SR-402-001 (27)
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Council Mtg: December II, 1990
Santa Monica, California
TO: Mayor and City council
FROM: City staff
SUBJECT: certification of a statement of Official Action for
Approval of Conditional Use Permit 90-048 and Vesting
Tentative Parcel Map 22393 to Allow the Construction of
a Three unit Residential Building (3 Unit condominium)
on a 5600 Square Foot Parcel in the OP-2 (Ocean Park
Low Multiple Residential District) Located At 2226- 6th
street
Applicant: John Given
Attached is the statement of Official Action for approval of
Conditional Use Permit 90-048 and Vesting Tentative Parcel Map
22393.
The applicant redesigned the plans and eliminated the
subterranean level of the rear unit to conform to code
requirements. On October 9, 1990, the City Council upheld the
Planning commission I s approval of the proj ect and approved the
redesigned project plans.
Prepared by: Susan White, Assistant Planner
Kenyon Webster, Principal Planner
Land Use and Transportation Management Department
Attachments: A. Statement of Official Action dated October 9,
1990.
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12/12/90
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 90-048
Vesting Tentative Parcel Map 22393
LOCATION: 2226 6th street
APPLICANT: John Given
CASE PLANNER: Susan White
REQUEST: Application for a Conditional Use Permit and a
Vesting Tentative Parcel Map to allow the con-
struction of a three unit residential building
(3 unit condominium) on a 5600 square foot
parcel in the OP-2 (Ocean Park Low Multiple
Residential District).
CITY COUNCIL ACTION
10/9/90
Date.
x
Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
EXPIRATION DATE(S) OF ANY PERMITS GRANTED:
10/23/91
10/19/92
CUP 90-048
VTPM 22393
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S)
1/23/92
10/19/95
CUP 90-048
VTPM 22393
FINDINGS
TENTATIVE PARCEL MAP FINDINGS
l. 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
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Monica in that it conforms to the provisions of the Zoning
Ordinance for the OP-2 zone.
2. The site is physically suitable for the proposed type of
development in that it is a standard lot, able to accommo-
date the proposed structure while providing required set-
backs, lot coverage limitations and required parking
onsite.
3. The site is physically suitable for the proposed density
of development in that it is a parcel of 5600 square feet
in the OP-2 zone and can accomodate 3 units.
4. The design of the subdivision or the proposed improvements
will not cause substantial environmental damage or sub-
stantially and avoidably injure fish or wildlife or their
habi tat in that the proj ect is an urban in-fill
development.
5. The design of the subdivision or the type of improvement
will not cause serious public health problems in that all
utilities are available.
6. The design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public
at large, for access through, or use of, property within
the proposed subdivision in that the City Engineer has
approved the tentative parcel map and taken into account
the required easements and dedications.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the IfCity of Santa Monica Comprehensive Land
Use and Zoning Ordinance", in that all required setbacks,
lot coverage, building height and parking requirements are
met.
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that this parcel is surrounded on three
sides by Ocean Park low density mUltiple residential
district.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the slope is not exces-
sive, all parking can be provided on-site, and adequate
open space is provided.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses
are to remain, in that the surrounding parcels are multi-
family to the south, north and east.
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5. The proposed use would be com.patible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the proposal is similar in scale to existing and proposed
development in the area.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that all utilities are available to the site.
7. PUblic access to the proposed use will be adequate, in
that the site is sufficiently served by an existing
street.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that buildings in the area are
one and two story multi-family residential, similiar in
massing and placement to the proposed structure.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the project site
is located in the Ocean Park low multiple residential land
use element district and complies with the applicable
regulations.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that all pUblic utilities are available, and required
building requirements will be enforced in the construction
of the building.
11. The proposed use need not conform precisely to the perfor-
mance standards contained in Subchapter 6, section 9050
and special conditions outlined in subchapter 7, Section
9055 of the City of Santa Monica Comprehensive Land Use
and zoning ordinance, in that these Subchapters are not
applicable to new condominium developments.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the area
is zoned for multi-familY residential construction, and
the subject proposal conforms in height and density to the
OP-2 zoning district.
CONDITIONAL USE PERMIT CONDITIONS
Plans
1. This approval is for those plans dated August 20, 1990, a
copy of which shall be maintained in the files of the
City Planning Division. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
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2. The Plans shall comply with all other provisions of Chap-
ter I, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
4. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning Commission
Rev iew . Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
Architectural Review Board
5. Prior to consideration of the project by the Architectural
Review Board, the applicant shall review disabled access
requirements with the Building and Safety Division and
make any necessary changes in the project design to
achieve compliance with such requirements. The Architec-
tural Review Board, in its review, shall pay particular
attention to the aesthetic, landscaping, and setback im-
pacts of any ramps or other features necessitated by ac-
cessibility requirements.
6. Construction period signage shall be subject to the
approval of the Architectural Review Board.
7. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
8. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities; scale and articulation of design ele-
ments; exterior colors, textures and materials; window
treatment; glazing; and landscaping.
9. Landscaping plans shall comply with Subchapter 5B
(Landscaping standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
10. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC section 9040.13-9040.15.
Refuse areas shall be of a size adequate to meet on-site
need, including recycling. The Architectural Review Board
in its review shall pay particular attention to the
screening of such areas and equipment.
Fees
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11. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential unites) on the subject lot,
per and subject to the provisions of section 6670 et seq.
of the Santa Monica Municipal Code.
Demolition
12. Until such time as the demolition is undertaken, and un-
less the structure is currently in use, the existing
structure shall be maintained and secured by boarding up
all openings, erecting a security fence, and removing all
debris, bushes and planting that inhibit the easy surveil-
lance of the property to the satisfaction of the Building
and Safety Officer and the Fire Department. Any landscap-
ing material remaining shall be watered and maintained
until demolition occurs.
13. Unless otherwise approved by the Recreation and Parks De-
partment and the Planning Division, at the time of demoli-
tion, any street trees shall be protected from damage,
death, or removal per the requirements of Ordinance 1242
(CCS) .
14. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum
permi tted by the Zoning Ordinance, shall be maintained
around the perimeter of the lot. The lot shall be kept
clear of all trash, weeds, etc.
15. Prior to issuance of a demolition permit, applicant shall
prepare for Building Division approval a rodent and pest
control plan to ensure that de.molition and construction
activities at the site do not create pest control impacts
on the project neighborhood.
Construction
l6. Unless otherwise approved by the Department af General
Services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
17. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as deter-
mined by the Department of General Services shall be re-
constructed to the satisfaction of the Department of
General Services. Approval for this work shall be ob-
tained from the Department of General services prior to
issuance of the building permits.
18. Vehicles hauling dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
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19. 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.
20. A construction period mitigation plan shall be prepared by
the appl icant for approval by the Department of General
Services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
architect; 2) Describe how dernoli tion of any existing
structures is to be accomplished; 3) Indicate where any
cranes are to be located for erection/construction; 4)
Describe how much of the public street, alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion; 5) Set forth the extent and nature of any pile-
driving operations; 6) Describe the length and number of
any tiebacks which must extend under the property of other
persons; 7) specify the nature and extent of any dewater-
ing and its effect on any adjacent buildings; 8) Describe
anticipated contruction-related truck routes, number of
truck trips, hours of hauling and parking location; 9)
Specify the nature and extent of any helicopter hauling;
10) state whether any construction activity beyond normal-
ly permitted hours is proposed; 11) Describe any proposed
construction noise mitigation measures; 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel; 13) Provide a drainage
plan; 14) Provide a construction-period parking plan
which shall minimize use of public streets for parking;
15) List a designated on-site construction manager.
21. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
identify the address and phone number of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction period. Said sign
shall also indicate the hours of permissible construction
work.
22 . A copy of these conditions shall be posted in an easily
visible and accessible location at all times during con-
struction at the project site. The pages shall be lami-
nated or otherwise protected to ensure durability of the
copy.
Environmental Mitigation
23. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
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Miscellaneous Conditions
24. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
25. If any archaeological remains are uncovered during
excavation or construction, work in the affected area
shall be suspended and a recognized specialist shall be
contacted to conduct a survey of the affected area at
project's owner's expense. A determination shall then be
made by the Director of Planning to determine the sig-
nificance of the survey findings and appropriate actions
and requirements, if any, to address such findings.
26. street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
validity of Permits
27. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
28. Within ten days of Planning Division transmittal of the
statement of Official Action, project applicant shall
sign and return a copy of the statement of Official Action
prepared by the Planning Division, agreeing to the Condi-
tions of approval and acknowledging that failure to comply
with such conditions shall constitute grounds for poten-
tial revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights appli-
cant may possess regarding said conditions. The signed
Statment shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
29. This determination shall not become effective for a period
of fourteen days from the date of determination or, if
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator.
INCLUSIONARY UNIT CONDITIONS
30. 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 affordable unites) is (are) provided and
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maintained over time and through subsequent sales of the
property. An inclusionary requirement of thirty percent
of the units shall apply, of which at least twenty percent
shall be affordable to households not exceeding sixty per-
cent of the the (HUD) Los Angeles County median income,
with the balance of the inclusionary units affordable to
households with incomes not exceeding 100% of the (HUD)
Los Angeles County median income, expending not over 30%
of monthly income on housing costs, as specified by the
Housing Division of the Department of Community and
Economic Development.
This agreement shall be executed and recorded prior to
approval of the Final Map. Such agreement shall specify
1) responsibilities of the developer for making the
unites) available to eligible tenants and 2) responsibili-
ties of the City of Santa Monica to prepare application
forms for potential tenants, establish criteria for
qualifications, and monitor compliance with the provisions
of the agreement.
Owner shall provide the city Planning Division with a
conformed copy of the recorded agreement prior to approval
of the Final Map.
This provision is intended to satisfy the inclusionary
housing requirements of the Housing Element of the General
Plan of the City of Santa Monica. Developer may satisfy
the obligations created by this Agreement by demonstrating
to the Director of Planning compliance with Ordinance 1519
(CCS) , which provides implementation standards for this
program.
TENTATIVE PARCEL 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, 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 ci ty Attorney I s
office.
3. The tentative map shal1 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
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reproduction and microfilm of each sheet of the final map
after recordation.
5. Prior to approval of the final map, Condominium Associa-
tion By-Laws (if applicable) and a Declaration of CC & Rls
shall be reviewed and approved by the City Attorney. The
CC & R I s shall contain a non-discrimination clause as
presented in section 9392 (SMMC) and in the case of con-
dominiums, contain such provisions as are required by Sec-
tion 9122E (SMMC).
6. The developer shall provide for payment of a Condominium
Tax of $1,000 per saleable residential unit per the provi-
sions of section 6651 et seq. of the Santa Monica
Municipal Code.
7. The form, contents, accompanying data, and filing of the
final subdivision map shall conform to the provisions of
Sections 9330 through 9338 (SMMC) and the Subdivision Map
Act. The required Final Map filing fee shall be paid
prior to sCheduling of the Final Map for City council
approval.
8. The form, contents, accompanying data, and filing of the
final parcel map shall conform to the provisions of Sec-
tions 9350 through 9357 (SMMC) and the Subdivision Map
Act.
9. The final map shall be recorded with the Los Angeles Coun-
ty Recorder prior to issuance of any building permit for a
condominium project pursuant to Government Code section
66499.30.
IO. Pursuant to Section 9366 (SMMC), if the subdivider or any
interested person disagrees with any action by the
Planning Commission with respect to the tentative map, an
appeal or complaint may be filed in writing with the City
Clerk. No appeal or complaint may be filed after a ten
day period from the Commission's decision on the tentative
map.
VOTE
Ayes: Abdo, Finkel, Genser, Jennings, Reed, Zane
Nays:
Abstain:
Absent: Katz
NOTICE
If this is a final decision not subject to further appeal under
the city of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, the time within which jUdicial review of this decision
must be sought is governed by Code of Civil Procedure Section
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1094.6, which provision has been adopted by the City pursuant to
Municipal Code Section 1400.
I hereby certify that this statement of official Action accurate-
ly reflects the final determination of the Planning Commission of
the City of Santa Monica.
Signa~~ ~;f
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dat7 . /
Judv Abdo, . Mayor
Please Print Name and Title
I hereby agree to the above conditions of approval and
acknowledge that failure to comply with such conditions shall
constitute grounds for potential revocation of the permit
approval.
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Applicant's Signature
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Print Name and Title /
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