STATEMENT OF OFFICIAL ACTION
CASE NUMBER:††††† Design Compatibility Permit (03DCP006) and Vesting Tentative Tract Map (03TM-004)
LOCATION:†††††††††††††† 839 Ninth Street
APPLICANT:†††††††††††† Plus Architects
Owner:† ††††††††††††††††† Haleh Emrani and Mohamad Gueramian
CASE PLANNER: †† Marika Modugno, AICP, Associate Planner
REQUEST:††††††††††††††† Design Compatibility Permit and Vesting Tentative Tract Map to allow the construction of a new two-story, five-unit townhouse style condominium development with eleven subterranean parking spaces located at 839 Ninth Street in the R2 (Low Density Multiple Residential) District.
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 Implementation Guidelines in that the project involves the development of six or fewer multiple-family residential units within a developed, urbanized environment.
January 21, 2004
Public Hearing Date.
Approved based on the following findings and subject to the conditions below:
February 5, 2004
Design Compatibility Permit 03DCP006
January 31, 2004
Vesting Tentative Tract Map 03TM-004 (VTTM 54243)
February 5, 2006
Design Compatibility Permit 03DCP006
January 31, 2006
Vesting Tentative Tract Map 03TM-004 (VTTM 54243)
Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit.
Design Compatibility Permit 03DCP006
Three years, subject to Planning Commission approval.
Vesting Tentative Tract Map 03TM-004 (VTTM 54243)
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/TRACT 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 Medium Density Multi-family Residential Section 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 standard lot with no unusual characteristics located in an urbanized area, improved with existing multi-family buildings, and there is adequate area to accommodate the proposed five unit building with sufficient setbacks provided.
3. The site is physically suitable for the proposed density of development, in that a 7,500 square foot lot in the R2 District can accommodate up to five units.
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 Ninth Court alley and pedestrian access from Ninth 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 two-story, five unit condominium is consistent with the mass and scale of other existing multiple-family, multiple-level structures in the general vicinity.† The east side of Ninth Street features buildings that are one and two-stories in height and immediately adjacent to the subject propertyís south, there is a two-story multiple-family structure and to the north, there is a two-story multiple-family structure.† Utilizing a pitched roof design with building setbacks and upper level setbacks, the proposed project provides an appropriate transiting with the neighborhood between the similar sized buildings adjacent to the north and south and with other similar and smaller sized projects located within the block.
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 in that the proposed project is compatible in height, mass, and scale with other two-story multiple-family structures in the neighborhood.† The stepbacks, open space, and landscaping provisions comply with the zoning requirements.† The setbacks, stepbacks, and sideyard landscaping will ensure adequate light, air, and privacy for the subject adjacent residential structures.† Parking is provided in compliance with the zoning requirements, is accessible from Ninth Court alley, and provides the hazardous visual obstruction clearance to provide safe ingress and egress for vehicles.† The project is pedestrian accessible from street level along the west side.
3.†††††††† The rights-of-way can accommodate autos and pedestrians, including adequate parking and access, in that vehicle access to the subterranean parking is provided from an existing alley (Ninth Court).† Pedestrian access is provided from the existing public street, Ninth Street.† The project provides ten tenant parking spaces and one visitor parking space, consistent with the Zoning Ordinance requirements.† Access to off-street parking, circulation and the parking plan was reviewed and approved by the Cityís Transportation Management Division on October 20, 2003.
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
The following conditions are recommended as standard requirements for condominium development.
1. This approval is for those plans dated December 29, 2003, 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 other 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 Santa Monica.
3. Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Planning Division.
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. 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.
6. 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.
7. In addition to other landscaping requirements, the Architectural Review Board, in its review, shall ensure that at least 50% of the unexcavated side yard setback(s) shall be adequately landscaped.
8. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board.
9. 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.
10. The Architectural Review Board shall pay particular attention to the side yard property line walls.
11. Construction period signage shall be subject to the approval of the Architectural Review Board.
12. Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter.
13. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150.† 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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 Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval.
25. 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 Cityís Tree Code (SMMC Chapter 7.40).† No street trees shall be removed without the approval of the Open Space Management Division.
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.)
31. 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 General Services Department will set specific requirements.† Building Permit plans shall show the required installation.
Miscellaneous DCP Conditions
32. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet).
33. 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.
34. 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.
35. Any lofts or mezzanines shall not exceed 99 square feet unless appropriate required parking is supplied.† Such areas shall also not exceed 33.3% of the room below unless compliance with the district's limits on number of stories can be maintained.
36. 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.
37. 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.
38. 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. Mechanical equipment shall not exceed 70 dBA at the edge of the roofline parapet and shall not exceed permissible standards set forth in the Cityís Noise Ordinance.
39. 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.
40. 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.
Validity of Permits
41. 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.
42. 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 Planning Division.† Failure to comply with this condition shall constitute grounds for potential permit revocation.
43. 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 permitís 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 may not be granted if development standards or the development process relevant to the project have changed since project approval. ††
44.†††††† 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.
45.†††††† 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 Santa Monica.† Applicant is responsible for obtaining any such permits.
46.†††††† 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.
47.†††††† 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.
48. Pursuant to SMMC Section 4.24.030, prior to receipt of the final permit necessary to demolish, convert, or other≠wise 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 (effective July 21, 1998)
49.†††††† 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 five-unit development to provide either one very low cost affordable unit(s) or one low cost affordable unit(s) 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 x applicable %. The projectís floor area as shown on the plans dated 12/15/03 is 7,835 square feet. The projectís affordable housing fee based on this floor area would be $86,263.35.† 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.
50.†††††† 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.
51.†††††† 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.
52.†††††† 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.
53.†††††† 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.
54.†††††† 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).
55.†††††† 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.
56.†††††† 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.
57.†††††† 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.
58.†††††† 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.
59.†††††† A copy of the recorded map shall be provided to the City Planning Division before issuance of a Building Permit.
60.†††††† 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.
Ayes:††††††††††††† Brown, Clarke, Dad, Johnson, OíDay
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.
Darrell Clarke, Chairperson†††††††††††††††††††††† Date
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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