By Daniel Larios
Staff Writer

November 25, 2014 -- The owner of a two-story apartment building project in Santa Monica that has been nearly two decades in the making has appealed a Planning Commission decision denying the permits necessary to complete the project.

The appeal will further delay the fate of the unfinished four-unit complex on the southeast corner of Broadway and Stanford Street that neighboring residents have long considered an eyesore on the leafy residential street.

Naren Desai, who began building the structure in 1998, will present his case to the Santa Monica City Council likely next Spring, said City Clerk Sarah Gorman.

Desai filed an appeal on November 4 of the Planning Commission decision last month to deny the permits because the project lacked parking, posed safety concerns and would not produce enough affordable housing to merit concessions.

“We’ve tried all avenues available to us to rebuild, even trying to classify it as a senior housing project, which would allow me to build without asking for a parking variance,” said Desai, who hopes to live on site if the building is completed. 

However, if the Council upholds the Planning Commission’s decision, Desai will be finished with the project altogether.

“I followed the City staff’s recommendation and changed the plan,” said Desai.  “If they turn me down, then I would probably be forced to demolish the structure and end up with an empty lot.”

The design compatibility permit Desai sought included concessions to residential zoning standards regarding front-yard and side-yard setbacks and first and second floor parcel coverage. 

He was also seeking a parking variance that would allow three surface parking spaces accessible from the alley in lieu of the mandated eight spaces required by the Municipal Code. 

Desai applied for a building permit in 1997 after the City relaxed its standards under a temporary ordinance, allowing him to build an apartment complex to replace the four single-family houses damaged in the 1994 Northridge earthquake.

By 1998, Desai had hired a contractor and began construction. But soon, they found themselves at odds.

What started as a dispute between Desai and the contractor led to a heated legal battle that lasted until late 2007.  By then, the City ordinance that allowed earthquake-battered buildings to be rebuilt with certain concessions had expired, as had Desai's permits.

All along, the building has sat unfinished, despite repeated complaints by neighbors.
Since 2001, 19 formal complaints have been filed against the property, with no open cases currently pending, according to City officials.

In April of 2013, a joint inspection of the property was conducted by inspectors from the Building and Safety Division, the Fire Department and the Code Enforcement Division.

The inspection “found that the structure is sound, no property maintenance issues were identified and the condition of the property did not constitute a fire hazard,” Joe Trujillo, the City’s Code Enforcement Division manager, told the Lookout in April.  

At their meeting October 22, however, Planning Commissioners sided with neighbors who testified that the unfinished building had been allowed to stand for far too long.

“When you go past it, it looks as though this building is completely derelict and, having been out in the weather all the time, should be demolished rather than rebuilt,” said Planning Commissioner Richard McKinnon.