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SR-6-M (60) LUTM:PB:DKW:GSjCCMEM101.PCWORD.PLAN Council Mtg: August 13, 1991 "-1'1 AlIa 1 3 1991 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: certification of Statement Appeal of Conditional Use Street. of Official Action Permit 90-101, 1247 for 23rd INTRODUCTION This report transmits for City Council certification the statement of Official Action for the appeal of the above listed Conditional Use Permit to allow the construction of a four unit condominium in an R-2 District located at 1247 23rd street. BACKGROUND On June 4, 1991, after a public hearing, careful review of the record and staff recommendations, the City Council approved the Conditional Use Permit with added conditions including directing the Planning commission review the subterranean garage. staff reviewed the Council minutes of June 4, 1991 and the audio tape to understand the intent of the Council action. Further, based on Council action on another appeal on July 23, 1991, it was made clear that the Council intended to require that no subterranean garage be closer than one half the depth of the required front yard setback. Condition Number 43 reflects this intent (page 9). However, the City Attorney's Office has indicated that the statement of Official Action must reflect the actions of the - 1 - '-M M16 1 3 \991 Council at the original hearing and not the subsequent discussions and clarifications of the Council's intent. A transcript of the June 4, 1991 hearing is attached for review. A second version of the Statement of Official Action is provided (page 9a) with a different condition 43 which reads "No more than 50% of the required front yard setback shall be encroached upon by the subterranean garage. An area equal to 50% of the required front yard setback must remain unexcavated. The intent shall be to provide an area of adequate landscaping." Thus, two versions of Condition Number 43 are provided herein. The one on Page 9 reflects what we believe is the Council's intent and alternate on page 9a reflects the actual language of the motion passed by the Council. RECOMMENDATION Based on advice from the city Attorney's Office, staff is recommending the Council adopt the statement of Official Action with condition 43 as amended on page 9a since it appears to accurately reflect the Council's original action. Prepared by: Gina szilak, Assistant Planner Paul Berlant, Director of Land Use and Transportation Management Attachment: A. Statement of Official Action dated 06/04/91. B. Minutes City Council Meeting dated 06/04/91. GS PC/CCMEM101 08/08/91 - 2 - AL:E~~;TE C:~~I~I~~ ~3 40. Prior to issuance of a certificate of Occupancy, the owner shall dedicate the rear 2.51 of the property for future alley widening to the satisfaction of the General Services Department. 41. The required front yard set back is twenty feet. A chim- ney and floor area of a bay window encroach into this set- back by one foot. Plans shall be revised and submitted to staff prior to Architectural Review Board submittal. 42. The Architectural Review Board shall pay particular atten- tion to the transition of the projects architectural style and mass to the one story buildings on either side of this development project. 43. No more than 50% of the required front yard setback shall be encroached upon by the subterranean garage. The intent shall be to provide and area of adequate size landscaping. 44. The project applicant shall submit revised plans reflect- ing compliance with condition 43 to the Planning Commis- sion for review and approval. Prepared by: Gina Szilak, Assistant Planner RES PC/stoIIIOl 08/08/91 VOTE Ayes: Nays: Abstain: Absent: councilmembers Holbrook, Katz, Zane, Abdo Councilmembers Genser, Olsen Councilmember Vazquez NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Or- dinance, 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 1400. r hereby certify that this statement of Official Action accurate- ly reflects the final determination of the City council of the City of Santa Monica. _ 9a_ STATEMENT OF OFFICIAL ACTION CITY COUNCIL PROJECT NUMBER: CUP 90-101, VTPM 22722 LOCATION: 1247 23rd Street APPLICANT: Joseph Yadegar CASE PLANNER: Gina Szilak REQUEST: Construction of a Four-unit Condominium in R-2 Zone CITY COUNCIL ACTION 6(04/91 X Date. Approved based on the following findings and subject to the conditions below. Denied. other. EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED: 6/04/91 CUP 90-101 EXPIRATION DATE(S) OF ANY PERMITS GRANTED: 6(04/93 CUP 90-10l LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S) 3 months cuP 90-101 with written request - 1 - CONDITIONAL VSE PERMIT FINDINGS 1. The proposed use is one condltionally permitted withln the subject district and complies wlth ~:l of the applicable provl.sions of the "city of Santa Monl.ca Comprehensive Land Lse and Zoning ordinancell, in that the proposed condominl- um conforms to the Zoning Ordinance and the General Plan. 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 it would be located in a multi-family residential district. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the proposed proj ect meets the density and development standards for the R2 District. 4. The proposed use presently on the are to remain, demolished. is compatible with any of the land uses subject parcel if the present land uses in that existing structures would be 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 area is a mix of single-family and multi-family residential buildings. 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 the proposed development is an in-fill of urban land adequately served by existing infrastructure. 7. public access to the proposed use will be adequate, in that the site is adequately served by existing streets and an alley. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that all setbacks as condi- tioned, lot coverage and height requirements for the R:2 District have been met. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the area is de- fined as a Low Density Residential area by the Land Use Element to the General Plan. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or qeneral welfare, in that the proposed project complies with the provisions of the Zoning Ordinance and the General Plan. - :2 - 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special cond~tions outlined in Subchapter 7, Section 9055 of the city of Santa Monica Comprehensive Land Cse and Zoning Ord~nance, in that no Performance Standards Permit would be required. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the area is defined as a low-density mUlti-family residential area. CONDITIONAL USE PERMIT CONDITIONS Plans 1, This approval is for those plans dated (March 27, 1991) 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. The subterranean parking plans shall be revised to the satisfaction of the Planning Commission. 2. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General ~lan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 4. 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. Architectural Review Board 5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architec- tural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback im- pacts of any ramps or other features necessitated by ac- cessibility requirements. 6. The existing mature palm tree shall be preserved in their present location on site, relocated to a specific location on site or replaced with specimen trees to the satisfac- tion of the Architectural Review Board. - 3 - 7. The Arch1tectural Rev1ew Board, in its review, shall en- sure that at least 50% of the required front yard setback shall be adequately landscaped. 8. Plans for f1nal des1gn, landscaping, screening, trash en- closures, and signage shall be sUbject to review and ap- proval by the Arch1tectural Review Board. 9. The Architectural Review Board, in its review, shall pay part1cular attention to the project's pedestrian orienta- tion and amenities: scale and articulation of design ele- ments; exterior colors, textures and materials: window treatment; glazing: and landscaping. 10. Construction period signage shall be subject to the approval of the Architectural Review Board. 120 Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. l2. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9040.13- 9040.15. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Re- view Board in its review shall pay particular attention to the screening of such areas and equipment. 13. No gas or electric meters shall be located within the re- quired front or street side yard setback areas. The Ar- chitectural Review Board in its review shall pay particu- lar attention to the location and screening of such meters. Fees 14. The City is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the City. This ordinance may require that the owner of the proposed project pay such new development fees, and that employers within the project pay such new annual em- ployer fees related to the City'S Transportation Manage- ment Plan. 15. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unites) on the subject lot, - 4 - per and subject to the provislons of Section 6670 et seq. of the Santa Monlca Munlcipal Code. Demolltion 16, until such time as the demolition is undertaken, and un- less the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveil- lance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscap- ing material remaining shall be watered and maintained until demolition occurs. 17. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance l242 ( CCS) . 18. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 19. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 20. No demolition of buildings or structures built prior to 1930 shall be permitted until the end of a 30-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no de- molition shall be approved for 90 days from receipt of a complete application for demolition, or upon the deter- mination by the Landmarks Commission that the application for landmark designation does not merit formal consider- ation, whichever is sooner. Construction 21. Unless otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 22. sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Oepartment of - 5 - General ServJ.ces. Approval for this work shall be ob- tained from the Department of General ServJ.ces prior to issuance of the buildJ.ng permits. 23. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure coverJ.ng to minimize dust emissions. 24. Street trees shall be maintained, relocated or provided as required in a manner consistent with the city's Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval 'of the Department of Recreation and Parks. 25. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General Services prior to issuance of a building permit. The ap- proved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how de- molition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erec- tion/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction: 5) Set forth the extent and nature of any pile-driving operations: 6) Describe the length and number of any tiebacks which must extend under the property of other persons: 7) Specify the na- ture and extent of any dewatering and its effect on any adjacent buildings: 8) Describe anticipated contruction- related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) state whether any construction activity beyond normally permitted hours is proposed; ll} Describe any proposed construction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting, and security personnel: 13) Prov~de a drainage plan: l4) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager. 26. A sign shall be posted on the property in a manner consis- tent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. - 6 - 27. A copy of these conditions shall be posted in an easily visible and accessible location at all t~mes during con- struct~on at the proJect site. The pages shall be lam~- nated or otherwise protected to ensure durability of the copy. Env~ro~mental M~tigation 28. 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.) 29. Prior to issuance of a Certificate of Occupancy, project owner shall present documentation to the General Services Department certifying that existing Santa Monica occupan- cies with toilets installed prior to 1978 have been retro- fitted with ultra low-flow toilets (1.6 gallons per flush or less) such that development of the new project will not result in a net increase in wastewater flows. Flow from existing occupancies which will be removed as part of the new development may be deducted from flow at- tributable to the new development if such occupancies have been occupied within one year prior to issuance of a Building Permit for the proposed project. Alternatively, proj ect owner may provide a payment to the General Ser- vices Department in an amount specified by General Ser- vices in lieu of the installation requirement, which funds shall be used by the City for the exclusive purpose of achieving compliance with this condition by retrofitting existing occupancies. Flow calculations for new develop- ment and existing occupancies shall be consistent with guidelines developed by the General Services Department. Projects subject to this condition shall not be eligible for the t1Baysaver" rebate program. Miscellaneous CUP Conditions 30. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 31. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at projectls owner's expense. A determination shall then be made by the Director of Planning to determine the sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 32. Street and/or alley lighting shall be provided on public rights of way adjacent to the project if and as needed per the specifications and with the approval of the Department of General Services. - 7 - 33. Any lofts or mezzan~nes shall not exceed 99 square feet unless appropriate requ~red parking ~s supplied. Such areas shall also not exceed 33.3% of the room below unless compliance w~th the d1strict's lim1ts on number of stories can be ma1ntained. 34. No fence or wall within the required front yard setback, inclusive of any subterranean garage slab and fenc~ng or railing on top thereof, shall exceed a height of 42" above actual grade of the property. 35. A security gate shall be provided across the opening to the subterranean garage. If any guest parking space is located in the subterranean garage, the security gate shall be equipped with an electronic or other system which will open the gate to provide visitors with vehicular ac- cess to the garage without leaving their vehicles. The securi ty gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit. validity of Permits 36. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 37, within ten days of 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 Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said condi tions. The signed Statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 38. The term of approval of this permit shall expire two years from the permit's effective date, unless a building permit has been issued for the proj ect prior to the expiration date. 39. Within thirty (30) days after final approval of the proj- ect, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in ac- cordance 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 ex- piration of the Conditional Use Permit. Special Conditions - 8 - 40. Pr~or to issuance of a Certificate of Occupancy, the owner shall ded~cat.e the rear 2.5 I of the property for ft:.t'.lre alley w1denlng to the sat~sfact1on of the General Serv~ces Department. 41. The required front yard set back is twenty feet. A chim- ney and floor area of a bay window encroach into this set- back by one foot. Plans shall be revised and submitted to staff prior to Architectural Review Board submittal. 42. The Architectural Review Board shall pay particular atten- tion to the transition of the projects architectural style and mass to the one story buildings on either side of this development project. 43. No more than 50% of the required front yard setback shall be encroached upon by the subterranean garage. Thus, the subterranean garage may encroach no closer than within 10 feet of thA front property line. The intent shall be to provide an area of adequate size landscaping. 44. The project applicant shall submit revised plans reflect- ing compliance with condition 43 to the Planning commis- sion for review and approval. Prepared by: Gina szilak, Assistant Planner RES PC/stoa101 07/30j9l VOTE Ayes: Nays: Abstain: Absent: Councilmembers Holbrook, Katz, Zane, Abdo Councilmembers Genser, Olsen Councilmember Vazquez NOTICE If this is a final decision not subject to further appeal under the city of Santa Monica Comprehensive Land Use and Zoning Or- dinance, 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 1400. I bereby certify that this statement of Official Action accurate- ly reflects the final determination of tbe City council of the City of Santa Monica. - 9 - .~rnYoJ sl:gnatfYe August l6, 1991 date Beth J. Holmes, Asslstant Clty Clerk Please Prlnt Name and Tltle 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. Applicantls signature Print Name and Title PCjstoaIlOl GSjk - 10 - CITY OF SANTA MONICA CITY COCNCIL MINUTES JUNE 4, 1991 An adjourned ~eeting of the Santa Monica City Council was called to order by Mayor Abdo at 7:40 P.M., on Tuesday, June 4, 1991, in the council Cha~~ers. Roll Call: Present: Mayor Judy Abdo Mayor Pro Tempore Ken Genser Councilrnember Robert T. Holbrook Councilmember Herbert Katz Councilmember Kelly Olsen councilmember Antonio Vazquez (arrived at 7:55 P.M.) Councilmember Dennis Zane Also Present: city Manager John Jalili Assistant City Attorney Joseph Lawrence City Clerk Clarice E. Johnsen Mayor Pro Tempora Genser led the assemblage in the Pledge of Allegiance to the Flag of the united states of America. 7-B: APP~~L/CUP __90.:-101/VESTING TPM 22722/CONl?_O~TNJ!Tlof/1247_21RD STREET: :t-'resentecl Wd~ cile appeal of Planning commission apprc....a..:. of CUP 90-101 and Vesting Tentative Parcel Map 22722 for construction of a 4-unit condominium at 1247 23rd Street. Applicant: Joseph Yadegar. Appellant: councilmember Katz. Council asked questions of st:lff. Counci.lmember Katz spoke in support of the appeal and in opposition to the project. Council asked questions of the appellant. Appli~ant, spoke in o~oosition to the appeal and in support of the project. .Planning commissioner Donald Nelson spoke in support of the appeal and in opposition to the project. Councilmember Katz moved to hear late chits. Second by Mayor Abdo. The motion was unanimously approved. Architectural Review Board Commissioner Richard Segal spoke in support of the appeal and in opposition to the p4oject. Councilmember Katz presented a rebuttal. Discussion was held. Mayor Pro Tempore Genser moved to den}' the appeal and direct staff to return with an interim ordinance limiting subterranean front yard encroachments. Second by Councilmember Olsen. Discussion was held. Councilmember Katz moved a substitute motion to uphold the appeal and. deny the project. Second b~' Councilmember Zane. Discuss~on was held. The substitute motion was approved by the following vote: Council vote: Affirmative: Councilmembers Holbrook, Katz, Zane, Abdo Negative: Councilmembers Genser, Olsen Abstain: Councilmember Vazquez 1 ,June 4, 1991 A H: Q.{,. '" ""' 4 '" + ~ coun=ilrnember Vazquez asked the reco~j t~ show he abstained from the vote because he arr1ved late and did not hear ~he discusslon. Mayor Pro Tempore Genser requested 't.he record reflect that he voted "no" on this item as 1:e does not believe the developer should be requested to meet standards which the City does not have~ and his "no" does not indicate a lack of sympathy with the ordln~nce and he supports a change in the Code. Councilrnember Katz moved to direct the city Attorney to prepare an interim ord1nance commencing this evening that neither partial nor total subterranean garages encroach more than 50% into the required setback and that landscaping as required in the Code, and its intent, be fully adhered to, and that it not be encumbered by concrete. Second by councilmember Olsen. Discussion was held. The motion was unanimously approved. councilmember Zane Counc~lmember Katz. unanimously approved. moved to reconsider action. Discussion was held. The Second motion by was Councilmember Zane moved: to uphold the appeal and approve the project with an added condition that the Planning Commission review and approve revised plans which show that no more than 50% of the front yard setback is encroached by subterranean parking. Second by Councilmember Katz. The motion was approved by the following vote: CounC1J.. vote: Affirruative: Councilmetnbers Holbrook, Katz, Zans, Abdo Negative: Councilmetnbers Genser, Olsen Abstain: Councilmen~er Vazquez a-A: TRANSPORTATION MANAGEMENT PLAN: Presented was an ordinance for introduction and first reading adding Chapter 2B to Article IX of the Santa Monica Municipal Code to require new and existing no~-residential development project~ to adopt worksite transportation plans and to pay transportation impact fees to reduce traffic congestion and improve air quality in the City. council asked questions of staff. At 8: 40 P.M., Mayor Abdo declared the public hearinq open. Merber of the public Norma Gor. ',ales spoke in support of South Coast AQMD retaining imp: amentation oversight; and sU9gesteC: S.-.nta Monica work with the~ to establish uniform criteria and procedures for mUlti-facality employers. Member of the pUblic Joy Fullmer expressed her concerns. Members of the public Tom Larmore, Saxe Dobrin and Laurel Roenau spoke in support of the proposed ordinance with modifications. Councilmember Katz moved to hear a late chit. The motion was duly' seconded and unanimously approved. Member of the public One OVer Humanity expressed his concerns about the. e.nvironment. Mayor Abdo closed the public hearing at 9: 12 P.M. Council asked questions of staff. Discussion was held. Councilmember Zane moved to direct staff to prepare an ordinance for consideration in July and a report 2 June 4, 1991 CITY COUNCIL MINUTES June 4, 1991 KATZ: I would like to make another motion if I may. ABoo : Yes, you may. KATZ: First of all I want to thank my fellow councilmembers that it is nice to know that maybe we will get some landscaping back. I would like to...and I am going to need help from our City Attorney and Mr. Berlant, make a interim ordinance, if that is proper, commencing tonight that we do not allow subterranean either partial or totally submerged subterranean garages to encroach more than 50%: into the required set back. Those that are J feet above grade the current code holds, which is either 6 or 8 feet and I don't remember what it is. And that landscaping as required in our codes and its intent be fully, fully adhered to that that landscaping go all the way down and it is not encumbered by concrete. ABDO : Could you add to that motion that a drainage would be such that any water that falls down on this property would also have a way to sink into the ground as opposed to... - 1 - ltATZ: BERLANT: KATZ: BERLAN'l': leAT! : ASDO: OLSEN: ABDO : GERBER: That is already in the code that you cannot drain on other people's property. You cannot drain across sidewalks. And drainage into the ground is based upon the percolation capabilities of the site to begin with but you can state in such a way, and I am not sure if it is in the code, that sprinklers and things like that that are added to it to water it be directed onto the property and not allowed to flow onto the sidewalks by spray and that kind of thing. I think we already have it. Mayor, if I could. Mr. Katz are you saying the entire setback area has to be unexcavated? The setback area that is designated for landscaping. $0 the 50%, for instance, in the front or the sides that are required have-- That is correct. Alright. Is there a second? Second Alright. Genser. There is a second. Mayor Pro Tempore I would 1 ike to clarify this is for... to have an ordinance returned for public hearing? - 2 - KATZ: GENSER: KATZ: GENSER: KATZ: GENSER: AnDO : CLERIC: GENSER: CLERR: HOLBROOIC: CLERK: KATZ: Oh Yeah. O.K. It is an interim ordinance but I presume-- We, we're simply requesting the Attorney staff draft this and return with it at the first-- But the effective date is tonight. Effective date would be tonight, assuming we adopt it, which I assume we will. And I would like to request that you also look at the issue, because I heard what you said but it is not what I (inaudible) to say and look at the issue of compatibility with this provision of the code and to see if we need to modify that also. Are there any other comments or questions on this? would you call the roll. Mayor Pro Tempore Genser. Yes. Councilmemher Holbrook. Yes. councilmember Katz. Yes. - 3 - CLERK ; OLSEN: CLERlt: VAZQUEZ: CLERK: ZANE : CLERK: uoo : OLSEN: !tATZ: ABDO : BERLANT: XATZ: ccuncilmember Olsen. Yes. Councilmember Vazquez. Yes. councilmember Zane. Yes. Mayor Abdo. Yes. Councilmember Olsen. Well I would just like to thank councilmember Katz for bringing this landscaping issue to us. Well thank you for your support. I wonder if staff would tell us what options the applicant has now. I think in this case the applicant needs to start over. His project has been denied. And that means all of the provisions of the current code. Can I ask you a question. Is there anyway that we could help this client and let him revise it to qo back to the Planning Commission so he doesn't have to start allover? - 4 - LAWRENCE: BERLANT: ZANE : EATZ: ABoo : KATZ: ABoo : GENSER: LAWRENCE: He could do that. At this point in time you have to reconsider your vote and make a condition that sending back to the Planning Commission. Wi th a stipulation that at least meeting required whatever-- I move to reconsider. I will second Mr. Zane's-- Alright. We have a motion to reconsider. I'll second. Councilmember Genser. I believe, I am not sure about this, that as I am about this other thing, that in the past City Attorneys advised us that we could only approve, conditionally approve or deny. And when we have had instances like this we have had to actually approve the project and ask that the Planning commission, with a condition that the Planning Commission would review some aspect or aspects of it. But we can't simply just remand it back to them unapproved. That's correct. No, you would have to completely change your decision after you reconsidered, you would have to approve with the condition that it be sent directly back to the Planning Commission with a - 5 - ZANB: KATZ: ZANE : LAWRENCB: UNIDENTIFIED: LAWRENCE: particular direction for the Planning commission '\:0 follow. So we would have to then make a motion to uphold the appeal and deny the project as approved by the Planning Commission, but have inclusive in that motion an approval of the proj ect subj ect to the following condi tion that the area under the front yard setback not be excavated and that full potential for mature trees be provided in the front yard setback? Well, greater than 50% be there 50% landscaping~ I don't know whether you will deny the appeal and do it or uphold the appeal and do it. As long as you get it back to them. I mean the appeal is of a specific decision. It means that we have to overturn that decision before we can...what? Mr. City Attorney this is your job. You would have to, at this point in time-- vote to reconsider-- vote to reconsider probably uphold the appeal and attach a condition that the matter be sent back to the Planning Commission. - 6 - JALILI: UOO : CLERK: GENSER: CLERK: HOLBROOK: CLERK: KATZ: CLER.K: OLSEN: CLERK: VAZQUEZ: CLElUt: ZANE: CLElUt : AnDO : Or reconsider it and conditionally approve. doesn't really matter... It Alright. We have done the motion to reconsider. Let's vote on that. councilmember Genser. Yes councilmember Holbrook. Yes. Councilmember Katz. Yes. councilmember Olsen. Yes. councilmember Vazquez. Yes. Councilmember Zane. Yes. Mayor Abdo. Yes. Alright, staff is conferring over here. Are you coming up with the pest way to do this? - 7 - LAWRENCE: ZANE : KATZ: GENSER: KATZ: ABDO : EATZ : ABDO : CLERK: GENSER: I think in this situation the only way it can go back to the Planning Commission is to uphold the appeal and set the the conditions that... I move that we uphold the appeal but approve the proj ect subj ect to returning to the planning Commission for correction of the condition with respect to the subterranean parking beneath the front yard setback that it does not encroach more than 50%. That it does not encroach more than 50%. What are you trying to say is you want to uphold the appeal yet but approve the proj ect with an added condition that the Planning Commission review and approve revised plans which show that no more than... No more than 50% of the front yard setback is encroached by subterranean parking. The other 50% goes... the landscaping area goes down forever. Is everybody clear about this motion? Do we have a second? Yes. You made the motion. Mayor Pro Tempore Genser. No. - 8 - CLERK: HOLBROOK: CLERK: KATZ: CLERK: OLSEN: CLERK: VAZQUEZ: CLERK: ZANE : CLERK: ABDO : KATZ: ABDO : councilmember Holbrook Yes. Councilmember Katz. Yes. Councilmember Olsen. No. Councilmember Vazquez since I did not hear this whole thing from the beginning, I am going to still abstain. I came in late. Councilmember Zane. Yes. Mayor Abdo. Yes. Alright. We all understand now that this project will go back to the Planning Commission with a revision in how the subterranean garage will be designed. May I make an additional comment. Yes. - 9 - KATZ: It is a l~ttle off the subject but it is landscaping. I wish anybody in this room that is concerned about landscaping to go to 20th & Santa Monica Boulevard and look at the two newest buildings, one on the northwest corner and the other on the southwest corner and you will understand what we have been talking about that people say we must build up to the property line with no landscaping, because it is exactly what both those buildings did. They are abominable in scale, they are terrible in feeling and it is about time we look at that whole ordinance again and get some decent landscaping, because this thing is absolute crime to this city and I know it has been fought to get rid of landscaping. I don't know why that occurs but please go look at it and then I am going to bring it forward again to discuss this in ordinance. subpkordjadv - 10 -