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M-5/6/1997 I I I 103 CITY OF SANTA MONICA CITY COUNCIL MINUTES IVIA Y 6, 1997 A speCial meetmg of the Santa ~omca CIty CounCIl was called to order by ylayor O'Connor at 644 pm. on Tuesday, May 6.1997, m the CounCIl Chambers Roll Call Present ~1ayor Pamela O'Connor Mayor Pro Tem Robert T Holbrook CouncIlmember Ruth Ebner CouncIlmember MIchael F emstem Councllmember Ken Genser CouncIlmember Paul Rosenstem Absent CouncIlmember Asha Greenberg Also Present CIty Manager John JahlI ASSIstant CIty Attorney Joseph LawTence Deputy CIty Attorney Mary Strobel CIty Clerk Mana M Stewart The :\Itayor announced that Item 1\0 7-A \vIll be heard concurrently \.VIth Item No 8-A 7-;\: APPEAL/SENIOR HOUSING PROJECT /PUBLIC PARKING STRUCTURE Presented was Appeal 97-002 and Appeal 97-003 of the Planmng CommISSIOn Approval of a 66- unIt Semor Housmg Project and 165 PublIc Parkmg Structure Located at 1136-1144 Fourth Street ActIOns related to the Project Approval mclude an ordmance for mtroductIOn and first readmg amendmg SectIons 9040838050 and 9 04 0838090 of ArtIcle IX of the MunICIpal Code regardmg condItIOnally permItted uses and deSIgn standards m the "A" Off-Street Parkmg Overlay Dlstnct, approval ofa"Yl1tIgated Kegatlve DeclaratIOn, VarIance 95-015 to allow setback encroachments and parcel coverage m excess of 50%. CondItIonal Use PermIt 97-002 to allow a parkmg structure m the "AU Off-Street Parkmg Overlay DIstnct. and. Development ReVIew 95-002 to allow a development over 22.500 square feet m the NWR3A Dlstnct (Contmued from Apn129, 1997) ApplIcants Menorah Housmg FoundatIOn of the Jew'lsh FederatIOn CounCIL and CIty of Santa Momca Appellants RIchard Caruso. RosarIO Perry for Charmont Partners. Ltd 8-A: ORDI~ ANCE/P ARKING FACILITIESr' A" OFF -STREET PARKING OVERLAY 1 :VIa)' 6, 1997 104 DISTRICT Presented was an ordmance for mtroductlOn and first readmg amendmg SectlOn 9 04 08 38 050 and SectlOn 9 04 08 38 090 of the Santa MOnIca MuniCipal Code regardmg I conditIOnally permitted uses and design standards apphcable to parkmg facihtles III the "AU Off- Street ParkIng Overlay District (Contmued from Apnl 29. 1997 ) Planmng DIrector, Suzanne Fnck, reviewed the mformatIOn provided m the supplemental staff report MotIon bv fvIavOT Pro Tern Holbrook. seconded bv CouncIlmember Genser. to meet m a closed - - - seSSIOn With the City Attorney and appropnate staffpnor to hearmg these Items The motIon \vas unammously approved by VOIce vote. CounCllmember Greenberg absent CLOSED SESSION At 6 46 pm. CouncIl adjourned to Closed SeSSlOn At 7 32 pm. Council reconvened w1th all members present except Councllmember Greenberg 7-A: APPEAL/SENIOR HOUSING PROJECTIPUBLIC PARKING STRUCTL"RE (Resumed) 8-A: ORDINANCEIPARKIXG FACILITIES/"A" OFF-STREET PARKING OVERLAY DISTRICT (Resumed) Mohon by CouncIlmember Rosenstem. seconded bv CouncIlmember Femstem. to re-open the I publIc heanng. allo\vmg addmonal tIme for the apphcant to speak on the mformatlOn contamed III the supplemental report The motIon was unammously approved by VOIce vote, Councllmember Greenberg absent On order of the },layor, the publIc hearmg was opened Richard Caruso. appellant. spoke m opposltlOn to the project and m support of the appeals Rosano Perry. appellant. spoke m OppOSltlOn to the proposed ordmance regardmg condItIOnally permitted uses and deSIgn standards apphcable to parkmg faCIlItIes In the "A" Off-Street ParkIng Overlay DIstrict (Item No 8-A) },;Iember of the pubhc Karl Schober asked questIOns about the proposed development and parkmg and dIscussed the Importance of the economic vltahty and grO\\-1h of the Bayslde Dlstnct and parkmg needs Member of the pubhc Joey Fullmer expressed her concerns There bemg no other speakers. the Mayor closed the pubhc hearIng 2 May 6, 1997 I I I I 105 ASsIstant CIty Attorney Joseph La\\Tence. announced. for the record, that no reportable actIOn \yas taken dunng the closed seSSiOn dunng VdllCh one matter of anllClpated lItIgatIOn was dIscussed MOHon b~' Counctlmember Genser. seconded by Counctlmember Femstem, to adopt ResolutIOn ~o 9143(CCS) entItled "A RESOLUTION OF THE CITY COL~CIL OF THE CITY OF SA)JTA MONICA APPROVING THE MITIGATED ~EGATIVE DECLARATION AXD ADOPTING A -MITIGATION :\tl0KITORlKG PLAN FOR THE 1136-1144 FOCRTH STREET SENIOR HOUSI?\JG/PUBLIC PARKING STRUCTURE PROJECT:' readmg by utle only and \'valvmg further readmg thereof The moHon was approved by the followmg vote Ayes Abstam Noes Absent CounCllmembers Rosenstem, Genser, Femstem, :Mayor O'Connor Councllmember Ebner. Mayor Pro Tern Holbrook None Councllmember Greenberg IVlotIOn bv CouncI1member Genser. seconded bv Councllmember FeInstem. to mtroduce for first - - readIng an ordInance entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SA}.;TA l\'10:.TICA A:VIENDIXG SANTA MONICA :\IUNICIPAL CODE SECTIONS 9040838050 AND 9 04 08 38090 REGARDING CONDITIONALLY PElUvlITTED USES AND DESIG1\ STANDARDS APPLICABLE TO PARKING FACILITIES IN THE "AU OFF- STREET PARKIl'G OVERLAY DISTRICT:' readmg by tItle only and \valvmg further readmg thereof The motiOn was approved by the followmg vote Ayes Abstam Xoes Absent CouncIlmembers Rosenstem. Genser, F elllstem. Mayor O' Connor Councdmember Ebner. Ylayor Pro T em Holbrook None CouncIlmember Greenberg MotIon by Councllmember Genser. seconded by Councllmember FeInstem, to deny Appeal 97- 002 The motlOn ,vas approved by the follOWIng vote Ayes Abstam :\' oes Absent CouncIlmembers Rosenstem, Genser, F einstem, l'vlayor O. Connor Councllmember Ebner, ~1ayor Pro Tern Holbrook None Councllmember Greenberg :-.lotlOn by Councllmember Genser. seconded b:: Councllmember Femstem. to deny Appeal 97- 003 The motIon ,vas approved by the followmg vote Ayes Abstam Councllmembers Rosenstem, Genser. Femstem. Mayor O'Connor Councllmember Ebner. :\layor Pro T em Holbrook ... -' :VIa)' 6, 1997 Noes Absent 106 None CouncIlmember Greenberg I MotIon by CouncIlmember Genser. seconded by CouncIlmember Femstem, to uphold the PlannIng ConulllsslOn approval ofVanance 95-015 to allow setback encroachments and parcel coverage m excess of 50% The mOTIon was approved by the followmg vote Aves Abstam ):foes Absent Councllmembers Rosenstem. Genser. Femstem. Mayor O'Connor Councllmember Ebner, Mayor Pro T em Holbrook ~one Councllmember Greenberg :YlotlOn by Councllmember Genser, seconded by CounCllmember Femstem, to uphold the Planmng CommIssIon approval of CondItIonal Use PermIt 97-002 to allo"v a parkmg structure m the "A.' Off-Street Parkmg Overlay Dlstnct MOHon by Councllmember Rosenstem. seconded bv Councllmember Genser. to amend the - - mOllon and add a cond1l10n of approval as follo':\is "The applIcant. m consultatIOn "nth the Cny and adjacent busmess representatIves, shall evaluate the feasIbIlIty ofprovldmg valet parkmg. shunles or drop-off zones durmg the peflod of constructIOn when the pubhc parkmg IS not aVallable In the event the applIcant. m consultatIOn WIth the CIty. determmes those parkmg measures are feaSIble, the program shall be proVided on a pIlot baSIS for no less than two months I After !\.YO months the applIcant and CIty shall evaluate the program and Its effectiveness After the evaluatIOn. the program may be dlscontmued If It IS determmed to be unsuccessful.' The motIOn \vas approved by vOice vote. Councllmember Ebner and Mayor Pro Tern Holbrook abstammg and CouncIlmember Greenberg absent 1'vJotIon by CounCllmember Rosenstem. seconded bv CouncIlmember FemsteIn. to amend the - - motIOn and add a condItion of approval that the developer Jom WIth the Cny and request permISSIOn from HCD to allow local preferences 10 whatever degree pOSSIble ill tenant selectlOn The motlOn ,vas approved by VOIce vote, CounCllmember Ebner and Mayor Pro Tem Holbrook abstammg and Councllmember Greenberg absent The mam monon. as amended. was approved by the followmg vote Ayes Abstam Koes Absent Councllmembers Rosenstem, Genser. Femstem. I'v1ayor O'Connor CounCl1member Ebner. :..rJayor Pro Tern Holbrook )Jone Councllmember Greenberg MotIon by Councllmember Genser, seconded by CouncI1member Femstem. to uphold the 4 May 6, 1997 I I I I 107 Planmng CommissIOn approval of Development Review 95-002 to allo\.v development over 22,500 square feet m the ~\VR3A Dlstnct subject to the findmgs and condItIOns as approved by the Plannmg CommISSIOn. mcludmg any amendments appropnate from those made m the last motIOn The motIon was approved by the follmv'lng vote Ayes Abstam Noes Absent Counctlmembers Rosenstem. Genser. Femstelll. Mayor O'Connor Counctlmember Ebner, Mayor Pro Tem Holbrook None CouncIlmember Greenberg MotIon bv Councllmember RosensteIn. seconded bv Counctlmember Genser. to direct staffto - - look for additIOnal parkmg spaces m the Immediate VICInity of ThIrd Street and Fourth Street and WIlshire. ask staff to analyze the effects of the forty-two temporary spaces to consider the possIbilIty that they be made permanent after the constructIOn penod as part of a publIc process With the neIghborhood. and. to authonze staff to work With the developer to ensure fau procedures III tenant selectIOn At the request of Counctlmember Genser. Councllmember Rosenstem separated the last duectIOn from the above motIon for a motIon to read as follows MotIOn by Councllmember Rosenstem. seconded by COUllCllmember Genser. to duect staff to look for addmonal parkmg spaces In the ImmedIate Vlclmty of Thud Street and F ounh Street and \Vllshlre, ask staff to analyze the effects of the forty-two temporary spaces to consider the posslblhty that they be made permanent after the constructIOn penod as part of a pubhc process ,"v1th the neIghborhood The motIon ,vas approved by vOIce vote. CounCllmember Ebner and 1vlayor Pro Tern Holbrook abstammg, CouncIlmember Greenberg absent MotIon bv Counctlmember Rosenstem. seconded bv Councllmember F emstem. to authonze staff - - to work With the developer to ensure faIr procedures m tenant selectIOn The motIon faIled by VOIce vote, CouncIlmembers Ebner and Genser. Mayor Pro Tem Holbrook. and Mayor O'Connor abstammg. CouncIlmember Greenberg absent 16: CLOSED SESSION At 8 50 P m.. CouncIl adjourned to Closed SeSSIOn 16-A: CLOSED SESSION/CONFERENCE \VITH LEGAL COUNSEL [1nstmg LitIgatIOn CItv of Santa Momca v Mobtl 011 CorporatIon et al , Case No SC045788 ACTIO!\' Heard No actIOn taken 16-B: CLOSED SESSION/CONFERENCE \VITO LEGAL COl:NSEL 5 May 6, 1997 108 AntIcIpated LItIgatIOn ~umber of cases Two ACTION Heard ::\0 actIOn taken ADJOt;Rl\"MENT At 10 00 pm. the meetmg ,"Ya5 adjourned ATTEST APPROVED ( . .ll: l {/t l/~. '--- ~~.~_-S :Viana"\1 Stewart CIty Clerk Pamela O'Connor :Vlayor 6 May 6, 1997 I I I