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SR-112503-6A '" ta llI'M)L '{)A PCD:SF:JT:AS:JL:MM:F:\PLAN\SHARE\COUNCIL\STRPT\2003\03APP015.doc NOV .2 5 2003 Council Mtg: November 25,2003 Santa Monica, California TO: Mayor and Councilmembers FROM: City Staff SUBJECT: Appeal 03APP015 of the Planning Commission's Approval of Design Compatibility Permit 02DCP006 and Resolution Adopting Final Negative Declaration 021S-006 Located at 1311 Centinela, to Allow the Construction of a Two-Story, Eight Unit Townhouse Style Condominium Project with Eighteen Parking Spaces Located in a Subterranean Garage. Applicant: Centinela Homes, LLC; Appellant: Keva Rosenfeld. INTRODUCTION This report recommends that the City Council deny the appeal and uphold the Planning Commission's approval of the Design Compatibility Permit and Negative Declaration to allow the construction of an eight unit townhouse style condominium project with eighteen parking spaces located in a subterranean garage. The Planning Commission, at its October 1, 2003 meeting, approved the project with revised conditions that modified the design of the proposed project along the north elevation. The appeal statement is contained in Attachment B and the three Planning Commission staff reports including environmental analysis are contained in Attachments C, D and E, respectively. BACKGROUND The applicant proposes to construct a two-story, maximum 30-foot tall, townhouse style courtyard condominium development having eight units with an eighteen (18) space subterranean parking garage accessed from Franklin Court. The Planning Commission 1 ~A NOV 2 5 2003 On October 14, 2003, the Planning Commission's determination on the Design Compatibility Permit was appealed based on concerns related to the overall mass of the proposed structure, its compatibility with neighborhood improvements, and privacy impacts to the northern property owners. The appeal statement is contained in Attachment B. The appeal period for the Vesting Tentative Tract Map expired on October , 2003 without any appeal APPEAL ANALYSIS Throughout the public hearings, some area residents expressed concern regarding the design and overall mass of the building. The Planning Commission deliberated on these 2 and associated issues of light, air and privacy, as well as the structure's overall compatibility with the character of the existing neighborhood. In its deliberation, the Planning Commission imposed additional conditions to effectively mitigate these concerns, Specifically, the Planning Commission required three of the four units adjacent to the northern side property line to be lowered in height. As conditioned, the exterior wall height of this portion of the structure may not exceed 23 feet, as measured from existing grade on the neighbors' side of the property line. Another condition required the relocation of the two proposed roof decks and spas toward the interior courtyard, or complete removal of this amenity. Other privacy related conditions included restrictions on the type of air conditioning equipment used and enhanced landscaping at the northern side yard to visually buffer adjacent properties The appellant asserts that the project remains inconsistent with improvements in the general vicinity, compromises the character and integrity of the neighborhood and continues to result in privacy impacts to the northern properties Specifically, the appellant cites the narrowness of the lot and the unusually steep topography as contributing factors to the overly massive design. Moreover, the appellant contends that the structure's three story appearance and roof deck spas are not harmonious with the neighborhood and cause significant privacy impacts the northern neighbors. Staff has reviewed the appeal statement and administrative record for the subject project. Staff believes that the conditions of approval address the appellant's concerns and fully mitigate privacy impacts. Over the course of the public hearings, the project 3 has been reduced in height to address previous Planning Commission concerns. At the last hearing, a condition was added that further reduces the height of the three units located adjacent to the interior northern property line. The effect of this condition will cause the removal of another mezzanine, two of which were previously eliminated at the Planning Commission's request, as well as an overall lowering of the building at the side and rear portions of the structure. Moreover, this condition requires the height of the northern exterior building wall be measured from existing grade on the northern properties. It was specifically imposed to address massing concerns related to the parcel's steep topography, which is approximately 17 feet. The appellant's contention regarding rooftop spas is moot. As conditioned by the Planning Commission, rooftop decks must be eliminated, or relocated to the other side of the building. This condition improves the northern neighbors' privacy by focusing this outdoor activity area toward the interior courtyard, or requires its complete removal. There remain, however, balconies adjacent to the northern property line; these features are relatively low and maintain significant sideyard setbacks. Further addressing the privacy concern, the Planning Commission imposed restrictions on the exterior mechanical equipment to reduce noise related impacts, and required a landscape buffer that will protect the privacy of each property, but not block natural light. As for massing related concerns, staff supports the Planning Commission's determination that the structure is compatible with other area improvements. The proposed design, as conditioned, provides an appropriate transition to adjacent 4 structures, incorporates significant building articulation and setbacks, and reinforces the pedestrian-oriented environment. While there may be opportunities for further aesthetic improvements, staff believes the Architectural Review Board can adequately address any remaining issues. Conclusion The Planning Commission deliberated on the subject development at three noticed public hearings. The project was approved based on findings and subject to additional conditions. The conditions effectively reduced the overall height of the structure and increased privacy between the proposed development and adjacent improvements. As conditioned, the project is compatible with existing structures in the general vicinity. Staff analyzed the appeal statements, but concluded that the Planning Commission's action sufficiently mitigates the stated concerns. CEQA STATUS Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15063, an Initial Study was conducted and a Draft Negative Declaration prepared that provided sufficient analysis to ensure compliance with CEQA. The Draft Negative Declaration was circulated for a 30-day public review period and no comments were received. At the request of the Planning Commission at the May 21, 2003 meeting, additional shade/shadow analysis for the proposed redesigned project was conducted, The Initial Study/Negative Declaration and additional shade/shadow analysis concluded that the 5 project would have a less than significant impact, or no impact in all environmental study areas. PUBLIC NOTIFICATION Pursuant to Municipal Code Sections 9.04.20.22.050 and 9.20.14.010, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment A. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is recommended that the Council take the following actions 1) Approve Resolution Adopting the Final Negative Declaration; and 2) Deny the appeal and uphold the Planning Commission's approval of Design Compatibility Permit 02-006 and Final Negative Declaration (02IS-006) based upon the following findings and subject to the following conditions: DESIGN COMPATIBILITY PERMIT FJNDI~_0S 1 The physical location, size, massing and placement of proposed structures on the site and the location of proposed amenities within the project are compatible with and relate harmoniously to surrounding sites and neighborhoods in that the project creates a transition between the two-story residential structures located adjacent to the subject property on Centinela Avenue with its symmetrical setbacks and articulated massing that sets back the upper stories from both the front and the side, exceeding the development standards set forth in Ordinance 2042 for additional side stepbacks above 13 feet in height. The project provides articulation that allows light and air to the two-story single-family structure to the 6 south and the two-story, multi-family structure, the two-story single-family structure, and the one-story single-family structure to the north. In addition, the project is designed to be compatible with the other structures on the street through the use of similar materials, stucco, and stepped down massing along the front fac;ade and stepped back massing along the side elevations. 2, The physical location, size, massing and placement of proposed structures on the site, and parking access and the location of proposed amenities within the project would not be detrimental to the public interest, health, safety, convenience or general welfare in that the building size, placement, and massing is compatible with the majority of the structures within the neighborhood block. The additional side stepbacks above 13 feet from ANG exceed the zoning requirements and the open space and landscaping meets the zoning code requirements. The setbacks, stepbacks, and side-yard landscaping will ensure adequate light and air for the adjacent residential structures. Each unit has access to direct light via windows. Parking is provided in compliance with the zoning requirements, is accessible from the Franklin Court alley, and provides the hazardous visual obstructions clearance to provide safe ingress and egress for vehicles. The project is accessible from street level along Centinela Avenue. 3, The rights-of-way can accommodate autos and pedestrians, including adequate parking and access, in that there are pedestrian entrances from Centinela Avenue, the garage, and vehicular access from the alley. Parking is provided in compliance with the zoning requirements and provides hazardous visual obstruction clearance to provide safe ingress and egress for vehicles. Access to the off street parking, circulation, and the parking plan were reviewed and approved by the City's Transportation Management Division. 4 The health and safety services (police, fire etc.) and public infrastructure (e.g., utilities) is sufficient to accommodate the new development, in that the proposed development is located within an urbanized area that is already adequately served by existing City infrastructure. No new safety services or public infrastructure will be required by this project. 5, Reasonable mitigation measures have been included for all adverse impacts identified in an Initial Study or Environmental Impact Report, in that the proposed development was reviewed consistent with the California Environmental Quality Act (CEQA) and an Initial Study and Negative Declaration prepared. The Negative Declaration did not identify any environmental impacts associated with the project and therefore, no mitigation measures were incorporated. 6, The proposed use conforms precisely to the minimum requirements outlined in Section 9.04.16, Subchapter 9.04.16.01.030, in that the proposed project, as conditioned below, and shown on the plans submitted by the applicant, demonstrates compliance with all applicable provisions of the City of Santa Monica Zoning Ordinance. 7 DESIGN COMPATIBILITY PERMIT CONDITIONS Plans 1 This approval is for those plans reviewed by the Planning Commission on October 01, 2003, 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, The Plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3, Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Planning Division. 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 Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 6, Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 7. The existing mature trees shall be preserved in their present location on site, relocated to a specific location on site or replaced with specimen trees to the satisfaction of the Architectural Review Board. 8, Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. 9, The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities; scale and articulation of 8 design elements; exterior colors, textures and materials; window treatment; glazing; and landscaping. 10, Construction period signage shall be subject to the approval of the Architectural Review Board. 11 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. 12. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. 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. Unless 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 located on the roof. 13 No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. Fees 14. 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 unit(s) on the subject lot, per and subject to the provisions of Section 6.80.010 et seq. of the Santa Monica Municipal Code. Demolition 15, Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure shall be maintained and secure by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occu rs. 16, Unless otherwise approved by the Community and Cultural Services Department and the Planning Division, at the time of demolition, any street trees 9 shall be protected from damage, death, or removal per the requirements of SMMC Chapter 7.40. 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. 18, Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to insure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 19 No demolition of buildings or structure built 40 years of age or older shall be permitted until the end of a 60-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 demolition shall be approved until a final determination is made by the Landmarks Commission on the application. 20. The applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Environmental and Public Works Management/Environmental Programs Division. The report shall consist of a hazardous materials survey for the structure proposed demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a State Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a State Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the Industrial Hygienist shall include: mercury (in thermostats, switches, fluorescent lights); polychlorinated biphenyls (PCBs) (including light ballasts), fuels, pesticides, batteries. The report shall include a plan to abate such substances prior to receiving a demolition permit. Construction Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 22 Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of 10 Environmental and Public Works Management prior to issuance of the building permits. 23 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. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. 24. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Cultural Service Department and the City's Tree Code (SMMC Chapter 7.40). No street trees shall be removed without the approval of the Open Space Management Division. 25, A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved 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 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 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 nature and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction-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 construction 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. 26, Developer shall prepare a notice, subject to the review by the Director of Planning and Community Development, that lists all construction mitigation requirements, permitted hours of construction, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents within a 200-foot radius from the subject site at least five (5) days prior to the start of construction. 11 27. A sign shall be posted on the property in a manner consistent 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 construction at the project site. The pages shall be laminated 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.) 30 Parking areas and structures and other facilities generating wastewater with significant oil and grease content are required to pretreat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The General Services Department will set specific requirements. Building Permit plans shall show the required installation. Miscellaneous DCP Conditions 31 The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 32. 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 significance of the survey findings and appropriate actions and requirements, if any, to address such findings. 33, 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 Environmental and Public Works. 12 34, No fence, gate, or wall within the required front yard setback, inclusive of any subterranean garage slab and fencing, gate, 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. If 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 access 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. 36 Mechanical equipment shall not be located on the side of any building, which is adjacent to a residential building on the adjoining lot. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure. 37. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone. 38, Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed indoors, which may be heard outdoors. 39. No furniture shall be permitted on the rooftop decks above the second floor. This condition shall also be reflected in the CC & R's. Validity of Permits 40 In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 41 Within ten days of City 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 Conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, 13 applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 42, 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. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within two years from the permit's effective date. Exercise of rights shall mean issuance of a building permit to commence construction. However, the permit shall also expire if the building permit expires, if final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060. One twelve-month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards or the development process relevant to the project have changed since project approval. 43 Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Design Compatibility Permit. 44. Applicant is advised that projects in the California Coastal Zone may need approval of the California Coastal Commission prior to issuance of any building permits by the City of Santa Monica. Applicant is responsible for obtaining any such permits. Monitoring of Conditions 45. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the City Planning Division itself and other City divisions and departments such as the Building and Safety Division, the Department of Environmental and Public Works, the Fire Department, the Police Department, the Planning and Community Development Department and the Finance Department are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and that other responsible agencies are also informed of conditions relating to their responsibilities. Project owner shall demonstrate 14 compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions. Special Conditions 46, Prior to issuance of a Certificate of Occupancy and as required by the Department of Environmental and Public Works, the owner shall dedicate the rear 2.5' of the property for future alley widening to the satisfaction of the Department of Environmental and Public Works. 47 Pursuant to Ordinance 1589 (CCS), prior to receipt of the final permit necessary to demolish, convert, or otherwise remove a controlled rental unit(s) from the housing market, the owner of the property shall first secure a removal permit under Section 1803(t), an exemption determination, an approval of a vested rights claim from the Rent Control Board, or have withdrawn the controlled rental unit(s) pursuant to the provisions of the Ellis Act. 48 Prior to submittal to the Architectural Review Board, the north elevation of the project shall be reduced in height and mass. These changes in height and mass pertain to the northern elevation only. The heights of the units along the northern property line (Units 3, 5, and 7) shall not exceed twenty-three feet in height from the existing grade at the property line of the adjacent northern properties. Unit 1 complies with this requirement and may remain as designed. Unit 5 shall be used as the performance standard for Unit 3, and the two units shall be at the same height. Unit 3 shall be reduced in height, which will include the removal of the mezzanine level. Unit 7, which is located above the semi- subterranean garage, must be approximately twenty-three feet in height from the existing grade of the adjacent property. 49, The masonry wall adjacent to the parcel located on Arizona Avenue and Franklin Court shall not exceed eight feet in height. An additional four feet of wall may be permitted, but must be setback a minimum of two feet in order to create a terraced appearance to the wall. As measured from the northwest corner of the subject parcel, the total minimum height of the wall shall not exceed twelve feet. 50, Prior to submittal to Architectural Review Board, the applicant shall either remove the roof patios from Units 5 and 6 or shall reorient the roof patios to face towards the interior courtyard. Roof level spas shall only be permitted if the roof patios have been redesigned to face towards the interior courtyard. 51 All air conditioners shall have a minimum Seasonal Energy Efficiency Ratio (SEER) of 14. 15 52. The landscaping along the northern property line shall be designed to provide an adequate buffer between the project and adjacent neighboring properties, but shall not block natural sunlight to the adjacent neighbors when fully mature. Affordable Housinq Obliqation (effective Julv 21. 1998) 53. Pursuant to Santa Monica Municipal Code (SMMC) Chapter 9.56, the project is subject to the City's Affordable Housing Production Program which requires an eight-unit development to provide either one very low cost affordable unit(s) or two low cost affordable unit(s) on-site (SMMC Section 9.56.050), provide the affordable units off-site (SMMC Section 9.56.060), pay an affordable housing fee (SMMC Section 9.56.070), acquire land for affordable housing (SMMC Section 9.56.080). The developer has elected to satisfy the Affordable Housing Production requirement through payment of an affordable housing fee. The project's affordable housing fee is based on the following formula: Floor Area (as defined by SMMC Section 9.04.02.030.315) x $11.01 x applicable %. The project's floor area as shown on the plans dated 07/18/2003 is 12,426 square feet. The project's affordable housing fee based on this floor area would be $137,810.26. The fee will be recalculated prior to payment based on the actual building floor area of the project as constructed. The fee must be paid in full prior to the City granting any approval for the occupancy of the project. Prepared by: Suzanne Frick, Director Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Jonathan Lait, AICP, Senior Planner Marika A. Modugno, AICP, Associate Planner City Planning Division Planning and Community Development Department Attachments: A. Public Notice B. Appeal Statement ~ Planning Commission staff report dated May 21,2003 ~0\f\{)1 @ Planning Commission staff report dated August 06, 2003 (ff!-- 'It' /g! Planning Commission staff report dated October 01, 2003 _. 4."~ (\.....{'f\~~J r F. Resolution Adopting Negative Declaration ~ ~lJ'h 1.Jf7 -#q1Ull~ ~-1~Y ~~ ~. Negative Declaration a.nd Technical Memorandum for Additional ,...,('\ .! Shade Shadow AnalYSIS V' H. Project Plans l-IO'f WAtl..A6Lt: ~~ ~I./.,y _ ~};--~ I?:.L, /'/"'01/) .. I c.c: Vt/ y ~G ofF;~ 16 A11~u/tIrnErJl upIi I) NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Appeal 03APP015 1311 Centinela Avenue APPLICANT: Centinela Townhomes, LLC PROPERTY OWNER: Centinela Townhomes, LLC APPELLANT: Keva Rosenfeld A public hearing will be held by the City Council to consider the following request: Appeal of the Planning Commission's approval of a Design Compatibility Permit 02DCP006 to allow the construction of a new two-story, eight-unit townhouse style condominium with 18 subterranean parking spaces located in the R2 Low Density Multiple Family Residential District. The Council will also consider adopting a Negative Declaration for the proposed project in compliance with the California Environmental Quality Act (CEQA). DATE/TIME: TUESDAY, NOVEMBER 25, 2003, AT 6:45 p.m, LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting. Address your letters to: City Clerk Re: 03APP015 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Marika A. Modugno at (310) 458-8341, or bye-mail at marika-modugno@santa-monica.org. The Zoning Ordinance is available at the Planning Counter during business hours and on the City's web site at www.santa- monica.orQ. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPANOL Esto es una noticia de una audiencia publica para revisar applicaci6nes proponiendo desarrollo en Santa Monica. Si deseas mas informaci6n, favor de lIamar a Carmen Gutierrez en la Divisi6n de Planificaci6n al numero (310) 458-8341. APPROVED AS TO FORM: ~~.~~~ AMANDA SCHACHT Acting Planning Manager F :\PLAN\SHARE\COUNCI L \NOTICES\03APP015.doc 18 MatMrYBn+ Llf) \J City of Santa Monica Department of Planning and Community Development Planning and Zoning Division (310) 458-8341 APPEAL FORM Date Filed Received By Receipt No. e._k:t?~ C>~~ BRrr WI~S (l~' c.&j-r"lS'lA) 'N\v.=t w.~~ r1')\~ ~~\b1A) ~~~I \4\S1-\1\tJA'JA9-A (\3'~ ~"'€\..I\) \~~ '(fl"~'I t'~ll't ^-t.J~) Nam~ It-f\lA eo~~l...O ~ 12.2..\\ ML\~) Address ~~rl--.y A~(~t\ Mt" Contact Person \Lf\lA ~Os€Nf€U) Phone SIll) t2-\S .(h~'1- Please describe the project and decision to be appealed '3 - 1...f\)8- I ~... \)tJ I'" 1'l5\.)J N +-%~~ \J'1'l"\-\ ~ "N?~ I':t f.{ 'IB>of" . . --- I - Case Number ~d-.~c. "tiC) b I tl?TW\ ~D()1- Address \ 3 I \ c..~'ilrh8-A . A\JE Applicant CEY\"N8-A ~tJ U~.s~ I l..'- '- Original Hearing Date v~'t ~)~ ~~ '5 Original Action \/AQ...\ tlf E'/\ll~ t ~ f\~Q.\N~ ~ 1).([ A-~~'Th<, ~~ ~\ 1\IQ.SJJMCu~ \ C) O~ ~ ~ \~ \",CtWStS'T'OJ\ wrm Il\t C.l-l~A-ctF't_ ~O f~~\l..\1i ~ ~ f\.\FIC.{~l.\I2-~{> ~o -f\f1'> l?\!~f'O~J\: ""'JC _.~" ~- . .. R=a... '\l\1f\ ~~ ~~\L~I~i\ ~e;. ~1 "t\T r.J vJ~ J~ S~ I)\OW\tA NBCIt9t:.<l. ~~ A.-^J~ '\\-\1\-1- ~ c~~V-~ ~1~6\J S~,~'- "f \.JV\C1\-m M~ ('OVI.-1ffLlM11~----C , ~ irn ff' E))l~ ~\8<9ItRcQ.:s ?Q../'\JAc- '1. -- -- -. - - - --..... _______ _::=0-.. Please provide two self-addressed, stamped, letter-sized envelopes. Signature _ G. ~ ~ QQ Date 1(j~/Y~b3 20 ATTACHMENT G Negative Declaration and Technical Memorandum for Additional Shade Shadow Analysis [,' 86 (" Technical Memorandum FROM: RE: Marika Modugno, Associate Planner, City of Santa Monica Planning Division DATE: July 24, 2003 Brad Misner, AICP, Associate Planner, City of Santa Monica Planning Div. Jonathan Lait, AICP, Senior Planner, City of Santa Monica Planning Division Amanda Schachter, Principal Planner, City of Santa Monica Planning Div. Madonna Marcelo, Senior Planner 1311-1315 CENllNELA AVENUE TOWN HOMES --. ADDITIONAL SHADOW ANALYSIS TO: CC: INTRODUCTION On May 21, 2003, the proposed project was brought forth to the City of Santa Monica Planning Commission for approval and adoption of the Negative Declaration. However, the Planning Commission expressed concerns regarding potential shadow impacts of the proposed project on immediately adjacent residential properties to the north. In response to the Planning Commission's concerns, PCR Services conducted an additional shadow analysis to provide a more in-depth evaluation of shadow impacts resulting from the proposed project. In addition, the analysis considered potential shadows cast by the proposed housing development based on a revised project design, which reduced the building height, increased second story setbacks, and revised building articulation from the original proposal. Existing shadows were illustrated to characterize current conditions on and around the project site. METHODOLOGY Several factors were considered in developing the existing and proposed shadow diagrams, including the distance and location of adjacent residential properties, the height and mass of existing and proposed structures, and the building articulation provided by the proposed project. The shadow diagrams were prepared using a natural light rendering software to simulate shadows impacts based on a number of parameters, including, but not limited to, the sun's position, the time of day, and the time of year. The rendering software is based on a two-dimensional plane, which does not allow for consideration of structures and/or objects that may block shadow paths. In addition, the software does not account for topography or differences in elevations within a property or between properties. Therefore, the rendering provides a diagram of the shadows as they are cast in their entire length regardless of the presence of intervening structures and/or objects, or topography. & such, the analysis presents a worst-case scenario with regard to shadows. Shadow patterns were calculated for the following periods: · Summer Solstice: June 21,9:00 A.M. to 3:00 P.M. (see Exhibit A); and · Winter Solstice: December 21,9:00 A.M. to 3:00 P.M. (see Exhibit B). ~)'-87 Memorandum RE: 1311-1315 CENTINELA AVENUE TOWNHOMES -- ADDITIONAL SHADOW ANALYSIS These periods were selected since they represent the portion of the day during which maximum seasonal shading occurs and could be expected to be of concern to most people. Using the summer and winter solstice results in showing collectively the annual shadow pattern from the proposed project. The winter solstice is the shortest day of the year and represents the longest shadows that would occur from the project. The summer solstice is the longest day of the year and represents the shortest shadows that would occur. Topography can be an important factor when considering the impact of shadows because large differentials in elevation between the source of the shadow and adjacent uses will affect the length of the shadows cast. Shadows cast by buildings on land that is elevated above surrounding areas will extend into the surrounding areas to a greater extent than they will if there were no elevation differential, and vice-versa. Shadows cast upslope are shortened, while shadows cast downslope are lengthened. However, as indicated above, the software used for the shadow modeling does not account for topographical differences between the properties. A site reconnaissance was conducted to record site conditions, including topography (i.e., variations in site elevation), setbacks of structures on the adjacent properties, sun-sensitive outdoor areas, building heights, building orientation, and roof types (e.g., flat/sloped and angles). In addition, the extent of landscaping, type and denseness, were also noted (see photographs in Exhibit A). While the existing trees and landscaping were observed to contribute to some degree of shading in the area, existing landscaping was not considered in this analysis to present the worst-case conditions (i.e., unfiltered light and solid shadows). However, the existing landscaping is described below under existing conditions. ExISTING CONDmONS Based on the site reconnaissance, the setbacks of the structures on the adjacent properties indicated on the project site plan submitted to the City were greater than the distances observed. The setbacks for the structures on adjacent properties are less than three feet from the common property line, as illustrated in the site plan used for the shadow analysis (see Exhibits A and B). In addition, the outdoor area between the two-story single-family structure and the two-story multi-family structure is covered with a trellis-type structure (see top photographs in Exhibit B). Therefore, this area is currently shaded. Another outdoor area between the two-story single-family structure and the one- story single-family residence was noted. This area contains an outdoor patio and a yard, which is landscaped with large trees and potted plants (see bottom right photograph in Exhibit B). Some of the existing trees along Centinela Avenue were estimated to reach a maximum height of 50 feet with canopies that widen to a maximum of 30 feet in diameter (see photographs in Exhibit A). Some of the larger trees on-site and on the adjacent properties to the north were estimated to be between 18 and 20 feet in height with canopies of approximately 10 to 15 feet in diameter. In PCR Services Corporation Page 2 July 24,2003 4Illa ., Memorandum RE: 1311-1315 CENTINELA AVENUE T01NI~HOMES -- ADDITIONAL SHADOW ANALYSIS addition, the project site and adjacent properties slope down from Centinela Avenue to Franklin Coun by approximately 14.5 feet. The existing rear unit (1311 Centinela Avenue, Apanment C) closer to Arizona Avenue, while only approximately 18 feet in height, is situated at a higher elevation than the adjacent single-family residence. Therefore, as shown in the top right photograph in Exhibit A, this rear unit is considerably higher (approximately 10 feet) than the adjacent single- family residence located at the southeast corner of Arizona Avenue and Franklin Coun. Consequently, areas immediately north of the project site are currently experiencing morning to mid-day shading from existing structures on-site and existing landscaping and vegetation on and off the project site. In particular, the single-family residence at the corner of Arizona Avenue and Franklin Court currently experiences shading for more than three hours, especially during the WInter. THRESHOLD OF SIGNIFICANCE The issue of shade/shadow pertains to the blockage of direct sunlight by on-site buildings, which affects adjacent property. While shading can be an important environmental issue, the CEQA Guidelines do not address visual quality impacts with respect to shadows. However, shading is considered imponant because the users or occupants of certain land uses, such as residences, have expectations for direct light and warmth from the sun. Such land uses are termed "shadow- sensitive." Therefore, the purpose of considering shadows is to identify areas that would be impacted by shadows. Such areas include those that may be used for solar energy, such as a rooftop or south-facing fas:ade, and outdoor areas that serve as passive or active recreational areas. However, it should be recognized that the significance of shade and shadow effects is somewhat subjective and depends on a number of factors, including the presence of south-facing walls and rooftop locations where solar equipment may be installed, the size of outdoor usable space, receptor sensitivity to sunlight, receptor preference (i.e., some receptors may prefer to stay indoors or spend a greater portion of daylight hours outdoors to enhance their daily activity), climatic conditions (i.e., some receptor may prefer shade and shadow during warmer weather), and the intensity of shading. Since the CEQA Guidelines do not provide a specific significance threshold, the following factors will be used to assess the potential impacts of the proposed project: · Affected land use (necessity and critical imponance of direct sunlight for the use); Duration (hours per day the use would be shadowed); Time of day (critical time period for direct sunlight); Season (time of year the use would be shadowed); and Pre-existing condition (shadow conditions due to existing buildings, landscaping, or other features). PCR Services Corporation Page 3 July 24, 2003 }I.'89 Memorandum RE: 1311-1315 CENTlNELAAVENUE TOWNHOMES -- ADDITIONAL SHADOW ANALYSIS Based on these factors, a project impact would normally be considered significant if shadow-sensitive uses would be shaded by project-related structures for more than three hours between the hours of 9:00 A.M. and 3:00 P.M. between late October and early April, or for more than four hours between the hours of9:00 A.M. and 5:00 P.M. between early April and late October. This threshold is consistent with other environmental documents reviewed and adopted by the City. SHADOW ANALYSIS The revised project would result in buildings with a maximum height of 30 feet, which would be a change from the existing one-story bungalows that are approximately 12 to 18 feet in height. The 30-foot maximum height is limited to the peaks of the pitched roofs of Units #5 and #6. The peaks of the pitched roofs are setback from the edge of the building (closer to the courtyard). Building heights on the northern and southern fa<;ades would vary between 20 and 28 feet. The project has also been revised to increase the building articulation along the northern fas:ade as well as to increase the building setback in the central portion of the building, just south of the two-story single-family residence to the north. The shadow diagrams showing the proposed conditions reflect the proposed detailed building articulation, including pitched roofs, second story setbacks, roof angles, and building heights based on the revised site plans provided by the project applicant. Exhibits A and B illustrate the shadow patterns for the proposed project during the summer and winter solstices, June 21 and December 21, respectively. These exhibits show the project's predicted length of shadows from 9:00 A.M. to 3:00 P.M. As shown in Exhibit A, shadows cast by the proposed project on the summer solstice Gune 21) would extend across the project site boundary onto adjacent residential properties. The new shadows would be limited to no more than three hours of shading off-site and would be contained within the project site boundaries after 11:00 A.M. during the summer. As such, existing and new shadows cast throughout the day would not occur over a significant period of time and would be below the threshold stated above. It should be noted that because of the larger setback provided by the proposed project, the shadow that would be cast over the one-story single-family residence at the corner of Arizona Avenue and Franklin Court would be limited to a maximum of one hour between 9:00 A.M. to 10:00 A.M. This would be less than the existing shadow, which does not fully recede until 12:00 P.M. As a result, this particular residence would gain at least two hours of sunlight with the proposed project. Therefore, the project would not result in a significant impact during the summer solstice. As shown in Exhibit B, shadows cast by the proposed project on the winter solstice (December 21) would extend across the project site boundary onto adjacent residential properties and onto Arizona Avenue. Although the shadows would be longer during the morning hours with the proposed project than those cast by the existing bungalows, the duration of shading is not measurably different from existing conditions. In some areas (i.e., near the corner of Arizona Avenue and Franklin PCR Services Corporation Page 4 July 24, 2003 90 Memorandum RE: 1311-1315 CENTINELA AVENUE TO\IVNHOMES SHADOW ANALYSIS ADDITIONAL Court), shadows are less with the proposed project. The shadow diagram for the proposed conditions indicates shading of small portions of the adjacent properties for more than four hours. The new shadows resulting from the proposed project would be limited to a maximum of one hour between 1:00 P.M. and 2:00 P.M. in areas that are approximately six feet in width between the project site boundaries and the adjacent two-story residences. New shadows in these areas would not likely fall across the roof of the two-story residences and would not block potential solar rooftop access. These temporarily shaded areas are also not considered usable outdoor spaces and could not physically be used for passive or active recreation. As such, these portions of the adjacent properties are not considered shadow-sensitive. As shown in Exhibit B, the yard between the one-story single-family and the two-story single-family, which is considered usable outdoor space for recreational purposes, would primarily be free of shadows by 1 :00 P.M., while existing shadows do not fully recede off that particular area until past 2:00 P.M. during the winter solstice. As a result, the one-story single-family residence and the adjacent yard would gain one to two hours of sunlight during the winter solstice with the proposed project. As indicated above, the yard between the two-story single-family structure and the two- story multi-family structure is covered with a trellis-type structure and, therefore, does not receive sunlight. Accordingly, this area is not considered shadow-sensitive. Based on the type of toofing and the existing shadows from landscaping, it is unlikely that this area would be used for solar access. In consideration of these different conditions resulting from the proposed project, new shadows cast by the project during the winter solstice are considered to be less than significant. As can be seen from the exhibits, the project would cast shadows to the east in the afternoon from 1:00 P.M. and 3:00 P.M., particularly during the winter solstice. The longest shadow is predicted to be approximately 75 feet from the property line, which would be cast across CentinelaAvenue onto the existing parkway and sidewalk on the east side of street. However, these shadows would be limited within the public right-of-way and would not reach the shadow-sensitive residential structures across Centinela Avenue. Therefore, no significant impacts to these uses would occur. CONCLUSION As determined above, the proposed structures would result in shadows cast on adjacent properties. Shadow-sensitive areas were identified to include south-facing walls and rooftops, which have the potential to accommodate solar equipment, and the yard between the one-story single-family and two-story single family, which is considered usable outdoor space for recreational purposes. Based on the above analysis for the revised project, these shadow-sensitive areas on adjacent properties would not be shaded by project-related structures for more than three hours between the hours of 9:00 A.M. and 3:00 P.M. during the winter solstice, or for more than four hours between the hours of 9:00 A.M. and 5:00 P.M. during the summer solstice. Therefore, project-related shadows are considered to be less than significant. PCR Services Corporation Page 5 July 24, 2003 91 Existing Conditions ARIZONA AVENUE Two-Story Single-Family Two-Story Multi-Family I- t!:: ::::J o C:I 2: :::; ~ z tZc liL Proposed Conditions ~~ Two-Story Single-Family ~;.; L,._ :::1 8 ? ._J ~ Z ~ u. ""~.I ~ Two-Story Multi-Family w ::) Z w ?f Ji Feet Exhibit A Existing and Proposed Project Summer Solstice Sly.do~ . l) I.J ~ I- 0:: ::> o u z ::::; ~ ~ u.. ,.,I'd" =:1 .;J.. z: '1; w: u.. .;-.:t; ,=1 ~ F" Z' W U "'K.' ~ Exhibit B Existing and Proposed Project Winter Solstice Shadows ULQ1 ~{j frr:r~l