SR-010990-6G
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C/ED:PB:DKW:DM Santa Monica, California
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Council Mtg: January 9, 1990 #-- lo.... '__ 1
TO: Mayor and City Council
FROM: city staff
SUBJECT: Certification of statement of Official Action for
Appeal of Planning Commission Denial of CUP 88-018 and
TTM 47085 for a Five Unit Residential Condominium
Building at 1019 Grant street.
INTRODUCTION
This report recommends that the City Council certify the attached
statement of Official Action for the above referenced appeal.
BACKGROUND
After a public hearing, and careful review of the record and
staff recommendation, the City Council upheld an appeal of the
Planning Commission's denial of a proposal to construct a two
story, 5-unit condominium subject to the findings contained in
the attached statement of Official Action.
RECOMMENDATION
It is respectfully recommended that the Council certify the
attached Statement of Official Action.
Prepared by: David Martin, Associate Planner
D. Kenyon Webster, Principal Planner
Paul Berlant, Director of Planning
Planning Division
Community and Economic Development Department
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 88-018, TTM 47085
LOCATION: 1019 Grant street
APPLICANT: Bel Air Builders
REQUEST: Five unit Residential Condominium
CITY COUNCIL ACTION
5/2/89 Date.
XX Approved project based on the following findings
and subject to the conditions below.
Denied.
other.
TENTATIVE TRACT 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 R2 Zone.
2. The site is physically suitable for the proposed type of
development in that it is a standard lot with no unusual
characteristics.
3 . The site is physically suitable for the proposed density
of development in that it is a 6,500 square foot lot in
the R2 Zone and can accommodate 5 units.
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 rrCity of Santa Monica Comprehensive Land
Use and Zoning Ordinancell, in that the proposed condomini-
um conforms to the R2 Zoning regulations.
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 it would be located in a multi-family
residential district.
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3. 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 the R2 Zone.
4. 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 area is developed with mUlti-family residential.
5. 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 existing infrastructure.
6. Public access to the proposed use shall be adequate, in
that the subject site is adequately served by existing
streets and alleys.
7. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the area is de-
fined as a Low Density Housing area by the Land Use Ele-
ment of the General Plan.
CONDITIONS
Plans
l. This approval is for those plans, a copy of which shall
be maintained in the files of the City Planning Divi-
sion. Project development shall be consistent with
such plans, except as otherwise specified in these con-
ditions 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.
5. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
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6. 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
7. The city is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air qual i ty impacts resulting from both new and existing
development. The Plan will likely include an ordinance
establishing 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 project 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.
8. 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.
Demolition
9. 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.
lOt 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) .
II. 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.
Construction
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12. 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.
13. 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.
14. 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.
15. 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.
l6. 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. 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 pile-
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
construction 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.
17. 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
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shall also indicate the hours of permissible construction
work.
18. 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
19. 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
20. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet ( 32
square feet).
21. 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.
22. Landscaping plans shall comply wi th Subchapter 5B
(Landscaping Standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
23. 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.
24. 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.
25. 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.
Validity of Permits
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27. 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.
28. 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.
29. within ten days of city Council 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
statement shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
30. 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.
SPECIAL CONDITIONS
1- The Architectural Review Board, in its review shall pay
particular attention to the proposed decks in regard to
the privacy of residents on the adjacent parcels.
2 . The proposed mezzanines shall not exceed 100 square feet
in area or 33.3% of the room below.
TENTATIVE TRACT MAP CONDITIONS
I. 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
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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 (if applicable) and a Declaration of CC & R's
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 $l,OOO 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
pr ior to schedul ing 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 Commission's decision on the tentative
map.
INCLUSIONARY UNIT CONDITIONS
1. 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
Off ice as a part of the deed of the property to ensure
that one affordable unit is provided and maintained over
time and through subsequent sales of the property. An
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affordable unit shall be defined as being 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.
This agreement shall be executed and recorded prior to
approval of the Final Map. Such agreement shall specify
l) 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
conformed copy of the recorded agreement prior to approval
of the Final Map.
This provision is intended to satisfy the inclusionary
housing requirements of Program 12 of the Housing Element
of the General Plan of the City of Santa Monica ( II Program
12 ") . Developer may satisfy the obligations created by
this Agreement by demonstrating to the Director of Plan-
ning compliance with Ordinance 1448 (CCS), which provides
implementation standards for Program 12.
VOTE
Ayes: Abdo, Finkel, Genser, Jennings, Katz, Reed, Zane
Nays:
Abstain:
Absent:
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. 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 Planning Commission of
the City of Santa Monica.
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J;;Ul,l,lary 11, 1990
signature date
Clarlce E. Johnsen, City Clerk
print name and title
I hereby agree to the above oonditions 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
PC/CCST8818
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12/07/89
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