SR-402-001 (37)
L!C2-CO/
12-E
SEP 271988
C/ED: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 476 and vesting Tentative
Tract Map No. 45457 to allow a 20-Unit Residential
Condominium Project at 2115 Third street (Project D).
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 476 and Vesting Tentative Tract Map No.
45457 to allow construction of the proposed condominium
development. The project, originally proposed to be 20 units,
has been reduced to a total of 18 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, Conditional Use Permit 476 and Vesting Tenta ti ve
Tract Map No. 45457. The applicant's representative is appealing
this decision. (Attachment B)
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IL-E
s~r_ 2. 7 ~~__
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 45-day public review period.
All comments received and responses to the comments are
incorporated in the attached Final EIR. The adequacy of the EIR
was considered at the first public hearing at the Planning
Commission meeting of July 6, 1988. At this meeting, the
Commission requested that additional background information be
included in the EIR which specified the sewage generation factors
which had been employed to calculate the wastewater flows for the
project.
In response to this request by commission, the EIR consultant
prepared an addendum which listed the requested wastewater
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generation factors. The addendum, in accordance with state CEQA
law, did not require recirculation of the EIR for an additional
public review and comment period. (This addendum has been
reprinted directly into the sewer section of the attached EIR.)
staff provided notice of the availability of the addendum to all
persons who had spoken at the hearing.
At the continued public hearing of September 7, 1988, the
Planning commission took new testimony regarding the EIR and
discussed its certification. (Please refer to minutes,
Attachment D.) Chair Nelson stated that the EIR document with
its addendum adequately met CEQA requirements. commissioner
Farivar made a motion to certify the EIR which was seconded by
Commissioner Pyne. Prior to the vote, Commissioner Mechur
questioned the adequacy of the EIR, based on the Third street
traffic counts, hydrology, sewer mitigation and shadow impacts.
The motion to certify the EIR failed to carry for lack of the
four votes necessary for passage by the following vote:
AYES:
NOES:
ABSENT:
Farivar, Nelson and pyne
Mechur
Hecht and Lambert.
Project Design
The applicant originally proposed a 20-unit condominium project
on this site. The project 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: proj ect reduced to IS units; increased side
yard setbacks to vary between 15'-10" to 311; reduced number and
view blockage of perimeter trees; fluctuated roofline to provide
visual interest and reduce massiveness of structure; increased
setback from corner of Pacific and Third streets; increased front
setback of third story portion of structure; provided rear child
play area; reconfigured floor plans to provide break up of
massing; revised architecture and enriched palette of exterior
materials.
The proposed project consists of two structures interconnected by
above grade walkways. Two separate subterranean garages will be
accessed by two 20-foot driveways located centrally on both
Pacific and Third Streets. The project will be constructed on
two separate building pads with a grade difference of 10 feet to
conform to the contour of the site. A one-lot subdivision is
proposed to permit the condominium development. The site is
currently vacant.
ANALYSIS
This project is subject to the development standards of the
Zoning Ordinance dated April 1986. Due to the deemed complete
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da te of the appl ication, the proj ect is exempt from the Ocean
Park Interim Ordinance and the New Zoning Ordinance dated
September 1988.
Al though the proj ect was reduced by two uni ts, there was no
reduction in the number of parking spaces. Code requires 36
parking spaces for the subject development and 52 are provided;
therefore, guest parking is provided at the ratio of one guest
space for every 1.1 units.
Overall building height above average natural grade is primarily
33 feet and extends to 38 feet for a small portion of the roof
with a 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.
Development standards for this project in the R3 zone permit a
density of one unit for every 1,250 square feet of lot area or a
maximum of 22 units. The applicant has reduced the project to 18
units which is the same number which would be permitted in the R2
zone using the maximum density standard of one unit for every
1,500 square feet of lot area. The applicant is proposing only
82% of the maximum number of units permitted.
Proposed exterior materials
horizontal wood siding, wood
parapet roofline, wood frame,
include stucco plaster walls,
trellis and guardrails, plaster
mUlti-pane windows and French
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doors, glass block windows and stone planters. Each unit has two
bedrooms, 2 or 2-1/2 baths and a private patio or balcony.
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
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/Pica 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
proj ects, considered cumulatively, would not have significant
impacts at any of the nine study intersections.
Therefore, no
traffic mitigation measures were proposed.
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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).
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
CONCLUSION
The proposed development of 18 condominium units on the subject
site will be compatible with surrounding development which
consists primarily of medium density residential uses. The
neighborhood contains a mixture of development which includes one
to three-story structures and single-family residences, as well
as apartments built at a higher density than that proposed.
Al though this mixture exists, the primary development is of
two-story apartments.
The project provides adequate landscaping, including a scattered
row of trees along the perimeter of the site, parking which
exceeds the code requirement by 44 percent, a density
commensurate with the standards of a lower zoning classification,
large setbacks, private and common open space and amenities to
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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, subj ect to the conditions
listed below.
RECOMMENDATION
It is respectfully recommended that the Council uphold the appeal
and approve CUP 476, Vesting TTM 45457 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 welfare are protected and no harm to adj acent
properties will result.
TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its provlslon 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.
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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
l. 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
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.
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 331-0"
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.
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11. A 6-foot, decorative masonry wall shall be constructed
along the north side and rear property lines where no sol-
id masonry 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 C and E 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
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).
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
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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 Attorney1s
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.
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5. Prior to approval of the final map, Condominium Associa-
tion By-Laws and a Declaration of CC & Rls 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 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.
INCLUSIONARY UNIT CONDITION
L 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.
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.
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This prov~s~on 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
R. Vesting TTM 45457
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/CCCUP476
09/12/88
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MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
ATTACHMENT A
Category
Permitted Use
Height
Setbacks
Front yard
Sideyard
Rearyard
Lot Coverage
Parking
Density
SL
PC/A476
9/14/88
Municipal Code
R3: Permits
Condominium
Development
3 stories/
40 feet
20 feet
15.8 feet
15 feet
50%
40 spaces
One Unit/
1,000 sq. ft.
(27 units)
Land Use
Element
Medium
Density
Housing:
Permits
Condominium
Development
3 stories/
40 feet
original
Project
20-Unit
condominium
Development
3 stories/
33'-011
Same as 20 feet
Municipal Code
Same as 15.83 feet
Municipal Code
Same as 15 feet
Municipal Code
Same as 50%
Municipal Code
Same as 52 spaces
Municipal Code
One Unit/
1,250 sq. ft.
(22 units)
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Revised
Project
18-unit
Condominium
Development
3 stories/
33' - 38'
20 feet
15.831 - 31'
15 feet
49.5%
52 spaces
One Unit/ One Unit/
1,350 sq. ft. 1,500 sq ft
(20 units) (18 Units)
~M€~ "E"
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: CUP 476, Vesting TTM 45457, EIA 849
LOCATION: 2115 Third street
APPLICANT: Oscar Katz Trust
REQUEST: Condi tional Use Permit, Vesting Tentative Tract
Map and Environmental Impact Report to allow con-
struction of a three-story, 20-unit residential
condominium development with 52 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 projects 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:
Nays:
Abstain:
Absent:
Farivar, Nelson and pyne
Mechur
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
PC/stcup476
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 476, TTM 45457, EIA 849, New 20-Unit CondominiuM
Address:
Applicant:
2115 Third street (project D)
Oscar Katz Trust
SUMMARY
Action: Application for conditional Use Permit and Tentative
Tract Map to allow construction of a 20-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 EIR has been prepared.
ReCOMmendation: Approval.
SITE LOCATION AND DESCRIPTION
The subject property is a 27,000 sq. ft. parcel located on the
nort'1east corner of Third and Pacific Streets between Bicknell
Avenue and Pacific street having a frontage of 180 feet on Third
Street and a side frontage of 150 feet on Pacific street. The
site slopes up frOM the front to the rear with an overall rise in
grade of approximately 13 feet. Surrounding uses consist of two-
story, MUlti-family residential uses and a detached unit (R3) to
the north, three-story, multi-residential to the east, a single-
family residence across the street to the south and a mixture of
one and two-story, low and mediuM density residential uses to the
west. A retaining wall averaging approximately four feet in
height exists along the west and south property lines of the site
adjacent to the sidewalk.
Zoning Districts: R3
Land Use Districts: Medium Density Housing
Parcel Area: 180' X 150' = 27,000 square feet
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PROPOSED PROJECT
The applicant is proposing a 20-unit condominium project consist-
ing of two building footprints connected into one structure with
elevated walkways. Two separate subterranean garages will be
accessed by 20-foot driveways on Third and Pacific Streets. The
project will be constructed on t\>lO building pads with a grade
difference of 10 feet to conform to the contour of the site. 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
proj ect I s compliance with applicable development standards and
policies (please refer to Attachment C) '.
CEQA STATUS
The proposed development is one cf six total condominium projects
proposed by the applicant. Al~hough the proposed project indi-
vidually ~s categorically exempt from environmental review,
(Class 3 (14) of the City Guid'31ines 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 project together
wi th the appl icant I 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
45-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 a central, 20-foot driveway located
on Third Street leading to a subterranean garage containing 27
parking spaces. A second subbterranean garage containing 25
spaces is accessed from a 20-foot driveway located centrally on
Pacific Street. Code requires two, 20-foot driveways for proj-
ects which contain bet';veen 41 and 80 spaces. Forty parking
spaces are required by code and 52 spaces are providedfor the 20
units. Consequently, guest parking is provided at the ratio of
one space for every 1. 6 7 units. A trash enclosure is provided
within the central portion of the garage. In addition, a storage
room of approximately 285 square feet is provided in the upper
garage.
Overall building height above average natural grade is 33 feet.
Development standards permit a maximum height of 40 feet; there-
fore, the project complies with the height standard. The proper-
ty to the rear of the subject site is at a higher elevation.
Proposed height of the rear portion of the structure above the
grade level at the rear property line varies is approximately 28
feet. The northwest corner of the structure lowers to a height
of two stories. Proposed lot coverage is fifty percent and one-
fourth of the site will be devoted to landscaped and courtyard
areas, as required by code.
Five separate unit plans and three reverse plans are proposed as
follows:
Unit # Bedrooms .II Baths Unit Size Balcony Size
11'
(sq. ft. ) (sq. ft. )
A (2 ) 2 2 1,419 96
B (12) 2+den 2 1,520 124
C (1) 2+1oft 2 -1/2 1,765 252
0 (3) 2 2 1,477 109
E (2) 2+1oft 2-1/2 1,770 315
Proposed exterior materials include stucco plaster walls, alumi-
num windows with clear glass, greenhouse window skylights, glass
block and painted steel handrails. Each unit has at least one
private balcony or patio. No roof decks are proposed. Central
courtyards and landscaped setbacks provide common open space. A
row of trees planted approximately 71 on center along the rear
and north side property lines is proposed to provide perimeter
screening and privacy for the neighboring residential units.
Pedestrian access to the development is provided along the north
side property line on Third Street and adjacent to the corner, as
well as along the east property line, on Pacific street.
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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
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, 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 20 condominium units on the subject
site will be compatible with surrounding development which con-
sists primarily of medium density residential uses. Some of the
existing development on the property across the street to the
south and west of the site is of a smaller scale than the pro-
posed development. The neighborhood contains a mixture of
development which includes one to three-story structures and sin-
gle-family residences, as well as apartments built at a higher
density than that proposed. Although this mixture exists, the
primary development is of two-story apartments. The project pro-
vides adequate landscaping, including a dense screen of trees
along the perimeter of the site; parking which exceeds the code
requirement by 30 percent; 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.
For these reasons, it is staff's determination that this project
merits approval, subject to the conditions listed below.
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RECOHMENDATION
staff respectfully recommends that the Planning Commission ap-
prove cUP 476, TTM 45457 and the resolution certifying the En-
vironmental Impact Report, EIA 8491 subject 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 adj acent
properties will result.
TENTATIVE TRACT MAP FINDINGS
1. The proposed subdivision, together with its provision 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-f~ll
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-
st~ntially and avoidably injure fish or wildlife or their
haDitat.
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 PERHIT 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 (S}lliC) 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)i internal combustion engines shall be equipped
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3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
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with a muffler; stationary generators shall he fully en-
closed and temporary barriers used between generators and
property lines.
A standard sewer hook-up fee shall be paid to the City.
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 Department.
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.
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.
The exterior lighting plan shall incorporate low-intensity
lighting and hooded light fixtures orientated away from
traffic and surrounding residential uses.
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.
The working drawings shall include a section showing the
overall height of the structures not to exceed 33' -0"
above average natural grade.
Any parking control system shall require prior approval of
the Planning Division tc e~sure that parking is accessible
for visitor use.
A 6-foot, decorative masonry wall shall be constructed
along the north side and rear property lines where no sol-
id masonry 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.
The loft in unit plans C and E shall not exceed one-third
the area of the open room below.
STANDARD CONDITIONAL USE PEm~IT 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 co~~ission
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3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
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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.
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.
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.
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.
Final parking layout and specifications shall be subject
to the review and approval of the Parking and Traffic
Engineer.
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.
No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
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.
Natural light shall be provided in at least one bathroom
in each dwelling unit.
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.
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
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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 illumlnation
beyond the perimeter of the subject property.
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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
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 Deparlment of
the city of Santa Honica with one Dizal Cl"th 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 & H's
shall contain a nondiscrimination clause as presented in
Section 9392 (SMMC) and contain such provisions as are
required by Section 9122E (Sl1MC).
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 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.
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8.
The final ~ap shall be recorded with the Los Angeles Coun-
ty Recorder prior to issuance of any building permit for a
condominium proj eet pursuant to Government Code section
66499.30.
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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 Reeorder1s
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 CHUD) 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 (UProgram
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
CUP476
SL:
06/27/88
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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 Tract Map No. 45457
I. Final Environmental Impact Report, EIA 849*
* In the interest of economy, these attachments were
reproduced only once for all six Katz condominium proj-
ects and may be found as attachments to the staff re-
port for CUP 473, TTM 45454
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ATTACHHENT A
MUNICIPAL CODE AND GENERAL PLAN CONFOID~NCE
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
15.8 feet
15 feet
50%
40 spaces
One Unit/
1,000 sq. ft.
(27 units)
Land Use
Element
Medium
Density
Housing:
Permits
Condominium
Development
3 stories/
40 feet
Same as
Municipal Code
Same as
11unicipal Code
Same as .
Municipal Code
Same as
Nunicipal Code
Same as
Municipal Code
One Unit/
1,250 sq. ft.
(22 units)
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Project
20-unit
Condominium
Development
3 stories/
33'-0"
20 feet
15.83 feet
15 feet
50%
52 spaces
One Unit/
1,350 sq. ft.
(20 units)
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