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SR-300-004 C/ED:CPD:DKW:DM PC/CST8972 Council Meeting: Santa Monica, 6-i JUl 1 0 1990 California I . . 3?JO-OOL,/ July 10, 1990 TO: Mayor and City Council FROM: City staff SUBJECT: Certification of statement of Official Action for Appeal of Conditional Use Permit 89-072, 1109 16th street. INTRODUCTION This report transmits for city Council certification the statement of Official Action for the appeal of the above listed Condi tional Use Permit to allow the construction of a 4 unit condominium at 1109 16th street. BACKGROUND After public hearing and careful review of the record and staff recommendations, the City Council upheld the appeal and approved the proposed Conditional Use Permit on May 29, 1990. RECOMMENDATION It is respectfully recommended that the city Council approve the attached statement of Official Action which contains findings and conditions of approval for CUP 89-072. Prepared By: David Martin, Associate Planner D. Kenyon Webster, Principle Planner Paul Berlant, Director of Planning Attachment DM PC/CST8972 6-1 JUL 1 0 1990 . . STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Conditional Use Permit 89-072 Tentative Parcel Map 21640 LOCATION: 1109 16th street APPLICANT: Bijan Azadi & Associates REQUEST: Conditional Use Permit and Tentative Parcel Map to allow the construction of a 4 unit condominium building. CITY COUNCIL ACTION OS/29/90 XX Date. Approved project based on the following findings and subject to the conditions below. Denied. Other. TENTATIVE PARCEL MAP FINDINGS 1. The proposed SUbdivision, together with its prov~s~on for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica in that the plan conforms to the provisions of the Zoning Ordinance and the General Plan. 2. The site is physically suitable for the proposed type of development in that it is a standard lot with no unusual characteristics. 3. The site is physically suitable for the proposed density of development in that a 7,500 square foot R2 parcel can accommodate 5 units. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or sub- stantially and avoidably injure fish or wildlife or their habitat in that the proposed development is an in-fill of urban land adequately served by existing infrastructure. 5. The design of the subdivision or the type of improvement will not cause serious PUblic health problems in that the - 1 - . . proposed development is complies with the provisions of the Zoning Ordinance and the General Plan. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision in that the subject site is ade- quately served by existing streets and alleys. 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 the proposed condomini- um conforms to the Zoning Ordinance and the General Plan. 2. The proposed use would not impair the character of the district in which it is to or located, in that it would be located in residential district. integrity and be established a mUlti-family 3. The subject parcel is physically suitable for the type of land use being proposed, in that the proposed project meets the density standards for the R2 District. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to rema in, in that the existing structure would be demolished. 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 area is a mix of single-family and multi-family residential units. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to pUblic health and safety, in that the proposed development is an in-fill of urban land adequately served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that the site is adequately served by existing streets and alleys. 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 all setback, lot coverage and height requirements for the R2 District have been met. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the area is de- fined as a Low Density Housing area by the Land Use Ele- ment of the General Plan. - 2 - . . 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed project complies with the provision of the zoning Ordinance and the General Plan. 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, section 9050 and special conditions outlined in Subchapter 7, section 9055 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that no performance standard per- mit would be required. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the area is defined as a multi-family residential district. CONDITIONAL USE PERMIT CONDITIONS Plans 1. This approval is for those plans dated September 28, 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. 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. 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 Plann~ng 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 - 3 - . . 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. 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 unit(s) 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, 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. 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 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. 12. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. Construction 13. 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. - 4 - . . 14. 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. 15. 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. 16. 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. 17. A construction period mitigation plan shall be prepared by the appl icant for approval by the Department of General Services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/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, 1 ighting, 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. 18. 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. - 5 - . . 19. 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 20. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) Miscellaneous Conditions 21. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. - 6 - . . Validity of Permits 28. 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. 29. 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. 30. 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. special Conditions: 31. The required 4' unexcavated side yard shall be on the north side of the property. 32. A 2' unexcavated side yard shall be provided on the south side of the property from the front of the parcel to a point such that adequate head room and turning radius is provided and approved by the City Traffic Engineer. 33. The balcony for unit #4 shall be extended to the east far enough to allow for adequate headroom. 34. Landscape and irrigation plans shall be prepared by a li- censed landscape architect. 35. The existing vine at the west end of the property shall be saved and three new trees shall be planted in the 2' unex- cavated side yard area. 36. The proposed landscape and irrigation plans shall be re- viewed by the neighbors to the south prior to the ARB review. 37. If the vine can not be saved, it shall be replaced with a trellis and planting to provide like privacy. TENTATIVE PARCEL MAP CONDITIONS 1. All off site improvements required by the City Engineer shall be installed. Plans and specifications for off site - 7 - . . 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 I s office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code section 66452.6 and Sections 9380-9382 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the City of Santa Monica for approval. 4. The developer shall provide the Engineering Department of the City of Santa Monica with one Dizal Cloth print reproduction and microfilm of each sheet of the final map after recordation. 5. Prior to approval of the final map, Condominium Associa- tion By-Laws (if applicable) and a Declaration of CC & Rls shall be reviewed and approved by the City Attorney. The CC & R' s shall contain a non-discrimination clause as presented in section 9392 (SMMC) and in the case of con- dominiums, contain such provisions as are required by Sec- tion 9l22E (SMMC). 6. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provi- sions of section 6651 et seq. of the Santa Monica Municipal Code. 7. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of Sections 9330 through 9338 (SMMC) and the Subdivision Map Act. The required Final Map filing fee shall be paid prior to scheduling of the Final Map for City council approval. - 8. The form, contents, accompanying data, and filing of the final parcel map shall conform to the provisions of Sec- tions 9350 through 9357 (SMMC) and the Subdivision Map Act. 9. The final map shall be recorded with the Los Angeles Coun- ty Recorder prior to issuance of any building permit for a condomini um proj ect pursuant to Government Code Section 66499.30. 10. Pursuant to Section 9366 (SMMC), if interested person disagrees with Planning commission with respect to appeal or complaint may be filed in Clerk. No appeal or complaint may the subdivider or any any action by the the tentative map, an writing with the city be filed after a ten - 8 - . . day period from the Commission's decision on the tentative map. VOI'E Ayes: Abdo, Finkel, Genser, Jennings, Katz, Reed, Zane Nays: Abstain: Absent: NOTICE If this is a final decision not subject to further appeal under the City of santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1400. This does not: supercede Public Resources Code Section 21167, which governs the time within which judicial review of the City's acts or decisions in connection with the California Environmental Quality Act must be sought. 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 print name and title I hereby agree to the above conditions ot 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/CCST8972 OM 06/18/90 - 9 -