SR-100802-1E
Santa Monica, California
PCD:SF:JT:AS:KC:f:\plan\share\council\stoas\cup98047Covrev.doc
Council Mtg: October 8, 2002
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of the Statement of Official Action for Approval of Conditional
Use Permit 01-016, Vesting Tentative Parcel Map 52649 and
Environmental Impact Report 99-005 for a 10-Unit Residential
Condominium Project With Twenty-Two Subterranean Parking Spaces at
834-838 16th Street. Applicant: Norman Salter.
INTRODUCTION
This staff report transmits for City Council certification the Statement of Official Action
for Conditional Use Permit 98-047, Vesting Tentative Parcel Map 52649 and
Environmental Impact Report 99-005for a 10-unit residential condominium project with
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twenty-two subterranean parking spaces at 834-838 16 Street.
BACKGROUND
On July 23, 2002 the City Council voted 6-0 with one Council member abstaining to
certify the Environmental Impact Report prepared for the project, adopt a Statement of
Overriding Considerations, and approve the project. On September 10, 2002 the City
Council adopted a Statement of Official Action for this project. The Statement of Official
Action for the prior project denied by the City Council in August 2000 was attached to
the staff report in error rather than the document for the recently approved project.
The City Council’s July 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.
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Kimberly Christensen, AICP, Senior Planner
Planning and Community Development Department
Attachment: Statement of Official Action
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ATTACHMENT A
STATEMENT OF OFFICIAL ACTION
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CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL ACTION
PROJECT
CASE NUMBER: Conditional Use Permit 98-047, Vesting Tentative Tract
Map 52649 and Environmental Impact Report 99-005
LOCATION: 834-838 16th Street
APPLICANT: Norman Salter
CASE PLANNER: Kimberly Christensen, AICP, Senior Planner
REQUEST: Application for a Conditional Use Permit, Vesting
Tentative Tract Map 52649 and Environmental Impact
Report 99-005 to allow the construction of a two-story, 3-
foot’ high 10-unit residential condominium building with
13,995 square feet of floor area. Each of the ten units
contains two bedrooms. The semi-subterranean garage
contains twenty-two parking spaces and will be
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accessible from the rear alley, 15 Court.
CEQA STATUS: An Environmental Impact Report was prepared for the
project in compliance with the California Environmental
Quality Act (CEQA). The Environmental Impact Report
was certified by the City Council on July 23, 2002 and the
City Council adopted a Statement of Overriding
Considerations and Mitigation Monitoring Program on
July 23, 2002.
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CITY COUNCIL COMMISSION ACTION
July 23, 2002____ Date.
______x________ Approved CUP 98-047 and VTTM 52649 based on the findings and
conditions of approval listed below.
_______________ Denied.
_______________ Other.
EFFECTIVE DATES OF ACTION:
July 23, 2002____ Conditional Use Permit 98-047
July 23, 2002____ Vesting Tentative Tract Map 52649
EXPIRATION DATE OF ANY PERMITS GRANTED:
July 23, 2003 Conditional Use Permit 98-047
July 23, 2004 Vesting Tentative Tract Map 52649
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 the Conditional Use Permit and at least 60-days
prior to the expiration of the Tract Map.
One Year Conditional Use Permit 98-047
Three Years Vesting Tentative Tract Map 52649 with Planning Commission
approval
TENTATIVE 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 R2 (Low Density Multiple Family Residential District)
Development Standards of the Zoning Ordinance, and the Low-Density Multi-
Family Residential Section of the Land Use Element of the General Plan. In
addition, although not required, the proposed subdivision complies with Interim
Ordinance No. 2042.
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2. The site is physically suitable for the proposed type of development, in that it is a
standard lot with no unusual characteristics.
3. The site is physically suitable for the proposed density of development, in that a
15,000 square foot lot in the R2 District can accommodate up to 10 units and the
project proposes 10 units.
4. The design of the ten-unit condominium will not cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or their habitat, in that
the project will replace an existing development, in an urbanized area.
5. The design of the ten-unit condominium project 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 ten-unit condominium project 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 Fifteenth Court Alley.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the subject district and
complies with all of the applicable provisions of the "City of Santa Monica
Comprehensive Land Use and Zoning Ordinance", in that the proposed project
application was deemed complete on April 30, 1999 and continues to have
vested rights under the R2 development standards and the Conditional Use
Permit process for condominiums at that time. The project complies with the R2
District Development Standards of the Zoning Ordinance and the Low Density
Housing Multi-family Residential Section of the Land Use Element of the General
Plan.
2. The proposed use would not impair the integrity and character of the district in
which it is to be established or located, in that the ten-unit condominium building
complies with the R2 District Development Standards of the Zoning Ordinance
and the Low Density Housing Multi-family Residential Section of the Land Use
Element of the General Plan which permits up to 29 residential units per acre.
The project use and density is compatible to the adjacent uses within the
neighborhood, which predominately consist of multi-family developments
between three and thirteen units per site.
3. The 15,000 square foot parcel is physically suitable for the type of land use being
proposed in that the property has no unusual characteristics, can accommodate
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up to ten residential units, and has all necessary public improvements and ac-
cess to utilities.
4. The proposed use would be compatible with existing and permissible land uses
within the district and the general area in which the proposed use is to be located
in that it is similar in both density and use to surrounding properties and the
development as conditioned, complies with the Code requirements.
5. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public
health and safety, in that the proposed development is an infill of urban land
adequately served by existing infrastructure.
6. Public access to the proposed use will be adequate, in that the site is adequately
served by existing streets and alleys.
7. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood in that the design, as
conditioned, meets setbacks, lot coverage and height requirements for the R2
District and the North of Wilshire Overlay. The consolidation of the subject lots
for a single development will provide an additional 2.5’ to the side yards than
would be provided if the lots were developed separately, which will reduce the
massing effect upon adjacent properties and provide an opportunity for additional
landscaping. In addition the project’s scale and height will be compatible with the
surrounding neighborhood and is subject to Architectural Review Board approval.
8. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that the area is defined as a low multi-family residential area in
the Land Use Element of the General Plan.
9. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the project is an appropriate and
compatible use in the R2 District and complies with the provisions of the Zoning
Ordinance and the General Plan. In addition, the proposed density is consistent
with the adjacent residential developments that range from three to thirteen units
per site.
10. The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12 and special conditions outlined in Subchapter
9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance, in that the condominium development does not contain any of the
special features described in the aforementioned Subchapters and, therefore, the
Performance Standards and Special Conditions relating to those features do not
apply to the development.
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11. The proposed use will not result in an over-concentration of such uses in the
immediate vicinity, in that the area is defined as a low multi-family residential
district, and the project complies with the unit per acre density limitations set in
the Land Use Element of the General Plan.
CONDITIONAL USE PERMIT CONDITIONS
Plans
1. This approval is for those plans dated 6/4/01, 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 Management Division.
4. Minor amendments to the plans shall be subject to approval by the Director of
Planning and Community Development. 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 and Community
Development.
Architectural Review Board
5. 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.
6. 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.
7. Prior to submittal of landscape plans for Architectural Review Board approval, the
applicant shall meet on-site with their architect and landscape architect, and all of
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the neighbors who reside at 828 and 844 16 Street to review and obtain
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consensus with the neighbors regarding the placement and selection of tree and
plant material on the sides of the property. The plan must provide for adequate
screening for privacy, proper maintenance, and consider non-allergy inducing
plant materials. The Architectural Review Board, in its review, will ensure that
these issues have been adequately addressed in their review.
8. Plans for final design, landscaping, screening, and trash enclosures 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
elements, exterior colors, textures and materials, window treatment, glazing,
height of mechanical enclosures, and landscaping. The Architectural Review
Board shall also pay particular attention to the exterior lighting to ensure that it
shields glare away from the immediately adjacent properties to the north and
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south of the subject property (828 and 844 16 Street).
10. The planter walls proposed within the front yard shall be no higher than 42”’
above average natural grade. Walls along the side property lines shall be limited
to 5 feet in height based upon the grade on the portion of the walls facing the
properties adjacent to the subject property. The applicant shall remove part of
the existing property line wall on the south side of the subject property and
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replace it with landscaping to the satisfaction of the neighbors at 844 16 Street.
The finished floor of any terrace or patio may not exceed 3’ above grade in the
required front yard. Terraces or patios at the first floor level shall maintain a 7-
foot setback from both side property lines with the entire 7-foot setback area
landscaped. In addition, the Architectural Review Board shall pay particular
attention to the scale, height, and massing of the walls in relation to the one and
two-story apartment buildings located to the south.
11. Construction period signage shall be subject to the approval of the Architectural
Review Board.
12. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of
the Zoning Ordinance including use of water-conserving landscaping materials,
landscape maintenance and other standards contained in that Part.
13. Refuse areas, storage areas and mechanical equipment shall screened in
accordance with SMMC Section 9.04.10.02.130-9.04.10.02.151. 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
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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 (unless located
within a mechanical room).
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.
Fees
15. 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
16. The existing site shall be maintained and secured by erecting a security fence,
and removing all debris, bushes and planting that inhibits 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 occurs. The lot shall be kept clear of all trash, weeds,
etc.
17. 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).
18. 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.
19. 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.
20. 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
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a final determination is made by the Landmarks Commission on the application.
The existing site shall be maintained and secured by erecting a security fence,
and removing all debris, 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 occurs. The lot shall be kept clear of all trash, weeds,
etc.
Construction
21. 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.
22. 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 De-
partment 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.
23. 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.
24. 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 Community and Cultural Services Department and the Department of
Environmental and Public Works Management. No street tree shall be removed
without the approval of the Community and Cultural Services Department.
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25. The mature tree located on the adjacent property to the south at 844 16 Street
shall be preserved pursuant to the City of Santa Monica Tree Protection Zone
Measures and subject to the approval of the Open Space Management Division
of the Community and Cultural Services Department.
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
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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; 16) Provide a plan for protection of the property line
wall located along the northern property line. 17) Flagman shall be required in
the alley during construction and the alley shall be open and accessible.
27. The property owner shall insure any graffiti on the site is promptly removed
through compliance with the City's graffiti removal program.
28. 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.
29. 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.
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 Environmental and Public Works
Management Department will set specific requirements. Building Permit plans
shall show the required installation.
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32. The exterior building lighting shall be designed to shed light pools only on the
project site and provide “cutoff” shields, as necessary to prevent an increase in
lighting upon adjacent residential uses.
33. Landscaping illumination and exterior sign lighting shall be accomplished with
low-level, unobtrusive fixtures. Such lighting shall be shielded to direct light
pools away from off-site viewers.
34. The applicant shall prepare and implement a Construction Impact Mitigation Plan
to include the plan for traffic management during construction. This plan shall be
subject to review and approval by the City and, at a minimum, shall include the
following: a) a City information program to advise motorist of impending
construction activities b) approval from the Department of Environmental and
Public Works Management Division and all other affected agencies for any
construction detours or construction work requiring encroachment into public
right-of-way, or any street use activity; c) timely notification of construction
schedules to all affected City agencies; d) coordination of construction work with
affected City agencies 5 to 10 days prior to start of work; e) a traffic control plan
for the streets surrounding the work area, which includes specific information
regarding the project’s construction and activities that will disrupt normal traffic
flow; f) prohibition of dirt and demolition material hauling and construction
material delivery during the morning and afternoon peak traffic periods and
cleaning of streets and equipment as necessary; g) scheduling and expediting of
work to cause the least amount of disruption and interference to the adjacent
vehicular and pedestrian traffic flow. It is recommended that all weekday daytime
work on the City street be performed between the hours of 9:00 am and 3:00 pm;
h) limiting the amount of queuing of trucks to on-site and prohibition of truck
queuing on area roadways; l) scheduling of pre-construction meetings with
affected City agencies to properly plan methods of controlling traffic through work
areas; j) storage of construction material and equipment within the designated
work area and limitation of equipment and material visibility to the public; k)
provisions to provide off-street parking to construction employees, including use
of a remote location with shuttle transport to the site, if determined necessary by
City agencies.
35. Water trucks or sprinkler systems are to be used during clearing, grading, earth
moving, excavation, or transportation of cut or infill materials, and construction to
prevent dust from leaving the site and to prevent dirt/dust buildup. Provisions
shall be made prior to and during watering of the site to prevent water runoff.
36. The streets and sidewalks within 150 feet of the site perimeter shall be swept
during construction. Additional sweeping shall be performed as determined by
City inspections.
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37. Soil stockpiled for more than 2 days shall be covered, kept moist, or treated with
soil binders to prevent dust generation.
38. All diesel equipment shall be operated with closed engine doors and shall be
equipped with factory-recommended mufflers and whenever feasible, electrical
power shall be used to run air compressors and similar power tools.
39. For all noise generating construction activity on the project site, additional noise
attenuation techniques shall be employed, as needed and feasible; to reduce
noise levels to City of Santa Monica noise standards. Such techniques may
include, but are not limited to the use of sound blankets on noise generating
equipment and the construction of temporary sound barriers, including walls or
other sound attenuating features, between construction sites and nearby
sensitive receptors. All construction activities, which generate noise levels above
those allowed by the City Noise Ordinance, shall be limited between the hours of
10 a.m. and 3 p.m.
Miscellaneous CUP Conditions
40. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
41. 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 and Community
Development to determine the significance of the survey findings and appropriate
actions and requirements, if any, to address such findings.
42. 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 Management.
43. 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.
44. 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
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vehicles. The security gate shall receive approval of the Police and Fire
Departments prior to issuance of a building permit.
45. 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
used when the mechanical equipment is installed within a sound-rated parapet
enclosure.
46. 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.
47. 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
48. In the event permitted 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.
49. 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 City 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 City
Planning Division. Failure to comply with this condition shall constitute grounds
for potential permit revocation.
50. Exercise of rights shall mean issuance of a building permit to commence
construction. However, the permit shall also expire if the building permit expires
pursuant to the requirements of Santa Monica Municipal Code section 8.08.060.
One 12-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.
51. 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
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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
promptly when a building permit is issued for the project or upon expiration of the
Conditional Use Permit.
Affordable Housing Obligation
52. Pursuant to Santa Monica Municipal Code (SMMC) Chapter 9.56, the project is
subject to the City's Affordable Housing Production Program which requires a
ten-unit development to provide either one (10%) very low cost affordable units
or two (20%) low cost affordable units 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 bases on the following formula:
Floor Area (as defined by SMMC Section 9.04.02.030.315) x $11.01. The
project’s floor area as shown on the plans dated 6/4/01 is 13,995 square
feet. The project’s affordable housing fee based on this floor area would be
$154,084.95 ($11.01 x 13,995 sq. ft.). 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 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 engineer and approved by the City Engineer.
2. 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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3. The tentative map shall expire 24 months after approval, except as provided in the
provisions of California Government Code Section 66452.6 and Sections
9.04.16.030(e) 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.
4. 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.
5. 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 9.04.16.030(e)(SMMC).
6. 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.
7. 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.
8. 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.
9. 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.
10. A copy of the recorded map shall be provided to the City Planning Division before
issuance of a Building permit.
11. 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.
VOTE
Ayes: Bloom, Feinstein, Genser, Holbrook, Katz, O’ Connor
Nays: None
Abstain: McKeown
Absent: None
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.
S/____________________________ _October 14, 2002________________________
MARIA M. STEWART, City Clerk Date
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