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SR-7-A (57) 7-h LUTM:PB:DKW:S}m/al138.pcword.plan council Mtg: July 9, 1991 Santa Monica, califorfl.!.la 9 1991 JUL 2 3 1991 TO: Mayor and City Council FROM: city staff SUBJECT: Appeal of Two Planning commission Conditions of Approval (No. 15 and No. 39) for Conditional Use Permit 91-012 to Permit the Construction of an Eight Cnit Residential Condominium project at 1138-1144 Yale street. INTRODUCTION Conditional Use Permit 91-012 and vesting Tentative Tract Map 50249 were approved on May 8, 1991 by the Planning Commission to construct a two story, eight unit residential condominium project at 1138-1144 Yale street. The applicant has appealed two conditions of approval: 1) Condition No. 15 regarding compliance with the Transportation Management Plan and 2) Inclusionary Unit Condition No. 39 regarding compliance with the inclusionary housing requirements of the Housing Element of the General Plan of the city of Santa Monica. This report recommends that the City Council, in a two part action; deny the appeal of Condition No. 39 regarding inclusionary housing as approved by the Planning Commission, and uphold the appeal to delete Condition No. 15 regarding the Transportation Management Plan. BACKGROUND The Planning Commission approved Conditional Use Permit 91-012 and Vesting Tentative Tract Map 50249 on May 8, 1991 to permit the construction of a two story, eight unit residential - 1 - 7-1} JUL 9 1991 Jll1 .J ~ lant _ condominium project at 1138-1144 Yale Street (Attachment B), On May 7, 1991, staff received a letter from the applicant's representative contesting staff proposed conditions No. 15 and 39 (Attachment C and D), Staff evaluated the applicant I s request and the Planning commission maintained the inc1usionary housing condition as proposed, and made minor modifications to the remaining conditions in question (Attachment E) , Applicant's Appeal The applicant has appealed Planning Commission Condition No. l5 and No. 39 (Attachment A). Staff is recommending that Condition No. 15 be deleted as residential projects are not proposed to be included in the proposed fee structure of the Draft Transportation Management Plan. The applicant's representative contends that revision of the city's Housing Element is necessary to include a 30% inclusionary housing requirement in place of the 15% requirement referenced in the existing Housing Element to comply with the Element's Inclusionary Housing Program. The representative also contends that the adoption of Ordinance No. 1519 failed to satisfy the procedures set forth in state housing laws (Government Code section 9121. 6, et sec.) for proper amendment of the Housing Element. The applicant's representative also requested that Condition No. 39 be amended to comply with Program 12 as constituted in Resolution No. 7385 and with Ordinance No. 1448 which the representative contends 1I,..properly implements Program 12 in its present form. II , (see Attachment C). Based on this - 2 - --.. '" v 1"~1 contention I the apPlicant's representative is requesting that Condition No. 39 he amended to require the developer to provide 15% of the nine proposed units, or one affordable unit, or to comply with the in-lieu fee schedule as set forth in Ordinance No. 1448. The city Attorney has indicated that both ordinance No. 1448 and No. 1519 are lawful and consistent with State planning regulations. Unless amended, both the Planning commission and Council are Obligated to comply with both ordinances. In addition, under provisions of state planning law, charter cities such as Santa Monica are not required to maintain consistency between the general plan and zoning, and even if such consistency were required, the inclusionary requirements are not part of the Zoning Ordinance. Furthermore, the City is in the process of amending the Housing Element. These amendments will address the Program 12 inclusionary housing issue. BUDGET/FINANCIAL IMPACT There is a difference in the inclusionary housing fees based upon the applicable ordinance. Ordinances 1519 and 1448 have diffe~ent respective in-lieu fees of $15.65 and $5.07 per gross square foot. Both are adjusted monthly based upon the Consumer Price Index (CPI) fluctuations. Based upon 14,702 square feet, the Ordinance 1519 fees are estimated at $230,086.30 and Ordinance 1448 fees are estimated at $74,539.14. The difference in fees between both ordinances is $155,547.16. - 3 - RECOMMENDATION It is respectfully recommended that the city Council: deny the appeal of Condition No. 39 regarding inclusionary housing as approved by the Planning Commission, and uphold the appeal to delete Condtion No. 15 regading the Transportation Management Plan. ATTACHMENTS A. Appeal of Conditional Use Permit 91-012 dated 5/12/91. B. statement of Official Action for CUP 91-012 and VTTM 50246 dated 5/8/91. C. Letter from Lawrence & Harding, Inc. to staff dated 5/7/91- D. Staff Report Memorandum to Planning commission dated 5/1/91- E. Supplemental Staff Report Memorandum to Planning commission dated 5/8/91. Prepared by: D. Kenyon webster, planning Manager Susan White, Assistant Flanner Planning Division Land Use and Transportation Management Department SMW/PC/al138 07/02/91 - 4 - Clty of Santa Monica Commurlly and EconomiC Development Department Planning and Zoning Division (213)4588341 APPEAL FORM A <-I i - G \ 8 Date Filed Received by Receipt No s; I 2.. \ /'1. \ ~ 1 10\ 0 ( Sw FEE: $100 00 Name Stark Farm1y Trust c/o LawTence & Hard:in9 Address 1250 SlXth Street, :d300, Santa !>bnica, Cahfornia 9040l Contact Person Kenneth L. Kuthcer Phone (213) 393-1007 Please descnbe the project and declSlOn to be appealed This project is a nme-unit condan.uuuw proJect supported by Mld-City ~eighl:ors. The project was approved on May 8, 1991 by the P1anm.n9 CarrniSSlon. The Stark Fanuly Trust hereby apceals the impoSltion of CUP Conmtl.on :Nos. 15 and 39. The Stark Fanu1y Trust does not a~l the approval of Vestlng Tentative Tract Map No. 50249, which becarre effect1ve on May 20, 1991. Case Number CUP No. 9l-0l2 Address 113B-ll44 Yale Street ApplIcant Stark Family 1';rnst anginal hearing date fJI..ay 8 r 1991 anginal actIon May 8, 1991 Please stale the specific reason(s) for the appeal See the attached letter to the Planning Cuuu.lss1on fran Lawrence & Hardin9 dated May 7, 1991. The Stark Fanu1y Trust contends that CUP Condihon No. 15 should be deleted in its entirety; the Stark Family Trust lS not satisfied with the anendrrents to this conchtian adopted by the Plarming Camtisslan. Furthe:rnore, the Stark Family Trust contends that prcqram 12 (Le., Resolution No. 7385) aT'ld Ordlnance No. 1448 govern. CUP Condltion No. 39. The Stark Family Trust reserves the right to supplerrent the baS1S for thls appeal prior to and during the public hearmg on this appeal. Stark F~l~ ~T:r;uf / (t' ~rtlOOal space IS needed, use back of form Signature / f' U..-\...._____ ~~~~ Date May 21, 1991 ~1 viTI Stark, trustee PROJECT STATEMENT OF OFFICIAL ACTION NUMBER: Conditional Use Permit 91-012, Vesting Tenta- tive Tract Map 50246 LOCATION: 1138-1144 Yale street APPLICANT: Stark Family Trust CASE PLANNER: Susan White, Assistant Planner REQUEST: Application for a Conditional Use Permit and a vesting Tentative Tract Map to permit the con- struction of a two, 2 story, 9 unit residen- tial buildings totalling 9 condo:minium units on a 14,805 sq. ft. parcel in the R2 & R2A (Low Density Multiple Family Residential) District. PLANNING COMMISSION ACTION 5/8/91 X Date. Approved based on the following findings and subject to the conditions below. Denied. Other. EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED: 5/22/91 5/18/91 Case #CUP 91-012 Case #VTTM 50246 EXPIRATION DATE(S) OF ANY PERMITS GRANTED: 5/22/93 5/18/93 Case #CUP 91-012 Case #VTTM 50246 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S) 8/22/93 5/18/96 Case #CUP 91-012 Case #VTTM 50246 - 1 - TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, together with its prov~s~on for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica, in that it conforms to the provisions of the Zoning Ordinance for the R2 & R2A districts. 2. The site is physically suitable for the proposed type of development, in that it is a standard lot, able to accom- modate the proposed structure while providing required setbacks, lot coverage limitations and required paI:king onsite. 3. The site is physically suitable for the proposed density of development, in that it is a parcel of 14,805 square feet in the R2 zone and can accomodate 9 units. 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 project is an urban in-fill development. 5. The design of the sUbdivision or the type of improvement will not cause serious pUblic health problems, in that all utilites are available. 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 the city Engineer has approved the tentative tract map and taken into account the required easements and dedications. 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" standards, in that, as condi- tioned, all required setbacks, lot coverage, building height and parking requirements are met. 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 this parcel is surrounded on one side by single family residential district, on two sides by mUlti-family residential district and on one side by boulevard commercial district. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the slope is not exces- sive, all parking can be provided on-site, and adequate open space is provided. - 2 - 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the two existing multi-family structures are proposed to be demolished. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the proposal will require Architectural Review Board ap- proval to ensure that it is similar in scale to existing and proposed development in the area. 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 the proposed use would not be detrimental to public health and safety, in that all utilities are avail- able to the site. 7. Public access to the proposed use will be adequate, in that the site is sufficiently served by an existing street. 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 buildings in the area are three story multi-family residential and the project will require Architectural Review Board approval to ensure that it is similiar in massing and placement to the proposed structure. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the project site is located in a multiple residential land use element dis- trict and complies with the applicable regulations. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that all public utilites area available, and required building code requirements will be enforced in the con- struction of the building. 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 Subchapters 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 is zoned for mUlti-family residential construction, and the subject proposal conforms in height and density to the R2 zoning districts. - 3 - CONDITIONAL USE PEID1IT CONDITIONS Plans 1. This approval is for those plans dated March 1, 1991, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consis- tent 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 subject 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 by 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 aesthetic, 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 all areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping and that 50% of the un excavated side yard setbacks shall be adequately landscaped. 7. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 8. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials ~ window treatment; glazing; and landscaping. - 4 - 9. The Architectural Review Board shall carefully review the side building elevations to ensure that an appropriate transition to adjacent structures is provided. 10. Construction period signage shall be subject to the approval of the Architectural Review Board. 11. 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. 12. 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. l3. 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. 14. The ARB shall pay particular attention to the articulation of the side building elevations to provide an appropriate transition to adjacent structures. Fees 15. 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, where applicable, within the project pay such new annual employer fees related to the city.s Transportation Management Plan. Development applications shall not be subject to the potential new development fee if no ordinance implementing such fees has been adopted prior to issuance of a building permit for the project. 16. 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 unit(s) on the subject lot, per and subject to the provisions of Section 6670 et seq. of the Santa Monica Municipal Code. Demolition - 5 - 17. Until such time as the demolition is undertaken, and un- less the stlucture is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveil- lance of the property to the satisfaction of the Building and safety Officer and the Fire Department. Any landscap- ing material remaining shall be watered and maintained until demolition occurs. 18. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 ( CCS) . 19. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 20. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 21. No demolition of buildings or structures built prior to 1930 shall be permitted until the end of a 30-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no de- molition shall be approved for 90 days from receipt of a complete application for demolition, or upon the deter- mination by the Landmarks commission that the application for landmark designation does not merit formal consider- ation, whichever is sooner. Construction 22 . 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. 23. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. 24. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. - 6 - 25. 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. 26. A construction period mitigation plan shall be prepared by the appl icant 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 contruction 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 public streets for parking; 15) List a designated on-site construction manager. 27. 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 shall also indicate the hours of permissible construction work. 28. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 29. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. - 7 - (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) Miscellaneous cup Conditions 30. 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. 31. street and/or alley ~ighting shall be provided on public rights of way adjacent to the project if and as needed per the specifications and with the approval of the Department of General Services. 32. Any lofts or mezzanines shall not exceed 99 square feet unless appropriate required parking is supplied. Such areas shall also not exceed 33.3% of the room below unless compliance with the district's limits on number of stories can be maintained. 33. 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. 34. 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 security gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit. Validity of Permits 35. In the event permittee violates or fail s 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. 36. wi thin 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 pre- pared by the Planning Division, agreeing to the Conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, ap- plicant shall not thereby waive any legal rights applicant - 8 - may possess regarding said conditions. The signed state- ment shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 37. 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. 38. within thirty (30) days after final approval of the proj- ect, a sign.shall be posted on site stating the date and nature of the approval. The sign shall be posted in ac- cordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon ex- piration of the Conditional Use Permit. Inclusionary Unit Condition 39. The developer shall covenant and agree with the City of Santa Monica to the specific terms, conditions and restrictions upon the possession, use and enjoyment of the subject property, which terms, conditions and restrictions shall be recorded with the Los Angeles County Recorder's Office as a part of the deed of the property to ensure that three affordable unit(s) is (are) provided and main- tained over time and through subsequent sales of the prop- erty. An inclusionary requirement of thirty percent of the units shall apply, of which at least ttr/enty percent shall be affordable to households not exceeding sixty per- cent of the the (HOD) Los Angeles County median income, with the balance of the inclusionary units affordable to households with incomes not exceeding 100% of the (HOD) Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the unit(s) available to eligible tenants and 2) responsibili- ties of the City of Santa Monica to prepare application forms for potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. Owner shall provide the City Planning Division with a conformed copy of the recorded agreement prior to approval of the Final Map. - 9 - 'Ihis prOV~S1.0n is intended to satisfy the inclusionary housing requirements of the Housing Element of the General Plan of the City of Santa Monica. Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Planning compliance with ordinance 1519 (CCS), which provides implementation standards for this program. Special Condition 40. The front yard trellis shall not project more than 30" into the required 20' front yard setback. TENTATIVE TRACT MAP CONDITIONS 1. All off site improvements required by the city Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approved by the city Engineer. 2. A subdivision improvement agreement for all off site im- provements required by the City Engineer shall be prepared and a performance bond posted through the city Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code Section 66452.6 and sections 9380-9382 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the City of Santa Monica for approval. No building permit for the project will be granted until such time as the final map is approved by the Santa Monica City council. 4. In submitting required materials to the Santa Monica En- gineering Division for a final map, applicant shall pro- vide a copy of the approved Statement of Official Action. 5. Prior to approval of the final map, Condominium Associa- tion By-Laws (if applicable) and a Declaration of CC & R's shall be reviewed and approved by the City Attorney. The CC & R' s shall contain a non-discrimination clause as presented in section 9392 (SMMC) and in the case of con- dominiums, contain such provisions as are required by Sec- tion 9l22E (SMMC). 6. The developer shall provide for payment of a Condominium Tax of $l,OOO per saleable residential unit per the provi- sions of section 6651 et seq. of the Santa Monica Municipal Code. 7. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of Sections 9330 through 9338 (SMMC) and the subdivision Map Act. The required Final Map filing fee shall be paid - 10 - prior to scheduling of the Final Map for City council approval. 8. The form, contents, accompanying data, and filing of the final parcel map shall conform to the provisions of Sec- tions 9350 through 9357 (SMMC) and the Subdivision Map Act. 9. One mylar and one blue-line copy of the :inal map shall be provided to and recorded with the Los Angeles County Re- corder prior to issuance of any building permit for a con- dominium project pursuant to Government Code Section 66499.30. Applicant shall also provide the County with a copy of this statement of Official Action at the time the required copies of the map are submitted. 10. A copy of the recorded map shall be provided to the Plan- ning and zoning Division before issuance of a Building permit. 11. Pursuant to Section 9366 (SMMC), if the subdivider or any interested person disagrees with any action by the Planning Commission with respect to the tentative map, an appeal or complaint may be filed in writing with the City Clerk. No appeal or complaint may be filed after a ten day period from the Commission's decision on the tentative map. Prepared by: Susan White, Assistant Planner VOTE Ayes: Nays: Abstain: Absent: Kaufman, Mechur, Nelson, Rosenstein Pyne Polhemus Morales 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 l400. I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the Planning commission of the city of Santa Honica. - II - HYt dat12Jf /1 / ph Mechur, Chairperson ase Print Name and Title I hereby agree to the above oonditions of approval and acknowledge that failure to comply with such conditions shall oonstitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title PC/sl144 DKW:SW - 12 - LAWRE\CE & HARDI.\'G A =":;;!:;)F'!.SS =....01.... ;:;:;~;:QI::i,o!.TIC"'" AT-ORN::::vS AT ~A.l'J 25-:) S .~-.... S-R::::E- ::-.,.s:-::::~"",~:;;: ..... -.L:.R:::: ...::; ;:: C....~::;-J A _~.~~-=l'E"- c::: 5:...... TE 3:JG- "'E....~,~-- '- ..Ij-.=-EP S~t.iTA "'C'.::::A ;:::...._ =-.::::-R......A 9-':::'4;:::" ~ I:'" 5 - ..,- --4~. 3 5':" ~ =- ~E.:...:::t;I_aNE '2"j.-. 39:)-"C:;:.7 "':::.{ L.. -, ....::Z~i.. ~~CS-"",...E: f2".1" ":'581959 s....:::::.-............ L s-~c:::-'" May 7, 1991 VIA MESSENGER Santa Monica Plann1ng commission 1685 Main street, Room 212 Santa Monica, CA 9040l Re: VTTM No. 50249; CUP No. 91-012 Address: 1138-1144 Yale street Applicant: stark Family Trust Our File No. 755.1 Dear commissioners: This law firm represents the Stark Family Trust with respect to the above-referenced application for authorization to construct a nine-unit condominium project at 1138-1144 Yale Street. The Staff Report for this project confirms that, with the exception of a minor six-inch discrepancy which shall be corrected, the project satisfies all applicable development standards. The Staff Report accordingly recommends approval of the project with conditions. We have comments concerning Condition Nos. 15 and 39. In addition, we believe a condition should be added to address the proper expiration date of the conditional use permit. Our comments are set forth below: CUP Condition No. l5. The Staff Report recommends the adoption of Condition No. 15 concerning the potential effect of enactment of the Transportation Management Plan. Condition No. l5 is drafted to read as follows: , L,\'~<RE~CE &: IiARDJ~G " ~rlO"-=:SSi':::: ~A'_ CC;::)Qo~I:lI.t...ll;:: L~ A.,.TQRr-...E.....S A~ :..A.W Plann1n~ Comm1ssioners May 7, 1991 Page 2 liThe City 1S contemplating the adoption of a Transportation Management Plan whlch lS intended to mitigate traffic and air qual1ty impacts result1ng 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 paid by certain types of employers in the City. This ordinance may requlre that the owner of the proposed project pay such new development fees, and that employers wi thin the proj ect pay such new annual employer fees related to the cityfs Transportation Management Plan." The latest draft of the Transportation Management Plan Ordinance (dated February 27, 1991) fails to include any estimate of, or ceiling on, the potential adoption of mitigation fees for new development. Furthermore, no draft of the Transportation Management Plan ( "TMPtI) for the ci ty has ever recommended the adoption of any transportation mitigation fees for residential projects. It is therefore difficult to understand why this standard TMP fee condition is routinely included as a condition to approval of residential projects. Furthermore, it is unfair to impose such a fee condition without adopting any cap on the level of fees which might retroactively be imposed against approved projects. The absence of such a ceiling makes it difficult to evaluate whether to proceed with a project, especially where in the case of residential projects no particular fee amount has ever been contemplated by city staff. In addition, the absence of a cap on these potential fees makes it more difficult to obtain the requisite financing for the construction of such a project. '- L\\\-RE\CE &: fL\RDI\(r A p;;;o;:'-;::'=S'.~""A_ ::CG;::>C~"'- c:.... p."!-iO~"'" EYS AT L~'N Plann~ng COmID1ssioners May 7, 1991 Page 3 For these reasons, we request that Condition No. 15 be deleted. CUP Condltion No. 39. Condi ti0l1 No. 39 is intended to describe the requlrements necessary to satisfy Program 12 of the city f s Housing Element (i. e., the "Inclusionary" or tfAffordablen Housing Program). As drafted by Staff, this requirement reads in pertinent part as follows: UAn inclusionary requirement of thirty percent of the units shall apply, of which at least twenty percent shall be affordable to households not exceeding sixty percent of the (HUD) Los Angeles County median income, with the balance of the inclusionary units affordable to households with incomes not exceeding 100% of the (HOD) Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. . . This provision is intended to satisfY the inclusionarv housinq reauirements of the Housinq Element of the General Plan of the City of Santa Monica. Developer may satisfy the obligations created by this agreement by demonstrating to the Director of Planning compliance with Ordinance 1519 (CCS), which provides implementation standards for this program." (Emphasis added.) Program l2 of the Housing Element was last revised on March 10, 1987, by Resolution No. 7385(cCS). A copy of Program 12 as revised by Resolution No. 7385 is enclosed for your convenience. At all times since March 10, 1987, program 12 has required that 15% of all new units in each market-rate housing project must be L\\';HE.\T[ & IL\RDI~G .,., p:J:;-=ESSiC","-A_ =::C"-:J-:C"'- 8r. A,-T::::PN€YS A- LA"JI,i Plann1ng Comm1ss1oners May 7, 1991 Page 4 affordable, and it guarantees each developer the right to elect to pay a fee 1n-11eu of ded1cat1ng those units on s~te. Program 12 has never been amended to require that 30% of the new units in a market-rate housing project be affordable. Specifically, Program 12 reads in pertinent part as follows: liThe inclusionary program shall require that fifteen percent (15%) of all new units in each market rate housing project be affordable to persons with incomes up to 100% of the Los Angeles-Long Beach Primary Metropolitan Statistical Area median income. The City shall, by ordinance, provide for satisfaction of this 1nclusionary requirement by provision of on-site housing, off-site housing, or an in-lieu fee to be paid to the City. The developer shall have a choice of the method to satisfy the inclusionary requirement." Program 12 was promptly implemented by Ordinance No. 1448 (CCS) when program 12 was amended by Resolution No. 7385. When Ordinance No. l519(CCS) was adopted almost two years later and purported to raise the affordable housing requirements up to a level equal to 30%, that ordinance directly conflicted with the express language of Program 12 as last revised. Additionally, the nexus study to support the higher in-lieu fee of $15 per square foot was based on a 30% Inclusionary Housing Program, rather than on the 15% Inclusionary Housing Program actually contained in Program l2. Because the City I s Housing Element has never been revised to compel an Inclusionary Housing Program at the level of JO%, Ordinance No. 1519 is unenforceable. The adoption of Ordinance No. 1519 failed to satiSfy the procedures set forth in state housing L\\~~RE~CE & IL-\RDI\"G ... P~CF"E:.5S O"'~L ';:J~PC~A--Or.. ATTO~~E:""S AT -=-AN Plannlng Commissioners May 7, 1991 Page 5 laws (Gov't Code ~9 65580, et seq.) and the City's Zonlng Ord~nance (99 9121.6, et seq.) for proper amendment of the Housing Element. For these reasons, we recommend that Condition No. 39 should be amended to compel compliance with both Program l2 as it is presently constituted (Le., Resolution No. 7385) and also Ordinance No. 1448 which properly implements program 12 ~n its present form. Expiration of Conditional Use Permit. The Staff Report does not propose a time limit for the applicant to lIexercisell the conditional use permit for this project. In the absence of such a condition, Zoning ordinance Section 9114.6 automatically establishes a one year limit on the time to "exercisell this permit: "The rights granted by the Conditional Use Permit shall be effective only when exercised within the period established as a condition of granting the permit or, in the absence of such established time period, one year from the date the permit becomes effective. This time limit may be extended by the zoning Administrator for good cause for a period not to exceed 3 months upon written request by the applicant." Furthermore, the Zoning Ordinance fails to define what acts are necessary to "exercise" a permit. This project requires both a conditional use permit and a vesting tentative map. Under state and local laws, the vesting tentative map will expire 24 months after approval, unless a final map is approved by that time or unless an extension i~ granted. L\\fRE.\CE ~ liARDI\G r.. pr;C:-:~S5IGI"J.:o..'_ -:::OFi;::;;':;P.:s.- e.... ~-.....::>~~ !::YS p,- LA.""'" Plannlng Commlssioners May 7, 1991 Page 6 (See Tentatlve Tract Map Condltion No.3.) It is not sensible for the conditlonal use pennit for this project to have an earlier expiration date. This is particularly true, given the protections of the Vesting Tentative Map statutes (Gov't Codes 99 66498.1, et seq. ) . The Vesting Tentative Map Statutes guarantee that the standards which apply to thls proj ect cannot be altered later, except under certain narrow circumstances which do not apply here. Thus, even if the conditional use permit for this project were to lapse, the Commission would be obliged to renew that permit so long as the vesting tentative map for this project does not otherwise expire. We therefore recommend that the fOllowing additional CUP Condition be added ln connection with approval of this project: "The Conditional Use Permit shall expire 24 months after approval, and shall be deemed to be exercised upon approval of the Final Tract Map for this Subdivision by the Santa Monica City Council." CONCLUSION For the foregoing reasons, we recommend that this proj ect be approved as recommend by the Staff, subject to the following changes: 1. Delete CUP Condition No. 15; 2. Amend CUP Condition No. 39 to require the developer to choose whether to dedicate one affordable unit (i.e., 15% of the LAh'RESCE & UARDI\G .:i, ~~Or-~SSI::."'AL C~=,pC-:JATI::'~~ ~-TORIIo"j,EYS AT LAw Planning Commlssioners May 7, 1991 Page 7 nine new unlts) or, alternatively, comply with the in-lieu fee schedule set forth in ordinance No. 1448: and 3. Impose a new condition to establish that the conditional use permit for this project shall expl.re 24 months after approval unless it is exercised through approval of the final tract map by the Santa Monica city council. Respectfully submitted, ~~:L ~Jk-~- Kenneth L. Kutcher of LAWRENCE & HARDING a Professional Corporation Enclosure cc: Melvin stark Gary Safronoff Donald Prochnow Paul Berlant Joseph Lawrence D. Kenyon Webster Susan White 1 Llt..e06.251