SR-402-002 (6)
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MAY 8 1990
C/ED:PB:DKW:KF
PC/ccstoa79
Council Mtg: May 8, 1990
Santa Monica, California
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TO: Mayor and City Council
FROM: City staff
SUBJECT: certification of Statement of Official Action for
Appeal of conditional Use Permit 89-079 to Permit the
Construction of Four Condominium Units with Access From
the Front of the site at 839 & 837 Fifteenth street
INTRODUCTION
This report recommends that the City Council certify the attached
statement of Official action for the above referenced appeal.
BACKGROUND
After a pUblic hearing I and careful review of the record and
staff recommendation, the City Council denied the appeal and
upheld the Planning Commission's approval of Conditional Use
Permit 89-079.
RECOMMENDATION
It is respectfully recommended that the Council certify the
attached Statement of Official Action.
Prepared by: Kathryn Foster, Assistant Planner
Paul Berlant, Director of Planning
Planning Division
Community and Economic Development Department
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MI\'t 8 1990
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 89-079
LOCATION: 837 and 839 Fifteenth
APPLICANT: William and Maria Blase
REQUEST: To construct a four unit condominium with access from
the front of the site.
CITY COUNCIL ACTION
4/1Q/90
Date.
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Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
TENTATIVE PARCEL/TRACT MAP FINDINGS
1. The proposed subdivision, together with its prov~s~on for its
design and improvements, is consistent with applicable general
and specific plans as adopted by the city of Santa Monica.
2. The site is physically suitable for the proposed type of
development in that the site is zoned for multifamily residen-
tial use.
3. The site is physically suitable for the proposed density of
development in that the density allowed by the zoning of the
site is up to five units.
4. The design of the subdivision or the proposed improvements
will not cause substantial environmental damage or substan-
tially and avoidably injure fish or wildlife or their habitat
in that the site is located in a fully urbanized area which
has been developed residentially.
5. The design of the subdivision or the type of improvement will
not cause serious public health problems in that the site is
zoned for multifamily residential use and the existing in-
frastructure is adequate to provide service to the proposed
project.
6. The design of the subdivision or the type of improvements will
not conflict with easements, acquired by the public at large,
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for access through, or use of, property within the proposed
subdivision.
CONDITIONAL USE PERMIT FINDINGS
7. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable pro-
visions of the "City of Santa Monica Comprehensive Land Use
and Zoning Ordinance II , in that it satisfies the zoning re-
quirements with the added conditions. Access from the front
of the site instead of an alley is consistent with Zoning Or-
dinance Section 9044.8(2) (a) in that the existing topography
of an almost eleven foot increase in the grade from the front
to the back of the lot prevents reasonable alley access.
8. The proposed use would not impair the integrity and character
of the district in which it is to be established or located,
in that it would be located in multifamily residential
district.
9. The subject parcel is physically suitable for the type of land
use being proposed, in that the proposed project is a level
lot that can be developed with five residential units.
10. The proposed use is compatible with any of the land uses pres-
ently on the subject parcel if the present land uses are to
remain, in that this does not apply since the existing duplex
will be demolished.
11. The proposed use would be compatible with existing and permis-
sible land uses within the district and the general area in
which the proposed use is to be located, in that the zoning
allows mUltifamily development on that site.
12. 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 infrastructure is in place and has provided adequate ser-
vices to the existing structure.
13. Public access to the proposed use will be adequate, in that
the subject site is adequately served by an existing public
street and alley.
14. The physical location or placement of the use on the site is
compatible with and relates harmoniously to the surrounding
neighborhood, in that the setbacks provide buffers from the
adjacent residential structures.
15. The proposed use is consistent with the goals, objectives, and
policies of the General Plan, in that this is a low density
multiple family project.
16. The proposed use would not be detrimental to the public inter-
est, health, safety, convenience, or general welfare, in that
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residential use is allowed for the site and will provide
needed housing.
17. The proposed use conforms precisely to the applicable perfor-
mance standards contained in Subchapter 6, Section 9050 and
special conditions outlined in Subchapter 7, section 9055 of
the City of Santa Monica Comprehens i ve Land Use and Zoning
Ordinance, in that it complies with the development standards
and other requirements in the Zoning Ordinance.
18. The proposed use will not result in an overconcentration of
such uses in the immediate vicinity, in that it complies with
the Zoning Ordinance for multifamily residential use, which is
the site's intended use.
SPECIAL CONDITIONS
1. Access to the subterranean garage shall be from the front of
the site.
2. The den shall not constitute a third floor and shall be a
loft which is open and unenclosed to the room below.
3. No Certificate of Occupancy shall be issued if the tree in the
public right of way located in front of the site is damaged
unless the applicant pays $10,000 to the City to repair the
tree.
CONDITIONAL USE PERMIT CONDITIONS
Plans
4. This approval is for those plans dated September 20, 1989 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.
5. The Plans shall comply with all other provisions of Chapter I,
ArtiCle IX of the Municipal Code, (Zoning Ordinance) and all
other pertinent ordinances and General Plan policies of the
city of Santa Monica.
6. Final parking lot layout and specifications shall be subject
to the review and approval of the Parking and Traffic
Engineer.
7. Minor amendments to the plans shall be subject to approval by
the Director of Planning. A significant change in the ap-
proved 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 Re-
view Board or Director of Planning.
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8. Plans for final design, landscaping, screening, trash enclo-
sures, and signage shall be subject to review and approval by
the Architectural Review Board.
9. The Architectural Review Board, in its review, shall pay par-
ticular attention to the project's pedestrian orientation and
amenities; scale and articulation of design elements: exterior
colors, textures and materials; window treatment: glazing; and
landscaping.
Fees
10. 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 develop-
ment. 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 employers in the city. This ordinance may
require that the owner of the proposed project pay such new
development fees, and that employers within the project pay
such new annual employer fees related to the city's Transpor-
tation Management Plan.
11. A Park and Recreation Facilities Tax of $200.00 per residen-
tial 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 6670 et seq. of the Santa Monica
Municipal Code.
Demolition
12. 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, 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.
13. Unless otherwise approved by the Recreation and Parks Depart-
ment 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).
14. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum per-
mitted by the Zoning ordinance, shall be maintained around the
perimeter of the lot. The lot shall be kept clear of all
trash, weeds, etc.
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15. Prior to issuance of a demolition permit, applicant shall
prepare for Building Division approval a rodent and pest con-
trol plan to ensure that demolition and construction activi-
ties at the site do not create pest control impacts on the
project neighborhood.
16. Prior to issuance of a certificate of occupancy for this proj-
ect, the project shall comply with any ordinance adopted by
the City Council to implement Program 10 of the Housing Ele-
ment. In the event that such an ordinance has not been adop-
ted prior to the issuance of a certificate of occupancy for
this development project, this condition shall be of no fur-
ther force and effect. Failure to adopt and implementing or-
dinance shall not excuse a developer from the obligation to
comply with any other condi tion imposed in connection with
Program 10 of the Housing Element.
Construction
17. Unless otherwise approved by the Department of General Ser-
vices, all sidewalks shall be kept clear and passable during
the grading and construction phase of the project.
18. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as determined
by the Department of General Services shall be reconstructed
to the satisfaction of the Department of General Services.
Approval for this work shall be obtained from the Department
of General Services prior to issuance of the building permits.
19. 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.
20. Street trees shall be maintained, relocated or provided as
required in a manner consistent with the City I S Tree Code
(Ord. 1242 CCS), per the specifications of the Department of
Recreation and Parks and the Department of General Services.
No street tree shall be removed without the approval of the
Department of Recreation and Parks.
21. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General Ser-
vices prior to issuance of a building permit. As applicable,
this plan shall 1) Specify the names, addresses, telephone
nUl'IIhers and business license ntlmbers 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 con-
junction with construction; 5) Set forth the extent and na-
ture of any pile-driving operations; 6) Describe the length
and number of any tiebacks which must extend under the proper-
ty of other persons; 7) specify the nature and extent of any
dewatering and its effect on any adjacent buildings; 8)
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Describe anticipated contruction-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 per-
mitted hours is proposed; 11) Describe any proposed construc-
tion noise mitigation measures; 12) Describe construction-
period security measures including any fencing, lighting, and
security personnel; 13) Provide a drainage plan; 14) Pro-
vide a construction-period parking plan which shall minimize
use of public streets for parking; 15) List a designated on-
site construction manager.
22. 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.
23. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during construc-
tion at the project site. The pages shall be laminated or
otherwise protected to ensure durability of the copy.
Environmental Mitigation
24. 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.)
Miscellaneous Conditions
25. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32 square
feet) .
26. 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.
27. Landscaping plans shall comply with Subchapter 5B
(Landscaping standards) of the zoning ordinance inclUding use
of water-conserving landscaping materials, landscape main-
tenance and other standards contained in the Subchapter.
28. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC Section 9040.13-9040.15. Re-
fuse areas shall be of a size adequate to meet on-site need,
including recycling. The Architectural Review Board in its
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review shall pay particular attention to the screening of such
areas and equipment.
29. 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.
30. No gas or electric meters shall be located within the required
front yard setback area. The Architectural Review Board in
its review shall pay particular attention to the location and
screening of such meters.
31. Any lofts or mezzanines shall not exceed 99 square feet
unless appropriate required parking is supplied. Such areas
shall also not exceed 33.3% of the room below unless com-
pliance with the district's limits on number of stories can be
maintained.
Validity of Permits
32. The conditional use permit shall be of no further force or
effect if the Tentative Map expires prior to approval of a
Final Map for said tract.
33. 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 is-
sued until such violation has been fully remedied.
34. Within ten days of 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 ap-
proval and acknowledging that failure to comply with such con-
ditions 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.
35. This determination shall not become effective for a period of
fourteen days from the date of determination, or, if appealed,
until a final determination is made on the appeal. Any appeal
must be made in the form required by the zoning Administrator.
TENTATIVE PARCEL/TRACT MAP CONDITIONS
36. All off site improvements required by the City Engineer shall
be installed. Plans and specifications for off site improve-
ments shall be prepared by a registered civil engineer and
approved by the City Engineer.
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37. Before the City Engineer may approve the final map, a subdivi-
sion improvement agreement for all off site improvements re-
quired by the City Engineer shall be prepared and a perfor-
mance bond posted through the City Attorney's office.
38. The tentative map shall expire 24 months after approval, ex-
cept as provided in the provisions of California Government
Code section 66452.6 and Sections 9380-9382 of the Santa Moni-
ca Municipal Code. During this time period the final map
shall be presented to the City of Santa Monica for approval.
39. The developer shall provide the Engineering Department of the
city of Santa Monica with one nizal Cloth print reproduction
and microfilm of each sheet of the final map after
recordation.
40. 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 Sec-
tion 9392 (SMMC) and in the case of condominiums, contain such
provisions as are required by Section 9122E (SMMC).
41. The developer shall provide for payment of a Condominium Tax
of $1,000 per saleable residential unit per the provisions of
section 6651 et seq. of the Santa Monica Municipal Code.
42. 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 schedul-
ing of the Final Map for City Council approval.
43. The form, contents, accompanying data, and filing of the final
parcel map shall conform to the provisions of Sections 9350
through 9357 (SMMC) and the Subdivision Map Act.
44. The. final map shall be recorded with the Los Angeles County
Recorder prior to issuance of any building permit for a con-
dominium project pursuant to Government Code Section 66499.30.
45. Pursuant to section 9366 (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: Abdo, Finkel, Genser, Katz, Reed, Zane
Nays:
Abstain:
Absent: Jennings
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NOTICE
If this is a final decision not subject to further appeal under the
City of Santa Monica comprehensive Land Use and Zoning Ordinance, 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 Municipal 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.
signature
date
Please Print Name and Title
I hereby agree to the above conditions of approval and acknowledqe
that failure to comply with such conditions shall constitute qrounds
for potential revocation of the permit approval.
Applicant's Signature
Print Name and Title
PCjxccsoa79
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DISTRICT FINANCIAL FACTS
1. The D~strict's General Fund revenue budget for 1989-90 is
$42.4 mlllion or $4,666 per pupll.
2. wi th the exception of so'me State and Federally sponsored
grants, all revenue to support educat~on, with the exception
of the Parcel Tax and rnonles fro::n lease/sales of surplus
properties, are detenuned by either the State or Federal
governments.
3. The Federal government prov1des 2.8 percent of the
operating revenue for the District.
4. The State Lottery provldes approxim~tely $172 per pupil per
year for a total estimated amount of $1,468,354 for 1989-90.
This amounts to 3.5 percent of total General Fund revenue.
5. From the Local Parcel Tax (the only locally determined tax
to support District operations) the District will receive an
estimated $1,656,538. This amounts to 4 percent of total
General Fund revenue.
6. The District General Fund expenditure budget for 1989-90 is
$45 million or $4,944 per pupil.
7. Eighty-fi ve (85) percent of the expenditure budget is for
employee salaries and benefits.
8. Four (4) percent of the expenditure budget is used to
purchase books and supplies.
9. Eight (8) percent of the expenditure budget is to purchase
services such as utilities, property and casualty insurance,
legal services and other contracted services which cannot be
provided by District employees.
104 Two (2) percent of the expenditure budget is for capital
outlay such as equipment and furniture purchases and speclal
facility projects.
11. The state approved Deferred Maintenance Plan recognizes the
need to perform $3,000,000 of deferred maintenance in 1990-
91. Approxi~ately $350#000 will be available to meet these
needs.
12. The District has identified the potential of $75,000,000 of
" facility reconstruction/modern~zation needs. The State has
tentatively agreed to loan the District approxi:oately $11
million to perform this work.
5/7/90
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DISTRICT FINANCIAL FACTS
1. The Dlstrict's General Fund revenue budget for 1989-90 is
$42.4 mlllion or $4,666 per pupll.
2. Wi th the exception of sone State and Federally sponsored
grants, all revenue to support educatlon, wlth the exception
of the Parcel Tax and monies fro::n lease/sales of surplus
properties, are deternined by either the state or Federal
governments.
3. The Federal government provides 2.8 percent of the
operating revenue for the District.
4. The State Lottery provides approximately $172 per pupil per
year for a total estimated amount of $1,468,354 for 1989-90.
This amounts to 3.5 percent of total General Fund revenue.
5. From the Local Parcel Tax (the only locally determined tax
to support Distr~ct operations) the District will rece1ve an
estimated $1/656,538. This amounts to 4 percent of total
General Fund revenue.
6. The District General Fund expenditure budget for 1989-90 lS
$45 million or $4,944 per pupil.
7. Eighty-fi ve (85) percent of the expenditure budget is for
employee salaries and benefits.
8. Four (4) percent of the expenditure budget is used to
purchase books and supplies.
9. Eight (8) percent of the expenditure bUdget is to purchase
services such as utilities, property and casualty insurance,
legal services and other contracted services which cannot be
provided by District employees.
10. Two (2) percent of the expenditure budget is for capital
outlay such as equipment and furniture purchases and special
facility projects.
11. The state approved Deferred Maintenance Plan recognizes the
need to perforo $3,000,000 of deferred maintenance in 1990-
91. Approximately $350,000 will be available to meet these
needs.
12. The District has identified the potential of $75,000,000 of
.. facility reconstruction/modernization needs. The state has
tentatively agreed to loan the District approximately $11
million to perform this work.
5/7/90
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DISTRICT FINANCIAL FACTS
1. The Dlstrict' s General Fund revenue budget for 1989-90 is
$42.4 million or $4,666 per pupll.
2. wi th the exception of some state and Federally sponsored
grants, all revenue to support educatlon, wlth the except~on
of the Parcel Tax and monles fro::!! lease/sales of surplus
properties, are determined by either the State or Federal
governments.
3. The Federal government providEs 2.8 percent of the
operating revenue for the District.
4. The State Lottery provides approxim~tely $172 per pupil per
year for a total estlmated amount of $1,468,354 for 1989-90.
This amounts to 3.5 percent of total General Fund revenue.
5. From the Local Parcel Tax (the only locally determlned tax
to support District operations) the District will recelve an
estimated $1,656,538. This amounts to 4 percent of total
General Fund revenue.
6. The District General Fund expendlture budget for 1989-90 is
$45 million or $4/944 per pupil.
7. Eighty-fi ve (85) percent of the expenditure budget is for
employee salaries and benefits.
8. Four (4) percent of the expenditure budget is used to
purchase books and supplies.
9. Eight (8) percent of the expenditure budget is to purchase
services such as utllities, property and casualty 1nsurance,
legal services and other contracted services which cannot be
provided by Oistr1ct employees.
10. Two (2) percent of the expenditure budget is for capital
outlay such as equipnent and furn1ture purchases and speclal
facility projects.
11. The State approved Deferred Malntenance Plan recognizes the
need to perforn $3,000,000 of deferred ma1ntenance in 1990-
91. Approxlrnately $350/000 will be avallable to neet these
needs.
12. The District has identified the potential of $75,000,000 of
" facility reconstruction/rnodernlzatlon needs. The state has
tentatively agreed to loan the District approximately $11
million to perforn this work.
5/7/90
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