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CPD KG AS PF f Iplanlsharelpclstrptlta97(}03 wpd Santa Monica, Califarma
Planrung Commission Mtg 7uly lb, 1997
TO The Honorable Plannmg Cornmission
FROM Plamm~g Staff
SUB3ECT Text Arnendment 97-OQ~ to Mad~iy Section 9 04 1$ 020(c} of Article IX of the
Santa Montca Mumcipal Code Regardmg Non-Canformmg Buildings and Uses
Address Citywide
Applicant Edward Thomas Management Company
INTRODUCTION
Acti4n Proposed is the amendment of Sect~an 9 04 18 020(c} of Arucle IX af the Santa Mon~ca
Mumc~pal Code to allow the replacement of non-conformi~g archrtectura~ features which have
been remo~ed from any existuig build~ng wh~ch is des~gnated as a City of Santa Momca landmark
ar is listed on either the California Reg~ster of Histor~cal Reso~rces or the National Reg~ster of
Historic Pkaces
Recomrnendat~on. Recommendanon of apprvval to City Counc~l of the propvsed text amendment
Permit 5treamlmin~ Exnzrat~on Date. Not applicable
SITE L~CATION AND DESCRIPTION
The proposed text amenclment wauld affect all prap~rti~s C~ty-wide that are designated as eitlier
a Ctty of Santa Monaca Landmark or are iisted on the Californ~a Reg~ster of H~storzcal Resources
or the National Register of Historic Places The sub~ect property for wluch the applzcation has
been filed ~s located at 1901 Ocean Avenue (also listed as 1910 The Promenade} located m the R4
High Densrty Multiple-Family Resident~al D~strict
PRdJECT DFSCRIPTION
The appl~cant ~s propos~ng an amendment to Subchapter 9 44 18 (Non-ConfortYUng Buildings and
Uses) by amen~ing Section s.o4 ~~ o2aEc> to al~ow the rep~acement of non-conforming
arch~tectural features whzch have been removed from any exist~ng building wh~ch is designated
as a Czty af Santa Monica landmark or is l~sted on either the Ca~iforn~a Register of Histortcai
Resources or the National Register of Hzstoric Places
1
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MUNICIPAL CODE AND GENERAL PLAN CONFQRMANCF.
The proposed text amendment is consistent with the M~ucipal Cade and in conformity with the
General Plan u~. that Land Use Element Po~icy #3 1 3 states ""Encourage recent~on of histor~c and
architecturally significant resources " The proposed text amendment will allow arch~tectural
elements which have been removed from historically designated buildmgs in the C~ty to be
restored
CEOA STATUS
The proposed Text Amendment ~s exempt from the gro~isions of CEQA pursuant to Class 5 af
the State Gu~deli~es ~r~ that the proposed text amendment will allaw legal non-conform~ng
historically-designated butldings to replace removed architecturai features The proposed text
arnendment constiiutes a minor land use lurirtation with no changes m land use or denstty
PUBLIC NQTIFICATIQ~T
Notice of the public hearmg was published in The Outlook as reqt~~red by Gso~ernment Code
Section G5091 and Section 9 04 20.22 050 of the Zoiung Ordinance ten days prior to the hearmg
A copy af the notrce is contained ~n Attachment A
ANALYSIS
Background
Pursuant to Section 9 04 20 16 020(a}(3) of the Zorung Ordinance, an application was filed wrth
the C~tr for a Zonin~ Ord~nance Text Amendment to allow for the restoration, rehabilitatian
andlor reconstruct~on of histor~cally-designated buildings t~ their origuial cond~tion The
applicat~on was filed by the Edward Thomas Management Company, the pending new owners of
the Prit~k~n Longevity Center located at 1910 Ocean A~enue Accordmg to the C}ty's H~storic
Resources In~entory, chis buildmg zs eiigzble for local des~gnation as a C~ty landmark and is hsted
as a Category 3S Nauvnal Register property as potent~ally eligible as a national landmark 'Ttze
owners wish ta restore the buildmg to its original farm by replacing a penthouse which was
damaged many years ago but never rebuilt The height and the floar area ratto of the existing
building and the removed penthause do not compl~ with present ~onmg standards, therefore, the
structure ~s cons~dered a legal, non-conforming building
Text Amendment
The applicant has propased the fallawing text amendment language
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Praposed Te~rt Amendment
Adc3 Section 9 04 18 020(g)
Restoratian, Rehabilitation, and Reconstruction of Histarical Properties.
Notwithstandmg any other prov~stans c~f th~s Code to the contrary, a nonconforming
build~ng wh~ch ~s damaged or destroyed and which ~s l~sted an erther Nat~onal
Register of H~storic Places ar the Califorma Register of Hxstorical Resources or which
has been designateci as a Iandmark gursuant to the prav-sions of this Cade, may he
restored, rehabilitated, and/or reconstructed to its onginal condrtYOn, regardless of
the degree of damage suffered There shall be no tune lun~t within which such
restoration, rehabil-tation, andlor reconstruction must be commenced, provided,
however, that upan eornmeneemenc of s~eh restoration, rehabil~tatton, and/or
recanstruct~on, such work shall be diliget~tly pursued to complet}an Such
restorat~on, rehabilitation, andlor reconstrucuon shall be pernutted only m connection
with those buildings far which a determmation authoriz~ng such restoration.
reconstructton has been issued by 1) the National Park Ser~ice, fvr those buildings
listed on the Natfonal Register of His~or~c Places, 2) the Cahfornia Office af Histonc
Pzeservat~an, for thase buildings listed an the Califarnia Register of Historrcal
Resaurces; or 3} in accardance wit~ the proced~res set forth rn Chapter 9 36 of tttis
Code for those bu~id~ngs des~gnated as a City af Santa Momca Landmark The
authoriz,ed restoration, rehabilitation, and/or reconstruction shall conform to the
Secretary of rhe Interior's Standards and Guidelines fQr Rehab~litati~n
Plamm~g staff bel~e~es the applicant's intent to allow replacement of nonc~nforming h~storic
architectural features ss rr~ore clearly achieved by modify~ng the following sectian
Language to be added ~n ualres
Secuon 9 04 18 a20(c} Replac~ng Non-confarn~ng Features or Portions af Bu~ldings
(c) Non-conform~ng features or portions of buildings that are remaved shall
not be replaced unless they conform ta the prov~sians of this Chapter
Notw~thstandtng this requ~remeru, non-confarmang archnectural features whrch have
been removed fi-om am~ extsting 6utldtng whtch is designated as a Ctry of Sanra
Monaca landmark, or l~sted on either the Calrfornia Register af Histancal Resources
or the Nationa! Regrster af Historic Places may be replaced if the Landmarks
Comrnassron determines that such ~feature contnbutes to the buildrng's hcstortc
archttectural rntegri~j~ and that the reconstructaon conforms to the Secretarl~ of
Intercor's Standards for Rehabrlrtatton I.andrr~rks Commcssian review of such
reconsrructron shall be processed generall}- rn accordance with the procedures for
processcng applrcatrons for Cemfacares of Apprupr~ateness contarned rn Santa Monica
3
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MuracipaI Code Sectzon 9 36 174 The determtnation of the Landmarks Comrnasscon
under thts Section shall be appealable to the Plannang Cammassaon
The Zoning Qrdinance currently allows the "xn-kind" reconstruction of des~gnated landmazks
structures ar historically sigruficant buildings which are damaged or destroyed In addiuon, the
Code allows for the restorat~on of non-conforming bu~ldings which are damaged or destroyed to
an extent that is less than fift~~ percent of the bu~ldmg's replacemenc cost if restoration is
commenced wzthu~ one year of the date the damage vccurred The proposed text amendment
addresses situations where sigmficant ~rch~tectural features af an existing histortc bu~ldmg have
been removed and could not be replaced under current de~elopment standards As proposed, these
features cauld be repiaced sub~ect to a determination by the Landmarks Comm~ssion that such
features contribute to the building's historic architectural mtegrtty and that the replacement
conforms ro the Secretar3~ of Inter~vr's Standards for Rehabilttation The dec~szons of the
Landmarks Comimssion ~n this regard would be appealable to the Planrung Commiss~on
Anu~~~~.~t Comm~nts
In reviewing the zo~ung text amendment language proposed hy staff, the applicant expressed
concem that the re~yew process by the Landmarks Commission would cause additional delays m
movmg forward w~tt~ the construetion of a restoration pro1ect Ac~dittonally, the appl~cant thoaght
that the language ~roposed by staff implied that the arch~tectural features referenced 1n the text
were removed vvluntarily and not as a result of fire or other damage Staff believes that review
hj~ the Landmarks Commissran is essent~al to uasure that such features contribute to the buiiding's
h~staric architecnFral integrity and that the reconstruction conforms ca the Secretary of the
Inter~or's Standards for Reliabilitauon Staff does not bel~e~e that this rev~ew will cause
s~gnificant delays Secondly, ~t is staff's intent~on through the proposed text amendment language
to braaden the ctrcumstances under which a restaratron of architecturally his[oric features ma5~
occur than is currently allowed by the Zonmg Qrdmance
Conclusion
The proposed text amendment will permit, sub~ect to Landmark Comm~ssion approval, le~a~ non-
conform~n~ historically-designated structures to be restored, rehabilitated and/or reeonstructed to
their originat condit~on, thus a(lowing the most historically signifcant ~uildings in the City to
reconstruct any lost historic architectural elemenFs
RECOi~MENDATION
It ~s recommended that [he Plannmg Comrniss~on recornmend to the C~ty Council adoption of the
proposed Text Amendment to amend Se~tion 9 04 18 020(c} of the Zomng Ord~r~ance as set forth
in Attachment D i~ased upon the following findings
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1. The proposed Text Amendment is consistent in pnnc~ple with the goa~s, ob~ecn~es
and policies, land uses and prvgrams of the C~ty's General Plan, specifical~y w~th
Lartd Use Element Policy #3.1 3 wh~ch encourages the retention of tustoric and
archrtecturally significant resources in that the proposed amendment w~ll allow for
replacement of historic architectural features on des~gnated histarFC structures,
thereby promoting the retention of archrtecturally sigruficant resources in the
commumty
2 The public health, safety and ~eneral welfare requires the adagtion of the proposed
Text Arnendment language m order to perm~t the restoration of architectural features
which have been removed on buildings in the City that are h~starically designated
Ttus amendment w~ll have a posit~~e unpact vn the general welfare af the cammunity
because rt witl enab~e the restoratian of lost arctuteetural features ta histarically
designated buildings chereby cantr~buting to Santa Man~ca's ~mportant archrtectural
herita~e, visua~ character and sense of place
Prepared by Karen Gmsberg, Planning Manager
Amanda Schachter, Senior Planner
Paul Foley, Associate Planner
Attachments
A Notice of Publ~c Hearmg
B Photographs of S~b~ect Property
C Elevatzons and floor plans show~ng replaced penthouse at 1901 Ocean Avenue
D Proposed Zonmg Text Amendment language
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ATTAC H M E N T A
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OFFICIAL NOTICE OF PUBLIC HEARTNG
Subject of Hearing: Te~t Amendment 97-003
Citywide
Applicant: Edward T`hamas Management Campany
A Pubiic Hear~ng will be held by the Plannin~ Cammission on the following request
Application for an amendrrtent to the Comprehenssve La~d Use and Zonuig Ordinance, Subchapter
9(}4 1$ (Non-Conforming Buildings and Uscs), to allow the replacement of non-conformm~
arcYutectural features which have been removed from any ex~sting buildmg which is designated
as a City of Santa Mvnaca landmark or listed on either the Cal~fornia Register af H~storical
Resaurces br the National Register of Historic Places (Planner Paul Foley}
TIME: WEDNESDAY, July 2, 1997 AT 7:p0 P.M.
L~CATION: COUNCII., CHAMBER, R~OM 213, CITY HALL
1685 MAIN STREET
SANTA MONICA, CALIFURNIA
THE CITY OF SANTA MONICA ENCOURAGES PUBLIC COMMENTS iNTERESTED
PERSONS MAY COMMENT AT THE HEARiNG, OR BY WRITING A LETTER
Ixtters should t~e addressed to
Plannuig Drvision. Room 212
1685 Main Street
Santa Momca, Californza 90401
Attn (Paul Fo~e}~, Associate Planner)
Additional information may be obtained from the City Planning Divisian. To request review
of a project file and/or for more information, please call (310) 45$-$341.
The meetmg facility is accessible If you need any disabil~ty-related accommadat~ans, please
contact staff at {310} 458-87Q1 TDD Num~er (310) 458-8696
The Santa Monua Blue Bus Lmes #2, #3 anci #8 serve City Hall
Pursuant to Californ~a Government Cade Sect~on b50(}9{b), if this matter is subsequently
challenged in Court, the challenge may be lunited to only those issues raised at the Public Hearmg
described in this notace, or in written correspondence delrvered to the Ciry of Santa Monica at,
or prior to, the Publ~c Hearing
,.z~ ~z~
Esta es una noticia de una audencia publica para revisar applicaciones proponiendo desarrollo en
Santa Monica. Si deseas mas informacion, fa~or de llamar a Linnea Hernandez en la Di~ision
de Planuficacian al numero (310) 458-8341
f '~plan~~share~pc'.nottces1ta97003
APPROVED AS TO F~RM
KAREN GINSBERG
Plamm~g Manager
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ATTACHMENT B
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E~ST SIDE
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1910 Ocean =rant ~ti'alk, Sa~?ta '_+~onica, Californ~a 90405
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191G Oczan rrant Walk~ 5anta Mor:ica, Californ~a 90405
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ATTACHMENT D
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PROPOSED ZONIlVG ~RDTNANCE TEXT AMENDMENT
Language ta be added in rtalres
Sect~on 9 04 ~ 8 024(c) Replacing Non-confornu~g Features or Portions of Buildi~ngs
(c) Non-confornung features or portions of buildings that are remo~ed shall not be replaced
unless they conform to the provis~ons of ttus Chapter Notwathstandrng ~hrs requrremerrt, non-
confarming archrtectural features which have been removed from arry exJShng buiddrng which is
destgnated as a City of Santa Mor~rca larldmark, or lrsted an eJther the Calrfarnra Regzster of
Historieal Resourees or rhe Nat~or~al Regrster of Historrc Places may be replaced lf the Landmarks
Cammissron deternrrrres that srrch fe~ture coratrrbutes to the buildtng's hrstorrc architectural rntegrrty
and that the reeonstruchon canforms to ihe Secretary of 1'nterrar's Standards for Rehahrlitatron
La~admrrrks Commrssron revaew of such reconsiructron shall be processed generaddy tn acenrdunce
wrth the procedures for processrng applrcations far Certrficates of Approprrateness contarned m
SantaMonicaMuractpal Cade Sectron 9 36170 The determrrtrrtlorr af the Landmarks Commrssion
under thrs Sectron shall l~ appealaLle to the Plamm~g Commrssion.
~`"~ L~~j
"" 046
ATTACHMENT D
;~47
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MINUTES
REGULAR MEETING OF THE PLANNING COMMISSION
OF THE CiTY OF SANTA M~NICA
WEDNESDAY, AUGUST 6, 1997 CiTY COUNCIL CHAMBERS
7:00 P.M RODM 213, ClTY HALL
1. CALL TO ORD~R: The meeting was called to order at 7.46 p rn.
2. P~EDGE OF ALLEGlANCE: Comm~ssioner Gruber led the Piedge of
A11eg~ance
3. ROLL CAL.L • Present #Cer~neth Bre~sch
Frank Gruber
Lou Moench
Kathy Weremiulc
John Zinner, Chairpersan
Absent Berton R. Sradley
Er~c Charles Parlee
Also Presen~• Michael Feinstem, Crty Cou~cil Liaison
KyEe Ferstead, Commiss~on Secretary
5uzanne Friclc, Director of Pfanning/PCD
Karen G~nsberg, Planning Manager
Susan Healy Keene, Assocjate Planner
Sarah Le~uer~e, Associate Planner
David M~rt~n, ACting Sen~or Planner
Amanda Scl~achter, Seniar Plan~er
Mary S~robel, Deputy City Attorney
4 pLANNtNG DIRECTQR'S R~PORT.
Ms. Fr~ck gave the ~~rector's Report. St~e reported tt~at th~e C~ty Counc+! w~!!
be hearing the Edgemar appeals on August 12, 1997
Chair Zinner asked Ms FriclE for the status of the C~rculation Eiement
upclate, Ms Frick explained the current time line.
5. APPROVAL OF MINUTES
,~ `~ ~4~
Plannin~ Commission
Au~ust fi, 't 997
Cammissioner Weremiul< made a mot~on to appro~e the mmutes far June
1 1, 1997, and June 1$, 1997, as submitted, Commissioner Gruber
seconded the motion, wh~ch was ap~raved by voice ~ote.
fi. PUBLIC HEARINGS Cansent Calendar
6-A: De~elonment Re~iew 97-~02. 201 5anCa Monica Boule~ard and 'f333
Second Street. De~e~anrt~ent Review to a~low a 357 sauare foot brjdae
connectEna the fifth floors of two seoarate b~~ldinas at 201 Santa Monica
Bouievard and i 333 Second Street as oermi#teci b~ Santa Monica Munjci~af
Code Sect~on 9 04.08.15.060. The bridae w~l! s~an the 20 feet betweEn the
fifth floors af the two buildinas (Planner. Sarah Le~~une) Aonlicant: David
Hf~bert.
Comm~ssianer Weremiuk made a mot~on to appro~e the Consent Calendar.
Commissianer Bre~sch seconded the motion, which was ap~raved by ~oice
vote
7. Public Hearings: Cont~nued #rom Jufy 2, 1997 and Juiy 16, 1997
A. Cond~tionat Use Permit 97-OQ3. 1910 Ocean Awenue. R-4. Aanlication
for a Conditiona! Use ~ermit to aflow the issuance of a Tv~e-47 iOn-
Saie Gen~ra] Eat~r~a P9ace1, T~pe-6B {Controlled Accessl and Tv~e-68
fPartabte Bar} alcohoP I~cens~s to be rssued in coniunct~on w~th a
oror~osed hotel remodel located at 1910 Ocean Avenue The
Candit~onal Use Permi~ wauld ~Ilow th~ hotel ~p $erWe alcohal within
oubl#c function areas Encluding the lobb~. dinina and lounae areas. ~ool
d~ck. meetina and ballroam facEl~t~es Alcohof wp~,ld also be a~~ifable
in all auest roarr-s and su~tes from controffed access I~auor cabinets and
from room ser~ice. iPlanner, Paul Folevl APPLfCANT; Edward Thamas
Manaaem~n~ Comqa~v.
The applicant's representat~ve, George Mihlsten, 633 West Frfth 5treet,
Los Angel~s, was present to d~scuss the applicant
The follawing members of the pubiic spol<e
Janel Jones, 41-B Vicente Terrace, Santa Man~ca 90401
Stephan~e Sarbanell, 17 Seaview Terrace, Santa Manica 90401
St~ve Brackett, Santa Mon~ca Poi~ce Off~cers Assac , 1685 Main Street
Dar~jel L Ehrler, Exec Director, Santa Monica CF~amber of Cornmerce
Jufie Lopez Dad, 117 Pacific Street, Santa Monica 90405
Stacey Ingber, 1307 E~ghteenth Street #3, Santa Monica 90444
Harry Bennett, 324 Soutf; Beverly Hills, Los Artgeles 90212
Donna Alvarez, 339 Virgmia A~enue, Santa Man~ca 904~4
Nancy Cattell, 261 'f Efe~enth Street #4, Santa Monica 9~445
frene ZiW~, 2~'E ~~~cl~d Street, Santa Monica 90405
E.e~gt~ Kavanaugh, 930 T~vent~eth Street, Santa Monica 90403
~ -r ~~~!
Plannin~ Commission
August f, 1997
Roxanne Auer, 525 Colarado Avenue, Santa Monica 90401
Also spoke far
Beth Leder-Paci<, 7~ 4 Navy Street, Santa Monica 90405
One rrtember af the pubf~c, Susan W~ite, 650 Ker~s~ngton Road #4,
Santa Monica 90445, subrn~tted a request to spealc farm, but was not
present when her name was calfed
Mr, M~hlsten spolce in rebuttal to the public commer~t.
Camm~ss~oner Gruber asl~ed Mr. Mihlsten if h~ was aware of any
parking problems with the Shutters Hotel. Mr Mihlsten stated that he
is unaware of any parking problems for the hotel.
Councrl Lia~son Fe~nstein asiced Mr. Mihlsten if he knew when the
property was fast uti[tzed as a h~tei Mr. M~hlsten stated that it is his
understanciing thart the current use ~s constdered a hotei under the
de#mit~on cited in the Municipal Code He also stated that the building
was bu~lt as a hotel ~n thE early 1920s
Carnm~ss~oner Werer~~ul< aslced about park~ng and traffic issues for t~e
property Mr M~hlsten stated that this w~l! be d~scussed under the
next publ~c hearing rtem (7-81, hawe~er he d~d rr~ent~an that a ualet
pian is being devis~d far review by the Parl<ing ar~d Traffic Engineering
Di~FSion
Commissia~er Werem~ul< asked Ef the staff report was correct that
se~enty par{cing spaces ~n the Shutters parlung area are reserved far
use by the 19~ a ~cean bu~fd~ng Mr Mihlsten answered Gn the
affirmative
CommEssioner U1lerem~uk aslced abaut the p(anned restoratron of the
hotef bu~lding Mr M~hlsten stated that tF~is issue wilf be discussed
under Etem 7-C of ton~ght's agenda
Commiss~oner Weremiul< aslced how this pra~ect wif! be a benefit to the
cammun~ty Mr Tim DuBo+s resp~nded far Mr M~hlster~ and expla~ned
that the restoratinn w~if cost approx~mately $50-55 million and wtif
include a se~smic retrofit, histor3c restoration to tY~e appearance of the
building cn 1926, life safety upgrade and American5 w~th Disab~l~t~es
Act {ADA] requ~rements.
C~a~r Z~nner closed tt~e public hearing
Cha~r Zinner aslceci for cfar~fication an the `AA" ~ssUe Deputy City
Attarney Strobel expla~ned that the previously appro~ed Adm~nistrative
Approval (AA) was for the Prit~kin Center as a hot~l use and there was
3 ~ `~ [~ ~ .~
Plannin~ Commiss~or~
Au~ust 6, 1997
no request for alcaho~ sales Sf~e stated that if the Commission is
concerned with the Acfm~n~strat~ve Approval, then the issue shou~d t~e
ager~dized for a later discussian on ~ossEble revocation of the AA.
Comm~ssioner Gruber as~ed thE C~ty Attomey to explain the reasonEng
that the site use is consider~d a hotel. Deputy City Attorney Strobel
referred the question to the Zon~ng AdmEn~strator, Ms. Frick Ms. Fr~ck
explain~d the Administrative Approval pracess, which evaluates
whether or not a project meets the ZvnEng Ordinance standards. She
cited the criteria as includ~ng researching the pr~or uses of the
property, the locat~on (wh~ch is Er~ the R-4 Beact~ Overlay zone},
r~search~ng the building ~aermits, the business I~cense records, the
o~erall histary of the site, and prev~ous Pianning ~ivis~an actians. She
stated that based an the ev~dence, the s~te has ~ee~ used as a hote!
and club s~nce it was built and 4vas a hoteE use when Proposit~on S
was appro~ed by the ~aters ~n 1990
Chair Zinner asl<ed abo~t an ~ssue raised regardtr~g callectian of the
hatel occu~ancy tax Ms Fr~ck stated that wh~le th~s tax has not been
collected through some overs~ght ~n the Business LECense Division, the
City is work~ng on an agreement for the collectian of the back taxes.
C~ty Counc~f Lia~son ~e~nste~n aslced about an ~nterpretation regarding
the inter~s~ty of use for the property Deputy C~ty Attorney Strobel
stated the Proposal ~s not mterpreted as an mtensrftcat~on.
C~ty Council Ltaison ~einstein aslced if the hotel s~te to the sQUth of the
Lowe's Hotel has an a(cohol permit. Ms. Frick stated that the "hole in
the graur~d" does nat ha~e an alcohol perrnrt approval at th~s time.
C~ty Co~nc~l ~iaison Feinstein aslced if a site by site analysis was done
on affected pro~ert~es in 1990 for Proposition S. Ms Frick stated that
s1~e is not aware of a~y such study
CEty Counc~l Liaison Fefnstein com~ented that tf~e s~te appears to ha~e
been a hotel in the formal interpretation o# the word in 1952. Ms
~r~ck stated that the site was descri~ed ~n 1921 as club and hatel and
named the Del Mar CIuE~ SF~e also sta#eci that ~n the 'f 985 Pfanning
Division fil~, the Pr~tik~n application cites the hrstory af the property as
a"hotel m 1921" Ms Fr~ck caut~o~ed that the descriptian and
defin~tion of a hotel has changed sinee 1921 and that clubs of that era
functioned as hoteEs w~tY~ overn~ght aecommodations
Commiss~oner BreESCh commented on the
~ncluded the long term occupancy of rooms
actuaf sale of roorns He c~ted hotef/clubs ~
that st~ll funct~on ~n this manner today
h~stflry of hotels, wh~ct~
through rentals and the
n New York and Chicaga
4 . .~ ~ 5 2
Pianning Commission
August 6, 7 997
Comrn~ssianer Gruber stated that, based on the pre~iaus discussion, he
has no caneerns regarding the Zon~ng Administrator findings.
CommESSianer Moench asked if the AA is r~le~ant to the CUP
appl~catian. Chair Zinner stated ~t is only relevant if someone w~shes ta
agendize ~t far discussion at a later date
Comm~ss~oner Moench asked ~f the CU~ appl~cation far alcahol is
indEpendent of the AA appra~al. Staff responded in the aff~rmati~e.
Cammissiqn~r Weremiuk stated that she E~as no problem with the
issues regarding the AA and she does not want the top~c agendized for
later discussion. She stated that she is pleased with the work being
done on tF~ES pro~ect and the effort to sa~e the h~stonc bnck building.
She also stated ~hat there are no goad arguments agains~ grant~ng the
alcohof CUP She aslced about the requirement for food serv~ce
a~a~la~~i~ty when alcohof rs being served. Mr Martm stated that #oad
service must be a~a~lable dur~ng the hours af alcohol service, wY-fch is
sirnifar to other alcohol apprava[s.
Corr~missioner Weremiuk asked if alcohol would be perm~tted to be
served in meeting rooms Mr Mart~n ar~swered in the affirmative.
Commissiorter iNerem~ul~ commented on the lack af a traff~c and
circulation plan for the hotel and the current "grandparented" parking
for the }~roperty She suggested that there be a condrtion requinng a
valet parlung plan. Ms Friclc stated that such a cond~tion could be
added anci a valet perm~t could be obtained from the C~ty Parking and
Traffic Engineer~ng DivisEon
Commissioner Werem~ufc made a mot~on for appro~ai of the CUP with
the conditaon that the appl~cant submit a valet parking plan for
ap~raval.
Ms Frick suggested the word~ng for the condit~an be t1~at "a parkmg
and circulat~an plan be subrnitted for approval to t~e Director of
Plann~ng prior to issuance of a build~ng perm~t"
Cammissioner Moer~ch seconded the motaon
Commissioner Gruber commented on public comments regarding
drjnlcing and the abuse o# alcahol He sta~ecf that this type af facility
will not pose a pro~lem as sometimes ~s associated wEth alcohol
autlets.
Commjssianer Moench stated that, as a bar own~r, the cancerns raised
by the publ~c are maot sinc~ people already ha~e 24 fi~our a day acc~ss
~ ~m, ~~53
Plannin~ Cammission
Au~ust 6, 1997
ta alcohol in their own homes and a hatel is I~Ice a home away from
horrEe. He also cammented or~ the State regulations and code
r~qu~rements regarding alcohol
Commissioner BreESCh offered a f~nding that a~cohal service is an
intregal, but mcidentai, part of the use of the property, whECh will be a
fEVe-star hotel. He commented that nat many uses can save this
particular buildEng, whECh is ~ery histaric and part of the character of
the beacl~ Cammiss~oner Bre~sch stated that he worked on Propasition
S and part of the ~nten# af that propositian was ta save older buildings
along the beach#ront He further stated that housing can not be dane
fn this ~uilding As a preser~at~onist, he stated tt~at the building
cor~tributes to the C~ty's sustainable goals and saves landfill space. He
also stated that ct wall tal<e "deep pocl<ets" ta save this building, which
~s deterior~ting He comrr~ented that ~t is fortunate t~at someone has
the amb~tron and f~nding to rehab tF~e buEld~ng and that the Federal Tax
credits the property owner rece~ves w~tl retu~n to the C~ty. Lastiy, he
stat~d that th~s pro~ect is "extremely beneficEal° to Sanrta Mon~ca.
Cha~r Z~nner cornme~ted that there ~s little he can add #a Comm~ss~aner
Breisch's comrnents He stated that he always supports reasonable
CUPs far alcohol He c~mmented that the pro~ect w~11 be a first class
operation and ti~e hotel wil! be an ass~t for the City He also stated
that he supports Propos~t~on S
CommissEOner 1~Nerem~ulc comrnented on a recent wafk-through of the
property she did and descnbed the great publ~c space and expanse of
wrndows She also cammented on the costs to retrofrt and rehab~l~tate
the build~ng
Chair Z~nner corr~mented that the ground floor at the beach leve( has
been cfosed off ~or years and w3fl be reopened as a public space.
The mo~ion was approved by t~e followmg vote.
AYES Bre~seh, Gruber, Moench, Werem~uk, Zinner,
ABSENT Bradley, Parlee
7-B. Conditional Use Permit 97-00$. 'f$28 Qeean Avenue. RVC. Pursuant to
~~n~a Monica Mun~cipal Code $eGtipn 9 04.20.12 ~6Qfb~. Prooosed is
a Condrtional Use Permit to extend for a neriod of eiaF~teen f18}
months the riahts aranted bv CUP 94-Q~ 2, which was aooro~ed on
Ma~ 3. 1 99~ and subseauentl~ extendecf to Mav ~ 7. '~ 997. to allow a
127-soace surface aarlc,ng !~t ~Q l~e deve~oaed in the RVC Dastrict. As
~.rpoased, tf~e oarkina lot uvo~l~l h~ve v~hi~ular ~naress an~i ~aress from
Pico Boule~ard. a small quard!cashier structure, and nro~ide
Eandsca~~na m excess of th~ 1an~lscao~na reauirements of the Zonma
Ordinance The ~ro~osal m~~~$ a11 ~~ofrcable de~elooment standards.
~ `°°~ E~5~
Plannin~ Commissian
Au~ust 6, 1997
{Planner• Paul ~ole~l APPLfCANT: DMP. Inc . dba The Pr~tik~n
Lonqev~tv Center
The applicant's represe~tat~ve, Kev~n Kozal of the ~.aw Dff~Ces af
Lawrence ant~ Hard~ng, 1250 S~xth Street, Santa Monica, was present
ta disc~ss the appl~cat~an
The followmg members of the publ~c addressed the Comm~ss~on•
Douglas Heller, 708 Cedar Street, Un~~ B, Santa Mon~ca, 904Q~
Ste~e Bracl<ett, Santa Mon~ca Poliee 0#ftcers Assoc , 1685 Main Street
Roxanne Auer, 525 Colorado A~enue, Santa Monica 9Q401
The follow~ng mernbers af ~he publ~c subrr~itted requests to speak, but
were not present when their names were caller!
Jane! Jones, 41-5 Vicente Terrace, Santa Mon~ca 9o401
Stephanie 8arbanell, ~ 7 Seaview Terrace, Santa Mor~~ca 90401
Susan Whrte, fa0 Kens~ngton Raad #4, Santa Manica 90405
Mr Kozal spol<e in rebuttal to the pub[ic comment
Cha~r Zinner asi<ed Mr Kozal if he would ob~ect ta the additian o~
condEtions regardjng a bus shelter and a gateway element. Mr. Koza~
stated t~at it ~s not a~propr~ate to add conditions to a CUP extension.
Mr M~histen stated that he would be happy to d~scuss the gateway
elernent wtth staff and, ~f he coulcE be pra~ided mora infarmation on the
histary of the bus shelter, he would be wil! to d~scuss the bus shelter
also.
Comm~ss~oner Wererr~~ul< aslced Mr Mihlsten at what pq~nt dur~ng the
const~uct~on phase w~ufd the parking fot be handled. Mr Mihlsten
stated that work on the park~ng lot is slated for the end of the
construct~on plan, approx~mately 14 to 15 after the start of
constructian Mr DuBo~s stated #hat the parking !ot will not be used
as a stagmg area for cnnstruct~on He also stated that he is
negotEating with t~e to use a piece of Caty-owned ~roperty south o# the
hotel
Commissioner Weremiulc aslced how the parlcmg lort wil~ bE utilized
during tf~e construct~or~ phase Mr. DuBais stated that the Coastal
Corrzm~ssion requtres that the !ot remain access~ble for public use.
Commissioner lNeremiuk commented on the prior appro~al for this site
and i~e Comm:ssion's desire for a more appropr~ate use of the
property. SF~e aslc~d ~f there ~s any fkexib~lrty trr ~he constructian
schEdule Mr DuBois stated that the sequence ~s open for discussion.
Mr Mihlsten stated he can suppEy a letter to PlannEng regard~ng
discussion af th~s and the two pre~iaus issues.
~ L'~5
PEannin~ Commission August 6, 9 997
Chair Zinner closed the publ~c hearing.
Comm~ssaoner Maench aslced if the City can mandate parking for the
hotel si#e. Ms. Frick ansr,~ered m tl~e nEgative
Cha~r Z-nner commented on the plans in the staff report and asked E~
the lancfscaping plan ca~ be changed Ms Schachter stated t~at the
landscape plan has been approved by the Architectural Rev~ew Board.
Ms FrECI< stated that m~nor modifications may be appra~ed by the
Dir~ctor of Plann~ng.
City Counc~l L~a~son Femstein commented on setbacks for Ocean
Avenue as rEqu~red by the Ci~ic Center Specific PEan Ms. Schachter
stated that a 35 foot setback is required for a new building, however
there are na se~baclc requ~rements far parlung fats
City Co~nc~E Giaison Fe~nste~r~ remarked on a comm~nt made by Ms.
Auer regarding Eow wage hotel employees and charging those workers
to park He stated that he has heard that such em~loyees are
sometimes pa~d rrtore ta caver parlcing feas and suggested such a
candrt~on be made Ms ~r~ck stated that such a condition would ~ot
be appropnate She also stated that the park~ng lot is a public parking
lot She noted that Car~drt~o~ #28 may also not be appropriate.
Cornmissioner Gruber stated that he was not on ~he Commission when
this item w~s originally heard He aslced ahout the wording of
Condrtion #28 Deputy C~ty Attorney Strobel stated that she d~d not
recall a reason for the ~vardmg ar candition, however a Transportat~on
Ma~agement Plan may already be required for the site.
Commiss~aner Gruber aslced ~f the emplayer could pro~ide bus passes.
Ms. ~r~clc sta~ed that the Transportat~on Demand Ord~nance offers the
employer ~arious aptions to meet the required gaal.
GomrnassEaner Gruber asked rf there was any pro~is~on for the hotel to
enter ~nto this type of demand pfan. Ms Fricl~ stated that there is such
a~arov~s~an and rt ~s regulated by the rules of the ord~nance.
ComrnESSioner Gruber aslcer~ if Condition #28 is rele~ant Ms. Frick
answered in the negative
Comrnissioner VL~erernjulc stated that Condition #28 ~s not rele~ant and
the hote! {Shutte~s?1 already is requ~red to ha~e a plan
Commissioner Moench commenied on free parfcing as tt pertains to
susta~nabtk~ty ~ssues H~ also cited for the record the faffowmg:
8 l~~tr
Plannin~ Commission
Au~ust 6, 'I997
Section 9 04 02 030 410 - Hatel A building, group
of buildings ar a portion of a bu-lding wh~ch is
designed for or occ~pied as the temporary [odgi~g
pEace of ind~viduals #or generally less than th~rty
consecutive days 3ncludi~tg, but not limited to, an
estabfishmer~t held out to the public as an apartment
hotel, hostel, inn, t~me-share pro~ect, tour~st court or
other s~mifar use
Comm~ssioner Gruber commented on the rssue of the parl<ing for the
hotel ar~r~ Pritilurt Longevity Center He related his understanding tha#
Shutters has rr~ore than adequate park~ng. He expressed apm~on that
Condrt~on #28 should be left in He suggested that the employees be
gi~en bus tolcens.
Corr~missioner Gruber made a mot~on for appraval
Comm~ss~oner Moench secanded the motion.
Comm~ssioner Weremiul< aslced for a cond~t~on that the ~dward Thomas
Management Company be required to purchase the parkmg lot property
and landscape it Per this CUP at the earlEest stage of construction.
Commissioners Grub~r and Moench agreed to the amendment.
Ms Fricl~ stated for the record that the current use is ~n v~olation of the
Zaning Ordinance and current CUP
Commiss~aner 1,Neremiulc stated that the applicant needs to con~orm
with the CUP and not ignore the violation.
Commissioner G~uber asl<ed staff about placing a condition on the CUP
regarding t~e discussian lett~r offered by the hatel applicant. Deputy
City Attorney Strob~l stated that in the prjor heanng the Commission
was unable ta art~culate the need for the bus sl~e~ter and gateway
element. S~e recommended that any dESCUSS~an be done outside this
forum Ms Fnclc added that the applicant has ~olunteered to discuss
t~e issues
Chair Zinner commented that the gateway cancept was cancei~ed
because th~s locat~an ~s an ~mportant access point to the beach and the
area needs definit~a~
Comrn~ssioner Bre~scl~ expressed agreement w~th Chair Zir~ner. He
s~ated that tne Commissson would not ha~e chosen a parlung lot for
this locat~on He aclcno~~rledged that the histor~c build~ng does not
9 (~ ~ "'
r
Pfannin~ Commission
August 6, 1997
meet current parlcing requ~rements, t~owever the reuse of the building
and the par]<~ng lot use are hest ~eal at th~s t~me.
The mot~o~ was approved k~y the following ~ote
AYES Breisch, Gruber, Moench, Wererr~iu{c, Zinner,
ABSENT• Bradley, Parlee
7-C. Text Amendment 97-003. C~tvwide. Aqolication for an amendment to
~h~ Cornorehe~sive Land U~~ ~nd Zonina Ordinance. S~bchar~ter
9 04 18 tNon-Conformina Buil~inas and Uses1, to allow the
r~placement o# no~-co~form~ng ~rGhitectura~ features which have been
removed from any existEna ~u~ld~na wh~ch ~s desianated as a Cit~ of
Santa Monica landmarlc or is I~sted on e~ther the Cali#ornia Reaister flf
HistorECal Resources or the Nationaf Re4ister of Historic Places.
fPlanner• Paul Folev} APP~I~ANT ~dward Thorr~as Manaaement
Comqanv
The applicant's representat~ve, ChrEStie McAvoy, 1728 North WhitEey,
Hollywood, was present to dESCUSS the proposed Text Amendment.
The follow~ng members of the publ~c spol~e
Rodney Punt, 424 Tvventy-Second Street, Santa Monica 90402
Julie Lopez ~ad, 117 Pac~f~c Street, Santa Mon~ca 90405
The following members af #he p~blic submitted reauests to speak, but
were r~o# pr~sent when the~r r~ames were called:
Stephanie Barbanell, 17 Seav~e~v Terrace, Santa MoniCa 90401
Steve Braclcett, Santa Mon~ca Polfce Officers Assoc , 1685 Main Street
Janel Jones, 41-8 Vicente Terrace, Santa Monica 90401
Susan Wh~te, 650 Kens,ngtan Road #4, Santa Monica 90405
M5 McAvoy spaEce ~n rebuttal to the publ~c comment
Chair Z~nner closed the publ~c hearing
CommjssEOner I~~~eremEUlc made a motion ta approve the text
amendment per the staff repar#
Comm~ssioner Breisch seconded the mot~on He aslced that the
appro~al incl~de Cflnd~t~on #3 from the Secretary of the fnterior`s
Standards far Rehab~l:tatfon The cond~t~on r~ads as follows.
(3f Each property sh~ll be recogn~zed as a physical
recorc~ afi ~ts t~me, place, and use Changes that create a
false sense of historica! development, suc~ as addEng
con~ectural features or a~ch~tect~ra! elements from other
bu~ldings, shall not be undert~l<en
10 i J~ ~S
Plannin~ Commission
Au~ust 6, 1997
Carr~missioner Maench commented or~ the public process. He stated
that t~e Corr3mrssron rrrust be dESpass~ar~ate and I<eep an open mmd on
each pro~ect He expressed support ~or the motion
Commissioner Gruber cort~mented on t~e Text Arr~endment process.
He stated that if people do not suggest things far Text Amendment's,
the Crty could miss out on gaod opportt~ni~ies.
Charr Zmner stated that the Zonmg Ordinance is a~rving document. He
stated that as text ~n the ord~nance is tested aver t~me, Text
Amendments need to be r~ade
Cornm~ssioner Bre~scl~ stated that part o# the Text Amendment states
that buildGngs must be landrnarl< ~]ig~bl~ artd there are very few such
pro~erties left to could be cons~dered el~gible
The motion 5,rvas approved by the fo[lowing ~ote.
AY~S• Breisch, Gruber, Moe~ch, lNeremiuk, Zinner,
ABS~NT. Bradley, Parlee
fThe Cornmission tool< a brealc at th~s t~me.]
8 P~bhc Hearings
$-A. Conditionaf Use Permit 97-~05. Variance 97-021. 23~5-2309 Ocean
Park gouie~ard. R3-BR, A~r~lication for a Cor~d~tionaf Use Perm~t to
allow the continued ~se af ~n exastina ne~ahborhaod ^rocerv store with
a Tv~e-ZO (Off-Sale Beer and L~linel alcahol I~cense and ta allow the
con~ersian of a nonconforming aen~ral offic~ u~e to an office far a
char~table oraan~zat~an A Variance to aifow the conti~ued use of the
existina r~~igh~prhpod arocery St9r~ w~t~ 5~arluno snaces ir~ lieu of
the 6~arlung $oac~s rea~,~retf bY Code ~s also reauested, The
Conditional ~Js~ Perm~t w~~ch permi~t~~ a neighbprhood aracery store
and a Qene~al of#~ce at thES nrpbert~ has exqired Under the R3 District
develonment standards. neiahborhood arocer~ stores and aff~ces and
meet~np rooms far charitable. vouth and wel#are oraanEZat~ons are
nermitted subiect to apbro~a! af a Condrtional Use Permit (Planner:
Susan Healv Keene 1 A~olicant Teri Jacobs
The appficant's representat~ve, Rosario Perry, 1333 Ocean A~enue,
Santa Monica 90~a1, v:fas present to discuss the application.
One member o~ tne ~ubf~e, ~m~ne StaPler, 2301 Ocean Park Boule~ard,
Santa Monica 90405, addressed the Commission regarding the
applicatior~
11 ~~~
Plannin~ Commission August 6, '1997
Chair Zinner closed the public h~ar~ng.
Comrn~ssioner iNeremiufc asl<ec~ about changr~g Condrt~on #21, which
was a request of the appl~cant's representat~~e. Deputy C~ty Attorney
Strobel stated that the restr~ctEOn is "for o#her uses perm~tted by right
in the zone"
Commissianer Weremiuk made a motian for appra~al w~th staff
cond~t~ons; and w~th Cor~d~t~on #21 being amended to 90 days; and
wrth the deed r~str~ct~on be~ng for ~`any use permitted by right i~ the
zone"
Commjss~oner Bre~sch seconded the motion He asked staff why the
candition regardir~g vacating the tenant s~ace was for 45 days. Ms.
Keene stated that staff advised the appficant of the requ~rement for the
tenant to vacate many months ago, therefore th~ short t~me fram~ was
deemed appropr~ate
Commiss~oner Gruber expressed support for the motion
The rr~ot~on ~vas approved by the followmg vote•
AYES Bre~sch~, Gruber, Moench, tiNerem~uk, Zinner,
ABSENT. Bradley, Parlee
$-B. Developn~ent Review 97-00~, 23~0 Colorado Ave~ue. C-5 fSo~cial
Office Comme~c~ail. A~pfication for a Develo~ment Review Permit ta
allo~v the ~~nstruct~on af a n~w, 191 .000 sauare foot, six-storv office
bu~ldina abQy~ ~ Chree-ie~el. f~7 S~ace subterran~~n oarlcina aaraae at
the s~te Icnovvn as The A~horetum A Develo~ment Rev~ew Permit is
reauired ~p en~ure that th~ prqposed bro~~~t compfres with the
reauirement~ qf ~he D~~~fo~m~n~ Aareem~nt for this drooertv.
(Pl~nn~r D Jerex ? Ap~l~c~n~ Da~id Forbes Hibbert far Arbaretum
De~elo~ment Partners ContEnued to Aug~ast 20, 1997
9. NEW BUSINESS
A. Aooointrrient of Plannina Commiss~on Reer~sentative to 415 Pacific
Coast Hiahw~y VVori~ina Group
Ms G~nsberg expla~ned to the Camrnission tha~ the City Council has
establ~shed the format~on of a ~^~ork~ng graup to de~elop a plan for the
reuse of the 41 5 P C H property Members of the worlcing group will
be one representative each from the Arch~tectural RevEew Board, the
Landmarks Corr;m~ss~o~, the Recreatior~ ancf Parl<s Comrrz~ssign, tY~e
Pfann~ng Comm~ss~on ar~d two City Councif inembers iFemstein ~nti
Genserl
12 ~' tib~
Planning Cammissian
August 6, 1997
Deputy City Attorney Strobel pqinted Duf Of #h~ recard an error in the
stafif repart She stated that the t~otel pro~ect praposed for the srte
~nras defeated by a vot~ af the people under Prapvsrtion Z, not
Proposition S
COr'1"im~SSiOn~f Bre~sch expr~ssed ~nterest in the worl<ing graup and was
ap~arnted as the Commiss~on's representat~ve by Chair Zinner.
10. COMMISSION AGENDA.
A. U~dated Plannina Comm~ss~on Discussion Item List
Comrr~rssioner Moench aslced t~at D~scussion ltem #4 be dropped; that
#3 be ~eard with #17 and n 19, and that #5, the Dawntown Parking
d~scussion ~nclude the overall C~ty Parking Policy
Chair Zcnn~r stated tt~at tt 13 can be dropped fram the I~st
Commissioner Moench stated hES u~derstand~ng that these can anly be
discuss~on ~tems and there ~s na budget for further act~on Chakr Zmner
comrnented that he has d~scussed th~s ~ssue with several C~ty Cauncil
members ar~d th~y were ~n favor of the Comm~ss~on explor~ng more
~ssues
Cha~r Z~r~ner commented that staff can move #he items araund as
seems reasonable
Comm~ssioner WeremFUlc stated that #~, on Proposit~on 218, should
also ~nclude the street I~ght~ng issue Chair Zinner commer~ted that the
C~ty of Torrance has recently woriced on th~s ~ssue and should be
contacted Ms Fr~ct< stated she is a4~rare of Torranc~'s worl< and staff
wilf contact Lhem
Cflmmiss~oner Gruber commented on the City Counc~!'s approval of the
Downtown Urban Des~gn plan He also commented that he forgot to
mer~tion at the City Co~.~nci~ m~eting that staff was great thraughout
th~s process
Commissioner 1~"~'eremiuk asl<ed that ~n the future, the Corrtmiss~on, or
at least the Comm~t~ee rr~embers, rece~~e copi~s of staff's
recommendat~ons pnor to the City Counci! meeting
11. PUBLIC INPUT None
12. ADJO[iRNM~NT The meeting r,vas ad~ourn~d at 1~ 28 p m
~3 L'~~
Plannin~ Commission
f lplanlsharelpciagen~a'~,pca86 97
8/12/97
14
August 6, 1997
APPROVE~ SEPTEMBER 17, "[997
~`~c