SR-8-A (210)
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CZA
CITY PLANNING DIVISION
community and Economic Development Department
M E M 0 R A H 0 U M
~ATE: Octocer 17, 1990
~o: The Honorable Planninq Commission
FROM: Planninq Staff
SUBJECT: Conditional Use Permit 90-026
Development Review 90-006
Vestlnq Tentative Tract Map 46656
Address: 951 Ocean A~enue
Appl~cant: Sakakura Amer~ca, Inc.
S t."MMAR Y
Actl.on: Application tor a conditional Use Permit, Development
ReV1ew and Vestinq Tentative Tract Map to allow the construc-
t~on of a sixteen unit condominium project.
Recommendation: Approval with Conditions
Perm1t Streamlininq Exp~ration Date: October 20, 1990
Subdivision Action Oeadline: June 9, 1990
SITE LOCATION AND DESCRIPTION
The subject property i. a 37,500 .q. ft. parcel located on the
northeast corner ot Ocean Avenue and Wa.hington street havinq a
frontaqe ot 2~0 tee~ on Ocean Avenue and a depth of 150 teet on
Washinqton Avenue. Surroundinq u.e. con.i.t of multi-family
residential on the adjacent lot to the north (R4), multi-family
residential acro.. Wa.hin~on Avenue to the .outh (R4), multi-
family re.idential acro.. Firat Court Alley to the ...t (R4) and
Palisade. Park acro.. Ocean Avenue to the we.t.
Zoninq Oistrict: R4
Land Use Oi.trict.: High Oensity Hou.inq
Parcel Area: 150' X 250' . 37,500 .quare te.t
PROJECT DESCRIPTION
Proposed i. the construction ot a sixte.n unit, tour .tory con-
dominium buildinq with a 39 space subterranean parkinq garaq.
accessed trom the Firat Court alley. The project would include
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two two-bedroom units, and ~ourteen three-bedroom units. A Con-
ditional Use Permit and Tentative Tract Map are required tor all
condominium projects. A Development Review is required for proj-
ects over 25,000 square teet 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.
CEQ,A STATUS
The prcject is categorically exempt trom the provisions of CEQA,
pursuant t.o Class 3 (14) of the City ot Santa Monica Guidelines
for- Implementation of CEQA.
RENT CONTROL STATUS
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The subj ect propert.y is exempt from Rent Control as a vacant .
parcel.
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The proposed 16 unit condominium is subject to a Parks and Recre-
ation Facility Tax ot $200.00 per unit and a Condominium Tax of
$1000.00 per saleable residential unit.
ANALYSIS
Ba,~ksround
The proposed project was reviewed by the Planninq Commission at
the July 18, 1990 meeting. The Commission expressed general sup.
port for the project but concluded that 80me design modifications
were necessary and that the redesigned project should return for
their review. Specifically, the commission ~81t that the front .
elevation of the building should be red..igned to break up the
larqe, blank facade, and that more quest parkinq should ba 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 terrac.s and rece.sed courtyards. The nu~h.r ot
quest parking spaces haa been increased from three to eight. The
applicant has also met with some ot the neighborhood residents in
order to ensure that any concerns they may have are addres.ed.
North of Wilshire Morator~um
section 3et) ot the North ot Wilshire Moratorium (ordinance NUm-
ber 1507 CCS), atat.a that a property .hall be exempt trom the
moratorium it the tollowing require.ents are met:
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(1) The applicant owned the property or had entered into
escrow tor purchase of 'the property on or before Hay 9,
1989.
(2) No structures were on the property on May 9, 1989.
(3) It located in the R4 District, the application shall
comply with the development s'tandards contained in the
morator~um (see Attachment E).
Informat~on submitted with the application confirms that the ap-
pI ~can-: did own the property on May 9 I 1990, the property was
vacant and the applicat~on conforms with the development stan-
dards for the R4 District contained in the moratorium ordinance.
ProJect Design
The proposed projeet would inelude 16 single story flats on four
floors, with two two-bedroom uni"t.s, and fourteen three-bedroom
uni ts . The R4 District density standards of one unit per 900
square feet of lot area would permit 42 units on the subject
property" The proj ect meets or exceeds the development stan-
dards ~n the R4 Distriet including setbacks, lot coverage and
helght. The building would feature large balconies on the Ocean
Avenue frontage and common courtyards adj acent to each uni't.
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 ~n
terms of the compatibility with the surrounding properties.
Park~nq
The required parking is based on the numher of bedrooms of each
unit. Parking is required as tollows:
2 two-bedroom units' 2 spaces each - 4.0 spaces
14 three-bedroom units @ 2.5 spaees each - 35.0 spaces
Guest parkinq @ 1 space per 5 units - 3.0 spaces
Total Parking -
42.0 spaces
The proj act provide. 39 parking space. in a one level subter-
ranean garaqe and eiqht quest parking spaces on the ground level
adjacent to the rear alley tor a total of 47 spaces.
CONCLUSION
The proposed condominium complies with all appliCable provisions
of the Zoning Ordinance, the North ot Wilshire Moratorium and the
General Plan and there tore merits approval.
RECOMMENDATION
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It is reco~ended
al Use Perm~t 90-
t.ative Tract Ma.!'
conditions:
that the Planning commission approve Condition-
S / Development Review 90-006 and Vesting Ten-
6656 subject to the following findings and
TENTATIVE TRACT ~~? 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 Sa.nta
Monica in that the plan conforms to the provisions of the
Zoning Ordinance and the General Plan.
2. The site is physically suitable for the proposed type of
development in that it is a standard lot with no unusual
charact.erlstics.
3. The site is physically suitable for the proposed density
of development ~n that a 3~,SOO 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 fish or wildlife or their
habitat in that the proposed development is an in-fill of
urban land which does not support fish or siqnificant
w~ldlife.
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S. The design of the subdivision or the type of illlprovement
will not cause serious public health problems in that the
proposed development complies with the provisions ot the
Zoning Ordinance and General Plan.
The desiqn ot the subdivision or the type of 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
6.
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1. The proposed u.. 1. ona conditionally peraitted within the
subject district and compli.. with all of the applicable
provisions of the "City of Santa Monica comprehensive Land
Use and Zonin9 Ordinance", in ~hat the propo.ed condomini-
um conforms to the Zoning Ordinance and the General Plan.
2.
The proposed use would not impair the
character of the district in which it i. to
or located, in that it would be locatad in
residential district.
integrity and
be e.tablished
a mUlti-family
3. The sub: ~t parcel is physically suitable tor the type ot
land ust. being proposed, in that the proposed project
meets the density standards for 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, ~n that the existing structure would be
demolished.
5. The proposed use would be compatible W:lth existing and
permisslble land uses wlthln the dlstrlct and the general
area In which the proposed use is to be located, ~n that
the area is a mix of single-family and multi-family
residential units.
6. There are adequate provisions for water, sanitation, and
publlC 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 infrastructure.
Pub 1 io access to the proposed use will be adequate, in
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that the site is adequately served by existing streets and
alleys.
7.
.
8.
The physical location or placement of the use on the site
~s compatible wl.th and relates harmoniously to the sur-
rounding neighborhood, in that all setbacks, lot coverage
and hel.qht requirements for the R4 District and the North
of WilShire Moratorium have been met.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the area is de-
fl.ned as a Low Density Housing area by the Land Use Ele-
ment of the General Plan.
10.
.
11.
The proposed use would not be detrimental to the public
l.nterest, health, safety, 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.
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 ot the City ot santa Monica Comprehensive Land Use
and zoning Ordinance, in that no performance standard per-
mit would be required.
12. The propo.ed us. will not r..ul t in an overeonc.ntration
ot such us.. in the immediate vicinity, in that the area
is defined a. a mUlti-family residential district.
DEVELOPMENT REVIEW FINDINGS
1. The physical location, size, massing, and placement ot
proposed structures on the site and the location of pro-
posed uses within the project are compatible with and re~
lat. harmoniously to surrounding sit.. and neighborhoods,
in that the project complies with the property development
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standards adopted as part of the North ot wilshire
Moratorium.
2. The riqhts-ot-way can accommodate autos and pedestrians,
including parkinq and access, in that the !lite is ade-
quately served by existinq 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 infrastructure.
Anyon-site provision of housinq or parks and public open
space, which are part of the required project mitigation
measures required in Subchapter 5G of the City of Santa
Monica Comprehensive Land Use and Zoning ordinance, satis-
factorily meet the qoals of the mitigation proqram, in
that the project is not su!ject to the provisions of Sub-
chapter SG.
4.
.
The proj eet is generally consistent with the Municipal
Code and General Plan, in that it complies with the
development standards for the R4 Oistrict.
CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW CONDITIONS
This approval is for those plans dated October 2, 1990, a
copy ot which shall be maintained in the files of the
C1ty Planning Division. Project development shall be
consistent with such plans, except as otherwise specitied
in these conditions at approval.
The Plans shall comply with all other provisions of Chap-
ter 1, Article IX ot the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinance. and General
Plan policies ot the City of Santa Monica.
3. Final parking lot layout and specifications shall be sub-
ject to the review and approval ot the Parking and Traffic
Engin.er.
5.
Plans
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2.
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4. Minor amendment. to the plans shall b. .ubject to approval
by ~e Director of Planninq. A .ignificant chanqe in the
approved concept .hall be .ubject to Planning commis.ion
Review. Construction ahall be in conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Oirector of Planninq.
Architectural Re iew Board
5. The ARB - ~all 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 cons~deration of the project by the Architectural
Rev~ew Board, the applicant shall review disabled access
requirements with the Building and Safety Oivision and
make any necessary changes in the project des~qn to
achieve compliance with such requirements. The Architec-
tural Review Board, ~n its review, shall pay particular
attent~on to the aesthetic, landscap~ng, and setback ~m-
pacts of any ramps or other features necessitated by ac-
cessibility requ~rements.
7. Plans for f~nal design, landscaping, screening, trash en-
closures, and siqnaqe shall be subject to review and ap-
proval by the Architectural Review Board.
8. The existlnq 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 of the Planninq Division and the
Architectural Review Board~
9.
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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; exterlor colors, textures and materials; window
treatment; glazing1 and landscaping.
10. Landscapinq plans shall comply with Sul:lchapter 5B
(Landscaping standards) of the zoninq ordinance including
use of water-conserving landscaping materials, landscape
ma1ntenance and other standards contained in the
Subchapter.
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.
No gas or electric meter. shall b. located within the re-
quired front yard setback area. The Architectural Review
Board in its review shall pay particular attention to the
location and screening ot 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.
11.
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12.
Fees
14. The City is contemplating the adoption of a Transportation
Management Plan which 1s intended to mitigate traffic and
air quality impact. resulting from both new and eXisting
development. The Plan will likely include an ordinance
establishing mitigation requirement., including one-time
payment of tee. on certain types ot new development, and
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annual tees to be paid by certain types ot employers in
the City. This ordinance may require that t.he owner of
the proposed proj ect pay such new development tees, and
that employers within the project pay such new annual em-
ployer fees related to the city I 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 buildinq permit for the construction or re-
placement of the residential unit(s) on the subject lot,
per and subject to the provisions ot Section 6670 et seq.
of the Santa Monica Municipal Code.
construction
16. During construction, a security tence, the height ot which
shall be the maximum permitted by the Zoning Ordinance,
shall be maintained around4the perimeter of the lot. The
lot shall be kept clear ot all trash, weeds, etc.
Unless otherwise approved by the Department ot General
Services, all aidewalks shall be kept clear and pas.able
during the grading and construction phase of the project.
11.
18. Sidewalks, cures, gutters, paving and driveways which need
replacing or removal as a result ot the project as dete~-
mined by the Department. of General Service. ahall be re-
constructed to the satisfaction ot the Oepartment of
General services. Approval for this work ahall be ob-
tained from the Department of General service. prior to
issuance of the building permits.
19. Vehicles hauling dirt or other construction d.ebris trom
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
Street tree. shall be maintained, relocated or provided as
required in a manner consistent with t.he Cityt. Tree Code
(Ord. 1242 CCS), per the specitications of the Department
ot Recreation and Parks and the Department ot General Ser-
vices. No stre.t tree shall be removed without the ap-
proval ot the Department of Recreation and Parks.
21. A eonstruction period mitigation plan shall b. prepared by
the applicant tor approval by the Department of General
servic.. prior to isauanc. of a buildinq permit. Aa ap-
plicabl., this plan shall 1) Specify the name., addr.....,
telephone nUlIIh.ra and busin..s licen.e nu~~er. ot all con-
tractors and subcontractors as well a. the developer and
architect~ 2) Describ. how demolition of any existing
structure. is ~o be accomplished: 3) Indicate where any
crane. are to be located for erection/construction: 4)
DescriDe how much of the public street, all.yway, or side-
walk is proposed to b. used in conjunction with con.truc-
tion; ~) Set forth the extent and nature ot any pile-
20.
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22.
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drivLng operations: 6} Describe the length and nnmker of
any tiebacks which must extend under the property of other
persons; 7) Specify the nature and extent of any dewater-
inq and its effect on any adjacent bu~ld~ngs: 8) Descr~be
anticipated contructlon-related tr.lck 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 normal-
ly permltted hours is proposed: 11) Describe any proposed
construction noise mitigation measures; 12) Describe con-
struction-period securlty measures includ~ng any fenclnq,
lightlng, and security personnel: 13) Provide a drainage
plan: 14) provide a construction-period parking plan
WhlCh shall minimize use ot public streets for parking;
15) List a designated on-site construction manager.
A slgn shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
ldentlfy the address and p~one number ot the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction period. Said siqn
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.
EnVlronmental Mitigation
24. Ultra-law flow plu~_binq fixtures are required on all new
development and remOdeling where plum~inq is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
Prior to issuance of a Certiticate ot Occupancy, project
owner shall pr..ent documentation to the General Services
Department eertitying 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 l..s) such that development of the new project will
not result in a net increa.. in wastewater flows. Flow
from exiatinq occupancies which will be removed as part
ot the new development may be deducted from tlow at-
tributable to the new development if such occupancies have
been occupied within one year prior to issuance ot a.
Building Permit tor the proposed project. Alternatively,
proj eet owner )Day provide a paym.n~ ~o ~. General Ser-
vices Department in an amount specified by General Ser-
vices in lieu ot the installation requirement, which tunds
shall be used by the City for the exclusive purpose ot
achieving compliance with thi. condition by ratrofittinq
.
25.
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exist1nq occupancies. Flow calculations tor new d~velop-
ment and existing occupancies snall be consistar with
guidelines developed by the General Service. Depar~ ent.
M~scellaneous CUP Conditions
26. The buildinq address shall be painted on the root ot the
building and shall measure four feet by eight feet (J 2
square feet).
27.
28.
If any archaeoloqical remains are uncovered durinq
excavation or construction, work in the affected area
shall be suspended and a recognized specialist shall be
contacted to conduct a survey ot the affected area at
project's owner's expense. A determination shall then be
made by the Director of Planning' to determine the s iq-
nificance of the survey findinqs and appropriate actions
and requirements, if any, to address such findinqs.
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street and/or alley lighting shall be provided on public
r1ghts of way adjacent to the project if and as needed per
the specifications and with the approval ot the Department
of General services.
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29. Any lofts or mezzanines shall not exceed 99 square teet
unless appropriate required parkinq is supplied. Such
areas shall also not exceed 33.3t of the room below unless
compliance with the district's limits on number of stories
can be maintained.
Validity of Permits
30. The Conditional Use Permit and Oevelopment Review shall be
of no further tore. or etfect it the Tentative Map ex-
pires prior to approval ot a Final Map for said tract.
31.
In the event permittee violate. or tails to comply with
any condition. ot approval ot this permit, no further per-
mits, licen..., approvals or c.rtificates of occupancy
shall b. i.sued until such violation haa be.n tully
remedied.
.
32. Within ten day. of Planninq Division transmittal of the
Stat..ent ot otticial Action, project applicant .hall
sign and r.turn a copy of the Statement ot Official Action
prepared by the Planninq Division, aqr.eing to the Condi-
tions ot approval and acknowledqinq that tailure to eomply
with such conditions shall constitute ground. tor potan-
tial revocation of the permit approval. By signing sam.,
applicant .hall not thereby waive any 1.qa1 riqhta appli-
cant may po..... regarding said conditions. The .iqned
Statement shall be returned to the Planning Division.
Failure to comply with this condition shall con.titute
grounds for potential permit revocation.
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33. Th1S determination shall not become etfective tor a period
of fourteen days from the date of determination, or, if
appealed, until a final determination is made on the ap-
peal. Any appeal must be made 1n the form required by the
Zoning Administrator.
I~CLUSIONAR~ UNIT CONDITIONS
34.
The developer shall covenant and agoree with the City of
Santa Mon~ca 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 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 ot the (HUD)
Los Angeles County median ~ncome, expending not over 30\
of monthly income on housing costa, as specified by the
Housing Division of the Department ot 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 tor ma~inq the
unites) available to eligible tenants and 2) responsibil~-
ties of the City of santa Monica to prepare application
forma 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 ot the City of Santa Monica ("Proqram
12") . Developer may satisfy the obliqations created by
this Agreement by demonstratinq to the Director of Plan-
ning compliance with Ordinance 1448 (CCS), which provides
implementation standards for proqram 12.
TENTATIVE TRACT MAP CONDITIONS
1. All otf ait. improvements required by the city En9ineer
shall b. installed. Plans and specifications for oft site
improvements shall b. prepared by a re;istered civil en-
gineer and approved by the City Engineer.
2. Before the City Enqineer may approve the tinal map, a sub-
division improvement agreement tor all oft site improve-
ments required by the City Engineer shall b. prepared and
a pertormance bond posted through the City Attorneyts
office.
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3. The tentative Map shall expire 24 months aftar approval,
except as provided in the provisions ot California Govern-
ment Coda Section 66452.6 and Sections 9380-9382 ot the
santa Monica Municipal Code. OUrinq this time period the
final map shall ~e presented to the City ot Santa Monica
for approval.
4. ~he developer shall provide the Engineering Department of
the city of Santa Monica with one Oizal Cloth print
reproduction and microfilm of each sheet of the final map
after recordation.
6.
5. Prior to approval of the final map, condominium Associa-
tion By-Laws (it applicable) and a Oeclaration of CC & Rls
shall be reviewed and approved by the City Attorney. The
ec & R I s shall contain a non-discrimination clause as
presented in Section 9392 (SMMC) and in the case of con-
dom~niums, contain such provisions as are required by sac-
t~on 9l22E (SMMC). 4
The developer shall provide for payment of a Condominium
Tax of $1,000 per saleable residential unit per the provi-
s~ons of Section 6651 et seq. of the Santa Monica
Municipal Code.
.
7. The form, contents, acco~panyinq data, and filinq 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 tiling fee shall be paid
prior to schedulinq ot the Final Map tor City Council
approval.
8. The form, contents, accompanyinq data, and filing of the
final parcel map shall conform to the provisions of Sec-
tions 9350 through 9357 (SMHC) and the Subdivision Map
Act.
9.
The final map shall be recorded with the Los Anqel.. Coun-
ty Recorder prior to i.auance ot any building permit for a
condominium. project pursuant to Government Code Section
66499.30.
.
10. Purauant to Section 9366 (SMMC), if the subdivider or any
intere.ted person diaagr.e. with any action by the
planning Commiaaion with r.spect to the tentative map, an
appeal or complaint may be tiled in writing with the City
Clerk. No appeal or complaint may be tiled atter a ten
day period from the Commission's decision on the tentative
map.
Prepared by: David Martin, Associate Planner
Attachments: A. Municipal Code and General Plan Conformance
B. Radius and Location Map
C. Statistical Information Sheet
D. summary of CC , R t S
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.
.
::lM
PC/C':;P9026a
10/10/90
E. North of Wilshire Moratorium
F. Vest~nq Tentative Tract Map 46656
G. Plot Plan, Floor Plans and Elevations
4
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Land Use
cateqory Munic1pal Code Element
Permitted ~se 1 Unit/900 Same
sq. ft.- 42 du
Hel.qht
Setbacks
Front yard
Sl.deyard
Rearyard
Lot coverage
Parking
priv. open
Space
Landscapinq
Project
16 Units
4 stories/45, Same
for a pitched
roof, 4 Stories/40'
for a flat roof
4 Stories/ 40'
20'
..
20.5'
25'
28.4'
15 I
38'
50%
47.5%
39 spaces
plus J Guest spaces
100 sq. ft. per unit
47 Spaces
260 sq. ft. per
unit
50% of front yard
96% of front yard
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lEGALOESCAIPTION~ ~"';O;P.~ ~L.oC&' ~~
"'!1JWlJ e. ~AN'f'A ~~td\
CASE NO
ZONE R~
STR~ET A(lOR"'''';
D.A TE
APPLICANT S4KAKUR.A CD.
'Ltel't'"'-
HE.AllltlG
DATE
RADIUS MAP FOR
PUI,NNING DEPARfMENT
City of
Santa Monica
CALIFORNIA
Rr..r.l'C.
.A1l11 r...'1u
Sn,.rNO
4
RfO,I.red
RadiUS
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---
~~,- \17
SAKAKCRA AMERICA I~C.
C.Li.P. # 90-026
~TRATISTICAL INFORMATION SHEET
A. 01. TOTAL NUMBER OF UNIT #16
02. UNIT TYPE "A" 2,869.00 SQ. FT. "X" #02 UNITS = 5,738.00 SQ. FT.
.
03.
UNIT TYPE "B" 3,248.00 SQ. FT. "X" #14 UNITS = 45,472.00 SQ.
FT.
TOTAL AREA FOR UNIT "A" & "B"
= 51~210.00 SQ. FT.
B. LOT AREA
249.08' "X" 150.26'
= 37~531.~S SQ. FT.
C. PERCENTAGE OF LOT COVERED BY BUILDING
47.50 %
D. PERCENTAGE OF LOT COVERED BY LANDSCAPING
3ij.50 X
E. SELLI~G PRICE OF EACH UNIT.
01. UNIT TYPE "A" S2.500,OOO.00 "X" #02 =
$ 5,000.000.00
.
02. UNIT TYPE "S" S3.0QQ,OOO.00 "X" #14 =
S 4,200,000.00
TOTAL SELLING PRICE OF UNIT "A" & "B"
=
$47.000.000.00
951 OCEAN AVENUE, SANTA MONICA, CA 90402
~M"&tr c....
Cltv ct
Santa Monica
COIIImUl1ll' i1"Cl EconomIC :;"'4ICl~'''' Decu.mlfll
PlanntnG ilK! ZanIllQ OIViIIaII
;2'31 -sa ~~
T~.AC7 NO
AOOr:l.ESS
.:...
RESUME
(/hIS SI'10/J!Ij b8 a brr.f sut1lmaty no! an JII(lf.r to m. C!JfI"C1e'9 Sfll
CONDOMINIUM AAncLES OF lNCORPORA nON
8Y\.AW$ AND eClR,
Type 01 Organ1zatJon
~=1-~r~:_~ ~~~~al Be-e:4~ :o~~ora~~o~
2 Memoel$nl~
;.. concc~~p~~ hc~eowners
3 Mel':cerstuc T enTlIr.ahOIl
.
'31:_=e ~o ~ay =~es. sa:e 0: ~~~~
" V O:lNjl Rlgn:s
One vo~e per ~opdo-~rl~r ~~~~
5 Management
5 person Board 0: ~~rectOrs
Chlef ~~nanc~al ctf~cer
?res :''::@l''''J.t, ~ :'.=e- P:es_cent. ~ Sec~e :.a:o',,' ,
S P':l:ec: Lif,
?ro~ected l~fe ~ni~-~:ed
7 Effectlvl"!' Tel"Tl 01 and Amendments :0 CC&RS
AMen~ents or by -a~Crlty vo:e
8 M31nttnanc:e PtOVlSlons
a Un::s 3y ea::r ~l'dlVl=!Jal .mlt o.......er
b Common "'.. By Homeo..ft1ers A.ssoc :.at 10['
.
9 Oamage. R~ or Itl8t1dOnmentproVlSlQnS By :.nsurance or::lceeds or spec ~a 1 asse ss-e~
of the owners, the ASSOCiatlon 15 req~~=ed :0 re~a1r ca~aoeG
common areas
1 0 Oescnpoon aIICl ownel'$Il1p Of COIldOltllnlum UnllS
unles ranqlnq In Slze frc~
~eClan Slze be~nc ),2~8 sc
1 t ~on. awn.r31llP a/'Id IiSI Of cammon arias
OwnershIp of the ~o~on areas shall ~e C 2/3 ~~dlJld~~ -~~~C3:~:
each o~ ~he ~nlt owners a~d c~~o~ 1rcas _sace S~d.: ~~ ~ ~__~=:;
~o all ~nlt oW~ers a~d ~helr q~es~s_
:t l5 ~~o~cse~ ~o co~str~c~ ~5 ==r~=~:-_
2.869 S~ :t ~o 6,~:6 Ie ~t. ~_:~ ~-~
:t. Owrers'~= snaIl ~e ~,l' a~e
\2. PaIV9 SPIC' AssiQl1mtnt
42 oarklng sca~es,
U~le owners
13 R-.ctJons
Whl:h shall be ,~,bered a~d ~ss~~,;~ to
".:-~
a. Owners Fi~egat StIlus 'lone
b use "eSlcentlcll
c AIry AISlJ1CDOnS 011 Ag' Of ~ ',0
d Pili ~o
~
fir_laDy
TIlIt
-I"O'!'f1Y :::
.'\!1~: 5
J--U
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Dat
:I. -( r-.,O
----
~~~D
CA:~\fii: t l566jhpc
cley COU~Cl! M..elnq 12-12-89
Santa Monlca, callfornla
ORDINANCE NUMBER :3:-
(Clty Councll SerleS)
~~ ORDINANCE or THE CITY COUNCIL or THE
c!!Y or SANTA MONICA EXTENDING THE MORATORIL~
ON RESIDENTIAL DEVELOPMENT IN THE AREA BOUNDED
BY OCEAN AVENUE, MONTANA AVENUE, THE EAST
SIDE OF 14TH STREET AND WILSHIRE BOULEVARO FOR
TEN MONTHS IN ORDER TO ALLOW FOR PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT THAT EVALUATES RE-ZONING
or -:OHE AREA AND FOR ADOPTION OF CONTROLS ON TIMING OF
CONSTRUCTION OF DEVELOPMENT ~OJEC'I'S APPROVED IN THE AREA
AND DECLARING THE PRtsENCE OF AN EMERGENCY
THE CITY COL~CIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
.
FOLLOWS:
SECTION 1. r indinqs and Purpose. The C1 ty Council finds
and declares:
(a) A siqniticant level of development actlvity has
occ~rred between ~anuary 1987 and March 1989 in the area bounded
by Ocean Avenue on tha we.t, by Montana Avenue on the north
(lncludinq the R-3 and R-4 zoned property on the north side ot
Montana Avenue), by 14th Stre.t on the ea.t (includinq the R-3 .
zoned property on th. .a.t .id. of 14th Street), and by WilShire
Boulevard 01'1 th. .out.h (h.reinatt.r reterred to .s the
"moratoriua ar.a-).
(b) Mora than twenty-on. (21) re.ident.ial develop.ent
projects that will re.ult in the con.truction at 269 new
r..1dential units in the morat.orium ar.. have b..n approved
between January 1987 and March 1989. Thi. "''''''''''.r of projects and
"
,
- 1 -
A..~M~ E...
un~ts lS s~qn~!lcant when compared wlth the development actlvlty
1n ~he tWO prevlous two-year perlods in the 1Il0ratorlUlIl area.
Durlnq the period from January 1985 throuqh December 1986, only
four (4) resident1a1 development proJects, which resulted In ~he
constructlon of slxt.en (16) new residentlal Unlts, were approved
1" t:,.e moratcr 1 um ar.a. Durlnq the period from January 19 B J
throuqh OecemDer 1984, only tive (5) residential development
pro) acts I WhlCh resulted in the construction ot seventy-seven
(7i) un4ts, were approved in the mora~oriua area.
(c) Whlle the City's Laid Use and circulation Element,
adopted on October 23, 1983, ld.ntitle. a .~andard of 48 dwelllnq
~ unlts per net resldent1al acre for hiqh density re.idential areas
1ft the City, ehe development activity that has occurred between
January 1987 and March 1989 has re.ulte4 in 49.4 dwelling units
per acre 1n the R-4 portlon ot the moratorium area.
~
(d) While the city's Land U.e and Circulation Element
ld.ntlti.s a standard ot 35 c1wellinq units par net re.identlal
acre tor medlum density residential are.s, development actlvl~Y
that has occurred between 3anuary 1987 and March 1989 has
r.sulted in 40.9 dwellin9 uni~. par acre in the R-3 portion ot
the mora~or1um are..
(e) A n\Dber of exi.ting properties in the moratorium
area are Qftderdeveloped in relation to the City'. exi.tinq
allowable height and density li.it.. Thi. i. significant in ~hat
the redevelopaent of th... currently underdeveloped properties at
qr.ater height and. den.iti.. could r..ult in the 10.. of views
and light and could. po.e a threat to the existing character of
~he neighborhood.
.. 2 -
( !)
5 19nJ.! J.cant parklnq d.er lC1.enC 1.. .X1..1:
In
the
morator1um are. and lncr....d development 1. lJ.kely to ex.cerbate
an already unacceptable level ot park1nq problems.
(g) Ther. 15 cont1nulnq and lnereaslnq concern reqard1ng
the capacJ. ty ot the eXlstlnq 1nfrastructure 1n the morator.:.:..:m
area to suppo~~ lncreases 1n d.n5it1e5.
(h) There 1. contlMu1nq ana lncr.aSlnq communlty concern
that an lncreaslnq number of applications are and w1.11 contlnue
to be flled for development projects wlthin the moratorlum area.
e i) The amount of construction activity ta)unq place 1M
$
the moratcrlum ar.. causes siqnifieant dlsruption and nOlse
prOblems for the resldents of the are..
.
(J)
'the
lncrease
ln
development
activity
in
the
mcratorJ.um are. poses a threat to the public health, satety and
welfare of the reslaents.
(k) In light ot the above-mentioned concerns, the Cl.ty
Councll adopted Ordinance Number 1478 (CCS) on May 9, 1989, which
ord1nance estaell.hed a 45 day moratorlUM and adopted Ordinance
Number 1484 (eeS) on June 13, 1989, extending the moratorium for
Sl.X months.
.
(1) During the past six month., the City'. Planning
Olvision convene4 a ta.k force compo.ed of re.idents and property
owner. 1n ~. .or.~oriua are. to p.rticipate in discussions about
solution. ~o ~. above-mentioned conc.me.
<ml On November 21, 1989, the Planninq Diviaion pre.ented
a
.taff
report.
to
the
City Council
conta1ninq
.tart
recommendation. and reco..endation. of the ta.k force. Following
the staff report, the City Council directed that the .oratorium
- 3 -
l
be extended In order to allow the statt to ~repar. an
envlronmental ~mpac~ report to evaluate propoaea re-zon1nq of the
area and tor preparatlQn of an ordinance qovernlnq the rate and
tlmlnq of construction projects 1n the are..
(n) PendJ.nq posslble re-zonlnq of the area, adoptlon of
~odLfled deve:opment standards, and controls on tlmlng of
constructlon of approved development pro,ects in the area, It ~s
necessary to extend the lnterim control meaaure establlshed by
ordlnance Number 1484 (CCS) in order to pr...rve the eX1stlnq
character of the moratorlum area and prevent any further
~
agqravatlon of the parklnq and other lnfraatructure limltations.
.
SECTION 2. Moratorlum.
(a) Subject to the exemptions .et forth 1n Section 3 of
thlS Ordinance, a moratorium lS here~y placed on the acceptance
for processlnq at any applications tor approval of tentatlve
tract maps, tentative parcel map., administrative approvals,
development review permits, conditional use permits, or any other
Clty permlts tor the .rectlon, construction, demolition, movlnq,
converSlon of, and excavation and qrad~nq for, any resldentlal
.
bu~ldlnq or structure,
includinq any hotel or motel, on
propertl.. zoned R-J or R-4 in the moratorium area.
(b) Subject ~o the exemptions .et forth in Section 3 of
thlS Ordinance, the Planning Commis.ion and City starf are hereby
directed to disapprove all applications tiled after April 28,
1989, for approval of tentative tract map., tentative parcel
map., administrative approval., development review pe~it.,
conditional use peralta, or any other City peralts for the
- 4 -
i-
erectlon, constr\.:ctlon, delllol1.1:J.On, ~ovlnq, conv.rslon of, and
.XC.....el0n and qra<1J.nq for, an r..id..nt.llt.l buildlnq or
structura, includinq any hotel or m~~el, on prop.rtl.. zoned R-J
or R-4 in the mcratorlum area.
SECTION J. Exemptlons.
The tollovinq applicatlons are
exempt from tne provlSlons ot Sectlon 2 ot thlS Ordinance:
(a) Appl1catlons tor approval of permits lnvolvinq the
erectlon, canstruct1on. enlargemant, de.alielon at a 51ng1e
!amlly dwell1nq, or ~ovinq of, and axcavaeion and qrading tor any
51nq1e !amlly dwelling.
J
(b) Appllcaticns ter approval of permits involvinq the .
erectlon, constructlon, enlargement, demolition, or moving ot,
and excavation and grading tor any multiple dwelling development
intended tor rental h01JSlnq for person. of low and mod.rate
income or tor senior citizens, and which d.v.lopm.nt is tinanced
by any ted.ral, stat. or City housin9 a..istane. program or owned
~y any non-protit orqanization, provided the Dir.ctor ot Planninq
determines that such d.v.lopment is in conformanc. with the
General Plan and the Zoning Ordinance
restriction is recorded r.stricting the
and provid.d a
develop.ent to
de.d
such
.
purpose.
ec) Applica~ion. tor approval ot per1lits involving the
rehabili~~lon or enlarq...nt ot existing dwellinq units.
(d) Appl1c.~ions tor proj.cts d....d co.pl.~. on or
~.tor. April 28, 19'9. An app11ca~ion ahall be d....d complete
ter purpos.. of this Ordinance within rift..n (15) lSaya tor
su})d1vision map. and parcel map., and thirty (30) day. tor all
- 5 -
other p.rlll1 ts,
atter the
Planninq Dlvlslon
recel ves a
substantlally complete applicatlon toqether w1th all informatlon,
reports, dravinq., plan., t111nq te.., and any other lIlaeerlals
and documents requlred by the appropriate applicatlon torms
s~pplled by the Clty. If, wlthln the sp.cltied tlm. period, the
Plannlng Dlv1510n talls to advl.e the applicant in writlnq that
h~s or her appllcatlon 15 incomplete and to Spec1!y all
addltlonal lnformatlon requlred to complete that applieatlon, the
appllcatlon shall
automatlcally be deemed complete.
An
appl:;.catlon
18
"substantlall~ complete"
it
the
misslnq
lntormatlon is supplied w1thin two (2) workin; days ot the City'.
.
request.
(e)
Applications tor approval ot permits involving the
erection, construction, enlarqem4lnt, demol i tion, or moving ot,
and excavation and qrad1nq tor, projects which have been granted
development permits by the Plannlnq Commis.ion or Planning
Olv1sion prlor to April 28, 1989.
(f) Applications tor approval ot permits involving the
construction and excavation and grading tor, projects where the
. tollowin9 require.ent. are met.
(1) The applicant owned the property or had entered
into e.craw tor purcha.e ot the property on or betore Kay 9,
1989.
(2)
..
No .tructur.. were on the property on May 9,
1989.
(3) It lecated in the R-3 District, the application
meet. the tolloving develop.ent standard.:
- 6 -
(J.) Ma:ulIIum. SUJ.ld1.nq H.19l'1~. Thr.. S~Qrl.s.
noe eo exceed J5 t..~ for a flat root, or 40 t.et tor a pltehed
roof. A pitched roof 1S detlned as a root Wloth a~ least 1:.0
51-des havlng no less than one foot of v_rtlcal rlse for every
three feet ot hor~zontal run. The walls of the building may not
exceed the ~aXlmum he1qht requ1red tor a flat root.
(11) MaXlmu~ ~nlt Oenslty. One dwelllnq un1t
for each 1250 square feet of parcel area.
No more than one
~~elllng unlt shall be permltted on a parc.l of less than 4,000
square feet If a slngle famlly dwelllnq existed on the parcel on
~
the ef!ectlve date of thlS Chapter.
(ill) Max1mum Pareel Coveraqe. 50 percent. ~
(lV)
M1nimum Lot Size.
5,000 square feet.
Each parcel Shall conta1n a minimum depth ot 100 teet and a
1II1n1::U1II WIdth of 50 teet, except that parcels exist1.ng on the
effectlve date of thls Chapter are not subJect to th15
requlrement.
(v) Front Yard Set~ack. 20 teet, or as shown
on the Official Oistrictinq Map, whichever is qreater. However,
25' ot the front elevation up to 14 teet 1n height shall be set ~
back. an ac1dltional averag. ot ! t..t and 30' of the trcnt
el.vation above 14 t.et in height shall be .et back an ad411:10n.1
avera9. ot 10 t..~ froa the required front yard .etback.
(vi) Rear Yard Setback. 15 f..t.
(vii)
Side Yard Setback.
The siele yard
..ttlack shall be det.rained in accordance wi'th the fOllowing
formula, except tor lots of le.. than 50 teet in width tor which
- 1 -
.
the slde yard shall be lOt ot ~h. parcel wldth but not less than
4 f.. t :
5' + (storl.. x lot wldth)
50'
For any port1on of the s~~uc~ure betw.en 14 teet and 28 feet 1n
helght. an adc!l':lonal 4 foot averaqe setback 15 requlred. For
any portlon ot the structure between 29 teet and 38 t.et, an
add-ltlonal 8 toot averaqe setDack trom the mlnl!DUm sld.. yard
setbacK 1$ requIred.
(vlilJ Landsc:apinq. A ml.nlmUm of 50' of the
requlred front yard setback sha!l be landscaped. A minilllWll of
sot ot both requlred sld.e yard setbacks shall be landscaped. At
. least two. 24" box tre.. shall be planted in the front yard..
(ix) Private Open Space. For projects of 4 or
5 unlts. 150 square feet of private open space per unit shall p.
requl.red. For projects ot 6 units or lIlore, 100 square teet of
prlvate open space per unlt shall be required.
(x) oevelopment Review. A Development ReVIew
Permlt is required for any development ot more than 22,500 square
f.et of floor area.
.
(4) It located in the R-4 Oistrict, th. application
me.ts the followin9 develop.ent standards:
(i)
Maxi.WI 8ui,ldinq Heiqht.
Four stori..,
not to exceed 40 f..~ for a flat roof, or .5 feet tor a pitched
root. A pitched roof 1s detined a. a root with at lea.t two
side. havinq no le.. than one toot ot v.rtical ri.. tor every
thr.. t.et ot horizontal run. The walls of the buildinq .ay not
.xce.d the ..xima. height required tor a flat root.
- 8 -
..
(1.1.) Max1.mum Unl~ Denslty. One dwell1.nq ~nlt
for each 900 square f.et Q f pareel a.rea.
No more t~ ~n one
dwelllnq unit shall b. p.rmlt~.d on a ?arcel or less ~han 4,000
square te.t It a slnqle ~am1.1y dwell1.nq .Xlsted on the parcel on
~he etfsetlve date of thlS Chapter.
(111) Maxlmum Parcel Coveraqe. 50 percent.
(lv)
Mll'UmUm t.ot Size.
5,000 square teet.
Each parcel shall contaln a mlnlmum depth ot 100 teet and a
:',~l'n~'J.m wldth of so re.f:, except that parcels eX1.stlnq on the
e~fect~ve date of thlS Chapter are not sUDJect to ehls
"
"
requl.rement.
(V) Front Yar~ Setback. 20 te.t, or as shown ~
on ~he Ott1clal Oistrict1nq Map, whichever is greater. However,
25' of the front alevatlon up to 14 t.et in he1qht shall b. .et
back an addlt1.0nal average ot 5 fe.t and 30' ot the tront
elevation above 14 teet 1n height shall be set back an a4ditlonal
average ot 10 t.et from the required front yard setback.
(vi) Rear Yard Setback. 15 teet.
(vii)
Side Yard Setback.
The 51-d.e yard
setback shall be determined in accordance with the tollow1nq
fo~ula, except for lots of less than 50 te.t in width tor which
the side yard shall be lot of the parcel width but not 1e.. than
4 teet:
~
51 + ,.torie. x lot width)
50'
For any portion ot the structure between 14 teet and 28 feet in
helqht, an addi tianal 4 foot average setback is required. For
any portion of the .tructure between 29 te.t and 38 teat, an
- 9 -
p
add.l tlonal 8 !oot: averaqe .etback troll the DlHI1.mUm S lde yard
s.tback 15 requ1red.
(Vlll) Landscapinq. A min11lloum of 50\ of t.h.
requlred tront yard setback shall be landscaped. It minltllUm. of
50' of both requlred slde yard setbacks shall be landscaped. At
least two 24" box trees shall be planted in the front yard.
.
(lX) Prlvate Open Space. For proJects ot 4 or
5 unlt5, 150 square t.et ot prlvate open space per unlt shall be
requlred. For proJects ot 6 units or more, 100 square teet of
prlvate open space per unlt shall be required.
i
(x) Development Review. A Oevelopment ReVlew
Permlt lS requlred for any development ot more than 25,000 square
feet ot tloor area.
SECTION 4. thlS Ordinance shall be ot no further toree and
efteet ten months from its adoption, unless prior to that dat.,
after a publlC hearinq, noticed pursuant to Sectlon 9131.5 of the
Santa Monica Munlclpal Code, the City Council, by majority yote,
extends the interim ordinance as provided by Section 9120.6 ot
~he Santa Monica Municipal Code.
.
SEC'I'ION 5. This ordinance 1s declared to be an urqency
measure adop~.d pursuant to the provision. ot Section 9120.6 of
the Santa JIon1ca Municipal Code and Section 615 o~ the Sant.a
Monica Ci~y Charter. It is n.c....ry tor pre..rvinq the PUblic
p.ace, health and safety, and the urg.ncy for its adoption i. ..t
forth in the findinqa above.
- 10 -
SECTION 5_
Any proVlslon of the Santa Mon1ca Mun.lC:lpal
cod. or append1.c.. thereto lnconslstent with the prClv lS1.0n5 ot
th l5 Ordinane., ee> the ext.nt of such lnCClns lstenCles and no
f~r~her. are nereby repealed or modlfled to that extent necessary
~~ af!ec~ the pr~vlslons of thlS Ordlnanc..
SECTION 7.
If any sectlon, subsection, sentenc., cla~se.
C~ phrase of thlS Ordlnance l5 for any reason held to be lnvalld
or unconstltutlonal by a declsion of any court of any competent
Jurlsdlctlon, such declsion shall not aftect the validity ot the
remalnlnq portlons of thlS Ordinane.. The Clty Councl1 hereby
declare. that It would have pas.ed this Ordinance, and .ach and ~
every .ectlCln, SUDs.ctlon, sene.nc., claus., or phra.e not
declared lnvalid or unconstltutional without regareS to whether
-
any portlon ot the Ordlnance would be subsequently declar.d
lnvalld or unconstltutlonal.
SECTION 8. The Mayor shall .iqn and the City Clerk shall
attest to the pas.aqe of this Ordinance. The City Clerk shall
cause the same to b. pu):)lished onee in the official newspaper
wlthln 15 day. attar ita adoption. Thi. Ordinance .hall become
e!tectlve upon adoption.
~
APPROVED U 'ro FOM:
II\, -.._ ,. L- J---__
,...,."....,. ...... . or 9' ~ ~7" _
ROBERT M. MYERS U
City Attorney
- 11 -
CA:RMM:l1566/hpc
City Cou~cil 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 CO~TROLS 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. F indinqs and Purpose. The Ci ty 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
"moratorium. area").
(b) Hore 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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units is signiflcant when compared with the development activity
in 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
proj ects, 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.
(d) While the City's Land Us. and Circulation Element
identifies a standard of 35 dwellinC) units per net residential
acre for medium density residential areas, development actlvity
that has occurred between January 1987 and March 1989 has
resulted in 40.9 dwellinq units per acre in the R-) portion of
the moratorium area.
Ce) A nU1l1her 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 deficiencies exist in the
moratorium area and increased development is likely to exacerbate
an already unacceptable level of 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 of 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 of the area.
(j) The increase in development activity in the
moratorium area poses a threat to the public health, safety and
welfare of the residents.
(k) In light of the above-mentioned concerns, the City
Council adopted Ordinance Numher 1478 (CCS) on May 9, 1989, which
ordinance established a 45 day moratorium and adopted Ordinance
Number 1484 (CeS) on June 13, 1989, extending the moratorium for
six months.
(1) During the past six months, the City'S Planning
Oivision convened a task toree 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 staff report to the city Council containing ataff
recommendations and recommendations of the ~ask force. Following
the staff report, the City Council directed that the moratorium
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be extended ~n 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 ot construction projects in the area.
(n) Pending possible re-zoninq 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 ~nter im control measure estal:ll ished by
Ordinance Number 1484 (CCS) 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 tor the 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.
(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,
condi tional use permits, or any other Ci ty 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-J
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 titteen (15) days for
subdivision maps and parcel maps, and thirty (30) day. for all
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other permits, after the Planning Division receives a
substantially complete application together with all information,
reports, drawings, plans, tiling 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 "substant1ally complete" if the missing
information is supplied within two (2) working days of the City's ~
request.
(e) Appl ications for approval of permits invol vinq the
erection, construction, enlargement, demolition, or moving of,
and excavation and grading for, projects which have been granted
development permits by the Planninq Commission or Planning
oiv1sion prior to April 28, 1989.
(f) Applications for approval of permits involving the
construction and excavation and grading for, projects where the ~
following requirements 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) If located in the R-3 Dis~rict, the application
meets the following development standards:
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.
.
(i) Maximum Buildinq 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 a 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 max~mum height required for a flat roof.
(ii) Maximum Un1t Density. One dwelling un1t
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 ~f 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
m~nimum width of 50 teet, 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 Districtinq 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 30t of the front
elevation above 14 f.et in height shall be set back an additional
average of 10 f.et from the required front yard setback.
(vi) Rear Yard S.tba~k. 15 feet.
(vii) Side Yard Setback. The side yard
setback shall be determined in accorclance with the following
formula, except for lots of lesa than 50 feet in width for 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)
so'
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 2411 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) It located in the R-4 District, the application
meets the following development standards:
(1)
Maximum Building Heiqht.
Four stories,
not to exceed 40 teet tor a flat root, or 45 teet tor a pitched
root. A pitched roof is defined as a roof with at least two
sides having no less than one foot of vertical rise for every
three feet of horizontal run. ~he walls of the buildin9 may not
exceed the ~aximum 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 Coverage. 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 Districtinq 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 above 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 tor lots of less than 50 feet in width tor which
the side yard shall be lot 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 ot the structure between 29 feet and 38 teet, an
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add1.tional 8 foot average setback froll the minimum. side ya.rd
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
J
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.
ex) 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 ot the Santa
Monica City Charter. It ia nece..ary for pre.ervinq the public
peace, health and satety, and the urqency for ita adoption is set
forth in the findings above.
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