SR-12-B (16)
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JUL 1 0 1990
Santa Monica, California
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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.
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JULIO 1990
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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
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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
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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
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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
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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.
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CEQA STATUS
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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Category
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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
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LEGALDESCRIPTlON l~ J/J BlllC.P:2
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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
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S,lnt.l :\loni....'.l
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ReM'WlICI.
AIlIIMIP
SMIt No.
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R....
SAN. ,.INIGA RENT CONTROL BOA.
1685 Main Street. Santa MOnica. CA 90401
(213) 458.8751
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"89 J1. 1 ~D,=~i-d~tion for Permanent Exemption
~~ for a Single Family Dwelling
.q , (91815)
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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
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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.
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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.
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13. Restrictions.
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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
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1/f3
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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.
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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.
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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.
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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
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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)
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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.
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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
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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
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.
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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)~ ~
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Please Print Name and Title
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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
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