|
|
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
Address:
Applicant: James
K. Downey
Recommended Action
It
is recommended that the Planning Commission take the following action:
1.
Approve the corrected Statement of Official Action contained in
Attachment A.
Executive Summary
On February 21, 2007 the Planning Commission approved Tract
Map 06-043 for an airspace subdivision
at
Prepared
by:
Attachments: A. Corrected
Statement of Official Action
|
|
PROJECT INFORMATION CASE NUMBER: Tract Map 06-043
LOCATION: APPLICANT: Howard
Laks Associates Property Owner: James
K. Downey CASE PLANNER: 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. CEQA STATUS: The project is categorically exempt from the
provisions of 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. |
PLANNING COMMISSION ACTION
|
February 21, 2007 |
Determination Date |
|
X |
Approved based on the following findings and subject to the conditions
below. |
|
|
Denied. |
|
|
Other: |
|
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.
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
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
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
5.
Project
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).
Fees
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.
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. Three of the four
on-site units have received a Category C removal permit from the Rent Control
Board.
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.
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:
Tract Map 06-043
Ayes: Brown, Clarke,
Koning, O’Day, Pugh
Nays:
Abstain:
Absent: Dad, Johnson
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 Planning Commission of the City of
_____________________________ _____________________________
Gwynne Pugh, Chairperson Date
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.
|
Print Name and Title |
|
|
Applicant’s Signature |
|