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SR-7-F IF CITY PLANNING DIVISION Land Use and Transportation Management Department M E M 0 RAN DUM DA~2: May 1, 1991 :0: The Honorable Planning Commission FROM: Planning staff SUBJECT: Condit1onal Use Permit 91-013 Vesting Tentative Tract Map 50580 Address: Applicant: 1142 Eighteenth Street Henry 'larmark SL'MMAR'l Action: Application for a Conditional Use Permit and Vesting Tentative Tract Map for a five unit condominium project. The proposal meets all applicable development standards. Recommendation: Approval with conditions Permit streamlining Expiration Date: September 15, 1991 Subdivision Action Deadline: June 20, 1991 SITE LOCATION AND DESCRIPTION The subject property is an 8,000 square foot corner parcel bound- ed by Eighteenth street on the west, Seventeenth Court on the east, and Wilshire Place North on the south. The property has a 50 foot frontage on Eighteenth street. Surrounding uses consist of two detached one-story duplex units (R2) to the north, a two- story commercial building and vacant land (C6) to the south, a parking lot (R2) to the east, and a three-story multifamily building (R2) to the west. There are no mature trees, signifi- cant vegetation or existing structures on the site. Zoning District: R2 Land Use District: Low Density Multiple Family Residential Parcel Area: 50 Feet X 160 Feet = 8,000 Square Feet PROJECT DESCRIPTION The proposed project involves a Conditional Use Permit and Vest- ing Tract Tract Map for a five unit condominium complex on one lot with 13 parking spaces and associated landscaping. All of - 1 - . the proposed condornln1ums are two stor1es with a loft level for a total build1ng hei~nt of 30 feet. The units range in size from 1,523 square feet to 1,622 square feet. Four of the units have three bedrooms and one unit has two bedrooms. Twel ve semi- subterranean parking spaces and one at grade parking space are proposed. parking lot access would be provided from the rear alley, Seventeenth Court, via Wilsh~re Place and Callfornia Avenue. !~NICIPAL CO~E AND GENERAL PLAN CONFOR~NCE ~he proposed proJect is consistent with the Municipal Code and in conformity w1th the General Plan as shown 1n Attachment A. CEQA STATUS The project is categorically exempt from the provls1ons of CEQA pursuant to Class 3(14) of the City of Santa Monica Guidelines for Implementation of CEQA. RENT CONTROL STATUS Four buildings containing eighteen dwelling units have been r:::!\oved from the rental housing market under the provisions of tne Ellis Act. ~ The project is subject to a Parks and Recreation Facilities Tax of $200 per unit and a Condominium Facilities Tax of $1,000 per .saleable unit for a total tax of $6,000. In addition, the proj- ect is required to comply with Program 12 of the Housing Element of the General Plan as implemented by Ordinance No. 1519 (CCS), which may be satisfied by providing affordable inclusionary hous- ing on-site or by payment of an in-lieu fee. This fee, prior to adj~stment in accordance with changes in the CPI, will be $124,400 based on a gross residential proj ect area of 8,000 square feet. ANALYSIS pro;ect Design The proposed project involves a one lot subdivision for the pur- pose of constructing five (5) condominium units, 12 semi- subterranean parking spaces and one quest parking space along the rear alley (17th Court) for a total of 13 spaces. Four (4) of the units have three (3) bedrooms and the rear unit has two (2) bedrooms. The maximum height of the proposed building is two stories (excluding the loft level) at 30 feet above the average natural grade. The project fronts onto lath Street, with a common walkway pro- posed along the northerly property line for side yard access to the front entry of the units. The walkway leading to the units is accessible from the front, 18th Street, and the rear, l7th - 2 - Court. The rear of the units have patios t.hat abut wilshire Place to the south. Lofts overlooking the master bedrooms are proposed in each unit. The loft level is 1ncluded 1n the height limitat10n of the struc- ture but is not counted as a story because they are intermediate levels or mezzanines w1thout walls or partitions that do not ex- ceed 33 1/3% of the floor area of the bedrooms they overlook. The proposed loft areas consist of 70 square feet and the master bedrooms have 210 square feet, equating to 33 1/3%. The lofts provide access to the roof deck system facing Wilshire Place which could be used as a rooftop patio area. The original proposal submitted by the applicant included a flat roof. The applicant redesigned the project for pitched roofs in response to staff's concern that there be an appropriate transi- tion in scale between the proj ect and the adj acent residential development. A more detailed discussion of compatibility follows below in Neighborhood Compatibility. Parking and Circulation Driveway access is proposed from a 12 foot wide driveway from the rear alley, 17th Court, and is accessible from California Avenue and wilshire Place. Twelve (12) semi-subterranean parking spaces are proposed in secured two-car garage modules. Each garage module has a stairway leading up to the interior first floor level. A parallel, at grade, guest parJcinq space is proposed along the Seventeenth Court alley, adjacent to the garage drive- way. The driveway location, design, and the parking layout has been reviewed for preliminary approval by the City Parking and Traffic Engineer. Neighborhood Compatibility The surrounding neighborhood is characterized by low density, multifamily residential development with intermittent single fam- ily detached development. Structures vary in height from one story to two stories with densities consistent with the R2, Low Density Multiple Family Residential District of 29 dwelling units per net acre. Commercial uses allowed in the C6, Boulevard Com- mercial District border the southern boundary of the site along the Wilshire corridor. Residential properties adjacent to the Wilshire corridor are uniquely located because they can serve as a transition between the commercial and residential land uses. wilshire Place North, which runs parallel to Wilshire Boulevard from Seventeenth Street to Chelsea Avenue, functionally serves as a limited east-west roadway providing alternate side and rear access for the commer- cial establishments for parking or delivery services, and as an access point to the rear alley system of the residential neigh- borhood north of Wilshire Boulevard. properties adjacent to Wil- shire Place North form the residential interface with the commer- cial uses along Wilshire Boulevard and are exposed to more dis- turbances from commercial operations and traffic. The proj ect - 3 - proposal 1nvolves multifamily development which would serve ef- fectively as a tra~sitional use bufferlng less intense res~den- t~al development from the cornmerc1al development. The mass and scale of the project has been designed to incorpo- rate several changes in vertical and horizontal planes for a more compatible relationsh1p with the existing residential develop- ment. The vertical height elements of the building are scaled down so that the loft level is 30 feet (excluding a two foot parapet), the roof deck wall is 25 feet, and the roof of the second level is 22 1/2 feet in height. With the exception of the loft level which has a flat roof, all other roofs are pitched to reduce the mass of the building. Several breaks in horizontal plane are utilized along the axis of the building with recessed room separations and patios. Window openings of varying size and height provide more horizontal and vertical variation. The design of the project employs several provisions to form a compatible interface with the surrounding residential develop- ment. An unexcavated side yard has been positioned between the project and the adjacent duplex residences on the north to pro- vide a four (4) foot landscaped sideyard. The backyard and roof deck patios are proposed on the opposite side of the building away from the existing residence for more privacy. Pitched building roofs have been utilized to reduce the building mass and provide a more residential appearance that is compatible with the existing duplexes to the north. Development across Eighteenth Street is comprised of predominantly similar multifamily dwell- ings that are spatially separated by 60 feet of right-of-way, 40 feet of setbacks, and street landscapinq. The adjacent building at the rear across Seventeenth Court serves a similar transition- al purpose by providing multifamily development adjacent to com- mercial development. with the exception of the driveway and the side entry, there are no windows or doors facing the building at the rear that could potentially infringe upon the privacy of both residents. Conclusion The proposed project complies with all applicable provisions of the Zoning Ordinance, Subdivision Ordinance and the General Plan. The project is also compatible with the surrounding neighborhood and residences. RECOMMENDATION It is recommended that the Planning commission approve Condition- al Use Permit 91-013 and Vesting Tentative Tract Map 50580, sub- ject to the following findings and conditions. TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, together with its provision for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica, in that the project conforms to the standards for - 4 - residential development established for properties in the R2, Low Density Multiple Family Residential Distr1ct. 2. The site is physically suitable for the proposed type of development, 1n that the slte is regularly shaped with flat terrain to appropriately accommodate the provision of requlred parking, setbacks and landscaping. 3. The site is physically suitable for the proposed density of development, in that the project site has 8,000 square feet of area in the R2 District which can accommodate f1ve (5) units at 1,300 square feet per unit. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or sub- stantially and avoidably injure fish or wildlife or their habitat, in that the proposed project involves the development of a vacant parcel in an urban area that once had buildings on it and has no significant vegetation or wildlife resources. 5. The design of the subdivision or the type of improvement will not cause serious public health problems, in that all utilities and public emergency services provide service to the site. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision, in that existing utilities are adjacent to the project site within improved roadways and existing easements. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance" I in that the proposed proj ect involves the construction of multifamily housing which is principally permitted within the R2, Low Density Multiple Family Residential District. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the proposed project has been designed with compatible elements of scale and mass consistent with the surrounding mUlti-family development. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the project complies with the standards established for the R2 District for adequate site area per unit, parking, open space and landscaping. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses - 5 - are to remain, 1n that present land use is vacant and designated :~r ~ultifamily development of a similar densi- ty to the project proposal. 5. The proposed use would be compatible with existing and permissible land uses w~thin the district and the general area in which the proposed use is to be located, in that the project is a transitional land use serving as an 1n- terface between the C6, Boulevard commercial District and the existing, less intense residential development allowed in the R2, Low Density Multiple Family Residential District. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that existing utilities are adjacent to the site within improved roadways and easements and within the emergency service area. 7. PUblic access to the proposed use will be adequate, in that the site is adequately served by an existing network of streets and transit routes. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the project is a transition of more intense residential development adjacent to com- mercial development that buffers less intense residential uses with multifamily building elements of compatible mass, scale and building height. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the proposed project would implement the plans and policies for build- out of the R2, Low Density Multiple Family Residential District. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that adequate infrastructure and emergency services are available, an existing street and transit network serves the site, and all applicable regulations relative to the development of the proj ect for open space ( parking, and development standards have been complied with. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, section 9055 of the City of Santa Monica Comprehensive Land Use and zoning Ordinance, in that these sub chapters are not applicable to new condominium developments. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the area - 6 - is zoned for rnul ti-farnily residential use, and the pro- posed proj ect '.....ould provide addi tlonal housing t....here a hous~ng imbalance currently exists throughout the community. CONDITIONAL USE PERMIT CONDITIONS Plans 1. ThlS approval is for those plans dated (4/16/91), a copy of which shall be maintained in the files of the City Plan- ning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the city of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subj ect to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. Architectural Review Board 5. Prior to consideration of the project Py the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architec- tural Review Board, in its review, shall pay particular attention to the aesthetie, landscaping, and setback im- pacts of any ramps or other features necessitated by ac- cessibility requirements. 6. The Architectural Review Board, in its review, shall en- sure that at least 50% of the required front yard setback and sot of the unexcavated side yard setback shall be ade- quately landscaped. 7. Plans for final design, landscaping, screeninq, trash en- closures, and signage shall be Subject to review and ap- proval by the Architectural Review Board. - 7 - 8. The Architectural Review Board, in its review, shall pay partic~lar a~tention to the project's pedestrian or~enta- tion and amen~ties; scale and articulation of design ele- ments; exterior colors, textures and materials: w1ndow treatment: glazing; and landscaping. 9. Construct1on per~od s1gnage shall be subject to the approval of the Architectural Review Board. 10. Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 11. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9040.13-9040.15. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. 12. No gas or electric meters shall be located within the re- quired front or street side yard setback areas. The Ar- chitectural Review Board in its review shall pay particu- lar attention to the location and screening of such meters. Fees 13. The city is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the City. This ordinance may require that the owner of the proposed proj ect pay such new development fees, and that employers within the project pay such new annual ~m- ployer fees related to the City's Transportation Manage- ment Plan. 14. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unites) on the subject lot, per and subject to the provisions of section 6670 et seq. of the Santa Monica Municipal Code. Construction 15. Unless otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. - 8 - 16. Sldewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the proJect as deter- m1ned by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Serv1ces. Approval for this work shall be ob- ta1ned from the Department of General Services prior to issuance of the building permits. 17. Vehicles hauling dirt or other construction debris from the s1te shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. 18. street trees shall be maintained, relocated or provided as required in a manner consistent with the city's Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 19. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General services prior to issuance of a building permit. The ap- proved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how de- molition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erec- tion/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations ~ 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) specify the na- ture and extent of any dewatering and its effect on any adjacent buildings~ 8) Describe anticipated contruction- related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling~ 10) state whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of pub I ic streets for parking: 15} List a designated on-site construction manager. 20. A sign shall be posted on the property in a manner consis- tent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign - 9 - shall also 1ndicate the hours of permissible construction wor1c . 21. A copy of these condi t10ns shall be posted in an easily v1s1ble and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherw1se protected to ensure durability of the copy. EnV1ronmental Mitigation 22. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) 23. Prior to issuance of a Certificate of Occupancy, project owner shall present documentation to the General Services Department certifying that existing Santa Monica occupan- cies with toilets installed prior to 1978 have been retro- fitted with ultra low-flow toilets (1.6 gallons per flush or less) such that development of the new project will not result in a net increase in wastewater flows. Flow from existing occupancies which will be removed as part of the new development may be deducted from flow at- tributable to the new development if such occupancies have been occupied within one year prior to issuance of a Building Permit for the proposed project. Alternatively, proj ect owner may provide a payment to the General Ser- vices Department in an amount specified by General Ser- vices in lieu of the installation requirement, which funds shall be used by the City for the exclusive purpose of achieving compliance with this condition by retrofitting existing occupancies. Flow calculations for new develop- ment and existing occupancies shall be consistent with guidel ines developed by the General Services Department. Projects subject to this condition shall not be eligible for the IIBaysaver" rebate program. Miscellaneous CUP Conditions 24. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 25. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 26. Street and/or alley lighting shall be provided on public rights of way adjacent to the project if and as needed per - 10 - the specifications and with the approval of the Department of General S~~1ces. 27. Any lofts or mezzanines shall not exceed 99 square feet unless appropr1.ate required parking is supplied. Such areas shall also not exceed 33.3% of the room below unless comp11ance with the district.s limits on number of stories can be ma1nta1ned. 28. No fence or wall within the required front yard setback, inclusive of any subterranean garage slab and fencing or railing on top thereof, shall exceed a height of 42" above actual grade of the property. 29. A security gate shall be provided across the opening to the subterranean garage. If any guest parking space is located in the subterranean garage, the security gate shall be equipped with an electronic or other system which will open the gate to provide visitors with vehicular ac- cess to the garage without leaving their vehicles. The securi ty gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit. Validity of Permits 30. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 31. Within ten days of Planning Division transmittal of the statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the Condi- tions of approval and aCknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 32. This determination shall not become effective for a period of fourteen days from the date of determination, or, if appealed, until a final determination is made on the ap- peal. Any appeal must be made in the form required by the Zoning Administrator. The term of approval of this permit shall expire two years from the permit's effective date, unless a building permit has been issued for the project prior to the expiration date. 33. Within thirty (30) days after final approval of the proj- ect, a sign shall be posted on site stating the date and - 11 -