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SR-820413-12AJJ:JL:dvm Cour;cil Mtg. 4/13/8 TO: Mayor and City Council FROM: City Staff Santa 1 .7ica, California ~~ APR 1 3 1982 SUBJECT: Appeal, Interim Development Permit No. DR 027, New Commercial and Residential Building, 1540 Seventh Street, C3, David Nellis. Introduction This is an appeal from the Planning Commission's decision to grant an Interim Development Permit for construction of a mixed use office/ residential building at 1540 Seventh Street, Santa Monica. Appeal is by Mayor Goldway. Background The applicant, a dentist, has a small office situated between two apartment houses on a 50' x 150' C3 lot at 1540 Seventh Street. Under Resolution 6385 development in this area is required to have at least 50°s of its floor area in residential uses. The Planning Commission approved plans for a 3-story building with parking on the first floor and with 3 one-bedroom apartments and 5,696 sq. ft. of office space on the second and third floors. Under the Commission approved plans, the floor area of the 3 apartments was 2,252 sq. ft. - 280 of the total. At the March 9, 1982 meeting, the City Council considered the appeal and directed the staff ;to meet with the applicant and explore alternative means of improving the residential component of the proposed development. The staff has considered various alternatives and has determined that con- version of 150 square feet of office space to residential, will add a second bedroom to one of the apartment units, resulting in two 1-bedroom and one 2-bedroom apartment units. The building design is particularly sensitive to the residential buildings on ~~~s, APR 1 3 9832 Mayer and City Cour,' 1 Council Mtq. 4/13/8 - 2 - either side providing substantial side yards to protect the light and air to the existing apartments. No Arts or Social Service fee was imposed. The estimated 1.50 fee would be $6,033.22 calculated on a construction cost of $402,215, should it be applicable. Imposition of a fee was not recommended to the Commission because staff had not recommended approval. Alternatives Under the provisions of Ordinance No. 1220 the City Council may affirm, revoke or modify any ruling of the Planning Commission in regard to an Interim Development Permit and the decision of the Council is final. Recommendation It is respectfully recommended that the Planning Commission's determination be affirmed with the following conditions: 1. The development plans be revised by reallocating 150 square feet of office space to residential in order to create two 1-bedroom and one 2-bedroom units. 2. Under Resolution No. 6385(CCS), a development fee of $6,033.22 would be required in .connection with the approval of this project. The City of Santa Monica is currently enjoined from enforcing the provisions of such resolution relating to fees. Mayor and City Council Council Mtg. 4/13/82 - 3 - If the City of Santa Monica prevails in the case of United Brotherhood of Carpenters and Joinders of America, et al. v. City of Santa Monica, et al. Los Angeles Superior Court, Case Number WEG 069227, such fee (or any lesser fee required by an sub- sequently adopted ordinance) shall be due and payable within 90 days of the date that City of Santa Monica is no longer subject to such injunction. PREPARED BY: James Lunsford Director of Planning John Jalili Assistant City Manager