SR-091091-6K
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LUTM: PB:DKW:BAjCCSTAMO.PCWORD. PLAN Santa Monica, california
Council Mtg: September 10, 1991
TO: Mayor and city Council
FROM: City staff
SUBJECT: certification of Statement of Official Action for
Appeal of Conditional Use Permit 90-075jVesting
Tentative Tract Map 50221, 1226 11th street.
INTRODUCTION
This report transmits for city Council certification the
statement of Official Action for the 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.
BACKGROUND
After a 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
Hap on April 9, 1991- The following condition was added to the
project specifying the parameters for Planning Commission review:
Condition No. 38 "The project shall return to the Planning
commission for review of project plans which shall 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, and a
total of five units (emphasis added) . Any decision of the
Planning Commission with respect to the layout of design within
the parameters which the Council has approved is appealable to
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SEP 1 0 199J
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the City Council. The square footage on the third floor shall be
within 5% of that illustrated in the conceptual shading
illustration provided by the Architect during the 4/9/91 City
council hearing."
The applicant believes that the intent of the Council was to
reduce the mass of the building through increased setbacks, and
not reduce the number of units from six to five. However, a
review of the attached City Council hearing minutes (Attachment
A) and recorded tape of the meeting indicates that a total of
five units was included in the motion. The applicant wishes to
pursue a six unit project at this time and will address the
Council on this issue at the September 10, 1991 Council meeting.
Among the more salient issues discussed during the hearing were
neighborhood compatibility, building mass and design, historic
significance, environmental documentation, and parameters for
Planning Commission review. The intent of the condition in
question was to ensure compatibility of building mass and design
through additional setbacks, and to provide the Planning
Commission with the opportunity to review the project as designed
within the parameters of the envelope. The issue of
environmental documentation was discussed, and it was determined
that a Categorical Exemption was appropriate.
ANALYSIS
There was considerable discussion on the compatibility of the
project with the existing neighborhood. The applicant
recommended a revised design that established the aforementioned
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setback parameters and the limitation of five units. Therefore,
it appears that the limitation to five units instead of six was a
design concept advanced during the hearing by the applicant, and
that the Council conditioned the project consistent with that
concept.
RECOMMENDATION
It is respectfully recommended that the City Council approve the
attached statement of Official Action, which includes the five
unit restriction, and contains findings and conditions of
approval for Conditional Use Permit 90-075 and vesting Tentative
Tract Map 50221.
Prepared by: Bruce Ambo, Associate Planner
Paul Berlant, Director of Land Use and
Transportation Management
Attachment: A. April 9, 1991 Planning Commission minutes
B. statement of Official Action dated 4/9/91.
BA
PC/ccstamo
8/16/91
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Attachment A
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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 9, 1991
A regular meeting of the Santa Monica city Council was called to
order by Mayor Abdo at 7:40 P.M., on Tuesday, April 9, 1991, in
the Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Ken Genser
Councilmember Robert T. Holbrook
Councilmember Herbert Katz
(arrived at 10:30 P.M.)
Councilmember Kelly Olsen
Councilmember Antonio Vazquez
Councilmember Dennis Zane
Also Present: City Manager John Jalili
City Attorney Robert M. Myers
City Clerk Clarice E. Johnsen
Councilmember Olsen led the assemblage in the Pledge of
Allegiance to the Flag of the united states of America.
4-A: CHILDCARE PROFESSIONALS: Mayor Abdo presented commendation
to childcare professionals for their outstanding and valuable
contributions.
4-B: TECHNOLOGY ACHIEVEMENT AWARD: Mayor Abdo received the 1990
Technology Achievement Award for the Public Electronic Network
program (PEN) from Public Technology Inc.
4-C: NATIONAL YOUTH SERVICE DAY: The proclamation designating
April 23, 1991, as "National Youth service Day, " will be
presented April 16, 1991-
4-0: 1990 NATIONAL TRANSIT PERFORMANCE AWARD: Mayor Abdo
presented the 1990 National Transit Performance Award to Jack
Hutchins, Director of the Santa Monica Transportation Department.
Councilmember Zane moved to add Item 14-A to the agenda. Second
by Councilmember Olsen. The motion was unanimously approved,
Councilmember Katz absent.
Mayor Abdo moved to move last week's "14" items to the beginning
of the list of "14" items for this week and evaluate which items
will be heard this evening in the event that this evening's
meeting will not be finished. Second by Councilmember Zane.
Discussion was held. The motion was unanimously approved,
Councilmember Katz absent.
At 7:52 P.M. , a City Council/Housing Authority Special Joint
Meeting was convened.
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Housing Authority
Roll Call: Present: Chair Pro Tempore Ken Genser
Authority Member Robert T. Holbrook
Authority Member Kelly Olsen
Authority Member Antonio Vazquez
Authority Member Dennis Zane
Chair Judy Abdo
Absent: Authority Member Herbert Katz
Also Present: Executive Secretary John Jalili
Authority Attorney Robert M. Myers
Authority Clerk Clarice E. Johnsen
HA-l: HOUSING AUTHORITY MINUTES: Presented for approval were
the Housing Authority Minutes of March 26, 1991. Chair Pro
Tempore Genser moved to approve the minutes of March 26, 1991, as
presented. Second by Authority Member Zane. The motion was
unanimously approved, Authority Member Katz absent.
HA-2: SECTION 8: Presented was a staff report recommending
adoption of a resolution amending the Consolidated Annual
Contributions Contract and authorizing the Executive Director to
execute the CACC. Authori ty Members asked questions of staff.
Member of the public Joy Fullmer expressed her concerns. Chair
Pro Tempore Genser moved to adopt Resolution No. 44(HAS),
entitled: "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF
SANTA MONICA APPROVING AMENDED EXHIBIT II TO PART I OF SECTION 8
HOUSING CERTIFICATE PROGRAM CONSOLIDATED ANNUAL CONTRIBUTIONS
CONTRACT NO. SF-520 eE) AND AUTHORIZING EXECUTION," reading by
title only and waiving further reading thereof. Second by
Authority Member Vazquez. The motion was approved by the
following vote:
Housing Authority Vote:
Affirmative: Authority Members Genser, Holbrook,
Olsen, Vazquez, Zane, Chair Abdo
Absent: Authority Member Katz
At 8: 00 P. M., the Special City Council/Housing Authority Joint
Meeting was adjourned and the City council Meeting was
reconvened.
5-A: ABATEMENT OF NUISANCE/2438 OCEAN PARK BOULEVARD: Presented
was a staff report recommending adoption of a resolution
confirming the report regarding abatement of a nuisance at 2438
Ocean Park Boulevard and authorizing a special assessment. At
8: 01 P.M., Mayor Abdo declared the public hearing open. There
being no one wishing to speak, the public hearing was closed.
Councilmember Zane moved to adopt the Resolution of Confirmation,
authorize the filing of the Notice of Lien, and increase budgeted
revenue. Second by councilmember Vazquez. The motion was
approved by the following vote:
2 April 9, 1991 '
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Council vote: Affirma'tive: councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: councilmember Katz
By virtue of the above action, Resolution No. 8202 (CCS) entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
CONFIRMING THE REPORT OF THE NUISANCE ABATEMENT BOARD AND
AUTHORIZING THE SPECIAL ASSESSMENT OF NUISANCE ABATEMENT COSTS
UPON CERTAIN PROPERTY WITHIN THE CITY," reading by title only and
waiving further reading thereof.
5-B: SIDEWALKS, DRIVEWAYS, AND CURBS: Presented was a staff
report acknowledging protests and recommending adoption of a
resolution confirming the report regarding repairs to damaged
sidewalks, driveways and curbs (SR-91-169/170) . Council asked
questions of staff. At 8:10 P.M., Mayor Abdo declared the public
hearing open. There being no one wishing to speak, Mayor Abdo
closed the public hearing. Mayor Pro Tempore Genser moved to
acknowledge the protests and adopt Resolution No. 8203(CCS)
entitled: nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS
REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS
(SR-9l- 169/170,n reading by title only and waiving further
reading thereof. Second by Councilmember Olsen. The motion was
approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: Councilmember Katz
5-C: ABATEMENT OF WEEDS AND RUBBISH: Presented was a staff
report regarding the intention to abate weeds and rubbish and to
award an abatement contract to Gary's Lot Cleaning in the amount
of $39,700. council asked questions of staff. At 8:19 P.M. ,
Mayor Abdo declared the public hearing open. Member of the
public Joy Fullmer expressed her concerns. Mayor Abdo closed the
public hearing at 8:20 P.M. councilmember Zane moved to award
the weed and rubbish abatement Contract No. 5663 (CCS) to Gary's
Lot Cleaning in the amount of $39,700. Second by Councilmember
Olsen. The motion was approved by the following vote:
Council vote: Affirmative: councilmembers Genser, Holbrook,
Vazquez, Zane, Mayor Abdo
Absent: Councilmember Katz
5-D: MRS. J. CURRAN: Mayor Pro Tempore Genser moved to receive
and file the request of Mrs. J. Curran to address Council
regarding a failure to observe the law. Second by Councilmember
Olsen. The motion was approved by the following vote:
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Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: Councilmember Katz
Items 5-E through 5-0 were considered later in the meeting.
6. CONSENT CALENDAR: Presented was the Consent Calendar,
whereby all items are considered and approved in one motion
unless removed from the calendar for discussion. councilmember
Zane moved to approve the Consent Calendar, with the exception of
Items 6-E and 6-J, reading resolutions and ordinances by title
only and waiving further reading thereof. Second by
Councilmember Vazquez. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook
Olsen, Vazquez, Zane, Mayor Abdo
Absent: Councilmember Katz
6-A: MINUTES APPROVAL: The minutes of the City Council meetings
of March 19, and March 26, 1991, were approved as presented.
6-B: PARCEL MAP 21506/2318 2ND STREET: Resolution No.
8204(CCS) entitled: itA RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ACCEPTING AND APPROVING AMENDING PARCEL MAP
NO. 21506," was adopted thereby approving a 4-unit development at
2318 2nd Street.
6-C: REMODELING OF BRILES AIRPORT HANGAR: Contract No.
5664(CCS) was awarded to Axis Construction, Inc. in the amount of
$157,500 for the remodeling of the Briles Airport Hangar.
6-0: PURCHASE OF AMBULANCE: Bid No. 2351 was awarded to Leader
Industries in the amount of $49,220 for the purchase of an
ambulance for the Fire Suppression Division, Fire Department.
6-F: EIR/CLOVERFIELD WIDENING PROJECT: Contract No. 5665(CCS)
was approved authorizing the City Manager to negotiate and
execute a contract with EIP Associates in the amount of $56,508
to prepare an EIR on the C10verfie1d Widening Project.
6-G: FINAL SUBDIVISION MAP/TRACT NO. 48924/TPC-101/908-912 6TH
STREET: Resolution No. 8205(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 48924," was adopted thereby
approving a 20-unit Tenant-Participating Conversion at 908-912
6th Street.
6-H: FINAL SUBDIVISION MAP/TRACT NO. 48602(TPC-092/2311 FOURTH
STREET: Resolution No. 8206(CCS) entitled: IIA RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 48602,11 was adopted thereby
April 9, '-
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approving a 6l-unit Tenant-Participating Conversion at 2311
Fourth street.
6-1: FINAL SUBDIVISION MAP/TRACT NO. 48049/TPC-082/948-950 16TH
STREET: Resolution No. 8207(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING
A FINAL SUBDIVISION MAP FOR TRACT NO. 48049,11 was adopted thereby
approving a 5-unit Tenant-Participating Conversion at 948-950
16th Street.
END OF CONSENT CALENDAR
6-E: OCEAN AVENUE OUTDOOR DINING GUIDELINES: The recommendation
to approve the Ocean Avenue Outdoor Dining Guidelines and
authorize the city Manager to negotiate and execute license and
easement agreements with restaurant operators applying for
outdoor dining on Ocean Avenue consistent with the guidelines was
continued at the request of staff.
6-J: TEXT AMENDMENT OF ZONING ORDINANCE/CONSTRUCTION RATE
PROGRAM: Presented was a staff report recommending adoption of a
resolution initiating a text amendment of the Zoning Ordinance to
establish a Citywide construction rate program. Members of the
public Joy Fullmer and Ken Kutcher expressed their concerns.
Council asked questions of staff. Discussion was held. Mayor
Pro Tempore Genser moved to adopt Resolution No. 8208(CCS)
entitled: nA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA INITIATING A TEXT AMENDMENT OF THE ZONING ORDINANCE TO
ESTABLISH A CITYWIDE CONSTRUCTION RATE PROGRAM, II as amended by
the City Attorney with Clarifying language stating within 300
linear feet in the north and south direction of a project if the
project is on a north/south street or within 300 linear feet in
the west and east direction of a project if the project is on a
west/east street, reading by title only and waiving further
reading thereof. Council asked questions of staff. Discussion
was held. Second by Councilmernber Zane. The motion was approved
by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Olsen, Vazquez, Zane, Mayor Abdo
Absent: Councilmember Katz
7-A: APPEAL/CUP 90-075/TENTATIVE TRACT MAP S0221/CONDOMINIUMS/
1226 11TH STREET: Presented was the appeal of a Planning
commission denial of CUP 90-075 and vesting Tentative Tract Map
50221 to allow the construction of a six-unit condominium at 1226
11th Street. Applicant/Appellant: Lance Lentz. At 8:45 P.M.,
Council adjourned for a short recess. At 8:50 P.M., Council
reconvened with all members present except Councilmember Katz.
The presentation resumed. Council asked questions of staff.
Rosario Perry, representing the Applicant/Appellant, addressed
Council in favor of the appeal. Applicant/Appellant Lance Lentz
addressed Council in favor of the appeal. steven Sorudrauer,
representing the Applicant/Appellant, addressed Council in favor
of the appeal. Council asked questions of the Applicant/
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Appellant and representatives. council asked questions of staff.
Members of the public, Syd Jurin, Jan Paley, Dave Paley, Merritt
Coleman and Bruce Cameron spoke in opposition to the appeal and
the project as presented. Members of the public Jamie Lennon,
Erica Dean, Royal Dean, John Frank, Christopher Andrews, and
Lorenzo Aguayo spoke in favor of the appeal.
At 9:55 P.M., Council adjourned for a short recess. At 10:15
P.M. , Council reconvened with all members present except
Councilmember Katz.
Applicant/Appellant Rosario Perry presented the rebuttal.
Discussion was held. Mayor Pro Tempore Genser moved to reject
the categorical exemption and remand this item to staff for
additional analysis under CEQA. Second by Councilmember Olsen.
council asked questions of staff. Discussion was held.
Councilmember Zane moved a substitute motion to approve the
appeal and overturn the Planning Commission denial with the
findings and conditions that were attached subject to the
additional condition that the project return to the Planning
commission for review of a new site plan which includes at least
a minimum 40' third floor setback on the front half of the third
floor and at least a minimum 30' setback on the back half with a
third floor height limit of 40' and a total of five units.
Second by Councilmember Vazquez. Discussion was held. The
motion was approved by the following vote:
Councilmember Katz reported present at 10:30 P.M.
Council vote: Affirmative: Councilmembers Holbrook, Vazquez,
Zane, Mayor Abdo
Negative: Councilmembers Genser, Olsen
Abstain: Councilmember Katz
Councilmemher Katz requested that the record reflect that he
abstained from voting on this item due to the fact that he did
not hear the pUblic hearing and it would not be proper for him to
vote.
Council asked questions of staff. Councilmember Zane moved to
reconsider his preceding motion. Second by councilmember
Vazquez. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Olsen,
Vazquez, Zane, Mayor Abdo
Negative: Councilmember Holbrook
Abstain: Councilmember Katz
Councilmember Zane moved to approve the appeal and overturn the
Planning Commission denial with the findings and conditions that
were attached subject to the additional condition that the
project return to the Planning Commission for review of a new
6 April 9, 1991 ,
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si te plan which includes at least a minimum 40 I third floor
setback on the front half of the third floor and at least a
minimum 30' setback on the back half with a third floor height
limit of 40' and a total of five units and also including an
additional condition that any decision of the Planning Commission
with respect to the layout on design within the parameters which
the council has approved by this motion, is appealable to the
Council. Second by Councilmember Vazquez. Discussion was held.
councilmember Zane moved to amend his motion to include a
condition that the square footage on the third floor be within 5%
of that as illustrated in the shading in the illustration
provided by the architect. The amendment was accepted as
friendly. Discussion was held. The motion was approved by the
following vote:
council vote: Affirmative: Councilmembers Holbrook, Vazquez,
Zane, Mayor Abdo
Negative: councilmembers Genser, Olsen
Abstain: Councilmember Katz
councilmember Zane moved to hear, in the following order, Item
Nos. a-A, a-c, 13-A, 5-K, 5-N, and 5-0, and extend the meeting
until 12:00 Midnight. Second by Councilmember Katz. The motion
was unanimously approved.
a-A: MORATORIUM/11TH STREET: Presented was an emergency
ordinance for introduction and adoption declaring a moratorium
and limiting development on 11th street between Wilshire
Boulevard and Arizona Avenue and on 1107 through IllS Arizona
Avenue inclusive. At 11:10 P.M., Mayor Abdo declared the public
hearing open. Member of the public Mofid Bissada spoke in
opposition to the proposed ordinance. Member of the public Joy
Fullmer expressed her concerns. Members of the public Syd Jurin,
Dave Paley, and Merritt Coleman spoke in favor of the proposed
ordinance. Councilmember Katz moved to introduce and adopt
ordinance No. 1579 (CCS) entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA MONICA DECLARING A MORATORIUM AND
LIMITING DEVELOPMENT ON lITH STREET BETWEEN WILSHIRE BOULEVARD
AND ARIZONA AVENUE AND ON llD7 THROUGH 1115 ARIZONA AVENUE
INCLUSIVE AND DECLARING THE PRESENCE OF AN EMERGENCY," reading by
title only and waiving further reading thereof. Second by
Councilmember Zane. The motion was approved by the following
vote:
Council vote: Affirmative: councilmembers Genser, Holbrook,
Katz, Olsen, Vazquez, Zane, Mayor
Abdo
8-C: WATER CONSERVATION: Presented was an emergency ordinance
for introduction and adoption amending the mandatory water
conservation measures for the City of santa Monica. Council
asked questions of staff. At 11:40 P.M., Mayor Abdo declared the
public hearing open. Member of the public Joy Fullmer expressed
her concerns. Members of the public Tom Healy, John Jurenka, and
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7 Apr~l 9, 1991
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Bernard Zimmering spoke in opposition to the proposed ordinance.
Mayor Abdo closed the pUblic hearing at 11:55 P.M. Councilmember
Katz moved to approve the staff recommendation with the condition
that covered spas and hot tubs of a capacity of up to 500 gallons
be permitted. Second by Councilmember Olsen. Discussion was
held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Genser, Holbrook,
Katz, Olsen, Vazquez, Zane, Mayor
Abdo
By virtue of the above action, Ordinance No. 1580(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 2A OF ARTICLE VII OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO WATER CONSERVATION MEASURES AND DECLARING THE
PRESENCE OF AN EMERGENCY" was passed, approved, and adopted,
reading by title only and waiving further reading thereof.
Councilmember Zane moved to extend the meeting to 12:15 A.M.
Second by Councilmember Olsen. The motion was unanimously
approved.
13-A: ANIMAL SACRIFICES: Presented was the request of Patty
Shenker, Doug stoll and Linda Buckell to address Council
regarding animal sacrifices. Mayor Pro Tempore Genser moved to
waive the rules and allow a substitute speaker. Second by
Councilmem.ber Zane. The motion was unanimously approved. Terri
Macellaro addressed Council. councilmember Zane moved to refer
this matter to the City Attorney to review and return with
recommendations within three months or sooner. Second by
councilmem.ber Olsen. Discussion followed. Councilmember Zane
withdrew his motion. Councilmember Olsen moved to refer this
matter to the City Attorney for review and return with
recommendations within three months or sooner. Second by
Councilmember Katz. Motion was approved, Mayor Abdo opposed.
5-K: LEADERSHIP STRATEGIES FOR HOUSING AND COMMUNITY ECONOMIC
DEVELOPMENT CONFERENCE: Presented was the request of
Councilmember Vazquez to address Council regarding attendance at
the Leadership strategies for Housing and Community Economic
Development Conference in San Antonio I Texas. Mayor Pro Tempore
Genser moved to approve attendance of any councilmember. Second
by Councilmember Katz. The motion was unanimously approved.
5-N: BUILDING HEIGHT: Presented was the request of Mayor Pro
Tempore Genser to discuss directing the City Attorney to prepare
an ordinance (or emergency ordinance) to lower the permitted
building heights on Pacific Coast Highway/Palisades Beach Road
north of the Santa Monica Pier. Mayor Pro Tempore Genzer moved
to direct the City Attorney to prepare an emergency ordinance.
Second by Councilmember Katz. The motion was unanimously
approved.
5-0: LETTER OF RESIGNATION/CAROL E. HETRICK: Council accepted
with regrets the letter of resignation of Carol E. Hetrick from
the Personnel Board and authorized the City clerk to advertise a
8 April 9, 1991 ..
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notice of vacancy. Councilmember Zane moved to authorize the
City Clerk to publish a notice of vacancy. Second by
Councilmember Katz. The motion was unanimously approved.
5-E: LETTER OF RESIGNATION/VITO CETTA: Acceptance of the letter
of resignation of Vito cetta and the appointment of members to
the Bayside District Corporation was continued to the meeting of
April 16, 1991.
5-F: SOCIAL SERVICES COMMISSION: The appointment of a member to
the Social Services Commission was continued to the meeting of
April 16, 1991.
5-G: ARTS COMMISSION: The appointment of members to the Arts
commission was continued to the meeting of April 16, 1991.
5-H: WESTSIDE URBAN FORUM: The request of Mayor Abdo to discuss
approval of City membership in the westside Urban Forum was
continued to the meeting of April 16, 1991.
5-1: LETTER OF RESIGNATION/IRVING H. LASKEY: Presented was the
matter of the acceptance of the letter of resignation from Irving
H. Laskey from the commission on Older Americans and
authorization to the city Clerk to publish a Notice of Vacancy.
Councilmember Holbrook moved to accept the resignation with
regret and authorized the City Clerk to publish a Notice of
Vacancy. Second by Councilmember Katz. The motion was
unanimously approved.
5-J: SANTA MONICA HIGH SCHOOL GRAD NITE: Presented was the
request of Mayor Abdo to discuss a contripution to the santa
Monica High School Grad Nite event. Mayor Abdo moved to
authorize a contribution of $IO,OOO.oO if matched by event
committee. Second by Councilmember Katz. The motion was
unanimously approved.
5-L: CALIFORNIA ENERGY COMMISSION: Presented was the request of
Mayor Abdo to discuss waiving the fee for the use of the council
Chambers by the California Energy Commission on April 3, 1991-
Mayor Pro Tempore Genser moved to approve waiving the fee for the
use of the Council Chambers. Second by Councilmember Katz. The
motion was unanimously approved.
5-M: APPOINTMEN~S TO CITY BOARDS AND COMMISSIONS: Presented was
the request of the City Clerk for authorization to advertise for
annual appointments for various city Boards and Commissions.
Councilmember Zane moved to approve the request of the City
clerk. Second by Councilmember Katz. The motion was unanimously
approved.
a-B: MORATORIUM/BASEMENTS AND UNDERGROUND GARAGES: The
ordinance for introduction and first reading extending the
moratorium on construction of basements and underground garages
beneath required yards in the Rl Zone was continued to the
meeting of April 16, 1991.
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9 April 9, 1991
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. 9-A: LAND USE AND IMPLEMENTATION PLAN OF LOCAL COASTAL PROGRAM:
The recommendation to adopt a resolution approving Land Use and
Implementation Plan of Local Coastal Program was continued to the
meeting of April 16, 1991.
9-B: BEACH PARKING LOT FEES: The recommendation to adopt a
resolution to increase the maximum daily beach parking lot fees
was withdrawn at the request of staff.
9-C: CLOSED SESSION: Not held.
14-A: JOINT MEETING/BAYS IDE DISTRICT CORPORATION/PLANNING
COMMISSION/CITY COUNCIL: The request of Councilmember Zane and
Councilmember Katz to discuss scheduling a joint meeting of the
Bayside District Corporation, Planning Commission, and City
council about issues on the Third street Promenade was continued
to the meeting of April 16, 1991-
ADJOURNMENT: At 12:15 A.M., the meeting was adjourned.
ATTEST: APPROVED:
Clarice E. Johnsen Judy Abdo
City Clerk Mayor
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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: David Martin, 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
04/09/91 Date.
XX Approved based on the following findings and
subject to the conditions below.
Denied.
other.
EFFECTIVE DATES OF ACTIONS:
04(24/91 Case #CUP 90-075
04/20191 Case #VTTM 50221
EXPIRATION DATES OF ANY PERMITS GRANTED:
04/24/93 Case #CUP 90-075 (2 Years)
04/20/93 Case #VTTM 50221 (2 Years)
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES:
07/24(93 Case #CUP 90-075 (3 Months with written request)
04/20/96 Case #VTTM 50221 (3 Years with written request)
TENTATIVE PARCEL MAP 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 the 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 PER}lIT CONDITIONS
Plans
1. This approval is for those plans dated 10/05/90, 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 1 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 wi th subchapter 5B
(Landscaping Standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
II. 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 unit(s) on the subject lot,
per and subject to the provisions of Section 6670 et seg.
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 Division approval a rodent and pest
control plan to ensure that demolition and construction
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activities at the site do not create pest control impacts
on the project neighborhood.
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 buildingsi 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 measureSj 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel i 13) Provide a drainage
plan: 14) Provide a construction-period parking plan
which shall minimize use of public streets for parking;
IS) 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 ownerts 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.
31 . Any lofts or mez z anines 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 4211 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
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 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 (HUD) 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
I) responsibilities of the developer for making the
unit (s) 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 return to the Planning Commission for
review of project plans which shall include a third floor
setback a minimum of 40' from the front property line and
30' from the center line of the rear alley, and a total
of five units. Any decision of the Planning Commission
with respect to the layout of design within the parameters
which the Council has approved is appealable to the City
Council. The square footage on the third floor shall be
within 5% of that illustrated in the conceptual shading
illustration provided by the Architect during the 4/4/91
City Council hearing.
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TENTATIVE TRACT MAP CONDITIONS
l. 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 subdi vision 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.
s. 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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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, Vazquez, Zane
Nays: Genser, Olsen
Abstain: Katz
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 city Council of the
city of Santa Monica.
signature date
Clarice E. Johnson, C~ty Clerk
Please Print Name and Title
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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
PCjCCST9075
011:
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