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SR-820323-5APL:JL:nh Council Mtg T0: FROM: SUBJECT: Santa Monica, California February 23, 1982 The Mayor and City Council City Staff Interim Development Permit No. DR 031, New Automobile Service and Parking Structure, 1424 18th Street, R2, Kramer Motors. Introduction This is an application for an Interim Development Permit and extension of a Conditional Use Permit to allow construction of an automobile service and parking building at 1424 18th Street in the R2 District. Background On April 20, 1981 the City Planning Commission approved a Conditional Use Permit for construction of a two story and basement service and parking building on an existing parking lot. The building would maintain a 20' front setback, 8' sideyards and a 30' height limit the same as an apartment building. Front and side walls would be solid masonry with no openings and the front and side yard areas would be heavily landscaped so any sound from the building would be eliminated. The Conditional Use Permit is valid until May 10, 1982. In December an application for an Interim Development Permit was filed and at the hearing an extension of the Conditional Use Permit was requested to allow sufficient-time. to prepare working drawings and obtain permits. Upon the advice of the City Attorney that only the City Council could grant an mm ~~~~~3.~ ~ ~9~2 ~~°A ~~ ~ ~ ,s~~ Mayor and City Council -2- February 23, 1982 extension the Commission voted to forward the matter to the City Council with a recommendation for approval of the Interim Development Permit and that the Council extend the Conditional Use Permit to allow the completion of plans and permits. Alternatives The City Council has the alternative of granting or denying either or both of the requested actions. The effect of denying the Interim Development Permit would preclude the issuance of a building permit and the project would not proceed as planned. If the extension is denied the permit will expire before a building permit could probably be obtained. Recommendation It is respectfully recommended that the City Council act favorably on the Planning Commission recommendation by extending the Conditional Use Permit with all original requirements and granting the Interim Development Permit on the basis that: 1. The development is consistent. with .the findings and purpose of Ordinance 1220(CCS). 2. The development is consistent with any interim development standards adopted from time to time by_ordinance or resolution of the City Council. 3. The existing and/or proposed rights-of-way for both pedestrian and automobile traffic will be adequate to accommodate the anticipated results of the proposed development including off-street parking facilities and access thereto. 4. The existing and/or proposed public and/or private health and safety facilities (including, but not limited to, sanitary, sewers., storm drains, fire protection devices, protective services, and public utilities) will be adequate to accommodate the anticipated results of the proposed. development. Mayor and City Council -3- February. 23, 1982 5. The proposed plans comply with existing regulations contained in the Municipal Code. with the condition that: Under Resolution Number 6385 (CCS), a development fee of $76,893.88* 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 L4EC 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. *Calculated on 33,404 sq. ft. of building @ 28.4D per sq. ft. _ $948,673.60 total construction costs x 08o = $76,893.88 fees. Prepared by: James Lunsford 5-A •Substitute m on: March 23,._1.9.82 Age _a ~~~ ,,,:.Ct4 Zane: Well, it seems to me then in adopting the staff report here that the figure provided is an estimate, and is not, in fact, in and of itself adopted as a specific dollar figure. So my interpretation, then, of the motion is that the development fee to be included in this resolution, then, would be a develop- ment fee calculated appropriately according to the guidelines.. Therefore, I think we should support the motion with that understanding., Myers: That's not the case. Under the written band injunction we are permitted to adopt a condition that contains a specific dollar figure which sets the upper limits on the fee. Obviously if construction costs were to decline, a lower fee might be appropriate, but for purposes of the written ban injunction, it's not an estimate, it's a condition; and the condition is that a fixed dollar amount be paid should the City be successful in the UBC case. YG: If the Council is interested, I would suggest a motion to bring it back next week with the appropriate fee. w- CM `~ Is there any reason why we can't separate them, and move the motion for the extension of the permit subject to -- condition use, subject to the new figure? Kramer: Mayor, I can give you the figures for the land, and then you can pass it and you can verify it, if you want. CM-`Z~-. Well, if I understand what the City Attorney is suggesting, we have to pass this motion with a specific upper limit figure, and it seems to me that it would be in appropriate to do this without having had that formula worked out. I would move that we refer this to staff, and ask them to bring this back to us on next week's agenda with that information worked out. C~.,/t ~c,,..e ~2rw-cti- Kramer: Couldn't we adjust the figure right now? YG: I think you have the Council's sense they're going to vote on it. They just want to make sure that the numbers are right.....I don't think you'll have a problem next week. CM Press? CM Press: Mr. Kramer, would you say that (I just want to ask one question while I consider this.) Councilmember Zane's evaluation about the neighborhood and the page two parking is accurate? I didn't see you respond to that, and I'm curious about that. If we are adding 140 parking spaces, where are all those cars now, or is this anticipated business, or.... Kramer: No, it's more business than we are bringing in, but we will have more --undoubtedly more space than we need right now,. but once we're doing the structure, it would be foolish not to do it sufficient in size that it will meet our needs in the next year or two or three. There will be some little extra space., and we will take some cars off the street, and I didn't say anything because I agreed with him. That will be a by-product of what we are doing. CM Zane: Madam Mayor, I think that the motion to continue this to next week is the appropriate motion, and I think that Mr. Kramer has a sense of the Council that once those figures are provided that the Council will support. My believe is that there is a majority vote here for supporting it--I'd support it. YG: All those in favor of this motion? YG and Reed - No