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 -