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SR-402-010 (13) . . fiE ~:{-= l'" "'~.,f~ ..... ---,!~- , .. L/c"Z -- c/o C/ED:PB:DKW:LM council Mtg: October 10, 1989 Santa Monica, California L; D2-- 01 (., TO: Mayor and city Council FROM: City staff SUBJECT: certification of statement of Official Action for Appeal of Planning Commission Approval of DR 468, CUP 524, ZA 5382-Y, CUP 528, ZA 5382A-Y, TTM 46411 and EIA 878 for a 4-story/50', 47,990 Square Foot Office Building with a Two Level 178 Car Subterranean Garage, and a Two-Story/30', 7 unit Condominium with'a 14 Car Subterranean Garage to be Located at 2919-2923 Wilshire Boulevard. INTRODUCTION J ~ This report recommends that the city Council certify the attached statement of Official Action for the above referenced appeal. BACKGROUND After a public hearing, and careful review of the record and staff recommendation, the City Council denied an appeal of the Planning Commission's approval of a proposal to construct a 4-story/50' , 47,990 square foot office building and two-story/3D', 1 unit condominium subject to the modified findings and conditions contained in the Statement of Official Action. RECOMMENDATION It is respectfully recommended that the Council certify the attached statement of Official Action. (g-8 C-lr ~- {'. "'8.,r~ . . . , Prepared by: Larry Miner, Associate Planner D. Kenyon Webster, Principal Planner Paul Berlant, Director of Planning Planning Division Community and Economic Development Department Attachment: City Council statement of Official Action LM HP/DR468CCa 09/18/89 . . , STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: DR 468, CUP 524, ZA 5382A-Y, CUP 528, ZA 5382A-Y, TTM 46411 and EIA 878 LOCATION: 2919-2923 wilshire Boulevard APPLICANT: Jovet, Inc. REQUEST: Appeal of Planning Commission approval of a pro- posal to construct a four story/50', 47,990 square foot office building with a two level 178 car subterranean garage on a parcel of 22,100 square feet, and a two story /30 " 7 unit con- dominium with a 14 car subterranean garage on an adj acent parcel of lO , 200 square feet. Appl i- cant: Jovet, Inc. Appellant: Conrad Melilli for Mid-City Neighbors. CITY COUNCIL ACTION 9/12/89 Date. Approved based on the following findings and subject to the conditions below. Denied. X Other. Appeal denied. Planning Commission ap- proval upheld with modifications of conditions. DEVELOPMENT REVIEW FINDINGS 1. The development is consistent with the findings and pur- pose of Ordinance 1321 as set forth below. 2. The physical location and placement of the proposed struc- ture on the site is compatible with and relates harmo- niously to surrounding sites and neighborhoods in that the structure exceeds the required setback along the northern property line. In addition, the building steps down to and relates to the adjacent residential district. ; , 3. The existing and/or proposed rights-of-way and facilities for both pedestrian and automobile traffic will be ade- quate to accommodate the anticipated results of the pro- posed development including off-street parking facilities and access thereto in that the the location of access to the subterranean parking is taken off of wilshire - 1 - . . . I Boulevard so as to m~n~m~ze traffic impacts to the adja- cent residential district to the north. In addition, the 178 parking spaces proposed exceed the 160 required park- ing spaces. 4. The existing and/or proposed public and/or private health and safety facilities (including, but not limited to, sanitation, sewers, storm drains, fire protection devices, protective services, and pUblic utilities) will be ade- quate to accommodate the anticipated results of the pro- posed development. 5. The proposed development is consistent with the General Plan of the City of Santa Monica and the Zoning Ordinance in that the project will conform to the height, bulk, use and urban design policies for the santa Monica General Commercial Land Use District as specified in the Land Use Element of the General Plan and with the variance for com- pact parking, will conform to the appropriate C4 standards contained in the Zoning Ordinance. COMPACT PARKING SPACE VARIANCE FINDINGS 1. The strict application of the provisions of the Zoning Ordinance would result in practical difficulties or un- necessary hardships inconsistent with the general purpose and intent of the Zoning ordinance (Article IX, SMMC) in that ci ty policy recommends the use of compact parking stalls to meet the actual market trend of a mix of stan- dard and compact cars. 2. The granting of a variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood in which the property is located in that an adequate number of parking spaces and mix of standard and compact stalls will be provided on site. 3. The granting of a variance is desirable to the public con- venience or welfare and not in conflict with the General Plan, and will not be materially detrimental or injurious to the property or improvements in the immediate neighbor- hood in ~ha~ city policy has determined tha~ 40% compact parking spaces represents an appropriate number of compact spaces to meet actual user demand. 4. There are exceptional circumstances and conditions ap- plicable to the property involved that do not apply gene- rally to other property in the same zone or neighborhood in that compact parking spaces have been historically per- mitted by the City until recently and denial of a variance for compact spaces would result in practical difficulties and unnecessary hardships inconsistent with the general purpose and intent of this chapter. - 2 - . . CONDITIONAL USE PERMIT FINDINGS (For Encroachment of Commercial Use Into Residential district) 1. The proposed use and location of subterranean parking in the R2A Zoning District is in accordance with good zoning practice, in that the proposed use is in accordance with existing and potential uses within the adj acent C4 Dis- trict, traffic or parking congestion will not result, the public health safety and general welfare are protected and no harm to adjacent properties will result. 2. Parking structures are a permitted use in the C4 Zoning District, and the R2A zoned portion of the site directly abuts the C4 zoned portion of the site. 3. The commercial use extends approximately 60' into the ad- jacent residential district. This is below the maximum 500' encroachment permitted with the granting of a Condi- tional Use Permit. CONDITIONS Plans 1. This approval is for those plans dated April 21, 1989, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consis- tent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan pOlicies of the City of Santa Monica. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 3. , , 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. 5. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 6. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials; window treatment; glazing; and landscaping. - 3 - . . . .. . Fees 7. The City is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the City. This ordinance may require that the owner of the proposed proj ect pay such new development fees I and that employers within the project pay such new annual em- ployer fees related to the city's Transportation Manage- ment Plan. , , Demolition 8. Until such time as the demolition is undertaken, the ex- isting structure shall be maintained and secured by board- ing up all openings, erecting a security fence, and remov- ing 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 main- tained until demolition occurs. 9. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS) . 10. 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. Construction 11. Unless otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 12. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. 13. 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. , , - 4 - t . . street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 15. A construction period mitigation plan shall be prepared by the applicant for approval by the Director of Planning and the Department of General Services prior to issuance of a building permit. As applicable, this plan shall 1) Speci- fy the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2} Describe how de- molition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erec- tion/ construction; 4} Describe how much of the publ ic 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 na- ture and extent of any dewatering and its effect on any adjacent buildings; 8} Describe anticipated contruction- related truck routes, number of truck trips, hours of hauling and parking 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 minim.ize use of public streets for parking; 15) List a designated on-site construction manager; 14. 16. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 17. 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.) 18. Prior to issuance of a certificate of Occupancy, project owner shall present documentation to the General Services Department certifying that existing Santa Monica occupancies with toilets installed prior to 1978 have been retrofitted with ultra low-flow toilets (1.6 gallons per flush or less) such that development of the new project will not result in a net increase in wastewater flows. - 5 - . . Flow from existing occupancies which will be removed as part of the new development may be deducted from flow attributable to the new development if such occupancies have been occupied within one year prior to issuance of a Building Permit for the proposed project. Flow calculations for new development and existing occupancies shall be consistent with guidelines developed by the General Services Department. 19. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of General Services for its approval. The recycling plan shall include 1) list of materials such as white paper, computer paper, metal cans, and glass to be recycled~ 2) location of recycling bins~ 3) designated reCYCling coordinator; 4) nature and extent of internal and external pick-up service~ 5) pick-up schedule~ 6) plan to inform tenants/occupants of service. Miscellaneous Conditions 20. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 21. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. Validity of Permits 22. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 23. 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 Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. The signed state- ment shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 24. 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. - 6 - . . Special Conditions 25. The project shall comply with South Coast Air Quality Man- agement District (SCAQMD) Regulation xv. 26. Upon review and approval by the City council, and so long as the improvements do not conflict with any neighborhood protection plan or city wide traffic plan subsequently adopted by the City, the developer shall participate in the cost of creating a third through travel lane on Wil- shire Boulevard on the approaches to Berkeley Street. 27. Upon review and approval by the city Council, and so long as the improvements do not conflict with any neighborhood protection plan or city wide traffic plan subsequently adopted by the City, the developer shall participate in the cost of creating exclusive left, through and right- turn lanes on the northbound approach of Berkeley street to Wilshire Boulevard. 28. Upon review and approval by the city Council, and so long as the improvements do not conflict with any neighborhood protection plan or city wide traffic plan subsequently adopted by the City, the developer shall participate in the cost of widening wilshire Boulevard to three through lanes in the eastbound direction at the intersection of Yale street, and providing exclusive left-turn lanes on Yale street. 29. Upon review and approval by the City Council, and so long as the improvements do not conflict with any neighborhood protection plan or city wide traffic plan subsequently adopted by the City, the developer shall participate in the cost of creating three through lanes in the eastbound direction of Santa Monica Boulevard at Yale street, and exclusive westbound right-turn lanes and an exclusive left-turn lane in both directions on Yale street , , 30. If requested by the Department of General services, the developer shall participate in the cost of creating four through lanes in both directions of wilshire Boulevard at 26th street. In addition, three through lanes in the northbound and southbound direction, and a right-turn lane lane in the northbound direction will be necessary. 29. The project developer shall comply with the provisions of any neighborhood protection plan relating to traffic intrusion that is adopted subsequent to project approval. 30. Additional tall, dense vegetation shall be provided between the proposed residential condominium and office building. 31. Construction activities shall take place only during the time limits specified by City Ordinance. Construction - 7 - 32. 33. 34. 35. 36. 37. 38. 39. 40. i , . . workers shall be prohibited from driving to the work site except through a shuttle system from a remote location where off-street parking is provided. Barriers shall be provided between the construction site and sidewalks. Alternate routes shall be designated for pedestrians and vehicles. Any lane closures shall occur on Stanford street rather than Wilshire Boulevard. Construction equipment shall be properly tuned, muffled, and placed as far as possible from sensitive receptors. Regular water- ing shall take place to reduce fugitive dust. Exterior building materials shall be light in color, and no mirrored, reflected or darkly tinted glass shall be used. Clear glass shall be used at the ground floor street frontages. Lawns and landscape areas shall be watered no more fre- quently than once every three days, and shall not be watered between the hours of 10:00 a.m. and 4:00 p.m. There shall be no hose washing of walkways, paved drive- ways or parking areas. SCAQMD Rule 403 will be adhered to, ensuring the clean up of construction of related dirt on approach routes to the site. There shall be no medical uses or bank branches permitted within the office building. The Architectural Review Board shall have the authority to require additional stepbacks at the fourth floor along the southern elevation. Said stepbacks may be up to 10' from the front setback. (This is seven feet more than what was required by the Planning Commission.) The ARB shall carefully review the design of the shed roof proposed over the glass atrium, and the am.ount of ar- ticulation of the building and atrium along the Wilshire Boulevard street frontage. Trees, the size amount of which shall be reviewed and ap- proved by the ARB, shall be planted along the building'S western elevation. Free parking shall be provided for visitors, but not for employees. Signage indicating that free visitor parking is available shall be provided in a clearly visible loca- tion, the size, location, and color of which shall be re- viewed and approved by the ARB. ~ROJECT MITIGATION FEE CONDITION 1. In accordance with sections 9046.1 - 9046.4 of the Santa Monica Municipal Code, prior to issuance of a building permit the developer shall execute an irrevocable letter - 8 - . . of credit or other form of security acceptable to the city for the payment of an in-lieu fee for housing and parks equal to $2.25/sq.ft. for the first 15,000 sq. ft. of net rentable office floor area and $S.OO/sq.ft. for the remaining net rentable office floor area. This fee shall be adjusted for inflation by the percentage change in the Consumer Price Index ("CPI") between October 1984 through the month in which the payment is made. Upon mutual agreement of the developer and the City, the developer may satisfy the Project Mitigation measures by providing low and moderate income housing or developing new park space on or off the project site. To fulfill this obligation an agreement shall be secured in writing by the developer and approved by the city Attorney and City staff prior to is- suance of a building permit. This fee, prior to adjust- ment, will be $198,750, based on a net rentable office floor area of 47,990 square feet. CONDITIONAL USE PERMIT FINDINGS FOR CONDOMINIUM 1. The proposed use and location are in accordance with good zoning practice, in the public interest and necessary that substantial justice be done in that the proposed con- dominium meets all applicable zoning requirements pertain- ing to development in the R2 district. 2. The proposed use is compatible with existing and potential uses within the general area, traffic or parking conges- tion will not result, the public health, safety and general welfare are protected and no harm. to adj acent properties will result. The proposed condominium meets all parking and Traffic requirements pertaining to number of parking spaces, stall and driveway dimensions, and ramp slope. 3. The proposed use and location are in accordance with good zoning practice, is compatible with existing and potential uses within the general area, traffic or parking conges- tion will not result, the public health, safety and general welfare are protected and no harm to adj acent properties will result. , , VARIANCE FINDINGS FOR UNEXCAVATED SIDE YARD 1. The strict application of the provisions of the Zoning ordinance would result in practical difficulties or un- necessary hardships inconsistent with the general purpose and intent of the Zoning Ordinance (Article IX, SMMC). The applicant has attempted to provide a side yard suitable for landscaping. The inability to provide a to- tally unexcavated side yard will not preclude adequate landscaping from being provided. 2. The granting of a variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood in - 9 - . . which the property is located. A unexcavated side yard of approximately S' in depth will be provided along the en- tire depth of the northern property line. This should accommodate adequate landscaping. 3. The granting of a variance is essential or desirable to the public convenience or welfare and not in conflict with the General Plan, and will not be materially detrimental or inj urious to the property or improvements in the im- mediate neighborhood. 4. There are exceptional circumstances and conditions ap- plicable to the property involved that do not apply generally to other property in the same zone or neighbor- hood in that the proposed development of the adjacent property with a commercial building and subterranean garage that will encroach into the adjacent residential district will create an inability to provide the required unexcavated side yard. TENTATIVE PARCEL/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. , , 2. The site is physically suitable for the proposed type of development. 3. The site is physically suitable for the proposed density of development. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or sub- stantially and avoidably injure fish or wildlife or their habitat. 5. The design of the subdivision or the type of improvement will not cause serious public health problems. 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. SPECIAL CONDITION 1. The CC & R'S for the condominium development shall reflect the fact that the building is built over a commercial sub- terranean garage. - 10 - . . CONDITIONS Plans 1. This approval is for those plans dated April 21, 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. 2. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject 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. , , 5. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 6. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments: exterior colors, textures and materials; window treatment; glazing: and landscaping. Fees 7. The city is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establ iShing mi tiqation requirements, incl udinq 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 proj ect pay such new development fees I and that employers within the project pay such new annual em~ ployer fees related, to the city I s Transportation Manage- ment Plan. 8. 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 permi t for the construction or placement of the residential unites) on the subject lot, - 11 - . . per and sUbject to the provisions of Section 6670 et seq. of the Santa Monica Municipal Code. construction 9 . Unless otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 10. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. 11. 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. 12. street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 13. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors 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 side- walk is proposed to be used in conjunction with construc- tion; 5) Set forth the extent and nature of any pile- driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewater- ing 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 normal- ly permitted hours is proposedr 11) Describe any proposed construction noise mitigation measures; 12) Describe con- struction-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; , , - 12 - . . . , 14. A sign shall be posted on the property in a manner consis- tent 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 indicating the hours of permissible construc- tion work. 15. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 16. 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 17. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 18. 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 Oirector of Planning to determine the sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 19. 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. 20. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9040.13-9040.15. 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. , , 21. 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. 22. No gas or electric meters shall be located within the re- quired front yard setback area. The Architectural Review - 13 - . . Board in its review shall pay particular attention to the location and screening of such meters. 23. 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 districtts limits on number of stories can be maintained. Validity of Permits 24. 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. 25. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 26. 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 Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant 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. 27. 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. 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 en- gineer and approved by the city Engineer. Before the City Engineer may approve the final map, a sub- division improvement agreement for all off site improve- ments required by the City Engineer shall be prepared and a performance bond posted through the City Attorney's office. 2. ~ , 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code section 66452.6 and sections 9380-9382 of the Santa Monica Municipal Code. During this time period the - 14 - , . 4. , , . . final map shall be presented to the city of Santa Monica for approval. The developer shall provide the Engineering Department of the city of Santa Monica with one Dizal cloth print reproduction and microfilm of each sheet of the final map after recordation. 5. Prior to approval of the final map, Condominium Associa- tion By-Laws (if applicable) and a Declaration of CC & RIs shall be reviewed and approved by the City Attorney. The CC & R' s shall contain a non-discrimination clause as presented in section 9392 (SMMC) and in the case of con- dominiums, contain such provisions as are required by Sec- tion 9122E (SMMC). 6. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provi- sions of Section 6651 et seg. of the Santa Monica Municipal Code. 7a. 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 scheduling of the Final Map for City Council approval. 7b. The form, contents, accompanying data, and filing of the final parcel map shall conform to the provisions of Sec- tions 9350 through 9357 (SMMC) and the Subdivision Map Act. 8. The final map shall be recorded with the Los Angeles Coun- ty Recorder prior to issuance of any building permit for a condominium project pursuant to Government Code Section 66499.30. 1. INCLUSIONARY UNIT CONDITIONS f The developer shall covenant and agree with the City of Santa Monica to the specific terms, conditions and restrictions upon the possession, use and enjoyment of the subject property, which terms, conditions and restrictions shall be recorded with the Los Angeles county Recorder's Office as a part of the deed of the property to ensure that one affordable unit is provided and maintained over time and through subsequent sales of the property. An affordable unit shall be defined as being affordable to households with incomes not exceeding 100% of the (RUD) Los Angeles county median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. - 15 - . . , "' , , This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the unites) available to eligible tenants and 2) responsibili- ties of the City of Santa Monica to prepare application forms for potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. This provision is intended to satisfy the inclusionary housing requirements of Program 12 of the Housing Element of the General Plan of the city of Santa Monica ("Program 12") . Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with any ordinance or resolution adopted by the City within two years from the effective date of this approval, which is intended to provide an alternative method for compliance with Program 12. An alternative method may be, but is not limited to, the payment of a fee in-lieu of providing an Affordable Unit. VOTE Ayes: Abdo, Genser, Reed, Zane Nays: Abstain: Absent: Jennings, Katz, Finkel NOTICE If this is a final decision not sUbject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure section 1094.6, which provision has been adopted by the city pursuant to Municipal Code Section 1400. , , - 16 - ~ . . ~,. . ~ 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 , , print name and title I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title PC/CCDR468 LM: nh 09/18/89 , , - 17 -