SR-08-09-1988-5A
C/ED:PB: LM: 1m
Council Mtg: July 12, 1988
tjot/-tJOS
AUG 9 1988~
Santa Monica, Californla
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TO: Mayor and City council
FROM: city Staff
SUBJECT: Appeal of Planning Commission Approval of Tentative
Parcel Map 19007 and Conditional Use Permit 487; A
Proposal to Construct a 4 Unit Condominium at 245
Hollister Avenue. Applicant: Barbara Coffman and
Associates. Appellant: David L. Ganezer.
INTRODUCTION
This report recommends that the city council deny the SUbj ect
appeal and approve Conditional Use Permit (CUP) 487 and Tentative
Parcel Map (TPM) 19007 for a 4 unit condominium, as recommended
in the Planning commission staff report, and approved by the
Planning commission, by a vote of 6-0, on May 4, 1988.
The appellant cites the projects detrimental impact on the
surrounding neighborhood as grounds for the SUbject appeal
(Attachment A) .
BACKGROUND
On November 2, 1987 the Planning Commission continued the
applicant1s request to construct a 3 story, 4 unit condominium at
245 Hollister Avenue. In continuing the hearing on the proposal,
the Planning Commission directed the applicant to meet with
adj acent neighbors and incorporate their concerns into revised
plans. The Planning Commission also directed the applicant to
reduce the height of the building to 2 stories, provide screening
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for the roof decks, and address the relocation of ~n-site
vegetation.
On May 4, 1988, after a public hearing, the Planning Commission
approved revised plans for the development of a 3 story, 4 unit
condominium. The applicant had met with neighbors in an attempt
to address their concerns. The overall height of the building
was reduced from 35' to 27' and the roof decks were set back from
the perimeter of the building and screened with a 42" high
parapet wall. In addition, the applicant agreed to maintain
significant on-site vegetation, and a condition to that effect,
Special Condition #2, has been placed on the project.
A more detailed project description may be found in the Planning
Commission staff report dated May 4, 1988 (Attachment B). The
Planning Commission statement of Official Action is included as
Attachment C of this report.
ANALYSIS
The proposal to construct a 3 story, 4 unit condominium at 245
Hollister Avenue is not subject to the Ocean Park Interim Zoning
Ordinance adopted by the City Council on August ll, 1987. The
application for the subject proposal was deemed complete prior to
the July 28, 1987 cutoff date imposed under the interim
ordinance, and the project may, therefore, be developed to the R3
zoning standards.
The structure, as originally designed, was 3 stories/35, in
height, with stairway enclosures providing access to the roof
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decks extending an additional 9' above the roof line. (stairway
enclosures are permitted above the maximum height limit per SMMC
section 9126B.) The applicant has reduced the building's overall
height from 3 stories/35, to 3 storiesj27, as measured the
average natural grade. The maximum height limit under the R3
zoning standards is 3 stories/40'J and the maximum height limit
under the Ocean Park Interim Zoning Ordinance is 2 stories/27'.
Although the building exceeds the maximum number of stories
permitted under the Ocean Park Interim Zoning Ordinance, the
building's overall height complies with the maximum height limit
imposed under the interim ordinance.
Under the R3 zoning requirementsJ a total of 4 units, or 1 unit
per 1,250 square feet of lot area, are permitted on the 4,490
square foot lot in question. Under the Ocean Park Interim Zoning
Ordinance, a total of J units, or 1 unit per 1,500 square feet of
lot area, are permi tted on the subj ect lot. At 4 units, the
subject proposal is at the maximum density permitted under the R3
zoning standards.
The subject proposal meets all applicable R3 zoning requirements
pertaining to building height, density and setback. The plans
approved by the Planning Commission on May 4, 1988 reflect the
applicant's attempt to reduce the size and scale of the building
and address neighborhood concerns over the impact of the building
on adjacent residences. In addition, the roof decks have been
set back from the perimeter of the building so as to minimize any
impact to adjacent residents privacy, and the applicant has
agreed to maintain significant on-site vegetation. Also, the
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applicant has provided side yard setbacks greater than the
minimum 4' required, and the building elevations along the side
property lines are articulated and stepped back at the upper
floors so as to minimize the impact of the proposed structure on
adjacent residents.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
CONSIDERATION
In acting on this item, the City council may deny the appeal and
approve the Conditional Use Permit and Tentative Parcel Map with
the findings and conditions contained in the May 4, 1988 Planning
Commission statement of Official Action; may uphold the appeal by
denying the Conditional Use Permit and Tentative Parcel Map: or
otherwise act to approve, conditionally approve, or deny the
project as it deems appropriate.
RECOMMENDATION
It is respectfully recommended that the council deny the appeal
and approve Conditional Use Permit 487 and Tentative Parcel Map
19007 with the findings and conditions contained in the May 4,
1988 statement of Official Action.
Prepared by: Larry Miner, Assistant Planner
Paul Berlant, Director of Planning
Planning Division
Community and Economic Development Department
Attachments: A. Letter of Appeal by David L. Ganezer.
B. May 4, 1988 Planning Commission staff Report.
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PB: LM: 1m
PC/CUP487CC
06/07/88
C. May 4, 1988 Planning Commission statement of
Official Action.
D. Project Plans.
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TO Mr Paul Berlont, Dlrector of Plonmng
CIty Plenmng DIvIsIon
1685 Main street
S~nta MOnIca, 90401
Deer Mr Berl ent
On behalf of the owners and tenants at 2328 Th1rd Street, I hereby appeal
the 245 Ho1l15ter Project to the cIty Counc11 on the grounds that 1t IS not
10 the best mterest of the nelghborhood
If any necessary Item 15 m1sslng from th1s appeal, please notIfy me at
2328 Thl rd Street #8
Sonta MomcEI, CA 90405
(213) 396-6485
c5j~~:L ,~p---
Davl d L Gemezer ./
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CITY PLANNING DIVISION
Community and Economic Development Department
HEHORANDUH
DATE: May 4, 1988
TO: The Honorable Planning commission
FROM: Planning staff
SUBJECT: CUP 487, TPM 19007
Address:
Applicant:
245 Hollister Avenue
Barbara Coffman and Associates
SUNMARY
Action:
Application for conditional Use Permit and Tentative
Parcel Map to construct a four unit condominium.
Recommendation: Approval.
SITE LOCATION AND DESCRIPTION
The subject property is a 4,940 square foot parcel located on the
north side of Hollister AVenue between 2nd and 3rd streets, with
a frontage of 38 feet. Surrounding uses consist of mUlti-un1t
apartments to the north, south and east (R3) and a single-fam1ly
residence to the west (R3).
Zoning District:~
Land Use District~
R3
Medium Oensity- Housing
,
Parcel Area:
4,940 Square Feet
PROPOSED PROJECT
This is an application to construct a 3 story 4 unit condominium.
All units have similar floor plans consisting of 3 bedrooms and 2
bathrooms. Access to the units will be from individual exterior
stairways leading from a ground level walkway, lecated along the
building' 5 western elevation, to the second floor. Exterior
stairways leading from the third floor living rooms in each unit
will provide access to the roof decks. The roof decks are set
back from the perimeter of the building so as to minimize any
impact to the adjacent resident's privacy. Balconies are
proposed to extend from tJ1,e second and third floors along the
western elevation of the structure, and from the second floor
along the buildings southern elevation.
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A total of 8 subterranean parking spaces are provided with access
taken off of Hollister Avenue.
The applicant has filed a "Declaration for Permanent Single
Family Home Exemption II with the Rent Control Board in order to
remove the single family residence existing on the subJect site.
MUNICIPAL CODE AND GENERAL PLAN CONFO&~NCE
The proposed project is consistent with the Municipal Code and in
conformity with the General ?lan as shown in Attachment A.
CEQA STATUS
The proposed proj ect is Categorically Exempt per City of Santa
Monica Guidelines for the Implementation of CEQA; Class 3(2).
FEES
The proposed 4 unit condominium is subject to a Park and
Recreation Tax of $200.00 per unit, and a Condominium Facl1ities
Tax of $1,000.00 per saleable unit.
BACKGROUND
On November 2, 1987 the subject proposal was brought before the
Planning Commission. The proposal was contlnued at that time,
and the applicant directed to redesign the structure based on
input from adjacent -neighbors. The Planning Cornmlssion also
directed the-applicant to address building helght concerns, roof
deck screening, and the relocation ~f on-site vegetation.
The proposal is not subj ect to the Ocean Park Interim Zoning
ordinance as adopted by City Council on August 11, 1987, and is
therefore subject to the standard R3 zoning requirements.
ANALYSIS
The applicant has addressed the blO major issues the Planning
Commission raised at the November 2, 1987 meeting. The applicant
has met with adjacent neighbors, the height of the building has
been substantially reduced, and the roof decks have been pushed
back from the perimeter of the building.
The subj ect proposal meets all R3 Plannlng and Zoning
requirements concerning height, lot coverage, setback and
density. The proposed structure will be 27' in height as
measured from an average natural grade of 47.52' to the top of
the roof. A parapet wall extends approximately 42" above the
roof. This proposal conforms to the maximum height limits imposed
under the Interim Ordinance. The previous proposal was 35' in
height with stairway enclosures extending an additional 9' above
the roof. The proposal is~at the maximum density of 4 units and
will provide a minimum of 4' side yards, a 10' front yard and 15'
rear yard.
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The average natural grade as indicated on the plans is 47.52 I ,
and the finished first floor elevation is the sa~e. The
subterranean garage, therefore, does not constitute a story.
The parking plan has been approved by the Parking and Traffic
Division, and the City Engineer has approved the tentative parcel
map.
CONCLUSION
The proposed project is consistent with all applicable
regulations and, therefore, merits approval as conditioned below.
RECOMMENDATION
It is respectfully recommended that CUP 487 and TPM 19007 be
approved with the following 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 conpatible with
existing and potential uses within the general area,
traffic or parking congestion will not result, the publlC
heal th, safety and general welfare are protected and no
harm to adjacent properties will result~
TENTATIVE PARCEL MAP FINDINGS
1. The proposed subdivision, toqether with its provision for
its design and improvements, is consistent with applicable
general and specific plans as adopted by the City of Santa
l1onica.
.
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 acce~ through, or use oft property within
the proposed subdivision.
6. The design of the subdivision does not preclude future
passive or natural heating or cooling opportunities.
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TENTATIVE PARCEL }~P CO~DITIONS
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 Department of
the City of Santa Monica with one Dizal Cloth print
reproduction and microfilm of each sheet of the flnal map
after recordation.
5. 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 approved by the City Attorney. The
CC & R's shall contain a nondiscr~mination clause as pres-
ented in section 9392 (S~n1C) and in the case of condomini-
ums, contain such provisions as are required by Section
9l22E (SHHC).
6. The developer shall provide for payment of a Condominium
Tax of $l~OOO per saleable residential unit per the provi-
sions of section 6651 et seg. of the Santa_ Monica-
Municipal Code.
7. The form, contents, accompanying data, and filing of the
final subdivision map shall conform to the provisions of
Sections 9330 through 9338 (S~TI1C) 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 shpll 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.
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STANDARD CONDITIONS
1. The Conditional Use Permit shall be of no further force or
effect if Tentative Parcel Map 19007 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 requirelll.ents
regarding provisions for the disabled, including those set
forth in the California Administrative Code, Title 24,
Part 2.
5. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
6.
Refuse areas,
be screened
Refuse areas
need.
storage areas and mechanical equipment shall
in accordance with Sec. 9l27J. 2-4 (SHHC).
shall be of aC!equate size to meet on-site
7.
No noise generating compressors
shall be placed adjacent to
buildings~
or other such equipment
neighbor~ng res~dential
-.~
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 Depar~ent of Recreation and Parks.
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11. street and/or alley lighting shall be provided on public
rights-of-way adjacent to the project if and as needed per
the speclfications 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 illumlnation
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. Low flow toilets (1 1/2 gallons per flush) shall be used
in all water closets.
Prepared by: Larry Miner, Assistant Planner
LM: nh
CUP4:87A
04/27/88
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ATTACHHENT A
MUN'ICIPAL CODE AND GENERAL PLAN CONFORlfANCE
Category
Municipal Code
Land Use
Element
ProJect
Permitted Use
1 unit/900
sq. ft. of
lot area =
5.48 dIu.
1 Unit/1250
sq. ft. of
lot area =
3.93 diu.
1 unit/1250
sq. ft. of
lot area =
3 . 93 ( 4 ) dIu.
Height
3 Stories/40'
3 Stories/27,
Setbacks
Front yard 10'-0" 10'-0"
Sideyard 4'-0" 4'-0" W elev.
5'-6" E elev.
Rearyard 15'-0" 15'-0"
Parking 8 Parking 8 Parking Spaces
Spaces Provided
Required
Lot Coverage . 50% 50%
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CASE NO
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STREET ADDRESS,
APPLICANT
t>ClJ/1 eo~
DATE
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PUBLIC
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~.;I-=-H :;:XTCR.::'S =~ :'~:C:::'GJ.1BORS CO:~CI:?...:nNG
PLA~S TO D~VELOP 245 HOLLISTER AVENUE
1987
November 2 - Plannlng CO~T.iSSlOn ~eetlng. Co~ission advised us that
we should meet and discuss our plans with interested nei-
ghbors to effect a compromise.
November 4 - Telephone conversation wlth Max Ganezer, owner of the ap-
artment next door. He gave no lnput but dld exprss inter-
est in bUYlng 243 Holllster.
November 19- Letter to Max Ganezer confirming the phone conversation of
Nov. 4 anG requesting hLs assistance in arranging a neeting
wlth the resldents of hLs bUlldLng.
November 20- Telephone conversat~on wLth DavLd Ganeze~, one of the res-
idents. Our wlsh ~or a dLrecc mee~~~~ was Clscllssec.
December 12- Dlrect meetln8 wlth Davld and Elliot Ganezer. No discus-
Slon of speclflcs, only to scale the proJecc smaller.
December 18- Flrst malllng of post cards to every un~c, asklng them to
to call baCK to arrange a mutually convenlent ~l~e to
meet and discuss. No response.
1988
January 11 - Second oalllng of post cares, o~e res?onse. :leec~ng ar-
ranged ror Feb. 9. That neeclng was cance~Led due to tlme
conill.cts.
January 22 - Let~eT from-the ~e5~denc? of t~e a?a~tT.e~t (copy attached).
- February 17- ThLrd ma~ling of post cares, suggestir.g a ~eetl~g Feb. 22.
Our post card crossed in ~he rr.all a let~er fro~ ehe lnhab-
ltants of 2328 3rd St suggest:.r..g a r1eet~ng )Iarch 1. (Copy)
February 22- Meetln2. None of the nelgh~ors appeared. ~alph Mecnu~ of
the Pl~nn~ng Co~~ission was Dresent.
March 1
- Meeting wlth eight of the residents plus Xax Ganezer. They
acknowledged our efforts to compro~~se but informed us they
wanted an even smaller project: no higher than 27 feet, push
the building farther ~nto the rear yard and ?Tovide on-
grade parklng. No more than three units.
,
i ·