SR-010891-12A
\;l.---R
JAN 8 i~j
LUTMD:PB:DKW:DM
PCjCCUP9026
council Mtg: January 8, 1991
Santa Monica, California
TO: Mayor and city Council
FROM: City Staff
SUBJECT: Appeal of a Planning Commission Approval of Conditional
Use Permit 90-026 to Allow the Construction of a 16
unit Condominium at 951 Ocean Avenue.
Applicant: Sakakura America, Inc.
Appellant: Michael Wiedder
INTRODUCTION
This report recommends that the City Council deny the appeal and
uphold the planning Commission approval of CUP 90-026 to allow a
16 unit condominium at 951 Ocean Avenue.
At the Planning
Commission meeting of October 17, 1990, the Planning Commission
approved the project by a vote of 4-1, with two Commissioners
absent. The appellant has filed the appeal because he feels the
massing and height of the building would be out of scale with the
neighborhood. The appeal form is attached (Attachment A) .
BACKGROUND
The proposed project was filed by the applicant on February 26,
1990 and is subject to Ordinance 1507 (CCS), the North of
Wilshire Moratorium adopted in December of 1989. section 3(f) of
the Ordinance states that a property shall be exempt from the
moratorium if the following requirements are met:
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12-A
jAN 6 ::35j
(1) The applicant owned the property or had entered into
escrow for purchase of the property on or before May 9,
1989.
(2) No structures were on the property on May 9, 1989.
(3) If located in the R4 District, the application shall
comply with the development standards contained in the
moratorium ordinance (Ordinance 1507 [CCS]) (See
Attachment E) .
Information submitted with the application confirms that the
applicant did own the property on May 9, 1989, the property was
vacant and the application conforms with the development
standards for the R4 District contained in the moratorium
ordinance.
On July 18 I 1990, the proj ect was reviewed by the Planning
Commission. The Commission expressed general support for the
project but concluded that some design modifications were
necessary and that the redesigned project should return for their
review. specifically, the Commission felt that the front
elevation of the building should be redesigned to break up the
large, blank facade, and that more guest parking should be
provided. The Commission also encouraged the applicant to
discuss the project with the surrounding residents.
Following the July meeting, the applicant made various
modifications to the building, including a redesign of the front
facade to include large terraces and recessed courtyards. The
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number of guest parking spaces was increased from three to eight.
The applicant also met with the neighborhood residents in order
to ensure that any concerns they may have had were addressed.
The proj ect returned to the Planning Commission on October 17,
1990. At that time the Commission approved the project by a vote
of 4 to 1 with two Commissioners absent. One Commissioner voted
against the project because the model prepared by the applicant
was inaccurate and did not accurately represent the height of the
proposed building. The Commissioners that supported the project
did so based on the fact that the proj ect complied with the
moratorium ordinance and the applicant had attempted to address
the concerns of the Commission and surrounding residents.
The project was approved with the findings and conditions
contained in the Planning Commission statement of Official Action
dated October 17, 1990 (Attachment B). On October 29, 1990 I
Michael Wiedder filed an appeal of the Conditional Use Permit and
Tentative Tract Map. Because the appeal was filed after the
IO-day appeal period for the Tentative Tract Map, and the
Development Review approved by the Planning Commission was not
appealed, the scope of this appeal is limited to the Conditional
Use Permit.
ANALYSIS
Project Design
The proposed project would include 16 single story flats on four
floors, with two two-bedroom units, and fourteen three-bedroom
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units. The R4 District density standards of one unit per 900
square feet of lot area would permit 42 units on the subject
property. The project meets or exceeds the development standards
in the R4 District including setbacks, lot coverage and height.
The development standards contained in Ordinance 1507 include
private open space requirements of 100 square feet per unit and
additional front and side yard setback requirements for portions
of the building above 14' in height. The applicant has complied
with the open space and setback requirements by providing large
terraces on each level, adjacent to the living rooms and master
bedrooms. Approximately 260 square feet of private open space is
provided for each unit. A more detailed analysis of the project
design is contained in the Planning Commission staff report
(Attachment C).
Parking
The required parking is based on the number of bedrooms of each
unit. Parking is required as follows:
2 two-bedroom units @ 2 spaces each = 4.0 spaces
14 three bedroom units @ 2.5 spaces each = 35.0 spaces
Guest parking @ 1 space per 5 units = 3.0 spaces
Total Parking = 42.0 spaces
The project provides 39 parking spaces in a one level
subterranean garage and eight guest parking spaces on the ground
level adjacent to the rear alley for a total of 47 spaces.
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CONCLUSION
The proposed condominium complies with all applicable provisions
of the Zoning Ordinance and the North of Wilshire Moratorium,
Ordinance 1507 (CCS).
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 appeal
and uphold the Planning Commission approval of Conditional Use
Permit 90-026 with the findings and conditions contained in the
Planning Commission statement of Official Action (Attachment B).
Prepared by:
David Martin, Associate Planner,
Planning and Zoning Division
Paul Berlant,
Land Use and Transportation Management
Director,
Department
Attachments: A. Appeal form dated 10/29/90
B. Planning Commission statement of Official
Action dated 10/17/90
c. Planning Commission staff Report dated 10/17/90
D. Ordinance 1507 (CCS)
E. Plot Plan, Floor Plans and Elevations
DM
PC/CCUPS972
12/27/90
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 90-026
Development Review 90-006
Vesting Tentative Tract Map 46656
LOCATION: 951 Ocean Avenue
APPLICANT: Sakakura America, Inc.
CASE PLANNER: David Martin, Associate Planner
REQUEST: To permit the construction of a 16 unit con-
dominium building.
PLANNING COMMISSION ACTION
.
10/17/90
XX
Date.
Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:
CUP 90-026 - 10/31/90
DR 90-006 - 10/31/90
TTM 46656 - 10/27/90
EXPIRATION OATES OF ANY PERMITS GRANTED:
.
CUP 90-026 - 10/31/92
DR 90-006 - 10/31/91
TTM 46656 - 10/31/92
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES
CUP 90-026 - 3 Months
OR 90-006 - 3 Months
TTM 46656 - 3 Years
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~MaJ-r e,
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 plan conforms to the provisions of the
Zoning Ordinance and the General Plan.
2. The site is physically suitable for the proposed type of
development in that it is a standard lot with no unusual
characteristics.
3. The site is physically suitable for the proposed density
of development in that a 37,500 square foot lot in the R4
District can accommodate 42 units.
4.
The design of the subdivision or the proposed improvements
will not cause substantial environmental damage or sub-
stantially and avoidably injure fish or wildlife or their
habitat in that the proposed development is an in-fill of
urban land which does not support fish or significant
wildlife.
.
5. The design of the subdivision or the type of improvement
will not cause serious public health problems in that the
proposed development complies with the provisions of the
Zoning Ordinance and General Plan.
6. The design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public
at large, for access through, or use of, property within
the proposed subdivision in that the subject site is ade-
quately served by existing streets and alleys.
CONDITIONAL USE PERMIT FINDINGS
.
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.
1.
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 R4 Oistrict.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel it the present land uses
are to remain, in that the existing structure would be
demolished.
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5. The proposed usa 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 area is a mix of single-family and mUlti-family
residential units.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that the proposed development is an in-fill of urban
land adequately served by existing infrastructure.
7. Public access to the proposed use will be adequate, in
that the site is adequately served by existing streets and
alleys.
8.
The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that all setbacks, lot coverage
and height requirements for the R4 District and the North
of wilshire Moratorium have been met.
.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the area is de-
fined as a Low Density Housing area by the Land Use Ele-
ment of the General Plan.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the proposed project complies with the provisions
of the zoning ordinance, the North of Wilshire Moratorium
and the General Plan.
11.
The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions outlined in Subchapter 7, section
9055 of the city of Santa Monica Comprehensive Land Use
and Zoning Ordinance, in that no performance standard per-
mit would be required.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the area
is detined as a multi-family residential district.
.
DEVELOPMENT REVIEW FINDINGS
1. The physical location, size, massinq, and placement of
proposed structures on the site and the location of pro-
posed uses within the project are compatible with and re-
late harmoniously to surrounding site. and neighborhoods,
in that the project complies with the property development
standards adopted as part of the North of Wilshire
Moratorium.
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2. The rights-of-way can accommodate autos and pedestrians /
including parking and access, in that the site is ade-
quately served by existing streets and alleys.
3. The health and safety services (police, fire, etc.) and
public infrastructure (e.g. utilities) are sufficient to
accommodate the new development, in that the proposed
development is an in-fill of urban land adequately served
by existing infrastructure.
4. Anyon-site provision of housing or parks and pUblic open
space, which are part of the required project mitigation
measures required in Subchapter 5G of the City of Santa
Monica Comprehensive Land Use and zoning ordinance, satis-
factorily meet the goals of the mitigation program, in
that the project is not subject to the provisions of Sub-
chapter 5G.
5. The project is generally consistent with the Municipal
Code and General Plan, in that it complies with the
development standards for the R4 District.
.
CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW CONDITIONS
Plans
.
3.
1. This approval is for those plans dated october 2, 1990, a
copy of which shall be maintained in the files of the
City Planning Division. project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
2. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Enqineer.
4. Kinor amendments to the plans shall be subject to approval
by the Director of Planninq. A siqnificant change in the
approved concept shall be Subject to Planning Commission
Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planninq.
Architectural Review Board
5. The ARB shall pay particular attention the the exterior
facade to ensure that the design of the building is com-
patible with surroundinq properties.
6. Prior to consideration of the project by the Architectural
Review Board, the applicant shall review disabled access
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requirements with the Builc:1!nq 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.
7. Plans for final design, landscaping, screening, trash en-
closures, and signaqe shall be subject to review and ap-
proval by the Architectural Review Board.
8. The existing mature trees located in the northwest corner
of the parcel shall be either preserved in their present
location or relocated to a specific location on the prop-
erty to the satisfaction of the Planning Division and the
Architectural Review Board.
9.
The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities: scale and articulation of design ele-
ments; exterior colors, textures and materials; window
treatment; glazing; and landscaping.
.
10. Landscaping plans shall comply with Subchapter 58
(Landscaping Standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
ll. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SHKC 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 t.o the
screening of such areas and equipment.
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.
12.
.
13. The Architectural Review Board shall pay particular atten-
tion to the location of the proposed roof decks in rela-
tion to the privacy of adjacent residents.
Fees
14. The city is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality impacts resulting from both new and existing
development. '!'he 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
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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 I S Transportation Manage-
ment Plan.
15. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or re-
placement of the residential unit{s) on the subject lot,
per and subject to the provisions of section 6670 et seq.
of the Santa Monica Municipal Code.
Construction
16. During construction, a security fence, the height of which
shall be the maximum permitted by the Zoning Ordinance,
shall be maintained around the perimeter of the lot. The
lot shall be kept clear of all trash, weeds, etc.
17.
Unless otherwise approved by the Department of General
Services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
18. Sidewalks, curbs, 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.
.
19. Vehicles hauling dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
.
Street trees shall be maintained, relocated or provided as
required in a manner consistent with the City'S Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
21. A construction periOd mitigation plan shall be prepared by
the applicant tor approval by the Department ot General
Services prior to issuance of a buildinq permit. As ap-
pliCable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license nnmners 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 lenqth and number of
any tiebacks which must extend under the property of other
20.
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22.
persons; 7) Specify the nature and extent of any dewater-
ing and its effect on any adjacent buildings; 8) Describe
ant -::ipatecl contruction-related truck routes I nu,!,!\_her of
tru~J{ 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 publ ic streets for parking;
15) List a designated on-site construction manager.
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 nll~ber of the owner and/or
applicant for the purposes of responding to questions and
complaints during tho construction periOd. Said sign
shall also indicate t~ hours of permissible construc~ion
work.
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 o~ the
copy.
Environmental Mitigation
23.
24. Ultra-low flow plnmhing fixture. are required on all new
development and remodeling where plnmhinq is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
Prior to issuance of a Certificate of Occupancy, project
owner shall present documentation to the General services
Department certifyinq that existing Santa Monica occupan-
cies with toilet. installed prior to 1978 have been retro-
~itted with ultra low-flow toilets (1.6 gallons per flush
or less) such that development ot the new project will
not result in a net increase in wastewater flows. Flow
from existing occupancies which will be removed as part
of the new development may be deducted from flow at-
tributable to the new development if such occupancies have
been occupied within one year prior to issuance of a
Building Permit tor the proposed project. Alternatively,
project owner may provide a payment to the General Ser-
vices Department in an amount specified by General Ser-
vices in lieu of the installation requirement, which 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
quidelines developed by the General Services Department.
25.
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.
.
Miscellaneous CUP Conditions
26. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
27. If any archaeological remains are uncovered during
excavation or construction, work in the affected area
shall be suspended and a recognized specialist shall be
contacted to conduct a survey of the affected area at
project's owner's expense. A determination shall then be
made by the Director of Planning to determine the s ig-
nificance of the survey findings and appropriate actions
and requirements, if any, to address such findings.
28. street and/or alley lighting shall be provided on public
rights of way adjacent to tne project if and as needed per
the specifications and with the approval of the Department
of General Services.
.
29.
Any lofts or mezzanines shall not exceed 99 square feet
unless appropriate required parking is supplied. Such
areas shall also not exceed 33.3% of the room below unless
compliance with the district's limits on nllmher of stories
can be maintained.
Validity of Permits
30. The Conditional Use Permit and Development Review shall be
of no further force or effect if the Tentative Map ex-
pires prior to approval of a Final Map for said tract.
31.
.
In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
Within ten days of Planning Division transmittal of the
Statement of Offieial 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 condi tions. The signed
Statement shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
33. This determination shall not beeome etfective tor a period
of fourteen days from the date ot determination, or, it
appealed, until a final determination i. made on the ap-
peal. Any appeal must be made in the torm required by the
Zoning Administrator.
32.
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INCLUSIONARY UNIT CONDITIONS
34. The developer shall covenant and agree with the city of
Santa Monica to the specific terms, conditions and
restrictions upon the possession, use and enjoyment ot the
subject property, which terms, conditions and restrictions
shall be recorded with the Los Angeles County Recorderts
Office as a part of the deed of the property to ensure
that three affordable units are provided and maintained
over time and through subsequent sales of the property.
An affordable unit shall be defined as being affordable to
households with incomes not exceeding lOOt of the (HOD)
Los Angeles County median income, expending not over 30%
of m.onthly incom.e 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
unit(s) 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 satiafy the inclusionary
housing requirements of program 12 of the Housing Element
of the General Plan of the City of Santa Monica (ttprogram
12") . Developer may satisfy the obligations created by
this Agreement by demonstrating to the Director of Plan-
ning compliance with Ordinance 1448 (CCS), which provides
implementation standards for Program 12.
.
TENTATIVE TRACT MAP CONDITIONS
1. All off site improvements required by the City Engineer
shall be installed. Plans and specifications for off site
improvements shall be prepared by a registered civil en-
gineer and approved by the City Engineer.
2. aefore the City Engineer may approve the final map, a sub-
division improvement agreement for all oft .i te improve-
ments required by the City Engineer shall be prepared and
a performance bond posted through the ci ty Attorney t 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
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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
presented in Section 9392 (SMMC) and in the case of con-
dominiums, contain such provisions as are required by Sec-
tion 9l22E (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 seq. 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.
8. The form, contents, accompanying data, and filing of the
final parcel map shall conform to the provisions of Sec-
tions 9350 through 9357 (SMMC) and the Subdivision Map
Act.
6.
.
7.
9.
.
10.
VOTE
Ayes:
Nays:
Abstain:
Absent:
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.
Pursuant to Section 9366 (SMKC), 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.
Kaufman, Nelson, Kechur, Polhemus
Rosenstein
Morales, Pyne
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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.
I hereby certify that this statement of Official Action accurate-
ly reflects the final determination of the Planning commission of
the city of santa Monica.
signature
date
Ralph Mechur, Chairperson
Please Print Name and Title
I hereby agr.. to the above conditions of approval and
acknowledge that failure to comply with such cone!! tion. shall
constitute grounds for potential revocation of the permit
approval.
Applicant's Signature
Print Name and Title
PC/STOA9026
OM
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.
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