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SR-042203-1B F:\PLAN\SHARE\COUNCIL\STOAS\02APP020.doc Council Mtg: April 22, 2003 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Certification of the Statement of Official Action for Appeal 02-020 of the Planning Commission Denial of a Conditional Use Permit 02CUP017, to Allow an Extension of a Previously Approved Conditional Use Permit (99CUP006) for a 5-unit Condominium Development. INTRODUCTION This staff report transmits for City Council certification the Statement of Official Action for Appeal 02-020 of the Planning Commission denial of a Conditional Use Permit 02CUP017 to allow an extension of a previously approved Conditional Use Permit (99CUP006) for a 5-unit condominium development. On February 25, 2003 the City Council overturned the decision of the Planning Commission and approved the appeal by a vote of 5-0. The City Council’s decision was based upon the findings contained in the attached Statement of Official Action. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is recommended that the City Council approve the attached Statement of Official Action. Prepared by: Suzanne Frick, Director Jay Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Jonathan R. Lait, AICP Senior Planner Bradley J. Misner, AICP, Associate Planner Planning and Community Development Attachment: Statement of Official Action CITY OF SANTA MONICA CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Appeal 02APP-020 of Conditional Use Permit 02-017 LOCATION: 1719 Ocean Front Walk APPLICANT: 1719 Ocean Inc. APPELLANT: 1719 Ocean Inc. PROPERTY OWNER: 1719 Ocean Inc. CASE PLANNER: Bradley J. Misner, AICP, Associate Planner REQUEST: Appeal of the Planning Commission’s denial of Conditional Use Permit (02CUP017) to allow an extension of a previously approved Conditional Use Permit (99CUP006) for a 5-unit condominium development. CEQA STATUS: The proposed project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Class 3 (b) of the State Implementation Guidelines in that the project involves the construction of not more than six dwelling units in an urbanized area. 1 CITY COUNCIL ACTION February 25, 2003 Date. X Approved based on the following findings and subject to the condition below. Denied ______________ Other. EFFECTIVE DATE OF ACTION: February 25, 2003 EXTENSION FINDINGS 1. The applicant has good cause in requesting a one-year extension, in that the applicant is still in the process of obtaining approval from the California Coastal Commission and the necessary building permits to commence construction. The project has ARB approval, but needs more time to complete the plan check process that is necessary to obtain building permits. Furthermore, the applicant is involved in litigation with the California Coastal Commission concerning the Commission’s desire to have a visitor serving use on the subject parcel rather than a residential use. 2. The project is consistent with current development standards and policies, in that in the time period since the project was originally approved on June 9, 1999 there have been no changes in the pertinent development standards or policies. The project is still in compliance with the R3R development standards and land use policies for the Oceanfront District. 3. The project is consistent in principal with the goals, objectives, policies, land uses and programs specified in the adopted general plan, in that the project retains a residential use on the site, consistent with Land Use Element policies 1.5.2 and 1.5.8 which seek to conserve the existing mix of residential land uses. The project is a multi-family condominium project that complies with the floor area ratio and number of stories (2) as set forth in Policy 1.5.8. Furthermore, the project conforms to the property development standards and is consistent with the intent and specified land uses of the R3R zoning district, which is to “provide a broad range of housing within medium density residential neighborhoods”. 2 4. No changes in conditions surrounding the project site have occurred that alters the project’s compatibility with adjacent development or the neighborhood. The conditions surrounding the project site have not significantly changed since the project’s original approval. A variety of uses, with varying densities and bulk, and architectural styles are prevalent in the neighborhood. Due to this variety, the condominium project, which represents a decrease in massing and density on the subject site, is compatible with the general vicinity and will not pose a significant impact upon surrounding land uses nor upon the public health, safety and general welfare in the neighborhood. 5. The project will not adversely effect public health, safety and general welfare, in that the subject site is located in an urbanized area adequately served by existing police, fire and public infrastructure. Additionally, on-site access and parking will be improved in that the proposed condominium project represents a decrease in density from thirteen units to five units and compliance with current parking standards. CONDITION 38. The approval of this permit shall expire on February 25, 2004, without exception, if the rights granted are not exercised within this timeframe. Exercise of rights shall mean issuance of a building permit to commence construction. However, the permit shall also expire if the building permit expires, if final inspection is not completed or a Certificate of Occupancy is not issued withintwo years, or if the rights granted are not exercised within one year following the earliest to occur of the following: issuance of a Certificate of Occupancy or, if no certificate of Occupancy is required, the last required final inspection for the new construction. VOTE Ayes: Bloom, Holbrook, O’Connor, McKeown, Feinstein Nays: None Abstain: None Absent: Genser, Katz 3 NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedures Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010. I hereby certify that this Statement of Official Action accurately reflects the final determination of the City Council of the City of Santa Monica. _____________________________ _____________________________ MARIA M. STEWART, City Clerk Date F:\PLAN\SHARE\COUNCIL\STOAS\02APP020.doc 4