SR-102808-1F~~~
~;tYof City Council Report
Santa Monica
City Council Meeting: October 28, 2008
Agenda Item: l -~
To: .Mayor and CityCouhcil
From: Eileen P. Fogarty, Director of Planning and Community Development
Subject: Statement of Official Action Denying Appeal of the Planning Commission's
Approval of a Tentative Map for construction of a condominium
development at 858 Third Street.
Recommended Action
Staff recommends that the City Council approve the attached Statement of Official
Action denying Appeal 08-012 and upholding the decision of the Planning Commission
to approve Tentative Map 06-040 to approve a 12-unit airspace subdivision at 858 Third
Street, subject to the certain findings and conditions.
Executive Summary and Discussion
This staff report transmits for City Council certification of the Statement of Official Action
for Appeal 08-012. After holding a public hearing on September 23, 2008, the City
Council denied Appeal 08-012 and upheld the Planning Commission's approval of the
proposed project. The City Council's decision was based upon the findings and
conditions contained in the attached Statement of Official Action.
Financial Impacts & Budget Actions
The recommendation presented in this report does not have any budget or fiscal impact.
Prepared by: Grace Cho, Associate Planner
Attachment: A. Statement of Official Action
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ATTACHMENT A
STATEMENT OF OFFICIAL ACTION
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City of Santa Monica
City Planning Division
CITY COUNCIL
STATEIIIIENT OF OFFICIAL ACTION
City of
Santa Monica'"
PROJECT INFORMATION
CASE NUMBER:
LOCATION:
APPLICANT:
PROPERTY OWNER:
CASE PLANNER:
Appeal 08-012
858 Third Street
Federal Avenue Partners, LLC
Federal Avenue Partners, LLC
Grace Cho, Associate Planner
REQUEST: The appellant is appealing the Planning
Commission's approval of Vesting Tentative Tract
Map 06TM-040 fora 12-unit condominium project
at 858 Third Street
CEQA STATUS: The project is exempt from the California
Environmental Quality Act (CEQA) pursuant to
Class 32, .Section 15332 (b) of the State CEQA
Guidelines.
CITY COUNCIL ACTION
September 23, Determination Date
2008
Approved based on the following findings and subject to
the conditions below.
x Appeal denied; Project approved based on the-following
findin sand sub~ect to the conditions below:
Other:
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EFFECTIVE DATES OF ACTIONS Se tember 23, 2008
EXPIRATION DATE OF ANY PERMITS September 23, 2010
GRANTED:
LENGTH OF ANY POSSIBLE Maximum three (3) years for
EXTENSION OF EXPIRATION DATES: Tentative Map with Planning
Commission approval
Any request for. an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit.
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 redord. 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.
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 subject 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 height 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.
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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 ari urbanized area and is consistent with other similar improvements in
the area. As noted and shown on the map, the project complies with height and
unit density limitations set forth in the General Plan. The subdivision of the parcel
does not have the potential to 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 there are no public easements located
within the proposed subdivision.
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.
9. 858 Third Street and 860 Third Street are presently developed with one common
structure.
CONDITIONS OF APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
Administrative
1. 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.
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2. Within ten days of City Planning Division transmittal of the Statement of Official
Action, project applicant shall sign and return a copy of the Statement of Official
Action prepared by the City Pianning Division, agreeing to the conditions of
approval and acknowledging that failure to comply with such conditions shall
constitute grounds for potential revocation of the permit approval. The signed
Statement shall be returned to the City Planning Division. Failure to comply with
this condition shall constitute grounds for potential permit revocation.
3. An appeal of the approval conditions of approval, or denial of a subdivision map
must be filed with the City Clerk within ten consecutive days following the date of
Planning Commission determination in the manner provided in Part 9.20.14,
Section 9.20.14.070. Any appeal must be made in the form required by the
Zoning Administrator.
4. Pursuant to SMMC Section g.04.10.02.450(d), if the Building Official determines
that another building permit has been issued less than fifteen months prior to the
date on which the building permit for this project has received all plan check
approvals and none of the relevant exceptions specified in 9.04.10.02.450(c) and
(e) apply, the Building Official shall place the project on a waiting list in order of
the date and time of day that the permit application received all .plan check
approvals, and the term of this approval and other City approvals or permits
necessary to commence the project shall be automatically extended by the
amount of time that a project remains on the waiting list. However, the permit
shall also expire if the building permit expires, if final inspection is not completed
or a Certificate of Occupancy is not issued within the time periods specified in
SMMC Section 8.08.060. One 1-year extension may be permitted if approved by
the Director of Planning. Applicant is on notice that time extensions shall not be
granted if development standards or the development process applicable to the
project: have changed since project approval. Extension requests to a subdivision
map must be approved by the Planning Commission.
5. In the event permittee violates or fails to comply with any conditions of approval
of this permit, no further permits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully remedied.
6. Applicant is advised that projects in the California Coastal Zone may need
approval of the California Coastal Commission prior to issuance of any building
permits by the City of Santa Monica. Applicant is responsible for obtaining any
such permits.
Conformance with Approved Plans
7. Project plans for the condominium development shall be subject to a complete
Code Compliance review when the condominium plans are submitted for plan
check and shall comply with all applicable City of Santa Monica ordinances,
regulations, and policies prior to building permit issuance, including, but not
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limited to, the requirements established or authorized by Articles VII, VIII, and IX
of the Municipal Code.
Affordable Housing Obligation
9. Pursuant to Santa Monica Municipal Code (SMMC) Chapter 9.56, the project is
subject to the City's Affordable Housing Production Program which requires the
proposed 10-unit condominium development to provide twenty (20) percent of
the units affordable to moderate income households on-site or 2 units. As such,
the applicant will provide 2two-bedroom moderate income unit(s) on-site (SMMC
Section 9.56.050(a). Prioritization of potential occupants of the on-site affordable
housing unit(s). shall be in accordance with the Affordable Housing Production
Program Ordinance Guidelines.
Density Bonus lncentives(Concessions
10. Pursuant.#o Ordinance No. 2252 {CCS), the applicant is proposing 2 density
bonus units and has requested incentives/concessions from development
standards for the proposed. project -which include: 10% side yard setback
deviation and 15% front yard deviation. The requested incentives/concessions
will be considered and acted upon by the Director of Planning and Community
Development or his/her designee in accordance with subsection (0)(3) of Section
2 of the Ordinance.
11. Prior to the issuance of a building permit, a deed restriction limiting future use,
occupancy, sales price and/or rental rates of the project must be drafted,
executed by the. property owner, City and recorded by the County Recorder.
Restrictions on affordable sales price, rental rates and qualified income
occupants shall be effective for 55~years from Certificate of Occupancy: The
.applicant needs to submit a Deed Restriction application, including a complete
and accurate legal description of the property; the full name(s) of the property
owner(s); the full name(s) and the of the person(s) authorized to execute deed
documents on behalf of the property owner to the City Planning Division early
during the plan check process to avoid delay. A title report or copy of the current
deed contains this information.
-Fees
12. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due
and payable at the time of issuance of a building permit for the construction or
placement of the residential unit(s) on the subject lot, per and subject to the
provisions of Section 6:80.010 et seq. of the Santa Monica Municipal Code.
13. .Prior to issuance of a condominium license, the developer shall provide for the
payment of a Condominium Tax of $1,000 per planned salable unit pursuant to
Chapter 6.76 of the Santa Monica Municipal Code.
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Cultural Resources
14. No demolition of buildings or structure. built 40 years of age or older shall be
permitted until the end of a 60-day review period by the Landmarks Commission
to determine whether an application for landmark designation shall be filed. If an
application for landmark designation is filed, no demolition shall be approved until
a final determination is made by the Landmarks Commission on the application.
Rent Control
15. 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 owner of the property shall first secure a removal permit
under Section 1803(t), an exemption determination, an approval of a vested
rights claim from the Rent Control Board,"or have withdrawn the controlled rental
unit(s) ..pursuant to the provisions of the Ellis Act. In reviewing any Ellis Act
withdrawal application for the property, the Rent Control Board should take into
account the City Council's determination that 858 Third Street .and 860 Third
Street are presently developed with one common structure.
CC&Rs
16. Prior to issuance of building permits, 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 SMMC Section 9.20.20.020 and such provisions as are required by
SMMC Section 9.04.16.01.030(e).
Special Conditions
17. The Architectural Review Board shall pay particular attention to the provision of
significant ground level open space with the integration of landscaping. and
greenery, use of property line walls, pedestrian orientation and connection to the
street frontage. Additionally, the Architectural Review Board shall concentrate on
the building design so as to fully integrate the on-site affordable units and
compatibility to the adjacent project site.
Standard Conditions
18. Final parking lot layout and specifications shall be subject to the review and
approval of the Transportation Management Division.
19. Plans for final design, landscaping, screening, trash enclosures, and signage
shall be subject to review and approval by the Architectural Review Board.
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20. Landscaping plans shall comply with Subchapter. 9.04.10.04 (Landscaping
Standards) of the Zoning Ordinance including use of water-consetvmg
landscaping materials; landscape maintenance and other standards contained irr
the Subchapter.
21. Refuse areas, storage area and mechanical equipment shall be screened in
accordance with Santa Monica Municipal Code Section 9.04.10,02.130, 140, and
150. Refuse areas shall be of a size adequate to meet on-site need, including
recycling. Any rooftop mechanical equipment shall be minimized in height-and
area, and shall be located in such a way as to minimize noise and visual impacts
to surrounding properties. Unless otherwise approved by the Architectural
Review Board, rooftop mechanical equipment shall. be located at least five feet
from the edge of the roof.. Except for solar hot water heaters, no residential water
heaters shall be located on the roof.
22. Prior to .issuance of a building permit, a copy of the recorded map shall be
provided to the City Planning Division.
23. Prior to the issuance of a building permit, the applicant shall demonstrate
compliance with Subchapter 9.04.16 Condominiums, and the provisions of
SMMC Section 9.04.08.06 Multiple Family Residential District.
24. Until such time as the demolition is undertaken, and unless the structure is
currently in use, the existing structure shall be maintained and secured by
boarding up all openings, erecting a security fence, and removing all debris,
bushes and planting that inhibit the easy surveillance of the property to the.
satisfaction of -the Building and .Safety Officer and the Fire Department Any
landscaping material remaining shall be watered and maintained until demolition
occurs.
25. Prior to issuance of a demolition permit;. applicant shall prepare for Building
Division approval a rodent and pest control plan to insure that demolition and
construction activities at the site do not create control. impacts on the project
neighborhood.
26. 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.
ENVIRONMENTAL PUBLIC WORKS MANAGEMENT (EPWM)
Drainage
27. Notwithstanding any Subdivision Map notations to the contrary, in order to
mitigate storm .water and surface runoff from the project site, an Urban Runoff
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Mitigation Plan may be required by the Department of Environmental and Public
Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Prior to
submittal of landscape plans for Architectural Review Board approval, the
applicant shall contact EPWM to determine applicable requirements, which
include the following:
• Non-stormwater runoff, sediment and .construction waste from the
construction site and parking areas is prohibited from leaving the site;
• An sediments or materials which are tracked off-site must be removed the
same day they are tracked off-site;
• Excavated soil must be located on the site and soil piles should be
covered and otherwise protected so that sediments do not go into the
street or adjoining properties; ;
• Washing of construction or other vehicles shall be allowed adjacent to a
construction site. No runoff from washing vehicles on a construction site
shall be allowed to leave the site;
• Drainage controls may be required depending on the extent of grading
and topography of the site; and
• New development is required to reduce. projected runoff pollution by at
least twenty percent through incorporation of design elements or
principles, such as increasing permeable surfaces, diverting or catching
runoff via swales, berms, and the like; orientation of drain gutters towards
permeable areas; modification of grades; use of retention structures and
other methods.
Environmental Mitigation
28. Ultra-low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon
urinals and low flow shower heads.
29. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy.,
project owner shall submit a recycling plan to the Department of Environmental
and Public Works Management for its approval. The recycling plan shall include:
• List of materials such as white paper, computer paper, metal cans, and
glass to be recycled;
• Location of recycling bins;
• Designated recycling coordinator;
• .Nature and extent of internal and external pick-up service;
• Pick-up schedule; and
• Plan to inform tenants/occupants of service.
Streets
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30. Unless otherwise approved by the Department of Environmental and. Public
Works Managemeht, all sidewalks shall be -dept. Blear and passable during the
grading and construction phase of the project.
31. Streets andlor 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 fo the
Department of Environmental and Public Works.
Off-site
32. 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.
33. A subdivision improvement agreement for all off site improvements required by
the City Engineer shall be prepared and a performance bond posted through the
Gity Attorney's office.
Final Map Requirements
34. 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.
35. The form, contents, accompanying data, and filing of the final subdivision map
shall conform to the provisions of SMMC .Sections 9.20.12.010 through
9.20.08.090 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.
36. One mylar and .one blue-line copy of the final map shall be provided to and
recorded with the Los Angeles County Recorder prior to issuance of any building
permit for a condominium project pursuant to Government Code Section
66499.30. Applicant shall also provide the County with a copy of this Statement
of Official Action at the time the required copies of the map are submitted.
37. 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.
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VOTE
Ayes: Councilmembers Holbrook, Shiver, Genser, McKeown, O'Connor, Mayor
Pro Tem Bloom
Nays:. None
Abstain: None
Absent: Mayor Katz
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive and Zoning Ordinance, the time within which judicial review of this
decision must be sought is governed by Code of Civil Procedures Section 1094.6, which
provision has been adopted by the City pursuant to Municipal Code Section 1.16.010.
i Faereby certify that this Statement of Official Actian accurately reflects the final
determination of the City Council o€ the Cify of Santa Manica.
MARIA M. STEWAR City Clerk Date
F:\CityPlanning\Share\COUNCILISTOAS\2008\858 3rd STOAstaff report.doc
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