SR-402-007 (15)
ATTACHMENT D
NOT USED
ATTACHMENT
NOT USED
ATTACHMENT J
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ATTACHMENT C
APPEAL STATEMENT
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City of
Santa Monica.
Department of Planning and Community Development
Planning and Zoning Division
(310)458-8341
APPEAL FORM
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Received By ~
Receipt No.
Name
Address
Coni act Pe r501'l
Please describe the project and decision to be appealed
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Case Number
Address
Applicant
Original Hearing Date
Original Action
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Please state the specific reason(s) for the appeal
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../ Please provide two self-addressed, stamped, letter-sized envelopes.
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ItIIl WESTON BENSHOOF Crryef,S,AH.T, .M~!ll~~
ROCHEFORT RUBALCAVA MA<!U:-Ui5HcL"p . ,-F"
ATTORNEYS AT LAW
'03 MAR 19 P2 :26
(213) 576-1130
mgorsen@wbcounsel.com
March 19,2003
VIA HAND DELIVERY,
FACSIMILE AND U.S. MAIL
Richard Bloom, Mayor
Kevin McKeown, Mayor Pro Tempore
Michael Feinstein, Councilmember
Ken Genser, Councilmember
Robert Holbrook, Councilmember
Herb Katz, Councilmember
Pamela O'Connor, Councilmember
City of Santa Monica City Council
1685 Main Street, Room 200
Santa Monica, California 90407-2200
Re: Appeal of Planning Commission Approval of Development Review
Permit 02-010 and Certification of ErR 02-003
for Civic Center Parking Structure
Dear Mayor, Mayor Pro Tempore and Councilmembers:
Pursuant to Section 9.04.20.14.070, we are appealing the decisions of the Planning
Commission of the City of Santa Monica. Specifically, we appeal the Planning
Commission's approval of Development Review Permit 02-010 and its certification of
ErR 02-003 for the Civic Center Parking Structure on March 5, 2003.
We represent the owners of the Doubletree. Guest Suites Santa Monica
("Doubletree") located at 1707 4th Street, Santa Monica, California 90401, immediately
across 4th Street from the proposed Civic Center Parking Structure ('<Parking Structure").
The Doubletree has serious concerns about the potential environmental impacts of the
design of the Parking Structure and the lack of proper disclosure and analysis of those
impacts in the City's ErR and the procedural shortcuts that led to these omissions. (These
333 SOUTH HOPE STREET · SIXTEENTH FLOOR · Los ANmLES, CA 90071. TEL 213 576 1000 · FAX 213 576 1100
28mltr.oW~CATE ROAD, Sum: 215 · WESTlAKE VIUACE, CA 91361 · TEL 805 497 9474 · FAX 805 497 880.
www.wbcounsel.com
Planning Commissioners
March 19,2003
Page 2
deficiencies and our concerns are explained in delail in Our three previous letters and their
respective attachments to the City. Attached as Exhibits A, B and C.) Despite COmments
from Commissioners during their public discussion that explicitly recognized the many
deficiencies in the City's EIR prepared by the City's consultant, the Planning
Commission nonetheless certified the EIR. At least two of the assenting votes which
provided the majority for certification of the EIR came from Commissioners who
moments earlier had emphatically decried those deficiencies. We appeal because
Planning Commission heeded its own assessment On the adequacy of the EIR and
therefore erred when it certified the EIR and approved the project.
The purpose of an EIR is the infonn the City's decision makers about the potential
significant environmental impacts of projects in order that they can make better land USe
decisions that feasibly avoid or mitigate those impacts. In this case, the EIR failed to
analyze potential significant environmental impacts or relied on multiple miscalculations
that substantially understate those impacts.
Many of the Commissioners explicitly admitted that data relied upon in the EIR
was inaccurate, that standards used in the EIR were arbitrary and vague, that the EIR
failed to adequately disclose the potential impacts of the project and that the EIR failed to
consider feasible mitigation measures and alternatives that would reduce the impacts of
the project. In short, the Commissioners failed to make the findings of adequacy that are
a prerequisite to certification of an EIR.
By not insuring that it had full and accurate infonnation before it, the Planning
Commission was forced to grapple with effects of the project and craft design alternatives
to avoid impacts of the project based on infonnation jammed into last-minute power
point presentations by a City staff advocating for 100% approval of their project, rather
than on accurate, scientific data in an EIR subject to the rigorous review of an interested
and knowledgeable public.
Upon finding the EIR to be deficient, the Planning Commission should have
ordered the City staff to correct the infonnation in the EIR, conduct a public Scoping
hearing, and recirculate the EIR to ensure full and adequate disclosure of the potential
environmental impacts, the feasible alternatives and mitigation measures before bringing
the project before the Commission for its review and approval.
III WESTON BENSHOOF
ROCHEFORT RUBALCAVA MACCUlSH UP
,<,nO!\NfYS AT lAW
Planning Commissioners
March 19,2003
Page 3
For these reasons, we urge the City Council to reverse the decision of the Planning
Commission to certify the EIR and approve the project and order that the EIR be revised
and recirculated as required by law. Thank you for your consideration of our appeal.
MFG:sec
Attachments
cc City of Santa Monica Zoning Administrator (w/attachments)
City of Santa Monica Planning Commissioners (w/o attachments)
Barbara Brown, Commissioner
Darrell Clarke, Chairperson
Julie Lopez Dad, Commissioner
Arlene Hopkins, Commissioner
Jay P. Johnson, Commissioner
Geraldine Moyle, Commissioner
Kelly Olsen, Commissioner
Marsha Jones Moutrie, Esq. (w/o attachments)
Barry A. Rosenbaum, Esq. (w/o attachments)
Ms. Susan E. McCarthy (w/o attachments)
Mr. Gordon Anderson (w/o attachments)
Mr. Francois Khoury (w/oattachments)
John C. Funk, Esq. (w/o attachments)
Raad K. Shawaf, Esq. (w/o attachments)
.~
III WESTON BENSHOOF
ROCHEFORT RUBALCAVA MACCUISH LV
ATTOJl,.NnS AT LAW
421245.