> ## Content Index > Fetch the complete content index at: https://www.smdp.com/llms.txt > Use this file to discover other available public pages before exploring further. # Complaint won’t halt condo plan - URL: https://www.smdp.com/complaint-wont-halt-condo-plan/ - Published: 2008-02-14T16:00:00.000Z - Updated: 2026-10-24T18:28:56.000Z - Author: Melody Hanatani - Tags: Real Estate & Housing, Mid-City, #archive-import *Council approves new development FROM THREAT PAGE 1* MID-CITY A proposal to construct condominiums at the site of a former convalescent home got the green light from City Council on Tuesday night, shooting down an appeal filed under the grounds that the developer circumvented the public input process by making a death threat against a project opponent. The council’s denial of the appeal paves the way for the developer to begin constructing a more than 27,000 square foot, 19-unit condominium complex at 1433-37 14th St., which up until November of last year was the Crescent Bay Convalescent Hospital. The property owner — 1433-1437 14th Street LLC — is proposing to demolish the convalescent home and in its place, erect a three-story, 35-foot tall condominium project that will include a combination of two-and three-bedroom units as well as townhouse-style units. Below the units will be a 42-space partially subterranean parking garage. The centerpiece of the condominium will be a central courtyard, housing a fountain and serving as a common space for occupants. The proposal has undergone various changes since it was introduced before the Planning Commission in June, most of which have resulted in the reduction of the size and mass of the project relative to the surrounding buildings, an issue that was noted in the appeal. “The project has gone through many iterations to get to a point supportive of the Planning Commission as well as staff,” city Planning and Community Development Director Eileen Fogarty said at the council meeting. The Planning Commission approved development permits at its meeting in October and that decision was later appealed by neighbor Elaine Antonio, contending that the proposed project is too large for the neighborhood and would only aggravate traffic and create a bottleneck in an adjoining alley. Antonio also stated in the appeal that there is a need to continue the operation of the convalescent facility because of the loss of such care facilities for the elderly. The Planning Commission is currently conducting a study of convalescent homes in Santa Monica, according to City Councilmember Kevin McKeown. But it was the alleged threat that took center stage during the public hearing. Antonio claimed that after a neighbor had submitted a letter to the city planning office opposing the project, a strange man who identified himself as the developer contacted the resident, threatening to kill them if they did not rescind the correspondence. Any letter submitted to the city addressing a pending project is public record and can be accessed by any interested party. Afraid for their safety, the neighbor contacted the planning office on June 19, a day before the Planning Commission met to discuss the project, removing the letter from the commission’s correspondence files, Antonio said. No other neighbor spoke during the council meeting. “Citizens should be allowed to participate in government without fear of reprisal,” Antonio said. Visibly upset by the turn of events leading up to the council meeting, Antonio expressed her frustration that the June public hearing had even taken place, claiming she contacted a city planning staff member who assured her that a project for which a death threat was made would not be allowed to proceed. The staff member immediately contacted the City Attorney’s Office who then notified the Santa Monica Police Department, Fogarty said. An investigation was conducted by the police department but there was insufficient evidence to back the claims and the neighbor that allegedly received the threatening call refused to speak about the conversation, according to city staff. City Attorney Marsha Moutrie said that police officers did note the alleged victim seemed frightened during the investigation. Santa Monica attorney Kevin Kozal, who is representing the developer, said that he has no knowledge of any threats being made and that he learned about the issue for the first time that evening. He added that while the alleged threat is hearsay and there is no direct evidence, there is no way the developer would allow threats to the public process. Kozal also countered some of the arguments made in the appeal about congestion, pointing out that an environmental review of the project shows that it will actually generate less traffic than the previous use. He added that there is no legal ground to deny the project based on the previous use of the site. The issue of the alleged threats concerned several councilmembers, who said it was disturbing and intolerable in Santa Monica. “This city does not tolerate that kind of behavior,”Mayor Pro Tem Richard Bloom said. Councilmember Bob Holbrook added that he has received threats personally since serving on the council, though he doesn’t take them seriously. His family members did though. “It’s shocking to hear these allegations,” Holbrook said. “I looking forward to (paying) diligence to make sure nothing like this goes on or reoccurs.” The project itself did receive positive comments from some councilmembers. Councilmember Ken Genser said he finds it would add to the neighborhood and appreciated the openness brought on by the courtyard. “It makes a positive difference,” Genser said. *Originally published in the Santa Monica Daily Press print edition on February 14, 2008.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/021408.pdf?ref=smdp.com)