SR-09-25-2007-6ACity Council Meeting: September 25, 2007
Agenda Item: ~-~
To: Mayor and City Council
From: Eileen Fogarty, Planning & Community Development
Subject:. Tentative Parcel Map No. 63173 for aTwo-Lot Subdivision at 939 San
Vicente Blvd.
Recommended Action
Staff recommends that the City Council take the following action subject to findings and
conditions contained in this staff report: Approve Tentative Parcel Map 06TM-013 (Map
No. 63173).
Executive Summary
Approval of this tentative parcel map will authorize the owner of the property at 939 San
Vicente Blvd. to subdivide the existing lot into two parcels, one of which retains the
existing single family residence. Approval of the final map by Council following this
action will finalize the process.
On October 18, 2006 the Planning Commission approved a three lot subdivision;
Tentative Parcel Map No. 63173 (TM06-013) at 939 San Vicente Blvd. The
Commission's approval was appealed on October 25, 2006 by two area neighbors who
contended the size of the 3 parcels created by the subdivision was inconsistent with the
City's General Plan since it was not in character with the neighborhood and would
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aggravate parking and traffic problems on Larkin Place. The appeal was heard by the
Council on January g, 2007. The Council upheld the appeal and denied the subdivision.
The City Council also gave conceptual approval to a two-lot subdivision. The applicant
has revised the proposed tentative parcel map to provide for atwo-lot subdivision which
retains the existing single-family residence on one of the parcels.
After careful research and analysis, staff has determined that the proposed two-lot
subdivision is:
1) Consistent with the Land Use Element and Housing Elements of the General
Plan, as well as the California Environmental Quality Act;
2) Does not create significant traffic or parking problems, and
3) Is consistent with the character and scale of the surrounding neighborhood.
Staff has identified and addressed the following issues in this staff report that should be
considered by the City Council in its review of the proposed subdivision:
• Consistency of the proposed subdivision with the Municipal Code and General
Plan, including Ordinance No. 2235 (CCS);
• Suitability of the site for atwo-lot subdivision that retains an existing single-family
on the site;
• Potential that the subdivision would cause public health problems or substantial
environmental damage, including traffic-related impacts; and
• Consistency of the proposed two-lot subdivision with the character and scale of
the neighborhood and general development pattern in the neighborhood.
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Discussion
Background -Initial Application and Appeal
The applicant filed subdivision application TM06-013 (Tentative Parcel Map No. 63173) with
the City Planning Division on June 20, 2006, requesting a tentative parcel map to
subdivide a 23,062 square-foot parcel (approximately one-half acre) at 939 San Vicente
Boulevard into three separate parcels for the purpose of constructing three new single-
family residences. The new parcels would have ranged in area from 7,414 square feet
to 8,147 square feet. The site is currently developed with one single-family home that
was proposed to be demolished to facilitate the subdivision. The subject property is
located in the R-1 Zoning District at the northwest corner of San Vicente Boulevard and
Larkin Place. The property is surrounded on all sides by single-family residences in the
R-1 zone, and is bounded by the City of Los Angeles at the northern edge of the City.
Diagram 1 below shows the property location in detail.
DIAGRAM 1: LOCATION OF SUBJECT PROPERTY
The Planning Commission conducted a public hearing and approved the three lot
subdivision on October 18, 2006. A number of neighbors spoke in opposition to the
proposed subdivision, based primarily on the smaller size of the new parcels and the
addition of 2 new houses on a cul-de-sac street (Larkin Place). However, the Planning
Commission concluded that:
• The subdivision would not change or undermine the character and scale of the
neighborhood;
• The addition of two more homes in the neighborhood would not trigger a
significant parking or traffic problem on Larkin Place;
• The re-orientation of the lot to have houses with street frontage presence on
Larkin Place was a very important element which would add to the streetscape
and pedestrian orientation experience of the neighborhood; and
• The size of the structures, not the size of the parcels, was a more important
concern for the neighborhood and the North of Montana R-1 development
standards have been designed to restrict the size of new homes (Planning
Commission Statement of Official Action )
The Commission's approval was appealed on October 25, 2006 by two area neighbors
who contended the size of the 3 parcels created by the subdivision was inconsistent
with the City's General Plan since it was not in character with the neighborhood and
would aggravate parking and traffic problems on Larkin Place. The Council heard the
appeal on .January 9, 2007 (Council Staff Report). During the appeal hearing some
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neighbors noted that atwo-lot subdivision of the 23,062 square .foot parcel which
retained the existing residence would yield two parcels that would be more in keeping
with the size of the existing parcels in the area. Further, the addition of one house and
not two on Larkin Place would have fewer traffic impacts on the cul-de-sac street. The
Council upheld the appeal and denied the subdivision, finding it to be inconsistent with
the Land Use and Circulation Element and to generate traffic impacts. However, the
City Council also concluded that the reduction of the proposed subdivision from three
parcels to two would significantly reduce these impacts and would result in a subdivision
that would be consistent with the City's General Plan. (Council Statement of Official
Action).
New Application for 2-Lot Subdivision
Following the Council action, the applicant approached City staff in March 2007 to
propose atwo-lot subdivision with the retention of the existing single-family residence
on-site. The proposal could not be processed as it would create non-conforming front
yard and side yard setbacks for the existing dwelling. On May 22, 2007 the Council
adopted Ordinance No. 2231 (CCS) which authorized approval of atwo-parcel
subdivision which retains an existing primary residence even though the residence
would not comply with required minimum side and front yard setbacks, under limited
circumstances (City Council Staff Report and Ordinance). Those circumstances are
that the parcel to be subdivided is a minimum of 20,000 square feet, the parcel upon
which the existing residence will be located will be at least 12,500 square feet, the
existing setbacks would not physically change and all other findings required for
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tentative map approval are made. Ordinance No. 2231(CCS) was extended on July 24,
2007 by the Council's adoption of Ordinance No. 2235 (CCS) which will expire on July
10, 2009 (City Council Staff Report and Ordinance).
Consistency with the General Plan
Land Use Element
The proposed subdivision is consistent with the City's General Plan, specifically Land
Use Element .Policy 1.10.1 which provides, in relevant part: "Encourage the
development of new housing in all existing residential districts, while still protecting the
character and scale of neighborhoods." The proposed subdivision would achieve this
goal by adding an additional single-family home on a parcel in scale with the
surrounding neighborhood. The R-1 zoned area surrounding the subject property is
characterized by parcels of varying sizes, dimensions and non-rectilinear configurations
created by multiple tracts established and recorded at different times. The parcel sizes
range from 8,620 square feet to 19,400 square feet in the immediate area, with no
typical parcel size or dimension. The proposed subdivision will retain an existing single
family residence on a 15,444 square foot parcel and, although the one parcel created by
the subdivision is somewhat smaller at 7,614 square feet, it is still 52% larger than the
minimum required parcel size. In addition, the proposed subdivision will preserve the
safety and character of Larkin Place through the retention of the existing residence and
a substantial reduction in demolition and construction impacts. Moreover, the
surrounding properties with very large parcel sizes are located adjacent to the north end
of the City, which are hillside properties adjacent to the bluffs with extreme topographic
6
characteristics. This results in much of the parcel area being un-usable in that the
sloped terrain does not permit buildable floor area. In addition, many of the existing
parcels have small parcel street frontages with dwellings that are significantly set back
from the street because of the non-rectilinear lot configuration (i.e., "flag" lots, "key"
lots). The proposed subdivision will result in parcels that are consistent with other lots
in the area in terms of their parcel street frontage, which will allow for new dwellings that
engage the streetfront pedestrian environment. As such, particularly as observed from
the street, the proposed map would not constitute a divergence from the scale and
character of the neighborhood. The subject property is located within a neighborhood
where the necessary public infrastructure and improvements are currently in-place, and
developments of similar use, density and design are prevalent. Pedestrian and
vehicular access to the proposed parcels will be provided from San Vicente Boulevard
and Larkin Place.
DIAGRAM 2: SURROUNDING PARCEL SIZES
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7
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'i Q.$YO S~i 'i ~~`gfl~ 02 SF' ~m
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7
DIAGRAM 3: PROPOSED SUBDIVISION WITHIN EXISTING NEIGHBORHOOD
T., ,
DIAGRAM 4: STREET-FRONT PRESENCE OF IRREGULAR-SHAPED PARCELS
110 Larkin Place (next door to subject property)
8
102 Winnett Place (street behind subject propertvl
109 Esparta Way
Housing Element
The proposed subdivision. is consistent with the City's Housing Element of the General
Plan. Specifically, Housing Element Goal 1.0 is to "promote the construction of new
housing within the City's regulatory framework." Policy 1.1 requires the City to provide
adequate sites for all types of housing, and Policy 1.7 mandates that the City maintain
development standards that ensure that the development of new housing in residential
neighborhoods is designed to fit within the existing neighborhood context.
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The proposed subdivision would fulfill the Housing Element goals and policies by
creating an additional single-family home in the R-1 neighborhood. Further, the subject
property is a suitable site to develop for housing, as the property is on a relatively flat,
one-half acre parcel which has the capacity to create two separate parcels within the
minimum parcel size requirements (50'x100') of the development standards in the R-1
District. Moreover, the proposed subdivision is designed in a manner that will fit in with
the existing neighborhood context as one of the new parcels will retain an existing
single-family residence.
Environmental Analysis
The project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15303, Class 3 (a) of the CEQA Guidelines. Single-family dwellings located in
residential zones and in an urbanized environment are exempt from environmental
review. In addition, the project is exempt pursuant to Section 15315, Class 15 of the
CEQA Guidelines as the subdivision is located in arr urbanized area, will result in the
creation of four or fewer parcels and is in compliance with existing zoning requirements.
At the Planning Commission public hearing, some members of the public expressed
concern that the proposed subdivision is not categorically exempt from CEQA because
they felt that the subject property contained endangered species habitat and protected
species of trees. City- Planning staff and the City's Urban Forester conducted a site
inspection of the property in early December 2006 to investigate. The City's Urban
Forester determined that none of the existing trees on the property were of a historic
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nature or worthy of some form of preservation because they .are not considered
specimen trees. Moreover, staff has documented that the property does not contain
any fish or wildlife habitat and is not a particularly sensitive environment that would
trigger further analysis under CEQA.
Public Outreach
Notice of the public hearing was published in the Santa Monica Daily Press and mailed
to all owners and occupants of property located within a 300-foot radius of the project at
least 10 days prior to the hearing.
Budaet/Financial Impact
The recommendation presented in this report does not have any budget or fiscal impact.
Prepared by:
Paul Foley, Principal Planner
,Attachments: A: Subdivision Map (Tentative Parcel Map No. 63173)
B: Findings and Conditions of Approval
Approved:
Forwarded to Council:
ueveiopment
11
ATTACHMENT A
Subdivision Map
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk's office and the Libraries.
12
SCALE: I°~0'
MAP PREPARED BY:
2a
A TENTATIVE PA~ZCEL MAP No. 63173
OVER LOT ? OF TACT No. 15938 AS RECORDED IN BOOK 352 PAGE 37 OF'MAPS, IN
THE CITY OF SANTA 1VIONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
CHIMING GONG
Registered CivB EngineecRCH 34712 (I.ic expms 9-30-0'1)
Professioml Land Sucveym~FLS 7243 (Lic expose 12-31-06)
3918 HumnAv #3 Culver (Sty,CA 90232
(310)287-0427
DATE PREPARED: 7ANUARY24, 2007
SCALE: 1"-20'.
CONTOUR INTERVAL: 2' (derived from field e:mey ped'armed on 5-19-05
mdupdafed 5-15-06 andan 12-31.06)
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CURVE DATA
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Field Hook 4174 HLHVATION: 239_785 -
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NOTES:
1. THEPROPOSED LAND USE IS SINGLE
FAME Y RESIDENITALCONPORMING TO
CURRHN'f ZONING REGULATIONS.
2. TEERE ARH NO AREAS SUB]ECTTO
PIUNDATION OR STORM WATER
- OVERPIAW.
3. THERE ARE NO PROPOSED UecaMnnrrS
FORTAIS SOBDIVLSION. ~ -
4. OWNER/S(JBDNIDER SHALL COMPLY
WTPB:ALLREQUJREMENI'SPROM TH8
CITY OF SANTAMOHICADEPARTMBNT OF
ENVHIONMENTAL AND PUBLIC WORKS
MANAGEMENT.
5. EACH INDIVIDUAL: SITE SHALL DRAIN TO
THE ADJACENT STRHET WITHOUT
FLOWING OVERTHE SIDEWAISCTO THE
SATISFACTION OF THE CITY ENGINEER.
6. THe PROPOSED PRO]ECTS WE,LNOT
EXCRED 32 FBET INAEICriTC, TH8
MAXIMUM PHRMI'1TBD HHGILT.M TUE RI
DISTRICT.
7. THEPAOPOSEDPRO]ECTS SHAL T. COMPLY
WPfH THE RIiQUIRBIvIBN1S SHf FORIT2IN
SMMC SHCt70t19.04.10.08 (OFF-S'iREE1'
PARKING REQU1RH1vf EN1'S)..
8. ILICHPARCEI, SHOWN11B7RHON WE.L BB
REl]UEtED TO DEMONS7RATH
COMPLLANCB WITH 3MMCCHAPTER7.10
- (URBAN RUNOFF POLLUTION
REQU[RSMENTS)PRIORTOISSUANCE OF
A BUH.DING PERMIT BY THE CITY OF
SANTA MONICA
73ry
SBEET I OF 1
REVISED 1-24-0?
OWNERS: Mr. and Mxe. GBRALD T. MANPEARI.
' 939 SaaVicente BoulevaN
Santa MBNm, CA 90402
SURVEYOR: CH[ MING GONG, PLS T243
3918 Hmm Av#3
Cutver City,CA 90232
(310) 287-0427 - -
(310) 779-5402 ce8
ASSESSORS PARCEL NUMBER:
THOMAS GUIDE MAP PAGE:-
EXISTINGLAND USE:
PROPUSED LAND US&
4280-004-017
63vc6
SingleFamRy Residential Dwelling, Zone RI
SingleFemRyResidential DwelEng, Zone RI
APPROVED FORCIlYEN01NEER
CIttOFSANTAMONICA
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ATTACHMENT B
Subdivision Map Findings and Conditions
FINDINGS:
1. The proposed map is consistent with applicable general and specific plans as
specified in Government Code Section 65451. Specifically, while the subject
property is not located in an area governed by a specific plan as specified in
Government Code Section 65451, the proposed map is consistent with Land Use
Element Policy 1.10.1 which provides, in relevant .part: "Encourage the
development of new housing in all existing residential districts, while still
protecting the character and scale of neighborhoods." The site is zoned R-1. The
area is characterized by parcels of varying sizes, dimensions and non-rectilinear
configurations created by multiple tracts established and recorded at different
times. The parcel sizes range from 8,620 square feet to 19,400 square feet in the
immediate area, with no typical parcel size or dimension. While the proposed
subdivision will create one parcel that is somewhat smaller at 7,614 square feet,
the proposed subdivision will preserve the safety and character of Larkin Place
through the retention of the existing residence and a substantial reduction in
demolition and construction impacts. Moreover, the surrounding properties with
very large parcel sizes are located adjacent to the north end of the City, which
are hillside properties adjacent to the bluffs with extreme topographic
characteristics. This results in much of the parcel area being un-usable in that
the sloped terrain does not permit buildable floor area. In addition, many of the
existing parcels have small parcel street frontages with dwellings that are
significantly set back from the street because of the non-rectilinear lot
configuration (i.e., "flag" lots, "key" lots). The proposed subdivision will result in
parcels that are consistent with other lots in the area in terms of their parcel
street frontage, which will allow for new dwellings that engage the streeffront
pedestrian environment. As such, particularly as observed from the street, the
proposed map. would not constitute a divergence from the scale and character of
the neighborhood. The subject property is located within a neighborhood where
the necessary public infrastructure and improvements are currently in-place, and
developments of similar use, density and design are prevalent. Pedestrian and
vehicular access to the proposed parcels will be provided from San Vicente
Boulevard and Larkin Place.
2. The design or improvement of the proposed subdivision is consistent with
applicable general and specific plans. Specifically, while the subject property is
not located in an area governed by a specific plan, compliance with the City's
General Plan is required. Although no improvements are associated with the
proposed subdivision, any future development of the parcels will be consistent
with the policies set forth in the City's General Plan.
13
3. The site is physically suitable for the type of development. Specifically, the
subject parcel to be subdivided is large in size and located within an urbanized
area adequately served by existing roadways and infrastructure. No physical
development is proposed at this time, only site subdivision.
4. The site is physically suitable for the proposed density of development.
Specifically, the subject parcel is large in size and located within an urbanized
area adequately served by existing roadways and infrastructure. Although no
improvements are associated with the proposed subdivision, any future
development of the parcels will be consistent with policies set forth in the City's
General Plan and Zoning Ordinance.
5. The design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat, in that the proposed subdivision is located in an
urbanized area that does not contain habitats or would otherwise injure fish and
wildlife and no improvements are associated with the proposed subdivision.
6. The design of the subdivision or the type of improvement is not likely to cause
serious public health problems. The subdivision of the parcel does not have the
potential to disrupt the urban environment or otherwise cause serious public
health problems because no improvements are associated with the proposed
subdivision. Any future development of the parcels will be consistent with policies
set forth in the City's General Plan and Zoning Ordinance.
7. 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 there are no public easements located
within the proposed subdivision.
8. The proposed subdivision is consistent with any ordinance or law of the City of
Santa Monica. Specifically, the project has demonstrated compliance with the
applicable minimum parcel size and dimensions contained in the Zoning
Ordinance and the provisions of Ordinance No. 2135 (CCS). Although no
improvements are associated with the proposed subdivision, any future
development of the parcels will be consistent with policies set forth in the City's
General Plan and Zoning Ordinance.
CONDITIONS OF APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
Administrative
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1. 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.
2. 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.
Conformance with Approved Plans
3. The Plans shall comply with all applicable provisions of Article IX of the Municipal
Code and all other pertinent ordinances and General Plan policies of the City of
Santa Monica.
Cultural Resources
4. 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.
Standard Conditions
5. Final parking lot layout and specifications shall be subject to the review and
approval of the Transportation Management Division.
6. Prior to issuance of a building permit, a copy of the recorded map shall be
provided to the City Planning Division.
ENVIRONMENTAL PUBLIC WORKS MANAGEMENT (EPWM)
Drainage
7. Notwithstanding any Subdivision Map notations to the contrary, in order to
mitigate storm water and surface runoff from the project site, an Urban Runoff
Mitigation Plan may be required by the Department of Environmental and Public
Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. The
applicant shall contact EPWM to determine applicable requirements, which
include the following:
15
• Non-stormwater runoff, sediment and construction waste from the
construction site and parking areas is prohibited from leaving the site;
• An sediments or materials which are tracked off-site must be removed the
same day they are tracked off-site;
• Excavated soil must be located on the site and soil piles should be
covered and otherwise protected so that sediments do not go into the
street or adjoining properties;
• Washing of construction or other vehicles shall be allowed adjacent to a
construction site. No runoff from washing vehicles on a construction site
shall be allowed to leave the site;
• Drainage controls may be required depending on the extent of grading
and topography of the site; and
• New development is required to reduce projected runoff pollution by at
least twenty percent through incorporation of design elements or
principles, such as increasing permeable surfaces, diverting or catching
runoff via swales, berms, and the like; orientation of drain gutters towards
permeable areas; modification of grades; use of retention structures and
other methods.
Off-site
8. 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.
9. 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.
Final Map Requirements
10. 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.
11. The form, contents, accompanying data, and filing of the final subdivision map
shall conform to the provisions of SMMC Sections 9.20.12.010 through
9.20.08.090 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.
12. 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 fora 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.
16
13. Prior to approval of the Final Map, the requirements of Santa Monica Municipal
Code Section 9.04.10.16.010 (d) shall have been met.
17