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
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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
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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
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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
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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
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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
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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.
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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 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
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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.
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ATTACHMENT B
Planning Commission Staff Report
(9/4/02 w/out attachments)
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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.
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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
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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.
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PROJECT DESCRIPTION
Proposed is the construction of a two story, 26-foot tall, five-unit townhouse-style con-
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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ATTACHMENT C
Public Notice
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Application 02-015
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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
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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.
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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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