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SR-12-B (4) -, . t/ 02-..,- ?'O 'I C/ED:PJS:ca Councll Meetlng: February 19, 1985 Santa Monica, Callfornla ,2. - ~ rE6 1 9 1985 TO: Mayor and Clty Councll FROM: Clty Staff SUBJECT: Adoption of Flndlngs for Declslon on Proposed Outpa- tlent surglcal Faclllty at 1508 Arizona Avenue (DR 275, ZA 4828-Y) At lts ~eeting on January 22, 1985, the Clty Counell denled wlth- out pre]udl.ce the appllcant I s appeal from the Planning COImnlS- Slon 's actJ..on on the subJect proJect. The Councll remanded the proJect to the Planning CommlSSlon wlth certaln lnstructions and dlrected staff to present flndJ..ngs for adoptlon at a subsequent Councll meeting. ThlS report presents proposed flndings for Councll adoption. RECOMMENDATION It J..s respectfully recommended that the Cl.ty Counell adopt the follow~ng flndlngs and deCJ.Slon in connectlon wlth Development ReVlew Permlt No. 275 and Zonlng Admlnlstrator Case No. 4828-Y: FINDINGS 1. The proposed proJect conslsts of a 14~ 177 square foot, three story outpatlent surglcal facl1ity to be located at 1508 Arlzona Avenue, a 7,491 square foot parcel located 1n the Commercial Professlonal (CP) Dlstr1ct ("the project"). 2. Jerrold Martln Sherman, M.D. ("Dr. Sherman") lS the owner of the subject property and is the appllcant/appeallant In the 1nstant proceedlng. f).. - B FER 1 9 1965 - 1 - I . 3. On March IS, 1984 the Santa Monica Rent Control Board granted Re~oval Permit Appllcatlon 112R-C, pursuant to the author1.ty granted the Board 1.n regulat10n Sect1.on 5013(c), for three un1nhabi table 51ngle faml1y dwelllng' s located on the subject property. 4. On August 13, 1984, Dr. Sherman flIed a proper applicatlon for Development ReV1ew Perm1.t w1.th the Clty's Planning and Zonlng D1vision pursuant to Ordlnance 1251 (CCS). 5. On October 24, 1984, Dr. Sherman flIed a proper app11ca- t1.on w1th the C1ty'S Plannlng and Zonlng DlviSlon for a var1ance of front yard requlrement pursuant to Munlclpal Code Seetlon 9145 1n connectlon wlth the proJect. 6. On November 5, 1984 the Santa Mon1ca Planning Comm15sion conducted a publlc hear1ng on the Development ReVlew Permlt and Varlance applications. Followlng testlIDony from Dr. Sherman and hlS archl tect, and from members of the publlC, the Plannlng Commisslon fal1ed to adopt any rnotlon approvlng, denying or contlnulng the appllcations. The appllcatlons were therefore deemed den1.ed as a matter of law. 7. On November 13, 1984 Dr. Sherman's legal counsel flled a tlrnely appeal of the Plannlng Cornmlsslon's action pursuant to Ordlnance 1251 (CCS). - 2 - , . 8. On January 8, 1985 Dr. Sherman's legal counsel submitted a wr~ tten request to the c~ ty Councl.l requesting that the appeal hearl.ng be cont~nued to January 22, 1985. 9. On January 22, 1985 the C~ ty Councl.l conducted a public hearlng on the appeal, taklng test~mony from Dr. Sherman's legal counsel, Dr. Sherman's archltect and interested mem- bers of the publlC in accordance wlth adopted Clty Councl1 procedures. Durlng the publlC hear1ng the Council con- sldered a staff report prepared by the Dlrector of Plan- Dlng which lDcluded the complete record of the Plannlng Comnuss~on proceed1ng, a wrl tten response to the Staff Report prepared by Dr. Sherman's legal counsel, and a let- ter from W1111am F. Wel.ngarten on behalf of Santa Monlca Ml.d-Cl.ty Neighbors. Dr. Sherman's archltect presented drawings and a scale model of the proJect whl.ch l.ncluded changes to certal.n deslgn features of the proJect as pres- ented to the Plannlng Commissl.on. The Councll also con- sidered a memorandum from the C~ty Attorney dated January 22, 1984 statl.ng that the Counell could grant or deny the requested varlance due to the Clrcumstances of the project. 10. At the conclusl.on of the appeal hear~ng and Councll dis- CUSSlon, the Clty Councll voted unanl.mously to deny the appeal wlthout preJudice and remand the proJect to the Plann1ng Commlss~on for the followl.ng reasons: - 3 - a. It was not the ~ntent of the C~ty Council ~n adopt~ng Pol~cy 1.13.1 of the Land Use Element of the General Plan to ~mpose a moratorium on prlvate development in the CP District pend~ng adoption of a CP Dlstrict SpeclflC Plan, but rather to sUbJect prlvate develop- ment to careful scrut~ny to ensure that such projects w~ll not pre]UdlCe adoption of a CP Dlstrlct spec~flc Plan and wll1 not adveresely impact nelghboring resldents. b. The pro] ect deslgn presented to the Cl ty Counc~l in- eludes substantlve changes from the verSlon reviewed by the Plann~ng Comrnlsslon on November 5, 1984 and that these changes have resulted in support of the proJect by Santa Monlca Mld-Clty Nelghbors. c. The pro]eet proposes a deslreable new dlmenslon to the range of health care opportunities available to Santa Monica resldents. DECISION Based upon the foregolng flndlngs, the Clty Councll of the City of Santa MonCla denles the appeal of Development Revlew Perml t No. 275 and Zonlng Admlnistrator Case No. 4828-Y, wlthout prej- udlce, and remands the proJect to the Plannlng Comrnlsslon for further conslderation. Prepared by: Paul J. Sllvern, Director of Planning ZA4828Y - 4 -