M I N U T E S

REGULAR MEETING OF THE PLANNING COMMISSION

OF THE CITY OF SANTA MONICA

WEDNESDAY, NOVEMBER 19, 1997
CITY COUNCIL CHAMBERS

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

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

3. ROLL CALL:

Present:
Berton R. Bradley
Kenneth Breisch
Frank Gruber
Eric Parlee
Kathy Weremiuk
John Zinner, Chairperson

On Leave: Lou Moench

Also Present:
Kyle Ferstead, Commission Secretary
Suzanne Frick, Director of Planning/PCD
Karen Ginsberg, Planning Manager
Susan Healy Keene, Associate Planner
Bruce Leach, Associate Planner
David Martin, Senior Planner
Barry Rosenbaum, Deputy City Attorney
Amanda Schachter, Senior Planner
Gina Szilak, Assistant Planner

4. PLANNING DIRECTOR'S REPORT:

Ms. Frick gave the Director's Report. She informed the Commission about a community workshop taking place on December 6, 1997 at the Ken Edwards Center regarding "speed humps". She also informed the Commission of their upcoming meeting schedule: December 3 (a regular meeting), December 8, 10 and 13 (St. John's meetings) and December 17 (a regular meeting).

Commissioners Breisch and Parlee stated they would be unavailable on December 17.

Chair Zinner asked when Santa Monica Studios will be heard. Ms. Ginsberg stated that the tentative date is January 7, 1998.

5. APPROVAL OF MINUTES:

Commissioner Parlee made a motion to approve the minutes for October 22, 1997.

Commissioner Breisch seconded the motion. He asked that the word "plague" be amended to read "plaque" on page six. Commissioner Gruber asked that the word 'commented" be changed to "commended" on the last page of the minutes.

The motion was approved as amended by voice vote.

6. STATEMENTS OF OFFICIAL ACTION: Consent Calendar

Commissioner Breisch stated that the word "shall" should be added to Condition #19 of both Statements of Official Action.

Commissioner Gruber made a motion to approve the Statements of Official Action as amended. Commissioner Breisch seconded the motion, which was approved by voice vote

6-A: CUP 97-021, 2640 Main Street [Farmers Market]

6-B: CUP 97-022, 2233 Pico Boulevard [Farmers Market]

7. PUBLIC HEARINGS:

7-A: Amendment to Section 9.04.08.28.070 of Article IX of the Santa Monica Municipal Code. Amendment to Section 9.04.08.28.070 of Article IX of the Santa Monica Municipal Code to reinstate restaurant seating limitations in the CM Main Street Commercial District on the east side of Main Street north of Ocean Park Boulevard. Restaurants located in this portion of the CM District would be limited to a maximum of 101 seats. (Planner: Amanda Schachter)

Following the staff report, Chair Zinner closed the public hearing. No requests to speak had been submitted by the public.

Commissioner Parlee asked if 200 seats were permitted on some of the eastern blocks. Staff stated that the blocks north of Ocean Park Boulevard allow 200 seats per block. Commissioner Parlee asked about some specific wording. Staff stated that the wording was taken from the previous code language.

Chair Zinner closed the public hearing.

Commissioner Gruber stated that, grammatically speaking, the language should be "fewer" instead of "less".

Commissioner Bradley commented that this seems to be a reaction to the Edgemar project and not good planning for the future.

The Commission discussed the number of seats and how it is phrased in the proposed text amendment.

Commissioner Parlee moved the staff report with the following amendment to the language: restaurants on the east side of each block shall be limited to a maximum of 101 seats per establishment.

Commissioner Gruber seconded the motion.

The motion was approved by the following vote

AYES: Gruber, Parlee, Weremiuk, Zinner;

NOES: Bradley, Breisch (to remain consistent)

7-B: Appeal of VARIANCE 97-006, Address: 1309 Palisades Beach Road/R2B District, Appeal of the Zoning Administrator's denial of VARIANCE NO. 97-006 to allow the construction of a new three story unit over an existing bungalow, where the new building would have a 2'-8" south and 3' north sideyard setback, in-lieu of a 4' minimum setback; the second and third stories and mezzanine would have a 7'-6" frontyard setback, in-lieu of 20'; and the project would have a 74% parcel coverage in lieu of the 50% maximum parcel coverage permitted. Section 9.04.20.20.030d(i) allows the modification of yard setbacks and parcel coverage on parcels having a width of 39' or less. The subject parcel is 25 feet wide.

Variances were granted to allow: structural building elements to extend to the side property lines; parking which does not comply with current code; and Variance 95-017 was previously approved to allow a 10 foot front setback and 66% lot coverage. The project is in the R2B (Low Density Multiple Residential Beach District) at 1309 Palisades Beach Road. (Planner: Bruce Leach) APPLICANT and APPELLANT: Jim De Varennes.

CONTINUED.

7-C: Appeal of VARIANCE 97-015, 1307 Palisades Beach Road, Appeal of the Zoning Administrator's denial of VARIANCE NO. 97-015 to allow the construction of a new, 3,667 square foot single family residence with a 10 foot frontyard setback for the second, third and fourth stories in-lieu of a 20 foot minimum setback and 58% parcel coverage in-lieu of the 50% maximum parcel coverage permitted in the R2B (Low Density Multiple Residential Beach District) at 1307 Palisades Beach Road. (Planner: Gina Szilak) APPLICANT and APPELLANT: Paul Kalt.

The applicant, Paul Kalt and his architect and legal counsel, Eric M. Neshanian, Esq., 17620 La Bonita Place, Cerritos 90703, were present to discuss the project.

Commissioner Breisch asked the applicant to confirm that Mr. Kalt applied for the variance after building permits had been obtained and the project was under construction. The legal counsel answered in the affirmative. Mr. Kalt explained his case.

One member of the public, Weston Gorin, 350 South Cloverdale Avenue, Los Angeles 90046, spoke in favor of the variance.

Mr. Kalt spoke in rebuttal to the public comment.

Chair Zinner closed the public hearing.

The Commission asked staff a series of questions regarding setback requirements, FAR calculations and lot coverage.

Commissioner Gruber made a motion to deny the appeal and uphold the Zoning Administrator's determination.

Commissioner Breisch seconded the motion.

Chair Zinner asked if the motion includes the change to Finding #6. Commissioner Gruber answered in the affirmative. He also expressed sympathy with the applicants, however he stated that the Commission must uphold the City Council's direction regarding setback requirements for this area of the City. He also stated that the applicant had not proved any hardships,therefore the frindings for overturning the Zoning Administrator's determination could not be made.

Commissioner Weremiuk commented on earthquake recovery projects being an exception to the rules on Palisades Beach Road. She expressed her support for the motion.

Commissioner Parlee expressed support for the motion. He commented on the process which led to establishing the R2B District development standards.

Chair Zinner stated that the rules for this property were clearly in place when this property was purchased.

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

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

ON LEAVE: Moench.

[The Commission took a break at this time.]

7-D: Conditional Use Permit 97-019, Variance 97-026, 725 California Avenue, NWR2 District, Application for a Conditional Use Permit to permit demolition of an existing multi-purpose classroom/meeting room building, two-car garage, and guest room (Duval Center) and storage shed and construction of a two-story, 3,533 square foot multi-purpose building (new Duval Center) with classroom/meeting rooms and basement storage, and a 140 square foot earthquake storage shed. Approval of a Conditional Use Permit is required to allow educational or church uses in the NWR2 District.

Based upon a shared parking analysis, a Variance is requested to waive the requirement to provide 27 parking spaces for the new construction. (Planner: Susan Healy Keene) Applicant: Msgr. Lloyd A. Torgerson for St. Monica's Church.

Prior to the staff report, Commissioner Bradley explained why he will not excuse himself on this project.

Following the staff report, the applicant's architect, Victor Newlove, AIA, was present to discuss the project. Also present was the applicant, Msgr.. Lloyd A. Torgerson of St. Monica's Church.

The following members of the public addressed the Commission:

Mike Mottola, Parish Administrator, 725 California Avenue *

Mok Wai Wan, 1520-B Cloverfield Boulevard, Santa Monica 90404 *

Tebb Kussorow, 725 California Avenue, Santa Monica 90403 *

Melinda Cotton, 1008-B Sixth Street, Santa Monica 90403

Connie Eastman, 1041 Lincoln Boulevard #6, Santa Monica 90403

John Houston, 838 11th Street #103, Santa Monica 90403

Michael Conn, 928 Lincoln Boulevard, Santa Monica 90403

[* Those speaking in favor of the project.

One member of the public submitted a request to speak form but was not present when their name was called:

Terry Bell, 2274 Cloverfield Boulevard, Santa Monica 90405

Mr. Newlove and Msgr. Torgerson spoke in rebuttal to the public comment.

The Commission discussed the parking use and whether full parking or valet parking should be required.

Chair Zinner closed the public hearing.

Commissioner Gruber commented on the distance to the off-site lot and suggested that regular church participants, such as choir members and ushers, be encouraged to use this parking area. Chair Zinner pointed out that the problem is not just Sunday services. Ms. Frick stated that an additional problem is that activities might change.

Commissioner Bradley asked if the downtown parking study covers this area. Ms. Frick stated that the study was done for the commercial structures. Chair Zinner asked what area was covered by the study. Ms. Frick stated that the area is bounded by Wilshire Boulevard to the Santa Monica Freeway and from Ocean Avenue to Seventh Street.

Commissioner Breisch asked staff how they envision the valet parking working. Ms. Keene stated that the condition is specific to a range of time when valet parking would be required. She also stated that the applicant is responsible for devising a working plan for the valet parking. The perceived problems of valet parking were discussed by the Commission and staff.

Commissioner Breisch and Chair Zinner stated a preference for requiring off-site parking within 1000 feet of the church and the need for an overall parking plan.

Commissioner Breisch made a motion for approval with the condition that the applicant be required to lease 27 parking spaces within 1000 feet of the site and/or create another parking mitigation plan which may include, but not be limited to, attendant parking and tandem parking.

Commissioner Gruber seconded the motion.

Ms. Frick suggested that Special Condition #39 be modified with two options (1) attendant parking; and (2) evidence of a lease for 27 parking spaces at peak periods; and a parking plan to direct traffic to such leased parking spaces and ensure utilization, be provided prior to Certificate of Occupancy.

Commissioners Breisch and Gruber agreed to the suggested language.

Chair Zinner asked how this condition will be enforced. Ms. Frick stated that the applicant must supply a lease agreement and updates.

Commissioner Weremiuk expressed support for the motion. She suggested the applicant consider creating a parking plan for the high school students since a majority of the neighborhood letters commented on the problem of students parking on the street.

The motion was approved by the following vote:

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

ON LEAVE: Moench.

[Following item 7-E, Ms. Frick asked for clarification that the motion for 7-D included the modified language for Condition #39.]

7-E: Conditional Use Permit 97- 020, 1955 Centinela Avenue, LMSD District, Conditional Use Permit 97-020 to allow a portion of the Metropolitan Transportation Authority (MTA) rail right-of-way, west of Centinela Avenue, to be used for production studio equipment storage. The project is in the LMSD (Light Manufacturing Studio) District. Santa Monica Municipal Code Section 9.04.08.35.030(n) authorizes the proposed use with the approval of a Conditional Use Permit. (Planner: Bruce Leach) APPLICANT: North Shore Productions.

The applicant, Mike Beshem, was present to discuss the project.

The following members of the public spoke:

Bernard Perloff, 321 Hampton Drive, Venice 90291

Roger Hartmann, 3054 Delaware Avenue, Santa Monica 90404

Ken Ward, P.O. Box 5594, Santa Monica 90409

Mr. Beshem spoke in rebuttal to the public comment.

Chair Zinner closed the public hearing.

Commissioner Parlee commented on the difficult aspects of this request, especially as regards the MTA ownership of the property in question.

Commissioner Gruber expressed preference for temporary use permits for the property due to the MTA ownership.

Ms. Frick stated that staff has spoken to the MTA and they want the revenues generated from leasing the railroad right-of-way.

The Commission discussed their preferred uses for the railroad right-of-way and how temporary and/or conditional uses interfere with goals of the General Plan. Deputy City Attorney Rosenbaum reminded the Commission that a TUP is not before the Commission. He also reminded the Commission that CUPs run with the land.

Commissioner Breisch stated that the proposal is contrary to the General Plan and it would be impossible for him to support granting a CUP.

Commissioner Parlee asked if it would be possible to extend the TUP. Ms. Frick explained that TUPs are meant for uses such a holiday tree lots and short term construction uses, not for uses that extend beyond one year.

Commissioner Weremiuk made a motion for denial with staff's recommendations.

Commissioner Breisch seconded the motion.

The motion to deny the CUP was approved by the following vote:

AYES: Bradley, Breisch, Gruber, Weremiuk, Zinner; ON LEAVE: Moench;

NOES: Parlee.

Commissioner Parlee stated for the record that his negative vote is because he feels it is harmful not to renew the TUP for this particular applicant.

8. DISCUSSION:

8-A: Discussion Regarding the Rules, Hours, Dates and Locations for Conducting the St. John's Public Hearings.

Chair Zinner opened the discussion by saying that the applicant has already requested an hour to speak. Commissioner Weremiuk requested that all hearings adjourn by 11 p.m. Commissioner Parlee stated that he will be out of town on Saturday, December 13. Commissioner Breisch suggested that the week-night meetings start at 6:00 p.m. The Commission agreed that if more than 40 members of the public requested to speak, they would be limited to two minutes each. Ms. Frick recommended that staff meet with the Chair to discuss the structure of the debate.

8-B: Discussion of Board and Commission Directory Information. Request of J. Zinner on November 12, 1997.

The Commission came to the consensus that they would prefer the use of the City Hall address be used for the Internet Board and Commission Directory. They also stated that their addresses and business telephone numbers could remain in the printed Directory. The Commission asked staff to obtain the correct forms from the Clerks office for revising the Directory listings.

9. COMMISSION AGENDA:

Commissioner Gruber asked about the status of Commissioner Moench. Ms. Frick stated that Commissioner Moench has asked for a leave of absence through the end of the year.

Ms. Frick announced that the budget priority discussion would be held on December 3, 1997.

Chair Zinner confirmed that the Saturday, December 13, 1997, meeting would begin at 10:00 a.m.

10. PUBLIC INPUT: None.

11. ADJOURNMENT: The meeting was adjourned at 10:50 p.m.

APPROVED: MARCH 4, 1998