Planning Commission Meeting: June 21, 2006

Agenda Item: _8-A_

To:                   Planning Commission

From:              Amanda Schachter, City Planning Division Manager

Subject:          Conditional Use Permit 06-006 and Variance 06-003 to establish a yoga institute within a second floor tenant space of an existing building.

Address:        1430 Olympic Boulevard

Applicant:       Richard Hertz and Pamela Burton

 

 

Recommended Action

It is recommended that the Planning Commission take the following action subject to findings and/or conditions contained in Attachment B:

 

·        Approve application 06CUP006 and 06VAR003

 

Executive Summary

The applicant requests approval of a conditional use permit to establish a yoga institute within a 1,558 square foot, second floor tenant space of an existing two story commercial building located in the Industrial Conservation (M1) District.  In addition to the two-story building, the site is currently improved with an approximate 880 square foot accessory storage building and a surface parking lot.  The site cannot accommodate the 14 additional parking spaces that would be required for the proposed use.  Therefore, the applicant also requests approval of a variance to provide these parking spaces through a combination of an off-site and/or tandem configuration. 

 

The yoga institute is currently operating at the subject property.  In its review of a request for a business license, City staff advised the business owner that a conditional use permit would be required to operate the yoga institute in this zoning district.  Subsequently, the applicant submitted the subject application.  If the subject application is denied, the Business License Section, in conjunction with the Code Compliance Section, would pursue necessary steps to ensure that use is discontinued.

 

The following issues should be considered by the Planning Commission in its review of the project and are addressed in this report:

 

·                    Conditional Use Permit - Would the establishment of the proposed use at the proposed location result in adverse impacts to the surrounding area?

 

·                    Variance - Do exceptional circumstances exist such that granting a variance for off-site and/or tandem parking spaces is warranted? And, if yes, would the granting of off-site or tandem parking result in adverse impacts to the surrounding area?

 

Project / Site Information

The following table provides a brief summary of the project location. Additional information regarding the project’s compliance with applicable municipal regulations and the General Plan is available in Attachment A.

 

Project and Site Information Table

Zoning District:

Industrial Conservation (M1)

 

Site Location Map

Land Use
Element Designation:

Industrial

Parcel Area (SF):

5,998

Parcel Dimensions:

150 x 40

Existing On-Site Improvements (Year Built):

Two-story, 3,983 sq. ft. commercial building (1973)

Rent Control Status:

Exempt as commercial property

Adjacent Zoning Districts and Land Uses:

See below.

 

Surrounding uses, with the exception of a City park, are located within the Industrial Conservation District, and many of them are considered to be legal nonconforming.  Memorial Park, (Designated Parks (DP) Zoning District) is located to the north across Olympic Boulevard; the Buffalo Club restaurant is located to the east, fronting along the south side of Olympic Boulevard, across 15th Street; a barbershop, pool hall and Tacos Por Favor restaurant are located to the west, fronting along the south side of Olympic Boulevard; an automobile repair facility is directly behind the subject property and a portion of the Santa Monica Freeway is located to the south.  The two restaurants, barbershop and pool hall are legal, nonconforming uses in that they are not currently permitted uses within the M1 District and do not provide code required off-street parking.  Additionally, during evening and weekend hours, the parking demand generated by Memorial Park activities appears to exceed the number of parking spaces it provides.  These factors result in a high demand for the on-street, metered parking spaces located on Olympic Boulevard adjacent to the subject property. 

 

Environmental Analysis

The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Class 3, Section 15303 of the State CEQA Guidelines in that the project involves the conversion of one use to another within an existing legal building located on a legal parcel.


Project Analysis

Conditional Use Permit for Yoga Institute in M1 Zone

SMMC Section 9.04.08.34.040 identifies uses that may be permitted in the M1 Zoning District subject to the approval of a conditional use permit.  Specifically, Section 9.04.08.34.040 (h) provides that, “New public or private schools or the expansion of existing schools” are permitted subject to the approval of a conditional use permit.  In addition, pursuant to Section 9.04.08.34.040 (r), other uses determined by the Zoning Administrator to be similar to the conditionally permitted uses are also allowed subject to the approval of a conditional use permit. 

 

The proposed use, Forrest Yoga Institute, is similar in operation to a private school that offers specific course content to a limited number of students during a set class schedule.  This mode of operation is unlike gyms or other health clubs that allow an unlimited number of their members to utilize their facilities during all hours of operation.  In addition to providing daily classes at various levels of experience, an important component of the Forrest Yoga Institute is the “Forrest Yoga Teaching Certification.”  This process involves students completing a series of requirements, including, but not limited to a teacher training course, participating in community service teaching, designing and teaching ongoing yoga classes within 6 months of completing the teacher training course.  The Forrest Yoga Institute also provides classes geared toward specific audiences, including children’s yoga, pre- and post-natal yoga, and community yoga classes, which are offered with only a voluntary donation of from zero to eight dollars.  A complete schedule of classes is provided in Attachment D.  Therefore, while the use is not considered a school in the traditional sense, it does operate in a similar manner and is allowed to operate in the M1 District subject to approval of the requested conditional use permit.

 

The Zoning Code requires conditional use permits for those uses which have some special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location.  The application process allows for the review of the location of the proposed use and potential impacts on the surrounding area.  The proposed use appears to be compatible with those existing in the surrounding area and its location within the second floor of an existing building would permit its operation without adding new floor area.  No changes to the exterior of the building are proposed in conjunction with the subject application; however, an Architectural Review Board application has been submitted to install signage.

 

Parking and Circulation

 

The subject property is currently improved with a 2-story commercial building, a surface parking lot with 7 parking spaces and a storage building.   A landscape architect’s office occupies the first floor of the building and requires five (5) parking spaces.  The proposed use would require 14 parking spaces based upon 995 square feet of studio space and 573 square feet of office, bathroom, and other area.  The storage building was originally a four (4) space carport.  It was previously converted to a storage use at an unknown time and the current owner would like to maintain this use and approval of the requested parking variance would constitute its legal conversion from carport to storage use.  The storage building requires one (1) additional parking space.  Therefore, as proposed, a total of 20 parking spaces are required for the entire project site as follows:  5 spaces for first floor landscape architect’s office; 14 spaces for proposed yoga institute; and 1 space for the storage building.  The parking lot is currently configured for 7 spaces, resulting in a shortfall of 13 parking spaces and necessitating the variance request.

 

The parking demand generated by the proposed use would be highest during the morning and evening hours.  As indicated in Attachment D, the yoga institute essentially offers two regular classes in the morning and two in the evening on Monday through Friday.  The applicant has indicated that the first class in the morning would attract between 5-7 students and would have 1 staff person, while the second morning class would attract between 9-17 students and would have 2 staff people.  In addition, the two evening classes are expected to attract between 7-27 students and have 2-3 staff.  On Saturdays, four morning classes are offered (beginning at 7:30 am and ending at 12:25 pm) and are expected to attract between 7-24 students and have 2-3 staff.  On Sundays, four classes are offered throughout the day and evening and are expected to attract between 7-24 students and have 2-3 staff.  In addition, the institute is expected to host a national workshop and teacher training course several times a year that would attract approximately 60-70 people each. 

 

Available public parking within the area is limited to metered parking along Olympic Boulevard, which is in high demand due to the legal non-conforming uses in the area that do not provide current Code required parking, including two restaurants and a pool hall.  Since the existing improvements on the subject property would not allow the additional 13 required parking spaces to be provided on-site, the applicant seeks a variance from zoning requirements to provide these parking spaces at an off-site location and in a tandem arrangement on-site.  In the event that not all 13 parking spaces can be provided off-site, the applicant would provide the difference in an on-site tandem arrangement.  The applicant has been meeting with adjacent property owners to obtain a lease agreement for off-site parking.  Since negotiations have not been finalized, the proposed number and location of off-site parking spaces has not been confirmed.  Condition No. 1 of the Draft Statement of Official Action ensures that code required parking will be provided within 1,000 feet of the subject property, which is consistent with the approach provided pursuant to SMMC Section 9.04.10.08.190, which allows for required parking to be provided off-site when multiple sites are held in common ownership.  In addition, as indicated by Condition Nos. 1 and 11, the final parking lot layout is subject to approval by the Transportation Management Division and, if tandem spaces are proposed, an attendant must be available during all hours that the tandem spaces are required.

 

Off-street parking requirements are intended to provide parking in proportion to the needs generated by various lands uses and to protect neighborhoods from the effects of vehicular noise and traffic generated by uses in adjacent non-residential districts.  However, parking regulations do not take into account the unique circumstances a property and its intended use may possess.  The Code’s off-street parking requirements ensure that adequate parking for the proposed use is provided without impacting residential neighborhoods; granting the requested variance to allow off-site and tandem parking can be accommodated in a manner consistent with the purpose and intent of the zoning regulations because the total number of parking spaces required by Code will be provided off-site within an acceptable distance and, if required, any tandem configuration would be reviewed and approved by the Transportation Management Division and operated by an attendant. 

 

Public Correspondence

 

Staff has received five (5) letters from adjacent business operators, as identified below and included in Attachment F:

 

·        Letter of support from the Buffalo Club, located at 1520 Olympic Boulevard, dated March 30, 2006;

·        Letter of support from Tacos Por Favor, located at 1408 Olympic Boulevard, dated March 30, 2006;

·        Letter of support from German Motor Car Service, located at 1714, 14th Street, dated March 28, 2006;

·        Letter of support from Snyder Diamond, located at 1349 Olympic Boulevard, dated March 28, 2006; and

·        Letter of support from zoasis, located at 1500 Olympic Boulevard, dated March 31, 2006.

 

The letters favor the establishment of the proposed use citing that it will be a benefit to the neighborhood.

 

Alternative Actions:

In addition to the recommended action, the Planning Commission could consider the following with respect to the project:

 

A1.            Continue the project, consistent with applicable deadlines and with agreement from the applicant

A2.            Articulate revised findings and/or conditions to Deny, with or without prejudice, the subject application

 

Conclusion

The applicant seeks to establish a Yoga Institute within a vacant tenant space of an existing building and provide a combination of off-site parking spaces and/or on-site tandem spaces.  Approval of a conditional use permit is required to allow the establishment of the proposed use and a variance is required to permit the proposed off-site and/or tandem parking configuration.  Staff recommends approval of the project based on the findings and subject to the conditions contained in Draft Statement of Official Action, Attachment B.

 

Prepared by:              David Reyes, Associate Planner 

 

Attachments

A.                 General Plan and Municipal Code Compliance Worksheet

B.                 Draft Statement of Official Action

C.                Public Notification & Comment Material (includes notification requirements, radius map, published notice, site posting photographs)

D.                Current Class Schedule

E.                 Public correspondence

F.                 Photographs

G.                Project Plans

 

F:\CityPlanning\Share\PC\STRPT\06\06CUP006\06CUP006 Staff Report.doc


ATTACHMENT A

GENERAL PLAN AND MUNICIPAL CODE COMPLIANCE WORKSHEET

Project Location and Permit Processing Time Limits

Project Address:

1430 Olympic Boulevard

Application Filing Date:

February 28, 2006

Deemed Complete Date

March 29, 2006

CEQA Deadline:

June 27, 2006

PSA Deadline:

June 27, 2006

Total Process Review Time (Days):

113

 

 

General Plan and Municipal Code Compliance Worksheet

 

CATEGORY

 

LAND USE ELEMENT

 

 

MUNICIPAL CODE

 

 

PROJECT

 

Permitted Use

 

---

 

Conditional Use Permit required for schools and similar uses[SMMC 9.04.08.34.040(r)]

 

Yoga institute

 

 

Required Parking

 

---

 

Landscape Architect Office

1:300 - 1568 sq. ft = 5

 

Yoga Institute

1:80 – 995 sq. ft = 12

1:300 – 573 sq. ft. = 2

 

Storage Building

1:1000 – 880 sq. ft. = 1

20 spaces required for all uses on subject property.  All spaces required on subject property – no tandem design [SMMC 9.04.10.08.040; 9.04.10.08.190 (a); and 9.04.10.08.070(a)]

 

Variance requested to provide required parking in tandem and off--site.

 


ATTACHMENT B

DRAFT STATEMENT OF OFFICIAL ACTION

 

City of Santa Monica

City Planning Division

 

PLANNING COMMISSION

STATEMENT OF OFFICIAL ACTION

 

 

PROJECT INFORAMTION

 

CASE NUMBER:                  Conditional Use Permit 06-006; Variance 06-003

 

LOCATION:                           1430 Olympic Boulevard

 

APPLICANT:                         Pamela Burton and Richard Hertz

 

Property Owner:          Burton Hertz, LLC

 

CASE PLANNER:                David Reyes, Associate Planner

 

REQUEST:                            A conditional use permit to establish a yoga institute within a vacant tenant space of an existing building located within the M1 District.  A variance is requested to provide the required parking through a combination of off-site and tandem spaces.

 

CEQA STATUS:                   The project is categorically exempt from the provisions of CEQA, pursuant to Class 3, Section 15303 of the CEQA Guidelines in that the project involves a change of one use to another within an existing legal building located on a legal parcel.

 

 

PLANNING COMMISSION ACTION

 

June 21, 2006

Determination Date

 

X

Approved based on the following findings and subject to the conditions below.

 

Denied.

 

Other:

 

 

EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: 

July 6, 2006

 

EXPIRATION DATE OF ANY PERMITS GRANTED:

July 6, 2007

LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*:

6 months

 

*     Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit.

 

Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project.  All summaries of information contained herein or in the findings are based on the substantial evidence in the record.  The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

 

FINDINGS:

 

CONDITIONAL USE PERMIT FINDINGS

 

1.                  The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that SMMC Section 9.04.08.34.040 allows uses similar to schools to operate within the M1 Zoning District. The proposed mode of operation of the yoga institute has been reviewed and found to be similar to that of a school. While not a school in the traditional sense, Forrest Yoga Institute, is similar in operation to a private school that offers specific course content to a limited number of students during a set class schedule.  This mode of operation is unlike gyms or other health clubs that allow an unlimited number of their members to utilize their facilities during all hours of operation.

 

2.                  The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the proposed use would be located within an existing vacant tenant space and all Code required parking would be provided for the use through a combination of on-site and nearby off-site parking spaces. The proposed use is compatible with the surrounding industrial, office and restaurant uses

 

3.                  The subject parcel is physically suitable for the type of land use being proposed, in that the proposed use will occupy a second floor tenant space located within an existing building.

 

4.                  The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the property is improved with a two-story building, the first floor of which is occupied by a landscape architects office.  An existing, independent entrance/exit would allow tenants and students of the use to come and go without interfering with the operation of the first floor use.  In addition, while classes are in session, the yoga institute would not impact the landscape architect’s office because yoga classes are conducted in a low impact, quiet nature and many of the yoga institute’s activities occur when the landscape architect office is closed.

 

5.                  The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the M1 Zoning District is intended to provide a location for industrial uses engaged in the design, development, manufacturing, fabricating, testing or assembly of manufactured products.  Existing uses in the general area include a mix of industrial, restaurant and park uses. The M1 District is also designed to accommodate small visual and performing arts studios and preservation of existing schools. 

 

New schools are conditionally permitted in the M1 District.  The mode of operation of the Forrest Yoga Institute, is similar in operation to a private school that offers specific course content to a limited number of students during a set class schedule.  The establishment of a yoga institute at this location would be compatible with these uses because it would be operated within a fully enclosed building and will not involve the physical expansion of the existing building.  Moreover, all Code required parking will be provided through a combination of on-site and nearby off-site parking spaces.

 

6.                  There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that in that the existing building is located in an area with adequate, water, sanitation, and public utilities and services and the proposed use of a vacant tenant space will not require increases in the public services noted above.

 

7.                  Public access to the proposed use will be adequate, in that vehicular and pedestrian access are provided from Olympic Boulevard.

 

8.                  The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that no new construction is required to establish the use.  Rather, the yoga institute will occupy the vacant second floor of an existing two-story commercial building.

 

9.                  The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Objective 1.2 of the Citywide Objectives and Policies of the Land Use Element of the General Plan states that the City shall ensure compatibility of adjacent land uses, with particular concern for protecting residential neighborhoods.  As indicated by Condition Nos. 1 and 2, all Code required parking for the use will be provided through a combination of on-site and off-site spaces.

 

10.             The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed warehouse use will be located within a fully enclosed, existing building and will provide all required off-street parking.

 

11.             The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that in that no such standards or special conditions are applicable to the operations of yoga institutes.

 

12.             The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that no other yoga institutes currently operate within the vicinity.

 

VARIANCE FINDINGS

 

1.                  There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification. Specifically, the site is improved with an existing two-story commercial building, a surface parking lot and a storage building.  The existing on-site improvements do not allow all Code required parking to be provided on-site.

 

2.                  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 in that all Code required parking will be provided through a combination of on-site and off-site spaces at a nearby location, as indicated by Condition of Approval No. 1.

 

3.                  The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships in that requiring all Code required parking to be provided on-site is not practical given the existing improvements located on the subject property.

 

4.                  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.  Objective 4.7 of the Citywide Objectives and Policies of the Circulation Element of the General Plan states that all new development should accommodate project-generated parking consistent with encouraging alterative transportation management programs.  Specifically, Policy 4.7.1 provides that City parking standards should be adhered to, except with respect to parking requirements for mixed use projects, which need further study.  Moreover, Policy 4.7.3 states that the most efficient use of parking facilities should be encouraged, including provisions for tandem parking in conjunction with free valet service. The conditions of approval for the requested variance will ensure that all code required parking is provided in the most efficient manner available through a combination of on-site and off-site spaces which is consistent with these policies.

 

5.                  The variance would not impair the integrity and character of the district in which it is to be located in that Code required parking will be provided on-site and a nearby off-site location, which would involve the utilization of existing parking spaces that are not required for any other use and any on-site tandem spaces would be monitored by a parking attendant. 

 

6.                  The subject site is physically suitable for the proposed variance in that existing improvements located on the site would not allow all Code required parking to be provided on-site and the granting of the subject variance would allow this parking to be provided at a nearby off-site location.

 

7.                  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 in that the subject property is located within a developed urbanized environment that is adequately served by existing infrastructure, public utilities and services.  It is not anticipated that approval of the subject application will create a need for additional utilities or services.

 

8.                  There will be adequate provisions for public access to serve the subject variance proposal in that vehicular and pedestrian access are provided to the site from Olympic Boulevard and all parking spaces provided at an off-site location will be legal parking spaces that are not required for other uses.  In addition, if tandem spaces are proposed, the configuration and operation of the spaces will be reviewed and approved by the Transportation Management Division.

 

9.                  The strict application of the provisions of this Chapter would result in unreasonable deprivation of the use or enjoyment of the property in that due to the location of existing improvements, practical use or enjoyment of the subject parcel would not be possible because all code required parking for a conditionally permitted use cannot be provided on-site and therefore the use would not be allowed to be established within a vacant tenant space of an existing building.

 

 

CONDITIONS OF APPROVAL:

 

PLANNING AND COMMUNITY DEVELOPMENT

 

Project Specific Conditions

 

1.                  Prior to the issuance of a business license, the applicant shall provide documentation acceptable to the City that demonstrates that all Code required off-site parking is available for the life of the project.  Any parking that is proposed to be off-site shall be no more 1,000 feet from the subject site and if tandem parking is proposed, the configuration and operation of the parking area shall be reviewed and approved by the Transportation Management Division.

 

Administrative

 

2.         The Planning Commission’s approval, conditions of approval, or denial of this application may be appealed to the City Council if the appeal is filed with the Zoning Administrator within fourteen consecutive days following the date of the Planning Commission’s determination in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040. The approval of this permit shall expire if the rights granted are not exercised within one year from the permit’s effective date.  Exercise of rights shall mean actual commencement of the use granted by the permit.  One six month extension may be permitted if approved by the Director of Planning.  Applicant is on notice that time extensions shall not be granted if development standards or development process relevant to the project have changed since project approval.   Additionally, the rights associated with this approval shall expire if the establishment ceases operation for a period of one year or longer.

 

3.                  Within ten days of City Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval.  By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions.  The signed Statement shall be returned to the Planning Division.  Failure to comply with this condition shall constitute grounds for potential permit revocation.

 

4.                  Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval.  The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project.  The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Design Compatibility Permit.

 

5.                  Prior to issuance of a Business License, the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request.  This notice shall remain posted at all times the establishment is in operation.

 

6.                  In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.

 

Conformance with Approved Plans

 

7.                  This approval is for those plans dated 2/24/06, a copy of which shall be maintained in the files of the City Planning Division.  Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.

 

8.                  Minor amendments to the plans shall be subject to approval by the Director of Planning.  A significant change in the approved concept shall be subject to Planning Commission Review.  Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning.

 

9.                  The Plans shall comply with all other provisions of Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica.

 

Project Operations

 

10.             The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.

 

Standard Conditions

 

11.             Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Management Division.

 

12.             The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program.

 

ENVIRONMENTAL PUBLIC WORKS MANAGEMENT (EPWM)

 

 

13.             Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added.  (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.)

 

 

VOTE

 

Ayes:             

Nays:             

Abstain:         

Absent:          

 

 

NOTICE

 

If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010.

 

I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica.

 

 

_____________________________       _____________________________

Gwynne Pugh, Vice Chairperson                Date

 

 

 

Acknowledgement by Permit Holder

 

I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval.

 

 

 

Print Name and Title

 

 

 

 

Applicant’s Signature

 

 

 


ATTACHMENT C

PUBLIC NOTIFICATION INFORMATION

 

Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting requirements set forth by the Zoning Administrator, prior to application filing the applicant posted a sign on the property regarding the subject application.  At least 8 weeks prior to the public hearing date, the applicant submitted a photograph to verify the site posting and to demonstrate that the sign provides the following information:  Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number.  It is the applicant's responsibility to update the hearing date if it is changed after posting.

 

In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project and published in the “California” Section of The Los Angeles Times at least ten consecutive calendar days prior to the hearing.

 

On May 2, 2006, the applicant/appellant was notified by phone and in writing of the subject hearing date.

 

The applicant provided the following information regarding attempts to contact area property owners, residents, and recognized neighborhood associations:

Adjacent Neighbors

Adjacent neighbors were approached and verbally made aware of the proposal by the property owner.  In some instances, adjacent business operators provided letters in support of the project.

 


NOTICE OF A PUBLIC HEARING

BEFORE THE SANTA MONICA PLANNING COMMISSION

 

SUBJECT:     Conditional Use Permit 06-006; Variance 06-003

1430 Olympic Boulevard

APPLICANT:                           Pamela Burton and Richard Hertz

PROPERTY OWNER:           Burton Hertz, LLC

 

A public hearing will be held by the Planning Commission to consider the following request:

 

The proposed project is a request to establish a yoga institute within a 1,558 square foot tenant space of an existing building.  Pursuant to SMMC Section 9.04.08.34.040(r), a conditional use permit is required to permit this use in the M1 District.  The proposed yoga institute will require 14 parking spaces and, pursuant to SMMC Section 9.04.20.10.30 (b), a variance is sought to permit the required spaces to be provided through a combination of off-site and on-site tandem spaces. 

 

DATE/TIME:               WEDNESDAY, June 21, 2006 AT 7:00 p.m.

 

LOCATION:                 City Council Chambers, Second Floor, Santa Monica City Hall

                        1685 Main Street, Santa Monica, California

 

HOW TO COMMENT

The City of Santa Monica encourages public comment. You may comment at the Planning Commission public hearing, or by writing a letter. Written information will be given to the Planning Commission at the meeting.

 

Address your letters to:           David Reyes

                                                Re: CUP 06-006; VAR 06-003

                                                City Planning Division

                                                1685 Main Street, Room 212

                                                Santa Monica, CA 90401

 

MORE INFORMATION

If you want more information about this project or wish to review the project file, please contact David Reyes at (310) 458-8341, or by e-mail at david.reyes@smgov.net.  The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.santa-monica.org.

 

The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall.

 


Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing.

 

ESPAÑOL

Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica.  Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341.

 

 

APPROVED AS TO FORM:

 

___________________________

Amanda Schachter

Planning Manager