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STATEMENT OF OFFICIAL ACTION ( =__ /,0-.,
A
PROJECT
N1.."MBER: Conditional Use Permit 90-048, Vesting Tentative
Parcel Map 22393
LOCATION: 2226 6th street
APPLICANT: John S. Given
REQUEST: Application for a Conditional Use permit and a
Vesting Tentative Parcel Map to allow the con-
struction of a four unit residential building (4
unit condominium) on a 5600 square foot parcel in
the OP-2 (Ocean Park Low Multiple Residential
District) .
PLANNING COMMISSION ACTION
8/1/90 Date.
X Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
FINDINGS
TENTATIVE PARCEL MAP FINDINGS
1. The proposed subdivision, together with its provision for
its design and improvements, is consistent with applicable
general and specific plans as adopted by the city of Santa
Monica in that it conforms to the provisions of the Zoning
Ordinance for the OP-2 zone.
2. The site is physically suitable for the proposed type of
development in that it is a standard lot, able to accommo-
date the proposed structure while providing required set-
backs, lot coverage limitations and required parking
onsite.
3. The site is physically suitable for the proposed density
of development in that it is a parcel of 5600 square feet
in the OP-2 zone and can aocomodate 3 units.
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8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that buildings in the area are
one and two story multi-family residential, similiar in
massing and placement to the proposed structure.
9. The proposed use is consistent with the goals, objectives,
and pol1cies of the General Plan, in that the project site
is located in the Ocean Park low mUltiple residential land
use element district and complies with the applicable
regulations.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that all public utilities are available, and required
building requirements will be enforced in the construction
of the building.
11. The proposed use need not conform precisely to the perfor-
mance standards contained in Subchapter 6, section 9050
and special conditions outlined in Subchapter 7, Section
9055 of the City of Santa Monica Comprehensive Land Use
and Zoning Ordinance, in that these Subchapters are not
applicable to new condominium developments.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the area
is zoned for mUlti-family residential construction, and
the subject proposal conforms in height and density to the
OP-2 zoning district.
CONDITIONS
SPECIAL CONDITIONS
1. That the subterranean bedroom be lowered to no more than
31 above theoretical grade so as not to be considered an
additional story and return to staff for approval prior to
review by the Architectural Review Board.
2. That a deed restriction be recorded to prevent the use of
the subterranean bedroom as a separate rental unit.
Plans
3. This approval is for those plans dated June 12, 1990, a
copy of which shall be maintained in the files of the
City Planning Division. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
4. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of santa Monica.
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per and subject to the provisions of Section 6670 et seq.
of the Santa Monica Municipal Code.
Demolition
14. until such time as the demolition is undertaken, and un-
less the structure ~s currently in use, the existing
structure shall be maintained and secured by boarding up
all openings, erecting a security fence, and removing all
debris, bushes and planting that inhibit the easy surveil-
lance of the property to the satisfaction of the Building
and Safety Officer and the Fire Department. Any landscap-
ing material remaining shall be watered and maintained
until demolition occurs.
15. Unless otherwise approved by the Recreation and Parks De-
partment and the Planning Division, at the time of demoli-
tion, any street trees shall be protected from damage,
death, or removal per the requirements of Ordinance 1242
(CCS).
16. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum
permitted by the Zoning Ordinance, shall be maintained
around the perimeter of the lot. The lot shall be kept
clear of all trash, weeds, etc.
17. Prior to issuance of a demolition permit, applicant shall
prepare for Building Division approval a rodent and pest
control plan to ensure that demol i tion and construction
activities at the site do not create pest control impacts
on the project neighborhaod.
Construction
18. Unless otherwise approved by the Department of General
Services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
19. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as deter-
mined by the Department of General Services shall be re-
constructed to the satisfaction of the Department of
General Services. Approval for this work shall be ob-
tained from the Department of General Services prior to
issuance of the building permits.
20. Vehicles hauling dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
21. street trees shall be maintained, relocated or provided as
required in a manner consistent with the City'S Tree Code
COrd. 1242 CCS), per the specifications of the Department
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26. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
27. If any archaeological remains are uncovered during
excavation or construction, work in the affected area
shall be suspended and a recognized specialist shall be
contacted to conduct a survey of the affected area at
project's owner's expense. A determination shall then be
made by the Director of Planning to determine the sig-
nificance of the survey findings and appropriate actions
and requirements, if any, to address such findings.
28. Street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
Validity of Permits
29. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
30. within ten days of Planning Oivision transmittal of the
Statement of Official Action, project applicant shall
sign and return a copy of the Statement of Official Action
prepared by the Planning Division, agreeing to the Condi-
tions of approval and acknowledging that failure to comply
with such conditions shall constitute grounds for poten-
tial revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights appli-
cant may possess regarding said conditions. The signed
Statment shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
31. This determination shall not become effective for a period
of fourteen days from the date of determination or, if
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
zoning Administrator.
INCLUSIONARY UNIT CONDITIONS
32. The developer shall covenant and agree with the City of
Santa Monica to the specific terms, conditions and
restrictions upon the possession, use and enjoyment of the
subject property, which terms, conditions and restrictions
shall be recorded with the Los Angeles County Recorder's
Office as a part of the deed of the property to ensure
that one affordable unit(s) is (are) provided and
maintained over time and through subsequent sales of the
property. An inclusionary requirement of thirty percent
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5. Prior to approval of the final map, Condominium Associa-
tion By-Laws (if applicable) and a Declaration of CC & Rls
shall be reviewed and approved by the city Attorney. The
CC & R I s shall contal.n a non-discrimination clause as
presented in section 9392 (SMMC) and in the case of con-
dominiums, contain such provisions as are required by Sec-
tion 9122E (SMMC).
6. The developer shall provide for payment of a Condominium
Tax of $1,000 per saleable residential unit per the provi-
sions of Section 6651 et seq. 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 9330 through 9338 (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 Sec-
tions 9350 through 9357 (SMMC) and the Subdivision Map
Act.
9. The final map shall be recorded with the Los Angeles Coun-
ty Recorder prior to issuance of any building permit for a
condominium proj ect pursuant to Government Code Section
66499.30.
10. Pursuant to section 9366 (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 Commissionts decision on the tentative
map.
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2'22& (p7H 5r :Jc-\6tvw 1: i 73 0 ~i.Sl\J ')
. Cay of 1:19' Lmtt1W f~1uf1(jJ
., Santa Monica
Community and EconomiC Development Department A71ACHHENT
PlannIng and Zoning DivISIon
(213) 458-8341
APPEAL FORM 9
FEE. $100 00 Date flied _ X:.- /-.( - 10
ReceIved by ~
ReceIpt No
Name //i~l/t~,~ ~ lJA i c.,tfc L-
Address -:;L+-/~ 67y.1 ,y #:1
Contact Person 0 (..1 ^ -I:) rr- C(',-f/eC- Phone \,~ '11 0/'6(; 1
Please descnbe the project and deCISIOn to be appealed ~ L.( It) IT C IU tlJ () 1T ~A 67if ,-~T
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iJase state the specific reason(s) lor the appeal~" ( i <; 7'T <3 ~ 'S,7r ~ ~y
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JOHN S. GIVEN 2240 slxrn STREET
SANTA MONICA, CALIFORNIA 90405
213 . 396.5047
October I, 1990
City Council Members
Ci ty of Santa Monica
1685 MalO Street
Santa Momca, CA 90401
RE 2226 SIXTH STREET CONDOMINIUM
APPEAL OF CUP 90-048
Dear City CouncIl Members
The above referenced prOject was approved by the Plannmg Commission on
August I and subsequently appealed I am the developer of the project and I am
also a nlOe year reSident of a home Just two lots to the south
I mtend to bUIld three distinct townhouses on a block that has a mix of
apartments, condominIums, and houses of varying SIze, age, and condItion The
SIte IS developed wIth a two bedroom house that, until I purchased It earher
thIS year, had been owner occupIed smce 1954. Responding to existing condItIOns
and the new zonIng standards of the OP-2 District, the proposed deSIgn speaks to
the best of Ocean Park's charactenstics as a beach town WIth both craft bungalow
and modern design traditions On August I, 1990, the actIons by the PlannlOg
CommISSIon and accompanying staff recommendations demonstrate that I have
presented a project that conforms to the most restncttve mterpretatIon of a
complex set of standards recently set forth In the OP-2 Dlstnct
The City Council is now asked to conSIder an appeal by a neIghbor who seeks
clarIfIcation as to whether the rear unit IS three stones. HaVIng adopted the
most restnctive interpretation available, there IS lIttle doubt as to the
CommlsslOn"s intent.
Condition No.1: That the subterranean bedroom be lowered to no more than
3' above theoretIcal grade $0 as not to be conSIdered an addItIOnal story
and return to staff for approval prIOr to review by the Archztectural ReVIew
Board
I have subsequently submItted to the staff a reVISIon to my plans whIch goes
further than the above condItion and should remove all doubt as to whether the
rear umt IS three stories The subterranean bedroom has been elimmated
altogether The new plan places at natural grade the hvmg room with a
mezzanme Two bedrooms are located on the second floor. Enclosed is a
sectional diagram comparing the former plan (as approved with conditiOns) WIth
the new plan The diagram demonstrates that both opttons comply With the height
and two story limits prescnbed by OP-2
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It is now four months SlOce I submItted a complete CUP applIcation and over
two months since the Planmng CommISSIOn's approval I have complIed WIth the
lIteral mtent of the QP-2 dIstrict I have held a neIghborhood meetmg,
gathered SIgnatures, and demonstrated support among many neighbors In response
to the COndIt10n set by the Planmng Commission and, to remove any doubt
regardIng the rear UnIt, I have revIsed my plans. I urge you to deny the appeal
and reaffirm the ConditIOnal Use PermIt approval of the Planning CommISSIon.
Your consIderatIon wIll be most apprecIated.
SIncerel y,
~S,~__
John S. Given
cc' PlannIng Staff
Ralph Mechur, Planning CommIssion PresIdent
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