SR-7-A (55)
-""'- -:--.c,s ~
ROSARIO PERRY
.. ""S.,ss;':........ :::::;'lIlClUlr-:...,
::CE.:..r-. :"/EN:...E LA.W C~~iCES
'~33 XEA~ ':''./EN~::
S":"I~TA \.'CNICA C"':"l ~CRf\;IA oeM:::'
(21 J) 394-9831
FAX (213) 394-4294
APPEA~ RE: CUP 90-075/VTM50221
Appl1cant Lance Lentz appeals from the Plann1ng
COMM~5s~on act10n and/or ~nact~on on h~s applicat10n to
bU1ld a 6 un1 t, three story condOm1n1.Um on the follow~ng
grounds:
1. The Plann~ng COmrn1SS1.0n has not yet acted on h~s
appl~cation; therefore, the 50 day deadl~ne has ~assed, and
the tract map 1.S deemed approved as submitted. See Gov. Code
S66452.4.
App11cant rece1ved h1s deemed complete letter on
October 23, 1991. The subdl.vision deadl~ne was December 12,
1990, as 1t ~s shown on the staff report.
App11cant was
scheduled for the December 5, 1990 meet1ng. At that meet~ng,
due to the number of proJects on the agenda, he consented to
have hl.s matter contlnued to January 9, 1991.
(He wanted ~t
cont~nued to the December 26, 1990 meet~ng, but Staff stated
that the 26th agenda was full and asked h1m to consent to
the January 9th).
At the January 9th, 1991 meeting, the
matter was once aga~n continued, th1s time to January 23,
1991, this t~me without App11cant's consent. The 50 day
deadllne clearly ran then on January 9, 1991. Even ~f the
City argues that applicant wa1ved the 50 day deadllne to the
meet1.ng of January 23, 1991, since no act1.0n was taken at
that meet~ng, the 50 days ran the next day (January 24,
1991). The 6 un~t tract map 1.5 therefore deemed complete.
('\~
. lllJ 3 ,~
CLIE6C/LENNON#11/12/2-1~~1 1
:./-,-.i re~.~c'ea D"Der
._.~
App11cantts pos1t10n that the Plann1ng Comrn1ss~on
too~ no act10n 15 based on the followlng. App11cant's
proJect was a 3 story, 6 unlt bUlldlng. A mot~on was made
at the January 23rd Plann~ng Commlss1on meetlng, ~o approve
the pro:; ect COnc.l tlonal on a two story helght 1~m1 t. The
CorMusSlon voted 3 to 3 on that motion. Plannlng Staff
stated that a t1e vote amounts to a denlal of the
app11cat~on. That adv~se was contrary to City Attorney
oplnion to the C~ty Council Memorandum #90-16 (attached
hereto for your reference as Exh~bit "1"). In that op~nlon,
the c~ ty Attorney stated that "we conclude that on a tle
vote, no Clty CounCll action lS taken." Referring and
c~t~ng to Roberts Rules of Order, the opinlon further stated
"~n case of a t~e vote for or agalnst a mot~on, 'the motion
~s not adopted and the sltuatlon remains unchanged.'"
Well, what was the sltuat~on before the Plann~ng
Comrn~ssion's vote? The sltuatlon was that there was a
pending app1icatlon. No actlon was taken on lt before, and
no actlon was taken on It after the tie vote.
What would have happened ~f the mot~on had been
phrased to deny the three story appl~cation? Would a tie
vote then have resulted 1n the approval of the proJect,
since the mot:ton to deny had failed? Clearly not. But,
that lS the same reasoning staff used to advise the
Commlsslon at the January 23rd hearing.
In addition, the S9361 of the
requ1res the Plannlng Commlss~on to
CJ. ty IS Zonlng Code
e~ther "approve",
G0Jq
CLIE6C/LENNON#11/12/2-1-91 2
"cond1tLonally approve", or "deny" the tentat1ve tract map
w1th~n 50 days.
It does pot allow the Plann~ng Comrniss10n
to take no act10n and hold that at t~e vote 1S deemed
den1ed.
(The Plann1ng Comrn~ss1on apparently has no Rules of
Order for 1tS body to follow to state what a t1e vote should
be. )
Its ad hoc dec1s10n that a t~e vote on a mot~on to
approve. acts as a den~al 1S unsupported by any wr~tten law,
rule or regulat10n; and 15 ~n d~rect contradictory to the
above-referenced
C~ty
Attorney
op1n10n.
The
Plann1ng
Comrn155~on should have made a motl.on to deny the proJect
which, to be effect~ve, should have rece~ved 4 votes.
Aga~n, a tl.e vote would be no action.
The four vote requirement ~s d~ctated by 59363 Santa
Mon1ca Zon~ng Code entl.tled Denial.
That section requ1res
the COrnm1SS1.0n to make spec~fl.C fl.ndings, 1f it ~s to deny a
tentatl.Ve tract map.
In otherwords the Comm1ssion cannot deny a tentative
tract map unless l.t makes one of the specl.fl.c fl.nd~ngs set
out there~n (see also Gov. Code 565589.5). A t~e vote or a
motion to approve the proJect with cond~tions, cannot
possibly be ~nterpreted to be the Comml.ss~on's adopt~on of
one of the spec~fic findl.ngs of 59363 City Zoning code.
Unless the Comml.ssl.on adopted one of these specifl.c factors
by a 4 vote margin w1thl.n the 50 days, then no denial would
be approprl.ate and the map would be deemed adopted as
subml.tted. Zoning Code S9362(b) states that ~f no action 1.S
taken by the Plannl.ng Comnussion within the 50 days,
then
a O.j i)
CLIE6C/LENNON#11/12/2-1-91 3
"lot
h .,
s,.a _.1.
be
the duty of the CLty C..erk to cert.:fy
the
approval".
THE FOLLOWING GROUNDS ASSUMES
THAT THE PLANNING COMMISSION'S VOTE WAS
A DENIAL. THESE ARGUMENTS ARE BEING
MADE TO EXHAUST APPLICANT'S
ADMINISTRATIVE REMEDIES, AND ARE NOT
INTE~DED TO BE A WAIVER OF THE
APPLICANT'S POSITION THAT THERE HAS
BEE~ NO PLANNING CO~~ISSION ACTION.
2. The Plann~na Comm~ss~on's denial ~s ~n violat1on
0: Gov. Code S65589.5. ·
Gov. Code 565589.5 states ~n part:
"When a proposed hous~ng development project
compl~es with the appl~cable general plan,
zon~r.g and development pol~c~es ~n effect at the
t~me that the hous1ng development proJect's
appl~cat~on ~s determ1ned to be complete, but
the local agency proposes to disapprove the
project or to approve 1t upon the cond1t~on that
the project be developed at a lower dens~ty, the
local agency shall base i ts dec~s1on regard~ng
the proposed hous~ng development proJ ect upon
wr~tten f1nd1ngs supported by substant~al
evidence on the record that both of the
follow~ng cond1t~ons eX1st:
"(a) The housing development project would
have a spec1f1c, adverse ~mpact upon the publ1C
health or safety unless the project ~s
d1sapproved or approved upon the condit1on that
the project be developed at a lower density".
"(b) There 1S no feas~ble method to
satisfactorily mit~gate or avoid the adverse
~mpact 1dent~fl.ed pursuant to subdiv~s~ons (a),
other than the disapproval of the hous1ng
development project or the approval of the
project upon the cond1t10n that l.t be developed
at a lower dens~ty".
The present project ~s conSl.stent w~th the general
plan and meets zon1ng and development po11cies. Therefore,
CLIE6C/LENNON#11/12/2-l-91
G \) '11
4
Plann~ng Comm~ss1on's d~sapproval would have to be based on
the grounds of (a) and (b).
Clearly, pub11c health and
safety ~s not an lssue w~t~ thlS proJect, and noth~ng in the
test~rnor.y at the hear~ng or the wr~tten record even
addressed the ~ssue. Furthermore, Gov. Code S65589.6 places
the burden of proof on the City to show that it has comp11ed
wlth S65589.5 In any subsequent actlon f~led.
Just last year, an almost ldentlcal proJect was
approved on th~s same street (the Chang proJect at
1~r-3
11 th Street, CUP #: Sq.o"tlo ). How these two slmilar proJects
could be treated so differently by the Planning Commlss~on
shows the arbltrat~veness of thelr denlal of thlS proJect.
[No land use/zon~ng law affect~ng thls ne~ghborhood has been
changed s~nce the Chang proJect].
If the law ~s exactly
the same s~nce the Chang proJect was approved, and the Chang
proJect is almost ident~cal to th~s proJect, and thlS
proJect ~s d~rectly across the street from the Chang
proJect, hoYJ can this proJect create a IIspec~fic, adverse
~mpact upon the publlC health or safety" of our c~ty?
_3. The Planning Comm~sslon's denlal is a violation
of the City's requirement to provide it's fair share of
reglonal houslng needs.
As was stated by Appl~cant' s representatlve at the
Planning Commission hearlng, SCAG's (Southern California
Assoc~ation of Governments)
study indlcates that Santa
Monlca must produce almost 1,000 new units per year in the 5
year perlod 1989-1994 to sat~sfy ~ts falr share of housing
unlts. It has only produced approximately 350 units in 1990
and less than that in 1989. The C~ty's continued denlal of
CLIE6C/LENNON#11/12/2-1-91
5
v 0 (1 2
nult~-fa~~ly construct~on and/or ~ts reduct~on of the nUMber
of unlts proposed lS a vlolatlon of Government Code
565583(a) (1) a:ld 65584(a) wh~ch requ~res the C1ty to meet
lts falr share of hous~ng un~ts.
4. The Plannlng Comm~sslon's denlal was a V~olatlon
of owners/appl1cants c~v1l rlghts as well as a v~olat~on of
Gov. Code S66474.2.
All owners have the right to equal treatment under
the law and the rlght to develop thelr property wlthln the
appllcable land use of zonlng laws WhlCh apply to the~r
property. In add~t~on, Gov. Code S66474.2 requlres the c~ty
to apply to reVlew of the proJect only those laws ln effect
when the map appl~cat~on was f~led w~th the C~ty.
The laws are thus frozen ~n place whlle the proJect
goes through the government process. This proJect complies
w~th all eXlst~ng laws affecting ~t. To deny the proJect as
proposed
is
a
v~olatlon
of
owners'/appllcants'
constitutlonal rlghts to equal treatment.
The Planning
Commlssion's denial, In effect, amounted to a spot zonlng of
thlS spec~fic property. It lmposed a restricted development
standard on th~s proJect whlch does not apply to any of the
adJoinlng propert~es ~n the nelghborhood.
The Plann~ng
CommiSSlon even voted (tle) to deny a two story use of this
property. Thus, the Commission has spot zoned thlS property
to a one story use. There ~s no other helght restriction in
any other part of the C~ty.
Spot zoning vlolates Gov. Code S65851 and S65852
wh~ch
requlre
unlform~ty
of
zoning
wlth~n
specif~c
districts.
It ~s also unconstltutlonal (see Reynolds v.
CLIE6C/LENNON#11/12/2-1-91
6
0043
Barrett (1938) 12 Ca1.2d 244).
If th~s property were zoned
to be cons~stent w~th the Planr.~ng COmM~ss~on's den~al, ~t
would be ~llegal spot zon~ng. It ~s no less ~llegal because
the Comm~ss~on acts even w~thout the benef~t of an 1n place
"
zon1ng law.
5. The den~al pf the proJect lS a v~olat~on of Gov.
Code S66427 and Program 6 of the C1ty'S Houslng element, and
as such, amounts to d~scr~m1natory treatment of applicant's
pro] ect solely because 1 t ~s a condom1n~um rather an an
apartment.
Program 6 of the eXlst1ng hous~ng element states that
zon~ng requirements for mult~-fam~ly
owner occup~ed hOU5 ing
(1.e. condom~n1um, rental hous1ng, and cooperatlves), could
be ldent~cal "unless compell1ng reasons eXlst JUst~fY1ng
dlfferent standards."}
It 15 clear that thl.s proposed proJect could have
been bu~lt as an apartment bu~ldlng w~thout any Plannlng
Cornrnlss~on review. As an apartment bu~lding, ~t quallf~ed
for adrnln1strat1ve approval.
What JUst~f1catlon exists,
then for treating it dlfferently (denYlng it altogether)
because it is a condominlum rather than an apartment?
Gov. Code S66427 states:
[N] or shall the government body
have the rlght to refuse approval of a
parcel, tentative or f~nal map of such a
proJect on account of des1gn or locatlon
of buildlngs on the property shown on
the map not v10latlve of local
ordlnance. . ."
Therefore the Plann~ng Commiss~on IS denlal of the
tract map because of the des~gn and helght of the bu~lding
was clearly 1n violatlon of th~s Government Code sect~on.
G 0 It .1
CLIE6C/~ENNON#ll/12/2-1-91 7
WHILE THE PLANNING COMMISSION DID
NOT ADOPT ANY OF THE FOLLOWING RATIONALE
AS REASONS FOR THE PROJECT DENIAL, THEY
DID ALLUDE TO THEM AS POSSIBLE REASONS
FOR THEIR ACTION/INACTION.
6. Lack of env~ronrnental rev~ew ~s not a grounds
for cernal.
State
and
C:lty
laws
regarding
environmental
analysis contain dl.rect exemptlons for constructl.on of 6
unlts or less in urban areas. CEQA regulat1.on lS303(b)
[class 3] and Santa Monl.ca CEQA gUl.delines Article VII,
sectl.on Sc [class 3 J .
CEQA should not be used as a
scapegoat for bad plann~ng dec1.s~ons.
7A. Potentlal Hl.storl.C Dl.str1.ct consideratl.on 1.S not
a leg~timate grounds for denl.al.
The 1200 block of 11 th Street ~s not an hlstorl.C
d~str~ct. The Landmarks Commissl.on revl.ewed this street for
potent~al d~strl.ct deslgnatl.On at their meetings l.n October,
1989, November, 1989 and December, 1989. They dec1.ded that
the street d1.d not warrant even a study for distrl.ct
des~gnatl.on. The eX1.st1.ng bungalow on Appll.cant's property
1.S not of landmarks status.
A much better bungalow (the
Changs I) across the street, was denl.ed Landmark status in
November/December, 1989 by the Landmarks Comrnl.ssion. There
1.5 no City law wh1.ch allows denial of thl.s proJect based on
landmark cons~derat1.on unless the specific to-be-demoll.shed
bUl.ld~ng 1.5 a landmark, or unless the bUl.lding ~s a
contribut~ng structure withl.n a desl.gnated dl.str~ct.
Even in these cases, however, the owner has the right
to apply for demolition on hardsh~p grounds.
What some
members of the Plannl.ng Comm~ss~on seemed to do was deny the
DLJrJ5
CLIE6C/LENNON#11/12/2-1-91 8
proJect because of the "potent1al" h~storic s~gnlflcance of
the bu:;galow or of the street as a d~str 1Ct.
In effect,
these Corr.r.uss::..or"ers establ.tshed a "de facto" d1strl.ct
des::..gr.at1o~ ar.d prevented de~ol.tt1on 0: the bU11d~ng. Th1s
de facto des1gnat1on 1S unauthorl.zed, and thus a v101at1on
0= app11cants c1v1l r1ghts under color of law. It 1S also
equally damag::..ng, because there are .!!.9. ex~st~ng statutory
procedures WhICh allow demol~t10n based on hardsh1p, as
there would be lof the bU11d1ng were properly des1gnated a
landmark, or place w1th~n a h1stor~cal d~strict.
Finally,
appl~cant was den1ed procedural and statutory due process
w1th thlS de facto des1gnat1on, because the Clty'S Landmarks
ord1nance gU1de11nes were not followed.
7B. ~he subJect bungalow on the proJect s1te ~s not
11sted on the 1983 W1ndsh~eld Survey.
Opponents of the proJect mis1nformed the Commission
that the applicant' S bungalow had been l1.sted on the 1983
"W1ndsh~eld Survey" of potent1al hlstoric bU11d1ngs. Page 46
from that survey shows that subJect property at 1226 11th
Street ~s not on the survey.
See Exh1b1t "B" attached
hereto.
Th~s clearly erroneous statement may have m1slead
some Commlssioners who were concerned about th1S bU1lding's
potential h1storic s1gnlficance.
8. The proJect's alleged lack of compatib1l1ty w1th
the ne1ghborhood is not proper grounds for denial*
While the Staff Report at page 3 talks about
ItNe~ghborhood
Compat~b~lity"
as
a
cons2derat2on
for
approval, no part of the zon1ng code allows such a
determ1nat1on to become a factor l.n denying a condom1niwn
a J i'l(\
CLIE6C/LENNON#11/12/2-1-91 9
proJect.
Therefore, den~al on th1S ground would be a
unlawful. The closest sect10n Wh1Ch deals w~th ne1ghborhood
compat1b1l~ty 15 the Cond~t~onal Use Perm~t sect~on of the
C1ty'S Zon~ng Code, at Sect10n 9114.1.
Sectl.on 9114.4(b)
and
(e)
F1nd~ngs,
establ~shl.ng cr~ter~a for establish
cons~derat~on of a CUP:
(b) "The proposed use would not 1mpa~r the
~~tegr~ty and character of the d1str~ct 1n wh~ch
1t ~s to be establl.shed or located."
and
(e) "The proposed use would be compat~ble w~th
exist1ng and perrnl.ss1ble land uses W~ th1.n the
distr~ct and the general area ~n wh~ch the
proposed us 15 to be located."
It 15 clear from a read~ng of S9114.4(b) and (e) that
these "compatibi11ty" con5~deration do not apply to "he1ght"
of the proposed bU1.1d~ng, but rather solely to use density
or bulk of the proposed build~ng.
The "use" of the
appll.cant's
bUl.lding
is
"residential."
See
S9000.3
Def1n1t10n5 "USE":
"eSE. The purpose or act1v~ty for
wh1.ch land 1.5 zoned or a structure
~s intended or used."
Resident~al use, of course, ~s the overwhelming use
in the d1strict.
Also 1.nstructive ~s S9l14.4's use of the
word "d1str1ct."
It does not refer to "nel.ghborhood."
"D~str1ct II of course means the area w~ th1n the specific
zon~ng d~str~ct's boundar~es.
"Ne1ghborhood compat~b1.lity" for condom1n1UIn reV1.ew
~s an ~mproper considerat1.on, l.n that 1. t 1S not a factor
WhlCh has been estab11shed by law.
It 1.5 a legally
unsupported term, w1th no statutory support whatsoever.
ODd (
CLIE6C/LENNON#11/12/2-1-91 10
Worse than ~ts lack of legal support however, ~s that
~t has been appl~ed w1thout any wr~tte~ gUlde11nes to deny
proJects from tlme to t~me. It's vagueness clearly leads to
abUs~ve and arb~trary appl~cat~on. P~ann~ng dec~slons
should be based on laws, not Wh1MS.
Thl.s case 1S a perfect e.xample of the abusive and
arbl trary use of "Ne~ghborhood compat~bl1i ty. II The mot~on
to reduce the proJect from three storles to two storles was
prefaced w~th the statement that the proposed proJect was
out of character w~th the nelghborhood.
What ~s the nelghborhood? And what written law or
regulat~on deflnes what the boundarles of the nelghborhood
are? And, how many three story bUl1dlngs does it take to
make a 3 story compat~ble w~th thlS eluslve neighborhood?
And, what cons~derat~on should be glven to the fact that 3
lots on the same side of the street (includlng the ad]Olnlng
bu~ldlng) are three story, and one 3 story proJect d1rectly
across the street has Just recently been approved by the
Plannlng Cornmiss~on based on a spec1flc findlng that the 3
story condominium was compat~ble w~th the neighborhood.
What better example of arbltrat~veness could be found than
this: two almost ldentical bUlldlngs, both three story on
the same block, across the street from each other. . one
25 speciflcally found be be compatible and the other
apparently not.
In addition,
lncompatlbllity flndlng assumes
this
CLIE6C/LENNON#ll/12/2-l-91 11
alleged
that three
ne~ghborhood
storles
are
a I) /1 8
somehow ~ncompatLble to two and one story bU1ld1ngs. Th1s
makes no sense, espec1ally when one cons~ders that the
zon1ng for th1S area was estab11shed at 3 stor~es as late as
3 years ago. The C1ty Counc~l, through its 3 story zon~ng
des1gnat1on has determ~ned as a matter of law, that three
stor1es are perm1tted and thus compat1ble with1n th1s zone
d~str1ct. Ne~ther the Plann1ng Comm1ss~on nor the C~ty
Councl.l (w1thout amend1ng that zon~ng ord1nance), can now
contrad1ct that find~ng on a proJect by proJect bas~s.
CONCLUSION
For all the above reasons, Appellant requests that
h~s appl~cat1on be deemed approved as submitted. In the
event that the C1ty Clerk does not immediately do so, then
Appellant requrests a hearing before the City Counc~l on h15
appeal. Th~5 request for a hearing, 15 not 1ntended to be a
waiver of h1s r1ght to br1ng a separate c~v11 action ~n
Mandamas, seek1ng an order d~rected to the City Clerk to
certify the tenatl.ve tract map.
0049
CLIE6C/LENNONtll/12/2-1-91 12
SEN- BV SAN-A ~ON:CA
,10- 2-90 2 01P. .
,.. . -v ......- _ ,-"
~. .... ",;-.~c.'"
I.AW OF:::~E:' 2
KBKOP.A:blDV"H NUKBER 90-16
nOM i
Augu.t 2', 1990
Hayor and City Council
!toe.rot K. Hyer., City Attorney
Jo..ph Lawrance, A..taunt. City Attorney
Ertact ot T11 C1ty Counoil vota an Appeal trom
Decia10n Of Planninq C~1..1on
OATE
l!'Ot
Stf&J'BeT :
A qu..tion hU ari..n concerninq what the effect ia ot a
tie C1ty counc1l vote on an appeal :from a d.c1.ion of the
flaM1nCjJ COJllZll1..1on. W. conolude that on a tie vote DO city
council ace10n 1. taken. The reaul t i. that the Panning
Coul..ion'. deci.1on 18 volClad. In other words, a tie City
Counoil vote wip.. the .late clean 80 that not evan the Planninq
commi..ion'. decision to approve a project i. implemented.
ANALYSIS
The Zoning COd. provide. a. follow.:
An action of the [Planninq) cmmai..ion
appealed to the C1~ council .hall not
become .ff.c~iv. unl... and until
approved by tha City Council. Santa
Monica MUnicipal Code Section 1132.4(>>).
Two thimJa about tb1. S~ion are not.able. 'l'be tint i.
that once an app.al i. ~ak'n troa a Plaftninq comai..ion decislon,
t:ha~ c1eat.ion i. .tayu or not operule. Tho second i. that. it
takes eo.. .ft:1~.t.iv. &0't10n Oft the part:: ot 'the C1ty Council
upholclift9 'the Moiaion ot ~. Plann1ft9 COIImi..ion in crier tor
the lat.t.ar'. deai.ion to be 1JIpl__nted.
A t:1e City Council vat. doe. not amount to the approval or
a Pl.nni~ CgmaJ,..ion c1sc:.1.ian nage...ry vi thin the llun1ng ot
Sect.ion '1324 (b). Rather, tha atrect 11 1u.~ 1:he oppo.1~e.
'inc. on ..p~.l the City counc1l is sul)lt1tut1ng 1~. jw1gaant toZ'
that ot the Planninq Commi..1on, with the C1cy council actin; aa
the tinal deci.ion maker, a tie VO~. ~ it amounts ~o
non-approval. ot . proj ect. The Pla1U\1nq COIDI1..1on'. 4801.10n
cannot. be r.1~tate4 because purauant to seaclon 91324.4(b) tha~
deei.ion has no errect. once a timely appul nas "'en file4. 1'h.
dec1110n ot ~h. City Cauncil ItandS in place of the decision ot
the Planning comm1..1on.
8LJ::JO
- 1 -
S~N- av SAN-A ~O~::A
, ,C- 2-9J 2 nPlil .
c: -.... r-,:~ilc:....
...A" OFF:CE,I 3
Thi. un4er.tandinq of the ocn..quenee. of a tie vo~a i. in
h&r.aony with the rule. whioh qQvarn City council meet.inq.. Rule
2~ ot the Rul.. tor City CO\lnoil H.eti.nq. p~ovic:l.. ~ba:t ,. [t J io
votas snall be lo.t mot.ien. and may be reconllid.era4." Moreover,
th... rule. state t.hat except when they provide otherwi.., the
prooe4ure. of t.he City Council .hall be governed by RCD.rta Rules
of Order. Rule 15 of the Rul.. tor city council M..tin98. A8
in1:az:oprete4 by the Att.orney Oeneral, W14er !lcDere. aul.. or
ord.er, in ca.. of a tie vote ter ~r Ilqa1nst a :clot1on, "tne mot.10n
i. not adopt.d. and the .1 tuatlcn remain. unChanqeCl, " 63 op..
eal. Atty. Gen. G'S, 700 n.J (1'79).
We realize tna~ ~1. op1n1on repr..ent. . chanqa tram
adv1ce that ~ne Cl'ty Attorney', o!:f1ce hall pr.v1ously qiven I
Howevlr, ~at ..r:1er a~v1c. wa. based on an und.r.tand1nq of now
~a now .uper.eded no1d" zoninq code work.d and was not baaed on
thl lanquaqa adopted in the current lon1n;o code.
The C1ty Council may want to amend its rul.. ot procedure
~o .tat. that when 1t acts on an appeal trom a City commi..ion, a
tie vote by the c~ ty COlmcil rein.tat.. the decis10n of the
Comm1..ion. Th1s i. the etrect, tor instance, of a tie vota by
the Supreme Court. In ad.c11tion, the City council may want to
amend the zoning code to provide tor the .ame re.ult.
jlm474/hpc::
GaOL
- 2 -
Prellmlnary survey
Santa MonIca
Numbered streets
1112
1348
1330
1328
1322
1437
1443
1900-2500
2913
lIen Street
337
348
401
438
443
447
507
520
524
603
523
627
728
84B
947- 953
957
1l43-1l45
1144
1216-'"
1223
1229 (?)
1233
1239
.1253
1255
.l257
1444
1447
l52-l
1518 ( ? )
1810 (?)
1813
1823
1848
1907
1923
1930
2000-2500
~
oks.
oks.
Bungalow
Craftsman
Turn of Century
Turn of Century
Turn of Century
Bungalow
Turn of Century
Street trees
3ungalow
Peelod Rev~val
Spanl.sn
Am. Colonlal
Spanlsn .
Period ReVlval
Spanlsh
Peelod Rev~val
Bungalow
Bungalow
Spanl.sn
Period Revlval
Perlod Revlval
Bungalow
Spanlsh
Streamllne
Bungqlow
Regency
Crafesman
Craftsman
BU:1-:lalow
Bungalow
..I\m. Colonial
Am. Colonlal
Am. Colonial
Am. Colonial
Am. ColonIal
Queen Anne
Turn of Century
Craftsmarl
Craf~sr.\an
Craftsman
Spanlsh
Contemporary
Craftsman
Concrete wall
Craftsman
Bungalow
Sereet cre'i!S
- 46 -
::)welllng
DwellIng
Dwelllng
Dwelllng
Dwelllng
Dwellln;
Dwelllng
CO!TUIIunley
Dwelllng
deslgn feature
~h-lelllng
Dwelling
Dwellln;
Dwell~ng
Dwellin,3'
Dwell~ng
Dwell~n~
Dwell~ng
Dwelllng
Dwelllng
Dwell~ng
Dwell~ng
;)welllng
Apartmenc:. coure
t\:;>art.ment
D\-Ielllng -
Apartment.
Dwelling
Dwelllng Orlent.al
:::>welling
DwellIng
Dwelling
DwellIng
Dwelllng
Dwelling
Dwelling
Dwelling
Dwelling
Dwalllng
Dwelling
Dwelling
A;>artment court
Condorninlums
Dwelling
Dwelling
JwellinlJ
Communlty desl~n feature
,,- --.
VU;:),~
;.AW C~~CES 01
ROSARIO PERRY
.. PQQl-. 5SIO"'.... cOQQoOrv. TION
OCEAN A\lEI\;UE. LAW Of=f=lCES
, 333 OCEA.'..; A\I~I\;UE
SANTA ....10N1CA CALIFORNIA. 90401
(213) 394-9831
FAA (213) 394-42<il4
February 13, 1991
Ms. Clar1ce Johnsen
CITY OF SANTA MONICA
CITY HALL
1685 Ma1n Street
Santa Mon~ca, Cal~forn2a 90401
RE~ Freedom of Inrorrnat10n Act
Dear Ms. John5en~
Please send me any and all wr1tten rules of order and
procedure for the conduct of the Plann1ng Comm15s10n
rneet.1.ngs.
sincerely,
RO~RRY
RP/tlf
EXHIBIT -k.
DO.) .3
f'TTFfl\("/T.E:NNONil1/14/2-1k91 3
~ .......
. -..
CA:RMM:jld492/hpc
City Council Meeting 10-23-90
Santa Monica, California
ORDINANCE NUMBER 1556 (CCS )
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 1A TO ARTICLE I
OF THE SANTA MONICA MUNICIPAL CODE RELATING
TO THE POSTING OF AGENDA NOTICES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOu.pWS:
SECTION l~ Chapter lA is added to Article I of the Santa
Monica Municipal Code to read as follows:
CHAPTER IA - NOTICE OF MEETINGS
SECTION 1120~
Posting of Aqendas
for Reqular Meetinqs.
(a) At least 72 hours before a
regular meeting of the City Councilor
any ci ty board or commiss ion, an agenda
of the meeting shall be conspicuously
posted specifying the time and l.ocation
of the meeting and a brief general
description ot each item of business to
be transacted or discussed at the
meeting.
00 J '1
""
- 1 -
EXHIBIT \)-\
(b) Action may only he taken on
items appearing on the posted agenda
unless one of the following conditions
are met:
(1) By a majority vote the
City Council, board or commission
determines that an emergency situation
exists that severely impairs public
health or safety.
(2) By a two-thirds vote, or
if less than two thirds of the body 1s
present by a unanimous vote, the Ci ty
Council, board or commission determines
that the need to take action arose
sUbsequent to the agenda being posted.
(3) The matter was continued
from an earlier meeting held not -more
than five calendar days prior to date
action is taken on the item, and at the
prior meeting the item was continued to
the meeting at which action is being
taken.
SECTION 1121. Postinq ot Aqendas
tor Special and Emerqency Meetinqs.
(a) At least 24 hours before a
special meeting of the Ci ty councilor
any city board or commission, an agenda
JlJJ
''-&
- 2 -
_,r" . .Ar........-.---~. -
,.,-- ":. .........--
of
the
special
meeting
shall
be
conspicuously posted specifying the time
and location of the special meeting and a
brief general description of each item of
b~siness to be transacted or discussed at
the special meetinq.
(b) Notice of the meeting shall be
provided City Council and board members
or commissioners in the manner provided
for in Government Code Section 54956.
(c) Unless an emergency occurs
that severely impairs public health or
safety, no business other than that which
appears on the posted agenda may be
transacted at the special meeting.
(d) Emergency meetings of the City
Council, boards and commissions may be
called and conducted in accordance with
the provisions of Government Code Section
54956.5.
SECTION 2 .
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
th1S Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affe9t the provisions of this Ordinance.
SECTION 3.
I~ any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
,... -
;; U J t,
....~
- 3 -
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it ~ould have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without reqard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Kayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
lL-J"1.t--vt- ~ . '--r<'---
ROBERT K. MYERS \j -
City Attorney
;)00(
- 4 -
....
~-
. ..
Adopted and approved this 30th day of October, ~990.
~~~
Mayor 'pro Tempore
I hereby certify that the foreqoinq OrdinaricG No. 1556 was
duly and regularly introduced at a meeting of the City Council on
the 9th day of October 19901 that the said Ordinance was
thereafter duly adopted at a meeting of the City Council on the
30th day of October 1990 by the following Council vote:
Ayes: councilmembers: Abdo , Genser, Jennings, Katz,
Reed, Kayor Pro Tempore Finkel
Noes: counoilmembers: none
Abstain: councilmembers: none
Absent: Councilmembers: Mayor Zane
A'rrEST:
-~l~
a 0 ::J ~1
....;
ARTICLE X-APPOINTIVE BOARDS AND COMMISSIONS
SEC1'ION [000 In GeneraL There shall be SECTION 1004 Meetings Ch&lnaa.n As
the fOUOWU1g enumerated boards and commlS soon as practicable, foUoW1ng the lim day of
slons which shall have the powers and duties JuLy of every year. each of such boards and
herem stated In addmon, the City Council may comml.SSlons shall organIZe by eleetlng one of Its
create by ordmaJ1ce such additional adVISOry members to serve as presiding officer. at the
boards or commISSions as m Its Judgment are pleasure of the board or commISSIon
reqult'ed, and may grant to them such powers Each board or commISSion shall hold a regu-
and duties as are consIStent With the prOVISions lar meeting at least once each month All
of thIS Charter proceedmgs shall be open to the publ!c unless
the natu re of any m vestigauon or proceed-Utg IS
such that In the opU\lon of such board or
commISSion the public mterest would best be
served by c10sllIg such meeting to the publlc and
the reasons thereCor are declared as a part of
such action The vote of a mlijOrlty of the entire
membership of such board or commISSion shall
be necessary for It tel take action
The <;Ity Manager shall deslgllate a CItY em
ployee to act as secretary for each of such
boards and commlS!i1ons, who shall keep a
record of Its proceedings and transactions
Each board or commISSIOn ma.y prescribe Its
own rules and regulations, whIch shall be con.
slStent Wlth thIS Charter aJ1d COpies of which
shall be kept on nIe III tlte office of the City Clerk
wnere tney shall be aV1Ula.ble (or publIC IIIspee-
tlon
SECTION 1005 CompellMl1on. The mem-
bers of all boards and commISSions, except
the Planning CommissIOn, shall serve wtthout
compensation for their 5el"VlCeS as such, but
shall receive reunbursement for necessary
traveling and other expenses when on
offiCial duty out of the City on order of the
City Council
Members of the Planmng Comml5Sion
shall re<:elve reimbursement {or ne<:e5Saty
traveling and other expenses when on
offiCial duty out of the City on order of the
City CounCil In addition, pursuant to an
ordln&n<:e duly adopted by the CIty Councll,
members of the Plannmg CommlSlllon may
be compensated 12500 per meeting up to a
SA.o..rr.... \10NICA CHARTER
muniCipal elec~lon and ul'tll h IS successor IS
elected and quahfted At ~"e nex.t general l""lU
I1Iclpal election foLlo....lIIg any .acarcy, a new
member shail be elected to serve for the re
malnlllg period of any unexpired term
H a member of the Board of Education
absents hlmselrrrom all regular meetltlgs of the
8<lard for a perIod of sixty days consecutively,
from and after the last regular Board meeting
attended bysuch member, unless by perm:SSion
of the Board expressed !flIts omclal mlnutes.or
IS convlcted of a crime Involvmg moral turpI-
tude. or ceases to be an elector of the School
DIStrict. hIS office shall become vacam and shall
be so declared by the Board of Education
SECTION 904 Presiding omeer. On the
first Tuesday followU\g any election at wh.cn a
Board member IS elected. the Board shall meet
and elect one of Its members as the preSiding
officer to serve at the pleasure of the Board
SECrION 1001 Appropriations The City
Council shall Include In Its annual budget suffi'
clent appropriations of Cunds Cor the effi<:lent
and proper functioning of such boards and
commlS~lIons
SEGrION 1002 Appointment. Tenn. The
members of each of such boards 0 r COmml.SS10nS
sltall be apPOinted by the City Council They
shall be subject to removal by motion of the City
Council adopted by at least five atrlt'mauvt!
votes The members thereol shall serve (or a
term of four years and until thelt' respectrve
successors are appolllted and qual1fied
The members fll'5t appolllted to such boards
and commISSions shall so classify themselves by
lot that th~ term of one of each of theU" number
shallex~llre each succeedlllgJuly lsL Where the
total number of tlte members of a board or
commISSion to be appointed exceeds (our, the
c(a.sswcatJon by lot shall proV1de (or the palTlng
of terms to such an extent as IS necessary In
order that the terms of at least one and not
more than two shall expire 1.11 each succeedmg
year
Thereafter, any appoll'itment to rill an un-
explt'ed term shall be for such unexpu-ed period
SECrION 1003 Eldadng Bo&n1a. The re-
SpectIVe tertnll of office of aU members of the
boards and commISSIOns enumerated III thIS
Article eM" lJI eXIStence at the time thIS Charter
takes effect shall termlJ\ate upon the effectIVe
dAte of thIS Charter and upon the appomtment
and qual1ficatlon of thelt' successors.
238
R 92
SECPO"" 905 General VlulUclp&l Election
Date for Board of Education If SeeLlOI' 1400
of tile City Charter :..s amended to c'lange the
dateofthe GeneraL MunLc'pal Election from the
second Tuesdav LII Apnlorodd numbered years
to the first Tuesday follOWing the nrst "'onday
In 'iovember of even numbered year:;. such
change shall be apoLtcable to the electJon of
members of the Board of Education under thIS
Charter
In the event such cl-tange becomes elTectlve.
for those elected members of the Board of
Education whose terms are scheduled to expLre
LI' April 1985 those terms shall expIre tn'l;o-
vember 1984 For those elected officers whose
terms are scneduled ~o expire LII Apnl 1987,
those terms shall expire III November 1986 The
terms of the officers elected tn Novemoer of
even numbered years shall begin on the first
Tuesday fotlo.....ng their electlOll
EXHIBIT r:u
[)0o~
So< ..5
4odo01H!
.1 SP't't!.l
'~anlC'l"'.~
Elt'C,loft.
..~
11...
o..nces
AdoPI"
6-1.....
50<1_
...IIIlIIIIH.
., S_..I
M_,..I
Eiootlolo
J_'
"'" -,
RnoI.._
"'0 ,""
(CCS)
-
e
e
e
e
-e
-e
Old- "w.,p
~ "'J' _ _~_. _........._
~""'I .....-._
SAXT A MONICA CHARTER
maximum of $10000 per month Such
compensation sha.U be deemed reimburse-
ment for out of pocket expenditures and
costs Imposed upon members "' serving on
the Planmng CommISSion Pllrsuant to an
ordll'lance duly adopted by the CIty Councll.
the amount of compensation for Planmng
CommISsioners may be II'Icreased by an
amollnt equal to the Increase In the Con-
sumer Pnce Index for each calendar year
from the operative date of the last adJust-
ment of the compensation 11'1 effect when
the ordll'lance L9 adopted The Consumer
Price Index (CPI) shall be the CPI for All
Urban Consumers for the Los Angeles, Long
Beach, Anaheun Metropolitan Area (All
Items), prOVIded by the Unated States
Bureau of Labor StatIStics or other com-
parable Index determined to be appropriate
by the City Council.
2381
R.92
SECTION l006 Oaths Amrmations Each
member of any such board or commISSion, and
the secretary thereof. shall ha\'e the power to
admulIster oaths and affirmations In any In
ve5ugatlon or proc~lng pendlIlg before such
board or commISSion
SECTION 1007 Planning Commls.lon
There shall be a City Planl'lLng Commis-
sion apPollHed by the City Council. one
member to be elected from Its own
0060
,
(
(,
~
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~
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..
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-. (
-' C
.:
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.,
.:;-
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;..:
-~
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~
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-
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SA ~7... ,'O:-:rCA ~n:~rC"IP'\L CODE
n!{,nlbC'rsh,p to pronde acl,,'c lIa,sen
\\ ,th the COI1lI1\1SSlon. but who sh3.ll
nelth{'r '1,1\ c a \ ote nor be eligIble to
be Ch,l.1r"llJn thercor and se\en mem-
bt"rs (r'orn the qualltie<l electors of ~he
e,t} none at whom Shall hoLd a.ny paid
otl'ice or PMploym".,t In the City gov.
ernmcont -rl"e CIty EnSlneer a.nd City
Attorney or thclr assl5ta.nts shall be In
attendance at all reg-ular llleeungs ot
the Comn115s:on
SECTIO:-; 1008 Planmnr: Commission.
Pon en and Outu'". The PlannIng Com-
nHUIO" shall haH! the pOl' er and be
required to
(.) After & public heanng thereon.
recon1mend to the City Council the adop.
tion amendment or repeal ot the Muter
PI:t.n. or any p3.rt thereof for the phYSI-
cal development ot the City,
(b) ExerCise sueh control over land
subdivisions &s is granted to It by the
gO\ er'l'ung body ot the City and by tone
laws ot the State ot CallCorrua,
{c} M 11 k e recommendations concern-
Ing proposed public worlui and tor the
clearanCe and rebUilding of blighted or
substandard areas wlt1lm the Clty, and
(d) EXercise such functions with reo
spect to zOning a. m~y be prescnbea by
ordln1nce
SECTION 1009. Llbraf')' Board There
shall be & Library BOloI'd conSisting of
dve members to be appointed by the
City Council from the quabfied electon
of the City and no member of S&.Id Boarc\
shall hold any paid office or employment
11\ the City government.
SECTION 1010 Llb....ry Board. Pow.
ers and Duties. The LIbrary Board shall
have charge of the administration of the
Santa Monlca Public Library, and shall
h~ve power and be required to:
(a) Make and enforce such by-la.wl,
rulu and reeu)atJolI.I .. may be neces.
sary for the administration. government
and protection of the City LIbrary;
239
R.5T
(bl Approve or dl5;2.flpro..-e the ~p-
pOlntment oC a Lib rana.n , and
(c) Accept money personal property
or real e!tate donated to the Llbrarv
Board of the Santa. MOnica Public Li-
bra.ry or Its predecessOr'
SECTION 1011 Persouel Baird There sh.all
be a Personnel Board cOllsuung 01 five
members to be appointed by the City CounCil
from the quailhed eleetol'1 of the City To be
ellglole (or appointment. each appointee shall
neither hold publ1c office or employment nor be
a candidate lor any other publiC office or POSI-
UOn and shall not be an officer of any loeal.
state or natIOnal parusan pohuca! chlb or
orfalUzatlon
The member of the Personnel Board shall
serve for a term of live yean and Wlulllletr
resp~uve successors are appointed and
qualllled The terms of such members shall be
S~I(ered so that the lenn of one Illereof shall
expire on each sacc:eecl1ng July 1St Any vacan-
cr. on the Board stall be filled by the City C0un-
cIl for the unexpired term '
SECTION 10t2 Penouel Board Powen aDd
DuUet The Personnel Board suLl have power
and be: required to
(., Approve or dlsappl'Ove the appolZltment
by the City Mana IeI' 01 a Personnel Director H
the Board ~kes no action on such an IpPOlnt-
ment wlltuo 30 calendar days of rece1vlnl
written nOuce frotn the City Mmaler of inten-
tion to make an appointment. the appointment
stands as approved.
(b I After a pubhc heanol thereon. ~m.
mend to the CIty Counal the adoption. amend-
ment or repeal of Civil Service rala and
regula lions .
(el Make any U1vestlptiaa wlucb it may c0n-
Sider dUlu.ble eoneenunl the adnumstral10D of
persoMel In the mUIUCJpal 1en'u:e and report
Its fmcllngs to the City CoullC1l. City Maua,U,
and Ute Personnel Director
(dl Hear appeals of any officer or employee
1ft the dasauled sen'u:e who lS lusp4mded.
demoted or removed. and report 10 wntmc to
the a!)pOlnl1ng authority. City Manaser. aDd
City Counal. Its fmdm.p, conc:luslODS. aDd_
recommendations. and
iel Act In an adVISOry capacity to the City
CouDcd and the Personnel Director otI per.
SOMe! admuulU'IUon
EXHIBIT .u~~
.... 1011
~
.,..
II 1151cc:l
.....
4-1217
... Iln
"-
--...
.. 11l51cc:1
.......
"It 11
:';0 ti 1
SANTA
MONICA
Clance E Johnsen
City Clerk
February 15, 1991
1685 M am Street
Santa Monica, CA 90401.3295
(213) 458.8211
Law Offices of Rosario Perry
Ocean Avenue Law Offices
1333 Ocean Avenue
Santa Monica, CA 90401
Dear Mr. Perry:
In response to your letter dated February 13, 1991, I am
forwarding for your information the following: Municipal Code
Pages 238, 238-1, 239 of the city Charter regarding the Planning
Commission and Ordinance No. 1556 (CCS) entitled: !tAN ORDINANCE
OF THE CITY COUNCIL OF SANTA MONICA MUNICIPAL CODE RELATING TO
THE POSTING OF AGENDA NOTICES. II All meetings are also held in
accordance with !tRoberts Rules of Order."
Your request for a certification of Tract No. VTM 50221 for a
condominium project at 1226 11th street has been referred to the
City Attorney.
Sinc~rely,
CHC
CEJ:j:t
jjr
aOb~
EXHIBIT UL4
LAW O~=<<:H ~
ROSARIO PERRY
A "'lO>f SSiO"<A.. C ooPOAA '10'0
OCEAN AvENUE LAW OFFICES
1333 OCEAN A VENUE
SANTA MONICA CALIFORNIA QQ<:O'
(213) 394-9831
FAX. (213) 394-4294
February 13, 1991
Ms. Clar~ce Johnsen
CITY OF SANTA MONICA
CITY HALL
1685 Main Street
Santa Mon1ca, Ca11forn1a 90401
RE: 1226 11th Street Condo ProJect
CUP' 90-075
VTM 502.21
Date of Hearing-
Demand That C~ty, Clerk Cert~fy Approval of
Tract Map
Dear Ms. Johnsen:
On October 23, 1991, my cl~ent:. .rece~ved a deemed
complete letter from the Planning Department on the
above-referenced proJect. The Planning Comnussion did not
hold a hear~ng on his app~~catl.on until January 23, 1991.
This was well beyond the 50 day deadl~~e. My client wa~ved
t~me to January 9, 1991, but at that hear2ng, Planning
continued his proJect ~~thout ask~ng for, or rece~v~ng h~s
consent.
At the January 23, 1991 hearing, ~hich was held after
the SO day deadline, the Comml.ssion f s vote on my client's
applicat20n as a two-story proJect (rather than a
three-story as sUbmitted) ywoas three to three. The Cl. ty
Attorney's office has issued a recent opinion memorandum.
#90-16 which states as to City Counc~l votes that a tl.e vote
l.S no action. Therefore, the P1ann1.ng Comrnl.ss1.on took no
act~on on my client's prc]ect Wl.th ~ts three to three vote.
In any event, the Planning CornnussJ.on has failed to
act on the proJect within SO days from the deemed complete
letter, e1ther bec.ause the ConUnl.ssJ.on failed to hear the
matter at the January 9, 1991-meeting deadline or because it
took no act10n at the January 23, 1991 meeting.
EXHIBIT .L Gi)fi,]
_~_-",,-"'~r'" '''~...n.'f''I"HI' 1/14 '''-J l.-q, 1
--.........-........-- """'"- -.....---==-.---...------
C~ty Clerl(
February 13,
page 2
~ C1G 1
.......,,1_.....
U~der Mu~~c~pal Code ~9361, the Plann~ng Comm~ss~on
has 50 days to act on the appl~cat~on. Under S9362, ~t the
Comnnss~on does not act w~thl.n that t~me perlOc., then the
tentat~ve map shall be deemed approved...
"and ~t shall be the duty of the
C~ty Clerk to certl.fy th~ approval"
Formal request ~s be~ng m2de hereby that you
~mmedl.ately certl.fy the tentat~ve tract map approved.
The tract map applicatl.on as stated by Plann~ng staff
conforms to the Subdl.vl.sl.on Map Act; the City zon~ng laws
and all other City ordl.nances.
Thank you for your help in this matter and I w~ll be
looking forward to rece~vl.ng your certl.ficat1on.
Sl.ncerely,
ROS~Y
RP/tlf
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----,...,...',.'C"..n1^"1~" '1d/?_'''_Q1 2
-""" :/"-CES 'Y
ROSARIO PERRY
A "'K:<ESSlC"'''''' :::l1lPC1l.A "'er-.
::)CEA.N A\/!:N:..,E jl,W CqCES
13J.3 OCEA~ .Av'ENL.~
SAN'A """CN:C.A CA~FO,?t\.IA ~4:)'
(24 J) 394-9831
FA.X (213) 39~29'
February 20, 1991
SA~TA MONICA CITY COUNCIL
1685 ~a~~ Street
Sar.ta Mor.1ca, Ca~lforp.la 90401
RE: Appeal/1226 11th Street/CUP 90-075/VTM 0221
rI~ST SUPPLEMENTAL ARGUMENT
mr APPE.M.L TO CITY COUNCIL
1.
THE PLANNING COz,,1MISSION TOOK "NO ACTION" ON
THE eONDOMINIC:M APP~IeA':'Im;
Appellar.t has ~rgued on appeal that he was not aware
of the ex:.ste~ce of <J.ny Rules of Order govern~ng P lannlr.g
Comrn~ss 10Ii meetlIlgs, ar-d :!.P. part~cular, no P lann1r..g
eOMrn~SS10~ rule~ lr.dlcatlng the affect of a tle vote on a
notlon to approve or d~sapprove a vested tract map
appl~cat:l.On .
Appe~:ant I S attorney has requested by letter, dated
February 13, 1991, (a copy of wh~ch 15 attached hereto as
Exhlb1 t "e") that the Cl ty prov~de h:.m w~ th "all wrl tten
::u2.es" ::cr the conduct of the Plann~ng Comm~sslon. In
response to the letter, the Clty Clerk produced In the
dccurneni::s a.ttached hereto as Exhlb~t liD. 11 These documents
are as follows:
(1) Ordlnance No. 1556 (ccs) dated October 23, 1990
WhlCh deals wlth the post~ng 0= agendas (not an issue ~n our
appeal) ;
( 2)
"Meet1ngs."
51004 of Artlcle X of the C~ty Charter ent1tled
Of 1nterest ~n th1S sectlon ~s the language
"The vote of a ma]Or1ty of the ent~re
me~~e~shlp of such board or CO~~lss~on
shall be necessary for it to take action."
[Emphasis added].
[Tlus ~s one of our maJor po~nts on appeal -- l.e.
that no acc~on was taken at the Plann1ng Comnl1ss10n meetJ.ng
because there was only a tle vote]; and
(3) Santa Monlca Mun1clpal Code SIOOS entltled
"Plann1ng COr:\rn1ss:!.cn" WhlCh deals wlth 1tS powers, ~ncludlng
Sl008(b) control over suba~v~s~ons. In th1s respect, SIOOS
spec~:~ca~ly states that the Plann~ng Comm~ss~on shall have
000.'
CLIE6C/LENNOK#11/15/2-~91 1
'"-f:.d -ec',c'ec {}do~r
the ?ower ~o co~~=c_ subd~vls~cns as that power ~s gra~tec
to ~1: by t.he Coune:.:" a.~c. -::.he ::"a'..;s 0: the State. SlOOB(b)
rec.:.tes ::he c.!.::'.'':Ot'S, that the Plan!:~r.g COmIrlSS.l.On can act,
and :.s l:,plted .:.n lts actlor.s, by t~E authorlty of the C~ty
Cou~cll a~c State laws.
(4) Cover :ecter dated February 15, 1991, slg~ed by
Joan Jenser. The ::"et~e= states, In part, that all rreetlr.gs
are held ':':l accordance wl'C.h "Roberts Rules or Order."
These documents ~ubn:.tted to further substant~ate
Appella~~'3 ~rsurer.t that:
(1) There are no W=l~ten Rules of Order for the
Plannlr.g COh~~s5~on;
(2) There are no rules wh:.ch 5pec~f~cally state what
the effect of a tle vote IS;
(3) All the ~ater.:.a: t~at does ex~st however, wh~ch
deals wlth votlng ln general, lndicates that a
ffid]Orlty vote 15 needed tc take any actlon --
approval or denlal. -
II. APPLICANT HAS FOm~~~~Y REQUESTED
CERTIFICATION OF TRACT NO. VTM 50221
On February 13, 1991, Appellant formally requested
certl:~cat~or.. o~ t.:.s ~ract M.ap by letter addressed to the
C:tty Clerk. A copy of the letter ~s attached as Exh:..b:.t
"E". The Clerk ackncwleaged receipt of th~s letter ar.d
forwarded ~t to the Clty Attorney's off~ce. (See Exh~b1t "D"
Clerk's February 15, 1991. ~etter) There ~s no other
adM~nlstrat1ve act10n to be taken on Appl:.cant's part,
except for the prosecut1on of the appeal to the C~ty
Cour.c~l.
III.
ALL EXHIBITS ARE PART OF THE
ADMINISTRATIVE RECORD
On January 23, 1991, Appel~ant subm1tted a drawlng of
11th Street to the Platinlng Cornm1ss1on wh1ch contained
photographs of both sldes of the street and locat~ons where
11th Street res~dents l~ved who s~gned h~s pet~t~cn in
support of the prc:ect. Th~s drawing is part of the
admin1strative recorc and should be preserved and shown to
the C~ty Councll ~n conJunCtlon wlth the appeal.
AppellQnt requests that
attachments also be made part 0:
on appeal to the C~ty Councll.
thlS letter a~d ~ts
the admin~strative record
allori
RP / tl f
Enclosures
CLIE6C/LENNON~11/15/2-20-91 2
/A
CITY PLANNING DIVISION
communi~y and Economic Development Department
M E M 0 RAN D U K
DATE: January 16, 1991
TO: Planning Commission
FROM: David Martin, Associate Planner
SUBJECT: Conditional Use Permit 90-075
V'I'TM 50221
l226 11th street
Attached is the staff report and project plans for Conditional
Use Permit 90-075, continued from the January 9, 1991 Planning
Commission meeting. Information received at the January 9th
meeting is also attached for your review.
pc/pcmemo
006r'
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~1\N:MtJlc;,J\ ~
CITY PLANNING DIVISIOH
Land O.e and Transportation HaD.qem.De Department
MEMO RANDOM.
DATE: January 23, 1991
TO: The Honorable Planninq Commission
FROM: Planning staff
SUBJECT: Conditional Use Permit 90-075
Vesting Tentative Tract Map 50221
Address: 1226 11th Street
Applicant: Lance Lentz
SUMMARY
Action: Application for a Conditional Use Permit and a V..ting
Tentative Tract Map to allow the construction of a six unit
condominium.
Recommendation: Approval with Conditions
Permit streamlinins Expiration Date: April 23, 1991
Subdivision Action Deadline: December 12, 1990
SITE LOCATION AND DESCRIPTION
The subject property is a 1,500 square foot parcel located on the
west side of 11th Street between Wilshire Boulevard and Arizona
Avenue with a frontage of 50' on 11th Str.et. Surrounding us..
eons1st ot a three story I mul ti-tamily re.idential building on
the adjacent lot to the south (R3), a on. and two story, multi-
family residential building on the adj acant lot to the north
(R3), one and two story residential buildings across 11th Street
to the east (R3), and two story, multi-family residential build-
ing across 10th Court alley to the weat (R3).
Zoning Oistrict: R3
Land Use Oistrict: Medium-Density Housing
Parcel Area: 50' X 150' - 7,500 square teat
PROJECT DESCRIPTION
proposed is the demolition ot a rent control exempt, single taai-
ly residence, and the construction of a three story, 40' tall, 6-
unit condominium building with a 15 space subterranean parking
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lJVQ.,
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garage accea.ed from lOth Court alley. The project would cons1at
of two separate bu~ldinqs over a common parking qaraqe. The
front building would contain three, three-bedroom flats and the
rear building would contain three, tWO-bedroom flats.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in
conformity with the General Plan as shown in Attachment A.
CEQA STATUS
The project 1s categorically exempt from the provisions of CEQA,
pursuant to Class 3 (14) of the City of Santa Monica Guidelines
for Implementation of CEQA.
RENT CONTROL STATUS
The subject property is exempt from rent control as a single fam-
ily residence.
FEES
The project is subject to a Parks and Recreation Faciliti.. Tax
of $200 per unit and a Condominium Facilities Tax of $1,000 per
saleable unit for a total tax ot $7,200. In addition, the proj-
ect is required to comply with Program 12 of the Housing El..ent
of the General Plan as implemented by Ordinance No. 1519 (CCS),
which may be satisfied by providing affordable incluslonary hous-
ing on-site or by payment of an in-lieu fee. This fe., prior to
adjustment in accordance with Changes in the CPI, will be
$143,250.00, based on a gross residential project area of 9,550
square feet.
The project is exempt from the Housing and Parks Project Mitiga-
tion fee established by Ordinance No. 1367 (CCS), based on the
fact that the project will not result in the addition ot 15,000
net rentable square feet or mora of office area.
ANALYSIS
The propo.ed project would include the construction ot two, three
unit condoainium buildinqs over a l5 space subterranean parkinq
garage. The two buildings would be three stori.., 40' in height
above an average natural grade ot 131.0 The proj ect would in-
clude two three-bedroom flat. and three three-bedroo. units. The
upper level units would be accessed via exterior corridors with
two stairway. and one elevator. No mezzanine. or root decks are
proposed.
Parkinq
The parkinq requirements are based on a ratio of 2 apace. for
each two bedroom unit and 2.5 space. for each three bedro01l unit,
pI us one quest space. A total of 15 spaces are provided 1n a
006\l
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subterranean parking garage accessed trom 10th Court alley. Com-
mon pedestrian access to the garage would be provided by one
stairway located near the north property line, and one elevator.
The subterranean garage also includes a storage room with six
pr~vate storage lockers.
Neighborhood Compatibility
.
The proposed three story condominium would be located in an area
that currently contains a mix of one to three story residential
buildings. While the proposed building is substantially larger
than the one story building located on the adjacent lot to the
north, the height ot the building is consistent with other three
story buildinqs in the area and complies with the 40 I height
limit in the R3 District. Several building recently completed or
under construction in the area have been built to a height ot 40
feet. Staff has included a condition to ARB to ensure that the
design of the building is consistent with the existing bungalow
and craftsman style structures in the neighborhood.
Conclusion
The proposed condominium complies with all applicable provi.ion.
of the Zoning Ordinance and the General Plan and theretore merit.
approval.
RECOMMENDATION
It is recommended that the Planning Commission approve Condition-
al Use Permit 90-075 and Vesting Tentative Tract Map 50221 sub-
ject to the following findings and conditions:
TENTATIVE PARCEL MAP FINDINGS
1. The proposed subdivision, together with its provision tor
its desiqn and improvements, ia consistent with applicable
general and specitic plans as adopted by the city of Santa
Monica, in that the project contorms to the provisions ot
the R3 District standards ot the Zoning Ordinance and the
Medium-Density Residential section of the Land Use Element
ot the General Plan.
2. The site is physically suitable for the proposed type ot
develop.ent, in that it is a standard lot with no unusual
characteristics.
3. The site i. physically suitable tor the proposed density
ot development, in that a 7,500 square foot parcel 1n the
R3 District can accommodate 6 units.
4. The design of the subdivision or the proposed improv..enta
will not cause substantial environmental damage or sub-
stantially and avoidably injure fish or wildlite or their
habitat, in that the proposed development is an in-till ot
urban land which does not currently support fish or sig-
nificant wildlife.
D0'( I}
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5. The deslgn of the subdivision or the type of improvement
will not cause serious public health problems, in that the
proposed development complies with the proviaion. 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, tor 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 Ordinancell, in that the proposed condomini-
um conforms to the Zoning Ordinance and the General Plan.
The proposed use would not impair the
character of the district in which it is to
or located, in that it would be located in
residential district.
J. The subject parcel is physically suitable for the type of
land use being proposed, in that the proposed project
meets the density standards for the R3 District.
2.
integrity and
be established
a multi-fuily
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the pre.ent land us.s
are to remain, in that the existing structure would be
demolished.
5. The proposed use would be compatible with existing and
permissible land u.e. within the district and the qeneral
area in which the proposed use i. to be locatad, in that
the area is a mix ot single-family and mUlti-tamily
residential buildings.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the propos.d
use would not be detrimental to public health and satety,
in that the proposed development is an in-till of urban
land adequately served by existing infrastructure.
7. Public acce.8 to the proposed use will be adequate, in
that the site i. adequately served by existinq .treet..
8. The physical location or placement ot the u.. on the aite
is compatible with and relata. harmoniously to the sur-
rounding neighborhood, in that all .etbacks, lot coveraqe
and height requirements for the R3 Oistrict have been .et.
00(1
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9. The proposed use is consistent with the goals, objectives
and pol~cies 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 SuDchapter 7, Section
9055 of the City of Santa Monica Comprehensive Land Use
and Zoning Ordinance, in that no Performance Standard per-
mit would be required.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the area
is defined as a mUlti-family residential district.
CONDITIONAL USE PERMIT CONDITIONS
Plans
1. This approval is tor those plana dated 10/05/to, a copy of
which shall be maintained in the fil.. of the City Plan-
ning Division. Project development shall be consiatent
with such plans, except as otherwise specified in these
conditions ot approval.
2. The Plans shall comply with all other provisions ot Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies ot the City ot Santa Monica.
3. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Trattic
Engineer.
4. Minor amendments to the plans shall be subject to approval
by the Oirector ot Planning. A significant change in the
approved concept shall De subject to Planning Commi..ion
Review. construction shall De in conformance with the
plan. submitted or as moditied by the Planning Commission,
Architectural Review Board or Director ot Planning.
Architectural Review Board
5. Prior to consideration ot the project by the Architectural
Review Board, the applicant shall review disabled acce..
requirements with the Buildinq and satety Oi vision and
make any necessary changes in the project de.ign to
achieve compliance with such requirements. The Architec-
tural Review Board, in its review, ahall pay particular
aOil..
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attention to the a..thetic, landacapi"9, and ..tback ia-
pacts of any ramps or other features necessitated by ac-
cessibility requ~rements.
6. The existing mature palm tree, located in t.he 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 ot design ele-
ments: exterior colors, texture. 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 ot the Architectural Review Board.
10. Landscaping plans shall comply with Subchapter 58
(Landscaping Standards) of the zoning ordinance includinq
use of water-conserving landscaping materials, landscap.
maintenance and other standards contained in the
Subchapter.
ll. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC Section 9040.13-9040.15.
Refuse areas shall be of a siz. 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.
12.
No gas or electric meter. shall b. located within
quired front or street side yard setback areas.
chitectural Review Board in ita review shall pay
lar attention to the location and screening
meters.
the re-
The Ar-
partieu-
ot such
Fees
l3. The City is contemplating the adoption of a Transportation
Manaq..ent Plan which is intended to mitiqate traffic and
air quality impacts resulting from both new and existinq
development. The Plan will likely include an ordinance
establishing mitigation requirement., includinq one-t1Ja.
payment of fees on certain type. ot new development, and
annual fees to be paid by certain typ.. ot employ.rs in
the ci ty . This ordinance may require that the owner of
the proposed proj ect pay such new development te.s, and
o LJ '( ,)
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..
that employers within the project pay such ne~ annual .m-
ployer fees related to the City's Transportation Manage-
ment Plan.
14. A Park and Recreation Facilities Tax ot $200.00 per
residential unit shall be due and payable at the time ot
issuance ot a building permit for the construction or
placement of the residential unites) on the subject lot,
per and subject to the provisions of Section 6670 et aeq.
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 removinq all
debris, bushes and plantinq that inhibit the ea.y surveil-
lance ot the property to the satistaction ot 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 Parka De-
partment and the Planning Division, at the time ot d..oli-
tion, any street trees shall be protected trom d.-aq.,
death, or removal per the requirements ot Ordinanc. 1242
( CCS) .
17. Immediately atter demolition (and during construction), a
security tence, the height ot which shall be the maximum
permitted by the Zoninq Ordinance, shall be maintained.
around the perimeter of the lot. The lot shall b. k.pt
clear of all trash, weeds, etc.
18. Prior to issuanc. ot a demolition permit, applicant shall
prepare tor Build.inq Division approval a rodent and p.at
control plan to ensure that demolition and construction
activities at the site do not create pest control impacts
on the project neighborhood.
Construction
19. Unl... otherwise approved by the Department ot Ceneral
Service., all sidewalks shall be kept clear and pas.able
durinq the grading and construction phase ot the project.
20. Sidewalks, curbs, qutters, paving and driveway. which ne.d
replacing or removal aa a result ot the project a. deter-
mined by the Department ot General service. ahall b. re-
constructed to the satisfaction of the Department of
General Service.. Approval tor this work .hall b. ob-
tained from the Oepartment ot Ganeral s.rvic.. prior to
issuance of the building permits.
a 0 '( !
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21. Vehicles haul inq dirt or other construction debris froll
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust em~ssions.
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 S.r~
vices. No street tree shall be removed without the ap-
proval of the Department ot 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 l) Specify the names, addres...,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
archi teet; 2) Oeser ibe how demo1 i tlon of any exi.tinq
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 aide-
walk is proposed to be used in conjunction with con.truc-
tion: 5) Set forth the extent and nature ot any pile-
driving operations; 6) Describe the length and number of
any tiebacks which must extend under the property of other
persons: 7) Specify the nature and extent of any dewater-
ing and its effect on any adjacent buildings, 8) Oe.crib.
anticipated contruction-related truck routes, nmllher ot
truck trips, hours of hauling and parking location; 9)
Specify the nature and extent ot any helicopter hauling;
10) State whether any construction activity beyond normal-
ly permitted hours is proposed; 11) Oescribe any proposed
construction noise mitigation measures, 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel, 13) Provide a drainage
plan, 14) Provide a construction-period parking plan
which shall minimize use of public streets for parking,
15) List a designated on-site construction manager.
24. A sign shall be posted on the property in a manner conais-
tent with the public hearing siqn requirements which shall
identity the address and phone number of the owner and/or
applicant tor the purposes ot responding to que.tions and
complaints during the construction period. Said .ign
shall also indicate the hours of permissible construction
work.
25. A copy ot these conditions shall be posted in an a.aily
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 tha
copy.
Environmental Mitigation
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2: 6. Ul tra-low flow pluml:ling 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 (l.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
ot 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,
proj ect 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 retrotitting
existing occupancies. Flow calculations for new develop-
ment and existing occupancies shall be consistent with
quidelines developed by the General Services Oepartaent.
Projects subject to this condition shall noe be eligible
tor the tlBaysaver" rebate proqram.
Miscellaneous CUP Conditions
28. The building address shall be painted on the roof of the
building and shall measure tour feet by eight teet (32
square feet).
29 . I f any archaeoloqical remains are uncovered during
excavation or construction, work in the affected area
shall be suspended and a recognized specialist shall be
contacted to conduct a survey of the affected area at
project's owner'. expense. A determination shall then be
made by the Director of Planning to determine the sig-
nificance of the survey findings and appropriate actions
and requirements, it any, to address such findings.
30. street and/or alley lighting shall be provided on public
right. of way adjacent to the project it and a. needed per
the .pecitications and with the approval of the Department
of General Services.
31. Any lofts or 1Ilezzanines shall not exceed 99 square t.et
unless appropriate required parking is supplied. Such
areas shall also not exceed 33.3' of the room below unle..
compliance with the district's limits on number ot stori..
can be maintained.
32. No fence or wall within the required front yard .etback,
inclusive of any subterranean garage slab and fencinq or
00(-
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ra~linq on top thereot, shall exceed a height ot 42" above
actual grade ot the property.
Validity of Permits
33. The Conditional Use Permit shall be of no further force or
etfect it the Tentative Map expire. prior to approval ot a
Final Map tor said tract.
34. In the event permittee violates or tails to comply with
any condltions of approval of this permit, no further per-
mits, licenses, approvals or certificates ot occupancy
shall be issued until such violation haa 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 ot Otficial Action
prepared by the Planninq Division, aqreeinq 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 .ame,
applicant shall not thereby waive any legal rights appli-
cant may possess regarding said condition.. The signed
Statement shall be returned to the Planninq Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
36. This determination shall not become etrective for a period
of fourteen days from the date ot determination, or, it
appealed, until a tinal determination is mad. on the ap-
peal. Any appeal must be made in the torm required by the
Zoning Administrator. The term ot approval ot this permit
shall expire two years trom the permit's effective date,
unless a building permit has been issued tor the project
prior to the expiration date. No time extension shall be
granted beyond this two year period.
Inelusionary Unit Condition
37. The developer shall covenant and aqre. with the City of
Santa Monica to the specitic term., conditions and
re.triction. upon the possesaion, u.e and enjoyment ot the
subject property, which terms, conditions and restrictions
shall be recorded with the Lo. Angele. County Recorder'.
ottic. a. a part ot the deed of the property to ensure
that two attordable units are provided and maintained
over time and through subsequent sale. ot the property.
An inclusionary requirement ot thirty percent ot the unit.
shall apply, ot which at least twenty percent .hall be
affordable to households not exce.ding sixty percent ot
the the (RUD) Los Angeles county median 1nc01le, with the
balance of the inclusionary units affordable to bou.ehold.
with incomes not exceeding loot ot the (HOD) Lo. Angele.
County median income, expendinq not over 30' of monthly
DOif
- 10 -
income on housing costs, as specified by the Housing Divi-
sion of the Department of Communlty and Economic
Development.
Thi. agreement shall be executed and recorded prior to
approval ot the Final Map. Such agreement shall specify
1) responsibilities of the developer for making the
unit(s) available to eligible tenants and 2) responsibili-
ties of the City of Santa 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 Oivision 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 ot the General
Plan of the City of Santa Monica. Developer may satiafY
the obligations created by this Agreement by demonstrating
to the Oirector of Planning compliance with Ordinance 1519
(CCS), which provides implementation standards for thi.
program.
TENTATIVE TRACT MAP CONDITIONS
1. All off site improvements required by the City Engineer
shall be installed. Plans and specifications tor off site
improvements shall be prepared by a registered civil en-
gineer and approved by the City Engineer.
2. A subdivision improvement agreement for all off site im-
provements required by the City Engineer shall be prepared
and a pertormance bond posted through the City Attorney's
ottice.
3. The tentative map shall expire 24 months after approval,
except a. provided in the provisions of California Govern-
ment Code Section 66452.6 and Sections 9380-9382 ot the
Santa Monica MUnicipal Code. Durinq this time period the
tinal map ahall ba pres.nted to the City of Santa Monica
for approval. No building permit tor 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-
gin.ering oivision for a final map, applicant shall pro-
vide a copy of the approved statement ot otticial Action.
5. Prior to approval of the tinal map, Condominium Associa-
tion By-Laws (if applicable) and a Declaration of CC , R's
shall ba reviewed and approved by the City Attorney. The
ce , R t . shall contain a non-discrimination clause as
DD I;i
- 11 -
presented in section 9392 (SMMC) and in ~h. ca.. of con-
dominiums, contain such provisions as are required by Sec-
tion 9122E (SMMC).
6. The developer shall provide tor payment ot a Condominium
Tax ot $1,000 per saleable residential unit per the provi-
sions of Section 665l et seq. ot the Santa Monica
Municipal Code.
7. The form, contents, accompanying data, and tiling ot the
final subdivision map shall conform to the provisions ot
Sections 9330 through 9338 (SMMC) and the Subdivision Hap
Act, The required Final Map tiling tee 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 ot Sec-
tions 9350 through 9357 (SMMC) and the Subdivision Map
Act.
9. One mylar and one blue-line copy ot the tinal map .hall be
provided to and recorded with the Los Angele. County Re-
corder prior to iSBuance ot any building permit tor a con-
dominium project pursuant to Government Code Section
66499.30. Applicant shall also provide the County with a
copy of this Statement of Otficial Action at the time the
required copies of the map are submitted.
lO. A copy of the recorded map shall be provided to the Plan-
ning and Zoninq Division betore issuance of a Bu11dinq
permit.
11. Pursuant to section 9366 (SMMC), it 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 tiled in writing with the City
Clerk. No appeal or complaint may be tiled atter a ten
day period from the Commission's decision on the tentative
map.
Prepared by: David Martin, Asaociate Planner
Attachment.:
A. Municipal Code and General Plan Contormance
B. Radiua and Location Hap
c. Photoqraphs of Site and Surrounding Properties
D. Statistical Information Sheet
E. Summary ot CC & R'a
F. Tentative Tract Map 50221
D. Plot Plan, Floor Plans and Elevations
D0i~~
- 12 -
A'l"1'ACHKEN'r A
XUNICIPAL COO! AND GENERAL PLAN CONFORMAK~.
cateqory
Penn tted Use
Moratorium Status
Dwelling Units
Height ot Building
Number of stories
Height ot Walls,
Fences
Setbacks
Front yard
Sideyard
Rearyard
projections Into
'lards
Lot Coverage
Parking
Access
Land 0..
Blement
Same
as
Code
N/A
Same
as
Code
40'
3
N/A
N/A
N/A
N/A
MIA
N/A
Alley
access is
encouraged
when alley
exists.
Parking Space Nnmher N/A
Municipal C04.
Medium-Oensity
MUlti-family
Residential
N/A
6.4 Units
40'
3 Stories
Not to exceed 42"
in tront yard, 6'
in rear yard, or
8' with adjacent
property owner's
approval.
20'
8 '
15'
Per Section
9040.l8
50%
Alley ace... i.
required when
alley exists, with
exception. per
sections 9044.8-9.
l5
- 14 -
project
Medium Density
Residential
Condominium
6 Units
40'
3 Stori..
None Shown
20'
8 '
15'
Bay Window - 18"
into side yard.
Chimn.y and
balcony - 1 ' into
rear yard.
48.5'
Alley ace...
provid.d
15
008-
Trash Area N/A Trash To be located
enclosure in subterranean
required parking garage.
Front yard
Landscaping N/A sot 78t
Sideyard
Landscaping N/A SOt of un- 75' ot un-
excavated excavated
sideyard sideyard
Unexcavated
Sideyard N/A 4' unexcavated 4 ' unexcavated
sideyard on one sideyard provided
side of 50' wide on north side.
lot.
Inclusionary
Units/Fee 1 unit or payment Condition of
in-lieu fee. approval require.
Program 12
Compliance.
Project Mitigation
Measure Fee N/A N/A
O()8~
- 15 -
1226 11TH STREET - 6 UNIT CONDOMINIUM PROPOSAL
STATISTICAL I~FORMATIOS SHEET :
A - SU~BER OF ~NITS : 6 (3 3-BDRM
GROSS FLOOR AREA UNIT 1.1
1.2
2. 1
2.2
3. 1
3.2
TOTAL
B NETT LOT AREA
C COVERED BY BUILDING
D COVERED BY LANDSCAPE
E - ESTIMATED PRICE OF UNIT 1.1:
1. 2:
2 . 1 :
2 .2:
3 . 1 :
3.2:
... :3 2-BDRM)
1,700 S.F.
1,450 S.F.
1.700 S.F.
1,500 S.F.
1. 700 S. F .
1.500 S.F.
9,550 S.F.
7y498 S.F.
48.S %
:t 24 %
$ 475,000.-
$ 380,000.-
S 450.000.-
S 395.000.-
$ 475,000.-
$ 400.000.-
-
00~ '
~~&J, D
_ ----- .... :_L.. ~ .......
.
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RESt:~!
CONDOMINIUM ARTICLES OF :NCORPORATIO~,
BYLAW~ A~= CC.^S
RE: Tract No.
Name of Subd~v4s~on: FOUNTAIN CONDOMINIUM
Address of ProJect: 122' 11th Street, Santa
Mor.~ca. California 90403
L"r.~ts: S~X (6)
1. Type of Oriar.~zat~on: This is a Nonprofit
Mutual Benefit Corporlltl.on organized under the California.
~c~p=of~~ Hu~ual Beneflt Corpcrat~on La~.
2. MemberShlr: Anv and all persons (Owner.)
{~nclud~ng Dec:arr.rt who ~have record ownership of a
Condom~nlum or a part of one.
3. MeMbership Termination: Only upon sale by own~r
of Owner t s interest in a Condominium is Owner no lonqer a
member of the A5s0clation.
4. Vctinq Riqhts: Initlally. the Association Ihall
have two classes of votinq membership:
Cla.. A. Cl.ss A members ahall be all Unit
owners with the 6xceptlon of Declarant. Class A members
shall be entitled to one vote for each conQ~in1um owned by
them. When more than one person holds .uch intere.t in any
condomJ.nium, all .t1~h per.or... .hall be members. The vote
for such Unit shall be exercised as they, amonq ~..s.lve.,
determine, but 1ft no event ahall more than er.@ vote be cast
wlth re.pect to any such condom~ni~.
Cla.s I. The Cla.. B member Ihall be D.claran~.
The Cla.. B .~er .hall be ent1tled to thr.e (3) vot.. for
each condominium owned by it, provided that the Cla.. 8
memberlh1p .hall cease and be converted to Cla.. A
membershJ.p on the happeninq of the followinq events,
whichever occur. earlier:
A. When the total vote. outstanding- in the
Class A membership .C;Ue.!. the total votes outstanding' in the G 0 ~ q
Class B memberah1p: or
B. Two (21 year. from the dat. of the oriqlnal
i!suance of the Final Subdivis10n Public aeport is.ued by
CCRS/LENNON-CCRtl/4/10-2-90 1
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.tq pen..T ..lodaw o'nqnc! uOlIl'^Tpqns t.uTA .q~ ]:0 8:)u'Ins31
t.Vl&l~O eq. JO ~.VP aq. wO~J s~ve^ It) o~ -8
.10 tdTq..l.qmam a .sV1J
eq4 Ut 6U1Pu....no ...OA t..o~ aq. l~n~. dlql.leqwaw y s.vtJ
.lp uT bUTPuv.s.no S..OA tV~o. ell. uatal .Y
:.18tt.l.. S.lno~ .l8A8q:)TqA
'_+U.A8 &uTAOttO# a~. }O &UTuaddv~ ~4+ uo dlqs~.qmem
y IlvIJ o. p8..la^Uo:) eq puw a.va:) ttvq. dlqs.laqmem
II ...tJ 811+ +.11. pepl'Ao.ld '. l' ^q p8UAO an\TUl'mopuoo qOl'a
30) '..OA (() .Boll{. O. pat.l'.U8 aq ItV~' 48qmam 8 ...tj .q~
..ue.lvl:)80 aq tIRq. .l8qwaw a ssvIJ .~~ .S ...t~..~~
'~tuTmopuoo qons ^uw o. +~..l q+lA
~..~ aq a+Oh .~o UV~~ ..lOW tt9qS ~U.A. ou ul +nq '~~a~.p
'I.At8.maq+ buowv 'Xaq+ Be paS10.l8x8 8q ttwql ~luQ qons %0;
8.0A eq.r, .S.laqwalD aq Iriqs '~os.lad q..ml tt. 'mrlTUTmOpuo;)
AU. u1 ....18.U1 q~ns sPloq uos.lad 8UO u.~ ..lom ueqM 'maq.
hq paUAO wnluT~OPUO;) qova .10; 8.0A 8UO o. P.t.l.U8 aq !T'Iqs
1I.l8qmauz y 5SVI:> ..U'e%V1080;0 uOl~d8ox. a,. ".l. l'-' S.1auAO
.Tun ttR aq tt.~s S.1aqwaw Y SSVIJ .V ...t~
:dlQS.18qwew bUT~OA ;0 S8SSW1~ O~~ 8AVq
tIRqS uOT.~t~ossy aq~ '^tte~~TUI :s~qb~H bu~~o^ .t
.UOT~elJOSS~ aq~ ;0 ~aqmaw
v ~a5uoT ou ~au~ ST wnTu~~opUo~ v uT ~sa~a.u; s..leu~o ;0
.lwW\o lq aT'l'S uodn ,{lUO : UOT~Rul'1.iUa.r. d14S.Iaqwa~{ . (
'auo ;0 ~~vd v ~o wnTUTWOPUOJ
v ;0 dT4s~au~0 PolO~.~ 8ARq OqM (~~~~~1~~a bu~pnl~Ui)
(S.1.u~O) suos~ad ttR pUR luy : d'!4s~.quIaw · Z
'~R~ uo'!~v=~d~o~ .T;e~ag lRn~nH ~~;o~duON
c. -lu.101'qe:> St{. .::apun p82TuRn.:to '.lo'nlll'~od.7o:;> ~'!tauag Ivn.nw
~lJo~duON R ST ST4.L :UOT+V2t~25.:%O;0 adi~ 'r
(9) x'ts :S~TUn
EO~06 R1U.10~'!1v~ '~J~~OW
V.URS '~aa.1+S q.rt ,ZZl :.~8(0.7d;0 ssa.7pp~
WnINIWOCNOJ NI~LNnOJ :uo~sl^'!?qns ;0 aWRN
.ON .je~.L ::nr
S~!JJ ~xv 5~V!^e
'~OIL~Od~OJN: ~o S~LJrL~Y WnINIWOONOJ
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the Oepartm.~t of Real Estate for the Pro,ec~_
5_ ManAqement: Management shall be appcintee by ~h.
elected Board of Oirectors to operate. maintain and manaqe
':one Pro:~ct.
6. Pro;e~t. tife: F1fty (50) years.
7. Effectivitv Tern: of ar.cJ Amendments to CC'Ra:
TerM.:.na t~on fifty {50~ year. with 4utoltatic ten (10) year
pe~lod renewals unless maJor~ty of owners vote to partition
p=~c~ ~n one year before each termination per~od. Declarant
Caro, prlor to sale of lirst condomir.il:D:, but only wlth
approval of Santa Monica Planninq Commis.ion, amend CeiR. as
101";' aE it /ices not confl.lct wlth terms ..tablJ.lhecl for
mortgagee protection. After ..le of first condom~nium,
mlnunum of is' of Loth o\mers and Oeclarant votinq cla.. if
two class votlnq in effect. If o}'\e cl.s. voting, then
m1.r'11mum of 75' ot votes and at least. 51' of owner. (not
lncludl~g Oeclarant).
8. M.~nt.nance Prcvis4cr.E:
'11I. I I. I
fa) Each OWner shall ma~ntain in a cl.an and
sar :.tary condition and in qood repair the l.ntere.t cf hi.
!;nJ.t.
(b) Common Are..: It i. the re.ponaibility of the
Homeowners A..oeiation to ma1n1:ai.n the coaaon Ar... in a
clea~ ar.c san~tary ccnditlon and in qood repair.
9. Oamage - Repair or Abandonment Provisions: Opon
part:.al or total d..truc:tion, - if the ava11~bl. insurance
proceed cover not. 1... Uan 85' ot co.t of repair, the
pro:ect shall be rebuilt., unle.. at le.at 75' of owner.
w.th1n 90 day. vo~. no~ to rebuild. It the available
~nsurance proc..ds covet 1... than 85' of the repair coati,
the proJect ahall be rebuilt unl... 66' of ownera, within 90
days, vote not to rebuild.
.,
A. 'OOD .. po..ibl., the Board of Director. of the
Associatioa aball obtain bid. froa a~ l...t two (2)
reputable cOBUaC'tOZ'.. licen..d in California, wbicb bids
shall .et forth ill de1:ai1 the work required to repair,
reeonatruct aDd re.~r. the damaq.. or d..~royed portion. of
the Coaaon Ar.. and de1:ermine the aJlC)w\~ of all 1n.urGe.
proceeds available to the A..ociation.
10. D..cription, Ownership of Conc!ca1Alua Unital
The Declarat10n ..~11.h.d . plan for the lndivldUal
owner.hip for ~e .1% apace cOD'tained within the au (,)
4ndJ.vidual unit. c~rl.ln9 the buildinq.
Six (6) unit eo~dominium, ain91e Itructure. owner.
own each unit and One Sixth (1/6th' inter.at in the
(I, 0 1',,'"'
v ~
CCRS/LZNNONwCCRtl/4/10-2-90 2
~
;".::~..:c~a'::c!'". ::-ere ars . ~r.':'':s, w:..t:- J becrooms, 2t
=Q~\=cc~s, wl.th ~~t=~e~, ll.:~~; =oc~, a~d dl.nl.~g room. They
~~. e ~ooroxl~atelv :~:J scuare :eet. There are 2 un~ts w1th
~ tec.r'c'oms, 2~ b,it!;,s w:<:h :':l<:chen, Ilvlra rocIr. and d~n1nq
:--:;cr. They have ap;.rc;... ::-a -:e ::. : SO C square feet. There 18
O:ie '~:'l<: wltr 2 =ec.rcors ar.d 21 bathrooms, Kltchen, l.lVlnq
=:C~, a-~ d::,:~~ =oc~ a~c :<: r.as :~5G square feet.
.. ::es.:=~otlo~, OWr:ershlc arc t:se of Cornmon Area~:
. .
. - ~~~.aratl.cr ~rc~:aes ~~a': t~e CW~ers cf the individual
r_ -. ts ~l-'<l:: !':a<Je an Ur.dl'.."l.ded fractlonal l!iterest .In the
CCI"'r'c- Area and eac!- Owr.er S~.;l'::' have an excl\,;.$l.ve use of
certal~ cc~,cr areas and for the beneflt of the~r Cn.lt for
:..-g=es3, egress an<.l s''':'~!,cr'' ('Iver, across: and t~rough the
Corr...'Tcn Areu.
l~. Park~n9' Space Ass':'<;'f".rert =. T!':.ert::! a.re 15
s~c=cs -~ ~ s~bterra~ean garacre. r~cr. ~~~t shall be granted
by :'ec :a.ra:: t fer eac~ L:"".~ t I wr~.lC!: ~ark lnq space ass iqned
~arK:~c ~~ ~cqu~=ed by =oce. Sa~d spaces shall ce an element
of the ~r..l t a!1C ma.:::.,:a:..r.t:d by the ?\..rchaser, and shall be
ap?ur~e~a~~ ~c ~::.c ~G= ~~e excluslve use for such Vr.~t.
13. Restr~c~~c~s:
a. Owner's Flnanclal/Legal Status: No restr.lct.lOn8.
b. t.:~E.::
Sc:~ly res~dent.lal usl per.mitted.
c. Any Restr~c~lons on Age of Occup~rt$: No
restr~ct~ons.
d. Pe~s; ~~v aomestlc pets per un~t allowed.
Prepared by:
LAW OFFICES OF ROSARIO PERPY
1333 Ocean Avenue
Santa Mon~ea, Callforr..la 90401
Telephone: (213) 394-9831
008~
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CCRS/lENNON-CCR'1/4/10-2-90 3