STATEMENT OF OFFICIAL ACTION
CASE NUMBER: Tract Map 05-025
APPLICANT: Bill Lagoy
Owner: Naveeda Haroon
REQUEST: Approval of an airspace subdivision for the purpose of constructing six new residential condominium units.
CEQA STATUS: The project is categorically exempt from the provisions of 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. Additionally, on April 11, 2005, the Landmarks Commission reviewed the demolition permit application for removal of the existing structures on site greater than forty (40) years of age. The Landmarks Commission did not determine that these buildings are of historic significance and, therefore, further analysis to consider the potential environmental impact associated with their removal pursuant to CEQA is not required.
PLANNING COMMISSION ACTION
October 19, 2005
Approved based on the following findings and subject to the conditions below.
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.
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.
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 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 (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. 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.
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 No. 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 a six-unit development to provide at least one very low income affordable unit or two low income affordable units or six 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 Program 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.
Ayes: Clarke, Dad, Johnson, O’Day
Absent: Brown, Koning, Pugh
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
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.
Applicant’s Signature Print Name and Title