SR-402-001 (24)
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Santa Monica, california
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C/ED:RAS:RM:nh
Council Mtg: November 11, 1986
TO: Mayor and City council
FROM: City staff
SUBJECT: Appeal of Planning Commission Approval of Tentative
Tract Map 44741 and Conditional Use Permit 427, 927
Fifth street, Six-Unit Condominium. Applicant: Bruce
Shapiro. Appellant: Marilyn spivey.
INTRODUCTION
This report recommends that the city Council deny the appellant's
appeal and approve Tentative Tract Map 44741 and Conditional Use
Permit 427 for a six-unit condominium as recommended in the
October 6, 1986,- Planning Commission staff report (Attachment A)
and approved by the Planning Commission (See Official Action
statement, Attachment B).
BACKGROUND
On October 6, 1986, after a public hearing, the Planning
Commission approved this project as a three-story, six-unit
condominium with subterranean parking.
Conditions of approval
stipulated that the applicant revise the project design to
provide required side yard setbacks and provide a \oJindow in at
least one bathroom of each unit.
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MOV 1 1 \9&6
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The subject appeal was filed on October 15, 1986. On October 28,
1986, the city Council accepted the subject appeal and scheduled
the appeal hearing for November 11, 1986.
A detailed project description may be found in the october 6,
1986, Planning Commission staff report (Attachment A) and project
plans (Attachment E).
ANALYSIS
The subject condominium project, as conditionally approved to
provide wider sideyards and bathroom windows, conforms to all
applicable zoning and General Plan development standards,
including on-site parking requirements. The Planning Commission,
in its review, found no basis for denial of the project. This
was reflected in the commission's unanimous approval of the
project.
The appeal focuses on concerns that any new development will
exacerbate existing parking and traffic problems. (See appeal
letter, Attachment C.) No project-specific objection is raised
by the appellant.
COUNCIL CONSIDERATION
In acting on this item, the City Council may deny the appeal and
approve the Tentative Tract Map and Conditional Use Permit with
the same (or modified) findings and conditions contained in the
october 6, 1986, Planning Commission Statement of Official
Action; or may uphold the appeal by denying the Tentative Tract
Hap and Conditional Use Permit. Denial of the proj ect would
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require adoption of specific findings supporting such a
determination.
BUDGET/FISCAL IMPACT
The recommendations presented in this report do not have a
budget/fiscal impact.
REC01-1MENDATION
staff respectfully recommends that the City Council deny the
appeal and approve Tentative Tract Map 44741 and Conditional Use
Permit 427 with the findings and conditions contained in the
October 6, 1986, Planning commission statement of Official
Action.
Prepared by: R. Ann Siracusa, Director of Planning
Suzanne FriCk, Principal Planner
Richard Mills, Associate Planner
City Planning Division
Community and Economic Development Department
Attachments: A. October 6, 1986 Planning Commission Staff
Report.
B. October 6, 1986 Planning Commission statement
of Official Action.
C. Letter of Appeal by Marilyn Spivey.
D. Public Notice for November 11, 1986 hearing.
E. Project Plans.
RAS: RM: nh
CCCUP427
10/28/86
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1\ \ - \ P\ C.\-\MENT J>..,.
CITY PLANNING DIVISION
Community and Economic Development Department
M E M 0 RAN DUM
DATE: October 6, 1986
TO: The Honorable Planning commission
FROM: R. Ann siracusa, Director of Planning
SUBJECT: TTM 44741, CUP 427, 6-unit Residential Condominium
Address:
Applicant:
927 Fifth street
Bruce Shapiro
SITE LOCATION AND DESCRIPTION
The subject property is a 7,500 sq. ft. parcel located on the east
side of Fifth street between Washington Avenue and Idaho Avenue
having a frontage of 50 feet. A 20' wide alley is located to the
rear of the site. Surrounding uses consist of a two-story
10-unit apartment to the north (R3), a two-story 10-unit
apartment to the south (R3), a two-story 12-unit apartment across
Fifth Court alley to the east (R3) and a mix of single family and
mUlti-family buildings across Fifth Street to the west (R3).
zoning District:
R3
Land Use District:
Medium Density Housing
Parcel Area:
50' x 150': 7,500 sq.ft.
PROPOSED PROJECT
Proposed is a three-story, six-unit residential condominium with
12 parking spaces located in a semi-subterranean garage accessed
from Fifth Street. Each of the townhouse units contains a master
bedroom suite on the first floor, a kitchen, dining room and
living room on the second floor, and a loft with bathroom on the
third floor. (The inclusion of an enclosed bathroom on the loft
level makes this level a story.) The units average 1,240 sq.f~.
each. An open air atrium extends down through each unit to the
first floor level.
An existing one-story single family house and allan-site trees
would be removed.
l1UNICIPAL CODE AND GENERAL PLAN CONFOID1ANCE
As shown in Attachment A,
with the Municipal Code
respects:
the proposed project is inconsistent
and General Plan in the following
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Sideyards: A three-story building on
requires 8' average sideyards. The
average sideyards.
2. Bathroom windows: At least one bathroom in each condo~iniurn
unit requires an operable window. None are provided.
1.
a 50 I
project
wide R3
provides
lot
7'
3. Parking Access: The Land Use and
encourages alley access to parking.
Analysis section of this report.
circulation Element
See discussion in
CEQA STATUS
Categorically Exempt.
Implementation.
Class 3, Santa Monica Guidelines for
ANALYSIS
The project is inconsistent with Code requirements for side yard
setbacks and the provision of bathroom windows.
Originally designed as a two-story plus loft building, the
addition of bathrooms at the loft level technically nakes the
loft a story. This changes the side yard requirement from 7' to
8 I . Staff recommends that the exterior width of each unit be
reduced from 36' to 34' so that the sideyards average 81.
A condition of approval requires that an openable "vindow be
provided in at least one bathroom in each unit. Since the
bathrooms are placed along exterior walls, this should not
present a problem.
While the Land Use and Circulation Elements encourage alley
access (see Attachment A for reference), the applicant proposes
street access in that the alley elevation is approximately 4.8'
higher than the sidewalk elevation, thus making street access the
most efficient means of access. The applicant's analysis of the
impacts of an alley accessed garage is included in the Commission
packets. It indicates a loss of t'tvO parking spaces (and as a
result, one unit) if alley access is required. In June 1985 the
Commission approved a six-unit condominium on the same block at
911 Fifth street with street access to parking. At that site,
the alley was 3.5' higher than the sidewalk. Based on this
precedent, staff finds the proposed street access acceptable.
The proposed parking plan has been approved by the Parking and
Traffic Engineer.
The two large trees on the site are not unique and do not warrant
special efforts to preserve them. The large Box tree on the
south side property line has poor shape due to the neighboring
apartment building.
Conclusion
with the modifications to provide wider sideyards, and windows in
at least one bathroom of each unit, the project merits approval.
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RECOI1MENDATION
It is respectfully recommended that TTI1 44741 and cup 427 be
approved with the following findings and conditions:
TENTATIVE PARCEL MAP FINDINGS
l. The proposed sUbdivision, together with its provision for
its design and improvements, is consistent with applicable
general and specific plans as adopted by the City of Santa
Monica based on the analysis and conditions contained in
this report and incorporated herein by reference.
2. The site is physically suitable for the proposed type and
density of development in that the project is an in-fill
of urban land adequately served by existing infrastructure
and having no significant physical site characteristics
precluding the proposed development.
3. 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.
4. The design of the subdivision or the type of improvement
will not_cause serious public health problems.
5. 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.
6. The design of the sUbdivision does not preclude future
passive or natural heating or cooling opportunities.
CONDITIONAL USE PEID1IT FINDING
7. The proposed use and location are in accordance with good
zoning practice, in the public interest and necessary that
substantial justice be done and the proposed use is com-
patible with existing and potential uses within the
general area, traffic 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 the findings and analysis contained in this re-
port and incorporated herein by reference.
SPECIAL CONDITIONS
1. The building shall be redesigned to the extent necessary
to provide required sideyard setbacks. The revised design
shall be subject to the approval of the city Planning Di-
vision and Architectural Review Board. The Director of
Planning shall reserve the right to refer the revised
design back to the Planning Commission for approval if the
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design is inconsistent with the project concept as pres-
ented to the Commission or the findings or conditions
specified in this determination.
2. An openable window shall be provided in at least one bath-
room of each dwelling unit.
TENTATIVE PARCEL }~P CONDITIONS
3. 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.
4. 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.
5. 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.
6. 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.
7. 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 & Rls shall contain a nondiscrimination clause as pres-
ented in section 9392 (Sl1MC) and in the case of condomini-
ums, contain such provisions as are required by Section
9122E (SHHC).
8. The developer shall provide for payment of a Condominium
Tax of $I,OOO per saleable residential unit per the provi-
sions of Section 6651 et seq. of the Santa Monica
Municipal Code.
9. The form, contents, accompanying data, and filing of the
final SUbdivision map shall conform to the provisions of
Sections 9330 through 9338 (S}~fC) and the Subdivision Map
Act.
10. The final map shall be recorded with the Los Angeles Coun-
ty Recorder prior to issuance of any building permit for a
condominium proj ect pursuant to Government Code section
66499.30.
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}~P AND CONDITIONAL USE PEID1IT CONDITIONS
11. The Conditional Use Permit shall be deemed to be of no
further force or effect if Tentative Tract Map 44741 ex-
pires prior to approval of a Final Map for said tract.
12. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
13. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept may be subj act to Planning commission
Review. construction shall be in substantial conformance
with the plans submitted or as modified by the Planning
Commission, Architectural Review Board or Director of
Planning.
14. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
15. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
16. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking or other
actions.
17.
No noise
shall be
buildings.
generating compressors or other such equipment
placed adjacent to neighboring residential
18. Project design shall comply with the building energy reg-
ulations set forth in the California Administrative Code,
Title 24, Part 2, (Energy Conservation Standards for New
Residential Buildings), such conformance to be verified by
the Building and Safety Division prior to issuance of a
Building Permit.
19. Openable windows shall be provided throughout the project,
in a manner consistent with applicable building code and
energy conservation requirements.
20. Natural light shall be provided in at least one bathroom
in each dwelling unit.
21. 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
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of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be reJlloved without the ap-
proval of the Department of Recreation and Parks.
22. 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.
23. The approval granted herein shall not become effective for
a period of ten days from the date of determination or, if
appealed, until a final determination is made on the ap-
peal by the City Council.
Inclusionary Unit Condition
24. 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 one (1) affordable unit is 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 120% of the (HUD)
Los Angeles County median income, expending not over 25%
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 the
issuance of building permits for the subj ect proj ect.
Such agreement shall specify l) responsibilities of the
developer for making the unit available to eligible ten-
ants and 2) responsibilities of the city of Santa Monica
to prepare application forms for potential tenants, es-
tablish criteria for qualifications, and monitor com-
pliance with the provisions of the agreement.
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 Honica ("program
12") . Developer may satisfy the obligations created by
this Agreement by demonstrating to the Director of Plan-
ning compliance with any ordinance or resolution adopted
by the City within two years from the effective date of
this approval, which is intended to provide an alternative
method for compliance \'lith Program 12. An alternative
method may be, but is not limited to, the payment of a fee
in-lieu of providing an Affordable Unit.
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Prepared by: Richard 11ills, Associate Planner
ill!: nh
CUP427
09/30/86
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ATTACHUENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORHANCE
Land Use
Category Municipal Code Element
Project
Permitted Use 8 units 6 units
6 units
Height 3 stories/40' 3 stories/40'
3 stories/33,
Setbacks
Front yard
20' (1)
8' (2)
IS' (3 )
50%
201 average
Sideyard
7' average
Rearyard
15'
Lot Coverage
47%
Parking
Spaces
12
12
The kitchen in each unit will have natural light. (None of the
bathrooms have openable windows.) Security access will be
provided between the garages and each unit.
The proj ect is inconsistent with LUCE Polcy 4.3.6 which states
that "Use of alley access to service residential and commercial
buildings shall be encouraged", and Policy 3.4.7 which states
that "In multiple family residential areas, encourage access from
the alley side, to reinforce the continuity of the residential
streetscape, to preserve on-street parking, and to ensure safety
of children".
(1) Per Section 9109B. Sa SHl1C, when a neighboring structure is
located 15' or less from a front property line, portions of
the proposed structure may project up to 5' into a 20' front
setback as long as the average front setback is not less than
20' .
(2) Per Section 9109B.5b. Sl1HC, portions of a structure may
project up to 3' into each 8' side setback, as long as each
average sideyard setback is not less than 81. The subj act
project has a 71 average setback on each side.
(3) Per Section 9127H.5 Sl-me, an open, unenclosed stair\vay may
project up to 4' into a required rear yard.
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L. B. HEY m 8 n
Ii .e.SSOC.
LOCOL GOUERNMENTOL (}r COMMUNITY HELflTlONS
Rugust 25J 1906
Planning Commissioners
Department of Planning
City of Santa Monica
1685 Mam street
Santa Monica, en 90401
Re: 927 Fifth StreetJ Santa Monica, California
TIM 44141, CUP 427
Dear Commissioners,
This letter is being submitted on behalf of Mr. Bruce Shapiro, builder of c1
proposed 6 unit condominium project at the aboue address, in response
to a diSCUSSIOn which occurred In a meetmg on Fnday, August lSJ 19B6J
between my rlient, Mr. ShopiroJ myself and Rick Mills, Planner, of your
staff. Seueral issues arose dur mg this di:H.usslon which we feel
necessitate your attention.
CSi" tb n~
The first issue is that of the in-lieu housing fees. It IS our ~ __""'
under-standing that the deueloper has an option of paymg the in-lieu -b ~
fees wlthm a speCified time from the dJte of permit, or building a unit ~I'tk
for low-moderate inlome tenants. We also understand that there is ~
currently no legal mechanism to allow the deuetoper to pay a fe.e , and -~
that the City Rttor ney is developang languuge for the ordmance. The :!!:-.Qu....
problem is this: ~
J. Assuming the project is approlJed, and a permit pulled, how IS the -f!.{Y\
option to pay the in-lieu fee rehuned?
2. [an the deueloper rent out the umt to a tenant dur 109 thiS time?
3. Or does the rental/sale uf the de$rgnated umt constitute glUing up
that option?
.... Is it possible to begm the time period at issumg the certificate of
occupancy insteud of permit?
fan tinued...
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poge two
Plonmng Commissioners
He: 927 5th Street
Hugust 25, 1986
5. WhBt are the restrictions to this optIOn?
We request clorificotion of the aboLle i~sue In writing as soon 6S possible.
The second issue is that of str-eet access to the subterroneon garage. It
is our underst6nding that the Commissioners haue been requiring olley
access on pr ojects such as this one. That requirement would treate a
seuere hardship for this project. The project as proposed incorporates
street access for the followmg reason~:
D~ Site Conditions~
1. Street grade in front of our property (It the southern pomt is
94.20, at the north, 94.23, for an ouerage grade of 94.21.
2. Riley grade at the south property hne is 99.04. at the north
100.00, for an alJerage grade of 99.52.
B~ Gener-ol Pion (Land Use and Circulation Element) Sections:
1. LUCE Section 4.2.3:
-locate ne.... development and theH" 8ccess poi nts in such 8 Y8Y that traffic
is not encounged to utilize local resldent181 -streeb 8nd alleys fo,. access
to the development and its park18g.-
This section, and the folloUllng sections ran be interpreted to
mean commercial dellelopment, or lar ge scale reSidential
deuelopment. ThIS project is not larger than any other project in
the neighborhood, and indeed, smaller than some of its. neighbors,
and is considered a resldentidl proJect. The precedent has been
set in this neIghborhood for str eet ~c(:ess l~ee below) prou:ding
certam findings by Staff and the CommissIOners.
2. Section 4.3.7:
-He.... driveY8gs and mld-bloci: access pOInts shall be l1mited~ especial1g
along major road:L Whe,.e allegs exi$t but do not abut re:ndential
nei9hborhoods~ access from tbe street sholl be discounged. Where alleys
exist that do abut reSIdential nelghborhoods~ alleg access shall be
encouraged onl'J .,.,hen the potential traffic 1 nt,.USlon 18tO the nelghborhood
is ml oi fIll zed.-
The concept of limiting access fr om the street is a sound one
proUldmg It does. not cflpple the atlility to deL1elop the property.
contmued...
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page three
Planning Commissioners
He: 921 5th Street
Rugust 25, 1986
fifth Street is not considered a major road or thoroughfare, as
Fourth Street or Seuenth Street might be (on~idered. Traffic
mtrusion is minimized in this ~ituiltion as the project is only a
small 6 unit project.
3. Section 4.7.9
-Encourage parking and service a<:cegg trom e:l1sting and future
alleys that do not abut rendentl81 neIghborhoods. 'Where existing
or future alleys abut residential neighborhood:, encourage parking
and service access tram the alley only vhen the potential tratfle
intruzion into the residential neighborhood IS mlnimu:ed.-
The operatiue word is encou~8ge. Thl) does not mean require. To
"encourage" alley a(ce~~ In this situation would result In reducing
the U1abllity of the project to zero (see belowJ.
c. P~oject Conditions.
1. The zoning code requires any deck: eH(eeding 3 feet aboue gn~de
be considered a story. The bUilding as deSigned IS a 2 s tory With
mezzanine, considered B 2 story bUilding. The height eleuatlOn IS
27'-6". The maHimum height allowed IS 40'-0", 3 ~toneSc.
2. The builder wishes to retain a 2 story bUilding, as opposed to a 3
story bUilding for the following reasons:
B. 3 Story bUildings require greater sideyard setbaCKS.
b. 3 ~tory buildangs require one-hour (.onstructlOn, necessitating
more ettpensiue construction throughout the bUilding.
3. The garage slab must be set at 93.0: Ruerage property grade is
98.26. Rdd 3 feet for the limit aboue grade: 98.26+3.0= 1 01.26.
This is the maHlmum height at whl(h the top of the deck: (1 st floor
slab) tan be set. War Icing down, 4-6" slab depth of Is t floor, 1'0"
~tructure depth, 6'6"from bottom of 1st floor beams to floor,
results. in the floor to floor height for the garage is 8 feet, or 93.0
eleuatlon.
4. The difference in height between the garage slab and auerage
alley eleuation is 99.52-93.0==6.52 feet. The difference In height
between the garage slab and the street eleuatlOn IS
94.21-93.0=- 1.21 feet, IS more efficient to main tam
street access.
continued...
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page four
Planning Commissioners
He: 927 5th Street
Hugust 25~ 1986
5. Parking Stalls. The Impact of alley aCless is most critical here.
We will loose a minimum of 2 stalls due to the length of ramp,
which means loss of a unit. There is no other spare aUtulable to
put these two parking stalls. n flOe unit projel t is totally
infeasible economically.
6. If the garage eleuation is set higher than 93.2~ the building would
then be considered a 3 story structure.
We would like to point out to the Commissioners that a condominium
project at 911 5th Street, approLled on July 15~ 1985. only 2 lots north
of this property was approued with the garage access from the s.treet.
In that case, Staff supported au.ess from the street beuJUse of the 3'6"
grade difference from alley to street. Requiring alley access would
require a 15'-20' longer ramp to realh the parking lellet and reduce the
number of feasible parking spaces that could be prouided. The parking
plan had been approued by Parking and II attic. The Commission
determined that due to a 3'5" differenle In grade between the alley and
5th Street, an eHtreme hardship would result if alley ac(.ess were
required.
Our project, with a difference of 5.31 feet (99.52-94.21 =5.31) is a more
eHtreme s.ituation than euen the 911 5th Street project. We request,
therefore, that consideration be given on the Staff level as well as by
the Commissioners, to allowing ~treet l)({.ess to the garage.
Thank you for your consideration.
Sincerely,
Laurie 8. Heyman
LBH:mac
cc: ~1r. John Jalili
Ms. Peggy Curran
Ms. Ann Siracusa
t...1s. Stizzane Fnck
t...1r. Ri(.k t.-tllls
Mr. BrUle Shapiro
1427 SON'" MONICn MOLL, SU HE 205, SHNTH MONICH, tR.
213-393-9123
~T 'IAc..\-\:MEN\ t3
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: TTM 44741, CUP 427
LOCATION: 927 Fifth street
APPLICANT: Bruce Shapiro
REQUEST: 6-Unit Residential Condominium
PLANNING COMMISSION ACTION
10/6/86
Date.
x
Approved based on the fOllowing findings and
subject to the conditions below.
Denied.
Other.
TENTATIVE PARCEL MAP FINDINGS
1. The proposed subdivision, together with its prOV1Slon for
its design and improvements, is consistent with applicable
general and specific plans as adopted by the City of Santa
Monica based on the analysis and conditions contained in
this report and incorporated herein by reference.
2. The site is physically suitable for the proposed type and
density of development in that the project is an in-fill
of urban land adequately served by existing infrastructure
and having no significant physical site characteristics
precluding the proposed development.
3. 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.
4. The design of the subdivision or the type of improvement
will not cause serious public health problems.
5. 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.
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6. The design of the subdivision does not preclude future
passive or natural heating or cooling opportunities.
CONDITIONAL USE PERMIT FINDING
7. The proposed use and location are in accordance with good
zoning practice, in the public interest and necessary that
substantial justice be done and the proposed use is com-
patible with existing and potential uses within the
general area, traffic 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 the findings and analysis contained in this re-
port and incorporated herein by reference.
SPECIAL CONDITIONS
l. The building shall be redesigned to the extent necessary
to provide required sideyard setbacks. The revised design
shall be subject to the approval of the city Planning Di-
vision and Architectural Review Board. The Director of
Planning shall reserve the right to refer the revised
design back to the Planning Commission for approval if the
design is inconsistent with the project concept as pres-
ented to the Commission or the findings or conditions
specified in this determination.
2. An openable window shall be provided in at least one bath-
room of each dwelling unit.
TENTATIVE PARCEL MAP CONDITIONS
3. 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.
4. 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.
5. 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.
6. 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.
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7. 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's shall contain a nondiscrimination clause as pres-
ented in section 9392 (SMMC) and in the case of condomini-
ums, contain such provisions as are required by section
9l22E (SMMC).
8. 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.
9. 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.
lO. 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.
MAP AND CONDITIONAL USE PERMIT CONDITIONS
ll. The Conditional Use Permit shall be deemed to be of no
further force or effect if Tentative Tract Map 44741 ex-
pires prior to approval of a Final Map for said tract.
12. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
13. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept may be subj ect to Planning commission
Review. Construction shall be in substantial conformance
with the plans submitted or as modified by the Planning
Commission, Architectural Review Board or Director of
Planning.
14. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
15. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
16. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking or other
actions.
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17. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
18. Project design shall comply with the building energy reg-
ulations set forth in the California Administrative Code,
Title 24, Part 2, (Energy Conservation Standards for New
Residential Buildings), such conformance to be verified by
the Building and Safety Division prior to issuance of a
Building Permit.
19. Openable windows shall be provided throughout the project,
in a manner consistent with applicable building code and
energy conservation requirements.
20. Natural light shall be provided in at least one bathroom
in each dwelling unit.
21. 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.
22. 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.
23. The approval granted herein shall not become effective for
a period of ten days from the date of determination or, if
appealed, until a final determination is made on the ap-
peal by the City Council.
Inclusionary unit Condition
24. 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 one (I) affordable unit is 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 120% of the (HUD)
Los Angeles County median income, expending not over 25%
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 the
issuance of building permits for the subject project.
Such agreement shall specify 1) responsibilities of the
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developer for making the unit available to eligible ten-
ants and 2) responsibilities of the City of Santa Monica
to prepare application forms for potential tenants, es-
tablish criteria for qualifications, and monitor com-
pliance with the provisions of the agreement.
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 any ordinance or resolution adopted
by the City within two years from the effective date of
this approval, which is intended to provide an alternative
method for compliance with program 12. An al ternati ve
method may be, but is not limited to, the payment of a fee
in-lieu of providing an Affordable Unit.
VOTE
Ayes: Burns, Farivar, Israel, Nelson, Perlman, Hecht
Nays:
Abstain:
Absent:
Vacancy: One
I hereby certify that this statement of
accurately reflects the final determination
commission of the city of Santa Monica.
Official Action
of the Planning
signature
date
print name and title
RM:nh
STCUP427
lOj17j86
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AS
October 15, 1986
P-.'TTAc. ~ MEt-t\ c
TO:
SANTA MONICA CITY PLN~NING COm1ISSION
FROH:
THE TENfu~TS AT 923 FIFTH STREET
RE:
6-UNIT CO~DOHINIUH PROJECT APPROVED FOR 927 FIFTH STREET
We, as residents of 923 Fieth Street, Santa Monica, California,
the building directly to the north of the proposed project, hereby
appeal your decision to approve the project, as proposed.
'This proposed use will exacerbate traffic and parking problems
that already exist in this area. As it is now, before the 6-unit
condominium being built at 911 Fifth Street is completed, visitors
of the residences along the 900 block of Fifth Street are usually
forced to park several blocks away and to walk. This presents a
special problem at night because Fifth Street has no street lights.
We feel that this situation is already a threat to the public
safety of our neighborhood.
It is felt by all of us that these problems must be alleviated
before further building, which will inevitably lead to further de-
mand for parking. The projects at 911, 927 and eventually 957
Fifth Street, all within the same block between Idaho and Washington,
will, without question, compound parking and traffic problems that
already exist. All three of these condominium projects will replace
single family dwellings in the same block. It should be clear,
from the foregoing, that Fifth Street was never designed and is not
now capable of handling the parking for all of these new, higher-
density developments.
We feel that a building moratorium is in order until the City
studies the parking and traffic problems, with the goal of pro-
vid1ng a plan to mitigate these problems before more high-density
construction is approved.
We feel that this project, as approved, will have a significant
and adverse effect on the environment and will interfere with our
rights, as residents, to free enjoyment of our residences.
~~fUll subm~tted.
ReS1aen~s a 23 Fifth Street
Marilyn ivey, Representative
~/ '3 ~ 82,f3 - ~1 t7 Ci" "31 J -85 T8
,,- .
A\TA~H MEN-r- D
OFFICIAL NOTICE OF PUBLIC HEARING
UN AVISO DE UNA AUDIENCIA PUBLICA*
TO: concerned Persons
FROM: The city of Santa Monica
SUBJECT: Notice of Public Hearing
A Public Hearing will be held by the Santa Monica City council on
Tuesday, November 11, 1986 on the following:
This is an appeal of an october 6, 1986, Planning commission
Conditional approval of a six-unit residential condominium. The
applicant is Bruce Shapiro. The appellant is Marilyn Spivey.
TIME:
TUESDAY, November 11
, 1986 AT 7:30 P.M.
COUNCIL CHAMBER, ROOM 213 CITY HALL
1685 MAIN STREET, SANTA MONICA
SUBJECT OF HEARING: TTM 4474l, CUP 427, Appeal of Planning
Commission conditional approval
LOCATION:
PROPERTY ADDRESS
AND ZONING:
927 Fifth Street
R3 District
You are being informed of this hearing because according to
information submitted by the applicant, you are a property owner
or a resident near the project site. If you are no longer the
owner of property in this area, please forward this notice to the
current owner.
The City encourages public comment on this and other projects.
You or your representative, or any other persons may comment at
the public hearing, or by writing a letter. Written information
received before 3:00 P.M. on Wednesday before the hearing will be
forwarded to the Planning Commission in their regular packet.
Written information received after that date will be given to the
Planning Commission at the meeting. Letters should be addressed
to the City Planning Division, Room 212, City Hall, 1685 Main
Street, Santa Monica, California 90401.
If desired, further information on any application may be
obtained from the City Planning Division, Room 212, Santa Monica
City Hall, 1685 Main street, Santa Monica, California 90401 or by
telephone (213) 458-8341.
The meeting facility is accessible. If you have any special
needs such as sign language interpreting, please contact Office
of the Disabled at 458-870l.
Pursuant to California Government Code Section 65009(b), if this
matter is subsequently challenged in Court, the challenge may be
limited to only those issues raised at the Public Hearing
~
i ,
described in this notice, or in written correspondence delivered
to the City of Santa Monica at, or prior to, the Public Hearing.
* Este es un aviso de una audiencia pUblica de applicaciones para
un cambio de zona en Santa Monica que par 10 cual puede ser de
interes para usted. Para mas informacion por favor llame a
Mary Testa en City Planning Division al numero (213) 458-8341.
hear106