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SR-12-B (16) 'It) Z - ()tJ ~ J~-B JUL 1 0 1990 Santa Monica, California . . C/ED:PB:DKW:LM PC/cc89101 council Ntg: July 10, 1990 TO: Mayor and city council FROM: City staff SUBJECT: Appeal of Planning Commission conditional approval of Conditional Use Permit (CUP) 89-101 and vesting Tentative Parcel Map (TPM) 21564 for a two story plus loft, three unit condominium development at 639 Pacific street. Appl icant : Bernard Leger, et al. Appellant: Michael FOlonis, AlA for Bernard Leger, et a1. INTRODUCTION This report recommends that the subject appeal be upheld, and the Planning commission's conditional approval of CUP 89-101 and vesting TPM 21564 be modified as recommended herein. The applicant/appellant is requesting that the proposed design be approved as submitted, and the conditions of approval requiring modification of the building's design be deleLed. staff is recommending that the condition requiring conventionally sloped roofs and use of a recognized Ocean Park design style ie. craftsman, international or bungalow, be revised. BACKGROUND On March 21, 1990, the Planning commission held its first hearing on the subject application. The matter was continued for redesign. Cited in the Planning Commission Staff report, dated March 21, 1990, and contained as Attachment A of this report, were specific concerns relating to the proposal's lack of compliance with the intent of the Ocean Park zoning regulations. - 1 - I~-B JULIO 1990 . . staff also recommended design changes relating to building setback, and the reduction of loft and basement workroom floor area. On May 2, 1990, revised plans were brought before the Planning Commission. Setback and loft issues had been addressed, thereby meeting staff's concerns regarding lack of compliance with code. There remained, however, an issue relating to the size of the basement workrooms and the requirement that these workrooms be counted as bedrooms for purposes of determining parking requirements. The Planning Commission subsequently approved the proposal, SUbject to specific conditions modifying the building's roof design, architectural style and the size of the basement workrooms, by a vote of 6-1. The OP2 zoning district permits a maximum building height of 23', or 30' with a 1 in 3 roof pitch. The subject proposal attempts to comply with those requirements by providing a shed roof over the central portion of the building that slopes upward, toward the front and rear of the building (an inverse roof pitch). The roof technically has a 1 in 3 pitch. Vaulted roofs are used over portions of the building to exceed the 23' height limit imposed on flat roofs. A more complete description of the project may be found in the Planning Commission staff report dated May 2, 1990, and contained as Attachment B of this report. staff concluded that the neighborhood in which the proj ect is proposed is not the "typical" Ocean Park neighborhood, and that there are a large number of recently constructed, non-craftsman - 2 - . . style multi-family residential structures on the block. It was further noted that the block did not contain low scale buildings that the "OP" zoning regulations were designed to protect. staff determined that the roof design technically met the OP requirements relating to roof pitch, and recommended that the Planning Commission approve the proposal with a condition that the Architectural Review Board carefully review the proposal to ensure the design is compatible with the surrounding neighborhood. A condition was also proposed to require additional parking, or the reduce the basement workrooms to below 100 square feet in size. The Planning commission found that the proposed roof scheme did not meet the intent of the OP zoning regulations. The Commission conditioned the building be reduced to 23' if a flat roof, or other non-conventional roof style were used, or allowed to go to 30' only if a standard 1 in 3 roof pitch were used (Attachment C) . The Planning Commission further required that the building be redesigned in the likeness of one of the three recognized Ocean Park architectural styles (International, Craftsman or California Bungalow), that the roof decks be setback 3' from the perimeter of the building and that the driveway be setback 18" from the eastern property line to allow for placement of a landscape area. special condition #2 requires the building's overall height to be reduced or a conventional roof pitch used, and that the building be compatible with one of the recognized Ocean Park - 3 - . . architectural styles. Staff recognizes the Planning Commission's concern regarding the use of conventionally sloping roofs to achieve a 30' height limit, however staff does not agree that the OP regulations dictate specific architectural styles. staff feels that the imposition of a specific design styles on a developer or architect would appear to be beyond the scope of OP regulations. staff is recommending the inclusion of additional verbiage that would require the redesign of the project to mitigate the effect of increased height, as well as to require the ARB to closely review the proposal to ensure that it is compatible with the project neighborhood, especially along the building's street frontage elevation. ~~DGET/FINANCIAL IMPACT The recommendation presented in this report has the following budget and/or fiscal impacts): 1) A Park and Recreation Facilities Tax of $200.00 per unit and a Condominium Tax of $1,000.00 per unit. RECOMMENDATION It is respectfully recommended that the council modify the Planning Commission's conditions of approval by revising Special Condition #2 of the statement of Official Action as follows: The overall height of the building shall be reduced to 23' if a flat roof is used. If a standard 1 in 3 roof pitch is used, and if the project is redesigned to have roof heights at their lowest heights towards the perimeter of - 4 - . . the building, so as to minimize possible adverse effects of increased height on neighboring buildings, an overall height of 30' can be maintained. The ARB shall ensure that the building is compatible with the project area. The ARB shall pay particular attention to the building's street frontage elevation. Prepared by: Larry Miner, Associate Planner D. Kenyon Webster, Principal Planner Paul Berlant, Director of Planning Planning Division Community and Economic Development Department Attachments: A. March 21, 1990, Planning Commission Staff Report B. May 2, 1990, Planning Commission staff Report C. Planning Commission statement of Official Action D. Appeal Letter E. Project Plans Initials PC/cc89101 06/27/90 - 5 - . . ~D , I CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM DATE: March 21, 1990 TO: The Honorable Planning Commission FROM: Planning staff SUBJECT: CUP 89-101 and vesting TPM 21564 Address: 639 Pacific Street Applicant: Bernard Leger et al SUMMARY Action: Review of Conditional Use Permit 89-101 and Vesting Ten- tative Parcel Map 21564 to allow development of 2 story plus loft/30', 3 unit condominium project with subterranean parking for 6 cars. Recommendation: Approval with conditions Permit Streamlining Expiration Date: July 10, 1990 SITE LOCATION AND DESCRIPTION The subject property is a 6,000 sq. ft. parcel located on the north side of Pacific street between sixth and Seventh Streets. Surrounding uses consist of two story mUlti-family residences to the north, south, east and west (OP2). zoning Districts: OP2 Land Use Districts: Ocean Park Low Density Residential Parcel Area: 50' X 120' = 6,000 square feet PROJECT DESCRIPTION Proposed is the removal of a single-family residence and con- struction of a 2 story plus loft/30', 3 unit condominium with subterranean parking for 6 cars. proposed are 3 2-bedroom units. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project, as conditioned, is consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A. - 1 - . . . CEQA STATUS . I The subj ect proposal is categorically exempt per city of Santa Monica Guidelines for the Implementation of CEQA, class 3(14). RENT CONTROL STATUS A declaration for Permanent Single Family Exemption has been filed with the Rent Control Department. FEES The proposed project is subject to a Park and Recreation Facili- ties tax of $200.00 per unit and a condominium tax of $1,000.00 per saleable unit. ANALYSIS The proposed three unit condominium is subject to the Ocean Park (OP) 2 zoning requirements. As proposed, most but not all OP2 zoning requirements are met. Some of the OP zoning requirements are met with designs solutions that were probably not envisioned when the ordinance was originally drafted. The specific issues include both inward sloping and vaulted roofs that meet the mini- mum pitch requirements and thereby allow the overall building height to reach 30'. Setbacks The minimum side yard setback for that portion of a building with a secondary window, blank wall or primary ~Tindow on a side yard facing a street is to be determined with the following formula: 5' + (# of stories(2) x lot width(50))j50 = 7'. For that portion of a building with primary windows, a 12' setback must be pro- vided. Under the subject proposal none of the primary windows are setback 12' from the side property lines. setting all primary windows back 12' from side property line could result in substantial design changes. Staff recommends that the project be continued in order to ensure compliance with the setback require- ments for primary windows. Building Height The OP2 zoning district permits a maximum height of 23' or 30' with a 1 in 3 roof pitch. The subject proposal attempts to com- ply with those requirements by providing a roof over the central portion of the building with an inverse roof pitch that is at its lowest at the center of the building and slopes upward to the front and rear of the building. In addition, a portion of the building uses a vaulted roof to exceed 23' in height. Both tech- nically have a 1 in 3 roof pitch, however I the craftsman style which may have been envisioned in the OP zoning district is not achieved. The neighborhood in which the project is proposed is not the typical Ocean Park neighborhood in that there are cur- rently a number of large non-craftsman condominiums recently con- structed or under construction on the block in question, and the - 2 - Ie . . block does not retain the low scale type of structure the OP zoning was meant to protect. staff questions whether the project design meets the intent of the "opn zoning regulations which were intended to mitigate the visual mass of buildings, particularly at the streetfront. It is planning staff's opinion that the proposed roof design does not comply with the intent of the OP zoning district, and as such should be redesigned. Parking As proposed, the lofts in each each unit exceed 100 square feet in area and therefore constitute bedrooms. This increases the overall parking requirement for each unit from 2 to 2.5 spaces, and the total parking requirement for the proj ect from 6 to 8 spaces. In addition, the workspaces proposed for each unit are all considered bedrooms in that they are also over 100 square feet in size. This increases the parking requirement for each unit by another .5 spaces, thereby increasing the overall parking requirement for the proj ect to 9 spaces. The proj ect should therefore be redesigned to meet parking requirements by either eliminating the lofts and/or workshops, or providing the addi- tional parking. The subterranean garage will project to the front property line of the subj ect parcel. Under SMMC section 9040.18, decks are permitted to project a maximum of 6' into the front yard setback if not more than 3' above the average natural grade. After 6', the deck must be dropped to the grade of the adjacent sidewalk. At the front of the site the deck of the garage is approximately 2 feet above the average natural grade and approximately 3 feet above the level of the sidewalk. It is recommended as a condi- tion of approval that the deck of the garage be dropped to the level of the sidewalk within the front 14' of the property. open Space Each unit complies with the open space requirements by providing a minimum Of 100 square feet of ground level open space, the minimum dimension of which in not less than 7' in any direction. Conclusion In that the subj ect proposal does not meet the intent of the "OP" zoning regulations, and major design changes relating to parking and setbaoks are necessary, the proj ect shcmld be continued for redesigned. RECOMMENDATION It is recommended that the Planning Commis!don continue cUP 90- 012 and TPM 21954 for redesign. - 3 - -[ . . ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Category Land Use Municipal Code Element Project Permitted Use 1 unit/l,500 sq. ft. lot area = 3 d.u. max. 3 unit condo. Height 2 storieS/3D' 2 stories + loft/ 3D' Setbacks Front yard Sideyard 20' 20' 7' 71 Rearyard IS' IS' Lot Coverage 50% max. 50% Landscaping 6 parking spaces required. 50% of front yard and unexcavated side yard required. 6 parking spaces proposed. Parking 50%+ of front yard and unexcavated side yard proposed - ~ - [ . . (OD CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM DATE: May 2, 1990 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: CUP 89-101 and vesting TPM 21564 Address: 639 Pacific Street Applicant: Bernard Leger et al SUMMARY Action: Review of Conditional Use Permit 89-101 and Vesting Ten- tative Parcel Map 21564 to allow development of 2 story plus loft/30', 3 unit condominium project with subterranean parking for 6 cars. This project was continued from the March 21, 1990 meeting of the Planning commission to allow time for the applicant to address several design and code conformance issues. Some, but not all of these issues have been addressed. Conditions are recommended to deal with the remaining issues. Recommendation: Approval with conditions Permit Streamlining Expiration Date: July 10, 1990 SITE LOCATION AND DESCRIPTION The subj ect property is a 6, 000 sq. ft. parcel 1 oca ted on the north side of Pacific Street between sixth and Seventh streets. Surrounding uses consist of two story multi-famlly resldences to the north, south, east and west (OP2). Zoning Districts: OP2 Land Use Districts: Ocean Park Low Density Residentlal Parcel Area: 50' X 120' = 6,000 square feet PROJECT DESCRIPTION Proposed is the removal of a single-family residence and con- struction of a 2 story plus loft/30', 3 unit condominium with subterranean parking for 6 cars. Proposed are J 2-bedroom units. - 1 - . . MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project, as conditioned, is consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A. CEQA STATUS The subj ect proposal is categorically exempt per City of Santa Monica Guidelines for the Implementation of CEQA, class 3(14). RENT CONTROL STATUS A declaration for Permanent Single Family Exemption has been filed with the Rent Control DepartEent. FEES The proposed project is subject to a Park and Recreation Facili- ~ies tax of $200.00 per unit and a condominium tax of $1,000.00 per saleable unit. ANALYSIS The proposed three unit condominium is subject to the Ocean Park (OP) 2 zoning requirements. AS proposed, most but not all zoning requirements are met. Some of the OP zoning requirements are met with designs solutions that may not have been envisioned when the ordinance was originally drafted. The specific issues include both inward sloping and vaulted roofs that meet the minimum pitch requirements and thereby allow the overall building height to reach 30'. A second issue has to do witn Code parking requirements. Setbacks The minimum side yard setback for that portion of a building with a secondary window, blank wall or primary window on a side yard facing a street is to be determined with the following formula: 5' + (# of stories(2) x lot width(SO))/SO - 7'. For that portion of a buildinq with primary windows, a 12' setback must be pro- vided. The design for the SUbject proposal has been revised to place primary windows at least 12' from the side property lines. Building Height The OP2 zoning district permits a maximum height of 231 or 30' with a 1 in 3 roof pitch. The subject proposal attempts to com- ply with those requirements by providing a roof over the central portion of the building with an inverse roof pitch that is at its lowest at the center of the building and slopes upward to the front and rear of the building. In addition, a portion of the building uses a vaulted roof to exceed 23' in height. Both tech- nically have a 1 in 3 roof pitch, however, the craftsman style which may have been envisioned in the OP zoning district 1s not achieved. The roof design has been modified somewhat from the - 2 .-", , . prior version by extending the curved elements and slightly flat- tening them out. The neighborhood in which the project is proposed is not the typical Ocean Park neighborhood in that there are currently a number of large non-craftsman condominiums recently constructed or under construction on the block in question, and the block does not retain the low scale type of structure the OP zoning was meant to protect. The Planning Commission design meets the intent were intended to mitigate larly at the streetfront. Parking As orignially proposed, the lofts in each each unit exceeded 100 square feet in area and therefore constituted bedrooms. This would have increased the overall parking requirement for each unit from 2 to 2.5 spaces, and the total parking requirement for the project from 6 to 8 spaces. This aspect has been redesigned to 1 imi t the square footage of each loft to 99 sq. ft., which would not require added parking. should consider whether the project of the "OP" zoning regulations which the visual mass of buildings, particu- In addition, the basement "family rooms" proposed for each unit are all considered bedrooms in that they are also over 100 square feet in size. This increases the parking requirement for each unit by another .5 spaces, thereby increasing the overall parking requirement for the project to 9 spaces. The project should therefore be redesigned to meet parking requirements by either eliminating the basement family rooms, reducing them below 100 sq. ft., or providing the additional parking. Another issue with the previous design was projection of the sub- terranean garage to the front property line of the Subject par- cel. Under SMMC Section 9040.18, decks are permitted to project a maximum of 6' into the front yard setback if not more than 3' above the average natural grade. After 6', the deck must be dropped to the grade of the adjacent sidewalk. At the front of the site the deck of the garage was approximately 2 feet above the average natural grade and approximately 3 feet above the level of the sidewalk. This aspect has also been redesigned to meet code. Open Space Each unit complies with the open space requirements by providing a minimum Of 100 square feet of ground level open space, the minimum dimension of which in not less than 7' in any direction. Conclusion Several changes have been made to the project design to address staff's previous concerns. Two issues remain: whether the roof design meets the intent of the OP regulations, and provision of - 3 - . . parking spaces for the basement rooms. The parking issue is ad- dressed by a condition of approval. On the roof issue, some changes to the design were made, and the project achieves techni- cal compliance. A condition is recommended that the ARB review this issue further to ensure that the design is compatible with the project neighborhood. RECOMMENDATION It is recommended that the Planning Commission approve CUP 90-012 and TPM 21954 subject to the following findings and conditions. TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, together with its provision for its design and improvements, is consistent wit: ~pplicable general and specific plans as adopted by the C~_y of Santa Monica. 2. The site is physically suitable for the proposed type of development in that the site is currently improved a residential unit and is adequately served by existing infrastructure. 3. The site is physically suitable for the proposed density of development in that the site is current1y improved and has no siqnificant physical characteristics which would preclude the new development. 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 property is already developed and has no fish on it, minimal or no wildlife and is not environ- mentally sensitive in nature. 5. The design of the subdivision or the type of improvement will not cause serious public health problems in that the development will not pose substantial health risks. 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 property has vehicu- lar access from the Pacific. - 4 - , . TENTATIVE TRACT MAP CONDITIONS 1. All off site improvements required by the City Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approved by the City Engineer. 2. Before the City Engineer may approve the final map, a sub- division improvement agreement for all off site improve- ments required by the City Engineer shall be prepared and a performance bond posted through the City Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code section 66452.6 and sections 9380-9382 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the city of Santa Monica for approval. 4. The developer shall provide the Engineering Department of the City of Santa Monica with one Dizal Cloth print reproduction and microfilm of each sheet of the final map after recordation. 5. Prior to approval of the final map, Condominium Associa- tion By-Laws (if applicable) and a Declaration of CC & R's shall be reviewed and approved by the City Attorney. The CC & R' s shall contain a non-discrimination clause as presented in section 9392 (SMMC) and in the case of con- dominiums, contain such provisions as are required by Sec- tion 9l22E (SMMC). 6. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provi- sions of Section 6651 et seq. of the Santa Monica Municipal Code. 7. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of sections 9330 through 9338 (SMMC) and the Subdivision Map Act. The required Final Map filing fee shall be paid prior to scheduling of the Final Map for City Council approval. 8. The form, contents, accompanying data, and filing of the final parcel map shall conform to the provisions of Sec- tions 9350 through 9357 (SMMC) and the Subdivision Map Act. 9. 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. - 5 - . , 10. Pursuant to Section 9366 (SMMC), if the subdivider or any interested person disagrees with any action by the Planning Commission with respect to the tentative map, an appeal or complaint may be filed in writing with the City Clerk. No appeal or complaint may be filed after a ten day period from the Commission's decision on the tentative map. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "city of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that condominiums are per- mitted by Code with approval of a Conditional Use permit and a subdivision map and the project conforms to develop- ment standards as shown in Attachment A. 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 is an infill in an already devel- oped area and is compatible in scale, density and use to surrounding properties. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the property is currently being used for residential purposes and has all necessary public improvements and access to utilities. 4. The proposed use is compatible with the land uses present- ly on the subject parcel if the present land uses were to remain, in that the proposed uses are multiple family residential, which is consistent with the surroundinq neighborhood and existing zoning. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that it is similar to surrounding uses and the development com- plies with with Code. 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 property is already improved with or has ac- cess to these features since the property is currently in residential use and the project is an infill in an exist- ing neighborhood. 7 . Publ ic access to the proposed use will be adequate, in that Pacific street is an improved public street which will provide adequate access to the site. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood I in that setbacks and landscaping - 6 - ..,- , . are provided to meet or exceed Code design is of a compatible scale buildings. and the building with surrounding 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that it complies with the density and use permitted within its land use district as prescribed by the General Plan. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that it is an appropriate and compatible use in an ex- isting mixed-use district which is designed to meet ap- plicable Code requirements and development standards. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that the condominium development does not contain any of the special features described in the aforementioned sections and, therefore, the perfor- mance standards and special conditions relating to those features do not apply to this development. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the proj- ect will be three units on the subject site and will not exceed the permitted density within the neighborhood. CONDITIONAL USE PERMIT CONDITIONS Plans 1. This approval is for those plans dated April 25, 1990, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consis- tent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chap- ter l, 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. - 7 - . , 5. Plans for final design, landscaping, screening and trash enclosures shall be sUbject to review and approval 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. 7. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make necessary changes in the project design to achieve compliance with such requirements. The Architectural Re- view Board, in its review, shall pay particular attention to the aesthetic, landscaping and setback impacts of any ramps or other features necessitated by accessibility requirements. Fees 8. The city is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts reSUlting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the City. This ordinance may require that the owner of the proposed project pay such new development fees, and that employers within the project pay such new annual em- ployer fees related to the City'S Transportation Manage- ment Plan. 9. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential units on the Subject lot, per and subject to the provisions of Section 6670 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. - 8 - . . 11. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS). 12. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 13. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. Construction 15. Unless otherwise approved by the Department of Genera~ 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 (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 tor approval by the Department of General services prior to issuance of a building permit. As ap- plicable, this plan shall l} Specify the names, addresses, telephone numbers and business license numbers of all con- tractors and subcontractors as well as the developer and archi teet; 2) Describe how demoli ticn 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 construe tion; 5) Set forth the extent and nature of any pile driving operations; 6) Describe the length and number t - 9 - . , 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 f 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 maintenance and other standards contained in the subchapter. 25. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC section 9040.13- 9040.15. Refuse areas shall be of a size adequate to meet - 10 - .. , . on-site need, including recycling. The Architectural Re- view 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 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. 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. special Conditions 33. The basement level "family rooms" shall either be elimi- nated, reduced below 100 square feet each, or additional code parking of 0.5 spaces per unit shall be provided. - 11 - ~ . , The redesigned basement and parking plan shall be present- ed to the Planning Director and the Parking and Traffic Engineer prior to a hearing before the ARB. 34. The ARB shall pay particular attention to the roof design and height of the building to ensure design compatibility with the objectives of the "OP" regulations and the proj- ect neighborhood. Attachments: A. Municipal Code and General Plan Conformance B. Radius Map C. Permanent single family exemption D. Resume of CC & Rls Prepared by: Larry Miner 1m pc/cup90l2 04/25/90 - 12 - ". Category , . ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Land Use Municipal Code Element Project 3 unit condo. Permitted Use 1 unit/l,500 sq. ft. lot area = 3 d.u. max. Height 2 stories/3D' 2 stories + loft/ 3D' Setbacks Front yard sideyard Rearyard Lot Coverage Parking Landscaping 20' 20' 7 ' 7 ' 15' 15' 50% max. 8~q & parking spaces required. 50% 6 parking spaces proposed. 50% of front yard and unexcavated side yard required. 50%+ of front yard and unexcavated side yard proposed - 13 - i ~ I ~QI ~!I 1 ( ~ j ( i (., J r I ! ) I , ----' , ) i i I ( t ~ f.~' t~;~ ') ; l 4:1, -". Or 1-1- I car: ~ I' ~ i'B5,!. . J.- >"'r- I I ~ t t 1 f [ , I l ~ r-f-,:, .2 I: , ~~ !EVEI' :"~~ I .. H -; ~ ---, .. "' :I I II 1!!4 f t . -' "QJ '. " to " .. . . '1,.._ I T"~;.,. .. .. - -., 1.:1 lit .,.. iii ... r II '1 '3 OB'E ~ ~ . 1 ~.~ ~ ~ . ~ ~ ~ ~ . .. - I t LEGALDESCRIPTlON l~ J/J BlllC.P:2 -"'Ar"Ji/t ~~ STREET AOOAI88 6 3 9 Po. r I tl. (" CASe NO. ZONe DA'm PUaJC HIEARHI QA1'8 APPUCNfT , RADIUS MAP FOA Pl r>. ntll tIC OEPflfn f.n tIT <. ~lly "I S,lnt.l :\loni....'.l ( \111 (,I~"I \ ReM'WlICI. AIlIIMIP SMIt No. --- R.... SAN. ,.INIGA RENT CONTROL BOA. 1685 Main Street. Santa MOnica. CA 90401 (213) 458.8751 {~ - -' , \ - -r; . ....., - t "89 J1. 1 ~D,=~i-d~tion for Permanent Exemption ~~ for a Single Family Dwelling .q , (91815) ~ ..... ~ , MPP# .c:.!~??C? - Oc S - - (~:/o _____._..________.___________________________________________~__..________________________.____A_____._____________~ I, NORA MO~ICA TOAZE (name 01 current owner) , declare That I own the sublect property located at 639 PACIFIC STREET, Sfu~TA MONICA (property address) q"l.{o~ unit # ,N/A WhIch IS (please check (he appropriate option In numbers 1 and 2 below); 1. Prooertv De~cnotlon x a. A single-family dwelling on a parcel which has been developed with only one smgle-famlly dwelling. In addition, no parcel contiguous to the one at Issue IS owned by the owner named above. b. A condominium unat or stock cooperatlve which was convened prior to the passage of the Rent Control Law: that IS, escrow closed on the untt crlor to AOrlll O. 1979. c. A condominium Unit which was onglnally constructed for condomlOlum use pnorto April 10,1979; that IS, It was not constructed for rental use. 2. Use of Prooertv a. The above-described smgle-famlly dwelling-as defined by Santa Monica Charter. ~ 1801 (n)-was not used for reSIdential rental purposes on July 1, 1984. OR X b. The above described Slngle-ramlly dwelling was vacant on July '. 1984. Executed undW penalty Of perJury, this . 18':t'H 19 89 at SANTA MONICA -' day 01 JULY I California ~1~"-t/&- 0~t.('C"A./'- ~..--:z~ ( tSlgnalurC) - () , 2107 PIER AVENUE (address) SANTA t-iONICA 90405 450-7750 (OJ)1Imc pMne n~ ) AP#OOl.3/16/89 ~ ~,.....~ -~ . . . RESUME CONDOMINIUM ARTICLES OF INCORPORATION BYLAWS AND CC&RS RE: Parcel Map NO.: NAME OF SUBDIVISION: ADDRESS OF PROJECT: ~UMBER OF UNITS: 639 Pac~f~c Street Condom~niums 639 Pac~f~c Street CITY OF SANTA MONICA Three (3) 1. Type of Or9anization. Corporat1on organ1zed under Benef1t Corporation Law. Th1s ~s a Nonprofit Mutual Beneflt the Californla Nonprofit Mutual 2. Membership. An Owner reason of hlS record ownersh1p membershlp in the ASSoc1at~on. (includ~ng Declarant) of a Condomin1um, who, holds by a 3. Membership Termination. When an OWner of a Condominium sells his Unlt, he 1S no longer a member of the Assoclation. 4. Votin9 Ri9bts. The Association shall have two (2) classes of voting membership: A. Class A. Class A members shall be all Unit Owners wlth the exception of Declarant. Class A members shall be ent1tled to one (1) vote for each condominium owned by them. When more than one ( 1 ) person holds such lnterest in any condominlum, all such persons sha 11 be members. The vote for such Unit sha 11 be exercised as they, among themselves, determine, but ln no event shall more than one (1) vote be cast wlth respect to any such condominium. B. Class B. The Class B member shall be Declarant. The Class B member shall be entitled to three (3) votes for each condominium owned by it, provided that the Class B membership shall cease and be converted to Class A membership on the happening of the following events, whichever occurs earlier: a. When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership~ or b. Two (2) years from the date of the close of escrow for the first Unit in the project. ., ~ ~ 5. Board of , Mana9ement. D~rectors to . Management shall be appo~nted by the elected operate, ma1nta~n and manage the ProJect. 6. Project Life. F~fty (50l years. 7. Effectivity Term. The Effect1vity Term is f~fty (50) years and all Amendments to CC&Rs require seventy-five percent (75%) of the voting power of the Associat1on~ and, at least f~fty-one percent (51%) of the votes of members other than the Delcarant. 8. Maintenance Provisions. A. Un1t Interest. Each Owner shall ma1nta1n in a clean and san1tary condition, and in good repair, the 1nterest of h1S Un1t. B. Cornman Areas. It 1S the Homeowners Assoc1ation to Areas 1n a clean and san1 tary repa1r. the responsibil1ty of ma1nta1n the Common condi t10n and in good 9 . D;:tm;:tg-e Repair or Abandonment Provisions. As soon as possible, the Board of Directors of the ASsoc1ation shall obtain b1ds from at least e1ght (8) reputable contractors, 11censed l.n Cal1.fornia, which bids shall set forth, in detail, the work required to repa1.r, reconstruct and restore the damaged or destroyed port1ons of the Common Area, and determine the amount of all insurance proceeds available to the Association. Owners of at least seventy-five percent (75%) of the vot1ng power shall deterrn1ne whether to repair, reconstruct or restore the damaged Common Area or not to repa1.r, reconstruct, or restore the damaged Cornmon Area. 10. Description. OWnership of Delcarat1.on established a plan for for the air space contained within Units compr1.s1.ng the building. Condominium Units. The the indiv1.dual ownersh1.p the three (3) l.ndividual 11. Descriptionr OWnership and Use of COJmDOn Areas. The Declaration provides that the OWners of the individual Units shall have an undivided fract1.onal interest in the Common Area, and each owner shall have a non-exclusive easement, appurtenant to and for the benefit of their Unit, for ingress, egress and support over, across and through the Common Area. 12. Parking Space Assignment. Two (2) parking spaces to be attached to each Unit, which parking spaces shall be an element of the unl t and maintained by the OWner, and shall be appurtenant to and for the excluslve use for such Unit. . . ~ '- 13. Restrictions. ~ A. Owner's Flr.anClal/Lega1 Status: None. B. Use: Reslcentlal. c. Any Restrlctlons on Age of Occupants: None. D. Pets: Yes - Dogs, Cats and other domestlc pets. Prepared by: Gwen Speros Legal Ass1.stant for KATTEN MUCHIN & ZAVIS formerly known as HOWARD, KULIK & CHIZEVER 10960 Wllshire Boulevard SUlte #2100 Los Angeles, Californ1.a 90024 GS/spl/9/023 . . 1/f3 ,; STATEMENT OF OFFICIAL ACTION PROJECT NL~BER: CUP 89-101 and Vesting TPM 21564 LOCATION: 639 Pacific street APPLICANT: Bernard Leger et al REQUEST: To construct a 2 story plus loft/3D., 3 unit con- dominium with subterranean parking for 6 cars. PLANNING COMMISSION ACTION 5/2/90 Date. x Approved based on the following findings and subject to the conditions below. Denied. Other. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance" I in that condominium develop- ments are Conditionally Permitted uses and the subject proposal, as conditioned, complies with all Planning and Zoning requirements. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the area is zoned for multi-family residential development and the district in which it is located is mUlti-family in nature. 3. The subject parcel is physically suitable for the type of land use being proposed, in that it is level and all utilities are available. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remainl in that the existing single-family residence will be removed and the proposed 2 story plus loft development will be similar in scale to surrounding multi-family residences. - 1 - . . <. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the proposal is similar in scale to existing and proposed development in the area. 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 all utilities are available to the site. 7. Public access to the proposed use will be adequate, in that a Pacific street will be used to provide access to the 6 space subterranean garage. 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 the surrounding neighbor- hood is composed of 2 story mUlti-family residences, and the proposed 2 story plus loft, 3 unit condominium is com- patible with those existing uses. 9. The proposed use is consistent with the goals, Objectives, and policies of the General Plan, in that the project is at the maximum density permitted. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed proj ect is an in-fill development replacing an existing single-family residence with a 3 unit condominium development. 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 those Subchapters are not applicable to new condominium developments. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the sur- rounding neighborhood is multi-family in nature and the proposed development will conform with that type of development. TENTATIVE PARCEL/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 all planning and zoning requirements are met. 2. The site is physically suitable for the proposed type of development in that all utilities are available. - 2 - . . 3. The site is physically suitable for the proposed density of development three units are permitted and three are proposed. 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 project is an urban in-fill development. 5. The design of the subdivision or the type of improvement will not cause serious public health problems in that all utilities are available. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision in that the subject site is an urban in-fill development. CUP CONDITIONS Special Conditions 1. If the overall number of parking spaces can be increased to 9 than both the lofts and the workshops can be main- tained. Maintenance of the lofts or the workshops would resul t in an overall parking requirement of 8 parking spaces. If no additional parking is provided, the lofts and the workshops shall be reduced below 100 square feet in size. The basement rooms, if maintained, shall be par- tioned with solid block walls to prevent any possibility of expansion. Any revised parking plans shall be subject to the review and approval of the City1s Parking and Traf- fic Engineer. 2. The overall height of the building shall be reduced to 231 if a flat roof is used. If a standard 1 in 3 roof pitch is used, an overall height of 30' can be maintained. The ARB shall ensure that the building is compatible with any one of the primary architectural styles found within Ocean Park. 3. The roof decks shall be set back 31 from the perimeter of the building to ensure privacy to adjacent residents. 4. The driveway shall be setback 1811 from the eastern proper- ty line to allow for the placement of a landscape area. Plans 5. This approval is for those plans dated March 14, 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. - 3 - . . 6. 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. 7. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 8. 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. 9. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 10. 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 11. 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. 12. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unites) on the SUbject lot, per and subject to the provisions of Section 6670 et seg. of the Santa Monica Municipal Code. Demolition 13. 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 - 4 - . . and Safety Officer and the Fire Department. Any landscap- ing material remaining shall be watered and maintained until demolition occurs. 14. 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) . 15. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 16. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. Construction 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 construct i on debris from the site shall cover any open load with -> tarpaulin or other secure covering to minimize dust emiss ~ns. 20. 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 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 structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/constn.iction7 4) - 5 - . . Describe how much of the public street, alleyway, or side- walk is proposed to be used in conjunction with construc- tion~ 5) Set forth the extent and nature of any pile- driving operations~ 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewater- ing and its effect on any adjacent buildings; 8) Describe anticipated contruction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling: 10) State whether any construction activity beyond normal- ly permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures: 12) Describe con- struction-period security measures including any fencing, lighting, and security personnel: 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of publ ic streets for parking: 15) List a designated on-site construction manager. 21. 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. 22. 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 23. U1 tra-1ow flow plu1llbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) Miscellaneous CUP Conditions 24. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 25. 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 affect:ed 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. - 6 - . . 16. Landscaping plans shall comply wi th Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 27. 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. 28. 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. 29. 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. 30. 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 31. 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. 32. 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. 33. 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. 34. This determination shall not become effective for a period of fourteen days from the date of determination, or, if - 7 - . . appealed, until a final determination is made on the ap- peal. Any appeal must be made in the form required by the zoning Administrator. TENTATIVE PARCEL/TRACT MAP CONDITIONS 1. All off site improvements required by the City Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approved by the City Engineer. 2. Before the City Engineer may approve the final map, a sub- division improvement agreement for all off site improve- ments required by the C~ty Engineer shall be prepared and a performance bond posted through the city Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code Section 66452.6 and sections 9380-9382 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the City of Santa Monica for approval. 4. The developer shall provide the Engineering Department of the City of Santa Monica with one Dizal Cloth print reproduction and microfilm of each sheet of the final map after recordation. 5. Prior to approval of the final map, Condominium Associa- tion By-Laws (if applicable) and a Declaration of CC & Rls 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). 6. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential U~lt per the provi- sions of section 6651 et seq. of the Santa Monica Municipal Code. 7. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of Sections 9330 through 9338 (SMMC) and the Subdivision Map Act. The required Final Map filing fee shall be paid prior to scheduling of the Final Map for City Council approval. 8. The form, contents, accompanying data, and filing of the final parcel map shall conform to the provisions of Sec- tions 9350 through 9357 (SMMC) and the Subdivision Map Act. 9. The final map shall be recorded with the Los Angeles Coun- ty Recorder prior to issuance of any buildlng permit for a - 8 - . . . condominium proj act pursuant to Government Code Section 66499.30. 10. Pursuant to Section 9366 (SMMC), if the subdivider or any interested person disagrees with any action by the Planning Commission with respect to the tentative map, an appeal or complaint may be filed in writing with the city Clerk. No appeal or complaint may be filed after a ten day period from the Commission's decision on the tentative map. VOTE Ayes: Nays: Abstain: Absent: Rosenstein, Pyne, Lambert, Kaufman, Farivar, Mechur Nelson 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. RJ)~ ~ ~~gna.tu~ ... / ;(/tt1Nf, /V1eCH<<Il., f/tur '.nn.n~ln T-"""'~~ ~T"",lc:n,., f"'h.'~""-=-""""<::!""'''', Please Print Name and Title dafjh/90 crlft112... - 9 - ~ . . " I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title PC/stc89101 1m 5/14/90 - 10 -