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SR-12-B (13) !/tJz,- tf)~ r /~-B MMl 1 'l \~ ~ " C/ED:PZ:PJS:ca Councl1 Meeting: March 12, 1985 Santa Monica, Callfornla TO: Mayor and Clty Councl1 FROM: C~ty Staff SUBJECT: Request for Determination of whether to Hear Appeal of Plannlng ComffilSSlon Declsion Approvlng a Tentative Par- cel Map for 2618 Montana Avenue - Introduction ThlS report recommends that the Clty Council conslder whether to schedule a public hearing for March 26, 1985 to hear an appeal flIed by Counell Member Epsteln on a proposed condomlnlum proJect at 2618 Montana. Background On March 4, 1984 the Planning Commlss~on approved a Development Revlew Permlt, Condltional Use Permlt, Varlance and Tentatlve Parcel Map for a three-unlt condominium proJect at 2618 Montana Avenue. On the adVlce of the Director of Planning and Deputy Clty Attorney the Commlssion required that one unit be affordable to lrn~ and moderate lncorne persons as required by Program 12 of the Clty'S Houslng Element. During the publlC hearing there was discussion about whether Program 12 applled In thlS partlcular case and about whether the appllcant may have received confllct- lng inforrnatlon from the Planning and Zonlng Dlvlslon about whether the requlrement applled. On March 5th Council Member Epstein flIed a timely appeal of the Plannlng Commlsslon deeisl.on (see Attachment A). Because the appeal inel udes a Tentatl. ve Parcel Map, Santa Monl.ca Municl.pal - 1 - /,2--B MAR 1 2 t9fi ---=r---- - ------.....--..-. .. , DATE: TO: FROM: SUBJECT: ( ( CITY OF SANTA MONICA INTER-DEPARTMENT MEMO March 5. 1985 Paul Sllvern, Dlrector of P1annlng Councll Member David Epsteln ~~ Appeal of Plannlng Commlssion Actlon on Tentative Parcel Map 16767, CUP375, ZA4839-y, 2618 Montana Avenue I wish to apoeal the declsion of the P1annlng Comm1ss1on in th,S matter, The appeal is based on two grounds: 1. There are ser10US al1egatlOns by the developer that prlor to making a financial commitment to this project he was advised by plannlng staff that there were no lnclusionary requirements. I belleve that thlS clfcumstance, if true. creates a potent1al legal exposure for the C1ty. and further- more, may result 1n fundamental unfalrness lndependently of the legal risks. 2. The lnterpretatlon of our Houslng Element by the Clty staff 1n this lnstance, leads to an economlcally absurd result. If other interpretations are possible that are more economically realistic, they should be followed. If no such 1nterpretation is posslble, the Council ought to be aware of the absurd result and initlate modiflcatlon of the policy as soon as possible, It 1S requested that the staff report specifically respond to the appllcant's allegatlons regarding the adv1ce glven to h1m by staff, and if the clalms of the applicant are not conceded by staff, that all staff members who have a knowledge of this project be present at the hearings to testify under oath, if necessary. ," . ...