SR-12-B (22)
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PC/cup8997c
Council Mtg:
JU~ 1 2 1990
Santa Monica, California
June 12, 1990
TO: Mayor and city Council
FROM: city Staff
SUBJECT: Appeal of Planning Commission Approval of Development
Review (DR) Permit 90-001, Conditional Use Permit (CUP)
89-097 and Vesting Tentative Tract Map (TTM) 48784 For
An 18 Unit Condominium Development at 1l14-1128
Princeton Street. Applicant/Appellant: Hyman and Rose
Shulman Family Trust Represented by Lawrence and
Harding, Attorney's at Law.
INTRODUCTION
This report recommends that the subject appeal be denied, and the
Planning Commission's approval of DR 90-001, CUP 89-097 and
Vesting TTM 48784 be upheld subject to the findings and
conditions contained in the statement of Official Action dated
April 18, 1990 (Attachment A). The applicant is the appellant,
and is requesting that two standard conditions not be imposed.
BACKGROUND
On April l8, 1990 the Planning Commission approved the subject
proposal to construct a 2 story plus lOft/30', 18 unit
condominium development with subterranean p,lrking for 56 cars by
a vote of 6-0. The 18 units will be developed over a 56 space
subterranean garage which is accessed from a 20' wide rear alley.
The site will be developed with 5 separate buildings housing the
18 townhorne style condominium units. A more detailed description
12-8
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JUN 1 2 1990
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of the proj ect may be found in the Planning Commission staff
report which is contained as Attachment B of this report.
On June 27, 1989 Ordinance 1486 (CCS) was adopted by the City
Council. This ordinance requires that a developer comply with
any ordinance implementing Program 10 of the Housing Element if
one is adopted prior to a Certificate of Occupancy being issued
for the project. A proposed condition of project approval (con-
dition #14) requires that the project developer comply with any
ordinance adopted by the ci ty implementing Program lO of the
Housing Element, if such an ordinance is adopted prior to a Cer-
tificate of Occupancy being issued, by recording a deed restric-
tion on the property.
The removal of 28 apartment units and construction of an 18 unit
apartment building is subject to such a condition for two rea-
sons. First, of the 28 units being removed only 18 will be re-
placed, and secondly, the proposed replacement project is for
condominium units, not rental units. The developer will there-
fore be required to enter into a deed restriction prior to the
issuance of building permits, in order to insure compliance with
the Program 10 implementing ordinance, if and when one is adop-
ted. The deed restriction will also include language requiring
the replacement of 10 additional units within the City if no Pro-
gram 10 implementing ordinance is adopted by the time a certifi-
cate of Occupancy is requested. This will ensure compliance with
program 10 as it is currently enforced.
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Analysis
The subject appeal is focused on two standard Planning Commission
conditions of approval, and is done so as to maintain the right
to contest the conditions in a court of law by exhausting all
administrative remedies available (Attachment C).
The first issue is CUP Condition Number 18, which requires the
developer to meet any conditions set forth in a Transportation
Management Plan (TMP) when and if one is adopted. This is a
standard condition of approval, and is placed on all new residen-
tial and commercial developments. The appellant cites the need
to file an appeal based on the City's lack of a TMP, and the
developer's inability to assess the impact of such an ordinance.
Through the subject appeal, the applicant reserves the right to
object to the TMP ordinance if and when one is adopted.
The second issue raised in the appeal letter relates to CUP Con-
dition Number 14. This condition implements Program 10 of the
Housing Element and is a specific requirement of Ordinance 1486.
The condition further sets a $320,000.00 fee for the 10 units not
replaced on-site. This fee was reached through discussions
between the city Attorney's office, the applicant's attorney and
Planning staff. The fee specifically represents a sufficient
level of equity investIDent necessary to develop a 10 unit
residential project in Santa Monica. Through the subject appeal,
the applicant reserves the right to object to the Program 10 im-
plementing ordinance if and when one is adopted.
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Conclusion
In that the subject proposal as conditioned meets all applicable
planning and zoning requirements, and as conditioned complies
with Program lO of the Housing Element, and since the two condi-
tions at issue relate to critical policies of the City, staff
recommends that the appeal be denied, and the project approved
subject to the findings and conditions contained in the April 18,
1990 Planning Commission statement of Official Action.
BUDGET/FINANCIAL IMPACT
If a program 10 implementing ordinance is adopted, the project
will generate revenue for the Housing Mitigation account. The
exact amount will depend on the in-lieu fees set forth in the
Program 10 implementing ordinance. If an in-lieu fee option is
not available at the time a Certificate of Occupancy is requested
for the project, a total of $320,000.00 will be paid by the
developer to meet Program 10 replacement requirements. This fee
is proposed to mitigate the developer's inability to replace all
units on-site.
RECOMMENDATION
It is respectfully recommended that the Council deny the appeal,
and uphold the Planning Commission's approval of DR 90-001, CUP
89-097, and Vesting TTM 48784 subject to the findings and
conditions contained in the April 18, 1990 Planning Commission
statement of Official Action.
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Prepared by: Larry Miner, Associate Planner
Paul Berlant, Director of Planning
Planning Division
Community and Economic Development Department
Attachments: A. Planning commission statement of Official Action
B. Planning Commission staff Report
C. Appeal Letter.
D. Project Plans
1m
PC/cup8997c
06/05/90
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ATTAc.I-\~erJT A
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: DR 90-001, CUP 89-097 and Vesting TTM 48784
LOCATION: 1114-1l28 Princeton street
APPLICANT: Schulman Family Trust
REQUEST: To construct a 2 story plus loft/3D', 18 unit
condominium development with subterranean parking
for 56 cars.
PLANNING COMMISSION ACTION
4-18-90
Date.
x
Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
DEVELOPMENT REVIEW FINDINGS
1. The physical location, size, massing, and placement of
proposed structures on the site and the location of pro-
posed uses within the project are compatible with and re-
late harmoniously to surrounding sites and neighborhoods,
in that the project site will be developed with 5 separate
buildings thereby reducing the bulk and mass of the proj-
ect and increasing articulation. This will reduce the
projects impact on the surrounding neighborhood.
2 . The rights-Of-way can accommodate autos and pedestrians,
including parking and access, in that access to the site
will be taken from an existing 20' rear alley.
3. The health and safety services (police, fire, etc.) and
public infrastructure (e.g. utilities) are sufficient to
accommodate the new development, in that all utilities are
existing and available to the project site.
4. Any provision of housing or parks and public open space,
which are part of the required project mitigation measures
required in Subchapter 5G of the city of Santa Monica Com-
prehensive Land Use and Zoning ordinance, satisfactorily
meet the goals of the mitigation program, in that a condi-
tion is placed on the project requiring compliance with
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any ordinance adopted by the City implementing Program 10
of the Housing Element.
5. The proj ect is generally consistent with the Municipal
Code and General Plan, in that, as conditioned, all plan-
ning and zoning requirements are complied with.
6. Reasonable mitigation measures have been included for all
adverse impacts identified in an Initial study or Environ-
mental Impact Report, in that the project is categorically
Exempt.
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 condominium develop-
ments are Conditionally permi tted uses and the subj ect
proposal 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 proj ect will entail the
removal of a 28 unit apartment building and the construc-
tion of an 18 unit condominium.
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 remain, in that the proposed 2 story plus loft is
similar in scale to surrounding multi-family residences,
and the existing 28 unit apartment building will be
removed and replaced with an l8 unit condominium
development.
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 under the maximum density permitted in the
R2 zoning district.
6. There are adequate prov~s~ons 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 201 wide alley will provide access to the 56 space
subterranean garage.
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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, 18 unit condomini urn is
compatible as with those existing uses.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that as conditioned,
the project complies with Program lO of the Housing Ele-
ment as it may be implemented by Ordinance 1486 (ccs) and
condition approval #14.
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 multi-family apartment project with
a reduced density 18 unit condominium development.
ll. 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 replace an existing 28 unit
apartment building thereby reducing the site's overall
density.
TENTATIVE PARCEL/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 in that the map has been reviewed and approved by
the City Engineer.
2. The site is physically suitable for the proposed type of
development it is level and serviced by all utilities.
3. The site is physically suitable for the proposed density
of development in that 6 units are permitted, and 5 units
are proposed with all required setback and lot coverage
requirements being met.
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 the development is an urban in-fill development.
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5. The design of the subdivision or the type of improvement
will not cause serious public health problems in that all
public utilities are available to the project site.
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 city Engineer has
reviewed the proposed tract map and no additional street
dedications have been requested of the developer.
CUP CONDITIONS
Special Conditions
1. The lofts shall not exceed 1/3 of the master bedroom.
Based on a master bedroom floor area of 200 square feet,
the lofts shall not exceed 66 square feet in size.
Plans
2. This approval is for those plans dated December 11, 1989,
a copy of which shall be maintained in the files of the
City Planning Division. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
3. 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.
4. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
5. 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.
6. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
7. 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.
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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 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.
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 unites) 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.
ll. 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.
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14. Prior to issuance of building permits for proj ect con-
struction, applicant shall enter into a deed restriction
that provides for compliance with Program 10 of the Hous-
ing Element and incorporates the condition required by
Ordinance 1486 (CCS). The deed restriction shall incorpo-
rate the following language: Prior to the issuance of a
Certificate of Occupancy for the projectl the project
shall comply with any ordinance adopted by the city Coun-
cil to implement Program lO of the Housing Element. In
the event that such an ordinance has not been adopted
prior to the issuance of a certificate of occupancy for
this development projectl this condition shall be of no
further force and effect. Failure to adopt an implement-
ing ordinance shall not excuse a developer from the
obligation to comply with any other condition imposed in
connection with Program 10 of the Housing Element.
Prior to the issuance of a certificate of occupancy for
this project, the applicant shall comply with any lawful
ordinance duly adopted by the City council to implement
Program 10 of the Housing Element: provided, however, that
if such an ordinance has not been adopted prior to the
issuance of a certificate of occupancy for the projectl or
if the ordinance then in effect would not permit this ap-
plicant to elect to pay a fee in lieu of the applicant's
replacement housing obligations thereunder I then the ap-
plicant shall be required to file within two (2) years
thereafter the development application(s) necessary or
appropriate to construct an additional (10) multi-family
housing units at a location or locations within the City
of Santa Monica. The applicant shall be required to com-
ply with all applicable provisions relating to Program 12
of the Housing Element in constructing these ten (10) ad-
ditional units. The two-year deadline for filing the ap-
plication(s) discussed herein shall automatically be ex-
tended by an amount of time of equal duration to any
moratorium on the filing of development applications for
multi-family dwelling units or condominiums, or a similar
measure restricting mUlti-family housing or condominium
development.
If, pursuant to the terms of this condition, the applicant
will be obligated to file an application or applications
to construct the aforementioned ten (10) dwelling units,
then, to secure the applicant's obligations hereunder, the
applicant shall, prior to the issuance of a certificate of
occupancy for its IS-unit project, be required to provide
the City with an irrevocable letter of credit, or other
acceptable security, in a form acceptable to the CitYI in
the amount of $320,000. The letter of credit or other
acceptable security shall be released by the city and re-
turned to this applicant immediately upon issuance of a
building permit or permits to the applicant to construct
not less than ten (10) additional dwelling units which may
be required by this condition.
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Prior to the issuance of a demolition permit for the im-
provements currently existing on the subject property, the
applicant shall execute an agreement with the City and
record it against the property, setting forth the terms of
this condition; provided, however, that in lieu of record-
ing said agreement, or in exchange for a recorded release
of that lien against its title, the applicant may at its
election provide the City with substitute security for the
aforementioned agreement in the form of an irrevocable
letter of credit or other acceptable security in the
amount of $l,120,OOO, in a form standardly acceptable to
the City. The amount of such a letter of credit shall be
reduced to $320,000 upon issuance of a certificate of oc-
cupancy for the project if no ordinance to implement Pro-
gram 10 has been adopted by that date or if the ordinance
then in effect does not authorize this applicant to pay a
fee in lieu of the applicant's replacement housing obliga-
tions thereunder.
Construction
15. Unless otherwise approved by the Department of General
Services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
16. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as deter-
mined by the Department of General services shall be re-
constructed to the satisfaction of the Department of
General Services. Approval for this work shall be ob-
tained from the Department of General Services prior to
issuance of the building permits.
17. Vehicles hauling dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
18. street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
19. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General
Services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
architect; 2) Describe how demolition of any existing
structures is to be accomplished; 3) Indicate where any
cranes are to be located for erection/construction; 4)
Describe how much of the public street, alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion; 5) Set forth the extent and nature of any pile-
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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:
l5) 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 l.O gallon urinals and low
flow shower head.)
Miscellaneous CUP Conditions
23. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
24. 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.
25. Landscaping plans shall comply wi th subchapter 5B
(Landscaping Standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
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maintenance
Subchapter.
and
other standards
contained
in the
26. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC section 9040.13-9040.15.
Refuse areas shall be of a size adequate to meet on-site
need, including recycling. The Architectural Review Board
in its review shall pay particular attention to the
screening of such areas and equipment.
26. street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
27. No gas or electric meters shall be located within the re-
quired front yard setback area. The Architectural Review
Board in its review shall pay particular attention to the
location and screening of such meters.
28. Any lofts or mezzanines shall not exceed 99 square feet
unless appropriate required parking is supplied. Such
areas shall also not exceed 33.3% of the room below unless
compliance with the district's limits on number of stories
can be maintained.
Validity of Permits
29. The conditional use permit shall be of no further force or
effect if the Tentative Map expires prior to approval of a
Final Map for said tract.
30. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
31. Within ten days of Planning Division transmittal of the
Statement of Official Action, project applicant shall
sign and return a copy of the Statement of Official Action
prepared by the Planning Division, agreeing to the Condi-
tions of approval and acknowledging that failure to comply
with such conditions shall constitute grounds for poten-
tial revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights appli-
cant may possess regarding said conditions. The signed
statement shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
32. This determination shall not become effective for a period
of fourteen days from the date of determination, or, if
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator.
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INCLUSIONARY UNIT CONDITIONS
1. The developer shall covenant and agree with the City of
Santa Monica to the specific terms, conditions and
restrictions upon the possession, use and enjoyment of the
subject property, which terms, conditions and restrictions
shall be recorded with the Los Angeles County Recorder's
Office as a part of the deed of the property to ensure
that 3 affordable unit(s) is (are) provided and maintained
over time and through subsequent sales of the property.
An affordable unit shall be defined as being affordable to
households with incomes not exceeding 100% of the (HUD)
Los Angeles County median income, expending not over 30%
of monthly income on housing costs, as specified by the
Housing Division of the Department of community and
Economic Development.
This agreement shall be executed and recorded prior to
approval of the Final Map. Such agreement shall specify
l} responsibilities of the developer for making the
unites) available to eligible tenants and 2) responsibili-
ties of the City of Santa Monica to prepare application
forms for potential tenants, establish criteria for
qualifications, and monitor compliance with the provisions
of the agreement.
Owner shall provide the City Planning Division with a
conformed copy of the recorded agreement prior to approval
of the Final Map.
This provision is intended to satisfy the inclusionary
housing requirements of Program 12 of the Housing Element
of the General Plan of the city of Santa Monica ("Program
12") . Developer may satisfy the obligations created by
this Agreement by demonstrating to the Director of Plan-
ning compliance with Ordinance 1448 (CCS), which provides
implementation standards for Program l2.
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 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
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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 I 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 of $1,000 per saleable residential unit per the provi-
sions of section 6651 et seg. 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.
B. 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 project pursuant to Government Code Section
66499.30.
lO. 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: Rosenstein, Pyne, Mechur, Kaufman, Farivar, Nelson
Nays:
Abstain:
Absent: Lambert
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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
l094.6, 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.
signature
date
Donald Lewin Nelson, Chairperson
Please Print Name and Title
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/stcp8997
1m
05/08/90
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ATIAct\A.\sNT ~
CITY PLANNING DIVISION
Community and Economic Development Department
M E M 0 RAN DUM
DATE: April 18, 1990
TO: The Honorable Planning Commission
FROM: Planning staff
SUBJECT: DR 90-001, CUP 89-097 and Vesting TTM 48784
Address: lll4-l128 Princeton street
Applicant: Schulman Family Trust
SLTMMARY
Action: Review of Conditional Use Permit 89-097, Development Re-
view Permit 90-001, and Vesting Tentative Tract Map 48784 to al-
low development of 2 story plus loft/30', 18 unit condominium
project with subterranean parking for 56 cars.
Recommendation: Approval with conditions
Permit Streamlining Expiration Date: June 19, 1990
SITE LOCATION AND DESCRIPTION
The subj ect property is a 31,200 sq. ft. parcel located on the
west side of Princeton street between Wilshire Boulevard and
Washington Avenue having a frontage of 195 feet. Surrounding
uses consist of a 2 story single-family residence to the north
(Rl) and 2 mUlti-family residences to the south, east and west
(R2) .
Zoning Districts: R2
Land Use Districts: Low Density Residential
Parcel Area: 195' X 160' - 31,200 square feet
PROJECT DESCRIPTION
Proposed is the removal of 4 two-story apartment buildings con-
taining a total of 28 units and construction of a two story plus
10ft/3D', 18 unit condominium project. The 18 units will be de-
veloped over a 56 space subterranean garage which is accessed
from a 20' wide rear alley. The site will be developed with 5
separate buildings housing the 18 townhome style condominium
units. Three floor plans are proposed: Floor plan "A" will have
1,747 square feet of floor area, 3 bedrooms, a dining room over
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for the project. A proposed condition of project approval (con-
dition #14) requires that the project developer comply with any
ordinance adopted by the City implementing Program 10 of the
Housing Element, if such an ordinance is adopted prior to a Cer-
tificate of Occupancy being issued, by recording a deed restric-
tion on the property. The removal of a 28 apartment units and
construction of a 18 unit apartment building is subject to such a
condition for two reasons. First, of the 28 units being removed
only l8 will be replaced, and secondly, the proposed replacement
project is for condominium units not rental units. The subject
proposal will therefore be required to enter into a deed restric-
tion (Attachment D) prior to the issuance of building permits in
order to insure compliance with the Program 10 implementing or-
dinance if and when one is adopted. The deed restriction will
also include language requiring the replacement of 10 additional
units within the City if no Program lO implementing ordinance is
adopted by the time a Certificate of Occupancy is requested.
This will ensure compliance with Program 10 as it is currently
enforced.
Under Santa Monica Municipal Code Section 90l2.6{h), a develop-
ment review permit is required for any development over 15,000
square feet. The subject proposal is approximately 31,198 square
feet in size.
The proposal is not subject to CEQA in that any project involving
the construction of 35 or less dwelling units is categorically
exempt per the City of Santa Monica Guidelines for the Implemen-
tation of CEQA.
The design of the proposed development is such that impacts on
the surrounding neighborhood are minimized. The development of 5
separate buildings gives the project a smaller scale and provides
a high degree of roof articulation on the street frontage fa-
cades. The orientation of the buildings, specifically roof decks
and balconies, further reduces impacts to the neighborhood. By
facing all roof decks and most balconies toward the interior of
the site, potential privacy issues are mitigated. The use of
French windows and balconies provides additional articulation on
all building elevations.
Required side yard setbacks of 12'-8" are provided as is a re-
quired 20' front yard and 15' rear yard. Balconies project the
maximum 30" permitted into the front yard and the maximum 4' per-
mitted into the required rear yard.
The subject proposal meets parking requirements with the provi-
sion of 56 parking spaces in a subterranean garage. The garage
will be accessed from a 20' rear alley. Fourteen of the units,
those with floor plans "A" and "Clt, will have 3 bedrooms and a
separate dining room over 100 square feet. Those units would
require 3 parking spaces each, or a total of 42 spaces. The
remaining 4 units, all with floor plan "B", have 2 bedrooms and a
dining rooms over 100 square feet. Those units would require 2.5
parking spaces each, or a total of 10 spaces. A total of 4 quest
parking spaces are required.
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6. Reasonable mitigation measures have been included for all
adverse impacts identified in an Initial study or Environ-
mental Impact Report, in that the project is categorically
Exempt.
CONDITIONAL USE PERMIT FINDINGS
l. 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 condominium develop-
ments are Conditionally Permitted uses and the subject
proposal 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 proj ect will entail the
removal of a 28 unit apartment building and the construc-
tion of an 18 unit condominium.
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 remain, in that the proposed 2 story plus loft is
similar in scale to surrounding multi-family residences,
and the existing 28 unit apartment building will be
removed and replaced with an 18 unit condominium
development.
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
the proposal is under the maximum density permitted in the
R2 zoning district.
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 20' wide alley will provide access to the 56 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, 18 unit condominium is
compatible as with those existing uses.
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reviewed the proposed tract map and no additional street
dedications have been requested of the developer.
CUP CONDITIONS
Special Conditions
1. The lofts shall not exceed 1/3 of the master bedroom.
Based on a master bedroom floor area of 200 square feet,
the lofts shall not exceed 66 square feet in size.
Plans
2. This approval is for those plans dated December 11, 1989,
a copy of which shall be maintained in the files of the
City Planning Division. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
3. 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.
4. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
5. Minor amendments to the plans s~all 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.
6. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
7. 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
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 proj ect pay such new development fees, and
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connection with Program 10 of the Housing Element.
Prior to the issuance of a certificate of occupancy for
this project, the applicant shall comply with any lawful
ordinance duly adopted by the City council to implement
Program 10 of the Housing Element; provided, however, that
if such an ordinance has not been adopted prior to the
issuance of a certificate of occupancy for the project, or
if the ordinance then in effect would not permit this ap-
plicant to elect to pay a fee in lieu of the applicant's
replacement housing obligations thereunder, then the ap-
plicant shall be required to file within two (2) years
thereafter the development application(s) necessary or
appropriate to construct an additional (10) mUlti-family
housing units at a location or locations within the City
of Santa Monica. The applicant shall be required to com-
ply with all applicable provisions relating to Program l2
of the Housing Element in constructing these ten (10) ad-
ditional units. The two-year deadline for filing the ap-
plication(s) discussed herein shall automatically be ex-
tended by an amount of time of equal duration to any
moratorium on the filing of development applications for
multi-family dwelling units or condominiums, or a similar
measure restricting mUlti-family housing or condominium
development.
If, pursuant to the terms of this condition, the applicant
will be obligated to file an application or applications
to construct the aforementioned ten (10) dwelling units,
then, to secure the applicant's obligations hereunder, the
applicant shall, prior to the issuance of a certificate of
occupancy for its lS-unit project, be required to provide
the City with an irrevocable letter of credit, or other
acceptable security, in a form acceptable to the City, in
the amount of $320,000. The letter of credit or other _
acceptable security shall be released by the City and re-
turned to this applicant immediately upon issuance of a
building permit or permits to the applicant to construct
not less than ten (10) additional dwelling units which may
be required by this condition.
Prior to the issuance of a demolition permit for the im-
provements currently existing on the subject property, the
applicant shall execute an agreement with the City and
record it against the property, setting forth the terms of
thi. condition: provided, however, that in lieu of record-
ing said agreement, or in exchange for a recorded release
of that lien against its title, the applicant may at its
election provide the City with substitute security for the
aforementioned agreement in the form of an irrevocable
letter of credit or other acceptable security in the
amount of $1,120,000, in a form standardly acceptable to
the city. The amount of such a letter of credit shall be
reduced to $320,000 upon issuance of a certificate of oc-
cupancy for the project if no ordinance to implement Pro-
gram 10 has been adopted by that date or if the ordinance
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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 CUP Conditions
23. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
24. 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.
25. 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.
26. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC Section 9040.13-9040.15.
Refuse areas shall be of a size adequate to meet on-site
need, including recycling. The Architectural Review Board
in its review shall pay particular attention to the
screening of such areas and equipment.
26. street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
27. No gas or electric meters shall be located within the re-
quired front yard setback area. The Architectural Review
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This agreement shall be executed and recorded prior to
approval of the Final Map. Such agreement shall specify
1) responsibilities of the developer for making the
unites) available to eligible tenants and 2) responsibili-
ties of the city of Santa Monica to prepare application
forms for potential tenants, establish criteria for
qualifications, and monitor compliance with the provisions
of the agreement.
Owner shall provide the City Planning Oivision with a
conformed copy of the recorded agreement prior to approval
of the Final Map.
This provision is intended to satisfy the inclusionary
housing requirements of Program 12 of the Housing Element
of the General Plan of the City of Santa Monica ("Program
12") . Developer may satisfy the obligations created by
this Agreement by demonstrating to the Director of Plan-
ning compliance with Ordinance 1448 (CCS), which provides
implementation standards for Program 12.
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 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).
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Land Use
Municipal Code Element
Project
18 unit condo.
Permitted Use 1 unit/l,500
sq. ft. lot
area = 22 d.u.
max.
Height 2 stories/3D'
Setbacks
Front yard
sideyard
Rearyard
Lot Coverage
Parking
Landscaping
2 stories + loft/
JO'
20'
20'
12'-10"
12'-10"
15'
15'
50% max.
50%
56 parking
spaces
required.
56 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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ORIGINAL
.
89-1334421
Kev~n Kazal
LAWRENCE & PARDI~G
1250 s1xth St~eet, SUlte 3
Santa Monlca, CA 90401
I J I
.MM IICOROED IN OFFICIAL RECORDS
~COROERtS OFfICE
LOS ANGELES COUNTY
CALIFORNIA
1 . t2 P. Y.AUG 18 1989
RECORDING REQUESTED BY
A,.";D 'r'lHEN RECORDED MAIL TO:
1685
CA 90JOl
'..(1 rICE OF I~ITT~DPAliAL
OF CO~TPOLLED RESIDF~TIAL REST~L U~ITS
(Regs. l600Z(b)-(f) J
j fEE $11 4 S!
~L
~1 P P II
(offIce use only)
NOrF: ThIS ~Oilr.F. O~ ~ITHnRA~AL must be recorrlerl wIth the Los
An~eles County Recorder's OffIce located at 227 ~. Broadwavt
Los ~ngeles, C\ 90012, (213) 97J-6611.
Proper rec~r~lng shall not take place until 3n days have
passed Since fIling of the NOTICE OF INTE~T TO WITHDRAW
RESIDE~TI~L RF'1TAL UNITS wIth the Rent Concrol Roard office.
The date of flllng of the NOTICE IS the date of acceotance of
the NOTICE bv the Rent Concrol Board as noted on the ~OTICE OF
ACCF.PTA:-1CE forr.:!.
Tenants may not receive notice to terminate e~lstln2
tenancy untIl a conformed COPy of thiS ~OTlr.F.~ pronerlv
recorded. has been served upon and acce~ted by the Rent Control
Board.
I. Oh'NF.R r~FOR~fATr("J~: (All owners of the propertv must be
Ilstec. If addItIonal space IS needed attach a separate
sheet using the sa~e format).
Nar.'le: The Hyman and Rose Shulman Family Trust
Address:1964 West~ood Boulevard, Suite 460
Los Angeles, CA 90025
Phone 'lumhcr: ( 213) 470-5813
I I. PROPERTY I'J;:OR'f~T:O':
,
Address: 1114-1128 Princeton
Santa ~1onlCat C,\
90403
'lP Code
\'lPF - 3
3~79R:6/Z4/a6
Palle 1 of 2
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STATE OF CALIFORNIA )
) ssw
COUNTY OF LOS ANGELES )
On this /S-r'-day of,4u..~ ,198.2., before me, the unders~gned,
a Notary Public~n and for said County and State, personally
appeared &e~!'N LevI ff ,personally known to me (or proved to
me on the basls of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged to me
that he executed the same.
WITNESS my hand and official
L&~//; ((J / )}~~9"
ti9t'fa ture V' - (7 ()
!la/aile ~ II,; q e!SaJt q
Typed or Printed' Nam; c1
seal.
18- - ~. - ~--OFFtCl..\l-~- --r
NATALIE C VOGELSANG f
,,; Notary ~IC-Callfomla I
L.OS ANGELE:i COUNTY
My Ccmn. Exp 0.. 1 e. ,.,
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STATE OF CALIFORNIA )
) ssw
COUNTY OF LOS ANGELES )
On this~day of AIL(; , 19S9, before me, the undersigned,
a Notary Public; in and for said County and State, personally
appeared L-kr/'u It.eu/".,.I' , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged to me
that he executed the same.
( t~j W1!a;;k:d officia1 sea1.
'--'~~ture tI p7
T~ 1t1ifn~(fNJ(r7 !J p6:t1J
@'OFFICIAlSEALr
NATAliE C WlGELSANG
NalIiry F\tllIc-c.llfomra
LOS ANGELES COUNTY
My 0cnIn. EIlp 010. 11, ,.,
as ~
.
.
RECORDING REQUESTED BY:
Clty of Santa Mon~ca
WHEN RECORDED MAIL TO:
C1ty of Santa Monlca
1685 Maln street
Santa Mon1ca, Callfornia 9040l
Attent~on: Housing Program Manager
NO RECORDING FEE REQUIRED
GOVER~MENT CODE SECTION 27383
Space above thlS llne for recorder's use
AGREEMENT REGARDING PROGRAM 10 REPLACEMENT HOUSING REQUIREMENTS
ThlS Agreement Regardlng Program lO Replacement Hous~ng
Requlrements (herelnafter referred to as "Agreement"), by and
(hereinafter
referred
to
as
between
II Developer")
and the CITY OF SANTA MONICA,
a municlpal
corporation (hereinafter referred to as "Cityn), is made with
reference to the following facts:
R E C I TAL S:
-------
A. Developer is the current owner of that certain real
property commonly known as
, in the
City of Santa Monica, County of Los Angeles, State of California
(hereinafter referred to as the "Subject Propertyll), and legally
described as follows:
B. The Subject Property is improved with ____ mUlti-family
residential units.
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NOW, THEREFORE, the underslgned partIes agree as follows:
1. Developer shall comply with Program lO by replacing the
multifamily residentIal units beIng demolished as part of
the ProJect wIth _ residential units on the Project site or
else'.vhere in the City prior to J.ssuance of a certiflcate of
occupancy for the Project on the SubJect Property. However, in
the event that an ordinance implementlng Program 10 of the
Housing Element IS adopted by the City council prior to issuance
of a cert~ficate of occupancy for the Project, the requlrements
of such ord~nance shall supersede thlS condition and Developer
shall comply with such ordinance pursuant to this Agreement.
2. Prlor to the issuance of a certlficate of occupancy for
thls ProJect, the Project shall comply with any ordinance adopted
by the City Council to implement Program 10 of the Housing
Element. In the event that such an ordinance has not been
adopted prior to the issuance of a certificate of occupancy for
thlS ProJect, this condition shall be of no further force and
effect. Fail ure to adopt an implementing ordlnance shall not
excuse a developer from the obligation to comply with Paragraph 1
of this Agreement.
3. This Agreement may be amended or modified only by a
wri ting signed by all of the parties and consented to by the
ci ty. Any purported amendment or modification in violation of
the terms of this paragraph shall be void.
4. Any notice or other communication contemplated by this
Agreement must be made in writing by registered or certified
mail, return receipt requested, or by personal delivery, to the
appropriate address as set forth below each party's signature (or
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.T17\C t\^-/ENT C
Cay of
Santa Monica
Communlly and Economic De~pment Department
Planning and Zoning Dlvts.lcn
(213) 458.8341
APPEAL FORM
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FEE: $100.00
Date Fied A 'PR' L "'2.. f" ,q"\ 0
ReceIVed ti1'G :' PP 7!r '^-Jl (1 I"-~
ReceIpt No E l15; e,. g. ~ '2:.
Name Hyman and Rose Shulman Fam~ly Trust
Mdre~ 1964 Westwood Boulevard, Los Angeles, CA 90025
CcntactPerson Barry Lev~tt Phone (213) 470-5813
Please descnbe the project and deciSIOn to be appealed a two storv 18-uni t condomin~urn oroiect over
a subterranean parking garage w1th 56 parking spaces.
Case Number CUP 89-097
Address 1114-28 Princeton Street
ApphcantHyman and Rose Shulman Family Trust
Onglnal heanng date A P r ~ 1 18, 1 9 90
Onglnal acllon Approval of Proi ect
Please state Ihespeclflc reason(s) for the appeal On April 18." 1990." the Planninq Cnmmi !=:Ri on
unanimously approved th~s new condomlnium project in accordance with the
condlt10ns to approval recommended by C1ty Staff. We submltted comments
on CUP Condition Nos. 8 and 14. Those comments are set forth in our letter
of Aprll 16, 1990 concerning this project. A copy of that letter is
attached to th1s appeal. The object~ons ra1sed in that letter form the
baS1S for th1s appeal.
Law r e nc e & Hard i ng If addrbonal space IS needed, use back 01 tonn.
Signatul't' By: ~ ~ -1- ?/ -
Kenneth L. Kutcher
Attorneys for Hyman and Rose Shulman Family Trust
Dale
April 27, 1990
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LAWRE~CE & H&-\RDI~G
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I:~IZA.I:-t-I A ST!:R'''''
"'f'TORNEvs AT L,A.W
1250 SIXT", STREET
SUITE 300
April 16, 1990
S.....NTA ,.. ON' C..... CAL...;'-ORNIA 90"01
TE...I:....O..E '.l:I~1 393-1007
TE...I!:COP'ER '.1:131 _!5e.'Q59
S....!:RMA... I,. S-AC1:Y
::.'" -C::l.....SIE..
VIA MESSENGER
Santa Monica Planning Commission
l685 Main Street, Room 212
Santa Monica, CA 90401
Re: DR 90-001, CUP 89-097 and Vesting TTM 48784
Address:
Applicant:
1ll4-1128 Princeton street
Schulman Family Trust
Dear Commissioners:
This letter is being submitted on behalf of the Applicant
in the above-referenced matter, the Schulman Family Trust, in
response to the Staff Report dated April 18, 1990.
We agree with the Staff's recommendation that the
Commission approve this project. As noted in the staff Report, the
physical design of this project is consistent in all respects with
the applicable General Plan and Municipal Code development
standards. The project contains 18 units (22 units are allowed by
the zoning ordinance) and includes 56 parking spaces (more than
three parking spaces per unit). The project also satisfies the
applicable height, setback, lot coverage and landscaping
requirements.
In addition, as the Staff Report also acknowledges this
project has been designed in a manner to minimize its impact on the
surrounding neighborhood. The project consists of five separate
buildings, which reduces the scale of the project. Moreover, by
having all roof decks and most balconies focused towards the
interior of the project site, potential neighbor intrusion issues
are mitigated.
With respect to the conditions of approval, we submit the
following comments:
1. CUP Condition No.8:
This condition references the City's contemplated
adoption of a Transportation Management Plan ("TMP"). Because the
TMP has not been adopted, and consequently the Applicant cannot
presently assess the legality, fairness or economic impact of the
TMP on this project, the Applicant objects to this condition in
.
A ..IO..es.,o......... -:;:'l1li po..,,""0....
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.
. ..AT10~""C.""''5 AT LAW
Santa Monica Planning Commission
April 16, 1990
Page 2
order to reserve its right to object to the TMP if and when
adopted.
2. CUP Condition No. l4:
This condition relates to Program 10 of the Housing
Element. This condition meets the requirements of Program lO and
Ordinance 1486(CCS), and further elaborates upon the requirements
of Program 10 as it applies to this project since this project,
when completed, will reduce the number of housing units on this
site.
The Applicant acknowledges that the Planning Division and
the City Attorney's office have crafted a condition which meets the
requirements of Program 10 and Ordinance 1486 as they currently
apply to this project, or may apply in the future depending upon
the outcome of the proposed Program 10 Implementation Ordinance.
The Applicant's obligations under this Condition may be summarized
as follows:
(a) If the proposed Program 10 implementing ordinance
establishes in-lieu fees as a means of satisfying
Program 10 prior to issuance of a Certificate of
Occupancy for this project, the Applicant will be
required to pay such in-lieu fees. This obligation
will be secured by a deed restriction on the
property or by a $1,120,000 irrevocable letter of
credit or other acceptable security, this being the
approximate amount of fees that would be due if the
City Council adopts the most recent version of the
Program 10 Implementation Ordinance.
(b) If the in-lieu fee option is not in place prior to
issuance of a Certificate of Occupancy for this
project, then the Applicant will be required to
construct 10 additional multi-family housing units
in the City of Santa Monica within a reasonable time
frame, as set forth in the Condition. This
obligation is secured by a $320,000 irrevocable
letter of credit or other acceptable security. This
amount reflects a reasonable level of equity
investment to develop 10 multi-family dwelling units
(two bedrooms) in Santa Monica.
Nevertheless, the Applicant must formally lodge its
objections to this Condition for several reasons. First of all,
because this Condition may eventually require the Applicant to
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Santa Monica Planning Com~ission
April 16, 1990
Page 3
comply with an ordinance not yet in place, the Applicant is in no
position to assess the legality, fairness or economic impact of
this Condition. Secondly, it is our position that Program 10, as
1nterpreted in the most recent draft of the Program 10
Implementation Ordinance, is unconstitutional and violates the
Ellis Act. Thus, while we understand this Condition is necessary
to ensure the project complies with Program 10 of the Housing
Element, nevertheless for the record we must formally object to
this Condition in order to ensure that the Applicant retains its
right to challenge this Condition should it be implemented at a
later time in a manner which the Applicant finds objectionable.
Respectfully submitted,
c.~.~ ""'. '<, ~-.I~
Christopher M. Harding
of LAWRENCE & HARDING
a Professional Corporation
cc: Larry Miner
Kenyon Webster
Paul Berlant
Laurie Lieberman
Barry Levitt
Jay Abarbanel
Steve Frew
CMH:mee:CH2A-Q16.600