SR-6-D (104)
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LUTM:PB:DKW:BA/CCSTAMO.PCWORD.PLAN Santa Monica, Calirornla
Council Mtg: December 3, 1991
TO: Mayor and city council
FROM: city staff
SUBJECT: Certification of Statement of Official Action for
Appeal of Conditional Use Permit 90-075 and Vesting
Tentative Tract Map 50221, 1226 11th street.
INTRODUCTION
This report transmits for city Council certification the
statement of Official Action for the reconsideration of an appeal
of the above listed Conditional Use Permit and Vesting Tentative
Tract Map to allow the construction of a six unit condominium
proposed at 1226 11th Street.
After a reconsideration of an appeal at public hearing and
careful review of the record and staff recommendations, the City
council upheld the appeal and approved the proposed Conditional
Use Permit and Vesting Tentative Tract Map on October 28, 1991-
The following condition was revised on the project:
Condition No. 38 liThe proj ect shall maintain a 40 foot height
limit, and include a third floor setback a minimum of 40 feet
from the front property line and 30 feet from the center line of
the rear alley. There shall be a maximum total of six units, two
of which shall be approximately 1,100 square feet on the third
floor as proposed. The city Parking and Traffic Engineer shall
pay careful attention to the parking layout. The Planning
Commission shall review other planning-related issues on which
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the city council has not deliberated. The decision of the
Planning commission is not appealable to the City Council."
BACKGROUND
On January 23, 1991 the Planning Commission failed to approve the
project, and by a vote of 3 to 3, technically denied the project.
The applicant appealed the denial to the City Council, which
upheld the appeal and approved the project on April 9, 1991 with
a condition requiring a redesign to include a limitation of third
floor square footage and additional setbacks, a total of five
units, and a design review of the revised project by the Planning
Commission.
As specified by the City council, the Planning commission
reviewed the revised proj ect on August 7, 1991, which included
six units instead of five, and continued the matter for
clarification on the Council's intent regarding the number of
allowed units (five versus six) . The issue of the number of
allowed units was intended to be clarified when the Council
reviewed the first statement of Official Action on September 10,
1991. Instead, the city Council decided to reconsider the appeal
and address the number of allowed units at a later hearing.
On October 29, 1991 the City Council reconsidered the appeal and
approved the project with six units, rather than five, and
modified the conditions to require additional review by the
Planning Commission of the planning-related issues, a limitation
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of 1,100 square feet on each of the third floor units, and a
careful review of the parking area by the City Parking and
Traffic Engineer. The Council specified that the decision of the
Planning Commission is not appealable to the city Council.
Examples of planning-related issues discussed by the Council
include ingress/egress, security, trash enclosure location,
replacement or relocation of trees, and the like.
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RECOMMENDATION
It is respectfully recommended that the City Council approve the
attached statement of Official Action, which contains findings
and conditions of approval for Conditional Use Permit 90-075 and
Vesting Tentative Tract Map 50221.
Prepared by: Paul Berlant, Director of Land Use and
Transportation Management
D. Kenyon Webster, Planning Manager
Bruce Ambo, Associate Planner
Attachment: A. October 28, 1991 City Council minutes
B. statement of Official Action dated 10/28/91.
BA
PC/ccstamo
11/18/91
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6-S: CAB AND CHASSIS WITH DD!~? BODY: :id No. 2378 was awarded
to Reynolds Buick in the ClTrlOunt of $33,504.45 for one cab and
chassis with dump body for the Parks Division, Cultural and
Recreation Services Department.
6-T: PICKGP TRUCK: Bid No. 2379 was awarded to Downey Auto
Center in the--amount of $16,013.42 for one pickup truck for the
Beach Mainte~~~ce Division, Cultural and Recreation Services
Department.
6-V: 3/4-TON -1:ICKUP TRUCK: Bid No. 2365 was rejected and the
rebid requirerr.e~t -..v"lS C'.pprove(~ feI- a 3/": ~ton pickup truck for the
Environmental Fr0grams Div__S10~, City Y.a~ager Department.
6-W: TRUCK ~~;CTOR: Bid No. 2366 was awarded to Boerner Motor
Company in t~e amount of $29,897.57 for one truck tractor for the
Solid Waste Mc",agement Division, General Services Department.
7-A: APPEAL/YhRIANCE 90-039/WAIVER OF PARCEL MAP 90-001/2039-
2045 11TH S~~:ET: Presented was the appeal of Planning
Commission de~:_~~ of Variance 90-039 and waiver of Parcel Map 90-
001 to allo",' t~le adjustment of a parcel line and to allow the
creation of a lt~t that is approxima~ely 3' in depth less than the
minimum 100' depth r~q~ired at 2039-2045 11th street.
Applicant/Appellant. Robert Baron & David Ga1lenson. Council
asked questions of staff. David Shell, on behalf of the
Applicant/Appellant, spoke in support of the appeal. Council
asked questions of Mr. Shell. Applicant/Appellant David
Ga11enson spoke in support of the appeal. Discussion was held.
There was no one wishing to speak from the audience. Mayor Pro
.!empore Genser moved to deny the variance because there is no
parcel refore Council on which to apply the variance, and that in
the event that conclusion proves to be not true, to deny the
var~ance because of the inability to adopt the required findings
tor such a variance and to make the findings as they are stated
in the statement of Official Action (and the original staff
report) . Second by Councillllember Olsen. Discussion was held.
The motion was approved by the fOllowing vote:
council vote: Affirmative: Counci1members Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Negative: Counci1member Katz
Councilmember Katz requested that the record reflect that he
voted "noli on this item in the interest of the human element and
common sense and would not support denial on a technicality which
is unique to this situation.
At 9: 00 P.M., Council adjourned for a short recess. Council
reconvened at 9:35 P.M. with all members present.
7-B: RECONSIDERATION/APPEAL/CUP 90-075/VESTING TTM
50221/CONDOMINIUMS/1226 11TH STREET: Presented was the
reconsideration of the appeal involving a design review of
Conditional Use Permit 90-075 and vesting Tentative Tract Map
5 October 29, 1991
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50221 to allow the construction of a six-unit condominium project
at 1226 11th Street. Applicant/Appellant: Lance Lentz. Council
asked questions of staff. Mayor Pro Tempore Genser moved to hear
the applicant for ten minutes and then hear the public for three
minutes each. Second by councilmember Olsen. Discussion was
held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, Mayor Abdo
Negative: Councilmember Katz, Zane
Rosario Perry, speaking on behalf of the Applicant/Appellant I
spoke in support of the appeal. Council asked questions of
staff. Members of the public Syd Jurin, Merritt Coleman, and
Susan Suntree spoke in opposition to the appeal. Member of the
public Dave Paley spoke in opposition to the appeal and to the
project as a whole. Rosario Perry presented a rebuttal. steven
Sorgdrager, representing the Applicant/Appellant, spoke in
support of the appeal. Councilmember Zane moved to approve the
project at the 40' height and the setbacks per the prior
approval, with 6 units, two of which will be approximately 1,100
square feet, on the third floor, as proposed. Second by
Councilmember Katz. Discussion was held. Councilmember Katz
moved to amend the motion to include careful review of parking by
the Traffic Engineer. The motion was accepted as friendly.
Councilmember Katz moved to extend the meeting to 12:00 Midnight.
Second by Councilmember Zane. The motion was approved, Mayor Pro
Tempore Genser opposed. Discussion continued. Councilmember
Zane moved to revise his motion to reflect that this item should
be remanded to the Planning commission for review of the other
planning-related issues on which the Council is not deliberating.
The amendment was accepted by the seconder. Discussion was held.
The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Holbrook, Ka t z ,
Vazquez, Zane, Mayor Abdo
Negative: Councilmembers Genser, Olsen
8-A: TRANSPORTATION MANAGEMENT PLAN: Presented was the
resolution certifying the Environmental Impact Report (EIR) and
Ordinance for introduction and first reading entitled: !IAN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING
CHAPTER 2B TO ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO
REQUIRE NEW AND EXISTING NON-RESIDENTIAL DEVELOPMENT PROJECTS TO
ADOPT WORKSITE TRANSPORTATION PLANS AND TO PAY TRANSPORTATION
IMPACT FEES TO REDUCE TRAFFIC CONGESTION AND IMPROVE AIR QUALITY
IN THE CITY," reading by title only and wai ving further reading
thereof. Council asked questions of staff. At 11: 25 P.M., Mayor
Abdo declared the public hearing open. Member of the public Tom
Larmore spoke in support of the proposed ordinance. Members of
the public Joy Fullmer and Saxe Dobrin expressed their concerns.
Member of the public Norma Gonzales spoke in support of the
ordinance with amendments. Mayor Abdo closed the public hearing
at 11:55 P.M. Discussion was held. Councilmember Olsen moved to
6 October 29, 1991
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 90-075
Vesting Tentative Tract Map 50221
LOCATION: 1226 11th street
APPLICANT: Lance Lentz
CASE PLANNER: Bruce Ambo, Associate Planner
REQUEST: Application for a Conditional Use Permit and
vesting Tentative Tract Map to allow the Con-
struction of a six Unit Condominium at 1226
11th street.
CITY COUNCIL ACTION
10/29/91 Date.
XX Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
EFFECTIVE DATES OF ACTIONS:
10/29/91 Case #CUP 90-075
04/20/91 Case #VTTM 50221
EXPIRATION DATES OF ANY PERMITS GRANTED:
10/29/93 Case #CUP 90-075 (2 Years)
04/20/93 Case #VTTM 50221 (2 Years)
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES:
01/29/94 Case #CUP 90-075 (3 Months with written request)
04/20/96 Case #VTTM 50221 (3 Years with written request)
TENTATIVE PARCEL ~~p FINDINGS
l. 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
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Monica, in that the project conforms to the provisions of
the R3 District standards of the Zoning Ordinance and the
Medium-Density Residential section of the Land Use Element
of the General Plan.
2. The site is physically suitable for the proposed type of
development, in that it is a standard lot with no unusual
characteristics.
3. The site is physically suitable for t~e proposed density
of development, in that a 7,500 square foot parcel in the
R3 District can accommodate 6 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 proposed development is an in-fill of
urban land which does not currently support fish or sig-
nificant wildlife.
5. The design of the subdivision or the type of improvement
will not cause serious public health problems, in that the
proposed development complies with the provisions of the
Zoning Ordinance and the General Plan.
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 subject site is ade-
quately served by existing streets.
CONDITIONAL USE PERMIT FINDINGS
. 1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the "city of Santa Monica Comprehensive Land
Use and zoning ordinance", in that the proposed condomini-
um conforms to the Zoning Ordinance and the General Plan.
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that it would be located in a multi-family
residential district.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the proposed proj ect
meets the density standards for the R3 District.
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 existing structure would 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
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the area is a mix of single-family and mUlti-family
residential buildings.
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 development is an in-fill of urban
land adequately served by existing infrastructure.
7. Public access to the proposed use will be adequate, in
that the site is adequately served by existing streets.
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 all setbacks, lot coverage
and height requirements for the R3 District have been met.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the area is de-
fined as a Medium-Density Residential area by the Land Use
Element of the General Plan.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the proposed project complies the the provisions
of the Zoning Ordinance and the General Plan.
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 no Performance Standard per-
mit would be required.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the area
is defined as a mUlti-family residential district.
CONDITIONAL USE PERMIT CONDITIONS
Plans
1. This approval is for those plans dated 5/25/91, a copy of
which shall be maintained in the files of the city Plan-
ning Division. Project development shall be consistent
with such plans, except as otherwise specified in these
conditions of approval.
2. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
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4. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning Commission
Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
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 existing mature palm tree, located in the northeast
corner of the parcel shall be either preserved in its
present location relocated on the property.
7. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
8. 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. The ARB shall also
ensure that the design of the building is compatible with
the existing bungalow and craftsman style structures in
the neighborhood.
9. Construction period signage shall be subject to the
approval of the Architectural Review Board.
10. 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.
11. 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.
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12. 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
13. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality impacts resulting from both new and existing
development. The Plan will likely include an ordinance
establishing mitigation requirements, including one-time
payment of fees on certain types of new development, and
annual fees to be paid by certain types of employers in
the City. This ordinance may require that the owner of
the proposed proj ect pay such new development fees, and
that employers within the project pay such new annual em-
ployer fees related to the city's Transportation Manage-
ment Plan.
14. 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
15. 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.
16. 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).
17. 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.
18. Prior to issuance of a demolition permit, applicant shall
prepare for Building Oivision approval a rodent and pest
control plan to ensure that demolition and construction
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activities at the site do not create pest control impacts
on the project neighborhood.
Construction
19. 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.
· 20. 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.
21. 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.
22. 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.
23. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General
Services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
architect; 2) Describe how demolition of any existing
structures is to be accomplished; 3) Indicate where any
cranes are to be located for erection/construction; 4)
Describe how much of the public street, alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion; 5) Set forth the extent and nature of any pile-
driving operations: 6) Describe the length and number of
any tiebacks which must extend under the property of other
persons; 7) Specify the nature and extent of any dewater-
ing and its effect on any adjacent buildings; 8) Describe
anticipated contruction-related truck routes, number of
truck trips, hours of hauling and parking location: 9)
Specify the nature and extent of any helicopter hauling:
10) State whether any construction activity beyond normal-
ly permitted hours is proposed; 11) Describe any proposed
construction noise mitigation measures: 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel; 13) Provide a drainage
plan: 14) Provide a construction-period parking plan
which shall minimize use of public streets for parking:
15) List a designated on-site construction manager.
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24. 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.
25. 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
26. 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.)
27. Prior to issuance of a Certificate of Occupancy, project
owner shall present documentation to the General Services
Department certifying that existing Santa Monica occupan-
cies with toilets installed prior to 1978 have been retro-
fitted with ultra low-flow toilets (1.6 gallons per flush
or less) such that development of the new project will
not result in a net increase in wastewater flows. Flow
from existing occupancies which will be removed as part
of the new development may be deducted from flow at-
tributable to the new development if such occupancies have
been occupied within one year prior to issuance of a
Building Permit for the proposed project. Alternatively,
project owner may provide a payment to the General Ser-
vices Department in an amount specified by General Ser-
vices in lieu of the installation requirement, which funds
shall be used by the City for the exclusive purpose of
aChieving compliance with this condition by retrofitting
existing occupancies. Flow calculations for new develop-
ment and existing occupancies shall be consistent with
guidelines developed by the General Services Department.
Projects subject to this condition shall not be eligible
for the "Baysaver" rebate program.
Miscellaneous CUP Conditions
28. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
29. 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.
30. 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.
3l. 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.
32. 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.
Validity of Permits
33. The Conditional Use Permit shall be of no further force or
effect if the Tentative Map expires prior to approval of a
Final Map for said tract.
34. 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.
35. 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.
36. 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. No time extension shall be
granted beyond this two year period.
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Inclusionary Unit Condition
37. 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 thirty percent of the units
shall apply, of which at least twenty percent shall be
affordable to households not exceeding sixty percent of
the the (BUD) Los Angeles County median income, with the
balance of the inclusionary units affordable to households
with incomes not exceeding 100% of the (HUD) Los Angeles
County median income, expending not over 30% of monthly
income on housing costs, as specified by the Housing Divi-
sion of the Department of community and Economic
Development.
This agreement shall be executed and recorded prior to
approval of the Final Map. Such agreement shall specify
1) responsibilities of the developer for making the
unites) available to eligible tenants and 2) responsibili-
ties of the City of Santa Monica to prepare application
forms for potential tenants, establish criteria for
qualifications, and monitor compliance with the provisions
of the agreement.
Owner shall provide the City Planning Division with a
conformed copy of the recorded agreement prior to approval
of the Final Map.
This provision is intended to satisfy the inclusionary
housing requirements of the Housing Element of the General
Plan of the city of Santa Monica. Developer may satisfy
the obligations created by this Agreement by demonstrating
to the Director of Planning compliance with Ordinance 1519
(CCS), which provides implementation standards for this
program.
Special Condition
38. ~ The project shall maintain a 40 foot height limit, and
include a third floor setback a minimum of 40 feet from
the front property line and 30 feet from the center line
of the rear alley. There shall be a maximum total of six
units, two of which shall be approximately 1,100 square
feet on the third floor as proposed. The city Parking and
Traffic Engineer shall pay careful attention to the park-
ing layout. The Planning Commission shall review other
planning-related issues on which the city Council has not
deliberated. The decision of the Planning Commission is
not appealable to the City Council.
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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 $1,000 per saleable residential unit per the provi-
sions of section 6651 et seq. of the Santa Monica
Municipal Code.
7. The form, contents, accompanying data, and filing of the
final subdivision map shall conform to the provisions of
sections 9330 through 9338 (SMMC) and the Subdivision Map
Act. The required Final Map filing fee shall be paid
prior to 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
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. .
I hereby agree to the above conditions of approval and
acknowledge that failure to comply with suoh conditions shall
constitute grounds for potential revocation of the permit
approval.
Applicant's Signature
Print Name and Title
PC/CCST9075
DM
.
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\ "" , ,
,.
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.
II. 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.
VOTE
Ayes: Abdo, Holbrook, Katz, Vazquez, Zane
Nays: Genser, Olsen
Abstain:
Absent:
NOTICE
If this is a final decision not subject to further appeal under
the City of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, the time within which judicial review of this decision
must be sought is governed by Code of civil Procedure Section
1094.6, which provision has been adopted by the city pursuant to
Municipal Code Section 1400.
I hereby certify that this statement of Official Action accurate-
ly reflects the final determination of the Ci ty Council of the
City of Santa Monica.
~~P- ct: G~ .
/?-ri I
'-signature ( date
Clarice E. Dvkhouse. Cltv Clerk
Please Print Name and Title
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