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SR-6-I (3) -~ . . ~-r -' , YC 2 .-- e> 0<6 . MAV 231989 CjED:PVB:DKW:LM Santa Monica, Ca 1fornia Council Mtg: May 23, 1989 i../ T -;"J ..- -. TO: Mayor and city Council FROM: City Staff SUBJECT: Certification of statement of Official Action for Appeal of Conditional Use Permit 89-003 and Tentative Parcel Map 20677 for a Two storyj27' , Four Unit Condominium to be Located at 434 Pier Avenue. Applicant: PlutskyjChapin Partners. Appellant: Councilmember Herb Katz. INTRODUCTION This report recommends that the City council certify the 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 conditional approval of a proposal to construct a four unit condominium subject to the findings and conditions contained in the attached statement of Official Action dated May 2, 1989. RECOMMENDATION It is respectfully recommended that the council approve the attached statement of Official Action. Prepared by: Larry Miner, Assistant Planner D. Kenyon Webster, Principal Planner Paul Berlant, Director of Planning Community and Economic Development Department ~r MAY ~ ~ lUDn. - -- - . . . ~ Attachment: statement of Official Action I LM HP/CUP893SM 05/5/89 4 . . . STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: CUP 89-003, Vesting TPM 20677 LOCATION: 434 Pier Avenue APPLICANT: PlutskyjChapin Partners REQUEST: To construct a two story/27, four unit condomini- um with subterranean parking for nine cars. CITY COUCIL ACTION 5/5/89 Date. Approved based on the following findings and subject to the conditions below. Denied. X other. Appeal upheld. Planning Commission condi- tional approval reversed. 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. 2. The site is physically suitable for the proposed type of development. 3. The site is physically suitable for the proposed density of development. 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. 5. The design of the subdivision or the type of improvement will not cause serious public health problems. 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. - 1 - . . . . , 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", 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 the area is mUlti-family in nature, and the proposed condominium will provide a reasonable transition from the adjacent mUlti-family residential building to the west. 3. The subject parcel is physically suitable for the type of land use being proposed, in that it is level, all parking can be provided on-site, and adequate open space is provided. 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 proposed single-family residence existing on-site will be removed, and a multi- family residence will be constructed in its place. 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 proposed use will conform to the lllulti-family uses which exist to the south and west of the site in question. The proposed use will also provide a transition from those uses and the existing single-family residences to the north and east of the project site. 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 all utilities are available. 7. Public access to the proposed use shall be adequate, in that alley access is proposed and all required parking is provided on-site. 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 the area is 2 story multi- family residential in nature, and the proposed 2 story building will maintain that type of development. 9. The proposed use is consistent with the goals, objectives, and pOlicies of the General Plan, in that the proposal conforms to the Ocean Park Interim Zoning Ordinance, and is lower in density than would be permitted by right. - 2 - . . . 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 and safety requirements will be enforced in the construction of the building. 1l. 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 Ocean Park Interim Zoning Ordinance. CONDITIONS Plans 1. This approval is for those plans dated, January 31, 1989, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 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. 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 quality 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 - 3 - -------- . . . 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 I s Transportation Manage- ment Plan. a. 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 permi t 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, the ex- isting structure unless currently occupied shall be main- tained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and plant- ing that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs. 10. 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). 11. 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 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. - 4 - - - - -- .. . . or 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. VOTE Ayes: Finkel, Genser, Jennings, Katz, Reed, Zane Nays: Abstain: Abdo Absent: I hereby certify that this statement of Official Action accurately reflects the final determination of the City council of the city of Santa Monica. signature date 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. Applicantts Signature Print Name and Title PC/ctcup903 nh 05/05/89 - 8 - . . 15. Street trees shall be maintained, relocated or provided as . required in a manner consistent with the Cityts 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. 16. 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 na ture 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; II} Describe any proposed construction noise mitigation measures; 12) Oescribe 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 shall also indicating the hours of permissible construc- tion 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.) - 5 - . . . 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). Validity of Permits 21. 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. 22. In t.he event permittee violates or fails to comply with any conditions of approval of this permit, no furt.her per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 23. wi thin 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, 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. 24. 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 appeal. special Conditions 25. There shall be no separate means of access permitted to the bedroom located in the subterranean garage. Access to the unit shall only be permitted through the unit to which it is attached. 26. The Architectural Review Board shall ensure the following: 1. Wood windows shall be used throughout the project. 2. Rooftop equipment and trash enclosures shall be ade- quately screened. 3. No gas or water meters shall be located in the front yard. TENTATIVE TRACT MAP CONDITIONS - 6 - ~. . . . 1. All off site improvements required by the city Engineer r 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 IS 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 (if applicable) and a Declaration of CC & Rls shall be reviewed and approved by the City Attorney. The CC & R I 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. 7a. 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. 7b. 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. - 7 -