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SR-0 (90) ;<1 r. 3.~. :=:S:-~...:~:. ?C:;:::::. ::...~~: .s=~,,:~ '\4'____ -;:J. -- .....-- T .: 2!.::'::;::::- _ ~ ....-- Se:::'2--.::e= ~......, ......J....,__ ~~3.~.:;= 3-= :::'~~l C::'-=.~~:.:' ?:::~; C.:..-:::~ 3~3.:: S~3:~C~: Ce~~~:~=a~:on o~ State~e~t of O:::c:al Act:c~ fo~ ~?pea: o~ Co~dl~~oral ~se Pe~lt 9J-073/Vest:~g :entat:ve Tract Map 5C221, 1226 l:th Street. = ~r:RC :)':;CTIO~I ~~:s report transmits for Ci~y Counc1l certif1cat~on the Statement of Off~c:al Actlon :or the appeal of the above lis~ed Cond:t:oral ~se Pe~it and Vesting Tentat:ve Tract Map to allow tr.e co~struction of a six u~lt condo~i~lU~ proposed at 1226 11th Street. BAC:-<::GROt'ND After a public hearing and careful rev~ew of the record and sta:: reco~mendationsl the C1ty Council upheld the appeal and approved the proposed Conditional Use Permit and Vesting Tentative Tract Map on April 9, 1991. The following condition was added to the project specifying the parameters for Planning Commission review: Condition No. 38 liThe proj ect shall return to the Planning commission for review of project plans which shall include a th1rd floor setback a minimum of 40 feet from the front property l~ne and 30 feet from the center line of the rear alleYI and a total of five units (emphasis added). Any decision of the Planning Commission with respect to the layout of design within the parameters which the Council has approved is appealable to - 1 - ooo~ A-f-i([ hn1i t 1+ "A the City Counc~l. The square footage on the third floor shall be with~n 5% of that illustrated 1n the conceptual shading illustrat10n prov1ded by the Architect during the 4/9/91 City Council hearing." The applicant believes that the intent of the Council was to reduce the mass of the building through increased setbacks, and not reduce the number of units from six to five. However, a review of the attached City Council hearing minutes (Attachment A) and recorded tape of the meeting indicates that a total of five units was included in the motion. The applicant wishes to pursue a six unit project at this time and will address the Council on this issue at the September 10, 1991 Council meeting. Among the more salient issues discussed during the hearing were neighborhood compatibility, building mass and design, historic significance, environmental documentation, and parameters for Planning commission review. The intent of the condition in question was to ensure compatibility of building mass and design through additional setbacks, and to provide the Planning Commission with the opportunity to review the project as designed with1n the parameters of the envelope. The issue of environmental documentation was discussed, and it was determined that a Categorical Exemption was appropriate. ANALYSIS There was considerable discussion on the compatibility of the project with the existing neighborhood. The applicant recommended a revised design that established the aforementioned - :2 - 0005 se~=ack pa=a~ete~s and ~~e l~mitat:on 0: f~ve u~its. Therefore, ~~ a~pe~~s ~~a~ ~~e :~~~ta~:~;. to =:ve un:~s l~stead of SlX was a jes:g~ co~cept a~va;.ced dur:~g t~e hear~ng by the appllcant, and t:-.3<: ~:-_e C~:'::lc:.l CG;.dltlor.ed t~e project. conS.lstent with that con.:::ep~ " :l.ECCHMD1:)ATION It is ~espectfully reco~~ended that the City council approve t~e attached Statement of Official Action, which includes the five un~t restriction, and contains findings and conditions of approval for Conditional Use Permit 90-075 and Vesting Tentative Tract Map 50221. Prepared by: Bruce Ambo, Associate Planner Paul Berlant, Director of Land Use and Transportation Management Attachment: A. April 9, 1991 Planning Commission minutes B. Statement of Official Action dated 4/9/91. BA PC/ccstamo 8/16/91 - 3 - 0007 -\ttacnre'1t -\ CITY OF SANTA MONICA CITY COCNCIL MINUTES APRIL 9, 1991 A regular meet~ng of the Santa Monica City council was called to order by Mayor Abdo at 7:40 P.M., on Tuesday, April 9, 1991, in the Counc~l Chambers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser Councilmember Robert T. Holbrook councilmember Herbert Katz (arrived at 10:30 P.M.) Councilmember Kelly Olsen Councilmember Antonio Vazquez Counc~lmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert H. Myers City Clerk Clarice E. Johnsen Councilmember Olsen led the assemblage in the Pledge of Allegiance to the Flag of the United states of America. 4-A: CHILDCARE PROFESSIONALS: Mayor Abdo presented commendation to childcare professionals for their outstanding and valuable contributions. 4-B: TECHNOLOGY ACHIEVEMENT AWARD: Mayor Abdo received the 1990 Technoloqy Achievement Award for the Public Electronic Network program (PEN) from Public Technology Inc. 4-C: NATIONAL YOUTH SERVICE DAY: The proclamation designating April 23, 1991, as nNationa1 Youth Service Day, II will be presented April 16, 1991. 4-0: 1990 NATIONAL TRANSIT PERFORMANCE AWARD: Mayor Abdo presented the 1990 National Transit Perfonnance Award to Jack. Hutchins, Director of the Santa Monica Transportation Department. Councilmember Zane moved to add Item 14-A to the agenda. Second by Councilmember Olsen. The motion was unanim.ously approved, Councilmember Katz absent. Mayor Abdo moved to move last week.'s "14" items to the beginning of the list of "14" items for this week and evaluate which items will be heard this eveninq in the event that this eveninq IS meeting will not be finished. Second by Councilmember Zane. Discussion was held. The motion was unanimously approved, Councilmember Katz absent. At 7: 52 P.M., a City council/Housing Authority Special Joint Meeting was convened. 1 April 9, 1991 , a 0 0 ~< Housl~g Authorlty Roll call: Present: Chalr Pro Tempore Ken Genser Authorlty Member Robert T; Holbrook Authorlty Member Kelly Olsen Authority Member AntonlO Vazquez Authorlty Member Dennis Zane Chalr Judy Abdo Absent: Author~ty Member Herbert Katz Also Present: Executive Secretary John Jalili Authorlty Attorney Robert M. Myers Authority Clerk Clarice E. Johnsen HA-l: HOUSING AUTHORITY MINUTES: Presented tor approval were the Housing Authority Minutes of March 26, 1991. Chair Pro Tempore Genser moved to approve the minutes of March 26, 1991, as p.resented. Second by Authority Member Zane. The motion was unanimously approved, Authority Member Katz absent. HA-2: SECTION 8: Presented was a staff report recommending adoption of a resolution amending the Consolidated Annual ContriDutions Contract and authorizing the Executive Director to execute the CACC. Authori ty Members asked questions of staff. Member of the public Joy Fullmer expressed her concerns. Chair Pro Tempore Genser moved to adopt Resolution No. 44(HAS), entitled: "A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA MONICA APPROVING AMENDED EXHIBIT II TO PART I OF SECTION a HOUSING CERTIFICATE PROGRAM CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT NO. SF-520 (E) AND AUTHORIZING EXECUTION, n reading by title only and waiving further reading thereof. Second by Authority Member vazquez. The motion was approved by the following vote: Housing Authority Vote: Affirmative: Authority Hembers Genser, Holb;~9k, Olsen, Vazquez, Zane, Chair Abdo Absent: Authority Member Katz At 8: 00 F..H., the Special city Council/Housing Authority Joint Meeting was adjourned and the City Council Meeting was reconvened. 5-A: ABATEMENT OF NUISANCE/2438 OCEAN PARR BOULEVARD: Presented was a staff report recommending adoption ot a resolution confirming the report regarding abatement of a nuisance at 2438 Ocean Park Boulevard and authorizing a special assessment. At 8: 01 P.M., Mayor Abdo declared the public hearing open. There being no one wishing to speak, the public hearing was c1o~ed. Councilmember Zane moved to adopt the Resolution of Confirmat1on, authorize the filing of the Notice of Lien, and increase budgeted revenue. Second by Councilmember Vazquez. The motion was approved by the following vote: 2 April 9, 1991 aooC) Counc11 vote: Affirmat1ve: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Counc~lmember Katz By v~rtue of the above actlon, Resolut~on No. 8202(CCS) entitled: "A RESOLt:TION OF THE CITY COtJNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE NUISANCE ABATEMENT BOARD AND AUTHORIZING THE SPECIAL ASSESSMENT OF NUISANCE ABATEMENT COSTS CPON CERTAIN PROPERTY WITHIN THE CITY," reading by title only and waiving further reading thereof. 5-B: SIDEWALKS, DRIVEWAYS, AND ctJRBS: Presented was a staff report acknowledging protests and recommending adoption of a resolution confirming the report regarding repairs to damaged s1dewalks, driveways and curbs (SR-91-169/170). Council asked questions of staff. At 8:10 P.M., Mayor Abdo declared the public hearing open. There being no one wishing to speak, Mayor Abdo closed the public hearinq. Mayor Pro Tempore Genser moved to acknowledge the protests and adopt Resolution No. 8203(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIRS TO DAMAGED SIDEWALKS, DRIVEWAYS AND CURBS (SR-9l- 169/170, n reading by title only and waiving further reading thereof. Second by Councilmember Olsen. The motion was approve~ by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz 5-C: ABATEMENT OF WEEDS AND RUBBISH: Presented was a staff report regarding the intention to abate weeds and rubbish and to award an abatement contract to Gary's Lot Cleaning in the amount of $39,700. Council asked questions of staff. At 8:19 P.M., Mayor Abdo declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Mayor Abdo closed the public hearinq at 8: 20 P.M. Councilmember Zane moved to award the weed and rubbish abatement Contract No. 5663 (CCS) to Gary1s Lot Cleaning in the amount of $39,700. Second by Councilmember Olsen. The motion was approved by the fOllowing vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz 5-0: MRS. J. CURRAN: Mayor Pro Tempore Genser moved to receive and file the request of Mrs. J. Curran to address council regarding a failure to observe the law. Seoond by Councilmember Olsen. The motion was approved by the fOllowing vote: J nulO 3 April 9, 1991 CounCl: vo~e: Aff~~at:ve: Councllmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councllmember Katz Items 5-E through 5-0 were consldered later in the meeting. 6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby all 1 tems are consldered and approved ln one motion unless removed from the calendar for discussion. Councilmember Zane moved to approve the Consent Calendar, with the exceptlon of Items 6-E and 6-J, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmerober Vazquez. The motion was approved by the following vote: Council vote: Affirmatlve: Councilmembers Genser, Holbrook Olsen, Vazquez, Zane, Mayor Abdo Absent: councilmember Katz 6-A: MINUTES APPROVAL: The minutes of the City Council meetings of March 19, and March 26, 1991, were approved as presented. 6-B: PARCEL MAP 21506/2318 2ND STREET: Resolution No. 8204 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING AMENDING PARCEL MAP NO. 21506," was adopted thereby approving a 4-unit development at 231B 2nd street. 6-C: REMODELING OF BRILES AIRPORT HANGAR: Contract No. 5664(CCS) was awarded to Axis Construction, Inc. in the amount of $157,500 for the remodeling of the Briles Airport Hangar. 6-0: PURCHASE OF AMBULANCE: Bid No. 2351 was awarded to Leader Industries in the amount of $49,220 for the purchase ot an ambulance for the Fire Suppression Division, Fire Department. 6-F: EIR/CLOVERFIELD WIDENING PROJECT: contract No. 5665 (CCS) was approved authorizing the City Manager to negotiate and execute a contract with EIP Associates in the amount of $56,508 to prepare an EIR on the C10verfield Widening Project. 6-G: FINAL SUBDIVISION MAP/TRACT NO. 48924/TPC-101/90B-9l2 6TH STREET: Resolution No. 8205(CCS) entitled: "A RESOLUTION OF Th,t; CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48924," was adopted thereby approving a 20-unit Tenant-Participating Conversion at 908-912 6th Street. 6-H: FINAL SUBDIVISION HAP/TRACT NO. 48602/TPC-092/231l FOURTH STREET: Resolution No. 8206(CCS) entitled: "A RESOLuTLON OF TH,t; CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A FINAL SUBDIVISION MAP FOR TRACT NO. 48602," was adopted thereby 4 April 9, 1991 QOi1 approv~~g a 61-un~t Tenant-Part~c~pat1ng Convers1on at 2311 Four~h Street. 6-:: F:~AL SCBDIV:SION ~~P/7RACT ~O. 4aO~9/TPC-082/948-950 16TH STREET: Resolut1on No. 8207(CCS) ent1tled: "A RESOLt:TION OF THE CITY COCNCIL OF THE CI7Y OF SANTA MONICA ACCEPTING AND APPROVI~G A FINAL SC'BDIV:::S:ON MAP FOR TRACT NO. 48049," was adopted thereby approv1ng a 5-un1t Tenant-Part1cipating Convers1on at 948-950 16th Street. END OF CONSENT CALENDAR 6-E: OCEAN AVENUE OUTDOOR DINING GUIDELINES: The recommendation to approve the Ocean Avenue Outdoor Dining Guidelines and authorize the City Manager to negotiate and execute license and easement agreements with restaurant operators applying for outdoor dining on Ocean Avenue consistent with the qu1de11nes was continued at the request of staff. 6-3: TEXT AMENDMENT OF ZONING ORDINANCE/CONSTRUCTION RATE PROGRAM: Presented was a staff report recommending adoption of a resolution initiating a text amendment of the Zoning ordinance to establish a Citywide construction rate program. Members of the public Joy Fullmer and Ken Kutcher expressed their concerns. council asked questions of staff. Discussion was held. Mayor Pro Tempore Genser moved to adopt Resolution No. 8208(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA INITIATING A TEXT AMENDMENT OF THE ZONING ORDINANCE TO ESTABLISH A CITYWIDE CONSTRUCTION RATE PROGRAM, II as amended by the City Attorney with Clarifying language stating within 300 linear feet in the north and south direction of a project if the project is on a north/south street or with1n 300 linear feet in the west and east direction of a project if the project is on a west/east street, reading by title only and waivinq further reading thereof. Council asked questions of staff. Discussion was held. Second by Councilmember Zane. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Abdo Absent: Councilmember Katz 7-A: APPEAL/CUP 90-07S/TENTATlVE TRACT MAP 50221/CONDOMINIUMS; 1226 llTH STREET: Presented was the appeal of a Planninq Commission denial of CUP 90-075 and vesting Tentative Tract Map 50221 to allow the construction of a six-unit condominium at 1226 11th Street. Applicant/Appellant: Lance Lentz. At 8:45 P.M., Council adjourned for a short recess. At 8:50 P.M., Council reconvened with all members present exeept Councilmember Katz. The presentation resumed. Council asked questions of staff. Rosario Perry, representing the Applicant/Appellant, addressed Council in favor of the appeal. Applicant/Appellant Lance Lentz addressed Council in favor of the appeal. Steven Sorudrauer, representing the Applicant/Appellant, addressed council in favor of the appeal. council asked questions of the Applicant/ 5 April 9, 1991 , " ,. '") \J U 1 ;J Appellar.t and representatives. Counc~l asked questions of staff. Members of the publ~c, Syd Jurln, Jan Paley, Dave paley, Merrltt Coleman and Bruce Cameron spoke in oppositlon to the appeal and the proJect as presented. Members of the publlC J'aml.e Lennon, Er iea Dean, Royal Dean, John Frank, Chrlstopher Andrews, and Lorer.zo Aguayo spoke In favor of the appeal. At 9:55 P.M., Councl.l adjourned for a short recess. At 10:15 P.M., council reconvened wlth all members present except Councllmember Katz. Applicant/Appellant Rosario Perry presented the rebuttal. Discussion was held. Mayor Pro Tempore Genser moved to reject the categorical exemption and remand this item to staff for additl.onal analysis under CEQA. Second by Councilmember Olsen. Council asked questions of staff. Discussion was held. Councilmember Zane moved a substitute motion to approve the appeal and overturn the Planning Commission denial with the findings and conditions that were attached SUbject to the addi tional condition that the proj ect return to the Planning Commission for review of a new site plan which includes at least a minimum 40' third floor setback on the front half of the third floor and at least a minimum 30' setback on the back half with a third floor height limit of 40' and a total of five units. Second by councilmember Vazquez. Discussion was held. The motion was approved by the following vote: Councilmember Katz reported present at 10:30 P.M. Council vote: Affirmative: Councilmembers Holbrook, Zane, Mayor Abdo Vazquez, Negative: Councilmembers Genser, Olsen Abstain: Councilmember Katz Councilmember Katz requested that the record reflect that he abstained from voting on this item due to the fact that he did not hear the public hearing and it would not be proper for him to vote. council asked questions of staff. councilmember Zane moved to reconsider his preceding motion. Second by Councilmember Vazquez. The motion was approved by the following vote: council vote: Affirmative: councilmembers Genser, Vazquez, Zane, Mayor Abdo Olsen, Negative: councilmember Holbrook Abstain: Councilmember Katz Councilmember Zane moved to approve the appeal and overturn the Planning Commission denial with the findings and conditions that were attached subject to the additional condition that the project return to the Planning Commission for review of a new 0013 6 April 9, 1991 S:lte plan T.,/hl.ch l.ncludes at least a m~n~mum 40 t thj,rd floor setback on the front hal f of the thj,rd floor and at least a ~~n:lmum 3D' setback on the back half wlth a th1rd floor he1ght llm.l.t of 40' and a total of five unlts and also l.ncludl.ng an add:lt1onal condltlon that any declsion of the Planning CommlSSlon wlth respect to the layout on deslgn wlthin the parameters which the Counc:ll has approved by this motion, :lS appealable to the Councll. Second by Councilmember Vazquez. Discussion was held. Councll~e~~er Zane moved to amend his motl.on to include a cor.dit1on that the square footage on the third floor be within 5% of that as illustrated in the shadlnq in the lllustration prov1ded by the architect. The amendment was accepted as friendly. Discussion was held. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Holbrook, Zane, Mayor Abdo Vazquez, Negative: councilmembers Genser, Olsen Abstain: councilmember Katz Councilmember Zane moved to hear, in the following Nos. a-A, 8-C, 13-A, 5-K, 5-N, and 5-0, and extend until 12:00 Midnight. Second by Councilmember Katz. was unanimously approved. order, Item the meeting The motion a-A: MORATORIUM/11TH STREET: Presented was an emergency ordinance for introduction and adoption declaring a moratorium and limiting development on 11th Street between Wilshire Boulevard and Arizona Avenue and on 1107 through 1115 Arizona Avenue inclusive. At 11:10 P.M., Mayor Abdo declared the public hearing open. Member of the public Mofid Bissada spoke in opposition to the proposed ordinance. Member of the public Joy Fullmer expressed her concerns. Members of the public syd Jurin, Dave Paley, and Merritt Coleman spoke in favor of the proposed ordinance. councilmember Katz moved to introduce and adopt Ordinance No. 1579 (CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING A MORATORIUM AND LIMITING DEVELOPMENT ON 11TH STREET BETWEEN WILSHIRE BOULEVARD AND ARIZONA AVENUE AND ON 1107 THROUGH 1115 ARIZONA AVENUE INCLUSIVE AND DECLARING THE PRESENCE OF AN EMERGENCY," reading by title only and waiving further reading thereof. Second by councilmem})er Zane. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Genser, Holbrook, Katz, Olsen, Vazquez, Zane, Mayor Abdo s-c: WATER CONSERVATION: Presented was an emergency ordinance for introduction and adoption amending the mandatory wa~er conservation measures for the city of Santa Monica. Council asked questions of staff. At 11:40 P.M., Mayor Abdo declared the public hearing open. Member of the public Joy Fullmer expressed her concerns. Members of the public Tom Healy, John Jurenka, and 7 April 9, 1991 , 0011 3er~ard Z:~~erlr.; spoke ~n oppos~tion to the proposed ord~nance. Mayor Abdo closed the public hearing at 11:55 P.M. Counc~lmember Katz ~oved to approve the staff recommendat~on wlth the condltlon that covered spas and hot tubs of a capaclty of up to 500 gallons be pertH tted. Second by Counc~lmember Olsen. D1Scussion was held. The motlon was approved by the followlnq vote: Councll vote: Aff~rmative: Councllmembers Genser, Katz, Olsen, Vazquez, Abdo Holbrook, Zane, Mayor By virtue of the above action, Ordinance No. 1580(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 2A OF ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE RELATING TO WATER CONSERVATION MEASURES AND DECLARING THE PRESENCE OF AN EMERGENCY" was passed, approved, and adopted, reading by title only and waivlng fUrther reading thereof. 'Councllmember Zane moved Second by Councilmember approved. to extend the meeting to 12: 15 A.M. Olsen. The motion was unanimously IJ-A: ANIMAL SACRIFICES: Presented was the request of Patty Shenker, Doug Stoll and Linda Buckell to address Council regarding anlmal sacrifices. Mayor Pro Tempore Genser moved to waive the rules and allow a substitute speaker. Second by councilmemher Zane. The motion was unanimously approved. Terri Macellaro addressed Council. Councilmember Zane moved to refer this matter to the City Attorney to review and return with recommendations within three months or sooner. Second by Councilmember Olsen. Discussion followed. Councilmember Zane withdrew his motion. councilmember Olsen moved to refer this matter to the city Attorney for review and return with recommendations within three months or sooner. Second by Councilmember Katz. Motion was approved, Mayor Abdo opposed. 5-K: LEADERSHIP STRATEGIES FOR HOUSING AND COMMUNITY ECONOMIC DEVELOPMENT CONFERENCE: Presented was the request of Councilmember Vazquez to address Council regarding attendance at the Leadership Strategies for Housinq and c011llJl.uni ty Economic Development Conference in San Antonio, Texas. Mayor Pro Tempore Genser moved to approve attendance of any Councilmember. Second by Councilmember Katz. The motion was unanimously approved. 5-N: BUILDING HEIGHT: Presented was the request of Mayor Pro Tempore Genser to discuss directinq the City Attorney to prepare an ordinance (or emergency ordinance) to lower the permitted building heights on Pacific coast Highway/Palisades Beach Road north of the Santa Monica Pier. Mayor Pro Tempore Genzer moved to direct the City Attorney to prepare an emergency ordinance. Second by Counc~lmemDer Katz. The motion was unanimously approved. 5-0: LETTER OF RESIGNATION/CAROL E. HETRICK: Council accepted with regrets the letter of resignation of Carol E. Hetrick from the Personnel Board and authorized the City Clerk to advertise a 8 April 9, 1991 r, Ur- l' - : J ., V -/ not~ce of vaca:;cy. Cour:.c:l.l:nember lane moved to author l.ze the Cl":.Y Clerk t.o publ::..sh a notlCe. of vacancy. Second by Councl.1mernber Katz. T~e mot~on ~as unan~mously approved. 5-~' LETTER OF RES:GNATION/VITO CE~~A: Acceptance of the letter of reslgnat.:on of V~to Cetta and the appo~ntment of members to the Bays~de Distrlct corporation was cont~nued to the meeting of Apr~l 16, 1991. 5-F: SOCIAL SERVICES COMMISSION: The appointment of a member to the Soc~al Serv~ces Commission - was continued to the meeting of April 16, 1991. 5-G: ARTS COMM'ISSION: The appointment of members to the Arts Commission was continued to the meeting of April 16, 1991. 5-H: WESTSIDE URBAN FORUM: The request of Mayor Abdo to discuss -approval of City membership in the Westside Urban Forum was continued to the meeting of April 16, 1991. 5-I: LETTER OF RESIGNATION/IRVING H. LASKEY: Presented was the matter of the acceptance of the letter of resignation from Irving H. Laskey from the Commission on Older Americans and author~zation to the City Clerk to publish a Notice of Vacancy. Counc~lmember Holbrook moved to accept the resignation with regret and authorized the City Clerk to publish a Notice of Vacancy. Second by Councilmember Katz. The motion was unanimously approved. 5 -J: SANTA MONICA HIGH SCHOOL GRAD NITE: Presented was the request of Mayor Abdo to discuss a contribution to the Santa Monica High School Grad Nite event. Mayor Abdo moved to authorize a contribution of $10,000.00 if matched by event committee. Second by Councilmember Katz. The motion was unanimously approved. 5-L: CALIFORNIA ENERGY COMMISSION: Presented was the request of Mayor Abdo to discuss waiving the fee for the use of the Council Chambers by the California Energy Commission on April J, 1991. ~ayor Pro Tempore Genser moved to approve waiving the fee for the use of the Council Chambers. Second by Councilmember Katz. The motion was unanimously approved. 5-M: APPOINTMENTS TO CITY BOARDS AND COMMISSIONS: Presented was the request of the city Clerk for authorization to advertise for annual appointments for various City Boards and Commissions. Councilmember Zane moved to approve the request of the city Clerk. Second by Couneilmember Katz. The motion was unanimously approved. 8-B: MORATORIUM/BASEMENTS AND UNDERGROUND GARAGES: The ordinance for introduction and first reading extending the moratorium on construction of pasements and underground garages beneath required yards in the R1 Zone was continued to the meeting of April 16, 1991. 9 April 9, 1991 ero i l) 9-A: ~~~ CSE ~SJ I~?:EME~7AT:CN PUL~ OF ~OCAL COASTAL PROGRAM: The recomrnenaatlon to adop~ a resolutlon approvlng Land Use and Implementatlon Plan of :oca: Coastal Program was continued to the meetlng of Aprll 16. 1991. 9-B: =rEACH ?ARKZ~G LOT :EES: The recommendatlon to adopt a resol~tlon to lncrease the maXlmum daily beach park~ng lot fees was wlthdrawn at the request of staff. 9-C: CLOSED SESSION: Not held. 14-A: JOINT MEETING/BAYSIDE DISTRICT CORPORATION/PLANNING COMMISSION/CITY COCNCIL: The request of councilmember Zane and Councllmember Katz to discuss scheduling a joint meeting of the BaYSlde Dlstrict Corpora~lon, Planning Commission, and City Council about issues on the Third street Promenade was continued to the meeting of April 16, 1991. ADJOURNMENT: At 12:15 A.M., the meeting was adjourned. ATTEST: APPROVED: Clarice E. Johnsen City Clerk Judy Abdo Mayor ~~ltj C'e~ of the , rtlfy that the above IS a: ~ t cf ~;'l,.,t1 1 Ica do hereby ce ~ ~ "_ 'rue and correct ccpy ol'~ /) - ~ t:::j. -!..!l ~ )~ ~~_..-t~ ~ ~ -t.. 142/ "gnod ,nd ,.,Ied {?iJ "P-Jt. ' r - elt erk I ~ 10 April 9, 1991 SOli STATEMENT OF OFFICIAL ACTION ?RO';=:C-: ~;C~!3E?: CC:1d:. t~onal :Jse Perm~ t 90-075 Vest~ng Tentative Tract Map 50221 ~OCA::ON: 1226 lIth Street APPLICANT: Lance Lentz CASE PLANNER: David Martin, Assoc~ate Planner REQGEST: App1icat:.on for a Conditional Use Permit and Vesting Tentative Tract Map to allow the Con- struct:.on of a Six Unit Condominium at 1226 11th Street. CITY COCNCIL ACTION 04(09(91 Date. _ xx Approved based on the following findings and subject to the conditions below. Denied. other. EFFECTIVE DATES OF ACTIONS: 04/24/91 04/20/91 case #CUP 90-075 Case #VTTM 50221 EXPIRATION DATES OF ANY PERMITS GRANTED: 04(24(93 Case #CUP 90-075 (2 Years) 04(20(93 Case jVTTM 50221 (2 Years) LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: 07/24(93 Case #CUP 90-075 (3 Months with written request) 04/20(96 Case #VTTM 50221 (3 Years with written request) TENTATIVE PARCEL MAP FINDINGS 1. The proposed SUbdivision, together with its provision for :.ts design and improvements, is consistent with applicable general and specific plans as adopted by the city of Santa - 1 - "- r . - u U 1.3 Xc~~ca, ~n ~hat t:.e project conforms to the proViSlc~S 0: the R3 :lst~~ct s~arda~ds of the Zonlng Ordlnar.ce and the ~edl~~-~ens~~y ReSldent:al sectlon of the Land Cse Ele~ent 0: ~~e General Plan. 2. ~~e slte lS physlcal:y sUltable for the proposed type of development, In that lt :s a standard lot wlth no unusual c::aracterlstlcs. 3. The s~te :5 physlcally sUltable for the proposed denslty of development, In that a 7,500 square foot parcel in the R3 Dlstrlct 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 lnjure fish or wildlife or their habitatl in that the proposed development is an in-fill of urban land which does not currently support fish or sig- niflcant wildllfe. 5. The design of the subdivision or the type of improvement wlll 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 confllct with easements I 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 RJ 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 p:-oposed use would be compatible with existinq and permissible land uses within the district and the general area in which the proposed use is to be located, in that - 2 - 0019 the area ~s a m~x of s~ngle-family and mUlti-family ~es~dent~al cu~:dir.gs. 6. The~e are ade~ate prcv~s:ons for water, san~tat1on, and p~b11c ut~lit~es and serVlces to er.sure that the proposed ~se would not be det~~mental to publ~c health and safety, ~n that the proposed development 1S an in-fill of urban :a~d adequately served by ex~sting 1nfrastructure. 7. PUblic access to the proposed use will be adequate, .ln that ~he S.lte is adequately served by existing streets. 8. The physical location or placement of the use on the site is compat~ble w~th and relates harmoniously to the sur- rounding neighborhood, in that all setbacks, lot coverage and height requirements for the R3 District have been met. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the area is de- fined as a 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 Ord~nance 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 10/0S/90, a copy of which shall be maintained in the files of the City Plan- ning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan pOlicies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. - 3 - no.~o ~. ~:~c~ a~e~d~e~~s to the plans shall be sUbject to approval by the ~:=ec~or of Plann~ng. A s~gr.~f~cant change ~n the approved cor-cept shall be sub:ec~ to Planning Co~~iss~cn Rev l-e'",. Cons-;:::-uct:.cn sha:'l be 1n conformance with the p:ans submltted or as ~od:.f~ed by the Plann~ng Commiss:.on, Archl.tectural ReVlew Board or D1rector of Planning. Arch~tectural Review Board 5. Pr:.or to considerat~on of the proJect by the Architectural Revl.ew Board, the appl~cant shall review disabled access requ1rements w~th the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Arch1tec- tural Review Board, in its review, shall pay particular attention to the aesthetic, landscap1ng, and setback im- pacts of any ramps or other features necess~tated by ac- cess1bility requlrements. 6. The existing mature palm tree, located in the northeast corner of the parcel shall be e1 ther preserved in its present location relocated on the property. 7. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 8. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities: scale and articulation 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 ne~ghborhood. 9. Construction period signage shall be subject to the approval of the Architectural Review Board. 10. Landscaping plans shall comply with subchapter 58 (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 11. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9040.13-9040.15. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. - 4 - aOll :2. ~o gas or electr1c ~eters shall be located wlth~n the re- ~~lre1 :r~~~ ~r s~reet s:de yard setback areas. The Ar- =~ltec~~ra: Rev:ew 30ard ~~ :ts reVlew shall pay partlc~- _ar a~~entic~ to ~~e locat1on ar.d screen1r.g of S~=~ -e-.:ers. ?ees 13. The City 1S contemplating the adoptlon of a Transportation ~ar.ageme~t Plan which 1S intended ~o mitigate traff1C and alr ~~allty impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mJ.tigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the City. ThlS ordinance may require that the owner of the proposed proj ect pay such r'.ew development fees, and that employers wlth1n the project pay such new annual em- ployer fees related to the City'S Transportation Manage- ment Plan. 14. A Park and Recreation Fac1litles Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the resident1al unit(s) 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 be maintained and secured by boarding up all openlngs, 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 Parks De- partment and the Planning Division, at the time of demol1- 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 securlty 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 - 5 - !'j .~, ) -~ v U j,J .~ actlvltles a~ the slte do net create pest control lmpac~s C~ ~~e p~G:ec~ ~elg~bc~hccd. '::or S -:':::-".lct ~o~ :9. l.~:!..e5s ot~er...J~se appr-cved by the Department of General Servl=es, a:: s~dewalks sha~l be kept clear and passable durl~g ~~e g=adi~g and constructlon phase of the project. 20. Sldewalks, c~rbs, gutters, paving and driveways which need replaclng or removal as a result of the project as deter- ~lned by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Servlces. Approval for this work shall be ob- ':.ained from the Department of General Services prl.or to lssuance of the buildlng permits. 21. Vehicles haul ing dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimlze dust emissions. 22. Street trees shall be maintained, relocated or provided as required l.n a manner conslstent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 23. A construction period mitigation plan shall be prepared by the appl icant for approval by the Department of General Services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors and subcontractors as well as the developer and archltect; 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) Descrlbe how much of the public street, alleyway, or side- walk is proposed to be used in conjunction with construc- tion; 5) Set forth the extent and nature of any pile- driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewater- lng and its effect on any adjacent buildings; 8) Describe anticipated contruction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normal- ly permitted hours is proposed; 11) Describe any proposed construction noise mitigat~on 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. - 6 - 00~3 2~. A sig~ sha:~ =e pos~ed en tr.e property 1n a ~anr.er conS1S- te~t W~~~ t~e ~~bl:c ~earlng slg~ requlremer~s which sr.al: lden~~~y t~e address a~d p~one nU~~er of t~e owner and/or appllcant for t~e purpcses of respor.dlng to questions and ccmpla:nts d~r:ng the constructlon period. Sald slgn s~all also lnClcate the ~ours of permisslble construction ":/-lork. 2 5 . A copy of t~ese conditions shall be posted in an easily vlslble and accesslble location at all times during con- struct:on at t~e project site. The pages shall be laml- nated or otherNise protected to ensure durability of the copy. Er.viron~ental Mitigation 26. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon tOllets and 1.0 gallon urinals and low flow shower head.) 27. Prlor to issuance of a Certificate of Occupancy, project owner shall present documentation to the General Services Department certifying that existing Santa Monica occupan- cies wlth toilets installed prior to 1978 have been retro- fitted wlth 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 guidelines developed by the General Services Department. Projects subjeet to this condition shall not be eligible for the "Baysaver" rebate program. Miscellaneous CUP Conditions 28. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 29. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be - 7 - f' ~ , I v U.: i :"lade by ~:he Dlrec:tor of Plar.:n:.ng to determ~ne the s ~g- n~=~cance cf t~e s~~vey f~~d~ngs a~d appropr~a~e act~ons ar.d re~~:'~e~ents, ~: any, to address such f~nd~ngs. 38. St~eet and/or alley l:.ght:.ng shall be provided on publ~c rights of way adJacent to the proJect if and as needed per ~~e spec~f~cat:.ons and with the approval of the Department of General Services. 31. Any lofts or :nezzanines shall not exceed 99 square !eet unless appropriate requ~red parking is supplied. Such areas shall also not exceed 33.3% of the room below unless compliance w~th the district's limits on number of stories can be maintained. 32. No fence or wall within the required front yard setback, inclusive of any subterranean garage slab and fencing or rail~ng on top thereof, shall exceed a height of 4211 above actual grade of the property. Val:.d~ty of Permits 33. The Conditional Use Permit shall be of no further force or effect lf the Tentative Map expires prior to approval of a Final Map for sald tract. 34. In the event permittee violates or fails to comply with any conditions of approval of this permit, no fnrther 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 Division transmittal of the statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Act~on 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 Zonlng Administrator. The term of approval of this permit shall expire two years from the permit's effective date, unless a building permit has been issued for the project prior to the expiration date. No time extension shall be granted beyond this two year period. - 8 - a 0 !.. .) :~C:uslor.ary Cn~t Cordl~io~ 37. The developer sr:.a:: covenant and agree with the City of Santa MO~lca to the speclflC terms, condltlons and restrlctlo~S upon the possesslcn, use and enJoyment of the s~b]ect property, wh:ch terms, condltlons and restrlctions shall be recorded with the Los Angeles County Recorder's Off .lee as a part of the deed of the property to ensure t!1at two affordable units are provlded and maintained over 't.lme and through subsequent sales of the property. An .lnclusionary requlrement of 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 (HUD) Los Angeles County median income, with the balance of the incluslonary units affordable to households with incomes not exceeding 100% of the (HUD) Los Angeles County median lncome, expending not over 30% of monthly income on housing costs, as specified by the Housing Divi- sion 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 tenan't.s 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 (CCS), which provides implementation standards for this program. Speclal Condition 38. The project shall return to the planning Commission for review of project plans which shall include a third floor setback a minimum of 40' from the front property line and 30' from the center line of the rear alley, and a total of five units. Any decision of the Planning Commission with respect to the layout of design within the parameters which the Council has approved is appealable to the City Council. The square footage on the third floor shall be within 5% of that illustrated in the conceptual shading illustration prov~ded by the Architect during the 4/4/91 City Council hear.lng. f' - , vJ~f) - 9 - TE~;:';'.:':':=: :'RAC:' t-'.AP CO~DI'::O~lS 2 . 3 . 4. 5. 6. 7. 8. 9. A:': 0== Slt.e :.~pr-ove:"te:1ts req...,nred by the Clty Englneer s~all be lr.s~alled. Plans and speciflcatlons for off s~te :~proverne,~s sr.all be prepared by a reglstered CiVll en- glr.eer a~d approved by ~he Clty Englneer. A subd:vls~cn lmprovement agreement for all off slte l~- prove~en~s requlred by the Clty Englneer shall be prepared and a performance bond posted through the City Attorney's offlce. The tentative map shall expire 24 months after approval, except as provlded in the provlslons of California Govern- ment Code Sectlon 66452.6 and Sectlons 9380-9382 of the Santa Monlca Munlcipal Code. During this tlme 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 tlme as the final map is approved by the Santa Monica Clty Council. In submittlng required materials to the Santa Monica En- gineering Divlsion for a final map, applicant shall pro- vide a copy of the approved Statement of Official Action. Prior t- approval of the final map, Condominium Associa- tion By-~aws (if applicable) and a Declaration of CC & R's -shall be reviewed and approved by the City Attorney. The CC & R' s shall contain a non-discrimination clause as presented in section 9392 (SMMC) and in the case of con- dominiums, contaln such provisions as are required by Sec- tlon 9122E (SMMC). The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provi- sions of Section 6651 et seg. of the Santa Monica Municipal Code. The form, contents, accompanying data, and filing of the final SUbdivision map shall conform to the provisions of Sections 9330 through 9338 (SMMC) and the Subdivision Map Act. The required Final Map filing fee shall be paid prior to scheduling of the Final Map for City Council approval. 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. One mylar and one blue-line copy of the final map shall be provided to and recorded wlth the Los Angeles County Re- corder prior to issuance of any building permit for a con- dominium project pursuant to Government Code Sectlon 66499.30. Applicant shall also provide the County with a - 10 - OUt, ~spy 0: ~~:s S~~~eMer~ 0: Offic:al Act~on at the tl~e t~e =e~~~~ed cop~es c: ~~e ~ap a~e sub~:tted. lC. A copy 0: ~~e ~ecorded ~ap sha:: be prov~ded to the ?la~- :u:-.g a~d Zon:.r.g J: V1S ~O:1. before ~ssU.ance of a Build1l":.g permlt. Purs~ant to section 9366 (S}rnC), if the subdivider or any lnterested person disagrees with any actlon by the ?:annl:1.g Cor~isslon wlth respect to the tentative map, an appeal or corpla:nt may be filed in writing with the City Clerk. No appeal or complaint may be filed after a ten day period from the Commission's decision on the tentative map. VOTE Ayes: Nays: Abstaln: Absent: Abdo, Holbrook, Vazquez, Zane Genser, Olsen Katz NOTICE If this is a final decision not SUbject to further appeal under the Ci.ty of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the tlme within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Munlcipal Code section 1400. I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the city council of the city of Santa Monica. signature date Judy Abdo, Mayor Please Print Name and Title - 11 - ,.., ~ ).~ U l1.... .:' I hereby agree to the acknowledge that failure const~tute grounds for approval. above conditions of approval and to comply with such conditions shall potential revocat~on of the permit PC/CCS!'9075 DM Appllcan~ts Slgr.at~re Pr:nt Name and !'ltle - 12 - DO~9 ro I-- Z w ::E I U <C I-- I-- <C