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
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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,
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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
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OM
PC/CC88018
04/13/89
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(;~
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
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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
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