Recommendation

This report recommends that the Planning Commission adopt a Resolution establishing a Mitigation Monitoring Program, and approve, with conditions, an eight unit air-space subdivision 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 eight new residential condominium units. Pursuant to Santa Monica Municipal Code (SMMC) Section 9.20.02.090, the Planning Commission is the responsible authority to approve, conditionally approve, or deny tentative subdivision map applications.

Background

On November 16, 2005, the Planning Commission considered a ten-unit air space subdivision. At that time, the EIR that was prepared for the project was determined to have been prepared in accordance with applicable laws and was certified by the Commission. In the EIR, one of the environmentally superior alternatives was an eight unit air-space subdivision. At the applicant’s request, the Commission voted to continue the project to allow the applicant time to assess the economic feasibility of this alternative. The applicant has since reduced the project to eight units, which closely mirrors the Reduced Project Alternative studied within the EIR. These eight units will be incrementally larger in size with the overall project size remaining the same (14,082 square feet). Therefore, the eight unit air-space subdivision now constitutes the proposed project.

Process Review Time and Deadlines

Application Determined Complete for Filing	December 3, 2004
CEQA Deadline	EIR Certified on November 16, 2005
PSA Deadline	Six months following certification of EIR – May 16, 2006
Subdivision Deadline	50 days following certification of EIR
Total Process Review Time (Days)	320 Days

Property Information:

Zoning District:	R2	Aerial Photograph of subject and surrounding properties (February 2004).
Land Use Element Designation:	Low Density Housing
Parcel Area (SF):	15,024 SF
Parcel Dimensions:	100’ x 150’
Existing On-Site Improvements (Year Built):	Two four-unit apartment buildings on site: one constructed in 1940 and the other in 1948.
Rent Control Status:	Ellis Pending
Adjacent Zoning Districts and Land Uses:	R2 District adjacent in all directions. Predominantly multi-family residential uses adjacent in all directions.

Subdivision Information

Vesting Tentative Tract Map Number:	060446
Subdivider/Applicant:	Ibest Partners, LP
Number of Units:	Eight Units (total proposed floor area of 14,082 SF)
City Engineer Preliminary Approval Date:	February 1, 2006
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 = $1,600. Condominium Facilities Tax ($1,000 / unit). Total tax = $8,000.

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

An Environmental Impact Report (EIR) was prepared for a ten-unit project pursuant to the California Environmental Quality Act (CEQA). On November 16, 2005, the Planning Commission determined that the EIR was prepared in full compliance with State and City CEQA Guidelines, and voted to certify the document. In the EIR, a single significant impact was identified, traffic, which cannot be mitigated to less than significant levels, as originally proposed. All other impacts associated with the ten-unit residential project (construction effects, historic resources, noise, shadow effects and neighborhood effects) would be less than significant, or could be mitigated to less than significant levels.

The applicant has chosen to redesign the project and reduce the number of proposed units to eight. This would result in a project that eliminates the significant and unavoidable traffic impact that was identified. There are no feasible alternative mitigation measures that would reduce traffic impacts and thereby provide a comparable level of mitigation. The two, existing four-unit apartment buildings and garages would be demolished and replaced with two, four-unit condominium buildings with a subterranean garage. Since both the existing eight apartment units on-site and the proposed eight condominium units would generate equal average daily trips (approximately 47), no net change in traffic on the surrounding roadways, particularly Michigan Avenue, would be expected. Traffic trips are calculated based strictly on the number of units; size and type of multi-family housing is not a factor. The ten-unit project previously considered by the Commission would have resulted in significant traffic impacts on Michigan Avenue, whereas the eight-unit project avoids any significant and unavoidable environmental impacts, and still achieves the primary project goal of constructing new market rate housing within the City.

Analysis

The proposed eight (8) 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 eight 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 an eight (8) 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 ten (10) dwelling units are permitted on-site. The subject property is relatively flat and is 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. Pedestrian only access to the site is provided on Twelfth Street and vehicular access to the site is by means of an adjacent rear alley (Twelfth Court). The subject property is not constrained by any public use or access easements. In general, the proposed airspace subdivision will not compromise the public’s health and general welfare. The tract map is included with this report as Attachment C.

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 suited 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. Prior to submitting an application for a final map, the applicant shall submit to the Planning Division evidence that the two separate parcels have been legally merged or tied into a single parcel.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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).

7. 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.

8. 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.

9. The form, contents, accompanying data, and filing of the final tract map shall conform to the provisions of Sections 9.20.12.010 through 9.20.12.080 (SMMC) and the Subdivision Map Act.

10. 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.

11. A copy of the recorded map shall be provided to the City Planning Division before issuance of a Building Permit.

12. 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.

13. 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 Santa Monica.

14. 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.

15. 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.

16. 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).

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 an eight-unit development to provide at least one very low income affordable unit on-site, two low income affordable units on-site or eight moderate income 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), or 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.

Mitigation Measures

19. The applicant shall prepare and implement a Construction Impact Mitigation Plan to provide for traffic and parking capacity management during construction. This plan shall be subject to review and approval by the City and, at a minimum, shall include the following:

· A public information program to advise motorists of impending construction activities (e.g., media coverage, portable message signs, and information signs at the construction site);

· Approval from the City, or Caltrans if required, for any construction detours or construction work requiring encroachment into public rights-of-way, or any other street use activity (e.g., haul routes);

· Timely notification of construction schedules to all affected agencies (e.g., Police Department, Fire Department, Department of Environmental and Public Works Management, and Department of Planning and Community Development);

· Coordination of construction work with affected agencies five to ten days prior to start of work;

· A traffic control plan for the streets surrounding the work area, which includes specific information regarding the project’s construction and activities that will disrupt normal traffic flow;

· Minimizing dirt and demolition material hauling and construction material delivery during the morning and afternoon peak traffic periods and cleaning of streets and equipment as necessary;

· Scheduling and expediting of work to minimize disruption of and interference with the adjacent vehicular and pedestrian traffic flow. Weekday daytime work on City streets shall primarily be performed between the hours of 9:00 AM and 3:00 PM;

· Limiting of queuing of trucks to on-site and prohibition of truck queuing on area roadways;

· Scheduling of preconstruction meetings with affected agencies to properly plan methods of controlling traffic through work areas;

· Storage of construction material and equipment within the designated work area and limitation of equipment and material visibility to the public; and

· Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica.

20. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers.

21. Electrical power shall be used to run air compressors and similar power tools.

22. Excavation, foundation-laying, and conditioning activities (the noisiest phases of construction) shall be restricted to between the hours of 10:00 AM and 3:00 PM, Monday through Friday, in accordance with Section 4.12.110(d) of the Santa Monica Municipal Code

23. For all noise generating construction activity on the project site, additional noise attenuation techniques shall be employed to reduce noise levels to City of Santa Monica noise standards. Such techniques may include, but are not limited to, the use of sound blankets on noise generating equipment and the construction of temporary sound barriers between construction sites and nearby sensitive receptors.

24. In accordance with Santa Monica Municipal Code Section 4.12.120, the project applicant shall be required to post a sign informing all workers and subcontractors of the time restrictions for construction activities. The sign shall also include the City telephone numbers where violations can be reported and complaints associated with construction noise can be submitted.

Prepared by: Scott Albright, Associate Planner

Attachments: A. Public Notice

B. Proposed Resolution 05-004 – Project Approval and Mitigation Monitoring Program

C. Vesting Tentative Tract Map No. 060446