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JAN 1 0 1989
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C/ED:CPD:DKW:DM
Council Meeting: January 10, 1989
Santa Monica, California
TO: Mayor and City Council
FROM: City staff
SUBJECT: certification of Statement of Official Action for the
Appeal of CUP 533, Vesting TPM 19937, 2824 Arizona
Avenue Partnership.
INTRODUCTION
This report transmits for City Council certification the
statement of Official Action for the appeal of the above listed
Conditional Use Permit and subdivision map for 2824 Arizona
Avenue Partnership development to allow the construction of a
four-unit, two-story plus loft, residential condominium project
and a one-lot sUbdivision for condominium purposes at 2824
Arizona Avenue.
BACKGROUND
After public hearing and careful review of the record and staff
recommendations, the city Council upheld the appeal and approved
the proposed condominium development on December 13, 1988.
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 533 and Vesting TPM 19937.
Prepared By: Shari Laham, Associate Planner
D. Kenyon Webster, Principle Planner
Paul Berlant, Director of Planning
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PB:DKW:DM
PCjSTOAMEMO
Attachment
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: CUP 533, Vesting TPM 19937
LOCATION: 2824 Arizona Avenue
APPLICANT: 2824 Arizona Avenue Partnership
REQUEST: Appeal of Planning commission Approval of Condi-
tional Use Permit and vesting Tentative Parcel
Map to allow construction of a four-unit, two-
story plus loft residential condominium project
and a one-lot subdivision for condominium
purposes.
CITY COUNCIL ACTION
12/13/88
Date.
Approved based on the following findings and
subject to the conditions below.
Denied.
X Other. Appeal upheld and Planning Commission
approval modified to allow construction under
provisions of the zoning ordinance in effect at
time the application was filed.
CONDITIONAL USE PERMIT FINDING
1. The proposed use and location are in accordance with good
zoning practice in that the proposed development meets all
development standards and the General Plan~ the use is
compatible with existing and potential uses within the
general area due to its similar height, scale and density
to surrounding uses i traffic or parking congestion will
not result in that adequate circulation and on-site park-
ing are provided~ and the public health, safety and
general welfare are protected and no harm to adj acent
properties will result in that the development meets all
development standards.
TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its prov~s~on for
its design and improvements, is consistent with applicable
general and specific plans as adopted by the City of Santa
Monica.
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2. The site is physically suitable for the proposed type and
density of development in that the project is an in-fill
of urban land adequately served by existing infrastructure
and proposed on a site having no significant physical
characteristics which would preclude the development.
3. 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.
4. The design of the subdivision or the type of improvement
will not cause serious public health problems.
5. 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.
6. The design of the subdivision does not preclude future
passive or natural heating or cooling opportunities.
SPECIAL CONDITIONAL USE PERMIT CONDITIONS
1. The working drawings shall include a section showing the
overall height of the structure not to exceed 30 feet
above average natural grade.
2. The proposed landscape plan shall be improved to provide
planting in all four setbacks and to increase the size of
some of the trees to the satisfaction of the Architectural
Review Board.
3. That a roof section shall be submitted to the Archi tec-
tural Review Board which shows the method of adequately
screening all roof mechanical equipment.
4.
That the individual garage doors
garage shall be equipped with
openers and shall be indicated as
ing drawings.
within the subterranean
automatic garage door
such on the final work-
5. The floor plan shall be revised to the satisfaction of
staff to ensure that the mezzanine is built directly above
and does not exceed one-third the floor area of a con-
tinuous area below.
6. The trash enclosure doors shall be rearranged to open to-
wards the alley. In conjunction with this change, the
applicant shall create a usable common open space in the
adjacent rear yard to the satisfaction of the Architec-
tural Review Board.
7. That the retaining wall adjacent and parallel to the
driveway shall extend no higher than two feet above grade
to maintain sight distance.
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8. That this approval shall not be effective until the date
of adoption of the ordinance which permits residential
projects with vesting maps to be reviewed under the provi-
sions of the prior zoning ordinance.
STANDARD CONDITIONAL USE PERMIT CONDITIONS
1. PI ans for final design, landscaping, screening and trash
enclosures shall be subject to review and approval by the
Architectural Review Board.
2. 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 substantial conformance
with the plans submitted or as modified by the Planning
Commission, Architectural Review Board or Director of
Planning.
3. 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.
4. The rights granted herein for the Conditional Use Permit
shall be effective only when exercised within a period of
one year from the effective date of approval.
5. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
6. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
7. Refuse areas, storage areas and mechanical equipment shall
be screened in accordance with Sec. 9127J. 2-4 (SMMC).
Refuse areas shall be of a size adequate to meet on-site
need.
8. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
9. Project design shall comply with the building energy reg-
ulations set forth in the California Administrative Code,
Title 24, Part 2, (Energy Conservation standards for New
Residential Buildings), such conformance to be verified by
the Building and Safety Division prior to issuance of a
Building Permit.
10~ Natural light shall be provided in at least one bathroom
in each dwelling unit.
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11. 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 the Department of Recreation and Parks.
12. ~ 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.
13. Any outdoor lighting shall be shielded and/or directed
away from adj acent res idential properties, wi th any such
lighting not to exceed 0.5 foot candles of illumination
beyond the perimeter of the subject property.
14. 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.)
15. This determination shall not become effective for a period
of twenty days (ten days for Tentative Parcel Map) from
the date of determination or, if appealed, until a final
determination is made on the appeal.
TENTATIVE PARCEL 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. Before the city Engineer may approve the final map, a sub-
division improvement agreement for all off site improve-
ments 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.
4. The developer shall provide the Engineering Department of
the City of Santa Monica with one Dizal Cloth print
reproduction and microfilm of each sheet of the final map
after recordation.
5. Prior to approval of the final map, Condominium Associa-
tion By-Laws and a Declaration of CC & R's shall be re-
viewed and approved by the city Attorney. The CC & R' s
shall contain a nondiscrimination clause as presented in
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Section 9392 (SMMC) and contain such provisions as are
required by Section 9l22E (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 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.
9. 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 units on the subject lot, per
and subject to the provisions of section 6670 et seg. of
the santa Monica Municipal Code.
VOTE
Ayes: Abdo, Finkel, Katz, Reed and Zane
Nays: Ganser
Abstain:
Absent: Jennings
I hereby certify that this statement of
accurately reflects the final determination
commission of the City of Santa Monica.
Official Action
of the Planning
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~gnature /
January II, 1989
date
Clarlce E. Johnsen, City Clerk
print name and title
PC/STCUP533
SL:nh
09/29/88
Appeal considered December 13, 1988.
Statement of Offlclal Actlon approved January 10, 1989.
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