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SR-402-002 (20) ~ . 1/ tJZ:- 007- . iN ~ ;fl .Ir.'~ -e"r-- . ,r '-' .J.v Monica, California ">~-> 0-""" '- -,J- v~ "\ CjED:PB:DKW:WW:ww PCjcccup61 Council Mtg: January 9, 1990 Santa TO: Mayor and City Council FROM: city staff SUBJECT: Appeal of Planning Commission Condition of Approval for Conditional Use Permit 89-061 that Requires- the provision of Vehicle Access From a Rear 20 Foot Wide Alley Instead of From Eighteenth street as Shown on Proposed Plans. Appl icant: Tony Daghighian. Appellant: Gregory Bloomfield (Project Architect). INTRODUCTION This report recommends that the City Council deny the appeal and uphold the Planning Commission approval of Conditional Use Permit 89-061 subj ect to a condition that requires the relocation of vehicle access from Eighteenth street to the rear of the site. On October 18, 1989, the Planning Commission voted 6-0 to approve the project and imposed a special condition that required relocation of vehicle access from Eighteenth street to the rear of the site. (See Exhibit "A"). On October 31, 1989, Gregory Bloomfield, the project architect, representing Tony Daghighian, the applicant, appealed the Planning Commission action. (See Exhibit "B"). BACKGROUND The applicant/appellant proposes the demolition of a single family residence to permit development of a two story plus mezzanine level, five unit, 7900 square foot condominium, constructed over a subterranean parking garage on the R2 - 1 - {Low I J. -A n 1r.V''i- UM.' v- -AN ,j r ""an J! . 1 n !Ll . . . ~ .~ Density Multiple Residential) District parcel. The property owner previously filed a declaration for permanent exemption for a single family dwelling under Rent Control provisions and is not subject to further Rent Control Board removal procedures. site plans indicate five two-bedroom units constructed over an eleven space subterranean parking garage. A total of eleven parking spaces that include ten (10) residential unit parking spaces plus one (1) guest parking space are accessed from Eighteenth street. On October 18, 1989, the Planning commission on a 6-0 vote, ap- proved the project sUbject to a condition that required the relocation of the parking driveway aisle from Eighteenth street to the rear of the site, accessed from a 20 foot wide alley. On October 31, 1989, Gregory Bloomfield, the project architect, representing Tony Daghighian, the applicant, appealed the Plan- ning Commission action indicating that: 1) Planning staff sup- ported driveway access from the front of the site; 2) that a ramp at the alley will greatly reduce usable open space; 3) that a ramp at the rear is less safe than a ramp at the front; and 4) that a form of hardship exists in that properties with no slope or a slope in the opposite direction may provide a ramp from the alley with much less of open space. (See Exhibit "B"). The appeal application refers to the Conditional Use Permit and Tentative Tract Map applications. However, the ten (10) day ap- peal period for the Vesting Tentative Tract Map closed on October - 2 - . . ". 28, 1989 and therefore the appeal pertains to the Conditional Use Permit only. ANALYSIS Land Use Element Policy section 3.4.7 provides that in multiple family residential districts the City shall: ...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. Section 9044.8 of the City of Santa Monica Zoning Ordinance pro- vides that in mUlti-family residential districts: (a) No new curb cuts for purposes of providing street ac- cess to on-site parking spaces shall be permitted except where a project site meets at least of the following conditions: (1) The site has no adjacent side or rear alley having a minimum right-of-way of l5 feet. (2) The topography or configuration of this site or placement of buildings on the site precludes reasonable alley access to a sufficient number of parking spaces to the extent that use of the property is restricted beyond otherwise applicable Development Standards. (b) If curb cuts are necessary, curb cut widths shall be kept to the minimum width required. The General Plan and Zoning Code requirements regarding rear alley vehicle access specify the conditions which must exist in order to approve vehicle access from the front of a site. The appellant has not demonstrated that these conditions exist for the 7500 square foot development site. OVerall, the 50' X 150' residentially zoned parcel contains a flat and even surface, similar to surrounding R2 parcels. Many of the surrounding R2 - 3 - . . parcels have been developed with similar five unit condominium buildings that provide rear alley access. The site does not contain a substantial slope or uneven surface topography that would prevent development of on-site parking and parking garage access from the rear of the site. The Planning Commission determined that the rectangular lot shape and 7,500 square foot lot size did not restrict development of the five unit condominium and eleven required parking spaces. The appellant states that requiring parking access from the rear 20 foot wide alley will "greatly reduce usable open space.Jl The General Plan and Zoning Code requirements pertaining to alley access in the residential districts do not unreasonably preclude development of five dwelling units on the 50 I X 150 I parcel. The need to provide street access appears to be based upon a desire to increase the sizes of units or to provide unit and guest parking spaces in the subterranean parking garage. By pro- viding the one required guest parking space at grade, adjacent to the rear unit, the length of the garage ramp could be reduced to access the remaining ten (10) parking spaces. Additional usable open space can be provided by reducing the size of individual units. There appear to be several development alternatives available to the project architect, which would allow compliance with established General Plan and Zoning Code requirements. The Plannning staff agreed to support front access to the site after Parking and Traffic Division staff determined the location and access to the parking garage were adequate for the site and would not adversely affect street parking and traffic. - 4 - . . During the October 18, 1989 public hearing, the Planning Commis- sion expressed concern regarding the Zoning Administrator's determination that front street access should be approved for the five unit condominium. The Commission indicated that special or unusual circumstances did not pertain to the site, to warrant approval of front street access and that the Zoning Administrator determination should be reversed. The Commission voted unani- mously to require alley access to the site. (See Exhibit "C"). The General Plan and Zoning Code requirements regarding alley access are intended to promote uninterrupted streetscape and front yard setbacks in the residential neighborhood and to in- crease safety for school children and other pedestrians. Council approval of the street access could result in future elimination of streetscape and front yard landscaping in the residential neighborhood and increase the potential for impacts between motorists and pedestrians. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the Council deny the appeal and uphold the Planning commissionts action on CUP 89-061 subject to the findings and conditions provided in the October 18, 1989 Planning commission statement of Official Action. - 5 - . . Prepared by: Paul Berlant, Director of Planning D. Kenyon Webster, Principal Planner Wanda Williams, Associate Planner Planning Division Community and Economic Development Department ATTACHMENTS: Exhibit A- Planning Commission Staff Report, statement of Official Action Exhibit B- Appeal Application Exhibit C- Planning Commission Minutes WW:ww PC/cccup61 01/03/90 - 6 - . . STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: CUP 89-061, VTTM 47698 LOCATION: 1533 18th street APPLICANT: Tony Daghighian REQUEST: Conditional Use Permit 89-061, Vesting Tentative Tract Map 47698 to construct a five unit, two story condominium subdivision on a 7500 square foot parcel located in the R2 (Low Density Multi- ple Family Residential) District. PLANNING COMMISSION ACTION 10/l8/89 Date. x Approved project based on the following findings and subject to the conditions below. Denied. Other. FINDINGS TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, together with its prOV1S1on for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica in that the subject proposal complies with all Planning and Zoning requirements relating to building height, setback and density. 2. The site is physically suitable for the proposed type of development in that all applicable setback and lot coverage requirements can be met, and required parking can be accommodated on-site. 3. The site is physically suitable for the proposed density of development in that parking, setback and lot coverage requirements can be met. 4. 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 - 1 - . . habitat in that the site is located in an urban environment. 5. The design of the subdivision or the type of improvement will not cause serious public health problems in that all public utilities are available. 6. 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 in that the City Engineer has approved the tentative subdivision map, and taken into account required easements and dedications. 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 all required setbacks, lot coverage, building height and parking requirements are met. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the area is mUlti-family in nature, and the proposed condominium will provide a reasonable transition from an older single family residence to a new condominium. The subject parcel is physically land use being proposed, in that can be provided on-site, and provided. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the existing residential use lo- cated on the site will be removed, and a mUlti-family residence will be constructed in its place. suitable for the type of it is level, all parking adequate open space is 3. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the proposed use will conform to the mUlti-family uses which dominate the adjacent R2 zoned neighborhood. 6. 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 all utilities are available. 7 . Publ ic access to the proposed use shall be adequate, in that alley access is proposed and all required parking is provided on-site. - 2 - . . 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the area is characterized by 1-2 story mUlti-family residences surrounded by more intense commercial and industrial uses and the proposed 2 story building will maintain that type of development. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the R2 Zoning standards permit a density similar to what is proposed. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that all public utilities are available, and required building and safety requirements will be enforced in the construction of the building, II. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the area is zoned for multi-family residential construction, and the SUbject proposal conforms in height and density to the R2 zoning District. SPECIAL CONDITIONS 1. The Architectural Review Board shall give special consid- eration to 1) the scale and mass of the building, 2) the location and style of window and door openings, and 3) the amount of articulation provided on north and south build- ing elevations. 2. Prior to submittal of plans for Architectural Review Board approval, the location of the subterranean garage driveway ramp shall be relocated to show vehicle access off of the rear abutting 20 foot wide alley. There shall be no vehi- cle access shown off of Eighteenth street. CONDITIONS Plans 1. This approval is for those plans dated 10/04/89 a copy of which shall be maintained in the files of the City Plan- ning 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 Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the city of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. - 3 - . . 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 5. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 6. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenitiesi scale and articulation of design ele- ments; exterior colors, textures and materials; window treatment; glazing; and landscaping. Fees 7. The City is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establ ishing mitigation requirements, incl uding one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the City. This ordinance may require that the owner of the proposed proj ect pay such new development fees, and that employers within the project pay such new annual em- ployer fees related to the City'S Transportation Manage- ment Plan. 8. 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 unites) on the subject lot, per and subject to the provisions of Section 6670 et seg. of the Santa Monica Municipal Code. Demolition 9. Until such time as the demolition is undertaken, and un- less the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveil- lance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscap- ing material remaining shall be watered and maintained until demolition occurs. 10. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance l242 ( CCS) . - 4 - . . 11. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 12. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. Construction 13 . Unless otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 14. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. l5. Vehicles haul ing dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. 16. 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. 17. A construction period mitigation plan shall be prepared by the appl icant for approval by the Department of General Services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors 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 side- walk is proposed to be used in conjunction with construc- tion; 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 dewater- ing and its effect on any adjacent buildings; 8) Describe anticipated contruction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; - 5 - , . . 10) state whether any construction activity beyond normal- ly permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe con- struction-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: l5) List a designated on-site construction manager. lB. A sign shall be posted on the property in a manner consis- tent 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. 19. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 20. Ultra-low flow plumbing fixtures are required on all new development and remOdeling where plumbing is to be added. (Maximum l.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) Miscellaneous Conditions 21. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 22. 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 to determine the sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 23. Landscaping plans shall comply with SUbchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 24. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9040.13- 9040.15. Refuse areas shall be of a size adequate to meet - 6 - . . on-site need, including recycling. The Architectural Re- view Board in its review shall pay particular attention to the screening of such areas and equipment. 25. 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. 26. No gas or electric meters shall be located within the re- quired front yard setback area. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 27. Any lofts or mezzanines shall not exceed 99 square feet unless appropriate required parking is supplied. Such areas shall also not exceed 33.3% of the room below unless compliance with the district's limits on number of stories can be maintained. Validity of Permits 28. The conditional use permit shall be of no further force or effect if the Tentative Map expires prior to approval of a Final Map for said tract. 29. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 30. Within ten days of 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 Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 31. This determination shall not become effective for a period of fourteen days from the date of determination, or, if appealed, until a final determination is made on the ap- peal. Any appeal must be made in the form required by the Zoning Administrator. TENTATIVE PARCEL/TRACT MAP CONDITIONS 32. All off site improvements required by the City Engineer shall be installed. Plans and specifications for off site - 7 - . . improvements shall be prepared by a registered civil en- gineer and approved by the city Engineer. 33. 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. 34. 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. 35. 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. 36. Prior to approval of the final map, Condominium Associa- tion By-Laws (if applicable) and a Declaration of CC & R's shall be reviewed and approved by the City Attorney. The CC & R' s shall contain a non-discrimination clause as presented in Section 9392 (SMMC) and in the case of con- dominiums, contain such provisions as are required by Sec- tion 9122E (SMMC). 37. 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 seq. of the Santa Monica Municipal code. 38. 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. The required Final Map filing fee shall be paid prior to scheduling of the Final Map for city Council approval. 39. 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. 40. Pursuant to section 9366 (SMMC), if the subdivider or any interested person disagrees with any action by the Planning Commission with respect to the tentative map, 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. INCLUSIONARY UNIT CONDITIONS - 8 - . . . . : 41. 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 affordable unit (5) is (are) provided and main- tained over time and through subsequent sales of the prop- erty. An affordable unit shall be defined as being af- fordable to households with incomes not exceeding 100% of the (RUD) Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the unites) available to eligible tenants and 2) responsibili- ties of the City of Santa Monica to prepare application forms for potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. Owner shall provide the city Planning Division with a conformed copy of the recorded agreement prior to approval of the Final Map. This provision is intended to satisfy the inclusionary housing requirements of program l2 of the Housing Element of the General Plan of the City of Santa Monica ("Program 12") . Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with Ordinance 1448 (CCS), which provides implementation standards for Program 12. VOTE Ayes: Kaufman, Lambert, Nelson, Mechur, Pyne, Rosenstein Nays: Abstain: Absent: Farivar NOTICE If this is a final decision not subject to further appeal under the City of santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of civil Procedure section 1094.6, which provision has been adopted by the city pursuant to Municipal Code Section 1400. This does not supersede Public Resources Code section 21167, which governs the time within which - 9 - I .,& . . .. I judicial review of the City I S acts or decisions in connection with the California Environmental Quality Act must be sought. r hereby certify that this statement of officia1 Action accurate- ly reflects the final determination of the Planning Commission of the City of Santa ~on1ca. / /' Ci~~/~- "nh /2~// L,,4-'~~.~~#. &~/r print name and title ~ I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall . constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title PCjxcup61 WW:ww 11/21/89 - 10 - ~ ,~ " &. ~-~ . 'f 1 .. . I-el i ~ t ~A(( ~X11~Jt .9 ---- CITY PLANNING DIVISION and Economic Development Department community MEMORANDUM DATE: October 18, 1989 TO: The Honorable Planning commission FROM: Planning staff SUBJECT: CUP 89-06l, VTTM 47698 Address: l533 18th street Applicant:Tony Daghighian SUMMARY Action: Conditional Use Permit 89-061, Vesting Tentative Tract Map 47698 to construct a five unit, two story condominium sub- division on a 7500 square foot parcel located in the R2 (Low Den- sity Multiple Family Residential) District. Recommendation: Approval Subject to Conditions. SITE LOCATION AND DESCRIPTION The subject property consists of a rectangular shaped 7S00 square foot parcel of land located on the east side of Eighteenth Street between Broadway and Colorado Avenue in the R2 (Low Density Mul- tiple Family Residential) District. The site contains a single family residence that will be demolished to permit project development. The surrounding land uses and zoning consist of one and two story multiple family residential units (R2) located north, south, east and west of the site. A mixture of commercial rental and nursery school uses are located along Broadway and Colorado Avenue, approximately ISO feet to the north and south. Zoning Districts: R2 (Low Density Multiple Residential) District Land Use Districts: Low Density Multiple Family Parcel Area: 7500 sq.ft., SO' X 150' PROPOSED PROJECT The proposed project consists of the demolition of the single family residence to permit development of a two story plus mez- zanine level, five unit, 7900 square foot condominium, construct- ed over a subterranean parking garage. The property owner pre- viously filed a declaration for permanent exemption for a single family dwelling under Rent Control provisions. - 1 - . . site plans indicate five two-bedroom units constructed over an eleven space subterranean parking garage. A total of eleven parking spaces that include 10 residential unit parking spaces pIus one guest parking space are accessed from Eighteenth street. The five two-bedroom units contain a 99 square foot mezzanine level family room that is exempt from, parking calculations per SMMC Section 9044.1 which requires additional parking spaces for family rooms, dens or similar rooms that contain at least lOO square feet in area. Fifty percent (SO%) lot coverage is provided. Setback and land- scaping location requirements have been complied with. There are no roof decks shown on the condominium plans. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A. CEQA STATUS The proposed project is Categorically Exempt per City of Santa MOnica Guidelines for the Implementation of CEQA; Class 1. RENT CONTROL STATUS A Declaration for Permanent Exemption for a Single Family Dwell- ing was filed in February 1989 for the single family residence. FEES The proposed five unit condominium is subject to a Recreation and Parks Facilities Tax of $200.00 per unit and a Condominium Tax of $1000.00 per saleable unit. ANALYSIS The five unit condominium development complies with underlying zoning and general plan requirements. The five unit density and two story plus mezzanine with 30 foot height shown are permitted in the R2 District. The building incorporates use of stucco exterior, wood frame doors and windows and metal guard rails. A special condition has been added to address the visual scale and mass of the two story plus mezzanine building. While a similar building design shown on a four unit condominium was approved by the Planning Commission on December 13, 1988 at 2824 Arizona Avenue, that project incorporated use of more extensive window treatment and articulation. The proposed condominium contains minimal articulation on south and north elevations and vertical window glass on east and west elevations. The building I s appearance and need for additional articulation were discussed with the project architect. The staff recommends that the Commission require special Architec- tural Review Board consideration of building design, location and - 2 - . . style of windows and greater articulation on north and south elevations. The staff believes the special condition will ensure a more sen- sitive building transition from the one and two story bungalows existing along Eighteenth street to a modern building design that is similar to buildings located at 1514 and 1537 Eighteenth street. The Eighteenth street vehicle access shown on site plans was pre- viously determined to be adequate for this site by the Zoning Administrator and Parking and Traffic Engineering Division. (See Exhibit A). Under SMMC Subchapter SE, the Zoning Administrator and City Parking and Traffic Engineer may approve street access to a residential project. The units can be accessed internally from individual subterranean parking garages. The developer has indicated that efforts will be made to relocate a small cluster of trees located at the front of the proposed driveway aisle. staff Report Condition No. l6 will also address the relocation of the trees on site. Conclusion The five unit condominium complies with the R2 development stan- dards and should appear compatible with surrounding multiple fam- ily units as conditioned. RECOMMENDATION It is respectfully recommended that the Planning commission ap- prove Vesting Tentative Tract Map 47698 and CUP 89-061, subject to the following findings and conditions: FINDINGS 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 subject proposal complies with all Planning and Zoning requirements relating to building height, setback and density. 2. The site is physically suitable for the proposed type of development in that all applicable setback and lot coverage requirements can be met, and required parking can be accommodated on-site. 3. The site is physically suitable for the proposed density of development in that parking, setback and lot coverage requirements can be met. 4. 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 - 3 - . . habitat in that the site is located in an urban environment. 5. The design of the subdivision or the type of improvement will not cause serious public health problems in that all public utilities are available. 6. 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 in that the city Engineer has approved the tentative subdivision map, and taken into account required easements and dedications. 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 all required setbacks, lot coverage, building height and parking requirements are met. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the area is mUlti-family in nature, and the proposed condominium will provide a reasonable transition from an older single family residence to a new condominium. 3. The SUbject parcel is physically suitable for the type of land use being proposed, in that it is level, all parking can be provided on-site, and adequate open space is provided. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the existing residential use lo- cated on the site will be removed, and a mUlti-family residence will be constructed in its place. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the proposed use will conform to the multi-family uses which dominate the adjacent R2 zoned neighborhood. 6. 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 all utilities are available. 7. Public access to the proposed use shall be adequate, in that alley access is proposed and all required parking is provided on-site. - 4 - . . 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the area is characterized by 1.-2 story mUlti-family residences surrounded by more intense commercial and industrial uses and the proposed 2 story building will maintain that type of development. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the R2 zoning standards permit a density similar to what is proposed. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that all public utilities are available, and required building and safety requirements will be enforced in the construction of the building, II. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the area is zoned for mUlti-family residential construction, and the subject proposal conforms in height and density to the R2 zoning District. SPECIAL CONDITION 1. The Architectural Review Board shall give special consid- eration to 1) the scale and mass of the building, 2) the location and style of window and door openings, and 3) the amount of articulation provided on north and south build- ing elevations. CONDITIONS Plans 1. This approval is for those plans dated 10/04/89 a copy of which shall be maintained in the files of the City Plan- ning 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 Chap- ter 1., Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the city of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. construction shall be in conformance wi th the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. - 5 - . . 5. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 6. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities~ scale and articulation of design ele- ments ~ exterior colors, textures and materials; window treatment; glazing; and landscaping. Fees 7. The City is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establ ishing mitigation requirements , including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the City. This ordinance may require that the owner of the proposed proj ect pay such new development fees, and that employers within the project pay such new annual em- ployer fees related to the City'S Transportation Manage- ment Plan. 8. 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 unites) on the subject lot, per and subject to the provisions of Section 6670 et seg. of the Santa Monica Municipal Code. Demolition 9. Until such time as the demolition is undertaken, and un- less the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveil- lance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscap- ing material remaining shall be watered and maintained until demolition occurs. 10. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 ( CCS) . II. 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. - 6 - . . l2. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. Construction 13. Unless otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 14. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. 15. 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. 16. 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. 17. A construction period mitigation plan shall be prepared by the appl icant for approval by the Department of General Services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors 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 side- walk is proposed to be used in conjunction with construc- tion; 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 dewater- ing and its effect on any adjacent buildings; 8) Describe anticipated contruction-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 normal- ly permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe con- struction-period security measures including any fencing, lighting, and security personnel; l3) Provide a drainage plan; 14) Provide a construction-period parking plan - 7 - . . which shall m~n1m~ze use of public streets for parking; l5) List a designated on-site construction manager. 18. A sign shall be posted on the property in a manner consis- tent 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. 19. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 20. 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.) Miscellaneous Conditions 21. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 22. 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 to determine the sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 23. Landscaping plans shall comply wi th Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 24. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9040.13- 9040.15. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Re- view Board in its review shall pay particular attention to the screening of such areas and equipment. 25. 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. - 8 - . . 26. No gas or electric meters shall be located within the re- quired front yard setback area. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 27. Any lofts or mezzanines shall not exceed 99 square feet unless appropriate required parking is supplied. Such areas shall also not exceed 33.3% of the room below unless compliance with the district's limits on number of stories can be maintained. Validity of Permits 28. The conditional use permit shall be of no further force or effect if the Tentative Map expires prior to approval of a Final Map for said tract. 29. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits/ licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 30. within ten days of 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 Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 31. This determination shall not become effective for a period of fourteen days from the date of determination, or, if appealed, until a final determination is made on the ap- peal. Any appeal must be made in the form required by the Zoning Administrator. TENTATIVE PARCEL/TRACT MAP CONDITIONS 32. 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. 33. 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. - 9 - . . . . 34. 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. 35. 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. 36. 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 I s shall contain a non-discrimination clause as presented in Section 9392 (SMMC) and in the case of con- dominiums, contain such provisions as are required by Sec- tion 9122E (SMMC). 37. 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 seq. of the Santa Monica Municipal Code. 38. 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. The required Final Map filing fee shall be paid prior to scheduling of the Final Map for City council approval. 39. 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. 40. Pursuant to Section 9366 (SMMC), if the subdivider or any interested person disagrees with any action by the Planning Commission with respect to the tentative map, 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. INCLUSIONARY UNIT CONDITIONS 41. The developer shal1 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 Recorderls Office as a part of the deed of the property to ensure - 10 - . . . . that one affordable unit (s) is (are) provided and main- tained over time and through subsequent sales of the prop- erty A An affordable unit shall be defined as being af- fordable to households with incomes not exceeding 100% of the (HUD) Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the unites) available to eligible tenants and 2) responsibili- ties of the City of Santa Monica to prepare application forms for potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. OWner shall provide the City Planning Division with a conformed copy of the recorded agreement prior to approval of the Final Map. This provision is intended to satisfy the inclusionary housing requirements of program 12 of the Housing Element of the General Plan of the city of Santa Monica (tlprogram 12 tI) A Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with Ordinance 1448 (CCS), which provides implementation standards for Program 12. Prepared by: Wanda Williams, Associate Planner PC/cup8961 WW:ww 10/03/89 - 11 - . .0 ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Land Use category Municipal Code Element Permitted Use 1 du/1500 sq. ft. same = 5 units Height 2 stories/30 ft. same Setbacks Front yard 20 ft. N/A N/A N/A sideyard 7 ft. Rearyard 15 ft. (Alley Center) Lot Coverage 50% Parking 11 spaces N/A N/A - 12 - . Project 1 du/1500 sq. ft. = 5 units 2 stories/30 ft. 20 ft. 7 ft. 15 ft. (Alley Center) 50% 11 spaces