Loading...
SR-6-D (104) . 6-/J - ~ r. ~ ' ' - 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 6-/) - 1 - ~ ~L L.- ---- . . . 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 - 2 - - --- ------------ -- - --- -- --- --- -- -- ---- - - - -- -- ~ . > 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. I 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 - 3 - -- ~ - - --- - --- ~ f\tt~t\~ErJt "A" .. .. , . 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 , .. . . 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 - ----- -- - --- -- fttt-r\L.t-\ t'i\a.J-t '" B I , . 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 - 1 - . 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 - 2 - --- - . . 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. - 3 - - - ----- ---------- --- --- -- - - --- --------- , . 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. - 4 - 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 - 5 - --- 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. - 6 - 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 - 7 - --- --- 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. - 8 - . . 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. - 9 - . . 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 - 10 - . . 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 . - 12 - \ "" , , ,. 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 - 11 -