CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT
OF OFFICIAL
ACTION
|
PROJECT CASE
NUMBER: 05APP-008 LOCATION: 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 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 5D3 (potential contributor to 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 Planning 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.
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 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
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
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.
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.
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
Chapter 1, Article IX of the Municipal Code and all other pertinent ordinances
and General Plan policies of the City of
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 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.
VOTE
Ayes: Bloom, Genser, Holbrook, Katz, O’Connor, Shriver
Nays:
Abstain:
Absent: McKeown
NOTICE
If this is a final decision not subject to further appeal
under the City of
I hereby certify that this Statement of Official Action
accurately reflects the final determination of the City Council of the City of
_____________________________ _____________________________
MARIA M. STEWART, City Clerk Date