SR-402-001 (18)
102'-00/
\2-C
SEP 271988
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 474 and Vesting Tentative
Tract Map No. 45455 to allow a 28-Unit Residential
Condominium Project at 3000 Third street (Project B).
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 474 and Vesting Tentative Tract Map No.
45455 to allow construction of the proposed condominium
development. The project, originally proposed to be 28 units,
has been reduced to a total of 26 units on this site. The
Planning Commission voted 3-1 to certify the EIR.
The motion
failed for lack of four votes, thereby technically denying
certification
of
the
Environmental
Impact
Report
and,
consequently f Conditional Use permit 474 and Vesting Tentative
Tract Map No. 45455. The applicant's representative is appealing
this decision. (Attachment B)
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12-G
SEP 2. 7 19&~
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 (EIA 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 4S-day public review period.
All comments received and responses to the comments are
incorporated in the attached Final EIR. The adequacy of the ErR
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 Design
The applicant originally proposed a 28-unit condominium project
on this si te. The proj ect has been redesigned in response to
concerns expressed by the Planning Commission and public. These
concerns included compatibility of architecture with the
neighborhood, scale and bulk of project, shadow impacts,
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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 plans
were implemented: project reduced to 26 units; relocated
driveway 50 feet away from south property line on Third street;
reduced number of and view blockage from perimeter trees;
fluctuated roofline to provide visual interest and reduce
massiveness of structure; reduced building height from 40' to
361-6"; increased front setback of third story portion of
structure on Second street from 20' to 38'-6" and increased side
setbacks of same third story portion; removed third story section
of building on south half of property facing Third Street; child
play area provided in side of site; reconfigured floor plans to
provide break up of massing and revised architecture and enriched
palette of exterior materials.
The proposed development consists of two, three-story structures
which are interconnected with above grade walkways. Courtyard
spaces are created between the various building walls. The
subject property is a through lot with a frontage of 200 feet on
Third street and 100 feet on Second street. Two separately
accessed subterranean garages are provided with a 20-foot
driveway on both Second and Third streets. The driveway on Third
Street accesses the upper subterranean garage which has 42
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parking spaces. The driveway on Second street accesses the lower
subterranean garage which provides 26 spaces.
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.
ANALYSIS
This proj ect is subj ect to the development standards of the
Zoning Ordinance dated April 1986. Due to the deemed complete
date of the application, the project is exempt from the Ocean
Park Interim Ordinance and the New zoning Ordinance dated
September 1988.
Although the number of units was decreased by two, there was no
reduction in the number of parking spaces provided. Fifty-two
parking spaces are required by code for the proposed 2 6-uni t
development and 68 are provided, resulting in a provision of one
guest space for every 1.6 units.
The project density has been reduced to one unit for every 1,500
square feet of lot area, which is the same as that allowed in the
R2 zone. Development standards for the R3 zone permit one unit
for every 1, 250 square feet of lot area, which results in 31
units for this property. The applicant is proposing only 84% of
the allowed number (26 units).
Overall building height above average natural grade is primarily
33 I and extends to 36 I -6" for that portion of the roof with a
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ridgeline. Code permits a maximum height of 40 feet; therefore,
the project is lower than the maximum height standard. No roof
decks are proposed. 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 plaster walls, horizontal
wood siding, wood trellis and guardrails, combination parapet,
gable and barrel vault roofline, wood frame windows, wood French
doors and stone planters. Each unit has two bedrooms, 2 or 2-1/2
baths and a private patio or balcony. Some of the units have a
den in addition to the living/dining areas.
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 act wi th 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:
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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
Cityls 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).
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
CONCLUSION
The proposed development of 26 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
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of trees along the perimeter of the site, parking which exceeds
the code requirement by 31 percent, a density commensurate with a
lower zoning classification, large setbacks, private and common
open space and amenities 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 proj ect merits approval,
subject to the conditions listed below.
RECOMMENDATION
It is respectfully recommended that the Council uphold the appeal
and approve CUP 474, Vesting TTM 45455 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
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.
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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.
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.
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9. The working drawings shall include a section showing the
overall height of the structures not to exceed 39' -0"
above average natural grade.
10. Any parking control system shall require prior approval of
the Planning Division to ensure that parking is accessible
for visitor use.
11. A 6-foot, decorative masonry wall shall be constructed
along the north, east and south property lines where no
solid wall currently exists to the satisfaction of the
Planning Division: wall details shall be included on the
working drawings prior to issuance of any building permit.
12 . The loft in unit plans Hand H-reverse shall not exceed
one-third the area of the open room below.
13. The Architectural Review Board shall review the project to
ensure that there is an adequate pedestrian entrance
statement made on the front elevation.
STANDARD CONDITIONAL USE PERMIT CONDITIONS
1. Plans for final design, landscaping and trash enclosures
shall be subject to review and approval by the Architec-
tural Review Board.
2. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning 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 Tract Map from the date of determination
or, if appealed, until a final determination is made on
the appeal.
TENTATIVE TRACT MAP CONDITIONS
1. All off site improvements required by the city Engineer
shall be installed. Plans and specifications for off site
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' 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,OOO 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.
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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 within two years from the effective date of
this approval, which is intended to provide an alternative
method for compliance with Program 12. An alternative
method may be, but is not limited to, the payment of a fee
in-lieu of providing the three Affordable Units.
Prepared by: Shari Laham, Associate Planner
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 Official
Action
F. Report on Shadow Study Methodology*
G. Supplemental Planning commission Staff Reports*
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 45455
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.
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SL
PC/CCCUP474
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
11-17 feet
Rearyard
15 feet
Lot Coverage
50%
Parking
56 spaces
Density
One Unit/
1,000 sq. ft.
(39 units)
SL
A474
9/14/88
Land Use
Element
Medium
Density
Housing:
Permits
Condominium
Development
3 stories/
40 feet
original
Project
28-Unit
Condominium
Development
3 stories/
40'-0"
Same as 20 feet
Municipal Code
Same as 11-17 feet
Municipal Code
Same as 15 feet
Municipal Code
Same as 50%
Municipal Code
Same as 68 spaces
Municipal Code
One Unit/
1,250 sq. ft.
(31 units)
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Revised
project
26-Unit
Condominium
Development
3 stories/
36'-6"
20 feet
11-17 feet
l5 feet
49.5%
68 spaces
One Unit/ One Unit/
1,400 sq. ft. 1,500 sq ft
(28 units) (26 units)
~-\-.f1\-C..h fHE I\Jt 'J f-"
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-
struct ion of a three-story, 28 -uni t res idential
condominium development with 68 subterranean
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 the City of santa Monica.
signature
print name and title
PCjstcup474
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
MEMORANDUM
DATE: July 6, 1988
TO: The Honorable Planning Commission
FROM: Planning staff
SUBJECT: CUP 474, TTM 45455, EIA 849, New 26-Unit Condominium
Address:
Applicant:
3000 Third street (Project B)
Oscar Katz Trust
SUIDIARY
Action: Application for Conditional Use Permit and Tentative
Tract Map to allow construction of a 28-unit condominium project
and a one-lot SUbdivision for condominium purposes. The proposal
meets all applicable development standards. An Environmental
Impact Report (EIR) has been prepared for this proj ect and a
resolution certifying the adequacy of the ErR has been prepared.
Recommendation: Approval.
SITE LOCATION AND DESCRIPTION
The subject property is a 39,OJO sq. ft. parcel located on the
west side of Third street and going through to the east side of
Second Street between Ashland Avenue and Marine street having a
frontage of 200 feet on Third street and 100 feet on Second
Street. The site slopes up from the west to the east \"ith an
overall rise in grade of approximately 26 feet from Second to
Third street. Surrounding uses consist of two and three-story,
mUlti-family residential (R3) to the north, two-story multi-
family residential to the south, multi-family residential and
vacant land (proposed Katz project, CUP 473) to the east and
mixed low density (one story) and medium density (two stories)
residential to the west.
Zoning Districts: R3
Land Use Districts: Medium Density Housing
Parcel Area:
200' X 130' and lOa' X 130' = 39,000 sq. ft.
PROPOSED PROJECT
The applicant is proposing a 28-unit condominium project consist-
ing of four, three-story buildings which are interconnected with
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above grade walkw"ays, thereby forming one structure. The t",o
buildings footprints on the west half of the site are basically
rectangular in shape. The two eastern building footprints are
basically triangular in shape. courtyard spaces are created
between the various building walls. Two separately accessed sub-
terranean garages are provided with a 20-foot driveway on both
Second and Third Streets. A one-lot subdivision is proposed to
permit the condominium development. The site is currently
vacant.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed condominium project is consistent with the Municipal
Code and in conformity with the General Plan as shown in Attach-
ment A. The project was deemed complete on July 10, 1987, which
was prior to adoption of the ordinance establishing interim
zoning regulations for Ocean Park. A provision of that ordinance
allowed for processing of projects under the existing zoning reg-
ulations when the application for development was deemed complete
by the city on or before July 28, 1987. Therefore, the project
is exempt from the interim zoning standards for Ocean Park and
must be reviewed according to the existing R3 zoning standards.
The applicant has submitted a letter which further addresses the
project's compliance with applicable development standards and
policies (please refer to Attachment C).
CEQA STATUS
The proposed development is one of six total condominium projects
proposed by the applicant. Although the proposed project indi-
vidually 1S categorically exempt from environmenta~ review,
)Class 3(14) of the City Guidelines for Implementatic, 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) vIas prepared for this project together
with the applicant's five other concurrently proposed proj ects
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
4S-day public review period. All comments received and responses
to the comments are incorporated in the attached Final EIR. Ap-
proval of the resolution certifying the adequacy of the EIR is
recommended.
FEES
The project is subject to a Parks and Recreation Facilities Tax
of $200.00 per unit and a Condominium Facilities Tax of $1,000.00
per saleable unit.
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ANALYSIS
Project Design
The project is designed with two separately accessed subterranean
garage levels. As required by code, two 20-foot driveways are
provided to serve the proj ect. The driveway on Second Street
accesses the lower subterranean garage which provides 26 parking
spaces. The driveway on Third street accesses the upper subter-
ranean garage Which has 42 parking spaces. Although the submit-
ted plans indicate 43 parking spaces in this garage, the design
of space #2 does not qualify to count as provided parking. A
total of 68 parking spaces are provided which exceeds the 56
spaces required by code. The twel ve extra spaces may be con-
sidered as the provision of approximately one guest space for
every 2-1/3 units. A trash enclosure and elevator are provided
in each subterranean garage.
Overall building height above average natural grade is 33 feet
for those portions of the building with a roof parapet. However,
peaked gable roof projections reach a height of 40 feet above
average natural grade. Development standards permit a maximum
height of 40 feet; therefore, the project complies with the
height standard. Proposed lot coverage is fifty percent and one-
fourth of the site will be devoted to landscaped and courtyard
areas, as required by code.
Four separate unit plans (and Unit A's reverse plan) are proposed
as follovlS:
Unit *' Bedrooms .il Baths Unit size Ba~:::ony Size
1t
(sq. ft. ) ~sq. ft. )
A (18) 2 2 1,520 124
B (3) 2 2 1,496 110
C (3) 2+1oft 3-1/2 1,570 144
D (4) 2+1oft 3-1/2 1,800 168
Proposed exterior materials include stucco plaster walls, alumi-
num windows with clear glass, glass block and painted steel hand-
rails. Each unit has at least one private balcony or patio.
Central courtyards and landscaped setbacks provide common open
space. A row of trees planted approximately 7 feet on center
along the side and rear property lines is proposed to provide
perimeter screening and privacy for the neighboring residential
units. Pedestrian access to the development is provided on both
street frontages along landscaped walkways.
Environmental Issues
The Environmental Impact Report addressed issues regarding traf-
fic and circulation; noise; sewer availability; aesthetics, light
and glare: land use consistency with the General Plan and zoning
ordinance and neighborhood impacts. As reported in the EIR, no
significant environmental impacts would result from the project
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with the exception of short-term noise impacts during proj ect
construction. Mitigation measures are offered to reduce these
noise impacts and are recon'l.'1lended 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.
CONCLUSION
The proposed development of 28 condominium units on the subject
site will be compatible with surrounding development which con-
sists primarily of medium density residential uses. The plan
provides adequate landscaping, including dense perimeter land-
scaping; parking which exceeds the code requirement by 21 per-
cent; large setbacks; private and common open space and a~enities
to support the proposed development. The proj ect meets or ex-
ceeds all development standards and will not result in any long-
term significant environmental impacts. For these reasons, it is
staff's determination that this project merits approval, subject
to the conditions listed below.
RECOI1MENDATION
staff respectfully recommends that the Planning Commission ap-
prove cup 474, TTM 45455 and the resolution certifying the En-
vironmental Impact Report, EIA 849, sUbject to the follm.Ting
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.
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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.
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 PEffi1IT CONDITIONS
1. Construction hours shall be limited to 7 a.m. to 8 p.m.
Monday thro~gh Friday and 9 a.m. to 8 p.m. saturday as set
forth in Section 42Q4 (S}~IC) 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 sel..rer 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 Department.
5. The project shall conform to any program the city adopts
to implement the city of Los Angeles Ordinance No. 163565
regarding connections to the sanitary sewer system.
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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 height of the structures not to exceed 401-0"
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.
ll. A 6-foot, decorative masonry wall shall be constructed
along the side and partial rear property lines where no
solid masonry wall currently exists to the satisfaction of
Planning Division; wall details shall be included on the
working drawings prior to issuance of any building permit.
12. The loft in unit plans C and D shall not exceed one-third
the area of the open room below."
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. 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
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forth in the california Administrative Code, Title 24,
Part 2.
6. Final parking layout and specifications shall be subject
to the revievJ 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 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-ai-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 Tract Map from the date of determination
or, if appealed, until a final determination is made on
the appeal.
TENTATIVE TRACT MAP CONDITIONS
1. All off site improvements required by the City Engineer
shall be installed. Plans and specifications for off site
improvements shall be prepared by a registered civil en-
gineer and approved by the City Engineer.
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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 Attorneyls
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-La\.,s and a Declaration of CC & R I s shall be re-
viewed and approved by the City Attorney. The CC & Rls
shall contain a nondiscrimination clause as presented in
Section 9392 (SHMC) and contain such provisions as are
required by Section 9122E (S}lliC).
6. The developer shall provide for payment of a Condominium
Tax of $1,000 per saleable residential unit per the prov~-
sions of Section 6651 et seq. of the Santa Monica
Hunicipal Code.
7. The form, contents, accompanying data, and filing of the
final subdivision map shall conform to the provisions of
Sections 9330 through 9338 (S}mC) and the SUbdivision Map
Act. The required Final l-lap filing fee shall be paid
prior to scheduling of the Final Hap 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
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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.
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 within two years from the effective date of
this approval, which is intended to provide an alternative
method for compliance with Program 12. An alternative
method may be, but is not limited to, the payment of a fee
in-lieu of providing the four Affordable Units.
Prepared by: Shari Laham, Associate Planner
CUP474
SL:
06/27/88
Attachments: A. Municipal Code and General Plan Conformance
B. Radius Hap
c. Letter from Applicant, dated 2/16/88*
D. Resolution certifying the Final EIR*
E. Summary C.C. & R. 'S
F. Protest letters received 6/27/88 and 6/28/88*
G. Plot Plan, Floor Plans, Elevations,
Shadow Diagram, Landscape and Irrigation Plans
H. Vesting Tentative Tract Map No. 45455
I. Final Environmental Impact Report, ETA 849*
'*
In the interest of economy, these
reproduced only once for all six Katz
ects and may be found as attachments
port for CUP 473, TTM 45454
attachments were
condominium proj-
to the staff re-
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ATTACHHENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Category
Permitted Use
Height
Setbacks
Front yard
Sideyard
Rearyard
Lot Coverage
Parking
Density
Municipal Code
R3: Permits
Condominium
Development
3 stories/
40 feet
20 feet
11-17 feet
15 feet
50%
56 spaces
One Unit/
1,000 sq. ft.
(39 units)
Land Use
Element
Medium
Density
Housing:
Permits
Condominium
Development
3 stories/
40 feet
Same as
Hunicipal Code
Same as
Hunicipal Code
Same as
}lunicipal Code
Same as
Hunicipal Code
Same as
Hunicipal Code
One Unit/
1,250 sq. ft.
(31 units)
.
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project
2S-Unit
Condominium
Development
3 stories/
40'-0"
20 feet
11-17 feet
15 feet
50%
68 spaces
One Unit/
1,400 sq. ft.
(28 units)
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LEGAL DEscn,PTION HC~K a, s~rnA FE T~ACl
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CASE NO T-r1v1 L1&::;;J-4:),s:.
STREET ADDRess
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APPLICANT
DATE
RADIUS MAP FOR
PUOLlC
HEARING.
DATE
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3000 ThE'd Street".
(thLS shc~Lc ~~ a b~~ef ~~~~r7 r~t ~n _~~e, ~0 ~~e C~~~~~[1 ~~C)
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3~-_ i.~';S -\...D C::'::"?$
1. Tv?e of Organ~zar::Lcn. Xc'1-nrcf:lt mutual beneht cor=rat1oi'l act1ng
as a CC:"Ga"L~lU- manac;errent aS50caat1cn.
2. ~~e!:l:'e:::sh::..p
2.ach ov'l"'.er. l..'1clwl.."'lq sub11 "lcer. 0: a =-i'CW:I..l"]..'Jl"1.
3.
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~or-ge~ nc~os arv ~terest L~ any un~t~
Class A - aL!, a..'\"',ers crre: than OOC:.arant (cne ,'Ote each) .
rlass g - C€clara.'1t (three "ot:es r.er mat). Class B ceases
4.
Vc t:':lg R::..;~ ts
5.
a~ C8r,~s to Class ~ on earlJ..e5t of (1) t8tal Class A ,utes ~l Class B
,.>:tes.. el: ,(~) second ar.ruversary.
..<,'1abe_ e..~ '!he ~soc1atJ..Cn moy not contract for profeSS;Lcnal i1'anaC;erer't
ser:"'1ces for a tern e.xceedmc o."\e vear "Il.t.fo\';t "-alcn.tv aoot:oval ;'nv s'.1Ch
t:e;:w:..~ ;;;~l.Ce ter-'".ll1ated by e;LttEr pa.."'t:y. ""l.th or-'Vl.t.'Dut cause, on 30
. _,-~,"cr L~rc . ....~. ..'_~ t
... . 1 ':'0 ca.....s r~Tl.....u::;:."l ~ot.lce, W~I...I.J.JU
l'p;>roxJ:ar:e y ~ j'ea=s. ~alty fees.
E:::2C::~'::'=j' Ten::. or. and _~-=e~c...-C!nts :;0 C::.:~s Cnltl ?<'rt::"~;Lon of
~oJec-:: cr 'J.nt1l Cecla=a-=lon !."e+,,"c<eC.. ;'..'ieI"'~LtS re::--..l:t;-e 75% 2cprrn.'al of eacl
c~ass. c:-2ne~-ally, pl,,;s any otJ-e~ ",?;:rcrrl.ar:e p2!:'sc~s or ent;Lt~es.
~al~:e~a~ce P=O~~SlO~S
6.
7.
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9.
b C.:l=on -'<reas AsSOCJ..aClO'1:LS res:x>psJ..ble, e..vce;:.t eac:l CI-er 'lalnt:uns
l'eatJ:S Slste:"1 and parkll'g sp.=ces fer ''-2Sf''t"Je~ un.l.t.
Da=a ge - R.e-=,a.:...= or ~:.ar:.cc:--e"'~ C :J:-O'....::..s :...:.... 5 :'1eO to lns.rrance prcceeds,
sub~ect to a ';ote not: to re!::u;.:'c. Ccst.::: cf recall o'-er ar.d al::D...e L'1Sura::ce
Fr~eeG.s are a~rt;Lc~eG bet;-~",- owners en bas'i..s of s...~e footage of theu: un
Des cr:..r:: :::':J~ 2:lC cw:-e rs ,:";:1 0:: cer dor _:':. _- l..rl:':"; Elere.-ts of t..'1e proJec
that are "'ct a..,nErl l.ll ccrncn ....'l.t..'1 tre ot.:-:er .-c:r:::er a"lj c:escn.ted ]...'1 tl'.e Condo-
TJJ1::':"'"1 Plar .3.'ld reeds. Cces rot Dlcl'.lde arv e..xclL:sr e use ccrr.c:l area *
C'e.scr:L:J ::..o~, o.....-e=sh~=- anc ~se of .:c--.:-cn ..3.:"eas Too e,;,-'C.lre nroJect,
€..'<C€Dt tl'e U':..~s. Sach a",T&r '-;as an \.:rClv:ded 1r.terest III t~ co:rrca area.
Ea.::::"; C!..r-e,: J-.2-S a non-e..xclus::.ve ease-e.-t as to the ca-tTD, area.
P ar:-t~ng S?ace .l..ss ~g-!::e'lL At least t"...o o:'::-street ?<IrkJ..nq 5?'lce5 rer Ull1.t.
T'ley "ay -,ot l::e sold, ~'e..'"lted. Cl- lea.see to ar,'Cne at.'--..er t!-.a.'1 co.rer or te.'"lant
or ct,1-.er ::;::.-.....ner-s.
Res c:::.cc:..ens
10
11.
12.
13.
a. O~~e~rs FL~anc~ali~~gal S~a[us
'\~cre.
b.
~s:dent;Lal ?u.'-;::cses o~l,!
Use
-c.
Any
:test:-:!..cc~ons
en ~ge of OCC~;:I~n~s
'<ore.
d.
Reasonable J-Duseh:Jlc o:-ets p:lrm.ttect.
Pets
lX~",")<CE & l',,'IRDI'-G
P::-epared by . ':41'-..... ~ -J... r:J....----
Ker~eth ~. ~utcr~r
TJ.cle l\ttor'e' 5 :cr Sub:ilvl.der
Da te :;'..re 22 r : as?
"Any ?€r90fl or ertlty !:laY purchase a unlt. o.ners co not lllCl:.rle p;'rsc:ns y':Lt."!
securl.~i J..nterests ~ the UOJ..ts.
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CITY ClERr.
A-~L)+-~ I~--t:-
SEP 271988
JUDD H~OE~
2900 4TH Rt. )tW~2 A9:55
SANTA MONICA, CA., 90405
SEPTEMBER ~, A~~~'w:-. GAL,I
RE: APPEAL OF PLANNING COMMISSION
DENIAL OF CUP 474 AND VESTING
TTM 45455 (EIA 849)
3000 THIRD STREET
R3
...
CITY COUNCIL MEMBERS
CITY CLERKS OFFICE, ROON 102. CITY HALL
1685 HAIN ST.
SANTA HONICA, CA., 90401
DEAR COUNCIL MEMBERS:
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 AilEA. FOURTH STREET HAS ALREADY BECOME A
BUMPER TO BUMPER THOROUGHFARE AT ALL HOURS OF THE DA Y 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 t" : 6:zr ~(7)
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{/. ADLJ 1-. IJwr~
SEP 2 7 1988