Recommendation

The public hearing for the above-referenced application was continued from the April 20, 2005 Planning Commission meeting in order for the applicant to make revisions to the tentative parcel map. The applicant has made revisions to the tentative parcel map pursuant to the Planning Commission’s request; therefore 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 three (3) 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	August 28, 2005 with extension
PSA Deadline	August 28, 2005 with extension
Subdivision Deadline	August 28, 2005 with extension
Total Process Review Time (Days)	106 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):	6,250
Parcel Dimensions:	50.00’ x 125.00’
Existing On-Site Improvements (Year Built):	One-story single-family residence with a detached garage (1926)
Rent Control Status:	Exempt
Adjacent Zoning Districts and Land Uses:	R2 to the north, south, and west; R1 to the east. Single- and multi-family residential uses to the north, south, east and west.

Subdivision Information

Parcel Map Number:	061407
Subdivider/Applicant:	21^st Street LLC
Number of Units:	Three (total proposed floor area of 4,903 SF)
City Engineer Preliminary Approval Date:	May 24, 2005
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 = $600. Condominium Facilities Tax ($1,000 / unit). Total tax = $3,000.

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. Additionally, on March 14, 2005, the Landmarks Commission reviewed the demolition permit application for removal of the existing structures on site greater than forty (40) years of age. The Landmarks Commission did not determine that these buildings are of historic significance and, therefore, further analysis to consider the potential environmental impact associated with their removal pursuant to CEQA is not required.

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 Tentative Parcel Map. Staff has also completed a preliminarily review of the proposed three 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 three residential units in a low density residential neighborhood. The subject property is relatively flat and is capable of accommodating the proposed development density since four is the maximum number of residential units allowed by the applicable provisions of the City’s Zoning Ordinance. The proposed project does not exceed the maximum building height of 30’-0” permitted in the R2 District. There are no existing easements on the subject property. Pedestrian access to the site is provided from 21^st Street and vehicular access to the site is provided from a driveway on 21^st Street located on the southwest corner of the lot (there is no rear 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 parcel 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 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 the 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

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. Prior to the issuance of a building permit, the applicant shall demonstrate compliance with Subchapter 9.04.16 Condominiums, including the provision of Ordinance No. 2131 (CCS).

Prepared by: Roxanne Tanemori, Associate Planner

Attachments: A. Public Notice

B. Tentative Parcel Map No. 061407