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SR-12-A (23) . I!oz--ooc; /21/ MAY 8 1990 Santa Monica, California Li(;;;' - ,~ -- L/ . C/ED:PB:DKW:WW:ww PC/cccup91 Council Mtg: May 8, 1990 TO: Mayor and City Council FROM: City staff SUBJECT: Appeal of Planning Commission Approval of Conditional Use Permit 89-091 to Permit the Development of a Ten Unit, Three story, 18,258 sq.ft., Condominium Subdi- vision on a 12,600 sq. ft. Parcel Located in the R3 (Medium Density Multiple Family) District. Applicant: Westmore Properties. Appellants: Robert Hennessy and Dr. Daniel Galamba. INTRODUCTION This report recommends that the City Council deny the appeals and uphold the Planning Commission approval of Conditional Use Permit 89-091 to permit a ten unit condominium developed on two contiguous parcels located at 1404 ClovE~rfield and at 2311 Schader Drive. On March 21, 1990, the Planning commission approved CUP 89-091 and VTTM 47981 to permit the condominium project. (See Exhibit A) . On April 3, 1990, Robert Hennessy appealed the Planning commission action. (See Exhibit B). On April 4, 1990, Dr. Daniel Galamba also appealed the Planning Commission action. (See Exhibit C). The ten day appeal period for the Tentative Tract Map expired on March 31, 1990 and therefore no further appeal action may be taken on the Parcel Map. The appeal pertains only to the approval of the Conditional Use Permit. - 1 - /2~ MAY 0 i94L . . BACKGROUND On February 7, 1990 the Planning commission reviewed plans to develop a ten unit condominium with a 23 space subterranean parking garage. site plans showed upper and lower units developed around an interior first floor courtyard. The project provided the code required 20 foot front yard, 10 14" side yard and 15 foot rear yard setbacks. An interior elevator and staircase located on the rear of the site connect the subterranean parking level with upper floors. Two four foot unexcavated side yard areas were provided along both sides of the building. Elevation plans showed a three story, 40 foot building height that stepped down to 33 feet adjacent to the side property lines. A total of 23 code parking spaces were shown in the subterranean parking garage with access taken off of Schader Drive. The location and dimensions of parking spaces and parking garage driveway ramp were reviewed and approved by the city parking and Traffic Engineering Division. During the Planning Commission hearing, several persons who reside west of the site (along Twenty-Thi:r:d street), expressed concerns regarding the height and mass of the structure along the entire west elevation. The Commission voted 5-0 to continue the public review of the project with direction given to the applicant to revise the proj ect plans to show greater stepping down along the west elevation to provide a "more sensitive project design and transition for properties to the west." - 2 - . . On March 21, 1990, the Planning Commission reviewed revised plans that showed a maximum 31 foot rather than a 33 foot building height adj acent to the west properties. The height steps down to 24 feet along the remaining 2/3 of the west elevation. Floor plans show the elimination of one bedroom in units 8 and 10, and the creation of exterior decks in place of the eliminated unit 8 and 10 floor area. The floor area was reduced from 18,765 sq. ft. to 18,258 sq. ft. The location of parking spaces and the driveway ramp were not modified. The Planning Commission determined the revised plans met code requirements and were responsive to the commissions previous concerns. On April 3, 1990, Robert Hennessy appealed the Planning commission approval of Conditional Use Permit 89-091 based upon the following stated reason: [The] Driveway is directly behind single family units. Initial plans show[ed] approval by Pdrking and Traffic of a driveway off [of] Cloverfield. On April 4, 1990, Dr. Daniel Galamba filed a second appeal of Conditional Use Permit 89-091 based upon the following stated reasons: 1. This proposed project does not comply with our community plan and is not compatible with the neighborhood and with the four single family dwellings west of the project on 23rd Street. 2. The Planning Commission acted upon erroneous information. The Planning Commission was told by the developer's architect that the traffic department had stated that the only place the project1s driveway could be placed was on Schader Drive directly behind the homes on 23rd street. Our later investigation disclosed that a driveway off of Cloverfield was approved for this project. Therefore the Planning - 3 - . . Commission made their decision based upon faulty information given to them by the developer. 3. This project will destroy rent controlled rental stock by using the Ellis Act to circumvent our Santa Monica laws. 4. This project will destroy the house on Schader Drive which may qualify as an architectural landmark. 5. The Planning commission never intended the block to be redeveloped unless the four houses on 23rd street were part of the development. At the time the block was recently rezoned the Planning Comlnission was told that the four houses on 23rd Street would not be sold off individually and any development of the block would include the four houses. As Planning Commission Chairperson Donald Nelson described it, what the Planning Commission was told would not happen did happen. Therefore it is against the Planning Commission's original plan for the block to be redeveloped unless the four houses on 23rd street are part of the development. ANALYSIS The concerns expressed by the appellants in the April 3rd and April 4th, 1990 appeal letters were previously dealt with by City staff and the Planning commission. within the context of the ci ty' s development standards, the revised proj ect should appear compatible with surrounding land uses and will contain a scale and mass similar to other two and three story structures located in the surrounding neighborhood. The April 3, 1990 appeal letter filed by Robert Hennessy states that the Conditional Use Permit should be denied based upon a previous approval that showed the driveway aisle located along Cloverfield Avenue. Planning staff and Parking and Traffic Engineering staff have previously discussed this issue with the appellant. Parking access and location plans submitted to the Parking and Traffic Engineering Division and reviewed by the - 4 - . . Planning Commission on February 7, 1990 and March 21, 1990 show parking access along Schader Drive. Plans showing access along c1overfie1d (designated as a major arterial) were never approved by the Parking and Traffic Engineering Divil31on, or the Planning commission. circulation Element Policy section 4.3.7 provides that new driveways and mid-block vehicle access points shall be limited, especially along major roads. In the present case, parking access provided along Cloverfield could result in adverse pedestrian and vehicle impacts. The location of the driveway aisle along Schader Drive should minimize the potential for parking and circulation impacts and will not result in significant air, noise or visual impacts for the adjacent properties. The April 4, 1990 appeal letter filed by Daniel Galamba states that the proposed project does not comply with the community plan and is not compatible with the neighborhood and with the four single family dwelling units located west of the site. A "community plan" that pertains to the development site and the appellant's property has not been developed or approved by the City of Santa Monica. The site is located in the sphere of the Hospital Area specific Plan and is subject to the R3 (Residential Medium Density Multiple Family) District standards. A three storY/40 foot height limit and density ratio of one unit per each 1250 square feet of land are permitted on the site. - 5 - . . It should be noted that the single family residences located to the west could also be developed with similar condominium units. A three storyj40 foot high condominium building could be developed on parcels consolidated in a manner similar to the proposed project. A second issue cited in the April 4, 1990 appeal letter discusses the location of the driveway on Schader Drive versus a location along Cloverfield. As indicated above, plans reviewed by City staff and the Planning Commission did not show vehicle access taken from Cloverfield. Circulation Element Policy section 4.3.7 should be adhered to. The appellant also contends that the removal of a single family rental unit from Rent Control under the Ellis Act should be viewed as circumventing of the City1s Rent Control Law. Government Code Section 7060 et. seq., provides for the removal of residential units from the rental mark.~t. The city I s Rent Control Regulations can be preempted by the Ellis Act, and once this law is applied, there is no mechanism by which the City may enforce the continued rental of the units under Rent Control. The Planning Commission and city Council (on appeal) have approved condominium projects that involved the removal of rental units under the Ellis Act. The appellant states that the demolition of the 231.J. Schader Drive residence will eliminate the possibility of designating the residence as an architectural landmark. The Landmarks Commission reviewed the proposed demolition plan of the Craftsman style - 6 - . . residence during the February 8, 1990 hearing and did not vote to consider designating the building an architectural landmark. No further Landmarks Commission review is required. The final issue discussed in the appeal letter states that the Planning Commission intended the entire residential block bounded by Twenty-Third to the west, Schader Drive to the south and Cloverfield to the east to be redeveloped Bimultaneously as one project. There is no record or information on file with the City that would indicate that this was the intent of the commission or the city Council. The Hospital Area Specific Plan, General Plan and Zoning Code do not contain special objectives, policies or development standards that are intended to apply to this block exclusively. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the Council deny the appeals and uphold the Planning Commission approval of Conditional Use Permit 89-091, subject to the findings and conditions contained in the March 21, 1990 Statement of Official Action. Prepared by: Paul Berlant, Director of Planning D. Kenyon Webster, principal Planner Wanda Williams, Associate Planner Planning Division Community and Economic Development Department - 7 - . . ATTACHMENTS: Exhibit A- March 21, 1990 Planning Commission staff Report and statement of Official Action Exhibit B- April 3, 1990 Appeal Letter Exhibit C- April 4, 1990 Appeal Letter WW:ww PC/cccup9l 05/01/90 - 8 - . . " r:;~~ lie rt Departm.n~ II All ___ CITY PLANNING DIVISION Community and Economic Development MBMORANDUM DATE: March 21, 1990 TO: The Honorable Planning Commission FROM: Planning staff SUBJECT: VTTM 47981, CUP 89-091 Address: 1404 Cloverfield, 2311 Schader Drive Applicant:Westmore Properties BACKGROUND On February 7, 1990, the Planning Commission voted to continue the public review of VTTM 47981 and CUP 89-091 to permit the development of a ten unit, three story, 18,765 sq.ft., condomini- um Subdivision on a 12,600 square foot parcel located in the R3 (Medium Density Multiple Family) District. The Commission di- rected the project applicant to revise the project plans to show a reduced wall height on the west building elevation in order to provide a more sensitive project design and transition between the proposed project and adjacent one story single family residences. Following the Commission hearing, the applicant revised the pro- posal to show a maximum 31 toot wall height adjacent to the west property line. The 31 foot wall height, shown adjacent to a loft located on the northwest building corner, steps down to a 24 foot height along the remaining 2/3 of the west elevation. Floor plans show the elimination of one bedroom in Units 8 and 10, and the replacement of the eliminated floor area with exterior unit decks. The elimination of the bedrooms reduces the project floor area from 18,765 sq. ft. to 18,258 sq.ft. The size, location and layout of the remainin9 eight units and 23 code parking spaces was not revised. Conclusion: The reduced height shown on the west elevation, reduced project floor area, creation of decks adjacent to the west property line and provision of landscaping along the perimeter of the roof decks wi~l provide a more neighborhood friendly building design and adequate transition between the site and adjacent single fam- ily uses. - 1 - ~~ . . RECOMMENDATION It is recommended that the Planning Commission approve VTTM 47981 and CUP &9-091 as revised (plans dated 3/B/90) and subject to the findings and condi tions presented in the attached February 7 1 1990 statf report. Prepared by: Wanda Williams, Associate Planner ATTACHMENT: February 7, 1990 Project Statf Report PC/vcup8991 WW:ww 03/07/90 - 2 - . . CITY PLANNING DIVISION Community and Economic Development D.partm.D~ K E M 0 RAN DOH DATE: February 7, 1990 TO: The Honorable Planning Commission FROM: Planning staff SUBJECT: CUP 89-091, VTTM 47981 Address: 1404 Cloverfield, 2311 Schader Drive Applicant:Westmore Properties SUMMARY Action: Vesting Tentative Tract Map 47981, Conditional Use Per- mit 89-091 to permit a ten unit, three story 18,765 sq.ft., con- dominium subdivision on a 12,600 square foot parcel located in the R3 (Residential Medium Density Multiple Family) District. Recommendation: Approval subject to conditions. Permit Streamlininq Deadline: June 7, 1990. / SITE LOCATION AND DESCRIPTION The subject property consists of two contiguous rectangular shaped parcels that contain a combined parcel area of 12,600 square feet, located on the northwest corner of Cloverfield Boulevard and Schader Drive in the R3 (Medium Density Multiple Family Residential) District. Each of the two parcels conta!n a one story single family residence, that will be demolished to permit project development. The surrounding land uses and zoninq consist of a commercial stationary store and parking lot (C4) to the north, a three story 50 unit apartment building (R3) located to the south, two story apartments located across the street along Cloverfield (R2) to the east and a one story single family residence (R3) located to the west. Schader Drive contains a one-way traffic pattern adjacent to the site. There is no rear abuttinq alley for purposes of providinq rear alley access. Zoning D~stricts: R3 (Medium Density Multiple Family Residen- tial) District Land Use Districts: Medium Density Multiple Family Residential Parcel Area: 12,600 sq. ft. 90' X 140' - 1 - . . PROPOSED PROJECT The proposed project consists of the removal of the single family residenc.. and the development of a three story plus loft, 18,765 sq.ft., ten unit condominium constructed over a 23 space subter~ ranean parking qaraqe. Under SMMC Section 9013.6(b) a total of ten dwelling units (1 unit per 1250 sq. ft.) may be developed on the 12,600 square foot development site. Site plans show upper and lower units developed around an interi~ or first floor courtyard. The project provides the code 20 foot front yard, 10'4" side yard, and 15 toot rear yard setbacks. An interior elevator and staircase located on the rear of the site connect the subterranean parking level with upper development floors. Lot coverage is at sot. Two minimum four foot unexca- vated side yard setbacks are shown along both sides ot the build- ing. Site plans show a minimum of 50' landscaping provided in both unexcavated side yard areas. Elevation plans indicate a three story, 40 foot building height. The building contains a pitched root that steps down to a 33 toot height limit adjacent to the side property lines. Chimney .tacks shown above the roof height are permitted to exceed the R3 height limit under SMMC Section 9040.3. Root docks shown above the third floor are clustered around the interior ot the site and stepped back from adjacent side buildinq walla. A total of twenty-three code required parking space. are shown in the subterranean parking garage. Under SM!IC Section 9044.4, 16 parking space. are required for the eight two-bedroom units, 5 parking spaces are required for the two three-bedroom units and two parking spaces are required for guest parking. The loft level rooms shown above three of the ten units contain 1... than 100 square feet and therefore do not require provision of addi- tional on-site parking spac.s. The subterranean parking garage is accessed from Schader Drive which run. in an easterly one way pattern in front of the site. The location and dimensions ot parking spaces and parking garage driveway ramp have baen re- viewed and approved by the City Traffic Engineering Division. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project i. consistent with the Municipal Code and in conformity vl~ the General Plan as shown in Attachment A. CEQA STA'l'OS The proposed project is Categorically Ex8Jtpt per City City of Santa Monica Guideline. for the Implementation ot CEQA; Class 1. RENT CONTROL STATUS One of the two residential units was declared exempt under Rent Control provisions and the other residential units was withdrawn - 2 - . . from Rent Control Board rental requirements pursuant to the Elli. Act (Government Code section 7060 et. seq.) FEES The proposed ten unit condominium is subject to a Recreation and Parks Facilities Tax of $200.00 per unit and a Condominium Tax of $1000.00 per saleable unit. ANALYSIS The ten unit condominium development contains several features that will appear compatible with surrounding single family and multiple family dwelling units. The development of a columnar front porch entry with raised spanish tile surface provides a low-scale residential appearance. The stepping back of upper floors, articulated upper floor balconies, windows and building walls will provide a neighborhood friendly building design that will integrate with many pre-1930 constructed residential buildings. The condominium site is located in a neighborhood t.hat is in transition away from older single family and administrative com- mercial uses to newer multiple family and mixed co".rcial- professional uses. As indicated above, the three story plus lott building incorporates many features that are featured on sur- rounding pre-l930 constructed residential buildings. Conclusion: The ten unit condominium complies with all applicable provisions of the code and general plan and should appear compatible with surrounding multiple story structures. RECOMMENDATION It 1s recommended that the Planning Commission approve Vesting Tentative Tract Map 47981 and Conditional Use Permit 89-091 sub- ject to the followinq findings and conditions: FINDINGS TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, together with its provision for its d.sign and improvements, is consistent with applicable qeneral and specitic plans as adopted by the City ot Santa Monica in that the subject proposa.l complies with all Planning and Zoning requirements relating to building height, setback and density. 2. The slte is physically suitable for the proposed type ot development in that all applicable setback and lot coverage requirements can be met, and required parking can be accommodated on-site. - 3 - . ~ . 3. The site is physically suitable tor the propo..d density of development in that parking, setback and lot coverage requirements can be met. 4. The d..iqn of the subdivision or the proposed improvements will not cause substantial environmental damaqa or sub- stantially and avoidably injure fish or wildlife or their habitat in that the site is lc)cated in an urban environment. 5. The desiqn of the subdivision or the type of improvement will not cause serious public health problems in that all public utilities are available. 6. The desiqn of the subdivision or the type of improvement. will not conflict with easements, acquired by the public at larqe, for access throuqh, or use ot, property within the proposed subdivision in that the city Enqineer ha. approved the tentative subdivision map, and taken into account required easements and dedications. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted wi1:hin the subject district and complies with all of the applicable provisions ot the "city of santa Honica Comprehensive Land Use and. Zoning Ordinance", in that all required setbacka, lot coverage, building heiqht and parking requirements are met. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the area consists ot mixed commercial and residential uses and the desic;n of the three story buildinq with adequate landscapinq, front porch col t!~!1ar entry I upper floor terraces and front and side building articulation should appear compat.ible with surrounding residential us... 3. The subject parcel is physically suitable for the type of land use being proposed, in that it is fairly level, all parking can be provided on-site, and adequate open space is provided. 4. The proposed use is compatible with any of the land uses pr..ently on the subjec~ parcel if the present land us.. are to remain, in that the exi.~in9 vacant single family uni~. located on the site will be removed, and a multi- family residential structure will be constructed in its place. 5~ The proposed use would be compatible with existing and permissible land usea within the district and the general area in which the proposed use 1s to be located, in that the proposed use will conform to the lIlulti-family us.. which are locat.ed in the surrounding neighborhood. The - 4 - . . building height and density are similar to the density and height of surrounding structures. 6. There are adequate provisions tor water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that all utilities are available. 7. Public access to the proposed use shall be adequate, in that alley access is proposed and all required parking is provided on-site. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that newer development. in the area consists of two to three story buildings and the pro- posed three story structure will be consistent with this type of development. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the R3 Zoning permits densities similar to what is proposed. 10. The proposed use would not be det.rimental to the public interest, health, safety, convenience, or general welfare, in that all public utilities are available, and required building and safety requirements will be enforced in the construction of the building. 11. The proposed use conforms precisely to the applicable per- formance standards contained in SUbchapter 6, section 9050 and special conditions outlined in Subchapter 7, section 9055 of the City of Santa Monica Comprehensive Land Use and Zoninq Ordinance, in that 'the proj ect compl ies with the RJ development standards and is not subject to Sec- tions 9050 and 9055. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the area is zoned for mUlti-family residential construction, and the subject proposal conforms in height and density to the R3 Zoning District. CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL STANDARD CONDITIONS Plans 1. Tnis approval is for those plans dated, 11/16/89, a copy of which shall be maintained in the files of the City Planninq Division. Project development shall be consis- tent with such plans, except as otherwise specified in these conditions of approval. - 5 - 7'l('\I" . . 2. The Plans shall comply with all other provision. ot Chap- ter 1, Article IX of the Municipal Coda, (Zoninq Or- dinance) and all other pertinent ordinances and General Plan policies of the City ot Santa Monica. J. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to planning C01DDlission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 5. Plans for final desiqn, landscaping, screening, trash en- closures, and signage shall be subjact to review and ap- proval by the ArChitectural Review Board. 6. The Architectural Review Board, in ita review, shall pay particular attention to the project's ped..trian orienta- tion and amenities; scale and articulation o~ ae.ign ele- ments; exterior colors, textures and materials, window treatment: glazinq; and landscaping. Fees 7. The City is contemplating the adoption of a Transportation Management Plan which is intended to mitiqate traffic and air quality impacts reSUlting trom both new and existing development. The Plan will likely include an ordinance establiShing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types ot employers in the City. This ordinance may require that the owner ot the proposed proj ect pay such new development fees, and that employers within the project pay such new annual em- ployer fees related to the City's Transportation Manage- ment Plan. 8. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time ot i..uance o~ a buildinq permi t tor the construction or placaaent 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 9. Until such time as the demolition is undertaken, the ex- istinq structure shall be maintained and secured by board- inq up all openings, erecting a security fence, and remov- ing all debris, bushes and planting that inhibit the easy surveillance ot the property to the satisfaction ot the Building and Safety Officer and the Fire Department. Any .. 6 - . . . landscapinq material remaining shall be watered and main- tained until demolition occurs. 10. unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS). 11. 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. Construction 12 . Unless otherwise approved by the Department of General Services, all sidewalks shall be kept. clear and passable during the gradinq and construction phase of the project. 13. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General services shall be re- constructed to the satisfaction of the Department of General services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. 14. Vehicles hauling dirt or other construction debris from the si te shall cover any open load wi th a tarpaulin or other secure coverinq to minimize dust emissions. 15. Street trees shall be maintained, relocated or provided as required in a manner consistent with the city's Tree Code (Ord. 1242 CCS), per the specifications of the Oepartment 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. 16. A construction period mitigation plan shall be prepared by the applicant for approval by the Director of Planning and the Department of General Services prior to issuance of a building permit. As applicable, this plan shall 1) Speci- fy the names, addresses, telephone numhers and business licen.. numhers of all contractors and subcontractors as well as the developer and architect; 2) Describe how de- molition of any existinq structures is to be accomplished: 3) Indicate where any cranes are to be located for erec- tion/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conj unction with construction; 5) Set forth the extent and nature of any pile-drivinq opez"ations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons: 7) Specify the na- ture and extent of any dewatering and its effect on any - 7 - . . adjacent buildingsr 8) Ce.crib. anticipated construction- related truck routes, number ot truck trip., hours of hauling and parking location: 9) Specify the natura and ext.n~ of any helicopter haulinqr 10) Stat. whether any construction activity beyond normally permitted hours i. proposed: 11) Describe any proposed construction noise mitigation measuresr 12) Describe construction-period securi ty 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; 1S) List a designated on-site construction manager: 17. 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 indicating the hours of permissible construc- tion work. 18. A copy of these conditions shall be posted in an easily visible and accessible location at all time. during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 19. Ul tra-low flow plumbing fixtures are require<! on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) Miscellaneous Conditions 20. The building address shall be painted on the roof of the buildinq and shall measure four feet by eight feet (32 square feet). 21. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended. and a recoqnized specialist shall be contacted to conduct a survey of the affected area at projecet. owner's expense. A determination shall then be made by the Director of Planning to determine the siq- niticance of the survey finding_ and appropriate actions and requirements, if any, to address such findings. 22. 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. - 8 - . . 23. 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 particulur attention to the screeninq of such areas and equipment. 24. street and/or alley lighting shall be provided on public rights of way adjacent to the project if and as needed per the specifications and with the approval of the Department ot General Services. 25. No gas or electric meters shall be located within the re- quired front yard setback area. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 26. Any lofts or mezzanines shall not exceed 99 square feet unless appropriate required parking is supplied. Such areas shall also not exceed 33.3% ot the room below unle.. compliance with the district's limits on nn",her of storie. can be maintained. Validity of Permits 27. 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. 28. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates ot occupancy shall be issued until such violation has been fully remedied. 29. Within ten days of Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the statement of Official Action prepared by the Planning Division, aq'reeing 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 approv,~l. 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 th~ Plannlnq Division. Failure to comply with this condition shall constitute qrounds for potential permit revocation. 30. This determination shall not become effective for a period o~ fourteen days from the date of determination or, it appealed, until a final determination is made on the appeal. - 9 - . . TENTATIVE TRACT MAP CONDITIONS 1. All oft site improvements required by the city Engineer shall be installed. Plans and specifications tor ott site improvements shall be prepared by a registered civil en- gineer and approved by the City Engineer. 2. Before the City Engineer may approve the final map, a sub- division improvement agreement for all ott site improve- ments required by the City Engineer shall be prepared and a performance bond posted through the city Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code Section 66452.6 and sections 9380-9382 of the santa Monica Municipal Code. During this time period the final map shall be presented to the City of Santa Monica for approval. 4. The developer shall provide the Engineering Department of the City of santa Monica with one oizal Cloth prln~ reproduction and microfilm of each sheet of the final map after recordation. 5. Prior to approval of the tinal map, Condominium A..ocla- tion By-Laws (if applicable) and a Declaration of CC , R'. shall be reviewed and approved by the City Attorney. Th. ec & R' s sh2l.ll cont2l.in a non-discrimination clause a. presented in section 9392 (SMHC) 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 ot section 6651 et seq. ot the Santa Monica Municipal Code. 7. The form, contents, accompanying data, and filing of the final SUbdivision map shall conform to the provisions of Sections 9330 through 9338 (SMMC) and the Subdivision Map Act. The required Final Map filing fee shall be paid prior to scheduling of the Final Uap for City Council approval. 8. The tinal map shall be recorded with the Los Angeles Coun- ty Recorder prior to issuance of any building permit tor a c9ndominium proj ect pursuant to Government Code Section 66499.30. INCLUSIONARY UNIT CONDITIONS 1. The developer shall covenant and aqree with the City ot Santa Monica to the specific terms, conditions and restrictions upon the possession, use and enjoyment of the - 10 - . . subject property, which terms, conditions and restrictions shall be recorded with the Los Angeles County Recorder's Office as a part of the deed of the property to ensure that two affordable units are provided and maintained over time and through subsequent sales .)f the property. An affordable unit shall be defined as being affordable to households with incomes not exceediJ'1<;J 100% of the (HOD) Los Angeles County median income, e)~endinq not over 30t of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the develeper 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 provision. 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 Program 12 of the Housing Element of the General Plan of the City of santa Monica ("prograa 12") . Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with Ordinance 1448 (CCS) , which provide. implementation standards for Program 12. Prepared by: Wanda Williams, Associate Planner PC/vcup8991 WW:ww 12/12/89 - 11 - . . ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN,CONFORMANCE Land Use Cateqory Municipal Code Element Project Permitted Use 1 du/12S0 sq. ft. same 1 du/12S0 sq. ft. 10 units 10 units Height 3 stories/40 ft. same 3 stories/40 ft. Setbacks Front yard 20 ft. MIA 20 ft. Sideyard 10'4" MIA 10'411 Rearyard lS ft. N/A 15 ft. Lot Coverage So% N/A sot Parking 23 spaces N/A 23 spaces - 12 - . . 1421 23rd. St. Santa Mbn~ca, CalIf. 90404 213 828-5323 :1arch ~1, 1990 '-4C"i'C.^ .- :......c .~~ l ...." - 13 ,j': 1.8 City of Santa MonIca ?lannlng Jlvlslon Room 212 :685 ~~al.:1 St. Sa~ta ~o~lca, CalIf. 90401 At:n: Wanda Will lams Re\;jarclng: CCP 89-091, VT1".'1 4~981, 1404 Cloverfield, 2311 Schader Dr. Dear ~s. WIllIams: I am t:-:.e m-/ner of one of the 4 SIngle family dwellIngs WhICh are dIrectly west of thIS ~roposed proJect. I have revIewed the developer's most recent plans and WIth all due respect I fInd that there really isn't that much difference between them and the developer's preVIOUS plans whICh were rejected by the . PlannIng CommiSSIon. I am opposed to thIS project for several reasons some of which are lIsted in my letter dated January 30, 1990 a copy of which is enclosed, This proposed project is r.ot In harmony with our community plan. This development should be denIed but if it IS approved it should be scaled back to be a twu story bUIlding apprOXlrnately 20 feet high with 7 units rather than 10. ThIS would then be SImIlar to the projects at 1447 24th St. and 1436 20th St. l::oth of WhICh are two story bUIldIngs approximately 20 feet high and not three story bUIldIngs 40 feet hIgh. It should be noted that on the western edge of this project the developer wants to put a 6 foot high chaIn link fence on top of a 30 lnch wall for a total of 8~ feet. This is way too hIgh. The fence should be only 3 feet high on the 30 inch wall for a total of 5~ feet whIch IS more In keepIng WIth a residential area. AgaIn, thIS project shoUld be denied. If it is approved it shOUld be scaled back: to be a two story buildIng approxImately 20 feet high with seven units rather than ten. TIus would be more In keepIng WIth our conmunity plan, SIncerely, ~~ Dr. Daniel Galamba / . 1421 23rd. St. Santa Monica, Calif. 90404 213 828-5323 January 30, 1990 . Santa Monica City Hall Plannlng Division, ROOR 212 1685 Ha~n St. Santa Monica, Cal:f. 90401 Attn: Wanda Wllllarns SubJect: c~p 89-091, VTTM 4i981 1404 Cloverfield, 2311 Schader Dr. Dear Mrs. Wllliarns: I am the owner of one of the four slngle family dwelllngs WhlCh are directly west of the proposed development. I am opposed to this development for several reasons only some of WhlCh I wlll discuss below. Flrst, this proposed development is not in harmony with the community plan. The developer wants to put up a 40 foot condo building right next to four small single fam1ly dwellings on lots 35 feet wide by 50 feet deep. It 1S not harmon1ous for a 40 foot condo bUlldlng to be wlthin 15 feet of small single family homes. Either the whole block should be developed at the same time with a 40 foot high condo building or the proposed development should be scaled back to be harmonious wlth the existing four small singe family dwellings. This would require that the condo buildlng be only two storles high rather than three with perhaps seven units rather than ten. Upon revlewlng the development plans, seven of the ten units occupy the f1rst two stories which are 20 feet high. Only three of the ten un1ts occupy the third story of the bU1lding and the flnal 20 feet of the 40 foot building. If this project is approved it should be llmited to seven units in a two story building approximately 20 feet high. This is in agreement wlth the proposed condo proJect at 1447 24th St. and the condos just recently constructed at 1436 20th St. Both of these are two story condo buildings approx. 20 feet high, not three story condo buildings 40 feet hlgh. It should be noted that the developer of th~s proposed condo project on Cloverfield and Schader lS the exact same man who sold all four of the slngle fam~ly dwelllngs on 23rd St. to us homeowners. Then after he sold us our houses as slngle fa~ily dwellings he then turns around and wants to throw up a 40 foot hig~ condo building within 15 feet of our back doors! It must be noted that with our lots only being 50 feet deep we will not be able to develop the land wlth another 40 foot high structure. So for at least the next 30 years unt11 the whole block is redeveloped again the community will be stuck with four small single family dwellings ~ext to a 40 foot high ~r:~' . condo ?uildlng. ~lS not 1n keep1ng wl~h th~ommun1tY plan ~.__ for th1s to happer._ Second, I a~ oDDosed to this proJect for the traffic and / co:gestion it will produce. Traff1c 15 bad enough on 23rd St. 4' and Schader Dr. This proJect w1th lts ten unlts wlll only make the traffic problem worse. It should be noted that the developer wants to run hlS ~rafflC for his condo bUllding rlght behind our back doors. E€ shoul~ be requlred to put h1s trafflc through the middle of hlS oNn bUlldl~g or. Schader Dr. or put hlS traffic off of Cloverfleld Blvd. so as to not dlsturb us homeowners on 23rd St Third, ~~e developer wants to put a ten foot hlgh conc~e~e ~all o~ t~e western slde of hlS development WhlCh is rlght behind our back doers. While a ten foot high wall may be appreprlate for a prison yard 1t is not appropriate for a resldentlal nelghborhood. Th15 ten foot high wall should be cut dONn to flve or six feet high. Fourth, thlS development will destroy rent controlled rental stock. The house on Cloverfield I know was under rent control and I thlnk that the same may be true for the house on Schader. Wlll thls developer replace the lost rental stock with an equal number of rent controlled units? For the above reasons as well as many others this development should be den~ed. If it is perm~tted lt should be scaled back to be a two story condo bU11d1ng approx. 20 feet hlgh with seven units and only under the conditions Ilsted above. Slncerely, f ~jr;(J Dr. Danlel Gala~ba . . STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: CUP 89-091, VTTM 47981 LOCATION: 1404 Cloverfield, 2311 Schader Drive APPLICANT: Westmore Properties REQUEST: Vesting Tentative Tract Map 47981, Conditional Use Permit 89-091 to permit a ten unit, three story, 18,258 square foot condominium on a 12,600 square foot parcel located in the R3 (Residential Medium Density MUltiple Family) District. PLANNING COMMISSION ACTION 03/21/90 Date. x Approved project based on the following findings and subject to the conditions below. Denied. other. FINDINGS TENTATIVE TRACT 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 subj ect proposal complies with all Planning and Zoning requirements relating to building height, setback and density. 2. The site is physically suitable for the proposed type of development in that all applicable setback and lot coverage requirements can be met, and required parking can be accommodated on-site. 3. The site is physically suitable for the proposed density of development in that parking, setback and lot coverage requirements can be met. 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 - 1 - . . habitat in that the site is located in an urban environment. 5. The design of the subdivision or the type of improvement will not cause serious public health problems in that all public utilities are available. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed sUbdivision in that the City Engineer has approved the tentative subdivision map, and taken into account required easements and dedications. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that all required setbacks, lot coverage, building height and parking requirements are met. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the area consists of mixed commercial and residential uses and the design of the three story building with adequate landscaping, front porch columnar entry, upper floor terraces and front and side building articulation should appear compatible with surrounding residential uses. 3. The sUbject parcel is physically suitable for the type of land use being proposed, in that it is fairly level, all parking can be provided on-site, and adequate open space is provided. 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 vacant single family units located on the site will be removed, and a multi- family residential structure will be constructed in its place. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the proposed use will conform to the mUlti-family uses which are located in the surrounding neighborhood. The building height and density are similar to the density and height of surrounding structures. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the proposed use would not be detrimental to - 2 - . . public health and safety, in that all utilities are available. 7. Public access to the proposed use will be adequate, in that alley access is proposed an all required parking is provided on-site. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that newer development in the area consists of two to three story buildings and the pro- posed three story structure will be consistent with this type of development. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the R3 Zoning permits densities similar to what is proposed. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that all public utilities are available, and required building and safety requirements will be enforced in the construction of the building. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, Section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that the project complies with the R3 development standards and is not subject to Sec- tions 9050 and 9055. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the area is zoned for mUlti-family residential construction, and the subject proposal conforms in height and density to the R3 Zoning District. CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL STANDARD CONDITIONS Plans 1. This approval is for those revised plans dated 03/08/90, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. - 3 - . . 3. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 4. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architec- tural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback im- pacts of any ramps or other features necessitated by ac- cessibility requirements. 5. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 6. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 7. 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. Fees 8. 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 establishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the city. This ordinance may require that the owner of the proposed proj ect pay such new development fees, and that employers within the project pay such new annual em- ployer fees related to the City's Transportation Manage- ment Plan. 9. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unites) on the subject lot, per and subject to the provisions of Section 6670 et seq. of the Santa Monica Municipal Code. Demolition - 4 - . . 10. until such time as the demolition is undertaken, and un- less the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all 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. 11. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS) . 12. 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. 13. 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 14. Unless otherwise approved by the Department of General services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 15. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. 16. 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. 17. 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. 18. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General - 5 - . . Services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be 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 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- ing and its effect on any adjacent buildings; 8) Describe anticipated contruction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normal- ly permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe con- struction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager. 19. 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. 20. 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 21. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) Miscellaneous CUP Conditions 22. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 23. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be - 6 - . . contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 24. Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 25. 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. 26. street and/or alley lighting shall be provided on public rights of way adjacent to the project if and as needed per the specifications and with the approval of the Department of General Services. 27. No gas or electric meters shall be located within the re- quired front yard setback area. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 28. Any lofts or mezzanines shall not exceed 99 square feet unless appropriate required parking is supplied. Such areas shall also not exceed 33.3% of the room below unless compliance with the district's limits on number of stories can be maintained. Validity of Permits 29. 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. 30. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 31. within ten days of Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed - 7 - . . statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 32. 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. 33. Fence heights shall comply with SMMC Section 9040.8. In particular fence heights shown along side and rear proper- ty lines shall not exceed 6 feet unless necessary Planning approvals are secured. 34. Prior to submittal of the plans to the Architectural Re- view Board, plans shall be revised to show no third floor windows on the west elevation of Unit #10, (as specified on floor plans). A copy of the revised plans shall be maintained in file in the Planning Division. 35. The Architectural Review Board shall pay special attention to the amount and location of landscaping adjacent to the west property line. special consideration shall be given to the creation of a "landscaping buffer" that reduces noise levels for the adjacent residential properties. TENTATIVE TRACT MAP CONDITIONS 1. All off site improvements required by the city Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approved by the City Engineer. 2. Before the city Engineer may approve the final map, a sub- division improvement agreement for all off site improve- ments required by the city Engineer shall be prepared and a performance bond posted through the city Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code section 66452.6 and Sections 9380-9382 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the city of Santa Monica for approval. 4. The developer shall provide the Engineering Department of the City of Santa Monica with one Dizal Cloth print reproduction and microfilm of each sheet of the final map after recordation. 5. Prior to approval of the final map, Condominium Associa- tion By-Laws (if applicable) and a Declaration of CC & R's shall be reviewed and approved by the City Attorney. The CC & R' s shall contain a non-discrimination clause as - 8 - . . presented in section 9392 (SMMC) and in the case of con- dominiums, contain such provisions as are required by Sec- tion 9l22E (SMMC). 6. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provi- sions of Section 6651 et seg. of the Santa Monica Municipal Code. 7. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of Sections 9330 through 9338 (SMMC) and the Subdivision Map Act. The required Final Map filing fee shall be paid prior to scheduling of the Final Map for City council approval. 8. The final map shall be recorded with the Los Angeles Coun- ty Recorder prior to issuance of any building permit for a condominium proj ect pursuant to Government Code Section 66499.30. 9. Pursuant to Section 9366 (SMMC), if the subdivider or any interested person disagrees with any action by the Planning Commission with respect to the tentative map, an appeal or complaint may be filed in writing with the City Clerk. No appeal or complaint may be filed after a ten day period from the Commission's decision on the tentative map. - 9 - . . INCLUSIONARY UNIT CONDITIONS 1. The developer shall covenant and agree with the City of Santa Monica to the specific terms, conditions and restrictions upon the possession, use and enjoyment of the subject property, which terms, conditions and restrictions shall be recorded with the Los Angeles County Recorder's Office as a part of the deed of the property to ensure that two affordable units are provided and maintained over time and through subsequent sales of the property. An affordable unit shall be defined as being affordable to households with incomes not exceeding 100% of the (HUD) Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the 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 program 12 of the Housing Element of the General Plan of the City of Santa Monica (lIprogram 1211). Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with Ordinance 1448 (CCS), which provides implementation standards for Program 12. VOTE Ayes: Kaufman, Lambert, Nelson, Mechur, Pyne, Rosenstein Nays: Abstain: Farivar Absent: - 10 - . . NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code section 1400. This does not supersede Public Resources Code section 21167, which governs the time within which jUdicial review of the City I S acts or decisions in connection with the California Environmental Quality Act must be sought. I hereby certify that this statement of Official Action accurate- ly reflects the final determination of the Planning Commission of the City of Santa Monica. signature date print name and title I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title PC/st91 WW:ww 03/27/90 - 11 - ~l - ~ ~--.).~_..'::' - i .. -;.- t"~ 1r/~ YI-~r7 7(J--.' . ~'~cil It, (WWj F -xh llo Ii " -8 I' ~....-:.... ~:-~...:~ <<- ~ _10-;- I -~- . City of Santa Monica Community and Economic Development Department -. Planning and Zoning DMslon (213) 458.8341 ~' ~ '( Q,~ ~ ' 'tP '. APPEAL FORM " ' Date Filed ~~/'iO_ ~- _ ~ ':' 1 :::- Received by;"u '.' oJ r)till~-{-c Receipt No --r; \ ~ ~., c ?;;> \ PtqO-co~ FEE: $100.00 Name '!20 bel+- )....\-e...b"~'e..~ y Address I Lt I" ;:2~ I". d -51- 6~+A Contact Person ~"-\~l ~ I PhOne(~t3) 3~-3r-Ot.t'"fD /(J:J) ta.'6"l-900 Please descnbe the project and decISIOn 10 be appealed /.d7'aAF4-. ;f r0r/IN'A:J7 Case Number (...c> f' g9' - 01 \ V rrM '-+ 'TCC ~ I Address l~04 C\ {)\.:e.\"~\e.\C\ . :;t3\l ~ L""'~e\ D'K' ~ ApplIcant tD e...s+ \J-'\. c. \" ~ -:p ~t;. ~ ~ ~ T t "!e. <...., OnglOal heanng date t==' e... b -=t- ~ I I q It (")' {Ao,(J n Arw_ ~ J i'}....1 } Ci" '\ Onglnal actIon - . . / Please .stale the specific fB8S0n(S} !or the appeal ,T!(,' y -e.~ ,~ d ~ '" ec..+\ u \::20 ~'\.I~ ~ v\ ~,f'.-q \e. ~i;,\:...\ \tJ. \)......\.t:~, ::::r:~';~-'d~-\ '0\Al"lS ~ ShDI1\ G--.pO~V\lF\ \ 'uvt() ~~\t<.,\'r-?l:.. ~~\ -\--~~~~c 6-f- @ , C\'\VCwp..~.C) c-H:- C 'ov~ f-~ €-\a. . , /7 ;; / .-!-/~ 1/ addd,,,,o '''0'''' noedod, use back.' 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Cay of Santa Monica Comm ur.:ty and Economic Development Department Planning and Zoning Division {213} 458.8341 APPEAL FORM . {)J;ljI-UWnt<< b-h ( k% rt~ C (I FEE. $100.00 <te 15j63t Dale Filed AnTi 1 t.. 1 Qql1 Received by ~ \:::..... . Receipt No. . () - 00 (0 Name Dr. Daniel Galanba AddffiSS 142] 23rd. St.f Santa Monica) Cal1f. 90404 Contact Person Dr. Daniel Galamba Phone ~13 414-6336, 213 828-5323 PleasedescnbelheproJectanddeclslor.tobea~pealed 1404 Cloverfield~ 2311 Schader D...-. to permit a to",," lmif": thrE'p story condominium subdivision, Appeal of Planninp; Commission's March 21, 1990 decision to approve this condominium subdivision. Case Number CUP 89-091 ~ VTTM 47981 Address 1404 Cloverfieldf 2311 Schader Dr. Applicant Westmore Properties angInal hearIng dale March 21 ~ 1990 Ongmal action P1annl.n~ Commis sion approved the proj ect. Please stale the specl1ic reasonfs)forthe appeal 1. This proposed project does not cOffi?ly with our communl.ty plan and is not compatible with the neighborhood and with the four single family dwellings direaly W. of the project on 23rd. St. 2. The Planning Commission acted upon erroneous infOrMation. The Planning r.ommission was told by the developer's architect that the traffic department had stated that the only place the vroject's driveway could be placed was on Schader Drive directly SIQnalure$ /~t /C7 -~. ~ II add~lonal space IS needed, use back of lorm Date April 4, 1990 sa"~i! ....'Ie'll!:.. t....r. cI'j:al C:xSe 5 .Ix' .: ..' -, l.p~als Sl\lll.~:.:e.' Ap~ 'o'actl::!n 101' .:.... "'-'c:.i. - - :Ji,;.,,,. ". ....\... -. .. . e I-r...... ~ '1"" "11"', ,. .... .... ;'I~rl''''''' :.c;- roo ~ n \ "I~" '-r I... r .~. '. ,. . .. I Ii. ... .... III "" . II ., "'- ........ I.. ~ I _ .. ':'... trl '-.J...i;c.cw"':, ."'....: ~r:~:,:.C. ::.. 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(~. :'II"..:.~.. ~I ~ .c.~r 1fIl: A..!.- r'::....: :.. .,:;.. !--.,. ~ I-j .....t.. !-i! ;]Ia.I'" ~:'. .... ........1... -e '.C,.WL.......... .1[." '::... ':: :)\_11",;., d ~:I~ 't;' I::. "Jr f.c." IIr. ' d" ",.:-.: III rc.-:,-I (C :"c:::k. :':;:"'~.r."\1C:.r."!.."\..I~...i.-'=.; iJe :.~ "'~....:~:.:~::..~ :.,,:....,,;.......t\.tl...l.".... 1,-'c1. r.c..'..... .....i" ...~;:.:........ ". =~; .:~.,..::..~I: :".r~'ti:!:11I" _-:....-. l~rA"~"";J. :;~:..:. Iii.......:... , .. "... . .... . III III ..__ ......_ ._ _ ._.. . . r -;: ~ . ,,-!-" ~ ~'J~t: ~~~1l'"~___ r.+ (:1-,,--"- ...:~... _-- 1lE"~-_..... :J.. "'". A r- -- ."'..:~ ~t""-~.~~. - "'~~.,"~~:~fr:~"'~~-=-~:::"II'"}!;~~;~...~"",~;~,~~~~-< . ,. behind the homes on 23rd. St. Our later investigation disclosed that a driveway off of Cloverfield was approved for this project. Therefore the Planning Commission made their decision based upon faulty information given to them by the developer. 3. This project will destroy rent controlled rental stock by using the Ellis Act to circumvent our Santa Monica laws. 4. This project will destroy the house on Schader Drive which may qualify as an architectural landmark. 5. The Planning Commission never intended the block to be redeveloped unless the four houses on 23rd. St. were part of the development. At the time the block was recently rezoned the Planning Co~ission was told that the four houses on 23rd. St. would not be sold off individually and any development of the block would include the four houses. As Planning Commission Chairperson Donald Nelson described it~ what the Planning Commission was told would not happen did happen. Therefore it is against the Planning Commission's original plan for the block to be redeveloped unless the four houses on 23rd. St. are part of the development.