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Title:
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Consideration of Initiation of Appeal of the Community Development Director’s Decision Approving an Administrative Site Plan Review to Allow a Two Story Addition for Office Space and One Residential Unit to an Existing Building Located at 9355 Culver Boulevard, an Administrative Use Permit for tandem Parking, and an Administrative Modification to Reduce the Number of Required Parking Spaces by One Space.
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City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
That the City Council consider the initiation of an appeal of the Community
Development Director’s decision approving an Administrative Site Plan Review to
allow a two story addition for office space and one residential unit to an existing
building located at 9355 Culver Boulevard, an Administrative Use Permit for tandem
parking, and an Administrative Modification to reduce the number of required parking
spaces by one space.
BACKGROUND/DISCUSSION:
On January 19, 2010 an Administrative Site Plan Review to allow a two story
addition for office space and one residential unit to an existing building located at
9355 Culver Boulevard, an Administrative Use Permit for tandem parking, and an
Administrative Modification to reduce the number of required parking spaces by one
space was approved. The approval is subject to a 15 day appeal period, which ends
on February 3, 2010. The subject Decision Letter is attached.
On January 25, 2010, Councilmember Armenta requested an opportunity to discuss
the decision. Zoning Code Section 17.640.015 states:
“A member of the Council may request the opportunity to discuss any
decision previously rendered by the Director [of Community
Development] or [Planning] Commission; however, a majority vote of
the Council is required to initiate an appeal of the decision. Once
Meeting Date: 2/1/2010 Item Number: A-1
AGENDA ITEM: Consideration of Initiation of Appeal of the Community
Development Director’s Decision Approving an Administrative Site Plan Review
to Allow a Two Story Addition for Office Space and One Residential Unit to an
Existing Building Located at 9355 Culver Boulevard, an Administrative Use Permit
for tandem Parking, and an Administrative Modification to Reduce the Number of
Required Parking Spaces by One Space.
Contact Person/Dept.: Thomas Gorham Phone Number: (310) 253-5702
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [ ] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (E-Mail) Meetings and Agendas – City Council (01/28/10); Applicant
and property owner (1/27/10).
Department Approval:
Sol Blumenfeld (01/27/10)
City Attorney Approval:
Carol Schwab (by H. Baker)(01/27/10)
Chief Financial Officer Approval:
Mark Scott (by N. Kimball) (01/27/10)
City Manager Approval:
Mark Scott (01/27/10) City of Culver City, California
City Council Agenda Item Report
the vote to initiate an appeal is passed by a majority, the matter shall
be scheduled for hearing. The decision of the Council on the appeal
shall be final and shall become effective upon adoption of the
resolution by the Council.” [emphasis added]
Pursuant to Councilmember Armenta’s request, this item has been agendized
tonight for the City Council to consider initiation of an appeal.
In deciding whether to appeal the decision, the City Council should be aware of
Zoning Code Section 17.640.030 C. “Required Statement and Evidence” which
outlines the basis for appeals:
1. Applications for appeals shall include a general statement specifying the basis for
the appeal and the specific aspect of the decision being appealed.
2. Appeals shall be based upon an error in fact, dispute of findings or inadequacy of
conditions to mitigate potential impacts.
3. Appeals shall be accompanied by supporting evidence substantiating the basis
for the appeal.
Although the City Council is not required to formally submit a written application
setting forth the above, if an appeal were to be initiated, the City Council would need
to make the appropriate findings in making a decision on such appeal.
If a majority of the City Council votes to initiate an appeal of the decision, then the
matter will be scheduled for a public hearing before the City Council with proper
notice provided to the applicant and all those previously noticed (property owners
and occupants within 500-feet of the proposed project) at least 21 days prior to the
hearing.
FISCAL IMPACT:
There is a staff cost associated with processing an appeal, which varies with the
complexity of the appeal. Typically, a portion of this staff cost is recovered through
an appeal fee, which is currently “1/2 the current application fee or $1,500,
whichever is less” as adopted in the 2009-10 fee schedule. Since the City would be
appealing party in this particular instance, there would be no appeal fee, but there
would still be the associated staff cost to process the appeal.
ATTACHMENTS:
1. January 19, 2010 Decision Letter
City of Culver City, California
City Council Agenda Item Report
MOTION:
That the City Council:
1A.Initiate an appeal of a decision approving an Administrative Site Plan Review to
allow a two story addition for office space and one residential unit to an existing
building Located at 9355 Culver Boulevard, an Administrative Use Permit for
tandem parking, and an Administrative Modification to reduce the number of
required parking spaces by one space.;
OR
1B. Take no action.
MEETING DATE: 02.01.10
AGENDA ITEM: Consideration of Initiation of Appeal of the Director’s
Decision Approving an Administrative Site Plan Review
to Allow a Two Story Addition for Office Space and One
Residential Unit to an Existing Building Located at 9355
Culver Boulevard, an Administrative Use Permit for
tandem Parking, and an Administrative Modification to
Reduce the Number of Required Parking Spaces by One
Space.
ATTACHMENTS
Pages
1. 9355 Culver Blvd., Decision Letter January 19, 2010 1-20 ATTACHMENT 1
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