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SR-091091-6K qE;:~l 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 - 1 - 6-1::: SEP 1 0 199J --- ~ 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 - 2 - 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 - 3 - . . Attachment A - 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. 1 April 9, 1991 ~ J "- 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 ' . .. 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: , 3 April 9, 1991 ~ . 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, '- 4 1991 . 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/ ,5 April 9, 1991 ~ . 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 , . 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 . ~ 7 Apr~l 9, 1991 . 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 .. . 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. .. 9 April 9, 1991 l . 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 ~ - - - - - ~ . 10 April 9, 1991 i . . ; ~ ..J.'; :-! i" t I ~ . . 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: 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 - 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 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 - 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 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. - 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 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. - 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 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 - 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 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. - 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 ownerts 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. 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. - 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 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. - 9 - - -- --- 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 - 10 - 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 - II - - ------ ------ --- - - 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: - 12 -