Planning Commission Mtg: 7/17/96             Santa Monica, CA

TO:       The Honorable Planning Commission

FROM:     Planning Staff

SUBJECT:  Conditional Use Permit 95-015 and Vesting Tentative
Tract Map 52024 and Adoption of Mitigated Negative Declaration

        Address:                                                  1217 Yale Street
        Applicants:   Probity International 

INTRODUCTION

Action:  Application for Conditional Use Permit 95-015, Vesting
Tentative Tract Map 52024  to allow the construction of an eleven
unit condominium project.  The proposal does not meet all
applicable development standards in that the amount of
landscaping in the required yards and the building stepbacks do
not meet the required minimum amounts.  

Recommendation:  Approval with conditions.

Permit Streamlining Expiration Date:  January 17, 1997  

Subdivision Action Deadline:   September 5, 1996

SITE LOCATION AND DESCRIPTION

The subject property is a 17,037 sq. ft. parcel located on the
east side of Yale Street between Arizona Avenue and Wilshire
Avenue having a frontage of 100.17 feet.  Surrounding uses
consist of a parking lot and a commercial building in the C-6
District to the north, a one story apartment building and a two
story multifamily building in the R2 District to the east, a one
story multi-family structure in the R2 District to the south, and
a two story multi-family structure under construction across Yale
Street to the west.  The site is currently vacant.  

Zoning District: R2   Low Density Multiple Family Residential
District   

Land Use District:  Low Density Housing

Parcel Area: 100.17 x 170.08 = 17,037 square feet  

PROJECT DESCRIPTION

Proposed is the construction of a 2 story, 30 ft. tall, 11 unit
condominium building with a 24 space subterranean parking garage
accessed from Yale Street.  The townhouse floor plan features the
living room, kitchen and half baths on the ground floor, two or
three bedrooms with 2 full baths on the second floor, and a
mezzanine above.

MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE

The proposed project is not consistent with the Municipal Code
nor in conformity with the General Plan as shown in Attachment A
in that  the amount of landscaping in the required yards and the
building stepbacks do not meet the minimum amounts required by
Code and require a stepback modification to be approved by the
Architectural Review Board.  Conditions have been included to
address these inconsistencies.

CEQA STATUS

In accordance with CEQA an Initial Study was prepared for this
project to determine the most appropriate environmental
documentation necessary to satisfy CEQA.  A Mitigated Negative
Declaration is proposed.  Approval of the project requires
adoption of the Negative Declaration.  A resolution certifying
the document is included as Attachment H for Commission adoption.

FEES

The project is subject to a Parks and Recreation Facilities Tax
of $200 per unit ($2,200) and a Condominium Facilities Tax of
$1,000 per saleable unit ($11,000) for a total tax of $13,200.

PUBLIC NOTIFICATION

Pursuant to Municipal Code Section 9.04.20.20.080, within 30 days
after the subject application was deemed complete, the applicant
posted a sign on the property stating the following information: 
Project case number, brief project description, name and
telephone number of applicant, site address, date, time and
location of public hearing, and the Planning and Zoning Division
phone number.  It is the applicant's responsibility to update the
hearing date if it is changed after posting.

In addition, pursuant to Municipal Code Section 9.04.20.22.050,
notice of the public hearing was mailed to all owners and
residential and commercial tenants of property located within a
500 foot radius of the project at least ten consecutive calendar
days prior to the hearing.  A copy of the notice is contained in
Attachment C.

The applicant has contacted the Mid-City Neighbors and this
project was presented and discussed at two of their meetings. 
The applicant indicates that the residents and owners of the
properties adjacent to the subject project were included in at
least one of these meetings and that no opposition was voiced.  

ANALYSIS

Project Design

The proposed townhome units contain between 1,445 and 2,160
square feet per unit, with one smaller unit containing 1,244
square feet.  The first floor of the residential units are
grouped into two separate buildings, separated by a gated
courtyard.  The structures are joined by architectural features
on the second floor for the appearance of a single structure.    

The building is two stories and has a maximum height of 30 ft.
above Average Natural Grade.  Each unit contains over 200 sq. ft.
of private open space consisting of ground floor patios, upper
level balconies, and roof decks.  The central courtyard provides
common openspace and contains a fountain and landscaping.  

Parking and Circulation
     
Vehicular access is via Yale Street since there is no alley. 
Each unit has two garage parking spaces which are enclosed by
separate garage doors within the subterranean garage;  two guest
parking spaces are also provided within the garage as required.  
Parking and Traffic has approved the size and configuration of
the parking stalls.  Pedestrian access to the subterranean
parking garage is through the individual units and via stairs at
the rear of the property.  

Inclusionary Housing

The project is subject to the City's Inclusionary Housing Program
which requires an eleven-unit development to provide 3.3
inclusionary units.   The Ordinance allows for the payment of an
in-lieu fee for the units as described in Section 9.28.050,
because the site involves the construction of less than twenty
units and the developed use on February 18, 1992 was vacant land. 
The developer, in this case, has elected to satisfy the
inclusionary requirements  through the provision of one on-site
moderate income unit and payment of the in-lieu fee for the
remainder.  This project's affordable housing obligation fee is
currently $124,825.60 (54,272 x [(11 units x .3)- 1]); this fee
will be adjusted for inflation when paid.

Neighborhood Compatibility and Code Compliance  

The project is located in an R2 (Low Density Multiple Family
Residential District) District between Arizona Avenue and
Wilshire Boulevard.  The applicant is developing the project on
two adjacent lots.  Although the project provides a total amount
of landscaping in excess of the minimum amount required by Code,
the amount of landscaping in the front and side yards  does not
meet Code.  A condition has been added to address this. 
Additionally, the development provides a central courtyard in
lieu of the required second level stepback from the front and
side property lines.  The required stepbacks at the perimeter of
projects in the R2 District are intended to reduce the mass of
the building and to lessen the impact of the project on the
neighboring properties as well as providing light and air to
project residents.  The proposed project has approximately 118
square feet stepped back on the upper level of the front
elevation in lieu of the required 139.4 square feet, and
approximately 225 square feet on the north side elevation and
approximately 250 square feet on the south elevation in lieu of
the 405 square feet required on the upper level of each side
elevation.  A condition has been added to require that the
stepback provisions be met.

The Architectural Review Board may approve a modification to the
upper level stepback requirement if it finds that the project
will not detrimental to the property, surrounding properties or
general area and the objectives of the stepback requirements are
satisfied by the provision of alternative stepbacks or other
features which reduce effective mass to a degree comparable to
the relevant standard.  The applicant has presented the interior
courtyard as an alternative stepback of the building area, and
includes the 1,099 square footage of the courtyard in their
submitted stepback calculations (Attachment F, Sheet A2.3A). 
Staff feels that while the courtyard is a valuable feature for
the project, the stepbacks at the front and exterior sides of the
project would be most visible from the street and from adjacent
properties and is the intent of the Code.   This design will
ensure that the project is compatible with the neighborhood.

Environmental Review
 
After preparation of a Draft Initial Study (IS), the City's
Environmental Review Committee determined that a mitigated
negative declaration would be prepared for this project.
(Attachment B).   On June 3, 1996, and June 11, 1996, the Notice
of Availability for the Draft Initial Study and Proposed Negative
Declaration was published in the newspaper.  The 30-day comment
period for the Draft IS and Proposed Negative Declaration expired
on July 8, 1996, by which time no comment letters were received. 
The Initial Study identified mitigation measures to be
implemented that would reduce the potential adverse impacts to be
less than significant.  These mitigation measures are included as
conditions of approval for the project.  These conditions include
minor corrections made to the mitigation measures, such as
correcting City Department names.

RECOMMENDATION

As conditioned, the proposed condominium complies with all
applicable provisions of the Zoning Ordinance and the General
Plan.  The proposed design and use is compatible with the
existing development in the general area.  It is recommended that
the Planning Commission approve the project with the following
findings and conditions. 

TENTATIVE TRACT MAP FINDINGS

1.   The proposed subdivision, together with 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   Low
     Density Multiple Family Residential District Development
     Standards of the Zoning Ordinance and the Low Density
     Housing Multi-family Residential Section 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 standard lot with no unusual
     characteristics.

3.   The site is physically suitable for the proposed density of
     development, in that a 17,037 square foot lot in the R2
     District can accommodate up to 11 units.

4.   The design of the subdivision or the proposed improvements
     will not cause substantial environmental damage or
     substantially and avoidably injure fish or wildlife or
     their habitat, in that the proposed development is an
     infill of urban land and does not currently support fish or
     significant wildlife.

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 and the General Plan.

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 Yale Street.

CONDITIONAL USE PERMIT FINDINGS

1.   The proposed use is one conditionally permitted within the
     subject district and complies with all of the applicable
     provisions of the "City of Santa Monica Comprehensive Land
     Use and Zoning Ordinance", in that the proposed condominium
     complies with the R2 District Development Standards of the
     Zoning Ordinance and the Low Density Housing  Multi-family
     Residential Section of the Land Use Element of the General
     Plan.

2.   The proposed use would not impair the integrity and
     character of the district in which it is to be established
     or located, in that it is an infill located in an existing
     multi family residential area and is compatible in scale,
     density, and use to surrounding properties.

3.   The subject parcel is physically suitable for the type of
     land use being proposed, in that the property is currently
     developed for residential purposes and has all necessary
     public improvements and access to utilities.

4.   The proposed use is compatible with any of the land uses
     presently on the subject parcel if the present land uses
     are to remain, in that the site is currently vacant and the 
     proposed use is residential.

5.   The proposed use would be compatible with existing and
     permissible land uses within the district and the general
     area in which the proposed use is to be located, in that it
     is similar in both scale and use to surrounding buildings
     and the development complies with the Code requirements.

6.   There are adequate provisions for water, sanitation, and
     public utilities and services to ensure that the proposed
     use would not be detrimental to public health and safety,
     in that the proposed development is an infill of urban land
     adequately served by existing infrastructure.

7.   Public access to the proposed use will be adequate, in that
     the site is adequately served by existing streets.

8.   The physical location or placement of the use on the site
     is compatible with and relates harmoniously to the
     surrounding neighborhood, in that all setbacks, lot
     coverage and height requirements for the R2 District have
     been met and the building design is of a scale compatible
     with the surrounding neighborhood.

9.   The proposed use is consistent with the goals, objectives,
     and policies of the General Plan, in that the area is
     defined as a multi-family residential area in the Land Use
     Element of the General Plan.

10.  The proposed use would not be detrimental to the public
     interest, health, safety, convenience, or general welfare,
     in that the project is an appropriate and compatible use in
     the R2 District and complies with the provisions of the
     Zoning Ordinance and the General Plan.

11.  The proposed use conforms precisely to the applicable
     performance standards contained in Subchapter 9.04.12 and
     special conditions outlined in Subchapter 9.04.14 of the
     City of Santa Monica Comprehensive Land Use and Zoning
     Ordinance, in that the condominium development does not
     contain any of the special features described in the
     aforementioned Subchapters and, therefore, the Performance
     Standards and Special Conditions relating to those features
     do not apply to the development.

12.  The proposed use will not result in an over-concentration
     of such uses in the immediate vicinity, in that the area is
     defined as a multi-family residential district, and the
     project complies with the unit per acre density limitations
     set in the Land Use Element of the General Plan.

CONDITIONAL USE PERMIT CONDITIONS

Plans

1.   This approval is for those plans dated 8\22\95, 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 other 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 Santa Monica.

3.   Final parking lot layout and specifications shall be
     subject to the review and approval of the Parking and
     Traffic Engineer.

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.

8.   In addition to other landscaping requirements, the
     Architectural Review Board, in its review, shall ensure
     that at least 50% of the required front and side yard
     setback shall be adequately landscaped. 

9.   Plans for final design, landscaping, screening, and trash
     enclosures 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 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
     screened in accordance with SMMC Section 9.04.10.02.130-90.04.10.02.150.  Refuse areas shall be of a size adequate
     to meet on-site need, including recycling.  The
     Architectural Review Board in its review shall pay particu-
     lar 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 unit(s) on the subject lot,
     per and subject to the provisions of Section 6.80.010 et
     seq. of the Santa Monica Municipal Code.

Construction

16.  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.

17.  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.

18.  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.

19.  Street trees shall be maintained, relocated or provided as
     required in a manner consistent with the City's Tree Code
     (Ord. 1242 CCS), per the specifications of the Community
     and Cultural Services Division and the Department of
     Environmental and Public Works Management.  No street tree
     shall be removed without the approval of the  Community and
     Cultural Services Division.

20.  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.

21.  The property owner shall insure any graffiti on the site is
     promptly removed through compliance with the City's
     graffiti removal program.

22.  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.

23.  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

24.  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.)

25.  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 CUP Conditions

26.  The building address shall be painted on the roof of the
     building and shall measure four feet by eight feet (32
     square feet).

27.  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.  

28.  Street and/or alley 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 Management.

29.  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.

30.  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.

31.  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 soundrated
     parapet enclosure.

32.  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.

33.  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.

Validity of Permits

34.  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.

35.     Within ten days of Planning and Zoning 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.

36.  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 term of approval of this
     permit shall expire two years from the permit's effective
     date, unless a building permit has been issued for the
     project prior to the expiration date.  This approval shall
     also expire if the building permit expires, or the rights
     granted under this approval are not exercised within one
     year of the earliest to occur of the following:  issuance
     of a Certificate of Occupancy or, if no Certificate of
     Occupancy is required, the last required final inspection
     for new construction.  A one year extension of the two year
     period may be permitted if approved by the Director of
     Planning.  Applicant is on notice that extensions may not
     be granted if development standards relevant to the project
     have changed since project approval.

37.  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 Conditional Use Permit.

Special Condition

38.  Prior to Architectural Review Board submittal the applicant
     shall revise the project plans to provide second story
     stepbacks which comply with SMMC Section 9.04.08.06.060(j).

Inclusionary Unit Condition

39.  The developer shall covenant and agree with the City of
     Santa Monica to the specific terms, conditions and
     restrictions upon the possession, use and enjoyment of the
     subject property, which terms, conditions and restrictions
     shall be recorded with the Los Angeles County Recorder's
     Office as a part of the deed of the property to ensure that
     three point three (3.3) affordable units are provided and
     maintained over time and through subsequent sales of the
     property.  An inclusionary requirement of thirty percent,
     excluding any density bonus units, under State Government
     Code Section 65915, shall apply to the project of which 1
     unit shall be affordable to households not exceeding sixty
     percent of the (HUD) Los Angeles County median income,
     expending not over 30% of monthly income on housing costs,
     as specified by the Housing Division of the Department of
     Community Development.

     This agreement shall be executed and recorded prior to
     approval of the Final Map.  Such agreement shall specify 1)
     responsibilities of the developer for making the unit(s)
     available to eligible tenants and 2) responsibilities of
     the City of Santa Monica to prepare application forms for
     potential tenants, establish criteria for qualifications,
     and monitor compliance with the provisions of the
     agreement.

     Owner shall provide the City Planning and Zoning Division
     with a conformed copy of the recorded agreement prior to
     approval of the Final Map.

     Developer may satisfy the obligations created by this
     Agreement by demonstrating to the Director of Planning
     compliance with Santa Monica Municipal Code Chapter 9.28,
     which provides implementation standards for this program. 
     Section 9.28.050  establishes criteria which determines
     under which circumstances an in-lieu fee may be paid to
     satisfy part or all of a project's inclusionary housing
     obligation.  The developer of this project may select the
     in-lieu fee payment option to satisfy this project's
     requirement for low income inclusionary units and for any
     fraction of a unit required.  Required moderate income in-
     clusionary units must be provided on site.  Fifty percent
     of the in-lieu fee shall be paid prior to issuance of a
     building permit and the remaining fifty percent shall be
     secured by an irrevocable letter of credit in favor of the
     City prior to issuance of a building permit.  Fees must be
     paid in full prior to issuance of a certificate of
     occupancy.

TENTATIVE PARCEL 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 Sections 9.04.16.030(e)
     of the Santa Monica Municipal Code.  During this time
     period the final map shall be presented to the City of
     Santa Monica for approval.  No building permit for the
     project will be granted until such time as the final map is
     approved by the Santa Monica City Council.

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 9.04.16.030(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.   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
     Planning and Zoning Division before issuance of a Building
     permit.

10.  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.

Mitigation Measures

1.   The project applicant shall comply with the recommendations
     identified in the April, 1995 Geotechnical Investigation,
     prepared by Applied Earth Sciences.

2.   All grading, landform modifications and construction shall
     be in conformance with state-of-the-practice design and
     construction parameters.  Typical standard minimum
     guidelines regarding regulations to control excavations,
     grading, earthwork construction, and provisions for the
     approval of plans and inspection of grading construction
     are set forth in Chapter 70 of the latest version of the
     Uniform Building Code.  Compliance with these standards
     shall be evident on project grading and structural plans. 
     This measure shall be monitored by the City Building and
     Safety Division through periodic site inspections.

3.   Precise grading plans shall include an Erosion, Siltation,
     and Dust Control Plan to be approved by the City Engineer. 
     The Plan shall include provisions for mitigation measures
     such as temporary irrigation, sandbagging and a compaction
     program.  The Plan shall ensure that discharge of surface
     runoff from the site during construction activities shall
     not result in increased erosion or siltation discharge to
     existing drainage facilities.

4.   The following erosion control measures shall be implemented
     in order to limit wind and water erosion:
  
     a) Minimize the length of time that soils lie
        exposed.
     b) Regularly water cleared and grubbed areas, in
        compliance with City requirements and South
        Coast Air Quality Management District Rule 403,
        as revised.
     c) Establish desirable vehicle speeds within the
        construction area.
     d) The project applicant and the contractor shall
        meet the erosion control provisions in
        construction documents to prevent wind and water
        erosion (subject to the review and periodic site
        inspections by City Staff).

5.   Construction of the project shall comply with SCAQMD Rule
     403, as revised. The applicant shall obtain approval of a
     dust control plan from the Building and Safety Division
     prior to issuance of grading permits.  Dust reducing
     measures shall include regular watering of graded surfaces,
     restriction of all construction vehicles and equipment to
     travel along established and regularly watered roadways,
     covering open truck loads of dirt by a tarpaulin or other
     secure covering and suspending operations that create dust
     during windy conditions (winds greater than 25 MPH).

6.   The applicant shall comply with the Subdivision Map Act,
     Building Energy Efficient Standards and State and local
     laws for energy conservation.  Compliance shall be
     determined by the Building and Safety Division during
     building plan review.

7.   Prior to building permit issuance, the applicant shall
     demonstrate to the satisfaction of the City of Santa Monica
     Building and Safety Division that the subterranean parking
     garage would provide acceptable air quality conditions
     within and adjacent to the structure. If determined
     necessary by the City, additional design/circulation
     features may be required to further improve parking garage
     air quality, including restricted parking areas and/or a
     parking management plan, and an improved ventilation
     system.

8.   Construction activities shall be limited to the hours
     stipulated in the City Noise Ordinance.  No construction
     activity shall be allowed on Sundays or federal holidays. 
     In addition, construction equipment should be fitted with
     appropriate muffling devices. Compliance with this measure
     is subject to periodic inspections by City staff. 

9.   The project shall comply with the City's Noise Element
     standards to ensure that increasing noise levels resulting
     from the increase in traffic would be properly mitigated to
     less than significant levels.  Strict enforcement of noise
     insulation standards would help prevent residents from
     being impacted by noise. 

10.  Security lighting shall be directed inward and shielded
     from adjacent uses at the periphery of the site.

11.  The structure's glass surfaces shall comply with the City
     of Santa Monica Zoning Ordinance's Section 9040.7 which
     restricts the amount of reflective materials. The project
     design shall utilize non-reflective glass to reduce glare.

12.  Light from entryways, balconies, etc., shall be directed
     toward the structure rather than away from the structure. 
     In order to offer proper lighting around the building,
     lights shall be shielded from adjacent uses providing that
     security and safety will not be compromised.  Consistent
     with legitimate safety concerns, all exterior lighting
     shall be unobstructed and constructed or located so that
     only the intended area is illuminated, long-range
     visibility is reduced, and off-site glare is minimized. 
     When practical, low voltage and/or color balanced
     fluorescent fixtures shall be used to minimize light spill
     onto adjacent properties with low level lights, such as
     step lights, bollards and hooded lamps.

13.  Short-term mitigation to roadway use shall be mitigated
     prior to commencement of construction activities. This
     shall consist of prior notices, adequate sign-posting,
     detours and use of flagmen. Proper detours and warning
     signs shall be established to ensure public safety and
     construction activities shall proceed in a timely manner to
     reduce impacts.

14.  Water system design and all public water mains, meters, and
     appurtenances shall be installed and constructed in
     compliance with the applicable standards, specifications,
     policies, and regulations of the City of Santa Monica and
     construction phasing plan shall be approved, prior to
     project final/or occupancy permits.
 
15.  All water mains shall be sized to convey peak hour demands
     or maximum day demands with fire flows, prior to occupancy
     permits.  All public streets and easements shall be capable
     of containing and conveying the design fire flow capacity,
     as determined by the City Fire Department.

16.  Prior to the issuance of building permits, the project
     applicant shall demonstrate use of low water use fixtures,
     plumbing fixtures and appliances, to the satisfaction of
     the City Building and Safety Division.  These devices may
     include the following:

     Interior:

        Supply line pressure:  Reduce water pressure greater
        than 50 psi to 50 psi or less by means of a pressure-reducing valve.
        Drinking fountains:  Equip drinking fountains with self-closing valves.
        Ultra-low flush toilets:  Install 1.6 gallon per flush
        toilets in all new construction.

     Exterior:

        Landscape with low water-consuming plants wherever
        feasible.
        Minimize use of lawn by limiting it to lawn-dependant
        uses.
        Group plants of similar water use to reduce over
        irrigation of low-water-using plants.
        Use mulch extensively in all landscaped areas.  Mulch
        applied on top of soil will improve the water-holding
        capacity of the soil by reducing evaporation and soil
        compaction.
        Preserve and protect existing trees and shrubs. 
        Established plants are often adapted to low-water-using
        conditions and their use saves water needed to establish
        replacement vegetation.
        Install efficient irrigation systems which minimize
        runoff and evaporation and maximize the water which will
        reach the plant roots.  Drip irrigation, soil moisture
        sensors, and automatic irrigation systems are a few
        methods to consider in increasing irrigation efficiency
        and may be feasible for the project.
        Use pervious paving material whenever feasible to reduce
        surface water runoff.

17.  Prior to issuance of occupancy permits, the project
     applicant shall provide the City with evidence of
     compliance with the City of Santa Monica Comprehensive
     Waste Reduction and Recycling Plan set forth in accordance
     with the California Integrated Waste Management Act of 1989
     (AB 939) which requires jurisdictions to divert 25 percent
     of solid waste from landfills by the year 1995 and 50
     percent by the year 2000, and mandates recycling programs
     for each jurisdiction in California. 

18.  Prior to the issuance of any building permits, a site plan
     delineating the capacity, number, and location of all
     proposed solid waste and recyclable collection areas shall
     be submitted and approved by the City of Santa Monica. 
     Further, each location shall be verified by the City of
     Santa Monica Environmental and Public Works Management
     Department, prior to the issuance of any certificates of
     use and occupancy.

19.  The proposed project shall follow the current practice of
     the City of Santa Monica for curbside collection and
     recycling programs in the residential areas of the City,
     including mixed wasted processing and recovery in both
     residential and commercial areas, as specified by the
     Source Reduction and  Recycling Element (SRRE) for the City
     of Santa Monica. 

20.  The applicant shall utilize special landscape treatments to
     minimize the amount of yard trimmings and waste from the
     proposed project area, to the satisfaction of the City
     Environmental and Public Works Management Department, as
     part of building permit review and approval.

21.  The project applicant shall comply with all applicable
     codes and ordinances regarding construction, access, water
     mains, fire flows, and fire hydrants.  The applicant shall
     provide adequate final fire flow, as determined by the City
     Fire Department, based on building size, relationship to
     other structures and property lines, and the type of
     construction proposed.

22.  Prior to the recordation of a final parcel map (except for
     a conveyance map), if required by the Fire Department,
     water improvement plans shall be submitted to and approved
     by the Fire Chief for adequate fire protection and
     financial security posted for the installation.  The
     adequacy and reliability of water system design, location
     of valves, and the distribution of fire hydrants will be
     evaluated and approved by the Fire Chief.

23.  The project applicant shall pay the appropriate school
     impact fee, as required by the  Santa Monica-Malibu School
     District.

24.  The project applicant shall pay the appropriate parks and
     recreational facilities tax as assessed by the City of
     Santa Monica. 

25.  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.

26.  Prior to the commencement of construction activities, the
     project applicant shall prepare for the approval of the
     Building Division, a rodent and pest control plan to ensure
     that construction activities at the site do not create pest
     control impacts on the project neighborhood. 

27.  Sidewalks, curbs, gutters, alleys, 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 building permit issuance. 

28.  If archaeological resources are encountered during project 
     excavations, construction activities shall temporarily
     cease until the applicant has contracted with the project's
     City-certified archaeologist to perform a subsurface test-level investigation and surface collection, as appropriate. 
     The test-level report evaluating the site shall include
     discussion of significance (depth, nature, condition and
     extent of the resources), final mitigation recommendations
     and cost estimates.  Final mitigation shall be carried out
     based upon the test-level report recommendations and a
     determination as to the site's disposition by the City
     Planner.  Possible determinations include, but are not
     limited to, preservations, salvage, partial salvage or no
     mitigation necessary.

29.  If it is determined that the encountered resources are
     significant, the project's City-certified archaeologist
     shall be contracted, by the project developer, to record
     the site and develop and implement a mitigation recovery
     plan to mitigate project impacts to the resources. 
     Recovered resources must be curated and documented in
     accordance with City and professional archaeological
     practices, guidelines and standards.  A final report of the
     recovery (salvage) operation shall be submitted and
     approved by the City Planner, prior to resumption of any
     grading within the mitigated archaeological site.

30.  If additional archaeological resources are discovered, the
     archaeologist shall determine appropriate actions, in
     cooperation with the project developer, for exploration
     and/or salvage.

31.  Prior to issuance of building permit, landscaping and
     irrigation plans shall be submitted to the City's
     Architectural Review Board for review and approval in a
     manner prescribed by the Zoning Administrator. 

32.  The Architectural Review Board shall review and approve the
     project's landscape plans, prior to building permit
     issuance. Landscaping plans shall comply with Part
     9.04.10.04 (Landscaping Standards) of the Zoning Ordinance
     including use of water conserving landscaping materials,
     landscape maintenance and other standards contained in the
     Zoning Ordinance. 

33.  Street trees shall be maintained, relocated or provided as
     required in a manner consistent with the City's Tree Code
     (Ord. 1242 CCS), per the specifications of the
     Environmental and Public Works Management Department. No
     street tree shall be removed without the approval of the
     CCS, Parks and Sports Division. 

34.  Prior to issuance of building permits, project site plans
     shall be submitted and subject to architectural review by
     the City of Santa Monica Architectural Review Board.  
35.  Refuse areas, storage areas and mechanical equipment shall
     be screened in accordance with SMMC Section
     9.04.10.02.130-05.10.02.150. 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 roof-top 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. 

Prepared by:  Laura Beck, Associate Planner

Attachments:

A.  Municipal Code and General Plan Conformance
B.  Preliminary Final Initial Study and Proposed Negative
    Declaration
C.  Notice of Public Hearing
D.  Radius and Location Map
E.  Photographs of Site and Surrounding Properties
F.  Plot Plan, Floor Plans and Elevations
G.  Vesting Tentative Tract Map 52024
H.      Resolution Certifying the Mitigated Negative Declaration
                                                              
                          ATTACHMENT A
                                
           MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE


Category

Permitted Use


Dwelling Units


Height of
Building


Number of
Stories


Height of
Walls


Setbacks
Frontyard

Sideyard





Rearyard

Stepbacks











Projections
Into
Yards


Building
Height
Projections


Lot Coverage

Parking Access





Parking Space
Number




Trash Area




Mechanical
Equip.
Screening







Location of
Mechanical
Equipment



Frontyard
Landscaping



Unexcavated
Frontyard


Sideyard
Landscaping






Unexcavated
Sideyard


Private Open
Space



Inclusionary
Units/
Fees
Land Use
Element

Low Density
Housing


- - -


- - - 


- - - 


N/A



N/A

N/A




N/A

N/A
















N/A



N/A

Alley access
is
encouraged
when alley
exists.



N/A





N/A




N/A








N/A





N/A




N/A



N/A







N/A



N/A



Housing
Element
requires
provision
of
inclusionary
units.
Municipal Code

Mulit-family
Dwelling Units


1 Dwelling
Unit @ 1,500
s.f. = 11
units

30 ft. maximum


2 stories
maximum


42" frontyard,
8' side and
rear yards 


20 feet 

5'+(2 stories
x100')   50=
9'             
   




15' minimum

Above 14'
front
elevation >
61.5 ft. must
be stepped
back avg.4%
(6.8')  =
139.4 sq. ft. 

Side elevation
> 50% max
(67.5') must
be set back 4%
(6 ft.) = 405
sq. ft. each
side.

Chimney:  18"
s.y.
Balconies: 30"
f.y.


Chimney:  5'



50% Maximum

Alley access
is
required when
alley exists,
with except-
ions per
Section
9.04.10.08.080
2 covered
parking
spaces per
unit plus 2
guest  spaces
required = 24
spaces


Trash
enclosure
with minimum
5-8'
solid walls &
gate
is required.

Mechanical
equip-
ment extending
more than 12"
above roof
parapet
shall be fully
screened from
a
horizontal
plane.


Not permitted
on
side of
building if
adjacent to a
residential
building
on an
adjoining lot.

Minimum 50% of
required
frontyard
shall be
landscaped
= 1000 sq. ft.

Minimum 50%



Minimum 50% of
both required
side-
yards shall be
land-
scaped.  A
total of
675 sq. ft. is
required on
each
sideyard.

Four feet
required
along  side
property line.

50 sq.
ft./unit



Must provide
2.3 low income
deed-restricted,
afford-
able unit or
pay in-
lieu fee of
$124,825.60
(prior to CPI
adjustment)
plus 1
moderate
income deed-restricted
unit on-site.

Project

Multi-family
Dwelling Units


11 Dwelling
Units


30' to roof 


2 stories


Not specified.
Shall comply


20 feet

9 feet both
sideyards;
portions of
the building
at 12' 


15 feet

Does not
comply.  118.2
sq. ft.
additional
front setback
provided.


Does not
comply. 225.66
sq. ft. 
additional
step-
back north; 
249.5 sq. ft
south 

Chimney:  24"
into
s.y.  Shall
comply.
Balconies: 30"
f.y.

Chimney not
shown. Shall
comply.


50%

No alley
access from
Yale Street




24 parking
spaces
provided in
subterranean
garage.


Complies; 9' x
7.4' trash
area within
garage. 


Mechanical
equipment to
be enclosed in
building
envelope.





Shall comply. 





43% provided
(875 sq. ft.). 
Must comply
prior to ARB
submittal.


Complies; 61%
(1,226 sq.
ft.)
unexcavated.

585 sq. ft. of
landscaping
provided
south; 564 sq.
ft. provided
north



Four feet
provided along
both sides.


Patios,
balconies &
roof decks >
100 sq.
ft./unit

Will comply
with
requirements
per
SMMC Chapter
9.28. 1
moderate unit
on-site.  In-lieu fee for
remainder.