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SR-6-P (18) 6-'f LUTM:PB:DKW:DB/oc020sta.pcword.plan Council Mtg: March 23, 1993 Santa Monica, california MAR ') I " ~o.3 k.-- d ..,~ TO: Mayor and City council FROM: City staff SUBJECT: Statement Of Official Action for Appeal of Planning Commission Denial of Appeal of Zoning Administrator Approval of Occupancy Permit 91-020 INTRODUCTION This report recommends that the City Council approve the Statement of Official Action regarding the Council's action on the appeal of the Planning Commission upholding the Zoning Administrator's approval of Occupancy Permit 91-020. On January 12, 1993, the City Council denied said appeal, thereby allowing the conversion of an 8-unit apartment building from residential use to mixed commercial and residential use. ~UDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the Council approve the Statement of Official Action regarding the Council's action on the appeal of the Planning commission upholding the zoning Administrator's approval of Occupancy Permit 91-020. 6-p - 1 - M"~ J.\r. .- ~ ....... ~u...,j Prepared by: D. Kenyon Webster, Planning Manager Drummond Buckley, Associate Planner Planning Division Land Use and Transportation Management Department DB PC/oc020sta 03/15/93 - 2 - CITY COUNC I L STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Appea 1 of Pl ann i ng Comml 5 s 1 on Den 1 a 1 of Appeal of Zon i ng Admln1strator Approval of Occupancy Permit 91-020 LOCATION: 1620 Broadway APPLICANT: Ronen Hacker APPELLANT: Ken Genser CASE PLANNER: Drummond Buckley, AssOc1ate Planner REQUEST: Appeal requests denial of applicant's proposal to convert an 8-unit apartment bUlldlng to a m1X of commerclal and resldent1al uses. CITY COUNCIL ACTION 1-12-93 Date. Approved based on the following findings and subject to the cond1tlons below. X Appeal denied. Zoning Administrator and Plannlng Comm1SS1on Determlnations upheld. Other. EFFECTIVE DATE(S) OF ACTION(S): 1-12-93 Appeal of OC 91-020 FINDINGS: 1. The proposed use 1S 1n compllance w1th Ord1nance Number 1466 (CCS) and any such City Ord1nance that apply ln that proposed occupancy consists of the property owner and that a deed restriction shall be recorded stipulating compliance with Section 1801 (f) of the C1ty Chapter pr10r to lssuance of certificate of occupancy. 2. The proposed occupancy conforms to the General Plan ln that the mult1-famlly resldentlal use wlll not be altered unt1l a bU1ldlng permlt for an approved residential replacement project 1S 1ssued. 3. The proposed occupancy conforms to the Comprehenslve Land Use and Zon1ng Ordlnance in that the eX1st1ng mult1-faml1y residentul use wlll not be altered until a building permlt for an approved res1dentlal replacement project lS lssued. - 1 - 4. No more than one un1t on the property wlll be occup1ed by owners of the property. 5. The Rent Control Board has cert1f1ed that the owner has complied with the requirements set forth ln the Government Code Sections 7060.2 and 7060.4 and wlth appl1cable regulation promulgated by the Rent Control Board ln a determlnat10n dated 4/16/92. CONDITIONS: 1. Only one Unlt may be owner occup1ed. Famlly members of the owner may reside in other units; however~ they cannot have any ownershlP 1nterest ln the unlts and cannot pay rent as defined in Section 1801(f} of the Clty Charter. A Deed Restriction lS requ1red and must be recorded reflectlng thl s condl t lOn. Proof of recordat 1 on must be provided to the Pl anm n9 D1V1Slon before th1S determ1nat1on will become effective. 2. Plans for flnal design, landscaplng, screenlng, trash enclosures, and slgnage, where appllcable, shall be subject to review and approval by the Architectural Review Board. 3. Wlthin ten (10) days of transmittal of Planning Dlvislon approval~ project appl1cant shall sign and return a copy of the Occupancy Perm1t determination prepared by the Pl anning Division, agreelng to the cond1tlons of approval and acknowledging that fallure to comply wlth such cond1tions shall constitute grounds for revocation of the perm1t approval. Fa1lure to comply wlth thlS condltlon shall constitute grounds for permit revocatlon~ pursuant to Sectlon 9134 4 (SMMC). VOTE ON MOTION TO DENY APPEAL AND UPHOLD DETERMINATION: Ayes: Nays: Abstaln: Absent: Abdo~ Greenberg~ Holbrook, Rosenste1n, Vazquez Olsen Genser NOTICE If th1S 1S a flnal dec1s1on not subject to further appeal under the City of Santa Monica Comprehensive Land Use and ZOnlng Ord1nance, the t1me w1th1n which Jud1cial review of this dec1sion must be sought is governed by Code of Clvil Procedure Section 1094.6, which provislOn has been adopted by the Clty pursuant to Munlclpal Code Sect10n 1400. - 2 - I hereby certify that this Statement of Official Action accurately reflects the final determination of the City Council of the City of Santa Monica. ~>>;'d~ / Ll;t!/~ -signatur-e - - - /.. .J.. 129.. 9'3 date Clarice E. Dykhouse? City Clerk Please Print Name and Title I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title PCjec20sta DKW : s 1 - 3 .