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SR-402-001 (13) ~ ~c2'-- 00/ \2-A SEP 9 1986 C/ED:PC:RAS:RM:nh Counc~l Mtg: September 9, 1986 Santa Monica, Callfornla TO: Mayor and Clty Councll FROM: Clty Staff SUBJECT: Appeal of Plannlng CommlSSlon Conditlon of Approval of Tentati ve Parcel Map 17599 and Condl tlonal Use Perm~ t 416, 2021 Thlrd Street, Two-Unit Condominlum. Applicant/Appellant: Douglas A. Lowe for Lefcoe and Wlutebread. INTRODUCTION ThlS report recommends that the Clty Councll uphold the appeal of the applicant and approve Tcntatlve Parcel Map 17599 and Condltlonal Use Permlt 416 for a two unlt condomlnlum as submltted by the applicant. On May 5, 1986, the Plannlng Commission approved the proJect by a 6-0 vote with the condltlon that access to the upper level roof decks be removed. The applicant lS appeallng that cond~tlon. BACKGROUND ThlS proJect has a hlstory go~ng back to 1982 when a Development Revlew for an two-unl t, three story apartment bu~ldlng and a varlance for tandem parklng were approved by the Planning CommlSSlon. Under the interlm ordlnance ~n effect at that t~me, all resldential proJects were requlred to have Plannlng Conunisslon reVlew and approval. In 1984 a new ordlnance regulaLlng development was adopted such that apartments were no longer subJect to Planning Commlss~on \ 2.-A - 1 - SEP Q lS5€ review and approval. When the appllcant wished to change the deslgn, an appllcatlon for an Adrnlnistratlve Approval was flIed. On June 1, 1984, an Adminlstrdtlve Approval for thls proJect was granted for the new deslgn wlthln the same envelope, still a three-story, two-unit apartroent buildlng. The bUllding was approved by the Architectural Revlew Board on October 3, 1984. On November 27, 1985, the Adminlstratlve Approval was amended to allow the roof levels to be used as decks. Subsequently, the proJect was approved by the Callfornla Coastal Cornmlsslon and bUl1dlng perrnlts were obtained. After bUlldlng constructlon began, the owners declded they wanted to change the proJect to a condominlum. To do so they flIed appllcatlons for a Parcel Map and Condltlonal Use Permlt. The SUbJect Parcel Map and Condltlonal Use Permlt would only change the proJect from an apartment to a condomlnlum, and the appl1cants requested that the design be allowed to rema1n unchanged. The Plannlng Commission, however, upon hearlng testlmony from nelghborhood resldents, added a condlt1on that the uppermost roof area on each un1t (there are lower level balcooles on each unlt) be made functlonally inaccesslble to prevent use as roof decks. The purpose of th1S condition was to protect the privacy of surrounding nelghbors. However, no speclflc additlooal flndlng was adopted as a baS1S for the condltion. The Plannlng Cornmlssion' s Statement of Offlc1al Actlon is contalned in Attachment 1. A more detal1ed proJect hlstory and descriptlon may be found 1n the May 5. 1986, Plannlng CornmlSSlon Staff Report - 2 - (Attachment 2) and proJect plans (Attachment 3). ANALYSIS The project, w~th or w~thout the subJect roof decks, is conslstent with appl~cable Mun~cipal Code and General Plan standards. Notlng that adopted development regulatlons do not restr~ct the use of a roof for an open deck, such decks are allowed where no d~scret~on ~s ~nvolved (e.g. apartment bUlld~ngs weetlng Code requlrement). The request to make the building lnto a condom~nlum, however, opens the proJect to d~scret~onary reVlew. Under d~scretionary review, ~t ~s possible to regulate such decks to preclude unreasonable reductlons of nelghbors' prlvacy. (In a s~ml.lar case, the Councl1 recently allowed a rema1n. Reference: Appeal on 1024 Bay condom1n1um roof deck to Street condom~nl.ums.) Un1que to th~s case 1S that the subJect bUlld~ng and decks are already constructed. The appl1cant contends that the reason for the late appl~catlon to make the buildlng a condominium, after construct1on was under way for an apartment, 1S based on flnanc~al reasons and 1S not an lntent to C1rcumvent the plannlng process. Denl.al of use of the decks on the subJect bu~ldlng could result In the bUlldlng rema~n~ng an apartment. Glven the bU1ldlng design, lncludlng ltS he~ght, lower level balconies and wlndow placement, the prlvacy of adJolnlng properties Wl.ll be affected whether or not the roof-top decks are left accessible. - 3 - COUNCIL CONSIDERA,!'ION In actlng on thls ltem, the City Councll may deny the appeal and approve the Tentatlve Parcel Map and Condltlonal Use Permit with the flndings and condltlons contalned In the May 5, 1986, Plannlng CorrmlSSlon Statement of Offlclal Action~ may uphold the appeal by approvlng the Tentatlve Parcel Map and Condltlonal Use Permit, as above, but deleting Condltion IIi or otherwlse act to approve, cond1tional1y approve, or deny the proJect as 1t deems approprlate. BUDGET/FISCAL IMPACT The recommendat1ons presented 1n thlS report do not have a budget/flscal lmpact. RECOMME~DATION Staff respectfully recommends that the C1ty Councll uphold the appeal and approve Tentatlve Parcel Map 17599 and Condltional Use Permlt 416 wlth the flndings and conditions contalned 1n the May 5, 1986, Plannlng ComrnlSSlon Statement of Official Actlon, except that Cond1tlon 11 be deleted. Prepared by: R. Ann Siracusa, Director of Plannlng Suzanne Frlck, Prlnclpal Planner Rlchard Mllls, Associate Planner Plannlng D1V1Slon Communlty and Economlc Development Department Attachments: 1. May 5, 1986 Plann1ng ComrnlSSlon Statement of Offlclal Action 2. May 5, 1986, Plannlng ComrnlSSlon Staff Report 3. ProJect Plans RM: nh cc17599 - 4 - ... ') J ?/cz-oCJ/ F\-rrAC\-\ MEN\ 1 STATEMENT OF OFFICIAL ACTION PROJECT ~~MBER: TTM 17599, CUP 416 LOCATION: 2021 Third Street APPLICANT: George Lefcae and Charles Whitebread REQUEST: Two-Unlt CandOffi1nlum PLANNING COMMISSION ACTION ... 5-5-86 Da te . x Approved based on the followlng findings and sUbJect to the conditions below. Denied. Other. FINDINGS ... 1. The proposed subdivision, together with its prevision for its des1gn and improvements, 1S consistent with appl1cable general and speciflc plans as adopted by the Clty of Santa Monlca as noted ln this staff report and in the staff re- port and determination for Development Review 120 and ZA 4589-Y, incorporated herein by reference. 2. The site is physically sui table for the proposed type of development based on information set forth 1n this staff report and in the staff report and determlnation for Development Review 120 and ZA 4589-Y, lncorporated herein by reference. ~ 3. The site is physically suitable for the proposed density of development based on information set forth 1n this staff report and in the staff report and determinatlon for Development Review 120 and ZA 4589-Y, incorporated herein by reference. 4. The deslgn of the subdivislon or the proposed improvements will not cause substant1al environmental damage or sub- stantlally and avoidably inJure fish or wl1dlife or their hab1tat. 5. The design of the subdl. V1Slon or the type of improvement w1ll not cause serious publ1C health problems. - 1 - -- ) J " ) 6. The deslgn of the subdivision or the type of improvements will not confllct with easements, acquired by the public at large, for access through, or use of, property w~thln the proposed subdlvision. 7. The design of the subdlvision provldes for future passive or natural heating or coollng opportunl ties in the sub- division to the extent feasible short of reducing allow- able densities or standard yard setback requlrements. 8. The proposed use and locatlcn are in accordance with good zoning practice, ln the public interest and necessary that substantlal Justlce be done and the proposed use is com- pat~ble w~th existing and potential uses within the general area, trafflC or parking congestion will not result, the public health, safety and general welfare are protected and no harm to adJacent properties will result based on rnformatlon set forth in this staff report and in the staff report and determination for Development Review 120 and ZA 4589-Y, incorporated hereln by reference. CONDITIONS OF APPROVAL 1. All off site improvements required by the Cl ty Engineer shall be installed. Plans and speciflcatlons for off 51te improvements shall be prepared by a registered civil en- glneer and approved by the City Engineer. 2. Before the City Engineer may approve the final map, a sub- dlvlsion improvement agreement for all off 51te lmprove- ments requlred by the City Engineer shall be prepared and a performance bond posted through the Clty Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provlded in the provi510ns of Callfornia Govern- ment Code Section 66452.6 and sections 9380-9382 of the Santa Monlca Municipal Code. Dur2ng this time period the final map shall be presented to the City of Santa Monlca for approval. 4. The developer shall provide the "Engineering Department of the Clty of Santa Monica with one Dizal Cloth print reproduction and microfl1m of each sheet of the flnal map after recordation. 5. Prlor to approval of the final map, CondOmlnl.Um ASSOC2a- tion By-Laws (if applicable) and a Declaratlon of CC & R's shall be reviewed and approved by the City Attorney. The CC & R's shdll contain a nondiscrimination clause as pres- ented in Sectlon 9392 (SMMC) and in the case of condominl- urns, contaln such provls~ons as are required by Sectl.on 9l22E (SMMC). - 2 - - ) ) 6. The developer shall provJ..de for payment of a Condominium Tax of $1,000 per saleable residential unJ..t per the provi- Slons of Sectlon 6651 et seq. of the Santa Monlca Municipal Code. 7. The form, contents, accompanYJ..ng data, and filing of the flnal parcel map shall conform to the provisions of Sec- tions 9350 through 9357 (SHMC) and the Subdivislon Map Act. 8. The final map shall be recorded prior to the l5suance of a final certificate of occupancy for the subject building. 9. This determinat10n shall not become effectJ..ve for a period of ten days (twenty days for the Conditional Use Perml.t) from the date of determination or, if appealed, untl.l a fJ..nal determinat10n is made on the appeal. ., 10. The Department of Building and Safety shall inspect the property to conf1rm that l.t l.S be1ng bUl.lt l.n accordance w1th approved plans. 11. Access to the roof shall be elJ..m1nated from Un1t A, Unit B and the common tower, so that the upper roof of each unit is not used as a deck. 12. The developer shall expedite complet1on of the project and shall appoint a represent.at1ve to faci11tate discussion with the nelghborhood 1n regard to the proJect. ~ VOTE Ayes: Nays: Abstain: Absent: Israel, Farivar, Hecht, Perlman, Shearer, Hebald-Heyman None None K.l.rshner I hereby certify that this Statement of accurately reflects the fina1 determination Commission of the City of Santa Monica. Official Action of the Planning slgnature date prlnt name and title RM : nh stcup416 5-7-86 - 3 -