SR-01-24-1989-6K
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JAN 2 4 1989
Santa Monica, California
C/ED:PVB:DKW:WW
council Meeting: January 24, 1989
TO: Mayor and City Council
FROM: City staff
SUBJECT: Certification of statement of Official Action for the
Appeal of Tentative Tract Map 46393, Conditional Use
Permit 535 for 928 19th street. Applicant: Behzad
Kianmahd. Appellant: Councilmember Herb Katz.
INTRODUCTION
This report transmits for City council certification the
statement of Official Action for the appeal of the above listed
Tentative Tract Map and Conditional Use Permit to permit the
construction of a condominium development subject to the zoning
code standards that were in effect at the time the proposal
application was filed.
BACKGROUND
After public hearing and careful review of the record and staff
recommendations, the city Council upheld the appeal and approved
the proposed condominium development on December 13, 1988.
RECOMHENDATION
It is respectfully recommended that the city council approve the
attached Statement of Official Action which contains findings
and conditions of approval for TTM 46393 and CUP 535.
Prepared By: Wanda Williams, Associate Planner
D. Kenyon Webster, Principle Planner
Paul Berlant, Director of Planning
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JAN 2 4 1989
PB:DKN:HW
PC/memo535
Attachment
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: TTM 46393, CUP 535
LOCATION: 928 19th street
APPLICANT: Behzad Kianmahd
REQUEST: Appeal of Planning Commission Condition of Ap-
proval for Conditional Use Permit 535 and vesting
Tentative Tract Map 46363 that Requires the Revi-
sion of a Proposal Filed Prior to Adoption of the
Amended Zoning Ordinance to Comply with the New
Zoning Ordinance Development Standards. Appli-
cant: Behzad Kianmahd. Appellant: Councilmem-
ber Herb Katz.
CITY COUNCIL ACTION
12/13/B8
Date.
Approved based on the following findings and
subject to the conditions below.
Denied.
x Other. Appeal Upheld to Modify planning Commis-
sion Approval of Project to Allow the Project
Developer to Develop Condominiums Subject to
zoning Code Standards In Effect At The Time The
Application Was Filed.
CONDITIONAL USE PERMIT FINDING
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 two stories plus
mezzanine level building will be compatible with surround-
ing land uses that are characterized primarily by newer
two story apartment development and in that the site can
adequately accommodate the necessary parking and comply
with the lot coverage provisions, setback requirements and
other R2 standards outlined in the new zoning code.
VESTING TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its prov~s~on for
building redesign and improvements, will be consistent
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wi th appl icable general plans as adopted by the City of
Santa Monica.
2. The site is physically suitable for the proposed type of
development in that the proj ect is an in-fill of urban
land adequately served by existing infrastructure and
having no significant physical site characteristics pre-
cluding the proposed development. The site is physically
suitable for the proposed density of development.
3. 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.
4. The design of the subdivision or the type of improvement
will not cause serious public health problems.
5. 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.
6. The design of the subdivision does not preclude future
passive or natural heating or cooling opportunities.
SPECIAL CONDITIONAL USE PERMIT CONDITIONS
1. That this approval shall not be effective until the date
of adoption of the ordinance which perm.i ts residential
projects with vesting maps to be reviewed under the provi-
sions of the prior zoning ordinance.
2. 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 unites) on the subject lot,
per and subject to the provisions of Section 6670 et seq.
of the Santa Monica Municipal Code.
STANDARD CONDITIONAL USE PERMIT CONDITIONS
1. Plans for final design, landscaping, screening, trash en-
closures and signage shall be subject to review and ap-
proval by the Architectural Review Board.
2. 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 substantial conformance
with the plans submitted or as modified by the Planning
Commission, Architectural Review Board or Director of
Planning.
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3. The Conditional Use Permit shall be of no further force or
effect if Tentative Tract Map 46393 expires prior to ap-
proval of a final map for said tract.
4. The rights granted herein shall be effective only when
exercised within a period of one year from the effective
date of approval. No extension of the permit may be
granted.
5. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
6. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
7. Refuse areas, storage areas and mechanical equipment shall
be screened in accordance with Sec. 9127J.2-4 (SMMC).
Refuse areas shall be of a size adequate to meet on-site
need.
8. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
9. Project design shall comply with the building energy reg-
ulations set forth in the California Administrative Code,
Title 24, Part 2, (Energy Conservation standards for New
Residential Buildings), such conformance to be verified by
the Building and Safety Division prior to issuance of a
Building Permit.
10. Natural light shall be provided in at least one bathroom
in each dwelling unit.
11. street trees shall be maintained, relocated or provided as
required in a manner consistent with the Cityls 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.
12. 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.
13. Any outdoor lighting shall be shielded and/or directed
away from adjacent residential properties, with any such
lighting not to exceed 0.5 foot candles of illumination
beyond the perimeter of the subject property.
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14. This determination shall not become effective for a period
of ten days from the date of determination for the tenta-
tive tract map and twenty days from the date of determina-
tion for the conditional use permit, or if appealed, until
a final determination is made on the appeal.
15. Ultra-low flow plumbing fixtures shall be utilized
throughout the proj ect, as required by the Director of
General Services.
VESTING 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.
2. 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 ci ty Attorney's
office.
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
final map shall be presented to the city of Santa Monica
for approval.
4. 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 & Rls
shall be reviewed and approved by the City Attorney. The
CC & R I 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 seq. of the Santa Monica
Municipal Code.
7. The form, contents, accompanying data, and filing of the
final subdivision map shall conform to the provisions of
sections 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.
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8. The final map shall be recorded with the Los Angeles Coun-
ty Recorder prior to issuance of any building permit for a
condominium proj ect pursuant to Government Code Section
66499.30.
9. 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 unites) on the subject lot,
per and subject to the provisions of section 6670 et seq.
of the Santa Monica Municipal Code.
INCLUSIONARY UNIT CONDITIONS
I2. 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 (1) 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 (HUD)
Los Angeles County median income, expending not over 25%
of monthly income on housing costs, as specified by the
Housing Division of the Department of Community and
Economic Development.
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, Finkel, Katz, Reed, Zane
Nays: Genser
Abstain:
Absent: Jennings
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I hereby certify that this statement of Official Action
accurate1y reflects the final determination of the city council
of the City of Santa Monica.
,~
-signature
January 31, 1989
date
Clarlce E. Johnsen, City Clerk
print name and title
PC/stcc535
WW
12/21/88
Appeal consldered December 13, 1988. Statement of OfflCla1 Actlon
approved January 24, 1989.
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