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sr-010880-7b~8 Santa Monica, California, December 10, 1979 TO: The Mayor and City Council FROM: City Staff SUBJECT: Appeal, Conditional Use Permit No. 284 U.P., Expansion of Non-conforming Use., 1137 Second Street, Dinuba Avenue, Inc. Introduction This report transmits an appeal from the Planning Commission's determination granting a Conditional Use Permit for expansion of a non-conforming office building. Appeal is by a neighbor- ing property owner. Public hearing and. final decision by the City Council are set for the meeting of January 8, 1980. Background Dinuba Avenue Corp. owns an existing two-story 17,000 sq. ft. office building at 1137 Second Street. The building was con- structed in 1941, became non-conforming in 1948 dnd was subject to removal in 1973 because it is located on three R4 and one C3 lots. In 1975, a 30 year extension was granted by the Planning Commission on the condition that the building be refurbished and rehabilitated. The required improvements were completed, including sandblasting the structure to its present natural brick appearance. The building meets current parking requirements with 67 spaces. In 1978 the Planning Commission granted a Conditional Use Permit to expand the structure by the addition of a partial third floor area of 7900 sq. ft. on the condition that the parking lot be 7..~ SAN ~t ~;:..A Mayor and City Council - 2 - December 10, 1979 redesigned to accommodate 69 parking spaces, a full time parking attendant be provided to oversee and park cars and that the plan be approved by the Architectural Review Board. This decision was reversed by .the City Council on May 9, 1979 (Item 7A) and plans for the expansion were dropped until the recent action. In October, Dinuba Avenue Corporation reapplied for the third story addition. The staff recommended denial on the basis of the previous Council action, the absence of any new conditions, and the questionable fairness of reducing floor area potential in major commercial areas and then approving additional floor area for a non-conforming building with inadequate parking. Following Public Hearing on November 19, 1979 the Planning Com- mission granted the application on the following conditions: 1. That the present parking lot be redesigned to accommodate 69 parking spaces (38 compact, 30 full- sized and 1 handicapped) outlined in Mr. Linscott's report of March 1, 1978. 2. That a full time parking attendant be provided on the premises between the hours of 8 A.M. and 5 P.M., Monday through Friday, with the exception of legal holidays, to direct and oversee the parking. 3. That the proposed plan be approved by the Archi- tectural Review Board. 4. That none of .the 69 on-site parking spaces be leased to other than tenants of the building. 5. That no restaurant or other retail uses other than those secondary to and supportative of the businesses in the building, such as a dispensing optician, be located or operate within the existing and proposed structure. On November 26th, Hanaco, Inc., owner of property at 1118 Third Street appealed the Planning Commission action. The basis for Hanaco's appeal is that the third floor would interfere with Mayor and City Council - 3 - December 10, 1979 planned residential uses on their property. The Proposed'Addtion The proposed addition consists of 7900 sq. ft. of office space and a roof terrance. The structure is primarily greenhouse windows. The proposed parking layout is 69 spaces (38 compact, 30 full--sized and 1 handicapped) with a full-time parking attendant to oversee and park cars. Twenty-two of the car spaces are tandem spaces. The parking arrangement is 20 spaces short of meeting current code requirements. Alternatives Under the provisions of Section 9148 of the Santa Monica Munici- pal Code the City Council may affirm, reverse or modify any determination of the Planning Commission in the matter of a Conditional Use Permit and the decision of the City Council is final. The Council therefore has the following alternatives: 1. Determine that the third story addition would interfere with proposed residential uses on Third Street, grant the appeal and reverse the determination of the Planning Commission. The effect of this action is to leave the building essentially as it exists at present. 2. Determine that the proposed expansion would not un- reasonably interfere with adjacent residential uses, deny the appeal and affirm the Planning Commission's determination including the conditions imposed. 3. Determine that the proposed addition would not unreasonably interfere with adjacent residential uses, deny the appeal and affirm the Planning Commission's action with such modifications or additional conditions as the Council believes indicated to mitigate or re- duce the adverse impact alleged by the appellants. Mayor and City Council - 4 - December 10, 1979 Recommendation In the absence of any specific allegations of harm or inter- ference with the reasonable use of the appellant's property, it is respectfully recommended that the Council adopt Alterna- tive 2, deny the application and affirm the findings of the Planning Commission. Prepared by: James Lunsford JL:bt