SR-402-001 (15)
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CjED:PB:SF:SL
Council Mtg: september 27, 1988
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal of a Planning Commission Technical Denial of
certification of an Environmental Impact Report, EIA
849, Conditional Use Permit 478 and Vesting Tentative
Parcel Map No. l8719 to allow a Four-Unit Residential
Condominium Project at 2722 Third street (Project F) .
Applicant: Oscar Katz Trust
Appellant: Lawrence & Harding, Inc. for Oscar Katz
Trust
INTRODUCTION
This report recommends that the City council uphold the appeal
and certify the Environmental Impact Report and approve
Conditional Use Permit 478 and vesting Tentative Parcel Map No.
18719 to allow construction of the proposed condominium
development. The proj ect is proposed to be four units to be
developed in a three-story structure. The Planning Commission
voted 3-1 to certify the EIR. The motion failed for lack of four
votes,
thereby technically denying Certification of the
Env ironmental Impact Report and, consequently, Condi tiona1 Use
Permit 478 and Vesting Tentative Parcel Map No. 18719. The
applicant's
representative
decision.
is
this
appealing
(Attachment B)
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BACKGROUND
Environmental Impact Report
The proposed development is one of six condominium projects
proposed by Oscar Katz Trust in July 1987. Although the proposed
project individually is categorically exempt from environmental
review, (Class 3[14] of the City Guidelines for Implementation of
CEQA) , an Environmental Impact Report (EIR) was prepared to
ensure that all environmental issues would be considered
cumulatively for the six projects. Therefore, an Environmental
Impact Report (ElA 849) was prepared for this project together
with the five other concurrently proposed projects which, as
originally proposed, consisted 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. The adequacy of the EIR
was considered at the first pUblic hearing at the Planning
Commission meeting of July 6, 1988. At this meeting, the
Commission requested that additional background information be
included in the EIR which specified the sewage generation factors
which had been employed to calculate the wastewater flows for the
project.
In response to this request by Commission, the EIR consultant
prepared an addendum which listed the requested wastewater
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generation factors. The addendum, in accordance with state CEQA
law, did not require recirculation of the EIR for an additional
public review and comment period. (This addendum has been
reprinted directly into the sewer section of the attached EIR.)
Staff provided notice of the availability of the addendum to all
persons who had spoken at the hearing.
At the continued public hearing of September 7, 1988, the
Planning Commission took new testimony regarding the EIR and
discussed its certification. (Please refer to minutes,
Attachment D.) Chair Nelson stated that the EIR document with
its addendum adequately met CEQA requirements. commissioner
Farivar made a motion to certify the EIR which was seconded by
Commissioner Pyne. Prior to the vote, Commissioner Mechur
questioned the adequacy of the EIR, based on the Third street
traffic counts, hydrology, sewer mitigation and shadow impacts.
The motion to certify the EIR failed to carry for lack of the
four votes necessary for passage by the following vote:
AYES:
NOES:
ABSENT:
Farivar, Nelson and Pyne
Mechur
Hecht and Lambert.
Project Desiqn
The applicant is proposing construction of a four-unit
condominium project on the subject site. The project has been
redesigned in response to concerns expressed by the Planning
Commission and public. The concerns which were expressed
regarding all of the sites in general, included compatibility of
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architecture with the neighborhood, scale and bulk of project,
shadow impacts, inadequate provision of child play areas, loss of
on-street parking, height of structures and loss of views. The
architect and applicant held several meetings with interested
neighbors to further understand the specific design concerns
related to each individual site.
As a result of these meetings, the following changes to the
subject plans for development of a four-unit condominium project
were implemented: reduced number of and view blockage of
perimeter trees; opened up southeast front corner of third story
and created a balcony in its place to maintain neighboring
property's view corridor; revised elevations to make more
compatible with surrounding architecture and enriched palette of
exterior materials.
The proposed development consists of four attached townhomes in a
three-story structure with the ground level devoted to parking.
The project is designed with driveway access on Third street
running along the north property line. Three floor plans are
proposed with one reverse. Each unit has two bedrooms, 2-1/2
baths and at least one balcony. No roof decks or lofts are
proposed. Overall building height above average natural grade is
35'-6".
A one-lot subdivision is proposed to permit the condominium
development. The site is currently vacant. Please refer to the
attached Planning Commission staff report for a more detailed
description of the lot configuration and surrounding development.
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ANALYSIS
This project is subject to the development standards of the
Zoning ordinance dated April 1986. Due to the deemed complete
date of the application, the proj ect is exempt from the Ocean
Park Interim Ordinance and the New Zoning Ordinance dated
September 1988.
This is the only project of the five Katz condominium proposals
which was not reduced in number of units during the redesign
process. However, staff notes that 5 units would be permitted
under the R3 development standards and only four are proposed.
Four units also would be permitted to be developed on this site
under the stricter density standards established for the R2 zone.
Eight parking spaces are required by code for the proposed
development and eight are provided. Proposed lot coverage is
approximately fifty percent and one-fourth of the site will be
devoted to landscaped and courtyard areas, as required by code.
Proposed exterior materials include horizontal wood siding; wood
trellis and guardrails and a combination parapet and gable
roofline.
Environmental Issues
The Environmental Impact Report addressed issues regarding
traffic 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
proj ect with the exception of short-term noise impacts during
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project construction. Mitigation measures are offered to reduce
these noise impacts and are recommended as conditions of approval
of the project.
Detailed level of service traffic analyses were prepared for nine
intersections in the vicinity of the projects. Kaku Associates
prepared the analysis for the evening peak hour at the following
intersections:
Fourth Street/Pico 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.
The addendum clarified the method by which the wastewater flows
for the project and cumulative projects list were developed. The
City's Wastewater Control ordinance, adopted subsequent to
preparation of the EIR, will further control wastewater flow to
Hyperion and help ensure that capacity is not exceeded. At the
Commission meeting of September 7, 1988, the EIR consultant added
to the public record a detailed description of the methodology
used in the EIR shadow study (Please refer to Attachment F).
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BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
CONCLUSION
The proposed development of four condominium units on the subject
site will be compatible with surrounding development which
consists primarily of medium density residential uses. The
project provides adequate landscaping, including a scattered row
of trees along the perimeter of the siter a density commensurate
with a lower zoning classification and adequate parking, private
and common open space and ameni ties to support the proposed
development.
The project meets or exceeds all development
standards and will not result in any long-term significant
environmental impacts.
It is staff's determination that this
project merits approval, subject to the conditions listed below.
RECOMMENDATION
It is respectfully recommended that the Council uphold the appeal
and approve CUP 478, Vesting TPM 18719 and the resolution
certifying the Environmental Impact Report, EIA 849, with the
following findings and conditions and the findings in the
attached resolution of certification.
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
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general wel fare are protected and no harm to adj acent
properties will result.
TENTATIVE PARCEL 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.
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
#1349 and #1353 if determined necessary by the General
Services Department. If lines need to be replaced, the
applicant shall be assessed a proportionate share of the
capi tal improvement costs as determined by the General
Services Department.
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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
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. 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 36' -21t
above average natural grade.
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 subj ect 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. 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).
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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.
14. This determination shall not become effective for a period
of twenty days for the Conditional Use Permit and ten days
for the Tentative Parcel Map from the date of determina-
tion or, if appealed, until a final determination is made
on the appeal.
TENTATIVE PARCEL MAP CONDITIONS
1. All off site improvements required by the City Engineer
shall be installed. Plans and specifications for off site
improvements shall be prepared by a registered civil 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
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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 I 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 seg. 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 seq. of
the Santa Monica Municipal Code.
Prepared by: Shari Laham, Associate Planner
Paul Berlant, Planning Director
Suzanne Frick, Principal Planner
Planning Division
Community and Economic Development Department
Attachments: A. Summary of Municipal Code and General Plan
Conformance
B. Appeal Letter, dated 9/8/88*
C. Resolution Certifying the Final EIR*
D. Minutes from Planning Commission Meetings of
7/6 and 9/7/88*
E. Planning Commission Statement of Off icial
Action
F. Report on Shadow Study Methodology*
G. Supplemental Planning commission Staff Reports*
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H. Planning commission staff Report dated 7/6/88
I. Letter received since 9/7/88
J. Plot Plan, Floor Plans, Elevations, Sections,
Roof Plans, Landscape Plan and Shadow study
K. Vesting TTM 45454
L. Final Environmental Impact Report, EIA 849*
M. Letter in response to letter received from
Gralinski and Johnson*
* In the interest of economy, these attachments have been
reproduced only once for all five Katz condominium
project appeals and may be found as attachments to the
Council item for CUP 473 and Vesting TTM 45454.
SL
PC/CCCUP478
09/12/88
.
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MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
ATTACHMENT A
Category Municipal Code
Permitted Use R3: Permits
Condominium
Development
Height 3 stories/
40 feet
Setbacks
Front yard
20 feet
Sideyard
5 feet
Rearyard
15 feet
Lot Coverage
50%
Parking
8 spaces
Density
One Unit/
1,000 sq. ft.
(6.5 units)
SL
PC/A478
9/14/88
Land Use
Element
original
Project
4-Unit
Condominium
Development
Medium.
Density
Housing:
permits
Condominium
Development
3 stories/
40 feet
3 stories/
36'-2"
Same as 20 feet
Municipal Code
Same as 8 feet
Municipal Code
Same as 15 feet
Municipal Code
Same as 50%
Municipal Code
Same as 8 spaces
Municipal Code
One unit/
1,250 sq. ft.
(5.2 units)
Revised
Project
4-Unit
Condominium
Development
3 stories/
35'-6"
20 feet
8 feet
15 feet
50%
8 spaces
One Unit/ One unit/
1,625 sq. ft. 1,625 sq ft
(4 units) (4 Units)
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f1+tfd) rYlE\\lt 'I E U
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, four-unit residential
condominium development with eight above-grade
parking spaces.
PLANNING COMMISSION ACTION
9/7/88
Date.
Approved based on the following findings and
subject to the conditions below.
X Denied. *
other.
* The motion to certify Environmental Impact Report, EIA 849
failed to carry due to lack of a quorum. Therefore, the con-
dominium project was technically denied.
FINDINGS
1. The Environmental Impact Report does not adequately review
and analyze potential environmental impacts and effects of
the proposed proj ects in terms of the Third street traffic
counts, hydrology, sewer flow mitigation and shadow impacts.
2 . The environmental review for the proj ects was conducted in
full compliance with CEQA and state and City CEQA guidelines,
there was adequate public review of the Draft Environmental
Impact Report, the Planning Commission has considered all
comments on the Draft Environmental Impact Report and respon-
ses to comments and the Planning Commission has considered
the contents of the Final Environmental Impact Report in its
decision-making process.
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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 tbe City of Santa Monica.
signature
print name and title
PC/stcup478
SL:nh
09/14/88
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Official Action
of the Planning
date
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CITY PLANNING DIVISION
Community and Economic Development Department
M.EMORANDUM
DATE: July 6, 1988
~o: The Honorable Planning commission
FROM: Planning Staff
SUBJECT: CUP 478, TPM 18719, ErA 849, New 4-Unit Condominium
Address: 2722 Third Street (Project F)
Applicant: Oscar Katz Trust
SUMMARY
Action: Application for Conditional Use Permit and Tentative
Parcel Map to allow construction of a four-unit condominium proj-
ect and a one-lot subdivision for condominium purposes. The pro-
posal meets all applicable development standards. An Environmen-
tal Impact Report (EIR) has been prepared for this project and a
resolution certifying the adequacy of the EIR has been prepared.
Recommendation: Approval.
SITE LOCATION AND DESCRIPTION
The subject property is a 6,500 sq. ft. parcel located on the
west side of Third Street between Hill street and Ashland Avenue
having a frontage of 50 feet. The lot slopes down towards the
rear with an overall fall in grade of approximately 8 feet. Sur-
rounding uses consist of two and three-story multi-family
residential (R3) to the north, south, east and west.
Zoning Districts: R3
Land Use Districts: Medium Density Housing
Parcel Area: 50' X 130' = 6,500 square feet
PROPOSED PROJECT
The applicant is proposing a three-story, four-unit condominium
project with the ground level devoted to parking. A one-lot sub-
division is proposed to permit the condominium development. The
site is currently vacant.
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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 ~ity 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
proj ect I scampI iance with appl icable 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 1S 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 proj ect 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 ~eview period. All comments received and responses
to the commer"ts are incorporated in the attached Final ErR. 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.
ANALYSIS
Project Design
The proposed four-unit condominium project is designed with
driveway access on Third Street leading along the north property
line into a swing-in garage on the first level. Direct stair
access from the garage to the unit entries is provided. The
trash enclosure is contained within the garage.
Four townhome units are provided on the second and third levelS
of the structure. Three floor plans are proposed with one re-
verse. Each unit has two bedrooms, 2-1/2 baths and a second
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level balcony ranging from 88 to 104 square feet. Unit sizes
range from 1,302 to 1,432 square feet. No roof decks or lofts
are proposed. overall building height above average natural
grade is proposed to be 36'-2".
Proposed exterior materials include stucco plaster walls and
aluminum windows with clear glass. Landscaping and walkways are
provided on the front, south and rear sides of the building.
Small planter wells are proposed along the edge of the driveway
on the north. Skylights are provided for each unit.
The project has a lot coverage of 50% with one-fourth of the lot
provided in landscaped areas, as required by code. All setbacks
meet code and the sideyard setbacks of 8 feet exceed the code
required setback of 5 feet. Eight parking spaces are required by
code and eight are provided.
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 supported in the EIR, no
significant environmental impacts would result from the project
with the exception of short-term noise impacts during project
construction. Mitigation measures are offered to reduce these
noise impacts and are recommended as conditions of approval of
the project.
Detailed level of service traffic analyses were prepared for nine
intersections in the vicinity of the projects. Kaku Associates
prepared the analysis for the evening peak hour at the following
intersections:
Fourth Street/Pico 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
would not have significant impacts at any of the nine study
intersections. Therefore, no traffic mitigation measures were
proposed.
CONCLUSION
The proposed development of four condominium units on the subject
site will be compatible with surrounding development which con-
sists of mUlti-familY residential uses. The plan provides ade-
quate landscaping, parking, private and common open space and
amenities to support the proposed development. The project meets
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or exceeds all development standards and will not result in any
long-term significant environmental impacts. For these reasons,
it is staffts determination that this project merits approval,
subject to the conditions listed below.
(
RECOMMENDATION
Staff respectfully recommends that the Planning Commission ap-
prove CUP 478, TPM 18719 and the resolution certifying the En-
v ironmental Impact Report, EIA 849, subj ect to the following
findings and conditions.
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.
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.
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.
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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
Services Department. 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 Oepartment.
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
soulnd 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. 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 neight of the structures not to exceed 36 1-2"
above average natural grade.
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
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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). Re-
fuse areas shall be of a size adequate. to meet on-site
need.
8.
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,
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.
or other such equipment
neighboring residential
10. Natural light shall be provided in at least one bathroom
in each dwelling unit.
ll. 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.
pUOlic 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.
14. This determination shall not become effective for a period
of twenty days for the Conditional Use Permit and ten days
for the Tentative Parcel Map from the date of determina-
tion or, if appealed, until a final determination is made
on the appeal.
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TENTATIVE PARCEL MAP CONDITIONS
1. All off site improvements required by the City Engineer
shall be installed. Plans and specifications for off site
improvements shall be prepared by a registered civil en-
qineer 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 Attorneyfs
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 f s shall be re-
viewed and approved by the City Attorney. The CC & R IS
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 paYJ..ent 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 seq. of
the Santa Monica Municipal Code.
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Prepared by: Shari Laham, Associate Planner
CUP47B
SL:
06/20/88
Attachments: A. Municipal Code and General Plan Conformance
B. Radius Map
C. Letter from Applicant, dated 2/16/88*
D. Resolution certifying the Final EIR*
E. Summary C.C. & R.'S
F. Protest letter received 6/27/88*
G. Plot Plan, Floor Plans, Elevations,
Shadow Diagram, Landscape and Irrigation Plans
H. Vesting Tentative Parcel Map No. 18719
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 as attachments to the staff re-
port for CUP 473, TTM 45454
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Land Use
Category Municipal Code Element project
Permitted Use R3: Permits Medium 4-unit
Condominium Density Condominium
Development Housing: Development
Permits
Condominium
Development
Height 3 stories/ 3 stories/ 3 stories/
40 feet 40 feet 36'-2"
Setbacks
Front yard 20 feet Same as 20 feet
Municipal Code
Sideyard 5 feet Same as 8 feet
Municipal Code
Rearyard 15 feet Same as 15 feet
Municipal Code
Lot Coverage 50% Same as 50%
Municipal Code
Farking 8 spaces Same as 8 spaces
Municipal Code
Density One Unit/ One unit/ One Unit/
1,000 sq. ft. 1,250 sq. ft. 1/625 sq. ft.
(6.5 units) (5.2 units) (4 units)
.
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LEGAL DESCRIPTION
LOT 1. TR~CT .0340
(rorl!\Hly lOT 5. BLOCK. A. SUIU rr lRAC~ J CASE NO
2122 THIRD STREET
STREET ADDRESS
ZONE_
APPUCANT
OSC~1l UTI
DATE
RADIUS MAP FOR
PUBLIC
t1EARING
DATE
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PARCEL NO:
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:~:>:~!~:;
2722 Thlrd Stree~
~S'L":~
(thlS should ~e a brlef s~~ry not an ln~e, :~ :~e c~r~_e:~ S~:)
COiltc:-!!:1It..":I ART: ~..:':; OF I:~COit."~RA':!~:;
BY"..A~';S A.lD CC.!..Rs
1. -Type of Organiza~ior.. Non-Drof~t !lI.Jtual t:enefJ.t COl"'X>raucn ac'"...:.."1C
as a .:;u;-~JJtilr.1 ~t asso:::auaJ. -
2 . Memb e rs hl P Eclch CWler. in:) n"h "9 subh vJ.der, of a cx:nc'ar 1..:'U 1.T'.
3. He~e rsh~? Ter:nlna tion A1.r'tOT\atlc tennJ.natlCfl ...'he."L the re-ber '1C
la'loger h::llds any J.J'ltet'est. 1J'l any Ulut.
Class A . all owrers othar t..'1an Decla:-a.'1t (t:ne~...e each).
4. Vonng R~;;lotts r.lass B _ Declarant (th..--ee votes ner IJrut). Class B ceases
and converts to Class ]l. en earl1est of: (1) total Class A votes e-:ua:. Class B
5 ~di!;.H ~l.l) second al'lluversa...ry.
.. '" ....e. ~ '.!'he Assoc:utla'l lI\1Iy rot CXlnUact for professlcnal Tnima06Ter'1t:
se.."'V.lc:es for a te..""'1' exc::eeC.lng a'Ie vear WJ.tiDut Iflil.Jorlty aporovaL p..'lV S.JC"
6. ~lE"i f.?i~ be temlnated by e.ltrer party. "'dallth or WJ.tiDl.."t cause, ~......,~c
.. ..~, to vs wrltten notlce. WJ.t..>.Alt
..flI?roXl.'1lOl......y ~ years. penalty fees.
7. E~:ec':1.....~:y Te~ of and Az:lenoen:s to CC':'i'.s Urutl pi!--tltlcr o!
ProJ~ or UI'ltll OeclaratJ.al revoked. Pirer~,...-,i;S r8:!Ulre 75% arrro\ a: of eac....
class. generally. plus any ot."er awropnate persons or entlUes
a. Ma4~:enance P:~~~s~ons
a. Uf'4:S &act. owner 1.5 ,:espc:r.s1ble.
9.
b. CO=C"l Areas Asso.:1At100 15 re.sa:ns1.ble. except eac:l owr-e: ::'a~taL~s
heat1.l1g systE!'" and park.J.ng spaces for tu5/her urui.
D~age - Repa~: or abancon~ent ~rov~s~~ns Tled to ~~ P~s.
subJect to a vote rot to rel:w.ld. Costs of repaJX over ~ ab:Ne .l.nS~a.'1Ce
proceeds are ~pt;":'r----J..oned between OolOerS on bas1S of 9qUare footage 0: the:..r un.'
Des cr:"~::..cn anc OW'llers ,,~~ 0: condor::..:-:....:::: l.....,,~:5 tlaoents of ~ proJect
thAt ere tlCt. ~ 111 ......11'..... ~t.h tre ~ JTerter and descr:U:ee U) the Cl;)Njo-
1l'.J.1U~ Plan and Deeds. Ooes not lnClu:3e anyexcluslve use ...,;n'.... area..
Des cr:..? t_c::. c\oIl".el'sh:..? ana l,:,Se of ctr.:on a=eas '!'h! entJ...re nrcJect,
~ the uruts. Each cwner has an undlVldeC lTItere~ 1J'l tie COT'OI'1 area.
~c:h ClWI'Ie;" has oil l'lCI"l-excluSJ.ve ......'""""e:'It as to the '.>..IlI'LA. area
Parking lipace A$5l.gn~nt. At least ~ off-street parlu.."lg spaces per Ul"lt.
'Itey may rot be sold, rented. or leased to anyone other than owner or tena!'~
-SJr ot.ty!r c;JIo'ners.
Kes tr.Ctl0ns
10.
11.
12.
13.
.. Owner's Flaanc~al/Legal Status None.
b. Use Aes1.denual p.lrlX)ses c:nly.
c. Any Restrictions on Age of Occupants. Haw.
d. Pets. ~-..ble Jrv_'-I-old -pets pet'llU.tta:1.
~ , \oW!:CI%
Prepared by' . ,
~ L. Kutcner
Tit 1 e Attorneys. for SUtrll vlde!"
Date" June 22, f987
*A1'Iy per9:ln or entlty IllIIY pJrchase a urut. Oorners do not ltICluje pers:ms w:.~'l
aecunty JJitcreS't.S 1J'I ~ uruts.
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i"<t..L-1 --
OfflCE;Jr i)[
enY l.,.,lt:R;-
JUDD HENKES 18 SEP 21 roO :52
2900 4TH ST., #6
SANTA MONICA, CA., 90405 - _ _ f" -It
SEPTEMBER 19, 198a~lAt<"\Ul':L.'----,vAL
'2. --F
SEP 2 7 1988
RE: APPEAL OF PLANNING COMMISSION
DENIAL OF CUP 478 AND VESTING
TPM 18719 (EIA 849)
2722 THIRD STREET
R3
CITY COUNCIL MEMBERS
CITY CLERKS OFFICE, ROOM 102, CITY HALL
1685 MAIN ST.
SANTA MONICA, CA., 90401
DEAR COUNCIL HEMBERS:
THIS LETTER IS TO STRONGLY OBJECT TO THE PROPOSED PROJECT.
THE DEVELOPMENT TAKES THE SURROUNDING NEIGHBORHOOD IN THE WRONG
DIRECTION. THE PROJECT WOULD FIT IN BETTER WITH THE NEIGHBORHOOD
ONLY IF LIMITED TO TWO STORIES, AND HAD INCREASED SIDE YARD.
FRONT-YARD. AND BACK-YARD OPEN SPACE. TO LEAVE THE PROJECT AS-IS
WOULD PRESENT A MASSIVE WALLED APPEARANCE. FURTHER LIMIT OTHERS
VISIBILITY, AND ADD ATTENDANT DENSITY PROBLEMS IN AN AREA ALREADY
IMPACTED ADVERSELY IN TERMS OF TRAFFIC.
ALL DEVELOPMENT IN AREA WILL HAVE ADVERSE AFFECT ON TRAFFIC AND
CONGESTION IN THE AREA. FOURTH STREET HAS ALREADY BECOME A
BUMPER TO BUMPER THOROUGHFARE AT ALL HOURS OF THE DAY AND NIGHT.
OFF-STREET PARKING IS ALREADY GREATLY AFFECTED BY MAIN STREET
COMMERCIAL ACTIVITY, THE BEACH, THE SCHOOL AT FOURTH AND ASHLAND,
ETC. AN INTENSIVE DEVELOPMENT AS PROPOSED WOULD ONLY EXACERBATE
THESE PROBLEMS.
THUS AN DEVELOPMENT IN THE AREA SHOULD BE SEVERELY RESTRICTED FOR
BOTH QUALITY-OF-LIFE AND DENSITY RELATED REASONS.
c! ~.' 6~ L-~Fv (>)
Ct!i, tfcrh-:~;V-1
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bDD -r7) '~--F
- S-~2 7 1988