SR-6-I (3)
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. MAV 231989
CjED:PVB:DKW:LM Santa Monica, Ca 1fornia
Council Mtg: May 23, 1989
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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
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Attachment: statement of Official Action
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HP/CUP893SM
05/5/89
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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.
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, 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.
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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
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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.
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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
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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.)
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Miscellaneous Conditions
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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
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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.
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