Planning Commission Report
Planning Commission Meeting: October 21, 2009
Agenda Item: 9-A
To:
Planning Commission
From:
Amanda Schachter, City Planning Division Manager
Subject:
Appeal 08-016 of Zoning Administrator Approval of Fence Wall Hedge
Modification 08-0004
Address:
Appellant:
227 Bay Street
Halil Parlar
Recommended Action
It is recommended that the Planning Commission take the following actions, subject to
findings and conditions contained in Attachment B:
1.
2.
Deny Appeal 08-016 and uphold the Zoning Administrator approval of Fence
Wall Hedge Modification 08-0004
Approve the draft Statement of Official Action
Executive Summary
This is an appeal of the Zoning Administrator’s approval of hedge modification to permit
a 67-inch hedge along the front yard. The Zoning Administrator determination also
denied the request for a 15-foot hedge along the west side yard. The appellant, Mr.
Halil Parlar, is the adjacent neighbor to the west. In his appeal, Mr. Parlar states the
front yard hedge should comply with the 42-inch allowance for the safety and visibility of
the multifamily zoned property. The applicant would also ask the Commission to
consider allowing the 15-foot side yard hedge to screen the occupants of 227 Bay
Street from the adjacent neighbor.
The following issues should be considered by the Planning Commission in its review of
the proposed project and are addressed in this report:
Is the requested hedge modification compatible with the surrounding
neighborhood and needed to mitigate impacts of adjacent land uses?
Is the requested hedge modification injurious or detrimental to the land uses
in the general vicinity?
Will the requested hedge modification impair the integrity and character of the
neighborhood?
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Project / Site Information
The following table provides a brief summary of the project location. Additional
information regarding the project’s compliance with applicable municipal regulations and
the General Plan is available in Attachment A.
Project and Site Information Table
Zoning District:
Land Use
Element Designation:
Parcel Area (SF):
Parcel Dimensions:
Existing On-Site
Improvements (Year
Built):
Rent Control Status:
Adjacent Zoning
Districts and Land Uses:
OP2
Ocean Park Low
Density Residential
5,600 sq. ft.
40’ x 140’
Multiple Family 3-unit
Apartment Building
(Built in 1908)
Units are not
registered with RC
The adjacent zoning
is OP2 and the site is
surrounded by multifamily residential
uses; to the rear is a
commercial use in the
C4 zone.
Site: 227 Bay Street
The site is a rectangular-shaped lot located along the north side of Bay Street between
Third Street and Main Street. Surrounding parcels are developed with multi-family
apartments, condominiums and commercial uses across Pico Place South alley.
Background
A fence wall hedge modification (08FWHM0004) was filed by the property owner, Anne
Pearson, requesting an existing front hedge be allowed to remain at 67-inches and a
newly planted hedge along the west side yard be allowed to grow to 15-feet in height
replacing a hedge that had been removed. Neither hedge was registered by the
November 15, 2007 deadline for the registration of non-compliant fences, walls or
hedges. During the Zoning Administrator hearing on November 11, 2008, staff
documented a number of legal, non-conforming front yard fences and hedges along Bay
Street that exceeded the 42-inch height limit (ranging from 48-inches to 132-inches).
For that reason, the Zoning Administrator was able to make affirmative findings for the
front yard hedge modification based upon its compatibility with other hedges in the
neighborhood and the need for privacy from heavy foot traffic in the neighborhood
generated by the site’s proximity to the C4 commercial district along Pico Boulevard, the
Main Street Commercial District and the beach. However, due to impacts to light and air
on the adjacent property to the west, the Zoning Administrator denied the request to
allow the west side yard hedge to exceed the 12-foot limit that has been codified in
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Section 9.04.10.02.080(b) of the Santa Monica Municipal Code. A timely appeal of this
determination was filed by the adjacent neighbor and is now before the Commission.
Project Analysis
A fence, wall, hedge modification was filed on September 2, 2008 to allow an existing
non-conforming front yard hedge to remain and allow a newly planted hedge to grow to
15-feet along the west side yard. The property owner states she purchased the site
with 20-foot tall Cyprus trees along the west side yard; however, these trees were
removed some time in 2008 and were never registered as non-compliant over height
hedges with the City. After the loss of this hedge, a complaint on the front yard hedge
was received by City Staff.
As a result of this complaint, Ms Pearson filed her request to keep the existing front
hedge and allow the newly planted side yard hedge to grow 3-feet higher than the
current Code allows in order to screen the adjacent property to the west from the
occupants of 227 Bay Street. At present, the side hedge is 65-inches (5.4 feet) in
height. The applicant has forwarded to staff photographs of the adjacent property in
support of her request (Attachment C).
On December 11, 2008 the Zoning Administrator granted a modification for the front
yard hedge to remain at 67-inches. The Zoning Administrator determined that the front
yard hedge was compatible with similar fences and hedges in the neighborhood. There
are registered, legal non-conforming hedges and fences at 239, 243, 250 and 254 Bay
Street which range in height from 48-inches to 132-inches. In addition, the Zoning
Administrator determined that the proposed front yard hedge was needed to mitigate
the impacts of the site’s proximity to the C4 commercial district along Pico Blvd., the
Main Street commercial district and beach which all generate considerable pedestrian
foot traffic within the 200-block of Bay Street. The request for the side yard hedge
modification to exceed the 12-foot height limit by 3 feet was denied by the Zoning
Administrator based upon the hedge’s negative impacts on the adjacent 7-unit
property’s sunlight, air and livability.
Appeal
The appellant statement from Mr. Parlar’s attorney contends that the front hedge would
directly interfere with the use and enjoyment of 225 Bay Street. In addition, he claims
Mr. Parlar has lost tenants in the past due to the lack of sun light within his site and that
that the front yard hedge poses a safety issue.
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In reviewing the appeal request, staff agrees
that height of the side yard hedges above 12feet would directly affect the light and air to
the neighboring units to the west of the
subject parcel. The ground and upper floor
units have direct access via an unenclosed
balcony and stairway while the units below
are accessed from an existing side walk
adjacent to the common property line
between 227 and 225 Bay Street.
The
distance between the two property structures
ranges from 14-feet to 20-feet. The property
to the west has very little open yard since the front and rear yards are hardscaped and
provide access to parking spaces. Therefore, the east side yard of 225 Bay Street
serves the tenants, allowing them some light, air and landscaped yard. A 15-foot west
side yard hedge at 227 Bay Street would impact this area.
A front hedge surrounds the 20-foot front yard setback of 227 Bay Street and extends
upwards at a greater height in the site’s southeast corner due the common wall that
separates the subject parcel from the adjacent parcel to the east. The wall at this
corner (adjacent to 231 Bay Street) is 67-inches and is covered by a flowering vine.
The appellant contends that the front yard hedge poses a safety issue by restricting
visibility into the front yard and, therefore, should be reduced to the 42-inch height
allowed by right. Staff contacted the Santa Monica Police Department and, although
they generally support visibility into a property, they do not oppose front yard hedges
above 42-inches. Their main concern is how the hedge/wall relates to driveway safety
and the ability of an assailant to hide, unseen on the property. The subject site contains
a fence/hedge along the west side of the front yard that is comprised of an open
wrought iron railing and a lower entry gate is located near the southwest corner of the
front yard, both of which allow visibility into the front yard.
While staff generally supports front yard openness, visibility, and pedestrian friendly
landscaping, the existing neighborhood has a number of tall legal, non-conforming front
yard hedges and fences that range in height from 48-inches to 132-inches. The
requested front yard hedge height is compatible with the neighborhood context and thus
will not be injurious, detrimental or impair the character of the neighborhood. In addition,
the hedge height is needed to create privacy within the property’s front yard and
mitigate the impacts of heavy pedestrian traffic created by the site’s proximity to C4
commercial district along Pico Blvd., the busy and popular Main Street commercial
district and the beach.
Conclusion
The proposed front yard hedge modification is consistent with the existing neighborhood
character and does not infringe on the light and air of the adjacent properties; however,
the modification to the side yard hedge would have adverse impacts to light and air on
the property to the west of the subject site. Staff recommends the Planning
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Commission uphold the Zoning Administrator’s determination and deny the appeal, as
reflected in the attached draft Statement of Official Action.
Alternative Actions:
In addition to the recommended action, the Planning Commission could consider the
following with respect to the project:
A1.
A2.
Continue the project for specific reasons, consistent with applicable deadlines
and with agreement from the applicant
Articulate revised findings and/or conditions to Approve OR Deny, with or without
prejudice, the subject application
Prepared by:
Gina Szilak, Associate Planner
Paul Foley, Principal Planner
Attachments
A.
Draft Statement of Official Action
B.
Public Notification & Comment Material
C.
Photographs
D.
Letter from applicant’s attorney December 22, 2009
F:\CityPlanning\Share\PC\STRPT\2009\appeal 08FWHM004 (227 Bay).doc
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ATTACHMENT A
DRAFT STATEMENT OF OFFICIAL ACTION
City of Santa Monica
City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
PROJECT INFORMATION
CASE NUMBER:
Appeal 08-016 of Wall Height Modification 08FWHM0004
LOCATION:
227 Bay Street
APPLICANT:
Anne E. Biege-Pearson
APPEALANT;
Haili Parlar
PROPERTY OWNER:
Anne E. Biege-Pearson
CASE PLANNER:
Gina Szilak, Associate Planner
REQUEST:
The applicant is requesting approval of a hedge height
modification to allow a 67-inch high hedge along the front
property line and a 15-foot high hedge along the west
side elevation. Pursuant to Santa Monica Municipal
Code (SMMC) Section 9.04.10.02.080, fences, walls, or
hedges cannot exceed the maximum height of 12-feet in
the side yard areas or 42-inches within the front yard,
measured from the lower grade. Ordinance Number 2268
(CCS) permits a height modification above the 42-inch
front yard limit and 12-foot limit in the rear and side yard
areas, subject to approval by the Zoning Administrator.
CEQA STATUS:
The project is categorically exempt from the provisions of
California Environmental Quality Act (CEQA) pursuant to
Section 15303(e), Class 3 of the State Implementation
Guidelines in that the project involves the height of a
hedge and does not involve construction or issuance of a
building permit.
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PLANNING COMMISSION ACTION
October 21, 2009
X
Public Hearing Date.
Partial approval based on findings and subject to conditions.
Denied based on findings.
Effective Date Of Action:
Expiration Date:
Length Of Any Possible Extension:
November 5, 2009
May 5, 2011
One year
HEDGE HEIGHT MODIFICATION FINDINGS
(a)
The proposed front hedge will be compatible with other front yard hedges and fences in
the neighborhood and is required to mitigate impacts from adjacent land uses, the
subject property’s proximity to public rights-of-way, or safety concerns in that the
proposed 67-inch front yard hedge will create a private, secluded front yard area for a 3unit complex with limited landscaping. The site is subject to heavy foot traffic at the
street frontage created by its close proximity to the Santa Monica Beach, the Main Street
Commercial District and C4 commercial district along Pico Boulevard. Legal, nonconforming fence and hedge heights at the front property lines of four properties along
this block of Bay Street range from approximately 48-inches to 132-inches.
The proposed 15-foot high hedge located along the west side yard is not prevalent in the
neighborhood and will negatively impact the adjacent neighbor’s light and air and is
therefore denied. The applicant has requested a 15-foot high hedge to screen the site
from the neighboring multi-family units located at 225 Bay Street. The neighboring
building to the west is a seven-unit, two-story structure approximately 21-feet in height.
The proposed 15-foot high hedge would reach the mid-way point of the second floor
windows and thereby reduce light to these upper level units. Previously, a hedge of at
least 20-feet separated the two structures; however, this hedge was removed within the
last year and was never registered with the City Planning Division for its non-conforming
height. The lower hedge height has resulted in improved light, and air between the two
properties, all to the benefit of the tenants and the property owner who reside on-site.
The allowable 12-foot hedge in the side yard would provide adequate screening of the
subject property without negatively impacting the upper level units of the adjacent
property to the west.
(b)
The granting of such modification will not be detrimental nor injurious to the property or
improvements in the general vicinity and district in which the property is located in that
the proposed front hedge is compatible with the existing neighborhood development
pattern where legal, non-conforming hedges and fences along the street front range
from 48-inches to 132-inches at four other sites. However, the proposed 15-foot high
hedge along the west side yard would be injurious to the neighboring property by
blocking light and air to the upper level units and therefore this request is denied.
(c)
The modification will not impair the integrity and character of the neighborhood in which
the fence, wall, or hedge is located in that other legal, non-conforming fences, hedges
and walls of similar or greater height ranging from 48-inches to 132-inches are located at
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the street frontage of seven other properties along the same block of Bay Street
including 239, 243, 250 and 254 Bay. No public testimony was received in opposition to
the front yard hedge modification at, or prior to, the public hearing. However, the
request for a 15-foot hedge along the west side yard would set a precedent within the
neighborhood and would impair the light and air available for the upper levels of the
adjacent multifamily building, which is located 8-feet from the common side property line
and, therefore, this request is denied.
CONDITIONS OF APPROVAL
Standard Conditions
1.
This approval applies only to the request to allow a 67-inch high hedge within the front
yard setback as shown on the plans/ photos dated June 3, 2008, and subject to any
special conditions. Minor amendments to the plans shall be subject to approval by the
Zoning Administrator.
2.
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.
3.
This approval shall expire eighteen (18) 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 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.
4.
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.
VOTE
Ayes:
Nays:
Abstain:
Absent:
NOTICE
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If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this
decision must be sought is governed by Code of Civil Procedure Section 1094.6, which
provision has been adopted by the City pursuant to Municipal Code Section 1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the Planning Commission of the City of Santa Monica.
_____________________________ _____________________________
Hank Koning, Vice-Chairperson
Date
Acknowledgement by Permit Holder
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 permit approval.
Print Name and Title
Date
Applicant’s Signature
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ATTACHMENT B
PUBLIC NOTIFICATION INFORMATION
Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the
posting requirements set forth by the Zoning Administrator, prior to application
filing the applicant posted a sign on the property regarding the subject
application. At least 8 weeks prior to the public hearing date, the applicant
submitted a photograph to verify the site posting and to demonstrate that the sign
provides the following information:
Project case number, brief project
description, name and telephone number of applicant, site address, date, time
and location of public hearing, and the City Planning Division phone number. It is
the applicant's responsibility to update the hearing date if it is changed after
posting.
In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the
public hearing was mailed to all owners and residential and commercial tenants
of property located within a (300 foot) radius of the project and published in the
Santa Monica Daily Press at least ten consecutive calendar days prior to the
hearing.
On June 18, 2009, the applicant/appellant was notified by phone and in writing of
the subject hearing date.
The applicant provided the following information regarding attempts to
contact area property owners, residents, and recognized neighborhood
associations:
Neighborhood
No contact information provided.
Association
Adjacent Neighbors
Community Meetings
Other:
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA PLANNING COMMISSION
SUBJECT:
Appeal 08-016 of Zoning Administrator Approval of Fence, Wall, Hedge
Modification 08-0004
227 Bay Street Street
APPELLANT:
Hali Parlar
APPLICANT/
PROPERTY OWNER: Anne E. Piege-Pearson
A public hearing will be held by the Planning Commission to consider the following request:
The appellant is appealing the Zoning Administrator approval of a hedge modification to permit a
67-inch hedge within the front yard setback area where a maximum of 42-inches is permitted by
Code. On December 11, 2008 the Zoning Administrator approved the modification pursuant to
SMMC Section 9.04.10.02.080(e). An appeal of the Zoning Administrator determination was filed
on December 23, 2008.
DATE/TIME:
WEDNESDAY, October 21, 2009 AT 7:00 PM
LOCATION:
City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the Planning
Commission public hearing, or by writing a letter. Written information will be given to the Planning
Commission at the meeting.
Address your letters to:
Gina Szilak, Associate Planner
Re: Appeal 08-016 of 08FWHM-0004
City Planning Division
1685 Main Street, Room 212
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this project or wish to review the project file, please contact
Gina Szilak at (310) 458-8341, or by e-mail at [email protected]. The Zoning Ordinance is
available at the Planning Counter during business hours and on the City’s web site at www.santamonica.org.
The meeting facility is wheelchair accessible. For disability-related accommodations, please
contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials
are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2,
3, 5, 7, 8, 9, and 10 serve City Hall.
Pursuant to California Government Code Section 65009(b), if this matter is subsequently
challenged in Court, the challenge may be limited to only those issues raised at the public hearing
described in this notice, or in written correspondence delivered to the City of Santa Monica at, or
prior to, the public hearing.
ESPAÑOL
Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo
en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División
de Planificación al número (310) 458-8341.
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ATTACHMENT C
PHOTOGRAPHS
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ATTACHMENT D
Letter from Applicant’s Attorney, December 22, 2009
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