Planning Commission Report
Planning Commission Meeting: September 16, 2015
Agenda Item: 8-C
To:
Planning Commission
From:
Amanda Schachter, City Planning Division Manager
Subject:
Appeal 15ENT-0080 of the Zoning Administrator’s denial of Hedge Height
Modification 14FWHM-0010.
Address:
530 17th Street
Applicant/Appellant: Carly Levine
Property Owner: Bruce Weiner
Recommended Action
It is recommended that the Planning Commission take the following actions, subject to
findings contained in Attachment A:
1.
2.
Uphold the Zoning Administrator Determination and deny Appeal 15ENT-0080.
Adopt the Statement of Official Action (STOA).
Executive Summary
On December 9, 2014, the Zoning Administrator denied Hedge Height Modification No.
14FWHM-0010 for an existing hedge at 530 17th Street. The proposal would allow for a
7 foot tall hedge within the front yard setback area located in the R-1 (Single Family
Residential) zoning district in the North of Montana neighborhood (NOMA).
The Hedge Height Modification denial for the 7 foot tall hedge was based on the Zoning
Administrator’s determination that the modification would impair the integrity and
character of the neighborhood in which the hedge is located. Specifically, this finding
could not be established in that it is not consistent with the prevailing characteristics of
the 500 and 600 blocks of 17th Street.
The applicant subsequently appealed the Zoning Administrator’s denial of the Hedge
Height Modification Permit and now requests that the Planning Commission consider
the Hedge Height Modification for the 7 foot tall hedge. This hearing is a de novo review
by the Planning Commission.
The following principal issues should be considered by the Planning Commission in its
review of the proposed project and are discussed in this report:
1
•
Would the height of the proposed hedge be compatible with other similar structures
in the neighborhood?
•
Would the height of the proposed hedge be detrimental or injurious to the property or
improvements it the general vicinity?
•
Would the height of the proposed hedges impair the integrity and character of the
neighborhood in which they are located?
Project / Site Information
The following table provides a brief summary of the project and location.
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/Remaining
tenants on-site:
Single Family (R-1)
(NOMA)
Single Family Housing
7,520 SF
50’ x 150’
Single family house
2001
Single family dwelling,
exempt.
Site Location Map
The subject property is located along the 500 block of 17th Street between Marguerita
Avenue and Alta Avenue. The subject property is located in the R-1 Single Family
Residential District, North of Montana neighborhood which is a neighborhood comprised
of single-family dwellings. The subject property contains an existing single-family
dwelling and is surrounded by single-family dwellings on all sides.
Environmental Analysis
This project is exempt from the California Environmental Quality Act Guidelines (CEQA)
pursuant to Article 18, Section 15270, which exempts projects that are disapproved.
Background
The subject property is located in the R-1 zoning district in the North of Montana
(NOMA) neighborhood which is a residential neighborhood comprised of single-family
dwellings. Fences, walls and hedges are typical structures in residential neighborhoods
and heights of these structures vary throughout the neighborhood. However, the Zoning
Code sets forth the height standards for these structures in front, rear and side setback
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locations. More specifically, Santa Monica Municipal Code (SMMC) Section
9.04.10.02.080(a) states that fences, walls, or hedges cannot exceed a maximum
height of 42 inches within the required front yard setback area, as measured from the
lowest adjacent finished grade. Fences, walls and hedges located within the front yard
setback are to promote an inviting and open streetscape that allows for light and air to
permeate the front yards as well as sidewalks and creates a greater sense of
community.
During a period from 2005-2007 the City of Santa Monica allowed property owners who
had existing non-conforming fences, walls or hedges the opportunity to register them
with the City in order to legalize the non-conforming fence, wall or hedge and to have
them remain.
The existing single-family residence was built in 2001. Previously, the site had existing
hedges located in the front yard that were over 15 feet tall and were not registered. The
applicant, who is now the appellant, replaced these hedges in August 2014 with new 7
foot high hedges planted directly behind the existing 42” inch front yard block wall. The
intent of the hedges was to maintain privacy and prevent a direct line of sight from 17th
Street through large front facing windows.
A complaint was filed with the Code Compliance Division regarding the over-height
hedges on September 5, 2014.
Project Analysis
The subject property is 7,500 square feet (50’x 150’). It is developed with a 7,000
square-foot single-family dwelling. The appellant has created barriers with hedges
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within the front setback area with the intent to enhance privacy and security from 17th
Street and the surrounding single-family buildings in the vicinity.
As shown on the site plan below, the hedges exceed the 42 inch height limit in the front
yard at 7’ in overall height measured from the sidewalk grade (lowest adjacent grade)
respectively.
Site Plan:
The following images illustrate the hedges that were constructed or planted by the
appellant without City approval:
7’ Hedge Plan:
4
Photo of Existing Hedge:
Photos of Neighboring Properties:
The following photos are of the immediate neighbors to both the north and south of the
subject site. The property to the immediate north of the subject site, 522 17th Street has
an existing legal registered front yard hedge at 50 inches in overall height and is the
only other property in the 500 block of 17th Street that has a fence, wall or hedge in the
front yard setback over the maximum height of 42 inches. There is front yard
landscaping but no fence at the property to the south.
North Neighbor- 522 17th Street
5
50”
South Neighbor-532 17th Street
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Photos of Neighboring Properties on the East Side of 17th Street:
The majority of the existing streetscape along the 500 and 600 blocks of 17th Street are
properties that have no fences, walls or hedges located within the front yard area and
promote an inviting and open streetscape that allows for light and air to permeate the
front yards as well as sidewalks and creates a greater sense of community. Staff feels
that only fences, walls and hedges that do not exceed the maximum allowable height of
42 inches should be allowed as it is a consistent prevailing characteristic of both the 500
and 600 block of 17th Street.
Fence, Wall and Hedge Modifications and Registrations
The subject block has 25 lots and only three of those lots (12%), which are identified
below have legal registered fences, walls, or hedges higher than 42 inches within the
front yard setback. Two of three lots, both 634 and 635 17th Street are corner lots in
which they both have 48 inch fences, walls or hedges that start at the front yard and
wrap around the street side yard and the other lot at 522 17th Street has a 50 inch
hedge within the front yard setback, only 8 inches over the permitted height of 42
inches. The remaining lots (88%) are properties that are either open at the front yards
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(without a fence, wall or hedge) or have an improvement that complies with the 42 inch
height regulation.
The 400 block of 17th Street to the north of the subject block, has 28 lots and only one of
those lots (4%), have a legal registered fence, wall, or hedge higher than 42 inches
within the front yard setback. The only lot, 449 17th Street has a 60 inch hedge within
the front yard setback. The remaining lots (96%) are either open at the front yards
(without a fence, wall or hedge) or have an improvement that complies with the 42 inch
height regulation.
The 700 block to the south of the subject block, has 15 lots and only three of those lots
(20%) have legal registered fences, walls or hedges higher than 42 inches within the
front yard setback. All three lots, 709, 715 and 708 all have hedges that vary between
6.5 feet to 15 feet within the front yard setback. The remaining lots (80%) are either
open at the front yards (without a fence, wall or hedge) or have an improvement that
complies with the 42 inch height regulation.
Legal Registered Sites with over height fences, walls or hedges
Fence, Wall and Hedge Modification Findings and Zoning Administrator Action
Santa Monica Municipal Code (SMMC) Section 9.08.10.02.080(e) allows for
modifications to the height limitations noted above. The Zoning Administrator, who
reviews fence, wall, hedge height modification requests, must adopt specific findings of
fact in order to support any request. The findings for the modification include:
1)
2)
The proposed structures or hedges are compatible with other similar structures
and required to mitigate impacts;
The proposed structures or hedges are not detrimental or injurious to the property
or general vicinity; and
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3)
The proposed structures or hedges will not impair the integrity and character of the
neighborhood.
The Zoning Administrator held a public hearing for the height modification request on
December 9, 2014. On January 28, 2015, the Zoning Administrator denied the hedge
height modification based on the fact that a 7-foot hedge is not compatible with
prevailing characteristics of the 500 and 600 blocks of 17th Street where only a small
percentage of the properties have front yard fences, walls or hedges over 42” in height.
The Zoning Administrator’s determination denying the proposed height modification is
provided as Attachment D.
Appeal Summary
On February 11, 2015, the appellant filed an appeal of the Zoning Administrator’s
Hedge Height Modification denial. The appellant’s statement and basis for the appeal is
that the property owners were unaware of the 42” hedge height requirement and that
the prior existing hedge was well over 15’ in height at the time the owners purchased
the home. Due to the poor health and overgrown quality of the previous hedge the
homeowner replaced it with a 7’ Ficus in order to maintain the privacy the previous
hedge provided and to improve the overall aesthetic of the streetscape.
The full text of the appeal statement is included in Attachment C.
Appeal Analysis
The Zoning Administrator basis for the denial of the requested hedge height
modification was that the proposed 7-foot tall hedge within the front yard setback was
not consistent with the prevailing characteristics of the 500 block of 17th Street. The
subject block has 25 lots and only three of those lots (12%) have fences, walls or
hedges higher than 42 inches within the front yard setback. The neighborhood along the
500 and 600 blocks of 17th Street has a prevailing street character that is open at the
front yards because 88% of the properties are either open (without a fence, wall or
hedge) or have an improvement that complies with the 42 inch height limitation
specified by the City’s Zoning Ordinance. Additionally, the 400 block of 17th Street to
north has 28 lots and only one of those lots (4%) has a hedge higher than 42 inches in
overall height within the front yard setback and the 700 block to south has 15 lots and
only three of those lots (20%) have fences, walls or hedges higher than 42 inches within
the front yard setback. As a result of the lack of fences, walls and hedges over 42
inches in the surrounding area, the immediate neighborhood has an open street
character that allows for light and air to permeate front yards as well as sidewalks along
the 500 and 600 blocks of 17th Street. Therefore, the proposed 7-foot tall hedge in the
front yard setback is incompatible with surrounding residences in the neighborhood and
would impair the integrity and character of the neighborhood along the 500 and 600
blocks of 17th Street as well as the broader neighborhood along 17th Street.
Further, the proposed hedge will not be compatible with other similar structures in the
neighborhood and is not required to mitigate impacts from adjacent land uses, the
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subject property’s proximity to public rights-of-way, or safety concerns. The 7-foot
hedge in the front setback along the front property line is not compatible with other
hedges in the neighborhood as most fences, walls and hedges in the front setback
either comply with the 42” inch height limitation or are open and have no improvements
within the front yard setback of the immediate neighborhood on 17th Street.
Lastly, this hedge does not mitigate noise impacts from the immediate single family
neighborhood and does not serve as a necessary buffer from 17th Street which is a
roadway separated from the parcel by a 25’ wide sidewalk with an additional 30’
required front yard setback, providing a 55’ buffer from the front of the house to edge of
curb. The hedge system is not needed to mitigate impacts from adjacent land uses as it
is merely decorative.
Staff recommends that the Planning Commission uphold the Zoning Administrator’s
determination and deny the appeal pursuant to the draft Statement of Official Action,
Attachment A.
Community Meeting and Public Input
The appellant has not indicated to staff that any neighborhood outreach has been
conducted on his part and staff has received no comments from the public regarding
this appeal.
Alternative Actions:
In addition to the recommended action, the Planning Commission could consider the
following with respect to the project if supported by the evidentiary record and
consistent with applicable legal requirements:
1.
2.
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
Conclusion
A 7 foot tall front yard hedge is not consistent with the prevailing characteristics of the
500 and 600 blocks of 17th Street. The applicant/appellant did not provide any
additional justification to support an approval of the requested modification. Therefore,
staff continues to support the Zoning Administrator’s determination that the hedge
height modification be denied and recommends the Planning Commission uphold the
Zoning Administrator’s determination.
Prepared by:
Michael Rocque, Associate Planner
Paul Foley, Principal Planner
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Attachments
A.
Draft Statement of Official Action
B.
Public Notification
C.
Appeal Statement
D.
Zoning Administrator Statement of Official Action for Denial
E.
Project Plans
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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 15ENT-0080 of FWHM 14-0010
LOCATION:
530 17th Street
APPLICANT/
APPELLANT:
Carly Levine
PROPERTY OWNER:
Bruce Weiner
CASE PLANNER:
Michael Rocque, Associate Planner
REQUEST:
Appeal 15ENT-0080 of the Zoning Administrator’s denial
of FWHM 14-0010 for a hedge height modification on 17th
Street
CEQA STATUS:
This project is exempt from the California Environmental
Quality Act Guidelines (CEQA) pursuant to Article 18,
Section 15270, which exempts projects that are
disapproved
PLANNING COMMISSION ACTION
August 19, 2015
xx
Determination Date
Approved based on the following findings and subject to the
conditions below.
Denied.
Other:
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Each and all of the findings and determinations are based on the competent and
substantial evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information contained herein or in the findings are based on
the substantial evidence in the record. The absence of any particular fact from any
such summary is not an indication that a particular finding is not based in part on that
fact.
FINDINGS:
A)
The proposed hedge will not be compatible with other similar structures in the
neighborhood and is not required to mitigate impacts from adjacent land uses,
the subject property’s proximity to public rights-of-way, or safety concerns. The
7-foot hedge in the front setback along the front property line is not compatible
with other hedges in the neighborhood as most fences, walls and hedges in the
front setback either comply with the 42” inch height limitation or are open and
have no improvements within the front yard setback of the immediate
neighborhood on 17th Street.
This hedge does not mitigate noise impacts from the immediate single family
neighborhood and does not serve as a buffer from 17th Street which is a roadway
separated from the parcel by a 25’ wide sidewalk with an additional 30’ required
front yard setback, providing a 55’ buffer from the front of the house to edge of
curb. The hedge system is not needed to mitigate impacts from adjacent land
uses as it is merely decorative.
C)
The proposed modification to allow a 7-foot tall hedge within the front yard
setback would impair the integrity and character of the neighborhood in which the
improvement is located. Specifically, the proposed 7-foot tall hedge within the
front setback area is not consistent with the prevailing characteristics of both the
500 and 600 blocks of 17th Street between Marguertia Avenue and Alta Avenue.
The subject block has 25 lots, and only three of those 25 lots (12% of the lots)
have fences, hedges, or walls higher than 42 inches within the front yard
setback. The neighborhood along the 500 and 600 Block of 17th Street has a
prevailing street character that is open at the front yards because 88% of
properties are either open (without a fence, wall, or hedge) or have an
improvement that complies with the 42” height limitation specified by the City’s
Zoning Ordinance. As a result of the lack of fences, walls and hedges over 42
inches in the surrounding area, the immediate neighborhood has an open street
character that allows for light and air to permeate front yards as well as sidewalks
along the 500 and 600 blocks of 17th Street. Therefore, the proposed 7-foot tall
hedge in the front yard setback is incompatible with surrounding residences in
the neighborhood and would impair the integrity and character of the
neighborhood along the 500 and 600 blocks of 17th Street.
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VOTE
Ayes:
Nays:
Abstain:
Absent:
NOTICE
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.
_____________________________
Richard McKinnon, 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 August 18, 2015, 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:
None.
NOTE: The Commission stated at their October/November 2010 hearing that will not
hear a project on Consent if the applicant has not contacted the neighborhood group.
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA PLANNING COMMISSION
SUBJECT:
Appeal 15ENT-0080
th
530 17 Street
APPLICANT/APPELLANT:
PROPERTY OWNER:
Carly Levine
Bruce Weiner
A public hearing will be held by the Planning Commission to consider the following request:
An appeal of the Zoning Administrator’s denial of FWHM 14-0010 for a hedge height modification at 530
th
17 Street. The applicant/appellant requested a 7-foot hedge within the front yard setback area in lieu of
the maximum permitted 42-inches.
DATE/TIME:
WEDNESDAY, SEPTEMBER 16, 2015, 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:
Michael Rocque, Associate Planner
Re: 15ENT-0080
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 Russell
Bunim 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. Every attempt will made to provide the
requested accommodation. All written materials are available in alternate format upon request. Santa
Monica “Big Blue” Bus Lines #2, #3, Rapid 3, #7 and #9 service the City Hall and Civic Center. “Big Blue”
Bus Lines #2 and #8 now runs on Ocean Avenue instead of Main Street due to the Colorado Esplanade
construction.
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.
APPROVED AS TO FORM:
___________________________
Amanda Schachter
Planning Manager
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