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PC - PUBLIC HEARING: Consideration of an Administrative Site Plan Review Modification, to allow construction of a 9-Unit Townhome Style Condominium Subdivision at 4051 and 4055 Jackson Avenue (Project) and Determination of Consistency with Previously Adopted Class 32 CEQA Exemption.
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Meeting Date: December 14, 2022
Contact Person/Dept: Jose Mendivil, Current Planning Division
Erika Ramirez, Current Planning Division
Phone Number: 310-253-5757 / 310-253-5727
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: [X]
City Council Action Required: Yes [] No [X]
Public Notification: (E-Mail) Meetings and Agendas-Planning Commission (10/20/22) and (12/08/22); (Posted) City Website (10/04/22); (Mailed) Property owners and occupants within a 500 ft radius extended (10/04/22); (Posted) On-site along Jackson Avenue (10/04/22).
Department Approval: Jesse Mays, Assistant City Manager (11/29/2022)
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RECOMMENDATION
Staff recommends the Planning Commission adopt a resolution approving an Administrative Site Plan Review Modification allowing design changes to a previously approved 9-unit condominium Project with subterranean parking.
PROCEDURES
1. Chair calls on staff for a brief staff report and the Planning Commission poses questions to staff as desired.
2. Chair opens the public hearing, providing the Applicant the first opportunity to speak, followed by the general public.
3. Chair seeks a motion to close the public hearing after all testimony has been presented.
4. Planning Commission discusses the matter and arrives at its decision.
BACKGROUND
On December 7, 2021, Nabil Salem (Applicant), and Dmitriy Kazakov (Applicant's architect), submitted a modification to a previously approved Administrative Site Plan Review and Tentative Tract Map to allow the development of 9 townhome style residential condominiums with subterranean parking (the Project) at 4051 and 4055 Jackson Avenue (Project Site). A Planning Commission public hearing for the Project was held on October 26, 2022. The Commission voted 4 to 0 to continue the hearing to December 14, 2022, requesting the Applicant provide additional information regarding roof top solar photovoltaics, relocation plan for tenants, and rental registry information. Attachment No. 2, the October 26, 2022, Planning Commission staff report, provides detailed information on:
* Request / Project Description
* Previous Project Approval
* Project Site / Surrounding Area / Zoning & General Plan
* Tentative Tract Map
* Architectural Design
* Parking, Circulation, Storage, and Refuse
* Public Outreach
In addition, Attachment Nos 3 through 9 provide additional background information on:
* Project Summary and Vicinity Map.
* April 10, 2019, Planning Commission Staff Report, Minutes, and Preliminary Development Plans dated June 29, 2018.
* Modified Preliminary Development Plans dated September 29, 2022.
* Tentative Tract Map No. 77092.
DISCUSSION:
Below identifies the additional information the Planning Commission requested at the October 26th hearing and staff's response:
Solar: The Planning Commission requested the predevelopment plans show roof tops that can accommodate Building Code compliant photovoltaic requirements, minimum private open space requirements per unit, and additional roof top landscaping.
The roof plan demonstrates each roof top deck can accommodate mechanical equipment, photovoltaics, planters, and open spaces consistent with appropriate code sections. The Building Official reviewed the roof plan and determined the 4 panels per unit shown on the decks are compliant with the City's solar photovoltaic ordinance. The current and next municipal code cycle requires a minimum 1 kwh per 10,000 sf of area. At 1.4-kwh and 400-W per panel, each unit requires 4 panels (general panel size is 74 inches by 41 inches). Attachment No. 8, Modified Preliminary Development Plans dated September 29, 2022, includes updated roof plans for each unit on Sheet 2.3 (Page 8 of the pdf).
The Project will not be subject to new State solar requirements if the Applicant submits a Building Permit plan check application before January 1, 2023. If submitted after this date, the State Code requires the following:
* Prescriptive approach that is approximately a 16-kwh system or 40 panels per unit; or,
* Performance approach that uses the energy budget of the entire system so that the 16-kwh system can be traded for energy efficient building features that result in savings equivalent to the savings created by the solar panels. This is the most widely used method. In this approach the Applicant is required to enhance energy efficiency with appropriate use of building features such as improved insulation and glazing, and installation of high efficiency appliances, to meet minimum State Code requirements and with the approval of the Building Official.
Further, each roof top deck complies with and exceeds the minimum 100 square feet of private open space per unit resulting in excess space that can accommodate additional landscaping, mechanical equipment, or solar panels.
Rental Units and Registration: The Planning Commission requested additional information related to existing rental units. They inquired about relocation plans for the existing tenants and rental registration information.
The Applicant is subject to both local and County tenant relocation ordinances. The County ordinance prohibits most no-fault evictions through the end of the year, 2022. Culver City Municipal Code (CCMC) Chapter 15.09: Rental Housing, CCMC Section 15.09.325, requires that if a notice of termination is based on no fault termination grounds, the landlord shall pay each tenant head of household a fee in the amount of three times the greater of the tenant's current monthly rent in effect or the small area fair market rent established by the U.S. Department of Housing and Urban Development for a comparable unit in the same ZIP code, plus $1,000. It should be noted that enforcement of the Rent Control and Tenant Protection Ordinances is outside the purview of the Planning Commission as they do not relate to land use policy. The information provided in this staff report is for informational purposes and is not intended to inform Planning Commission deliberations. The Rent Control and Tenant Protection Ordinances require annual registration of all covered units.
PUBLIC OUTREACH
Attachment No. 2, the October 26, 2022, Planning Commission Staff Report, summarizes the Project's Community Meeting and Public Outreach efforts.
Comments Received During Public Comment Period
A public notice was mailed to all property owners and occupants within a 500-foot radius of the Project Site on October 5, 2022, advising the public of a hearing at the regularly scheduled Planning Commission meeting of October 26, 2022. Additional noticing was not required when the Planning Commission continued the hearing to December 14, 2022. On December 1, 2022, the Current Planning Division and City Attorney's office received a letter from the Applicant's attorney, C & K Attorneys at Law (Attachment No. 10). The letter explains the Applicant's position and understanding regarding the extent of the Planning Commission's review authority over their modification request.
ENVIRONMENTAL DETERMINATION:
Pursuant to the California Environmental Quality Act (CEQA) guidelines, initial review of the Project by the City established that there are no potentially significant adverse impacts on the environment. On April 10, 2019, the Planning Commission determined the proposed development to be Categorically Exempt per CEQA Section 15332, Class 32, In-Fill Development. The proposed Project is consistent with the General Plan and Zoning. It is located on a 0.31-acre site surrounded by urban uses and the site has no value as a habitat for endangered, rare, or threatened species. There is no significant traffic, noise, air quality, or water quality impacts and the Project can be served by utilities and public services. The modifications are within the scope of the exemption and the circumstances under which the exemption was prepared have not significantly changed, and no new significant information is found that affects the exemption. Therefore, no additional environmental analysis is required.
CONCLUSION:
Based on the proposed preliminary development plans and recommended conditions of approval, the Project is compatible with the surrounding neighborhood, adequately served by public facilities and consistent the General Plan, Zoning Code, and all CCMC requirements. The findings for Administrative Site Plan Review Modification, P2021-0306-ASPR/M and Related Case No. P2018-0056-ASPR/TTM can be made as outlined in proposed Planning Commission Resolution No. 2022-P022 (Attachment No. 1).
FISCAL ANALYSIS:
There is no fiscal impact to the City resulting from the Project.
ATTACHMENTS:
1. Proposed Planning Commission Resolution No. 2022-P022 with Exhibit A, Conditions of Approval and Exhibit B, Code Requirements.
2. October 26, 2022, Planning Commission Staff Report.
3. Project Summary.
4. Vicinity Map.
5. April 10, 2019, Planning Commission Staff Report without Attachments.
6. April 10, 2019, Planning Commission Meeting Minutes.
7. April 10, 2019, Planning Commission Preliminary Development Plans dated June 29, 2018.
8. Modified Preliminary Development Plans dated September 29, 2022.
9. Tentative Tract Map No. 77092.
10. Letter from Applicant's Attorney, C & K Attorneys at Law, dated December 1, 2022.
MOTION:
That the Planning Commission:
Approve an Administrative Site Plan Review Modification, subject to conditions of approval, allowing changes to a previously approved 9-unit condominium Project with subterranean parking.