SR-052687-12A
CjED:RAS:KR:nh
Council Mtg: May 26, 1987
7" () Zr P 115 /2 ....4
MAY 2 6 19lf
Santa Monica, California
.
TO: Mayor and City Council
FROM: city staff
SUBJECT: Appeal of Planning Commission Decision Approving CUP
449, 2620 Highland Avenue, To Permit the Removal of a
single Family Home and the Construction of a Three Unit
Condominium. Applicant: Jane Spiller. Appellant:
Mayor James Conn on behalf of June Steel and Neighbors
of the Project.
INTRODUCTION
This report recommends that the City Council deny the appeal and
approve Conditional Use Permit 449 for the removal of a single
family home and the construction of a three unit condominium at
2620 Highland Avenue.
The five Planning Commissioners present
approved the applicant's request with four affirmative votes and
one abstention.
An
appeal
of the
Planning Commission
determination has been filed by Mayor James Conn on behalf of
June Steel and neighbors of the project.
BACKGROUND
The proposed proj ect is for the removal of an existing single
family home and the construction of a two story, plus loft, three
unit condominium with six parking spaces in a subterranean garage
accessed from Highland Avenue. A removal permit has been granted
for the existing single family home.
The site totals 3,994
square feet and under Section 9l08B.3.a (SMMC) a minimum of 4,000
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MAY 261987
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square feet is required to build more than one unit in the R2
zone. Therefore, the project as proposed requires a variance.
On March 16, 1987, following a public hearing, the Planning
commission approved Tentative Parcel Map 18448, Conditional Use
Permit 449 subject to the findings and conditions noted in the
staff report, as amended in the statement of Official Action
(Attachment A, B).
On April 3, 1987, Mayor James Conn, on behalf of June Steel and
neighbors of the project, appealed the Planning Commission
determination. (Attachment C) In that under section 9366.b.
(SMMC) there is a lO day appeal period for tentative subdivision
maps and under Section 9l48C (SMMC) there is a 20 day appeal
period for Conditional Use Permits, this appeal only pertains to
the Conditional Use Permit approval since it was filed on the
18th day following the Planning Commission determination.
On April 29, 1987, following a public hearing on March 31, 1987,
a variance was issued by the Zoning Administrator approving the
construction of 3 units on this lot. The Findings and
Determination are included in Attachment D as reference.
ANALYSIS
Opponents of the project have raised concerns regarding the
proposed density on the lot given the lot size of 3,994.2 square
feet and the requirement that a lot have a minimum of 4,000
square feet in order to develop more than one unit in the R2
zone. Based upon the survey prepared for this property, the lot
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~ is 5.B square feet below the required 4,000 square feet. In all
other respects, the project complies with applicable Zoning
requirements. A total of ten R2 lots having the same lot
dimensions as the subject site are located on the west side of
Highland Avenue immediately south of Ocean Park Boulevard. Two
of these lots are developed with more than one unit. These lots
are therefore unique in the R2 district. In approving the
project, the Planning Commission approved findings and conditions
as outlined in the statement of Official Action approved to
support the project's consistency.
CITY COUNCIL AUTHORITY
Under section 9l48C (SMMC) the City Council may affirm, reverse
or modify any determination of the Planning Commission in regard
to a Conditional Use Permit and the decision of the city Council
shall be final. In approving an application, the Council/on
appeal, must make appropriate findings and may add conditions
necessary to protect the public welfare.
BUDGET/FISCAL IMPACT
The recommendations presented in this report do not have a
budget/fiscal impact.
RECOMMENDATION
staff respectfully recommends that the city Council deny the
appeal and affirm the decision of the Planning Commission
adopting the findings and conditions contained in the March 16,
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1987
staff report,
as
amended and approved by the Planning
commission on March l6, 1987 as its own.
Prepared by: R. Ann siracusa, Director of Planning
Suzanne Frick, Principal Planner
Karen Rosenberg, Associate Planner
city Planning Division
Community and Economic Development Department
Attachments: A. March 16, 1987, Staff Report to Planning
Commission.
B. Statement of Official Action.
C. April 3, 1987, Appeal letter, Mayor James Conn
on behalf of June Steel and neighbors.
D. Findings and Determination of Variance ZA5l64-Y,
April 29, 1987.
CCCUP449
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05/12/87
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h unit is pe~itted on lots having less than 4,000 square
~...1n one
, t A variance will be required to permit modification of the
..ce .
lot area in order to construct three units. (Attachment A)
CEqA STATUS
The proposed project is categorically exempt from the provisions
of CEQA, City of Santa Monica Guidelines for Implementation
(Class 3 (2) ) .
ANALYSIS
As proposed, the project will require a variance to permit three
uni ts, in that the lot is 3,994 square feet and under section
9l 08 B. 3 . a, a minimum of 4,000 square feet is required to build
more than one unit in the R2 zone. This lot size requirement is
not included in the proposed Zoning Code. In all other respects
the project complies with applicable Zoning requirements. The
parking and circulation plan has been approved by the Ci ty IS
Traffic Engineer.
To fulfill the inclusionary housing requirement the developer has
chosen to exercise the in-lieu fee option for the affordable
unit.
The proposed project is designed to resemble the character of a
single family home by including a prominent front door and front
porch area. In their review, the Architectural Review Board
should pay particular attention to the proposed materials,
colors, and scale and articulation of design elements to ensure
that the project is compatible with the neighborhood.
Conclusion
Although a variance will be required to permit three units on the
property, as proposed the proj ect meets the building height,
setbacks and lot coverage requirements for the R2 zone and
therefore merits approval as outlined in the findings and
conditions below.
RECOHMENDATION
It is respectfully recommended that CUP 449, TPM l8448 be
approved subject to the following findings and conditions.
TENTATIVE PARCEL/TRACT MAP FINDINGS
1. The proposed subdivision, together with its prov1s1on for
its design and improvements, is consistent with applicable
general and specific plans as adopted by the City of Santa
Monica based on the analysis and conditions contained in
this report and incorporated herein by reference.
2. The site is physically suitable for the proposed type of
development in that the project is an in-fill of urban
land adequately served by existing infrastructure and
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hav1ng no significant physical site characteristics pre-
cluding the proposed development.
). The design of the subdivision or the proposed improvements
w1ll not cause substantial environmental damage or sub-
stantially and avoidably injure fish or wildlife or their
habitat.
4.
The design of the subdivision or the type of improvement
will not cause serious public health problems.
5. The design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public
at large, for access through, or use of, property within
the proposed subdivision.
6. The design of the subdivision does not preclude future
passive or natural heating or cooling opportunities.
CONDITIONAL USE PERMIT FINDINGS
8. The proposed use and location are in accordance with good
zoning practice, in the public interest and necessary that
substantial justice be done and the proposed use is com-
patible with existing and potential uses within the
general area, traffic or parking congestion will not
result, the public health, safety and general welfare are
protected and no harm to adjacent properties will result
based on the findings and analysis contained in this re-
port and incorporated herein by reference.
SPECIAL CONDITIONS
1. Approval of this project shall be subject to approval of a
variance to modify the minimum lot size required for par-
cels in the R2 District.
2. The Architectural Review Board, in their review, shall pay
particular attention to the project's scale and articula-
tion of design elements; exterior colors, textures and
materials; window treatment; glazing; and landscaping to
insure that the project is compatible with the
neighborhood.
TENTATIVE PARCEL MAP CONDITIONS
1. All off site improvements required by the City Engineer
shall be installed. Plans and specifications for off site
improvements shall be prepared by a registered civil en-
gineer and approved by the City Engineer.
2. Before the city Engineer may approve the final map, a sub-
division improvement agreement for all off site imp~ove-
ments required by the city Engineer shall be prepared and
a performance bond posted through the City Attorney's
office.
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3. The tentative map shall expire 24 months after approval,
except as provided in the provisions of California Govern-
ment Code section 66452.6 and Sections 9380-9382 of the
Santa Monica Municipal Code. During this time period the
final map shall be presented to the City of Santa Monica
for approval.
4. The developer shall provide the Engineering Department of
the city of Santa Monica with one Dizal Cloth print
reproduction and microfilm of each sheet of the final map
after recordation.
5. Prior to approval of the final map, Condominium Associa-
tion By-Laws (if applicable) and a Declaration of CC & Rls
shall be reviewed and approved by the city Attorney. The
CC & Rls shall contain a nondiscrimination clause as pres-
ented in Section 9392 (SMMC) and in the case of condomini-
ums, contain such provisions as are required by section
9l22E (SMMC).
5. The developer shall provide for payment of a Condominium
Tax of $1,000 per saleable residential unit per the provi-
sions of Section 655l et seq. of the Santa Monica
Municipal Code.
7. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential unites) on the subject lot,
per and subject to the provisions of section 6670 et seq.
of the Santa Monica Municipal Code.
8. The form, contents, accompanying data, and filing of the
final parcel map shall conform to the provisions of Sec-
tions 9350 through 9357 (SH11C) and the Subdivision Hap
Act.
9. The final map shall be recorded with the Los Angeles Coun-
ty Recorder prior to issuance of any building permit for a
condominium project pursuant to Government Code Section
66499.30.
STANDARD CONDITIONS
10. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning Commission
Review. construction shall be in substantial conformance
with the plans submitted or as modified by the Planning
Commission, Architectural Review Board or Director of
Planning.
ll. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
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l2. Project design shall comply with the building energy reg-
ulations set forth in the California Administrative Code,
Title 24, Part 2, (Energy conservation standards for New
Residential Buildings), such conformance to be verified by
the Building and Safety Division prior to issuance of a
Building Permit.
13. Natural light shall be provided in at least one bathroom
in each dwelling unit.
l4. street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
15. Street and/or alley lighting shall be provided on public
rights-of-way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
16. Any outdoor lighting shall be shielded and/or directed
away from adjacent residential properties, with any such
lighting not to exceed 0.5 foot candles of illumination
beyond the perimeter of the subject property.
l7. This determination shall not become effective for a period
of ten days (twenty days for Development Review Permits
and Conditional Use Permits) from the date of determina-
tion or, if appealed, until a final determination is made
on the appeal.
INCLUSIONARY UNIT CONDITIONS
18. The developer shall covenant and agree with the city of
Santa Monica to the specific terms, conditions and
restrictions upon the possession, use and enjoyment of the
subject property, which terms, conditions and restrictions
shall be recorded with the Los Angeles County Recorder's
Office as a part of the deed of the property to ensure
that one affordable unit is provided and maintained over
time and through subsequent sales of the property. An
affordable unit shall be defined as being affordable to
households with incomes not exceeding l20% of the (HUD)
Los Angeles County median income, expending not over 25%
of monthly income on housing costs, as specified by the
Housing Division of the Department of Community and
Economic Development. ..~
This agreement shall be executed and recorded prior to the
approval of a final parcel map. Such agreement shall
specify l) responsibilities of the developer for making
the unites) available to eligible tenants and 2) respon-
sibilities of the city of Santa Monica to prepare applica-
tion forms for potential tenants, establish criteria for
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qualifications, and monitor compliance with the provisions
of the agreement.
This provision is intended to satisfy the inclusionary
housing requirements of Program l2 of the Housing Element
of the General Plan of the City of Santa Monica (lIprogram
12ft) . Developer may satisfy the obligations created by
this Agreement by demonstrating to the Director of Plan-
ning compliance with any ordinance or resolution adopted
by the City within two years from the effective date of
this approval, which is intended to provide an alternative
method for compliance with Program 12. An alternative
method may be, but is not limited to, the payment of a fee
in-lieu of providing an Affordable Unit.
Prepared by: Karen Rosenberg, Associate Planner
KR:nh
CUP449
03/ll/87
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Land Use
Category Municipal Code Element Project
Permitted Use R2: Permits Same as 3 Units
1 unit per Municipal Code requires
1500 sq. ft. variance
lots below
4000 sq. ft.
limited to
1 unit
Height 2 stories, 30' N/A 2 stories, + loft
30'
Setbacks
Front yard l5' N/A IS'
Sideyard 41 NjA 4 '
Rearyard 15' N/A IS'
Lot Coverage 60% NjA 58%
Parking 3 units @ Same as 6 parking spaces
2 spaces per Hunicipal Code provided
unit = 6
parking spaces
required
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CI t Y Council Hearing-
June 2, 1987
Dear Mayor Conn, Mayor Pro Tempore Kat.z, and. Counell Members:
Here are answers to some questions you may have about my townhouse
project at 2620 HIghland A ven ue'
Tra'f'fIc generation
Peak hour trip generatIon :for residential condominIums is:
Morning 7-9 AM, Evening 1-6 PM
.51 trips per unit.
ThIS Inf'ormatlOn was provIded by Don Nelson 'from "TrIp GeneratIOn", 3rd.
edltlOn, publIshed by the Institute of TransportatIOn EngIneerIng,
TrIps Include all types, InclUdIng maIlman, UPS, guests etc.
3 townhouse units
153 total peak perIod trips
ParkIn~
6 parkIng spaces are beIng provIded. There IS already a curb eu t, so
there WIll be no change In the avaIlable street parkIng
CondItIonal Use PermIt Approval FIndIngs.
II The proposed use IS In accordance wIth good zonIng practIce. ...and IS
compatIble WIth eXIstIng and potentIal uses WIthIn the general area,
tra'f'flc or parking congestIOn WIll not result..."
ZonIng VarIance Approval FIndIngs:
II The proposed bUIldIng has been deSIgned In a manner WhICh reduces Its
perceIved mass and WhICh IS compatIble WIth the surroundIng
neIghborhood."
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Cl ty Council Hearing'
June 2, 1987
Dear Mayor conn, Mayor Pro Tempore Katz, and CouncIl Memhers:
Here are answers to some questIons you may have about my townhouse
project at 2620 Highland A yen ue-
Tra:f:flc g'eneratIon:
Peak hour trIP generatIon for reSidential condomIniums is:
Mornlng 7-9 AM, Evening 4-6 PM
.51 trips per unIt
ThIS In:formatlon was prOVIded by Don Nelson from "TrIp Generation", 3rd
edItIOn, publIshed by the InstItute of TransportatIon EngIneerIng,
Trips Include all types, including mallman. UPS, guests etc.
3 townhouse units
1.53 total peak period triPS
Parkin9.
6 parkIng spaces are being prOVIded. There is already a curb cut, so
there will be no change In the avaIlable street parkIng.
CondItional Use PermIt Approval FlndIn&s:
" The proposed use is In accordance wIth good zonIng practIce. ...and IS
compatIble With eXIstIng and potentIal uses withIn the general area,
tra:fi'ic or parlung congestlOn Will not result..."
Zonln!J Variance Approval FIndln9s.
II The proposed bUIldIng has heen deSIgned In a manner which reduces Its
percel ved mass and which IS compa tlble WIth the surrounding
neighborhood."
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C!:''l PUNNING DIVISION
Ca=:unlty and Economic Development Department
M E M 0 RAN DUM
DATE: March l6, 1987
TO: The Honorable Planning Commission
FROM: R. Ann Siracusa, Director of Planning
SUBJECT: CUP 449, TPM 18448, To permit the Removal of a Single
Family Home and the Construction of a Three Unit
Condominium.
Address:
Applicant:
2620 Highland Avenue
Jane Spiller
SITE LOCATION AND DESCRIPTION
The subject property is a 3,994 sq. ft. parcel located on the west
side of Highland Avenue between Ocean Park Boulevard and Raymond
Avenue having a frontage of 39.99 feet. Surrounding uses consist
of single family and multiple family units to the south and north
(R2) and single and multiple family residential units to the east
(R2} and multiple family residential to west (R2).
Zoning District:
R2
Land Use District:
Residential
Parcel Area:
39.99' X 99.881
PROPOSED PROJECT
The proposed proj ect is for the removal of an existing single
family home and the construction of a 2 story, plus loft, three
unit condominium with six parking spaces in a subterranean garage
accessed from Highland Avenue (there is no adj acent alley). A
removal permit has been granted for the existing single faMily
home. Each of the units has two bedrooms located on the first
floor, with the kitchen, dining rooms and living rooms on the
second floor. The lofts do not exceed one-third of the area of
the rooms below.
Units A and C have outdoor patios on the ground floor and all
three units have roof decks at the loft level.
MUNICIPAL CODE AND GENERAL PLAN CONFO&~NCE
The proposed project is inconsistent with the Municipal Code and
the General Plan in that the site totals 3,994 square feet and
under Section 9108B.3a of the Santa Monica Municipal Code no more
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