SR-022090-12BCity of Santa Monica Staff Report: 02/20/90
ITEM 12-B
Council Mtg: February 13, 1989
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal of-a Planning.Comm;ssion Denial of CUP 89-028 to
Construct a Two Story Accessory Building at 476 - 18th
Street.
Applicant: William Zurowski
Appellant: Craiq Mordoh, Attorney
INTRODUCTION
This report recommends that theCity 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 R1 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 8.9-028 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 mere not in accordance with good zoning
practice and denied Use Permit ZA 5246 - U on September 15, 1987.
On August 17, 1988, the Building and Safety Division determined
that a secondstory in the garage was being condstructed on the
sitewithout a building permit. Two additional notices regarding
the violation were sent on September 7 and 27, 1988. The owner
filed a building permit applicationon 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 additionof a second story to a garage, which is
located at the rear of the property. The exterior shell of the
garage was constructed with appropriate permits, but the second
story was added by the applicant without Planning or Building and
Safety approvals.
The applicant proposes to builda 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.
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City of Santa Monica Staff Report: 02/20/90
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
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 o£
the Code,the Planning Commission denied the 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 residents to convert detached
garages to two story accessory buildings. The Zoning Ordinance
does. not allow anaccessory building of greater 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 o£ Conditional Use Permit 89-028 and
adopt the findings set forth in the attached Planning Commission
staff report.
Prepared by: Kathryn Foster, Assistant Planner
Paul Berlant, Director of Planning
Planning Division
Community andEconomic Development Department
CITY PLANNING DIVISION
Community and Economic Development Department
M E M O RAN DU M
DATE: October 11, 1989
TO: The Hono-cable Planning Commission
FROM: Planning Staff
SUBJECT: Conditional Use Permit 89-028
Address: 476 Eighteenth Street
Applicant: William Zurowski
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City of Santa Monica Staff Report: 02/20/90
Action: Application to allow a second story above a garage ac-
cessory building.
Recommendation: Denial
Permit Streamlining Expiration Date: November 1, 1989
SITE LOCATION AND DESCRIPTION
The subject property is a 8,940 sq.ft. parcel located on the
west side of Eighteenth. Street between Marguerita and Carlyle
Avenues having a frontage of 60 feet. All surrounding uses con-
sist of single family residences (R1).
Zoning Districts: R1
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
Conditional 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 project 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, including the garage.
CE4A STATUS
The project is categorically exempt per City of Santa Monica
Guidelines for Implementation of CEQA; Class 1(1).
RENT CONTROL STATUS
Rent Control status will not be affected.-
ANALYSIS
The project as submitted with a 1,050 square foot accessory
building does not comply with the Zoning Ordinance, which allows
only a 650 square foot accessory building. Thus, the project
cannot be approved as submitted and the applicant has not re-
sponded to requests from Planning staff to reduce it's size to
650 square feet.
Conclusion:
The proposed project cannot be approved with a 1,050 square foot
accessory building. -
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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 permitted
within the subject district and doesnot 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 buildingis 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 located,
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
of 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.
5. The proposed use would not be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that it
exceeds the 650 square feet allowed by the Zoning Ordinance
for an accessory building.
6. There are adequate provisions for. water, sanitation, and
public utilities and services to ensure that the proposed
use would notbe detrimental to public health and safety, in
that infrastructure already exists which adequately serves
this site.
7. Public access to the proposed use will be adequate, in that
there is 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 limit allowed by the Zoning
Ordinance.
9. The proposed use is not consistent with the goals, objec-
tives, and policies of the General Plan, inthat the pro-
posed accessory building exceeds the. 650 square footage size
allowed by the Code.
10. The proposed use would be detrimental to the public inter-
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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 precisely to the ap-
plicable performance standards contained in Subchapter 6,
Section 9050 and special conditions outlined in Subchapter
7, Section 9055 0£ the City o£ 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
Attachment: A. Municipal Code and General Plan Conformance
B. Radius Map
C. Project Plans
ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Category Municipal Code Element Project
Permitted Use Second Story SecondStory
Accessory Building Accessory Building
650 square feet maximum 1050 square feet
Height 28' 28'
Setbacks
Frontyard 35' 95'+
Sideyard 6' 6'
Rearyard 25' 25'
Lot Coverage No Change No Change
Parking 2 Car Garage 2 Car Garage
NOTE: Attachments B and C are notavailable on PEN, but may be
obtained from the City Clerk's office.
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