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SR-12-B (29) .----- J~-Jj i . f CjED:PB:DKW:SW PCjA2226 council Mtg: October 9, 1990 OCT 9 i9QO Santa Monica, California TO: Mayor and City council FROM: city Staff SUBJECT: Appeal of Planning Commission Approval of Conditional Use Permit 90-048, vesting Tentative Parcel Map 22393, 2226 6th Street, to Allow the Construction of a Three unit Residential Building (3 unit Condominium) on a 5600 square foot parcel in the OP-2 (ocean Park Low Multiple Residential) District. INTRODUCTION On August I, 1990, the Planning commission approved Conditional Use Permit 90-048 and Vesting Tentative Parcel Map 22393 to allow the construction of a three unit condominium with the conditions contained in the attached Statement of Official Action (Attachment A). A neighbor has filed an appeal of the project approval regarding the number of stories for the rear unit. The appeal form is provided as Attachment B. This report recommends that the city council uphold the approval of the project and deny the appeal of the project approval. BACKGROUND The applicant is proposing a two story, three unit condominium building over a seven-space subterranean parking garage accessed from 6th Street. The front and middle two story units provide living room, dining room, kitchen, two bedrooms, and two bathrooms. The Planning Commission approved plans which included a rear unit with two full stories and a subterranean level with a - 1 - /~-8 .. DC 1 !J 1990 l ' l' bedroom and full bathroom (see Attachment C). The 5ubterreanean level extended more than 3' above theoretical grade which defined it as an additional story in the Ocean Park residential district. The commission approved the project with the condition that the subterranean bedroom be lowered to no more than 3' above theoretical grade (Attachment A & C). The Commission also specified that a deed restriction be recorded to prevent the use of the subterranean bedroom as a separate rental unit. Subsequently, the applicant redesigned the rear unit to include only two stories with a intermediate loft level. The first floor includes one half bathroom and living and kitchen areas with access to a rear yard patio area (Attachment D). Two bedrooms and two bathrooms are on the second floor with an intermediate loft level opening to the first floor below. The building would be a maximum of 3D' in height with a pitched roof, as measured from theoretical grade. ANALYSIS Neighbor's Appeal A neighbor is appealing the project approval on the basis that the original plans were designed with three floors of living space (Attachments B & C). The neighbor is concerned that the intent of the OP-2 development standards was not to allow three full stories for a residential project. The project plans were approved however, with the condition that the subterranean level not exceed more than 3' above theoretical grade. - 2 - . ' )' The code specifies that a basement or subterranean level shall be considered a story if the finished first floor exceeds 3' above the average natural grade of the parcel. For the Ocean Park districts, the finished first level is measured above the theoretical grade. (Theoretical grade is defined as an imaginary line from the midpoint of the lot on the front property line to the midpoint of the lot on the rear property line.) The original design showed the subterranean level more than 3 I above the theoretical grade. The applicant redesigned the rear unit to include two stories with an intermediate loft level (see Attachment D). The redesign of the rear unit conforms to the OP-2 requirements for a maximum of two stories and a height of 30' with a pitched roof as measured from theoretical grade. (The code specifies that building height in the Ocean Park Oistricts shall be measured vertically from the theoretical grade to the highest point of the roof [Section 9040.3J). Additionally, the loft level does not exceed 33 1/3% of the rooms below nor does it exceed 99 square feet in total area. A "catwalkll 4' in width by 18 I in length leading to the mezzanine is not included in the total area calculation. Redesign of the rear unit does not increase total parcel coverage of the proposed structure. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. - 3 - .~ RECOMMENDATION It is respectfully recommended that the Council uphold the Planning Commission approval of Conditional Use Permit 90-048 with the findings and conditions contained in the July 1, 1990 Planning Commission statement of Official Action: with the deletion of Special Conditions #1 and #2 as they relate to the previous design of the subterranean level bedroom which has been eliminated; modification of Condition #3 to refer to project plans dated August 20, 1990; and approve the revised project plans with two stories and an intermediate loft level for the rear unit. Prepared by: Susan White, Assistant Planner Paul Berlant, Director of Planning Planning Division Community and Economic Development Department Attachments: A. Planning Commission Statement of Official Action dated August 1, 1990. B. Appeal form dated August 13, 1990. C. Project Plans dated June 11, 1990 D. Project Plans dated August 20, 1990 SW:SW PC/a2226 09/28/90 - 4 -