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SR-012803-1A CITY OF SANTA MONICA CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: 02APP-019 LOCATION: 2512 28th Street APPLICANT: Sunset Park Villas, LLC APPELLANT: Sunset Park Villas, LLC PROPERTY OWNER: Sunset Park Villas, LLC CASE PLANNER: Elizabeth Bar-El, AICP, Associate Planner REQUEST: Appeal of Planning Commission's technical denial of Design Compatibility Permit 01 DCP-007, Development Review Permit 01DR-007 and Tentative Tract Map 01TM- 005 (Vesting Tentative Tract Map 53464), and adoption of Final Negative Declaration 01-006, to allow the construction of a two-story, ten (10)-unit townhouse style courtyard condominium development. CEQA STATUS: Pursuant to State California Environmental Quality Act (CEQA) Guidelines Section 15063, a Negative Declaration was prepared for this project. The Negative Declaration was adopted by the City Council on November 26, 2002. CITY COUNCIL ACTION November 26. 2002 Date. xx Approved based on the following findings and subject to the conditions below. Denied, Other. EFFECTIVE DATE OF ACTION: November 26. 2002 Development Review 02DR-007, Design Compatibility Permit 02DCP-007, Tentative Tract Map 01TM-005 EXPIRATION DATES OF ANY PERMITS GRANTED: November 26, 2004 Development Review 02DR-007, Design Compatibility Permit 02DCP-007 Tentative Tract Map 01 TM-005 November 26, 2004 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 this permit. One Year Development Review 02DR-007, Design Compatibility Permit 02DCP-007 Three Years With Planninq Commission Approval Tentative Tract Map 01 TM-005 Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. Following a public hearing held on November 26, 2002, the City Council granted the appeal, overturning the Planning Commission's technical denial of Design Compatibility Permit 01 DCP-007, Development Review Permit 01 DR-007 and Tentative Tract Map 01TM-005 (Vesting Tentative Tract Map 53464) based upon the following findings and subject to the following conditions: 2 TENTATIVE PARCEUTRACT 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, as conditioned, conforms to the provisions of the R2 District Development Standards of the Zoning Ordinance and the Low Density Multi-family Residential Section of the Land Use Element of the General Plan. 2, The site is physically suitable for the proposed type of development, in that it is a standard lot with no unusual characteristics or terrain. 3. The site is physically suitable for the proposed density of development, in that a 17,988 square-foot lot in the R2 District can accommodate 12 units and only 10 units are proposed. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that the proposed development is an infill of urban land and does not currently support fish or significant wildlife. 5. The design of the subdivision or the type of improvement will not cause serious public health problems in that the proposal is for a small-scale, urban infill development that will not increase the density on the site and in that the proposed development complies with the provisions of the Zoning Ordinance and the General Plan. 6, 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, in that the only existing easement on the property is located on the rear two feet of the lot in the rear yard setback area in which no improvements are proposed and the project has vehicular and pedestrian access from 28th Street. DESIGN COMPATIBILITY PERMIT FINDINGS 1 The physical location, size, massing and placement of proposed structures on the site and the location of proposed amenities within the project are compatible with and relate harmoniously to surrounding sites and neighborhoods in that the courtyard design minimizes the building massing to soften its impact on the street. Additionally, with the adjustment of the driveway to the side of the property so that the courtyard is at street level and visually accessible, the building presents a pedestrian-friendly fac;ade. Units that face the street and fac;ade articulation to create texture and visual interest also enhance pedestrian orientation. By conforming to the required setbacks and additional stepbacks, the 3 adjacent buildings are given sufficient distance so that the proposed building does not create impacts of shade and shadows. The proposed two-story building continues a line of two-story structures to the south and is compatible with those structures in that it is 23 feet in height, approximately 3 feet lower than the adjacent apartment building. 2. The physical location, size, massing and placement of proposed structures on the site, and parking access and the location of proposed amenities within the project would not be detrimental to the public interest, health, safety, convenience or general welfare in that the proposed structure meets all Zoning Code requirements and absorbs all impacts of parking and circulation on site. Furthermore, sufficient landscaping and permeable surfaces are provided to mitigate the level of urban run-off from the property. 3, The rights-of-way can accommodate autos and pedestrians, including adequate parking and access, in that the 120-foot frontage can accommodate the proposed driveway near the south property line of the development, which is of sufficient width to allow on-site circulation and access to the semi-subterranean parking spaces. Pedestrian access is provided from the street into the courtyard and the parking area includes two pedestrian exits leading to the street and to the rear of the property. The development complies with the minimum number of required parking spaces. The off-street parking, circulation and the parking plan is required to comply with the City's Transportation Management Division policies. 4, The health and safety services (police, fire etc.) and public infrastructure (e.g., utilities) are sufficient to accommodate the new development, in that the proposed development is located within an urbanized area that is already adequately served by existing City infrastructure. No new safety services or public infrastructure will be required by this project. 5 Reasonable mitigation measures have been included for all adverse impacts identified in an Initial Study or Environmental Impact Report, in that an Initial Study was prepared to evaluate potential impacts of the proposed development and found that there were no significant impacts and therefore a negative declaration was prepared. The design of the project and the City's standard construction mitigation measures provide sufficient conditions such that no additional mitigation measures are necessary. 6. The proposed use conforms precisely to the minimum requirements outlined in Section 9.04.16, Subchapter 9.04.16.01.030, in that the proposed project, as conditioned below, and shown on the plans submitted by the applicant, demonstrates compliance with all applicable provisions of the City of Santa Monica Zoning Ordinance. 4 DEVELOPMENT REVIEW PERMIT FINDINGS 1 The physical location, size, massing and placement of proposed structures on the site and the location of proposed uses within the project are compatible with and relate harmoniously to surrounding sites and neighborhoods in that the project is consistent with the height and density standards set forth in the Land Use Element of the General Plan. Additionally, the project conforms with the interim zoning ordinance requirements adopted to increase neighborhood compatibility. The courtyard design as revised with the driveway near the south property line visually connects the courtyard with the street and minimizes the building massing to soften its impact on the street. By conforming to the required setbacks and additional stepbacks, the adjacent buildings are given sufficient distance so that the proposed two-story building does not create impacts of shade and shadows. The proposed building continues a line of two- story structures to the south and is compatible with those structures in that it is 23 feet in height, approximately 3 feet lower than the adjacent apartment building. 2. The rights-of-way can accommodate autos and pedestrians, including adequate parking and access, in that the 120-foot frontage can accommodate the proposed driveway, which is of sufficient width to allow on-site circulation and access to the semi-subterranean parking spaces. Pedestrian access is provided from the street into the courtyard and the parking area includes two pedestrian exits leading to the street and to the rear of the property. The development complies with the minimum number of required parking spaces. 3. The health and safety services (police, fire etc.) and public infrastructure (e.g., utilities) are sufficient to accommodate the new development, in that the proposed development is located within an urbanized area that is already adequately served by existing City infrastructure. No new safety services or public infrastructure will be required by this project. 4 Anyon-site provision of housing or parks and public open space, which are part of the required project mitigation measures required in SMMC Section 9.04.10.12, satisfactorily meet the goals of the mitigation program in that there are no requirements in that Code section that are applicable to this project. 5 The project is generally consistent with the Municipal Code and General Plan in that the project as conditioned conforms to the provisions of the R2 District Development Standards of the Zoning Ordinance and the Low Density Multi- family Residential Section of the Land Use Element of the General Plan. The project is consistent with General Plan Objective 1.1 to provide adequate housing for City residents of all incomes and Policy 1.10.1 to encourage the development of new housing in all existing residential districts, while still protecting the character and scale of neighborhoods. 5 6 Reasonable mitigation measures have been included for all adverse impacts identified in the Initial Study in that the Initial Study evaluated potential areas of impact affected by the proposed development and found that there were no significant impacts. Therefore, a negative declaration was prepared. The design of the project and the City's standard construction mitigation measures provide sufficient conditions such that no additional mitigation measures are necessary. DESIGN COMPATIBILITY PERMIT CONDITIONS The following conditions are recommended as standard requirements for condominium development. Plans 1 Except as amended by Condition #44 below, this approval is for those plans dated September 13, 2002, 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 and Project 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 Parking and Traffic Engineer. 4. 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 Planning. 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 provisions of Condition #44 below, as well as aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 6 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 In addition to other landscaping requirements, the Architectural Review Board, in its review, shall ensure that at least 50% of the unexcavated side yard setback(s) shall be adequately landscaped and shall review and approve the species and placement of two 24" box trees in the front yard setback area. 8, Plans for final design, landscaping, screening, trash enclosures, and signage 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; and landscaping. 10 Construction period signage shall be subject to the approval of the Architectural Review Board. 11 Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 12 Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. 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 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. 13 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 14 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 15. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure shall be maintained and secure 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. 16, 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). 17 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. 18. 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. 19. 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 the Landmarks Commission makes a final determination on the application. Construction 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. 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 Department 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. 8 22, 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. 23. 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. 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 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. Developer shall prepare a notice, subject to the review by the Director of Planning and Community Development, that lists all construction mitigation requirements, permitted hours of construction, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents within a 20Q-foot radius from the subject site at least five (5) days prior to the start of construction. 26, 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. 9 27. 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 28. 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 showerhead.) 29, 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 General Services Department will set specific requirements. Building Permit plans shall show the required installation. Miscellaneous DCP Conditions 30. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 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. 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. 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 compliance with the district's limits on number of stories can be maintained. 10 34 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. No wall shall be permitted along the front of the property. 35. 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 vehicles. The security gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit. 36. 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. 37 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. 38. 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 39. 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 issued until such violation has been fully remedied. 40, 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 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 Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 11 41 This approval shall become effective immediately. The approval of this permit shall expire if the rights granted are not exercised within two years from the permit's effective date. Exercise of rights shall mean issuance of a building permit to commence construction. However, the permit shall also expire if the building permit expires, if final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060. One one-year 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. I 42, 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 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. Special Conditions 43. Pursuant to Ordinance 1589 (CCS), prior to receipt of the final permit necessary to demolish, convert, or otherwise remove a controlled rental unit(s) from the housing market, the owner of the property shall first secure a removal permit under Section 1803(t), an exemption determination, an approval of a vested rights claim from the Rent Control Board, or have withdrawn the controlled rental unit(s) pursuant to the provisions of the Ellis Act. 44, Prior to submittal to Architectural Review Board (ARB), the applicant shall revise the plans to the satisfaction of the Planning Division, relocating the driveway to the side of the property, in compliance with all requirements of the Zoning Ordinance and Transportation Management Division policies. The plans shall also be amended so that the courtyard in the front yard setback area averages a maximum of six inches above average natural grade. Ramps from all units to the front courtyard shall be provided to the extent feasible, as determined by Planning Division staff. Landscaping shall be provided in the front setback portion of the courtyard area with a minimum soil depth of two feet. No fence or gate shall be erected across the courtyard or anywhere in the front setback area. Affordable Housing Obligation 45 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 very low cost affordable unit or two low cost affordable units on-site (SMMC Section 9.56.050), provide the 12 affordable units off-site (SMMC Section 9.56.060), pay an affordable housing fee (SMMC Section 9.56.070), or 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 based on the following formula: Floor Area (as defined bv SMMC Section 9.04.02.030.315) x $11.01. The project's floor area as shown on the plans dated September 13, 2002, is 18,498.24 square feet. The project's affordable housing fee based on this floor area would be $ 203,665.62. 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 PARCEL/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. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Government Code Section 66452.6 and Subchapter 9.20.18 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 9.04.16.01.030(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. 13 1, 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 9.20.14.010 (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. VOTES Adoption of NeQative Declaration 01--006 Ayes: Katz, Genser, McKeown, Bloom, O'Connor, Holbrook, Feinstein Nays: None Abstain: None Absent: None Approval of 01 DCP-001. 01 DR-DOl and 01TM-005. as amended Ayes: Genser, McKeown, Bloom, O'Connor, Feinstein Nays: Katz, Holbrook Abstain: None 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. 14 I hereby certify that this Statement of Official Action accurately reflects the final determination of the City Council of the City of Santa Monica. MARIJ:.tT~i!Y~....}Date.~ .... ~ 7"r ( 1,00) F:\PLAN\SHARE\COUNCIL\STOAS\2002\02APP-019 2512 28th St.doc 15