SR-402-002 (24)
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C/ED:PB:DKW:WW
council Mtg: February 28, 1989
Santa Monica,
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California
MAR 7 1989
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TO: ' Mayor and City Council
FROM: City staff
SUBJECT: Appeal of Planning commission Approval of Conditional
Use Permit 88-012 To Permit Construction of a Three
Story, 3618" High, Nine Unit Condominium Constructed
Over 20 Subterranean Parking Spaces in the R3 District.
Applicant: Paul Zahler for PMA Development.
Appellant: Councilmember David Finkel. 1531 12-0, 51
INTRODUCTION
This report recommends that the City Council deny the appeal and
uphold the Planning Commission approval of CUP 88-012 for the
construction of a three storYt nine unit condominium at 1531 12th
Street. On January 4, 1989, the Planning Commission voted 7-0 to
approve the proj ect.
(See Exhibit "All).
Councilmember Finkel
appealed the Commission action on behalf of the pico Neighborhood
Association and the neighbors of the proposed project. (See
Exhibit "BII).
BACKGROUND
The appl icant proposes to construct a three story, nine unit
condomini um on an 11,:2 50 square foot R3 (Residential Multiple
Family) District parcel that previously contained a nonconforming
outdoor commercial storage use. On July 6, 1987, the Planning
Commission approved Waiver of Parcel Map 1987-003 to allow the
subdivision of the 11,250 square foot site from an adjacent
, 2 -A.
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5&6 2 ti .l::lQ~
MAR 7 1989
18,750 square foot site that still contains a nonconforming
commercial plumbing and outdoor storage use.
On January 4, 1989, the Planning Commission approved Vesting
Tentative Tract Map 46490 and Conditional Use Permit 88-012 to
permit construction of the nine unit condominium. During the
Planning commission hearing, several adjacent tenants separated
by a 20 foot wide alley from the site, expressed concern over the
potential loss of sunlight which would result from building
construction. On January 14, 1989, the ten day appeal period for
the tentative tract map expired. On January 18, 1989, prior to
the 20 day expiration date of the conditional use permit,
Councilmember Finkel appealed the Planning Commission action.
ANALYSIS
The proj ect as approved by the Planning Commission conforms to
the height, setback and density standards of the R3 District.
Under the R3 Development Standards, the developer could construct
a 40 foot building height in-lieu of the 36' 8" height proposed
and ten units in-lieu of the nine units proposed. site plans
indicate building setbacks exceed minimum requirements along
side and rear elevations to provide greater articulation and
allow greater movement of light, air and ventilation. The
angular pitched roof will reduce shadow lengths affecting
adjacent structures. It should be noted that the construction of
a two story, 30 foot high structure would result in similar
shadow lengths. In the present case, the shadow impacts
affecting adjacent buildings are minimal and should impact only
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the rear elevations of the structures located across the alley
(where there was concern expressed).
(See Exhibit C).
The
project design, increased articulation and pitched roof style
will help prevent adverse impacts from occurring.
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 approve the Conditional Use Permit subj ect to the findings
and conditions contained in the January 4, 1989 Planning
Commission statement of Official Action.
Prepared by: Paul Berlant, Director of Planning
Wanda Williams, Associate Planner
Attachments: Exhibit A: January 4, 1989 Planning Commission
Approval and statement of Official
Action
Exhibit B: January 18, 1989 Appeal Letter
Exhibit C: Shadow Impact study
Exhibit D: Letter from Applicant dated 1/31/89
ww
PC/cc8812
02/02/89
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Exh,hit "All
CITY PLANNING DIVISION
Community and Economic Development Department
MEMORANDUM
DATE: January 4, 1988
TO: The Honorable Planning Commission
FROM: Planning staff
SUBJECT: CUP 88-012, Vesting TTM 46490
Address:
Applicant:
1531 12th street
Paul Zahler for PMA Development
SUMMARY
Action: Conditional Use Permit, vesting Tentative Tract Map To
permi t the Development of a Three story, 36' 811 High, Nine Unit
Condominium Constructed Over 20 Subterranean Level Parking Spaces
in the R3 (Residential Multiple Family) District. The applica-
tion is being considered under the new ordinance.
Recommendation: Approval with Conditions.
PERMIT STREAMLINING EXPIRATION DATE:
May 30, 1989.
SITE LOCATION AND DESCRIPTION
The subject property consists of an 11,250 square foot rectangu-
lar shaped parcel of land located on the east side of Twelfth
street, between Colorado Avenue and Broadway. The site is va-
cant. The surrounding land uses and zoning consist of two story
apartment buildings (R3) located to the north, east and west and
one story commercial buildings (R3, (R3A) located to the south.
Zoning Districts:
Land Use Districts:
Parcel Area:
R3 (Residential Multiple Family) District
Medium Density Residential
11,250 sq. ft., 75' X ISO'
PROPOSED PROJECT
The proposed project consists of the development of a nine unit,
36' 8" high, 14,373 square foot condominium constructed over a
subterranean parking garage. site plans indicate 2 three bedroom
and 7 two bedroom residential units configured around a second
floor interior courtyard. Two bedrooms are located in the sub-
terranean parking level and are accessed from inside of indi-
vidual units or by an elevator that connects to the three upper
floors. Site plans indicate side yard setbacks that vary from
9'6" to 34'911, a 20 foot front yard setback and 15 foot rear yard
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setback (as measured from the alley centerline). A total of 21
code parking spaces that includes one covered at grade guest
parking space are provided in compliance with SMMC Section
9044.4.
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 pursuant to city of
santa Monica Guidelines for Implementation of CEQA; Class 3 (2).
FEES
The proposed project is subject to payment of a Park and Recre-
ation Facilities Tax of $200.00 and a Condominium Facilities tax
of $1000.00 per saleable unit.
BACKGROUND
On December 14, 1955, the Zoning Administrator approved ZA 782-U,
to permit construction of a one story 1,105 square foot addition
to an existing one story building that had previously functioned
as overnight storage space for commercial trucks used in connec-
tion with an adjacent parcel. At that time, the site consisted
of four 7500 square foot rectangular parcels.
On October 17, 1956, the Zoning Administrator approved
to permit outdoor storage of pipe and fitting plumbing
on the site. The variance expired on June 30, 1961.
still consisted of the four contiguous parcels.
On July ll, 1961, the Zoning Administrator approved ZA 1685-U, to
permit continued outdoor storage of pipe and fitting plumbing
supplies on the site, through November 5, 1973. The site still
consisted of the four contiguous parcels.
ZA 910-U
supplies
The site
On May 7, 1973, the Planning commission approved Conditional Use
Permit 179, to permit the continued use of the site for the
storage of plumbing supplies, through November 5, 1988. A Plan-
ning Commission determination was also made that the nonconform-
ing use of site buildings as a plumbing warehouse did not comply
with the intent of the R3 zoning code. The commission directed
the applicant to remove the nonconforming use from the site by
November 5, 1988. The site still consisted of the four con-
tiguous parcels.
On February 2, 1987, the Planning Commission approved Conditional
Use Permit 436, to permit the continued outdoor storage of plumb-
ing supplies on the property and to permit the construction of a
1,000 square foot single story addition to the existing plumbing
warehouse building. The site still consisted of the four con-
tiguous parcels.
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On May 4, 1987, the Planning Commission approved Conditional Use
Permit 454 to permit the plumbing supply owner to lease a portion
of the site to an architect for development of an architect's
office. The site still consisted of the four contiguous parcels.
On July 6, 1987, the Planning Commission approved Waiver of Par-
cel Map 1987-003, to consolidate the four rectangular 7,500
square foot parcels into two parcels containing 11,250 square
feet and 18,750 square feet. The 18,750 square foot south parcel
contains the remaining plumbing supply warehouse buildings and
the 11,250 square foot parcel is vacant. The condominium
development pertains to the smaller ll, 250 square foot parcel
only.
ANALYSIS
The nine unit condominium with three upper floors of development
incorporates several design features that should permit a more
orderly transition from the previous nonconforming commercial use
to the three story residential use, while at the same time pre-
serving the established character of the residential
neighborhood.
Under General Plan density requirements, ten units instead of the
nine units proposed could have been developed on the site. The
reduced density proposed will result in larger open space side
yard areas, recreational courtyards and balconies. The central
location of the parking driveway ramp, surrounded on three sides
by building walls, should effectively reduce automobile noise,
visual, light and glare impacts onto abutting parcels. The re-
cessed side yard building setbacks increase building articula-
tion, reduce the perceived mass of development and provide a
sense of privacy and security for abutting properties.
Finally, the angular pitched roof of the 36'8" high structure
should result in shadow lengths that are similar to those cast by
adj acent two story buildings. The visual scale of development
and shadow impacts have been substantially mitigated through the
roof design and building articulation.
The three story, 361811 building height, 50% building lot
coverage, increased side yard setbacks and 21 code parking spaces
comply with R3 development standards.
Conclusion
The nine unit condominium development complies with the R3
development standards, will not cause significant shadow impacts
and will provide a building design that is compatible with sur-
rounding development.
RECOMMENDATION
It is recommended that the Planning Commission Approve Condition-
al Use Permit 88-012 and Vesting Tentative Tract Map 46490, sub-
ject to the following findings and conditions:
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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 provision for
building redesign and improvements, will be consistent
with applicable general plans as adopted by the City of
Santa Monica.
2. The site is physically suitable for the proposed type of
development in that the proj ect 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 in that the
project does not involve the use of hazardous, explosive
or toxic materials and will not affect the use of existing
vicinity land uses.
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 in that the location of access-
ways, public utility easements, drainage, sanitary facili-
ties or utility installations and will not interfere with
emergency access to the site.
6. The design of the subdivision does not preclude future
passive or natural heating or cooling opportunities.
CONDITIONS OF APPROVAL
SPECIAL CONDITIONS
1. 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
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placement of the residential unites) on the subject lot,
per and subject to the provisions of section 6670 et seq.
of the Santa Monica Municipal Code.
2. 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 mi tiga tion 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.
3. The project shall have a designated on-site construction
manager.
4. All sidewalks shall be kept clear and passable during the
grading and construction phase of the project.
5. 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 indicating the hours of permissible construc-
tion work.
6. 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.
7. 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 timebacks 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 contruction-related truck routes,
number of truck trips, hours of hauling and parking loca-
tion. 9) Specify the nature and extent of any helicopter
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hauling. 10) state whether any construction activity
beyond normally permitted hours is proposed. 11) Describe
any proposed contruction noise mitigation measures. 12)
Describe construction-period security measures including
any fencing, lighting, and security personnel.
STANDARD CONDITIONAL USE PERMIT CONDITIONS
1. Plans for final design, landscaping, screening, trash en-
closures and signage shall be subject 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.
3. The Conditional Use Permit shall be of no further force or
effect if Tentative Tract Map 46490 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.
5. 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.
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11. street trees shall be maintained, relocated or provided as
required in a manner consistent with the city's Tree Code
COrd. l242 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.
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 project, as required by the Department of
General Services.
VESTING 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 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.
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5. 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 9060.1(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.
8. 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.
INCLUSIONARY UNIT CONDITION
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 (1) affordable unit is provided and maintained
over time and through subsequent sales of the property.
An affordable unit shall be defined as being affordable to
households with incomes not exceeding 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.
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This prov~s~on is intended to satisfy the inc1usionary
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.
Prepared by: Wanda Williams, Associate Planner
PCjcup8B012
12/7/88
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MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
ATTACHMENT A
Category
Permitted
Use
Height
Setbacks
Front yard
Sideyard
Rearyard
Lot Coverage
Parking
Municipal Code
l:1250 s.f./
lot area=10
(includes 1/2
alley width)
40 ft.
20 ft.
9 ' 611
15 ft. from
alley center
50%
Land Use
Element
1:1250 s.f./
lot area=10
(includes 1/2
alley width)
40 ft.
N/A
N/A
N/A
N/A
21 spaces N/A
includes 2 guest
spaces
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Projec~
1: 1334 s.f./lot
area= 9
36'8"
varies from 20'
to 29'6"
varies from 9'6"
to 34'9"
15 ft. from
alley center
50%
21 spaces
includes 2 guest
spaces
(a
(
r= xh 11o'lt l~ All
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: CUP 88-012, Vesting TTM 46490
LOCATION: 1531 12th street
APPLICANT: Paul Zahler for PMA Development
REQUEST : Conditional Use Permit, Vesting Tentative Tract
Map To Permit the Development of a Three Story,
36 t a" High, Nine Unit Condominium Constructed
OVer 20 Subterranean Level Parking Spaces in the
R3 (Residential Multiple Family) District.
PLANNING COMMISSION ACTION
01/04/89
Date.
x
Approved based on the following findings and
subject to the conditions below.
Denied.
other.
FINDINGS
1Io
CONDITIONAL USE PERMIT FINDING
l. 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 low-scale three
story level building will be compatible with surrounding
land uses that are characterized primarily by 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 R3
standards outlined in the new zoning code.
VESTING TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its provision for
building redesign and improvements, will be consistent
with applicable general plans as adopted by the City of
Santa Monica.
2. The site is physically suitable for the proposed type of
development in that the proj ect is an in-fill of urban
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j
;
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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 in that the
project does not involve the use of hazardous, explosive
or toxic materials and will not affect the use of existing
vicinity land uses.
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 in that the location of access-
ways, public utility easements, drainage, sanitary facili-
ties or utility installations and will not interfere with
emergency access to the site.
6. The design of the subdivision does not preclude future
passive or natural heating or cooling opportunities.
CONDITIONS
SPECIAL CONDITIONS
~
1. The Architectural Review Board, in their review, shall pay
particular attention to the project's pedestrian orienta-
tion and a~enities; scale and articulation of design ele-
ments; exterior c6lors, textures and materials; window
treatment; glazing; and landscaping.
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 et seq.
of the Santa Monica Municipal Code.
3. All structures shall conform with the requirements of the
Building and Safety Division.
4. The project shall have a designated on-site construction
manager.
5. 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
establishing mitigation requirements, including one-time
payment of fees on certain types of new development, and
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-...r- . ;>*
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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.
6. Drainage of the subj ect property shall be disposed of
under the sidewalks in a manner satisfactory to the City
Engineer. A drainage plan shall be submitted to the City
Engineer and approved prior to the issuance of a building
permit.
7. 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.
8. 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.
9. The applicant shall comply fully with all conditions re-
lated to the demolition or grading of the property and its
maintenance prior to the issuance of building permits.
10. Following project grading and during the construction
phase, an eight foot high fence shall be maintained around
the perimeter of the parcel. Throughout construction, the
par.cel shall be kept clear of disc,arded building
materials, trash, overgrown vegetation, and other debris
that may collect on the site.
11. 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 timebacks 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 contruction-related truck routes,
number of truck trips, hours of hauling and parking loca-
tion. 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 contruction noise mitigation measures. 12)
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Describe construction-period security measures including
any fencing, lighting, and security personnel.
13. A sign shall be posted on the site indicating the permit-
ted hours of construction and the time period during which
heavy equipment will be used on the site. Construction
sIal be permitted in compliance with Ordinance 1406 which
specifies the following construction hours; 7:00 a.m. to
6: 00 p.m. Monday-Friday and 9: 00 a.m. to 5: 00 p.m. on
Saturday.
14. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal shall be reconstructed to the satis-
faction of the City Engineer. Approval for this work
shall be obtained from the City Engineer prior to issuance
of the building permits.
15. An off-site parking maintenance plan shall be approved by
the Planing Director that shows the manner in which con-
struction employees shall be encouraged to park on the
site in commercial parking structures or in designated
street parking zones. Employee parking shall be provided
on the site during evening hours and all day Saturday.
16. The trash enclosure shall be relocated inside of the sub-
terranean garage unless the Department of General Services
requires location outside of the garage. If the trash
enclosure is required outside of the garage, the applicant
shall provide adequate screening around the enclosure.
17. Prior to submittal of plans for Architectural Review Board
approval, the applicant shall submit to the Director of
Planning for approval, site plan, floor plan and eleva-
tion plan drawings.. that show the elimination of the ex-
terior entrances to the basement units (identified on site
plans as Units 6 and 8).
18. Prior to submittal of plans for Architectural Review Board
approval, the applicant shall submit to the Director of
Planning for approval, site plan, floor plan and elevation
plan drawings that show a maximum of two doorway openings
leading to a unit on each floor of the building.
STANDARD CONDITIONS
1. This approval is for those plans dated September, 1988, 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. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
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3. 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
Rev iew . construction shall be in conformance wi th the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
4. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
5. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking or other
actions.
6. street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
COrd. l242 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.
7. 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.
8. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.5 gallon toilets and 1.0 gallon, urinals and low
flow shower head.)
9. The Conditional Use Permit shall be of no further force or
effect if Tentative Tract Map 46490 expires prior to ap-
proval of a Final Map for said tract.
10. 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.
11. within twenty-one days of final project approval, project
applicant shall sign a copy of the Statement of Official
Action prepared by the 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. Failure to
comply with this condition shall constitute grounds for
potential permit revocation.
12. 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
appeal.
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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 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' 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 seg. 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.
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. I
INCLUSIONARY UNIT CONDITIONS
1. The developer shall covenant and agree with the City of
Santa Monica to the specific terms, conditions and
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restrictions upon the possession, use and enjoyment of the
subject property, which terms, conditions and restrictions
shall be recorded with the Los Angeles county Recorder's
Office as a part of the deed of the property to ensure
that one (1) affordable unit is provided and maintained
over time and through subsequent sales of the property.
An affordable unit shall be defined as being affordable to
households with incomes not exceeding 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.
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.
VOTE
Ayes: Farivar, Hecht, Kaufman, Nelson, Lambert, Mechur, pyne
Nays:
Abstain:
Absent:
I hereby certify that this statement of
accurately reflects the final determination
Commission of the city of santa Monica.
Official Action
of the Planning
signature
date
print name and title
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1685 Mam Street, Santa MOnica, Cahfornla 904 1
(213) 458.8201, Council Office
(213) 458-8182, Busmess Office
DAVID B. FINKEL
Mayor Pro Tempore
kJ:"J ,- January 18, 1989
Don Nelson, Cha~rperson
Plann~ng Commlssion
c/o: Plannlng Department
1685 Ma1.n Street
Santa Monlca, CA 90401
Re: Appeal of CUP 88-012
Address: 1531 12th St.
Hear~ng: Held 1/4/89 - Plann1.ng Cornm~sslen
.....
Dear Chairperson Nelson and
Plannlng Director Berlant:
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Please consider th1.S notlce of my deSlre to appeal
CUP 88-012 on behalf of the Plce Ne1.ghborhood Assoc~atlon and
the neighbors of the proposed proJect located at 1531 12th St.
by PMA Development and Paul Zahler.
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Thank yeu for your courtesy.
'>
Very truly yours,
J. A l
tJ:ttvJ 13 ~J
DAVID B. FINKEL
MAYOR PRO TEMPORE
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Tel. 213/311-8222 or 8181185.5'41
Wlf../TER SOLSTICE SOLAR DIAGRAM
WORST CASE FOR.
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PAUL C. DESANTIS
PAUL C DESANTIS'
3002 SANTA MONICA BOULEVARD. SUITE C
SANTA MONICA CALIFORNIA 90404-2506
TELEPHONE (213) 45~1888
TELECOPIER
(213) 829-1476
....LSO MEMBER OF NEW YORK a....R
January 31, 1989
Honorable Members of the City Council
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
Re: Februarv 14 ADoeal of CUP 88-012. 153112th St.. 9-Unit New Condominium
Dear Councilmembers:
This nine-unit condominium project merits your support for a number of reasons.
THE PROJECT RECEIVED UNANIMOUS PIANNING COMMISSION APPROVAL:
On January 4, 1989, the Planning Commission reviewed the project In detail, heard
all of the neighbors' comments, and approved the project 7 to O.
THE CITY COUNClls APPROVED CONVERSION OF TIllS SITE FROM
COMMERCIAL TO R3 RESIDENTIAL USE IN 1987:
.
The project is located on an R3 site created by the Planning Corrnnission in 1987
as part of the reconfiguration of the Smith PIpe Supply property on 12th Street
north of Colorado. The northern portion of the Smith property, where the subject
residential building is proposed, contained a commercial storage building and
outdoor storage yard. In February 1987, the Commission approved CUP 436 which
allowed Smith Pipe to remain m business on the southerly portion of its site
(closest to Colorado) in exchange for the removal of all commercial uses from the
northerly portion of the site. In July 1987, the Commission approved Waiver of
Parcel Map 1987-003, which created the current 75' wide R3 site. The Citl.'
Council u!,held this action on appeal. It was clear to the Commission and CounCIl
that the purpose of this entire reconfiguration process was to have the new parcel
developed WIth a residential building designed to R3 District standards.
Further, both the Planning Commission and the City Council heard the neighbors'
comments in 1987 regarding the scale of future development on this site, but found
no justification to rezone the site from R3 to R2. The Commzssion and Counczl
found the site's R3 zoning appropriate and reasonable.
TIlE PROJECf IS DESIGNED TO ADDRESS NEIGHBORS' CONCERNS:
At the time of the Smith Pipe hearings, neighbors expressed some concerns about
January 31, 1989
Page 2
Honorable Members of the City Council
what might be built on the new residential site. These concerns have been
addressed and, in fact, were a major factor influencing the design of this project.
Specifically:
1. The project is consciously placed toward commercial uses and away from the
residents to the north. The north side yard setbacks range from 12' to 18',
26% to 94% greater than the City's required 9'6" setback
2. The lowered height, pitched roofs and broken-up massing of the proposed
building maximize solar access to the adjoining properties to the north and to
the rear. As noted in the shadow study done by C. W. Cook Company, the
design of the proposed building results in an effective buildmg height of 32'
for purposes of solar access to adjoining properties.
3. To minimize noise and headlight impacts on the residents to the north, the
access driveway from the alley to the subte"anean garage is placed at the
rear-center of the property, over 33' from the adjoining residential property.
4. The project will replace a commercial/industrial use with a hi~h quality, well-
designed and skillfully articulated residential use, in keeping WIth major policy
goals of the City to return commercially used residentIal district property to
residential use.
5. This project will provide a high quality residential buffer between the present
residential uses to the north and the remaining commercial uses to the south.
6. To the benefit of pedestrians, the project will permanently close an existing
driveway and curb cut on 12th Street.
IN SUM:
The project not only meets but greatly surpasses the stringent R3 District
requirements of the City's new Zoning Ortlinance.
The project comprehensively and successfully addresses the concerns of the
neighbors and will be an asset to the neighborhood.
There is no substantive basis for denial of this high-quality, neighborhood-
compatible project. It clearly deserves your support on its merits.
1.
2.
V%yJl(~
Paul C. DeSantis