Planning Commission Meeting: September
20, 2006
Agenda Item: 8-B
To: Planning Commission
From: Amanda
Schachter, City Planning Division Manager
Subject: Tract Map 06TM-015: Vesting Tentative Tract Map No.
65423
Address: 1543 Eleventh Street
Applicant: Don
Baroukh
This report recommends that the Planning Commission take the following
actions, subject to the finds and conditions contained in Attachment B:
1.
Approve
application 06TM-015;
2.
Approve
Statement of Official Action.
The applicant requests approval of an airspace subdivision at the
subject property for the purpose of constructing a new five unit residential
condominium project. Pursuant to Santa Monica Municipal Code Section
9.20.02.090, the Planning Commission is the responsible authority to approve,
conditionally approve, or deny tentative subdivision map applications.
Project / Site Information
The following table provides a
brief summary of the project location:
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Zoning District:
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R3
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Site Location Map
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Land Use
Element Designation:
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Medium Density
Housing
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Parcel Area (SF):
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7,500 SF
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Parcel
Dimensions:
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50’ x 150’
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Existing On-Site
Improvements (Year Built):
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4 unit
multi-residential structure
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Rent Control Status:
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4 rent controlled
units
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Adjacent Zoning
Districts and Land Uses:
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R3 (north, east,
west) with multi-residential developments.
M1 (south) office/warehouse
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Subdivision Information
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Tract Map Number:
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Tentative Tract
Map No. 065423
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Subdivider/Applicant:
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Westwood West
Builders LLC, Don Baroukh
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Number of Units:
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5
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City Engineer
Preliminary Approval Date:
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June 26, 2006
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Required Off-Site
Improvements:
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See conditions of
approval.
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Covenants,
Conditions and Restrictions (CC&Rs):
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The CC&Rs
will be reviewed and approved as to form by the City Attorney consistent with
SMMC 9.20.02.060 and prior to approval of the final map.
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Fees:
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Parks and
Recreation Facilities Tax ($200 / unit). Total tax = $1000.
Condominium
Facilities Tax ($1,000 / unit). Total tax = $5,000.
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Environmental Analysis
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 is/are over 40 years old, a permit to demolish the existing improvements will not be issued until
the Landmarks Commission reviews the demolition permit application and all
requirements of SMMC Section 9.04.10.16.010 (d) are met. The City’s Landmarks Commission retains
jurisdiction to review the demolition permit application and to nominate the
improvement as a City Landmark or Structure of Merit pursuant to the
designation criteria and procedures contained in Chapter 9.36 of the Santa
Monica Municipal Code.
At the time this report was prepared, the Landmarks Commission had not
reviewed the demolition permit for this property.
Project Analysis
The proposed five (5) unit condominium project is subject to the
regulations and standards as set forth in Article 9 of the Municipal Code.
Staff has completed a preliminary review of the proposed five-unit condominium
project for compliance with the Medium Density Multiple Residential (R3)
district development standards, and finds that the applicant’s proposal appears
to generally conform to the applicable zoning and design standards. However, this review is only intended to
identify aspects of the plans that could result in significant changes to the
project’s design. A complete
code-compliance review will occur when the application is submitted for plan
check. It is the applicant’s
responsibility to ensure that the plans comply fully with all applicable provisions
of the Municipal Code. The project is
subject to review by the Architectural Review Board.
The proposed subdivision is consistent with the City’s General Plan in
that a five (5) unit condominium subdivision is proposed in an area where
Medium Density Residential uses are encouraged, and the proposed density of
development is below the limitations established for this land use district.
The proposed design of the units will also meet the intent of the General Plan
by not exceeding three (3) stories or 40 feet in height. In addition, the
proposal will conform to the density limitations of the R3 district development
standards, where a maximum of six (6) dwelling units could be permitted
on-site. The subject property is
relatively flat and is does not contain any fish or extensive wildlife habitat.
It is located within a neighborhood where the necessary public infrastructure
and improvements are currently in-place, and developments of similar use,
density and design are prevalent.
Pedestrian access to the site is provided from Eleventh Street and vehicular access to
the site is by means of an adjacent rear alley (Eleventh Court). The subject property is not constrained by
any public use or access easements. In general, the proposed airspace subdivision
will not compromise the public’s health and general welfare. The tract map is included with this report as
Attachment B.
In
addition to the recommended action, the Planning Commission could consider the
following with respect to the project:
A1.
Continue the project for specific reasons, consistent with
applicable deadlines and with agreement from the applicant
A2.
Articulate revised findings and/or conditions to Approve OR Deny
the subject application, with / without prejudice
Prepared by: Grace Cho, Associate
Planner
Paul Foley, Principal Planner
Attachments
A.
Process
Review Times & Deadlines
B.
Draft
Statement of Official Action
C.
Public
Notification & Comment Material
D.
Subdivision Map
ATTACHMENT B
DRAFT STATEMENT OF OFFICIAL
ACTION
 City of Santa Monica
City Planning Division
DRAFT
PLANNING COMMISSION
STATEMENT OF OFFICIAL
ACTION
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PROJECT INFORMATION
CASE NUMBER: Tract Map 06-015
LOCATION: 1543 Eleventh Street
APPLICANT: Don
Baroukh
Property Owner: Westwood
West Builders LLC
CASE PLANNER: Grace Cho,
Associate Planner
REQUEST: The applicant
requests approval of an airspace
subdivision at the subject property for the purpose of constructing a
new five unit residential condominium project.
CEQA STATUS: The
project is categorically exempt from the provisions of CEQA, pursuant to Class
3, Section 15303 (b).
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PLANNING COMMISSION ACTION
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9/20/06
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Determination Date
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Approved based on the following findings and subject to the conditions
below.
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Denied.
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Other:
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EFFECTIVE
DATES OF ACTIONS IF NOT APPEALED:
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October 1, 2006
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EXPIRATION
DATE OF ANY PERMITS GRANTED:
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October 1, 2008
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LENGTH OF ANY
POSSIBLE EXTENSION OF EXPIRATION DATES*:
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Maximum three (3)
years with Planning Commission approval
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* 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 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 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.
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. 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.
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.
2.
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.
3.
Pursuant to SMMC Section 9.04.10.02.450(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. A 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 relevant to the project have changed since project
approval. Extension requests to a subdivision map must be approved by the
Planning Commission.
4.
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.
Conformance with Approved Plans
5.
The Plans
shall comply with all applicable provisions of Article IX of the Municipal Code
and all other pertinent ordinances and General Plan policies of the City of Santa Monica.
Fees
6.
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.
7.
The
developer has elected to satisfy the City’s Affordable Housing Production
requirement through payment of the applicable affordable housing fee which is
calculated based on the project’s floor area as defined by SMMC Section
9.04.02.030.315. The fee will be
calculated prior to payment based on the requirements of the Affordable Housing
Production Program, Section 9.56.070 and shall be based on the affordable
housing unit base fee in effect at the time the affordable housing fee is paid
to the City. The fee must be paid in
full prior to the City granting any approval for the occupancy of the project,
but no earlier than at the time of building permit issuance.
8.
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.
Cultural Resources
9.
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
10.
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.
CC&Rs
11.
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).
12.
No
furniture shall be permitted on the rooftop decks above the second floor. This
condition shall also be reflected in the CC & R's.
Standard Conditions
13.
Final
parking lot layout and specifications shall be subject to the review and
approval of the Transportation Management Division.
14.
Prior
to issuance of a building permit, a copy of the recorded map shall be provided
to the City Planning Division.
15.
Prior
to the issuance of a building permit, the applicant shall demonstrate
compliance with Subchapter 9.04.16 Condominiums, including the provisions of
Ordinance No. 2131 (CCS).
ENVIRONMENTAL PUBLIC WORKS MANAGEMENT (EPWM)
Drainage
16.
Notwithstanding
any Subdivision Map notations to the contrary, in order to mitigate storm water
and surface runoff from the project site, an Urban Runoff 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.
Off-site
17.
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.
18.
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.
Final Map Requirements
19.
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.
20.
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.
21.
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.
22.
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.
VOTE
Ayes:
Nays:
Abstain:
Absent:
NOTICE
If this is a final decision not subject to further appeal
under the City of Santa Monica Comprehensive Land
Use and Zoning Ordinance, the time within which
judicial review of this decision must be sought is governed by Code of Civil
Procedure 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 Planning Commission of the City of Santa
Monica.
_____________________________ _____________________________
Gwynne Pugh, Date
Chairperson
Acknowledgement by Permit Holder
I
hereby agree to the above conditions of approval and acknowledge that failure
to comply with such conditions shall constitute grounds for potential
revocation of the permit approval.
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Print Name and Title
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Applicant’s Signature
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ATTACHMENT C
PUBLIC NOTIFICATION
INFORMATION
Consistent with SMMC 9.20.14.010, notice of the subject application was
published in a newspaper of general circulation (Santa Monica Daily Press) and mailed to owners and occupants within
300 feet of the property, at least ten days prior to the hearing. In addition,
a copy of the notice was posted on the City’s website, on the City’s bulletin
board, and copies of the agenda mailed to all City-recognized neighborhood
groups prior to the hearing.
On August 23, 2006, the applicant/appellant was notified by phone of the
subject hearing date.
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The applicant provided the
following information regarding attempts to contact area property owners,
residents, and recognized neighborhood associations:
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Adjacent Neighbors
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No contact information provided.
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Community Meetings
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No contact information provided.
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Other:
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No contact information provided.
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA PLANNING
COMMISSION
SUBJECT: Tract Map 06-015
1543 11th Street
APPLICANT: Don Baroukh
PROPERTY OWNER: Westwood West Builders LLC
A public hearing will be held by the Planning
Commission to consider the following request:
The applicant requests approval of a Vesting
Tentative Tract Map No. 065423 to subdivide one lot into five airspace parcels
in conjunction with a proposed five-unit residential condominium development
pursuant to Santa Monica Municipal Code Section 9.20.04.030.
DATE/TIME: WEDNESDAY,
SEPTMBER 20, 2006, AT 7:00 PM
LOCATION: City
Council Chambers, Second Floor, Santa
Monica City Hall
1685 Main Street, Santa
Monica, California
HOW TO COMMENT
The City of Santa
Monica encourages public comment. You may comment at
the Planning Commission public hearing, or by writing a letter. Written
information will be given to the Planning Commission at the meeting.
Address your letters to: Grace Cho, Associate Planner
Re:
06TM-015
City
Planning Division
1685 Main Street,
Room 212
Santa Monica, CA
90401
MORE INFORMATION
If you want more information about this project or
wish to review the project file, please contact Grace
Cho at (310) 458-8341, or by e-mail at grace.cho@smgov.net.
The Zoning Ordinance is available at the Planning Counter during business hours
and on the City’s web site at www.santa-monica.org.
The meeting facility is wheelchair accessible. For
disability-related accommodations, please contact (310) 458-8341 or (310)
458-8696 TTY at least 72 hours in advance. All written materials are available
in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1,
2, 3, 5, 7, 8, 9, and 10 serve City Hall.
Pursuant to California Government Code Section
65009(b), if this matter is subsequently challenged in Court, the challenge may
be limited to only those issues raised at the public hearing described in this
notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public
hearing.
ESPAÑOL
Esto es una noticia de una audiencia pública para
revisar applicaciónes proponiendo desarrollo en Santa Monica.
Si deseas más información, favor de llamar a Carmen
Gutierrez en la División de Planificación al número (310)
458-8341.