Planning Commission Report

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1 Planning Commission Report To: From: Subject: Planning Commission Planning Commission Meeting: September 16, 2015 Amanda Schachter, City Planning Division Manager Agenda Item: 8-C Appeal 15ENT-0080 of the Zoning Administrator s denial of Hedge Height Modification 14FWHM Address: th 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. Uphold the Zoning Administrator Determination and deny Appeal 15ENT 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 th 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 17 th 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

2 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: Single Family (R-1) (NOMA) Land Use Element Designation: Single Family Housing Parcel Area (SF): 7,520 SF Parcel Dimensions: 50 x 150 Existing On-Site Single family house Improvements (Year Built): 2001 Rent Control Status/Remaining tenants on-site: Single family dwelling, exempt. Site Location Map The subject property is located along the 500 block of 17 th 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 2

3 locations. More specifically, Santa Monica Municipal Code (SMMC) Section (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 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 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 17 th Street through large front facing windows. A complaint was filed with the Code Compliance Division regarding the over-height hedges on September 5, 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 3

4 within the front setback area with the intent to enhance privacy and security from 17 th 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

5 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, th 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 17 th 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 th Street 5

6 50 South Neighbor th Street 6

7 Photos of Neighboring Properties on the East Side of 17 th Street: The majority of the existing streetscape along the 500 and 600 blocks of 17 th 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 17 th 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 th 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 th 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 7

8 (without a fence, wall or hedge) or have an improvement that complies with the 42 inch height regulation. The 400 block of 17 th 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, th 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 (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) The proposed structures or hedges are compatible with other similar structures and required to mitigate impacts; 2) The proposed structures or hedges are not detrimental or injurious to the property or general vicinity; and 8

9 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, 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 17 th 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 17 th 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 17 th 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 17 th 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 17 th 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 17 th Street as well as the broader neighborhood along 17 th 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 9

10 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 17 th 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. Continue the project for specific reasons, consistent with applicable deadlines and with agreement from the applicant 2. 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 17 th 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 10

11 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 11

12 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 LOCATION: APPLICANT/ APPELLANT: PROPERTY OWNER: CASE PLANNER: REQUEST: CEQA STATUS: th Street Carly Levine Bruce Weiner Michael Rocque, Associate Planner Appeal 15ENT-0080 of the Zoning Administrator s denial of FWHM for a hedge height modification on 17 th Street 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: 12

13 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 17 th 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 17 th 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 17 th 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 17 th 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 17 th Street. 13

14 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 , which provision has been adopted by the City pursuant to Municipal Code Section 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 14

15 ATTACHMENT B PUBLIC NOTIFICATION INFORMATION Pursuant to Municipal Code Section 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 , 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. 15

16 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA PLANNING COMMISSION SUBJECT: Appeal 15ENT th 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 for a hedge height modification at th 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: LOCATION: WEDNESDAY, SEPTEMBER 16, 2015, AT 7:00 PM 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 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Russell Bunim at (310) , or by at russell.bunim@smgov.net. The Zoning Ordinance is available at the Planning Counter during business hours and on the City s web site at The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) or (310) 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) APPROVED AS TO FORM: Amanda Schachter Planning Manager 16

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