SR-402-002 (22)
'/C2--00"Z
'2-B
C/ED:PB:DKW:WW
Council Mtg: December 13, 1988
DEe 1 3 1~g8
Santa Monica, California
TO: Mayor and city Council
FROM: city Staff
SUBJECT: Appeal of Planning Commission Condition of Approval for
Conditional Use Permit 535 and vesting Tentative Tract
Map 46363 that Requires the Revision of a Proposal
Filed Prior to Adoption of the Amended Zoning Ordinance
to Comply with the New Zoning Ordinance Development
Standards. Applicant: Behzad Kianmahd. Appellant:
Councilmember Herb Katz.
INTRODUCTION
This report recommends that the city Council modify the Planning
commission determination for Conditional Use Permit 535 and
Vesting Tentative Tract Map 46393, to permit the development of a
two story, six unit condominium located at 928 19th Street, under
the provisions of the zoning ordinance that was in effect on June
20, 1988, when the applications were filed.
On September 28, 1988, the Planning commission approved the
proposal subject to a special condition that required the
submittal of revised site plans that complied with the amended
comprehensive
zoning
ordinance
development
standards.
Councilmember Herb Katz has appealed the determination.
This report recommends council approval of the appeal, predicated
on the Council adopting a zoning ordinance text amendment
discussed by the Planning Commission on October 19, 1988 and
which is on the Council agenda for December 13, 1988 for first
reading.
The text amendment is intended to address vesting
- 1 -
12-B
lEe } .3 1~88-
tentative map applications filed prior to adoption of the new
zoning code, allowing them to proceed with development under the
old zoning code standards. (See Exhibit A) .
BACKGROUND
The applicant filed Vesting TTM 46363 and CUP 535 on June 20,
1988, prior to adoption of the amended zoning ordinance on July
26, 1988 and its effective date on September 8, 1988. At the
September 28, 1988 meeting, the Planning Commission determined
that while the proposal complied with the development standards
in effect at the time the application was filed, the proposal did
not comply with the new zoning ordinance in the following areas:
1. The new zoning ordinance permits a maximum 50% building
lot coverage in lieu of the 60% lot coverage permitted
under the former zoning ordinance.
2. The new zoning ordinance requires a minimum 20 foot front
yard building setback in lieu of the 18 foot front yard
setback on 1/2 of the front building facade permitted
under the former zoning ordinance.
3. The new zoning ordinance requires minimum 7' side yard
building setbacks in lieu of the 5'4" side yard setbacks
permitted on the rear 2/3 of a building under the former
zoning ordinance.
4. The new zoning ordinance requires a minimum 16 spaces for
6 two bedroom condominium units in lieu of 12 spaces
required under the former zoning ordinance.
The five commission members in attendance voted unanimously to
approve the proposal, subject to imposing a special condition
that required the applicant to submit revised site plans showing
compliance with the new zoning ordinance development standards.
The Commission took this action since it was not legally
authorized to waive the requirements of the new zoning ordinance.
- 2 -
(See Exhibit B) On October 7, 1988, Councilmember Katz appealed
the Planning Commission decision.
ANALYSIS
The developer, in good faith reliance, incurred the expenses
associated with investing funds, purchasing land, acquiring
architectural, engineering drawings and site planning costs for
the purpose and intent of completing the six unit condominium
development. As explained in the staff report concerning the
proposed text amendment, this developer and several others
designed their proj ects to the standards of the then-existing
Zoning Ordinance based on the understanding that the new
Ordinance would "grandfather" them, pursuant to representations
by Planning Division staff.
For these reasons, the Planning commission approved a text
amendment to address the situation of this proposal and several
other pending applications. The text amendment is before the
Council for action as a separate agenda item.
The project as proposed conforms to the previous zoning ordinance
and merits approval based on the findings presented in the final
section of this report. Therefore, if Council approves the
ordinance to allow "grandfathering in" of certain applications
such as this one, then staff recommends that the proj ect be
approved as submitted and not be required to redesign to meet the
current zoning code. Such a redesign would represent maj or
design changes.
- 3 -
COUNCIL AUTHORITY
Under the provisions of Section 9132.1, once an appeal is filed,
the City council may take action on all determinations,
interpretations, decision, judgments or similar actions taken
which were in the purview of the Planning Commission on the
applications or project and is not limited to the original reason
stated for the appeal.
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 uphold the appeal
and modify the determination of the Planning Commission to permit
construction of the six unit condominium under the provisions of
the zoning ordinance that was in effect when the application was
filed on June 20, 1988 subject to the Council's approval of an
ordinance creating the text amendment addressing the code
changes.
This approval shall not be valid until the effective
date of the ordinance relating to this issue.
Prepared by: Wanda Williams, Associate Planner
D. Kenyon Webster, Senior Planner
Paul Berlant, Director of Planning
Attachments: Exhibit A- October 7, 1988 Appeal Letter
Exhibit B- September 28, 1988 Planning Commission
statement of Official Action
Exhibit C- September IS, 1988 City Attorney
Memorandum Opinion Number 88-21
Exhibit D- November 2l, 1988 Architectural Review
Board Courtesy Review Action Statement
- 4 -
WW:ww
PC/CCCUp535
11/21/88
- 5 -
J...,Jt:C8V \ Da<. I::>
--
SANTA ~~,QNI CA
HERBERT KATZ
Mayor Pro Tempore
1685 Mai8stJOOI, si'nt<PllIlqplca, CalIfornIa 90401
(213) 458-820], CouncIl Office
(213) 4.50-3313, Home
Exh,bit ./ A I}
October 7, 1988
Planning Department
City Hall
1685 Main street
Santa Monica, CA 90401
I hereby appeal the decision of the Planning Commission at its
September 28, 1988 meeting regarding the following projects:
- 2824 Arizona Avenue, CUP 533, Vesting Tentative Parcel Map 19937
- 928 19th street, CUP 535, Vest1ng TTM 46393
Herb Katz
1I~'95
f~h,b.tt "ts"
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: TTM 46393, CUP 535
LOCATION: 928 19th Street
APPLICANT: Behzad Kianmahd
REQUEST: Vesting Tentative Tract Map 46393, Conditional
Use Permit 535, To Permit the Development of a
Two story with Intermediate Mezzanine Thirty
(30) Foot High, six (6) unit Condominium Con-
structed Over Twelve (l2) Subterranean Level
Parking Spaces in the R2 (Residential Multiple
Family) District.
PLANNING COMMISSION ACTION
09/28/88
X
Date.
Approved based on the following findings and
subject to the conditions below.
Denied.
other.
CONDITIONAL USE PERMIT FINDING
1. The proposed use and location are in accordance with good
zoning practice, in the public interest and necessary that
substantial justice be done in that the two stories plus
mezzanine level building will be compatible with surround-
ing land uses that are characterized primarily by newer
two story apartment development and in that the site can
adequately accommodate the necessary parking and comply
with the lot coverage provisions, setback requirements and
other R2 standards outlined in the new zoning code.
VESTING TENTATIVE TRACT MAP FINDINGS
1. The proposed sUbdivision, together with its prov1s1on for
building redesign and improvements, will be consistent
with applicable general plans as adopted by the City of
Santa Monica.
- I -
2. The site is physically suitable for the proposed type of
development in that the project is an in-fill of urban
land adequately served by existing infrastructure and
having no significant physical site characteristics pre-
cluding the proposed development. The site is physically
suitable for the proposed density of development.
3. The design of the subdivision or the proposed improvements
will not cause substantial environmental damage or sub-
stantially and avoidably injure fish or wildlife or their
habitat.
4. The design of the subdivision or the type of improvement
will not cause serious public health problems.
5. The design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public
at large, for access through, or use of, property within
the proposed subdivision.
6. The design of the subdivision does not preclude future
passive or natural heating or cooling opportunities.
SPECIAL CONDITIONAL USE PERMIT CONDITIONS
1. That revised site plans showing a 50% building foot print
lot coverage amount, minimum 20 foot front yard and 7 foot
side yard setbacks and minimum required resident and guest
parking spaces shall be reviewed by the Planning Commis-
sion, prior to submittal of plans to the Architectural
Review Board. Said plans shall also show either a) a
reduction in building height or b) an increase in front
and side building articulation above the second level of
development.
2. 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 at seq.
of the Santa Monica Municipal Code.
STANDARD CONDITIONAL USE PERMIT CONDITIONS
1. Plans for final design, landscaping, screening, trash en-
closures and signage shall be subj ect to review and ap-
proval by the Architectural Review Board.
2. 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 substantial conformance
with the plans submitted or as modified by the Planning
Commission, Architectural Review Board or Director of
Planning.
- 2 -
3. The Conditional Use Permit shall be of no further force or
effect if Tentative Tract Map 46393 expires prior to ap-
proval of a final map for said tract.
4. The rights granted herein shall be effective only when
exercised within a period of one year from the effective
date of approval. No extension of the permit may be
granted.
S. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
6. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
7. Refuse areas, storage areas and mechanical equipment shall
be screened in accordance with Sec. 9127J. 2-4 (SMMC).
Refuse areas shall be of a size adequate to meet on-site
need.
8. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
9. Project design shall comply with the building energy reg-
ulations set forth in the California Administrative Code,
Title 24, Part 2, (Energy Conservation standards for New
Residential Buildings), such conformance to be verified by
the Building and Safety Division prior to issuance of a
Building Permit.
10. Natural light shall be provided in at least one bathroom
in each dwelling unit.
11. 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.
12. 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.
13. Any outdoor lighting shall be shielded and/or directed
away from adjacent residential properties, with any such
lighting not to exceed 0.5 foot candles of illumination
beyond the perimeter of the subject property.
- 3 -
14. This determination shall not become effective for a period
of ten days from the date of determination for the tenta-
tive tract map and twenty days from the date of determina-
tion for the conditional use permit, or if appealed, until
a final determination is made on the appeal.
15. Ultra-low flow plumbing fixtures shall be utilized
throughout the proj ect , as required by the Director of
General Services.
VESTING TENTATIVE TRACT MAP CONDITIONS
l. 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.
2. 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. .
3. 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.
4. The developer shall provide the Engineering Department of
the City of Santa Monica with one Dizal Cloth print
reproduction and microfilm of each sheet of the final map
after recordation.
5. Prior to approval of the final map, 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 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).
6. 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.
7. 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.
- 4 -
8. 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.
9. 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.
INCLUSIONARY UNIT CONDITIONS
12. 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 (l) affordable unit is provided and maintained
over time and through subsequent sales of the property.
An affordable unit shall be defined as being affordable to
households with incomes not exceeding 100% of the (HUD)
Los Angeles County median income, expending not over 25%
of monthly income on housing costs, as specified by the
Housing Division of the Department of Community and
Economic Development.
This agreement shall be executed and recorded prior to
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.
This provision is intended to satisfy the inclusionary
housing requirements of Program 12 of the Housing Element
of the General Plan of the City of Santa Monica ("Program
12") . Developer may satisfy the obligations created by
this Agreement by demonstrating to the Director of Plan-
ning compliance with any ordinance or resolution adopted
by the City within two years from the effective date of
this approval, which is intended to provide an alternative
method for compliance with Program 12. An alternative
method may be, but is not limited to, the payment of a fee
in-lieu of providing an Affordable Unit.
- 5 -
VOTE
Ayes:
Nays:
Abstain:
Absent:
Vacancy:
Hecht, Nelson, Lambert, Mechur, Pyne
Farivar
One
I hereby certify that this statement of
accurately reflects the final determination
Commission of t city of Santa Monica.
Official Action
of the Planninq
PC/stcup535
WW
09/30/88
" d./?l ? ~
6?~~::'/~~ M~ i!~cQ/ /9?f
signature ~~., date'
,1),,_-,,/,/ .1..,,,,,'.. AJe/so_ {i3.,{ <u;-
print name and title r
?
.~
- 6 -
DATE
MEMORANDUM OPINION NUMBER 88-21
Exh; bit IJ ell
September 15, 1988
FROM:
Peggy CUrran, Director of CEO
Paul Berlant, Director of Planning
Bill Rome, Building Officer
Robert M. Myers, city Attorney
Laurie Lieberman, Deputy city Attorney
Development Permit Applications Filed and
Approvals Obtained Prior to the Effective
Date of the New Zoning Ordinance
TO:
SUBJECT:
Questions have been raised by Planning Division staff and
several affected members of the public regarding the standards
applicable to applications which were filed with the Planning
Division prior to the effective date of the new Zoning Ordinance
but which have not yet been considered by the Planning
commission. In addition, questions have been raised regarding
the vested rights provisions of the Zoning Ordinance and their
applicability to projects that received Planning Commission
approvals or administrative approvals prior to the effective date
of the Zoning Ordinance but which do not yet have building
permits. This Memorandum Opinion addresses these questions.
r. Vestinq Tentative Maps and Other Development Permit
Applications Filed Prior to Effective Date of the Zonins
Ordinance But Not Approved Administratively or by the Planning
commission Prior to That Date.
with regard to vesting tentative maps, santa Monica
Municipal code section 9325 states 1n relevant part:
(e) The approval or conditional
approval of a vestinq tentative map shall
confer a vested riqht to proceed with
development in substantial compliance with
those ordinances, pOlicies, and standards
in effect as of the date the application
for a vestinq tentative map is determined
to be complete, or as otherwise permitted
by Government Code Section 66474.2. If
Government Code Section 66474.2 is
repealed, the approval or conditional
approval of a vesting tentative map shall
confer a vested right to proceed with
development in substantial compliance with
the ordinances, policies, and standards in
effect at the time the vestinq tentative
- 1 -
<,
map is approved or conditionally approved.
Approval of a vesting tentative map shall
in no way limit or diminish the authority
of the City to deny or impose reasonable
conditions in conjunction with subsequent
approvals relating to the project provided
the City applies those ordinances,
policies and standards in effect at the
time of approval of the vestinq tentative
map. (Emphasis added.)
California Government Code Section 66474.2 states in
relevant part:
Section 66464.2. In determining
whether to approve or disapprove an
application for a tentative map, the local
agency shall apply only those ordinances,
policies, and standards in effect at the
date the local agency has determined that
the application is complete pursuant to
section 65943 of the Government Code.
However, if the local agency has formal~
initiated proceedings by way of ordinance
or resolution and published notice of such
ordinance or resolution, in accord with
the procedures used by the local agency
for publlcation of ordinances, to amend
applicable general or specific plans, oi
zoninq or subdivision ordinances before it
has received the complete application, the
local agency may apply any ordinances;
policies, or standards enacted or
instituted as a result of those
proceedings which are in effect on the
date the local agency approves or
disapproves the tentative map. If the
subdivision applicant requests changes in
appl icable ordinances, policies or
standards in connection with the same
development project, any ordinances,
policies or standards adopted pursuant to
the applicant's request shall apply.
(Emphasis added.)
The new Zoning Ordinance was adopted after formal
initiation of proceedings in accordance with the procedures used
by the City for adoption of the zoning ordinances. Therefore,
pursuant to Government Code Section 66474.2, the City had the
option to apply the new Zoning ordinance to vesting tentative map
applications which had not been considered prior to the effective
date of the Zoning ordinance. The city made its determination on
that option when it adopted the new zoning Ordinance.
-.
santa Monica Municipal Code Section 9002.2 (new Zoning
Ordinance) states the following:
- 2 -
.;
I
.
. ,
section 9002.2. Vested Riqht. The
following projects shall have a vested
right. to proceed without complying with
this Chapter.
(a) Previously Approved Conversion.
The conversion to condominiums or other
form of subdivided ownership for any
mUlti-family dwelling that has a final
subdivision map approved prior to October
1, 1981, and has received either a removal
permit or vested right determination from
the Santa Monica Rent Control Board.
(b) Projects with CUrrently Valid
~uildin9 Permit. The erection,
construction, enlargement, demolition,
moving, conversion of and excavation and
grading for, any building or structure for
which a valid building permit is in effect
as of the effective date of this
Ordinance.
(c) PreviouslY Approved Development
Permit. The erection, construction,
enlargement, demolition, moving,
conversion of an excavation and grading
for, any building or st~cture for which a
valid development permit is in effect
pursuant to Ordinance NU!JIber 1321 (CCS).
A development permit which does not
contain an express limit on the time for
exercising the permit shall be deemed
valid only if a building permit is
obtained within one year of the date of
adoption of this Chapter. No time
extensions shall be granted for any
development permit approved prior to the
adoption of this Chapter.
(d) Applications Oeemed Complete.
Any project for which an application was
filed pursuant to Ordinance N,_,mher 1321
(CCS) and deemed complete in accordance
with Ordinance Number ~.441 (CCS) or 1449
(CCS) prior to April 29, 1988.
(e) Development Aqreement.
Development in accordance wi th the terms
and conditions of a development agreement
approved by the City Council pursuant to
Chapter 8 of Article IX of this Code.
~
Section 9002.2 Cd) grandfathers projects with applications
filed pursuant to Ordinance Nnmher 1321 (CCS) as amended by
Ordinance N~~ber 1441 (CCS) and Ordinance Numher 1449 (CCS) and
- 3 -
/
. '.
. deemed complete by April 29, 1988. This section applies to
vesting tentative maps as well as any other project with an
application deemed complete by April 29, 19B8.
Therefore, reading the language contained in the Zoning
Ordinance in conjunction with Santa Monica Municipal Code Section
9325(e) and Government Code Section 66474.2, all development
applications deemed complete prior to April 29, 1988, but not yet
receiving approvals by the Planning Commission or administrative
staff, where applicable, are not subject to the new Zoning
Ordinance. Projects for which applications were filed subsequent
to April 29, 1988, are not grandfathered and are therefore
subject to the provisions of the new Zoning Ordinance.
II. Projects with Tentative Map Approvals or
Administrative Approvals Which Have Not Obtained Building Permits
Prior to the Effective Date of the Zoning Ordinance.
Another category of projects qiving rise to questions are
those which have received planning approvals prior to September
9, 1988 (the effective date of the Zoning Ordinance), but which
do not yet have building permits. Santa Monica Municipal Code
section 9002.2 (c) (new Zoning Ordinance) addresses these
projects.
This Section provides that development permits approved
under Ordinance Number 1321 (CCS) are entitled to obtain building
permits without having to comply with the new Zoning Ordinance.
Where a development permit does not expressly limit the time for
exercising the permit, this section provides that the holder of
such a permit must obtain a building permit within one year from
August 9, 1988, otherwise the right to such a permit is lost and
compliance with the new Zoning Ordinance is required.
For purposes of this Section, "development permits.' were
meant to include development review permits, administrative
approvals, tentative maps, conditional use permits, and other
planning approvals necessitated pursuant to the terms of
Ordinance Number 1321 (ceS). Therefore, projects with valid
planning approvals granted prior to September 9, 1988, are
grand fathered by this Section and may obtain building permits
subject to the time limit provision discussed above without
having to comply with the new Zoning Ordinance.
LLL349/hpc
- 4 -