SR-12-A (42)
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APR 1 0 1990
C/ED:PB:OKW:DM
PC/CCUP8972
Council Mtg: April 10, 1990
Santa Monica, California
TO: Mayor and City Council
FROM : City staf f
SUBJECT: Appeal of a Planning Commission Condition of Approval
for Conditional Use Permit 89-072 and Tentative Parcel
Map 21640 to Allow a Four Unit Condominium at 1109 16th
street.
Applicant: Bijan Azadi
Appellant: Bijan Azadi
INTRODUCTION
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This report recommends that the City council deny the appeal and
uphold the Planning Commission approval of CUP 89-072 to allow a
four unit condominium at 1109 16th Street. At the meeting of
February 7, 1990, the Planning Commission approved the project on
a 7-0 vote. The applicant has filed an appeal regarding one
condition of the approval.
The appeal form is provided in
Attachment A.
BACKGROUND
The applicant is proposing the construction of a four unit,
two-story condominium building with a ten space subterranean
parking garage accessed from 16th Court alley. An existing three
un! t residential building would be demol ished . The four units
would feature three bedrooms and three bathrooms each. The
proposed floor plans are similar with the living area on the
first level and the bedrooms on the second level.
Each unit
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would have direct access to an enclosed two car garage. Large
roof decks including private spas are provided for each unit.
ANALYSIS
section 9040.17 (SMMC) requires that on any parcel in the R2
District having a frontage of 50' or greater, there shall be
provided an unexcavated area equal to 4' in width along the
entire length of at least one of the side property lines. The
applicant has designed the project with the unexcavated sideyard
along the north side property line.
At the Planning Commission meeting of February 7, 1990, several
neighbors who live in the condominium building on the adjacent
lot to the south expressed concern about the impact that the
proposed project would have on their property. The resident's
main concern was related to the fate of an existing, mature vine
located on the applicant's property adjacent to their building.
The residents have stated that they have tended the vine for over
ten years and it provides a level of privacy and aesthetic
greenery.
In response to this concern, the Planning commission imposed a
condition that the unexcavated sideyard be relocated to the south
side of the property so that the existing vine could be retained.
The Planning Commission also added a condition that a 2'
unexcavated sideyard shall be provided along the north side
property line.
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The applicant has reviewed the project in terms of the Planning
Commission's action of approval and has concluded that it would
be difficult to redesign the project with the condition. The
applicant has chosen to appeal the Planning Commission decision
rather than to redesign. A possible compromise may be to leave
the required 4' unexcavated sideyard on the north side and to
provide an unexcavated area on the south side which is less than
4' wide but large enough to accommodate the existing vine.
The Council1s options include the following:
- Deny the appeal and uphold the Planning commission's
condition to provide a 4' unexcavated sideyard on the
south side of the property and a 21 unexcavated sideyard
on the north side.
- Approve the appeal and allow the applicant to provide the
4' unexcavated sideyard on the north side of the property
and no unexcavated area on the south side of the property.
- Modify the Planning commissionls condition and allow the
required unexcavated sideyard on the north side of the
property and require the appl icant to provide an
unexcavated area on the south side of the property in
order to preserve the existing vine.
CONCLUSION
The Planning co~ission's condition is an attempt to mitigate the
impacts of the proposed project on the neighbors to the south.
While it may be necessary to redesign the project in order to
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comply with the condition, there does not appear to be any reason
why the condition could not be met.
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 89-072 and TPM 21640 with the findings and conditions
contained in the February 7, 1990 Planning commission statement
of Official Action.
Prepared by: David Martin, Associate Planner
Paul Berlant, Director of Planning
Planning Division
Community and Economic Development Department
Attachments: A. Appeal form dated 2/21/90
B. Planning Commission Statement of Official
Action dated 2/7/90
C. Planning Commission Staff Report dated 2/7/90
Do Plot Plan and Floor Plan
OM
PC/CCUP8972
03/30/90
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City of ~ C&\t.nu.( Ui1
Santa Monica
Community and EconomiC Development Department _
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Planning and Zoning OIVlSlon J Ii' ,- ....
(213) 458.8341 -: 7' v ~ .
APPEAL FORM
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Santa Monica Municipal Cadt
$ectlon 9132.1. Appell allCdon.
(a} My pe.3C:"'I 'nay appear a dedsion of ,. Zoong Adnuf1Istralof 10 lht PIamng CommISSIOn, A dec:lSlOI1 of IfW P1arnng
Comml$Slon on such appeal shaI be ~nal ard noa SUDj8Ct 10 flI'\tler appeat IClIhe City Counci.
(b) My person may appeal an odgr1aI deciSion 0' It1e PlannlOQ ComrMsion to the CIty CoI.n::d.
(C) Once an appeaf fs fled. .. appeIate body may- r8\II8'AI and lake acbOI1 on aU c1ei8r1l1lnat (lfI$, lnterp'etalJons. deosIons.
IUdgmenr~ or Similar acbons taken wtIch were I1Ihe pt.NtW of III onganaI hearing bod)' on !fie ~ Of pmsed and IS
not I irolled to 0Tt1 f'I8 0J'9naI reason Slated fcf 1."le a:lPeal.
SeCllon 9132.2. FlUno of Appeals.
(al Appeals shall be addressed to the appel:ale body 00 a Iorm presalbed b)' \tie Zonl:1g Admu'Ist'atof' PlJ'SUInt fO !he
Subctlapier 1OJ. The appellant shall stale the specdlC reasons for lhe ~s af \he iPQeal.
(0) An appeal 01 a Zoning AdmlMlSlratcl' acuoo shall be lied 'NIltIlhe Plamf'l\; DlIIISlon Wltlln 1. cor.sea.Dve c;alel'ldar days
bIbMng me date of actIOn 'I0I1l when an appeal Is taken.
{el M appeal 01 a PIarnng Commisslon deaslon shaI be filed 1\ 1'18 olfic:e ollhe City Clef1( and WIth t'I8 Zoning Administrator
wrt/'llfl 14 c::onsecuuw cale~ days folowflg hi dale 01 a~ '00 ,~ an atXIeaJ IS made
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STATEMENT OF OFFICIAL ACTION
PROJECT
~w;~BER: Conditional Use Permit 89-072
Tentative Parcel Map 21640
LOCATION: 11Q9 16th street
APPLICANT: Bijan Azadi & Associates
REQUEST: Conditional Use Permit an>d Tentative Parcel Map
to allow the construction of a 4 unit condominium
building.
PLANNING COMMISSION ACTION
02/07/90
XX
Date.
Approved project based on the following findings
and subject to the conditions below.
Denied.
Other.
TENTATIVE PARCEL MAP 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 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 71500 square foot R2 parcel can
accommodate 5 units.
4. The design of the subdivision or the proposed improvements
will not cause substantial environmental damage or sub-
stantially and avoidably injure tish or wildlife or their
habitat in that the proposed development is an in-fill of
urban land adequately served by existing infrastructure.
5. The design of the subdivision or th~ type of improvement
will not cause serious publ~c health problems in that the
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proposed development is complies with the prov~sions of
the Zoning Ordinance and the General Plan.
6. The des~gn of the subdiv~sion 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 th,e "City of Santa Mo.nica Comprehensive Land
Use and Zoning Ordinance", in that the proposed condomini-
um conforms to the Zoning Ordinance and the General Plan.
2.
The proposed use would not impair the
character of the district in which it is to
or located, in that it would be located in
residential district.
integrity and
be established
a mUlti-family
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 R2 District.
4. The proposed use is compatible with any ot the land uses
presently on the subject parcel if the present land uses
are to remain, in that the existing structure would be
demolished.
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-fam1ly 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. Public access to the proposed use will be adequate, in
that the site is adequately ser/ed by existing streets and
alleys.
8. The physical location or placement ot the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that all setback, lot coverage
and height requirements for the R2 District 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.
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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 provlsion
of the Zoning Ordinance and the Gene!a1 Plan.
11.
The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special cond~tions outlined in Subchapter 7, Section
9055 of 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 lmmediate vicin~ty, in tnat the area
is defined as a multi-family residential district.
CONDITIONAL USE PERMIT CONDITIONS
Plans
1. This approval is for those plans dated september 28, 1989,
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
specifled 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.
5. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
6. 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; exterior colors, textures and materials; window
treatment; glazing; and landscaping.
Fees
7. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
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air quality i!.cts resulting from both.W and existing
development. The Plan will l1kely 1nclude an ordinance
establJ.shing 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
the proposed proj ect pay such new development fees, and
that employers within the project pay such new annual em-
ployer fees related to the City's Transportation Manage-
ment Plan.
8. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential unites) on the subject lot,
per and subject to the provisions of section 6670 et seg.
of the Santa Monica Municipal Code.
Demolition
9. until such time as the demolition is undertaken, and un-
less the structure is currently in use, the existing
structure shall be maintained and secured by boarding up
all openings, erecting a security fence, and removing all
debris, bushes and planting that inhibit the easy surveil-
lance of the property to the satisfaction of the Building
and Safety Officer and the Fire Department. Any landscap-
ing material remaining shall be watered and maintained
until demolition occurs.
10. Unless otherwise approved by the Recreation and Parks De-
partment and the Planning Division, at the time of demoli-
tion, any street trees shall be protected from damage,
death, or removal per the requirements of Ordinance 1242
(CCS).
11. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum
permitted by the Zoning Ordinance, shall be maintained
around the perimeter of the lot. The lot shall be kept
clear of all trash, weeds, etc.
12. Prior to issuance of a demolition permit, applicant shall
prepare for Building Division approval a rodent and pest
control plan to ensure that demolition and construction
activities at the site do not create pest control impacts
on the project neighborhood.
Construction
13. 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.
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14. Sldewalks, curbs, gutters, paving and driveways WhlCh need
replaclng or removal as a result of the proJect as deter-
mined by the Depart:'.'lent of General Services shall be re-
constructed to the satlsfac~lon of the Depart~ent of
General Services. Approval for thi s work shall be ob-
tained from the Department of General Services prior to
lssuance of the building permits.
15. Vehicles hauling dirt or other con~.truction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
16. Street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreaticln and Parks.
17. A construction period mitigation plan shall be prepared by
the appl icant for approval by the Department of General
Services pr~or to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business licenE,e numbers of all con-
tractors and subcontractors as well 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 for 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
persons; 7) Specify the nature and extent of any dewater-
ing and its effect on any adjacent buildings; 8) Describe
anticipated contruction-related truck routes 1 number of
truck trips, hours of hauling and parking location; 9)
Specify the nature and extent of any helicopter hauling~
10) State whether any construction activity beyond normal-
ly 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;
15) List a designated on-site construction manager.
18. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign rec~irements which shall
identify the address and phone 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.
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19, A copy of these conditions shall be posted in an easily
v~s~ble and accessible locatlon at all times dur1ng con-
struction at the project site. The pages shall be lami-
nated or otherwise protected to ensure durability of the
copy.
EnVlronmental M~tigation
20. 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.)
Miscellaneous conditions
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The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
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22. 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.
23. Landscaping plans shall comply with Subchapter 5B
(Landscaping Standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
24. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC Section 9040.13-9040.15.
Refuse areas shall be of a size adequate to meet on-site
need, including recycling. The Architectural Review Board
in its review shall pay particular attention to the
screening of such areas and equipment.
25. 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.
26. 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
location and screening of such meters.
27. 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 stories
can be maintained. .
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Valldity of Perm~ts
28. The conditlonal use perm~t shall be of no further force or
effect lf the Tentatlve Map expires prior to approval of a
Final Map for said tract.
29. In the event permlttee violates or fails to comply with
any conditions of approval of this pE!rmit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued untll such violation has been fully
remedied.
30. Within ten days of Planning Division transmittal of the
Statement of Officlal Action, project applicant shall
sign and return a copy of the statement of Official Action
prepared by the Plannlng Division, agreeing to the Condi-
tions of approval and acknowledging that failure to comply
with such conditions shall constitute grounds for poten-
tial revocation of the permit approval. By signing sa~e,
applicant shall not thereby waive any legal rights appli-
cant may possess regarding said conditions. The signed
Statement shall be returned to the Planning Oivision..
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
31. This determination shall not become effective for a period
of fourteen days from the date of determination, or, if
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator.
Special Conditions:
32. The required 4' unexcavated side yard shall be on the
south side of the building and there shall be a 21 unexca-
vated side yard on the north side of the building.
33. The Architectural Review Board shall carefully review the
project in terms of quality of design and compatibility
with surrounding properties.
34. An adequate number of 36" box trees shall be planted in
the unexcavated side yard. The numl:Jer of trees shall be
determined by the Architectural Rev ie'w Board.
TENTATIVE PARCEL MAP CONDITIONS
1. All off site improvements required by the City Engineer
shall be installed. Plans and specifications for off site
improvements shall be prepared by a registered civil en-
gineer and approved by the City Engineer.
2. Before the City Engineer may approve the final map, a sub-
division improvement agreement for all off site improve-
ments required by the City Engineer shall be prepared and
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a performance bond posted through the City Attorney's
offlce.
3. The tentat1ve map shall expire 24 months after approval,
except as prov~ded in the provisions of California Govern-
ment Code Section 66452.6 and sections 9380-9382 of the
Santa Monica Municipal Code. During this time period the
final map shall be presented to the City of Santa Monica
for approval.
4. The developer shall provide the Engineering Department of
the City of Santa Monica with one Dizal Cloth print
reproduction and microfilm of each sheet of the final map
after recordation.
5. Prior to approval of the final map, Condominium Associa-
tion By-Laws (if applicable) and a Declaration of CC & Rls
shall be reviewed and approved by the City Attorney. The
CC & 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).
6. The developer shall provide for paynent of a Condominium
Tax of $1,000 per saleable residential unit per the provi-
sions of Section 6651 et seg. of the Santa Monica
Municipal Code.
7. The form, contents, accompanying data, and filing 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 scheduling of the Final l1ap for City council
approval.
8. The form, contents, accompanying data, and filing of the
final parcel map shall conform to the provisions or 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 Co~~issicn 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
map.
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VO":'E
Ayes:
Far:var, Kau=~a~,
Roser.ste:n
La:nbert,
Ne::"son,
Mech~..1= ,
?yr.e,
~; a y s :
Abs":aln:
Abse:1"::
No':rCE
If thls is a fir.al declslon not subject to further appeal under
t~e Clty of Santa Monica Comprehensive Land Use and Zoning Or-
dlnance, the time within which judicial ~eview of this decision
!r,ust be sought is governed by Code of Civil Procedure Section
1094.6, which provision has been adopted by the City pursuant to
Municipal Code Section 1400. This does not supercede Public
Resources Code Section 21167, which governs the time within which
jUdicial review of the City's acts or decisions in connection
wlth the California Environmental Quality Act must be sought.
I hereby certify that this statement of Offjcial Action accurate-
ly reflects the final determination of the l'lanninq commission of
the city of Santa Monica. .
slgnature
date
prlnt name and title
I hereby aqree to the above conditions of approval and
acknowledge that failure to comply with such conditions shall
constitute grounds for potential revocation of the permit
approval.
Applicant's Signature
Print Name and Title
PC/CST89072
OM
03/04/90
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CITY PLANNING DIVISION
Community and Economic Development Department
MEMORAN.DUM
DATE: February 7, 1990
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Conditional Use Permit 89-072
Vesting Tentative Parcel Map 21640
Address: 1109 16th street
Applicant: B1jan Azadi & Associates
SUMMARY
Action: Application for a Conditional Use Permit and a Vesting
Tentative Parcel Map to allow the construction of a four unit
condominium project.
Recommendation: Approval with Conditions
Permit Streamlining Expiration Date: April 27, 1990
SITE LOCATION AND DESCRIPTION
The subject property is a 7,500 square foot parcel located on the
east side of 16th street between Wilshire Boulevard and Califor-
nia Avenue. The parcel has a frontage of 50' on California
Avenue. Surrounding uses consist of a two-story, mUlti-family
residential on the adjacent lots to the north and south (R2), one
and two-story, mUlti-family residential across 16th Street to the
west (R2) and two-story , mUlti-family residential across 16th
Court alley to the east (R2).
Zoning Districts: R2
Land Use Oistricts: Low Density Housing
Parcel Area: 50' X 150' - 7,500 square feet
PROJECT DESCRIPTION
Proposed is the construction of a four unit, two story condomini-
um building with a ten space subterranean parking garage accessed
from 16th Court alley. An existing three unit residential build-
ing would be demolished. The four units would have three bed-
rooms and three bathrooms. The proposed floor plans are similar
with the living area on the first level and the bedrooms on the
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second level. Each unit would have direct access to an enclosed
two car garage. Large roof decks include private spas for each
unit.
MUNICIPAL CODE AND 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 proposed proj ect is categorically exempt per City of Santa
Monica Guidelines for Implementation of CEQA; Class 3(2).
RENT CONTROL STATUS
The Santa Monica Rent Control Board granted an Owner Occupied
Exemption.
FEES
The proposed 4 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
The applicant has proposed the construction of a two-story, four
unit condominium building over a ten space subterranean parking
garage. The new building would be two stories, 30' in height
above an average natural grade of 168.22. Each unit would fea-
ture a large roof deck with a private spa. The decks are set
back an average of 6' from the edge of the building.
Parking for the four units would be provided in a ten space sub-
terranean parking garage accessed from 16th Court alley. Each
unit has direct access to a private two car garage. A parking
plan has been approved by the parking and Traffic Engineer.
CONCLUSION
The proposed condominium complies with all applicable prov1s1ons
of the Zoning Ordinance and the General Plan and therefore merits
approval.
RECOMMENDATION
It is recommended that the Planning Commission approve Condition-
al Use Permit 89-072 and Vesting Tentative Parcel Map 21640 sub-
ject to the following findings and conditions:
TENTATIVE PARCEL MAP FINDINGS
1. The proposed subdivision, together with its provision for
its design and improvements, is consistent with applicable
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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 7,500 square foot R2 parcel can
accommodate 5 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 adequately served by existinq infrastructure.
5. The design of the subdivision or the type of improvement
will not cause serious public health problems in that the
proposed development is complies with the provisions of
the Zoning Ordinance and the 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.
CO~DITIONAL 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 of Santa Monica Comprehensive Land
Use and zoning Ordinance", in that the proposed condomini-
um conforms to the Zoning Ordinance and the General Plan.
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 proj ect
meets the density standards for the R2 District.
integrity and
be established
a multi-family
2.
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.
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.
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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. Public 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 aeighborhood, in that all setback, lot coverage
and height requirements for the R2 ~istrict 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 provision
of the zoning Ordinance 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 of 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
is defined as a multi-family residential district.
CONDITIONAL USE PERMIT CONDITIONS
Plans
1. This approval is for those plans dated September 28, 1989,
a co:py 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.
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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.
5. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
6. 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; exterior colors, textures and materials; window
treatment; glazing; and landscaping.
Fees
7. 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
the proposed proj ect pay such new development fees, and
that employers within the project pay such new annual em-
ployer fees related to the City's Transportation Manage-
ment Plan.
8. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential unit(s) on the subject lot,
per and subject to the provisions of Section 6670 et seq.
of the Santa Monica Municipal Code.
Demolition
9. until such time as the demolition is undertaken, and un-
less the structure is currently in use, the existing
structure shall be maintained and secured by boarding up
all openings, erecting a security fence, and removing all
debris, bushes and planting that inhibit the easy surveil-
lance of the property to the satisfaction of the Building
and Safety Officer and the Fire Department. Any landscap-
ing material remaining shall be watered and maintained
until demolition occurs.
10. Unless otherwise approved by the Recreation and Parks De-
partment and the Planning Division, at the time of demoli-
tion, any street trees shall be protected from damage,
death, or removal per the requirements of Ordinance 1242
(CCS) .
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11. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum
permitted by the Zoning Ordinance, shall be maintained
around the perimeter of the lot. The lot shall be kept
clear of all trash, weeds, etc.
12. Prior to issuance of a demolition permit, applicant shall
prepare for Building Division approval a rodent and pest
control plan to ensure that demolition and construction
activities at the site do not create pest control impacts
on the project neighborhood.
Construction.
13. Unless otherwise approved by the Department of General
Services, all sieewalks shall be kept clear and passable
during the grading and construction phase of the project.
14. Sidewalks, curbs, gutters, 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 of
General Services. Approval for this work shall be ob-
tained from the Department of General Services prior to
issuance of the building permits.
15. 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.
16. street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
17. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department 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 of all con-
tractors and subcontractors as well 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 for 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
persons; 7) Specify the nature and extent of any dewater-
ing and its effect on any adjacent buildings: 8) Describe
anticipated contruction-related truck routes, number of
truck trips, hours of hauling and parking location: 9)
Specify the nature and extent of any helicopter hauling;
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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:
15) List a designated on-site construction manager.
18. 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 the construction period. Said sign
shall also indicate the hours of permissible construction
work.
19. A copy of these conditions shall l:le 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
20. 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.)
Miscellaneous Conditions
21. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
22. 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.
23. Landscaping plans shall comply with Subchapter 5B
(Landscaping standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
24. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC Section 9040.13-9040.15.
Refuse areas shall be of a size adequate to meet on-site
need, including recycling. The Architectural Review Board
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in its review shall pay particular attention to the
screening of such areas and equipment.
25. street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specification~ and with the approval of the Department
of General services.
26. 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
location and screening of such meters.
;:
27. Any lofts or mezzanines shall not~ exceed 99 square feet
unless appropriate required parking is suppl ied. Such
areas shall also not exceed 33.3% of the room below unless
compliance with the district's limits on number of stories
can be maintained.
Validity of Permits
28. The conditional use permit shall be of no further force or
effect if the Tentative Map expires prior to approval of a
Final Map for said tract.
29. 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.
30. within ten days of Planning Division transmittal of the
statement of Official 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 of approval and acknowledging that failure to comply
with such conditions shall constitute grounds for 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.
Fai~ure to comply with this condition shall constitute
grounds for potential permit revocation.
32. This determination shall not become effective for a period
of fourteen days from the date of determination, or, if
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator.
TENTATIVE PARCEL MAP CONDITIONS-
1. All off site improvements required by the city Engineer
shall be installed. Plans and specifications for off site
improvements shall be prepared by a registered civil en-
gineer and approved by the City Engineer.
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2. Before the City Engineer may approve the final map, a sub-
division improvement agreement for all off site improve-
ments required by the city Engineer shall be prepared and
a performance bond posted through the City Attorney's
office.
3. The tentative map shall expire 24 months after approval,
except as provided in the provisions of California Govern-
ment Code section 66452.6 and sections 9380-9382 of the
Santa Monica Municipal Code. During this time period the
final map shall 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 seg. of the Santa Monica
Municipal Code.
7. The form, contents, accompanying data, and filing of the
final subdivision map shall conform to the provisions of
Sections 9330 through 9338 (S~n1C) and the SUbdivision Map
Act. The required Final Map filing fee shall be paid
prior to scheduling 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
map.
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Prepared by: David Martin, Associate Planner
Attachments: A. Municipal Code and General Plan Conformance
B. Radius Map
C. statistical Information Sheet
D. summery of CC & R's
E. Project Plans
F. Tentative Parcel Map 21640
DM: dIn
PC/CUP89072
03/28/90
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Land Use
Category Municipal Code Element
Permitted Use 1 Unit/1500
sq. ft. = 5du
Height 30'
,
Setbacks
Front yard 20'
Rearyard 15'
sideyard 7'
Lot Coverage 50%
Parking 10 Spaces
Project
4 Units
30'
20'
27'9"
7 '
50%
10 Spaces
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ScaLe- Fect
100 !O'I
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L.E~ DESCRIPTION LOT. V RU')("K_ A4 CASE NO
TRACT: TOWN C'lF C:;:AN'T'll Mf'lNTl"'lI. ZONE R-~
STREET ADDRESS 1111 16TH ST~F.F.'" DATE
eH~ PU8UC
APPUCAN'T AZAD;t HEARING
DATE
R.,..nca.
AIIaIMap
Sheel No
A_ncr 300 FE~T
AacIus
RADIUS f.1AP FOR
PLANNING DEPAfHr.JEtH
City of
Santa Monica
o\urOR"'!,\
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:lATE: 1-25-90
SUBJECT: STATISTICAL I~FORMATION sa~~-
PROJECT: 1109,1111&1113 16TH STRE~ .
THE ~U~BER OF UNITS AND THEIR FLOOR AREA: FOUR CONDOMINIUM UNITS
ONE AT 2400 SQ. FT. TWO AT 1720 SQ. FT. EACH, ^ND ONE AT 1660
SQ. FT. WITH TOTAL AREA OF 7500 SQ. FT. PLUS 5000 SQ. FT. GARAGe.
LOT AREA: 7500 SQ. FT.
PERCENTAGE OF LOT COVERED BY THE SUILDING: 50%
PERCENTAGE OF LOT COVERED BY LANDSCAPING: 15%
~
THE ESTIMATED SELLING PRICE OF EACH UNIT: APROX. $ 400,000.
THE PROPOSED UNITS SHALL BE IN TWO STORIES WITH THREE BED ROOMS
EACH. ALL UNITS SHALL HAVE A GAr~GE UNDERGROUND AND A ROOF TERRACE
ABOVE. THE HIGHEST QUALITY IN FINISHING MATERIALS SHALL BE USED
THROUGHOUT THE BUILDING. THE SITE SHALL BE FOLLY LANDSCAPED AND
SHALL BE EQUIPPED WITH AN AUTOMATIC SPRINKLER SYSTEM.
..~.J"...i.".\;IP~~8A...~"I:"E#2:::c r~.. 2a~ "Ja8 !5'J!
5 :,~." ~_ :....,' ~:8:~ 'Ax 2"3 .~~8 a~';>
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ACDRESS
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RESt-liE
:~~is should be a briar sum=ary not an indax to the co~plet. sat)
CONDOMINIUM ARTICLES OF INCORPORATION
BY tAWS AND CC'R.
1 Type ot organization: No~p=of~t ~n~~cor~orated ass~c:at:=~
2.
Kembership: Cwner of U~~t LS automat~c Toem~er
asscc:at_o-
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3. Membership Termination: ~po, sa:e af ur.~t.
;.
4. Voting Right.: O~e ~er un~t.
5 Management: Through homea~ners assaClatlcn.
6. Project Lite: :~defln~te.
;...
7. Etfectivity Tarw ot and Aaandmant. to CC'Rs: January 1. 2Q20, 21 year
extenSlons, 75\ of total votlng power and ma)Orlty af votes other t~a'
subdlvlder
8. Maintenance provision.:
a. Unit.: By lndlvldual owner.
b. Coaaon Area.: Payment of monthly assessments.
9. Oa..ge - Repair or abandon.ant provi.ion.: If 60\ or more of common
area lS destroyed, vote of 51\ requlred to rebulld. ; If unlt destroyec
owner has re5pons~bll~ty to rebulld uSlng ~nsurance proceeds.
10. oe.erlption and owner.hip ot condoainiua unit.: Indlvldual unlt
lnclud~nq two parklnq spaces ~n fee t~tle.
11. De.crIption, ownar.hip and u.a ot co..on are..: Walkways, dr~veways,
landscaplnq as tenants In common.
12. parkInq Space A..ign.ent: Two spaces per unlt and two quest park~nq.
13. Re.trictions:
a. owner'. Flnane1al/Leqal statu.: No.
b. Usa: Res1dent1al use only.
c. Any Re.triction. on Aqa ot Occupant.: No.
d. Pet.: No more than two pets (excluslve of blrds and flSh] not
exceedlnq 15 pounds.
prepared by: F. ~11~~n ~nn~nft_ ~Qn
Title: A~torney for owner
hp/r..UIla
11/15/88
Dat.:
October 10, 198~