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M-9/21/1993 I I I 197 CITY OF SANTA MONICA CITY COUNCIL MINUTES SEPTEMBER 21, 1993 An adjourned meetIng of the Santa Monica CIty CouncIl was called to order by Mayor Abdo at 6:40 P.M. on Tuesday, September 21, 1993, In the CouncIl Chambers Roll Call Present: Mayor Judy Abdo Mayor Pro Tempore Antonio Vazquez Councilmember Ken Genser Councilmember Asha Greenberg Councilmember Robert T Holbrook Councilmember Kelly Olsen CouncIlmember Paul Rosenstein Also Present Actmg City Manager Susan McCarthy Actmg CIty Attorney Joe Lawrence CIty Clerk Clance E Dykhouse CouncIlmember Holbrook led the assemblage m the Pledge of AllegIance to the Flag of the Umted States of America 7-A: APPEAL/DEVELOPMENT REVIEW 92-002/CONVERSION OF OFFICE SPACE TO MEDICAL OFFICE/1919 SANTA MONICA BOULEVARD ApplIcants: 9th and 34th Street Partners. Appellants Ken Genser, Kelly Olsen, and IrwIn Zeke Warsaw. CouncIlmember Greenberg moved to contmue tIns Item to the meeting of October 5, 1993 at the request of applIcant Joe Landow Second by Councilmember RosensteIn DIScussion was held CounCIl asked questions of ApplIcant, Joe Landow CouncIl asked questIons of staff Appellant Warsaw stated he was opposed to a continuence, because he would be unable to attend another meetIng He asked to be heard tIns date CouncIlmember Rosenstein moved to amend the motion to allow those members of the publIc who cannot return at a later time to speak this everung The motIon was accepted as fnendly, DIscussion was held Mayor Abdo moved to amend the motIon that this Item be continued to the meetIng of December 14, 1993 The motion was accepted as fnendly The motIon was approved by the followmg vote' CouncIl vote Affmnative' CouncIlmembers Greenberg, Holbrook, RosensteIn, Vazquez, Mayor Abdo Negative Councilmembers Genser, Olsen September 21, 1993 1 198 Appellant Irwm Warsaw stated for the record that he consents to waIve his fight to rebuttal and recogmzes that new informatIon may come up in subsequent hearings Appellant Irwin Warsaw spoke m support of the appeal and m OppOSItIOn to the proposed project CouncIl asked questIons of Mr Warsaw. Member of the pubhc Joy Fullmer expressed her concerns Member of the publIc MerrItt Coleman spoke in support of the appeal The publIc hearing was contInued to the meeting of December 14, 1993 7-B: APPEAL/TPC-273/2641 FOURTH STREET: Presented was the appeal of Planning Commission approval of amendments to the condItlons of approval for Tenant-PartIcIpatmg ConversIOn, TPC-273, at 2641 Fourth Street, to allow the consolidation of Umt One and Unit Seven. ApplIcant Joseph & Laura CIaramella Appellant: CouncIlmember Ken Genser, Council asked questions of staff, Appellant Councilmember Genser spoke in support of the appeal and In OppOSItIOn to the project Ralph Goldsen, Rent Control Board. speakIng on behalf of Appellant, spoke In support of the appeal and In OpposItIOn to the proJect, CouncIl asked questIOns of Mr Goldsen. Councilmember Genser moved to allow the representative of the applicant to utIlIZe the remainder of his presentatIOn tune for the purpose of rebuttaL Second by CouncIlmember Greenberg. The motIon was approved, CouncIlmember Olsen opposed, Rosario Perry l representmg the applicant. spoke in favor of the project and in OpposItlon to the appeal Council asked questions of Mr Perry Member of the publIc Joy Fullmer expressed her concerns. Member of the Rent Control Board Suzanne Abrescia spoke ill support of the appeal and In Opposltlon to the project, Members of the pubhc Laura CIaramella and Yves Ferrier spoke ill support of the project and m oppositIOn to the appeal Representative of the apphcant, Rosano Perry, presented a rebuttal Ralph Goldsen, Rent Control Attorney, spoke m oppposition to the appeal CouncIl asked questIons of staff CouncIlmember Genser moved to overturn the Plannmg ComnusslOn approval and approve the staff recommendation Second by CouncIlmember Olsen, Council asked questions of staff DISCUSSIon was held. The motion faIled by the following vote' Council vote AffIrmatIve CouncIlmembers Vazquez, Olsen, Genser NegatIve, CouncIlmembers Rosenstein, Holbrook, Greenberg, Mayor Abdo By vIrtue of the above action, the appeal was denied and the Planmng Comnussion declSlon was upheld, At 9 02 P M., Council adjourned for a short recess Council reconvened at 9 32 P M with all members present 8-A: OFF-STREET PARKING REQillREMENTS Presented was an ordmance for second readIng and adoptIOn amendmg Santa Moruca MumcIpal Code SectIon 9 04 10 08 regarding off- street parking requirements (Text Amendment 92-010). CouncIlmember Genser moved to adopt Ordinance No 1705(CCS) entitled' "AN ORDINANCE OF THE CITY COUNCIL OF THE September 21, 1993 2 I I I I I I 199 CITY OF SANTA MONICA AMENDING PART 904.10.08 OF THE SANTA MONICA MUNICIPAL CODE REGARDING OFF-STREET PARKING REQillREMENTS," readmg by tItle only and walvmg further readmg thereof Second by CouncIlmember Holbrook The motion was approved by the following vote: CouncIl vote: Unammously approved 7-0 8-B UNEXCA V A TED AREAS IN FRONT AND SIDE YARDS/REQUIRED LANDSCAPE AREA FOR BUILDING SITES/SUBTERRANEAN PARKING STRUCTURES/SEMI- SUBTERRANEAN PARKING STRUCTURES/RESIDENTIAL, RVC OR BCD ZONING Presented was an ordmance for IntroductIon and first readIng amendIng Santa MOnIca Mumclpal Code Section 9 04 10 02 170 and (a) regardIng unexcavated areas in front and SIde yards, SectIon 9 04 10 04,060 regarding required landscape area for bUIldIng sites, SectIOn 9 04 10 08 200 regardmg subterranean parking structures, and SectIOn 9 04 10 08 210 regardmg semI-subterranean parking structures in all reSIdentIal, RVC or BCD Zoning DIstricts (Text Amendment 93-004) At 9:40 P.M., Mayor Abdo declared the publIc heanng open. There beIng no one wishing to speak, the publIc heanng was closed DISCUSSIon was held. CouncIlmember Genser moved to introduce for fIrst readmg an ordinance entItled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING VARIOUS SANTA MONICA MUNICIPAL CODE SECTIONS RELATING TO PERMITTED ENCROACHMENT INTO REQUIRED UNEXCA V ATED FRONT AND SIDE YARD SETBACKS," as amended, readIng by tItle only and waiving further readmg thereof SectIon 1(a) amended to read "On any parcel having a width of 50 feet or greater m a residentIal dIStrIct, or m the RVC or BCD DistrIct, .." and Section 1(b) amended to read "For parcels In excess of 70 feet in WIdth in a residentIal dlstnct, or m the RVC or BCD DistrIct, II Second by Mayor Abdo The motIOn was approved by the following vote CouncIl vote: Unammously approved 7-0 8-C, INTERIM DEVELOPMENT STANDARDS AND PERMITTED USES/PORTIONS OF Ml/C5 DISTRICTS' Presented was an ordmance for introductIon and fIrst readIng establIshing Interim development standards and permItted uses for portIons of the Ml/C5 Dlstncts CounCIl asked questIons of staff. At 9'45 PM, Mayor Abdo declared the public heanng open. Member of the publIc Joy Fullmer expressed her concerns. Members of the publIc Ken Ayeroff and Ken Kutcher spoke in support of changes proposed by the Chamber of Conunerce regarding office use Member of the publIc ChrIS Hardmg urged CouncIl to abandon the special study zone. Mayor Abdo closed the publIc hearmg at 10:06 P M Mayor Abdo moved to mtroduce for fIrst readIng an ordinance entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABUSHING INTERIM DEVELOPMENT STANDARDS FOR PORTIONS OF THE CITY LOCATED IN SELECTED AREAS OF THE M1 AND C5 DISTRICTS," as amended, readmg by title only and waIving further readmg thereof. Second by Councllmember Genser CouncIl asked questIons of staff CouncIlmember Rosenstem moved to amend the motion to move the followmg uses from SectIon (1) to SectIon (2) 1) September 21, 1993 3 200 Broadcastmg/commumcatlOns, telecommumcatIons faClhtIes (presently (l)(c)); 2) Laboratones and facilities for medIcal testmg and SCIentIfic research development and testmg (presently I (1)(i)), 3) Publishing faCilIties (presently (1)(n)), 4) Outdoor or enclosed entertainment-related facIlities including, WIthout lmutation, mOVIe studlOS and production faCIlItIes, dIstribution facIlitIes, editmg facIlIties, catenng faCUltIes, printmg facIlitIes, post-productIOn facilItIeS, set construction faCIlIties, sound studIOS, speCIal effects facIlities and other entertainment-related productIon operations (presently (l)(r)), and; 5) All uses customary or mcidental to the production or dIstnbutIon of motion pictures and other forms of audiolvlsual products, mcludmg, but not limited to, educatIon and entertainment films or tapes (presently (1)(s)) The amendment was not accepted as friendly by the seconder. Second by CouncIlmember Holbrook Discussion was held. The motIon was approved by the followmg vote. Council vote Affrrmauve: Councilmembers Greenberg, Holbrook, Rosenstein, Vazquez, Mayor Abdo NegatIve. Councumembers Genser, Olsen Councilmember Genser requested that the record reflect that he voted "no" on tlus Item because he believes that tlus aCtIon effectively up-zones tlus area, gIvmg development rIghts that no other area has and that thIS IS, m fact, an extensIOn of the Special OffIce DistrIct throughout this regIOn. Further, Councilmember Genser stated hIS belIef that It is wrong to make tlus type of deCision which furthers only the pnvate mterests of a few mdividuals yet has the potential to create sigmflcant adverse Impacts for the maJonty of the community. I CouncIlmember Genser withdrew hIS second on the main motion. Councilmember Greenberg seconded the mam monon. CouncIlmember Holbrook moved to delete all reference to the SpeCial Study Zone for the purpose of publicatIon. The prohIbItIOn of muln-fannly housmg would then apply to the entire MlIRD District, including the properties located m the SpeCIal Study Zone and the 1.0 FAR would apply to the entIre dIstrIct, mcludmg the properties now located ill the SpeCIal Study Zone Second by CouncIlmember Rosenstem DISCUSSIon was held. The motion faIled by the followmg vote CouncIl vote Affrrmative' Councdmembers Greenberg, Holbrook, Rosenstem NegatIve CouncIImembers Genser, Olsen, Vazquez, Mayor Abdo Councilmember Holbrook moved to amend the motIon to change the FAR III the SpeCIal Study Zone from .65 base to 1 0 base. Second by Counctlmember Greenberg. DiSCUSSIOn was held. The motion faIled by the following vote Councd vote Affirmative: CouncIlmembers Greenberg, Holbrook Negative, CouncIlmembers Genser, Olsen, Vazquez, Mayor Abdo September 21, 1993 I 4 I I I 201 Abstam Councilmember Rosenstem DIscussIon was held The mam motion, as amended, failed by the followmg vote Council vote AffirmatIve: CouncIlmembers Greenberg, Holbrook, Mayor Abdo NegatIve. Councilmembers Genser, Olsen, Rosenstem, Vazquez Mayor Pro Tempore Vazquez moved to mtroduce for first readmg an ordmance entItled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR PORTIONS OF THE CITY LOCATED IN SELECTED AREAS OF THE Ml AND C5 DISTRICTS," as amended, reading by tItle only and waIving further readmg thereof Second by CouncIlmember Genser Mayor Abdo moved to amend the motIon by addrng the uses sectIon Second by CouncIlmember Holbrook DISCUSSIOn was held The amendment was ruled out of order The mam motIon faIled by the followmg vote: CouncIl vote: AffirmatIve' Councilmembers Genser, Olsen, Vazquez NegatIve. CouncIlmembers Greenberg, Holbrook, Rosenstein, Mayor Abdo Mayor Abdo moved to reconsIder the ongmal motion as amended With changes to the uses sectIon Second by Councllmember Holbrook The motIon faIled by the followmg vote CouncIl vote: AffirmatIve, Councilmembers Greenberg, Holbrook, Mayor Abdo NegatIve Councilmembers Genser, Olsen, Rosenstem, Vazquez Councilmember Genser moved to approve the staff recommendatIOn but increase the allowable floor area ratio in the Special Study Zone, when there IS no housmg, to 66 FAR Second by Mayor Pro Tempore Vazquez Discussion was held The motIon failed by the following vote CounCIl vote: AffirmatIve: Councilrnembers Genser, Olsen, Vazquez NegatIve Councllrnembers Greenberg, Holbrook, Mayor Abdo Abstam: Councilmember Rosenstem Councilmember Greenberg moved to contmue thIS Item to the meetmg of September 28, 1993, Second by Mayor Abdo DiSCUSSIOn was held The motion was approved, Councllmember Genser abstamed September 21, 1993 ~ 202 Mayor Abdo moved to hear the "14" Items as It14" Items at the meeting of September 28, 1993 Second by Councllmember Genser The motion was unanimously approved 9-A, CLOSED SESSION Not held 14-A ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS The annual appointments of members to Boards and Commissions were contmued to the meetmg of September 28, 1993. 14-B COUNCIL PROCEDURES The request of Councllmember Rosenstein to dISCUSS consideratIon of CouncIl procedures was contmued to the meeting of September 28, 1993 14-C: AUTHORIZATION FOR CITY CLERK TO PUBLISH NOTICE OF ANNUAL VACANCIES/PIER RESTORATION CORPORATION BOARD OF DIRECTORS The recommendation to authorize the CIty Clerk to publIsh NotIce of Annual VacancIes for the PIer RestoratIon Corporation Board of DIrectors was contmued to the meetmg of September 28, 1993. 15: PUBLIC INPUT: Mayor Abdo moved to hear the publIc for one nunute under PublIc Input. Second by Councllmember Rosenstem, The motion was approved, Councllmember Holbrook opposed Member of the publIc Joy Fullmer expressed her concerns Member of the publIc John Jurenka discussed problems bemg experienced WIth shoppmg carts. Member of the publIc Art Casillas reported on drug and gang problems III the PICO NeIghborhood Member of the publIc Ron Taylor dIscussed Jobs for the homeless. ADJOURNMENT At 10.57 P.M., the meetmg was adjourned. ATTEST -~~?Lj~ Clance E Dykhouse CIty Clerk APPROVED: qJ,aL Judy Abdo Mayor September 21, 1993 Q I I I