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
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.
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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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)
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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.
~
"-