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SR-402-002 (16) .. ~ ~77e= 1!t7Z r OO"Z- C/ED:PVB:DKW:WW Council Meeting: April 11, 1989 Santa Monica, California TO: Mayor and city council FROM: City Staff SUBJECT: certification of statement of Official Action for the Appeal of Conditional Use Permit 88-012 for 1531 12th Street. Applicant: Paul Zahler for PMA Development. Appellant: councilmember David Finkel. INTRODUCTION This report transmits for City Council certification the statement of official Action for the appeal of the above listed Conditional Use Permit that will allow construction of a nine unit condominium project subject to the findings and conditions approved by the Planning Commission on January 4, 1989. BACKGROUND After public hearing and careful review of the record and staff recommendations, the City Council denied the appeal and upheld the Planning Commission approval of the project on March 7, 1989. RECOMMENDATION It is respectfully recommended that the city Council approve the attached statement of Official Action which contains findings and conditions of approval for CUP 88-012. Prepared By: Wanda Williams, Associate Planner D. Kenyon Webster, Principle Planner Paul Berlant, Director of Planning - 1 - ,~e:- - PB: DKW:WW PC/memo8812 Attachment - 2 - ol STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: CUP 88-012 LOCATION: 1531 12th Street APPLICANT: Paul Zahler for PMA Development REQUEST: Appeal of Planning Commission Approval of Condi- tional Use Permit 88-012 To Permit Construction of a Three story, 36'8" High, Nine Unit Con- dominium Constructed Over 20 Subterranean Parking Spaces in the R3 District. Applicant: Paul Zah- ler for PMA Development. Appellant: Councilmem- ber David Finkel. CITY COUNCIL ACTION 2/7/89 Date. Approved based on the following findings and subject to the conditions berow. Denied. x Other. Appeal denied, Planning Commission action upheld based on the following finding and subject to the conditions below. 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 low-scale three story level building will be compatible with surrounding land uses that are characterized primarily by 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 R3 standards outlined in the new zoning code. SPECIAL CONDITIONS 1. The Architectural Review Board, in their 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. - 1 - 2. A Park and Recreation Facilities Tax of $20J.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 resldential unit(s) on t~e subject lot, per and subject to the provisions of section 6670 et seg. of the Santa Monica Municipal Code. 3. All structures shall conform with the requirements of the Building and Safety Division. 4. The project shall have a designated on-site construction manager. 5. The City is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of e~p1oyers in the City. This ordinance may require that the owner of the proposed proj ect pay such new development fees, and that employers within the project pay such new annual em- ployer fees related to the City's Transportation Manage- ment Plan. 6. Drainage of the subj ect property shall be disposed of under the sidewalks in a manner satisfactory to the City Engineer. A drainage plan shall be submitted to the City Engineer and approved prior to the issuance of a building permit. 7. Unless otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 8. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, llcenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 9. The applicant shall comply fully with all conditions re- lated to the demolition or grading of the property and its malntenance prior to the issuance of building permits. 10. Following project grading and during the construction phase, an eight foot high fence shall be maintalned around the perimeter of the parcel. Throughout construction, the parcel shall be kept clear of discarded building materials, trash, overgrown vegetation, and other debris that may collect on the site. 11. A construction period mitigation plan shall be prepared by the applicant for approval by the Departwent of General - 2 - Servlces prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the nanes, addresses, telephone nu~bers and business license numbers of all con- tractors and subcontractors as well as the developer and archi tect. 2) Describe how demol i tion of any existing structures is to be accomplished. 3) Indicate where any cranes are to be located for erection/construction. 4) Describe how TIuch 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 timebacks 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 contruction-related truck routes, number of truck trips, hours of hauling and parking loca- tion. 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. 12. A sign shall be posted on the site indicating the permit- ted hours of construction and the time period during which heavy equipment will be used on the site. Construction shall be permitted in compliance with Ordinance 1406 which specifies the fOllowing construction'hours; 7:00 a.m. to 6:00 p.m. Monday-Friday and 9:00 a.m. to 5:00 p.m. on Saturday. 13. Sldewalks, curbs, gutters, paving and driveways which need replacing or removal shall be reconstructed to the satis- faction of the City Engineer. Approval for this work shall be obtained from the City Engineer prior to issuance of the building permits. 14. An off-site parking maintenance plan shall be approved by the Planing Director that shows the manner in which con- struction employees shall be encouraged to park on the si te in commercial parking structures or in designated street parking zones. Employee parking shall be provided on the site during evening hours and all day Saturday. 15. The trash enclosure shall be relocated inside of the sub- terranean garage unless the Department of General Services requires location outside of the garage. If the trash enclosure is required outside of the garage, the applicant shall provide adequate screening around the enclosure. 16. Prior to submittal of plans for Architectural Review Board approval, the applicant shall submit to the Director of Planning for approval, site plan, floor plan and eieva- tion plan drawings that show the elimination of the ex- terior entrances to the basement units (identified on site plans as Units 6 and 8). - 3 - 17. Prior to submittal of plans for Architectural Review Board approval, the applicant shall submit to the Director of Plannlng for approval, site plan, floor plan and elevation plan drawings that show a maximum of two doorway openings leading to a unit on each floor of the building. STANDARD CONDITIONS 1. This approval is for those plans dated September, 1988, a copy of which shall be maintained in the flIes of the City Planning Division. Project development shall be consis- tent with such plans, except as otherwise specified in these conditions of approval. 2. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 3. 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 Plannlng. 4. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. ' 5. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, pa:::-king or other actions. 6. 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. 7. 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. 8. Ultra-low flow plumbing fixtures are re~~ired on all new development and remodeling where plumbing is to be added. (Maximum 1.5 gallon toilets and 1.0 gallon urinals and low flow shower head.) 9. The Conditional Use Permit shall be of no further force or effect if Tentative Tract Map 46490 expires prior to ap- proval of a Final Map for said tract. - 4 - 10. The Plans shall comply with all other provisions of Chap- ter 11 Article IX of the Municipal Code I (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 11. Within twenty-one days of final project approval, project applicant shall sign a copy of the Statement of Official Action prepared by the Planning Division, agreeipg to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Failure to comply with this condition shall constitute grounds for potential permit revocation. 12. The Tentative Tract Map Findings and Conditions approved by the Planning Commission on January 41 1989 shall remain in effect. This approval of the conditional use permit shall in no manner void or eliminate developer compliance with all of the previously approved conditions. INCLUSIONARY UNIT CONDITIONS 1. The developer shall covenant and agree with the city of Santa Monica to the specific termsl conditions and restrictions upon the possessionl 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 bei~g 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 tenantsl establish criteria for qualifications, and monitor compliance with the provisions of the agreement. ThlS 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 co:'[\pliance with Program 12. An alternative - 5 - , .. method may be, but is not limited to, the payment of a fee In-lieu of providing an Affordable Unlt. VOTE Ayes: Abdo, Finkel, Genser, Jennings, Katz, Reed, Zane Nays: Abstain: Absent: 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 ,1094.6, which provision has been adopted by the city pursuant to Munlcipal Code Section 1400. I hereby certify that this statement of Official Action accurately reflects the final determination of the City Council of the city of Santa Monica. _~~ft~ -s1:gna fure./ ;/ Aprll 12, 1989 date Clarlce E. Johnsen, Clty Clerk print name and title CCjstcup012 ww 03/29/89 - 6 -