Item 9-C
Planning Commission Meeting: February
15, 2006
TO: The Honorable Planning
Commission
FROM: City Planning Staff
SUBJECT: Vesting Tentative Tract Map No. 062787:
05TM-026
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 six 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 29, 2005 |
|
CEQA Deadline |
March 29, 2006 with
extension |
|
PSA Deadline |
March 29, 2006 with
extension |
|
Subdivision Deadline |
March 19, 2006 with
extension |
|
Total Process Review Time (Days) |
60 days |
Property Information:
|
Zoning
District: |
R2 |
|
|
Land Use |
Low
Density Housing |
|
|
Parcel
Area (SF): |
10,000 SF |
|
|
Parcel
Dimensions: |
100’ x
100’ |
|
|
Existing
On-Site Improvements (Year Built): |
Two-story
multifamily dwelling, a single family dwelling (bungalow), and an accessory
building. Built in 1922. |
|
|
Rent
Control Status: |
No
pending action to remove units– 3
controlled units |
|
|
Adjacent
Zoning Districts and Land Uses: |
R2 zoning Single
family and Multi family residential developments |
Subdivision Information
|
Tract Map
Number: |
#062787 |
|
Subdivider/Applicant: |
Harvey A.
Goodman |
|
Number of
Units: |
Six (6) |
|
City
Engineer Preliminary Approval Date: |
September
22, 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 = $1,200. Condominium
Facilities Tax ($1,000 / unit). Total tax = $6,000. |
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.
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 structure(s)
proposed for demolition is/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 six (6) unit condominium project is subject to
the regulations and standards as set forth in Article 9 of the Municipal Code,
as amended by Ordinance No. 2131 (CCS). Staff has completed a preliminary
review of the proposed six-unit condominium project for compliance with the Low
Density Multiple Residential (R2) district development standards, and finds
that the applicant’s proposal appears to generally conform to the applicable
zoning and design standards. However, this
review is only intended to identify aspects of the plans that could result in
significant changes to the project’s design.
A complete code-compliance review will occur when the application is
submitted for plan check. It is the
applicant’s responsibility to ensure that the plans comply fully with all
applicable provisions of the Municipal Code.
The project is subject to review by the Architectural Review Board.
The proposed subdivision is consistent with the City’s
General Plan in that a six (6) unit condominium subdivision is proposed in an
area where Low Density Residential uses are encouraged, and the proposed
density of development is below the limitations established for this land use
district. The proposed design of the units will also meet the intent of the General
Plan by not exceeding two (2) stories or 30 feet in height. In addition, the proposal
will conform to the density limitations of the R2 Zoning Ordinance regulations,
where a maximum of seven (7) dwelling units could be permitted on-site. The subject property is relatively flat and does
not contain any fish or extensive wildlife habitat. It is located within a
neighborhood where the necessary public infrastructure and improvements are
currently in-place, and developments of similar use, density and design are
prevalent. To ensure there is adequate
infrastructure to handle any future needs of the area, there is a two (2) foot
easement to Southern California Edison along the entire west side of the
property. Pedestrian access to the site
is provided from
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 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.
The
Planning Commission’s approval, conditions of approval, or denial of this
application may be appealed to the City Council if the appeal is filed with the
Zoning Administrator within fourteen consecutive days following the date of the
Planning Commission’s determination in the manner provided in Part 9.04.20.24,
Sections 9.04.20.24.010 through 9.04.20.24.040. [An appeal of the approval,
conditions of approval, or denial of a subdivision map must be filed within ten
consecutive days following the date of Planning Commission determination.]
13.
Prior
to issuance of a Certificate of Occupancy, the owner shall dedicate the rear
2.5' of the property for future alley widening to the satisfaction of the
Department of Environmental and Public Works.
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 issuance of a building permit, the applicant shall submit, for City review
and approval, a deed restriction or other legal instrument setting forth the
residential use requirements for the project.
Such restrictions shall be effective for the life of the project.
16.
Prior
to the issuance of a building permit, the applicant shall demonstrate
compliance with Subchapter 9.04.16 Condominiums, including the provisions of
Ordinance No. 2131 (CCS).
17.
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.
18.
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 six-unit
development to provide at least one very low income affordable unit or two low income
affordable units or six 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 the applicable
affordable housing fee which is calculated based on the project’s floor
area as defined by SMMC Section 9.04.02.030.315. The fee will be calculated prior to payment based
on the requirements of the Affordable Housing Production Program. The fee must be paid in full prior to the
City granting any approval for the occupancy of the project.
Prepared
by: Dennis
Banks
Attachments: A. Public Notice
B.
Vesting
Tentative Tract Map No. 062787