Recommendation

This report recommends that the Planning Commission conditionally approve the subject application based upon the findings contained in this report.

Project Summary

The applicant requests approval of an airspace subdivision at the subject property for the purpose of constructing five new residential condominium units. 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.

Process Review Time and Deadlines

Application Determined Complete for Filing	March 1, 2005
CEQA Deadline	May 30, 2005 without extension
PSA Deadline	May 30, 2005 without extension
Subdivision Deadline	May 20, 2005 without extension
Total Process Review Time (Days)	50 days

Property Information:

Zoning District:	R2	Aerial Photograph of subject and surrounding properties (August 2003).
Land Use Element Designation:	Low Density Housing
Parcel Area (SF):	7,998
Parcel Dimensions:	49.98’ x 160.03’
Existing On-Site Improvements (Year Built):	One-story courtyard apartment with three buildings containing 4 units (circa 1935)
Rent Control Status:	Four rent-controlled units will require Removal Permit or Ellis Act removal
Adjacent Zoning Districts and Land Uses:	R2; residential to the north, south, east and west.

Subdivision Information

Tract Map Number:	061408
Subdivider/Applicant:	The Aroff Company
Number of Units:	Five
City Engineer Preliminary Approval Date:	September 27, 2004
Required Off-Site Improvements:	See conditions of approval.
Covenants, Conditions and Restrictions (CC&Rs):	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, pursuant to Condition of Approval No.5.
Fees:	Parks and Recreation Facilities Tax ($200 / unit). Total tax = $1,000. Condominium Facilities Tax ($1,000 / unit). Total tax = $5,000.
Affordable Housing	The applicant intends to satisfy the Affordable Housing obligation through payment of the in-lieu fee in the amount of $83,367.72.

Public Notification

Consistent with SMMC 9.20.14.010, notice of the subject application was published in a newspaper of general circulation (Los Angeles Times – California Section) 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.

California Environmental Quality Act

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.

Analysis

The proposed condominium project is subject to the development and process standards set forth in Ordinance No. 2131 (CCS). This ordinance eliminated the Design Compatibility Permit application for condominiums in the subject zoning district, but requires Planning Commission review of the Vesting Tentative Tract Map. Staff has also completed a preliminarily review of the proposed five unit condominium project for compliance with the base district’s development standards. This review is intended to address aspects of the plan 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 the project proposes to construct five residential units in a low density residential neighborhood. The subject property is relatively flat and is capable of accommodating the proposed development density since five is the maximum number of residential units allowed by the applicable provisions of the City’s Zoning Ordinance. The design of the subdivision or the type of improvements will not conflict with easements because the project design will accommodate a 4’ easement for overhead power lines and incidental purposes (use, maintenance and servicing of power lines) located at the rear of the property. Pedestrian access to the site is provided from 19^th Street and vehicular access to the site is provided from the rear adjacent alley. The proposed airspace subdivision will not result in the physical alteration of the public improvements existing in the area. Moreover, this subdivision will not cause substantial environmental damage or injure fish and wildlife species and habitat.

The tract map is included with this report as Attachment B.

Alternatives

In addition to the recommended action, The Planning Commission may also consider the following alternatives:

1. Approve the subject application based on revised findings and/or conditions.

2. Deny the subject application, with or without prejudice, based on revised findings.

3. Continue the item to a date certain to obtain additional information, with the applicant’s agreement.

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 low density housing 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 setbacks 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. The subdivision of the parcel does not have the potential 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 the design of the improvements will accommodate a 4’ easement for overhead power lines and incidental purposes (use, maintenance and servicing of power lines) at the rear of the property.

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 compressively evaluated during the City’s plan check review process, prior to issuance of a building permit.

CONDITIONS OF APPROVAL

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 such provisions as are required by Section 9.04.16.01.030(e)(SMMC).

6. The developer shall provide for the payment of a Condominium Tax of $1,000 per saleable residential unit pursuant to Chapter 6.76 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. 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.

12. The proposed condominium project shall comply with all applicable provisions of Chapter 1, Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica.

13. Pursuant to Section 9.20.14.070 (SMMC), if the subdivider 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.

14. 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.

15. 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 five-unit development to provide either one very low income affordable unit(s) or one low or moderate income affordable unit(s) on-site (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), acquire land for affordable housing (SMMC Section 9.56.080). The developer has elected to satisfy the Affordable Housing Production requirement through payment of an affordable housing fee. The project's affordable housing fee is based on the following formula:

Floor Area (as defined by SMMC Section 9.04.02.030.315) x $11.01 x applicable %. The project’s floor area as shown on the plans dated 2/28/05 is 7,572 square feet. The project’s affordable housing fee based on this floor area would be $83,367.72. 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.

Prepared by: Ava M. Pecherzewski, Associate Planner

Attachments: A. Public Notice

B. Tentative Tract Map No. 061408