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SR-402-002 (26) f . . 1;1-8 NOV 1 4 1989 C/ED:PB:DKW:WW L;7O-Z--C:C>z pc/cc8946 council Mtg: November 14, 1989 Santa Monica, California L1 ) ~. - ~. ~- :.~~ TO: Mayor and city council FROM: City staff SUBJECT: Appeal of Planning commission Approval of Conditional Use Permit 89-046, Tentative Tract Map 48039 to permit construction of a three story, 34 foot high, five unit condominium constructed over a subterranean parking garage located at 1253 11th street in the R3 District. Applicant: Mr. and Mrs. Leo Chang. Appellant: Syd Jurin, representing residents and homeowners of lIth street. INTRODUCTION This report recommends that the city Council deny the appeal and uphold the Planning Commission approval of CUP 89-046 and TTM 48039 for the construction of a three story, five unit condominium at 1253 11th street. On August 2, 1989, the Planning Commission approved the project. (See Exhibit !lAII) . Syd Jurin, representing residents and homeowners of 11th Street, appealed the Commission action. (See Exhibit "BtI). BACKGROUND The applicant proposes to construct a three story, five unit condominium on a 7500 square foot R3 (Medium Density Multiple Family Residential) District parcel that presently contains two detached residential dwelling units which have been granted an exemption under Rent Control provisions. I.:J -~ NOV 1 4~ - 1 - I . . On August 2, 1989, the Planning Commission approved Tentative Tract Map 48039 and Conditional Use Permit 89-046 to permit construction of the five unit condominium. During the Planning commission hearing, several adjacent residents expressed concerns regarding the demolition of the two detached buildings that were constructed prior to 1930. Several of the residents felt the two structures should be designated as landmarks under the City IS landmarks procedure. The Planning commission approved the condominium project subject to a condition that required Landmarks Commission review prior to Architectural Review Board review. On August ll, 1989, Syd Jurin filed the appeal. On August 17, 1989, the applicant filed an application for Landmarks Commission review. On september 14th, the Landmarks Commission voted to conduct a hearing on October 12, 1989 to consider designating both sides of the 1200 block of Eleventh street as an Historical Landmarks District. On October 12, 1989, the Landmarks Commission voted to continue discussion of establishing a landmarks district until November 9, 1989, to allow the surrounding residents additional time to prepare information to support their requests to designate the block as an historic district. Under SMMC section 9607, the Landmarks commission may recommend that the city Council designate the block as an Historic District if it meets one or more of the following criteria: A. It exemplifies, symbolizes, or manifests elements of the cuI tural, social, economic I po 1 i tical, or architectural history of the city; - 2 - i . . B. It has aesthetic or artistic interest or value, or other noteworthy interest or value: c. It is identified with historic personage or with important events in local, state, or national history: D. It embodies distinguishing architectural characteristics valuable to a study of a period, style, method of construction, or the use of indigenous materials or craftsmanship; or e. It is representative of the work or product of a notable builder, designer, or architect. At their meeting on November 9, 1989, the Landmarks Commission determined by a vote of 4-3 that the project area did not merit designation as an historic district. If a district were created, the future al teration, restoration, construction, removal, relocation, or demolition, in whole or in part, of the residential structures would be prohibited (unless otherwise specified by the Council). Thus, approval of an historic district would require that the subject condominium application be denied absent a Certificate of Economic Hardship approved the the Landmarks Commission (or City Council on appeal) . In light of the Landmarks Commission I s determination that the block does not merit designation as an historic district, no further City Council action is required on that issue, and the future alteration, restoration, construction, removal, relocation, or demolition, in whole or in part, of the residential structures, subject to relevant city requirements, is permitted. Processing of the condominium application can continue. - 3 - . . The Landmarks Comisssion also considered whether the specific structure at the subject site merited designation as a landmark. By a vote of 7-0, the Commission determined that landmark designation of the existing structure was not warranted. The Landmarks decision is appealable to the city council during a ten (10) day period following the Landmarks determination. ANALYSIS The project, as approved by the Planning Commission, conforms to the height, setback and density standards of the R3 District. Under the R3 District development standards, the site could be developed with six units, with eight foot side yard setbacks and a 3 story, 40 foot height limit. The developer has proposed to construct 5 units, with 8-12 foot side yard setbacks and a 3 story, 34 foot height limit and parking for 13 vehicles. The appeal letter states that the 5 unit condominium developed will adversely impact traffic and cause alley congestion between 11th and 12th streets, will have an adverse impact on water and sewer facilities and will negatively impact the residential character of the surrounding neighborhood. The appeal letter also states that the existing buildings and six other properties located in the vicinity of the project site were built in 1904 as part of the "original" city of Santa Monica and should be preserved as an historic district. The traffic generated by the five unit condominium would be identical to traffic generated by an administratively approved five unit - 4 - T . . apartment building which could be developed at the site. Under City of Santa Monica CEQA guidelines both uses are exempt from environmental review. The City Parking and Traffic Engineer approved the layout of parking and the location of driveway ramps. The twenty foot wide alley that abuts the rear of the site should facilitate the flow and movement of traffic in the alley and should not result in congestion or other adverse traffic conditions. Traffic, water, sewer and other site impacts from the proposed proj ect are considered less than significant and do not require special consideration. The merits of the proposed condominium project should be considered relative to the requirements of the City's zoning and subdivision regulations. Therefore, the staff recommends that the City Council decision on the appeal be based upon the merits of the condominium project. As noted above, the historic issues cited in the appeal letter have been considered by the Landmarks Commission at its November 9, 1989 hearing. The Commission' s deliberations resulted in determinations that the specific structure on the project site was not worthy of landmark designation, and that creation of a historic district for the project area was not warranted. If the Council denies the appeal, the processing of the condominium application will continue. If the Council upholds the appeal, no further processing of the condominium application will occur. BUDGET/FINANCIAL IMPACT - 5 - - . . The recommendation presented in this report does not have any budget or financial impact. RECOMMENDATION Inasmuch as the condominium proposal meets all relevant planning requirements, it is respectfully recommended that the council deny the appeal and approve the Conditional Use Permit and Tentative Tract Map subject to the findings and conditions contained in the August 2, 1989 Planning Commission statement of Official Action. Prepared by: Paul Berlant, Director of Planning D. Kenyon Webster, Principal Planner Wanda Williams, Associate Planner Attachments: Exhibit A- Planning Commission staff Report and statement of Official Action Exhibit B- Appeal Letter WW:ww PC/cc8946 11/10/89 - 6 - ~~~(~ -- ~lJtlJt "t\ Clty of . Santa Monica /1,/V7 //Y)'P-'" j T Y C c: 2Commurn~;r1d Ecanomlc Development Department 7 V P LJf:::/ CI"7"'" ~ . prannlng and Zoning DivISion (2' 3} 458-8341 "69 ~JG 14 ;:,~= ttPPEAL FORM . . {ltA~ f~- ["'{h,b + "13 lJ ~ .: r . I . r FEE $100 00 Date FrIed ~ II, I~i <1 ReceIved by /1l ~ "!i> ~ Receipt No . _.:~ ~: f--;'- ~ame Residents. ho~o\mers. and friends of th~ 11th Strp.p.t nrF.n (between Wilshire & ~ri- Aodress 1244 12th Street f16, San ta t-1onica 90401 7ona) Contact Person Syd Ju r in Phone 393 -8470 Please descnbe 1M prolect and decISIOn 10 be appealed 1~53 11th Stree t pro,iect f five (5) un it T three (3) story luxury condominium suhdivision CUP B9.04;;. TTM 4fHH9 Case Number ~ l.J P i 9 - t y.- G "-;;)1 - ..,. tc ?Jf ~~ss 1253 11th Street Applicant qose and Leo Chanq Orglnal neanng date -. , Au q.1s t 2 t 1989 Onglnal actIOn a oproved Pleasestatethespeclflcrtason(s)fortheappealll Sub~ect builduHl was buia in 1~4.~ on A t.rl'lr:t l;:lir! out in the late 1880's bv architect Waldo K. Cow~n~ Thp. rulilnin~~ tn~thpr with ~~v (6) other properties like 1233 11th Street also built in 1904. constitutp. 1-he "ori ninrll" City of Santa Monica and should be preserved as an historic area. 2) Thl~ PtQje~t. with at least twelve (12) occupant cars. wQUld serious'\.y i\l]l]r<'lvrlt:", thp ~nnJp~t;nn ;mti n....t<;e in the alleyway between 11th and 12th streets, causing undue hardship to the homeowners (OVER) ~ /_ II addibonaI space IS needld. USI back allorm . y dC! utL u-- Dall L- (J ~d//~/dr , , S19naIU~ SlntlIIonICl Municipal c-. Subcnapfer 10L AppIlft. ~ -- , f'Cz-t/oz .'!IIIt whose properties face the alleyway. Visitors' parking would be impossible on the already-clogged 11th Street. 3) This project, with others that will result from a "domino"effect, will not protect tithe area from deleterious en viromenta 1 effectsl1, and I1the existing character and state of the residential neighborhoodu will also not be protected as stipulated in the Zoning Code. 4) The addition of five (5) luxury condominiums will aggravate the already ov~-taxed water and sewage facilities of the City of San ta Monica. to be compounded further by other possible similar subdivisions. 5) The entire area should be down.zoned from R-3 to R-2 to preserve the quality of the residential neighborhood. .I