Planning Commission Meeting: September
20, 2006
Agenda Item: 8-C
To: Planning Commission
From: Amanda
Schachter, City Planning Division Manager
Subject: Tract Map 06-018; Vesting Tentative Parcel Map No. 062854
Address: 1048 Tenth Street
Applicant: Harvey
Goodman
This report recommends that the Planning Commission take the following actions, subject to the findings and
conditions contained in Attachment B:
1.
Approve Application 06TM-018;
2.
Approve Statement
of Official Action.
The applicant requests approval of an airspace subdivision at the
subject property for the purpose of constructing a new four unit residential
condominium project. Pursuant to Santa Monica Municipal Code Section
9.20.02.090, the Planning Commission is the responsible authority to approve,
conditionally approve, or deny tentative subdivision map applications.
Project / Site Information
The following table provides a
brief summary of the project location:
|
Zoning
District:
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R2,
Low Density Multiple Residential District
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   Site
Location Map
|
|
Land
Use
Element Designation:
|
Low
Density Housing
|
|
Parcel
Area (SF):
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7,500
SF
|
|
Parcel
Dimensions:
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50’
x 150’
|
|
Existing
On-Site Improvements (Year Built):
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A
two-story apartment building and a one-story garage structure, both
constructed in 1946
|
|
Rent
Control Status:
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Pending
removal of 7 Rent Controlled Units
|
|
Adjacent
Zoning Districts and Land Uses:
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R2
District
Multi-Family
Residential Buildings to the north, east and west; surface parking lot in R2
District to the south.
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Subdivision Information
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Parcel Map
Number:
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062854
|
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Subdivider/Applicant:
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1048 10th Street, LLC / Harvey Goodman
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Number of Units:
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4
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City Engineer
Preliminary Approval Date:
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August 15, 2006
|
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Required Off-Site
Improvements:
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See conditions of
approval.
|
|
Covenants,
Conditions and Restrictions (CC&Rs):
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The CC&Rs
will be reviewed and approved as to form by the City Attorney consistent with
SMMC 9.20.02.060 and prior to approval of the final map.
|
|
Fees:
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Parks and
Recreation Facilities Tax ($200 / unit).
Total tax = $800
Condominium
Facilities Tax ($1,000 / unit).
Total Tax = $4,000
|
Environmental Analysis
The
project is exempt from the California Environmental Quality Act (CEQA) pursuant
to Class 3, Section 15303 (b) of the State CEQA Guidelines. Projects located in
an urbanized environment designed for not more than six dwelling units are,
consistent with the Guidelines, exempt from environmental review.
Moreover, the project, including the property and any existing
improvements have been reviewed, and for the purposes of CEQA, determined not
to be a significant historic resource. Notwithstanding this CEQA determination,
because the existing structures
proposed for demolition are over 40 years old, a permit to demolish the existing improvements will not be issued until
the Landmarks Commission reviews the demolition permit application and all
requirements of SMMC Section 9.04.10.16.010 (d) are met. The City’s Landmarks Commission retains
jurisdiction to review the demolition permit application and to nominate the
improvement as a City Landmark or Structure of Merit pursuant to the
designation criteria and procedures contained in Chapter 9.36 of the Santa
Monica Municipal Code.
A demolition permit application for the subject property was reviewed
by the Landmarks Commission on April 11, 2005 and no action was taken to
prevent the demolition.
Project Analysis
The proposed four (4) unit condominium project is subject to the regulations
and standards as set forth in Article 9 of the Municipal Code. Staff has
completed a preliminary review of the proposed four-unit condominium project
for compliance with the Low Density Multiple Residential (R2) district
development standards, and finds that the applicant’s proposal appears to
generally conform to the applicable zoning and design standards. However, this review is only intended to
identify aspects of the plans that could result in significant changes to the
project’s design. A complete
code-compliance review will occur when the application is submitted for plan
check. It is the applicant’s
responsibility to ensure that the plans comply fully with all applicable
provisions of the Municipal Code. The
project is subject to review by the Architectural Review Board.
The proposed subdivision is consistent with the City’s General Plan in
that a four (4) unit condominium subdivision is proposed in an area where Low Density
Residential uses are encouraged, and the proposed density of development is
below 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 two (2) stories or 30-feet in height. In addition, the proposal will
conform to the density limitations of the R2 district development standards,
where a maximum of five (5) dwelling units could be permitted on-site. The subject property is relatively flat and
is does not contain any fish or extensive wildlife habitat. It 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
access to the site is provided from Tenth
Street and vehicular access to the site is by means
of an adjacent rear alley (Ninth Court). The subject property is not constrained by
any public use or access easements. In general, the proposed airspace
subdivision will not compromise the public’s health and general welfare. The parcel map is included with this report
as Attachment D.
In
addition to the recommended action, the Planning Commission could consider the
following with respect to the project:
A1.
Continue the project for specific reasons, consistent with applicable
deadlines and with agreement from the applicant
A2.
Articulate revised findings and/or conditions to Approve OR Deny
the subject application, with / without prejudice
Prepared by: Ava M. Pecherzewski, Associate
Planner
Paul
Foley, Principal Planner
Attachments
A.
Process
Review Times & Deadlines
B.
Draft
Statement of Official Action
C.
Public
Notification & Comment Material
D.
Vesting
Tentative Parcel Map #062854
ATTACHMENT B
DRAFT STATEMENT OF OFFICIAL
ACTION
 City of Santa Monica
City Planning Division
DRAFT
PLANNING COMMISSION
STATEMENT OF OFFICIAL
ACTION
|
|
PROJECT INFORMATION
CASE NUMBER: Tract Map 06TM-018
LOCATION: 1048 Tenth Street
APPLICANT: Harvey
Goodman
Property Owner: 1048 Tenth Street,
LLC
CASE PLANNER: Ava M. Pecherzewski, Associate Planner
REQUEST: The
applicant requests approval of a vesting tentative parcel map (No. 062854) for
the purpose of constructing a new four-unit residential condominium project.
CEQA STATUS: The project is categorically exempt from the
provisions of CEQA, pursuant to Class 3, Section 15303(b).
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PLANNING COMMISSION ACTION
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September 20,2006
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Determination Date
|
|
X
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Approved based on the following findings and subject to the conditions
below.
|
|
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Denied.
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|
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Other:
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EFFECTIVE
DATES OF ACTIONS IF NOT APPEALED:
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October 1, 2006
|
|
EXPIRATION
DATE OF ANY PERMITS GRANTED:
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October 1, 2008
|
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LENGTH OF ANY
POSSIBLE EXTENSION OF EXPIRATION DATES*:
|
Maximum three (3)
years with Planning Commission approval
|
* Any request for an
extension of the expiration date must be received in the City Planning Division
prior to expiration of this permit.
Each and all of the
findings and determinations are based on the competent and substantial
evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information
contained herein or in the findings are based on the substantial evidence in
the record. The absence of any
particular fact from any such summary is not an indication that a particular
finding is not based in part on that fact.
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, compliance with the City’s General Plan is
required. For the purpose of subdividing the subject parcel, there are two
pertinent policies that must be evaluated with the map; those policies relate
to building height and unit density. As noted and shown on the subject map, the
project complies with applicable policies, including unit density and height
standards for the subject land use designation.
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. As noted and shown on the subject map, the proposed
improvements will not exceed land use designation limits to building height and
unit density.
3.
The
site is physically suitable for the type of development. Specifically, the
subject parcel is a standard-sized parcel located within an urbanized area
adequately served by existing roadways and infrastructure. The property is
physically able to accommodate the proposed development.
4.
The
site is physically suitable for the proposed density of development.
Specifically, the subject parcel is a standard-sized parcel located within an
urbanized area adequately served by existing roadways and infrastructure.
Moreover, the type of development and unit density is consistent with policies
set forth in the City’s General Plan and other improvements in the general
vicinity.
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.
6.
The
design of the subdivision or the type of improvement is not likely to cause serious
public health problems. The proposed subdivision is for a property located in
an urbanized area and is consistent with other similar improvements in the
area. As noted and shown on the map, the project complies with height and unit
density limitations set forth in the General Plan. The subdivision of the
parcel does not have the potential to disrupt the urban environment or
otherwise cause serious public health problems.
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 applicable unit
density and height limitations set forth in the underlying land use
designation. Moreover, as conditioned, the project must comply with all applicable
provisions of the Zoning Ordinance, which will be comprehensively evaluated
during the City’s plan check review process, prior to issuance of a building
permit.
CONDITIONS OF
APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
Administrative
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.
An appeal of the approval conditions of
approval, or denial of a subdivision map must be filed with the City Clerk
within ten consecutive days following the date of Planning Commission
determination in the manner provided in Part 9.20.14, Section 9.20.14.070. Any
appeal must be made in the form required by the Zoning Administrator.
3.
Pursuant to SMMC Section 9.04.10.02.450(d), if
the Building Official determines that another building permit has been issued less than fifteen months
prior to the date on which the building permit for this project has received
all plan check approvals and none of the relevant exceptions specified in
9.04.10.02.450(c) and (e) apply, the Building Official shall place the project
on a waiting list in order of the date and time of day that the permit
application received all plan check approvals, and the term of this approval and
other City approvals or permits necessary to commence the project shall be
automatically extended by the amount of time that a project remains on the
waiting list. However, the permit shall
also expire if the building permit expires, if final inspection is not
completed or a Certificate of Occupancy is not issued within the time periods
specified in SMMC Section 8.08.060. A
one year extension may be permitted if approved by the Director of
Planning. Applicant is on notice that
time extensions shall not be granted if development standards or the
development process relevant to the project have changed since project
approval. Extension requests to a subdivision map must be approved by the
Planning Commission.
4.
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
5.
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.
Fees
6.
A Park and Recreation Facilities Tax of $200.00
per residential unit shall be due and payable at the time of issuance of a
building permit for the construction or placement of the residential unit(s) on
the subject lot, per and subject to the provisions of Section 6.80.010 et seq.
of the Santa Monica Municipal Code.
7.
Pursuant
to Santa Monica Municipal Code (SMMC) Chapter 9.56, the project is subject to
the City's Affordable Housing Production Program which requires a 4-unit development to provide at least one (1) very low income affordable unit or one (1) low income affordable unit (SMMC Section
9.56.050), provide the affordable units off-site (SMMC Section 9.56.060), pay
an affordable housing fee (SMMC Section 9.56.070), or acquire land for
affordable housing (SMMC Section 9.56.080).
At this time, the developer has elected to
satisfy the City’s Affordable Housing Production requirement through payment of
the applicable affordable housing fee which is calculated based on the
project’s floor area as defined by SMMC Section 9.04.02.030.315. The fee will be calculated prior to
payment based on the requirements of the Affordable Housing Production Program,
Section 9.56.070 and shall be based on the affordable housing unit base fee in
effect at the time the affordable housing fee is paid to the City. The fee must be paid in full prior to the
City granting any approval for the occupancy of the project, but no earlier
than at the time of building permit issuance.
8.
Prior
to issuance of a condominium license, the developer shall provide for the
payment of a Condominium Tax of $1,000 per planned salable unit pursuant to
Chapter 6.76 of the Santa Monica Municipal Code.
Cultural Resources
9.
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.
Rent Control
10.
Pursuant
to SMMC Section 4.24.030, prior to receipt of the final permit necessary to
demolish, convert, or otherwise remove a controlled rental unit(s) from the
housing market, the owner of the property shall first secure a removal permit
under Section 1803(t), an exemption determination, an approval of a vested
rights claim from the Rent Control Board, or have withdrawn the controlled
rental unit(s) pursuant to the provisions of the Ellis Act.
CC&Rs
11.
Prior
to issuance of building permits, Condominium Association By-Laws and a
Declaration of CC & R's shall be reviewed and approved by the City
Attorney. The CC&R's shall contain a
non-discrimination clause as presented in SMMC Section 9.20.20.020 and such
provisions as are required by SMMC Section 9.04.16.01.030(e).
Standard Conditions
12.
Final
parking lot layout and specifications shall be subject to the review and
approval of the Transportation Management Division.
13.
Prior
to issuance of a building permit, a copy of the recorded map shall be provided
to the City Planning Division.
14.
Prior
to the issuance of a building permit, the applicant shall demonstrate
compliance with Subchapter 9.04.16 Condominiums, including the provisions of
Ordinance No. 2131 (CCS).
ENVIRONMENTAL PUBLIC WORKS MANAGEMENT (EPWM)
Drainage
15.
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.
Prior to submittal of landscape plans for Architectural Review Board
approval, the applicant shall contact EPWM to determine applicable
requirements, which include the following:
·
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
16.
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.
17.
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
18.
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.
19.
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.
20.
One
mylar and one blue-line copy of the final map shall be provided to and recorded
with the Los Angeles County Recorder prior to issuance of any building permit
for a condominium project pursuant to Government Code Section 66499.30.
Applicant shall also provide the County with a copy of this Statement of
Official Action at the time the required copies of the map are submitted.
21.
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.
VOTE
Ayes:
Nays:
Abstain:
Absent:
NOTICE
If this is a final decision not subject to further appeal
under the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, the time
within which judicial review of this decision must be sought is governed by
Code of Civil Procedure Section 1094.6, which provision has been adopted by the
City pursuant to Municipal Code Section 1.16.010.
I hereby
certify that this Statement of Official Action accurately reflects the final
determination of the Planning Commission of the City of Santa Monica.
_____________________________ _____________________________
Gwynne Pugh, Chairperson Date
Acknowledgement by Permit Holder
I
hereby agree to the above conditions of approval and acknowledge that failure
to comply with such conditions shall constitute grounds for potential
revocation of the permit approval.
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Print Name and Title
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Applicant’s Signature
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ATTACHMENT C
PUBLIC NOTIFICATION
INFORMATION
Consistent with SMMC 9.20.14.010, notice of the subject application was
published in a newspaper of general circulation (Santa Monica Daily Press) and mailed to owners and occupants within
300 feet of the property, at least ten days prior to the hearing. In addition,
a copy of the notice was posted on the City’s website, on the City’s bulletin
board, and copies of the agenda mailed to all City-recognized neighborhood groups
prior to the hearing.
On August 7, 2006, the applicant was notified by telephone of the
subject hearing date.
|
The applicant provided the
following information regarding attempts to contact area property owners,
residents, and recognized neighborhood associations:
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Neighborhood Association
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Applicant provided an e-mail message that notified the
Wilshire-Montana Neighborhood Coalition of the project.
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Adjacent Neighbors
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No contact information provided.
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Community Meetings
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No contact information provided.
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Other:
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No contact information provided.
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA PLANNING COMMISSION
SUBJECT: Tract Map 06-018
1048 10th
Street
APPLICANT: Harvey
A. Goodman
PROPERTY OWNER: 1048 10th Street,
LLC
A public hearing will be held
by the Planning Commission to consider the following request:
The applicant requests approval of a Vesting
Tentative Parcel Map No. 062854 to subdivide one lot into four airspace parcels
in conjunction with a proposed four-unit residential condominium development.
DATE/TIME: WEDNESDAY,
SEPTEMBER 20, 2006, AT 7:00 PM
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 Planning Commission public hearing, or by writing a letter. Written
information will be given to the Planning Commission at the meeting.
Address your letters to: Ava
Pecherzewski, Associate Planner
Re:
06TM-018
City
Planning Division
1685 Main Street,
Room 212
Santa Monica, CA
90401
MORE INFORMATION
If you want more information about this project or
wish to review the project file, please contact Ava Pecherzewski at (310)
458-8341, or by e-mail at ava.pecherzewski@smgov.net. The Zoning Ordinance is
available at the Planning Counter during business hour s and on the City’s web
site at www.santa-monica.org.
The meeting facility is wheelchair accessible. For
disability-related accommodations, please contact (310) 458-8341 or (310)
458-8696 TTY at least 72 hours in advance. All written materials are available
in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1,
2, 3, 5, 7, 8, 9, and 10 serve City Hall.
Pursuant to California Government Code Section
65009(b), if this matter is subsequently challenged in Court, the challenge may
be limited to only those issues raised at the public hearing described in this
notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public
hearing.
ESPAÑOL
Esto es una noticia de una audiencia pública para
revisar applicaciónes proponiendo desarrollo en Santa Monica.
Si deseas más información, favor de llamar a Carmen
Gutierrez en la División de Planificación al número (310)
458-8341.