M I N U T E S

 

 REGULAR MEETING OF THE PLANNING COMMISSION

 OF THE CITY OF SANTA MONICA

 

WEDNESDAY, OCTOBER 20, 2004

CITY COUNCIL CHAMBERS

7:00 P.M.

ROOM 213, CITY HALL

 

1.         CALL TO ORDER: The meeting was called to order at 7:08 p.m.

 

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

 

3.         ROLL CALL:      Present:   Barbara Brown, Chairperson

                                                            Darrell Clarke

                                                            Julie Lopez Dad

                                                            Jay P. Johnson (arrived at 8:10 p.m.)

                                                            Terry O’Day

                                                            Gwynne Pugh

 

                                            Absent:   Arlene Hopkins

 

                                  Also Present:   Kyle Ferstead, Commission Secretary

                                                            Suzanne Frick, Director of Planning / PCD

                                                            Jonathan Lait, AICP, Acting Principal Planner

                                                            Kevin McKeown, City Council Liaison

                                                            Stephanie Reich, Urban Designer

                                                            Barry Rosenbaum, Senior Land Use Attorney

                                                            Amanda Schachter, Planning Manager

 

4.         PLANNING DIRECTOR'S REPORT:

 

Ms. Frick gave the Director’s Report. Ms. Frick reminded the Commission of their joint meeting with the City Council next Tuesday, October 28, 2004, and the topics they will be discussing. Additionally she stated that the staff reports for the meeting will be going out on Thursday, October 21, 2004, and the Commissioners will be receiving them. Ms. Frick then announced the forthcoming Commission meetings: November 3, November 17, December 1 and December 15, 2004. Beginning in December, one meeting a month will be devoted to policy issues, including discussion, education or workshops beginning December 15, 2004. Ms. Frick stated that there will be one meeting a month for current project and one for policy issues each month.

 

5.         PLANNING COMMISSIONER ANNOUNCEMENTS:

 

            Chair Brown thanked Ms. Frick and staff for setting up the special meeting on October 9, 2004.

 

6.         STATEMENTS OF OFFICIAL ACTION:  Consent Calendar

 

6-A.     Conditional Use Permit 03-012, VAR 03-024, 1001, 1009 and 1010 Eighteenth Street

 

Jonathan Lait, Acting Principal Planner, informed the Commission of a typographical error, Condition #26 on page nine, strike the words “in addition the generator.”

 

Commissioner Dad made a motion for approval of the Statement of Official Action as amended. Commissioner O’Day seconded the motion, which was approved by voice vote.

 

6-B.     Design Compatibility Permit 04-005, Tract Map 04-013, 1544 Eleventh Street

 

Commissioner O’Day made a motion for approval. Commissioner Pugh seconded the motion. Chair Brown and Commissioner Dad abstained, so there were only three Commissioners voting, therefore this item was tabled and later considered between items 7-B and 7-C.

 

            Commissioner Johnson made a motion for approval of the Statement of Official Action for 1544 Eleventh Street. Commissioner O’Day seconded the motion, which was approved by voice vote with Chair Brown and Commissioner Dad abstaining.

 

7.         PUBLIC HEARINGS:

 

7-A.     Appeal 04-007 of Architectural Review Board Determination (04ARB-224), 2220 Fourth Street. Appeal of Architectural Review Board approval of building design, colors, materials, and landscape plans for a new two-story, three-unit apartment.[Planner: Marika Modugno, AICP] Applicant: Brent Eckerman. Appellant: Elan Glasser. Property Owner: Brian Ray.

 

The Commission made the following ex parte communication disclosures regarding this appeal: Commissioner Dad disclosed that she walked around the site at approximately 5:30 p.m. on Wednesday, October 20, 2004; Chair Brown and Commissioner Pugh disclosed that they also drove by the site on October 20, 2004, prior to the current public hearing. Commissioners Clarke and O’Day had nothing to disclose.

 

Urban Designer Stephanie Reich gave the staff report.

 

The appellants, Elan Glasser and Michael Wolf of the 2216 Fourth Street Homeowners Association, were present to discuss the appeal.

 

Commissioner Pugh asked Mr. Glasser about the three-story apartment building he resides in. Mr. Glasser stated that it is actually a two-story building over a carport. Commissioner Pugh noted that Mr. Glasser’s apartment building is taller than the proposed building. Mr. Glasser stated that he just wants the roof deck removed.

 

Commissioner Clarke asked Mr. Glasser about the separation between the buildings. Mr. Glasser showed slides illustrating the problem with the proposed carport opening and where the proposed building will be situated in relation to 2216 Fourth Street.

 

Commissioner Clarke commented that certain conditions can be made on Design Compatibility Permits, such as setbacks for roof deck railings, however the proposed apartment building was approved administratively. Mr. Glasser stated that setting back the railings would help, but he would rather have the roof deck removed.

 

Commissioner Dad asked Mr. Glasser when he first became aware of the proposed redevelopment of the adjacent property. Mr. Glasser stated that he first noted a pending demolition permit sign on the property, which led him to call the City to find out more. He also stated that he never received written notice of the development. Commissioner Dad commented that the Administrative Approval was granted prior to the appellant’s knowledge of the project. Mr. Glasser stated that he has no knowledge of an Administrative Approval.

 

Commissioner O’Day asked Mr. Glasser if his major issue was the roof deck, then the carport. Mr. Glasser stated that both issues are important.

 

Commissioner O’Day asked about the assertion that the carport will produce a great deal of noise. Mr. Wolf, a stated acoustical engineer and resident at 2216 Fourth Street, noted that the proposed design of the carport will generate noise, probably exceeding 100 to 110 dba inside the carport. Commissioner O’Day commented that the number seems very high and the carport is proposed to open on two sides.

 

Commissioner Clarke asked Mr. Glasser if there is a solid wall between the properties. Mr. Glasser stated there is a retaining wall approximately four feet from the property line on the northside. Commissioner Clarke asked if there is a proposed wall. Mr. Glasser stated that he believes there is a six foot wall proposed.

 

Commissioner Clarke asked if there are openings in the carport for ventilation. Mr. Wolf stated that the space is ventilated, however the noise problem comes from the movement of the vehicles. Mr. Glasser added that the architect had recommended the northside of the carport be sealed, however the Transportation Management Division (TMD) had denied the request.

 

The applicant and architect, Brent Eckerman, was present to discuss the appeal.

 

Commissioner Clarke commented on the Ocean Park Neighborhood Development Guide, then expressed concern that the proposed project design includes a blank first floor wall facing the street. Mr. Eckerman explained that the second floor balcony and window face the street and the stairs break-up the front façade. He stated that the building is “International-style.”

 

Commissioner Clarke asked Mr. Eckerman if the chimneys still need to be so tall since the fireplaces have been changed from wood-burning to gas. Mr. Eckerman stated he would like to keep the chimneys’ height for aesthetic reasons.

 

The following members of the public addressed the Commission regarding the appeal: Margaret Mills and Carlos Pineiro.

 

The applicant’s architect, David Ross of Frederick Fisher Architects, spoke in response to the public comment.

 

Commissioner Clarke asked Mr. Ross to comment on the proposed wall between 2220 and 2216 Fourth Street. Mr. Ross stated that there will be a six-foot block wall and bamboo and planters may be added along the wall.

 

Commissioner Clarke asked Mr. Ross about the reduction in header height for the carport opening. Mr. Ross stated that the minimum opening permitted is seven-feet in height and this cannot be lowered per TMD.

 

Commissioner Pugh asked Mr. Eckerman if he had considered using a sound absorbing stucco, such as Pyrock, in the carport. Mr. Eckerman stated that he had looked into “batts,” however they do not weather well.

 

The appellant, Mr. Glasser, spoke in response to public comment.

 

Commissioner Dad commented that documents provided to the Commission indicate that the property owner of record is Alison St.Onge. Mr. Glasser stated that the City receives updated Los Angeles County records “late.”

 

Chair Brown closed the public hearing.

 

Commissioner Clarke asked Ms. Reich to comment on the Architectural Review Board’s (ARB) discussion. Ms. Reich stated that the project was reviewed for pedestrian-orientation standards and determined to comply based on the front façade stairs and second floor openings. She also stated that the proposed design is compatible with Fourth Street.  Commissioner Clarke asked Ms. Reich to cite where in the Ocean Park Neighborhood Development Guide these things are stated. Ms. Reich stated she would return with that information.

 

Commissioner Dad asked Ms. Reich to outline the Administrative Approval notification process. Ms. Reich stated that there are no noticing requirements. Ms. Frick stated that lists of pending applications are public record. Ms. Reich then cited the sections of the Ocean Park Neighborhood Guide that pertain to pedestrian-orientation.

 

[Commissioner Johnson arrived at this point and recused himself from voting on this item.]

 

Commissioner Clarke asked Ms. Reich about the parking configuration for the proposed project and the two positions presented at this hearing. Ms. Reich stated that at the first public hearing then ARB Chairperson Howard Laks had recommended reviewing the parking configuration with TMD, however the applicant was not amenable to this suggestion. At the second public hearing, it was agreed that the approved plan meets the requirement.

 

Commissioner O’Day made a motion to deny the appeal and uphold the ARB’s approval. He stated that he is sympathetic to the neighbors, however the proposed project is a sensitive design and is consistent with the neighborhood.

 

Commissioner Pugh seconded the motion. He stated that the staff report is convincing. He commented that the adjacent property is a 60-foot wide lot with 8 units and the property in question is a 40-foot wide lot. He also commented on changes in the height requirements since the adjacent building was built and noted the “lower scale” of the proposed project. Commissioner Pugh commented on the front elevation, which has good composition, and his preference for the front stairs over a large opening. He also commented that the building has few openings facing toward the building to the north.

 

Commissioner Clarke stated he has a profound problem with the building design as it does not, in his opinion, meet the Ocean Park Neighborhood Development Guide as regards pedestrian-orientation. He commented on the Commission’s history to reject such a design. He also stated that having the parking at the front of property is not in keeping with the Ocean Park Guide. He stated a preference for a redesign of the project.

 

Commissioner Dad commented that she likes the look of the building, however, she also shares Commissioner Clarke’s concerns regarding the Ocean Park Neighborhood Development Guide. She expressed disappointment that the applicant did not return to TMD for a review. Commissioner Dad stated she has two objections: (1) the violation of the Ocean Park standards in that the front unit has no pedestrian-orientation to the street and (2) the roof deck issue.

 

Commissioner Pugh commented that he does not see a violation in this project and that the front stairs include a front entry and he likes to see people using stairs. He also commented that the “rear gap” is an asset to the project. Commissioner Pugh stated that a pitched roof, instead of the flat roof, would obscure views more. He expressed the opinion that the project design is interesting with its contemporary design and the project is very small scale compared to other residential projects the Commission has been reviewing.

 

Commissioner Clarke agreed about the scale of the project. He asked if setting back the railing on the roof deck would be a favorable compromise. Commissioner Pugh stated that it is not a big issue. There was discussion regarding the railings. Commissioner Clarke suggested that the railings be flush with the chimney projections.

 

Chair Brown commented that this is a difficult issue, however the staff report is well done and clear. She also commented that the appellant made an articulate presentation. On the other hand, Chair Brown commented that staff asserts that the project meets the Ocean Park Neighborhood Development Guide. She noted that there are not enough votes to either approve or deny the appeal.

 

Commissioner Clarke agreed with Chair Brown that a technical denial was probable. He then offered the following amendment: that the roof deck railing be setback on the northside an additional distance so it is flush with the chimney projections. Commissioner O’Day accepted the friendly amendment.

 

Commissioner Pugh suggested the use of “pyrock” for the interior walls of the carport to reduce sound. Commissioner O’Day accepted this amendment.

 

The motion to deny the appeal and uphold the ARB determination was approved by the following vote:

AYES: Brown, Clarke, Dad*, Johnson, O’Day, Pugh; ABSTAIN: Johnson; ABSENT: Hopkins.

 

* Commissioner Dad stated for the record that this will be the last time she votes for a project in Ocean Park that does not, in her opinion, meet the Ocean Park Neighborhood Development Guide.

 

[The Commission took a break from 8:42 p.m. to 8:53 p.m.]

 

7-B.     Conditional Use Permit 04-009, 3115 - 3125 Santa Monica Boulevard. The applicant requests approval of a Conditional Use Permit to establish two new restaurants/bars that exceed 50-seats and nightclub uses at 3115 and 3119 Santa Monica Boulevard. The proposed hours of operation are 7:00 a.m. – 2:00 a.m., seven days a week. Alcohol service is proposed at 3115 – 3121 Santa Monica Boulevard. . [Planner: Bill Rodrigues, AICP]. Applicant/Property Owner: Anthony Kling Esq.

 

The Commission made the following ex parte communication disclosures regarding this project: Commissioner Pugh disclosed that he drove by the site on Wednesday, October 20, 2004. There were no other disclosures.

 

Urban Designer Stephanie Reich gave the staff report.

 

Chair Brown asked Ms. Reich why this application is on the agenda if it so incomplete. Ms. Reich stated that the application is running up against its Permit Streamlining Act deadline even with its 90-day extension. She stated that staff has been working with the applicant, however necessary information has not been provided.

 

Commissioner Johnson stated that there seems to be three issues of contention: (1) where alcohol will be served; (2) lack of Police Department recommendation due to omission of type of alcohol license being applied for; and (3) whether there is adequate parking on-site.

 

Commissioner Johnson asked staff what type of alcohol license the applicant has applied for. Ms. Reich stated that the application does not contain this information.

 

Commissioner Johnson asked staff about analysis on the separation of uses in the project and flow of alcohol use. Ms. Reich stated that staff was focused on resolving the parking issues, so the interior uses had less focus.

 

Commissioner Johnson asked staff if there will be dual uses. Ms. Reich stated that no appropriate responses have been received from the applicant regarding this issue.

 

Commissioner Johnson asked staff about deeming an application complete and what is precluded. Mr. Lait stated that applications are deemed complete at the public counter, however staff may still asked for additional information for clarification of the application.

 

Commissioner Dad asked if there is an architect connected with the project. Mr. Lait stated that there is only the property owner who is also an attorney.

 

Commissioner Clarke commented that there is no dimensioned floor plan. Ms. Reich stated that this is correct.

 

Commissioner Clarke asked staff to explain the formula used to determine that 28 parking space are needed. Ms. Reich explained that the square footage provided for each use was used as the basis for determining that 28 parking spaces are required.

 

Commissioner Clarke asked staff if there is currently required parking for the property. Ms. Reich stated that 11 spaces are required.

 

Commissioner Clarke asked staff about the current uses on the property. Ms. Reich stated there is an attorney’s office, the property owner’s office and possibly a bakery. She commented that three of the five storefronts are vacant. Mr. Lait stated that staff evaluated the existing uses, reviewed old codes for the site and regulations pertaining to abandoned uses.

 

Commissioner Pugh asked staff about the parking layout and the review by TMD. Ms. Reich stated that the parking plans shows 22 parking spaces, which causes concern for TMO due to requirements for the opening to the parking lot. Per TMD, the driveway opening must be 20 feet wide for adequate ingress and egress, the current opening is only 14-feet wide.

 

Commissioner Dad asked staff when this application was filed. Ms. Reich stated it was filed on June 3, 2004. Commissioner Dad commented that she understands staff’s problem with this application.

 

The applicant, Anthony Kling, was present to discuss his application.

 

The following members of the public addressed the Commission: Arthur Turney, Anita Badostain, Joel Sender, Michelle Thompson, Louisa Fish, Nina Yagi, Pejman Partiyeli, Bohdan Futala, Okema Owens, Joon Hyon Yang, and Joey Minervini (who also spoke for Rosita Bastow).

 

One member of the public, Doug Newton, submitted a request to speak form, but was not present when his name was called.

 

Mr. Kling and Mary Kling spoke in response to the public comment.

 

Commissioner Clarke asked Mr. Kling about the floor plans and the use of the middle storefront. Mr. Kling stated that on July 7, 2004, a bakery was approved for 3117 Santa Monica Boulevard, but it not yet open. He stated there will also be a pizzeria with table service and take-out. Commissioner Clarke asked if the adjacent storefronts, which are vacant, are to become additional seating for the bakery-pizzeria. Mr. Kling stated he intends those units to included mixed dance and dining (blue area on floor plan) and dining only in the orange area. Commissioner Clarke asked if the kitchen indicated on the plans will serve all the units. Mr. Kling answered in the affirmative and that there will be several dining rooms. Commissioner Clarke asked if it is the intention that the spaces will be operated as one restaurant. Mr. Kling stated that 3115-3117 Santa Monica Boulevard will be operated as a restaurant, 3119 will be a dining area and 3121 will be the art gallery.

 

Commissioner Clarke commented on a similar mixed use restaurant recently before the Commission (Gotham Hall on the Third Street Promenade) and how the submission differed from the one presented tonight. He explained staff and the Commission’s frustration with this schematic plan rather than architectural drawings. Mr. Kling stated that staff’s opening statements had false information and that his original submission did include a floor plan with seating and scaled with dimension. He also stated that staff only met with him once and never provided a list of requirements.

 

Commissioner Clarke asked Mr. Kling if there is an architect involved with the project. Mr. Kling responded that there is no need for an architect since there is no structural renovations to the building except for the three openings between the units. Commissioner Clarke commented that it would customary to have an architect or design professional, especially since the use will require additional restrooms, new electrical wiring and possibly other things. He stated that this application is not a complete submission.

 

Commissioner Johnson commented that staff states 28 parking spaces are required and the current plan shows 20 –22 parking spaces. Mr. Kling stated that “the staff report is incorrect” and referred to TMD’s letter from Michelle Glickert dated October 12, 2004, which states that 23 parking spaces are required. Commissioner Johnson asked if this includes the loading zone. Mr. Kling answered in the affirmative and that the letter says the application is “close to approval.” He also stated that the applicant has agreed to reduce the size/square footage of his business to meet the parking requirements.

 

Commissioner Johnson asked Mr. Kling to respond to the Police Department’s concern regarding “the area requiring much attention.” Mrs. Kling stated that she spoke personally to Vice Officers Flores and Rodriguez, showed them the premises and they were thrilled to have our business coming to Santa Monica. Their only question was regarding where alcohol would be served.

 

Chair Brown asked Mr. Kling what type of alcohol license is being applied for. Mr. Kling stated it is the one required for dining, perhaps a Type 48. He did not know the exact type number. Chair Brown asked where alcohol will be served. Mr. Kling stated alcohol service will be at 3115 and 3119.

 

Commissioner Clarke asked Mr. Kling where the required parking spaces for the other units is provided. Mr. Kling stated there are no parking requirements for the existing units, but he is willing to provide the spaces required by TMD.

 

Chair Brown asked Mr. Kling how many seats are proposed for the restaurant. Mr. Kling stated that initially he proposed more seats, however

 

Chair Brown closed the public hearing.

 

Commissioner Pugh stated that he is having a problem with the inaccurate plans and is unable to make a rational judgment on the application. As an example, Commissioner Pugh cited the plan for 3117 Santa Monica Boulevard, the support area kitchen and bakery is 7-foot wide in a 17.3-foot wide space. He stated that the figures cited do not scale out correctly. He also noted that the site is not ADA compliant, nor are their sufficient restrooms and the parking lot does not denote wall widths, which effect back-up maneuverability. Commissioner Pugh stated that there is not sufficient information for making a decision, then made a motion to deny the project with staff’s findings.

 

Commissioner Johnson made a substitute motion to continue.

 

Commissioner O’Day seconded Commissioner Pugh’s motion to deny.

 

Commissioner Clarke asked if a continuance is an option. Senior Land Use Attorney Rosenbaum commented that it is not clear whether the Permit Streamlining Act (PSA) applies because there are cases where an applicant is not seeking development changes, then PSA does not apply. On the other hand, PSA does address changes in intensity, which this project may bring about. Senior Land Use Attorney Rosenbaum further commented that the applicant contends that PSA does apply in a letter submitted to the Commission. He noted that a PSA extension, which the applicant alleges he was coerced into granting. The new PSA deadline is November 20, 2004. He recommended that the cautious path to take would be to act on the application at this hearing.

 

Commissioner Johnson withdrew his substitute motion.

 

Senior Land Use Attorney Rosenbaum stated that the applicant has made additional allegations regarding when the application was deemed complete, issues with the submittal information and whether there was sufficient notice to the applicant regarding required information.

 

Commissioner Clarke expressed support for the motion. He advised the applicant to retain a design professional to create clear plans to meet Code requirements and meet required parking for the revised proposal.

 

Chair Brown commented that for whatever reason this lack of clarity exists, it has rendered the Commission unable to act on the application.

 

Commissioner Johnson stated that successful projects meet the requirements and present clear plans, have neighborhood support and, for alcohol permits, have Police Department approval. He encouraged the applicant to meet with neighbors. He then expressed support for the motion. He stated that if the applicant chooses to reapply, the plans needed to rendered by a professional, as well the parking plan, and mitigation of noise and trash also needs to be addressed.

 

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

AYE: Brown, Clarke, Dad, Johnson, O’Day, Pugh; ABSENT: Hopkins.

 

            [Item 6-B was voted on at this time, then the regular agenda was resumed.]

 

7-C.     Resolution Amending the Commission’s Rules of Order 3(b), 3(d), 17(b), 17(e) and 31, and Adding Rule 30 to Clarify the Procedures to Place Items on the Agenda, Modify the Time Allotment for Applicants, Appellants and the Public; Specify the Hour at Which New Items May Not Be Considered, Address the Consideration of Late Written Submittals, and Clarify the Circumstances Which the Commission Can Consider Not on the Agenda; Consideration of Modifications to Agenda Policies Consistent with These Amendments to the Commission’s Rules of Order. [Staff: Barry Rosenbaum] Continued from October 6, 2004.

 

The Commission discussed whether to postpone this item until the full Commissioner is present. The Commission decided to move forward as two Commissioners will be absent at the next meeting.

 

Chair Brown asked the Commission how they want to address the amendments, as a whole or by Rule change. Commissioner Dad stated it should be moved forward as a whole, despite there being parts she does not agree with. She stated her prior comments are already on the record.

 

Senior Land Use Attorney Rosenbaum clarified the issue of the special time limitations which apply when a certain number of people are present for either one or a variety of items (page 17). He stated that the Commission had asked for the time limits to parallel the City Council time limits. He further stated that the City Council limits speakers to two minutes if they wish to speak on multiple items. Additionally, the number of people speaking is a different trigger figure. The Council is 15 or more people on one item or 40 or more on any combination of items. For the Rule amendment, it now reads 7 or more for one item or 20 or more for any combination of items.

 

Chair Brown asked to change the sentence structure on Rule 17(e), third line up from the bottom paragraph, instead of “members of the public’s remarks” to “remarks of any member of the public.”  The Commission and Senior Land Use Attorney Rosenbaum agreed.

 

Chair Brown asked about new Rule 31, regarding late submittals, and whether the Commission really set a “five page” limit. The Commission did not recall. Senior Land Use Attorney Rosenbaum responded that this was the proposal, however it can be changed. There was further discussion on who this pertained to, either applicants or public, and the discussion resulted in the retention of the original language of Rule 31.

 

Commissioner Pugh commented that it is his opinion that the amendments being discussed this evening are friendly to public participation and that people can speak in the two-minute time limit.

 

Commissioner Johnson suggested that Rule 22 add the term “technical denial.” Senior Land Use Attorney Rosenbaum stated that this is not part of the Rule changes being discussed tonight.

 

Commissioner Clarke commented on Rule 3(d)(2) as regards adding “emergency items” which is already provided for in this Rule.

 

Chair Brown stated that the result of the Commission’s discussion is to accept the changes to all Rules noted in the staff report except new Rule 31 (eliminate proposed amendment).

 

City Council Liaison McKeown noted a change that should be made on page 19, second paragraph, regarding reference to “persons authorized to be within the rail.” He noted there is no rail in Chambers. Senior Land Use Attorney Rosenbaum stated that can be addressed the next time the Rules are amended.

 

The six Commissioners present unanimously approved the amendments to the Rules of Order.

 

8.         DISCUSSION:

            Public Input Permitted

 

8-A.     Discussion of “soft-story” retrofit property identification, compliance requirements and methods, potential escrow sign-offs, and possible improvements in additional earthquake preparedness requirements. Requested by Commission Johnson on October 6, 2004.

 

Commissioner Johnson expressed concern regarding the soft-story retrofitting process in the City and that there is no sign-off done when escrow closes on properties. He stated that making sure identified buildings have completed the retrofitting process should be done pro-actively and as part of on-going earthquake preparedness. He also stated that he wants to know where the City stands in regards to compliance to this issue.

 

Commissioner Pugh asked if this is an issue which can be searched for with the Permits Plus system to find outstanding violations. Ms. Frick responded in the negative. She stated the Code Enforcement information is kept in a separate database. Commissioner Pugh asked if such information can be specifically asked for. Ms. Frick responded in the positive.

 

Commissioner Johnson stated that he aware that many problems arrive at the close of escrow because of the requirement to have the soft-story retrofit completed. Ms. Frick commented that Code Compliance will be at the next meeting for the quarterly update and this issue can be addressed to them. She further commented that if a building is in the plan check process, staff will require the retrofitting, however if someone is applying for a lesser permit, such as for installation of a water heater, the requirement would not be caught.

 

            Action: Discussion held. Continued to November 3, 2004.

 

8-B.     Review and comment on Chair Brown's summary report of the October 9, 2004 Special Planning Commission Meeting pertaining to the Land Use and Circulation Elements and Zoning Ordinance Update. Develop Recommendations to forward to the City Council regarding the Public Participation Program, Planning Commission Involvement, Data Collection Strategies, and Resource Allocation Enhancements, related to the City's Land Use and Circulation Elements and Zoning Ordinance Update.

 

Chair Brown commented on her draft memorandum to the City Council regarding the discussion held on October 9, 2004, at the Commission’s Special Meeting. She asked the Commission to comment and offer revisions.

 

Commissioner Johnson commented that the consultant should be required to come up with a Mission Statement part way through the process. Commissioner Pugh questioned what such a statement would achieve. Commissioner Johnson responded that it would be signal to the City by the residents as to the direction the process should take. Commissioner Pugh expressed concern with the use of a Mission Statement and suggested an interim report instead. Commissioner Johnson suggested calling it a “Statement of Goals.” Commissioner Dad expressed concern that this idea of Mission Statement would elongate the process and stated that the goal is to create a vision for the City and how it can be accomplished.

 

Ms. Frick stated that staff envisions the following: joint meetings with City Council; workshops and information collection; a document called a Working Principals report agreed to by the Commission and Council; then after more meetings, an Opportunities and Challenges Reports; then later an Alternatives Plan; then a Preferred Plan and Guiding Principles, which provides information for the implementation of the vision. Eventually there will be draft plans. She suggested that some of these documents may help the Commission identify for the Community the direction to take.

 

Commissioner Johnson asked when the first document would be available. Ms. Frick stated this would be in the first third of the process and will be reviewed by the Council and Commission in a joint meeting. Commissioner Johnson commented that this sounds like what he is looking for as a signpost for the community. Ms. Frick reminded the Commission that no one knows what the community wants yet and that flexibility needs to be maintained. She stated that there will be a great deal of information gathered. Commissioner Johnson asked that the “working principle” be included on the flow chart. Ms. Frick answered in the affirmative.

 

Commissioner Clarke commented that this is an excellent summary of the Commission’s meeting and thanked Chair Brown for putting it together. On page two, item 2d, fits with what Commissioner Johnson was suggesting.

 

There were no request to speak forms submitted for this item.

 

Commissioner O’Day concurred with Commissioner Clarke regarding the summary. He then offered the following comments: page one, last paragraph, line five, change “would” to “may;” and on page two, second paragraph, remove “the front line” in favor of “becoming an expert…”  He expressed the opinion that this would be descriptive of the Commission’s discussion and role. Or “The Commission considers it responsibility to become an expert for the City Council…” Commissioner Pugh expressed the opinion that “experts” is too much to ask.

 

City Council Liaison McKeown commented that this issue dealt with establishing a line of communication, so perhaps “as additional eyes and ears for the City Council” process. Commissioner Pugh expressed the opinion that “front line” was more accurate as the Commission will be out in the community and available to receive comments. Commissioner Dad commented that “front line” is a little casual, then suggested “initial responsibility” instead. Chair Brown suggested “taking the lead and having the initial responsibility…” This phrase was agreed to by the Commission.

 

Commissioner O’Day continued with Item 2b and 2c, which he felt should include some sort of quantifying numbers for evaluation purposes, i.e. how many members of the public were educated. He suggested that this could also become a new subset of the list. He also suggested that item 2e include “a significantly significant sample of the entire community.” Commissioner Pugh expressed concern that this was being too specific. Commissioner Clarke suggested that it be both quantitative and qualitative.

 

Commissioner O’Day suggested that Item 2f be revised as follows: “The goals of the Santa Monica sustainable cities plan, and any revisions to them, must be fundamentally incorporated into the process as a reflection of the City’s adopted principles.” Chair Brown agreed to the suggestion.

 

Commissioner O’Day concluded his suggestions by recommending that the last paragraph be deleted.

 

Commissioner Pugh expressed the opinion that the Commission needs to discuss how the Commission will operate in this process while creating the vision. He stated that the Commission needs to work at the level that will be most effective while relying on staff to review the small issues. Commissioner Clarke agreed that there needs to be some oversight set on materials produced and that they are fulfilling the policy direction created. He referenced an e-mail from Ellen Brennan. He then suggested that Item 2d include something about “survey instruments and educational materials’ for oversight purposes. Commissioner Clarke concluded by saying he did not want to micromanage, just have oversight on the process.

 

Commissioner Pugh stated that in terms of policy direction, he wants to make sure that the Commission is not predicting the end result, but rather seek out what the community wants. Commissioner Clarke agreed that things should not be prejudged, however materials need to be reviewed by the Commission.

 

Chair Brown asked Ms. Frick a procedural question regarding revisions to the memorandum and dispersal to the City Council. Ms. Frick stated that this memorandum is to be an attachment to the staff report, so the revised copy needs to get to staff early Thursday morning.

 

Chair Brown asked Ms. Frick about the meeting on October 26, 2004, specifically the format and whether a presentation by the Commission is expected. Ms. Frick explained that staff and the consultants will be doing an educational presentation, then there will be discussion of recommendations and direction to staff

 

There was discussion regarding the set-up for joint meeting..

 

9.         FUTURE COMMISSION AGENDA ITEMS: None.

 

10.       PUBLIC INPUT: None.

 

11.       ADJOURNMENT: The meeting was adjourned at 11:31 p.m.

 

APPROVED: November 17, 2004