SR-11-E (16)
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STATEMENT OF OFFICIAL ACTION
PROJECT
Wv~BER: Development Review 454
Environmental Impact Assesment 874
LOCATION: 401-415 Santa Monica Boulevard
1341-1357 4th Street
APPLICANT: Peter Broner/Luis Decastro
REQUEST: To certify the Environmental Report and to con-
struct a 90,300 square foot retail/office build-
ing with 303 parking spaces provided in a three
and a half ~evel subterranean parking garage.
PLANNING COMMISSION ACTION
09/20/89
X
Date.
Approved project based on the follo~ing findings
and Subject to the conditions below.
Denied.
other.
DEVELOPMENT REVIEW FINDINGS
1. The development is consistent with the findings and pur-
pose of Ordinance 1321 as set forth below.
2. The physical location and placement of proposed structures
on the site are compatible with and relate harmoniously to
surroundinq sites and neighborhoods in that proposed
buildinq is lccated naxt to a saven story building to the
east and five story building to the south.
3. The existing and/or proposed rights-of-way and facilities
for both pedestrian and automobile traffic will be ade-
quate to accommodate the anticipated results ot the pro-
posed development including oft-street parking facilities
and access thereto in that 331 parking spaces are pro-
vided, and parking plans have been approved by the Parking
and Traffic Engineer.
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4. The existing and/or proposed public and/or private health
and safety facilities (lncluding, but not limited to,
sanitation, sewers, storm drains, fire protection devices,
protective services, and public utilities) will be ade-
quate to- -accommodate the anticipated results of the pro-
posed development.
5.
The proposed development is consistent with the General
Plan of the city of Santa Monica and the Zoning Ordinance
in that the project will conform to the height, bulk, use
and urban design policies for the Downtown Core as
specified in the Land Use Element of the General Plan and
conform to the appropriate C4 Zoning District standards
contained in the Zoning Ordinance.
SPECIAL CONDITIONS
1. Construction of the proposed project will be required to
be in compliance with SCAQMD Rule 403 which would reduce
fugitive dust amounts by up to 50 percent. Dust reducing
measures during construction shall include regular water-
ing of graded surfaces, restriction of all construction
vehicles and equipment to travel along established and
regularly watered roadways, and suspending operations that
create dust during windy conditions.
2. Al ternative transportation modes shall be encouraged by
promoting public transit usage and providing secure bicy-
cle facilities.
3. To the extent feasible, the project shall take advantage
of natural heating and/or cooling through sun and wind
exposure, solar energy collection system opportunities,
and energy efficient interior and eX~erior lighting
systems.
4. Landscape design shall be tailored, where feasible, to
minimize heat gain in summer and maximize heat gain in
wintar, and to promote air circulation for heating/cooling
purposes.
5. Hot water systems, to the extent feasible, shall be desig-
ned to utilize alternative energy sources.
6. Project construction activities shall comply with City
Noise restrictions.
7.
Prior to issuance of building permits, the applicant shall
submit evidence, to the satisfaction of the City, that all
project land uses will meet applicable exterior and inte-
rior state and local noise standards. The applicant may
be required to prepare a detailed acoustical assessment
indicating mitigation measures necessary to achieve ac-
ceptable exterior and interior noise levels on-site.
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B. Arch~ tectural detailing, canopies, walkways and benches
that relate to pedestr~an amen~ties shall be incorporated
into project design to give the project additional appeal,
as well as to encourage greater street level pedestrian
activity.
9. The structure's glass surfaces shall comply with the
Cityts policy for reflective glass and shall utilize
either non-reflective or low reflective types of glazing
to reduce glare.
10. Lights from the terraces and other building sources shall
be directed toward the structure rather than away from the
structure. In order to offer proper lighting around the
building, lights shall be shielded from adjacent uses pro-
viding that security and safety shall not be compromised.
11. Security lighting shall be directed inward and shielded
from adjacent uses at the periphery of the site, where
possible.
12. The project shall maintain a valet parking system during
all hours of operation.
13.
If requested by the City Transportation Department, appli-
cant shall construct and maintain a bus shelter to the
specifications of the City, prior to Certificate of
Occupancy.
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CONDITIONS
Plans
1. This approval is for those plans dated 9/11/89, a copy of
which shall be maintained in the files of the City Plan-
ning Division. Project development shall be consistent
with such plans, except as otherwise specified in these
conditions of approval.
2. The Plans shall comply with all other provisions of Chap-
ter 1, ArtiCle IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
4. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning Com~ission
Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
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5. Plans for final designl landscaping, screening, trash en-
closures, and s1gnage shall be subject to review and ap-
proval by the Architectural Review Board.
6. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities: scale and articulation of design ele-
ments: exterior colors, textures and materials: window
treatment; glazing; and landscaping.
Fees
7. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality impacts resulting from both new and existing
development. The Plan will likely include an ordinance
establishing mitigation requirements I including one-time
payment of fees on certain types of new development, and
ar - '.lal fees to be paid by certain types of employers in
tt City. This ordinance may require that the owner of
the proposed proj ect pay such new development fees, and
that employers within the project pay such new annual em-
ployer fees related to the city's Transportation Manage-
ment Plan.
Construction
8. Unless otherwise approved by the Department of General
Services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
9.
Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as deter-
mined by the Department ot General Services shall be re-
constructed to the satisfaction ot the Department of
General Services. Approval for this work shall be ob-
tained from the Department of General Services prior to
issuance of the building permits.
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10. Vehicles haulinq dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
11. Street trees shall be maintained, relocated or provided as
required in a manner consistent with the City'S Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval ot the Department of Recreation and Parks.
12. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department ot General
services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
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archi teet: 2) Describe how demol i tion of any existing
structures is to be accomplished: 3} Indicate where any
cranes are to be located for erection/construction: 4)
Describe how much ot the public street, alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion: 5) Set forth the extent and nature of any pile-
driving operations; 6} Describe the length and number of
any tiebacks which must extend under the property of other
persons; 7) specify the nature and extent of any dewater-
ing and its effect on any adjacent buildings: 8) Describe
anticipated construction-related truck routes, number of
truck trips, hours of hauling and parking location: 9)
Specify the nature and extent of any helicopter hauling:
10) State whether any construction activity beyond normal-
ly permitted hours is proposed; 11) Describe any proposed
construction noise mitigation measures: 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel: 13) Provide a drainage
plan: 14} Provide a construction-period parking plan
which shall minimize use of public streets for parking;
15) List a designated on-site construction manager.
13. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
identify the address and phone number of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction period. Said sign
shall also indicate the hours of permissible construction
work.
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14. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during con-
struction at the project site. The pages shall be lami-
nated or otherwise protected to ensure durability of the
copy.
Environmental Mitigation
15. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 qallon toilets and 1.0 gallon urinals and low
flow shower head.)
Prior to issuance of a Certificate of Occupancy, project
owner shall present documentation to the General Services
Department certifying that existing Santa Monica occupan-
cies with toilets installed prior to 1978 have been retro-
fitted with ultra low-flow toilets (1.6 gallons per flush
or less) such that development of the new project will not
result in a net increase in wastewater flows. Flow trom
existing occupancies which will be removed as part of the
new development may be deducted from flow attributable to
the new development if such occupancies have been occupied
within one year prior to issuance of a Buildinq Permit tor
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the proposed project. Flow calculations tor new develop-
ment and eXlstinq occupancies shall be consis ':' ~nt with
guidelines developed by the General Services Dep~ ~ment.
To mitigate solid waste impacts, prior to issua e of a
Certificate of Occupancy, project owner shall s~~mit a
recycling plan to the Department of General Services for
its approval. The recycling plan shall include 1) list of
materials such as white paper, computer paper, metal cans,
and glass to be recycled: 2) location of recyclinq bins:
3) designated recycling coordinator: 4) nature and extent
of internal and external pick-up service; 5) pick-up
schedule: 6) plan to inform tenants/occupants of service.
18. To mitigate circulation impacts, prior to issuance of a
Certificate of Occupancy, project owner shall submit a
transportation demand management plan to the Department of
General services for its approval. This plan shall in-
clude: 1) Name, address and telephone number of desig-
nated person(s) responsible for coordinating transporta-
tion demand management measures at the development. 2)
Demand management measures to be employed at the site to
reduce circulation impacts which would otherwise occur.
Such measures may include, but are not limited to programs
addressing: A. Education and Marketing to alert employees
and visitors to the site to demand reduction programs and
incentives: B. Parking Management such as parking charges
for single-occupant vehicles, reduced rates for car and
vanpools: C. Ridesharing programs such as a rideshare
matching program, incentives, and car and vanpool sub-
sidies; D. Transit programs such as provision of bus
schedules to employees and visitors, subsidized bus tokens
and passes to employees and visitors: E. Bicycling pro-
grams such as provision of secure bicycle storage facili-
ties, provision of showers and lockers: F. Alternative
Wor~ Schedules for building employees to avoid peak AM and
PM "-raffic hours and reduce overall trips; G. Trip Length
Rec~ction by programs to increase proportion of employees
residing within three miles of the project site. The goal
of the Transportation Demand Management Plan shall be to
reduce vehicle trips which would otherwise occur by twenty
percent.
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19. Landscaping plans shall comply with Subchapter 5B
(Landscaping Standards) of the zoninq ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
Miscellaneous Conditions
20.
The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
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21.
The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking or other
actions.
22. No medica~ office use shall be perm~tted at the site.
23. If any archaeological remains are uncovered during
excavation or construction, work in the affected area
shall be suspended and a recognized specialist shall be
contacted to conduct a survey of the affected area at
project's owner's expense. A determination shall then be
made by the Director of Planning to determine the sig-
nificance of the survey findings and appropriate actions
and requirements, if any, to address such findings.
Validity ot Permits
24.
In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
25. Wi thin ten days of Planning Division transmittal of the
statement of Official Action, project applicant shall
sign and return a copy of the statement of Official Action
prepared by the Planning Division, agreeing to the Condi-
tions of approval and aCknowledging that failure to comply
with such conditions shall constitute grounds for poten-
tial revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights appli-
cant may possess regarding said conditions. The signed
statement shall be returned to the Planning Oivision.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
26. This determination shall not become effective for a period
of fourteen days from the date of determination orl it
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator.
Monitoring of Conditions
21 . Pursuant to the requirements ot. Public Resources Code
section 21081.6, the City Planning Division will coordi-
nate a monitoring and reporting program regarding any re-
quired changes to the project made in conjunction with
project approval and any conditions of approval, including
those conditions intended to mitigate or avoid significant
effects on the environment. This program shall include,
but is not limited to, ensuring that the Planning Division
itself and other city divisions and departments such as
the Building Division, the General services Department,
the Fire Department, the Police Department, the Community
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and EconomlC Development Department and the Finance De-
partment are aware ot project requirements which must be
satisfied prior to issuance of a Building Permit, Certifi-
cate of Occupancy, or other permit, and that other respon-
sible agencies are also informed of conditions relating to
their responsibilities. Project owner shall demonstrate
compliance with conditions of approval in a written report
submitted to the Planning Director and Building Officer
prior to issuance of a Building Permit or Certificate of
Occupancy, and, as applicable, provide periodic reports
regarding compliance with such conditions.
PROJECT MITIGATION FEE CONDITION
i
it
1. In accordance with Sections 9046.1 - 9046.4 of the Santa
Monica Municipal Code, prior to issuance of a building
permlt the developer shall execute an irrevocable letter
of credit or other form of security acceptable to the City
for the payment of an in-lieu fee for housing and parks
equal to $2.25/sq.ft. for the first 15,000 sq. ft. of net
rentable office floor area and $5.00/sq.ft. for the
remaining net rentable office floor area. This fee shall
be adjusted for inflation by the percentage change in the
Consumer Price Index (IICPI") between October 1984 through
the month in which the payment is made. Upon mutual
agreement of the developer and the City, the developer may
satisfy the Project Mitigation measures by providing low
and moderate income housing or developing new park space
on or off the project site. To fulfill this obligation an
agreement shall be secured in writing by the developer and
approved by the City Attorney and City staff prior to is-
suance of a building permit.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Farivar, Raufman, Kechur, Pyne, Rosenstein
Lambert, Nelson
/ 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
1094.6, which provision has been adopted by the City pursuant to
Municipal Code Section 1400. This does not supercede Public
Resources Code Section 21167, which governs the time within which
judicial review of the City's acts or decisions in connection
with the California Environmental Quality Act must be sought.
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I hereby certify that this statement of Ofticial Action accurate-
ly reflects the tinal determination of the Planning Commission of
the City of Santa Konica.
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signat.ure ~ " /' -
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print name and title '
/~~~
date .
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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.
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4Pplicant's Signature
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Print Name and Title
PC/stdr454
DM:nh
09/29/89
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lAWRE~CE & HARDIXG
A ,c:::q;;OI;CESSICt....c.:... COJ:C-PQi:CA-iON
JJ.TTORNEYS AT LAW
125-;) SIX-H S-I:;CEET
CI- RISTC?- ER..... r-'A:i=O'DING
R'CHARC A ...AWqENC:::
KE"-iNETi-' L K.:.......CHER
KRIST N ....UBBARD
SU"TE: 300
SANTA t....c"\; leA CAL'FC,;;-....IA 9C4CI
TEi...E-PHONE 12i3-~ 39-2- C07
KE..... N v KC2Al
April 17, 1991
C'"ACS...... L~ (213, 4Se--IS59
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OF' CC_i'.SE'-
HAND DELIVERED
Santa Monica Planning COmIDlssion
1685 Main street, Room 214
Santa Monica, CA 90401
Re: DR No. 91-001 (Application to Amend Development
Review Permit No. 454)
Address: 401-415 Santa Monica Blvd.
1341-1357 Fourth Street
Hearing Date: Aprll 17, 1991
Agenda Item No. 8C
Our Flle No. 786.1
Dear Commissioners:
This letter is being submitted on behalf of the
applicants in the above-referenced matter, Faramarz, Inc. and CAM
Properties, Inc.,
(jointly ~the applicants~)
in support of
Development
Review
APpllcatlon
No.
90-001
( II Amendment
Application") .
The Amendment Applicatlon ,,,as filed to amend
Development Review Permit No. 454 for the purpose of providing a
clear time limit for obtaining a building permit for this project.
BACKGROUND
The prior owner of this property filed Development Review
Permit Application No. 454 on March 31, 1988, and that application
was deemed complete by the City's Planning Divlsion on April 22,
1988.
The appllcation contemplated development of 83,400 square
feet of office space and 15,600 square feet of ground floor retail
space, or a total of 99,000 square feet.
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lAWRE~CE & HARDING
A PPCI="ESS'OP>,jAL CCRPCRATlO~
ATTORNEYS AT LAW
Santa Monica Planning Commission
April 17, 1991
Page 2
On September 20, 1989, the Planning Commission conducted
a public hearing on this appllcation and, upon completion of the
hearing, approved a six-story office/retail building containing
76,500 square feet of office space and 13,800 square feet of ground
floor retail space, or a t~tal of 90,300 square feet. At the same
time, the Planning commission duly certified an Environmental
Impact Report ("EIRfI) for this project.
The prior owner filed Application for Architectural
Review No. 89-285 for this project on December 12, 1989, and this
application was approved on January 22, 1990.
The applicants opened an escrow to purchase this property
in January 1990, and the escrow closed in March, 1990.
Since acquiring this property, the applicants have
diligently exercised the rights granted by Development Review
Permit No. 454. Since acqulring the property, the applicants have
made expenditures and incurred llabilities in diligently seeking a
building permit in excess of $700,000.
These liabilities and
expenditures relate to architectural work (including preparation of
working drawings), a land survey, soils and geological testing,
toxic testing, preparation of an asbestos report on the existing
building, structural, mechanical and electrical engineering work,
preparation of shoring and foundatlon plans, a hydrology study,
plan check submittals to the City's Building and Safety Division,
plan check corrections, and construction analysis by the general
contractor.
LAWRE~CE & HARDIKG
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A PROFE:SSJONAL CCRPCRA.....O""
ATTORNEYS AT LAW
Santa Monica Planning commission
April 17, 1991
Page 3
On September 10, 1990, the applicants sought and obtained
from Planning staff a three-month extension of their Development
Review Permit No. 454 up through and including January 4, 1991.
By the end of December 1990, the applicants had
diligently completed nearly al:i. the requirements necessary for
obtaining a building permit. Unfortunately, they were having some
difficulty with their lender in obtaining a letter of credit as
security for the city's Houslng and Parks Mltigation Fees. The
lender was concerned that once the letter of credit was delivered
to the City, the City might thereafter refuse to return the letter
of credit even if the project was not ultimately completed.
On January 3, 1991, I contacted the city Attorney, Robert
M. Myers, concerning whether the city would be willing to accept a
deed restriction rather than a letter of credit as security for the
Housing and Parks Mitigation Fees. Mr. Myers indicated that a deed
restriction would not be acceptable to the city. At the same time,
however, he informed me that the applicants could file an
application to amend their Development Review Permit to establish
a new termination date so long as their application for the
amendment was filed by the terminat~on date.
Mr. Myers further
informed me that the Santa Monica Planning commission had the legal
discretion under the Santa Monica Zoning Ordinance either to
approve or deny the Amendment Applicatlon.
Later that same day,
the applicants filed the Amendment Application without prejudice to
their posltion that the deed restriction should have been
LAWREXCE & HARDI~G
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A PROFe:SS10NAl.i.. CORPOl:!ATlON
AT1"ORNEYS AT LAW
Santa Monica Planning Commission
April 17, 1991
page 4
acceptable security and that the extension was not legally
necessary because they had already lIexercisedll their Development
Review Permit within the meaning of the Santa Monica Zoning
ordinance.
Subsequent to the AmendmenL Application belng filed, the
City Attorney I s office issued an opinion indicating that letters of
credit posted with the City to secure the Housing and Parks
Mitigation Fees will be returned to the lender in the event the
project applicants abandon their project before obtaining a
certificate of occupancy.
As a result, the applicants I lender
(city National Bank) has agreed to issue a written commitment
letter confirming that they will provide the applicants with a
letter of credit securing the Housing and Parks Mitigation Fees.
DISCUSSION
a) It is the applJ.cants' position that they have
already "exercised" their Development Review Permit within the
meaning of the Santa Monica Zonlnq Ordinance and consequently an
extension is not legally necessary.
Section 9115.5 of the Santa Monica Zoning Ordinance
provides that in the absence of a specific "timing" provision in a
Development Review Permit, such permlts must be "exercised" withln
one year of their effectlve date. Nowhere in the Zoning Ordinance
is the term "exercise" defined. Administratlvely, Planning Staff
LAWRENCE & HARDL\G
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A p~aO:-ESSIONAL CORPORATION
ATTORNEYS AT LAW
Santa Monica Planning Commission
April 17, 1991
Page 5
has typically taken the position that a development review permit
is "exercised" upon issuance of a bU11ding permit.
We have always respectfully disagreed with the Planning
Staff's position in this regard. We believe that in the absence of
a definition of the term "exercise::, all that is required by law is
a diligent and good faith pursuit of the additional permits
required (including a building permit) to complete the approved
project as contemplated by the development review permit.
Community Dev. Commln of Mendicino County v. city of Fort Braqq,
204 Cal. App. 3d 1124, 251 Cal. Rptr. 709 (1988); Morgan v. County
of San Dieqo, 19 Cal. App. 3d 636, 97 Cal. Rptr. 180 (1971); Upton
v. Gray, 269 Ca1. App. 2d 352, 74 Cal. Rptr. 783 (1969).
Based upon these author1ties, it is the applicants'
position that they have "exercised" their Development Review Permit
within the meaning of the Santa Monica Zoning Ordinance and
consequently the extension being requested is not legally
necessary.
Nonetheless, because of the ambiguity of the term
"exercise" as used in the Santa Monica Zoning Ordinance, and
because of Planning Staff's interpretation of this provision to
require issuance of a building permit before expiration of the time
limitation contained in the Development Review Permit, the
applicants have filed this Amendment Application to insure that
they may complete their proJect as approved and to eliminate any
ambiguity or conflict concerning what may be required of them.
LAWREKCE & HARDING
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A PROFE:.SSIONAL CORPORATION
ATTORNe:VS AT LAW
Santa Monica Planning Commission
April 17, 1991
Page 6
b) The Planning Commission should exercise its discretion to
approve the extension as requested.
zoning Ordinance section 9131.4 authorizes the applicants
to file an application to amend their Development Review Permit.
The Amendment Application requests the Planning Commission to add
a specific "timinglf condition in Development Review Permit No. 454,
specifying that the applicants must obtain a building permit no
later than six months from the date the Amendment Application is
approved. This will allow the applicants to complete the few steps
remaining for issuance of a building permit (which include posting
a letter of credit, paying certain city fees which have not be paid
pending resolution of this matter, and obtaining the necessary
final signatures from Clty officlals which are a prerequisite to
issuance of a building permit) .
We submit that, in fairness, the Commission should grant
the requested extension because the applicants have diligently and
in good faith pursued the development of thelr approved project.
This is not a case where the project applicants, after obtaining a
development review permit, have "dragged their feet" i the
applicants have expended in excess of $700,000 in diligent pursuit
of their building permit. In the end, the applicants were caught
in a classical "Catch 22" situation where the City took the
position that the applicants could not obtain a building permit
without first posting a letter of credIt for the Housing and Parks
Mitigation Fees, and their lender inforMed them that they would not
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LAW'REKCE & HARDING
A PRO-='"ES.510I'-;AL CORQoOJ?A....'CN
ATTORNEYS AT LAW
Santa Monica Planning Commission
April 17, 1991
Page 7
issue a letter of credit until the City had issued a building
permit for the project.
The Planning commission should also consider this
Amendment Application in the context of the repercussions if this
Amendment Applicatlon were to be denied.
If this Amendment
Application is denied, according to Planning staff the applicants'
Development Review Permit will be deemed to have lapsed.
This
property is covered by the City's current commercial Development
Moratorium (Ordinance No. 1570), and thus the applicants would be
precluded from filing an application for the redevelopment of this
property for at least one additional year.
Moreover, the Santa
Monica zoning Ordinance has reduced the allowable height and floor
area ratio ("FAR") for this property below the levels approved by
the Commission in DR No. 454, which the applicants relied upon in
purchasing this property last year. It would be grossly unfair for
the applicants to lose their entire investment in this property
given their diligent pursult, through the present, of a building
permit for this project.
Sincerely,
C-~~ \" \~ ""~
Christopher M. Harding
of LAh~ENCE & HARDING
a Professional Corporation
cc: Paul Berlant, Director, Land Use and Transportation Management
D. Kenyon Webster, Principal Planner
David Martin
Frank Damavandi
Rick Solberg 1mltrc17.786