STATEMENT OF OFFICIAL ACTION
CASE NUMBER:††††† Tentative Parcel Map 05-002 (Parcel Map 62197)
APPLICANT:†††††††††††† Salvadore A. Flores
Property†††††††††††††† Salvadore A Flores
Owner:† ††††††††††††††††† 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 Cityís 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.†
April 20, 2005
Public Hearing Date.
Approved based on the following findings and subject to the conditions below:
April 30, 2005
April 30, 2007
Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit.
Up to Three (3) Years 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.
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 Cityís 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 Cityís 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 Cityís 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.
proposed subdivision is consistent with any ordinance or law of the City of
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.
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.
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 projectís floor area as shown on the plans dated 11/16/04 is 6,789 square feet.† The projectís 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.
Ayes:††††††††††††† Brown, Clarke, Dad, Hopkins, Johnson, Moyle, Olsen
If this is a final decision
not subject to further appeal under the City of
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.
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