Item 7-A
City of Santa
Monica
City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
|
PROJECT CASE NUMBER: Development Review Permit 04-009, Design Compatibility Permit 03-010 and Tentative Map 03-010LOCATION: APPLICANT: Plus
Architects Property Owner: CASE
PLANNER: Bruce Leach, Associate
Planner REQUEST: Construction of a two-story,
28’-7” tall, 11-unit condominium building with a 26 space subterranean
parking garage accessed from CEQA STATUS: The Planning Commission certified the Environmental Impact Report (EIR) on November 17, 2004 and adopted an addendum to the final EIR and a Statement of Overriding Considerations on March 16, 2005. |
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 31,
2005 |
Development Review
Permit 04-001 & Design
Compatibility Permit 03-010 |
|
March 26,
2005 |
Vesting Tentative Tract
Map 03-010 |
EXPIRATION DATE OF ANY PERMITS GRANTED:
|
March 31,
2007 |
Development Review
Permit 04-001 & Design
Compatibility Permit 03-010 |
|
March 26, 2007 |
Vesting Tentative
Tract Map 03-010 |
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.
|
12 month |
Development Review
Permit 04-001 & Design Compatibility
Permit 03-010 |
|
Up to
three (3) years |
Vesting Tentative
Tract Map 03-010 |
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:
DEVELOPMENT REVIEW FINDINGS
1.
The
physical location, size, massing, and placement of proposed structures on the
site and the location of proposed uses within the project are compatible with
and relate harmoniously to surrounding sites and neighborhoods, in that Multi-story
apartments dominate development in the general area. Single-family and duplex units are located to the east. The combined building separation provided by
the rear yard setbacks of the single-story units to the east and the side yard
setback of the proposed project provides at least 24 feet between these homes
and the project. This separation softens
the effect of the two-story height of the project. The 21˝ to 30 foot height of the roof along
the east side and the second floor articulation of the project further softens
its apparent height and mass when viewed from the
2.
The
rights-of-way can accommodate autos and pedestrians, including parking and
access, in that the project will provide 26 parking spaces in a subterranean
garage with vehicle and pedestrian access from
3.
The
health and safety services (police, fire, etc.) and public infrastructure (e.g.
utilities) are sufficient to accommodate the new development, in that adequate
health and safety services and public infrastructure are available to serve the
proposed 11-unit residential project.
4.
Any
on-site provision of housing or parks and public open space, which are part of
the required project mitigation measures required in Part 9.04.10.12 (Project
Mitigation Measures) of the City of Santa Monica Comprehensive Land Use and
Zoning Ordinance, satisfactorily meet the goals of the mitigation program, in
that the project will not result in the new construction of 15,000 net rentable
square feet or the addition to an existing commercial project of 10,000 net
rentable square feet or more of office floor area.
5.
The
project is generally consistent with the Municipal Code and General Plan, in
that the 11-unit project implements
City urban design policies, and provides 10 additional residential units which
is consistent with Land Use Element Objective 1.1, to provide adequate housing
for City residents of all incomes, and Land Use Element Policy 1.10 to expand
the opportunity for residential land use while protecting the scale and
character of existing neighborhoods. Redevelopment of the site with 11 new
units is also consistent with General Plan Housing Element Goal 1.0, to promote
the construction of new housing within the City’s regulative framework.
6.
The
11-unit residential project would result in significant effects on the
environment which cannot be eliminated or substantially lessened. However, these significant environmental
effects are acceptable due to overriding considerations. More specifically, this
project has significant, unavoidable traffic impacts. The public benefits from the project would
include a well designed project that
implements City urban design policies on an underutilized multi-family lot,
provides 11 new housing units, three of the units will contain
three-bedrooms, providing much needed housing for families with children, contributes $205,358
to fund the development of affordable housing elsewhere in the City.
These benefits outweigh the significant and unavoidable traffic impacts and a
Statement of Overriding Considerations and Mitigation Monitoring Program was
adopted by Planning Commission Resolution No. 05-002 on March 16, 2005.
TENTATIVE 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, Interim Ordinance No. 2042 and the Low
Density Multi-family Residential District 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 19,072 square foot,
rectangular shaped lot with no unusual characteristics.
3.
The site is physically suitable for the
proposed density of development, in that a 19,072 square foot lot in the R2
District can accommodate up to 13 units.
4. The design of the subdivision or the
proposed improvements will cause substantial environmental damage, in that the
proposed development would cause additional traffic on
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,
General Plan and pertinent development regulations.
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 and pedestrian access from Virginia Avenue.
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 Multi-story
apartments dominate development in the general area. Single-family and duplex units are located to the east. The combined building separation provided by
the rear yard setbacks of the single-story units to the east and the side yard
setback of the proposed project provides at least 24 feet between these homes
and the project. This separation softens
the effect of the two-story height of the project. The 21˝ to 30 foot height of the roof along
the east side and the second floor articulation of the project further soften
its apparent height and mass when viewed from the Twenty Second Street
properties. In addition, the Average
Natural Grade (ANG) that is used to measure the building height for the subject
property is two to three feet lower than the grade of the properties along
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 26 on-site
parking spaces will be provided in a subterranean garage with access from
Virginia Avenue. The subject property is a unique reverse corner lot whose
east side yard abuts the rear yards of six single-family homes that front on
3. The rights-of-way can accommodate autos
and pedestrians, including adequate parking and access, in that the project
will provide 26 parking spaces in a subterranean garage with vehicle and
pedestrian access from
4. The health and safety services (police,
fire etc.) and public infrastructure (e.g., utilities) is sufficient to
accommodate the new development, in that adequate health and safety services
and public infrastructure are available to serve the proposed 11-unit
residential project.
5. Reasonable mitigation measures have
been included for adverse impacts identified in the Environmental Impact Report
that can feasibly be mitigated. However
traffic cannot be reduced to less than significant levels. These significant environmental effects are
acceptable due to overriding considerations.
The project has been redesigned to reduce shadow impacts to less than
significant.
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.
7.
The
11-unit residential project would result in significant effects on the
environment which cannot be eliminated or substantially lessened. However, these significant environmental
effects are acceptable due to overriding considerations. More specifically,
this project has significant, unavoidable traffic impacts. The public benefits from the project would
include a well designed project that
implements City urban design policies on an underutilized multi-family lot,
provides 11 new housing units, three of the units will contain
three-bedrooms, providing much needed housing for families with children, contributes $205,358
to fund the development of affordable housing elsewhere in the City.
These benefits outweigh the significant and unavoidable traffic impacts and a
Statement of Overriding Considerations and Mitigation Monitoring Program was
adopted by Planning Commission Resolution No. 05-002 on March 16, 2005.
CONDITIONS:
DEVELOPMENT
REVIEW and DESIGN COMPATIBILITY PERMIT CONDITIONS
Plans
1.
This
approval is for those plans dated February 21, 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.
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. The
two existing mature palm trees that are located in the front yard shall be
preserved in their present location on site.
8. In
addition to other landscaping requirements, the Architectural Review Board, in
its review, shall ensure that at least 50% of the unexcavated side yard
setbacks shall be adequately landscaped.
9. Plans
for final design, landscaping, screening, trash enclosures, and signage shall
be subject to review and approval by the Architectural Review Board.
10. 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.
11. Construction
period signage, if any, 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.
Fees
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 units on the subject lot, per and subject to
the provisions of Section 6.80.010 et seq. of the Santa Monica Municipal Code.
Demolition
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.
Construction
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
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 City’s Tree Code (SMMC Chapter 7.40).
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.
Environmental Mitigation
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 Environmental and Public Works Management
Department will set specific requirements.
Building Permit plans shall show the required installation.
Miscellaneous 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
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. 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.
36. 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.
37. 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.
38. 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.
39. 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.
40.
No
furniture shall be permitted on the rooftop decks above the second floor. This
condition shall also be reflected in the CC & R's.
41.
The
CC & R’s shall include a provision that discourages residents and their
guest from parking on the street.
Validity of Permits
42. 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.
43. 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.
44.
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,
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.
45. 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.
Monitoring of Conditions
46. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the City Planning Division itself and other City divisions and departments such as the Building and Safety Division, the Department of Environmental and Public Works, the Fire Department, the Police Department, the Planning and Community Development Department and the Finance Department are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and that other responsible agencies are also informed of conditions relating to their responsibilities. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions.
47. CON-1 Construction Impact Mitigation Plan. The applicant shall prepare and implement a Construction Impact Mitigation Plan to provide for traffic and parking capacity management during construction. This plan shall be subject to review and approval by the City and, at a minimum, shall include the following:
• A public
information program to advise motorists of impending construction activities
(e.g., media coverage, portable message signs, and information signs at the
construction site);
• Approval from the
City, or Caltrans if required, for any construction detours or construction
work requiring encroachment into public rights-of-way, or any other street use
activity (e.g., haul routes);
• Timely
notification of construction schedules to all affected agencies (e.g., Police
Department, Fire Department, Department of Environmental and Public Works
Management, and Department of Planning and Community Development);
• Coordination of
construction work with affected agencies five to ten days prior to start of
work;
• A traffic control
plan for the streets surrounding the work area, which includes specific
information regarding the project’s construction and activities that will
disrupt normal traffic flow;
• Minimizing dirt
and demolition material hauling and construction material delivery during the
morning and afternoon peak traffic periods and cleaning of streets and
equipment as necessary;
• Scheduling and
expediting of work to cause the least amount of disruption and interference to
the adjacent vehicular and pedestrian traffic flow. Weekday daytime work on
City streets shall primarily be performed between the hours of 9:00 AM and 3:00
PM;
• Limiting of
queuing of trucks to on-site and prohibition of truck queuing on area roadways;
• Scheduling of
preconstruction meetings with affected agencies to properly plan methods of
controlling traffic through work areas;
• Storage of
construction material and equipment within the designated work area and
limitation of equipment and material visibility to the public; and
• Provision of off-street parking construction workers, which may
include the use of a remote location with shuttle transport to the site, if
determined necessary by the City of
48. CON-4(a) Diesel Equipment Mufflers. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory recommended mufflers
49. CON-4(b) Electrically-Powered Tools. Electrical power shall be used to run air compressors and similar power tools
50. CON-4(c) Restrictions on Excavation and Foundation/Conditioning. Excavation, foundation-laying, and conditioning activities (the noisiest phases of construction) shall be restricted to between the hours of 10:00 AM and 3:00 PM, Monday through Friday, in accordance with Section 4.12.110(d) of the Santa Monica Municipal Code.
51.
CON-4(d)
Additional Noise Attenuation Techniques. For all noise generating
construction activity on the project site, additional noise attenuation
techniques shall be employed to reduce noise levels to City of
52. CON-4(e) Construction Sign Posting. In accordance with Municipal Code Section 4.12.120, the project applicant shall be required to post a sign informing all workers and subcontractors of the time restrictions for construction activities. The sign shall also include the City telephone numbers where violations can be reported and complaints associated with construction noise can be submitted.
Affordable Housing Obligation
53. Pursuant to Santa Monica Municipal Code (SMMC) Chapter 9.56, the project is subject to the City's Affordable Housing Production Program which requires a 12-unit development to provide either 2 very low income affordable units or 3 low or 12 moderate income affordable units 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 project’s floor area as shown on the plans dated 1/26/05 is
18,652 square feet. The project’s affordable housing fee based on this floor
area would be $205,358.52. 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 TRACT 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
5. Prior to
approval of the final map, Condominium Association By-Laws 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
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 approved
map is for an eleven (11) unit airspace subdivision for condominium
purposes. 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.
VOTE
Ayes: Brown,
Clarke, Dad, Hopkins, Johnson, O’ Day, Pugh
Nays: None
Abstain: None
Absent: None
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
Print Name and Title