SR-12-A (8)
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C/ED:CPD:DKW:SL
Council Mtg: December 13, 1988
lEe 1 3 1988
Santa Monica, California
TO: Mayor and city council
FROM: City Staff
SUBJECT: Appeal of a Planning Commission Approval of Conditional
Use Permit 533 and Vesting Tentative Parcel Map No.
19937 to Permit a Four-Unit Residential Condominium
Project at 2824 Arizona Avenue in the R2 Zone.
Applicant:
Appellants:
2824 Arizona Avenue Partnership
2824 Arizona Avenue Partnership
and Councilmember Herb Katz
INTRODUCTION
This report recommends that the city council uphold the appeal
and approve Conditional Use Permit 533 and vesting Tentative
Tract Map No. 19937 to allow a four-unit condominium project to
be constructed as proposed, according to the development
standards of the zoning ordinance which was in existence prior to
adoption of the new zoning code on September 8, 1988. The
Planning Commission had approved this project with the condition
that it be redesigned to meet the standards of the new zoning
ordinance.
This recommendation is contingent on the council adopting a
Zoning Ordinance Text Amendment recommended for approval by the
Planning Commission on October 19, 1988.
The Text Amendment
addresses vesting tentative map proposals which were filed prior
to adoption of the new zoning code and, if approved, will allow
them to proceed according to the development standards of the
previous zoning code.
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Die 1 :; 1988
specifically, staff recommends approval of the project as
approved by the Planning commission, deleting special condition
no, 7 of the statement of Official Action (Please refer to
Attachment C):
7, lIThat revised site plans showing a maximum 50% lot
coverage and minimum of ten parking spaces (in lieu of
providing ten parking spaces, the units may be reduced
from three to two bedrooms per unit) shall be reviewed
by the Planning commission prior to submittal of plans
to the Architectural Review Board. The revised plans
shall be in full compliance with the new zoning
ordinance."
BACKGROUND
At the meeting of September 28, 1988, the Planning Commission
unanimously approved the proposed two-story plus 10ft, four-unit
condominium development.
ANALYSIS
The subject application was deemed complete on July 28, 1988,
several months after the April 29, 1988 deadline for ensuring
that applications be considered under the previous zoning
ordinance. Nonetheless, the application was filed in conjunction
with a Vesting Tentative Parcel Map which led staff originally to
believe that the project could be considered under the previous
zoning code. Prior to the Planning Commission hearing, the City
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Attorney's office determined that the project must conform to the
new zoning ordinance which was adopted on September 8, 1988.
The developer, in good faith reliance, incurred the expenses
associated with investing funds, purchasing land, acquiring
architectural, engineering drawings and site planning costs for
the purpose and intent of completing the four-unit condominium
development. As explained in the staff report concerning the
proposed text amendment, this developer and several others
designed their projects to the standards of the then-existing
zoning ordinance based on the understanding that the new
ordinance would tlgrandfather" them, pursuant to representations
by Planning Division staff.
For these reasons, the Planning Commission approved a text
amendment to address the situation of this proposal and several
other pending applications. A separate staff report forwarding
the commission's recommendation on the Text Amendment has been
prepared for Council's review.
The project as proposed conforms to the previous zoning ordinance
and merits approval based on the findings presented in the final
section of this report. Therefore, if Council approves the
ordinance to allow "grandfathering in" of certain applications
such as this one, then staff recommends that the project be
approved as submitted and not be required to redesign to meet the
current zoning code. Such a redesign would require provision of
two additional parking spaces to provide ten spaces instead of
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eight and would require a reduction in lot coverage from 60% to
50%. These revisions represent major design changes.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or financial impact.
RECOMMENDATION
Subject to the approval of the ordinance proposed on the December
13 agenda regarding "grandfathering in" of certain development
applications under the previous zoning code, it is respectfully
recommended that the Council uphold this appeal and approve CUP
533 and Vesting TPM 19937, as submitted with the findings and
conditions set forth in the Planning Commission's statement of
official action, with the exception of Special Condition 7. This
approval shall not take effect until the effective date of the
ordinance relating to this issue.
Prepared by: Shari Laham, Associate Planner
D. Kenyon Webster, Senior Planner
Attachments: A. Appeal Letters, dated 10/7/88 and Letter from
Applicant, dated 10/17/88
B. Minutes from Planning Commission Meeting of
9/28/88
C. Planning Commission statement of Official
Action
D. Planning Commission Staff Report dated 9/28/88
E. Plot Plan, Floor Plans, Elevations, Section,
Landscape and Irrigation Plans
F. Vesting Tentative Parcel Map No. 19937
SL
PC/CUP533CC
11/21/88
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CITY OF S t l r,., .,
2824 Arizona Avenue f~YerSHip '9li'f,A
c/o Tony Daghighian -
12304 Santa Monica Boule"gqrd~fite 218
Los Angeles, CA 900ZSt.. -7 p 4 :10
October 7, 1988
Honorable City Council
Ci ty of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Re: .
: I
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Dear Members of the City Council:
We hereby appeal the Planning Commission's September 28t 1988t Findings and
Conditions of Approval of CUP 533 and Vesting TPM 19937 for our condominium project
at 2824 Arizona Avenue. Our appeal includes, but is not limited to, the fact that these
Findings and Conditions relate to and require that our project comply with the City's
New Zoning Ordinance.
This action was contrary to repeated assurances from City staff that our project
would be subject to the zoning laws in effect on the date the project was accepted for
fIling by the City.
Additional background in support of this appeal will be forthcoming.
~~
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Tony aghighian
2824 Arizona Avenue Partnership
Vel> I..J
_ It
SANIA ~MIQNI CA
1685 MJlaSttl~I, Stnui?~lca, Califorma 90401
(213) 458-8201, Counal office
(213) 450-3313, Home
HERBERT KATZ
Mayor Pro Tempore
October 7, 1988
Planning Department
City Hall
1685 Main street
Santa Monica, CA 90401
I hereby appeal the decision of the Planning Commission at its
September 28, 1988 meeting regarding the following projects:
- 2824 Arizona Avenue, CUP 533, Vestlng Tentative Parcel Map 19937
- 928 19th street, CUP 535, Vestlng TTM 46393
Herb Katz
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2824 Arizona Avenue. Pa!tnership . '1" C'~"/"
c/o Tony Daghlghmn CITY OF S:: ~ _ '-"' <,
12304 Santa Monica Boulevard, SuUef%ll8 A ~"- -
Los Angeles, CA 90025
'88 OCT 18 P 1 49
October 17, 1988
dagh01
Honorable City Council
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Re: Time Extension on Anneal of Planninll Commission Findinlls and Conditions of
Approval of CUP 533- imd Vesting TPM 19937.2824 Arizona Avenue
Dear Members of the City Council:
Pursuant to Section 9366 (SMMC), we hereby consent to a continuance of the time
period in which the City Council must hear our appeal of the Planning Commission's
September 28, 1988, action on our project at 2824 Arizona Avenue. This consent to a
time extension is lnruted to 90 days from the date on which the appeal was filed,
October 7, 1988.
This continuance is granted based on our understanding from City Plannin~
Division staff that the Council will consider on December 13, 1988, a zoning ordmance
amendment that would, in effect, allow the project to proceed under the zoning
standards in effect at the time the project was accepted for filmg by the City (i.e.,
under the old zorung ordinance). This issue is the basis of the appeal.
To avoid additional staff work and having to return to the Planning Commission
with a project that they have already reviewed, we respectfully request that:
1) Our appeal be scheduled on the same Council agenda as the proposed Code
change, and
2) The Council approve the appeal by simply approving the Commission's
September 28, 1988, Findings and Conditions of Approval except for the
specific items which required compliance with the new Zoning Ordinance.
This would, of course, still allow the ArchItectural Review Board to fully reVIew the
final design of the bmlding.
Tony Dag ighian
2824 Arizona Avenue Partnership
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The following items were heard by the Commission:
B. CUP 533, Vesting Tentative Parcel Map 19937, 2824
Arizona Avenue, R2, To permit the construction of a
two-story plus loft, four-unit residential condominium
project in the R2 zone.
The applicant, steve Bacchetti, 1322 2nd street, suite
24, was present to answer questions from the Commission.
The following membe;s ot the public spoke about the
project:
Jack Baptista, Ph.D., 12210 9th street, Santa Monica
Faith Loeb, 2821 Arizona Avenue; santa Monica
Mr. Bacchett1 replied to the pUblic comments and stated
parking will be added if the Commission requires it.
Commissioner pyne asked the cost of the redesign for the
applicant. Mr. Bacchetti stated it would cost between
$2,000 and $3,000. Commissioner pyne asked when the
project had been submitted. Discussion of dates
followed. Commissioner Pyne asked if it was the
discretion of the Commission to use the old zoning code
in this case rather than the new zoning code. The
Deputy city Attorney stated that the new zoning code
must be used if the application was deemed complete
after 4/29/88.
commissioner Hecht was concerned about the narrowness of
the alley and the garage entry wall. The applicant
stated the entry wall was not solid. staff stated the
alley was 15 feet wide.
commissioner Hecht made a motion for approval with the
condition that the project return to the Planning
commission for review and that the retaining wall around
the garage ramp not exceed two feet in height, so as to
allow easier entry from the alley.
Commissioner Lambert seconded the motion. The motion
was approved by the following vote:
AYES: Hecht, Lambert, Mechur, Nelson, Pyne;
ABSENT: Farivar.
'P IllhYl;rlj C<lmn1/55ilih M,n(,cf-c's
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: CUP 533, vesting TPM 19937
LOCATION: 2824 Arizona Avenue
APPLICANT: 2824 Arizona Avenue Partnership
REQUEST: Approval of Conditional Use Permit and vesting
Tentative Parcel Map to allow construction of a
four-uni t I two-story plus loft residential con-
dominium proj ect and a one-lot subdivision for
condominium purposes.
PLANNiNG COMMISSION ACTION
9/28/88
X
Date.
Approved based on the following findings and
subject to the conditions below.
Denied.
other.
CONDITIONAL USE PERMIT FINDING
1. The proposed use and location are in accordance with good
zoning practice in that the proposed development with
revision will meet all development standards and the
General Plan; the use is compatible with existing and po-
tential uses wi thin the general area due to its similar
height, scale and density to surrounding uses; traffic or
parking congestion will not result in that adequate cir-
culation and on-site parking are provided ~ the public
health, safety and general welfare are protected and no
harm to adjacent properties will result in that the
development meets all development standards; and the site
can adequately accommodate the necessary increase of two
parking spaces and reduction from 60% to 50% lot coverage.
TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its prov~s~on for
its design and improvements, is consistent with applicable
general and specific plans as adopted by the City of Santa
Monica.
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2. The site is physically suitable for the proposed type and
density of development in that the project is an in-fill
of urban land adequately served by existing infrastructure
and proposed on a site having no significant physical
characteristics which would preclude the development.
3. 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.
4. The design of the subdivision or the type of improvement
will not cause serious public health problems.
5. The design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public
at large, for access through, or use of, property within
the proposed subdivision.
6. The design of the subdivision does not preclude future
passive or natural heating or cooling opportunities.
SPECIAL CONDITIONAL USE PERMIT CONDITIONS
1. The working drawings shall include a section showing the
overall height of the structure not to exceed 30 feet
above average natural grade.
2. The proposed landscape plan shall be improved to provide
planting in all four setbacks and to increase the size of
some of the trees to the satisfaction of the Architectural
Review Board.
3. That a roof section shall be sublllitted to the Architec-
tural Review Board which shows the method of adequately
screening all roof mechanical equipment.
-
That the individual garage doors
garage shall be equipped with
openers and shall be indicated as
ing drawings.
5. The floor plan shall be revised to the satisfaction of
staff to ensure that the mezzanine is built directly above
and does not exceed one-third the floor area of a con-
tinuous area below.
within the subterranean
automatic garage door
such on the final work-
4.
6. The trash enclosure doors shall be rearranged to open to-
wards the alley. In conjunction with this change, the
applicant shall create a usable common open space in the
adj acent rear yard to the satisfaction of the Archi tec-
tural Review Board.
7. That revised site plans showing a maximum 50% lot coverage
and minimum of ten parking spaces (in lieu of proaviding
ten parking spaces, the units may be reduced from three to
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two bedrooms per unit) shall be reviewed by the Planning
Commission prior to submittal of plans to the Architec-
tural Review Board. The revised plans shall be in full
compliance with the new zoning ordinance.
a. That the retaining wall adj acent and parallel to the
driveway shall extend no higher than two feet above grade
to maintain sight distance.
STANDARD CONDITIONAL USE PERMIT CONDITIONS
1. Plans for final design, landscaping, screening and trash
enclosures shall be subject to review and approval by the
Architectural Review Board.
2. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning commission
Review. Construction shall be in substantial conformance
wi th the plans sUbmitted or as modified by the Planning
Commission, Architectural Review Board or Director of
Planning.
3. 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.
4. The rights granted herein for the Conditional Use Permit
shall be effective only when exercised within a period of
one year from the effective date of approval.
s. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
6. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the parking and Traffic
Engineer.
7. Refuse areas, storage areas and mechanical equipment shall
be screened in accordance with Sec. 9127J .2-4 (SMMC).
Refuse areas shall be of a size adequate to meet on-site
need.
a. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
9. Project design shall comply with the building energy reg-
ulations set forth in the California Administrative Code,
Title 24, Part 2, (Energy Conservation standards for New
Residential Buildings), such conformance to be verified by
the Building and Safety Division prior to issuance of a
Building Permit.
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10. Natural light shall be provided in at least one bathroom
in each dwelling unit.
11. 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.
12. 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.
13. Any outdoor lighting shall be shielded and/or directed
away from adjacent residential properties, with any such
lighting not to exceed 0.5 foot candles of illumination
beyond the perimeter of the subject property.
14. 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.)
15. This determination shall not become effective for a period
of twenty days (ten days for Tentative Parcel Map) from
the date of determination or, if appealed, until a final
determination is made on the appeal.
TENTATIVE PARCEL MAP CONDITIONS
1. All off site improvements required by the City Enginee':
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
a performance bond posted through the Ci ty 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.
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5. Prior to approval of the final map, Condominium Associa-
tion By-Laws and a Declaration of CC & R's shall be re-
viewed and approved by the City Attorney. The CC & Rls
shall contain a nondiscrimination clause as presented in
Section 9392 (SMMC) and contain such provisions as are
required by section 9122E (S}rnC).
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 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 Map for City Council
approval.
8. 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.
9. 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 units on the subject lot, per
and subject to the provisions of Section 6670 et seg. of
the Santa Monica Municipal Code.
VOTE
Ayes: Hecht, Lamberti Mechur, Nelson and pyne
Nays:
Abstain:
Absent: Farivar
I hereby certify that this statement of
accurately reflects the final determination
Commission of the city of Santa Monica.
Official Action
of the Planning
signature
date
print name and title
PC/STCUP533
SL:nh
09/29/88
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CITY PLANNING DIVISION
Comm~nity and Economic Development Department
MEMORANDUM
DATE: September 28, 1988
TO: The Honorable Planning Commission
FROM: Planning staff
SUBJECT: CUP 533, Vesting TPM 19937, New Four-unit condominium
Address:
Applicant:
2824 Arizona Avenue
2824 Arizona Avenue partnership
SUMMARY
Action: Conditional Use Permit and Vesting Tentative Parcel Map
to allow construction of a four-unit residential condominium
project and a one-lot subdivision for condominium purposes. This
application has been analyzed according to the provisions of
the new Zoning Ordinance and will require two revisions to meet
all new development standards.
Recommendation: Approval
SITE LOCATION AND DESCRIPTION
The subj ect property is a 6,020 sq. ft. parcel located on the
south side of Arizona Avenue between Harvard and Yale Streets
having a frontage of 43 feet. surrounding uses consist of two-
story, multiple-family residential (R2) to the north and south
and combination one and two-story, multiple-family residential to
the east and west (R2). The site is relatively flat with no sig-
nificant features.
Zoning Districts: R2
Land Use Districts: Low Density Housing
Parcel Area: 43' X 140' = 6,020 square feet
PROPOSED PROJECT
The applicant is proposing a two-story, plus loft, four-unit con-
dominium project with one level of subterranean parking. A one-
lot subdivision is proposed to permit the condominium develop-
ment. The site is currently developed with a single-family
residence which will be removed with the approval of Rent
Control.
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MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed condominium project is consistent with the Municipal
Code in effect on the date this application was deemed complete
and in conformity with the General Plan as shown in Attachment A.
CEQA STATUS
The proposed project is Categorically Exempt pursuant to Class 3
(14) of the Santa Monica Guidelines for Implementation of CEQA.
FEES
The project is subject to a Parks and Recreation Facilities Tax
of $200.00 per unit and a Condominium Facilities Tax of $1,000.00
per saleable unit.
BACKGROUND
The four-unit condominium project and Vesting Tentative Parcel
Map were deemed complete prior to adoption of the new Zoning Or-
dinance. Municipal Code Section 9325 states that lithe approval
or conditional approval of a vesting tentative map shall confer a
vested right to proceed with development in substantial com-
pliance with those ordinances, policies and standards in effect
as of the date the application for a vesting tentative map is
determined to be complete, or as otherwise permitted by Govern-
ment Code Section 66474.2" (emphasis added).
Briefly, Government Code Section 66474.2 states that if a local
agency has formally initiated proceedings by way of ordinance or
resolution and published notice of such ordinance or resolution,
in accord with procedures used by the local agency for pUblica-
tion of ordinances, to amend applicable zoning or subdivision
ordinances before it has received the complete application, the
local agency may apply any ordinances, policies, or standards
enacted or instituted as a result of those proceedings which are
in effect on the date the local agency approves or disapproves
the tentative map. Since the City had formally initiated adop-
tion of the new zoning ordinance prior to the date of application
being made and the applicant was therefore given reasonable
notice of the pending ordinance revisions, the vesting tentative
map and proposed four-unit development is subject to the revised
zoning ordinance standards.
Notwithstanding the prov~s~ons of Government Code Section
66474.2, Section 66498.3 states that a local agency may condi-
tionally approve a vesting map for a subdivision for which the
intended development is inconsistent with the zoning ordinance in
existence at that time, subject to the necessary changes being
made to provided consistency with the revised zoning ordinance
conversely, under Section 66498.4, a local agency may grant a
vesting tentative map approval to the extent that the departures
are authorized under applicable law.
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ANALYSIS
Zoning Consistency
The proposed condominium development submitted prior to adoption
of the revised Zoning Ordinance does not comply with the new
development standards in two areas: 60% lot coverage is in ex-
cess of 50% permitted and eight parking spaces are provided in
lieu of the ten which would be required. state Code specifies
that the commission may take the following action in relation to
a vesting tentative map which is determined inconsistent with a
new zoning ordinance:
1. Conditionally approve the vesting map subject to neces-
sary changes being made to provide consistency with the
new zoning code.
2. Approve the vesting m.ap subj ect to the app1 icant ob-
taining necessary variances to legally permit the
development changes.
3. Deny the vesting map proposal subject to findings being
made that the project is inconsistent with the new
zoning ordinance.
In staff's determination, the necessary modifications may be made
to the plans to bring them into full compliance with the new
zoning Ordinance. Staff is recommending conditions of approval
to this effect. Therefore, the Commission may consider approval
of the vesting tentative map proposal subj ect to the necessary
changes being made to provide project consistency with the new
zoning Code.
Project Design
The proposed condominium development is designed as four, at-
tached townhomes, each of which contains two stories with a loft
in the middle. Each unit will have an enclosed, double garage
within a shared subterranean garage with alley access. Staff is
recommending as a condition of approval that the garage doors be
equipped with automatic openers to reduce the likelihood of con-
gestion developing while residents are entering and exiting their
private garages. Code requires ten parking spaces for this
development and eight are provided: the plans will be revised
accordingly.
The units are proposed to be 1,965 square feet in area, including
three bedrooms and two-and-a-half baths. The 10ft is proposed
between the first and second levels and is open to the extended
living/dining/entry area and kitchen below. The kitchen is open
on one side with only a counter separation from the living/dining
area. However, a full height wall exists between the kitchen and
entry area. The mezzanine must be constructed directly over and
may not exceed one-third the floor area of the continuous open
area below. Therefore, the mezzanine area must be reduced and
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reconfigured so as not to extend across the area defined by the
full height wall shared by the kitchen and entry.
Building height is proposed to be 29 feet, excluding the parapet.
Proposed exterior materials include stucco walls, wood french
windows and doors, wrought iron railings and gates, and arched
entryways and window elements. Proposed lot coverage is 60%, 50%
is the maximum permitted by the new code. Therefore, the lot
coverage must be reduced to 50%. Each unit has a private patio
averaging approximately 100 square feet in area. The front and
rear units each have two, approximately 17 square-foot balconies.
with the exception of landscaped areas in the front and rear
yard, limited common open space exists. The common open space in
the rear yard is approximately 170 square feet in area. However,
its practical use is limited since it is bisected by the pathway
leading to the adjacent trash enclosure. This space could become
more functional and provide the added amenity of usable shared
open space if the trash doors were rearranged to open onto the
alley, rather than towards this yard space. A condition of ap-
proval is recommended to achieve this redesign.
CONCLUSION
The proposed development of four residential condominiums on the
subject site complies with all development standards. The proj-
ect is of a similar height and scale to other developments in the
neighborhood. The project will provide adequate setbacks, land-
scaping, parking and open space. For these reasons, the project
merits approval.
RECOMMENDATION
Provided the applicant adequately revises the plans to meet the
recommended conditions of approval, the proposed development of
four condominium units will comply with all development standards
and the General Plan. Therefore, staff respectfully recommends
that the Planning Commission approve CUP 533 and vesting TPM
19937, subject to the following findings and conditions.
CONDITIONAL USE PERMIT FINDING
1. The proposed use and location are in accordance with good
zoning practice in that the proposed development with
revision will meet all development standards and the
General Plan; the use is compatible with existing and po-
tential uses wi thin the general area due to its similar
height, scale and density to surrounding uses; traffic or
parking congestion will not result in that adequate cir-
culation and on-site parking are provided; the public
health, safety and general welfare are protected and no
harm to adjacent properties will result in that the
development meets all development standards; and the site
can adequately accommodate the necessary increase of two
parking spaces and reduction from 60% to 50% lot coverage.
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TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its prov~s~on for
its design and improvements, is consistent with applicable
general and specific plans as adopted by the city of Santa
Monica.
2. The site is physically suitable for the proposed type and
density of development in that the project is an in-fill
of urban land adequately served by existing infrastructure
and proposed on a site having no significant physical
characteristics which would preclude the development.
3. 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.
4. The design of the subdivision or the type of improvement
will not cause serious public health problems.
5. The design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public
at large, for access through, or use of, property within
the proposed subdivision.
6. The design of the subdivision does not preclude future
passive or natural heating or cooling opportunities.
SPECIAL CONDITIONAL USE PERMIT CONDITIONS
1. The working drawings shall include a section showing the
overall height of the structure not to exceed 30 feet
above average natural grade.
2. The proposed landscape plan shall be improved to provide
planting in all four setbacks and to increase the size of
some of the trees to the satisfaction of the Architectural
Review Board.
3. That a roof section shall be submitted to the Architec-
tural Review Board which shows the method of adequately
screening all roof mechanical equipment.
4.
within the subterranean
automatic garage door
such on the final work-
That the individual garage doors
garage shall be equipped with
openers and shall be indicated as
ing drawings.
5. The floor plan shall be revised to the satisfaction of
staff to ensure that the mezzanine is built directly above
and does not exceed one-third the floor area of a con-
tinuous area below.
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6. The trash enclosure doors shall be rearranged to open to-
wards the alley. In conjunction with this change, the
applicant shall create a usable common open space in the
adjacent rear yard to the satisfaction of the Architec-
tural Review Board.
7. Prior to review by the Architectural Review Board, the
applicant shall submit revised plans in full compliance
with the new zoning ordinance; such revision shall include
a maximum 50% lot coverage and provision of six parking
spaces or reduction of all units to two bedrooms. The
revised plans shall be subject to approval by the Planning
Director. If the plans are determined by the Planning
Director to pose a significant deviation in concept from
the originally submitted plans, the project shall be
resubmitted to the Planning Commission for further
consideration.
STANDARD CONDITIONAL USE PERMIT CONDITIONS
1. Plans for final design, landscaping, screening and trash
enclosures shall be subject to review and approval by the
Architectural Review Board.
2. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning Commission
Review. Construction shall be in substantial conformance
with the plans submitted or as modified by the Planning
Commission, Architectural Review Board or Director of
Planning.
3. 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.
4. The rights granted herein for the Conditional Use Permit
shall be effective only when exercised within a periOd of
one year from the effective date of approval.
5. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
6. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the parking and Traffic
Engineer.
7. Refuse areas, storage areas and mechanical equipment shall
be screened in accordance with Sec. 9127J. 2-4 (SMMC).
Refuse areas shall be of a size adequate to meet on-site
need.
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8. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
9. Project design shall comply with the building energy reg-
ulations set forth in the California Administrative Code,
Title 24, Part 2, (Energy Conservation Standards for New
Residential Buildings), such conformance to be verified by
the Building and Safety Division prior to issuance of a
Building Pernd t .
10. Natural light shall be provided in at least one bathroom
in each dwelling unit.
11. 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.
12. 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.
13. Any outdoor lighting shall be shielded and/or directed
away from adjacent residential properties, with any such
lighting not to exceed 0.5 foot candles of illumination
beyond the perimeter of the subject property.
14. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where pl~mbing is to be added.
(Maximum 1.6 gallon toilets and 1..0 gallon urinals and
low-flow shower head.)
15. This determination shall not become effective for a period
of twenty days (ten days for Tentative Parcel Map) from
the date of determination or, if appealed, until a final
determination is made on the appeal.
TENTATIVE PARCEL MAP CONDITIONS
L 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
a performance bond posted through the city Attorney's
office.
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3. The tentative map shall expire 24 months after approval,
except as provided in the provisions of california Govern-
ment Code Section 66452.6 and sections 9380-9382 of the
Santa Monica Municipal Code. During this time period the
final map shall be presented to the City of Santa Monica
for approval.
4. The developer shall provide the Engineering Department of
the city of Santa Monica with one Dizal Cloth print
reproduction and microfilm of each sheet of the final map
after recordation.
5. Prior to approval of the final map, condominium Associa-
tion By-Laws and a Declaration of CC & R's shall be re-
viewed and approved by the City Attorney. The CC & R's
shall contain a nondiscrimination clause as presented in
Section 9392 (SMMC) and contain such provisions as are
required by Section 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 (SMMC) 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 final map shall be recorded with the Los Angeles Coun-
ty Recorder prior to issuance of any building permit for a
condominium project pursuant to Government Code section
66499.30.
9. 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 permi t for the construction or
placement of the residential units on the subject lot, per
and subject to the provisions of section 6670 et seq. of
the Santa Monica Municipal Code.
Attachments: A. Municipal Code and General Plan Conformance
B. Radius Hap
C. Statistical Information Sheet
D. Summary C.C.&R. 'S
E. Plot Plan, Floor Plans, Elevations, section,
Landscape and Irrigation Plans
F. vesting Tentative Parcel Map No. 19937
PC/CUP533
SL
09/03/88
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MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
ATTACHMENT A
Category
Permitted Use
Height
Setbacks
Front yard
Sideyard
Rearyard
Lot Coverage
Parking
Density
Municipal Code
R2: Permits
Condominium
Development
2 stories/
30 feet
20'
4'-4"
151
60% (Old Code)
50% (New Code)
e spaces
(Old Code)
10 spaces
(New Code)
One Unit/
1,250 sq. ft.
Land Use
Element
Low Density
Housing:
Permits
Condominium
Development
2 stories/
30 feet
Same as
Municipal Code
Same as
Municipal Code
Same as
Municipal Code
Same as
Municipal Code
Same as
Municipal Code
One Unit/
1,500 sq. ft.
(Four Units)
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Project
4-Unit
Condominium
Development
2 stories
loft/
29 feet
20'
plus
4'4" on west side
4'11" on east side
20'-6"
60%
8 spaces
One Unit/
1,500 sq. ft.
(Four Units)
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STREET ADDRESS 2 824 A-r ,..zOl"io:t
LEGAL DESCRIPTION Lc+ 2 q
APPt..ICANT 2g2L.J Av-iZLlno.... AIP-_. 'Dartrs.v-sh:1"'l
1
RADIUS MAP FOR
!1>!!j.\~~OIM@ 1Q)!I~i!\~jj~~!NIif
cmo. A
S-t- Jk_ka- N f
alLl~illNJlIA I
'1~'~~
CAse NO c.l l' 533 i?M iflm-
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ZONE 1<:2
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DATE I I ~.J
PUBLIC :=t 2S 3~
HEARIN(l;
OATE
R.f....nc.
A.tla. MClP 3
Sh..t No
4It?824 ArIzona Avenue ~
STATISTI~AL I~ITO~MA=ION SEE3~
Proposed: Condorriniums
Zom.ng: .:1.2
~~mber of J~ltS: (4)Four
Square Footage ~each unlt): FIrst Floor
Nezzanine
Second :'loor
- 83 J SF
- 265
- 870
'!otal/Jnlt
1 965 SF
Lot SIze: 43' x 140' wIth "5'-0" Alley
Lot Area: 6J20 SF
Buildln~ Lot Coverage: 3611 SF
Percent Lot Coverage: 59.98%
Percent ~andscapIng: 28%
EstImated Selllng Prlce/Unlt: 8300,JCO.OO
.:tear Yard
- 4'-4" & 4'-11" \4.3' mln:munJ
- 20 l_O" "minImum)
- 131-0" + 7'-6"(,. Alley: so 20'-6" \, 15'-0" rr:.n.
Setbacks: Sldeyard
Pront Yarj
UnIts Allowed: 43 X l140+7ii = 63A2/150U = 4.23
BUlldl~f HeIght: 30'-U"
~. re
.(1(ce1 Kill'
~NO.'
I ?<{ 3 t
ADDRESS: 2824 Ar~zona Avenue
RESUME
CONDOMINIUM ARTICLES OF ASSOCIATION
BYLAWS AND CC&R'S
1. Type of organ~zat~on:
The organ~zatlon shall be an unlncorporated homeowners' assoc~atlon
cons~st~ng of the owners of the ~ndIv~dual condomln~um UnIts.
2. MembershIp:
MembershIp shall be appurtenant to the condomInIum ownershIp,
and each owner WIlL automatIcally be a member of the ASSoclatlon.
3. Member termInatIon:
Membershlp can be term~nated cnly by trasfer of t~tle from
a condomlnlum In the proJect.
4. VotIng RIghts:
Each unIt shall be represented 1n the aSSOcIatIon by only
one vote no matter how many owners of the unIt there are.
FractIonal votes are not allowed.
5. Management:
The Assoc~atlon shall be managed by a Board of Dlrectors elected
by the members of the ASSOCIatIOn. There shall be three off~cers
conslst~ng of a presldent, Vlce-Presldent/Treasurer, and Secretary,
WIth terms of one year. Included ~n the dutles and powers
of the Board are enforcement~of the prOV1Slons of the management
documents, malntalnlng common area and Its Improvements, establ1shIng
and collectIng regular a~d speclal assessments, and paYlng
applIcable taxes, Insurance, serVlce ffes, etc. The CC&R's
provlde for an annual meetlng for all owners and speclal meetl~gs
as needed and requested by owners or the Board of Dlrectors.
Buslness may not be conducted at any meetlng of the owners
WIthout a quorum (SOt Of the owners) present 1n person or
by proxy.
6. ProJect Llfe!
ThlS IS not addressed ~n the CC&R'S but 15 estlmated to be
a mln~mum of 55 years.
7. Effect~vlty Term of and Amendments to CC&R's:
The CC&R's are b~ndlng untll January 1, 2025, after WhlCh
they are automat~cally extended for succeSSIve per10ds of
21 years unless a maJorlty of owners records an Instrument
termlnat~n9 the declaratlon. ~he requlrements to amend the
CC&R's are spelled out ~n great deta~l but, br~efly, ~t requ~res
the vote of 75% of the owners of the unlts.
8. Ma~ntenance PrOVISIons:
UnltS: Owners shall maIntaln the 1nterlors of thelr unIts
In such manner necessary In the Judgment of the Board to preserve
and protect the attract~ve appearance and value of the prOJect.
Common Areas: The Board IS responSIble for the ma~ntenance
of the Common Area, all Improvements thereon, and all utIlltles
thereunder, except those ma1ntalned by publ~c utIlIty companles,
In good, clean, attractlve and sanItary order and re~ pursuant
to rules establlshed by the Board of Dlrectors and the ArchItectural
Control CommIttee.
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9.
Damage - Repa~r or Abandonment Prov~sions:
If the proje~t ~s totally or part~ally destroyed, a special
meet1ng of the members ~s called with~n 45 days of the
.destruction to vote on whether or not to repalr the damage.
If they vote to rebu~ld, each owner shall pay his proport~onate
share of the cost over and above the lnaurance proceeds. If
they vote to not rebu1ld, insurance proceeds shall be distributed
among the owners and their lenders proport~anately to the~r
share in the common area. In this case, all units shall have
an und~vided 1/4th equal interest.
10.
Descriptlon and Ownership of Condom~nium Units:
Each unit shall consist of a fee slmple interest in and to
the particular unit. "Unit" is def~ned as the elements of
a condoffilnium WhlCh are not owned in common with owners of
other units ~n the project. The boundaries of the indiv~dua1
un1ts will be shown and defined on the Condomin~um Plan.
11.
Descr~ptlon, Ownership, and Use of Common Areas:
The Common Area 1S the entire proJect excepting all unlts.
Portions of 1t may be designated as Restricted Common Area,
the use of which 15 exercisable only by the owner of the un1t
appurtenant thereto. Each owner of a unit owns l/Sth undivided
lnterest as a tenant-ln-common of the Common Area.
12.
parking Space Asslgnment:
Each unit will have its own enclosed two-car garage which
w1l1 be an integral part of the unit. Thus, parking assignment
is not applicable to thlS proJect.
13.
Restrictions:
Owner's Financial/Legal status: The CC&R's have no restrictlons
regarding the owner's financial or legal status.
Use: All units are to be used solely for Single Family
Residences. There are additional restrictions regarding use
of 51gns, alterations or additions, and parklng.
Age: There are no restrictions regarding age.
Pets: Dogs, cats, and other domestic pets are allowed as
long as they do not disturb or annoy other owners and do not
cause damage to the common area. Plgs, goats, and hogs are
restricted per the CC&R's as are any animals to be used for
commercial purposes.
,