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SR-402-001 (40) L!o'P ,00 I /:2-A OCT 2 8 198~ C/ED:RM:RAS:ljw Council Meeting: October 28, 1986 Santa Monica, California TO: Mayor and City council FROM: City staff SUBJECT: Recommendation to Set A Public Hearing Date to Consider Appeal of Tentative Tract Map 4474l and Conditional Use Permit 427 for Subdivision of Real Property at 927 Fifth street. INTRODUCTION This report recommends that the Council set a public hearing date to consider an appeal of Tentative Tract Map 44741 and Conditional Use Permit 427 for subdivision of real property at 927 Fifth Street. Further, it recommends that the Council schedule the matter for a public hearing at the Council meeting of November ll, 1986. BACKGROUND On Wednesday, October 15, 1986 Marilyn Spivey, an interested party I filed an appeal of the Planning Commission' 5 October 6, 1986, decision to approve Conditional Use Permit 427 and Tentative Tract Map 4474l, with conditions, for a six-unit condominium to be located at 927 Fifth street. Pursuant to Section 9148C of the Municipal Code, any aggrieved party may appeal a Planning Commission decision on a conditional use permit to the city Council within 20 days. However, under the provisions of the Municipal Code pertaining to tentative tract map appeals (Section 9366), if an interested party appeals 1:< -LJ OCT 2 8 ~g~ - 1 - a tentative tract map, within ten (10) days, or the next regular city council meeting following the filing of the appeal, the Council may, at its discretion, reject the appeal or vote to set the matter for pUblic hearing. If the Council decides to accept the appeal, a public hearing on the matter must be held within thirty (30) days after the complaint has been filed. The appeal was filed by an interested party on behalf of the residents of 523 Fifth street. The language in the appeal letter (Attachment A) indicates that she is appealing the Planning Commission decision to approve "the project." Staff interprets that to mean she is appealing both the conditional use permit and the tentative tract map. In that the appellant has the right to appeal the decision on the conditional use permit pertaining to this application, staff believes it would be appropriate to accept the appeal on the tentative tract map as well. The appeal of the tentative tract map is now before the Council to be accepted or rejected. Should the Council vote to accept the appeal and set the matter for public hearing, the matter must be scheduled for the November 11, 1986 Council agenda in order to meet the Hunicipal Code requirement to hear the appeal within thirty (30) days. FISCAL/BUDGET IMPACT The recommendation of this report will have no fiscal or budgetary impact. - 2 - RECOMMENDATION It is respectfully recommended that Council accept the appeal and set the matter for public hearing at the Council meeting of November 11, 1986. Prepared by: R. Ann Siracusa, Director of Planning Richard Mills, Associate Planner City Planning Division Community and Economic Development Department Attachments: Attachment A - Appeal letter cc44741 10/16/86 - 3 - ATTACHMENT A . I ..- I ...., ... . I' C-uF' "'2.7 10 . ,,5 . 86 E 10 11'2...0 ~ AS . . October 15, 1986 TO: SANTA MONICA CITY PLN~NING COMl~ISSION FROM: THE TENANTS AT 923 FIFTH STREET RE: 6-UNIT CONDOHINIUH PROJECT APPROVED FOR 927 FIFTH STREET ... We, as residents of 923 Fifth Street, Santa Monica, California, the building directly to the north of the proposed project, hereby appeal your decision to approve the project, as proposed. 'This proposed use will exacerbate traffic and parking problems that already exist in this area. As it is now, before the 6-unit condominium being built at 9ll Fifth Street is completed, visitors of the residences along the 900 block of Fifth Street are usually forced to park several blocks away and to walk. This presents a special problem at night because Fifth Street has no street lights. We feel that this situation is already a threat to the public safety of our neighborhood. It is felt by all of us that these problems must be alleviated before further building, which will inevitably lead to further de- mand for parking. The projects at 9ll, 927 and eventually 957 Fifth Street, all within the same block between Idaho and Washington, will, without question, compound parking and traffic problems that already exist. All three of these condominium projects will replace single family dwellings in the same block. It should be clear, from the foregoing, that Fifth Street was never designed and is not now capable of handling the parking for all of these new, higher- density developments. We feel that a building moratorium is in order until the City studies the parking and traffic problems, with the goal of pro- viding a plan to mitigate these problems before more high-density construction is approved. We feel that this project, as approved, will have a significant and adverse effect on the environment and will interfere with our rights, as residents, to free enjoyment of our residences. (Re~ectfull submitted, ~~~s a 23 Fifth Street Marilyn ivey, Representative ;,/?;~ tJt8-~9(J c; ~1'-85"fB