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SR-072391-7B -~ 7-B LVTM:PB:DKW:BAjap191013.pcword.plan Council Mtg: July 9, 1991 Santa Monica, Califor~a .JUL 9 1991 JUL 2 3 1997 TO: Mayor and City Council FROM: City Staff SUBJECT: Appeal of Two Planning commission Conditions of Approval (No. 13 and No. 34) for Conditional Use Permit 91-013 to Permit the Construction of a Five Unit Residential Condominium Project at 1142 Eighteenth street. INTRODUCTION Conditional Use Permit 91-013 and Vesting Tentative Tract Map 50580 were approved on May 8, 1991 by the Planning commission to construct a two-story, five unit residential condominium project at 1142 Eighteenth street. The applicant has appealed two CUP conditions of approval (see Attachment A): 1) Condition No. 13 regarding compliance with the Transportation Management Plan, and 2) Inclusionary Unit Condition No. 34 regarding compliance with the inclusionary housing requirements of the Housing Element of the General Plan of the ci ty of santa Monica. This report recommends that the city Council, in a two part action; deny the appeal of Condition No. 34 regarding inclusionary housing as approved by the Planning Commiss ion, and uphold the appeal to delete Condition No. 13 regarding the Transportation Management Plan. BACKGROUND The Planning Commission approved Conditional Use Permit 91-013 and Vesting Tentative Tract Map 50580 on May 8, 1991 to permit - 1 - 7-8 JUL 9 1991 JUl 2 3 1991 the construction of a two story, five unit residential condominium project at 1142 Eighteenth Street (Attachment B). On May 7, 1991, staff received a letter from the applicant's representative contesting the conditions (Attachment C). Staff evaluated the applicant's request (Attachment D) and the Planning Commission maintained the inclusionary 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. 13 and No. 34 (see Attachment C). Staff is recommending that Condition No. 13 be deleted as residential proj ects are not 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 the inclusionary housing condition be amended to comply with Program 12 as constituted in Resolution No. 7385 and with Ordinance No. 1448 which the representative contends ".. .properlY implements - 2 - Program 12 in its present form.", (see Attachment C). Based on this contention, the applicant's representative is requesting that Condition No. 34 be amended to require the developer to provide 15% of the five 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 different 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 8,000 square feet, the Ordinance 1519 fees are estimated at $125,200, and Ordinance 14.48 fees are estimated at $40,560. The difference in fees between both ordinances is $84,640. - 3 - RECOMMENDATION It is respectfully recommended that the city council: deny the appeal of Condition No. 34 regarding inclusionary housing as approved by the Planning Commission, and uphold the appeal to delete Condition No. 13 regarding the Transportation Management Plan. ATTACHMENTS A. Appeal of Condition Nos. 13 and 34 of CUP 91-013 dated 5/21/91- B. CUP 91-013/VTTM 50580, 5/8/91 Planning Commission staff Report C. Appeal Letter from Lawrence & Harding, Inc. received on 5/7/91- D. Supplemental Staff Report to Planning Commission dated 5/8/91 E. Draft statement of Official Action F. Applicant's Request for continuance G. staff Response to Continuance Prepared by: D. Kenyon Webster, Planning Manager Bruce ~mbo, Associate Planner planning Division Land Use and Transportation Management Department BA/PC/ap191013 - 4 - Cay of Santa Monica Community and EconomiC Development Department PlannJng and Zoning OlY1slcn i213) 458-8341 APPEAL FORM FEE: $'00.00 IA; (1 \ - L' \ I Dale Red AeceM!d by A~No ~ /2.. I I'll -s.......; s \ -. o~ 1 C' 4' Name Henry Yarmark c/o Lawrence & HardJ.n9 Addre~ 1250 SlXth Street, #300, Santa Man~ca, Ca 90401 Contact Person Kenneth L. Kutcher Phone (213) 393-1007 Please descnbe the project and declSlOn to be appealed Tlus pro-;ect is a :f1.ve-un:J.t condCI'lllmum 1Jrolect which was approved on May~8, 1991. Mr. Yarrnark hereby appeals the ~s1.tion of CUP Conmt1.on Nos. 13 and 34. Mr. Yarmark dces not apneal the aoproval of Vesting Tentative Tract Map No. 50580, which becarre effective on May 20, 1991. Case Number CUP No. 91-013 Adcltess 1142 F.i al1't-ppnt-h ~t-rPPt- ApplIcant Henry Yiu:m:rrk Onglnal hearing date May 8, 1991 Onglnal actlon May 8, 1991 Please state Itle specific reason(s) for the appeal See the attached letter to the Planning CuluJssion fran Lawrence & Harchng, dated May 6, 1991. Mr. Yannark contends that CUP Condition ~o. 13 should l:e deleted m its entrrety; Mr. Yannark 1.S not satisfied with the arrendrrents to this condition ad09ted by the Plarming Cut'I\ussion. Furthenrore, ~1r. Yannark contends that Pr<:l9Tam 12 (i.e., Resolution No. 7385 and Ordinance No. 1448 govern COP Condit1.OIl No. 34. r-'"II'. Yannark reserves the right to supp1errent the basis for this appeal prior to and during the pub11.c hearmg on this appeal. :- /; _ (d It additional ~ IS needed. use back of am. s"'na~t.W.. ~~~a1 kd Dale May 21, 1991 .~ -~~k -~ --, L