Loading...
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. Page 1 of 5 http://wwwsmgov.net/cityclerk/council/agendas/1990/x90022012-B.html 11/26/2007 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 Page 2 of 5 http://wwwsmgov.net/cityclerk/council/agendas/1990/x90022012-B.html 11/26/2007 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. - Page 3 of 5 http://www.smgov.net/cityclerk/council/agendas/1990/s90022012-B.html 11/26/2007 City of Santa Monica Staff Report: 02/20/90 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- Page 4 of 5 http://wwwsmgov.net/cityclerk/council/agendas/1990/s90022012-B.html 11/26/2007 City of Santa Monica Staff Report: 02/20/90 Page 5 of 5 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. http://www.smgov.net/cityclerk/council/agendas/1990/s90022012-B.hhnl 11/26/2007