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SR-011304-1F PCD:SF:AS:JL:MM:F:\PLAN\SHARE\COUNCIL\STOAS\2003\03APP015 1311 CENTINELA.doc Council Mtg: January 13, 2004 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Certification of the Statement of Official Action Adopting Negative Declaration 02-006 and Denying Appeal 03APP015 Upholding the Planning Commission’s Approval of Design Compatibility Permit 02DCP006, to Allow the Construction of a Two-Story, Eight Unit Townhouse Style Condominium Project with Eighteen Parking Spaces Located in a Subterranean Garage located at 1311 Centinela Avenue. Applicant: Centinela Homes, LLC; Appellant: Keva Rosenfeld. INTRODUCTION This staff report transmits for City Council certification the Statement of Official Action for Appeal 03-015 of the Planning Commission’s Approval of Design Compatibility Permit 02DCP006 and adoption of the Final Negative Declaration 02-006, to allow the construction of a two-story, eight (8) unit townhouse style condominium development with eighteen parking spaces located in a subterranean garage located at 1311 Centinela Avenue. On November 25, 2003, the City Council upheld the Planning Commission’s approval of this application adopting a negative declaration and approving the project with certain conditions regarding the height of the exterior walls of Units 3, 5, and 7 as measured from a neighbors’ adjacent grade. The City Council’s decision was based upon the findings contained in the attached Statement of Official Action. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is recommended that the City Council approve the attached Statement of Official Action. Prepared by: Suzanne Frick, Director Amanda Schachter, Acting Planning Manager Jonathan Lait, AICP, Senior Planner Marika A. Modugno, AICP, Associate Planner City Planning Division Planning and Community Development Department Attachment: Statement of Official Action CITY OF SANTA MONICA CITY COUNCIL PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Appeal 03-015 LOCATION: 1311 Centinela Avenue APPLICANT: Centinela Homes, LLC APPELLANT: Keva Rosenfeld PROPERTY OWNER: Centinela Homes, LLC CASE PLANNER: Marika A. Modugno, AICP, Associate Planner REQUEST: Appeal of Planning Commission’s approval of Design Compatibility Permit 02DCP006 and resolution adopting Final Negative Declaration 02IS-006 to allow the construction of a two-story, eight unit townhouse style condominium project with eighteen parking spaces located in a subterranean garage. CEQA STATUS: Pursuant to 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. The Initial Study/Negative Declaration concluded that the project would have a less than significant impact, or no impact in all environmental study areas. The Negative Declaration was adopted by the City Council on November 25, 2003. CITY COUNCIL ACTION: November 25, 2003 Public Hearing Date. Approved based on the following findings and subject to the November 25, 2003 conditions below: EFFECTIVE DATE OF ANY PERMTS GRANTED: November 25, 2003Design Compatibility Permit 02-006 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit. Twelve MonthsDesign Compatibility Permit 02-006 Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. DESIGN COMPATIBILITY PERMIT FINDINGS 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 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 façade 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. 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 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 occurs. 16. Unless otherwise approved by the Community and Cultural Services Department and the Planning Division, at the time of demolition, any street trees shall be protected from damage, death, or removal per the requirements of SMMC Chapter 7.40. 17. 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 21. 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 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. 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. 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, 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 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 exterior wall 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 to the top of the exterior wall 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. 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 Housing Obligation (effective July 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. VOTE Adoption of Design Compatibility Permit 02-006, as amended and Final Negative Declaration (02IS-006) Ayes: Feinstein, Genser, Holbrook, Katz, O’Connor, Mayor Bloom Nays: McKeown Abstain: Absent: NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, 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 1.16.010. I hereby certify that this Statement of Official Action accurately reflects the final determination of the City Council of the City of Santa Monica. \s\__________________________ _____________________________ MARIA M. STEWART, City Clerk Date 01DCP006 – 1311 Centinela Avenue 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 F:\PLAN\SHARE\COUNCIL\STOAS\2003\03APP015 1311Centinela.doc