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SR-092308-6Bc7® ~;tYof City Council Report Santa Monica City Council Meeting: Septembe~2008 Agenda Item: l[~ To: Mayor and City Council From: Eileen Fogarty, Planning & Community Development Subject: Appeal of Planning Commission's Approval of Vesting Tentative Tract Map fora 12-unit Condominium Project at 860 Third Street Recommended Action Staff recommends the City Council deny appeal 08APP-011 and uphold the Planning Commission's approval of Tract Map 06TM-041 allowing the airspace subdivision for the purpose of constructing a new 12-unit residential condominium project at 860 Third Street subject to the recommended findings and conditions. Executive Summary The applicant, Federal Avenue Partners, LLC, requests approval of Tentative Tract Map (06TM-041) to allow an airspace subdivision for the purpose of constructing a new 12- unit residential condominium project comprised of 10 market-rate units and 2 moderate- income level units. The Planning Commission approved the application after making the requisite findings concluding that the project is consistent with the applicable General Plan and zoning regulations, is not likely to cause environmental damage, and is physically suitable for the site. On July 30th, 2008, the appellants filed appeals for the Commission's approval of 860 Third Street and 858 Third Street (Attachment A). 858 Third Street also involves a tentative map fora 12-unit condominium project on the adjacent parcel: The Planning Commission's approvals of the Tentative Tract Maps were appealed on the basis of the following claims: • Project site (860 Third Street) and adjacent project site (858 Third Street) are occupied by one structure and therefore should be considered as one site; Project design flaws related to air, light, common area, green space; building height and massing; 1 • Concerns related. to noise, dust, fumes, traffic, parking, and health of neighboring residents due to proposed construction; • Inadequate public noticing; Inaccurate and inadequate environmental review; and • Contrary to the best interests of the City and residents. As detailed below, Staff supports the Planning Commission's action in approving the project. Background On December 12, 2006, the applicant applied for a Vesting Tentative Tract Map to allow an airspace subdivision fora 12-unit condominium complex. The applicant, Federal Avenue Partners LLC, also filed a separate application. fora 12-unit condominium project for the adjacent site to the north at 858 Third Street. A CEQA Class 32 Exemption determination was completed on February 21, 2008. The environmental review evaluates the subject site and the adjacent project site. Project /Site Information The following table provides a brief summary of the project location: Zoning District: Land Use Element Designation: Parcel Area (SF): Parcel Dimensions: Existing On-Site Improvements (Year Built): Rent Control Status Multiple Residential High Density Residential 11,250 75'W x 150'D 14 unit apartment building constructed in 1954 to be demolished 14 RenYControlled UnItS Adjacent Zoning Surrounded by R3 Districts and Land Uses: Zoned Parcels with Multi-Family Residential Units a ~-°' re xry Site Location Map 2 The proposed subdivision is consistent with the City's General Plan in that a twelve (12) unit condominium subdivision is proposed in an area where High Density Residential uses are encouraged, and the proposed density of development complies with the limitations established for this land use district. The proposed design of the units will also meet the intent of the General Plan by not exceeding three (3) stories or 35 feet in height. Developments of similar use and density are also prevalent in the immediate neighborhood. Discussion Planning Commission Action At its April 16th, 2008 hearing, the Planning Commission reviewed the proposed project and continued the item to allow the applicant and Staff to further clarify information related to both 860 and 858 Third Street project sites. More specifically, the Planning Commission requested the following: The verification of the property sites as two separate parcels; ® The applicability of the Construction Rate Program; • The existing buildings' potential as historic resources ® The methodology used for the traffic analysis and issues related to alley activity, • The cumulative impacts of side-by-side projects, and; • The projects' consistency with the Housing Element and the Affordable Housing Production Program. At its June 18, 2008 hearing, the Planning Commission reviewed the requested information. The Planning Commission voted to approve the Vesting Tentative Tract Map with added conditions. The added conditions included requiring that the Architectural Review Board pay special attention to the project's landscaping, use. of property line walls, visual permeability and pedestrian orientation along Idaho Avenue and to review the building's design in a manner that is compatible with the adjacent site at 858 Third Street. 3 More information and details can be found in the staff reports vvhich can be viewed at the following web addresses April 16~h, 2008 Hearing http://www01.smgov. net/plan n i ng/commission)agendas/pc2008/ps2008041608-C. pdf June 18th, 2008 Hearing http://www01. smgov. net/plan n ing/commission)agendas/pc2008/ps2008061808-B. htm Appeal Analysis On July 30~h, 2008, the appellants appealed both the Commission's approval of 860 Third Street and 858 Third Street (Attachment A). The appellants are tenants of 858 and 860 Third Street. The appellants' claims are the same for both appeals and are assessed below. Separate Project Sites The appellants state that the subject site (860 Third Street) and adjacent project site (858 Third- Street) are occupied by one development and therefore should be considered one project site. Specifically, the appellants identify existing conditions of a shared wall between the two parcels and shared use of amenities including the courtyard area, laundry rooms, and parking spaces. The two adjacent parcels indeed share a dividing wall located below grade that serve to separate the existing subterranean garages. However, Staff has confirmed that each building is situated on a separate parcel. Staff's conclusions are based on the review of the following materials: Title Report & Los Angeles County Assessor's Parcel Maps (Attachment B), describing and illustrating two lots and separate parcel numbers; • Building address records; and (Attachment F) • Rent Control Registrations. (Attachment F) Declarations prepared by the tenants state that the courtyard style apartments and amenities are used as one development even though each property includes a separate laundry facility and parking area. Although the property management may currently 4 allow the shared use of the various amenities for the existing structures, the proposed development on the subject site and adjacent site will constitute independent projects with separate access, utilities, and amenities. The construction and operation of each of the proposed condominium buildings will be under separate permits and have separate Home Owner Associations. The appellants' statement also refers to a previous application filed for 860 Third Street that was reviewed by the City Council on August 10, 1993. However, Council action on a different development application over fifteen years ago is not relevant to this matter. Staff finds that the evidence establishes the subject site and the adjacent project site are two separate parcels and the filing of separate applications was appropriate. Project Design The appellants state that the project possesses design flaws related to air, light, common area, green space, building height and massing in comparison to the existing building. The proposed project application consists of a map that represents the airspace division delineating the proposed number of units and building footprint. The proposed project does not exceed the Development Review threshold of 22,500 square feet and therefore issues related to design, size, massing, or neighborhood compatibility are not part of this review. 5 Detailed building design, colors, materials, and landscaping are not submitted in conjunction with a Tentative Tract Map application. Such details will subsequently be reviewed by the Architectural Review Board where the design considerations related to neighborhood context evaluated. As a general condition of approval of the tentative map, the project plans for the condominium development will be subject to a complete Code Compliance review when the condominium plans are submitted for plan check and must comply with all applicable City of Santa Monica ordinances, regulations, and policies prior to building permit issuance. The Planning Commission's conditions of approval for the project also included specific direction for the Architectural Review Board to review architectural theme, full design integration- of the affordable units, compatibility of the adjacent project site, landscaping, and pedestrian orientation. Environmental Analysis and Construction Impacts Concerns related to construction noise, dust, fumes, traffic, parking, and health of neighboring residents are also raised in the appellants' appeal statement. Environmental consultants, PCR Services, Inc., prepared a Class 32 exemption for the proposed project. The project is exempt from the California Environmental Quality Act 6 Bird's Eye View of Massing and Density of Immediate Neighborhood (CEQA) pursuant to Class 32, Section 15332 (b) of the CEQA Guidelines, where projects characterized as in-fill development; meet the following conditions: 1. .The project is consistent with the applicable general plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. 2. The proposed development occurs within the city limits on a project site of ho more than five acres substantially surrounded by urban uses. 3. The project site has no value as habitat for endangered, rare, or threatened species. 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. 5. The site can be adequately served by all required utilities and public services. Documentation verifying compliance with the above conditions is included with this report as Attachment C. The environmental review evaluates the subject project site and adjacent project site located at 858 Third Street. Although the two projects constitute separate developments since they will not contain shared access or amenities, the potential environmental impacts were reviewed jointly as a conservative approach. The technical data contained in the report concluded that no significant air quality or noise- impact. would occur as a result. of the proposed project. Furthermore, a traffic analysis determined that since the proposed developments consist of fewer units than presently exists, fewer vehicle trips will be generated than the existing buildings. As a result, the project would not result in any significant traffic impacts. With respect to the appellants' statement that the commencement of construction would jeopardize. the health and safety of the tenants on the adjacent property, the Department of Environmental and Public Works Management. must approve a construction plan for each project site. Projects involving excavation abutting an existing building or property line wall are required to submit detailed, technical documents such as a geotechnical report and an excavation and shoring plan for review by-the City's Building & Safety Division. Construction sites are also subject to 7 compliance with the City's Noise Ordinance and subject to construction noise design controls. These design controls include limiting the construction activity hours, days and decibel levels, and providing a list of measures to be implemented to minimize noise impacts on nearby residences. Additionally, on.March 11, 2008 the City Council clarified the applicability of the City's Construction Rate Program that limits the number of projects in close proximity to each other. The program regulates the timing and distribution of construction projects during the building permit process: The two projects located at 860 and 858 Third Street are subject to the Construction Rate Program. Consequently, only one project site can be issued a building permit within a 15-month period. Public Notice The appellants state that the Planning Commission hearings were inadequately noticed. Specifically, declarations .regarding a lack of notice have been attached in the appellants' materials stating that the declarant did not receive a notice of public hearing forYhe Planning Commission meetings. The applicant provided a list of mailing labels prepared and certified by Joseph Cahn, Civil Engineer & Land Surveyor. Notices were mailed in accordance with noticing requirements set forth in SMMC 9.20.14.010 for the hearing on April 16, 2008 and continued hearing on June 18, 2008. A 300-foot radius map and list of property owners and building occupants were submitted as part of the application and are contained in the project file. Additionally, the September 9, 2008 City Council meeting has been noticed in accordance with legal requirements. Planning Commission Findings The appellants assert that the Planning Commission's findings for approval are contrary to the best interests of the City. Specifically, the appellants state that the goals for affordable housing are in conflict with the findings for approval. 8 Pursuant to SMMC 9.20.14.040, the following findings are required in order to approve a tentative map: 1, The proposed map is consistent with applicable general and specific plans as specified in Government Code Section 65451. 2. The design or improvement of the proposed subdivision is consistent with. applicable general and specific plans. 3. The site is physically suitable for the type of development. 4. The site is physically suitable for the proposed density of development. 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. 6. The design of the subdivision or the type of improvement is not likely to cause serious public health problems. 7. The desigh 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. 8. The proposed subdivision is consistent with any ordinance or law of the City of Santa Monica. The Planning Commission found that the proposed project will not exceed the permitted building height of 35-feet and unit density limitations set forth in the General Plan. The site is suitable for development in that the parcel is within an urbanized area and adequately served by existing roadways and infrastructure and cari physically accommodate the proposed development. Additionally, the proposed project is consistent with the City's current Housing Element. Housing Plan Goal 2.0 is to "increase the supply of housing affordable to very low, low, and moderate income persons." The Housing Element goal is further supported by Policy 2.3: "to cooperate with housing providers to promote the development and operation of rental housing for very low and low income households, and ownership housing for low and moderate income household units in compliance with the City's Affordable Housing. Production Program. The applicant is providing two (2) ownership units in accordance with the Affordable Housing Production Program and will be required to meet all of its applicable provisions including sales price, monthly payment, and limited equity and resale restrictions. The 9 program requires verification of eligibility and household income of interested buyers/renters. Financial Impacts & Budget Actions This recommendation has no budget or fiscal impact. Prepared by: Grace Cho, Associate Planner to Council: Director, Pla'r Development ~inont Ewell Manager Attachments: A. Appeal Form & Materials B. Title Report & Los Angeles County Assessor's Office Parcel Map C. Class 32 Exemption Environmental Assessment D. Vesting Tentative Tract Map No. 68402 E. Planning Commission Statement of Official Action F. Rent Control Registrations and Permits 10