Item 7-B
City of Santa
Monica
City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
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PROJECT CASE
NUMBER: Tentative Parcel Map 05-002
(Parcel Map 62197) LOCATION: APPLICANT: Salvadore A. Flores Property Salvadore A FloresOwner: Belen
Flores CASE
PLANNER: Bruce Leach, Associate
Planner REQUEST: Tentative Parcel Map (TM)
05-002 to allow a four-unit airspace subdivision for condominium purposes. CEQA
STATUS: 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. Moreover, the project, including the
property and any existing improvements have been reviewed, and for the
purposes of CEQA, determined not to be a significant historic resource.
Notwithstanding this CEQA determination, because the existing
structure proposed for demolition is over 40 years old, a permit to demolish the existing
improvements will not be issued until the Landmarks Commission reviews the
demolition permit application and all requirements of SMMC Section
9.04.10.16.010 (d) are met. The City’s
Landmarks Commission retains jurisdiction to review the demolition permit
application and to nominate the improvement as a City Landmark or Structure
of Merit pursuant to the designation criteria and procedures contained in
SMMC 9.36. |
PLANNING COMMISSION ACTION:
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April 20,
2005 |
Public Hearing Date. |
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X |
Approved based on the following findings and subject to
the conditions below: |
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Denied. |
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Other: |
EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:
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April 30,
2005 |
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EXPIRATION DATE OF ANY PERMTS GRANTED:
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April 30,
2007 |
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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.
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Up to
Three (3) Years with Planning Commission approval |
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Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
FINDINGS:
1.
The
proposed map is consistent with applicable general and specific plans as
specified in Government Code Section 65451. Specifically, while the subject
property is not located in an area governed by a specific plan as specified in
Government Code Section 65451, compliance with the City’s General Plan is
required. For the purpose of subdividing the subject parcel, there are two
pertinent policies that must be evaluated with the map; those policies relate
to building height and unit density. As noted and shown on the subject map, the
project complies with applicable policies, including unit density and height
standards for the low density housing land use designation.
2.
The
design or improvement of the proposed subdivision is consistent with applicable
general and specific plans. Specifically, while the subject property is not
located in an area governed by a specific plan, compliance with the City’s
General Plan is required. As noted and shown on the subject map, the proposed
improvements will not exceed land use designation limits to building height and
unit density.
3.
The
site is physically suitable for the type of development. Specifically, the
subject parcel is a standard-sized parcel located within an urbanized area
adequately served by existing roadways and infrastructure. The property is
physically able to accommodate the proposed development.
4.
The
site is physically suitable for the proposed density of development. Specifically,
the subject parcel is a standard-sized parcel located within an urbanized area
adequately served by existing roadways and infrastructure. Moreover the type of
development and unit density is consistent with policies set forth in the
City’s General Plan and other improvements in the general vicinity.
5.
The
design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat, in that the proposed subdivision is located in an
urbanized area that does not contain habitats or would otherwise injure fish
and wildlife.
6.
The
design of the subdivision or the type of improvement is not likely to cause
serious public health problems. The proposed subdivision is for a property
located in an urbanized area and is consistent with other similar improvements
in the area. The subdivision of the parcel does not have the potential disrupt
the urban environment or otherwise cause serious public health problems.
7.
The
design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of,
property within the proposed subdivision. In that there are no public easements
located within the proposed subdivision.
8.
The
proposed subdivision is consistent with any ordinance or law of the City of
CONDITIONS:
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.
Prior
to approval of the Final Map, the requirements of Santa Monica Municipal Code
Section 9.04.10.16.010 (d) shall have been met.
12.
The
proposed condominium project shall comply with all applicable provisions of
Chapter 1, Article IX of the Municipal Code and all other pertinent ordinances
and General Plan policies of the City of
13.
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.
14.
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 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.
15.
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 four-unit
development to provide either one very low income affordable unit or one low or
moderate income affordable unit on-site (SMMC Section 9.56.050), provide the
affordable unit 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 11/16/04 is 6,789 square feet. The project’s affordable housing fee based on this floor area would be $74,746.89. 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.
VOTE
Ayes: Brown,
Clarke, Dad, Hopkins, Johnson, Moyle, Olsen
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
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