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SR-120892-6E . califorQ .,.,E- LUTM:PB:DKW:SLM/CCMEMO.PCWORD.PLAN Santa Monica, Council Mtg: December 8, 1992 f)f C - uc 1 ~ 199, TO: Mayor and City Council FROM: City staff SUBJECT: certification of statement of Official Action for Appeal of Tentative Parcel Map #21159 and Variance 92-013, 3222-3232 23rd Street. INTRODUCTION This report transmits for City Council certification the statement of Official Action for denial of the appeal of Planning Commission's denial of Tentative Parcel Map #21159 and Variance 92-013 to allow the subdivision of a 11,518 SF parcel with two existing on-site single family dwellings into two parcels of 6,293 SF (Parcell) and 5,225 SF (Paroel 2). The appeal was made by Mohammad Davari, also the applicant. On September 22, 1992, the City council denied the appeal and upheld the decision of the Planning commission as expressed in the findings and conditions in the attached statement of Official Action. It should be noted that Council has decided to reconsider this appeal. The reconsideration is a separate action and will be memorialized in a separate statement of Official Action. BUDGET/FINANCIAL IMPACT This recommendation will have no budget or financial impact. RE COl.fMENDATI ON It is respectfully recommended that the City Council approve the attached statement of Official Action which contains findings for the denial of Tentative Parcel Map #21159 and Variance 92-013. ~ ..~ ,- ULL "II ~o . .1.. - i-::Ji. - ----- Prepared by: Paul Berlant, Director of Land Use and Transportation Management Sue Martin, Assistant Planner Attachment: A. statement of Official Action dated 09/29/92. , CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Tentative Parcel Map 21159 & Variance 92-013 LOCATION: 3222-3232 23rd street APPLICANT & APPELLANT: Mohammad Siadat and Mohammad Davari CASE PLANNER: Susan White, Assistant Planner REQUEST: Appeal of Planning commission Denial of Tenta- tive Parcel Map 21159 and Variance 92-013 to allow the subdivision of a 11,518 sq. ft. par- cel with two existing on-site single family dwellings into two parcels of 6,293 sq. ft. (Parcel 1) and 5,225 sq. ft. (Parcel 2) . Par- cell has a substandard depth of 59' and a 12' nonconforming front yard setback. Parcel 2 has a substandard depth of 88t and a noncon- forming 5' rear yard setback. CEQA STATUS: Categorically exempt per the City of Santa Monica Guidelines for Implementation of CEQA; Class 5. CITY COUNCIL ACTION 9/22/92 Date. Approved based on the following findings and subject to the conditions below. X Appeal denied subject to the findings below. Other. VARIANCE FINDINGS l. There are no special circumstances or exceptional charac- teristics applicable to the property involved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification, in that the orientation of the parcel as currently existing is similar to sur- rounding properties. - 1 - . 2. The granting of such variance will be detrimental or in- jurious to the property or improvements in the general vicinity and district in which the property is located, in that the orientation and size of proposed parcels, Parcel 1 and Parcel 2, are not similar to the prevailing pattern of development in the area, in that substandard setbacks would exist and in that the intensity of land use and den- sity would increase permanently for the existing Rl parcel. 3. The strict application of the provisions of this Chapter would not result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships, in that the existing parcel fits into the es- tablished pattern of development. 4. The granting of a variance will be contrary to or in con- flict with the general purposes and intent of this Chap- ter, or to the goals, obj ecti ves and policies of the General Plan, in that the orientation and size of proposed parcels, Parcel 1 and Parcel 2, are not similar to the prevailing pattern of development in the area, in that the subdivision would result in substandard setbacks, and in that the intensity of land use and density would increase permanently for the existing R1 parcel. TENTATIVE PARCEL MAP FINDINGS 1. The proposed subdivision, together with its provision for its design and improvements I is not consistent with ap- plicable general and specific plans as adopted by the city of Santa Monica, in that the sUbdivision would result in substandard parcel lengths and setbacks, and in that the intensity of land use and density would increase perma- nently for the existing Rl parcel. VOTE Ayes: Genser, Olsen, Vazquez Nays: Holbrook, Abdo Abstain: Absent: Katz, Zane NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Or- dinance, 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 1400. - 2 - , . I hereby oertify that this statement of Official Action accurate- ly reflects the final determination of the city council of the city of Santa Honica. ~ ~ j)1~ /,;2.... /7 -9;2- .......signa ture / date Clarioe ~khouset City Clerk Please Pr1nt Name and Title I hereby agree to the above condit.ioDS of approval and acknowledqe that failure to comply with such conditions shall constitute grounds tor potential revocation of the permit approval. Applicant's Signature Print Name and Title PC/E013 SMW - 3 - . residential districts. Reducing the standards will not render the zoning Ordinance and Land Use Element inconsistent with one another. The Zoning Ordinance may establish lower standards than the Land Use Element and still be consistent with the General Plan. 2. Modified Site Review Thresholds for Residential and Commercial Districts. The site review thresholds contained in the Draft Zoning Ordinance will determine if a project requires Planning Commission approval, or if it is subject to administrative approval by staff. The commercial and residential site review thresholds recommended by the Planning Commission were the result of compromise between members of the Planning Commission. The figures were derived from motions made by those who felt the threshold should be high to facilitate development, and motions made by those members who felt they should be low to allow for discretionary review. The numbers contained in the Planning Commission's draft reflect the n11'mhers that could obtain four votes. Staff is recommending reduction of the site review thresholds in the R2, R3, and R4 Districts. In the R2 District the 35,000 square foot threshold proposed by the Planning conunission would equal a project developed on over 4 typical residential lots with approximately 23 units. Staff is recommending a reduction in this standard to ensure greater protections in the R2 District. staff recoF~ends a 20,000 square foot threshold in the R2 which o r- .... (' ~ VI..; v - 4 - non-residential developments to adopt worksi te transportation plans to reduce or facilitate the reduction of employee commute trips and to pay transportation impact fees to reduce traffic congestion and improve air quality in the city. There has been some delay in implementation of the ordinance due to lengthier than anticipated negotiations with SCAQMD, time necessary to recruit and fill positions to staff the program, and new requirements from the Los Angeles County Transportation Commission (lACTC) . On April 30, 1992, the City and the SCAQMD executed a Memorandum of Understanding (MOU) so that the city's TMP Ordinance would apply to employers in the City of Santa Monica in place of SCAQMD's Regulation XV, as long as certain conditions were met and continue to be met. One of those conditions is that the City amend the TMP to reflect amendments to Regulation XV as long as those amendments do not make the City's TMP less stringent than Regulation XV. Three staff positions were approved to implement the TMP: a Staff Assistant III, and two Transportation Management Specialists. The Staff Assistant III position was filled on July 1, 1992. The Transportation Management Specialist position classification was approved by the Personnel Board on March 25, 1992 and recruitment is underway. It is anticipated that these positions will be filled in early 1993. Finally, the Los Angeles County Transportation Commission (lACTC) 2 has released its model Transportation Demand Management (TOM) Ordinance for the Congestion Management Program (CMP). state CMP statues require that all local jurisdictions adopt and implement TDM Ordinances by April 1, 1993. with additions to the TMP recommended in this staff report, the CMP requirements regarding the TDM Ordinance will, in part, be met by the city. ADOPTION OF APPROVED SCAQMD REGULATION XV CHANGES In December, 1991 and June, 1992, the SCAQMD adopted amendments to Regulation XV which the city needs to incorporate into the TMP. These amendments require employers preparing trip reduction plans that include employee involvement and notification as summarized in the following: 0 All plans are required to describe what actions the employer took to actively involve employees in the development of commute alternative incentives. Examples of acceptable employee involvement efforts include open- ended survey questions, quality circle discussions, employee awareness programs, and focus groups. 0 Employers are required to notify their employees of the contents of the plan thirty (30) days prior to filing the plan. Notification must include where and when employees can review the proposed plan. Employers must also notify employees of plan approval within 30 days of such approval. It is recommended that the City council direct the City Attorney to draft similar language for inclusion in the TMP Ordinance to ensure that the TMP remains current with Regulation XV provisions. 3 . SECTION 9002.1 - APPLICATION, requires that all development and building alterations and all uses of property must be consistent with the Zoning Ordinance regulations. SECTION 9002.2 - VESTED RIGHTS, a new section, establishes the necessary standards for determining how to apply the new Zoning Ordinance to projects which were previously approved. The modifications proposed are for improved understanding. SECTION 9002.3 - BUILDING PERMITS, relocates the existing requirement for a building permit now in SMMC Section 9152, to this section of general requirements. SECTION 9002.4 - ZONING CONFORMANCE REVIEW, codifies existing adm1nistrat1ve policy that all construction, changes of occupancy and changes of use must be reviewed by the City Planning Division for conformance with the Zoning ordinance. SECTION 9002.5 - USE OF STANDARD INDUSTRIAL CLASSIFICATION (SIC) MANUAL, indicates that starf followed this standard, and recommends that the City continue to use this standard Federal reference publication to aid in defining commercial and industrial land uses. SECTION 9002.6 - CONFLICT WITH OTHER REGULATIONS, indicates that in cases where the Zoning ordinance establishes a more stringent requirement for the use of land than the Building Code or other regulations, that the Zoning Ordinance requirements take precedence. SECTION 9002.7 - COMPLIANCE, requires city officials to apply the Zoning Ordinance. SECTION 9002.8 - COMPLIANCE BY CITY f SCHOOL DISTRICT AND OTHER AGENCIES, a significant modification of eX1sting SMMC Section as reconunended by the Planning commission requires all public as well as private entities to comply with the Zoning Ordinance. staff is recommending that current regulations remain in effect which exempt City projects from the Zoning Ordinance. The reason for this is due to the fact that all projects developed by the City are subject to review and approval by the City Council. The City Council establishes the Zoning Ordinance standards and will determine as part of any approval process if a project is consistent with the established goals and policies of the city. SECTION 9002.9 NEIGHBORHOOD IMPACT STATEMENT, this section clarifies Pol~cy 2.1.1 of the Land Use Element to require neighborhood impact statements to be prepared as part of the environmental review process. SUBCHAPTER 4A - Rl-SINGLE FAMILY RESIDENTIAL CSES REGULATIONS, th~s Sect~on incorporates the development standards proposed by the Planning Commission intended to protect the existing character of the R-l District. The modifications recommended by staff consist of the following: O r~ ') ". . I 'J L. I . - 7 - - - - -- - ---- . . The necessary additions are summarized as follows: o Non-residential development of 25,000 square feet or more must provide a bulletin board, display case, or kiosk displaying transportation information about transit routes and schedules, the regional ridesharing agency and other commuter-oriented organizations, bicycle routes and facilities, and facilities available on-site for ridesharers. o Non-residential development of 100,000 square feet or more must, in addition to the above, provide: vanpool and carpool boarding areas; internal sidewalks or other safe pathways connecting to the external pedestrian circulation system; and, any bus stop improvements deemed necessary by the City to mitigate project impacts. It is recommended that the city Council direct the city Attorney to draft language to add to the city's adopted TMP Ordinance to meet the CMPjTDM requirements. BUDGET/FINANCIAL IMPACT No budget or financial impacts will result from these recommendations. RECOMMENDATIONS It is respectfully recommended that the City council direct the Ci ty Attorney to prepare an ordinance amending the City' s TMP Ordinance to: 1. Add language adopted by SCAQMD to Regulation XV concerning employee involvement and notification of trip reduction plan preparation to maintain the TMP's status as more stringent than Regulation XV. 2. Amend the dates when the City will begin notifying employers of their need to comply with the TMP provisions and, accordingly, amend the dates when employers must 5 . . ~ . with comply the TMP, whether or not they have been notified by the city to do so. 3. Incorporate additional requirements for new non- residential development to fulfill certain requirements of the city's Congestion Management Plan ( CMP) Transportation Demand Management (TOM) ordinance, mandated by the state. Prepared by: Paul Berlant, Director of LUTM Ron Fuchiwaki, City Parking and Traffic Engineer Karen Pickett, Transportation Management Coordinator 6 - -