Loading...
SR-402-007 (15) ATTACHMENT D NOT USED ATTACHMENT NOT USED ATTACHMENT J NOT USED ATTACHMENT C APPEAL STATEMENT P{O~ Bet 1\ OD (c(~~ " ~VJ , \.\A.." l' "-"".. -..............., ~\ City of Santa Monica. Department of Planning and Community Development Planning and Zoning Division (310)458-8341 APPEAL FORM f(ffDO'd 03 D~tEl Filed ~ \q 103 Received By ~ Receipt No. Name Address Coni act Pe r501'l Please describe the project and decision to be appealed A-f.f/d uf l'!M,nl1 (ft"M,f$.f/1I-- J,6r-f(}-..;. 1-0 rfY'h'~ F i/t ~ rf/~ f)"t/d~ 'htUv h/1dl- t? :3--0fJ:J. Case Number Address Applicant Original Hearing Date Original Action rt brl/~i / 1, 2bt? i) Please state the specific reason(s) for the appeal (P/fUSR SP./ ~~c/Ud Ie f.I-Y-) ../ Please provide two self-addressed, stamped, letter-sized envelopes. . 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.