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SR-402-001 (26) . -~ -~ Y"~ z .-- 001' 12.-Gr SEP 271968 C/ED: PB: SF: SL Council Mtg: September 27, 1988 Santa Monica, California TO: Mayor and city Council FROM: city staff SUBJECT: Consideration of Whether to Accept or Reject an Appeal of a Planning commission Technical Denial of Certification of Environmental Impact Report, EIA 849, Katz Condominium Projects Applicant: Oscar Katz Trust Appellant: K & W Associates INTRODUCTION This report recommends that the Council consider a request for an appeal of the Planning Commission 1 s technical denial of Environmental Impact Report, EIA 849, which examined environmental impacts associated with the originally proposed development of 96 condominium units on six separate sites within Ocean Park. This request is simply to set a hearing date for an appeal of the denial of the EIR. This request has been filed to protect the party I s interests regarding one of the six Katz condominium projects which is currently owned by the appellant. Since the City Council will take action on EIA 849, that action will make this appeal moot. Therefore, this request should be denied. BACKGROUND Attached is a letter appealing the Planning Commission's technical denial of Certification of the Environmental Impact Report for the Katz Condominium Projects. The appellant is owner '2-~ JEP 2 7 19BB J 1 of one of the six sites (2222 Fifth street) which is examined in the subject EIR (CUP 477, vesting TPM 45457). As established by SMMC, section 9366 (b), when an interested person other than the subdivider appeals an item, the Council may, at its discretion, reject the matter or set the matter for hearing. Although the appellant owns one of the six sites, Oscar Katz Trust is the subdivider of record on the application for the Environmental Impact Report. Therefore, the appellant, K & W Associates, is considered an interested party in terms of application of the pertinent code section regarding an appeal. The appellant's application for CUP 477 and vesting TPM 18719 is contingent on certification of the Environmental Impact Report. The public hearing for this condominium application has been continued to the Planning Commission meeting of October 5, 1988. Therefore, if Council certifies the EIR prior to the October 5th Planning Commission meeting, the above referenced case may be heard at that meeting. Alternately, if Council denies certification of the EIR, then the case will be deemed technically denied. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the subject request for appeal be rejected if, prior to consideration of this item, Council has previously acted to certify the EIR, EIA 849. In ~ this case, the appellant's referenced condominium application may be heard at the Planning Commission meeting of October 5, 1988. Prepared by: Shari Laham, Associate Planner Paul Berlant, Planning Director Suzanne Frick, Principal Planner Planning Division community and Economic Development Department SL PC/KWappeal 09/l4/88 "" I- C::')lD'1UU 1> ICY:> PAUL C DESANTIS' ALSO "'EMBER OF NEW 'fORI< BAR ~@~O/ PAUL c. DESA~~f Kf~lT~ '~19~1~~ 3002 SANTA MONICA BOULEVARD, SUITE C --I _ SANTA MONICA. CALIFORNIA 904.RA-2506 TELEPHONE (213) 453 18E@ SEP 13 p 3 :1 7 TELEcoprER (213) 829.1476 September 13, 1988 kwOl Mr. Paul Berlant Director of Plannin~ City Planning DivisIon 1685 Main Street, Room 212 Santa Monica, California 90401-3295 Re: 2222 Fifth Street. Tract Map 45458. Appeal of Non-Certification of EIA 849 Dear Mr. Berlant: On behalf of our client, K & W Associates, we respectfully appeal the Planning Commission's failure to certify on September 7, 1988, the Environmental Impact Report (EIA 849) covering, among other projects, our client's proposed nine~unit condommium project at 2222 Fifth Street. .. The subject Environmental Impact Report, p'repared under the complete control of the City of Santa Monica, adequately addresses and, If anything, overstates, the environmental Impacts of our client's project. There is no valid basis for it not to be certified. It is our understanding that the City Council will be able to hear this appeal at its September 27, 1988, meeting. This is essential for our project, since certification of the EIR on September 27 is necessary so that the Planning Commission may hold a public hearing and act on our client's project within the legally required time period. ';;:;;;~ ~ . Paul C. De~~ Enclosure: Appeal Fee of $100.00 cc: K & W Associates II ........,;: .J -. ~@-~O/ PAUL C, DESANTIS A bP If) /.:)- (; SEP 2 7 1988 ..,. PAUL C DESANTIS' 3002 SANTA MONICA BOULEVARD. SUITE C SANTA MONICA, CALIFORNIA 90404.2506 TELEPHONE (213)45~1888 TElECOPIER (213) 829-1476 'Al.SO "'''MIlER OF NJ;;W YORK eAR September 27, 1988 ,... Mayor James P. Conn Honorable Member of the City Council 1685 Main Street Santa Monica, California 90405 Re: Agenda Item 12-G, Appeal of Planning Commission Technical Denial of CertIfIcation of ErR for 2222 Fifth Street. Santa MOllIca I Dear Jim: Our client, K&W Associates, is the owner of 2222 Fifth Street, one of the SiX projects analyzed in EnVIronmental Impact Report EIA 849. K&W Associates purchased this SIte from the Oscar Katz Trust prior to the Planning CommiSSIOn hearings on the remaining five Katz projects. The Fifth Street project itself has yet to have a public hearIng before the Planning CommIssIon. Our position is that this nine-unit project is independent from the "Katz" Third Street projects and is, therefore, CategorIcally Exempt from CEQA. Nevertheless, assuming arguendo the CIty'S positIOn that the project approval first requires certIfIcation of EIA 849, the CouncIl should note the following pomts: Unlike the Third Street projects, only the certification of the ErR IS before you, not the project design. Council certIfication of the ErR at this time wIll merely allow the Planmng Commission to conduct a public hearIng on thIS project on October 5th. This {>roJect has been redesIgned based on general comments made at the Planmng CommIssion hearIngs on the Thud Street projects and by neighbors of thIS project at a meeting coordinated by Kurt Hunter of the NeIghborhood Services Center. The result IS a much Improved, neighborhood-compatIble project on Fifth Street. The ErR, prepared under the dIrection of City staff, is a comprehensIve, complete document. Additional environmental research IS unhkely to proVIde any substantIve new information that would impact the review of the project. \Ve thus urge that the Council consider this situation and certIfy the EIR so that the Planning CommIssion may conduct a public hearIng on thIS project If the ErR is not certIfied, however, we reserve the nght to proceed independently from the Katz projects as a Categoncally Exempt project. ADIJ~. /cl-~ Very truly yours, SEP 2 7 1988 ~4f~' {ltr~ If1 ~FC9/ ~ LI/ &q ~ CI/