SR-404-001 (59)
PCD:SF:JT:AS:JL:f:\plan\share\council\strpt\2002\02APP023B.doc
Council Mtg: June 10, 2003 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal 02-023 of the Planning Commission’s Decision to Deny Design
Compatibility Permit 01DCP-013 and Vesting Tentative Tract Map 53675
(02TM-011) for a New 17-Unit Residential Condominium Project Located
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at 1544 7 Street. Applicant/Appellant: 1544 7 Street, LLC
INTRODUCTION
This report recommends that the City Council uphold the appeal and approve the
redesigned project shown as Option 2 on the attached plans. On January 14, 2003 the
City Council considered the appeal and directed staff to evaluate impacts to the project
in terms of unit count and size, resulting from a redesigned parking plan. To facilitate
this request, the applicant presented four options to staff for evaluation and comment.
The alternatives also include modifications to address massing and pedestrian-oriented
design concerns. Staff believes Option 2 best addresses City Council concerns related
to driveway access, pedestrian orientation and unit mix.
BACKGROUND
Background
The proposed project is an in-fill development replacing a 17 unit apartment building
with 17 condominium units. The project has been designed to the maximum 50 foot
height limit and is four stories tall. The overall height and scale of the building is
comparable to other existing improvements in the general vicinity.
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The Planning Commission and City Council, on appeal by the applicant, previously
considered the subject application. Key areas of concern by both reviewing bodies
related to a few, but significant, urban design issues. The project as originally designed
provided minimal building setbacks at the ground level and included an architectural
element at the upper fourth level deck that increased the perceived building mass. The
design also incorporated a driveway access from Seventh Street, which disrupted the
pedestrian experience and raised safety concerns for pedestrians as vehicles exited
from the subterranean garage. In addition, the City Council, while concerned about
these urban design issues, also expressed concern that plan modifications to address
these issues may impact the number of dwelling units that could be provided on site. To
further understand the impacts of a redesigned project, the Council directed staff to
work with the applicant to evaluate design options.
ANALYSIS
Four options have been presented for consideration. Options 1 and 4 continue to
provide vehicular access from both Sixth Court and Seventh Street. Options 2 and 3
provide Sixth Court only vehicular access. The following analysis provides a discussion
of the key issues as well as a review of the four design options.
Building Mass
As originally presented, the building was setback approximately five and one half feet
from the Seventh Street property line at the ground level. The second and third levels
were designed to extend to the property line, articulated as necessary to comply with
applicable upper level stepbacks, with the fourth and fifth levels further articulated. In
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addition, the design included a framed architectural feature above the fourth floor deck
that further reinforced the building’s mass and minimized the transition in scale to the
adjacent building to the south. The Planning Commission’s concern with this design was
that it contributed to a canyonization effect in the neighborhood, unnecessarily added
building mass, and resulted in a less friendly pedestrian experience. While clearly
concerned with the building’s relationship to adjacent structures, the City Council
discussion was substantially focused on other issues.
To address these massing concerns, the applicant revised the front elevation to include
greater setbacks at all levels and removed the framed architectural element. These
modifications provide a greater transition between the two adjacent structures and help
to reduce the perceived building mass. Options 2, 3 and 4 illustrated these changes.
Option 1 is substantially similar to the original design but no longer includes the framed
architectural element. Based on the varied floor plans, the amount of setback area at
the ground floor fluctuates. However, staff believes Options 2, 3 and 4 more directly
address the Planning Commission’s concerns, and combined with landscaping, will help
soften the building’s mass.
Pedestrian Orientation
A majority of both the City Council and the Planning Commission expressed concern
about how the project relates to the overall pedestrian experience on Seventh Street.
While staff recognizes that there are many curb cuts on Seventh Street, it is the City’s
goal to enhance pedestrian orientation and minimize pedestrian conflicts with vehicles
exiting on-site parking. This goal is reinforced by Circulation Element Policy 4.3.7, which
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encourages mid-block properties with alley access to provide vehicular access only
from the alley. Staff does not support design options that use street access when other
feasible solutions using the alley are available. More specifically Option 1, which is
substantially similar to the project reviewed by the City Council, and Option 4, which is
the reverse floor plan presented in Option 1, conflict with this objective. It should be
noted, however, that Option 4 is an improvement over Option 1 because the Seventh
Street curb cut accesses grade level parking as opposed to subterranean parking. This
improves line of site visibility between motorists and pedestrians. However, because
motorists would still need to cross the sidewalk, conflicts with pedestrians would remain
and staff cannot recommend this option. Alternatives without street access combined
with additional building stepbacks enhance pedestrian orientation and are preferred
design solutions.
Parking / On Site Circulation
The number of parking spaces that can be accommodated on a parcel determines, in
part, the number and size of residential units that could be constructed on a lot. The
number of bedrooms in a unit determines how many parking spaces are required. A
studio condominium unit requires one covered space; a unit with one or more bedrooms
requires two covered parking spaces. In addition, guest parking spaces calculated at a
rate of one space per five units are also required.
Based on the applicant’s original design of 12 studio units and 5 two bedroom units, a
total of 25 parking spaces are required. The applicant provided these parking spaces at
grade level, accessed from the alley, and in one level of subterranean parking,
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accessed from Seventh Street. Restricting access to on site parking from the alley only
reduces the number of parking spaces that can be accommodated on site. A design that
provides grade level parking and one level of subterranean parking yields only 20
spaces. For a 17 unit project, three spaces would be dedicated to guest parking leaving
17 spaces for 17 studio condominium units (1 space per unit). This design scheme is
illustrated in Option 3. A design that includes at grade parking and two levels of
subterranean parking yields 24 parking spaces. Based on a 17 unit project, three
spaces would be dedicated toward guest parking, leaving 21 spaces for the residential
units. In this example, four two bedroom units (8 spaces) and 13 studio units (13
spaces) could be provided on site. This design scheme is illustrated in Option 2.
Variations to unit size could increase the number of two bedroom units, but reduce the
overall number of units provided on site. However, construction costs associated with
the additional level of subterranean parking is approximately $400,000 to $500,000.
While construction costs are not typically a consideration in the Council’s evaluation of
private development projects, such costs are certainly factors considered by the
applicant.
Project Alternatives
The applicant has provided four alternatives, based on its own analysis and staff
comments. The applicant prefers the original design, which is represented in Option 1
and does include minor modifications at the front façade. Option 1 is more economical
for the applicant and yields the greatest number of larger two bedroom units.
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All alternatives would require approval of an administrative variance to allow driveways
on the subject property to be located within 24 feet of another driveway on an adjacent
parcel. Staff has evaluated this condition and supports this modification where it occurs
on the alley. This support is based on the applicant’s inability to provide a driveway that
meets the 24 foot specification and still provide alley access, as encouraged by the
Circulation Element. Further, staff believes no safety standards would be compromised
by this modification.
Option 1. This alternative provides 17 units, 12 studios and five two bedroom units. At
grade parking is accessed from Sixth Court and one level of subterranean parking is
accessed from Seventh Street, for a total of 25 parking spaces. This design is
substantially similar to the project reviewed by the City Council in January, but does
include façade modifications at the fourth level to address massing concerns. This
design does not address larger building mass issues raised by the Planning
Commission and has driveway access from Seventh Street which disrupts pedestrian
orientation and results in vehicular and pedestrian conflicts. Staff does not support this
alternative.
Option 2. This alternative provides 17 units, 13 studios and four two bedroom units. At
grade parking and two levels of subterranean parking is accessed from Sixth Court, for
a total of 24 parking spaces. This design includes greater building setbacks at the front
façade, more landscaping, and enhances the pedestrian experience adjacent to
Seventh Street while maximizing the number of larger units as encouraged by the City
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Council. However, this design includes parking within the front 40 feet of the parcel,
which must be included in the building floor area calculations. As a result, upwards of
400 square feet from the project floor area may need to be removed. While this will
require project modifications, given the relatively large size of the units, staff does not
believe that this change would require a reduction in the number of units. Staff
recommends the City Council approve the project based on this alternative.
Option 3. This alternative provides 17 studio units. At grade parking and one level of
subterranean parking is accessed from Sixth Court, for a total of 20 parking spaces.
This design also provides additional building setbacks at the front façade, more
landscaping, and enhances the pedestrian experience adjacent to Seventh Street, but
does not provide larger two bedroom units. As a result, this option reduces the number
of family sized units, which is contrary to the City Council direction. Staff does not
support this design alternative.
Option 4. This alternative provides 17 units, 15 studios and two, two bedroom units. At
grade parking is accessed from Seventh Street and one level of subterranean parking is
accessed from Sixth Court, for a total of 22 parking spaces. This is a reverse design
from Option 1. However, this design incorporates additional building setbacks adjacent
to Seventh Street. The project still results in vehicular and pedestrian conflicts and
disrupts the pedestrian experience. This option also reduces the number of two
bedroom units available on site. Staff does not support this alternative.
While staff and applicant have considered each alternative carefully, changes required
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during the plan check process may necessitate minor modifications to the overall project
bedroom mix. Staff has added a condition to provide flexibility in these areas should
modifications be required (Condition 4).
CEQA STATUS
The project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant Section 15332 (Class 32) of the State Implementation
Guidelines. Specifically, projects that are consistent with the applicable general plan
designation and zoning regulations, that are not located on a site greater than five acres
in an urbanized environment or supports habitats for rare, threatened or endangered
species, that are adequately served by existing infrastructure and that will not result in
any significant effects relating to traffic, noise, air and water quality, are exempt from
CEQA. Included as an attachment to the Planning Commission staff report (Attachment
B), is an evaluation of the project’s compliance with these criteria.
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 D.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
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Conclusion
Staff and applicant have evaluated project alternatives to address Council concerns.
The applicant supports the original project with minor changes that are reflected in
Option 1. Staff believes Option 2 is a superior design because it achieves the
applicant’s objectives while enhancing urban design and pedestrian safety on Seventh
Street. Further, this design continues to provide larger two bedrooms units as
encouraged by the City Council.
RECOMMENDATION
It is recommended that the Council uphold Appeal 02-021, approving Design
Compatibility Permit 01DCP013 and Vesting Tentative Tract Map 53675 (02TM-011),
based on the following findings, and subject to the following conditions.
TENTATIVE PARCEL/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 the project conforms to the
provisions of the C3 District development standards of the Zoning Ordinance
and the General Commercial land use designation in the Land Use Element of
the General Plan.
2. The site is physically suitable for the proposed type of development, in that the
subject parcel is a standard-sized parcel with no unusual characteristics. The
property is located within an urbanized environment that is adequately served
by existing facilities and infrastructure.
3. The site is physically suitable for the proposed density of development, in that a
7,500 square foot parcel is the subject block of the C3 District can
accommodate up to 15,000 square feet of building area with provisions for
residential units being calculated at 50%. There is no limitation to the number of
units allowed on the parcel.
4. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
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wildlife or their habitat, in that the proposed development is an infill development
within an urbanized environment and does not currently support fish or
significant wildlife.
5. The design of the subdivision or the type of improvement will not cause serious
public health problems, in that the proposed development complies with the
provisions of the Zoning Ordinance and the General Plan.
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 no such easements exist on the
subject site and the property has vehicular access from Sixth Court and
pedestrian access from Seventh Street.
DESIGN COMPATIBILITY PERMIT FINDINGS
1. The physical location, size, massing and placement of the proposed structure on
the site and the location of proposed amenities within the project, as conditioned,
is compatible with and relates harmoniously to surrounding sites and
neighborhoods. Specifically, the subject property is located within an urbanized
commercial environment and is adjacent to other properties that contain existing
structures that are comparable in height, size and massing to that which is
proposed in the subject application. The subject property is surrounded by three
and four story buildings to the north and south, respectively, and a five-story
residential building directly across the alley. The project incorporates articulated
façade elements adjacent to the public street and pedestrian amenities such as
landscaping, exterior lighting, recessed entries and a bench. The stair and
elevator projections above the height limit are located near the taller building to
the south, which has been designed with a standing seam metal roof to match a
similar feature used on the front façade of the building.
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. Specifically, the proposed structure complies
with all applicable provisions of the City of Santa Monica Municipal Code and the
City’s General Plan, which are two land use documents that the City uses to
ensure projects do not detrimentally impact public interest, health and safety. As
an in-fill development within an urbanized environment, and after evaluation of
potential impacts to traffic, noise, air and water quality, consistent with Section
15332 of the CEQA Guidelines, it is not anticipated the project would have the
potential to degrade or otherwise compromise the integrity or general welfare of
the community.
3. The rights-of-way can accommodate autos and pedestrians, including adequate
parking and access, in that, as conditioned, pedestrian access to the site would
be provided from Seventh Street, which is a collector street at the project
location, and vehicular access would be provided from Sixth Court, a 20-foot
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wide alley. An evaluation of existing street systems, levels of service and
anticipated trip generation from the project shows that there is no net increase in
traffic generation caused by the proposed project as compared to the existing
improvements. Therefore, while existing street segments may vary in the level of
service, existing street systems exist and will not be impacted by the proposed
project.
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 is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant Section 15332 of the CEQA
Guidelines and therefore, no Initial Study or Environmental Impact Report was
prepared and thus no mitigation measures generated.
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 identified as Option 2 and presented to the City
Council on June 10, 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 Manager.
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.
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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. Plans for final design, landscaping, screening, trash enclosures, and signage
shall be subject to review and approval by the Architectural Review Board.
8. 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. All building glazing shall be clear glazing.
9. The Architectural Review Board, in its review, shall pay particular attention to the
extensive use of stucco siding and shall require additional complementary
materials and architectural detailing as necessary to enhance the aesthetic
design.
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.
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14. Prior to the Architectural Review Board’s review, the applicant shall remove the
framed architectural element at the fourth floor deck adjacent to the southern
property line.
Fees
15. 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
16. Until such time as the demolition is undertaken, and unless 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 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.
17. 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 Ordinance
1242 (CCS).
18. 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.
19. 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.
20. 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.
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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.
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. 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
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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.
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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 soundrated 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.
Validity of Permits
39. 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.
40. 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.
41. This determination shall not become effective until a final determination is made
on the appeal. 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
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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 relevant to the
project have changed since project approval.
42. 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
Conditional Use Permit.
Special Conditions
43. 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.
44. Prior to issuance of a building permit, the applicant shall submit, for City review
and approval, a deed restriction or other legal instrument setting forth the
residential use requirements for the project. Such restrictions shall be effective
for the life of the project.
45. All vehicular access to the property shall be provided with a driveway adjacent to
Sixth Court alley, subject to review and approval from the Director of Planning
and Community Development Department. No driveway or vehicular access is
permitted from Seventh Street.
Affordable Housing Obligation (effective July 21, 1998)
46. 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
17-unit development to provide either two very low cost affordable unit(s) or four
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 10/22/02 is 27,661
square feet. The project’s affordable housing fee based on this floor area would
be $304,548. The fee will be recalculated prior to payment based on the actual
17
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.
TENTATIVE PARCEL/TRACT MAP CONDITIONS
47. 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 engineer and approved by the City Engineer.
48. A subdivision improvement agreement for all off site improvements required by
the City Engineer shall be prepared and a performance bond posted through the
City Attorney's office.
49. The tentative map shall expire 24 months after approval, except as provided in
the provisions of California Government Code Section 66452.6 and Subchapter
9.20.18 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.
50. In submitting required materials to the Santa Monica Engineering Division for a
final map, applicant shall provide a copy of the approved Statement of Official
Action.
51. Prior to approval of the final map, Condominium Association By-Laws (if
applicable) and a Declaration of CC & R's shall be reviewed and approved by the
City Attorney. The CC & R's shall contain a non-discrimination clause as
presented in Section 9.20.20.020 (SMMC) and in the case of condominiums,
contain such provisions as are required by Section 9.04.16.01.030(e)(SMMC).
52. The developer shall provide for payment of a Condominium Tax of $1,000 per
saleable residential unit per the provisions of Section 6.76.010 et seq. of the
Santa Monica Municipal Code.
53. The form, contents, accompanying data, and filing of the final subdivision map
shall conform to the provisions of Sections 9.20.12.010 through 9.20.08.090
(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.
54. The form, contents, accompanying data, and filing of the final parcel map shall
conform to the provisions of Sections 9.20.12.010 through 9.20.12.080 (SMMC)
and the Subdivision Map Act.
55. One mylar and one blue-line copy of the final map shall be provided to and
recorded with the Los Angeles County Recorder prior to issuance of any building
permit for a condominium project pursuant to Government Code Section
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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.
56. A copy of the recorded map shall be provided to the City Planning Division before
issuance of a Building Permit.
57. Pursuant to Section 9.20.14.070 (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.
Prepared by: Suzanne Frick, Director
Jay M. Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Jonathan Lait, AICP, Senior Planner
Planning and Community Development Department
ATTACHMENTS: A. Appeal Statement, dated November 25, 2002
B. City Council Report, dated January 14, 2003
C. Planning Commission Report, dated November 20, 2002
D. Planning Commission Statement of Official Action, dated
November 20, 2002
E. Public Notice
F. Architectural Plans (Options 1-4)
G. Vesting Tentative Tract Map No. 53675
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ATTACHMENT A
Appeal Statement, dated November 25, 2002
Electronic version of attachment is not available for review. Document is
available for review at the City Clerk’s Office and the Libraries.
20
ATTACHMENT B
City Council Report, dated January 14, 2003
21
PCD:SF:JT:AS:JL:f:\plan\share\council\strpt\2002\02APP023.doc
Council Mtg: January 14, 2003 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal 02-023 of the Planning Commission’s Decision to Deny Design
Compatibility Permit 01DCP-013 and Vesting Tentative Tract Map 53675
(02TM-011) for a New 17-Unit Residential Condominium Project Located
thth
at 1544 7 Street. Applicant/Appellant: 1544 7 Street, LLC
INTRODUCTION
This report recommends that the City Council uphold the appeal and approve the
proposed project with new conditions requiring redesign and elimination of a street
driveway access in response to concerns raised at the Planning Commission hearing.
The Planning Commission, at its November 20, 2002 meeting, unanimously denied the
project based on inconsistencies with the City’s General Plan and the project’s lack of
pedestrian orientated design features. The applicant appealed this determination. The
appeal statement is contained in Attachment A, the Planning Commission staff report is
contained in Attachment B, and the Planning Commission Statement of Official Action is
contained in Attachment C.
BACKGROUND
Background
th
The subject property, located at 1544 7 Street is zoned C3 and located in an area that,
in recent years, has experienced a considerable amount of new development. Buildings
in this part of Downtown may extend up to 50-feet tall and be five-stories in height,
provided at least one floor of residential housing is included. The age and size of
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structures in the immediate neighborhood vary. Adjacent to the subject property are
three story buildings to the north and south, a four story building across Seventh Street
to the east and a five story building across the alley to the west.
Proposed is the construction of a new five story, 17-unit residential condominium
project. The site is currently developed with a two-story, 17-unit apartment building,
which was removed from Rent Control via the Ellis Act on July 2, 2002.The proposed
27,661 square foot, five story structure contains 12 studio and five, two-bedroom,
condominium units. Parking is provided on two levels, at-grade and within a
subterranean garage. The at-grade parking is accessed from Sixth Court, a one-way
alley that is 20 feet wide. This parking area accounts for 11 of the 25 required parking
spaces. The remaining 14 spaces are located below grade and are accessed from
Seventh Street. There is no internal vehicular access on-site between the two parking
areas.
The Planning Commission expressed concerns about the design and offered the
applicant the opportunity to redesign the project. The applicant chose not to redesign
and requested project denial. The Commission denied the applications based on
concerns that the project did not comply with the Land Use and Circulation Element of
the General Plan and expressed general concern about the design of the building.
On November 25, 2002, the applicant appealed the decision. The appeal asserts that
the project complies with applicable municipal regulations and the General Plan.
Further, the applicant raised concerns about whether they received a fair and impartial
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hearing.
ANALYSIS
Planning Commission Action
The Planning Commission’s concerns with the project focused primarily on pedestrian-
oriented design considerations and building massing, including concerns regarding the
dual driveway approach from Seventh Street and the alley, and the project’s transition
or relationship to adjacent structures and the street. The Commission believed allowing
the front driveway was contrary to the General Plan and resulted in the potential for
vehicular/pedestrian conflicts and detracted from the pedestrian nature of the street.
Specifically, the Commission cited inconsistencies with Circulation Element Policy 4.3.7
of the General Plan, which encourages mid-block properties with alley access to provide
vehicular access only from the alley.
The Planning Commission also considered the design to be boxy, containing flat
facades that increased the perceived mass of the building, and stated that it lacked
articulation at the second and third floor levels, which contributed to the building’s mass
and detracted from a pedestrian-oriented design. Moreover, the design lacked creativity
and did not provide an effective transition that related well to the architectural style and
massing of adjacent buildings.
Appeal Analysis
The applicant contends that the project is consistent with applicable municipal
regulations and complies with the goals and policies of the General Plan. While
acknowledging that Circulation Element Policy 4.3.7 encourages mid-block properties to
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provide alley access, the applicant argues that it is neither a requirement of the General
Plan nor the Zoning Ordinance to prohibit street access at this location. With regard to
the pedestrian oriented design concerns expressed by the Planning Commission, the
applicant maintains that the project complies with relevant code requirements and that
the design is consistent with various Land Use policies of the General Plan. Specifically,
the applicant argues, the project incorporates articulated façade elevations, exterior
lighting, recessed entries, clear glazing, landscaping, a bench, and balconies on the
upper levels, which are also stepped back further from the front property line consistent
with municipal requirements.
Regarding the Planning Commission’s concern related to additional articulation at the
second and third floor specifically, and the project’s relationship to the street generally,
the appeal statement references Land Use Element Policy 3.3.3, which encourages
commercial developments to be constructed at the front property line to reinforce the
urban character and enhance the pedestrian environment.
The applicant also expressed concern that he did not receive a fair hearing at the
Planning Commission, after discovering a hand written note on one of the returned
architectural plans expressing animosity toward the applicant. A copy of the note is
attached to the appeal statement.
Driveway Access, Pedestrian-Orientation and Building Mass
After the Planning Commission meeting, staff reevaluated the project and discovered
the project did not comply with Santa Monica Municipal Code Section 7.04.190 which
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requires all driveways in commercial zones to be located at least 24 feet from an
adjacent driveway. The inconsistency relates to the alley driveway located
approximately 16 feet from a driveway leading to a loading zone space on the northern
property. Based on the location of existing driveways in the alley, in order to
accommodate a rear driveway, a modification to the standard is required. Santa Monica
Municipal Code Section 7.04.200, authorizes the Transportation Planning Manager to
grant such modifications where unusual or extraordinary physical conditions exist and
where granting the modification will not be contrary to the public safety, convenience
and general welfare.
After reviewing the plan, and after consideration of the Planning Commission’s
comments, the Transportation Planning Manager supports the modification to allow
alley access. This decision is substantiated by the location of existing driveways and
furthers the goals and policies of the General Plan, which encourage alley access.
Further, to address the Planning Commission’s pedestrian orientation concerns and to
further achieve consistency with the General Plan, staff recommends adding a condition
to the project requiring the Seventh Street driveway be eliminated, thus requiring all
vehicular access to be provided from the alley. This condition not only serves to improve
the project’s pedestrian oriented design, it also serves to minimize potential conflicts
between pedestrians and vehicles and provides an opportunity for on-street parking.
Based on the Planning Commission hearing and the concerns expressed about the
project design, staff has concluded that the proposed project should be redesigned to
address the massing and pedestrian orientated concerns. In response to these
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concerns, Condition 47 has been added requiring redesign of building features.
Although compliant with minimum stepback requirements, the Planning Commission
believed the proposed building was too massive and would benefit from further
articulation at the upper levels to reduce mass and to provide a better transition to the
adjoining structures. In addition, the framed open deck at the fourth floor serves to
increase the perceived mass of the building and impacts the building transition to
adjacent structures.While the new conditions will have significant design implications,
staff believes the Director of the Planning and Community Development Department
and the Architectural Review Board can review this and the other recommended
conditions, without jeopardizing the findings the City Council must make were it to
approve the project. Conditions 45, 46 and 47 address these issues.
CEQA STATUS
The project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant Section 15332 (Class 32) of the State Implementation
Guidelines. Specifically, projects that are consistent with the applicable general plan
designation and zoning regulations, that are not located on a site greater than five acres
in an urbanized environment or supports habitats for rare, threatened or endangered
species, that are adequately served by existing infrastructure and that will not result in
any significant effects relating to traffic, noise, air and water quality, are exempt from
CEQA. Included as an attachment to the Planning Commission staff report (Attachment
B), is an evaluation of the project’s compliance with these criteria.
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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 D.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
Conclusion
The project consists of a new 17-unit residential condominium project located in
Downtown area. The Planning Commission offered the applicant the opportunity to
redesign the project but after the applicant declined the offer, the Commission denied
the project based on a lack of pedestrian orientation and inconsistencies with the
General Plan. On appeal, the applicant is presenting the same design to the City
Council. Based on the Planning Commission’s comments and staff’s review of the
driveway design and building design, staff recommends approval of the project, but with
conditions prohibiting street driveway access, and requiring redesign to address building
massing and articulation and pedestrian orientation.
RECOMMENDATION
It is recommended that the Council uphold Appeal 02-021, approving Design
Compatibility Permit 01DCP013 and Vesting Tentative Tract Map 53675 (02TM-011),
based on the following findings, and subject to the following conditions.
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TENTATIVE PARCEL/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 the project conforms to the
provisions of the C3 District development standards of the Zoning Ordinance
and the General Commercial land use designation in the Land Use Element of
the General Plan.
2. The site is physically suitable for the proposed type of development, in that the
subject parcel is a standard-sized parcel with no unusual characteristics. The
property is located within an urbanized environment that is adequately served
by existing facilities and infrastructure.
4. The site is physically suitable for the proposed density of development, in that a
7,500 square foot parcel is the subject block of the C3 District can
accommodate up to 15,000 square feet of building area with provisions for
residential units being calculated at 50%. There is no limitation to the number of
units allowed on the parcel.
4. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat, in that the proposed development is an infill development
within an urbanized environment and does not currently support fish or
significant wildlife.
5. The design of the subdivision or the type of improvement will not cause serious
public health problems, in that the proposed development complies with the
provisions of the Zoning Ordinance and the General Plan.
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 no such easements exist on the
subject site and the property has vehicular access from Sixth Court and
pedestrian access from Seventh Street.
DESIGN COMPATIBILITY PERMIT FINDINGS
1. The physical location, size, massing and placement of the proposed structure on
the site and the location of proposed amenities within the project, as conditioned
for redesign pursuant to conditions 45, 46, and 47, are compatible with and relate
harmoniously to surrounding sites and neighborhoods. Specifically, the subject
property is located within an urbanized commercial environment and is adjacent
to other properties that contain existing structures that are comparable in height,
size and massing to that which is proposed in the subject application. The
subject property is surrounded by three and four story buildings to the north and
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south, respectively, and a five-story residential building directly across the alley.
The project incorporates articulated façade elements adjacent to the public street
and pedestrian amenities such as landscaping, exterior lighting, recessed entries
and a bench. The stair and elevator projections above the height limit are located
near the taller building to the south, which has been designed with a standing
seam metal roof to match a similar feature used on the front façade of the
building.
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. Specifically, the proposed structure complies
with all applicable provisions of the City of Santa Monica Municipal Code and the
City’s General Plan, which are two land use documents that the City uses to
ensure projects do not detrimentally impact public interest, health and safety. As
an in-fill development within an urbanized environment, and after evaluation of
potential impacts to traffic, noise, air and water quality, consistent with Section
15332 of the CEQA Guidelines, it is not anticipated the project would have the
potential to degrade or otherwise compromise the integrity or general welfare of
the community.
3. The rights-of-way can accommodate autos and pedestrians, including adequate
parking and access, in that, as conditioned, pedestrian access to the site would
be provided from Seventh Street, which is a collector street at the project
location, and vehicular access would be provided from Sixth Court, a 20-foot
wide alley. An evaluation of existing street systems, levels of service and
anticipated trip generation from the project shows that there is no net increase in
traffic generation caused by the proposed project as compared to the existing
improvements. Therefore, while existing street segments may vary in the level of
service, existing street systems exist and will not be impacted by the proposed
project.
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 is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant Section 15332 of the CEQA
Guidelines and therefore, no Initial Study or Environmental Impact Report was
prepared and thus no mitigation measures generated.
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,
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demonstrates compliance with all applicable provisions of the City of Santa
Monica Zoning Ordinance.
DESIGN COMPATIBILITY PERMIT CONDITIONS
Plans
58. This approval is for those plans dated 10/22/02, 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.
59. 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.
60. Final parking lot layout and specifications shall be subject to the review and
approval of the Parking and Traffic Engineer.
61. Minor amendments to the plans shall be subject to approval by the Director of
Planning. Except as required by conditions of approval numbers 45, 46 and 47,
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
62. 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.
63. 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.
64. Plans for final design, landscaping, screening, trash enclosures, and signage
shall be subject to review and approval by the Architectural Review Board.
65. 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. All building glazing shall be clear glazing.
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66. The Architectural Review Board, in its review, shall pay particular attention to the
extensive use of stucco siding and shall require additional complementary
materials and architectural detailing as necessary to enhance the aesthetic
design.
67. Construction period signage shall be subject to the approval of the Architectural
Review Board.
68. 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.
69. 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.
70. 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.
71. Prior to the Architectural Review Board’s review, the applicant shall remove the
framed architectural element at the fourth floor deck adjacent to the southern
property line.
Fees
72. 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
73. Until such time as the demolition is undertaken, and unless 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 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.
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74. 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 Ordinance
1242 (CCS).
75. 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.
76. 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.
77. 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.
Construction
78. 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.
79. 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.
80. 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.
81. 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. No street trees shall be removed without the
approval of the Open Space Management Division.
82. 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,
33
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.
83. 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.
84. 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.
85. 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
86. 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).
87. 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
34
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
88. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
89. 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.
90. 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.
91. 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.
92. 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.
93. 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 soundrated parapet
enclosure.
94. 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.
95. 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.
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Validity of Permits
96. 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.
97. 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.
98. This determination shall not become effective until a final determination is made
on the appeal. 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 relevant to the
project have changed since project approval.
99. 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
Conditional Use Permit.
Special Conditions
100. 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.
101. Prior to issuance of a building permit, the applicant shall submit, for City review
and approval, a deed restriction or other legal instrument setting forth the
residential use requirements for the project. Such restrictions shall be effective
for the life of the project.
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102. All vehicular access to the property shall be provided with a driveway adjacent to
Sixth Court alley, subject to review and approval from the Director of Planning
and Community Development Department. No driveway or vehicular access is
permitted from Seventh Street.
103. The applicant shall revise the plans to include pedestrian-oriented design
features, such as additional landscaping and glazing at the location where the
Seventh Street driveway was proposed, subject to review and approval by the
Director of Planning and Community Development Department prior to the
project being submitted to the Architectural Review Board. All glazing of the first
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floor elevation facing 7 Street shall be clear/transparent.
104. The project shall be redesigned to eliminate the framed open deck at the fourth
floor and redesigned to incorporate greater stepbacks at the third and fourth floor
levels and redesigned to incorporate design treatments that promote a more
residential character consistent with the building’s residential use and to provide
a stronger relationship between the adjacent buildings and the first floor and the
upper levels of the building. These changes shall be subject to review and
approval by the Director of Planning and Community Development Department
prior to the project being submitted to the Architectural Review Board.
Affordable Housing Obligation (effective July 21, 1998)
105. 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
17-unit development to provide either two very low cost affordable unit(s) or four
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 10/22/02 is 27,661
square feet. The project’s affordable housing fee based on this floor area would
be $304,548. 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.
TENTATIVE PARCEL/TRACT MAP CONDITIONS
106. 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 engineer and approved by the City Engineer.
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107. A subdivision improvement agreement for all off site improvements required by
the City Engineer shall be prepared and a performance bond posted through the
City Attorney's office.
108. The tentative map shall expire 24 months after approval, except as provided in
the provisions of California Government Code Section 66452.6 and Subchapter
9.20.18 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.
109. In submitting required materials to the Santa Monica Engineering Division for a
final map, applicant shall provide a copy of the approved Statement of Official
Action.
110. Prior to approval of the final map, Condominium Association By-Laws (if
applicable) and a Declaration of CC & R's shall be reviewed and approved by the
City Attorney. The CC & R's shall contain a non-discrimination clause as
presented in Section 9.20.20.020 (SMMC) and in the case of condominiums,
contain such provisions as are required by Section 9.04.16.01.030(e)(SMMC).
111. The developer shall provide for payment of a Condominium Tax of $1,000 per
saleable residential unit per the provisions of Section 6.76.010 et seq. of the
Santa Monica Municipal Code.
112. The form, contents, accompanying data, and filing of the final subdivision map
shall conform to the provisions of Sections 9.20.12.010 through 9.20.08.090
(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.
113. The form, contents, accompanying data, and filing of the final parcel map shall
conform to the provisions of Sections 9.20.12.010 through 9.20.12.080 (SMMC)
and the Subdivision Map Act.
114. One mylar and one blue-line copy of the final map shall be provided to and
recorded with the Los Angeles County Recorder prior to issuance of any building
permit for a condominium 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.
115. A copy of the recorded map shall be provided to the City Planning Division before
issuance of a Building Permit.
116. Pursuant to Section 9.20.14.070 (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.
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Prepared by: Suzanne Frick, Director
Jay M. Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Jonathan Lait, AICP, Senior Planner
Planning and Community Development Department
ATTACHMENTS: A. Appeal Statement, dated November 25, 2002
H. Planning Commission Report, dated November 20, 2002
I. Planning Commission Statement of Official Action, dated
November 20, 2002
J. Public Notice
K. Architectural Plans, Renderings, and Site Photographs
L. Vesting Tentative Tract Map No. 53675
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ATTACHMENT C
Planning Commission Report, dated November 20, 2002
40
CP:JT:AS:JL:f:\plan\share\pc\strpt\2001\01DCP013.doc Santa Monica, California
Planning Commission Mtg: November 20, 2002
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Design Compatibility Permit 01DCP013 and Vesting Tentative Tract Map
53675 (02TM-011)
Address: 1544 Seventh Street
Applicant: Ralph Mechur Architects
Property Owner: 1544 7th Street LLC
INTRODUCTION
Action: Applications for a Design Compatibility Permit (01DCP013) and Vesting
Tentative Tract Map 53675 (02TM-011) to allow the construction of a new 17-unit
condominium project. The proposal meets all applicable development standards.
Recommendation: Approval based on findings and subject to conditions.
Permit Streamlining Expiration Date: December 20, 2002 (without extension)
Subdivision Action Deadline: November 10, 2002 (without extension)
SITE LOCATION AND DESCRIPTION
The subject property is a 7,500 square foot parcel located on the west side of Seventh
Street between Colorado Avenue and Broadway having a frontage of 50 feet. Adjacent
properties are similarly zoned C-3 and are developed with multi-storied buildings
containing residential and commercial uses as well as mixed-use developments. There
are no mature trees on the parcel; however, there are some mature shrubs at the corner
of the parcel adjacent to Seventh Street.
Zoning District: C3 – Downtown Commercial
Land Use District: General Commercial / Downtown Frame
Parcel Area: 7,500 square feet (50' x 150')
PROJECT DESCRIPTION
Proposed is the construction of a five story, 50 foot tall, 17-unit condominium building.
rds
Eleven at grade parking spaces are provided on the rear 2/3 of the parcel, which is
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accessed from the alley (6 Court). An additional 14 spaces are provided in a
subterranean garage that is accessed from Seventh Street. The site is currently
developed with a 5,760 square foot, 17-unit apartment building that will be demolished.
The existing building is two-stories tall and measures approximately 32 feet in height.
The building has a contemporary design and includes a residential lobby, bicycle
parking, a common room, and a refuse/recycling room on the first floor. Twelve studio
condominium units are located on all levels above the first floor and include 700 to
1,270 square feet of floor area. Five, two bedroom units are located on the third, fourth
and fifth floors. The sizes of these units range from 1,514 to 1,590 square feet.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in conformity with the
General Plan as shown in Attachment A.
HISTORIC RESOURCES INVENTORY STATUS
The existing structure was constructed in 1959. The property and improvements are not
listed on the City’s Historic Resources Inventory. Furthermore, the City’s Landmarks
Commission approved a demolition application last year to remove the existing building.
The demolition permit has since expired and will again need to be reviewed by the
Landmarks Commission when submitted.
CEQA STATUS
The project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant Section 15332 (Class 32) of the State Implementation
Guidelines. Specifically, projects that are consistent with the applicable general plan
designation and zoning regulations, that are not located on a site greater than five acres
in an urbanized environment or supports habitats for rare, threatened or endangered
species, that are adequately served by existing infrastructure and that will not result in
any significant effects relating to traffic, noise, air and water quality, are exempt from
CEQA. Included with this report is an evaluation of the project’s compliance with these
criteria (Attachment C).
RENT CONTROL STATUS
At the time the subject application was submitted and determined to be complete for
filing, the Rent Control Board had identified 17 rent controlled units. Although an
application was filed to withdrawal the property from rent control pursuant to the Ellis
Act, that application process has not been completed.
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FEES
The project is subject to a Parks and Recreation Facilities Tax of $200 per unit and a
Condominium Facilities Tax of $1,000 per saleable unit for a total tax of $20,400.
In addition, the project is required to comply with the City’s Affordable Housing
Production Program as specified in Santa Monica Municipal Code Chapter 9.56. This
requirement may be satisfied by providing affordable housing on or off-site, or by
payment of an in-lieu fee. In a letter dated November 28, 2001, the applicant indicated
his intention to pay the in-lieu fee.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting
requirements set forth by the Zoning Administrator, prior to application filing the
applicant posted a sign on the property regarding the subject application. At least four
weeks prior to the public hearing date, the applicant submitted a photograph to verify
the site posting and to demonstrate that the sign provides the following information:
Project case number, brief project description, name and telephone number of
applicant, site address, date, time and location of public hearing, and the City Planning
Division phone number. A copy of the site posting photograph is contained in
Attachment B. It is the applicant's responsibility to update the hearing date if it is
changed after posting.
Pursuant to Municipal Code Section 9.04.20.22.050, 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 D. Furthermore, notice of the public
hearing was posted on the City’s website and mailed to all neighborhood groups.
On October 29, 2002, the applicant was notified by phone and in writing of the subject
hearing date.
ANALYSIS
Background
There are no prior discretionary planning permits and no known code enforcement or
code compliance issues outstanding on the subject property.
Project Design
The project consists of a five story residential building with at and below grade parking.
The architectural style is a contemporary design incorporating a smooth stucco finish,
aluminum framed windows with clear and obscure glazing, and, where pitched, a metal
seam roof. The building façade is articulated at the front elevation and pedestrian
amenities such as landscaping, in excess of Code requirements, exterior lighting and a
43
bench are provided. Additional stepbacks are provided at the third and fourth floors
adjacent to Seventh Street, consistent with applicable regulations. Although not visible
from the street, a portion of the north elevation is setback an additional ten feet from the
common side property line, except where balconies project slightly into this area. The
roof is flat and houses the mechanical equipment. A stair and elevator projects
approximately 10-feet above the roofline are located adjacent to the southern side
property line. No roof decks are proposed.
Parking and Circulation
Parking is provided on two levels, at-grade and within a subterranean garage. The at-
th
grade parking is accessed from 6 Court, a one-way alley that is 20 feet wide. This
parking area accounts for 11 of the 25 required parking spaces. There is no visual
access to the at-grade parking area as viewed from Seventh Street. The remaining 14
spaces are located below grade and are accessed from Seventh Street. Three of the
four required guest parking spaces are provided on this level. A ten-foot wide driveway
allows for two-way traffic in to and out of the garage adjacent to Seventh Street. There
is no internal vehicular access on-site between the two parking areas. The City’s
Transportation Management Division has reviewed the proposed parking and circulation
layout and has determined that the design complies with applicable regulations.
Notwithstanding compliance with the parking requirements, staff has some concern
about the two vehicle access points to the site. The primary concerns relate to the
disruption of a pedestrian-oriented environment and the impact many curb cuts have to
the flow of traffic on a street. Ideally, a mid-block project with alley access not adjacent
to a residential district would provide sole access from the alley. This concept is
reinforced by Policy 4.3.7 of the Circulation Element in the City’s General Plan, which
encourages alley access. And, while the proposed plan with access from both the street
and alley is similar to other administratively approved projects in the area, the subject
application is a discretionary project allowing the City an opportunity to explore whether
this design is appropriate for this site.
Supporting this design change are the general planning principles regarding pedestrian
orientation and traffic engineering principles regarding traffic flow. However, the built
environment is already well established with projects that utilize both street and alley
access. More specifically, seven of the nine developed parcels on the block provide
dual access, including the existing improvements on the subject property. No project
provides access solely from the alley and only two project sites, at the corners, provide
access from the side streets. Further, should a design with only alley access be
required, the driveway adjacent to the alley would need to be 20 feet in length. This
dimension would reduce the amount of parking that could be provided on the first floor
and, if designed to comply, would likely require further excavation and at least one
additional level of subterranean parking. Such additional costs may result in the project
being economically infeasible to the applicant, may reduce the number of residential
units, or result in a project that only provides studio units. While the economic
considerations are less of a concern for the Planning Commission’s independent review
of the project, the availability of larger housing units remains a continued goal of the
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City. Based on staff’s review of this issue and based on existing neighborhood
characteristics, staff believes the proposed design is appropriate.
Affordable Housing Obligation
The project is subject to the City's Affordable Housing Production Program which
requires a 17 unit development to do one of the following: provide either two very low
cost affordable units or four low cost affordable units on-site (Section 9.56.050); provide
the affordable units off-site (Section 9.56.060); pay an affordable housing fee (Section
9.56.070); or acquire land for affordable housing (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, calculated based on a
33,684 square foot project, would be $304,548 ($11.01 x 27,661 sq. ft.). The fee will be
recalculated prior to payment based on the actual floor area of the project as
constructed. The housing fee must be paid prior to occupancy.
Neighborhood Compatibility
The subject property is located in the C3 district in an area where buildings may extend
to 50 feet in height and, if at least one floor of residential units is provided, may have up
to five stories. Immediately adjacent to the subject property is a three story mixed use
building to the north and a commercial building to the south. Across Seventh Street is a
four story residential building, and across the alley, a five story mixed use project. Other
properties on the block are developed with older one and two story buildings at the
corners of Seventh Street, Colorado Avenue and Broadway, including an auto repair
shop and grocery store. However, there are also other five story buildings, including one
property to the north and one under construction across Seventh Street.
This area of the City has in recent years seen a considerable amount of development.
th
Much of the district’s older low profile buildings on 6 and Seventh Streets have given
way to larger five story apartment buildings, sometimes occupying two parcels. As such,
the defining characteristics for determining neighborhood compatibility have also
changed. Nevertheless, these taller buildings are not necessarily the sole measure in
which to evaluate a project’s mass and transition. With regard to the subject application,
staff believes the overall height of the building is comparable to other improvements in
the area and consistent with the goals and policies set forth in the General Plan.
However, staff believes there may be an opportunity to improve the transition between
the proposed building and the structure to the south.
The adjacent commercial building is a modern design incorporating translucent glass
and a generally open architecture. While the third and fourth floors of the subject
building provide a significant setback at this corner of the building, staff believes the
framed open deck at the fourth floor may serve to increase the perceived mass of the
building and impacts the building transition. Removal of this structure may improve the
project’s neighborhood compatibility. Condition number 14 has been added to address
this issue. Additionally, staff is concerned about some of the architectural features, most
notably the expansive use of stucco, plain walls and minimal detailing. However, if
45
approved, staff would raise these issues with the Architectural Review Board as they
relate more to exterior materials and colors as opposed to overall neighborhood
compatibility. Condition number 9 has been added to address this concern.
Conclusion
The applicant proposes to construct a new 17-unit condominium building in the City’s
Downtown District. The project is an in-fill development replacing a 17-unit apartment
building. The proposed design is generally consistent with other improvements in the
area, however, staff believes the Planning Commission should consider architectural
changes to improve neighborhood compatibility and has raised concern regarding
vehicle access to the project site. The project complies with all applicable provisions of
the City’s Municipal Code and the goals and policies set forth in the General Plan.
Based on this review and consideration of the above issues, staff recommends the
Planning Commission approve the project.
ALTERNATIVES
Other than the recommended action, the Planning Commission may:
1. Approve Design Compatibility Permit 01DCP013 and Vesting Tentative Tract Map
53675 based upon revised findings and conditions;
2. Deny Design Compatibility Permit 01DCP013 and Vesting Tentative Tract Map
53675 without prejudice, based upon revised findings; or
3. Deny Design Compatibility Permit 01DCP013 and Vesting Tentative Tract Map
53675 based upon revised findings.
RECOMMENDATION
It is recommended that the Planning Commission approve Design Compatibility Permit
01DCP013 and Vesting Tentative Tract Map 53675 based upon the following findings
and conditions:
TENTATIVE PARCEL/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 the project conforms to the
provisions of the C3 District development standards of the Zoning Ordinance
and the General Commercial land use designation in the Land Use Element of
the General Plan.
2. The site is physically suitable for the proposed type of development, in that the
subject parcel is a standard-sized parcel with no unusual characteristics. The
property is located within an urbanized environment that is adequately served
by existing facilities and infrastructure.
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5. The site is physically suitable for the proposed density of development, in that a
7,500 square foot parcel is the subject block of the C3 District can
accommodate up to 15,000 square feet of building area with provisions for
residential units being calculated at 50%. There is no limitation to the number of
units allowed on the parcel.
4. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat, in that the proposed development is an infill development
within an urbanized environment and does not currently support fish or
significant wildlife.
5. The design of the subdivision or the type of improvement will not cause serious
public health problems, in that the proposed development complies with the
provisions of the Zoning Ordinance and the General Plan.
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 no such easements exist on the
subject site and the property has vehicular and pedestrian access from Seventh
th
Street and 6 Court.
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.
Specifically, the subject property is located within an urbanized commercial
environment and is adjacent to other properties that contain existing structures
that are comparable in height, size and massing to that which is proposed in the
subject application. The subject property is surrounded by three and four story
buildings to the north and south, respectively, and a five-story residential building
directly across the alley. The project incorporates articulated façade elements
adjacent to the public street and pedestrian amenities such as landscaping,
exterior lighting, recessed entries and a bench. The stair and elevator projections
above the height limit are located near the taller building to the south, which has
been designed with a standing seam metal roof to match a similar feature used
on the front façade of the building.
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. Specifically, the proposed structure complies
with all applicable provisions of the City of Santa Monica Municipal Code and the
City’s General Plan, which are two land use documents that the City uses to
ensure projects do not detrimentally impact public interest, health and safety. As
an in-fill development within an urbanized environment, and after evaluation of
47
potential impacts to traffic, noise, air and water quality, consistent with Section
15332 of the CEQA Guidelines, it is not anticipated the project would have the
potential to degrade or otherwise compromise the integrity or general welfare of
the community. Furthermore, regarding the parking access, this condition has
been reviewed by City staff and the Planning Commission for compliance with
applicable regulations. Although Policy 4.3.7 in the Circulation Element of the
General Plan encourages alley access, given the general pattern of development
along this block of Seventh Street and the fact that the subject property currently
enjoys access from the street as well as the alley, the proposed vehicle access
design has been determined to be appropriate for the type of development
proposed.
3. The rights-of-way can accommodate autos and pedestrians, including adequate
parking and access, in that vehicular and pedestrian access to the site would be
provided from Seventh Street, which is a collector street at the project location,
th
and 6 Court, a 20-foot wide alley. An evaluation of existing street systems,
levels of service and anticipated trip generation from the project shows that there
is no net increase in traffic generation caused by the proposed project as
compared to the existing improvements. Therefore, while existing street
segments may vary in the level of service, existing street systems exist and will
not be impacted by the proposed project.
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 is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant Section 15332 of the CEQA
Guidelines and therefore, no Initial Study or Environmental Impact Report was
prepared and thus no mitigation measures generated.
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
117. This approval is for those plans dated 10/22/02, a copy of which shall be
maintained in the files of the City Planning Division. Project development shall
48
be consistent with such plans, except as otherwise specified in these conditions
of approval.
118. 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.
119. Final parking lot layout and specifications shall be subject to the review and
approval of the Parking and Traffic Engineer.
120. 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
121. 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.
122. 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.
123. Plans for final design, landscaping, screening, trash enclosures, and signage
shall be subject to review and approval by the Architectural Review Board.
124. 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.
125. The Architectural Review Board, in its review, shall pay particular attention to the
extensive use of stucco siding and shall require additional complementary
materials and architectural detailing as necessary to enhance the aesthetic
design.
126. Construction period signage shall be subject to the approval of the Architectural
Review Board.
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127. 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.
128. 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.
129. 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.
130. Prior to the Architectural Review Board’s review, the applicant shall remove the
framed architectural element at the fourth floor deck adjacent to the southern
property line.
Fees
131. 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
132. Until such time as the demolition is undertaken, and unless 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 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.
133. 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 Ordinance
1242 (CCS).
134. Immediately after demolition (and during construction), a security fence, the
height of which shall be the maximum permitted by the Zoning Ordinance, shall
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be maintained around the perimeter of the lot. The lot shall be kept clear of all
trash, weeds, etc.
135. 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.
136. 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.
Construction
137. 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.
138. 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.
139. 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.
140. 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. No street trees shall be removed without the
approval of the Open Space Management Division.
141. 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
51
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.
142. 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.
143. 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.
144. 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
145. 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).
146. 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.
52
Miscellaneous DCP Conditions
147. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
148. 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.
149. 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.
150. 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.
151. 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.
152. 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 soundrated parapet
enclosure.
153. 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.
154. 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.
Validity of Permits
155. 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.
53
156. 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.
157. 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 relevant to the project
have changed since project approval.
158. 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
Conditional Use Permit.
Special Conditions
159. 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.
160. Prior to issuance of a building permit, the applicant shall submit, for City review
and approval, a deed restriction or other legal instrument setting forth the
residential use requirements for the project. Such restrictions shall be effective
for the life of the project.
54
Affordable Housing Obligation (effective July 21, 1998)
161. 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
17-unit development to provide either two very low cost affordable unit(s) or four
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 10/22/02 is 27,661
square feet. The project’s affordable housing fee based on this floor area would
be $304,548. 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.
TENTATIVE PARCEL/TRACT MAP CONDITIONS
162. 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 engineer and approved by the City Engineer.
163. A subdivision improvement agreement for all off site improvements required by
the City Engineer shall be prepared and a performance bond posted through the
City Attorney's office.
164. The tentative map shall expire 24 months after approval, except as provided in
the provisions of California Government Code Section 66452.6 and Subchapter
9.20.18 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.
165. In submitting required materials to the Santa Monica Engineering Division for a
final map, applicant shall provide a copy of the approved Statement of Official
Action.
166. Prior to approval of the final map, Condominium Association By-Laws (if
applicable) and a Declaration of CC & R's shall be reviewed and approved by the
City Attorney. The CC & R's shall contain a non-discrimination clause as
presented in Section 9.20.20.020 (SMMC) and in the case of condominiums,
contain such provisions as are required by Section 9.04.16.01.030(e)(SMMC).
55
167. The developer shall provide for payment of a Condominium Tax of $1,000 per
saleable residential unit per the provisions of Section 6.76.010 et seq. of the
Santa Monica Municipal Code.
168. The form, contents, accompanying data, and filing of the final subdivision map
shall conform to the provisions of Sections 9.20.12.010 through 9.20.08.090
(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.
169. The form, contents, accompanying data, and filing of the final parcel map shall
conform to the provisions of Sections 9.20.12.010 through 9.20.12.080 (SMMC)
and the Subdivision Map Act.
170. One mylar and one blue-line copy of the final map shall be provided to and
recorded with the Los Angeles County Recorder prior to issuance of any building
permit for a condominium 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.
171. A copy of the recorded map shall be provided to the City Planning Division before
issuance of a Building Permit.
172. Pursuant to Section 9.20.14.070 (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.
Prepared by: Jonathan Lait, AICP, Senior Planner
Attachments:
A. Municipal Code and General Plan Conformance
B. Site Posting Photo
C. Environmental Analysis for Class 32 Exemption
D. Notice of Public Hearing
E. Radius and Location Map
F. Photographs of the Site and Surrounding Properties
G. Neighborhood Compatibility Rendering
H. Architectural Drawings
I. Vesting Tentative Tract Map 53675
J. CC&R Resume
56
ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
LAND USE
CATEGORY ELEMENT MUNICIPAL CODE PROJECT
Permitted Use Downtown Multi-family residential Multi-family residential
Frame permits dwelling units. dwelling units, consisting
residential uses [9.04.08.18.020(v)] of 17 condominium units.
Maximum Building Height 56 feet 50 feet, no limitation to the 50 feet.
number of stories for 5-stories, one level of
residential developments. subterranean parking.
[9.04.08.18.060(a)(2)
Maximum Floor Area 2.5 FAR 2.0 (Residential floor area The project includes
Ratio counted at 50% of the 14,522 square feet of floor
actual area) area (calculated at 50%),
[9.04.08.18.060(b) which represents a FAR of
1.94.
Setbacks
????
Front N/A Required Varies (0' –
landscaping (see 24.5')
??
page 3).
Rear N/A
??
??
None. Varies (0' – 10')
Side N/A
??
None. Varies (0' – 10')
[9.04.08.18.060(d-f)
Maximum Uninterrupted N/A A public entrance is The residential lobby
Building Facade required at least every 100 entrance is located
linear feet of street adjacent to Seventh
frontage. Street. The building width
[9.04.08.18.060(h)] is 50-feet wide.
Pedestrian-Oriented N/A Each structure in the C3 The entire facade adjacent
Design district shall be designed to Seventh Street provides
with pedestrian-orientation varying degrees of
consistent with SMMC pedestrian-oriented
9.04.10.02.440, which is design, including clear
contained below: glazing, facade
A minimum of 70% of the articulation, a recessed
building façade at street entrance, landscaping and
frontage shall incorporate a bench.
an articulated façade,
change of materials and
other pedestrian-oriented
elements bulleted below:
??
50% of façade up to 8' 214.64 SF. No portion
in height shall be of the front facade
visually transparent; no contains more than 20'
more than 20' of of continuous linear wall
continuous linear wall area.
area.
Required visual
transparency adjacent
- 57 -
to Seventh Street is 200
SF
??
Signage oriented and The subject building is
scaled to the intended for residential
pedestrian. Requires use. No signage is
Architectural Review anticipated at this time.
Board approval.
??
Exterior lighting that Three exterior lights
provides a secure are proposed adjacent
nighttime environment to Seventh Street
and reinforcing
entrances.
??
Security grates or No security grates or
grilles must be grilles are proposed.
recessed into pockets
or overhead cylinders
and completely
concealed when
retracted.
??
Residential uses at the Planted areas,
ground level shall walkways and a bench
incorporate planted are provided to
areas, porches, front contribute to the
stairs and/or other pedestrian
elements that contribute environment.
to a pedestrian
environment.
[9.04.08.18.060(i)]
Deed Restriction N/A Required for projects that Special Condition number
were not subject to a 43 ensures compliance
Development Review with this requirement.
Permit due to counted
FAR at 50% for residential
projects
[9.04.08.18.065]
Building Height and N/A Vents, stacks, ducts and Garage exhaust vents and
Exceptions to Height skylights may exceed proposed duct work varies
Limit height limit by no more but is less than 5-feet
than 5-feet (139.48'). above height limit.
Required parapets may 30-inch parapets are
extend 3-feet above the proposed (136.98').
height limit (137.48').
Elevator shafts and The elevator and stair
stairwells may extend 14-enclosure extend up to 10-
feet above the roofline and feet above the height limit
maximum height limit, and roofline (144.48').
respectively (148.48').
- 58 -
The maximum area of The elevator and stair
such enclosures may not enclosure consists of 206
exceed 25% of the total SF, or 4% of the total roof
roof area (1,256.5 SF). area.
Mechanical screening may Mechanical screening
not extend more than 12 encloses 640 SF of roof
feet above the maximum area, or 12.7% of the total
height limit or enclose roof area.
more than 30% of the total
roof area (146.48', 1,507.8
SF).
[9.04.10.02.030(a-b)]
Building Volume N/A Any portion of a structure Portions of the fourth and
Envelope between 31 to 45 feet shall fifth floors are affected by
provide a 9 foot average this requirement. A total of
setback 9,086 cubic feet is
(6,300 cubic feet required). provided between 31 to 45
Any portion of a structure feet and 3,696 cubic feet
between 46 to 56 feet shall between 46 to 56 feet,
provide an 18-foot average consistent with code
setback. A four-foot tall requirements.
portion of the structure
between 46 and 50 feet
over the entire width of the
building applies to this
provision (3,600 cubic feet
required).
[9.04.10.02.040]
Reflective Material N/A Black or mirrored glass or No mirror-like or reflective
other mirror-like material material is proposed on
that is highly reflective the facade of the building
shall exceed 25% of the or roof.
facade surface area.
Materials for roofing shall
be a non-reflective nature.
[9.04.10.02.070]
Hazardous Visual N/A Any fence, wall, hedge, The area of the Hazardous
Obstructions tree planting or other Visual Obstruction
obstructions shall be requirement is shown on
located at least five feet the site plan. Compliance
from the closest with this requirement is
intersection of any parcel also shown on the
line with the street, alley, elevation drawings.
driveway or garage
entrance. [9.04.10.02.090]
Residential Uses in N/A Residential units may be No residential dwelling
Commercial Districts located on the ground floor units are proposed on the
provided they are at least first floor.
50 feet from the front
property line.
Residential uses shall The project is not a mixed-
provide separate and use development, all
secured entrances, exits residential parking and
and refuse areas that are refuse areas will be used
- 59 -
directly accessible to the for the sole use of the
residential use in mixed-residential units.
use developments.
Projects with six or more Each unit has been
residential units require 50 designed with at least 50
square feet of private open square feet of private open
for each unit. space.
[9.04.10.02.111]
Screening Mechanical N/A All mechanical equipment A 30-inch plaster screen
Equipment that extends more than 21-wall is proposed around
inches above the roof roof-mounted mechanical
parapet shall be screened equipment.
from view.
[9.04.10.02.140]
Refuse and Recycling N/A The minimum area for a A 245 square feet refuse
Storage Areas refuse enclosure is 245 and recycle area is
square feet with 8-foot tall provided on the first floor
walls. level.
[9.04.10.02.151(b)(5)
Landscaping N/A 75 square feet required 100 square feet of
within 10 feet of the front landscaping is provided
property line. adjacent to Seventh
[9.04.10.04.060] Street.
??
Parking N/A
1 covered space is 21 standard and 4
required for each studio visitor (including two
condominium unit and 2 compact) parking
spaces for each two-spaces are provided
bedroom units, plus 1 within a subterranean
visitor space for each 5 garage accessed from
units. A total of 21 both Seventh Street
th
spaces and 4 visitor and 6 Court alley.
spaces are required.
Two of the visitor
spaces may be
compact.
??
Curb cuts for a single 12-foot curb cut is
driveway may not proposed adjacent to
exceed 12-feet. Seventh Street.
[9.04.10.08.090(b)]
??
The driveway width for A 10-foot driveway is
a single driveway shall proposed adjacent to
be a minimum of 10-Seventh Street.
feet. [9.04.10.08.100(d)]
??
Wheel stops, at least Wheel stops are
six-inches in height is provided as required.
required for parking
spaces abutting a wall.
[9.04.10.08.130]
Affordable Housing Housing The affordable housing The applicant has elected
Production Program Element obligation may be satisfied to satisfy the affordable
- 60 -
Obligation requires by providing on-site and/or housing obligation through
affordable off-site units, acquiring payment of the affordable
housing land for affordable housing housing fee. The
production or payment of an affordable housing fee is
affordable housing fee. $304,548 based on a floor
area of 27,661 square feet
and a base fee of $11.01
- 61 -
ATTACHMENT D
Planning Commission Statement of Official Action,
Dated November 20, 2002
- 62 -
City of Santa Monica
City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
PROJECT
CASE NUMBER: Design Compatibility Permit 01-013 and Tract Map 02-
011
LOCATION: 1544 Seventh Street
APPLICANT: Ralph Mechur Architects
PROPERTY
th
OWNER: 1544 7 Street LLC
CASE PLANNER: Jonathan Lait, AICP, Senior Planner
REQUEST: The applicant requests approval to construct a new five
story, 17-unit residential condominium project. Twenty-
five parking spaces will be located on grade accessed
from Sixth Court and in a subterranean garaged
accessed from Seventh Street.
CEQA STATUS: Planning staff found the project to be categorically
exempt from the provisions of CEQA pursuant Section
15332 (Class 32) of the State Implementation Guidelines.
However, as detailed below, the Planning Commission
finds that the proposed project is inconsistent with the
City's Land Use and Circulation Element and Housing
Element. Consequently, the Class 32 exemption cannot
be applied to this project and further environmental
review would be required.
- 63 -
PLANNING COMMISSION ACTION
11-20-2002 Date.
Approved based on the following findings and subject to the
conditions below
X Denied.
Other.
EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:
12-05-2002 Design Compatibility Permit
12-01-2002 Tentative Parcel Map
FINDINGS
:
Following a public hearing held on November 20, 2002, the Planning Commission
denies DCP 01-013 and TM 02-011 based on the following findings:
1. The proposed project consists of the construction of a 17-unit condominium
project located at 1544 Seventh Street.
2 The proposed project developer has requested approval of a Design
Compatibility Permit ("DCP") as well as approval of a Tentative Tract Map
("TTM").
3. A public hearing on the proposed project was held by the Santa Monica
Planning Commission on November 20, 2002.
4. The proposed 17-unit condominium project would be five stories and 50 feet in
height. Parking would be provided on two levels, at grade and within a
subterranean garage. Eleven at grade parking spaces would be provided on
the rear 2/3rds of the parcel, which is accessed from the alley (6th Court). An
additional 14 spaces would be provided in a subterranean garage that is
accessed from Seventh Street. The existing building is two-stories tall and is
approximately 32 feet in height.
5. Pursuant to Santa Monica Municipal Code Section 9.04.20.15.040, the Planning
Commission may only approve a Design Compatibility Permit application in
whole or in part, if among other findings, it concludes that:
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a) 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.
b) The physical location, size, massing, 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.
c) The right-of-way can accommodate autos and pedestrians, including
adequate parking and access.
6. Based on the evidence presented at the public hearing, the Planning
Commission cannot make the necessary findings to approve the design
compatibility permit. More specifically, the proposed structure has a boxy design
with flat facades that increases the perceived mass of the building. The lack of
articulation at the second and third floor levels contributes to the building’s mass
and detracts from a pedestrian-oriented design. Moreover, the design lacks
creativity and does not provide an effective transition that relates to the
architectural style and massing of adjacent buildings. In addition, the framed
open deck at the fourth floor serves to increase the perceived mass of the
building and impacts the building transition. As a result the design is
incompatible with the surrounding neighborhood. Furthermore, the project is
designed with two vehicle access points, one from the alley, and a second from
Seventh Street. This design scheme is inconsistent with Circulation Element
Policy 4.3.7 of the General Plan, which encourages mid-block properties with
alley access to provide vehicular access only from the alley. Consequently, the
location of the curb cut adjacent to Seventh Street has the potential to cause
pedestrian-vehicle conflicts at the project site.
7. Pursuant to Santa Monica Municipal Code Section 9.20.14.040, the Planning
Commission shall deny approval of the tentative map if, among other findings, it
concludes that:
a) The proposed map is not consistent with applicable general and specific
plans as specified in Government Code Section 65451.
b) The design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans.
8. Based on the evidence presented at the public hearing, the Planning
Commission cannot make the necessary findings to approve the tentative tract
map. More specifically, the subject property is an interior parcel located toward
the middle of the block on Seventh Street that has vehicle and pedestrian access
from Sixth Court alley and Seventh Street. Circulation Element Policy 4.3.7 of the
General Plan encourages mid-block commercial properties with alley access to
- 65 -
provide vehicular access only from the alley. The proposed project has been
designed with vehicular access from both the alley and Seventh Street. As such,
the proposed design is inconsistent with the policy encouraged in the City’s
Circulation Element. The project's proposed vehicle parking and circulation is
also inconsistent with Land Use Objective 1.1 (improve the quality of life for all
residents by providing a balance of land uses consistent with protecting the
quality of life in all residential neighborhoods), Objective 1.2 (ensure compatibility
of adjacent land uses, with particular concern for protecting residential
neighborhoods), Objective 1.10 (expand the opportunity for residential land use
while protecting the scale and character of existing neighborhoods), and Housing
Element Policy 7.3 (ensure that architectural design of new housing development
is compatible with the surrounding neighborhood). The proposed parking and
circulation would disrupt the pedestrian-oriented environment and the numerous
proposed curb cuts would negatively impact the flow of traffic on the street and
could result in increased pedestrian/vehicular conflicts.
9. The Planning Commission offered the proposed project developer to continue the
hearing on this project to provide the opportunity to redesign the project to meet
the articulated concerns of the Planning Commission. The proposed project
developer rejected this offer to continue the hearing.
10. Planning staff concluded that the project was categorically exempt from the
provisions of CEQA pursuant to CEQA Guideline Section 15332 (Class 32 In-Fill
Development Projects). However, this exemption is only applicable if the project
is consistent with the applicable general plan designations and all applicable
general plan policies as well as with applicable zoning designations and
regulations. As detailed in these findings, the Planning Commission determined
that the proposed project was not consistent with applicable general plan
policies. Consequently, the project is not categorically exempt from CEQA on
this basis and additional environmental review would be required before the City
could approve the proposed condominium project.
11. Under Government Code Section 65589.5(j), if a City denies a proposed housing
development project which complies with applicable objective general plan and
zoning standards and criteria in effect at the time that the housing development
project's application is determined to be complete, it must make certain statutory
findings. It is questionable whether this statute applies to this project because (1)
based on the legislative history of the statute and related laws, the legislature did
not intend to extend the statute to charter cities' review of market rate housing
projects; (2) to the extent the legislature did attempt to include charter cities'
review of these projects within the statute's ambit, such extension impermissibly
impedes charter cities' home rule authority, conflicts with charter cities' CEQA
obligations and impermissibly abrogates other land use and police powers; and
(3) the subject project is not an affordable housing project. Nevertheless, even
were this statute to apply to market rate housing development projects, the denial
- 66 -
of this proposed project would be consistent with Government Section 65589.5(j)
based on the following findings:
a) The proposed project did not comply with the zoning standards and criteria in
effect at the time that the proposed project's application was determined to be
complete since the driveway width did not comply with the City's Zoning
Ordinance.
b) The proposed project would have a specific adverse impact upon the public
health and safety unless the project were disapproved in that the proposed
project has been designed with vehicular access from both the alley and
Seventh Street in contravention of Circulation Element Policy 4.3.7 of the
General Plan. Consequently, the location of the curb cut adjacent to Seventh
Street has the potential to cause pedestrian-vehicle conflicts at the project
site.
c) There is no feasible method to satisfactorily mitigate or avoid the adverse
impact identified above, other than the disapproval of the proposed project in
that removing the 7th Street access would require lengthening of the alley
driveway to 20 feet in length. This increased driveway length would reduce
the amount of parking that could be provided on the first floor thus making it
impossible for the project to provide the required parking. Moreover, the
applicant was unwilling to redesign the project.
VOTE
Ayes: Clarke, Dad, Johnson, Olsen
Nays: Hopkins
Abstain: None
Absent: Brown, Moyle
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 Planning Commission of the City of Santa Monica.
_____________________________ _____________________________
Darrell Clarke, Chairperson Date
F:\PLAN\SHARE\PC\STOAS\2001\01DCP013.doc
- 67 -
ATTACHMENT E
Public Notice
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Appeal 02APP-023 (01DCP013 & 02TM-011)
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1544 7 Street
APPLICANT: Ralph Mechur Architects
APPELLANT: Derek Jones
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PROPERTY OWNER: 1544 7 Street, LLC
A public hearing will be held by the City Council to consider the following request:
Appeal of the Planning Commission’s denial of a project to allow the demolition of an existing two story,
17-unit apartment building and construction of a new five story, 17-unit residential condominium project.
The project was previously considered by the City Council on January 14, 2003 and continued for design
modifications.
DATE/TIME: TUESDAY, JUNE 10, 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: 02APP023
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
Jonathan
If you want more information about this project or wish to review the project file, please contact
Lait, AICP, Senior Planner
at (310) 458-8341, or by e-mail at jonathan-lait@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.org.
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.
ESPAÑOL
Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa
Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación
al número (310) 458-8341.
APPROVED AS TO FORM:
__________________________
JAY M. TREVINO, AICP
Planning Manager
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ATTACHMENT F
Architectural Plans (Options 1-4)
Electronic version of attachment is not available for review. Document is
available for review at the City Clerk’s Office and the Libraries.
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ATTACHMENT G
Vesting Tentative Tract Map No. 53675
Electronic version of attachment is not available for review. Document is
available for review at the City Clerk’s Office and the Libraries.
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