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SR-10-B (28) - "h,-f ,,"-,,",,f--,, ......... i _A '-r~..., ~ CITY PLANNING DIVISION Land Use and Transportation Management Department - . {.(.J I '---- - M E M 0 RAN DUM ~'-""'''::''' . .....l;..L_. Jecember 4, :991 ?lannlng Staff I . I 1 I ,j ~.. "y;;_,f:-~~::'~I~~~:: '..>~'0 /, :{y '.;.. /r; ,:.;'Jl A. ,< Lv ) ~ ~..~ -:0: ~he Honorable ?la~n~ng Ccmmlssion ?RO:1 : ~ :~~;~~- SUB~EC=: Conciltional ~se Fer~lt 91-015, Vesting ~entatlve ~ract Map 50523 Address: Appllcant~ 911 ~2t~ Street ~lchard Chang & Henry Wu SC~.!:':"'l\.RY ;;'ct:.on: .;ppl:.catlon for a Cona:. tlonal ,-,se ?erml t and Vesting Ientatl ve Tract ~'~ap to penOl t the construction of a t~vo story, :~ve unlt ~esidentlal buildlng (5 condominlums) on a 7500 s~~are =oot parcel in the R2-(NW) (Low Density Multiple Famlly Reslden- t:.al & North of Wilsh~re Overlay) Dlstrlcts. Recomrrendatlon: Approval wl~h conditions. ?er~lt streamllning EXplration Date: Orlg:.na1ly; December 26, September 27, 1991 & wlth 90 day extenslon; :991 ':::e appllcant has agreed ~o a 90 day extenslon of the Permlt streamllnlng Explration ~ate as pe~~tted by San~a Mon:.ca ::ur:l.cipal Code, Sectlcn 913l.11 and Government Code, Sect:...on 65957 for approval of Condlticnal ~se Permit 91-015. Subdlv~Slon Action Deadll~e: ~anua=y 23, 1992 T~e appllcant has agreed ~o a walver of the Subdivlsion deadline for actlon by the Plannlng Commission on Vestlng Tentatlve Tract :fap 50523. SITE LOCAT~ON AND DESCRIPT:ON T~e subject property is a 7500 sq.;~. parcel located on t~e east- Slce of 12th Street bet.veen Idaho Avenue and Washlngton Avenue ~avl~g a frontage of 30 =eet. Surrounding uses consist of two, 2 story multi-famlly resldentlal structures (R2-NW) to the north, a 2 story :nul ti-family str'...lct:'.lre (R2-NW) to the south, a 3 story mul~l-famlly structure (R2-NW) ~o the east and a 3 story multi- - 1 - e 41 fa~~:y structure :~2-~W) :::2..'.....de -;:T"O, 1 sto::::-y and t~.,TO, ::.. story garages. (mag;'l:.f2.ora) ~ 12" .:.: ::"811 ~o the west. ~x~st~~g on-si-::e uses :.n- one. 2 story ~ulti-family stru8t~res and ~~ere a~e ~wo (2) matu::::-e magno:~a trees dlameter) on-slte. ZOr.1~g ~istrict: ~2-NW ~and ~se ~istrlct: Low Densl~y Multiple Residentlal & ~orth 0: wilsh1re Overlay Distrlcts ?a::::-cel Area: 50' x 130' ; 7500 square feet ?ROJECT DESCRIPTICN ~he proposal is to re~ove three mUlti-family structures contain- l~g 3 units exempt from Rent Centrol with an owner-occupied ex- erlpt:.on and constn.:ct a 2 s~ory structure of five condomlnlums over a 10 space subterranean garage accessed from Twelfth courtocf- T~e requlred guest space lS provlded w1th1n the rear yard set- back. ProJect ....miLs provide a livlng room, d~ning rOOIn, and ~lt:::hen, two bedrco~s, two and one half bathrooms, mezzanlne and :::-ocf deck each. q, / l ::1 +n ~ U, '-/--h; 'R 2 JlJbVfhM W//41rti-- _ /)j'-L'Y...J_ ~~]NICIPAL CODE AND GENERA~ PLAN CONFORMANCE ~r~ Y~vP~~ Ccnd~tions of approval are proposed to address the 23' exter10r wall height restrict~on, min~~um open space required for Gn1t E, and 50% s1de yard landscap1ng. W1th conditions of approval, the proposed proj ect lS cons1stent 'wi th the Mun1clpal Cede and ~n confor=lty wi~~ ~~e General Plan as shown in Attachment A. CEQA STATt.:'S ~he ~roJect ~s categcr~cally exemp~ per the City of Santa ~onica GU1de~lnes for :mplemen~at1on of CEQA, Class 3 (2). ~ENT CONTROL STATUS An owner-occupled exempt:.on Has granted for three (3) on-51 te ~ulti-family rental un1ts. The property owner has filed a Decla- rat10n of Intent to Ha1:1talTI Res1dency with the ~ent control Board. FEES ~he proJect 15 subject to a Parks and Recreat10n Facilities ~ax of ~200 per unit and a Condon1nlum Facilit1es Tax of $1,000 per saleable unit for a total tax of $6000.00. 3Ac:.zGROUl'lD :'here are bV"o (2) existing mature :::agnol ia trees (magn1flora) (12" & 18" dlameter) on-site. :here are no nlans to protect or :-elocate the ::.rees en-site. There is one (~) 24,11 diameter ?ine t::::-ee and one (1) ::8" d1ameter Palm tree located ,nthin the park'V-lay. - 2 - e e T~e applicant ~as proposed the construction of one, 2 s~ory, five ~~it condornlnlU~ over a ten space subterranean garage. One re- ~ulred gues~ park1ng space is provlded wlthin t~e rear yard se~- back. T~vo story ::u.l-:.~-fam~ly SL::::-"..lc<:t.:.res eXl.st adJacent 'co ~he ~ort~ and sout~. ~hree stc:::-y ~ultl-family struc~u:::-es eXlst across the alley and l2th street ~o the east and west. ~he ap- pllcant 1S proposlng a structure WhlCh lS 30' ~n helght from an average natural grade o~ :02.38'. :'he pro] ect lS sub] ect to t:-.e requirements of Ordlnance :577 (CCS) (?roposlt:;.on R) '.vhlc~ requires at least 30% of the total nu:rber of unl ts to be lncluslonary. One 2.ow and one moderate :~come rental t.:.n~~ are requ~red to be provlded for the proJect. :'he appl~cant' s representatlve has obJected to L:l1e tlrning of PrCpcsltlcn R and i~s app1~cabi1ity to this proJec~ (Attachment D). Ordinance 1577 (CCS) applies to proJect applications submit- ~ed on or after March 6, 199~. This application for C~P 91-015 a::d T'esting Tentatlve ~ract Hap 50523 ",as submltted 0:1 Harcr. 2.6, ::"991. ;'~l.r ALYS IS ~ach unit prcvldes a :iVl~g room, din~ng room, kitchen and one ~alf bathroom on t~e ~:rst :loor, two bedrooms and two full bath- ~corr,s on the second :loor, a loft level openlng to -:.he second :loor and roof decks. Loft levels are approximately 50 to 80 square feet In area and do not exceed the maximum permltted 33 1/ 3% of the bedroom areas upon which they open. Project roof decks are se~back 15' and 261 from the north and south slde property llI':es. '::'he mln1.mUm requ.1red side yard setback is 7'. One re- qu::..red <:,.' unexcavated slde yard setback is prov1.ded along 'the nor~h slde property li~e. ~he entlre 20' front yard setback will re~aln unexcavated. Electric ~eters and trash enclosure are lo- cated ~::..thln the rear yard setback. Gas meters are loca~ed '~lt~:~ the l~terior slde yard setback as per~ltted. ~~e proposed floor plan ~r.cludes a separa~lon between the master ~eQroom and a second bedrooom of the second :loor for each unit. A S' difference in elevation between the ~aster bedroom floor and second floor bathroom ceiling height is proposed. Loft areas opens ~o the ~aster bedroom area. Parklng and Circulatlon A total of eleven parklng spaces are required (2 spaces per 2 bedroom unit - 1 guest parking space per 5 unlts = 11 spaces). ~en parklng spaces are provided In the subterranean garage wlth O:1e gues'C space provlded "athin the rear yard setback. The cit.y I s Parking and Traffic Engineer has approved the proposed parking and circulation layout. A l28 sq. ft. ~echan::..cal room is slt.~ated towards tte west end of the garage. Nor~h of Wllsh1.re Overlay Standards Addi~ional side yard setback requirements for the North of wil- sh1.re area ~nclude a mlnimum 2' separatlon between parallel - 3 - e e ~ !;lanes ::or 30% of t~e slde cu~ldir:g facade bet\veen 3 I and 131 above grade. The project prov~des a setback of 2' to 61 for 50% of t~e s~ruc~ure along the ~or~~ elevation and a 21 separation along the south eleva~~on =~c= 31 ~o 13' above grade. A ~~nl~um 21 separation for 50% of the slde b~lldlng elevatlon between l~' and 30' ~s also ~equ1red w1t~ at :east 50% of the slde elevat10n to be setback an addlt~onal average of 4'. An average add1tional 4' setback 1S provlded :or 50% of t~e north and south build1ng eleva~~ons between 14' and 30' in ~e1ght. Also req-..llred 1S an average 5' setback for 24% of the front DUllding elevatlon from grade ~p to 14' in helght and an average 10' setback for 30% of t~e front bU11ding elevation above 15' 1n r~elght. A 5' setback for 22 % of ~he front bUllding elevation frc~ g~ade to 14' is prov1ded. A m1nimum length of 8' must be setback an additional 5' to provlde the 24% requirement. Staff ~s reccmmendlng a conditlon to address this requ1rement. An ad- d1 tlonal l40.:; square foot setback 1S provided for the front :::".llldlng elevation over 15' u\ height; only 96 square feet is ~qu]..red bv code. ~; . " ~_J' ~ P 'Co l..itP(lPYnITtJ~{h. W!/lt ~~ nt:hv::J ,r[j ~. f} /LO-U.A 01 .~ (J,1n..oC{b ot..-nu 1.i5,~ ;'"1..: I ~[)IY-e. OU-iA I~. .-...d.O-:;J::i .. ,I ~ "r 40. _ A mln1mum ~ aver ge setback shall beprcv1 e for a mln1- -d->rsr; mum 24% of t~e front buildlng elevation or;.or "to ARB ~ / review. - Cu./vUr~ 2.. _ . ';f. ::rl---.f. 'L-h "'y-A ].:,.CLf ~&Lj f~v~- . ~- !!) L.~~L~ij ~~ l;'t--:ffrJLA- , ~he struct~re.s maX1mum wall he1ght ~s 20' at the requlred slde yard setback of 7' and increases to 28' towards the 1nterlor of ~he slte. The North of Wilshire Overlay standards specify that building exter10r walls may not exceed the maXlmum height for a flat roof of 23'. The proJec~ archltect's interpretation of the ~aXlmU~ wall ~elght 1S to avo1d vert~cal walls beglnnlng at grade r~Slr.g ~o 23' and ~o step wall helghts towards the slte 1nterlor. -=his :'5 :...n confllct ',Ht~ ":.:-.e code lnterpretation of staff and Plannu:g Cornrn1SS lon. Staff lS reco:nrnending t~e follo\nng CO:1d~-:'lO~: ~xterlor buildlng walls shall no~ exceed a maximum he1ght Z ~ of 231 from average r.atural grade, except that portion of \ Y1 ) t:.::e f,;all \V1t~in any roof gable. u..u'-.u--}.::t:t'-t~ I --fh..e u.'O.J:J. hJ.f-RCt V'~. ....; ~ !. ~ '--- , / -..... -,-'.-c... J '-..... i.....,:. ~ ~ - ...-.,.- . .____~;;r- A reof pltch of 1 l~ 3 is provided as required in the North of ~~lsh1re Overlay standards. . , -L:...l... A !'l.1nimum of e>lO 1 2.4" box trees W~ th~n the front yard setback and 50% landscaping for both side yards is required by the North of h'ilsh1.re Overlay st:a11R~J;"q.~, ':'he project does not provide 50% landscap~ng for the ~~Jlevat~on slde yard. Three, 24" box trees are prov1ded .wi thln the front yard setback. Staff ~s recommending the follow1ng condition: -5 r(j. The Architectural ReVlew Board, i~ its review, shall en- sure that at least 30% of the required front yard setback and 50% of both required slde yard setbacks shall be ade- q~ately landscaped. 8. - 4 - e e One hundred square feet of private open space ~~cluding a deck, ~ard pat~o or comb~~a~~cn t~ereof adJacent ~o a prir.ary space, 1S requlred for eacf'. l.:..nlt. Over :'00 square feet of pr~vate open space 15 provlded for units A, B, C and D. Approxlmately 92 square feet of prlvate open space 1S provided for ~~it~. Staff ~s recc~mendlng ~he followlng condition: (trod- q~ A minlIDum of :'00 s~~are feet of private open space shall be provided for Cnit E prior to review by the Archl~ec- tural ?'evlev; Board. :~'J-,~~l~-i7::;. L ':!-'-' ~1 2 '-~'-> J-<,;{- v:" I-- 1. - I~~).. . F"...-----~; - -------~ --~.ol-~c~ ~elghborhood ccmpatlbllity r -' - ..L. T~e proposed 30' struc~ure wlll be constructed adJacent to eXlst- lng t~vlO story mul 't:-~amll.y s-cructures to the north and south. -:'he t.wo story bUlldlng facade 1S ~.,ell articulated and provides gradual setbacks from adJacent two story s~ructures. :ndlvidual unit en~rances and doors leadlng to patio open spaces are articu- 2.ated along the ncr~~ and south elevations. The elevatlons do appear somewhat maSSlve in height and scale in comparlson to the two story structure to t~e north. However, the code requ~rement ~hat the exterlor wal:s not exceed a helght of 23' wlll result ln the reduction or poss~ble removal of the loft level. Such a re- deslgn wlll reduce the ~ass of the buildlng to ensure ltS com- paL1D~li~y with surroundlng structures. staff ~as included the standard conditlon that the Architectural Review Board carefully reVlew t~e prO]eCL deslgn to ensure that the bUllding ~s ~n scale and is cOwpaLlble wlth the surrounding neighborhood. CONCL::SION Hith 'the /I~5 addresslng the 23' exterior 'dall height, min~mum open space requlred for Vnit E, 50% slde yard landscap- ~~g, and the r.unl:i.u:n 24% front elevation setback, the proposed condominlU:r.l developmen~ compIles Wl th all app1 icable provislons of the zoning Ordlnance and ;:he General Plan,ana t~~J::or~ :i,~:-~~"'c ~pr8~,{al. :::>1:" CI"'~.".,,<~t:'NO 1'."T' T QH -.- '-'L__~ C"\._ _.~ .;../tJ<-1:l- \.~ #U--i- v 11~ :t lS recb~mend~ that the Planning Comrnlsslon approv~Condition- al ~se Permit 91-015 and Vestlng ~entative Tr~ct_Map 50523~b; ]ect to the "fullc.Hl'.g f.lndings and conditions:t.XhtR3 'n ~ ~ v qphi . TENTATIVE ~RACT HAP F!NDINGS 1. The proposed subdivision, together wlth its provislon for lts design and lmprovements, ~s conslstent with appllcab1e general and speclfic plans as adopted by the City of SanLa Honlca, :'11. ::hat .:. ~ conforms to tl1e provlslons of the Zoning Ordinance for "the ~2 & North of Hilshlre Overlay distrlcts. - 5 - It e .c. . The slte :5 phYSlcally sUltable for the proposed type of development, :n ~~at ~t ~s a standard lot, able to acccmo- date the proposed styucture whlle provlding requlred set- backs, :ot coverage Ilnl~at~cns and required parking on- site. .). The slte ~s physlcally sUltable for the proposed dens1ty of developrne:1t, 1n -:hat it is a parcel of 7,500 square feet ~n the R2 zone and can accomodate 5 unlts. ..", The deslgn 0: ~~e subdivlsion or ~he proposed improvements '.1111 r:.ot cause subs-:antlal envi~onmental damage stant~ally ar.d avoldably l~j~re f~sh or wildllfe habitat, ~n that the proJect is an ~rban developn:.ent. or sub- or their In-fill ~. The design c= ~~e subd~vision or the type of i~provement wlll not cause serlOUS publlC health problems, ln that all utilitles are avallable. b. Yhe design of the subd1vlsion or the type of improvements wlll not conflict with easements, acqulred by the public at large, :or access through, or use of, property within the proposed subdivision, ln that the city Englneer has approved the ~enta't.~ve trac't. map and taken ~nto account the requ1red easements and dedications. C:ONDI1'~ONAL USE PER11IT F::!:NDINGS The proposed use ~s one cond1tionally pe~ltted within the subjec~ dlst~~C~ and complies wlth all of the appllcable prov~sj.ons of the "Clty of Santa ~10nlca Comprehensive Land Use and Zon1ng O~dinance" & North of Wilshire Overlay Dis- tr1c~ standards, in that all required setbacks, lot coverage, bUlldlng height and parking requirements are me't.. .:: . ~he proposed use would not lmpair the integrlty and character of the dlstr~ct in which 1t 1S to be established or located, :n that ~his parcel is surrounded on four sides by mult~-family resldent~al development. The subject parcells physically suitable for the type of land use be1ng proposed, In that the slope is not exces- sive, all parking can be provlded on-site, and adequate open space is provlded. i.: . The proposed ~se is compatible with any of the land uses presently on t~e subject parcel if the present land uses are to remain, in that the three existing multi-::amily structures are proposed to be demolished. The proposed use 'i.'lould be compatible wlth existing and permisslble land uses within ~he district and the general area ~n wh~ch the proposed use is to be located, in that - 6 - e e ~he proposal wll: =equlre Architectural ReVlew Board ap- proval ~o ensure that ~t lS simllar :n scale ~o eXlsting and proposed develop~er.t In ~he area. ':>. :'::ere are adequate p=ovlsions for ,'later, sanJ. tatlon, and publlC utl:~t:es and serv:ces ~o ensure ~hat t~e p=oposed use would not be detri~en~al t~ public health and safety, J.n that the broPosed :.lse would not: be detr:.::'!.ental to publlC health ~~d-safety, J.n tbat all utilltles are avail- able to ~he slte. ?ubllC access ~o 'Chat the site street:. ":.he proposed use 'w.lll be adequate, in is sufficiently served by an existing 0. The physical location or placement of the use on the sJ.te 1S compatlble wlth and relates harrronlously to the sur- roundlr.g neighborhood, in that bUlldlngs ln t~e area are two and three story multi-famJ.ly residential and the two story project will require Architectural ReV1ew Board ap- proval to ens~re that 1t is similar in rr.asslng and place- ment to ~~e eXlsting structures. 9. The proposed use lS ccnslstent wlth the goals, ObJectives, and polic~es of the General Plan, In ~hat the project site :s located 1n a multlple res~dential land use element dlS- tr~ct and complies wlth the applicable regulatlons. :Cl. ':he proposed use would not be detrlmental to the public J.nterest, health, safety, convenience, or general welfare, ln that all publ~c ~~llities are available, and requlred bcllld.l.ng code ::::-equirements \'17il: be enforced :':1 the con- struction of the bUlldi~g. The proposed ~se conforms precisely to ~he appl:.cable per- =orrnance standards con~alned :n Subchapter 6, Sectlon 9050 a"-d spec:.al cond:tlo~S outlined :.n Subchap~er 7, Sectlon 9055 of the C:. ty of Santa Honica comprehensl ve Land Use and Zoning OrdJ.nance, l.n 'Chat these Subchapters are not appllcable to new condomlnium developments. ""'! ..... ~~. The proposed use will not result In an of such uses :.n the :.mmediate vicinity, is zoned for ::lUI t.l-f'amlly residential the subJect proposal conforms in height R2 zonlng and Korth of Wilshlre Overlay overconcentration in that the area construction, and and density to the distrlcts. CON9ITIONAL USE PERMIT CONDITIONS clans ~h.ls approval is =or those plans dated :1arch 1D, 1991, a copy of which shall be malntained in the flIes of ~he C.l.ty Plannlng :Ji vision. Pro] sct development shall be conSlS- tent TIll th such plans, except as othennse speclfied in ~hese candltions 0= approval. - 7 - ... . e e The ?lans shall comply wlth all o~her provisions of Chap- -:.er _, Artlcle :X of ~::e ~!unicipal Code, (Zonl~g Or- dlnance) and all ot!ler perc1.nent ordinances and General Plan pol~c:es of the Cl~Y of Santa Monica. Flnal parklng lot layout and speclf:cations shall be sub- ~ect to the reVlew and approval of the parking and Traffic Englneer. r11nor amend~en~s to ~he plans shall be sUbject to approval by the Dlrec~or of Planning. A significant change in the approved concept shall be subject to Planning CcmrnlSS10n ReVlew. Const:ructlon shall be ln conformance Wl th the plans submitted or as modified by the Planning commlssion, Architectural ReVlew Board or Director of Planning. Arc~ltectural Revlew Board ~ o. ; . ~ - . C .-' . , ~ _"v.. . , Prior to consideration of the project by the Archltectural ~eview Board, the appl:cant shall review disabled access requlrements t{lth the Buildlng and Safety nivls1cn and make any necessary changes in the project design to achleve compl:ance with such requlrements. The Archltec- tural ReVlew Board, In lts revlew, shall pay particular attentlon to the aesthetlc, landscaplng, and setback im- pacts of any ramps or other features necessitated by ac- cesslbility requirements. The Archltec~ural Review Board shall carefully review the proJect design to ensure that the buildlng is in scale and is co~pat~ble wlth t~e surrounding neighborhood. The existing rnat....:.re trees: one, 1211 and one, 18" ::lagnolia (grandlflora) shall be preserved in thelr present location on slte, ~elocated to a specific location on slte or re- placed with speclmen t~ees to t~e satisfaction of the Ar- chitectural ReVlew Board. ~he Arch~tec~~ral 2eVlew Board, ln ltS review, shall en- sure that at least 50% of the required front yard setback and 50% of bot~ required side yard setbacks shall be ade- quately landscaped. A rnlnl~um of tT.vo 24" box trees shall be planted \o/i thin the front yard setback. Plans for final design, landscaping, screening, trash en- closures, and signage shall be SUbject to review and ap- proval by the Architectural Review Board. =he Architectural Review Board, ln its review, shall pay partlcular attention to the project's pedestrian orlenta- ":icn and amenities: scale and artlculatlon of deslgn ele- l'lents; exterior colors, textures and materials: .vindow trea~ment; glazlng; and landscaplng. - 8 - _L. . , - _.jll -.... ?ees e e Const~uc~~on period slg~age approval cf t~e A~chl~ectural shall be subject ReVle,v Board. 'to t.he Landscaping :::lans shall comply Wl th Subchapter 5B (Landscap~ng standards) of the Zonlng ordlnance lncludlng use of vlater-conservlng landscaplng materials, :andscape maintenance and other standards contained ln the subchapter. ~efuse areas, storage areas and mechanlcal equipment shall screened :n accordance with SMMC Sectlon 9040.13-9040.15. Refuse areas shall be of a Slze adequate to meet on-site need, includlng recycllng. The Archltectural Review Board ln its review shall pay particular attention to the screenlng of such areas and equlpment. Any rooftop mechanlcal equipment shall be :"linimized ln helght and area, and shall be lecated In such a way as to minimize ~Olse and v~sual lmpac~s to surroundlng properties. Un- less otherwlse approved by the Archltec"Cural Review Board, :::-ooftop mechanlcal equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no resldential water heaters shall be lo- cated on the roof. No gas or electric meters shall be located wlthin the re- qUlred front or street slde yard setback areas. The Ar- chitectural Review Board in its reVlew shall pay particu- lar attention to the location and screening of such meters. 16. A ?ark and Recreat~on Fac:lities ~ax of $200.00 per residential unlt shall be due and payable at the time of .lssuance of a bUlldlng pennt for the constrUC1:l0n or placement of the residential unites) on the subject lot, per and subject to the provisions of Sectlon 6670 et seq. of the Santa lronlca Hunicipal Code. :Je:--,olitlon ~7. Cntil such time as t~e demolition 1S undertaken, and un- less the structure is currently in use, the existlng structure shall be ma1ntained and secured by boarding up all openings, erectlng a security fence, and removing all debr15, bushes and planting that inhibit the easy surve1l- lance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscap- J.ng materl.al ~emalning shall be watered and maintained until demolition occurs. :8. Cnless othe~vise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoll- tion, any street ":.rees shall be protected from damage, death, or removal per the requlrements of Ordinance 1242 ( CCS) . . - 9 - tit e _;. Immedlately after demolition (and durlng constructlon), a secu~~~y fence, ~he ~e2gh~ of which shall be the ~aXl~um pernn t::ed :::y the Zcnlng O~d1.~ance I shall be maintained around ::~e ?er~~eter of the :o~. The lot shall be kept clear cf al~ trash, weeds, etc. 20. Prlor to lssuance of a demolition permit, applicant shall ?repare ~or Building Division approval a rodent and pest control plan ~o ensure that demel ~ tion and censtruct~on activl::ies at tr.e slte do not create pest control ~rnpacts on the proJect neighborhood. 21. ~ro dernoli tlon of buildings or structures bUll t prior to ~930 shall be permitted unt11 the end of a 30-day review perlod by the Landmarks Comm1.ssien to determine whether an appl1.cat1.on ~or landmark designation shall be filed. If an appllcat~on for landmark designation is filed, no de- ~olit1.on shall be approved for 90 days from receipt of a comple't:e appllcation for demolition, or upon the deter- mlnatlon by the Landmarks CommlSSlon that the app1icatlon for land~ark deslgna::lon does not ~erit fo~al cons1cer- atlon, hhichever 1S sooner. :: .::1:", S -:. ruct l.on 22. Unless otherw1.se approved by the Department of General Services, all s1.dewal~s shall be kept clear and passable duri~g the grading and construction phase of the proJect. 23. Sidewalks, curbs, gut~ers, paving and driveways which need replacing or reMoval as a result of the proJect as deter- ~lned by the Department of General services shall be re- constructed ~o the satisfact~on of the Depar~ment of General Serv1.ces. Fo.pproval for this "lark shall be ob- tained :rom t::e Department of General SerV1.ces prlor to issuance of the buildir.g per~its. 2.:; . Vehicles haul1ng dirt or other construction debr~s from the s~te shall cover any open load wlth a tarpaulln or other secure covering to minimize dust emissions. 25. street trees shall be maintained, relocated or prov1.ded as required in a manner consistent w~th the City's Tree Code (Ord. 1242 CCS) , per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 26. A construct1.on perlod mitigation plan shall be prepared by the appl icant: for approval by the !)epartrnent of General SerV1.ces prior to issuance of a building permlt. The ap- proved ~ltigation plan shall be posted on the site for the duration of t~e proJect construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone ~umbers and bus1ness license numbers of all contractors and subcontractors as - 10 - . e e well as t~e developer and archltect: 2) Descr~be how de- nolitlon cf any eXlstl~g s~r~c~ures ~s to be accomplished: 3) Ind~cate where any cranes are to be located for erec- ti on/const:::-l:.::::t ion ; ':;') Describe ::ow much of the publ:.c street, alleY'~lay I or side".Valk is proposed to be used in conJunct:.on '/lH:.h const:::-uct1.C:1: S} Set forth "':t:.e extent. and nature of any plle-drlvi:1g operations; 6) Describe the length and number of any tiebacks ~-vhich must extend under the property of other persons; 7) Spec~=y the na- ture and extent of any dewatering and l ts effect on any adjacent bUlldings: 8} Descr~be antlcipated contructlon- related t:::-uck :::-outes, number of truck trips, hours of haullng and park:.ng ~ocatlon; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any consi:ruct:.on actJ.vJ.ty beyond normally permJ.tted hours is proposed: 11) Descr:.be any proposed contruction nOJ.se ~itlgation ~easures; 12) Describe construc~ion-perJ.od secur:.ty ~easures including any fenclng, light:.ng, and security personnel; 13) Provide a dra1nage plan; 1~) Prov1de a construct lon-period parklng plan which shall mlnimize 'Jse of publlc streets for parki~g: 15) List a deslgnated on-site constructlon manager. ~ - L ' . A sign shall ~e posted on the property J.n a manner consis- tent with ~he public r.earing sign requirements which shall J.dentlfy the address and phone number of the owner and/or applicant for the purposes of responding to questJ.ons and complalnts duri~g the constructJ.on perlod. Said sign shall also indicate the hours of permissible construction ,......ork. ~ ~ .::..0. A copy of these condJ. tions shall be posted :.n an easJ.ly vislble and accesslble locatJ.on at all tlmes durlng con- struc~J.on at the proJec~ site. The pages shall be lami- ~ated or otherw~se protected to ensure durablllty of the copy. ~~v~=onmental Mlt~gat~on 29. Ultra-low flow plumbJ.ng fixtures are required on all new development and remodelJ.ng where plumbJ.ng is to be added. (Max1mum 1.6 gallon toile~s and 1.0 gallon urlnals and low flow shower head.) n~scellaneous CUP Condltlons 30. The building address shall be palnted on ~he =oof of the buildJ.ng and shall :",easure four feet by eight feet (32 square feet). ::!.:. If any archaeological rema~ns are uncovered during excavatlon or constructlon, work :n the affected area shall be suspended and a recogn~zed specialist shall be contacted to conduct a survey of the affected area at proJect's owner's expense. A dete~inatlon shall t~en be - 11 - 32" - , ,j~. :3 3 . e e ::-.ade by t~e Director of Plann~ng to deternune the slg- TIlf1Cance of the survey =inaings and appropriate actions and requlre~en~s, := any, ~o address such findings. street and/or alley lighting shall be provided on publ~c r1ghts of way adjacent to the project 1f and as needed per the speclf~catlons and wlth the approval of the Department of Ger.eral Serv~ces. Any lofts or r'ezzan:.nes shall not exceed 99 square feet unless approprlate :::-equired parKlng is supplied. Such areas shall also not exceed 33.3% of the room below unless co~pliance with the distr:.ct's limits on number of storles can be mainta1ned. No fence or wall within the required front yard setback, inclusive of any subterranean garage slab and fencing or raillng on top thereof, shall exceed a helght of 42" above actual grade of the property. A securlt:y gate shall be provlded across the openlng to ":..he subterranean garage. If any guest parking space 1S located ln the subterranean garage, the security gate shall be equlpped wlth an electronlC or other system which will open the gate to provlde visltors wlth vehicular ac- cess to the garage without leaving their vehicles. The securlty gate shall receive approval of the Police and F~re Departments pr10r to lssuance of a building permlt. ~'2.l io..:. ty 0 f Perm~ ts 36. 38. In the event perm~ttee vlalates or fails to comply with any canditlons of approval of ~hlS permit, no further per- ~its, licenses, approvals or cer~ificates of occupancy shall be lssued ~ntll such vlolation has been fully :::-emed.led. wi thin ten days of ?lannlng Di vislon transml ttal af the statement of Official Action, project applicant shall s~gn and return a copy of the statement of Official Action prepared by ~~e Planning Divlslon, agreeing to the Condi- t.lons of approval and acknowledging that failure to comply with such condlt~ons shall constitute grounds for poten- tial revocation of the permit approval. By signlng same, applicant shall not thereby waive any legal rights appli- cant ~ay possess regarding sald conditions. The slgned Statement shall be returned to the Planning D1V1Slon. Failure to comply '::Hth this condition shall constitute grounds for potential permlt revocation. T~is determination shall not become effective for a per~od of fourteen days from the date of determination, or, If appealed, untll a flnal determlnatlon is made on the ap- peal. Any appeal must be made in the form requlred by the Zon1ng Adminlstrator. The term of approval of this permlt shall expire two years from the permit's effective date, - 12 - e e unless a b~~lding permit has been issued for t~e project pr~or to t~e explrat~on date. ~ - ~ J. Wlt~~n t~~~ty (30) days after :inal approval of the proj- ect, a s~gn shall be posted en site statlng the date and nature of t~e appyoval. The sign shall be posted in ac- cordance with the Zoning Adminlstrator guidelines and shall remaln .ln place until a building perml t is lssued for the proJect. The sign shall be removed promptly when a bUlldlng peYr.:i t is issued for the pro] ect or upon ex- plration of ~he Condltlonal Use Permit. Speclal Conditlons ";0. A mlnimum 5 t mum 24% of reVlew. average setback shall be provided for a mini- 'the front buildlng elevation prlor to ARB ~:. Exterlor buildi~g walls shall not exceed a maXlmum height of 23' from average natural grade, except that portlon of the wall withln any roof gable. ~L. A minl~um of 100 square feet of prlvate open space shall be provided for Unlt E prlor to reVlew by the Architec- tural Review Board. :nclUSlonary Lnit Condit.lon 43. The developer shall covenant and agree with the city of Santa Monlca ~o the speclfic terms, conditions and restrictlons upon the possession, use and enJoynent of the subject p~operty, WhlCh terms, conditions and restY~ctions shall be recorded with the Los Angeles County Recorder1s Off.lce as a part of the deed of the property to ensure that two affordable units are provlded and ma.lntalned over time and through subsequent sales of the property. An ~ncluslonary requirement of at least thirty percent of the total nur.~er of units, excluding any density bonus un.lts under state Government Code Section 65915, shall be perma- nently affordable to and occupied by low and moderate in- come households of which at least fifty percent (50%) shall be affordable to households not exceeding sixty per- cent of the (HUD) Los Angeles County median lncome, with the balance of the incluslonary unlts affordable to house- holds with incomes not exceeding 100% of the (HUD) Los Angeles county median income, expending not over 30% of monthly income on housing costs, as specified by the Hous- ing Division of the Department of community and Economic Development. Such restrlctions shall be effectlVe for the lifetlme of the proJect. Ihis agreement shall be executed and recorded prlor to approval of the Final Map. Such agreement shall specify 1) responsibllitles of the developer for making the ~nlt(s) available to eligible tenants and 2) responsibill- ties of the City of Santa Mon::.ca to prepare applicat1.on - 13 - e e forms for poten~ial tenants, establish qualifications, and monltor compliance with of ~he agreeme~t. criteria :or ..\... I . ......e prOVlSlons Owner shall provide ~he City Planning Divlslcn w:.th a con- formed copy of the recorded agreement prior ~o approval of the Final Hap. This proviSlon :'5 intended to satisfy the inclusionary houslng requlremen~s of the Housing Element of the General Plan of the Clty of Santa Monica. Developer shall satisfy the obligations created by this Agreement by demonstrating to the Director of Planning compliance with ordinance 1577 (CCS), which provides lmplementat.lon standards for this program. 1. TE~TA~:VE TRACT ~~p CO~DIT~ONS ~ -' . ... . 6. i . All off Sl te lmprovements required by the City Englneer shall be .lnstalled. Plans and speclfications for off site lmprovements shall De prepared by a reglstered CiVll en- glneer and approved by the C.lty Englneer. A subdivlsion ~mprovement agreement for all off slte im- provements requlred by the City Englneer shall be prepared and a performance bend posted through the city Attorney's office. The tentative roan shall expire 24 months after approval, except as provided .ln the provisions of California Govern- ment Code. Sect:..lon 66452.6 and Sect~ons 9380-9382 of the Santa Honlca Hunicipal Code. Durl.ng this time perlod the final TIap shall be presented to the City of Santa Monica :or approval. ~o bUllding permlt for the project wlll be g~anted untll such t:.r:-,e as 'the final map :.s approved by the Santa Monica Clty Council. :n submlttlng re~~:.red materials to the Santa Monlca En- gineering Divlsion for a final ~ap, applicant shall pra- vlde a copy of the approved statement af Officlal Action. Prlar to approval of the final map, Condominium ASSOCla- tion By-Laws (if appllcable) and a -Declaration of CC & R's shall be revlewed and approved by the city Attorney. The CC & R' s shall contain a non-discrim:lnation clause as presented in Section 9392 (SMMC) and in the case of con- dominiums, contaln such provisions as are required by Sec- tion 9122E (SMMC). The developer shall prOVlde for payment of a Condornlnlurn Tax of $1,000 per saleable residential unit per the provi- sions of Section 6651 et seg. of the Santa Honica Hunicipal Code. The form, contents, accompanying data, and =iling of the f:.nal subdlvislon map shall conform to the provisions of - 14 - e e SeC":10ns 9330 ":~rc:.;.gh 933a (SHI'1C) and the Subdivls10n nap Act.. -=he ~equ~red. ?:.nal ilap :: iling fee shall be pald prlor to schedullng of ':he Final :.1ap for Clty Council approval. T~e form, contents, acco~panYlng data, and ::iling of the final parcel ~ap shall conform to the provlsions of Sec- tions 9350 through 9357 (SHMC) and the Subdlvislon Hap Act. 9. One ~ylar and one blue-llne copy of the final map shall be 9rovlded to and recorded with the Los Angeles County Re- corder pr~or to lssuance of any building permit for a con- dominlum proJect pursuant ~o Government Code 5ectlon 66499.30. Appllcant shall also p=ovide the County wlth a copy of thls Statement of Offic1al Action at the time the reqlll=ed copies of the map are sub~itted. A copy of the recorded map shall be provided to the Plan- nlng and Zonlng Divlslon before issuance of a BU11ding perrolt. Pursuant to Sec~lon 9366 {SMMC), ~f the subdlvider or any interes~ed person disagrees with any action by the ?lannlng CommlSS1on with respect to the tentative map, an appeal or cornplalnt ~ay be filed in wrlting with the city Clerk. No appeal or complaint may be filed after a ten day perlod from the commlssion's declsion on ~he tentative map. .:;ttachments: ?~e~ared by: Susan White, Assistant Planner .-,\.. liunic~pal Code and General Plan Conformance S~atlstical Informatlon Sheet ~et~er :rcm Richard Chang to staff dated 9/5/91. ~etter :rom Elleen Hecht to Paul 3erlan~ dated 6/26/91. ~etter from Richard Chang to Staff dated 10/10/91. Rad~us and Locat~on Hap Letters in Support and Protest of ProJect ?~otcgraphs of site and Surrounding Properties Plot Plan, Floor Plans and Elevat~ons 3. " -..... ::.. . :..:1 . ~. ..,. pc/p9:!..l s :~~Il =..:/26/91 - 15 - e ATTACHMENT A e MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE category ?e!::-'ltted Use ilora "Co:::- ~ u:n S-:.a":.1:s C,.;ell.:r.g Gni ts Helg~t of Buildlng ~u~ber of Stories Height of Walls, Fences Se1:backs Front yard 5ldeyard Rearyard ?yoJections Into Yards Lot Coverage ?arklng Access Land Use Element :!ul t:.- :: a::'.].. 1 y ?esid. Municipal Code :.!ul ti-famlly Res:dent~al. project Multi-family ReSldentlal. Subject to Ordinance 1577/ (6-month morator:um) 1/1500 sq. ft. parcel area. 30 ' 2 N/A 7,500/1500 sq. ft. = 5 \lnits. 30', pitched roof, 23' maxi~u~ wall height, 1:3 roof slope 2 3.5' nax. height, f.y., 6.0' :nax. height s.y. & r.y. 5 unlts 3D', pitched reof 20' to 28' maximum wall helght, 1:3 roof slope. 2 6.0' s.y. gate & wall. N/A 20' 20' N/A -" "7' I I triA " - , 15' (inc. 1/2 -:) alley} N/A N/A Alley access is encouraged tvhen alley exists. ?ark:.ng Space Number N/A No projection may None proposed. extend closer than 4' to any property ::ine. 50% Alley access is required when alley exists, with exceptions per Sections 9044.8-9. 50% Alley access provlded. 11 spaces required 11 spaces provlded - 16 - e T:-ash Area ~echanlcal Eq~lp. Screenl~g ::~::::n<:.yard Landscapl.ng Sldeyard Lar.dscap::..ng L'"nexcavated Sideyard Nor::l1 of Hilslre ?rlva~e open Space :nclus~onary :;nlts/Fee N/A filA N/A ~r/ A N/A N/A :rash enclosure ~~th mlnl~um 5-8' sol::..d ,.;alls and gate lS ~equlred. :lechanl.cal equlp- ~ent extendlng more than 12" above roof parapet shall be fully screened from a horlzontal plane. 50% of f.y. setback to be landscaped. 50% of both req. slae yard setbacks. 1, 4~ unexcavated s.y. required for parcel 50' wlde. 100 sq. ft. per unit. e 'I'rash enclosure at rear~ detal1s to be provided prior to ARB revieT,N . Mech. equlp. detalIs to be provided prior to ARB ~eVlew. Project complies. 50% landscapir.g provided for one side yard setback. 50% of both s.y. set~acks to be landscaped per N of W overlay standards. Project complles. Lnit A -lOa sq. ft. Unit B -100 sq. ft. Vnlt C -100 sq. ft. Unlt D -100 sq. ft. ~nit E - 92 sq. ft. (As conditioned, proJect compl::..es) 2 incluslonary units (1 low & 1 moderate income rental units required per ordinance 1577) - 17 - e e :--':-~ ~-1..~~J ~:.-2.s~I~C; -=~~-I~~l=~.-~ =I(~.l.CI :: ::. 5 =3 for .:>:nS~::::C[LJ:1 '~f =~'~e ::esl.::::.entlal 2o!1do'lllnlUn '.:nl::5 '-~li L'='::~J 5tr2~L. .:::anta ~~C;:!.22 '::1 \1:::~=I:].+L I\::=-'::;P:',U:::C\ ::'::{~E-= +'::"'-~!EER (:f :_-XTI5 3':;:ZE' -:otal- - - " .::; - t '" - 1 - 1 9 f ~ ~ L-+ - ~ -+ s 1':' - , ! ~ S ~ 1 ~4 5 s ~ 1 ,Q ) - JI.J ~ - )" E T .-,!" ~.-" -j 1. :C.1"EP AGE ~::::. Q"" . ----"-:: =- \:1LS~-',P:\G :rough~ :81e~ant open space and pr8vate o?e~ space jes~gnej tv ~8cal lancscape ~r2~ltect 13 i'C~ cS:;:I~LHED :3 ::LL2:\G PRICE _ -: 5 ::'i':'. , :>20, apprcxlma te ly, tLl S :'. S an est lma te onlv as t~e ~2al es:a::e a~~ cJnstructlo~ "arket caul::::' change drastlcally d~rlnf; ::"'e Jereloprre::t :::''1a5e ..--, V e e September 5. 1991 \ls Susan \VhIte City P1annmg DlVIslOn :685 ?\lam Street. Room 212 Santa MOnica. CalifornIa 90401-3295 Re' 911 l~th Street, VTT~l S05~3, CUP-91-015 Dear ~1s \VhIte I agree to a 50 day extentlon of the SubdIvIsIon Strearnlme deadlme for processmg the ~bo\e referenced project beyond the angInal Sept 27. 1991 eXpIratlOn date If you have any questIons please contact Eileen Hecht at 453-1888 ext , .,..,. j~1 F -' 1-<.---" .~: ~ J TiE 1 - -' _.' _.r;---_ Very truly yours, .r t". ,/ "--- e e _~ /.'l-- ~.. ;.~~./~J. u~ PAUL C. DESANTIS C~UL C D=:S,.1."JT s. S::...LL.....;o..t\.;..... L ~10LL-:::-'i....... I '-... ~ .1:~~~E~. ~.!:: .;:. .-~~.. .c~~ 3002 SA!\IT:> MONICA BOULEVARD SUITE C SA'\j~A :\"10'\iICA CALlFOR'\iIA 90404-2506 OF COU'\ISEL ..: _.., ,'- .'':F::J; :: I==':'.,~,"--~. . ~.. :. E.1:::;' ~~_Ep.--:~...E .:::~ --;~ :~88 -EL:':C:::!=--E~ ":!3", E:L9 10:-:'5 V~L_:::.. "'QJ:;;IyIAa,j AN:) VESI-IEK June 26. 1991 LI~~Ol ~lr Paul Berlam Director of Planmng Cay Planmng DI\'I<;lon 1685 ~lalO Street Room 212 Santa \fomca. Cahforma 90401-3295 . } -" ., Re ell1 l:th Street eLP QI-015, V1T\1 50532 Dear Mr Berlanr Thank you for agreemg to meet wah me and Council member Katz to dISCUSS this proJect's claim for exclusIOn from the Prop R Implementation reqUlremem I am enclosmg the relevant documents that mIght be helpful III our July 3 diSCUSSIOns Enclo<;ed vou wdl fmd the archItect'~ versIOn of the chronology of events ~ planmng comml"SlOn qaff report sheets 1 (cover sheet \V1th recommendation). C and J (mcluslOnary unn language) :. plannmg department projects list "howmg only 2 development apphcanons "..-nh fllmg dates between ~.farch 6 and ~hrch 25 4 Planmng Department correspondence ,howmg the project's "filing" date and "deemed complete" date 5 copIes of the "~doptJon date" and "appllcabllIty date" of Prop R enablmg Ordm:.mce. If you have any questIons. or need any additIOnal mformatIOn, I can be reached at 453-1888 ext 327 Thanks agam D e e \'fr Paul Berlant June .26. 1991 Page - .2 Very truly yours. EIleen Hecht Project Coordmator Enclosures cc \fon - \Vel Lm e e .I ;E~ :\'1emorandum To: Paul Bedam From: Edee:1 Subject: GI1 l~th Street. CCP 91-Ui5. V1T\f 505~3. chronology Date: June 26. 1991 c\rchltecrs LEE '{ A. '\0. ~711 Lon~ Beach Boulevard. ~ulte 423. Long Beach. CA 90807 ~ ~ 10/10/90 12/19/91 FeaQbllltv qudle, V enfled zonmg reqUlrements and apphcatlon procedures WIth Planmng Department De<;lgn development 1/2/91 - 1/25/91 216i91 2/20/91 Fmal de<;lgn, l.mdscape plans. Over-the-counter reVIeW of all plans for project by ParkIng and TraffiC Engmeer. Engmeenng Department, and City Planmng Department. 2/21/91 - :.; f7 191 Prepare submls~lon matenals 3/11/91 Received Parkmg and TraffIc sramped approval. Received Engmeenng Department stamped approval Informed for hrst time of Prop R Issue Planner at Planning Counter confirmed upcommimg ordinance, stated no cut-off date set. 3/13/91 SubffilsslOn ready for fllmg. 3/15/91 project application accepted for filing by Planning Department. It IS my understandmg that no mention was made of Prop R at thlS pomt. m fact. no further mennon \lv'as made of Prop R until the slaff report for the public heanng was prepared and the appl1cam was Informed that compl1ance WIth Prop R would be a condmon of approval 3/25/91 letter from project planner Susan \Vhite requestIng addmon of average natural grade computanon for each elevatlon and cross section Project "deemed complete" 3/27/91 The apphcam and hIS archnect have been dlhgemly workmg on thIS project smce early October of 1990 Both the archItectural and legal firms Involved \\1th thiS project (up to the preparation of the staff report) are located 1ll Long Beach. They had no knowledge of pOSSIble changes to the code unnl 4 days before they filed their plans. They rehed on e e ,nformatlon gIve:1 to them iJy the Santa \fonJCa Cay staff and had no reason to belIeve that their plans \...ere not m conformance 'J.Hh the local codes and reqmrernents ThIS applICatIOn \\as flIed nearly two weeks pnor to the actual adoptIon of the Intenm Prop R ImplementatIon Ordmance. 11us project compiles vmh the codes m effect at the tIme the apphcatIon was subnutted and should be exempted from the reqUIrement to comply 'Wlth provlSlOns of an ordmance that was subsequently enacted The only other 3pphcatlon that was caught lTI thIS no man's land IS a 4 urnt project at 1457 Berkeley fded on \farch 18 We do not know the specIfics of that case, but are merely pOlTItmg out that there are only 2 developments totalhng 9 umts m the enure Oty that are affected lTI thiS wav "lc.;.."\i...(-!l e :::? 9:2.-::': t ::~ .... - .... -- --. ...... -- - .....- 2.22] Ca', S"':~ee~ 5 ::-::.~ 2:::::1::0 =:.':ed 2...-;25/9:. :-e~~!" '-~::':::-e .a..........' 3~6-32.2S .'3:'0": 59:3-5::~J ::J5-::~~ Y~:e ~~=ee~ c:;p 9:-'::':, ......:':-~! ~:'2~6 '";ar:c1? ~c :::rd S...,:sa:1 S~ar~< ? :: :1 :."': C :: r-~ -:1 ~ ? :.::" eGo :;./.;./9: -""""1....- .-.., ............ . ... ~. - > , --....... -'- ---, ...----" - ..... -- -- .... ...... ....... '" ..... - -- -'-- :':.;2 :St~ .st~ee~ ~ ~"::~ -: C:;:::io =::~e~ 3../5/3:' .4 ~,!,..-,,:: Q'" _,-.,::::: ......--v ............. - - ......- I - -- - -.... =....:..:::.,; 31:" :. 2 :.:~ S ~=ee-: :: :::1:''::. Cer.de ?::.2.ed 3/15/91.. :~? 91-016, VTPM 22787 :~57 3erkeley Stree~ 4 LnJ..t Condo Filed 3/18/91 HPM 90-00l, \-.AR 90-039 2039-2045 :lth Stree'::. ~C~ ~~~e AdJ~s~~en~ Torca Cases _PC 150 2021 Clover=~eld TPC 134 638 Hi2.1 Street TPC 147 :621-25 Cent~r.ela :OPC 148 2331 28th Stree'::. TPC 149 2247 20th Street TPC 151 2249 20th Street Ga:Uj Sa :~~:-;.c::: 323-22';9 :-: e -. ~...: .f a::.- =.::- -: ...--~ -......-- "",.:;~-.-,,~= ;:(~ ::::a::-:i C:~a-g E::zabet.:: S::-C:.lr 372-B~33 Leo & ~ar:a~ a== R. :{l"-:.k.':essal C2:'3) 82C-3313 - 4 - e ..:r .- g:-..-Vi "3 ... .i- O.~ . / -' ~ S'..:.ci<.:'ey; c.c:r:. -:8 5/3 ~. ;.;~:. -: e ") ::cr:t "":.:: s/s { .... _.__......~- . r_"..;.J..... t 6/5 {.~h;..':e; Cont.:..n'..led (Mart~n) Cont:.r.ued (Whi te) 6(5 (Buckley) 6/5 (Buckley) 6(5 (3uckley) 6/5 (Buckley) 6/5 (White) e e ~~........ '-! _ ~ 11 ........ () /: s b. J.. ~ N-rr\ ~'1 0 -N I Cf-\ - _~"r'-J . ....../~~~~rr~-""'" _ < 4"r:;, P8.'~ s., :. .'j =;[:......,.... rc :~ ,. ~ C-, /"""\ .... ~ '::c-_ .::'3~:3.63~' '~/ -::--" '~,~~ -' :' :',:~,-' :'2 "i.r3.=-~:-.. ,:;, :'29::" ~~~~~~~ :~a~g ~ ~~~~y ~~ 9:"2. :.:'~~ st=~~': $a"'":":a ~~':~ ~':a , '2" a ::.,.... j ;" ........"1:...... 7 c2 : :~~~ St~ee~/:c~d~: C~~I ::-i.2~=:.~ :;: _ ':: ~= /'''.:8 s:::-g ~~Y':'3.";:'\.'e 7=a.c"; lJ';2!_ .........-" =5 - ~ ~ -;. ~.,) Je~~ ,~- C~2I:g: Yc~~ p~e~:~:~n~y s~-~~ta: G~ a~ appl:ca~~0n :or C:~d~t~o~?~ ~~~ ?e~it 91-0:5 ~~th ?c~o~pa~y:~~ d2~~ a~d ~e?O~~S f. = ~~op~r~y lcca~ed at 911 22th Stree~ ~as =een ~avie~E~ :~r =c~~leteness a~d is ~e~eby cee:ed ~~=~~9:s~e :C~ ::::~g. ~he following ~~eres a~e missi~g c= ~~ade~~ate and =ust b& sub~itted, comple~ed and/or co~rected as appropriate, be:ore p~ccessi~g of yo~~ applica~~o~ ~~y p~cce~d. Show the heigh~ of the st=~c~u=e fro: average r.at~ra: grade for each b~ild~ng elevation d~d cros5-sec~io~. ?u!'5~an": ::0 ~~~nici~al C:>de Sec't!.c'~ 9130.:: (::) I if t1;e :;-.ss::..::.g or ~nco7?le~e i~e~s a~e ~ot p~ovideC with~~ 30 days, your ~ppl~cat~cn wi:: ~s ~eened withd:ll~~ a~d t~l:l ~O~ ~e ?~~cessed - ..)0, Iur~uer. ?lease ccn":ac~ ~e at { ~ , "l '\ \-'_oJ/ ~58-a~~~ ~or details or clari!ication. sir.cerely, r t II J.L-...iL... ~ IrLMtJ . ~ - I:~...A...( Lj e e ~ SANTA o/:' MONI.CA City Planning DIVISion (213) 458-8341 1685 MaIn StrE Santa MonIca. CA 90401-32 March 27, 1991 Richard chang & Henry Wu 911 12th street Santa Monica, CA 90401 Re: 911 12th Street/ Conditional Use Permit 91-015/ Vesting Tentative Tract Map 50523 Dear Mr. Chang & Mr. Wu: The above referenced application is hereby deemed complete and accepted tor filing by the Santa Monica City Planning Division effective this date. This acceptance applies only to the specific project as defined by: Your preliminary application received: 3/15/91 Supplementary information received: 3/15/91 Project plan received: 3/15/91 Pursuant to Chapter 4.5, Section 65950 ot the California Government Code, the City ot Santa Konic& has six Monthe trom th~ date ot this letter to take final action on your proposed project, including any appeal periods. The required .iqn notifyinq the publio of the h..rinq date of this project must be ~o.tod ~ithin 30 d~y. of the date ot this letter and a ainimua of 10 day. prior to the Planninq commi..ion hearinq dat., .. .eated in the applic.~ion. The .iqn mu.t ramain in place throuqh the end ot the appeal p.riod or until the tinal determination of the ca... If the he.ring' date i. chanqed., cancelled. or otherwise r..cbe4ul.4, the ne. h.arinq date aust ~. place4 OD the aiqn at l.a.t 10 day. prior to the new hearinq date. Please let me know if you modify any aspect of your project while it is being processed. This acceptance of your application notwithstandinq, the City reserves the right to determine whether any subsequent project revision or combination of modifications - 1 - e e (such as a change i:-: the pro] ect concep':, scope, ~.elgn:', floor area, ~ses, parkIng re~u:remen~s, circ~lat:on pat:.err., po~nts of :ngress and egress, locat:on, etc.) rep:-esents a potent:.al for envlro~rnental :mpacts or are signIfIcant ~n any other resFec~. A signIfIcant change In the ?roJect or a serIes of c.:.:nulative :::hange MAY necessltate the filing of a r.ew applicac:on or an amended applicatlon which will be subject to a staff ~eVIeW for completeness and acceptance. Should thIs be re~~lred, :.~e new or amended appllca~lon shall be subject to new processl~g time llmits as establlshed in :.he California Gcvernment Code, Section 65950. ?lease be advised that ~o de~olit~on of any cuildings or struct~res tUllt prier to 1930 shall be pe~lt~ed ~ntl: the end of a 30-day reVIew perIod by the Landrnar~s Ccmmission to dete~,lne whet~er a landmark designation ~erlts formal consideration, per Code Section 9048.1. This lnfo~a~lon is ~eant to provide assistance In the scheduling of your project and should not be interpreted to be ccmDrehensive In na~ure. There may be other requirements to ::ulfill prier to issuance of a demolition permit. Please contact me at (213) ~58-a34l If you have any questions. SIncerely I 1 ~ . (/:b'- , / ,J. . / 'vtt t l.-.....- L. ,..rr LJ-" Sl~:!fan white Assistant Planner cc: Elizabeth Srour ~orman Yang Joseph Guimera SMW PC/dm911 03/27/91 - .:. - -C"'...-..A.. --::..... c::.;;=- e e --' --- ::TY ~~~~~:KG :IV:S:CN ~arj ~5e a~d :rar.sp~=~a~~~~ ~anage~e~~ :epar~me~t ~ E ~ ~ ~ A ~ ~ ~ ~ -=. -----....-:::;;....... ~ -~ ~ -- -'--"'--- -.....- --- - - ~ ..... ~-"-_._-"'-- -"-+ . _::~-~ -. .... - - - ;:;.;--- .....-- --~-- --- --+..... ----- ----.. ---- ------....- :~~~~~:~-~~ ~~~ ~~--- ".-..... ~.- -.-4 _ I -. -_ ""_-'1 ""es:.:.-:: :=;--:~-::..= :-:-:=..;::~ ~~a-:: :;:::523 - - *;~d:-=s.s : -::f__ _:-:.:-~ S-:~=e-: *;=:".:_ :":::3.::-''': ?~:~a=~ :~~rg i ~e~=~' ~~ -_....,.,.r... ~ - =_...____:-'1. "'::...=::-:.:. cr:. : .:;pp 1.:.. ca -=: =:1 --=-..... - -- a ':c;r:d:. -:':.=~al ::se ?er:1:'-: a:1d ?est.:..:!g :e::":.a-:,:,,,:,,,re Trac"': ~~ap -:':J pe~.l-:' ~~e CC:lst~t.:.c"t..:.c!""~ of a ~"./tITO s"tory, ::ve ~~1~ ~es~der~:a: =~l:dl~g (5 condc~~~:~~s) ~~ a 7500 s~~are -: ~-:. ?ar=el 1:1 ~r.e ~2 - ~;..~) ~ =-0".., ~ens~ ty ~l;.:" tlple Fam:.ly ~esJ..den- __~: & ~o~~~ of h~:s~:.re Over:ay) ~:s~r:c-:s. ?ecom!"enda~:or: Approval ~~~~ ~c~d:~ions. Pe~ 1 t St:-ea:n: .:..:-::~g :::xp:ra~:c;:, ::;at.e: I Septer"lber 2 7, :'991 S~bd.:..v:s:o~ Ac~:.cn Jeadl:~e: ';'olly 25, 1991 --~~ ~OCA~IO~ ~~J JESCRI?T!CN _ sabject ;roperty lS a 750C sq. ft. parcel :.ocated on the east- Slc.e c! :2<:h Steet between :daho Avenue and Washington Avenue ~av:r.g a :rontage of 50 feet. Sur~ounding ~ses consist of two, 2 s~cry ~ult:-famlly reslden~:.al str~ctU~e (R2-NW) to the nort~, a 2 story _-fa~lly str~ct~res (R2-~~) to ~he sou-:h, a 3 story :nul-:i-~~- J structure (R2-NW) to t~e east and a 3 story rnultl- :aml:Y ,,"':.ructure (R2-NW) ~o the west. Existlng on-slte uses in- c:~ 2 - 0, 1 stcry and O:1e, 2 story ~u~ti-!a~11y st~Uctu~es and ::"";C, story garages. ::::ere are :.....0 (2) ::'.a -:u:::-e ::a:;ncl::a ~:-ees (:nagnlflora) (l2U & 18u d:.amete:::-) on-s:.te. Zo::~!;.g ~:'st.r:.c-:: R2-(NW) La~d ~se D~s~r:c~: ~cw Derslty Mult.lple ~esident:.al & ~ort.h of Wllshlre Overlay Distr~cts ?arcel Area: 50' x :50' = 7500 s~are feet e e ::.'::::__.....=. - .::: =-....- '":..... 2~e=..: '" . ;::. ""--- ~ -= -- .p. -~~::.- .......---::::. - .... - .. '--' -;;;,.....- -- - ..... ...... ---. -- ... ----- .....~---- ................ -~-::::.-_..._- _..-~--~...... - - - 3~:''::' -,..........- -- ....-- -- ------- - __ s__~-e:: ~-----_.-_- - - - - - -...... ..... --- -- -- :-;;;-:_=:-e::i -::::e ?:.=---:.....; ~~ ... -- -.........----........ ::::.---_:-~ -:'''-::'5 ---.....--......- __a ........-.....__ s:a:':' ......-......--..- -.-.. -...... :;:------= ~==~~=s ~:= ;=~e~~_~: ~e~~:~ ~e~.~=~~:=- ~~:$ ~e~=~-:~~~:~~ s~a~: -~- "- - ::ec~:-'e e::e:::-:.:...e ~.-.- =. ::e:-:8:: -00 ::::..:.::-,,:ee:: ::::3.'./5 --=..,.-......- -:.::e ~a1:.e --= :',.e-:e~ ::-- a":. :.=~__ 1 ~~~ea_e-::', ~- ....... ~ ......-- <i =:~al ~e~er~:~a~:=~ :s -a~e ~~ ~~e ~~- ~-~ ~;;ca~ ~~s~ =e -a~e _~ ~~e :~=~ ~e~~~~ej ~; ~~e :=~:~~ ;=~~~~s~~a~=~t :-:::e -:e:-m ::=: 3;;::-=~"="'2. '=: :.:::s ;e~:L: ~ s::a___ ex;:_~e ~-........c ~ e3.~S =::-c.... ":.:~e ~e~7:'-:" 5 .;=:ec-:':~"'e :.a::.e. _~:eS5 a =_::~:~~ ~e~~~~ ~a5 cee~ _ss~e~ :=~ ~~e ;~==ec~ ;~~c~ ~2 ~~e ex~:~a~:~~ ~a~e. - -- - ... -. - - "'......- .. I......._......~ ~~ ____T :.:a":s a.=-C)....... =.:~=.: a;;p~:\="a:.. -; -:.:-:e ::::-~-;- .;:::.,- -- -- "- I ~ S::;-" s.::a:':" =e ;=s~e~ Q~ s~~e s~~~~~; ":......_E =-c.. ":2 -3.:::'~ .... a :. ...::- e :; : -::: e :3.;::: ~:: <P,; a _ . -: r-~ e 5 .:. g l". S:: a:' : .:: e ;: C 5 -:. e :i =::~~~:"::e "'_...a_ :..::e .....8"'1:..:-og ';'d:"",:..:;,,:.s-:..::-3.-:'C~ ::-.l:...-:ie2..:.:--es ~:::- -~:'~ s::a.~_ ::-e---a:...:-- ;:12ce ..-- ... ........ "--- a =:.::.1::'::-,;" ;e:-:-.:. ~ :"5 :'S5~...:ej -=-.- --.0. -_..-........::::l.-- _-J.- ...___ ~.i.,.",-..J---'- ~~e 5:g~ s~al: ~e =e~cved ~~c~;~:y ~~e~ a ~~:.._~:..~~ ~e~:..~ :..s _ssued :cr ~~e F~cJec~ C~ ~Fo~ ex- c:=a~~8L == ~~e Cordl~~onal ~se ?e~~~. S~ec:3l C~~d:~~0~S ~C. ~x~e~~c~ =~l:d~~g wal:s shall r.ot exceed a ~ax:~u~ ~elght ~f 23' f=cm average ratural grade. ~~. A ~:~:rn~m of :00 s~Jare feet of pr:vate cpen space shal: be ::::~ov lded ::lr :::11 t - prlcr to ~ev lew "':Jy the Archl tec- ~~~a~ Rev~ew 3oard. ~=l~5:~~ary ~~:~ C~~d~~:c~ ~2. :Ohe develcper sha_ _ covenant and agree wi-:.:: the C.:.~y 0: Santa ~cnlca to ~he spec~f~c ~erms, conditions and =estr~c~~ons upon ~he possesslon, ~se and enJoyment of ~he SUbJect property, wh~ch terms, condit~ons and restrict~ons shall be =ecorded Wl th the Los Angeles County Recorder IS Off:.ce as a part of ~.he deed of -:.he prcper-:y to ensure ":hat 'two affordable un~ts (5) is (are) provlded and ma~n- tained over time and through subsequent sales of ~he prop- erty. An lnclus~onary requ:rem~nt of at l~ast thir~y p~r- cen": of t~e tcta~ ~u~~er == ~~l~S, exc~~~l~; ar.y ce~Sl":Y bonus unl ~s \.:..nder state Goverr.men't. Code Sec~:.cn 65915, shall be permanently affordable ":0 and occupled by low and roderate i~corne households of WhlCh at least =if~y percent (50%) shall be affordable to households not exceeding s~x- ~y percent of the (BUD) ~os Angeles County median lncome, wlth the balance of 't.he lnclusionary units affordable to households Wl th lncomes not exceedlng 100% of ":.he (HUD) Los Angeles County median lncome, expending ~ot over 30% of ~onthly :ncome on housing costs, as spec~fied by the Hous~ng Divlslon of ~he Depa~~~ent of Commun~ty and - 12 - - e - ---.-.-- - - -.--- - - -.... -- ---- - - - ------....----- - s -.~___ .:2 .-.---......- - -- "--- -~- :._ e ----~-- - - - - - -....------- --" ----- -.-.- "-0---- __..... _.'":':"5 ::.::r:-ee--e.....-: S:"'"=_.- =e ::;-...:9:::.....:.=.::: =:---::: :::-~.=:::--=e::. ::::-:.=~ - ......--- ..... ~...... - ~ a._ - - . - -- H.:=.:: ~:;~ee--e--: .5..--:a_~ :;;: e:: _ = .:'" ~eS;~-5~~___~_=S :: -=:....~ e .:.. s :;: e. :- ~-....... ~3.-<:"~::; -:.::e -.. - ...... ...... -..... ...... =... ~.:~ 3'::':" e :.: e:'.:..:;:;: ~ e -::;:- ~:--:.s a -:: 2: ::.-es;:c:--s:..:::::.- __C:::~ :.....e ~=--:~ :~::-_::3. t.:: ;.=epa~e a;:~:'.:::3.~:-::- ~ :: ;::- s ;:-::-:e......~_~_ -"'-"'--c:; -- -..--' .=>c:;-.=-- _ -....-- ................- -- ~ ::::-::.e:-':"3 ~.....-- - ~- :::_.3.~_=:.:::~'"::':~S. ~:--:::. ......::....._"::;:- ::::"--~_:.~-:::e ~ _........ "::-..e ;:-~-~"::'5:':::::--S =: -:':-..e: ~ ::~ee-e ": : .. .. :-"" e ~ s :".. a:'=- ;: :- :. \." :.::. = :. :--.. = C _ __.:- ?=-~:-:""'_:.:--g :~". _5:'::7"'.. -"~ ..., - --... =. :::~-- : ~:::-:- ed ::: ~~~. ::;: :':--.e ?:s~~=':.e.:: a~::.-ae-er'l~ a;.;~::.~. ~_ -.;: --;::) --:-.-.::11 "=.,-, ____ _ _. __.- __.......~ t _~_:.s -.~_...... ~ -....., .:;--..... --.. -......-- __ .....:.e.-::e:: .....--~-_. ~~---~_. -:.:-.e _:-- :: ~ _ 5 :. :: ;'"' a :.-"::" ~~~S~~~ ~eq~_=e-e~~s ~: ~~e ~~~s:~g ~:e-e~~ =: ~~e G~~e~~: ::"a:;. .::: ~:-..e ;::'-:1- s: S=.:'':a ~~~:1:...=a40 :evelc;e= s~a:: sa~:s:y ~~e ~b:~;a~~~-s ~~ea~e~ ~y ~~:s ~q~ee~e~~ ~y ie~c~s~~a~:~q ~s ~~e ~:=ec~c~ 0: ;:~~~:-~ c~~p::a~ce ~l~~ Crdl~a~~e ~ , -~, CCS) r r....h:.:::: ;:~::;~::.~e5 :.:-;::'e:-eY":.':.at':::::1 s-.:and.ards ::::r ":~.:s ~::-::g~a:;'". :~~;-:~~~::":E ':'"R:;;'C-: ~~~;? C:~-lC:::-:.:~;S ,,;.: 1 of = 5:' tre ::-pro"/e7er-:s ~eqL.=.:..:-ed by ~::.e Cl ty :::~g :~eer shal~ be :nstalled. ?:ans ar.d spec::~cat:cns :cr off s~~e 12proverren~s shall be ?repared by a reg:s~ered C1Vl: en- g1~eer and approved =y ~~e C~~y E~gineer. .::; . A s~Cd~v:slon _~prove~en~ ag=ee~en~ :or al: o~~ s1te :m- p~ovements re~~~red ty t~e c:ty E~g~neer shall be prepared and a ~erfc~.ance bo~d pcs~ed ~~rcugh t~e C:~y At~c~ney's o:f:.ce. 7~e ter.~at~ve map shall exp~~e 24 ~onths after approval, excep~ as prov~ded ~n the prov~s:ons of California Govern- :nent Code Sec't.~on 66452.6 and Sections 9380-9382 of the Santa Monica Munic~pal Cede. Jur:.~g ~~is ~i~e period the f:nal map shall be presen~ed to the C1ty of Santa Mon~ca fer approval. No building perm~t for ~~e project w~ll ae granted untll such time as t~e final ~ap :5 approved by the Santa Mon1ca City Counc11o . ~ . :n submitt~ng requlred ~ate~ials ~o the Santa Mon~ca En- gi~eer~~g ~:v15~on :=~ a ::~al ~ap, a~~l~ca~~ shall pro- vlde a co;y of ~~e app~cved State~er.t of 0:::c1a1 Act~on. :J. Prlor to approval of ~he fl~al ~ap, Condom~~ium Assocla- tlon By-~aws (If applicable) and a Declaration of CC & Rls shall be reviewed and apprcved by t~e Clty Attorney. The CC &: R I s shall cor.-::a11'~ a non-dlSCrl:lUnation clause as presented i~ Sectlon 9392 ~S~C) and :n the case of con- domlniums, conta:n 5UC~ prov151ons as are requlred by Sec- ~10n 9122E (SMMC). e ~'.Ct:.::DE:~ " '- , j~ :3 usa~ ~\;h 1 te ?lar:n~r:.? 21"\:rlS':"Or: . ,::, 5 S ::3. u: St., ? 0 . Be x 22 C (: S~~ta ~on~ca, :A 904J7-2200 '.", 1_ . 5~-:~-::::=-=- : 12'[~ St. ?e!:"7:"~ St:-earrll:--.l~~:; CUP 91-015 & 3~8G~V:SlO~ ~~~e :::~ :e~~~tlve ~r~c~ ~ac ~C~234 ='ear SL:San: e :=.><;J::'Ta t2-2:" :2. te LIT~t to~ ~est~nG =~ respc~se ~G your letter dated 10/01/91, ~e agreed to t~e ?O cays ex:enSlOr. fer the Co~jl~lona~ Jse FerrIC 91-0"5. The -ew expIra:Ic~ ja~e til~~ be recr~ary i4, ~992 as stated 1~ '~'C~::- ~+--~oy- ~ ---- '-- '-'-"....... . rr'~' e 2. ~ so G. C C e ~ t -..-...- - -~....... ----"'---- '--_.~ t~e tne -"a1',"e::-::;f the 5ubc1'JIsIO:1.jead~~:-le :~r ?:a0r.l~~ CC~I~SS~O:1. C~ ~he ~e~ta~l~e :~act .....--'Y"".. ~a~ - .... - .- ....... ~ -..~. ~ ~ -' -- .::... -- . 5-=-r:cere~y, . ' "f'- ~< ......,., \1,J.~. vo-, -, 'i. Ii I . ( '1Y l - ~~. : c;- a. ~.:::. :~-=~c.n~ ';;11 12th. ":::-. :: a.I: t~ '''or: l C3. 1 C~..; 9040:5 .- \- e ~:'-'~-E=:\l-IO i ~ I.. >C'';: ~ '" . rr- '-' r i ~ (p')5) 1.- V ~ lJ'~a>_ 1 ,~_ .,- ~,.~..p'''''~~.~ ~~> ~ ^ )~ ~& :'o{-' . ~ I ~ -~' ~3~ I~, ' EUC_!:.' ~ i : i"'\: .1 '~ .'" ~J{; 1 :"t; ~ 0( .... .. · .. ",l11 , ~"'.:IioO.J"IV ~ i ~ '~~r ~ . - ~v.. :Lf-H 112DI 1m,. ~ ~ / ~/ ~ ~ 1//. ~/ s- ..: ,/ - >Ij ,. :_~.,'Et..J-"'\ : - ~S) -.l1.\)~\.~ ~~ID' . ~ - 10 ::::: .. .... .::3 LEGAL DESCRIPTtON L r;-; ',i f BLtJCg_ 39 ,r )AN-j"::" t4'J}ii{A -- ,PACT STREET ADDRESS 9N /} TH ( "TR{cT APPliCANT ~ ',c\'1 ClV"""~~~ ,,3"'0., .' RADIUS MAP FOR PLANNING DEPARTMENT City of Santa Monica CAUFORNJA t. " e STR::F .. .. .~ " .! 101 z I, ~ ..... I > <( < J t' . ~iv7, ~.t j - . i I - ~ 'J ^~ :' ~~ -..,. , ~B > -~ ~ :ID~ / // SiR-EE- l: '\ ~ - -I ' . , ~ . ~ I ~I '1 ~ : I ~ ~~, ~~ . - ~ ; 5T'IE~: ~ I ^ ~ ~- ~~ :IDVt~ ~< S-REE"':" i . I ~~, ;~- I Z I 4J. ~ 8 I> ~ ;; j 'Il' _~ ~ i .... ~ I :r: - <r> <C ~ c.. Lipa' - c \ 'S' CASE NO v.... -....." So 5 "Z.:s ZONE !- ~ J(~ DATE .' ~: I . _ i I I I Dr- . (..>.1......y PUBLIC '\,/\/' V HEAR ING DATE (,::>,/26 .-' ~ , Reference IS Alias Map Sheet No ReqUIred C; 00 I RadiUS ~ {~5 ';I-! 5;0 e e Robert A. Freeman 912 12th Street, ~6 Santa Mon1ca, CA 90403 - ~ -' .:- June 24, 1991 Clty of Santa Monlca Plannlng Dlvlsion, Room III 1685 Maln Street Santa Monlca, CA 90401 At~n: Susan Whlte RE: Cond1t1onal Use Permit 91-015 Gentlemen: Please be advlsed that I am a resident of 912 12th Street, Santa Monica, CA 90403. I have recelved an offlclal notlce wlth regard to the appl1cant R1chard Chang & Henry Wu, for the development North of W1lshlre. I have no obJection to the 5ald development. However, 51nce this development 15 taking place in a strict res1dential zone, it is respectlvely requested that the City of Santa Mon~ca exerC1se ltS discretlonary power In not perm1ttlng any constructlon to start sooner than 8:00 AM. It 1S my understandlng that 1f thls request and prohib1tion lS not made, all construct1on w1ll start at 7:00 AM. This 15 much too early In a 100% re51dent1al area. Than~~ou for your conslderatlon and attentlon to this matter. Ve~~ul~ yo~, .f /... ! l(:l ifl / - ------- ......--.- "-- J e e ~ (, J-:'<~1 'n /M ,/1.0 /10 ,~O I A W If J .t7, - :J,../ J, L.o1,/flL{ "'~v ~d">1.- Iff ~A ./ {l . 7 ivVr" ~ ,. , I .... I !'0%j~ ~a,~ ;:"r. -r- O~ I , / c..:.t,.A/ f ( :.; l../t.e...(.A' - ~ t f -' ~ .,; ~... ltt;;.. ;~~ zuluiz '. J ~ '--/ c--. C\ ::x =.. - , Q9/ , " ~J-CL7 1Yh, ;>,)U / Sl. --I-. _. /1/ ~ j! c" :;OrYl ~~.G~~1tf -01 vU" tJt ..~ h~ J : / t3 "fJ.b'7~t 0;7: S /~~ ()/ a- ~.~. /l>>1iu1 v f .; 0rt1 denY! ~ Ovt q t / ! ~ tf!.- itrffit d 0/ffL Y/. '~Jrr j I A"\ I: ~....1.--.r1I -I- -r ,/'. A .. . ---t J ,4vvvv I 0: ~UJ .~ 9 ~1.lffJ-L - :J/wf JA11.P/)~ (; 'j 11 ~ J f if _ :!Jf ~UjV! drYt:5. --!N~ 4A.p.~ ~ ufJltJ/UCd.- ; -I-- l j' /I I -J :'i !. J! r~ '-, c-fJ.l;'l tAl'1 J~ ./ I . : '~-+-I t.!1.AA{--,'~/) iA /1/]/;/11 :/) A / /'1/ . .' v i L J -- ~ ~ /../ V L.l:Vt .:::l/"~ '?/Y'.; (~."'7IV1. );, / ru.;.af (1t!ur1 /' 7/) tJJJ.d (")j /V1~?un jn1.J~.,vr '-....)/ / L '-..A.-- ,_ I , V .--'-i/ ~ '-;/(V f.AJ L/ V J "--<./ Vl ; ,J /1/'1, ,.J!, ,I / /: y /'/'(104- o--t .{,.'vl Ti'U/J T .~ :~f}l CV~ /fl 0 . . 0tt ~ CM/;n8U-'-~ r;(L~fwv1Lj- [Jill k . ( ~ ~~ ~ l~~v ~tLuA; ~L)~ ~ J {\ lJ ,~; t. {., (. 11....1 -+- ~U&y~ r ~ ~ P{)}t~, ~~Ct J~ \ J -+---<:. -4 'J J ~LG'tv1, ~,.. ~=:fft1:,tt ,a'lL ~~}r~.-y'U( :C:LJ~~j ~r: '- ~ 'I .J/~ t d- :,A _ .~-(- 0'J ~/n1.&;r JL~..~.'/1~ L..'i(Yl/~ ,_____ i .. J ,! t' to ~tJ:{ 0 CL.~~iLG0Jf ~ -C~ 01 S; p"QQ - , \ -. Jf-:- ' I I .~ ~ .'-...-;. . ~ -t-- :-. I ~,/ t /' ;,)iJ-u..0"t0 I~~ '~iuYT J.l~'vt,l4{ ~() 50-.'1 C\L '3JL-~- ..-~ .. ---, ~! e e r ~ 2ffYVl rnte/L~ , /"'. r:- "-(11 -1-- ~<~/l0U/1 .~~ ,611 j! (l'(1)iJ.At.CL ~ CJLd1AJ ~ Ciri ~tJ; ~ 011 ~ d /1:! ) ;' ir, , ~. Ii.. ""7 , · or ~ ceuL ~ ,fLUU'L'. ' v ~ avOJ10~ W ~ ~ tuc/I- oJ} ,. :1, ~/~ JJli4 ~ iJriw ~ fo-71eirr ~' ~{)~ G~~{- [W.. ~ 1l;1Miq cvm;yv~ ;{ /1' . -H' , ~ CfI/I --;tU /~~ .' .' .{fit {)1J!JJ7 :r:-^ ,'i ~ +- !r- -1-t- .'? d'V-I~UfJl 1=0 CQ)'L ~ l4U SQ.;rltL \ I J ~ ~_ {h r eJMJW11A~ J . 'J ~. "-I ! .... II :~<<~(. . .------- ~. I / \ ~~- ~-~(y~~ e e 2- .,-" tc :Jle l~~.: P~~nn_~~ _~~~s~c~ :.~as -"""Olrl 3t~ee't :::00""1 =an~~ ~=rlca~ c~ =={}U"}1. ,~ . ,.--!.f ''- V 20 :. e a ~ fY1 =-. L-\I h 1. t e : am ~rl~lnc reaarc~rg Ccndlt1cnal ~se ?erm1t ~1-01~ ~nlcn _S an appllcat18~ for ~~e c~nstruct~on cf a 2 story Wl~~ _OT~S, ~~ve ~nlt resldentlal conaom~nlum at Q11 12th 3treet. a~ a reslden~ on the qoo block o~ EWClld Street. clrectly ce~~rd ~re propOSEd bUlldlnq slte. I am wrltlnq ~o cppcse the ~ulld1ng of another conoomlnlUm bUllo1ng In tM1S area. ~y =~~OSl~10~ stems from the Tollowlng factors: . \ ~ I T~e area already nas ~any more conaaml~lum a~a apart~ent dwelll~gs than the small reslde~tlal street can ~anage. T~e aadltlon OT flve reSlC2~ces wlll aad ~~ ~arklng and ar~vlng conges~lo~ l~ thlS area. " - , . am extre~ely co~cerned about t~e l~flux c~ day ,,<JorKers ana 'foad trucks".-..IhlC'i -:-r-equent: bUlldl'lg Sl~es. ~tten canstructlon lllega:ly beglns before 7:00 am, and these trucks, Wh1Ch are a nUlsanCe both due to nOlce and ador-s they emlt, otten preceed the workers schedules by as muc~ as 20 mlnutes. ih1S means, ~n prac~lcal terms. that reS10ents ~n t~~s area can expect :0 De awoken shor:ly after 6:30 a.m.. Monoay through Saturday, ~a ~he sound of fOOd t,u~k ~orns. tr~c~s carrv~~g ~aterlals In and cut, and ~crkers who remaln on stree~ cor~ers or ~~ cars aWdltlng ~he t~me ~he~ t~ey can tegln work, ~dnY res~dents ln area. ~ysei+ ~ncluded. enjoy ou~doar actlvltles ~~Ch as ~alk1ng, _ogglng, runnlng, ana b1cvcl~ng on thlS street. ~lsh to call attentlon to t~e fact ~hat women who engage In these actlvltles are often verbally harassed by workers at constructlon sltes. Thus. a block. wnlC'-' "as been cons10er-ed '::;afe for women lS In danger of 0ecomlng an unpleasant and perhaps ~rl~hten1ng atmOSPhere wlth the addltlon of skllled and unskl1led laborers to the area. In s~m. eo ~ot ~el12ve that convertlng the curren~ cwelllng ~ntc a flve-~nlt condomlnlum lS l~ the Gest l~ter-ests of the reS1CentS ~lYlng ~n the lmmedlate sur~ound1ng. Although l~ ~ay brlng f:ranClal galn to the permlt s apollcants, who most :l~ely do not llve ~~ the area, It can only brlng annoyance, :Olse. tranSlent workers and Dotentlal danger- for the r2S1oents. ~oth male ana fe~ale, who already 11ve here, -hank you for conslderlng these comments. ......---, "-- f j)t, 13i1 Jc1~^J~r-- Dr. E. H. Wolkensteln e e r .. '" '- ~ ..,., :;c '-' ~ - ~ - ~~ - :r ..! 3 - ~ - ~ - ...... '=' JJ j n ~ ! "3- rt J - "T~ e -:;'>- -:;2:" ~ ~ ;. ::,:- :!: ~ =.." .~ -+ -=-;::2 .....:: ::: ~-"'. ......I~ ::;:;j J =Q-:I. j - 0:;; c l: ~ I\: e :.,,~ .., - ~ 4-....-...-.....1 ~ ! : ~V f'--___ .r-".\ ~; , ,~ f:lj ;_ J . '- - ~ ~ ttC/t .-~i /->---'ii" ( "---~ ':..- r_____.L-A ./ [;-"LJ ~. ''-U:.J c~ ti . L i)'~G-1-,--____ , , ~ -+r "" I, , "-..._'--," ....... V'l...~ /,' ':p '\~ L.- ,\ '. ) e r >E_ /--'~- /7 ~,-'" f.t f/lYTl~. ~/---V"'--- v' . .' ~~1~'- 'L" L; i .f " ;/1 " )')"1/:-10\ V G;1,rJ! v , i. , , '.r.I1~ .._ '~~/'J ~ / I I I i ; I I ! ..... , " .\ " " 1, '" 11;{J~,~~ ...-n,...--'"" .... .........f ~ _"'-- ----i .. ,0 L' .L_--.;, / ":c~~ . ,'-- LvY"-; . -,. ~, .C LA ---- '-?-...... :t" >-3 >-: :>' G ::::: 3: tr.: Z >-:3 : ::J : ~tll"""l .:1> MONICA SANTA . ._..~, ~~- r='....~ ::::__~i1,;~---:,,~~L~~.~"""':""'~"~ ~ ~~ ~ .. City Planning Dlvl'7t,on (:13) 458-8341 1685 Main Street, P.O Box 2200 Santa Monlcs, CA 90407 2200 october 1, 1991 Richard s. Chang & Henry H. Wu 911 12th street Santa Monica, CA 90405 Subject: 911 12th street/ Permit Streamlining Expiration Date for CUP 91-015 & Subdivision Time Limit for Vesting Tentative Tract Map 50523 Dear Mr. Chang & Mr. V~l: This .letter is to request a 90 day extension of the 6 month permit streamlining expiration date for CUP 91-015 from November 16, 1991 to February 14, 1991 and a waiver of the subdivision deadline for action by the Planning Co~ission on Vesting Tentative Tract Map 50523. One 90 day extension for the Condl. tional Use Permit is permitted by Santa Monica Municipal Code, Section 9131.11 and Government Code, Section 65957. The Code also allows for a waiver of the subdivision deadline for action by the Planning Commission with your consent. Please call me at 213 458-8341 if you have any questions. sincerely, ~~ ."c::: ... ~.{,t.. f~~ ;h~~e Assistant Planner \ , \ "- PCjm50day SW 10/01/91 - 1 - t::> ~ ..,: >- r:: ::r: :s:: tIJ z -:3 = = ~ 7E...u I a e ~ (ffJ~~ PAUL C. DESANTIS PAUL C DESANTIS'" SALLYANN L MOLLOY .A.LSO MEMBE~ OF NEW VO~K BA.~ 3002 SANTA MONICA BOULEVARD. SUITE C SANTA MONICA. CALIFORNIA 90404-2506 TElEPHONE (213) 453-1888 TflECOPIEA (213) 829-1476 OF COUNSEL M"'LLEV KOFFMA'" ......0 MESHEK s,t.NTA MONICA CALlFOR...IA December 4~ 1991 Members of the Santa Monica Planning Commission City of Santa Monica 1685 Main Street, Room 212 Santa Monica, California 90401-3295 Re: Item 10 B: CUP 91-015 VTfM 50523, 911 12th Street Dear Commissioner: Last night the City Council directed the City Attorney to prepare an ordinance implementing Proposition R' s 30 % affordable inclusionary requirement for residential development. The proposed ordinance will be available for public comment in January and is scheduled for first reading and adoption by the Council in early February. This ordinance, when adopted, will replace Interim Ordinance 1'577 referenced in the conditions of approval for this project. The proposed ordinance may contain compliance options that are not available in Ordinance IS77. We respectfully request that Condition 4~ be revised to allow the developer of this project to comply with any subsequently adopted Prop R implementation ordinance adopted prior to the fInal map approval of this project. We have discussed this issue with Susan White, the case planner for the project, and with Kenyon Webster. Both have agreed that this is an appropriate way of handling this 5 unit project. We request that the Planning Commission replace the fmal paragraph of condition number 4~ on page 13 with the revised language below. The City is contemplating adopting an ordinance implementing Proposition R's affordable inclusionary requirement for residential construction. At the applicant"s discretion.. in the event that an ordirumce implementing Proposition R is adopted by the City Council prior to the approval of the Final Map" the requirements of such implementing ordinance shall supersede this condition and L""' j....;.. ~ compliance by the Developer with applicable provisions and options contained in any such superseding ordinance shall constitute compliance with this condition. This provision is intended to satisfy the incIusionary housing requirements of the Housing Element of the General Plan of the City of Santa Monica. Developer shall satisfy this obligation by demonstrating to the Director of Planning compliance with Ordinance 1577 (eeS) or superseding ordinance which provides implementation standards for this program. We thank you for your consideratIon of this matter. Very truly yours, ~~ 4~-v- Eileen Hecht Plannmg Coordinator CC Mr. Paul Berlant, Planning Director Mr. Kenyon Webster, Principal Planner Ms. Mary Strobel, Deputy City Attorney CA:RMM:l1566a/hpc/pc C1ty Council Meet1ng 3-26-91 Santa Mon1ca, Californ1a ORDINANCE NUMBER 1577 (CeS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A SIX-MONTH MORATORIUM ON MULTIFAMILY RESIDENTIAL DEVELOPMENT WITH CERTAIN EXEMPTIONS IN ORDER TO COMPLY WITH PROPOSITION R AND DECLARING THE PRESENCE OF AN EMERGENCY AS THE CITY COUNCIL OF FOLLOWS: SECTION 1. Findings The City Council finds and declares: (a) On November the voters of the City of Santa Monica approved Propositi adding Section 630 to the City Charter to read as fO~~~: The City..6uncil by Ordinance shall at all / times/,{~qUire that not less than thirty ./ ./ p,rcent (30t) of all mUltifamily-residential j /housing newly constructed in the City on an / .. / I annual basis is permanently affordable to and occupied by low and moderate income ./ households. For purposes of this Section, "low income household" means' a household with ;, an income not exceeding Si~ percent (60t) \. . of the Los Angeles county \.dian 1ncome, adjusted by family size, as p~iShed from time to time by the United States Department - 4L1S - F :;:. t-3 t-3 :x:- l.: ::r:; z ~ Z -3 = '-:::l = CA:RMM:11566a/hpc/pc C~ty Counc~l Meeting 3-26-91 Santa Mon~ca, Californ~a ORDINANCE NUMBER 1577 ICeS) (Clty Councl1 Ser~es) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A SIX-MONTH MORATORIL~ ON MULTIFAMILY RESIDENTIAL DEVELOPMENT WITH CERTAIN EXEMPTIONS IN ORDER TO COMPLY WITH PROPOSITION R AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COu~CIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. F lnd1.ngs and Purpose. The Cl. ty Counc1.1 f 1.nds and declares: (a) On November 6, 1990, the voters of the Clty of Santa Mon1.ca approved Proposltlon R, add1.ng Sect1.on 630 to the C1.ty Charter to read as follows: The City Councll by Ordinance shall at all tlmes requ~re that not less than thirty percent (30%) of all rnult1.family-residential housing newly constructed in the City on an annual basis is permanently affordable to and occupied by low and moderate income households. For purposes of this Section, 1I1ow 1.ncome household" means a household W1.th an income not exceed1.ng Slxty percent (60%) ( of the Los Angeles County med1.an income, adjusted by family Sl.ze, as published from time to time by the United States Department - 445 - of Houslng and Urban Development, and Itmoderate lncome. household" means a household with an income not exceeding one hundred percent (100%) of the Los Angeles County median income, adJusted by family size, as published from time to time by the United states Department of Houslng and Urban Development. At least fifty percent (50%) of the newly constructed units requlred to be permanently affordable by this Section shall be affordable to and occupied by low income households. (b) On December 29, 1990, the C~ty publlshed notice that on January 8, 1991, the Clty Caunell would conslder Issues relatingj to the ~mplementation of ProposItion R including whether the thlrty percent (30%) reqUIrement of Proposition R could be met on site or off 51te, whether an in-lieu fee would be permitted, and whether the thirty percent (30%) requirement had to be met on a proJect by project basis. This notlce also provided that at the January 8, 1991 meeting, the Clty Council would conslder directlng staff to prepare an ordinance to Implement Proposition R. (c) Clty Staff prepared a ~taff report for the January 8, 1991 Clty Councll meeting identifying the issues that had to be addressed as part of the lmplementatian of Proposition R, suggestlng a process for obtaining pUblic input, presenting City staff's resolution of issues raised by Proposition R'sl - 446 - ~mplementat~on, and recommending that staff be directed to prepare an ordinance implementinq Propositlon R. (d) At its January 8, 1991 meeting, the City Counc~l d~rected staff to prepare an ordinance implementing Proposltion R and to return the ordinance to the City Council on February 26, 1991. ( (e) The Santa Monica Planning Commission, as well as other groups in the community, believed the schedule for the return of the ordlnance did not provide opportun1ties for adequate review of varlOUS alternative strategles for implementing Proposltion R. (f) At lts meetlng on February 19, 1991, the Clty Council deClded to reconslder whether an ordlnance should be prepared and scheduled for 1. ts next regular meeting a general discussion of 1mplement1ng strategies. (g) On March 5, 1991, the City counci 1 directed the C 1. ty Attorney to prepare an ordinance prohlbiting the filing of applications for market-rate residential housing until such time as the Council adopts an ordinance implementing proposition R excepting from the prohibition any proJect 1n which thirty percent (30%) of the units constructed on site are available to low and moderate income persons as prov1ded for in Proposition R. (h) The following ordinance is necessary to enable the City to meet the requirements of propositlon R. Proposition R mandates that on an annual basis not less than 30% of all multifamily residential housing newly constructed in the City be permanently affordable to low and moderate income households. Historically, multifamily residential housing developed in the C1ty has fallen far short of this 30t requirement. This trend - 447 - contlnues to date. Thus, unless this emergency moratorium is enacted, and only projects providing JO% affordable housing conslstent w~th Proposltlon R are exempted, the City will not be able to meet the mandate of Proposit~on R. This ordinance ensures that the City will comply wlth Proposition R while studying approaches for long-term implementation of the measure. SECTION 2. Moratorium. (a) Subject to the exemptions set forth in Section 3 of this Ordinance, a moratorium 15 hereby placed on the acceptance for process1ng of any applications for approval of tentative tract maps, tentative parcel maps, administratlve approvals, development review permlts, conditional use permits, or any other City perm~ts for the erection, construction, movlng, and ( excavatlon and grading for, any multi-family residential bUllding or structure. (b) Subj ect to the exemptions set forth in Section 3 of this ordinance, the Planning commission and City staff are hereby directed to disapprove all applications filed after March 5, 1991, for approval of tentative tract maps, tentative parcel maps, administrative approvals, development review permits, conditional use permits, or any other city permits for the erection, construction, moving, and eXcavat10n and grading for, any mUlti-family building or structure. SECTION 3. Exemptions. The following applications are exempt from the provisions of section 2 of this Ordinance: (a) Applications for approval of permits 1nvolving the erection, construction, enlargement, demolition, or moving of, - 448 - ( and excavation and grading for any multiple dwelling development intended for rental hous~ng for persons of low and moderate ~ncome or for sen~or citizens, and which development 1$ flnanced by any federal, state or City housing assistance program or owned by any non-prOfit organization, prov1.ded a deed restriction 1S recorded restricting the development to such purpose. (b) Appl~cations for approval of permits involving the rehabllitation or enlargement of existing dwelllng units. (c) Applications for projects filed prior to March 6, 1991. (d) Applications for approval of permits involving the construction and excavation and grading for, projects where the following requirements are met: (1) The applicant proposes that th1rty percent {Jot} of the total number units to be constructed on site by the applicant, excluding any density bonus units the appl~cant is entitled to under Government Code section 65915, shall be permanently affordable to and occupied by low and moderate income households as prov~ded for in this subsection. (2) For purposes of this subsection, If low income householdf1 means a household with an income not exceeding sixty percent (60%) of the Los Angeles County median income, adjusted by family size, as publ~shed from time to time by the Un~ted states Department of Housing and Urban Development, and "moderate ~ncome household" means a household with an income not exceeding one hundred percent (100%) of the Los Angeles County median income, adjusted by family size, as publ~shed from time to time by the United States Department of Housing and Urban Development. { - 449 - {3) At least fifty percent (50%) of the newly constructed units required to be permanently affordable by th~s subsect~on shall be affordable to and occup~ed by low ~ncome households. (4) The provisIons of Municipal code Section 9423(b), (c) , (d) , (e) , and (f), Municipal Code Section 9427, and Municipal code Sect~on 9428 shall be complied with as to such inclusionary units. (5) Prior to the ~ssuance of a building permit for a project exempt under th1S subsection, the applicant shall submit deed restr~ct~ons or other legal Instruments setting forth the obligations of the appllcant under this subsection for City reVIew and approval. Such restrictions shall be effectIve for the lifetime of the project. (6) The requirements of this subsection shall be made condlt~ons to the approval of any application filed pursuant to this subsection. SECTION 4. This Ordinance shall be of no further force and effect six months from its adoption. SECTION 5. This ordinance is declared to be an urgency measure adopted pursuant to the provisions of Section 615 of the Santa Monica City Charter. It is necessary for preserving the public peace, health and safety, and the urgency for its adoption is set forth in the findings above. SECTION 6. Any prOVIsion of the Santa Monica Municipal Codei or appendices thereto inconsistent with the provisions of this - 450 - Ordinance, to the extent of such inconsistencles and not further, are hereby repealed or modlfied to that extent necessary to affect the provislons of this Ordinance. SECTION 7. If any section, subsectlon, sentence, clause, or phrase of this Ordinance is for any reason held to be inval1d or unconstl tutlonal by a decision of any court of any competent jurisdiction, such decision shall not affect the validlty of the remaining portions of this Ordinance. The Clty Councll hereby declares that It would have passed thlS Ordlnance, and each and every section, subsection, sentence, clause, or phrase not declared lnvalld or unconstltut.lonal wlthout regard to whether any portion of the Ordinance would be subsequently declared lnvalld or unconstltutlonal. SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of thlS Ordinance. The Cl ty Clerk shall cause the same to be published once in the official newspaper wlthin 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: " -" ~........ ~ .; ~~ "'w- """- '-"-~"" ROBERT M. MYERS Clty Attorney ( - 451 - Adopted and approved th15 26th day of March, 1991. /1. d/ 6 p~ Mayor I hereby certify that the foregoing Ordinance No. 1577(CCS) was duly and regularly 1ntroduced at a meeting of the City Council on the 26th day of March 1991; that the said Ordinance was thereafter duly adopted at a meeting of the city Council on the 26th day of March 1991 by the following Council vote: Ayes: Councilmembers: Genser, Holbrook, Olsen, Vazquez, Zane, and Mayor Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Katz ATTEST: ,;1<4~n_ ~ ~ ~ City-Cle.rkl. - 452 - >- -3 -3 ;!>o r:. ::r: 3:: tt:: Z >-3 = ~ "' = . . CA:RMM:tp73/hpadv City Counc~l Meet~ng 3-3-92 Santa Mon~ca, Callfornla ORDINANCE NUMBER 161S(CCS) {C1ty Council Series} AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9420 THROUGH 9433 RELATING TO THE INCLUSIONARY HOUSING PROGRAM THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Sections 9420 through 9433 are amended to read as follows: SECTION 9420. Findings and Purpose. The City Councll finds and declares: (a) The city of Santa Mon1ca has a respons2b111ty to address the needs of its residents and residents in the region, from all social and economic groups, for decent, affordable housing, while at the same time maintaining an economically sound and healthy environment. (b) The Housing Element of the General Plan of the City of Santa Monica adopted on January 25, 1983, provlded for an inclusionary housing program to address - 1 - w._ the need for decent and affordable housing 1n Program 12. (c) The city Counc1l properly consl.dered and adopted the components of an lnclusionary housing program which would implement the goals of Program 12 at its meeting on March 10, 1987. (d) On June 28, 1988, the city council revised Program 12, adopting Ordinance Number 1448 (CCS) to implement those revl.sions. ( e) On May 1, 1990, the city council adopted Ordinance Number 1519 (CCS) on an interim basis, finding that the vast maJority of new housl.ng unl.ts ,being constructed 1.n the City of Santa Monlca were not affordable to persons of low, moderate, or middle lncome, that the current inclusionary requirements placed on new housing development were inadequate to allow the City of Santa Monica to provide sufficient numbers of new housing uni ts to persons of low" moderate, or middle income, that the current per square foot in lieu fee was inadequate to allow the City of Santa Monica to provide the number of uni ts which would be provided if the 1.nclusionary requirements - 2 - on new hous~ng development were met by provision of on site hous~ng units, and that it was necessary to amend the inclusionary Program on an interim ba$~S to allow completion of studies to determine the most appropriate on site and in lieu fee requirements. (f) On November 6, 1990, the voters of the city of Santa Monica approved Proposition R, adding Section 630 to the City Charter to read as follows: The city council by Ordinance shall at all times require that not less than thirty percent (30%) of all ~ multifamily-resident~al housing newly constructed in the Ci ty on an annual basis is permanently affordable to and occupied by low and moderate income households. For purposes of this Section, n low income household" means a household with an income not exceeding sixty percent (60%) of the Los Angeles County median income, adj usted by family size, as published from - 3 - tlme to time by the united states Department of Housing and Urban Development, and "moderate income household" means a household Wl th an income not exceeding one hundred percent (100%) of the Los Angeles County median income, adjusted by family size, as published from time to time by the Unl ted states Department of Houslng and Urban Development. At least fifty percent (50%) of the newly constructed units required to be permanently this sectlon affordable shall by be affordable to and occupled by low lncome households. (g) On December 29, 1990, the City of Santa Monica published notice that on January 8, 1991, the City council would consider issues relatlng to the implementation of Proposition R including whether the thirty percent (30%) requirement of proposition R could be met on site or off site, whether an in lieu fee would be permi tted, and whether the - 4 - th1rty percent (30%) requirement had to be met on a pro] ect by proj ect bas is. This not1ce also provided that at the January 8, 1991 meeting, the City Counc1l would cons1der directing staff to prepare an ord1nance to 1mplement Propos1tion R. (h) C1ty Staff prepared a staff report for the January 8, 1991 City Council meeting ident1fyinq the issues that had to be addressed as part of the implementation of Proposition R, suggesting a process for obtaining public input, present1nq City Staff's resolution of issues raised by Proposition R's 1mplementation, and recommending that staff be directed to prepare an ordinance 1mplementing proposition R. (i) At its January 8, 1991 meeting, the City Counc1l directed staff to prepare an ordinance 1mplementing Proposit1on R and to return the ordinance to the Ci ty Council on February 26, 1991. (j) The Santa Monica Planning Commission, as well as other groups in the community, believed the schedule for the return of the ordinance did not provide opportunities for adequate review of - 5 - var10us alternat1ve strateg1es for 1mplement1ng proposition R. (k) At its meeting on February 19, 1991, the City Counc1l deC1ded to reconsider whether an ordinance should be prepared, and sCheduled for its next regular meet1ng a general discuss ion of implementing strategies. (1) On March 5, 1991, the city Council directed the City Attorney to prepare an ordinance prohibi ting the filing of applicat10ns for market-rate residential housing until such time as the City council adopted an ordinance implement1ng Proposition R excepting from the proh1bition any project in which thirty percent (30%) of the units constructed on s1te are available to low and moderate income persons as provided for 1n proposition R. (m) On March 26, 1991, Ordinance Number 1577 (CCS) was adopted imposing restrictions on new multifamily housing to ensure compliance with Proposition R. This ordinance was due to expire on September 26, 1991. (n) On April 3, 1991, the Planning commission reviewed an outline developed - 6 - by staff on the ~ssues and ~nformat~on that would be presented as part of _ the analys~s on the alternative ~mplementation strategies. (0) On September 10, 1991, the city Council adopted Ordinance Number 1599 (CCS) extending the restrictions on new multifamily housing to ensure compliance wi th proposition R, pending the issuance of a staff report on a proposed implementation strategy under Proposition R, to allow public review and comment on the staff report, and to allow time for public hearings before the Planning Commission and City Council. This ordinance was due to expire on January 10, 1992. (p) On September 10, 1991, a report was issued by C~ty staff on the "Proposed Implementation strategy Under Proposition R," incorporated into a Sumln.ary Report and Technical Report on Proposition R. (q) On October 16 and October 25, 1991, the Plann~nq Commission conducted a public hearing on the proposed implementation strategy, and formulated a recommendation to the City Council. The Planning Comm1ssion requested a two or - 7 - three month extens10n morator1UIn ordinance residential development further public reV1ew Commissi~n cons1deration. (r) On November 19, 1991 the City Counc11 conducted a public hear1ng on the staff proposal, and requested that staff examine additional models and provide additional information to the City of the eX1sting on mul t1family to allow for and Planning council. (s) On November 26, 1991, the City Council adopted Ordinance Number 1609 (CCS) to ensure that the City of santa Monica would comply with Proposition R while further studying approaches for long-term 1mplementat~on of the measure. The ordinance was due to exp1re on April 10, 1992. (t) On December 3, 1991, the City Council directed the City Attorney to prepare an Ordinance implementing Proposition R which utilized an approach requiring the provision of on site inclusionary units in certain circumstances, and allow1ng the payment of an 1n lieu fee in other circumstances, as set forth below. The following ord1nance - 8 - is necessary to enable the ci ty to meet the requirements of Proposltion R. (u) According to the 1980 Census, 42.8% of all Santa Monica residents are of low or moderate income. Approximately 8,500 residents live below the poverty line. (v) The homeless population in the Santa Monica area is estimated to be between 3,000-5,000 persons. (w) Approximately 12,565 lower income households are paying more than one third of their income for housing. Over three-quarters of these are renters. When the cost of housing exceeds 30 percent, it becomes a burden, reduc~ng the money available for other necessary expenses. (x) ApproXlmately 2400 households 1n the City live in housing that is overcrowded. (y) The average sales price of a two-bedroom, single-family house in 1990 was $525,350 and a two-bedroom condomlnium averaged $351,108. The high cost of for-sale housing indicates that there are no opportunities for lower-lncome or moderate-income households to own homes in Santa Monica without aSslstance. - 9 - (z) Over 20 percent of Santa Mon~ca' s households are headed by senior cit~zens. Approx~mately 65% of the senior citizen households are renters. In 1980, senior families represented 20 percent of the families with incomes below the poverty level and 16 percent of the slngle person households living in poverty In the city. (aa) There is essentially no vacant residential land in Santa Monlca. New construction must occur on recycled parcels or on marglnal commercial or industrial land. When parcels are recycled which previously contained affordable housing, there is often a net loss In the total number of affordable houslng unlts provided, even with an incluslonary housing requirement. (bb) There is inadequate federal and state support for programs to assist the city in meeting lts affordable housing needs. SECTION 9421. Definitions. The following words or phrases as used in this Chapter shall have the following mean~ngs: - 10 - Developed Use. A use of land which includes either resident~al or commerc~al structures. Dwelling' unit. One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. Dwelling unit shall also include Single Room Occupancy unit. BUD. The united states Department of Housing and Urban Development or its successor. Inclusionary unit. A rental or ownership dwelling unit as required by this Chapter which is affordable by a household with low or moderate income. Ineo.. Eligibility. The gross annual household income cons~dering household size and number of dependents, income of all wage earners, elderly or disabled family members, and all other sources of household income. In Lieu Fee. A fee paid to the City by a developer subject to this Chapter in lieu of providing the required inclusionary units. - 11 - Market Rate unit. A dwelling un~t as to wh~ch the rental rate or sales pr~ce is not restr~cted by this Chapter. Maximum Allowable Rent. A monthly housing -charge which does not exceed 30% of the Los Angeles County low income (in the case of a low income unit) or median income (in the case of a moderate income unit), adjusted for household size, as published from time to time by the united states Department of Hous~ng and Urban Development. This charge shall represent full consideration for housing services and amenities as provided to market rate dwelling units ~n the project, whether or not occupants of market rate dwelling units pay separate charges for such services and amenities. Housing services and common area amenit~es include, but are not limited to, the following: parking, use of common fac1lit~es including pools or health spas, and utilities if the project is master metered. Notwithstanding the foregoing, utility charges for use of natural gas and electricity, to the extent indiv1dually metered for each unit in the project, may be passed through or billed directly to - 12 - the occupants of lncluslonary unlts ln the proJect in addition to maximum allowable rents collected for those incluslonary unlts. "Hod.rate" and "Low" Income Levels. Determined periodically by the City based on the united States Department of Hous1ng and Urban Development (BUD) estimate of median income in the Los Angeles-Long Beach Primary Metropol1tan Stat1stlcal Area. The two major income categor1es are: Umoderate incomeu (61% to 100% of the area median) and "low income" (60% or less of the area median). Further adJustment shall be made by household size as established by the City. The Planning Department shall make available a llst of moderate and low lncome levels as adjusted, WhlCh list shall be updated periodically by the City and filed w1th the City Clerk. Multi-Family District. Any zoning district in which multi-famlly dwelllng units are a permitted use. project. A residential development or land subdivision proposal for which City permits and approvals are sought. - 13 - SECTION 9422. Applicability. (a) An inclusionary requirement shall apply to all proj ects for which a development application was deemed complete after February 11, 1992, involving new construction of two or more residential market rate dwelling units or condominium or cooperative conversion of two or more dwelling units, or involving new construct1on of a single family home when it is replacing more than one dwelling unit in a multi-family district. An inclusionary unit requirement shall not, however, apply to tenant participating conversions governed by the prov1s1ons of the Tenant Ownership Rights Charter Amendment, Article XX of the Santa Monica City Charter. (b) A project not subject to this Chapter pursuant to subdivision (a) of this Section shall be subject to the provisions of this Chapter as they existed on the date the application for the proj ect was deemed complete, except that with respect to any project for which an application has been filed but not approved at the time this Chapter becomes - 14 - effect~ve, the applicant can elect to have the provis~ons of this Chapter apply to the project. SECTION 9423. Project Development Requirements. (a) This Chapter requires that not less than thirty percent (30%) of the total number of new dwelling units to be constructed in any proJect developed by an applicant at one location, designed for permanent occupancy, excluding any dens~ty bonus units to which an applicant is entitled under Government Code section 65915, shall be affordable to households of low- or moderate-income. SECTION 9424. On site and In Lieu Fee options. (a) The requirements of Section 9423 shall be met by prov~ding on site inclusionary units meeting the requirements of Sect~on 9425 in either of the following circumstances: (i) The project is on a site for which no Category C Removal permit was issued prior to February 18, 1992 (or was issued after February 18, 1992, but applied for prior to February 18, 1992), - 15 - and Wh1Ch the developed use on February 18, 1992, was mult1fam11y hous1ng and at least one dwelling un1t was rented at levels affordable to households of moderate income levels or if vacant on February 18, 1992, when last rented. (ii) The proJect involves the construction of 20 or more market rate dwelling units, excluding any density bonus units to which an applicant ~s entitled under Government Code section 65915. (b) The requirements of section 9423 shall be met either by providing on site inclusionary units meet1ng the requ1rernents of Section 9425, or by sat1sfY1ng the requirements of 9426, if both of the following circumstances apply: ( i) The proj ect 1S not on a site as described 1n subdivision (a) (i) of this Section. (ii) The proJect involves the construction of less than 20 market rate dwelling units, excluding any density bonus units to which an applicant 1S entitled under Government Code Section 65915. - 16 - (c) Whenever incluslonary units are provided on site, such units must comply wlth the requirements of Sectlon 9425. (d) Whenever the payment of an in lieu fee is allowed by this Chapter, such payment must comply wlth the requlrements of section 9426. (e) At the time of filing an application with the City's Planning Department for permisslon to develop multi-famlly market rate dwelllng units, the developer shall specify the number, type, location, size, and construction schedule of all dwelling units proposed to be developed and shall lndicate which of the dwell~ng unl ts, lf any, are intended to satisfy the inclusionary housing requlrements of thlS Chapter. (f) Once the developer of a project has elected to satisfy the requirements of this Chapter through the provision of inclusionary unlts on site, or through the payment of an in lieu fee, such option is determlnative for the life of the proJect. - 17 - SECTION 9425. On site IDclusionary Unit Development Requirements. (a) In determlnlng the number of inclusionary unlts requlred when on site units are provlded, any decimal fraction of 0.3 or more shall be rounded up to the nearest whole number. (b) Incluslonary units shall, whenever reasonably possible, be evenly distributed throughout the project. The applicant may reduce either the size or interlor amenlties of the inclusionary units as long as there are not significant identifiable differences between incluslonary and market rate dwelling unlts vlslble from the exterior of the dwelling units and the size and deslgn of the dwelling units are reasonably consistent with the market rate units in the proJect, provided that all dwelling uni ts conform to the requirements of the applicable Building and Hous~ng Codes. Inclusionary unlts provlded shall have at least the same number of bedrooms as the average dwelling unit in the proJect and if the floor area of the inclusionary units is not the same as the floor area of the market rate dwelling units at the - 18 - proJect, each of the inclusl.onary unlts shall satisfy the following minlmum total floor area, depending upon the number of bedrooms provided: o Bedroom 1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms 500 square Feet 600 square Feet 850 Square Feet 1080 Square Feet 1200 Square Feet (c) All l.nclusionary units in a proJect or a phase of a project shall be constructed concurrently with the construction of market rate dwelling units in the project or phase of that project. (d) On site inclusionary units must be rental unl. ts in rental proj ects . In ownership projects, incluslonary unlts may be either rental units, or ownership units. Ownership units shall comply wlth requirements concerning sales prlce, monthly payment, limi tad equi ty , and resale restrictions established by Resolution of the City Council to ensure that subsequent purchasers are also income-qualified households. (e) If only one incluslonary unit is required, such unit must be affordable - 19 - to low ~ncome households. The second inclusionary unlt prov1ded may be affordable to moderate lncome households, and alternating thereafter. (f) Whenever 1nclusionary unlts are required by this Chapter, the requirement may he satisfied at the developer's ~iscretlon by providing 100% of the units in the project affordable to moderate income households, provided that all such units meet the requirements of subsectlons (b) and (d) of thlS section, and Sectlons 9429, 9430, and 9432. SECTION 9426. In Lieu Fees for Inclusionary Rousing. (a) Whenever thls Chapter allows the payment of an In lieu fee, the required incluslonary unlt number shall be determ~ned as follows: Number of units in the proJect, (excluding density bonus units) x 30% = required inclusionary unit number. The first inclusionary unit required shall be affordable to low income income households, and the second to moderate lncome households. Additional inclusionary units shall alternate between low and moderate lncome units. Any - 20 - fractlon of a unlt requlred shall not be considered either a low or modera~e income unit. An in lieu fee may be paid only for low income unl ts required, and any fraction of a unlt required. All moderate income units requlred shall be provlded on site. The fee shall be determined as follows: (i) For any low income unlt, the in lieu fee payment requlred shall equal the inclusionary unit base price, as established in subdivision (c) of this section. (ii) For any fraction of a unit required, the ln lieu fee shall equal the lnclusionary unit base prlce times the fraction of a unit required. (b) The fOllowing chart lllustrates the in lieu fee payable, the number of on slte inclusionary units requlred, and whether such units must be affordable to low or moderate income levels, using, for illustrative purposes only, an inclusionary unlt base price of $60,000: - 21 - NO. UNITS BUILT EXCLUDING DENSITY BONUS MODERATE INCLUSIONARY UNITS ON SITE FEE 2 0 $ 36,000 3 0 54,000 4 0 72,000 5 0 90,000 6 0 108,000 7 1 66,000 8 1 84,000 9 1 102,000 10 1 120,000 (c) For purposes of thlS Section, the incluslonary un~t base prlce shall be established and adjusted from time to time by Resolution of the City Council based upon the cost to the City of SUbsldizing the construction of a new residentlal unlt. (d) Fifty percent (50%) of any fee required pursuant to this section shall be paid prior to the issuance of a Building Permit for the project. The remaining fifty percent (50%) shall be paid in full before a Certificate of Occupancy is - 22 - lssued for any unlt 1n the houslng proJect. (e) Any fee requlred by th1s Section shall be secured by execution of an irrevocable letter of credit in favor of the city or other security acceptable to the City for the total amount of the obligation. The letter of credit or other acceptable security shall be delivered to the City prior to the lssuance of a bUllding permit for the housing development. The letter of credit or other security shall be released and returned to the developer immediately upon payment in.full of the in lieu fee. (f) Any payment made pursuant to this section shall be deposited in a Reserve Account separate from the General Fund to be used only for development of low income housing. (g) If an lieu fee is paid pursuant to this Section, such payment shall not be considered provision of an inclusionary units for purposes of determining whether the housing development qualifies for a density bonus pursuant to Government Code Section 65915. - 23 - SECTION 9427. Fee Waivers. The Condomlnlum and cooperative Tax descrlbed ~n Sectlon 6651 of the Santa Monlca Municipal Code and the Park and Recreation Facilities Tax established ln Chapter 6C of Article VI of the Santa Monica Municipal Code shall be wai ved for required inclusionary and for low and moderate income dwelling units developed by the City or ltS deslgnee using in lieu fee funds. However, any developer who elects to pay an in lieu fee shall not be eligible for any fee waiver under this Section. SECTION 9428. Density Bonus and other Incentives. ProJects which meet applicable requ~rements of State law as a result of inclusionary unlts are entitled to density bonuses or other incentives ln accordance with the provisions of such law. SECTION 9429. Pricinq Requirements for IDclusionary Units. The city council shall, by Resolution, on an annual basis, set maximum allowable rents and maximum allowable purchase prlces for inclusionary units, adjusted by the number of bedrooms. - 24 - Such maXlmum allo\Yable rents and max~mum allowable purchase prlces shall be set at rates such that qualified occupants for low income units pay no more than thirty percent (30%) of the gross monthly household income for households earnlng 60% of the median income. Qualified occupants for moderate income units shall pay no more than 30% of the gross household income for households earning the median income. SECTION 9430. Eliqibility Requirements. (a) Only law- and moderate-income households shall be eligible to occupy or own and occupy lnclusionary units. The City shall develop a list of income-qualified households which gives priority to persons who have been evicted pursuant to the ElllS Act, Government Code Section 7060, persons residing in Santa Monica, and persons working in Santa "Monica. Developers shall be requlred to select households from the City-administered list of income-qualified households. The City shall develop adminlstrative gUldelines for the tenant - 25 - and purchaser selectlon process, which shall requlre, at a minlmum, that 80% of the lnclusionary units in a proJect be leased and occupied wlthin 60 days of issuance of the certlficate of occupancy for the project, or sold and occupied wlthln 120 days of issuance of the certificate of occupancy for the project, and that any vacancies in lncluslonary units shall be leased and occupied within 30 days of vacancy, or sold and occupled within 120 days of vacancy. (b) The following individuals, by virtue of their position or relat~onship, are ineliglble to occupy an inclusionary unit: (l) All employees and officials of the City of Santa Monica or its agencles, authorities, or commissions who have, by the authority of their position, policy-making authority or influence affecting City housing programs. (2) The lmmediate relatives, employees, or other persons gaining significant economic benefit from a direct business assoclation with pUblic employees or officials. - 26 - (3) The lmmedlate relat:l ves of the applicant or owner, including spouse, children, parents, grandparents, brother, sister, father-in-law, mother- in-law, son-ln-law, daughter-ln-Iaw, aunt, uncle, niece, nephew, sister-in-law, and brother-in-law. SECTION 9431. Relation to onits Required by Rent control Board. Low- and moderate-income dwelling units developed as part of a market rate project, pursuant to replacement requirements of the Santa Monica Rent Control Board, shall count towards the satisfaction of this Chapter if they otherWlse meet applicable requ:lrements for thls Chapter including, but not limited to, the income eligibllity requirements of the Chapter, deed restrlction requlrements, and pricing requirements. New inclusionary uni ts required by the Rent Control Board which meet the standards of this Chapter shall count towards the satisfactlon of this Chapter. SECTION 9432. Deed Restrictions. Prior to issuance of a building permit for a proJect SUbJect to the requirements set - 27 - forth 1n thlS Chapter, the applicant shall submlt deed restrlctlons or other legal instruments settlng forth the obligation of the applicant under thlS Chapter for ci ty - review and approval. Such restrictions shall be effectl ve for the lifetime of the project. SECTION 9433. Availability of Government subsidies. It is the intent of this Chapter that the requirements for the inclusionary units shall not depend upon the availabil1ty of federal or state hous~ng subsidies. This Section does not, however, preclude the use of such programs or subsldes. SECTION 9434. Enforcement. No bU1ldlng permlt or occupancy permit shall be 1ssues, nor any development approval granted, for a proJect WhlCh is not exempt and does not meet the requirement of this Chapter. All lnclus10nary units shall be rented or owned in accordance with this Chapter. - 28 - SECTION 9435. Relation to units or Fee. Required Pursuant to Future ordinances Implementing Program 10 of the City's Housing Element. Low- or moderate-income dwelling unlts constructed to meet the requirements of this Chapter, or in lieu fees paid to meet the requirements of this Chapter, shall be credited toward requirements for On site replacement units or fees required pursuant to any ordinance implementing Program 10 of the city's Housing Element. SECTION 9436. Annual Report. The Houslng Department shall subro~t a report to the city Councll on an annual basls which shall conta~n information concerning the implementatlon of this Chapter and whether the provlslons of Proposition R have been met. In the event the provisions of Proposltion R have not been met, the City council shall take such act10n necessary to amend the provisions of this Chapter or its implementation to ensure that the provisions will be met. - 29 - SECTION 2. Ordinance Number 1609 (CCS) lS repealed. SECTION 3. Any provislon of the santa Monlca Municipal Code or appendlces thereto l.nconsistent wl.th the prov1s1ons of thJ.s Ordinance, to the extent of such inconsistencles and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 4. If any section, subs~ction, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstltutional by a declsion of any court of any competent jurlsdiction, such decision shall not affect the validity of the remalning portions of this Ordlnance. The city Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstltutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconst~tutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be publlshed once in the offlClal newspaper wlthin 15 days after its adopt1.on. Th1.S ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~~ ~''-l) ROBERT M. MYERS City Attorney - 30 - Adop~ed and approved t~~s 3rd day of March, 1992. Hay~pe dore I hereby certify that the foregoing ordinance No. 1615(CCS) ".vas duly and regularly ~ntroduced at a meeting of the City Council on the 18th day of February 1992; that the said Ordinance #as thereafter duly adop~ed at a meeting of the City council on ~he 3rd day of March 1992 by the following Council vote: Ayes: Counc~lmembers: Olsen, Vazquez, Zane, Abdo Noes: Councilmembers: Holbrook, Katz Abs~ain: Councllmembers: None Absent: Counc~lmembers: Genser ATTEST: ~~~M~ - ci ty Clerk I --- ::- '-:l t-3 :::0 '1 ::: 3: "':l Z ~ : - - NOTICE OF DEVELOPMENT PROPOSAL To: Concerned Persons From: The City of Santa Monica subject of Hearing: Appeal of a Planning Commission Condition of Approval relating to interim Ordinance 1577 (CCS) (proposition R) (Inclusionary Unit Condition #43) for CUP 91-015 and VTTM 50523 to allow the construction of a two story, five unit residential condominium project at 911 12th street. Ordinance 1615 (CCS) relating to inclusionary housing was adopted March 3, 1992. Applicant: Richard Chang & Henry Wu Appellant: Eileen Hecht for the Applicants A Public Hearing will be held by the city council on the following request: Appeal of a Planning Commission Condition of Approval for CUP 91-015 and VTTM 50523 requiring that 30% of the total number of units are deed restricted as inclusionary rental units. TIME: TUESDAY, April 28 , 1992 AT 7:30 P.M. LOCATION: COUNCIL CHAMBER, ROOM 213, CITY HALL 1685 MAIN STREET, SANTA MONICA HOW TO COMMENT: The City of Santa Monica encourages public comment on this and other projects. You or your representative, or any other persons may comment at the city council's public hearing, or by writing a letter. Letters should be addressed to: City Council, City Clerk's Office 1685 Main Street, Room 102 Santa Monica, california 90401 MORE INFORMATION If desired, further information on any application may be obtained from the city Planning Division at the address above or by calling (310) 458-8341. The meeting facility is handicapped accessible. If you have any special needs such as sign language interpreting, please contact the Office of the Disabled at (3l0}45S-S70l. - I - Pursuant to California Government Code section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the Public Hearing described in this notice, or in written correspondence delivered to the city of Santa Monica at, or prior to, the Public Hearing. Esto es un aviso sobre una audencia publica para revisar applicaciones proponiendo desarrollo en Santa Monica. Esto puedo ser de interes a usted. S i deseas mas informacion, favor de llamar a Elsa Gonzalez en la Division de Plantificacion al numero (310) 458-8341. PCWORDjtempccpn pcjnt015 SMW APPROVED AS TO FORM: D. KENYON WEBSTER Principal Planner - 2 - );:l -3 .." :;:- (") :::: ::s: t>:: Z ..." = f-' = e e ~@~o/ PAUL C. DESANTIS PAUL C DESANTIS* SAllYANN L MOllOY *ALSO MEMBER OF NEW YORK BAR 3002 SANTA MONICA BOULEVARD, SUITE C SANTA MONICA, CALIFORNIA 90404-2506 TELEPHONE (213) 453 1888 TElECOPIER (213) 829-147p OF COUNSEL MALLEY KOFFMAN "'''"'0 MESHEK SANTA MONICA CALlFOR"IIIA February 6, 1992 linoo2 Ms. Susan White City Pla!lning Division 1685 Main Street, Room 212 Santa Monica, Cal1fomla 90401-3295 Re; 911 12th Street. CUP 91-015. VITM 50523. Appeal Heanng Dear Ms WhIte: ThIS letter is to formally consent to a 60 to 90 day contmuance, from the February 4, 1992 hearing date, of the City CouncIl hearing of the Appeal of CondItIonal Use Permit 91- 015. If you need anythmg further, I can be reached at 453-1888 ext. 327. Very truly yours, - ,--, -&~ ~~ Eileen Hecht Planmng Coordmator ~ iB 00 .:::;-. --< -< ;!?~ :boo t..., ;MI!: 1 ~ ~::.. :-~- ~ L."J-_i ... - o 18 I\.j Q) rJ--"" ~ :!!'~ ..--);....0- 1'1;: ,. I_ .- ~ , "' ~ @~o/' PAU L C. DESANTIS PAUL C DESANTIS. SALLYANN L MOLLOY"" ."LSO MEMBER O~ NEW VOR'" B.*R 4.ALSO ME....BEF:t OF PEN~SYLVANIA BAR 3002 SANTA MONICA BOULEVARD. SUITE C SANTA MONICA. CALIFORNIA 90404.2506 "TELEPHONE t213) 4531888 TELECOPIER 1213) 8291416 OF COUNSEL >II"LLEY KO'FI'>II"'" "NO MESKEK ::l> 1-3 >-3 > o ..... ..... s: t:::: Z t-3 June 26, 1991 LINNOl c:...., Mr. Paul Berlant Director of Planning City Planning Division 1685 Mam Street, Room 212 Santa Monica, California 90401-3295 1(1; Re~ 911 12th Street: CUP 91-015. VITM 50532 Dear Mr. Berlant: Thank you for agreeing to meet With me and Councilmember Katz to discuss this project's claim for exclusion from the Prop R implementation requirement. I am enclosmg the relevant documents that might be helpful in our July 3 discussions. Enclosed you will find: 1. the archItect's version of the chronology of events 2. planning commission staff repon sheets 1 (cover sheet with recommendation),12 and 3 (inclusionary unit language) 3. planning department projects list showing only 2 development applications with filing dates between March 6 and March 25 4. Planning Depanment correspondence showing the project's "filing" date and "deemed complete" date 5. copies of the "adoption date" and "applicability date" of Prop R enabling Ordinance. If you have any questions, or need any addItional information, I can be reached at 453-1888 ext. 327. Thanks again. rH Mr. Paul Berlant June 26, 1991 Page - 2 Very truly yours, , -I'J '" -... - ~ //.,. / r........ ~/~-t.--z ~,! .J...-~ Eileen Hecht Project Coordinator Enclosures cc: Mon - Welun t? :r IE.....A--\. I Memorandum To: Paul Berlant From: Eileen Subject: 911 12th Street, CUP 91-015, VITM 50523, chronology Date: June 26, 1991 Architects: lEE. YANG. 3711 Long Beach Boulevard, Suite 423, Long Beach, CA 90807 10/10/90 12/19/91 1/2/91 - 1/25/91 2/6/91 2/20/91 Feasibility studies. Verified zoning requirements and application procedures with Planning Department. Design development. Final design, landscape plans. Over-the-counter review of all plans for project by Parking and Traffic Engineer, Engineering Depanment, and City PJ~nning Depaiiill.ent. Prepare submission materials. Received Parking and Traffic stamped approval. Received Engineering Department stamped approval. Informed for first time of Prop R issue. Planner at Planning Counter confirmed upcommimg ordinance, stated no cut-off date set. 3/13/91 submission ready for filing. 3/15/91 project application accepted for filing by Planning Department. It is my understanding that no mention was made of Prop R at thi!i: point, in fact, no further mentIOn was made of Prop R until the staff report for the public bearing was prepared and the applicant was informed that compliance with Prop R would be a condition of approval. 2/21/91 - 3/7/91 3/11/91 3/25/91 3/27/91 letter from project planner Susan White requesting addition of average natural grade computation for each elevation and cross section. Project "deemed complete". The applicant and his architect have been diligently working on thi~ project since early October of 1990. Both the architectural and legal firms involved with this project (up to the preparation of the staff report) are located in Long Beach. They had no knowledge of possible changes to the code until 4 days before they filed their pl~J'J.- They relied on p -cc ...,""' - - miormation given to them by the Santa Monica City staff and had no reason to believe that their plans were not in conformance with the local codes and requirements. This application was filed nearly two weeks prior to the actual adoption of the Interim Prop R Implementation Ordinance. This project complies with the codes in effect at the time the application was submitted and should be exempted from the requirement to comply with provisions of an ordmance that was subsequently enacted. The only other application that was caught in this no man's land is a 4 unit project at 1457 Berkeley filed on March 18. We do not know the specifics of that case, but are merely pointing out that there are only 2 developments totalling 9 units in the entire City that are affected in this way. IU'\t'IoIhll--il v I"lc='........... .L. <c:- v __ CITY PLANNING DIVISION Land Use and Transportatlon Management Department M E M 0 RAN DUM :' ;....: ~ : _~~e - - , 1991 -", . -"". :~e ~onorab:e ?:ar.~~~g Com~~ss~on =~CI:~ II ?:an~:':lg St.aff SC3~~C:: Co~d~~ior.al rse ?e~lt 91-015, ~es~~~g Ten~a~lve :=act Map 50523 Address: Applicant: 911 12t.h St::-eet Richard Chang & Henry Wu SL""!-21ARY Actlon: Application for a Conditional Use Permit and Vesting Tentatlve Tract Map to permit the construction of a two story, five unit residentlal building (5 condominiums) on a 7500 square foot parcel in the R2-(NW) (Low Density Multiple Family Residen- tial & North of wilshire overlay) Districts. Recommendation: Approval with conditions. Permit streamlining Expiration Date:,. september 27, 1991 Subdivision Action Deadline: July 25, 1991 SITE LOCATION AND DESCRIPTION The subject property is a 7500 sq. ft. parcel located on the east- slde of 12th steet between Idaho Avenue and Washington Avenue having a frontage of 50 feet. Surrounding uses consist of two, 2 story multi-family residential structure (R2-NW) to the north, a 2 story multi-family structures (R2-NW)- to the south, a 3 story multi-family structure (R2-NW) to the east and a 3 story multi- family structure (R2-NW) to the west. Existing on-site uses in- clude two, 1 story and one, 2 story mUlti-family structures and two, 1 story garages. There are two (2) mature magnolia trees (magniflora) (12" , lB" diamet:er) on-site. Zoninq District: R2-(NW) Land Use District: Low Density MUltiple Residential , North of Wilshire Overlay Districts Parcel Area: sot x 150' s 7500 square feet - 1 - t:> -' =~~:~=a~~ s~a:: ~C~ ~~e~eny ~a~ve a~y :ega: ~~;~~S a;;:~- =:.::~ -a~" :;;:)ssess :-ega::-d~~q sa:.: cc~d:. '::"c:-:s. :-~e 5 :~:".e::. S~a~e-e~~ s~al: =e ~e~~~~ed ~o ~he P:a~~~~g J~v:s:o~. :3.:1. -.J.~e ~o =c:,:,,\pl.:r. .,.....r: ':.~ ~h~s CO:1d: -:':'0:1 S:la:': ccr:s-:: ~'~-:'e g~~~nds :c= po~e~~~a: ?er~~~ revoca~~o~. ~ ~ ';0. 7~~s de~er~~na~:on shall no~ become ef=ec~:ve for a pe=lod =-: four't.een days from the date of dete~lnat:.or:., or I .... a=nealed, u~t:.l d f~nal determ~nat~on lS ~ade on ~he aD- pe~:. Ar:.y appeal ~ust be made in the fo~ requ~red by ~;e Zor.1ng Ad~ln1strator. The term of approval of ~h:.s per~:t snall exp:.=e two years from the pe~it's effect:ve date, ~r.less a bu:.lding permit has been lssued fo: the proJec~ prlor to the exp~ration date. ~c oJ , . ~:th:n tn~rty (30) days after final approval of t~e prc;- ect, a s:gn shall be posted on slte statlng the da~e and nature of the approval. The sign shall be posted In ac- cordance wlth the Zoning Administrator guidelines and shall re!"la1n In place untl1 a building perm:!. t 1S lssued for tne proJect. The sign shall be removed promptly when a building permit is issued for the proj ect or upon ex- piratlon of the Conditional Use Permit. Spec~al Conditions 40. Exterior building walls shall not exceed a maximum height of 23' from average natural grade. 41. A minimum of 100 square feet of private open space shall be -provided for Unit E prior to review by the Architec- tural Review Board. Inclusionary Unit Condition 42 . The deve loper shal:' covenant and agree with the City of Santa Monica to the specific terms, conditions and restrictions upon the possession, use and enjoyment of the subject property, which terms, conditions and restrictions shall be recorded with the Los Angeles county Recorder's Office as a part of the deed of the property to ensure that two affordable units(s) is (are) provided and main- tained over time and through subsequent sales of the prop- erty. An inclusionary requirement of at least thirty per- cent of the total number of units, excluding any density bonus units under State Government Code Section 65915, shall be permanently affordable to and occupied by low and moderate income households of which at least fifty percent (50%) shall be affordable to households not exceeding six- ty percent of the (RUD) Los Angeles County median income, with the balance of the inclusionary units affordable to households with incomes not exceeding 100% of the (HUD) Los Angeles county median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and - 12 - t:> - .- -\:;- ~==-:::-:= -.~ 10..-.......-C-- --"'---::-- -...- - -- - --+. :-=.s-:=-.:..:.:~_~:-s s::::.__ ;:e e::e::- ~:ve --~ ~~e :~:e~:~e ~: ~~e ~~=-ec~. -:~~S agree:1e:':.': sha::' ce exe=~..;::ed a!'::l :-eco:-dec. pr:.c::" ~= a;prcval of ~~e F:~a: ~a;. s~~~ agreeilie~~ sha:: spec::: _/ ~esponslb~:ltles of ~~e deve:ope~ f=~ maklng ~~e ~~:t(s) aval:ao:e to e:~g~~le ~e~an~s a~d 2) ~espor.s~b~:~- ~:"es of the Cl.ty of Sar:.'ta :1on:.ca to prepa:.-e appllca<;~C!1 fO~5 for pctent~al tenan~sf estab::..sh cr~~er~a for q~a::f~cationsf and ~or.:..to~ compl~ance wlth the p=OV15~C~S of t:1.e agreeme~~t. Owner shall p=ov~de ~he C~~y ?lan~lng D1Vls:cn w:~h a con- formed copy of the recorded agreement 0=:"0= to approval c: -::,.e Flnal Map. 7:":5 orovis..:.on lS lr.tended 'to sat:..sfy -:he lnc:"":slo~arv ~o~s~r.g requl.rements of tr.e Hous:..ng Element of the Generai Plan of the City of Santa Monlca. Developer shall satlsfy the obligatlons created by thlS Agreement by demonstrating to ~he D~rector of Planning compliance w~th Ordinance 1577 (CCS) f which provides i:nplemen'tat~on standards for this program. TENTATIVE TRACT MAP CONDITIONS 1. All off site ~mprovements required by the City Enqineer shall be installed. Plans and specifications for off site ~mprovements shall be prepared by a reqistered civil en- gineer and approved by the City Engineer. 2. A subdivision improvement agreement for all off site im- provements required by the Ci~y Engineer shall be prepared and a performance bond posted through the city Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code Section 66452.6 and Sections 9380-9382 of the- Santa Monica Municipal Code. During this time period the final map shall b8 presented to the City of Santa Monica for approval. No building permit for the project will be granted until such time- as the final map is approved by the Santa Monioa City councib - 4. In submitting required materials to the santa Monica En- gineering Division for a final map, applicant shall pro- vide a copy of the approved Statement of Official Action. 5. Prior to approval of the final map, Condominium Associa- tion By-Laws (it applicable) and a Declaration of CC & R's shall be reviewed and approved by the city Attorney. The CC & R I s shall contain a non-discrimination clause as presented in Section 9392 (SMMC) and in the case ot con- dominiums, contain such provisions as are required by Sec- tion 9122E (SMMC). - 1.3 - D CUP 91-011, 7?M 5~563 2333 Oak S~reet 5 Unit Condo Filed 2/25/91 cup 91-012, VTTM 50246 1138-11'4 Yale Street 9 unit condo Filed 3/4/91 I . ... ~ -r If::.-v: .. . ..... '\ ~. Terry Moore (213) 396-3228 (818) 593-5570 6/5 (Buckley) Nancy Mc Cord Susan Stark Gary Safronoff 828-2249 Cont to 5/8 (Whi te) CUP 91-013, VTTM 50580 Henry Yarrnark 1142 18th Stree~ 454-7825 5 lJni~ Condo F~led 3/5/91 "* CUP 91-015, VTTM 50523 911 12th Street 5 Unit Condo Filed 3/15/91 CUP 91-016, VTPK 22787 1457 Berkeley Street 4 Unit Condo Filed 3/18/91 WPM 90-001, VAR 90-039 2039-2045 11th Street Lot Line Adjustment 'I'orca Cases TPC 150 2021 Cloverfield TPC 134 638 Hill street TPC 147 1621-25 centinela TPC 148 2331 28th Street TPC 149 2247 20th Street TPC 151 2249 20th street Cont to 5/8 (Ambo) Richard Chang Elizabeth Srour 372-8433 6/5 (Whlte) Leo & Marian Orr R. Nikkhessal (213) 820-3313 Continued (Martin) Continued (White) 6/5 (Buckley) 6/5 (Buckley) 6/5 (Buckley) 6/5 (Buckley) 6/5 (White) p - 4 -