M I N U T E S

REGULAR MEETING OF THE PLANNING COMMISSION

OF THE CITY OF SANTA MONICA

Founded 1875

"Populus felix in urbe felici"

WEDNESDAY, NOVEMBER 20, 1996
CITY COUNCIL CHAMBERS

7:00 P.M.
ROOM 213, CITY HALL

2. PLEDGE OF ALLEGIANCE: Commissioner Moench led the Pledge of Allegiance.

3. ROLL CALL: Present: Berton R. Bradley

Kenneth Breisch

Frank Gruber

Lou Moench

Eric Parlee, Chairperson

Kathy Weremiuk

John Zinner

Also Present: Kyle Ferstead, Commission Secretary

Suzanne Frick, Director of Planning/PCD

Susan Healy Keene, Associate Planner

Bruce Leach, Associate Planner

David Martin, Acting Senior Planner

Mary Strobel, Deputy City Attorney

Gina Szilak, Assistant Planner

4. PLANNING DIRECTOR'S REPORT:

Ms. Frick gave the Director's Report. She announced the Airport Non-Aviation Land Tour will be on Sunday, November 24, 1996, and invited the Commission to attend. She also announced the upcoming Commission meetings as follows: December 4th, December 11th, which is a joint study session with the Housing Commission and January 8, 1997. She stated that staff is expecting to hold two to three public hearings on the Draft Housing Element, beginning in January.

Commissioner Moench asked about the format for reviewing the Draft Housing Element. Ms. Frick explained that the joint study session with the Housing Commission will be an informational meeting. In January, the public hearings will begin with both Commissions comments and recommendations will be forwarded to City Council in late February or early March.

Chair Parlee asked about the City Council's ruling on the second unit issue. Ms. Frick stated that the City Council has adopted an Interim Ordinance for second units in the R-1 District under very limited standards and hardships. She stated that the Interim Ordinance is valid for eighteen months and will be consolidated in the Housing Element process with the result of a permanent ordinance in approximately six months.

Commissioner Zinner asked if the Commission will be allowed input in this process for the second units. Ms. Frick answered in the affirmative.

Chair Parlee asked if there is a definition for "hardship". Ms. Frick stated that a definition has not been written, however administrative guidelines are being developed. Chair Parlee asked that this item can be scheduled for discussion.

Ms. Frick reported that the Airport Task Force will be meeting in January and the date will be given to Commissioners Bradley and Parlee. Commissioner Moench also asked to be notified.

5. APPROVAL OF MINUTES: Minutes were not submitted for approval.

6. STATEMENTS OF OFFICIAL ACTION: Consent Calendar

Commissioner Zinner made a motion to approve the Statement of Official Action for TPC-327 as submitted. Commissioner Moench seconded the motion, which was approved by voice vote.

A. TPC 327, VTTM 52232, 1133 Fifteenth Street.

7. PUBLIC HEARINGS: Consent Calendar

Ms. Frick stated that staff recommends amending Condition #10 of Consent Calendar item 7B to include "The temporary nature of this project shall be taken into consideration as part of this determination." Deputy City Attorney Strobel stated an additional condition should be added that "The permit shall be valid for a period of two years from the effective date of approval."

Commissioner Bradley made a motion to approve the Consent Calendar with item 7B as amended per staff's recommendation. Commissioner Breisch seconded the motion, which was approved by voice vote.

A. Tenant-Participating Conversion Case TPC-329, Vesting Tentative Tract No. 52256, 1846 Ninth Street, R2, Application for a Tenant-Participating Conversion and Vesting Tentative Tract Map to convert a 5 unit apartment building into condominiums. (Planner: Susan Healy Keene)

B. Conditional Use Permit 96-020, 1418 Fifth Street, C3C (Downtown Overlay) District, Applicant: David Forbes Hibbert, A.I.A., Application to allow a surface parking lot on the vacant lot at 1418 Fifth Street, the southwest corner of Fifth Street and Santa Monica Boulevard. (Planner: Bruce Leach)

8. PUBLIC HEARINGS:

A. Appeal of Variance 96-025, 1411 Seventh Street, C3 (Downtown Commercial) District, Applicant/Appellant: Gary Robert Baker, Appeal of the Zoning Administrator's determination denying a variance request to permit a 2,922 square foot second story office addition without complying with off-street parking requirements. (Planner: Bruce Leach)

The applicant/appellant, Gary Robert Baker, and his partner, Roxanne White, were present to argue the appeal.

Commissioner Gruber asked Mr. Baker for the square footage of his current location and the proposed square footage of his new building with the addition. Mr. Baker stated that his current location is 3,000 square feet and his new location will be 10,400 square feet.

Commissioner Gruber commented that the business space size was being tripled. Ms. White explained that many things the business does off-site now will be done in-house when they can accommodate more equipment. Commissioner Gruber asked if this would not necessitate more employees on-site. Mr. Baker stated that the change would not result in more employees, but would result in fewer vehicle trips to off-site vendors.

Commissioner Bradley asked about the need for a loading dock. Mr. Baker stated that a loading dock would not be needed.

Commissioner Zinner asked about a letter of intent for off-site parking. Mr. Baker stated that there is ample parking available in the vicinity including the Main Library metered lot at Seventh Street and Santa Monica Boulevard and a privately owned lot at Fifth Street and Santa Monica Boulevard. Ms. Frick cautioned the Commission regarding requiring off-site leased parking spaces.

Chair Parlee asked if either parking lot would have eleven spaces available for lease. Ms. White stated that one lot could lease five spaces and the six additional spaces could be leased at an alternate location.

Commissioner Zinner expressed a preference for allowing the lesser amount of tandem spaces.

Commissioner Breisch asked if the printers would now be coming to the new location, which would require more parking spaces on-site. Ms. White stated that only messengers would be coming to the new location.

Chair Parlee asked if the existing parking was tandem. Mr. Baker stated that there are 24 parking spaces on-site which meets current code requirements.

Chair Parlee closed the public hearing.

Commissioner Breisch stated his understanding that Lot 18 (the Main Library metered parking lot) is dedicated to the future expansion of the Main Library facility. Ms. Frick stated that this is correct and that she is reluctant to allow public parking spaces for private development.

Chair Parlee asked if there are any excess library parking spaces in Lot 18. Ms. Frick answered in the negative and explained that the City leases a certain amount of parking spaces on a first come, first serve basis, and the spaces are not dedicated for specific businesses. City parking permits are also limited to short erm users.

Commissioner Zinner asked staff for past policy on obtaining off-site required parking spaces within a certain radius. Ms. Frick stated that the Municipal Code specifies within 300-feet, but variances have been granted.

Commissioner Gruber asked about the downtown parking assessment district and parking requirements for the Third Street Promenade. Ms. Frick stated that the City does sell a small percentage of parking permits in the public parking lots and structures, but noted that Lot 18 is not part of the downtown parking assessment district.

Commissioner Gruber asked Deputy City Attorney Strobel to read into the record the standard findings to grant a variance. Deputy City Attorney Strobel read the following from Section 9.04.20.10.50:

(a) There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings, or the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification.

(b) The granting of such variance will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located.

(c) The strict application of the provisions of this Chapter should result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships.

(d) The granting of a variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, nor to the goals, objectives, and policies of the General Plan.

(e) The variance would not impair the integrity and character of the district in which it is to be located.

(f) The subject site is physically suitable for the proposed variance.

(g) There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed variance would not be detrimental to public health and safety.

(h) There will be adequate provisions for public access to serve the subject variance proposal.

(i) For the reduction of the automobile parking space requirements, the reduction is based and conditioned upon an approved parking reduction plan that incorporates transportation control measures that have been demonstrated to be effective in reducing parking needs and that are monitored, periodically reviewed for continued effectiveness, and enforced by the City as contained in Section 9.04.10.08.050 of this Chapter.

Commissioner Gruber commented that all the subsections are needed for approval of a variance. He asked if a variance is still required if the parking requirements are met by leased spaces off-site. Ms. Frick stated that a variance is needed either with off-site parking spaces or with tandem parking spaces.

Commissioner Weremiuk asked if other permitted uses in the district have a lesser parking requirement. Mr. Martin stated that in the C3 District, only residential uses has a lower parking requirement.

Commissioner Weremiuk, asked if the City allows "lifts" for parking. Ms. Frick stated that they are allowed, however they generally take more space than surface parking and they also require a variance.

Commissioner Weremiuk commented that she would like to allow the variance, however she can not support the waiving of parking requirements. She suggested a Text Amendment be done to allow the use in question (production and post-production facilities) with less required parking.

Commissioner Bradley commented that this appears to be a special use and that there is parking available nearby. He suggested utilizing a Transportation Management Plan (TMP). He asked if a TMP could be made part of a covenant and agreement to run with the property and updated annually or bi-annually. Deputy City Attorney Strobel stated that such a condition could be made part of the variance and could be recorded against the property. She stated that it would be hard to enforce such a condition.

Commissioner Gruber expressed sympathy for the applicant, however the proposal is to triple the floor area of the structure and he stated his opinion that there would soon be more than nineteen employees on-site.

Chair Parlee expressed sympathy for the situation as regards the tandem parking spaces, however felt that the parking requirements should be met.

Commissioner Zinner stated that tandem spaces are adequate and that a TMP would be hard to enforce.

Chair Parlee asked how much space in the structure would be dedicated to equipment. Commissioner Breisch commented that, in his view, if the applicant is moving from the use of drafting table to personal computers, less space is needed for equipment.

Commissioner Moench stated that he is never in favor of more parking spaces, however this situation involves a larger perspective.

Ms. Frick stated that there are reduced parking requirements for this use in the Light Manufacturing and Studio District (LMSD), however this use is not a permitted use in the C3 District. She suggested that the Zoning Administrator may allow like uses which would require a ratio of 1:400 spaces, thereby this applicant would be required to have 25 parking spaces on-site and they currently have 24 parking spaces on-site.

A discussion followed regarding various permitted uses and categories as defined in the both the C3 and LMSD districts. Ms. Frick suggested that the matter be continued so that staff can review various options. She stated that the applicant would still be at least one parking space short and still require a variance.

Commissioner Weremiuk made a motion to continue the appeal to December 4, 1996. Commissioner Zinner seconded the motion, which was approved by unanimous voice vote.

CONTINUED TO DECEMBER 4, 1996.

B. Appeal of Adjustment 96-001, 1219 California Avenue, R2NW (Low Density Multifamily, North of Wilshire Residential) District, Applicant: David Partovi, Appeal of Zoning Administrator determination denying an adjustment request to allow a 1 foot height adjustment, e.g. a 54-inch fence in-lieu of the maximum 42-inch fence within a frontyard setback per Section 9.04.20.34.03(c). (Planner: Gina Szilak)

The applicant/appellant, David Partovi, 1219 California Avenue, was present to argue his case.

One member of the public, Peter Herley, 105 Dominican Drive, San Rafael 94901, addressed the appeal for his mother, Hedy Herley, 1225 California Avenue, Santa Monica.

Mr. Partovi spoke in rebuttal to the public comment.

Chair Parlee closed the public hearing.

Commissioner Weremiuk asked about the recommendation to reduce the front wall to 45-inches and the sidewalls. Ms. Frick explained that an Adjustment allows the fence height to be one foot above the allowable 42-inch fence in the front yard setback. She stated that the height of the front wall is the only issue under appeal. She also stated that the visibility issue for the sidewalls is an enforcement issue.

Commissioner Weremiuk moved the staff report to uphold the variance and deny the appeal.

Commissioner Zinner seconded the motion.

Commissioner Gruber asked Deputy City Attorney Strobel about the findings for an Adjustment. Deputy City Attorney Strobel stated that the findings are similar to those found in the Variance section of the code.

Commissioner Gruber asked about the issue of topography raised by the applicant. Ms. Frick explained there is only a three-inch grade difference.

Commissioner Gruber commented that the front fence is "oppressive" and "out of kilter" with the neighborhood.

Commissioner Weremiuk asked if the Commission can direct the Architectural Review Board (ARB) to review the design of the front fence. Ms. Frick stated that the ARB has already reviewed the site additions, but did not see a fence detail. She stated that a condition could be added for ARB review.

Commissioner Weremiuk amended her motion to add a condition that the ARB review the front wall design. Commissioner Zinner agreed to the condition.

There was a discussion regarding what the ARB could review. Ms. Frick stated that the ARB does not have the authority to change the height of the fence. Deputy City Attorney Strobel stated that the issue being heard this evening is the appeal of the denial of an Adjustment and that if the appeal is denied, then the fence needs to changed. She stated that is a jurisdictional question whether the fence goes to the ARB.

Chair Parlee made a substitute motion to deny the appeal.

Commissioner Gruber seconded the motion.

Commissioner Breisch asked if the first motion is approved, then staff determines if it is appropriate for the ARB to review the fence design. Commissioner Zinner stated that this is correct, the first motion is "as allowed by staff".

The original motion to deny the appeal was approved by the following vote:

AYES: Bradley, Breisch, Gruber, Moench, Parlee, Weremiuk, Zinner.

Commissioner Weremiuk made a motion to ask staff to review the ARB mechanisms that would allow the Board to review the fence design for this site.

Commissioner Breisch seconded the motion.

The motion was approved by the following vote:

AYES: Bradley, Breisch, Gruber, Moench, Parlee, Weremiuk, Zinner.

C. Conditional Use Permit 96-017, 1411 Lincoln Boulevard, C4-Highway Commercial District, Applicant: Sav-On Drug Store, Application for a Conditional Use Permit to allow a Type-21 (Off-Sale General) alcohol license to be used in conjunction with operation of a Sav-On Drug Store (formerly Standard Brands Paint Store); a drug and variety store located at 1411 Lincoln Boulevard in the C4 (Highway Commercial) District. The applicant is requesting that alcohol sales be allowed from 6:00 a.m. to 2:00 a.m. (Planner: Gina Szilak)

The applicant's representative, Robert Cannon, 19 West Monte Cristo, Phoenix, AZ 85023, was present to discuss the application.

Chair Parlee closed the public hearing.

Commissioner Weremiuk asked if the requested alcohol sales hours of 6 a.m. to 2 a.m. were normal hours. Mr. Martin stated that the hours are consistent with the hours allowed for the Vons market located in the same vicinity.

Deputy City Attorney Strobel stated for the record that State law regulates the hours alcohol may be sold and that local jurisdictions can further regulate the hours of alcohol sales as long as they do not interfere with State law. She stated that the applicant has submitted a letter to the Police Department, dated October 9, 1996, which sets forth conditions for alcohol sales rules. She also stated that because these conditions were submitted voluntarily, enforcement will be easier from a legal standpoint.

Commissioner Gruber expressed a desire to limit alcohol sales hours. He proposed limiting the alcohol sales hours to midnight due to problem nature of Lincoln Boulevard in this general area. Deputy City Attorney Strobel stated that more restrictive hours are not in direct conflict with State law.

Commissioner Weremiuk made a motion for approval of the staff report with the condition that alcohol sales cease at midnight (amending Condition #6) and that the applicant's voluntary conditions be included as part of the project conditions.

Commissioner Gruber seconded the motion.

There was a discussion as to whether the restricted hours were arbitrary, however it was noted that the applicant agreed to the reduced hours.

The motion was approved by the following vote:

AYES: Bradley, Breisch, Gruber, Parlee, Weremiuk, Zinner.

NOES: Moench.

9. OLD BUSINESS: NONE.

10. NEW BUSINESS: NONE.

11. DISCUSSION: NONE.

12. COMMUNICATIONS:

A. Planning Commission Caselist

B. Appeal of Planning Commission Decision to City Council

1. None

13. COMMISSION AGENDA:

Commissioner Moench asked that at some future date there be discussions on hours of operation for alcohol sales and the overall parking policy of the City.

14 PUBLIC INPUT: NONE.

15. ADJOURNMENT: The meeting was adjourned at approximately 9:30 p.m.