SR-021389-12B
t . '!tJ2- ooz- . '~-6
FIiil 1 3 lJ~ti
CjED:PB:DKW:KF Santa Monica, California
PC/cc4761S
Council Mtg: February 1.3, 1.989 FEB 2 0 1990
TO:
Mayor and city Council
FROM:
city staff
SUBJECT:
Appeal of a
Construct a
Street.
Applicant:
Appellant:
Planning Commission Denial of CUP 89-028 to
Two Story Accessory Building at 476 - 18th
William Zurowski
Craig Mordoh, Attorney
INTRODUCTION
This report recommends that the City Council deny the appeal of
CUP 89-028 requesting a second story addition over a detached
garage which was denied by the Planning Commission. The site,
located at 476 Eighteenth street, is in an Rl single family
residential district. Although the garage already exists at 19
feet in height, Section 9055.12 of the Municipal Code requires
approval of a Conditional Use Permit prior to creating a second
story. On October 25, 1989, the Planning commission denied the
Conditional Use Permit 89-028 to construct a second level in the
garage at the site.
BACKGROUND
On July 16, 1987, an application for a Use Permit ZA 5246 - U was
filed to request a second story over a detached garage at 476
Eighteenth street. The Zoning Administrator determined that the
proposed use and location were not in accordance with good zoning
practice and denied Use Permit ZA 5246 - U on September 15, 1987.
12-B
- 1 -
F~ 1 B lDg~
FEB 2 0 1990
.
.
On August 17, 1988, the Building and Safety Division determined
that a second story in the garage was being condstructed on the
site without a building permit. Two additional notices regarding
the violation were sent on September 7 and 27, 1988. The owner
filed a building permit application on November 4, 1988, at which
time the Planning Division determined a Conditional Use Permit
for the proposed second story addition was necessary. The owner
then filed Conditional Use Permit 89-028 on May 1, 1989. The
Planning Commission denied the application October 25, 1989.
ANALYSIS
Proposed is the addition of a second story to a garage, which is
located at the rear of the property. The l:lxterior shell of the
garage was constructed with appropriate pel~its, but the second
story was added by the applicant without Planning or Building and
Safety approvals.
The applicant proposes to build a 525 square foot second floor to
use as a changing room for the existing pool, while maintaining
the same amount of square footage on the first floor for the
garage area. The garage is 25 feet in length and 21 feet in
width, which is larger that the 20 feet by 18 feet required by
the Zoning Ordinance for a two car garage.
The detached garage is set back 6 feet from the side and 25 feet
from the rear property line, as required by the Zoning ordinance
for second story accessory buildings. The overall height of the
accessory structure is 19 feet. The existing single family home
- 2 -
.
.
complies with the property development standards as listed in the
zoning ordinance.
The owner filed Conditional Use Permit 89-028 application on May
1, 1989. The Planning Commission reviewed the proposed second
story addition on October 25, 1989 (See attached staff report and
statement of Official Action) and denied the request. Section
9055.12 of the Santa Monica Municipal Code allows a maximum of
650 square feet, including garage space, for a detached accessory
building. The applicant proposed approximately 1,050 square feet
of accessory building. Given the 650 square feet limitation of
the Code, the Planning Commission denied th.:! CUP. The code does
not provide for an exception to the 650 square foot standard.
The Planning Commission expressed their concerns about setting a
precedent which would allow other resident~; to convert detached
garages to two story accessory buildings. The Zoning Ordinance
does not allow an accessory building of grE~ater than 14 feet in
height unless a Conditional Use Permit has been granted, since
detached structures taller than 14 feet have the potential to be
converted to two stories.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
It is respectfully recommended that the Council affirm the
Planning commission's denial of Conditional Use Permit 89-028 and
- 3 -
.
.
adopt the findings set forth in the attache~ planning commission
staff report.
Prepared by: Kathryn Foster, Assistant Planner
Paul Berlant, Director of Planning
Planning Division
Community and Economic Development Department
KF
PC/cc476l8
02/06/90
- 4 -
.
..
.
CITY ?:.ANNING DIVISIC~{
Community and Econom~c Development ~eFart~ent
M E M 0 RAN DUM
DATE: October 11, 1989
TO: The Honorable Planning Corrmisslon
FROM: Planning staff
SUBJECT: Conditional Use Permit 89-028
Address: 476 Eighteenth street
Applicant: Willlam Zurowskl
Action: Application to allow a second story above a garage ac-
cessory bu~lding.
Recommendation: Denial
Permit Streamlinin9 Expiration Date: November 1, 1989
SITE LOCATION AND DESCRIPTION
. The subj ect property is a 8,940 sq. ft. parcel located on the
west side of Eighteenth Street between Marguerita and Carlyle
Avenues havlng a frontage of 60 feet. All surrounding uses con-
sist of single family residences (Rl).
; Zoning Districts: Rl
Land Use Districts: Single Family Residential
Parcel Area: 60' X 149' = 8,940 square feet
PROJECT DESCRIPTION
Proposed is the addition of a second story to a garage accessory
building which is located at the rear of the property. The ex-
terior shell of the garage has already been constructed but the
applicant did so without planning or building approvals. A com-
plaint was filed and the applicant was informed that a Conditlon-
al Use Permit was necessary in order to build a second level
above the garage. Each floor of the accessory building is 525
square feet for a total of 1,050 square feet.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed proje~ is inconsistent with the Municipal Code and
the General Plan in thatsection 9055.12 limits the size of the
accessory building to 650 square feet, includinq the garage.
- 1 -
,
,
CEqA STATe'S
The project is categor~cally exel"'pt per c~ty of Santa ~C"'l.:..ca
Guidelines for Implementat~on of CEQA: Class 1(1).
~E~T CONTROL STAT~S
Rent control status will not be affec~ed.
,
.
ANALYSIS
The proj ect as submitted with a l, 050 square foot accessory
building does not comply with the Zoning Ord~na~ce, which allows
only a 650 square foot accessory building. Thus, the p=oJ ect
cannot be approved as submitted and the appl icant has not re-
sponded to requests from Planning staff to reduce it's Sl.ze to
650 square feet.
Conclusion:
The proposed project cannot be approved with a 1,050 square foot
accessory building.
RECOMMENDATION
It is recommended that the Planning Commission deny this project
since it does not comply with the Zoning ordinance.
FINDINGS
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one that is not conditionally pe~it-
ted w1thin the subject district and does not comply with
all of the applicable provisions of the "City of Santa
Monica Comprehensive Land Use and Zoning Ordinance", in
that a second story accessory building is limited to 650
square feet and the proposed use is for 1,050 square feet
accessory building.
2. The proposed use would impair the integrity and character
of the district in which it is to be established or 10-
eated, in that the accessory building exceeds the size
allowed by the Zoning Ordinance by 400 square feet.
3. The subject parcel is not physically suitable for the type
ot land use being proposed, in that the accessory building
exceeds the square footage limitation imposed by the
Zoning Ordinance.
4.
The proposed use is not compatible with any of the land
uses presently on the subject parcel if the present land
uses are to remain, in that since the proposed use exceeds
the size limitation allowed by Code, the site would be
overbuilt.
~
-
'"- -
- 2 -
~
.
\
5. ~he proposed use would not be compat~b:e ~~t~ ex~st~~g a~d
permlsslble land uses w~th~~ c~e d~5~~~C~ a~d ~~e ge~er~l
area ~n which the proposed use 1S ~o be :ocated, l~ t~at
it exceeds the 650 square feet allowed by the Zanl~g Or-
dinance for an accessory bUlldlng.
6. There are adequate provls lons for water, sanltatlon, a:1d
public utilities and servlces to ensure that the proposed
use would not be detrimental to publlC health and safe~y,
in that infrastructure already eXlsts WhlCh adeq~ately
serves this site.
7. Public access to the proposed use will be adequate, in
that there lS public access from Eighteenth Street and
Magarita Avenue.
8. The physical location or placement of the use on the site
is not compatible with and relates harmoniously to the
surrounding neighborhood, in that the size of the acces-
sory building exceeds the l1ml t allowed by the Zonlng
Ordlnance.
9. The proposed use is not consistent w1th the goals, objec-
tlves, and policies of the General Plan, in that the pro-
posed accessory build1ng exceeds the 650 square footage
size allowed by the Code.
10. The proposed use would be detrimental to the public lnter-
est, health, safety, convenience, or general welfare, in
that the proposed use exceeds the maximum allowed square
footage for the site.
11. The proposed use does not conform preclsely to the ap-
plicable performance standards contalned ln Subchapter 6,
Section 9050 and special conditions outlined in Subchapter
7, section 9055 of the City of Santa Monica Comprehensive
Land Use and Zoning Ordinance, in that the proposed acces-
sory building exceeds the allowed 650 square feet.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that this type
of use is not allowed by the code.
Prepared by:
Kathryn Foster, Assistant Planner
A. Municipal Code and General Plan Conformance
B. Radius Map
C. Project Plans
Attachment:
KF:kt
pc/scup9028
09/21/89
..
~
,
- 3 -
.
,
A'!':ACID!E~T A
.
c:a~egory
MUNICIPAL CODE AND GENERAL PLA~ CONFOFC:Al;CE
Per1':!J. tted Gse
Height
Setbacks
Front yard
Sideyard
Rearyard
Lot Coverage
Park~ng
"
Municipal Code
Second Story
Accessory Building
650 square feet rnax~~u~
281
351
6'
25'
No Change
2 Car Garage
- 4 -
Element p::::-oJec":
Second story
Accessory Building
1050 square feet
281
95'+
6'
25'
No Char.ge
2 Car Garage
F ~ .
..c~'~ '~Cl 'l9,,~I~~~~ ~ ~
loll _ 'I-- ~-4_~___~~ _ ..__~ rL - -=--=---- --~ -
r ~ - ".," rr ; r-{" fl -', --.:..": i .. ~. 7-
I. " , 'll'.~.t ~ - ~ ... .
~ ~ =! l;: '5 -. ~; " i ~ S lQ' ~ li ~i A
~ .~..J"" ~ l'" ,1oGI .. ~ .. _:..., ~
is- ,3" NINm~'.'J:; ~/ /_
T', ,~- -: ~'-;;:.. T --r-~~-,.~__
I ! ~ :;l "~ · ,: G', .r, ',1. L', ~
_ 1 <:i ~.._-- _~.w ~fl..-; -
.:1 f /~ ::. ~- -~: ~uT- ':':-_~:;'~-~~ -~~.~~
- f' . I ~ 1 ~ '5 - -~ .", .. ., -. 1
I '. 'I - I
~ 'r~ ~ l '
Si=i~:.. ~ / ':: ElGHEE~TH -
"" - I." w: ..:.... ~ ~ - IIa' r.a.:: f... $...:. I -
;~ 0 ,~~. 3 :, .: ~~' ~ ~, ' , " " 'JY:' _ rl' '!. ,I, ! : h - i v> J ..: -- " 't
l...... t ~ - 001... '~":-rl"'..-J"- _ __..-.- ! 1__-"11I___ ~ _~_....:.... r="\.. ",., .. I
- ._ oJ" u. .. - -; .~---- .. -'---.r," .. ,,- . - '. .. -..... .lD.!..! I.. 1';.. 1 ... -'-'
~.~ ~ 6:- ", S :...t-~.-':i / ~; I' ; - : I...~_II ~. .:-~ ..-. ,_. -:.-
V . ~ ... ~ :.' ".., - - ., . "d u ~ l.I J ... -. j
j 5...\ \1 il R n'. Ez'- 23' "J~/;-'6" "!:.I.E':'3'! ,:~ 1"lN"'~~=\ r" .:: '3; "s',
l. .,.1 .0 ,"- \.., .... WI~;...Il w: l ~: . u.:, 1 ' ..... .. '':!la.... ' ,
<; \ .:::x 11~'l., ... ... ; w ~ ' . '.
...... ""c'iREET s ! Ii ~ I'
o .,r.4 SEVENrE::'lT11
:~ ,. ~':,~ ~ : \~ ! : ;: : ;:; ': _.' J I~: ~l: i ,: ,I,~ \; ~: 'I ; . :J:.......i : .< ! : : ; .<. ! ~' I
~ .. ~. ~ T~ i' R :: ~,!i. "co/' 'I T" "; 1\ ! ':.!!l ": ..; f1 R "; I' l' \ !./
. ~ i ~ ~o!I ~~ ,iii !oC ... 1Q ~. '.6.01 r I T - !Jv I ~ ': i !ll ~j
4.l' .. I lit _-'~'" !S"lT~~_~,!",,-,1 VT.--" "" ..:. .. '04' ~ 'iQ" '<'" of,,) I - I
; "1'" ~!"''''.''' .. ~~'- ..:..,,::.z;~... ,-.. ,.~ ,
~ ;1 .. '! ~ ~ !' ~;" ~ ~ !I " ,: : ~! J ~. .' .. i .. :.. '. i .. rii n. , .. I .. I .. I ~ i .. i .- J
'...' B ~1!OI:'I'~:U.2~'~; ,;.'; ~:~~. ~! ...5... rj..\:lf'!'~' "'!>"'~;~~"Z!l
: : i! I ! ~ "n ~ tt. .,..." 1:W 16 ~, ,~ : ;!l" ." : ! r,
I .. ., .. ... '" .. .. ~ ' I ,I!! ' i ,-< I : .""":; : I,~ I C
~ .. .. .... . 1G 'W ....: ... .:- " 'I :.6J \_tl,16~
S S'i~'::."T 1 ..ft SIX.TEE~TH
\':I:~ :~':J':i::j~;r':J~i;j;J;j;j:/~ {: .I:>l::!:;:~~:~_i: ji' I !::
\..... " . \ r" 1 . I: Ir ~! ~ "I or C 1i : ~ : ~ Ii
,.. w - w, :!' . f....... ... "~c~~r"'! '/ ...~ ' '" '... ! .. i ~ ~'.. - " : " ; .. : .. 1
\ ~,.. ~ 'J" I ,. W..[J- , .. . " : .. I ."; ~ :'~'EE~.~ - , I, ,
, f ., 11 \I ; 1 ~ 8., ,t- .', !! ~. Ii : " I '.. ',. I . i /..
I \ 's ': , 1,7 , '8 ; '9 I Z, I z, In: 23 '. ;~ , 2~ I " . ~1' ~ .. ~ .. ~ .. ~ "~.. ul .. ~ ..~! !,"'~! :", (c -
I 'I., I'" 11 '. '5," \ '7 ' , 1 -0 I" ., - 'J 1
" r 1l a2l' . 'I \ . ' "~ '... I ~
_~ ......:1... WI"... ... " 'WI loe .) ...;.... .. ...... \ ~ I!.! ~ ~ \ fJfl
~.s.. STilEET 1 ,I~ ~.. ," .. ~ .. ~!"'''''' ,,'.. '~., Ir;.)t (c
. .. "S FIFTEENTH ~
[ U i '111 ! w 1101 ! "" 1 ~ ... ,~~: ~ ~
:"I\J.I>.I"'. , ~."'i'" .i~ .ol..l .....~ f~."""',"IIII
S-~E!T
:.-
~
1 ~ _"\.: '; < _ · _ J . ~
~ ] l'i ,_ ._,,-'-c...i
"" Lr~:r _..\...:1 ~:- J - L'" J"
~ 3""., -'lI
~
~ <.-
's ..;
.\' R ~
E,
~ \ ..
Q
-<:r
/-
/-
S. ~ :/~ -.. . : .
" t ffi9
~ ,;i__ - -I -.:. _'1- ~ 1: ::;, ~- t 'fII i
... I ".._ .--.t
! ~~-~
: i .' :;;.
,- ! a S:"''':)
.E.
- !
a
~
<>
; 3
~
~I ,:
': ;:
. (4 ~
~
,[
.
3 (~(I/f'f1..& j/J..{,.t/ ..:>/i,....tt.-'.r-L i7ZLf.....,I-.._
LEGAL DESCRIPTION L.o f :t I (er It. y. v ~ ,- /CASE NO.' CU;) ""4 - ;:-/~
RADIUS MAP FOR
ZONE 12/
DATE CJJ j 1?:C1
I . ,
PlIBLI :: iCf'5/fJff
HEARING
DATE
iI'.'e...,,-CIt it '<5 ,~ ~&
..1... -~~ -"" ?
/L'7'/ /&1.~!-.. S..c...
STREET ADDRESS '"( / (,., /" tC./
APPLICANT. tV: l t, Q ~V" t:::u. If u LA) 7K- ;
~~~~J~~@ @~~~~~~~~u
err! OJ
-' .. .
~
.
,,-
STATEMENT OF OFFIC:AL ~CTICN
PROJECT
~~~13ER: Cond~tional Cse Pe~~~ 89-028
LOCA~ION: 476 E~ghteenth Street
AP?LIC~~T: Wil1ia~ Zurowski/Craig Mordoh - Attorney
REQUEST: Add a second floor to an existing 19' tall acces-
sory building which is currently a garage.
PLANNI~G COMMISSION ACTION
10/25/89 Date.
Approved based on the following findings and
subject to the conditions below.
X Denied.
Other.
CONDITIONAL USE PERMIT FINDINGS
. .
1. The proposed use is one that is not conditionally pe~it-
tad within the subject district and does not co~ply wit~
all of the applicable provisions of the "City of Santa
Monica Comprehensive Land Use and zoning Ordinance", in
that a second story accessory building is limited to 650
square feet and the proposed use is for 1,050 square feet
accessory building.
2. The proposed use would impair the integrity and character
ot the district in which it 1s to be established or lo-
cated, in that the accessory building exceeds the size
allowed by the Zoning Ordinance by 400 square feet.
3. The subject parcel 1s not physically suitable for the type
ot land use being proposed, in that the accessory building
exceeds the square footage limitation imposed by the
Zoning Ordinance.
The proposed use is not compatible with any of the land
uses presently on the subject parcel if the present land
uses are to remain, in that since the proposed use exceeds
the size limitation allowed by Code, the site would be
overbuilt...
4.
- 1 -
. .
tp
.
~. ~~e p~~?csed ~5e ~ou:d nc~ be co~pa~~=le w~t~ ex:s~~~g a~j
~e~:ss:ble land uses wl~h~n the dlst~lC~ a;.d t~e gereral
area 1n wh:ch t~e proposed use ~s to be lcca~ed, ~n ~~a~
~t exceeds the 650 sq~are fee~ allowed by ~~e Zor~~g Or-
d~nance fer an accessory bu~:d~~g.
.6. There are adequate prov~sl.ons for water, san:. tat ion , ard.
public ut:l~t:es and serl~ces to ensure t~at the proposed
use ~ould not be detrl~ental to publlC health and safety,
in ~~a~ infrastructure already eXlsts wh~ch adequately
serves th~s site.
7. Publl.c access to the proposed use will. be adequate. ~n
that tt.ere is public access trom Eighteenth Street ard
Magar:ta Avenue.
8. The physical location or placement of the use on t~e site
is no'C co:!:pat~ble w~ th ~nd relates harmoniously to the
surrounding nelghborhood, in that the Slze of the acces-
sory bUllding exceeds the llmlt .allo.....ed by the Zoning
Ordinance.
9. The proposed use is not consistent with the goals, objec-
tives, and policles of the General Plan, in that the pro-
posed accessory building exceeds the 650 square footage
size allowed by the Code.
10. The proposed use .....ould be detrimental to the public inter-
est, health, safety, convenience, or general welfare, in
that the proposed use exceeds the maXlmuz allowed s~~are
footage for the site.
11. The proposed use does not confon:1 precisely to the ap-
plicable perf9rmance standards contained in Subchapter 6,
Section 9050 and special conditions outlined in subchapter
7, Section 9055 of the City of Santa Monica Comprehensive
Land Use and Zoning Ordinance, in that the proposed acces-
sory building exceeds the allowed 650 square feet.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that this type
ot use is not allowed by the code.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Farivar, Kaufman,
Rosenstein
Lambert,
Nelson,
Hechur,
Pyne,
. ~ 2 -
. .
.
...
-
.
~lC~: CE
:f ~h:s is a f~~al dec~s~or. ne~ s~=:ec~ to :~r~~e~ a~pea: u~de~
~~e C:ty of Sa:l~a Monlca CO::lprehens~ve ~a!".d r":5e ar:d ZCl".l:1g Cr-
d:rar.ce, the ti~e w:thln wh:ch Jud:c:al rev~ew of thlS deC1S:C!".
::"":5t be sCl.:.ght is governed by Code of civ:l ?::-ocec.1..lre Sec~:e'1
lQ9~.6, wh:c~ ~::-ov:slon has been adepted by t~e C:~y purs~a:1t to
M~:l:c~;al Cede Sectien 1400.
I hereby certify that this statement of Official Action accurate-
ly reflects the final determination of the Planning CO~1s9ion of
the City of Santa Monica.
/'
~/
( //./ / .,/ ~,/ /
.,--~~,/ ,~'~
slgnature
/~/7 fft
da t"8 /
/~
;; /L '
.' / ...,
, /,1)411'/ :: oIe//'1
print na~e and t1tle
"'{~4~
(~q/':-
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 pe~~t
approval.
Applicant's Signature
Print Name and Title
PCjstoa9028
..
- 3 -