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SR-504-002- . -, L-E 5/lr--&t7z.: .,.~. ~ C SE? 2 7 1988 GS:SES:ME:br 9/19/88 Council Meeting: september 27, 1988 Santa Monica, California TO: Mayor and city Council FROM: city staff SUBJECT: Resolution Supporting a Proposed Site Extension of the Sunshine Canyon Landfill INTRODUCTION This staff report discusses the need for a site extension at the Sunshine Canyon landfill and requests that the city council adopt a resolution in support of the proposed extension. The resolution will be sent to the Los Angeles County Board of Supervisors to express the Ci ty' s support for approval of the permit for site extension. BACKGROUND since the closure of the Mission Canyon landfill in 1980, the Solid Waste Management Division has transported refuse to the Sunshine Canyon landfill located in Sylmar. The Sunshine Canyon landfill, operated by Browning-Ferris Industries (BFI), currently accepts 6,000 tons of refuse daily or approximately 15% of the nonhazardous solid waste generated in Los Angeles County. Although the city transports solid waste to a landfill, the city recognizes that landfills are not the only solution to the waste disposal problem. Over the past several years, Santa Monica has actively pursued alternative means of waste disposal and presently supports an extensive recycling program. The recycling b-E SEP 2 7 1988 . . program includes newspaper, metal cans, and glass collection from residents, thereby diverting 2% of the waste stream from the landfill. In addition, staff will be proposing city composting once new locations to compost tree branches and grass clippings generated by city operations are identified. Staff is also presently investigating the feasibility of a home-composting program which could reduce the solid waste generated in the City by 20%. Finally, in fiscal year 1988-89, staff will develop two proposed waste minimization policies for Council action - one with the objective of encouraging City employees, residents and businesses to minimize all types of waste currently generated, and the second to require new developments to implement on-site recycling systems to reduce future increases in the waste stream. While there do exist some alternative means for solid waste disposal, landfills will continue to be the single most important method in the foreseeable future. Waste to energy plants, which presently cannot meet air quality standards, still require that 25% of the solid waste which is not burnable and the 6% of the waste which becomes an ash by-product be buried in landfills. Also, unless markets are developed for large scale composting of municipal waste, staff believes that recycling can divert no more than 10% of the current waste stream from landfills. At the present rate of use, and unless BFI receives a permit to expand the Sunshine Canyon landfill, it is expected that by 1991 only 3 out of the present 12 landfills in use in Los Angeles county will still be in operation. These three landfills will be - . . Chiquita Canyon, Spadra and Azusa Western, all of which are a significantly farther distance from Santa Monica than Sunshine Canyon. It is difficult to win public approval for new landfills and the permitting process alone requires an average of 7 years to complete. As landfills are closed, the city will be forced to transport its solid waste to more distant landfills. Costs will escalate as longer distances will require additional vehicles, personnel, fuel and maintenance costs to ensure the solid waste is removed from the City in a timely manner. It presently costs $19 per ton to transport the solid waste from the City's transfer station to the Sunshine Canyon landfill. This represents 33% of the total costs of the refuse operation. Therefore, significant increases in transfer and disposal costs will translate into significant increases in the rates paid by customers. The Sunshine Canyon landfill is ecologically one of the best landfill sites in Los Angeles County as -c.he soil types and geotechnical structure allow for the safe and long term disposal of nonhazardous waste. The underlying soil formation is 10 times less permeable than required by the strictest EPA regulations. The area of the planned extension will be farther away from the populated areas near the present site of the landfill. The extension of the sunshine canyon landfill will allow the landfill to continue to receive approximately 15 percen~ of the county's nonhazardous solid waste until the year 2050. In approximately two months, the application for the extension of the landfill will appear before the Planning Commission and the application . . VOTE ON MOTION TO CERTIFY EIR: Ayes: Farivar, Nelson and Pyne Nays: Mechur Abstain: Absent: Hecht and Lambert I hereby certify that this statement of accurately reflects the final determination Commission of the city of Santa Monica. signature print name and title PC/stcup473 SL:nh 09/14/88 - 2 - Official Action of the planning date . AttAc.hmaJt i" CITY PLANNING DIVISION community and Economic Development Department M B M 0 RAN 0 U K DATE: September 7, 1988 TO: The Honorable Planning commission FROM: Planning Statf SUBJECT: CUP 473, CUP 474, CUP 475, CUP 476, CUP 477, CUP 478, Vesting TTM 45454, 45455, 45456, 45457, 45458, Vesting TPM 18719 and EIA 849 Address: 2115, 2722, 2913, 3000 and 3019 Third street and 2222 Fifth street Applicant: Oscar Katz Trust The revision ~o the plans for the above projects (excluding 2222 Fifth Street) resulted in the reduction of eight units (from 87 to 79 units); increase in side yard setbacks; stepping back and removal of third story on some front elevations; break-up of massing to alleviate long, street frontage facades of structures: provision of child play areas; and reduction in shadow impacts. The architect and environmental consultant both will be providing additional background addressing the issue of shadow impacts at the meeting. Although the number of units proposed on these five sites has decreased by nine percent, there has been no decrease in the amount of parking proposed. The supplemental Planning commission packet which was distributed last Friday included, in addition to the revised plans, several letters which were received subsequent to distribution of the original packet. This memorandum provides response to some of the major issues raised in the letter dated August 31, 1988 from Heid! Gral!nsk! and Rand! Johnson. The EIR was prepared to address the Initial Study which was prepared by staff. Although the city's Initial Study was used to prepare the EIR, the environmental consultant omitted the Initial study trom the EIR. The Initial study is attached here for your reference and for inclusion in the Final EIR. The letter noted that the 69-room Santa Monica Beach House Inn was not included on the list of cumulative projects. The cumulative list of projects is set at the beginning of the environmental review process based on pending development applications and, due to logistics of completing an environmental review, is static and not subject to change later in the review process as proposed projects are added or deleted. However, in order to address this concern, the Parking and Traffic Engineer has examined the impacts that the inclusion of the Santa Monica - 1 - . . Beach House Inn would have made on the traffic analysis if it had been included on the cumulative projects list. This information will be available at the meeting. The letter questions why no soils impact section was included in the EIR. In accordance with the City's Guidelines for Implementation of CEQA, grading on land with a slope of less than ten percent (10%) is categorically exempt (Class 4[lJ) and grading on land with a slope ot ten percent (10%) or more is categorically exempt if the site involves 20,000 cubic yards or 'less (Class 4(2]). Each of the sites involves less than 20,000 cubic yards of grading; therefore, the Initial Study did not require a soils impact analysis. If approved, the projects will be required to conform to all City codes involving grading and excavation. The issue of public safety is raised in the letter. As part of the internal review of the Draft EIR for this project, the document was circulated to various departments, including Police and Fire. No special concerns or conditions of approval were stated by these departments. Another concern expressed was the loss of parking spaces on the street. Although the proposed projects involve the net addition of one more driveway than currently exists on the combined properties, neighboring residents most likely have been parking in front of the existing driveways since they are out of use. In practice, approximately 10 parking spaces would be lost DY installation of the new driveways, even though only two spaces in' theory would be lost due to new curb cuts. Temporary loss of on-street parking spaces during construction would approximate an additional six spaces. The addendum to the EIR shows that the 96-unit condominium project would result in a total wastewater generation of 20,700 gpd. This number was obtained by using the wastewater generation factors from the City of Los Anqeles Bureau of Engineering (June 1988). The addendum states that the actual wastewater generation may be lower based on revised generation factors whiCh, at that time, were being developed by the City of Santa Monica. Since the initial preparation of the addendum, Santa Monica has adopted a Wastewater Control Ordinance which specifies different sewage generation factors than those used by Los Anqeles, based on Santa Monica restrictions. Using the Santa Monica factors, the 96-unit condominium project would have a total wastewater generation of 13,535 gpd, as follows: Condominium # Units Factor Gallons per Day 1 bedroom 1 100 gpd/unit 100 2 bedroom 64 130 gpd/unit 8,320 3 bedroom 31 165 gpdjunit 5,115 13,535 gpd The wastewater Control Ordinance specifies two, six-month allocation periods. The current period is from July 1 through - 2 - . . December 31, 1988 and permits a total new wastewater allocation of 86,632 gpd. The allocation is linked to the issuance of building permits and is assigned strictly on a first-come, first-served basis. The total generation of 13,535 gpd flow for the proposed 96 units represents 16% of this total allocation and 8% of the annual allocation. Staff notes that the total number of units currently proposed has been reduced to 88 units, which in turn will reduce the wastewater generation. As of this date, the City has allocated 45% of the available new capacity for the current six-month allocation period. Therefore, adequate wastewater capacity exists for the proposed project if building permits are issued during 1988. Subsequently, additional wastewater allocation of 173,264 qpd will be available annually. Prepared by: Shari Laham, Associate Planner 'Attachment PC/pcmemo SL 09/07/88 - 3 - 1 .,4 CITY OF SAN~ONICA CITY PLANNI~IVISION city Hall, 1685 Main street, Santa Monica, Cal~fornia . IS No. 849 90~01-3295 INITIAL STUDY AND NEIGHBORHOOD IMPACT STATEMENT DATE FILED 6L25/87 I . BACKGROUND " 1. Name of Proponent oscar Ka~Tr~st ( 2. Address and Phone Number of proponent 3101 Ocean Park Blvd., suite 200, Santa Monica, California 90405; (213) 450-6015 3. Project Information: Address Case Number condominium Un~ts 2913 Third street TTM 45454, CUP 473 23 Units 3000 Third street TTM 45455, CUP 474 28 Units 3019 Third street TTM 45456, CUP 475 12 Units 2115 Third ~treet TTM 45457, CUP 476 20 Units 2222 Fifth street TTM 45458, CUP 477 9 Units 2722 Third street TPM 18719, CUP 478 4 Units 4. Initial study Prepared by Richard Mills, Associate Planner II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) Yes Maybe No 1. Earth. will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? x - 1 - CITY OF SANTA~NICA CITY PLANNING~VISION City Hall, 1685 Ma~n street, . IS No. 849 Santa Mon~ca, California 90401-3295 b. Extensive disruptions, displace- ments, compaction or overcovering of soil? x c. Extensive change in topography of ground surface relief features? d. The destruction, covering ~ modification of any unique geological or physical features? ---- - e. Any increase in wind or water erosion of soils, either on or off the site? x x x f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the bed of the ocean or any bay or inlet? x g. Exposure of people or property to geologic hazards such as earthquakes, lands11des, mud- slides, ground failure, or similar hazards? x 2. Air. Will the proposal result in: a. Considerable air emissions or deterioration of ambient air quality? x b. The creation of objectionable odors? x c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? d. Expose the project residents to severe air pollution conditions? 3. Water. Will the proposal result in: x x: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? x b. Extensive changes in absorp- tion rates, drainage patterns, or the rate and amount of surface runoff? x - 2 - . CITY OF SANaONICA CITY PLANNI IVISION City Hall, 1685 Main street, Santa Monica, California c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. considerable reduction in the amount of water otherwise avail- able for public water supplies? i. Exposure of people or property to water related hazards such as flooding or tidal waves? 4. Plant Life. will the proposal result in: a. Change in the diversity of species or number of any species of plants (including trees, shrubs, grass, crops, and aquati~plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or result in a barrier to the normal replen- ishment of existing species? 5. Animal Life. will the proposal result in: a. Change in the diversity of species, or number of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? - 3 - IS No. 849 90401-3295 x x. x x x x x x x x x CITY OF SANT~NICA CITY PLANNING~VISION C~ty Hall, 1685 Ha~n Stree'C, . :s ~;o. 349 Santa Monica, Californla 90401-3295 b. Reduction of the numbers of any unique, rare or endangered spec~~s of animals? c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? x: x d. Deterioration of existing fish or wildlife habitats? x 6. Energy. Will the proposal result in: a. Use of considerable amount of fuels or energy? b. Considerable increase in demand upon existing sources of energy, or require the development of new sources or energy? x x 7. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? x b. Considerable depletion of any nonrenewable natural resource? x 8. Noise. will th~ proposal result in: a. considerable increases in existing noise levels? During construction? x b. Exposure of people to severe noise levels? x 9. Light and Glare. will the proposal produce considerable new light or glare from street lights or other sources? x 10. Shadows. will the proposal produce extensive shadows affecting adjacent uses or property? x 11. Risk of Upset. will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or - 4 - . I CITY OF SAN1IIt10NICA CITY PLANNI~IVISION c~ty Hall, 1685 Main street, Santa Monica, Cal~fornia radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? 12. Human Health. will the proposal result in: a. creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 13. Population. Will the proposal result in: a. Considerable change in the distri- but~on, density, or growth rate of the human population of an area? b. The relocation of any persons because of the effects upon housing, commercial or industrial facilities? c. The relocation or dislocation of employment or businesses? 14. Land Use. will the proposal result in: a. A considerable alteration of the present or planned land use of an area? b. Demolition, relocation, or remodeling of residential, com- mercial or industrial buildings or other facilities? 15. Housing. will the Proposal: a. Create a considerable demand for additional housing? b. Have a considerable impact on the available rental housing in the community? 16. utilities. will the proposal result in a need for new systems, - 5 - IS No. 849 90401-3295 x x x x x x x x x x x CITY CITY CJ..ty OF SANT.NICA PLANNING DIVISIO~ Hall, 1685 na~n st:reet, . IS ~lo. 8~9 Santa MonJ..ca, CalJ..for~ia 90401-3295 or major alterations to the following utilitJ..es: po-..;er ~ natural gas? a. or b. Com:!tl.un:.caticns systems? c. Water? d. S el~er or septic tanks? e. storm l-,Ta tar drainage? f. Solid Waste and disposal? 17. Right of Way. will the proposal result in: a. Reduced lot area? b. Reduced access? c. Reduced off-street parking? d. Creation of abrupt grade dif- ferential between public and private property? 18. Transportation/circulation. Will the proposal result in: a. Generation of considerable additional vehicular movement? b. Effects on existJ..ng parking facilities, or demand for new parking? c. Considerable impact upon existing transit systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 19. Public services. Will the proposal have a considerable effect upon, or result in a need for new or altered - 6 - x x x x x x x x x x x x x x x x . CITY OF SANTA .rCA CITY PLANNING rsrON City Hall, 1685 Main street, Santa Monica, California IS No. 849 90401-3295 governmental services in any of the following areas: . a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facil- ities, including roads? f. Other governmental services? 20. Fiscal. will the proposal have a considerable fiscal effect on the city? 21. Recreation. Will the proposal result in a considerable impact upon the quality or quantity of existing recreational opportunities? 22. cultural Resources. a. Will the proposal result in the alteration of or the destruc- tion of a prehistoric or his- toric archeological site? b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 23. Aesthetics. will the proposed project result in: a. The obstruction of any scenic vista or view open to the public? x - 7 - x x x x x x x x x x x ~ CITY OF SANTA M~A . IS No. 849 CITY PLANNING O~SION City Hall, 1685 Main Street, Santa Monica, California 90401-3295 b. The creation of an aestheti- cally offensive site open to publiq view? x c. The destruction of a stand of trees, a rock outcropping or other locally recognized desir- able aesthetic natural feature: x d. Any negative aesthetic effect? x 24. Neighborhood Effects. Will the proposal have considerable effects on the project neighborhood? 25. Mandatory Findings of siqnificance. a. Does the project have the poten- tial to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal commun- ity, reduce the nn~her or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre-history? b. Does the project have the poten- tial to achieve_short-term, to the disadvantage of long-term, environmental goals? x x x c. Does the project have impacts which are individually limited, but cumulatively considerable? d. Does the project have environ- mental effects which will cause substantial adverse effects on human beings, either directly or indirectly? x x III. DISCUSSION OF ENVIRONMENTAL EVALUATION The project may have significant environmental impacts in the areas noted above, including the cumulative impact of developing the six sites simultaneously. - a - CITY OF SANTA M CITY PLANNING city Hall, 1685 CA SION in Street, Santa Monica, Ca1iforn1a . IS No. 849 90401-3295 IV. DETERMINATION An Environmental Impact Report is necessary. EN28 RM:nh 07/17/87 - 9 - . .- l ftJh CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM D~TE: september 7, 1988 TO: The Honorable Planning Commission FROM: Planning staff SUBJECT: CUP 473, CUP 474, CUP 475, CUP 476, CUP 478, Vesting TTM 45454, 45455, 45456, 45457, Vesting TPM 18719 and EIA 849. Address: Applicant: 2115, 2722, 2913, 3000 and 3019 Third street Oscar Katz Trust SUMMARY Action: Application for Conditional Use Permits and vesting One- Lot Subdivisions to allow construction of five new residential condominium proj eets. (The sixth site, 2222 Fifth Street, is under separate ownership and its public hearing is continued to october 5, 1988.) An Environmental Impact Report (EIR) has been prepared for this project and a resolution certifying the adequacy of the EIR has been prepared. The applicant at this time has not provided staff with modified plans that r-:flect the Planning Co~~ission's direction at the last hearing. This direction was to redesign the projects to address the following concerns: Reduce bulk and scale of project and break up long building facades at street frontage. Improve compatibility of architecture with surrounding neighborhood. Reduce shadow impacts of structures on adjacent units. Provide adequate space for child play areas and increase shared open space. Recommendation: The Planning Commission has two options regarding action on the proposed developments. Although the applicant has had a meeting with staff to verbally describe proposed revisions to the proj- ects, staff has not received any revised plans. - 1 - .( .,- \ The options are as follows: a) Deny the projects since the Planning Commission has not been provided with a detailed staff review and analysis of the revised projects. b) Review any plans and materials which are submitted subsequent to this report and determine if the projects should be approved or denied based on whether the proj- ects adequately address the Commission's concerns as stated at the meeting of July 6, 1988. The original staff reports are attached for your review. Due to time constraints imposed by the State streamlining act, there is no additional allowance for continuation of these five cases. If the Commission elects to approve the projects, the attached staff reports contain the required findings and recommended conditions of approval. Alternatively, if the Commission votes to deny the projects, staff is providing the necessary finding below. ~EQA STATUS The development under consideration includes five of six total condominium projects proposed (the sixth project at 2222 Fifth street has been sold to a new owner). Although the proposed proj- ects would be categorically exempt from environmental review when considered individually, (Class 3(14) of the city Guidelines for Implementation of CEQA), the applicant requested preparation of an Environmental Impact Report to ensure that all environmental is- sues are considered cumulatively for the six projects. Therefore, an Environmental Impact Report (EIA 849) was prepared for all the projects together, which consisted of a total of 96 residential condominium units on six separate sites with~n Ocean Park. Copies of the Draft EIR were distributed to the Planning commission at the beginning of the 4S-day public review period. All COllUllents received and responses to the comments are incorporated in the attached Final EIR. As requested by the Planning Commission at the meeting of July 6, 1988, an addendum to the Final EIR has been prepared to provide additional background to demonstrate how the sewage generation of the proj ect was determined. The addendum provides the actual sewage generation factors which were used to calculate this fig- ure. In accordance with CEQA, an addendum need not be circulated for public review, but can be inCluded in or attached to the Final EIR. staff recommends approval of the attached resolution cer- tifying the adequacy of the EIR. In addition, should any other material be distributed at the Plan- ning commission meeting, relating to potential impacts created by the projects, and should the planning Commission conclude that the information verifies the project will not have any significant environmental impacts, the Commission may include that information in the certification of the EIR. - 2 - ec . REQUIRED FINDING, IF THE PLANNING COMMISSION DENIES THE PROJ~CT: 1. The proposed use and location of the residential condomini- wn developments are not in accordance with good zoning practice due to their incompatibility with existing and potential uses within the general area in terms of bulk and scale of the projects~ incompatibility with the historic nature and architecture of Ocean Park~ deleterious shadow impacts created by the proposed structures on adjacent unitsi and inadequate provision of child play areas and shared open space. Resultantly, the public health, safety and general welfare are not protected and harm to adjacent properties will result. Prepared by: Shari Laham, Associate Planner Katz SL 08/30/88 D. Addendum to Final EIR Resolution Certifying the Final EIR Letters received from applicant, dated 7/13 and 8/23 Protest letters received after the July 6th Planning commission meeting planning Commission Minutes (Draft) from 7/6/8S Original Staff Reports dated 7/6/88 (Items SA, SB, SCt 80 and SF Final EIR No. 849 Attachments: A. B. c. E. F. G. - 3 - . A#lKhmerJi" i~ CITY PLANNING DIVISION community and Economic Development Department MEKORANDUM. DATE: July 6, 1988 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Corrections to Final EIR, EIA 849 Katz Condominium Projects Address: 2115, 2722, 2913, 3000 and 3015 Third Street and 2222 Fifth Street Applicant: Katz Condominium Projects Two corrections are noted to the Final Environmental Impact Re- port prepared for the above projects. Table 1, "Snm"!'!lary of En- vironmental Impacts and Mitigation Measures" on page II-4 of the EIR, under the heading "Traffic/circulation" should state that nine intersections, rather than five, were analyzed as follows: The addi tion of proj ect-generated traffic would not result in significant changes in the evening peak hour operating conditions at the nine inter- sections analyzed for this study. The second correction noted is regarding the Level of Service (LOS) for the intersection of Fourth and Hill Streets during the evening peak hour for existing conditions and existing plus proj- ect conditions. The LOS was incorrectly designated as "A" in Table 12 on page V-14 and in Table 3 on page 8 of Appendix B of the EIR. The corrected tables are attached for your information. Although these two tables were labelled incorrectly, the findings of the EIR do not change. The correct LOS ratings for cumulative base (LOS C) and cumulative plus project (LOS C) conditions are shown in Table 13, page V-16 and Table 4, page 8 of Appendix B. There are no significant traffic impacts at the intersection of Fourth and Hill Streets. At the request of planning staff, the applicant has submitted corrected floor plans for 3000 Third street (Item 8B)1 3019 Third Street (Item Be) and 2222 Fifth street (Item BE). These plans were requested because the original plans for these three proj- ects inadvertantly omitted the window openings. The layout of the floor plans has not changed. The only change in the attached plans is that they reflect the location of the window openings. Prepared by: Shari Laham, Associate Planner - 1 - . . eirmemo SL 06/30/88 Attachments: 1. Corrected Table 12 (page V-14) "Existing Plus project Intersection Levels of service" 2. Corrected Table 3 (Page 8, Appendix B) "Existing Plus Project Intersection Levels of Service" 3. Corrected Floor Plans - 2 - . . Table 12. EX1sting-Plus-Pro~ect Intersectlon Levels of Service t I Even1ng Peak Hour EX1st1ng Plus EXlstlng ProJect Intersection v/e Ratl.o LOS vIe Ratlo LOS Fourth Street & Pico Boulevard 0.95 E 0.96 E Main Street & Pico Boulevard 0.72 e 0.72 C Maln Street & Ocean Park Boulevard 0.67 B 0.67 B Maln Street & Ashland Avenue 0.61 B 0.62 B Maln Street & Marine Street 0.61 B 0.61 B Fourth Street & Hill Street 0.69 ';<<:.B 0.71 ","C Marlne Street & Second Street 629 (1) A 626 (1) A Mar1ne Street & Third Street 762 (1) A 747 (1) A Ashland Avenue & Third Street 826 (1) A 821 (1) A I I I I I I I I (I) Aval1able reserve capacity for most constrained turnlng movement. I I I I I I I 79271B/M-l V-14 C McClelland r . . CUMULATIVE PLUS PROJECT TRAFFIC CONDITIONS The project traffic volumes as forecast as shown on Figure 2 were then added traffic volumes as shown on Figure 4. are summarized on Figure 5. EXISTING PLUS PROJECT ANALYSIS earlier in this chapter to the Cumulative Base The resulting forecasts The folowing table summarizes the level of service for existlng plus project conditions: TABLE 3 EXISTING PLUS PROJECT INTERSECTION LEVELS OF SERVICE lntersection Fourth Street & Hill Street Marine Street & Second Street Harlne Street & Third Street Ashland Avenue & Third Street ~xistina vIe LOS Existing + Pro.i ec t VIe l..QS 0.71 "'1(C 626 (I) A 747 (I) A 811 (1) A 0.69 629 (1) 762 (1) 826 (1) ~'B A A A (1) Available reserve capacity for most constrained turning movement As shown by Table 3, all of the intersections are operatlng at a Jevel of service A after project traffic is added. Thus, none of the intersections are significantly impacted by the project USlng the "significant impact" criteria described in the preVl0US report. CUMULATIVE PLUS PROJECT ANALYSIS The fo1owing table summarizes the level of service for existlng plus project conditions: TABLE 4 CUMULATIVE PLUS PROJECT INTERSECTION LEVELS OF SERVICE Inters~ctiQn Fourth Street & Hill Street Marine Street & Second Street Marine Street & Third Street Ashland Avenue & Third Street Cumulative V/C LOS 0.76 C 611 (1) A 752 (1) A 820 (1) A C~mulative + Project V/C LOS 0.78 C 608 (1) A 737 (l) A 815 (I) A a I I I I I I I - - .. e< .(- on . . CITY PLANNING DIVISION Community and Eeono~ic Development Department MEMORANDUM DATE: July 6, 1988 ~o: The Honorable Planning commission FROM: Planning staff SUBJECT: CUP 473, TTM 45454, EIA 849, New 23-Unit Condominium Address: 2913 Third street (Project A) Applicant: Oscar Katz Trust StJMMARY Action: Application for Conditional Use Permit and Tentative Tract Map to allow construction of a 23-unit condominium project and a one-lot SUbdivision for condominium purposes. The proposal meets all applicable development standards. An Environmental Impact Report (EIR) has been prepared for this proj act and a resolution certifying the adequacy of the EIR has been prepared. Recommendation: Approval. SITE LOCATION AND DESCRIPTION The SUbject property is a 31,000 sq. ft. parcel located on the east side of Third street between Ashland Avenue and Marine Street having a frontage of 200 feet. The lot slopes up towards the rear with an overall rise in grade of approximately 28 feet. Surrounding uses consist of two and three-story mul ti-fam:l.ly residential (R3) to the north, south, east and west. Two trees will be removed to permit the proposed construction; however, proposed project landscaping will more than replace these trees with significant vegetation. Zoning Districts: R3 Land Use Districts: Medium Density Housing Parcel Area: 200' X 155' - 31,000 square feet ?ROPOSED PROJECT The applicant is proposing a three-story, 23-unit condominium project with two separately accessed levels of subterranean park- ing. A one-lot subdivision is proposed to permit the condominium development. The site is currently vacant. - 1 - . The proposed p~~:t is one large, interc~ted structure con- sisting of two separate building footprints with above grade walkways between them. Due to the grade difference on site, the development actually has five separate levels (including subter- ranean), but the structure follows the contour of the land so that at no point does it exceed three levels above average natural grade. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed condominium project is consistent with the Municipal Code and in conformity with the General Plan as shown in Attach- ment A. The project was deemed complete on July 10, 1987, which was prior to adoption of the ordinance establishing interim zoning regulations for Ocean Park. A provision of that ordinance allowed for processing of projects under the existing zoning reg- ulations when the application for development was deemed complete by the City on or before July 28, 1987. Therefore, the project is exempt from the interim zoning standards for Ocean Park and must be reviewed according to the existing R3 zoning standards. The applicant has submitted a letter which further addresses the project's compliance with applicable development standards and policies (please refer to Attachment C). CEQA STATUS The proposed development is one of six total condominium projects proposed by the applicant. Although the proposed project indi- vidually is categorically exempt from environmental review, (Class 3(14) of the City Guidelines for Implementation of CEQA), the applicant requested preparation of an Environmental Impact Report to ensure that all environmental issues are considered cumulatively for the six projects. Therefore, an Environmental Impact Report (EIA 849) was prepared for this project together with the applicant's five other concurrently proposed projects consisting of a total of 96 residential condominium units on six separate sites within Ocean Park. Copies of the Draft EIR were distributed to the Planning Commission at the beginning of the 45-day public review period. All comments received and responses to the comments are incorporated in the attached Final EIR. Ap- proval of the resolution certifying the adequacy of the EIR is recommended. FEES The project is subject to a Parks and Recreation Facilities Tax of $200.00 per unit and a Condominium Facilities Tax of $1,000.00 per saleable unit. - 2 - e(- .- ~ ANALYSIS Project Design The project is designed with two separately accessed subterranean garage levels. As required by code, two 20-foot driveways are provided to serve the project on Third Street. The southern driveway accesses the lower subterranean garage which provides 28 parking spaces. The northern driveway leads to a subterranean garage on the rear of the site which has 27 parking spaces. A total of 55 parking' spaces are prey ided which exceeds the 4 G spaces required by code. The nine extra spaces results in a pro- vision of approximately one guest space for every 2-1/2 units. The rear qaraqe includes a storage area totalling nearly 1,400 square feet and a trash room. The mailroom and elevator are cen- trally located within the project adjacent to the courtyard. Overall building height above averaqe natural grade is 33 feet. Although parapet and stair enclosure projections reach a height of 39 feet above average natural grade, these projections do not contribute toward building height, according to the code defini- tion. Development standards permit a maximum height of 40 feet; therefore, the project complies with the height standard. (Staff notes that the south and east elevation labels are transposed on the submitted plans.) proposed lot coverage is fifty percent and one-fourth of the site will be devoted to landscaped and court- yard areas, as required by code. Eight separate unit plans and their reverses are proposed as follows: Unit # Bedrooms # Baths Unit Size Balcony/Patio size (sq. ft. ) (sq. ft. ) A (7) 2 2 1,402 106 B (3) 3 2 1.,573 91. C (3) 3 2 1,647 144 0 (3) 2 2 1.,379 102 E (2) 2 2 1,937 140 F (2) 2 2 1,730 152 G (1) 1 1. 1,161 234 H (2) 2 2 1,522 70-76 Proposed exterior materials include stueco plaster walls, alumi- num windows with clear glass and painted steel handrails. Each unit has at least one private balcony or patio. Two central courtyards provide common open space. In addition, landscaping is provided in all setbacks, including a row of trees planted 10 feet on center along the side and rear property lines to provide privacy for the neighboring residential units. Primary pedestrian access to the development is provided on the south side of the project along a landscaped walkway. - 3 - e( .'- ( Environmental Issues The Environmental Impact Report addressed issues regarding traf- fic and circulation: noise; sewer availability; aesthetics, light and glare; land use consistency with the General Plan and zoning ordinance and neighborhood impacts. As reported in the EIR, no significant environmental impacts would result from the project with the exception of short-term noise impacts during proj ect construction. Mitigation measures are offered to reduce these noise i~pacts and are recommended as conditions of approval of the project. Detailed level of service traffic analyses were prepared for nine intersections in the ~icinity of the projects. Kaku Associates prepared the analysis for the evening peak hour at the following intersections: Fourth street/Pica Boulevard Main street/Pico Boulevard Main Street/Ocean Park Boulevard Main Street/Ashland Avenue Main Street/Marine Street Fourth Street/Hill street Marine Street/Second Street Marine Street/Third Street Ashland Avenue/Third Street. The traffic impact analysis determined that the proposed projects, considered cumulatively, would not have significant impacts at any of the nine study intersections. Therefore, no traffic mitigation measures were proposed. CONCLUSION The proposed development of 23 condominium units on the subject site will be compatible with surrounding development which con- sists of a variety of low and medium density residential uses. The plan provides adequate landscaping, including dense perimeter landscaping; parking which exceeds the code requirement by 20 percent; and private and common open space and amenities to sup- port the proposed development. The project meets or exceeds all development standards and will not result in any long-term sig- nificant environmental impacts. For these reasons, it is staff's determination that this project merits approval, Subject to the conditions listed below. RECOMMENDATION staff respectfully recommends that the Planning commission ap- prove CUP 473, TTM 45454 and the resolution certifying the En- vironmental Impact Report, EIA 849, subject to the following findings and conditions. - 4 - e(- e~.- '- CONDITIONAL USE PERMIT FINDING 1. The proposed use and location are in accordance with good zoning practice; the use is compatible with existing and potential uses within the general area; traffic or parking congestion will not result; the pUblic health, safety and general welfare are protected and no harm to adjacent properties will result. TENTATI~ TRACT MAP FINDINGS 1. The proposed subdivision, together with its prov~s~on for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of santa Monica. 2. The site is physically suitable for the proposed type and density of development in that the project is an in-fill of urban land adequately served by existing infrastructure and proposed on a site having no significant physical characteristics which would preclude the development. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or sub- stantially and avoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not cause serious pUblic health problems. 5. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at larg!, for access through, or use of, property within the proposed subdivision. 6. The design of the subdivision does not preclude future passive or natural heating or cooling opportunities. SPECIAL CONDITIONAL USE PERMIT CONDITIONS 1. Construction hours shall be limited to 7 a.m. to 8 p.m. Monday through Friday and 9 a.m. to 8 p.m. Saturday as set forth in Section 4204 (SMMC) or as amended by Ordinance. 2. Noise specifications for construction equipment shall com- ply with the City of Santa Monica Noise Ordinance (Ord. 1406 CCS); internal combustion engines shall be equipped with a muffler; stationary generators shall be fully en- closed and temporary barriers used between generators and property lines. 3. A standard sewer hook-Up fee shall be paid to the city. 4. Applicant shall pay for a gauging study of sewer lines #1349 and #1353 if determined necessary by the General - 5 - service.4It!;artment. If linee nee~ be replaced, the applicant shall be assessed a proportionate share of the capi tal improvement costs as determined by the General Services Department. 5. The project shall conform to any program the City adopts to implement the City of Los Angeles Ordinance No. 163565 regarding connections to the sanitary sewer system. 6. All air conditioning units shall be housed and/or muffled such that they do not cause an exceedance of an equivalent 80ulnd level of 45 dBA at the property line. 7. The exterior lighting plan shall incorporate low-intensity lighting and hooded light fixtures orientated away from traffic and surrounding residential Uses. s. Should a Traffic Mitigation Fee be developed by the city prior to issuance of a Certificate of Occupancy, the developer shall be required to pay any required fees. 9. The working drawings shall include a section showing the overall height of the structures not to exceed 39 1-0" above average natural grade. 10. Any parking control system shall require prior approval of the Planning Division to ensure that parking is accessible for visitor use. 11. A 6-foot, decorative masonry wall shall be constructed along the north, east ~nd south property lines where no solid wall currently exists to the satisfaction of the Planning Division: wall details shall be included on the working drawings prior to issuance of any building permit. 12. The loft in unit plans Hand H-reverse shall not exceed one-third the area of the open room below. 13. The Architectural Review Board shall review the project to ensure that there is an adequate pedestrian entrance statement made on the front elevation. STANDARD CONDITIONAL USE PERMIT CONDITIONS 1. Plans for final design, landscaping and trash enclosures shall be subject to review and approval by the Architec- tural Review Board. 2. 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 Com~ission Review. Construction shall be in substantial conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. - 6 - e( e( 3. The Conditional Use Permit shall be of no further force or effect if the Tentative Map expires prior to approval of a Final Map for said parcel. 4. The rights granted herein for the Conditional Use Permit shall be effective only when exercised within a period of one year from the effective date of approval. Upon the written request of the applicant, the Director of Planning may extend this period up to an additional six months. 5. ';rhe applicant shall comply with all legal requirements 'regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 6. Final parking layout and specifications shall be subject to the review and approval of the Parking and Traffic Engineer. 7. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with Sec. 91273.2-4 (SMMC). Re- fuse areas shall be of a size adequate to meet on-site need. 8 . No noise genera tinq compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 9. Project design shall comply with the building energy reg- ulations set forth in the California Administrative Code, Title 24, Part 2, (Energy conservation Standards for New Residential Buildings), such conformance to be verified by the Building and Safety Division prior to issuance of a Building Permit. 10. Natural light shall be provided in at least one bathroom in each dwelling unit. 11. 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 Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 12. street lighting shall be provided on adjacent to the project if and specifications and with the approval General Services. public rights-Of-way as needed per the of the Department of 13. Any outdoor lighting shall be shielded and/or directed away from adjacent residential properties, with any such lighting not to exceed 0.5 foot candles of illumination beyond the perimeter of the subject property. - 7 - e( e(- 14. This determination shall not become effective for a period of twenty days for the conditional Use Permit and ten days for the Tentative Tract Map from the date of determination or, if appealed, until a final determination is made on the appeal. TENTATIVE TRACT MAP CONDITIONS 1. All off site improvements required by the City Engineer shall be installed. Plans and specifications for off site ~mprovements shall be prepared by a registered civil en- gineer and approved by the city Engineer. 2. Before the City Engineer may approve the final map, a sub- division improvement agreement for all off site improve- ments required by the city Engineer shall be prepared and a performance bond posted through the ci ty Attorney t s office. 3. The tentative map shall expire 24 ~onths after approval, except as provided in the provisions of California Govern- ment Code Section 66452.6 and Sections 9380-9382 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the City of Santa Monica for approval. 4. The developer shall provide the Engineering Department of the City of Santa Monica with one Dizal Cloth print reproduction and microfilm of each sheet of the final map after recordation. 5. Prior to approval of the final map, Condominium Associa- tion By-Laws and a Declaration of CC & RIs shall be re- viewed and approved by the City Attorney. The CC & RIs shall concain a nondiscrimination clause as presented in Section 9392 (SM11C) and contain such provisions as are required by Section 9122E (SMMC). 6. The developer shall provide for payment of a Condominium Tax of $1,000 per saleable residential unit per the provi- sions of Section 6651 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 9330 through 9338 (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 final ~ap shall be recorded with the Los Angeles Coun- ty Recorder prior to issuance of any building permit for a condominium proj ect pursuant to Government Code section 66499.30. - 8 - 9. A park.: Recreation FaCilities,"...c 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 units on the subject lot, per and subject to the provisions of section 6670 et seg. of the Santa Monica Municipal Code. INCLUSIONARY UNIT CONDITION 1. 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 Anqeles County Recorder's Office as a part of the deed of the property to ensure that three (3) affordable units are provided and main- tained over time and through subsequent sales of the prop- erty. An affordable unit shall be defined as being af- fordable to households with incomes not exceeding 100% of the (HUD) Los Angeles County median income, expending not over 25% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic 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 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 previsions of the agreement. This provision is intended to satisfy the inclusionary housing requirements of Program 12 of ';he Housing Element of the General Plan of the City of Santa Monica ("Program 121t) . Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with any ordinance or resolution adopted by the City within two years from the effective date of this approval, which is intended to provide an alternative method for compliance with Program 12. An alternative method may be, but is not limited to, the payment of a fee in-lieu of providing the three Affordable Units. Prepared by: Shari Laham, Associate Planner CUP473 SL: 06/20/88 - 9 - .- &- , Attachments: A. Municipal Code and General Plan Conformance B. Radius Map C. Letter from Applicant, dated 2/16/88* O. Resolution Certifying the Final EIR. E. Summary C.C. & R.'S F. Protest letters received 6/27/88 and 6/28/88* G. Plot Plan, Floor Plans, Elevations, Shadow Diagram, Landscape and Irrigation Plans H. Vesting Tentative Tract Map No. 45454 I. Final Environmental Impact Report, EIA 849* '* In the interest of economy, these attachments were reproduced only once for all six Katz condominium proj- ects and may be found attached herein to this staff report for CUP 473 and TTM 45454. ... 10 - ec er- e... ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Category Municipal Code Permitted Use R3: Permits Condominium Development Height 3 stories/ 40 feet Setbacks Front yard Sideyard Rearyard Lot Coverage Parking Density 20 feet 17 feet 15 feet 50% 46 spaces One Unit/ 1,000 sq. ft. (31 units) Land Use Element Medium Density Housing: Permits Condominium Development 3 stories/ 40 feet Same as Municipal Code Same as Municipal Code Same as Municipal Code Same as Municipal Code Same as Municipal Code One unit/ 1,250 sq. ft. (25 units) - 11 - ~roject 23-Unit Condominium Development 3 stories/ 331-0" 20 feet 17 - 35 feet 15 feet 50% 55 spaces One Unit/ 1,350 sq. ft. (23 units) ..:" 'J I ~~ 1'1 ~ . . < t. ~ ,. '1 t-..... 1.. I J~ II - ~ ~ ~ ..\ .. .f1:- ;,: ..~=utl 1/..,.., tI :.J" , '. r' I L' n....i ..... u ~, I ," ~:::, .......:., 1~1. - .....~.:. .. '1' "~~.. .' ID ..- '. '"'" ".~' . m tI ':00: ;'_' ". __ n. . ( : r D l= I, r . MI....~.,._ ICI . ,;': ~ . ~ _I : ~ . ,,"~. f', .", _lll ...,. - I. . - .. - ,. 1.1. ~. . D . .:.:. J. ,,;,... . ....... ".-, : r' : ~;. ~~~~. -: ~ "~~' :-> 'I~'" "~. ,-~-.- · ~> ' " 'I~.';l t~ >-" ~\~ ~~'i · ~'I . 'I" ~.~rt: ::;:1 ~ ;: ~ ~:rit.'j1 :1' - -: ' ~'ei ,. = ~ · ~ ~... .. -) ,. ~ -, r\ 'I .. . .. c "8 ~ ,: ~. ~ """: - I" .. - " ,,~. .. _.. ....t. I . . .. .. _ I ~ 1..1 ., 'T I, . .. . . ~>, . , , I . r, . FOURTH ~) - LEGAL DESCRIPTION LOtS 16 lHRU 19. 8LOC~ [, SUU H HACT C ()P L-/-o CASE NO .--r /.11 J lr:,LI:::...d STREET ADDRESS 1913. 1917. 1923 Ind 1917 1HIRD S1A((T lONE 03 OSCAR UTZ APPLICANT DATE RADIUS MAP FOR PUBLIC HEARING DATE -? J I,. }Q(? 1.'1 j- lPU\rNI~~[f{)@ IQ)rn[?~~ifIfJJ~[Mlr can' 0:;: S-a- ,Jhc...~ UUJ=i!j) ~fNIJ 1\ I. f.ulIPl-ce All... Mop Shul No \) ( Z 1 . 30 \ 1 D S Z -r ,t, /" .( .rr t LA\\'"R E~CE & H.AR DING A. .IIli!O"'~SSIlJ"'.AL COIUI-OIIA.TION ,ATYOR.....CYS AT L.AW Il;SO !;lllTH S'''~ET 5,",,'E 300 SAN.,.... MO~ICA CALtYO........JJIo ~040} Tl:~E..HO..E rzr31 393'00> .....EL.ECOPIER .2l3~ ..Se....9S9 Ct-lRIS'TQPtoIE.R .... HA1=tCI'toil'G IItlCN.I\lItC.I\ ~.I\WIltENCE J(t:NNE'T.... L. I'(VTC.....C,. t.4.JII:-".J BRES,N..CK .JOH.... IE. .......c::....lt...m -KEVIN Y Ill.O.2'AL February 16, 1988 - VIA MESSENGER EXPRESS Shari Laham Planning Division City of Santa Monica 1685 Main street Santa Monica, CA 90401-3295 Re: TTM 45~54: CUP 473 TTM 45455; CUP 474 TTM 45456: CUP 475 TTM 45457; CUP 476 TTM 45458; CUP 477 TPM 18719; CUP 478 Our File No. 216.2 Dear Ms. Laham: This letter summarizes various points which we believe are important for the Planning Division to keep in mind while processing the above-referenced Applications for New Condominium Proposals. It is our hope that this letter will assis~ you in your preparation of the staff report(s) for these prrjects. Among the points raised in this letter, the three overriding themes which we believe to be irrefutable are as follows: I. These projects comply with the letter and spirit of all requirements and guidelines of the Land Use Element, zoning Code and Draft Zoning Code. II. These projects provide needed new housing opportunities in Ocean Park, particularly as to potential family units. III. The governing bodies have no legal discretion to disapprove these projects. LA\\'RE~CE & HARDI~G.( .~ , '- A ",~01't:SSIOHA.1. CQRPORA.T"IOIIi ATTOFlNE:YS ....T ~W Shari Laham February 16, 1988 Page 2 I. Technical Code Requirements and Guidelines The following is a summary of the compliance of these projects with the various development standards contained in the Land Use Element, Zoning Code and Draft Zoning Code. A. Permitted Uses. Each of the six project sites is located in the R-3 Multiple Residential District and bears a land use classification of Medium Density Housing. Multiple family dwellings such as condominiums are permitted in the Multiple Residential District. (SMMC i9109A and Draft zoning Code 19013.2(a).) MUltiple family dwellings are also expressly permitted in the Medium Density Housing Area. (LUCE, p. 165.) B. Lot Area. Each lot in the R-J District must have a minimum lot area of 5,000 square feet. (SMMC~ 9109B.l and Draft zoning Code fi9013.6(d).) The smallest of the subject lots is 6,500 square feet. C. Lot Dimensions. Each lot in the R-3 District must have a minimum width of 50 feet and a minimum depth of 100 feet. (SMMC ~9109B.2 and Draft Zoning Code j901J.6(d).} The smallest width of the subject lots is 50 feet, and the smallest depth is 130 feet. D. pensity. The Zoning Code requires a minimum of 1,000 square feet of lot area for each dwelling unit. (SMMC i9109B.3.a.) The Draft Zoning Code requires at least 1,250 square feet of lot area per dwelling unit. (Draft Zoning Code 59013.6(b).} The Land Use Element requires a minimum of 1,245 square feet of lot area per dwelling unit. (LUCE, p. 165.) Each of the sites satisfies this density standard. Most of the sites contain 1,300 to 1,400 square feet per unit. The four- unit project at 2722 Third street will contain approximately 1,625 square feet of lot area per unit. A comparison of the actual number of units proposed to be constructed with the number of units permitted per site per 1,250 square feet of lot area is set forth in Figure 1 below: LAWREKCE & HARDI~G e[ " e- ( '" ."Or-e::SS10NAL CORpoR&.TLON A'fTORNE:YS AT I....W Shari Laham February 16, 1988 Page 3 Fiqure 1. Site Lot Area Permitted Units ~ctual units Project A 31,000 sq. ft. 25 23 Project B 39,000 sq. ft. 31 28 Project C 15,500 sq. ft. 12 12 Project D 27,000 sq. ft. 22 20 Project E 6,500 sq. ft. 5 4 Project F 11,200 sq. ft. 9 9 TOTAL 104 96 Taken cumulatively, the projects are almost 10% less dense than permitted in the R-3 District. E. Number of Stories. No building or structure erected in the R-3 District may have more than three stories. (SMMC 19109 B.4r Draft Zoning Code fi9013.6(a)~ LUCE, p. 165.) Each of the sUbject buildings will contain three stories. F. ~eiqht. No building or structure erected in the R-3 District may exceed 40 feet in height. (SMMC ~9l09B.4; Draft Zoning Code '90l3.6(a)~ LUCE, p. 165.) Building height is ~easured vertically from the average natural grade elevation of the highest and lowest point of that portion of the lot covered by the building. (SMMC fi9l02r Draft Zoning Code 19040.3(a).) Objects such as chimmeys, vents, stacks, ducts, skylights, steeples, parapets, fire separation walls, open work safety guard rails, elevator shafts, stairwells and mechanical rooms (herein generically referred to as tlparapetslt) are permitted to exceed the height limit. (SMMC 19126B; Draft Zoning Code i9040.3(b).) The height of all but one of the proposed build- ings will be 33 feet above average natural grade, excluding parapets. The four-unit building at 2722 Third Street will be only 29 feet above average natural grade. G. Yards. The minimum front yard setback in the R-3 Oistrict is 20 feet. (SMMC A9l09.5.a~ Draft Zoning Code i9013.6(e).) Each of the subject buildings provides a 20-foot front yard setback. LA\\'RE!\CE & HARDIXG e( e- !' '- ". PIQOV'"i[SSFONAL CO~PORA"no... "'TTO"N~YS AT LAW Shari Laham February 16, 19BB Page 4 The minimum rear yard setback in the R-J District is 15 feet. (SMMC 19109B.5.c~ Draft Zoning Code 19013.6(f).) Each of the subject buildings provides a 1S-foot rear yard setback. The minimum side yard setback in the R-3 District is the greater of 4 feet or a formula. (SMMC 19109B.S.b; Draft Zoning Code 19013.6(g).) Each of the proposed projects satisfies this formula. H. farkinq. The current Zoning Code requires that at least two off-street parking spaces be provided per residential condominium unit. (SMMC fi9129F1.A.) The Draft Zoning Code requires at least two covered off-street parking spaces per unit for one- and two-bedroom units, 0.5 covered spaces for any addi- tional bedrooms, and one space (which need not be covered) per five units for guest parking in projects consisting of five or more units. (Draft Zoning Code 69044.4.) The six projects which are the subject of the pending applications have been designed to satisfy even the rigorous parking standards which will be imposed under the Draft Zoning Code. A total of 233 covered off-street parking spaces will be provided with these 96 units. As shown in Figure 2 (attached), the 233 covered off-street parking spaces which will he provided with these projects is 41 spaces more than is r!quired under the current Zoning Code and 5 spaces more than would be required under the Draft Zoning Code; I. Lot Coverage. The area occupied by buildings or struc- tures on any lot in the R-3 District may not exceed 50% of the total lot area of the site. (SMMC 19109B.B; Draft Zoning Code i9013.6(c).) In the pending applications, none of the sites contains greater than 50% lot coverage. J. ~andscapinq. The current Zoning Code requires that at least 50% of the open areas at a R-3 site be landscaped. (SMMC 69l09B.B.) The Draft Zoning code requires that at least 50% of the required front yard setbacks in all residential districts be landscaped. (Draft Zoning Code ~9041.6(a).) The proposed land- scaping will cover 25% of the total site area of each project, including approxi~ately 75% of the front yard setbacks. LA\\"'REXCE & HARDl~Ge ( er \.. A pqO~E.SSION""" CORPORATION ....TTORNEYS A.T ~W Shari Laham February 16, 1988 Page 5 II. Policy Issues On January 25, 1983, the City adopted a new Housing Element as a constituent part of the City's General Plan. Among other things, the Housing Element identified the following major housing problems facing the City and its residents: A. Inadequate support of local housing needs: B. Significant losses of families and children residents: and C. The need for relief from overcrowding of occupants in housing units. (Housing Element, p. 16.) A. POlicy to Promote New Housinq: The Housing Element establishes a fundamental policy to promote the construction of new housing in Santa Monica. (Housing Element, p. 32.) In that regard, the Housing Element identifies various methods intended to encourage the construction of new housing, including the following applicable policies: 'provide adequate sites for housing, includinq gynership housinq; 'Modify density limits if necessary to promote housing while protecting quality of life goals; 'Ensure that taxes and fees affecting housing are no greater than required in the public interest; and 'Support programs geared to increasing housing throughout the region. Similarly, the Land Use Element of the General Plan, adopted October 23, 1984, echoes the policy of encouraging new housing development. Specifically, Policy 1.10.1 of the Land Use Element provides: LAKRE~CE & HARDl!\G e( er (, A p~ort$SION"'L COAPORATIO'" I'o.TTO~N!:::VS I'o.T LI'o.W Shari Laham February 16, 1988 Page 6 liEn courage the development of new housing in all existing residential districts, while still protecting the character and scale of neighbor- hoods. Allowable intensities are defined in the Land Use Classifica- tion herein." Approval of the subject applications will result in a direct addition of 96 needed new housing units in Santa Monica. Because each of the sites is presently unimproved, these units will be added without any loss of existing housing units. According to calculations provided in the Preliminary Draft Environmental Impact Report for these projects prepared by McClelland Engineers, the Program 12 housing fees generated from this project will amount to $461,592. (See Preliminary Draft EIR, p. V-54.) During its study of the in-lieu fees for Program 12, city Staff determined that the subsidy needed to make an average unit affordable to low and moderate income households ranges between $40,000 and $60,000. (See city staff Report on Program 12 to Mayor and City council on February 10, 1987 at p. 15.) Based on those figures, the number of subsidized units which will be supported by the in-lieu fees generated from these projects alone will be between 7.6 and 11.5 units. Additionally, the development fees for schools resulting from these projects will total $217,869 as shown in Figure 3 below: fiq'ure 3. 145,246 sq. ft. x $1.50 sa. ft. $217,869 school revenues from development of these projects LAKREXCE & HARDI~G e( . e,-'" \.. A 'PI:tCr:E:'SSJi~N"',"- C:OAPO'FU..T10N "'TTO~NE:YS AT LAW Shari Laham February 16, 1988 Page 7 B. Families and Children: Between 1970 and 1980, Santa Monica experienced an undesired decrease in the number of family households residing in our city. According to the U.s. Censy~, there were 22,734 family households in Santa Monica in 1970.~ (Housing Element, p. 21.) Those family households made up 56% of all households in Santa Monica at that time. (IS.) By 1980, the number of family households in Santa Monica had decreased to 19,547, or 45% of all households. (Id.) (In contrast, family households constituted 61% of all households in the city of Los Angeles in both 1970 and 1980. [Id.]) Thus, from 1970 ~o 1980, Santa Monica experienced a net loss of 3,187 families. Over that same time period, Santa Monica experienced a significant loss of resident children under the age of 18. According the to U.s. Census, there were 17,277 children of age 17 or under residing in Santa Monica in 1970. (Housing Element, p. 21.) These children made up 20% of the City's population. (~d.) By 1980 the number of children residing in santa Monica had declined to 13,747, or 16% of the City's population. (Id.) (The City's Housing Element observes, uThis is in dramatic con- trast to the City of Los Angeles, where in 1980 25% of the popu- lation was 17 or younger, a 12% decline from 1910." [po 21.J) Thus, from 1970 to 1980, Santa Monica experienced a net loss of 3,530 children. That loss constitutes a 20% decline. In this regard, the Housing Element states, "It is believed that housing problems were among the major factors causing the large loss of children." (p. 21.) The projects proposed in the current applications con- sists almost entirely of two- and three-bedroom units. (Only one of the 96 units will be a one-bedroom unit; there are no singles or efficiencies.) The construction of these 96 mUltiple- bedroom housing units will facilitate a desirable increase in the number of families and children residing in the Ocean Park Neighborhood. The developer anticipates that well over one- third of the new occupants of these units will be children. Consequently, these projects should provide a needed boost to sagging school enrollment in Santa Monica. liThe u.s. Census Bureau defines family households as dwelling units in which two or more related persons reside. LAKRESCE & HARm~G .( .~- '- .. "ROIF'[SSION....L. COI=t,..ORATtO'" "TTCF\NEY5 ""'I L"W Shari Laham February 16, 1988 Page 8 c. OVercrowding: As discussed above, Santa Monica has adopted a policy to promote the construction of new housing. (See Housing Element, p. 32; LUCE, POlicy 1.10.1.) The reason for this policy is that there is an acknowledged shortage of housing opportunities in Santa Monica. Data contained in the Housing Element documents the need for new housing in Santa Monica. For example, in 1970 the U.S. Census counted 1,889 dwelling units in Santa Monica having 1.01 or more persons per room. By 1980 this number had increased by 12% to 2,124 dwelling units. (Housing Element, p. 20.) The Housing Element correctly deduces the fact that the lack of available housing opportunities has directly contributed to this increase in overcrowding. (Housing Element, p. 21.) D. Failure to Meet Goals for New Housinq: State law re- quires that all Housing Elements prepared in this state, includ- ing Santa Monica's Housing Element, contain both an assessment of housing needs, and a statement of the communityts goals, quantified objectives and policies relative to the development I maintenance and improvement of housing. (See Gov. Code G65583, subd. (a) and (b).) The existing and projected housing needs stated in the Housing Element must indicate the community's share of documented regional housing needs as determined under the auspices of the California Department of Housing and Commun- ity Development. (Id., subd.(d).) The Housing Element must also contain a five-year plan to implement the policies and achieve the goals and Objectives of the Housing Element "through the administration of land use and development controls, provi- sion of regulatory concessions and incentives, and the utiliza- tion of appropriate federal and state financing and subsidy pro- grams when available." (Id., subd. (c).) Among other things, the five-year program must U[a]ddress and, where appropriate and legally possible, remove" governmental constraints to the development of housing. (~., subd.(c) (3).) Housing needs for all income levels (very low to high) must be assessed and provided for. (Id., subd.(a) (1); see also stocks v. City of 1rvine, 114 Cal.App.3d 520, 534, 170 Cal.Rptr. 7~4 (1981).) In Los Angeles County, the Southern California Associa- tion of Govermnents ("SCAGn) is responsible for assessing and allocating particular responsibility for the regional housing LA\\"REXCE & HARDIKG e<- If.. PROJ"[$$tQNAL eO'Ft"oR.T~O'N ez ....~TORNI:Y5 AT LAW Shari Laham February 16, 1988 Page 9 needs which must be contained in each Housing Element. (Gov. Code 165588, subd. (b) (1).) Those regional needs are updated by SCAG avery five years. (Id., subd. (b).) A local government has 90 days following SCAG's published update of the regional needs to dispute its allocated share of the regional need. (Gov. Code 165584, subd. (c).) The Housing Element must be revised not less than once every five years to periodically review the appropriateness of its housing goals, the effective- ness of the Housing Element in attaining those goals, and the progress of the City in implementing the Housing Element. (Gov. Code G 65588, subd. (a).) In 1982, the Southern California Association of Govern- ments (t1SCAG") prepared an estimate of Santa Monica's growth projections to 1986, as part of its Regional Housing Allocation Model ("RHAMIl). The RHAM projected a need for 2,298 new house- holds in Santa Monica between 1981 and 1986. (Housing Element, p. 46.) Additionally, SCAG estimated that another 1,839 new housing units would be required during the same five-year period to achieve a desired overall 5% vacancy rate, plus 1,122 more units to replace existing units which should be demolished for recycling. Thus, the total number of new housing units which SCAG estimated would be required in Santa Monica between the years 1981 and 1986 was 5,259. (IQ.) This figure results in an average requirement of 1,052 new units per year. Data compiled by the Planning and Policy Section of Community and Economic Development shows that the actual growth of housing in Santa Monica during the years 1981-85 was signifi- cantly below the needed growth levels. For example, between the time of adoption of the Housing Element in January 1983 and dis- cussion of proposed amendments to Program 12 of the Housing Element in February 1987, only 379 new housin~Junits, including 80 inclusionary housing units, were approved.~ (See Attach- ment 3 of City Staff Report to Mayor and city Council on Proposed Amendment to Program 12, dated February 10, 1987.) As of February 1987, only 124 of these units were actually completed or under construction, while 255 required further 2/These figures do not include the Sea Colony development or any of the Community Corporation developments. LA'\"RE~CE & HARDI~G.( .t- '. .. "AOF'E:S$IONA.. CO~POR"'.'ON ATTORNE:YS "'T U'oW Shari Laham February 16, 1988 Page 10 approvals or permits. (Id.) Sixty of the 379 units were intended to be located in the Ocean Park area. (Id.) It is not clear ~rom the city's data how many of the 379 units are intended to replace previously existing housing. These "actual" growth figures (which include units with applications and/or construction pending) are 4,880 units short of the SCAG estimates of needed housing growth for the period. The 379 units, even assuming all of them are fully approved and constructed, would constitute only 7% of the needed new housing in Santa Monica. The Housing Element, while acknowledging the need for this number of new housing units, sets substantially lower goals of 1,500 to 2,500 new units during the same five-year period. (Housing Element, p. 47.) However, the actual figures for new housing in Santa Monica fell well short of even those modest aspirations. As the July 7, 1987 Staff Report to the Mayor and City Council on the subject of zoning in Ocean Park observed, tlExcept for the Sea Colony and senior housing complexes, rela- tively little new mUlti-family residential construction has occurred in the Ocean Park area." For example, between January 1982 and JUly 1987, only 55 apartment units and 21 condominium units were built in Ocean Park (excluding the Barnard Park Villas and Neilson Villas senior housing projects and the Sea colony condominiums). [See July 7, 1987 Staff Report to Mayor and city Council regarding Ocean Park Zoning, pp. 14-16.J That is a total of merely 76 new privately-initiated housing units in five and one-half years. Over that same period, eleven residential units were demolished in Ocean Park. Thus, the net increase in privately-initiated new housing units in Ocean Park is a paltry 65 units in well over five years. As will be discussed in Section III below, the appli- cant contends that the planning Commission has no discretion to withhold its approval of these projects which comply with all relevant aspects of the General Plan, Zoning Code and Draft Zoning Code. However, the applicant further contends that to the extent the Planning Commission has any discretion to review these projects, it must do so in a manner consistent with the housing goals and needs of the city as stated in the Housing LA",1{E~CE & HARDlXG .- .- '- JI.. PflOFt.SSIO...."'l" CO'PIIPOIRA'TIO'N ATTORNeYS ,AT V'oW Shari Laham February 16, 1988 Page 11 Element. Because the number of new housing projects is far from meeting the housing needs of our community, the City has an obli- gatio~ to encourage the pending housing development proposed by the applicant at its current density. In this regard, Government Code 165589.5 provides in full: "When a proposed housing development project complies with the applicable qeneral plan, zoning and development policies in effect at the time that the housing development project's application is determined to be complete, but the local agency proposes to disapprove the project or to approve it upon the condition that the project be developed at a lower dens- ity, the local agency shall base its decision regarding the proposed housing development project upon written findings suPPorted~by substantial evidence on the record that both of the following conditions exist [emphasis added) : "Ca) The housing development project would have a specific, adverse impact upon the public health or safety unless the project LS disapproved or approved upon the condition that the project be developed at a lower density. neb) There is no feasible method to satisfac- torily mitigate or avoid the adverse impact identified pursuant to subdivision (a), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. It Furthermore, the burden of proof as to this issue is affirmatively placed upon the city as to these two criteria: "In any action taken to challenge the valid- ity of a decision by a city, county, or city and county to disapprove a project or app~ove LAKRE!\CE & HARDlXG .( .:- " A PR'OF"~5SID"""1. CO-RPO'P\'''10N ATTORN1!:YS "T LAW Shari Laham February 16, 1988 Page 12 a project upon the condition that it be developed at a lower density pursuant to [Government Code) Section 65589.5, the city, county, or city and county shall bear the p~rden of proof_that its decision has con- formed to all of the conditions specified in $ection 65589.5." (Gov. Code '65589.6~ e~phasis added.) Because the proposed projects comply with all applic- able development standards, the Planning co~~ission is legally unable to deny the projects or reduce their density levels unless the public record contains subst~ntial evidence that (a) the projects will have a specific adverse impact upon the public health and safety and (b) there is not feasible method to satisfactorily mitigate or avoid that specific adverse impact. In this regard, as the Preliminary Draft Environmental Impact Report confirms, there is no significant adverse impact attributable to these projects which cannot be satisfactorily mitigated. Therefore, the Planning Commission is legally compelled to approve these projects at their proposed levels of density. III. Lack of Discretionary R~view of These Proiects The applicant seeks no variances or other discretionary approvals for these projects. They have been designed in a manner consistent with all development and land use standards contained in the Land Use Element, Zoning Code and Draft Zoning Code. Since no variances are sought, the applicant contends that the Planning Commission lacks any discretion in its review of these projects for the following reasons: A. The law prohibits different treatment of condominium projects and apartment projects: B. The city's past practice has been to approve all condominium applications which comply with applicable development standards~ and lAKREXCE & HARDl;\G e( .e( ... P"OF"t-$S.,O......... CO'S:tPO~"T'O.... "'TTORN":YS I60T LAW Shari Laham February 16, 1988 Page 13 c. The City is obligated to follow its past administrative practice of approving condominium applications such as the applicant's which comply with all applicable standards. A. 1reatment of Condominium proiects Like ADartment Buildinas: The applicant contends that, because they comply with all relevant development standards of the Land Use Element, Zoning Code and Draft Zoning Code, the City is legally precluded from denying his projects. To support his argument, the applicant relies upon Government Code section 66427 of the Subdivision Map Act, which provides in pertinent part: U[N]or shall the governing body have the right to refuse approval of a parcel, tenative or final map of such a project on account of design or location of build- ings on the property shown on the map not violative of local ordinances. . ." Thus, so long as the design and location of SUbdivision buildings do not violate local ordinances, the City is prevented by State law from withholding approval of the subdivision. In the instant case, the proposed condorolnium projects comply with all relevant provisions of the Land Use Element, Zoning Code and Draft Zoning Code. Furthermore, the projects are expressly exempt from the Ocean Park interim development limitations based on section 2(a) (7) of Ordinance No. 1416(CCS), as the pending applications were filed and deemed complete by the City prior to July 28, 1987. Furthermore, Program 6 of the Housing Element, adopted January 1983, requires in pertinent part: "Construction and zoning requirements for multi-family owner-occupied housing, rental housing, and cooperatives should be amended so they will be ~dentical unless compelling ~easons exist iustifyinq different standard~ tor different types of multi-familv housinSf." (Emphasis added.) L-\KRE~CE & H.-illDlXGe( e:- \.. A PRO"!:SS~O""'A" CORPORATION A"T"TQI'INEYS A"T L.AW Shar i Laham February ~6, 1988 Page 14 Thus, to encourage all types of multi.family housing, Santa Monica has expressly elected to review all applications for such housing under identical standards unless compellinq reasons justify disparate treatment. This municipal require- ment comports with State law on this subject, which similarly decrees: "Unless an contrary intent is clearly expressed, local zoning ordinances shall be construed to treat like structures, lots, parcels, areas, or spaces in like manner ~egardless of whether the common interest development is a community apartment project, condo- minium oroiect. planned development. or stock cooperative. (Civ. Code i1372.) (Emphasis added.) Santa Monica has not expressed an intent contrary to the presumption of civil Code Section 1372. Instead, Santa Monica has elected to declare in Program 6 of its Housing Element its express affirmation of that presumption. B. Past Practice: Our law firm has reviewed the City's Planning Division public files to ascertain the city's past practice in its review of applications for condominium projects. We find that there ha'= been 68 such applications covering 63 different properties, filed with the City since July I, 1983. Those 68 applications include some applications which were resubmitted. They also include the six applications which are the subject of this letter. We find that of those 68 applications, 41 have been approved, 17 are pending, 6 have been withdrawn and only 4 were denied. Each of the four applications which have been denied failed to satisfy some aspect of the promulgated development standards applicable to the project. Three of the four applications which were denied were subsequently approved upon their resubmittal. Going back as far as July 1983, we can find no denial of any condominium application which satisfied all development standards of the General Plan and Zoning Code and required no variances. .. L~\\'"REXCE & HARDlKGeC e- ( A. PRO'F'E:S510Io.lAL COAIIPORATION ATTOI'lNE:YS AT LAW Shari Laham February 16, 1988 Page 15 C. Qbliqation to Follow Past Practice: It is a cardinal rule of legal interpretation that contemporaneous administrative construction of a statute or ordinance by the administrative agency charged with its implementation and enforcement is of great significance in determining the appropriate application of the statute or ordinance. (See Killian v. City and County of San Francisco, 77 Cal.App.3d 1, 12, 143 Cal.Rptr. 430 (19?S), and cases cited therein.) Moreover, the degree of deference due an administrative application of a statute or ordinance depends upon its consistency with earlier pronouncements. (See Galster v,~ Woods, 173 Cal. App. 3d 529, 544, 219 Cal. Rptr. 500 (1985).) If an administrative agency were to fail to apply identical development standards consistently, it would lose all credibil- ity with the public and the courts. Thus, the city is legally obligated to apply its development standards in a consistent and fair manner to all projects unless compelling reasons justify a different application. In the present case, all six projects comply with the Land Use Element, Zoning Code and Draft Zoning Code in all pertinent respects. There is no lawful basis for withholding approval of these projects. CONCLUSION For the foregoing reasons, we respectfully submit .hat these projects merit and deserve your favorable recommendation to the Planning Commission. Sincerely, ~tvr'L~ ;L~ Kenneth L. Kutcher for LAWRENCE & HARDING, a professional corporation KLK19 : ymk: KATZ 4 cc: Paul Berlant Laurie Lieberman Oscar Katz Bill Brantley Earl Warren " .( e!- \.. ":'~;..c~ .~ 0 45454 ~::~~~~ 2913 Tr~~~ ~t~ee~ ?E.S:::: X (thl~ 5ho~ld ~~ a brlef s~~~ry not Qn l~ce, :0 ~~e c=-~.e:~ ~~:; CO:I:O~!I:m.;:! AU:C:'Z':; OF WCC~OR.;::C;1 BY'_~;;S ..UD CC':Rs 1. TYj)e of Or!IU1.1Zati.on: ~of~t lII.JtUl!ll bene!lt C:O%"'Xlrat~on a~~"lO as II ccndcJo'~"Uar manaqenem; as5CC1.ati~. 2. Membe:-sh1.p Each o.lI'ler, lnClu:i.1.ng sW:d.lvJ.der, of a conc'cr.l:UI.:"". 3. Me:::bershl.? Ter=,::.natlQn- ,1wtaTatlc tern>lMt1.tX1 ",'he." the re-.l::er 'lC lcn;e~ holes al'lV ~;lteren 111 any Llfat. Class p. - all owners ot.'le:'" thar' T)el;;:larant (ale vot.e ea~"',l . '. l/ot::.:tg R::.;lo:es r"-lass B - DeclMa:~t (th..-ee votP.s r.er unl";', Class:C ::eases arC a:rnw..."'ts to Class 1>- Cf) earhe~ of.. Ii) total Class A votes ~~ Class E 5 ~~!i,.i'fe~~) se.::-.:I<"d arouversary. . . ..01.. - The P.s!il:Xlat.lal may not CQI'Itract for 9T'Ofesslor.al 1"laMge-e.~t: !lie-......lceS for a tem excee:.:...,g a'le war \<JJ.t.h:;)ut Il\!)ontr atlO~'a: AA\ S'.JC~ 6. ~ t~J t:e terlll1Mt.eC by utter party. Wldath or 1oIlt.."c..;t Cll;':se. Of' 30 ... .. , SO \.'$ \-II"lt~~ not:::.c:e, WJ,.Ul:>ut .-~:roxl:!late_y years. penalt.y fees 7. !::ec::.....:..:y Tu,: 0: and ..u:le::c.-er::s to CC':':i\.5 u-u.tl pe::~'=~~- c! P::'1;)ect Or' untll Declara~cn revoked. AlTe."'d-e.~o;s rec".;~re 75% a;-r:-:;T\a: of e3C- class, ge...-.e:-a..:.ly, plus a.-,y other appropnat.e perg:)l"s or en~.lt.....es B. MaL~:e~a~c~ P~:~s~e~s a . t:r.1. : s Each owner J.S respc:r,s.l.l:lle. 9. b . Cc=::~ ;"reas AsSCCI.atlDn UI reSlJl::r.s~le. exceDt. ea::::. "'....e::- :-a...nt.u.....s heaUl.s ~ a.'.d parlung spaces for tu.s/he~ \lnlt Damage - Re~a....= or aban~cr..en: ?=o~....s_~ns ~leC to ~wr~~-e ?~s. s..:b)ect to is vote not to r~ld. COs+...s of repee.:- O\.-er and. aI:c\-e l..-.s:a:--ce prOl:eeCs are aj:p:Irtl.oned l::e~ awners or. bas:..s of liq'Ja-"1! footage of theu un Oesc::':,,;:::,o- and olo"l"le=s"'l:'? 0: conco:-:.:':.~.::. Ul.:":S Ele-erts of t.."e pro;ec that are not 00II'le:! l1l calM:In W1 th the ot.~ In!S't:e: JI."'ld cescr1beC :..n the COrx=o- !rJ..nllJT' Plan and t:eeds. toes not JJlCll.rle anv exclusl...e use .:....,'n.:.~ area · tJesc::':. ~ ::.on, olor."ersh::.? and I.:S e of cer-:crl a ::-eas '!he -'!t':tl::'e nroJec't. excect the uzu.ts. E'ac:h c::wner has an un:il""l.ded U\1:erest. 1J'l the .:.u...u.' area .taCh' owner has a f'la'l-excl'.1S1ve ....-e."lt as to the ...-":".,...,r. area. l'ark1.ng Space .uugn~nc' At least tw:) off-street. pclu.."\I; spClCfi!S per unt. 'lb!!y may not be tIOld, rented. or leased to anyone otler than Q.n'Ie:' or teMJ"t or o1;i1er l;M'Ie::'5. Res tr<, !;t1.ons 10. 11. 12. 13. &. Owner's Financial/Legal Status ~. b. Use. 1e51.dent1.Al p.rrp::I5eS a'lly. c. Any Restric~ion$ en Age of Occ~pancs. Naw. d. Pets' ~~~le h:Iusel'1:lld -pets pernu.t;ta:'. ~ " H1\P:2r-l; P:-epared by ~ !.. ~tCher 1Hle Mtorneys for Sutd~vlde1- l)a:e...June 22, 198- Wkly penon or entlty may p.1r::hase a unlt. ~rs do not l1lC~\Xie peI"s:Jr.s ..r..th RC\.lrlty l!lte~sts J.n ~ l.tr'.J.ts. - VI - .. ec .1" \. Figure 2. Nt~BER OF PARKING SPACES site: Number of Units Spaces Required Spaces Required Under SMMC Under Draft Zoning fi9~29 Fl.A Code 19044.4 Actual No. of Spaces to be Provided Project A: 23 units 46 spaces 46 basic spaces 55 spaces 3 spaces for extra bedrooms 5 quest spaces 54 total spaces Project B: 28 units 56 spaces 56 basic spaces 69 spaces 4 spaces for extra bedrooms 6 quest spaces 66 total spaces Project c: 12 units 24 spaces 24 basic spaces 27 spaces 0 extra bedrooms 2 quest spaces 26 total spaces Project D: 20 units 40 spaces 40 basic spaces 52 spaces 8 spaces for extra bedrooms 4 quest spaces 52 total spaces Project E: 4 units B spaces a basic spaces 8 spaces 0 extra bedrooms 0 quest spaces 8 total spaces Project F: 9 units 18 spaces 18 basic spaces 22 spaces 2 spaces for extra bedrooms 2 quest spaces 22 total spaces TOTALS: 96 units 192 spaces 228 spaces 233 spaces (under (under draft code) (actual) current code) . ATtftG.hfVlG1Jt .~. 1 Sept. 2, 1988 C!i'< 6F S~ ~'; ~ ~:,;~,!r! CITY PLt ~ - ' Santa Monica Planning Commission 1685 Main St. Santa Monica, CA 90401 -66 SEP 14 A924 Dear Commissioners: RE: EIR for Oscar Katz Condominiums We neighbors are concerned to see that there 1S no addendum to the Katz EIRs with respect to shadowlng. We had thought Commissioner Hecht requested additional information about shadowing, and we assumed, when we were notified that the addenda were complete, that such information was included. (Hence the erroneous statements in the long letter from Heidi Gralinsk and Randl Johnson re: the ErR.) I was therefore surprised when Ken Kutcher, one of the attorneys for Katz, assured me that no such information had been requested, and therefore none had been prepared. However, I have Just received a copy of the ME~ORANDUM from Planning Staff with respect to these proJects. ThiS Memorandum includes Planning Commission Minutes from the 7/6 meeting. In those M1nutes, Commissioner Nelson requests additional information (bottom of page 6, top of page 7) With respect to sewage generat10n factors. Th1S is the issue whiCh the exist1ng addendum to the ErR addresses. Note that farther down page 7 the follOWing paragraphs occur: "Chair Hecht stated that she had some difficulty with the shadowlng sectIon ((of the EIR)) and stated that she would l1ke some mltigation measures added. Chair Hecht also stated that she would like to see the calculations and any back up lnformatlon that was done to compute ~he fi9ures included as part of the document. (emphasis added) Chalr Hecht made a motion to continue the envlronmental aspec~ unt1l the Commission ~ets additlonal informat1on. (emphasis added) . . . Doesn't th~s constitute a direct request for addit~onal informat~on regardlng shadowing? Shouldn't this informat~on have been provlded? Why wasn1t It? Thank you for your attention to this matter. Sincerely yours, hlvl t~ N1ck Kazan 3014 3rd Street Santa Monica, CA 90405 (213-396-3583) cc: Paul Berlant 2 . Dorothy Semenow. Ph.D. 3008 3rd Street Santa Moni ca. CA 90405 (213) 392-3460 . CITY OF S,. '"t · M~~:!C ' CITY Pl f l- I, : 'I-r September 20, 1988 V;.?i.. To Coune i 1 person ffft./1 /) / Ai. ~rYl/111 -15'/ C:;/J n-rrn' SAC/( J-.eV-i4/Yl From Dorothy Semenow "88 SfP 21 All :16 Re Appeal by Osear Katz Trust of the Plannmg CommlsslOn's denial of EnvIronmental Impact Report, vestmg tentatIVe mapSj and condltlOnal use permIts for Oscar Katz condominium projects 1 The present plans for the SUe B project (T1M 45455, CUP474) as communlcated to me by archltect WIllIam Brantley today are in violation of the Municipal Code requirement of 17 feet side setbacks for the portion of the site fronting on 3rd Street 10 the followmg regard The parkmg structure entered from the 3rd Street frontage 15 mlsleadmgly characterlzed as "subterranean" because lt IS entered below street level In actuality. since the lot slopes downward. the parking structure stands ESSENTIALLY A FULL STORY ABOVE GROUND LEVEL at the area where it stands adjacent to the lower level living quarters of my home which is situated immediately to the south of B sHe. Therefore the parkmg structure, lIke the condommlUm Units themselvesj must conform to the requlred 17 feet SIde setback requlrement However, Mr Brantley mforms me that the present plans show the parkmg structure at substar'ltla\ly less thar'l '7 feet slde setback on tne south slde The 17 feet side setback. for the parking structure must be required to bring the project Into conformance with the Municipal Code and to mitigate environmental damage to my property. Please enforce the 17 feet side setback. requirement as regards the parking structure. Tharrk you for your careful consIderatIOn of this matter 5 lncere ly I . . L\\fRE~CE & HARDI~G C....s:t.STOP...E... ... ......"Oi"'G Q"C"'-,AoCIO'" =....awqE....CIr" KIt'tI\,l[TI-I ... "'U'tCHER "'....~A..J 111lIES....ICI( K!:"yl N V II(OZ.... AI ""O"CS.iQN"" c-O.-o""T'fi'l ....TTOR..r:'>'S ....T ........... ~ITY OF S~~"'. MONr A CIT~ PI . - '. '"1-- 'rso SIXTH ST"ttT SUITt ~OO SAN'TA "O~.eA. C"L".."'OAI""IIA 80401 .OC t"Lp 21 Pl- T"~t~HO..t Ir'31 3~3 1007 OC' ,)l:, L "~_ECOI'Ir:" (r'~J "!5I!'I~!5~ september 21, 1988 VIA MESSENGER EXPRESS Laurie Lieberman Deputy City Attorney City of Santa Monica 1685 Main street Room 300 Santa Monica, CA 90401 Re: Katz Condominium Projects EIA 849 Our File No. 216.2 Dear Ms. Lieberman: This law firm represents the Oscar Katz Trust with respect to the five new condominium projects which he proposes to construct in Ocean Park. originally, Mr. Katz proposed six projects in this neigh- borhood, and an anv ironmental impact report ( "the EIR") was prepared at our election to study the cumulative effects of all six projects. The EIR concluded that no siqnificant adverse environ- mental impacts would result from these six projects. Mr. Katz has since sold the proposed development site located at 2222 Fifth Street to a third party, and he continues to pursue the five remaining applications. As you know, the plans for these five projects were later modified at the direction of the Planning commission and with the input of various interested neigh- bors. As you also know, on September 7, 1988, the Planning Commission failed to certify the EIR on a 3 to 1 vote, and we have appealed this technical failure to certify the EIR and the result- ing technical denial of our vesting tentative maps and conditional use permits to the city Council. The projects are scheduled for a public hearing before the City council on september 27, 1988. At the Planninq Commission hearinq on September 7, 1988, attorney Josephine Powe, who was retained by several of the neigh- bors adjacent to these projects, raised certain issues concerning the adequacy of the EIR. We believe most of those issues were adequately addressed in my letter of that date to the Planning Commission. However, Hs. powe also raised for the first time during the hearing the question of whether the proposed modifica- tions to these projects necessitate preparation of a revised or supplemental EIR. lAv,""RE~CE & HARDIKG . . It. It'IiIO~ESS.O""''''1,. CORP-~PA"".O'" oO.TTCRN&YS AT ~W Laurie Lieberman September 21, 1988 Page 2 Because the proposed revisions only further mitigate the impacts of these projects and because none of the impacts of the original projects was found to be significant in the Draft EIR, it is clear that no subsequent or supplemental EIR is required under Public Resources Code Section 21166 of the California Environmental Quality Act ("CEQA"). Our analysis of this issue is explained more fully below. DESCRIPTION OF PROPOSED MITIGATION OF PROJECTS As noted above, our client originally proposed six projects. Each of the sites is located in Ocean Park, and none of the sites is presently developed. Ninety-six units were proposed for the six sites. The total square footage proposed for these 96 units was 145,246, plus 12,637 square feet of balconies and patios. Twenty-two townhouses and 74 flats were proposed. The six projects consisted of 1 one-bedroom unit, 64 two-bedroom units and 31 three- bedroom units. Nearly all buildings, other than the project proposed for 2722 Third street, consisted of three stories. (Even as originally designed, 2722 Third street is to be only two stories above average natural grade.) On April 22, 1988, Kr. Katz sold the site located at 2222 Fifth Street to a third party. That left 87 units for considera- tion at the July 6, 1988 Planning Commission hearing. At the conclusion of that hearing, the Planning commission requested that we explore various design issues with the surrounding neighbors, including the following concerns: relocating the Third street driveway from the southeastern boundary of 3000 Third street, breaking up the three-story facade at the street level of each si te, changing the architectural style to a variety of more traditional residential designs, and further evaluating the shade and shadowing impacts of t.he project proposed for 3019 Third street. After severtl neighborhood meetings, the plans for four of the five projects were changed in the following Significant respects: 1. The nu~her of stories facing the street has been reduced to two stories or to a combina- tion of two and three stories. In the process, the density on each of the four sites has been 1/ The proposed four-unit project at 2722 Third Street remains essentially unchanged for purposes of the EIR. L\"'~E"CE & HARDlXG . . " A IIRO,I,$510I'llA" CQ~POR""'IO" ATTO~"'EYS AT LAW Laurie Lieberman September 21, 1988 paqe 3 reduced by two units, resulting in a reduction of density to 79 units. Eighteen townhouses and 61 flats are now proposed, consisting of 55 two-bedroom units and 24 three-bedroom units. 2 . The total nUlIIber of parkinq spaces remains unchanged, resulting in additional quest parking spaces because of the reduction in density. 3. The floor area has been reduced to 125,394 square feet, plus 9,506 square feet of porches and balconies. 4. The driveway at 3000 Third Street has been relocated from the southeastern property line to the interior of the project, as requested by the neighbors. 5. Setbacks have been expanded further for the benefit of adjacent neighbors. 6. The architecture of the projects has been changed from the original contemporary design to a combination of San Francisco townhouse features. 7. The shade and shadowing impacts of the project proposed for 3019 Third Street have been further mitigated, and the reduced shadow impacts have been thoroughly analyzed by use of a computer program which calculates solar impacts. LEGAL ANALYSIS The appellant contends that no new, revised or supple- mental EIR is required for these proj ects because the proposed changes merely further mitigate the environmental effects of these proj ects -- effects which were determined by the EIR to be insignificant in the oriqinal projects. Section 21166 of CEQA specifically provides in pertinent part : LA\fRESCE & HARDI~G . . It. IDRO"E:$$IOHAL- COR'OAATlOH ATTORNEYS AT .....W Laurie Lieberman September 21, 1988 Page 4 . "When an environmental impact report has been prepared for a project pursuant to this division, no subsequent or 8upp~emental environmental imoact report shall pe .~qu~;~d by the lead agency or by any responsible agency, unless one or more of th. followi~q "vents occ;:urs: Ca> Substantial changes are proposed in the project which will require ma;or revisions of the environmental report. II CEmphasis added.) Similarly, CEQA Regulation 15162, subdivision (a), provides in pertinent part: "Where an EIR or Negative Declaration has been prepared, no additional EIR shall be Dr~pared ypless: ( 1) Subsequent changes are proposed in the project which will require important revisions of the previous EIR or Negative Declaration due to the involvement of new sicmificant environmental impacts not considered in a previous EIR or Negative Declaration on the project I . . . II (Emphasis added.) In the case of the Katz EIR, no "new significant environmental impacts" will result from the revised projects, and no "major" or "important" revisions to the EIR are required by the additional mitigation measures reflected in the revised plans. The case of city of Lomita v, City Qf Torrance, 148 Cal. App. 3d 1062, 196 Cal, Rptr. 538 (1983), is analogous. In that case, the city of Torrance, in August of 1976, certified a final EIR which studied the effects of a master plan relating to development of its municipal airport. Eight months later, Torrance elected to modify the master plan in certain respects, including the following: (1) the navigational aids project was changed~ (2) the City of Lomita was excluded from the Airport overlay Zone; (3) the proposed runway widening was changed; (4) the proposed runway lengthening was changed7 (5) the midfield exit taxiway was changed 7 (6) the midfield crash rescue facility was changed; (7) the comprehensive service road was changed~ (8) the aircraft wash rack facilities were expanded: and (9) the nu~her of possible fuel pits was expanded. ~. at 1069, n.2. ... L-\~'RE~CE &: HARDlXG . . It. PAO"ES~UOto.l;AL. COFtPORATIO"'" ATTORNEYS AT LAW Laurie Lieberman September 21, 1988 Page 5 ~he trial court found that these changes were ~ade in response to public input and that they merely resulted in a scaled down project: "The Torrance Municipal Airport Master Plan, during its further development in 1977, was subj ected to several public hearings before the City Council. .. During this process, the ambitious Dlans for the exoansion of aircraft oDeratlons were scaled down con- siderably in response to criticism by the city of Lomita, among others. Thus, certain changes were made from the draft plan in exis- tence at the time of final EIR approval. . . The various ehanaes in DIane w.re not sianificant in this context and were wi thin the scope of the final EIR in a general way." xg. at 1066 (emphasis added). The Court ot Appeal held: "Nothing is shown, however, nor is any adequate reference to the record otherwise made, to demonstrate the changes alluded to were substantial in comparative terms or that to the extent they were they would require major revisions of the EIR. [Citation.]" ,Ig. at 1069. Therefore, the Court held that no subsequent or supplemental EIR was required pursuant to Public Resources Code Section 21166. The case of Bowman v. Citv of Petaluma, 185 Ca1. App. 3d 1065, 230 ca!. Rptr. 413 (1986), is also instructive. In that case, the Court held: "Whereas section 21151 [of CEQA] requires an EIR if the project 'may have a significant effect on the environment,' section 21166 provides that an agency may not require preparation of another EIR unless 'substantial changes' in the project or its circumstances will require 'major revisions' to the EIR. [Footnote omitted.)" ~. at 1073 (emphasis in original). -- L\\\'"RE\"CE & HARDr~G . . .. P~O"'ESSION"L. CO~POA..tLON ....TTQFI..EYS ....T ......""" Laurie Lieberman September 21, 1988 page 6 The Court set forth a detailed analysis of Section 21166: If [S]ection 21166 comes into play precisely because in-depth review has already occurred, the time for challenging the sufficiency of the original EIR has long since expired [citation], and the question is whether circumstances have chanqed enough to justify repeatina a substantial portion of the process. [Emphasis in oriqinal.] Thus, while section 21151 is intended to create a 'low threshold requirement for preparation of an EIR t [citation] , section 21161 indicates a qui te different intent, namely, to restrict the powers of agencies 'by prohibiting [them] from requiring a subsequent or supplemental environmental impact report' unless the stated condi tions are met. [Ci tation. ] Section 21166 is intended to provide a balance against the burdens created by the environmental review process and to accord a reasonable measure of finality and certainty to the results achieved." ll. at 1073-74. Finally, the case of Lena Beach Sav. , Loan Ass'n v. Lona Beach Redevelopment Aaency, 188 Cal. App. 3d 249, 232 Cal. Rptr: 772 (1987), is of note. In that case, mitigation measures were imposed following completion of the environmental review. The Court held: "We tind nothing in CEQA commanding respondents to circulate for public review additional mitiqation measures made in response to comments by those who oppose the project. [Emphasis in original.] To allow the public review period to proceed ad nauseum would only serve to arm persons dead set aqainst the project with a paralyzinq weapon -- hired expert who can always · discover' tlaws 1n mitiqat10n measures. As previously noted, the purpose of CEQA is to inform qovernment decision makers and their constituency of the consequences ot a qi ven project, not to derail it in a sea of administrative hearinqs and paperwork." ~. at 263. LA'fREXCE & HARDlXG. . lit .ROFESSIO"(A.. COJlll!POFU,"'~O'" "'TTORNEYS A.T uo.W Laurie Lieberman September 21, 1988 Page 7 Based on the statutes and cases discussed above, it is clear that the mitigation measures which have been proposed require no further environmental study. A thorough EIR has already been prepared and circulated for public comment on these projects. The EIR concludes, after careful analysis, that no significant adverse impacts would have resulted from the original design of the projects. The projects have since been modified merely to further mitigate concerns expressed by the neighborhood. For these reasons, it would be onerous, unfair and unnecessary to conduct additional environmental review of these projects. In the present case, Ms. Powe suggests that the City prepare a new EIR to study the effects of the mitigation measures proposed to address concerns raised by her clients, among others. However, the EIR has previously determined that no significant adverse impacts would have resulted from the larger and denser projects originally proposed. Ms. Powe has presented no evidence to contradict the substantiated findings contained in the EIR, and those findings compel the conclusion that no significant adverse environmental impacts will result from these projects. It is apparent that Ms. Powe's strategy to challenge the EIR is solely designed to delay these housing projects as long as possible. CONCLtJ$I Olf For the foregoinq reasons and for the reasons described in my attached letter of September 7, 1988, we recommend that the EIR be certified for these projects. Respectfully submitted, ~}~~ Kenneth L. Kutcher for LAWRENCE & HARDING, a Professional corporation KLK:ymk:mdb:XATZ2 cc: Oscar Katz William Brantley Paul Berlant (Via Messenger) Suzanne Frick (Via Messenger) Shari Laham (Via Messenger) Chris Stabenfeldt Josephine Powe . ... .. .. . CITY OF SA ~ .. t Mm~\C I' CITY PL AN~ 'Y F:( '- 3015 3rd St. #5 Santa Monica,CA September 21,1988 Planning Staff, -88 SEP 21 P 1 :38 As of this writing I remain concerned about the proposed Katz development on Site C. Among the issues which I hope you would investigate are the elevations and height of the proposed structure, the proximity to the structure on 3015 3rd, and the resulting sign1ficant shadow impacts and impacts on air and open space. I realize that two un~ts from the front of the proposed structure have been removed. I realize also that the front of the proposed structure has been moved approximately 6' south. But I fail to understand how this m~tigates our concerns (see EIR p.V-36 and Figures 39 and 40). In examining the plans currently submitted by the architect, there have been no changes in the elevations of either the front or back IIfootprints" of the building. The back "footprint" is 11' away from the property l1ne and is at least 8' taller than the hiohest oeak of this existing structure (approximately 13'to 20' taller than the average existing roofline). The shadow studies presented by the architect are not in agreement with those prepared by McClelland Engineers in the Environmental Impact Report. This discrepancy does not seem to be explainable by the modifications mentioned above, therefore, I question the accuracy and/or validity of either findings. Please pay careful attention to these areas when making your recommendations. Your best professional judgment is appreciated. Sincerely, b 1ILripr:(,~Af/. J.Heidi Gralinski cc: City Council members