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SR-042589-12C !jCJ'Z/C05 \ ;6; 198-r: - C/ED:PB:DKW:DM Santa Monica, California Council Mtg: April 25, 1989 TO: Mayor and City Council FROM: City staff SUBJECT: Appeal of Planning Commission Denial of a Proposed Five Unit condominium at 1019 Grant street. Applicant: Bel Air Builders. Appellant: councilmembers Chris Reed and Herb Katz INTRODUCTION This report recommends that the City Council reverse the Planning Commission's denial of Conditional Use Permit 89-0l8 and Tentative Tract Map 47085 for a two story/30', five unit condominium at 1019 Grant street, and approve the project as submitted with the findings and conditions contained in the Planning Commission staff report dated March 15, 1989. BACKGROUND At the Planning Commission meeting of March 15, 1989, the commission denied a five unit condominium at 1019 Grant Street. As proposed, the floor plans of all five units feature the two bedrooms on the first floor, and the main living area, including the kitchen, living room and dining area, on the second floor. A more complete description of the proj ect can be found in the Planning Commission staff report dated March 15, 1989 (Attachment A) . The applicant has indicated that the project design is intended to provide enhanced light, air and view opportunities through the - 1 - \2-C m 2 5 19B9 location of primary living spaces on the second floor of the building. The Planning Commission's denial of this proj ect was based on their concern that the location of interior activity areas, such as living rooms and dining rooms, on the second floor of the condominium may create situations where families would not be afforded secure areas in which their children could play. Their concern is based on the fact that as proposed, outdoor activity areas such as second floor balconies and roof decks may present safety problems, and outdoor activity areas located on the first floor, such as patios and outdoor yard areas, might preclude adequate parental supervision due to their location away from the main living areas of the condominium. In addition, the Planning Commission felt that the location of interior activity areas over bedrooms presented a potential conflict with regard to noise and vibration. ANALYSIS staff feels that the Planning commission's concerns raised in the context of this proj ect are worthy of discussion. However, in the absence of any established policy or standard regarding what constitutes child friendly housing, it appears unfair to impose such conditions on this or any other projects. For example, in a single-family residence or multi-famliy apartment building, the same concerns, in relation to child friendliness, could be raised. The lack of specific child friendly design policies, - 2 - however, prevents the implementation of this requirement on projects that do not require discretionary approval. staff recommends that the council ask the Planning Commission to conduct further discussions on the child friendly design issue, and develop a policy recommendation for Council review during its discussion of the Housing Element. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the Council reverse the Planning commission I s denial of CUP 89 - 0 18 and TTM 47085, and approve the subj ect proposal with the findings and conditions contained in the Planning Commission staff report dated March l5, 1989 (Attachment A). It is also recommended that the Council direct the Planning Commission to develop policy recommendations regarding child friendly design for review by the council as part of the proposed Housing Element. Prepared by: David Martin, Assistant Planner Paul Berlant, Director of Planning Attachments: A. Planning Commission staff report dated March 15, 1989 B. Planning Commission Statement of Official Action dated March 15, 1989 c. Appeal Letter D. Project Plans - 3 - OM PC/CC88018 04/13/89 - 4 - . ' (;~ CITY PLANNING DIVISION community and Economic Development Department MEMORANDUM DATE: February 15, 1989 TO~ The Honorable planning Commission FROM: Planning Staff SUBJECT: Conditional Use Permit 88-018, TTM 47085 Address: 1019 Grant street Applicant: Bel Air Builders SUMMARY Action: Application for a Conditional Use Permit and a Tentative Tract Map to allow the construction of a five-unit condominium project. This application is being considered under the provi- sions of the new zoning ordinance. Recommendation: Approval with Conditions Permit Streamlining Expiration Date: June 13, 1989 SITE LOCATION AND DESCRIPTION The subject property is a 6500 square foot parcel located on the north side of Grant street between loth Street and 11th street having a frontage of 50 feet. Surrounding uses consist of a one and two-story triplex on the adjacent lot to the west (R2), a one-story single family residence on the adjacent lot to the east (R2), one and two-story multi-family residential units across Grant street to the south (R2) and two-story multi-family units across Grant Place alley to the north (R2). Zoning Districts: R2 Land Use Oistricts: Low Density Housing Parcel Area: 50' X 130' - 6500 square feet PROPOSED PROJECT Proposed is the removal of a rent control exempt, single family residence and the construction of a two-story, plus loft, five unit condominium building over a eleven space subterranean park- ing garage, accessed from the rear alley. The five units would be identical with two bedrooms and two bathrooms located on the first floor and the kitchen, living room and dining area on the - 1 - second floor. The building features an extensive series of decks at the mezzanine and roof level. Individual access to the decks is provided from the mezzanines. Fedestrian access to the sub- terranean parking garage is provided from exterior stairways on the west side ot the building. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A. CEQA STATUS The project is categorically exempt per City of Santa Monica Guidelines for Implementation of CEQAi Class 3(2). FEES The proposed 5 unit condominium is subject to a Farks and Recre- ation Facility Tax of $200.00 per unit and a Condominium Tax of $IOOa.OO per saleable residential unit. ANALYSIS The applicant has proposed the construction of a five unit con- dominium building over an eleven space subterranean parking garage. The building would be two stories plus loft, 30' in height, as measured from an average natural grade of 90.5. The proposed condominium meets all applicable Planning and Zoning 4~quirements regarding density, height, setbacks, lot coverage end parking. parking for the five units is provided in an eleven space subter- ranean parking garage (two spaces for each two bedroom unit plUS one guest space). The parking garage is accessed from Grant Place alley as required by the Zoning ordinance. A parking plan has been approved by the parkinq and Traffic Engineer. The proposed building teatures an extensive series of decks on the mezzanine level and roof. Staff has recommended a condition that the Architectural Review Board pay particular attention to the decks in reqard to the privacy of the adjacent residents. Staff has also recommended a condition that the square footage of the proposed mezzanines be limited to no more than lOa square feet or 33.3% of the room below, which ever is less. CONCLUSION The proposed condominium complies with all applicable provisions ot the Zoning Ordinance and the General Plan and therefore merits approval. - 2 - RECOMMENDATION It is recommended that the Planning Commission approve Condition- al Use Permit 8S-018 and Vesting Tentative Tract Map 47085, sub- ject to the following findings and conditions: TENTATIVE PARCEL/TRACT MAP FINDINGS 1. The proposed subdivision, together with its prov1s~on for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica in that it conforms to the provisions of the Zoning Ordinance for the R2 Zone. 2. The site is physically suitable for the proposed type of development in that it is a standard lot with no unusual characteristics. 3. The site is physically suitable for the proposed density of development in that a 6500 square foot lot in the R2 zone can accommodate 5 units. 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 Ordinancell, in that the proposed condomini- ~ conforms to the R2 zoning regulations. 2. The proposed use would not impair the character of the district in which it is to or located, in that it would be located in residential district. integrity and be established a multi-family 3. The subject parcel is physically suitable for the type of land use being proposed, in that the proposed project meets the density standards for the R2 zone. 4. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the area is a mix of single family and multi-family residential units. 5. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to pUblic health and safety, in that the proposed development is an in-fill of urban land adequately served by existing infrastructure. 6. Public access to the proposed use will be adequate, in that the subject site is adequately served by existing streets and alleys. - 3 - . . 7. The proposed use is consistent with the goals, objectives and policies of the General Plan, in that the area is de~ fined as a Low Density Housing area by the Land Use Ele- ment of the General Plan, CONDITIONS Plans 1. This approval is for the plans, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other prov1s1ons of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the city of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval of the parking and Traffic Engineer. 4~ Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be SUbject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Comm~ss~on, Architec -ral Review Board or Director of planning. 5. Plans for final design, landscapinq, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 6. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments: exterior colors, textures and materials: window treatment; glazing; and landscaping. Fees 7. The City is contemplating the adoption of a Transportation Manaqement 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 ne.w development fees, and that employers within the project pay such new annual em- ployer fees related to the City'S Transportation Manage- ment Plan. - 4 - 8. A Park and Recrea~ion Facilitles Tax of $200.00 pe~ resident~al unit shall be due and payable at the time of issuance of a buildl.ng permit for the constructlon or placement of the residentlal unlt(s) on the subject lo~, per and subject to the provisions of Section 6670 et seq. of the Santa Monica Munlcipal Code. Demolition 9. ~nt~l such time as the demolition is undertaken, the ex- lstlng structure shall be maintained and secured by board- ing up all openings, erecting a security fence, and remov- ing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfactl.on of the Buildlng and Safety Officer and the Fire Department. Any landscaping material remaining shall oe watered and main- tained unt11 demolition occurs. 10. enless otherwise approved by the Recreation and Parks De- partment and the Planning Dlvision, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS) . 11. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all, trash, weeds, etc. construction 12. 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. l3. 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 Serv1ces shall be re- constructed to the satisfaction or the Department of General Services. Approval for this work shall be ob- tained from the Department of General services pr10r to issuance of the bu~lding permits. 14. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaul~n or other secure covering to minimize dust emissions. 15. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. l242 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. - 5 - 16. A constr~ction per10d mitigation plan shall be prepared by the applicant for approval by the Department of General services prior to 1ssuance of a build1ng permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all cor.- tractors and subcontractors as well as the developer ar.d architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erect1on/construction; ';) Descrlbe how much of the pUblic street, alleyway, or side- walk is proposed to be used in conJunction with construc- t10n i 5) Set forth the extent and nature of any pile- driv~ng operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Spec1fy the nature and extent of any dewater- ing and its effect on any adjacent buildings; 8) Describe antic1pated construction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter haulingi 10) State whether any construction activity beyond normal- ly permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; l2) Describe con- struction-period security measures including any fencing, 11ghting, and security personnel; 13} provide a drainage plan: l4) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a desiqnated on-site construction manager; 17. A sign shall be posted on the property in a manner consis- tent with the public hea-~ng 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 indicating the hours of permissible construc- tion work. 18. A copy of these conditions shall be posted in an easily visible and accessible location at all times dur1ng con- struction at the project site. The pages shall be laml- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 19. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum l.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) Miscellaneous Conditions 20. The building address shall be painted on the roof of the building and shall measure four feet by e~ght feet (32 square feet). - 6 - 21. I f any archaeological re=nains are uncovered dur~ng excavation or construction, work in the affected area shall be suspen.ded and a recognized specialist shall be contacted to conduct a survey of the affected area a': project's owner's expense. A deter~ination shall then be made by the Director of Planning to deternune the sig- nificance of the survey findings and appropr~ate actic~5 and requirements, if any, to address such findings. 22. Landscaping plans shall comply with Subchapter 58 (Landscaping Standards) of the zoning ordinance ~nclud~ng use of water-conserving landscaping mater~als, landscape maintenance and other standards contained in the Subchapter. validity of Permits 23. 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. 24. 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. 25. Wi thin ten days of planning Division transmittal of the statement of Official Action, project applicant shall sign and return a copy of the St -ement of Official Act~on 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 re~urned to the Planning D~vision. Failure to comply -with this condit~on shall constitute grounds for potential permit revocation. 26. This determination shall not become effective for a period of fourteen days from the date of determinat1on, or, if appealed, until a final determination is made on the ap- peal. Any appeal must be made in the form required by the Zoning Administrator. SPECIAL CONDITIONS 1. The Architectural Review Board, in its review, shall pay particular attention to the proposed decks in regard to the pr~vacy of residents on the adjacent parcels. 2. The proposed mezzanines shall not exceed 100 square feet in area or 33.3% of the floor area below. - 7 - T~NTATIVE PARCEL/TRACT MAP CONDITIONS 1. All off site improvements required by the City Engineer shall be installed. Plans and soecifications for off site improvements shall be prepared by a registered civil er.- gineer and approved by the City Engineer. 2. Before the city Engineer may approve the final map, a sub- div:sion improvement agreement for all off site 1mprove- ments required by the city Engineer shall be prepared and a performance bond posted through the C1~y Attorney's office. 3. ~he tentative map shall expire 24 months after approval, except as provided 1n 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, Condom1nium 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 I s shall contain a non-discrim ..~tion 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 $l,OOO per saleable residential unit per the prov1- sions of Section 665l 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 provis1ons of Sections 9330 through 9338 (SMMC) and the Subdivis10n Map Act. The required Final Map filing fee shall be paid prior to SCheduling of the Final Map for City Council approval. 8. The form, contents, accompanying data, and filing of the final parcel map shall conform to the provisions of Sec- tions 9350 through 9357 (SMMC) and the Subdivision Map Act. 9. The final map shall be recorded with the Los Angeles Coun- ty Recorder prior to issuance of any building permit for a condom1nium proj ect pursuant to Government Code Section 66499.30. - 8 - 10. Pursuant to Section 9366 (SMMC), If the subdivider or any interested person disagrees with any action by the Planning commission with respect to the tentative map, a~ appeal or complaint may be filed in writ~ng with the City Clerk. No appeal or compla~nt may be filed after a ten day period from the Commission's decision on the tentative map. INCLVSIONARY ~NIT CONDITIONS 1. The developer shall covenant and agree with the City of Santa Monica to the specific terms, conditions and restrictlons upon the possession, use and enjoyment of the subject property, which terms, conditions and restr~ctions shall be recorded with the Los Angeles County Recorder4s Office as a part of the deed of the property to ensure that one affordable unit is provided and mainta~ned over time and through subsequent sales of the property. An affordable unit shall be defined as being affordable to households with incomes not exceeding 100% of the (HUD) Los Angeles County median income, expending not over 30\ of monthly income on housing costs, as specified by the Housing Division of the Department of community and Economic Development. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the UDlt available to eligible tenants and 2) responsib4lities of the city of Santa Monica to prepare application "Jrms for potential tenants, establish criteria for qualif~cations, and monitor compliance with the provisions of the agreement. Owner shall provide the City Planning Division with a conformed copy of the recorded agreement prlor 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 prov~des implementation standards for Program 12. Prepared by: David Martin, Assistant Planner Attachments: A. Municipal Code and General Plan conformance B. Radius Map c. Statistical Information Sheet D. Summary of CC & R1s E. Project Plans F. Vesting Tentative Tract Map 47085 - 9 -