Planning Commission Meeting: May
16, 2007
Agenda Item: 8-B
To: Planning Commission
From:
Subject: Extension 07-003 of Vesting Tentative
Parcel Map 04-029 (No. 061187)
Address:
Applicant: Ali
Heidari
Recommended Action
It
is recommended that the Planning Commission take the following action subject
to findings and conditions contained in Attachment B:
1.
Approve application EXD07-003;
2.
Approve the attached Statement of Official Action
Executive Summary
The applicant requests a twelve month
extension of Vesting Tentative Parcel Map No. 061187, an airspace subdivision
of one lot into three parcels to construct a two-story, three unit residential
condominium project.
The Planning Commission is the responsible authority to approve or deny the
tentative subdivision map extension pursuant to Santa Monica Municipal Code
Section 9.20.18.020. The Planning Commission approved Vesting Tentative Parcel
Map 04-029 on March 16, 2005.
Project / Site Information
The following table provides a
brief summary of the project location.
Project and Site Information Table
|
Zoning District: |
R2 Low Density
Multi-Family Residential |
|
|
Land Use |
Low Density
Housing |
|
|
Parcel Area (SF): |
5,306 SF |
|
|
Parcel
Dimensions: |
40’ x 132.65’ |
|
|
Existing On-Site
Improvements (Year Built): |
Structures built
in 1941, 1948 |
|
|
Rent Control
Status: |
Exempt, owner
occupied |
|
|
Adjacent Zoning
Districts and Land Uses: |
W
– R2, parking lot E
– R2, SFD and MFD N
– R2, Multi-family S
– R2, Multi-family |
Subdivision Information
|
Parcel Map
Number: |
061187 |
|
Subdivider/Applicant: |
Ali and Mozghan
Heidari |
|
Number of Units: |
Three |
|
City Engineer
Preliminary Approval Date: |
February 3, 2005 |
|
Required Off-Site
Improvements: |
None. |
|
Codes, Covenants
and Regulations (CC&Rs): |
CC&R Resume –
attached |
|
Fees: |
No fees will be
collected for the project if denied. However, applicable fees with project
approval would include: ·
Parks
and Recreation Facilities Tax ($200 x 3 units). Total tax = $600. ·
Condominium
Facilities Tax ($1,000 x 3 units). Total tax = $3000. |
|
Affordable
Housing |
No affordable
housing fees will be collected for the project if denied. However, the applicant
indicated intent to satisfy the Affordable Housing obligation through payment
of the in-lieu fee in the amount of $64,648.30, if approved. |
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.
Background
The proposed project is a two story, 30 foot tall, three-unit townhouse style condominium building with a semi-subterranean parking garage accessed from the alley. Two out of the three proposed units will have three bedrooms and two and a half bathrooms. One unit will have two bedrooms and two and a half bathrooms.
The
project provides six parking spaces in a semi-subterranean garage, which is
accessed from a ramp offset from the south property line from the rear alley,
The vesting tentative parcel map and Design Compatibility Permit were approved by the Planning Commission on March 16, 2005. The project plans were approved by the Architectural Review Board on March 6, 2006. The Design Compatibility Permit (DCP) was due to expire on March 31, 2007. The applicant submitted a timely request for the a one-year extension of the term of the DCP to the Zoning Administrator who may approve the extension administratively.
Project Analysis
Need
for Extension
The
applicant filed this extension request on February 13, 2007, prior to the
expiration of the vesting tentative parcel map on March 16, 2007. According to the applicant, it has taken
longer than expected to comply with all of the map conditions and process the
Final Map through the Los Angeles County Engineer and City Engineer.
There
have been no changes to the project plans since approval and the project
remains consistent with the City’s General Plan. Although the project was approved prior to
recent changes in the R2 development standards and the Affordable Housing
Production Program requirements, the tentative parcel map approved by the
Commission vests the development standards and affordable housing requirements in
place at the time of subdivision map approval.
The
findings and conditions included in the attached Statement of Official Action
are identical to those previously approved by the Commission with the exception
of the term of the subdivision map.
Recommendation
It is recommended that the Planning Commission approve Extension 07-003 for Vesting Tentative Parcel Map (04TM-029) based on the following findings and conditions of approval.
Alternative Actions:
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,
with or without prejudice, the subject application
Conclusion
The
applicant seeks to modify and extend the project’s permit terms for one year. Staff
supports the request as the additional time will allow the applicant to proceed
through the Final Map and plan check process to obtain building permits for the
project.
.
Prepared by: Dennis Banks, Associate Planner
Attachments
A.
Planning
Commission Statement of Official Action – March 16, 2005
B.
Draft
Statement of Official Action
C.
Public
Notification Information
Attachment A
|
|
|  City of
City Planning Division
PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION |
|
PROJECT CASE NUMBER: Design Compatibility Permit 04-015 and Tentative Map 04-029LOCATION: APPLICANT: Ali Heidari Property Owner: Ali and Mozghan Heidari CASE
PLANNER: Dennis Banks, Associate
Planner REQUEST: Construction of a two story,
30 foot tall, three-unit townhouse style condominium building with a
semi-subterranean parking garage accessed from the alley. CEQA STATUS: The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303(b), Class 3, of the State CEQA Guidelines in that the project involves the construction of six or fewer multifamily residential units within a developed, urbanized environment. Moreover, the project including the property and existing improvements have been reviewed and, for the purpose of CEQA, determined not to be a significant historic resource. Notwithstanding the CEQA determination, the City’s Landmarks Commission retains jurisdiction to review the demolition application for the existing improvements. |
PLANNING COMMISSION ACTION
|
March 16, 2005 |
Date. |
|
X |
Approved based on the following findings
and subject to the conditions below. |
|
|
Denied. |
|
|
Other. |
EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:
|
March 27, 2005 |
Vesting Tentative Parcel Map 04TM-029 |
|
March 31, 2005 |
Design Compatibility Permit 04DCP015 |
EXPIRATION DATE OF ANY PERMITS GRANTED:
|
March 27, 2007 |
Vesting Tentative Parcel Map 04TM-029 |
|
March 31, 2007 |
Design Compatibility Permit 04DCP015 |
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.
|
Twelve Months |
Design Compatibility Permit 04DCP015 |
|
Two Years |
Vesting Tentative Parcel Map 04DCP-029 (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.
TENTATIVE
PARCEL 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 conforms to the provisions of the R2 District Development
Standards of the Zoning Ordinance and the Low Density Housing land use
designation 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 5,306 square foot lot in the
R2 District where multi-family dwellings are a permitted use.
3.
The site is
physically suitable for the proposed density of development, in that a 5,306
square foot lot in the R2 District can accommodate up to 3 units and, it will
comply with all applicable development standards.
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
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 no such easements exist on the subject site and the
property has vehicular access from Chelsea Court and pedestrian access from 25th
Street.
DESIGN COMPATIBILITY PERMIT FINDINGS
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 proposed plans are similar in height and massing to
adjacent structure and, will, as conditioned, comply with the development
standards of the R2 zoning district.
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.
3. The rights-of-way can accommodate autos
and pedestrians, including adequate parking and access, in that the front of
the property is served by
4. The health and safety services (police,
fire etc.) and public infrastructure (e.g., utilities) is 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 the proposed development is categorically
exempt from the provisions of the California Environmental Quality Act (CEQA)
and therefore, no Initial Study or Environmental Impact Report was prepared.
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.
DESIGN
COMPATIBILITY PERMIT CONDITIONS:
Plans
1.
This approval is for those plans dated January 24, 2005, 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 shall comply with all 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
3.
Final parking lot layout and specifications shall be subject to the
review and approval of the Transportation Planning Division. The driveway ramp, vertical clearance and
finished floor levels shall comply with the vehicle clearance and building
height requirements. These issues must
be resolved prior to submitting an application to the Architectural Review
Board. Other transportation issues may
be addressed in plan check.
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.
The Architectural Review Board shall pay particular attention to the
tower element at the front elevation and require design modifications to
eliminate the third story appearance. The Architectural Review Board shall also
evaluate the building materials, sense of style and seek to minimize the
massiveness of the flat balconies.
6.
Prior to submission to the Architectural Review Board, the applicant
should make modifications to the design at the roof and street front elevation
to improve the apparent scale and sense of proportion and the perceived
three-story appearance of the front facade. The Architectural Review Board, in
its review, shall pay particular attention to these building design elements to
ensure proper neighborhood compatibility and appropriate transition to the
adjacent two-story building.
7.
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 aesthetic, landscaping, and setback impacts of any ramps or other features
necessitated by accessibility requirements.
8. 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.
9. The existing mature trees shall be
preserved in their present location on site, relocated to a specific location
on site or replaced with specimen trees to the satisfaction of the
Architectural Review Board.
10. In addition to other landscaping
requirements, the Architectural Review Board, in its review, shall ensure that
at least 50% (approximately 265 square feet) of the unexcavated north side yard
setback area shall be adequately landscaped.
11. Plans for final design, landscaping,
screening, trash enclosures, and signage shall be subject to review and
approval by the Architectural Review Board.
12. 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.
13. Construction period signage shall be
subject to the approval of the Architectural Review Board.
14. Landscaping plans shall comply with Part
9.04.10.04 (Landscaping Standards) of the zoning ordinance including use of
water-conserving landscaping materials, landscape maintenance and other
standards contained in the Subchapter.
15. Refuse areas, storage areas and mechanical
equipment shall be screened in accordance with SMMC Section 9.04.10.02.130 and 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.
16. 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
17. 17. 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
18. 18. 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.
19. 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 SMMC Chapter 7.40.
20. 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.
21.
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.
22.
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.
23.
The applicant shall submit a report from an industrial hygienist to be
reviewed and approved as to content and form by the Environmental and Public
Works Management/Environmental Programs Division. The report shall consist of a hazardous
materials survey for the structure proposed for demolition. The report shall include a section on
asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos
survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead,
which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be
considered by the industrial hygienist shall include: mercury (in thermostats,
switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light
Ballast), and fuels, pesticides, and batteries.
Construction
24.
Existing and proposed fences, walls, or hedges shall not exceed forty
two inches in height when located in a required front yard.
25.
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.
26.
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.
27. 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. Immediately after commencing dirt removal
from the site, the general contractor shall provide the City of
28. Street trees shall be maintained,
relocated or provided as required in a manner consistent with the City's
Community Forest Management Plan 2000, per the specifications of the Open Space
Management Division of the Community and Cultural Service Department and the
City’s Tree Code (SMMC Chapter 7.40).
29. 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.
30. 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.
31. 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.
32. 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
33. 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 shower head.)
34. 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 Environmental and Public Works Management
Department will set specific requirements.
Building Permit plans shall show the required installation.
Miscellaneous
DCP Conditions
35. The building address shall be painted on
the roof of the building and shall measure four feet by eight feet (32 square
feet).
36. 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.
37. 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.
38. Lofts or mezzanines shall not exceed
33.3% of the room below unless compliance with the district's limits on number
of stories can be maintained. Lofts or
mezzanines located in studio units shall not exceed 99 square feet unless
parking in compliance with Zoning Ordinance requirements is provided.
39. 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.
40. 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.
41. 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.
42. 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.
43. 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.
44. No furniture shall be permitted on the
rooftop decks above the second floor. This condition shall also be reflected in
the CC & R's.
Validity
of Permits
45. 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.
46. 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 City Planning Division. Failure to comply with this condition shall
constitute grounds for potential permit revocation.
47.
This determination shall not become effective for a period of fourteen
days from the date of determination or, if appealed, until a final
determination is made on the appeal. Any
appeal must be made in the form required by the Zoning Administrator. 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.
Pursuant to SMMC Section 9.04.10.02.450(d), if the Building Office
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 Office 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 life of the Design
Compatibility Permit 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 one-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.
48. 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 Design
Compatibility Permit.
49. Applicant is advised that projects in the
California Coastal Zone may need approval of the California Coastal Commission
prior to issuance of any building permits by the City of
Special Conditions
50. 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.
Affordable Housing
Obligation
51. Pursuant to Santa Monica Municipal Code (SMMC)
Chapter 9.56, the project is subject to the City's Affordable Housing
Production Program which requires an 3-unit development to provide either 1
very low income affordable unit or 1 low or moderate income affordable unit
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),
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 1/24/05 is 5871.78 square
feet. The project’s affordable housing
fee based on this floor area would be $64,648.30. 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 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
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.
12. Prior to issuance of a Certificate of
Occupancy, the owner shall dedicate the rear 2.5' of the property for future
alley widening to the satisfaction of the Department of Environmental and
Public Works.
VOTE
Ayes: Brown, Clarke, Dad, Hopkins, Johnson,
Pugh
Nays: None
Abstain: None
Absent: O’ Day
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
_____________________________ _____________________________
Barbara Brown, 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.
Applicant's Signature
