SR-121290-12A
, .
12-A
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LUTMD: PB: OKW: DM I;oz- tJ () 7
PCjCCUP9026 I~
Council Htq: Decemher~ 1990
Santa Monica, california
DEe 1 2 1990
TO: Mayor and City Council
FROM: city Staff
SUBJECT: Appeal of a Planning Commission Approval of Conditional
Use Permit 90-026 to Allow the Construction of a 16
Unit Condominium at 951 Ocean Avenue.
Applicant: Sakakura America, Inc.
Appellant: Michael wiedder
INTRODUCTION
This report recomm~nds that the City Council deny the appeal and
uphold the Planning Commission approval of CUP 90-026 to allow a
16 unit condominium at 951 Ocean Avenue.
At the Planning
commission meeting of Ootober 17, 1990, the Planning Commission
approved the project by a vote of 4-1, with two commissioners
absent. The appellant has filed the appeal because he feels the
massing and height of the building would be out of scale with the
neighborhood. The appeal form is attached (Attachment A).
BACKGROUND
The proposed project was filed by the applicant on February 26,
1990 and is subject to Ordinance 1507 (CCS), the North of
wilshire Moratorium adopted in December of 1989. Section 3(t) of
the Ordinance states that a property shall be exempt from the
moratorium if the followinq requirements are met:
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I :2 -~
nEe 1 2 \990
/.
(1) The applicant owned the property or had entered into
escrow for purchase of the property on or before May 9,
1989.
(2) No structures were on the property on May 9, 1989.
(3) If located in the R4 District, the application shall
comply with the development standards contained in the
moratorium ordinance (Ordinance 1507 [CCS]) (See
Attachment E).
Information submitted with the application confirms that the
applicant did own the property on May 9, 1989, the property was
vacant and the application oonforms with the development
standards for the R4 oistrict contained in the moratorium
ordinance.
On July 18, 1990, the project was reviewed by the Planning'
commission. The commission expressed general support for the
project but concluded that some design modifications were
necessary and that the redesigned project should return for their
review. Specifically, the Commission felt that the front
elevation of the building should be redesigned to break up the
larqe, blank facade, and that more quest parking should be
provided. The Commission also encouraged the applicant to
discuss the project with the surrounding residents.
Following the July meeting, the applicant made various
modifications to the building, includinq a redesign of the front
facade to include large terraces and recessed courtyards. The
"
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numher of quest parking spaces was increased from three to eight.
The applicant also met with the neighborhood residents in order
to ensure that any concerns they may have had were addressed.
The proj ect returned to the Planning Commission on October 17,
1990. At that time the Commission approved the project by a vote
of 4 to 1 with two commissioners absent. One Commissioner voted
against the project because the model prepared by the applicant
was inaccurate and did not accurately represent the height of the
proposed building. The Commissioners that supported the project
did so based on the fact that the project complied with the
moratorium ordinance and the applicant had attempted to address
the concerns of the Co~mission and surrounding residents.
The project was approved with the findings and conditions
contained in the Planning Commission Statement of Official Action
dated October 17, 1990 (Attachment B). On October 29, 1990,
Michael Wiedder filed an appeal of the Conditional Use Permit and
Tentative Tract Map. Because the appeal was filed after the
10-day appeal period tor the Tentative Tract Map, and the
Development Review approved by the Planninq Commission was not
appealed, ~he scope of this appeal is limited to the Conditional
Use Permit.
ANALYSIS
Project Desiqn
The proposed project would include 16 single story flats on four
floors, wi th two two-bedroom uni ts, and fourteen three-bedroom
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units. The R4 Oistrict density standards of one unit per 900
square feet of lot area would permit 42 units on the subject
property. The project meets or exceeds the development standards
in the R4 District including setbacks, lot coverage and height.
The development standards contained in Ordinance 1507 include
private open space requirements of 100 square feet per unit and
additional front and side yard setback requirements for portions
of the building above 14' in height. The applicant has complied
with the open space and setback requirements by providing large
terraces on each level, adjacent to the living rooms and master
bedrooms. Approximately 260 square feet of private open space is
provided for each unit. A more detailed analysis of the project
design is contained in the Planning Commission staff report
(Attachment C).
Parking
The required parking is based on the n~mber of bedrooms of each
unit. Parking is required as follows:
2 two-bedroom units @ 2 space. each - 4.0 spaces
14 three bedroom units @ 2.5 spaces each · 35.0 spaces
Guest parking @ 1 space per 5 units - 3.0 spaces
Total parking · 42.0 spaces
The project provide. 39 parking spaces in a one level
subterranean garage and eight quest parking spaces on the ground
level adjacent to the rear alley for a total of 47 spaces.
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CONCLUSION
The proposed condominium complies with all applicable provisions
of the Zoning Ordinance and the North of Wilshire Moratorium,
Ordinance 1507 (CCS).
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
It is respectfully recommended that the Council deny the appeal
and uphold the Planning commission approval of Conditional Use
Permit 90-026 with the findings and conditions contained in the
Planning Commission Statement of Of~icial Action (Attachment B).
Prepared by:
David Martin, Associate Planner,
Planning and zoning Division
Paul Berlant,
Land Use and Transportation Management
Director,
Department
Attachments: A. Appeal form dated 10/29/90
B. Planning commission statement of Official
Action dated 10/17/90
C. Planning Commission Staff Report dated 10/17/90
D. Ordinance 1507 (CCS)
E. Plot Plan, Floor Plans and Elevations
OM
PC/CCUP8972
11/27/90
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 90-026
Development Review 90-006
Vesting Tentative Tract Map 46656
LOCATION: 951 Ocean Avenue
APPLICANT: Sakakura America, Inc.
CASE PLANNER: David Martin, Associate Planner
REQUEST: To permit the construction of a 16 unit con-
dominium building.
PLANNING COMMISSION ACTION
10/17/90
XX
Date.
Approved based on the following findings and
subject to the conditions below.
nenied.
Other.
EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:
CUP 90-026 - 10/31/90
OR 90-006 - 10/31/90
TTM 46656 - 10/27/90
EXPIRATION DATES OF ANY PERMITS GRANTED:
CUP 90-026 - 10/31/92
DR 90-006 - 10/31/91
TTM 46656 - 10/31/92
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES
CUP 90-026 - 3 Months
DR 90-006 - 3 Months
TTM 46656 - 3 Years
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~~~6
TENTATIVE TRACT MAP FINDINGS
1. The proposect subdivision, together with its provision for
its design and improvements, is consistent with applicable
general and specific plans as adopted by the City of Santa
Monica in that the plan conforms to the provisions of the
Zoning Ordinance and the General Plan.
2. The site is physically suitable for the proposed type of
development in that it is a standard lot with no unusual
characteristics.
3. The site is physically suitable for the proposed density
of development in that a 37,500 square foot lot in the R4
District can accommodate 42 units.
4. The design of the subdivision or the proposed improvements
will not cause substantial environmental damage or sub-
stantially and avoidably injure fish or wildlife or their
habitat in that the proposed development is an in-fill of
urban land which does not support fish or significant
wildlife.
5. The design of the subdivision or the type of improvement
will not cause serious public health problems in that the
proposed development complies with the provisions of the
Zoning ordinance and General Plan.
6. 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 in that the subject site is ade-
quately served by existing streets and alleys.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
Subject district and complies with all of the applicable
provisions of the "City ot Santa Monica Comprehensive Land
Use and Zoning Ordinance", in that the proposed condomini-
um conforms to the Zoning Ordinance and the General Plan.
2.
integrity and
be established
a multi-family
The proposed use would not impair the
character of the district in which it is to
or located, in that it would be located in
residential district.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the proposed project
meets the density standards for the R4 District.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses
are to remain, in that the existing structure would be
demolished.
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5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the area is a mix of single-family and multi-family
residential units.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that the proposed development is an in-fill of urban
land adequately served by existing infrastructure.
7 . Publ ic access to the proposed use will be adequate, in
that the site is adequately served by existing streets and
alleys.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that all setbacks, lot coverage
and height requirements for the R4 District and the North
of Wilshire Moratorium have been met.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the area is de-
fined as a Low Density Housing area by the Land Use Ele-
ment of the General Plan.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the proposed project complies with the provisions
of the zoning Ordinance, the North of Wilshire Moratorium
and the General Plan.
11. The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions outlined in Subchapter 7, section
9055 ot the City of Santa Monica Comprehensive Land Use
and Zoning ordinance, in that no performance standard per-
mit would be required.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the area
1s defined as a multi-family residential district.
DEVELOPMENT REVIEW FINDINGS
1. The physical location, size, massinq, and placement of
proposed structures on the site and the location of pro-
posed uses within the project are compatible with and re-
late harmoniously to surroundinq sites and neiqhborhoods,
in that the project complies with the property development
standards adopted as part of the North ot Wilshire
Moratorium.
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2. The rights-of-way can accommodate autos and pedestrians,
including parking and access, in that the site is ade-
quately served by existing streets and alleys.
3. The health and safety services (police, fire, etc.) and
public infrastructure (e.g. utilities) are sufficient to
accommodate the new development, in that the proposed
development is an in-fill of urban land adequately served
by existing infrastructure.
4. Anyon-site provision of housing or parks and public open
space, which are part of the required project mitigation
measures required in Subchapter 5G of the City of Santa
Monica Comprehensive Land Use and Zoning Ordinance, satis-
factorily meet the goals of the mitigation program, in
that the project is not subject to the provisions of Sub-
chapter 5G.
5. The project is generally consistent with the Municipal
Code and General Plan, in that it complies with the
development standards for the R4 District.
CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW CONDITIONS
Plans
1. This approval is for those plans dated October 2, 1990, a
copy of which shall be maintained in the files of the
City Planning Division. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
2. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
4. Minor 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 conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
Architectural Review Board
5. The ARB shall pay particular attention the the exterior
facade to ensure that the design of the building is com-
patible with surrounding properties.
6. Prior to consideration of the project by the Architectural
Review Board, the applicant shall review disabled access
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requirements with the Building and Safety Divis ion and
make any necessary changes in the project design to
achieve compliance with such requirements. The Architec-
tural Review Board, in its review, shall pay particular
attention to the aesthetic, landscaping, and setback im-
pacts of any ramps or other features necessitated by ac-
cessibility requirements.
7. Plans for final design, landscaping, screening, trash en-
closures, and siqnage shall be subject to review and ap-
proval by the Architectural Review Board.
8. The existing mature trees located in the northwest corner
of the parcel shall be either preserved in their present
location or relocated to a specific 10cation on the prop-
erty to the satisfaction of the Planning Division and the
Architectural Review Board.
9. The Architectural Review Board, 1n its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities; scale and articulation of design ele-
ments; exterior colors, textures and materials; window
treatment: glazing; and landscaping.
10. Landscapinq plans shall comply with Subchapter 58
(Landscaping Standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
11. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC Section 9040.13-9040.15.
Refuse areas shall be of a siz8 adequate to meet on-site
need, including recycling. The Architectural Review Board
in its review shall pay particular attention to the
screening of such areas and equipment.
12. No gas or electric meters shall be located within the re-
quired front yard setback area. The ArChitectural Review
Board in its review shall pay particular attention to the
loeation and screening of such meters.
13. The Architectural Review Board shall pay particular atten-
tion to the location ot the proposed root decks in rela-
tion to the privacy ot adjacent residents.
Fees
14. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality impacts resulting from both new and existing
development. The Plan will likely include an ordinance
establishing mitigation requirements, including one-time
payment of fees on certain types of new development, and
annual fees to be paid by certain types of employers in
the city. This ordinance may require that the owner of
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the proposed proj ect pay such new development tees, and
that employers within the project pay such new annual em-
ployer fees related to the City's Transportation Manage-
ment Plan.
15. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or re-
placement of the residential unites) on the Subject lot,
per and subject to the provisions of Section 6670 et seq.
of the Santa Monica Municipal Code.
Construction
16. During construction, a security fence, the height of which
shall be the maximum permi tted by the Zoning Ordinance,
shall be maintained around the perimeter of the lot. The
lot shall be kept clear of all trash, weeds, etc.
17. Unless otherwise approved by the Department of General
Services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
18. Sidewalks, curbs, qutters, paving and driveways which need
replacing or removal as a result of the project as deter-
mined by the Department of General Services shall be re-
constructed to the satisfaction of the Department ot
General Services. Approval for this work shall be ob-
tained from the Department of General services prior to
issuance of the building permits.
19. Vehicles hauling dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
20. Street trees shall be maintained, relocated or provided as
required in a manner consistent with the City'S Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department ot General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
21. A construction period mitigation plan shall be prepared by
the appl icant tor approval by the Departllent of General
services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers ot all con-
tractors and subcontractors as wel1 as the developer and
architect; 2) Describe how demolition of any existing
structures is to be accomplished; 3) Indicate where any
cranes are to be located tor erection/construction; 4)
Describe how much of the public street, alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion; 5) Set forth the extent and nature of any pile-
driving operations; 6) Describe the length and number of
any tiebacks which must extend under the property of other
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persons; 7) specify the nature and extent of any dewater-
inq and its effect on any adjacent Duildings; 8) Describe
ant =ipated contruction-related truck routes, number of
tru~k trips, hours of hauling and parking location; 9)
specify the nature and extent of any helicopter hauling;
10) State whether any construction activity beyond normal-
ly permitted hours is proposed; 11) Describe any proposed
construction noise mitigation measures; 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel; 13) Provide a drainage
plan; 14) Provide a construction-period parking plan
which shall minimize use of public streets for parking;
l5) List a designated on-site construction manager.
22. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
identify the address and phone number of the owner and/or
applicant for the purposes of responding to questions and
complaints during th~ construction periOd. Said sign
shall also indicate t:. hours of permissible construction
work.
23 . A copy of these conditions shall be posted in an easily
visible and accessible location at all times during con-
struction at the project site. The pages shall be lami-
nated or otherwise protected to ensure durability of the
copy.
Environmental Mitigation
24. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
25. Prior to issuance of a certificate of Occupancy, project
owner shall present documentation to the General services
Department certifying that existing Santa Monica occupan-
cies with toilets installed prior to 1978 have been retro-
fitted with ultra low-flow toilets (1.6 gallons per flush
or less) such that development ot the new project will
not result in a net increase in wastewater flows. Flow
fro. existing occupancies which will be removed as part
of the new development may be deducted from flow at-
tributable to the new development if such occupancies have
been occupied within one year prior to issuance of a
Building permit for the proposed project. Alternatively,
proj act owner may provide a payment to the General Ser-
vices Department in an amount specified by General Ser-
vices in lieu of the installation requirement, which funds
shall be used by the City for the exclusive purpose of
achieving compliance with this condition by retrofitting
existing occupancies. Flow calculations for new develop-
ment and existinq occupancies shall be consistent with
guidelines developed by the General Services Department.
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Miscellaneous CUP Conditions
26. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
27. If any archaeological remains are uncovered during
excavation or construction, work in the affected area
shall be suspended and a recognized specialist shall be
contacted to conduct a survey of the affected area at
project's owner's expense. A determination shall then be
made by the Director of Planning to determine the sig-
nificance of the survey findings and appropriate actions
and requirements, if any, to address such findings.
28. 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.
29. Any lofts or mezzanines shall not exceed 99 square feet
unless appropriate required parking is supplied. Such
areas shall also not exceed 33.3% of the room below unless
compliance with the district's limits on number of stori.s
can be maintained.
Validity of Permits
30. The Conditional Use Permit and Development Review shall be
of no further force or effect if the Tentative Map ex-
pires prior to approval of a Final Map for said tract.
31. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
32 . wi thin ten days of Planning Division transmittal of the
statement of otticial Action, project applicant shall
sign and return a copy of the Statement of Official Action
prepared by the Planning Division, agreeing to the Condi-
tions ot approval and acknowledging that failure to comply
with such conditions shall constitute grounds tor poten-
tial revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights appli-
cant may possess regarding said conditions. The signed
Statement shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
33. This determination shall not become effective for a period
of fourteen days from the date ot determination, or, it
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator.
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t
INCLUSIONARY UNIT CONDITIONS
34. 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 three affordable units are provided and maintained
over time and through subsequent sales of the property.
An affordable unit shall be defined as being affordable to
households with incomes not exceeding 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
Economic Development.
This agreement shall be executed and recorded prior to
approval of the Final Map. Such agreement shall specify
1) responsibilities of the developer for making the
unites) available to eligible tenants and 2) responsibili-
ties of the city of Santa Monica to prepare application
forms for potential tenants, establish criteria for
qualifications, and monitor compliance with the provisions
of the agreement.
OWner shall provide the City Planning Division with a
conformed copy of the recorded agreement prior to approval
of the Final Map.
This provision is intended to satiSfy the inclusionary
housing requirements of Program 12 of the Housing Element
of the General Plan ot the City of Santa Monica ("Program
12") . Developer may satisfy the obligations created by
this Agreement by demonstrating to the Director of Plan-
ning compliance with Ordinance 1448 (CCS), which provides
implementation standards for Program 12.
TENTATIVE TRACT MAP CONDITIONS
1. All off site improvements required by the City Engineer
shall be installed. Plans and specifications for oft site
improvements shall be prepared by a registered civil en-
qineer and approved by the City Engineer.
2. Before the City Enqineer may approve the final map, a sub-
division improvement agreement for all oft site improve-
ments required by the City Enqineer 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
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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 & R's
shall be reviewed and approved by the City Attorney. The
CC & R' s shall contain a non-discrimination clause as
presented in Section 9392 (SMMC) and in the case of con-
dominiums, contain such provisions as are required by Sec-
tion 9122E (SMMC).
6. The developer shall provide for payment of a Condominium
Tax of $1,000 per saleable residential unit per the provi-
sions of Section 6651 et seq. of the Santa Monica
Municipal Code.
7. The form, contents, accompanying data, and tiling of the
final subdivision map shall conform to the provisions of
sections 9330 through 9338 (SMHC) and the Subdivision Map
Act. The required Final Map filing fee shall be paid
prior to schedulinq of the Final Map for City Council
approval.
8. The form, contents, accompanying data, and filing of the
final parcel map shall conform to the provisions of Sec-
tions 9350 through 9357 (SMMC) and the Subdivision Map
Act.
9. The final map shall be recorded with the Los Angeles Coun-
ty Recorder prior to issuance of any building permit for a
condominium proj ect pursuant to Government Code Section
66499.30.
10. Pursuant to Section 9366 (SMMC) , if the subdivider or any
interested person disagrees with any action by the
Planning Commission with respect to the tentative map, an
appeal or complaint may be filed in writing with the City
Clerk. No appeal or complaint may be filed after a ten
day period from the Commission's decision on the tentative
lUp.
VOTE
Ayes: Kaufman, Nelson, Kachur, Polhemus
Nays: Rosenstein
Abstain:
Absent: Morales, Pyne
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NOTICE
If this is a final decision not sUbject to further appeal under
the City of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, the time within which judicial review of this decision
must be souqht is governed by Code of Civil Procedure Section
1094.6, which provision has been adopted by the City pursuant to
Municipal Code Section 1400.
I hereby certify that this Statement of Official Action accurate-
ly reflects the tinal determination of the P1anninq commission of
the City of Santa Monica.
signature
date
Ralph Mechur, Chairperson
Please Print Name and Title
I hereby aqree to the above conditions of approval and
acknowledqe that failure to comply wi t.h such condi t.ion. ahall
constit.ute grounds for pot.ential revocation of the permit
approval.
Applicantls Signature
Print Name and Title
PC/STOA9026
OM
- 11 -
:64
OITY PLANNING DIVISION
Co"uDi~y aDd Economic Oev.lopm.n~ D.p.rtm.n~
M E M 0 RAN D 0 M
DATE: october 17, 1990
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: conditional Use Permit 90-026
Development Review 90-006
vesting Tentative Tract Map 46656
Address: 951 Ocean A~enue
Applicant: Sakakura America, Inc.
SUMMARY
Action: Application for a Conditional Use permit, Development
ReV1ew and Vestinq Tentative Tract Map to allow the construc-
tion of a sixteen unit condominium project.
Recommendation: Approval with conditions
Permit Streamlininq Expiration Date: october 20, 1990
Subdivision Action Deadline: June 9, 1990
SITE LOCATION AND DESCRIPTION
The subject property is a 37,500 sq. ft. parcel located on the
northeast corner of Ocean Avenue and Washington Street having a
trontaq. of 250 tee~ en Ocean Avenue and a d.p~ of 150 te.t on
Washington Avenue. Surrounding u... con.i.t of mUlti-tazily
residential on the adjacent lot to the north CR4) , multi-family
residential acros. Washington Avenue to the .outh CR4), multi-
family residential acress First Ceurt Alley to the ..st CR4) and
Palisade. Park acro.. Ocean Avenue to the west~
Zoning Ois~rict: R4
Land Use Oistricts: High Oensity Housing
parcel Area: 150' X 250' - 37,500 square teet
PROJECT DESCRIPTION
Proposed is the construction of a sixt.en unit, tour story con-
dominium building with a 39 space subterranean parking qaraqa
accessed from the Firat court alley~ The project would include
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~~6J-r G
~~...---~~.......
two two-bedroom units, and tourteen three-bedroom units. A Con-
ditional Use Permit and Tentative Tract Map are required tor all
condominium projects. A Development Review is required tor proj-
ects over 25,000 square feet in area in the R4 District. The
proposed project is 51,210 square feet in area.
MUNICIPAL CODE ANq GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in
conformity with the General Plan as shown in Attachment A.
CEQA STATUS
The project is categorically exempt from the provisions ot CEQA,
pursuant to Class 3 (14) ot the city of Santa Monica Guidelines
for. Implementation of CEQA.
RENT CONTROL STATUS
..
The subj ect property
parcel.
is exempt from Rent Control as a vacant
FEES
The proposed 16 unit condominium is subject to a Parks and Recre-
ation Facility Tax of $200.00 per unit and a Condominium Tax of
$1000.00 per saleable residential unit.
ANALYSIS
Backqround
The proposed project was reviewed by the Planning Commission at
the July 18, 1990 meeting. The Commission expressed general sup-
port for the project but concluded that some desiqn modifications
were necessary and that the redesigned project should return tor
their review. Specifically, the Commission felt that the front
elevation of the building should be red.signed to break up the
large, blank facade, and that mora guest parking should be added.
The Commission also encouraqed the applicant to discuss the proj-
ect with the surrounding residents.
Since the July .eeting, the applicant has made some modifications
to the building, including a redesign of the front facade which
features larger terraces and recessed courtyards. The nu~ber of
quest parkinq spaces has been increased from three to eight. The
applicant has also met with 80me ot the neighborhood residents in
order to ensure that any concerns they may have are addressed.
North of Wilshire Moratorium
Section 3(f) of the North of Wilshire Moratorium (Ordinance Num-
ber 1507 CCS), states that a property .hall be exempt from the
moratorium it the following requirements are ..t:
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..~
..
(1) The applicant ownea the property or had entered into
escrow for purchase of the property on or before May 9,
1989.
(2) No structures were on the property on May 9, 1989.
(3) If locatea in the R4 District, the application shall
comply with the development stanaaras containea in the
moratorium (see Attachment E).
Information submitted with the application confirms that the ap-
pll.cant did own the property on May 9, 1990, the property was
vacant and the application conforms with the development stan-
dards for the R4 District contained in the moratorium ordinance.
Project Design
The proposed project would include 16 sinqle story flats on four
floors, with two two-bedroom unf'es, and fourteen three-bedroom
units. The R4 District density standards of one unit per 900
square feet of lot area would permit 42 units on the subject
property. The proj ect meets or exceeds the development stan-
dards in the R4 District including setbacks, lot coveraqe and
height. The building would feature large balconies on the Ocean
Avenue frontage and common courtyards adjacent to each unit.
Staff has expressed concern to the applicant reqarding the design
of the building in terms of the exterior facade. Conditions ~o
the Architectural Review Board have been included to ensure that
ARB pay particular attention to the design ot the building in
terms of the compatibility with the surroundinq properties.
Parking
The required parking is based on the number ot bedrooms of each
unit. Parking is required as follows:
2 two-bedroom units . 2 .pao.. each -
14 three-bedroom units @ 2.5 spaces each -
Guest parking @ 1 space per 5 units -
Total Parking ..
4.0 spaces
35.0 spaces
3.0 spaces
42.0 spaces
The proj act provid.. 39 parking spaces in a one level subter-
ranean garage and eight quest parking spaces on the ground level
adjacent to the rear alley tor a total ot 47 spaces.
CONCLUSION
The proposed condominium complies with all applicable provisions
of the Zoning Ordinance, the North of wilshire Moratorium and the
General Plan and therefore merits approval.
RECOMMENDATION
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..
It is recommended
al Use Permit 90-
tati va Tract Mar
conditions:
that the Planning commission approve Condition-
S , Development Review 90-006 and Vesting Ten-
-6656 subject to the following findinqs and.
TENTATIVE TRACT ~~p FINDINGS
1. The proposed subdivision, together with its provision for
its design and improvements, is consistent with applicable
general and specific plans as adopted by the City of Santa
Monica in that the plan conforms to the provlsions of the
Zoning Ordinance and the General Plan.
2. The site is physically suitable for the proposed type of
development in that it is a standard lot with no unusual
characteristics.
3. The site is physically suitable for the proposed density
of development in that a 31,500 square foot lot in the R4
District can accommodate 42 units.
4. The design of the subdivision or the proposed improvements
will not cause substantial environmental damage or sub-
stantially and avoidably injure fish or wildlife or their
habitat in that the proposed development is an in-fill of
urban land which does not support fish or significant
wildlife.
S. The design of the subdivision or the type of improvement
will not cause serious public health problems in that the
proposed development complies with the provisions of the
Zoning Ordinance and General Plan.
6. The design ot the subdivision or the type ot improvements
will not conflict with easements, acquired by the public
at large, for access through, or use of, property within
the proposed Subdivision in that the subject site is ade-
quately serv.d by existing streets and alleys.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed us. is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the "City ot Santa Monica Comprehensive Land
Use and Zoning Ordinance", in ~hat the proposed condomini-
um conforms to the Zoning Ordinance and the General Plan.
2 ~ The proposed use would not im.pair the integrity and.
character of ehe district in whieh it i. to be established
or located, in that it would be located in a mUlti-family
residential district.
3. The SUb: ~t parcel is physically suitable for the type of
land us~. being proposed, in that the proposed project
meets the density standards for the R4 District.
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4.
5.
6.
7.
s.
9.
LOa
ll.
12.
The proposed use is compatible with any ot the land uses
presently on the subject parcel it the present land uses
are to remain, in that the existing structure would be
demolished.
The proposed use would be compatible with existing and
permisslble land uses wlthin the dlstrict and the general
area in which the proposed use is to be located, in that
the area is a mlX of single-family and multi-family
resldentlal units.
There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that the proposed development is an in-fill of urban
land adequately served by existing infrastructure.
Public access to the proposed use will be adequate, in
that the site is adequately served by existing streets and
alleys.
The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that all setbacks, lot coverage
and height requirements for the R4 District and the North
of Wilshire Moratorium have been met.
The proposed use is consistent with the goals, objectives,
and policies ot the General Plan, in that the area is de-
fined as a Low Density Housing area by the Land Use Ele-
ment of the General Plan.
The proposed use would not be detrimental to the public
interest, health, satety, convenience, or qeneral welfare,
in that the proposed project complies with the provisions
of the Zoning Ordinance, the North ot Wilshire Moratorium
and the General Plan.
The proposed us. conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions outlined in Subchapter 7, Section
9055 of the City of Santa Monica Comprehensive Land Use
and Zoninq Ordinance, in that no performance standard per-
mit would be required.
The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the area
is defined as a multi-family residential district.
DEVELOPMENT REVIEW FINDINGS
1. The physical location, size, massinq, and placement of
proposed structures on the site and the location of pro-
posed uses within the project are compatible with and re-
late harmoniously to surrounding sit.. and neiqhborhoods,
in that the project complies with the property development
- 5 -
standards adopted as part ot the North of Wilshire
Moratorium.
2. The rights-ot-way can acco1lUl1odate autos and pedestrians,
including parking and access, in that the site is ade-
quately served by exist~ng streets and alleys.
3. The health and safety services (police, fire, etc.) and
public infrastructure (e.g. utilities) are sufficient to
accommodate the new development, in that the proposed
development is an in-fill of urban land adequately served
by existing 1nfrastructure.
4. Anyon-site provision of housing or parks and public open
space, which are part of the required project mitigation
measures required in Subchapter SG of the City of Santa
Monica Comprehensive Land Use and Zoning Ordinance, satis-
factorily meet the goals of the mitigation program, in
that the project is not su6ject to the provisions of Sub-
chapter SG.
5. The project is generally consistent with the Municipal
Code and General Plan, in that it complies with the
development standards for the R4 District.
CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW CONDITIONS
Plans
1. This approval is for those plans dated Oc~ob.r 2, 1990, a
copy of which shall be maintained in the tiles of the
City Planninq Division. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions ot approval.
2. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoninq Or-
dinance) and all other pertinent ordinance. and General
Plan pOlici.. of the City of Santa Monica.
3. Final parkinq lot layout and specifications shall be sub-
ject to tha review and approval of the Parking and Traffic
Enqin..r.
4. Minor amendments to the plans shall be Subject to approval
by the Director of Planning. A significant change in the
approved concept shall ba subject to Planninq commi..ion
Review. Construction shall be in conformanca with the
plans submitted or as modified by the Planninq Commi.sion,
Architectural Review Board or Director of Planning.
Architectural Re iew Board
5. The ARB - ~all pay particular attention tha the exterior
facade to ensure that the desiqn of the building is com-
patible with surrounding properties.
- 6 -
6. Prior to consideration of the project by the Architectural
Review Board, the applicant shall review disabled access
requirements w~th the Building and Safety Division and
make any necessary changes in the project design to
achieve compliance with such requirements. The ArChitec-
tural Review Board, in its review, shall pay particular
attention to the aesthetic, landscaping, and setback im-
pacts of any ramps or other features necessitated by ac-
cessibility requirements.
7. Plans tor final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
8. The existing mature trees located in the northwest corner
of the parcel shall be either preserved in their present
location or relocated to a specific location on the prop-
erty to the satisfaction of the Planning Division and the
Architectural Review Board~
9. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities~ scale and articulation of design ele-
ments; exter~or colors, textures and materials ~ window
treatment: glazing: and landscaping.
10. Landscaping plans shall comply with Su}:)chapter S8
(Landscaping StandardS) ot the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
11. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC Section 9040.13-9040.15.
Refuse areas shall be ot a size adequate to meet on-site
need, including recycling. The Architectural Review Board
in its review shall pay particular attention to the
screening ot such areas and equipment.
12. No gas or electric meter. shall be located within the re-
quired front yard setback area. The Architectural Review
Board in its review shall pay particular attention to the
location and screening ot such meters.
13. The ArChitectural Review Board shall pay particular atten-
tion ~o the location of the proposed root decks in rela-
tion to the privacy of adjacent residents.
Fees
14. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traftic and
air quality impacts reaultinq trom both new and existing
development. The Plan will likely include an ordinance
establishing mitigation requirements, including one-time
payment of tees on certain type. of new development, and
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annual tees to b. paid by certain types ot employers in
the City. This ordinance may require that the owner of
the proposed proj act pay such new development tees, and
that employers within the project pay such new annual em-
ployer fees related to the city's Transportation Manage-
ment Plan.
15. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
~ssuance of a building permit for the construction or re-
placement of the residential unites) on the subject lot,
per and subject to the provisions of Section 6670 et seq.
of the Santa Monica Municipal Code.
construction
16. During construction, a security fence, the height of which
shall be the maximum permitted by the Zoning Ordinance,
shall be maintained around4the perimeter of the lot. The
lot shall be kept clear of all trash, weeds, etc.
17. Unless otherwise approved by the Department of General
Services, all sidewalks shall b. kept clear and pas.able
during the grading and construction phase of the project.
18. Sidewalks, curbs, qutters, pavinq and driveways which need
replacinq or removal as a result of the project as d.te~-
mined by the Oepartment ot General Service. shall be re-
constructed to the satisfaotion ot the Department of
General Service.. Approval tor this work shall be ob-
tained from the Department of General Service. prior to
issuance of the building permits.
19. Vehicles haulinq dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
20. Street tre.s shall be maintained, relocated or provided as
required in a manner consistent with the City'S Tree Code
(Ord. 1242 CCS), per the specifications ot the Department
of Recreation and Parks and the Department ot General Ser-
vices. No street tree shall be removed without the ap-
proval ot the Oepartment of Recreation and Parks.
21. A construction period mitigation plan shall be prepared by
the applicant tor approval by the Oepartment ot General
Servic.. prior to issuance of a building permit. A8 ap-
plicable, this plan shall 1) SpecifY the name., addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
architect; 2) Describe how demolition ot any eXisting
structures is to be accomplished; 3) Indicate where any
cranes are to be located tor erection/construction; 4)
Describe how much ot the public street, alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion; 5) Set forth the extent and nature of any pile-
- 8 -
dr~vin9 operat~ons; 6) Describe the length and numher of
any t~ebacks which must extend under the property ot other
persons; 7) Specify the nature and extent of any dewater-
ing and its effect on any adjacent buildings; 8) Descr~be
anticipated contruction-related tr..lck routes, number of
truck trips, hours ot hauling and parking location: 9)
specify the nature and extent of any helicopter hauling;
10) state whether any construction activity beyond normal-
ly permitted hours is proposed: 11) DescriDe any proposed
constructlon noise mitigation measures; 12) Describe con-
structlon-period security measures including any fencing,
1 igh tlng, and security personnel; 13) Provide a dra inage
plan; 14) Provide a construction-period parking plan
which shall minimize use of public streets for parking;
15) List a designated on-site construction manager.
22. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
ldentify the address and p~one number of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction period. Said sign
shall also indicate the hours of permissible construction
work.
23. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during con-
struction at the project site. The pages shall be lam1-
nated or otherwise protected to ensure durability ot the
copy.
Environmental Mitigation
24. Ultra-low flow plumJ"dng fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
25. Prior to issuance ot a certiticate ot Occupancy, project
owner shall pr..ent documentation to the General services
Department certifying that existing Santa Monica occupan-
cies with toilets installed prior to 1978 have been retro-
fitted with ultra low-flow toilets (1.6 gallons per flush
or le..) .uch that development of the new project will
not result in a net increase in wastewater flows. Flow
fro. existing occupancies which will be removed as part
of the new development may Da deducted from tlow at-
tributable to the new development if such occupancies have
been occupied within one year prior to issuance of a
Building Permit tor the proposed project. Alternatively,
proj ect owner may provide a payment to the General Ser-
vices Department in an amount specified by General Ser-
vices in lieu of the installation requirement, which funds
shall be used by the City for the exclusive purpose of
aChieving compliance with this condition by retrofitting
- 9 -
existing occupancies. Flow calculations for new d<velop-
ment and existing occupancies shall be consister with
guidelines developed by the General Services oepar- _ant.
M~scellaneous CUP Conditions
26. The building address shall be painted on the root of the
building and shall measure four feet by eight teet (32
square feet).
27. If any archaeological remains are uncovered during
excavation or construction, work in the affected area
shall be suspended and a recognized specialist shall be
contacted to conduct a survey ot the affected area at
project's owner's expense. A determination shall then be
made by the Director of Planning to determine the 5i9'-
nificance of the survey findings and appropriate actions
and requirements, if any, to address such findings.
.-
28. street and/or alley lighting shall be provided on public
riqhts of way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
29. Any lofts or mezzanines shall not exceed 99 square feet
unless appropriate required parking is supplied. Such
areas shall also not exceed 33.3' of the room below unless
compliance with the district's limits on numher ot stories
can be maintained.
Validity of Permits
30. The Conditional Use Permit and Development Review shall be
of no further torce or etfect if the Tentative Map ex-
pires prior to approval ot a Final Map tor said tract.
31. In the event permi tt.e violates or tails to comply with
any conditions ot approval ot this permit, no further per-
mi ts, license., approvals or certificate. ot occupancy
shall b. i..ued until such violation has been fully
remedied.
32. wi thin ten day. ot Planning Division trans1Ili ttal of the
Statement ot Official Action, project applicant .hall
sign and return a copy of the Stat..ent of Official Action
prepared by the Planninq Division, aqreeinq to the Condi-
tions of approval and acknowledqinq that failure to eomply
with such conditions shall constitute grounds tor poten-
tial revocation of the permit approval. By siqnin9 same,
applicant shall not thereby waive any 1.qa1 riqhts appli-
cant may posse.. regardinq said condi tion.. The siqned
Statement shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
- 10 -
33. This determinat~on shall not become effective for a period
of fourteen days from the date of detenaination, or, if
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required cy the
zoninq Administrator.
INCLCSIONARY UNIT CONDITIONS
34. The developer shall covenant and agree with the City of
Santa Monlca 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 ot the property to ensure
that three affordable units are provided and maintained
over time and through subsequent sales of the property.
An affordable unit shall be defined as being affordable to
households with incomes not exceeding lOot ot the (HUD)
Los Angeles county median ~ncome, expendinq not over 30t
of monthly income on housing costs, as specified by the
Housinq Division of the Department of Community and
Economic Development.
This agreement shall be executed and. recorded prior to
approval of the Final Map. Such agreement shall specify
1) responsibilities of the developer for making the
unites} available to eliqible tenants and 2) responsibil~-
ties of the City of santa Monica to prepare application
forms for potential tenants, establish criteria tor
qualifications, and monitor compliance with the provisions
of the agreement.
Owner shall provide the city Planninq Division with a
conformed copy of the recorded Agreement prior to approval
of the Final Map.
This provision is intended to satiSfy the inclusionary
housing requirements ot Proqram 12 ot the Housing Element
of the General Plan ot the City ot Santa Monica ("Program
12") . Developer may satiSfy the obliqations created by
this Agreement by demonstrating to the Director of Plan-
ning compliance with Ordinance 1448 (CCS), which provides
implementation standards for Program 12.
TENTATIVE TRACT MAP CONDITIONS
1. All off ai te improvements required by the City Engineer
shall ba installed. Plans and specifications for oft site
improvements shall be prepared by a registered oivil en-
gineer and approved by the City Engineer.
2. Betore the City Engineer may approve the final map, a sub-
division improve.ent agreement for all off site improve-
ments required by the City Enqineer shall be prepared and
a pertormance bond posted throuqh the City Attorney's
otfice.
- 11 -
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 Enqineerinq Department of
the city of Santa Monica with one Oizal 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 & RIs
shall be reviewed and approved by the City Attorney. The
ee & R I s shall contain a non-discrimination clause as
presented in Section 9392 (SMMC) and in the case of con-
dom~niums, contain such provisions as are required by Sec-
tion 9122E (SMMC). 4
6. The developer shall provide for payment of a Condominium
Tax of $1,000 per saleable residential unit per the provi-
sions of section 6651 et seq. of the Santa Monica
Municipal Code.
7. The form, contents, accompanying data, and tiling of the
final subdivision map shall conform to the provisions of
sections 9330 through 9338 (SMMC) and the Subdivision Map
Act. The required Final Map filing fee shall be paid
prior to schedulinq of the Final Map for City Council
approval.
8. The form, contents, accompanying data, and tiling of the
final parcel map shall conform to the provisions of Sec-
tions 9350 through 9357 (SMMC) and the Subdivision Map
Act.
9. The final map shall be recorded with the Los Angele. Coun-
ty Recorder prior to i.auance of any building permit for a
condominium proj ect pursuant to Government Code Section
66499.30.
10. Purauant to Section 9366 (SMMC), if the subdivider or any
intere.ted person diaagrees with any action by the
Planning Commia.ion with respect to the tentative map, an
appeal or complaint may be filed in writing with the City
Clerk. No appeal or eomplaint may be filed aft.ar a ten
day period from the Commission'. decision on the tentative
map.
Prepared by: David Martin, Associate Planner
Attachments: A.
B.
C.
D.
Municipal Code and General Plan Conformance
Radius and Location Map
statistical Information sh..e
Summary ot CC & R's
- 12 -
~M
PC/CCP9026a
10/10/90
E. North of Wilshire Moratorium
F. Vestinq Tentative Tract Map 46656
G. Plot Plan, Floor Plans and Elevations
4
- 13 -
ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Land Use
Category Municipal Code Element
Perm1tted Use 1 Unit/900 Same
sq. ft.- 42 du
project
16 Units
He1ght
4 Stories/45, Same
tor a pitched
roof, 4 Stories/40'
for a flat roof
4 Stories/ 40'
setbacks
Front yard 20' .- 20.5'
S1deyard 25' 28.4'
Rearyard 15' 38'
Lot Coverage 50% 47.5%
parking 39 Spaces 47 Spaces
plus 3 Guest Spaces
priv. Open 100 sq. ft. per unit 260 sq. ft. per
Space unit
Landscaping 50% of front yard 96% of front yard
- 14 -
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LEGAL oeSCRIPTION l.lJf3 ~H;O, P.~ lU..,~ ~l':)
~JJ o. ~A",,"" r-u.....d\
CASE NO
ZONE Q4
STREP ~(lOR~~c;
OATE
APPl.,ICANT
SAt<AKURA Co.
r~ellf'"
HeMM~G
Oil T E
---
Relerpf'CtI
Alias "'~C
snee' NO
4
R.~l"ed
RICIII,lS
5M'
SAKAKCRA AMERICA INC.
G.l,i.P. ~ 90-026
STRATISTICAL INFORMATION SHEET
A. 01. TOTAL NUMBER OF UNIT #16
02. eNIT TYPE "A" 2.869.00 SQ. FT. "X" #02 UNITS = 5,738.00 SQ. FT.
..
03. UNIT TYPE "B" 3.248.00 SQ. FT. "X" t14 UNITS = 45.472.00 SQ. FT.
TOTAL AREA FOR UNIT "A" &: "B"
= 51.210.00 SQ. FT.
B. LOT AREA
2 4 9 . 08' " X " 1 50 . 2 6 J
= 37.534.95 SQ. FT.
C. PERCENTAGE OF LOT COVERED BY BUILDING
47.50 "
D. PERCENTAGE OF LOT COVERED BY LANDSCAPING
~Q.so "
E. SELLING PRICE OF EACH UNIT.
01. UNIT TYPE UA" S2.500.000.00 "X" t02 =
$ 5,000,000.00
02. UNIT TYPE "B" S3. 000.000.00 "X" '14 =
S 4.200,000.00
TOTAL SELLING PRICE OF UNIT "AU &: "B"
=
S47.000.000,OO
951 OCEAN AVENUE, SANTA MONICA, CA 90402
~M"&tr C.
Clt'lot
Santa Monica
C=ml.lld'l ana E~ 0tYetllcmer'l Oecart"lent
PI.InnlllQ and Zonl/IQ DIYIIIQI'I
12131 <<58 8Jo4'
TJ:lACi ~c
ADDRESS
~ ..;,
':::.. ..
RESUME
(tIllS should be a bnef summa/)' not an ifldeX to the ccm:iet, set)
CONDOMINIUM ARnct.ES OF INCORPORATION
BYLAWS AND eClRI
Type 01 Organ1zallon
~or-=r=:_~ M~tJal Be~ef~t ~croora~~on
2 MemoershlO
AI: condo~~n~~ homeQwners
3 MemDerstllp TerrM'lillon
Fall~~e to ?ay dues.
sa:e of
....., ..
.....J ...._
4 VQtll'oQ Rights
C,e vo~e ?er =ondo-~n~~- un::
5 Managemem.
5 person Soard 0: J~rec~ors
Ch~ef Flnanc~a~ O:=~cer
?res~den~. :=e-Pres~dent. Secretarv,
5 PrOject \.Jte
?rojec:ed l~:e unllnl:ed
7 EffectiVity Te!TTl 01 ancl Amenaments :0 CC&As
Anendme~~s or by ~aJo~l:Y vOte
8 lJamlenance ProVISIOns
a Urlts 3y eac"l ~ :",dl vld'..la 1 ',In 1: cw- er
') CommOllAreu By Homeowners AS90C'latlOI"
9 Camag.. RtOIl' or aDancSOnmtntproYlSlOl1S By lnsurance :::roceeds or soec la: as se ss:'"e-
of the owners, the Assoclatlon lS reculred to reoalr da~acec
common areas
10 OescnplJon and ownerSI'llI' Of condominium umts It: S
unlts ranglng in Slze ere~ 2,869
nedlan Slze belncr ).248 sa. ::.
11 ~an, ownersntp ancl use 01 common areas
OwnershlO of :he co~on areas shall ~e 5 2'3 ~~dlV:c~d ~~~~~s: ~v
each of ~he unl~ owne~s a~c cc~OI" ~~~as ~saoe s~6_l ~~ 3 3:~3~le
12. Pancing SPICf Ass.gnment ::0,3.11 U'l. t OWl".ers and o:hel. cn.:es ts
42 oarklng spaces, ~~l.=~ Shall be -~~bered 3~d ass~~ne~ to :~~
unIt owners
13 R.1JlCDOns
~ro~osed to co~str~c~ 15 =~r~c~l-_
s.:r : t. to 6. .116 sc. :- -: , IN. ~., :." =
OWne.sh~~ shall ~e ~~:' a::e
a Owner's Finm:l8lIlegal SlaIuS 'lone
b Use "'esldentlal
c Any R"f1CW;$ on Ag. Of ~IS '.0
d PelS '10
'--
Prepa-Id Dy
Titl.
-::"o'!'py S ,';111.: S -L~-zt. ...~ '-'~,
..\t:1:~t".,~v
to.-
0..
;z - ( r - fO
--
~l'\~ D
CA:~~:tl566/hpC
City COU~Cll H..~lng 12-12-89
Santa MonIca, cal~tQrnla
OROINANCE NUMBER :SO~
(Clty CouncIl Serles)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING THE MORATORIt~
ON RESIDENTIAL DEVELOPMENT IN THE AREA BOUNDED
BY OCEAN AVENUE, MONTANA AVENUE, THE EAST
SIDE OF 14TH STREET AND WILSHIRE BOULEVARD FOR
TEN MONTHS IN ORDER TO ALLOW FOR PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT THAT EVALUATES RE-ZONING
OF 'I'HE AREA AND FOR ADOPTION OF CONTROLS ON TIMING OF
CONSTRUCTION OF DEVELOPMENT ~OJECTS APPROVED IN THE AREA
AND DECLARING THE PRtsENCE OF AN EMERGENCY
THE CITY COL~CIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The City council rinds
and declare.:
(a) A siqnificant level ot development activity has
occurred between 3anuary 1987 and March 1989 in the area bounded
by Ocean Avenue on the veat, by Montana Avenue on the north
(includinq the R-3 and R-4 zoned property on the north side ot
Montana Avenue), by 14th street on the ea.t (includin9 the R-3
zoned property on the e..t .1de ot 14th Street), and by Wilshire
Boulevard on the aouth (hereinafter reterred to as the
"moratori.. are.-).
(~) More than twenty-one (21) r.aiden~1.l davelopment
projects that will result in the construction ot 269 new
residential units in the moratorium are. have b.en approved
betwe.n January 1987 and March 1989. This number of projects and
'.
.. 1 -
A.~lv1€lJ"r E-
unlts 15 s~qn~!lcant when compared wlth the development actlv1ty
1n the two prevlous two-year periods 1n the moratorlum area.
Durlnq the periOd from January 1985 throuqh December 1986. only
tour (4) residentlal development proJects, WhlCh resulted ln the
constructlon of slxteen (16) new reSlaent1al units, were approved
1n <:.he :r.oratorlum area. Durlng the period from .January 1983
through Dece~er 1984, only tive (5) residential development
proJects, whl.ch resultecl in t.he construction of seventy-seven
(77) un1ts, were approved in the moratorium are..
(c) Whl.le the City'. Laid Use and Circulation Element,
adopted on October 23, 1983, l.clentitie. a standard ot 48 awelllnq
unlts per net resldentlal acre tor hiqh density re.idential areas
In the City, the development activity that has occurred between
January 1987 and March 1989 has re.ulted in 49.4 dvellinq units
per acre 1n the R-4 portion ot the moratorium area.
(d) While the City'. Land U.e and Circulation Element
ldentlties a standard of 35 dwellinq units per net re.identlal
acre tor medium density r.sidential area., development aCtlvlty
that has occurred betwe.n January 1987 and March 1989 has
resulted in 40.9 dwellinq unit. per acre in the R.3 portion ot
the moratorium ar.a.
(e) A nWlber of exi.tinq properties in the moratorium
area are underdeveloped in relation to the City'. exi.ting
allowable haiqht and density li.it.. Thi. i. .iqnificant in that
the redev.lop.en~ of ~e.e currently underdeveloped properti.. at
gre.ter heiC'lht and den.itie. could r..ult in tha 10.. ot view.
and liqht and. cou.ld po.. . threat to ~a exiatinq character of
the neighborhood.
- 2 -
(!)
SlgnJ.tlcant park1nq det1c1enCles eXlst
1n ':1":..
moratorlum area and lncr..sed develop..nt 1. llkely to exacercaee
an already unacceptable level ot parklnq problems.
(9) There lS contlnulMg and lncreasing concern regarding
the capac1ty ot the eXJ.st1nq 1ntrastructure 1n the moratorl~::I
area to suppor~ ~ncreases 1n densities.
(h) There 1. contlnulnq and 1ncr...lnq communlty concern
that an lncreasinq number of application. are and v1l1 contlnue
to be tlled tor develop.ent projects wlthin the moratorlum area.
(i) The amount of construction actlvity taking place 1n
1
the morator1um area causes siqnlficant disrupt10n and nOlse
problems for the resJ.dents ot the area.
(j)
The
lncreas.
1n
development actlvlty
in
the
meratarlum area po.es a threat to the public health, sarety and
.eltar. of the residents.
(k) In light or the above-mentioned concern., the C1.ty
Councll adopted Ordinance Number 1478 (CCS) on May 9, 1989, Wh1ch
ordinance established a 45 day moratorium and adopted Ordinance
Number 1484 (CCS) on June 13, 1989, extendinq the moratorium for
SlX month..
(1) Durinq the past six month., the City'S Planning
Oivlsion convened a ~a.k force co.po.ed of re.ident. and property
owners in ~. .ora~orium ar.a to participate 1n discussions about
solution. to the above-mentioned concerns.
(m) On November 21, 1989, the Planninq Division pr...nted
a
starr
report
to
the
City council
containinq statt
r.commenda~ion. and recommendation. of the ta.k force. Followinq
the staft report, the City Council directed that the aoratorium
... 3 -
l
ce extended In order to allow the statt to prepare an
env1ronmental 1mpact report to evaluate propos.d re-zon1nq ot the
area and tor preparat~on ot an ordinance qovern~nq the rate and
tlmlnq ot construction proJects In the area.
(n) Pend~nq possIble re-zonlnq ot the are., adoptIon of
mod1!led development standards, and controls on tlmlnq of
ccr.struct~on ot approved development proJects in the are., It 15
necessary to extend the Inter1.lI control .easure established by
Ord~nance NUmber 1484 (CCS) in order to pre.erve the .x~stlnq
character ot the moratorium area and prevent any further
-'
aqqravat~on ot the parkinq and other Infrastructure limitations.
SECTION 2. Moratorium.
(a) Subject to the exemptions set forth in Section 3 ot
thlS ordInance, a moratorium i. hereby placed on the acceptance
for processinq ot any application. for approval of tentative
tract maps, tentative parcel map., administrative approvals,
development review permits, conditional u.e permits, or any other
C~ty perm1.ts tor the erection, construction, demolition, movinq,
conversion ot, and excavation and qradinq tor, any re.ic:tent1.al
buildinq or .tructure, includinq any hotel or motel, on
propertie. zoned R-3 or R-4 in the moratorium area.
(b) Subject to the exemptions set forth in Section 3 ot
this Ordinance, the Plannin9 Commi..ion and City .tatt are hereby
directed to eli.approve all appl ieation. filed after April 28,
1989, for approval of tentative tract maps, tentative parcel
map., administrative approvals, clevelop.ent review pe~ita,
conditional u.. p.raita, or any other City peraita for the
- 4 -
erect:.on, COr"str-..:ctlon, c:lemolltlon, 'DOVlnq. c:onverSlon Qf, ana
axcavatloon and qradlnq for, an ra.idant1.a.l b\alc:hnq or
structure, ine1udinq any hotel or ac;el. on properti.. zoned R-3
or R-4 in the moratorlum area.
S!C~ION 3. Exemctlo~~.
The following appllcatlons are
exempt from the provlslons of Sectlon 2 of this Ordinance:
(a) Appll.cations for approval of permi t5 invol vlnq the
erectlon, constructlon, enlargement, 4.m01ition of a s1.ngle
famlly d~ellin9, or Movlnq of, and excavation and grading tor any
51nq1e fam1.1y Qwe111ng.
I
(0) Appllcatlons tor approval of permits involvinq the
erectlon, constructlon, enlargement, demolition, or moving of,
and excavation and gradinq tor any multiple dwelling development
lntended tor rental housing for persons ot low and .oderate
income or for senior citizens, and which development is tinanced
by any tederal, state or City housing a..istanee proqram or owned
by any non-prOfit organization, provided the Direc~or of Planninq
determines that such develop.ent is in conformance with the
General Plan and the Zoninq Ordinanc. and provided a d..d
restric~ion is recorded r.s~rictin9 the development to such
purpo.e.
(c) Applications tor approval of permit. involvlnq the
rehabilita~10ft or enlarge.ent of existing dwelling units.
(d) Application. tor project. d.e.ed complete on or
before April 28, 19.9. An application shall be d.emed complete
tor purpo..s ot this Ordinance within tift..n (15) days tor
sucdivision map. and parcel map., ancl thirty (30) clay. tor all
- 5 -
other penu ts,
a tter the
Plann~nq Olv1510n
recelves
a
substantlally complete applicatIon toqaeher wlth all lntormatlon,
reports, drawinqs, plans, tillnq t.e., and. any other materIals
and docum.nts requ~red by the approprIate application torms
supplled by the City. It, wlehln the specitied t~m. period, the
?lannlnq D1VISlon talls to advlse the applicant in writinq that
hlS or her applicatIon 15 incomplete and to specity all
addltlonal lnto~atlon requIred to complete that applicatlon, the
applIcatlon
shall automatlcally be
deemed
complete.
An
applJ.cation
is
nsubstantiall~ complete"
it
the
missinq
lntormatlon is supplied wlthin two (2) working day. ot the City'.
request.
ee) Applications tor approval of permits involving the
erect~on, construction, enlarqemc.nt, de.olition, or movin9 of,
and excavation and c;radinq tor, projects which have been granted
development permits by the Plannin9 Commission or Planning
DlvIsion prior to April 28, 1989.
e f) Applieations for approval of permits involvinc; the
construction and excavation and grading for, projects where the
followinq require..nts are .et.
(1) Th. applicant owned the property or haa entered
into escrow for purcha.e of the pro~rty on or before May 9,
1989.
(2)
..
No structur.. were on the property on May 9,
1989.
(3) If located in the R-3 District, the application
m.ets the following develop.ent standard.:
- 6 -
. .
( l) Haxuftuftl BUlldl.nq Hel.qht. Thre. storles.
not to exceed 35 teet tor a flat root, or 40 teet tor a pltched
root. A pitched root 15 defJ.ned as a root W.lth a1: least t".o
sldes havinq no less than one foot ot vertlcal rJ.se tor every
three feet of horlzontal run. The walls of the bU.lldinq may not
exceed the maXlmum helqht requlred for a tlat roof.
(11) MaX1mum Unlt Oensity. One dwelllnq unlt
!or each 1250 square teet of parcel area.
No more than one
dwelllnq unlt shall be permltted on a parcel ot less than 4,000
square feet lf a 51nql. tamlly dwelllng existed on the parcel on
~
the etfective date ot thlS Chapter.
(li1) Maximum Parcel Coveraqe. 50 percent.
{1.v}
Minimum Lot S1ze.
5,000 square te.t.
Each parcel shall contain a minimum depth ot 100 te.t and a
mln1mum wldth of 50 teet, except that parcels exi.tlng on the
effectlve date of th~s Chapter are not subject to thlS
requirement.
(v) Front Yard Setback. 20 teet, or .. shown
on the Ofticial Oistricting Map, whichever is greater. Rowever,
25' of the front elevation up to 14 feet in height shall b. set
back an addi ticnal average of 5 t.et and 30t ot the front
elevation aboVe 14 feet in height shall be .et back an additional
average at 10 f..t froa the required front yard ..tback.
(vi) Rear Yard Setback. 15 te.t.
(vii)
Side Yard Setback.
Th. aid. yard
setback shall be determined in accordance with the following
formula, except tor lots ot le.. than 50 teet in width for which
- 7 -
a
the s~de yard shall be lOt ot the parcel w~dth b~t not less than
4 te.t:
5' + (st~r~es x lot w~dth)
50'
For any por~~on ot the structure betw..n 14 teet and 28 t.et 1n
l"Ielght, an addltlonal 4 foot averaqe setback is req\llred. For
any portlon of the structure b.t....n 29 t..t and 38 teet, an
add1.t1.onal 8 toot averaqe setback trom the Ml.n1.mUm Slr:!_ yard
setback 1.S requlred.
(viilJ LandseaplnQ'. A m.lnlmUm ot 50\ ot the
requlred front yard setback aha?l b. landscaped. A minimum of
50\ ot both required slde yard setbacks shall be landscaped. At
least twe 24" box tree. shall be plant.ed i.n the tront yard.
(ix) Private Open Space. For projects of 4 or
5 units, 150 square teet ot private open space per unit shall ~e
requlred. For projects of 6 units or more, 100 square feet of
prlvate open space per unlt shall be required.
(x) Development Review. Is. Development ReVlew
Permlt .lS required for any development of more than 22,500 square
f.et of floor are..
(4) It located in the R-4 District, th. application
meets the following develop.ent .tandar~s:
(1) ~xl.WI lul1cSinq Keiqht.
Four storie.,
not to exceed 40 t.et for a flat root, or 45 teet tor a pitched
root. A pi1:ched. roof i. defined .. a roof with at lea.t two
side. havinq no 1... than on. toot of vertical ri.e for every
thr.. t.et ot horizontal run. Th. walla of the buildinq may not
exc.ed the m.ximua heiqht required tor a flat roof.
- 8 -
.
(ll) MaXlmUm U~l~ oenslty. On8 dwellln9 ~nl~
tor each 900 square te.t: of parcel area.
No mQre t.~ '!n one
dwelllng unit shall be permltt:ea on a ?arcel ot less t.han 4,000
square feet lf a slnqle famlly dwelllnq eXlsted on the parcel on
~he effective date of thls Chapter.
(111) Max1mum Parcel Coveraqe. 50 percent.
(lV)
MlMlmum Lot 51Z8.
5.000 square feet..
Each parcel shall contaJ.n a m1nlmum depth ot 100 feet and a
:nl:umum wlath of 50 feet. except tha1: parcels eX1.stlnq on the
effectlve date of th1.s Chapter are not subJect to thls
<I
<I
requlrement.
(V) Front Yard Setback. 20 teet, or .s shown
on the Officlal Oistrictlnq Hap, whiChever is greater. However,
25' of the front elevation up to 14 t.et in height shall be .et
back an addltlonal averaq. of 5 t.et and 30' ot the tront
elevatlon above 14 teet in heiqht shall be set baek an additlonal
averaqe of 1Q teet from the required front yard setback.
(vi) Rear Yard Setback. 15 teet.
(vii)
Side Yard Setback.
The siel. yard
setback shall be determined in accordance with the tollowing
tormula, except tor lots ot le.. than 50 t.et in width tor which
the side yard shall be lot of the parcel width but not less than
4 teet:
5' + (stori.. x lot width)
50'
For any portion ot the structure betwe.n 14 t..t and 28 t.et in
heic;ht, an additional " foot average ..tback i. required. For
any portion ot the .tructure between 29 f..t and 38 te.t, an
- 9 -
,
add.l~lonal 8 !oo~ averaqe setba.ck from t.he llllnlIll\J.m 510.. yard.
se~back 1S requ1red.
(Vll1) Land,scaplncr. A minl1lu"un ot 50' ot the
requlred front yard setback shall be landscaped. A UU.nlZllum of
50\ of both requ1red slde yard setbacks shall be landscaped" A~
leas~ t~o 24~ box tree. shall be planted 1M the front yard.
(ix) Prlvata Op~n space. For proJects of 4 or
5 ~nlts, 150 square f.et of prlvate open space per unlt shall be
requ1red. For proJects of 6 units or more, 100 square t..t of
pr1vate open space per unlt shall be required.
~
(x) Development Review. A Oevelopment ReV1ew
Permlt 1S requlred for any development of more than 25.000 square
feet ot floor area.
SECTION 4. Th~s Ordinance shall be ot no further toree and
effect ten months from its adoption, unless prior to that date,
after a publlC hearlnq, noticed pur.uan~ to Section 9131.5 of the
Santa Monlca Municlpal Code, the City council, by majority yote,
extends the 1nterim ordinance a. provided by Section 9120,,6 ot
the Santa Monica Municipal Code.
SECTION 5. This ordinance i. declared to be an urgency
measure adopted pursuant to the provision. of Section 91~O.6 ot
the sanu Ironic. Municipal Code and Section 615 of the Santa
Monica Cl~y Charter. It i. n.c....ry tor pre.ervinq the public
peace, health and .atety, and the urvency for its adoption i. .et
forth in the flndinq. above.
- 10 -
SECTION 6.
Any prov~s~on ot the Santa Honlca MunlcJ.pal
Code or appendices thereto lneonslstent with the prOV1.S10ns ot
thlS Ordinance, to the extent ot such inconsl.stenc1.e. and r;o
f~r~~er, are hereby repealed or modltled to that extent necessary
to affect the provlslons of thls Ordlnance.
SECTION i.
If any section, sUDsection, sentence, clause,
or phrase ot thlS Ordlnance is for any reason held to be lnvalld
or unconstltutlonal by a decision ot any court ot any competent
]urlsdlctlon, such declslon Shall not attect the validity ot the
remalning portlons ot tnls Ordinanc.. The Clty Council hereby
declares that it would have passed this ordinance, and each and
every .ectlon, sUbs.ctlon, sentenc., clause, or phrase not
declared l.nvall.d or unconstitutional without reqarc1 to whether
~
any portlon ot the Ordlnance would be subsequently declared
lnvall.d or unconstitutlonal.
SECTION 8. The Mayor shall sign and the City Clerk shall
attest to the passaqe ot this Ordinance. The City Clerk shall
cause the same to b. published onc. in the official newspaper
wlthin 15 days atter its adoption. This Ordinance shall become
effective upon adoption.
APPROVED AS TO FORM:
~M..
ROBERT M. MYERS
City At1:orney
~ y...
U
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Adopted and approved th~s 12th day of Oecember, 1989.
CfU9-, l. (~ .
,. ') - Mayor
! hereby cer~lty that the toreqoinq Ordinance No. 1507(CCS)
was duly and reqularly introduced at a meeting of the Clty
~
Counc~l on the 12th day ot Oecember 1989; that the said Ordinanee
was thereatter duly adopted at a .eetinq ot the City council on
the 12th day of OaeemDer 1989 D1 the following Council vote:
Ayes: CouncilmemDers: ADdo, Finkel, Genser, Jenninq.,
Mayor Zane
Noes: Councilmembera: Katz, Reeel
Abstain: COW'1cilmemDers: Non.
Ab.ent: council.eeers: Non.
"
AT'rEST:
,,'
, ... f/./
,~dA Vk ;1fLJ
At.;t <;1ty Cl.rk
CA:RMH:11566jhpc
C~ty Couucil Meeting 12-12-89
Santa Monica, California
ORDINANCE NUMBER 1507
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING THE MORATORIUM
ON RESIDENTIAL DEVELOPMENT IN THE AREA BOUNDED
BY OCEAN AVENUE, MONTANA AVENUE, THE EAST
SIDE OF 14TH STREET AND WILSHIRE BOULEVARD FOR
TEN MONTHS IN ORDER TO ALLOW FOR PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT THAT EVALUATES RE-ZONING
OF THE AREA AND FOR ADOPTION OF CONTROLS ON TIMING OF
CONSTRUCTION OF DEVELOPMENT PROJECTS APPROVED IN THE AREA
AND OECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. F indinqs and Purpose. The City Council finds
and declares:
(a) A significant level of development activity has
occurred between January 1987 and March 1989 in the area bounded
by Ocean Avenue on the west, by Montana Avenue on the north
(including the R-3 and R-4 zoned property on the north side of
Montana Avenue), by 14th Street on the east (including the R-3
zoned property on the east side of 14th Street), and by Wilshire
Boulevard on the south (hereinafter referred to as the
'Imoratoriua area").
(b) Mora than twenty-one (21) residential development
projects that will result in the construction of 269 new
residential units in the moratorium area have been approved
between January 1987 and March 1989. This number of projects and
\
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,
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un1ts is significant when compared with the development activity
in the two previous two-year periods in the moratorium area.
During the period trom January 1985 through December 1986, only
four (4) residential development projects, which resulted in the
construction of sixteen (16) new residential units, were approved
in the moratorium area. During the period from January 1983
through December 1984, only five (5) residential development
proj ects, which resu1 ted in the construction of seventy-seven
(77) units, were approved in the moratorium area.
(c) While the city's Land Use and. Circulation Element,
adopted on October 23, 1983, identifies a standard of 48 dwelling
units per net residential acre for high density residential areas
in the city, the development activity that has occurred between
January 1987 and March 1989 has resulted in 49.4 dwelling units
per acre in the R-4 portion of the moratorium area.
(d) While the City'S Land Use and Circulation Element
identifies a standard of 35 dwelling units per net residential
acre for medium density residential areas, development activity
that has occurred between January 1987 and March 1989 has
resulted in 40.9 dwelling units per acre in the R-3 portion of
the moratorium area.
(e) A number of existing properties in the moratorium
area are underdeveloped in relation to the City's existing
allowable height and density limits. This is significant in that
the redevelopment of these currently underdeveloped properties at
greater height and densities could result in the loss of views
and light and could pose a threat to the existing character of
the neighborhood.
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.
(t) Significant parkinq deficiencies exist in the
moratorium area and increased development is likely to exacerbate
an already unacceptable level of parking problems~
(g) There is continuing and increasing concern regarding
the capacity of the existing infrastructure in the moratorium
area to support increases in densities.
(h) There is continuing and increasing community concern
that an increasing number ot applications are and will continue
to be filed for development projects within the moratorium area.
(i) The amount of construction activity taking place in
the moratorium area causes significant disruption and noise
problems for the residents of the area.
(j) The increase in development activity in the
moratorium area poses a threat to the public health, safety and
welfare of the residents.
(k) In light of the above-mentioned concerns, the City
Council adopted Ordinance Number 1478 (CCS) on May 9, 1989, Which
ordinance established a 45 day moratorium and adopted Ordinance
NUmber 1484 (CCS) on June 13, 1989, extending the moratorium for
six months.
(1) During the past six months, the City'S Planninq
Division convened a task force composed ot residents and property
owners in the moratorium area to participate in discussions about
solutions to the above-mentioned concerns.
(m) On November 21, 1989, the Planning Division presented
a staff report to the City council contain1nq staff
recommendations and recommendations of the eask torce. Following
the staff report, the City Council dir.c~.d that the moratorium
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..
be extended in order to allow the staff to prepare an
environmental impact report to evaluate proposed re-zoning of the
area and tor preparation of an ordinance governing the rate and
timing of construction projects in the area.
(n) Pending possible re-zoning of the area, adoption of
modified development standards, and controls on timing of
construction of approved development projects in the area, it is
necessary to extend the interim control measure established by
Ordinance Number 1484 (CCS) in order to preserve the existing
character of the moratorium area and prevent any further
aggravation of the parking and other infrastructure limitations.
SECTION 2. Moratorium.
(a) SUbject to the exemptions set forth in Section 3 of
this Ordinance, a moratorium is hereby placed on the acceptance
for processing of any applications for approval of tentative
tract maps, tentative parcel maps, administrative approvals,
development review permits, conditional use permits, or any other
City permits for the erection, construction, demolition, moving,
conversion of, and excavation and grading for, any residential
building or structure, including any hotel or motel, on
properties zoned R-3 or R-4 in the moratorium area.
(b) Subject to the exemptions set forth in Section J of
this Ordinance, the Planning Commission and City statf are hereby
directed to disapprove all applications filed after April 28,
1989, for approval ot tentative tract maps, tentative parcel
maps, administrative approvals, development review permits,
conditional use permits, or any other City permits for the
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.
erection, construction, demolition, moving, conversion of, and
excavation and grading for, any residential building or
structure, including any hotel or motel, on properties zoned R-3
or R-4 in the moratorium area.
SECTION 3. Exemptions. The following applications are
exempt from the provisions of Section 2 of this ordinance:
(a) Applications for approval of permits involving the
erection, construction, enlargement, demolition of a single
family dwelling, or moving of, and excavation and grading for any
single family dwelling.
(b) Applications for approval of permits involvinq the
erection, construction, enlargement, demolition, or moving of,
and excavation and grading for any multiple dwelling development
intended for rental housing for persons of low and moderate
income or for senior citizens, and which development is financed
by any federal, state or City housing assistance program or owned
by any non-profit organization, provided the Director of Planning
determines that such development is in conformance with the
General Plan and the Zoning Ordinance and provided a deed
restriction is recorded restricting the development to such
purpose.
(c) Applications for approval of permits inVOlving the
rehabilitation or enlargement of existing dwelling units.
Cd) Applications for projects deemed complete on or
before April 28, 1989. An application shall be deemed complete
for purposes of this Ordinance within tifteen (15) days for
subdivision maps and parcel maps, and thirty (30) days tor all
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other pe~its, after the Planning Division receives a
substantially complete application together with all information,
reports, drawings, plans, filing fees, and any other materials
and documents required by the appropriate application forms
supplied by the City. If, within the specified time period, the
Planning Division fails to advise the applicant in writing that
his or her application is incomplete and to specify all
additional information required to complete that application, the
application shall automatically be deemed complete. An
application is "substantially complete" if the missing
information is supplied within two (2) working days of the City's
request.
(e) Applications for approval of permits involving the
erection, construction, enlargement, demolition, or moving of,
and excavation and grading for, projects which have been granted
development permits by the Planning commission or Planning
Division prior to April 28, 1989.
(f) Applications for approval of permits involving the
construction and excavation and grading for, projects where the
following requirements are met.
(1) The applicant owned the property or had entered
into escrow for purchase of the property on or before May 9,
1989.
(2) No structures were on the property on May 9,
1989.
(3) If located in the R-3 Dis~rict, the application
meets the fOllowinq development standards:
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(i) Maximum Buildinq Heiqht. Three stories
,
not to exceed 35 feet for a flat roof, or 40 feet for a pitched
roof. A pitched roof is defined as a roof with at least two
sides having no less than one foot of vertical rise for every
three feet of horizontal run. The walls of the building may not
exceed the maximum height required for a flat roof.
(ii) Maximum Unit Density. One dwelling unit
for each 1250 square feet of parcel area. No more than one
dwelling unit shall be permitted on a parcel of less than 4,000
square feet if a single family dwelling existed on the parcel on
the effective date of this Chapter.
(iii) Maximum Parcel Coveraqe. 50 percent.
(iv) Minimum Lot Size. 5,000 square feet.
Each parcel shall contain a minimum depth of 100 feet and a
minimum width of 50 feet, except that parcels existing on the
effective date of this Chapter are not subject to this
requirement.
(v) Front Yard Setback. 20 feet, or as shown
on the Official Oistricting Map, whichever is greater. However,
25% of the front elevation up to 14 feet in height shall be set
back an additional average of 5 feet and 30' of the front
elevation above 14 feet in height shall be set back an additional
average of 10 feet fro. the required front yard setback.
(vi) Rear Yard Setback. 15 feet.
(vii) Side Yard Setback. The side yard
setback shall be determined in accordance with the following
formula, except for lots of less than 50 feet in width for which
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the s~de yard shall be 10% of the parcel width but not less than
4 feet:
5' + (stories x lot width)
50'
For any portion of the structure between 14 feet and 28 feet in
height, an additional 4 foot avera.ge setback is required. For
any portion of the structure between 29 feet and 38 feet, an
addi tional 8 foot average setback from the minimum side yard
setback is required.
(viii) Landscapinq. A minimum of 50% of the
required front yard setback shall be landscaped. A minimum of
50% of both required side yard setbacks shall be landscaped. At
least two 24n box trees shall be planted in the front yard.
(ix) Private Open Space. For projects of 4 or
5 units, 150 square feet of private open space per unit shall be
required. For projects of 6 units or more, 100 square feet of
private open space per unit shall be required.
(x) Development Review. A Development Review
Permit is required for any development of more than 22,500 square
feet of floor area.
(4) If located in the R-4 District, the application
meets the following development standards:
(1)
Maximum Buildinq Heiqht.
Four stories,
not to exceed 40 teet for a flat roof, or 45 teet for a pitched
roof. A pitched root is def lned as a roof with at least two
sides having no less than one foot of vertical rise for every
three feet of horizontal run. The walls of the building may not
exceed the maximum height required for a flat roof.
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.
(il) Maximum Unit Density. One dwelling unit
for each 900 square feet of parcel area.
No more than one
dwelling unit shall be permitted on a parcel of less than 4,000
square feet if a single family dwelling existed on the parcel on
the effective date of this Chapter.
(iii) Maximum Parcel Coveraqe. 50 percent.
( iv)
Minimum Lot Size.
5,000 square feet.
Each parcel shall contain a minimum depth of 100 feet and a
minimum width of 50 feet, except that parcels existing on the
effective date of this Chapter are not subject to this
requirement.
(v) Front Yard Setback. 20 feet, or as shown
on the Official Oistricting Map, whichever is greater. However,
25% of the front elevation up to 14 feet in height shall be set
back an additional average of 5 feet and 30% of the front
elevation above 14 feet in height shall be set back an additional
average of 10 feet from the required front yard setback.
(vi) Rear Yard Setback. 15 feet.
(vii)
side Yard Setback.
The side yard
setback shall be determined in accordance with the fallowing
formula, except tor lots of less than 50 feet in width for which
the side yard shall be 10% of the parcel width but not less than
4 feet:
5' + (stories x lot width)
50'
For any portion of the structure between 14 feet and 28 feet in
height, an additional 4 foot average setback is required. For
any portion of the structure between 29 feet and 38 feet, an
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addi tional 8 foot average setback from the minimum side yard
setback is required.
(viii) Landscapinq. A minimum of 50' _of the
required front yard setback shall be landscaped. A minimum. of
sot of both required side yard setbacks shall be landscaped. At
,
least two 24" box trees shall be planted in the front yard.
(ix) Private Open Space. For projects of 4 or
5 units, 150 square feet of private open space per unit shall be
required. For projects of 6 units or more, 100 square feet of
private open space per unit shall be required.
(x) Development Review. A Development Review
Permit is required for any development of more than 25,000 square
feet of floor area.
SECTION 4. This Ordinance shall be of no further force and
effect ten months from its adoption, unless prior to that date,
after a public hearing, noticed pursuant to Section 9131.5 of the
Santa Monica Municipal Code, the City Council, by majority vote,
extends the interim ordinance as provided by Section 9120.6 of
the Santa Monica Municipal Code.
SECTION 5. This ordinance is declared to be an urgency
measure adopted pursuant to the provisions of section 9120.6 of
the Santa Monica Municipal Code and section 615 of the santa
Monica City Charter. It is nec..sary for preserving the public
peace, health and safety, and the urgency for its adoption is set
forth in the find1nqs above.
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.
SECTION 6.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
turther, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 7.
If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not atfect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 8. 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 published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective upon adoption.
APPROVED AS TO FORM:
~ '-'-
ROBERT M. MYERS
City Attorney
.,.-~--
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,
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Adopted and approved this 12th day of December, 1989.
<:j;).9-, ({~
.. - J Mayor
I hereby certify that the foreqoinq Ordinance No. l507(CCS)
was duly and regularly introduced at a meeting ot the City
Council on the 12th day of December 1989: that the said Ordinance
was thereafter duly adopted at a m..tinq of the City Council on
the 12th day of December 1989 by the followinq Council vota:
Ayes: councilm.embers: Abdo, Finkel, Ganser, Jenninqs,
Mayor Zane
Noes: councilmembers: Katz, Reed
Abstain: Councilmembers: None
Absent: Councilmembers: None
AT'l'EST:
.I1.t;tA lIMrxLJ
AS':>1 glty Clerk