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SR-100802-6A PCD:SF:JT:AS:JL:BR:f:\plan\share\council\strpt\2002\01DCP016-02TM01.doc Council Mtg: October 8, 2002 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Appeal 02-015 of the Planning Commission’s Decision to Deny Tentative Tract Map 02TM001 (TTM #53757) and Design Compatibility Permit 01DCP016 to Allow Construction of a 5-Unit Townhouse-Style st Condominium Development Located at 2013 21 Street. Applicant: Bijan & Associates Appellant: Kenneth L. Kutcher c/o Harding, Larmore, Kutcher & Kozal INTRODUCTION This report recommends that the City Council remand the subject appeal of a 5-unit st condominium project located at 2013 21 Street to the Planning Commission for consideration of a redesigned project. The Planning Commission, at their September 4, 2002 meeting, unanimously denied, without prejudice, the project due to neighborhood compatibility concerns (see Analysis section). The appeal statement is contained in Attachment A and the Planning Commission staff report is contained in Attachment B. The appeal statement acknowledges the applicant’s willingness to address the Planning Commission’s concerns. BACKGROUND Project Review The applicant proposes a five-unit, townhouse-style condominium building on a 50-foot wide by 150-foot deep, 7,500-square foot vacant parcel. The subject property is located st on the east side of 21 Street between Virginia Avenue and Pico Boulevard. Surrounding uses generally consist of low-scale, multiple-family residential units in the R2 zone to the north, south and west. Virginia Avenue Park abuts the property to the - 1 - east. Commercial uses oriented to Pico Boulevard in the C2 and C4 zones are located at the south end of the block. The proposed structure will have a total floor area of 6,969-square feet and would stand 26-feet tall, which is four feet below the maximum height allowed in the R2 zoning district. A semi-subterranean garage provides required parking for each of the units plus a guest space. The applicant has met with the Pico Neighborhood Association (PNA). After reviewing the project, PNA indicated that no action was necessary or required by the association. It should also be noted that the project had several outstanding code compliance issues after it was deemed complete in mid-March 2002. These issues included the heights of fences and walls; required parallel plane off-set; screening of mechanical equipment; and private open space calculations. ANALYSIS The Planning Commission’s neighborhood compatibility concerns focused on the semi- subterranean garage causing the building’s height to rise well above the adjacent 12- foot tall structures. Additionally, due to the semi-subterranean garage, the front st elevation has a three-story appearance as viewed from 21 Street. The proposed structure does not provide an appropriate transition to the adjacent residential units, and deviates from the established neighborhood mass, scale and character. Also, the Commission noted that the topographically-varied, upsloping landscaped front yard with its stairs rising 6.5-feet tall on the north, the sunken utility panel access area, the garage - 2 - ramp, and the projecting deck at Unit 1 compromises pedestrian orientation and the building’s relationship to the streetscape. Staff is in agreement with the Planning Commission’s reasons for project denial. While the Planning Commission could not approve the proposed project for the reasons discussed above, the Planning Commission considered continuing the matter to allow a redesign, rather than denying the project. However, due to the Permit Streamlining Act timeframes, which required a decision on the project by September 8, 2002, a continuance was not legally possible. The appeal indicates the applicant’s willingness to consider redesigning the project for the Commission’s consideration. Staff supports remanding the project to the Planning Commission for further consideration. The Commission’s final decision would remain appealable to the City Council. CEQA STATUS The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3(b), of the State Implementation Guidelines in that the project involves the airspace subdivision of one parcel into five condominium units and the construction of a five-unit condominium building in an urbanized area. This class of exemption permits the construction of not more than six apartments, duplexes and similar structures in an urbanized area. - 3 - 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 C. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is recommended that the Council remand this project to the Planning Commission for consideration of a redesigned project. Prepared by: Suzanne Frick, Director Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Jonathan Lait, AICP, Senior Planner Bill Rodrigues, AICP, Associate Planner City Planning Division Planning and Community Development Department Attachments: A. Appeal Statement B. Planning Commission Staff Report (September 4, 2002) C. Public Notice - 4 - ATTACHMENT A Appeal Statement Electronic version of attachment is not available for review. Document is available for review at the City Clerk’s Office and the Libraries. - 5 - ATTACHMENT B Planning Commission Staff Report (9/4/02 w/out attachments) - 6 - st CP:JT:AS:JL:BR:f:\plan\share\pc\strpt\01\01DCP016-02TM001 (2013 21 St).doc Planning Commission Mtg: September 4, 2002 Santa Monica, California TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Tentative Tract Map 02TM001 (TTM #53757) and Design Compatibility Permit 01DCP016 to allow construction of a 5-unit townhouse-style condominium development. st Address: 2013 21 Street Applicant: Bijan & Associates Property Owner: Daryoush Tajrishi INTRODUCTION Action: Application for Tentative Tract Map and Design Compatibility Permit to allow the construction of a five-unit condominium project. The proposal does not meet all applicable development standards. Recommendation: Deny based on findings. Permit Streamlining Expiration Date: September 18, 2002 Subdivision Action Deadline: September 08, 2002 SITE LOCATION AND DESCRIPTION The subject property is 50-foot wide by 150-foot deep 7,500 square foot vacant parcel st located on the east side of 21 Street between Virginia Avenue and Pico Boulevard. Surrounding uses consist of low-scale, multiple-family residential units in the R2 zone to the north, south and west. Virginia Avenue Park abuts the property to the east. Commercial uses oriented to Pico Boulevard in the C2 and C4 zones are located at the south end of the block. The subject property does not contain any mature trees on the site. Along the east side of this block properties tend to rise 3-feet above the sidewalk within the first 25-feet before transitioning to meet the Virginia Avenue Park grades at the rear. Zoning District: R2, Low Density Multiple-Family Residential, District. Land Use District: Low Density Housing. Parcel Area: 50-feet by 150-feet; 7,500 square feet. - 7 - PROJECT DESCRIPTION Proposed is the construction of a two story, 26-foot tall, five-unit townhouse-style con- st dominium building with an 11 car semi-subterranean parking garage accessed from 21 Street. There is no rear alley. The site is currently vacant. The units are similarly designed with a ½ bath, living room, dining room and kitchen on the first floor and 2- bedrooms and 2 baths on the second floor. Roof mounted mechanical equipment will be screened by a vertical sound-rated parapet wall. The water heaters are proposed along the building’s south elevation and project 18-inches into the required side yard setback. The units are provided within a single building that contains approximately 6,969 square feet of total floor area. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with most of the Municipal Code provisions and in conformity with the General Plan as shown in Attachment A. However, the project does not comply with the following zoning requirements: 1) the 8-foot maximum side yard wall height limit as measured from the lower adjacent grade is exceeded, 2) the retaining wall at the garage entrance is more than 3.5-feet high within the front yard setback, and 3) the required side yard parallel plane requirement is not satisfied on the east elevation between 3 and 13 feet. Should this application be approved, staff believes that compliance can be conditioned without substantially altering the building’s design. HISTORIC RESOURCES INVENTORY STATUS The subject property is a vacant site and is not listed in the City’s Historic Resources Inventory. CEQA STATUS The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3(b), of the State Implementation Guidelines in that the project involves the airspace subdivision of one parcel into five condominium units and the construction of a five-unit condominium building in an urbanized area. This class of exemption permits the construction of not more than six apartments, duplexes and similar structures in an urbanized area. RENT CONTROL STATUS The Rent Control Board status of the property is “vacant lot” (Type Z) based on the Rent Control Board decision made on July 1, 1980. 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 $6,000.00. - 8 - The project is also subject to the affordable housing obligation fee, which is calculated at $11.01 per square foot of buildable floor area and then reduced by 25% because the site is a vacant lot. The total affordable housing fee for the 6,969.00 square foot project is $57,546.52. 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 8 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. In addition, 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 C. On August 22, 2002, the applicant was notified by phone and in writing of the subject hearing date. The applicant has met with the Pico Neighborhood Association (PNA). After reviewing the project, PNA indicated that no action was necessary or required by the association. ANALYSIS Project Design The proposed development is a two-story structure above a semi-subterranean parking st garage that is accessed from 21 Street. Five condominium units are proposed each with two-car parking and one guest space for the site; pedestrian access to the parking is provided with a common stairway located on the north side of the garage. The south side of the building contains the primary outdoor living space for each unit. Additional private open space is provided in the form of decks accessible from bedrooms on the second level. The building provides the required minimum front, side and rear yard setbacks, and complies with building height, rooftop projections, and private open space provisions. Fencing within the front yard complies with the maximum 3.5-foot height limit as measured from the lower adjacent grade, except at the garage entrance where retaining walls are more than 3.5-feet tall. The front yard landscape will be sloped up from the street to follow the building’s rise above the street level. This is most evident at the - 9 - north corner of the property where the walkway contains stairs rising approximately 6.5- feet above the public sidewalk. Also, immediately north of the garage ramp, the relatively flat front yard steps down approximately 18-inches to provide access to the development’s utility meters. The front yard will be planted primarily with low shrubs, ground cover and two 24-inch box trees. Parking and Circulation The project is required to provide 10 parking spaces and 1 guest space. Vehicular st access to the on-site semi-subterranean parking structure is provided from 21 Street because there is no adjacent alley. No portion of the semi-subterranean parking garage extends into the required unexcavated front and side yards. The City’s Transportation Management Division has reviewed and approved the proposed parking layout, circulation, parking stall dimension and the location of the driveway approach. Affordable Housing Obligation The project is subject to the City's Affordable Housing Production Program which requires a five unit development to do one of the following: provide either one (i.e. 10%) very low cost affordable unit or one (i.e. 20%) low cost affordable unit 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 6,969.00 square foot project, would be $57,546.52 ($11.01 x 6,969.00 sq. ft. x 75%). 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 parcel is located within an urbanized area where parcels are developed st with structures of varying size, scale and density. However, this block of 21 Street includes many single-story, low-scale, multi-family residential properties. There are two exceptions to this: 1) the properties located north of the subject property along Virginia Avenue contain many two-story structures, and 2) the northerly adjacent property includes a two-story multiple-family structure to the rear while maintaining the single- story, low-scale detached single-family residence at the front. Residential development on this block falls primarily into the minimal traditional realm of the modern movement occurring around the 1940s. The building’s architecture draws upon this and from the Spanish influence found on some other nearby structures. However, its use of a semi-subterranean parking garage is a design feature that is not typical to the immediate vicinity. This feature raises the first floor level to three-feet above the average natural grade line, which is approximately 6.5-feet above the sidewalk elevation. While a slight topographic rise between the sidewalk and structure is common on the east side of the street, all other residences are built on grade. The - 10 - minor change in topography and lack of alley access influence the proposed design and, as a result, impact the building’s context. However, while the structure is below the maximum building height, staff has design compatibility concerns. The semi-subterranean garage causes the building’s height to rise well above the adjacent 12-foot tall structures. Additionally, the inclusion of a semi-subterranean st garage gives the appearance of a three-story building as viewed from 21 Street. In that the proposed structure is not designed to create a smooth transition to the adjacent structures and since no other building in the neighborhood is as tall, the building deviates from its neighborhood context. Also, the topographically-varied, upsloping landscaped front yard with its stairs rising 6.5-feet tall on the north, the sunken utility panel access area, the garage ramp, and the projecting deck at Unit 1 compromises pedestrian orientation and the relationship to the streetscape. The parcel is adequately served by existing public infrastructure and no new public safety services will be required as a result of the proposal. There have been no prior discretionary entitlements for the subject property and there are no pending code enforcement related activities associated with the property. ALTERNATIVES Other than the recommended action, the Planning Commission may: A) Deny TM 02-001 & DCP 01-016 without prejudice B) Deny TM 02-001 & DCP 01-016 based on revised findings C) Approve TM 02-001 & DCP 01-016 with findings and conditions of approval, that address neighborhood compatibility and code compliance issues. RECOMMENDATION It is recommended that the Planning Commission deny Tentative Tract Map 02TM-001 and Design Compatibility Permit 01DCP-016 based on the following findings: TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, together with its provision for its design and improvements, is not consistent with applicable general and specific plans as adopted by the City of Santa Monica, in that the project is inconsistent with the Land Use Element Policy 1.10.1 which states that City policies should: “Encourage the development of new housing in all residential districts, while still protecting the character and scale of neighborhoods”. While the Zoning Ordinance allows structures up to 30 feet tall in this zone, the existing development context on this block is of lower-scale, primarily single-story structures of approximately 12-feet in height. The proposed project is 26-feet tall, which is significantly taller than the adjacent structures and the structures across the street. While the immediately adjacent property contains a separate two- story structure, it is placed to the rear of that lot and is not readily visible from the streetscape. - 11 - The minor change in topography and lack of alley access will influence the proposed design, which also affects the building’s context. The structure is below the maximum building height, however, a number of design compatibility concerns remain. First, the semi-subterranean garage causes the building’s height to rise well above the adjacent 12-foot tall structures. Additionally, the inclusion of a semi-subterranean garage gives the appearance of a three-story st building as viewed from 21 Street. In that the proposed structure is not designed to create a smooth transition to the adjacent structures and since no other building in the neighborhood is that tall, the building deviates from its neighborhood context. Also, the topographically-varied, upsloping landscaped front yard with its stairs rising 6.5-feet tall on the north, the sunken utility panel access area, the garage ramp, and the projecting deck at Unit 1 combine to create an environment that loses its relationship to the streetscape. 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 not compatible with nor relate harmoniously to surrounding sites and the block. The block primarily contains low-scale multi-family residential developments. A couple of properties contain two story structures, one of which is directly north of the subject property. However, respecting its neighborhood context, the taller adjacent structure is situated to the rear of the property where it is less visible from the street and is otherwise obscured from view by heavy vegetation along the rear property between it and the Virginia Avenue Park as well as the mature st trees along 21 Street. The low-scale single-story residence has been placed at the street frontage, which retains the neighborhood context and streetscape. The proposed project reaches 26-feet in height at or near the front setback line. This is significantly taller than the adjacent structures to the north, south and across the street. The proposed elevation difference (caused by the semi- subterranean garage) also serves to widen the neighborhood compatibility gap. As a result, the project appears as a three-story structure, which is out of character with the existing neighborhood context. 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 be detrimental to the public interest, health, safety, convenience or general welfare in that the proposed project is not compatible in terms of height, mass, scale and street orientation. The proposed project is 26-feet in height. While this is less than the maximum permitted height limit, it is significantly taller than the adjacent structures and the structures across the street. The semi- subterranean garage amplifies this condition and gives the building the st appearance of a three-story structure as viewed from 21 Street. The topographically-varied, terraced front yard with its stairs rising 6.5-feet tall on the north, the sunken utility panel access area, the garage ramp, and the projecting deck at Unit 1 combine to create an uninviting streetscape environment. - 12 - Prepared by: Bill Rodrigues, AICP, Associate Planner Attachments: A. Municipal Code and General Plan Conformance B. Notice of Public Hearing C. Radius and Location Map D. CC & R Resume E. Photographs of Site and Surrounding Properties F. Rendering G. Plot Plan, Floor Plans and Elevations H. Tentative Tract #53757 - 13 - ATTACHMENT C Public Notice - 14 - NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Application 02-015 st 2013 21 Street APPLICANT: Bijan & Associates PROPERTY OWNER: Daryoush Tajrishi A public hearing will be held by the City Council to consider the following request: Appeal 02-015 of the Planning Commission’s Decision to Deny Tentative Tract Map 02TM001 (TTM #53757) and Design Compatibility Permit 01DCP016 to Allow Construction of a 5-Unit Townhouse-Style Condominium Development Located at 2013 st 21 Street. DATE/TIME: TUESDAY, OCTOBER 8, 2002, 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: 02APP015 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please Bill Rodrigues, AICP, Associate Planner contact at (310) 458-8341, or by e-mail at Bill-Rodrigues@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. - 15 - 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 f:\plan\share\council\notices\2002\02app015 - 16 -