Planning Commission Report
Planning Commission Meeting: May 16, 2007
Agenda Item: 7-A
To: Planning Commission
From: Amanda Schachter, City Planning Division Manager
Subject: Correction to Statement of Official
Action for Tract Map 06-043 at
Applicant: James K. Downey
It is recommended that the Planning Commission take the following action:
1. Approve the corrected Statement of Official Action contained in Attachment A.
On February 21, 2007 the Planning Commission approved Tract
Map 06-043 for an airspace subdivision
City Planning Division
STATEMENT OF OFFICIAL ACTION
CASE NUMBER: Tract Map 06-043
APPLICANT: Howard Laks Associates
Property Owner: James K. Downey
REQUEST: The applicant requests approval of an airspace subdivision at the subject property for the purpose of constructing a new six (6) unit residential condominium project.
PLANNING COMMISSION ACTION
February 21, 2007
Approved based on the following findings and subject to the conditions below.
EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:
March 3, 2007
EXPIRATION DATE OF ANY PERMITS GRANTED:
March 3, 2009
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*:
Maximum three (3) years 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 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.
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.
proposed subdivision is consistent with any ordinance or law of the City of
CONDITIONS OF APPROVAL:
PLANNING AND COMMUNITY DEVELOPMENT
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
2. An appeal of the 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. 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
plans for the condominium development 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
Affordable Housing Obligation
6. 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 6-unit condominium development to provide twenty (20) percent of the units affordable to moderate income households on-site or 1.2 units. The applicant will satisfy this affordable housing obligation by providing one three-bedroom moderate income unit on-site (SMMC Section 9.56.050(a),(d).
7. 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 units on the subject lot, per and subject to the provisions of Section 6.80.010 et seq. of the Santa Monica Municipal Code.
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.
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.
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. Three of the four on-site units have received a Category C removal permit from the Rent Control Board.
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.
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.
ENVIRONMENTAL PUBLIC WORKS MANAGEMENT (EPWM)
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.
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: Tract Map 06-043
Ayes: Brown, Clarke, Koning, O’Day, Pugh
Absent: Dad, Johnson
If this is a final decision not subject to
further appeal under the City of
certify that this Statement of Official Action accurately reflects the final
determination of the Planning Commission of the City of
Gwynne Pugh, Chairperson Date
Acknowledgement by Permit Holder
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