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# Developer finally gets approval after four years
- URL: https://www.smdp.com/developer-finally-gets-approval-after-four-years/
- Published: 2002-07-27T15:00:00.000Z
- Updated: 2026-10-23T00:34:19.000Z
- Author: Andrew Fixmer
- Tags: Real Estate & Housing, Montana, #archive-import

*Condo project takes four years to receive approval*

It took a lawsuit, a settlement, and a four-year review process, but a 10-unit luxury condominium project near Montana Avenue will finally be built.

The Santa Monica City Council helped broker an agreement this week between the project’s developer, Gerald J. Marcil, and residents living near 834-838 16th Street, where construction of the building will take place. The complex will be built between Montana Avenue and Idaho Avenue, on 16th Street.

“I want to congratulate the residents and developers for working together on this,” said Councilman Richard Bloom. “This is the way we like to see things done in Santa Monica and though we can’t give priority to projects going through administrative review, I hope these guys get a quick approval.”

Resident Robin Wainer, a former chairman of the Wilshire-Montana Neighborhood Association said the residents should be commended for organizing and forcing the developer to make changes on his project.

3AA,“This is what Santa Monica democracy is all about,” he said.

However, it did take four years and a lawsuit.

Marcil agreed to lower the height of the building by more than six feet, make the building’s appearance smaller in size, and make numerous other adjustments in exchange for approval.

“We have worked diligently for years to get this project approved,” said Norman Saltair, the project’s general contractor.

Four years ago Marcil proposed combining 834-838 16th Street into one lot where two Mediterranean-style buildings would face each other across a shared interior courtyard.

But the project was denied in July 2000 by the planning commission and in August 2000 by the city council for being too tall and not fitting in with the character of the neighborhood — even though it conformed to all the city’s zoning and building codes.

Two months later Marcil filed a lawsuit against the city challenging the denial of his project.

But then city officials entered into an agreement with Marcil that says the city council will approve the project after it is redesigned to lower its height from 30 to 23 feet and its overall size reduced. In turn, Marcil had to drop his lawsuit, but if the project was not approved after redesign, he could continue with his suit.

The project then went through a year-long redesign process and Marcil undertook an extensive outreach program to the neighborhood, he claims. However, residents deny hearing from company officials until a week before the project was scheduled to appear in front of the city council on July 9.

“The process in Santa Monica of getting a project approved is too brutal — there is a substantial cost to carry it this far,” Marcil said. “The process must be streamlined and speeded up somehow, it just doesn’t work out for us.”

City council members delayed approving the project another two weeks to allow nearby residents a chance to discuss changes they wanted made. The council ordered city staff to organize and mediate a meeting between the two sides, which was held last week at the Ken Edwards Center.

A number of small changes were made to give residents more privacy and better views, but many of the larger changes they wanted could not be accommodated.

“I think there was a sense of agreement,” Saltair said. “We had a discussion and talked about what we could and could not do.”

Residents wanted the condominium’s height reduced another few feet, but architects said lowering the building any further would negatively affect the subterranean parking and the stability of the structure.

Residents also wanted the buildings’ traffic to empty out into the street instead of the alley, which they believe has become too crowded.

“The project will be a tremendous burden on the neighborhood,” said resident Karen Leader. “The last two developments essentially blocked the alley for long periods of time, and as almost anyone on our street can attest, as the traffic has increased in the alley it has ceased being an effective route for traffic.”

Some residents felt the building still does not fit into the neighborhood, which consists of some single-family homes but is predominantly lined with two-and three-story apartment complexes, which is what Marcil is proposing.

“While I believe it is an attractive building, I still believe it’s too big for the neighborhood,” said resident Louise Gibson. “But I guess that’s a nationwide trend that developers are buying up multiple lots across the country and building these large buildings.”

*Originally published in the Santa Monica Daily Press print edition on July 27, 2002.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/072702.pdf?ref=smdp.com)