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F:\CityPlanning\Share\COU NCIL \STOAS\2005\05APP008.doc
Council Mtg: September 13, 2005
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of the Statement of Official Action for Appeal 05-008 of the
Planning Commission's Technical Denial of Vesting Tentative Parcel Map
No. 061408 for an airspace subdivision at 851 19th Street for the purpose
of constructing four new residential condominium units. Applicant: The
Aroff Company / Appellant: Patrick Aroff.
INTRODUCTION
This staff report transmits for City Council certification the Statement of Official Action
for Appeal 05-008 of the Planning Commission's technical denial of an airspace
subdivision at 851 19th Street for the purpose of constructing four new residential
condominium units.
On July 26, 2005, the City Council upheld the appeal, overturning the Planning
Commission's denial, by a vote of 6-0. The City Council's decision was based upon the
findings contained in the attached Statement of Official Action.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council approve the attached Statement of OffICial
Action.
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Prepared by: Andy Angle, Interim Director
Amanda Schachter, Planning Manager
Paul Foley, Principal Planner
Ava M. Pecherzewski, Associate Planner
Planning and Community Development Department
Attachment: Statement of Official Action
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CITY OF SANTA MONICA
CITY COUNCIL
City of
Santa l"'onlca~
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER: 05APP-008
LOCATION: 851 19th Street
APPLICANT: The Aroff Company
APPELLANT: Patrick Aroff
PROPERTY
OWNER: Villa Christina, LLC
CASE PLANNER: Ava M. Pecherzewski, Associate Planner
REQUEST: Appeal (05APP-008) of the Planning Commission's
Technical Denial of Vesting Tentative Parcel Map No.
061408 for an airspace subdivision at 851 19th Street for
the purpose of constructing four new residential
condominium units.
CEQA STATUS: The project is exempt from the California Environmental
Quality Act (CEQA) pursuant to Class 3, Section 15303
(b) of the State CEQA Guidelines. Projects located in an
urbanized environment designed for not more than six
dwelling units are, consistent with the Guidelines, exempt
from environmental review. Moreover, the project,
including the property and any existing improvements
have been reviewed, and for the purposes of CEQA,
determined not to be a significant historic resource.
Notwithstanding this CEQA determination, because the
existing structures proposed for demolition are over 40
years old and are listed as a 503 (potential contributor to
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a potential historic district) on the City's Historic
Resources Inventory, a permit to demolish the existing
improvements could not be issued until the Landmarks
Commission reviewed the demolition permit application
and all requirements of SMMC Section 9.04.10.16.010 (d)
are met. The Landmarks Commission reviewed a
Landmark Nomination of this property in 2003 and denied
it at their October 23, 2003 meeting. Moreover, the
Commission reviewed a demolition permit application at
their March 14, 2005 meeting and did not take action to
prevent the buildings' demolition.
CITY COUNCIL ACTION
July 26. 2005
Date.
x
Approved based on the following findings and subject to the
conditions below.
Denied.
Other.
EFFECTIVE DATE OF ACTION: July 26,2005
EXPIRATION DATE OF ANY PERMIT GRANTED: July 26, 2007
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.
3 years - with PlanninQ Commission approval
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.
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FINDINGS
1. The proposed map is consistent with applicable general and specific plans as
specified in Government Code Section 65451. Specifically, while the subject
property is not located in an area governed by a specific plan as specified in
Government Code Section 65451, compliance with the City's General Plan is
required. For the purpose of subdividing the subject parcel, there are two
pertinent policies that must be evaluated with the map; those policies relate to
building height and unit density. As noted and shown on the subject map, the
project complies with applicable policies, including unit density and height
standards for the low density housing land use designation.
. 2. The design or improvement of the proposed subdivision is consistent with
applicable general and specific plans. Specifically, while the subject property is
not located in an area governed by a specific plan, compliance with the City's
General Plan is required. As noted and shown on the subject map, the proposed
improvements will not exceed land use designation limits to building setbacks
and unit density.
3. The site is physically suitable for the type of development. Specifically, the
subject parcel is a standard-sized parcel located within an urbanized area
adequately served by existing roadways and infrastructure. The property is
physically able to accommodate the proposed development.
4. The site is physically suitable for the proposed density of development.
Specifically, the subject parcel is a standard-sized parcel located within an
urbanized area adequately served by existing roadways and infrastructure.
Moreover the type of development and unit density is consistent with policies set
forth in the City's General Plan and other improvements in the general vicinity.
5. The design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat, in that the proposed subdivision is located in an
urbanized area that does not contain habitats or would otherwise injure fish and
wildlife.
6. The design of the subdivision or the type of improvement is not likely to cause
serious public health problems. The proposed subdivision is for a property
located in an urbanized area and is consistent with other similar improvements in
the area. The subdivision of the parcel does not have the potential disrupt the
urban environment or otherwise cause serious public health problems.
7. 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 design of the improvements will
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accommodate a 4' easement for overhead power lines and incidental purposes
(use, maintenance and servicing of power lines) at the rear of the property.
8. The proposed subdivision is consistent with any ordinance or law of the City of
Santa Monica. Specifically, the project has demonstrated compliance with
applicable unit density and height limitations set forth in the underlying land use
designation. Moreover, as conditioned, the project must comply with all
applicable provisions of the Zoning Ordinance, which will be comprehensively
evaluated during the City's plan check review process, prior to issuance of a
building permit.
CONDITIONS OF APPROVAL
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 such provisions as are required
by Section 9.04.16.01.030(e)(SMMC).
6. The developer shall provide for the payment of a Condominium Tax of $1,000
per saleable residential unit pursuant to Chapter 6.76 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 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.
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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 fequired 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. Prior to approval of the Final Map, the requirements of Santa Monica Municipal
Code Section 9.04.10.16.010 (d) shall have been met.
12. The proposed condominium project shall comply with all applicable provisions of
Chaptef 1, Article IX of the Municipal Code and all other pertinent ordinances and
General Plan policies of the City of Santa Monica.
13. Pursuant to SMMC Section 4.24.030, prior to receipt of the final permit necessary
to demolish, convert, or otherwise remove a controlled rental unit(s) from the
housing market, the ownef 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, Of have withdrawn the controlled rental
unites) pursuant to the provisions of the Ellis Act.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Bloom, Genser, Holbrook, Katz, O'Connor, Shriver
McKeown
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
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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.
I hereby certify that this Statement of Official Action accurately reflects the final
determination o~ the City Council of the City of Santa Monica.
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MARIA M. STEWART, "ty Clerk Date . \
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