SR-402-001 (14)
1/t92'- PO /
f:=,-\-\
OCT 2 5 198&
,
,
C/ED:PB:SF:SL
Council Meeting: October 25, 1988
Santa Monica, California
TO: Mayor and City Council
FROM: City staff
SUBJECT: Certification of statements of Official Action for the
Appeal of cup 473, CUP 474, CUP 475, CUP 476, CUP 478,
TTM 45454, TTM 45455, TTM 45456, TTM 45457, TPM 18719
(EIA 849); Oscar Katz Trust
INTRODUCTION
This report transmits for City Council certification, five
statements of Official Action for the appeal of the above listed
Conditional Use Permits and subdivision maps for the Katz
Condominium Developments to allow the construction of 79
residential condominium units at 2115, 2722, 2913, 3000 and 3019
Third street.
BACKGROUND
After public hearing and careful review of the record and staff
recommendations, the City Council upheld the appeal and approved
the five proposed condominiuim developments on September 27,
1988.
RECOMMENDATION
It is respectfully recommended that the City Council approve the
attached Statements of Official Action which contain findings and
conditions of approval for CUP 473, CUP 474, CUP 475, CUP 476,
- 1 -
~tt
- -~
CUP 478, TTM 45454, TTM 45455, TTM 45456, TTM 45457 and TPM 18719
(EIA 849).
Prepared By: Shari Laham, Associate Planner
Paul Berlant, Director of Planning
Suzanne Frick, Principal Planner
SL
STMEM
10/06/88
Attachments
- 2 -
, .
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: CUP 473, Vesting TTM 45454, EIA 849
LOCATION: 2913 Third street
APPLICANT: Oscar Katz Trust
REQUEST: Conditional Use Permit, Vesting Tentative Tract
Map and Environmental Impact Report to allow con-
struction of a three-story, 21-uni t residential
condominium development with 55 subterranean
parking spaces.
PLANNING COMMISSION ACTION
9/27/88
X
Date.
Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
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 adj acent
properties will result.
TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its prov~s1on 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.
- 1 -
, .
~ ~
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 large, 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.In. 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 the sewer lines
in the immediate vicinity of the project, if determined
necessary by the General Services Department, to assess
the capacity of these lines to service this project. If
lines need to be replaced, the applicant shall be assessed
a proportionate share of the capital improvement costs as
determined by the General Services Department.
S. Only ultra-low flow plumbing fixtures (i. e., maximum 1. 5
gallon toilets and low-flow showerheads shall be installed
at the project. The applicant shall comply with the zero
net flow option contained in section 7186 of Ordinance No.
1451 (CCS).
6. All air conditioning units shall be housed and/or muffled
such that they do not cause an exceedance of an equivalent
sound 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.
8. That all construction-related parking, including employee
and construction vehicles, shall be parked off-street.
- 2 -
9. The working drawings shall include a section showing the
overall height of the structures not to exceed 40' -On
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. The Architectural Review Board shall review the project to
evaluate the need for public safety and security reasons
to construct a fence or wall of suitable materials and
design not to exceed six feet in height at various loca-
tions surrounding the perimeter of the site.
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.
14. No residential parking permits for residents or guests
shall be issued for this project.
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 Commission
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.
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.
5. The 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.
- 3 -
~
7. Refuse areas, storage areas and mechanical equipment shall
be screened in accordance with Sec. 9l27J.2-4 (SMMC).
Refuse areas shall be of a size adequate to meet on-site
need.
No noise generating compressors
shall be placed adjacent to
buildings.
9. Project design shall comply with the building energy reg-
ulations set forth in the California Administrative Code,
Ti tle 24, Part 2, (Energy conservation Standards for New
Residential Buildings), such conformance to he verified by
the Building and Safety Division prior to issuance of a
Building Permit.
8.
or other such equipment
neighboring residential
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. l242 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.
TENTATIVE TRACT MAP CONDITIONS
1. All off site improvements required by the city Engineer
shall be installed. Plans and specifications for off site
improvements shall be prepared by a registered civil 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 City Attorney's
office.
3. The tentative map shall expire 24 months 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 -
.....
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 & R' s shall be re-
viewed and approved by the City Attorney. The CC & R's
shall contain a nondiscrimination clause as presented in
section 9392 (SMMC) and contain such provisions as are
required by Section 9l22E (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.
s. The final map 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.
9. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential 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 Angeles 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
- 5 -
,-4.
available to eligible tenants and 2) responsibilities of
the City of santa Monica to prepare application forms for
potential tenants, establish criteria for qualifications,
and monitor compliance with the provisions of the
agreement.
This provision is intended to satisfy the inclusionary
housing requirements of Program 12 of the Housing Element
of the General Plan of the city of Santa Monica ("Program
12") . 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 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.
VOTE:
Ayes: Conn, Finkel, Jennings, A. Katz, H. Katz, Reed and Zane
Nays:
Abstain:
Absent:
r hereby certify that this statement of
accurately reflects the final determination
Commission of the City of Santa Monica.
Official Action-
of the Planning
signature
date
print name and title
PC/cscup473
SL:nh
10/03/88
- 6 -
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: CUP 474, vesting TTM 45455, EIA 849
LOCATION: 3000 Third street
APPLICANT: Oscar Katz Trust
REQUEST: conditional Use Permit, Vesting Tentative Tract
Map and Environmental Impact Report to allow con-
struction of a three-story, 26''-unit residential
condominium development with 68 subterranean
parking spaces.
PLANNING COMMISSION ACTION
9/27/88
Date.
x
Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
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 wel fare are protected and no harm. to adj acent
properties will result.
TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its provlslon 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.
- 1 -
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 large, 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 in
the immediate vicinity of the project, if determined
necessary by the General Services Department to assess the
capacity of these lines to service this project. If lines
need to be replaced, the applicant shall be assessed a
proportionate share of the capital improvement costs as
determined by the General Services Department.
5. Only ultra-low flow plumbing fixtures (i.e., maximum 1.5
gallon toilets and low-flow showerheads) shall be in-
stalled at the project. The applicant shall comply with
the zero net flow option contained in Section 7186 of Or-
dinance No. 1451 (CCS).
6. All air conditioning units shall be housed and/or muffled
such that they do not cause an exceedance of an equivalent
sound 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.
8. All construction-related parking, including employee and
construction vehicles, shall be parked off-street.
- 2 -
9. The working drawings shall include a section showing the
overall height of the structures not to exceed 39' -6"
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. The Architectural Review Board shall review the project to
evaluate the need for pUblic safety and security reasons
to construct a fence or wall of suitable materials and
design not to exceed six feet in height at various loca-
tions surrounding the perimeter of the property.
12. The Architectural Review Board shall review the project to
ensure that there is an adequate pedestrian entrance
statement made on the front elevation.
13. No residential parking permits for residents or guests
shall be issued for this project.
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 Commission
Review. Construction shall be in substantial conformance
wi th the plans submitted or as modified by the Planning
Commission, Architectural Review Board or Director of
Planning.
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.
S. The 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. 9127J. 2-4 (SMMC).
Refuse areas shall be of a size adequate to meet on-site
need.
- 3 -
8. No noise generating 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.
TENTATIVE TRACT MAP CONDITIONS
1. All off site improvements required by the City Engineer
shall be installed. Plans and specifications for off site
improvements shall be prepared by a registered civil 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 City Attorney's
office.
3. The tentative map shall expire 24 months 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.
- 4 -
5. Prior to approval of the final map, Condominium Associa-
tion By-Laws and a Declaration of CC & R's shall be re-
vieWed and approved by the City Attorney. The cC & R's
shall contain a nondiscrimination clause as presented in
section 9392 (SMMc) 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 map 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.
9. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permi t for the construction or--
placement of the residential units on the subject lot, per
and subject to the provisions of Section 6670 et seq. of
the Santa Monica Municipal Code.
INCLUSIONARY UNIT CONDITION
1. The developer shall covenant and agree with the ci ty of
Santa Monica to the specific terms, conditions and
restrictions upon the possession, use and enjoyment of the
subject property, which terms, conditions and restrictions
shall be recorded with the Los Angeles County Recorder's
Office as a part of the deed of the property to ensure
that four (4) affordable units are provided and maintained
over time and through subsequent sales of the property.
An affordable unit shall be defined as being affordable 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 provisions of the
agreement.
- 5 -
This prov~s~on is intended to satisfy the inclusionary
housing requirements of Program 12 of the Housing Element
of the General Plan of the city of Santa Monica ("Program
12") . 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 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 four Affordable Units.
VOTE:
Ayes: Conn, Finkel, Jennings, A. Katz, H. Katz, Reed and Zane
Nays:
Abstain:
Absent:
I hereby certity that this statement ot
accurately reflects the final determination
Commission of the city ot Santa Monica.
Official. Action
of the Planning
signature
date
print name and title
PC/cscup474
SL:nh
10/03/88
- 6 -
~
I
,
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: CUP 475, Vesting TTM 45456, EIA 849
LOCATION: 3019 Third street
APPLICANT: Oscar Katz Trust
REQUEST: Conditional Use Permit, Vesting Tentative Tract
Map and Environmental Impact Report to allow con-
struction of a three-story, lO'-uni t residential
condominium development with 27 subterranean
parking spaces.
PLANNING COMMISSION ACTION
9/27/88
Date.
x
Approved based on the following findings and
subject to the conditions below.
Denied.
Other.
CONDITIONAL USE PERMIT FINDING
I. 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 adj acent
properties will result.
TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its prov1s1on 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.
- 1 -
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 large, 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 in
the immediate vicinity of the project if determined neces-
sary by the General Services Department to assess the
capacity of these lines to service this project. If lines
need to be replaced, the applicant shall be assessed a
proportionate share of the capital improvement costs as
determined by the General services Department.
5. Only ultra-low flow plumbing fixtures (Le., maximum 1.5
gallon toilets and low-flow showerheads) shall be in-
stalled at the project. The applicant shall comply with
the zero net flow option contained in Section 7186 of Or-
dinance No. 1451 (CCS).
6. All air conditioning units shall be housed and/or muffled
such that they do not cause an exceedance of an equivalent
sound 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.
8. All construction-related parking, including employee and
construction vehicles, shall be parked off-street.
- 2 -
9. The working drawings shall include a section showing the
overall height of the structures not to exceed 33 '-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. The Architectural Review Board shall review the project to
evaluate the need for public safety and security reasons
to construct a fence or wall of sui table materials and
design not to exceed six feet in height at various loca-
tions surrounding the perimeter of the property.
12. The 10ft in unit plan B shall not exceed one-third the
area of the open room below.
13. The entire floor plan of the two-bedroom unit indicated at
the southwestern portion of the second level plan on page
A-4 of the revised plans dated August 31, 1988 shall be
shifted laterally to the southe.ast by approximately 7'-6"
without further change.
14. The northwesterlymost 10 feet of the southwestern exterior
wall of the living room of Unit #306, as indicated on the
third level plan at page A-4 of the revised plans dated
August 31, 1988, shall be moved approximately 10 feet to-
the northeast: and the southwesterlymost 10 feet of the
northwestern exterior wall of the living room of Unit #306
shall be moved approximately 10 feet to the southeast.
All other portions of the exterior walls for unit #306
shall remain unchanged.
15. No residential parking permits for residents or guests
shall be issued for this project.
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 Commission
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.
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
- 3 -
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. The 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. 9127J. 2-4 (SMMC).
Refuse areas shall be of a size adequate to meet on-site
need.
8. No noise generating 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 Oepartment 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.
TENTATIVE TRACT MAP CONDITIONS
1. All off site improvements required by the City Engineer
shall be installed. Plans and specifications for off site
improvements shall be prepared by a registered civil en-
gineer and approved by the City Engineer.
- 4 -
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 city Attorney's
office.
3. The tentative map shall expire 24 months 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 oizal 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 & R' s shall be re-
viewed and approved by the City Attorney. The CC & R's
shall contain a nondiscrimination clause as presented in
Section 9392 (SMMC) 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 map shall be recorded with the Los Angeles Coun-
ty Recorder prior to issuance of any building permit for a
condominium project pursuant to Government Code section
66499.30.
9. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential 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 Angeles County Recorder's
- 5 -
Office as a part of the deed of the property to ensure
that two (2) affordable units are provided and maintained
over time and through subsequent sales of the property.
An affordable unit shall be defined as being affordable to
households with incomes not exceeding 100% of the (RUD)
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 provisions of the
agreement.
This provision is intended to satisfy the inclusionary
housing requirements of Program 12 of the Housing Element
of the General Plan of the City of Santa Monica ("program
12") . 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 which is intended to provide an alternative
method for compliance with Program 12. An al ternative__
method may be, but is not limited to, the payment of a fee
in-lieu of providing the two Affordable Units.
VOTE:
Ayes: Conn, Finkel, Jennings, A. Katz, H. Katz, Reed and Zane
Nays:
Abstain:
Absent:
r hereby certify that this statement ot
accurately reflects the final determination
Commission ot the City ot Santa Monica.
Official Action
ot the Planning
signature
date
print name and title
PC/cscup475
SL:nh
10/03/S8
- 6 -
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: CUP 476, Vesting TTM 45457, EIA 849
LOCATION: 2115 Third street
APPLICANT: Oscar Katz Trust
REQUEST: Conditional Use Permit, Vesting Tentative Tract
Map and Environmental Impact Report to allow con-
struction of a three-story, 1S-unit residential
condominium development with 52 subterranean
parking spaces.
PLANNING COMMISSION ACTION
9/27/88
Date.
x
Approved based on the following findings and
subject to the conditions below.
Denied.
other.
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 wel fare are protected and no harm to adj acent
properties will result.
TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its prOV1S1on 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.
- I -
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 large, 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 in
the immediate vicinity of the project if determined neces-
sary by the General Services Department to assess the
capacity of these lines to service this project. If lines
need to be replaced, the applicant shall be assessed a
proportionate share of the capital improvement costs as
determined by the General Services Department.
5. only ultra-low flow plumbing fixtures (i.e., maximum 1.5
gallon toilets and low-flow showerheads) shall be in-
stalled at the project. The applicant shall comply with
the zero net flow option contained in Section 7186 of Or-
dinance No. 1451 (CCS).
6. All air conditioning units shall be housed and/or muffled
such that they do not cause an exceedance of an equivalent
sound 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.
8. All construction-related parking, including employee and
construction vehicles, shall be parked off-street.
- 2 -
9. The working drawings shall include a section showing the
overall height of the structures not to exceed 38' -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. The Architectural Review Board shall review the project to
evaluate the need for PUblic safety and security reasons
to construact a fence or wall of suitable materials and
design not to exceed six feet in height at various loca-
tions surrounding the perimeter of the property.
12. The loft in unit plans C and E shall not exceed one-third
the area of the open room below.
13. No residential parking penni ts for residents or guests
shall be issued for this project.
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 Commission
Review. Construction shall be in substantial confonnance
with the plans submitted or as modified by the Planning
Commission, Architectural Review Board or Director of
Planning.
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. The 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. 9127J. 2-4 (SMMc).
- 3 -
Refuse areas shall be of a size adequate to meet on-site
need.
8. No noise generating 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.
TENTATIVE TRACT MAP CONDITIONS
1. All off site improvements required by the City Engineer
shall be installed. Plans and specifications for off site
improvements shall be prepared by a registered civil 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 City Attorney's
office.
3. The tentative map shall expire 24 months 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
- 4 -
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 & R' s shall be re-
viewed and approved by the City Attorney. The CC & Rls
shall contain a nondiscrimination clause as presented in
section 9392 (SMMC) and contain such provisions as are
required by Section 9l22E (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 map 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.
9. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential 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 Angeles 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
- 5 -
f
potential tenants, establish criteria for qualifications,
and monitor compliance with the provisions of the
agreement.
This provision is intended to satisfy the inclusionary
housing requirements of Program 12 of the Housing Element
of the General Plan of the City of Santa Monica (IIProgram
12 n) . 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 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.
VOTE:
Ayes: Conn, Finkel, Jennings, A. Katz, H. Katz, Reed and Zane
Nays:
Abstain:
Absent:
I hereby certify that this statement of
accurately reflects the final determination
commission of the city of Santa Monica.
Official Action
of the Plannin~
signature
date
print name and title
PC/cscup476
SL: nh
10/03/88
- 6 -
.
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: CUP 478, Vesting TPM 18719, EIA 849
LOCATION: 2722 Third street
APPLICANT: Oscar Katz Trust
REQUEST: Conditional Use Permit, vesting Tentative Parcel
Map and Environmental Impact Report to allow con-
struction of a three-story, fout-unit residential
condominium development with eight above-grade
parking spaces.
PLANNING COMMISSION ACTION
9/27/88
Date.
x
Approved based on the following findings and
sUbject to the conditions below.
Denied.
Other.
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 adj acent
properties will result.
TENTATIVE PARCEL 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.
- 1 -
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.
s. The design of the subdivision or the type of improvements
will not conflict with easements, acquired by the public
at large, for access through, or use of, property within
the proposed subdivision.
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 in
the immediate vicinity of the project if determined neces-
sary by the General services Department to assess the
capacity of these lines to service this project. If lines
need to be replaced, the applicant shall be assessed a
proportionate share of the capital improvement costs as
determined by the General Services Department.
5. Only ultra-low flow plumbing fixtures (Le., maximum 1.5
gallon toilets and ultra-low flow showerheads) shall be
installed at the project. The applicant shall comply with
the zero net flow option contained in Section 7186 of Or-
dinance No. 1451 (CCS).
6. All air conditioning units shall be housed and/or muffled
such that they do not cause an exceedance of an equivalent
sound 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.
8. All construction-related parking, including employee and
construction vehicles, shall be parked off-street.
- 2 -
9. The working drawings shall include a section showing the
ove~all height of the structures not to exceed 351-6"
above average natural grade.
10. No residential parking permits shall be issued for resi-
dents of this project~ however, guest parking permits may
be issued for this project.
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 Commission
Review. Construction shall be in substantial conformance
wi th the plans submitted or as modified by the Planning
Commission, Architectural Review Board or Director of
Planning.
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. The 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. 9l27J. 2-4 (SMMc).
Refuse areas shall be of a size adequate to meet on-site
need.
8 . No noise generating 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.
- 3 -
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 wi thout 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.
TENTATIVE PARCEL MAP CONDITIONS
1. All off 9i te improvements required by the City Engineer
shall be installed. Plans and specifications for off site
improvements 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 City Attorney's
office.
3. The tentative map shall expire 24 months 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 & R' s shall be re-
viewed and approved by the city Attorney. The CC & Rls
shall contain a nondiscrimination clause as presented in
Section 9392 (SMMC) 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.
- 4 -
.
7. The form, contents, accompanying data, and filing of the
fin~l 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 map 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.
9. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential units on the SUbject lot, per
and subject to the provisions of Section 6670 et seq. of
the Santa Monica Municipal Code.
VOTE:
Ayes: Conn, Finkel, Jennings, A. Katz, H. Katz, Reed and Zane
Nays:
Abstain:
Absent:
I hereby certify that this statement ot
accurately reflects the tinal determination
Commission of the City ot Santa Monica.
Official Action
of the Planning
signature
date
print name and title
PC/cscup478
SL:nh
10/03/88
- 5 -