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SR-042892-7A LUTM:PB:DKW:SMW:CC015.pcword.plan council Mtg': April 28 f 1992 ?-A APR Z 8 '992 Santa Monica, California TO: Mayor and City Council FROM: City staff SUBJECT: Appeal of a Condition of Approval of a Planning Commission approval of Conditional Use Permit 91-015 and Vesting Tentative Tract Map 50523 to allow the construction of a two-story, five-unit residential condominium project at 911 12th street in the R2 (NW) District. Applicant: Richard Chang & Henry Wu Appellant: Eileen Hecht, Applicants. representative INTRODUCTION This is an appeal of a Planning commission condition of approval requiring compliance with interim Ordinance 1577 (CSS) (Propos i tion R). The City Council voted 5-2 to continue this appeal for 60 to 90 days at the hearing of February 4, 1992 to wait for the ordinance implementing Proposition R to be in place. Ordinance 1615 (CCS) relating to the inclusionary housing program was adopted on March 3, 1992 and became effective on March 24, 1992. This report recommends that the city council approve the applicant's appeal to allow the project to be subject to the provisions of Ordinance 1615 (CCS). BACKGROUND CUP 91-015 and VTTM 50523 were approved by the Planning commission on December 4, 1991 to allow the construction of a two-story, five-unit residential condominium project (Attachment - 1 - 7-,4 APR 2 S '992 B) . The proj ect was subj ect to the requirements of ordinance 1577 (CCS) (an interim ordinance implementing Proposition R) requiring a miniumum of 30% of the units to be provided as inclusionary rental units on site. The applicants' representative proposed at the Planning Commission hearing of December 4, 1991 that Condition #43 (the inclusionary unit condition) be revised 1I...to allow the developer to comply with any subsequently adopted... (proposition R) implementation ordinance adopted prior to final map approval of the proj ect. II (Attachment E). The Planning commission, acting on the advice of the City Attorney, did not incorporate such a condition. Ordinance 1615 (CCS) adopted March 3, 1992 and effective as of March 24, 1992, changes the options for compliance with the 30% inclusionary unit requirement for all new dwelling units to be constructed at one location by an applicant. The new ordinance provides that for any application that has been filed but not approved at the time the new ordinance became effective, the applicant may elect to have the provisions of the new ordinance [Section 9422 (b)] apply to his/her project (Attachment G). Under Section 9132.4 (b), the conditions placed on the builder by the Planning Commission, on appeal to the City Council, are not considered effective unless and until approved by the City Council. Required Notification Pursuant to Municipal Code Section 9131.5, Council meeting was mailed to all owners notice of the City and residential and - 2 - commercial tenants of property located within a 500 foot radius of the project at least ten consecutive calendar days prior to the City Council meeting. A copy of the notice is contained in Attachment H. ANALYSIS The application for CUP 91-015 and VTTM 50523 was filed on March 15, 1991. ordinance 1577 (CCS) was adopted on March 26, 1991 and was retroactive to projects filed on or after March 6, 1991. The ordinance requires that two (2) of the proposed five total units be deed restricted as affordable rental units for the project. The project was continued at the applicant's request several times from the initial Planning Commission hearing date of June 23, 1991. The applicant wanted to wait for a permanent ordinance implementing Proposition R as they felt that they had not received sufficient notice of the applicability of Ordinance 1577 (CCS) to their project (Attachment J, see letter dated 6/26/91). In order to comply with the applicant's wishes, a ninety (90) day extension of the subdivision processing deadline was sought by the Planning Commission and granted by the applicant [Attachment C, (see letter dated 10/10/91) & DJ. The Planning C01llIl\ission approved the project on 12/4/91. The final deadline for subdivision action was December 26, 1991 (Attachment C). Ordinance 1615 (CCS), adopted on March 3, 1992, applies to applications filed but not approved at the time the Ordinance became effective, which applies to this case. The applicant may elect to have the provisions of Ordinance 1615 (CCS) apply to the - 3 - project. As required by Proposition R, thirty percent (30t) of the total number of new dwelling units to be constructed in any project developed by an applicant at one location shall be affordable to households of low- or moderate-income (Attachment G). Ordinance 1615 provides for various means by which one can comply with Proposition R including an in-lieu fee option for qualifying projects. Appeal Issues The applicant is appealing the condition of approval relating to Ordinance 1577 (CCS) implementing Proposition R on an interim basis (Attachment A). planning Commission condition of approval #43 requires that one low and one moderate-income rental unit be provided and maintained on site through subsequent sales of the property (Attachment B & C). This condition satisfies the minimum 30% inclusionary rental unit requirement of ordinance 1577 (CCS) (Proposition R) (Attachment G) . Under ordinance 1615 (CCS), the applicant may have the option to pay an in-lieu fee for any required low income rental unit based on an ninclusionary unit base price" as set by city Council Resolution [Section 9246 (c) (see Attachment G)]. The applicant may elect to comply with the provisions of ordinance 1615 (CCS) as it has not received final approval at the time the ordinance became effective, since the appeal of the commissioners action was pending. The applicant is processing fee be also requesting that waived if the appeal the $1,630.00 is denied and CUP the - 4 - application be returned to the Planning Commission for modification in order to utilize the provisions of the Proposi tion R permanent implementing ordinance (Attachment A). Since the applicant may elect to comply with the provisions of Ordinance 1615 (CCS), if the appeal is approved, a new application and processing fee would not be required. CONCLUSION The applicant may elect to comply with the provisions of Ordinance 1615 (CCS) (Proposition R), as the project has not received final approval. Development requirements of the ordinance also provide an in-lieu fee option for qualifying projects. Thus, the permanent Proposition R ordinance would provide the applicant/appellant with the options they are requesting. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the Council approve the appeal to allow the applicant to elect to comply with the provisions of Ordinance 1615 (CCS) and approve CUP 91-015 and VTTM 50523 with the following amended condition #43 as follows: - 5 - 43. 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 two affordable units are provided and maintained over time and through subsequent sales of the property. An inclusionary requirement of at least thirty percent of the total number of units, excluding any density bonus units under state Government Code section 65915, shall be permanently affordable to and occupied by low and moderate income households of which at least fifty percent (50%)shall be affordable to households not exceeding sixty percent of the (HUD) Los Angeles County median income, with the balance of the inclusionary units affordable to households with incomes not exceeding 100% of the (HUD) Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. Such restrictions shall be effective for the lifetime of the project. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the unites) available to eligible tenants and 2) responsibili ties of the city of Santa Monica to prepare - 6 - application forms for potential tenants, establish critieria for qualifications, and monitor compliance with the provisions of the agreement. Owner shall provide the City Planning Division with a conformed copy of the recorded agreement prior to approval of the Final Map. This provision is intended to satisfy the inclusionary housing requirements of the Housing Element of the General Plan of the City of Santa Monica. The developer shall have the option to satisfy the obligations created by this Agreement by demonstrating to the Director of Planning compliance with either Ordinance 1577 (CCS) or Ordinance 1615 (CCS), providing implementation standards for this program. ATTACHMENTS A. Appeal form dated 12/20/91. B. Statement of Official Action dated 12/4/91. C. Staff Memorandum to Planning Commission dated 12/4/91. D. Letter from Staff to Richard Chang & Henry Wu dated 10/1/91- E. Letter from Eileen Hecht to the Planning Commission dated 12/4/91- F. Interim Ordinance #1577 (CCS) adopted 3/26/91. G. Ordinance #1615 (CCS) adopted 3/3/92. H. Notice of Development Proposal for Hearing by the City Council on 1/28/92. I. Letter from Eileen Hecht to staff dated 2/6/92. J. Letter from Eileen Hecht to Paul Berlant dated 6/26/91. - 7 - prepared by: D. Kenyon Webster, Planning Manager Susan White, Assistant Planner Planning Division Land Use and Transportation Management Department - 8 - :l:' '-j ~ 'J ::::: ::s: t<:I z ,..;; = :::> = ~ C1~ of Santa Monica Community and EconomIC Development Department Pfannlng and Zoning Division (213) 458.8341 APPEAL FORM Date FHed I? /'20 /q ( RecelYed by ~ iJ. R8Celpt No · - t -,? Lf(--, Name Lc..-tJ~'-tla..-l C. ~.g,~ ' 4A O-~ ~~ ~LtL Address ;$~ ~ CS'.Au. ~~. ~...~ r o;~ " Contact Person ..;:i~ ~ Phone l.( 1 3 - I 8" ca ..LA{ 1':- 3 ;;:r.. J . . x ~2.1- .r~ ..uL. ~~' t?W) ~ Q \ I' 4 1'1"2.- ~ FEE: $100,00 Please descnbe ltle proJect, and deoSlOl1 t) be a~aled ~ ~ ~ A- ~ L-,.., ~~--_.~-'-~._,& ~~j, t.i/~ I.I_~ L!t~----""~f..f.l (~.~~~- ~....~_.t o ' r Case Number L l~' 4i 1- b' r vfl t'1. ,-05':).. ') Address Gl/I , -:2...- ..n... ~-rr Applicant e~ t"A...-,'q;:_ ~ tV......... Onglnal heanng dale .1) 4A-. tot J ' 'i ) Onglnal aebon ,7l -"--. I t ~ " <<t , Please state 1he specific reason(s) for 1he appeal ~ ~'-""'~.::r ~. -A .J-c,...... . .. ~ . ' f . c.r.~-,-~ ~~--__~ ~ ~ P~~. ~.~~_ ~~.......~-.. . A A~ ....t.a ~~~--#=-A~_~~_ ~ A-d' ~ ~ , h . ...~ r..A~-- J~....._-..... ~ L"./I---' ~ dA~~ I ~ ~ Y-L ~~~;~f~-?/3:~~~P, Signature ~~---- " addJ!ionaI space . needed. 11IM back 01 bm. d--~ DatI J ~/2.D /'1/ / \ \ _4 . " '\ ~\. \. PROJEcT NUMBER: LOCATION: be I"" PLANNING COMMISSION STATEMENT OF OFFICIAL ACTIO~ / / / /r i Conditional Use Permit;9l-015, Vesting Tentative Tract Map 50523 911 12th street .i APPLICANT: Richard Chang & Henry WU CASE PLANNER: Susan White, Assistant Planner REQUEST: Application for a Conditional Use Permit and Vesting Tentative Tract Map to permit the con- struction of a two story, five unit residen- tial building (5 condominiums) on a 7500 square foot parcel in the R2-(NW) (Low Density Multiple Family Residential [North of Wil- shire]) overlay Districts. PLANNING COMMISSION ACTlqN 12/4/91 X Date. Approved based on the following findings and subject to the conditions below. Denied. other. EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED: Case #CUP 91-015 12/18/91 12/14/91 Case #VTTM 50523 EXPIRATION DATE(S) OF ANY PERMITS GRANTED: 12/18/~3 12/14/93 Case #CUP 91-015 Case #VTTM 50523 LENGTH,OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S) 3 months 3'years Case #CUP 91-015 Case #VTTM 50523 , ~ - 1 - (z) Over 20 percent of Santa Mon~ca' s households are headed by senior cit~zens. Approx~mately 65% of the senior citizen households are renters. In 1980, senior families represented 20 percent of the families with incomes below the poverty level and 16 percent of the slngle person households living in poverty 1n the city. (aa) There is essentially no vacant residential land in Santa Monlca. New construction must occur on recycled parcels or on marglnal commercial or industrial land. When parcels are recycled which previously contained affordable housing, there is often a net loss In the total number of affordable houslng unlts provided, even with an incluslonary housing requirement. (bb) There is inadequate federal and state support for programs to assist the city in meeting lts affordable housing needs. SECTION 9421. Definitions. The following words or phrases as used in this Chapter shall have the following mean~ngs: - 10 - PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Conditional Use Permit 91-015, Vesting Tentative Tract Map 50523 LOCATION: 911 12th street APPLICANT: Richard Chang & Henry Wu CASE PLANNER: Susan White, Assistant Planner REQUEST: Application for a Conditional Use Permit and Vesting Tentative Tract Map to permit the con- struction of a two story, five unit residen- tial building (5 condominiums) on a 7500 square foot parcel in the R2-(NW) (Low Density Multiple Family Residential [North of wil- shire]) Overlay Districts. PLANNING COMMISSION ACTION 12/4/91 Date. x Approved based on the following findings and subject to the conditions below. Denied. other. EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED: 12/18/91 12/14/91 Case #CUP 91-015 Case #VTTM 50523 EXPIRATION DATE(S) OF ANY PERMITS GRANTED: 12/18/93 12/14/93 Case #CUP 91-015 Case #VTTM 50523 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S) 3 months Case #CUP 91-015 3 years Case #VTTM 50523 - 1 - TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, together with its prOV1S1.0n 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 R2 & North of wilshire Overlay districts. 2. The site is physically suitable for the proposed type of development, in that it is a standard lot, able to accomo- date the proposed structure while providing required set- backs, lot coverage limitations and required parking on- site. 3. The site is physically suitable for the proposed density of development, in that it is a parcel of 7,500 square feet in the R2 zone and can accomodate 5 units. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or sub- stantially and avoidably injure fish or wildlife or their habitat, in that the project is an urban in-fill development. 5. The design of the subdivision or the type of improvement will not cause serious public health problems, in that all utilities are available. 6. 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 the City Engineer has approved the tentative tract map and taken into account the required easements and dedications. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and zoning Ordinance" & North of wilshire Overlay Dis- trict standards, in that all required setbacks, lot coverage, building height and parking requirements are met. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that this parcel is surrounded on four sides by mUlti-family residential development. 3. The SUbject parcel is physically suitable for the type of land use being proposed, in that the slope is not exces- sive, all parking can be provided on-site, and adequate open space is provided. - 2 - 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the three existing roul ti-family structures are proposed to be demolished. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the proposal will require Architectural Review Board ap- proval to ensure that it is similar in scale to existing and proposed development in the area. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the proposed use would not be detrimental to public health and safety, in that all utilities are avail- able to the site. 7. Public access to the proposed use will be adequate, in that the site is sufficiently served by an existing street. 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 two and three story mUlti-family residential and the two story project will require Architectural Review Board ap- proval to ensure that it is similar in massing and place- ment to the existing structures. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the project site is located in a multiple residential land use element dis- trict 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 code requirements will be enforced in the con- struction of the building. 11. The proposed use conforms precisely to the applicable per- formance 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 R2 zoning and North of Wilshire Overlay districts. - 3 - CONDITIONAL USE PERMIT CONDITIONS Plans 1. This approval is for those plans dated March 10, 1991, a copy of which shall be maintained in the files of the city Planning Division. Project development shall be consis- tent with such plans, except as otherwise specified in these conditions of approval. 2. 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. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval of the parking and Traffic Engineer. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. Architectural Review Board 5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architec- tural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback im- pacts of any ramps or other features necessitated by ac- cessibility requirements. 6. The Architectural Review Board shall carefully review the project design to ensure that the building is in scale and is compatible with the surrounding neighborhood. 7. The existing mature trees; one, 12" and one, 18" magnolia (grandiflora) shall be preserved in their present location on site, relocated to a specific location on site or re- placed with specimen trees to the satisfaction of the Ar- chitectural Review Board. 8. The Architectural Review Board, in its review, shall en- sure that at least 50% of the required front yard setback and 50% of both required side yard setbacks shall be ade- quately landscaped. 9. A minimum of two 24" box trees shall be planted within the front yard setback. - 4 - 10. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 11. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials; window treatment; glazing; and landscaping. 12. Construction period signage shall be subject to the approval of the Architectural Review Board. 13. Landscaping plans shall comply with Subchapter 5B (Landscaping standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 14. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9040.13-9040.l5. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Un- less otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be lo- cated on the roof. 15. No gas or electric meters shall be located within the re- quired front or street side yard setback areas. The Ar- chitectural Review Board in its review shall pay particu- lar attention to the location and screening of such meters. Fees 16. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unites) on the subject lot, per and subject to the provisions of Section 6670 et seg. of the Santa Monica Municipal Code. Demolition 17. Until such time as the demolition is undertaken, and un- less the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all - 5 - 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. 18. 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) . 19. 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. 20. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 21. No demolition of buildings or structures built prior to 1930 shall be permitted until the end of a 30-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no de- molition shall be approved for 90 days from receipt of a complete application for demolition, or upon the deter- mination by the Landmarks Commission that the application for landmark designation does not merit formal consider- ation, whichever is sooner. Construction 22 . 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. 23. 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. 24. 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. 25. street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Department - 6 - of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 26. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General Services prior to issuance of a building permit. The ap- proved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how de- molition of any existing structures is to be accomplished: 3) Indicate where any cranes are to be located for erec- tion/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conj unction wi th construction; 5) Set forth the extent and nature of any pile-driving operations: 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the na- ture and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated contruction- related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed contruction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting, and security personneli 13) Provide a drainage plan: 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager. 27. A sign shall be posted on the property in a manner consis- tent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 28. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 29. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) - 7 - Miscellaneous CUP conditions 30. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 31. 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. 32. 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. 33. Any lofts or mezzanines shall not exceed 99 square feet unless appropriate required parking is suppl ied. Such areas shall also not exceed 33.3% of the room below unless compliance with the district's limits on number of stories can be maintained. 34. No fence or wall within the required front yard setback, inclusive of any subterranean garage slab and fencing or railing on top thereof, shall exceed a height of 42" above actual grade of the property. 35. A security gate shall be provided across the opening to the subterranean garage. If any guest parking space is located in the subterranean garage, the security gate shall be equipped with an electronic or other system which will open the gate to provide visitors with vehicular ac- cess to the garage without leaving their vehicles. The security gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit. Validity of Permits 36. 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. 37. Within ten days of Planning Division 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, - 8 - applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 38. 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. The term of approval of this permit shall expire two years from the permit's effective date, unless a building permit has been issued for the project prior to the expiration date. 39. within thirty (30) days after final approval of the proj- ect, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in ac- cordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the proj ect or upon ex- piration of the conditional Use Permit. Special Conditions 40. A minimum 5' average setback shall be provided for a mini- mum 24% of the front building elevation prior to ARB review. 41. Exterior building walls shall not exceed a maximum height of 23' from average natural grade, except that portion of the wall within any roof gable. 42. A minimum of 100 square feet of private open space shall be provided for UnitE prior to review by the Archi tec- tural Review Board. Inclusionary Unit Condition 43. 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 two affordable units are provided and maintained over time and through subsequent sales of the property. An inclusionary requirement of at least thirty percent of the total number of units, excluding any density bonus units under state Government Code Section 65915, shall be perma- nently affordable to and occupied by low and moderate in- come households of which at least fifty percent (50%) shall be affordable to households not exceeding sixty per- cent of the (HOD) Los Angeles County median income, with - 9 - the balance of the inclusionary units affordable to house- holds with incomes not exceeding 100% of the (HUD) Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Hous- ing Division of the Department of Community and Economic Development. Such restrictions shall be effective for the lifetime of the project. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the unites) available to eligible tenants and 2) responsibili- ties of the city of Santa Monica to prepare application forms for potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. Owner shall provide the City Planning Division with a con- formed copy of the recorded agreement prior to approval of the Final Map. This provision is intended to satisfy the inc1usionary housing requirements of the Housing Element of the General Plan of the city of Santa Monica. Developer shall satisfy the obligations created by this Agreement by demonstrating to the Director of Planning compliance with ordinance 1577 (CCS), which provides implementation standards for this program. TENTATIVE TRACT MAP CONDITIONS 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 en- gineer and approved by the City Engineer. 2. A subdivision improvement agreement for all off site im- provements 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 Govern- ment Code section 66452.6 and sections 9380-9382 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. 4. In submitting required materials to the Santa Monica En- gineering Division for a final map, applicant shall pro- vide a copy of the approved statement of Official Action. 5. Prior to approval of the final map, Condominium Associa- tion By-Laws (if applicable) and a Declaration of CC & R's - ~O - shall be reviewed and approved by the city Attorney. The CC & R' s shall contain 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 seg. 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. One mylar and one blue-line copy of the final map shall be provided to and recorded with the Los Angeles County Re- corder prior to issuance of any building permit for a con- dominium 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. 10. A copy of the recorded map shall be provided to the Plan- ning and Zoning Division before issuance of a Building permit. 11. Pursuant to section 9366 (SMMe), 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. Prepared by: Susan White, Assistant Planner VOTE Ayes: Nays: Abstain: Absent: Mechur, Nelson, Pyne, Rosenstein Polhemus Gilpin, Morales - 11 - .... NOTICE If this is a final decision not subject to further appeal under the city of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which jUdicial review of this decision must be sought is governed by Code of civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1400. I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the Planning commission of the City of Santa Monica. / / plo/'L- date~ i . ; ! I : alph Mechur, Chairperson 'lease Print Name and Title I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title PCjtempstoa DKW:bz - 12 -