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SR-12-A (5) L/tJ '2- oo~ (~.A MAYl 3 "-6 cjED:RAS:SF:KR:nh Councll Mtg: May 13, 1986 Santa Monlca, CaIlfornla l2.-A HAY 2 7 1)86 TO: Mayor and Clty Councll FROM: Clty Staff SUBJECT: Appeal of Planning COlnmisslon Declsion Approving Conditlonal Use Permlt 413, Tentatlve Tract Map 44039, 1024 Bay Street. Appllcant: Grant Wada. Appellants: Grant Wada, Dana Perry, Glen Small; Paul M. Van Arsdell Jr., Barbara Wl1tzen, H. Allen Evans. INTRODUCTION The purpose of thlS report 15 to provlde the Cl ty Council Wl th lnformatlon pertalning to the appeal of the Planning Commisslon's approval to remove a s~ngle famlly home and permit constructlon of a SlX unlt condomlnium. BACKGROL'ND On Aprll 7, 1986, followlng a public hearing, Plannlng Commlssloners on a four to zero vote approved Tentatlve Tract Map 44039, Conditlonal Use Permit 413, for the removal of a single famlly home and construction of a SlX unit condominlum at 1024 Bay Street subJect to the findlngs and condi tlons noted 1n the staff report, as dmended ln the Statement of Offlclal Act1on. Appeals of the Planning CommlSSlon determlnatlon have been separately flIed by the proJect appllcants, Grant Wada, Dana Perry and Glen Small and by three lnterested partles Paul M. Van Arsdell, Jr. , Barbara W1I tzen and H. Allen Evans. The appI1cants I appeal concerns the PIannlng Comm1ssion' s conal tlon - 1 - l2 -A MAY 1 3 19Bfi l2. -A HAY % i 1981 requlrlng the ellmlnatlon of the upper level roof garden. Mr. Van Arsdell's basls of appeal is that the opponents of the proJect were not given ample opportunlty to reVlew the staff report prlor to the hearing and express thelr concerns to the Plannlng Commlsslon, that the appllcatlon before the Plannlng Commisslon was lnvalld 1n that the appllcatlon fee was walved, that the Plannlng Commlssion dld not accept the opponents request to contlnue the hearlng pending the outcome of further ]UdlClal proceedlngs on the applicant's flrst appllcation and that the proJect is lnconslstent wLth the Munlclpal Code and General Plan. ANALYSIS As proposed, the proJect lS conslstent with the Municipal Code, ln conforml ty WL th the denSl ty and urban design pol1cies of the Land Use Element, meets the incluslonary houslng requlrements of the Housing Element and lS in conformance Wl th Government Code Sectlon 65915. In approvlng the proJect, the Planning CommlSSlon requlred the ellmlnatlon of the roof garden above the mezzanlne level. Thls requlrement was lmposed in response to a concern from the ne1ghbors who ind1cated that the roof garden would negatlvely lmpdct thelr prlvacy. Opponents of the proJect have raised concerns regarding the amount of tlme they were glven to reVlew the Planning COmmlSSlon staff report. The staff report was avallable to the public at B: 00 a .m. Thursday Aprll 3, 1986 followlng the dell very to the Plannlng Corrmissloners on Wednesday Aprll 2, 1986. Planning staff recelved wrltten Opposltlon from the neighbors on Frlday, - 2 - April 4. 1986. Th~s ~nformat~on was made available to the Plann~ng Commlssioners at thelr meeting on Monday. Apr~l 7. 1986. The opponents also expressed concern about the valldi ty of th1S appl1cat10n for a Tentative Tract Map and Cond1t10nal Use Permit because the f~l~ng fee was wa1ved. In that the C1ty was a party 1n the legal Judgement regard1ng the 1nterpretation of the density bonus provis1ons applicable to the appl1cant's f1rst appl1cation wh~ch therefore resul ted ~n a slgnif~cant delay of the proJect. the fee was wa1ved for the new appl1cation. Durlng the publ1C hear1ng on Aprl1 7. 1986 the opponents of the prOJect requested that the Plann1ng Comm~sslon cont1nUe the hear~ng and delay cons~derat~on of the appl1cation unt11 a decision 15 rendered on Mr. Wada's appeal of the prev10us application now pend1ng 1n the Los Angeles County Super10r Court. The opponents also 1ncluded this request in a letter to Chair Perlman. dated February 25. 1986 (Attachment E) and 1n wr1tten test1mony to the Plann1ng Comm1s51on dated April 3. 1986 (Attachment F). The C1ty Attorney has advised Planning staff that the legal act10n pend1ng does not compel the Plann1ng Commiss10n to defer 1tS decision on the present appl1cation. As 1nd1cated 1n the Apn..l 7. 1986 staff report (Attachment A). the proposed proJect lS cons1stent W1 th the Mun1c1pa1 Code and w1th the pollc1es and obJect1ves of the Land Use Element. In approv1ng the proJect, the Plann1ng CommlSS10n approved f1ndlngs and cond1t10ns as amended 1n the Statement of Off1c1al Act10n (Attachment D) to support the proJect's conslstency. - 3 - CITY COUNCIL AUTHORITY Under the provlsions of 9148C (SMMC) and Section 9366 (SMMC) the City Counell may afflrm, reverse or modlfy any determlnation of the Planning CommlSSlon in regard to a Condltlonal Use Permlt and ~entatlve Tract Map and the declslon of the Clty Council shall be final. In approvl.ng an applicatlon the Councll on appeal must make approprlate flndings and may add condl tlons necessary to protect the publlc welfare. BUDGET/FISCAL IMPACT The recomwendations presented In this report do not have a budget/flscal lmpact. RECOMNEKDATION Staff respectfully recommends that the Clty Council deny both appeals and affirm the decl.sl.on of the Plannlng Commission adoptlng the flndings and condl tlons contalned In the Aprll 7, 1986 staff report, as amended and approved by the Plannlng CommlSSlon on Aprll 7, 1986 as ltS own. Prepared by: R. Ann Slracusa, Dlrector of Plannlng Suzanne Frick, Actlng princlpal Planner Karen Rosenberg, Assoclate Planner Clty Plannlng DlVlSlon COlnmunl ty and EconomlC Development Department Attachments: A. Staff Report to Planning Commlsslon, Aprll 7, 1986. B. Letter of Appeal, Grant Wada, Dana Perry, Glen Small, A.I.A. C. Letter of Appeal, and support materlal SUbrnlttea by Paul M. Van Arsdell, Jr., Barbara Wlltzen, H. Allen EVans. (InCluded in April 22, 1986 City Council Packet) D. Statement of Offlclal Actlon. - 4 - E. February 25, 1986 Correspondence from Paul M. Van Arsdell, Jr. to Chairperson Penny Perlman. F. Apr~l 3, 1986 Correspondence from Paul M. Van Arsdell, Jr. to Planning Cornrn~ssioners. [Note: The proJect f~le contains numerous letters and other correspondence about th~s proJect, all of WhlCh will be ava~lable for Counc~l's inspection dur~ng the hearing on this ~tem.J KR:nh CCCUP413 5-1-86 - 5 - 8XHlpl\ A- CITY PLANNING DIVISION Community and Economic Development Department M E M 0 RAN DUM DATE: Apr1l 7, 1986 TO: The Honorable Plann1ng Commission FROM: R. Ann Siracusa, Director of Planning SUBJECT: Tentat~ve Tract Map 44039, Condit1onal Use Perm~t 413, To Perm1 t the Removal of a Single Family Horne and the Construction of a S1X Unit Condom1n1um. Address: 1024 Bay Street App11cant: Grant Wada SITE LOCATION AND DESCRIPTION SubJect property 1S a 6,500 sq.ft. parcel located on the south side of Bay Street between 10th and 11th Streets. Surrounding uses consist of s1ngle fam1ly homes to the north across Bay Street (R2), single fam1ly and multi-family res1dential bU1ld~ngs to the south across the alley (R2), a two story 5-un~t condomini- um to the east (R2) and a s10g1e story mult~-unit res~dential complex to the west (R2). Zoning D1strict: R2 Land Use D1str1ct: Low Density Res1dent1al Parcel Area: 50' x 130' = 6500 sq. ft. PROPOSED PROJECT The proposal ~s for a Tentative Tract Map and a Conditional Use Permit for a s~x unit, two story condominium to replace a s1ngle farn11y home. One inclus10nary unit, wh1ch will be affordable to low income persons w11l be prov1ded. A total of 12 park1ng spaces w1ll be prov1ded 1n a subterranean garage w1th access from the alley. The Rent Control Board has issued a removal permit for th~ existing s~ngle family home. EX1st1ng Square Footage: 1,100 sq.ft. Number of Units EX1st1ng: 1 S~ngle Fam11y Horne Proposed Square Footage: 7,848 sq.ft. NUmber of Un~ts Proposed: 6 - 1 - MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed proJect lS consistent wlth the Municipal Code and ln conformity wlth the General Plan as shown in Attachment A. CEQA STATUS ThlS proJect lS categorically exempt from the prov~slons of CEQA, City of Santa Monica Gu~delines for Implementation (Class 3(4)). FEES This proJect is subJect to a Condomlnium tax of $1,000 per unlt and a Recreation and Parks (Quimby) fee of $200 per unit. BACKGROUND On June 17, 1985 following a publ~c hear~ng, the Plannlng CommlS- sian approved TTM 44039, CUP 385 for the removal of the slngle family home and constructlon of a two-story six unlt condominlum wlth one inclusionary unlt affordable to persons of moderate in- come on th~s slte. Subsequently, on June 26, 1985, Mr. Paul M. Van Arsdell and Mr. H. Allen Evans appealed the Planning Commis- sion' s determlnat~on. On August L 1985, followlng a public hear lng, the Cl ty Councl1 denied the appeal and aff~rmed the decls~on of the Planning Conunlsslon. The Council adopted the findings and cond~t~ons contained ~n the June 17, 1985 staff re- port as amended and approved by the Planning Conunlssion on June 17, 1985. On August 21, 1985 the Architectural ReVlew Board ap- proved the proJect on consent calendar. Hav~ng exhausted all thelr administratlve remedles, Mr. Van Ars- dell flIed SUlt in Los Angeles County Superior Court against the City of Santa I>Ionlca. The laWSUl t was filed on the basls that the City had lncorrectly applled the densl ty bonus provision on th~s proJect under Government Code Section 65915. On December 16, 1985 the court ruled that a 25% density bonus under Govern- ment Code Sect~on 65915 is only applicable to projects of 5 or more dwelling unlts where a full 25% of the units wlll be made affordable to persons of low to moderate lncome. Therefore, two units would have had to have been deslgnated to persons of low to moderate income ln order for a density bonus to apply in th~s particular proJect. Under Government Code Section 65915, a developer ~s also entitled to a 25% density bonus if 10% of the units are made affordable to persons of low lncome. This appl~es to hous~ng developments of f~ve or more dwelling un~ts. Using thlS provision, the applicant has ref~led his appl~cat~on for a six unlt condom~nLum with one unl t designated affordable to persons of low income. Therefore as subm~tted, this proJect meets both Program 12'8 requlrements and the density bonus prov~s~on under Government Code Section 65915. - 2 - CONCLUSION The overall des~gn of the proJect and number of units has not been altered since ~t was approved by the P1ann1ng Commisslon on June 17, 1985 and by the Arch1tectural ReV1ew Board on August 21, 1985. As proposed, the proJect appears to be compatible with the variety of arch~ tectural styles found ~n the surrounding ne~gh- borhood. A variety of setbacks, landscaped areas and a pedestr~an seat~ng area are prov1ded. A total of twelve park~ng spaces are prov1ded 1n a subterranean garage with access from the alley. The parking and cLrculat10n plan has been approved by the Traffic Engineer. RECOMMENDATION Plann1ng staff recommends that the Planning Cornm1ssion approve Tentat1ve Tract Map 44039 and Cond~t~onal Use Permit 413 sUbJect to the follow1ng flndings and cond1tlons. TENTATIVE TRACT MAP FINDINGS 1. The proposed subd1v~slon, together w1th its prov~slon for ~ts design and lmprovements, 1S cons~stent w~th applicable general and specific plans as adopted by the City of Santa Monica, specifically the dens~ty and urban design pol~c1es of the Land Use Element, the C1rculation pol~cles of the Circulat10n Element and the inclusionary housing requ~re- ment of the Hous~ng Element. 2. The site is phys1cal1y suitable for the proposed type of development in that the proJect w1l1 be developed 1n ac- cordance Wl th the Land Use Element densl ty standards and Municipal Code property development standards of the R2 zone. 3. The site is physically SUl table for the proposed dens1 ty of development ~n that six unlts including one inclusion- ary unit wl1l be provided in accordance with the Land Use Element density standards of the R2 zone, Program 12 of the Houslng Element and the State's density bonus provl- Slon under Government Code Sectlon 65915. 4. The deslgn of the subd~vls~on or the proposed lmprovements w111 not cause substantial env1ronmental damage or sub- stantlally and avoldably injure flSh or w11dl~fe or thelr hab1tat in that the condominium project is categorically exempt from CEQA. 5. The des1gn of the subd~v~slon or the type of improvement WLll not cause serious publlC health problems in that the proposed proJect lS a condominium proJect tYPlcal of development ln the neighborhood. 6. The deslgn of the subdivision or the type of 1mprovements will not conflict with easements, acquired by the public - 3 - at large, for access through, the proposed subd1V1S1on in condominium. or use of, tha t the property within proJect is a CONDITIONAL USE PERMIT FINDINGS 1. The proposed use and location are in accordance w1th good zoning pract1ce, in the publ1C interest and necessary that substantial justice be done in that a mult1ple family res1dent1al condominium is typical of the k1nd of develop- ment in the ne1ghborhood and 1S a permitted use 1n the R2 zone. 2. The proposed use 1S compat1ble with eXlsting and potential uses within the general area, traff1c or park1ng conges- tion will not result, the publ1C health, safety and general welfare are protected and no harm to adjacent propert1es will result in that 12 parklng spaces are pro- vlded on slte in a common subterranean garage with access from the alley. CONDITIONS OF APPROVAL I. Plans for flnal design and landscaping shall be subJect to reVlew and approval by the Architectural Review Board. 2. The Architectural ReVlew Board, ln the1r reVlew, shall pay partlcular attentlon to the project' s landscape and lr- r1gat1on plan, particularly for the roof deck, vin1ng on the building, proposed balcony and window treatment and the articulatlon of the north and south elevations facing Bay street and the alley respectlvely. 3. Minor amendments to the plans shall be subject to approval by the Dlrector of Plann1ng. An lncrease of more than 10% of the square footage or a slgn1ficant change in the ap- proved concept shall be SUbJect to Planning Commisslon Review. Construction shall be in substantlal conformance with the plans submitted or as mOdlf3.ed by the Plannlng Commission. Architectural Review Board or Director of Plann3.ng. 4. The appl1cant shall comply with all legal requirements regarding prov1s1ons for the disabled, lncluding those set forth in the Californla Administrat1ve Code, Title 24, Part 2. 5. Flnal parking lot layout and speclflcations which shall be subJect to the review and approval of the parking and Trafflc Englneer. 6. ProJect des1gn shall comply w1th the bUlldlng energy reg- ulatlons set forth in the Callfornia Admlnistrative Code, Tltle 24, Part 2, (Energy Conservation Standards for New Resldential BUlldlngs), such conformance to be verif3.ed by - 4 - the BUlldlng and Safety D1V1Slon prior to lssuance of a BUllding Permit. 7. An openable window or openable skylight shall be provided in at least one bathroom in each un1t. The project shall provlde adequate natural 11ght 1n the kitchen. 8. Street trees shall be ma1ntalned, relocated or provided as requlred in a manner consistent with the City's Tree Code (Ord. 1242 CCS', per the speclflcations of the Department of Recreat10n and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 9. The existing drl veway and apron, shall be removed and the eXlstlng standard curb and gutter per the Department of General Services. located on Bay Street curb cut replaced wIth speclfications of the 10. Any outdoor llghtlng shall be shIelded and/or dIrected away from ad Jacent resident1.al properties, with any such lightIng not to exceed 0.5 foot candles of 11lumlnation beyond the perimeter of the subJect property. TENTATIVE TRACT MAP CONDITIONS I. All off SIte Improvements required by the Clty Engineer shall be lnstalled. Plans and specificatIons for off SIte Improvements shall be prepared by a reglstered CiVl1 en- gineer and approved by the CIty EngIneer. 2. Before the City Englneer may approve the final map, a sub- di VIS10n lmprovement agreement for all off 51 te improve- ments requlred by the C1ty Eng1neer shall be prepared and a performance bond posted through the CIty Attorney's offlce. 3. The tentatIve map shall expIre 24 months after approval, except as provlded ln the prOVIsions of CalifornIa Govern- ment Code Sectlon 66452.6 and Sectlons 9380-9382 of the Santa Monica Municlpal Code. DurIng thIS tIme period the flnal map shall be presented to the CIty of Santa Monlca for approval. 4. The rights granted hereln through approval of a condItIon- al use permIt shall be effectl ve only when exercised ln connectlon with Tentat1ve Tract Map 44039. 5. The developer shall provide the Englneering Department of the City of Santa Monlca wIth one Dlzal Cloth prlnt reproductlon and microfilm of each sheet of the flnal map after recordatlon. 6. Prlor to approval of the final map, Condomlnium Assoc1a- tlon By-Laws (if appllcable) and a Declaratlon of CC & R's shall be revlewed and approved by the Clty Attorney. The - 5 - CC & R's shall contain a nondiscriminat~on clause as pres- ented in Sect~on 9392 (SMMC) and conta~n such provis~ons as are required by Sect~on 9l22E (SMMC). 7. Payment of the Condominium Tax of $1, 000 per unl- t and Qu~mby fee of $200 per unl-t shall be required pr~or to the issuance of building perm~ts. INCLUSIONARY UNIT CONDITIONS 1. The developer shall covenant and agree with the Cl-ty of Santa Monica to the spec~fl-c terms, condl-tl-ons and restrictl-ons upon the possess~on, use and enjoyment of the sUbJect property, WhlCh terms, conditlons and restrlctlons shall be recorded with the Los Angeles County Recorder's office as a part of the deeds and Covenants, Condl tions and Restrictions of Tract 44039, to ensure that one af- fordable un~ t ~s prov~ded and ma~ntained over time and through subsequent sales of the property. An affordable unl t shall be deflned as being affordable to households Wl- th l.ncomes not exceed~ng 80% of the (HUD) Los Angeles County medl-an l-ncome, expend~ng not over 25% of monthly income on hous~ng costs, as specl-f~ed by the Santa Monica Houslng Authorlty. This agreement shall be executed and recorded pr~or to the issuance of bu~ld~ng perm~ts. Such agreement shall specl-- fy 1) respons~b~l~ ties of the developer for making the un~ t avallable to potential buyers and coordinating that process with the Cl ty of Santa Monica Houslng Author 1 ty, and 2) responslblll tles of the City of Santa Monl-ca to prepare application forms for potential buyers, establ~sh crl-ter~a for qualifl-cat~ons, rev~ew appll-cat~ons and pro- v~de el~g~ble applicants to the developer, and enforce the prOVl.S10nS of the agreement. Prepared by: Karen Rosenberg Asslstant Planner CUP413 KR:nh 4-2-86 - 6 - Category permi t ted use Height Setbacks ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFO~IANCE Munic~pal Code 1 un~t per 1250 sq.ft. of lot area (would permit 6 un~ts per Sect~ons 910883a and 9132 (SMMC) 2 stor~es, 30' Sideyard 5' Front yard 20' Rearyard Park~ng Lot Coverage IS' 12 park~ng spaces requ~red Land Use Element 1 un~t per 1500 sq. ft. of lot area (would permi t 5 un~ts) 2 stories, 30' 20' 5' IS' 12 parking spaces required Draft Code 1 unit per 1500 sq. ft. of lot area (would perm~t 5 units) 2 stor~es, 30' 20' 7' 15' 13 park~ng spaces requ~red (~ncludes 1 V~Sl.tor space) ProJect 5 units plus one inclusl.onary un~t per density bonus provisl.on 6 units 2 stories, 33 . 2' to top of parapet (29.6' to parapet) 20' west s~deyard ranges from 5'8" - II' 9" east sl.deyard ranges from 6'2" - 7'10" 16' 5 1/4" 12 parking spaces prov~ded 60% maXl.mum 60% maximum 50% max~mum 52% lot coverage lot coverage lot coverage - 7 - e i''''R 1 - ;c>;, "' ~6 ~7S.o0 p~ '/-//" fee. 6"18911-0 fXt+IlSIT 6 APRIL 10, 1986 DIRECTOR OF CITY PLANNING CITY OF SANTA MOO ICA CITY HALL 1695 MAIN STREET SANTA MONICA, CA 90406 RE: C.U.P 413, T.T. 44039, 1024 BAY STREET COMPLAINT APPEALING PLANNING COMMISSION CONDITION ELIMINATING ROOF GARDENS DEAR DIRECTOR, IN ACCORDANCE WITH THE DIRECTIONS OF THE CITY PLANNING DEPARTMENT WE ARE WRITING THIS LETTER 'ID COMPLAIN THE SPOT DECISION OF THE PLANNING COMMISSION (PUBLIC HEARING APRIL 7, 1986) TO ELIMINATE THE PRIVATE ROOF GARDENS AT 1024 BAY STREET, AND ASK 'llIAT THIS MATTER BE SET FOR POBLIC HEARING AS SOON AS POSSIBLE. WE ASK THAT THE CCNDITIOO 'ill ELIMINATE THE ROOF GARDENS BE REVERSED, BASED ON THE INDEPENDmT GROUNDS DISCUSSED BELOW: 1. ROOF GARDENS PROVIDE THE LAWFUL OPPORTUNITY FOR CONDOMINIUM RESIDENTS 'IO ENJOY AN INTIMACY WITH THE SOIL--WITH ALL ITS FRUITS AND BLOOMS, AND THE MYSTERIES OF REGENERATION--ON A SCALE AND IN PRIVATE LOCATIONS TRADITIOOALLY UNAVAILABLE 'IO RESIDENTS OF MULTI-UNIT tWELLINGS. WE HAD HOPED THAT THE CITY OF S~ MONICA WOULD ENTHUSIASTICALLY WELCOME AND EN- COURAGE SUCH ECOLOGICAL CONTRIBUTIONS. 2. THE DESIGN OF THE PRWECT UNIQUELY AND STYLISHLY EXPRESSES A NUMBER OF IMPORTANT ECOLOGICAL CONCERNS. PLEASE SEE ATTACHED LE'PI'ER ro PLANNING COMISSION CHAIRPERSON, MS. PENNY PEARLMAN, FROM GLEN SMALL, AlA. THE ROOF GARDEN, ALONGSIDE THE GENERAL SOLAR ORIENTATION AND THE MEZZANINE "VOID," PROVIDE A NATURAL SAFEGUARD AGAINST FUTURE IMPACTS FROM MULTI-LEVEL DEVELOPMENTS TO THE WEST: RESIDENTS WILL ALWAYS HAVE PLENTY OF SUNLIGHT, FRESH AIR, e e AND UNOBSTRUCTED VISTAS ATOP THEIR ROOF GARDENS. ROOF GARDENS PROVIDE A SPECIAL PRIVATE PLACE--OUTDOORS--FOR CONTEMPLATION, RELAXATION, ETC., A RETREAT FROM THE MADDENING CROWD--AND THE TELEVISION SET. 3. THE ROOF GARDEN HAS BEEN AN INTEGRAL DESIGN FEATURE OF THE PROJECT FROM OUR FIRST MEETINGS WITH THE PLANNING DEPT. MORE THAN A YEAR AND A HALF AGO, AND HAS FIGURED PROMINENTLY IN THE OVERALL BUSINESS PLAN OF THE PROJECT--ESPECIALLY IN ITS APPEAL 'ID POTmTIAL BUYERS. 4. OUR PROJECT DES IGN WAS APPROITED-- INTACT--BY THE PLANN ING COM- MISSION (C.U.P. 385, T.T. 44039) AFTER A PUBLIC HEARING ON JUNE 17, 1985. SUBSEQUENTLY, MR. PAUL VAN ARSDELL JR. AND MR. H. ALLEN EVANS APPEALED THIS DECISION TO THE CITY COUNCIL. AFTER A PUBLIC HEARING (I\j AUGUST 1, 1985, THE CITY COUNCIL UNANIJoK)USLY DmIED THE APPEAL AND UPHELD THE PLANNING COM- MISSION'S DECISION. ON AUGUST 21, 1985 THE ARCHITECTUAL REV IEW BOARD APPROVED THE PROJECT CN THE CONSENT CALENDAR. S. THE PLANNING STAFF REPORl' HAS CONSISTENTLY ROCOMMENDED APPROlJAL OF THE PROJECT DESIGN--ROOF GARDENS INTACT--BEFORE THE PLANNING COMMISSION, CITY COUNCIL, AND ARCHITECTURAL REVIEW BOIUUJ, AND AGAIN RECOMMmDED APPROVAL--ROOF GARDENS INTACT--AT THE RECWT PUBLIC HEARING BEFORE THE PLANNING COMMISSION (I\j APRIL 7, 1986. 6. AT THE RECENT PUBLIC HEARING APR1L 7, 1986, OUR PROJECT CAME UP FOR DISCUSSICN AT ABOUT 12:30 A.M., APRIL 8, BEFORE A TRUNCATED COMMISSION (THREE COMMISSIONERS LEFT EARLIER). COMMISSION CHAIRPERSON PENNY PEARLMAN CALLED FOR A VOTE '10 APPROVE THE PRO- JECT AT ABOUT 1:15 A.M.--ADDING THE CONDITION THAT THE ROOF GAR- DENS BE ELIMINATED. WE FEEL THAT THIS CCNDITION WAS SLAPPED ON OUT-OF-THE-BLUE WITH NO DISCUSSION AMONGST THE COMMISSIONERS AND NO DISCUSSION BE'lWEEN THE COMMISSIONERS AND THE PUBLIC. UNFORTUNATELY, AT'IORNEY VAN ARSDELL JR. DRAGGED THE CITY ALOOG WITH OUR 1024 BAY STREET PROJECT INW THE LOS ANGELES SUPERIOR COURT LAST YEAR, CLAIMING THAT THE CITY IMPROPERLY NOTIFIED RESI- DENTS OF THE CITY COUNCIL APPEAL HEARING, AND ALSO, iHAT THE CITY MISINTERPRETED THE STATE STA'roTE COOCERNING "DENSITY BCNUSES. n AS A RESULT, WE HAD ro START AGAIN FROM SQUARE ONE AND RESUBMIT A NEW APPLICATION, CHANGING THE INCLUSIONARY UNIT, "AFFORDABLE ro FAMILIES OF LCM TO MODERATE INCOME," TO ONE "AFFORDABLE TO FAMILIES OF LCM INCOME." IN ANY CASE, OUR REVISED APPLICATION FEA'lURES A BUILDING DESIGN VIRTUALLY IDENTICAL ro THE PREVIOUS ONE. e e WE ARE EXCEEDINGLY PROUD OF OUR l?ROJECT~ WE BELIEVE THAT IT HONEST- LY EXPRESSES 'lllE SOCIa-ENVIRONMENTAL CCNCERNS AND IDEALS TIlAT HAVE INSPIRED AND MOTIVATED US FROM THE BEXiINNING: WE BELIEVE THAT IT'S UNIQUELY CARING AND HUMANE, STYLISH, CHEERFUL AND SPORTY, THAT IT IT EXUBERANTLY ACCOMODATES AND BECOMES OUR CITY I S OUTDOOR, SEA? IDE OUR PROJEC'r ENHANCES THE REAL PRQPERrY VALUES AND THE GENERAL AES- THETIC OF THE NEIGHBORHOOD. LASTLY, FROM DAY ONE WE HAVE CCNSISTENTLY FOLLCMED THE CITY I S EVERY GUIDELINE AND SUGGESTION. WE HAVE BEEN PATIENT BEYOND WORDS THROUGHOUT THE ABSURD, COSTLY, EMBARRASSING LmAL IMBROGLIO MEN- TIONED ABOVE. PLEASE 'mY AND UNDERSTAND HOW INDIGNANT AND APPN.J.JID WE FEEL AT 'lllIS TIME, WITH '!HIS LAST DEALING BY THE PLANNING COM- MISSION. WE NOW HUMBLY ASK THAT YOU OONSIDER THIS MA'I"1'ER RESPONSI- BLY AND CONSIST~T WITH mE CITY I S OWN RECORD. RE:JLLY SUBMITTED, -- . 'h.' ------ ----;~-~, i G..BANT WADA '------I024 BAY STREET ~7A_~~ DANA PERRY ,/ 1024 BAY S'lREET ARCHITECT I . GLEN $I'fA!.l. liMA ARCHITECT ~.SSfJCIAYES /20 THORNTON _ VENICE, CA 9029/ 399-42:52 AprIl B, 19B6 CIty of Santa MOnica Plannmg CommIssIOn ChaIrwoman Ms Penny Pearlman 510 18th Street Santa MOnica, CA 90402 Re Plannmg CommIssIon Meeting - Apnl 7, 1986 Decls10n regardmg Agenda Item 7D - 1024 Bay Street.. Dear Ms Pearlman, I want to take tins opportunlty to thank you and the CommisSIon for your tlme and patience in hearing this case and for voting to approve the 1024 Bay Street project The point of thiS letter 1S to question the last minute change you made to remove the garden roof deck Being the Plannlng Commission member that proposed thIS deSIgn change at the very last minute, you have destroyed the best ldea of thIS project. There was no recourse nor discussIon before you voted to remove the most innovative ecological item to hit the Santa MonIca roof scape since underground hOOk-Ups. No time was made avallable to make known the extenslve drip Irrigation system throughOut the project Irlcludlng the roof garden area that was deleted last night The ldea 15 so simple, and has the chance to brlOg greenery to the roofs of Santa MonICa I recently returned from Mex1co City where 1 stayed m a hotel wlth a garden roof complete With extensIve grass and plants It was delightful I personally have been encouraging ecologIcal concerns for 20 years I deSigned the integrated, ecological, low Income housing project for the CIty of Los Angeles called the Green Machine. The CIty of Los Angeles has a model of mine In the fifth floor lobby of City Hall called Turf Town The whOle concept is to step hlgh rlse development within a solar envelope and to put terraced gardens on all roofs In the 1024 Bay Street project we were trying, very hard, With the garden roof to brmg about token replacement of the natural ground plane on the roof The roof garden was really takmg condommlums and bringing a positive enviornmental dimension to them. The idea of using the roof as a deck IS so obv\ous The French architect, LeCortlus\er, made It popular With the Modern Movement of contemporary archItecture, but It has been popular WIth mId-eastern cultures for centuries. As land becomes less available, the roof is the obvious place to put a garden or planted area ~. , Apnl8, 1986 Page 2 e e In reference to the parapet and railing, refer to your own code per the attached. The Id~a of viewmg from a roof deck eight feet hIgher or lower, wlthm the gIven heIght restrictIOns that thIs project conforms to, IS inconsequentIal unless you are so inclined to elIminate all Windows and decks that vIew onto any nelghbor(s). Usmg the total roof area IS Important here, gIVen that roof access IS still required for the mechanical equIpment located on the roof. I was shocked that after our scheme had been approved by your own Planning CommIssion, City Counel and Architectural ReVIew Board last year, that you could so hastily undo so much good. I feel you are a good person that has made a hasty declslon As J grow older, and confront so much negatIvism & Op'posltlon to positive, productwe Ideas by people WIth a reasonable amount of mtelllgence, my hopes for progresslVe change are dimmed. Can you please Inform me how your unfortunate deCISIon regardmg thiS matter can be rectIfIed? S me ere Iy, Glen Small AlA cc. Ed KIrshner ! 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NUMBER: TTM 44039, CUP 413 LOCATION: 1024 Bay Street APPLICANT: Grant Wada REQUEST: To Per~~t the Re~oval of a S~ngle Fa~ily Ho~e and the Construction of a Six Unit Condo~iniu~. PLANKING COMMISSION ACTION: 4-7-86 Date. x Approved based on the fOllowing findings and subJect to the condit~ons below. Denied. Other. TENTATIVE TRACT MAP FINDINGS 1. The proposed subd~v1s~on, together w1th its prov~sion for 1ts des1gn and ~~prove~ents, ~s conslstent with appllcab1e general and specific plans as adopted by the City of Santa Mon1ca, speclfically the density and urban design policles of the Land Use Ele~ent, the c1rcu1at1on policies of the Circulatlon E1e~ent and the ~ncluslonary hous~ng require- ~ent of the Haus1ng Ele~ent. 2. The slte 1S phys1cally sUltable for the proposed type of develop'Uent 1n that the proJect w1ll be developed 1n ac- cordance wlth the Land Use Ele~ent denslty standards and Mun1C1pal Code property develop~ent standards of the R2 zone. 3. The site lS physlcally suitable for the proposed density of develop~en~ 1n that six un1ts including one inclusion- ~ry un1t wlll be prov1ded In accordance w1th the Land Use Ele'Uent dens~ty standards of the R2 zone, Progra'U 12 of the Hous~ng Ele'Uent and the State I s denslty bonus prav~- sion under Govern~ent Code Sect10n 65915. 4. The des1gn of the subd~vision or the proposed i'Uprove~ents will not cause substant~a1 environ'Uental da~age or sub- stant~ally and avo~dably inJure fish or w~ldlife or the1r - 1 - . . habitat in that the condo~lnlu~ proJect is categorlcally exe~pt fro~ CEQA. 5. The deslgn of the subdlvision or the type of will not cause serlOUS publlC health proble~s proposed proJect is a condO~lnlU~ proJect develop~ent 1n the ne1ghborhood. l~prove~ent ln that the tYPlcal of 6. The design of the subdivislon or the type of i~prove~ents wlll not confl1ct wlth ease~ents, acq,-ured by the publlC at large, for access through, or use of, property within the proposed subdlvlslon In that the proJect is a condo~inlu'll. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use and locatlon are In accordance with good zoning practlce, in the publlC lnterest and necessary that substantlal justlce be done in that a ~ultlple fa~ily residential condo~inlu~ lS tYPlcal of the kind of develop- ~ent In the nelghborhood and lS a per~ltted use in the R2 zone. 2+ The proposed use is co~patible with existlng and potentlal uses wlthln the general area, traffic or parklng conges- tlon wlll not result, the publlC health, safety and general welfare are protected and no har~ to adjacent propertles wlll result ln that 12 parklng spaces are pro- vlded on slte In a co~~on subterranean garage wlth access fro~ the alley. CONDITIONS OF APPROVAL 1. Plans for flnal design and landscaplng shall be subJect to revlew and approval by the Architectural ReVlew Board. 2. The Archltectural Review Board, 1n thelr reVlew, shall pay partlcular attentlon to the project's landscape and lr- rigation plan, partlcularly for the roof deck, vlning on the b'.uldlng, proposed balcony and window treat~ent and the artlculatlon of the north and south elevatlons facing Bay street and the alley respectively. 3. Plans for flnal design shall include the deletion of the upper roof deck above the ~ezzan1ne level. 4. Mlnor a~end~ents to the plans shall be subJect to approval by the Dlrector of Planning. An lncrease of 'IIore than 10% of the square footage or a slgnlficant change In the ap- proved concept shall be subject to Plannlng CO~~lSSlon ReVlew. Constructlon shall be In substantlal confor~ance wlth the plans Sub~ltted or as ~odifled by the Plannlng CO~~lsslon, Archltectural ReVlew Board or Dlrector of Plannlng. - 2 - . . 5. The applicant shall c01J1ply w1th all legal requ1re'tlents regard1ng prov1s1ons for the disabled, including those set forth 1n the Callfornla Ad1J1inistratlve Code, Tltle 24, Part 2. 6. Flnal park1ng lot layout and speclflcat10ns Wh1Ch shall be subJect to the review and approval of the Park1ng and Traffic Eng1neer. 7. project des1gn shall co'tlply with the build1ng energy reg- ulat10ns set forth 1n the Cal1fornla Ad'tl1n1strative Code, T1tle 24, Part 2, (Energy Conservation Standards for New Residential BU11dings), such confor1J1ance to be ver1f1ed by the BU11ding and Safety D1V1S10n prior to lssuance of a BU11ding Per'tllt. 8. An openable w1ndow or openable skyllght shall be provided 1n at least one bathroo'tl 1n each un1t. The proJect shall provide adequate natural light 1n the kitchen. 9. Street trees shall be 'tIainta1ned, relocated or provided as requ1red in a 1J1anner consistent w1th the City's Tree Code (Ord. 1242 CCS), per the spec1ficat10ns of the Depart1J1ent of Recreation and Parks and the Depart1J1ent of General Ser- vices. No street tree shall be re1J1oved w1thout the ap- proval of the Depart1J1ent of Recreatlon and Parks. 10. The eX1sting dr1veway and apron, shall be re1J1oved and the eX1st1ng standard curb and gutter per the Depart1J1ent of General SerV1ces. located on Bay Street c1.lrb cut replaced wlth speclficat10ns of the 11. Any outdoor 11ght1ng shall be shielded and/or d1rected away fro1J1 adJacent res1dent1al properties, W1 th any such 11ght1ng not to exceed 0.5 foot candles of illu1J11nat10n beyond the per11J1eter of the subject property. TENTATIVE TRACT MAP CONDITIONS 1. All off slte i'1lprove'1lents requ1red by the C1ty Eng1neer shall be installed. Plans and spec1flcatlons for off 51te i'1lprove'1lents shall be prepared by a reglstered C1Vl1 en- gineer and approved by the C1ty Engineer. 2. Before the C1ty Engineer '1lay approve the final '1lap, a sub- d1vls1on i1J1prove1J1ent agree'TIent for all off slte l'uprove- 'TIents requlred by the C1ty Eng1neer shall be prepared and a perfor1J1ance bond posted through the Clty Attorney's office. 3. The tentative 'TIap shall exp1re 24 '1lonths after approval, except as provided 1n the prov1s10ns of Cal1fornla Govern- '1lent Code Sect10n 66452.6 and Sect10ns 9380-9382 of the Santa Monica MunlC1pal Code. Dur1ng thlS ti1J1e period the final 1J1ap shall be presented to the C1 ty of Santa Monica for approval. - 3 - . . 4. The rlghts granted hereln through approval of a cond~t~on- al 'lse per'llit shall be effect~ve only when exercised ~n connection wlth Tentatlve Tract Map 44039. 5. The developer shall provide the Englneering Depart'llent of the Clty of Santa Monlca wlth one Dizal Cloth print reproductlon and 'lllcrofil'll of each sheet of the flnal 'llap after recordation. 6. Prlor to approval of the flnal 'llap, Condo'llin~u'll Assocla- tlon By-Laws (~f applicable) and a Declarat~on of CC & R's shall be reviewed and approved by the Clty Attorney. The CC & R's shall contain a nond~scr~'llinat~on clause as pres- ented ~n Sect~on 9392 (SMMC) and contain such provis~ons as are requ~red by Section 9l22E (SMMC). 7. Payment of the Condo'lliniu'll Tax of $1,000 per unl t and QU~'llby fee of $200 per un~t shall be requlred pr~or to the issuance of bUllding per'll~ts. INCLUSIONARY UNIT CONDITIONS 1. The developer shall covenant and agree Wl th the Cl ty of Santa Mon~ca to the spec~f~c ter'lls, condltlons and restrlctions upon the possesslon, use and enJoY'llent of the subJect property, which ter'lls, conditions and restrlctions shall be recorded wlth the Los Angeles County Recorder I s offlce as a part of the deeds and Covenants, Condltlons and Restrlctlons of Tract 44039, to ensure that one af- fordable un~ t ~s provided and 'lla~nta~ned over ti'lle and through subsequent sales of the property. An affordable un~ t shall be defined as belng affordable to households with inco'lles not exceedlng 80% of the (BUD) Los Angeles County 'lledian inco'lle, expending not over 25% of 'llonthly inCO'lle on housing costs, as specified by the Santa Monica Houslng Authorlty. This agree'llent shall be executed and recorded prlor to the issuance of bUlldlng per'lllts. Such agree'llent shall speci- fy 1) responSlblll ties of the developer for 'llaklng the unlt avallable to potentlal buyers and coordlnatlng that process with the Clty of Santa Monlca Houslng Authorlty, and 2) responslbllitles of the Clty of Santa Monlca to prepare appllcatlon for'lls for potentlal buyers, establlsh criterla for quallficatlons, reVlew appllcatlons and pro- vlde eliglble appllcants to the developer, and enforce the provlsions of the agree'llent. I hereby certify that this State'llent of accurately reflects the final dete~ination CO'll'llission of the City of Santa Monica. Official Action of the Planning - 4 - stcup413 KR:nh 4-9-86 . . s1gnature date pr1nt na~e and t~tle - 5 - , '\ V \ "' !\ e eXtt1plT ~ e fEB 2. 7 1986 PAUL M VAN ARSCELL. JR S5.S SOLJTr-I ~...OWEj;;! ST~EE~ FO~TY-S:XTr-I F'_OOR LOS ANGEL-ES. CALIFORNIA Ilt0071-~4ee February 25, 1986 Ms. Penny Perlman, Chairperson Plann~ng Commiss~on of the City of Santa Monica c/o Santa Monica Planning Department City Hall 1685 Main Street Santa Monica, California 90401 Re: Second Application of Grant wada T.T. 44039, C.U.P. 413 1024 Bay street, Santa Monica, CA Dear Ms. Perlman: We respectfully request the Planning Commission to defer and stay its consideration of the referenced application until the conclusion of judicial proceedings now being prosecuted by the applicant, Mr. Grant Wada. On February 20, 1986, I learned that Mr. Wada has contested an adverse ruling of the super~or court by pet~tioning the Court of Appeals of the State of California for an order entitling hlm to go forward with his first application (T.T. 44039, C.U.P. 385) to develop the same property addressed by his second application. As you know, The Plann~ng Commission already has ruled favorably on the first applicatlon, and Mr. Wada ultimately seeks the reinstatement of this rUling. Through his counsel, Mr. Wada also has advised me that he intends to prosecute his petltion in the Supreme Court of California and in e e Ms. Penny Perlman February 25, 1986 Page Two the Supreme Court of the United States, if necessary. Thus, Mr. wada has decided voluntarily to go forward with his first application and to contest the adverse ruling by the superior court. Signiflcantly, Mr. Wada has failed to disclose his decislon and the pending judicial proceedings to the Planning Commission. Under these circumstances, it seems entirely improper for Mr. Wada to ask the Planning Commission to adjudlcate the second appllcation while at the same time requiring the courts to ad)udlcate an lnconsistent prior appllcation to develop the same property. The tactics that Mr. Wada is attempting to employ maxlmize the expense to the Plannlng Commission and to the City Council as well as to his neighbors whom he knows oppose his application. These tactlcs also subject the Clty to the risk of inconsistent adJudications. If, for example, the Planning Commission and the City Council approve the pending application and if the courts allow the prior application, which tract map is to be recorded? Which set of restr icti ve covenants belongs in the deed to the inclusionary unlt? Similarly, lf the opposing neighbors or the applicant seeks judicial review of any decisions made on the second appllcation, that reVlew probably will be unavailable until the courts finally resolve Mr. Wada's first application. In shor t, because Mr. Wad a has decided to prosecute the flrst application through the courts, the second application does not present an issue that is ripe for adjudication by the Planning Commission. Indeed, were the Planning Commission to decide to adjudicate the second application, that decision would subject the City and the neighbors who oppose the pending appllcation to irreparable harm in the form of a multiplicity of administrative and )udiclal proceedlngs, the very \ ~"f' e e Ms. Penny Perlman February 25, 1986 Page Three real possibility of inconsistent results, and the unnecessary expend1ture of rather substantial amounts of time and money litigating one battle in two or more adjudicative forums. To assist you and the Planning Commission in dec1ding whether and how to adjudicate the second applIcation, we hereby incorporate by reference all transcripts and written materials filed in connection with Mr. Wada's first application (T.T. 44039, C.U.P. 385), its appeal to the CIty Council, and all subsequent judicial proceedings, includIng those now pending. Copies of these materials are available from the Planning Commission staff and from the office of the City Attorney. By copy of thIs letter to the Planning Director, we hereby request that all these materials be included in the packets prepared for the commissioners. Finally, If the Planning Commission is inclIned not to defer adjudication of the second application (and we agaIn urge that adjudication be deferred), please note that the Secretary of the Planning Commission has provided defective notice of a hearing to be held on March 3, 1986, regardIng the second applicatIon. The notice is defective because It was not published or mailed 1n accordance with the time limits set forth in SectIon 9360 of the Santa Monica Municipal Code and because the explanation given in the notice does not adequately describe or explain the unusual and complex nature of the Issues to be considered. Thank you for your consIderatIon of these issues and for your contInued courtesy. very truly yours, ;L~.d-~,~. Paul M. Van Arsdell, Jr. cc: Jonathan S. Horne, Esq., Deputy City Attorney Ms. Ann Slracusa, Planning Director . . 4 e 8Xtt/plT F- e April 3, 1986 BY PERSONAL DELIVERY Commissioners Planning Commission of the City of Santa Monica City Hall 1685 Main Street Santa Monica, California 90401 Re: Second Application of Grant Wada; T.T. 44039, C.U.P. 413; 1024 Bay Street, Santa Monica, CA Dear Commissioners: The purpose of this letter is to set forth the position of those neighborhood residents who oppose the pending application by Grant Wada to develop the property at 1024 Bay Street. Your file on the development of this pro- perty, which we incorporate by reference, already contains letters and petitions signed by 80 to 100 neighborhood resi- dents who object to Mr. Wada's plan to construct a six-unit condominium on this lot, and this letter summarizes and sup- plements those materials. We ask that at the hearing on April 7, 1986, you make either of two rulings: (1) to continue the hearing, or (2) to deny the application. We ask you to continue the hearing for five inde- pendent reasons: (1) the enactment of the proposed "in-lieu" fee ordinance will accommodate the City's policy of providing housing for persons of low or moderate income and will eliminate the developer's economic need or fi- nancial incentive to burden a five-unit lot with a six- unit condom~nium building; -------- ~ e e Commissioners April 3, 1986 Page 2 (2) the enactment of the proposed comprehen- sive amendment to the zoning ordinance will make the proposed development unlawful; (3) the developer is simultaneously pursuing judicial remedies to reinstate your ruling on his first proposal for development; ( 4) the notice of hearing in the c ircum- stances of this application was legally ineffective; and (5) the staff report on the proposed develop- ment, which restates almost verbatim the report on Mr. Wada's first application, was withheld by staff from opposing neighbors until April 3, 1986, effectively de- priving them of any meaningful opportunity to contest in writing certain serious errors and misstatements of fact and of law contained in the report. If you decide not to continue the hearing and to consider the merits of the application, we ask you to deny the application for the reasons expressed in our opposition to the developer's previous application to develop this lot (See, e.g., Exhibits E and F) and for the additional reason that the density bonus unit sought by the applicant is unlawful in the circumstances of this case. To assist you in understanding our opposition to the application, you will find the following materials as exhibits to this letter: Exhibit A. Peremptory Writ of Mandamus (dated January 23, 1986, directing the Planning Commission to set aside its decision of June 17, 1985, which granted Mr. Wada's first application to construct a six- unit condominium at 1024 Bay Street). Order of the Court of Appeal (dated February 27, 1986, denying Mr. Wada's petition for a writ to reverse the de- cision of the lower court and to rein- state the decision of the Planning Commission) . Exhibit B: Commissioners April 3, 1986 Page 3 Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: e e Letter to Chairperson of Planning Commission (dated February 25, 1986. requesting the Planning Commission not to rule on the pending application until Mr. Wada concludes his judicial prosecu- tion of his first application in the Supreme Court of California and in the Supreme Court of the United States). Summary of Problems and Requested Solu- tions (dated June 17, 1985, summarizing grounds of opposition and proposed solu- tions) . Statement by Opposing Neighbors (dated June 17, 1985, setting forth grounds of opposition to Mr. Wada's first applica- tion) . Letter of November 26, 1985 to City Attorney from Mr. Wada's lawyer (and re- buttal thereto dated November 27. 1985) (purporting to confirm an agreement with the City to enact emergency legislation to permit Mr. Wada to construct a six- unit condominium on his lot by May 26, 1986) . Petition for Writs of Administrative Mandamus, Mandamus, Certiorari and For Injunctive Relief (without Exhibits) (dated September 11, 1985). Thank you for your consideration of these issues and for your continued courtesy. Very truly yours. ~#(. ~ a'.'r.e.e/;) Paul M. Van Arsdell, Jr. ~ LA.I.BAJI .. W.A'IKIR. A!'1'ORNftB ....., LAw Lo. Maa1.a. ."- 1 LATHAM & WATKINS J. Spencer Letts 2 Paul M. Van Arsdell. Jr. 555 South Flower Street 3 Los Angeles, California 90071 4 (213) 485-1234 5 Attorneys for Petitioner Paul M. Van Arsdell, Jr. 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I e SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES PAUL M. VAN ARSDELL, JR., an individual, Petitioner, vs. CITY OF SANTA MONICA. a charter city; CITY COUNCIL OF THE CITY OF SANTA MONICA, an agency of the City of Santa Monica; PLA~~ING COMMISSION OF THE CITY OF SANTA MONICA, an agency of the City of Santa Monica, Respondents. GRANT WADA, an individual, Real Party in Interest. The People of the State of California ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 565 342 PEREMPTORY ~~IT OF MANDAMUS To The City of Santa Monica, a charter city, the City Council of the City of Santa Monica, an agency of the City of Santa Monica, and the Planning Commission of the City of Santa Monica, an agency of the City of Santa Monica, Respondents: LA.nu.. 6; W.l.TIWQI ATTORN.-D A.-I LAw ....0. ANOKU.. ( e e 1 Judgment having been entered in this action, ordering that a peremptory writ of mandamus be issued from this Court, 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 26 27 28 YOU ARE HEREBY COMMANDED immediately on receipt of this writ to set aside your decisions dated August 13, 1985, and June 17, 1985. in the administrative proceedings entitled Application of Grant Wada, T.T. 44039, C.U.P 385, which proceed- ings are hereby remanded to you, and to reconsider your action in light of ~his Court's rulings granting Petitioner's motion for stw-~ary judgment, and to take any further action specially enjoined upon you by law; but nothing in this writ shall limit or control in any way the discretion legally vested in you; and YOU ARE FURTHER CO}~ED to make and file a return to this writ on or before {''p-/-,J c/ . l~ setting forth what - - / you have done to comply. .MH23&i6 FfUlNK s. lOLtN. Oaullb' <<M Clerk ~./.{$. Deputy ;/ t! { YAPKdwlTl Clerk LET THE FOREGOING WRIT ISSUE. ~V,/!il-. /J J JOH~LE Judge of the Superior Court Dated: 2 - ,e IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE GRANT WADA, an individual, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER B018978 (Super.Ct.No. C656342) v. THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, Respondent, ~?r.:fir G~ loP;'::;l . SC:J ,J L IT, l' _ 'i' ;, ri ", l--l d ~ I PAUL VAN ARSDELL, an individual, Real Party in Interest. FEB 2 71986 CLAY ROt;uh~, _ . ~~:..!.. - THE COURT: The petition for writ of mandamus, filed February 19, 1986, has been read and considered. The petition is denied. (Sherwood v. Superior Court (1979) 24 Ca1.3d 183, 186-187.) e e ~AUL M VAN ARSCEL.L.. JR .~'5- 50U"'''' 'LOW'tcr STArr' rOIl:n... Sllll:T.... PLooa 1..0. ANOR:LKS c;ALI"O"NIA .Oo'......ee February 25, 1986 Ms. Penny Perlman, Chairperson Planning CommIssion of the City of Santa Monlca c/o Santa Monica Planning Department Ci ty Hall 1685 Main Street Santa Monica, California 90401 Re: Second Application of Grant Wada T.T. 44039, C.U.P. 413 1024 Bay Street, Santa Monica, CA Dear Ms. Perlman: We respectfully request the Planning Commission to defer and stay its consideration of the referenced application until the conclusion of judicial proceedings now being prosecuted by the applicant, Mr. Grant Wada. On February 20, 1986, I learned that Mr. Wada has contested an adverse ruling of the super lor court by petitioning the Court of Appeals of the State of California for an order entitling him to go forward with his first application (T.T. 44039, C.U.P. 385) to develop the same property addressed by his second application. As you know, The Planning Commission already has ruled favorably on the first application, and Mr. Wada ultimately seeks the reinstatement of this ruling. Through his counsel, Mr. Wada also has adVIsed me that he intends to prosecute his petitIon in the Supreme Court of California and in J- e e Ms. Penny Perlman February 25, 1986 Page TIoIo the Supreme Court of the United States, if necessary. Thus, Mr. Wada has decided voluntarily to go forward with his first application and to contest the adverse rul ing by the super ior cour t. Significantly, Mr. Wada has failed to disclose his decision and the pending judicial proceedings to the Planning Commission. Under these circumstances, it seems entlrely improper for Mr. Wada to ask the Planning Commission to adjudicate the second application while at the same time requiring the courts to adjudicate an inconsistent prior application to develop the same property. The tactics that Mr. Wada is attempting to employ maximize the expense to the Planning Commission and to the City Council as well as to his neighbors whom he knows oppose his application. These tactics also subject the Clty to the risk of inconsistent adjudications. If, for example, the Planning Commission and the City Council approve the pending application and if the courts allow the prior application, which tract map is to be recorded? Which set of restrictive covenants belongs in the deed to the inclusionary unit? Similarly, if the opposing neighbors or the applicant seeks )UdlClal review of any decisions made on the second application, that review probably will be unavailable until the courts flnally resolve Mr. Wada's first application. In short, because Mr. Wada has decided to prosecute the flrst application through the courts, the second application does not present an issue that is ripe for adJudication by the Planning Commission. Indeed, were the Planning Commission to decide to adJudicate the second application, that decislon would subject the City and the neighbors who oppose the pendlng application to irreparable harm in the form of a multiplicity of adminlstrative and Judicial proceedings, the very e e Ms. Penny Perlman February 25, 1986 Page Three real possibility of inconsistent results, and the unnecessary expenditure of rather substantial amounts of time and money litigating one battle in two or more adJudicative forums. To assist you and the Planning Commission in deciding whether and how to adjudicate the second application, we hereby incorporate by reference all transcripts and written materials filed in connection with Mr. Wada's first application (T.T. 44039, C.U.P. 385), its appeal to the City Council, and all subsequent judicial proceedings, including those now pending. Copies of these materials are available from the Planning Commission staff and from the office of the City Attorney. By copy of this letter to the Planning Director, we hereby request that all these materials be included in the packets prepared for the commissioners. Finally, if the Planning Commission is lnclined not to defer adjudication of the second application (and we again urge that adjudication be deferred), please note that the Secretary of the Planning Commission has provlded defective notice of a hearing to be held on March 3, 1966, regarding the second application. The notice is defective because it was not published or malled in accordance with the tlme limits set forth in Sectlon 9360 of the Santa Monica Municipal Code and because the explanation given in the notlce does not adequately describe or explain the unusual and complex nature of the issues to be considered. Thank you for your consideration of these issues and for your contlnued courtesy. Very truly yours, ;Z~IA.?L~,~. Paul M. Van Arsdell, Jr. cc: Jonathan S. Horne, Esq., Deputy Clty Attorney Ms. Ann Siracusa, Planning Dlrector ~ . June 11. 1985 lwaul or nolLlllS .um UQUUDII IOLDrIOU e.v.'. In, 1124 MY IDU1' Problem RD. 1: tbe prope.e' 'evelopaent l' I J-I~or, bUJl'lO& an' exce.', ~be clt". bellbt ll.ltl~lon. tor en &-2 aone. Solution. la~uire t.e developer to ellainete tbe upper root-top deck an' tbe 3-foot vall Dr rai1Jaa aroun' Jt. Problem RD. 2: tbe prope'll'. upper roof-top deck aDd dlr.ctl, oPpo'Jte vindow. undul, lIlv.de tb. DlJlbbot.' rilbt. to prJ.ac,. Solution: le~uJre the dIY.lop.r to d"lln vJndow. to ..a~le privlc, tor reudentl of botb bUJldlaa' ad to eh.inete the uppar root-top liV10& aplce. Probln liD. 3: The propond d..elopaent h ,Duro_atlll, IIarafl1l frOll tile .t'Ddpoln~ of .aJ.tJAI tr.... aD' tile ....loper.. eDvlro~n~.l Japact .t.t"'Dt i. lDaCCur.te .nd '0.. DOt .ffect tile pl.n .a pre.ented. aec.u.e of tile ,.r..e de'lln, tbe CJt,'. tr.e DC the parkwl' vill llk.l, be kJlled an4 the 'XJ.tiaa 20' J.clrandl tr.e ClnDOt be trln.pllDted .. '1JI&e.ted. Solution: le~UJr' that the ,Ir..e .aten' DO flrtb.r tban the eit,'. front- ,.rd ..tbaek r,~ulr"'Dt. Al.o re~uJre the dev.loper to fllp the pllD eo .. to Ie... tb. j.e.r.ud. tr.. iD It. pr"'Dt 'Jde ,ar' loc.tlon aud to allow tbe pllntJa& of otller tr... in tb. .ide ,.rd to provi'e a"JtJoGal pri..c,. Problem 110. 4: The propon' ...elOpaeDt u 'DVho~Dt.ll, IIaraful frOll the .tlDdpolDt ot eoerl' u..... The .nVlroDaent.l benefit. of tbe propo.al'. aol.r beltJDI .,.tea Ire fIr outveJlb.. b, tbe detr~Dt.l incr.a.e. (30%) of the COlt of be.tlDI tbe flve "JaceDt dvellJO&' .t 1030 .1' Itr.et. The 'eveloper baa DOt 'UDaltte' tbt re~ulr" lnal,lil of tbele eff.ctl, IDd .pp..rl DOt to ba.. CODll'.re' thea .t .11. Solutl0D: le~ulre the 'lYeloper to aullait tbe eit,-r,~ulr.d 'Dal,.i. of tbe .ffectl of tbe propole' 'ev.lopaeut OD ID.rl' uI&le in l.jacIDt propertJ", 10 tllat the CommlllJOD cau ..ke au iDforaed ruliDi OD tbe applicltJou. Probl... RD. 5: Tbe propole' developaeDt a.verely reltrict. li.ht end lir to tbe flve dvellJaal at 1030 '1' Street. the propoled lIuil'inl ea.tl a 100% lba'OV over tbe 'Dtlre ve.t 'lde of tbe adjlcent r..ideDce. oD tbe r.quir.d ....Ur...Dt date. In' reduce. naturll ventil.tioD b, blocklDl tbe pr.v.illD& oc..n br...... Solution, aequire the dlY.lop.r to flip tbe pl.n. 1..V10& 10 - 15 f..t b.~veeu tbe bUll'lD&1 JUlt.I' of 5 - 9 f..t. 'robl~. No.6: The propo..' development'l ICC.II to it. unit. from tb~ un',~- Irouu' Ilrll' pro.ot.. UlIllfe IDd iDI'CU~' bouliDl. SolutioD: aequire the provi.ioR of JRterior Iccell froa the ..r..el to tbe dvelllO& lJDitl ID' .pproprilt. .~curit, latel to prevent UDlutbo~l&~' Intr, to tbe lar..e aDd to tbe li'e .Ilkw., bet.een aile, aDd Itr.et. Probl" No.7: the propoll' developelellt hat na lJDiu. 'lbe ..xi.... '.nut, for the lot i. f~ve lJD~t.. Applic.ble It.t. l.v provi'e. I deulit, boUUI to pe~Jt a lia UDlt dev.lopment onl, if tK2 of tbe UDlt. Ire delilDlte' for low to mod.rlt. incoae. The developer b.. dtlilGat.d onl, ImI. lJDit for 1"" to _der.t. JDClIIUI. SolutJon: leduce tbe pl'D to five lJDJtl. iDcludlDi Due low-to-ao'erat. iucome unlt, or, for. .ix-uDJt pl.n. re~uire two lov-to-.oderlte lncom. lJDitl. Problem No.8: tbe liRlle-t"ll, appelrance aud fe.llD1 in tbe uei.bborhoo' vill be '..tro)'ed b)' 'Iyelopaeutl of tbi. t,p.. Solution: lequlre the developer to 10 blck to the dravina lIoard to de.iln a pl.n that fitl our Dtllbborboo' .. ..11 '1 bl1 deyelope.ntll IDV.lope. H. Allen Ev.UI 'Iul K. VlliAr,'ell. Jr. 1030 II.)' Street. Out" 4 . Slnta MoU1C., CA 90405 1030 .., Str..t. VDit I 1 SantI MonicI. CA 90405 e e STATEMENT BY OPPOSING NEIGHBORS . (June 17,1985) My name is Paul Van Arsde11. I live at 1030 Bay Street. I have lived there for 2-1/2 years and in Santa Monica for five years. At the outset let me thank you for giving us this block of time. As you know from the letters and petitions that I'm told are in your packets, a majority of the neighborhood is against the proposed development, at least in its present form. We realize that if each opponent spoke for three minutes, we might have to continue this hear ing again because of the length of public comment. This approach allows us to explain our opposition in a way that we hope will be efficient, clear, unemotional, and convincing. We hope to persuade you that as to this proposed development, common sense, the law, and the rights of an R-2 property owner to profit reasonably from his holdings go hand in hand. We hope that you will agree with us that the proposed development, as presented here tonight, has not been adequately thought out by the developer and that, as proposed tonight, the development defies common sense, flies in the face of an unambiguous requirement of state law and of many requirements of Santa Monica's general plan, and exceeds the rights of an R-2 property owner to e e develop his property. In short, we hope to persuade you to require the developer to go back to the drawing board and to submit a proposal that is not just perhaps academically elegant, but that is practical, carefully considered with respect to its impact on the neighborhood, and lawful in all respects. Toward that purpose we have attempted to suggest a constructive, workable solution to each problem that we've identified in the development as presently proposed. I have three jobs to do tonight for the neighborhood. First, I've been asked to supplement the points that were made by the neighbors who spoke at the last hearing. Second, as I supplement those points, I've been asked to point out some errors in the addendum to the staff report, which was prepared after the last meeting. Third, I will explain why the development as proposed is unlawful under applicable state statutes and under Santa Monica's general plan as well. In connection with my third job, and at the conclusion of our statement of opposition, I'll provide a written list of suggested changes to the proposed development which, if required by you and implemented by the developer, would eliminate many of the defects that make his plan unworkable in this neighborhood and unlawful in this City. On June 3, ten neighbors were able to speak in opposition to the proposal before you again tonight. 2 e e Other neighbors who were opposed to the proposal deferred their time until tonight. Still others were here to support the neighborhood opposition, but did not speak or had to leave before the item came up for discussion. Many other neighbors who were opposed to the project could not be present on June 3, and most of them have signed petitions or have written to you of their objections. Not one neighbor spoke in support of the application on June 3. The fOllowing eight points were made by the neighbors who spoke on June 3 and are supplemented by the discussion tonight in the comments we will present tonight. 1. First, the development as proposed is a three-story building, and it exceeds the City.s height limitations for this R-2 zone. The solution to this problem is to require the developer to eliminate the roof- deck and the three-foot wall or railing around it. 2. The proposed development as proposed unduly invades neighbors. rights to privacy. The roofdeck is a living area designed for use as such. It is, in essence, an elevated backyard designed for uses including outdoor barbecuing, sunning, for hot tub recreation, and for any other outdoor living use the ultimate purchasers may choose. From this living area, at a height of 33-36 feet above ground in a designated two-story neighborhood, the purChasers of these condominium units can look down into 3 ~. e e almost every facing window on at least elghteen surrounding dwellingp and into countless yards. The proposed development further invades the privacy of the neighbors who live in the five homes that are less than ten feet away at 1030 Bay 5 treet. The windows facing east in the proposed development are exactly opposite the windows facing west from 1030 Bay Street, and the views into the master bedrooms and bathrooms are virtually unobstructed. Apart from the proposed non-permanent plastic screens, which extend three feet into the sideyard and therefore violate the setback requirements, no design effort whatever was made to create noise privacy or visual privacy between the adJacent buildings. The solution to the privacy problem is to require the developer to design window placements and window treatments that maximize privacy to the residents of both buildings and to eliminate the roofdeck living area. 3. The development as proposed is environmentally harmful from the standpoint of existing trees. In that regard, the developer's environmental impact statement is inaccurate and does not reflect the plan before you tonight. The proposed underground garage extends all the way forward on the lot to the City's front sidewalk and will kill the City's tree on the parkway by 4 ~e e destroying its root system. Because the garage extends all the way under the front yard, the existing 20-foot jacaranda tree which is now three feet from the east sidelot line and which the developer proposes to transplant to the front yard, will also die when planted into the two or three feet of earth that will cover the garage and will constitute a front yard. Indeed, it is hard to imagine that any substantial trees or other live landscaping will survive in two feet of earth. Furthermore, the placement of the underground garage in the front yard may be inconsistent with the City'S setback requirements and impermissibly increases the effective percentage of the lot that is covered by the building. The solution to this problem is to require the developer to propose a five-unit development, to nflipn on reverse the proposed plan so as to leave the jacaranda tree where it is along the sideyard and to allow the planting of additional trees in the sideyard to provide further prlvacy, and to refuse to permit the garage to extend forward of the City'S setback requirements. 4. The development as proposed is environmentally harmful from the standpoint of energy usage. The environmental benefits of the proposal's solar heating system are far outweighed by the corresponding detriment to the five adjacent dwellings at 1030 Bay 5 e e Street, the energy usage of each of which wIll increase by at least 30% as the result of their complete loss of solar heat in the winter. Contrary to the suggestion in the addendum to the staff report, the Developer has not submi tted any analysis of these effects whatsoever, and indeed he appears not to have considered them at all. The solution to this problem is to require the developer to submit, as the City requires of every developer, an analysis of the effects of the proposed development on energy usage in adjacent properties. Because the developer has never done this, the commission cannot make an informed ruling on the application until he does. 5. The development as proposed unduly and unnecessarily restricts light and air to the five adjacent homes at 1030 Bay Street. As designed, the proposed development casts a 100% shadow over the entire west side of the homes at 1030 Bay Street on the required date. As the shadow drawing that we submitted with our letter of - May 23 shows, the substitution of a railing for a wall around the roofdeck does not mitigate this shadow at all, and the addendum to the staff report is simply mistaken in its statement to the contrary. Furthermore, the proposed development will virtually eliminate the free flow of cool air through the homes at 1030 Bay Street by blocking the prevailIng ocean breezes. A partial solution to these problems, not once addressed by the developer since 6 e e neighbors first suggested it back in April, is to "flip" or reverse the building, leaving 10-15 feet between the buildings instead of the planned five to nine feet. Parenthetically, the staff report addendum is again in error in describing the proposed east sideyard to be nine feet. In fa~t, the sideyard varies from a maximum of nine feet to a minimum of only five feet. 6. The development as proposed promotes unsafe and insecure housing_ Access to the units from the underground garage requires residents to climb one of two flights of stairs to a narrow sidewalk connecting Bay 5 treet to the alley, along the west side of the development. The plan shows no security gates for either the garage or the sidewalk. This is unsafe, unwise and only technically in compliance with sections 9ll0blO and 11 of the munlcipal code. The solution to this problem is to require the developer to provide interior access from the garages to the dwelling units, as is common throughout the City, and to require the developer to provide appropriate security gates to prevent unauthorized entry to the garage and to the sidewalk that connects the alley to the street. 7. Finally, and perhaps of greatest importance to the entire neighborhood, the neighbors that spoke on June 3 pointed out the single-family feeling in the 7 ~ Q~ --.< ~_____ JI!!t... - . J ~e e neighborhood. It exists, they think, because most of them have not -developed to the edge of the envelope.- Although the photos we provided at the last meeting give the appearance of a single-family neighborhood, few of the homes you see are single-family homes. Most are duplexes, or triplexes, or quads, and many have apartments. FOr as much R-2 usage as there now is in the neighborhood, you can see from the photos we provided and many of you no doubt have seen from driving through the area, the neighborhood has a uniquely single-family feel to it. The neighbors feel very strongly about preserving this character. We don't want blocks filled with side-by-side condos, like North of Wilshire. We want a mixture. We don't oppose development, but we do oppose the prison-like atmosphere that will result from approval of developments such as the one proposed here. We hope that you will ask the developer to go back to the drawing boards and to design a plan that fits our neighborhood, that fits within - the limits of his developmental envelope, and that complies with applicable law. 8. Finally, I want to talk to you for a few minutes about a state law and how it applies or, more accurately, how it doesn't apply to this development as proposed. The development as proposed has six units. The lot size is 6,472 square feet. Let me analyze how the 8 - e developer concludes that he can put six dwellings on a 6,472 square foot lot. First, the general plan says that the maximum density for this R-2 lot is 1,500 square feet per unit, or 4.31 units. Next, the municipal code says tne developer can add in 500 square feet, or .32 units, because the property abuts an alley. That makes 4.63 units permissible. Next, the general plan permits 4.63 units to be rounded up to five. program 12 of the City'S Housing development requires the developer to dedicate 25%, or 1.25 units, of the development to housing for persons of low or moderate income. rnclusionary units, though, can be rounded down under Program 12, and the developer has rounded down to one inclusionary unit. So far, the developer legally has been able to lncrease his maximum density by .69 units through rounding up and to decrease his inclusionary obligation by .25 -units by rounding down. All of this is technically within the letter of the law and therefore, not unlawful, even though the net result is a gain to the developer of .94 units that he may sell at market price over and above what the City would permit without rounding. Now comes the rub. At .94 units net to the good because of rounding, the developer claims that because he has dedicated 1 unit for inclusionary purposes, Section 9 e e 65915 of the government code entitles him to another full bonus unit that he can sell at market price. And so he has submitted a plan for a slx-unit condo on a lot that the general plan says is big enough for only 4.3 units, without roundlng. Let me read to you what the pertinent part of Section 65915 says: "When a developer of housing agrees to construct ~ least 25 percent of the total units of a housing development for persons and families of low or moderate income. . . a city shall either grant a density bonus or provide other incentives of equivalent financial value " . "At least 25%." -- Those are the words of the statute. Is one unit of a five-unit development "at least 25%?" Is 20% "at least 25%?" On June 7, I asked those questions of Bob Katai. Mr. Katai is Chief of the Planning Division of the office of Local Governmental Affairs in the Office of the Governor in Sacramento. Mr. Katai gave me clear answers. He said "at least 25%" of a five-unit development for purposes of qualifying for a density bonus is two units. He said two out of five is 40%, and 40% is "at least 25%." I asked Mr. Katai whether the statute or regulations or court decisions permitted 10 It ssed ue~ Tawe~ e IQq~aqM uOl1sano aq~ uo ~uaTls aTpaau e JO ala aql ST uaql oSTe os 'oulpunoJ }O uOllsanb aql uo 1uaT1s sl aln1e1s S14~}I .ouTPunol JO uOTlsanb aql uo luaTTs sT alnlelS aql ~eql Shes lJodaJ 1}e~S aq~ u'%SZ lseaT 1e sueaw lTTeaJ 'lTTeaJ sTql pue 'lsea1 ~eu Aes o~ aq P1nOM ^TJeaT~ aIOW u~op 5uTPunol 1TQT40Jd PTno~ a1n~e1S aq~ };eM hTUO aq1 'palelS hTlun1Q se 'hTuTeTd 'alnle~s aql }O a6en6ueT UleTd aql AQ pa1llWJad 10U hldwlS s1 UMOp 5u1punOE u'%SZ ueql ssal OUu se oUlql awes aql sueaw u%Sl lseaT lVu 'ssatouTueaw };TaJl1Ua u1seaT leu aselqd aq~ a~ew PTnOM 'aln1e1s aq~ Hlpun _QQTssIWJad .HaM :n }1 'UMOP oUlpunoE u'Ollq lsea1 ~eu ~ou 51 auo 1eql aaJ6e no}; aJns we I se lsn[ u'%5Z lseaT leu lOU s1 %OZ leq1 aaloe TT.noh adoq I pue u'OMl 1seal le~ lOU sT auo 1eql aaJoe nOA alns w.l 'laq11a 'UMOP 6uIPUnoJ 11wJad sU01s1~ap lJno~ JO suoTleTnoaJ ou 1eq1 PIes aq puV 'UMOP oUTPunoJ 11WJad l.usaop 6ulueaw uleld Sll Aq u~sea1 leu aseJqd aql ~eq~ PIes aH .OM~ s1 aA11 }O tSz lseaT le :TeooA1nbaun seM 001 JaMSUe sTH 'ST6S9 u0110as lapun u01~eo11TTenD snuoq };~15uap .IO} luawdolaAap ~lun-aAl1 e }O u%5Z lseaT ~eu s1 leqM UOl6uIAO~ 'JW pa~se I 'oluaWeJOes u1 luawdoTaAaa .{lJunIUWO;J put! oUTsnoR 10 luawl.H?daa aql 0:; Tasuno,:) Telaua6 Alndap s1 OqM 'uo:;6uTAO~ >I,JeW 01 >lle1 I ~eql pa~sa66ns pue os >IU1ql ~.uPTP aq Ples aH 'UMOP oUlPunol e e ..........-..--.....,..,~ """'~~ . .' . . e e through it. That which is obvious from the language used need not be repeated in other words to be effective. The statute is anythlng but silent on the question of rounding. The language of the statute (ftat least 251ft) forbids rounding unequivocally and unambiguously. Thus, the developer can't claim a bonus unit under applicable state law unless he designates two of his units for low-income housing. Even if he were entitled to a bonus unit under 65915, he's already received .94 unit available to sell at market prices through rounding permitted under the City's general plan and the zoning laws. That .94 units may surely amount to what Section 65915 describes as "other incentives of equivalent financial value." Thus, the developer has already received pUrsuant to Santa Monica's laws what Section 65915, even if it applied, would require. Section 65915 applies, however, only if the developer dedicates at least two of the six units to inclusionary purposes. The solution to these legal problems is to require the developer to dedicate two of his six units for inclusionary purposes or to resubmit a proposal for a five-unit condominium. In conclusion, we hope you will agree with us that though he may do so in the future, this developer has not ~ proposed a plan to you that should be approved. 12 .. . e e We ask that you disapprove the proposal as presented and that you impose con~itions with respect to any new plan for this property that the developer may submit. We ask that these conditions produce a new plan for development, one that is well thought out and that complies with applicable law, with common sense, and with applicable limitations on an owner's rights to develop his property. Thank you very much for your time, for your attentiveness, and for your most careful consideration of the issues presented tonight. 13 e e ROBERT K. STEINBERG. INC. LAW O~~CE8 0'" II< PROFE.8ISIONAL CORPORATION ROBERT I( IITEINBERG tHe RO!lE.RT K .TEIN.ERG .171 WrL......I"1I!!:' ~UL.IE'V.....O .VITI': Aia... .EVERLY HILLS. CALIFORNIA 80>10 0" ~ov""" IU.. ,.al.) 274-..7. P' LEE.... ~L.EY fa. .T.....,.-!: aTMEET ao_TON: ..........ACHU.ETT& 02'080 NaE:..,.I[." ....A&. .....'" ~ ,~ ~ U)~ .1>- ~::; !~ b. i:~ :lC' ;e;: n~ ~. "":' ARTHUR K IINVDER November 26, 1985 :::;- Jonathan Horne Deputy Clty Attorney 1685 Ma~n Street Room 310 Santa Mon~ca, Ca 90401 ['J '" -... ~ cO CJ'> Re: Van Arsdell vs. Wada Case No. C 565 342 Dear Mr. Horne: ThlS letter lS to conflrm our understanding WhlCh you repeated yesterday, November 25, 1985, that should Mr. Van Arsdell prevall on hlS motlons, the c~ty wlll do the followlng: 1. Insure the fact that Mr. Wada will be able to bUlld hlS SlX unlt condominlum wlthln SlX months of thlS date. 2. You stated thls wlll be done by emergency legls- lat~on, If necessary. If the city falled to glve proper notice of proceed~ngs, and v~olated a government code, all to Mr. Wada's damage then I know as you sald It w~ll be set r~ght. Very truly yours, ROBERT K. STEINBERG, INC. A fessional Corporat~on by: elnberg cc: Robert Meyers RKS:rp e -v.("I.... CITY c4t SANTA MONICA CALIFORNIA OFFICE OF THE eIT) ATTOR'\EY ....'RITER 5 DIRECT mAL ...t.;'IBER (213)458- 8336 November 27, 1985 Robert K. Steinberg, Esq. 9171 Wilshire Boulevard suite 424 Beverly Hills, California 90210 Re: Van Arsdell v City of Santa Monica L.A. s.C. Case No. C 565 342 Dear Mr. Steinberg: This responds to your letter of November 26, 19B5 and clarifies the position of the City with regard to the above-referenced lawsuit. In the event petitioner prevails in the lawsuit, the City will take whatever action it deems appropriate. At no time did I represent that the city would commit to doing the things set forth in your letter. Sin~. J:lTHAN S. HORNE Deputy city Attorney JSH/hcd cc: Paul Van Arsdell, Jr. with enclosure CITY H~LL, J 685 "14.1' STREET, SA "T A \1O'\lC <\, C <\UFOR"IA 9040 1-3~95 e e 1 LATHAM & WATKINS J. Spencer Letts 2 Paul M. Van Arsdell, Jr. 555 South Flower Street 3 Los Angeles, California 90071 5 Attorneys for Petitioner Paul M. Van Arsdell, Jr. ORIGI~t'L FILEQ SEP 12 1985 COUtm CLEBI 4 (213) 485-1234 6 7 a 9 10 11 12 PAUL M. V/ili ARSDELL, JR., ) an individual, ) 13 ) Petitioner, ) 14 ) vs. ) 15 ) CITY OF S/iliTA MONICA, a ) 16 charter city; CITY COUNCIL ) OF THE CITY OF SANTA MONICA, ) 17 an agency of the City of Santa ) Monica; PLANNING COMMISSION OF ) 18 THE CITY OF SANTA MONICA, an ) agency of the City of Santa ) 19 Monica; and DOE 1 through } DOE 2, Inclusive, ) 20 ) Respondents. ) 21 ) ) 22 GRANT WADA, an individual, ) ) 23 Real Party in Interest. ) ) fI- .~. * , SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES Case No. f5EG342 PETITION FOR ~~ITS OF ADMINISTRATIVE MANDAMUS, MANDAMUS, CERTIORARI AND FOR INJUNCTIVE RELIEF 24 25 Petitioner, Paul M. Van Arsdell, Jr., respectfully 26 petitions this Court for writs of administrative mandamus, 27 mandamus and certiorari directed to Respondents pursuant to 28 Sections 1094.5, 1085, and 1067 of the California Code of Civil LA~bIC . W..rl<lH8 ........... ..~ LAw Lft. "N_II:LK. It e 1 Procedure and, if required, for injunctive relief. and by this 2 verified petition alleges and represents that: :3 4 5 FIRST CAUSE OF ACTION (Administrative Mandamus) 1. Petitioner brings this action to obtain judicial 6 review of, among other things, two adjudicatory acts by 7 Respondents through which Respondents knowingly ignored and 8 failed to apply established and unambiguous law to proven and 9 undisputed facts. 10 2. First, over Petitioner's objection. Respondent 11 City Council of the City of Santa Monica held a hearing and ad- 12 judicated Petitioner's appeal from a decision of the Planning 13 COilliliission of the City of Santa Monica without having given 14 written notice of the hearing as required by Sections 9360 and 15 9366 of the Municipal Code of the City of Santa Monica. The 16 Municipal Code of the City of Santa Monica requires, among other 17 things, that 18 "(b) Notice shall be given by mail or delivery to all 19 property owners and tenants, including businesses, 20 corporations, or other public or private entities. 21 within 300 feet of the property which is the subject 22 of the application." 23 Respondents mailed no notice whatsoever to anyone, including 24 Petitioner, of the hearing on the appeal of the decision of the 25 Planning Commission. Under ~ead v. City of Redlands, 205 Cal. 26 27 28 Rptr. 443 (1984'. Respondents' failure to give the required notice constituted a denial of the due process rights of all 1..&.,--&" '= W.&1'lUNa A.I"MUI'DB AT LAw I.... "....K..... 2 e e 1 persons entitled to receive notice~ including Petitioner~ and 2 renders void the purported adjudication of Petitioner's appeal. 3 3. Second, over Petitioner's objection~ Respondents 4 approved the application of Real Party in Interest to construct 5 a six-unit condominium on a lot that, under the Municipal Code 6 and General Plan of the City of Santa Monica, may be developed 7 to a maximum density of only five units, one of which had been 8 dedicated by Real Party in Interest for low-income purposes as 9 required by the Municipal Code and General Plan of the City of 10 Santa Monica. In permitting Real Party in Interest to violate 11 Respondents' laws regarding housing density, Respondents' misap- 12 plied Section 65915 of the California Government Code and ig- 13 nored its plain meaning. Section 65915 states, in pertinent 14 part, 15 "When a developer of housing agrees to construct at 16 least 25 percent of the total units of a housing 17 development for persons and families of low or 18 19 20 moderate income, . . . a city . . . shall either grant a density bonus or provide other incentives of equivalent financial value. . " 21 Respondents allowed a sixth, bonus unit to a developer who had 22 failed to satisfy the statutory condition precedent. Mr. Wada 23 never has agreed to dedicate more than one unit in his proposed 24 development to low-income housing. One is not "at least" 25 25 percent of five. One is 20 percent of five. Two is "at least" 26 25 percent of five. The Respondents' award of a density bonus 27 28 unit to the developer is not permitted under ~ 65915, and a LArBAM II: W.ArKIN. ATTOaJOYB A'f LAw Loa MGlaLSe 3 e e 1 six-unit condominium on the developer's lot is forbidden by 2 Respondents' own ordinances. 3 4. Since December, 1982, Petitioner has owned and 4 resided in the real property at 1030 Bay Street, No. I, Santa 5 Monica, California. The lot at 1030 Bay Street contains a 6 two-story condominium building having five townhouse-style 7 dwellings. 8 5. Respondent City of Santa Monica (lithe City") is a 9 charter city organized and incorporated under the laws of the 10 State of California. 11 6. Respondent City Council of the City of Santa 12 Monica ("the City Council") is an agency of the City of Santa 13 Monica charged with responsibility for, among other things, the 14 Planning Commission of the City of Santa Monica and determina- 15 tions of appeals from decisions of the Planning Commission of 16 the City of Santa Monica with respect to the issuance of and 17 adjudication of applications for conditional use permits and for 18 approval of tentative tract maps. 19 7. Respondent Planning Commission of the City of 20 Santa Monica ("the Planning Commission") is an administrative 21 agency of the City and of the City Council charged with respon- 22 sibility for, among other things, granting and denying applica- 23 tions for conditional use permits and tentative tract maps. 24 8. Real Party in Interest Grant Wada owns and re- 25 sides in the real property at 1024 Bay Street, Santa Monica, 26 California. The lot at 1024 Bay Street contains a one-story, 27 28 single-family home. LATBAlI . WA.!'KUUI AT'tOtNftJ, Ja.'r LAw Lo. AHGII:L.DI 4 - e 1 9. The dwellings of Petitioner and Real Party in 2 Interest are on adjacent lots on Bay Street in the City of Santa 3 Monica, California. 4 10. The area of Bay Street referred to herein is 5 zoned R-2. and multiple-dwelling uses, including allowable con- 6 dominium buildings, are permissible on lots within the zone. 7 11. Petitioner does not know the true names of Re- e spondents sued as DOE 1 through DOE 20, inclusive, and will 9 amend this petition to state their true names when ascertained. 10 12. On a weekend morning in March, 1985, Petitioner 11 and other residents of the five-unit building at 1030 Bay Street 12 (collectively "the adjacent neighbors") saw surveyors measuring 13 the property at 1024 Bay Street. Petitioner asked a surveyor 14 the purpose of the survey, and the surveyor declined to answer. 15 13. During the following week, one of the adjacent 16 neighbors telephoned the Planning Commission and learned that 17 Mr. Wada had applied for permission to construct a development 18 on his property at 1024 Bay Street. The adjacent neighbors 19 obtained copies of Mr. Wada's plans from the Planning Commission 20 and learned that Mr. Wada already had obtained permission from 21 the Santa Monica Rent Control Board to demolish the 22 single-family dwelling at 1024 Bay Street and had applied for 23 permission to construct a six-unit condominium building in its 24 place. 25 26 27 14. Although the adjacent neighbors recognized Mr. Wada's right to develop his property for multiple uses permitted 28 in an R-2 zone, the adjacent neighbors were concerned that Mr. Wada intended to construct a six-unit condominium building on a La'J'B..Ul ,. W ArKIN' A.~...'tLAw Lo. ~CI.LK. 5 e e 1 lot for which five units is the maximum permissible density 2 under Santa Monica's municipal code, and the adjacent neighbors 3 were disappointed that Mr. Wada, their neighbor, had attempted 4 to carry out his plans in secrecy apparently without informing 5 anyone in the neighborhood of his intentions. 6 15. After concluding that the fruition of Mr. Wada's 7 plans not only would result in overcrowding of an already 8 crowded neighborhood but also would devalue each of the five 9 properties at 1030 Bay Street by amounts up to $20,000 for vary- 10 ing reasons, some of the adjacent neighbors proposed to Mr. Wada 11 that they offer to buy his property at his purchase price plus 12 5% appreciation per year for the three years he had owned the 13 property plus a premium of $10,000 to $20,000. Alternatively, 14 some of the adjacent neighbors offered to assist Mr. Wada in 15 finding other property on which he could construct his commer- 16 cial development without injuring their legitimate private 17 interests or those of others. Mr. Wada declined these overtures 18 and stated that he would consider selling his property for 19 around $245,000, over $100,000 more than his purchase price 20 three years previously. 21 16. The adjacent neighbors held a meeting on April 22 21, 1985, to discuss Mr. Wada's proposal for development with 23 other neighbors living in the area. All neighbors living within 24 300 feet of Mr. Wada's lot were invited, and a large number of 25 them attended. The attending neighbors reviewed copies of the 26 developer's plans that the adjacent neighbors had obtained from 27 the Planning Commission. Reaction to the proposed development 28 was uniform and negative. L&.1lAK " w...l<V<. A.1TODi1Tll .A' .LAw L08 4N.aLS8 6 e e 1 17. More than 80 of the neighbors ("the opposing 2 neighbors") living within 300 feet of Mr. Wads's lot wrote 3 letters to the Planning Commission and/or signed petitions filed 4 with the Planning Commission to voice their opposition to Mr. 5 Wada's proposal for development. Their opposition in part was 6 based on the unusually large number of units in the proposed 7 development, its effect on the single-family character of the e neighborhood, the adverse effect of the proposed development on 9 parking, traffic, and privacy in the neighborhood, and the 10 adverse effect of the proposed development on light, views, and 11 environmental concerns of the neighbors. The letters and 12 petitions of the opposing neighbors became a part of the 13 Planning Cuuooission file on this development and thus a part of 14 the administrative record in this petition, all of which is 15 hereby incorporated by reference. 16 18. The Planning COffiillission, perhaps in response to 17 this level of neighborhood interest, suggested through its staff 18 that Mr. Wada meet with some of the adjacent neighbors in the 19 presence of Planning Commissioner Ken Genser for the purpose of 20 achieving a compromise design more acceptable to the 21 neighborhood. The meeting occurred on April 30, 1985. At the 22 meeting, Cuwwissioner Genser disclosed that he was a former 23 student of the architect who designed the proposed development 24 and that it was Commissioner Genser's hope that he could help 25 the interested persons work out their differences. Regrettably, 26 27 although the developer and his architect were willing to discuss 28 and to implement minor, cosmetic changes to the building (e.g., a rear entrance to the garage, and a plastic shield over one U'IILUI 6 WATKIN' A'J"J"Omdn &"1 LAw Lo. MIiIEL.a8 7 e e 1 level of adjacent windows), they were unwilling to consider 2 alternative plans to develop the property (e.g., luxury triplex 3 or fourplex, or reversing the placement of the proposed 4 structure to increase significantly the space between the 5 adjacent buildings). Indeed, Mr. Wada stated that all necessary 6 compromises already had been designed into the building (while 7 Mr. Wada's plans were still unknown to his neighbors), and Mr. e Wada's architect repeatedly stated that because the development 9 was perfectly permissible in an R-2 zone, no compromise was 10 required. The meeting ended without positive result. 11 19. Pursuant to Section 9360 of the Municipal Code of 12 the City of Santa Monica, the Planning Commission mailed notice 13 to all persons residing within 300 feet of the proposed 14 development that a hearing would be held on May 20, 1985, at 15 7:30 p.m. and that after taking public testimony and due 16 consideration of Mr. Wads's application for a conditional use 17 permit and tentative tract map, the Planning Commission would 18 rule on the matter. 19 20. After notice had been given, and because Mr. Wada 20 was late in submitting final plans in connection with his appli- 21 cation (allegedly because Mr. Wada was revising his plans to 22 accommodate the desires of the opposing neighbors), the May 20 23 hearing was continued at the request of Mr. Wada to June 3, 24 1985. Although the Planning Commission gave no advance notice 25 26 27 28 of the continuance to the neighbors who had received notice of the hearing, the adjacent neighbors attempted to do so. Petitioner does not know how many opposing neighbors attended UTJUJI . W IoTKINII ATTOINftB. A1" LAw Lo. MCJI:L&e 8 e e 1 the hearing on May 20 only to learn that it had been continued 2 to June 3, 1985. :5 21. Mr. Wada filed his final plans, virtually iden- 4 tical to the previously-filed plans for development. 5 22. Pursuant to Section 9360 of the Municipal Code of 6 the City of Santa Monica, the Planning Commission mailed notice 7 to all persons residing within 300 feet of the proposed e development that a hearing would be held on June 3. 1985 at 7:30 9 p.m. to take public testimony and to rule on Mr. Wada's 10 application. 11 23. A large number of opposing neighbors, including a 12 number of elderly neighbors, adjacent neighbors and Petitioner, 13 appeared at the June 3 hearing only to be told by the Planning 14 Commission at about 8:00 p.m. that at Mr. Wada's request, the 15 hearing would be continued again. Petitioner immediately re- 16 quested the Planning Commission not to continue the hearing and 17 informed the Planning Cou~ission that a large number of opposing 18 neighbors were present in the hearing room, that it would impose 19 a great hardship on the opposing neighbors to reschedule the 20 hearing, and that Mr. Wada's request for yet another continuance 21 seemed to be part of an effort to wear down the opposing 22 neighbors and to prevent the Planning Commission from hearing 23 their opposition. 24 25 26 27 28 24. In response to Petitioner's request, the Planning Commission decided to bifurcate the hearing procedure, to take public testimony from opposing neighbors on June 3, and to defer to June 17 the developer's obligation to present his proposal as well as the Planning Commission's ruling. L.t.TILUI . W AI'XfH8 AT1'OUI'arB AT LAw Loa AN.ELK. 9 . e e 1 25. At about 8:30 p.m. on June 3, 1985, after 2 Petitioner's request that the Planning Commission hear evidence 3 that night. but hours before Mr. Wada's application came up for 4 hearing, Mr. Wada approached Petitioner and several of the 5 opposing neighbors outside the hearing room. Mr. Wada accused 6 Petitioner of having lied to the Planning Commission in opposing 7 the continuance and threatened to Sue Petitioner. By about a 11:00 p.m.. when public testimony on Mr. Wada's proposal began, 9 many of the opposing neighbors, including some who were present 10 or near when Mr. Wada made his threats, had gone home. Several 11 others of the opposing neighbors, however, gave testimony and 12 urged the Planning Cowroission to deny the application. Not one 13 of the neighbors who received notice of the hearing spoke in 14 favor of granting the application. 15 26. At the continued hearing before the Planning 16 COlllmission on June 17,1985, adjacent neighbors appeared and 17 testified in opposition to the granting of the application. 18 None of the opposing neighbors exposed to Mr. Wada's groundless 19 threat of suit appeared at the continued hearing. Of those 20 neighbors who did appear, not one spoke in favor of the 21 application. 22 27. At the hearings before the Planning Commission on 23 June 3. and June 17, the opposing neighbors advanced the fol1ow- 24 ing principal argument in asking the Planning Commission to deny 25 the application: As a matter of law. the developer is entitled to build no more than five units on a lot the size of the lot at 26 27 28 1024 Bay Street and he is not entitled to a sixth unit density bonus pursuant to Section 65915 of the Government Code unless he W'I'lLUI a WATKIN. A.t'I"OaNftI- .I." LAw Lo. MOI:L&8 10 e e 1 agrees to dedicate "at least 25 percent" of his units, or two 2 units, to low-income purposes. Mr. Wada's proposal seeks a 3 density bonus, but only dedicates one unit, or exactly 20 per- 4 cent, for low-income purposes. In other words, the opposing 5 neighbors argued, one is not "at least 25 percent" of five. Two 6 is. A transcript of one opposing statement proffered at this 7 hearing (parts of which were argued, and the Planning Commission 8 refused to permit full argument to be made) is included within 9 Exhibit B to this petition. Within Exhibit B, pages 8 through 10 13 of Exhibit D address this issue in detail and the materials 11 there were argued to the Planning Commission by Petitioner. 12 28. The opposing neighbors also advanced a number of 13 other arguments, all of which are contained in the administra- 14 tive record, incorporated herein by reference, and most of which 15 are contained in Exhibit B to this Petition, incorporated herein 16 by reference. 17 29. On June 17 the Planning Commission approved Mr. 18 Wada's application. A Statement of Official Action of the 19 Planning Commission is attached hereto as Exhibit A and incor- 20 porated herein by reference. 21 30. Petitioner and another adjacent neighbor duly 22 appealed on behalf of themselves and the other opposing 23 neighbors the decision of the Planning Commission to the City 24 Council. Copies of Petitioner's Complaint Appealing Ruling of 25 26 27 Planning Commission and of the response by Real Party in Interest are attached hereto as Exhibits Band C and are incor- porated herein by reference. 28 LA'fIlAJI .. W AtlUNa A.'I"J'ODinB 1.1' LAw Lo. AN..u:a 11 I....\T!L\lll . W A1'lWCa .A1"!"O&KU& .&.1' LAw Lo. AII.IE~ e e 1 31. On August 13, 1985, overruling Petitioner's ob- 2 jection that the hearing could not be held because the notice of 3 the hearing required by Sections 9360 and 9366 of the Santa 4 Monica Municipal Code had not been given, the City Council 5 affirmed unanimously the decision of the Planning Commission. S Petitioner incorporates by reference the administrative record 7 of proceedings before the City Council. 8 32. Petitioner has exhausted his administrative 9 remedies and has no plain, speedy and adequate remedy in the 10 ordinary course of law. Respondents' actions, as alleged in 11 this Petition, if executed during the pendency of these pro- 12 ceedings, will allow completion of Mr. Wada's proposal for 13 development in plain violation of law and will result in irrepa- 14 rable harm to Petitioner and to other opposing neighbors through 15 the further overcrowding of an already overcrowded neighborhood 16 and in injury to the legitimate private interests of residents 17 in the neighborhood. 18 19 20 21 22 23 33. As alleged in greater detail above, Respondents abused their discretion prejudicially, failed to proceed in the manner required by law, proceeded without and in excess of their jurisdiction, and failed to afford Petitioner a fair trial by: (1) holding the City Council hearing on August 13, 1985, without having given the notice to residents, including opposing neighbors, that is required under Respondents' own municipal code; (Z) misapplying Section 65915 of the California Government Code in awarding a density bonus unit to Mr. Wada when he had 24 25 26 27 28 not dedicated "at least 25 percent" of the units in his proposed development to low income purposes as required by the plain 12 . 1 2 ;) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LA.1'1U.JI . WlLTK.DO .A~.or WW Loa ANGELES e e language of the statute; (3) denying Petitioner's appeal; (4) granting Mr. Wada's application for a conditional use permit and tentative tract map to construct a building that is inconsistent with applicable general and specific plans on a site that is not physically suitable for the proposed type or density of develop- ment; and (5) disregarding the arguments made by Petitioner and by opposing neighbors as set forth in the administrative record before the City Council and the Planning Commission, all of which is incorporated herein by reference. 34. Respondents' approval of Mr. Wada's application and denial of Petitioner's opposition and appeal are not sup- ported by Respondents' findings. 35. Respondents' findings are not supported by the evidence. 36. Respondents' findings and decisions are supported not by a correct application of established and unambiguous law to proven and undisputed facts, but by Respondents' improper consideration of facts relating to the occupations and dwellings of adjacent neighbors. including Petitioner. and by resulting bias, passion. and prejudice. SECOND CAUSE OF ACTION (Mandamus) 37. Petitioner repeats and incorporates by reference all allegations of the preceding paragraphs 1 through 36, inclu- sive. 38. By granting the applications of Mr. Wada and by hearing and denying Petitioner's appeal. as alleged above. Re- spondents, and each of them, abused their discretion and acted 13 , . 1 2 :3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2:3 24 25 26 27 28 Li.rBAK . W ArJWfB A2'TO&1fDI! A.2".t.Aw Loa AN..L.&a e e unreasonably, arbitrarily, and capriciously, without due regard for Petitioner's rights, including his vested right to a hearing before the City Council after required notice had been given by Respondents to all neighbors, including opposing neighbors, residing within 300 feet of the proposed development. Respondents' abuse of discretion, which would permit completion of Mr. Wada's illegal proposed development, is prejudicial and threatens Petitioner with irreparable harm. THIRD CAUSE OF ACTION (Certiorari) 39. Petitioner repeats and incorporates by reference all allegations of the preceding paragraphs 1 through 38, inclu- sive. 40. By granting the applications of Mr. Wada and by hearing and denying Petitioner's appeal, as alleged above, Respondents. and each of them, exceeded their own jurisdiction. FOURTH CAUSE OF ACTION (For Injunctive Relief) 41. Petitioner repeats and incorporates by reference all allegations of the preceding paragraphs 1 through 40, inclu- sive. 42. In the event that this Court's issuance of the writ or writs sought by Petitioner would be ineffective to prevent Real Party in Interest from acting pursuant to Respondents' unlawful acts as alleged herein and from constructing a six-unit condominium building on his lot, or if necessary to preserve this Court's authority and jurisdiction to provide the judicial review that Petitioner requests herein, 14 . " , . 1 2 :3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LA,..... .. W"TIUlQ A1'rourfta.&.'I' LAw Loa AN.K~ e e Petitioner will ask the Court to issue injunctions directed to Respondents and to Real Party in Interest granting relief necessary to protect Petitioner's right to meaningful judicial review of Respondents' decisions, as alleged herein. WHEREFORE, Petitioner prays that: 1. a writ of administrative mandamus be issued ordering Respondents, and each of them, to set aside their decisions; and, 2. an alternative writ of mandate be issued ordering Respondents, and each of them, to set aside their decisions; and, 3. an alternative writ of certiorari be issued ordering Respondents, and each of them, to set aside their decisions; and, 4. an ex parte order be issued staying Respondents' decisions, forbidding Respondents from taking any action to permit development of the property at 1024 Bay Street, Santa Monica, California, and ordering Respondents to show cause why an order should not be granted further staying Respondents' decisions and preventing actions allowing development; and, 5. an ex parte order be issued prohibiting the Real Party in Interest from taking any action pursuant to Respondents' unlawful rulings, permissions, and decisions as alleged herein; and, 15 ,.......- . 1 2 :5 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UTB.UI 6: WA'I'XlN. AT'!'OQd!'8"I'LA.w Loa ANClKLEa e e 6. Petitioner be awarded his reasonable attorneys' fees: a. pursuant to California Government Code ~ 800. and, b. pursuant to California Code of Civil Procedure ~ 1021.5; and, 7. Petitioner be awarded his costs herein; and 8. Petitioner be granted such other relief as to the Court seems just and proper. Dated: September II, 1985 LATHAM & WATKINS J. Spencer Letts Paul M. Van Arsdell, Jr. By ,d,~-IL~. f. Paul M. Van Arsdell, Jr. Attorney for Petitioner 16 1320a Santa Monica Mall Santa Moo,ca, Calitornla 90401 SUite 201 213'394 7836 At>T:J -ro (2. -,a. MA't13 t91 ~ ~ 'U6 Margo Hebald-Heymann, AlA & Associates, ArchItects roJ Arcl'itecture Planning InrerlO!'s 6 MAY 86 TO: Honorable Clty Council FROM: Planning Commissioner Margo Hebald-Heymann RE: Appea l: 1024 Bay St reet Applicant: Grant Wade Numbar TTM44039, CUP 413 On one of the rare OccaSlons that I have had to leave bafore the close, r was not oresent to hear the Grant "'ade case for its final aooroval; although r had reviewed it whan it was oreviously before the Planning Commission. My understanding is that a condition was set without any discussion which orohlblts the use of a roof garden. In addition to not agreeing with the orocedure in WhlCh this cond,tlon was l'noosed, I believe that the aoolicant's rights have been unjustly dented. A roof garden serves a number of purooses. In addition to prOVIding e place for the occuoants to sun themselves and exoerience the oleasures of the outdoors, without being over run by the general Dublic; it can and does in this project, also orovide a form of natural insulation against the elements, thereby conservlng energy. Having viewed the site and the oroposed project, I feel that this roof garden is well justIfied and a necessary oart of the design. r strongly recommend granting this Bppeal. (j7 { ',~~'(: /)'1 C&,l(l rL. (~) " e~ alt~~;r J V2ett-1/LJL-J,1'1 -CLlfc. :tc Ii ,E / J /j L( (7 MUtC\. C -,', J Y U f 5 -ti-fb ? MAT27'9I& A't>b -ro (;2.-4- ~".(\ ~ \,,~ . ~.-~UJm&a70~@@ '-J I.. > ." t.. '''CO@ TRIP 11\ n m i~iv\" ~ltb'&- DAn ~h !~b A 'I J\\ .l\ h \'q0) i \D~l., !tAJ~)t~Jl tJ\ hv-~.v." GCI W i V,,' (J\.i).PC~ Y - l))j () , : (~I\ ,1AQ,~\A.- 11 ~.f\ (11~J9. \ (', T-r rv'\. '+ 4 U ~~ J I (r 1 v( g c~ ) . (ie, ') ,,) /t-\)\h~+ !, ~ 10 <Ft. f/\ cQl~'{ ,t~bvl>L- \; .. /". n ... 5<ONOD ~h l LLUhV t.- \, ~ ~ ~I J DAlE FEOiFOFlM@ 45 465 SIGNED S~"'O PARTS 1 "NO 3 INTACT PART 3 WILl 8E RETURNEO WllH REPlY POL Y PAK /50 5ETSl 4P465 13203 Sarta V011ca tv~'all Scrt;;. ~.1cnlca. Ca' fc-TIB. 9:J4C1 SL t8 201 213 394 7836 ~ rLtlJ~ Il. -A 5 -/3-?~ IDJ Margo Hebald-Heymann, AlA & Associates, Architects ArC'1ltec-Lfe ;J13....~1n~ I-Tenc's 6 MAY 86 TO: ~onorable C1ty Council FROM: Plannlng CO~~lssioner Margo Hebald-Haymann RE: Anneal: 1024 Bay Street Applicant: Grant Wada Number TTM44039, CUP 413 On one of the rare occasions that I have had to leave before the close, I was not oresent to hear the Grant Wada case for its flnal aooroval; althouqh I had revll~wed it when it was oreviously before tha Planning Commission. My understanding 1S that a cond1tion was set w1thout any discussion which orohiblts the use of a roof garden. In addition to nat agreeing with the orocedure 1n which this condition was imoosed, I believe that the aonlicant's rights have been unjustly denl ed. A roof garden serves a nu~ber of purooses. In addlt10n to orovlding a olace for the occuoants to sun themselves and exnerience the oleasures of the outdoors, w1thout being over run by the general public; it can and does in this oroiect, also orovlde a form of natural insulat10n against the elements, thereby conserving energy. Havi ng vi ewed the SHe and the 0 rooosed oroj ect. I fee l that thi s roof garden is well just1fied and a necessary Dart of the design. I strongly recommend grantlng this anpeal. //-DD if) /,)- A MrJ'~t MAY 2 7 liS. -.,I' I _ ,~. -' e '86 MAY 13 A 4 :37 SAN ii~' ~""Jt" _ t. May 12, 1986 BY HAND DELIVERY City Council City of Santa Monica City Hall 1685 Main Street Santa Monica, CA 90401 Re: C.U.P. 413, T.T. 44039; 1024 Bay Street e Dear Mayor and Councilmembers: I have learned for the first time today that my appeal of the captioned matter has been scheduled for hear- ing at the May 13, 1986 meeting of the City Council. The purpose of this letter is to inform you that I received no notice whatsoever of this hearing. Had I received the no- tice required by your laws, I would have been able to attend and testify at the hearing, but I am now unable to attend the hearing because of prior commitments that I cannot re- schedule at this late date. As an individual complainant/appellant in this matter, I understand that I have the right to appear and give testimony at the hearing on my complaint/appeal and that to protect that right the City Council of Santa Monica (the "City") is obligated to mail me notice of the hearing at least 10 days in advance of the hearing. Despite the facts that I am a named complainant/appellant in this matter and that my name and address are set forth on the complaint, you sent me no such notice. e Under the circumstances, I can have no fair hear- ing on my appeal on May 13, 1986, and I have no choice other than to insist that you reschedule the hearing to a new date following lawful notice. I am unwilling to delegate to any other person my right as a complainant/appealant to appear tE' &7 ~~~ {-r.,; e?7j d~~1 Cr / tf4~~7 (// lI"b It! /;J-A MAY 1 3 1911 MAY 27 1111 e e e Santa Monica City Council May 12, 1986 Page 2 personally and to give my testimony before you, and I be- lieve that if you rule on my appeal in my absence on May 13, 1986, your ruling will be unfair, unlawful, and void by vir- tue of the City's failure to give notice to me in accordance with its own laws. I swear under penalty of perjury according to the laws of the State of California that the foregoing is true and correct. ~pectfYllY s~bmit ed, -Ai ~tii " f\... ~ ~ ~ IItVt t^..--/ J ni er S. Ja son 1 30 ay Stree , No. 5 Santa Monica, California 90405 e e e "IJ/J -r# /Q/-.4 *'13'. HAY 2 7 'HI r); - : ~ ! ' -",' '86 I'tlW 13 1\ 4 :37 SAklA :-,,-,.\ y' , May 12, 1986 BY HAND DELIVERY Ci ty Council City of Santa Monica City Hall 1685 Main Street Santa Monica, CA 90401 Re: C.D.P. 413, T.T. 44039; 1024 Bay Street Dear Mayor and Counci1members: I have learned for the first time today that my appeal of the captioned matter has been scheduled for hear- ing at the May 13, 1986 meeting of the City Council. The purpose of this letter is to inform you that I received no notice whatsoever of this hearing. Had I received the no- tice required by your laws, I would have been able to attend and testify at the hearing, but I am now unable to attend the hearing because of prior commitments that I cannot re- schedule at this late date. As an individual complainant/appellant in this matter, I understand that I have the right to appear and give testimony at the hearing on my complaint/appeal and that to protect that right the City Council of Santa Monica (the "City") is obligated to mail me notice of the hearing at least 10 days in advance of the hearing. Despite the facts that I am a named complainant/appellant in this matter and that my name and address are set forth on the complaint, you sent me no such notice. Under the circumstances, I can have no fair hear- ing on my appeal on May 13, 1986, and I have no choice other than to insist that you reschedule the hearing to a new date following lawful notice. I am unwilling to delegate to any other person my right as a complainant/appealant to appear c ~ f c:~ ~--r-- [1/ d{ 4t~N---f Ct / /!Z4~j U / Ab~ f~ /~-A }f,.. 1 ~ '1116 MAY 2 7 19ai e e e Santa Monica City Council May 12, 1986 Page 2 personally and to give my testimony before you, and I be- lieve that if you rule on my appeal in my absence on May 13, 1986, your ruling will be unfair, unlawful, and void by vir- tue of the City's failure to give notice to me in accordance with its own laws. I swear under penalty of perjury according to the laws of the State of California that the foregoing is true and correct. Respectfully submitted, lJ ~ '\ _0,,_ ___ ' Ken Stringer 1030 Bay Street, No.5 Santa Monica, California 90405 ( ,~St'/ttJl~~ '" ar rn--f1 0"""';:>...... ?? ~ Cl ~ o ~ ~ 5-~ro<: ~ ~ ~ '1 1-" (J f-' o III ro en ,..., 0 1-" Jil f-' ~ 1-" 'i:l3: .Q' N ~ '1 t'i '1 ro ~ ,.., f-' (1l 0 Ul (1)f-' ~'<:lS..Hl ~ 00 0 o:l 1-" (fJ Hl ~ !l:> '<: It g.g. "0 "0 ::r en '1 "0 ("J CD ;:10. 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