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SR-402-001 (15) \. - ,. -. '2.-r~ SEP 2 7 \986 L/o-z-- 00/ 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) - 1 - 16uE ~ * 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 - 2 - ~ 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 - 3 - 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. - 4 - 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 - 5 - 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). - 6 - 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 - 7 - 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. - 8 - 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). - 9 - 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 - 10 - 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* - 11 - 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 . - 12 - 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) - 1 - 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. - 1 - 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 - 2 - Official Action of the Planning date ( At1l\dM6lJt "H" , I , <Z~ 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. - 1 - ( " 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 - 2 - ( ( 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 - 3 - / \ 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. - 4 - ( ./ \. 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 - 5 - ( ~ 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. - 6 - ( .; ... 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. - 7 - ( ( 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 - 8 - ( .,r- , "- 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) . - 9 - ~1 ~ · 'Il ~ : _! I. I I I . -1\1' I~rH\ I . ( . .s~n~[l . : I I I I I . ..' - .\- to I.., ""...... '2 ::! ~ ~@ ~i 'L_:~ >- , ," 'O[uot".. .. 1 . I ~ .. I "j}' j ~ ~ ~ ~ C r ~ ~ ~ J ~ :11",) !1~oOl~I'ITI' J .... ". ! TR~ID i I I ~ Ui" . I I I . . . .. FOURTH ! ;. i i; , , ., , .' . .. 'j - . . .N 'O. .. - J II II o ,. ... ...... :r . ~ .... CD . 1\ ~~.4\ It )c ~:\J .101III"'."" -, -.; 1.1- "~ , '9' ~G" 10'.: I .......J .........J .......J ......J .'. ~ - nt' 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 \)- lP~lNJINJUlNJ@ [Q)[gl?~~ir~~~!r Cl....t 0[;: S-t- Jho.~u:- uu~:tG'!la~ 'tfc.tntt All." Map Shu. No c z q .... :r: '" ... ." _I :I .. I r ~ '" .... .. . 0- .. ~ . wI' .' . . - I - ~ - , I I , ~ I I I ',I , ., . 11 " " , . ~ .-L-~JII' -.! .~I~ , I I 'f ' I I .. lIF"'"I"'l.''''''IG' I I I I I · J l'l' . ,,~~i 'i l 1 , , STREET :~l' I c..u'P 4,$ T'P 1./\ 18,1'1 R;, ,!<ol88 I n-29) 10S2~~_ ~ ( ( PARCEL NO: ~~ 1P'7,Q :~:>:~!~:; 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. - V1 - tjp~r{)t)( AO~_~ 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 ~ll/ ~~ bDD -r7) '~--F - S-~2 7 1988