M I N U T E S

SPECIAL MEETING OF THE PLANNING COMMISSION

OF THE CITY OF SANTA MONICA

WEDNESDAY, APRIL 22, 1998 CITY COUNCIL CHAMBERS

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

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

3: ROLL CALL: Present: Berton R. Bradley

Kenneth Breisch

Frank Gruber

Eric Charles Parlee

Kathy Weremiuk

John Zinner, Chairperson

Also Present: Kyle Ferstead, Commission Secretary

Suzanne Frick, Director of Planning/PCD

Karen Ginsberg, Planning Manager

Bruce Leach, Associate Planner

Bradley J. Misner, Assistant Planner

Barry Rosenbaum, Deputy City Attorney

Amanda Schachter, Senior Planner

4: PLANNING DIRECTOR'S REPORT:

Ms. Frick gave the Director's Report. Ms. Frick reported that the City Council has approved the Housing Element with minor modifications. She also reported that the residential development standards have been continued to May. Upcoming meetings are scheduled as follows: May 20^th, May 27^th, June 10^th and June 17^th. Ms. Frick stated that Santa Monica Studios has elected to do some design changes and the public hearings will be delayed until autumn.

Commissioner Gruber commented on how the Saint John's design was presented to the Commission and asked if the Commission would have some discretion on the Santa Monica Studios design prior to formal project review. Ms. Frick answered in the negative.

Chair Zinner asked if a consultant had been chosen for the transit mall. Ms. Ginsberg stated that the committee has a recommendation. Ms. Frick stated that the recommendation will go to City Council either May 12^th or May 26^th and the staff report can be forwarded to the Commission.

Commissioner Weremiuk asked when the Downtown Urban Design Working Group will be meeting again. She stated that the Bayside District Corporation is asking. Ms. Frick stated that the scoping has been completed as well as the Request for Proposal (RFP) is done, and interviews of consultants is beginning. She expects the group will convene in June or July.

Commissioner Gruber asked about the scheduling for making Broadway two-way. Ms. Frick stated that it had been planned to make Broadway two-way by Memorial Day, however there have been some problems with obtaining cooperation from Santa Monica Place.

Commissioner Weremiuk asked how the new parking on Fourth Street is working. Ms. Frick stated that it is working exceptionally well.

Chair Zinner expressed the Commission's regret that Commissioner Breisch had missed the previous week's discussion on 415 PCH.

5: STATEMENTS OF OFFICIAL ACTION:

A: Conditional Use Permit 97-030 and Vesting Tentative Tract Map 52412, 844 Seventeenth Street.

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

1. PUBLIC HEARINGS: Consent Calendar

Commissioner Parlee made a motion to approve the Consent Calendar. Commissioner Breisch seconded the motion, which was approved by voice vote.

A: Resolution of Intention to allow existing legal non-conforming auto repair uses, which are located in the BSC-3 Zoning District to be expanded providing they make physical improvements to conform with current downtown urban design standards, and special conditions for auto repair uses. (Planner: Bruce Leach)

ACTION: APPROVED.

B: Conditional Use Permit 97-032, 2424 Pico Boulevard (C4, Highway Commercial), Application for a Conditional Use Permit to allow the issuance of a Type 47 (On-Site General Alcohol Sales for a Bona Fide Eating Place) alcohol license to be used in conjunction with an existing 100-seat restaurant. The restaurant currently has a Type 41 (On-Site Beer and Wine for a Bona Fide Eating Place) alcohol license. (Planner: Bradley J. Misner) Applicant: David Wolf

ACTION: APPROVED.

7. PUBLIC HEARINGS:

A: Development Review 97-013, 808 Wilshire Boulevard, C6 (Boulevard Commercial) and C-4 (Highway Commercial) Request to modify the conditions of approval for Development Review Permit #467 to eliminate the requirement for an on-site gas station, permit the conversion of three auto repair bays located in the subterranean garage to storage, and remove the condition that 50% of the ground floor uses be pedestrian oriented. (Planner: Gina Szilak) Applicant: Wilshire Lincoln Property.

CONTINUED.

B: Appeal of Variance 97-004, 411 Alta Avenue, An appeal of the Zoning Administrator's denial of a variance request to allow a 6 foot 6 inch high block wall and 12 foot high hedge, in-lieu of the maximum 42-inch high wall/hedge permitted within a frontyard setback and to allow the wall and hedge to exceed the 36 inch maximum height permitted within 5 feet of the intersection of the driveway and sidewalk/street. (Planner: Bruce Leach) APPLICANT: Herb Katz, AIA, representing the property owner. APPELLANT: James R. Andrews, Esq., representing the property owner.

The appellant, James Andrews, addressed the Commission regarding the appeal.

One member of the public, Ann Plauzoles, 533 Fourth Street, Santa Monica 90402, addressed the Commission and submitted photographs supporting her opposition to the appeal.

Mr. Andrews spoke in rebuttal to the public comment.

Commissioner Parlee asked Mr. Andrews if anyone connected with the property had checked code requirements regarding fence height regulations. Mr. Andrews answered in the negative.

Chair Zinner closed the public hearing.

Commissioner Weremiuk commented on the history and precedents of fence height requirements. She stated that the Commission only sees these types of appeals when enforcement action has been taken by the City. She commented that she visited the street this date and found the adjacent properties have open front yards. She then commented on other City actions to maintain the open frontyard character. She stated she has a strong feeling to uphold the Zoning Administrator's decision. Commissioner Weremiuk thanked the appellant for providing a good map of similar fence situations and asked that the map be turned over to Code Enforcement. Lastly, she stated that the appellant provided no reason to approve the appeal request.

Commissioner Weremiuk made a motion to deny the appeal and uphold the Zoning Administrator's decision.

Commissioner Parlee seconded the motion. He stated that the code very clear specifies that front yard fences and hedges are not to exceed 42-inches. He asked staff about certain alternatives. Ms. Frick explained how fences are measured in the front yard setback.

Commissioner Parlee expressed his support of the motion. He expressed his opinion that "this neighborhood is in the process of rediscovering itself." He commented that he remembers this particular house, which is a prairie style house and originally had a porte cochere, which has been demolished. He also commented that the house used to have a very open feel to it. He stated that any fencing should meet code.

Commissioner Bradley asked staff how many fence height enforcements are done a year. Ms. Frick stated that fence enforcements are a significant number of the overall enforcements done by City Code Enforcement. She also stated that such actions are generally complaint driven.

Commissioner Gruber expressed support for the motion. He assured the appellant that the property was not being singled out for enforcement and that enforcement is done a complaint basis. He commented on other issues in this R1 District and addressed the audience to form a neighborhood group and be pro-active with complaints. He thanked the appellant for the fence height map. Lastly, Commissioner Gruber stated that the Police Department states that there is no safety advantage in having a high fence in the front yard and that this actually gives criminals a place to hide from street view. He offered a friendly amendment to require the gate and the pilaster height adjustment to be measured from the sidewalk elevation.

Commissioners Weremiuk and Parlee agreed to the friendly amendment.

The motion to deny was approved by the following vote:

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

ACTION: APPEAL DENIED, ZONING ADMINISTRATOR DECISION UPHELD.

C: Amendment to Section 9.04.18.030 of Article IX of the Santa Monica Municipal Code to Clarify the Definition of a Legal Nonconforming Use and Amendment to Section 9.04.18.040 to Allow for the Continued Use of Legal Nonconforming Neighborhood Serving Commercial, General Office and Medical Office Buildings and Uses Located on Residentially Zoned Parcels. Applicability: Citywide. (Planner: Amanda Schachter)

Following the staff report, Chair Zinner closed the public hearing. No members of the public submitted requests to speak.

Commissioner Weremiuk made a motion for approval.

Commissioner Bradley seconded the motion.

Commissioner Parlee expressed support for the motion.

The motion was approved by the following vote:

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

ACTION: APPROVED.

8. COMMUNICATIONS: None.

9. COMMISSION AGENDA:

Following the public input, the Commission discussed issues related to the public testimony. They asked that a discussion of the following: (a) Downtown Parking Assessment District: how operation affects people who live/work downtown; (b) Residential Development Standards in Commercial Districts; (c) Presentation of Plans for the Expansion of the Lido Apartment, 1455 Fourth Street; and (d) Issues affecting the quality of life of residents living in Downtown Santa Monica The discussion items are tentatively set for June 10, 1998.

10. PUBLIC INPUT:

The following members of the public addressed the Commission regarding concerns related to a proposed addition to their building:

Diana Fiore, 1455 Fourth Street #301, Santa Monica 90401

Ben Rappaport, 1455 Fourth Street #305, Santa Monica 90401

Mikel Cvetanovic, 1455 Fourth Street #408, Santa Monica 90401

Brett Svatek, 1455 Fourth Street #209, Santa Monica 90401

Zeljka Ulan, 1455 Fourth Street #206, Santa Monica 90401

Adam Olszewski, 1455 Fourth Street #310, Santa Monica 90401

11. ADJOURNMENT: The meeting was adjourned at 8:30 p.m.