SR-402-002 (16)
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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
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PB: DKW:WW
PC/memo8812
Attachment
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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.
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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
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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).
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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.
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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
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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.
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Aprll 12, 1989
date
Clarlce E. Johnsen, Clty Clerk
print name and title
CCjstcup012
ww
03/29/89
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