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SR-031291-7A 7-A LUTM:PB:LWG VjOCEAN Council Meeting March 12, 1991 MAR 1 2 ';Sl Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Resubmission of Planning Commission Appeal for a 16 Unit Condominium Located at 951 Ocean Avenue At the request of the applicant, the appeal for a 16 unit condominium located at 951 Ocean Avenue was pulled from the December 12, 1990, City council agenda. At this time, the staff report and plans are being resubmitted for your review and action for the March 12, 1991, city Council meeting. Neither the staff report nor plans have been changed from the December 12, 1990, submission. vjocean 7~A M~:.( -; 1/} LUTMD:PB:DKW:DH PC/CCUP9026 Council Htg: Harch 12, 1991 Santa Honica, California TO: Hayor and city Council FROM: city Staff SUBJECT: Appeal of a Planning Commission Approval of Conditional Use Permit 90-026 to Allow the Construction of a 16 Unit Condominium at 951 Ocean Avenue. Applicant: Sakakura America, Inc. Appellant: Michael Wiedder INTRODUCTION This report recommends that the City Council deny the appeal and uphold the Planning Commission approval of CUP 90-026 to allow a 16 unit condominium at 951 Ocean Avenue. At the Planning commission meeting of October 17, 1990, the Planning Commission approved the proj ect by a vote of 4-1, with two commissioners absent. The appellant has filed the appeal because he feels the massing and height of the building would be out of scale with the neighborhood. The appeal form is attached (Attachment A). BACKGROUND The proposed project was filed by the applicant on February 26, 1990 and is subject to Ordinance 1507 (CCS), the North of wilshire Moratorium adopted in December of 1989. section 3(f) of the Ordinance states that a property shall be exempt from the moratorium if the following requirements are met: - 1 - 7fl (1) The applicant owned the property or had entered into escrow for purchase of the property on or before May 9, 1989. (2) No structures were on the property on May 9, 1989. (3) If located in the R4 District, the application shall comply with the development standards contained in the moratorium ordinance (Ordinance 1507 [CCS J) (See AttachJT1ent E) . Information submitted with the application confirms that the applicant did own the property on May 9, 1989, the property was vacant and the application conforms with the development standards for the R4 District contained in the moratorium ordinance. On July 18, 1990, the project ,vas reviewed by the Planning Commission. The Commission expressed general support for the project but concluded that some design modifications were necessary and that the redesigned project should return for their review. Specifically, the Commission felt that the front elevation of the building should be redesigned to break up the large, blank facade, and that more guest parking should be provided. The Commission also encouraged the applicant to discuss the project with the surrounding residents. Follm-ling the July meeting, the applicant made various modifications to the building, including a redesign of the front facade to include large terraces and recessed courtyards. The - 2 - . . standards adopted as part ot the North of Wilshire HoratoriWII. 2. The rights-of-way can acco1Dlllodate autos and pedestrians, including parking and access, in that the site is ade- quately served by existing streets and alleys. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the proposed development is an in-fill of urban land adequately served by existing 1nfrastructure. 4. Anyon-site provision of housing or parks and public open space, which are part of the required project mitigation measures required in Subchapter 5G Of the City of Santa Honica Comprehensive Land Use and Zoning Ordinance, satis- factorily meet the goals of the mitigation program, in that the project is not su6ject to the provisions of Sub- chapter 5G. s. The project is generally consistent with the Municipal Code and General Plan, in that it complies with the development standards for the R4 District. CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW CONDITIONS Plans 1. This approval is for those plans dated October 2, 1990, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions Of approval. 2. The Plans shall comply with all other provisions ot 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 amendment. 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 Commiesion 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 Re iew Board 5. The ARB - :a11 pay particular attention the the exterior facade to ensure that the design of the building is com- patible with surrounding properties. - 6 - units. The R4 District density standards of one unit per 900 square feet of lot area would permit 42 units on the subject property. The project meets or exceeds the development standards in the R4 District including setbacks, lot coverage and height. The development standards contained in Ordinance 1507 include private open space requirements of 100 square feet per unit and additional front and side yard setback requirements for portions of the building above 14' in height. The applicant has complied with the open space and setback requirements by providing large terraces on each level, adjacent to the living rooms and master bedrooms. Approximately 260 square feet of private open space is provided for each unit. A more detailed analysis of the project design is contained in the Planning commission staff report (Attachment C) . Parking The required parking is based on the number of bedrooms of each unit. Parking is required as follows: 2 two-bedroom units @ 2 spaces each 4.0 spaces 14 three bedroom units @ 2.5 spaces each 35.0 spaces Guest parking @ 1 space per 5 units 3.0 spaces Total Parking = 42.0 spaces The project provides 39 parking spaces in a one level subterranean garage and eight guest parking spaces on the ground level adjacent to the rear alley for a total of 47 spaces. - 4 - CONCLUSION The proposed condominium complies with all applicable provisions of the Zoning Ordinance and the North of Hilshire Moratorium, Ordinance 1507 (CCS). BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECO]-ll'IENDATION It is respectfully recommended that the Council deny the appeal and uphold the Planning Commission approval of Conditional Use Permit 90-026 with the findings and conditions contained in the Planning Commission Statement of Official Action (Attachment B). Prepared by: David Martin, Associate Planner, Planning and Zoning Division Paul Berlant, Land Use and Transportation Management Director, Department Attachments: A. Appeal form dated 10/29/90 B. Planning commission Statement of Official Action dated 10/17/90 C. Planning Commission staff Report dated 10/17/90 D. Ordinance 1507 (CCS) E. Plot Plan, Floor Plans and Elevations DH PC/CCLP9026 02/26/91 - 5 - !-- __ ~anta lVlOnlCa . COriImunaty and EconomIC Devetopmenl ~ mment P1annlr.g and zoning DIYtIIOn (213) 458-8341 APPEAL FORM . FEE: $100.00 DaM Fied RecetYed by R~No /0 ~9 Ao ~ e- l~ 47 "t-t!> l"rIe-.pao...; ~ CPI' PbH-... Name Address Contact Person ~I ,e,,"'("c- ~Jlf/JtiJf-L 950 ,Lv'" 5/' s'",,r."1I "...",c.- 1'/ M g"F "",-..3 Phol1e (~t)J IN- Y"~a... Please descnbe Ihe project and decI$IO(IlD be appealed i-",,v/J/J"""'U,or ;'I! c'';I''<:, 'f.::t" / 6 (TA;J Av~ Case Number Address Applicant Onglnallleamg date 00gJnaJ action ..,-r'n f/ t- ~5 ~ i.J) (;J('I";w fJfI~ ('",,.,4ew.,, """'f,</t."', 1f""f/J? /"'<!. Please state hi speclflc reason(s)1or 1'] pal /'I A.f.r,"f d?" .J'VI"""/'-? t' /,v"',.,,....71d,~/"7t' (It= JJftl->fB,'4./TCOO" ,..~~. (:;& ~ re>-c..P Al'1'~IC ~ ",I'~ """,e;,,,-'y "'~ 7<> .;>1""'" "'.'''t'~ r".... .3- "'(-H7~ t' ,..,,~ ..-..5' ff-A~fI.'( /v,-cc"."'17" ~ I'J.AoN""V ('10M... 'Sfr~N ;kLf"',,) W,l-$- 6p.fk, eN .:7""' *<,,,.."'71" /""'~"'''''..J /"t. ',,"?N' 4'1 /",:- "'''A-',,,~,- ,P,tt..fo ~;o<:"c C,r C'o"'."? '......C('C ,,,'711 "1Il1/f,vlt'L- I'~""V{.- rO""M.~.f">AJJ "'''''''''-,c__c''; ;l!r'?wCCF.5" ~ - .--.--....... / /. Signalln bJ u~.l~ 0alI /0 / ~ f ( If i) . e STATEMENT OP OPPICIAL ACTION PROJECT NUMBER: Conditional Use Permit 90-026 Development Review 90-006 Vesting Tentative Tract Map 46656 LOCATION: 951 Ocean Avenue APPLICANT: Sakakura America, Inc. CASE PLANNER: David Martin, Associate Planner REQUEST: To permit the construction of a 16 unit con- dominium building. PLANNING COMMISSION ACTION 10/17/90 Date. xx Approved based on the following findings and subject to the conditions below. Denied. Other. EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: CUP 90-026 - 10/31/90 DR 90-006 - 10/31/90 TTM 46656 - 10/27/90 EXPIRATION DATES OF ANY PERMITS GRANTED: CUP 90-026 - 10/31/92 DR 90-006 - 10/31/91 TTM 46656 - 10/31/92 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES CUP 90-026 - 3 Months DR 90-006 - 3 Months TTM 46656 - 3 Years - 1 - ~M€1-I""" '3 , I TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, together with its prov1s1on for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica in that the plan conforms to the prOVisions of the Zoning Ordinance and the General Plan. 2. The site is physically suitable for the proposed type of development in that it is a standard lot with no unusual characteristics. 3. The site is physically suitable for the proposed density of development in that a 37,500 square foot lot in the R4 District can accommodate 42 units. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or sub- stantially and avoidably injure fish or wildlife or their habitat in that the proposed development is an in-fill of urban land which does not support fish or significant wildlife. 5. The design of the subdivision or the type of improvement will not cause serious public health problems in that the proposed development complies with the provisions of the Zoning Ordinance and General Plan. 6. The desiqn of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision in that the subject site is ade- quately served by existing streets and alleys. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that the proposed condomini- um conforms to the Zoning Ordinance and the General Plan. 2. The proposed use would not impair the character of the district in which it is to or located, in that it would be located in residential district. integrity and be established a mUlti-family 3. The subject parcel is physically suitable for the type of land use being proposed, in that the proposed proj ect meets the density standards for the R4 District. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to r_ain, in that the existing structure would be demolished. - 2 - I t 5. The proposed use would be compatible w1.~h existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the area is a mix of single-family and multi-family residential units. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the proposed development is an in-fill of urban land adequately served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that the site is adequately served by existing streets and alleys. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that all setbacks, lot coverage and height requirements for the R4 District and the North of Wilshire Moratorium have been met. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the area is de- fined as a Low Density Housing area by the Land Use Ele- ment of the General Plan. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed project complies with the provisions of the Zoning Ordinance, the North of Wilshire Moratorium and the General Plan. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, section 9055 of the city of Santa Monica Comprehensive Land Use and zoning Ordinance, in that no performance standard per- mit would be required. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the area is defined as a multi-family residential district. DEVELOPMENT REVIEW FINDINGS 1. The physical location, size, massing, and placement of proposed structures on the site and the location of pro- posed uses within the project are compatible with and re- late harmoniously to ~urroundinq sites and neighborhoods, in that the project complies with the property development standards adopted as part of the North of Wilshire Moratorium. - 3 - .' . 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the site is ade- quately served by existing streets and alleys. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the proposed development is an in-fill of urban land adequately served by existing infrastructure. 4. Anyon-site provision of housing or parks and public open space, which are part of the required project mitigation measures required in Subchapter 5G of the city of Santa Monica Comprehensive Land Use and Zoning Ordinance, satis- factorily meet the goals of the mitigation program, in that the project is not subject to the provisions of Sub- chapter 5G. 5. The project is generally consistent with the Municipal Code and General Plan, in that it complies with the development standards for the R4 District. CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW CONDITIONS Plans 1. This approval is for those plans dated October 2, 1990, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 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 subj ect to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the planning Commission, Architectural Review Board or Oirector of Planning. Architectural Review Board 5. The ARB shall pay particular attention the the exterior facade to ensure that the design of the building is com- patible with surrounding properties. 6. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access - 4 - . . 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 E ~rd, in its review, shall pay particular attention to t 3 aesthetic, landscaping, and setback im- pacts of any r_mps or other features necessitated by ac- cessibility requirements. 7. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 8. The existing mature trees located in the northwest corner of the parcel shall be either preserved in their present location or relocated to a specific location on the prop- erty to the satisfaction of the Planning Division and the Architectural Review Board. 9. 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. 10. 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. 11. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9040.13-9040.15. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. 12. No gas or electric meters shall be located within the re- quired front yard setback area. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 13. The Architectural Review Board shall pay particular atten- tion to the location of the proposed roof decks in rela- tion to the privacy of adjacent residents. Fees 14. The city is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air qual! ty impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the City. This ordinance may require that the owner of - 5 - . . the proposed project pay such new development fees, and that employers within the project pay such new annual em- ployer fees related to the City's Transportation Manage- ment Plan. 15. 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 re- placement of the residential unit(s) on the subject lot, per and subject to the provisions of Section 6670 et seq. of the Santa Monica Municipal Code. Construction 16. 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. 17. 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. 18. Sidewalks, curbs, qutters, 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. 19. 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. 20. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City'S Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 21. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General Services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplis~ed; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or side- walk is proposed to be used in conjunction with construc- tion; 5) Set forth the extent and nature of any pile- driving operations: 6) Describe the length and number of any tiebacks which must extend under the property of other - 6 - . . persons; 7) Specify the nature and extent of any dewater- ing 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 normal- ly permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe con- struction-period security measures including any fencing, lighting, and security personnel; 13) provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager. 22. 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. 23 . 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 24. 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.) 25. Prior to issuance of a Certificate of occupancy, project owner shall present documentation to the General Services Department certifying that existing Santa Monica occupan- cies with toilets installed prior to 1978 have been retro- fitted with ultra lOW-flOW toilets (1.6 gallons per flush or less) such that development of the new project will not result in a net increase in wastewater flows. Flow from existing occupancies which will be removed as part of the new development may be deducted. from flow at- tributable to the new development if such occupancies have been occupied within one year prior to issuance of a Building Permit for the proposed project. Alternatively, project owner may provide a payment to the General Ser- vices Department in an amount specified. by General Ser- vices in lieu of the installation requirement, which tund.s shall be used. by the City for the exclusive purpose of achieving compliance with this condition by retrofitting existing occupancies. Flow calculations for new develop- ment and existing occupancies shall be consistent with guidelines d.eveloped. by the General Services Department. - 7 - . . Miscellaneous CUP Conditions 26. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 27. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall De contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then De 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. 28. street and/or alley lighting shall be provided on public rights of way adjacent to tn. project if and as needed per the specifications and with the approval of the Department of General Services. 29. Any lofts or mezzanines shall not exceed 99 square feet unless appropriate required parking is supplied. Such areas shall also not exceed 33.3% of the room below unless compliance with the district's limits on nnmner of stories can be maintained. validity of Permits 30. The Conditional Use Permit and Development Review shall be of no further force or effect if the Tentative Map ex- pires prior to approval of a Final Map for said tract. 31. 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. 32. 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 tailure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed Statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit r8vocation. 33. This determination shall not become effective for a period of fourteen days from the date ot determination, or, it appealed, until a final determination is made on the ap- peal. Any appeal lIlUst be lIade in the form required by the Zoning Administrator. - 8 - . . INCLUSIONARY UNIT CONDITIONS 34. 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 Anqeles County Recorder's Office as a part of the deed of the property to ensure that three affordable units are provided and maintained over time and through subsequent sales of the property. An affordable unit shall be defined as being 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. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the develoF,r for making the unites) available to eligible tenants ~nd 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 aqreement. 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 Program 12 of the Housing Element of the General Plan of the City of Santa Monica ("Program 12") . Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with Ordinance 1448 (CCS), which provides implementation standards for Program 12. 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. Before the City Engineer may approve the final map, a sub- division improvement agreement for all off .ite improve- ments 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 - 9 - . . final map shall be presented to the City of Santa Monica for approval. 4. The developer shall provide the Engineering Department of the City of Santa Monica with one Dizal Cloth print reproduction and microfilm of each sheet of the final map after recordation. 5. Prior to approval of the final map, Condominium Associa- tion By-Laws (if applicable) and a Declaration of CC & R's shall be reviewed and approved by the City Attorney. The CC & R I s shall contain a non-discrimination clause as presented in Section 9392 (SHMC) and in the case of con- dominiums, contain such provisions as are required by Sec- tion 9l22E (SHMC). 6. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provi- sions of Section 6651 et seq. of the Santa Monica Municipal Code. 7. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of Sections 9330 through 9338 (SMMC) and the Subdivision Map Act. The required Final Map filing fee shall be paid prior to scheduling of the Final Map for City Council approval. 8. The form, contents, accompanying data, and filing of the final parcel map shall conform to the provisions of Sec- tions 9350 through 9357 (SHMC) and the Subdivision Map Act. 9. The final map shall be recorded with the Los Angeles Coun- ty Recorder prior to issuance of any building permit for a condominium proj ect pursuant to Government Code Section 66499.30. 10. Pursuant to Section 9366 (SMMC) , if the subdivider or any interested person disagrees with any action by the Planning Commission with respect to the tentative map, an appeal or complaint may be filed in writing with the City Clerk. No appeal or complaint may be filed after a ten day period from the Commission's decision on the tentative map. VOTE Ayes: Kaufman, Nelson, Mechur, Polhemus Nays: Rosenstein Abstain: Absent: Morales, Pyne - 10 - . . ~ 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. signature date Ralph Mechur, Chairperson Please 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 PCjSTOA9026 OM - 11 -