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SR-7-A (70) . Z-ti Santa Monica, California . LUTM:PB:DKW:DM/CCUP9075.pcword.plan council Mtg: April 9, 1991 TO: Mayor and City Council FROM: city Staff SUBJECT: Appeal of a Planning Commission denial of Conditional Use Permit 90-075 and Vesting Tentative Tract Map 50221 to Allow the construction of a six unit Condominium at 1226 11th street. Applicant: Lance Lentz Appellant: Lance Lentz INTRODUCTION This report recommends that the City Council approve the appeal and reverse the Planning Commission I s technical denial of cUP 90-075 and VTTM 50221 to allow a six unit condominium at 1226 11th street. At the Planning Commission meeting of January 23, 1991, the Commission denied the project by a vote of 3-3, with one Commissioner abstaining. The applicant has appealed the Planning Commission action. The appeal form is attached for the Council's review (Attachment A). BACKGROUND On January 23, 1991, the project was reviewed by the Planning Commission. After a lengthy discussion regarding the historic significance of the existing structure and the neighborhood compatibility of the proposed project, the Commission voted on a motion to approve the project with a condition that the height of the building be reduced from three-stories, 40' to two-stories, 301. The motion failed by a vote of 3 to 3, with one Commission abstaining, and therefore, the project was denied. - 1 - 7-'A APR, G r'.,~ . . The commission's concerns regarding the proposed project included the project design and its compatibility with the surrounding area and the historic significance of the 11th street neighborhood. The motion to approve the project with the condition that the height be reduced to two stories was made in an effort to make the proposed project more compatible with the surrounding neighborhood. Two of the Commissioners who voted against the motion did so because they felt that the commission should not require an applicant to reduce the size of a building that complies with the established zoning requirements. The third commissioner who voted against the motion felt that due to the potential historic significance of the neighborhood, the project was net categorically exempt frem the California Environmental Quality Act as described by staff. Approximately fifteen members of the public spoke at the Planning commission hearing. The maj ority of the speakers expressed concern about the demolition of the existing structure and the compatibility of the new structure in relation to the potential historic significance of the 1200 block of Eleventh street. In the Fall of 1989, the Landmarks Commission reviewed materials submitted by residents of the 1200 block of Eleventh street regarding the area's potential as an historic district. The Commission determined that the information submitted by the residence was not enough to justify the filing of an application for a historic district, but the Commission encouraged the group to come back to them when more inforll\.ation was collected. No additional information had been submitted to the Landmarks - 2 - . . Commission, over a year later, when the subject application came before the Commission. While the subject property is within the proposed district, the particular structure does not appear to be of architectural or historic significance. The structure was not identified in the npreliminary Surveytl conducted in March of 1983. If the project is approved, the demolition permit for the existing structure would be SUbject to Landmarks Commission review since the existing structure was constructed prior to 1930. At the City Council meeting of February 26, 1991, the Council adopted Ordinance 1572 (CCS) which declared a moratorium on development on Eleventh street between Wilshire Boulevard and Arizona Avenue and on l107 through 1115 Arizona Avenue. The subject property is within this area. However, since the ordinance only applies to projects deemed complete on or after February 26, 1991, the project is exempt from the moratorium. ANALYSIS project Design Proposed is the construction of two, three unit condominium buildings over a 15 space subterranean parking garage. As pro- posed, the two buildings would be three stories, 40' in height above an average natural grade. The project would include three two-bedroom units and three three-bedroom units. The upper level units would be accessed via exterior corridors with two stairways and one elevator. No mezzanines or roof decks are proposed. - 3 - . . Parking The parking requirements are based on a ratio of 2 spaces for each two bedroom unit and 2.5 spaces for each three bedroom unit, plus one guest space for a total of fifteen spaces. Fifteen spaces are provided in a subterranean parking garage accessed from loth court alley. Common pedestrian access to the garage would be provided by one stairway located near the north property line, and one elevator. The subterranean garage also includes a storage room with six private storage lockers. Neighborhood Compatibility The proposed three story condominium would be located in an area that currently contains a mix of one to three story residential buildings. While the proposed building is substantially larger than the one story building located on the adjacent lot to the north, the height of the building is consistent with other three story buildings in the area and complies with the 40 ( height limit in the R3 District. Several buildings recently completed or under construction in the area have been built to a height of 40 feet. Staff has included a proposed condition asking the ARB to ensure that the design of the building is consistent with the existing bungalow and craftsman style structures in the neighborhood. - 4 - . . Conclusion The proposed condominium complies with all applicable provisions of the Zoning Ordinance and the General Plan. The existing structure does not appear to be of any historic or architectural significance and staff has included a condition of approval to direct the Architectural Review Board to ensure that the design of the new building is consistent with the existing bungalow and craftsman style structures in the neighborhood. BUDGET/FINANCIAL IMPACT The project is subject to a Parks and Recreation Facilities Tax of $200 per unit and a Condominium Facilities Tax of $1,000 per saleable unit for a total tax of $7,200. In addition, the project is required to comply with Program 12 of the Housing Element of the General Plan as implemented by Ordinance No. 1519 (CCS) , which may be satisfied by providing affordable inclusionary housing on-site or by payment of an in-lieu fee. This fee, prior to adjustment in accordance with changes in the CPI, will be $143,250.00, based on a gross residential project area of 9,550 square feet. RECOMMENDATION It is respectfully recommended that the Council approve the appeal and reverse the Planning Commission denial of Conditional Use Permit 90-075 and Vesting Tentative Tract Map 50221 with the findings and conditions contained in the Planning commission staff report dated January 9, 1991 (Attachment B). - 5 - . . Prepared by: D. Kenyon Webster, Planning Manager David Martin, Associate Planner Planning Division Land Use and Transportation Management Department Attachments: A. Appeal form dated 02/01191 B. Planning Commission staff report dated 01/23/91 c. Project Plans OM PC/CCUP9075 04/02/91 - 6 - t ' . . Cl!y of Santa Monica Community and EconomiC Development Department Planning and Zoning DlYlSlon (213) 458-8341 APPEAL FORM t- Cc.vYlt.J ~1EG-P~ tD~ FEE: $100.00 Date A1ed ~ ( \ 'q I I Received by f)/v'\ IW ~, Receipt No - e..t lP w L, 7~ Name LAKCE LEKTZ c/o Rosario Perry ~re~ 1333 Ocean Avenue Santa Monica, CA 90401 Contact Person Rosario Perry Phone (213) 394-9831 Please descnbe !he project and deciSIOn to be appealed Conditional Use Permit 90-075 V~stin~ tenative tract map 50221 Address 1226 11th Street Appllcation for a Conditlonal Use Permit and a Vestin& tenative tract map to allow the constructlon of a SlX (6) unit condomln~um at 1226 11th Street Case Number Conditlonal Use ~ ~~ 1226 11th Street Applicant Lance Lentz Onglnal heanng date December 5 f Dngrnal actIOn Please state the S\*tflc reason(s) b the appeal Permlt 90-075 VTH 50221 1990 contlnued to January 9f 1991 contlnued to January 23, 1991 Signature 1fw- u.. ~_._...::- ~(\-M ~ F~ I j f q9 } M\H:-+\",\~J\ A: . . - 4 List of Aooeal Deadlines. variance decisions: 14 days (SMMC Section 9113.8) Home occupation decisions: 14 days (SMMC section 9110.6) Temporary Use Permit decisions involving projects having span of 45 days or more: 7 days (SMMC Section 9111.7) Performance Standards Permit decisions: 14 days (SMMC section 9112.6) ~ - Reduced Parking Permit decisions: 14 days (SMMC Section 9133.7) Administrative Approvals (revocation thereof only): 7 days (SMMC Section 9134.5) Ocean Park Yard Reduction Permits: 14 days (SMMC Section 9151.7) Architectural Review Board decisions: 10 days (SMMC Section 9514) Landmarks Commission decisions: 10 days (SMMC Section 9613) Conditional Use Permit decisions: 14 days (SMMC Section 9114.8) Development Review p~rmit decisions: 14 days (Section 9115.7) Tentative Map decisions: 10 days (SMMC Section 9366) *Appeal periOdS begin on next business day following the decision. Appeal periods ending on weekends or holidays are extended to the next business day. Appeals must be filed on forms available from Planning and Zoning office and be accompanied by appropriate filing fee. See Santa Monica Municipal Code for more information. k/appeal DKW:bz e LA-.,',r' C~;:ICcS Q.c . ROSARIO PERRY A ~P'..)FESSI{)I\IAl CO~RA l!JI\ OCEAN AVENuE LAW OF~ICES 1333 OCEA"J AVENUt: SANTA MONICA CALlJ:ORN A 9040' (213) 394-9831 FAX. (213) 394-4294 APPEAL RE: CUP 90-075/VTM50221 Appl1cant Lance Lentz appeals from the Plannlng Comm1sS1on act10n and/or 1nact1on on hlS application to bUlld a 6 unl t, three story condomlnlum on the following grounds: 1. The ~lanning Commlsslon has not yet act~d on his applicat10nj therefore, the 50 day deadl1ne ~as, passed, and the tract map 1S deemed approved as submitted. See Gov. Code S66452.4. Appl~cant recelved hlS deemed complete letter on October 23, 1991. The subdlvlsion deadllne was December 12, 1990, as lt 1S shown on the staff report. Appl1cant was scheduled for the December 5, 1990 meeting. At that meet1ng, due to the number of proJects on the agenda, he consented to have his matter contlnued to January 9, 1991. (He ,.,anted it cont1nued to the December 26, 1990 meet1ng, but Staff stated that the 26th agenda was full and asked him to consent to the January 9th). At the January 9th, 1991 meet1ng, the matter was once again contlnued, thls tlffie to January 23, 1991, th1S t1me wlthout Appl1cant's consent. The 50 day deadline clearly ran then on January 9, 1991. Even if the Clty argues that applicant wa1ved the 50 day deadline to the meet1ng of January 23, 1991, since no actlon was taken at that meet1ng, the 50 days ran the next day (January 24, 1991). The 6 unit tract map lS therefore deemed complete. CLIE6C/LENNON#11/12/2-1~1 . 1 "cd 'ecYCled oaper . . Appllcantls posltlon that the Plann1ng Comrniss1on took no action 1S based on the follow1ng. Appl1cant's proJect was a 3 story, 6 unlt building. A motion was made at the January 23rd Plann1ng Comm1SS1on meet1ng, to approve the proJect condlt1onal on a two story he1ght limit. The Cornmiss1on voted 3 to 3 on that motlon. Plann1ng Staff stated that a tle vote amounts to a denial of the applicatlon. That advlse was contrary to City Attorney op1n1on to the C1ty Council Memorandum #90-16 (attached hereto for your reference as Exhiblt "1"). In that op1n1on, the City Attorney stated that "we conclude that on a t1e vote, no Clty Councll action is taken." Referring and clt1ng to Roberts Rules of Order, the opinion further stated "In case of a tle vote for or aga1nst a motion, 'the motlon 1S not adopted and the situation rema1ns unchanged. III Well, what was the sltuat10n before the Plann1ng Comm1ss1on's vote? The situation was that there was a pend1ng appllcat1on. No actlon was taken on it before, and no act10n was taken on it after the tie vote. What would have happened if the motlon had been phrased to deny the three story application? Would a t1e vote then have resulted In the approval of the pro] ect, since the motion to deny had failed? Clearly not. But, that 15 the same reasoning staff used to adV1se the Commission at the January 23rd hearing. In add1t1on, the S9361 of the requ1res the Plann1ng Commission to Clty'S either Zon1ng Code Jlapprove", CLIE6C/LENNON#11/12/2-1-91 2 . . "condlt1onally approve", or "deny" the tentatlve tract map wlthin 50 days. It does not allow the Planning Comrn1SS1on to take no action and hold that at t1e vote 15 deemed denled. (The Plannlng ComrnlSSlon apparently has no Rules of Order for 1tS body to follow to state what a tle vote should be. ) Its ad hoc decls10n that a tle vote on a motlon to approve, acts as a denlal is unsupported by any wrltten law, rule or regulation: and is In dlrect contradlctory to the above-referenced Clty Attorney oplnlon. The Plann1ng ComnnSSlon should have made a rnotlon to deny the proJect WhlCh, to be effectlve, should have recelved 4 votes. Again, a tle vote would be no action. The four vote requirement 1S dlctated by ~9363 Santa Mon1ca Zoning Code ent1tled Denlal. That sectlon requires the Comrnlss1on to make specific f1nd1ngs, if it 15 to deny a tentative tract map. In otherwords the Commlssion cannot deny a tentative tract map unless it makes one of the specif1c flnd1ngs set out therein (see also Gov. Code 565589.5). A t18 vote or a mot1on to approve the proJect with condlt1ons, cannot poss1bly be lnterpreted to be the cornmlssion's adoptlon of one of the speciflc findings of 59363 Clty Zanlng code. Unless the Commisslon adopted one of these specific factors by a 4 vote margin wlth1n the 50 days, then no denial would be appropr1ate and the map would be deemed adopted as submitted. Zoning Code ~9362(b) states that if no actlon 1S taken by the Plannlng Commlssion Wl th1n the 50 days, then CLIE6CjLENNON#11j12/2-1-91 3 . . "1 t shall be the duty of the C~ty Clerk to certify the approval" . THE FOLLOWING GROUNDS ASSUMES THAT THE PLANNING COMMISSION'S VOTE WAS A DENIAL. THESE ARGUMENTS ARE BEING MADE TO EXHAUST APPLICANT'S ADMINISTRATIVE REMEDIES, AND ARE NOT INTENDED TO BE A WAIVER OF THE APPLICANT'S POSITION THAT THERE HAS BEEN NO PLANNING CO~~ISSION ACTION. 2. The Plann~ng Commlss~on's denial is in violatlon of Gov. Code ~65589.5. Gov. Code 565589.5 states in part: "When a proposed hous~ng development proJect compIles wlth the appl~cable general plan, zoning and development policies ln effect at the time that the hous1ng development proJect's application 1S determined to be complete, but the local agency proposes to dlsapprove the proJect or to approve lt upon the condltion that the proJect be developed at a lower denslty, the local agency shall base its deC1S1on regarding the proposed housing development proJect upon wrltten Ilndlngs supported by substantial eVldence on the record that both of the following condltions eXlst: "(a) The houslng development proJect would have a speclflc, adverse impact upon the public health or safety unless the proJect is dlsapproved or approved upon the condltlon that the proJect be developed at a lower denslty". II (b) There is no feaslble method to satisfactorlly mltlgate or avoid the adverse lmpact identlfled pursuant to subdivisions (a), other than the dlsapproval of the housing development proJect or the approval of the proJect upon the condltlon that lt be developed at a lower denslty". The present proJect is consistent with the general plan and meets zonlng and development pollcles. Therefore, CLIE6C!LENNON#11!12/2-1-91 4 . . Planning Comm~ss1on's d1sapproval would have to be based on the grounds of (a) and (b). Clearly, pub11c health and safety 1S not an issue with th1S proJect, and nothing in the test1mony at the hearing or the written record even addressed the issue. Furthermore, Gov. Code S65589.6 places the burden of proof on the City to show that 1t has compIled w1th S65589.5 in any subsequent act~on f1led. Just last year, an almost identical proJect was approved on this same street (the Chang project at /J..S-3 11th Street, CUP # S't~o'1fo ). How these two similar proJects could be treated so d1fferently by the Plann1ng Comm1SS10n shows the arbitrat1veness of the1r denlal of th1s proJect. [No land use/zoning law affect1ng th1s ne1ghborhood has been changed since the Chang proJect]. If the law is exactly the same since the Chang proJect was approved, and the Chang proJect 1S almost 1dentical to this proJect, and this proJect lS d1rectly across the street from the Chang proJect, how can this proJect create a "spec1flc, adverse impact upon the publlC health or safety" of our C1ty? 3. The Planning Comm1ss1on's denlal ~s a v1olatlon of the City's requ1rement to provide it's fair share of reg10nal housing needs. As was stated by Appl1cant' s representat1ve at the Plannlng Commission hear1ng, SCAG's (Southern Cal1forn1a Assoclat1on of Governments) study 1ndicates that Santa Mon1ca must produce almost 1,000 new units per year 1n the 5 year per10d 1989-1994 to sat1sfy 1tS fair share of hous1ng units. It has only produced approxlmately 350 un1ts in 1990 and less than that In 1989. The City's continued den1al of CLIE6C/LENNON#11/12/2-1-91 5 . . mult1-fam1ly construction and/or 1ts reduct10n of the number of un1ts proposed is a violation of Government Code ~65583 (a) (1) and 65584 (a) Wh1Ch requ1res the C1ty to meet lts fa1r share of housing un1ts. 4. The Plannin~ Commisslon's denial was a v1olat1on of owners/applicants CiVll rights as well as a v1olat1on of Gov. Code S66474.2. All owners have the r1ght to equal treatment under the law and the right to develop the1r property w1thln the appllcable land use of zon1ng laws Wh1Ch apply to their property. In add1t1on, Gov. Code S66474.2 requ1res the city to apply to reV1ew of the proJect only those laws In effect when the map applicatlon was filed w1th the C1ty. The laws are thus frozen 1n place while the proJect goes through the government process. Th1S proJect compIles wlth all eX1sting laws affecting it. To deny the proJect as proposed 1S a v1olat1on of owners'/appI1cants' constitutional r1ghts to equal treatment. The Planning Comm1ssion's den1al, in effect, amounted to a spot zon1ng of th1S specific property. It imposed a restricted development standard on this proJect which does not apply to any of the adJ01n1ng properties 1n the neighborhood. The Plann1ng Comm1ssion even voted (tie) to deny a two story use of th1S property. Thus, the Comm1SS1on has spot zoned this property to a one story use. There 1S no other height restr1ct1on 1n any other part of the C1ty. Spot zon1ng violates Gov. Code S65851 and S65852 Wh1Ch reqU1re uniformity of zoning w1th1n specific d1str1cts. It is also unconstitut1onal (see Reynolds v. CLIE6C/LENNON#11/12/2-1-91 6 . . Barrett (1938) 12 Cal.2d 244). If this property were zoned to be consistent wlth the Plannlng Commlss1on's denlal, lt would be lllegal spot zon1ng. It 1S no less illegal because the Comm1ssion acts even wlthout the beneflt of an in place zon1ng law. 5. The den1al of the proJect 1S a v1olation of Gov. Code S66427 and Program 6 of the City's Housing element, and as such, amounts to discrlm1natory treatment of appl1cant's proJect solely because lt 1S a condom1nlum rather an an apartment. Program 6 of the eX1sting housing element states that zoning requ1rements for multi-famlly owner occupied housing (i.e. condomin1um, rental hous1ng, and cooperat1ves), could be 1dentical uunless compelling reasons exist Just1fying dlfferent standards.") It 1S clear that thlS proposed proJect could have been bUll t as an apartment bUlld1ng without any Plannlng Comm1ssion reVlew. As an apartment bU1ldlng, it qualified for adminlstratlve approval. What Justlfication exists, then for treating it differently (denying it altogether) because lt 1S a condomln1um rather than an apartment? Gov. Code S66427 states: [N} or shall the government body have the right to refuse approval of a parcel, tentative or final map of such a proJect on account of design or location of bU1ldings on the property shown on the map not vlolatlve of local ordlnance. " Therefore the Plann1ng Commiss1on's den1al of the tract map because of the deslgn and height of the bUlldlng was clearly ln violatlon of thlS Government Code seetl0n. CLIE6C/LENNON#11/12/2-1-9l 7 . . WHILE THE PLANNING COMMISSION DID NOT ADOPT ANY OF THE FOLLOWING RATIONALE AS REASONS FOR THE PROJECT DENIAL, THEY DID ALLUDE TO THEM AS POSSIBLE REASONS FOR THEIR ACTION/INACTION. 6. Lack of environmental review 1S not a grounds for den~al. State and City laws regard long enVl.ronmental analysis contain dlorect exemptl.ons for constructl.on of 6 unl.ts or less in urban areas. CEQA regulation 15303(b) [class 3] and Santa Monica CEQA guide110nes Artlocle VII, sectl.on Sc [class 3]. CEQA should not be used as a scapegoat for bad planning decl.sions. 7A. Potentlal HlstorlC Distrlct conslderatl.on is not a legitimate grounds for denial. The 1200 block of 11th Street 1.S not an hlstoric dlstrloct. The Landmarks Commlsslon reVloewed this street for potential distrl.ct deslgnatlon at thel.r meetings in October, 1989, November, 1989 and December, 1989. They decided that the street dl.d not warrant even a study for district deslgnatl.On. The eXl.sting bungalow on Applicant's property is not of landmarks status. A much better bungalow (the Changs') across the street, was denied Landmark status ln November/December, 1989 by the Landmarks Comrn1.ssion. There is no Cl.ty law which allows denial of thlos proJect based on landmark consl.deration unless the specl.fJ.c to-be-demolished build1.ng 1.S a landmark, or unless the bUl.ldJ.ng 1.S a contributlng structure wlothin a desl.gnated dl.strict. Even l.n these cases, however, the owner has the rl.ght to apply for demoll.tion on hardship grounds. Wha t some members of the Planning Commlossion seemed to do was deny the CLIE6C/LENNON#ll/12/2-!-91 8 . . proJect because of the npotentlal" hlstoric signlflcance of the bungalow or of the street as a d1strict. In effect, these COIT'.m1SS1oners establlshed a II de facto" dlstr:Lct des1gnatlon and prevented demolltion of the bU1lding. This de facto designation 15 unauthorized, and thus a violation of appl1cants clvil rights under color of law. It 15 also equally damag1ng, because there are no existing statutory procedures Wh1Ch allow demolltion based on hardsh1p, as there would be 1f the bUlldlng were properly designated a landmark, or place \n thln a h1storical distrlct. Flnally, appl1cant was den1ed procedural and statutory due process w1th th1S de facto deslgnatlon, because the C1ty'S Landmarks ordinance gUldel1nes were not followed. 7B. The sUbJect bungalow on the proJect slte is not listed on the 1983 ~lndshleld Survey. Opponents of the proJect ffilsinformed the Commisslon that the applicant' 5 bungalow had been l15ted on the 1983 "Windshield Survey" of potentlal historlc bUlldlngs. Page 46 from that survey shows that subJect property at 1226 11th Street 15 not on the survey. See Exhlbit "B" attached hereto. This clearly erroneous statement may have mislead some Commis51oners who were concerned about thlS bUllding's potent1al histor1c signif1cance. 8. The proJect's alleged lack of compatlbil1ty w1th the neighborhood is not proper grounds for denlal. Whl1e the Staff Report at page 3 talks about "Neighborhood Compatibil~ty" as a consl.deration for approval, no part of the zoning code allows such a determlnatl.On to become a factor in denYl.ng a condoml.nium CLIE6C/LENNON#11/12/2-1-91 9 . . proJect. Therefore, denial on this ground would be a unlawful. The closest sectlon WhlCh deals wlth nelghborhood compatlblllty is the Condltlonal Use PerMit sectlon of the Clty'S ZODlng Code, at Sectlon 9114.1. Sectlon 9114.4(b) and (e) Flndlngs, establlshing crlterla for establlsh conSlderatlon of a CUP: (b) "The proposed use would not lmpair the lntegrlty and character of the distrlct in which it lS to be establlshed or located." and (e) "The proposed use would be compatible with eXlsting and permlssible land uses Wl thln the dlstrlct and the general area In WhlCh the proposed us is to be located." It lS clear from a readlng of ~9114.4(b) and (e) that these "compatlbillty" conslderatlon do not apply to "helght" of the proposed buildlng, but rather solely to use denslty or bulk of the proposed bUllding. The "use" of the applicant's bUllding lS "resldentlal." See ~9000.3 Definltions "USE": "USE. The purpose or actlvlty for which land lS zoned or a structure lS intended or used." Residential use, of course, is the overwhelmlng use in the dlstrlct. Also instructlve is ~9114.4Is use of the word "district." It does not refer to "neighborhood." "Dlstrlct" of course means the area wlthin the speclfic zonlng dlstrlct's boundarles. "Neighborhood cornpatibllity" for condomlnium review 15 an lmproper con5ideratlon, in that it lS not a factor WhlCh has been established by law. It 15 a legally unsupported term, with no statutory support whatsoever. CLIE6C/LENNON#11/12/2-1-91 10 . . Worse than ~ts lack of legal support however, ~s that ~t has been appl~ed w~thout any written guidelines to deny proJects from t~me to t~me. It's vagueness clearly leads to abus~ve and arbltrary applicatlon. Plannlng decis~ons should be based on laws, not wh~ms. This case is a perfect example of the abus1.ve and arbl trary use of "Neighborhood compat~b~l~ ty. II The mot~on to reduce the proJect from three stor~es to two starles was prefaced with the statement that the proposed proJect was out of character w~th the neighborhood. what ~s the ne~ghborhood? And what wr~tten law or regulat~on defines what the boundar~es of the neighborhood are? And, how many three story bUlldings does it take to make a 3 story compatlble with thlS elusive nelghborhood? And, what consideration should be g~ven to the fact that 3 lots on the same side of the street (includlng the adJoining bU1ld1ng) are three story, and one 3 story proJect directly across the street has Just recently been approved by the Plann1ng CorrmlSS1on based on a spec1fic finding that the 3 story condominlum was compatlble wlth the neighborhood. What better example of arbitratlveness could be found than this: two almost ldentlcal buildings, both three story on the same block, across the street from each other. . one 1S SpeC1.f1Cally found be be cornpatlble and the other apparently not. In additlon, lncompatlb1l1ty flnd~ng assumes thlS CLIE6C/LENNON#11/12/2-1-91 11 alleged that three stories neighborhood are . . somehow incompatlble to two and one story buildings. This makes no sense, especially when one conslders that the zonlng for thlS area was established at 3 storles as late as 3 years ago. The Clty Councll, through its 3 story zoning deslgnation has determ1ned as a matter of law, that three storles are permitted and thus compatlble wlthln this zone dlstrict. Neither the Plannlng CommlSSlon nor the Clty Council (Wl thout amend1ng that zonlng ordlnance), can now contradlct that findlng on a proJect by proJect basis. CONCLUSION For all the above reasons, Appellant requests that hls appllcation be deemed approved as submitted. In the event that the City Clerk does not immediately do so, then Appellant requrests a hearlng before the Clty Council on hlS appeal. This request for a hearing, is not intended to be a wa1ver of his rlght to bring a separate civll action in Mandamas, seeklng an order directed to the Cl ty Clerk to certlfy the tenat1ve tract map. CLIE6C/LENNON#11j12j2-1-91 12 SEN' 8Y:SANTA ~ONICA . :10- 2-90 2:01PM. "'--V A-TO. ... Va 1M.. LAW OFF:CE:# 2 MBMORANOUH NUKBER 90 -16 SUBJECT: Au~.~ 29, 1990 Mayor and City council Robert H. Hyers, City Attorney Joseph Lawrence, AB.i~tant City Attorney Err.ct of Tie city counoil vote on Appeal trom Declsion of Planninq commission DATE TOr PROM; A queation bas arisen concerning- what the effect is of a tie city councl~ vote on an appeal tram a decision of the. Plann1ng Commission. We conolude that on a tie vote no city Council action 1s taken. The result is that the P"'Iinninq Commission's decision is voided. In other words, a tie City Council vote wipes the slate clean so that not even the Planninq Commission's decision to approve a project is implemented. AN~YSIS The Zonin9 COde provides as follows: An action of the rplanl'1inq] commi.aion appealed to the Ci~y council .hall not become effactiva unlAss and uneil approved by ths City Council. San~a Monica Municipal Coda saction g132.4(>>). Two t:hinga a}:)ou,t thi. Sect.ion are notable. The first is that once an appoal i. taken from a Planninq commi..ion decision, ~ha~ d.aiaion ic .tayed or not operable. ~he second is that it takgs: somQ affirmative aotion on t.he part af the city Council upholdinq the d.eQieion of the Planninq commi..ion in anter rQr the la~b.r'. decision to be i.plementOQ. A tie city Council ~ote doe. not amount to the approval or a. Planning Commie. ion decision neCfiI.sary wi thin the mean1nq 0: Bec::tion 91324(b)~ Rather, the .:trect is just 'the oppos1te. since on appeAl the city Council is sUbat1tut1nq 1ts jU~9ment tor that gf the Plannin9 Commission, with the C1ty councIl act1nq as the fin~l dec1&ign maker, a tie vote by it amounts to non-approval. or . pre:) act. The Plann1nq commission r s deo1s1on cannot be reinstate~ ~ecause pursuant to section 91324.4(b) that deal_ion has no erteet once a timely appeal nas been filed. The ~ec1B1on ot tbe City council standS 1h place of the dec1sion of ~he Planning commission. - 1 - ~ . ;10- 2-90 2:02PM CI-Y Ar.v~ LAw OFF:CE:# 3 S~N- BY.SAN-A MON:CA This underatandinq of the oonsequenoee of a tie vote is in harmony with the rules whioh govern City council ~eetinq.. Rule 22 ot t.he Rule. for city COl.lneil Heet:inqa provide" that u [ot] ie vot.ee ahall be lost mot-ions o..nd I:lay be recoMlidereCl." Moreover, these rules sta.te. that except WhM th.y provide: otherwise, the prooeduros of the city Counoil shall be governed by Roberta Rules of Ord6r. Rule lS of ehe Rulee ~or city Council Meetinqa. AS int.erpreted by the Attorney General, under Rober'ts Rules or Order, in ca.. ot D. tie vote fel:" :.r ilsa,1mst III notion, "the mot-1on il!!l not adopted a.nd the situation re.mainB unChanqac.1." 62 ops. cal. Atty. Gen. a9S, 700 n.~ (~979). We realize tha~ t.nls opin10n represents a chanqe from advice that 'the C1ty Attorne.Y'1I office has previously given, However, that earlier a~v1ce was basea on an understand1nq of how tne. now supersed.ed "old" zoninq oo<1Q worked and was not based on the languaqe adopted in the current zoning code. The C1ty Council may want to amend its rules ot procedure to state that when 1t acts on an appeal from a City commission, a tie vote by the c~ty Council reinstates the decision of the Comm1ssion. This is the effeot, for instance, ot a tie vote cy the supreme Court. In add. it ion , the Cit.y Council may want to aMend the zoning code to provide tor the same result. jlm474jhpc - 2 - 4- . . -- Prel~m~nary survey Santa Mon~ca Numbered streets -- 1112 Bungalow Dwe111ng 1348 Craftsman Dwelling 1330 Turn or Century DwellIng 1328 Turn of Century Dwe111.ng - 1322 Turn of Century DwellIng - - Dwel1ln9 - 1437 Bungalow -- 1443 Turn or Century Dwelllng 1900-2500 oks. Street trees CO[TUI\Unlcy deslgn feature 2913 Bungalow Dwelling ---- - 11l:.n Street ... 337 Period ReVIval D\ve11lng 348 Spanish DwellIng -- 401 Am. Colon~al j)wellln~ 438 Spanisn . Dwel1~ng 443 Period Rell~val Dwellln9 -- 447 Span~sh Dwelllng 507 Period ReVIval Dwelllng 520 Bungalow DwellIng - -,., 524 Bungalow Dwelling 603 Spanish Dwe 111n':I ..ol 623 Period Rev1val Dwel11ng 627 Per~od Rell~val Dwelling ---,.. 728 Bungalow ;:lwelling 848 Span~sh Apartmenc courc 947- 953 StreamlIne Apan:ment -- 957 Bungalow D\...elling - 1143-1145 Regency Apartment: 1144 Crafcsman Dlvelling --. 1216 Craftsman Dwelling Or~ental .... 1223 Bungalow Dwell~ng 1229 (?) Bungalow Dwelling - . 1233 Am. Colonlal Dwelling --- 1239 Am. Colonlal Dwelling ~ 1253 Am. Colon~a1 Dwelling 1255 Am. Colonial Dwelling -- .1257 Am. ColoDlal Dwelling 1444 Queen Anne D\...elllng 1447 Turn or Ceni:ury Dwelling 1524 Craftsman Dwelling - 1518 ( ? ) Crar<:sman Dwelling 1810 (? ) Craftsman Dwelllng 1813 Span~sh A;;>artment court - 1823 Contemporary Condor.l.ln Iums 1848 Craftsman Dwelling 1907 Concrete wall 1923 Crafcsman Dwelllng -- 1930 Bungalow Jwelllog 2000-2500 oks. Sr.reet <:rees Commun~ty des 19;1 feature -- - 46 - -- ----.,~:F - e . LAW OFfICES Of' ROSARIO PERRY A P!?OFESSlONA:. CORl'O~ATlON OCEAN AVENUE lAW OFl=lCES 1333 OCEAN AVENUE SANTA MONICA CALIFORNIA 90401 (21J) 394-9831 FAX (213) 394-4294 February 13, 1991 Ms. Clar~ce Johnsen CITY OF SANTA MONICA CITY HALL 1685 Maln Street Santa Monica, Callfornla 90401 RE: Freedom of Inrormatlon Act Dear Ns. Johnsen: Please send me any and all wrltten rules of order and procedure for the conduct of the Planning Commission meetings. Sincerely, RO~RRY RP/tlf EXHIBIT t - f"TTFi;C'!LENNON#11/14/2-1,k91 3 - ", ... ........... " -... . . CA:RMM:jld492/hpc city Council Meeting 10-23-90 Santa Monica, California ORDINANCE NUMBER 1556(CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER lA TO ARTICLE I OF THE SANTA MONICA MUNICIPAL CODE RELATING TO THE POSTING OF AGENDA NOTICES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOT.T {.)WS : SECTION 1. Chapter lA is added to Article I of the Santa Monica Municipal Code to read as follows: CHAPTER IA - NOTICE OF MEETINGS SECTION 1120. Posting of Aqendas for Regular Heetinqs. (a) At least 72 hours before a regular meeting of the city Councilor any City board or commission, an agenda of the meeting shall be conspicuously posted specifying the time and location of the meeting and a brief general description of each item of business to be transacted or discussed at the meeting. .... - 1 - EXHIBIT 9~\ '0- e e (b) Action may only be taken on items appearing on the posted agenda unless one of the following conditions are met: (1) By a majority vote the city council, board or commission determines that an emergency situation exists that severely impairs public health or safety. (2) By a two-thirds vote, or if less than two thirds of the body is present by a unanimous vote, the city council, board or commission determines that the need to take action arose subsequent to the agenda being posted. (3) The matter was continued from an earlier meeting held not more than five calendar days prior to date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. SECTION 1121. Postinq of Agendas ~or Special ~nd Emerqency Heetinqs. (a) At least 24 hours before a special meeting of the city Councilor any city board or comnission, an agenda , ...... - 2 - _ _ _<"- ~ )- -J"~ ;..~~~... ...,' . . of the special meeting shall be conspicuously posted specifying the time and location of the special meeting and a brief general description of each item of business to be transacted or discussed at the special meeting. (b) Notice of the meeting shall be provided City Council and board members or c01l'lmissioners in the manner provided for in Government Code Section 54956. (c) Unless an emergency occurs that severely impairs public health or safety, no business other than that which appears on the posted agenda may be transacted at the special meeting. (d) Emergency meetings of the City council, boards and commissions may be called and conducted in accordance with the provisions of Government Code Section 54956.5. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of thi"s Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. - - SECTION 3. If _any section, ~section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid ....~ - 3 - . . or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, The city council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the city Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be publiShed once in the official newspaper within ~5 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: rw1J~ ~ ~ ROBERT M. MYERS D .. City At~orney , ""' - 4 - ~ . ,. . . Adopted and approved this 30th day of october, 1990. ~;r~ Mayor Pro Tempore :r hereby certify that the forag-oing ordinarLce No. 1556 was duly and regularly introduced at a meeting of the city Council on the 9th day of october 1990; that the said Ordinance was thereafter duly adopted at a meeting of the city Council on the 30th day of October 1990 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Jennings, Katz, Reed, Mayor Pro Tempore Finkel . councilmembers: Noes: none Abstain: Councilmembers: none Absent: councilmembers: Mayor Zane ATTEST: ~-/ v ;;. . SA.....'TA MONICA CHARTER mUnicipal electton, and until hIS successor lS elected and qualified At the next general mu- niCipal election following any vacancy, a new member shall be elected to serve for the re- mammg period of any unexpired te(m If a member of the Board of EducatLon absents himself from all regular meetings of the Board for a period of sixty days, consecutively, from and after the last regular Board meeting attended by such member, unless by permISSion ofthe Board expressed In Its offiCIal mmutes, or IS conVlcted of a crime involVing moral turpl tude, or ceases to be an elector of the School DlStnct, hIS office shall become vacant and shall be so declared by the Board of Education SECTION 904 Presldrng Officer On the first Tuesday followmg any election at which a Board member IS elected, the Board shall meet and elect one of Its members as the presldmg officer to serve at the pleasure of the Board . 238 R-92 SECTION 905 General M nlUclpal ElectIOn Date for Boan! of EducaUon If SectIOn 1400 of the City Charter IS amended to change the date of the General MUl1lClpal ElectLon from the second Tuesday In Apnl of odd numbered years to the first Tuesday followmg the first Monday In November of evep numbered years, such change shall be applicable to the eLection of members ofthe Board of EducatLon under thlS Charter In the event such change becomes effective. for those elected members of the Board of E:ducatLon whose terms are scheduled to expire 1'1 April 1985, those terms shall expire In No- vember 1984 for those elected officers whose terms are scheduled to expire ll1 Apnl 1987, those terms shall expIre ll1 ~o\'ember 1986 The terms of the officers elected ll1 November of even numbered years shall begm on the first Tuesday follOWing their election ARTICLE X-APP0I1I.'TIVE BOARDS A1'\i"D COMMISSIONS SECTION 1000 In General There shall be SECfION 1004 Meetings ChaIrman As the follOWIng enumerated boards and comlnlS- soon as practicable, followmg the first day of SlOns which shall have the powers and duties July of every year, each of such boards and he rein stated In addItion, the CIty Cou ncll may commISsIOns shall 0 rgamze by electmg one of Its create by ordinance such addItIOnal adVISOry members to serve as preSidIng officer, at the boards or COltURlSSIOns as m ItS Judgment are pleasure of the board or commISSIOn reqUIred, and may grant to them such powers Each board Or commISSIOn shall hold a regu- and duties as are consIStent WIth the prOVISions lar meetmg at least once each month All of thIS Charter proceedings shall be open to the pubhc unless the nature of any investigation or proceedmg IS such that In the opinIon of such board or commlSSlon the publIc mterest would best be served by closmg such meetmg to the public and the reasons therefor are declared as a part of such action The vote of a maJority of the entire membership of such board or commISSion shall be necessary for It to take action The -CIty Manager shall deSIgnate a city em- ployee to act as secretary for each of such boards and commISSIOns, who shall keep a record of Its proceedmgs and transactlons Each board or commiSSIOn may prescnbe Its own rules and regulations, which shall be con- sIStent WIth thIS Charter and copies of which shall be kept on file In the office of the City Clerk where they shall be allatlable for public mspec- tlon SECTION 1001 Appropriations The City Counctl shall mclude In Its annual budget suffi- cient appropriations of funds for the effiCient and proper functlonmg of such boards and commISSIons SECTION 1002 Appolntment. Tenn The members of each ofsuch boards or commISSions shall be appomted by the City Council They shall be subject to removal by motIOn of the City Council adopted by at least fIVe affirmative votes The members thereof shall serve for a term of four years and until the.. respectIVe successors are apPOInted and quaWied The members first appomted to such boards and commlSSlOns shall so classIfY themselves by lot that the term of one of each of therr number shall expire each succeedmgJuly 1st \\'here the total number of the members of a board or commISsIOn to be apPOinted exceeds four, the c1asswcatlon by lot shall pro\olde for the pamng of terms to such an extent as IS necessary In order that the terms of at least one and not more than two shall expire Ul each succeedmg year Thereafter, any appomtment to fill an un- expired term shaU be for such unexpired period SECfION 1003 Existing Boards The re spectlve terms of office of a \I members of the boards and commISSions enumerated III thIS Article or III eXIStence at the tIme thIS Charter takes effect shall termmate upon the effectIVe date of thIS Charter and upon the appomtment and qualwcatlOn of their successors SECTION 1005 Compensation. The mem- bers of all boards and commiSSionS, except the Plannmg CoI"'mlSSlOn, shall serve Without compensatIOn for their ServICeS as such, but shall receIve reimbursement for ne<:essary traveling and other expenses when on offiCial duty out of the City on order of the CIty Councrl Members of the Planl1lng CommISSion shall receive reimbursement for necessary travelmg and other expenses when on offiCial duty out of the City on order of the City CounCil In addItion, pursuant to an ordinance duly adopted by the City Counctl, members of the Plannmg CommISSion may be compensat~d $2500 per meeting up to a EXHIBIT Ib? Se(: 905 4.dopt-fd lIIr Spt"clltl "unldpll:l EIKrion 6584 R.. M"71CCS Adop1Cd 6-16-1-4 Me 1005 amen.dotd .. SpeCial \tunjdpllll EJection. JOin~ 11 1911 by Rc-solu.lioll: 0;0 7~40 ICCS) ?_--. _...:,. /J'--~ e SA.."'"1'A MOKICA CHARTER e maximum of $100 00 per month Such compensatIOn shall be deemed reImburse- ment for out-of-pocket expenditures and costs Imposed upon members 10 servmg on the Plannmg CommiSSion Pursuant to an ordinance duly adopted by the City Council, the amount of compensatIOn for Planmng CommISsIOners may be Increased by an amount equal to the Increase in the Con- sumer Prace Index for each calendar year from the operative date of the last adJust- ment of the compensation In effect when the ordmance IS adopted The Consumer PrICe Index (CPI) shall be the CPI for All Urban Consumers for the Los Angeles, Long Beach, Anaheun Metropohtan Area (All Items), prOVided by the Umted States Bureau of Labor StatIStics or other com- parable mdex determined to be appropriate by the City Councll e e e -e -e . 238-1 R-92 SECfIO"'; 1006 Oaths AffirmatlOns Each member of aIll'such board or commlSSlOn, a'ld the secretary thereof, shall have the power to admInISter oaths and affirmations In any in- vestigation or proceedll1g pendmg before such board or comnusSlOn SECTIOK 1007 Planning CommisslOU There shall be a City Planmng Commis- sion appOinted by the City Council, one member to be elected from ItS own , - \ ( c:- :; (~J + e " " t~ ": ~ ~ ~ ... .... -. ( c ~ .. ....-~ ~ ::t ... ~~ y F?~ ~: l ~< .Z (;: ~ :.... .~, ;~ i j:! ~ . SA~T '\ :'.IO,,:rCr\. ML""r-:rCrp AL CODE !HcmbC'rshlp to prOVide actl"c liaison \\ ah the COnUlIlSSlOn, but who shall neither ha\ c a \ ate nor be eligible to be Chalrl'l.ln thereof and se\'cn mem- bers from the qualified electors of the City, none of whom shall hold al'}" paid of:lce Or employment In the City gov- ernment The City EngH'eer and City AttOrlleV, 01 their assistants. shall be In attendance at all regular mectmgs of the CommiSSion SECTIO~ 1008 Planmnli:; CommISSIOn. - POI' E'!'S and Dutl<'s_ The Plannmg Com- miSSion shall haH~ the pm\ er and be n!qulred to (8.) After a public hearPlg the reo"!. recommend to the City Council the adop- tion a.mendment or repeal of the Master PI:l.n. Or any part thereof for the phYSI- cal deVelopment of the City, (b) ExerCise such control over land subdivisions as IS granted to It by the gO\ ernlng body of the City and by the laws of the State of California, (c) 1>f a ke recommendations C011cern- ing proposed publiC wOl:'ks and for the clearance and rebuilding of blighted or substandard areas WI tlun the Cl ty. and , (d) Exercise such functIOns With reo spect to zomng as may be prescnbed by Ordin3.nce. SECTION' 1009 Libral}' Board. There shall be a Library Board conSlstmg of five members to be appomted by the City Council from the qua.l1fied electors of the City and no member of said Board Shall hold any paid office or employment In the City government SECTIO:-l 1010 Library Board. Pow- ers and Duties. The Library Board Shall have charge of the administration of the Santa MOnica Public Library, and Shall have power and be required to (a) Make and enforce such by-laws, rules and regulations as ma) be neces- sary for the adnuDlstratlOn, government and protectton of the Clt)' Library. . 239 R-57 (b) Approve or dIsapprove the ap- pomtment of a Llbranan, and (c) Accept money. personal property or real estate donated to the Library Board of tre Santa Mon'ca Pubhc Ll- brar}' or Its predecessor SECTION 1011 Personnel Board There shall be a Personnel Board conslsClng of five members to be appOInted by the City Council from the qualliled electors of the CHy To be eh~lble for appmntment, each appomtee shall neither hold public office or employment nor be a candidate for any other public offIce or pOSI- tion and shall not be an officer of any local. state or natIOnal partlsan polltlcal club or orgamzatlon The member of the Personnel Board shall serve for a term of ft ve years and until their respective successors are appOInted and qualified The terms of such members shall be staggered so that the term of one thereof shall expire on each succeedmg July 1st Any vacan- c):' on the Board shall be hlled by the City Coun. ct! {or Che unexpired term .. SECTION 1012 Personnel Board Powers and Duties The Personnel Board shall have power and be reqUired to (al Approve or disapprove the appomtment by the City Manager of a Personnel Director If the Board takes no action on such an appoint- ment Within 30 calendar davs of receIVmg wntten noUce from the City ~{anager of mten- tIon to make an appomtment, the appomtment stands as approved, (bl After a public heanng thereon, recom- mend to the Cltv CounCil the adoption, amend- ment or repeal of Cl~'ll Service rules and regulations, (C) Make any mvestlii:alLon which It may con. SIder deSirable concerning the admmlstratlon of personnel In the mUniCipal service and report Its fmdmgs to the City CounCil, City Manager, and the Personnel Director. {dl Hear ap'peals of any officer or employee In the classlhed service who IS suspended, demoted or removed. and report m wrltmg to the appointing authOflty, City Manager, and City CounCil, Its findings. conclUSIOns. and rec<lrnmendaUons, and Ie} Act In an adVISOry capacity to the City CounCil and the Personnel Director on per- sonnel admlnlstratlon EXHIBIT \)-3 I .. ... Sol: 1011 AMo4td " Ofi .. IOSICC$ UoPlocl C 12-77 s.c 1012 Am..cOll ~ Ot1l ~I 1051tC$ U'plod .-1211 . . "\.rtY C Op SANTA MONICA Clance E Johnsen City Clerk February 15, 1991 1685 Mam Street Santa Monica. CA 90401.3295 (213) 458-8211 Law Offices of Rosario Perry Ocean Avenue Law Offices 1333 Ocean Avenue Santa Monica, CA 90401 Dear Mr. Perry: In response to your letter dated February 13, 1991, I am forwarding for your information the following: Municipal Code pages 238, 238-1, 239 of the city Charter regarding the Planning Commission and Ordinance No. 1556 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF SANTA MONICA MUNICIPAL CODE RELATING TO THE POSTING OF AGENDA NOTICES." All meetings are also held in accordance with "Roberts Rules of Order." Your request for a certification of Tract No. VTM 50221 for a condominium project at 1226 11th street has "been referred to the city Attorney~ sinc~rely, Clarice E. Johnsen, CMC City Clerk &::L'f Deputy C1ty CEJ:jj jjr EXHIBIT 12:'-\ " ~ - . . lAW O~~ICES 01' ROSARIO PERRY A PRO~ESSlONA:. COTIPORATlQN OCEAN AVENUE LAW OFFICES 1333 OCEAN AVENUE SANTA MONICA CALlFORMA 90401 (213) 394-9831 FAX. (213) 394-4294 February 13, 1991 Ms. Clar~ce Johnsen CITY OF SANTA MONICA CITY HALL 1685 Main Street Santa Monica, California 90401 RE: 1226 11th Street Cundo ?roJect cuPt 90-075 VTM 50221 Date of Hear1.ng: Demand That CLty Clerk ~ertLty Appro~al of Tract Map Dear Ms. Johnsen: On October 23, 1991, my cl1.ent _rece~ved a deemed complete letter from the Planning Department on the above-referenced proJect. The Plann1.ng Commission did not hold a hearing on his app:!icat1.on unt1.l January 23, 1991. ThLs was well beyond the 50 day deadli~e. My client wa1.ved time to January 9, 1991, but at that hearing, Planning cont1.nued h1.s proJect without asking for, or receivlng h1.S consent. At the January 23, 1991 hearing, which was held after the 50 day deadline, the conuniss1.on's vote on my client's appll.cat1.on as a two-story pro] ec;:: t (rather than a three-story as subm1.lted) 'Was three to three. The C1ty Attorney's off1.ce has issued a recent opinion memorandum ~90-16 which states as to City Counc~l votes that a t1.e vote is no act1.0n. Therefore, the P lannLng Comrn1.ss~on took no action on my cl1.ent's prc)ect wlth lts three to three vote. In any event, the Planning CommLssion has failed to act on the project within 50 days from the deemed complete letter ,_ either beG.ause - the COfiUll.lSsion failed to hear the matter at the January 9, 1991-meet1.ng deadline or because it took no action at the January 23, 1991 meeting. EXHIBIT f- _T.........CI"/T..,....n.lf'\....'i11 11.1 1?-11,-Q1 1 " ~ ..o-....:__.~~"""~_..__~__.~_. . ___..-___ ~ ~_ _ _ ..._-'J.-./'LF-?.J"-""-.... C~ty Clerk February 13, 1991 Page 2 Under Mun~cll?al Code S9361, the Plann~ng COrnIUSS1-0n has 50 days to act on the appl~catlon. Under 59362, It the Commisslon does not act wlthln that t~me perl-od, then the tentative map shall be deemed approved... "and l-t shall be the duty of the Cl.ty Clerk to certify the approval" Formal request 1S belng made hereby that you irnmedl.ately certify the tentatlve tract map approved. The tract map applicat~on as stated by Plann~ng staff conforms to the Subdi vislon Map Act i the Ci ty zonlng laws and all other City ordinances. Thank you for your help in thlS matter and I will be looking forward to receiving your certl.flcation. s~ncerely, ROS~Y RP/tlf ~~ ~....rro IT l:""n7.......uJl7 1 /1 d /7_1 "::l-q 1 2 ...... '* . oj:,'/", OF::iC~S OF . ROSARIO PERRY A "IKlFESS,:)"iAL CC'lPQRA T':)'>I OCEAN AVENUE LAW OFJ::;CES 1333 OCEAJ'.; AVENUE SANTA MONiCA CAliFORNIA 0040' (213) 394-9831 FAX (213) 394-4294 February 20, 1991 SN~TA MONICA CITY COUNCIL 1685 Ma~n Street Santa Monica, Ca11forn~a 90401 RE: Appeal/1226 11th Street/CUP 90-075/VTM 0221 FIRST SUPPLEMENTAL ARGUMENT on APPEhL TO CITY COUNCIL 1. 'l'HE PLAKNING COMMISSION TOOK "NO ACTION" ON THE CONDOMINIU~ APP:='ICATIon Appellant has argued on appeal that he was not aware of the existence of uny Rules of Order govern1ng Plannlng Cornm1ss~on meet1ngs, and in part1.cular, no Plann~r.g Comm1.ss~on rules 1ndicat1.ng the affect of a tie vote on a mot~on to approve or d~sapprove a vested tract map appl1.cation. Appellant's attorney has requested by letter, dated February 13, 1991, (a copy ot wh~ch is attached hereto as Exh1.b1.t "e") that the C~ty provldc hlffi w~th "all wr~tten ru2.es" for the conduct of the Planning ComnUSSlon. In response to the letter, the C~ty Clerk produced l.n the QOCUl""en"t:s at.tached hereto as Exh1b~t "D." These documents are as follows: (1) Ordinance No. 1556(ccs) dated October 23, 1990 wh1ch deals wlth the post1ng of agendas (not an issue ~~ our appeal) ; (2) "Heetlngs." 51004 of Article X of the City Charter entltled Of l.nterest lD this sectlon 1S the language "The vote of a ma]Or1ty of the entlre rnenbershlp of such board or comnlSSlon shall be necessary for It to take actlon." [Emphas1s added]. [TIus lS one of our maJ or pOlnts on appeal i. e. that no actlon was taken at the Plann1ng Commlss~on meeting because there was only a tle vote]; and (3) Santa MOTIlCa Mun~clpal Code ~1008 entltled "Plannlng Co:mIIl1ssicn" wInch deals w'lth l.ts powers, 111cluding ~1008(b) control over subci~vls1ons. In th~s respect, ~1008 spec~=~ca~ly states that the Plann~ng eoro~~ssion shall have CLIE6C/LENNON#11/15/2-~~91 1 "6& r.ecvc/ed :Japer ~- . . the power to control subd~v~s~ons as that power lS granted to ~ t by the Counc~l Qn.d the laws of the State. ~1008 (b) rec~tes the ObVlOUS, that the Plann~ng Comm~ss~on can act, and is l~mited in its act~ons, by the authorlty of the City Counc~l and State laws. (4) Cover letter dated February 15, 1991, signed by Joan Jensen. The letter states, In part, that all ffi€etlngs are held In accorddnce wlth nRoberts Rules of Order." These documents .subrutted to further substantlate Appellant's argu~ent that: (1) There are no wrltten Rules of Order for the Planning Conwlss1on; (2) There are no rules WhlCh spec1flcally state what the effect of a tie vote 1S; (3) All the mater1al that does eX1st however, wh1ch deals w1th votlng in general, 1ndicates that a maJor~ty vote 1S needed to take ~n~ actlon -- approval or denlal. II. APP~lCANT HAS FOID1ALLY REQUESTED CERTIFICATION OF TRACT NO. VTM 50221 On February 13, 1991 f Appellant formally requested certlflcat10n of h':'G tract map by letter addressed to the Ci ty Clerk. A copy of the letter 1S attached as Exhlb.:. t liEn. The Clerk acknC\..;ledged receipt of this letter ard forwarded It to the City Attorneyls offlce. (See Exhl.b1t "DH Clerk's February 15,1991 letter) There 18 no other admin1strative act10n to be taken on Appl~cantls part, except for the prosecutlon of the appeal to the Clty Counell. III. ALL EXHIBITS ARE PART OF THE ADMINISTRATIVE RECORD On January 23, 1991, Appellant sub~ltted a draw1ng of 11th Street to the Plannlng Cornrn1ss~on whlch ccntalned photographs of both 51des of the street and locatlons where 11th Street resldents llved who slgned his petltlor. ln support of the proJect. This drawing 1S part of the administrative record and should be preserved and shown to the Clty Council 1n conJunction wlth the dppeal. Appellant requests that thls letter a~d lts attachments also be made part of the adm1nistrat1ve record on appeal to the City Councll. RP/tlf Enclosures CLIE6C/LEN~ON#11/15/2-20-91 2 e . 7^ CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM DATE: January 16, 1991 TO: Planning Commission FROM: David Martin, Associate Planner SUBJECT: Conditional Use Permit 90-075 VTTH 50221 1226 11th street Attached is the staff report and project plans for Conditional Use Permit 90-075, continued from the January 9, 1991 Planning Commission meeting. Information received at the January 9th meeting is also attached for your review. pc/pcmemo - 1 - 1\1'~tJ1G,J, ~ e . CITY PLANNING DIVISION Land 'D'S. and Transportation Hanaqe.ent Department MBMORANDUM DATE: January 23, 1991 TO: The Honorable Planning Commission FROM: Planning staff SUBJECT: Conditional Use Permit 90-075 vesting Tentative Tract Map 50221 Address: 1226 11th street Applicant: Lance Lentz SUMMARY Action: Application for a Conditional Use Permit and a vesting Tentative Tract Map to allow the construction ot a six unit condominium.. Recommendation: Approval with Conditions Permit Streamlining Expiration Date: April 23, 1991 Subdivision Action Deadline: December 12, 1990 SITE LOCATION AND DESCRIPTION The subject property is a 7,500 square foot parcel located on the west side of 11th Street between Wilshire Boulevard and Arizona Avenue with a frontage of 50' on 11th Street. surrounding uses consist of a three story, multi-family residential building on the adjacent lot to the south (R3), a one and two story, multi- family residential building on the adjacent lot to the north (R3), one and two story residential buildings across 11th Street to the east (R3), and two story, multi-family residential build- ing across lOth Court alley to the west (R3). Zoning District: R3 Land Use District: Medium-Density Housing Parcel Area: 50' X 150' - 7,500 square teet PROJECT DESCRIPTION Proposed is the demolition of a rent control exempt, single fami- ly residence, and the construction of a three story, 40' tall, 6- unit condominium building with a 15 space subterranean parking - 1 - . . garage accessed from lOth Court alley. The project would consist of two separate buildings over a common parking garage. The front building would contain three, three-bedroom flats and the rear building would contain three, two-bedroom flats. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A. CEQA STATUS The project is categorically exempt from the provisions of CEQA, pursuant to Class 3(14) of the City of Santa Monica Guidelines for Implementation of CEQA. RENT CONTROL STATUS The subject property is exempt from rent control as a single fam- ily residence. FEES The project is subject to a Parks and Recreation Facilities Tax of $200 per unit and a Condominium Facilities Tax of $1,000 per saleable unit for a total tax of $7,200. In addition, the proj- ect is required to comply with Program 12 of the Housing Element of the General Plan as implemented by Ordinance No. 1519 (CCS), which may be satisfied by providing affordable inclusionary hous- ing on-site or by payment of an in-lieu fee. This fee, prior to adjustment in accordance with changes in the CPI, will be $143,250.00, based on a gross residential project area of 9,550 square feet. The project is exempt from the Housing and Parks project Mitiga- tion fee established by Ordinance No. 1367 (CCS), based on the fact that the project will not result in the addition ot 15,000 net rentable square feet or more of office area. ANALYSIS The proposed project would include the construction ot two, three unit condominium buildings over a 15 space subterranean parking garage. The two buildings would be three stories, 40' in height above an average natural grade of 131.0 The project would in- clude two three-bedroom flats and three three-bedroom units. The upper level units would be accessed via exterior corridors with two stairways and one elevator. No mezzanines or root decks are proposed. parking- The parking requirements are based on a ratio ot 2 space. for each two bedroom unit and 2.5 spaces tor each three bedroom unit, plus one guest space. A total of 15 spaces are provided in a - 2 - . . subterranean parking garage accessed from lOth Court alley. Com- mon pedestrian access to the garage would be provided by one stairway located near the north property line, and one elevator. The subterranean garage also includes a storage room with six private storage lockers. Neighborhood Compatibility . The proposed three story condominium would be located in an area that currently contains a mix of one to three story residential buildings. While the proposed building is sUbstantially larger than the one story building located on the adjacent lot to the north, the height of the building is consistent with other three story buildings in the area and complies t,tith the 4.0 I height limit in the R3 District. Several building recently completed or under construction in the area have been built to a height ot 40 feet. Staff has included a condition to ARB to ensure that the design of the building is consistent with the existing bungalow and craftsman style structures in the neighborhood. Conclusion The proposed condominium complies with all applicable provisions of the Zoning Ordinance and the General Plan and therefore merit. approval. RECOMMENDATION rt is recommended that the Planning Commission approve Condition- al Use Permit 90-075 and Vesting Tentative Tract Map 50221 sub- ject to the followinq findings and conditions: TENTATIVE PARCEL MAP FINDINGS 1. The proposed subdivision, together with its provision for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica, in that the project conforms to the provisions of the R3 District standards of the Zoning Ordinance and the Medium-Density Residential section of the Land Use Element of the General Plan. 2. The .ita 1s physically suitable for the proposed type of development, in that it is a standard lot with no unusual characteristics. 3. The site is physicallY suitable for the proposed density of development, in that a 7,500 square foot parcel in the R3 District can accommodate 6 units. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or sub- stantially and avoidably injure fish or wildlife or their habitat, in that the proposed development is an in-fill of urban land which does not currently support fish or sig- nificant wildlife. - 3 - . . 5. The design of the subdivision or the type of improvement will not cause serious public health problems, in that the proposed development complies with the provisions of the Zoning Ordinance and the General Plan. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision, in that the subject site is ade- quately served by existing streets. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that the proposed condomini- um conforms to the zoning Ordinance and the General Plan. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that it would be located in a mUlti-family residential district. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the proposed project meets the density standards for the R3 District. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the existing structure would be demolished. 5. The proposed use would be compatible with existing and permissible land uses within the district and the qeneral area in which the proposed use is to be located, in that the area is a mix of single-family and mUlti-family residential buildinqs. 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 existinq streets. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- roundinq neighborhood, in that all setbacks, lot coverage and height requirements for the R3 District have been met. - 4 - . . 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the area is de- fined as a Medium-Density Residential area by the Land Use Element of the General Plan. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed project complies the the provisions of the Zoning ordinance and the General Plan. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, Section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning ordinance, in that no Performance standard per- mit would be required. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the area is defined as a multi-family residential district. CONDITIONAL USE PERMIT CONDITIONS Plans 1. This approval is for those plans dated 10/05/90, a copy of which shall be maintained in the files of the City Plan- ning Oivision. project development shall be consistent with suoh 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. 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 planninq. Architectural Review Board 4. . 5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements wi th 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 - 5 - . . attention to the aesthetic, landscaping, and setback im- pacts of any ramps or other features necessitated by ac- cessibility requirements. 6 . The existing mature palm tree, located in the northeast corner of the parcel shall be either preserved in its present location relocated on the property. 7. Plans for final design, landscaping, screening, trash en- closures, and siqnage shall be subject to review and ap- proval by the Architectural Review Board. s. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials; window treatment; glazing; and landscaping. The ARB shall also ensure that the design of the building is compatible with the existing bungalow and craftsman style structures in the neighborhood. 9. Construction periOd signage shall be subject to the approval of the Architectural Review Board. 10. Landscaping plans shall comply wi th Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 1~. 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 quired front or street side yard setback areas. chitectural Review Board in its review shall pay lar attention to the location and screening meters. the re- The Ar- particu- of such Fees 13. The City is contemplating the adoption of a Transportation Management plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establishinq mitigation requirements, includinq one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the city. This ordinance may require that the owner of the proposed proj ect pay such new development fees, and - 6 - . . that employers within the project pay such new annual em- ployer fees related to the City's Transportation Manage- ment Plan. 14. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the ti~e 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 seq. of the Santa Monica Municipal Code. Demolition 15. Until such time as the demolition is undertaken, and un- less the structure is currently in use, the eXisting structure shall ~e maintained and secured by ~oarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveil- lance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscap- ing material remaining shall be watered and maintained until demolition occurs. 16. Unless otherwise approved by the Recreation and Park. De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS) . 17. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 18. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. Construction 19. Unless otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the grading and construction phase ot the project. 20. sidewalks, curbs, gutters, paving and driveways which need replaeing or removal as a result of the project a8 deter- mined by the Department ot 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. - 7 - . . 21. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. 22. street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code COrd. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 23. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General Services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone n'_1mhers and business license nmnhers of all con- tractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or side- walk is proposed to be used in conjunction with construc- tion; 5) Set forth the extent and nature of any p11e- driving operations; 6) Describe the length and nnmlo\er of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewater- ing and its effect on any adjacent buildings; 8) oe.crib. anticipated contruction-re1ated truck routes, numher ot 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. 24. A sign shall be posted on the property in a manner consis- tent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 25. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation - 8 - . . 26. Ultra-low flow plnmhing fixtures are required on all new development and remodeling where plmnhing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) 27. Prior to issuance of a certificate of Occupancy, project owner shall present documentation to the General Services Department certifying that existing Santa Monica occupan- cies with toilets installed prior to 1978 have been retro- fitted with ultra low-flow toilets (1.6 gallons per flush or less) such that development of the new project will not result in a net increase in wastewater flows. Flow from existing occupancies which will be removed as part of the new development may be deducted from flow at- tributable to the new development if such occupancies have been occupied wi thin one year prior to issuance of a Building Permit for the proposed project. Alternatively, proj ect owner may provide a payment to the General Ser- vices Department in an amount specified by General Ser- vices in lieu of the installation requirement, which funds shall be used by the City for the exclusive purpose of achieving compliance with this condition by retrofitting existing occupancies. Flow calculations for new develop- ment and existing occupancies shall be consistent with guidel ines developed by the General Services Department. Projects subject to this condition shall not be eligible for the "Baysaver" rebate program. Miscellaneous CUP Conditions 28. The building address shall be painted on the root of the building and shall measure four feet by eight teet (32 square feet). 29 . I f 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 si9'- nificance of the survey findinqs and appropriate actions and requirements, if any, to address such findinqs. 30. street and/or alley lighting shall be provided on public riqhta of way adjacent to the project if and as needed per the specifications and with the approval of the Department ot General Services. 31. Any lofts or mezzanines shall not exceed 99 square feet unless appropriate required parkinq is supplied. Such areas shall also not exceed 33.3% of the room below unless compliance with the district's limits on ~J~~.r ot stories can be maintained. 32. No fence or wall within the required front yard setback, inclusive of any subterranean garage slab and fencing or - 9 - . . railing on top thereof, shall exceed a height of 42" above actual grade of the property. Validity of Permits 33. The Conditional Use Permit shall be of no further force or effect if the Tentative Map expires prior to approval of a Final Map for said tract. 34. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mi ts, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 35. Within ten days of Planning Di v ision transmittal of the statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning DiVision, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 36. This determination shall not become effective for a period of fourteen days from the date of determination, or, if appealed, until a final determination is made on the ap- peal. Any appeal must be made in the form required by the Zoning Administrator. The term of approval of this permit shall expire two years from the permitla effective date, unless a building permit has been issued for the project prior to the expiration date. No time extension shall be granted beyond this two year period. Inclusionary Unit Condition 37. The developer shall covenant and agree with the city of Santa Monica to the specific term., conditions and restrictions upon the possession, use and enjoyment of the subject property, which terms, conditions and restrictions shall be recorded with the Los Angel.. County Recorder's atfice as a part of the deed of the property to ensure that two affordable units are provided and maintained over time and through suDsequent sales ot the property. An incluslonary requirement ot thirty percent of the units shall apply, of which at least twenty percent shall be affordable to households not exceeding sixty percent of the the (HOD) Los Angeles County median income, with the balance of the inclusionary units affordable to households with incomes not exceeding lOOt of the (HUD) LoB Angel.s County median income, expending not over 30' of monthly - 10 - . . income on housing costs, as specified by the Housinq Divi- s ion of the Department of Communi ty 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 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 conformed copy of the recorded agreement prior to approval of the Final Map. This provision is intended to satisfy the inclusionary housing requirements of the Housing Element of the General Plan of the City of Santa Monica. Developer may satiSfy the obligations created by this Agreement by demonstrating to the Director of Planning compliance with Ordinance 1519 eCCS), 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. Durinq 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 submlttinq required materials to the santa Monica En- gineerinq Division for a final map, applicant shall pro- vide a copy of the approved statement ot Official Action. 5. prior to approval of the final map, Condominium Associa- tion By-LaWS (if applicable) and a Declaration of CC , R'B shall be reviewed and approved by the City Attorney. The ce & R' s shall contain a non-discrimination claus. as - 11 - . . presented in section 9392 (SMMC) and in the case of con- dominiums, contain such provisions as are required by Sec- tion 9122E (SMMC). 6. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provi- sions of section 6651 et seq. of the Santa Monica Municipal Code. 7. The form, contents, accompanying data, and tiling 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 ti.e the required copies of the map are submitted. 10. A copy of the recorded map shall be provided to the Plan- ning and Zoning 01 vision before issuance of a Building permit. 11. 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 atter a tan day periOd from the Commission's decision on the tentative map. Prepared DY: David Martin, Associate Planner Attachments: A. Municipal Code and General Plan Conformance B. Radius and Location Map C. Photoqraphs ot site and Surroundinq Properties D. statistical Information Sheet E. Summary of CC & R's F. Tentative Tract Map 50221 o. Plot Plan, Floor Plans and Elevations - 12 - e . OM CUP90075 01/16/91 . - 13 - . . ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Land O'se Category Blement Municipal Code Project Permitted Use Same Medium-Density Medium Density as MUlti-family Residential Code Residential Condominium Moratorium Status N/A N/A Dwelling Units Same 6. 4 Units 6 Units as Code Height of Building 40' 40' 40' Number of stories 3 3 stories 3 Stories Height of Walls, Fences N/A Not to exceed 42" None Shown in front yard, 6' in rear yard, or 8' with adjacent property owner's approval. Setbacks Front yard N/A 20' sideyard N/A 8 ' Rearyard N/A 15' Projections Into Yards KIA Per Section 9040.18 20' 8 I 15' Bay Window - 18" into side yard. Chimney and balcony - l' into rear yard. Lot Coverage parking Access NIA 50% 48.5% Alley access is encouraged when alley exists. Alley access is required when alley exists, with exceptions per Sections 9044.8-9. Alley access provided Parking Space Number N/A 15 15 - 14 - . . Trash Area N/A Trash To be located enclosure in subterranean required parking garage. Front yard Landscaping N/A sot 78t Sideyard Landscaping MIA sot of un- 75t of un- excavated excavated sideyard sideyard Unexcavated Sideyard N/A 4' unexcavated 4' unexcavated sideyard on one sideyard provided side of 50' wide on north side. lot. Inclusionary Units/Fee 1 unit or payment Condition of in-lieu fee. approval requires Program 12 Compliance. Project Mitigation Measure Fee N/A NIA - 15 - . . 1226 11TH STREET - 6 UNIT CONDOMINIUM PROPOSAL STATISTICAL INFORMATION SHEET : A - NUMBER OF UNITS : 6 (3 3-BDRM GROSS FLOOR AREA UNIT 1.1 1.2 2.1 2.2 3.1 3.2 TOTAL : B - NETT LOT AREA C - COVERED BY BUILDING o - COVERED BY LANDSCAPE E - ESTIMATED PRICE OF UNIT 1.1: 1. 2: 2 .1: 2.2: 3. 1 : 3.2: + 3 2-BDllM) 1,700 S.F. 1,450 S.F. 1,700 S.F. 1,500 S.F. 1.700 S.F. 1,500 S.F. 9,550 S.F. 7,498 S.F. 48.5 % :t 24 % $ 475,000.- $ 380,000.- $ 450.000.- $ 395,000.- $ 475,000.- $ 400,000.- - ~~&JT" D . .. ~~ ..... . R.E 5 Ul':.E CONDOMINIUM ARTICLES OF INCORPORATIOK, BYLAW~ A~: cc.aS RE: Tract No. Name of Subd~v~s~on~ FOUNTAIN CONDOMINIUM Address of ProJect: 122' 11th Street, Santa Kor.ica. California 90403 t:n1.ts: S1.X (6) 1. Type of Orianization: This is a Nonprofit Mutual Benefit Corpori't1.on organized under the California. No~p=cflt Mu~ual Benef1.t Corpcration La_. 2. MemberSh1.r: Any and all (1.nclud~ng Dec:arr.rt who have record Condom1.n1.um or a part of one. persons (Owners) ownership of a. 3. Membership Termination: Only upon sale by owner of Ownerls interest in a Condom1nium is OWner no lonqer a member of the Association. 4. Voting Rights: Initially, the Association shall have two classes of votinq memberShip: Class A. Class A members shall be all Unit owners with the 6xception of Declarant. Cl... A members shall be entitled to one vote for each condominium owned by them. When more than one person holds such in~erest in any condominium., all sueh persons shall be members. The vot.e for such Unit .hall be exercised as they, amonq them.elv.., determine, but in no event ahall more than one vote be cast wi th re.pect to any such condOllliniUll'l. Cla.. B. The Class B member shall be Declarant. The Class B member shall be entitled to thr.. (3) vot.. for each condominium owned by it, provided that the Class S membership shall cease and be converted to Cla.s A membership on the happeninq of the followinq eventa, wh1chever occurs earlier: A. When the total votes outatandinq in 1:he Class A membership ~qual the tot.al votes outstanding in ehe Class B m~mber8hip; or B. Two (2) years from the date of the oriqinal iesuance of the Final Subdivision Public Report i.sued by CCRS/LENNON-CCR'1/4/10-2-90 1 ~.&J,.&J~ t-r '- , . RESU~E CONDOMINIUM ARTICLES OF INCORPORATIOK, BYLA~S A~= CC~Rs RE: Tract No. Name of Subd~vis~on: FOL~TAIN CONDOMINIUM Address of ProJect: 122' 11th Street, Santa Mor.lea, Cal~fernia 90403 Unl.ts: 5l.X (6) 1. Type of Or~a4izat~on: This 1S a Nonprofit Mutual Benefit Corpor~t1.on organized under the Cal1.fornia ~ or Nonprof~t Mutual Beneflt Corpcration La~. 2. Mernbersh1p: Any and all {l.ncluding Dec:~r~rtf who have record Condoml.nium or a part of one. 3. .Membership Termination: Only upon sale by Owner of Ownerls interest in a Condominium is Owner no longer a member of the Association. persons (Owners) ownership of a 4. Votinq Rights: Initially, the Assoc~~tion shall have two classes of voting membership: Class A. Class A members shall be all Unit owners with the &xception of Declarant. Class A members shall be entitled to one vote for each condorr.inium owned by them. When more than one person holds such interest in any condominium, all .ueh personS' shall be members. The vote for such Unl~ shall be exercised as they, amonq themselves, deter.mine, but in no event shall more than cr.e vote be cast with r..pect to any such condominium. ~~~~c~a.8 B. The Class B member shall be Declarant. The Clas. B member shall be entitled to three (3) votes for each condominium owned by it, provided that the Class B membership shall cease and be converted to Class A m~Mbership on the happening of the following events, whichever occurs earlier: A. When the total votes outstandinq in dl. Class A membership .qual the total votes outstandinq in the Class B membership: or "" B. Two (2) years from the date of the oriqinal lEsuance of the Final Subdivision Public Report i..ued by CCR5/LE~ON-CCRtl/4/10-2-90 1 , , ~'. . , "1 . ~ I I I Q JI 01 01 . ~ . .. . II"t .... . ~ i 8 i!~ Iii II g ~ i . I ~ .... ~ . ~ a1 Cii f4 tJ IlQ C a: f4 f4 :3 c ! u .... """ I I z i c I a.. fit I; I z c ! i ..: CIJ ~ ~ g . I - ... tB; ~ MI ~ ~ - ~ .. Z (U -- ~ Z ~ ~Z ] cg ~ ~ -~ m. ~.~ .J- t .:J _ . - " . . the Department of Real Estate for the ProJect. S. Manaqement: Management shall be appointee by the elected Board of Directors to operate, maintain and manaqe the Pro:pct. 6. Project_Life: F~fty (50) years. 7. Effectivitv Tern of ar.c1 Amendments to ~C'Rs: Term~nat1.0n fifty (50) years with automatic ten (10) year ?er~od renewals unless maJor1ty of owners vote to partition p~lC~ ~o one year before each termination per1od. Oeclarant co.r., prior to sale of first c:ondomir.i\:1r., but only wlth approval of Santa Monica Planning Commission, amend CC&Rs as lona as it c.ces not C'onflJ.ct WJ.th terms ..tabl1.shed for mortgagee protection. After sale of firat condominium, m1n1.mum of 75\ of Loth o\mers and Declarant votinq class if two class votJ.nq in effect. If ON~ class votinq. then minl.mum of 751 of votes and at least 51' of owner. (not lncludl~g Declarant). 8. ~aJ.nt.nance Prcvisicr.E: (a) Each OWner shall maintain in a clean .nd saT .ltary condition and in good repa1r the l.nter..t of his Un1.t. (b) Common Areas: It is the responsibility of the Homeowners Association to maintain the C01IIIIlon Are.. in a clean ane sanitary condition and in good repair. 9 . Damage - Repair or Abandonment Provision~: Upon part1.al or - total dea'Gruct1on, i.f the a'~a11"bl. insurance proceed cover not 1... than 85' of cost of repair, the pro~ect shall be rebuilt, unl... at least 75' of owner. w~th1n 90 day. vote not to rebuil~. If the available insurance proce.d. cover 1... than 85\ of the repair coata, the project shall be rebuilt unl.ss 66' of owner., within 90 days, vote not to rebuild. As .OOD .. possible, the Board of Director. of the Association ahall obtain bid. froa at leaat two (2) reputable cOlltrae~r., licens.d in Californi., which bid. shall set forth in detail the work required to repair, reeon.truc~ and r..~r. the damaq.. or d..troyed portion. of the Common Are. and determine the aaount of all inaurance proceeds available to the As.oeiation. 10. D.scription, OWnership of Condcainiua Onit~: The Declaration ..tablLahe4 . p~an tor the 1n41vldual ownershi.p for the air apace contained within 1:Ml Siz el) individual unit. ccapri.in9 the building_ Six (6) unit condominium, single structure. Owner. own each unit and One Six~h Cl/6th) inter.at in the CCRS/LENNON-CCR'1/4/10-2-90 2 \.. . -~ A~~cc~a~1C~. Ttere are 3 Ur.l~S, wlth 3 bedrooms, 2; ~a~~=ooMS, wlth k~tche~, llv1rg roar, and dl~lng room. They r2."e ?ppro>:urately 1 '00 square :eet. 'There are 2 unl.ts with 2 bec.rooms, 2; baths Wl th 1<1 tchen, 11 Vl.!'~g room and dinJ.nq roo!". They have apprcx.:.rcte :::. ~ 500 sq\;dre feet. There is one ~n1t wltr 2 bedrooms and 2, bathrooms, kltchen, livJ.nq =com, a~d dl~lng rOOIT and It has 1450 square feet. ,. Descrl~tlOr., Ownership arc Cse of Common Areas: ~~8 D~c.aratlcn prCVloes that the Owners of the individual L,: ts shal':" have an undlvlded fractlonal l:-lterest In the CCT"'1"'O:" Area and each O......r.er shall. have an e>..cll.:'slve use of certaln comr..o~ areas and for the benefit of thelr Unlt for l:-g=ess, egress and sur-rcr'" (wer, acrosS' and through the CCITJron Areu. 12. Parkln9 S~ace Ass:.~r.l"'eJ"'t: The:"!: are 15 s~accs :n a subterranean garaqe. Eac~ ~nlt shall be qranted by Declar.s.r.t for each L:llt, wf.lch parking space assiqned par~lr~ eE r~qulred by coee. Sald spaces shall be an element of the Dr-it and rnalr.~a~n~d by the Purchaser, and shall be appurter.ar.~ tc ~r.d for the exclusive use for such Unit. 13. Restr1c~~or.S: a. Owner's FinanclaliLegal Status: No restrlctions. b. t;::;4~: Solely res1dentlal use permi tted. C. Any RestrlctJ.ons on Age of Occup~nt5: No re:;trlctions. d. Pe:s: Two dornestlc pets per un1t allowed. Prepared by: LAW OFFICES OF ROSARIC PERPY 1333 Ocean Avenue Santa Monica, California 90401 Telephone: (213) 394-9831 CCR5/LENNON-CCRtl/4/10-2-90 3