Loading...
SR-402-002 (13) -, .r-' , , . . l(oz-oo"Z '-K JAN 2 4 1989 Santa Monica, California CjED:PVB:DKW:WW council Meeting: January 24, 1989 TO: Mayor and City Council FROM: city Staff SUBJECT: Certification of statement of Official Action for the Appeal of Tentative Tract Map 46393 , Conditional Use Permit 535 for 928 19th Street. Applicant: Behzad Kianmahd. Appellant: Councilmember Herb Katz. INTRODUCTION This report transmits for city Council certification the Statement of Official Action for the appeal of the above listed Tentative Tract Map and Conditional Use Permit to permit the construction of a condominium development subject to the zoning code standards that were in effect at the time the proposal application was filed. BACKGROUND After public hearing and careful review of the record and staff recommendations, the City Council upheld the appeal and approved the proposed condominium development on December 13, 1988. RECOMMENDATION It is respectfully recommended that the City Council approve the attached Statement of Official Action which contains findings and conditions of approval for TTM 46393 and CUP 535. Prepared By: Wanda Williams, Associate Planner D. Kenyon Webster, Principle Planner Paul Berlant, Director of Planning 6-k - 1 - JAN 2 4 1989 FB: Dl'G-v : WW PC/memoS 35 Attachment . . - 2 - . . STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: TTM 46393, CUP 535 LOCATION: 928 19th street APPLICANT: Behzad Kianmahd REQUEST: Appeal of Planning Commission Condition of Ap- proval for Conditional Use Permit 535 and Vesting Tentative Tract Map 46363 that Requires the Revi- sion of a Proposal Filed Prior to Adoption of the Amended zoning Ordinance to Comply with the New Zoning Ordinance Development Standards. Appli- cant: Behzad Kianmahd. Appellant: Councilmem- ber Herb Katz. CITY COUNCIL ACTION l2/l3/88 Date. Approved based on the following findings and subject to the conditions below. Denied. X Other. Appeal Upheld to Modify Planning Commis- sion Approval of proj ect to Allow the Proj ect Developer to Develop Condominiums Subject to Zoning Code Standards In Effect At The Time The Application Was FlIed. CONDITIONAL USE PERMIT FINDING 1. The proposed use and location are in accordance with good zoning practice, in the public interest and necessary that substantial justice be done in that the two stories plus mezzanine level building will be compatible with surround- ing land uses that are characterized primarily by newer two story apartment development and in that the site can adequately accommodate the necessary parking and comply with the lot coverage provisions, setback requirements and other R2 standards outlined in the new zoning code. VESTING TENTATIVE TRACT MAP FINDINGS l. The proposed Subdivision, together with its provision for building redesign and improvements, will be consistent - 1 - . 2. 3. 4. 5. 6. . . with applicable general plans as adopted by the City of Santa Monica. The site is physically suitable for the proposed type 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 pre- cluding the proposed development. The site is physically suitable for the proposed density of development. 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. The design of the subdivision or the type of improvement will not cause serious public health problems. 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. The design of the subdivision does not preclude future passive or natural heating or cooling opportunities. SPECIAL CONDITIONAL USE PERMIT CONDITIONS 1. That this approval shall not be effective until the date of adoption of the ordinance which permits residential projects with vesting maps to be reviewed under the provi- sions of the prior zoning ordinance. 2. 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. STANDARD CONDITIONAL USE PERMIT CONDITIONS 1. Plans for final design, landscaping, screening, trash en- closures and signage shall be subj ect to review and ap- proval by the Architectural Review Board. 2. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in substantial conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. - 2 - . . 3. The Conditional Use Permit shall be of no further force or effect if Tentative Tract Map 46393 expires prior to ap- proval of a final map for said tract. 4. The rights granted herein shall be effective only when e~ercised within a period of one year from the effective date of approval. No extension of the permit may be granted. 5. The appl icant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 6. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 7. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with Sec. 9l27J. 2-4 (SMMC). Refuse areas shall be of a size adequate to meet on-site need. 8. No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 9. Project design shall comply with the building energy reg- ulations set forth in the California Administrative Code, Title 24, Part 2, (Energy Conservation standards for New Residential Buildings), such conformance to be verified by the Building and Safety Division prior to issuance of a Building Permit. 10. Natural light shall be provided in at least one bathroom in each dwelling unit. ll. Street trees shall be maintained, ~elocated or provided as required in a manner consistent with the city's Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 12. Street 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. 13. Any outdoor lighting shall be shielded and/or directed away from adjacent residential properties, with any such lighting not to exceed 0.5 foot candles of illumination beyond the perimeter of the subject property. - 3 - . . - This determination shall not become effective for a period of ten days from the date of determination for the tenta- tive tract map and twenty days from the date of determina- tion for the conditional use permit, or if appealed, until a final determination is made on the appeal. 15. Ultra-low flow plumbing fixtures shall be utilized throughout the proj ect, as required by the Director of General Services. 14. VESTING TENTATIVE TRACT MAP CONDITIONS 1. All off site improvements required by the City Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approved by the City Engineer. 2. Before the City Engineer may approve the final map, a sub- division improvement agreement for all off site improve- ments required by the city Engineer shall be prepared and a performance bond posted through the City Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code Section 66452.6 and Sections 9380-9382 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the city of Santa Monica for approval. 4. The developer shall provide the Engineering Department of the City of Santa Monica with one Dizal Cloth print reproduction and microfilm of each sheet of the final map after recordation. 5. Prior to approval of the final map, condominium Associa- tion By-Laws (if applicable) and a Declaration of CC & R's 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 9l22E (SMMC). 6. The developer shall provide for payment of a condominium Tax of $1,000 per saleable residential unit per the provi- sions of Section 6651 et seq. of the Santa Monica Municipal Code. 7. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of Sections 9330 through 9338 (SMMC) and the SUbdivision Map Act. The required Final Map filing fee shall be paid prior to scheduling of the Final Map for City Council approval. - 4 - . . ~ . 8. The final map shall be recorded with the Los Angeles Coun- ty Recorder prior to issuance of any building permit for a condominium proj ect pursuant to Government Code Section 66499.30. 9. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unites) on the subject lot, per and subject to the provisions of section 6670 et seq. of the Santa Monica Municipal Code. INCLUSIONARY UNIT CONDITIONS I2. 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 100% of the (HUD) Los Angeles County median income, expending not over 25% of monthly income on housing costs, as specified by the Housing Division of the Department of community and Economic Development. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the 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. 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 m.ethod 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: Abdo, Finkel, Katz, Reed, Zane Nays: Genser Abstain: Absent: Jennings - 5 - . . .. I here~y certify that this statement of Official Action accurately reflects the final determination of the city Council of the city of Santa Monica. signature date print name and title PC/stcc535 WW 12/21/88 - 6 -