SR-402-001 (19)
Y02- 00/
12-6
OCT 11 1988
C/ED:PB:LM:
Council Mtg: October 11, 1988
Santa Monica, California
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TO: Mayor and city council
FROM: city staff
SUBJECT: Appeal of Planning Commission Denial of Conditional Use
Permit 516, A Proposal to Construct A Two story Plus
Loft, Five Unit Condominium, With Subterranean Parking
For Eleven Cars
INTRODUCTION
This report recommends that the city Council uphold the Planning
Commission's denial of Conditional Use Permit (CUP) 516 and deny
the subject appeal. On August 17, 1988 the Planning commission
denied the applicant I s request to construct a two story plus
loft, five unit condominium, by a vote of 2-2. Lewis Flinkman,
the proj ect proponent, has appealed the Planning Commission 's
determination (Attachment A).
BACKGROUND
The SUbject proposal was originally brought before the Planning
commission on June 15, 1988.
At that time the proj ect was
continued, and the applicant directed to redesign the structure.
The
Planning
Commission
cited
the
building's
lack
of
articulation, use of stark materials, and disregard for adjacent
architecture as grounds for requesting the projects redesign.
The proposal was brought back to the Planning Commission on
August 17, 1988. The revised project plans attempted to address
the Planning Commission's concerns, however, the basic design of
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OCT 11 ffi88
the project remained unchanged. The applicant had attempted to
comply with the Planning Commission's concerns by changing the
proposed building materials, and adding some architectural
features. The design changes included the use of ship lap siding
in lieu of stucco siding, the use of exposed beams along the
front and rear facades of the building, and the use of awnings
along the building I s southern and eastern elevations. A more
complete description of the project may be found in the Planning
Commission staff report dated August 17, 1988 (Attachment B).
The Planning commission denied the revised plans based on the
applicant's failure to make the project more compatible with the
surrounding architecture (Attachment C).
ANALYSIS
The subject appeal was filed twenty days after the Planning
Commission public hearing. Since there is only a ten day appeal
period for the tentative tract map, only the CUP is before the
Council. If the Council upholds the Planning commission's
determination, and denies the appeal, if the developer wishes to
pursue a condominium project on the site, a new tract map
application and CUP application will have to be filed. The
proposal will then be subject to the new zoning ordinance. If
the Council approves the appeal and reverses the Planning
commission's determination, the project may go forward as
designed, however, a new tentative tract map will still require
Planning Commission review. A third option open to the Council
would be to remand the project back to the Planning Commission
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for redesign. In the latter scenario, the project will not be
required to conform to the new zoning ordinance requirements.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
It is respectfully recommended that the Council uphold the
Planning Commission's denial of Conditional Use Permit S16, and
deny the subj ect appeal.
If the Council upholds the Planning
commission's determination, the findings contained in the
statement of Official Action should be adopted (Attachment C).
If the Council approves the appeal, and reverses the Planning
commission's determination, the findings and conditions contained
in the Planning Commission staff report of August 17, 1988 may be
adopted (Attachment B).
Prepared by: Larry Miner, Assistant Planner
Paul Berlant, Director of Planning
Planning Division
Community and Economic Development Department
Attachments: A. Appeal letter dated September 2, 1988
B. August 17, 1988 Planning Commission Staff Report
C. August 17, 1988 statement of Official Action
LM
HP/CC516
09/27/88
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A l1I\c+\l'\\ENT A
t:.J?'l~Q3
STAN fLINKMAN
ATTORNE:YATI.AW CITYOF..<:'!\'1 I.,
3005 ~X)t MAIN ~REET, S~Jt1ePL~~J~' ~'9dl.c,~
~ SANTA MONICA, Cto IFURNtA 90A05 - "
.
EXBqOO 15-.439
.88 SEP -6 P 4 :20
September 2, 1988
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Clty of Santa Monlca
Planning Department
1685 Hain Street
Santa Monica, Californ1a
Re: CUP 516 and TTM 45369
3003 3rd Street
To Whom It May Concern:
ThlS letter 15 1ntended to appeal the August 17, 1988, dec~sion
of the Plannlng CommlSSlon In denYlng the above mentloned ap-
plication. Please schedule a hearing with the Clty councll
50 that we may oresent the facts, which show that thls proJect
meets all the requirements of the Clty as of thlS date and
should be approved.
I
If you have a copy of the tran5crlpts from the August 17, 1988,
hearing, I would l~ke to have a copy of it to aSslst In my
preparatlon for t~e appeal hearlng.
r your pro~t attentlon to this matter.
STAN FLINKMAN
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An Ac.. \\\~E N T 'B
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CITY PLANNING DIVISION
Community and Economic D€"lopment Department
I
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MEMOR ;NDUM
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DATE:
August 171 1988
Th H bl I . 7 ..
e onora e P ann~ng r~mm~ss~on
TO:
FROM:
Planning Staff
Conditional Use Permit 516, Vesting Tentative Tract Map
45369
SUBJECT:
Address: 3003 3rd street
Applicant: Lewis Flinkman
SUMMARY
Action: Application to construct a 2 story plus 10ft, 5 unit
condominium on a parcel of approximately 7,745 square feet. Sub-
terranean parking for 11 cars is proposed.
Recommendation: Approval
SITE LOCATION AND DESCRIPTION
The subject property is a 7,745 sq. ft. parcel located on the east
side of 3rd Street between Marine street and Ashland Avenue
having a frontage of 49.5 feet. Surrounding uses consist of mul-
ti family residential to the north, south, east and west (R3).
Zoning Districts: R3 (Ocean Park Overlay Zone)
Land Use Districts: Medium Density Housing
Parcel Area: 7,745 square feet
PROPOSED PROJECT
This is an application to construct a 2 story plus loft, 5 unit
condominium with subterranean parking for II vehicles. All units
have similar floor plans consisting of 2 bedrooms and 2.5 baths
except for the rear unit which has 3 bedrooms 1 a loft, and 2.5
baths. Access to all units will be possible from individual sub-
terranean garages, and from an exterior, ground 1 evel , walkway
located along the buildings northern elevation.
The single family residence existing on the subject site is pro-
posed to be removed. A Declaration for Automatic Single Family
Exemption was filed with the Rent Control Department on July 16,
1985.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
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The prpposed project is consistent with the Municipal Code and in
conformity with the General Plan a~ shown in Attachment A.
CEQA STATUS
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The project is Categorical1~ Exe>pt per the City of Santa
Guidelines for the Implement~on of CEQA, class J{l4).
Monica
FEES
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The proposed 5 unit condominium is subject to a Park and Recre-
ation Facilities Tax of $200.00 per residential dwelling unit,
and a Condominium Tax $1,000.00 per saleable unit.
BACKGROUND
On June lS, 1988 the Planning Commission continued the subj act
proposal for redesign. The Planning Commission cited the proj-
ect's lack of articulation, starkness of materials, and disregard
for adjacent architecture as grounds for necessitating the proj-
ect's redesign*
ANALYSIS
The subject proposal meets all applicable Ocean Park interim
zoning requirements * The density is at the maximum 1 unit per
1,500 square feet of lot area, and the building has an overall
height of 27' as measured from an average natural grade of
117.SI.
The applicant has minimized the use of roof decks ana lofts in
the subject proposal. The only loft and roof deck proposed will
occur at the rear unit. The loft meets maximum floor area re-
quirements, and will be contained within one room as the kitchen
has no floor to ceiling partitions. The floor area to which the
loft opens is 680 square feet, and the proposed floor area of the
lot is 210 square feet, or 30% of the floor area below. The only
roof deck-proposed is located off the loft of the rear unit and
faces the rear yard. The location of the deck minimizes intru-
sion into adjacent residences, and, therefore, poses no privacy
problems.
The proposed redesign of the S unit condominium consists of a
change of materials, and various modifications to the building's
elevations to create additional articulation and enhance the
overall design.
The applicant has proposed a variation of the building previously
reviewed by the Planning Commission using ship lap siding as the
exterior building material. The design includes the use of ex-
posed beams along the front and rear facade of the building, and
the use of awnings along the buildings southern and eastern
elevations. Also proposed is an entry gate design feature at the
building's west elevation, and individual design features located
at the entrance of each unit along the building,s northern eleva-
tion. The subject plans also indicate the use of exterior
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"French Balconies" along the building's southern elevation.
These balconies do not proj act fr""m the building, however, the
safety railings project approximatE J 411.
~
The living room of each unit he r' been reduced in size, and an
exterior porch area created~ Tl.,J porch will be accessible via
sliding glass doors from thE; living room, and will be enclosed
with open screening material. ~ last page of the project plans
show an interior view of the p~c~ area.
CONCLUSION
The applicant has attempted to articulate the building eleva-
tions, as suggested by the Planning Commission, through the use
of awnings, exterior design features, and varying construction
materials. Planning staff has concerns over the proposed use of
metal screening, metal railings and ship lap siding as construc-
tion materials, the lack of an interesting roof design, and the
applicant I s attempt to incorporate superficial design features
such as entryway gates and and eaves and joist projections into
the revised plans in order to comply with the recommended design
changes. The building still retains the same scale and massing
as the proposal previously brought before the Planning Commis-
sion. The proposed changes to the building attempt to integrate
the craftsman architecture style into its design, and create less
of a visual impact on the surrounding neighborhood. The subject
proposal meets all applicable Planning and Zoning requirements
and therefore merits approval.
RECOMMENDATION
It is respectfully recommended that Conditional Use Permit S16
and Vesting Tentative Tract Map 45369 be approved with the fol-
lowing findings and conditions.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the public interest and necessary that
substantial justice be done and is compatible with
existing and potential uses within the general area,
traffic or parking congestion will not result, the public
heal th, safety and general welfare are protected and no
harm to adjacent properties will result.
2. A landscaping and lighting plan has been submitted in
accordance with SMMC Sections 91220.3 and 91220.4.
3.
A set of Conditions, Covenants, and Restrictions have been
submitted with the subject proposal setting forth the
occupancy and management policies for the project.
The subject application for a Conditional Use Permit was
deemed complete on April 14, 1988, 2 days after
supplementary information was received. On march 23, 1988
and April 7, 1988 letters were sent to the applicant
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. requesting clarification of the proj ect plans and
additional information.
TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, ~ogether with its prov~s~on for
its design and improvements, is consistent with applicable
general and specific plan~ ~s adopted by the City of Santa
Monica. /
2. The site is physically suitable for the proposed type of
development in that the project is an in-fill of urban
land adequately served by existing infrastructure and
having no significant physical site characteristics pre-
cluding the proposed 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 ofl property within
the proposed subdivision.
6. The design of the subdivision does not preclude future
passive or natural heating or cooling opportunities.
1.
TENTATIVE TRACT MAP CONDITIONS
2.
3.
4.
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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.
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.
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.
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.
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6.
-Prior to approval of the final map, Condominium Associa-
tion By-Laws (if applicable) and a Declaration of CC & R's
shall be reviewed and appro' i by the City Attorney. The
CC & R's shall contain a n~}discrimination clause as pres-
ented in section 9392 (SMVl) and in the case of condomini-
ums, contain such p:;:,ov..i.si }ns as are required by Section
9122E (SMMC).
The developer shall prc-;r~G for payment of a Condominium
Tax of $1,000 per saleable residential unit per the provi-
sions of Section 6651 et seq. of the Santa Monica
Municipal Code.
5.
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
condomini um 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 unit(s) on the subject lot,
per and subject to the provisions of Section 6670 et seq.
of the Santa Monica Municipal Code.
STAN~~RD CONDITIONS
1. The Conditional Use Permit shall be of no further force or
effect if Tentative Tract Map 45369 expires prior to ap-
proval of a Final Map for said tract.
2. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
3. 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.
4. 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.
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5. Final parking lot layout and specifications shall be sub-
ject to the review and appro, '1 of the Parking and Traffic
Engineer.
6.
Refuse areas,
be screened
Refuse areas
need.
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storage area ?and mechanical equipment shall
in acce~-d-anc.a with Sec. 9127J. 2-4 (SMMC).
shall be -of adequate size to meet on-site
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7. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
8. 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.
9. Natural light shall be provided in at least one bathroom
in each dwelling unit.
10. 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.
11. street and/or alley lighting shall be provided on pUblic
rights-of-way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
12. 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.
13. This determination shall not become effective for a periOd
of twenty days from the date of determination or, if ap-
pealed, until a final determination is made on the appeal.
14. The rights granted herein shall be effective only when
exercised within a period of one year from the effective
date of approval. Upon written request of the applicant,
the Director of Planning may extend this period up to an
additional 6 months.
15. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.5 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
INCLUSIONARY UNIT CONDITIONS
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"The developer shall covenant and agree with the City of
Santa Monica to the speiific terms, conditions and
restrictions upon the posse~ :on, use and enjoYment of the
subject property. which te~r~sl conditions and restrictions
shall be recorded with tt Los Angeles County Recorder's
Office as a part of the jeed of the property to ensure
that one (1) affordab:. unit is provided and maintained
over time and through ~~equent sales of the property.
An affordable unit shall ~r defined as being affordable to
households with incomes not exceeding 100% of the (HUD)
Los Angeles County median income, expending not over 30%
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
unites) available to eligible tenants and 2) responsibili-
ties 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
1211) . 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 corrpliance with Program 12. An alternative
method may be, but is not limited to, the payment of a fee
in-lieu of providing an Affordable Unit.
Prepared by: Larry Miner, Assistant Planner
ATTACHMENTS: B. Radius map
C. Resume CC+R's
D. Project plans
PC/CUP516A
SF: LM
06/01/88
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ATTACHMEr.... A
MUNICIPAL CODE AND GENERAL PLAN cC'JrORMANcE
f
La:i'd Use
Municipal Code :Element
/
/1 l"nit/l,250
sq. ft. of lot
area = 6 d.u.
Category
Permitted Use
Height
Setbacks
Front yard
Sideyard
Rearyard
Parking
Lot Coverage
1 unitjl,500
sq. ft. of lot
area = 5 d.u.
2 stories/27,
20'
5 ·
15'
IO parking
spaces
required.
50% maximum
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Project
1 unit/1,500
sq. ft. of lot
area = 5 d.u.
2 stories + loft/
27'
25'
5'
15'
11 parking spaces
proposed.
47% proposed
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LEGAL DESCRIPTION LOTS 20 & 21 BLK E SANTA FE TRACT
STREET ADDRESS 2931 & 3003 THIRD STREET
APPLICANT
STAN
F'LINKMAN
RADIUS MAP FOR VARIANCE FILE
[f>!bti\(M {Ptl cr ~@ (Q)~(Pti\~ir[RI ~~ir
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CJ\llamJ;lWU,A
CASE NO
ZONE
DATE
PUBLIC
HEARING
DATE
Rerefe~c.
,,11,.. Ma p
Slteet No
A1T Ae-t\- VVl€ f\l T C
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: CUP S16, Vesting TTM
LOCATION: 3003 3rd Street
APPLICANT: Lewis Flinkman
REQUEST: To construct a two story I plus 10ft, five unit
condominium with subterranean parking for eleven
vehicles.
PLANNING COMMISSION ACTION
8-17-88
Date.
Approved based on the following findings and
subject to the conditions below.
X Denied.
other.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use and location are not in accordance with
good zoning practice, nor in the public interest in that
the proposed architecture does not relate harmoniously to
existing craftsman style architecture in the neighborhood.
The scale Qf the building, lack of roof articulation, and
stark wall treatment all contribute to the project's
incompatibility with the surrounding neighborhood.
2. The floor plans as proposed discriminate against families
in that four out of the five units are two bedroom units.
Two bedroom units typically do provide sufficient space
for play. In addition, by placing the kitchens on the
second floor of the units, it will be difficult to carry
groceries from the subterranean garage, up two flights of
stairs, to the kitchen.
TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with provisions for its
design and improvements, is consistent with applicable
general and specific plans as adopted by the City of santa
Monica, however, the architecture of the proposed building
will detract from the architecture of the area.
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2. The site is physically suitable for the proposed type of
development in that the proj ect is an in-fill of urban
land adequately served by existing infrastructure and has
no physical site characteristics precluding the proposed
development.
3. The design of the subdivision and the type of the proposed
improvements will not cause substantial environmental or
substantially or unavoidably 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 of natural heating or cooling opportunities.
VOTE
Ayes:
Nays:
Abstain
Absent:
Vacancy:
Hecht, Mechur
Farivar, Nelson
Lambert, pyne
one
r hereby certify that this statament of
accurately reflects the final determination
Commission of the City of Santa Monica.
Official Action
of the Planning
signature
date
print name and title
LM
hp/tempst
CUP516ST
09/16/88
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