SR-121289-12B
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I~--fj
C/ED:PB:AS
PC/CCDR8903
Council Mtg:
L/t92 --oor
, D~r. 1,2 l:ld~,
Santa Mon1ca, 1!a!1Yorn~a
December 12, 1989
LJ. .-.-;. Or..1
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TO: Mayor and city Council
FROM: city staff
SUBJECT: Appeal of Planning commission Approval of Conditional
Use Permit 89-001, Development Review 89-003, and EIA
913, 701 Ocean Avenue, Four story, 39 unit Condominium
with 96 Parking Spaces Provided in a Two Level
Subterranean Garage. Applicant: Taico Properties, Inc.
Appellant: Councilmember Ken Genser
INTRODUCTION
This report recommends that the city Council deny the appeal and
uphold the Planning commission's approval of Conditional Use
Permit 89-001, Development Review 89-003, and EIA 913, to permit
the construction of a four story, 39 unit condominium project
wi th 96 parking spaces provided in a two level subterranean
garage.
staff recommends approval with additional conditions
that are described in this report. At the meeting of October 25,
1989, the Planning Commission approved the project on a 4-2 vote.
Councilmember Ken Genser is appealing that decision. The appeal
statement is provided in Attachment A.
BACKGROUND
The condominium development is proposed to be constructed on a
41,958 square foot parcel located on the southeast corner of
Ocean Avenue and Palisades Avenue, facing Palisades Park, with an
Ocean Avenue frontage of 225 feet.
The project consists of 39,
two bedroom residential units. Nine units are
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located on the
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first floor, with ten units per floor on the remaining three
levels. In addition, the proj ect provides a 561 square foot
exercise room and an 1,188 square foot meeting room at the first
subterranean parking level, a 1,200 square foot lobby at the
ground floor, a roof top garden and swimming pool, and 96 parking
spaces in a two level subterranean garage.
The effective development standards for this project are a height
of four stories not to exceed 45 feet, with a density of one unit
per 900 square feet of lot area. The subject development
proposal is for a project with a height of four stories/45 feet.
A total of 47 units would be permitted on the project site,
however, the applicant is proposing 39 dwelling units. The
Municipal Code requires two parking spaces per unit plus 8 guest
parking spaces for a total of 86 required parking spaces; 96
parking spaces are provided.
A Conditional Use Permit is required for all condominium
developments. The Municipal Code also requires a Development
Review Permit for any project in the R4 zone that exceeds 25,000
square feet. The subject proposal is 83,924 square feet.
Approval of a tentative tract map for this project is not
required because Tract Map 36409 for 701 Ocean Avenue was
approved by the City Council on January 14, 1981 and subsequently
recorded with the Los Angeles County Recorder. An Initial study
has been prepared for this proj ect that determined the proj ect
vlOuld not have a significant effect on the environment. This
document is contained in Attachment F.
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The proj ect design features a setback from Ocean Avenue that
varies from the minimum required 20 feet to 45 feet: the setback
from Palisade Avenue is also 20 feet. Access to the project's
subterranean garage is provided from the rE~ar alley, which also
includes a motor court/valet parking area and a second entry to
the project lobby. The unit layout on each floor is identical.
Private open space is provided through the inclusion of patios
for the ground floor units and balconies for the units on floors
two through four. staff has some concerns with the building's
design and is recommending special conditions regarding increased
building articulation.
In a separate but related project, the developer has obtained
approval for a 28 unit apartment building at 2107 5th Street. To
comply with the Coastal Commission's 1979 approval of a 45 unit
condominium project at the 701 Ocean Avenue site, the applicant
was required to construct affordable rental units at the 5th
street location. Since this coastal permit is still valid, the
applicant intends to satisfy both the Coastal Commission's
replacement housing condition as well as the City's Program 10
and Program 12 requirements through the ce,nstruction of the 28
unit project in Ocean Park.
program 10 requires .replacement of the 22 rental units to be
removed from the 701 Ocean Avenue site. Program 12 requires the
payment of an in-lieu fee or the provision of 6 rental units deed
restricted to be affordable to middle income households. The
applicant has expressed a willingness to enter into an agreement
~lith the city \vhereby the Program 12 requirements for 701 Ocean
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Avenue would be satisfied by deed restrict.ing 23 units at the
2107 5th street site. Four units have already been deed
restricted at 2107 5th street as part of the approval for that
project. Although no agreement has been prepared at this point,
this offer would result in the construction of a substantially
larger number of affordable rental units.
since a final tract map was approved for this project in 1981,
the October 25, 1989 Planning Commission statement of Official
Action does not include conditions for tentative tract map
approval. This previous approval exempts the proj ect from the
current conditions typically placed on the approval of tentative
and final tract maps, including certain ccmdi tions relating to
the form and content of the condominium by-laws, CC & Rs, and to
off-site improvements. However, these conditions were added by
the Planning Commission, as shown in the statement of Official
Action (Attachment D).
At the Planning commission pUblic hearing the Commission approved
the proj ect, however, a number of the Commissioners expressed
concern regarding the demolition of Rivington Place, one of the
two existing structures on the project site. Rivington Place is
an 18 unit courtyard housing development constructed in 1932 and
designed by the prominent father and son architectural firm of
Parkinson and Parkinson. In October, 1988 the Landmarks
Commission designated this courtyard a City Landmark. However,
the ci ty Council subsequently overturnE!d the decision in
November, 1988. Four of the six Planning Commissioners present
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addressed the Landmarks issue, noting that it was a unique
structure.
In addition to the project's conformance with code requirementst
the overriding factor in the Planning Commission's approval of
the project appeared to be the applicant's agreement to provide
28 affordable housing units in the City. commissioners
acknowledged the need to increase the City's affordable housing
stock and stated that this project would contribute to addressing
that need.
ANALYSIS
Initial study
The project appellant has stated on the appeal form that "The
Planning commission improperly approved a mitigated negative
declaration and this project without proper compliance with the
California Environmental Quality Act. It Al i:hough this statement
does not specifically outline the areas in which the proj ect
approval does not comply with CEQA, this issue was addressed at
the Planning commission hearing in regards to the historic value
of Rivington Place. At that time, the Deputy city Attorney
stated that since the city council had already determined
Rivington Place did not merit Landmark designation, an
Environmental Impact Report would not be mandated by CEQA.
CEQA requires that an EIR be prepared if the project may have a
significant effect on a property of historic or cultural
significance. CEQA does not, however, define what constitutes a
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property of historic or cultural significance. CEQA leaves that
determination up to individual localities.
The City of Santa Monica has adopted a Landmarks Ordinance which
provides criteria by which the city determines whether a property
is of historic or cultural significance. If a property meets
those criteria, it is designated as a landmark and restrictions
on the alteration of the structures apply as set forth in the
Landmarks Ordinance.
l'lliile there remains disagreement within the community about the
decision as evidenced by this appeal, the City Council has
determined that the existing structures at the 701 Ocean Avenue
site do not constitute a landmark since the findings of historic,
architectural, and cultural significance could not be made.
Thus, since the city has decided that thl3 structures on this
property are not of historic or cultural significance, their
demolition will not have a significant effect on the environment
and a full EIR is not required.
It should also be noted that no application for landmark status
may be considered again for five years following the date of the
Council decision, unless such application is filed by the owner
of the property. The City Council rules which allow for
reconsideration of a decision within a one year period are
procedural in nature and do not supersede the Landmarks
Ordinance.
Planning staff believes that the project design could be improved
and is recommending special conditions to .:l.ddress this concern.
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The structure extends 190 feet along Ocean Avenue. The only
variation provided along this expanse is the change in the front
yard setback; a 20 foot setback is provided for approximately 81
feet while the remaining portion of the building is setback 45
feet. The structure does not step back from any elevation and,
given the building's overall bulk, the provision of step backs
would balance the project's massing and provide the opportunity
to design a more interesting facade.
In addition, given the Ocean Avenue location across from
Palisades Park, the project should consider added pedestrian
oriented design elements. Palisades Park is among the City's
most significant public amenities, used by visitors, walkers and
joggers. The proj ect 's design should acknowledge this resource
and include details that are scaled to the pedestrian so that the
building does not overwhelm the streetscape, as do a number of
existing buildings along Ocean Avenue.
Another concern with the project is the unit layout. The units
have little individuality and minimal natural light. Only eight
units in the project have a bathroom with openable windows. In
addition, 27 of the 39 units have kitchens as well as second
bedrooms that do not have openable windows. The only natural
light to these rooms is provided through a light well located
adj acent to the bedroom and kitchen in each unit. However, as
previously noted, since the floor plans are typical, each light
well is shared between four units. To reduce noise impacts, the
light vlell windows are to be sound sealed and double glazed.
While this arrangement does allow for natural light, there will
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be no access to fresh air. Given the lot size and project
density, staff believes the floor plans could be redesigned to
consider these issues. To address these design concerns, staff
has included three new conditions of approval as part of this
report. Prior to submittal to the ARB the applicant will be
required to modify the project design.
Architectural Review Board Comments
Prior to the Planning Commission's review, the applicant
requested that the Architectural Review Board conceptually review
the building plans, colors, materials, landscaping, and
irrigation plans. Although the project is subject to the City
water conservation ordinance, the Board determined that the
project should be permitted to have more that 20 percent of the
total landscaped area to be non-water conserving in order to
provide plant materials that are compatible with Palisades Park.
In addition, the Board complemented the selection of building
materials, which include pink/grey granite, pink limestone,
blue-green glass, copper awnings with verdi9ris finish, and metal
balcony railings.
Conclusion
The proposed condominium project complies with all applicable
provisions of the zoning Ordinance and the General Plan. The
Initial study determined that the project would not have a
significant effect on the environment, meriting adoption of a
Negative Declaration. In addition, the project will provide more
affordable rental housing units than required by City ordinances.
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BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOl'1M.ENDATION
It is respectfully recommended that the Council deny the appeal
and uphold the decision of the Planning Commission to approve
Conditional Use Permit 89-001, Development Review 89-003, Tract
Nap 36409, and approve a Negative Declaration for the Initial
study, EIA 913 with the findings and conditions contained in the
October 25, 1989 Planning Commission Statement of Official Action
and the following additional conditions.
1. The project's floor plans shall be redesigned so that
all bedrooms have openable windows and at least one
bathroom per unit has an openable window.
2. The project shall be redesigned to incorporate
stepbacks at the third and fourth floors along the
Ocean Avenue and palisades Avenue elevations, and
pedestrian oriented design details such as exterior
street entrances to the ground floor units and/or more
attention to the design of the main lobby entrance, and
to improve the building's compatibility with Palisades
Park and the overall streetscape. This redesign shall
also consider increasing the individuality of each
dwelling unit.
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3. To insure the project continues to comply with all
Zoning
Ordinance
requirements,
these
design
modifications shall be made prior to review and
approval by the Architectural Review Board.
Prepared by: Paul Berlant, Director of Planning
Amanda Schachter, Associate Planner
Planning Division
community and Economic Development Department
Attachments: A. Appeal from Councilmember Ken Genser
B. Planning Commission Staff Report dated 9-20-89
c. Supplemental Planning Comn'ission staff Report
dated 10-25-89
D. Planning commission staten:ent of Official
Action
E. Planning Commission Minutes dated 10-25-89
F. Final Initial study, EIA 913
G. Project Plans
AS
PC/CCDR8903
12/06/89
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City a
Santa MMiica
Comml;.1Ityand EconomiC Development Depanment
Plar.n:ng and ZonIng Division
(2' 3) 458-834'
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CITY PLANNING DIVISION
Community and Economic Development Department
MEMORANDUM
DATE: September 20, 1989
TO: The Honorable Planning Commission
FROM: Planning staff
SUBJECT: CUP 89-001, DR 89-003, TM 36409 and EIA 913
Address:
Applicant:
701 Ocean Ave
Taico Properties, Inc.
Action: Application for a Conditional Use permit, Development
Review Permit, and adoption of a Negative Declaration for the
construction of a four story, 39 unit condominium project on a
41,958 sq ft parcel in the R4 zone (High Density Multiple Family
Residential) .
Recommendation: Adoption of Negative Declaration and Approval
with conditions.
Permit streamlining Expiration Date: October 3, 1989
SITE LOCATION AND DESCRIPTION
The subj ect property is a 41,958 sq. ft. parcel located on the
south side of Palisades Avenue between Ocean Avenue and 4th
Street having a frontage of 186.48 feet. Surrounding uses con-
sist of a two story 31 unit apartment building (R4) to the north I
a three story 55 unit apartment building (R4) to the south, a 12
unit condominium/apartment building and a four story 32 unit
apartment building (R4 and Rl) to the east, and Palisades Park
(R4) to the west.
Zoning District: R4
Land Use Districts: High Density Multiple Family Residential
Parcel Area: 186.481 x 225' = 41,958 square feet
PROJECT DESCRIPTION
Proposed to be removed are an existing 18 unit apartment building
and one single family home with three apartment units. Proposed
for construction is a four story, 39 unit condominium building
over a two level subterranean parking garage with 96 spaces. The
garage would be accessed from First Court (the alley on the east
side of the parcel). All units would be single story with two
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bedrooms and two or two and one half baths. A roof top swimming
pool and garden will be included.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in
conformity with the General Plan as shown in Attachment A.
CEQA STATUS
An Initial study has determined that the project will not have a
significant effect on the environment; a Negative Declaration has
been recommended.
RENT CONTROL STATUS Existing units have been removed under the
Ellis Act.
FEES
The proposed 39 unit condominium is subject to a Parks and Recre-
ation Facility Tax of $200.00 per unit and a Condominium Tax of
$1000.00 per saleable residential unit.
ANALYSIS
Background:
Related project: In a separate but related project, the developer
has obtained approval for a 28 unit apartment building at 2107
5th street. 2107 5th is related to the proposed project in that
the applicant obtained Coastal Commission approval in 1979 for a
45 unit condominium project at the Ocean Avenue site. One of the
conditions of approval was development of replacement rental
housing at the 5th street site. The Coastal permit for both
projects is still valid and the applicant is intending to satisfy
the conditions of that Coastal permit, as well as current city
requirements through linking the two projects. It is the
developer's expressed interest that units to be provided at 2107
5th satisfy Program 10 and Program 12 requirements for 701 Ocean.
Program 10 requires replacement of the 22 rental units to be
removed from 701 Ocean. program 12 requires either the payment
of $226,482.28 in in-lieu fees (at the present fee schedule) or
the provision of 6 rental units deed restricted as affordable to
middle income households. The applicant has expressed a willing-
ness to enter an agreement with the city, whereby Program 12 re-
quirements for 701 Ocean shall be satisfied by deed restricting
up to 23 units (in addition to the four which are already re-
stricted) at 2107 5th, to be affordable to a combination of low
and moderate income households, per the restrictions of Program
12 inclusionary units.
Current program 10 requirements for 701 Ocean would be satisfied
by the proposed 39 unit condominum project. The draft Program 10
implementing ordinance reviewed by the City Council contains a
specific section [Section 9448 (a) (3) J which will address the
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situation of this particular project such that if the implement-
ing ordinance is adopted, Program 10 requirements would be satis-
fied at the 5th street project, which will provide a greater num-
ber of replacement rental housing units than are presently at the
Ocean Avenue site.
No agreement has, as yet, been formalized for the satisfaction of
either program 10 or Program 12 on the 701 Ocean project. Find-
ings for such an agreement could be made, based on the objective
expressed in the Land Use Element, to increase the amount of af-
fordable housing. This offer from the applicant would result in
a substantially larger number of affordable rental units being
created as compared to payment of a Program 12 in-lieu fee.
Final Tract Map Approved: Tract Map 36409 for 701 Ocean was adop-
ted by resolution no. 6166 C.C.S. on January 14, 1981 by the city
Council of the City of Santa Monica.
Proposal: The applicant has proposed the construction of a 39
unit condominium building over a 96 space, two-level subterranean
parking garage. The building would be 4 stories, 45' in height
as measured from the average natural grade. The proposed con-
dominium meets all applicable Planning and Zoning requirements
regarding density, height, setbacks, lot coverage and parking.
The proposed project is at a lower density than allowed by code.
Up to 47 units are permitted; the application is for 39 units.
The proposed building includes 39, single-story units, with nine
units on the first floor and ten units each on floors two through
four. All units have at least one exterior wall with three units
on each floor having two or more exterior walls. Those units
with only one exterior wall feature 10' x 10' light wells provid-
ing natural light to the bedroom and kitchen at the interior of
the building. All units have at least one outdoor patio or deck.
In addition to dwelling units, the first floor contains a lobby
and mail room. The rooftop features a swimming pool, spa and
garden.
Parking will be provided in the tWO-level, subterranean parking
garage. The garage will contain 96 spaces, ten more than re-
quired by the City of Santa Monica. A total of 86 spaces are
required, 78 spaces for the residents (2 spaces per two bedroom
unit) and 8 guest spaces. The city Parking and Traffic Engineer
has approved a parking and circulation plan for the project.
In response to concerns raised by staff and by the Initial study,
the applicant has modified the design of the building and land-
scaping to be more compatible with development in the area. The
modified design has provided greater articulation, a more
pedestrian-oriented design, and landscaping to reflect the
materials and design of Palisades Park.
Traffic Analysis: 230 daily trips are expected from the proposed
proj ect, which is 100 more per day than the existing use. A
traffic and parking analysis, prepared by Kaku and Associates,
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identified four intersections for in-depth level of service
analysis as part of the overall analysis. The change that would
result from this project, as well as the traffic generated by
cumulative growth and development, will not have a significant,
long-range impact at any of the four intersections analyzed.
Landmark Consideration: The existing structure on the site
(Rivington Place), was designated a City Landmark by the Land-
marks Commission. This was overturned by the City Council on
November 1, 1988. In commenting on the Initial study, the Land-
marks commission has requested that the City council reconsider
this decision. SMMC, section 9608 (N) does not permit recon-
sideration of a disapproval within a period of five years from
the effective date of the final action (i.e., not before November
1, 1993). Furthermore, on March 23, 1989, the Nuisance Abatement
Board declared the property at 701 Ocean to be a nuisance. Such
status allows the demolition of the structures on site, indepen-
dent of approval of the proposed project.
CONCLUSION
In addition to a larger number of affordable housing units being
provided, the proposed condominium complies with all applicable
provisions of the Zoning Ordinance and the General Plan and is
expected to have no significant impacts on the environment;
therefore, the Negative Declaration merits adoption and the ap-
plication merits approval.
RECOMMENDATION
It is recommended that the Planning commission adopt the Negative
Declaration and approve Conditional Use Permit 89-001, and
Development Review Permit 89-003.
NEGATIVE DECLARATION FINDINGS
The Planning Commission hereby finds that the Final Initial study
and Negative Declaration should be certified in that:
1. The Commission has reviewed and considered the contents of
the Final Initial study and Negative Declaration,consisting of
the Draft Initial study and Negative Declaration, public
comments, and responses.
2. The Final Initial study and Negative Declaration adequately
review and analyze potential environmental effects of the
proposed project.
3. The environmental review was conducted in accordance with
applicable state and city CEQA guidelines including preparation,
notification, and content requirements.
4. A Negative Declaration is appropriate, in that the Initial
study provides sufficient data to support a finding that the
project will not have a significant effect on the environment.
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DEVELOPMENT REVIEW FINDINGS
1. The physical location, size, massing, and placement of
proposed structures on the site and the location of pro-
posed uses within the project are compatible with and re-
late harmoniously to surrounding sites and neighborhoods,
in that required setbacks are provided, the proposed
building complies with pertinent development standards and
is within the range of building size in the neighborhood
(two story to twelve story residential buildings).
2. The rights-of-way can accommodate autos and pedestrians,
incl uding parking and access, in that the proj ect would
provide 96 parking spaces, ten more than required by SMMC,
Section 9044. 1, and a parking and traffic analysis ( in-
cluding auto, pedestrian and bicycle usage) performed by
Kaku and Associates, concluded that neither the project
nor cumulative growth would have any significant impacts
at any of the intersections studied.
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 and services, and the project
will be required to comply with Ordinance No. 1451 reg-
ulating the rate of wastewater increase handled by the
city's sewer system and Hyperion Treatment Plant.
4.
The proj ect is consistent
General Plan, in that it
regulations.
wi th the Municipal Code and
conforms to the R4 zoning
5. Reasonable mitigation measures have been included for all
adverse impacts identified in an Initial study as
described in Attachment B, the Final Initial Study con-
ducted by Robert Bein, william Frost and Associates.
CONDITIONAL USE PERMIT FINDINGS
6. 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 R4 zoning regulations.
7. 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 and it has incorporated general
design elements of the surrounding district.
8. The subject parcel is physically suitable for the type of
land use being proposed, in that the proposed project is
less than the allowed density in the R4 zone.
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.
9. 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 area is developed with mUlti-family residential
projects.
10. 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 and
services.
11. Public access to the proposed use will be adequate, in
that the site is adequately served by existing streets and
alleys.
12. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that required setbacks are pro-
vided and the building mass is within the range of exist-
ing buildings in the neighborhood (two story to 12 story
residential buildings).
13. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the project site
is located in the high density mUltiple residential dis-
trict and complies with the applicable regulations.
14. The proposed use would not be detrimental to the publ ic
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 buiding and the applicant will provide
a geotechnical study which will include mitigation mea-
sures, if applicable, for the project, prior to issuance
of a building permit.
15. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the area
is zoned for high density mUltiple family residential use.
SPECIAL CONDITIONS
1. The Architectural Review Board, in their review, shall pay
particular attention to the landscaping and building
design to ensure that the materials and design are com-
patible with development in the area, especially Palisades
Park. The Board shall carefully review plans for the
transplanting of existing landscape materials so as to
ensure success.
2. 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
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.
shall be recorded with the Los Angeles County Recorder's
Office as a part of the deed of the property at 2107 5th
street to ensure that 23 affordable units (of which not
less than 12 will be low-income affordable units, with the
remaining units affordable to households earning not
greater than moderate income) are provided at the property
at 2107 5th Street and maintained over time and through
subsequent sales of the property. Said units will be in
addition to the four units deed restricted at 2107 5th
street as recorded with the Los Angeles County Recorder on
March 30, 1989. A low-income affordable unit shall be
defined as being affordable to households with incomes not
exceeding 80% of the (RUD) Los Angeles county median in-
come, expending not over 30% of monthly income on housing
costs, as specified by the Housing Division of the Depart-
ment of Community and Economic Development. A moderate-
income affordable unit shall be defined as being afford-
able to households with incomes not exceeding 120% 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 the
issuance of building permits for 701 Ocean. Such agree-
ment shall specify 1) responsibilities of the developer
for making the unites) available to eligible tenants and
2) responsibilities 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 the is-
suance of building permits for 701 Ocean Avenue.
This provision is intended to satisfy the inclusionary
housing requirements of Program 12 of the Housing Element
of the General Plan of the City of Santa Monica ("program
12").
3. Prior to the issuance of building permits, the developer
shall enter an agreement with the City whereby the provi-
son of 28 rental units at 2107 5th Street shall satisfy
program 10 requirements for the demolition of 22 rental
housing units at the Ocean Avenue site.
4. The applicant shall provide a geotechnical stUdy which
will include potential impacts due to the location of the
rOOf-top swimming pool, and will include mitigation mea-
sures if applicable for the project, prior to issuance of
building permits.
5. Construction shall be limited pursuant to the City'S con-
struction hours ordinance.
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.
6. The windows to the light wells of the condominium units
will be sound sealed and double glazed to reduce noise
impacts. These windows will also be operable for
ventilation.
7. All exterior lighting shall be unobstructed and construct-
ed or located so that only the intended area is illumi-
nated, long-range visibility is reduced, and off-site
glare is minimized.
8. Security lighting shall be directed inward and shielded
from adjacent uses at the periphery of the site.
9. Appropriate procedures for photographing and documenting
the courtyard structure shall be implemented by a
qualified historian approved by the city. The original,
measured drawings of the courtyard building which were
prepared by Donald Parkinson will be submitted by the ap-
plicant for inclusion in the City Planning Division files.
Records of this structure will also be placed with the
City of Santa Monica Historical Society.
10. The juniper trees which currently landscape the existing
building will be retained and incorporated into project
design wherever possible. Juniper trees which cannot be
retained at their present location will be removed and
transplanted.
CONDITIONS
Plans
1. This approval is for those plans dated March 8, 1989, a
copy of which shall be maintained in the files of the
City Planning Division. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
2. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
4. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be 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.
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.
5. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
6. 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
7. 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 eet pay such new development fees I and
that employers within the project pay such new annual em-
ployer fees related to the City I 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 of
issuance of a building permit for the construction or
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.
9. 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.
Demolition
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) .
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.
12. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum
perIni tted 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.
14. Prior to issuance of a certificate of occupancy for this
project, the project shall comply with any ordinance adop-
ted by the city Council to implement Program 10 of the
Housing Element. In the event that such an ordinance has
not been adopted prior to the issuance of a certificate of
occupancy for this development project, this condition
shall be of no further force and effect. Failure to adopt
and implementing ordinance shall not excuse a developer
from the obligation to comply with any other condition
imposed in connection with program 10 of the Housing
Element.
Construction
l5. 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.
16. 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.
17. 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.
18. 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.
19. A construction period mitigation plan shall be prepared by
the appl icant for approval by the Department of General
Services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
architect; 2) Describe how demolition of any existing
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.
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
contruction 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.
20. 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.
21. 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
22. 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 Conditions
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
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
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.
maintenance and other standards
Subchapter.
contained
in the
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
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 I 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.
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.
Monitoring of Conditions
33. Pursuant to the requirements of Public Resources Code
Section 21081.6, the City Planning Division will coordi-
nate a monitoring and reporting program regarding any re-
quired changes to the proj ect made in conj unction with
project approval and any conditions of approval, including
those conditions intended to mitigate or avoid significant
effects on the environment. This program shall include,
but is not limited to, ensuring that the Planning Division
itself and other city divisions and departments such as
the Building Division, the General Services Department,
the Fire Department, the Police Department, the community
and Economic Development Department and the Finance De-
partment are aware of project requirements which must be
satisfied prior to issuance of a Building Permit, Certifi-
cate of Occupancy, or other permit, and that other respon-
sible agencies are also informed of conditions relating to
their responsibilities. Project owner shall demonstrate
compliance with conditions of approval in a written report
submitted to the Planning Director and Building Officer
prior to issuance of a Building Permit or Certificate of
Occupancy, and, as applicable, provide periodic reports
regarding compliance with such conditions.
ATTACHMENTS
Attachment A: Municipal Code Conformance
Attachment B: Radius Map
Attachment c: statistical Information Sheet
Attachment D: Acknowledgement of state Clearinghouse review
requirements
Attachment E: Final Initial study and Neighborhood Impact
Statement
Attachment F: Project Plans
Attachment G: Approved and Recorded Final Tract Map 36409
Prepared by: Jeffrey Heilman, Assistant Planner
JH
PC:xx8900l
11/20/89
- 13 -
.
ATTACHMENT A
.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
category
Land Use
Municipal Code Element
Permitted Use multi-residential
Density
Height
Setbacks
Front yard
Sideyard
Rearyard
Lot Coverage
Parking
Landscaping
1 unit/900 sq ft = 47 units
4 stories, 451
20'
20'
151
50%
78 resident, 8 guest spaces
50% of front yard and
in compliance with xeriscape
- 14 -
Project
multi-residential
39 units
4 stories, 45'
20'
20'
151
50%
96 spaces
50% of front yard
pending ARB
review
.
.
Attc..c1rL Yn-en\-- C
CITY PLANNING DIVISION
community and Economic Development Department
MEMORANOUM
DATE: October 25, 1989
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: SUPPLEMENTAL STAFF REPORT
CUP 89-001, OR 89-003, TM 36409 and EIA 913
Address:
Applicant:
701 Ocean Ave
Taico properties, Inc.
ANALYSIS
Because a final tract map was approved for this project in 1981,
the staff report for the september 20, 1989 Planning commission
hearing for this application does not include conditions for ten-
tative tract map approval. Thus, the project would not be sub-
ject to the current condititons typically placed on the approval
of tentative or final tract maps, including certain conditions
relating to the form and content of condominium by-laws and CC &
R's and to off-site improvements.
In addition, the conditions of approval for this application re-
quire that the city shall obtain/provide assurance that each con-
dition of approval has been met. Attached to this supplemental
staff report is a rec01T\lll.ended Mitigation Monitoring Program to
satisfy this condition.
RECOMMENDATI9N: In order to ensure that this project will comply
wi th all current standard conditions placed on the approval of
condominium projects, it is recommended that the following condi-
tions be added to those in the original staff report, and it is
further recommended that the attached Mitigation Monitoring Pro-
gram be adopted.
ADDITIONAL CONDITIONS
34. Prior to issuance of a building permit, Condominium As-
sociation By-Laws and a Declaration of CC & R's shall be
recorded fOllowing review and approval by the city Attor-
ney. The CC & R' s shall contain a non -discrimination
clause as presented in Section 9392 (SMMC) and in the case
of condominiums, contain such provisions as are required
by Seetin 9122E (SMMC).
35. All off-site improvements required by the city Engineer
shall be installed. Plans and specifications for off site
- 1 -
.
.
improvements shall be prepared by a registered civil en-
gineer and approved by the City Engineer.
36. Prior to issuance of building permits, a subdivision im-
provement agreement for all off site improvements required
by the City Engineer shall be prepared and a performance
bond posted through the city Attorney's office.
Attachments:
A: Proposed Mitigation Monitoring Program
Prepared by: Jeffrey Heilman, Assistant Planner
JH
PC:supxOOl
10/23/89
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.
.
tj//z--o cP ?
(2- 13
.
f
STATEMENT OF OFFICIAL ACTION
U r., ....-~-1
,ULf. ,-u :'
PROJECT
NUMBER: CUP 89-001, DR 89-003, EIA 913
LOCATION: 701 Ocean Avenue
APPLICANT: Taico Properties, Inc.
REQUEST: Adoption of a Negative Declaration and approval
of Conditional Use Permit 89-001 and Development
Review Permit 89-003 to allow the construciton of
a four story, 39 unit condominium project on a
41,958 sq ft parcel in the R4 zone.
PLANNING COMMISSION ACTION
10/25/89
XX
Date.
Approved project based on the following findings
and subject to the conditions below.
Denied.
Other.
NEGATIVE DECLARATION FINDINGS
The Planning Commission hereby finds that the Final Initial study
and ~e9ative Declaration should be certified in that:
1. The Commission has reviewed and considered the contents of
the Final Initial Study and Negative Declaration,consisting of
the Draft Initial Study and Negative Declaration, public
comments, and responses.
2. The Final Initial study and Negative Declaration adequately
review and analyze potential environmental effects of the
proposed project.
3. The environmental review was conducted in accordance with
applicable state and city CEQA guidelines including preparation,
notification, and content requirements.
4. A Negative Declaration is appropriate, in that the Initial
study provides sufficient data to support a finding that the
project will not have a significant effect on the environment.
- 1 -
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.
DEVELOPMENT REVIEW FINDINGS
1. The physical location, size, massing, and placement of
proposed structures on the site and the location of pro-
posed uses within the project are compatible with and re-
late harmoniously to surrounding sites and neighborhoods,
in that required setbacks are provided, the proposed
building complies with pertinent development standards and
is within the range of building size in the neighborhood
(two story to twelve story residential buildings).
2. The rights-of-way can accommodate autos and pedestrians,
including parking and access, in that the proj ect would
provide 96 parking spaces, ten more than required by SMMC,
Section 9044.1, and a parking and traffic analysis (in-
cluding auto, pedestrian and bicycle usage) performed by
Kaku and Associates, concluded that neither the project
nor cumulative growth would have any significant impacts
at any of the intersections studied.
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 and services, and the project
will be required to comply with Ordinance No. 1451 reg-
ulating the rate of wastewater increase handled by the
Cityts sewer system and Hyperion Treatment Plant.
4. The project is consistent with the Municipal Code and
General Plan, in that it conforms to the R4 zoning
regulations.
5. Reasonable mitigation measures have been included for all
adverse impacts identified in an Initial study as
described in Attachment B, the Final Initial study con-
ducted by Robert Bein, William Frost and Associates.
CONDITIONAL USE PERMIT FINDINGS
6. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions ot the Itcity of Santa Monica comprehensive Land
Use and Zoning Ordinance", in that the proposed condomini-
um contorms to the R4 zoning regulations.
7. 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 and it has incorporated general
design elements ot the surrounding district.
8. The subject parcel is physically suitable for the type of
land use being proposed, in that the proposed project is
less than the allowed density in the R4 zone.
- 2 -
.
.
9. The proposed use would be compatible with existing and perrnissibl
district and the general area in which the proposed use is to be
area is developed with multi-family residential projects.
10. 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 and
services.
11. Public access to the proposed use will be adequate, in
that the site is adequately served by existing streets and
alleys.
12. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that required setbacks are pro-
vided and the building mass is within the range of exist-
ing buildings in the neighborhood (two story to 12 story
residential buildings).
13. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the project site
is located in the high density multiple residential dis-
trict and complies with the applicable regulations.
14. 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 buidin9 and the applicant will provide
a geotechnical study which will include mitigation mea-
sures, if applicable, for the project, prior to issuance
of a building permit.
15. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the area
is zoned for high density multiple family residential use.
SPECIAL CONDITIONS
1. The Architectural Review Board, in their review, shall pay
particular attention to the landscaping and building
design to ensure that the materials and design are
compatible with development in the area, especially
Palisades Park. The Board shall carefully review plans
for the transplanting of existing landscape materials so
as to ensure success.
2. The developer shall covenant and agree with the city of
Santa Monica to specific terms, conditions and restric-
tions upon the possession, use and enjoyment of the sub-
j ect property, which terms , conditions and restrictions
shall be recorded with the Los Angeles County Recorder's
Office as a part of the deed for the property at 2107 5th
- 3 -
. .
street. The conditions and restrictions shall ensure that
23 affordable units (of which not less than 12 will be
low-income affordable units, with the remaining units af-
fordable to households which are at or below moderate-
income levels) are provided at the property at 2107 5th
street and maintained over time and through subsequent
sales of the property. Said units will be in addition to
the four units already deed restricted at 2107 5th street
as recorded with the Los Angeles County Recorder on March
30, 1989. A low-income affordable unit shall be defined
as being affordable to households with incomes not exceed-
ing 80% of the (HOD) 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. A moderate-income
affordable unit shall be defined as being affordable to
households with incomes not exceeding 120% 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 the
issuance of building permits for 701 Ocean AVenue. Such
agreement shall specify 1) responsibilities of the
developer for making the unit (8) available to eligible
tenants and 2) responsibilities of the City of Santa Moni-
ca to prepare application forms for potential tenants,
establish criteria for qualifications, and monitor com-
pliance with the provisions of the agreement. In es-
tablishing lists of qualified tenants for occupancy of
units located at 2107 Pacific, tenants who have been evic-
ted from 701 Ocean Avenue pursuant to the Ellis Act shall
be given first priority, provided that such tenants meet
income eligibility criteria established for the units, as
set forth above.
Owner shall provide the City Planning Division with a
conformed copy of the recorded agreement prior to the is-
suance of building permits for 701 Ocean Avenue. Owner
shall obtain a certificate of occupancy for the above-
described project at 2107 5th street and shall rent the
units in that project to qualifying tenants prior to is-
suance of a certificate of occupancy for the project lo-
cated at 701 Ocean Avenue.
".
...
This provision is intended to satisfy the inclr.lsionary
housing requirements of Program 12 of the Housing Element
of the General Plan of the City of Santa Monica ("Program
l2t1).
3. Prior to the issuance of building per1'l\its, the developer
shall enter an agreement with the city whereby the provi-
son of 28 rental units at 2107 5th street shall satisfy
Program 10 requirements for the demolition of 22 rental
housing units at the Ocean Avenue site.
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4. The applicant shall provide a geotechnical study which
will include potential impacts due to the location of the
roof-top swimming pool, and will include mitigation mea-
sures if applicable for the project, prior to issuance of
building permits. Building and Safety shall pay particu-
lar attention to these issues in its review of the project
relative to the project's location within a hazard manage-
ment zone.
5. construction shall not begin before 8:00 a.m. on any given
day and shall be otherwise limited pursuant to the City's
construction hours ordinance.
6. The windows to the light wells of the condominium units
will be sound sealed and double glazed to reduce noise
impacts. These windows will also be operable for
ventilation.
7. All exterior lighting shall be unobstructed and construct-
ed or located so that only the intended area is illumi-
nated, long-range visibility is reduced, and off-site
glare is minimized.
8. security lighting shall be directed inward and shielded
from adjacent uses at the periphery of the site.
9. Appropriate procedures for photographing and documenting
the courtyard structure shall be implemented by a
qualified historian approved by the City. The owner shall
submit measured drawings of the existing courtyard build-
ing to the City Planning Division for inclusion in the
city Planning Division files. Records of this structure
will also be placed with the City of Santa Monica Histori-
cal Society.
10. The juniper trees which currently landscape the existing
building will be retained and incorporated into project
design wherever possible. Juniper trees which cannot be
retained at their present location will be removed and
transplanted.
11. The owner shall construct a 6' screen wall parallel and
adjacent to the south (rear) property line.
12. A qualified entity, mutually agreed upon by the owner and
the City, shall manage the units at 2107 5th street.
Priority shall be given to a non-prOfit entity.
CONDITIONS
Plans
1. This approval is for those plans dated March 8, 1989, a
copy of which shall be maintained in the files of the
City Planning Division. project development shall be
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consistent with such plans, except as otherwise specified
in these conditions of approval.
2. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
4. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be 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.
5. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be sUbject to review and ap-
proval by the Architectural Review Board.
6. 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
7. 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.
8. 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 unit(s) on the subject lot,
per and subject to the provisions of section 6670 et seg.
of the Santa Monica Municipal Code.
9. 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.
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Demolition
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
permi tted 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.
14. Prior to issuance of a certificate of occupancy for this
project, the project shall comply with any ordinance adop-
ted by the City council to implement Program 10 of the
Housing Element. In the event that such an ordinance has
not been adopted prior to the issuance of a certificate of
occupancy for this development proj ect, this condition
shall be of no further force and effect. Failure to adopt
and implementing ordinance shall not excuse a developer
from the obligation to comply with any other condition
imposed in connection wi th program 10 of the Housing
Element.
Construction
15. 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.
16. 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.
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17. 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.
18. 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.
19. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General
Services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
architect; 2) Describe how demolition of any existing
structures is to be 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; S) 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
contruction 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.
20. 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.
21. 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.
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Environmental Mitigation
22. 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 Conditions
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
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 n~mber 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.
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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 pre-
pared by the Planning Division, agreeing to the Conditions
of approval and acknowledging that failure to comply with
such conditions shall constitute grounds for potential
revocation of the permit approval. By signing same, ap-
plicant shall not thereby waive any legal rights applicant
may possess regarding said conditions. The signed state-
ment 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.
Monitoring of Conditions
33. Pursuant to the requirements of Public Resources Code
Section 21081.6, the City planning Division will coordi-
nate a monitoring and reporting program regarding any re-
quired changes to the project made in conjunction with
project approval and any conditions of approval, including
those conditions intended to mitigate or avoid significant
effects on the environment. This program shall include,
but is not limited to, ensuring that the Planning Division
i tsel f and other City divisions and departments such as
the Building Division, the General services Department,
the Fire Department, the Police Department, the Community
and Economic Development Department and the Finance De-
partment are aware of project requirements which must be
satisfied prior to issuance of a Building Permit, Certifi-
cate of Occupancy, or other permit, and that other respon-
sible agencies are also informed of conditions relating to
their responsibilities. proj ect owner shall demonstrate
compliance with conditions of approval in a written report
submitted to the Planning Director and Building Officer
prior to issuance of a Building Permit or Certificate of
Occupancy, and, as applicable, provide periodic reports
regarding compliance with such conditions.
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34. Prior to issuance of a building permit, Condominium As-
sociation By-Laws and a Declaration of CC & Rls shall be
recorded following review and approval by the City Attor-
ney. The CC & R' s shall contain a non-discrimination
clause as presented in Section 9392 (SMMC) and in the case
of condominiums, contain such provisions as are required
by Section 9122E (SMMC).
35. 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.
36. Prior to issuance of building permits, a subdivision im-
provement agreement for all off site improvements required
by the City Engineer shall be prepared and a performance
bond posted through the City Attorney's office.
37. As a mitigation monitoring program, the City shall
obtain/provide assurances that each condition of approval
(referenced below) and defined in this Statement of
Official Action has been met. The City department listed
next to each condition number shall be responsible for
ensuring that compliance is obtained. The date of
compliance shall be noted herein.
The responsible department shall conduct single or
periodic monitoring, as appropriate, to ensure condition
compliance. If a condition requires on-going action, the
applicant shall report annually in writing to the
responsible City department which will verify compliance.
Each responsible department may require the applicant to
supply data as are needed to verify compliance.
Department Date
Special Conditions:
l. Planning
2. Planning
3. Planning
4. Engineering
5. Building and Safety
compliance Deadline
Prior to Building
Permits
Prior to Building
Permits
Prior to Building
Permits
Prior to Bulding
Permits
Throughout
construction
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6. Building and Safety Prior to Certificate
of Occupancy
7. Building and Safety Prior to certificate
of Occupancy
8. Building and Safety Prior to Certificate
of Occupancy
9. Planning Prior to Building
Permits
Department Date Compliance Deadline
10. Planning Prior to Certificate
of Occupancy
11- Planning Prior to certificate
of occupancy
12. Planning Prior to Certificate
of Occupancy
13. Parking & Traffic Prior to Building
Permits
standard Conditions:
5. Planning Prior to Building
Permits
6. Planning Prior to Building
Permits
7. Parking & Traffic Annual Compliance
8. Building & safety Prior to Building
Permits
9. Recreation & Parks Prior to certificate
of Occupancy
10. Building & Safety Prior to Building
Permits
11- Recreation and Parks Prior to Certificate
of Occupancy
12. Building & Safety Prior to Building
Permits
13. Building and Safety Prior to Building
Permits
14. Planning Prior to Certificate
ef Occupancy
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15. Building and Safety Prior to Building
Permits
16. General Services Prior to Building
Permits
17. General Services Prior to Building
Permits
18. Recreation & Parks Prior to Certificate
of Occupancy
19. General Services Prior to Building
Permits
20. Building & Safety Prior to Building
Pend ts
Department Date Compliance Deadline
21- Building & Safety Prior to Building
Permits
22. General Services Prior to certificate
of occupancy
23. Planning Prior to Certificate
of Occupancy
24. Planning Prior to Certificate
of Occupancy
25. Planning Prior to Building
Permits
26. General services prior to Building
Permits
27. Planning Prior to Building
Permits
28. Planning Prior to Building
Permits
29. Planning Prior to Building
permits
30. Building and Safety Prior to certificate
of Occupancy
31. Planning Prior to Buildinq
permits
32. Planning Prior to Building
Permits
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33. Planning Prior to Building
Permits
34. Planning Prior to Building
Permits
35. City Engineer Prior to Building
Permits
36. Planning Prior to Building
Permits.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Kaufman, Lambert, Nelson, Rosenstein
Kechur, Farivar
Pyne
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 supercede Pub 1 ic
Resources Code section 21167, which governs the time within which
judicial review of the City's acts or decisions in connection
with the California Environmental Quality Act must be sought.
I hereby certify that this state.ent of otficial Action accurate-
ly reflects the final determination of the Planning Commission of
the City of Santa Xonica.
signature
date
print name and title
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I hereby agree to the above conditions of approval and
acknowledqe that failure to comply with such conditions shall
constitute qroun4s for potential revocation of the permit
approval.
Applicant's Signature
print Name and Title
PC/stoa701
JH:nh
11/13/89
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