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SR-012390-6I " I . . (9-1 L/(//2-o07 InN Z :) '990 C/ED:CPD:PB:AS Santa Monica, California Council Meeting: January 23, 1990 t-f"} -; . /:':7 PC/CMEM701 L ~ -" ~ TO: Mayor and City Council FROM: city staff SUBJECT: Certification of statement of Official Action for the Appeal of Conditional Use Permit 89-001, Development Review Permit 89-003, and EIA 913, to Allow the Construction of a Four story, 39 Unit Condominium Project on a 41,958 Sq. Ft. Parcel in the R4 Zone. INTRODUCTION This report transmits for City Council certification the Statement of Official Action for the appeal of the above referenced Negative Declaration, Conditional Use Permit, and Development Review Permit to allow Taioo Properties, Inc. to construct a 39 unit condominium development at 701 Ocean Avenue, the southeast corner of Ocean Avenue and Palisades Avenue. BACKGROUND After public hearing and careful review of the record and staff recommendations, the City council u~held the Planning commission.s determination with an additional condition regarding the Architectural Review Board's review of the project's articulation, and approved the proposed cClndominium project on December 12, 1989. cP-J - 1 - JAN 2 ') f"l!"r'l .. . . . ~ RECOMMENDATION It is respectfully recommended that the City Council approve the attached statement of Official Action which contains findings and conditions of approval for CUP 89-001, DR 89-003, EIA 913. Prepared By: Amanda Schachter, Associate Planner Paul Berlant, Director of Planning PB:AS PC/CMEM70l Attachment - 2 - I" . . . STATEMENT OF OFFICIAL ACTION . PROJECT . NUMBER: CUP 89-001, DR 89-003, EIA 913 LOCATION: 701 Ocean Avenue APPLICANT: Taico Properties, Inc. Appellant: Councilmember Ken Genser REQUEST-: Appeal of Planning Commission adoption of a Nega- tive Declaration and approval of Conditional Use Permit 89-001 and Development Review Permit 89- 003 to allow the construction of a four story, 39 unit , condominium project on a 41,958 sq ft parcel in the R4 zone. CITY COUNCIL ACTION . . 12/12/89 Date. . XX Planning commission determination upheld with an additional condition and project approved based on the following findings and subject to the con- ditions below. Denied. Other. NEGATIVE DECLARATION FINDINGS The City Council hereby finds that the Final Initial Study and Negative Declaration should be certified in that: 1. The Commis~ion has reviewed and considered the contents of the Final Initial study and Negative Declaration,consisting of the Draft Initial study and Negative Declaration, public comments, and responses. 2. The Final Initial study and Negative Declaration adequately review and analyze potential environmental effects of the proposed project. . 3. The environmental review was conducted in accordance with applicable state and City CEQA guidelines including preparation, notification, and content requirements. . - 1 - - - ------ ----- ., .. . 4. A Negative Declaration is appropriate, in that the Initial Study provides sufficient data to support a finding that the project will not have a significant effect on the environment. DEVELOPMENT REVIEW FINDINGS 1. The physical location, size, massing, and placement of proposed structures on the site and the location of pro- posed uses within the project are compatible with and re- late harmoniously to surrounding sites and neighborhoods, in that required setbacks are provided, the proposed building complies with pertinent development standards and is within the range of building size in the neighborhood (two story to twelve story residential buildings) . 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the project would provide 96 parking spaces, ten more than required by SMMC, section 9044. ~, and a parking and traffic analysis (in- cluding auto, pedestrian and bicycle usage) performed by Kaku and Associates, concluded that neither the project nor cumulative growth would have any significant impacts at any of the intersections studied. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to . accommodate the new development, in that the proposed development is an in-fill of urban land adequately served by existing infrastructure and services, and the project will be required to comply with ordinance No. 1451 reg- ulating the rate of wastewater increase handled by the City'S sewer system and Hyperion Treatment Plant. 4. The project is consistent with the Municipal Code and General Plan, in that it conforms to the R4 zoning regulations. 5. Reasonable mitigation measures have been included for all . adverse impacts identified in an Initial study as described in Attachment B, the Final Initial Study con- ducted by Robert Bein, William Frost and Associates. CONDITIONAL USE PERMIT FINDINGS 6. 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 Ordinancell, in that the proposed condomini- um conforms to the R4 zoning regulations. 7. The proposed use would not impair the fntegrity and character of the district in which it is to be established or located, in that it would be located in a multi-family residential district and it has incorporated general design elements of the surrounding district. - 2 - ~ I. . 8. The subject parcel is physically suitable for the type of land use being proposed, in that the proposed project is less than the allowed density in th7 R4 zone. 9. The proposed use would be compatible with existing and permissibl district and the general area in which the proposed use is to be area is developed with multi-family residential projects. 10. 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 development is an in-fill of urban land adequately served by existin~ infrastructure and services. . 11. Public access to the proposed use will be adequate, in that the site is adequately served by existing streets and alleys. . 12. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that required setbacks are pro- vided and the building mass is within the range of exist- . inq buildings in the neighborhood (two story to 12 story residential buildings). . . 13. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the project site is located in the high density multiple residential dis- trict and complies with the applicable regulations. 14. 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 and safety requirements will be enforced in the construction of the buiding and the applicant will provide a geotechnical study which will include mitigation mea- sures, if applicable, for the project, prior to issuance . of a building permit. 15. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the area is zoned for high density multiple family residential use. CONDITIONAL USE PERMIT/DEVELOPMENT REVIEW PERMIT CONDITIONS 1. The Architectural Review Board, in their review, shall pay particular attention to the landscaping and building design to ensure that the materials and design are compatible with development in the areaJ especially Palisades Park. The Board shall carefully review plans for the transplanting of existing landscape materials so as to ensure success. - 3 - .. .. . 2. The developer shall covenant and agree with the city of Santa Monica to specific terms, conditions and restric- tions upon the possession, use and enjoyment of the sub- . ject property, which terms, condi-tions and restrictions shall be recorded with the Los Angeles County Recorder's Office as a part of the deed for the property at 2107 5th StTeet. The conditions and restrictions shall ensure that 23 affordable units (of which not less than 12 will be low-income affordable units, with the remaining units af- fordable to households which are at or below moderate- income levels) are provided at the property at 2107 5th street and maintained over time and through subsequent sales of the property. Said units will be in addition to the four units already deed restricted at ~107 5th street as recorded with the Los Angeles County Recorder on March 30, 1989. A low-income affordable unit shall be defined as being affordable to households with incomes not exceed- ing 80% 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. A moderate-income affordable unit shall be defined as being affordable to households with incomes not exceeding 120% 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. This agreement shall be executed and recorded prior to the issuance of building permits for 701 Ocean Avenue. Such agreement shall specify l) responsibilities of the developer for making the unit (s) available to eligible tenants and 2) responsibilities of the City of Santa Moni- ca to prepare application forms for potential tenants, establish criteria for qualifications, and monitor com- pliance with the provisions of the agreement. In es- tablishing lists of qualified tenants for occupancy of units located at 2107 Pacific, tenants who have been evic- ted from 701 Ocean Avenue pursuant to the Ellis Act shall be given first priority, provided that such tenants meet income eligibility criteria established for the units, as set forth above. Owner shall provide the City Planning Division with a conformed copy of the recorded agreement prior to the is- suance of building permits for 701 Ocean Avenue. Owner shall obtain a certificate of occupancy for the above- described project at 2107 5th street and shall rent the units in that project to qualifying tenants prior to is- suance of a certificate of occupancy for th~ project lo- cated at 701 Ocean Avenue. This provision is intended to satisfy the inc1usionary housing requirements of Program 12 of the Housing Element of the General Plan of the City of Santa Monica ("Program 12") . - 4 - - !:_--- . . 3. Prior to the issuance of building permits, the developer shall enter an agreement with the City whereby the provi- son of 28 rental units at 2107 5th street shall satisfy Program 10 requirements for the demolition of 22 rental housing units at the Ocean Avenue site. . 4. The applicant shall provide a geotechnical study which will include potential impacts due to the location of the roof-top swimming pool, and will include mitigation mea- sures if applicable for the project, prior to issuance of . . building permits. Building and Safety shall pay particu- lar attention to these issues in its review of the project relative to the project's location within a hazard manage- ment zone. 5. Construction shall not begin before 8:00 a.m. on any given day and shall be otherwise limited pursuant to the City's . constructiop hours ordinance. 6. The windows to the light wells of the condominium. units will be sound sealed and double glazed to reduce noise impacts. These windows will also be operable for ventilation. 7. All exterior lighting shall be unobstructed and construct- ed or located so that only the intended area is illuml- · nated, long-range visibility is reduced, and off-site . glare is minimized. 8. Security lighting shall be directed inward and shielded from adjacent uses at the periphery of the site. 9. Appropriate procedures for photographing and documenting the courtyard structure shall be implemented by a qualified historian approved by the city. The owner shall submit measured drawings of the existing courtyard build- ing to the City Planning Division for inclusion in the City Planning Division files. Records of this structure will also be placed with the City of santa Monica Histori- cal Society. 10. The juniper trees which currently landscape the existing building will be retained and incorporated into project design wherever possible. Juniper trees which cannot be retained at their present location will be removed and transplanted. 11. The owner shall construct a 6' screen wall parallel and adjacent to the south (rear) property line. 12. A qualified entity, mutually agreed upon by the owner and the city, shall manage the units at 2107 5th Street. priority shall be given to a non-prOfit entity. - 5 - -------- - ----.- . . Plans 13. This approval is for those plans dated' March 8, 1989, a copy of which shall be maintained in the files of the City. Planning Division. Project development shall be con&istent with such plans, exoept as otherwise specified in these conditions of approval. 14. 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. 15. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. . . 16. 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. 17. Plans for final design, landscaping, screening, trash en- I closures, and signage shall be subj ect to review and ap- . proval by the Architectural Review Board. 18. 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. . Fees 19. The City is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development I The Plan will likely include an ordinance establ ishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the City. This ordinance may require that the owner of the proposed proj ect pay such new development fees, and that employers within the project pay such new annual em- ployer fees related to the City'S Transportation Manage- ment Plan. 20. 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 seq. of the Santa Monica Municipal Code. - 6 - ~ . . 2l. 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. . Demolition . 22. 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 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. . 23. Unless oth~rwise 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). 24. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permi tted by the Zoning Ordinance, shall be maintained , around the perimeter of the lot. The lot shall be kept . clear of all trash, weeds, etc. 25. 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. 26. Prior to issuance of a certificate of occupancy for this project, the project shall comply with any ordinance adop- ted by the City Council to implement Program 10 of the Housing Element. In the event that such an ordinance has not been adopted prior to the issuance of a certificate of occupancy for this development project, this condition shall be of no further force and effect. Failure to adopt and imple.menting ordinance shall not excuse a developer from the obligation to comply with any other condition imposed in connection with program 10 of the Housing Element. Construction 27. 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. - 7 - F" . . 28. Sidewalks, curbs, gutters, pa~ng 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. 29. 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. 30. 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 of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- . . proval of tpe Department of Recreation and Parks. 31. A construction period mitigation plan shall be prepared by the appl icant for approval by the Department of General services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors and subcontractors as well as the developer and architect: 2) Describe how demolition of any existing · structures is to be accomplished: 3) Indicate where any . cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or side- walk is proposed to be used in conjunction with construc- tion: 5) Set forth the extent and nature of any pi1e- driving operations: 6) Describe the length and number of any tiebacks which must extend under the property of other persons: 7) Specify the nature and extent of any dewater- ing 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 normal- ly permitted hours is proposed: 11) Describe any proposed contruction noise mitigation measures; 12) Describe con- struction-period security measures including any fencing, lighting, and security personnel; 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. 32. 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. - 8 - !r . . 33. 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 34. 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.) Miscellaneous conditions . 35. 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. 36. Landscaping plans shall comply with Subchapter sa (Landscaping Standards) of the zoning ordinance including . use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 37. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC section 9040.13-9040.15. 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. 38. 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. 39. No gas or electric meters shall be located within the re- quired front yard setback area. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 40. Any lofts or mez zanines shall not exceed 99 square feet unless appropriate required parking is supplied. 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. . . - 9 - . e . Validity of Permits 41. The conditional use permit shall be'of no further force or effect if the Tentative Map expires prior to approval of a Final Map for said tract. 42. 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. 43. Within ten days of Pl'anning Division transmittal of the statement of Official Action, project applicant shall sign and return a copy of the statement of Official Action pre- pared by the Planning Division, agreeing to the Conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, ap- plicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed state- ment shall be returned to the Planning Division. Failure . to comply with this condition shall constitute grounds for potential permit revocation. · . 44. 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. Monitoring of Conditions 45. Pursuant to the requirements of Public Resources Code Section 21081.6, the city Planning Division will coordi- nate a monitoring and reporting program regarding any re- quired changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and departments such as the Building Division, the General Services Department, the Fire Department, the Police Department, the Community and Economic Development Department and the Finance De- partment are aware of project requirements which must be satisfied prior to issuance of a Building Permit, certifi- cate of Occupancy, or other permit, and that other respon- sible agencies are also informed of condition~ relating to their responsibilities. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as appl icabl e r prov ide periodic reports regarding compliance with such conditions. - 10 - . - . . 46. Prior to issuance of a building permit, Condominium As- sociation By-Laws and a Declaration of CC & Rls shall be recorded following review and approval by the City Attor- ney. The CC & Rls shall contain a non-discrimination clause as presented in Section 9392 (SMMC) and in the case of' condominiums, contain such provisions as are required by Section 9l22E (SMMC). 47. 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. 48. Prio~ to issuance of building permits, a subdivision im- provement 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. . 49. As a mitigation monitoring program, the City shall obtain/ provide assurances that each condition of approval (refer- enced below) and defined in this Statement of Official Action has been met. The City department listed next to . each condition number shall be responsible for ensuring that compliance is obtained. The date of compliance shall be noted herein. . The responsible department shall conduct single or periodic monitoring, as appropriate, to ensure condition compliance. If a condition requires on-going action, the applicant shall report annually in writing to the responsible City department which will verify compliance. Each responsible department may require the applicant to supply data as are needed to verify compliance. Department Date compliance Deadline . Special Conditions: 1. Planning Prior to Building Permits 2. Planning Prior to Building Permits 3. Planning Prior to Building Permits 4. Engineering Prior t.o Bulding Permits 5. Building and Safety Throughout construction . . - 11 - - . . . . . 6. Building and Safety Prior to Certificate of Occupancy . 7. Building and Safety Prior to Certificate of Occupancy . 8. Building and Safety Prior to Certificate of Occupancy 9. Planning Prior to Building Permits Department Date 'Comp~iance Deadline 10. Planning Prior to certificate of Occupancy 11. Planning Prior to Certificate of Occupancy 12. Planning Prior to Certificate of Occupancy . 13. Parking & Traffic Prior to Building Permits . . standard Conditions: 5. Planning Prior to Building Permits 6. Planning Prior to Building Permits 7. Parking & Traffic Annual Compliance 8. Building & Safety Prior to Building Permits 9. Recreation & Parks Prior to Certificate of Occupancy 10. Building & S~fety Prior to Building Permits 11. Recreation and Parks Prior to Certificate of Occupancy 12. Building & Safety Prior to Building permi ts. 13. Building and Safety Prior to Building Permits 14. Planning Prior to Certiticate of Occupancy - . - 12 - J" . . . . . 15. Building and Safety - Prior to Building Permits 16. General Services Prior to Building Permits 17. GeneraL Services Prior to Building Permits 18. Recreation & Parks Prior to Certificate . . of Occupancy 19. General Services Prior to Building Permits . 20. Building & Safety Prior to Building Permits . . Department Date Compliance Deadline 21. Building & Safety Prior to Building Permits 22. General Services Prior to certificate of Occupancy . 23. Planning Prior to Certificate of Occupancy . 24. Planning Prior to certificate of Occupancy 25. Planning Prior to Building Permits 26. General Services Prior to Building Permits 27. Planning Prior to Building Permits 28. Planning Prior to Building Permits 29. Planning Prior to Building Permits 30. Building and Safety Prior to Certificate of Occupancy 31. Planning Prior to Building Permits 32. Planning Prior to Building Permits - 13 - r . ~. . 33. Planning _ Prior to Building Permits 34. Planning prior to Building Permits 35. City Engineer Prior to Building Permits 36. Planning Prior to Building . Permits. Special Condition 50. The Architectural Review Board, in their review of the project design, shall pay particular attention to the project's articulation to ensure that the building's massing . is compatible with the streetscape's pedestrian orientation . as well as with the surrounding structures. VOTE Ayes: Abdo, Finkel, Jennings, Katz, Reed, Zane Nays: Genser Abstain: None . Absent: None . 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 ci viI Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1400. This does not supercede Public Resources Code section 21167, which governs the time within which judicial review of the City's acts or decisions in connection with the California Environmental Quality Act must be sought. I hereby certify that this statement of Official Action accurate- ly reflects the' final determination of the City council of the City of Santa Monica. ~~/\ r/ J~ J l -.JJ.,~ .-.)./ ;-rv'/YfL.!..4/ January 24, 1990 signaturef' date v Beth J. Holmes, Ass1stant C1ty Clerk print name and title - 14 - ~~ I - . . .. - I hereby agree 'to 'the above conditions of approval and acknowledge that fai,lure 'to comply with sucli conditions shall constitute grounds for potential revocation of the permit approval. . . - Applicant's signature Print Name and Title PC/CCST701 - . AS:nh 12/22/89 I . . - 15 - ~ - - -- I ___ _ _ __ _ ___