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City Council Meeting 5-24-88
Santa Monica, California
STAFF REPORT
TO: Mayor and city council
FROM: city Attorney
SUBJECT: Appeal of Planning Comm ission Denial of Development
Review Permit 407 for Conversion of Eight Residential
units Located at 1826 14th street into commercial
Offices and Inaction on Parking Variance ZA 5162-Y
At its meeting on May 17, 1988, the city Council continued
the portion of the hearing on the appeal of the Planning
commission action on Development Review Permit 407 and ZA 5l62-Y
related to the parking variance application.
The following represents the chronology of events related to
DR 407/ZA 5162-Y:
February 18, 1987: Applicant files
Administrative Approval application and Variance
application to permit conversion from residential to
commercial use and to allow seven parking spaces
instead of twelve required spaces.
March 5, 1987: Planning Division staff sends
letter deeming the Variance application incomplete.
March 24 1987: Applicant sends letter
responding to issues raised in Planning Division
letter of Karch 5, 1987.
May 2B, 1987: Christopher Harding sends
letter to City confirming that the Planning Division
will process all pending development applications
wi thout prejudice to whether Program 10 has
applicability.
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July 20, 1987: Administrative Approval
application to permit the conversion is denied by
staff.
July 22, 1987: Applicant files Development
Review application seeking planning Commission
resolution of the Program 10 issue and approval of
the change of use.
August 22, 1987: Applicant's Development
Review application is deemed complete.
January 27, 1988: Staff Report to Planning
Commission is released recommending denial of the
variance and requesting Planning Commission
direction on applicability of Program 10.
February 1, 1988: Chris Harding sends letter
stating that the parking variance has been
automatically approved pursuant to the provisions of
the Permit Streamlining Act.
February 3, 1988: Development Review
application is deemed denied by the Planning
commission. The Planning Commission does not act on
the parking variance pursuant to advice from the
City Attorney's office that the variance application
as been deemed dismissed pursuant to Santa Monica
Municipal Code Section 9l45C.3.
The applicants have appealed the Planning Commission's
technical denial of the Development Review permit as well as its
inaction on the parking variance. A legal dispute between the
applicants and the city exists regarding whether the applicants
were entitled to the requested parking variance by operation of
law or whether the requested parking variance was dismissed by
operation of law.
In an attempt to reach a resolution that satisfies staff's
concerns about the adequacy of parking at the project site and
the applicant's desire for a parking variance while avoiding the
need for litigation of the procedural dispute, staff has met with
the applicant's attorney and architect to arrive at a parking
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plan which will
provide
more
parking
than
originally
contemplated. Two alternative parking plans have been proposed,
one which provides nine spaces and the other which provides ten
spaces. staff supports the plan providing nine spaces based on
the attached conditions.
Pursuant to Ordinance Number 1413 (CCS), a variance
application filed in conjunction with a permit requiring Planning
Commission approval may be oonsidered at the same time as the
main permit application.
RECOMMENDATION
It is respectfully recommended that the City council grant a
parking variance for a minimum of nine spaces based on the
attached findings and conditions.
PREPARED BY: Robert M. Myers, City Attorney
Laurie Lieberman, Deputy city Attorney
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FINDINGS AND DETERMINATION OF THE
CITY COUNCIL--CITY OF SANTA MONICA
CASE NUMBER: 5162-Y
PROJECT ADDRESS: 1826 14th Street
LEGAL DESCRIPTION: Lot 276 of Tower Terrace, Book 8 Page 25
APPLICANT: Stephen Ksieski As: Purchaser
Subject Type and Extent
VARIANCE
To permit the reduction in automobile spaces from
12 required spaces to 9 spaces, 1 of which will be
provided in tandem.
An application for the above was filed on February 18,1987 and a
public hearing was held on May 17,1988 per the requirements of
Chapter 1, Article IX of the Santa Monica Municipal Code. Having
followed appropriate due process, the City Council of the City of
Santa Monica hereby approves the variance application subject to
the following findings and conditions:
Findings:
1. That the strict application of the provisions of this Chapter
would result in practical difficulties or unnecessary
hardships inconsistent with the the general purpose and
intent of this Chapter in that the property as currently
developed does not provide adequate area to accommodate the
12 required parking spaces for commercial development. The
site consists of two existing structures located on the site
in such a manner as to prevent the placement of 12 commercial
parking spaces.
2. There are exceptional circumstances applicable to the
intended use of the property that do not apply generally to
other property in the neighborhood in that the site was
originally developed for residential use, and that none of
the units have been used for residential rental purposes
since 1984. The property has been utilized as a mixture of
commercial and residential uses since 1979, during which time
units 7 and 8 were used in conjunction with a commercial
welding business. The property obtained a Removal Permit and
Exemption Permit from the Santa Monica Rent Control Board on
May 10, 1984 to no longer utilize the units for residential
purposes.
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3. That the granting of the variance would not be materially
detrimental to the public welfare or injurious to the
property in the neighborhood in which the property is located
in that the conditions of the variance require that a minimum
of 9 parking spaces be provided on site for the commercial
use, and that the future uses of this property will be
limited to prevent parking intensive commercial uses from
being established at this location.
Conditions:
1. That a minimum of 9 parking spaces shall be provided on the
site for the commercial Uses.
2. That the tandem parking spaces shall be assigned and
specifically identified as employee parking.
3. That the garage currently existing at the rear of the
property shall be removed within 90 days of the effective
date of this variance.
4. That medical office use, fast food or restaurant Use, and
automobile repair or sales, shall not be permitted to operate
on the site.
5. Final parking lot layout and specifications shall be sUbject
to the review and approval of the Parking and Traffic
Engineer.
6. On-si te parking shall be made available without cost to
building customers and employees.
7. The applicant shall comply with all other provisions of
Chapter 1, Article IX of the Municipal Code (Zoning
Ordinance) and all other pertinent ordinances and General
Plan policies of the city of Santa Monica.
8. The rights granted herein 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.
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FINDINGS AND DETERMINATION OF THE
CITY COUNCIL--CITY OF SANTA MONICA
CASE NUMBER: 5162-Y
PROJECT ADDRESS: 1826 14th Street
LEGAL DESCRIPTION: Lot 276 of Tower Terrace, Book 8 Page 25
APPLICANT: Stephen Ksieski As: Purchaser
Subject Type and Extent
VARIANCE
To permit the reduction in automobile spaces from
12 required spaces to 9 spaces, 1 of which will be
provided in tandem.
An application for the above was filed on February 18,1987 and a
pUblic hearing was held on May 17,1988 per the requirements of
Chapter 1, Article IX of the Santa Monica Municipal Code. Having
followed appropriate due process, the city council of the city of
Santa Monica hereby approves the variance application subject to
the fOllowing findings and conditions:
Findings:
1. That the strict application of the prov~s~ons of this Chapter
would result in practical difficulties or unnecessary
hardships inconsistent with the the general purpose and
intent of this Chapter in that the property as currently
developed does not provide adequate area to accommodate the
12 required parking spaces for commercial development. The
site consists of two existing structures located on the site
in such a manner as to prevent the placement of 12 commercial
parking spaces.
2. There are exceptional circumstances applicable to the
intended use of the property that do not apply generally to
other property in the neighborhood in that the site was
originally developed for residential use, and that none of
the units have been used for residential rental purposes
since 1984. The property has been utilized as a mixture of
commercial and residential uses since 1979, during which time
units 7 and B were used in conjunction with a commercial
welding business. The property obtained a Removal Permit and
Exemption Permit from the Santa Monica Rent Control Board on
May 10, 1984 to no longer utilize the units for residential
purposes.
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- 1 -
3. That the granting of the variance would not be materially
detrimental to the public welfare or injurious to the
property in the neighborhood in which the property is located
in that the conditions of the variance require that a minimum
of 9 parking spaces be provided on site for the commercial
use, and that the future uses of this property will be
limited to prevent parking intensive commercial uses from
being established at this location.
Conditions:
1. That a m1n1mum of 9 parking spaces shall be provided on the
site for the commercial uses.
2. That the tandem parking spaces shall be assigned and
specifically identified as employee parking.
3. That the garage currently existing at the rear of the
property shall be removed prior to any new commercial use of
the property.
4. That medical office use, fast food or restaurant use, and
automobile repair or sales, shall not be permitted to operate
on the site.
5. Final parking lot layout and specifications shall be subject
to the review and approval of the Parking and Traffic
Engineer.
6. On-s i te parking shall be made available without cost to
building customers and employees.
7. The applicant shall comply with all other provisions of
Chapter 1, Article IX of the Municipal Code (Zoning
Ordinance) and all other pertinent ordinances and General
Plan policies of the city of Santa Monica.
8. The rights granted herein 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.
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OS/24/88
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