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SR-042892-6J I Cr~ LUTM:PB:DKW:DM/DMCCMEMO,PCWORD.PLAN Santa Monica, California council Mtg: April 28, 1992 APR '\ ~ '9QZ (., .) . " TO: Mayor and City Council FROM: City staff SUBJECT: Certification of statement of Official Action for Appeal of Development Review 91-007, 502 Broadway. INTRODUCTION This report transmits for City council certification the statement of Official Action for the appeal of the above listed Development Review to allow a modification to Development Review 88-007 to extend the expiration date by six months from the date of approval for a previously approved four story, mixed use project at 502 Broadway. On January 8, 1992, the Development Review was denied by the Planning Commission. The applicant appealed the Planning commission denial to the City Council, and on March 17, 1992, the City council denied the appeal and upheld the Planning commission denial of the Development Review. RECOMMENDATION It is respectfully recommended that the city Council approve the attached statement of Official Action which contains findings for the denial of Development Review 91-007. Prepared by: Paul Berlant, Director of Land Use and Transportation Management D. Kenyon Webster, planning Manager David Martin, Associate Planner Attachment: A. statement of Official Action 6 -T APR ,,-, ,.,..-- \ s:., l) .:j~l.. C:ITY COUNCJ:L STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Development Review 91-007 LOCATION: 502 Broadway ~. APPLICANT: Johannes Van Tilburg & Partners CASE PLANNER: David Martin, Associate Planner REQUEST: Application for Development Review to allow a modification to Development Review 88-007 to extend the expiration date by six months from the date of approval. CITY COUNCIL ACTION 03/17/92 Date. Approved based on the following findings and subject to the conditions below. XX Denied appeal, upheld Planning Commission denial - of Development Review. Other. EFFECTIVE DATE OF ACTION: 03/17/92 Case #DR 91-007 EXPIRATION DATE OF ANY PERMITS GRANTED: N/A Case #DR 91-007 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE N/A Case #DR 91-007 DEVELOPMENT REVIEW FINDING 1. The physical location, size, massing, and placement of proposed structures on the site and the location of pro- posed uses within the project are compatible with and re- late harmoniously to surrounding sites and neighborhoods, in that in that the proposed building is of similar size and scale to existing buildings located in the C3C District. - 1 - . 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the site design pro- vides adequate driveway and parking facilities and the site is adjacent to improved streets. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the project is an inf ill of an already developed area with all necessary services and infrastructure preestablished. 4. Anyon-site provision of housing or parks and public open space, which are part of the required project mitigation measures required in Subchapter SG of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, satis- factorily meet the goals of the mitigation program, in that Subchapter SG does not relate to this type of development. S. The request for a time extension is not consistent with the Municipal Code and General Plan, in that the Municipal Code states that such a permit shall expire one year from the date of approval, with a possible three-month exten- sion. The applicant obtained such extension, and request- ed an additional extension in excess of six months. In acting on a similar recent request for a project at 2221 wilshire Boulevard, the City Council indicated that exten- sions beyond the term set by the Municipal Code would not generally be granted unless unique circumstances, not in- cluding financial hardships, were demonstrated. Such un- usu~l circumstances have not been demonstrated in the present instance. 6. Reasonable mitigation measures have Deen included for all adverse impacts identified in the Environmental Impact Report, in that all reasonable mitigation measures iden- tified DY the EIR as well as staff were included as condi- tions of approval for the project. VOTE Motion: Deny appeal and uphold Planning commission denial. Ayes: Abdo, Olsen, Vasquez, Zane Nays: Holbrook Abstain: Absent: Genser, Katz NOTICE If this is a final decision not Subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section u- 2 - , . 1094.6, which provision has been adopted by the City pursuant to Municipal Code section 1400. I hereby certiry that this statement or atricia! Action accurate- ly reflects the rinal determination of the City Council of the city of Santa Monica. signature date Ken Genser, Mayor Please Print Name and Title r hereby agree to the above conditions Of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of t.he pend t approval. Applicant's Signature _ Print Name and Title PC/CCSTOA07 DM - 3 -