SR-042892-7A
LUTM:PB:DKW:SMW:CC015.pcword.plan
council Mtg': April 28 f 1992
?-A
APR Z 8 '992
Santa Monica, California
TO: Mayor and City Council
FROM: City staff
SUBJECT: Appeal of a Condition of Approval of a Planning
Commission approval of Conditional Use Permit 91-015
and Vesting Tentative Tract Map 50523 to allow the
construction of a two-story, five-unit residential
condominium project at 911 12th street in the R2 (NW)
District.
Applicant: Richard Chang & Henry Wu
Appellant: Eileen Hecht, Applicants. representative
INTRODUCTION
This is an appeal of a Planning commission condition of approval
requiring
compliance
with
interim
Ordinance
1577
(CSS)
(Propos i tion R).
The City Council voted 5-2 to continue this
appeal for 60 to 90 days at the hearing of February 4, 1992 to
wait for the ordinance implementing Proposition R to be in place.
Ordinance 1615 (CCS) relating to the inclusionary housing program
was adopted on March 3, 1992 and became effective on March 24,
1992.
This report recommends that the city council approve the
applicant's appeal to allow the project to be subject to the
provisions of Ordinance 1615 (CCS).
BACKGROUND
CUP 91-015 and VTTM 50523 were approved by the Planning
commission on December 4, 1991 to allow the construction of a
two-story, five-unit residential condominium project (Attachment
- 1 -
7-,4
APR 2 S '992
B) . The proj ect was subj ect to the requirements of ordinance
1577 (CCS) (an interim ordinance implementing Proposition R)
requiring a miniumum of 30% of the units to be provided as
inclusionary rental units on site. The applicants'
representative proposed at the Planning Commission hearing of
December 4, 1991 that Condition #43 (the inclusionary unit
condition) be revised 1I...to allow the developer to comply with
any subsequently adopted... (proposition R) implementation
ordinance adopted prior to final map approval of the proj ect. II
(Attachment E). The Planning commission, acting on the advice of
the City Attorney, did not incorporate such a condition.
Ordinance 1615 (CCS) adopted March 3, 1992 and effective as of
March 24, 1992, changes the options for compliance with the 30%
inclusionary unit requirement for all new dwelling units to be
constructed at one location by an applicant. The new ordinance
provides that for any application that has been filed but not
approved at the time the new ordinance became effective, the
applicant may elect to have the provisions of the new ordinance
[Section 9422 (b)] apply to his/her project (Attachment G).
Under Section 9132.4 (b), the conditions placed on the builder by
the Planning Commission, on appeal to the City Council, are not
considered effective unless and until approved by the City
Council.
Required Notification
Pursuant to Municipal Code Section 9131.5,
Council meeting was mailed to all owners
notice of the City
and residential and
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commercial tenants of property located within a 500 foot radius
of the project at least ten consecutive calendar days prior to
the City Council meeting. A copy of the notice is contained in
Attachment H.
ANALYSIS
The application for CUP 91-015 and VTTM 50523 was filed on March
15, 1991. ordinance 1577 (CCS) was adopted on March 26, 1991 and
was retroactive to projects filed on or after March 6, 1991. The
ordinance requires that two (2) of the proposed five total units
be deed restricted as affordable rental units for the project.
The project was continued at the applicant's request several
times from the initial Planning Commission hearing date of June
23, 1991. The applicant wanted to wait for a permanent ordinance
implementing Proposition R as they felt that they had not
received sufficient notice of the applicability of Ordinance 1577
(CCS) to their project (Attachment J, see letter dated 6/26/91).
In order to comply with the applicant's wishes, a ninety (90) day
extension of the subdivision processing deadline was sought by
the Planning Commission and granted by the applicant [Attachment
C, (see letter dated 10/10/91) & DJ. The Planning C01llIl\ission
approved the project on 12/4/91. The final deadline for
subdivision action was December 26, 1991 (Attachment C).
Ordinance 1615 (CCS), adopted on March 3, 1992, applies to
applications filed but not approved at the time the Ordinance
became effective, which applies to this case. The applicant may
elect to have the provisions of Ordinance 1615 (CCS) apply to the
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project. As required by Proposition R, thirty percent (30t) of
the total number of new dwelling units to be constructed in any
project developed by an applicant at one location shall be
affordable to households of low- or moderate-income (Attachment
G). Ordinance 1615 provides for various means by which one can
comply with Proposition R including an in-lieu fee option for
qualifying projects.
Appeal Issues
The applicant is appealing the condition of approval relating to
Ordinance 1577 (CCS) implementing Proposition R on an interim
basis (Attachment A). planning Commission condition of approval
#43 requires that one low and one moderate-income rental unit be
provided and maintained on site through subsequent sales of the
property (Attachment B & C). This condition satisfies the
minimum 30% inclusionary rental unit requirement of ordinance
1577 (CCS) (Proposition R) (Attachment G) .
Under ordinance 1615 (CCS), the applicant may have the option to
pay an in-lieu fee for any required low income rental unit based
on an ninclusionary unit base price" as set by city Council
Resolution [Section 9246 (c) (see Attachment G)]. The applicant
may elect to comply with the provisions of ordinance 1615 (CCS)
as it has not received final approval at the time the ordinance
became effective, since the appeal of the commissioners action
was pending.
The applicant is
processing fee be
also requesting that
waived if the appeal
the $1,630.00
is denied and
CUP
the
- 4 -
application be returned to the Planning Commission for
modification in order to utilize the provisions of the
Proposi tion R permanent implementing ordinance (Attachment A).
Since the applicant may elect to comply with the provisions of
Ordinance 1615 (CCS), if the appeal is approved, a new
application and processing fee would not be required.
CONCLUSION
The applicant may elect to comply with the provisions of
Ordinance 1615 (CCS) (Proposition R), as the project has not
received final approval. Development requirements of the
ordinance also provide an in-lieu fee option for qualifying
projects. Thus, the permanent Proposition R ordinance would
provide the applicant/appellant with the options they are
requesting.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
It is respectfully recommended that the Council approve the
appeal to allow the applicant to elect to comply with the
provisions of Ordinance 1615 (CCS) and approve CUP 91-015 and
VTTM 50523 with the following amended condition #43 as follows:
- 5 -
43. 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 at least thirty percent of the
total number of units, excluding any density bonus units
under state Government Code section 65915, shall be
permanently affordable to and occupied by low and moderate
income households of which at least fifty percent
(50%)shall be affordable to households not exceeding sixty
percent of 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 Division of the Department of Community and
Economic Development. Such restrictions shall be
effective for the lifetime of the project.
This agreement shall be executed and recorded prior to
approval of the Final Map. Such agreement shall specify
1) responsibilities of the developer for making the
unites) available to eligible tenants and 2)
responsibili ties of the city of Santa Monica to prepare
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application forms for potential tenants,
establish
critieria 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. The developer shall
have the option to satisfy the obligations created by this
Agreement by demonstrating to the Director of Planning
compliance with either Ordinance 1577 (CCS) or Ordinance
1615 (CCS), providing implementation standards for this
program.
ATTACHMENTS
A. Appeal form dated 12/20/91.
B. Statement of Official Action dated 12/4/91.
C. Staff Memorandum to Planning Commission dated 12/4/91.
D. Letter from Staff to Richard Chang & Henry Wu dated
10/1/91-
E. Letter from Eileen Hecht to the Planning Commission dated
12/4/91-
F. Interim Ordinance #1577 (CCS) adopted 3/26/91.
G. Ordinance #1615 (CCS) adopted 3/3/92.
H. Notice of Development Proposal for Hearing by the City
Council on 1/28/92.
I. Letter from Eileen Hecht to staff dated 2/6/92.
J. Letter from Eileen Hecht to Paul Berlant dated 6/26/91.
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prepared by: D. Kenyon Webster, Planning Manager
Susan White, Assistant Planner
Planning Division
Land Use and Transportation Management Department
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Santa Monica
Community and EconomIC Development Department
Pfannlng and Zoning Division
(213) 458.8341
APPEAL FORM
Date FHed I? /'20 /q (
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PROJEcT
NUMBER:
LOCATION:
be
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PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTIO~
/
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i
Conditional Use Permit;9l-015,
Vesting Tentative Tract Map 50523
911 12th street
.i
APPLICANT: Richard Chang & Henry WU
CASE PLANNER: Susan White, Assistant Planner
REQUEST: Application for a Conditional Use Permit and
Vesting Tentative Tract Map to permit the con-
struction of a two story, five unit residen-
tial building (5 condominiums) on a 7500
square foot parcel in the R2-(NW) (Low Density
Multiple Family Residential [North of Wil-
shire]) overlay Districts.
PLANNING COMMISSION ACTlqN
12/4/91
X
Date.
Approved based on the following findings and
subject to the conditions below.
Denied.
other.
EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED:
Case #CUP 91-015
12/18/91
12/14/91
Case #VTTM 50523
EXPIRATION DATE(S) OF ANY PERMITS GRANTED:
12/18/~3
12/14/93
Case #CUP 91-015
Case #VTTM 50523
LENGTH,OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S)
3 months
3'years
Case #CUP 91-015
Case #VTTM 50523
,
~
- 1 -
(z) Over 20 percent of Santa
Mon~ca' s households are headed by senior
cit~zens. Approx~mately 65% of the senior
citizen households are renters. In 1980,
senior families represented 20 percent of
the families with incomes below the
poverty level and 16 percent of the slngle
person households living in poverty 1n the
city.
(aa) There is essentially no vacant
residential land in Santa Monlca. New
construction
must
occur
on
recycled
parcels or on marglnal commercial or
industrial land. When parcels are
recycled which previously contained
affordable housing, there is often a net
loss In the total number of affordable
houslng unlts provided, even with an
incluslonary housing requirement.
(bb) There is inadequate federal
and state support for programs to assist
the city in meeting lts affordable housing
needs.
SECTION 9421. Definitions. The
following words or phrases as used in this
Chapter shall have the following mean~ngs:
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PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 91-015,
Vesting Tentative Tract Map 50523
LOCATION: 911 12th street
APPLICANT: Richard Chang & Henry Wu
CASE PLANNER: Susan White, Assistant Planner
REQUEST: Application for a Conditional Use Permit and
Vesting Tentative Tract Map to permit the con-
struction of a two story, five unit residen-
tial building (5 condominiums) on a 7500
square foot parcel in the R2-(NW) (Low Density
Multiple Family Residential [North of wil-
shire]) Overlay Districts.
PLANNING COMMISSION ACTION
12/4/91
Date.
x
Approved based on the following findings and
subject to the conditions below.
Denied.
other.
EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED:
12/18/91
12/14/91
Case #CUP 91-015
Case #VTTM 50523
EXPIRATION DATE(S) OF ANY PERMITS GRANTED:
12/18/93
12/14/93
Case #CUP 91-015
Case #VTTM 50523
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S)
3 months
Case #CUP 91-015
3 years
Case #VTTM 50523
- 1 -
TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its prOV1S1.0n for
its design and improvements, is consistent with applicable
general and specific plans as adopted by the City of Santa
Monica, in that it conforms to the provisions of the
Zoning Ordinance for the R2 & North of wilshire Overlay
districts.
2. The site is physically suitable for the proposed type of
development, in that it is a standard lot, able to accomo-
date the proposed structure while providing required set-
backs, lot coverage limitations and required parking on-
site.
3. The site is physically suitable for the proposed density
of development, in that it is a parcel of 7,500 square
feet in the R2 zone and can accomodate 5 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 project is an urban in-fill
development.
5. The design of the subdivision or the type of improvement
will not cause serious public health problems, in that all
utilities are available.
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 City Engineer has
approved the tentative tract map and taken into account
the required easements and dedications.
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" & North of wilshire Overlay Dis-
trict standards, in that all required setbacks, lot
coverage, building height and parking requirements are
met.
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 this parcel is surrounded on four
sides by mUlti-family residential development.
3. The SUbject parcel is physically suitable for the type of
land use being proposed, in that the slope is not exces-
sive, all parking can be provided on-site, and adequate
open space is provided.
- 2 -
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 three existing roul ti-family
structures are proposed to 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
the proposal will require Architectural Review Board ap-
proval to ensure that it is similar in scale to existing
and proposed development in the area.
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 use would not be detrimental to
public health and safety, in that all utilities are avail-
able to the site.
7. Public access to the proposed use will be adequate, in
that the site is sufficiently served by an existing
street.
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 buildings in the area are
two and three story mUlti-family residential and the two
story project will require Architectural Review Board ap-
proval to ensure that it is similar in massing and place-
ment to the existing structures.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the project site
is located in a multiple residential land use element dis-
trict and complies with the applicable regulations.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that all public utilities are available, and required
building code requirements will be enforced in the con-
struction of the building.
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 these Subchapters are not
applicable to new condominium developments.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the area
is zoned for multi-family residential construction, and
the subject proposal conforms in height and density to the
R2 zoning and North of Wilshire Overlay districts.
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CONDITIONAL USE PERMIT CONDITIONS
Plans
1. This approval is for those plans dated March 10, 1991, a
copy of which shall be maintained in the files of the city
Planning Division. Project development shall be consis-
tent 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.
4. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning commission
Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
Architectural Review Board
5. Prior to consideration of the project by the Architectural
Review Board, the applicant shall review disabled access
requirements with the Building and Safety Division and
make any necessary changes in the project design to
achieve compliance with such requirements. The Architec-
tural Review Board, in its review, shall pay particular
attention to the aesthetic, landscaping, and setback im-
pacts of any ramps or other features necessitated by ac-
cessibility requirements.
6. The Architectural Review Board shall carefully review the
project design to ensure that the building is in scale and
is compatible with the surrounding neighborhood.
7. The existing mature trees; one, 12" and one, 18" magnolia
(grandiflora) shall be preserved in their present location
on site, relocated to a specific location on site or re-
placed with specimen trees to the satisfaction of the Ar-
chitectural Review Board.
8. The Architectural Review Board, in its review, shall en-
sure that at least 50% of the required front yard setback
and 50% of both required side yard setbacks shall be ade-
quately landscaped.
9. A minimum of two 24" box trees shall be planted within the
front yard setback.
- 4 -
10. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
11. 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.
12. Construction period signage shall be subject to the
approval of the Architectural Review Board.
13. Landscaping plans shall comply with Subchapter 5B
(Landscaping standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
14. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC Section 9040.13-9040.l5.
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. Any rooftop
mechanical equipment shall be minimized in height and
area, and shall be located in such a way as to minimize
noise and visual impacts to surrounding properties. Un-
less otherwise approved by the Architectural Review Board,
rooftop mechanical equipment shall be located at least
five feet from the edge of the roof. Except for solar hot
water heaters, no residential water heaters shall be lo-
cated on the roof.
15. 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
16. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential unites) on the subject lot,
per and subject to the provisions of Section 6670 et seg.
of the Santa Monica Municipal Code.
Demolition
17. 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
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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.
18. 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) .
19. 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.
20. 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
activities at the site do not create pest control impacts
on the project neighborhood.
21. No demolition of buildings or structures built prior to
1930 shall be permitted until the end of a 30-day review
period by the Landmarks Commission to determine whether an
application for landmark designation shall be filed. If
an application for landmark designation is filed, no de-
molition shall be approved for 90 days from receipt of a
complete application for demolition, or upon the deter-
mination by the Landmarks Commission that the application
for landmark designation does not merit formal consider-
ation, whichever is sooner.
Construction
22 . 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.
23. 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.
24. 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.
25. 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
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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.
26. 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. The ap-
proved mitigation plan shall be posted on the site for the
duration of the project construction and shall be produced
upon request. As applicable, this plan shall 1) Specify
the names, addresses, telephone numbers and business
license numbers of all contractors and subcontractors as
well as the developer and architect; 2) Describe how de-
molition of any existing structures is to be accomplished:
3) Indicate where any cranes are to be located for erec-
tion/construction; 4) Describe how much of the public
street, alleyway, or sidewalk is proposed to be used in
conj unction wi th construction; 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 na-
ture and extent of any dewatering and its effect on any
adjacent buildings; 8) Describe anticipated contruction-
related truck routes, number of truck trips, hours of
hauling and parking location; 9) Specify the nature and
extent of any helicopter hauling; 10) State whether any
construction activity beyond normally permitted hours is
proposed; 11) Describe any proposed contruction noise
mitigation measures; 12) Describe construction-period
security measures including any fencing, lighting, and
security personneli 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.
27. 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.
28. 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
29. 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.)
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Miscellaneous CUP conditions
30. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
31. If any archaeological remains are uncovered during
excavation or construction, work in the affected area
shall be suspended and a recognized specialist shall be
contacted to conduct a survey of the affected area at
project's owner's expense. A determination shall then be
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.
32. 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.
33. Any lofts or mezzanines shall not exceed 99 square feet
unless appropriate required parking is suppl ied. 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.
34. No fence or wall within the required front yard setback,
inclusive of any subterranean garage slab and fencing or
railing on top thereof, shall exceed a height of 42" above
actual grade of the property.
35. A security gate shall be provided across the opening to
the subterranean garage. If any guest parking space is
located in the subterranean garage, the security gate
shall be equipped with an electronic or other system which
will open the gate to provide visitors with vehicular ac-
cess to the garage without leaving their vehicles. The
security gate shall receive approval of the Police and
Fire Departments prior to issuance of a building permit.
Validity of Permits
36. 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.
37. 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,
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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.
38. 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.
39. within thirty (30) days after final approval of the proj-
ect, a sign shall be posted on site stating the date and
nature of the approval. The sign shall be posted in ac-
cordance with the Zoning Administrator guidelines and
shall remain in place until a building permit is issued
for the project. The sign shall be removed promptly when
a building permit is issued for the proj ect or upon ex-
piration of the conditional Use Permit.
Special Conditions
40. A minimum 5' average setback shall be provided for a mini-
mum 24% of the front building elevation prior to ARB
review.
41. Exterior building walls shall not exceed a maximum height
of 23' from average natural grade, except that portion of
the wall within any roof gable.
42. A minimum of 100 square feet of private open space shall
be provided for UnitE prior to review by the Archi tec-
tural Review Board.
Inclusionary Unit Condition
43. 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 at least thirty percent of the
total number of units, excluding any density bonus units
under state Government Code Section 65915, shall be perma-
nently affordable to and occupied by low and moderate in-
come households of which at least fifty percent (50%)
shall be affordable to households not exceeding sixty per-
cent of the (HOD) Los Angeles County median income, with
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the balance of the inclusionary units affordable to house-
holds 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 Hous-
ing Division of the Department of Community and Economic
Development. Such restrictions shall be effective for the
lifetime of the project.
This agreement shall be executed and recorded prior to
approval of the Final Map. Such agreement shall specify
1) responsibilities of the developer for making the
unites) available to eligible tenants and 2) responsibili-
ties of the city of Santa Monica to prepare application
forms for potential tenants, establish criteria for
qualifications, and monitor compliance with the provisions
of the agreement.
Owner shall provide the City Planning Division with a con-
formed copy of the recorded agreement prior to approval of
the Final Map.
This provision is intended to satisfy the inc1usionary
housing requirements of the Housing Element of the General
Plan of the city of Santa Monica. Developer shall satisfy
the obligations created by this Agreement by demonstrating
to the Director of Planning compliance with ordinance 1577
(CCS), which provides implementation standards for this
program.
TENTATIVE TRACT MAP CONDITIONS
1. All off site improvements required by the city Engineer
shall be installed. Plans and specifications for off site
improvements shall be prepared by a registered civil en-
gineer and approved by the City Engineer.
2. A subdivision improvement agreement for all off site im-
provements required by the City Engineer shall be prepared
and a performance bond posted through the City Attorney's
office.
3. The tentative map shall expire 24 months after approval,
except as provided in the provisions of California Govern-
ment Code section 66452.6 and sections 9380-9382 of the
Santa Monica Municipal Code. During this time period the
final map shall be presented to the City of Santa Monica
for approval. No building permit for the project will be
granted until such time as the final map is approved by
the Santa Monica City council.
4. In submitting required materials to the Santa Monica En-
gineering Division for a final map, applicant shall pro-
vide a copy of the approved statement of Official Action.
5. Prior to approval of the final map, Condominium Associa-
tion By-Laws (if applicable) and a Declaration of CC & R's
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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 seg. 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
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.
11. Pursuant to section 9366 (SMMe), 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.
Prepared by: Susan White, Assistant Planner
VOTE
Ayes:
Nays:
Abstain:
Absent:
Mechur, Nelson, Pyne, Rosenstein
Polhemus
Gilpin, Morales
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....
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 Planning commission of
the City of Santa Monica.
/ / plo/'L-
date~ i .
;
!
I
: alph Mechur, Chairperson
'lease Print Name and Title
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
PCjtempstoa
DKW:bz
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