Item 8-B
Planning Commission Meeting: June 16, 2004 Santa
Monica, California
TO: The
Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Application for Design Compatibility Permit
DCP04-002, Vesting Tentative Parcel Map 60641, and Variance 04-001
Address: 403-405
Idaho Avenue
Applicant: Christina
Facio
Property Owner: James Robert Porter
INTRODUCTION
Action: Application for Design Compatibility Permit
04-002, Vesting Tentative Parcel Map 60641 to allow the construction of a
2-unit condominium project. The
proposal also requires the approval of Variance 04-001 for the front, side and
rear yard setbacks (including upper
level setbacks), and approval of a parking variance to allow more than two
turning maneuvers for one of four cars to exit the subterranean parking garage.
Recommendation: Approval with conditions.
Permit Streamlining Deadline: July 22, 2004
Subdivision Action Deadline: July 22, 2004
SITE LOCATION AND DESCRIPTION
The subject property is a 2,900 sq. ft. parcel located on
the north side of Idaho Avenue between 4th Street and 4th Court Alley having a
frontage of 58 feet along Idaho Avenue and 50 feet along Fourth Court Alley.
Surrounding uses consist of multifamily residential in the North of Wilshire Overlay (NWR3) to the north, south, and
west, and multifamily residential across 4th Court Alley to the east in the
NWR2 District Existing on-site uses
include a two-unit, one story apartment dwelling. There are two mature willow
trees on the site.
Zoning District: R3 (NW)
Land Use District: High Density Housing
Parcel Area: 2,900 Square feet, 58’ width by 50’ depth.
PROJECT DESCRIPTION
Proposed is the construction of a three story, 40 ft. tall,
two-unit condominium building with a subterranean parking garage for four
spaces accessed from 4th Court Alley.
The existing one story duplex will be demolished. The project has an
innovative layout, with the first floor divided between the two units so that
they are both entered at grade level, the unit entered on the west side (Unit
403) continues on the second floor, and the unit entered on the east side (Unit 405) is connected to the third floor
with a stairway. Unit 403 has an office, bedroom and a half bath on the ground
floor that opens to a patio and garden area, and two bedrooms, a bathroom, and
an open plan living and dining room and kitchen on the second floor. Unit 405 has a ground floor bedroom, office
and full bath, and a third floor with two bedrooms and a bathroom, open plan
living room, dining room and kitchen with a mezzanine that opens onto a roof
deck.
MUNICIPAL CODE AND GENERAL PLAN
CONFORMANCE
With the approval of the proposed variance, the project is
consistent with the Municipal Code and in conformity with the General Plan as
shown in Attachment A.
The existing duplex building on the project site was
constructed in approximately 1929. The Landmarks Commission reviewed the
demolition permit for the existing structure on February 9, 2004 and did not
find the building merited action by the Commission.
CEQA STATUS
The project is categorically
exempt from the provisions of CEQA pursuant to Class 3, Section 15303(b) of the
State Implementation Guidelines in that the proposed project is two units in an
urbanized area.
RENT CONTROL
STATUS
Pursuant to Condition # 50, an exemption, removal
permit or withdrawal from Rent Control via the Ellis Act will be required prior
to Building Permit issuance.
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
$2,400.00.
In addition, the project is required to comply with
the City’s Affordable Housing Production Program as specified in Santa Monica
Municipal Code Chapter 9.56. This
requirement may be satisfied by providing affordable housing on or off-site,
or by payment of an in-lieu fee. The
applicant will pay the required fee of approximately $44,106 at the time of
building permit issuance.
The project is exempt from the Housing and Parks Project
Mitigation fee established by Ordinance No. 1367 (CCS), based on the fact that
the project will not result in the new construction of 15,000 net rentable
square feet or the addition to an existing project of 10,000 net rentable
square feet or more of office area.
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 and published in the “California” Section of The Los Angeles Times at least ten consecutive
calendar days prior to the hearing. A
copy of the notice is contained in Attachment C.
On May 5, the applicant/appellant was notified by
phone of the subject hearing date.
The applicant states that the project has been discussed
with neighbors on several occasions. The applicant met with owners of nearby
and adjacent buildings, the owner of the adjacent building, and the Wilshire
/Montana neighborhood coalition as well as a mailing sent to owners of nearby condominiums.
ANALYSIS
Background
This is a substandard lot. It was originally part of the
adjacent lot to the west, and was subdivided in the 1960’s, resulting in a
substandard lot with a 58 foot frontage
along Idaho Avenue, and a 50 foot lot depth along 4th Court alley.
The existing duplex on the site has no on-site parking.
Project Design
The project is designed in a contemporary style with the intent to maximize natural light and ventilation by using a full floor per unit for the second and third stories, as well as providing more than the required amount of open space with the garden area and patios on the first floor, balconies on the second and third stories, and a roof deck. There are two mature willow trees on site. One tree will be preserved in its location. The intent is keep the other tree in its front yard location, but it may have to be removed while the project is under construction, and replanted after the subterranean garage is complete. The pedestrian access is at sidewalk leveI at the front of the building, with stairs to the garage set back eight feet from the front property line, behind the requested front yard set back; the wall at the edge of the stairs is set back at the same line as the eastern front edge of the building. There is a paved walkway from the stairs to the front entrance that is covered by the cantilever of the building and balcony above. There is a 42- inch solid masonry wall in the front yard, and a graduated wall in both side yards and the rear yard that ranges in height from 42 inches to eight feet. The design provides for semi-private garden in the front yard, with a small fountain at the entrance and private patios in the side yards. In addition, there are private balconies for both units on the second and third floors, with a roof deck access for Unit 403. The front garden has a low wall, but the garden appearance and fountain will add to the pedestrian orientation along this frontage.
Variance
Zoning Ordinance standards for the proposed project require
a 20 foot front yard set back, 15 foot rear yard, and 8.5 foot side yards,
resulting in a building that would be only 15 feet deep. Therefore, the
applicant has requested the following modifications to the side yard set back
requirements:
Front Yard Setback
The required front yard set back along Idaho Avenue is 20
feet. The requested front yard variance would allow the front-yard set back to
be 8 feet, in line with the side yards of the adjacent neighbor, and the
condominium building across the alley, providing a unified street frontage
along Idaho Avenue.
Rear Yard Setback and Projection
The required rear yard set back is 15 feet. The rear yard
set back variance allows the rear yard set back to be 8 feet (with a 1’ 8”
stairway projection) which is compatible with the interior side yard set backs
of the adjacent buildings whose rear yards face the side yards of the subject
site.
Side Yard Set Backs
East side yard: The required side yard set back for the
proposed project is 8.5 feet. The applicant requests that a variance to allow a
5 foot setback for the east side yard and a modification to the upper level set
back requirements for the building portion between 13 and 30 feet in
height. As proposed, the side yard set
back at the ground floor varies from 5 feet (with an 18” elevator projection)
for a length of 11.75 feet, to 7 feet for 16 linear feet, to 12.5 feet or
greater for 7.3 linear feet. The
portion of the building elevation between 13 and 30 feet in height does not
meet the Code required 4 foot average additional setback as the additional set
back in this area averages approximately 10 inches. The portion of the building
elevation between 30 and 40 feet in height also does not meet the Code required
8 foot additional set back as an average of approximately 4’ is provided.
The Zoning Ordinance allows for rear yard setbacks to be
calculated from the centerline of the alley, however as this is technically a
side yard for this project, the Code requires that the side yard setback be 8.5
feet from the property line. Staff
believes that the 20 foot wide alley provides a more than adequate buffer
between the subject property and the neighbor on the opposite side of the alley
to the east and will not adversely impact that neighbor.
West side yard: The
applicant is requesting a variance for upper level setbacks between 13-30 feet
for the west side yard. The western side yard of the subject property is
adjacent to the rear property line of the property to the west where a 15-foot
rear yard set back is required. The proposed project is set back the required
8.5 feet on the ground floor and meets the additional set back requirement
above 30 feet in height. However, the
portion of the building between 13 and 30 feet in height does not meet the Code
required 4 foot average additional setback as the additional set back in this
area averages 1’ 4”.
Because of the unusually small parcel depth of 50 feet,
compliance with the required set backs, including the upper level set backs,
would render a building that has unreasonably small floor plans. Since the
eastern side yard abuts an alley and the western side yard abuts a rear yard
with a required 15-foot setback, staff believes that approval of this variance
would allow for reasonable floor plans within the building and not have a
detrimental effect on the provision of light and open space between the
adjacent buildings.
Parking Maneuvers
The requested parking variance is for the number of
maneuvers necessary to exit parking space number four. SMMC Section
9.04.10.08.070(a) requires that a car be able to access its parking space in
two maneuvers or less. The car in space number four will require a maximum of
four maneuvers to exit the space, although it will be able to enter the space
with only one maneuver. The Transportation Management Division supports
approval of this variance because there is currently no parking associated with
this address, and the variance for only two more parking maneuvers than
required for exiting does not constitute a disincentive to using the
subterranean garage.
Parking and
Circulation
The project
includes a four car subterranean garage. Pedestrian access to the garage is
from an exterior stair at the front of the building. Vehicle access is from
Fourth Court Alley.
Pedestrians
access the building from the Idaho Avenue entrance.
Affordable Housing Obligation
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 4006 square foot project, would be $44,106 ($11.11 x 4006 sq). 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 design, massing and street frontage of the building is
compatible with the adjacent buildings. The design is a modified contemporary
style, using stucco and materials similar to the neighboring building to the
east. Due to the small site, the
architect has designed the building to maximize available outdoor space rather
than designing a building with significant step backs, resulting in a building
with a straight profile that is similar
to the traditional profiles of the neighboring buildings. The adjacent building
to the west has a roof peak height of
31 feet; the adjacent building to the east, which is in the lower density R2 district, has a roof peak height of 30 feet. To create
privacy for the proposed roof deck, the parapet wall is five feet above the
deck floor of 30 feet for a total building height of 35 feet. Although the peak height of the building
will be 40 feet as permitted by Code, the portion of the building at 40 feet in
height is the roof over the mezzanine portion of the building, which is set
back from the front of the building and not visible from Idaho Avenue. Staff
believes that the high parapet wall contributes to the appearance of building
height and that the standard parapet of 42" would be a visual improvement
to lessen the appearance of building height and enhance compatibility. Architectural
Review Board Condition #6 has been added to address this issue. In addition,
staff also believes that additional refinement of the window design,
particularly the front façade window placement, would improve the project compatibility. Condition # 7 has been added
to address this concern.
The architect has worked extensively with the staff Urban
Designer to simplify the façade and provide details that create a more
residentially oriented exterior. The design changes that the applicant has made
in response to comments from the Urban Designer include the following:
Conclusion
The applicant proposes to construct a new, two-unit
condominium building that will replace an existing duplex constructed in 1929.
With the approval of the variance requests the project complies with the City
Municipal Codes, and the goals and policies of the General Plan.
Staff believes that this is a well designed structure that
is sensitive to the small site, designed to preserve as much light and open
space as possible for both for the subject site and adjacent buildings, while
creating a viable floor plate for a two
unit condominium structure with subterranean parking.
Other than the recommended action, the Planning Commission
may:
RECOMMENDATION
It is recommended that the Planning Commission approve Design
Compatibility Permit DCP04-002, Vesting Tentative Parcel Map 60641 and Variance
04-001 with the following findings and conditions:
TENTATIVE PARCEL MAP
FINDINGS
1. The proposed subdivision, together
with its provision for its design and improvements, is consistent with
applicable general and specific plans as adopted by the City of Santa Monica,
in that the project, with approval of the requested variances for set backs and
parking, conforms to the provisions of
the R-3 District Development Standards of the Zoning Ordinance and the High
Density Housing Land Use district of the General Plan.
2. The site is physically suitable for
the proposed type of development, in that the site is of level grade and
without unusual topographic conditions.
3.
The site is physically suitable for the proposed density of
development in that the project will replace two units on site with the same
number of units and a 4,006 square foot
lot in the R-3 District can accommodate up to 2.32 units consistent with
Zoning Ordinance standards.
4. The design of the subdivision or the
proposed improvements will not cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat, in that
the proposed development is an infill project within an urbanized area that
does not currently support fish or significant wildlife.
5. The design of the subdivision or the
type of improvement will not cause serious public health problems, in that the
proposed project is a 2-unit residential development that complies with the
provisions of the Zoning Ordinance and the General Plan.
6. 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 no such easements exist on the subject site and the
property has vehicular access from 4th Court and pedestrian access from Idaho
Avenue.
VARIANCE
FINDINGS
1. There
are special circumstances or exceptional characteristics applicable to the
property involved that do not apply to other properties in the vicinity under
and identical Zoning Classification in that the subject property is a
substandard parcel with a 50-foot depth.
2. The
granting of such variances will not be detrimental and injurious to the
property or improvements in the general vicinity and district in which the
property is located. Specifically, eight foot front yard and six foot rear yard
set backs would be consistent with the side yards of the adjacent properties,
and the upper level side yard setback reductions will not reduce access light,
air and space between adjacent buildings because the reduced eastern setback
abuts a 20 foot wide alley, and the reduced western setback abuts the rear yard
of the adjacent property where a 15 foot rear yard set back is required. Because of the
unusually small parcel depth of 50 feet, compliance with the required set
backs, including the upper level set backs, would render a building that has
unreasonably small floor plans. The
parking variance associated with one parking space to allow 2 additional
vehicle maneuvers for exiting the subterranean garage will not be a
disincentive for parking within the subterranean garage and the project will
provide four required parking spaces on a site which currently has no on-site
parking.
3. The
strict application of the provisions of this Chapter would result in practical
difficulties or unnecessary hardships, not including economic difficulties
or economic hardships in that strict
application of the Zoning Ordinance would require a building only fifteen feet
in width with unreasonably small floor plans.
4. The
granting of a variance will be not contrary to and in conflict with the general
purposes and intent of this Chapter or to the goals, objectives, and policies
of the General Plan in that permitting development of this substandard lot is
in keeping with the High Density Housing policies of the General Plan. Without
modification to the required setbacks, the substandard size lot yields
unreasonably small floor plans. In addition, the narrow lot depth requires two
additional vehicle maneuvers to exit one parking space in the subterranean
garage. This parking space is required to enable the site to be re-developed to
its permitted density under the Zoning Ordinance.
5. The
variance would not impair the integrity and character of the district in which
it is to be located in that the variance will allow for set backs that are
consistent with the neighboring buildings, maintaining a consistent street wall
and pedestrian orientation. In addition, approval of the variance would allow for
reasonable floor plans within the building and not have a detrimental effect on
the provision of light and open space between the adjacent buildings because
the eastern side yard abuts an alley and the western side yard abuts a rear
yard with a required 15-foot setback. The
parking variance to allow one parking two additional vehicle maneuvers to exit
the subterranean garage will not be a disincentive for parking within the
subterranean garage, and the project will provide four required parking spaces
on a site which currently has no on-site parking.
6. The
subject site is physically suitable for the proposed variance in that the site
is of level grade and without unusual topographic conditions. There are two
units on site with the same number of units and a 4,006 square foot lot in the
R-3 District can accommodate up to 2.32 units consistent with Zoning Ordinance standards. Strict
application of the Zoning Ordinance would require a building only fifteen feet
in width with unreasonably small floor plans.
7. There
are adequate provisions for water, sanitation and public utilities and services
to ensure that the proposed variance would not be detrimental to public health and safety in that the
variance will allow the replacement of the existing two units with two new
units and will not increase demand for public services.
8. There
will be adequate provisions for public access to serve the subject variance
proposal in that the site has sufficient vehicle and pedestrian access from
Idaho Avenue and 4th Court Alley.
9. The
strict application of the provisions of the Zoning Ordinance would result in
the unreasonable deprivation of the use or enjoyment of the property in that
strict application of the Zoning Ordinance would require a building only
fifteen feet in width with unreasonably small floor plans. In addition, the
narrow parcel depth requires that one vehicle perform two more vehicle maneuvers
than permitted to exit the subterranean garage. This parking space is required
to allow the property to be developed to its permitted density.
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 compatible
with and relate harmoniously to surrounding sites and neighborhoods in that the
building is of similar density and height of the adjacent buildings and, as
proposed, provides consistent yard set backs
to the neighboring buildings.
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 not be detrimental to the public
interest, health, safety, convenience or general welfare in that the proposed
project maintains the urban streetscape frontage along Idaho Avenue, proposes
set backs that are consistent with the neighboring buildings, and maximizes the
side yard setback to the west.
3. The rights-of-way can accommodate autos and pedestrians,
including adequate parking and access, in that the project has vehicle and
pedestrian access from 4th Court Alley and pedestrian access from Idaho Ave.
4. The health and safety services (police, fire etc.) and
public infrastructure (e.g., utilities) is sufficient to accommodate the new
development, in that the proposed development is located within an urbanized
area that is already adequately served by existing City infrastructure, and
will not increase the number of dwelling units on the site. No new safety
services or public infrastructure will be required by this project.
5. The proposed development is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Class
3, Section 15303(b) and therefore, no Initial Study or Environmental Impact
Report was prepared.
6. The proposed use conforms precisely to the minimum
requirements outlined in Section 9.04.16, Subchapter 9.04.16.01.030, in that
the proposed project, with the approval of the variance, as conditioned below,
and shown on the plans submitted by the applicant, demonstrates compliance with
all applicable provisions of the City of Santa Monica Zoning Ordinance with the
approval of the proposed variance.
Plans
1.
This approval is for those plans dated 4/12/04 a copy of
which shall be maintained in the files of the City Planning Division. Project development shall be consistent with
such plans, except as otherwise specified in these conditions of approval.
2.
The Plans shall comply with all other provisions of Chapter
1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent
ordinances and General Plan policies of the City of Santa Monica.
3.
Final parking lot
layout and specifications shall be subject to the review and approval of the
Transportation Planning Division.
4.
Minor amendments to the
plans shall be subject to approval by the Director of Planning. A significant change in the approved concept
shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or
as modified by the Planning Commission, Architectural Review Board or Director
of Planning.
Architectural Review
Board
5. The Architectural Review Board shall
review appropriate landscaping for the garage roof.
6. The Architectural review the design of
the roof deck parapet and capstone. The roof deck parapet shall be redesigned
to a maximum of 42” in height.
7. The ARB shall review the size and
location of windows to consider a more transparent, residentially oriented
façade fenestration.
8. Prior to consideration of the project
by the Architectural Review Board, the applicant shall review disabled access
requirements with the Building and Safety Division and make any necessary
changes in the project design to achieve compliance with such
requirements. The Architectural Review
Board, in its review, shall pay particular attention to the aesthetic,
landscaping, and setback impacts of any ramps or other features necessitated by
accessibility requirements.
9. Prior to submittal of landscape plans
for Architectural Review Board approval, the applicant shall contact the Department
of Environmental and Public Works Management regarding urban runoff plans and
calculations.
10. The existing mature trees shall be
preserved in their present location on site, or relocated in the front
yard or replaced with specimen trees to
the satisfaction of the Architectural Review Board.
11. In addition to other landscaping
requirements, the Architectural Review Board, in its review, shall ensure that
at least 50% of the unexcavated side yard setback(s) shall be adequately
landscaped.
12. Plans for final design, landscaping,
screening, trash enclosures, and signage shall be subject to review and
approval by the Architectural Review Board.
13. The Architectural Review Board, in its
review, shall pay particular attention to the project's pedestrian orientation
and amenities; scale and articulation of design elements; exterior colors,
textures and materials; window treatment; glazing; and landscaping.
14. Construction period signage shall be
subject to the approval of the Architectural Review Board.
15. Landscaping plans shall comply with
SMMC Part 9.04.10.04 (Landscaping Standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape maintenance and other
standards contained in the Subchapter.
16. Refuse areas, storage areas and mechanical
equipment shall be screened in accordance with SMMC Section
9.04.10.02.130-9.04.10.02.150. Refuse
areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review
shall pay particular attention to the screening of such areas and
equipment. Any rooftop mechanical
equipment shall be minimized in height and area, and shall be located in such a
way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the
Architectural Review Board, rooftop mechanical equipment shall be located at
least five feet from the edge of the roof.
Except for solar hot water heaters, no residential water heaters shall
be located on the roof.
17. No gas or electric meters shall be
located within the required front or street side yard setback areas. The Architectural Review Board in its review
shall pay particular attention to the location and screening of such meters.
Fees
18. 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.
Demolition
19. Until such time as the demolition is
undertaken, and unless the structure is currently in use, the existing
structure shall be maintained and secure by boarding up all openings, erecting
a security fence, and removing all debris, bushes and planting that inhibit the
easy surveillance of the property to the satisfaction of the Building and
Safety Officer and the Fire Department.
Any landscaping material remaining shall be watered and maintained until
demolition occurs.
20. Unless otherwise approved by the
Community and Cultural Services Department and the City Planning Division, at
the time of demolition, any street trees shall be protected from damage, death,
or removal per the requirements of SMMC Chapter 7.40.
21. Immediately after demolition (and
during construction), a security fence, the height of which shall be the
maximum permitted by the Zoning Ordinance, shall be maintained around the
perimeter of the lot. The lot shall be
kept clear of all trash, weeds, etc.
22. Prior to issuance of a
demolition permit, applicant shall prepare for Building Division approval a
rodent and pest control plan to insure that demolition and construction
activities at the site do not create pest control impacts on the project
neighborhood.
23. 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.
24. The applicant
shall submit a report from an industrial hygienist to be reviewed and approved
as to content and form by the Environmental and Public Works
Management/Environmental Programs Division.
The report shall consist of a hazardous materials survey for the
structure proposed for demolition. The
report shall include a section on asbestos and in accordance with the South
Coast AQMD Rule 1403, the asbestos survey shall be performed by a state
Certified Asbestos Consultant (CAC).
The report shall include a section on lead, which shall be performed by
a state Certified Lead Inspector/Assessor.
Additional hazardous materials to be considered by the industrial
hygienist shall include: mercury (in thermostats, switches, fluorescent light);
polychlorinated biphenyls (PCBs) (including light Ballast), and fuels,
pesticides, and batteries.
Construction
25. Unless
otherwise approved by the Department of Environmental and Public Works
Management, all sidewalks shall be kept clear and passable during the grading
and construction phase of the project.
26. Sidewalks,
curbs, gutters, paving and driveways which need replacing or removal as a
result of the project as determined by the Department of Environmental and
Public Works Management shall be reconstructed to the satisfaction of the
Department of Environmental and Public Works Management. Approval for this work shall be obtained
from the Department of Environmental and Public Works Management prior to
issuance of the building permits.
27. Vehicles hauling dirt or other construction debris from the
site shall cover any open load with a tarpaulin or other secure covering to
minimize dust emissions. Immediately
after commencing dirt removal from the site, the general contractor shall
provide the City of Santa Monica with written certification that all trucks leaving
the site are covered in accordance with this condition of approval.
28. Street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Community Forest Management
Plan 2000, per the specifications of the Open Space Management Division of the
Community and Cultural Service Department and the City’s Tree Code (SMMC
Chapter 7.40). No street trees shall be
removed without the approval of the Open Space Management Division.
29. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager.
30. Developer shall prepare a notice, subject to the review by the Director of Planning and Community Development, that lists all construction mitigation requirements, permitted hours of construction, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents within a 200-foot radius from the subject site at least five (5) days prior to the start of construction.
31. A sign shall be posted on the property
in a manner consistent with the public hearing sign requirements which shall
identify the address and phone number of the owner and/or applicant for the
purposes of responding to questions and complaints during the construction
period. Said sign shall also indicate
the hours of permissible construction work.
32. A copy of these conditions shall be
posted in an easily visible and accessible location at all times during
construction at the project site. The
pages shall be laminated or otherwise protected to ensure durability of the
copy.
Environmental Mitigation
33. Ultra-low flow plumbing fixtures are
required on all new development and remodeling where plumbing is to be
added. (Maximum 1.6 gallon toilets and
1.0 gallon urinals and low flow shower head.)
34. Parking areas and structures and other
facilities generating wastewater with significant oil and grease content are
required to pre-treat these wastes before discharging to the City sewer or
storm drain system. Pretreatment will
require that a clarifier or oil/water separator be installed and maintained on
site. In cases where settleable solids
are present (or expected) in greater amounts than floatable oil and grease, a
clarifier unit will be required. In
cases where the opposite waste characteristics are present, an oil/water
separator with automatic oil draw-off will be required instead. The Environmental and Public Works Management
(EPWM) Department will set specific
requirements. Building Permit plans
shall show the required installation.
Miscellaneous DCP Conditions
35. The building address shall be painted
on the roof of the building and shall measure four feet by eight feet (32
square feet).
36. If any archaeological remains are
uncovered during excavation or construction, work in the affected area shall be
suspended and a recognized specialist shall be contacted to conduct a survey of
the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to
determine the significance of the survey findings and appropriate actions and
requirements, if any, to address such findings.
37. Street and/or alley lighting shall be
provided on public rights of way adjacent to the project if and as needed per
the specifications and with the approval of the Department of Environmental and
Public Works.
38. Any lofts or mezzanines shall not 33.3%
of the room below unless compliance with the district's limits on number of
stories can be maintained.
39. No fence, gate, or wall within the
required front yard setback, inclusive of any subterranean garage slab and
fencing, gate, or railing on top thereof, shall exceed a height of 42"
above actual grade of the property.
40. A security gate shall be provided
across the opening to the subterranean garage.
If any guest parking space is located in the subterranean garage, the
security gate shall be equipped with an electronic or other system which will
open the gate to provide visitors with vehicular access to the garage without
leaving their vehicles. The security
gate shall receive approval of the Police and Fire Departments prior to
issuance of a building permit.
41. Mechanical equipment shall not be
located on the side of any building which is adjacent to a residential building
on the adjoining lot. Roof locations may be used when the mechanical
equipment is installed within a sound-rated parapet enclosure.
42. Final approval of any mechanical equipment
installation will require a noise test in compliance with SMMC Section
4.12.040. Equipment for the test shall
be provided by the owner or contractor and the test shall be conducted by the
owner or contractor. A copy of the
noise test results on mechanical equipment shall be submitted to the Community
Noise Officer for review to ensure that noise levels do not exceed maximum
allowable levels for the applicable noise zone.
43. Final building plans submitted for
approval of a building permit shall include on the plans a list of all
permanent mechanical equipment to be placed indoors which may be heard
outdoors.
Validity of Permits
44. 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.
45. Within ten days of City Planning
Division transmittal of the Statement of Official Action, project applicant
shall sign and return a copy of the Statement of Official Action prepared by
the Planning Division, agreeing to the Conditions of approval and acknowledging
that failure to comply with such conditions shall constitute grounds for
potential revocation of the permit approval.
By signing same, applicant shall not thereby waive any legal rights
applicant may possess regarding said conditions. The signed Statement shall be returned to the Planning
Division. Failure to comply with this
condition shall constitute grounds for potential permit revocation.
46. This determination shall not become
effective for a period of fourteen days from the date of determination or, if
appealed, until a final determination is made on the appeal. Any appeal must be made in the form required
by the Zoning Administrator. The approval of this permit shall expire if the
rights granted are not exercised within two years from the permit’s effective
date. Exercise of rights shall mean
issuance of a building permit to commence construction. Pursuant to SMMC Section 9.04.10.02.450(d),
if the Building Officer 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 Officer 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 life of the Design Compatibility
Permit 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. One
1- 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.
47. Within thirty (30) days after final
approval of the project, a sign shall be posted on site stating the date and
nature of the approval. The sign shall
be posted in accordance with the Zoning Administrator guidelines and shall
remain in place until a building permit is issued for the project. The sign shall be removed promptly when a
building permit is issued for the project or upon expiration of the Design
Compatibility Permit.
48. Applicant
is advised that projects in the California Coastal Zone may need approval of
the California Coastal Commission prior to issuance of any building permits by
the City of Santa Monica. Applicant is
responsible for obtaining any such permits.
Special Conditions
49.
The plans for the
subterranean garage are subject to the review and approval of the
Transportation Management Division.
50. 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.
Affordable Housing Obligation (effective July 21, 1998)
51. The developer has elected to satisfy
the Affordable Housing Production requirement through payment of an affordable
housing fee. The project's affordable
housing fee is based on the following formula:
Floor Area (as defined by SMMC Section
9.04.02.030.315) x $11.01. The project’s floor area as shown on the plans dated
04/12/04 is 4,006 square feet. The
project’s affordable housing fee based on this floor area would be $44,106.06.
The fee will be recalculated prior to payment
based on the actual building floor area of the project as constructed. The fee must be paid in full prior to the
City granting any approval for the occupancy of the project.
TENTATIVE PARCEL MAP CONDITIONS
1. 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.
2. 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.
3. 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.
4. 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.
5. Prior to approval of the final map,
Condominium Association By-Laws (if applicable) 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 Section 9.20.20.020 (SMMC) and in the
case of condominiums, contain such provisions as are required by Section
9.04.16.01.030(e)(SMMC).
6. The developer shall provide for
payment of a Condominium Tax of $1,000 per saleable residential unit per the
provisions of Section 6.76.010 et seq. of the Santa Monica Municipal Code.
7. The form, contents, accompanying
data, and filing of the final subdivision map shall conform to the provisions
of Sections 9.20.12.010 through 9.20.08.090 (SMMC) 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.
8. The form, contents, accompanying
data, and filing of the final parcel map shall conform to the provisions of
Sections 9.20.12.010 through 9.20.12.080 (SMMC) and the Subdivision Map Act.
9. 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.
10. A copy of the recorded map shall be
provided to the City Planning Division before issuance of a Building Permit.
11. Pursuant to SMMC Section 9.20.14.070,
if the sub-divider or any interested person disagrees with any action by the
Planning Commission with respect to the tentative map, an appeal or complaint
may be filed in writing with the City Clerk.
No appeal or complaint may be filed after a ten-day period from the
Commission's decision on the tentative map.
Prepared by: Sarah
Lejeune, AICP, Associate Planner
Attachments:
A. Municipal Code and General Plan
Conformance
B. Site Posting Photo, Notice of Public
Hearing, Radius and Location Map
C. Correspondence
D. CC &R Resume
E. Plot Plan, Floor Plans and Elevations, Photographs of Site and Surrounding Properties
ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
|
CATEGORY |
LAND USE
ELEMENT |
MUNICIPAL
CODE |
PROJECT |
|
Permitted
Use |
--- |
R-3 (NW)
Medium Density North of Wilshire Overlay |
R-3 (NW)
Medium Density North of Wilshire Overlay |
|
Moratorium
Status |
N/A |
N/A |
N/A |
|
Dwelling
Units |
--- |
2 |
2 |
|
Height of
Building |
--- |
40 Feet with
a Pitched Roof |
35 flat and
40 feet with pitched roof over mezzanine, and stair tower. |
|
Number of
Stories |
--- |
3 |
3 |
|
Height of
Walls, Fences |
N/A |
42 inches in
the front yard setback area; 8 feet in the rear and side yard setback areas. |
42 inches in
the front yard, 6' 6" and 8 ' in the
rear and side yards. 24" in HOV areas. |
|
Setbacks Frontyard 0-14 14-40 --------------------------- West
Sideyard East
Sideyard Stepbacks West 13-30 30-40 East 13-30 30-40 ------------------------ Parallel Planes
West East ----------------------------- Rear
Yard |
N/A N/A N/A |
20
ft 773
cu. ft. required 2,975
cu. ft. required. ------------------------------ West:
8' 5" East: 8' 5" 2,244
cu. ft. required 2,640
cu. ft. required 2,312
cu. ft. required. 1,360
cu. ft. required. ------------------------------ 16.5’
MBSE 17’
MBSE ---------------------------------- 15' |
8'
proposed - requires variance approval. 896
cu. ft. provided. 3,186
cu. ft. provided. ---------------------------------- West:
8.5’ proposed. East:
5’ proposed - requires
variance approval. 1,185
cu. ft. provided – requires variance approval. 5,840
cu. ft. provided. 476
cu. ft. provided – requires variance approval 664
cu. ft. provided – requires variance approval --------------------------------- 15.5’
maximum 16’
maximum --------------------------------- 8'
with 1’ 8” stairwell projection proposed – requires variance approval. |
|
Mezzanine |
N/A |
Intermediate
level open to space below. May not exceed 1/3 of room floor area. Room
area below = 801.5 square feet. 801.5
x.33= 264.5 required |
233.31
square foot Mezzanine open to room below 233.31<264.31 |
|
Projections
Into Yard East
Side Yard Rear
Side yard |
N/A |
18
" |
Proposed
elevator enclosure projects 18" into 5 foot side yard requested by
variance. Proposed
stairwell enclosure projects 1’ 8” into 8’ rear yard setback requested by
variance. Garage roof at 3' above ANG projects to property line. |
|
Building
Height Projections |
N/A |
Parapets
may exceed height of the district by 42”; chimneys may exceed height of the
district by 5’. |
Proposed
parapet extends 2’and chimney extends 8” above 40 feet. |
|
Lot
Coverage |
N/A |
50%
permitted 50
x 58 =2,900 x.5 = 1,450 sq. ft. |
Footprint
= 1,389 sq. ft. 1,389/2,900=
48% |
|
Parking
Access |
Alley
access is encouraged when alley exists. |
Alley
access is required when alley exists, with exceptions per Sec.
9.04.10.08.080. |
Alley
access |
|
Parking
Space Number |
N/A |
2
covered spaces/unit |
2
units 4
spaces provided |
|
Compact
Parking % |
N/A |
No
more than 40 % |
1
space, 25% |
|
Trash
Area |
N/A |
5’x9’
Trash enclosure with minimum 5'- 8' solid walls and gate is required. |
Trash
enclosure is 5 x 5'4" as approved by EPWM, for minimum pad area
permitted for a 2 unit building. |
|
Mechanical
Equipment Screening |
N/A |
Mechanical
equipment extending more than 12" above roof parapet shall be fully
screened from a horizontal plane. |
Mechanical
Equipment located on roof with 48" parapet screening. |
|
Location
of Mechanical Equipment |
N/A |
Not
permitted on side of building if adjacent to a residential building on an
adjoining lot. |
Mechanical
Equipment located on roof with 48" parapet screening. |
|
Frontyard
Landscaping |
N/A |
Two
24 inch box trees required. 200
sq. ft.requied. |
Two
mature trees to remain in front yard. Landscaped
area –364 sq. ft. provided. |
|
Sideyard
Landscaping |
N/A |
50%
of area required West:
249 sq. ft. required East:
145 sq. ft f required |
Complies |
|
Unexcavated Front
Yard |
|
232
square feet required. |
232
square feet provided |
|
Semi Subterranean
Garage |
N/A |
Not
permitted within required frontyard.
Permitted anywhere in side and rear yards except required unexcavated
area. |
Not
located in front yard set back 8 feet |
|
Unexcavated
Sideyard |
N/A |
Equal to four feet in width along the
length of one side yard, except for vehicle access. 4
x 50=200 sq. ft. required. |
4
x 50 – (4 x 10 foot driveway)= 160 sq. ft. provided. |
|
Private
Open Space |
N/A |
N/A
to less than four units |
Unit
403: 616 sq. ft. Unit
405: 342 sq. ft. |
|
Inclusionary
Units/Fees |
Housing
Element requires compliance. |
Project
must comply with Chapter 9.56 the Affordable Housing Production Program |
Will
comply with requirements per SMMC Chapter 9.56 by paying the Affordable Housing Fee. |
|
Historic Resources
Inventory |
N/A |
|
Existing
building demolition permit was reviewed by Landmarks commission on February
9, 2004 who did not take action. |