SR-6-D
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ClEO: PB: mcw: LM L(tJZ'- tJ{)8 Santa Monica, Jlm 2 6 1990
California
PClccschul
council Mtg: June 26, 1990
TO: Mayor and City Council
FROM: city staff
SUBJECT: certification of statement of Official Action for
Appeal of Planning Commission Approval of Development
Review 90-001, Conditional Use Permit 89-097 and
vesting Tentative Tract Map 48784, for a Two Story Plus
Loft, Eighteen Unit Condominium Development Located at
1114-28 Princeton street.
INTRODUCTION
This report recommends that the City Council certify the attached
statement of Official Action with the findings and conditions
contained therein.
BACKGROUND
On June 12, 1990, the City Council denied the applicant's appeal,
and upheld the Planning Commission's approval of an 18 unit
condominium project proposed for 1114-28 Princeton street, by a
vote of 4-2. Specifically, the Council upheld specific Planning
Commission conditions of approval regarding imposition of
potential Program 10 and Transportation Management Plan (TMP)
fees.
BUDGET/FINANCIAL IMPACT
If a Program 10 implementing ordinance is adopted, the project
will generate revenue for the Housing Mitigation account. The
exact amount will depend on the in-lieu fees set forth in the
Program 10 implementing ordinance. If an in-lieu fee option is
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JUN 2 6 1990
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not available at the time a certificate of Occupancy is requested
for the project, a total of $320,000.00 will be paid by the
developer to meet Program 10 replacement requirements. This fee
is proposed to mitigate the developer's inability to replace all
units on-site.
RECOMMENDATION
It is respectfully recommended that the Council certify the
attached statement Of Official Action.
Prepared by: Larry Miner, Associate Planer
Paul Berlant, Director of Planning
Planning Division
Community and Economic Development Department
1m
pc/schul
06/19/90
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CITY COUNCIL STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: DR 90-001, CUP 89-097 and Vesting TTM 48784
LOCATION: 1114-1128 Princeton Street
APPLICANT: Schulman Family Trust
REQUEST: Appeal of Planning Commission approval of a 2
story plus loft/3D', 18 unit condominium develop-
ment with subterranean parking for 56 cars. The
appellant is contesting specific conditions of
project approval.
PLANNING COMMISSION ACTION
6-12-90 Date.
X Appeal denied, project approved based on the fol-
lowing findings and subject to the conditions
below.
Denied.
other.
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 the project site will be developed with 5 separate
buildings thereby reducing the bulk and mass of the proj-
ect and increasing articulation. This will reduce the
projects impact on the surrounding neighborhood.
2. The rights-of-way can accommodate autos and pedestrians,
including parking and access, in that access to the site
will be taken from an existing 20' rear alley.
3. The health and safety services (police, fire, etc. ) and
public infrastructure (e.g. utilities) are sufficient to
accommodate the new development, in that all utilities are
existing and available to the project site.
4. Any provision of housing or parks and public open space,
which are part of the required project mitigation measures
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required in Subchapter SG of the City of Santa Monica Com-
prehensive Land Use and Zoning Ordinance, satisfactorily
meet the goals of the mitigation program, in that a condi-
tion is placed on the project requiring compliance with
any ordinance adopted by the city implementing Program 10
of the Housing Element.
S. The proj ect is generally cons istent with the Municipal
Code and General Plan, in that, as conditioned, all plan-
ning and zoning requirements are complied with.
6. Reasonable mitigation measures have been included for all
adverse impacts identified in an Initial study or Environ-
mental Impact Report, in that the project is Categorically
Exempt.
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 condominium develop-
ments are Conditionally Permitted uses and the subject
proposal complies with all Planning and Zoning
requirements.
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 zoned for multi-family
residential development and the proj ect will entail the
removal of a 28 unit apartment building and the construc-
tion of an 18 unit condominium.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that it is level and all
utilities are available.
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 2 story plus 10ft is
similar in scale to surrounding multi-family residences,
and the existing 28 unit apartment building will be
removed and replaced with an 18 unit condominium
development.
S. 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 proposal is under the maximum density permitted in the
R2 zoning district.
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 to the site.
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7. public access to the proposed use will be adequate, in
that a 20t wide alley will provide access to the 56 space
subterranean garage.
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 surrounding neighbor-
hood is composed of 2 story multi-family residences, and
the proposed 2 story plus loft, le unit condominium is
compatible as with those existing uses.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that as conditioned,
the project complies with Program 10 of the Housing Ele-
ment as it may be implemented by Ordinance 1486 (ccs) and
condition approval #14.
10. The proposed use would not be detrimental to the publ ic
interest, health, safety, convenience, or general welfare,
in that the proposed project is an in-fill development
replacing an existing multi-family apartment project with
a reduced density 18 unit condominium development.
II. The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, section 9050
and special conditions outlined in Subchapter 7, Section
9055 of the City of Santa Monica Comprehensive Land Use
and Zoning Ordinance, in that those Subchapters are not
applicable to new condominium developments.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the sur-
rounding neighborhood is multi-family in nature and the
proposed development will replace an existing 28 unit
apartment building thereby reducing the sitets overall
density.
TENTATIVE PARCEL/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 the map has been reviewed and approved by
the City Engineer.
2. The site is physically suitable for the proposed type of
development it is level and serviced by all utilities.
3. The site is physically suitable for the proposed density
of development in that 22 units are permitted, and 18
units are proposed with all required setback and lot
coverage requirements being met.
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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 the development is an urban in-fill development.
5. The design of the subdivision or the type of improvement
will not cause serious public health problems in that all
pUblic utilities are available to the project site.
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 in that the City Engineer has
reviewed the proposed tract map and no additional street
dedications have been requested of the developer.
CUP CONDITIONS
Special Conditions
1. The lofts shall not exceed 1/3 of the master bedroom. .
Based on a master bedroom floor area of 200 square feet,
the lofts shall not exceed 66 square feet in size.
Plans
2. This approval is for those plans dated December 11, 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.
3. 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.
4. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
5. 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.
6. 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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7. 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
8. 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
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.
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 unit(s) on the subject lot,
per and subject to the provisions of Section 6670 et seq.
of the Santa Monica Municipal Code.
Demolition
10. 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.
11. 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) .
12. 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.
13. 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
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activities at the site do not create pest control impacts
on the project neighborhood.
14. Prior to issuance of building permits for project con-
struction, applicant shall enter into a deed restriction
that provides for compliance with Program 10 of the Hous-
ing Element and incorporates the condition required by
Ordinance 14S6 (CCS). The deed restriction shall incorpo-
rate the following language: Prior to the issuance of a
Certificate of Occupancy for the project, the project
shall comply with any ordinance adopted by the City Coun-
cil 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 proj ect, this condition shall be of no
further force and effect. Failure to adopt an implement-
ing 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.
Prior to the issuance of a certificate of occupancy for
this project, the applicant shall comply with any lawful
ordinance duly adopted by the City Council to implement
Program 10 of the Housing Element; provided, however, that
if such an ordinance has not been adopted prior to the
issuance of a certificate of occupancy for the project, or
if the ordinance then in effect would not permit this ap-
plicant to elect to pay a fee in lieu of the applicant's
replacement housing obligations thereunder, then the ap-
plicant shall be required to file within two (2) years
thereafter the development application(s) necessary or
appropriate to construct an additional (10) mUlti-family
housing units at a location or locations within the City
of Santa Monica. The applicant shall be required to com-
ply with all applicable provisions relating to Program 12
of the Housing Element in constructing these ten (10) ad-
ditional units. The two-year deadline for filing the ap-
plication(s) discussed herein shall automatically be ex-
tended by an amount of time of equal duration to any
moratorium on the filing of development applications for
mUlti-family dwelling units or condominiums, or a similar
measure restricting mUlti-family housing or condominium
development.
If, pursuant to the terms of this condition, the applicant
will be obligated to file an application or applications
to construct the aforementioned ten (10) dwelling units,
then, to secure the applicant's obligations hereunder, the
applicant shall, prior to the issuance of a certificate of
occupancy for its IS-unit project, be required to provide
the city with an irrevocable letter of credit, or other
acceptable security, in a form acceptable to the City, in
the amount of $320,000. The letter of credit or other
acceptable security shall be released by the City and re-
turned to this applicant immediately upon issuance of a
building permit or permits to the applicant to construct
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not less than ten (10) additional dwelling units which may
be required by this condition.
Prior to the issuance of a demolition permit for the im-
prove~ents currently existing on the subject property, the
applicant shall execute an agreement with the City and
record it against the property, setting forth the terms of
this condition; provided, however, that in lieu of record-
ing said agree~ent, or in exchange for a recorded release
of that lien against its title, the applicant may at its
election provide the City with substitute security for the
aforementioned agreement in the form of an irrevocable
letter of credit or other acceptable security in the
amount of $1,120,000, in a form standardly acceptable to
the City. The amount of such a letter of credit shall be
reduced to $320,000 upon issuance of a certificate of oc-
cupancy for the project if no ordinance to implement Pro-
gram 10 has been adopted by that date or if the ordinance
then in effect does not authorize this applicant to pay a
fee in lieu of the applicant's replacement housing obliga-
tions thereunder.
Construction
15. 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.
16. 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.
17. 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.
18. 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.
19. 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)
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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 na ture 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.
20. 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.
21- 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
22. 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 CUP Conditions
23. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
24. 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.
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25. Landscaping plans shall comply with Subchapter 5B
(Landscaping Standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
26. 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.
26. 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.
27. 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.
28. Any lofts or mezzanines 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.
Validity of Permits
29. 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.
30. 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.
31. Within 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.
32. This determination shall not become effective for a period
of fourteen days from the date of determination, or, if
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appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator.
INCLUSIONARY UNIT CONDITIONS
33. 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
Office as a part of the deed of the property to ensure
that 3 affordable unites) is (are) provided and maintained
over time and through subsequent sales of the property.
An affordable unit shall be defined as being affordable to
households with incomes not exceeding 100% of the (HOD)
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
1) 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 inc1usionary
housing requirements of Program 12 of the Housing Element
of the General Plan of the City of Santa Monica (nprogram
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.
TENTATIVE PARCEL/TRACT 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.
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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 Oizal 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 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 seq. 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 schedulinq of the Final Map for city Council
approval.
S. 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.
J.O. 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.
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VOTE
Ayes: Finkel, Genser, Abdo, Conn
Nays: Katz, Reed
Abstain:
Absent: Jennings
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.
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.
'1
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signatfife - ~ - ;l date -
Clarice Johnson, city Clerk
Please Print Name and Title
I hereby agree to the &boye conditions 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/cccpB997
1m
06/13/90
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