SR-402-001 (50)
Rev, '5ed Report
1L.
JUL 2 2 2003
PCD: S F :JT :AS:J L:f:\plan\share\Cou ncil\STOAS\02APP023revised .doc
Council Mtg: July 22, 2003 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Revised Staff Report -- Certification of the Statement of Official Action for
Appeal 02-023 of the Planning Commission's Denial of a 17 -Unit
Condominium Development
Located at 1544 Seventh Street. Applicant / Appellant: 1544 ih Street,
LLC
INTRODUCTION
This staff report transmits for City Council certification the Statement of Official Action
for Appeal 02-023 of the Planning Commission's denial of a 17 -unit condominium
development.
On June 10, 2003 the City Council upheld the appeal by a vote of 4-2. The City
Council's decision was based upon the findings contained in the attached Statement of
Official Action.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council approve the attached Statement of Official
Action.
JUL 2 2 2003
Re",- Repof'k.
1-L
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Jonathan Lait, AICP, Senior Planner
Planning and Community Development
Attachment: Statement of Official Action
CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER: 02APP023 (01 DCP013, 02TM-011, 011S-005)
LOCATION: 1544 Seventh Street
APPLICANT: 1544 ih Street LLC
APPELLANT: 1544 ih Street LLC
PROPERTY
OWNER: 1544 ih Street LLC
CASE PLANNER: Jonathan Lait, AICP, Senior Planner
REQUEST: The applicant requests approval to construct a new five
story, 17 -unit residential condominium project. Twenty-five
parking spaces will be located on grade accessed from
Sixth Court and in a subterranean garaged accessed from
Seventh Street.
CEQA STATUS: The project is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) pursuant
Section 15332 (Class 32) of the State Implementation
Guidelines. Specifically, projects that are consistent with
the applicable general plan designation and zoning
regulations, that are not located on a site greater than five
acres in an urbanized environment or supports habitats for
rare, threatened or endangered species, that are
adequately served by existing infrastructure and that will
not result in any significant effects relating to traffic, noise,
air and water quality, are exempt from CEQA.
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CITY COUNCIL ACTION
June 10 , 2003
Date.
x
Approved based on the following findings and subject to the
conditions below.
Denied
Other.
EFFECTIVE DATES OF ACTION:
June 10,2003
June 10, 2003
Appeal (02-023), Design Compatibility Permit (01-013)
Vesting Tentative Tract Map 53675 (02TM-011)
EXPIRATION DATE OF ANY PERMITS GRANTED:
June 10,2005 Appeal (02-023), Design Compatibility Permit (01-013)
June 10,2005 Vesting Tentative Tract Map 53675 (02TM-011)
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES:
Any request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit.
Twelve (12) Months Administrative Approval.
Three (3) years Vesting Tentative Tract Map, Subject to Planning Commission
Approval.
Each and all of the findings and determinations are based on the competent and
substantial evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information contained herein or in the findings are based on
the substantial evidence in the record. The absence of any particular fact from any
such summary is not an indication that a particular finding is not based in part on that
fact.
TENTATIVE PARCEL/TRACT MAP FINDINGS
1 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, in that the project conforms to the
provisions of the C3 District development standards of the Zoning Ordinance
and the General Commercial land use designation in the Land Use Element of
the General Plan.
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2. The site is physically suitable for the proposed type of development, in that the
subject parcel is a standard-sized parcel with no unusual characteristics. The
property is located within an urbanized environment that is adequately served
by existing facilities and infrastructure.
3. The site is physically suitable for the proposed density of development, in that a
7,500 square foot parcel is the subject block of the C3 District can
accommodate up to 15,000 square feet of building area with provisions for
residential units being calculated at 50%. There is no limitation to the number of
units allowed on the parcel.
4. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat, in that the proposed development is an infill development
within an urbanized environment and does not currently support fish or
significant wildlife.
5. The design of the subdivision or the type of improvement will not cause serious
public health problems, in that the proposed development complies with the
provisions of the Zoning Ordinance and the General Plan.
6. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through, or use of,
property within the proposed subdivision, in that no such easements exist on the
subject site and the property has vehicular and pedestrian access from Sixth
Court and Seventh Street.
DESIGN COMPATIBILITY PERMIT FINDINGS
1 The physical location, size, massing and placement of the proposed structure on
the site and the location of proposed amenities within the project, as conditioned,
is compatible with and relates harmoniously to surrounding sites and
neighborhoods. Specifically, the subject property is located within an urbanized
commercial environment and is adjacent to other properties that contain existing
structures that are comparable in height, size and massing to that which is
proposed in the subject application. The subject property is surrounded by three
and four story buildings to the north and south, respectively, and a five-story
residential building directly across the alley. The project incorporates articulated
fagade elements adjacent to the public street and pedestrian amenities such as
landscaping, exterior lighting, recessed entries and a bench. The stair and
elevator projections above the height limit are located near the taller building to
the south, which has been designed with a standing seam metal roof to match a
similar feature used on the front fagade of the building.
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2. The physical location, size, massing and placement of proposed structures on
the site, and parking access and the location of proposed amenities within the
project would not be detrimental to the public interest, health, safety,
convenience or general welfare. Specifically, the proposed structure complies
with all applicable provisions of the City of Santa Monica Municipal Code and the
City's General Plan, which are the two land use documents that the City uses to
ensure projects do not detrimentally impact public interest, health and safety. As
an in-fill development within an urbanized environment, and after evaluation of
potential impacts to traffic, noise, air and water quality, consistent with Section
15332 of the CEQA Guidelines, it is not anticipated the project would have the
potential to degrade or otherwise compromise the integrity or general welfare of
the community.
3. The rights-of-way can accommodate autos and pedestrians, including adequate
parking and access, in that, as conditioned, pedestrian and vehicular access to
the site would be provided from Seventh Street, which is a collector street at the
project location, and vehicular access would also be provided from Sixth Court, a
20-foot wide alley. An evaluation of existing street systems, levels of service and
anticipated trip generation from the project shows that there is no net increase in
traffic generation caused by the proposed project as compared to the existing
improvements. Therefore, while existing street segments may vary in the level of
service, existing street systems exist and will not be impacted by the proposed
project.
4. The health and safety services (police, fire etc.) and public infrastructure (e.g.,
utilities) is sufficient to accommodate the new development, in that the proposed
development is located within an urbanized area that is already adequately
served by existing City infrastructure. No new safety services or public
infrastructure will be required by this project.
5. Reasonable mitigation measures have been included for all adverse impacts
identified in an Initial Study or Environmental Impact Report, in that the proposed
development is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant Section 15332 of the CEQA
Guidelines and therefore, no Initial Study or Environmental Impact Report was
prepared and thus no mitigation measures generated.
6 The proposed use conforms precisely to the minimum requirements outlined in
Section 9.04.16, Subchapter 9.04.16.01.030, in that the proposed project, as
conditioned below, and shown on the plans submitted by the applicant,
demonstrates compliance with all applicable provisions of the City of Santa
Monica Zoning Ordinance.
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DESIGN COMPATIBILITY PERMIT CONDITIONS
Plans
This approval is for those plans identified as Option 1 and presented to the City
Council on June 10, 2003, a copy of which shall be maintained in the files of the
City Planning Division. Project development shall be consistent with such plans,
except as otherwise specified in these conditions of approval.
2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and
General Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be subject to the review and
approval of the Transportation Planning Manager.
4. Minor amendments to the plans shall be subject to approval by the Director of
Planning. A significant change in the approved concept shall be subject to
Planning Commission Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission, Architectural
Review Board or Director of Planning.
Architectural Review Board
5. An access gate shall be provided at the driveway entrance adjacent to Seventh
Street. The Architectural Review Board shall pay particular attention to the gate
design to ensure that it effectively screens visual access into the subterranean
garage.
6. 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 Architectural Review Board, in its
review, shall pay particular attention to the aesthetic, landscaping, and setback
impacts of any ramps or other features necessitated by accessibility
requirements.
7. Prior to submittal of landscape plans for Architectural Review Board approval, the
applicant shall contact the Department of Environmental and Public Works
Management regarding urban runoff plans and calculations.
8. Plans for final design, landscaping, screening, trash enclosures, and signage
shall be subject to review and approval by the Architectural Review Board.
9. The Architectural Review Board, in its review, shall pay particular attention to the
project's pedestrian orientation and amenities; scale and articulation of design
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elements; exterior colors, textures and materials; window treatment; glazing; and
landscaping. All building glazing shall be clear glazing.
10. The Architectural Review Board, in its review, shall pay particular attention to the
extensive use of stucco siding and shall require additional complementary
materials and architectural detailing as necessary to enhance the aesthetic
design.
11 Construction period signage shall be subject to the approval of the Architectural
Review Board.
12. 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.
Refuse areas, storage areas and mechanical equipment shall be screened in
accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. 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. Any rooftop mechanical equipment
shall be minimized in height and area, and shall be located in such a way as to
minimize noise and visual impacts to surrounding properties. Unless otherwise
approved by the Architectural Review Board, rooftop mechanical equipment shall
be located at least five feet from the edge of the roof. Except for solar hot water
heaters, no residential water heaters shall be located on the roof.
14, No gas or electric meters shall be located within the required front or street side
yard setback areas. The Architectural Review Board in its review shall pay
particular attention to the location and screening of such meters.
15. Prior to the Architectural Review Board's review, the applicant shall remove the
framed architectural element at the fourth floor deck adjacent to the southern
property line.
16. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due
and payable at the time of issuance of a building permit for the construction or
placement of the residential unit(s) on the subject lot, per and subject to the
provisions of Section 6.80.010 et seq. of the Santa Monica Municipal Code.
Demolition
17 Until such time as the demolition is undertaken, and unless 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,
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bushes and planting that inhibit the easy surveillance of the property to the
satisfaction of the Building and Safety Officer and the Fire Department. Any
landscaping material remaining shall be watered and maintained until demolition
occu rs.
18. Unless otherwise approved by the Community and Cultural Services Department
and the Planning Division, at the time of demolition, any street trees shall be
protected from damage, death, or removal per the requirements of Ordinance
1242 (CCS).
19, Immediately after demolition (and during construction), a security fence, the
height of which shall be the maximum permitted by the Zoning Ordinance, shall
be maintained around the perimeter of the lot. The lot shall be kept clear of all
trash, weeds, etc.
20 Prior to issuance of a demolition permit, applicant shall prepare for Building
Division approval a rodent and pest control plan to insure that demolition and
construction activities at the site do not create pest control impacts on the project
neighborhood.
No demolition of buildings or structure built 40 years of age or older shall be
permitted until the end of a 60-day review period by the Landmarks Commission
to determine whether an application for landmark designation shall be filed. If an
application for landmark designation is filed, no demolition shall be approved until
a final determination is made by the Landmarks Commission on the application.
Construction
22. Unless otherwise approved by the Department of Environmental and Public
Works Management, all sidewalks shall be kept clear and passable during the
grading and construction phase of the project.
Sidewalks, curbs, gutters, paving and driveways which need replacing or removal
as a result of the project as determined by the Department of Environmental and
Public Works Management shall be reconstructed to the satisfaction of the
Department of Environmental and Public Works Management. Approval for this
work shall be obtained from the Department of Environmental and Public Works
Management prior to issuance of the building permits.
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.
Street trees shall be maintained, relocated or provided as required in a manner
consistent with the City's Community Forest Management Plan 2000, per the
specifications of the Open Space Management Division of the Community and
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Cultural Service Department. No street trees shall be removed without the
approval of the Open Space Management Division.
26. A construction period mitigation plan shall be prepared by the applicant for
approval by the Department of Environmental and Public Works Management
prior to issuance of a building permit. The approved mitigation plan shall be
posted on the site for the duration of the project construction and shall be
produced upon request. As applicable, this plan shall 1) Specify the names,
addresses, telephone numbers and business license numbers of all contractors
and subcontractors as well as the developer and architect; 2) Describe how
demolition of any existing structures is to be accomplished; 3) Indicate where any
cranes are to be located for erection/construction; 4) Describe how much of the
public street, alleyway, or sidewalk is proposed to be used in conjunction with
construction; 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 dewatering
and its effect on any adjacent buildings; 8) Describe anticipated construction-
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 normally permitted hours is proposed; 11) Describe
any proposed construction noise mitigation measures; 12) Describe construction-
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.
Developer shall prepare a notice, subject to the review by the Director of
Planning and Community Development, that lists all construction mitigation
requirements, permitted hours of construction, and identifies a contact person at
City Hall as well as the developer who will respond to complaints related to the
proposed construction. The notice shall be mailed to property owners and
residents within a 200-foot radius from the subject site at least five (5) days prior
to the start of construction.
A sign shall be posted on the property in a manner consistent 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.
A copy of these conditions shall be posted in an easily visible and accessible
location at all times during construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of the copy.
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Environmental Mitigation
30, 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).
31 Parking areas and structures and other facilities generating wastewater with
significant oil and grease content are required to pretreat these wastes before
discharging to the City sewer or storm drain system. Pretreatment will require
that a clarifier or oil/water separator be installed and maintained on site. In cases
where settleable solids are present (or expected) in greater amounts than
floatable oil and grease, a clarifier unit will be required. In cases where the
opposite waste characteristics are present, an oil/water separator with automatic
oil draw-off will be required instead. The General Services Department will set
specific requirements. Building Permit plans shall show the required installation.
Miscellaneous DCP Conditions
32. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
33, 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
significance of the survey findings and appropriate actions and requirements, if
any, to address such findings.
34. 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 Environmental and Public Works.
35. No fence, gate, or wall within the required front yard setback, inclusive of any
subterranean garage slab and fencing, gate, or railing on top thereof, shall
exceed a height of 42" above actual grade of the property.
36. A security gate shall be provided across the opening to the subterranean garage.
If any guest parking space is located in the subterranean garage, the security
gate shall be equipped with an electronic or other system which will open the
gate to provide visitors with vehicular access to the garage without leaving their
vehicles. The security gate shall receive approval of the Police and Fire
Departments prior to issuance of a building permit.
37. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot. Roof locations may be
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used when the mechanical equipment is installed within a soundrated parapet
enclosure.
38, Final approval of any mechanical equipment installation will require a noise test
in compliance with SMMC Section 4.12.040. Equipment for the test shall be
provided by the owner or contractor and the test shall be conducted by the owner
or contractor. A copy of the noise test results on mechanical equipment shall be
submitted to the Community Noise Officer for review to ensure that noise levels
do not exceed maximum allowable levels for the applicable noise zone.
39, Final building plans submitted for approval of a building permit shall include on
the plans a list of all permanent mechanical equipment to be placed indoors
which may be heard outdoors.
Validity of Permits
40, In the event permittee violates or fails to comply with any conditions of approval
of this permit, no further permits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully remedied.
41. Within ten days of City 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 Conditions of approval
and acknowledging that failure to comply with such conditions shall constitute
grounds for potential revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights applicant may possess
regarding said conditions. The signed Statement shall be returned to the
Planning Division. Failure to comply with this condition shall constitute grounds
for potential permit revocation.
42 This determination shall not become effective until a final determination is made
on the appeal. The approval of this permit shall expire if the rights granted are
not exercised within two years from the permit's effective date. Exercise of
rights shall mean issuance of a building permit to commence construction.
However, the permit shall also expire if the building permit expires, if final
inspection is not completed or a Certificate of Occupancy is not issued within the
time periods specified in SMMC Section 8.08.060. One twelve-month extension
may be permitted if approved by the Director of Planning. Applicant is on notice
that time extensions may not be granted if development standards relevant to the
project have changed since project approval.
43. Within thirty (30) days after final approval of the project, a sign shall be posted on
site stating the date and nature of the approval. The sign shall be posted in
accordance with the Zoning Administrator guidelines and shall remain in place
until a building permit is issued for the project. The sign shall be removed
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promptly when a building permit is issued for the project or upon expiration of the
Conditional Use Permit.
Special Conditions
Pursuant to Ordinance 1589 (CCS), prior to receipt of the final permit necessary
to demolish, convert, or otherwise remove a controlled rental unit(s) from the
housing market, the owner of the property shall first secure a removal permit
under Section 1803(t), an exemption determination, an approval of a vested
rights claim from the Rent Control Board, or have withdrawn the controlled rental
unit(s) pursuant to the provisions of the Ellis Act.
Prior to issuance of a building permit, the applicant shall submit, for City review
and approval, a deed restriction or other legal instrument setting forth the
residential use requirements for the project. Such restrictions shall be effective
for the life of the project.
Affordable Housing Obligation (effective July 21, 1998)
46 Pursuant to Santa Monica Municipal Code (SMMC) Chapter 9.56, the project is
subject to the City's Affordable Housing Production Program which requires an
17-unit development to provide either two very low cost affordable unit(s) or four
low cost affordable unit(s) on-site (SMMC Section 9.56.050), provide the
affordable units off-site (SMMC Section 9.56.060), pay an affordable housing fee
(SMMC Section 9.56.070), acquire land for affordable housing (SMMC Section
9.56.080). The developer has elected to satisfy the Affordable Housing
Production requirement through payment of an affordable housing fee. The
project's affordable housing fee is based on the following formula:
Floor Area (as defined by SMMC Section 9.04.02.030.315) x $11.01 x applicable
%. The project's floor area as shown on the plans dated 10/22/02 is 27,661
square feet. The project's affordable housing fee based on this floor area would
be $304,548. The fee will be recalculated prior to payment based on the actual
building floor area of the project as constructed. The fee must be paid in full prior
to the City granting any approval for the occupancy of the project.
TENTATIVE PARCEL/TRACT MAP CONDITIONS
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 engineer and approved by the City Engineer.
48, A subdivision improvement agreement for all off site improvements required by
the City Engineer shall be prepared and a performance bond posted through the
City Attorney's office.
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49. The tentative map shall expire 24 months after approval, except as provided in
the provisions of California Government Code Section 66452.6 and Subchapter
9.20.18 of the Santa Monica Municipal Code. During this time period the final
map shall be presented to the City of Santa Monica for approval. No building
permit for the project will be granted until such time as the final map is approved
by the Santa Monica City Council.
50. In submitting required materials to the Santa Monica Engineering Division for a
final map, applicant shall provide a copy of the approved Statement of Official
Action.
51 Prior to approval of the final map, Condominium Association By-Laws (if
applicable) and a Declaration of CC & R's shall be reviewed and approved by the
City Attorney. The CC & R's shall contain a non-discrimination clause as
presented in Section 9.20.20.020 (SMMC) and in the case of condominiums,
contain such provisions as are required by Section 9.04.16.01.030(e)(SMMC).
52 The developer shall provide for payment of a Condominium Tax of $1,000 per
saleable residential unit per the provisions of Section 6.76.010 et seq. of the
Santa Monica Municipal Code.
53 The form, contents, accompanying data, and filing of the final subdivision map
shall conform to the provisions of Sections 9.20.12.010 through 9.20.08.090
(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.
54 The form, contents, accompanying data, and filing of the final parcel map shall
conform to the provisions of Sections 9.20.12.010 through 9.20.12.080 (SMMC)
and the Subdivision Map Act.
55. One mylar and one blue-line copy of the final map shall be provided to and
recorded with the Los Angeles County Recorder prior to issuance of any building
permit for a condominium project pursuant to Government Code Section
66499.30. Applicant shall also provide the County with a copy of this Statement
of Official Action at the time the required copies of the map are submitted.
56. A copy-of the recorded map shall be provided to the City Planning Division before
issuance of a Building Permit.
57, Pursuant to Section 9.20.14.070 (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.
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VOTE
Ayes:
Nays:
Abstain:
Absent:
Holbrook, Katz, O'Connor, Mayor Bloom
Feinstein, McKeown
Genser
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive and Zoning Ordinance, the time within which judicial review of this
decision must be sought is governed by Code of Civil Procedures Section 1094.6, which
provision has been adopted by the City pursuant to Municipal Code Section 1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
D~ ;;l.~l 'k>o3
F:\PLAN\SHARE\COUNCIL \STOAS\02APP023.doc
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