SR-12-B (21)
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12-13
APR 2 5 1989
Monica, California
CjED:PB:DKW:LM Santa
Council Mtg: April 25, 1989
TO: Mayor and City Council
FROM: City staff
SUBJECT: Appeal of Planning Commission Conditional Approval of a
Proposed Two Storyj27', Four unit Condominium at 434
Pier Avenue. Applicant: PlutskyjChapin Partners.
Appellant: Councilmember Herb Katz.
INTRODUCTION
This report recommends that the city Council amend the Planning
commission's conditional approval of Conditional Use Permit
89-003 and Tentative Parcel Map 20677 for a two storyj27', four
unit condominium at 434 Pier Avenue, and approve the project as
submitted with the findings and conditions contained in the
Planning Commission staff report dated March IS, 1989.
BACKGROUND
At their March l5, 1989 meeting, the Planning commission approved
a four unit condominium at 434 Pier Avenue with the condition
that two of the four units provide bedrooms on the second floor,
and living rooms, kitchens and dining rooms on the first floor.
As originally proposed, the floor plans of all four units
contained bedrooms on the first floor, and kitchens, living rooms
and dining rooms on the second floor.
A more complete
description of the project can be found in the Planning
commission staff report dated March l5, 1989 (Attachment A).
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\2-B
APR 2 5 1.989
The applicant has indicated that the original design was intended
to provide enhanced light, air, view opportunities through the
location of primary living spaces on the second floor of the
building.
The Planning commission was concerned that the location of
interior activity areas, such as living rooms and dining rooms,
on the second floor of the condominium may create situations
where families would not be afforded secure areas in which their
children could play. This is due to the fact that as proposed,
outdoor activity areas such as second floor balconies and roof
decks might present safety problems, and outdoor activity areas
loca ted on the first floor, such as patios and outdoor yard
areas, might preclUde adequate parental supervision due to their
location away from the main living areas of the condominium. In
addition, the Planning commission felt that the location of
interior activity areas over bedrooms presented a potential
conflict with regard to noise and vibration.
ANALYSIS
staff feels that the Planning Commission's concerns raised in the
context of this project are worthy of discussion. However, in
the absence of any established policy or standard regarding what
constitutes child friendly housing, it appears unfair to impose
such conditions on this or any other projects. For example, in a
single-family residence or mul ti-famliy apartment building, the
same concerns, in relation to child friendliness, could be
raised. The lack of specific child friendly design policies,
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however, prevents the implementation of this requirement on
projects that do not require discretionary approval.
staff recommends that the Council ask the Planning Commission to
conduct further discussions on the child friendly design issue,
and develop a policy recommendation for Council review during its
discussion of the Housing Element.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
It is respectfully recommended that the Council reverse the
Planning Commission's conditional approval of CUP 89-003 and TPM
20677, and approve the subject proposal with the findings and
conditions contained in the Planning Commission staff report
dated March l5, 1989 (Attachment A). It is also recommended that
the Council direct the Planning Commission to develop policy
recommendations regarding child friendly design for review by the
Council as part of the proposed Housing Element.
Prepared by: Larry Miner, Assistant Planner
Paul Berlant, Director of Planning
Attachments: A. Planning Commission staff report dated
March 15, 1989
B. Planning commission statement of Official Action
dated March l5, 1989
C. Appeal Letter
D. Project Plans
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LM
PC/CUP893CC
04/l3/89
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CPb
~
A 1T A C+\f\..\e.tJ T A
CITY PLANNING DIVISION
Community and Economic Development Department
M E M 0 RAN DUM
DATE: March 15, 1989
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: CUP 89-003, TPM 20677
Address: 434 Pier Avenue
Applicant: Plutsky/Chapin Partners
SUMMARY
Action: Application to construct a two story/27', four unit con-
dominium with subterranean parking for nine cars.
Recommendation: Approval with conditions
Permit Streamlining Expiration Date: August 10, 19B9
SITE LOCATION AND DESCRIPTION
The subject property is a 7,500 sq. ft. parcel located on the
south side of Pier Avenue between Highland Avenue and Fourth
Street having a frontage of 50 feet. Surrounding uses consist of
single-family residences to the north and east (R3), and multi-
family residences to the south and west (R3).
Zoning Districts: R3 (Ocean Park Interim Zoning District)
Land Use Districts: Medium Density Residential
Parcel Area: 7,500 square feet (50' x 150')
PROPOSED PROJECT
This is an application to construct a two storyj27 f I four unit.
condominium with subterranean parking for nine cars. All units
will be split level townhomes. Three of the units will have two
bedrooms and two and a half bathrooms, and one unit will have
three bedrooms and three and a half bathrooms. One bedroom of
the three bedroom unit will occupy a portion of the subterranean
garage. The project will be conditioned so that the bedroom and
bathroom located in the subterranean garage do not have separate
means of ingress/egress.
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Large ground level patios, and second floor decks and balconies
are proposed along the building I s east elevation. A recessed
patio at the level of the subterranean garage and first and
second floor balconies are also proposed along the building I s
southern (rear) elevation. No roof decks are proposed.
Access to the units will be available from private stairways lo-
cated in the subterranean garage and from a common ground level
walkway located along the building's western elevation. Access
to the subterranean garage will be taken off of Pier Avenue since
there is no rear alley.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in
conformity with the General Plan as shown in Attachment A.
CEQA STATUS
The project is Categorically Exempt per the city of Santa Monica
'Guidelines for the Implementation of CEQA, class 3(14).
FEES
The proposed four unit condominium is subj ect to a Parks and
Recreation Facilities Tax of $200.00 per residential unit, and a
Condominium Tax of $1,000.00 per saleable unit.
ANALYSIS
The proposed building will be two stories/27, in height as mea-
sured from an average natural grade of 851-311. The proposed con-
dominium meets all applicable planning and zoning requirements
regardlng height, setback, and lot coverage. One unit less than
the maximum permitted density of 5 units is proposed.
staff has concerns over the proposal to locate a bedroom in the
subterranean garage. By providing a separate means of access to
the bedroom it may evolve into a separately rentable unit. The
proposal to provide sliding doors to a recessed patio adjacent to
the bedroom would allow access to the bedroom without having to
walk through the un! t to which it is attached. The proj ect
should be conditioned so that there is no direct access available
to the bedroom from outside the building, or from the subter-
ranean garage. The only means of access to the bedroom in the
subterranean garage should be from inside the unit.
Conclusion
In that the subject proposal meets all applicable Planning and
Zoning requirements, approval is recommended.
RECOMMENDATION
It is recommended that the Planning Commission approve CUP 89-003
and TPM 20677 subject to the following findings and conditions:
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TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its prOV1S1on for
its design and improvements, is consistent with applicable
general and specific plans as adopted by the city of Santa
Monica.
2. The site is physically suitable for the proposed type of
development.
3. The site is physically suitable for the proposed density
of 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.
5. The design of the subdivision or the type of improvement
will not cause serious public health problems.
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.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the "City of santa Monica Comprehensive Land
Use and Zoning Ordinance", in that all required setbacks,
lot coverage, building height and parking requirements are
met.
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that the area is mUlti-family in nature,
and the proposed condominium. will provide a reasonable
transition from the adjacent mUlti-family residential
building to the west.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that it is level, all parking
can be provided on-site, and adequate open space is
provided.
4. The proposed use is compatible with any of the land uses
presently on ~he subject parcel if the present land uses
are to rema1n, in that the proposed single-family
residence existing on-site will be removed, and a multi-
family residence will be constructed in its place.
S. 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
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the proposed use will conform to the multi-family uses
which exist to the south and west of the site in question.
The proposed use will also provide a transition from those
uses and the existing single-family residences to the
north and east of the project site.
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.
7. Public access to the proposed use shall be adequate, in
that alley access is proposed and all required parking is
provided on-site.
B. 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 area is 2 story multi-
family residential in nature, and the proposed 2 story
building will maintain that type of development.
9. The proposed use is consistent with the goals, objectives,
and pol icies of the General Plan, in that the proposal
conforms to the Ocean Park Interim zoninq Ordinance, and
is lower in density than would be permitted by right.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that all public utilities are available, and required
building and safety requirements will be enforced in the
~onstruction of the building.
11. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the area
is zoned for mUlti-family residential construction, and
the subject proposal conforms in height and density to the
Ocean Park Interim Zoning Ordinance.
CONDITIONS
Plans
1. This approval is for those plans dated, January 31, 1989,
a copy of which shall be maintained in the files of the
city Planning oivision. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
2. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
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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 wi th the
plans submitted or as modified by the Planning commission,
Architectural Review Board or Director of Planning.
5. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
6. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities; scale and articulation of design ele-
ments; exterior colors, textures and materials; window
treatment; glazing; and landscaping.
Fees
7. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality impacts resulting from both new and existing
development. The Plan will likely include an ordinance
establishing mitigation requirements, including one-time
payment of fees on certain types of new development, and
annual fees to be paid by certain types of employers in
the City. This ordinance may require that the owner of
the proposed proj ect pay such new development fees, and
that employers within the project pay such new annual em-
ployer fees related to the City's Transportation Manage-
ment P "'n.
8. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential unites) on the subject lot,
per and subject to the provisions of Section 6670 et seq.
of the Santa Monica Municipal Code.
Demolition
9. Until such time as the demolition is undertaken, the ex-
isting structure unless currently occupied shall be main-
tained and secured by boarding up all openings, erecting a
security fence, and removing all debris, bushes and plant-
ing that inhibit the easy surveillance of the property to
the satisfaction of the Building and Safety Officer and
the Fire Department. Any landscaping material remaining
shall be watered and maintained until demolition occurs.
10. Unless otherwise approved by the Recreation and Parks De-
partment and the Planning Division, at the time of demoli-
tion, any street trees shall be protected from damage,
death, or removal per the requirements of Ordinance 1242
(CCS) .
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11. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum
pennitted by the Zoning Ordinance, shall be maintained
around the perimeter of the lot. The lot shall be kept
clear of all, trash, weeds, etc.
Construction
12 . Unless otherwise approved by the Department of General
Services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
13. SidewalkS, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as deter-
mined by the Department of General Services shall be re-
constructed to the satisfaction of the Department of
General Services. Approval for this work shall be ob-
tained from the Department of General Services prior to
issuance of the building permits.
14. Vehicles hauling dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
15. street trees shall be maintained, relocated or provided as
required in a manner consistent with the City'S Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Recreation and parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the ~epartment of Recreation and Parks.
16. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General
Services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone nUlftbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
archi teet; 2) Describe how demolition of any existing
structures is to be accomplished; 3) Indicate where any
cranes are to be located for erection/construction; 4)
Describe how much ot 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; 1) 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 parkinq location; 9)
specify the nature and extent of any helicopter haulinq;
10) State whether any construction activity beyond normal-
ly permitted hours is proposed; 11) Oescribe any proposed
construction noise mitigation measures; 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel: 13) Provide a drainaqe
plan; 14) Provide a construction-period parking plan
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which shall minimize use of public streets for parking;
15) List a designated on-site construction manager;
17. A sign shall be posted on the property in a manner consis-
tent with the public hearing siqn requirements which shall
identify the address and phone number of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction period. Said sign
shall also indicating the hours of permissible construc-
tion work.
l8. 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
19. Ultra-low flow pl~m~ing fixtures are required on all new
development and remodeling where pl~mbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
Miscellaneous Conditions
20. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
Validity of Permits
21. 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.
22. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates ot occupancy
shall be issued until such violation has been fully
remedied.
23. Within ten days of Planning Division transmittal ot the
Statement of Official Action, project applicant shall
siqn and return a copy ot 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 oivision.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
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24. 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
appeal.
Special Conditions
25. There shall be no separate means of access permitted to
the bedroom located in the subterranean garage. Access to
the unit shall only be permitted through the unit to which
it is attached.
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 ~ap, 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. ouring 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 ot the tinal map, Condominium Associa-
tion By-Laws (if applicable) and a Declaration ot CC & Rls
shall be reviewed and approved by the city Attorney. The
cc & R f 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 9122E (SMMC).
6. The developer shall provide for payment of a Condominium
Tax ot $1,000 per saleable residential unit per the provi-
sions of Section 6651 at seq. of the Santa Monica
Municipal Code.
7a. 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 tiling fee shall be paid
prior to scheduling of the Final Map for City Council
approval.
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7b. The form, contents, accompanying data, and filinq of the
final parcel map shall conform to the provisions of Sec-
tions 9350 through 9357 (SMMC) and the Subdivision Map
Act.
8. The final map shall be recorded with the Los Anqeles Coun-
ty Recorder prior to issuance of any building permit for a
condominium proj ect pursuant to Government Code Section
66499.30.
Prepared by: Larry Miner, Assistant Planner
Attachments: A. Municipal Code and General Plan Conformance
B. Radius Map
C. Project Plans
LM
PC/CUP8903
02/16/89
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Category
Land Use
Municipal Code Element
Project
4 Unit Condo.;
7,500 sq.ft.j1500
== 5 d.u. max.
Permitted Use Apt./Condo. @
1 unitjl,500
sq. ft. of lot
area = 5 d.u.
Height 2 stories/27,
2 stories/27,
Setbacks
Front yard
Sideyard
20'
20'
7'
7'
Rearyard
15'
IS'
Lot Coverage
50'
50'
Parking
9 parking
spaces required:
2 spaces per 1
+ 2 bedroom units
(3X2-6), 2.5 spaces
for 3 bedroom units
(lX2.5-2.5) -
8.5 or 9 spaces
9 parking
spaces
proposed
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LEGAL DESCRIPTION l.o-r ro I BioI". ~ .1. . r altf' d Ft. 'T rJ c t
CAse NO
STREET ADDRes.C;
434 PI'~r Ave" lA!-
ZONE"
pJ (~2 o~" N-)
APPLICANT
PI u-rSkt I G-lIap'-"
DATE
RADIUS MAP FOR
(F>1!J.\~~~~<rB lQ)lEit>tJ.\[ftT~~~T
S-=jh.""~
CiWlFOllNIA
PUBliC
~EARING
DATE
ltef.tence
......a. Map
S..... No
^TTAC,",,""6NT 1:3
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: CUP 89-003, Vesting TPM 20677
LOCATION: 434 pier Avenue
APPLICANT: PlutskyjChapin Partners
REQUEST: To construct a two story/27, four unit condomini-
um with subterranean parking for nine cars.
PLANNING COMMISSION ACTION
3/15/89
Date.
x
Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
TENTATIVE TRACT MAP FINDINGS
1. The proposed SUbdivision, together with its provision for
its desiqn and improvements, is consistent with applicable
general and specific plans as adopted by the City of Santa
Monica.
2. The site is physically suitable for the proposed type of
development.
3. The site is physically suitable for the proposed density
of 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.
5. The design of the subdivision or the type of improvement
will not cause serious public health problems.
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.
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CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the "City of Santa Monica Comprehensive Land
Use and Zoning Ordinance", in that all required setbacks,
lot coverage, building height and parking requirements are
met.
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that the area is multi-family in nature,
and the proposed condominium will provide a reasonable
transition from the adjacent multi-family residential
building to the west.
The subject parcel is physically
land use being proposed, in that
can be provided on-site, and
provided.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses
are to remain, in that the proposed single-family
residence existing on-site will be removed, and a multi-
family residence will be constructed in its place.
3.
suitable for the type of
it is level, all parking
adequate open space is
5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the proposed use will conform. to the mUlti-family uses
which exist to the south and west of the site in question.
The proposed use will also provide a transition from those
uses and the existing single-family residences to the
north and east of the project site.
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.
7. Public access to the proposed use shall be adequate, in
that alley access is proposed and all required parking is
provided on-site.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the area is 2 story multi-
family residential in nature, and the proposed 2 story
building will maintain that type of development.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the proposal
conforms to the Ocean Park Interim Zoning Ordinance, and
is lower in density than would be permitted by right.
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10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that all public utilities are available, and required
building and safety requirements will be enforced in the
construction of the building.
11. The proposed use will not result in an overconcentratlon
of such uses in the immediate vicinity, in that the area
is zoned for mUlti-family residential construction, and
the subject proposal conforms in height and density to the
Ocean Park Interim Zoning Ordinance.
CONDITIONS
Plans
1. This approval is for those plans dated, January 31, 1989,
a copy of which shall be maintained in the files of the
City Planning Oivision. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
2. The Plans shall comply with all other provisions of Chap-
ter I, 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 wi th the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
5. Plans for final design, landscaping, screening, trash en-
closures, and siqnage shall be subject to review and ap-
proval by the Architectural Review Board.
6. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities; scale and articulation of design ele-
ments; exterior colors, textures and materials; window
treatment; glazing; and landscaping.
Fees
7. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality impacts resulting from both new and existing
development. The Plan will likely include an ordinance
establishing mitigation requirements, including one-time
payment of fees on certain types of new development, and
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annual fees to be paid by certain types of employers in
the City. This ordinance may require that the owner of
the proposed proj ect pay such new development fees, and
that employers within the project pay such new annual em-
ployer fees related to the City's Transportation Manage-
ment Plan.
8. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential unites) on the subject lot,
per and SUbject to the provisions of Section 6670 et seq.
of the Santa Monica Municipal Code.
Demolition
9. until such time as the demolition is undertaken, the ex-
isting structure unless currently occupied shall be main-
tained and secured by boarding up all openings, erecting a
security fence, and removing all debris, bushes and plant-
ing that inhibit the easy surveillance of the property to
the satisfaction of the Building and Safety Officer and
the Fire Department. Any landscaping material remaining
shall be watered and maintained until demolition occurs.
10. unless otherwise approved by the Recreation and Parks De-
partment and the Planning Division, at the time of demoli-
tion, any street trees shall be protected from damage,
death, or removal per the requirements of Ordinance 1242
(CCS).
11. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum
permi tted by the Zoning Ordinance, shall be maintained
around the perimeter of the lot. The lot shall be kept
clear of all, trash, weeds, etc.
Construction
12 . 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.
13. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as deter-
mined by the Department of General Services shall be re-
constructed to the satisfaction of the Department of
General Services. Approval for this work shall be ob-
tained from the Department of General Services prior to
issuance of the building permits.
14. Vehicles hauling dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
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15. street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
(Ord. 1242 CCS), per the specifications of the 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.
16. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General
Services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
architect; 2) Describe how demolition of any existing
structures is to be accomplished; 3) Indicate where any
cranes are to be located for erection/construction; 4)
Describe how much of the public street, alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion; 5) Set forth the extent and nature of any pile-
driving operations; 6) Describe the length and number of
any tiebacks which must extend under the property of other
persons; 7) Specify the nature and extent of any dewater-
ing and its effect on any adjacent buildings; 8) Describe
anticipated contruction-related truck routes, number of
truck trips, hours of hauling and parking location; 9)
specify the nature and extent of any helicopter hauling;
10) State whether any construction activity beyond normal-
ly permitted hours is proposed; 11) Describe any proposed
construction noise mitigation measures; 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel; 13) Provide a drainage
plan; 14) Provide a construction-period parking plan
which shall minimize use of public streets for parking;
15) List a designated on-site construction manager;
17. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
identify the address and phone number of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction period. Said sign
shall also indicating the hours of permissible construc-
tion work.
18. A copy of these conditions shall be posted in an easily
visible and accessible location at all 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
19. 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.)
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Miscellaneous Conditions
20. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
Validity of Permits
21. 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.
22. 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.
23. 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
g~~unds for potential permit revocation.
24. 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
appeal.
Special Conditions
25. There shall be no separate means of access permitted to
the bedroom located in the SUbterranean garage. Access to
the unit shall only be permitted through the unit to which
it is attached.
26. The first and second floor plans for the front and rear
unit shall be revised so that the bedrooms are on the
second floor, and the kitchen, living room and dining room
are on the first floor.
27. The Architectural Review Board shall ensure the following:
1. Wood windows shall be used throughout the project.
2. Rooftop equipment and trash enclosures shall be ade-
quately screened.
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3. No gas or water meters shall be located in the front
yard.
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-L'~s (if applicable) and a Declaration of CC & RIa
shall be viewed 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.
7a. 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.
7b. The form, contents, accompanying data, and filing of the
final parcel map shall conform to the provisions of Sec-
tions 9350 through 9357 (SMMe) and the SUbdivision Map
Act.
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8. The final map shall be recorded with the Los Angeles Coun-
ty Recorder prior to issuance of any building permit for a
condominium project pursuant to Government Code section
66499.30.
VOTE
Ayes: Mechur, Hecht, Farivar, Nelson, Pyne
Nays:
Abstain:
Absent: Lambert, Kaufman
I hereby certify that this statement of
accurately reflects the final determination
Commission of the City of Santa Monica.
Official Action
of the Planning
signature
date
print name and title
I hereby agree to t ~ 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
PCjstcup903
nh
03/31/89
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