SR-8-A (206)
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CITY PLAKHING DIVISION
Co..unity an4 Bcono.io Develop.ent Departaent
M B M 0 RAN DUM
DATE: October 17, 1990
TO: The Honorable Planninq Commission
FROM: Planninq Statt
SUBJECT: Conditional Ose Permit 90-026
Development Review 90-006
Vestinq Tentative Tract Map 46656
Address: 951 ocean A~enue
Applicant: Sakakura America, Inc.
Sl.;MMARY
Action: Application tor a Conditional ose permit, Development
Review and vestinq Tentative Tract Map to allow the construc-
tion ot a sixteen unit condominium project.
Recommendation: Approval with Conditions
Permit Stream~ininq Expiration Date: October 20, 1990
Subdivision Action Deadline: June 9, 1990
SITE LOCATION AND DESCRIPTION
The Subject property is a 37,500 sq.tt. parcel located on the
northeast corner ot Ocean Avenue and washinqton Street havinq a
frontaqe ot 250 teet on Ocean Avenue and a depth ot 150 teet on
Washinqton Avenue. Surroundinq uses consist ot mUlti-tamily
residential on the adjacent lot to the north (R4), mUlti-tamily
residential across Washinqton Avenue to the south (R4), multi-
tamily residential across First Court Alley to the ..st (R4) and
palisade. par~ acro.s Ocean Avenue to the wese.
Zoninq District: R4
Land Use Districts: High Density Houainq
Parcel Area: 150' X 250' - 37,500 square teet
PROJECT DESCRIPTION
proposed is the construction ot a sixteen unit, tour story con-
dominium buildinq with a 39 space subterranean parkinq qaraqe
accessed trom the First Court alley. The project would include
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two two-bedroom units, and fourteen three-bedroom units. A Con-
ditional Use Permit and Tentative Tract Map are required for all
condominium projects. A Development Review is required tor proj-
ects over 25.000 square feet in area in the R4 District. The
proposed project is 51,210 square feet in area.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
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The proposed project is consistent with the Municipal Code and in
conformity with the General Plan as shown in Attachment A.
CEqA STATUS
The prcject is categorically exempt from the provisions of CEQA,
pursuant to Class 3 (14) of the City of Santa Monica Guidelines
for. Implementation of CEQA.
RENT CONTROL STATUS
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The subj ect property is exempt from Rent Control as a vacant
parcel.
FEES
The proposed 16 unit condominium is subject to a Parks and Recre-
ation Facility Tax of $200.00 per unit and a Condominium Tax of
$1000.00 per saleable residential unit.
ANALYSIS
Background
The proposed project was reviewed by the Planning co~mi..ion at
the July 18, 1990 meeting. The Commission expressed general sup-
port for the project but concluded that some design modifications
were necessary and that the redesiqned project should return for
their review. Specifically, the Commission r.lt that the front
elevation of the building should be redesigned to break up the
large, blank facade, and that more quest parking should be added.
The Commission also encouraged the applicant to discuss the proj-
ect with the surrounding residents.
Since the July meeting, the applicant has made some modifications
to the building, including a redesign of the front facade which
features larger terraces and recessed courtyards. The number of
guest parking spaces has been increased from three to eight. The
applicant has also met with some of the neighborhood residents in
order to ensure that any ooncerns they may have are addre.sed.
North of Wilshire Moratorium
Section J(f) ot the North of WilShire Moratorium (Ordinance Num-
ber 1507 CCS), state. that a property ahall be eXSlIIpt from the
moratorium if the fOllowing requirements are met:
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(1) The applicant owned the property or had entered into
escrow for purchase of the property on or before May 9,
1989.
(2) No structures were on the property on May 9, 1989.
(3) If located in the R4 D~strict, the application shall
comply with the development standards contained in the
moratorium (See Attachment E).
Information submitted with the application confirms that the ap-
pl~cant did own the property on May 9, 1990, the property was
vacant and the application conforms with the development stan-
dards for the R4 District contained in the moratorium ordinance.
Project Design
The proposed project would include 16 single story flats on four
floors, with two tWO-bedroom uni'ts, and fourteen three-bedroom
units. The R4 District density standards of one unit per 900
square feet of lot area would permit 42 units on the subject
property. The project meets or exceeds the development stan-
dards in the R4 District including setbacks, lot coverage and
height. The building would feature large balconies on the Ocean
Avenue frontage and cOJlllllon courtyards adjacent to each unit.
Staff has expressed concern 'to the applicant regarding the design
of the building in terms of the exterior facade. Conditions ~o
the Architectural Review Board have been included to ensure that
ARB pay partiCUlar attention to the design of the building in
terms of the compatibility with the surrounding properties.
Parkinq
The required parking is based on the l'ltlmi'>er of bedrooms of each
unit. Parking is required as follows:
2 two-bedroom units @ 2 spaces each 4.0 spaces
14 three-bedroom units' 2.5 spaces each - 35.0 spaces
Guest parking @ 1 space per 5 units 3.0 spaces
Total parking -
42.0 spaces
The project provide. 39 parking spaces in a one level subter-
ranean garage and eight quest parking space. on the ground level
adjacent to the rear alley for a total of 47 spaces.
CONCLUSION
The proposed condominium complies with all applicable provisions
of the Zoning Ordinance, the North or. Wilshire Moratorium and the
General Plan and therefore merits approval.
RECOMMENDATION
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It is recommended that the Planning Commission approve Condition-
al Use Permit 90-026 , Development Review 90-006 and Vesting Ten-
tative Tract Map 46656 subject to the tollowing tindings and
conditions:
TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its provision tor
~ts design and improvements, is consistent with applicable
general and specific plans as adopted by the City of Santa
Mon~ca in that the plan conforms to the prov~sions ot the
Zoning Ordinance and the General Plan.
2. The site is physically suitable tor the proposed type of
development in that it is a standard lot with no unusual
characteristics.
3. The site is physically suitable for the proposed density
of development in that a 3',500 square foot lot in the R4
District can accommodate 42 units.
4. The design of the subdivision or the proposed improvements
will not cause substantial environmental damage or sub-
stantially and avoidably injure tish or wildlite or their
habitat in that the proposed development is an in-till ot
urban land which does not support tish or signiticant
wildlife.
5. The design of the subdivision or the type ot improvement
will not cause serious public health problems in that the
proposed development complies with the provisions ot the
Zoning Ordinance and General Plan.
6. The design ot the subdivision or the type ot improvements
will not conflict with easements, acquired by the public
at large, for access through, or use ot, property within
the proposed subdivision in that the subject site is ade-
quately served by existing streets and alleys.
CONDITIONAL USE PERMIT FINDINGS
1. The propos.d us. i. one conditionally permitted within the
subject district and complies with all ot the appliCable
provisions of the RCity ot Santa Monica Comprehensive Land
Us. and Zoning ardinanceR, in that the propos.d condomini-
um contorms to the Zoning Ordinanc. and the General Plan.
2 . The propos.d us. would not impair the integri ty and
character of the district in which it i. to be established
or located, in that it would be located in a mUlti-family
residential district.
3. The SUbject parcel is physically suitable for the type ot
land use being proposed, in that the proposed project
meets the density standards tor the R4 District.
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4.
The proposed use is compatible with any ot the land uses
presently on the subject parcel if the present land uses
are to remain, in that the existing structure would be
demolished.
5.
The proposed use would be compatible with existing and
permisslble land uses wlthin the district and the general
area in which the proposed use is to be located, in that
the area is a mix of single-family and multi-family
resldentlal units.
6.
There are adequate provlslons for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that the proposed development is an in-fill of urban
land adequately served by existing intrastructure.
Public access to the proposed use will be adequate, in
that the site is adequately served by existing streets and
alleys.
The physical location or placement ot the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that all setbacks, lot coverage
and height requirements for the R4 District and the North
of WilShire Moratorium have been met.
7.
8.
9.
The proposed use is consistent with the goals, objectives,
and policies ot the General Plan, in that the area is de-
fined as a Low Density Housing area by the Land Use Ele-
ment of the General Plan.
10.
The proposed use would not be detrimental to the public
interest, health, satety, convenience, or general welfare,
in that the proposed project complies with the provisions
ot the Zoning Ordinance, the North ot Wilshire Moratorium
and the General Plan.
11.
The proposed use contorms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions outlined in Subchapter 7, Section
9055 ot the City ot Santa Monica comprehensive Land Use
and Zoning Ordinance, in that no performance standard per-
mit would be required.
The proposed use will not re.ult in an overconcentration
ot such us.. in the immediate vicinity, in that the area
is detined as a mUlti-family residential district.
12.
DEVELOPMENT REVIEW FINDINGS
1. The physical location, size, massing, and placement ot
proposed structures on the site and the location ot pro-
posed uses within the project are compatible with and re-
late harmoniously to surrounding site. and neighborhoods,
in that the project complies with the property development
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standards adopted as part ot the North of Wilshire
HoratoriWII.
2. The rights-of-way can acco1Dlllodate autos and pedestrians,
including parking and access, in that the site is ade-
quately served by existing streets and alleys.
3. The health and safety services (police, fire, etc.) and
public infrastructure (e.g. utilities) are sufficient to
accommodate the new development, in that the proposed
development is an in-fill of urban land adequately served
by existing 1nfrastructure.
4. Anyon-site provision of housing or parks and public open
space, which are part of the required project mitigation
measures required in Subchapter 5G Of the City of Santa
Honica Comprehensive Land Use and Zoning Ordinance, satis-
factorily meet the goals of the mitigation program, in
that the project is not su6ject to the provisions of Sub-
chapter 5G.
s. The project is generally consistent with the Municipal
Code and General Plan, in that it complies with the
development standards for the R4 District.
CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW CONDITIONS
Plans
1. This approval is for those plans dated October 2, 1990, a
copy of which shall be maintained in the files of the
City Planning 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 ot Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
4. Minor amendment. 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 Commiesion
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 Re iew Board
5. The ARB - :a11 pay particular attention the the exterior
facade to ensure that the design of the building is com-
patible with surrounding properties.
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6. Prior to consideration of the project by the Architectural
Rev~ew Board, the applicant shall review disabled access
requlrements with the BUilding and Safety Division and
make any necessary changes in the project design to
achieve compliance wlth such requirements. The Architec-
tural Review Board, ~n its review, shall pay particular
attention to the aesthetic, landscap~nq, and setback im-
pacts of any ramps or other features necessitated by ac-
cess~bility requirements.
7. Plans for final design, landscaping, screening, trash en-
closures, and signaqe shall be subject to review and ap-
proval by the Architectural Review Board.
8. The eXlstinq mature trees located in the northwest corner
of the parcel shall be either preserved in their present
location or relocated to a specific location on the prop-
erty to the satisfaction ot the Planning Division and the
Architectural Review Board~
9. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities; scale and articulation at design ele-
ments; exterior colors, textures and materials; window
treatment; glazing; and landscaping.
10. Landscaping plans shall comply with Subchapter 5B
(Landscaping standards) of the zoning ordinance including
use of water-conserv ing 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 b. 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 ot such areas and equipment.
12. No gas or electric meters shall be located within the re-
quired front yard .etback are.. The Architectural Review
Board in its review shall pay particular attention to the
location and ecreening at such meters.
13. The Architectural Review Board shall pay particular atten-
tion to the location of the proposed roof decks in rela-
tion to the privacy of adjacent residents.
Fees
14. The City is contemplating the adoption of a Transportation
Management Plan which ie intended to mitigate traftic and
air quality impacts resulting from both neW and existing
development. The Plan will likely include an ordinance
establishinq mitigation requirement., including one-time
payment of fees on certain type. of new development, and
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annual fees to be paid by certain types of employers in
the City. This ordinance may require that the owner of
the proposed pX'oj 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.
15. A park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or re-
placement of the residential unites) on the subject lot,
per and subject to the provisions of section 6670 et seq.
of the Santa Monica Municipal Code.
Construction
16. During construction, a security fence, the height of which
shall be the maximum permitted by the Zoning Ordinance,
shall be maintained around~the perimeter of the lot. The
lot shall be kept clear of all trash, weeds, etc.
17. 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.
18. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project a. 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 Service. prior to
issuance of the building permits.
19. 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.
20. 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.
21. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General
Services prior to issuance of a building permit. AS ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and sUbcontractors as well as the developer and
architect; 2) D.scrine how demolition of any existing
structures is to b. accomplished; 3) Indicat. where any
crane. are to be located for erection/construction; 4)
De.cribe how much of the public stre.t, alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion: 5) Set forth the extent and nature of any pile-
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driving operat:ions; 6) Describe t:he length and nmnher or
any tiebacks which must extend under the property of other
persons: 7) SpecifY the nature and extent of any dewater-
ing and its effect on any adjacent buildings: 8) Descr~be
anticipated contruction-related tr.lcJc routes I num:Der 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 normal-
ly perm~tted hours is proposed: 11) Describe any proposed
construct~on noise mitigation measures: 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel: 13) Provide a drainage
plan: 14) Provide a construction-period parJcing plan
which shall minimize use of public streets for park~ng:
15) List a designated on-site construction manager.
22. 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 p~one num:Der of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction period. Said sign
shall also indicate the hours of permissible construction
work.
23. 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
24. Ul tra-low flow plumbing fixtures are required on all new
development and remodeling where pl",nhing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
25. Prior to issuance of a Certificate of Occupancy, project
owner shall present documentation to the General Services
Department certifying that existing Santa Honica 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 existinq 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-
vices Depa.rtment in an a.mount specified by General Ser-
vices in lieu of the installation requirement, which funds
shall be used l:ly the City tor the exclusive purpose of
aChievinq compliance with this condition l:ly retrOfitting
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existing occupancies. Flow calculations tor new d~velop-
ment and existinq occupancies shall be consister with
quidelines developed bi' the General Services Cepar- .ent.
MLscellaneous CUP Conditions
26. The building address shall be painted on the root ot the
building and shall measure four feet by eight feet (32
square feet).
27. If any archaeological remains are uncovered during
excavation or const.ruct.ion, work in t.he attected 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 .hall then be
made by the Director of Planning to determine the sig-
nificance of the survey findings and appropriate actions
and requirements, it any, ~o address such tindings.
28. street and/or alley lighting .hall be provided on pul:llic
rights of way adjacent to the project if and as needed per
the specifications and with the approval ot the Department
ot General Services.
29. Any lofts or mezzanines shall not exceed 99 .quare teet
unless appropriate required parking is .upplied. Such
areas shall also not exceed 33.3' ot the room below unless
compliance with the district'. limits on number ot stories
can be maintained.
Validity of Permits
30. The Conditional Use Permit and Oevelopment Review shall be
of no turther force or effect if the Tentative Map ex-
pires prior to approval of a Final Map for said tract.
31. In the event permittee violates or fails tc comply with
any conditions of approval of this permit, nc ~urther per-
mits, licenses, approvals or certificates of occupancy
shall be i..ued until .uch violation has been fully
remedied.
32. Within ten days ot Planning Division transmittal ot the
Statement of Official Action, project applicant shall
sign and return a copy of the statement of Official Action
prepared by the Planning Divi.ion, agreeing to the Condi-
tion. of approval and aCknOWledging that failure to comply
with such condition. shall con.titute grounds for poten-
tial revocation of the permit approval. By .igning same,
applicant .hall not thereby waive any legal rights appli-
cant may po..... regarding .aid condition.. The .igned
Statement shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
grounds tor potential permit revocation.
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33. This determination shall not become effective for a per~od
of fourte.n day. from the date of dete%'1llination, or, ~f
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator.
IMCL~SIONARY UNIT CONDITIONS
34. The developer shall covenant and agree with the City of
Santa Mon~ca to the specific terms, conditions and
restrict~ens upon the pessessien, use and enjoyment of the
subject property, which terms, conditions and restrictions
shall be recorded wlth the Los Angeles county Recorder's
Office as a part of the deed of the property to ensure
that three affordable units are provided and maintained
over time and through subsequent sales of the property.
An affordable unit shall be defined as being affordable to
households with incomes not exceeding lOOt of the (HUD)
Los Angeles County median ~ncome, expending not over 30%
of monthly income on housing costs, as specified by the
Housing Division of the Department of Community and
Economic Development.
This agreement shall be executed and recorded prior to
approval of the Final Map. Such agreement shall specify
1) responsibilities of the developer for making the
unites) available to eligible tenants and 2) responsibil~-
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 program 12 of the Housing Element
of the General Plan of the City of Santa Monica ("Program
12") . Developer may satisty the obligations created by
this Agreement by demonstrating to the Director of Plan-
ning compliance with Ordinance 1448 (ces) , which provides
implementation standards for Program 12.
TENTATIVE TRACT MAP CONDITIONS
1. All oft site improvements required by the City Engineer
shall be installed. Plans and specitications for oft site
improvements shall be prepared by a reqistered civil en-
gineer and approved by the city Engineer.
2. Before the City Engineer may approve the final map, a sub-
division improvement aqreement for all off site improve-
ments required by the City Engineer shall be prepared and
a performance bond posted through the city Attorney's
office.
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3. The tentative map shall expire 24 months atter approval,
except as provided in the provisions ot Calitornia 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.
4. The developer shall provide the Engineering Department of
the City of Santa Monica with one Dizal Cloth print
reproduction and microfilm of each sheet of the final map
after recordation.
5. Prior to approval of the final map, Condominium Associa-
t10n By-Laws (if applicable) and a Declaration of CC & Rls
shall be reviewed and approved by the City Attorney. The
ce .. R I s shall contain a non-discrimination clause as
presented in Section 9392 (SMMC) and in the case of con-
dominiums, contain such provisions as are required by Sec-
tion 9l22E (SMMC). ~
6. The developer shall provide for payment of a Condominium
Tax of $1,000 per saleable residential unit per the provi-
S10ns 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
approve-l.
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. The final map shall be recorded with the Los Angeles Coun-
ty Recorder prior to issuance of any building permit for a
condominium project pursuant to Government Code Section
66499.30.
10. Pursuant to Section 9366 (SMMC) , if the subdivider or any
interested person disagre.s with any action by the
Planning Commis.ion with resp.ct 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: David Martin, Associate Planner
Attachments: A.
B.
C.
D.
Municipal Code and General Plan Conformance
Radius and Location Map
Statistical Information Sheet
Summary of CC & R's
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PC/Ct:P9026a
10/lO/90
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E. North of Wilshire Moratorium
F. Vest~nq Tentative Tract Map 46656
G. Plot Plan. Floor Plans and Elevations
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Land Use
category Municipal Code Element
Permitted Cse 1 unit/900 Same
sq.f~.- 42 du
Projec,!:
16 Units
!!eight
4 stories/45, Same
for a pitched
roof, 4 Stories/40'
for a flat roof
4 Stories/ 40'
Setbacks
Front yard 20' 4 20.5'
s~deyard 25' 28.4'
Rearyard 15' 38'
Lot coverage 50% 47.5%
Parking 39 Spaces 47 Spaces
plus 3 Guest Spaces
Priv. open 100 sq. ft. per unit 260 sq. ft. per
space unit
Landscaping sot of front yard 96% of front yard
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~ 1 -.1"1" ;...~:.... ~ ,I. "I" T n' i.~< ~ g
5!.,.:}. ..."T'....~ ~ Ii ~~,I~-..J~
I . '/ .. . ~. ,. . . . .. ., - :~.
A#;-; )( ~_ 14
, '
LEGAl DESCRIPTION I.Df3 ~N:OiP.~ III.DC&" S~ CASE NO
'Tllwo o. ~Afl/tA ~l\JtdI ZONE R"
~l
STREET A(\ORF~~ DATE
APPl.ICANT SAI<AI<.UIlA CD.
r!.:eL'~
. . HEAftlf~G
DATE
~~~~f~~: -4
Sheef NO
:::~~'"' 506'
~61'l ~
.
SAKAK~RA AMERICA ING.
C.D.P. # 90-026
STRATISTICAL INFORMATION SHEET
A. 01. TOTAL NUMBER OF UNIT It6
02. UNIT TYPE "A" 2.869.00 SQ. FT. "X" _02 UNITS
..
03. UNIT TYPE "B" 3.248.00 SQ. FT. "X" #14 UNITS
TOTAL AREA FOR UNIT "A" &. "a"
a. LOT AREA
249.08' "X" 150.26'
C. PERCENTAGE OF LOT COVERED BY BUILDING
D. PERCENTAGE OF LOT COVERED BY LANDSCAPING
E. SELLING PRICE OF EACH UNIT.
01. UNIT TYPE "A" $2.500.000.00 "X" #02
02. UNIT TYPE "B" $3.000.00Q.00 "X" 114
.
5,738.00 SQ. FT.
45,472.00 SQ. FT.
= 51.210.00 SQ. FT.
37.534.~S SQ. FT.
47.50 "
3f;l.50 "
$ 5,000,000.00
TOTAL SELLING PRICE OF UNIT "A" " "B" $47.000.000.00
$ 4,200,000.00
951 OCEAN AVENUE, SANTA MONICA, CA 90402
~Pct\tJ:Et.t\ C__
.
.
C. tv ot
Santa Monica
Coml'l'U/'llty ana Ecorom" CleYeH:IcrntM ~em
""MIre Jncl ZonIng 04vlIkrI
12'31458 83'1
T~ACT ~c
ADDRESS
RESUIIE
iltllS $/Wuld III a /xl., summary not alii""" Ie ffle ",m"'.I. sell
CONDOIIINIUII ARTICLES OF INCORPORA nON
BYLAWS AND CC&Rs
, Type of Organ'Ulon
\i:::.,-~=o:::..':. "':.:.,;~al 3el"J.ef-::..':. :O:'::IOr3:':'0n
f.1emosrsl1,p
A:: condom~.,~tfM hOI'lecwners
M.moers~,p Term,nanon
Fall.:..:re 1:::> pay d::.es. sale cf U"l.l.t
4 Votl'9 R'ght!
O.e "o:.e per c::mdOl""'l"'ll'..ln 'J:1:.t
Managem.nt
5 ce::'son Board 0: D::..recto::'s ?res.:.:ien~.. l.ce-Pres...d.ent# Sec:-eta=y.
.. Chlef :lnanC.l.al :Jf:::..cer
PrOject Lie
Projected 11.fe "..lrl::'-lted.
Efeet'VllY Term of and Amerdm.nl>10 CC&Rs
AMendments or by -aJOl'l':.;t' '.lote
MaIntenance ProVISIOns
a Ur.lts ay eac~ l"dlvldual '..lnl.': '~Wl"'er
b Common Ar81S By Homeowners Assoc la't.10....
02lll1Q" RfPllr CI' abandonment proviSIOns Bv lnSUral"ce croceeds or soec 1a1 assess-e'"
of the owners, the ASSOCJ.atlon :5 req\.:lrec. :'0 recalr :1aI"aced
common areas
10 D~andown.r$""pofcondomJnlumunl(S Tt LS or-oocsec! 0;0 co"'str-..:ct :5 .:':J....;:c....:..._
un.lts rangIng In Slze frc'Tl. 2.869 S.7J :t to 6.~~6 sa ::, '..,ri.r::"i _ _
"'edlan sIze bel~O' 3.248 sc:t Owre!:'s:ll= shall tie ~!:':' 3.:.e
11 ~on, _ersl1ip anCl use Of common ar.as
OwnershIp of the cO'TU"lon areas shall. be 6 2/) u....dl./ld,;'~ '";;::...=~5";; ::....
each of the unl':. owners a.nd COM.'1"'on -=treas ...:saae st"dl: ::~ .1 .1_ ~.l:::~=
,2. Parkmg Sj)IC' Assignment ':.0 .21.1 .;.nlt. ,=-....me-:s 3""ld <:helr :'J.est.s.
'" 2 oark long spesce" wh leh shall be ["unber-ed 3nd .lS!!I: .]'1e~ :..::: :....~
U"I1. t owners
13 R_
a. Owners Fi~egaI SIaIuS ~o ne
UsI "esldentlal
c Any R_ons on Ag. or Occupant! ',0
d PtlS '10
~
Preporlllby
-:"01'py ~
r;fl~~S J'-I-zL. .....A:f., _'....,
Tid.
'\t!:.:!!"~ev
-
011.
;! -'I-TO
----
~~~D
.
.
CA:R~:,lS66/hpC
C~cy Cou~c~! Meet~n9 lZ-lZ-89
Santa Mon~ca. calltorn~a
ORDINANCE IruMI!IER _~ 5:; ~
(Clty Councll Serle.)
~~ ORDINANCE OF THE CITY COUNCIL OF THE
CIT~ OF SANTA MONICA EXTENDING THE MORATORIL~
ON RESIDENTIAL DEVELOPMENT IN THE AREA BOUNDED
B~ OCEAN AVE!roE, MONTANA AVENUE, THE EAST
SIDE OF 14TH STREET AND WILSHIRE BOULEVARD FOR
TEN MONTHS IN ORDER TO ALLOW FOR PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT THAT EVALUATES RE-ZONING
OF THE AREA AND FOR ADOPTION OF CONTROLS ON TIMING OF
CONSTR~CTION OF DEVELOPMENT ~OJECTS APPROVED IN THE AREA
AND DECLARING THE PRtsENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The City council finds
and declares:
(a) A slqniticant level of development activlty has
occurred between January 1987 and March 1989 in the area bounded
by Ocean Aven\1e on the west, by Montana Avenue on the north
(includinq the R-3 and R-4 zonecl property on the north side ot
Montana Avenue), by 14th Street on the east (includinq the R-3
zoned property on the east side of 14th Street), and by Wilshire
Boulevard. on the south (hereinafter referred to as the
"moratoriua are.-).
(b) More than twenty-one (21) residential develop.ent
projects that will result in the construction of 269 new
residential unit. in the moratorium area have been approved
between January 1987 and March 1989. This number Of projects and
"
- 1 -
A.~M~ E..
. .
un1ts lS slgnlf1cant when compared w1th the development act1vlty
1n the two prevloUs two-year perlods in the lIlorator1.UIIl area.
Our1.nq the period trom January 1985 throuqh December 1986, only
four (4) res1.dential development proJects. which resulted 1n the
constructlon of slxteen (16) new resldential units, were approved
:n the :noraeorlum area.
Durlnq the period trom January 1983
through December 1984, only tive (5) residential development
pro) ects, WhlCh resulted in the construction of seventy-seven
(77) un1.ts, were approved l.n the lIloratori~ area.
(c) While the City' 5 LaJd Use and Circulation Element,
adopted on October 23, 1983, Ldentitie. a standard of 48 dwellinq
un1ts per net resldential acre for hiqh dansity residential araas
1n the City, the development activity that has occurred betwean
January 1987 and March 1989 has resulted in 49.4 dwallinq units
per acrs 1n the R-4 portion of tha 1Il0ratori~ area.
(d) While the City's Land Use anel Circulation Element
identLties a standarcl. of 35 cl.wellinq units per net residential
acre for medium density residential areas, development activ1.ty
that has occurred between January 1987 and March 1989 has
resulted in 40.9 dwellinq units per acra in the R-3 portion of
the moratorium are..
ea) A nUllber of existinq properties in the lIloratorium
are. are underdeveloped in relation to the City's existinq
allowable hei,ht and density li.its. This is siqnificant in that
the recl.evelopment of the.. currently uncl.erdeveloped properties at
qre.tar I\.iqht and densiti.. could result in the loss of views
and liqht and could pose a thre.t to the existinq character of
the neiqhborhocd.
- 2 -
( t)
. .
Slgrat1cant parlung <1.t1cl.ncle5 .Xlst
In the
moratorlum area and lncr....d d.v.lopm.nt 15 llk.ly to .x.cerbate
an alr.ady unacceptable level of parx1nq prOblem..
(g) There is contlnu1nq and 1ncreas1ng concern reqar<11ng
the capac1 ty of the eX1st1nq infrastructure 1n the mora tor ll.:::l
area to support 1ncreases 1n densit1.s.
(h) Ther. is contlnu1nq and 1ncr.a.1nq community concern
that an 1ncr.asinq number of application. are and w1ll contlnue
to be f1l.d tor development project. within the morator1um area.
(i) The amount ot construction activity taxinq place 1n
1
the morator1um area causes siqniticant disruption and nOlS8
problems for the res1dents ot the area.
(J)
The
lncrease
1n
development
activity
in
the
morator1um area poses a threat to the public health, satety and
~elfar. ot the residents.
(X) In liqht of the above-mentioned concern., the City
Counc1l adopted Ordinance Number 1478 (CCS) on May 9, 1989, which
ord1nance established a 45 day moratorium and adopted Ordinance
Number 1484 (CCS) on June 13, 1989, extendinq the moratorium tor
six months.
(1) OUrin9 the past six months, the City's Planninq
Oiv1.ion convened a task force composed of re.ident. and property
owners in the moratorium area to participate in discussions about
solutions to the above-mentioned concern..
(m) On November 21, 1989, the Planninq Divi.ion pre.ented
a
staff
report
to
the
City
Council
conUinin9
staff
recommendation. and reeo...ndations of the ta.k force. FOllowinq
the staff report, the City Council directed that the moratorium
- 3 -
I
be eXl:ended
~~ order
l:0
allow
l:he
.
sl:att
to
prepare an
envlronmental lmpact report to eValuate proposed re-ZOnlnq ot the
area and tor preparatlon ot an ordinance qoverninq the rat. and
t1m1nq ot construct1on proJects 1n the area.
(n) Pend1nq posS1ble re-zoninq ot the area, adopt1on ot
~ad1f1ed deve:apment standaras. and controls on tlmlnq af
constructlon ot approved development projects 1n the area. 1t 1S
necessary to extend the 1nterlm control measure establlshed by
Ord1nance NumJ:ler 1484 (CCS) in order to pre.erve the eXlStlnq
character ot the morator1um area and prevent any turther
~
aqqravatlon ot the parklnq and other infrastructure limitations.
SECTION 2. Koratorlum.
(al SubJect to the exemptions Set forth in Section 3 of
thlS Ordinance, a moratorium is hereby placed on the acceptance
tor process1nq of any application. for approval of tentative
tract maps, tentative parcel maps, administrative approvals,
development review permits, conditional use permits, or any other
C1ty permits tor the erection, construction. demolition, movinq,
conversion of, and excavation and qradlnq tor, any resident141
bUlldinq or structure, includinq any hotel or motel, on
properties zoned R-] or R-4 in the moratorium area.
Cbl Subject to the exemptions set torth in Section 3 ot
this Ordinance, the planninq commission and City staff are hereby
directed to dbapprove all applications tiled atter April 28,
1989, tor approval of tentative tract maps, tentative parcel
maps, admini.trative approvals, development raviev pe~it.,
conditional use peraits, or any other City peraita for the
- 4 -
.
.
ereC~.1.0n, Cot"\structlon, demollt.10n, movlnq, converSlon of, and
.xcavat~on ancl qracl~nq for, any r.siclent~al b..alcl~nq or
structure, includinq any hotel or motel, on propert~es zoned R-J
or R-4 in the morator~um area.
SECTION 3. Exemptions.
The followinq appllcatlons are
exempt frem the provls~ons of Section 2 of th~s Ordinance:
(a) Applicatlons for approval of pel"lDits involvinq the
erectlon, construction, enlarqement, de.olition of a slnqle
fam~ly dw.ll~nq, or movinq of, and excavation and qradinq for any
s~nqle famlly dwellinq.
1
(b) Applications for approval of pel"lDits involvinq the
erection, constructlon, enlarqe.ent, de.olition, or movinq of,
and excavatlon and qradinq for any multiple dW.llinq d.v.lopment
lntended tor rental housinq for person. ot low and moderate
income or for senior citizen., and which development is financed
by any tederal, state or City hou.inq a..istance proqr.m or owned
by any non-pro tit orqanization, provid.d the Director ot Plannlnq
determlnes that such dev.lopm.nt is in confol"lDanc. with tn.
General Plan and the Zoninq Ordinanc. and provided a deed
restriction is r.cord.d r.strictinq the d.v.lopm.nt to such
purpose.
(c) Application. tor approval ot p.rlIit. involvinq tn.
rehabilitat:ion or .nlarq...nt of .xistinq dw.llinq unit..
(d) Application. for project. d....d caaplete on or
b.tor. April 28, 1989. An application shall be d....d compl.t.
tor purpo.e. of thb Ordinance within tift..n (lS) days tor
subdivision map. and parc.l map., and thirty (30) day. for all
- 5 -
. .
other pe~~ts. after the Planning O~v~s~on
r.ce~ves a
su~stant~.lly compleee appl~cae~on together with all intormat~on.
reports, drawings, plans, flllng fees, and any other mater~als
and documents requlred by the approprlaee app1icat~on torms
suppl~ed by the City. If, wlthln the specified time period, the
Plannlng D~Y~s~on fails to advlse the applicant ln wrlting that
hlS or her applicatlon 15 incomplete and to specify all
add~tlonal ~nformat~on requ~r.d to complete that application, the
appllcation shall automatically be deemed complete. An
appllcatlon
15
"substantlallw complete"
if
the missing
lnformation is supplled withln two (2) working days of the city's
request"
(el Applicatlons for approval or permits involving the
erection, construction, enlarqem~t, demolition, or moving of,
and excavation and grading for, projects which have been granted
development permits by the Planning commission or Planning
Olvlsion prlor to April 28, 1989.
(f) Applications for approval at permits involving the
construction and excavation and gradinq for, projects where the
fOllowinq require.ents are met.
(1) The applicant owned the property or had entered
into escrow for purchase of the property on or before May 9,
1989.
(2) No structures" were on the property on May 9,
1989.
(3) It located in the R-3 District, the application
meets the followinq development standards:
- 6 -
".
. .
(1) HaXlmUm BUlldlnq Kelqht. Three storas,
not to exceed J5 feet for a flat roof, or 40 feet for a pltched
roof. A pitched roof lS deflned as a roof wlth at least t...o
Sloes havlnq no less than one foot of vettical r1se for every
three feet ot horlzontal run. The walls ot the bUlldinq may not
exceed the maXlmum height requlred for a flat root.
(11) MaXlmum ~nlt Density. One dwelllnq unlt
for each 1250 square feet ot parcel area.
No more than one
dwelllnq un1t shall be perm1tted on a parcel of le.. than 4,000
square teet if a slnqle tamily dwellinq existed on the parcel on
,
the effectlve date ot thlS Chapter.
(lli) Maximum Parcel coveraqe. 50 percent.
(iv)
Mlnimum Lot Size.
5.000 square feet.
Each parcel shall contain a minimU1ll depth of 100 feet and a
:unlmum wldth of 50 feet, except that parcels exi.tlnq on the
effective date of this Chapter are not subject to thlS
req\urement.
(v) Front Yard Setback. 20 feet. or as shown
on the Official Districtinq Map, whichever is qreaeer. However.
25' ot the front elevation up to 14 teet in heiqht shall be set
back an additional averaqe of 5 feet and 30' of the front
elevation above 14 f.et in heiqht shall be set back an additional
averaqe of 10 feet froa the required front yard .etback.
(vi) Rear Yard Setback. 15 feet.
(vii) S1de Yard Setback. Th. .id. yard
setback shall be determined in accordance with the followinq
formula, except for lots of le.s than 50 f.et in width for which
- 7 -
.
~he Slae yara JIlll be 10\ of tne parcel w~th but not less than
4 het:
5' .. (sterle. )( lot widthl
50'
For any portlon of the structure between 14 t.et and 28 teet 1n
helght, an addll:lonal 4 foot averaqe setback 15 requlred. For
any portlon of the structure betveen 29 feet and 38 teet, an
addltlonal 8 (oot averilqe setDack trom the IIllnimum slde yard
setback 15 requlred.
(Vlil) Landscaplnq. A minimum of 50\ of the
requlred front yard setback sha!l be landscaped. A minimWII of
50\ of both requlred slde yard setbacks shall be landscaped. At
least tvo 24" box trees shall be planted in the front yard.
(ix) Prlvate Open Space. For projects of 4 or
5 unlts, 150 square feet of private open spaCe per unit shall ~e
requlred. For projects of 6 units or more, 100 square teet of
private open space per unit shall be required.
(x) Development Review. A Development Review
?ermlt 1S required for any development of more than 22,500 square
teet of floor area.
(4) If located in the R-4 District, the application
meets the following development standards:
(i)
MaximUll Buildinq Heiqht.
Four stories,
not to exceed 40 feet for a flat root, or 45 teet for a pitched
root. A pitChed root i. defined a. a roof with at least two
sides havinq no le.. tnan one foot of vertical ri.e for every
three feet ot horizontal run. The walls of the building may not
exceed the .axi.ua heiqht required for a flat roof.
- . -
.
(u)
.
MaX~MUM Un1t Oens~ty. One awell~ng un~t
tor each 900 square teet ot parcel area.
No More t~!n one
dwelllnq unit shall be permlttea on a parcel ot less than 4,000
square feet It a slngle famlly dwelllng eXlsted on the parcel on
the e!!ectlve date ot thls Chapter.
(111) Maxlmum Parcal Coveraqe. SO percent.
( lV)
Mlnlmum Lot SlZa.
5,000 Square teet.
Each parcel shall conta1n is lIIlnlmUlII depth of 100 feet and a
::llnl:r.um w1dth ot 50 teat, except that parcels eXlstlng on the
etfective date ot thlS Chapter are not SUbJect to th~s
:
requlrement.
(v) Front Yard Setback. 20 feet, or as shown
on the Oftlclal Olstrlctinq Map, whichever is qreater. However,
25' ot the front alevatlon up to 14 teet in heiqht shall be .et
back an addltlona1 averaqe of 5 teet and 30t Of the front
e1evatlon above 14 feet in heiqht shall be set back an additlona1
averaq. of 10 feet from the required front yard setback.
(vil Rear Yard Setback. 15 feet.
(viil
Side Yard Setback.
The side yard
setback .hall be detenined in accordance with the tollowinq
tormula, except for lots of le.. than SO teet in wldth for which
the side yard .hall be lOt Of the parcel width but net 1... than
4 teet:
5' + (storie. x lot width)
50'
Fer any portion ot the .tructure between 14 teet and 28 teet in
helqht, an additional 4 toot averaqe .etback i. required. For
any portion ot the .tructure betw.en 29 teet and 38 teet, an
- 9 -
addltlonal 8
,. averaqe
setback rrom
.
tne DllnlDlUDl slele yard
setback lS requlred.
(VJ.lJ.) LandSCapinq. It. lIlJ.nJ.DlUIII or 50' or the
requJ.red front yard setback shall be landscaped. It. DlJ.nJ.DlUIII of
50' of both requJ.red sJ.de yard setbacks shall be landscaped. At
least t."o 24" box trees shall be planted in the front yard.
(lX) PrJ.vate Open Space. For proJects ot or
5 un1ts, 150 square reet or prJ.vate open space per unJ.t shall be
requlred. For proJects ot 6 units or more, 100 square teet of
prJ.vate open space per unJ.t Shal} be required.
[x) Oevelopment Review. It. Cevelopment RevJ.ew
PermJ.t J.s requJ.red tor any development of lIlore than 25,000 square
feet ot tloor area.
SECTION 4. This Ordinance shall be of no further force and
eftect ten months from its adoption, unles. prior to that date,
after a publJ.c hearinq, noticed pursuant to Section 9131.5 of the
Santa MonJ.ca Municipal Cod., the City council, by majority yote.
extends the J.nterim ordinance as provid.d by Section 9120.6 of
the Santa Monica Municipal Cod..
SECTION 5. This ordinance is decl.red to be .n urqency
measure .dopted pursu.nt to the provisions Of Section 9120.6 of
the S.nta Ikmi~ Municipal Code .nd Section 615 of the S.nta
Monica City Charter. It i. n.c....ry for pre.ervinq the public
peace, health and .afety, and the urqency for it. adoption i. .et
forth in the findinq. .bov..
- 10 -
.
.
S ECTICN 6.
Any provlslon of ene Sanea Monlca Munlclpal
Code or appendlces tller.eo lnconS1Seene ...i tll tne prov lSlons of
tillS Ordinance, to tn. exeene ot such lneonslstenCl.S and no
fur~her, are hereby repealed or ~odltled to tnat extent necessary
to af~ect the provlslons of thlS Ordlnance.
SECTION 7.
If any sectlon, sUbs.ctlon. sentenc., clause,
or phrase of thlS Ordlnance lS for any reason held to be lnvalld
or unconstitutlonal by a declsion of any court of any competent
Jurlsdlctlon. such deelslon shall not aff.et the validity of the
remalninq portl.ons of ehis Ordinanc.. The City Council hereby
declares that it would have pass.d this Ordinane., and .ach and
every s.ctlon, subs.etion, s.ntene., clause, or phrase not
declared invalid or unconstitutional ...ithout r.qard to ...hether
any portl.on of the Ordinance ...ould be subs.quently deelar.d
lnvalld or uneonstltutional.
SECTION 8. The Mayor shall .ign and the City Cl.rk shall
aetest to the passaqe of this Ordinance. The City Clerk shall
cause the sam. to be published once in the official n.....pap.r
wlthin 15 day. atter its adoption. This Ordinance shall become
eff.ctiv. upon adoption.
APPROVED AI TO roM:
~M&
ROBERT M. MYERS
City Attorney
h\7 ~..r- _
U
- 11 -
.
.
Adopt.d and approved th~. 12th day ot Oecember. 1989,
V\ ')
'f0~ ({~
. -) - Mayor
I hereby certity th.t the tor.;oin; Ordinance No. 1507(CCS)
..... duly and reqularly introdu;:ed .t a m..tin; ot the C~ty
Counc~l on the 12th day ot Oecember 1989; that the said Ordinance
was thereatter duly adopted at a meetin~ ot the city Council on
the 12th day ot December 1989 by the tollowinq Council vote:
Ayes: Counc illDembers : AJ:xio, Finkel, Gen..r. Jenninqs,
Kayar Zane
Noe.: councillDuU:i.rs: Katz, Reed
Atlstaiil: Counc:illDemb.rs: None
Atlsent: Counc11lDsmbers: Nons
"T'I'EST:
."': /,'u/j
",,:arc j/~ ;7!.L.J
A'" ~ty Clerk
.
.
CA:RMM:ll566jhpc
Clty Council Meeting 12-12-89
Santa Monica, California
ORDINANCE NUMBER 1507
(City council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING THE MORATORIUM
ON RESIDENTIAL DEVELOPMENT IN THE AREA BOUNDED
BY OCEAN AVENUE, MONTANA AVENUE, THE EAST
SIDE OF 14TH STREET AND WILSHIRE BOULEVARD FOR
TEN MONTHS IN ORDER TO ALLOW FOR PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT THAT EVALUATES RE-ZONING
OF THE AREA AND FOR ADOPTION OF CONTKOLS ON TIMING OF
CONSTRUCTION OF DEVELOPMENT PROJECTS APPROVED IN THE AREA
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds
and declares:
(a) A significant level of development activity has
occurred between January 1987 and March 1989 in the area bounded
by Ocean Avenue on the west, by Montana Avenue on the north
(including the R-3 and R-4 zoned property on the north side of
Montana Avenue), by 14th Street on the east (including the R-3
zoned property on the east side of 14th Street), and by Wilshire
Boulevard on the south (hereinafter referred to as the
"moratorllD1 area").
(b) More than twenty-one (21) residential development
projects that will result in the construction of 269 new
residential units in the moratorium area have been approved
between January 1987 and March 1989. This number of projects and
\
'\
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un1ts is significant when compared with the development activity
1n the two previous two-year periods in the moratorium area.
During the period from January 1985 through December 1986, only
four (4) residential development projects, which resulted in the
construction of sixteen (16) new residential units, were approved
in the moratorium area.
During the periOd from January 1983
through December 1984, only five (5) residential development
projects, which resulted in the construction of seventy-seven
(77) units, were approved in the moratorium area.
(c) While the City's Land Use and Circulation Element,
adopted on October 23, 1983, identifies a standard of 48 dwelling
units per net residential acre for high density residential areas
in the City, the development activity that has occurred between
January 1987 and March 1989 has resulted in 49.4 dwelling units
per acre in the R-4 portion of the moratorium area.
Cd) While the City's Land Use and CirCUlation Element
identifies a standard of 35 dwelling units per net residential
acre for medium density residential areas, development activity
that has occurred between January 1987 and March 1989 has
resulted in 40.9 dwelling units per acre in the R-3 portion of
the moratorium area.
Ce) A nUlllber of existing properties in the moratorium
area are underdeveloped in relation to the City's existing
allowable height and density limits. This is significant in that
the redevelopment of these currently underdeveloped properties at
greater height and densities could result in the loss of views
and light and could pose a threat to the existing character of
the neighborhood.
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(t) Significant parking deUciencies exist in the
moratorium area and increased development is likely to exacerbate
an already unacceptable level ot parking problems.
(g) There is continuing and increasing concern regarding
the capacity of the existing infrastructure in the moratorium
area to support increases in densities.
(h) There is continuing and increasing community concern
that an increasing numher ot applications are and will continue
to be filed for development projects within the moratorium area.
(i) The amount of construction activity taking place in
the moratorium area causes significant disruption and noise
problems for the residents ot the area.
(j) The increase in development activity in the
moratorium area poses a threat to the public health, safety and
welfare ot the residents.
(k) In light of the above-mentioned concerns, the City
Council adopted Ordinance Number 1478 (CCS) on May 9, 1989, which
ordinance established a 45 day moratorium and adopted Ordinance
Number 1484 (CCS) on June 13, 1989, extending the moratorium for
six months.
(1) During the past six months, the City's Planning
Division convened a task torce composed of residents and property
owners in the moratorium area to participate in discussions about
solutions to the above-mentioned concerns.
(m) On November 21, 1989, the Planning Division presented
a staft report to the City Council containing staff
recommendations and recommendations of the ~ask force. Following
the staft report, the City Council directed that the moratorium
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be extended in order to allow the staff to prepare an
environmental impact report to evaluate proposed re-zoning of the
area and for preparation of an ordinance governing the rate and
timing of construction projects in the area.
(n) Pending possible re-zoning of the area, adoption of
modified development standards, and controls on timing of
construction of approved development projects in the area, it is
necessary to extend the interiJll control measure established by
Ordinance Number 1484 (eCS) in order to preserve the existing
character of the moratorium area and prevent any further
aggravation of the parking and other infrastructure limitations.
SECTION 2. Moratorium.
(a) subject to the exemptions set forth in Section 3 of
this Ordinance, a moratorium is hereby placed on the acceptance
for processing of any applications for approval of tentative
tract maps, tentative parcel maps, administrative approvals,
development review permits, conditional use permits, or any other
City permits for the erection, construction, deJllolition, moving,
conversion of, and excavation and grading for, any residential
building or structure, including any hotel or motel, on
propertie. zoned R-3 or R-4 in the moratorium area.
(b) Subject to the exemptions set forth in Section 3 of
this Ordinance, the Planning Commission and City staff are hereby
directed to disapprove all applications filed after April 28,
1989, for approval of tentative tract maps, tentative parcel
maps, administrative approvals, development review permits,
conditional use permits, or any other City permits for the
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erection, construction, demolition, moving, conversion of, and
excavation and grading for, any residential building or
structure, including any hotel or motel, on properties zoned R-3
or R-4 in the moratorium area.
SECTION 3. Exemptions. The following applications are
exempt from the provisions of Section 2 of this ordinance:
(a) Applications for approval of permits involving the
erection, construction, enlargement, demolition of a single
family dwelling, or moving of, and excavation and grading for any
single family dwelling.
(b) Applications for approval of permits involving the
erection, construction, enlargement, demolition, or moving of,
and excavation and grading for any multiple dwelling development
intended for rental housing for persons of low and moderate
income or for senior citizens, and which development is financed
by any federal, state or City housing assistance program or owned
by any non-profit organization, provided the Director of Planning
determines that such development is in conformance with the
General Plan and the Zoning Ordinance and provided a deed
restriction is recorded restricting the development to such
purpose.
(c) Applications for approval of permits involving the
rehabilitation or enlargement of existing dwelling units.
(d) Applications for projects deemed complete on or
before April 28, 1989. An application shall be deemed complete
for purposes of this Ordinance within fifteen (15) days for
subdivision maps and parcel maps, and thirty (30) days for all
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other per.ni ts. after the Planning Division receives a
substantially complete application together with all information,
reports, drawings, plans, filing fees, and any other materials
and documents required by the appropriate application forms
supplied by the City. If, within the specified time period, the
Planning Division fails to advise the applicant in writing that
his or her application is incomplete and to specify all
additional information required to complete that application, the
application shall automatically be deemed complete. An
application is "SUbstantially complete" if the missing
information is supplied within two (2) working days of the city's
request.
(e) Applications for approval of permits involving the
erection, construction, enlargement, demolition, or moving of,
and excavation and grading for, projects which have been granted
development permits by the Planning Commission or Planning
Division prior to April 28, 1989.
(f) Applications for approval of permits involving the
construction and excavation and grading tor, projects where the
following requirements are met.
(1) The applicant owned the property or had entered
into escrow for purchase ot the property on or before May 9,
1989.
(2) No structures were on the property on May 9,
1989.
(3) If located in the R-3 Dis~rict, the application
meets the following development standards:
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(i) Maximum Buildin~ Heiqht. Three stories,
not to exceed 35 feet for a flat roof, or 40 feet for a pitched
roof. A pitched roof is defined as ill roof with at least two
sides having no less than one foot of vertical rise for every
three feet of horizontal run. The walls of the building may not
exceed the maximum height required for a flat roof.
(ii) Maximum Unit Density. One dwelling unit
for each 1250 square feet of parcel area. No more than one
dwelling unit shall be permitted on a parcel of less than 4,000
square feet if a single family dwelling existed on the parcel on
the effective date of this Chapter.
(iii) Maximum Parcel Coveraqe. 50 percent.
(iv) Minimum Lot size. 5,000 square feet.
Each parcel shall contain a minimum depth of 100 feet and a
minimum width of 50 feet, except that parcels existing on the
effective date of this Chapter are not subject to this
requirement.
(v) Front Yard Setback. 20 feet, or as shown
on the Official Districting Map, whichever is greater. However,
25\ of the front elevation up to 14 feet in height shall be set
back an additional average ot 5 feet and 30t of the front
elevation above 14 feet in height shall be set back an additional
average ot 10 teet trom the required front yard setback.
(vi) Rear Yard Setback. 15 feet.
(vii) Side Yard Setback. The side yard
setback shall be determined in accordance with the fOllowing
formula, except for lots of less than 50 feet in width tor which
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the side yard shall be 10' of the parcel width but not less than
4 feet:
5' + (stories x lot width)
50'
For any portion of the structure between 14 feet and 28 feet in
height, an additional 4 foot average setback is required. For
any portion of the structure between 29 feet and 38 feet, an
additional 8 foot average setback from the minimum side yard
setback is required.
(viii) Landscapinq. A minimum of 50% of the
required front yard setback shall be landscaped. A minimum of
50% of both required side yard setbacks shall be landscaped. At
least two 24" box trees shall be planted in the front yard.
(ix) Private Open Space. For projects of 4 or
5 units, 150 square feet of private open space per unit shall be
required. For projects of 6 units or more, 100 square feet of
private open space per unit shall be required.
(x) Development Review. A Development Review
Permit is required for any development of more than 22,500 square
feet of floor area.
(4) If located in the R-4 District, the application
meets the following development standards:
(1)
Maximum Buildinq Heiqht.
Four stories,
not to exceed 40 feet for a flat roof, or 45 feet for a pitched
roof. A pitched roof is defined as a roof with at least two
sides havinq no less than one foot of vertical rise for every
three feet of horizontal run. The walls of the building may not
exceed the maximum height required for a flat roof.
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(ii) Maximum Unit Density. One dwelling unit
for each 900 square feet of parcel area.
No more than one
dwelling unit shall be permitted on a parcel of less than 4,000
square feet if a single family dwelling existed on the parcel on
the effective date of this Chapter.
(iii) Maximum Parcel Coveraqe. 50 percent.
(iv)
Minimum Lot Size.
5,000 square feet.
Each parcel shall contain a minimum depth of 100 feet and a
minimum width of 50 feet, except that parcels existing on the
effective date of this Chapter are not sUbject to this
requirement.
(v) Front Yard Setback. 20 feet, or as shown
on the Official Districting Map, whichever is greater. However,
25% of the front elevation up to 14 feet in height shall be set
back an additional average of 5 feet and 30% of the front
elevation ab~ve 14 feet in height shall be set back an additional
average of 10 feet from the required front yard setback.
(vi) Rear Yard Setback. 15 feet.
(vii)
Side Yard Setback.
The side yard
setback shall be determined in accordance with the following
formula, except for lots of less than 50 feet in width for which
the side yard shall be 10% of the parcel width but not less than
4 feet:
5' + (stories x lot width)
50'
For any portion of the structure between 14 feet 'and 28 feet in
height, an additional 4 foot average setback is required. For
any portion of the structure between 29 feet and 38 feet, an
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add~tional 8 foot average setback from the minimum side yard
setback is required.
(viii) Landscapinq. A minimUIII of 50\ of the
required front yard setback shall be landscaped. A minimUIII of
sot of both required side yard setbacks shall be landscaped. At
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least two 24" box trees shall be planted in the front yard.
(ix) Private Open Space. For projects of 4 or
5 units, 150 square feet of private open space per unit shall be
required. For projects of 6 units or more, 100 square feet of
private open space per unit shall be required.
(x) Development Review. A Development Review
Permit is required for any development of more than 25,000 square
feet of floor area.
SECTION 4. This Ordinance shall be of no further forCe and
effect ten months from its adoption, unless prior to that date,
after a public hearing, noticed pursuant to Section 9131.5 of the
Santa Monica Municipal Code, the City Council, by majority vote,
extends the interim ordinance as provided by Section 9120.6 of
the Santa Monica Municipal Code.
SECTION 5. This ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 9120.6 of
the Santa Monica Municipal Code and Section 615 of the Santa
Honica City Charter. It is necessary for preserving the public
peace, health and safety, ~nd the urgency for its adoption is set
forth in the findings above.
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Adopted and approved this 12th day ot December, 1989.
Y09--, '"((~
. . J Hayor
I hereby certify that the foregoing Ordinance No. 1507 (CCS)
was duly and regularly introduced at a maatinq of the City
council on the 12th day of December 1989; that the said Ordinance
was thereatter duly adopted at a meetinq of the City Council on
the 12th day of December 1989 by the fOllowinq Council vote:
Ayes: Councilmembers: Abdo, Finkel, Ganser, Jennings,
Hayor Zane
Noes: Councilmembers: Katz, Reed
Abstain: Councllmembers: None
Absent: councilmembers: None
ATTEST:
~14/l J/-4hJtfJ
A'-st <;lty Clerk
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SECTION 6.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 7.
If any section, subsection, sentence, ~lause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaininq portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without reqard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 8. The Mayor shall siqn and the City Clerk shall
attest to the passaqe of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective upon adoption.
APPROVED AS TO FOIlM:
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ROBERT M. MYERS -V
City Attorney
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