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SR-021396-7A~ PCD:SF:DKW:SHK:f:\plan~share\council\strpt\ata95017. Counc~.Z M~g: February 13, 1996 San~a Monica, California FE~ i 3 ~99~ TQ Mayor and City Council FROM: City S~aff SUBJECT. Appeal of Planning Cammission Approval of Vesting Tentative Parcel Map for the Property Located. at ~.011 E~even~h Street To Pe~mit the Merger af Two Ex~st~.ng Parce~s and Subdivision of the New Parcel Into Three Air Space Lots; And Recammendation to Introduce far First Reading an Ordinance to Amend the Santa Moni.ca Municipa~ Code To Clarify That The City Is Authorized to Approve Air Space Subdivisions. Applicant• Upward Bound House Appellant: William R. Teachwarth INTRODUCTION Th1s report recommends that City Council deny the appeal and uphold the Planning Commission approval of a Vesting Tentative Parcel Map and ~hat the City Counc~l introduce far first reading an ardinance to amEnd the Subd~vision Ordinance of the MunicipaZ Code to elar~fy that the City is authorized to approve air space subdivisions. The applicant proposes to join ~wa existing parcels lacated at 101.1 Eleventh Street and subdivide the new parcel into three air space ~ots through approva~ of the ~7QSting Ten~ative Parcel Map. Thexe are multiple levels of sub~erranean parking proposed benea~h the senioz housing units and muCh af that parking is being constructed to serv~ce thE First Methodist Church of Santa Monica, which is located at 1008 Eleventh Street, Appraval of Conditional Use Permit 92-OD1 permits 477 parking spaces ~o b~ used £or church purposes. 1 FFB ~ 3 ~ The proposed airspace subdivisian wil~ enable the three lats to b~ separately awned, leased or encumb~red The first 1ot will be the above-grade "air" lot, whzch consists of a 7D~un~t senior housing pra~ect. The second lot will be the ~'ground" lot, which consists of rnost of the subterranean parking. The third lot wil~ be the "bubble" lot, consis~ing of a portion of the subterranean parking which will be devoted to the senior housing project. Tn a~der to apprave an air space subdivision, it is necessary ta amend the Subdiv~sion Map Ordinance to clarify the standards and procedures. The proposed amendment would add a definition to Section 9.~a.aa.osa for an air space lat, and amend Section 9.2a.a2.050(v)to include air space lots under the definition for a subdiviszon and Xnc~ude a~r space lots in Section 9.2~.04.Q20, Sectian 9.2~.Q4.030, Section 9 20.04.040, and Section 9.20 10.170. The Planning Commission approva~ of the Vesting T~ntative Parcel Map for the air space subdivisian has been appea~ed by a neighborhood resident. The appe~lant's s~a~~ment is included as Attachmen~ A. BACKGROUND Dn January 24, 1994, the City Council certified the EIR and approved the T~xt Amendment (TA 92-00~3 for the project. On October 27, 1993, the Planning Commission appxoved all other related aspects af the px-oposed project, in~luding Deve~opment Review Percnit 92-001, Variances 92-001 and 92-002, and Conditional Use Aermit 92-00~ to 2 pErmi~ construction of a three-story, 78-unit seniar hausing project at 1011 1~th Street~ a 22-unit transitional housing facil~ty ~ocated at 1D20 12th S~reet, and 477 ~ubt~rranean parkzng spaces and 900 square feet of storage for use by the Methodist Church. The subjec~. request for approval of a vesting tentative parcel rnap and review of th~ accompanyirlg text amendment seeks to subdivide the property a~ 1011 11th Street into air space lots. Vestinq Tentative Parcel Map County Assessor's data indicates that the 150' x 250` area at 1011 Ilth Street currently conta3ns more than on~ parcel. Because th~ propos~d project would cross ov~r the existing property lines, Conditian #$43 of the prior approval was included which requires the follow~ng. 43. Prior to issuance of buiZding permits for the set~~a~- housing project, the applicant shall record a lot tie agreement creating one separate, 150' x 250` parcel at the iali 11th Street site or other similar instrument, such as a recorded subdivision map, having the same effect_ The applicant proposes to combine the two existing parcels and subdivide the property into three "lots" created by an airspace subdivision. The airspace subdivision will enable the thre~ "lots" to be separately awned, leased or encumbered. A declaration of 3 covenants, conditzons and restr~ctions will be recorded ta ensure that access for, and maintenance o~, the parking and residentzal uses are nat impeded by this subdivision. Text Amendmen~ Currently, the City's Subdivisicn Ordinance ~s unClear about the appraval and processing of air space subdivisions. Air space subdivisions occur in Los Angeles, as well as other local jurisdictions The proposed text amendment serves to clarify that the City is authorized to approve airspace subdivisians. The t~xt amendment adds a definition for an air space lot ta the definitions sec~.ion of the Subdivisian Ordinance and amends the defin~tzon ~~r a subdivision to include the division o~ two or more airspac2 lots. In addition ~.a changes directly related to airspace subdivisions, sta£f propos~s other minar changes to the subdivision ordinance. For ease of adrninistration, staff proposes to ~odify the sectzon which ~efers to the ~im~ a~lowed to accept ar re?ec~ map applica~ions as incomplete from 15 days to 30 days The thirty day limit is author~.zed by state 1aw. In the defini~ions sectzon of the subdivision ordinanca, staf~ praposes to change the definition of "zoning ord~.nance" to °Chapter 9.04 of the Municipal Code" for clarity. In the vesting tentative maps section, s~aff recommends elimination af the portion which s~a~es that this see~ion is applicable on~y to residential development, as tha~. sta~efnent is incans~stent with state law and city practice. Other minar changes ~ proposed in this section add clarifying lang~age in order to be consisten~ with s~ate law. Staff believes that the proposed text amendment request is a clarifying change which is consistent with the intent of the existing Subd~vision Ordinance and GeneraZ P1an, zn that the proposed uses, which were pr~viausly approved by the Planning Commission, would not change, and thas subdivision app~ication does not in any way attempt to change or alter any of those conditiflns of approva~. The axr space subdivision merely provides the ability far these "lots" to be separate for operatio~al and ownership purposes. Appellant`s Concerns The appellant does not have specifiC concerns regard~ng the air space lot division nor the proposed o~dinance amendments. Rather, the appe~lant is appea~ing on ~he grounds that he belzev~s ~he original approvals for the ent~re project are invalid due to procedural errors. Specifically, the appellant cites the Upward Bound House Project attoxney`s description at the Octaber 27, 1993 Plannzng Commission meeting at which ~he a~torney stated that HUD had already cammitted funding to a 78-unit seniar project. The appellant believes that due to the reduction in size of th~ proj~ct the presentation at Planning Commission was inaccurate and thus any City of Santa Maniea action regarding the senior hausing portion should be null and vaid. ~he appellant believes that prior to any 5 further decisions by the e~ty Council regarding ~his pro~ect, the Council should be assured in writing from the attorney of the Upward Bo~nd House Project that HUD eomm~tted funds to this project przor to the approvals in October 1993. Th~ City's original approva~ of this pro~ect did not includ~ any conditions requiring HUD approvals or commitments of funding for the pro~ect. The projec~ was or~ginally proposed as 81-uni~s, and ir~. 1992 reduc~d to 78-units in order to mee~ the maximum number o~ units allowed to be funded by HUD under Section 202. After the approvals in ~993, the maximum number of units allowed by HUD for funding purpas~s under Section 202 was reduced to a maximum af 70 units and consequen~ly the project was reduced in. size to 70 units, The original decision approving this project is nat naw appealable. Staff believes that the appellant has presented no grounds for appea~. of ~he map, other than his belief that the approval ~ar the entire project is nu~.l and void. The reasons for the appel~ant's appeal are not relat~d to the January 10, 1995, Planning Commission approval of the Vesting Tentative Parcel Map, or the text amendment and therefore are not grounds for denying the request. CONCLUSION The propas~d text am~ndment is ~n~ended ta clarify ~hat ~he City is authorized to approve air space subdivisions. The vesting Tentative Parcel Map and associated air space subdivision allows the applicant 6 to lega~ly divide the parking area into ~he~r associa~ed uses for purposes of ownership and maintenance. PUBLIC NOTIFICATION Pursuant to Municipal Code Sect~ons 9.04.20.22.050 and 9 20.14.010, notxce of the public hearing was mailed to al~ owners and resident~al and comme~cia~ tenants of property located wi~hin a 500 foot radius of the project at least ten consecutive calendar days pr~or to the hearing. A copy af the notice is contained in Attachment D. Several neighborhaod meetings werE h~ld regarding DR 92-001, VAR 92- 001 and 92-Oa2, TA 92-QO1 and CUP 92-001, and the associated EnvironmenCal Impact Report. Na cornmunity mee~ings have been held ~o specifically address the ~ext amendment and tentative parcel map reques~s BUDGET/FINANCIAL IMPACT The recommendation presented in this report does n~t have any budget or ~iseal impact. RECOMMENDATION It is recommended that the City Council deny the appeal and uphold the Planning Commission`s approval of Vesting Tentative Parcel Map ~24346, subject to the Council's approval of the amendments to the Subdivision Ordinance. It is also recommended that the City Council 7 intrcduce for first reading th~ attached ordinance whi~h would, consistent with the Planning Comrnission ~ecommenda~ion, revise the Subdivzsion Ordinance ~o clarify ~hat the City is authQrized to approve air space subdivisions. TENTATTVE PARCEL MAP FINDII~TGS 1. The proposed subdivision, tagether with its provision for its design and improvements, is consistent with applicable general a~d specific plans as adopted by ~he City af Santa Monica, in that the pro~eet conforms to the provisions of the NWR2 District Development Standards of the Zaning Ordinance and the Medium Density Multi-famzly Residential Section of the Land Use Element of the General Plan. 2. The sit~ is physically suitable for the proposed type o~ development, in that it is a standard lot with no unusual chax'acteristics. 3. The site is physically suitable for the proposed density of development, in that the senior group housing component has already been approved by the Planning Cammission under a separate and previous apProval. 4. The deszgn of the subdivision or the proposed improvements will nat cause substantial environmental damage or substantially and avoidably in}ur~ £ish or wildlife or theix~ habitat, in that the proposed developmen.t is an infill of urban land and does not currently support fish or significant wildlife 5. The design of the sul~division or the type of improvement will not cause serious public health problems, ~n that the proposed development complies with the pravisions of the Zoning Ordinance and the General Plan. 6 The design of the subdivisian ar the typ~ of improvements will not conf~ict with easernents, acquired by the public at large, for access through, or use of, property w~thin the proposed subdivision, in that no such easements exist an the subject site and the px'operty has vehicular access from the 11th Court all.ey and pedestrian access from 11th Street. TENTATIVE PARC~L MAP CONDITIONS 1. AI1 off-site ~mpravements required by the City Engineer shall be installed. Plans and specifications for aff site 8 improvements shall be prepared by a registered civ~l engineer and approved by the City Engineer. 2. A subdivision improvement agreement for all off site impravements required by the City Engineer shall be prepared and a performance bond posted through the City Attorney's Office. 3. The ten~ative parcel map shall expire 24 months after approval, except as provided in the provisions of Califarnia Gov~rnm~nt Cade Section 66452.6 and Sec~ions 9.04.16.030(e) of the Santa Monica Munacipal Code. During this tzme period ~he final map shall be pr~s~nted ta ~he City of Santa Monica for approval No building permit far the proaect will be granted until such time as the f~nal map is approved by the Santa Moni~a City C~uncil. 4. In submitting required materials to thE Santa Manica Engineering Divis~on for a final map, applxcant sha~l provide a copy of the approved Statement of Official Action. 5. Prior to approval o£ the final map, CondominiutrE Associa~ion By-Laws (if applicable} and a Declaration of CC & R's sha11 be reviewed and approved ]ay the City Attorney. The CC & R' s shal]. contain a non-discrimination clause as presented in Section 9.20.20.020 (SMMC) and in the case of condominiums, contain such provisions as are required by Sec~ion 9.04 16.030(e}(SMMC). ~ The form, contents, accornpanying data, and f~ling of the final parcel map shall conform to thE provisions of Sections 9.2a.12.O1a through 9.2~.12.08~ (SMMC) and the Subdivision Map Act. The required Fina]. Parcel Map filing fee shalZ be paid prior ~.o scheduling af the Final Parcel Map tor C~~y Council appraval. 7. One m}rlar an.d one blue-line copy of ~he fznal map shall be provided to and recorded with the Los Angeles County Recorder prior to issuance af any building permzt for a condominium project pursuant to Government Code Section 66499.30. Applacant shall also provide the Caunty with a copy of this Sta~ement of Official Action at the ~ime the required cop~es of the map ar~ submitted. 8 A copy of the recorded map shall be provided to the Planning and Zoning Division before issuance of a building permit 9. Al1 conditions af approval for Text Amendmen~ 92-DOI, Conditional Use Permit 92-001, D~velopment Review Permit 92- OOI, Variance 92-001 and 92-002, and Environmental Impact Report 93-002 shall remain in effect and appraval af this request sha11 in no way change ar alter of the conditions of 9 the priar approval. 10_ Prior to final map approval, a deed res~r~ction, or ather instrument{s) in a form acceptable to th~ City Attorney, shall be recarded which ensures the fol~o~~ng: (a) that the air space lots have accESS to appropriate pubiic rights-of-way by means of one or mo~e easements or other entitlements to use, in a form satisfactory to the City Engineer; and (b} that parking requirements, setback requirem~nts building dens~ty limitat~ans, building envelope limitations, yard requirements, landscaping requirem~nts, inclusionary housing requirements, Building cade and ather technical code requi~ements and ather standards atfecting the development of the property, shal~ be det~rmined for the air spac~ lots as if alI lots in the air space subdivisian were merged inta the same lot Attachments- A. Appellant's Statement B Ordinance for Intraduction and First Reading C. Notice of Public Hearing D. Ves~ing Tentative Parce~ Map E. Radius and Lacation Map Prepared by• Suzanne Frick, Director D. Kenyon Webster, Planning Ma~ager Susan Healy Keene, Acting Assoc~a~e Planner, Planning & Zoning Division Plann~ng and Community Development Department SHK f.\plan\share\council\strpt\ata95011 10 A~'TACI~ENT' A City of ~ ~ Santa Monica Department of PlannRr~g and Commurnty De~elopment _• Planning and Zoning Divislon (310) 458-8341 j~~F ~ u~ FEE: ~;V9:8Q APPEAl. FQRM Date ~4ed ~ ~ y 2 ! ~ ~ Received~.By ~ ~ ~-'~'~ Receipt No ` _ ~" ~ ?~-,~~'G t Name ~IZZI'A~ R. TE~ICHVVORTH A~dress ~-~~7-~-Oth. Street~ #301, 5anta Monicai C.~ 90403 Cantact Person ~~e as above Phone ~l~-~~~'~~4~ Please desaibe the pra;ect and dec~s~on to be ~pealed V~'~`~~ ~ound House ~~o ject : Text ~kmendment 95-O~lt Vesting Tentative arcel Map ~#2434~. The decision on Jaxlu~y 1.0, IggS. Case Number l~~ ~~~' ~ ~ ~ ~ Addres5 I ~ I 4 ~_-~~ ~-~t=-t~ ~!~ ~ ~~~- AppE~cant l ~a ~_ ~~t'- F~ ~r: ~- i~ ~ ) ~ ~"~ ~- ~t Or~g~~aR Hearing Date ~-,~ s ~' ~ "~-= 4r~ginal Actian _.~}~[~ ~~ .~°'. ~ ~ i-`;i ~~. 3 ~' i ~;- ~~ ~°, - t'~~~~~' [s ~' ~J~'~`~~ ~~ ~= '~ Please state the specitic reason(sy ior the appeal ~he 78-uz~it Senior Housing ~ortian o~ the _ Unward Bound House Pxo jec-~ is a~Hl~M and will NOT be bu,iZt. ~'lease read the atta~hed three 1~~ge ner~ar~du~ dated 1-22-96 to th~ ~aia~a P~onica C~ty Council ~ Sar~ta Monica City ~t~torney a.nd ~anta i~onica City I~anag eT . ~` Please provld two.s~lf~add~essed, siamped,~ er-sized e elapes. ~ `~ t~ f.=~; . f- " , / ~~~ S~ nature l-~ ~ ~~~ ~ ~ ~ ( Date I ~ ~ ~ ~ 9 List of Apqeal Deadlines~ Var~ance dec~sions 14 days (SMMC Sect~on 9 04 20 10 080) Hame Occupat~an dec~sians 14 days tSMMC Sect~on 9 04 20 40 060) Temparary lJse Permitdecisions mvolving pro~ee~s hav~ng span af 45 ~ays or more 7 days (SMMC Section 9 04 20 48 060 ) Performar~ce Star~dards Perm~t dec~s~ans 1~ days (SMMC Sect+or~ 9 D4 20 26 060) ' Re~uced ParkGng Perm~t dec~skons 14 days (SMMC Sect~on S 0~ 2a 26 070) ~ Adm~nistrative Apprvvals (revocat~on thereof only) 7 days (SMMC Section 9 44 20 28 fl50) Ocean Park Yard Reduct~or~ Permits 14 days (SMMC Section 9 44 20 32 070 } ArehEtectural Rev~ew Board dec,sEOns i D days ~SMMC Sect~Qn 9 32160y ~andmarks Comm~ss~on decis~ons 10 days (SMMC Section 9 3$180~ Cand~t~onal Use Perm~t dec~s~ons 14 days (SMMC Sect~or~ 9 04 2U 12 080) Development Review PeGmit decis~ons 14 days (Sectian 9 04 20 14 070} ~entat~ve Map decas~ons ~~ days ~SMMG Sect,on 9 2014 Q70~ *Appeal periods begin an next busmess day follawmg #he decES~on Appeal periods endmg on weekends or halidays are extended to the r~ext busrness day Ap~eals must t~e fr~ed on forms avarla~le from ~lanrnng and Zornr~g otf+ce ar~d be accampan~ed by appropr~ate f~hng fee. See San~a Mon~ca Mun~c~pal Code for more ~nformat~on Date fl1122f96 To Santa Mornca City Gouncil CC S~nta Monica City Attorney and Santa Monica City Manager From Will~am R Teaehworth RE APPEAL OF SA~fTA MON4CA PLANIVING COMMISSlON DECISION RE: TEXT AMENDMENT 95-011 I do understand that th~s appeal o~ the Santa Mornca Plann~ng Commiss~on decision regarding Text Amendment 95-011, Vestmg Tentati~e Parcel Map #24346 on January 10, ~ 996 deals with ti~e 78-unit 5enior Hvusing portion of the Upward Bound House Pro~ect f do understand that this 78-un~t Senior Hous~ng portion was appro~ed by the Santa Monica Plann-ng Comm~ss~o~ on Dctober 27, 'E993 dur~~g wh~ch tFme the prv~eet's attomey introd~+ced the Urntecf States Department of Housmg and Urban Deve~opment's (HUD's} commttted ~'inan~~al fiduc~ary pos~tion to the seventy-e~ght (78)-unRt Sen~or Hous~ng port~on and thus made this financ~al fiduc~ary posit~on to a d~stmct SfZE pro~ect a matter of pubi~~ concem The Uprrvard Bound Hause Pro~ect's attarney described HUD's financial fduc~ary posRt~on as HUD havmg already commtitted 5 2 m~l{~an dollars to a 78-urnt Ssn~or Housmg portion and that HUD had endorsed the 5enior Housing portion HUD would hav~ issued a wntt~n form confi~ming the comm~tment I do understaRd that the Upward Bound Hause Prolect's attomey may NOT have accurately described, in his public present~tron at the October 27, ~ 993 presentatEOn to the Sar~ta Mon~ca Plannir~g Commission, HUD's financial fiduc~ary ~osition regarding the SIZE of the Seniar Housing portion bemg drscussed at th~t speafic meet~ng And thus, any City of Santa Monica act~on regardmg the 5en~or Hausing port+on an/beforelafter Octaber 27, 1993 co~id be NULL and VQID I do understand that the 78-unft Sernor Ho~sing portian was appra~ed by the Santa Mon~ca City CouncRl on January 24, 1994 w~th the pubiic record indicating that #his Senior Housing portran had a financial fiduciary commrtment from HUD `~~7 ~~~ mr~Ru~ I very rec~nfly went ta the Santa Monica Planning Department's offce and reviewed the files preser~ted to me by staff regardmg the Upward Bour~d House Pro~ect 1 made numerous hand-writter~ notations about what I had found In the files, there is a letter to Mr Hirsch of HUD's Los Angeles Office and dated 6-29-93 that says, ~n part, as foilows "This letter wiil confirm that on Sep#ember 10, 1992, Upward Bound House filed re~~sed applicat~an for an affordable sen~or housing pro~ect cons~st,ng of 81-un~#s at 1011 Ele~enth St ""A F~nal Environmental Impact Repart on this proaect is being campfeted " Th~s ~s t~e LAST (~f not only} letter that accurately deseribes the Sen+or Housrng port~on (81-un~ts) to the Federal Go~emmer~t funding agency (HUD) to which an appl~cat~on for fundmg had already been sent #or cons~derat~an of a commitment af federal monies This le~ter dated 6-29-93 also ~s the LAST (if not vnly) letter that says that an EIR was being completed far the same SIZE Sernor Housing part~on (81-units) To wit, 81-units on the applicafion sent ta HUD, 81-units m the correlatad EIR, 81-unrts for the plans that would have been submitted rnnth the appl~catGOn (or promised €ar some #ater date BEFORE a Fede~al Go~emment agency {HUD) could execute the distnbut~on of monies based on a financial fiduGary commitment) AND, hopefully, 81-units m the pEans submitt~d to the City of Santa Man~ca for their ~rocess~ng ! FOUND NO PlANS ~OR AN 81-unit Senior Housing portion m the pubhc files as I glanced at them However, t~ere were mult~ple copies af what appeared to be extensi~e blueprfnts for a 78-unit Senior Hous~~g portion and which pl~ns had dates Er~ red numbers earlier than October 27, 1993 fr~itia! funding commitments to pra~ects of this Senior Hous~ng portion type are for eighteen months m length and then an extens~on request is required Thus, the in~tia~ H~Q commEtme~t (as presented by the Upward Bound House Pro~ect's attorney) far 5 2 mdi~an dollars would ha~e e~~red before now The follov~nng action should be campfeted as a matter af addressing pubf~c concern Before the Santa Monfca City Counral considers making any decisivn on my fnstant ap~eal (this instant oorrespondence), they should be convinced, ~n vwnt~ng from the Upward Bound House Pro~ect's attomey, that a wntten HUD commitment af 5 2 million do~lars ~or any amount) for a 78-un~# Senror Housing portion c~id exist onlbefore Qctaber 27, 1993 and that proper extensior~ requests have been filed by the Upward Bound House P~o~ecYs representati~e And then that HUD had granted the cont~nuat~on of the a~a~la~~hty of this fund~ng commitment for this 78-un~t Senror Housmg port~arr up to and beyond the time of any City decision makir~g or cons~derat~an act~vity regard~ng ihe heanng of th~s ~nstant appeai n1 ~~ Rrc~ ~~ ~~3 ~ ~' Ae#~~ity to obtain a copy of the mitial 78-unrt HUD fnancial fiduc~ary comm~tment itself and of any HUQ granted extension sho~ld IMMEDIATELY START AND VIGOROUSLY BE PURSUED fior subsequent filing of the cop~es in the public record I asic for this act~~~ty by the Santa Monic~ C~ty Councrl, or others under rts direction and order, since the Upward Bound House Pro~ect's attomey's PRESENTATION of HUD's financial fiduciary position on a 78-unit Senior Housing portion was made a matter af public cancem, althaugh 1 am aware that normal City policy ~s that the funding sources for such pro~ects as the Sentvr Housing port~on are not of concern to the City ~ i 7 f ,, i W~Iliam R Teachwvrth n ~ r~ aia~ ~~ ~~~ ~ A~"I'A~I~I/IE~T' ~ CA:f:\atty~muni\Zaws\mhs\5ubdiv City CounciY Meeting 2-13-96 Santa Monica, California ORDIN~I+ICE NUMBER (CCS) (Ci~y Council Series} AN ORDZNANCE ~F THE CITY COUNCIL OF THE CITY QF SANTA MONICA AMENDING VARIOT.]S SECTIONS OF SANTA MONICA MUNICIPAL CODE CHAPTER 9.20 REGARDING SUBDZVISIONS WHEREAS, the Planning Commission recommended that certain amendments be made to Santa Manica Municipal Code Chapter 9.20 governing subdivisions in order ta accammodate air rights subdivisions; and WHEREAS, certain other amendments to Chapter 9.20 are necessary for clarity, convenience of administration or to ensure campliance ~rith state ].aw, NOW, THEREFaRE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLL~WS: SECTION 1. Section 9.20.42.054 of the Santa Manica Municipa~ Cade is amended to read as follows: 9,20.02.054 DefiAitions. The fol~awing words or phrases as used in this Chapt~r shaZl have the follawing meanings: (a) Advisory Aqency. A designated afficial or an afficial bady charged with the duty of making 1 ~~ C~15 investigations and reparts on the design and improvaments of proposed divisions of real property. (b) Ai~' Space Lot. :1 ~: i~ ~~ i~:t c:t Cn~~ .~_. .-r ~=E•c+~r . ;~ k ^ . ~ : 1:,~, c;r ~...~rtia l 1}• .~~•-~~:c~ ~:~ 3 ~~r,;:h a I _~: ' : T ~ 1 .~'lltn w ::-'';, ~r2`[~~~1. 11Z;~ .J~:1:[ ~' el`1 : ~ :~~~~ E'. ~:_9r 'i . . '['~ ~lE• : :7: t~~ t:'~ ~:..'~.~i1C(: Fi~ .1 .J i~~ ~.:.J ~~~'~1~+~' a): ~'. r' ' 1• • ~~-:r crs~ , r~:-r~ ~~ .~t ~~~ ;]' r ~,:; ur po• - .~;: , t ~~~ ; ~ . . . .-c:c:r , n: , L~.. i ln i rr;:, cr r.^+-t ~~n: Ci1C't"r:c;i ,^r ~...:~ .--~sr; ...=t'' . i f' r: . ~' : F~elr.'[' :~} ;~'.'J ~ 1 .:C: I~ii'~~t J T~ LC'.: ~. ~fl . .~ : ~r~:-~ ~rn] ~:~f.~.rit•t n.iRt.~r c~r :c~t-.~;• c•i _. ~ :y,. . ~.r.:i. i:,i..;~ c;r ~.~~r.:~l ~n~aN r~::or:i~~i iii ~:tir ~~*. i :~- : ~ • ,,• * ~ •~.,:•e:r~;r~r. (c) Block. The area of land within a subdivision which area is entirely bounded by streets, highways or ways, except alleys, or the exterzor baundary or boundaries of the subdi~ision. (d) Coramunity Apartment. A project as defined in Business and Professions Code Section 11Q04 in which an undivided interest in the land is coupled ~rith the right of exclusive occupancy of any apartment. (e) Gondominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial bui].ding on such real prope~ty, such as an apartment, office, or store. A condominium may include, 2 ~'•~ [~~~ in addition, a separate interest in other portions of such real property. (f} Conversian. The czeatian of separate ownership of existing improved real property together with a separate interest in space af residential, industrial or commercial buildings thereon. A conversion may be accomplished by condomi.nium, stock cooperative, community apartment, or coaperative apartment. (g) Coaperative Apartmsnt. Pursuant to the City~s authority to regulate subdivisions not regulated by the Subdivision Map Act as authorized by Government Code Section 65411, a project af more than three units in which an undivided interest in land is coupled with the right of occupancy of any apartment lacated thereon, whether such right is contained in the form of a written ar oral agreement, ~rhen such right does n~t appear an the tace af the deed. (h) Design. Street alignments, grades and width; drainage and sanitary facilities and utilities, including alignments and grades thereof; lacation and size of aZl required easements and rights-of-way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated far park or recreational purposes; and such other specific requirements in the plan and conf iguration af the entire subdivision as may be necessary or convenient to insure canfor~nity ta or 3 ~~ ~~ ~ implamentatian of the General Plan or any adopted specific plan. (i) Final Map. A map showing a subdivision far which a tentative and final map is required by this Chapter, prepared in accordance with the pro~isions of this Chapter and the Subdivision Map Act and designed ta be recorded in the office of the County Recorder. (j) Final Parcel Map. A final map for a parcel. (k) Final Subdivision Map. A final map for a subdivision. (1) General Plan. The General Plan of the City of Santa Monica. (zn} Improvement. Street work, storm drainage, utilities and landscaping ta ]ae installed, ar agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance af the final map thereof; or ta such ather specific improvements Qr type of i~nprovements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the lacal agency or by a combinatian thereof, is necessary to convenient ta insure conformity 4 ~~ ~~~ to or i~plementation of the General Plan ar any adopted specific plan. (n} Lot. A parcel or portion of land separated from other parceZs or portions by descriptian, as on a subdivision or recard of survey map, or by metes and x <, t •,, bounds, for purpose of sale, lease, or separate use. #, A~~ ~~• ..:;~:~, .i i r : wr,c•~ ' e~: ,,~ -;n r' i n~{: 1•rr^ ir . {o} Lot Line AdjustmeAt. A minor shift or rotation of an exi.sting 7.ot line ar other adjustments where a greater number of parcels than originally existed is not created, (p) Merqer. The joining of two (2) ar more contigunus parcels af land under Qne ownership into one parcel. (q) Subdivision Map Act. The Subdivision Map Act of the State of Cal,ifornia. (r) Parce7. Map. A map showing a division of land of four (4) ar less parcels as required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivisian Map Act. (s) Peripberal Street. An existing street whose right-of-way is contiguous to the e~erior boundary of the subdivision. {t} Remainder. That portion of an existing parcel which is not included as part of the subdivided land. The remainder is not considered as part of the subdivision 5 ~ ~ O 1 ~? but must be shown on the required maps as part of the area surrounding subdivision development. (u) Stock Cooperative. A corporation as defined in Business and Professians Code Section 11003.2 which is primarily for the purpose of holding title to property if shareholders receive the right ta exclusive occupancy in a portion of property and whose right to occupancy transfars co~currently with the transfer of an interest in the corporation. (v~ Subdiv%der. A person who proposes to divide, divides, or causes to be divided real praparty into a subdivision for the subdivider or far others; except employees and consultants of such persans ar entities acting in such capacity, are not "subdividers." (w) Subdivision. The di~ision, by any subdivider, of any units ar unit of improved or unimproved contiguous land shown an the latest equalizad County assessment rall as a unit ar as contiguaus units for the purpose of sale, Zease ar financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility ~asements or railroad rights-of-way. Subdivision includes a condominium project, as defined herein or in California Civil Code Section ~'~^ ;»:;F~, a community apartment project, as defined herein or in California Civil Code Section 1351(d), a stock cooperative, as defined herain 6 ~~ ~~~ or in California 5~~~: ~~~ ~- T~~~~~~~~.... [' i ti i: ~'ade 5ection ~~~~.2 l~s;i!:~~'', e~ a caoperative apartment as defined herein, cr *..kn or :~arc a i:^ s:p.~c:C~ ~ at:~ ~~ ~~s~ ; i n~ ~ •yc-r^:r~. Any conveyance of land to a governmental agency, publZC entity, or public utility shall not be consid~red a d~.vision of land for purpases of computing the number of parcels. "SubdivisloS" does not include anything excluded from the definition of subdivision in the SubdivisiQn Map Act unless otherwise provided for herain. (x) Suladiviaian Map. A map showing a division of land of five (5) or more parcels as required by this Chapter, prepared in accordance with the provisions of this Chapter and the Subdivision Map Act. (y) Tentative Map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it. (z) Tentative Parcel Map. A tentative map for a parcel. (aa) Tentative SSubaivision Map. A tentative map for a subdivisian. (bb} Zoning Ordinanae. n~ ~~~~~ ~ :::~.,;~}~~r '~ . :~ = of the Municipal Code. S~CTI~N 2. Section 9.20.04.020 of the Municipal Code is amended to read as fallows: 9.20.a4.aao Five or more paraels. 7 ~_: ~~~ s A tentative subdivision map and final subdivision map shall be required for a].1 divisions of land into f ive (5) or more parcels, five (5) or more candominiums as defined in Civil Code Section 783, a cominunity apartment project containing five (5) or more units, a stock cooperative cantaining five (5) or more units, e~ a cooperative apartment containing five (5} or more units, :1' :~l ~:" .~1'A.'C L.'~.~.'?~~i\'1°~1G^ ~:C~:1}r~'~Ill:j _7~[• :)~ r~c~r ' ~:.t: . SECTION 3. S2ction 9.20.04.030 of the Municipal Code is amended to read as follows: 4.2~.04.030 Four or less parcels. A tentative parcel map and f inal parcel map shall be required for all divisions of land which create faur (4) or less parcels, four (4) or less condominiums as defined in Civil Code Saction 783, a community apartment project containinq fdur (4) ar less units, a stock coaperati~re containing four {4) or less units, or a coaperative apartment containing four (4) or less unit:~, c:' :-;i ~i:' ;xy~a~:~: :.i~•J ~ti~:~ ic~n s:ant~ in9n•3 1a.ir or ~~ .. lc~r.•. SECTION 4. Section 9.20.06.040 of the Municipal Code is amended ta read as follaws: 9.20.06.04G Submittal and processinq of tentative aubdivision maps. 8 ~~ C~22 The tentative subdivision map shall be accepted for filing only when such map conforms to Section 9.20.06.020 and when all accompanying data or reports as required by Section 9.20.OS.030 have been submitted and accepted by the Director of Planning. The Director of Planning sha7.1 accept or reject such maps for filing in writing within fift~c- ;~~; t?• ~ rt f r"3ry; days of the date of submittal. Any map which is rejected for filing shaZl specify the reasons for the rejection. The time periods far acting upon such maps shall cominence from the date of the letter accepting the map for filing. The subdivider shall file with the Dir~ctor of Planning the number of tentative maps that the Director of Planning deems necessary. SECTION 5. Section 9.20.D6.060 of the Municipal Cade is amended to read as follows: 9.20.06.06o Vestinq tentative map. (a) A"vesting tentative map" is a tentative map as defined in this Chapter which shall have printed conspicuously on its face the words "Vesting Tentative Map" and which is processed in accordance with this Section. /b~ r„ti. s ~ n,.,.~; ti..., , ~~~,. , ,..~ .... ~~r : ~~ :~ ~ ~~a ^.. ^ ~. ~.........~ .....t~ 1' u 1"1"~~ ..... . ~ C:~ ~~ : ~~~r.-~. ~~~ . Whenever a tentative map ~w~ ~. iM4lavia.ai ~ ~~' ~--L = -' ~~.~~~ :;c: ~ is re uired this b Cha ter a vestin ~, q y p , g 9 ~~ oz3 tentative map may be filed instead. Tf a subdivider does not seak the r~ghts conferred by a vesting tentative map, the filing of a vesting tentative map shall not be required as a prerequisite to any approva~ for any pr~posed subdivision, permit for construction, or work preparatory to construction. (c) A vesting tentative map shall be processed in the manner provided in Sections 9.20.06.040 and 9.20.06.050 of this Chapter. A vesting tentative map shall be filed in the sa~are form and with the same content as provided in Sections 9.20.06.020 and 9.20.06.030 of this Ghapter except that the words "Vesting Tentative Map" shall be conspicuausly printed on the face thereon. (d) A vasting tentative ~¢ap shall expire and be subject to the same extensions as apply to a tentative map as set forth in this Chapter. {e~ The approval or conditional approval af a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with those ordinances, policies and standards in effect as of th~ date the applicatian tor a vesting tentative map is determined ta be camplete, or as otherwise parmitted by Government Code Section 66474.2. If Government Code Section 56474.2 is repealed, the approval or conditional approval of a vesting tentative map shall canfer a vested right to proceed with development in substantial 10 ~~ 02~ compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or cvnditionally approved. Approval af a vesting tentative ~ap shall in no way limit or diminish the authority of the City to deny or impose reasonabie conditions in conjunction with subs~quent appravals relating to the project provided the City applies those ordinances, policies and standards in effect at the time of approval af the vesting tentative map. (f) Notwithstanding Subsection (ey, the City may condition or deny a permit, approval, extension, or entitlement for use based upan ardinances, policies and standards enacted subsequent ta the time the vesting tentative map is approved or conditional~y appraved if any of the followin~ are determined: (1) A failure to do so would place the residents of the subdivision or the immediate co~munity, or both, in a condition dangerous to their health or safety, or both. (2) The condition or denia~ is required in order to comply with state or federa~ law. (g) The rights referred to in this Section shall expire if a fina~ map is not approved prior to the expiration of the vesting tentative map ~~. r~ ~.~~~~ .... r~~~~ ..~~~ ~~~~~~.. ;'~~. After the fina~ map is approved, 11 ~'' ~ ~ J the rights referred ta in this Section shall apply for the following time periods: {1y An initial time period af one year ~f-~r r•c~:•:~r•n:~t i:ti :~f t~~- f i n:~', :~a~~. Where several final maps ar~ recorded on various phases af a project covered by a sing~e vesting tentative map, this ~nitial time period shall begin for each phase when the final map for that phase is recorded. (2) The initial time period provided in Subsection (g)(1) shall be automatically extended by any time used by the City for processing a complete application for a grading permit or for design or architectural review, if the time ta process ~~; application exceeds thirty (30} days from the date a camplete application is filed. (3) A subdivider may apply to the Planning C~mmission for a ane year extension at any time prior to th~ expiration of the initial time period provided by this Section. If the extension is denied, the subdivider may appeal that decision to the City Council within fifteen (15} days. (4~ If the subdivider submits a complete application for a building permit during the time period provided in this Section, the vested right to proceed shall be extended unti~ the expiration of the building 12 ~~ 026 permit r,r .~nr. rxtr+ns;iori ::{ ~F•~i~ F~~r~ i r qr•~r.-.c--] t:r~ ,-h , ;~~~~ . (h} Whene~er a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the Zoning Ordinance in existence at that time, that inconsistency shall be nated on the map. The City shall deny sueh a vesting tentative map or approve it conditioned upon the subdividar abtaining the necessary change in the Zoning Ordinance to e~iminate the inconsistency. ~f the change in the Z~ning Ordinance is obtained, the approved or conditionally approved vesting tentative map sha~l confer the vested right to proceed with development in substantial camplianc~ with the change in the Zoning Ordinance and the map as approved. (i) Notwithstanding any pravision of this Section, a property owner or his or her designee may seek approva~s or permits far develapment which departs fram the ardinances~ policies and standards described in Subsection (e), the City may qrant these approvals or issue these permits ta the e~ent that the departures are authorized under applicable law. SECTION 6. Section 9.20.08.030 of the Municipal Code is amended to read as follaws: 9.24.08.04o Content~. ]. 3 ~~ a2~ The contents of the final subdivision map shall conform to the Subdivision Map Act and as set farth below: (a) Boundary. The boundary of the subdivision sha11 be d~signated by a heavy black line in such manner as not ta obliterate figures or other data. (b) Title. Each sheet shall have a title showing the subdivision number and name and location of the property b~ing subdivided with reference to maps which have been previously recorded, or by reference to the plat of a United States Survey. The following words shall appear in the title, "In th~ City of Santa Monica." (c) Certifiaates. The following certificates shall appear only once an the cover sheet. (1} Owner's Certifiaate. A certificate, signed and acknowledged by all parties having record title interest in the land subdivided, excepting those parties having rights-of-way, easements, other interests which cannot ripen into a fee, or other exceptians provided by the Subdiv~.sion Map Act, and consenting to the preparation and recordation of the final subdivision map and offering for dedication to the publia certain specific parcels af land. (2) Enqineer's Certificate. A certificate by the engineer or surveyo~ respQnsible for the survey and final subdivision map shall appear on the map. The certif icate shall give the date of the survey, state that 14 ~~` ~28 the survey and final subdivision map were made by ar under the direct~.on of the engineer or surveyor, and that the survey is true and complete as shown. The certificate shall also state that all monuments are of the character and occupy the positions indicated, or that they will be set in such position on or before a specified later date. The certificate shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. The certificate shall be in the form required by the Subdivision Map Act. (3) Citp Enqineer's Certifieate. A certificate by the City Engineer stating that the final subdivision map has been examined and that it is in accord with tha tentative map and any approved alterations thereof, camplies with the Subdivision Map Act and the provisions af the Chapter, and is technically c~rrect. The City Engineer shail not execute such certification until rece~ving a repart from the Director of Planning of campliance with all conditions of the tentative subdivision map. The cextification shall be conditi~nal an the City Council finding that all conditians of the tentative subdivisian map have been complied with. (4) City Clerk's Certificate. A certificate for execution by the City Clerk stating the date and number of the resolution adopted by the City Council 15 ~~ ozs approving the final subdivision map and stating that the City Council accepted, accepted subject to improvement or rejected on behalf of the public, any real property offered for dedication for public use in confarmity with the terms of the offer of dedication. (5) Caunty Recorder~s Certificate. A certificate to be executed by the County Recorder stating that the final subdivision map has been accepted far filing, that the final subdi~~sion map has been examined and that it complies with the provisions of State laws and local ordinances govexning the filing of final subdivision maps. The certificate shal~ shaw who requested the filing of the final subdivision map, the time and date the map was fi~ed and the book and page where the map was filed. (6) County Cierk's Certifiaate. A certi~icate to be executed by the County Clerk stating that all taxes due have been paid ar that a tax bond assuring the payment of a11 taxes which are a lien but not yet payable has been f iled with the County. (d) Soale, Narth Point and Basis of Bearinqs. There must appear on each map sheet the scale, the north point and the basis of bearings in relation to a previously recorded final map, and the equation of the bearing of 16 ~~} o3a true north. The basis of bearings shall be approved by the City Engineer. (e) Linear, Anqular and Radial Data. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of mon~ment lines, street centerlines, the boundary lines af the subdivision and af the boundary lines on every lot and parcel which is a part thereof . Length, radius and tatal central angle or radial bearings of all curves sha11 be shown. Ditto marks sha~.l nat be used in the dimensions and data shown on the final subdivision map. (f) Monuments. The location and descriptian o~ a11 existing and proposed monuments shall be shown. Standard City monuments shall be set at (or from off--sets as approved by the City Engineer} tha following locations: (1) The intersection of street centerlines. (2) Beginning and end of curves in centerlines. (3) At other lncations as may be required by the City Engineer. {g) Lot Nwmbe]rs. Lot numbers shall begin with the number 1 in each subdivision and shall continue consecutively with no omissions ar duplications except where cantiguous lands, under the same ownership, are being subdivided in success~ve units, in which event lot numbers may begin with the next consecutive number 17 ~ ~r L~ J ~ following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final subdivision map, unless approved by the City Engineer. (h) City Boundaries. City boundaries which cross or join the subdivision sha11 be clearly designated. (i) Street Names. The names of all streets, alleys, ar highways wi.thin or adjoining the subdivision shall be shown. (j) Easements. Easements for roads or streets, paths, storm water drainage, sanitary sewers or other public use as may be required, shall be dedicated to the public for acceptance by the City or other public agency, and the use shall be specified on the final subdivision map. If at the time the final subdivision ~nap is approved, any streets, paths, alleys ar storm drainage easements are not accepted by the City Cauncil, the affer of dedication shall remain open and the City Council may, by resolution at any later date, accept and open the streets, paths, alleys or StDl'Iil drainage easements for public us~, which acceptance shall be recorded in the of f ice af the Caunty Recorder . All easements of record shall be shawn on the final subdivision map, tagether with the name of the grantee and sufficient recording data to identify the conveyance, e. g., recarder' s serial number and date, or book and page of of f icial records . 18 ~ . (~~~ Easements not disclosed by the records in the office ~f the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the final subdivision map, identifying the apparent dominant tenements for which the easements was created. The sidelines of all easements of record shall be shown by dashed lines on the final subdivision map with the widths, lengths and bearings of record. The width and ~ocation of all easements shall be approved by the City Engineer. (k) subdivision Improvement Agreements. If, at the time af approval of the final map, any public improve~r-ents required pursuant to this Chapter have not been completed and accepted in accordance with the conditions of the tentative map, the subdivider shall enter into an agree.~nent with the City to either complete the impranements at the subdividers expense or to create a special assessment for the financing and compl.etian of such improvements. The City shall require a security guarantee for the cQmpletion of any such improvements. ~ ~~ .~[a1' 'i'..ll.:.V1:+1i:'~: !7~ :911' :i~`~':C'~ 4~1 C'X:1~:['~E'~J i:,~r:~rr~i.. ~•ic~x c~r ~~.. -a.~::~.:f:c :c~t~, r,f~~l l :~c . rr,-: ~•: ~:.. ~I :~~ _:^-:C~c:F~ ~i:+t.~ll~~ ]r~.a:31:iq v~r'tlc:.:: 1]-it., ~r .~I~ ,~c~;~~{a.n~ ~.u:~ ~ i ~ ~:~~~cr~~= =~ta L: 1~!1 i n ~nr .;•~ r~~. . . . ..~r :1~.a ~: i'4:rr.~=~Y.cr~~ 19 ~ - ~33 SECTION 7. Section 9.20.20.030 ~s added to the Santa Monica Municipal Code to read as follows: 9.~D.20.03D ~ir Space Subdivisian. !'~: -~~t- ~:p:~~r~ :;ur~c9'_k•:~'_a„=. :•:in~•:~~ l~r :~z~~. ~•*' •, '••rn~; ~: n an~ [ct ~~rn•~ ••c ~~i~ i r~~-r nt ~. F, ti r i'~i : rc:...~r..~.,•~:.::, :=;~~i~:~~•~C !C'f~411'[.:r~~:`:=, r:.•:c~ rcr :r~~i~;:': I :••it.~r~~:i=., ::u~]ei~r~ ~~;-.•c~.n~sc~ I . •'.~ ~~.e~~~-., •r.:•• ~ ~~~:..irc~;'=:~~.;, iciT~:~:~t~~~~;inr~ rCC~JiTf.'.1{'i'~-~:, in~:la-~i:~:,..-- ''.'. .. ~ I Cl'1 ~'t+[7:i I F'C!'"l~:lrf ~ ~71: I ~ lJ 1 Il[~ ~:O[][: .!~'i~ qt.rl['1' T.S'.'f'~ l: : ~ ...:f+ *i'.~'i.1"C•T'[':1tE:~ 'i~:~: ^tf'^1" ~~:l~7[~cir'~~~i -~ i . ' . 'C T : ~~.•:rlc~t -e•~~ ~f tF~~ g~r~W~.nL~i.f :'~•= 1 t:r ~l~~tc~~•:r~c+tl i~.r ~,-.~ •i= :a[Jr::'C' ~C'.t:S -]~i lf d~ ~ }U:;s .f ~'1~' i." ' F •- :l+k~JLY1.~LJl'1 ~E'C_' ~:~C'P~t~_~ 11~$:~ rF1f' ~+~^P ~:]'. :.1~ '[ ~11' lflt•. .:.1~~:: L:L'['AT. 1 Tl ~ A.< <.~}A~:[~ 1 i:`:- ~ i}t F1E': t..~!8~: R~']IIi~C~ I': I L.1":' ~ ....':J6^lt.'~ e1F,-'~r~.~uC:f1t~'~ :]C Ca~0~.1~'C's'CL4~C' c1E7t~`^t:'[IlC3~ •,i:1 ! ea~~ ~~rl : I~ I Jr'It'~ L1F:fJ~'1 ttlC 1'E'W~il'['. l.r.:0~:. pr i c~r- t:: ~_~7.: ~ ~.:, ~~S;~ra+~~ 1, ct' ~ic~rri rr+:=t r~ r:t i ~1I1i+~ c~r ot h~~r ~ n;t i_.~• c^t.. . ~ 1~.r n ~a:.:E•::t:~1E: ~ i: ~:i) ~:f:E~ ~:1 i'li r'~I} ~C)~'~~4?~ ~ n'1 I~'~' . (r~) r::1~:~~ri'. rf1~1t ttl[ -~11' '3.,.~C~' 1:7T:. '1...'E :~C'C'~.,:: .-~' ~t~_,rc:~.r•. ~~[~ ~~ut~] 1:, r:.:::r:;-of -w.ar. n;y ~~~c~ar:; c.f : ~~e+ ~r r ~.rr c•ic,~~m~nts. c.r cyth~~r ~n~1t1E~, ~nta tc~ •.f.~, i:~ .: f.-~ •: ::,.~y i~~1 .ac::.;~* y tc~ t~.r ~ i t r. J'i~c; i i:ce: : inei (k7) ~[•~tP1Ct C'~~i:h ~O~ FO tf:At 1111C:11tIlJf l.~t :3~ tL^~ ..;i; _n~;~:~n ~ws3 ar~~~ rer4iremcr.r~. nark'.i~~~ a•~c~~.ir-~mc~nr:-. ~~~i,~cM tnquire^~~nt~ ~~~ilc~ar.•~ r~n.r::;.~~~ 1~~~~itatL~i~~ ~•~~, t.ui lt.iinc; c,r.rs~~c' 111111tdt1~7~1:+, ~~~x~i recsii~ r~:mc~n~.;, zo ° ~ Q34 1~n~3ir-j~; i n~! r~c:t. i r~~c~iir •:, i ~c:l ~~: ~ ~ii.~ r} ~c~~~r: i•i ~ rr~~;uirr~r~n*s;, :3uilc:inq €:0~9~ ~~n~9 ot:~rr rr~c~hri'.c~i ;:~::~c 1"r+r~l~lr~mr.:lt~~ ~°r. ath~: ~t~ncia~:~~ r~f~e~~t:r.r~ ~hr, • 1~~4'E+~'.1E]IICr~r~} f3~ t'1!"r ~Y?'[}r]f'~"~ r eSTC [jL^tf'1""~' T:Ei] j f]~ ~ hC~ 1° 1' :~:=1C'C ~Ct:: A i If [!~~ ~U~G 1~] r}lf .1}Y .': .:L:L' : l.t.:jI~JI.~IJ:I drre~ mc r~~~c: i:: t o t F.e :~ a-~ 1 ot . SECTION 8. Any provision af the Santa Monica Munieipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 9. If any section, subsection, sent~nc~, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a dec~sion of any court of any competent jurisdiction, such decision shall not affect the va].idity of the remaining portions ~f this Ordinance. The City Council hereby declares that it wauld have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not dec].ared invalid or uncQnstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutiona~. 21 ~=~ d35 SECTION 10. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinanca. The City Clerk shall cause this ardinance, ar a summary thereof to be published once in the official newspaper within 15 days after its adoptian. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: f MARSHA JO MOUTRiE City Att ey 22 ~ ~ t13 6 AT~'ACI-~ ~"~TT C ~ ~ QFFICIAL NOTICE OF PUBLIC HEARiNG Sub~ect of Hearing Text Amendrnent 95-011, Vestmg Tentatlve Parcel Map #24346 1011 llth Street , R2-NW. Appl~cant Upward Bound House A Pi2b~ic Hearing w1I1 be held by the P~ann2ng Commzssion on the fo~lo~v2n~ request Review of amendmerns to the Subdivision Ordinance (Chapter 9 20 (CCSM)) to allow the airspace subdi~lslon of a Iot and request for approval of Vesting Tentatr~e Parcel Map #24346 to permit the airspace subdivision of a three-story~. 78-umt semor housing pro~ect with ane level of semi-subterranean parkmg and three levels of subterranean parking located at 1011 llth Street Appraval of Vesting Tentative Parcel Map #24346 is sub~ect to City Council approval af the proposed amendments to the Subdrvision Ordinance The below-grade parkmg garage provides parkmg for the semor housmg pro~ect, an adjacent transrtional housmg pro~ect located ai 1020 12th Street and the Methodist Church located at 1008 l lth Street The proposed pro~ect has been previousl~r appro~ed under DR 92-4Q1. VAR 92-001 and 92-002, TA 92-OOland CUP 92-001 (Planner Susan Healy Keene} T.l'Vi IE: WEDNESDAY, JA:\~i;ARY 10, 1996 AT 7:00 P.M. LOCATIO\: COUNCIL CHA.I~'IBER, ROOM 213, CITY HALL 1585 MAIN STREET SANTA MO~ZCA, CALIFORNIA THE CITY OF SANTA MONICA ENCOURAGES PUBLIC COMMENTS INTERESTED PERSONS MAY COMMENT AT THE HEARING. OR BY WRITING A LETTER Letters should be addressed to Plamm~g Division, Room 212 1685 Ma~n 5treet Santa Monica, Califorma 90401 Attn S H Keene Additional infvxznation may be obtained from the Plamm~g and Zomng Divlsion To request review of a pro~ect file andlor for more information, please call {310) 458-8341. The ~neet~n~ facility ~s hand~capped accessible. If }~ou have any spec~ai needs strch as sign language interpretmg, please contact the Office of the Disabled at (310) 458-87Q1 Pursuant to Califorma Govern~nent Cade Sect~on 65009(b), if th~s matter is subsequently challenged in Court, the challenge may be lumted to onl}~ those issues raised at the Publ~c Hearmg descrit~ed in th~s notice, or in wrrtten correspondence deli~ered ta the Crty of Santa Momca at. or pnor to, the Publtc Heanng Esta es una noticia de una audencla publica para revisar applicaciones propomendo desarrollo >= ? 03? ~ i en Santa Momca Si deseas rnas informacion, fa~~or de llamar a Lmnea Hernandez en la DrvisFOn de Plantificacion al numero (310} 458-8341 f 1p1an1sharelgclnotices/ta95011 APPROVED AS T~ FORM D KENYON WEBSTER Plamm~g Manager ~ ' ~~~ Sunset Avenue lOth Street Mable Street C?over Str~et 24th Str~et Virginia Avenue Kansas Avenue 28~h Street Warwick Avenue CURB RAMP CONSTRUCTION Various Locations BRIDGE REPAIRS Various Locations BUS PAD CONSTRUCTION Va~ious ~ocations - Glenn Avenue to South City Limi~s - Pearl Street to Ocean Park Blvd. - I7th Street to 18th Street - Ash~and Avenue to Pier Avenue - Pico Blvd. to Pearl Street - 2Qth Street ta Cloverfield Blvd. - Cloverfield Blvd to Stewart S~reet - Pica Blvd. to West End - Expasation Blvd to Virginia Avenue PAVEMENT R~PAIR FOR FOUR INTERSECTIQNS 4~h Stree~ and Wash~ngton Avenue 6~h Street and Wash~ngton Avenue 9`h Street and Washington Avenue Ocean Avenue and Calorado Avenue Str~et Resurfacina Assessments In accordance with City policy on assessments for public improvements, an assessmen~ district has be~n forrned ta assess ccrnrnercial and industrial pxaperty owners far the ac~ual costs ot ~tre~~ and alley resurfacing, as well as construction of: gutters, siaewalks, parkway pavem~nt, driveways, and curb repairs R~sidential property owners will only be assessed for sidewalk, parkway pavement, driveway, and curb repairs, Revenues will be 5 SHEET 1 OF 1 'L~~ESTI~G TE~T~TIVE PARCEL ~VIAp l~`4. ?43~6 I'~ THE CITY OF SAnTA klONICA C4U?~TY OF LOS ANGEI,ES, STATE OF CALIFORNIA ' ' /~~'an~,ti~` , "0N~ ISIOlti PURPOSES F~ft SL BDIZ ' 1~ ; ~~~ '! ~ ACE SCIBDIVISID'~) (AZR SI ~ ~ '~ _;7-~ - ~ ~ ~q .;3 N" (E, f . r 6 s 0.~p„N E$ ['f TnE /WCN'~E~ M?P LF T~ TCVN S S4NiA MU'~it4 lti TF[ C~TY OF SANrP 1411C/ti +~C~ _]: Nwt_cS, STpiE Cr' Li::%[]a+:A a5 a¢a ww e[coRO[o iN B~ ~ P~S ~5 TG S' fnCLUSIV~ ~,~/-,ySLJmpti', ~j~ v N15CE.~+rEa.s REC~ik~i ih TYf ffFl[E GF Trr. 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L 4 npA~FM=ti: B~[L01PGS P_~w P~?n~EC .NiGE: '~ Dl'wE~TIC~+ CF ~EL ~AND USC~ ~n..ZCn PpRKF~G d+D SENIS ~i7J5i~ti. +/ 0~ 9 NG EFSENEY"5 ME {NY1~6T[~ ON 7FE R: pEPvCLi= T'7~E ~ r~ ` ` °1T.[ 7~FlG~i 7arC0 ~uu~ST 3~ t955 ~O22y~N ~ 5~686:-37•V ~- .~~\~~ ~ . ~ r 9-J54~ 1U i~TURf REC~~R~CR~ EASC~inTS il1LL iC 0._1CR7[~ /y`~ ~ ~Li ."~5 {CP l2-34-% . ~34 A~'AC~iM~~' E CONSTRUCTEON ACCOUNTS - EXHIBIT "A" ACCOUN75 Contract Amt Contingency Tota1 5treets ' D1-770-421-2Ua94-8905-99'152 "Street Res " 1268 46: 1314 01-770-421-2QQ95-8905-99752 "5treet Res " 9881 359i 10240 €}1-770-402-2Ua96-8905-99952 "Street Res " ~ 82649~ 46602i 873~92 2~-770-402-20096-8900-997 ~2 "Street Res " 101318 36821 9 05000 31-770-402-20096-89a0-99152 "Street Res " SD421 1832 i 52253 20-770-402-2a096-89Q0-99152 "Street Res " 473617 0 473611 ~ Quake Related Parking Lot Repairs 13-500-4d2-35585-5501-13~03 "93D PCH" S08 91 699 13-504-402-35610-5501-13003 "11 DO PCH" 361 U ~41 4t 51 13-50U-4U2-35620-5501-13~03 "1700 App" 237: 36 273 13-50D-402-356fl5-5501-13003 "~060 PCH" 3092~ 464 3556 13-500-402-35600-5501-13Df}3 "'E030 PCH" 139 21 ifi0 13-500-402-35595-5501-'f 30Q3 "944 PCH" 354 53 407 13-500-402-35590-5501-13Q03 "537 PCH" 776 116 892 13-500-4Q2-3558Q-5501-13Q03 "81a PCH" 2080~ 312 2392 13-50Q-402-35767-5501-13003 "2Q30 Bern" 235; 35 270 Quafce Related Bridge Repairs ~ 13-540-4Q2-35774-5501-~3003 "Ocean Pk" 200D; 300 2300 13-50D-402-35770-5501-13003 "Idaho at PCH" 98Q! 147 1127 13-500-402-35769-5501-13003 "4th & Rte 10" 1520 ~ 228 1748 13-500-402-35325-5501-'13003 "Calif WaSh" 720! 1D8 82$ Curb Cuts 20-720-262-20096-8905-99417 "ADA Curb" 21610! 3242 24852 Bus Pad Construction 20-770-402-2Q096-$905-99777 "Transit Rte" 86956 13044! 10000U 1 GRAND TOTAL 1587906 71259 1659165 STREE7SA XLS