SR-120892-6E
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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. ~ ..~
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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.
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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.
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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.
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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
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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
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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)
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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.
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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:
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. 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
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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
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