SR-7-E (3)
IE
CITY PLANNING DIVISION
Land Use and Transportation Management Department
M E M 0 RAN DUM
DATE: May 1, 1991
TO: The Honorable Planning Commission
FROM: Planning staff
SUBJECT: Conditional Use Permit 91-012,
Vesting Tentative Tract Map 50249
Address:
Applicant:
1138-1144 Yale street
Stark Family Trust
SUMMARY
Action: Application for a Conditional Use Permit and vesting
Tentative Tract Map to permit the construction of two, 2 story,
nine unit residential buildings totalling nine condominium units
on a 14,805 sq. ft. parcel in the R2 and R2A (Low Density Multiple
Residential) District.
Recommendation: Approval with conditions.
Permit Streamlining Expiration Date: September 25, 1991
Subdivision Action Deadline: June 21, 1991
SITE LOCATION AND DESCRIPTION
The subject property is a 14,805 sq. ft. parcel located on the
west side of Yale Street between Washington street and Wilshire
Boulevard having a frontage of 94' feet. Surrounding uses con-
sist of a 1 story, single family structure (RIA to the north), a
2 story commercial building and 2 story parking structure (C6 to
the south), a 2 story mUlti-family structure (R2 to the east) and
1 and 2 story multi-family structures (R2 to the west). Existing
on-site uses include two, 1 story mUlti-family residential struc-
tures. There are no existing mature trees on-site.
Zoning District: R2 & R2A
Land Gse District: Low Density Multiple Residential District
Parcel Area: 94' x 157.5' = 14,805 sq. ft.
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PROJEC~ DESCRIPTION
The proposal is to remove two multi-family structures containing
twelve units withdrawn from the rental market and construct two,
2 story structures of nine condominiums total over an eighteen
space subterranean garage accessed from the alley (Harvard
Court) . TvlO guest parking spaces are provided at grade within
the rear yard setback. Each 2 story unit provides kitchen,
liv1.ng room, dining room, two bedrooms, and two and one half
bathrooms.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
with the exception of the front yard trellis projection, the pro-
posed project is consistent with the Municipal Code and in con-
formity with the General Plan as shown in Attachment A.
CEQA STA'IUS
Project is categorically exempt per the city of Santa Monica
Guidelines for Implementation of CEQA, Class 3 (14).
RENT CONTROL STATUS
Twelve (12) on-site multi-family rental units were removed from
the rental market via the Ellis Act.
FEES
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 $10,SOO. In addition, the proj-
ect is required to comply with Frogram 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
adjustment in accordance with changes in the CPI, will be
$22S,6l6.10, based on a gross residential project area of 14,702
square feet.
ANALYSIS
The applicant has proposed nine condominium units constructed in
two, 2 story structures over an eighteen space subterranean
garage. The south structure consists of five units and the north
structure consists of four units. A 1 story, single family
r~sidence exists to the north, a 2 story commercial building and
2 story parking structure exists to the south, a 2 story multi-
family structure exists to the east and 1 and 2 story mul ti-
family structures exist to the west. The applicant is proposing
a structure which is 30' in height from an average natural grade
of 97.15'. No lofts or roof decks are proposed.
Several chimneys project approximately 2.5' above the ridge line
of 30'. Chimney facades project 1.5' into the required side yard
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setbacks of 8.81 as permitted by code. Front yard decks project
6' as permitted i~~o the required 20' front yard setback. The
project prov1des t~e required two, 4' unexcavated side yards for
the entire length of the side property lines. The subterranean
garage does not extend within the 20' front yard setback but does
extend the maXlmu~ permitted 3' above average natural grade.
The two structures are separated by a courtyard 12.5' in width.
Wood trellis elements extend over the courtyard to connect to the
structures. An enclosed trellis overhang is proposed for the
rear yard entrance from the alley. The project facade includes a
sloping wall/gate entrance element with a 20' front yard setback.
A trellis projects 3' into the front yard setback. A maximum of
30" is permitted by code. Staff is recommending a condition that
the trellis shall not project more than 30" into the front yard
setback.
Parking and Circulation
A total of nineteen parking spaces are required (2 spaces per 2
bedroom unit + 1 guest space per flve units = 20 spaces). Eigh-
teen parking spaces are provided in the subterranean garage with
two guest parking spaces provided at grade within the rear yard
setback. A separate garage entrance is provided for the rear
unit (#5) of the south structure. A storage room of 129.5 sq. ft.
is provided for the garage of Unit #2.
Project Landscaping
Fifty percent (50%) landscaping of the front yard setback and of
the unexcavated side yards 1S provided as required. Several cy-
press trees are proposed for screening along the side yards.
Courtyard landscaping includes several planters and potted trees
and vines for entrance trellises.
Neighborhood Compatibility
Surrounding neighborhood structures include a one story single
family residence, two story mUlti-family residences and two story
commercial structures. The roof slope of 11 of vertical rise for
every 21 of horizontal run towards the side elevations provides a
transition from the 30' height. As designed, the side eave of
the hip roof of the proposed project is approximately 3' higher
than the height of the adjacent single story residence. staff is
recommending a condition that the ARB carefully review the side
building elevations to ensure that an appropriate transition is
provided. Generally, the building design and scale, especially
of the front facade, is compatible with the overall existing
neighborhood character.
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CO~lCV';SION
W1th the exception of the front yard trellis projection, the pro-
posed condominium development complies with all applicable provi-
s10ns of the Zoning Ordinance, and the General Plan and therefore
merits approval.
RECm.n-1ENDATION
It is respectfully recommended that the Planning commission ap-
prove Condit1onal Use Permit 91-012 and Vesting Tentative Tract
Map 50249 subject to the following findings and conditions:
TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its provision for
its des1gn 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 parking
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. rhe design of the subdivision or the proposed improvements
~"ill 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
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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.
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, convenience1 or general welfare,
in that all public utilites area available, and required
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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, 1n 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
is zoned for mUlti-family residential construction, and
the subject proposal conforms in height and density to the
R2 zoning districts.
CONDITIONAL USE PERMIT 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,
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and sidewalks are to be covered by appropriate landscaping
and that 50% of the unexcavated 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.
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.
13. 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
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that e~ployers within the project pay such new annual em-
ployer fees related to the City's Transportation Manage-
ment Plan.
16. A Park and Recreation Facilities Tax of $200.00 per
residentlal unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the resident1al unit(s) on the subject lot,
per and subject to the provisions of section 6670 et seg.
of the Santa Monica Municipal Code.
Demolition
17. until such time as the demolition is undertaken, and un-
less the structure 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
perrni tted 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.
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CO!lstruction
22. C"nless othenlise 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 sat1sfaction 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.
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-
v ices. 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 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 activ1ty beyond normally permitted hours is
proposed; 11) Describe any proposed contruction noise
mitigation measures; l2) 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.
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27. A sign shall be posted on the property in a manner consis-
tent wit~ the public hearing sign re~~irements which shall
ident1fy the address and phone number of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construct1on period. Said sign
shall also ind1cate the hours of permissible construction
1rlork.
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 fiow 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.)
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 lighting 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.
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Valid~ty of Perm1ts
35. I:1 the event permittee violates or fails to comply with
any cond1t1ons of approval of this perm1t, no further per-
mits/ licenses, approvals or certificates of occupancy
shall be issued unt~l such violation has been fully
remedied.
36. ththin 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, agree1ng 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
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 permitts 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 proj ect 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 Recorderts
Office as a part of the deed of the property to ensure
that three affordable unites) 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 twenty percent
shall be affordable to households not exceeding sixty per-
cent of the the (HUD) Los Angeles County median income,
with the balance of the inclusionary units affordable to
households with incomes not exceeding 100% of the (HUD)
Los Angeles County median income, expending not over 30%
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of monthly income on housing costs, as specified by the
Hous1ng Division of the Department of community and
Econo~ic Development.
nus ag~eement shall be executed and recorded prior to
approval of the F1nal Map. Such agreement shall specify
1) responsibllities 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.
This provision 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) I 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.
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5. Prior to approval of the final map, Condominium Associa-
tion By-Laws (if applicable) and a Declaration of CC & Rls
s~all be rev1ewed and approved by the city Attorney. The
CC & R t s shall conta1n a non-discrimination clause as
presented in Section 9392 (S~n1C) and in the case of con-
dominiums, conta1n such provisions as are required by Sec-
tion 9122E (S}n1C).
6. The developer shall provide for payment of a Condominium
Tax of $1,000 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
prior to scheduling of the Final Hap 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 final 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
Attachments:
A. Municipal Code and General Plan Conformance
B. Radius and Location Map
C. Photographs of Site and Surrounding properties
D. Project Information Summary
E. Plot Plan, Floor Plans and Elevations
F. Vesting Tentative Tract Map 50249
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PC/pcl138
SHH
04-/23/91
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----
ATTACHMENT A
MUNICIP~L CODE AND GENERAL PLAN CONFORMANCE
Category
Permitted Use
Land Use
Element
:Hul ti-
family
Res1d.
Dwelling Units
Moratorium Status N/A
Height of Building
Number of stories
Height of Walls,
Fences
Setbacks
Front yard
Sideyard
Rearyard
Projections Into
Yards
Subterranean Deck
Lot Coverage
1/1500
sq. ft.
parcel
area.
30'
NjA
N/A
N/A
NjA
NjA
NjA
N/A
Municipal Code
project
HUlti-family
Residential.
HUlti-family
Residential.
14,805/1500
= 10 units.
9 units
30' from ANG
3D' from ANG of
97.151
2
2 2
3.5' max. height, 6.0' s.y.
f . y. 1 6 . 0 I max.
height s.y. & r.y.
20'
20'
(2 x 94') /50'
+ 5' = 8'9"
8'911
15'
19'4"
No proj. may extend Chim. proj. 1.5'
closer than 41 to into s.y., f.y.
any prop. line. deck proj. 6'
Chim. may proj. into f.y. set-
1.51 into into back, trellis
s.y., deck may proj. 3.01 into
proj. 6' into f.y. setback.
f.y. setback., (As conditioned
trellis may proj. trellis will
30" into f.y. setback. proj. 30".)
Sub. deck shall not proj. > than 3'
above A.N.G. proj. complies.
50%
47%
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Park1ng
Access
Alley
access is
encouraged
"lhen alley
eXlsts.
Parking Space Number N/A
Trash Area
Compact Parking %
N/A
N/A
Mechanical Equip.
Screening
Front yard
Landscaping
Sideyard
Landscaping
Unexcavated
Sideyard
Inclusionary
Units/Fee
N/A
NIA
NIA
Housing
Element
requires
Program
12 com-
pliance.
Alley access is
required Hhen
alley eX1sts, with
exceptions per
Sections 90~~.8-9.
Alley access
provided.
2 spcs. (9) = 18 + 20 spaces
2 guest pk. spc =
20 spaces total.
None permitted.
Trash enclosure
with minimum 5-8'
solid walls and
gate is required.
Mechanical equip-
ment extending more
than 12" above roof
parapet shall be
fully screened from
a horizontal plane.
None provided.
Trash enclosure
provided within
r.y. setback.
Screen. to be
shown prior to
ARB review.
To be shown prior
to ARB review.
50% of required front yard setback.
(20' x 94' = 1880 (.50) 940 sq.ft.
required landscaping. Project
complies.
50% of reg. 41 unexcavated side yards.
Project complies.
Two, 4' unexcavated side yards along
the entire length of both side
property lines. Project complies.
Must provide 3
deed-restricted,
affordable units or
pay in-lieu fee of
$327,075.25 (prior
to cpr adjustment).
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will comply with
Program 12
requirements per
Ordinance 1519
(CCS).
CITY PLANNING DIVISION
Land Use and Transportation Management Department
M E M 0 RAN DUM
DATE: May 8, 1991
TO: The Honorable Planning commission
FROM: Planning Staff
SUBJECT: CUP 9l-0l2/VTTM 50249, Supple~ental Staff Report
Address:
Applicant:
ll38-1144 Yale street
Stark Family Trust
On Tuesday afternoon, May 7, 1991 staff received a copy of the
letter to the Planning Commission from the applicant's attorney,
Lawrence & Harding, stating their concerns with several standard
conditions in the staff report for the subject project. Although
staff had minimal time to respond to the letter, the following
discussion was prepared in response to the applicant's requests.
Condition No. 15 - Transportation Management Plan Fees
The applicant contends that Condition No. 15 relating to
Transportation Management Plan fees should be deleted because
there is no estimate or limit on fees, and that residential proj-
ects were not included in the Draft Transportation Management
Plan.
Response: Condition No. l5 is intended to notify applicants that
lithe City is contemplating the adoption of a Transportation Man-
agement Plan" and that when the plan is adopted, fees may be re-
quired. There may be fee requirements in two areas: a fee on
employers to fund city-wide trip reduction strategies, and a trip
fee on new development. Clearly, a condominium project would not
be subject to an employer fee. However, there is a possibility
of residential projects being subject to a new development fee.
To clarify when the fees would be applicable, staff is suggesting
to modify the condition to clarify the applicability of a fee on
employers, and to clarify that if no new development fee is adop-
ted prior to issuance of a Certificate of Occupancy, the project
would not be subject to such fees. Modifications to Condition No.
15 are underscored as follows:
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
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the proposed project 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
pr10r to issuance of a Certificate of Occupancy for the
project.
Recommendation: Staff recommends modifying the condition as pro-
posed above. The staff report template will be altered consis-
tent with this new wording.
Condition No. 39 - Inclusionary Housing
The applicant contends that Ordinance No. 1519 is unenforceable
due to conflicts with Program 12 as revised, which established a
15% inclusionary requirement instead of a 30% inclusionary re-
quirement for new residential project of 2 or more units, and
that the fees in-lieu of providing the 30% requirement were in-
correctly calculated and are now unenforceable. The City Attor-
ney will respond to this issue.
Condition No. 37 - validity of Permits
The applicant contends that a time limit to "exercise" the condi-
tional use permit for the project has not been proposed. Condi-
tion No. 37 specifies a term of approval of two years from the
permit's effective date:
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.
Recommendation: Staff is recommending approval with the condi-
tion as originally proposed.
Prepared by: Susan White, Assistant Planner
pcjsup91012
SW
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