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SR-402-001 (36) -- !I/}2 '-00/ 1:1.-4. AUG 1 2 1966 C/ED:PC:RAS:~l:nh Council Mtg: August 12, 1986 Santa Mon~ca, Cal~forn~a TO: Mayor and C~ty Council FROM: C~ty Staff SUBJECT: Appeal of Plannlng Commlss~on Cond~t~on of Approval of Tentative Parcel Map 17599 and Condltlonal Use Permit 416, 2021 Th~rd Street, Two-Un~t Condom~n~um. Appl~cant/Appe11ant: Douglas A. Lowe for Lefcoe and Whitebread. INTRODUCTION ThlS report recowmends that the City Councll uphold the appeal of the appl~cant and approve Tentat~ve Parcel Map 17599 and Cond~tional Use Perm~t 416 for a two unit condomlnlum as submltted by the applicant. On May 5, 1986, the Plann~ng Commlss~on approved the proJect by a 6-0 vote wlth the condltlon that access to the upper level roof decks be removed. The appl~cant lS appeallng that condltlon. BACKGROUND On June 1, 1984, an Admin~stratlve Approval was ~ssued for this proJect as a three-story, two-unlt apartment buildlng. On November 27, 1985, the Admlnlstrative Approval was amended to allow the roof levels to be used as decks. After buildlng construction began, the owners declded they wanted to convert the proJect to a condomln~um. To do so they flIed applicatlons for a Parcel Map and Conditional Use Permlt. The apartment building, WhlCh was approved by the Archl tectural ReVlew Board on October /.2"4 _ 1 - AUG 1 2 1nS ." '. 3, 1984, and subsequently by the Callforn.ta Coastal COrnIP1SS10n, is currently under constructlon and 18 near completlon. The subJect Parcel Map and Condl tlonal Use Perml t would change the proJect only from an apartment to a condomlnlum. The appllcants requested that the deslgn be allowed to remaln unchanged. The Plannlng Commlsslon, however, upon hearlng testlmony from nelghborhood resldent8, added a condition that the uppermost roof area on each unit (there are lower level balconies on each unit) be made functlonally inaccesslble to prevent use as roof decks. The purpose of thls condltlon was to protect the prlvacy of surroundlng nelghbors. However, no speclfic addltlonal flndlng was adopted as a baS1S for the condltlon. The Plannlng COlTIlniSS10n I s Statement of Officlal Actlon .ts contained 1n Attachment 1. A more detal1ed proJect h1story and descrlptlon may be found in the May 5. 1986, Plannlng Commisslon Staff Report (Attachment 2) and proJect plans (Attachment 3). ANALYSIS The proJect, wlth or wlthout the subJect roof decks, .ts cons1stent wlth appl1cable Munlclpal Code and General Plan standards. Notlng that adopted development regulatlons do not restrict the use of a roof for an open deck, such decks are allowed where no dlscretlon is lnvolved (e.g. apartment hUlldlngs meetlng Code requlrement). The request to make the build1ng into a condomlnium, however, opens the proJect to discretlonary it is possible to regulate review. Under dlscretionary reVlew, such decks to preclude unreasonable reductions of neighbors' - 2 - ------- ~ ~ ;. pn_vacy. (In a sim1lar case, the Counc1l recently allowed a condom1nium roof deck to remain. Reference: Appeal on 1024 Bay Street condominlums.) Un1que to this case is that the subJect build1ng and decks are already constructed. The appl1cant contends that the reason for the late appllcat10n to make the bU1ld1ng a condomln1um, after construct1on was under way for an apartment, 1S based on financ1al reasons and 1S not an 1ntent to circumvent the plann1ng process. Denlal of use of the decks on the subJect bU1ld1ng could result in the bUlld1ng remaln1ng an apartment. Given the bU1ld1ng des1gn, 1ncludlng its helght, lower level balconies and window placement, the privacy of adJoining propert1es w1ll be affected whether or not the roof-top decks are left access1ble. COUNCIL CONSIDERATION In actlng on thls ltem, the City Councll may deny the appeal and approve the Tentat1ve Parcel Map and Conditional Use Permit with the find1ngs and conditlons contalned in the May 5, 1986, Plann1ng Commission Statement of Off1c1al Action; may uphold the appeal by approv1ng the Tentatlve Parcel Map and Conditional Use Perm1t, as above, but deletlng Cond1t1on 11; or otherw1se act to approve, cond1tlonally approve, or deny the proJect as It deems approprlate. BUDGET/FISCAL IMPACT The recommendatlons presented in th1S report do not have a budget/f1scal lmpact. - 3 - .. " RECOMMENDATION Staff respectfully recommends that the City Council uphold the appeal and approve Tentative Parcel Map 17599 and Cond1tlonal Use Perm1t 416 wlth the findlngs and condltlons contalned 1n the May 5, 1986, Plannlng Commlsslon Statement of Official Actlon, except that Condltion 11 be deleted. Prepared by: R. Ann Slracusa, Dlrector of Planning Suzanne Frick, prlnclpal Planner Rlchard Mllls, Asslstant Planner Plannlng Dlvislon Communlty and EconomlC Development Department Attachments: 1. May 5, 1986 Planning CommlSSlon Statement of Offlclal Action 2. May 5, 1986, Plannlng Commisslon Staff Report 3. ProJect Plans RM: nh CC17599 07/28/86 - 4 - , .... p..TTAC~MEN"'C 1 STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: TTM 17599, CUP 416 LOCliTION: 2021 Thlrd Street APPLICANT: George Lefcoe and Charles hbltebread RECUEST: Two-Unlt Condomlnlum PLANNING COMMISSION ACTION 5-5-86 Date. x Approved based on the followlng flnd1ngs and subJect to the conditions below. Denled. Other. FIl\DINGS 1. The proposed SUbdlV1S1on, together wlth 1ts prov1s1on for lts deslgn and lmprOVeQents, 18 conslstent W1th appl1cable general and speclf1c plans as adopted by the C1ty of Santa Mon1ca as noted 1n th1S staff report and 1n the staff re- port and determlnat10n for Development ReV1ew 120 and ZA 4589-Y, 1ncorporated here1n by reference. 2. The 51 te lS physlcally SU1 table for the proposed type of development based on informatlon set forth 1n th1S staff report and in the staff report and determlnat10n for Development ReV1ew 120 and ZA 4589-Y, 1ncorporated here1n by reference. 3. The 51 te lS phys1cally SUl table for the proposed densl ty of development based on informatlon set forth 1n th1S staff report and 1n the staff report and deterrrlnatlon for Development ReV1ew 120 and ZA 4589-Y, lncorporated here1n by reference. 4. The des1gn of the subdlv1s1on or the proposed 1rr.prove~ents wlll not cause substant1al enVlronfilental damage or sub- stantially and avo1dably 1nJure f1Sh or wlldlife or the1r habltat. 5. The des1gn of the subd1 V1S1on or the type of 1mprovement will not cause serlOUS publ1C health problems. - 1 - , ~ ~. 6. The des~gn of the subd~v~s~cn or the type of ~ffiprove~ents w~ll not confl~ct wlth easements, acqulred by the publlC at large, for access through, or use of, property w~th1n the proposed subd1vls1on. 7. The des~gn of the subdlv~s~on provldes for future passlve or natural heat~ng or coollng opportun1 t1es 1n the sub- dlV1S1on to the extent feas~ble short of reduclng allow- able densltles or standard yard setback requlrements. 8. The proposed use and locatlon are 1n accordance w1th good zonlng pract1c~, ~n the publ~c interest and necessary that substantlal ]Ust1ce be done and the proposed use lS com- pat~ble w~th ex~sting and potentlal uses wlth~n the general area, traff~c or parklng congestion wlll not result, the publ1C health, safety and general welfare are protected and no harm to adJacent propertles wlll result based on 1nforrrat1on set forth 1n thlS staff report and ~n the staff report and deterIT~natlon for Development ReVlew 120 and ZA 4589-Y, lncorporated herein by reference. CONDITIONS OF APPROVAL 1. All off S1. te lmprovements requlred by the Cl ty Englneer shall be lnstalled. Flans and speclf1catlons for off slte lmprovements shall be prepared by a reglsterec C1Vll en- glneer and approved by the C~ty Englneer. 2. Before the Clty Englneer may approve the flnal ~ap, a sub- dl V1Slon lrr.provement agreement for all off S~ te lrrprove- ments requlred by the C1ty Eng1neer shall be prepared and a performance bond posted through the Clty Attorney's offlce. 3. The tentat1ve map shall explre 24 months after approval, except as provlded ln the provlslcns of Callrornla Govern- ment Code Sectlon 66452.6 and Sectlons 9380-9382 of the Santa Mon1ca Munlclpal Code. Durlng thlS tlme perlod the flnal map shall be presented to the Cl ty of Santa Monlca for approval. 4. The developer shall prov1de the Eng1neer1ng Department of the Clty of Santa Mon1ca wlth one Dlzal Cloth prlnt reproductlon and mlcrofllm of each sheet of the flnal map after recordatlon. 5. Prlor to approval of the flnal map, Condom1nlum J:._SSOCla- tlon By-Laws (If applicable) and a Declaratlon of CC & R's shall be revlewed and approved by the Clty Attorney. The CC & R's shall contaln a nondlscr1~lnatlon clause as pres- ented 1n Sectlon 9392 (SMMC) and 1n the case of conaomlnl- urns, contdln such provlslons as are requlred by Sectlcn 9122E (SMMC). - 2 - " 6. The developer shall provlde for payment of a COrlo.orunl.um Tax of $1,000 per saleable res1.dent1.al un1.t per the prov1- S1.ons of Sect1.on 6651 et seq. of the Santa Monl.ca Muulcipal Cod~. 7. 'The form, contents, accorrpanYlng data, and fllln9' of the flnal parcel map shall conform to the provlslons of Sec- tlons 9350 through 9357 (S!liMC) and the Subdlv1.Sl0n Map Act. 8. The flnal map shall be recorded prl.or to the lssuance of a final certlfl.cate of occupancy for the subJect bUlldlng. 9. ThlS deter~lnatlon shall not become effectlve for a perlod of ten days (twenty days for the Conditlonal Use Permlt) from the date of detern:lnatlon or, lf appealed, untll a flnal determlnatlon lS wade on the appeal. 10. The Lepartroent of BUlldlng and Safety shall lnspect the property to conflrm that 1t 1S belng bUllt 1n accordance wlth approved plans. 11. Access to the roof shall be el1mlnated from Cn1.t A, Unlt B and the common tower, so that the upper roof of each Un1.t 1.S not used as a deck. 12. The developer shall exped1.te complet1.on of the proJect and shall appolnt a representative to facll1. tate d1.SCUSS1on wlth the ne1.ghborhood In regard to the proJect. VOTE Ayes: f.'i:ays: Abstaln: Absent: Israel, Farlvar, Hecht, Perlman, Shearer, Hebald-Eeyman None None Klrshner I hereby certify that this Statement of accurately reflects the final determination commdssion of the City of Santa Monica. Official Action of the Plannlng date slgnature prlnt naMe and tltle RM : nh stcup416 5-7-86 - 3 - .. . A TIACt\-ME-N\ '2. CITY PLAKNING DIVISION Co~un~ty and Econonic Development Department M E M 0 R A K DUM DATE: May 5, 1986 TO: The Eonorable Plannlng COffiftission FROM: R. Ann S~racusa, Director of Plann~ng SUBJECT: TPM 17599, CUP 416, Two-Un1t Condomin1urn Address: Zon~ng District: Appl~cant: 2021 Thlrd Street R3 George Lefcoe and Charles \fultebread SITE LOCATIOK &~D DESCRIPTIOK The subJect property is a 4,200 5q.ft. parcel locdted on the east s1de of Th~rd Street between Blcknell Street and Bay Street hav~ng a frontage of 30 feet. Surround~ng uses conslst ot a two- s~ory duplex with a one story dwelllng at the rear to the north (R3), a two-story s1-ngle far.a1y dwell1ng to the south (R3), a one-story single farn~ly dwell~ng to the east (R3), and two-story apartwent bUlldlngs across Thlrd Street to the west (R3). Zonlng Dlstrlct: R3 Lar.d Use Dlstrlct: Medlurn Dens~ty Houslng Parcel Area: 30' x 140'; 4,200 sq.ft. PROPOSED PROJECT The applicants request that a prevl.ously approved three-story, spli t-level, two-unl t duplex apartment bUlldlng now under con- structlon be made a condominlum proJect prlor to lssuance of a certl.flcate of Occupancy. No physlcal changes to the approved bUlld1ng are proposed. Each two-bedroom unit contains approxl.mately 2,300 sq.ft. of Ilvlng area. MUNICIPAL CODE AND GENERAL PL~~~ COKFORMANCE The proposed proJect 1S cons1stent wlth the Mun~clpal Code and ln conformlty with the General Plan as shown in Attachment A. CEQA STATUS Categorlcally Exempt - 1 - ~ '. FEES Condomlnlums are subJect to a $1,000 per unlt Condomlnlum tax due at the tlme of flrst sale of each unlt. A...l<\AL YSIS The proJect was approved by the Planning Co~mlSSlon In 1982 as a duplex apartment (reference DR 120 and ZA 4589-Y, 12/13/62) and the present revlsed deslgn was approved by the Archltectural Re- view Board In 1984 (reference ARB 2399, 6/20/84 and 10/3/84). A parklng variance for the four-car tandem parklng arrangement and a varlance for a reduced sldeyard also were approved by the Com- mlSSlon ln December 1982. The proJect has been approved by the Coastal Cornmlsslon. yfu~le lt is not the City's preferred practice to allow condornlni- un' proJects to proceed after constructlon has commenced on a bUlldlng as an apartment, this case presents no substantlve prob- lens. Slnce only two unlts are lnvolved, there 15 no lncluSlon- ary houslng requ1rement at issue. RECO~1Hl:.L";TATIO~ It lS respectfully recommended that TPM 17599 and CUP 416 be ap- proved wlth the followlng f1nd1ngs and condlt10ns: FI:\DI~"GS 1. The proposed subdivis1on, together w1th 1tS prov1s1on for its deslgn and lmprovements, 1S conslstent wlth appl1cable general and speciflc plans as adopted by the C1ty of Santa Monlca as noted 1n thls staff report and 1n the staff re- port and determ1nation for Development ReV1ew 120 and ZA 4589-Y, 1ncorporated here1n by reference. 2. The Sl te 1S physically suitable for the proposed type of development based on lnformatlon set forth In thlS staff report and ~n the staff report and determination for Development ReVlew 120 and ZA 4589-Y, 1ncorporated hereln by reference. 3. The 51 te ~5 physically SUl table for the proposed dens1 ty of development based on 1nformat1on set forth in thlS staff report and In the staff report and determ1nation for Develop~ent Review 120 and ZA 4589-Y, incorporated here1n by reference. 4. The deslgn of the subdlvls10n or the proposed 1mprovements w~11 not cause substantial envlronmenta1 damage or sub- stantlally and avo~dably 1nJure flSh or wlldlLfe or thelr habitat. 5. The design of the subdlvislon or the type of improvement will not cause ser10US publlC health problems. - 2 - 6. The deslgn of the subdi V1Slon or the type of lrnprovements wlll not confllct wlth easements, acqulred by the publlC at large, for access through, or use of, property w1thin the proposed subdlvls1on. 7. The deslgn of the subdlvlsion provldes for future passlve or natural heat1ng or coollng opportun1 t1es 1n the sub- divislon to the extent feasible short of reducing allow- able densltles or standard yard setback requlrements. 8. The proposed use and locat1on are in accordance w1th good zon1ng pract1ce, In the publlC 1nterest and necessary that substantlal Justlce be done and the proposed use 1S com- patible wlth eXlstlng and potentlal uses wlth1n the general area, trafflc or parking congestion will not result, the publlc health, safety and general welfare are protected and no harm to adJacent propert1es will result based on information set forth In thlS staff report and 1n the staff report and determ1nat1on for Development Review 120 and ZA 4589-Y. lncorporated here1n by reference. CC~DITIONS OF APPROVAL 1. All off 51 te 1wprovements requ1red br the Cl ty Englneer shall be installed. Plans and speclflcatlons for off slte lwprovernents shall be prepared by a reglstered clvil en- glneer and approved by the Clty Englneer. 2. Before the Clty Englneer may approve the flnal map, a sub- dl V1Slon lrrprovement agreement for all off 51 te lmprove- ments requlred by the Clty Englneer shall be prepared and a performance bond posted through the Clty Attorney's office. 3. The tentatl ve map shall explre 24 months after approval, except as provlded In the prov15lons of Callforn~a Govern- ment Code Sectlon 66452.6 and Sectlons 9380-9382 of the Santa Mon~ca Munlclpal Code. Durlng thlS tlMe perlod the flnal map shall be presented to the Clty of Santa Monica for approval. 4. The developer shall provlde the Eng~neerlng Department of the Clty of Santa Monlca wlth one Dlzal Cloth prlnt reproductlon and mlcrofllm of each sheet of the flnal map after recordatlon. 5. Prlor to approval of the f1nal map, COndOIrlnlUm ASSOCla- t10n By-Laws (If applicable) and a Declaratlon of CC & R's shall be reVlewed and approved by the Clty Attorney. The CC & R's shall contaln a nondlscrlffilnation clause as pres- ented In Sectlon 9392 (SMMC) and In the case of condoffilnl- urns, contaln such provlSlons as are requlred by Sectlon 9122E (Sr-1MC). 3 - ~ " 6. 'The developer shall provlde for payroent of a Condomlnlum Tax of $1,000 per saleable reSl.dentlal unit per the provl- Slons of Sectlon 6651 et seq. of the Santa Monica Hunlclpal Code. 7. The form, contents, accompanYl.ng data, and f11lng of the flnal parcel map shall conforw to the provis~ons of Sec- tlons 9350 through 9357 (SlvIMC) and the Subdlvlslon Map Act. 8. ~he flnal map shall be recorded pYlar to the lssuance of a flnal certlflcate of occupancy for the subJect bUllding. 9. ThlS deterrrlnatlon shall not become effectlve for a perlod of ten days (twenty days for the Condltlonal Use Permlt) from the date of determl.natlon or, If appealed, untl.l a flnal determlnatlon lS made on the appeal. Prepared by: Rlchard M1l1s, Asslstant Planner &'1 : nh CUP04l6 5-1-86 - 4 - '. , . ATTACHMENT A MUKICIPAL CODE N~D GENERAL PLAN CCNFO~lANCE Land Use Category Mun~c~pal Code Element Perm~tted Use 4 Units 3 Un~ts Height 3 stor~es/40' 3 stor~es/40' Setbacks Front yard 15' SJ..deyard 4' Rearyard 15' Lot Coverage 60% Park~ng 4 spaces - 5 - ProJect 2 Un~ts 3 stories/30' 15' 3'2" 15' 49% 4 spaces (2 ~n tanderrl) 10 Z - CJO/ t\ TIACH-ME.N\ ~ CITY PLAKNING DIVISION COMmun~ty and Econom~c Development Department M E M 0 RAN DUM DATE: May 5, 1986 TO: The Eonorable Plann~ng Co~mission FROM: R. Ann S1racusa. Director of Plann~ng SCBJECT: TPM 17599. CUP 416, Two-Unit Condominium Address.: Zoning District: Applicant: 2021 Third Street R3 George Lefcoe and Charles \fu~tebread SITE LOCATION AND DESCRIPTION Tne subJect property ~s a 4,200 5q.ft. parcel located on the east s~de of Third Street between B~cknell Street and Bay Street , having a frontage of 30 feet. Surrounding uses consist ot a two- story duplex with a one story dwell~ng at the rear to the north (R3), a two-story s~ngle family dwell1ng to the south (R3), a one-story single family dwelling to the east (R3), and ~wo-story apartment buildings across Third Street to the west (R3). Zon1ng District: R3 Land Use D1strict: Medium Density Houslng Parcel Area: 30' x 1401; 4,200 sq.ft. PROPOSED PROJECT The applicants request that a previously approved three-story, split-level, two-un1 t duplex apartment bui1d1ng now under con- struction be made a condOffiln1.Um proJect prior to issuance of a certifl.cate of occupancy. No phys~cal changes to the approved building are proposed. Each two-bedrcoI:l unit contalns approximately 2.300 sq. ft. of living area. MUNICIPAL CODE fu~D GENERAL PLAN CONFORMANCE The proposed project ~s conslstent with the Municipal Code and 1n conform~ty w~th the General Plan as shown in Attachment A. CEQA STATUS Categorically Exempt - 1 - ) FEES Condominiums are sUbJect to a $1,000 per unit Condom1n1um tax due at the t1me of first sale of each unit. ANALYSIS The proJect was approved by the Planning Commiss1on 1n 1982 as a duplex apartment (reference DR 120 and ZA 4589-Y, 12/13/82) and the present revised design was approved by the Architectural Re- V1ew Board 1n 1984 (reference ARB 2399, 6/20/84 and 10/3/84). A park1ng variance for the four-car tandem parklng arrange~ent and a varlance for a reduced sldeyard also were approved by the Com- miss10n in December 1982. The proJect has been approved by the Coastal Commlssion. vmile it 15 not the City's preferred practice to allow condomlnl- ., . Ur.1 proJects to proceed after constructl.on has commenced on a bU11d1ng as an apartment, this case presents no substantive prob- lews. Since only two unlts are involved, there is no inclusion- ary housing requirement at issue. RECQNHl:.NI:'ATION It is respectfully recommended that TPM 17599 and CUP 416 he ap- proved wl.th the following findl.ngs and conditions: FINDINGS .. 1. The proposed subdivision~ together with its provision for its deslgn and improvements, 1S consistent Wl.th applicable general and specific plans as adopted by the City of Santa Monlca as noted in this staff report and in the staff re- port and determination for Development Review 120 and ZA 4589-Y, incorporated herein by reference. 2. The site lS physlcally suitable for the proposed type of development based on information set forth in this staff report and in the staff report and determinat10n for Development Review 120 and ZA 4589-Y, incorporated herein by reference. 3. The site is physically sui table for the proposed density of development based on lnformation set forth in this staff report and in the staff report and determination for Development Review 120 and ZA 4589-Y, incorporated hereln by reference. 4. The design of the subdlv1sion or the proposed improvements will not cause substantlal environmental damage or sub- stantially and avol.dably injure fish or wildlife or thelr hab1tat. 5. The design of the subdi vislon or the type of improvement will not cause serious public health problems. - 2 - ) j 6. The design of the subdlvlsion or the type of ~rnprovements wll1 not conflict with easements, acquired by the public at large, for access through, or use of, property W.l thin the proposed subdivls1on. 7. The design of the subdlvision provides for future passive or natural heatlng or coollng opportunities in the sub- dlvision to the extent feaslble short of reducing allow- able densltles or standard yard setback requirements. 8. The proposed use and location are in accordance with good zoning practlce, in the publlC interest and necessary that substantlal Justlce be done and the proposed use is com- patible with existing and potentlal 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 information set forth in thlS staff report and in the staff report and determinat.lon for Development Review 120 and ZA 4589-Y, incorporated herein by reference. CO~DITIONS OF APPROVAL 1. All off site improvements required by the City Engineer shall be installed. Plans and gpeclficatlons for off site improvements shall be prepared by a reglstered civil en- glneer and approved by the City Engineer. 2. Before the Clty Engineer may approve the final map. a sub- dlvision i~provement agreement for all off s~t~ improve- ments requ1red by the City Engineer shall be prepared and a performance bond posted through the C1ty Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provlded in the provisions of California Govern- ment Code Section 66452.6 and Sections 9380-9382 of the Santa Monica Municipal Code. Durlng this tlme period the flnal ~ap shall be presented to the City of Santa Monlca for approval. 4. The developer shall prov~de the Englneerlng Department of the City of Santa Monica with one Dizal Cloth print reproductlon and mlcrofl1m of each sheet of the f~nal map after recordation. 5. Prior to approval of the final map, Condominlum Associa- tlon By-Laws (if applicable) and a Declaration of CC & R'g shall be reviewed and approved by the City Attorney. The CC & Rls shall contain a nondlscrlminatlon clause as pres- ented In Section 9392 (SMMC) and in the case of condom1n1- ums, contain such provisions as are requl.red by Section 9122E (SH~~C). .... - 3 - ) 6. The developer shall provide for payment of a Condomlniurn Tax of $1,000 per saleable resldent~al un~t per the provi- s~ons of Sectlon 6651 et seq. of the Santa Monica r-1unlc~pal Code. 7. The form, contents, accompanying data, and fillng o~ the f~nal parcel map shall conform to the provis~ons of Sec- tlons 9350 through 9357 (SlvlHC) and the Subdlvlsion Map Act. 8. The final map shall be recorded prior to the issuance of a final certificate of occupancy for the subJect buildlng. 9. This determination shall not become effective for a period of ten days (twenty days for the COnd.l.tlonal Use Permit) from the date of determination or, if appealed, until a f~nal det~rm~natlon is made on the appeal. Prepared by: Richard Mills, Assistant Planner RL1 : nh CUP04l6 5-1-86 ... - 4 - . . l . ) ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMAKCE Land Use C~~egory Municipal Code Element Permitted Use 4 Units 3 Units He~ght 3 stor1es/40' 3 stories/40' Setbacks Front yard 15.' Sideyard 41 Rearyard 15' Lot Coverage 60% parking 4 spaces - 5 - Project 2 Units 3 stories/30' IS' 3'2" IS' 49% 4 spaces (2 ~n tandem) ,