SR-300-004
C/ED:CPD:DKW:DM
PC/CST8972
Council Meeting:
Santa Monica,
6-i
JUl 1 0 1990
California
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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