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SR-402-002 (41) PCD: S F :JT :AS: KC:J M :f:\plan\share\cou ncil\strpt.2002\98cu p04 7 .doc Council Mtg: July 9,2002 Santa Monica, California TO: Mayor and City Council FROM City Staff SUBJECT: Environmental Impact Report, Conditional Use Permit 98-047 And Vesting Tentative Tract Map 52649 To Allow The Construction Of A Ten-Unit Condominium Project With Twenty-Two Subterranean Parking Spaces Located At 834-838 Sixteenth Street. Applicant: Norman Salter INTRODUCTION This report recommends that the City Council certify the Final EIR, adopt a Statement of Overriding Considerations, and approve Conditional Use Permit 98-047 and Vesting Tentative Tract Map 52649 with conditions to allow the construction of a 10-unit condominium building located at 834-838 Sixteenth Street. BACKGROUND The subject property is located in the R-2, Low Density Multiple-Family Residential District, and consists of two adjoining lots comprising 15,000 square feet in area The applicant proposes to demolish three existing residential dwellings on the two lots and develop a two-story, 1 O-unit condominium project. JUl - 9 2082 ~.A Proiect History On July 5, 2000, the Planning Commission denied CUP 98-047 and Vesting Tentative Tract Map 52649. The applicant appealed the Planning Commission's decision to the City Council On August 8, 2000, the City Council denied the appeal and upheld the Planning Commission's decision, finding that the project was inconsistent with the City's General Plan and that additional environmental review was required. On October 23, 2000, the applicant filed a lawsuit against the City challenging the City's denial of the permits. Thereafter, the City and the applicant entered into a settlement agreement which stayed the litigation while the applicant pursued a revised project. Pursuant to the settlement agreement, the applicant redesigned the project in accordance with the new North of Wilshire Overlay District requirements set forth in Santa Monica Ordinance No. 1977 (CCS) which was later extended by Ordinance No. 2042 (CCS), the City prepared a focused EIR for the revised project and the City agreed to remand the revised project to the City Council for public hearing. Under the settlement, if the City Council grants the approval of the revised project, the applicant has agreed to dismiss the pending lawsuit. Alternatively, if the City Council denies the revised project, the applicant retains the right to proceed with its lawsuit. The applicant's original application for a Vesting Tentative Map vested the development standards in effect at the time of its filing. Therefore, the new North of Wilshire Overlay standards codified in Ordinance No. 2042 (CCS) technically do not apply to this project. However, the applicant has voluntarily redesigned the project to comply with these 2 standards Thus, the redesigned project is less intense than legally permitted For purposes of a comprehensive overview, this staff report contains a discussion of both old and new development standards. ANAL YSIS Proiect Desiqn The Mediterranean style condominium project is designed with two two-story symmetrical buildings facing an interior courtyard. Each building will contain attached townhouse-style condominiums. Visitor access to the townhouse-style units will be from 16th Street and 15th Court Alley via the center courtyard. Additional access will be provided directly via interior stairways from the subterranean garage bays to the foyer of the individual units. The gated courtyard will provide common open space and reduce the building mass when viewed from 16th Street and the alley, The terrain drops approximately 3 feet from the north to the south side property lines along the front portion of the lots, which will necessitate a higher retaining wall along the south building in order to keep the building heights aligned with one another. The total net habitable space will be 13,995 square feet. The buildings will be a maximum of 30 feet in height, which will include the pitched roofs and 4' x 4' stairwells that will access roof decks. All ten units will have townhouse-style floor plans that range from 1,380 to 1,410 square feet in floor area. Each unit will feature a common kitchen/dining and living room area and a half bath on the first floor and two bedrooms and two full baths on the second floor. The units will also include mezzanines above the second floor master bedrooms 3 that range in size from 60 to 82 square feet. Private Open Space and Site Landscapinq The private open space proposed for each unit exceeds the 50 square foot minimum Each unit will have access to a minimum of 218 square feet to a maximum of 450 square feet of private open space at the ground level. In addition, each unit will contain balconies adjacent to the bedrooms and a roof deck at the mezzanine level. The courtyard design will provide a shared public space for residents and will provide a view shed between the buildings from the street. Fifty-eight percent or 1,159 square feet of the required front yard will be landscaped, which exceeds the minimum 50% required by Code. Fifty-four percent of the north side yard and 51% of the east side yard will be landscaped, which exceeds the minimum 50% required by Code. In accordance with Ordinance 2042 (CCS), the applicant will also provide two 24-inch box trees in the required front yard. A mature tree is located on the adjacent property to the south at 844 16th Street that could be impacted during the construction of the proposed project. Condition #24 is recommended to requires tree protection zone measures be taken during construction to preserve the tree. These measures are subject to approval of the Open Space Management Division of the Community and Cultural Services Department. Conversely, a mature Palm tree proposed for removal is located on the subject property 4 close to the property line adjacent to 828 16th Street and a low-rise wall construction monitoring plan requires adequate measures to protect the wall possible damage due to the Palm tree removal. Parkinq and Circulation Two parking spaces are required and provided for each unit within the subterranean garage accessed from 15th Court Alley. The garage will also include two visitor spaces for a total of 22 parking spaces. Pedestrian access to the subterranean parking garage is through private stairwells from the individual units and from two secondary exit stairways located in the front yard, Affordable Housinq Obliqation The project is subject to the City's Affordable Housing Production Program which requires a ten-unit development to do one of the following: provide either two low cost affordable units or one very low cost affordable unit on-site (Section 9.56.050); provide the affordable units off-site (Section 9.56.060); pay an affordable housing fee (Section 9.56.070); or acquire land for affordable housing (Section 9.56.080). The applicant has elected to satisfy the Affordable Housing Production requirement through payment of an affordable housing fee, The settlement agreement provides that the applicant is subject to the affordable housing fee in effect at the time the original project application was deemed complete. The project's affordable housing fee, calculated based on a 13,995 square foot project, would be $154,084.95 ($11.01 x 13,995 sq. ft.), The fee will be recalculated prior to payment based on the actual floor area of the project as 5 constructed. The housing fee must be paid prior to occupancy, Neiqhborhood Compatibility The subject site is located within a developed neighborhood with a mixture of single and multi-family residences. The proposed use is consistent with the site's low-density zoning and land use classification. In addition, the project is compatible with the adjacent uses. The neighborhood is predominantly developed with multi-family developments. The sixteen residential developments located within the 800 block of 16th Street all consist of multi-family developments ranging from three to thirteen units, As previously stated, the applicant has redesigned this project to comply with the development standards set forth in Ordinance 2042 (CCS). The major differences between these overlay standards and the R2 development standards are: a) a reduction in height from 30' to 23' for a building's exterior walls; b) an increase of upper level stepbacks along the front and side elevations; c) an increase in articulation along the entire side elevations; d) the elimination of rooftop mechanical equipment rooms and stair towers larger than 16 square feet; and e) an increase in landscaping along the side yards and plant material within the front yard. In addition, the architect revised the project to address the comments provided by oral and written testimony at the prior public hearings. This was primarily accomplished by choosing to develop in accordance with Ordinance No. 2042 (CCS). While this section discusses the new development standards, because these 6 regulations are more restrictive than the previous requirements, to the extent the project complies with the new regulations it follows that it also complies with the old regulations. All project approvals must be based on the regulations in effect at the time the application was deemed approved. The redesigned project will meet the development standards for projects within the R2 district, and will exceed the requirements for landscaping and upper level stepbacks. The development of ten units on two consolidated 50' x 150' lots will provide greater side yard setbacks and upper level step backs than would be required for two separate 5-unit developments. The project will provide 9' to 11' side yard setbacks, which exceed the side yards of most of the existing development. These greater setbacks will reduce the massing effect upon the adjacent properties and will increase the amount of landscaped areas provided within these setbacks. The most significant change is the redesigned project's overall height and mass. The height of the exterior walls has been lowered 6.5 feet to a maximum height of 23' In addition, the 9' high, 210 square-foot mechanical enclosures on the roof have been eliminated and replaced with 6' high, 4' x 4' stairwells that will be integrated within the building's pitched roofline, The project's pitched roof will extend to a maximum height of 30' above average natural grade, which is consistent with the height limits currently permitted in the district. Further, the design will incorporate greater setbacks along the first and second floors of the front and side elevations. The reduction in height and the increase in articulation will further minimize the building mass and will provide a height 7 and scale that is compatible with the adjacent 31' high apartment building to the north and the 18' high single-story and 21' high two-story apartment buildings to the south. CEQA Compliance Based on the initial environmental analysis that the project's potential impact on traffic and air quality could be significant, the City determined that an Environmental Impact Report (EIR) was required. The Draft EIR was made available for public review on May 23,2002 and the 30-day comment period ended on June 24,2002. The EIR discusses the environmental impacts associated with development of the proposed condominium project including the project's effect on aesthetics, shade and shadows, cultural resources, construction impacts and neighborhood effects. The Initial Study (IS) determined that all other issue areas, Geology and Soils, Biological Resources, Population and Housing, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Agricultural Resources, Public Services, Economic and Social Impacts, Recreation, and Utilities and Service Systems would result in no environmental impacts, or less than significant environmental impacts pursuant to standard conditions that are imposed on this type of project. Since the buildings proposed for demolition are over 40 years old, additional analysis of the potential historic resources impacts was performed. The historic analysis determined that the buildings are not eligible for listing on the National or California registers and are not eligible for local landmark designation. Therefore, these buildings are not considered historic resources. Similarly, the EIR concluded that the project's 8 effect on aesthetics, shade and shadows, neighborhood effects (other than traffic) and construction effects were less than significant or could be mitigated. Finally, as discussed below, the EIR concluded that the project would have a significant effect on traffic. Traffic/Circulation, Cumulative Effects No intersections will be significantly impacted. However, because traffic levels on Idaho Avenue between 15th and 7th Streets exceed significant threshold criteria adopted by the City for local, feeder and collector streets, any traffic attributed to the project is considered a significant impact. Although the project is expected to only add eleven (11) vehicle trips on Idaho Avenue between 15th and 1 ih Streets, this traffic impact on Idaho Avenue is considered significant. Short of significantly reducing the size of the project, there are no feasible mitigation measures to reduce traffic impacts to a less than significant level. Public Comment on EIR A total of 2 comment letters on the draft EIR were received. These comment letters, as well as the response to comments, are included in the Final EIR (Attachment I). One concern was raised the issue of the safety of alley access. The City of Santa Monica Municipal Code Section 9.04.10.08.080 states that alleys shall be used for access to on-site parking in multi-family residential districts where the site has an adjacent side or rear alley having a minimum right-of-way of 15 feet The Municipal Code provides for the use of alleys, as they are intended for vehicular access, and the minimization of curb cuts both increases the maximum amount of on-street parking as well as limits the 9 potential safety conflicts between pedestrians and vehicles Additionally, alleys are designed to serve all adjoining properties to the maximum density allowed for the area. There are four exceptions in which a project may provide access from the street: (1) when the site has no adjacent side or rear alley; (2) when the topography of the site precludes reasonable access from the alley to the extent that the use of the property is restricted beyond otherwise applicable Property Development Standards; (3) the average slope of the parcel is 5% or greater; and/or (4) the Zoning Administrator and the City Parking and Traffic Engineer determines that a curb is appropriate due to traffic, circulation or safety concerns. Curb cuts are only determined to be appropriate in exceptional circumstances, such as the physical inability of vehicles to turn in or out of the alley or to provide pedestrian crossing between properties with associated uses. Providing access to the site from 16th Street conflicts with the Municipal Code requirement as the subject alley adjacent to the project is 20 feet wide and does not meet any of the four Municipal Code exceptions, The width of an alley is typically 20 feet, allowing access to individual properties and supporting other functions, such as refuse and recycling areas. If the existing curb cuts are replaced, there will be a net street parking increase, thus promoting one of the goals of this code requirement. The other major concern raised by the commentors was the height of the building, As mentioned in the staff report, the building was re-designed to comply with the overlay standards and is in full compliance with such standards. Further, the EIR's shade and shadow study confirmed that the building's height would have no shade or shadow impact on adjacent buildings 10 Statement of Overridinq Considerations Although the project is expected to add traffic impacts which cannot be mitigated, the project-related volumes are exceedingly low, with 2 new trips per day on Idaho Avenue west of the alley access, 8 new trips per day on Idaho Avenue between the alley and 16th Street, and one new trip per day projected on Idaho Avenue between 16th and 1 ih Streets. Further, the proposed two-story, 10-unit condominium with subterranean garage is consistent with the General Plan designation for Low Density Housing and with the purpose, use and development standards of the R2 District. Therefore, implementation of the project would not alter present or planned land use characteristics of the surrounding neighborhood (Le other multiple-family residential uses), or otherwise conflict with applicable land use plans, policies or regulations. In addition, the overall projected cumulative base conditions associated with traffic in the project area represent a deterioration in existing operating conditions. Therefore, it is likely that cumulative growth in the project area would create significant traffic impacts regardless of development of the proposed project. Since the 11 additional vehicle trips on Idaho Avenue are distributed over a 24-hour period, a minimal number of vehicle trips are likely to occur in anyone-hour period. Staff believes the increased housing benefit of the project outweighs the minimal traffic impacts. Accordingly, adoption of a statement of overriding considerations is recommended 11 Conclusion Staff believes that the use and design of the proposed redesigned project is compatible to the scale and character of the neighborhood. The project compiles with all applicable zoning codes and is consistent with the General Plan for the low-density housing district. The project will have lower density than most of the existing residential structures along the block and will be designed to be consistent in height and scale with most of the structures in the neighborhood. Although, the project will generate additional trips that would add traffic to the street, the distribution of such traffic will have negligible impacts on the existing traffic conditions. With the development of a landscape plan, to be approved by the ARB, the development will meet the City's standards and provide improved family housing units. RENT CONTROL STATUS The single-family structure located at 834 16th Street is exempt from rent control. The two residential units located at 838 16th Street are under rent control. The applicant is currently seeking to withdraw the property from the rental market, pursuant to the Ellis Act. FEES The project is subject to . Parks and Recreation Facilities Tax of $200 per unit for a total of $2,000.00. . Condominium Facilities Tax of $1 ,000 per saleable unit for a total tax of $10,000.00, 12 - Affordable Housing Obligation fee of $11.01 per square foot of floor area for a total of $154,084.95 (13,995 SF x 11.01). PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project at least ten consecutive calendar days prior to the hearing and was published in the California section of the Los Angeles Times on June 28, 2002. A copy of the notice is contained in Attachment B. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION The proposed condominium complies with all applicable provisions of the Zoning Ordinance and the General Plan, The proposed design and use is compatible with the existing development in the general area It is recommended that the City Council certify the EIR, adopt a Statement of Overriding Considerations, and approve CUP 98- 047 and Vesting Tentative Tract Map 52649 with the following findings and conditions, 13 TENTATIVE TRACT MAP FINDINGS 1 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, in that the project conforms to the provisions of the R2 (Low Density Multiple Family Residential District) Development Standards of the Zoning Ordinance, and the Low-Density Multi- Family Residential Section of the Land Use Element of the General Plan. In addition, although not required, the proposed subdivision complies with Interim Ordinance No. 2042. 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 15,000 square foot lot in the R2 District can accommodate up to 10 units and the project proposes 10 units. 4. The design of the ten-unit condominium will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that the project will replace an existing development, in an urbanized area. 5. The design of the ten-unit condominium project will not cause serious public health problems, in that the proposed development complies with the provisions of the Zoning Ordinance and the General Plan. 6. The design of the ten-unit condominium project will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision, in that no such easements exist on the subject site and the property has vehicular and pedestrian access from Fifteenth Court Alley. 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 Ordinance", in that the proposed project application was deemed complete on April 30, 1999 and continues to have vested rights under the R2 development standards and the Conditional Use Permit process for condominiums at that time. The project complies with the R2 District Development Standards of the Zoning Ordinance and the Low Density Housing Multi-family Residential Section of the Land Use Element of the General Plan. 2. The proposed use would not impair the integrity and character of the district in 14 which it is to be established or located, in that the ten-unit condominium building complies with the R2 District Development Standards of the Zoning Ordinance and the Low Density Housing Multi-family Residential Section of the Land Use Element of the General Plan which permits up to 29 residential units per acre. The project use and density is compatible to the adjacent uses within the neighborhood, which predominately consist of multi-family developments between three and thirteen units per site. 3. The 15,000 square foot parcel is physically suitable for the type of land use being proposed in that the property has no unusual characteristics, can accommodate up to ten residential units, and has all necessary public improvements and ac- cess to utilities. 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 it is similar in both density and use to surrounding properties and the development as conditioned, complies with the Code requirements. 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 infill of urban land adequately served by existing infrastructure. 6. Public access to the proposed use will be adequate, in that the site is adequately served by existing streets and alleys. 7 The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood in that the design, as conditioned, meets setbacks, lot coverage and height requirements for the R2 District and the North of Wilshire Overlay. The consolidation of the subject lots for a single development will provide an additional 2.5' to the side yards than would be provided if the lots were developed separately, which will reduce the massing effect upon adjacent properties and provide an opportunity for additional landscaping. In addition the project's scale and height will be compatible with the surrounding neighborhood and is subject to Architectural Review Board approval. 8. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the area is defined as a low multi-family residential area in the Land Use Element of the General Plan. 9. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the project is an appropriate and compatible use in the R2 District and complies with the provisions of the Zoning Ordinance and the General Plan. In addition, the proposed density is consistent with the adjacent residential developments that range from three to thirteen units 15 - per site, 10. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that the condominium development does not contain any of the special features described in the aforementioned Subchapters and, therefore, the Performance Standards and Special Conditions relating to those features do not apply to the development. 11 The proposed use will not result in an over-concentration of such uses in the immediate vicinity, in that the area is defined as a low multi-family residential district, and the project complies with the unit per acre density limitations set in the Land Use Element of the General Plan. CONDITIONAL USE PERMIT CONDITIONS Plans 1. This approval is for those plans dated 6/4/01, 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 provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Management Division. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning and Community Development. 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 Commission, Architectural Review Board or Director of Planning and Community Development. Architectural Review Board 5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its 16 review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 6. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 7. Plans for final design, landscaping, screening, and trash enclosures shall be subject to review and approval by the Architectural Review Board. 8. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities, scale and articulation of design elements, exterior colors, textures and materials, window treatment, glazing, height of mechanical enclosures, and landscaping. 9. The planter walls proposed within the front yard shall be no higher than 42'" above average natural grade. Finished floor of any terrace or patio may not exceed 3' above grade in the required front yard. In addition, the Architectural Review Board shall pay particular attention to the scale, height, and massing of the walls in relation to the one and two-story apartment buildings located to the south. 10. Construction period signage shall be subject to the approval of the Architectural Review Board. 11. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in that Part. 12. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.151. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof (unless located within a mechanical room). 13. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 17 Fees 14 A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unit(s) on the subject lot, per and subject to the provisions of Section 6.80.010 et seq. of the Santa Monica Municipal Code. Demolition 15. The existing site shall be maintained and secured by erecting a security fence, and removing all debris, bushes and planting that inhibits the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs. The lot shall be kept clear of all trash, weeds, etc. 16. Unless otherwise approved by the Community and Cultural Services Department and the Planning Division, at the time of demolition, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS). 17 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. 18. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to insure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 19. No demolition of buildings or structure built 40 years of age or older shall be permitted until the end of a 60-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application. The existing site shall be maintained and secured by erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs. The lot shall be kept clear of all trash, weeds, etc. 18 Construction Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the De- partment of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works Management prior to issuance of the building permits. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. 23 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 Community and Cultural Services Department and the Department of Environmental and Public Works Management. No street tree shall be removed without the approval of the Community and Cultural Services Department. 24 The mature tree located on the adjacent property to the south at 844 16th Street shall be preserved pursuant to the City of Santa Monica Tree Protection Zone Measures and subject to the approval of the Open Space Management Division of the Community and Cultural Services Department. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction- related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction- 19 - period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on- site construction manager; 16) Provide a plan for protection of the property line wall located along the northern property line. 26. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 27. A sign shall be posted on the property in a manner consistent with the public hearing 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 indicate the hours of permissible construction work. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. Environmental Mitiqation 29. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) Parking areas and structures and other facilities generating wastewater with significant oil and grease content are required to pretreat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The Environmental and Public Works Management Department will set specific requirements. Building Permit plans shall show the required installation. 31 The exterior building lighting shall be designed to shed light pools only on the project site and provide "cutoff" shields, as necessary to prevent an increase in lighting upon adjacent residential uses. 32. Landscaping illumination and exterior sign lighting shall be accomplished with low-level, unobtrusive fixtures. Such lighting shall be shielded to direct light pools away from off-site viewers. 20 33. The applicant shall prepare and implement a Construction Impact Mitigation Plan to include the plan for traffic management during construction. This plan shall be subject to review and approval by the City and, at a minimum, shall include the following: a) a City information program to advise motorist of impending construction activities b) approval from the Department of Environmental and Public Works Management Division and all other affected agencies for any construction detours or construction work requiring encroachment into public right-of-way, or any street use activity; c) timely notification of construction schedules to all affected City agencies; d) coordination of construction work with affected City agencies 5 to 10 days prior to start of work; e) a traffic control plan for the streets surrounding the work area, which includes specific information regarding the project's construction and activities that will disrupt normal traffic flow; f) prohibition of dirt and demolition material hauling and construction material delivery during the morning and afternoon peak traffic periods and cleaning of streets and equipment as necessary; g) scheduling and expediting of work to cause the least amount of disruption and interference to the adjacent vehicular and pedestrian traffic flow. It is recommended that all weekday daytime work on the City street be performed between the hours of 9:00 am and 3:00 pm; h) limiting the amount of queuing of trucks to on-site and prohibition of truck queuing on area roadways; I) scheduling of pre-construction meetings with affected City agencies to properly plan methods of controlling traffic through work areas; j) storage of construction material and equipment within the designated work area and limitation of equipment and material visibility to the public; k) provisions to provide off-street parking to construction employees, including use of a remote location with shuttle transport to the site, if determined necessary by City agencies. 34. Water trucks or sprinkler systems are to be used during clearing, grading, earth moving, excavation, or transportation of cut or infill materials, and construction to prevent dust from leaving the site and to prevent dirt/dust buildup. Provisions shall be made prior to and during watering of the site to prevent water runoff. The streets and sidewalks within 150 feet of the site perimeter shall be swept during construction. Additional sweeping shall be performed as determined by City inspections. 36. Soil stockpiled for more than 2 days shall be covered, kept moist, or treated with soil binders to prevent dust generation. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers and whenever feasible, electrical power shall be used to run air compressors and similar power tools. For all noise generating construction activity on the project site, additional noise attenuation techniques shall be employed, as needed and feasible; to reduce 21 noise levels to City of Santa Monica noise standards. Such techniques may include, but are not limited to the use of sound blankets on noise generating equipment and the construction of temporary sound barriers, including walls or other sound attenuating features, between construction sites and nearby sensitive receptors. All construction activities, which generate noise levels above those allowed by the City Noise Ordinance, shall be limited between the hours of 10 a.m. and 3 p.m. Miscellaneous CUP Conditions The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 40. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning and Community . Development to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings. 41 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 Environmental and Public Works Management. No fence, gate, or wall within the required front yard setback, inclusive of any subterranean garage slab and fencing, gate, or railing on top thereof, shall exceed a height of 42" above actual grade of the property. 43. A security gate shall be provided across the opening to the subterranean garage. If any guest parking space is located in the subterranean garage, the security gate shall be equipped with an electronic or other system which will open the gate to provide visitors with vehicular access to the garage without leaving their vehicles. The security gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit. 44. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot. Roof locations may be used when the mechanical equipment is installed within a soundrated parapet enclosure. 45. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels - 22 do not exceed maximum allowable levels for the applicable noise zone. 46. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed indoors which may be heard outdoors. Validitv of Permits 47. In the event permitted violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 48 Within ten days of City Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City Planning Division, agreeing to the Conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 49. Exercise of rights shall mean issuance of a building permit to commence construction. However, the permit shall also expire if the building permit expires pursuant to the requirements of Santa Monica Municipal Code section 8.08.060. One 12-month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval. 50. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Conditional Use Permit. Affordable Housinq Obliqation 51 Pursuant to Santa Monica Municipal Code (SMMC) Chapter 9.56, the project is subject to the City's Affordable Housing Production Program which requires a ten-unit development to provide either one (10%) very low cost affordable units or two (20%) low cost affordable units on-site (SMMC Section 9.56.050), provide the affordable units off-site (SMMC Section 9.56.060), pay an affordable housing fee (SMMC Section 9.56.070), acquire land for affordable housing (SMMC 23 - Section 9.56.080). The developer has elected to satisfy the Affordable Housing Production requirement through payment of an affordable housing fee. The project's affordable housing fee is bases on the following formula: Floor Area (as defined by SMMC Section 9.04.02.030.315) x $11.01. The project's floor area as shown on the plans dated 6/4/01 is 13,995 square feet. The project's affordable housing fee based on this floor area would be $154,084.95 ($11.01 x 13,995 sq. ft.). The fee will be recalculated prior to payment based on the actual building floor area of the project as constructed. The fee must be paid in full prior to the City granting any approval for the occupancy of the project. TENTATIVE TRACT MAP CONDITIONS 1 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 engineer and approved by the City Engineer. 2, A subdivision improvement agreement for all off site improvements required by the City Engineer shall be prepared and a performance bond posted through the City Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Government Code Section 66452.6 and Sections 9.04.16.030(e) of the Santa Monica Municipal Code. During this time period the final map shall be presented to the City of Santa Monica for approval. No building permit for the project will be granted until such time as the final map is approved by the Santa Monica City Council. 4. In submitting required materials to the Santa Monica Engineering Division for a final map, applicant shall provide a copy of the approved Statement of Official Action. 5. Prior to approval of the final map, Condominium Association By-Laws (if applicable) and a Declaration of CC & R's shall be reviewed and approved by the City Attorney. The CC & R's shall contain a non-discrimination clause as presented in Section 9.20.20.020 (SMMC) and in the case of condominiums, contain such provisions as are required by Section 9.04.16.030(e)(SMMC). 6. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provisions of Section 6.76.010 et seq. of the Santa Monica Municipal Code. 24 7 The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of Sections 9.20.12.010 through 9.20.08.090 (SMMC) and the Subdivision 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 Sections 9.20.12.010 through 9.20.12.080 (SMMC) and the Subdivision Map Act. 9. One Mylar and one blue-line copy of the final map shall be provided to and recorded with the Los Angeles County Recorder prior to issuance of any building permit for a condominium project pursuant to Government Code Section 66499.30. Applicant shall also provide the County with a copy of this Statement of Official Action at the time the required copies of the map are submitted. 10. A copy of the recorded map shall be provided to the City Planning Division before issuance of a Building permit. 11 Pursuant to Section 9.20.14.070 (SMMC), if the subdivider or any interested person disagrees with any action by the Planning Commission with respect to the tentative map, an appeal or complaint may be filed in writing with the City Clerk. No appeal or complaint may be filed after a ten day period from the Commission's decision on the tentative map. Prepared by: Suzanne Frick, Director Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Kimberly Christensen, AICP Senior Planner City Planning Division Planning and Community Development Department Attachments: A. Municipal Code and General Plan Conformance B. Notice of Public Hearing C. Radius and Location Map D. Written public comments E. Resolution Certifying the Final EIR F. Resolution Adopting a Statement of Overriding Considerations G. CC&R's Resume H. Rendering & Photographs of Site and Surrounding Properties, Plot Plan, Floor Plans and Elevations, Vesting Tentative Tract Map 52649 I. Final EIR f:\Plan\Share\Council\Strpt\2002\98CU P04 7 .doc June 27,2002 25 ATTACHMENT A Municipal Code and General Plan Conformance \4\". 0026 Development Category Permitted Use Classification Height of Building Number of Stories Max. Unit Density Max. Lot Coverage Mezzanines and Lofts Front Yard Setback Upper Level Setbacks Front Elevation . 0' - 14' above grade ATTACHMENT A Municipal Code Multi-family dwelling units [SMMC 9. 04. 08. 06. 020(d)] 23' for flat roof 30' for a pitched roof (3:1 min. slope) 2 stories, plus mezzanine Ordinance 2042 1 unit per 1,500 SF of lot area 14,987 /1,500 = 9.99 or 10 units SMMC 9.04.08.06.060 b) 50% .50 x 14,987 = 7,493.50 SF SMMC 9.04.08.06.060 c Mezzanines and lofts shall have a minimum 7' clear height, and shall not exceed one-third of the total floor area in the room open below. In addition, they shall contain no walls, partitions, closet, or bathrooms. Open rooms consists of: Units 1, 2, & 9 = 180.88 SF each Units 3 thru 8 = 248.9 SF each Unit 10 = 211.75 SF Maximum SF for mezzanines/lofts: 180.88 SF / 3 = 60.29 SF max. 248.90 SF / 3 = 82.97 SF max. 211.75 SF / 3 = 70.58 SF max. [SMMC 9.04.02.030.485] 20' [SMMC 9. 04. 08. 06. 060(e)] . 24% of front elevation from the grade level up to 14' in height shall provide an additional 5-foot average setback from the min. 20' front yard setback. 32.75' x 2 = 65.5' 1 O-unit condominium building 30' maximum height for pitched roofs. 2 stories, plus mezzanine 5-unit condominium building 7,489/14,987 = .499 or 50% Units 1,2 & 9 = 60.06 SF Units 3 thru 8 = 82.35 SF Unit 10 = 69.75 SF 20' . [2' x 11.58'] x 10' = 231.6 cf [1.75' x 11.58'] x 4' = 81.06 cf [2' x 11.0'] x 10' = 220 cf 2 x (220 + 81.06 + 231.6) = 1,065.32 cf .08' x 65.5' x 14' = 73.36 cf ~.. v\-27 65.5' x .24 = 15.72' Total = 1,065.32 cf + 73.36 cf [15.72' x 5'] x 14'H = 1100.4 cf = 1,138.68 cubic feet provided . 15' plus above . 30% of the front elevation 15' . [13.59' x 3.75'] x 8' =407.7 cf grade above ANG shall provide an [11' x 4.42] x 8' = 388.96 cf additional 1 a-foot average 2 x (407.7 cf + 388.96 cf) = setback from the minimum front 1,593.32 cf yard setback. [.08' x 65.5'] x 8' = 41.92 cf 32.75' x .2 = 65.50' Total = 1,593.32 cf + 41.92 cf 65.50' x .30 = 19.65' = 1,635.24 cubic feet provided [19.65' x 1 a'] x 8'H = 1,572 cubic feet [Ordinance 20421 Rear Yard Setback 15' [SMMC 9. 04. 08. 06. 060(f)] 15.25' from the centerline of the allev. Side Yard Setback 5' + (stories x lot width) /50 = 9.25' to 11' setbacks are 5'+ (2' X 99.98') / 50 = 8.9' provided. rSMMC 9. 04. 08. 06. 060(q)1 "ut 0\..28 Upper Level Setbacks . No more than 50% of side . Complies South Side Elevation elevation can be on same parallel plane. A minimum separation of at least 2 feet is required between parallel planes. 124.82' x .5 = 62.41' . 3'-13' grade. . 13-23' grade. above above An additional four-foot setback from the required minimum side yard setback. (124.82' x 4') x 10' = 4,992.8 cubic feet required. . 13' - 23' above · grade [Ordinance 2042] Upper Level Setbacks . No more than 50% of side North Side Elevation elevation can be on same parallel plane. A minimum separation of at least 2 feet is required between parallel planes. 124.68' x .5 = 62.34' . 3'-13' grade. . 13-23' grade. above above 0'-13' above ANG 62.41' @ 11.00' side yard 49.83' @ 13.00' side yard 9.42' @ 20.74' side yard 2.00' @ 24.00' side yard 1.17' @ 34.50' side yard 13' -23' above ANG 2.75' @ 9.25' side yard 46.92' @ 11.00' side yard 43.67' @ 13.00' side yard 16.50' @ 15.33' side yard 9.42' @ 18.25' side yard 4.42' @ 24.00' side yard 1.15' @ 34.00' side yard 13' -23' above ANG 2.75' x .35' = .96 SF 46.92' x 2.10' = 98.53 SF 43.67' x 4.10' = 179.05 SF 16.50' x 6.43' = 106.10 SF 9.42' x 9.35' = 88.08 SF 4.42' x 15.10' = 66.74 SF 1.15' x 25.10' = 28.87 SF Total = 568.33 SF x 10' H = 5683.3 cubic feet rovided. . Complies 3'-13' above ANG 59.26' @ 11.00' side yard 61.42' @ 13.00' side yard 4.00' @ 24.00' side yard 13'-23' above arade 5.50' @ 9.25' side yard 41.00' @ 11.00' side yard 52.84' @ 13.00' side yard 16.50' @ 15.33' side yard '" 2 9 il1.. lfI \J ~ . 13' - 23' above . grade R2 Upper Level Stepbacks for Front Elevation 14' - 23' An additional four-foot setback from the required minimum side yard setback. (124.68' x 4') x 10' = 4.987.2 cubic volume required. [Ordinance 2042] . Any portion of the front building elevation between 14' and 23' exceeding 75% of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to 4% of the parcel depth, but in no case resulting in a requirement step back greater than 10'. Max. buildable elevation = 82.18' 82.18' x .75 = 61.64' 65.98' front elevation - 61.64' = 4.34' 4.34 x (.04 x 149.9) x9' = 234.2 cubic feet reauired rSMMC 9. 04. OB. OB. 060(i)(1)1 I I 8.84' @ 24.00' side yard ... 13'-23' above arade 5.50' x .35' = 1.93 SF 41.00' x 2.10' = 86.10 SF 52.84' x 4.10' = 216.64 SF 16.50' x 6.43' = 106.10 SF 8.84'x15.10= 133.48 SF , , 544.25' x 10' = 5.442.5 cubic volume provided . [13.59' x 3.75'] x 8' =407.7 cf [11' x 4.42] x 8' = 388.96 cf 2 x (407.7 cf + 388.96 cf) = 1,593.32 cf [.08' x 65.5'] x 8' = 41.92 cf Total = 1,593.32 cf + 41.92 cf = 1.635.24 cubic feet provided ~fii (j\..30 R2 Upper Level Step backs South and North Side Elevations Landscaping . Any portion of the side buildinQ elevation between 14' and 23' exceeding 50% of the maximum buildable side elevation shall be stepped back from the side setback line and additional average amount equal to 6% of the parcel width, but in no case resulting in a require stepback greater than 10'. Max. buildable elev. = 124.90' 124.90' x .50 = 62.45' North Side 124.68'- 62.45' = 62.23' 62.23' x (99.98' x .06) x 9' = 3.359.75 cubic feet reauired South Side 124.82' - 62.45' = 62.37' 62.37' x (99.98 x .06) x 9 = 3.367.31 cubic feet reauired [SMMC 9. 04.08.06. 060(j)(3)] . A minimum of 50% of both required side yards (124.9' x 8.9')/2 = 555.80 SF required [Ordinance 2042] . Complies North Side 5.50' x .35' = 1.93 SF 41.00' x 2.10' = 86.10 SF 52.84' x 4.10' = 216.64 SF 16.50' x 6.43' = 106.10 SF 8.84' x 15.10 = 133.48 SF 544.25' x 10' = 5.442.5 cubic volume provided South Side 2.75' x .35' = .96 SF 46.92' x 2.10' = 98.53 SF 43.67' x 4.10' = 179.05 SF 16.50' x 6.43' = 106.10 SF 9.42' x 9.35' = 88.08 SF 4.42' x 15.10' = 66.74 SF 1.14' x 25.10' = 28.61 SF Total = 568.07 SF x 10' H = 5.680.7 cubic feet provided. North side: 3.33' x 124.9' = 415.9 SF 5 x (4' x 9') = 180.00 SF Total = 595.9 SF provided South side 101.92 x 3.33 = 339.39 SF 4 x (4.5' x 12.00') = 216 SF 4.00' x 2.0' = 8.00 SF Total = 563.39 SF provided ~H' \.;'-'31 . A minimum of two 24-inch box . Two 48-inch box Jacaranda trees shall be planted in requireo trees are proposed. front yard. [Ordinance 2042] . 50% of required front and side . 579.51 SF x 2 = yards shall be landscaped. 1,159.03 SF provided. 99.98' x 20' = 1,999.6 SF 1,999.6 SF / 2 = 999.8 SF. [SMMC 9.04.10.04.060(a)7 Unexcavated area in . 50% required front yard. . 498.5' x 2 = 997 SF yard areas 99.98' x 20' = 1,999.6 SF 2' x 4.67' = 9.34 SF 1,999.6 SF / 2 = 999.8 SF Total = 1,006.34 SF provided required to be unexcavated . 4' wide area along side yards. . 4' unexcavated area along 4' x 149.9 = 599.6 SF each side yard. [SMMC 9.04. 10.02. 170(a)(1) and (bJ1 Usable Private Open A minimum of 50 square feet per All units exceed 50 SF. All Space unit for projects with six or more calculations are taken from units. ground floor open space only. [Ordinance 2042] Unit 1 = 327.25 SF Unit 2 = 378.5 SF Units 3 thru 8 = 201 SF Unit 9 = 329.75 SF i Unit 10 = 165 SF Building Height . Vents, stacks, ducts, skylights . None proposed. Projections and steeples may project above maximum height limit by 5'. . Legally required parapet walls . Roof deck railings 1.75' and open work safety rails may above the 23' high maximum project 3.5'. for exterior walls, but does not exceed maximum height limit of 30'. . Stairwell enclosures (max. 4' x . 4' x 4' stairwell enclosures 4') may project 10' above the project 6.25' above 23' high roofline. Stairwell enclosures maximum height limit for may project 12' above the exterior walls, but does not roofline if a parapet is requirecl. exceed maximum height limit of 30'. [Ordinance 2042J i ?\ntt \;\.;32 . Chimneys may extend no more . Chimneys project 4.25' than 5' above maximum height above maximum height limit limit. The chimneys are attach~d or 34.25' above ANG. to pitched roof area with a maximum allowable height of 40'; therefore, chimneys may project up to 45' above ANG. [SMMC 9.04.10.02.030(c)(1)] Location and . Mechanical equipment may be . AlC units are screened by Screening of above the roofline if it is roof deck parapet wall. Mechanical screened. All mechanical Equipment equipment that extends more than 12-inches above the roof parapet shall be screened from view. Equipment shall be screened from a horizontal plane on all sides with an imp~ct resistant wall. [SMMC 9.04. 10.02. 140] . Mechanical enclosures above a . None proposed. roofline shall not be allowed without a variance, and shall n(>t exceed 12' above the maximum allowable height. [Ordinance 2042] i i Fences, Walls, and Walls, fences, and hedges I 6' to 8' high CMU walls . . Hedges located in the required front yard proposed along side and shall not exceed 42-inches in rear yards. 42-inch high height and walls, fences, and walls proposed within front hedges located in the required yard. side and rear yards shall not exceed 8' in height. [SMMC 9.04.10.02.080(a)(b)J Parking Access Access from alley is required. Access from 15th Court Alley. [SMMC 9.04. 10.08.080] Parking: Number of 2 parking spaces for each unit with 22 parking spaces provided Spaces 2 or more bedrooms, plus 1 visitor within semi-subterranean space for each 5 units. garage. ~~ UI...33 10 units x 2 = 20, plus 2 visitor space = 22 parking spaces [SMMC 9.04. 10.08.040] ! Refuse and Recycling For multi-family projects containing 5"W x 9'L x 6'H (outdoor Area 5 to 10 units shall provide a 5' in enclosure) adjacent to alley. width x 9' in length enclosure withia 8' high wall (or 6' if outdoors) [SMMC 9.04. 10.02. 151 (b)(3)] Hazardous Visual 5' from access & intersection point 5' clearance along driveway and Obstructions [SMMC 9.04. 10.02.090] alley intersection. F:\PLAN\SHARE\Council\STRPT\98CUP047.16thSt.2001.doc ~~ 0\.134 ,ATTACHMENT B Notice of Public Hearing ,~~ (ji..t35 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Environmental Impact Report 99-005, Conditional Use Permit 98-047 and Vesting Tentative Tract Map 52649 (99TM-002) for a Ten-Unit Condominium Located at 834-838 Sixteenth Street. APPLICANT: Norman Salter PROPERTY OWNER: Norman Salter A public hearing will be held by the City Council to consider the following request: The City Council will conduct a public hearing to consider applications for a Conditional Use Permit and Vesting Tentative Tract Map to permit the construction of a two-story, 13,995 square foot, 1 O-unit condominium with a 22-space subterranean parking garage. The City Council will also consider certification of the Final Environmental Impact Report that analyzes the environmental impacts of the proposed project. Adoption of a Statement of Overriding Consideration will also be required in order to approve the project. The project site is located on the west side of 16th Street between Montana and Idaho Avenues in the R2 (Low Density Multiple Residential) District." ,~ The Final EIR, which consists of the Draft EIR and the responses to comments received during the comment period on the DEIR, is available at the Main Library Reference Section, at the Office of the City Clerk, and at the City Planning Division Public Counter, Room 111 in City Hall. DATE/TIME: Tuesday, July 9,2002 at 6:45 p.m LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting. Address your letters to: City Clerk Re: 98CUP-047, TM 52649 (99TM-002), EIR 99-005 1685 Main Street, Room 102 Santa Monica, CA 90401 I MORE INFORMATION If you want more information about this project or wish to review the project file, ple~se contact Kimberly Christensen, AICP, Senior Planner at (310) 458-8341, or bye-mall at kimberly-christensen@santa-monica.org. The Zoning Ordinance is available at the ~~ :J:...36 Planning Counter during business hours and on the City's web site at www.santa- monica.orQ. 'Tf The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1,2, 3, 5, 7, 8, 9, and 10 serve City Hall. 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 described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPANOL Esto es una noticia de una audiencia publica para revisar applicaciones proponiendo desarrollo en Santa Monica. Si deseas mas informacion, favor de lIamar a Carmen Gutierrez en la Division de Planificacion al numero (310) 458-8341. APPROVED AS TO FORM F:\PLAN\SHARE\COU NCIL \NOTICES\98CUP047 .doc ~ ~ (; \.; 3 7 ,ATTACHMENT C Radius and Location Map Electronic version of attachment is not available for review. Document is available for review at the City Clerk's Office and the Libraries. ~* fh.38 m~~ Sl~n, lui $ r ~(,-)', .~., C~ _ \""-''/ . -./ l.t (_ . Pnono! I HEREBY CERTIFY, under p " of perjury, tnat to the best of my knOWle." the anached Rac.los Map correctly depicts the OwnerShip List correctly shows th ' SI names ana acaresses of t!"e property owners as or (aate). I furtner certify tnat to tM cest of my oWle'~ troe 'ist correc:'y ,ndliq'!tes tni u 'it nun)Oers and street addresses of the tenants wlthm the area as of \ \ ;::,c..-' -1~ ;ca:e) , / ._", ., \ I ~:! llu ( ~cl ;q .l-n;C(lfYJd f) } ('. i ".~_~_ r Typea Name ~ , ~'=/..\ \l ,~ c:-S+ AddreSc~f\ * \---ll.:,'l) ({i.- CA-. ~ L1 c,A[ (; -=::, ~'.--- ,./~. ( 695 ~,ii\!l'W:'''';,JI :1; '"I ~ ,~ !'IJ ~ I. '; r',"",~'~'~' " III ,II '": lit i'li@ [jj' "~ , """"'~: !IIi r I ,,"A_--L~. ,.' '., ~ !tlIIi iIJ ~' ~' .ATTACHMENT D Written Public Comments Electronic version of attachment is not available for review. Document is available for review at the City Clerk's Office and the Libraries. ;if., Cli40 CITY OF CITY PI June 19, 2002 '02 JUN 20 p ~ :23 828 16th Street #2 Santa Monica, CA 90403 City Planning Division 1685 Main Street, Rm. 212 Santa Monica,.LCA 90401 Attention: Jean Moore Re: The draft of the Environmental Impact Report for the proposed construction of a ten unit condominium at 834-838 16th Street. This Environmental Impact Report raises several concerns that should be addressed before approval is given. These concerns are in the order as detailed in the report. Page ES-13: Of the alternatives as to the number or units to be allowed, the 40% reduction to six units would be ideal. With six units instead of the ten proposed, the neighborhood will have less traffic, less noise, and less congestion, and the parking situation would be a little less jammed; it is now very bad on 16th Street with all the employees from Montana Avenue parking all day on this street. Santa Monica is becoming overcrowded with severe parking problems, overly busy streets; thus bringing on a lower quality of life. Even with a 40% reduction, this proposed project would still dwarf the other buildings on the block. The apartment building to the north of the proposed project has only the front unit that approximates 30 feet in height. The back five units are only 20 feet tall. Subsequently, these residents would be overwhelmed by the proposed projtfCts eight foot wall and then over thirty feet of building blocking light, blocking air circulation and invading privacy. Pages ES-4: Areas of Controversy and Issues to be Resolved. The height of the proposed building is still a very controversial issue. The city requires a 30' maximum height, but where the measurement begins is a major factor. This property has almost a 5% downhill grade; subsequently, the height measurement can vary. For example, the 834 property is artificially raised, since the original builders added soil to this property, making it much higher than the 838 property. Page 1-12 shows the proposed development overwhelming the condominium immediately south of the proposed project. The problem is that both proposed units show as being ofthe same height. The downhill slope of the street plus the improper measurements for height show this 838 unit to be much higher than the 30' limit. Something must be done to prevent this. The subterranean parking structure should be lowered to make the proposed project less imposing on the next door condominium. As the plans show, the 838 project will exceed the height limit, especially with the ground levels sharply different between the two properties (834 and 838 16th St.). . 0;1'41 ~.. ~ \ \,; -2- Page 2-11: Again the 30' height limit is mentioned. We are worried that variances will be given as too often it is done; otherwise the builders in Santa Monica would not present blue prints that exceed the limits. The more square footage a builder can build, the more money he can charge per unit. Do we want only affluent people to live in this city? Does the builder's quest for profits override the desire of the present residents for a quality of life? Page 4-1: Again you present alternatives. Again, we reiterate that a six unit development is ideal for this neighborhood. A proposed eight foot wall is planned to separate the property from the neighbors. This is not acceptable as that height would act like a prison wall and certainly would contribute to blocking the light and air circulation. A lower height must be made; compartmentalizing each piece of property is very poor for the neighborhood In addressing the traffic study, which does not even cover the 15th Street Court (alley between 15t1i and 16th Stret): this alley has a great deal of negatives as far as having a garage oulet for the parking structure. There are numerous trash and recycling containers all along the alley between Montana and Idaho Avenues. These are certainly obstacles along with the numerous cars parked along the way. Too often, drivers have lost their side view mirrors traversing this alley. With parking so difficult to find, delivery trucks, service vehicles, and other cars park along the sides temporarily or often the entire day. Subsequently this alley is like a "Dodgem Cars" ride at a fun zone. We know the city wishes to make use of the alley for the garage parking, but 16th Street is a unique street. It is much wider than any street in a residential area. There are already two driveways at 834 and 838 16th Street; thus no parking spaces will be lost by having the garaage entrance on 16th Street. With such a wide street, the safety issue is not a problem. In fact, a 16th Street entrance to the garage is much more practical. The alley exits at both Idaho and Montana are potentially very dangerous, with a sharp decline just before the sidewalks. Both exits are also somewhat blind, as the buildings are right up to the edge of the alley. A careless driver or pedestrian could wind up in a very serious situation. Check this out.. There should be no more garage outlets built in this alley. On the north; side of the 834 16th proposed project and about 100 feet from the front of the property is a large palm tree that is right at the wall separating the 828 property from the proposed 834 property. The removal of this tree will cause damage to the wall and to the walkway that the residents of 828 use to enter or exit their homes. Assurances are needed to protect the residents, as this walkway is the only way to their homes. There is an elderly woman in unit 4 that would have serious problems if the walkway would be unusable for even one day. .. 0{;42 -3- Thank you for the opportunity to comment on this development. Many other residents in the area have expressed their thoughts on this proposed development and concur with this letter. If you have any questions or further plans on this proposed development, please call 310-451-2093. ~~ 4~~ Frederick Fink Lila Fink ~it OG43 CONCERNED RESIDENTS COALITION 844 16TH STREET, #4 SJ!\NT A MONICA, CA 90403 (310) 394-8089/ (310) 393-0266 ~ June 21,2002 ~ N --' ~ City of Santa Monica City Planning Division 1685 Main Street Santa Monica, CA 90401-3295 a \Q A TIN: Kim Christiansen To Whom It May Concern: Enclosed find our response to the draft Environmental Impact Report on the proposed Ten-Unit Condominium Project at 834-838 16th Street, Santa Monica. We submit this response with the understanding that.it will be reviewed by the City Planning Division, the Santa Monica City Council, and the Landmarks Commission, as well as by any other bodies and decision-makers concerned with this project. I~ additional materials or duplicates are required, please advise us. The response represents the collective views of theiresidents in the neighborhood in which the project is planned. Additional materials will be fOlV(arded to you regarding this matter before the next scheduled City Council discussion of the project. Thank you for your assistance in making this information available as necessary. I~~YO~' Robert Bell ~~ Rebecca Novelli Ene!. (1) - <J~ _--I --I --< -<0 .<:;1 j"". r-- :;;; ~... t<l4t! CONCEFtNED RESIDENTS COALITION FIESPONSE TO DRAFT ENVIRONMENTAL IMPACT REPORT ON A PROPOSED TEN-UNIT CONDOMINIUM PROJECT ,834-838 16TH STREET SANTA MONICA, CALIFORNIA JUNE 21, 2002 CONCERNED RESIDENTS COALITION 84416TH STREET, #4 SANTA MONICA, CA 90403 ~iIII OlJ45 TABLE OF CONTENTS OVERVIEW 1 TRAFFIC, CIRCULATION J!~ND PARKING 2 1. Alley Access during and after Construction 3 Exhibit 1: 15th StrE!et Court Allev 4 Exhibit 2: Current Parking and Access on 15th Stn:!et Court Alley I 6 2. Parking 7 Exhibit 3: Crowded parking on 16th Street 9 Recommendations 12 AESTHETICS/SHADE AND SHADOW 13 1. Important areas n,ot considered in draft report 13 Exhibit 4: 800 Blclck of 16th Street 14-15 2. Disproportionate size of proposed condominium Development 16 Exhibit 5: Property line and garden area at 844 16th Street 17-18 Exhibit 6: Balcony security and privacy for Unit 6 at 844 16th Street 21 3. Shade and Shadc)ws 22 \If. C',,46 4. Privacy 22 5. Glare 23 6. Landscaping adjlacent to the project 23 Exhibit 7: Trees em property lines at 828 and 844 16th Street ':;;1 24 Recommendations 25 HISTORIC RESOURCES 26 Recommendations 26 CONSTRUCTION 27 Exhibit 8: Failure to maintain property 29 Recommendations 30 NEIGHBORHOOD EFFECTS 31 Recommendations 31 Appendix A: Memo from Maureen E. Hosier, Ph.D~ 32 Appendix B: City of Santa Monica Preferential Parking Citizen Handbook 33 bilWj OL47 .~ CONCERNED RESIDENTS COALITION 844 16TH STREET, #4 SANTA MONICA, CA 90403 JUNE 21, 2002 TO: THE CITY OF SANTA MONICA, SANTA MONICA CITY COUNCIL, SiANT A MONICA LANDMARKS COMMISSION ill' FROM: CONCERNED RESIDENTS COALITION RE: RESPONSE TO DRAFT EIR FOR PROJECT AT 834- 838 16TH ST. I OVERVIEW The draft of the Environmental Impact Report for the Ten-Unit Condominium Project at 834-383 16th St., Santa Monica, dated May 2002, and prepared by CottonlBridges Associates details the impacts of the proposed project on the following areas: . Traffic and Circulation . Aesthetics/Shade and Shadow . Historic Resources 1 ~~ OL48 . Construction . Neighborhood Effects The effects described in the above-narned report were determine largely on the basis of existing formulas. Reliance on such standard formulas, however, overlooks the existing living and working patterns of the residents of the neighborhood. Thus, in several important instances, the report fails to identify and :analyze some very real environmental issues and problems that would be created by the proposed project. The following response to the draft report identifies and describes the latter issues and problems in accordance with the categories listed above and in the draft report. More accurate photographs and a discussion of their significanct1 is also provided for the benefit of city planners and others concerned with the proj~ct in the hope that decision makers can better address the project's potential adverse outcomes for the neighborhood in which it is planned. TRAFFIC AND CIRCULATION We believe that the draft EIR understates the traffic impact, though it appears to , . rely on accepted formulas for such calculations. The analY$is focuses only on traffic at nearby intersections, but does not mention-much less adQress-the more pressing issues of alley access and parking. 2 """ n~49 1 Alley Access during and after Construction The north-south passage between 15th and 16th street i~ misleadingly termed "15th Street Court alley" and a "two-way" street in the draft EIR In fact, it is a 21' 4" wide alley with a drivable width of 13' 6" between City trash and recycling receptacles. When it was re-paved after the recent condominium construction! on 15th street, the name change ensued. It remains a narrow alley-not a street with all the amenities implied by the term "15th Street Court." It will suffer significant damage from (l;onstruction equipment if the proposed project goes forward. We understand that the builder will bear the costs of repairing the alley and any construction damage to affected private property. As the photographs on page 2-10 of the draft EIR demonstrate, the 15th Street Court alley is very narrow and obstructed by cars and city-owned trash/recycling containers. Photo number 7, page 2-10 shows the back of the proposed site as it looks currently. Note that the outside walls of existing developm~nts on both sides of the alley are set on the respective property lines and, in many cases, there are no setbacks from the alley. The alley is already heavily used. Exhibit 1, page 4 below provides additional evidence of the current situation. Approximately 51 residents park in carports that open on the alley. In addition, at least three subterranean garages open onto the alley; these numbers are not included in the 51 above. Carport users back out and enter around the twenty-seven Santa 3 hUW I,. VS 0