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SR-070886-6R~~~ .ft~t a «ar C/ED:RAS:nh Santa Monica, California Council Mtg: July 8, 1986 ~~ f'2.+<~~,+' ~~~,;':~rJ TO: Mayor and City Council FROM: City Staff SUBJECT: Amendment of Settlement Agreement with Manoucher and Ezatolah Barcohen Regarding 211 California Avenue. INTRODUCTION This report recommends that the City Council approve an amendment to the settlement agreement with Manoucher and Ezatolah Barcohen to permit a five-story, fifty (5U) foot high building with twenty-one (21) condominiums instead of a four-story, fifty (5G) foot high building with twenty-one (21) condominium units. BACKGROUND On March 10, 1986, the City entered into a settlement agreement with the Barcohens regarding Barcohen v. City of Santa Monica, L.A.S.C. Case No. C 391976. The agreement provides that the City will issue the Barcohens a building permit for a twenty-one (21) unit condominium project at 211 California Avenue. The project will not exceed four stories and fifty (50) feet in height. The agreement also sat forth a development schedule which included an obligation to submit plans to the ARB within 6 months of execution of the agreement. - 1 - ""~ i 8 136 The Barcohens have worked closely with the Planning Department and have designed a project which includes substantial open space and landscaping at the ground floor. The design includes approximately 2,000 square feet of enclosed common space on the ground floor in addition to a small parking apron for the temporary parking of three cars. The project would still contain no more than twenty-one (21) condominium units and would not exceed fifty (50) feet in height. However, the current project design would technically constitute a five-story building even though there is minimal development on the ground floor. Accordingly, the settlement agreement must be amended slightly to permit the proposed design for the project. Planning staff has concluded that the proposed design is far more desirable than a typical four-story design with the ground floor completely developed. The proposed project would present a comparable mass to a four story building but would appear much less intense from the ground floor pedestrian perspective. It is therefore the recommendation of Planning staff that the settlement agreement be modified to permit the proposed design. BUDGET/FISCAL IMPACT The recommendation in this report will have no budget or fiscal impacts. - 2 - RECOMMENDATION It is respectfully recommended that the City Council authorize the City Manager to execute an Amendment to the Settlement Agreement in accordance with the terms and conditions approved in this report. Prepared by: R. Ann Siracusa, Director of Planning City Planning Division Community and Economic Development Department RAS:NH CCBARC 07/03/86 - 3 - Reference Contract No. 4648 (CCS).