SR-020492-7B
7-J3
LUTM:PB:DKW:SMW:A015.pcword.plan
Council Mtg: February 4, 1992
FE B J .,,-,'"
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal of a Condition of Approval of a Planning
Commission approval of Conditional Use Permit 91-015
and Vesting Tentative Tract Map 50523 to allow the
construction of a two-story, five-unit residential
condominium project at 911 12th street in the R2 (NW)
District.
Applicant: Richard Chang & Henry Wu
Appellant: Eileen Hecht, Applicants' representative
INTRODUCTION
The Planning Commission approved Conditional Use Permit (CUP)
91-015 and Vesting Tentative Tract Map (VTTM) 50523 on December
4, 1991 to allow the construction of a two-story, five-unit
residential condominium project at 911 12th street. The
appellant is appealing the condition of approval requiring
compliance with Ordinance 1577 (CSS) (Proposition R).
This
report recommends that the city Council uphold the Planning
commission' s approval of December 4, 1991 with all conditions
intact and deny the appeal.
BACKGROUND
CUP 91-015 and VTTM 50523 were approved by the Planning
Commission on December 4, 1991 to allow the construction of a
two-story, five-unit residential condominium project (Attachment
B). The project is subject to the requirements of Ordinance 1577
(CCS) (proposition R) requiring a miniumum of 30% of the total
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five units to be provided as inclusionary affordable rental
units. The applicants' representative proposed at the Planning
Commission hearing of December 4, 1991 that Condition #43 (the
inclusionary unit condition) be revised If. . . to allow the
developer to comply with any subsequently adopted... (Proposition
R) implementation ordinance adopted prior to final map approval
of the project. II (Attachment E). The Planning Commission,
acting on the advice of the City Attorney, did not incorporate
such a condition.
Required Notification
Pursuant to Municipal Code Section 9131.5, notice of the City
council meeting was mailed to all owners and residential and
commercial tenants of property located within a 500 foot radius
of the project at least ten consecutive calendar days prior to
the City Council meeting. A copy of the notice is contained in
Attachment G.
ANALYSIS
The application for CUP 91-015 and VTTM 50523 was filed on March
15, 1991. Ordinance 1577 (CCS) was adopted on March 26, 1991 and
was retroactive to projects filed on or after March 6, 1991. The
ordinance requires that two (2) of the proposed five total units
be deed restricted as affordable rental units for the project.
Of these two units, one must be affordable to and occupied by
low-income households and the other must be affordable to and
occupied by moderate-income households.
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The proj ect was continued at the appl icant I s request several
times from the initial public hearing date of June 23, 1991. The
applicant wanted to wait for a permanent ordinance implementing
Proposition R as they felt that they had not received sufficient
notice of the applicability of Ordinance 1577 (CCS) to their
project (Attachment C, see letter dated 6/26/91). One permitted
ninety (90) day extension of the subdivision processing deadline
was sought and granted by the applicant (Attachment C, [see
letter dated 10/10/91J & D). The final deadline for subdivision
action was 12/26/91 (Attachment C) .
Appeal Issues
The applicant is appealing the condition of approval relating to
the current ordinance implementing Proposition R (Attachment A).
Planning Commission condition of approval #43 requires that one
low and one moderate-income rental unit be' provided and
maintained through subsequent sales of the property (Attachment B
& C). This satisfies the minimum 30% inclusionary rental unit
requirement of Ordinance 1577 (CCS) (Proposition R) (Attachment
G) .
The CUP and VTTM application submitted on March 15, 1991 is
subject to the 30% inclusionary rental unit requirement of
Ordinance 1577 (CCS) (Froposition R). The applicants contend
that they did not receive sufficient notice of the applicability
of the ordinance to the project (Attachment C, see letter dated
6/26/91). The city Attorney was directed by the City council on
March 5, 1991 to prepare an ordinance which prohibits filing of
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applications for market-rate residential housing until an
implementing ordinance for Proposition R was adopted by City
council (Attachment G). Exceptions include projects which fully
meet Propostion R on-site (as does this project). Both the
Planning Commission and city Council lack the authority to
approve a project which is not in compliance with existing
ordinances. In addition, the Planning Commission did not have
the authority to restrict or otherwise affect the future ability
of the City council to enact an ordinance which might or might
not be consistent with the condition requested by the applicant.
The applicant is also requesting that the $1,630.00 CUP
processing fee be waived if the application is to return to the
Planning commission for modification of the Proposition R
requirements after adoption of a permanent implementing ordinance
(Attachment A). A $1,630.00 CUP fee was paid with the original
submittal of the project. Staff does not believe that future CUP
fees should be waived, since the purpose of such fees is to
recover processing costs, which would be incurred with an
amendment application.
CONCLUSION
CUF 9l-015 and VTTM 50523 were approved by the Flanning
Commission on December 4, 1991 to allow the construction of a
five-unit residential condominium project subject to the
requirements of Ordinance 1577 (CCS). The applicant is appealing
Condition #43 relating to the ordinance, and is requesting a fee
waiver for any future applications to modify the CUP inclusionary
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bins and three times a week collection pays a bi-monthly fee of
$448.80. Under the proposed rates, this same customer would pay a
bi-monthly fee of $466.03, a 3.8% increase. Two bins with three
times per week collection equals a total of six bin loads per week.
If this commercial customer is able to increase waste diversion
efforts so that only four refuse bins are emptied per week instead
of six, they will reduce their bi-monthly refuse bill by
approximately 33 percent. since over two-thirds of Santa Monica's
solid waste is generated by the commercial sector, it is clear that
the greatest potential impact on the City's overall waste reduction
goals from financial incentives for waste diversion will be in the
commercial category.
Multi-Family Residential -- 10 Dwellinq units or Less
The proposed charge for refuse service will be a combination of a
fixed per dwelling unit fee and container rental charges as
presented below.
Per unit charge
$17.61
Per container rental charge:
40 gallon
68 gallon
95 gallon
2.00
3.00
4.00
Under the present rate structure, a seven (7) uni t apartment
building pays a fixed bi-monthly charge of $16.58 per unit, or a
bi-monthly total of $116.06. Under the proposed rate structure,
assuming that the building requires two 95 gallon trash containers,
8
ATTACHMENTS
A. Appeal form dated 12/20/91.
B. Statement of Official Action dated 12/4/91.
C. Staff Memorandum to Planning commission dated 12/4/91.
D. Letter from Staff to Richard Chang & Henry Wu dated
10/1/9l.
E. Letter from Eileen Hecht to the Flanning Commission dated
l2/4/9l.
F. Interim Ordinance ~1577 (CCS) adopted 3/26/91.
G. Notice of Development Proposal for Hearing by the city
Council on 1/28/92.
Prepared by: D. Kenyon Webster, Planning Manager
Susan White, Assistant Planner
Planning Division
Land Use and Transportation Management Oepartment
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for multi-family buildings as is proposed for single-family
properties it is predicted that certain multi-family properties
with much larger than average refuse volumes would experience great
increases in their total refuse fees. In a rent controlled
property, this rate increase would be borne primarily by the
property owner and not by the residents. Such an impact would not
induce the type of appropriate behavioral response (increased
recycling and source reduction activities) that is the at the heart
of a volume-based fee concept.
city staff is currently discussing with Rent Control Board staff
possible ways in which incentives for waste diversion can be
implemented within the context of Rent Control policies and
procedures. The concept which is proposed is similar to the pass-
through provision which was adopted by the Rent Control Board for
purposes of the city's emergency water conservation ordinance.
Ideally, any penalties or rewards which accrue to a multi-family
building based on their higher or lower trash volumes would be
allocated based on actual proportional responsibility between the
property owner and the tenants. Once such a pass-through structure
is in place, it will be possible to move to the final phase of the
City's volume-based fee structure by eliminating the fixed unit
charges for mUlti-family properties and substituting in their place
an entirely container-based rate similar to what is proposed for
commercial and single-family customers. Assuming that the adequacy
of Solid Waste Management Fund revenues from the proposed rates
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will need to be reexamined prior to July, 1993, it is hoped that
sufficient progress can be made towards a re-orientation of
financial accountability in multi-family buildings by that time
that an aggressive volume-based mUlti-family rate structure can be
proposed to Council.
Enhancements to the city's Recycling Programs
In order for the proposed volume-based rates to have their desired
effect it is imperative that the city provide programs to residents
and businesses which allow them to achieve waste diversion and
source reduction. Some of the recycling program enhancements which
have either already been implemented or are proposed in conjunction
with council action on the proposed rate structure are listed
below.
Yard Waste Composting The city has distributed
approximately 300 backyard composting containers during the
last two months and will continue to distribute additional
containers, at a subsidized cost, to interested customers;
Curbside Cardboard Collection Since December 1991,
cardboard waste has been collected as a part of the City'S
curbside recycling program;
Multi-Family Mini Recycling Zones -- Approximately 30 multi-
family buildings are now participating in on-site recycling
12
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PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 91-015,
Vesting Tentative Tract Map 50523
LOCATION: 911 12th street
APPLICANT: Richard Chang & Henry Wu
CASE PLANNER: Susan White, Assistant Planner
REQUEST: Application for a Conditional Use Permit and
Vesting Tentative Tract Map to permit the con-
struction of a two story, five unit residen-
tial building (5 condominiums) on a 7500
square foot parcel in the R2-(NW) (Low Density
Multiple Family Residential [North of wil-
shire]) Overlay Districts.
FLANNING COMMISSION ACTION
12/4/91
Date.
x
Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED:
12/18/91
12/14/91
Case #CUF 91-015
Case #VTTM 50523
EXPIRATION DATE(S) OF ANY FERMITS GRANTED:
12/18/93
12/14/93
Case #CUP 91-015
Case #VTTM 50523
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S)
3 months
Case #CUP 91-015
3 years
Case #VTTM 50523
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TEN~ATIVE TRACT ~~p 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
Nonica, in that it conforms to the provisions of the
zoning Ordinance for the R2 & North of wilshire Overlay
districts.
2. The site is physically suitable for the proposed type of
development, in that it is a standard lot, able to accomo-
date the proposed structure while providing required set-
backs, lot coverage limitations and required parking on-
site.
3. The site is physically suitable for the proposed density
of development, in that it is a parcel of 7,500 square
feet in the R2 zone and can accomodate 5 units.
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, in that the project 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
utilities are available.
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
approved the tentative tract map and taken into account
the required easements and dedications.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and compl1es with all of the applicable
provisions of the "city of Santa Jvlonica Comprehensive Land
Use and Zoning Ordinance" & North of Wilshire Overlay Dis-
trict standards, 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 this parcel is surrounded on four
sides by multi-family residential development.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the slope is not exces-
sive, all parking can be provided on-site, and adequate
open space is provided.
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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 three existing multi-family
structures are proposed to be demolished.
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 proposal will require Architectural Review Board ap-
proval to ensure that it is similar in scale to existing
and proposed development in the area.
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 the proposed use would not be detrimental to
pUblic health and safety, in that all utilities are avail-
able to the site.
7. Public access to the proposed use will be adequate, in
that the site is sufficiently served by an existing
street.
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 buildings in the area are
two and three story multi-family residential and the two
story project will require Architectural Review Board ap-
proval to ensure that it is similar in massing and place-
ment to the existing structures.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the project site
is located in a multiple residential land use element dis-
trict and complies with the applicable regulations.
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 code requirements will be enforced in the con-
struction of the building.
11. 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 r10nica Comprehensive Land Use
and Zoning Ordinance, in that these 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 area
is zoned for multi-family residential construction, and
the subject proposal conforms in height and density to the
R2 zoning and North of WilShire Overlay districts.
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CONDITIONAL USE FERMIT CONDITIONS
Plans
1. This approval is for those plans dated March 10, 1991, a
copy of which shall be maintained in the files of the City
Planning Division. Project development shall be consis-
tent 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 Farking 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 Flanning commission,
Architectural Review Board or Director of Planning.
Architectural Review Board
5. Prior to consideration of the project by the Architectural
Review Board, the applicant shall review disabled access
requirements with the Building and Safety Division and
make any necessary changes in the project design to
achieve compliance with such requirements. The Architec-
tural Review Board, in its review, shall pay particular
attention to the aesthetic, landscaping, and setback im-
pacts of any ramps or other features necessitated by ac-
cessibility requirements.
6. The Architectural Review Board shall carefully review the
project design to ensure that the building is in scale and
is compatible with the surrounding neighborhood.
7. The existing mature trees; one, 1211 and one, 1811 magnolia
(grandiflora) shall be preserved in their present location
on site, relocated to a specific location on site or re-
placed with specimen trees to the satisfaction of the Ar-
chitectural Review Board.
8. The Architectural Review Board, in its review, shall en-
sure that at least 50% of the required front yard setback
and 50% of both required side yard setbacks shall be ade-
quately landscaped.
9. A minimum of two 24" box trees shall be planted within the
front yard setback.
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10. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
11. 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.
12. Construction period signage shall be subject to the
approval of the Architectural Review Board.
13. 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.
14. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with s~n1C 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. Any rooftop
mechanical equipment shall be minimized in height and
area, and shall be located in such a way as to minimize
noise and visual impacts to surrounding properties. Un-
less otherwise approved by the Architectural Review Board,
rooftop mechanical equipment shall be located at least
five feet from the edge of the roof. Except for solar hot
water heaters, no residential water heaters shall be lo-
cated on the roof.
15. No gas or electric meters shall be located within the re-
quired front or street side yard setback areas. The Ar-
chitectural Review Board in its review shall pay particu-
lar attention to the location and screening of such
meters.
Fees
16. 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 seg.
of the Santa Monica Municipal Code.
Demolition
17. 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
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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.
18. 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) .
19. 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.
20. 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
activities at the site do not create pest control impacts
on the project neighborhood.
21. No demolition of buildings or structures built prior to
1930 shall be permitted until the end of a 3D-day review
period by the Landmarks Commission to determine whether an
application for landmark designation shall be filed. If
an application for landmark designation is filed, no de-
molition shall be approved for 90 days from receipt of a
complete application for demolition, or upon the deter-
mination by the Landmarks Commission that the application
for landmark designation does not merit formal consider-
ation, whichever is sooner.
Construction
22. 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.
23. 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.
24. 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.
25. 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
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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.
26. 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. The ap-
proved mitigation plan shall be posted on the site for the
duration of the project construction and shall be produced
upon request. As applicable, this plan shall 1) Specify
the names, addresses, telephone numbers and business
license numbers of all contractors and subcontractors as
well as the developer and architecti 2) Describe how de-
molition of any existing structures is to be accomplished;
3) Indicate where any cranes are to be located for erec-
tion/construction; 4) Describe hmv much of the pUblic
street, alleyway, or sidewalk is proposed to be used in
conjunction with construction: 5) Set forth the extent
and nature of any pile-driving operations; 6) Describe
the length and number of any tiebacks i.vhich must extend
under the property of other persons: 7) Specify the na-
ture and extent of any dewatering and its effect on any
adjacent buildings; B) 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 normally permitted hours is
proposed; 11) Describe any proposed contruction noise
mitigation measures; 12) Describe construction-period
security measures including any fencing, lighting, and
security personnel; 13) Provide a drainage plan; 14)
Provide a construction-period parking plan ",hich shall
minimize use of public streets for parking; 15) List a
designated on-site construction manager.
27. 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.
28. 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
29. 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 cUP Conditions
30. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
31. 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.
32. 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.
33. 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.
34. No fence or wall within the required front yard setback,
inclusive of any subterranean garage slab and fencing or
railing on top thereof, shall exceed a height of 42" above
actual grade of the property.
35. A security gate shall be provided acros s the opening to
the subterranean garage. I f any guest parking space is
located in the subterranean garage, the security gate
shall be equipped with an electronic or other system which
will open the gate to provide visitors with vehicular ac-
cess to the garage \vithout leaving their vehicles. The
security gate shall receive approval of the Police and
Fire Departments prior to issuance of a building permit.
Validity of Fermits
36. In the event permittee violates or fails to comply vli th
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.
37. 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,
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applicant shall not thereby waive any legal rights appli-
cant may possess regarding said conditions. The signed
statement shall be returned to the Flanning Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
38. 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. The term of approval of this permit
shall expire two years from the permit's effective date,
unless a building permit has been issued for the project
prior to the expiration date.
39. within thirty (30) days after final approval of the proj-
ect, a sign shall be posted on site stating the date and
nature of the approval. The sign shall be posted in ac-
cordance with the Zoning Administrator guidelines and
shall remain in place until a building permit is issued
for the project. The sign shall be removed promptly when
a building permit is issued for the project or upon ex-
piration of the Conditional Use Fermit.
Special Conditions
40. A minimum 51 average setback shall be provided for a mini-
mum 24% of the front building elevation prior to ARB
review.
41. Exterior building walls shall not exceed a maximum height
of 231 from average natural grade, except that portion of
the wall within any roof gable.
42. A minimum of 100 square feet of private open space shall
be provided for Unit E prior to review by the Architec-
tural Review Board.
Inclusionary Unit Condition
43. 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 Recorderls
Office as a part of the deed of the property to ensure
that two affordable units are provided and maintained over
time and through subsequent sales of the property. An
inclusionary requirement of at least thirty percent of the
total number of units, excluding any density bonus units
under state Government Code Section 65915, shall be perma-
nently affordable to and occupied by low and moderate in-
come households of ~lhich at least fifty percent (50%)
shall be affordable to households not exceeding sixty per-
cent of the (HUD) Los Angeles County median income, with
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the balance of the inclusionary units affordable to house-
holds 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 Hous-
ing Division of the Department of Community and Economic
Development. Such restrictions shall be effective for the
lifetime of the project.
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
unit(s) available to eligible tenants and 2) responsibili-
ties of the City of Santa J..1onica 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 con-
formed copy of the recorded agreement prior to approval of
the Final Map.
This provision is intended to satisfy the inclusionary
housing requirements of the Housing Element of the General
Plan of the city of Santa Monica. Developer shall satisfy
the obligations created by this Agreement by demonstrating
to the Director of Planning compliance with ordinance 1577
(CCS) 1 which provides implementation standards for this
program.
TENTATIVE TRACT }~P 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. A subdivision improvement agreement for all off site im-
provements 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. No building permit for the project will be
granted until such time as the final map is approved by
the Santa Monica City Council.
4. In submitting required materials to the Santa Monica En-
gineering Division for a final map, applicant shall pro-
vide a copy of the approved Statement of Official Action.
5. Prior to approval of the final map, Condominium Associa-
tion By-Laws (if applicable) and a Declaration of CC & R's
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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 (Sl1MC).
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 (Sm1C) 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 form, contents, accompanying data, and filing of the
final parcel map shall conform to the provisions of Sec-
tions 9350 through 9357 (SH1-fC) and the Subdivision Map
Act.
9. One mylar and one blue-line copy of the final map shall be
provided to and recorded with the Los Angeles County Re-
corder prior to issuance of any building permit for a con-
dominium project pursuant to Government Code section
66499.30. Applicant shall also provide the County with a
copy of this Statement of Official Action at the time the
required copies of the map are submitted.
10. A copy of the recorded map shall be provided to the Plan-
ning and Zoning Division before issuance of a Building
permit.
11. Pursuant to section 9366 (S1-fife), 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.
Prepared by: Susan White, Assistant Flanner
VOTE
Ayes:
Nays:
Abstain:
Absent:
Mechur, Nelson, Pyne, Rosenstein
POlhemus
Gilpin, Jlforales
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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 Frocedure 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 Planning Commission of
the City of Santa Monica.
jf:L~-
JalPh Mechur, Chairperson
rlease Print Name and Title
dlLf /7 t-
i
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.
Applicant's Signature
Print Name and Title
PCjtempstoa
Dlav: bz
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CITY PLANNING DIVISION
Land Use and Transportation Management Department
MEMORANDUM
DATE: December 4, 1991
TO: The Honorable Planning commission
FROM: Planning staff
SUBJECT: Conditional Use Permit 91-015,
Vesting Tentative Tract Map 50523
Address:
Applicant:
911 12th street
Richard Chang & Henry Wu
SUMMARY
Action: Application for a Conditional Use Permit and Vesting
Tentative Tract Map to permit the construction of a two story,
five unit residential building (5 condominiums) on a 7500 square
foot parcel in the R2-(NW) (Low Density Multiple Family Residen-
tial & North of Wilshire Overlay) Districts.
Recommendation: Approval with conditions.
Permit Streamlining Expiration Date:
~EE:t"1c.. :. /2....., (PI 1
"\ (/:....., 1,,>\ - c.. v',,. ,~\... ..!"p_
originally; September 27, 1991 & with 90 day extension;
December 26, 1991
The applicant has agreed to a 90 day extension of the Permit
streamlining Expiration Date as permitted by Santa Monica
Municipal Code, section 913l.ll and Government Code, Section
65957 for approval of Conditional Use Permit 91-015.
Subdivision Action Deadline: January 23, 1992
The applicant has agreed to a waiver of the Subdivision deadline
for action by the Planning commission on Vesting Tentative Tract
Map 50523.
SITE LOCATION AND DESCRIFTION
The subject property is a 7500 sq. ft. parcel located on the east-
side of 12th street between Idaho Avenue and Washington Avenue
having a frontage of 50 feet. Surrounding uses consist of two, 2
story mUlti-family residential structures (R2-NW) to the north, a
2 story multi-family structure (R2-NW) to the south, a 3 story
multi-family structure (R2-NW) to the east and a 3 story multi-
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family structure (R2-NW) to the west. Existing on-site uses in-
clude two, 1 story and one, 2 story multi-family structures and
two, 1 story garages. There are two (2) mature magnolia trees
(magniflora) (12" & 18" diameter) on-site.
Zoning District: R2-NW
Land Use District: Low Density Multiple Residential &
North of WilShire Overlay Districts
Parcel Area: 50' x 150' = 7500 square feet
PROJECT DESCRIPTION
The proposal is to remove three mUlti-family structures contain-
ing 3 units exempt from Rent Control with an owner-occupied ex-
emption and construct a 2 story structure of five condominiums
over a 10 space subterranean garage accessed from Twelfth Court.
The required guest space is provided within the rear yard set-
back. Project units provide a living room, dining room, and
kitchen, two bedrooms, two and one half bathrooms, mezzanine and
roof deck each.
MUNICIFAL CODE AND GENERAL PLAN CONFORMANCE
Conditions of approval are proposed to address the 23' exterior
wall height restriction, minimum open space required for Unit E,
and 50% side yard landscaping. with conditions of approval, the
proposed proj ect is consistent with the Municipal Code and in
conformity with the General Plan as shown in Attachment A.
CEQA STATUS
The project is categorically exempt per the City of Santa Monica
Guidelines for Implementation of CEQA, Class 3 (2).
RENT CONTROL STATUS
An owner-occupied exemption was granted for three (3) on-si te
multi-family rental units. The property owner has filed a Decla-
ration of Intent to Maintain Residency with the Rent Control
Board.
FEES
The project is subject to a Parks and Recreation Facilities Tax
of $200 per unit and a Condominium Facilities Tax of $1,000 per
saleable unit for a total tax of $6000.00.
BACKGROUND
There are two (2) existing mature magnolia trees (magniflora)
(12" & 18" diameter) on-site.. There are no plans to protect or
relocate the trees on-site. There is one (1) 24" diameter pine
tree and one (1) 1811 diameter Palm tree located within the
parkway.
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The applicant has proposed the construction of one, 2 story, five
unit condominium over a ten space subterranean garage. One re-
quired guest parking space is provided within the rear yard set-
back. Two story mUlti-family structures exist adjacent to the
north and south. Three story mUlti-family structures exist
across the alley and 12th street to the east and west. The ap-
plicant is proposing a structure which is 30' in height from an
average natural grade of 102.38'.
The project is subject to the requirements of Ordinance 1577
(CCS) (proposition R) which requires at least 30% of the total
number of units to be inclusionary. One low and one moderate
income rental unit are required to be provided for the project.
The applicant I s representative has objected to the timing of
Proposition R and its applicability to this project (Attachment
D). Ordinance 1577 (CCS) applies to project applications submit-
ted on or after March 6, 1991. This application for CUP 91-015
and vesting Tentative Tract Map 50523 was submitted on March 16,
1991.
ANALYSIS
Each unit provides a living room, dining room, kitchen and one
half bathroom on the first floor, two bedrooms and two full bath-
rooms on the second floor, a loft level opening to the second
floor and roof decks. Loft levels are approximately 50 to 80
square feet in area and do not exceed the maximum permitted 33 1/
3% of the bedroom areas upon which they open. Project roof decks
are setback 15' and 26' from the north and south side property
lines. The minimum required side yard setback is 7 t . One re-
quired 4' unexcavated side yard setback is provided along the
north side property line. The entire 20' front yard setback will
remain unexcavated. Electric meters and trash enclosure are lo-
cated within the rear yard setback. Gas meters are located
within the interior side yard setback as permitted.
The proposed floor plan includes a separation between the master
bedroom and a second bedrooom of the second floor for each unit.
A 5' difference in elevation between the master bedroom floor and
second floor bathroom ceiling height is proposed. Loft areas
opens to the master bedroom area.
P~rking and CirCUlation
A total of eleven parking spaces are required (2 spaces per 2
bedroom unit + 1 guest parking space per 5 units = 11 spaces).
Ten parking spaces are provided in the subterranean garage with
one guest space provided within the rear yard setback. The
City's Parking and Traffic Engineer has approved the proposed
parking and circulation layout. A 128 sq. ft. mechanical room is
situated towards the west end of the garage.
North of Wilshire Overlay Standards
Additional side yard setback requirements for the North of Wil-
shire area include a minimum 2' separation between parallel
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planes for 50% of the side building facade between 3' and 13'
above grade. The project provides a setback of 2' to 6' for 50%
of the structure along the north elevation and a 2' separation
along the south elevation from 3' to 13' above grade. A minimum
2' separation for 50% of the side building elevation between 14'
and 30' is also required with at least 50% of the side elevation
to be setback an additional average of 4'. An average additional
4' setback is provided for 50% of the north and south building
elevations between 14' and 30' in height.
Also required is an average 5' setback for 24% of the front
building elevation from grade up to 14' in height and an average
lO' setback for 30% of the front building elevation above IS' in
height. A 5 I setback for 22% of the front building elevation
from grade to 14' is provided. A minimum length of 8' must be
setback an additional 5' to provide the 24% requirement. staff
is recommending a condition to address this requirement. An ad-
ditional 140.5 square foot setback is provided for the front
building elevation over 15' in height; only 96 square feet is
required by code.
40. A minimum 5' average setback shall be provided for a mini-
mum 24% of the front building elevation prior to ARB
review.
The structure's maximum wall height is 20' at the required side
yard setback of 7' and increases to 28' towards the interior of
the site. The North of Wilshire Overlay standards specify that
building exterior walls may not exceed the maximum height for a
flat roof of 23'. The project architect's interpretation of the
maximum wall height is to avoid vertical walls beginning at grade
rising to 23' and to step wall heights towards the site interior.
This is in conflict with the code interpretation of staff and
Planning Commission. staff is recommending the following
condition:
41. Exterior building walls shall not exceed a maximum height
of 23' from average natural grade, except that portion of
the wall within any roof gable.
A roof pitch of 1 in 3 is provided as required in the North of
Wilshire Overlay standards.
A minimum of two, 24" box trees within the front yard setback and
50% landscaping for both side yards is required by the North of
Wilshire Overlay standards. The project does not provide 50%
landscaping for the east elevation side yard. Three, 24" box
trees are provided within the front yard setback. staff is
recommending the following condition:
8. The Architectural Review Board, in its review, shall en-
sure that at least 50% of the required front yard setback
and 50% of both required side yard setbacks shall be ade-
quately landscaped.
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One hundred square feet of private open space including a deck,
yard patio or combination thereof adjacent to a primary space, is
required for each unit. Over 100 square feet of private open
space is provided for Units A, B, C and D. Approximately 92
square feet of private open space is provided for Unit E. staff
is recommending the following condition:
42. A minimum of 100 square feet of private open space shall
be provided for unit E prior to review by the Architec-
tural Review Board.
Neighborhood Compatibility
The proposed 30' structure will be constructed adjacent to exist-
ing two story multi-family structures to the north and south.
The two story building facade is well articulated and provides
gradual setbacks from adjacent two story structures. Individual
unit entrances and doors leading to patio open spaces are articu-
lated along the north and south elevations. The elevations do
appear somewhat massive in height and scale in comparison to the
two story structure to the north. However, the code requirement
that the exterior walls not exceed a height of 23' will result in
the reduction or possible removal of the loft level. Such a re-
design will reduce the mass of the building to ensure its com-
patibility with surrounding structures. staff has included the
standard condition that the Architectural Review Board carefully
review the project design to ensure that the building ~s in scale
and is compatible with the surrounding neighborhood.
CONCLUSION
with the conditions addressing the 23 I exterior wall height,
minimum open space required for Unit E, 50% side yard landscap-
ing, and the minimum 24% front elevation setback, the proposed
condominium development complies with all applicable provisions
of the Zoning Ordinance and the General Plan and therefore merits
approval.
REComtENDATION
It is recommended that the Planning Commission approve Condition-
al Use Permit 91-015 and Vesting Tentative Tract Map 50523 sub-
ject to the following findings and conditions:
TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its prov1s1on 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 & North of Wilshire Overlay
districts.
.
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EXHIBIT A
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the proposal will require Architectural Review Board ap-
proval to ensure that it is similar in scale to existing
and proposed development in the area. .
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 the proposed use would not be detrimental to
public health and safety, in that all utilities are avail-
able to the site.
7. Public access to the proposed use will be adequate, in
that the site is sufficiently served by an existing
street.
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 buildings in the area are
two and three story multi-family residential and the two
story project will require Architectural Review Board ap-
proval to ensure that it is similar in massing and place-
ment to the existing structures.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the project site
is located in a multiple residential land use element dis-
trict and complies with the applicable regulations.
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 code requirements will be enforced in the con-
struction of the building.
11. 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 these 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 area
is zoned for mUlti-family residential construction, and
the subject proposal conforms in height and density to the
R2 zoning and North of Wilshire Overlay districts.
CONDITIONAL USE PERMIT CONDITIONS
Plans
1. This approval is for those plans dated March 10, 1991, a
copy of which shall be maintained in the files of the City
Planning Division. proj ect development shall be consis-
tent with such plans, except as otherwise specified in
these conditions of approval.
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INITIATIVE l\fEASURE TO BE SUBl\:IITTED DIRECTLY TO THE VOTERS
The City Attorney has prepared the following title and summary of the chief purpose and
points of the proposed measure:
[Here setfonh the tltle and summary prepared by the City Attorney. This tllle and summary must also be
pnnted across the top of each page of the pennon where signatures are to be gathered. This title and
summary must be in roman boldface type not smaller than 12-pomt.]
[Pnnted spaces for sIgnatures should appear next m substantially the followmg form. Only a person who
IS a qualified registered voter in the CIty of Santa MOnica at the tlme of SIgning the petitIOn IS entitled to
SIgn It. The number of signature lmes contamed on any page is left to the discretIOn of the person(s)
solzcuing the SIgnatures; however, each Signature space must be consecutively numbered. Note: Each
SIgnature page must contain the tItle and summary prepared by the Guy Attorney.}
Text of l.\tleasure on Previous Page(s)
All signers of this petition must be registered to vote in the City of Santa Monica
NOTICE TO THE PUBLIC
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE
GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.
Date Santa Momca RegIstered Voter Legal ResIdence OffiCial Use Onlv
SIGNATURE AS REGISTERED RESIDENCE ADDRESS ONLY
PRINT YOUR NAAiE AS REGISTERED CITY ZIP
1.
SIGNATURE AS REGISTERED RESIDENCE ADDRESS ONLY
PRINT YOUR NAME AS REGISTERED CITY ZIP
2.
[This part IS to be completed after SIgnatures have been obtamed. Each petition packet contaming a
complete SectlOn of the inmatlve must contain an affidavlt of the collector of signatures m substantially
the followmg form.]
DECLARATION OF CIRCULATOR I am regIstered to vote m the County of Los Angeles, CIty of Santa Momca, Cah-
fornIa I CIrculated thiS petltIon and WItnessed each of the appended SIgnatures on thIS petlhon bemg wntten. Each SIgnature
on thIs pehhon IS, to the best of my mformatlon and behef, the genume signature of the person whose name It purports to be
All signatures on thts document were obtamed between , 19_ and , 19_
I certify and declare under penalty of pefJury under the laws of the State of CalIfOrnIa that the foregomg IS true and correct
Executed at , CalIforma, on , 19
Signature of CIrculator
Pnnt Complete Name
ReSidence Address
City
ZIp
Page 2 of 2
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12. Construction period signage shall be subject to the
approval of the Architectural Review Board.
13. 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.
14. 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. Any rooftop
mechanical equipment shall be minimized in height and
area, and shall be located in such a way as to minimize
noise and visual impacts to surrounding properties. Un-
less otherwise approved by the Architectural Review Board,
rooftop mechanical equipment shall be located at least
five feet from the edge of the roof. Except for solar hot
water heaters, no residential water heaters shall be lo-
cated on the roof.
15. No gas or electric meters shall be located within the re-
quired front or street side yard setback areas. The Ar-
chitectural Review Board in its review shall pay particu-
lar attention to the location and screening of such
meters.
Fees
16. 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
17. 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.
18. 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 l242
(CCS).
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19. 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.
20. 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
activities at the site do not create pest control impacts
on the project neighborhood.
21. No demolition of buildings or structures built prior to
1930 shall be permitted until the end of a 30-day review
period by the Landmarks Commission to determine whether an
application for landmark designation shall be filed. If
an application for landmark designation is filed, no de-
molition shall be approved for 90 days from receipt of a
complete application for demolition, or upon the deter-
mination by the Landmarks Commission that the application
for landmark designation does not merit formal consider-
ation, whichever is sooner.
Construction
22 . 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.
23. 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.
24. 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.
25. 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.
26. 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. The ap-
proved mitigation plan shall be posted on the site for the
duration of the project construction and shall be produced
upon request. As applicable, this plan shall 1) Specify
the names, addresses, telephone numbers and business
license numbers of all contractors and subcontractors as
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well as the developer and architect; 2) Describe how de-
molition of any existing structures is to be accomplished;
3) Indicate where any cranes are to be located for erec-
tion/construction; 4) Describe how much of the pUblic
street, alleyway, or sidewalk is proposed to be used in
conj unction with construction; 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 na-
ture and extent of any dewatering 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 normally permitted hours is
proposed; ll) Describe any proposed contruction noise
mitigation measures; 12) Describe construction-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.
27. 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.
28. 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
29. 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
30. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
31. 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
.
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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.
32. 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.
33. 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.
34. No fence or wall within the required front yard setback,
inclusive of any subterranean garage slab and fencing or
railing on top thereof, shall exceed a height of 42" above
actual grade of the property.
35. A security gate shall be provided across the opening to
the subterranean garage. If any guest parking space is
located in the subterranean garage, the security gate
shall be equipped with an electronic or other system which
will open the gate to provide visitors with vehicular ac-
cess to the garage without leaving their vehicles. The
security gate shall receive approval of the Police and
Fire Departments prior to issuance of a building permit.
Validity of Permits
36. 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. ·
37. 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.
38. 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. The term of approval of this permit
shall expire two years from the permit's effective date,
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unless a building permit has been issued for the project
prior to the expiration date.
39. within thirty (30) days after final approval of the proj-
ect, a sign shall be posted on site stating the date and
nature of the approval. The sign shall be posted in ac-
cordance- with the Zoning Administrator guidelines and
shall remain in place until a building permit is issued
for the project. The sign shall be removed promptly when
a building permit is issued for the project or upon ex-
piration of the Conditional Use Permit.
Special Conditions
40. A minimum 5' average setback shall be provided for a mini-
mum 24% of the front building elevation prior to ARB
review.
41. Exterior building walls shall not exceed a maximum height
of 23' from average natural grade, except that portion of
the wall within any roof gable.
42. A minimum of 100 square feet of private open space shall
be provided for unit E prior to review by the Architec-
tural Review Board.
Inclusionary Unit Condition
43. 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 two affordable units are provided and maintained over
time and through subsequent sales of the property. An
inclusionary requirement of at least thirty percent of the
total number of units, excluding any density bonus units
under state Government Code section 65915, shall be perma-
nently affordable to and occupied by low and moderate in-
come households of which at least fifty percent (50%)
shall be affordable to households not exceeding sixty per-
cent of the (RUD) Los Angeles County median income, with
the balance of the inclusionary units affordable to house-
holds 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 Hous-
ing Division of the Department of Community and Economic
Development. Such restrictions shall be effective for the
lifetime of the project.
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
- 13 -
e
e
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 con-
formed copy of the recorded agreement prior to approval of
the Final Map.
This provision is intended to satisfy the inclusionary
housing requirements of the Housing Element of the General
Plan of the City of Santa Monica. Developer shall satisfy
the obligations created by this Agreement by demonstrating
to the Director of Planning compliance with Ordinance 1577
(CCS), which provides implementation standards for this
program.
TENTATIVE 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. A subdivision improvement agreement for all off site im-
provements 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. No building permit for the project will be
granted until such time as the final map is approved by
the Santa Monica City council.
4. In submitting required materials to the santa Monica En-
gineering Division for a final map, applicant shall pro-
vide a copy of the approved Statement of Official Action.
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 $I,OOO 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
- 14 -
e
e
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 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. One mylar and one blue-line copy of the final map shall be
provided to and recorded with the Los Angeles County Re-
corder prior to issuance of any building permit for a con-
dominium project pursuant to Government Code Section
66499.30. Applicant shall also provide the County with a
copy of this statement of Official Action at the time the
required copies of the map are submitted.
10. A copy of the recorded map shall be provided to the Plan-
ning and Zoning Division before issuance of a Building
permit.
11. 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.
Prepared by: Susan White, Assistant Planner
Attachments:
A. Municipal Code and General Plan Conformance
B. Statistical Information Sheet
C. Letter from Richard Chang to staff dated 9/5/91.
D. Letter from Eileen Hecht to Paul Berlant dated 6/26/9l.
E. Letter from Richard Chang to Staff dated 10/10/91.
F. Radius and Location Map
G. Letters in Support and Protest of Project
H. Photographs of site and Surrounding Properties
I. Plot Plan, Floor Plans and Elevations
pc/p911
SMW
11/26/91
- 15 -
e
ATTACHMENT A
e
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Category
Fermitted Use
Moratorium
status
Land Use
Element
Multi-
family
Resid.
Municipal Code
MUlti-family
Residential.
project
MUlti-family
Residential.
Subject to Ordinance 1577, (6-month moratorium)
Dwelling units 1/1500
sq. ft.
parcel
area.
Height of Building 30'
Number of Stories 2
Height of Walls,
Fences N/A
Setbacks
Front yard
Sideyard
Rearyard
Projections Into
Yards
Lot Coverage
Parking
Access
NIA
NIA
N/A
N/A
N/A
Alley
access is
encouraged
when alley
exists.
Parking Space Number N/A
7,500/1500 sq.ft.
= 5 units.
30', pitched roof,
23' maximum wall
height,
1: 3 roof slope
2
3.5' max. height,
f.y., 6.0' max.
height s.y. & r.y.
20'
7'
15'
5 units
30', pitched roof
20' to 28' maximum
wall height,
1: 3 roof slope.
2
6.0' s.y.
gate & wall.
20'
7 '
15 ' ( inc.
alley)
1/2
No projection may None proposed.
extend closer than
4' to any property
line.
50% 50%
Alley access is
required when
alley exists, with
exceptions per
sections 9044.8-9.
Alley access
provided.
11 spaces required 11 spaces provided
- l6 -
.e
Trash Area
Mechanical Equip.
Screening
Front yard
Landscaping
Sideyard
Landscaping
Unexcavated
Sideyard
North of Wilsire
Private Open Space
Inclusionary
Units/Fee
N/A
N/A
MIA
N/A
N/A
N/A
Trash enclosure
with minimum 5-8'
solid walls and
gate is required.
Mechanical equip-
ment extending more
than l211 above roof
parapet shall be
fully screened from
a horizontal plane.
50% of f.y. setback
to be landscaped.
50% of both req.
side yard setbacks.
1, 4' unexcavated
s.y. required for
parcel 50' wide.
100 sq. ft. per
unit.
e
Trash enclosure
at rear; details
to be provided
prior to ARB
review.
Mech. equip.
details to be
provided prior
to ARB review.
Project complies.
50% landscaping
provided for one
side yard setback.
50% of both s.y.
setbacks to be
lan4scape4 per N
of W overlay
standards.
Project complies.
unit A -100 sq. ft.
Unit B -100 sq. ft.
Unit C -100 sq. ft.
Unit D -100 sq. ft.
Unit E - 92 sq. ft.
(As conditioned,
project complies)
2 inclusionary units (1 low' 1
mo4erate income rental units required
per ordinance 1577)
- 17 -
.
.
CUP AND VESTING TEKTATIVE TRACT 50523
for constructlon of flve resldentlal condoffi1n1um unlts
911 12th Street, Santa Mon1ca
STATISTICAL INFORMATION SHEET
NUMBER OF UNITS: 5
SIZE: Total: 7297 sf
A: 1519 sf
B: 1474 sf
C: 1474 sf
D: 1445 sf
E. 1385 sf
'.
LOT COVERAGE:
49.8%
LANDSCAPING:
Drought tolerant open space and provate open
space deslgned by local landscape architect
13.7%
ESTIMATED SELLING PRICE: $500,000, approxlmately; thlS 18 an estlmate
only as the real estate and constructlon market could change
drastlcally during the development phase
B
.
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September 5 l 1991
Ms Susan WhIte
CIty Planmng DivisIOn
1685 MaIn Street, Room 212
Santa Momca, Cahforma 90401-3295
Re: 911 12th Street, VITM 50523, CUP-91-015
Dear Ms. WhIte'
I agree to a 50 day extentton of the SubdivIsIon Strearn1me deadhne for processmg the
above referenced project beyond the ongmal Sept. 27, 1991 explratton date.
If you have any questions please contact Eileen Hecht at 453-1888 ext. 327.
t:l :~ I / ~
F U r.1Tt U 1.J7-;/.---- O/lLl.Je.y
Very truly youryt ,
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Robert A. Freeman
912 12th street, #6
Santa Monica, CA 90403
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June 24, 1991
City of Santa Monica
Planning Division, Room 111
1685 Main street
Santa Monica, CA 90401
Attn: Susan White
RE: Conditional Use Permit 91-015
Gentlemen:
Please be advised that I am a resident of 912 12th street, Santa
Monica, CA 90403. I have received an official notice with regard
to the applicant Richard Chang & Henry Wu, for the development
North of Wilshire.
I have no objection to the said development. However, since this
development is taking place in a strict residential zone, it is
respectively requested that the City of Santa Monica exercise its
discretionary power in not permitting any construction to start
sooner than 8:00 AM. It is my understanding that if this request
and prohibition is not made, all construction will start at 7:00
AM. This is much too early in a 100% residential area.
sideration and attention to this matter.
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June
18. 1991
Plann1ng D1v1s10nt Room 111
1685 Ma1n Street
Santa Mon1ca. CA 90401
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Dear Ms. Wh1te:
I am wr1t1ng regard~ng Condit10nal Use Perm1t 91-015 which
1S an appl1cat10n for the construct10n of a 2 story w1th lofts,
f1ve un1t res1dent1al condomin1um at 911 12th Street.
I am a res1dent on the 900 block of Euclid Street, d1rectlv
beh1nd the proposed bU1lding site. I am wr1ting to oppose the
bU1ld1ng of another condomin1um bU1ld1ng in th1s area. My
opposit1on stems from the following factors:
1) The area already has many mare condominium and
apartment dwel11ngs than the small res1dent1al street
can manage. The addition of f1ve res1dences w111 add
to park1ng and driving congest1on in this area.
2) I am extremely concerned about the influx of day
workers and "food trucks" which frequent build1ng
sites. Often construction 11legally beg1ns before 7:00
am, and these trucks, wh1ch are a nU1sance both due to
n01ce and odors they em1t, often preceed the workers
schedules by as much as 20 m1nutes. Th1s means, 1n
pract1cal terms, that residents 1n th1s area can expect
to be awoken shortly after 6:30 a.m., Monday through
Saturday, to the sound of food truck horns, trucks
carrY1ng materlals In and out, and workers who remaln
on street corners or ~n cars awa1t1ng the time when
they can begin work.
3) Many resldents in th1S area~ myself 1ncluded, enjoy
outdoor actlvitles such as walk1ng, Jogging, runnlng,
and b1cyc11ng on th1S street. I wish to call attent10n
to the fact that women who engage 1M these activit1es
are often verbally harassed by workers at construction
sites. Thus, a block wh1ch has been cons1dered "safe"
for women 1S 1n danger of becomlng an unpleasant and
perhaps frighten1ng atmosphere with the addlt10n of
sk1lled and unsk11led laborers to the area.
In sum, I do not believe that convert1ng the current
dwelllng 1nto a f1ve-un1t condomln1um 15 1n the best interests of
the res1dents livlng In the lrnmed1ate surround1ng. Although lt
may br1ng flnanclal ga1n to the perm1t's applicants, who most
11kely do not live in the area, it can only bring annoyance,
n01se, trans1ent workers and potent1al danger for the res1dents.
both male and female~ who already live here.
Thank you for cons~derlng these comments.
<2,
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Dr. B. H. Wolkenste1n
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PAUL C. DESANTIS
~
PAUL C DESANTlSw
SALLYANN L MOLLOYh
3002 SANTA MONICA BOULEVARD. SUITE C
SANTA MONICA. CALIFORNIA 90404-2506
TELEPHONE (213) 453.1888 TELECOP1ER (213) 829 1476
OF COUNSEL
'P"ALSO ME~BER OF" ....EW YORK 6-4P
"""'ALSO ME\l'IBER O~ DiE '\I NSV';..'iA NIA BAR
""ALLEy KOFFMAN AND MESHEK
June 26, 1991
LINN01
Mr. Paul Berlant
Director of Planning
City Planning Division
1685 Main Street, Room 212
Santa Monica, California 90401-3295
I]. I
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Re. 911 12th Street: CUP 91-01S. VITM 50532
Dear Mr. Berlant.
Thank you for agreeing to meet with me and Councilmember Katz to discuss this
project's claim for exclusion from the Prop R implementation requirement. I am enclosing
the relevant documents that mIght be helpful in our July 3 discussions.
Enclosed you will fmd;
1. the architect's version of the chronology of events
2. planning commISSIOn staff report sheets 1 (cover sheet with recommendation),12 and 3
(mclusionary unit language)
3. planning department projects list showing only 2 development applicatIons WIth filing
dates between March 6 and March 25
4. Planning Department correspondence showing the project's IIfilmg" date and "deemed
complete" date
5. copies of the "adoption date" and "applicabIlity date" of Prop R enabling Ordinance.
If you have any questions, or need any additional information, I can be reached at 453-1888
ext. 327.
Thanks again.
t::'
Mr. Paul Berlant
June 26t 1991
Page - 2
Enclosures
cc: Mon - Wei Lin
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Very truly yours,
.. " j /::./< / ' <:::
-; ---'_ - -c'--c--t/'J ; ,/if-....;~- i/ '.-/
Eileen Hecht
Project Coordinator
17
It
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Xr-E~J
Memorandum
To:
Paul Berlant
From:
Eileen
Subject:
911 12th Street. CUP 91-015, VITM 50523, chronology
Date:
June 26, 1991
Architects: LEE . YANG, 3711 Long Beach Boulevard, Suite 423, Long Beach, CA 90807
10/10/90
12/19/91
1/2/91
- 1/25/91
2/6/91
2/20/91
FeaSIbIlIty studies.
Verified zoning requirements and application procedures with Planning
Department.
Design development.
FlOal design, landscape plans.
Over-the-counter reVIew of all plans for project by Parking and TraffIc
Engineer, Engineering Department, and City Planning Department.
2/21/91
- 3/7/91
3/11/91
Prepare submission materials.
ReceIved Parking and Traffic stamped approval.
Received Engineering Department stamped approval.
Informed for first time of Prop R issue. Planner at Planning Counter
confirmed upcommimg ordinance, stated no cut-ofT date set.
3/13/91 submissIOn ready for filing.
3/15/91 project application accepted for tiling by Planning Department. It IS
my understandmg that no mention was made of Prop R at this point, in fact, no further
mention was made of Prop R until the staff report for the public hearing was prepared and
the applicant was informed that compliance with Prop R would be a condition of approval.
3/25/91
3/27/91
letter from project planner Susan White requesting addition of average
natural grade computation for each elevation and cross section.
Project "deemed complete".
The applIcant and his architect have been dIligently working on this project since early
October of 1990. Both the architectural and legal firms involved with this project (up to the
preparation of the staff report) are located In Long Beach. They had no knowledge of
possible changes to the code until 4 days before they filed their plans. They relied on
t7
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informatlOn gIven to them by the Santa Monica City staff and had no reason to believe that
theIr plans were not in conformance with the local codes and requirements.
This application was flIed nearly two weeks prior to the actual adoption of the Interim Prop
R Implementation Ordinance. This project complies with the codes in effect at the time the
application was submitted and should be exempted from the requirement to comply with
provisions of an ordinance that was subsequently enacted.
The only other applIcation that was caught in this no man's land is a 4 urnt project at 1457
Berkeley filed on March 18. We do not know the specifics of that case, but are merely
pointing out that there are only 2 developments totalling 9 urnts in the entire City that are
affected In this way.
lmclhk.eh
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CITY PLANNING DIVISION
Land Cse and Transportation Management Department
M E M 0 RAN DUM
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~~e ~cnorab~e ?la~~l~g Cornmiss~on
=~C-i"!: ?lar:r:::1g S-:.a::
SC3~~C~: CQr.d:~lor.a: ~se ?e~~:~ 91-015,
~es~:r.g =e~~a~~ve T~ac~ Map 50523
Address: 911 12t~ S~reet
Appl:cant: R~chard C~ang & Henry Wu
5 CH!1AR Y.
Act1on: Application for a Conditional Use Permit and Vesting
I'entat1ve Tract Map to permit the construction of a two story,
five unit residential building (5 condominiums) on a 7500 square
foot parcel 1n the R2-(NW) (Low Density MUltiple Family Residen-
tial & North of Wilshire Overlay) Districts.
Reco~uendation: Approval with conditions.
Permit streamlining Expiration Date:, September 27, 1991
Subdivision Action Deadline: July 25, 1991
SITE LOCATION AND DESCRIPTION
The SUbject property is a 7500 sq. ft. parcel located on the east-
side of 12th Steet between Idaho Avenue and Washington Avenue
having a frontage of 50 feet. surrounding uses consist of two, 2
story mUlti-family residential structure (R2-NW) to the north, a
2 story multi-family structures (R2-NW) to the south, a 3 story
mUlti-family structure (R2-NW) to the east and a 3 story multi-
family structure (R2-NW) to the west. Existing on-site uses in-
clude two, 1 story and one, 2 story mUlti-family structures and
two, 1 story garages. There are two (2) mature magnolia trees
(magniflora) (12" & 18" diamet;er) on-site.
Zoning District: R2-(NW)
Land Use District: Low Density Multiple Residential &
North of Wilshire Overlay Districts
Parcel Area: 50' x 150' = 7500 square feet
- 1 -
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=pp_:=a~~ s~a:: ~ct ~~e~e~y Na~Ve a~y legal r~g~ts ~;~~~-
==~'t -2.1" ;;sssess :.-ega.::-"d:':lg sa~d CC::dl t:=.~s. :-:1e s:"S':1ed.
S~ate~e~~ s~a~~ te ~e~~r~ed to t~e ?la~~1~g ~:V:S:O~I
r=. ~l...:re -:-:J cC!"1pl:l T-N.:' ~r: -:'~15 cord ~ t :cn sha: 1 co:'s~:. ~'..l~e
g~o~nd5 :8r pcte~~:a: per~~~ ~evccat:o~.
~~lS de~er~:~at~en shall not become effectlve ::o~ a perlee
0:: :o',lr"Ceer: days from the date of deter:nl:latl..On, or, :.::
appealed, ~n~ll d flnal determ~r.ation 15 ~ade on ~he ap-
pea:. ~r.y appeal ~ust ~e made lD tr.e form requi~ed by ~~e
ZOr.l~g Ad~ir.istrator. The term of approval of th:s per~lt
shal: exp:re two years fro~ the ?er~ltfs effective date,
~nless a bUlld~ng per~it has been Issued fer t~e p=oJec~
pr:or to ~he expl~a~~on date.
~it~l~ ~hl=ty (30) days after fi~al approval 0: ~~e ;roJ-
ect, a 51gn shall be posted on slte stating ~he date and
na~~re of the approval. the sign shall be posted in ac-
corda~ce w~~h ~he zoning Ad~in~strator guidel1nes and
shal: :-eT"'a:.n :n place until a buildlng perm:.t. is 1ssued
for the proJect. The sign shall be removed promptly when
a building permit is issued for the proJect or ~pon ex-
piration of the Condit~onal Use Permit.
Special Conditions
40. Exterior building walls shall not exceed a maximum height
of 23' from average natural grade.
41. A minimum of 100 square feet of private open space shall
be provl.ded for Unit E prior to review by the Architec-
tural Review Board.
Inclusionary Unit Condition
42. The developer sha':'':' 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 two affordable units(s) is (are) provided and main-
tained over time and through subsequent sales of the prop-
erty. An inclusionary requirement of at least thirty per-
cent of the total number of units, excluding any density
bonus units under State Government Code section 65915,
shall be permanently affordable to and occupied by low and
moderate income households of which at least fifty percent
(50%) shall be affordable to households not exceeding six-
ty percent of the (HOD) Los Angeles County median income,
with the balance of the inclusionary units 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
- 12 -
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:::".:'5 agreeme:-t 5ha~~ ~e exec'..:.:.ed 3..:-.c. ~ecc~ded p~lC~ t.c.
apF:::,o';al of -:::e F i~ a~ ~'~ap. 5:.:c.'1 agree~er:.:: shal ~ specJ.. fy
_) ~espc~s~b:l~~les 8f ~~e deve:oper fo~ ~a<1ng ~~e
~r:.:":(5) avallab:e to e::g:o:e -:er:.ant.s a~d 2) ;::,espcns:~lll-
:: :.es 0: the Cl t:y of Sa::ta ~1cn:ca to prepare appl~cat 10:-
=c~~s for poter.tlal tenants, establ:sh C:::'l~e~:a fo~
q~al:=:=a"::o~s, and ~or.:::o~ co~p:~ance Wl~~ ~ne prov:s:o~s
of t::e agree::"iell"':.
O~ner sha:l p:::'ovlde t~e C:~y P!a~nlr:.g C:v~slon wlt~ a con-
formed copy of ~he recorded agree~en:: p~:or to approval c:
:.l:e Fl:lal l1ap.
:-:::'5 p:::,ovis.:::::: :5 ::-:tenc.ed -:'0 sat:.sfy the .:.r:.c:l..:s:.or:.ary
::C~Sl:lg ;::,eq~:;::,emen::s of t~e Eo~s:ng Ele~en~ of the Gene;::,al
Plan of the City of Santa ~onica. Developer shall satisfy
the obligations created by this Agreement by demonstratlng
to the Director of ?lanni~g compliance W~~~ Ord~nanca 1577
(CCS) , which provides iiT'.ple!1e~tation s-:andards for this
program.
TENTATIVE TRACT MAP CONDITIONS
1. All off sita 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. A sUbdivision improvement agreement for all off site im-
provements 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. No building permit for the project will be
granted until such time as the final map is approved by
the santa Monica city Council. -
4. In submitting required materials to the Santa Monica En-
gineering Division for a final map, applicant shall pro-
vide a copy of the approved Statement of Official Action.
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 I s shall contain a non-discrimination clause as
presented in section 9392 (SMMC) and in the case of con-
dominiums, contain 5uch provisions as are required by Sec-
tion 9122E (SMMC).
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C~P 91-011, ~?M 50553
2333 Oak Street
5 t:'nit Condo
F~led 2/25/91
CVF 91-012, VTTM 50246
1138-1144 Yale Street
9 Unit Condo
F~led 3/4/91
I ."
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Te:::-ry Moore
(213) 396-3228
(818) 593-5570
Nancy Me Cord
Susan stark
Gary Safronoff
828-2:249
CUP 91-013, VTTY1 50580 Hen~y Yarma~k
1142 18th Street 454-7825
5 Gnit Condo
F~led 3/5/91
7?
cuP 91-015, VTTM 50523
911 12th Street
5 Unit Condo
Filed 3/15/91
CUP 91-016, VTPM 22787
1457 Berkeley Street
4 Unit Condo
Filed 3/18/91
WPM 90-001,
VAR 90-039
2039-2045 11th Street
Lot Line Adjustment
Torca Cases
TPC 150
2021 Cloverfield
TPC 134
638 Hill street
TPC 147
l62l-25 centinela
TPC 148
2331 28th street
TPC 149
2247 20th Street
TPC 151
2249 20th street
Richard Chang
Elizabeth Srour
372-8433
Leo & Mar~an Orr
R. Nikkhessal
(213) 820-3313
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6/5
(Budd ey )
Cont to 5/8
(White)
Cent to 5/8
(A.-nbo)
6/5
(Wh~ te)
Continued
(Martin)
Continued
(Whi tel
6/5
(Buckley)
6/5
(Buckley)
6/5
(Buckley)
6/5
(Buckley)
6/5
(White)
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c..ty Dlennl1"'g DIVISion
2 , 3 \ 4.S8-8341
~ 6eS Main S~'ee~
Sarta "A~-r:.a CA gC~4i)~ ..2295
~arch 25. 199:
Richard Chang & Henry ~.;u
9!l l:'"':.h st~e~t
San~a Xc~ica, Ca 9040
Re: 911 12th St~eetiCondi~ional ~ se ?er~i~ 91-015/V~stij;g
Te~tative Tract Ma~ #50523
De~~ ~:r. Chang:
Your preli~inary sub~ittal of an application for c:nditio~~~ ry~~
Pe~it 91-015 T,a/ith acco!!l.panyl~g d2.ta and "€?orts f{ r property
located at 911 12th Street has been reviewe~ for co~pleteness and
is he~~by deemed inco~plete !or ~ili~g.
The followi~g items are missing or inadequate and must be
submitted, completed and/or corrected as appropriate, before
processing of your application m~y proce~d.
Show the height of the struc;ure fro: average nat~ral grada
for each building elevation d~d cross-section.
Pursuant to M~nicipal Code ~actic'1 9130.:; (f), if tne :",':..ssing or
incomplete items are not providea within 30 days, your
application will be deemed. withd~d.wn and will not be processed
further.
Please contac~ me at (213) 458-8~1~ for detai1s or clarification.
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SANTA
MONICA
City Planning DIvIsion
(213) 458-8341
1685 Main Street
Santa MOnica. CA 90401-3295
March 27, 1991
Richard Chang & Henry Wu
911 12th Street
Santa Monica, CA 90401
Re: 911 12th Street/ Conditional Use Permit 91-015/
Vesting Tentative Tract Map 50523
Dear Mr. Chang & Mr. Wu:
The above referenced application is hereby deemed complete and
accepted tor filing by the Santa Monica city Planning Division
effective this date. This acceptance applies only to the
specific project as defined by:
Your preliminary application received: 3/15/91
Supplementary information received: 3/15/91
Project plan received: 3/15/91
Pursuant to Chapter 4.5, Section 65950 of the California
Government Code, the City of Santa Monica has six months from th~
date of this letter to take final action on your proposed
project, including any appeal periods. The required aign
no~ifyin9 the public of ~he he.rinq da~e of ~his project must be
poa~.d wi~hin 30 dty. of the date ot this letter and a ainiaua ot
10 day. prior to the Planning Commission hearing date, .a .tated
in the application. The aiqn muat ram. in in place ~hrouqh the
.nd of ~he appeal period or until the final de~ermin.tion of the
oa.e. If tbe b..rinq date ia ohanqed, oancelled or otbervi.e
re.cheduLed, ~h. new h..ring date au.t be placed OD tbe .iqn .~
le..t 10 days prior to the new hearinq date.
Please let me know if you modify any aspect of your project while
it is being processed. This acceptance of your application
notwithstanding, the City reserves the riqht to determine whether
any sub~equent project revision or combination of modifications
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(such as a change in the project concept, scope, height, floor
area, uses, parking requirements, circulation pattern, points of
ingress and egress, location, etc.) represents a potential for
environmental impacts or are significant in any other respect.
A significant change in the project or a series of cumulative
change MAY necessitate the filing of a new application or an
amended application which will be subject to a staff review for
completeness and acceptance. Should this be required, the new or
amended application shall be subject to new processing time
limits as established in the California Government Code, Section
65950.
Please be advised that no demolition of any buildings or
structures built prior to 1930 shall be permitted until the end
of a 3o-day review period by the Landmarks Commission to
determine whether a landmark designation merits formal
consideration, per Code section 9048.1. This information is
meant to provide assistance in the scheduling of your project and
should not be interpreted to be comprehensive in nature. ThGre
may be other requirements to fulfill prior to issuance of a
demolition permit.
Please contact me at (2l3) 458-8341 if you have any questions.
~e;:~L~
S~~ White
Assistant Planner
cc: Elizabeth Srour
Norman Yang
Joseph Guimera
SMW
PC/dm911
03/27/91
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October 10, 1991
Ms. Susan Wh~te
Clty Plann~ng D~Vls~on
1685 Ma~n St., P.O.Box 2200
Santa Mon~ca, CA 90407-2200
SUBJECT: 911 12th st./ Perm~t Streamllnlng Expiratlon Date
for CUP 91-015 & Subdivlslon Tlme Llffilt for Vestlng
Tentatlve Tract Map 50523.
Dear Susan:
In response to your letter dated 10/01/91, we agreed to the
90 days extenSlon for the Condltlonal Use Perffi~t 91-015. The
new expiratlon date wlll be February 14, 1992 as stated ~n
your letter.
We also accept the wa~ver of the Subdlvlslon deadllne for
actlon by the Plannlng Comffi~SSlon on the Tentat~ve Tract Map
50523.
s~nc1felY/ Jl
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Rlcha-!d Chang
91 1 12th S t.
Santa Monica, CA 90405
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PAUL C. DESANTIS
PAUL C DESANTIS'"
SALLYANN L MOLLOY
"ALSO MEMBER OF I\IEW YORK BAR
3002 SANTA MONICA BOULEVARD, SUITE C
SANTA MONICA. CALIFORNIA 90404-2506
TELEPHONE (213) 453 1888 TELECOPIER (213) 829-1476
OF COUNSEL
MALLEY KOFFMAN AND MESHEK
SANTA MONICA CALlFORI\IIA
December 4, 1991
Members of the Santa MoOlca Planning CommissIOn
City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CalifornIa 90401-3295
Re: Item 10 B: CUP 91-015 VTIM 50523, 911 12th Street
Dear CommissiOner:
Last night the CIty Council directed the CIty Attorney to prepare an ordinance
implementing Proposition R's 30% affordable inclusionary requirement for residential
development. The proposed ordinance WIll be available for public comment in January and
is scheduled for first readIng and adoption by the Councll in early February.
This ordInance, when adopted, WIll replace Interim OrdInance 1577 referenced In the
condItions of approval for this project The proposed ordinance may contaIn compliance
optlons that are not available m Ordmance 1577. We respectfully request that CondItion 4j.
be revised to allow the developer of thIS project to comply WIth any subsequently adopted
Prop R implementation ordinance adopted prior to the final map approval of tlns project.
We have discussed this Issue WIth Susan White, the case planner for the project, and with
Kenyon Webster. Both have agreed that thIS IS an appropnate way of handling this 5 uOlt
project.
We request that the Planning Commission replace the final paragraph of condIhon
number 4~ on page 13 with the revised language below.
The City is contemplating adopting an ordinance implementing Proposition R's
affordable inclusionary requirement for residential construction. At the
applicant's discretion, in the event that an ordinance implementing Proposition
R is adopted by the City Council prior to the approval of the Final Map. the
requirements of such implementing ordinance shall supersede this condition and
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compliance by the Developer with applicable provisions and options contained
in any such superseding ordinance shall constitute compliance with this
condition.
This provision is intended to satisfy lhe inclusionary housing requirements of the
Housing Element of the General Plan of the City of Santa Monica. Developer
shall satisfy this obligation by demonstrating to the Director of Planning
compliance with Ordinance 1577 (CCS) or superseding ordinance which
provides implementation standnrds for this program.
We thank you for your conSIderatIon of this matter.
Very truly yours,
~~/~~
Eileen Hecht
Planning Coordmator
CC Mr. Paul Berlant, Planning Director
Mr. Kenyon Webster, Principal Planner
Ms. Mary Strobel, Deputy City Attorney
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c~ty Counc~l Meet~nq 3-26-91
Santa Monica, Cal~fornia
ORDINANCE NUMBER 1577 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A SIX-MONTH
MORATORIUM ON MULTIFAMILY RESIDENTIAL DEVELOPMENT
WITH CERTAIN EXEMFTIONS IN ORDER TO
COMPLY WITH PROPOSITION R AND DECLARING THE PRESENCE
OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds
and declares:
(a) On November 6, 1990, the voters of the City of Santa
Monica approved Propositl.on R, adding Section 630 to the City
Charter to read as follows:
The City Council by Ordinance shall at all
tl.mes require that not less than thirty
percent (30t) of all multifamily-residential
housing newly constructed in the City on an
annual basis is permanently affordable to and
occupied
by
low
and
moderate
income
households.
For purposes of this section,
"low income household" means a household with
an income not exceedl.ng sixty percent (60%)
of the Los Angeles County median income,
adjusted by family Sl.ze, as published from
time to time by the united states Department
- 445 -
F
of
Housing and Urban
Development,
and
"moderate 1ncome household" means a household
with an income not exceeding one hundred
percent (100%) of the Los Angeles County
median income, adjusted by family size, as
published from time to time by the United
states Department of Housing and Urban
Development. At least fifty percent (50%) of
the newly constructed uni ts required to be
permanently affordable by this Section shall
be affordable to and occupied by low income
households.
(b) On December 29, 1990, the City publ1shed notice that on
January 8, 1991, the City Counc1l would consider issues relating
to the implementation of Proposition R including whether the
th1rty percent (30%) requirement of Proposition R could be met on
site or off site, whether an in-lieu fee would be permitted, and
whether the thirty percent (30%) requirement had to be met on a
project by project basis. This notice also provided that at the
January 8, 1991 meeting, the City Council would consider
directing staff to prepare an ordinance to implement Proposition
R.
(e)
City staff prepared a staff report for the January 8,
.
1991 City council meeting identifying the issues that had to be
addressed as part of the implementation of Proposition R,
suggesting a process for obtaining public input, presenting City
staff's resolution of issues raised by Proposition R's
- 446 -
implementat~on, and recommending that staff be directed to
prepare an ordinance implementing Proposition R.
(d) At its January 8, 1991 meeting, the City Council
directed staff to prepare an ordinance implementing Proposition R
and to return the ordinance to the City council on February 26,
1991.
(e) The Santa Monica Planning Commission, as well as other
groups in the community, believed the schedule for the return of
the ordinance did not provide opportunities for adequate review
of various alternative strategies for implementing Proposition R.
(f) At its meeting on February 19, 1991, the City Council
decided to recons~der whether an ordinance should be prepared and
scheduled for its next regular meeting a general discussion of
implementing strategies.
(g) On March 5, 1991, the City Council directed the City
Attorney to prepare an ordinance prohibiting the filing of
applications for market-rate residential housing until such time
as the Council adopts an ordinance implementing Proposition R
excepting from the prohibition any project in which thirty
percent (30%) of the units constructed on site are available to
low and moderate income persons as provided for in Proposition R.
(h) The following ordinance is necessary to enable the City
to meet the requirements of Proposition R. Proposition R
mandates that on an annual basis not less than 30% of all
multifamily residential housing newly constructed in the City be
permanently affordable to low and moderate income households.
Historically, multifamily residential housing developed in the
City has fallen far short of this 30% requirement. This trend
- 447 -
continues to date. Thus, unless this emergency moratorium is
enacted, and only projects providing 30% affordable housing
cons1stent with Proposition R are exempted, the City w1l1 not be
able to meet the mandate of Froposition R. This ordinance
ensures that the City will comply with Proposition R while
studying approaches for long-term implementation of the measure.
SECTION 2. Moratorium.
(a) Subject to the exemptions set forth in Section 3 of
this Ordinance, a moratorium is hereby placed on the acceptance
for processing of any applications for approval of tentative
tract maps, tentative parcel maps, administrative approvals,
development review permits, conditional use permits, or any other
City permits for the erection, construction, moving, and
excavat10n and grading for, any multi-family residential
building or structure.
(b) Subject to the exemptions set forth in Section J of
this Ordinance, the Planning Commission and City staff are hereby
directed to disapprove all applications filed after March 5,
1991, for approval of tentative tract maps, tentative parcel
maps, administrative approvals, development review permits,
conditional use permits, or any other city permits for the
erection, construction, moving, and excavation and grading for,
any multi-family building or structure.
SECTION J. Exemptions. The following applications are
exempt from the provisions of Section 2 of this Ordinance:
(a) Applications for approval of permits involving the
erection, construction, enlargement, demolition, or moving of,
- 448 -
and excavation and grading for any multiple dwelling development
intended for rental housing for persons of loW' and moderate
income or for senior citizens, and which development is financed
by any federal, state or City housing assistance program or owned
by any non-profit organization, provided a deed restriction is
recorded restricting the development to such purpose.
(b) Applications for approval of permits involving the
rehabilitation or enlargement of existing dwelling units.
(e) Applications for projects filed prior to March 6, 1991.
(d) Applications for approval of permits involving the
construction and excavation and grading for, projects where the
following requirements are met:
(1) The applicant proposes that thirty percent (30%)
of the total number units to be constructed on site by the
applicant, excluding any density bonus units the applicant is
entitled to under Government Code section 65915, shall be
permanently affordable to and occupied by low and moderate income
households as provided for in this subsection.
(2) For purposes of this subsection, "low income
household" means a household with an income not exceeding sixty
percent (60%) of the Los Angeles County median income, adjusted
by family size, as published from time to time by the united
states Department of Housing and Urban Development, and "moderate
income household" means a household with an income not exceeding
one hundred percent (100%) of the Los Angeles County median
income, adjusted by family size, as published from time to time
by the United states Department of Housing and Urban Development.
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(3) At least fifty percent (50\) of the newly
constructed units required to be permanently affordable by this
subsection shall be affordable to and occupied by low income
households.
(4) The provis~ons of Municipal Code Section 9423(b),
(c) , (d) , (e), and (f), Municipal Code Section 9427, and
Municipal Code section 9428 shall be complied with as to such
inclusionary units.
(5) Prior to the ~ssuance of a building permit for a
project exempt under thlS subsection, the applicant shall submit
deed restrictions or other legal instruments setting forth the
obligations of the applicant under this subsection for City
review and approval. Such restrlctions shall be effective for
the lifetime of the project.
(6) The requirements of this subsection shall be made
conditions to the approval of any application filed pursuant to
this subsection.
SECTION 4. This Ordinance shall be of no further force and
effect six months from its adoption.
SECTION 5. This ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica City Charter. It is necessary for preserving the
public peace, health and safety, and the urgency for its adoption
is set forth in the findings above.
SECTION 6. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
- 450 -
Ordinance, to the extent of such inconsistencies and not further,
are hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ord1nance would be subsequently declared
invalid or unconstitutional.
SECTION 8. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within lS days after its adoption. This Ordinance shall become
effective upon adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
- 451 -
Adopted and approved this 26th day of March, 1991.
ii, dr-' b
pI Mayor
I hereby certify that the foregoing Ordinance No. lS77(CCS)
was duly and regularly introduced at a meeting of the City
council on the 26th day of March 1991~ that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 26th day of March 1991 by the following Council vote:
Ayes: Councilmembers: Genser, Holbrook, Olsen, Vazquez,
Zane, and Mayor Abdo
Noes: councilmernbers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Katz
ATTEST:
L~H;_~
"""'-"7 City- Clerkl
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NOTICE OF DEVELOPMENT PROPOSAL
To:
Concerned Persons
From:
The City of santa Monica
subject of Hearinq: Appeal of a Planning commission Condition of
Approval relating to Ordinance 1577 (CCS)
(Proposition R) (Inclusionary Unit Condition
#43) for CUP 91-015 and VTTM 50523 to allow
the construction of a two story, five unit
residential condominium project at 911 12th
street.
Applicant: Richard Chang & Henry Wu
Appellant: Eileen Hecht for the Applicants
A Public Hearing will be held by the City council on the
following request:
Appeal of a Planning Commission Condition of Approval for CUP
91-015 and VTTM 50523 requiring that 30% of the total number of
units are deed restricted as inclusionary rental units.
TIME:
TUESDAY,
January 28
, 1992 AT 7:30 P.M.
LOCATION:
COUNCIL CHAMBER, ROOM 213, CITY HALL
1685 MAIN STREET, SANTA MONICA
HOW TO COMMENT:
The City of Santa Monica encourages public comment on this and
other projects. You or your representative, or any other persons
may comment at the city council's public hearing, or by writing a
letter.
Letters should be addressed to:
city Council, city Clerk's Office
1685 Main Street, Room 102
Santa Monica, California 90401
MORE INFORMATION
If desired, further information on any application may be
obtained from the city Planning Division at the address above or
by calling (310) 458-8341.
The meeting facility is handicapped accessible. If you have any
special needs such as sign language interpreting, please contact
the Office of the Disabled at (310)458-8701.
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q
Pursuant to California Government Code section 65009(b), if this
matter is subsequently challenged in Court, the challenge may be
limited to only those issues raised at the Public Hearing
described in this notice, or in written correspondence delivered
to the City of Santa Monica at, or prior to, the Public Hearing.
Esto es un aviso sobre una audencia publica para revisar
applicaciones proponiendo desarrollo en Santa Monica. Esto puedo
ser de interes a usted. si deseas mas informacion, favor de
llamar a Elsa Gonzalez en la Division de Plantificacion al numero
(310) 458-8341.
PCWORDjtempccpn
pcjnt015
SMW
APPROVED AS TO FORM:
D. KENYON WEBSTER
Principal Planner
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