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SR-091394-7A PCD:SF:DKW:PM:f:\plan\share\council\strpt\cup93024 CounCll Mtg: September 13, 1994 Santa Monlca, Callfornla 7A SEP 1 3 1994 TO: Mayor and City Council FROM: City Staff SUBJECT: Appeal of Plannlng Commission Approval of Conditional Use Permlt 93-024 and Development Review 93-008. Address. 1206-18 Ocean Park Boulevard Appllcant and Appellant: Roberta Klein INTRODUCTION This report recommends that the Clty Councll modify the declsion of the Planning CommlSSlon wlth respect to the request for an extension of vested rlghts for the construction of a 20 unlt condoffilnlum bUlldlng and uphold the appllcantjappellantts request for a one year extenslon, thereby providing additional time to obtain a buildlng permlt. ThlS report further recommends that the City Councll uphold the Planning CommlSSlon's determlnatlon to approve a one year extenslon of Conditional Use Permit (CUP) 91-042 and Development Review (DR) 91-010. The appllcantjappellant has requested that the CUP and DR permits run concurrently wlth the vested rights of the tract map. On November 3, 1993, the Planning CommlSSlon voted 5 - 0 wlth one abstention to allow a one year tlme extension to obtain a building permlt. This decislon has been appealed by the appllcant. The appeal statement is contalned ln Attachment B. ThlS appeal was orlglnally scheduled for the June 14, 1994 Councll meeting and was wlthdrawn at the applicant's request. - 1 - SEP 1 3 1994 7A BACKGROUND The Plannlng Commission approved the or1glnal proJect under CUP 90-051, DR 90-008, and Vesting Tentative Tract Map 49861 on October 31, 1990, and subsequently amended the proj ect through CUP 91-042 and DR 91-010 on Aprll I, 1992. However, the expiration dates of the later Conditional Use Permit and Development ReVlew Permit are based on approval dates. Therefore, the CUP and proJect were due to exp1re on November 14, 1992, prior to the proJect expiration recorded the flnal map. the orlg~nal proJect DR for the approved 1992. On November 2, date, the applicant Pursuant to provisions of the Munlclpal Code, the applicant 1S entltled to the vested rlghts of the Final Map for an lnlt1al tlme perlod of one year from the date of recordation. The vested rights of the Flnal Map, together w1th the CUP and DR, would have expired on November I, 1993 Prior to that explratlon date, the appllcant filed CUP 93-042 and DR 93-008 requestlng a one year extension of the CUP and DR, and a one year extens10n of the vested r1ghts of the Flnal Map. On November 3, 1993, the Planning Commission approved the extensions w1th the condltion that the developer secure the bU1ldlng permit wlthln one year and comply wlth the Federal Americans wlth Dlsabilities Act and Tltle 24 requlrements. The applicant is appealing the Planning Comm1SSlon's action and request1ng a one year extension of the vested r1ghts of the - 2 - project as d1scussed in Attachment B. The appllcant has requested the extension to allow more t1me to obta1n financing for the proposed project. Further, the appllcant contends that the Plann1ng Comm1SS1on did not have the authority to grant less than a one year extenslon of the proJect's vested rights. The difference between the Planning CommlSSlon's actlon and the applicant's appeal lS that the Commission requlred that a bUlld1ng permlt be secured w1th1n one year, whlle the applicant wlshes to be able to vest the1r development rights by filing for a build1ng perm1t prlor to the expirat10n of the one year per1od. Thus, up to an addltlonal year could be obta1ned through the plan check reV1ew and adm1nistrative extension process. PLANNING COMMISSION ACTION On November 3, 1993, the Planning Commission approved Conditional Use Permit 93-024 and Development ReVlew 93-00B, and an extenslon of vested rlghts under the Final Map, for a one year time extension to secure a bUlldlng perm1t for the project The Plannlng CommlSSlon expressed concern that granting longer extensions may allow buildings to remaln vacant for extended periods, thereby lncreaslng the bUlld1ngs' potential for becomlng a publ1C nU1sance. The Plann1ng Commission approved the one year extenslon to secure a bUlldlng permlt, based on the need for affordable houslng 1n the Clty, and the just1fication submitted by the appllcant demonstratlng that they have d1l1gently tried to obta1n proJect f1nanc1ng. - 3 - ANALYSIS Based on the reasons given by the Plannlng Commission In lts determlnatlon, the CommlSSlon's approval of a one year extension of the CUP and DR durlng WhlCh tlme the building permlt must be secured should be upheld. With respect to the request for extenslon of vested rlghts, the Subdivision Map Act and the Municipal Code authorize the approval of a one year extension, (and no shorter or longer time period) and further provide that if the subdivider submits a complete appllcatlon for a building permi t before vested rights expire, the vested rlghts of the Flnal Map are automatlcally extended until explration of the bUlldlng permlt. Therefore, whlle the Commlsslon, or council on appeal, has the dlscretlon to determlne the length of the CUP and DR extenslon, lf the Councll upholds the requested one year extenslon of vested rights, the appllcant wlll be entitled to flle for, but need not obtaln, a bUlldlng permlt durlng this one year perlod. It is in the Council's discretion to determlne If the CUP and DR are to be extended for the same length of tlme as the Map, or for a more llmited tlme as approved by the Plannlng CommlSSlon. PUBLIC NOTIFICATION Pursuant to Munlclpal Code Sectlon 9 04 20.22.050, notice of the publlC hearlng was mailed to all owners and resldential and commercial tenants of property located within a 500 foot radlus of the project at least ten consecutive calendar days prior to the Plannlng Commission and City councll hearlngs. A copy of the - 4 - notice lS contalned ln Attachment A BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or flnanclal lmpact. RECOMMENDATION It is respectfully recommended that the Council (1) modify the Planning Commission's decision and uphold the applicantTs request for a one year extenslon of vested rlghts and {2} uphold the Plannlng CommlsslonTs approval of a one year extenslon of CUP 91- 042 and DR 91-010. Attachments: A. Public Notlce B. Appeal Statement C. Planning CommlSSlon Statement of Action D. Planning CommlSSlon Report OfflClal Prepared by: Suzanne Frlck, Director, PCD D. Kenyon Webster, Plannlng Manager Patrlce McCartney, Associate Planner Planning & Zonlng DlV1Slon Planning and Communlty Development Department - 5 - ATTACHMENT A ~ CI 0 0 ~- NOTICE OF DEVELOPMENT PROPOSAL To: Concerned Persons From: The City of Santa MOllIca Subject of Hearing: Appeal of P1anrung CommissiOn Approval of ConditIonal Use Permit 93-024 and Development ReVIew 93-008 1206-18 Ocean Park Boulevard/R3 Appellant! Apphcant Roberta K1em A Pubhc Hearlllg wIll be held by the CIty CounCIl on the followmg request Appeal of Planmng CommIssIOn Approval of Condmona1 Use PermIt 93-024 and Development ReView 93-008. whIch approved a one year tIme extensiOn to secure a bmldlllg permIt for ConditIOnal Use Permit 91-042 and Development Rev~ew 91-010 to allow the constructIOn of a twenty umt condommmm project The applIcant had ongmally requested approval of ConditIOnal Use Permit 93-042 and Development Revle\.v 93-008 to allow a one year extensIOn of the vested nghts of the final map for the condomlmum project so that an applIcatlon for a bUlldlllg permIt would have to be filed \Vlthm the one-year penod, but secUflllg a bmldmg permit could occur later TIME: TUESDAY, JUNE 14, 1994 AT 6:30 P.)!I. LOCATION COU:-.1CIL CHAMBER. ROOM 213, CITY HALL 1685 :\1AIN STREET, SA"\TA MONICA HOW TO CO!v11\.1ENT The City of Santa Momca encourages publIc comment on thiS and other projects You or your representatIve, or any other persons may comment at the Cny Council's publIc heanng. or by wntmg a letter Letters should be addressed to CIty CounCIl. Cltv Clerk's Office . . ~ 1685 Mam Street, Room 102 Santa Momca, CalIfornia 90401 MORE DJ"FOR.\1A TION If desired, further information on any application may be obtained from the Planning and Zoning Diyision at the address above or b~' calling (310) 458-8341. The meetmg faCIlIty IS handIcapped accessible If you have any speCIal needs such as sign f. 0 0 0 "" u - l - language mterpretmg. please contact the Office of the DIsabled at (310)458-8701 Pursuant to CalIforma Government Code SectIOn 65009(b). If tlus matter IS subsequently challenged III Court, the challenge may be bmlted to only those Issues raised at the PublIc Heanng descrIbed III thiS notIce. or III v.ntten correspondence delIvered to the CIty of Santa Momca at. or pnor to. the PublIc Heanng Esto es un aVIso sobre una audencla publIca para rensar apphcaclOnes propomendo desarrollo en Santa MOllIca Esto puedo ser de Interes a usted Sl deseas mas mformacIOn, favor de Hamar a LInnea Hernandez en la DIVISIOn de PlantIficaclOn al numero (310) 458-8341 f \plan\share\councll\notIces\cup93 024 ~. 000 .., I - 2 - - ATTACHMENT B ~ 000 8 l -. City of Santa Monica Commurnty and EconomiC Development Department Planning and Zoning DlvJskIn (213) 458.8341 APPEAL FORM FEE= $100.00 Date RIed . fl- Jc:Q' ~3 RecelY8d by. PM Receipt No.. lJ r" ~, Q}Af1plltt':\ Roberta Kleln Name ... ~m~ 1212 Ocean Park Blvd., ~D, Santa Monlca, CA 90405 Contact Person Chr 15 topher ~. Hardlng /Kenneth Phone (310) 393 -1 0 07 L. Kutcher of Lawrence & Harding Please descnbe !he project and deciSIOn" be appealed See letter attached hereto. Case Number CUP No. 93-024/DR No _ 93-008 ~~ 1206-18 Ocean Park Boulevard, Santa Monlca, CA Applicant Roberta Kleln Onglnalheanngdale October 27, 1993 and November 3, 1993 Onglnal actlon November 3. 19 ~ 3 Please state !he spectflc reason(s) tor the appeal See letter at~ached hereto. -. ~_&LIL Roberta Kleln i. It addlbonal space IS needed. use back of form ~ November 16, 1993 ~ 000 9 LAW"RENeE & HARDING A PROF::SS'O,\;AL :::OR:::IDr:tATlON ATTC;::i!NE:.YS AT LAW 1250 5~XTt- S-~EET CHFPSTOF'HEI:i'M HARDING S:.JITE .300 RJCHARQ A LAWRENCE SAN.....A MC....,ICA CALlFC~NIA 90401-1682 KENNET4 L KJTC....E:R KEVI N V KOZA_ November 16, 1993 T~'-E:P""ONE: '310) 393-IC07 ~RIS"'!"IN i-1UB3ARC FACSIMIL!:: '310:; 459-1959 HAND DELIVERED Ms. Suzanne Frick Acting Director Department of Land Use and Transportation Management 1685 Main street, Room 212 Santa Monica, CA 90401 Re: CUP 93-024/DR 93-008 Property Address: 1206-18 Ocean Park Boulevard Santa Monica Applicant: Roberta Klein Our File No. 949.1 Dear Ms. Frick: This letter is being submitted in support of the appeal filed by the Applicant, Roberta Klein, from the Planning Commission's decision on November 3, 1993, which granted Ms. Klein an extension of the Conditional Use Permit and Development Review Permit for her proposed condominium project of a substantially shorter duration then she requested in her application. By this appeal, Ms. Klein is seeking the following: (1) a one year extension of her vested rights under Section 66452.6 (g) of the California Subdivision Map Act and section 9.20.06.060(g) (3) of the Santa Monica Subdivision Ordinance: and (2) an extension of CUP/DR Condition No. 33 to DR No. 90-008 and CUP No. 90-051 whereby Ms. Klein's CUP and DR permits will run concurrently with her vested rights under her Vesting Tentative Tract Map (VTTM No. 49861) for this project. The Planning commission properly found that Ms. Klein had demonstrated "good cause" for an extension of her permits. However, the Commission erred by failing to grant her a full one year extension of her vested rights as contemplated by section 66452.6(g) of the Subdivision Map Act and Section 9.20.06.060(g) (3) of the Santa Monica Subdivision Ordinance. It is Ms. Klein's legal position that the Commission lacks legal authority to grant an extension of either a shorter or a longer duration then the one year period specifically referenced in both the Subdivision Map Act and the Santa Monica Subdivision Ordinance. Additionally, Commission abused its Ms. Klein discretion believes that the in granting her a Planning shorter !i 00010 LAWRENCE & HARDING A PROFESSIONAL CORPOCfAT'Ot-J ATTORNEyS AT LAw Ms. Suzanne Frick November 16, 1993 Page 2 extension of time then allowed by law given her good faith efforts in pursuit of this project and the reasons for her inability to obtain a building permit thus far. This information has been provided to the Commission and Staff previously and, in the interest of brevity, will not be repeated here. Sincerely, C\s~~ ~. \\~ Christopher M~ Harding of LAWRENCE & HARDING a Professional Corporation Enclosures CMH:jw.3LLTK15 949 ~~ 010 n ' 't u..l-<- ATTACHMENT C ~ 00012 (.,Go PL<\NNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: CondItIOnal Use Pennu 93-024, Development ReVIew 93-008 LOCATION 1206-18 Ocean Park Boulevard APPUCANT' Roberta Klem CASE PLANNER Patty McCartney, Associate PlaIlller REQUEST Apphcanon for a one year eXIensIOn of CondItIOnal Use PermIt 91- 042 and Development RevIew 91-010 to allow the construCIlon of a twenty umt condolIUIDum prOJect. CEQA STAtUS CategOrIcally exempt pursuant to Class 5(8) of me Cicy of Santa )Aoruca GUIdelmes for ImpJementanon of CEQA. PLANNING COMMISSION ACTION ..J 1113/93 Date x Approved based on the followmg findmgs and subject to the condItions below Derued Other EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED' 11/18/93 Condmonal Use Penmt 93-024 11/18/93 Development RevIew 93-008 EXPIRATION DA TE(S) OF ANY PE&\1ITS GRANTED- 11/18/94 Condltlonal Use Penmt 93-024 .. .... ~ 00013 11/18/94 Development Revlew 93-008 CONDITIONAL USE PER..\1IT AND DEVELOPMENT REVIEW CONDITIONS 38 The developer shall comply WIth all apphcable development standards as may be requIred by the Federal Amencan WIth DIsabIlmes Act and the Title 24 CalIforrua Code of RegulatIons and all other applicable State and Federal laws as determmed by the Buddmg and Safety DIVIsion that are ill effect at the tIme the bUlldmg permIt is ISsued 39 The developer shall secure the buIlding permIt withIn one year of the effectIve date of tius approval VOTE Ayes' Nays Abstam Absent BreIsch, Parlee, Pyne, WeremlUk, Zmner None Mechur 0' Connor NOTICE If tlus IS a fInal declSlon not subject ro further appeal under the CIty of Santa Moruca ComprehensIVe Land Use and Zornng Ordmance, the tune wIthm WhICh JudicIal reVIew of thIs declSlon must be sought IS governed by Code of Civil Procedure SectIon 1094 6, whIch provlSlon has been adopted by the City pursuant to MUIllclpal Code SectIon 1400. I hereby certify that this Statement of Official Action accurately reflects the final determination of tbe Planning Commi"sion of tbe City of Santa Monica. Sl~ ~ I~ 1'1'13 date Tom Pvne. Vice Charrperson Please Pnnt Name and Title 2 00014 I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shan constitute grounds for potential revocation of the permit approval. ApplIcant's Signature Pnnt Name and Tide f. \ plan \share \pc \stoas \cup93024 -' -" 3 tI- 00015 ATTACHMENT D t 00016 P&Z DKW.PM'f\plan\share\pc\strpt\cup93024 Plarunng CommissIOn Mtg October 27, 1993 Santa Mornca, Callfonna TO The Honorable Planning Commission FROM Planmng Staff SUBJECT ConditIonal Use Permit 93-024, Development ReVIew 93-008 (Time ExtensIOn of CondItIOnal Use Permit 91-042 and Development ReVIew 91- 010). Address: 1206-18 Ocean Park Boulevard ApplIcant Roberta Klein INTRODUCTION ActIOn ApplIcatIOn for a one year extenSIOn of Conditional Use Permit 91-042 and Development ReVIew 91-010 to allow the constructIOn of a twenty urnt condomlrnum project Recommendation Denial of one year time extenSIOn PROJECT DESCRIPTION The applIcant IS requestmg a one year tIme extenSIOn of ConditIonal Use PermIt (CUP) 91- 042 and Development ReVIew (DR) 91-010 for the construction of a twenty urn!, three-story condommmm bwldmg \\'1th a 52 space one level subterranean parkmg garage accessed from the rear alley at 1206 Ocean Park Boulevard The ongmal project was approved by the Planmng CommiSSIon under CUP 90-051, DR 90-008, and Vestmg TentatIve Tract Map 49861 on October 10, 1990, and was subsequently amended through CUP 91-042 and DR 91- 010 on April 1, 1992 However, the expIratIon dates of CUP 91-042 and DR 91-010 are based on the ongmal project approval dates The CUP and DR were due to expire on November 14. 1992 Pnor to eXpIratIOn, the applIcant requested m wTItmg a tIme extension for the CUP and DR and received approval of the final map The Zonmg Adnumstrator granted the maxImum pernntted three month extenSIOn. which expired on February 14, 1993 Pursuant proVISIons of SectIOn 9 20 06 060 (g) (SMMC), approval of the final map extends the vested nghts of the project for one year. whIch expires November 1, 1993. Pnor to that eXpIratIOn date, the applIcant filed thIS CUP and DR for an extenSIOn BACKGROUND AND ANALYSIS The ongmal project CUP 90-051 and DR 90-008 were approved by the Planrung CommlSSlon m October) 1990 The Arcllltectural ReVIew Board approved bUlldlllg plans, colors, materials, landscape and irrIgatIOn plans for the proposed project In January, 1991 After reconSideration of the approved deSIgn. the applIcant filed an applicatIon for CUP 91-042 and 1 ~. 0 0 0 1 7 DR 91-010 to allow modrficatlOns to the preVIOusly approved desIgn The approved modIficatIOns mcluded mIllor adjustments whIch elIminated awkward configuratIons of the subterranean garage access, revised the location of the units on the rear alley, and improved the overall aesthetic qualIty of the buildmg On November 2, 1992, prior to the project eXpIratIOn date, the applIcant recorded the fmal map Pursuant to provisions of SectlOn 92006060 (g) (SM..MC), the apphcant IS entItled to the vested nghts of the Fmal Map for CUP 91-042 and DR 91~01O up to one year from the date of recordatIOn The vested nghts of the FIllal Map for CUP 91-042 and DR 91-010 ",ill expire on November 1, 1993 If the CUP and DR extenslOn 15 not granted, the applIcant WIll have to file a new CUP and DR for development of the SIte. The project plans for this CUP and DR have been modIfied from preVIOusly approved plans of the Plannmg COnllTIlSSlOn and Arclntectural Review Board. The modIficatIons mclude the mS\allatlOn of water heaters and mechanIcal eqUlpment rooms on the roof, mIllor mezzamne and deck adjustments, extenor deSIgn mollificatIons and the removal of a terrace. The mstallatlOn of water heaters and mechamcal eqUIpment rooms IS proposed on the roof of buildmg A The Slze and TallO of the mechamcal eqUlpment rooms to roof area V\.'111 be venfied III the Plan Check process, and wIll not be permItted to exceed 25% of the roof area. The mezzanme and deck adjustments of umts 17 and 18 reduces the mezzanme area and mcreases the deck area The wmdow locatIons and SIze have been modified In the extenor deSIgn of the project Fmally, the removed roof terrace was located at the east end of bUIldmg C and IS replaced by the extenslOn of the metal barrel roof The applicant IS requestmg the extensIOn because of difficultIes In obtammg financing for the project The umts of the subject property were removed from Rent Control VIa EllIS Act procedures and IS currently occupIed by apartment buildmgs whIch cannot be demolished untIl a bUIldmg permIt IS obtaIned by the applIcant. MUNICIP AL CODE CONFORMANCE AND ANALYSIS The proposed project for tins CUP and DR extenSIOn is inconSIstent WIth the current reqUIrements of the Santa Monica MunICIpal Code (SM..MC) The project SIte IS located m the Boulevard ReSIdentIal (BR) R3 Overlay DIStrICt and does not meet the reqmrements of the dIstnct The CIty CouncIl IllitIally adopted an intenm ordmance (1537 CCS) m August 1990, WhICh applIed to projects WIth vestmg maps deemed complete after July 27, 1990 The subject project was deemed complete pnor to the effectIve date of the Illtenm ordmance Smce the approval of CUP 91-042 and DR 91-010, CIty CouncIl adopted the BR/R3 Overlay DIstnct on August 10. 1993 The mterim ordmance and BR!R3 Overlay DIstrict were adopted to enhance the aesthetIc appearance of the R3 Ocean Park Boulevard by provIdmg standards for buildmg artIculatIon, prIvate open space, and landscapmg that Will prevent overdevelopment m tins area The project for tins CUP and DR has been compared to the current BR/R3 Overlay DIStrict reqUIrements to determine the SMMC mconSIstencIes (See Attachment A) The project IS mconsIstent WIth the heIght, buildmg height proJectIOns, artIculated front and sIdeyard stepback, usable pnvate open space, and mcluslOnary housmg requirements. The roof top water heater location IS inconSIstent with a current standard condItion of approval that 2 tt 00018 prohibits waters heaters on the roof. The current maximum height and story requirement for the subject property IS thllty (30) feet and 2 stones. whereas, the project includes three story. forty (40) foot bUIldmgs The height and proposed stones for thiS project would significantly exceed the current reqUirements by one story and ten feet of addlbonal bUIldIng height As a result, the elevator, chnnney, staIrwell, and rooftop mechanical room prOjectiOns would also exceed the maximum heIght projection reqUIrement Although the project meets the sldeyard setback requirement In the current code. it is not an articulated setback, as IS currently requued. The articulated stepback currently required In the front yard would also reqUIre a greater frontyard than the project frontyard The articulated sideyard and frontyard creates a more mterestmg deSign, improves hghtmg and au space, and mimmIzes the overall bUIldmg mass The current usable pnvate open space reqwrement of 50 square feet per unit IS defiCIent for unIts 13 and 14 The current number of SIX affordable umts reqUIred III the mcIusionary hOUSIng program IS the same for the subject project with only a change m the ratio of low and moderate mcome units The current ratIO reqUIred IS three low Income and three moderate Income umts, whereas, the subject project has been approved for 20% low mcome and 80% moderate mcome unIts of the six affordable umts In addition, the placement of water heaters on the roof of bmldmg A would not be permitted based on current conditIOns of approval, whIch have been In effect for the last two years The project is sIgmficantly InCOnSIstent ""lth the current reqUIrements and standards of the BR/R3 Overlay DIstrIct and staff, therefore, bebeves the proposed extension IS Inappropnate RECOMMENDATION It IS recommended that the Planmng CorrumsslOn deny CUP 93-024 and DR 93-008 for the one year tIme extension of CUP 91-042 and DR 91-010. CONDITIONAL USE PERMIT FINDINGS 1 The proposed use IS conchtlonally permitted Wlthm the subject distrIct but does not comply \Vith all of the applIcable proVISIOns of the "CIty of Santa Moruca ComprehenslVe Land Use and Zomng OrdInance", m that the height, stones, bUIldmg heIght projecbons, and sideyard and front yard stepbacks are inconsistent with the BR1R3 Overlay DIStnct development standards 2 The proposed use would ImpaIr the mtegnty and character of the distrIct III wmch It IS to be establIshed or located, In that the project IS not deSigned to be compatible With the BR1R3 Overlay Dlstnct, and adjacent multi-family and smgle-famIly neIghborhoods 3 The proposed use would be incompatible With eXIstmg and permissible land uses wnhm the dIStrict and the general area In wmch the proposed use IS to be located, m that the area IS zoned for a maximum of two-story, tlurty foot height bUIldmgs for multI-famIly reSidentIal development 4 The proposed use IS mconslstent ,,:....ith the goals, obJectIves, and polIcies of the 3 -- OOOl~ General Plan, in that the project does not comply WIth the reqwrements for the BR/R3 Overlay DIstrIct. DEVELOPMENT REVIEW FINDINGS 1 The physIcal location, SIze, masSIng, and placement of proposed structures on the site and the locallon of proposed uses within the project are mcompallble \.\-lth and relate harmomously to surrooodIng sites and neIghborhoods, m that the overall buildmg heIght, height projectIOns, and lack of artIculated stepbacks wIll not be compatible \\;'lth the scale, character. and massmg of bmldmgs m the neIghborhood. 2 Anyon-sIte provlSlon of housing or parks and publIc open space, whIch are part of the reqmred project mlllgation measures required m Subchapter 5G of the CIty of Santa Mornca ComprehensIve Land Use and Zoning Ordmance, does not satlsfactorily meet the goals of the mItIgation program, In that the project wIll not comply \\ith the low and moderate mcome ratIo of affordable units as required In the mcluslOnary housmg program 3 The project IS generally InCOnSIstent WIth the Municipal Code and General Plan, in that the project does not comply \.\-ith the BR/R3 Overlay DIstrict Development standards of the Zomng Ordinance Attachments A MUnicipal Code and Project Companson B Planmng CommissIOn Statement of OffiCIal Action, CUP 90-051. DR 90-008, VTTM 49861. dated October 31, 1990 C Planmng CormmssIOn Staff Report, CUP 91-042 and DR 91-010, dated April 1, 1992 D Planmng CommISSIOn Statement of OffiCIal ActIOn, CUP 91-042 and DR 91-010, dated April 1, 1992 E Approval of time extenSIOn for CUP 90-051 and DR 90-008 F PublIc Notice G Correspondence pm/pm f \plan \share \pc\strpt\cup93 024 J.T OOOZO 4 Category Maxmmm HeIght MaxImum Stones DensIty Front yard Setback Front Stepbacks (BUlldmg articulatIon) Sldeyard Setback SIde Stepbacks (B Ulldmg artIculatIOn) Rear Yard Setback Usable Pnvate Open space B Idg HeIght Pro] ectlOns IncluslOnary Housmg ATTACHMENT A MUNICIPAL CODE CONFORMANCE MurucIpal Code 30' 2 stories 22 umts 20' a)24% of max. bUlldable elevation up to 14' must have addiuonal 5' average stepback Project 40' 3 stones/Mezzanme 20 UDlts 20' Not reqUlred b)30% of max.buIldable Not reqUlred elevatIOn above 15' must have addItIonal 10' average step back from mm. front yard setback 12" (based on allowed two stones and longest lot WIdth) a)portIons of the bUlldmg between 14" & 30' shall prOVIde addItIonal 4' avg step back from min SIde setback along the max bUlldable SIde elevatIOn 15' (5" ,^,lth alley) 50 square feet per urnt (Reference apphcable reqmrement per 9 04 10 02 030) 6 Affordable Urnts - 3 low income urnts - 3 mod. lUcorne umts 5 16" Not requrred 15' (5' \\'lth alley) PrOVIded for all umts except UnIt 13 & 14 Greater than current mIDnmum heIght bmldmg proJectlons allowed 6 Affordable Dmts - 20% low mcome units - 80% mod lUcome umts ta 0002' ~ ATTACHMENT B cpr 8TATBJalJrl' OJ' OJ'J'ICIAL AClIOK PROJECT NUMBER: Development Review 90-008 Conditional Use Permit 90-051 Veatinq Tentative Tract Map 49861 LOCATION: 1206-1218 Ocean Park Boulevard APPLICANT: Roberta Klein CASE PLANNER: David Martin, Associate Planner REQUEST: Application tor a Development Review, Condi- tional Use Permit and Vesting TentatiVe Tract. Map to allow the construction ot a 20 un! t. condominium project. PLANNING COMMISSION ACTION 10/31/90 XX Date. Approved bas.d on the to1lowinq !1nd1nq. and subject to the condit.ions below. Oenied. Other. EFFECTIVE OATES OF ACTIONS IF NOT APPEALED: DR 90-008 - 11/14/g0 CUP 90-051 - 11/14/90 VTTM ,49861 - 11/+0/90 EXPIRATION DATES OF ANY PERMITS GRANTED: DR 90-008 - 11/14/91 CUP gO-OSl - 11/14/92 VTTM 498&1 - 11/10/92 LENGTH or ANY POSSIBLE EXTENSION OF EXPIRATION DATE (5) OR 90-008 - 3 Months CUP 90-051 - 3 Months - 1 - II 00022 VTTM 49861 - 3 iears TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, toqether with its provision tor it. d.aiqn and improvements, is consistent with applicable general and specific plans as adopted by the City ot Santa Monica in that the plan conforms to the provisions ot the Zoninq Ordinanc. ana the General Plan. 2. Th. site 15 physically suitable for the proposed type of development in that it is a standard lot with no unusual characteristics. 3. The site is physically suitable tor the propos.d density ot development in that a 27,000 square toot parcel in the R3 Pistrict can accommodate 23 unit.. 4. The de.iqn of the subdiviaion or the proposed improve.ents will not causa substantial env!romaental damaqe or s\1l:)- stam:ially a11d avoidably injure fish or wildlife or their habitat in that the propo..d development is an in-fill of urban land which do.. not support any tish or significant wildlife. s. The d..iqn ot the subdivi.ion or the type ot i.prov...n1: will not cause serious public health problema in that the proposed development complies with the provisions ot the Zoning ordinance and General Plan. 6. The d.siqn of tn. suDdiv1.1on or the type of improv...nts will not contlict with ea.e.ents, acquired by the public at larqe, tor acc... throuqh, or use ot, property within the proposea subdivision in that the subject site 1s ade- quately served by existing" str.ats and allays. DEVELOPMENT REVIEW FINDINGS 1. The physical location, size, ma.sinq, and plac_en1: ot proposed structure. on the sit. and the location of pro- posed usa. within the project will appear compatible with and relate harmoniously to surroundinq sit.. and neighbor- hood., 1n that the heiqht i. low.r at the back of the par- cel, adjacent to the Rl District. 2. The riqhts-ot-way can accoJll1llcdat. autos and pede.trian., includinq parkin; and acce.s, in that park1ng i. acc...ed trom the adjacent alley. Two driveway aisle. are provided al~nq with exees. parkinq space.. The Parkinq and Traffic Enqineerinq Divi.ion has approved tne acce.., location and layout ot parkinq. . 3. The health and satety service. (polic., tire, etc.) and public infrastructure (e.9. utilities) are sufficient to accommodate the new development, in that: the developaent - 2 - it 00023 is located in an urban area and will ba an intill of an exiating .ita. 4. Any on-aita provision ot housing or parka and public opan space, whiCh are part ot the raquired project mitigation me..ur.. requirad in Sul;)chaptar SG ot tha City ot Santa Monica Comprahen.iv. Land 0.. and Zoninq Ordinanc., satis- factorily meat the qoal. of the mitiqation proqram, in that tha inclus10nary housinq program will b. complied with. 5 . The proj act i. generally consistent with the Municipal Coda and General Plan, in that the R3, Hacl1um Oensi.ty Residential Developmant standards hava baen complied with. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use i. one conditionally permitted within the subject district and when conditioned properly to provide greater setDacks on upper floors will comply with all of the applicable provision. at the .iCity ot San't.a. lIonica Comprehensive Land U.e and Zoning Ordinanca", in that the density, lot coveraqe and height are consi.tent with the RJ standards. The amount ot parking provided on aite ex- ceeds ~ha code requirem.nt. 2. Tha proposed u.. would not impair the 1nteqrity and character of the distr1ct in which it i. to be ..tablishad or lccated, in that tne surrounding R3 zoned .ite. have baen devaloped with similar clan.i ties, lot coveraga and heights. 3. The subject parcel i. physically suitable tor the typa ot land use being propoaed, in that the site is located in a developed urban re.idential area ot the city. The three story heiqht, 50' lot cQVeraq8 and density are consiatent wi th the R3 District standards. The buildinq style is compatible with surrounding structures. 4. The propoaed use i. coapatible with any ot the land u.e. presently on the Subject parcel it the pre.ent land use. are to remain, in that the existinq multiple tamily units will be replacad on the ait. with additional multiple fam- ily unit.. 5. The propo.ed us. would be compatible with existing and perai..ible land ua.. withln the district and the qeneral are. in which ~. propo..d u.e is to be located, in that R3 Diatric.t permits the lot coveraqa, unit density and buildinq height amount. shown on project plan.. The development ot twenty units instead of 23 units .s perJlit- ted by cod. vill reduce the amount ot traffic, noi.. and activity on the .it. and increa.e compatibility with sur- rounding r..1dentlal u.... - 3 - ~, 00024 6. There are adequate provision. tor water, sanitation, and public u~1l1tie. ana .ervic.. ~o .n.ur. that the propo..d u.. would net be detrimental to public health and satety, in that the .ite ia located in an urban area that i. .er- v::l.ced by pUblic utility companie.. All utiliti.. ar. available to the sit.. The twenty unit project will not r..ult in a signiticant increa.e in the demand tor water, sanitation and public utilities. 7. Public access 'eO the propo.ed use will be adequate, in that the lecation and size ot the parking qaraqe, driveway ramp and number and location ot driveway aisle. have be.n approved by the Parking and Traffic Engineer and. comply with Zoning Code Standards. Parkinq is acce.sed from the abutting rear alley and will not interfere with pedestrian or vehicle movement along Ocean park Boulavard. The park- ing garage will be properly lighted and quest parking will be provided on s1te. 8. The physical location or placement ot the use on the .ite is compatible W1th and relates harmoniously to tha sur- rounding ne1qh.borhood, in that the unit density, lot coveraqe and buildinq height (when conditioned) will pro- vid.e an acceptable transition between the proposecl development and adjacent one and two .tory structure.. 9. The proposed use i. consiatent with the qoala, obje~1ve., and policies ot the General Plan, in that the R3 zoninq requlations permit the moditied heiqht, density, .etback, lot coveraga and typa ot development proposed. 10. The propo.ed use would not be detrimental to the puktlic interest, health, safety, convenience, or genaral weltara, in that the styl. ot development, buildinq heiqht, ..a. and level of articulation will inteqrate wi~ aurround1nq re.idantial development and will not resul t 1n visual, audio or traffic relatad impact.. The use ot adjacent properti.. will not be neqatively affected by the develop- ment. The perceived low scale residential san.a at security and privacy will not be negatively affected by the developmant. The ..n.a o~ neighborhood cOh.aivena.. and compatibility will not be neqatively atfected by the davelopment. An exemption under the Ci ty ot Sa1"ta Monica Guideline. tor Implementation ot the California Environ- menul Quality Act will be qrantac:l tor the project baaa4 upon a determination that the project do.. not have the potential to caus. neqat1ve environmental impacta. Ther. is no avidenc. that suqq..t. the project will cause neqa- tiv. impacts and will require environmental reviaw under CEQA. 11. The proposed use contorms precisely to the applicable per- formance atandards contained 1n Subchapter 6, section 9050 and special conditions outlined in Subchapter 7, Section 9055 ot the City ot Santa Monica Comprehensive Land O.e - .& - l>1 00023 and Zoning Ordinance, in that a performance standards per- mit i. not required tor development ot the unit.. The number and location ot units propo.ed do not contlict with thi. .action ot the coda. 12. The propo.ed u.e will not result in an overconcentration ot such use. in the i1lUDec:liate vicinity, in that the R3 development standards and General Plan Land Ose, Circula- tion and Housing Elements ..tablish the parameter. for development ot re.idential units in thi. neiqhl::lorhood. The twenty unit project i. not discouraged by the Zoning Code or key General Plan Elamants. The proposed develop- ment conform. to District specitication. and is compati~l. with surrounding development. CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW CONDITIONS Plans 1. This approval is for those plana dated 10/02/10, a copy ot which shall be ma~ntained in the tile. ot the City Plan- ninq Division. Project development shall be consistent with such plans, except as otherwise moditied/specified in the.e conditions at approval. 2. Tha Plans shall comply with all other provisions ot Chap- ter 1, Articl. IX ot the Municipal Code, (Zoninq Or- dinance) and all other pertinent ordinance. and General Plan policies ot the City ot Santa Monica. 3. Final parking lot layout and .p.citi~ations shall b. sub- ject to the review and approval ot the Parking and Traftic Enqin.er. 4. Minor amendments to the plan. shall be subject to approval by the Director ot Planning. A significant change in the approved concept shall be subject to Planninq commission Review. Construction shall be in contormance with the plans submitted or as modified by the Planning Commission, ArChitectural Review Board or Director ot Planninq. ArChitectural Review Board 5. The ArChitectural Review Board shall pay partiCUlar atten- tion to the buildings elevation along Ocean Park Boulevard to ensure that adequate articulation is provided and re- quire qreatar articulation of the tacade. 6. Prior to consideration ot the project by the Architectural Review Board, the applicant ahall review di.abled acee.. requireman'Cs wi th the Builclinq and Safety Oi vi.ion and make any nece.sary chanq.. in the project c1e.iqn to achieve compliance with such requirem.nts. The Arehi~ec- tural Review Board, in its review, shall pay particular - ~ - Dl 00026 attention to the aesthetic, landscaping, and setback im- pacts ot any ramps or other teature. necessitated by ac- ce..ibility requ~r.ments. 7. Plan. tor tinal design, landscaping, screening, trash en- cloaure., and siqnaqe shall be subject to review and ap- proval by the Architectural Review Board. S. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and am.nities~ scale and articulation ot desiqn ele- ments ~ exterior colors, taxture. and materials ~ window trea~ent: glazing: and laneseaping. 9. Cons~ruction period siqnage shall be subject to the approval ot the Architectural Review Board. 10. . , ...- . 12. Fees Landscaping plans shall comply with Subchapter !5B (Landscaping Standards) ot the zoning ordinance includinq use at water-conserv; ng lanoaeapin" materials, landacap. maintenance and other staneard. contained in the Subchapter. Retuse areas, storage areas and mechanical equipment shall screened in accordance with SMKC Section 9040.13-9040.15. Retuse areas shall be ot a size adequate to meet on-.ite need, inclUding recycling. Th. Architectural Review Board in its review shall pay particular attention to the scr..ninq ot such areas and equipmant. No gas or elactric meters shall be located within the re- quired tront or street sid. yard setback are... Th. Ar- Chitectural Review Board in ita review shall pay particu- lar attention to the location and screening ot such meters. :3. The city ia contemplating the adoption of a Transportation Manaqement Plan which i. intended to mitigate traffic and air quality impacts resul tinq trom both new and. existinq development. The Plan will likely include an ordinance establichin; Eitic;ation requiremonts, including' one-time payment ot t... on certain typ.. ot new eevelopment, and annual t... to be paid by c.rtain typ.. ot employers in the City. This ordinance may raquire that the owner of the propo.ea proj act pay such new development te.., and that employers within the project pay such new annual ..- player te.. related to the City'. Transportation Manaqa- ment Plan. 14. A Park and Recreation Faciliti.. Tax ot $200.00 per re.idential unit shall be due and payable at the time ot issuance ot a builclinq permit tor the construction or placem.nt ot the r..idential unite.) on the subject lot, - 6 - & 00027 per and subject to the provisions of Section 6670 at .aq. ot tb. Santa Monica Municipal Cod.. oemolition 15. until sucb time .s the demolition is undertaken, and un- le.. 1:he structure is currently in use, the existing structure shall be maintained and ..cured by boardlnq up all openings, erecting a security renee, and removing all debris, bushes and plantinq that inhibit the ea.y surveil- lance of the property to the satistaction ot the Buildinq and safety Officer and the Fire Oepartment. Any landscap- inq mat.erial raa1ninq shall be waterad and maintained until demolition occur.. 16. Onle.. otherwi.. approved by tha Racraation and Parka De- partment and the Planning Divi.ion, at the time ot demoli- tion, any stre.t tre.. shall ba protected trOll d..~qe, death, or removal per 1:11e requirement. ot Ordinance 1242 (CCS). 17. Immediately atter de.olition (and during construction), a security tence, tha heiqht of which shall be the aaximUJI permitted by the Zoninq Ordinance, shall be lIlainuinacl around the perimeter ot the lot. The lot .hall be kept. clear ot all trash, weeds, etc. 18. prior to i..uance of a d..cl1~lon perm1~, applicant aball prepare tor Buildinq Division approval a rodent and pest control plan to enaure that deaolition and construction activiti.. at the sit. do not cr.ate p.st control impacts on the project neighborhood. 19. Prior to is.uance ot a certificate ot occupancy tor this project, the project shall comply with any ordinance adop- ted by the City Council to impl_ent proqram 10 of the Hou8inq Element. In the event that such an ordinance has not bean adopted prior to the is.uance of a certificate ot occupancy for thi. development. proj act, thi. candl tion shall be ot no turthar foree and etfect. Failure to adopt and impl_entinq ordinance .hall not excuse a developer troa the Obligation to comply with any other condition imposed in connection with proqram lOot the Houainq El~'t. Construction 20. Unle.. otherwise approved by the Department ot General Servic.., all sidewalks .hall h. kept clear and pa..able during tha qradinq and construction phase of the project. 21. Sleiewalks, curb., gutters, pavinq anei driveway. which nead. replacing or r..oval .. a re.ult of the project .. deter- mined by the Department ot General Service. ahall be re- con.tructed to the satistaction ot the Departaant ot - 7 - ~ 00028 RECOMMENDA nON It is recommended that the Planning ComnusslOn approve VestIng Tentative Tract Map 51893 with the finding and condItIon contamed in the ongmal staff report,the recommended change to Fmdmg #1, the addition of Fmding #2, and the deletion of Condloon #14. Prepared by: David Martm, Associate Planner 3 ~nvironmantal Mitigation 27. Ultra-low tlow plwab1ne; fixture. are required on all new c1avelOpJl8n't. and r_cd.elin9 where plWlbinq i. to be added.. (Kaxiaua 1.6 gallon toilet. ana 1.0 gallon urinal. and low flow ahower head.) 28. Prior to is.uance of a certifica1:e ot Occupancy, projec't. owner shall pre.ent documentation to the General Service. Department certifying that existing Santa Monica occupan- cies with toilees installed prior to 1978 have been retro- ti~tea with ultra low-flow toilets (1.6 gallon. per tlush or~les.) such that development ot the new project will not re.ult in a net increase in wastewatar flows. Flow tram existing occupancies which will ba removed a. part of the new develop.ent lIlay b. deducted tro. tlow at- tributable to the new development it such occupancies have be.n occupied within on. year prior to issuance ot a Building Permit tor the proposed project. Alternatively, proj ect owner may provide a payment to the General Ser- vic.. Department in an amount specitied by General Ser- vic.. in lieu ot the installation requirem.nt, which funds shall be used by the City tor the exclusive purpo.. ot achieving compliance with thia condition by retrotittinq exi.tine; occupancies. Flow calculations tor naw develop- ment and exiating occupanciea .hall be conaiatent with quid.linea developed by the General service. Department. Miscellaneous CUP Condition. 29 . The building aclare.. ahall be painted. on the root ot the building and shall lIleaaure tour t.et by eight feet (32 square teet). 30. It any arcna.oloq-1cal r_ina are uncovered dur1nq excavation or con.truction, work in the att.cted ar.. shall be suapend.acl and a recoqnlzeci speclalist. ahall -be contac1:ed to conduct a aurvey ot the attected are. at project'. owner's expen.e. A determination shall than be made by the Director ot Planninq to detarm.ine the sig- nificance ot the .urvey tinding. and appropriate ae1:iona and requirement., it any, to adclre.. such t Indings. 31. street and/or alley lighting' ahall b. provided on public ri9hta ot way adjacent to the projec1: it and .. ne.ded. per th. specifications and with the approval ot the Department ot Caneral Servic... 32. Any lott. or ...zanine. ahall not exceed 99 .quare t.et unles. appropriate required parkinq 1. supplied. Such are.. .hall a1ao not exce.d 33.3' ot the room below unle.. compliance with the distrIct's liait. on numb.r of stori.. can ba maintained. Validity ot Perait. - 9 - '100030 33. Tha Conditional Use Permit and Oevelopmant Review shall be ot no turther torce or ettect it the Tentative Hap ex- pire. prior to approval ot a Final Hap tor said tract. 34. In the event permitt.e violates or tails to comply with any conditions ot approval of this permit, no further per- mit., licenses, approvals or certificates ot occupancy shall be issued until such violation has been fUlly remedied. 35. Within ten days ot Planninq Division transmittal ot the Statement of otticia1 Action, project applicant shall siqn and return a copy ot the Statement of otficial Action prepared by the Planning Oivision, agreeing to the Condi- tions of approval and acknowledq1nq that failure to comply with .uch conditions shall constitute ~rounda for poten- tial revocation of the permit approval. By aigning aame, applicant shall not thereby waive any leqal rights appli- cant may po..e.s reqardinq said conditions. The .iqned Stataz.nt shall be ra~urn.d to the Planr.inq Oivision. Failur. to comply with this condition shall constitute grounds tor potential p.rmit revocation. 36. This det.rmination ahall not b.come ett.ctive for a period of tourt.en day. from the date of det.rmination, or, if appealed, until a tinal determination i. made on the ap- peal. Any appeal must be made in the torm required by the Zoninq Administrator. INCLUSIONARY UNIT CONDITIONS 37. The developer shall covenant and agre. with the City ot Santa Monica to the specific terms, conditions and re.trictions upon the po.....ion, use and enjoyment of the subject property, which term., condition. and re.trictions shall be recorded with the Lo. Angele. County R.ecorder'. Oft lce as a part or the de.d ot the property to ensur. that six (6) affordable units are provided and maintained over time and ~h~CU9h sub.equent sale. ot the property. An inclu.ionary requirement ot thirty percent of the unit. shall apply I ot which at least twenty percent .hall be attordable to housaholds not exc..ctinq sixty percent ot th. th. (HUD) Loa Anq.le~ County m.ctian income, ,,'ith the oalance ot the lncluaionary units affordable to household. with incomes not axceedin; 100' ot the (HOD) Loa Angales Count.y ...sian income, expending not over 30' of monthly income on housing costa, a. specified by the Housing Divi- sion ot the Department ot community and Economic Oevelop.ent. This aqreement shall be ex.cuted and recorded prior to approval ot the Final Hap. Such agr....nt shall specify 1) r..ponsibilitie. ot the developer tor makin; ~h. unites) available to eligible tenants ana 2) r.sponsibili- ti.s ot the City ot Santa Monica to prepare application torms tor potential tenants, ..tablish criteria for - 10 - 5tlt 0003l e e accordance wIth Section 15168(c) (2), the Tentative Map IS within the scope of the project covered by the Final ErR, and no new environmental documentation is required 10 connection thereWIth. CO~'DITIONS Man SubmIssion Reouirements - - I. Pnor to recordation of FInal Map, the subdIVIder shall supply the City Engineer with a copy of the computer files for all drawmg submittal 10 the Autocad "DWG"or "DXF" file format. 2. The F10al Map shall note all offers of dedIcatIon by certIficate on the face of the map. 3. The boundanes of the Fmal Map shall be desIgned to the satJsfactIon of the CIty Engineer and the Planrung and Commumty Development DIrector. 4. The Fmal Map shall extend lot/parcel hnes to the center of pnvate and future streets. 5. Signatures of record title interests shall appear on the Fmal Map. 6. Prior to submIttal of Final Map, the subdIVIder shall secure, at the subdIvider's expense, sufficient tItle or Interest in land to permIt any off-site Improvements to be made. 7. Prior to submittal of Fmal Map, the subdiVIder shall submIt and obtain approval of the CIty Engineer of a gradIng plan based on a geotechmcal report prepared by a SOlIs engIneer and showmg theu recommendatIons. The grading plan must conform with all other condItions of the Tentative Map. 8 Pnor to submittal of Final Map, the subdiVIder shall submIt and obtam approval of draInage plans and necessary support documents, to the satisfaction of the CIty Engmeer. 9 The Final Map shall delineate the CIty's/County Flood Control's nght-of-way for the Ptco-Kenter Dram A permIt wIll be reqUIred for any constructIon affecting the right-of-way or facIlIties. 10. Prior to recordatIon of Final Map, the SubdIVIder shall submIt computerized data of the Pmal Map following Los Angeles County GUldehnes. 3 Act. Th. required. Pinal Hap tiling te. ahall be paid prior to 8chec1ulinq ot the Final Map for City Council approval. s. 'rhe form, content., acc01I.pany1ng data, and tiling o'f the tinal parcel map shall conform to the proviSion. ot Sec- tions 93.50 throuqh 9357 (SMMC) and. the Subdivision Map Act. 9. The tinal map shall ba recordad. with the Los Anqel.. Coun- ty Recorder prior to issuance ot any building permit tor a condominium proj act pursuant to Government Code Section 66499.30. 10. Pursuant to Section 9366 (SMMC), if the subdivider or any interested person disaqree. with any action by the Planninq commission with respect to the tentative map, an appeal or complaint may ba tiled in writinq with the City Clerk. No appeal or complaint may ba filed atter a ten day period trom the commission's decision on the tentative lIlap. VOTE Ayes: Kautman, Morales, Pyne, Polhamus, Rosenstein Nays: Abstain: Nelson Absent: Mechur NOTICE It this is a tinal decision not subject to turther appeal under the City ot Santa Monica comprehensive Land Usa and Zoning Or- dinance, the time within which judicial review ot this decision must be souqht is qoverned by Code ot Ci vil Procedure Section 1094.6, which provision has been adopted by the city purauant to Municipal Code Section 1400. I hereDY oertify that this stat...nt ot Official Action accurate- ly refleot. the flnal 4e~.r.aiDa~ioD of the Plaftft1nq co-.i.sloD of the City of .anta Moniea. '''' I r "'0 ~ alph KaChur, Chairperson Plea.e Print Name and Title - 12 - fii 00033 I hereby agree ~o the above con4i~ion. of approval and aCDovledq. t.hat tailure to c:oaply vi tta aucta concu' tioD8 .taall cOD.tit.ut.e qroun4. for potent.ial re.ocatioD ot the perait app:oval. R~ .Jf ~~'. App~ 1cant I. S1qna't.ure"'. """\ -P~i3~IL7/1- L R'LE,/-A../ Print Name and Title PC/STOA9051 DM - 13 - f" 0 0 0 3 4 ,.. 00033 CITY PLANNING DIVISION Land Use and Transportation Management Department MEMORANDUM Ap('l~ I 1 DATE: Marea 18, 1992 TO: The Honorable planning commission FROM: Planning staff SUBJECT: Conditional Use Permit 91-042 Development Review 91-010 Address: Applicant: 1206-1218 Ocean Park Boulevard Thomas R. Miller SUMMARY Action: Application for a Conditional Use Permit and Development Review to allow the modification of the design of a previously approved 2 o-uni t condominium. proj ect. The proposal meets all applicable development standards. Recommendation: Approval with Conditions SITE LOCATION AND DESCRIPTION The subject property is a 27,000 square foot parcel located on the south side of Ocean Park Boulevard between Eleventh street and Euclid street having a frontage of 180 feet on Ocean Park Boulevard. Surrounding land uses and zoning consist of a two- story apartment building across Ocean Park Boulevard to the north (R3), single family residences across Ocean Park Place South al- ley to the south CR1), a two-story apartment building on the ad- jacent lot to the east (R3), and a three-story apartment building on the adjacent lot to the west (R3). Zoning District: R3 Land Use District: Medium Density Housing Parcel Area: 180' X 150' = 27,000 square feet PROJECT DESCRIPTION Proposed is a modification to previously approved project plans for a 20-unit condominium originally approved by the Planning Commission on October 31, 1990. After consideration of the ap- proved design, the applicant is proposing several minor adjust- ments which would eliminate some awkward configurations in terms of the subterranean garage vehicular access, the location of units on the rear alley, and the over~ll aesthetic quality of the - 1 - 00036 ~uildin9- The n~~her of units and maximum buildinq height would remain the SZllIle, although the height of the portion of the proj- ect located in the southeast corner of the parcel woula be in- creased from two to three stories -Mh a.,.. 1. 5' ;~ 'n fu.t 'o-h..J.- ~d ~ d ~ VDh.-i-/~ ~ D" ~ 'J Ai ~PAL CODE AN!) GENERAL PLAN C~ ~,q'+!;: .ft.:!. if -J:}~ The proposed project is consiJ:tent with the Hunid!pal Code in /I.).d_J effect at the time of the original application, and in conformity ~ wloth the General Plan as shown in Attachment A. ~ ~C CEQA STATU~ The original project, approved by the Planning Commission in Oc- tober of 1990, was categorically exempt per the City of Santa Monica Guidelines for Implementation of CEQA, Class 3(14}. RENT CONTROL STATUS The twelve existing units were withdrawn from the rental housing market pursuant to the Ellis Act. FEES The project is subject to a Parks and Recreation Facilities Tax of $200 per unit and a Condominium Facilities Tax of $1,000 per saleable unit for a total tax of $24,000. In addition, the proj- ect is regul.red to comply with Program 12 of the Housing Element of the General Plan as implemented by Ordinance No. ~519 (CCS), wh~ch may be satl.sfied by provl.ding affordable inclusionary hous- ing on-slote or by payment of an in-lieu fee. This fee, prior to adJustment in accordance with changes in the CPI, will be $481,650, based on a gross residential project area of 32,110 square feet. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9130.8, within 30 days after the subJect application was deemed complete, the applicant posted a s~gn on the property stating the following information: ProJect case ntlm~er, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the Planning and Zoning Division phone number. It is the applicant's responsibility to update the hearl.ng date if it is changed after posting. In add~t1on, pursuant to Municipal Code Section 9131.5, notice of the public hearing was mailed to a~l owners and residential and commercial tenants of property located within a 500 foot radius of the proJect at least ten consecutive calendar days prior to the hear~ng. A copy of the notice is contained in Attachment B. - 2 - ~ 00037 ANALYSI~ Background In october of 1990, the Planning commission approved a Develop- ment Review, Conditional Use Permit and vesting Tentative Tract Map to allow the construction of a 20 unit residential condomini- um building at the subject site. In August of ~990, the City council had adopted emerqency Ordinance No. ~537(CCS) to change the zoning along Ocean Park BOUlevard ~etween Lincoln Boulevard and 25th street from RJ to R2. However t since the ordinance only applied to projects with a vesting tentative map Wh~ch were deemed complete on or after July 27, 1990, and the proJect was deemed complete on July 18, 1990, the project was not effected by the emergency Ordinance and was subj ect to the R3 development standards. Following the Planning Commission and Architectural Review Board approval of the project, the applicant determined that there were some problems with the original design. Specifically, the place- men~ of the subterranean garage vehicular access was located four feet from the east property line, adjacent to the neighboring apartment building, and the configuration of the qaraqe entranoe created an "open pit" into the garage. Furthermore, the original desl.gn featured four, two-story units with semi-subterranean living space adjacent to the rear alley. The applicant decided that the placement of the subterranean livinq area was not an acceptaole design solution. In addition, the applicant chose to mod~fy the unit configuration in the building adjacent to Ocean Park Boulevard, the layout of the parking garage, the exterior bu~ld~ng facade and the location of the elevator. ProJect Design The design of the revised project complies with all applicable R3 District standards. The applicant has redesigned the project in order to address some aspects of the oriqinal project design. As stated above, the area most affected by the redesign is the por- tion of the proj eet adj aeent to the rear alley in terms of the conf~guration of the subterranean parking garage entrance and the locat~on of four residential units. In order to address the problelIl of the 'Jopen pit" into the parking garage as viewed from the adj acent property to the east t the applicant has proposed cover~ng the garage entrance and creating a rear yard patio space for the units located above the garage. This has been accom-, plished by dropping .the height of the floor of the units to no I more than 3' above the average natural grade, which allows the garage to be covered. Elimination of the subterranean living space adJacent to the rear alley has been accomplished by reduc- ing the number of units on the alley from four to three and changing the units from two-story townhouses to one-story flats. In order to replace the units lost by converting the alley units to flats and redesiqninq the layout of the units in the front portion of the project, the applicant is proposing to add a third - J - " 00038 story containing two units to the portion of the building located in the southeast corner of the parcel. This modification would raise the height of that portion of the project 7.5' trom 32.5' to 40' above the average natural qrade. The third level of this portion of the Duilc1ing would be setback 19. 5 ' from the east property line. While the added height of the building would im- pact the existing residence in the apartment buildings to the east of the project, the redesign would eliminate the open garage entrance and the subterranean living area, would be setback 19.5' from the east property line, and would only result in an addi- tional 7.5' of building height. The benefit of the improved building design would appear to outweigh the additional 7.5' of building height. Additional changes to the project are predominately related to the aesthetic quality of the building in relation to the Ooean Park Boulevard elevation. The redesigned building features addi- tional building setbaoks and balconies. Furthermore, the third level mezzanines have been reconfiqured and feature vaulted ceil- ings. The details of the building design 1ncludinq articulation, colors and materials will be subject to ArChitectural Review Board approval. Parking and Circulation Parking requirements for the proposed redesign are as follows: 9 two-bedroom units @ 2/unit - 11 three-bedroom units @ 2.5/unit - Guest parking @ 1 for every 5 units R 18.0 spaces 27.5 spaoes 4.0 spaces Total Parking Requirements - 49.5 spaces Parking requirements for the project would be 50 spaoes. A total of 52 spaces are provided with 20 private two-car garages and 12 open spaces. A parking and circulation plan has been approved by the City'S Parking and Traffic Engineer. Neighborhood Compatibility Due to the fact that the project is located in an area that primarily contains one and two story residential buildings, the Ci ty Council has adopted an emergency ordinance to reduce the height limit from 40' to 3D'. However, the original project was deemed complete prior to July 27, ~990 and is therefore not sub- Ject to the emergency ordinance. The overall building height of the redesigned project is only taller in the southeast corner of the parcel, although the overall maximum height of the 3-story 40' tall buildinq has not increased. While this may have an im~ pact on the residents of the apartment building to the east, staff feels that the improved design of the revised project would be more compatible with the surrounding neighborhOOd. ~. 00039 - 4 - conclusion The applicant ~s proposinq to modify cert;ain des~qn aspect:s of the project wh~ch have proved to be defic~ent des1gn Solut1ons. Staff feels that the revised project will result in an improved developm.ent and will ave a positive impact on the surrounding neighborhood.~ i ,::Od J)r Y-I~u ~ RECOMMENDATION tn.rafJ ~ JJ-' ~ \.A..dfrv~ It is recomme ~rn the Pla~inq Commission app Develop- ;,.~~4tx ment Review 91-01.0 and Conditional Use Permit 91-0 ~sub~~~9; ~~I with the ~~findings and Sp~A' condition ~ -.-J.A~ l'-yJ- .~t:~G~"..4'" v_",,,,,~n!,~~_~~:C:C"'~"T""';:;.M +'S 1. The physical location, size, massing, and placement of proposed structures on the site and the location of pro- posed uses within the project are compatible with and re- late harmoniously to surrounding sites and neighborhoods, in that the height of the project steps down adjacent to the single family neighborhood to the south and relates well to other surrounding developments. 2:. The rights-of-way can accommodate autos and pedestrians, including parking And access, in that the parking garage is accessed from the rear alley and two driveway aisles are provided as required by code. 3. The health and safety services (police, fire, ete.) and public infrastructure (e.g. utilities) are sufficient to accom~odate the new development, in that the project is an in-fill of urban land, currently provided for by existinq services. ,. Anyon-site provision of housing or parks and public open space, which are part of the required project mitigation -measures required in Subchapter SG of the ci ty of Santa Mon~ca Comprehensive Land Use and Zoning Ordinance, satis- factorily meet the goals of the mitigation program, in that the applicant will comply with the inclusionary hous- ing requirements of Program 12. 5. The proj ect is qenerally consistent wi th the Municipal Code and General Plan, in that the project complies with the R3 Development standards of the Zoning Ordinance and the Medium Density housing requirements of the Land Use Element. CONDIT!ONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable - 5 - ir 0004C provisions of the "City of Santa Monica Comprehensive Land Use and zoning Ordinance", in that density, lot coverage, setbacks and height are consistent with the R3 development standards. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the project is desiqned to be com- patible with the a4jacent mUlti-family and single-family neighborhoods. 3. The subject parcel is physically suitable for the type of land use being proposed, in that it is a 27,000 square foot parcel which can accommodate up to 23 residential units and only 20 units are proposed. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the existing multi-family residen- tial buildings will be removed. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the area is zoned for mUlti-family residential development. 6. There are adequate provisions for water , sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the project is an in-fill of urban land, adequate- ly served by existing services. 7. Pub11C access to the proposed use will be adequate, in that the property is adequately served by existing streets and alleys. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the unit density, lot coverage and building height will provide an acceptable transi tion between the proposed development and adj acent one, two and three story structures. 9 . The pro~o~ed use is consistent with the goal,s, obj ect! ves , and pol1c~es of the General Plan, in that the project will be located in and comply with the requirements for the ~edium-density residential area. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the project will be located in an established residential neighborhood and complies with the R3 District standards. - 6 - ~ 0004: AT1'ACBHENT A HDNICIPAL CODE AND GENERAL PLAN CONFORMANCE Category Land. Os. Element M.unicipal Code Medium Density Housing Ordinance ~595 extended the in- terim modification of the zoning on Ocean Park Blvd. between Lincoln & 25th from R3 to R2 for projects with a vesting tentative tract map deemed complete on or after July 27, 1990. Permitted Use Medium Density Housing Moratorium Status N/A proje~t Multi-Family Residential Condominium The original project, with a vesting tentative tract map was deemed complete on July 18, ~990. Dwelling Units 35 dU/fle 1 du/1250 sq. ft. 20 units = 23 - 23 Height of Building 40' 40' 40" NUlTlher of Stories 3 J 3 He~ght of Walls, Fences N/A 42f. in front Height of yard setback, walls not 6 ' in side and specified rear yard and 8 ' w/approval of ad.jacent property owners Setbacks Front yard N/A 20' Sideyard N/A 15.8' Rearyard N/A 15 ' Projections Into Yards N/A Per Section 9040.18 (SMMC) - 8 - 20' East - 16' West - 16' lS t 3rd level balconies project 24' into front yard: ground floor patios proj ect 8' {>, 0 0 0 4 2. ~l. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in SUbchapter 7, Section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance., in that no performance standards permits would be required. 12 . The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the sub- ject parcel can accolllJl1odate up to 23 units and only 20 units are proposed. SPECIAL CONO~TION: 1. The ground level patios shall not proj ect more than 6 I into the front yard setback. Plans shall be redrawn to comply with this condition prior to submittal to the Ar- chitectural Review Board. Prepared by: David Martin, Associate Planner AttachJnents: A. Municipal Code and General Plan Conformance B. Planning Commission Statement of Official Action dated 10/ 31/90 c. Notice of Public Hearing D. ProJect Comparison Chart E. Radius and Location Map F. Plot Plan, Floor Plans and Elevations DM PC/CUP91042 03/04/92 ~ 0004:; - 7 - PLADING COKHISSIOJl S'l'ATEMENT OF OFFICIAL AC'1'IOB PROJECT NUMBER: Development Review 90-008 Conditional Use Permit 90-051 Vesting '1'entative Tract Hap 49861 LOCATION: 1206-1218 Ocean Park Boulevard APPLICANT: Roberta Klein CASE PLANNER: David Hartin, Associate Planner REQUEST: Application for a Development Review, Condi- tional Use Permit and Vesting Tentative Tract Map to allow the construction of a 20 uni t condominium project. PLANNING COMMISSION ACTION _10/31/90 Date. XX Approved based on the following findings and SUbject to the conditions below. Denied. Other. EFFECTIVE DATES OF ACTIONS IF NOT APPEALElJ: DR 90-008 - 11/14/90 CUP 90-051 - 11/14/90 -YTTM 49861 - 11/10/90 EXPIRATION DATES OF ANY PERMITS GRAh",L'En: DR 90-008 - 11/14/92 _CUP 90-051 - 11/14/92_ _VTTM 49861 - 11/10/92 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(Sl DR 90-008 - 3 Months CUP 90-051 - 3 Months - 1 - P- 00044 A-rrAr~'~', p, Lot Coverage parking Access Alley dedication BjA Alley access is encouraged when alley exists. N/A Trash Area Parking Space Number N/A B/A Mechanical Equip. Screen~ng Front-yard Landscap~ng S~deyard Landscaping Unexcavated Sideyard Inclusionary Un:LtsjFee N/A N/A N/A N/A Housing Element requires Program 12 COlll- pliance SOl Alley access is required when alley exists, with exceptions per Sections 9044.8-9. 50 required Trash enclosure with minimum 5-8' solid walls and qate is required. Mechanical equip- ment extending 30re than 12" above roof parapet shall be fully screened fro~ a horizontal plane. 50% of front yard 50' of unexcavated sideyards 4' on both sides for parcels 70' Must provide 6 deed-restricted, affordable units or pay in-lieu fee of $481,650 (prior to CPI adjustment) - 9 - into front yard. See Condition f-, limiting projection of ground floor patio to 6 f . 50% Alley access provided None Required 52 provided Trash enclosure to be located at rear of property, adjacent to rear alley To be reviewed by ARB 87% East - loot West - 100\ East - 4' West - 4' Will comply with Program 12 requirements per ordinance 1519 (CCS) 00('4:> ~(!j\lM(pJ.m(NJ@ (Q)~~~m~T an Of S-t- Jh...""a, CALDfOlMDA I L- --: - )I'tt't_ ... ..-.oo - ... -. 1.--------. (;) _ ........-r- I tr-'" - . 1e: \~.:..~.m~~! ~ -..~ .:;; ~ : - . :: "l ''''-'L "'10., . 1- I:) ~- ,=,r --... . " I ).... ..,......... 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I j .~ ~ I i - l.f- I .~:l~~ - ~W\:::~ I'~ I ~ L ...-.--- ~~ - - ~ ...:.~ ______ , 19 .Ii I II \_ 1...1: CASE NO. ~ONE DATE PUBLIC HEARING DAlE a.Nr._. ....... M-. ..... No . 00046 A\\k:~~ 2: tit 00047 OD%CUL ~c:a GI' I'UBL%C 1I:AJmrG .u!)j.a~ of .ead.a91 ccm4i'tional U.. PeJ2it. .1-042 o.v.1Dpaerlt Reviaw 11-010 1206-11 oceu Park .1ft., It3 App11canta ~_.. a. X111c ~ .; A Public Bearinv v111 ~_ beld by ~ PlanntllljJ "'-l..ion Oft 'the following requ..'tJ _fi ~- Application tor a COncU:t.lcma1 0_ hmlt and Developaent Reviev 1:0 allow a aodlficat:10D 'to . 20 unit CODdaainiua project approved by tile .1ann1n9 c-i..icm in. octaber ot 1990. (Planner: JlartiD) 'r%XI. 1IZDD8D&t, llaral:a 11 .' 1..1 ~ "00 .... LOC&T%O., cancnL ~.., ltOOIl au, c:zn DJ.L, 2,&.. aD ~, aaJft'a JIOU~, caUWODU The city or .anb JIoDica encour.qe. public GCDIIIenu. lnt.r..ted peraon. ~y ccmaent at the h.arinv, or by lIZ"it.1nq a lettar. Lett.r. abould be a44reaaed to: Plann1D9 Divi8ion, Itooa 111 1685 ..in 8tr.et. Santa Monica, california '0401 Attn: (D. ~ln) IntQ~tion on any applicat.ion ..y be obtained troa ~.. Planning Div1sIcm at tile ad4ra.. above or by call1nv (310) 458-1341. Tbe ...tin; facility i. haDdicappad acce..ible. It you have any .peclal neacta auch a. 819ft lan9U&9. iDterpret,ilUJ, pl.... conta~ the Office of the Diaabled at (310) .51-1701. Purauant to California GoY~ant COde Section &'OO'(bJ, it th1a aattar i. .Ubaaquerrtly challaft9e4 ill court, Uta challenge say be l1alucl to only thoae i..u.. Tai.ed at the PublIc aearing da.cru..A in ~i. IIOtice, or 1ft wri~t.en carra.pond.nee d.livered to the City of 8anta Monica .t., Dr prior to, the Public Searinq. s.to .. una Iloticia de ana aud.nci. publica para r8Vi..r app11caclon.. proponlan40 d...rrollo aD Santa IIOn!ca. 8i 0004 ("l d..... ... tntoraacion, favor d. l1aaar a Kl.. Conaala. ~ ' 0 1. Divi8ion de Plantlflcacion al nuaero (310) .58-1'41. A-rw.t: +!U 0J-1 (- , IAARat 4-- {~1'Z PUtHNINt.3 C-IlMfV1I-S'SlbN 20 UN IT CONDOM I N I UM PROJECT 1206-18 OCEAN PARK 8L \.,I'D PREV I OUS MODIFIED APPROVAL SCHEME CITV ZONING R3 R3 LOT SQUARE FOOT AGE 27,000 27,000 TOT AL UNIT SF 3 1 ,49 1 32, i 10 FAR 1 16 1 19 TOT AL GARAGE SJ :26,166 2 1 ,820* UNEXCA V A TED AREA 840 SQ FEET 4468 SO FEET LANDSCAPED AREA (HARDSCAPEJ 11,900 13,100 SOFTSCAPE) LANDSCAPING ON NATURAL GRADE 1200 (44%) 4150 ( 15 4%) BUILDING COVERAGE f 3,500 (50%) 13,500 (50%) SWIMMING POOL YES NO PARKING REQUIRED 51 SPACES 495 SPACES PARKING PROVIDED 61 SPACES 52 SPACES UNITS WITH DIRECT GARAGE ACCESS 13 12 UNITS WITH LOCK-UP GARAGES 15 20 VISITOR SPACES REqUIRED 4 4 VISITOR SPACES PROVIDED 14 6 3 BED UN ITS 14 1 1 2 BED UN ITS 6 9 TOTAL UNITS 20 20 SEM I SUBTERRANEAN UN ITS 4 SETBACKS FRONT 20' 20' REAR 5' 5' SIDE 16' 16' *Modl fl ad Garage Soves 2100 CUb1 C yords 0 f excovot 1 on 00049 ATTACHMENT D VTTM 49861 - 3 Years TENTATIVE TRACT HAP FIKOING~ 1. 2. 3. 4. 5. 6. Tbe propo.ed subdivision, together with its prov~sion fer ita a..ign ana 1mprov...nt., ia consistent with applicable qenerLl and specific plana a. adopted DY the City of Santa Monica in that the plan conforms to the provisions of the zoninq Ordinance and the General Plan. The .ita i. physically suitable for the proposed type of development in that it is a stAnaard lot with no unusual characteristics. The .it. i. physically suitabla for the propo..d density ot davelopment in that a 27,000 aquare toot parcel in the R3 District can accommodate 23 unit.. ~he d..ign of th. sub4iviaicn or the propo..d improvem.nts will not cau.. auDatantial environmental c!uage or 8ut1- atantially and avoidably injure fisb or wildlife or their habitat in that the proposed development 1s an in-till of ur~an land which doa. not support any fiah or 8ignificant wildlife. The de.ign of the subdivision or the type of 1aprov...nt will no~ cau.. ..rious public health problema in that the proposed development compli.. with the provisions at the Zonin; or~inance and General Plan. The d..1qn at th. subdivision or the type of improvements will not conflict with .a....nt., acquirad by the public at larg., tor acca.. throuqh, or us. ot, property within ~he proposed sUbdivision in that the subject sita i. ade- quately served by existing atr.at. and alley.. DEVELOPMENT REVIEW FINDINGS 1. The physical location, siz., ...sinq, and plae...nt ot proposed. .tructure. on the .ita a.ncl the locatian of pro- pc..d us.. within the project will appear compatibl. with and relate harmoniously to surroundinq ait.s and naiqhbor- heDda, in that the height i. lover at the back ot the par- eal, adjacent to the Rl District. 2. The rights-of-way can accommodate autos and p.de.trian., including park~nq and acc..., in that parkinq i. acc....d trom the adj acant allay. 'I'Vo ari veway a1al.. ara provid.cS al~nq with axc... parking .pacas. The Parkinq and Trattic Enqine.rinq DiVision has approved the acc.s., location and layout at' parkinq. 3. '!"be health and safety servic.. (police, fire, etc.) anc! public intrastructura (a.9. utiliti..) ara aufficient ~o accommoaate the naw development, in that the development - 2 - ~ 0005v i. locatea in an urban area and will b. an intill ot an existing site. 4. AnY on-ait. provision ot houslng or parks an4 public open space, which are part ot 'the required proj ect III t1.qation meaaur.. required in Subchapter 5G ot the City ot Santa Monica Comprehen.ive Land U.. and Zoninq Ordinanca, aatia- tactorily .eet the qoal. ot the mitigation proqram, in that the incluaionary houainq proqru will l:>e complied with. 5. The proj eet i. generally consistent with the Kunieipal Code and General Plan, in that the R3, Med.ium Density Resident!al Development .tandards have been complied with. CONDITIONAL USE PERMIT FINDINGS 1. The proposad u.a i. one conditionally permitted within the sUbject district and when conditioned properly to provide greater setbacks on upper floors will comply with all of the appliCable provisions ot the "City of Santa Honica Comprehensive Land U.a and Zoning Ordinance", in ~at the density, lot coverage and height are consistent with the R3 standards. The amount of parking provided on aita ex- ceeds the code requirement. 2. The proposed u.. would no~ impair the 1n~e9r'ity and character of the district in which it i. to b. ..tablished or locatecl, in that the surrounding R3 zoned .it.. have been developed. with similar clensit1.8S, lot coverage and height.~ 3. The subject parcel i. physically suitable for the type of land use beinq propos.d, in that the site is located in a developed urban residential area of the City. The three story height, 50' lot coverage and density are consistent wi th the RJ District standareS.. The }:)uilding style is compatible with .urroundinq structures. 4. The proposed ua. i. compatibl. with any ot the land u... presently on the aubject parcel it the pre.ent land us.s are to remain, in that the existing mUltiple family units will b. replaced on the site with additional multiple fam- ily unita. 5. The propo..d u.. would be compatible with existing- and permi..ible land u... within the district and the general araa in Which the propo.ed u.e i. to be located, in that R3 Distric.t parmita the lot coverag8, unit density and buildinq heiqht amount. .hown on project plan.. The development ot twenty units instead ot 23 unit.. a. p.rIli~- tad by coda will reduce the amount ot traffic, noi.e and activity on the .it. and increa.. compatibility with sur-lrounding r..idential u.... - 3 - f' 0 0 0 5 1. 6. Thara ara adequate provision. tor water, sanitation, and public utiliti.. and .ervice. to ensure that the propo..d u.. would not b. detrimental ~o public health and aataty, in that the .it. i. located in an urDan area that i. .er- vicad by public utility campani.. . All utili tie. are available to the .ite. The twenty unit project will not re.ult in a significant increase in the demand tor water, sanitation and public utilitie.. 7. PuDlic accesa to the proposed us. will be adequa.te, in that the location and size of the parkin; 9ara9., driveway ramp and number and location ot driveway aisles have been approved by the Parkinq and Traffic Enqineer and comply with Zoning Code Standards. Parkinq is accessed from the aDuttinq rear alley and will not interfere with pedestrian or vehicle movement alonq Ocean Park Boulevard. The park- in; qa.rage will be properly li;hted and guest parking will be provided on sita. S. The physical location or placement of the use on the site is compatible with and relate. harmoniously to the sur- rounding ne~ghborhood., in that the unit density, lot coverage and buildinq height (when conditioned) will pro- vide an acceptable transition between the proposed development and adjacent one and two .tory structur... 9. The proposed use ia consistent with the qoal., o~j.ctiv.., anc! polici.. of the General Plan, in that the R3 Zoninq requlations permit the modified height, density, .etback, lot coveraqe and type ot development propos.d. 10. The propo.ed us. would not be detrimental to the public interest, health, safety, convenience, or general welfar., in that the style ot development, buildinq he1qht, .... and level ot articulation will inteqrate with aurroundinq residential development and will not result in visual, audio or traffic related impacta. Th. use ot adjacent propertie. will not be neqatively affected by the develop- ment. The perceived low scale residential sen.. of security and privacy will not. be negatively affected by the development. The s.n.. of neiqhDorhood cohesiven... and compatibility will not be negatively atfected by the develop.ent. An exemption under the City ot Santa Monica Guideline. for Implementation of the California Environ- mental Quality Act will be granted tor the project ~a.ed upon a determ.ination that the project do.. not have tha potential to cau.. negative environmental impacts. There i. no evidence that suqgeat. the project will cau.e nega- tive ilIlpact. and will require environmental review under CEQA. 11. The proposed us. contorm. preci.ely to the applicable per- tormance standards contained in SUbchapter 6, Section 9050 and spacial conci! tion. outlined in Subchapter 7, Section 9055 of the City ot Santa Monica Comprehensive Land V.e - 4 - 1- 00052 and Zoninq Ordinance, in that a performance standards mit i. not required tor development o~ the units. nl_,-mhar and location ot units propo.ed do not conflict thia ..ction of the code. per- Th. with 12. Th. propo..d u.. will not re.ul t in an overconcentration ot such WI.. in the immediate vicinity, in that the R3 development .tandards and General Plan Land O.e, circula- tion and Houain; El_nta ..tabl iah the parameter. tor devalopment of r.sidential unit. in this naiqhborhooc1. Th. twenty unit project 1. not discouraged by the Zoning Code or key General Plan Elem.nt.. The pr:po..d develop- ment contorms to Oistrict specifications an: i. compatible with surrounding development~ CONDITIONAL USE PERMIT AND OEVEI.OPKENT REVIEW CONDITIONS Plans 1. This approval is for those plans dated 10/02/90, a copy of which shall b. maintained in the file. of the City Plan- ninq Division. project development shall b. consistent with such plans, except a. otherwise mOdified/specified in the.. conditions ot approval. 2. The Plans ahall ccmply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinance. and General Plan policies at the City ot Santa Monica. 3. Final parkinq lot layout and specifications shall be sub- ject to the review and approval ot the Parking and Traffic Enqineer. 4. Minor amendments to the plans shall be subject to approval by the Director of Planninq. A significant chang_ in the approved concept shall be subject to Planninq Commission Review. Construction ahall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Plannin9~ Arch~tectural Review Board 5. The Architectural Review Board shall pay particular atten- tion to the buildings elevation along Ocean Park Boulevard to anaure that adequate articulation is provided and re- quire qreater articulation of the tacade~ 6. Prior to consideration of the project by tnt Architectural Review Board, the a.pplicant shall review disabled. acce.. requirement. with the Building and Saf.ty Divi.ion and ~ake any nece..ary change. in th. project design to achieve compliance with auch requirements. The Archi~ec- tural R.view Board., in 1~. review, shall pay particular - 5 - t! 00053 attention to the aesthetic, landscaping, and setback im- pacts ot any ramps or other teatures necessitated by ac- cessibility requirements. 7. Plan. tor tinal design, landscaping, screening, trash en- cloaure., and signage shall be subject to review and ap- proval by the Architectural Review Soard. 8. The Architectural Review Board, in ita review, shall pay particular attention to th. project's pedestrian orienta- tion and amenitie.; seale and articulation of deaiqn ele- ments; exterior colors, textur.. and materials: window treatment: glazing; and landacapinq. 9. Construction periOd .iqnaqe ahall be subject to the approval ot the ArChitectural aeview Soard. lO. Landacapine; plans shall comply with Subchapter 5B (Landscapinq StandardS) ot the zoninq ordinance including use ot water-conserving landscaping aateriala, landscape maintenance and other standards contained in the SW::lchapter. 11. Refuse areas, storage areas and .echanical equipment shall screened in accordance with SMMC section 9040.13-9040.15. Refuse areas shall De ot a size adequate to ...t on-ait. need, inclu41ng recycling. The Architectural Review Board in its review shall pay particular attention to the screening ot such area. and equipment. :2. No gas or electric meters shall be located within the re- quired front or street side yard setback areas. The Ar- chitectural Review Board in its review ahall pay particu- lar attention to the location and screening of such meters. Fees 13. The City i. contemplating the adoption of a Transportation ManaqRment Plan which i. intended to mitiqate traffic and air quality impacts resultinq from both new and existing development. The Plan will likely incluae an ord.inance establi.hinq aitiqation requirements, incluclinq one-tims payaant of te.. on certain types ot new cevelopment, and annual te.. to be paid by certain types ot employers in the C1 ty. Thi. ordinance may require that the owner of the proposed proj ect pay such new development fees, and that ..ployer. within th. project pay such new annual em- ployer t... related to the City'S Transportation Manaqe- ment Plan. 14. A Park and Recr.ation Faciliti.. Tax of $200.00 per residential unit shall be aue and payable at th. time of issuance of a building permit for the construction or placeaant of the residential unite.) on the .ubject lot, t~ 00054 - 6 - per and subject to the provisions ot Section 6670 et seq. of the Santa Monica Municipal Code. Demolition 15. 16. 17. 18. 19. Until such t.Ut as the Qe.moli~ion is undertaken, and un- le.. the structure is current.ly in use, the .xi.tin; structure shall be maintained and aecured by boardinq up all openinqs, erecting a .ecurity rence, and removinq all c:iel:lris, bushes and planting that inhibit the easy surveil- lance of the property to the satisfaction of the Buildinq and Safety Officer and the Fire Department. Any landscap- inq material remaining shall be watered and maintained until demOlition occurs. Unle.. otherwise approved by the Recreation and Par~ 08- partmant and the planning Division, at the time of demoli- tion, any street tree. shall be prot.ected from damaqe, death, or removal per the requirement. ot ordinance 1242 (CCS). Immediately atter demolition (and durinq construction), a security tenee, the beiqht ot which shall b. the maximum permitted by the Zoninq Ordinance, ahall be maintain..::l around the perimeter Dr the lot. The lot shall be kept clear of all trash, weeds, etc. Prior to issuance ot a damclition permit, applicant ahall prepare tor Building Divi.ion approval a rodent and pest control plan to ensure that demolition and construction activiti.. at tha .ita do not create p.st control impacts on the project neighborhood. Prior to i.suance ot a certiticate ot occupancy tor this project, the project shall comply with any ordinance aaop- ted by the City council to implement Program 10 of the Housing Element. In the event that such an ordinance has not b.en adopted prior to the issuance ot a certificate at occupancy for thi. development project, this condition shall be of no turther toree and effect. Failure to adopt and implementing ordinance ahall not excuse a developer tro. the obligation to comply with any other condition impo..d in connect.ion with Program 10 of the Housing !:l_ent. construction 2Q. Unl..s otherwi.e approved by the Department ot General Service., all sidewalks shall be kept clear and passable during the qradinq and construction phase ot the project. 21. Sidewalks, curbs, qutters, paving and driveway. which ne.d replacing or removal.. a result of the project .. deter- mined by the Department ot General Service. shall be re- constructed to the satiafaction at the Department of - 7 - Q^t:- f1 ., J ) General service.. Approval for this work shall be ob- ta.ined. froll the Department at General Services prior to is.uance ot the buildinq permits. 22. vahicl.. haulinq cUrt or ather conatructlon dabris trom the a1 t. ahall cover any open loac with a tarpaulin or other aecur. covering to minimize aust emi..iona. 23. stre.t tre.. ahall b. maintained, relocated or proviaed as required 1n a mann.r con.i.tent with ~e City'. Tr.. Code (ord.. 1242 eCS), par the apacifications of the Department of Recreation and Parka and the Department of General Ser- vice.. No streat tree .ball be r_oved without the ap- proval of the Department of Recreation and Parks. 24. A construction period mitigation plan shall be prepared by the applicant tor approval by the Department ot General service. prior to issuance of a buildinq per.mit. Aa ap- plicable, this plan shall 1) Specify the name., addresses, telephone numbers and busine.. licen.e nn~~er& ot all con- tractors and subcontractors .s well as the daveloper ancl archit.ct~ 2) Describe how demolition of any existinq structure. i. to b. accompli.had: 3) Indicate where any crane. are to be located for erection/construction: 4.) O.scrib. how much ot the public stre.t, alleyway, or side- walk is propos.d to be us.d in conjunc~ion with con.truc- tion ~ 5) Set forth the extent and nature ot any pile. driving operations: 6) Describ. the length and number of any tie.})acu which must extend und.er tha property of other person.~ 7) Specify the nature and extent of any dewater- ~nq and its etfect on any adjacent buildings: 8) Describa anticipated contruction-related truck rout.., n'_''!'I~.r ot truck trips, hours ot hau11n; and parkin; location: 9) Specity the nature and extent ot any helicopter haulinq~ 10) State whether any construction activity beyond normal- ly permitted hours i. proposed; 11) Describe any propo.ed construction noi.e mitigation measures~ 12) Describe con- struction-pariod s.curity measur.. including any tencing, 1 ighting, and .acuri ty personnel; 13) Provide a dra1naqe plan: 14) Provide a construction-period parking plan which ahall lli.nimi~. use at public streets tor parkinq; 15) List a de.iqnated on-site construction manag.r. 25. A sign shall ba posted on the property in a manner consis- tent with tha public hearinq sign requirement. which shall identity the addr... and pbone nnmher of the owner and/or applicant for the purpos.. ot re.pondinq to que.tions and complaints during the construction period. Said sign shall alao indicate the bours of permissible construction work. 26 . A copy or these condi tion. sball b. posted in an eaaily vis iDle and acee..ible location at all tim.. durinq con- struction at the project aite. Th. page. .ball b. l.-i- natad or otherwis. protectecl to .nsure durability of the copy. - 8 - ~ ooes: Environmental Mitigation 27. Ultra-low flow pl'tlJllDinq fixtur.. an required on all new 68velopaant and r..odelinq where pln-"ing i. to be adaed. (Maximum 1.6 gallon toilets ana 1.0 gallon urinals and low flow shower head.) 28. Prior to i.suance ot a Certitica~. ot occupancy, project owner ahall pre.ent documentation to the General Service. Department certifying that existing Santa Monica occupan- cie. with toilets installed prior to 1978 have been retro- ti~ted with ultra low-flOW toilets (1.6 qallons per flush or less) such that development at the new project will not result in a net increase in wastewater flows. Flow trom existinq occupancies which will be rEmoved as part of the new development may be deducted fro. flow at- tributable to the new development it such occupancies have been occupied within one year prior to issuance ot a Building Permit tor the proposed project. Alternatively, praj act owner may provide a payment to the General Ser- vices Department in an amount specitiec1 by General Ser- vices in lieu ot the installation requirement, which funds shall be used by the City for the exclusive purpose of achievinq compliance with this condition by retrofit:tinq existin; occupancie.. Flow calculaeions tor new davelop- ment and .xi.tinq occupancies ahall be con.istent with quiaelin.. developed by the General Service. Department. H~scellaneou. CUP Conditions 29. The build!n; addre.. .hall be painted on the root of the building and ahall measure four fee~ by eight feet (32 square teat). 30. It any archaeoloqical remain. are uncovered durinq excavation or construction, work in the aftected area shall be suapendad and. a racoqnizad specialist ahall ba contacted to conduct a survey ot the aftected. area at project.. owner'a axpan.e. A datermination shall than be mad. by the Director of Planning to determine the aig- nificance of the survey tindln98 and appropriate action. and requirement., it any, to addre.s such findings. 31. Stre.t and/or alley lighting shall ba provided on public rights ot way adjacent to the project it and a. needed. per the specifications and with the approval ot the Department at Genaral Service.. 32. Any loft. or mezzanine. .hall not exceed 99 square f.et unl... appropriate required parklnq i. supplied. Such area. .hall al.o not exceed 33.3' ot the room below unl... compliance with the d.istrict.. limits on nnlllher ot stori.. can be maintained. Validity ot Permits - 9 - 00057 33. 34. 35. 36. The conditional Ose Permit. and Development Review shall be ot no further torce or effect 1t the Tentative Hap ex- pir.. prior to approval ot a Final Map tor .aid tract. In th. avant parmi tt.. viol at.. or tails to comply wi th any conditions of approval of this permit, no further p.r- mit., licenses, approva.ls or certificates of occupancy shall b. issued until such violation has been tully remedied. Within ten day. ot Plannin9 -Division transmittal of the statement ot Oftic1al Action, project applicant shall siqn and r.turn a copy of the Statement of Official Action prepared by the Plannlnq Division, aqreeinq to the Condi- tions of approval and acknowledqlnq that failure to comply wi th such condi tiona sha.ll canst! tut. qround. tor poten- tial revocation of the permit approval. By Biqninq same, applicant ahall not thereby waive any le9&1 riqhts appli- cant may po..... raqarding said cond.l tion. . The s1gn.d Stat_ent sball l:Je r.turnad to th. Planninq Division. Failure to comply with this condition ahall constitute qrounaa tor potential permit revocation. This aetermination .hall not become eftective tor a period ot tourteen day. from the data of dateraination, or, it appealed, until a final determination i. made on the ap- peal. Any appeal ]lust Da _da in the form req\lired. by the Zoning Administrator. INCLUSIONARY UNIT CONDITIONS 37. The developer shall covenant and agree with the City of Santa Monica to the .pacific terms, conditions and restrictions upon the po..... ion , use and .njoyment of the subject property, which tersa, cond.itions anc! re.triction. shall ba recorded with tha Los Angel.. County Racorderla ottice aa a part of tha d.ad. of the property to enaure that six (6) affordabla unit. are provided and .aintained over time and throuqb Bub.equent sale. ot the property. An inclusionary requirem.nt of thirty percent ot the units sball apply, ot which at least twenty percent shall ba atfordaJ:)la to hQuseholds not exceeding sixty percent of the the (HOD) Loa Anqel.. County median income, with the balance of the inclusionary unit. aftordable to households with incomas not axceading 100' of the (HOD) x.os Anqel.. County .adian inco.a, expending not over 30' ot monthly income on housinq costs, as .pacitied by the Housinq Divi- sion of the Department at COllUlluni ty and Economic Development. Thi. aqre_nt shall be executed and recorded prior to approval of the Final Map. Such agr....nt shall spacify 1) re.ponsibilities of the developer for making the unites) available to eliqible tenants and 2) r..ponsibili- tie. ot the City at Santa Honica to prapare applica~ion to~ tor potential tenants, .stablish criteria tor - 10 - l1' 00053 qualifications, and monitor compliance with the provisions ot the agr.ement. owner ahall provide the City Planning Diviaion with a conformed copy ot the recorded agreement prior to approval ot the Final Hap. This provision i. intended ta satisty the inclusionary housing requir_ents ot the Housing Element of the General Plan af the City at Santa Monica. Developer may satisfy the obligations craatect by this Agreement by demonstratinq to the Director ot Planning compliance with ordinance ~5~9 (CCS), whiCh provides implementation standards for thia proqram. TENTATIVE TRACT MAP CONDITIONS l. All oft site improv..enta requireet by the city Engineer shall be installed. Plans anet specifications for off site improvement. shall ~e prepared by a registered civil en- gineer and approved by the City Engineer. 2. Before the City Engineer may approve the final map, a sub- division improvement agr....nt tor all ott .it. improve- ments required by the City Engineer shall be prepared and a performance bond posted throug'h the City Attorney's ottice. 3. The tentative map shall expire 24 months atter approval, except as provided in the provisions of California Govern- ment Cede Section 66452.6 and Sections 9380-9382 of the Santa Monica Municipal Code. During tnis time period the final map shall be presented to the City ot Santa Monica for approval. 4. The developer shall provide the Eng'ineerinq Department ot the city ot Santa Monica with one Dizal Cloth print reproduction and microfilm of each sheet of the final map atter recordation. 5. Prior to approval ot the final map, Condominium ~.ocia- tion By-Law. (if applicable) and a Declaration of CC , R'. ahall be reviewed and approved by the City Attorney. The ee , R's .ball contain a non-eli.crimination clau.. .. pre.ented in S.ction 9392 (SMMC) and in the ca.. of con- doainiua., contain such provision. aa are required by Sec- tion 9122E (SMMe). ' 6. The developer ahall provide tor payment ot a Condominium Tax ot $1,000 per saleable r..idential unit-per the provi- sions ot Section 6651 et .eq. ot the Santa Monica Municipal Cocla. 7. The form, contents, accompanyinq data, and filing of the tinal Subdivision map shall conform to the provisions of sections 9330 thro~qb 9338 (SMKC) and the SUbdivi.ion Map - 11 - ~ 00059 Act. 'the required Final Map filing tee ahall be paid prior to scheduling ot the Final Map for City Council approval. s. The torm, con1:.en1:.., accompanying da1:.a, and tiling at the final parcel map ahall conform to the provisions ot See- tions 9350 through 9357 CSlOIC) and the SubdiviSion Map Act. 9. The tinal map shall be recorded with the Los Angeles Coun- ty Recorder prior to i..uance of any building permit tor a condominium project pursuant to Gove~.nt Code Section 66499.30. 10. Pursuant to Section 9366 (SMMC), if the subdivider or any interested peraon di.aqr..s with any action by the Planning Commi.sion with respect to the tentative map, an appeal or complaint may ba filed in writing with the city Clerk. No appeal or complaint may be tiled a~ter a ten day period from the commission's decision on the tentative map. VOTE Ayes: Kautman, Morale., Pyne, Polhamus, Rosenstein Nays: Abstain: Nalson Absent: Kachur NOT!CE If this 1. a tinal decision not subject to further appeal under the City of Santa Monica Comprehensive Land U.. and Zoning Or- d~nanc., the time within which jUdicial review of this decision mus't be aought 1. qoverned by Cod. of Civil Procedure Sectian 1094.6, which provision baa been adopted by the City pursuant to Mun~cip&l Code Sectian 1400. I hare by certify that this stat...nt ot Official ActioD accurate- ly retlect. the tiaal 4eter.ainatioD of the Plann1D9 Co.-1..iOD ot the cit7 or .ant. XODic.. '?f.r.ho ciae lph Mechur, Chairper.on Plea.. Print Name and Title - 12 - t~ 0 0 0 6 0 I heraby agre. to ~be above ooD41~ioD. o~ approval and aCDovle49. 1:hat failure to comply vi tb such coneS! tiODS shall cOD.ti~ute qroUDds for potential revocation of tbe per.mit approval. App11can~ls Signature Print Name and Title PC/STOA905l DM - 13 - foe- 00061 ATIACHMENT D PLAHNXNG COKKISSXQH STATBHEHT OF OPFICIAL ACTIO. lcB PROJECT NUMBER: Conditional Use Permit 91-042 Development Review 91-010 LOCATION: 1206 Ocean Park Boulevard APPLICANT: Thomas R. Miller CASE PLANNER: David Martin, Associate Planner REQUEST: Application for a conditional Use Permit and Development Review to allow the modification of the design of a previously approved 20-unit condominium project. The original project was approved under Conditional Use Permit 90-051 and Development Review 90-008. PLANNING COMMISSION ACTION 04(01/92 Date. xx Approved based on the following findings and subject to the conditions below in addition to the conditions contained in the Statement ot Of- ficial Action for Conditional Use Permit 90-051 and Development Review 90-00S dated October 10, 1990. Denied. Other. EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: 04/15/92 04/15(92 Case #CUP 91-042 Case tDR 91-010 EXPIRATION OATES OF ANY PERMITS GRANTED: 11(14(92 11/14/92 Case #CUP 91-042 Case #DR 91-010 Expiration dates based on original approval dates of CUP 90-0S1 and DR 90-008. - 1 - ~ 0006~ LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: Any request for an extension of the expiration date must be received in the Planning and Zoning Division prior to expiration of this pennit. 3 Months Case tcup 91-042 3 Months Case 'DR 91-010 DEVELOPMENT REVIEW FINDINGS 1. The physical location, size, massing, and placement of proposed structures on the site and the location of pro- posed uses within the project are compatiDle with and re- late harmoniously to surrounding sites and neighborhoods, in that the height of the project steps down adjacent to the single family neighborhood to the south and relates well to other surrounding developments. 2. The rights-of-way can acco1lU11odate autos and pedestrians, including parking and access, in that the parking garage is accessed from the rear alley and two driveway aisles are provided as required by code. 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 project is an in-fill of urban land, currently provided for by existing services. 4. Anyon-site provision of housing or parks and public open space, which are part of the required project mitiqation measures required in Subchapter SG of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, satis- factorily meet the goals of the mitigation program, in that the applicant will comply with the inclusionary hous- ing requirements of Program 12. 5. The proj ect is generally consistent with the Municipal Code and General Plan, in that the project complies with the R3 Development standards of the Zoning ordinance and the Medium Density housing requirements of the Land Use Element. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the SUbject district and complies with all of the applicable provisions of the nCity of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that density, lot coverage, setbacks and height are consistent with the R3 development standards. 2. The proposed use would not impair the integrity and character of the district in which it is to be established - 2 - ,. 00063 or located, in that the proj ect is designed to be com- patible with the adjacent mUlti-family and single-family neighborhoods. 3. The subject parcel is physically suitable for the type of land use being proposed, in that it 1s a 27,000 square foot parcel which can accommodate up to 2.3 residential units and only 20 units are proposed. 4.. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the existing multi-family residen- tial buildings will be removed. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the area is zoned for multi-family residential development. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the project is an in-fill of urban land, adequate- ly served by existinq services. 7. Public access to the proposed use will be adequate, in that the property is adequately served by existing streets and alleys. 6. The physieal location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the unit density, lot coverage and building height will provide an acceptable transi tion between the proposed development and adjacent one, two and three story structures. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the project will be located in and comply with the requirements for the medium-density residential area. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the project will be located in an established residential neighborhood and complies with the R3 District standards. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, Section 9055 of the city of Santa Monica Comprehensive Land Use and Zoning ordinance, in that no performance standards permits would be required. - 3 - ~ 0006.1 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the sub- j ect parcel can accommodate up to 23 units and only 20 units are proposed. SPECIAL CONDITION: 1. The ground I.evel patios shall not proj ect more than 6 I into the front yard setback. Plans shall be redrawn to comply with this condition prior to submittal to the Ar- chitectural Review Board. VOTE Ayes: Gilpin, Morales, Nelson, Polhemus, Pyne, Rosenstein Nays: Abstain: Mechur Absent: NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1400. I hereby certify that this Statement of Official Action accurate- ly reflects the final determination of the Planning Commission of the City of Santa Monica. /I1J-lM- "lnature Ralph Mechur, Chairperson Please Pr~nt Name and T~tle fit, .#/1- date - - 4 - 00065 I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title PC/ST91.042 OM 0006~ - 5 - ATTACHMENT E SANTA MONICA CIty Plannmg DIVISion (310) 458-8341 October 19, 1992 1685 Mam Street. POBox 2200 Santa MonIca, CA 90407-2200 Kenneth L. Kutcher Lawrence & Harding, Attorneys at Law 1250 Sixth street Santa Monica, CA 90401 subject: Time Extension Development Review 90-008 Conditional Use Permit 90-051 1206-1218 Ocean Park Boulevard Dear Mr. Kutcher: Conditional Use Permit 90~051 and Development Review 90-008 for the above noted project were due to expire on November 14, 1992. We are in receipt of your timely request, dated october 15, 1992, for a time extension of the Conditional Use Permit and Development Review. The Zoning Administrator hereby grants one three month extension of Conditional Use Permit 90-051 and Development Review 90-00S. The permits are now due to expire on February 14, 1993 and may not be extended further. Please feel free to contact me at (310) 458-8341 if you have any questions regarding this matter. Slncerely, f). ~ f.J~< ~ ~- D. Kenyon Webster Plannlng Manager DM pc; DMEXTEND 10/19/92 00067 ATTACHMENT F . OFFICIAL NOTICE OF PUBLIC HEARING Subject of Hearmg: CondItional Use Permit 93-024. Development RevIew 93-008 1206-18 Ocean Park Boulevard. R3 (MedIum DensIty MultIple FamIly Residenual) Distnct ApplIcant Roberta Klem A PublIc Heanng will be held by the Planmng ComnnssIOD on the following request- ApplIcatIon for a 1 year extensIOn of a prevIOusly approved CondItIonal Use PermIt and Development Review Permit to allow the construction of a three story. 20 urnt condommium over a 52 space one level subterranean parkIng garage accessed from the rear alley (Planner P McCartney) TII\fE : WEDNESDAY, October 27 , 1993 AT 7:00 P.M. LOCATION: COUNCn. CHAMBER, ROOM 213, CITY HALL 1685 MAIN STREET SAJ"-'T A l\iIONICA, CALIFORNIA THE CITY OF SANTA MONICA ENCOURAGES PUBLIC COMMENTS INTERESTED PERSONS MAY COMMENT AT THE HEARING, OR BY WRITING A LETTER Letters should be addressed to Planrung DIVISIOn. Room 212 1685 Mam Street Santa Maruca, Cahforrua 90401 Ann (Patty McCartney, Associate Planner) Addmonal mformatIon may be obtamed from the PlannIng and Zomng DIVISIon To request reVIew of a project file and/or for more mformatlon, please call (310) 458-8341. The meeung faCIlIty IS handIcapped accessIble If you have any specIal needs such as SIgn language lnrerpretmg. please contact the Office of the Disabled at (310) 458-8701 Pursuant to Cahfonua Government Code SectIon 6S009(b). If tins matter IS subsequently challenged In Court, the challenge may be lumted to only those Issues raised at the PublIc Heanng descnbed m thIS notice. or In wntten correspondence delIvered to the CIty of Santa MOnIca at. or pnor to. the Public Heanng. Esto es una no11C1a de una audencla publIca para reVIsar applIcaclOnes propornendo desarrollo en Santa MODIca 51 deseas mas mfonnaclon, favor de Hamar a Elsa Gonzalez en la DIVISIon de PlanllficaclOO al numero (310) 458-8341 0006f: AITACHMENT G Robin Mitchell 2614 Eurltd Strut, Apartment E Santa MOrHca, Ca/ifornUJ 90405 October 17, ] 993 Patty McCartney, Associate Planner Plannmg DlvlSlon, Room 212 1685 MaIO Street Santa Momca, CA 90401 ~'TY ,.,~ ' .Y\ \:~- C. ~." ~'-! · - ~l \_ "93 OCT 19 A9 5<1 I am writing m regards to the heanng on October 27, 1993 concerning. Conditional Use Permn: 93-024, Development RevIew 93-008 ] 206-18 Ocean Pa rk Boulevard, R3 Apphcanr Roberta Klein The applIcant IS seekmg a one year excenSlOn of a previously approved Conditional Use Permit. I lIve adjacent to the property on Euclid Street. I have lIved In my apartment for 16 years It 15 my home and neighborhood In every sense The access to the 52 space garage wtll be near my bedroom so I am very concerned about thIs project. I have opposed the proJea from the begmnmg I am m support of the property at 1206-18 Ocean Park Boulevard bemg improved, but this particular design is problematic and ill-conceived. The block is already too dense to take on thIs development There IS already traffic and parking congestion on Euchd Street and adjacent streets WIthout thIs development Cars wiH not be able to enter [he parking structUre from Ocean Park and they must pass along EuclId Street ro access the alley entrance to the parkmg structure The alley IS awkward In mat It IS a one way L-shaped narrow srreet. At thiS nme many dnvers VIOlate the alley by driVIng II In the wrong dlrecuon and parking illegally and blockmg the alley In the L- turn There have already been pets killed and aCCIdents, tncludmg one to my leagally parked car These problems eXiSt before the development and I can only see them tncreaSing If the development goes through Even thought the structure IS approved under Santa MOnica codes It IS too large for the property and adds to the congestlon that is plaguing Ocean Park Boulevard and Hom~ Tdrphon~ 310452-2239 Studw T~kphon( 310 392-6199 0006~ the Sunset Park neighborhood. Many of my neighbors adjacent to the property have lived here as long and longer than I have as owners and renters. We are commmed ro our neighborhood We are gomg to have to bear a tremendous pan of the hardship of the constructlon and later occupancy of this propeny without receiving any benefit to our dallv lives J The owners of this property have had suffiClenr [tme progress with prevIOusly approved Condmonal Use Permit. They have not been able to begm construction because thiS ]S not a good development project I don not believe that grantmg them an extensIOn ]S gomg to brIng any Improvement I cannot attend the hearmg on October 27 and I hope that my concerns WIll be communicated to those who WIll be making a deciSIOn concerning thIS project Please do not gram an extensIOn Smcerely, J~ llddfXQ Robm Mitchell GOOin An~ta Thomason 10917 plckford Wy. Culver C~ty, eA 90230 Plan~l~g ~lvlslon. Room 1685 Malr. Street Santa Mon~ca, CA 90401 ATTN: Patty McCartney, 212 C'TY.f As Mt~etce Plan.n-e.r;..- .. "93 0: October 1S, 1993 -, .::., ~9 ~2 Dear Ms McCartney, I am the owner of the apartment bu~ld~ng located at 2614 Eucl1d, Santa Monlca, and wrltlng you 1n regards to : Cond~t~onal Use Perm~t 93-024 Development Revlew 93-008 1206-T8 Ocean Park Blvd.. R3 (Med. Denslty Multlple Famlly Resldentlal)Dlstrlct Appllcant: Roberta Kle~n I have opposed a proJect of th~s Slze -from the very beglnnlng and have wr~tten to VOlce my Ob]ectlons on prlor occaSlons. I HOPE THAT A 1 YEAR EXTENSION OF PREVIOUSLY APPROVED CONDITIONAL USE PERMIT WILL ~2! BE APPROVED! I th~nk that a three story bUlldlng wlth 20 unlts wl11 lmpact the nelghborhood 1n a very negatlve way. It wlll block the ocean breezes from flowlng , coollng smaller buildlngs: It wlll block the v~ews from the wlndows of apartment bUlldlngs on Euclldi 1t w~ll cause far too much trafflC In the alley WhlCh runs along the south s~de of my building. and wll1 probably increase parking diff1culties 1n the ne1ghborhood;lt v~ll cer- ta~nly send up exhaust fumes from the underground garage entrance ~nto the apartments of the Euclld bUlldlng. In add~t1on, that kind of maSSlve building proJect will most certalnly cause a great deal of nOlse, dust, dlsrupt~on over some length of tlme to people 1n the nelghborhood. A number of elderly people live 10 my bUlldlng, and they are home much of the tlme. They would have to llve w1th these adverse can- dltlons for months. I thlnk thlS plan for a 20 unlt bUlldlng w/S2 car spaces SHOULD ~~~~~ HAVE BEEN APPROVED. Why don't you let the plan dle, and the owner wlll perhaps then come up wlth a smaller and more reasof'able plan. Yours truly, Ct~ r--- ~~ Anlta Thomason 001"7'