FROM: City Staff
SUBJECT: Certification of the Statement of Official Action Adopting Negative Declaration 01-006 and Upholding Appeal 02APP-019 Overturning the Planning Commission’s Denial of Design Compatibility Permit 01DCP-007, Development Review Permit 01DR-007 and Tentative Tract Map 01TM-005 (Vesting Tentative Tract Map 53464), to Allow the Construction of a Two-Story, Ten (10)-Unit Townhouse-Style Courtyard Condominium Development at 2512 28th Street. Applicant/Appellant: Sunset Park Villas, LLC.
This staff report transmits for City Council certification the Statement of Official Action for Appeal 02-019 of the Planning Commission’s Denial of Design Compatibility Permit 01DCP-007, Development Review Permit 01DR-007 and Tentative Tract Map 01TM-005 (Vesting Tentative Tract Map 53464), and adoption of Final Negative Declaration 01-006, to allow the construction of a two-story, ten (10)-unit townhouse style courtyard condominium development located at 2512 28th Street.
On November 26, 2002 the City Council overturned the Planning Commission’s technical denial of this application adopting a negative declaration and approving the project with certain conditions regarding relocation of the driveway and lowering of the courtyard area. The City Council’s decision was based upon the findings contained in the attached Statement of Official Action.
The recommendation presented in this report does not have
any budget or fiscal impact.
It is recommended that the City Council approve the attached Statement of Official Action.
Prepared by: Suzanne Frick, Director
Jay M. Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Kimberly Christensen, AICP, Senior Planner
Elizabeth Bar-El, AICP, Associate Planner
City Planning Division
Planning and Community Development Department
Attachment: Statement
of Official Action

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PROJECT CASE
NUMBER: 02APP-019 LOCATION: 2512
28th Street APPLICANT: Sunset Park Villas, LLC APPELLANT: Sunset Park Villas, LLC PROPERTY OWNER: Sunset Park Villas, LLC CASE
PLANNER: Elizabeth Bar-El, AICP,
Associate Planner REQUEST: Appeal
of Planning Commission’s technical denial of Design Compatibility Permit 01DCP-007,
Development Review Permit 01DR-007 and Tentative Tract Map 01TM-005 (Vesting
Tentative Tract Map 53464), and adoption of Final Negative Declaration
01-006, to allow the construction of a two-story, ten (10)-unit townhouse
style courtyard condominium development. CEQA STATUS: Pursuant to State California Environmental Quality Act (CEQA) Guidelines Section 15063, a Negative Declaration was prepared for this project. The Negative Declaration was adopted by the City Council on November 26, 2002. |
CITY
COUNCIL ACTION
November 26, 2002 Date.
XX Approved
based on the following findings and subject to the conditions below.
Denied.
______________ Other.
EFFECTIVE DATE OF ACTION:
November 26, 2002 Development Review
02DR-007, Design Compatibility
Permit 02DCP-007, Tentative Tract Map 01TM-005
EXPIRATION
DATES OF ANY PERMITS GRANTED:
November 26, 2004 Development Review 02DR-007, Design Compatibility
Permit 02DCP-007
November 26, 2004 Tentative
Tract Map 01TM-005
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.
One Year Development
Review 02DR-007, Design Compatibility
Permit
02DCP-007
Three
Years With Planning Tentative
Tract Map 01TM-005
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.
Following
a public hearing held on November 26, 2002, the City Council granted the
appeal, overturning the Planning Commission’s technical denial of Design
Compatibility Permit 01DCP-007, Development Review Permit 01DR-007 and
Tentative Tract Map 01TM-005 (Vesting Tentative Tract Map 53464) based upon the
following findings and subject to the following conditions:
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, in that the project, as conditioned, conforms to the provisions
of the R2 District Development Standards of the Zoning Ordinance and the Low
Density Multi-family Residential Section of the Land Use Element of the General
Plan.
2. The site is physically
suitable for the proposed type of development, in that it is a standard lot
with no unusual characteristics or terrain.
3.
The
site is physically suitable for the proposed density of development, in that a
17,988 square-foot lot in the R2 District can accommodate 12 units and only 10
units are proposed.
4. The design of the
subdivision or the proposed improvements will not cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or
their habitat, in that the proposed development is an infill of urban land and
does not currently support fish or significant wildlife.
5. The design of the
subdivision or the type of improvement will not cause serious public health
problems in that the proposal is for a small-scale, urban infill development
that will not increase the density on the site and in that the proposed
development complies with the provisions of the Zoning Ordinance and the
General Plan.
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, in that the only existing easement on the property is
located on the rear two feet of the lot in the rear yard setback area in which
no improvements are proposed and the project has vehicular and pedestrian
access from 28th Street.
1. The physical location, size, massing
and placement of proposed structures on the site and the location of proposed
amenities within the project are compatible with and relate harmoniously to
surrounding sites and neighborhoods in that the courtyard design minimizes the
building massing to soften its impact on the street. Additionally, with the
adjustment of the driveway to the side of the property so that the courtyard is
at street level and visually accessible, the building presents a
pedestrian-friendly façade. Units that
face the street and façade articulation to create texture and visual interest
also enhance pedestrian orientation. By conforming to the required setbacks and
additional stepbacks, the adjacent buildings are given sufficient distance so
that the proposed building does not create impacts of shade and shadows. The proposed two-story building continues a
line of two-story structures to the south and is compatible with those
structures in that it is 23 feet in height, approximately 3 feet lower than the
adjacent apartment building.
2. The physical location, size, massing
and placement of proposed structures on the site, and parking access and the
location of proposed amenities within the project would not be detrimental to
the public interest, health, safety, convenience or general welfare in that the
proposed structure meets all Zoning Code requirements and absorbs all impacts
of parking and circulation on site. Furthermore,
sufficient landscaping and permeable surfaces are provided to mitigate the
level of urban run-off from the property.
3. The rights-of-way can accommodate autos
and pedestrians, including adequate parking and access, in that the 120-foot
frontage can accommodate the proposed driveway near the south property line of
the development, which is of sufficient width to allow on-site circulation and
access to the semi-subterranean parking spaces. Pedestrian access is provided from the street into the courtyard
and the parking area includes two pedestrian exits leading to the street and to
the rear of the property. The
development complies with the minimum number of required parking spaces. The off-street parking, circulation and the
parking plan is required to comply with the City’s Transportation Management
Division policies.
4. The health and safety services (police,
fire etc.) and public infrastructure (e.g., utilities) are sufficient to
accommodate the new development, in that the proposed development is located
within an urbanized area that is already adequately served by existing City
infrastructure. No new safety services or public infrastructure will be
required by this project.
5. Reasonable mitigation measures have
been included for all adverse impacts identified in an Initial Study or
Environmental Impact Report, in that an Initial Study was prepared to evaluate
potential impacts of the proposed development and found that there were no
significant impacts and therefore a negative declaration was prepared. The design of the project and the City’s
standard construction mitigation measures provide sufficient conditions such
that no additional mitigation measures are necessary.
6. The proposed use conforms precisely to
the minimum requirements outlined in Section 9.04.16, Subchapter 9.04.16.01.030,
in that the proposed project, as conditioned below, and shown on the plans
submitted by the applicant, demonstrates compliance with all applicable
provisions of the City of Santa Monica Zoning Ordinance.
1. The physical location, size, massing
and placement of proposed structures on the site and the location of proposed
uses within the project are compatible with and relate harmoniously to
surrounding sites and neighborhoods in that the project is consistent with the
height and density standards set forth in the Land Use Element of the General
Plan. Additionally, the project conforms with the interim zoning ordinance
requirements adopted to increase neighborhood compatibility. The courtyard
design as revised with the driveway near the south property line visually
connects the courtyard with the street and minimizes the building massing to
soften its impact on the street. By
conforming to the required setbacks and additional stepbacks, the adjacent
buildings are given sufficient distance so that the proposed two-story building
does not create impacts of shade and shadows.
The proposed building continues a line of two-story structures to the
south and is compatible with those structures in that it is 23 feet in height,
approximately 3 feet lower than the adjacent apartment building.
2. The rights-of-way can accommodate autos
and pedestrians, including adequate parking and access, in that the 120-foot
frontage can accommodate the proposed driveway, which is of sufficient width to
allow on-site circulation and access to the semi-subterranean parking
spaces. Pedestrian access is provided
from the street into the courtyard and the parking area includes two pedestrian
exits leading to the street and to the rear of the property. The development complies with the minimum
number of required parking spaces.
3. The health and safety services (police,
fire etc.) and public infrastructure (e.g., utilities) are sufficient to
accommodate the new development, in that the proposed development is located
within an urbanized area that is already adequately served by existing City
infrastructure. No new safety services or public infrastructure will be
required by this project.
4 Any on-site provision of housing or
parks and public open space, which are part of the required project mitigation
measures required in SMMC Section 9.04.10.12, satisfactorily meet the goals of
the mitigation program in that there are no requirements in that Code section
that are applicable to this project.
5 The project is generally consistent
with the Municipal Code and General Plan in that the project as conditioned
conforms to the provisions of the R2 District Development Standards of the
Zoning Ordinance and the Low Density Multi-family Residential Section of the
Land Use Element of the General Plan.
The project is consistent with General Plan Objective 1.1 to provide
adequate housing for City residents of all incomes and Policy 1.10.1 to
encourage the development of new housing in all existing residential districts,
while still protecting the character and scale of neighborhoods.
6. Reasonable mitigation measures have
been included for all adverse impacts identified in the Initial Study in that
the Initial Study evaluated potential areas of impact affected by the proposed
development and found that there were no significant impacts. Therefore, a negative declaration was
prepared. The design of the project and
the City’s standard construction mitigation measures provide sufficient
conditions such that no additional mitigation measures are necessary.
DESIGN
COMPATIBILITY PERMIT CONDITIONS
The following conditions are
recommended as standard requirements for condominium development.
Plans
1. Except as amended by
Condition #44 below, this approval is for those plans dated September 13, 2002,
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 and Project
shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and
General Plan policies of the City of Santa Monica.
3. Final parking lot
layout and specifications shall be subject 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.
Architectural
Review Board
5. Prior to consideration
of the project by the Architectural Review Board, the applicant shall review
disabled access requirements with the Building and Safety Division and make any
necessary changes in the project design to achieve compliance with such
requirements. The Architectural Review
Board, in its review, shall pay particular attention to the provisions of
Condition #44 below, as well as aesthetic, landscaping, and setback impacts of
any ramps or other features necessitated by accessibility requirements.
6. Prior to submittal of
landscape plans for Architectural Review Board approval, the applicant shall
contact the Department of Environmental and Public Works Management regarding
urban runoff plans and calculations.
7. In addition to other
landscaping requirements, the Architectural Review Board, in its review, shall
ensure that at least 50% of the unexcavated side yard setback(s) shall be
adequately landscaped and shall review and approve the species and placement of
two 24” box trees in the front yard setback area.
8. Plans for final design,
landscaping, screening, trash enclosures, and signage shall be subject to
review and approval by the Architectural Review Board.
9. The Architectural
Review Board, in its review, shall pay particular attention to the project's
pedestrian orientation and amenities; scale and articulation of design
elements; exterior colors, textures and materials; window treatment; glazing;
and landscaping.
10. Construction period
signage shall be subject to the approval of the Architectural Review Board.
11. 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.
12. Refuse areas, storage
areas and mechanical equipment shall be screened in accordance with SMMC
Section 9.04.10.02.130-9.04.10.02.150.
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. 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.
13. No gas or electric
meters shall be located within the required front or street side yard setback
areas. The Architectural Review Board
in its review shall pay particular attention to the location and screening of
such meters.
Fees
14. 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.
Demolition
15. Until such time as the
demolition is undertaken, and unless the structure is currently in use, the
existing structure shall be maintained and secure 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.
16. Unless otherwise
approved by the Community and Cultural Services Department and the Planning
Division, at the time of demolition, any street trees shall be protected from
damage, death, or removal per the requirements of Ordinance 1242 (CCS).
17. 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.
18. 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 pest control impacts on the project
neighborhood.
19. 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 the Landmarks Commission makes
a final determination on the application.
Construction
20. Unless otherwise
approved by the Department of Environmental and Public Works Management, all
sidewalks shall be kept clear and passable during the grading and construction
phase of the project.
21. Sidewalks, curbs,
gutters, paving and driveways which need replacing or removal as a result of
the project as determined by the Department of Environmental and Public Works
Management shall be reconstructed to the satisfaction of the Department of
Environmental and Public Works Management.
Approval for this work shall be obtained from the Department of Environmental
and Public Works Management prior to issuance of the building permits.
22. 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.
23. 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 Community and
Cultural Services Department and the Department of Environmental and Public
Works Management. No street tree shall
be removed without the approval of the Community and Cultural Services
Department.
24. A construction period
mitigation plan shall be prepared by the applicant for approval by the
Department of Environmental and Public Works Management prior to issuance of a
building permit. The approved
mitigation plan shall be posted on the site for the duration of the project
construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all contractors 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 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 nature and extent of any
dewatering 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 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 minimize use of public streets for
parking; 15) List a designated on-site construction manager.
25. Developer shall prepare
a notice, subject to the review by the Director of Planning and Community
Development, that lists all construction mitigation requirements, permitted
hours of construction, and identifies a contact person at City Hall as well as
the developer who will respond to complaints related to the proposed
construction. The notice shall be
mailed to property owners and residents within a 200-foot radius from the
subject site at least five (5) days prior to the start of construction.
26. A sign shall be posted
on the property in a manner consistent 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 indicate the hours of permissible construction work.
27. A copy of these
conditions shall be posted in an easily visible and accessible location at all
times during construction at the project site.
The pages shall be laminated or otherwise protected to ensure durability
of the copy.
Environmental
Mitigation
28. 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 showerhead.)
29. Parking areas and
structures and other facilities generating wastewater with significant oil and
grease content are required to pretreat these wastes before discharging to the
City sewer or storm drain system. Pretreatment
will require that a clarifier or oil/water separator be installed and
maintained on site. In cases where
settleable solids are present (or expected) in greater amounts than floatable
oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an
oil/water separator with automatic oil draw-off will be required instead. The General Services Department will set
specific requirements. Building Permit
plans shall show the required installation.
Miscellaneous
DCP Conditions
30. The building address
shall be painted on the roof of the building and shall measure four feet by
eight feet (32 square feet).
31. 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
Director of Planning to determine the significance of the survey findings and
appropriate actions and requirements, if any, to address such findings.
32. 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
Environmental and Public Works.
33. 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 district's limits on number of stories
can be maintained.
34. No fence, gate, or wall
within the required front yard setback, inclusive of any subterranean garage
slab and fencing, gate, or railing on top thereof, shall exceed a height of
42" above actual grade of the property.
No wall shall be permitted along the front of the property.
35. A security gate shall
be provided across the opening to the subterranean garage. If any guest parking space is located in the
subterranean garage, the security gate shall be equipped with an electronic or
other system which will open the gate to provide visitors with vehicular access
to the garage without leaving their vehicles.
The security gate shall receive approval of the Police and Fire
Departments prior to issuance of a building permit.
36. Mechanical equipment
shall not be located on the side of any building which is adjacent to a
residential building on the adjoining lot.
Roof locations may be used when the mechanical equipment is installed
within a sound rated parapet enclosure.
37. Final approval of any
mechanical equipment installation will require a noise test in compliance with
SMMC Section 4.12.040. Equipment for
the test shall be provided by the owner or contractor and the test shall be
conducted by the owner or contractor. A
copy of the noise test results on mechanical equipment shall be submitted to
the Community Noise Officer for review to ensure that noise levels do not
exceed maximum allowable levels for the applicable noise zone.
38. Final building plans
submitted for approval of a building permit shall include on the plans a list
of all permanent mechanical equipment to be placed indoors which may be heard
outdoors.
Validity of Permits
39. 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.
40. 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 Planning 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. By signing same, applicant shall not thereby
waive any legal rights applicant 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.
41. This approval shall
become effective immediately. The
approval of this permit shall expire if the rights granted are not exercised
within two years from the permit’s effective date. Exercise of rights shall mean issuance of a building permit to
commence construction. 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 one-year extension may be permitted if approved by the Director of
Planning. Applicant is on notice that
time extensions may not be granted if development standards relevant to the
project have changed since project approval.
42. Within thirty (30) days
after final approval of the project, a sign shall be posted on site stating the
date and nature of the approval. The
sign shall be posted in accordance with the Zoning Administrator guidelines and
shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a
building permit is issued for the project or upon expiration of the Conditional
Use Permit.
Special
Conditions
43. Pursuant to Ordinance
1589 (CCS), 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.
44. Prior to submittal to
Architectural Review Board (ARB), the applicant shall revise the plans to the
satisfaction of the Planning Division, relocating the driveway to the side of
the property, in compliance with all requirements of the Zoning Ordinance and
Transportation Management Division policies.
The plans shall also be amended so that the courtyard in the front yard
set back area averages a maximum of six inches above street level. Ramps from all units to the front courtyard
shall be provided to the extent feasible, as determined by Planning Division
staff. Landscaping shall be provided in
the front setback portion of the courtyard area with a minimum soil depth of
two feet. No fence or gate shall be erected across the courtyard or anywhere in
the front setback area.
45. Pursuant to Santa
Monica Municipal Code (SMMC) Chapter 9.56, the project is subject to the City's
Affordable Housing Production Program which requires a ten-unit development to
provide either one very low cost affordable unit or two low cost affordable
units on-site (SMMC Section 9.56.050), provide the affordable units off-site
(SMMC Section 9.56.060), pay an affordable housing fee (SMMC Section 9.56.070),
or acquire land for affordable housing (SMMC Section 9.56.080). The developer has elected to satisfy the
Affordable Housing Production requirement through payment of an affordable
housing fee. The project's affordable
housing fee is based on the following formula:
Floor Area
(as defined by SMMC Section 9.04.02.030.315) x $11.01. The project’s floor area as shown on
the plans dated September 13, 2002, is 18,498.24 square feet. The project’s affordable housing fee based
on this floor area would be $ 203,665.62.
The fee will be recalculated prior to payment based on the actual building
floor area of the project as constructed.
The fee must be paid in full prior to the City granting any approval for
the occupancy of the project.
TENTATIVE PARCEL/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 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 in the case of condominiums, contain such provisions as are required by
Section 9.04.16.01.030(e)(SMMC).
6. The developer shall
provide for payment of a Condominium Tax of $1,000 per saleable residential
unit per the provisions of Section 6.76.010 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 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.
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 required 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. Pursuant to Section
9.20.14.070 (SMMC), if the subdivider or any interested person disagrees with
any action by the Planning Commission with respect to the tentative map, an
appeal or complaint may be filed in writing with the City Clerk. No appeal or complaint may be filed after a
ten-day period from the Commission's decision on the tentative map.
VOTES
Adoption of Negative Declaration 01--006
Ayes: Katz, Genser, McKeown, Bloom, O’Connor, Holbrook, Feinstein
Nays: None
Abstain: None
Absent: None
Approval of 01DCP-007,
01DR-007 and 01TM-005, as amended
Ayes: Genser, McKeown, Bloom, O’Connor, Feinstein
Nays: Katz, Holbrook
Abstain: None
Absent: None
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 hereby certify that this Statement of Official Action
accurately reflects the final determination of the City Council of the City of
Santa Monica.
_____________________________ _____________________________
MARIA M. STEWART, City Clerk Date