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SR-031081-5AAJAR 1 0 1981 Santa Monica, California, March 10, 1981 TO: FROM: Mayor and City Council City Staff SUBJECT: Ten.i:ative Tract No. 38475, Developer Agreements Introduction This report summarize; the requirements in regard to the proposed condominium at 3005 Highland Avenue. The matter was previously agendized as Item 6D on February 24, 1981. Background A tentative tract map for an 8-unit condominium was filed Septem- ber 5, 1979 and scheduled for public hearing by the Planning Com- mission on October 15, 1979. The proposed plan called for one portion of the building to be 6' from the rear property line rather than 15' as required. On October 2, 1981 the applicant wrote to the owners of-the adjoining properties explaining the requested variance. On October 15, 1981, following written and verbal objections to the plan, the Planning Commission continued the matter for three weeks to clarify the demolition permits and allow the applicant to meet with the neighbors to see if an accord on the design could be reached. On November 5, 1979 the matter was brought before the Commission again, the status of the demolition permits explained, a 10-point agreement between the developer and neighbors presented and revised plans submitted indicating changes in the rear unit to meet the agreement presented. The agreement was read to the pt9AR 1 0 9989 Commission by Mr. Tobias and the neighbors present affirmed their consent following which the project was approved. Agreement The ten points of the agreement include: 1. Redesign of the rear unit with a 9' setback for the second floor. 2. The developer to follow State Coastal Commission guidelines. 3. Adequate shrubbery and trees for noise abatement, privacy and visual enhancement. 4. A 6' locked fence around the pool. 5. Repair of any damage to adjacent properties. ' 6. No working after 5:00 p.m. 7. Relocation of power lines if necessary. 8. Construction of a 6' fence around the property consistent with community character. 9. A temporary, construction fence for safety. 10. No removal, damage or impairment of the Eucalyptus tree and preservation of the Century plant; the Eucalyptus tree's health to take precedence over construction of a swimming pool. A complete copy of the agreement is attached together with original ahd revised plans for the rear uhit; copies of Mr. Tobias' October 2 letter regarding the rear yard variance and Planning Commission minutes .......- Agreement Binding., In approving.. the tentative map sio~ relied upon the agreement neighbors as evidence.. that the satisfactorily resolved. The and condominium permit, the Commis- submitted by the developer and concexns of the neighbors had been commission's acceptance of the terms Mayor and City Council -3- March 10, 1981 are thus part of its conditional approval and enforcible against the developer and any subsequent owner. Developer Compliance While most of-the agreement items are not applicable until the start of construction, Nos. 1 and 3, the redesign of the rear. unit and a coastal demolition permit have already been complied with. Insofar as No. 10--protection of the tree and Century plant-- is concerned, inspection indicates that the Eucalyptus tree is actually 3 trees, none of which are on the applicant's property and no Century plant can be located. Prepared by: James Lunsford JL:lk Attachments ,:, Flanning Cvmmas$ton M1r1i1teS ~ '~- - Govember 5; 1379 to all staff recommendations and staff verification of the height limitation anct 'requested Architectural Review Board attention to the stark elevations, particularly the southern side, and to the landscaping. Seconded by Commissioner Kennedy, the motif,-- arried unanimously. B. entative Tract tdo. 38475 Ttt s'Eaff report noted that a new eight-unit condominium at 3003-3007 Highland Avenue presented by Robert Tobias tiad been continued from the November 5, 1479 meeting to permit clarification concerning demolition permits and to resolve some of the adjacent property owners' concerns about the project. Mr. Lunsford stated that he had just received a communication from the Coastal Commission declaring they a•+ould consider the demolition ofi the project and the new construction as one application. Mr. Tobias read the ten conditions agreed to by the neighbors and the neighbors present affirmed their consent. Commissioner Kleffe7 moved for approval of the Tentative Ptap and Condominium Permit subject 'to ail staff a-ecommen- dations. Seconded by Commissioner Kennedy, the motion carried unaimously. C. Tentative Tract tlo. 38807 The staff report was read for a new~five-unii: condominium at 7.13? California Avenue by James Cuda deferred from the October 15, 1979 meeting so that i:he deve"ioper and adjacent property owners could reach agreement on a rear-Y~rt°d eruroactrnr•nt.. "iht°re being no one present to attest to arr agreement, the matter was cc,l,t;nued: D. Findinns E t•1 A.P., Inc. Appeal fa~~°ma1 €ind~ings of the Zoning Administrator's det°rminat•ion ands°interpretation of the Zoning Ordinance concerning a request by E.4J.N.P. > irlc. v+ere rt:viewed by tii4 Commissioners. Com.nissioner Hotchkiss moved for approval and ~•ras seconded by Com- missioner Kennedy. The motion carried as follows: AYE: }lotchkiss, Kennedy, Savage, Katz ABSTAIN: Kleffel ABSENT: Sullivan 8. tJEFJ 6USINESS: _ A. Request for Street Vacation The staff report noted that Southern California Edison Company had requested vacation of the stub end of Twenty-second Street just south of Olympic Boulevard to accommo- date ne4•r construction. Tom Tvy spoke as company representative and noted that their plans s'rould be revie+•red by 'the A:^ehitectural Revietr Boal°d C.omaiissioner Savage moved that t'rle.Corm~ission recorrnend 'to 'the City Counc'i'l that. 'chr small portion of 7arenty-second Street be vacated, including a1i conditions recomrlf~nded ~1' the Genett,l Services Department. Seconded by Commissioner Kleffe'I,-the Inotloli carried. unanimously B. Restaurant farking> Proposed Revision - The staff report conveyed the Council's request that tlae Commission-consider amend- went of the parking requirer::znts for restaurants to require thc: same parY.iny requirements for one space for every five .seats. in restaurants regardless of seating .capacity.. Conuoissioner Htotctrkiss~,moved„thatrthten~or~t~i+h~o>¶l~~eraaPrlb+~~ time~n9The a i a ~,. e ~~" • A.G R ~ F: t1 L 21 'S' • .. ,; ~ 's ~ . . A~reertent betsae~n: Fobert. ~. T"ob:ias, developer •o'~ the proapaxty '' 3ocaters at 3t}fl5. It~ghland .~,ve_, Santa ~3onica, and TTaighborhnnd Enviorn:nental t~ction Team -Ocean dark ~tiTE7~'.C^•O~), a group of cancer,^.ad naigttbaxs xesiding in the inunediate area around -the property. This agreement is baseda on the belied that deve~opars and resid~:nts in Ocaan ~3rk have a cer;snor gaal to make Ocean par3; a place . ~~he.e people can shop, enjay xecrr~ation, and live in a can- slucive a;.mosphere. ). seveiaper egress to redesign the near condominium Frith a skylight ef~ect and. set bar,T: the 4ap tlooz., 9 `, an zc=rlitxonal 3' ~rot7.a ~,:he e~tisting plans. 2. Dsveltiper agrees to ~ollaw State Coastal Ccn~rnission Cuirlelit~as which include: ' .A. 3aesign :afaould be ari asset: to i:ha conununi-cy thaxacl.:~r ' Tt. rraatitnixm Szwight o~ 33 ` C, as part o~ your Coastal: p~:rmit tc bu~.ld, .inc?tai;~ tt , • "atequest for ~emolition'° pax-mit. 3. Develape.; agrees to pxovide adequate skirt='baery zracl •t~•ee:, a3 a means i+~r noisy abatement, priv<-tcy, ane7 vi ual r~xt« :~a:.aneetnent . ~. a~=+aeloxsnx agrees to put a 6' loc;ced fence axourtd f.~.c: pool pe.;. cede, cgrasistant with the 3,ocal. Ia~r, for saf~a~;~. 5. Oevslopex ag~-~~ to xepa~x any c3amacle s'~ona to ac?jacan•v properties, dt;e to constzueWi~xn, ire a .rea.srsnaksla l~atc~~Y; o.f ~~i'ms. 5. 13eaelopez agrees that coststruction ~sail.l take place during the hnuxsconfirming wic''°.it building regulatiorss, but nv 3:ater than 5;Ot~ p.tt. ,~. 7. 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O t ~~l ~ / ~~ r~ ~ ; ~ I - ~ t I~j~.J 1 ~ I / •. 1 ~~~ ~f i _ n. / L.% / i ~p ,/ ___i , ' to / ! ~ ~ ~ ~ ca •r ii ~ iVl~.a ~" ~ .17x77 r'; _`-! ~ ,a . , ~ z C''T~+ w7. ~F:TIU a ~ !' <! i I~ ~ _ ~I - ~~, _~ ., • ~ „~ .... _ _, ~~oo~ ~i_,:ti ~~ ,,~ q ~ o ~ :-- = ~ ~~ _ ~ 4 K G ~v ~ 1 !: ~ 7 ! ~ ~z z I E~ ~ ao -~ +wa ~npl- f - 7~ V ^Y ii 1 pgpgi~ ~~<~ f I : ~~ ~ ~ 1{I_ ~f ~ jY ~ i ~ ~ 7z i i t.,` i Robert J. Tobias 4307 Hayvenhurst Avenue Bnci.no, CA. 9143& November 1, 1979 < D4r. James Lunsford City of Santa. Monica Planning and zoning Department 1685 Main Street, Santa Monica, CA. Re: Tentative Tract Map No. 38475, New Eight Bnit Condominium (3003-3007 Highland Avenue Santa Monica, CA.) T3earinq Date: November 5, 1979 7:30 P.M. t Dear b1i:. LunsEor.ct; Wi.Lh refes:ence to the above-entitled matter, and more particularly to the Planning Co~rttriission's direc~i.ve that the developer meet with members of the neighborhood and the community to discuss matters of mutual concern, please be advised that same has successfully been accomplished. Specifically, and pursuant to your Summary and Recommendation No. 4 to the Coimnission, dated October 15, 1979, please be advised that the property owners :directly affected by the developer°s proposed rear yard adjustment {Carolyn L. Atkinson and David M. Sherr of 3008 and 3014 Goldsmith Street, Santa Monica, respectively) have consented to the rear yard adjustment as originally .proposed with a modification of the design of the upper floor of the subject unit affecting .said property owners. Said design is incor- porated`in-additional plans-which are being submitted herewith (please find nine copies .enclosed). 1t is expected that Mr. Sherr and Ms. Atkinson, or their representatives, shall appear at the hearing on iovember 5, 1979 to express their consent as repre- sented. l s ~.."' •'-~~.. ~-•-• -J ~, v.~.... a....s,v„~, •.~,~~~,.vJ, a.]!V Illy l,lvli VU! 1 IlV as folio~•ts: AYE: Hotchkiss :ennedy, Savage, Sullivan, Katz tiAY: Kleffel ASSEt~lT: t~?alcnira 6. PUBLIC HEARItiGS: Subdivisions, '~ ~ l 1 A. Tentative 'iraet P;o, 3880/ -° ` The'staff report concerned a new five-unit project at-1132 California Avenue by James Cuda who was present to speak :for~the condominium. • Chairman Katr_ noted a letter in opposition received from John and Aldona Venckus,e P•ir. Venckus, 603 Fourteenth Street, r•:as present and spoke against the variances. Mr. A. t~arkevicius, 755 Twenty-first Street, also spoke against the variances. At the hearing's close, Commissioner Hotchkiss moved to continue the item with the request that the developer endeavor to overcome the neighbors` objections and come back with an im roved ro'e p p Jct. Seconded b Commissioner Sullivan the Y , motion carried unanimously.. S,: Tentative Tract tdo. 3II410 • The staff report Far this new six-unit condominium at 1519 Stanford Street noted that it was praposect by Irv Kir:•chenbaum. Representatives Nick Provenzo of - Cooke Engineering and Louis Katzman, project architect, responded to questions. At the hearing's close Commissioner Sullivan moved for approval of the Tentative tdap and Condorninium Permit subject to all staff recommendations, Seconded by Com- missioner Kieffei, the motion carried unanimously with Commissioner Hotchkiss urging reducing storage area in the basement in order'to- plant mo~~e trees.. . C. Tentative Tract too. 37380 The•new seven-unit:condominiuri project at 501 Marine Street has been withdrawn by tfle developer, Gene Cunningham, prior to the. meetiny;~ Ile. Lavont, 663 t`tarine Street; hail requested 'co.speak cin the project. She asked to be notified when the item returned to the ayenda although she did not reside vrithin the immediate neigh- borhoad receiving notification, Q`' Tentative 1"Tact tvo. 38475 . e staff report concerned a new eight-unit condominium project at 3003-3007 Highland Avenue proposed by Robert Tobias. Nir. Lunsford advised the Commission- - that, subsequent o preparing the staff report, he had received information which arauid require the fil-ing orith the Planning Department of exemptions from:ihe Coastal Commission and ,Rent Con-trot Board. Sherman L Stacey, attorney, represented the ovaner and referred to a letter Mr. Tobias had .presented to neighbors of his intent - to build: A slide display of the project was shown aaith interpretation b}~ the arcf~i- -' tect, Ron Goldman. ter, Tobias also spoke for his project. During the heariny-the following people spoke-in opposition, David tri. Sherr, 3014.Goldsmith.Street,..submitted a-fi-fty=rive~narrie`petition< Carolyn Atkinson, 3008 Goldsmith Street. . -Ile Lavont, 663 tlarine Street, ~~'' E. S., Cohen, 3001 highland Avenue, ~~ Ken Fogitt, 633 Pier A~renue. ~~ At the hearing's close ,the applicant agreed to meet with the neighbors to reach a mutually satisfactory`arrangement so that the item could be continued at a future . meetin9~ ~~ ~: L#~PtNI~G C'~t~~~ss7 -- ~ t'~Plfvur~s G~:T f;r ~i , LAW OFFICES HADDAD AND TOBIAS ROBERT J. TOBIAS A PROFESSIONAL CORPORATION JACK HAD DA D, INC. A PROFESSIONAL CORPORATION RICHARD L OUINT BARRY E. TOBIAS HERBERT C. RU EINSTEIN OF COUNSEL JOHN F. DUNNE, JR. ROBERT A. GASTON ---~- -. ~~ , SVKE 400 100 WILSHIRE BOULEVARO ~~ SANTA MONICA, CALIFORNIA LJ0401 -. Y2I3) 451-849 - (2131 451-4H51 P OctobPx 15, 1979 James Lansford, bisector Santa i~'flnica Plannfng y~partzttent City of Santa Nbnica 1685 Main Street Santa Nbnica, California 90401 Re: Tentative Tract Map No. 38475, New 8-Unit Condaminitun, 3003-3007 Highland Avenue, Santa NfJnlca, California. Hearing Date: C~tober 15; 1979 Dear Mr. Ltmsford: As developer of the subject property, I have carefully read and reviewer . your recor~randation for approval., with condit%ons, of the proposed projer_t, and I wish to thank. you personally for your consideration and evaluation of the developmznt. This letter is specifically directed to Paragraph 4 of your summary and recorat>endation, that being that written consent tQ the proposed rear yard adjustment be obtained from the adjacent property owner affected or some alternative design which does not encroach to the extent requested be resubmitted for Commission evaluation. Prior to this date, I have personally met with the owners of four of the properties which. are rost directly affected by the requested adjustments herein; these being Carolyn L: Atkinson, 3008 Goldsmith Street, Santa bbni.ca, David M. Sheer, 30'14 Goldsmith Street, Santa M~niea, Gordon A,. Withrow, 3018 Goldsmith Street, Santa P1onica and Prebin and lsttie Arntz, 3017 Highland Avenue, Santa I~.~uca. The Arntz property is imrediately adjacent to and south of the. subject property, and is therefore affected only by the south side yard modification. The Withrow properly is affected only to the extent that its nor'Lh west corner touches the south east corner of the subject property. Ttie Atkinson and Sheer properties are those most affected by the request for real :.:yard adjustment, Mr. Sheer being accurately descrii~d by you as the property caner mist affected by this request. Ica addition to meeting with the above four. property owners, I have provided., Ms. Atkinson, Mr; Sheer and. MC; ~ and NTc-s. Arntz w3:th arc explanation of, fhe proposed project and its affect an their rise and enjoyn>~nt-of their res}pctivz properties, this by means of a letter to them dated either Cctol~r 2nd or 4,- '1979; attaching thereto copies af. all docuaents fi'e_i a7.ong with; i:he Ppplica- tion for tiar:i.ance. ~iditionally; the properties ~Imx:,;iately bounding the northerly portion of the subject pro~rty owned, respectively, by Edgar S. .Cohen, 3001 Highland-Avenue, Santa Nxmica, and Pt1am A. Ausing, b30 Pier LAW OFFIC HS HADDAD AND TOBIAS James Lansford, Director Santa Nbnica Planning Department (~toL~r 15, 1979 Page ~ Avenue, Santa Iv~nica, have, been provided, with similar letters-and attachr,~nts, copi;~s of which. are. provided her'e^oith., I have attempted without avail to r.~et with_Nlessers. Ansing and Cohen, their properties being directly affected only by the.>~'equest for t~dification.of the north side. yard.. MY purpose. in meting and communicating with the adjoining land, owners was to explain, to them for their edification and understanding the. nature and: purpose.. of the proposed project development. T have 3~en;and continue to be concerned with the use: and enjoYme11t of their respeet%ve properties vis-a:vs their relationship to tho:proposed development, I believe that. this S-unit condominiwn.pmject will, indeed; becom an asset to the whole community and particularly to the in¢~date neigh~oring properties-and the proposed adjust- meet to the rear yard would, not }~.de:t~imsntal to the-neighkx~nc~tid in.~~~hich the. property is, located. I. would respectfully request, that, you, as Director of the Planning Departt;ent, present the following facts for further consider?tion to the Planning and Zoning Cot¢russion: this- evening concerning the; requested encroacYm~nt upon the required f~fteen'foor rear yard. adjusiz*~nt. For your edification, I art.en-- closing acopy of the: site and landscaping plan foz the project, having therecn indicated. the location. of alI of the affected. properties, Initially, it, must be noted that.a substantial interior court yard, of 74~ square. feet is provided, as pointed" out by you in your recon~ndation. In fact, the building coverage is k.:a'~ 46°s. of the entire lot area, or 23 113°s less than is required by the San:,.Nbnica Municipal Code. The rear of Ms. Atkinson.'s pro~rty corers within, 15 feet. of the conPtx7n Property line, Mr. Sherr's property is 20 feet"from said property line.. Mr. Shen would appear to be the one most directly affected by the request. for rear yard adjustz~nt, although, I: am. concerned, with both property-owners' uSe.and enjoymait of their res~cective.propertes, equally, The rear yard.adjustm?nt involves but a 17 foot wide. portion, of the"structure to come.wi:thin 6 feet of the rear property line in lieu, of the, 15 foot: re:~iLfre- ?~nt• r'Is. Atkinson.'s property would be }~nefted'bv its openness to the north- and north.west of said property. ivir. Sherr's property would be Jrnefited by the openness directly to the west. along the. south side yard adjacent, to the Arntz' side. yard.. It must be noted tha9; the. unit of the proposed. project. which i:s tIk-~. subjcet .matter of the.sequest for rear' yard adjustment is not simply what one would consider to be the: back of tha property. In fact, the-front-door af'sad unit is entirely open. to the back yard., the proposed project being a7rx~st entirely syrcr~trical wherein one could consider said deuelopmeht as having no true.'"front" or °'back"., Tn:fact, the entire. property could be 'reversed ..and remain aesthetically and otherwise strong and beneficial to the neigli~r- hood. - . _. LAW OFFICES HADDAD AND TOBIAS t p Y ,,~ James tiuvsford, Director `i Santa Nbnica Planning I~partacpnt C~tober 15, 1979- . Page 7hsee The promised project was cmnceived in the manner as presented in the.appli- cation due, in part, to the surrounding development, zrost of which is in co!~liance with local and state rules and regulations, sow of which is not. Crz cannot technically legislate good design, and the su'o jet Sections 9144 and 9145 of the Sang N~nica Municipal Code, concerning ad jcLSt~nts and variances, ?acre designed to give flexibility necessary to the proper enjoy- . meet of onus property rights so long as there be na unreasonable detriment to the neighborhood in which the property is located.. Ixi my discussion had recently ~,rith: Ms. ,Atkinson and N~ssers. Sheer anti: Withrow, the following compromise was proposed. That I, as developer of the. property, would irk carefully ~,rith property owners Atkinson. and Sheer in. a. program to attractively landscape their rear yards, including therein the inq*.~diate planting of three 75 gallon trees or plants on each of their.. properties forthwith.. If said trees are planted at the present tis~, at such t%~ as the project were to be completed in, say, 15 sronths, said ties or plants would be of such maturity so that they would.Ip not only. an_asset - to the Atkinson and. Sheer properties, providing much enjoyrtent to their use ' of same® but would benefit. the suiaject.proper~ty thereby. Although i<7s. Atkinson and Mr. Sheri seem am~anable to the proposal, they, understandably ` not having had suffici:ent.tiz~ to fully digest the. proposal, ,have, yet, to commit themselves to such a proposal. I stand with such proposed compromise open. to them. and would. strongly urge and recommend that you make such a proposal, ui_ front of .the C,ommiss%on this evening. z have urged and expect all of the adjacent. property owners to be present. at the.h>.arincl this eyenic< and, each of them: has indicated that they would atte:rpt. to be present. In conclusion,, it is respectfully requested that you recommend to the'Platininc; C,onmission approval of the project, as heretofore proposed as to items 1, 2 ana. 3, and with respect to item 4::, that the: alternative design consist of _ - such landscaping as it. necessary to provide Ms. Atkinson and Mr. Sheer with the greatest b`nefits of .the .proposed design. as su~nitted. Finally, if it- - be de~..trerl necessary, a reco~nu'atzon of approval by the architectural review board of, such a landscaping design is urged. Tais latter proposal, could be. accamplished croncurrently'with the submission to the architectural; review board of the required landscaping plans wni.ch are in the process of being prepared .and completed at the. present time. thank you, kindly for your cansit RJT av Ihclosures T, _ _ . _ _ ____ _ __ _________ __ ~:_, _ - ~: - LAW OFFICES. - HADDAD AND TOBIAS . SUIT£ A00 ~ ROBERT"J. TOBIAS IOO WILSHIRE BOULEVARD ~' A PROFESSIONAL CORPORATION I JACK HADDAD, rNC. SANTA MONICA: CALIFORNIA ~J040t ~f A PROFESSIONAL CORPORATION 12131 aHI-aHa9 - 2131 45naH51 RICHARD L OUINT BARRYE. TOBIAS HERBERT C_RUBINSTEIN OCtObeY 2, 1979 OF COUNSEL JOHN F. pVNNE, JR. - ROBERT A. GABTON Mr. Ikavrd N. Shen 3014 C~ldsmith Street. Santa b~nica, California 90405 Isar Mr. Sherry Please lZ advised that the. undersigned is presently a purchaser and agent of Lupe Isabel Nieto, the owner of a nova vacant. parcel of land situated imrediately to the P7est of your property. The Nieto property is comronly ::known as 3003, 3005 and 3007 Highland Avenue., Santa.NSoni.ca., California., Please 1~ further advised that. an Application for Variance and Request for an P3justment has been filed in conjunetioxt with an Application for Permit to Construct eight condominiums on said. lot. With respaa to the ReciL~est for Pdjustment, it appears that. you are an owner of an adjacent property which is effected by the ?ear yard set--hacY. ~isia requested 'to be iidjUSted, Therefore, for yoar review, evaluaticm and. consideration; I am enclosing the Application for. Variance dated S=ptember 25, 1979 with its attached Exhibits "A", "B", "C" and "p", along with. the Request for ark Adjustment explaining the particulars of this matter, As you Grill note on Exhibit."A", the si.'te plan, there are two darkened areas in the right upper portion, of the. plan, each, of said darkened areas being designated with diagnoal lines, There,is also an i:ndication.of the required 15 foot set-back from the pzo~rty line, which is also the co~pn property line with your property: It is only with respect to these adjustmP.nts con- cerning said set-backs that this letter is being directed. R'ne practical. explanation for the. Request for Ptljustment is that we are pro- jetting the property Iine for the larger darkened area to coire_wi:thn six feet of the rear lot line, and the. smaller darkened portion to cow within twelve feet of the. rear lot line,: Fifteen feet is presently required. ~. Pdditzonally, of course, your property is no less than fifteen, feet .East of said property lipe, and. therefore,. in, no event., shall any of these gro- jections cam to within twenty-one. feet of :your property. Therefore, I would appreciate your review of the enc]-used, and if t.~iS agreeable with you that the.adjustrl~nt. requested be~gr~rzfed, please date. and sicpx the n LAW OFFICES ~_. .: _ ",. - _ ____ .. - - .,! • F~ADDAD AND TOBIAS Mr. David M. Sherr C~tober 2, 1979 ~ _~ .~ Page `hiXJ - ~ ~ -. ;~. '~ enclosed acknowledgement where indicated and return to the undersigned no later than C~tober 5, 1979. If you have problems or questions, T would appreciate your calling nQ im!~diately to discuss them, for concern is voiced for your. ' interests and continued comfort and enjoyment of your property. 4Yk-ink you for your kind courtesy, cooperation 'ate attention. - f~ Y ;` ,fBERT J. TOBIA5 _ RJT av Eaiclosures ~; _. ii 3 qq . 5 ~ ~ 1 » i 1 u'c~cJ`m ,} a .C 7 F~sA y~-__.. ~JNN F~'A • ~ 3 4t. [.'.n rS (~' ~~ C,.a'Uh")..t~ I L ~'M,'Fh Q7;#1/vllQ/ ~ .~.~ ~..t~ .. • L+1 ~,sb• KS'JS~FC/Irt*/G?k!d ~ s ~r / `U`Y P~xbJa(d 1 E~i[Gd~''9Ya lfi!~o1lZ g/ ~~~®~~~ a di ~ e Y ~. ~~ ~ ~ ' s 7,~, ~ ~,~ O.7+ Qi3 a~rx ... ~rL1~- x,~.ktxrs as'.~rvcrr/+NS a"f1~7 N p"JSON~7 a ~ e r.x - a rt t:,rn :~w tea. /~:vnse~ ~>.° ~•' ~ _ .: Y °... ~ ~ l .. ..° .__' .. .. ,.:•. -- - ~ _ ~,., o ~,.' ~® ~~~~ _ ~, ~~ `a- 'yc - _ ~ - .t, _ _ +: - _--- _ NTIK ?~ v-_. -- _ '7.w .` - _ .: S i iQHH03 ./• 1 •I i ' ~~ - .- ~~ ~ .;' ~® ,. . / , I •% ~ ;~~ _ - e •~, li _ _ _- _ a. ~~.?- •N•. a ^. .. __.._~ _ ~r~zsn~r ~zzx~xs , uosNZxs~z ~; .. - .° .. LxiTNi - -• -^'-.. -°•-- -°-- + c..._- wog arr , d ' ~4 ~ - -~ } RE~fYED OF~iGE° ?3~ i'NE MAR ~ 1130 ~!~'F Sf1Fbry ~ 1' 4.-`i. 4~L~~. SHERMAN L. STACEY A PROFESSIONAL LAW CORPORATION 133 OCEAN AVENUE SAi ITA MONICA, CALIFORNIA 90401 March 5, 1981 Ms. Ann Shore City Clerk City of Santa Monica 1685 Main Street Santa Monica, California 90401 RE: Tract No. 38475 Dear Ms. Shore: AREA CODE 213 394-1163 I have received your letter dated March 2, 1981 concerning a new .hearing set for the final map on Tract No. 38475. My letter to you dated February 25, 1981 requested your execution of the map as required by law. I did not request a new hearing before.. the City Council. The City Council had an opportunity to take action at its last meeting and did not.. Government Code X66458 is very clear as to what results from such action. Mr. Tobias and I will attend the City Council hearing on March 10, 1981. However, the Council has no jurisdiction to take any action other than the approval of the map. Very truly yours, ~~ ~~~ SHERMAN L. STACER_ SLS:mal cc: Shane Stark, Esq. Robert Tobias ~F.,.~ '9 'v'Et ~~~~~€„w~a SHERMAN L. STACEY 5~ [ A PROFESSIONAL LAW CORPORATION ~~` ~~ '9 ~{~ ~' ~~I 133] OCEAN AVENUE YN V V% AREA CODE 213 SANTA MONICA, CALIFORNIA 90401 asa-Ilea $a~~~ ~~ ;l`:~< c:,~t.=F° February 25, 1981 Ms. Ann Shore City Clerk City of Santa Monica 1685 Main Street Santa Monica, California 90401 Re: Tract No. 38475 Dear Ms. Shore: On Jahuary'16 1981, Mr. Robert Tobias filed the Final Map for Tract No. 38475 with the City. of Santa Monica. The certification of the Final Map was scheduled before the City Council on February 24, 1981 but the Council failed to take action to approve or disapprove the Final Map. Government Code X66458 provides as follows: (a) The legislative body shall within a period of 10 days after the filing of the final map for approval or at its next regular meeting after the meeting at which it receives the map, whichever is later, approve the map if it conforms to all the requirements of this chapter and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or, if it does not so conform, disapprove the map. (b) If the legislative body does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all said requirements and rulings, it shall be deemed approved, and the clerk of the legislative body shall certify its approval thereon. SHERMAN L. STACEY A PROFESSIONAL LAW CORPORATION Ms. Ann Shore February 25, 1981 Page Two Mr. Tobias has not authorized any extension of the time set forth in X66458 (a) and such time has now passed. I am enclosing a memorandum dated to the Council from James Lunsford advising that all conditions imposed on the tentative map were complied with and that the Final Map conforms to the tentative map. As such, I believe you are under a duty pursuant to §66458 (b) to certify the approval of the map. Presently, I believe the Final Map is in the possession of the City Engineer. Please certify the Final Map at your earliest convenience and advise the undersigned that it has been done. If you do not certify the Final Map by Friday, February 27, 1981, or if you refuse to certify the Final .Map, please advise the undersigned. Very truly yours, SHERMAN L. STAG SLS:mal ec: Shane Stark{:_ Esq. Robert Tobias { 1„ DATE: March 2, 1981 T0: City Attorney FROM: City Clerk SUBJECT: Final Tract Map No. 38475 T'he above map was considered by the City Council on February 24, 1981. A motion to approve the map failed on a vote of 2 in favor, 4 opposed. Upon receiving a letter ( copy sent to your office) from Attorney Sherman L. Stacey requesting that I certify the above map by February 27th, I telephoned your office for advise. Pursuant to that conversation, I have found from Director of Planning. Lunsford that the map appeared before the City Council for the first time, at the February 24th meeting. I further understand from. our conversation that the Council . will have an opportunity to approve or disapprove the map at their March 10th meeting under some provision of the Subdivision.. Map Act. As you suggested, I advised Mr. Stacey that the matter- will be on the Council agenda of P~Sax•ch 10th. Attachment 6 ^D DEB 2 4 9981 Santa Monica, California, February 24, 1981 T0: Mayor and City Council FROM: City Staff SUBJECT: .Final Map Approval Introduction MAR 1 0 f989 This report transmits a Final Map for City Council approval of the following condominium ~ro,j981 which received Tentative Approval November 5, 1979, extended to November I TRACT ADDRESS DEVELOPER UNITS 38475 3003-3007 Highland Avenue Robert J. & Lynn Tobias. g (new) and Sandy Pliller Background After public hearing and careful review of the record and staff recommendations, the City Planning Commission approved the Tentative Map for the above project. The action of the Planning Commission was based on its finding that the pro- posed subdivision should cause no substantial environmental damage and is in conformance with all state and local laws and regulations and applicable General Plan Elemen ts. The Final Pap conforms to the Tentative Map. The License Division reports that the developer has either paid or agreed to pay the condominium tax. The Building and Safety and Fire Departments indicate that the project meets present fire safety requirements. Approval by the County Engineer's office has been received for the project. One unit was demolished by City Permit in July 1979. The Rent Control Board granted exemption at its April 12, 1980 meeting. Construction has not begun. Alternatives State and City ordinances require approval of final subdivision maps which comply MAR 1 0 99~"; with approved Tentative Maps. 6- Ff $ 2 4 9989 Mayor and City Council Page 2 Recommendation Inasmuch as the Final Map conforms to the approved Tentative Map, the buildings meet required safety standards and the tax has been paid or an agreement to pay executed, it is respectfully recommended that the City Council affirm the find- ings of the Planning Commission and approve said Map.by approving the attached Resolution. Prepared by: James Lunsford ° Jl:lk Attachment: City Council Resolution February 24, 1981 r?embers of the city council: l/® vYe, the property-owners and residents of 6 of the 7 properties immediately adjacent to the proposed project at 3003-3007 i-iiahland Ave. (Consent Ca lender 76-D), would like to brim a matter to your attention at this time. ~iar~: of us were party to discussions with the applicant,Robert Tobias, at the time of his original application to the Manning Commission, in Gctober, 1979. irk. Tobias was applyin for a lariance for rear yard adjustment and side area modification and needed our agreement. At that time, ail owners of propehty surrounding the proposed pf'oject -in additio.i to many other concerned neighbors- opposed the granting of any variances for this project (a copy of the signed petition is on file at the planning commission). Pentative tract approval was reserved until we settled our negotiations. In exchange for our acceptance of his requested variances and adjustments. T~ir. 'Pobias agreed to several of our conceEns. These 10 agreed-upon conditions are on file in the planning commission office. we negotiated in good faith with-P+ir. Tobias, and assumed he was doing the same. Several matters which have been brought to our atten- tion since then have led us to question this assumption. we have discovered several instances of misrepresentations, irregularities, and outright violations by iVir. Tobias who, we learn, does not even intend to be the developer of this project once the permits are secured. we are in favor of responsible develop.~nt in our neighborhood, as our previous agreement with i~ir. Tobias shows. but we must protest against outside speculators who misuse our tnust and show no real concern for the community in which we live. Ne are concerned that the agreement iJir. Pobias made with us will not be honored by him or another developer and feel that this must be included as a condition of final tract approval. Given the information we have learned since the agreement we would urge that _ approval_for this pro.iect not be ~rai~ted at x11. ~'t the very-least we ask for some protection of the con itions that Mr. Tobias did agree to, which enabled him to receive variances and tentative tract approval. Thank youi David Sherr (property-owner) Carolyn Atkinson (property-owner) ia_argene Nelson (property-owner) Kenneth Fugitt Irene 'Holt / , ~ ,, 3014 Goldsmith St. _~~~ y/ ~ „;; .~//,">.~~// 3008 Goldsmith at. ~~ ~-~~~~GL, 63~c Pier Ave. ~' f _ ~.- ~~ ~ _ _ -, _ ~, ; 630 Pier Ave. ~A _ ..__.--: _- ~_-, 630 Pier Ave. ~B Patric tan iyicCarthy IDiunjak 3001 Highland Ave. C-~ I'ebruar~,/ 23, 1981 ~?'p `?'11e ~'lty ~'ptinCll, o.s the owner of the property at. 30'Id Goldsmith St>~ adjacent to X003-1007 Highland qve.~ S respectfully reeuest +_ha+, you consider denial of this rermit for *he followi.ng reasons' The variance granted at the °lanning Commission hearing in ^'ovember n° '.4?9 was misrerresented to me in a letter dated Oct, d that year, In +'-;~± letter, ?dr< Tobias s+,ated that his project would come no closer than 2? feet from my property, whereas the actual fig!ire is six feet, I am also reliably informed that upon receipt of therermit, ?4r, Tobias intends to sell the pxoperty to a speculator, Thank you, David M. Sherr '°". C1~I'Y C)k~ ~~\1r~ MO\'iCA CALIFORNIA City Clerk 1685 Main Street, Santa Monica, Ca. 90401 Telephone (213) 393-99'75 r4arch 2 , 1981 Mr. Sherman L, Stacey, Law Offices 1337 Ocean Avenue Santa Monica, GA 90401 P.e: Final Tract Map No. 38475 and your letter dated' February 25, 1981 ° Dear Mr.,Stacey: This letter confirms my telephone call to your office last.. week to notify. you and your client Robert Tgbias that the matter of Final Tract Map No, 38475 wi l be on the City Council agenda of March 10, 1981. It will be considered as Item 5-A on page 1 of the agenda. The Council meeting be- gins at 7:30 P.M, Sincerely, ~~. `~~~~ inn M. Shore City Clex-k AMS: ch cc: Director o:E Planning City Attorney ~~,. ~;y RESOLUTION N0. 6218 (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 38475 THE CITY COUNCIL OF THE CITY OF SANTA MOP:ICA DOES RESOLVE AS FOLLOWS. SECTION 1. That the Map of Tract No. 38475 in the City of Santa Monica presented by Robert J. and Lynn Tobias and Sandy i Miller, being a subdivision for condominium purposes of Lot 1, Block A, Ocean Part Terrace Tract, as shown on Map record-ad in Book 6, Page 129 of Maps, and Lots 11 and 12, Block 5, Fountain Glen Tract, as shown on Map recorded in Book 7, Page 112 of Maps, both. Records of Los Angeles County,. be and the same hereby is accepted and approved. SECTION 2._ That the City Clerk hereby is authorized and directed to endorse upon the face of said Map this order authenti- cated by-the Seal of the City of Santa Monica. SECTION. 3. .That the City Clerk shall certify to the adoption of this resolution. and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~`~~~ ACT/A7~ TY ATTORNEY ~: AI'OPTED AND APPROVED THIS OF Plarch , 1981 loth DAY ~" ~ MAYOR I HEREBY CERTIFY THAT THE FOREGOIfJG RESOLUTION, (J0, 6218 !SAS DULY ADOPTED BY THE CITY COUtJCIL OF THE CITY OF SAfJTA f10tdICA AT A REGULAR PIEETIfJG THEREOF HELD ON r~ar~h loth .1981 BY THE FOLLO!tIf~tG COUfJCIL VOTE: AYES: CO.UfdCIL~1Et1BERS; Jennings, Reed, Scott and Playor Bambrick f10ES: COUNCIL~1Ef1BERS: Yannatta Goldway, Rhoden ABSENT:. COUNCILPtEP1BERS; :none ABSTAIN: COUNCiL~"9E:"9BERS: None ATTEST: CITY CLERK