Item 9-B
Planning Commission Meeting: February
15, 2006
TO: The Honorable Planning
Commission
FROM: City Planning Staff
SUBJECT: Tentative Tract Map No. 063074 (05TM-024)
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 (5) 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 |
September 13, 2005 |
|
CEQA Deadline |
March 12, 2006 with
extension |
|
PSA Deadline |
March 12, 2006 with
extension |
|
Subdivision Deadline |
March 2, 2006 with
extension |
|
Total Process Review Time |
154 days |
Property Information:
|
Zoning
District: |
R-3
Medium Density Multiple Residential District |
Aerial Photograph of subject and surrounding properties
(August 2003). |
|
Land Use |
Medium
Density Housing |
|
|
Parcel
Area (SF): |
7,500 SF |
|
|
Parcel
Dimensions: |
50’ x 150’ |
|
|
Existing
On-Site Improvements (Year Built): |
One Single-Family
Residential unit with accessory structure constructed in 1912. |
|
|
Rent
Control Status: |
None |
|
|
Adjacent
Zoning Districts and Land Uses: |
R-3
District; residential uses to the north, east and west, surface parking lot
to the south. |
Subdivision Information
|
Tract Map
Number: |
063074 |
|
Subdivider/Applicant: |
Hossein
Ashtiani |
|
Number of
Units: |
5-units |
|
City
Engineer Preliminary Approval Date: |
Approval
of Revised Map: October 27, 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. |
|
Fees: |
Parks and
Recreation Facilities Tax ($200 / unit). Total tax = $1,000 Condominium
Facilities Tax ($1,000 / unit). Total tax = $5,000 |
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 500 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.
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. The Landmarks
Commission reviewed the demolition permit application at their meeting on
January 9, 2006. No action was taken by
the Commission.
Analysis
The proposed five (5) unit condominium project is subject to
the regulations and standards as set forth in Ordinance No. 2131 (CCS). Staff
has completed a preliminary review of the proposed five-unit condominium project
for compliance with the Medium Density Multiple Residential (R3) 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 fully comply 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 five (5) unit condominium subdivision is proposed in a
medium density residential neighborhood.
The proposal will conform to the density limitations of the R3 Zoning
Ordinance regulations where a maximum of six (6) dwelling units could
potentially be permitted on-site. The design
of the units will also meet the intent of the General Plan by not exceeding
three (3) stories or forty (40) feet in height.
The subject property is relatively flat and does not contain any fish or
extensive wildlife habitat. It is located in a neighborhood with similar
developments that is currently improved with the necessary public
infrastructure. Pedestrian access to the site is provided from
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 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
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
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 SMMC Section 9.20.20.020 and such
provisions as are required by SMMC Section 9.04.16.01.030(e).
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 SMMC 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.
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.
9.
A
copy of the recorded map shall be provided to the City Planning Division before
issuance of a Building Permit.
10.
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.
11.
The
proposed condominium project 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
12.
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.
13.
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.
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 2131 (CCS).
15.
Notwithstanding
any Subdivision Map notations to the contrary, all site run-off shall comply
with applicable provisions of the City’s sustainability program and Municipal
Code requirements.
16.
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 5-unit
development to provide one very low income affordable unit or one low income affordable
unit or five moderate income affordable units 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 fee will be calculated prior to payment based on the
requirements of the Affordable Housing Production Program. The fee must be paid in full prior to the
City granting any approval for the occupancy of the project.
Prepared
by: Steve
Mizokami, Associate Planner
Attachments: A. Public Notice
B.
Tentative
Tract Map No. 063074