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SR-402-001 (20) !j{)2----tPO/ \ 2-D SEP 2 7 1988 C/ED:PB:SF:SL council Mtg: September 27, 1988 Santa Monica, californ~ 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 475 and Vesting Tentative Tract Map No. 45456 to allow a l2-Unit Residential Condominium Project at 3019 Third Street (Project C). 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 475 and Vesting Tentative Tract Map No. 45456 to allow construction of the proposed condominium development. The project, originally proposed to be 12 units, has been reduced to a total of 10 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 475 and Vesting Tentative Tract Map No. 45456. The applicant's representative is appealing this decision. (Attachment B) - 1 - Is~;;~ . BACKGROUND Environmental Impact Report The proposed development is one of six condominium projects proposed by Oscar Katz Trust in July 1987. Although the proposed proj ect 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 the Commission, the EIR consultant prepared an addendum which listed the requested wastewater - 2 - 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 ErR.) 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, Chair Nelson stated that the EIR document with Attachment D.) 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 l2-unit condominium project on this site. The proj ect has been redesigned in response to concerns expressed by the Planning Commission and public. These concerns included compatibility of architecture with the neighborhood, scale and bulk of project, shadow impacts, - 3 - inadequate provision of child play areas, location of driveways, 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 10 units; increased side yard setbacks; reduced number of and view blockage from perimeter trees; reduced height from 39 to 33 feet; moved driveway south to increase north setback; increased front setback of third story portion of structure from 20 to 44 feet; provided central child play area; revised architecture and enriched palette of exterior materials. The proposed project consists of two structures interconnected by above grade walkways. A split level subterranean garage will be accessed by a 20-foot driveway along the south side of the property. 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 proj ect is subj ect to the development standards of the Zoning Ordinance dated April 1986. Due to the deemed complete date of the application, the project is exempt from the Ocean - 4 - 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 20 parking spaces for the subject development and 27 are provided~ therefore, guest parking is provided at the ratio of one guest space for every 1.4 units. Development standards for this proj ect in the R3 zone permit a density of one unit for every 1,250 square feet of lot area or a maximum of 12 units. The applicant has reduced the project to 10 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 83% of the maximum number of units permitted. Overall building height above average natural grade is 33 feet. Code permits a maximum height of 40 feet; therefore, the project is significantly lower than the maximum height standard. No roof decks are proposed. Proposed lot coverage is fifty percent and one-fourth of the site will be devoted to landscaped and courtyard areas, as required by code. Proposed exterior materials include plaster walls, wood trellis and guardrails, plaster parapet roofline, wood frame, multi-pane windows and French doors, glass block windows, stone planters and stone building base. Each unit has two bedrooms, 2 or 2-1/2 baths and a private patio or balcony. - 5 - Shadow Impacts Of the six total sites, the most significant shadow impact examined in the EIR occurred on this site and affected the adjacent property to the north. The adjacent building roofline is lower than the proposed structure's roofline by approximately 5 and 10 feet. The architect redesigned the project specifically to alleviate the maj or impacts. The worst case solar study, occurring at the winter solstice, is included on Sheet A-2 of the plans. This study shows that at 10:00 a.m. on December 22, the shadow will fall on the adjacent wall at a height varying between 3' and 18' above adjacent grade. As the day passes, the shadow impacts diminish and by 2:00 p.m. on December 22, not only will the shadow not touch the wall at any point, but it will not even cross the property line in the area adjacent to the neighboring structure. Additional solar study demonstrates that the best case occurs at summer solstice on June 22, on which date the shadow will not touch the adj acent structure from 9: 00 a . m. on throughout the day. At spring and fall equinox, respectively March 21 and September 23, the shadow will hit the adjacent wall at a height varying between O' and Il' above grade. By noon on these days, the shadows will not touch the adjacent walls. staff is satisfied that the shadow impacts have been significantly reduced through the incorporation of a 19' sideyard setback and redesign of the building profile. - 6 - 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/Pico Boulevard Main street/Pica 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 I no traffic mitigation measures were proposed. The addendum clarified the method by which the wastewater flows for the project and cumulative projects list were developed. The city's Wastewater Control Ordinance, adopted subsequent to - 7 - 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 10 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. Although 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 35 percent, a density which would be permitted in the R2 zone, 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. - 8 - It is staff's determination that this project merits approval, subject to the conditions listed below. RECOMMENDATION It is respectfully recommended that the Council uphold the appeal and approve CUP 475, Vesting TTM 45456 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 PEm~IT FINDING 1. The proposed use and location are in accordance with good zoning practice~ the use is compatible with existing and potential USes within the general area~ traffic or parking congestion will not result; the public health, safety and general wel fare are protected and no harm to adj acent properties will result. TENTATIVE TRACT MAP FINDINGS 1. The proposed SUbdivision, together with its prov~s~on for its design and improvements, is consistent with applicable general and specific plans as adopted by the city of Santa Monica. 2. The site is physically suitable for the proposed type and density of development in that the project is an in-fill of urban land adequately served by existing infrastructure and proposed on a site having no significant physical characteristics which would preclude the development. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or sub- stantially and avoidably injure fish or wildlife or their habitat. 4. The design of the SUbdivision or the type of improvement will not cause serious pUblic health problems. 5. The design of the SUbdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. - 9 - 6. The design of the subdivision does not preclude future passive or natural heating or cooling opportunities. SPECIAL CONDITIONAL USE PERMIT CONDITIONS 1. Construction hours shall be limited to 7 a.m. to 8 p.m. Monday through Friday and 9 a.m. to B 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 . Appl icant shall pay for a gauging study of sewer lines #1349 and #1353 if determined necessary by the General services Department. If lines need to be replaced, the applicant shall be assessed a proportionate share of the capi tal improvement costs as determined by the General Services Department. 5. The project shall conform to any program the City adopts to implement the city of Los Angeles Ordinance No. 163565 regarding connections to the sanitary sewer system. 6. All air conditioning units shall be housed and/or muffled such that they do not cause an exceedance of an equivalent sound level of 45 dBA at the property line. 7. The exterior lighting plan shall incorporate lOW-intensity lighting and hooded light fixtures orientated away from traffic and surrounding residential uses. B. 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 39 I -0" above average natural grade. 10. Any parking control system shall require prior approval of the Planning Division to ensure that parking is accessible for visitor use. 11. A 6-foot, decorative masonry wall shall be constructed along all side and rear property lines where no solid 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. - 10 - 12. The loft in unit plan B 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. 9l27J. 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 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 - 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 andlor directed away from adjacent residential properties, with any such lighting not to exceed 0.5 foot candles of illumination beyond the perimeter of the subject property. 14. This determination shall not become effective for a period of twenty days for the Conditional Use Permit and ten days for the Tentative Tract Map from the date of determination or, if appealed, until a final determination is made on the appeal. TENTATIVE TRACT MAP CONDITIONS 1. All off site improvements required by the City Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approved by the City Engineer. 2. Before the City Engineer may approve the final map, a sub- division improvement agreement for all off site improve- ments required by the City Engineer shall be prepared and a performance bond posted through the City Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions of California Govern- ment Code Section 66452.6 and Sections 9380-9382 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the City of Santa Monica for approval. 4. The developer shall provide the Engineering Department of the City of Santa Monica with one Dizal Cloth print reproduction and microfilm of each sheet of the final map after recordation. 5. Prior to approval of the final map, condominium Associa- tion By-Laws and a Declaration of CC & R I s shall be re- viewed and approved by the City Attorney. The CC & R 's shall contain a nondiscrimination clause as presented in Section 9392 (SMMC) and contain such provisions as are required by Section 9l22E (SMMC). - 12 - 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 1. The developer shall covenant and agree with the City of Santa Monica to the specific terms, conditions and restrictions upon the possession, use and enjoyment of the subject property, which terms, conditions and restrictions shall be recorded with the Los Angeles County Recorder's Office as a part of the deed of the property to ensure that two (2) affordable units are provided and maintained over time and through subsequent sales of the property. An affordable unit shall be defined as being affordable to households with incomes not exceeding 100% of the (RUD) Los Angeles County median income, expending not over 25% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the unit available to eligible tenants and 2) responsibilities of the City of santa Monica to prepare application forms for potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. This provision is intended to satisfy the inclusionary housing requirements of Program 12 of the Housing Element of the General Plan of the City of Santa Monica ("Program 12") . Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with any ordinance or resolution adopted - 13 - 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 two Affordable Units. prepared by: Shari Laham, Associate Planner Paul Berlant, Planning Director Suzanne Frick, Principal Planner Planning Division Community and Economic Development Department Attachments: A. Summary of Municipal Code and General Plan Conformance B. Appeal Letter, dated 9/8/88* c. Resolution certifying the Final EIR* D. Minutes from Planning commission Meetings of 7/6 and 9/7/88* E. Planning commission statement of Official Action F. Report on Shadow study Methodology. G. Supplemental Planning Commission Staff Reports. H. Planning commission staff Report dated 7/6/88 I. Letter received since 9/7/88 J. Plot Plan, Floor Plans, Elevations, Sections, Roof Plans, Landscape Plan and Shadow Study K. Vesting TTM 45456 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/CCCUP475 09/12/88 - 14 - MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE ATTACHMENT A Category Permitted Use Height Setbacks Front yard sideyard Rearyard Lot Coverage Parking Density SL PCjA475 9/14/88 Municipal Code R3: Permits Condominium Development 3 stories/ 40 feet 20 feet 11 feet 15 feet 50% 24 spaces One Uni tj 1,000 sq. ft. (16 units) Land Use Element Medium Density Housing: Permits condominium Development 3 stories/ 40 feet original Project 12-Unit Condominium Development 3 storiesJ 39'-0" Same as 20 feet Municipal Code Same as 11 feet Municipal Code Same as 15 feet Municipal Code Same as 50% Municipal Code Same as 27 spaces Municipal Code One Unit/ 1,250 sq. ft. (12 units) - 1 - Revised Project 10-Unit Condominium Development 3 stories/ 33 feet 20 feet Il' - 18'-6" 15 feet 48.5% 27 spaces One unitj One Unit/ 1,250 sq. ft. 1,550 sq ft (12 units) (10 units) A-t-t ~f\NErJt 'I €,.' STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: CUP 475, Vesting TTM 45456, EIA 849 LOCATION: 3019 Third street APPLICANT: Oscar Katz Trust REQUEST: Conditional Use Permit, Vesting Tentative Tract Map and Environmental Impact Report to allow con- struction of a three-story, l2-uni t residential condominium development with 27 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 adequa tely review and analyze potential environmental impacts and effects of the proposed proj ects in terms of the Third Street traffic counts, hydrology, sewer flow mitigation and shadow impacts. 2. The environmental review for the proj ects was conducted in full compliance with CEQA and State and City CEQA guidelines, there was adequate public review of the Draft Environmental Impact Report, the Planning Commission has considered all comments on the Draft Environmental Impact Report and respon- ses to comments and the Planning commission has considered the contents of the Final Environmental Impact Report in its decision-making process. - 1 - VOTE ON MOTION TO CERTIFY EIR: Ayes: Farivar, Nelson and pyne Nays: Mechur Abstain: Absent: Hecht and Lambert I hereby certify that this statement of accurately reflects the final determination Commission of the City of Santa Monica. signature print name and title PCjstcup475 SL:nh 09/14/88 - 2 - Official Action of the Planning date ( Af1 Ae-hr\1ErJt ", H .. \. ))G CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM DATE: JUly 6, 1988 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: CUP 475, TTM 45456, EIA 849, New 12-Unit Condominium Address: Applicant: 3019 Third street (Project C) Oscar Katz Trust SUMMARY Action: Application for Conditional Use Permit and Tentative Tract Map to allow construction of a 12-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 project and a resolution certifying the adequacy of the EIR has been prepared. Recommendation: Approval. SITE LOCATION AND DESCRIPTION The subject property is a 15,500 sq. ft. parcel lo~ated on the east side of Third Street between Ashland Avenue and Marine street having a frontage of loa feet. The site slopes up from the west to the east with an overall rise in grade of approxi- mately 30 feet. Surrounding uses consist of two and three-story, mUlti-family residential uses (R3) to the north, east and south and mixed one and two-story, low and medium density residential to the west. Zoning Districts: R3 Land Use Districts: Medium Density Housing Parcel Area: laO' x 155' = 15,500 square feet PROPOSED PROJECT The applicant is proposing a 12-unit condominium project consist- ing of two building footprints connected into one structure by an above grade walkway. A split level subterranean garage will be accessed by a 20-foot driveway along the north side of the prop- erty. The project will be constructed on two separate building pads with a grade difference of 10 feet to conform to the contour - 1 - ( . ... 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 project I s compliance with applicable development standards and policies (please refer to Attachment C) . CEQA STATUS The proposed development is one of six total condominium projects proposed by the applicant. Although the proposed project indi- vidually ~s categorically exempt from environmental review, (Class 3(14) of the City Guidelines 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 with the applicant's five other concurrently proposed projects 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. ANALYSIS Project Design The project is designed with a 20-foot driveway on Third Street leading to a split-level subterranean garage containing 27 park- ing spaces. Code requires 24 parking spaces for the 12 units; therefore, guest parking is provided at the ratio of one space for every four units. A trash enclosure is provided within the central portion of the garage. - 2 - ( Overall building height above average natural grade to the peak of the gable roof projection is 39 feet. The majority of the structure has a parapet roofline, rather than the gable, and these portions of the structure do not exceed a height of 33 feet above average natural grade. Development standards permit a maximum height of 40 feet~ therefore, the project complies with the height standard. No roof decks are proposed. The property to the rear of the subject site is at a higher elevation. Height of the rear portion of the structure above the grade level at the rear property line varies between approximately 20 and 26 feet. Proposeg 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 # Baths unit size Balcony Size (sq. ft. ) (sq. ft. ) A (2) 2 2-1/2 1,930 140 B (2) 2 2 -1/ 2 1,503 144 C (3) 2 2 1,512 90 D (3) 2 2 1,330 100 E (2) 2 2 1,425 90 Proposed exterior materials include stucco plaster walls, alumi- num windows with clear glass, glass block and painted steel hand- rails. Each unit has a private balcony and/or patio. central courtyards and landscaped setbacks provide common open space. A row of trees planted approximately 7'-6" on center along the side and rear property lines is proposed to provide perimeter screen- ing and privacy for the neighboring residential uni ts. Pedestrian access to the deve10pment is provided along the south side property line. 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 ErR, no significant environmental impacts would result from the project wi th the exception of short-term noise impacts during proj ect construction. Mi tigation 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 - 3 - ( 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. I '- CONCLUSION The proposed development of 12 condominium units on the subject site will be compatible with surrounding development which con- sists primarily of medium density residential uses. The existing development on the property across the street to the west of the site is of a smaller scale than the proposed development. 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 proj ect provides adequa te landscaping, including a dense row of trees along the perimeter of the site; parking which exceeds the code requirement by 12.5 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 sig- nificant environmental impacts. For these reasons, it is staff's determination that this project merits approval, subject to the conditions listed below. RECOMME'~DATION staff respectfully recommends that the Planning Commission ap- prove CUP 475, TTM 45456 and the resolution certifying the En- vironmental Impact Report, EIA 849, subj ect 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 we1 fare 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. - 4 - ~- ( , 2. The site is physically suitable for the proposed type and density of development in that the project is an in-fill of urban land adequately served by existing infrastructure and proposed on a site having no significant physical characteristics which would preclude the development. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or sub- stantially and avoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not cause serious public health problems. 5. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. 6. The design of the subdivision does not preclude future passive or natural heating or cooling opportunities. SPECIAL CONDITIONAL USE PERMIT CONDITIONS 1. Construction hours shall be limited to 7 a.m. to a p.m. Monday through Friday and 9 a.m. to 8 p.m. Saturday as set forth in section 4204 (SMMC) or as amended by Ordinance. 2. Noise specifications for construction equipment shall com- ply with the city of Santa Monica Noise Ordinance (Ord. 1406 CCS)~ internal combustion engines shall be equipped with a muffler~ stationary generators shall be fully en- closed and temporary barriers used between generators and property lines. 3. A standard sewer hook-up fee shall be paid to the City. 4. Applicant shall pay for a gauging study of sewer lines #1349 and #1353 if determined necessary by the General Services Department. If lines need to be replaced, the applicant shall be assessed a proportionate share of the capi tal improvement costs as determined by the General Services Department. 5. The project shall conform to any program the City adopts to implement the City of Los Angeles Ordinance No. 163565 regarding connections to the sanitary sewer system. 6. All air conditioning units shall be housed and/or muffled such that they do not cause an exceedance of an equivalent soulnd level of 45 dBA at the property line. 7. The exterior lighting plan shall incorporate low-intensity lighting and hooded light fixtures orientated away from traffic and surrounding residential uses. - 5 - ( ~ \. 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 39 '-011 above average natural grade. 10. Any parking control system shall require prior approval of the Planning Division to ensure that parking is accessible for visitor use. 11. A 6-foot, decorative masonry wall shall be constructed along all side and rear property lines where no solid 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 plan :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. - 6 - j , , 7. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with Sec. 9127J.2-4 (SMMC). Re- fuse areas shall be of a size adequate to meet on-site need. 8. No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 9. Project design shall comply with the building energy reg- ulations set forth in the California Administrative Code, Title 24, Part 2, (Energy Conservation standards for New Residential Buildings), such conformance to be verified by the Building and Safety Division prior to issuance of a Building Permit. 10. Natural light shall be provided in at least one bathroom in each dwelling unit. II. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 12. Street lighting shall be provided on adjacent to the project if and specifications and with the approval General Services. public rights-of-way as needed per the of the Department of 13. Any outdoor lighting shall be shielded and/or directed away from adjacent residential properties, with any such lighting not to exceed 0.5 foot candles of illumination beyond the perimeter of the SUbject property. 14. This determination shall not become effective for a period of twenty days for the Conditional Use Permit and ten days for the Tentative Tract Map from the date of determination or, if appealed, until a final determination is made on the appeal. TENTATIVE TRACT MAP CONDITIONS 1. All off site improvements required by the City Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approved by the City Engineer. 2. Before the City Engineer may approve the final map, a sub- division improvement agreement for all off site improve- ments required by the city Engineer shall be prepared and a performance bond posted through the City Attorney's office. - 7 - 3. 4. 5. 6. 7. a. 9. ( 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. Prior to approval of the final map, Condominium Associa- tion By-Laws and a Declaration of CC & R's shall be re- viewed and approved by the City Attorney. The CC & R's shall contain a nondiscrimination clause as presented in Section 9392 (SMMC) and contain such provisions as are required by section 9122E (SMMC). 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 seg. of the Santa Monica Municipal Code. 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. The final map shall be recorded with the Los Angeles Coun- ty Recocder prior to issuance of any building permit for a condor inium proj ect pursuant to Government Code section 66499.30. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential units on the subject lot, per and subject to the provisions of Section 6670 et seg. of the Santa Monica Municipal Code. INCLUSIONARY UNIT CONDITION 1. The developer shall covenant and agree with the City of Santa Monica to the specific terms, conditions and restrictions upon the possession, use and enjoyment of the subject property, which terms, conditions and restrictions shall be recorded with the Los Angeles county Recorder's Office as a part of the deed of the property to ensure that two (2) affordable units are provided and maintained over time and through subsequent sales of the property. An affordable unit shall be defined as being affordable to households with incomes not exceeding 100% of the (HUD) Los Angeles County median income, expending not over 25% - 8 - 1. .... '" of monthly income on housing costs, as specified by the Housing Division of the Department of community and Economic Development. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the unit available to eligible tenants and 2) responsibilities of the city of Santa Monica to prepare application forms for potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. This provision is intended to satisfy the inclusionary housing requirements of Program 12 of the Housing Element of the General Plan of the City of santa Monica ("program 12") . Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with any ordinance or resolution adopted by the city within two years from the effective date of this approval, which is intended to provide an alternative method for compliance with Program 12. An alternative method may be, but is not limited to, the payment of a fee in-lieu of providing the two Affordable units. Prepared by: Shari Laham, Associate Planner CUP475 SL: 06/27/88 Attachments: A. B. C. D. E. F. G. H. I. Municipal Code and General Plan Conformance Radius Map Letter from Applicant, dated 2/16/88* Resolution Certifying the Final EIR* Summary C.C. & R.'S Protest letters received 6/27/88 and 6/28/88* Plot Plan, Floor Plans, Elevations, Shadow Diagram, Landscape and Irrigation Plans Vesting Tentative Tract Map No. 45456 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 - 9 - ( ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Category Municipal Code Permitted Use R3: Permits Condominium Oevelopment Height 3 stories/ 40 feet Setbacks Front yard sideyard Rearyard Lot Coverage Parking Density 20 feet 11 feet 15 feet 50% 24 spaces One Unit/ 1,000 sq. ft. (16 units) Land Use Element Medium Density Housing: Permits Condominium Development 3 stories/ 40 feet Same as Municipal Code Same as Municipal Code Same as Municipal Code Same as Municipal Code Same as Municipal Code One Unit/ l,2S0 sq. ft. (12 units) - 10 - ... Project l2-Unit Condominium Development 3 stories/ 39'-0" 20 feet 11 feet lS feet 50% 27 spaces One Unit/ 1,250 sq. ft. (12 units) ~~ I ~ : '! i- .;_.t __ :11; ]M!Z:i1~'e , I {'':'' ~~- ':::l~:""': , ~.. n;' 1'1 .. ~ It.... _ - ___I __ l i~ t1~;...... _1"1 .~ .~"" ---U~!..~ _ 1- ... ; 11 , .. C 11 _ lO , '" j ..... -=::!._J_ ~ It... , . "'= " . ~ ~ ~,,~ ...... JIU"/.J .." I I, " " 0:',,,;' E , , D , r...~ M I ;;. rt:'lil t\ .... .J I~ ..-~ ('- - , . I' .-.- ... ....... & 'l 0 % - D 4 . I .... ,1 M to ~ ;I: VI I . I . ~n - fOURTH ! 101 "' .1' I) . .. T IA = ll:l U, II :ll" I ' . I I . I... _ !... . ... ::::> z .. ... > <C ; , n :'::;- TH'P) iii ~ '" . t 10 i II ~ 11 I I.... ~ I ,I . I. . 11. .~ " H I I I l"ill!lI!lt ~ iii ", ~ ,.. :. l' 'lit . ~ [-.; ~ - ~OT'\ ^VI:""HII:' , ~ ...- ........... ~ I .... , .- ~ ,! :: '! lf : c,.(_ c" n.c-..."",": _ _... ... -- -l ' - .--.---- r ~ ' - -: --" HAMPTnN no 1 v[O -.:'~ . ~,tl,!;I~!"' "l'~ .1'1"'"~-..aI"""""'---"'~"-':"'''''M " Xl~]' ;11:' \ L ! ':: 7 - . C _..~ -;.- '~r"JJ/~g!t'~ : :;. ~ -:?,~ '~~" ::,' "to.",..J1.~,l -.1 J.~ij~fir-'i';':'~_i fffi', " . , '! , ;01-" "l ...... '!II.'-"'/~~~ ~ ~.:-:-~ E' . ' ~ & ~ .. 1 I) , ." ....;....:.:: ~ ..,.... . --- Snll - un -.....;; LOT I, HACl 37381 c.UP ~15 LEGAL DESCRIPTION (FORPlERlY LOT 24 l 2~. BLOn E. SAN1A H lR'\flsE NO -rT.wt 45LtSrlJ STREET ADDRESS 3019 . 3021 lHIRO SlREET 1(3 ZONE OSCAR Ull APPLICANT DATE RADIUS MAP FOR PUBLIC HEARING DATE 1- ~-<3<6 1PnJ!,\~!M ~!Pn@ lQ)~l?b\~lJ(ft) ~~Ir can @!F S-L.- ,Jho..;~ Cb\U~~~~l\ I~f~r~"<~ Alia. Map 5h~~t No (21-3Z! I052-f ~ ( 7P;":7 -JO 45456 , , 1\~:'~~3S 301Q T~'r~ C~r~~~ (thlS should be a brlef 51::;.:1r', r.o: an lnce., =" ::l":e C~i:>:~C:' S~~j RESL-:~ C::::::;O:-!I~:lt:~t ART::::C:'Z3 OF WCOiL"'ORAT!O:1 BYl..-\i~S ,),,;0 CC&Rs 1. Type 0 f Organ1za t: lon, Ncm-prof.l.t 1lU.Itual beneflt co!"'X)ratlCfl act~"IC as a COndcrrUll1.r1 manage"eIlt a<;SCClatlOl'l. 2. Members:up Each o,..'l'ler, U'lClu::hIl~ su1:rllvlder, of a con:1O"'J.:111r. 3. Melrbershl? Tern:1na~:"on ~utcrratlc ter.r,rnatlr:Jn ...tle.'1 the re"'tler nc longer ooIds anv J,nterest J,n anv urllt. V ~ R ,,~ Class A - all (}Iool}ers other tha., Declarant (cne vote each} . o...l:1g 10' t:s. ("lass B - Declara.'lt (three vot.es rer Uflltl. Class 3 ceases a.~ converts to Class ]I. on ear-l1est of: (1) wt.;l Class A votes equal Class B ~~~~erirj secoro anruversary. . a The Associatlon mav not contract for professiooal mana;:,ere.'1t 5e.""'lceS for a terti' exceedlJlg one year WJ.trout NJonty aporoval. 1o,nv S'xl-: ~~ t~J be te.."'1TUIla.ted l::ti either party. "''l.th or WltOOut ca'.l5e. on 30 10 t 1 50 dayS \-1I"ltten notice, Wltlout rproXi:rd e...y years. penal ty fees, Effec::..v:.:y !er::l of and. ..l..I:e~c:-ent:s to CC.:.r;.s Unitl partltla.'" 0: ProJect or -..mt1l Declaration revoked A-e.--.drTe.~:.s require 75% anrrcr,al of each class, gene=a~:y, plus any other appropr~ate perso~s or entlt~es. ~al~:e~a~ce P=o'~s~ors 4. 5. 6. 7. 8. a. l:nl.:s Each o..mer ~s respcr.s1h:e. 9. b. Cc=cn Areas AsSO::l.atlon ~s reSDDnslble. exceot each o.'l1e= ,Cll-"talnS heatL"le; system and parking spaces for IDs/her urn.t. Damage - Re?a::..r or abancor.~e~: prov:.s:...:>ns T~ed to lnsurance ;::roceeds. subJect to a vote not to reb.ald. Costs of repall" over and al:o\-e lIlsurance proc~s are aj:pOrtloned between a..ners on baSlS 0: square fcotage 0: thelI urut Oescr:.p::..on and ot.'Tlers:up o~ concol"':':-:':'..:::J ~~:s Elare:'ts 0: the proJect that are not o.med J.n CUllllun ~t.h the other I'Eri:::e= a.....o descubed JJl the Corrlo- lr.lIUlJl1 PIaI' and Deeds. Coes not lIlClooe any excluslve use C'....l'Ul area.. Descr.:.=c::.:.on, oloo-nersh:.? and use of cc:""_::"on areas Tt-e entlre nroJect. except the Ul'lltS Each o.mer has an un(hv~ded lIlterest J,n t..te Cun.ti'l area. -.Each owner has a non-exclUS1ve easarent as to the CCiii-un area. Parkl.ng Space Ass 19nmenc At least boo off-street parkulg spaces per urut. They may not be sold, rented, or lease;! to anyone otrer than owner or tenant or otiJer owners. REi 5 tn. c t lons 10. 11. 12. 13. 4. Owner's Flnanc::..al/Legal Scatus. None. b. Use Residentlal fUl"PJses ally. c. Any Restrictions on Age of Occupants ~. d. Pe ts. ~scnable f'rII-'~l-old -pets petllatt.e:l. ~ & _~N:; hepare d by. ~;L '~~ Kenneth L. Kutche= Tale' Attorney'S for SUl:rll.Vlder Da te' June 22. 19B7 *Any person or ent1ty may p.rrchase a Ufllt. Q.oners do not lIlCh.rle persons \o.'J.th secur.l ty J.nterests l.Il tre I.U"l.l ts, - VI - J).1:>C> ~ \2-0 ~ - Kt:-L-t-- _ OffiCE (); eny CLER< JUDD HENKER.1 AiQ '53 2900 4'8 iiP. t #(f\\ . SANTA MONICA. CA., 90405 SEPT EM ~1 A ~~\yJ 23.a::.~Lii RE: APPEAL OF PLANNING COMMISSION DENIAL OF CUP 475 AND VESTING TTM 45456 (EIA 849) 3019 THIRD STREET R3 CITY COUNCIL MEMBERS CITY CLERKS OFFICE. ROOM 102. CITY HALL 1685 MAIN ST. SANTA MONICA. CA., 90401 DEAR COUNCIL MEMBERS: THIS LETTER IS TO STRONGLY OBJECT TO THE PROPOSED PROJECT. THE DEVELOPMENT TAKES THE SURROUNDING NEIGHBORHOOD IN THE WRONG DIRECTION. THE PROJECT WOULD FIT IN BETTER WITH THE NEIGHBORHOOD ONLY IF LIMITED TO TWO STORIES; AND HAD INCREASED SIDE YARD. FRONT-YARD. AND BACK-YARD OPEN SPACE. TO LEAVE THE PROJECT AS-IS WOULD PRESENT A MASSIVE WALLED APPEARANCE. FURTHER LIMIT OTHERS VISIBILITY. AND ADD ATTENDANT DENSITY PROBLEMS IN AN AREA ALREADY IMPACTED ADVERSELY IN TERMS OF TRAFFIC. ALL DEVELOPMENT IN AREA WILL HAVE ADVERSE AFFECT ON TRAFFIC AND CONGESTION IN THE AREA. FOURTH STREET HAS ALREADY BECOME A BUMPER TO BUMPER THOROUGHFARE AT ALL HOURS OF THE DAY AND NIGHT. OFF-STREET PARKING IS ALREADY GREATLY AFFECTED BY MAIN STREET COMMERCIAL ACTIVITY. THE BEACH. THE SCHOOL AT FOURTH AND ASHLAND, ETC. AN INTENSIVE DEVELOPMENT AS PROPOSED WOULD ONLY EXACERBATE THESE PROBLEMS. THUS AN DEVELOPMENT IN THE AREA SHOULD BE SEVERELY RESTRICTED FOR BOTH QUALITY-OF-LIFE AND DENSITY RELATED REASONS. - r j c.~. It---i ~;f[""/ ('/) {~1 tf #1'1.- rd j 1.1 J .? . ( /!:1 tl-'h _-#~ --<-/ / / ..../ / ::\ ~ ~ . / " ~Lk ...- \ 2- t:> i \..-./ llDl> ~