SR-820309-12APL:JL:nh
Council Mtg.: March 9, 1982
TO: The Mayor and City Council
FROM: City Staff
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Santa Monica, California
MAR 9 9982
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% 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 apartments and 5,696
sq, ft. of office space on the second and third floors. The floor
area of the 3 apartments is 2,252 sq. ft. - 270 of the total. The
building design is particularly sensitive to the residential
buildings on either side providing substantial side yards to
protect the light and air to the existing apartments. Of the
office area 2,300 sq. ft, will be occupied by the applicant replacing
his existing 1,600 sq. ft. office
The remaining 2,396 sq, ft. will
be leasable.
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MAR 9 1~~
Mayor and City Council -2- March 9, 1982
No Arts or Social Service fee was imposed. The estimated 1.So
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 an additional condition:
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.
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 WEC 069227, such fee (or any lesser fee required by any
subsequently 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: J. W. Lunsford