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SR-402-002 (29) t!{J'Z-Ot)~ LUTM:PB:DKW:SW/GMEMO.PCWORD.PLAN Council Mtg: June 16, 1992 6 --c.. Santa Monica, California ...1 · .': 10QZ JUi't 1 OJ ;,J..J TO: Mayor and City council FROM: city Staff SUBJECT: certification of Statement of Official Action for Denial of the Appeal of the Planning Commission Denial of variance 90-030 and Waiver of Parcel Map 90-001 for 2039-2045 11th Street INTRODUCTION This report transmits for City Council certification the statement of Official Action for denial of the appeal of the denial by the Planning commission of the above listed variance and Waiver of Parcel Map to allow the adjustment of a parcel line and to allow the creation of a lot that is approximately 3' in depth less than the minimum 100' depth required by code. BUDGET/FINANCIAL IMPACT This recommendation will have no budget or financial impact. RECOMMENDATION It is respectfully recommended that the city Council approve the attached Statement of Official Action which contains findings of denial for Variance 90-039 and Waiver of Parcel Map 90-001. Prepared by: Paul Berlant, Director of Land Use and Transportation Management Susan White, Assistant Planner Attachment: A. Statement of Official Action dated 10/29/91. 6-c: ,.. ~Qr2 j\jN i 'J hl::?_ CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Variance 90-039 & Waiver of Parcel Map 90-001 LOCATION: 2039-2045 11th street APPLICANT: Robert Baron & David Gallenson CASE PLANNER: Susan White, Assistant Planner REQUEST: Appeal of a Planning commission denial of Variance 90-039 and Waiver of Parcel Map 90- 001 to allow the adjustment of a parcel line and to allow the creation of a lot that is approximately 31 in depth less than the mini- mum 100' depth required by code. CITY COUNCIL ACTION 10/29/91 Date. Approved based on the following findings and subject to the conditions below. X Appeal of Variance 90-039 Denied. X No action taken on Appeal ot Waiver of Parcel Map 90-001 inasmuch as, lacking an approved variance of minimum lot dimensions, there are not legally proposed parcels to consider. VARIANCE FINDINGS 1. There are no special circumstances or exceptional charac- teristics applicable to the property involved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification, in that the existing lots are level and meet the standard lot size and dimensions as required by code. 2. The granting of such variance will be detrimental or in- jurious to the property or improvements in the general vicinity and district in which the property is located, in that it would allow the creation of one lot which does not meet the standards for minimum lot depth as required by code. - 1 - 3. The strict application of the provisions of this Chapter would not result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships, in that the existing on-site uses of one single family structure and one, two-unit multi-family structure are not proposed to be altered. 4. The granting of a variance will be contrary to or in con- flict with the general purposes and intent of this Chap- ter, or to the goals, obj ecti ves and policies of the General Plan, in that it would not meet the applicability requirements as stated in section 9l13.3(a) of the Zoning Ordinance. 5. The variance would impair the integrity and character of the district in which it is to be located, in that the proposed lot line adjustment would create a parcel which does not meet the code required minimum lot dimensions. 6. The subject site is not physically suitable for the pro- posed variance, in that the proposal would create one sub- standard-size lot from two existing standard-sized parcels. 7. The strict application of the prov~s1ons of Chapter 10 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance would not result in unreasonable deprivation of the use or enjoyment of the property, in that the existing on-site single family uses are not proposed to be altered. Prepared by: Susan White, Assistant Planner VOTE Ayes: Nays: Abstain: Absent: Abdo, Genser, Holbrookl Olsen, Vazquez, Zane Katz 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. I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the City Council of the City of Santa Monica. - 2 - . . PCjstvar SMW signature date Clarice E. Dykhouse, city Clerk Please print Name and Title - 3 - PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Conditional Use Permit 91-015, Vesting Tentative Tract Map 50523 LOCATION: 911 12th street APPLICANT: Richard Chang & Henry Wu CASE PLANNER: Susan White, Assistant Planner REQUEST: Appeal of Condition of Approval #43 of Plan- ning commission approval of Conditional Use Permit 91-015 and Vesting Tentative Tract Map 50523 to allow the applicant to elect to com- ply with the provisions of Ordinance 1615 (CCS) in-lieu of Ordinance 1577 (CCS). CEQA STATUS: Categorically exempt per City of Santa Monica Guidelines for Implementation of CEQA, Class 3 (2) . CITY COUNCIL ACTION 4/28/92 Date. xx Approved based on the following findings and subject to the conditions below. Denied. other. EXPIRATION DATE(S) OF ANY PERMITS GRANTED: 4/28/94 4/28/94 Case #CUP 91-015 Case #VTTM 50523 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S): Any request for an extension of the expiration date must be received in the Planning and Zoning Division prior to expiration of this permit. 7/28/94 4/28/97 Case #CUP 91-015 Case #VTTM 50523 - 1 - 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 it conforms to the provisions of the Zoning Ordinance for the R2 & North of Wilshire Overlay districts. 2. The site is physically suitable for the proposed type of development, in that it is a standard lot, able to accomo- date the proposed structure while providing required set- backs, lot coverage limitations and required parking on- site. 3. The site is physically suitable for the proposed density of development, in that it is a parcel of 7,500 square feet in the R2 zone and can accomodate 5 units. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage stantially and avoidably injure fish or wildlife habitat, in that the project is an urban development. or sub- or their in-fill 5. The design of the subdivision or the type of improvement will not cause serious public health problems, in that all 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 tract map and taken into account the 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" & North of wilshire Overlay Dis- trict standards, 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 this parcel is surrounded on four sides by multi-family residential development. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the slope is not exces- sive, all parking can be provided on-site, and adequate open space is provided. - 2 - 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 three existing mUlti-family structures are proposed to be demolished. 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 proposal will require Architectural Review Board ap- proval to. ensure that it is similar in scale to existing and proposed development in the area. 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 the proposed use would not be detrimental to public health and safety, in that all utilities are avail- able to the site. 7. Public access to the proposed use will be adequate, in that the site is sufficiently served by an existing street. 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 buildings in the area are two and three story mUlti-family residential and the two story project will require Architectural Review Board ap- proval to ensure that it is similar in massing and place- ment to the existing structures. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the project site is located in a multiple residential land use element dis- trict and complies with the applicable regulations. 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 code requirements will be enforced in the con- struction of the building. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, section 9050 and special conditions outlined in Subchapter 7, section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance I in that these Subchapters are not applicable to new condominium developments. 12. 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 and North of Wilshire Overlay districts. - 3 - CONDITIONAL USE PERMIT CONDITIONS Plans 1. This approval is for those plans dated March 10, 1991, a copy of which shall be maintained in the files of the city Planning Division. Project development shall be consis- tent 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 with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. Architectural Review Board 5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architec- tural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback im- pacts of any ramps or other features necessitated by ac- cessibility requirements. 6. The Architectural Review Board shall carefully review the project design to ensure that the building is in scale and is compatible with the surrounding neighborhood. 7. The existing mature trees; one, 12" and one, 18" magnolia (grandiflora) shall be preserved in their present location on site, relocated to a specific location on site or re- placed with specimen trees to the satisfaction of the Ar- chitectural Review Board. 8. The Architectural Review Board, in its review, shall en- sure that at least 50% of the required front yard setback and 50% of both required side yard setbacks shall be ade- quately landscaped. 9. A minimum of two 24" box trees shall be planted within the front yard setback. - 4 - 10. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 11. 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. 12. Construction period signage shall be subject to the approval of the Architectural Review Board. 13. 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. 14. Refuse areas, storage areas and mechanical equipment shall 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 Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Un- less otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be lo- cated on the roof. 15. No gas or electric meters shall be located within the re- quired front or street side yard setback areas. The Ar- chitectural Review Board in its review shall pay particu- lar attention to the location and screening of such meters. Fees 16. 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 17. 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 - 5 - 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. 18. 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). 19. 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. 20. 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. 21. No demolition of buildings or structures built prior to 1930 shall be permitted until the end of a 30-day review period by the Landmarks commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no de- molition shall be approved for 90 days from receipt of a complete application for demolition, or upon the deter- mination by the Landmarks Commission that the application for landmark designation does not merit formal consider- ation, whichever is sooner. Construction 22. 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. 23. 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. 24. 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. 25. 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 - 6 - 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. 26. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General Services prior to issuance of a building permit. The ap- proved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect: 2) Describe how de- molition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erec- tion/construction; 4) Describe how much of the public street, alleyway I or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the na- ture 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 location: 9) specify the nature and extent of any helicopter hauling; 10) state whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed contruction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan: 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15} List a designated on-site construction manager. 27. 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. 28. 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 29. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) - 7 - Miscellaneous CUP Conditions 30. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 31. 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. 32. 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. 33. 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. 34. No fence or wall within the required front yard setback, inclusive of any subterranean garage slab and fencing or railing on top thereof, shall exceed a height of 42" above actual grade of the property. 35. A security gate shall be provided across the opening to the subterranean garage. I f any guest parking space is located in the subterranean garage, the security gate shall be equipped with an electronic or other system which will open the gate to provide visitors with vehicular ac- cess to the garage without leaving their vehicles. The security gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit. validity of Permits 36. 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. 37. 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, - 8 - the balance of the inclusionary units affordable to house- holds 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 Hous- ing Division of the Department of Community and Economic Development. Such restrictions shall be effective for the lifetime of the project. 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 con- formed copy of the recorded agreement prior to approval of the Final Map. This provision is intended to satisfy the inclusionary housing requirements of the Housing Element of the General Plan of the city of Santa Monica. Developer shall satisfy the obligations created by this Agreement by demonstrating to the Director of Planning compliance with either Or- dinance 1577 (CCS) or Ordinance 1677 (CCS) , which provide implementation standards for this program. 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. A subdivision improvement agreement for all off site im- provements 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. No building permit for the project will be granted until such time as the final map is approved by the Santa Monica city Council. 4. In submitting required materials to the Santa Monica En- gineering Division for a final map, applicant shall pro- vide a copy of the approved statement of Official Action. 5. Prior to approval of the final map, condominium Associa- tion By-Laws (if applicable) and a Declaration of cc & Rls - 10 - shall be reviewed and approved by the City Attorney. The CC & R I s shall contain a nan-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. 8. The form, contents, accompanying data, and filing of the final parcel map shall conform to the provisions of Sec- tions 9350 through 9357 (SMMC) and the Subdivision Map Act. 9. One mylar and one blue-line copy of the final map shall be provided to and recorded with the Los Angeles County Re- corder prior to issuance of any building permit for a con- dominium project pursuant to Government Code section 66499.30. Applicant shall also provide the County with a copy of this Statement of Official Action at the time the required copies of the map are submitted. 10. A copy of the recorded map shall be provided to the Plan- ning and Zoning Oivision before issuance of a Building permit. 11. 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. VOTE Ayes: Nays: Abstain: Absent: Abdo, Holbrook, Katz, Zane Genser, Olsen Vazquez - 11 - 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. I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the Planning Commission of the City of Santa Monica. signature date Clarice Dykhouse, City Clerk Please 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 PC/st911 DKW: SMW - 12 -