Item 7-A
City of Santa
Monica
City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
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PROJECT CASE NUMBER: Tract Map 04-035LOCATION: APPLICANT: Chalous LLC, Michael Malak Property Owner: Chalous LLC, Michael Malak CASE
PLANNER: REQUEST: Approval of an airspace
subdivision for the purpose of constructing eight new residential condominium
units. CEQA STATUS: The project is categorically exempt
from the provisions of CEQA, pursuant to Section 15332, Class 32 of the State
Guidelines in that the proposed project meets the following criteria: 1.
The project is consistent with the applicable general plan designation
and all applicable general plan policies as well as with applicable zoning
designation and regulations. 2.
The proposed development occurs within the city limits on a project
site of no more than five acres substantially surrounded by urban uses. 3.
The project site has no value as habitat for endangered, rare, or threatened
species. 4.
Approval of the project would not result in any significant effects
relating to traffic, noise, air quality, or water quality. 5.
The site can be adequately served by all required utilities and public
services. 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. |
PLANNING COMMISSION ACTION
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October 19, 2005 |
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:
November
3, 2005
EXPIRATION DATE OF ANY PERMITS GRANTED:
November
3, 2007
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.
Maximum 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.
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 subject 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. As noted and shown on the map, the project complies with height
and unit density limitations set forth in the General Plan. The subdivision of
the parcel does not have the potential to 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 SMMC Section 9.20.20.020 and such provisions as are required by SMMC Section
9.04.16.01.030(e).
6.
The
developer shall provide for the payment of a Condominium Tax of $1,000 per
saleable residential unit pursuant to Chapter 6.76 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 SMMC Sections 9.20.12.010 through
9.20.08.090 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.
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.
9.
A
copy of the recorded map shall be provided to the City Planning Division before
issuance of a Building Permit.
10.
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.
11.
The
proposed condominium project shall comply with all applicable provisions of
Article IX of the Municipal Code and all other pertinent ordinances and General
Plan policies of the City of
12.
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.
13.
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.
14.
Prior
to the issuance of a building permit, the applicant shall demonstrate
compliance with Subchapter 9.04.16 Condominiums, including the provisions of
Ordinance 2131 (CCS).
15.
Notwithstanding
any Subdivision Map notations to the contrary, all site run-off shall comply
with applicable provisions of the City’s sustainability program and Municipal
Code requirements.
16.
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 8-unit
development to provide at least 1 very low income affordable unit or 2 low
income affordable units or 8 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), or 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 fee will be calculated prior to payment based on the
requirements of the Affordable Housing Production Program. The fee must be paid
in full prior to the City granting any approval for the occupancy of the
project.
VOTE
Ayes: Clarke,
Dad, Johnson, O’Day
Nays: None
Abstain: None
Absent: Brown, Koning, Pugh
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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 _____________________________ _____________________________ Jay P. Johnson,
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. _____________________________________________________________________
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