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SR-12-B (21) -' ... tftl2 --OOcg 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). - 1 - \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, - 2 - 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 - 3 - LM PC/CUP893CC 04/l3/89 - 4 - 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. - 1 - i , \ \ \ \ \ 1 I ( (, 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: - 2 - 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 - 3 - 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. - 4 - 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) . - 5 - 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 - 6 - 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. - 7 - 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. - 8 - 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 - 9 - 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 - 10 - b I .. .._ j". .. _. t . ~ ,l,VEMUE I ~1101 I 'OIi 011 oM" o.t .02 · ,I I II .' Ii ,:. "':~": t:' :. .~ ~1 J. ~IfI4LM' r J J - lV!NUE ~ ~_ 1I "I ..~.. II ~, ~ '( .. .., or . '" .. ow ....... "U"': ~ .. rON t1~ I _S .-::Jlf1lI'1I:" .~-Ui...t "... ~ · t:i i ; ; ~ ; ; 1. ... Ii . i -. . t .J ........ . J a: - .... ... II ~.t ,S ..... . .. '~tJI'\" t/ " ii C ~ . . "'. ! _ .. 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'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. - 1 - 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. - 2 - 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 - 3 - 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. - 4 - 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.) - 5 - 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. - 6 - 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. - 7 - 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 - 8 -