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SR-12-B (22) . ~< . . . t/tJ7-- OO'D . J;l-B C/ED:PB:DKW:LM PC/cup8997c Council Mtg: JU~ 1 2 1990 Santa Monica, California June 12, 1990 TO: Mayor and city Council FROM: city Staff SUBJECT: Appeal of Planning Commission Approval of Development Review (DR) Permit 90-001, Conditional Use Permit (CUP) 89-097 and Vesting Tentative Tract Map (TTM) 48784 For An 18 Unit Condominium Development at 1l14-1128 Princeton Street. Applicant/Appellant: Hyman and Rose Shulman Family Trust Represented by Lawrence and Harding, Attorney's at Law. INTRODUCTION This report recommends that the subject appeal be denied, and the Planning Commission's approval of DR 90-001, CUP 89-097 and Vesting TTM 48784 be upheld subject to the findings and conditions contained in the statement of Official Action dated April 18, 1990 (Attachment A). The applicant is the appellant, and is requesting that two standard conditions not be imposed. BACKGROUND On April l8, 1990 the Planning Commission approved the subject proposal to construct a 2 story plus lOft/30', 18 unit condominium development with subterranean p,lrking for 56 cars by a vote of 6-0. The 18 units will be developed over a 56 space subterranean garage which is accessed from a 20' wide rear alley. The site will be developed with 5 separate buildings housing the 18 townhorne style condominium units. A more detailed description 12-8 - 1 - JUN 1 2 1990 . . of the proj ect may be found in the Planning Commission staff report which is contained as Attachment B of this report. On June 27, 1989 Ordinance 1486 (CCS) was adopted by the City Council. This ordinance requires that a developer comply with any ordinance implementing Program 10 of the Housing Element if one is adopted prior to a Certificate of Occupancy being issued for the project. A proposed condition of project approval (con- dition #14) requires that the project developer comply with any ordinance adopted by the ci ty implementing Program lO of the Housing Element, if such an ordinance is adopted prior to a Cer- tificate of Occupancy being issued, by recording a deed restric- tion on the property. The removal of 28 apartment units and construction of an 18 unit apartment building is subject to such a condition for two rea- sons. First, of the 28 units being removed only 18 will be re- placed, and secondly, the proposed replacement project is for condominium units, not rental units. The developer will there- fore be required to enter into a deed restriction prior to the issuance of building permits, in order to insure compliance with the Program 10 implementing ordinance, if and when one is adop- ted. The deed restriction will also include language requiring the replacement of 10 additional units within the City if no Pro- gram 10 implementing ordinance is adopted by the time a certifi- cate of Occupancy is requested. This will ensure compliance with program 10 as it is currently enforced. - 2 - . . Analysis The subject appeal is focused on two standard Planning Commission conditions of approval, and is done so as to maintain the right to contest the conditions in a court of law by exhausting all administrative remedies available (Attachment C). The first issue is CUP Condition Number 18, which requires the developer to meet any conditions set forth in a Transportation Management Plan (TMP) when and if one is adopted. This is a standard condition of approval, and is placed on all new residen- tial and commercial developments. The appellant cites the need to file an appeal based on the City's lack of a TMP, and the developer's inability to assess the impact of such an ordinance. Through the subject appeal, the applicant reserves the right to object to the TMP ordinance if and when one is adopted. The second issue raised in the appeal letter relates to CUP Con- dition Number 14. This condition implements Program 10 of the Housing Element and is a specific requirement of Ordinance 1486. The condition further sets a $320,000.00 fee for the 10 units not replaced on-site. This fee was reached through discussions between the city Attorney's office, the applicant's attorney and Planning staff. The fee specifically represents a sufficient level of equity investIDent necessary to develop a 10 unit residential project in Santa Monica. Through the subject appeal, the applicant reserves the right to object to the Program 10 im- plementing ordinance if and when one is adopted. - 3 - . . Conclusion In that the subject proposal as conditioned meets all applicable planning and zoning requirements, and as conditioned complies with Program lO of the Housing Element, and since the two condi- tions at issue relate to critical policies of the City, staff recommends that the appeal be denied, and the project approved subject to the findings and conditions contained in the April 18, 1990 Planning Commission statement of Official Action. BUDGET/FINANCIAL IMPACT If a program 10 implementing ordinance is adopted, the project will generate revenue for the Housing Mitigation account. The exact amount will depend on the in-lieu fees set forth in the Program 10 implementing ordinance. If an in-lieu fee option is not available at the time a Certificate of Occupancy is requested for the project, a total of $320,000.00 will be paid by the developer to meet Program 10 replacement requirements. This fee is proposed to mitigate the developer's inability to replace all units on-site. RECOMMENDATION It is respectfully recommended that the Council deny the appeal, and uphold the Planning Commission's approval of DR 90-001, CUP 89-097, and Vesting TTM 48784 subject to the findings and conditions contained in the April 18, 1990 Planning Commission statement of Official Action. - 4 - . . Prepared by: Larry Miner, Associate Planner Paul Berlant, Director of Planning Planning Division Community and Economic Development Department Attachments: A. Planning commission statement of Official Action B. Planning Commission staff Report C. Appeal Letter. D. Project Plans 1m PC/cup8997c 06/05/90 - 5 - . . ATTAc.I-\~erJT A STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: DR 90-001, CUP 89-097 and Vesting TTM 48784 LOCATION: 1114-1l28 Princeton street APPLICANT: Schulman Family Trust REQUEST: To construct a 2 story plus loft/3D', 18 unit condominium development with subterranean parking for 56 cars. PLANNING COMMISSION ACTION 4-18-90 Date. x Approved based on the following findings and subject to the conditions below. Denied. Other. DEVELOPMENT REVIEW FINDINGS 1. The physical location, size, massing, and placement of proposed structures on the site and the location of pro- posed uses within the project are compatible with and re- late harmoniously to surrounding sites and neighborhoods, in that the project site will be developed with 5 separate buildings thereby reducing the bulk and mass of the proj- ect and increasing articulation. This will reduce the projects impact on the surrounding neighborhood. 2 . The rights-Of-way can accommodate autos and pedestrians, including parking and access, in that access to the site will be taken from an existing 20' rear alley. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that all utilities are existing and available to the project site. 4. Any provision of housing or parks and public open space, which are part of the required project mitigation measures required in Subchapter 5G of the city of Santa Monica Com- prehensive Land Use and Zoning ordinance, satisfactorily meet the goals of the mitigation program, in that a condi- tion is placed on the project requiring compliance with - 1 - . . any ordinance adopted by the City implementing Program 10 of the Housing Element. 5. The proj ect is generally consistent with the Municipal Code and General Plan, in that, as conditioned, all plan- ning and zoning requirements are complied with. 6. Reasonable mitigation measures have been included for all adverse impacts identified in an Initial study or Environ- mental Impact Report, in that the project is categorically Exempt. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "city of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that condominium develop- ments are Conditionally permi tted uses and the subj ect proposal complies with all Planning and Zoning requirements. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the area is zoned for multi-family residential development and the proj ect will entail the removal of a 28 unit apartment building and the construc- tion of an 18 unit condominium. 3. The subject parcel is physically suitable for the type of land use being proposed, in that it is level and all utilities are available. 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 proposed 2 story plus loft is similar in scale to surrounding multi-family residences, and the existing 28 unit apartment building will be removed and replaced with an l8 unit condominium development. 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 proposal is under the maximum density permitted in the R2 zoning district. 6. There are adequate prov~s~ons 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 all utilities are available to the site. 7. Public access to the proposed use will be adequate, in that a 201 wide alley will provide access to the 56 space subterranean garage. - 2 - . . 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the surrounding neighbor- hood is composed of 2 story multi-family residences, and the proposed 2. story plus loft, 18 unit condomini urn is compatible as with those existing uses. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that as conditioned, the project complies with Program lO of the Housing Ele- ment as it may be implemented by Ordinance 1486 (ccs) and condition approval #14. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed proj ect is an in-fill development replacing an existing multi-family apartment project with a reduced density 18 unit condominium development. ll. 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 those Subchapters are not applicable to new condominium developments. 12. The proposed use will not result in an overconcentration of such UseS in the immediate vicinity, in that the sur- rounding neighborhood is multi-family in nature and the proposed development will replace an existing 28 unit apartment building thereby reducing the site's overall density. TENTATIVE PARCEL/TRACT MAP FINDINGS 1. The proposed subdivision, together with its prov1s1on for its design and improvements, is consistent with applicable general and specific plans as adopted by the city of Santa Monica in that the map has been reviewed and approved by the City Engineer. 2. The site is physically suitable for the proposed type of development it is level and serviced by all utilities. 3. The site is physically suitable for the proposed density of development in that 6 units are permitted, and 5 units are proposed with all required setback and lot coverage requirements being met. 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 the development is an urban in-fill development. - 3 - . . 5. The design of the subdivision or the type of improvement will not cause serious public health problems in that all public utilities are available to the project site. 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 city Engineer has reviewed the proposed tract map and no additional street dedications have been requested of the developer. CUP CONDITIONS Special Conditions 1. The lofts shall not exceed 1/3 of the master bedroom. Based on a master bedroom floor area of 200 square feet, the lofts shall not exceed 66 square feet in size. Plans 2. This approval is for those plans dated December 11, 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 specified in these conditions of approval. 3. The Plans shall comply with all other provisions of Chap- ter l, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan pOlicies of the City of Santa Monica. 4. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 5. 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 wi th the plans submitted or as modified by the planning Commission, Architectural Review Board or Director of Planning. 6. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 7. 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. - 4 - . . Fees 8. 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. 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 unites) on the subject lot, per and subject to the provisions of Section 6670 et seq. of the Santa Monica Municipal Code. Demolition 10. 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. ll. 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) . 12. 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. 13. 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. - 5 - . . 14. Prior to issuance of building permits for proj ect con- struction, applicant shall enter into a deed restriction that provides for compliance with Program 10 of the Hous- ing Element and incorporates the condition required by Ordinance 1486 (CCS). The deed restriction shall incorpo- rate the following language: Prior to the issuance of a Certificate of Occupancy for the projectl the project shall comply with any ordinance adopted by the city Coun- cil to implement Program lO of the Housing Element. In the event that such an ordinance has not been adopted prior to the issuance of a certificate of occupancy for this development projectl this condition shall be of no further force and effect. Failure to adopt an implement- ing ordinance shall not excuse a developer from the obligation to comply with any other condition imposed in connection with Program 10 of the Housing Element. Prior to the issuance of a certificate of occupancy for this project, the applicant shall comply with any lawful ordinance duly adopted by the City council to implement Program 10 of the Housing Element: provided, however, that if such an ordinance has not been adopted prior to the issuance of a certificate of occupancy for the projectl or if the ordinance then in effect would not permit this ap- plicant to elect to pay a fee in lieu of the applicant's replacement housing obligations thereunder I then the ap- plicant shall be required to file within two (2) years thereafter the development application(s) necessary or appropriate to construct an additional (10) multi-family housing units at a location or locations within the City of Santa Monica. The applicant shall be required to com- ply with all applicable provisions relating to Program 12 of the Housing Element in constructing these ten (10) ad- ditional units. The two-year deadline for filing the ap- plication(s) discussed herein shall automatically be ex- tended by an amount of time of equal duration to any moratorium on the filing of development applications for multi-family dwelling units or condominiums, or a similar measure restricting mUlti-family housing or condominium development. If, pursuant to the terms of this condition, the applicant will be obligated to file an application or applications to construct the aforementioned ten (10) dwelling units, then, to secure the applicant's obligations hereunder, the applicant shall, prior to the issuance of a certificate of occupancy for its IS-unit project, be required to provide the City with an irrevocable letter of credit, or other acceptable security, in a form acceptable to the CitYI in the amount of $320,000. The letter of credit or other acceptable security shall be released by the city and re- turned to this applicant immediately upon issuance of a building permit or permits to the applicant to construct not less than ten (10) additional dwelling units which may be required by this condition. - 6 - . . Prior to the issuance of a demolition permit for the im- provements currently existing on the subject property, the applicant shall execute an agreement with the City and record it against the property, setting forth the terms of this condition; provided, however, that in lieu of record- ing said agreement, or in exchange for a recorded release of that lien against its title, the applicant may at its election provide the City with substitute security for the aforementioned agreement in the form of an irrevocable letter of credit or other acceptable security in the amount of $l,120,OOO, in a form standardly acceptable to the City. The amount of such a letter of credit shall be reduced to $320,000 upon issuance of a certificate of oc- cupancy for the project if no ordinance to implement Pro- gram 10 has been adopted by that date or if the ordinance then in effect does not authorize this applicant to pay a fee in lieu of the applicant's replacement housing obliga- tions thereunder. Construction 15. 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. 16. 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. 17. 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. 18. 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. 19. 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- - 7 - . . 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; 10) state whether any construction activity beyond normal- ly permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe con- struction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking: l5) List a designated on-site construction manager. 20. 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. 21. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 22. 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 l.O gallon urinals and low flow shower head.) Miscellaneous CUP Conditions 23. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 24. 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. 25. Landscaping plans shall comply wi th subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape - 8 - . . maintenance Subchapter. and other standards contained in the 26. 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. 26. 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. 27. 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. 28. 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. Validity of Permits 29. 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. 30. 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. 31. 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. Failure 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. - 9 - . . INCLUSIONARY UNIT CONDITIONS 1. The developer shall covenant and agree with the City of Santa Monica to the specific terms, conditions and restrictions upon the possession, use and enjoyment of the subject property, which terms, conditions and restrictions shall be recorded with the Los Angeles County Recorder's Office as a part of the deed of the property to ensure that 3 affordable unit(s) is (are) provided and maintained over time and through subsequent sales of the property. An affordable unit shall be defined as being affordable to households with incomes not exceeding 100% of the (HUD) Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of community and Economic Development. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify l} responsibilities of the developer for making the unites) available to eligible tenants and 2) responsibili- ties of the City of Santa Monica to prepare application forms for potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. Owner shall provide the City Planning Division with a conformed copy of the recorded agreement prior to approval of the Final Map. This provision is intended to satisfy the inclusionary housing requirements of Program 12 of the Housing Element of the General Plan of the city of Santa Monica ("Program 12") . Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with Ordinance 1448 (CCS), which provides implementation standards for Program l2. TENTATIVE PARCEL/TRACT 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 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 - 10 - . . 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- 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 (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. B. 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 project pursuant to Government Code Section 66499.30. lO. 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. VOTE Ayes: Rosenstein, Pyne, Mechur, Kaufman, Farivar, Nelson Nays: Abstain: Absent: Lambert - 11 - . . NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section l094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1400. I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the Planning Commission of the city of Santa Monica. signature date Donald Lewin Nelson, Chairperson Please Print Name and Title I hereby agree 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/stcp8997 1m 05/08/90 - 12 - . . t-- /1'\ u. --- ATIAct\A.\sNT ~ CITY PLANNING DIVISION Community and Economic Development Department M E M 0 RAN DUM DATE: April 18, 1990 TO: The Honorable Planning Commission FROM: Planning staff SUBJECT: DR 90-001, CUP 89-097 and Vesting TTM 48784 Address: lll4-l128 Princeton street Applicant: Schulman Family Trust SLTMMARY Action: Review of Conditional Use Permit 89-097, Development Re- view Permit 90-001, and Vesting Tentative Tract Map 48784 to al- low development of 2 story plus loft/30', 18 unit condominium project with subterranean parking for 56 cars. Recommendation: Approval with conditions Permit Streamlining Expiration Date: June 19, 1990 SITE LOCATION AND DESCRIPTION The subj ect property is a 31,200 sq. ft. parcel located on the west side of Princeton street between Wilshire Boulevard and Washington Avenue having a frontage of 195 feet. Surrounding uses consist of a 2 story single-family residence to the north (Rl) and 2 mUlti-family residences to the south, east and west (R2) . Zoning Districts: R2 Land Use Districts: Low Density Residential Parcel Area: 195' X 160' - 31,200 square feet PROJECT DESCRIPTION Proposed is the removal of 4 two-story apartment buildings con- taining a total of 28 units and construction of a two story plus 10ft/3D', 18 unit condominium project. The 18 units will be de- veloped over a 56 space subterranean garage which is accessed from a 20' wide rear alley. The site will be developed with 5 separate buildings housing the 18 townhome style condominium units. Three floor plans are proposed: Floor plan "A" will have 1,747 square feet of floor area, 3 bedrooms, a dining room over - 1 - . . for the project. A proposed condition of project approval (con- dition #14) requires that the project developer comply with any ordinance adopted by the City implementing Program 10 of the Housing Element, if such an ordinance is adopted prior to a Cer- tificate of Occupancy being issued, by recording a deed restric- tion on the property. The removal of a 28 apartment units and construction of a 18 unit apartment building is subject to such a condition for two reasons. First, of the 28 units being removed only l8 will be replaced, and secondly, the proposed replacement project is for condominium units not rental units. The subject proposal will therefore be required to enter into a deed restric- tion (Attachment D) prior to the issuance of building permits in order to insure compliance with the Program 10 implementing or- dinance if and when one is adopted. The deed restriction will also include language requiring the replacement of 10 additional units within the City if no Program lO implementing ordinance is adopted by the time a Certificate of Occupancy is requested. This will ensure compliance with Program 10 as it is currently enforced. Under Santa Monica Municipal Code Section 90l2.6{h), a develop- ment review permit is required for any development over 15,000 square feet. The subject proposal is approximately 31,198 square feet in size. The proposal is not subject to CEQA in that any project involving the construction of 35 or less dwelling units is categorically exempt per the City of Santa Monica Guidelines for the Implemen- tation of CEQA. The design of the proposed development is such that impacts on the surrounding neighborhood are minimized. The development of 5 separate buildings gives the project a smaller scale and provides a high degree of roof articulation on the street frontage fa- cades. The orientation of the buildings, specifically roof decks and balconies, further reduces impacts to the neighborhood. By facing all roof decks and most balconies toward the interior of the site, potential privacy issues are mitigated. The use of French windows and balconies provides additional articulation on all building elevations. Required side yard setbacks of 12'-8" are provided as is a re- quired 20' front yard and 15' rear yard. Balconies project the maximum 30" permitted into the front yard and the maximum 4' per- mitted into the required rear yard. The subject proposal meets parking requirements with the provi- sion of 56 parking spaces in a subterranean garage. The garage will be accessed from a 20' rear alley. Fourteen of the units, those with floor plans "A" and "Clt, will have 3 bedrooms and a separate dining room over 100 square feet. Those units would require 3 parking spaces each, or a total of 42 spaces. The remaining 4 units, all with floor plan "B", have 2 bedrooms and a dining rooms over 100 square feet. Those units would require 2.5 parking spaces each, or a total of 10 spaces. A total of 4 quest parking spaces are required. - 3 - . . 6. Reasonable mitigation measures have been included for all adverse impacts identified in an Initial study or Environ- mental Impact Report, in that the project is categorically Exempt. CONDITIONAL USE PERMIT FINDINGS l. 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 condominium develop- ments are Conditionally Permitted uses and the subject proposal complies with all Planning and Zoning requirements. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the area is zoned for mUlti-family residential development and the proj ect will entail the removal of a 28 unit apartment building and the construc- tion of an 18 unit condominium. 3. The subject parcel is physically suitable for the type of land use being proposed, in that it is level and all utilities are available. 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 proposed 2 story plus loft is similar in scale to surrounding multi-family residences, and the existing 28 unit apartment building will be removed and replaced with an 18 unit condominium development. S. 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 proposal is under the maximum density permitted in the R2 zoning district. 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 all utilities are available to the site. 7. Public access to the proposed use will be adequate, in that a 20' wide alley will provide access to the 56 space subterranean garage. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the surrounding neighbor- hood is composed of 2 story multi-family residences, and the proposed 2 story plus loft, 18 unit condominium is compatible as with those existing uses. - 5 - . . reviewed the proposed tract map and no additional street dedications have been requested of the developer. CUP CONDITIONS Special Conditions 1. The lofts shall not exceed 1/3 of the master bedroom. Based on a master bedroom floor area of 200 square feet, the lofts shall not exceed 66 square feet in size. Plans 2. This approval is for those plans dated December 11, 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 specified in these conditions of approval. 3. 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. 4. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 5. Minor amendments to the plans s~all 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. 6. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 7. 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 8. 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 - 7 - . . connection with Program 10 of the Housing Element. Prior to the issuance of a certificate of occupancy for this project, the applicant shall comply with any lawful ordinance duly adopted by the City council to implement Program 10 of the Housing Element; provided, however, that if such an ordinance has not been adopted prior to the issuance of a certificate of occupancy for the project, or if the ordinance then in effect would not permit this ap- plicant to elect to pay a fee in lieu of the applicant's replacement housing obligations thereunder, then the ap- plicant shall be required to file within two (2) years thereafter the development application(s) necessary or appropriate to construct an additional (10) mUlti-family housing units at a location or locations within the City of Santa Monica. The applicant shall be required to com- ply with all applicable provisions relating to Program l2 of the Housing Element in constructing these ten (10) ad- ditional units. The two-year deadline for filing the ap- plication(s) discussed herein shall automatically be ex- tended by an amount of time of equal duration to any moratorium on the filing of development applications for multi-family dwelling units or condominiums, or a similar measure restricting mUlti-family housing or condominium development. If, pursuant to the terms of this condition, the applicant will be obligated to file an application or applications to construct the aforementioned ten (10) dwelling units, then, to secure the applicant's obligations hereunder, the applicant shall, prior to the issuance of a certificate of occupancy for its lS-unit project, be required to provide the City with an irrevocable letter of credit, or other acceptable security, in a form acceptable to the City, in the amount of $320,000. The letter of credit or other _ acceptable security shall be released by the City and re- turned to this applicant immediately upon issuance of a building permit or permits to the applicant to construct not less than ten (10) additional dwelling units which may be required by this condition. Prior to the issuance of a demolition permit for the im- provements currently existing on the subject property, the applicant shall execute an agreement with the City and record it against the property, setting forth the terms of thi. condition: provided, however, that in lieu of record- ing said agreement, or in exchange for a recorded release of that lien against its title, the applicant may at its election provide the City with substitute security for the aforementioned agreement in the form of an irrevocable letter of credit or other acceptable security in the amount of $1,120,000, in a form standardly acceptable to the city. The amount of such a letter of credit shall be reduced to $320,000 upon issuance of a certificate of oc- cupancy for the project if no ordinance to implement Pro- gram 10 has been adopted by that date or if the ordinance - 9 - . . 20. 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. 21. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 22. 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 CUP Conditions 23. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 24. 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. 25. 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. 26. 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. 26. 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. 27. No gas or electric meters shall be located within the re- quired front yard setback area. The Architectural Review - 11 - . . This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the unites) available to eligible tenants and 2) responsibili- ties of the city of Santa Monica to prepare application forms for potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. Owner shall provide the City Planning Oivision with a conformed copy of the recorded agreement prior to approval of the Final Map. This provision is intended to satisfy the inclusionary housing requirements of Program 12 of the Housing Element of the General Plan of the City of Santa Monica ("Program 12") . Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with Ordinance 1448 (CCS), which provides implementation standards for Program 12. TENTATIVE PARCEL/TRACT 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 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 9l22E (SMMC). - 13 - Category . . ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Land Use Municipal Code Element Project 18 unit condo. Permitted Use 1 unit/l,500 sq. ft. lot area = 22 d.u. max. Height 2 stories/3D' Setbacks Front yard sideyard Rearyard Lot Coverage Parking Landscaping 2 stories + loft/ JO' 20' 20' 12'-10" 12'-10" 15' 15' 50% max. 50% 56 parking spaces required. 56 parking spaces proposed. 50% of front yard and unexcavated side yard required. 50%+ of front yard and unexcavated side yard proposed - 15 - . ORIGINAL . 89-1334421 Kev~n Kazal LAWRENCE & PARDI~G 1250 s1xth St~eet, SUlte 3 Santa Monlca, CA 90401 I J I .MM IICOROED IN OFFICIAL RECORDS ~COROERtS OFfICE LOS ANGELES COUNTY CALIFORNIA 1 . t2 P. Y.AUG 18 1989 RECORDING REQUESTED BY A,.";D 'r'lHEN RECORDED MAIL TO: 1685 CA 90JOl '..(1 rICE OF I~ITT~DPAliAL OF CO~TPOLLED RESIDF~TIAL REST~L U~ITS (Regs. l600Z(b)-(f) J j fEE $11 4 S! ~L ~1 P P II (offIce use only) NOrF: ThIS ~Oilr.F. O~ ~ITHnRA~AL must be recorrlerl wIth the Los An~eles County Recorder's OffIce located at 227 ~. Broadwavt Los ~ngeles, C\ 90012, (213) 97J-6611. Proper rec~r~lng shall not take place until 3n days have passed Since fIling of the NOTICE OF INTE~T TO WITHDRAW RESIDE~TI~L RF'1TAL UNITS wIth the Rent Concrol Roard office. The date of flllng of the NOTICE IS the date of acceotance of the NOTICE bv the Rent Concrol Board as noted on the ~OTICE OF ACCF.PTA:-1CE forr.:!. Tenants may not receive notice to terminate e~lstln2 tenancy untIl a conformed COPy of thiS ~OTlr.F.~ pronerlv recorded. has been served upon and acce~ted by the Rent Control Board. I. Oh'NF.R r~FOR~fATr("J~: (All owners of the propertv must be Ilstec. If addItIonal space IS needed attach a separate sheet using the sa~e format). Nar.'le: The Hyman and Rose Shulman Family Trust Address:1964 West~ood Boulevard, Suite 460 Los Angeles, CA 90025 Phone 'lumhcr: ( 213) 470-5813 I I. PROPERTY I'J;:OR'f~T:O': , Address: 1114-1128 Princeton Santa ~1onlCat C,\ 90403 'lP Code \'lPF - 3 3~79R:6/Z4/a6 Palle 1 of 2 . . -< .// STATE OF CALIFORNIA ) ) ssw COUNTY OF LOS ANGELES ) On this /S-r'-day of,4u..~ ,198.2., before me, the unders~gned, a Notary Public~n and for said County and State, personally appeared &e~!'N LevI ff ,personally known to me (or proved to me on the basls of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. WITNESS my hand and official L&~//; ((J / )}~~9" ti9t'fa ture V' - (7 () !la/aile ~ II,; q e!SaJt q Typed or Printed' Nam; c1 seal. 18- - ~. - ~--OFFtCl..\l-~- --r NATALIE C VOGELSANG f ,,; Notary ~IC-Callfomla I L.OS ANGELE:i COUNTY My Ccmn. Exp 0.. 1 e. ,., ~ ~ - - - ~ ~ - - - - - - - - - ----- STATE OF CALIFORNIA ) ) ssw COUNTY OF LOS ANGELES ) On this~day of AIL(; , 19S9, before me, the undersigned, a Notary Public; in and for said County and State, personally appeared L-kr/'u It.eu/".,.I' , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. ( t~j W1!a;;k:d officia1 sea1. '--'~~ture tI p7 T~ 1t1ifn~(fNJ(r7 !J p6:t1J @'OFFICIAlSEALr NATAliE C WlGELSANG NalIiry F\tllIc-c.llfomra LOS ANGELES COUNTY My 0cnIn. EIlp 010. 11, ,., as ~ . . RECORDING REQUESTED BY: Clty of Santa Mon~ca WHEN RECORDED MAIL TO: C1ty of Santa Monlca 1685 Maln street Santa Mon1ca, Callfornia 9040l Attent~on: Housing Program Manager NO RECORDING FEE REQUIRED GOVER~MENT CODE SECTION 27383 Space above thlS llne for recorder's use AGREEMENT REGARDING PROGRAM 10 REPLACEMENT HOUSING REQUIREMENTS ThlS Agreement Regardlng Program lO Replacement Hous~ng Requlrements (herelnafter referred to as "Agreement"), by and (hereinafter referred to as between II Developer") and the CITY OF SANTA MONICA, a municlpal corporation (hereinafter referred to as "Cityn), is made with reference to the following facts: R E C I TAL S: ------- A. Developer is the current owner of that certain real property commonly known as , in the City of Santa Monica, County of Los Angeles, State of California (hereinafter referred to as the "Subject Propertyll), and legally described as follows: B. The Subject Property is improved with ____ mUlti-family residential units. - 1 - . . NOW, THEREFORE, the underslgned partIes agree as follows: 1. Developer shall comply with Program lO by replacing the multifamily residentIal units beIng demolished as part of the ProJect wIth _ residential units on the Project site or else'.vhere in the City prior to J.ssuance of a certiflcate of occupancy for the Project on the SubJect Property. However, in the event that an ordinance implementlng Program 10 of the Housing Element IS adopted by the City council prior to issuance of a cert~ficate of occupancy for the Project, the requlrements of such ord~nance shall supersede thlS condition and Developer shall comply with such ordinance pursuant to this Agreement. 2. Prlor to the issuance of a certlficate of occupancy for thls ProJect, the Project shall comply with any ordinance adopted by the City Council to implement Program 10 of the Housing Element. In the event that such an ordinance has not been adopted prior to the issuance of a certificate of occupancy for thlS ProJect, this condition shall be of no further force and effect. Fail ure to adopt an implementing ordlnance shall not excuse a developer from the obligation to comply with Paragraph 1 of this Agreement. 3. This Agreement may be amended or modified only by a wri ting signed by all of the parties and consented to by the ci ty. Any purported amendment or modification in violation of the terms of this paragraph shall be void. 4. Any notice or other communication contemplated by this Agreement must be made in writing by registered or certified mail, return receipt requested, or by personal delivery, to the appropriate address as set forth below each party's signature (or - 3 - .T17\C t\^-/ENT C Cay of Santa Monica Communlly and Economic De~pment Department Planning and Zoning Dlvts.lcn (213) 458.8341 APPEAL FORM . A. I'" - " " " ,rJ ~! '.1 \. ~~~ ~f"\ .. \' :"';- ~ ~ I , \..1 t- ~_ ......'---t--'l. ... .:. I~ ~ (; ~: FEE: $100.00 Date Fied A 'PR' L "'2.. f" ,q"\ 0 ReceIVed ti1'G :' PP 7!r '^-Jl (1 I"-~ ReceIpt No E l15; e,. g. ~ '2:. Name Hyman and Rose Shulman Fam~ly Trust Mdre~ 1964 Westwood Boulevard, Los Angeles, CA 90025 CcntactPerson Barry Lev~tt Phone (213) 470-5813 Please descnbe the project and deciSIOn to be appealed a two storv 18-uni t condomin~urn oroiect over a subterranean parking garage w1th 56 parking spaces. Case Number CUP 89-097 Address 1114-28 Princeton Street ApphcantHyman and Rose Shulman Family Trust Onglnal heanng date A P r ~ 1 18, 1 9 90 Onglnal acllon Approval of Proi ect Please state Ihespeclflc reason(s) for the appeal On April 18." 1990." the Planninq Cnmmi !=:Ri on unanimously approved th~s new condomlnium project in accordance with the condlt10ns to approval recommended by C1ty Staff. We submltted comments on CUP Condition Nos. 8 and 14. Those comments are set forth in our letter of Aprll 16, 1990 concerning this project. A copy of that letter is attached to th1s appeal. The object~ons ra1sed in that letter form the baS1S for th1s appeal. Law r e nc e & Hard i ng If addrbonal space IS needed, use back 01 tonn. Signatul't' By: ~ ~ -1- ?/ - Kenneth L. Kutcher Attorneys for Hyman and Rose Shulman Family Trust Dale April 27, 1990 '" \ I . '. LAWRE~CE & H&-\RDI~G ",. ."'0"1:5510.......'" COIlllOO"....TJQ... CMlltr..O.....I.. IrII ....A..OINQ 1it'C: ......IIIg... .........ACIlllC IE: I(.(.....c:,... 1.- JtL...~C""~R Ill_ 'I.'''' ...\"i.....AO :liO........ II: """'ARlI!:hI ~ E:'Y' ,.. V III{OZAL. I:~IZA.I:-t-I A ST!:R''''' "'f'TORNEvs AT L,A.W 1250 SIXT", STREET SUITE 300 April 16, 1990 S.....NTA ,.. ON' C..... CAL...;'-ORNIA 90"01 TE...I:....O..E '.l:I~1 393-1007 TE...I!:COP'ER '.1:131 _!5e.'Q59 S....!:RMA... I,. S-AC1:Y ::.'" -C::l.....SIE.. VIA MESSENGER Santa Monica Planning Commission l685 Main Street, Room 212 Santa Monica, CA 90401 Re: DR 90-001, CUP 89-097 and Vesting TTM 48784 Address: Applicant: 1ll4-1128 Princeton street Schulman Family Trust Dear Commissioners: This letter is being submitted on behalf of the Applicant in the above-referenced matter, the Schulman Family Trust, in response to the Staff Report dated April 18, 1990. We agree with the Staff's recommendation that the Commission approve this project. As noted in the staff Report, the physical design of this project is consistent in all respects with the applicable General Plan and Municipal Code development standards. The project contains 18 units (22 units are allowed by the zoning ordinance) and includes 56 parking spaces (more than three parking spaces per unit). The project also satisfies the applicable height, setback, lot coverage and landscaping requirements. In addition, as the Staff Report also acknowledges this project has been designed in a manner to minimize its impact on the surrounding neighborhood. The project consists of five separate buildings, which reduces the scale of the project. Moreover, by having all roof decks and most balconies focused towards the interior of the project site, potential neighbor intrusion issues are mitigated. With respect to the conditions of approval, we submit the following comments: 1. CUP Condition No.8: This condition references the City's contemplated adoption of a Transportation Management Plan ("TMP"). Because the TMP has not been adopted, and consequently the Applicant cannot presently assess the legality, fairness or economic impact of the TMP on this project, the Applicant objects to this condition in . A ..IO..es.,o......... -:;:'l1li po..,,""0.... . . . ..AT10~""C.""''5 AT LAW Santa Monica Planning Commission April 16, 1990 Page 2 order to reserve its right to object to the TMP if and when adopted. 2. CUP Condition No. l4: This condition relates to Program 10 of the Housing Element. This condition meets the requirements of Program lO and Ordinance 1486(CCS), and further elaborates upon the requirements of Program 10 as it applies to this project since this project, when completed, will reduce the number of housing units on this site. The Applicant acknowledges that the Planning Division and the City Attorney's office have crafted a condition which meets the requirements of Program 10 and Ordinance 1486 as they currently apply to this project, or may apply in the future depending upon the outcome of the proposed Program 10 Implementation Ordinance. The Applicant's obligations under this Condition may be summarized as follows: (a) If the proposed Program 10 implementing ordinance establishes in-lieu fees as a means of satisfying Program 10 prior to issuance of a Certificate of Occupancy for this project, the Applicant will be required to pay such in-lieu fees. This obligation will be secured by a deed restriction on the property or by a $1,120,000 irrevocable letter of credit or other acceptable security, this being the approximate amount of fees that would be due if the City Council adopts the most recent version of the Program 10 Implementation Ordinance. (b) If the in-lieu fee option is not in place prior to issuance of a Certificate of Occupancy for this project, then the Applicant will be required to construct 10 additional multi-family housing units in the City of Santa Monica within a reasonable time frame, as set forth in the Condition. This obligation is secured by a $320,000 irrevocable letter of credit or other acceptable security. This amount reflects a reasonable level of equity investment to develop 10 multi-family dwelling units (two bedrooms) in Santa Monica. Nevertheless, the Applicant must formally lodge its objections to this Condition for several reasons. First of all, because this Condition may eventually require the Applicant to l - j / ./ r , f f I .......n..............\\......... IIA .............&.A.......,........., - . ... ~.-Q~S510......-.. c:.O..O"""'O" ....,.-TOCl...CVS ...,. .............. Santa Monica Planning Com~ission April 16, 1990 Page 3 comply with an ordinance not yet in place, the Applicant is in no position to assess the legality, fairness or economic impact of this Condition. Secondly, it is our position that Program 10, as 1nterpreted in the most recent draft of the Program 10 Implementation Ordinance, is unconstitutional and violates the Ellis Act. Thus, while we understand this Condition is necessary to ensure the project complies with Program 10 of the Housing Element, nevertheless for the record we must formally object to this Condition in order to ensure that the Applicant retains its right to challenge this Condition should it be implemented at a later time in a manner which the Applicant finds objectionable. Respectfully submitted, c.~.~ ""'. '<, ~-.I~ Christopher M. Harding of LAWRENCE & HARDING a Professional Corporation cc: Larry Miner Kenyon Webster Paul Berlant Laurie Lieberman Barry Levitt Jay Abarbanel Steve Frew CMH:mee:CH2A-Q16.600