomes non-conforming.