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SR-402-001 (24) ... ~ PZ-t?C/ / a-4 MlW t 1 \gat Santa Monica, california . , ~ C/ED:RAS:RM:nh Council Mtg: November 11, 1986 TO: Mayor and City council FROM: City staff SUBJECT: Appeal of Planning Commission Approval of Tentative Tract Map 44741 and Conditional Use Permit 427, 927 Fifth street, Six-Unit Condominium. Applicant: Bruce Shapiro. Appellant: Marilyn spivey. INTRODUCTION This report recommends that the city Council deny the appellant's appeal and approve Tentative Tract Map 44741 and Conditional Use Permit 427 for a six-unit condominium as recommended in the October 6, 1986,- Planning Commission staff report (Attachment A) and approved by the Planning Commission (See Official Action statement, Attachment B). BACKGROUND On October 6, 1986, after a public hearing, the Planning Commission approved this project as a three-story, six-unit condominium with subterranean parking. Conditions of approval stipulated that the applicant revise the project design to provide required side yard setbacks and provide a \oJindow in at least one bathroom of each unit. /2-4 MOV 1 1 \9&6 - 1 - The subject appeal was filed on October 15, 1986. On October 28, 1986, the city Council accepted the subject appeal and scheduled the appeal hearing for November 11, 1986. A detailed project description may be found in the october 6, 1986, Planning Commission staff report (Attachment A) and project plans (Attachment E). ANALYSIS The subject condominium project, as conditionally approved to provide wider sideyards and bathroom windows, conforms to all applicable zoning and General Plan development standards, including on-site parking requirements. The Planning Commission, in its review, found no basis for denial of the project. This was reflected in the commission's unanimous approval of the project. The appeal focuses on concerns that any new development will exacerbate existing parking and traffic problems. (See appeal letter, Attachment C.) No project-specific objection is raised by the appellant. COUNCIL CONSIDERATION In acting on this item, the City Council may deny the appeal and approve the Tentative Tract Map and Conditional Use Permit with the same (or modified) findings and conditions contained in the october 6, 1986, Planning Commission Statement of Official Action; or may uphold the appeal by denying the Tentative Tract Hap and Conditional Use Permit. Denial of the proj ect would - 2 - require adoption of specific findings supporting such a determination. BUDGET/FISCAL IMPACT The recommendations presented in this report do not have a budget/fiscal impact. REC01-1MENDATION staff respectfully recommends that the City Council deny the appeal and approve Tentative Tract Map 44741 and Conditional Use Permit 427 with the findings and conditions contained in the October 6, 1986, Planning commission statement of Official Action. Prepared by: R. Ann Siracusa, Director of Planning Suzanne FriCk, Principal Planner Richard Mills, Associate Planner City Planning Division Community and Economic Development Department Attachments: A. October 6, 1986 Planning Commission Staff Report. B. October 6, 1986 Planning Commission statement of Official Action. C. Letter of Appeal by Marilyn Spivey. D. Public Notice for November 11, 1986 hearing. E. Project Plans. RAS: RM: nh CCCUP427 10/28/86 - 3 - ( ( 1\ \ - \ P\ C.\-\MENT J>..,. CITY PLANNING DIVISION Community and Economic Development Department M E M 0 RAN DUM DATE: October 6, 1986 TO: The Honorable Planning commission FROM: R. Ann siracusa, Director of Planning SUBJECT: TTM 44741, CUP 427, 6-unit Residential Condominium Address: Applicant: 927 Fifth street Bruce Shapiro SITE LOCATION AND DESCRIPTION The subject property is a 7,500 sq. ft. parcel located on the east side of Fifth street between Washington Avenue and Idaho Avenue having a frontage of 50 feet. A 20' wide alley is located to the rear of the site. Surrounding uses consist of a two-story 10-unit apartment to the north (R3), a two-story 10-unit apartment to the south (R3), a two-story 12-unit apartment across Fifth Court alley to the east (R3) and a mix of single family and mUlti-family buildings across Fifth Street to the west (R3). zoning District: R3 Land Use District: Medium Density Housing Parcel Area: 50' x 150': 7,500 sq.ft. PROPOSED PROJECT Proposed is a three-story, six-unit residential condominium with 12 parking spaces located in a semi-subterranean garage accessed from Fifth Street. Each of the townhouse units contains a master bedroom suite on the first floor, a kitchen, dining room and living room on the second floor, and a loft with bathroom on the third floor. (The inclusion of an enclosed bathroom on the loft level makes this level a story.) The units average 1,240 sq.f~. each. An open air atrium extends down through each unit to the first floor level. An existing one-story single family house and allan-site trees would be removed. l1UNICIPAL CODE AND GENERAL PLAN CONFOID1ANCE As shown in Attachment A, with the Municipal Code respects: the proposed project is inconsistent and General Plan in the following - 1 - ( ( Sideyards: A three-story building on requires 8' average sideyards. The average sideyards. 2. Bathroom windows: At least one bathroom in each condo~iniurn unit requires an operable window. None are provided. 1. a 50 I project wide R3 provides lot 7' 3. Parking Access: The Land Use and encourages alley access to parking. Analysis section of this report. circulation Element See discussion in CEQA STATUS Categorically Exempt. Implementation. Class 3, Santa Monica Guidelines for ANALYSIS The project is inconsistent with Code requirements for side yard setbacks and the provision of bathroom windows. Originally designed as a two-story plus loft building, the addition of bathrooms at the loft level technically nakes the loft a story. This changes the side yard requirement from 7' to 8 I . Staff recommends that the exterior width of each unit be reduced from 36' to 34' so that the sideyards average 81. A condition of approval requires that an openable "vindow be provided in at least one bathroom in each unit. Since the bathrooms are placed along exterior walls, this should not present a problem. While the Land Use and Circulation Elements encourage alley access (see Attachment A for reference), the applicant proposes street access in that the alley elevation is approximately 4.8' higher than the sidewalk elevation, thus making street access the most efficient means of access. The applicant's analysis of the impacts of an alley accessed garage is included in the Commission packets. It indicates a loss of t'tvO parking spaces (and as a result, one unit) if alley access is required. In June 1985 the Commission approved a six-unit condominium on the same block at 911 Fifth street with street access to parking. At that site, the alley was 3.5' higher than the sidewalk. Based on this precedent, staff finds the proposed street access acceptable. The proposed parking plan has been approved by the Parking and Traffic Engineer. The two large trees on the site are not unique and do not warrant special efforts to preserve them. The large Box tree on the south side property line has poor shape due to the neighboring apartment building. Conclusion with the modifications to provide wider sideyards, and windows in at least one bathroom of each unit, the project merits approval. - 2 - ( ( RECOI1MENDATION It is respectfully recommended that TTI1 44741 and cup 427 be approved with the following findings and conditions: TENTATIVE PARCEL MAP FINDINGS l. The proposed sUbdivision, together with its provision for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica based on the analysis and conditions contained in this report and incorporated herein by reference. 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 having no significant physical site characteristics precluding the proposed development. 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. CONDITIONAL USE PEID1IT FINDING 7. The proposed use and location are in accordance with good zoning practice, in the public interest and necessary that substantial justice be done and the proposed use is com- patible 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 adjacent properties will result based on the findings and analysis contained in this re- port and incorporated herein by reference. SPECIAL CONDITIONS 1. The building shall be redesigned to the extent necessary to provide required sideyard setbacks. The revised design shall be subject to the approval of the city Planning Di- vision and Architectural Review Board. The Director of Planning shall reserve the right to refer the revised design back to the Planning Commission for approval if the - 3 - ( ( design is inconsistent with the project concept as pres- ented to the Commission or the findings or conditions specified in this determination. 2. An openable window shall be provided in at least one bath- room of each dwelling unit. TENTATIVE PARCEL }~P CONDITIONS 3. 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. 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. 5. 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. 6. 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. 7. 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 & Rls shall contain a nondiscrimination clause as pres- ented in section 9392 (Sl1MC) and in the case of condomini- ums, contain such provisions as are required by Section 9122E (SHHC). 8. The developer shall provide for payment of a Condominium Tax of $I,OOO per saleable residential unit per the provi- sions of Section 6651 et seq. of the Santa Monica Municipal Code. 9. The form, contents, accompanying data, and filing of the final SUbdivision map shall conform to the provisions of Sections 9330 through 9338 (S}~fC) and the Subdivision Map Act. 10. 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. - 4 - ( ( }~P AND CONDITIONAL USE PEID1IT CONDITIONS 11. The Conditional Use Permit shall be deemed to be of no further force or effect if Tentative Tract Map 44741 ex- pires prior to approval of a Final Map for said tract. 12. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 13. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept may be subj act 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. 14. 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. 15. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 16. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. 17. No noise shall be buildings. generating compressors or other such equipment placed adjacent to neighboring residential 18. 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. 19. Openable windows shall be provided throughout the project, in a manner consistent with applicable building code and energy conservation requirements. 20. Natural light shall be provided in at least one bathroom in each dwelling unit. 21. 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 - 5 - ( ( of Recreation and Parks and the Department of General Ser- vices. No street tree shall be reJlloved without the ap- proval of the Department of Recreation and Parks. 22. 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. 23. The approval granted herein shall not become effective for a period of ten days from the date of determination or, if appealed, until a final determination is made on the ap- peal by the City Council. Inclusionary Unit Condition 24. 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 one (1) affordable unit is 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 120% 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 the issuance of building permits for the subj ect proj ect. Such agreement shall specify l) responsibilities of the developer for making the unit available to eligible ten- ants and 2) responsibilities of the city of Santa Monica to prepare application forms for potential tenants, es- tablish criteria for qualifications, and monitor com- pliance 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 Honica ("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 within two years from the effective date of this approval, which is intended to provide an alternative method for compliance \'lith Program 12. An alternative method may be, but is not limited to, the payment of a fee in-lieu of providing an Affordable Unit. - 6 - ( ( Prepared by: Richard 11ills, Associate Planner ill!: nh CUP427 09/30/86 - 7 - c ( ATTACHUENT A MUNICIPAL CODE AND GENERAL PLAN CONFORHANCE Land Use Category Municipal Code Element Project Permitted Use 8 units 6 units 6 units Height 3 stories/40' 3 stories/40' 3 stories/33, Setbacks Front yard 20' (1) 8' (2) IS' (3 ) 50% 201 average Sideyard 7' average Rearyard 15' Lot Coverage 47% Parking Spaces 12 12 The kitchen in each unit will have natural light. (None of the bathrooms have openable windows.) Security access will be provided between the garages and each unit. The proj ect is inconsistent with LUCE Polcy 4.3.6 which states that "Use of alley access to service residential and commercial buildings shall be encouraged", and Policy 3.4.7 which states that "In multiple family residential areas, encourage access from the alley side, to reinforce the continuity of the residential streetscape, to preserve on-street parking, and to ensure safety of children". (1) Per Section 9109B. Sa SHl1C, when a neighboring structure is located 15' or less from a front property line, portions of the proposed structure may project up to 5' into a 20' front setback as long as the average front setback is not less than 20' . (2) Per Section 9109B.5b. Sl1HC, portions of a structure may project up to 3' into each 8' side setback, as long as each average sideyard setback is not less than 81. The subj act project has a 71 average setback on each side. (3) Per Section 9127H.5 Sl-me, an open, unenclosed stair\vay may project up to 4' into a required rear yard. - 8 - ( ( L. B. HEY m 8 n Ii .e.SSOC. LOCOL GOUERNMENTOL (}r COMMUNITY HELflTlONS Rugust 25J 1906 Planning Commissioners Department of Planning City of Santa Monica 1685 Mam street Santa Monica, en 90401 Re: 927 Fifth StreetJ Santa Monica, California TIM 44141, CUP 427 Dear Commissioners, This letter is being submitted on behalf of Mr. Bruce Shapiro, builder of c1 proposed 6 unit condominium project at the aboue address, in response to a diSCUSSIOn which occurred In a meetmg on Fnday, August lSJ 19B6J between my rlient, Mr. ShopiroJ myself and Rick Mills, Planner, of your staff. Seueral issues arose dur mg this di:H.usslon which we feel necessitate your attention. CSi" tb n~ The first issue is that of the in-lieu housing fees. It IS our ~ __""' under-standing that the deueloper has an option of paymg the in-lieu -b ~ fees wlthm a speCified time from the dJte of permit, or building a unit ~I'tk for low-moderate inlome tenants. We also understand that there is ~ currently no legal mechanism to allow the deuetoper to pay a fe.e , and -~ that the City Rttor ney is developang languuge for the ordmance. The :!!:-.Qu.... problem is this: ~ J. Assuming the project is approlJed, and a permit pulled, how IS the -f!.{Y\ option to pay the in-lieu fee rehuned? 2. [an the deueloper rent out the umt to a tenant dur 109 thiS time? 3. Or does the rental/sale uf the de$rgnated umt constitute glUing up that option? .... Is it possible to begm the time period at issumg the certificate of occupancy insteud of permit? fan tinued... ( ( poge two Plonmng Commissioners He: 927 5th Street Hugust 25, 1986 5. WhBt are the restrictions to this optIOn? We request clorificotion of the aboLle i~sue In writing as soon 6S possible. The second issue is that of str-eet access to the subterroneon garage. It is our underst6nding that the Commissioners haue been requiring olley access on pr ojects such as this one. That requirement would treate a seuere hardship for this project. The project as proposed incorporates street access for the followmg reason~: D~ Site Conditions~ 1. Street grade in front of our property (It the southern pomt is 94.20, at the north, 94.23, for an ouerage grade of 94.21. 2. Riley grade at the south property hne is 99.04. at the north 100.00, for an alJerage grade of 99.52. B~ Gener-ol Pion (Land Use and Circulation Element) Sections: 1. LUCE Section 4.2.3: -locate ne.... development and theH" 8ccess poi nts in such 8 Y8Y that traffic is not encounged to utilize local resldent181 -streeb 8nd alleys fo,. access to the development and its park18g.- This section, and the folloUllng sections ran be interpreted to mean commercial dellelopment, or lar ge scale reSidential deuelopment. ThIS project is not larger than any other project in the neighborhood, and indeed, smaller than some of its. neighbors, and is considered a resldentidl proJect. The precedent has been set in this neIghborhood for str eet ~c(:ess l~ee below) prou:ding certam findings by Staff and the CommissIOners. 2. Section 4.3.7: -He.... driveY8gs and mld-bloci: access pOInts shall be l1mited~ especial1g along major road:L Whe,.e allegs exi$t but do not abut re:ndential nei9hborhoods~ access from tbe street sholl be discounged. Where alleys exist that do abut reSIdential nelghborhoods~ alleg access shall be encouraged onl'J .,.,hen the potential traffic 1 nt,.USlon 18tO the nelghborhood is ml oi fIll zed.- The concept of limiting access fr om the street is a sound one proUldmg It does. not cflpple the atlility to deL1elop the property. contmued... ( ( page three Planning Commissioners He: 921 5th Street Rugust 25, 1986 fifth Street is not considered a major road or thoroughfare, as Fourth Street or Seuenth Street might be (on~idered. Traffic mtrusion is minimized in this ~ituiltion as the project is only a small 6 unit project. 3. Section 4.7.9 -Encourage parking and service a<:cegg trom e:l1sting and future alleys that do not abut rendentl81 neIghborhoods. 'Where existing or future alleys abut residential neighborhood:, encourage parking and service access tram the alley only vhen the potential tratfle intruzion into the residential neighborhood IS mlnimu:ed.- The operatiue word is encou~8ge. Thl) does not mean require. To "encourage" alley a(ce~~ In this situation would result In reducing the U1abllity of the project to zero (see belowJ. c. P~oject Conditions. 1. The zoning code requires any deck: eH(eeding 3 feet aboue gn~de be considered a story. The bUilding as deSigned IS a 2 s tory With mezzanine, considered B 2 story bUilding. The height eleuatlOn IS 27'-6". The maHimum height allowed IS 40'-0", 3 ~toneSc. 2. The builder wishes to retain a 2 story bUilding, as opposed to a 3 story bUilding for the following reasons: B. 3 Story bUildings require greater sideyard setbaCKS. b. 3 ~tory buildangs require one-hour (.onstructlOn, necessitating more ettpensiue construction throughout the bUilding. 3. The garage slab must be set at 93.0: Ruerage property grade is 98.26. Rdd 3 feet for the limit aboue grade: 98.26+3.0= 1 01.26. This is the maHlmum height at whl(h the top of the deck: (1 st floor slab) tan be set. War Icing down, 4-6" slab depth of Is t floor, 1'0" ~tructure depth, 6'6"from bottom of 1st floor beams to floor, results. in the floor to floor height for the garage is 8 feet, or 93.0 eleuatlon. 4. The difference in height between the garage slab and auerage alley eleuation is 99.52-93.0==6.52 feet. The difference In height between the garage slab and the street eleuatlOn IS 94.21-93.0=- 1.21 feet, IS more efficient to main tam street access. continued... ( ( page four Planning Commissioners He: 927 5th Street Hugust 25~ 1986 5. Parking Stalls. The Impact of alley aCless is most critical here. We will loose a minimum of 2 stalls due to the length of ramp, which means loss of a unit. There is no other spare aUtulable to put these two parking stalls. n flOe unit projel t is totally infeasible economically. 6. If the garage eleuation is set higher than 93.2~ the building would then be considered a 3 story structure. We would like to point out to the Commissioners that a condominium project at 911 5th Street, approLled on July 15~ 1985. only 2 lots north of this property was approued with the garage access from the s.treet. In that case, Staff supported au.ess from the street beuJUse of the 3'6" grade difference from alley to street. Requiring alley access would require a 15'-20' longer ramp to realh the parking lellet and reduce the number of feasible parking spaces that could be prouided. The parking plan had been approued by Parking and II attic. The Commission determined that due to a 3'5" differenle In grade between the alley and 5th Street, an eHtreme hardship would result if alley ac(.ess were required. Our project, with a difference of 5.31 feet (99.52-94.21 =5.31) is a more eHtreme s.ituation than euen the 911 5th Street project. We request, therefore, that consideration be given on the Staff level as well as by the Commissioners, to allowing ~treet l)({.ess to the garage. Thank you for your consideration. Sincerely, Laurie 8. Heyman LBH:mac cc: ~1r. John Jalili Ms. Peggy Curran Ms. Ann Siracusa t...1s. Stizzane Fnck t...1r. Ri(.k t.-tllls Mr. BrUle Shapiro 1427 SON'" MONICn MOLL, SU HE 205, SHNTH MONICH, tR. 213-393-9123 ~T 'IAc..\-\:MEN\ t3 STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: TTM 44741, CUP 427 LOCATION: 927 Fifth street APPLICANT: Bruce Shapiro REQUEST: 6-Unit Residential Condominium PLANNING COMMISSION ACTION 10/6/86 Date. x Approved based on the fOllowing findings and subject to the conditions below. Denied. Other. TENTATIVE PARCEL MAP FINDINGS 1. The proposed subdivision, together with its prOV1Slon for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica based on the analysis and conditions contained in this report and incorporated herein by reference. 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 having no significant physical site characteristics precluding the proposed development. 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. - 1 - 6. The design of the subdivision does not preclude future passive or natural heating or cooling opportunities. CONDITIONAL USE PERMIT FINDING 7. The proposed use and location are in accordance with good zoning practice, in the public interest and necessary that substantial justice be done and the proposed use is com- patible 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 adjacent properties will result based on the findings and analysis contained in this re- port and incorporated herein by reference. SPECIAL CONDITIONS l. The building shall be redesigned to the extent necessary to provide required sideyard setbacks. The revised design shall be subject to the approval of the city Planning Di- vision and Architectural Review Board. The Director of Planning shall reserve the right to refer the revised design back to the Planning Commission for approval if the design is inconsistent with the project concept as pres- ented to the Commission or the findings or conditions specified in this determination. 2. An openable window shall be provided in at least one bath- room of each dwelling unit. TENTATIVE PARCEL MAP CONDITIONS 3. 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. 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. 5. 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. 6. 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. - 2 - 7. 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 nondiscrimination clause as pres- ented in section 9392 (SMMC) and in the case of condomini- ums, contain such provisions as are required by section 9l22E (SMMC). 8. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provi- sions of Section 6651 et seg. of the Santa Monica Municipal code. 9. 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. lO. 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. MAP AND CONDITIONAL USE PERMIT CONDITIONS ll. The Conditional Use Permit shall be deemed to be of no further force or effect if Tentative Tract Map 44741 ex- pires prior to approval of a Final Map for said tract. 12. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 13. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept may be subj ect 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. 14. 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. 15. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 16. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. - 3 - 17. No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 18. 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. 19. Openable windows shall be provided throughout the project, in a manner consistent with applicable building code and energy conservation requirements. 20. Natural light shall be provided in at least one bathroom in each dwelling unit. 21. 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. 22. 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. 23. The approval granted herein shall not become effective for a period of ten days from the date of determination or, if appealed, until a final determination is made on the ap- peal by the City Council. Inclusionary unit Condition 24. 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 one (I) affordable unit is 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 120% 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 the issuance of building permits for the subject project. Such agreement shall specify 1) responsibilities of the - 4 - developer for making the unit available to eligible ten- ants and 2) responsibilities of the City of Santa Monica to prepare application forms for potential tenants, es- tablish criteria for qualifications, and monitor com- pliance 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 within two years from the effective date of this approval, which is intended to provide an alternative method for compliance with program 12. An al ternati ve method may be, but is not limited to, the payment of a fee in-lieu of providing an Affordable Unit. VOTE Ayes: Burns, Farivar, Israel, Nelson, Perlman, Hecht Nays: Abstain: Absent: Vacancy: One I hereby certify that this statement of accurately reflects the final determination commission of the city of Santa Monica. Official Action of the Planning signature date print name and title RM:nh STCUP427 lOj17j86 - 5 - ( ~ r0tf~ , I "'-1 ~ -. I' I C-UF' 4z7 10' 1,5 . fJ6 E '0 "8'-0 lb AS October 15, 1986 P-.'TTAc. ~ MEt-t\ c TO: SANTA MONICA CITY PLN~NING COm1ISSION FROH: THE TENfu~TS AT 923 FIFTH STREET RE: 6-UNIT CO~DOHINIUH PROJECT APPROVED FOR 927 FIFTH STREET We, as residents of 923 Fieth Street, Santa Monica, California, the building directly to the north of the proposed project, hereby appeal your decision to approve the project, as proposed. 'This proposed use will exacerbate traffic and parking problems that already exist in this area. As it is now, before the 6-unit condominium being built at 911 Fifth Street is completed, visitors of the residences along the 900 block of Fifth Street are usually forced to park several blocks away and to walk. This presents a special problem at night because Fifth Street has no street lights. We feel that this situation is already a threat to the public safety of our neighborhood. It is felt by all of us that these problems must be alleviated before further building, which will inevitably lead to further de- mand for parking. The projects at 911, 927 and eventually 957 Fifth Street, all within the same block between Idaho and Washington, will, without question, compound parking and traffic problems that already exist. All three of these condominium projects will replace single family dwellings in the same block. It should be clear, from the foregoing, that Fifth Street was never designed and is not now capable of handling the parking for all of these new, higher- density developments. We feel that a building moratorium is in order until the City studies the parking and traffic problems, with the goal of pro- vid1ng a plan to mitigate these problems before more high-density construction is approved. We feel that this project, as approved, will have a significant and adverse effect on the environment and will interfere with our rights, as residents, to free enjoyment of our residences. ~~fUll subm~tted. ReS1aen~s a 23 Fifth Street Marilyn ivey, Representative ~/ '3 ~ 82,f3 - ~1 t7 Ci" "31 J -85 T8 ,,- . A\TA~H MEN-r- D OFFICIAL NOTICE OF PUBLIC HEARING UN AVISO DE UNA AUDIENCIA PUBLICA* TO: concerned Persons FROM: The city of Santa Monica SUBJECT: Notice of Public Hearing A Public Hearing will be held by the Santa Monica City council on Tuesday, November 11, 1986 on the following: This is an appeal of an october 6, 1986, Planning commission Conditional approval of a six-unit residential condominium. The applicant is Bruce Shapiro. The appellant is Marilyn Spivey. TIME: TUESDAY, November 11 , 1986 AT 7:30 P.M. COUNCIL CHAMBER, ROOM 213 CITY HALL 1685 MAIN STREET, SANTA MONICA SUBJECT OF HEARING: TTM 4474l, CUP 427, Appeal of Planning Commission conditional approval LOCATION: PROPERTY ADDRESS AND ZONING: 927 Fifth Street R3 District You are being informed of this hearing because according to information submitted by the applicant, you are a property owner or a resident near the project site. If you are no longer the owner of property in this area, please forward this notice to the current owner. The City encourages public comment on this and other projects. You or your representative, or any other persons may comment at the public hearing, or by writing a letter. Written information received before 3:00 P.M. on Wednesday before the hearing will be forwarded to the Planning Commission in their regular packet. Written information received after that date will be given to the Planning Commission at the meeting. Letters should be addressed to the City Planning Division, Room 212, City Hall, 1685 Main Street, Santa Monica, California 90401. If desired, further information on any application may be obtained from the City Planning Division, Room 212, Santa Monica City Hall, 1685 Main street, Santa Monica, California 90401 or by telephone (213) 458-8341. The meeting facility is accessible. If you have any special needs such as sign language interpreting, please contact Office of the Disabled at 458-870l. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the Public Hearing ~ i , described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the Public Hearing. * Este es un aviso de una audiencia pUblica de applicaciones para un cambio de zona en Santa Monica que par 10 cual puede ser de interes para usted. Para mas informacion por favor llame a Mary Testa en City Planning Division al numero (213) 458-8341. hear106