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SR-7-F (2) IF 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 91-013 Vesting Tentative Tract Map 50580 Address: Applicant: 1142 Eighteenth Street Henry Yarmark SlirMMARY 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 condominiums are two stories with a loft level for a total building heignt 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 Wilshire Place and california Avenue. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A. CEQA STATUS The project is categorically exempt from the provlslons 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 r2moved from the rental housing market under the provisions of 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 $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 adjustment in accordance with changes in the CPI, will be $124,400 based on a gross residential project area of 8,000 square feet. ANALYSIS Project 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 guest 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 18th 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 I 18th Street I and the rear, 17th - 2 - Court. The rear of the units have patios that abut Wilshire Place to the south. Lofts overlooking the master bedrooms are proposed in each unit. The loft level is included in the height limitation of the struc- ture but is not counted as a story because they are intermediate levels or mezzanines without 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 staffls 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 parking 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 involves multifamily development which would serve ef- fectively as a transitional use buffering less intense residen- tial development from the commercial 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 relationship 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-af-way, 40 feet of setbacks, and street landscaping. 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 District. 2. The site is physically suitable for the proposed type of development, in that the site is regularly shaped with flat terrain to appropriately accommodate the provision of required 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 five (5) units. at 1,500 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 project 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, in that present land use is vacant and designated for multifamily development of a similar densi- ty to the project proposal. 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 project is a transitional land use serving as an in- 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 wi thin 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 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 - 6 - is zoned for mUlti-family residential use, and the pro- posed project would provide additional housing where a housing imbalance currently exists throughout the community. CONDITIONAL USE PERMIT CONDITIONS Plans 1. This 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 revie~ 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, landscapinq, 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 50% of the un excavated side yard setback shall be ade- quately landscaped. 7. Plans for final design, landscaping, screening, trash en- closures, and siqnage shall be subject to review and ap- proval by the Architectural Review Board. - 7 - 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. Construction period signage 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 em- 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 permi t for the construction or placement of the residential unites) on the subject lot, per and subject to the provisions of section 6670 et seq. ot 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. 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. 17. 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. 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 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 publ ic 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; ~2) Describe construction-period secur i ty measures including any fenc ing , 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. 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 indicate the hours of permissible construction work. 21. 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 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- v ices Department in an amount speci fied 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 guidelines developed by the General Services Department. projects subject to this condition shall not be eligible for the "Baysaver" 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 excava tion 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 Services. 27. 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. 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 security 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 detertnination, 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 - 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 34. 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 Recorder1s Office as a part of the deed of the property to ensure that two (2) affordable units are provided and maintained over time and through subsequent sales of the property. 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 percent 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% of monthly income on housing costs, as specified by the Housing Divi- sion of the Department of Communi ty 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. 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), which provides implementation standards for this program. 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. - 12 - 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 D~vision 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 & Rls 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 9122E (SMMC). 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 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 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. - 13 - 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: Bruce Ambo, Associate Planner Attachments: A. Municipal Code and General Plan Conformance B. Radius and Location Map C. Photographs of site and surrounding Properties D. Plot plan, Floor Plans and Elevations BA/cup91013 - 14 - ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE category Perm.itted Use Land Use Element Low Density Residen- tial Dwelling Units Moratorium status N/A Municipal Code Low Density MUlti-FamilY Residential same as 1 unit/l,SOO sq. Code ft. of lot area = 5 units Height of Building 30 Ft. 30 Ft. Number of Stories Two Height of Walls, Fences N/A Setbacks Front yard Sideyard Rearyard Projections Into Yards N/A N/A N/A N/A project Low Density Multi-family Residential 1 unit/l,600 sq. ft. of lot area = 5 units 30 Ft. (Sec. 9040.3 b)2) allows parapets to extend 42 inches above the height limitation. A 24 inch parapet is proposed. Two Two plus lofts maximum 42 inches Per Code in front yard and 6 feet in side and rear yard 20 Feet 7 Feet 15 Feet Sec. 9040.18 establishes standards for projections, including balcon- ies which are allowed a 30 inch projection into the street side - 15 - 20 Feet 7 Feet 20 Feet from center line of alley None shown except for a 30 inch pro- jection into the alley side yard & front yard for the balconies Lot Coverage Parking Access N/A Alley access is encouraged when alley exists. 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 N/A N/A N/A Housing Element requires Program 12 com- pliance and front yards 50% Alley access is required when alley exists, with exceptions per sections 9044.8-9. 12 Spaces None allowed 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. 50% 50% of unexcavated area 4 feet on one side of 50 foot wide lot Must provide 2 deed-restricted, affordable units or pay in-lieu fee of $124,400 prior to CPI adjustment) - 16 - 50% Alley access is provided from Seventeenth Court 12 Spaces None proposed Enclosure provided at rear adjacent to alley, to meet code requirements None shown 84% 81% of unexcavated area 4 feet on north side of 50 foot wide lot Will comply with Program 12 requirements per Ordinance 1519 (CCS) ;/i EiGriTlfNfH . l- -- 1 ! ~ r~T~i~ ' I ..-( ~' ! 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(j ; It I ~ 1 ~, 'lI' ... . WI ; ....- Z '1 , '(0;t$ '" i ~ I" ... i 1 lliD~B :l U \ T 5~~ P .. 'ii Ai , '" I'Q7 . lS' ~ ~ r- ~ltT~T.-T"CC~T- - CAc-,1 "lO 7(""'\1[" R / OA 1(_ ~ I ~- Ie..,' -1......"/ LA\\~RE\CE & HARDI~G .:. CI='~i""e:S5- ;)....,A_ ::::::;;;;o~C='A~ ~.... A--C;::;.....!::VS A.... LA-'N c-~ STOl=.....E::::;'..... """At:<=. "-~::; 1250 S-x-V"_ S-I=iE~- ~IC~AP:::':' _A. '.~~"'~:::E S..J "'!"E 3::;.::::: t\':::.~ ... == - - _ tf.... -: - ~ = SA....T.... .....C.... C~ CA_ FQRN .:;. 504::: rLR.S.......... -'_'=5A~~ -!:i,..E='1-i8....E .-2131 393 CO'" .. E->i- "\; . ~ -:;'ZiJ.L 1"'.6,,-=.51"-'1 ..E "213"' ~se 1959 5....~~............. _ S-~C::'" May 6, 1991 VIA MESSENGER Santa Monica Planning commission 1685 Main street, Room 214 Santa Monlca, CA 90401 Re: VTTM No. 50580~ CUP No. 91-013 Address: 1142 Eighteenth Street Applicant: Henry Yarmark Our File No. 251.4 Dear Commissioners: This law firm represents Henry Yarmark with respect to the above-referenced application for authorization to construct a five-unit condominium project at 1142 Eighteenth street. The Staff Report for this project confirms that the project will satisfy all applicable development standards, and the Staff Report accordingly recommends approval of the project with conditions. We have comments concerning Condition Nos. 13, 23 and 34. 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. 13. The Staff Report recommends the adoption of Condition No. 13 concerning the potential effect of enactment of the Transportation Management Plan. Condition No. 13 is drafted to read as follows: L\\\TRE.\'CE & H~\RDI'\G /J- -:ir;;iCFES::,CIo,."AL ::CF1PCRA~ C..~ ,AT....OANEYS AT LA'.v Planning Commiss1oners May 6, 1991 Page 2 "The City 1S contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts result1ng from both new and eXlsting development. The Plan will llkely 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 ln the city. This ordinance may requlre that the owner of the proposed project pay such new development fees, and that employers within the project pay such new annual employer fees related to the City's Transportation Management Plan.1I 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 a mitigation fee for a new development. Furthermore, no draft of the Transportation Management Plan ("TMP") for the city 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. LAVt<R E\T [ & IL"-R Dl~ G A. ~r<!C:~~SS,O"lAL -::::::opCt:!6.TI::,.... .c...TTQR"\I(:.....S A'" L..P-W Planning Commissioners May 6, 1991 Page 3 For these reasons, we request that Condition No. 13 be deleted. CUP Condition No. 23. Staff has recommended the adoption of the following condition on the subject of net zero flow: . "Prior to 1ssuance of a certificate of Occupancy, project owner shall present documentation to the General Services Department certifying that existing Santa Monica occupancies with toilets installed prior to 1978 have been retrofitted 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 waste- water flows. Flow from existing occupancies which will be removed as part of the new development may be deducted from flow attributable 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, project owner may provide a payment to the General Services Department in an amount specified by General Services 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 development and existing occupancies shall be consistent with guidelines developed by the General Services Department. Projects subject to this condition shall not be eligible for the I Baysaverl rebate program.1I The subject property was formerly improved with five dwelling units. Those units were removed from the rental housing market pursuant to the guarantees and protections of the Ellis Act (Gov1t Codes ~~ 7060, et seq.). Those units were subsequently demolished pursuant to a written agreement negotiated th~ough the L-\WRESCE & HARDL\G lI, ;:'':;'0::-'::5 S':::"'IA... CC~PO~,6.- C..... A~TOPNEYS AT i..-A"N Plann1ng Commiss1oners May 6, 1991 Page 4 City Attorney's Office. The new proj ect will consist of five dwelling units. Although the former five units will not have been occupied within one year prior to the issuance of a building permit for the proposed project, it would be unduly harsh for the Commission not to recognize that the development of the new project will result in a net decrease in wastewater flows from this site as compared with its most recent prior use. Additionally, we are not aware of the imposition of this net zero flow condition on any other residential projects of this size. Accordingly, Condition No. 23 should be deleted. CUP Condition No. 34. condi tion No. 34 is intended to describe the requirements necessary to satisfy Program 12 of the city's Housing Element (i. e., the "Inclusionary" or "Affordable" Housing Program). As drafted by Staff, this requirement reads in pertinent part as follows: IIAn 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 incl usionary units affordable to households with incomes not exceeding 100% of the (HUD) 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 inclusionary housing requirements of the Housing Element of the General Plan of the city of Santa Monica. Developer may satisfy LA\fRE~CE & HARDI~G A P;:;O~:::5SI::''''AL =:::;;;,FCoa..TI;;:..... ATTGP.....EyS .41 LP-W Plannlng Commissioners May 6, 1991 Page 5 the obllgations created by this agreement by demonstrating to the Director of Planning compliance with Ordinance 1519 (CCS), which provides implementation standards for this program. II Program 12 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 1S 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 affordable, and it guarantees each developer the right to elect to pay a fee in-lieu of dedicating those units on site. 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: "The 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 inclusionary 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 implemented by Ordinance No. 1448 (CCS) when Program 12 was amended by Resolution No. 7385. When Ordinance No. 1519 (CCS) was adopted almost two years later 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 L\\fRE.\'CE &; IlARDI.\'G A. P~Cf'e:SSIC;...AL ::CHO-::=--,o!.- C.... ATTORN !::.YS A.T LAN Planning Commiss1oners May 6, 1991 Page 6 h1gher in-lieu fee of $15 per square foot was based on a 30% Inclus10nary Housing Program. Because the City's Housing Element has never been revised to compel an Inclusionary Housing Program at the level of 30% I Ord1nance No. 1519 is unenforceable. The adoption of Ordinance No. 1519 failed to satisfy the procedures set forth in state housing laws (Gov't Code ~~ 65580, et seq.) and the City's zoning Ordinance (~~ 9121.6, et seq.) for proper amendment of the Housing Element. For these reasons, we recommend that Condition No. 34 should be amended to compel compliance with both Program 12 as it is presently constituted (Le., Resolution No. 7385) and also Ordinance No. 1448 which properly implements Program 12 in its present form. Expiration of Conditional Use Permit. The Staff Report does not establish the time limit for the applicant to "exercise" 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 "exercise" 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." LA\\'RE.\'CE & IL-\RD[~G A PFlOFESSiC....A:.. =:::::APOf:;A- C.... A"'!'"TORNEYS 1\7 ,-AW Plann1ng Commissioners May 6, 1991 Page 7 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 is granted. (See Tentative Tract Map Condition No.3.) It is not sensible for the conditional use permit for this project to have an earlier expiration date. This is particularly true, given the protections of the Vesting Tentative Map statutes (Gov1t Codes ~~ 66498.1, et seq.). We therefore recommend that the following additional CUP Condition be added in connection with approval of this project: liThe 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 project be approved as recommend by the Staff, subject to the following changes: 1. Delete CUP Condition No. 13; 2. Delete CUP Condition No. 23; 3 . Amend CUP Condition No. 34 to require that the developer choose whether to dedicate one affordable unit (i.e., at L\'~'RE~CE &; IL\RDI~G A ;:>~C~;:'5S.:::''''''''''L CC.~PCR.ATIO~~ A-rTOR.....EVS A~ LA.W Planning Commiss1oners May 6, 1991 Page 8 least 15% of the five new units) or, alternat1vely, comply with the 1n-lieu fee schedule set forth in Ordinance No. 1448~ and 4. That a new condit1on be imposed to establish that the conditional use permit shall expire 24 months after approval unless it is exercised through approval of the f1nal tract map by the Santa Monica city Council. Respectfully submitted, ~L~ Kenneth L. Kutcher of LAWRENCE & HARDING a Professional corporation Enclosure cc: Mr. and Mrs. Henry Yarmark Stephen Frew Paul Berlant Joseph Lawrence D. Kenyon Webster Bruce Ambo 1lltre06.251 ?SSOLU:'I::Jt~ N'O. 7385(CC5) (Clty CouncLl SerLes) A RESOLUTION OF THE CITY COUNCIL OF THE CIT~ Oc SANTA MONICA ADOPTING A REVISED PROGRAM 12 Of T~2 HOU5rN~ ELE~ENT Of THE GENERA~ PLAN " :WEREAS, the C1 ty of San ta l1on1ca adopted ltS ex lStlng Hous1ng Element on January 25, 1983; and ~qHISREAS, on February 25,1986, the Clty Cauncll adopted Resolut:Lon 7172 authOrl.Zlng the Planning CommlSSlon to conslder amendm~nts to Program 12 of the Houslng Element; and WhEReAS, the P1annl.ng Cornm1ssion appol.nted a speCIal subcomml.ttee to reView program 12; and ~HEREAS, the C1ty staff prepared recommended reVlSlons to Program 12 and an In1 tIal Study and Negatlve Declaratlon and clrcu1at2d these documents for i?ublic reV1214 and comment from August 27, 1986, to September 26, 1986, 1n compllance wlth the Callfornld Envlronment~l QualIty Act and the CIty of Santa Monlca GUldellnes for the Implementat10n of the Callfornla Env1ronmental Quallty Act; and- WHEREAS, the proposed Program 12 amendment was submltted to the State Department of Hous1ng and Communl.ty Development for lts reVIew, in complIanc2 wlth celevant z:equlrements of State law; an.:i - 1 - :1'HC-?E..l\S, :r.-:=: C:.C~,/ ~a.s conslcered t.he CCfPmef1ts c: :.'=e S.:'2t2 Depart.ment. of HOllSl'1(] and CO'llnUnlty Development. on th~ proposed revlS10ns to Prog~2m 12; and WHeREAS, o~ October 18, 1986, the Planning Comm~SSlon conducted a duly notle~d PubllC Hear 1ng " on the proposed revised Program 12, affordlng any lnterested person an opportunlty to comment on the matter; and WHEREAS, on November 17, 198o, the Plannlng Commlss~on ~onducted a second duly notlced Publ~c Hearlng on the matter; and wHEREA3, on January 27, 1987, the Clty CounCll conducted a duly notlced PubllC Hearing on the matter; anj HHERE:'S, the recommendatlons of the Plann~ng Commlsslon, as set forth ln its resolutlon adopted on November 17, 1986 hdve been consldered by tne Clty Councll; and WHEREAS, tOe proposed revlsed Program 12 1S conslstent w1th other port~ons of the Houslng Element and other Elements of the Gencrul Plan; NOW, THEREFORE, TH~ CITY COUNCIL OF THE. CITY OF SANTA MONICA DOES HEReBY RESOLVE AS FOLLmiS: SECTION 1. The document entltled Flnal Inltlal Study and Nega t1 ve Dee 1at";l t ion on a Proposal for a Rev lsed Frogr am 12 ot the Clty of Santa Monica HOUSing El2ment (EIA 827, SCH 86082706), attached hereto as Exhlblt C and lncorporated hereln by thiS eference saclsrL2S the requ1rements of t.he City'S GUldelln2s for - 2 - tl-;2 I:rplerp2r"(~E.t:'GL cf t:12 Call:crn:'3 En",llrO~J;"roe~'1t.a2.. C=U2~1~Y ;'c:. 3~d the State CEQA GUldellnes aoc t~e CIty Councll herecv certlfles t~G Flnal IOltlal Study and Negattve Declaratlon. SEcrrON 2. The document entlLled Re~llsed Program 12 of the Santa MOOlC3 Houslng Elemeot attached hereto as Exhlblt A ar.d <I Incorporated heretn by thIS refereoce 1S hereby approved and adopted as an amendment to Program 12 of the HouSlog Element of the Clty of Santa Montca. SECTION 2. The document entItled Outline of Inclus10nary Program Components attached hereto as Exhlblt B and incorporated herel.n by thlS- reference shall form toe bas tS for an orcil.nance lmplementlng the amended Program 12. SECTION 4. The Cl ty Clerk shall certify to the adoptlon of thl.3 Resolutlon, and thenceforth and ther2after the same shall be 1n full force and etfect. APPROY.ED AS TO FORM: fLr1:r.-.fr \-... ~ Robert M. Myers, Clty Attorney 3 ~ Adopted and approved - /\ /~ t~Oth day of ~7~Ch~ 1987. \ / J I / /It~ v:L--- M"ayor ~. ~ I hereby certify that e foregoing Resolution No. 7385(CCS) was duly adopted by the city il of the City of Santa Monica at a meeting thereof held on March 10, 1987 by the following Council vote: Ayes: Councilmembers: Finkel, A. Katz, Zane and Mayor Conn Noes: Councilmembers: Jennings, H. Katz and Reed Absta1n: Counc1lmembers: None Absent: Councilmembers: None ATTEST: ~70~ city Clerk EXriI3:;::~ ?.. PR(X;RAK 12: DEVELOP AN INCLOS IONARY ZONING PROGRAM OBJECTIVE: PROMOTE DEVELOPMENT OF HOUSING AFFORDABLE TO LOw AND MODE~~TE INCOME PERSO~S. DESCRIPTION: The C1ty shall adopt an Incluslonary zonIng program. The Incluslonary reqll1rement shall apply to all market rate hOUSIng whether resulting from new construction or market rate converSIon of apartment units, except that proJects lnvolvlng four unlts or less shall be exempt from the program, and converSIon projects approved under the prov151ons of Article XX of the City Charter shall also be exempt from the program. The Inclus~onary program shall requ1re that fIfteen percent ( 15%) of all new un i ts in each mar ke t ca te hous Ing proJect be affordable to persons With Incomes up to 100% of the Los Angeles- Long Beach prlmary Metropolltan StatIstIcal Area median Income. The C1 ty shall, by ord Inance, prov Ide for sa tlsfactlon of thIS lncluslonary reqUIrement by prOVISIon of on-slte hOUSIng, off-SIte housing, or an In-lieu fee to be paId to the Clty. The developer shall have a chOIce of the method to satIsfy the incluslonary reqUIrement. In-lIeu fees, sub] ect to lncreases to recognlze the effect of Infla tl.on, shall be es tabl Lshed as one method for sa tiS fy Ing the lncluslonary program The In-lleu fee for~ula shall be establIshed WIth due regard to the CIty's abIlIty to obtaln the , - .I. - benef1ts of State mc.ndated denslty bonuses. The In-l leu fee schedule must also be falr and economIcally feasIble. All on-slte and off-slte Incluslonary unIts shall be affor-dable to households rang log up to 100% of the Los Angeles- Long Beach PI:" lmary Metropoll tan S ta tlSt lcal Area mea Ian lncome. The Clty shall encourage the provlslon of unlts with an approprlate number of b~drooms ana other features so as to best meet the needs of senIor cltlzens, large famllles, disabled persons, and persons with other spec~al needs. All incluslonary unlts shall be subject to controls to malntain affordabillty. The relevant prov1slons of State law, 1ncluding Government Code section 65915-65918, shall be compIled with In the develop- ment of the incluslonary houslng ordinance. IMPLEMENTATION: ResponSIble Agency: Communlty and EconomlC Development Cost: No Slgniflcant cost. Staffing: EXIsting staff sufflClent. Funding: City General Fund, In-l leu fee revenue. Schedule: I. QuantifIed Impact: Inc:-ease 10 new affordable houslng. EstImated potent~al addl'C.l.O:1 of 5 t.O 25 Inclu510nary unlts pe~ yec.r. ~ "-