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SR-402-001 (14) 1/t92'- PO / f:=,-\-\ OCT 2 5 198& , , C/ED:PB:SF:SL Council Meeting: October 25, 1988 Santa Monica, California TO: Mayor and City Council FROM: City staff SUBJECT: Certification of statements of Official Action for the Appeal of cup 473, CUP 474, CUP 475, CUP 476, CUP 478, TTM 45454, TTM 45455, TTM 45456, TTM 45457, TPM 18719 (EIA 849); Oscar Katz Trust INTRODUCTION This report transmits for City Council certification, five statements of Official Action for the appeal of the above listed Conditional Use Permits and subdivision maps for the Katz Condominium Developments to allow the construction of 79 residential condominium units at 2115, 2722, 2913, 3000 and 3019 Third street. BACKGROUND After public hearing and careful review of the record and staff recommendations, the City Council upheld the appeal and approved the five proposed condominiuim developments on September 27, 1988. RECOMMENDATION It is respectfully recommended that the City Council approve the attached Statements of Official Action which contain findings and conditions of approval for CUP 473, CUP 474, CUP 475, CUP 476, - 1 - ~tt - -~ CUP 478, TTM 45454, TTM 45455, TTM 45456, TTM 45457 and TPM 18719 (EIA 849). Prepared By: Shari Laham, Associate Planner Paul Berlant, Director of Planning Suzanne Frick, Principal Planner SL STMEM 10/06/88 Attachments - 2 - , . STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: CUP 473, Vesting TTM 45454, EIA 849 LOCATION: 2913 Third street APPLICANT: Oscar Katz Trust REQUEST: Conditional Use Permit, Vesting Tentative Tract Map and Environmental Impact Report to allow con- struction of a three-story, 21-uni t residential condominium development with 55 subterranean parking spaces. PLANNING COMMISSION ACTION 9/27/88 X Date. Approved based on the following findings and subject to the conditions below. Denied. Other. CONDITIONAL USE PERMIT FINDING 1. The proposed use and location are in accordance with good zoning practice; the use is compatible with existing and potential uses within the general area; traffic or parking congestion will not result; the public health, safety and general welfare are protected and no harm to adj acent properties will result. TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, together with its prov~s1on for its design and improvements, is consistent with applicable general and specific plans as adopted by the city of Santa Monica. 2. The site is physically suitable for the proposed type and density of development in that the project is an in-fill of urban land adequately served by existing infrastructure and proposed on a site having no significant physical characteristics which would preclude the development. - 1 - , . ~ ~ 3. 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. 4. The design of the subdivision or the type of improvement will not cause serious public health problems. 5. 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. 6. The design of the subdivision does not preclude future passive or natural heating or cooling opportunities. SPECIAL CONDITIONAL USE PERMIT CONDITIONS 1. Construction hours shall be limited to 7 a.m. to 8 p.m. Monday through Friday and 9 a.In. to 8 p.m. Saturday as set forth in Section 4204 (SMMC) or as amended by Ordinance. 2. Noise specifications for construction equipment shall com- ply with the City of Santa Monica Noise Ordinance (Ord. 1406 CCS); internal combustion engines shall be equipped with a muffler; stationary generators shall be fully en- closed and temporary barriers used between generators and-~ property lines. 3. A standard sewer hook-up fee shall be paid to the city. 4. Applicant shall pay for a gauging study of the sewer lines in the immediate vicinity of the project, if determined necessary by the General Services Department, to assess the capacity of these lines to service this project. If lines need to be replaced, the applicant shall be assessed a proportionate share of the capital improvement costs as determined by the General Services Department. S. Only ultra-low flow plumbing fixtures (i. e., maximum 1. 5 gallon toilets and low-flow showerheads shall be installed at the project. The applicant shall comply with the zero net flow option contained in section 7186 of Ordinance No. 1451 (CCS). 6. All air conditioning units shall be housed and/or muffled such that they do not cause an exceedance of an equivalent sound level of 45 dBA at the property line. 7. The exterior lighting plan shall incorporate low-intensity lighting and hooded light fixtures orientated away from traffic and surrounding residential uses. 8. That all construction-related parking, including employee and construction vehicles, shall be parked off-street. - 2 - 9. The working drawings shall include a section showing the overall height of the structures not to exceed 40' -On aboVe average natural grade. 10. Any parking control system shall require prior approval of the Planning Division to ensure that parking is accessible for visitor use. 11. The Architectural Review Board shall review the project to evaluate the need for public safety and security reasons to construct a fence or wall of suitable materials and design not to exceed six feet in height at various loca- tions surrounding the perimeter of the site. 12. The loft in unit plans Hand H-reverse. shall not exceed one-third the area of the open room below. 13. The Architectural Review Board shall review the project to ensure that there is an adequate pedestrian entrance statement made on the front elevation. 14. No residential parking permits for residents or guests shall be issued for this project. STANDARD CONDITIONAL USE PERMIT CONDITIONS 1. Plans for final design, landscaping and trash enclosures~ shall be subject to review and approval by the Architec- tural Review Board. 2. 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 substantial conformance with the plans submitted or as modified by the planning Commission, Architectural Review Board or Director of Planning. 3. 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 parcel. 4. The rights granted herein for the Conditional Use Permit shall be effective only when exercised within a period of one year from the effective date of approval. 5. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative code, Title 24, Part 2. 6. Final parking layout and specifications shall be subject to the review and approval of the Parking and Traffic Engineer. - 3 - ~ 7. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with Sec. 9l27J.2-4 (SMMC). Refuse areas shall be of a size adequate to meet on-site need. No noise generating compressors shall be placed adjacent to buildings. 9. Project design shall comply with the building energy reg- ulations set forth in the California Administrative Code, Ti tle 24, Part 2, (Energy conservation Standards for New Residential Buildings), such conformance to he verified by the Building and Safety Division prior to issuance of a Building Permit. 8. or other such equipment neighboring residential 10. Natural light shall be provided in at least one bathroom in each dwelling unit. 11. street trees shall be maintained, relocated or provided as required in a manner consistent with the City'S Tree Code (Ord. l242 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. 12. street lighting shall be provided on adjacent to the project if and specifications and with the approval General Services. public rights-of-way- as needed per the of the Department of 13. Any outdoor lighting shall be shielded and/or directed away from adjacent residential properties, with any such lighting not to exceed 0.5 foot candles of illumination beyond the perimeter of the subject property. TENTATIVE TRACT MAP CONDITIONS 1. All off site improvements required by the city Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approved by the City Engineer. 2. Before the City Engineer may approve the final map, a sub- division improvement agreement for all off site improve- ments required by the City Engineer shall be prepared and a performance bond posted through the City Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code Section 66452.6 and Sections 9380-9382 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the City of Santa Monica for approval. - 4 - ..... 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 and a Declaration of CC & R' s shall be re- viewed and approved by the City Attorney. The CC & R's shall contain a nondiscrimination clause as presented in section 9392 (SMMC) and contain such provisions as are required by Section 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. s. The final map shall be recorded with the Los Angeles Coun- ty Recorder prior to issuance of any building permit for a condominium proj ect pursuant to Government Code Section- 66499.30. 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 units on the subject lot, per and SUbject to the provisions of Section 6670 et seg. of the Santa Monica Municipal Code. INCLUSIONARY UNIT CONDITION 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 three (3) affordable units are provided and main- tained over time and through subsequent sales of the prop- erty. An affordable unit shall be defined as being af- fordable to households with incomes not exceeding 100% of the (HUD) Los Angeles county median income, expending not over 25% 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 1) responsibilities of the developer for making the unit - 5 - ,-4. available to eligible tenants and 2) responsibilities 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. 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 any ordinance or resolution adopted by the city which is intended to provide an alternative method for compliance with Program 12. An alternative method may be, but is not limited to, the paYment of a fee in-lieu of providing the three Affordable Units. VOTE: Ayes: Conn, Finkel, Jennings, A. Katz, H. Katz, Reed and Zane Nays: Abstain: Absent: r hereby certify that this statement of accurately reflects the final determination Commission of the City of Santa Monica. Official Action- of the Planning signature date print name and title PC/cscup473 SL:nh 10/03/88 - 6 - STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: CUP 474, vesting TTM 45455, EIA 849 LOCATION: 3000 Third street APPLICANT: Oscar Katz Trust REQUEST: conditional Use Permit, Vesting Tentative Tract Map and Environmental Impact Report to allow con- struction of a three-story, 26''-unit residential condominium development with 68 subterranean parking spaces. PLANNING COMMISSION ACTION 9/27/88 Date. x Approved based on the following findings and subject to the conditions below. Denied. Other. CONDITIONAL USE PERMIT FINDING 1. The proposed use and location are in accordance with good zoning practice: the use is compatible with existing and potential uses within the general area; traffic or parking congestion will not result; the public health, safety and general wel fare are protected and no harm. to adj acent properties will result. TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, together with its provlslon for its design and improvements, is consistent with applicable general and specific plans as adopted by the city of Santa Monica. 2. The site is physically suitable for the proposed type and density of development in that the project is an in-fill of urban land adequately served by existing infrastructure and proposed on a site having no significant physical characteristics which would preclude the development. - 1 - 3. 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. 4. The design of the subdivision or the type of improvement will not cause serious pUblic health problems. 5. 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. 6. The design of the subdivision does not preclude future passive or natural heating or cooling opportunities. SPECIAL CONDITIONAL USE PERMIT CONDITIONS 1. Construction hours shall be limited to 7 a.m. to 8 p.m. Monday through Friday and 9 a.m. to 8 p.m. Saturday as set forth in Section 4204 (SMMC) or as amended by Ordinance. 2. Noise specifications for construction equipment shall com- ply with the City of Santa Monica Noise Ordinance (Ord. 1406 CCS) ~ internal combustion engines shall be equipped with a muffler: stationary generators shall be fully en- closed and temporary barriers used between generators and- property lines. 3. A standard sewer hook-up fee shall be paid to the city. 4. Applicant shall pay for a gauging study of sewer lines in the immediate vicinity of the project, if determined necessary by the General Services Department to assess the capacity of these lines to service this project. If lines need to be replaced, the applicant shall be assessed a proportionate share of the capital improvement costs as determined by the General Services Department. 5. Only ultra-low flow plumbing fixtures (i.e., maximum 1.5 gallon toilets and low-flow showerheads) shall be in- stalled at the project. The applicant shall comply with the zero net flow option contained in Section 7186 of Or- dinance No. 1451 (CCS). 6. All air conditioning units shall be housed and/or muffled such that they do not cause an exceedance of an equivalent sound level of 45 dBA at the property line. 7. The exterior lighting plan shall incorporate low-intensity lighting and hooded light fixtures orientated away from traffic and surrounding residential uses. 8. All construction-related parking, including employee and construction vehicles, shall be parked off-street. - 2 - 9. The working drawings shall include a section showing the overall height of the structures not to exceed 39' -6" above average natural grade. 10. Any parking control system shall require prior approval of the Planning Division to ensure that parking is accessible for visitor use. 11. The Architectural Review Board shall review the project to evaluate the need for pUblic safety and security reasons to construct a fence or wall of suitable materials and design not to exceed six feet in height at various loca- tions surrounding the perimeter of the property. 12. The Architectural Review Board shall review the project to ensure that there is an adequate pedestrian entrance statement made on the front elevation. 13. No residential parking permits for residents or guests shall be issued for this project. STANDARD CONDITIONAL USE PERMIT CONDITIONS 1. Plans for final design, landscaping and trash enclosures shall be subject to review and approval by the Architec- tural Review Board. 2. 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 substantial conformance wi th the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 3. 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 parcel. 4. The rights granted herein for the conditional Use Permit shall be effective only when exercised within a period of one year from the effective date of approval. S. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 6. Final parking layout and specifications shall be subject to the review and approval of the Parking and Traffic Engineer. 7. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with Sec. 9127J. 2-4 (SMMC). Refuse areas shall be of a size adequate to meet on-site need. - 3 - 8. No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 9. Project design shall comply with the building energy reg- ulations set forth in the California Administrative Code, Title 24, Part 2, (Energy Conservation Standards for New Residential Buildings), such conformance to be verified by the Building and Safety Division prior to issuance of a Building Permit. 10. Natural light shall be provided in at least one bathroom in each dwelling unit. 11. 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. 12. street lighting shall be provided on adjacent to the project if and specifications and with the approval General Services. public rights-of-way as needed per the of the Department of 13. Any outdoor lighting shall be shielded and/or directed-- away from adjacent residential properties, with any such lighting not to exceed 0.5 foot candles of illumination beyond the perimeter of the SUbject property. TENTATIVE TRACT MAP CONDITIONS 1. All off site improvements required by the City Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approved by the City Engineer. 2. Before the City Engineer may approve the final map, a sub- division improvement agreement for all off site improve- ments required by the City Engineer shall be prepared and a performance bond posted through the City Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code Section 66452.6 and Sections 9380-9382 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the City of Santa Monica for approval. 4. The developer shall provide the Engineering Department of the City of Santa Monica with one Dizal Cloth print reproduction and microfilm of each sheet of the final map after recordation. - 4 - 5. Prior to approval of the final map, Condominium Associa- tion By-Laws and a Declaration of CC & R's shall be re- vieWed and approved by the City Attorney. The cC & R's shall contain a nondiscrimination clause as presented in section 9392 (SMMc) and contain such provisions as are required by section 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 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 final map shall be recorded with the Los Angeles Coun- ty Recorder prior to issuance of any building permit for a condominium proj ect pursuant to Government Code section 66499.30. 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 permi t for the construction or-- placement of the residential units on the subject lot, per and subject to the provisions of Section 6670 et seq. of the Santa Monica Municipal Code. INCLUSIONARY UNIT CONDITION 1. The developer shall covenant and agree with the ci ty 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 four (4) affordable units 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 25% 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 1) responsibilities of the developer for making the unit available to eligible tenants and 2) responsibilities 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. - 5 - This prov~s~on 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 any ordinance or resolution adopted by the City which is intended to provide an alternative method for compliance with Program 12. An alternative method may be, but is not limited to, the payment of a fee in-lieu of providing the four Affordable Units. VOTE: Ayes: Conn, Finkel, Jennings, A. Katz, H. Katz, Reed and Zane Nays: Abstain: Absent: I hereby certity that this statement ot accurately reflects the final determination Commission of the city ot Santa Monica. Official. Action of the Planning signature date print name and title PC/cscup474 SL:nh 10/03/88 - 6 - ~ I , STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: CUP 475, Vesting TTM 45456, EIA 849 LOCATION: 3019 Third street APPLICANT: Oscar Katz Trust REQUEST: Conditional Use Permit, Vesting Tentative Tract Map and Environmental Impact Report to allow con- struction of a three-story, lO'-uni t residential condominium development with 27 subterranean parking spaces. PLANNING COMMISSION ACTION 9/27/88 Date. x Approved based on the following findings and subject to the conditions below. Denied. Other. CONDITIONAL USE PERMIT FINDING I. The proposed use and location are in accordance with good zoning practice: the use is compatible with existing and potential uses within the general area~ traffic or parking congestion will not result; the public health, safety and general welfare are protected and no harm to adj acent properties will result. TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, together with its prov1s1on for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica. 2. The site is physically suitable for the proposed type and density of development in that the project is an in-fill of urban land adequately served by existing infrastructure and proposed on a site having no significant physical characteristics which would preclude the development. - 1 - 3. 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. 4. The design of the subdivision or the type of improvement will not cause serious public health problems. 5. 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. 6. The design of the subdivision does not preclude future passive or natural heating or cooling opportunities. SPECIAL CONDITIONAL USE PERMIT CONDITIONS 1. Construction hours shall be limited to 7 a.m. to 8 p.m. Monday through Friday and 9 a.m. to 8 p.m. Saturday as set forth in Section 4204 (SMMC) or as amended by Ordinance. 2. Noise specifications for construction equipment shall com- ply with the City of Santa Monica Noise Ordinance (Ord. 1406 CCS): internal combustion engines shall be equipped with a muffler~ stationary generators shall be fully en- closed and temporary barriers used between generators and- property lines. 3. A standard sewer hook-up fee shall be paid to the City. 4. Applicant shall pay for a gauging study of sewer lines in the immediate vicinity of the project if determined neces- sary by the General Services Department to assess the capacity of these lines to service this project. If lines need to be replaced, the applicant shall be assessed a proportionate share of the capital improvement costs as determined by the General services Department. 5. Only ultra-low flow plumbing fixtures (Le., maximum 1.5 gallon toilets and low-flow showerheads) shall be in- stalled at the project. The applicant shall comply with the zero net flow option contained in Section 7186 of Or- dinance No. 1451 (CCS). 6. All air conditioning units shall be housed and/or muffled such that they do not cause an exceedance of an equivalent sound level of 45 dBA at the property line. 7. The exterior lighting plan shall incorporate low-intensity lighting and hooded light fixtures orientated away from traffic and surrounding residential uses. 8. All construction-related parking, including employee and construction vehicles, shall be parked off-street. - 2 - 9. The working drawings shall include a section showing the overall height of the structures not to exceed 33 '-0" above average natural grade. 10. Any parking control system shall require prior approval of the Planning Division to ensure that parking is accessible for visitor use. 11. The Architectural Review Board shall review the project to evaluate the need for public safety and security reasons to construct a fence or wall of sui table materials and design not to exceed six feet in height at various loca- tions surrounding the perimeter of the property. 12. The 10ft in unit plan B shall not exceed one-third the area of the open room below. 13. The entire floor plan of the two-bedroom unit indicated at the southwestern portion of the second level plan on page A-4 of the revised plans dated August 31, 1988 shall be shifted laterally to the southe.ast by approximately 7'-6" without further change. 14. The northwesterlymost 10 feet of the southwestern exterior wall of the living room of Unit #306, as indicated on the third level plan at page A-4 of the revised plans dated August 31, 1988, shall be moved approximately 10 feet to- the northeast: and the southwesterlymost 10 feet of the northwestern exterior wall of the living room of Unit #306 shall be moved approximately 10 feet to the southeast. All other portions of the exterior walls for unit #306 shall remain unchanged. 15. No residential parking permits for residents or guests shall be issued for this project. STANDARD CONDITIONAL USE PERMIT CONDITIONS 1. Plans for final design, landscaping and trash enclosures shall be subject to review and approval by the Architec- tural Review Board. 2. 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 substantial conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 3. 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 parcel. 4. The rights granted herein for the Conditional Use Permit shall be effective only when exercised within a period of - 3 - one year from the effective date of approval. Upon the written request of the applicant, the Director of Planning may-extend this period up to an additional six months. 5. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 6. Final parking layout and specifications shall be subject to the review and approval of the Parking and Traffic Engineer. 7. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with Sec. 9127J. 2-4 (SMMC). Refuse areas shall be of a size adequate to meet on-site need. 8. No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 9. Project design shall comply with the building energy reg- ulations set forth in the California Administrative Code, Title 24, Part 2, (Energy Conservation Standards for New Residential Buildings), such conformance to be verified by the Building and Safety Division prior to issuance of a- Building Permit. 10. Natural light shall be provided in at least one bathroom in each dwelling unit. 11. 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 Oepartment of Recreation and Parks. 12. street lighting shall be provided on adjacent to the project if and specifications and with the approval General Services. public rights-of-way as needed per the of the Department of 13. Any outdoor lighting shall be shielded and/or directed away from adjacent residential properties, with any such lighting not to exceed 0.5 foot candles of illumination beyond the perimeter of the subject property. TENTATIVE TRACT MAP CONDITIONS 1. All off site improvements required by the City Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approved by the City Engineer. - 4 - 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 oizal 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 and a Declaration of CC & R' s shall be re- viewed and approved by the City Attorney. The CC & R's shall contain a nondiscrimination clause as presented in Section 9392 (SMMC) and contain such provisions as are required by section 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 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 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. 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 units on the subject lot, per and subject to the provisions of section 6670 et seg. of the Santa Monica Municipal Code. INcLUSIONARY UNIT CONDITION 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 - 5 - Office as a part of the deed of the property to ensure that two (2) affordable units 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 (RUD) Los Angeles County median income, expending not over 25% 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 1) responsibilities of the developer for making the unit available to eligible tenants and 2} responsibilities 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. 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 any ordinance or resolution adopted by the city which is intended to provide an alternative method for compliance with Program 12. An al ternative__ method may be, but is not limited to, the payment of a fee in-lieu of providing the two Affordable Units. VOTE: Ayes: Conn, Finkel, Jennings, A. Katz, H. Katz, Reed and Zane Nays: Abstain: Absent: r hereby certify that this statement ot accurately reflects the final determination Commission ot the City ot Santa Monica. Official Action ot the Planning signature date print name and title PC/cscup475 SL:nh 10/03/S8 - 6 - STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: CUP 476, Vesting TTM 45457, EIA 849 LOCATION: 2115 Third street APPLICANT: Oscar Katz Trust REQUEST: Conditional Use Permit, Vesting Tentative Tract Map and Environmental Impact Report to allow con- struction of a three-story, 1S-unit residential condominium development with 52 subterranean parking spaces. PLANNING COMMISSION ACTION 9/27/88 Date. x Approved based on the following findings and subject to the conditions below. Denied. other. CONDITIONAL USE PERMIT FINDING 1. The proposed use and location are in accordance with good zoning practice; the use is compatible with existing and potential uses within the general area; traffic or parking congestion will not result~ the public health, safety and general wel fare are protected and no harm to adj acent properties will result. TENTATIVE TRACT MAP FINDINGS 1. The proposed subdivision, together with its prOV1S1on for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica. 2. The site is physically suitable for the proposed type and density of development in that the project is an in-fill of urban land adequately served by existing infrastructure and proposed on a site having no significant physical characteristics which would preclude the development. - I - 3. 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. 4. The design of the subdivision or the type of improvement will not cause serious PUblic health problems, 5. 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. 6. The design of the subdivision does not preclude future passive or natural heating or cooling opportunities. SPECIAL CONDITIONAL USE PERMIT CONDITIONS 1. Construction hours shall be limited to 7 a.m. to 8 p.m. Monday through Friday and 9 a.m. to 8 p.m. Saturday as set forth in section 4204 (SMMC) or as amended by Ordinance. 2. Noise specifications for construction equipment shall com- ply with the City of Santa Monica Noise Ordinance (Ord. 1406 CCS); internal combustion engines shall be equipped with a muffler; stationary generators shall be fully en- closed and temporary barriers used between generators and- property lines. 3. A standard sewer hook-up fee shall be paid to the city. 4. Applicant shall pay for a gauging study of sewer lines in the immediate vicinity of the project if determined neces- sary by the General Services Department to assess the capacity of these lines to service this project. If lines need to be replaced, the applicant shall be assessed a proportionate share of the capital improvement costs as determined by the General Services Department. 5. only ultra-low flow plumbing fixtures (i.e., maximum 1.5 gallon toilets and low-flow showerheads) shall be in- stalled at the project. The applicant shall comply with the zero net flow option contained in Section 7186 of Or- dinance No. 1451 (CCS). 6. All air conditioning units shall be housed and/or muffled such that they do not cause an exceedance of an equivalent sound level of 45 dBA at the property line. 7. The exterior lighting plan shall incorporate low-intensity lighting and hooded light fixtures orientated away from traffic and surrounding residential uses. 8. All construction-related parking, including employee and construction vehicles, shall be parked off-street. - 2 - 9. The working drawings shall include a section showing the overall height of the structures not to exceed 38' -0" above average natural grade. 10. Any parking control system shall require prior approval of the Planning Division to ensure that parking is accessible for visitor use. 11. The Architectural Review Board shall review the project to evaluate the need for PUblic safety and security reasons to construact a fence or wall of suitable materials and design not to exceed six feet in height at various loca- tions surrounding the perimeter of the property. 12. The loft in unit plans C and E shall not exceed one-third the area of the open room below. 13. No residential parking penni ts for residents or guests shall be issued for this project. STANDARD CONDITIONAL USE PERMIT CONDITIONS 1. Plans for final design, landscaping and trash enclosures shall be subject to review and approval by the Architec- tural Review Board. 2. 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 substantial confonnance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 3. 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 parcel. 4. The rights granted herein for the Conditional Use Permit shall be effective only when exercised within a period of one year from the effective date of approval. Upon the written request of the applicant, the Director of Planning may extend this period up to an additional six months. 5. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 6. Final parking layout and specifications shall be subject to the review and approval of the Parking and Traffic Engineer. 7. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with Sec. 9127J. 2-4 (SMMc). - 3 - Refuse areas shall be of a size adequate to meet on-site need. 8. No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 9. Project design shall comply with the building energy reg- ulations set forth in the California Administrative Code, Title 24, Part 2, (Energy conservation standards for New Residential Buildings), such conformance to be verified by the Building and Safety Division prior to issuance of a Building Permit. 10. Natural light shall be provided in at least one bathroom in each dwelling unit. 11. 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. 12. street lighting shall be provided on adjacent to the project if and specifications and with the approval General Services. public rights-of-way as needed per the of the Department of- 13. Any outdoor lighting shall be shielded and/or directed away from adjacent residential properties, with any such lighting not to exceed 0.5 foot candles of illumination beyond the perimeter of the subject property. TENTATIVE TRACT MAP CONDITIONS 1. All off site improvements required by the City Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approved by the City Engineer. 2. Before the City Engineer may approve the final map, a sub- division improvement agreement for all off site improve- ments required by the City Engineer shall be prepared and a performance bond posted through the City Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code Section 66452.6 and Sections 9380-9382 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the City of Santa Monica for approval. 4. The developer shall provide the Engineering Department of the City of Santa Monica with one Dizal Cloth print - 4 - 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 and a Declaration of CC & R' s shall be re- viewed and approved by the City Attorney. The CC & Rls shall contain a nondiscrimination clause as presented in section 9392 (SMMC) and contain such provisions as are required by Section 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 final map shall be recorded with the Los Angeles Coun- ty Recorder prior to issuance of any building permit for a condominium proj ect pursuant to Government Code section 66499.30. 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 units on the subject lot, per and subject to the provisions of section 6670 et seg. of the Santa Monica Municipal Code. INcLUSIONARY UNIT CONDITION 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 three (3) affordable units are provided and main- tained over time and through subsequent sales of the prop- erty. An affordable unit shall be defined as being af- fordable to households with incomes not exceeding 100% of the (HUD) Los Angeles County median income, expending not over 25% 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 1) responsibilities of the developer for making the unit available to eligible tenants and 2) responsibilities of the City of Santa Monica to prepare application forms for - 5 - f potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. 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 (IIProgram 12 n) . Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with any ordinance or resolution adopted by the city which is intended to provide an alternative method for compliance with Program 12. An alternative method may be, but is not limited to, the payment of a fee in-lieu of providing the three Affordable Units. VOTE: Ayes: Conn, Finkel, Jennings, A. Katz, H. Katz, Reed and Zane Nays: Abstain: Absent: I hereby certify that this statement of accurately reflects the final determination commission of the city of Santa Monica. Official Action of the Plannin~ signature date print name and title PC/cscup476 SL: nh 10/03/88 - 6 - . STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: CUP 478, Vesting TPM 18719, EIA 849 LOCATION: 2722 Third street APPLICANT: Oscar Katz Trust REQUEST: Conditional Use Permit, vesting Tentative Parcel Map and Environmental Impact Report to allow con- struction of a three-story, fout-unit residential condominium development with eight above-grade parking spaces. PLANNING COMMISSION ACTION 9/27/88 Date. x Approved based on the following findings and sUbject to the conditions below. Denied. Other. CONDITIONAL USE PERMIT FINDING 1. The proposed use and location are in accordance with good zoning practice: the use is compatible with existing and potential uses within the general area~ traffic or parking congestion will not result: the public health, safety and general welfare are protected and no harm to adj acent properties will result. 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. 2. The site is physically suitable for the proposed type and density of development in that the project is an in-fill of urban land adequately served by existing infrastructure and proposed on a site having no significant physical characteristics which would preclude the development. - 1 - 3. 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. 4. The design of the subdivision or the type of improvement will not cause serious public health problems. s. 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. 6. The design of the subdivision does not preclude future passive or natural heating or cooling opportunities. SPECIAL CONDITIONAL USE PERMIT CONDITIONS 1. Construction hours shall be limited to 7 a.m. to 8 p.m. Monday through Friday and 9 a.m. to 8 p.m. Saturday as set forth in section 4204 (SMMC) or as amended by Ordinance. 2. Noise specifications for construction equipment shall com- ply with the City of Santa Monica Noise Ordinance (Ord. 1406 CCS); internal combustion engines shall be equipped with a muffler; stationary generators shall be fully en- closed and temporary barriers used between generators and~ property lines. 3. A standard sewer hook-up fee shall be paid to the City. 4. Applicant shall pay for a gauging study of sewer lines in the immediate vicinity of the project if determined neces- sary by the General services Department to assess the capacity of these lines to service this project. If lines need to be replaced, the applicant shall be assessed a proportionate share of the capital improvement costs as determined by the General Services Department. 5. Only ultra-low flow plumbing fixtures (Le., maximum 1.5 gallon toilets and ultra-low flow showerheads) shall be installed at the project. The applicant shall comply with the zero net flow option contained in Section 7186 of Or- dinance No. 1451 (CCS). 6. All air conditioning units shall be housed and/or muffled such that they do not cause an exceedance of an equivalent sound level of 45 dBA at the property line. 7. The exterior lighting plan shall incorporate low-intensity lighting and hooded light fixtures orientated away from traffic and surrounding residential uses. 8. All construction-related parking, including employee and construction vehicles, shall be parked off-street. - 2 - 9. The working drawings shall include a section showing the ove~all height of the structures not to exceed 351-6" above average natural grade. 10. No residential parking permits shall be issued for resi- dents of this project~ however, guest parking permits may be issued for this project. STANDARD CONDITIONAL USE PERMIT CONDITIONS 1. Plans for final design, landscaping and trash enclosures shall be subject to review and approval by the Architec- tural Review Board. 2. 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 substantial conformance wi th the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 3. 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 parcel. 4. The rights granted herein for the Conditional Use Permit-- shall be effective only when exercised within a period of one year from the effective date of approval. Upon the written request of the applicant, the Director of Planning may extend this period up to an additional six months. 5. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 6. Final parking layout and specifications shall be subject to the review and approval of the Parking and Traffic Engineer. 7. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with Sec. 9l27J. 2-4 (SMMc). Refuse areas shall be of a size adequate to meet on-site need. 8 . No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 9. Project design shall comply with the building energy reg- ulations set forth in the California Administrative code, Title 24, Part 2, (Energy Conservation standards for New Residential Buildings), such conformance to be verified by the Building and Safety Division prior to issuance of a Building Permit. - 3 - 10. Natural light shall be provided in at least one bathroom in each dwelling unit. 11. 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 wi thout the ap- proval of the Department of Recreation and Parks. 12. street lighting shall be provided on adjacent to the project if and specifications and with the approval General Services. public rights-of-way as needed per the of the Department of 13. Any outdoor lighting shall be shielded and/or directed away from adjacent residential properties, with any such lighting not to exceed 0.5 foot candles of illumination beyond the perimeter of the SUbject property. TENTATIVE PARCEL MAP CONDITIONS 1. All off 9i te 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 and a Declaration of CC & R' s shall be re- viewed and approved by the city Attorney. The CC & Rls shall contain a nondiscrimination clause as presented in Section 9392 (SMMC) and contain such provisions as are required by section 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 seq. of the Santa Monica Municipal Code. - 4 - . 7. The form, contents, accompanying data, and filing of the fin~l 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 final map shall be recorded with the Los Angeles Coun- ty Recorder prior to issuance of any building permit for a condominium proj ect pursuant to Government Code Section 66499.30. 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 units on the SUbject lot, per and subject to the provisions of Section 6670 et seq. of the Santa Monica Municipal Code. VOTE: Ayes: Conn, Finkel, Jennings, A. Katz, H. Katz, Reed and Zane Nays: Abstain: Absent: I hereby certify that this statement ot accurately reflects the tinal determination Commission of the City ot Santa Monica. Official Action of the Planning signature date print name and title PC/cscup478 SL:nh 10/03/88 - 5 -