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SR-081286-12B I/()Z~tJo3 12.-8 AUG 1 2 1986 ~ C/ED:RAS:KR:nh Counc~l Mtg: August 12, 1986 Santa Mon~ca, Californ~a TO: Mayor and C~ty Counc~l FROM: C~ty Staff SUBJECT: Appeal of Planning Conun~ss~on Decislon Approving Development Review 329, 1328 22nd Street. Appl~cant: St. John's Hospital and Health Center, Appellant: Derek Shearer. INTRODUCTION Th~s report recommends that the C~ty Council deny the appeal and uphold the Planning Comm~sslon's approval to permit the addit10n of offices w1thin an exist1ng connector build1ng wh~ch Joins the west w~ng and south wing at St. John's Hosp~tal and Health Center at the th1rd and fourth floor levels. BACKGROUKD On November 25, 1985 an Adminlstrat1ve Approval (AA258) for the addit10n of a 2,658 square foot walkway connecting the south and west w1ngs at the thlrd and fourth floors of St. John's HOsp1tal and Health Center was granted by the Planning D1 vis~on because the walkway was deemed a non-med~cal use. The approval was granted wlth the condition that the walkway be limited to pedestrian c~rculation and any change of use to office or medlcally related uses prlor to the adoption of the Hospital Spec1f1c Plan shall be SUbJect to development review. Thls br1dge was subsequently constructed but to date 15 not being used. /2-B AUG 1 2 1986 - I - r On April 9, Development 1986, St. John's Hosp1tal and Health Center fJ..led a Review applJ..cat~on for the "addit~on of a 2,572 square foot connector/walkway" hous~ng office, lounge and locker room space to connect the west and south wJ..ngs of the Hospital. A Development Review was requ1red 1n that these medlcally related uses were being requested prior to the adoption of the HospJ..tal Speciflc Plan in accordance with the Land Use Element. On July 7, 1986, following a publlC hear1ng, PlannJ..ng CommissJ..oners on a four to three vote approved Development Review 329, permittlng the eX1sting connector bu~lding to be used for an offJ..ce, storage area, lounge, locker room, and corr1dor area, as requested by the applJ..cant. The PlannJ..ng CommissJ..on approved the proJect sUbJect to the f1ndings and condit1ons noted 1n the staff report, as amended 1n the Statement of Offic1al Act10n. An appeal of the Plannlng Comrniss10n action has been f1led by Planning Cornm1ss~oner Derek Shearer. Corr~iss1oner Shearer's bas1s of appeal 1S that the proJect was misrepresented 1n the Cl ty staff report 1n that it was not clear that the br1dge was constructed or that St. John I 5 had rece1ved an AdmlnJ..strat1ve Approval to do so. Further he states, the approval of addlt10nal offlce space will pre]UdlCe the adoptJ..on of the Hospltal SpecJ..flc Plan and the prov1sJ..on for add1t1onal parkJ..ng 1S ~nadequate. - 2 - ~ ANALYSIS As proposed, this connector bUl.lding wl.ll l.nclude a 208 square foot offl.ce, 195 square feet of storage, and 696 square feet of lounge and locker space. The remal.ning 1,473 square feet will be devoted to corrl.dor area. Thl.S proJect represents less than a 1% addition to the hospl.tal campus. The eXl.sting wl.ngs are currently connected at the ground, fl.rst and second floors, and are prlmarl.ly for access. These connectors were approved in 1979 when the west wl.ng was constructed. In revl.ewing Development Revl.ew 329 Plannl.ng staff was not aware that the fourth floor connector bUlldl.ng was the l.dentlcal space approved under Admlnlstratlve Approval 258. Therefore, the July 7, 1986 staff report should have indlcated that this was a change of use rather than a new addl.tl.on. In the July 7, 1986, Planning Comml.SSl.on staff report, staff indicated that three parking spaces would be needed for the uses proposed wl.thin the connector buildl.ng based upon a ratio of one parklng space tor each 300 square teet ot the proposed otflce, lounge and locker area. Planning staff has re-analyzed the proJect and has determined that nl.ne parkl.ng spaces should be required for the 2,572 square foot connector bUl.lding based upon a ratio of one parklng space for each 300 square feet. The appllcant has agreed to lease nl.ne parklng spaces off-site for thlS proJect. These parking spaces will be leased at the Held Garage and are In addltlon to those bel.ng leased per an agreement between the hospltal and the garage dated July 16, 1985. - 3 - r CITY COU~CIL AUTHORITY Under the provlsions of Sectlon 4, Ordlnance 1321 the City Councll may affirm, reverse or modify any determinatlon of the Planning CornmlSS1on in regard to a Development Revlew Permlt and the decislon of the City Councll shall be final. In approv1ng an appl1catlon the Council on appeal must make approprlate flndlngs and may add condltlons necessary to protect the public welfare. BUDGET/FISCAL IMPACT The recommendation presented 1n thlS report does not have a budget!flscal lmpact. RECOMMENDATION Staff respectfully recommends that the Cl ty Councll deny the appeal and affirm the declslon of the Planning Cornmlssion adopting the flndlngs and condltlons contalned 1n Attachment C. Prepared by: R. Ann Siracusa, Director of P1annlng Suzanne Frlck, Pr1ncipal Planner Karen Rosenberg, ASSOClate Planner Attachments: A. Staff Report to Planning Cornmlssion, July 7, 1986 B. Letter of Appeal, Derek Shearer, July 7, 1986 C. Admlnlstratlve Approval 258, November 25, 1985 D. Statement of Offlclal Actlon E. proposed Amended Flnd1ngs and Condltions Approving DR 329 RAS:KR:nh CCDR329 07/ 29/ 86 - 4 - IA, Exhlblt A CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM DATE: July 7, 1986 TO: The Honorable Planning Commission FROM: R. Ann S1racusa, Director of Plannlng SUBJECT: DR 329, To Permit the Additlon of a 2,572 Sq. Ft. Connector Build~ng to Join the EXlsting West Wing and South Wing at St. John's Hospital and Health Center Address: Appllcant: 1328 22nd Street CP SITE LOCATION AND DESCRIPTION The subject property is part of the St. John I s Hospital campus which is located between Santa Monica Boulevard, Arizona Avenue, 20th Street and 23rd Street. Surrounding uses consist of multi-family residentlal and medical related commercial uses (CP) to the north, commercial uses (Cp, CA) to the south, multl-family resldentlal uses (R2) to the east, and commercial and residential uses (CP, CA) to the west. Zonlng D~strict: CP Land Use District: Commercial Professional District PROPOSED PROJECT The proposed project is for the addltion of a 2,572 sq.ft. connector/walkway to connect the existing west and south wings of St. John's Hospital. The building connection will be located at the third and fourth floors, and will include a 208 sq. ft. office, 195 sq. ft. of storage and 696 sq. ft. of lounge and locker space. The remainlng 1473 sq.ft. wlll be devoted to corridor area. Three parking spaces wlll be provided on surface Lot E on Arizona Avenue between 21st and 22nd Streets. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed proJect is conslstent with the Munlclpal Code and in conformlty with the General Plan as shown in Attachment A. CEQA STATUS The project is categorlcally exempt from the provisions of CEQA, City of Santa Monica Guidelines for Implementation. {Class 3 (14)). - 1 FEES This proJect is exempt from the Housing and Parks Mitigation program. ANALYSIS The proposed project is subject to Planning Commlssion review. Policy 1.13.1 of the Land Use Element specifies that prior to adoption of Specific Plans for the area comprising and immediately surrounding each hospital campus, medical and medlcally-related development proposed by the hospitals shall be subject to site review. Such proposed development shall be approved only if it neither prejudices the adoption of the Speciflc Plan nor adversely affects the surrounding neighborhoods. The proposed project is designed to create a contiguous area between the south and west hosp! tal wings to provide a more efficient and convenlent setting for cancer services and ambulatory medicine and pain management services. Parking to meet Munlclpal Code requirements will be provided on surface Lot E on Arizona Avenue between 21st and 22nd Streets. Conclusion The proposed connector/walkway represents less than a 1% addition to the hospital campus and meets applicable Municipal Code and General Plan provisions for the CP District. RECOMNENDATION Plannlng staff respectfully recommends approval of DR 329 subject to the following flndlngs and condltions. FINDINGS 1. The development is consistent with the findings and pur- pose of Ordinance 1321 as set forth below. 2. The physical location and placement of proposed structures on the site are compatible wlth and relate harmoniously to surroundlog sites and neighborhoods in that the 2,572 sq. ft. connector/walkway will be located completely within St. John's Hospital and Medical Center campus and will be designed to be compatlble with existing campus buildings. 3. The existing and/or proposed rights-of-way and facilitles for both pedestrian and automobile traffic will be ade- quate to accommodate the anticipated results of the pro- posed development including off-street parking facilities and access thereto in that three parking places will be provided on surface Lot E on Arizona Avenue between 21st and 22nd Streets. - 2 - .' 4. The existing and/or proposed public and/or private health and safety facilities (including, but not limited to, sanitation, sewers, storm drains, fire protection devices, protecti ve services, and public utili ties) will be ade- quate to accommodate the anticJ.pated results of the pro- posed development. 5. The proposed development is consistent with the General Plan of the City of Santa MonJ.ca and the Zoning Ordinance in that the proJect wlll conform to the height, bulk, use and urban design policies for the Commercial Profess~onal District as specifJ.ed in the Land Use Element of the General Plan and conform to the appropriate CP standards contained 1n the Zoning Ordinance. SPECIAL CONDITIONS 1. The Architectural Review Board, in their review, shall pay particular attention to the scale and articulation of des1gn elements, exterior colors, textures, materials and window treatment to insure lts compatlbllity with the ex- isting hospital buildings. 2. Three parking spaces shall be provided for this new addi- tion at surface Lot E on Arizona Avenue between 21st and 22nd Streets. STANDARD CONDITIONS 1. Minor amendments to the plans shall be subject to approval by the D1rector of Planning. An increase of more than 10% of the square footage or a significant change in the ap- proved concept shall be subJect to Planning Commission Review. Construction shall be in substantial conformance with the plans submitted or as modified by the Planning Commiss1on, Architectural Review Board or Dlrector of Planning. 2. The rights granted herein shall be effective only when exercised within a period of one year from the effective date of approval. Upon the written request of the appli- cant, the Dlrector of Planning may extend this period up to an addit10nal six months. 3. The applicant shall comply with all legal requirements regarding provlsions for the dlsabled, inclUding those set forth in the California Administrative Code, Title 24, Part 2. 4. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with Sec. 9127J.2-4 (SMMC). Re- fuse areas shall be of a size adequate to meet on-site need. - 3 5. This determination shall not become effective for a period of twenty days from the date of determination or, if ap- pealed, until a final determination is made on the appeal. Prepared by: Karen Rosenberg, Associate Planner KR: nh DR0329 6-18-86 - 4 - ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Category Municipal Code Permitted Use CP: permits hospitals He1ght 6 stor1es, 90' Parklng Spaces 2,572 sq.ft. @ 1:300 sq. ft. = 3 parklng spaces required Land Use Element CP zone requires site review - 5 Project 2,572 sq.ft. connector/walkway between two existing hospital wings connector to be located on floors 3 and 4 between two existing SlX story hospital wings 3 parking spaces provided at hospital Lot E Exhlb1t B CITY OF SANTA MONICA DEP AR TMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT . PLANNING AND ZONING DIVISION CITY HALL, 1685 MAIN STREET. SAiVTA MONICA, C4LIFORNIA 90401-3295 · PHONE (213) 393-9975, Exr 341 1~lr 11~~ o l ,(,\ I I_ \:0 <\h.e. 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APP:':::C..eU CUEST:O~~S. !~:C:::~PLZ'!'E IKFOR.....A7IO~:r MAY CACSZ A CZL.'\i" IN '!'liE p~C.:::::SS:~G DP YOUR APPLICX:IC~. ~...... SI':"~ A.I:DRESS: 1328 22~D ST. S~N;A ~ONICA, c; 904J~ La~d ~. _ ~_ ~. ~~'~_' HCSPIT:L SPEC!FI~~_._~ ~.~_~.~_. Use _.....e. e...... _-I>.s........__..... P'1_.~"1 n. c;~Rfri .....- _._--: -....- -..._.......11_ Lecal Descr~~~~o~ (Lo~. Blcc<. ~=~C~): LOT 14, BLOCK 3, ORC~ARD - SAr~T JOHN'S HOSPITAL & ~EALTrl APPLr~~>T; C~NTEq ~Q' Cc:':.ac"'t. PerSOn: FRED ~, BRIGGS ?~c-e: 3:9-8139 Ap?l.:..car::.' s \dc;:"~ss: 1328 22~;D 5T., SA~..TA I~otn CA. C.; 9C40Ll PPOPS?TY G..~3.: S;':1!: AS APPL! CANT 829-8139 Phc-e' C.....,er 's Acc;:";;!ss DET~JLED P~OJEC7 C~SCR~P7~CN/?ROPCS~~ USS(s): CONSTRUGiON OF E~C~OSED WAL~WAYS ~- THE 3RD 4ND 4T~ ~LOOR LEVELS BETWEEN SOLTH WING AND WEST WI~G. oqOJECT IS WITH:~ THE SAI~T JOHN'S INTE~IOR COURT Al:lEA. 't1AL'('tIAY' 5 E'lCLOSED WITH ALU~'PlUH 4~;D Gi..ASS WINDOWWAll CONSTRUCilON. '~S! ;~D:~:C~A~ S~EETS I~ ~EE~2D] EX~S-:';'r"q/"-.fcs~ Rece!:t Use! s}: _~~T'T f='''fT "'AR~ ~e~Sh=c=:.-g Uses. PP..TTC'-:T CARF Ex~st~-G :~cc~ ~=ea- SOUTH ','HNG ~~EST "IJ'lG. 216:"000 S. F. 55,QOO S.F. F:co~ ;'::-ea qe-cvec l..c~ed: NO'~::: 2.~bdb-S,F. Fleer :;rea CO =e -to l:e ?=~=~se~ =:C~~ A=ea: . - -., (C:~;7::.~I=: O~; ~:;.:X~ ?;GE) - 1 - ~ ::-.....- ~e$~=c~~-~~--_~-~e~ cE Un~~s ~...:.:s~.:.."'~. I'-lQ.NE_ ..owl ~e ;\~=;c.. ~ Re-cIJ~,,== c: Lr::l~:;:~ONE !ro~JE --~~-=er 0= ~n~~s --?~~pcse~ ~:~~=e~ s_~~ ;=e~: * Prc~=sed ~l=~~ ~=~~ ~~~_o: "SUI LT ->u,B,QV;. s:.XlsIq'~G.~fl RST ~LOOR ;~ALKr(AY . . ?=::;::::se,- .a.._ I.... I e_sL1_. ~0' p==~csea ~-=-t:. CO'Je:-a~e * * ~ ~c. c: ?ar~~~c Spac~s--~~~~:~~~. NA ?==;cscc: -Nil: ?e<::1.. _=-~d ~M fc= CC~7e~c~a: U5es--~cu~s c: Cpe=a~~=~._____~A --~c. of ~ea~ ~cur ~-?i~yed5_ ~A --!~ ~esr:.aL:;:":'-.-:' ;:::- ='20=, ~:a 0: Sea:..s NA p~7I~as CITY AEPROVALS: NO'~ E Ac=_-:.:.~~a.l "l.ec:'.:_=~c: ~e''''l.,"'"s C'Mu C~-:~S3~~~ Ccas~~: ~.. 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BRIGGS / DIR~CTOR OF CONSTRUCTION IS IS FeR S:-l-.FF us;;: e~::..Y -x Ac~~~~s~=a~~7ely Ap~~cvec Fe~ Sec~~cn 2 , Or~. 1321 (c:s~ Su.::::ect ~o Sepa:-ate A(::1..L...._s~=.a.~:-.Je Cc~c~':.~c-s Spec~f~ec ~he:eon Ce-:.~:--~.::.a-:.:.cn an;::, ReC~1=as Develo?-e~t Per-~~ =e~ Sac~~cn 4, C==a 13:~(C:S~ O~::.er r .... De~er=::.nat::.cn by: /)'~r..../ /I)}l-- I Tl.tl.e:47Lcf/ ~',""I~ ~~ Date:!! 'Z-9'us ~'l1D<J7 The. ...x. OF l'l-IE" ~ :.,.v.L;:"'~'(~ ~ T36" L/..rtFP To ~"1J ?1~U'lTcU o~.h.'r ;.:.c; o~ !~>:;.E' ~ ~ Cf'r'?e ~ i"I€Pi&1I1-~.AfEp ~ ~M.L "'ee' ~LT;eD LJ.;\....~ 1'\'1'; ;.lfu) ~c": ~ lJ/JLE* A ~a-l-r "VeJL€W ~i1' I? A~v-e;> ~'f "'1-'"E' f\.."rlJ1J1~ to,q....,~i>A,j C'\Z- A~ ~C"'- D*=- P. 't::Pa:.i""..::- i"I.A1.J 'Su/i+!J5oe J~ ~I~ WITH J Trte ~f7",a.L, <:iFnmz.A ~;;> ~E'7<7eT fi:fG1.I :1J.1t'e -:'~IFr6 7'lAiJ aaa?::::'}: Pla9'lr"'1.-g a:"d Zc:-.:.:-:.g ~:.v:.s.:..on-r ~on~~a, CA 90401.. loas 11~:." St=eetJl ~cc.., 2l2~ Sar'=.~ (213) 458-834: - 2 - Exhlblt D STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: DR 329 LOCATION: 1328 22nd Street APPLICANT: St. John's Hospital and Health Center REQUEST: Addition of a 2,572 sq. ft. Connector Building to Join the Existing West Wing and South Wing at St. John's Hospital and Health Center PLANNING COMMISSION ACTION 7-7-86 Date. x Approved based on the following findings and subJect to the condit1ons below. Denied. Other. FINDINGS 1. The development is consistent with the findings and pur- pose of Ordinance 1321 as set forth below. 2. The physical location and placement of proposed structures on the site are compatible with and relate harmoniously to surrounding sites and neighborhoods in that the 2,572 sq. ft. connector/walkway will be located completely within St. John's Hospital and Medical Center campus and will be designed to be compatible with existing campus build1ngs. 3. The existing and/or proposed rights-of-way and facilities for both pedestrian and automob1le traffic will be ade- quate to accommodate the ant1clpated results of the pro- posed development including off-street parking facilities and access thereto in that three parking places will be leased off slte. 4. The existing and/or proposed publ1C and/or private health and safety facilities (including, but not limited to, sanitation, sewers, storm drains, fire protection devices, protect1 ve services, and public ut11i ties) will be ade- quate to accommodate the anticipated results of the pro- posed development. - 1 - 5. The proposed development is consistent with the General Plan of the City of Santa Monica and the Zoning Ordinance in that the project will not prejudice the adoption of the Hospi tal Specific Plan specifled in the Land Use Element of the General Plan and conforms to the appropriate CP standards contained in the Zoning Ordinance. SPECIAL CONDITIONS 1. The Architectural Review Board, in their review, shall pay particular attention to the scale and articulation of design elements, exterior colors, textures, materials and window treatment to insure its compatibillty with the ex- lsting hospital buildings. 2. Three parklng spaces shall be provided for this new addi- tion will be leased off site. STANDARD CONDITIONS 1. Minor amendments to the plans shall be subject to approval by the Director of Planning. An increase of more than 10% of the square footage or a signiflcant change ln the ap- proved concept shall be subject to Planning Commission Review. Construction shall be in substantial conformance wi th the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 2. The rights granted herein shall be effective only when exercised wi thin a period of one year from the effective date of approval. Upon the written request of the appli- cant, the Director of Planning may extend this period up to an additional six months. 3. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 4. Refuse areas, storage areas and mechanical equipment shall be screened 1n accordance with Sec. 9127J.2-4 (SMMC). Refuse areas shall be of a size adequate to meet on-slte need. 5. This determlnation shall not become effective for a perlod of twenty days from the date of determination or, if ap- pealed, until a final determination is made on the appeal. - 2 - VOTE Ayes: Nays: Abstaln: Absent: Farivar~ Hebald-Heymann, Israel~ Perlman Hecht, Kirshner, Shearer I hereby certify that this Statement of accurately reflects the final determination Commission of the City of Santa Monica. Official Action of the Planning signature date print name and title KR:nh STDR329 07/24/86 - 3 Exhlblt E Proposed Amended Flndlhgs and Condltlons Approvlng DR 329 FINDINGS 1. The development 1S conslstent wlth the f~ndings and purpose of Ordlnance 1321 as set forth below. 2. The physlcal location and placement of proposed structures on the slte are compatlble wlth and relate harmonlously to surrounding sltes and neighborhoods ln that the 2,572 sq. ft. connector/walkway will be located completely within St. John's Hospltal and Medlca1 Center campus and will be deslgned to be compatlble with eXlsting campus bUlldings. 3. The eXlstlng and/or proposed rlghts-of-way and facllities for both pedestrlan and automoblle trafflc w1ll be ade- quate to accorrunodate the antlclpated results of the pro- posed development lncludlng off-street parklng facilltles and access thereto 1n that three parking places wlll be leased off slte. 4. The existing and/or proposed public and/or private health and safety facll1tles (lncluding, but not Ilmlted to, sanltation, sewers, storm dralns, flre protectlon devices, protectl ve servlces, and public utill tles) wlll be ade- quate to accorrunodate the antlcipated results of the pro- posed development. 5. The proposed development is conslstent wlth the General Plan of the Clty of Santa Monlca and the Zon1ng Ordlnance ln that the proJect wlll not pre]UdlCe the adoptlon of the HOSpl tal Speclflc Plan speclfled in the Land Use Element of the General Plan and conforms to the appropriate CP standards contained 1n the Zon1ng Ordlnance. SPECIAL CONDITIONS 1. The Architectural Review Board, ln thelr reVlew, shall partlcular attentlon to the scale and articulation deslgn elements, exterlor colors, textures, materlals window treatment to lnsure ltS compatlbllity wlth the lstlng hospltal buildlngs. pay of and ex- 2. N1ne parklng spaces shall be prov1ded for thls new addJ.- t10n wlll be leased off site. - 5 - STANDARD CONDITIONS 1. M~nor amendments to the plans shall be subJect to approval by the D~rector of Plann1ng. An increase of more than 10% of the square footage or a sign1flcant change 1n the ap- proved concept shall be subJect to Plann1ng CommlSS1on Review. Construction shall be in substant1al conformance wlth the plans subnlltted or as mod1fled by the Plannlng Commiss1on, Arch1tectural ReV1ew Board or D1rector of Plann1ng. 2. The r1ghts granted herein shall be effect1ve only when exerc1sed withln a per10d of one year from the effect1ve date of approval. Upon the wr1tten request of the appl1- cant, the D1rector of Plann1ng may extend this period up to an add1tional 5~X months. 3. The appllcant shall comply Wl th all legal requirements regard1ng prOV1S10ns for the disabled, 1nclud1ng those set forth 1n the Callfornla Adnllnlstratlve Code, Title 24, Part 2. 4. Refuse areas, be screened Refuse areas need. storage areas and mechanical equlpment shall in accordance with Sec. 9l27J.2-4 (SMMC). shall be of a Slze adequate to meet on-s1te 5. Th1S determlnatlon shall not become effect~ve for a period of twenty days from the date of determ1nat1on or, 1f ap- pealed, untll a f1nal determ1natlon is made on the appeal. - 6 - to cbtai~ Pl~nn~~g CO~L~ss~cn a;o~cval oE a Develc?~ent Per~lt. In sc::'e cases, p=c,eC'ts w~ll b~ - unc:cnc~ tier:all v exe:.tot. Other ~ - . p:.-o jects r:-:ay be exen?t IF the Di.:-ec':or of P le.nn1..:1g deter~unes that the proJect incc:.-?orates such cc~d~~~cns as are necessary to ensure ccnfcr:-:.ance with Section 2 of Ordinance 132l {CCS}, the Zon~ng Ordinance and the La~d Use Element. "nere concitions are attached to an Acministrative Approval, s~ch ccnd~t1onGl approval is bi:1dir.g only so far as 1t exer.ots a proJect frem the requ1::-er:'.en't. to obtain a DeveloFI'"ent Per::'~ t. An applJ..cant may apply for a Develo~~ent Per~~t f011ow1..ng any conditional Ad~J..nistratJ..ve Approval. *** PT.F;l"SE RESPOND TO AT.T. APPLIC.l\.BLE QUESTIONS. INCCMPLETE I~70RMATION MAY CAUSE A DELAY IN THE PROCESSING OF YOUR APPLICA.TIO~. *** SITE ADDRESS: 1328 22ND ST. SAN1~ MONICA~ CA 90404 . ___ . . HOSPITAL SPECIFIC. .. .., Land Use Element DlstrJ..ct:_PldN nT~TRTrT Zonlng D2strlct:~___ Legal Description (Lot, Blcck# Tract): LOT 14~ BLOCK 3~ ORCHARD TRAC SAINT JOHN'S HOSPITAL & HEALTH APPLICANT: CENTER As: PROPERTY OWNER: SAME AS APPLICANT Phone: 829-8139 CA 90404 829-8139 Contact Person: FRED M. BRIGGS Phone: Applicant's Adcress: 1328 22ND ST.~ SANTA MONICA~ O......ner I s Address: DETAILED PROJECT DESCRIPTION/PROPOSLD USE(S}: CONSTRUCTION OF ENCLOSED WALKWAYS AT THE 3RD AND 4TH FLOOR LEVELS BETWEEN SOUTH WING AND WEST WING. PROJECT IS WITHIN THE SAINT JOHN'S INTERIOR COURT AREA. WALKWAY IS ENCLOSED WITH ALUMINUM AND GLASS WINDOWWALL CONSTRUCTION. 1 (USE ADDIT!ONAL SHEETS IF NEEDED) Existing/Most Recent Use(s):__PATTFNT r.ARE Neighboring Uses: pATIENT _CARE__ Existing Fleor Area: SOUTH WING WEST_WING 216~OOO S,F. 65..,000 s, F. Fleer Area to be Re~oved: Flcor Area to be Added: NONE ZLf;i8b S.F. Proposed Fleor Area: (CC~7I~UE O~ NEXT PAGE) - 1 - PREVIOUS CITY AI?PROVALS: NONE Ac::::.-:.ional mar~<s c~-_~::.ss lon A.R.B. Other Lar:d- Re~~~=ed Revlews: Ci~y CC~~:'sslcn Coastal C......nc' 1 'Vu.. ___ Pr~c= to su~~:.~tir:S this applicatl.cn, t~e appl~cant should CC:1SU 1 t with P lar:.:ung and Zon:.ng Dl VlS loon st.a== to ceter::'J.::e wh:.c~ of the fcllowlng addJ.t~cnal l~C~S \vlll be needec: --Photographs of Project Site/ExlstJ.ng Bu:.ld:.ng{s) --Environnental In=or~ation For~ --Plot Plan and/or Parking Plan --Exterior Eleva~~ons --Floor Plans --Rent Ccnt=ol Exe~?tion/Removal Per~it --Such other infcr~atlon as is deemed necessary I CERTIFY THAT THE INFO&~TION CONTAI1~D IN THIS APPLICATION CO~~CT TO THE BEST OF MY KNOWLEDGE AND THAT THIS APPLIC~TION MADE WITH THE KNOWLEDGE AND CONSE...'IT OF TEE PROPERTY OWNER.. . ~. -]--;:Y7 A ~ , App11cantls sl.gnature:~/"y~<_1""" ,_?.-7_~__ Date: FOR S~"L''''' USE OULv (/FRED M, BRIGGS'/ . ~~r U - DIRECTOR OF CONSTRUCTION , IS IS 11/4/85 .J< Acn~nist~atively Approved per Sectlcn 2___, Ord. 1321 (CCS) Subject to Separate AC~ln.:.strat~ve Condit~ons Spec~fled Thereon Deter~~nat~on anc Reqcires Develop~ent Per~it per Sec~ion 4, Ord. 1321(CCS) Ot::.er DeteLIlina tion by: -3/~ '1ML-- , Tit~e:~liV 'f'?H.bl~ 'flA.w~ Date: 'I 'j..7~ ~mplJ7 , The. lJSC. 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Weingarden 1234 Seventeenth Street Santa Monica, CA 90404 SANT A M0iHvn, ...,~-, August 7, 1986 The Eo~orable City Council Santa Monica City Hall 1685 Main Street Santa Monica, CA 90401 Dear Councilmembers: I submit this as an individual for your consideration in evaluating the appeal of Development Review application DR 327, submitted by St. John's Hospital and Health Center (SJHHC) and appearing on your agenda for Tuesday night's meeting as Item 12-B. I am respectfully reco~ending a remand to the Commission with directions to staff and the Commissioners. This case involves a fascinating juxtaposition, unique in my experience, of planning staff incorrpetence combined with repeated and substantial misrepresentations by the applicant. Misinformation has been supplied to the City, the Planning Com- mission, and to the neighborhood representatives at virtually every opportunity. Additionally, every effort seems to have been made to prevent the public from being involved in the planning process of the subject construction. As a result, the history and analysis contained in this letter will be somewhat lengthy, in an effort to ensure that the City Council, unlike the Planning Co~~ission upon original review, has in front of it sufficient information to reach an informed decision in the roa~ter. Following non-chronological histories of the hospital planning process generally, the instant application for Development Review, and the construction of the project (which actually preceded the application to the Planning "'~D ~D /~-..8 AUG j 2 1!86 City Council August 7, 1986 page 2 Commission}, I will undertake an analysis of the proceedings to date generally and conclude with a step-by-step examination of some of the various issues being raised by the appeal. I begin by outlining some personal background details. PERSONAL BACKGROUND My faniliarity with the applicant hospital could standing, inasmuch as I was born there in 1953. in the vicinity of SJHHC at the address appearing of this letter for nearly thirteen years. not be longer- I have rented at ~he outset I have been active for some while in the community organization serving the neighborhood in which SJHHC lies, Santa Monica Mid- City Neighbors, and am currently enjoying my second term on its Board of Directors. I attended a series of community meetings regarding hospital-neighborhood issues in ge~eral conducted by Mid-City during the su~~er of 1984 preceding the City Council LUCE hearings and subsequently became one of a team of four negotiators assigned by the general membership of Mid-City at its October, 1984 Annual Convention to engage in discussions with SJHHC pursuant LUCE Policy 1.13.1. In this capacity I have met frequently (albeit on an off-and-on basis) with represen- tatives of SJHHC during the last two years for the purpose of negotiations and subsequent renegotiations regarding their Master Plan. Additionally, beginning on August 21, 1985, I organized the residential tenants of SJHHC at their (the tenantsf) request and served as their representative with respect to SJHHCfs Rent Control Removal Permit application 156R-D through December of that year. City Council August 7, 1986 page 3 APPLICANT-NEIGHBORHOOD RELATIONS BACKGROUND The relationship between St. John's Hospital and Health Center and its surrounding residential neighborhood has virtually always been rocky at best, to put it mildly. Prior to the initial announcement in August, 1984 of what ultimately evolved into LUCE Policy 1.13.1, SJHHC had for some while categorically refused to meet with residential neighborhood representatives to discuss community planning issues as well as other matters of concern to people living in the immediate area. Only when it had become clear that the City Council was likely to incorporate a co~~unity-participation hospital master planning process into the LUCE, SJHHC begin meeting with a team of preliminary negotiators from Mid-City 's membership and staff for the purposes of information exchange. At its October, 1984 Annual Convention, the general membership of Santa Monica Mid-City Neighbors authorized a team of four negotiators to meet with representatives of SJHHC for the purpose of achieving submission to the City of a Master Plan by S0rlHC which would be mutually agreeable to the Hospital and the neighborhood. Mid- City's membership additionally gave the negotiators direction in the form of a series of explicit objectives to be achieved during the course of these negotiations. After frequent meetings during the fall of 1984 at great inconvenience to Mid-City's negotiators (who were generally serving in a volunteer capacity) so that SJHHC's timeline could be accommodated with respect to the master planning process, the Hospital submitted to the City a Master Plan which, after significant compromise, probably represented a 95% level of agreement between the two parties. Following receipt of this Master Plan, City staff began processing of an application by SJHHC to erect a five-story Medical Office Building on the southeast corner of Twentieth Street and Arizona Avenue. This application for Development Review was approved by the Planning City Council August 7, 1986 page 4 Commission in March of 1985 with support from Donald Lewin Nelsonl one of Mid-City's four negotiators. Almost immediately following receipt of this approval, SJHHC began exploring with City staff the possible usage of a major portion of land on Arizona Avenue between Twenty-First and Twenty-Second Streets in a fashion incongruous with that anticipated by the Master Plan already subMitted, representing a contravention of the only major concession sought or received by the Mid-City negotiators during the discussions the previous fall. Shortly thereafter, SJHHC let Mid-City representatives know that it had no intention of fulfilling previously agreed-to obligations specified in writing in its Master Plan and asked to reopen discussions for the purpose of renegotiating those portions of the Master Plan dealing with housing relocation and Arizona site usage matters. On July 25, 1985, SJHHC submitted to the Rent Control Board an application for a Category D removal of all of its rental housing which completely contradicted the terms of its Master Plan. Following protracted and heated discussions with Mid- City negotiators, as well as substantial opposition from an organization containing the vast majority of its residential tenants, SJHHC in December of 1985 amended this application to reflect a new agreement reached with the Mid-City negotiators which was somewhat more, albeit by no means totally, in keeping with the original Master Plan. This agreement, which, after being originally drafted by SJHHC's attorney, had undergone substantial revision as a result of the negotiating process, was ratified by Mid-City's Board of Directors on December 18, 1985, in the form of a Memorandum of Understanding between SJHHC and Santa Monica Mid-City Neighbors. On January 9, 1986, the Rent Control Board approved the amended application after receiving in public hearing support from some of SJHHC's tenants and vehement opposition from others. City Council August 7, 1986 page 5 HISTORY OF DR 329 On April 8 and 9 of this year, SJHHC filed three applications for Development Review with the City without first informing Mid-City Neighbors that this would take place or discussing the nature of these applications with any segment of the residential co~~unity. All three applications were miraculously scheduled for Planning Commission review the night of June 2 (I say miraculously in view of the fact that the normal processing delay for most DR applications these days seems to be ap- proaching six months). Neither the applicant nor the Planning staff made any effort whatsoever to inform the community organization that these matters were pending until Mr. Tom Pyne, Special Assistant to the President of SJHHC, contacted Mr. Paul Rosenstein, Chairperson of Mid-City's Board, only six days before their scheduled public hearing. (I have always been curious, incidentally, as to why Mr. Pyne contacted Mr. Rosen- stein--who lives in a portion of the neighborhood distant from the Hospital and is consequently not entirely acquainted with the hospital planning issues in detail--and avoided communi- cation with any of the four negotiators from Mid-City who had been working with the Hospital on community planning issues for nearly two years.) Furthermore, staff seemingly endeavored to see that the public in general was entirely unaware of the existence of the DR 329 project as well as its public hearing. An improperly drawn radius-of-notification map (violating the terms of Section 1 of Ordinance 1230) resulted in not a single resident of the Hospital campus area being noticed of the June 2 public hearing before the Commission. Additionally, the matter was placed not under the Commission's Public Hearings agenda item but on their Consent Calendar, in violation of Rule 3(d) (5) of the Planning Commission rules mandating that no item requiring a public hearing be placed on the Consent Calendar. City Council August 7, 1986 page 6 After several members of the public who fortunately happened to be in attendance pointed out the notification irregularity to staff, the COIT~ission decided to continue the matter to its July project review night so that the public could be adequately noticed. The other two St. John's applications were continued also, so that environmental review could be provided. The Commission then evinced an intent that no more hospital projects come before it until such time as it had been provided with the opportunity to review the draft Hospital Area Specific Plan. At this point in the evening Planning staff announced that they had administratively abandoned the idea of preparing a Specific Plan despite clearcut language in the Land Use Element mandating its adoption. After several members of the public in attendance exploded (figuratively speaking, fortu- nately) and following a series of meetings later in June, staff ultimately reversed its decision and returned to the original concept of Specific Plan preparation. At the conclusion of the June 2 Hospital discussion! the Commission scheduled a St. John's Hospital Master Plan workshop for July 7, coincidentally the night when DR 329 had been rescheduled for review. During the intervening month I made an inspection of the pro- posed project site and was shocked to discover that the con- nector corridors envisioned by the DR 329 application had already been built. When I confronted the applicant's represen- tative (Mr. Pyne) with this fact, he informed me that the corridors had been built under authority granted by some piece of state legislation specifically regulating the construction of hospital corridors and preempting local zoning authority. He additionally told me that the only necessity for the application for Development Review was to obtain City permission for certain office usage internal to the corridors--that the exterior construction had already taken place and was not at issue. City Council August 7, 1986 page 7 Based upon this representation and following a guided tour of the project area, I agreed to support DR 329 on the condition that St. John's stipulate to parking space provision terms other than those suggested by staff (who had recommended that three parking spaces be provided on a parking lot which not only was tandem-striped to the max, therefore having no room for extra spaces, but also was identified in the Hospital's Master Plan as a site for future construction of replacement residential housing). The applicant's representative agreed, and I addi- tionally acceded to his request that I offer a few words on St. John's behalf at the July 7 Planning Commission Hospital Master Plan workshop. The July 7 staff report was identical to the June 2 staff report except for the fact that it did not include an attached radius-of-notification map (apparently so that members of the public would not be able to discover any additional errors which might have occurred along those lines). I took it upon myself, with staff's cooperation, to verify that things were kosher this time and that, unlike the previous month, the public was indeed aware that a hearing was taking place. I should mention at this point that the staff report was defec- tive in a variety of other respects, including poor mathematics (the division of 300 into 2572 was somehow represented as resulting in three parking spaces rather than nine), miserable grammar, misidentification of the applicant, a failure to state the project history to that point (continuance due to inadequate public notification), and, most significantly, a failure to provide the Commission with even the slightest of indications that the construction for which permission was sought had already taken place. Following the St. John's Hospital Master Plan WorkShop before the Commission, during which time I made good on my promise to speak favorably about the Hospital and its representatives, City Council August 7, 1986 page 8 DR 329 came before the Commission during the course of the project consideration portion of the evening. Immediately prior to the commencement of its public hearing, the applicant's representative aproached me to verify that I still intended to speak in support of the project, which I confirmed. Neither the oral staff report nor the applicant's represen- tative's presentation to the Commission gave even the slightest indication that the subject construction had already taken place, so when it was my turn to speak and I stated that I had seen the corridors and that they had already been built, a number of jaws dropped. I spoke in support of the application based upon the belief (erroneous as it turns out) instilled in me by the applicant's representative that the corridors had been built as the result of some state statute which superseded the ability of local zoning authority to regulate hospital corridor construction. As it was my considered opinion after two years of work on the Hospital master planning process that the Hospital Area Specific Plan was unlikely to regulate internal uses of Hospitals in regards other than the provision of parking which might be necessitated by such uses, I testified that DR 329 could be approved without prejudicing the adoption or implementation of the Hospital Area Specific Plan and suggested appropriate findings which the Commission could adopt in doing so. Immediately following my testimony the applicant's attorney, Mr. Sherman L. Stacey, approached me to inform me that the corridors had not been built as the result of a superseding state law but instead pursuant to an Administrative Approval which had been granted by staff sometime during the past winter or fall. As it is my belief that the Land Use Policy regarding the CP zone explicitly prohibits ministerial approval of Hospital projects prior to the adoption of the Specific Plan, I nearly hit the ceiling. City Council August 7, 1986 page 9 I wasted no time in writing a request to the Chairperson that I wished additional time to speak in light of this unexpected development and was granted an extra sixty seconds. In the meantime Mr. Stacey had told the Commission what he had told me, and two members of the public spoke in opposition to the project on the grounds that it would prejudice the adoption of the Specific Plan. In the brief time allotted to me to speak a second time I stated why such an A~~inistrative Approval was unequivocally impermissible under the Land Use Element and opined that, under the circumstances, I had no idea as to what the appropriate Com- mission action should be and that it would therefore be best to continue the matter so as to acquire more information. Com- missioner Israel asked what my recommendation would be if it turned out that the corridors had been validly built under a proper Administrative Approval, and I indicated that, although such a situation was clearly impossible, if I accepted the premise of his question then my initial recommendation would hold true, at least in the informational vacuum in which I was then operating. The public hearing was then closed and the matter was before the Commission. One of the Commissioners asked staff about the history of the corridors, and at that point staff for the first time acknowledged that they in fact had been built, pursuant to an A~~inistrative Approval issued some time in the past by the Acting Principal Planner. Copies of the file for that Adminis- trative Approval were not made available to the Commission as staff did not have them handy at the time. When asked by one of the Commissioners about my objection that such Administrative Approval could not possibly be valid, the Acting Principal Planner stated that it was her feeling that the Land Use Element requires hospital development to be re- viewed by the Planning Commission only if it is medical or City Council August 7, 1986 page 10 medical-related, and that in her oplnlon, a connector corridor for patient transportation between two cancer wards was neither medical nor medical-related. During the ensuing discussion, Commissioner Israel moved adoption of the staff recommendation with modifications to the Findings and Conditions essentially identical to those which I had suggested during my initial testimony. He opined that as far as he could determine, the inadequacy of the information presented to the Com~ission was the fault of staff and involved no bad faith on the part of the applicant. He appeared to rely upon my answer to the hypothetical question which he had asked during my second turn at the podium, in tandem with the Acting Principal Planner's representation that the earlier Adminis- trative Approval was legitimate, in reasoning that no prejudice to the adoption of the Hospital Specific Plan would occur were DR 329 to be approved. Commissioners Hecht and Kirshner both spoke in favor of con- tinuing the proceedings to a later date, indicating that they would be uncomfortable supporting the project in view of the sketchy information then available and the variety of questions which had been left unanswered. Commissioner Perlman suggested that the question be called in view of the fact that this seemingly inoffensive first agenda item was taking up an inordinate amount of time on a night with a crowded agenda. The Chairperson called the question, and Commissioner Shearer was denied the opportunity to speak. Commissioner Israel's motion to approve the project with direction to staff to prepare a set of explicit Findings and Conditions to be returned to the Commission for subsequent adoption passed on a four-three vote (Commissioners Israel, Farivar, Hebald-Heymann, and Perlman voting yes; Commissioners Kirshner, Shearer, and Hecht voting no) . City Council August 7, 1986 page 11 Later that night Commissioner Shearer appealed the Commission's action to the City Council on three grounds, including inaccu- racies appearing in the staff report, an erroneous finding of non-prejudice to the adoption of the Hospital Area Specific Plan, and an inadequate parking condition. A draft set of Findings and Conditions for DR 329 (included with this letter as Attachment A) appearing on the August 4 Planning Commission Consent Calendar were inadequate in a variety of regards, principally in their failure to reflect the findings actually made by those Commissioners voting to approve the project on July 7 (please see my letter to the Planning Com- mission dated August 4, included as Attachment C). With only five Commissioners present, including a new Commissioner who had not been present at the original hearing and had conse- quently not heard any of the previous public testimony and Commission deliberations, the Commissioners voted three-two in favor of not adopting the proposed Findings and Conditions. Later in the evening, after obvious prompting from Commissioner Israel, the new Commissioner offered a motion to reconsider her vote. Following a three-two vote to reconsider, Commissioner Israel introduced a second motion to adopt the proposed Findings and Conditions for DR 329. This time he blatantly prompted the vote of the new Commissioner, who appeared confused to the point of not having the slightest clue as to upon what she was voting. (Those Councilmembers doubting my account of vote prompting are strongly and respectfully urged to review the taped transcript of the August 4 Planning Commission meeting to verify that this in fact occurred--I couldn't believe my ears either, so I reviewed the tapes myself the following day, and the vote prompting is clearly there for the whole world to hear. The Council is respectfully requested to exercise a little more caution the next time an opening exists on the Commission.) City Council August 7, 1986 page 12 The new Commissioner changed her vote based apparently only upon Commissioner Israel's vote prompting, so that the second motion to adopt the proposed Findings and Conditions received a three-two vote favoring passage. For a host of reasons, this did not constitute valid adoption of the Findings and Conditions, so that no Statement of Official Action by the Planning Commission presently exists (please see my letter to Suzanne Frick dated August 7, included with this letter as Attachment B) . TEMPORARY CONCLUSION OF LETTER So that I may be able to submit this letter in a fashion sufficiently timely for its inclusion in the Councilmembers' packets, I will conclude here for the moment. With any bit of luck I will submit the conclusion to the Mayor's office tomorrow shortly after noontime. As a great deal more material is yet to come, I would respectfully urge Councilmembers to try to come by the Mayor's office late Friday afternoon so as to be able to have the completed letter for edification over the weekend. Sincerely, f\ Il/01- LlK. t-1111iam F. Weingarden ~TTf)-(Jr(n~tVT It (;,6 STATEMENT OF OFFICIAL ACTION PROJECT NUt-mER: DR 329 LOCATION: 1328 22nd Street APPLICANT: St. John's Hospltal and Health Center REQUEST: Add1t1on of a 2,572 sq.ft. Connector BUlldlng to J01n the EX1sting West W~ng and South Wlng at St. John's Hospltal and Health Center PLANNING COMMISSION ACTION 7-7-86 Date. x Approved based on the followlng flnd1ngs and subject to the condltlons below. Denled. Other. FIKDlliGS 1. The development 1S conslstent W1 th the flndlngs ana. pur- pose of Ordlnance 1321 as set forth below. 2. The physlcal locatlon and placement of proposed structures on the slte are compatlble wlth and relate harmonlously to surround1ng sites and neighborhoods 1n that the 2,572 sq.ft. connector/walkway w1ll be located completely wlthln St. John's Hosp1tal and Med1cal Center campus and w1ll be deslgned to be compatible wlth eXlstlng ca~pus bU1ldlngs. 3. The existlng and/or proposed rights-of-way and facilltles for both pedestrlan and automoblle trafflc w111 be ade- quate to accommodate the antlclpated results of the pro- posed development lncludlng off-street park1ng facllltles and access thereto 1n that three park1ng places wlll be leased off slte. 4. The eXlstlng and/or proposed publlC and/or prlvate health and safety fac1lities (lncludlng, but not llffi1ted to, sanltat1on, sewers, storm dra1ns, f1re protection devices, protectlve serVlces, and publlC ut1ll. t1es) wlll be ade- quate to accommodate the antlclpated results of the pro- posed development. - 1 - ftTffKJffnWf ~ 5. The proposed development lS cons1stent Wl th the General Plan of the C~ty of Santa Mon~ca and the Zon~ng Ordinance ~n that the proJect w~ll not preJud1ce the adopt~on of the Hosp~tal Specif1c Plan specified ~n the Land Use Element of the General Plan and conforms to the appropr~ate CP standards contalned ~n the Zonlng Ordlnance. SPECIAL CONDITIONS 1. The Architectural Rev~ew Board, ~n the1r reVlew, shall part1cular attentlon to the scale and artlculat10n des1gn elements, exter10r colors, textures, materlals wlndow treatment to ~nsure ~ts compat~b~l~ty with the lst1ng hosp1tal bU1ldlngs. pay of and ex- 2. Three parklng spaces shall be prov1ded for thlS new add~- tion w1ll be leased off s~te. STANDARD CO~DITIONS 1. Mlnor amendments to the plans shall be subject to approval by the Dlrector of Plannlng. An lncrease of more than 10% of the square footage or a slgnlf1cant change ln the ap- proved concept shall be subJect to Plannlng CommlsS1on ReVlew. Construct1on shall be 1n substant1al conformance w1th the plans submitted or as mod1f1ed by the Plannlng CO~~lsslon, Arch~tectural Rev~ew Board or Dlrector ot Plann1ng. 2. The rlghts granted hereln shall be effect1 ve only when exerclsed Wl th1n a perlod of one year from the effective date of approval. Upon the wrltten request of the appll- cant, the Dlrector of Plann1ng J""lay extend th~s perJ..od up to an add1t~onal SlX nonths. 3. The appllcant shall comply Wl th all legal requ1rements regarding prOV1Slons for U1e dlsabled, lncludlng those set forth ~n the Cal1.tornla Adran1.strat1ve Code, Title 24, Part 2. 4. Refuse areas, be screened Refuse areas need. storage areas and mechanlcal equlpment shall 1n accordance Wl th See. 9127J. 2-4 (St-lHC). shall be of a Slze adequate to meet on-site 5. ThlS determ1nat1.0n shall not become effectlve for a per~od of twenty days from the date of determ1natlon or, lf ap- pealed, unt1l a final determ1nat~on 15 made on the appeal. - 2 - AT/A C H f((wr t4 VOTE Ayes: Nays: Absta1n: Absent: Far~var, Hebald-Heymann, Israel, Perlwan Hecht, K1rshner, Shearer I hereby certify that this statement of accurately reflects the final determination Commission of the City of Santa Monica. Official Action of the Planning date slgnature prlnt name and t~tle KR:nh STDR329 07/24/86 - 3 - ~ rrA cHfncrVr B William F. Weingarden 1234 Seventeenth Street Santa Monica, CA 90404 August 7, 1986 Suzanne Frick Acting Principal Planner Santa ~onica City Hall 1685 Main Street Santa Monica, CA 90401 Dear Ms. Frick: Please be advised that after considerable reflection and some legal research I have come to the conclusion that, despite the presence of some appearances to the contrary, the Planning Co~mission failed to adopt validly a Statement of Official Action for DR 329 last Monday night, August 4. I accordingly therefore implore you not to include any such Statement in the Councilmembers' packets (slated for distribu- tion today) and not to represent in the staff report on the DR 329 appeal that such a statement was adopted. Additionally, I respectfully request that staff administratively continue the corresponding appeal hearing presently scheduled for next Tuesday evening until such time in the future as the Planning Commission has validly adopted a statement of the action which it has taken on this project, so that the Council may have in its possession a record of such action at the time it considers the matter. Following a su~ary of the relevant facts I will offer several arguments in support of my contention that the Statement of Official Action has yet to be validly adopted. SUMMARY OF FACTS On July 7, 1986, the Planning Commission approved DR 329 on a four-three vote (Commissioners Israel, Perlman, Farivar, and Hebald-Heymann approving; Co~~issioners Hecht, Kirshner, and Shearer opposing) with a direction to staff to make several explicit revisions to the suggested Findings and Conditions appearing in that night's staff report and to return them for adoption by the Comrrission at a subsequent meeting. Suzanne Frick August 7, 1986 page 2 ATIA-({tlll~A)T t Staff returned a set of Findings and Conditions for the Com- mission's review last Monday night, August 4. Commissioners Hecht and Farivar were absent, and during the time intervening since July 7, Commissioner Hebald-Heymann had been replaced by newly-appointed Commissioner Burns. The Findings and Conditions drafted by staff and appearing on the August 4 Consent Calendar neither carried out the Com- mission's explicit directions regarding revisions nor reflected their actual decision, based upon the substance of their dis- cussion immediately following the July 7 public hearing (please see my attached letter to the Planning Commission dated August 4, paying special attention to the second and third paragraphs appearing on page two thereof) . Following the Commission's receipt of a letter by this author, Commissioner Shearer removed the Adoption of the Statement of Official Action from the Consent Calendar, stating that he was doing so because it did not reflect the Commission's apparent assessment on July 7 that the subject connector corridors had already been built. Commissioner Perlman suggested that tenses of certain verbs in vario~s of the Findings and Conditions be altered to reflect this reality. Commissioner Israel then made remarks to the effect that, although errors may have been made at the July 7 meeting, the Statement of Official Action should duplicate such errors. Commissioner Shearer suggested that it would be acceptable to him to adopt the proposed Statement of Official Action provided that the Commission directed that my comments were to be forwarded to the City Council along with it. Commissioner Israel found this unacceptable, believing that it would impart some sort of official Commission imprimatur to my allegations that the Statement of Official Action was defective. Following an off-the-cuff opinion by Deputy City Attorney Horne that adoption of a Statement of Official Action was not a substantive action and therefore did not require a majority vote of the full Commission, Co~~issioner Israel offered a motion, seconded by Co~~issioner Perlman, to adopt the staff- drafted Statement. The motion failed on a two-three vote (Commissioners Israel and Perlman voting yes; Commissioners Burns, Shearer, and Kirshner voting no). The Commission then proceeded to the next item on its agenda. Immediately after the conclusion of Item 7-A, Commissioner Burns offered a motion to reconsider her vote on Itltem Six." Corrunissioner Israel then prompted her to say "6-C," although my recollection is that she in fact never quite corrected herself, Suzanne Frick August 7, 1986 page 3 ITTTALftrrJUJT f3 if that was legitimately her intention. Commissioner Perlman seconded, and without any discussion, the Commission voted three-two in favor of reconsideration. Commissioner Israel immediately moved adoption of Item 6-C, and Commissioner Perlman again seconded. The roll was called without discussion. After some hesitation by Commissioner Burns (who had voted unequivocally during the roll callan Item 6-C earlier in the evening), Commissioner Israel prompted her by saying the word "yes." She immediately voted yes, as did Commissioners Israel and Perlman; Commissioners Shearer and Kirshner voted no. The above circumstances do not constitute an Adoption of a Statement of Official Action, for each and every of the following reasons: REASON 1: SUBSTANTIVENESS Contrary to Mr. Horne's opinion, the adoption of the Statement of Official Action under these circumstances is substantive, meaning that Commissioner Israel's second motion to adopt failed to meet the voting standard for passage imposed by Rule 2 of Resolution Number 85-001, the Rules of Order and Procedure for the conduct of Planning Commission meetings. The pending matter, specifically, adoption of the Statement of Official Action, was therefore deemed automatically denied. Although it seems to me obvious on its face that adoption of Statements of Official Action is a substantive matter, I shall offer several arguments, legal and logical, to counter Mr. Horne's claims to the contrary. Section 4(c) of Ordinance 1321 (CCS) provides in relevant part, with emphasis mine, that "[i]n approving, conditionally approving, or disapproving of an application, the Planning Commission . . . shall make written findinos of fact . . . II Additionally, Section 4{b) provides that following Commission conditional approval of an application, "rwlritten notice of such decision, inc1udina findinas of fact in suonort of such Qecision. shall be provlded to the applicant and-appropriate city officials." Controlling authority exists in California deeming the promul- gation of such written findings of fact--and consequently in this case the adoption of the Statement of Official Action--to be a substantive matter. liThe presumption that an adminis- trative agency's rulings rest on the necessary findings and that such findings are supported by substantial evidence does not apply to ?gepcies which must exoresslv state their findinas Suzanne Frick August 7, 1986 page 4 ATr~Hm~ ~ ~nd must set forth the relevant supportive facts.U aroadway, L~g~na, Vallejo Ass'n v. Board of Permit Appeals of City and Count v of San Francisco, 427 P.2d 810, 59 Cal. Rptr. 146, 66 Cal.2d 767 (emphasis mine) . Furthermore, the decision in r~rg~ount Rack Co. v. San Diego County, 15 Cal. Rptr. 7, 194 Cal. App. 2d 409, clearly identifies actions such as last Monday's as the adoption of Findings of Fact (as opposed to some sort of procedural ratification of findings which had already been adopted) . P~tterson v. Central Coast Regional Coastal Zone Conservation Commission, 130 Cal. Rptr. 169, 58 Cal. App. 3d 833, holds that the adoption of findings requires the same voting standard as permit approval, in this instance, four votes. This standard clearly was not met, and so the Findings of Fact, and conse- quently the Statement of Official Action, were not adopted. Lest it be claimed that Monday's action did not somehow contem- plate actual adoption of Findings of Fact, permit me to point out that the motion to approve DR 329 last July 7 specifically directed staff to prepare Findings and Conditions and to return them to the COITmission for adoption. From Patterson we see that such adoption did not occur. Legal arguments aside, as a strictly logical matter it can be seen that it is ludicrous to permit Statements of Action to be adopted with less than a substantive vote. Consider the fol- lowing hypothetical situation: Suppose a project had been deemed approved by a four-three vote and that two of the approving Cowmissioners were absent from the meeting at which adoption of a Statement of Official Action was to be considered. If a vote of fewer than four Commissioners were required to adopt a Statement of Official Action, it would be perfectly possible that the three dissenting Commissioners could collectively muster the votes for a Statement reflecting denial by outvoting the only two project proponents present. Under Rule 6 of Resolution Number 85-001 (incorporating Rule 12(g) of Resolution Number 7212 (CCS) by reference), it would more than likely be a year before a Statement of Official Action reflecting the actual project approval be adopted. This of course could occur after the appeals period to the Council (which runs from the original decision date) had expired, meaning that the project applicant would be effectively delayed for one year from getting Architectural Review, Building Per- mits, etc. by the variety of City officials receiving erroneous written notices of decisions per Ordinance 1321 Section 4(b). Although the situation described in the preceeding paragraph is no doubt sufficiently ridiculous to illustrate the senselessness of approaching the adoption of Statements of Official Action as Suzanne Frick August 7, 1986 page 5 ~TTA- cft fftiVT I> being non-substantive, the legal arguwents cited previously are manifest, and the conclusion is inescapable that no Statement of Official Action for DR 329 was adopted, even upon reconsidera- tion, last Monday night. REASON 2: INVALIDITY OF NEW COMMISSIONER'S VOTE As pointed out in my attached August 4 letter to the Commission, Commissioner Burns, who had not attended the July 7 meeting, had not listened to the Public Hearing, and had neither observed nor audited the Commission's deliberations and actions that evening, was not in the remotest position to sit in judgment on the accuracy of the draft Statement of Official Action as a reflection of the events actually transpiring on July 7. Since Statements of Official Action must by necessity conform to reality (this should be manifest, although case law certainly exists to support it), Corrmissioner Burns had no way of knowing what the "reality" of the matter was, and any votes which she may have cast (other than abstentions) on motions to adopt such statements were improper. The impropriety and invalidity of such votes by non-present Commissioners is implicit in the Paramount Rock decision, cited above. Additionally, past action by Commissioners is indicative in this regard, including action as recently as earlier in the meeting last Monday night with respect to the items appearing as 5-A and 5-B on the agenda. Even were the matter of adoption of the Statement of Official Action non-substantive, the invalidity of Commissioner Burns's vote renders the vote tally on either of the two motions to adopt a two-two tie, which under Rule 6 of Resolution Number 85- 001 (incorporating by reference Rule 22 of Resolution Number 7212 (CCS)) represents a lost motion. By this line of rea- soning, it is again seen that no Statement of Official Action was adopted. REASO~ 3; JNCOMPETENCE O~ NEW COMMISSIONER'S VOTE Even were it proper for Commissioner Burns to vote on a State- ment of Official Action regarding a meeting which she had not attended, she was quite clearly incapable of doing so in a competent fashion last Monday evening. Despite voting Uno" unequivocally when the question was first called, she later appeared to request that her vote be reconsidered, offering no reason for so doing. Upon reconsideration, she hesitated during the roll call and voted only after being prompted how to vote by Commissioner Israel. Suzanne Frick August 7, 1986 page 6 ~ TTftcJ11f7eJiJr B My conclusion is that she didnlt have the slightest idea what she was voting on either time the question was called. As such, her vote cannot be regarded seriously and should not be tallied, resulting in a tie vote and a failure to adopt via the reasoning at the conclusion of the previous section. Perhaps the Council will be more careful with its appointments next time around. REASON 4: INVALIDITY OF MOTION TO RECONSIDER Even if Commissioner Burns's vote and the voting standard were sufficiently legitimate the second time the question was called, the motion to reconsider the question was invalid, meaning that the original two-three failure of the motion to adopt the Statement of Official Action is the prevailing resolution of the matter as of the present time. The motion to reconsider was invalid with respect to item 6-C for several reasons. First, Commissioner Burns actually moved to reconsider her vote on Item 6, not Item 6-C. Although Commissioner Israel inter- jected t16-Cn as she was stating her motion, his remarks were out of order and he was incapable of making a motion to reconsider the vote since he had not been on the prevailing side of the vote (Rule 6 of Resolution Number 85-001, incorporating by reference Rules 12(c) and 12(9) of Resolution Number 7212 (CCS) respectively). The vote taken therefore was one to reconsider Item 6, which was adoption of the Consent Calendar. Com- missioner IsraelIs immediately subsequent motion to adopt Item 6-C was therefore out of order, or, alternatively, Commissioner Burns's casting of a vote other than that which she cast earlier in the evening represented a violation of Rule 23 of Resolution Number 7212 (CCS) (incorporated by reference by Rule 6 of Resolution Number 85-001). Either interpretation invalidates the results of the second calling of the question and lets stand the results obtained earlier in the evening, namely, a failure to adopt the Statement of Official Action. Even if the motion to reconsider had been regarding Item 6-C, it failed for lack of four votes, since a motion to reconsider is itself a substantive motion. This seems clear due to the General Comment which precedes Resolution Number 85-001, stating that "for purposes of consistency, clarity and convenience, these rules are patterned after the City Council Rules of Order and Procedure, and in fact incorporate major sections thereof by reference." Rule 12{g) regarding motions to reconsider is one such section directly incorporated into the Planning Co~~ission rules, and the motion to reconsider procedure set forth therein is in turn governed by the clause contained in Rule 2 to the effect that II [e]xcept as otherwise provided in the Suzanne Frick August 7, 1986 page 7 ftrrf}(Jfffltf'l T IS Charter, or by law, action taken by the City Council shall be taken by a majority vote of the entire membership of the City Council." Ironically, one of the Commissioners benefiting from the bogus reconsideration clearly agrees with me that reconsideration is a substantive matter. Kindly observe that portion of the proposed Rules for Reconsideration appearing in Commissioner Israel's July 30 letter to Ann Siracusa, suggesting that t1[a] motion to reconsider is substantive, and hence requires four votes to carry." Since the reconsideration motion failed by virtue of not reaching a substantive vote standard, the original vote on Item 6-C was not properly reconsidered, and, by the reasoning ap- pearing above, no Statement of Official Action was adopted. GONCLUSIONS AND RECOMMENDATION Under any or all of a variety of theories outlined above, the Planning Co~~ission has failed to adopt a Statement of Official Action on DR 329. It therefore seems appropriate that you not include the draft considered by the Commission last Monday in the Council's packets for next Tuesday. Additionally, the staff report on the appeal of DR 329 should clearly indicate that no Statement of Official Action has been adopted. Lastly, it seems logical that the hearing on the appeal of DR 329 be ad~inistratively continued until such time as a Statement of Official Action has been adopted so that the Council may have in front of it a clear indication of what decision the Planning Cow~ission reached last July. Very Cordially Yours, (U.1!J1 [j)~ William F. Weingarden It rjftC ff i11 LA) J C william F. Weingarden 1234 Seventeenth Street Santa Monica, CA 90404 August 4, 1986 The Honorable Planning Corrmisslon Santa Monica City Hall 1685 Main Street Santa Monica, CA 90401 Dear Cowmissioners: I offer this as an individual for the Commission's consideration in its prospective adoption of the Statement of Official Action for DR 329, appearing on tonight's agenda as Item 6C. I do not herein take issue with the wisdom of the action which the Commission has already taken with respect to this particular project, merely with whether the draft Statement of Official Action is truly reflective of the action which was taken. I respectfully suggest that it is not. It was my distinct understanding that those Commissioners voting on July 7 to approve this project did so in the belief that construction of the exterior of the connector building in question had already been completed, following testimony to that effect from staff as well as from members of the public during the course of the public hearing. If my understanding is in fact correct, then the Commissioners should adopt a finding to that effect and eliminate language appearing in any of the other proposed findings and conditions which may be inconsistent with that belief. FINDING 2 One such inconsistency appears in Finding 2, which in its present form states that the "connector/walkway will be located . . . and will be designed. . . " (emphasis mine), expressly implying that it does not yet exist, contrary to what appeared to be the Commission majority's determination four weeks ago. If the Commission wishes this finding to conform with the decision which it actually reached, these two "will bens should be replaced with "is" and "has been" respectively. 'JI ft rT1JCl1 mE-NT L Planning Commission August 4, 1986 page 2 Additionally, I respectfully point out that this finding con- fuses the names of the City's two hospitals, and therefore, for the sake of clarity, the Cormnission should change "St. John's Hospital and Medical Center" to the institution's actual name, "St. John's Hospital and Health Center." fINDING 5 Here staff has failed to implement properly the direction, which the Commission included in its motion to approve this proJect, to modify the language appearing in the original staff report. Although staff has succeeded insofar as adding a reference to a finding of non-prejudice of the adoption of the Hospital Specific Plan is concerned, it is my distinct recollection that the Cowmission articulated a reason for reaching that finding. Such reason should be included in the Statement of Official Action. If my memory serves me well, the Commission adopted a reason for making this finding which I had suggested during my initial three minutes of testimony. Those Commissioners who voted for approval of the project should add this reason to Finding 5 before approving the Statement of Official Action. In any event, it is ludicrous on its face to make such a finding without offering at least some sort of reason for doing so, and the Commission should remedy this situation prior to adoption of the proposed Statement. SPECIAL CONDITION 1 As presently worded, this condition, like proposed Finding 2, belies the Commission's apparent belief on July 7 that the exterior of the walkway/corridor had already been constructed. It certainly makes no sense whatsoever to instruct the ARB to review the exterior design elements and features of a building improvement which already exists. Additionally, the word "ensure" is misspelled, and good grammar dictates that it be followed by the word "their" and not "its". It flitCH f)f(lj r c Planning Commission August 4, 1986 page 3 SPECIAL CONDITION 2 This is not a grammatically correct sentence, at least not in the English language, and the Commission1s intent in imposing this condition is therefore ambiguous. Although this flub typifies the low quality of staff work which has attended every phase of this project thus far, beginning with an inadequately drawn radius of notification map and culminating with a staff report which indicated that construction had not even begun much less was nearly completed, it presumably will be a fairly easy flaw for the Commission to correct. CONCLUSION This Development Review, which is now about to be reviewed by the City Council on appeal, has been surrounded by nothing but misinformation from Day One as the result of a combination of a duplicitous applicant with an incompetent Planning staff. The Commission would do well not to add to the confusion which the Council is already facing in its consideration of this project by promulgating a Statement of Official Action which bears no real relation to the action actually taken. The draft Statement of Official Action submitted by staff should therefore be reworded so as to be genuinely reflective of the events which transpired four weeks ago. Those co~issioners who either opposed aooroval of DR 329 or were not in attendance at the Julv 7 meeilna are not in a position to interoret the actions-of those who did vote for aooroval and should therefore. of course. abstain from votina - - - on the Statement or Official Action. If it is the Commission's pleasure, I would welcome the opportunity to offer oral arguments in support of the points contained in this letter. &1: 6tf )w--lte- {tj/ 9 tUr~1 u/ fl~-v~n-?" J (r / Sincerely, L(.f/ff} '1 fj);;~ William F. Weingarden ~. ~- , IJd~ 10 (2-8 " -, AU, 1 2 1:j.~ william F. Weingarden 1234 Seventeenth Street Santa Monica, CA 90404 p.~ugust 8, 1986 The Honorable City Council Santa Eonica City Hall 1685 Main Street Sa~ta Monica, CA 90401 Cear Councilmerr-bers: Attached please find my cOffi?leted letter =egaral~g I~e~ :2-= Tuesday night's agenda. ~- ...... -. Those of you w~ho read the lette~ 1vhich I dropped -=-r:.~o -"'25-:2::-- day.s packets should feel f~ee to ig~o=e the firs~ t~~~= c: ~~e acco~panying epistle, beglnr.ing if you will a~ ~~e ~2~~:~ of page 12 vvith "History of p..f.~ 258." T~ose of you who have not yet read the le~ter co~~a~~e~ yesterday's packets shou~d feel free to discard iLr as ~~3 conter.ts are co~tained e~tirely within t~e letter a~~a=~ec _~ this. Please accept my gratitude for your attent~on to ~::.::..s -;:::;;--:=;,."""" . -"- --- .. Si~ce:.::-ely, LtH!ll iti? Willian F. Weingarden - - -j-... A)d~ /21; .>. . III&U- j .,. - ~~ =:..... R"', ..,.... _ ... ~~ ~.o- ~ _ < -- - - < ~ __....~~. ~- ~"'.~. ;;-3- ~-ill -, <!>~.... _ii" William F. Weingayden 1234 Seventeen~h St~eet Sar.ta Monica, CA 9040~ Pmg"Jst 7, 1 0 Q;:::; __../.'OJ v The Ho~orable City Co~ncil Santa Monica City Hall 1685 Main Street Sar.ta Xonica, CA 9J~O~ Dea~ Co~~cil~ex~e~s: I s~bnit th~s as an individ~al for your consideration ~~ evaluat2.r.') the 327, sc.:::r-itt:ec. appes.l of Develop~ent ReVlew applicatio~ D3. ( S ----~} c;,:::'::'l..,. . ~. ::,- 'f:l ~ -= . ~o~n's Hosnital and Health Cente~ a~d a?~2a~~~~ O~ yo~r age~c~ for Tuesday ~ightls reet~~g as Iten :2-3. I a~ respect=~l~y reco~~ending a remard ~o L~e Cor~iss~Qn ~~t~ d~recticns ~o staff and tee CO~lss~or.ers. Th~s case ~~volves a =asclnat~ng j~xta?osi~ior., ur.lque ~~ ~v ex~~~~"""~~= ,....,.c ~"-,.....~'n~ c:t"';':;:: ,~- . ~ t = cc"""b~ned -T~-~ ::''='~-~~-'~~, ~2- .~..;';"~L~Hl ''::I ~ ~~_ -~.,-o:rl:"e enc~ .L1...L . ...._~_L repeated a~d su~stan~ia: risrepresentations by the app:~ca~L. MiSi!1fornatic~ has bee~ supp~ied to the Ci~y, tie Planning Co~ission, a~d to the ~e~ghDorhood representatlves at vir~ually every o~?ortuni~y. Additionally, every effort see~s to h~ve bee~ ~ad2 to ~reve~t the public from being 1nvolved In the pla~ni~g ~rocess 0= t~e s~bJect construction. As a res~~~, the ~lstory 2~d a~alysis contai~ed in thlS ~etter '.......ll ::... . . be sorre.;n.at l.eng~ty, In a~ effort to ensure that ~he Cl~Y '-'.... ...,;;...c .......-~_'1.1 .. C1ty Cour.cll Augus"t 7, 1986 page 2 pro]ec"t (w~ich ac~ually ?~$ceded the a??licat~on to the Planni~g Comnission), I will under~ake an analysis of the proceedings to date generally and cor;cl~de with a step-by-step exa~ination of so~e of the various issues being raised bv ~ie appeal. I begin by outli~ing some persona~ backg~ound detail s. ?E~SOYA~ BAC~G~O~~D My fa~~liarity with the appl~cant ~ospi~al could not , no. ...,~ longer-s~anding, inasm~ch as I was Dorn ttere in :953. I r.ave re~ted in the vicinity of SJ3~C a~ the address appear~~g a~ the outset of this let~er for nearlv thlr~een years. I have been ac~ive for sc~e w~ile in the co~~nity organization se~ving the neis~~o~io0d in wh~ch SC~?-C ~ies, Santa Mc~ica Eid-C~ty Neigtcors, a~d a~ cur~en~:y enjoying iV second terrr en its Board of Jirestors. I a~"te:lded . - a serles 0= cor~cnity ITeet~~gs ~egardir.g hosp~ta:-neig2Dorhood iss~es In general cond~cted by ~id-Ci~y duri~g t~e S~7~er or 193~ preceding ~he C~~y Co~nc~l L~C~ ~ea~lLgs a~d subseque~~ly became one of a tearr of fo~r r.egct~a~ors assigned by ~~e gene~al rreMbershi? of ~~d-City a~ its Oc~ober, 1984 Ann~al Convention to engage i~ discussions ~it~ SJH~C ?ursua~t LUC~ Policy 1.13.1. In this capac~ty I ~ave ~et frequently (al~ei~ on an off-a~d-on basis) w~~h rep~esenta~~ves or SJH~C durl~g the last two years for ~he p~rpose of negotia~ions and subsequent renego~ia~io~s resarding t~eir ~aster ?lan. Additionally, begir.nir.g o~ Aug~st 21, ~985, I organized the reside~tial ter.an~s of SJE~C at t~elr (~he tenants') request and served as t~ei= representative with respect to SJHHC's Rent Control Rerroval Permit applicatlon 156R-D through December of that year. _" ""ca ,. .wr~~""'-"W'~~ ~vv,j- ....J"o! . 'v- , ''I' :'~ >.;~~- ! j City Cou~cil At:g'..lst 7, 1986 page 3 APP~=CA~T-N~IGE30P~OO~ PSLATIONS BAC~G?C~~D The rela~ionship be~ween St. John's Hospital and Eealt~ Ce~~e~ a:ld its surrounding resident.ial neighborhood has virtt.:e.=--=- '/ always been rocky at best, to pu~ it mildly. Prior to ~~e initial ar.nouncement in August, 1984 of what ult~Date=-y evolved into LUCE Policy 1.13.1, SJEHC had for so~e w~~le categorically refused to meet with residential neighbo=~ood represe~~atives to discuss COITQunity planning iss~es as he:: __ other matters of cor.cern to people living in the ~~~e~~a~e area. Only when it ~ad beco~e clear tha~ tb-e City Cou:lcil was :~<e=-:' to i~corporate a cor.~unity-participation hospi~al ~as~er planning process into tte LUCE, SJEEC begi:l rreet~~~ ~~~~ _ ____ of preli~i~ary negotiators fro~ ~~d-City 's ~e~ers~i~ a~~ staff for the purposes of i:lEormation exchange. ~~ ~~s Octoberl 1984 A~:l~al Convention, t~e general ~e~ers~~~ ~- Santa Monica Mid-City Neighbors authorized a _C~. nego~iators to rreet with re?rese~tative3 of SJE~C c= ==...::~ - . :0:: -:.~e purpose of achievlng sub~ission to t~e City of a :~s~e= ?:2~ by SJH~C whic~ would be mutually ag::eeanle to t.~e ~OS~~-:'2: ~~~ the neigh~or~ood. Mid-City's renbe~shi? adciltior.~::y ;=_e ~~e negotiators direction in the for~ of a series of ex?l~=~~ objectives to be ac~ieved durl~g the course of ~tese negotiations. After frequent weetings during the =a1l of 198~ a~ qre=-:. inconve~ience to Mid-City's regotiators (w~o we~e ~e~era~:y serving in a volunteer capacity) so t~at SJHEC's =~;,e:~~e could be acco~odated with respect to the naster plan~~~g process, the Hospital sub~itted to the City a Master P:an which, after significant compromise, probably represer.~ed a 95% level of agreement between the two parties. Followir.g receipt of this Master Plan, City staff began processing of an ~--- ..J _"- ~_~ ",,""'~-'-:r~~{;~."'-~"'" ~~ -~~ ". City Council August. 7, 1986 page 4 application by SJEHC to erect a f1ve-story Medica~ Offlce Building on the southeast co=ne~ of Twentieth S~reet a~d Arizona Ave~~e. T~lS applicatio~ for Development Rev~ew was approved by the Plan~ing Commission in March of 1985 WlLh support from Dor.ald Lewin Nelson, one of Mid-CiLY's fo~r negotiators. Almost immediately following receipt of this approval, SJH~C began explorlng with City staff the possible usage of a maJor portion of land on Arizona Avenue be~ween Twenty-?irst and Twenty-Second Streets in a fashion incongruous witn ttat anticipated by the Master Plan already submitted, represer.~~ng a contravention of the only major conceSSlon soug~t or received by the Mid-City negotiators during the discussions the p~evious fall. Shortly thereafter, SJE3C let ~ic-:ity representatives know that it had no intention of =~l=i~~~~g p~eviously agreed-to obligations specified ~n wr~~lng ~~ l~S ~aster Plan and asked to reopen discussions for t~e 9~=pose 0= ~enegotiating ~r.ose portio~s of tte Master Plan cea~l~~ ~~~~ housing relocation and A~izona site usage ratters. On July 25, 1985, SJ~HC sub~itted to the Rent Cor.trol 3oa=~ a~ application for a Category D ~e~oval of all of i~s rer.~al housing which co~pletely contradicted the terns of i~s ~aSLer Plan. Followir.g pro~racted and heated discussions wit~ Mid- City negotiators, as well as substantial opposit~on fr~~ a~ organization containing the vast majority of its reside~t~al tenants, SJHHC in Dece~ber of 1985 arended this a9pllca~lo~ to reflect a new agreement reached with the Mid-City negctiato~s which was somewhat more, albeit by no means totally, lD keepir.g with the original Master Plan. This agreement, which, after being originally drafted by SJHHC's attorney, had undergone substantial revision as a result of the negotiating process, was ratified by Mid-City's Board of Directors on December 18, 1985, in the form of a Memorandum of Understanding between .~.~-~- .... ~-:=~e~,._...J.. ~- ~l _.:::.~..:... ..A ~ j t ~~~,-j City Council August 7, 1986 page 5 SJHHC and Santa Monica Mid-City ~eighbors. O~ Ja~uary 9, 1986, the Rent Control 3oa~d approved the ame~ded a?pl~~at~o~ after receiving in public hear1ng support frc~ so~e 0= SJP.~cts tenants and vehemen~ OP2os~tion fro~ othe~s. HISTO?Y OF DR 329 On April 8 and 9 of this year, SJHHC filed three applications for Development Review with the City without fi~s~ infcr~ir.q Mid-City Neighbors that this wo~ld take place or ClSC~SSlr.g the nature of these applications with any segment of t~e resi- dential corr~unity. All three appllcations we~e ~lrac~~o~s~~' scheduled for Planning CO~~lssion review the night of ~une L (= say miraculously in view of the fact that the nor~al processing delay for most D~ applications these cays see~s ~o De approaching six wonths). Neither the applica~t nor ~he ?lanni~g staff wade any effort whatsoever to in=o~~ t~e CC7:~- ni~y o=ganization that these ~atters were pending ~n~~: ~~. To~ pyr.e, Special Assistant to the President 0= S~~HC, contac~ed M~. Paul Rose~stein/ Chairperson of ~ld-Clty'S 302ro, only six days be=ore their sched~led public he2=l~g. (= have always been curious, lr.cidentally, as to why ~r. ?yr.e contacted Mr. Rosenstein--~ho lives in a portion of t~e nelohborhood distant from ~he Hosnital and is co~sec~e~tlv ~ot -' .1,. ~ ~ entlrely acq~ainted with the hospltal planning issues ~n detail--and avoided cOIT~unication with any of the four ~egotiators fron Mid-City who had been working Wl~~ t~e Eospi~~l en co~~unity plannl~g issues for nearly t~o years.) Further~ore, ~~aff seemingly endeavored to see that the publ~c in general was entirely unaware of the existence of the DR 329 project as well as its public hearing. An improperly drawn radius-of-notification map (violating the terms of Section 1 of Ordinance 1230) resulted in not a single resident of the -____IJ- ..,...,......;-..-~ - .~ T> ~-_.~ ~~ , -'" J -_.~.. . City Council August 7, 1986 page 6 Hospital ca~pus area being noticed of the June 2 public hea~~~g before the Co~missio~. Additionally, the matter was placed not under the Commission's ?cblic Searings agenda ite~ Dut O~ their Consent Calendar, in violation of Rule 3(d) (Sf of the Planning Cor-mission rules ma~dating that no item requ~~lng a public hea~ing be placed on t~e Co~sent Calendar. After several members 0= the public who fortunately happened to be in attendance pointed o~t the notification irre~Jlarl~Y to s~aff, the Commission decided to continue the matte~ to i~s July projeCt review night so that the public could be adequa~ely noticed. The otte~ two St. John's applicat~ons were contin~ed also, so that envlronr.ental reVlew could be provided. The Corrniss~on then evinced a~ intent that no more hOS?ltal projects co~e Defore it unti: suc~ tiQe as it had bee~ provided ~~th t~e O?po~t~n~~y to review the draft Rospital Area Specific ?:an. At this point in the evening Plan~ing staff announced that they had admin~stratively abchdo~ej t~e idea of pre?ar~~g a Specific Plan despite clearc~t la~guage ~n the Land Use Elenen~ manda~ing its adoption. After several ~embers of the p~blic in attendance exploded (figuratively speaking, fort~~ately) a~d follohing a series of meet~~qs later in ~une, staff ulLimately reversed its decision a~d retur~ed to ~r.e origir.a~ co~cept of Specific Plan preparatio~. At the co~clusion of t~e JUhe 2 Eospital discussion, t~e Co~~issio~ sc~ed~led a St. Joh~'s Hospital Maste~ Pla~ works~oo =or Julv 7, . ~ been resched~led for ccinc~de~tally the night when DR 329 review. haa During the intervening month I made an inspection of the pro- posed proJect site and was shocked to discover that the con- nector corrldors envisioned by the DR 329 applicatlon had already been built. When I confronted the applicant's .-:::_- -! .J .~~"11- ~~......,.."'i ---L~ ~~.. 7~ ..... '-. ~ ~~ .~~, City Councll lmgust 7, 1986 page 7 representative (Mr. Pyne} w~th this fact, he in=ormed ne that the corridors had been built under authority g=anted by sore piece of state legislation specifically regulating the construction of hospital corridors and pree~pting local zoning authority. He additionally told me that the only necessity =o~ the application for Development Review was to obtain C1ty permission for certain office usage internal to the cor~idors- -that the exterior construction had already taken place and was not at issue. Based upon this represe~tation and following a guided tour c= the project area, I agreed to support DR 329 on the CO~dltlC~ that St. John's stipulate to parki~g space provision te~ms other than those suggested by staff (who had reco~uended that three parking spaces be provided on a parklng lot whic~ no~ only was tanden-striped to the rrax, therefore having no recr for extra spaces, bu~ a~so was ide~tified in the HOspltal's Master Pla~ as a site for fu~~re construct1on of replacemer.~ residentia~ housir.g). The ap?l~cant's representative agreed, and I additionally acceded to ~lS re~Jes~ that : offer a =e~ words on St. John's behalf a~ the Ju:y 7 ?lanning Co~~ission Hospital Maste~ Plan workshoD. The July 7 staff ~eport w~s identical to the June 2 staff report except for the fact that it did not include an attached radius-of-notlfication ~ap (apparently so that meITDerS of the public would r;ot be aDle ~o discove= any additional er~ors which might have occurred along those lines). I took it upon myself, wit~ staff's cooperation, ta ve~ify t~at things were kosher this tlme and tha~, unl~ke the previous month, the public was indeed aware that a hearing was taking place. I should mention at this poin~ t~at t~e staff report was defective in a variety of other respects, including poor mathematics (the division of 300 into 2572 was somehow .......__>-"-,._~_ __;;.. ..-J-1.I~."""" - --. _.- - ..~ ~:."'-~r- j ....... City Council August 7, 1986 page 8 represented as resulting in three parking spaces rather tha~ nine), miserable grammar, miside~tification of the applica~~, a fallure to state the p~oject history to that point (continuance due to inadequate p~Dlic notification), and, mos~ signiflcantly, a failure ~o provlde the Commission wit~ even the slightest of indications tha~ the construction for which pernission was sought had already taken place. Following the St. John's Hospital Master Plan Workshop berore the Co~~ission, during which tiITe I made good on my pro~ise to speak ravorably about the Eospital and its representatives, DR 329 came before the Commission during the course of the project consideration portion of the evening. IIT~ediately .....' t f' t b" h ' . . l' prlor to _Lne com~encemen 0 1 S pu L1C ear lng, tne app l- cant's representative a?~oac~ed ne to verify t~at I stl~l intended to speak in support of the project, WhlC~ I co~=ir~e~. Neither the oral staff report ~or the applicant's re?resen- tativels p~esentatlon to ~~e Co~~issio~ gave everr t~e slightest i~dication that the subJec~ construc~ion had alre2dy taken place, so when it was my t~rn to spea~ ar.d I sta~ed that I had seen the corrldors and that they had already bee~ bUllt, a number or jaws dropped. I spoke in suppo=t of the application based upon the belief (erroneous as Lt tu=~s out) instilled in rre by t~e applicant's representative tha~ t~e corridors had been built as the result of sorre state s~atute which superseded the ability of local zoning authority to regulate hospital corridor construction. As ~t ~as my considered opi~lon after two years or work on the Hos?~~al master planning process that the Hospltal Area Specific ?lan was unlikely to ~egulate internal uses of Hospltals in rega=ds other than the provision of parking which might be necessitatec by such uses, I testified that D~ 329 could be approved without prejudicing the adoption or implementation of the ~......... ~ -_.~ ~~::.~ + ~ :,..- _-r-..~ {,~ ~ .~~.. j Ci.ty Council August 7, 1986 page 9 Hospi~al Area Specific Plan and s~ggested app=opr~ate flndirss which the Co~mission cou~d adopt in doing so. Immediately following ~y testi~ony the applicant's attorney, ~r. Sherman L. Stacey, app=oached ~e to inform me that ~he corridors had not been bUllt as the result of a superseding state law but instead pursuant to an AdMinistratlve App=oval which had been granted by staff sometime during the past winter or fall. As it is my belief that the Land Use ?olicy regarding the CP zone expllc~tly prohibits ministe=lal approval of Hospital projects p=~or to the adoption of ~he Specific Plan, I nearly hit the celling. I wasted no tiffie in writ~ng a request to the Chairperson t~a~ I wished additional time to speaK In light of t~is ~~ex?ec~ed develop~ent and was gran~ed an extra sixty seconc.s. tr~e meantime Mr. Stacey had told the Co~~ission wha~ ~e hai to:d me, and two mer~ers of the pu~lic spoke in oppositlc~ ~o ~he project on the gro~~ds t~at it ~culd prejudice the acc~~~o~ c= the Specific Plan. In the brief time allo~ted to rr-2 to speak a second tine I stated why such an Ad~inistrative Approval was une~ulvocally impermissible under the Land Use ~leITent and cpi~ed t~a~, under the circu~stances, I had no idea as to wha~ the appropriate Cor~ission action should be ar.d that it wo~ld therefore be best to continue the matter so as to ac~c~~e r.ore inforrration. Coxmissioner Israel asked what wy reccrr.~e~dat~c~ would be If it turned out that the cor~ldors had bee~ 7alid1y built under a proper A~Linistrative Approval, and I lndicated that, although such a situation was clearly impossib~e, if = accepted the premlse of his ques~ion then my initial recommendation would hold true, at least in the informational vacuum in which I was then operating. -=-..-~--. ~_ ...~Ii ~~. :--_~ iI~~ ... ...... -l: Jl -' ~",,""~..- City Council August 7, 1986 page 10 The public hearing was the~ closed and the matter was before the Commission. One of the Com~issioners asked staff about the history of the co~ridors, and at that po~nt staff for the first time acknowledged that they in fact had been built, pursuant to an Administratlve Approval issued some time ~n the past by the Acting Principal Planner. Copies of the file fo= that Administrative Approval were not made available to the Co~~ission as staff did not have them handy at the time. When asked by one of the Cowmissioners about MY obJect~on that such Administrative App~oval could not possibly be valid, the Acting Principal Planner stated that it was her feeling that the Land Use Element requires hospital development to be re- viewed by the Planning COIT~ission ?nly if it is medical or rr.edical-related, and that in her opinion, a connector corridor for patient tra~sportation between two cancer wards was neit~e= medical nor medical-related. During the eDsulng discussic~, Co~~issioner Israel moved adoption of the s~aff recoITmenda~ion with modiflcatlons to tte Findings and Conditions essentially identical to those which I had suggested during my initial testimony. He opined tha~ as far as he could determine, the inadequacy of the information presented to the Corrmission was the fault of staff and involved no bad faith on the part of the applicant. He appeared to rely upon my answer to the hypothetical question which he had asked during my second turn at the POd1UW, In tandem with the Acting princlpal Planner's represe~tatlo~ ~hat the earlier Ad~inistrative Approval was legitinate, i~ reasoning that no prejudice to the adoption of the Hospltal Specific Plan would occur were DR 329 to be approved. Commissioners Hecht and Kirshner both spoke in favor of con- tinuing the proceedings to a later date, indicating that they would be uncomfortable supporting the project in view of the . _ ~~~,-t3 ~ ~i-~~ .r-~.~-..L-~ ~ . " j ..."" . r ..... '- ~ ~ ~~~>- ~~~-._h ~~~-~ "- ", ~ r ~. . h:;;".~ ~ --- City Council August 7, 1986 page 11 sketchy infor~ation then available and the variety of questions which had been left unanswered. Commissioner Perlman suggested tha~ the questior. be called in view of the fact that this seemingly lnoffensive first agenda item was taking up an inordinate amount or time on a night with a crowded agenda. The Chairperson called the question, and Com~issioner Shearer was denied the opportunity to speak. Co~issioner Israelis motio~ to approve the project with direction to staff to prepare a set of explicit Findings and Cond~tions to be returr.ed to the Co~~ission for subsequent ado?tion passed on a four-three vote (Conrnissioners Israel, Farivar, Eebald-Heymann, and ?erlrr-an voting yes;-Commissioners Kirshner, Shearer, and Hech~ voti~g no) . ~ater that night Co~missioner Shearer appealed the Co~~issio~'s action to the City Cou~cil on three grounds, includlng inacc~- racies appearing i~ the staff re?ort, an erroneous findi~g of non-prejudice to the adoption of the Hospital Area Specific Plan, and an inadeauate Dark~~a co~dition. ... .. J A draft set of Findings and Conditions for DR 329 (inc~~dec with this letter as Attachment A) appearing on the August 4 Plan~i~g Commission Consent Calendar were inadequate in a variety or regards, principally in their failure to reflec~ the findings actually made by those Co~~issioners voting to approve the project on July 7 (please see my letter to the Planning Co~~ission dated August 4, included as Attac~~ent C) . With only five Comrissioners prese~t, including a new Corrmissioner who had not been present at the original heari~g and had conseq~ently not heard any of the previous public testimony and Corrmission deliberations, the Commissioners voted three-two in favor of not adopting the proposed Findings and Conditions. . ~r;-~ ... c'''.-;;''>~_~"oi''ilIoIJj'_.............z~_:-i...>:-t.- ~~ -J. ~. !"'JI"'~""~__h"--'" - -.-....r...'-.......~- '1--- 1 City Council August 7, 1986 page 13 approval for them. Although I have received a diffe~e~t answer to the question or what process led to the~r co~s~ru~ tion every time I have asked the question of the applicanL's representative and, after three different answers, am growing weary of the discussion, on this occasion I was provided with written documentation of past events leading me to believe that at long last I was getting close to the truth of the matte~. I have attached these documents at the conclusion of this letter. At this juncture I de?art fro~ the chronological sequence followed thus far and recount events occurring beginni~g in the surr~er of 1985. Offering any apologles which ~ay be necessitated by this non-chrono~ogical account, I wish to pOlnt out that I an simply explaini~g t~e pertinent even~s in the order in wnich I beca~e awa~e 0= ~hem. As far as I can determine, none of the Planning COIT~issioners part~cipa~ing in the July 7 hearing were aware of the events which I a~ abo~t to descrlbe at t~e ~ine of reac~ing their orlgina~ decision, and none of them are aware of ~hese matters today. In late 3~r.0er of las~ year, S~. John1s filed an appl~catio~ (included at tte e~d of this ~etter as Attachment 0) with t~e State of Califo~nia to constr~ct the subject corridors pursuant to the Ho<::o~ +-al C:::::>; s....,~ ~ C:af"""-u nc.... of 1983 (C"L E!;'""L",q "ND ..L. ............1...- ................- +;L";"~..... --1...... ___ rl.. ...........rt .......... r+.&. S~2ETY COuE 5 15000 et seq , excerpted in Attachment E). T~e State advised ~~e City CL the ex~s~ence of this application ~n September (pleased see ~e~ter of Nlcholas L. Parris to the Santa Monica Depar~~e~~ of B~~ldl~g and Safety dated Septem- ber 19, 1985, included as Attac~~ent F) . It should be no~ed ~tat, contrary to the account initially furnished to r.e by the applicant's representative, this State law did not and does not supersede any local authority to restrict or to reg~late the existence of hospital corridors. ~...~..~.._ -..III-:1-:"-t r-~-::t~~:::.~. -"'~u'~___. _ ......;...a.".__p-. "-- 1 f ~~_ J -.;.- City Council August 7, 1986 page 14 It is merely intended to e~su=e tr.a~ whatever hospital con- struction may be pe~mitted locally is built to nini~un standards of safety estab~is~ed by and enforced by the State (a detailed analysis of this poir~ will appear later in this letter) . Prlor to issuing a Building Permit for construction of these corridors, the State in fact inquired as to the permissibillty of construction of the corr~dors under local zoning laws (please see point 1 appearing near the bottom of page one of the October 31, 1985 letter from ~dward Wong to Leo A. Daly, included as Attac~~ent G). This resulted in St. John's applying for and rece~ving ~lnisterial approval frem the Planning Depar~nent for the corridor project, with the application having been submitted last November 9 by, among ot~ers, the c~rrent ap?lica~t's representative, and apparently being approved shortly therea=ter (please see Applicat~on for ACr..inistrat~ve Acoroval ~~ 258, incl~ded as Attacr.ment 3) . Although staff a~tached a s~ngle condition to the approval ma~dating that Lr.ere be ~o of=ice use within the corridors, the plans approved by staff in tee context of gran~ing the Administrative Approva~ clear:y show that interior space was intended to be use for office ?~rposes (please see Sheet T-2 from Leo A. Daly Architects dated Cc~ober 16, 1985, on file with the Plan~~~g DepartDe~t--:'m afraid it was too large to attach to t~is ~et~er--~i~dly pay soeclal attentlon to the area inter~al -:0 the corr::.c.ors :rarked "Open Office Aree. "). No condition requiring Architect~ra: Review was attached; neit~er was any provis~on for parkl~g req~ired. Central to disc~ssion of this case is the propriety and validity of ~P. 258, WhlCh will be analyzed later. Suffice it for the moment to say that this author is unequivocally "",o.-~~-.f;..""'';'"'' ..Ar~ ~....',;~..at~ j ,.~~J ~ _ :o-..-__-:.'L...-~.. "'- .,"--... City Council August 7, 1986 page 15 convinced that such approval was iropermissible under t~e La~d Use Element and the Interim Zoning Ordinance. Following the State's receipt of evidence that F~~ 258 had bee~ approved, the State issued a Building Permit for the co~- struction of the co~rido~s on Dece~er 16, 1985 (~ncluced as Attachment I). According to the most recent story suppl~ed ~o me by the applicant's representative, construction corr~enced some time thereafter and the exteriors of the corridors were completed and in place around the beginning of Apr~l. The Councilrne~bers should be aware that at no ti~e dur~ng a~y of this process were any of the people from Santa Monica ~ic- City Nelghbors, incl~ding the rrerrbers of its Hos?i~al Easter Plan Negotiating Teah., advised by anyone, either from t~e Hospital or fro~ City staff, of the appllcations, bot~ at ~~e State a~d at the local level, last s~mrLer and fall for ~~e construction of these corridors, despit~ th~ fac~ ~:--?t -........0 '!L.r.. .rl_ - -----......... Citv reaotiators we~e - - 'Teeti:1c C1 ~~ alrost wee<~y h;;-c::-. ~ -r"i~"" .................... ---- --- . - -,r-- the represe~t2tive a~d 2t~0~~ey of St. Jo~~'s t~~oeahc~~ r~~~ period at t~eir reqJest for t~e Durnose of re~eao~ia~i~a t~e - - Master P12~ in a fashion less favo~able to t~e ~ela~bcr~ood. Additionally, no o~e fro~ Mld-City Neighbors was infor~ed 0= either the corr~ence~ent or t~e cCT?letio~ of tr.e constr~ctio~ of the corridors. Tney -....ere s:..:rply "sneaked in" .:rom star::. <:0 finish. As mentioned earlier, Mid-City was also r.ot lr.for~ed w~e~ t~e instant application for DR 329 was flied last April 9. In fact, Mid-City was not even TIade aware of this applicatlon's existence until six days before the originally scheduled Planning Commission review nate. The application was apparently filed so that St. John's could weasel out of the condition proscrlblng office space that apparently made it possible for them to receive permission to ~.;........ "tIf""".:A~-4""lA4. Iii;t- t "-," I < - - -I' ~~r~ _~_~ J ~....- ........~.....l-~ .~...._. n ::_.::-:r_. ~~ .~ j'- -4'if City Council August 7, 1986 page 16 construct the connecting corrdiors in the first place. None- theless the application clearly and unequivocally represented to the City that construction of the corridors had yet to commence (please see "Floor Area to be Added" listing on the second page of the Application form for DR 329 included as Attachment J; also see the answers to questions 11.4 ar.a III.3 on the adjoining Environmental Information Form; also see tte final three paragraphs on the Attachment A which corresponds to that application as well as the statistics on its Atta~h- ment B). That concludes the somewhat convoluted history of this ~ess, at least as I presently understand it. I of course would not 8e surprised in the slig~test at this point to discover an entirely new set of facts which ~ave th~s far Deen concealed from me. ISSv~S PArSED 3Y AP?~AL Five issues a~e raised foy the Cou~cil's cons~ce~2~ion by t~lS appeal, three by the appellant hir-self, two by this aut~or. They are: 1. Should the City Council cor.sider this appe~l in the absence of a clear account of the action already ta~en by the Planning Comroission, either i~ the for~ or a Statement of Official Action or in some other ~ediu~? 2. Did the Plan~ing Comwissio~ reach lts decisio~, whatever that may have been, on the basis of lnsufflCle~t i~for- mation? 3. Will approval of DR 329 prejudice the Clty'S abillty to develop and to implement a Hospital Specific Plan? t -~__,.-,r-.c...&"~~..;!~\;! .>oyrJ:....Ii!~__.,.- - ~'l.~~ , ' City Council August 7, 1986 page 17 4. Is approval of DR 329 at this time proper in view of the behavior of the project applicant? 5. Were the Findings and Conditions adopted by the Planning Cor.mission, whateve~ they may have bee~, sufficient for the purposes of approval or DR 329, particularly in the areas of parking provision? An analysis follows: ISSUS 1: LACK OF S~ATS~~~T OF CO~ISSION ACT~ON Should the City Council consider this appeal in the absence of a clea~ account of action taken thus far by the Planning Corr~ission, either in the form of a Statement or Offic~al Action or in some other ~ediun? The answer is no. For a detailed analysis of why _~ is ~hat the CO~~lssion has failed th~s far to adopt a Sta~enen~ 0= Off~cial Act~on for DR 329, please see Attachment B to this letter. Even had a Statement of Official Actio~ been adopted by the Co~~ission on August 4, as some observe~s will no doubt contend, Attachment C presents a detailed analysis of why such statewent bears no resemblance to the action actually taken by the Co~ission. Either way, the Council is operating In the dar~ as to the precise reasons why the Planning Cor.~ission too~ the actlo~ which it has taken on th~s project. ~~sent suc~ infor~at~on from its appointed experts in the field of planning and de- velopment, the Council should not presume to begin analysis of the myriad of complex issues raised in this appeal. The most appropriate action for the time being would be to stay the hearing of this appeal until such time as the _ .._-......iI!I. .....-;-~~.,. -"i"-~~:o:i.;;;;l'-~- ~ r","~"- .J City Council Aug~st 7, 1986 page 18 ?lanning COITmission adop~s a Statement of Official Action by a valid vote of fo~r Conmissloners which legitimately reflects the action taken by the Corr~ission at the conclusion of the July 7 public hearing. ISSCE 2: PLA~NING CO~~ISSION IKFOP~_~TIO~AL VOID Did the Planning Cor.~ission reach its decision, whatever that nay have been, on the basis of insufficient info~ation? The answer here is yes. Although it is unclear in the absence of a legitimate Statement of Official Action what the basis for the Planning Co~~ission's July 7 decision was, it is incontrovertible that they did not have the docu~ents appearing at the end of this letter as Attachments D, F, G, H, and I in their possession at that tine. Furthermore, they were at best only vaguely aware of the existence of Ohe of these docurrents (AttachITent H) ana were totally unaware of the nature or contents of any of the others. They hence ~ad little if any information in thelr possession regarding the history 0= the develop~ent of the connecting corridors. Moreover, as the appellant hi~sel= accurately center-as, the staff report (included at the end of this letter as Attach~e~~ K) made no mention of the prior existe~ce of the proJect which they thought they were considering. Staff also concealed this informatio~ from the Corrmission in the oral staff report. The written staff report was inadequate in several other respects. The application submitted by St. John's which was available for perusal by the COITmissioners (Attachment J) not only contained no information that the connecting corridors had already been bUllt but also contained reasonably explicit i ~ .~,~ 1 .~"'~-J '5l....-.----r 1d-''''':'''-_-:'''~-It"{'':'I!i'-i~& ~-.i ". ...-~ City Council August 7, 1986 page 19 misrepresentations that they had yet to be built. Addition- ally, the applicant's representative concealed the facts of the corridors' existence from the CO~~lss~on during his inltial statement. On top of all this, staff provided the Co~~ission with errone- ous information regardlng the parking requirement applicable to the project as well as with an unfathomable interpretation of the controlling Land Use Element policy (more discussion on these points later) . As the prior construction issue is central to the ability to make a deter~ination of non-prejudice to the development and implementation of the Eospital Specific Plan (please see the next section), it is ~nco~ceivable that the Co~mission on July 7 had in front of it sufficient infornation with which to ~~ke such a deter~ination (and hence to approve the project). W~a~ little infor~ation they had on the prior constr~ction issue came to their attention at such a late stage of the proceedings that the Co~missioners could not possibly have digested it i~ a thorough and intelligent fashion in the relatively shor~ time period which they allotted the~selves for that purpose. The only concluslon is t~at their decislon must be reconsidered in view of extra information s~ch as that contained wlthin this letter. Although it is perfectly possible that the Council wlll have l~ its possesslon next Tuesday all the inforrration regarding ~~e instant application which the Corr~isslon lacked as a necessary basis for its decision, I must respectfully point out that none of the Councilme~bers attended the July 7 workshop on tte St. John's Hospital and Health Center Master Plan. As a deternination of non-prejudice to the adoption and implementation of the Hospital Specific Plan which will be drafted based upon the St. John's Master Plan is a prerequisite -.L-~____~__ ..;.e:..r ~ ! ..,q-c...........~~~ j , .-~-ii'- =...J City Council August 7, 1986 page 20 to approval of DR 329, the Councilxe~bers must de=er to the Commission on this point (please recal~ that even the Com- mission itself was unprepared to deal with this project until after the concluSlon of the St. John's workshop). The best, and possibly only, resolution to this matter is to remand it to the Commission so that they may reconsider it in view of a more detailed staff analysis which not only acknow- ledges that construction has taken place but also presents the project history and a summary of the significant issues raised thereby. This would enable those in the best position to do so, namely, the City's appointed planning experts who have already familiarized the~selves with the St. John's Maste~ Plan context via a workshop process, to rr-ake an informed decision on the matter, as distinguished from the present dec~sion WhlCh arose f~om a cor.bir.ation of non- and misinror- mation. Such a resolution would have the additional benefit of ensuring d~e process (which is so critical in the Lar.d Use app~oval contex~) to certain members of the public, myself included, who were operating in the sa~e informational vacuun as the Cor-missioners and wno were also denied the o?portunity to respond to certain facts, issues, and interpretations raised by staff and the Co~~ission following the public hearing. Had I known tr.en what I know now, I for one would have focused rry initial testimony (and even, for that matter, my reprise testimony) on a differe~t set of lssues, which conceivably ~ay have led the Commissloners to a different result. The first of the appellant's points is well taken and suggests a remand to the Planning Co~ission. _...~~..>>:...r- =-<.~.~ .f-k.1i...:lI~~~"'>""__ -~~-'-'.- ~ ,u i .-~--;J City COUIiCll August 7, 1986 page 21 ISSUE 3: PR~JUDICE ~O THE S?ECIFIC PLA~ Will approval of DR 329 prejudice the City's ability to develop and to implement a Hospital Specific Plan? In all due respect, the Planning Corrmission is much better equipped than the Council to make this judgment provided that they are supplied with the proper facts specific to the project. Should the Council prefer to make that determinatlon on its own at this time, I would agree entirely with the appellant (although not necessarily for the reasons he seems to suggest) and suggest that the answer to the above qJestion (particularly in view of circumstances which have come to light since the original Planning Co~ission hearing) is yes, co~- pelling project denial. The analysis of this one is unfortunately somewhat cowplica~ed, but here goes. As stated earlier, central to this analysis is the question of whether t~e connectlng corridors which are already constructed were done so validly. In my opinion either of the two possible answers to that question leads to the same conclusion at this point in ti~e. ~ven if the corridors were constructed validly, the appli- cation for DR 329 is defective in that in misrepresents conpletely the per~ission which is being sought, namely, per~ission for release from the single condition imposed by F~ 258, not permission to build corridors which already exist. Appropriate action given that resolution to the key question is therefore to deny the DR 329 application without prejudlce to the applicant's subsequent filing of an application for per- mission to change the use of an existing structure. ... --...;,... j .".'''' ,"~-ilL~~ -JC 4:!..:~ ~T~~'-!7~,*rl't ~:..-=-- :- ~.._ir"--~;'> . City Council August 7, 1986 page 22 If, on the other hand, the corrldors have not been validly, or, if you prefer, legally built, then the issue of whether they should be constructed at all is properly before the Council at this time (meaning that the permission sought by DR 329 is appropriate, although it misrepresents the facts in seeking such permission). If this is the case, I believe that, for reasons to be outlined shortly, it is not possible to make a determination of non-prejudice to the adoption and the iIT-plerrentation of the Specific Plan at present and that sustaining of the appeal and denial of the project is ttere- fore in order. After consideranle thought and analysis, it is my confirrr.ed belief ~hat the existing corridors were not constructed validly for the reasons that follow: The Hospital Seisnic Safety Act of 1983, under the auspices of whic~ the co~~ec~l~g corridors were b~ilt, is not preem?~ive of :oca~ zo~i~g a~thor~ty in a~y regard other than enforce~ent 0= a state~icie ITlnl~U~ se~ of building standards. Although the Act does ~o~ explicitly so sta~e, the Legislature only eVlnces an inten~ to preer-pt local authority only for the purpose of e:-:suring that hospltals are "designed and con- structed ~o resist, insofa~ as p~acticalJ the fo~ces generated by earthquakes, gravity, a~d winds." (Please see Attachment E for an excerpt in relevant part of the Act.) This is supported by the explicit language that it "is the intent of the Leglslatu~e t~a~ where local jurisdiction have more restrictive requ~rements for tte enforcement of building standards, oL~er building regulations and construction supervision, such requlrements shall be enforced by the sta::e." Further support for this interpretation comes from the actions of the Office of Statewide Health Planning and Development in seeking written evidence of conformance to .. ....-".o=-'".&~~--- .~-~ ~;;:,~ooIIto.JIlR"""'''' r~- , - - ~ ~.L-s iWt City Council August 7, 1986 page 23 local zoning requlrements (please see point 1 at the botto~ of page 1 of Attachment G) . The building permit included at the end of this letter as Attachment I is thus only valid if the Ad~inistrative Approval for AA 258 (included as Attachment H) was valid. I contend that it is clea~ly invalid, reasonlng as follows: Ignoring the technicality that the effective date written in on it is November 25 of this year, not last year (this is one of the less offensive instances of the enormous amount of staff incompetence which has accompanied this case from Day One), it was approved under Section 2(e) of Ordinance 1321 which requires that "the Director of Planning determines t~at such developme:lt. is consistent with the General Plan " Policy 1.13.1 of the Land Use ~le~ent of the Ge~eral Plan in t~rn states, in pertinent part and with e~phasis mine, a policy to "rflol~onl~a Citv adoDtior of Snecific Plans for tne area co~prisi~g a~d ir~ediately s~rrounding each 'hospital ca~pus', allc~ ex?a~sio~s of existi~g hospital buildi~gs and const~uction of ~ew medical buildings in accordance with the adopted Specific Plans. develop~e~t ?rcposed by n H mnr1; I .,... ~""~;cal-"""'o'at,<:>r' . ..i1.: _~~ca 0_ ,,"yy_ _~_ ~'-" eit~er hosnital Drio~ to Citv aDDyoval - - of ;~s r~~~~~r1'V~ ~~n~;~~r Pl~~ ~~~'l b,<:> QnbJ'e~t to Sl'~L.. P_ ............ ...............~--'-'- "'- ......::----'-----..... -:;::..- ~_.__....... .....~....... ~ ~ review and shall be app~oved only if the development TIelther prejudices ~he cievelo9ment and implementation of the Specific Plans, nor ave~sely [sic] affects surrounding neighborhoods. Neithe~ the S?ec~=~c Plans 0Qr a~y site review s~all be adooted T,'lit::-.0''':'::. c'..:bllC he~ri~:::r.q." - - No chai~ of logic, no matter how irrational, leads to the conclusion that the deterQination of consistency with Policy 1.13.1 re~Jired by Section 2(e) of Ordinance 1321 could have been made in tLe case or ~_~ 258. i v- ~~.,."~.""........_~.,,r ~~_~~~~r_~ -~.~--l ~ city Council August 7, 1986 page 24 Responding to a question from one of the Co~~issioners following the conclusion of the public hearing on DR 329 on July 7, the Acting Principal planner posited that hospital connecting corridors do not constitute medical or medical- related developnent provided that they contain no inter~a~ office space, and that therefore they are exempt from any requirements for public hearings which may exist in Policy 1.13.1. On this basis she suggests that AA 258, for which no public hearings were held, was validly approved. Her reasoning is defective because 1) hospital connecting corridors are medical or medical-related in nature; 2) even were they not medical or med~cal-related in nature Policy 1.13.1 precludes AQ~inistrative Approval of non-~edical and non-medical-related developme~t; and 3) eve~ if a literal interpretation of the LDE Policy 1.13.1 per~itted such Ad~inistrative Approval, it would be contrary to the whole underlying approach lead~ng to 1.13.1's very existence. I argue as follows: 1) Hospital cO~0ectir.g ccrrioors are ~edical o~ red~cal- related in Dature. Frankly, this seems obvious, bu~ since the Act~ng Principal Planner feels otr.er~ise I'd best p=ese~t some arguments. If a corrido= to con~ect ~wo ca2cer wa=ds so that doctors, nurses, and other s~pport staff, ca~ get from patients in one wing to patients ir. the othe= is~!~ medical-related develop- ment, then I honestly can't ~rr.agi~e wha~ would be. All the more so if the function of the cor=ldor is to transport medical patients fron o~e facility to ar.other. Furthermore, the State of Callfornia has determined that the connector corridors are subject to the Hospital Seismic Safety Act of 1983 (please see AttacTh~ent F), the purpose of which (as "'-______........._~_ '. f ~~ .~'i- ~ ~ . ...- ~~ f ~ ...... R~~~- _.21 City Council August 7, 1986 page 25 can be seen from the exce=pt appearing in Attachment G) is to establish strict building standards for hospitals in that they "house patier:ts vIno have less than the capacity of normally healthy persons to protect themselves" and "must be reasonably capable of providing services to the public after a disaster." If a portion of a buildlng through which such patients and such services are to be transported is not seen in light of the applicability of this law to be medical or medical- related, then that would be tantamount to saying that hospitals themselves are neither medical nor medical-related. A hospital connectir.g corridor constitutes med~cal-related development, and it is patently absurd to suggest to the contyary. ~ince ~~ 258 did not have the public hearir.gs required by Policy 1.13.1 for redical-related developffient, i~ was invalidly issued. 2) Eve~ ~ere the hosoita! ccr~ecti~a corridors ~ct red~cal or ~edical-related ir nat~re, Po' .; r".7 1 13 1 o....-">rl",...l.,,<:: 210'":1' n~ _<::- ..... -~y..: t t _ -.....Y Lo...........",.......- ..-............ --..---..,... trative AODroval of ron-~edical arc r.on-~edical-rela~ed develooment. Observing the underscored portions of the excerpts of LUS policy 1.13.1 appear:.r.g above, we see that "expa:lsior.s 0= existing hospital buildir.gs" are perm.i.tted only .. [f] ollo...".i::g City adoption of Specific Plans," .....hich has not yet occu~red and certainly had not occurred at ~he time of the ap?licat~on for AA 258. An exceptlon was made for med~cal or medical- related develop~ent, on the appare~t t~eory tr.at lt iliight be deleterious to the health care cOIT~unity if facil~tles expansion necessitated by medical reasons were d~layed due ~o the vagaries of the planning process. No such exception from the provlsions of the Policy's initial sentence is made for non-medical and non-medical-related development. Hence, if the Acting Principal Planner is , L"'~ ..---w oL ~ l.r ill /i ~;,W'",,~ ..;~~ MI?:'i - , I .,-- .---"",-- ~". -l , , City Council August 7, 1986 page 26 correct in her s~ggestion that &~ 258 as conditioned did not constitute medical development, she would be correct in stating that no public hearlngs we~e required, but only because no for~ of approval, Ad~instrative or otherwise, w~s permitted Drier to Citv adoDtien of ~~e gosnital Area Soecifi.. Plan. Thus, even under staff's interpretation of what is and isn't medical-related, AA 258 is seen to be invalid. 3) Even if a li~eral inte~D~etatior of the LUS Policy 1.13.1 ?e~~itted Adrinist~ative Approval of ~A 258, such an interpre- t~tion cont~ary to the whole underlvina aDnroach leading to 1.l3.1's very existe~ce. Observe that no Land Use Distric~ In the General ?la~ ot~er than the C? District fails to set forth standards of develop- ment. It is for that precise reason that Policy 1.13.1 intended that any developxent proceeding in advance of acoptio~ of the Specific Plan (which would establish those develop~en~ standards and fo~ which public hearings would be ~equirec) be subject to public hearing, so that members or the co~munity could present argu~ents as to what those future sta~dards of development should be, or for that matter would be likely to be. The inescapable co~clusion exists that no rational basis exists in support of the validity or A~ 258 insofar as compliance with the General Plan is concerned. Even if compliance with the General Plan were not a problem for AA 258, compliance with other portions of Section 2(e) clearly is. For one thing, no condition requiring review and approval by the Architectural Review Board was imposed, as is required by Section 2(e) (2). The Acting Principal Planner apparently responds that Architectural Review Board Guidelines imple- ~- _---=-~~ 7w ..i&lli~~.~,.~.~"""",,__, ..-Or ~ i ~.' -j ....:-.1:~;.. ; City Council August 7, 1986 page 27 mented pursuant to Santa Monica Municipal Code 5 9510 (which provides in relevant part that " . . . the Board. . ~ay . . authorize the building officer or other official to approve applications for building permits for minor or insignificant development of property which would not defeat the purposes and objectives of this chapter") exempted A...;' 258. She is blatantly incorrect in this assertion for two reasons. First, the current version of the Guidelines (the appropriate page of which is included as Attac~~ent L) indicate that the construction for AA 258 could not have been exempted frem Architectural Review since the site fell within the Review Districts created by section II but the project failed to fall within the 2000 square fopt limit established by Section III.A. (observe that the square footage count appearing on the application for AA 258, included as Attachrent H, is 2636) . Second, even if AA 258 were exe~pt from Architectural ~eview pursuant to the guidelines, the require~ent for Architectura: Review appearing in ~ 2(e) (2) of Ordinance 1321 specifically supersedes the portion of the Municipal Code (5 9510) which allows for such exemptions (please ~ote 5 6 of Ordina~ce 1321, stating in pertinent part that "[a]ny prov~sion of the ~u~i- cipal Code or ap?e~dices t~ereto inconsistent with the provi- sions of this ordinance, to the extent of such inconsiste~cies and no further, is hereby repealed or Modi=ied to that exteG~ necessary to effect the provisions of this ordinar.ce."). No matter what, ~~ 258 had to orovide ror Archltectural ~evie~ as a Condition of Approval, and its failure to do so re~ders it an invalid permit under Ordinance 1321. Having thus established the invalidity of k~ 258, the present existence of the connecting corridors for which development permission is sought is seen to be invalid. AS such, the ~-,,:.-=i:~~~""~~Jlli.....- i\t.~4-~ -. ~-....~ . ~ , .~;;~,~ City Council August 7, 1986 page 28 Councll may now properly co~side~ whether such constyuct~on should be perwitted. As outlined earlier, the Development Review may be approved only if it does not prejudice the development and ir.plemen- tation or the Specific Plan. There are several reasons why that conclusion cannot be reached at this time. First, the St. John's Master Plan does not env~sion this particular developrr.ent. As LUCE Policy 1.13.1 calls for the Specific Plan to be developed following the submisslon of the Hospital's Master Plans (which has already occurred), ttere lS no reason whatsoever to believe that the Specific Plan will permit suc~ development. Approval of DR 329 would prejudice the Specific Plan othe~wise and therefore is contrary to the language of 1.13.1. It should be further noted that a corrmon denominator of the two Hospital p~ojects which have been app~oved by the Planning COF~ission thus far since adoption or the LUCE has been a finding that it was consistent with the Master plan sucmitted by the appropriate Hospital (please see Finding 6 appearing on page 2 of the Statement 0= Official Action for DR 292, included as Attachment M; the other instance is DR 321, for which no Statement of Official Action is as yet available inasmuch as it was only approved last Monday night, August 4). Such a findlng obviously cannot be reached in th~s case, as it would be untrue. Second, the St. John's Master Plan itself actually identifies as one of its mandates: "Do not create a 'concrete jungle' " (on page 9.9). As adding concrete connecting corridors to concrete buildings will have precisely the opposite effect, approval of DR 329 will prejudice the ability of the City to implement this Master Plan goal in Specific Plan development. ~ - -..;. ..k.--__...~~.. "'W -*r-~<;~-<o-~]"..l.L II-~I~__-- i .~~~""'= - j City Council August 7, 1986 page 29 Third, during negotiations with St. John1s, the Mld-City nego- tiating team cor~unicated (in a letter to Thomas P. Pyne dated December 4, 1984) the impor~ance in the community's eye of providing view corridors between buildings. The communlty po doubt wishes to reserve the right to have this provision incorporated into the Specific Plan, but approval of DR 329 will clearly have a prejudicial effect on the community1s ability to do so at a later date. Fourth, there has been considerable discussion within the community that one of the most important aspects of the future Specific Plan will be a provision proscribing all Hospital development other than parking facilities until such ti~e as the Hospitals resolve permanently their respective neighbor- hood street parking deficits (which even St. John's concedes in its Master Plan to be enormous). Continued granting of permission for incremental development of the sort conterrplated by DR 329, which provides an extremely insignificant contribution to the resolution of the existing parking deficit and may in fact exacerbate it, would operate contrary to the implementation of such a likely Speclfic Plan policy. Fifth, a review of what can best be described as the "legis- lative historyll of the evolution of LOE Policy 1.13.1 leads to a conclusion that the only projects for which it intended adoption prior to the Specific Plan's enactment were those already being discussed at the time of the Policy's drafting (August, 1984). These projects included a Medical Office Buildlng develop~ent for each Hospital and a parking structure for Santa Monica Hospital. No connector corridor projects we=e envisioned, and hence none were intended to fall into the site review category established by the last two sentences of the Policy. ~ . . . ......;~d......~~...;-~~~~.JlWf.h.-~ -".P!. _. ~i7 . ~ .k~ I j City Council August 7, 1986 page 30 In light of all of the above, it is genuinely impossible to make the finding of non-prejudice to the development a~d iwplementation of the Hospital Specific Plan required by the Land Use Element, and DR 329 must be correspondingly de~ied. ISSUE 4: PUBLIC POLICY Is approval of DR 329 at this time proper in view of the behavior of the project applicant? My inclination at the moment is to respond with an over- whelming no. The facts already outlined speak for themselves in this re- gard, but for the Council's convenience, let me reiterate and su~.arize t~em all in one place. The applicant concealed t~e fact that the structure for which permission was being soug~t to b~ild already existed, both in the application to tte City itself and in its representative's initial public testirr.ony before the Planning Commission. The applicant concealed fro~ a team of community develop~ent negotiators the filing of an application for a major con- struction project last fall despite the fact that it was then meeti~g with the negotiating tea~ on a weekly basis for the express purpose of renegotiating, to the comnunity's detri- ment, an already agreed-upon Master Plan. The applicant then concealed from the community representatives the undertaki~g of that construction project. The applica~t then filed three major Development Review appli- cations for projec~s involving the demolition or otherwise removal of over two dozen units of neighborhood housing as __ ~.;'otI",,--~~=-4:.-;..G..::'" ........._--~-"l'r.- -~ . , ,...a City Council August 7, 1986 page 31 well as the instant project without first informing the community leaders. The applicant then failed to notify community leaders of ~te pending hearings on these projects until less than a week before they were scheduled to be taken up by the Planning Commission. The applicant's representative then hornswoggled one corrmunity representative (specifically me) into both supporting the instant application and speaking favorably on be~alf of the applicant at a maJor plan~ing workshop by providing false and misleading information w~th regard to the history or the application. The applicar;t offers no expla~ation for submitting connector corridor plans identifying ce.:-tain spaces as "Open Office Area" to the City last Nove>nber, being told that no portions of the facility could be used for office purposes without Planning Co~~issio~ review of the project, and then waiting until after co~str~ctio~ of the corridors ~as cOMcleted before seeking such Planning Corr~ission =evie~. If, under these circumsta~ces, you can approve this project in light of all the other quest~ons ~aised regarding its legiti- macy, than you are more unde~standlng than I. ISSUE 5: Sv:?ICISNCY 0: CO~~ISSION ACTION Were the Findings and Cond~~ions adopted by the Planning Commission, whateve~ they may have been, sufficient for the purposes of approval of DR 329, pa~ticularly in the areas of parking provision? This is a real obvious no. -+-'.~ ___~~'Wo.-I~~:IIl._iJ.~ . ~"'~if Ii-- ..:~. . 4 City COl;ncil August 7, 1986 page 32 As previously analyzed in Issue 1, it is hard to know where one should look to find evidence of the Commission's actlon, which is why the appeal is most app~opriately stayed untll such time as the Planning COIT~ission is able to articulate 1LS Findings and Conditions. Certainly the draft Statement of Action is inadequate to the extent that it fails to make the findings required by LUE Policy 1.13.1 (non-prejudice to the developroent and implementation of the Specific Plan and non- adversity of effect upon surrounding neighborhoods), ins~ead making a rather vague finding of non-prejudice to the ado?tio~ of the Hospital Specific Plan with no supportive evidence 0= reasoning clted (supportive evidence or reasoning is seen to be necessary by the holding in Broadway. Laguna. Valle~Q ~ssr~ v. Soard of PerTi~ A??eals of City and County of Sa~ F=2~C~$~J. 427 p.2d 810, 59 Cal. Rptr. 146, 66 Cal. 2d 767). Additionally, as the appellant rightly points out, the par~i~g Condition of Approval (appearing in the draft State~ent of Official Action as Speclal Condit~on 2) is woef~lly i~ace- quate. Not only lS the stated condition not a g~a~~atica~ly correct sentence, at least not in the English la~g~age, rendering it somewhat arrbiguous in meaning, but also it fails to carry out certain rrandates of the existing zoning cede (fo= which I believe staff is ~o~e properly to bla~e than the Commission) . It appears to suggest that three parking s?aces leased OFF- site will be adequate for the DR 329 project. Looking ~o t2e relevant Municipal Code sections, ~ 9129F1.B esser.~ial~y requires that one space be required for every thr~e hundred square feet of Adjusted Floor Area. ~ 9102 states that "Adjusted Floor Area is the net floor space in a struct.ure and shall include . . . interior . . . hallways and corridors and the like . "Combined with the 2572 square feet identified as being the Floor Area to be added in the DR 329 -~--- ","'\ill'" ~ f~-U--~ -L~ a.L.............. .-.. . , . ":!. ~ ~: j, --- ~...,.- :m..s- ~_ City Cou!1cil August 7, 1986 page 33 application (Attachment J) we arrive at a total need for nine spaces. Furt~eYmore, from 5 9129A we see that the parking cannot be located off-site without restriction, as the draft Special Condition 2 appears to contemplate. "The minimum number of off-street parking spaces required for use of a lot or bU1I- ding site . . . shall be located on said lot or bUllding site, or may be located off of said lot or building site, provided (1) the oropertv on which oarkir.a soaces are Dyovided is owrec - - ~ -- in tee by the owney-in-fee of the lot or buildina site ~hich is $vbject to the ~9r<ing s~ace re~uiYe~ents. and (2) $~id property is located withir. 1.000 feet of the peri~eter Q= tte lot Qr bvi1ding site ?r.o co~~erces within 300 feet of $~id perimeter." Legal arguments aside, in view 0= the enorffiOUS ?aY~l~g deficit already acknowledged in the St. John1s Hos?ital ayea and in light of the past failure of off-site parking arra~gerer.~s by area hospitals (please see pOlnt 2 on page three of Paula Carabelli's April 24, 1984 Status Report to the Plannir.g Commission, included as Attachment N and noting aba!1donment 0= 120 off-site leased spaces by Santa Monica Hos?ital due ~o employee non-usage), this condition is, as the ap?ella~t points out, clearly inadequate. A more appropriate condition would have been to ma~date the provision of nine spaces to be leased in the Held ?aYki~g Structure, located on the Hospital campus on land ow~ed by the Hospital. CONCLUSIONS AND RECO~~lENDATIONS Based upon the foregoing I respectfully request that the Clty Council i>-__---' /I.. .. ..~ :~ ~.-~~..!ll'IIi[;i.f-v-~~.~-- ~ . -' . ,-~ ~~ , . City Council August. 7, 1986 page 34 1) Stay the appeal of DR 329 pending legitl~ate Planning Cox~~ssion adoption of a State~ent of Official Action. Or, as a slig~tly less acceptable alternative, 2) Remand the appeal of DR 329 to the Planning Commission for rehea~ing, with the following directions: a) The Commission is to reevaluate the project following receipt of a staff report which includes a detailed history of the project, including documentation demonstrating how its present existence ca~e to be; b) The Commission is to evaluate the project to see if a finding of non-prejudice to the develop~ent and implementation of the Hospital Specific Pla~ can be made as well as a finding of non-adverse effect upon s~rrounding neighborhoods, and, if so, to artic~~ate its flndings; c} The Co~mission is to evaluate the project or. the assuITption that the permit issued for &~ 258 does not in fact grant the applicant a legitiwate entitle~ent to use and construction of the existing corridor; d) In approving or denying the project the COITDission lS to adopt findings and conditions consistent with its action and with the reality that the present improve- ments do exist, unless the Commission deterilllnes that they in fact do not exist; e) In approving or denying the project the Cowmission shall adopt its findings, and, if appropriate, con- ditions, by a substantive vote; and f) In reevaluating the project the Co~~ission shall pay particular attention to the parking requirements of the Municipal Code. .~- . """"",,,-~~"'~i,___-:-:-~~~~--j City Council August 7, 1986 page 35 Or, as a considerably less acceptable alternative; 3) Sustain the appeal and deny the applicatio~ for DR 329, on grounds or lnability to make the findings required by Policy 1.13.1 regarding developwent and impleme~tation of the forthcorring Spec~fic Plans; or on grou~ds of nis- leading, untruthful, impyoper, and otherwise disdain~ul conduct by the applicant; or on grounds that the appli- cation as submitted does not properly seek abandonment of the single condition imposed by AA 258 and ~ay the=efore be refiled if properly constructed; or by virtue of any corrbination of the above. Finally, I wo~ld respectfully request that the Council direct ?lann.:..ng staff 1) To include comp~ete backgrour.d histories of all relevant applications in project staff reports; 2) Not to O~lt details fron staff reports such as whether or no~ a project be~ng cons~dered has already been b~ilt; 3} Not to approve any proJects in the CP zone ministerially unt~~ after adoption of the Specific Plan, but instead to resuire P~anGing Commission review; 4) To rescind ~~ 258; 5) To include rad~us-of-notification waps in all staff reports; 6) Not to place ite~s which require public hearings on the Pla~~i~g Co~~ission Consent Calendar; and ~_.... '"'-'- .:;..;;.....-........~.~~~"""""~~-:w .- _ - t ----........-.1:~ City Council August 7, 1986 page 36 7) To require Architectural Review of all Sectlon 2(e) items approved pursuant to Ordinance 1321. Sincerely, [Ulj 1lU(' , William F. Weingarden ...~!:.- -~ ~ --.E'=-- --- ______ ___-___ -I'~~ o..A.~T ~-~.:"~~J:;,-&L.:::1II-T ~ .-_..,~~___---L-:-~_ ~TTt1(JtmdVT It STATEME~T OF OFFICIAL ACTION PROJECT NUI-IBER: DR 329 LOCATIO~: 1328 22nd Street APPLICA~T: St. John's HospLtal and Eealth Cente~ REQUEST: Addltlon of a 2,572 sq. ft. Connector BU11dlng to JOln the EXlstlng West W~ng and South Wlng at St. John's Hospltal anG Health Center PLfu~~IKG COMMISSIO~ ACTION 7-7-86 Date. x Approved based on t11e follo'vlng flndl:lgs ar:.ct subject to the cond~tlons below. Dernee. Other. FINDINGS 1. The development lS conSls~eii<:' Wl. tr. the f::..r.dl ;'.:::S pose of Ord~nance 132l as set forth below. Cl.1~- .... 2.:1':' 2. The physlcal locatlon and placeme~t of proposed st~uctures on the slte are compatlble wlth and relate har~onlously to surroundlng sltes and ne~ghborhoods 1n tha~ the 2,572 sq. ft. connector/walkway w1ll be lccated completely wlthln St. John's Hosp1tal and Medlcal Ce~ter ca~pus and wlll be deslgned to be conpatlble wlth eXlstlDg ca~pus bu::..lclngs. 3. 'The eXlstlng and/or proposed :"lghts-of-wz.y and ::acJ.l::..tl=:;S for both pedestrlan and automOGl1e trafflC -,.nll be ade- quate to accomI;loda te the ant..lC lpa ted res~l ts of t:-:e pl""O- posed development lncluclng off-street park~,-s faCllltles and access thereto ln that three par'<l..ng places wlll be leased off Sl.te. 4. The eX1stlng and/or proposed publlC and/or prl.vate health and safety facl1ltles (lncludlng, but not Ilmlted to, sanltatlon, sewers, storm dralns, flre protectlon devices, protectl.ve serVlces, and publlC utl1ltl.es) Wl.11 be ade- quate to accommodate the anticipated result.s of the pro- posed development. 1 __...~~ .....s--..c.~~..!II1 A'" -"'\Al! ~1S CoG ~ 1 , ~ _ 8~.~~ ~A~~j ITrffK IT mtJJf 4 5. The proposed development lS conslstent wl-:.h the General Plan of the Clty of Santa Monlca and the Zonlng OrGlnanCe In that the proJect wlll not preJudlce the adoptlon of th~ P.OSpl tal Speclflc Plan speclfled In the Land Use Element of the Gene:-al Plan and con forms to the appropr 1a te CP standards conta1ned 1n the Zonlng Ord1nance SPECIAL CONDITIONS 1. The Archltectural ReVlew Board, 1n the1r reVl8W, shall partlcular attentlon to the scale and art~c~lat1on deslgn elements, exterlor colors, textures, materlcls w1ndow treatrrent to lnsure lts compatlblllty w1-:.h the lst~ng hosp1tal bU1ld1ngs. pay of and ex- 2. Three park~ng spaces shall be prov1ded for th1S new addl- t10n wlll be leased off slte. STANDARD COKDITIO~S 1. MlDor ar.endffients to the plans shall be subJect to approval by the Dlrector of Plannlng. An lncrease of more than 10% of the square footage or a s~gnlflcant change l~ the ap- proved concept shall be sub J ect to Plannlng COIT..:i11SS10n ReVlew. Construction shall be In substantlal confor~ance W1 th the plans SUb!Tl1 t ted Or as rr'OCl. fJ.. ed by the Plannlng CO~~lsslon, Archltectural Revlew Board or Dlrec~o::- of Planrllng. 2. The r1ghts gra~ted hereln shall be effectl '.Ie only 'N'len exe:rclSec. w:. trnn a pen.od of one yea::- f:!:"o;r- t0e effectl ve date of approvcl. upon the wrLtten request of the a?pll- cant, the Sl:cec-:.or of Plannlng ray extend th~s pe::::-loc up to an addlLlonal 51X rnontts. 3. The appll.cant shall corrply ,.nth all legal req:ll::-err,e"lts regardlng prOV1S1ons for t..he d1sabled, lnclud:..ng those set forth 1.n tl-..e Cal1torrua Adrnrllst::-atlve Code, T.l.tle 24, Part 2. 4. Refuse are2.S, be screer.ed Refuse areas need. storage areas 1:1 accordance shall be of a and ~echanlcal eq~lpment shall w1th Sec. 9127J.2-4 (SYMC). Slze adequate to ~eet cn-slte 5. ThlS deter~lnaLlcn shall not become erfect1ve for a perlod of twenty days fror. the daLe of determlnatlon or, 1f ap- pealed, ur.t:l a flnal deteru1natlon lS made on the appeal. - 2 - -"-... ~-~~*~ --If" - ~-..IE<-_....a.r,;Utilr.;-"""'ii -, 1 -~---~ ATTA C (1 rnuJr ~ VOTE Ayes: Nays: Abstaln: Absent: Farlvar, Hebald-Heyuann, Israel, Perl~ar Hecht, Klrshner, Shearer I hereby certlfy that thlS Statement of accurately reflects the flnal determlnation COrnrnQssion of the City of Santa Monica. Qff1C1al Actlon of the Plannlng slgna~ure Q'--o c.,-~ prlnt nallie and tltle KR:nh Sl'DR329 07/24/86 - 3 - ;-~~ ! -..... .....--"~-..._.....--.:~l~~ ~-~ I-~~-.a- To!JJ.:"-'1~:owj:::.....c~"-"-~"'''- ~.~ . J ~ TfA cKrnfrVT - B Willia~ F. Welrgarden 1234 Seventeenth Street San~a ~on1caf CA 90404 August I, 1986 Suzarlne Frick Acting Principal Planner Santa ~onica City nail 1685 Main Street Santa Monica, CA 90401 Dear rv1s. Frick: Please be advised that after considerable reflection and some legal research I have come to t~e conclusion that, despite the presen~e or so~e appearances to ~he contrary, the Planning CO~ulssion falled ~o adopt valldly a Statenent of Official Action fo~ DR 329 las~ Monday nig~t, ~~gust 4. I accord~ngly therefore inplore you not to include any such Statexe~~ in tr.e Councilmerbers' packets (slated for distribu- ~l'~n ~o~~y) -r.n ~o~ ~o ~~o~~so~r l'n tn~ staFT reDo~t o~ tno <- v L. '-"'- c: .~. ". ~ L. . - ~_ - ~ ~_. - . !.~ . - - _ - ..: ~ DR 329 a??ea~ t~a~ sucn a s~a~ese~t was aoopted. Additionally, I respectfully req~est that staff ad~inistraLlvely continue t~e corresponding appeal tearing presen~ly scheduled for next Tuesday evening unt~l suc~ tlme in the future as the Pl . ,.... . ,. ~ . dl d ~ d ~ . f t' annlng ~c~n~ss~on nas vaLl y a cpL.e a staL.eGen~ 0 ne action which it has taken on this p~oject, so that the Councll may have in its pcsseSSlon a recorc of such action at the time it considers the rratter. Following a su~~ary of the relevant facts I wlll offer several arguments In sup?ort of MY contention that the Statement of Official Ac~ion has yet to be va:idly aco9ted. S ll:.~Y.::":s. y (!~ v_ ~;-',CTS On July 7, 1986, ~he Plann~ng Cc~mlssion approved DR 329 on a four-three vote (Co~~lssiorers Israel, Perlman, Farivar, and Hebald-HeYToar~ a?prOvlng; Conmissioners Hecht, Kirshner, and Shearer opposing) with a direc~lon to staff to make several explicit revisions to the suggested Findings and Conditions appearing ln tha~ night's staff report and to return them for adoption by the Comwission at a subsequent meeting. ~ 'j . -o'~ ~ -j ~,:y~~~",~--*-, '" :r;: ill*" ~~. -~~~ ,;;..-... ....;::&3.;. :'i-::.~~. .;........-~--Jl.__..6-L t' Suzanne Frlck August 7, 1986 page 2 I1TrA-crif1lLJUT b Staff returned a set of Findings and Conditions fo~ the Co~- mission's review last Monday night, August 4. Commissioners Hecht and Farivar were absent, and durlng the time intervenlng since July 7, Cowmissione~ Hebald-Hey~ann had been replaced by newly-appointed Co~missior;er Burns. The Findings and Condltions drafted by staff a~d appea=ing on the August 4 Consent Calenda~ neither ca~ried out the Com- mission1s explicit directions regarding revisions nor reflected their actual decision, based upon the substance of their dis- cussion immediately following the July 7 public hearing (please see my attached letter to the Planning Commission dated August 4, paying special attention to the second and third parag~aphs appearing on page two thereof) . Following the Corr~ission's receipt of a letter by this author, Co~missioner Shearer renoved the Adontion of the Statement of Official Action from the Consent Cale~dar, stating that he was doing so because it did not reflect the COITmissionts apparent asseSSDent on July 7 that the subject connector corridors had already been built. COT~issioner Perl~an sugges~ed that tenses of certain verbs in various of the 2indings and Co~ditiors be altered to reflect this reality. Conrr-issioner Is~ael then made remarks to the effect that, although errors may have been made a~ the July 7 meeting, the Staterent of Offic~2~ Ac~ion should duplicate such errors. Comrrissioner Shearer suggested ttat it would be acceF~able to h~m to adont the Drcoosed Stateme~t of Offlcial Action provlded that the Co~n~ssion d~rected that wV co~ments were to be forwarded to the City Council along-with it. Con~issioner Israel fo~nd this unacceptable, belleving that it would i~part some sort of official Conmission im?ri~atur to QY allegations that tte Staterr.ent of O=ficial Actlon was defective. Followina an off-the-cuff ooinion bv Deoutv Clty Attornev Horne that adcPtlon of a Staterrent of Official Action was no~ a substantive actlO~ and therefore did not require a ~aJority vote of the full COT~ission, COilmissioner Israel offered a motion, seconded bv CO~~lss~or.er ?er~ITan, to adopt the staff- drafted State~ent.- T~e mo~ion falled on a two-three vote (Co~missioner~ Israel and ?erlman voting yes; Comn1ssioners Burns, Shearer, and Kirshner vot~ng no). The CO~~lSSlon then proceeded to the next item on ltS age~da. Immediately after the conclusion of Item 7-A, Commissioner Burns offered a motion to reconsider her vote on "Item Six." Corrrr:tissioner Israel then pror'1pted her to say "6-C, " although my recollection is that she in fact never quite corrected herself, " ...,,;;.~ ~ ~~ - . -~~-~ ~...-- . , . ....~ j . ~1II wwi: ~- ~~ ,,~ -'~f!I Suzanne Frlck August 7, 1986 page 3 /rTTftLftfl7f:JJT f3 lf that was legitlmately her intent~on. Com~issioner Perlman seconded, and wlthout any discussion, the COffiffilsslon voted three-two In favor of reconsideration. Com~iss~oner Israel i~mediately moved adoption of Iten 6-C, and Commissloner Perl~an again seconded. The roll was called without discussion. Arter some hesitation bv Corr~issloner Burns (who had voted unequlvocally during the roll callan Iter. 6-C earlier in the evening), Commlssioner Israel prompted her by saying the word "yes." She im.'11ed1ately voted yes, as did Commissioners Israel and Perlman; Commissioners Shearer and Kirshner voted no. The above circumsta~ces do not constitute an Adoption of a Statement of Official Action, for each and every of the following reasons: REASON~' $UBSTAN?IVEN~S~ Contrary to Mr. Ho=ne's opinion, the adoD~lon of t~e Statement of Official Action under these ci~cuxstances is substantive, meaning that Commissione~ Israel's second ~otion to acopt failed to neet the voting standard for passage lmposed by ~ule 2 of Resolution Nurrber 85-001, the Rules of O~de~ and Procedure for the conduct of Planning Co~mission meetings. The per.ding matter, specifically, adoption of the Sta~e8ent of Offlcial Action, was therefo~e dee~ed auto~atically denied. Although it seems to me obvious on its face tha~ adcptlon of Staterrents of Official Actlon is a substa~tive ratter, I shall offer several argur.ents, legal and logical, to counte~ Mr. Horne's claims to the contrary. Section 4(c) of Ordinance 1321 (CCS) prOVlces In relevan~ part, with e~phasis mipe, that "[i}n approvlng, conditionally approving, or disapproving of an application, the Planni~g Comrnission .. .. .. shall make \v"ri tten flndings of fac~ . . _ II Additionally, Section 4(b) provldes that following Co~mlssion conditional acproval of an aco1ication, "r~l~~tte~ notlce of such decision: i~cludinq fird~ras of f~ct i~ S~Dcor~ 0: SU~ decisio~, shall be provided to the appllcant arod 2??ropriate city officials." Controlling authority exists in California deeming the promul- gation of such written findlngs of fact--and consequently in this case the adoption of the Statement of Offlcial Action--to be a substantive matter. "The presumption that an adminis- trative agency's rulings rest on the necessary findings and that such findings are supported by substantial evidence does not apply to 9gencies which must ex~~esslv state their flndinas ; -~ -i ......--."....,........_~~...IIIM .':..=--:."':':~-4~~:rJOl.:"1';.. -~ ":11~~~ ~...~~:P;~~lJ j Suzanne Frick August 7, 1986 page 4 ArfffLH !V(tNi f;, and f1ust set forth the relevant suonort i ve fact s." Broac'.4av, Laouna, Vallejo Ass'n v. Boa~d of Permlt Appeals of City and Cou~tv of S~n Fr~r.cisco, 427 P.2d 810, 59 Cal. Rptr. 146, 66 Cal.2d 767 (er.phasls mlne) . Further~ore, the decision in PQranount Roc< CQ, v, San Diego Countvr 15 Cal. Rptr. 7, 194 Cal. App. 2d 409, clearly identifies actions such as last Monday's as the adop~ion of Findings of Fact (as opposed to some sort of procedural ratification of findings which had already been adopted) . Pattersor v. Central Coast Regional Coastal Zo~e Conservation Commlssion, 130 Cal. Rptr. 169, 58 Cal. App. 3d 833, holds that the adoption of findings requires the same voting standard as permit approvalr in this instanccr four votes. This standard clearly was not met, and so the Findlngs of Fact, and conse- ~Jently the Staterrent of Official Action, were not adopted. Lest it be clai~ed that Mor.dav's action did not sowehow contem- plate actual adoption of Fir.dings of Factr perililt me to point ou~ that tne motion to_approve DR 329 last July 7 specizlcally directed staff to p=epare Findings and Conditions and to re~urn them to the Commission for ado?tion. Frcm P~~te=$or ~e see that such adoptlon did not occur. Legal arguments asider as a strictly logical matter i~ can be seen that it is ludicrous to pe~Ti~ State~ents of Actio~ to be adopted with less than a substa~tive vote. Consider the fol- lowing hypothetical situation: Suppose a project had bee~ dee~ed approved by a fo~r-~hree vote and that two of the approvlng Co~nissioners were abse~t from the reeeting at which adoption of a State~ent of Offic~al Action was to be considered. If a vote of fewer than four Corr~issio~e=s were required to adopt a StateMent of Official Action, it would be perfectly possible that the three dissenting Cc;missio~e=s could collectively ~uster the votes for a StateTent reflecting denial by outvoting the only two project pro?onents present. Under Rule 6 of Resolution Number 85-001 (incorporatlng Rule 12{g) of Resolution Nu~ber 7212 (CCS) by reference), it would more than likelv be a vear before a State~ent of Offlc~al Action reflectlng the actual project a?proval be adopted. T~lS of course could occur after the appeals per~od to the Cou~cll (which runs from the original declsio~ da~e) had ex?ired, meaning that the project applicar.t would be effectively delayed for one year from getting Architectu=al Review, Building Per- mits, etc. bv the variety of City officials receivlng erroneous wrltten notices of decisions per-Ordinance 1321 Sectlon 4(b). Although the situatlon described in the preceeding paragraph is no doubt sufficiently ridiculous to illustrate the senselessness of approaching the adoption of Statements of Offlcial Action as r_--';'-t;.. ...-.....~-..,,~Mfwll'{ .~.~-'~...~~~.~--- . , .-~-^ J " Suzanne Frick August 7, 1986 page 5 ~TTft eft IliAIT p being non-substantive, the legal arguments cited previously are manifest, ard the conclusion is lnescapable that no Statement of Official Action for DR 329 was adopted, even upon reconsidera- tion, last Monday night. REASCN 2: I~NA~IDITY OF NEW CO~~ISSION3Rrs VOTE As pointed out in my attached August 4 letter to the Co~~ission, Co~~issioner Burns, who had not attended the July 7 meeting, had not listened to the Public Hearing, and had neither observed nor audlted the Co~~ission's deliberations and actions that evening, was not in the remotest position to sit in judgment on the accuracy of the draft Statement of Official Action as a reflectlon of the events actually transpiring on July 7. Since Statements of Official Action must by necessity confor~ to reality (this should be manifest, although case law certainly exists to support it), Commissioner Burns had no way of knowing wnat the "reality" of the matter was, and any votes whlch she may have cast (other than abstentions) on motio~s to adopt such statements were improper. ~ The impropriety and invalidity of such votes by non-presen~ COIT~issioners is i~plicit in the P9~ar.o~pt Ro~k decision, cited above. Additionally, past action by COITmissioners is lndicative in this regard, incl~ding action as recently as earlier in the meeting last Monday night with respect to the itens appearing as 5-A and 5-3 on the agenda. Even were the matter of adootion of the Statement of Official Action pan-substantive, the- invalidity of Commissioner 3urns's vote renders the vote tally on either of the two motions to adopt a two-two tie, which ~nder Rule 6 of Resolution Nu~ber 85- 001 (incorporating by reference Rule 22 of Resolution Number 7212 (CCS)) represents a lost motion. By this line of rea- sonina, it is aaain seen that no State~ent of Offlcial Action was adopted. oJ BEASON 3. IPCC~PETE~C~ OF NSW CO~~IS$IO~3~'S VOT~ Even we=e it proper for Co~~issioner Burns to vote on a State- ment of Official Action regardlng a meeting which she had not attended, she was quite clearly incapable of doing so in a competent fashion last Honday evening. Despite voting "no" unequivocally when the question was flrst called, she later appeared to request that her vote be reconsidered, offering no reason for so doing. Upon reconsideratlon, she hesitated during the roll call and voted only after belng prompted how to vote by Commissioner Israel. _~L_-j;~",~"';':.---"j~_~~"" ! ~ - . f.o;;.<.=-:.1 .... ---. - ~~-<v-='-~ ~ >~;i. , , Suzanne F~ick August 7, 1986 page 6 ~ rrr1CJt Il7tNr g My conclusion is that she didn1t have the slightest idea what she was votlrg on either ti~e the question was called. As suc~, her vote canno~ be regarded seriously and should not be tallied, resulting in a tie vote and a failure to adopt via the reasoning at the conclusion of the previous section. Perhaps the Council will be more ca~eful with its appointments next time around. REASON 4: INVALIDITY OF MOTION TO RECO~SIDSR Even if Cow~issioner Burns's vote and the voting staDdard were sufficiently legiti~ate the second time the question was called, the motion to reconslder the question was invalld, meaning that the original two-three failure or the Motion to adopt the Statement of Official Action is the prevailing resolution or the matter as of the present tlwe. The motion to reconsider was invalid with respect to item 6-C for several reasons. First, COIT~issioner Burns actually moved to reconsider her vote on Item 6, not Item 6-C. Althouah COT~lssioner Israel inter- jected "6-C" as she VIas stating her motion, his re:narks ......ere out of order and he was incapable of making a ITotion to reconsider the vote since he had not been on the prevailing side of ~he vote (Rule 6 or Resolution N~rr~er 85-001, incorporating by reference Rules 12(c) and 12{g) of Resolution Nurr~er 7212 (CCS) respectively). The vote taken therefore was one to reconsider Ite~ 6, which was adoption of the Consent Calerda~. Com- m~ssioner Israel's i~mediately subsequent ITotion ~o adopt Iten 6-C was therefore out of order, or, alternatively, CCnMlssioner Burns's casting or a vote otner than that which she cast earlier in the evening represented a violation of Rule 23 or Resolution Number 7212 (CCS) (incorporated by refere~ce by Rule 6 of Resolution Number 85-001). Either interpretatlon inval1dates the results of the second calling of the ques~ion and lets stand the results obtained earlier in the evenlng, namely, a failure to adopt the Stater-ent of Officlal Action. Even if the motion to reconsider had been regarding Iten 6-C, it failed for lack of four votes, since a motion to reconsider is itself a substantive motion. This seems clear due to the General Co~~ent which precedes Resolution Number 85-001, stating that "for purposes of consistency, clarity and con.;..enience, these rules are patterned after the City Council Rules of Order and Procedure, and in fact incorporate major sections thereof by reference." Rule 12(g) regarding motions to reconsider is one such section directly incorporated into the Plann~ng Commission rules, and the motion to reconsider procedure set forth therein is in turn governed by the clause conta~ned in Rule 2 to the effect that "[e]xcept as otherwise provided in the ~ -, " -__~___q.ji("~.".?'~ ..,;"11, _<tt-iliii.o;;" 'c.E~j Suzanne FricI( August 7, 1986 page 7 It TTfJCJfW T fS Charter, or by law, action taken by the City Counc~l shall be taken by a majority vote of the entire me~bership of the Clty Council." Ironically, one of the Commissione~s berefiting from the bogus reconslderation clearly agrees with me that reconsideration is a substantive matter. Kindly observe that portion of the proposed Rules for Reconsideration appearing in Commissioner Israel's July 30 letter to Ann Slracusa, suggesting that "[a] ~otion to reconsider is substantive, and hence requires four votes to carry." Since the reconsideration motion failed by virtue of not reaching a substantive vote standard, the or~ginal vote on Ite~ 6-C was not properly reconsidered, and, by the reaso~ing a?- pearing above, no Statement of Official Action was adopted. CO~CLVSIONS AND RSCO~~E~DATIO~ Under any or a~l of a variety of theories outlined above, the ?la~~inG CO~li~ssion has failed to adoot a Statement of Official Action on DK 329. It therefore seems~ appropriate that you not include the draft considered by the Conmission last Eonday in the Co~ncilrs packets for Dex~ Tuesday. Additionally, the . - - ., ~ 32 ' 1 d 1 1 . , . s~arr report on tne ap?ea~ or DR 9 snou~ c ear y l~alca~e that no S~atelent of Official Action has been adopted. Las~ly, it see~s loglca~ that the hearlng on the appeal of DR 329 be adlinis~rative~v cO~~lnued ur.til such time as a State~ent of 0_-. . 1 A -1...' . , ., . :::=lCla_ 'C-c2.or: .r:.as Deer!. adoptea so that tne COUDCl.l ray have In f "'- -.. , .. . -, d" h , ron~ or l~ a c~ear lDOlcatlon or wnat eC1Slon t.e P~annl~g COTh~isslon reached last July. Ve~y Co~dially Yours, ,~~L~ ~ 1;ei(Qc ~"!' ,...,..--~ '" ~ - , .~ - 0 - ~ ....~ i~____01 ~~~ j """"~~ --=- do.&. ~~-~*o;t ,~ ~ ~~L" f'" AiW.ilt~"" frriftC H!fI{juJ C william F. Weingarden 1234 Seventeenth Street Santa Monica, CA 90404 August 4, 1986 The Honorable PlannlDg COTh~ission Santa Monica City Hall 1685 Main Street- Santa Monica, CA 90401 Dea~ Co~missione=s: I offer this as an individual for the Commission's consideration in its prospectlve adoption of the Statement of Official Action for DR 329, appearing on tonight's agenda as Item 6C. I do DOL herein take issue with the wisdom of the action which the Cor.risslon has already taken with respect to this particular project, merely wit~ whether the draft Staterrent of Official Action is tr~ly reflective 0= the action which was taken. I respectfully suggest ttat it is r.ot. It was ~? d~Stl~ct ~ndersta~d~na tha~ those Comrissiorers voti~g on July 7 to approve this project did so in the belief that co~structio~ 0= the exterior of tne connector buildina in q~estion had already been co~pleted, following testimony to that effect from staff as well as from members of the public during the course of the public hearing. If my understandlng is in fact correct, then the Corr~issioners $Dould adoDt a fi~ding to t~2t effect and eli~inate language appearing in any of the otney p~oposed find~~gs and conditio~s WhlCh may be inconsistent with that belief. :INJ:!:t-;G 2 One suc~ lnco~siste~cy appears ir Fir.dir.g 2, WhlCh in lts p~esent forw states tha~ the "connector/walkway wlll O~ located . . . and will be deslg:1ed . . . " (emphasis m1Pe), expressly iwplying that it does not yet exist, contrary to what appeared t~ be the Commission majorlty's determination four weeks ago. Ir the CO~illission wishes this flnding to conform with the decision whic:-t ~t actually reached, these two "will be"s should be replaced fo"/ith "is" and "has been" respectively. J ~ .ik.--.J"b ~-":'l.L_ -..a-d.- -'~. ~~.~...-~~---.... ~._. , _.-~'--j ,:'...> ~, . . . ~ rff)Ol mE-NT C planning Co%~ission August 4, 1986 page 2 Additionally, I respectfully point out that this finding con- fuses the na~es of the City's two hospitals, and ttere~ore, for the sake of clarity, the Corrunission should change "St. John's Hospital and Hedical Center" to the institution's actual f'arne, "St.. John's Hospital and Health Center." FIND!NG 5 Here staff has failed to implement properly the direction, WhlCh the Corrmission included lD its motion to approve thlS project, to modify the language appearing in the original staff report. Although staff has succeeded insofar as addi~g a reference to a flnding of non-prejudice of the adoption of the Hospital Specific Plan is concerned, it is ~y distinct recollection that the Co~mission articulated a reason for reaching that finding. Such reason should be included in the Statement of Official Action. If my mexory serves me well, the Corrmlssion adop~ed a reason for making thls findi~g WhlCh I had sGggesLed dur~~g my i~itial three minutes of testiTony. T~ose Connlsslo~ers wno voted for -p~~oval o~ ~~~ oro~~~~ s~ould a~d ~~~- re~~o~ ~o ~in~lng 5 c. ..t:::- ..!... L..~....__ "'" -, .Jc-,'- .i._ - ~ ';.Jo.;__,:) ,_ _.::J ".. L.. ... '-'---.. berore ap9rovlng t~e S~ateme~t or O=tlc~al Actlon. In any event, it is IGd~crcus O~ ~ts face to ~a~e s~ch a f~~di~q without offering at leas~ seT2 sc=~ 0= reason fer coing so, ana the COIT~ission should re7edy th~s si~~a~io~ prior to adopt.~on of the proposed State~er.t. S?~C=AL CC~DI?IO~ 1 As Dresentlv worded, this cond~tion, li~e oroDosed Findlng 2, belles the Co~miss1onls apparenc celief on- July 7 that the exterior or the walk~av/corrido~ hac a:readv been constructed. It certainly Ma~es no se~se wha~soever ~o instruct the A-~ to reVlew the exterior desig~ ele~e~~s and fea~ures or a builclng improverent WhlCh already eXlsts. AdditiOf'2.l1v, the rtIo::-c. "e:1S1..:re" :.s ::l~sspe~::'ed, and geod grarrI'1ar dictates that it oe fo:'loy.ied by tr..e ',v'ord "tr..e:.r" a:-.d not liltS". i -'--~~ ~-- ~1 ~ Ilk _ _~. .~ ~[.f ~ ... "": -,..~ << - ,~'< ~1 .. --=-. ~~':'~~~.~~.~.~ ~I It rrftlH f!fJIj ( c Plann1nc Co~~ission August 4, 1986 page 3 SPEC~AL CONDITION 2 This is not a gra~atically correct sentence, a~ least no~ in the Engllsh language, and the Commission's i0tent in irr.posing this condition is therefore a~biguous. Altho~gh this flub typifies the low quality of staff work which has attended every phase of this proJect thus far, beginning wlth an inadequately drawn radius of notlficat~on map and cul~inatiDg with a staff report which indicated that construction had not even begun much less was nea~ly completed, it presu~ably will be a falrly easy flaw for the Corrmlssion to correct. C:ONC:SUS I O~J This Development Review, wnlcn is now about to be reviewed by the City Council on appeal, has been surrou~cied by nothir.g but misinformation fro~ Day One as the result of a CO~lr.atlon of a dunlicitous aoplicant with an inco~Deten~ Planning staff. The Co~~ission would do well not to add.to the confusion Nh~c~ the Counc~' l'S alr~adv ~ac~ng ~n ;~s COn-ic.'~r~tion OF -~'S ~ro~~c~ ..:.. ......__ _.......i.....:....I. ....:........ _L ....~_ _ ....... __ .L _ l..~.L_ ~ j....... L- by pro~~lgatlng a S~ate~e~t of O=ficial Action ~hich bea~s r.o real relatlon to the act~on ac~ually ta~en. The draf~ Statenen~ of O=ficia~ Action suonitted bv staff should theref?r~ be ~eworded so as t? be genuinely-=eflectlve 0= th,~ e""=>""~ - '.,......lC...... 7~a.....s""" ""'''''d fou"'" T.-"''''' rs -.~,o ...__ V_~.LL.':;"...... L-J. __ ..... :;:'_..;.._ _ T'I'-......-...... c:.'::;:I .. T1-}O$e Com!li$sicro~::-s ',rho eit~'1<e::- oD:Jcsed ~..o'Orc'vc.2. Q: s? 329 O~ were rot l~ 2tte~da~ce at t~e Julv 7 ~eeE~r.a ~re ~Qt i~ ? DOS1t~Or. ~o ;""~;:::.~""'r"'~ -~~ ~C-;C~l ~-o; -~n~~ ;t~O rl~~ uo~~ ~0~ _ ......... ....... - . L ..... .,... _ v _ _ _ ............. '-'" ....... ~ .".. ~...... _ _ ....- ...r' .....-- ..., ~ _ __ ~ ........ ... ~ '"-- ~ oJ ___ a?p~oval a~d should ~~erefo~e, of co~~se, abs~~~r fro~ vot~nq on the Sta~e~e~t of Of=~ci?l Actlon. If it is the COIT~lssion's pleasure, ~ would welcone t~e opportunity to offer oral argu~ents In su?port of the poi~~s contained In thlS lette~. S.:..nce~e~y, ,f) !//n /j I/l~ l(j /f r L(Jc- William F. We~nga~de~ ..J -~'::C ~ ':"'1I"~.1 1i,..I~ ~~-~ - -:... ....>> ~ , ~~.. -;;;..~~ ;-.i"'-~ :.,1 . . .C~~T~ ~-.. _.....C ..~. /J ---::::( ,--- ty u rY1/-lIrj'" .. '''~~l_' ~~~ ..~~.~ ._"~~'-" ' ~'::::I~~~:~~' FOR BUILDING P:RJT! J (~\ \1' 1t:L l X 4~~ ~n r / Zio 90404 \iade Ipl.ne Shon~ ~mpjoy" No I I S4.Ib....>SII.on j and.. 4th floor floQ): sO Prellm'Nry i 0 A....u.d Prlll.m vnnl? structures). I 0 . Ftnal square feet of new 0 r Armed F'N11 floor area. There is no change ln h~f1 ("-!j)llnr - _ 0 EQ,."N1t1On 14;a1 o.....~ _ _ S ~ 1 n 1: . T () h n IsH () ~ P 1 t::l1 :'l n d H P. 3.1 1: h r. p n r p"!" 0 AddrMl 132R ??nrl R1:rpoi" Cay ,c::;:'lnt::'l \fnn1 (",r. zjll Qn4"4 Applll;atlon IS hereby made for the Issu~nce of a budding permit for construCtion at N.meof lac,ltlY Saln t John's HaspI tal and Health Center Address of fKlhtY 1328 Twenty-Second Street CitY. Santa ~10nlca ec....ty Los AnQ"e} es PhOM (213) 829-5511 Admrn,sn-atOrSls'ter MarIe TYDeoffaclhlYlperh~entel Arll-t'!"> r::!rp HllSDlt:::tl , [8} Add,tIOn 0 Remodel' D New facll.ly :$co"" of PrOleo;t lbrlfl descnptlon of ~Ot"k ;Jro~ .nclud.,,'i tqu.,e !QQra~ and CNtlg. 01 ~ COY",. _AddItion of new bUIldIng areas on 3rd _(between eXlstln~ west Wln~ and south Total add1tlon is approx1mately 2,678 Curre", L":::.,,,.d Beds ~;I ~ Total Bed Count Aher Construetlon 1;15/ --~ .J..., Plans and SpeclliClllonl prepared by An;h'tect or en9'n....1I1 rapan~lble ehAr... of cU!S1gn and contr.l<:t adm,nlStr.ltlon F,rm Mme Leo A. Daly Indh"dUllI rcslXII'Islble Ke n net h L\, Alrernate .TarAO S]()an Address :-l11:-l W 1 1 ~ h, r p City Los An2'eles B.ogerson A~ No. C-8538 Req. No c-5998 Rlvrl. Zip SuirR 2nn 90010 Phone 388-1361 Slructut'3l Engll'lnl' F,rm Leo .4. . Dal,v lnd,v,dual rllSpo~lble - . .Toe Porterfl~ld Ae<) No 8-1955 Alternate Re<) No Addreu 3333 ~hlshlre Blvd. SUIte 200 CIty Los AngeLes Z'1l 90010 Phon" 388-1361 Mechln'CiilI EnglnHl' Firm T,p,n .1. _ n~lv lnd,vl~1 '...pons,b1. ,Tnc:pnh T,p? Re<"~rJ7 \f-15041 AI!etnlle RI!<) No Add'...... 3333 Wllshlre Blvd. SUIte 200 C,ty T.os An[Tplp.s Z;p_ 90010 Phone. 38 8 - 13 6 1 er~lt'cal Eng'''M<' Firm - T .P'" ~ nil 1 y Ino'v,dUlltllSPO"$,bl. _I ,.1.., n. ",;-, AI 1"'"1 te SJ1MII'< n"NpLE.. . Add'nl _:333::1 \'/, 1 sh 1 re R 1 'lrl, Col\, Tnc:::A n ~p 1 C'C; Z.p_ R.... No R~g No E.-IO~7g SUIte 200 90010 PhO"L 388-1361 Ge<mcl'ln.(..l' Fl~oort Film _ Ref (> r to F'I un d.J. t Ion Geolecnn,c E..q,...... ISo...1 On Sh('p. t S-l Eng'''H''''9 C<<OIO'J'U Add'e11 e,l\' Z.p " NQtes IV 1 and IV 2 RC9 NQ RlI'9 '\jo P"one FOR OFFlCIAL USE 0 ....r. :" Appl~llon No. Fal;Ii,tY No. DI$TRIBUTION o SFM -SL o SFM -SAC OSFM - LA Du.e o OFD-SF o OFO-LA o CFO-SAC o A~d. ..., nlth o OSA-SF o OSA - SAC o OSA - LA o FAC - File o CA - Loan [ DCCN ;0 :! LCG iD 10 i I r I I J , LChe<:J< ~ o 1~:=S / 0-.->\0 OFFICE OF S1".:I.TE......,O::: '-lEAL:-t"I Pl.,l.i'oINfNG &; O€VELC;o.,IE:'''. STA"" , I .. ........ II ('/111 ---------.. - - ...- + ... - -- .....- --..- - .-~- :::..::..-~~::~ 1:::~~. ~-=------=-77..:::::: -. ~ --- -_... ..... ---- . , ATI f( H rrrdJr E "HOSPITP,.L SEISI:-lIC SAFETY ACT OF 1983" ~ 15000 e~ sea, of the CAL. HSALTH AND SA=ST~ CODE (Fro~ West's 1985) 5 15001 provides in relevant part: It is the intent of the Legislature that hospitals, whic~ house patients who have less than the capacity of normally healthy persons to protect theMselves, and which must be reasonably capable of providing services to the public af~er ~ disaster, shall be designed and constructed to resist, inso=c= as practical, the forces generated by earthquakes, grav~ty, and winds. In order ~o accoxplish this purpose, the Legislature intends to es~ablish proper building s~ar,darcs =0= earthquake resistance based upon curre~t knowledge, and intends that proced~res for the design and construc~~or. c= hospitals De subjected to independent review. it is ~te intent of the Legislature to preempt from local jursldi2~~Or.S the e~forcement of all building standards published In t~e State Buildlng Standards Code relati~g to the regulatio~ 0= hospital projects and ~he en:orceT-ent of other regulatic~s adopted pursuant to this chapter, and all other applicab~e state laws, including the plan checking and the inspecticn 0= the design and details of the a~chitectural, structu~a:, mechanical, plumbing, and electrical systems, and ~he observation of construction. It is the intent of the Legislature that wnere local jurisdictions have more restrictive requirements for the enforcement of building standards, other b~ilding regu:a~ions, and construction supervision, such requirements shall be enforced by the state. ._~.~J _".11.-..- =--"I ~~.....-'&E_""'l'"p"L""-'"'-"'-r~-- ~ - ~of~....r~.~":.>--:i:-t ../. STA rE OF CALIFCR"lIA -H~AlTH AND wElr ARE AGENCY GEORGE DEUK"'EJIAN Co-er_ OFFICE OF STATEWIDE HEALTH PLANNING AND DEVElOPMENT DIVISION OF FACILITIES DEVELOPMENTA--- ---ft( H f(l0J 107 SOUTH BROADWAY, ROOM 601.5 ! J -. __ I lOS ANGelES. CALIFORNIA 90012 ) (213) 62().49~ - f @ "- Septerrber 19, 1985 HL-850009-l9 SUBJECT : ST. JOHNS HOSPITAL & HEALTH CEN'l'1:J{ 1328 - 22ND STREET Sfu~A MONICA, CALIFORNIA 90404 PROPOSED ADDITION - NEW AREAS 3RD & 4TH FLCORS Department of Building & safety 1685 Main Street Santa Monica, California 90401 Gentlemen: This office is in receipt of plans for the above faCIlity, which is subject to the HospItal Seismic Safety Act of 1983. Enclosed is a copy of an attachment beIng made available to all local 3uIlding Departments explaining the State preemption of plan review and construction inspection responsIbilities for health facilIties. It should be noted that proJects WhICh have been in the plan review process prior to January 1, 1983 WIll remaIn the responsibIlIty of the local bUIldIng department. In additIon, Health ClInICs, Alcohol Recovery Hospitals, Drug and ChemIcal Dependency facllltles, ParkIng structures, Medical Office BUIldings, ResidentIal Care and Day Care NurserIes WIll not be affected by the proviSIons of Serate Bill 961 and therefore WIll rer.dIn the responsibIlIty of the local building departments. Projects primarIly affected by the preeF.ption law are General HOspItals, PsychIatrIc HospItals, Convalescent HospItals (or ~ursIng Homes), and IntermedIate Care FaCIlIties. OUr offlce wlll notIfy you in wrItlng in every Instance when we recelve a project that will be SubJect to the new State law. Should you have any questIons regarding these watters, please contact thIS office at (213) 620-4954. SIncerely, Nlcholas L. ParrlS SenIor Structural EngIneer Enc. CC: ~. . / ALIlill.nl s tr a tor Leo A. Daly, Arch. NLP:dbs ! ~ ~ _ ",--.0.-..._ .:. - ~.~ "'~f}.~~-....__~- ~- - ,_.-..li'-",J,:,.i.: :~~ . .~~., - c(' if U ' r I I .) '~-\'~~~i^7If1,_~ /(!JU T {y \..,; I I( t C r ; ,\ r ;.'< " , D [ ;:: .. L I Ii Ci II'1lCN 01- I- ~ - II rlLS D[VHC?~,',ENr 101 ':'CUr<1 e~O~- A'i .'XM 90)) 'os ...NGElES c.. ''j:;~l'' 90012 ,ill) 62o-~9S4 "~I Y ~ . ...... ...- '< ::~.; J- ~ 0(,,,1;_( '1, ]'.'35 [I~ ;r;)l~:_' 'J 19 Leo A. Daly, Arc~ltect 33]3 Wll~hlre 2oulevard, SUIte 200 Los ,;.n'J~ll'IS, CalIforma 90010 SUa..; -.cr : ST. JOHN'S HOSPITAL & !-:!2ALTH CEL~TER 1328 - 22tID STREET S;~~A ~DNICA, CALIFO~;IA 90404 PFO"fCSED ADDITION OF CO~1lECI'OR BUILDING - 'IHIRD & FOURTH FLCCRS ;.--, < ,....- -- --- ':-} (0<':' Dear :.jr. Daly: ThIS ~'Il11 ackno~.;'ledge receIpt of the follm'nng: F~?llcatlon for 3uIldIng PermIt, FIling Fee, four sets or FInal Drawings and Speclflcatlons. ?wo 3ets of b~ese doc~ments ~ere forwarded to tbe Los ;ngeles DIstrIct OffIce of tre State FIre :1arshal for rCVIe~ and re?Ort on fIre protectIon features. A CO?,! of the state Fue t1arshal's report WIll be sent to you cHectly by that asency. ~n accltlonal set of accUQents was trans~ltted to the Los .;ngeles 3ra~ch of the Office of the State ArchItect for reVlew and report on selS~IC safety fea~ures. The report of that agency WIll reach you Independently. OUr reVIew 0: your plans With respect to the requIreren~s of TItle 24, CalIfornIa ~Crlristratlve Coce dIscloses the followIng In need of correc~:on and/or clarlficatlon: A. qCE I =-EC1.BAL 1. Sub~iL wrItten eVIdence of conforrence to local zonIng resUlre~ents. 2. ~~ ~nvIro~~ental I~pact Report or a Kegatlve DeclaratIon IS r~ulred. 3. IrdIcate the ~estl~ated total capItal eX~€ndltureR on ~he appllcatlon fcrTrl, Ite:n :1.9. .~ , 4 -........;r.~i. ~....;;L..~.~_ --~ ./. / s~. .vhn'; ,;~pL~"ll & [f':<11th Cu,ter ATIA ( HffltNr -2- :/S: , ;~, l:05 iJ- :~~.CCC;""19 4. A minI ru.Fl celling belght of 8' -0" 1S CClIUIU'd at Corr: l~t)r C~02. s. S~C~lt s~,,?les of Carp€tl~g and aCoustIC tl1e to ~hlS offlC~ fGr Jpproval prlor to lrstallatlon. S'IRUC'lUR.il.L - BY O~?IC3 OF T9E ST;TE P-..;/CH I?c;CT HECHANI Cl.L 1. On Sheet M-l, the 2" SO and 2" 00 llnes are shown to be connected to a co~n vertical. Per Sectlon 3207(c) of the UOtfnrm BUIlding Code, overflow draIns shall be ccnnec~ed to draIn llnes Inde~r.cent from ~~e roof dralns. Please correct. 2. Enclosed 1S OffIce of StatewIce ~ealth Plannlng and Develcpr.ent's current polley on VAV syste~s. Per Ite~ aJ, please state the cEm quantIties at ~ie nlnIu.lli~ VAV settIng. ~,e cor~ector area shall be consldered a patIent area COrrlGOr and r-ust ~eet tte ~lnl~lli~ r~Jlre~ents stated In Tltle 24, Dlvlslon T17, Table T17-104B. Per Item b}, please verlfy that tte ret~rn fan trac~s the sup?ly. As far as thls partIcular ap?llcatIon IS conce~ned, Item c) ~lll be ~aIved. SInce there 15 ~alnly only two large returrs In thlS sjsten a~d they are both located In close proXlnlty to ~r.e fan, there wIll be no need for Inolvlceal roo~ control. 3ut, thls IS not to set a prececent for future VAV syste~s. For larger systE~Sf t~e OffIce of StatewIce ~ealth Plannlng and Develcp~ent wlll er:orce Ite~ c). Per IteA d), please cpply thIS to the new offIce area (and sta=e what ~he ~~~~r.~~ cfm quantItles WIll be). 3. ,PleasE S?Eclfy ~e SYSt~l outslce air quantIty. T~IS q~aDtIty srall satlsfy the 71lnl~~~ outdoor aIr c~anse requIrements stated In Tajle T17-1043 at ~Inlo.~~ VAV settlng. EL2CTIUCl\L - ~;o CC:::7;iI'S ADDITIONAL CCt1'La..;'TS 1. ThlS prOJEct has ~een ass:greo t~e Identification nurber whICh IS shown belcw the date at the top of thIS letter. Please ~se thIS ~ur~er on all corresporCE(1Ce. 2. ~e enclosed s~~?lerent Incl~des for~ ara Instructlc~S Incl~cl~g these r~uIred for oo:alnlng both a bUIldIng per~lt and ?ro]ect Ins~~ctlon a~!?(oval. . ;,1r. ulck 31sr.ett should be contac::.ed on I"atter::s relat.ed to obtalnlng a bUlldlng ~€r~lt, l~s~~ctor approval and Ins~ectlons. _ _..,..... >~..J.ll- ":1It~_.-Ai ... -, ~.., jjf-...... L"-'-".,.. < 1 --. J~ -;17~ ~-;:;O;~i :Jr-.. l..tc r,' '"3 ::0 _pl.tal & :"~a 1 tn C~r1ter fflTn (~~NT ~~::;~D~~i9l'15 3. If the corrpleted ccnsLructlon cost IS :'-0[0 : (-].n Il'v'(? r-r=re,.:nt of the estimated ccpstructlon cost as noLed In your a~rllcatlon, an addlt~onal fee wlll be required (SectIon 15046 of CnJpter 1, D~V1Slon 12.5 of the ~ealth and Safety Code). Ur=or"\ fwdlng that the above itcr.s are accoffIlDcat.ed, the reE)[oc~c~b12 ,1ro'Jine]s an.d the cover sheet of the speciflcatlons s~all be SUciltted for our n[:~ro'/al stanp. The state rlre i~rshal and Office of the State ;rchltect Nill also require the reprocuclble drawlngs to be st~oped for IdentlflcatIon. Back chec~lng wIth the State Flre ~~rshal and OffIce of the State ~rchltect way take place Independently wItrout sub~lttlng thro~sh our offlce. If there are any ~Jestions regardIng mecbanlcal ccr.rr.ents, please contact rCNard Sacks of thls office. Ene. cc: 52'VIA . ;~~ln~strator~ E'",.;: dbs - --"Yt...-.......;y..= ~. iiit~... h.~.... -. l'i _ 01-:. ~~ ~ ~_ ~~__ ~L-~';"'d Jr'" .:i .-~. y ~ <" ,~-:. -- t'LrL "~r..G ,.11D ZC~rI G D:.J"~S ~C": CCr""..-':-1.1~Y a.....c.: ~=c::"'C~l.C C~IJ~lc~-€'~':. ::cp,);::,,:-e'i.t i\ t' r L'::C \ i':~~: -='i))1 1\r:.H tH rS7r:'.t\T !\T 1\ [1~ ~OV.'L -- L?"?r "';r;::_'.1.ncf! lJ2:.. \.l.:'~; J------ f.i.~o? ~J\- 2:-00 ~K~{ ( fK ~ OJ~T rl __c~':.~ Fl.l~d~lL2...:i ~ Ac=~?tr 3y:~- , Per ~=~~ance 1321 (CC~), ccr~~~, dev~~c~~en~ ~ro~8=~s a~d cha-qes o~ u!e .~hLC~ cc,~~~- to ~~e C~~i'5 Zcn~~~ Ord~1ance ~nd G~"'e:"::.1. ?L.3.""l La:-u:. Use Ele,....e~~ "l'av 't:e ~"(O-Oc. f::-81 :.'le rc~u::":-~n~nt. >-0 ...............~T..... ::l'l::J..........~......~ CO-~.s~l.-n ~;r"\'-""":\~ -0" a Do Up lC':::ie...." P"'r~"l.-. '- .......................................... ~ 01'_ ~...... =~~"-.J~c.;,...... - - _ ... - - In sc-e c~ses r pr~Jec":.5 ''''''loll t:e u;,c~.,c..:.:.:c-a~ly o.....e--;:~. Ot'1er pr-o~ec-:'s :-ay 1:e e'(ef'1?".:. ~::- !:.re C':=~~"::J= 0: Pl2.-Z"~'S c.e-:.e:---1.nes ~hat ~~e ~=o~ec~ ~nccr~c=a~es s~c~ c~~~~~~o's as a:~T~ec~ssa='l :0 e.,su:"e cO:1fc:::--ance w::..t."i 3ec-:.:..cn 2 c:: O:::Cl"'rJ.~ce l,;~... (eeS) ~ t....e Zon..:.,...g Orc':':1a!1ce dr-:C t.::e LC!.~d t.":::;e Ele..,er:;~. ;~nere ccrc":'~':::'cr:s are a~~ac,ed to a~ AG~~n~st::-a~~ve ~fp::-oval. 5~C~ cc~c~~~cn~l app::-cval ~5 b~~c~-g cn~y so far as It e~er?~s a f~~:~ct f=c~ th~ requ1:::."'e:-"ert to Ob~a1:l a D.ave~Ct:;7"e""'lt ?~~-~t. An ap? L:.ca'1~ ~ay ap5':"Y fo::: a Develc:;:-ent ?~=~~t. f':lllo""~ng any c:c"ld~t:.onal Ac-~~:.strat~ve Approval. *** P.u:."SE RESPO~""D Ta iiL.L APPLIC,\B[.E C'Jc5":C~lS. n;CC~PLZTE 11'FOR.......'\TION H.t'\Y CAGS:C: A DCL'\Y I~r TliE PRCC:::SSI1;G OP YCUR Ai' E'LIC;\.':':C~l . **.... SI7l': ADDRESS: 1328 22ND ST, S~NTA ~ONIC~, CA 9040~ HOS?!T4L SP~CI=IC La::c Use E!.e"'e~~ D~str:lc~: ~r ~N nr <::TCnr""" Ze:,~r..g DJ..st:n.ct: CP Leaal Descrl~t~en (Let. 31cc~. Tract~: LOT 14, SLOCK 3, ORCHAPD T~ - SA-INT JOHN'S HOSPITAL & HEALTri APPL:CA:~: CS~TE~ As: Cc,-:.~c--:. ?e::-scn: ~?::D fl. 3RIGGS Prc~~: 829-3139 Ap?:~ca~~'s ~dd=ess. 1328 221lJ ST., SMH A 1'01: I CAJ CA 90L:Ou PROP":"7"Y ':::;.i~R: SM1E A.S AODL] CNJT ~~ IL.:"--; e: 829 813S C",,-ner IS Acc=ess: DE7AILZD PROCEC~ DESCRIPTIC~/PRCr-OS=D CSE(S): CC~jSn.L;C"';"iON OF EtJCLOSE[ 'tlALK'tlAYS toT THE 3R9 MD 4Tf'i FLOOR LEVELS 5ET,iEEij SOUTH WING ~ND WEST WING. P~OJEC7 IS WIT~IN T~E SAINT JO~~'S INTE~IOq COURT AR~A, WAL~WAY IS ENCLOSED WITY ALU~I~U~ AND GLASS WINDOWWALl CCNSTrlUCTION, (US~ \DDIT~C~A~ SF~~~S ..::: ~~::::: ) EXl.stJ..ngj'1cs::. Recer.t. :Jse{s) :_eATTF~:T r,--q.;:- I ,,1 ~ I I Nel.gh=o=~~g Uses: pATI F'IT CfillE. SOUTH 'dING EA1.5~~~; Flco~ Area.__~EST WING 21E),"OOO S ,-F , 65,000 S.F, . (CC~!TI~IlIE ml ~EXT PAGE) ~ ~~~~ -',.IfIig...ar~ n~_.~r{ f .. ,:-j ~-;;;-~~~~ co-- JJJS]J~Jj/!J:--I!L. yJI --':~"'=e;: 0: L:r"1.~::; :.~ l.::e .\c!:::~ ...:1..C-r= -Pe--::: f"?"::. --?:"=~csec ~~....r-t:cr 0: t..:n~:.~ ~~Qr:~ ~jQ'J-=: . ?~=~cse~ ?l=o~ \re~ ~~~~~ S_:.e ;....=ea... "Bur L T AB.QVE Exr 5} HIG. fIRST FLOOR \"JALl(''t/AY r=~~Gsea -a(~~~r e~q~.- __ ~nr ?~O=S5~~ ~~~ C~/~rase " '; ~c 0= rar<~~s SFac~s--s,~~;~-s_ NA ?=-c~csc~: "'r-b.;: . . ?~-=L:'=~J.- ).~A Fe:: Cc~~e:"c~al Uses--~o~~s of O~era~~en:_____~A --~~o. a:: ?ea~ Pcu= ~-;:~=:'e~s _ ~.-:.~ --I~ Rest.al!::';:J."1t, C:" =2.:". ~'o. 0::: Sea:s. :.JA P~~,ICC5 CI~ APPROVAL~: r-.JO~~E Acc~t.~c~a~ Rec~~=ed Rev~ews. C~t.~ cc~~c~l ~a::'<s CC7r.~5s~cn Coascai Cc-:~ss~C~ ~~~.3 Larc- Ot.her P~~or to su~~~tt~~g cC'" su l't \01'1 th P lan:l:' "1"; ~h~c~ of t~e follc~~~g t~~s a~pllcac~o', t~e ~==11ca-~ shcc:c and Zor.:.."'; DL....1S~C., s~c..:: to cet:.e:''7.;...::e acc~~~c~al ~~c's W~~: =e ~ee~ec: --:~c~c~:"a?rs of p:oJect S~t~/~{~5t~-S 8u~lc~-g(sJ --L~~~=cn-en~al Ir.:or~at.~cr. Fo::~ --?lc~ Pla~ and/or Pa:"~~ng Plan --~At2r~o= E:eva~~c~s --=lc~::- Plans --Ren~ Ccn~r~l Exe~pt~on/Re~ova1 ?e=-~t --S~cr ocher ~nfcr~at~on as ~s cecToed necessary I CE~'.~IFY TIIAT 'n!E IliFOR.'1J\TIO~1 CC~i':'X;:UED I~~ THIS APPLIc.,....T:::C~l IS CCR..'tECT TO THE BE57 OF MY KNOHLECGC M.l) Tl:!.i\7 :'H:::S APPLIc......TICN IS HADE WI~!:l T~ ~O.r'lLEDGE AND cm:SElr7 OF TU1: PROPERTY Ci.l';ER. -""J /:? -7 __;-; Ac=l~can:: '5 S~q'at:Jre:~> -/ L-...~_./~ ,r'->-~ ['ate: 11111135 - - - ( ....: -- . /" FRED r\. BR [GGS" " DIRECTOR OF CGNSTRUCTIC~ FeR S7~= us~ C~1Y _x Ac~~.~s::'::a-::'~vely A::::;::roved Fe:" 5ec-::..lo~ Z G . c:"~. 132: (C::S) S~~JeG-:' to Separat.e AC.-l~_S~=2.~l.:e Cc~C:t:C"15 S2ec~f.led The=~on Ce~e:-i1-a~1.::::1 ar-;:: Pe~~~=e5 DevelQ?~en~ re=-:~ pe~ SeC~~Qi 4, C=G. 13~1'CCS~ C-::.l-:eZ' ~ - D ~ b '....'"7~.:; ?'/~ ~ , '. .<,:'.r _ ~. e_e~~~at~on y: ~ ~ Da te:11 Z';? ,sY..P _ , T...::le: A7":.cf:/ ~1<.(:.1f~"''''''' ?v'I-lJ....!~ CoJ;>r-:~ The. lXG OF r.-e ~ t.-:.AL~...'tt,. <;-;-<~ 86" U"'"TFP To ~~ vl'i:"(.,oV'\T.oU C~l.'l iJo oTr'8=<: ~ ""'~.f4, OM"'tt" cr- JL\'i'Dlum.... ~JIoi!<p ~ *P"'L1.. r:G' PEl4<"Tn;D WIWu..l i"S' ~EW vDl.l?~ilQL1 ~ V.<!L~ A -;:a...~a-;., P?J\t:"....) ~f1 """ AfffC:..>-eD j;'f l1"'"e' <"lA>Ju I>JV ~"i\~cLJ Of- A~ ,AR;prtcrJ or.A ?rs:::..I~ fu1J. ~!-+ tJS>e 1'7 c,;....:!-'7'"E!-.... WJl14 " "1l'""e" ve..~f}lm..L. oj<:OElZIA A\J,p ~"et::d'l.E<77el ~ i~ Tre "Sfti:;;IFi0 Pt;>.-u i3.aa;:;:1J! P 1annl.nc; and Zon:.!"g D t v ~ 5 ~on. Mon:ca, CA 90401. 1605 ~~~. 5t=eec, Room 212, San~3 (213) 45S-8J4L -,~_.-.......- J(r '~"..iI'r~. -''''_."'''''''''~'''-'''''bli ~j ('.,qo.Q' ~-..qO..Q ~ Posl on Job S.I~ AT!A l %mftV0="?ro"",IHL 850009 19 BUILDING PER.\fiT nus Buildlnl Pemut IS ISSued to Sa!~t ,Tnh1"\l" "'n....,'~'" '"...~ "'.."'~,, ("..,.,1-....- For executJo., of the following consUUcUon project k~ulatory Connector Bu~lding between 3rd. and 4th floors of South ~~ng to West wing. Address 1328-22'1d. St. City Santa Mon~ca Coun tY Los Angeles Adnunlstrator S~ster ~ar~e Madele1ne Shonka Valuauon of worle S 135,000 Fee reqUU"ed for ISsuance of penrut 2,025.00 s (For additIonal fees reqUU"ed see secUon TItle 24, C.A C) Specw ConditIons Date or reVIew stamp on plans and speClIil;:auoru ~ ~ +.M Issued tlus I ~ ;!;Y of .0 e=C e:.l1 Be Q. I q 8 r By ~L'. O. ~ c....t_\f'.v.JIQn a' F..C:IlIt1u 0.....1010..,....,\ Oh",~ 5~.t.w.li. HU.I"I\ P.,."nlng ..:tICI Oe-i'.~o"m....t r-iOnCE llus pe"Tllt !:ecomes n:J1l and vatd If .,.,aok or const"Uct:on autrof"'zed LS not commenced Wlt!'.l1l one year. or If constructlon or work IS sustle.,ced or abatldoned 'or a pe40d of one year at any lliTe af~cr 'Nark IS comm:nced 1 rereby ceMfy thi1.r IM"e read and U4mu1ed thu btJlldurg permsr and know the same ro bc tr.J.t and COrTect All provISlOtU of Urws and ordrr.Jmces goVenflng rhls work WIll be cOlrplled ....rrr. wherher speCIfied herem or rwt TM granting of a perr-ut does rIOt puna"e la give aur~onty to VIOlate or cancel rhe provISIons of any state or local law reguianng COrlSrruCIrOn or rhe perfomtlJr,(;c of construcrlon /7 -'}-71 /. ~ _ //;7} / ~/ ~~ /r~'-' IIG"4ATU....1E 0'" CON"tIlllAC1'OIlt O. .......T'HO...~:~w.KN,.- ~ / / Fred ~. Bn:}fis /f i' / ,.-Z/S'/?~ DATil: ( ~ IIONATU_C Oil'" 0..... I'p' Q"'I'II.. .1"l1"-m...tJ .~1'1l ~iiiJ.;...~ s .....t.. r _-.l-=_j> , ~ t -~, .j -- ~y...-!- -- -"'.Jr 0... "-"~....-:::" I I r I Owner ~~l..,t John's Hos~n tal & Health Center .Ad dress 1328-22nd. SL City ~anta t"onJ.ca Z:p Code 90404 Phone (213) 829-8139 Contractor ~~lllncham Corstruct~on Address 2 Nort" T~ake SUl.te 300 City Pasade!'la Z1pCode 91101 Phone (818)796-1888 Ard'utect ~~Q A. Dalv Address 3333 W:!.lshl.re Blvd. St:::.te 200 City Les Mceles ZIp Code ~OO10 Phone (213) 388-1381 Strucruru Eng:neer Le~ A. Dalv. J05e~h Stewa=t Address 1111 ~~1~~1re Blvd. SU1te 200 City r,,.,,,, )!I.T'\C'E' 1",<< ZIP Code 90'JIO Phone t 21 3) 3 8 8 - 13 8 1 Mechamcal Engmeer ~pn .. naly: ~n"'P?h ~P~ Address 11;"1"1 T'r'lc:;~'n" R"r~. S'nt., 2:J~ City T(j~ l1"r;~'p=; Z1" Code 'F)'i';: Pho"'!!: 1?11\ lRR-l1Rl Electm:aJ EngJ..."'!eer Lea A. Daly. Sa~~r Mo~dle Address 3333 W1ls~::.re Slv1. Su~te 200 CIty T,,.,s ..!'lcreles Zip Code 90010 Phone (213) 388 -13 2 1 Soils Engineer ~; I,?J., Address City Zip Code Phone .. ! +---i~ 1.aA .,: ..:-~~.,. M ..~~;f;9 AilI... ~- "':..;..-J ... .........-.....- -~.. n-- i~ -----,0 ( -H If) !JVr-- C:L'TY PLA.t-;~l:XG t~rI:l ( ) L f I I . J C~ty Hall, Room 212 (213) 458-834.. r rJ C:TY::JF ;,,~';TA ~~O~-;ICft 1685 :~a~r.; Street Santa V,onlca, CA 904C~ PLANNING COMMISS!Otl APPLICATION FOR DEVELOPMENT REVIEW/SITE REVIEW (?Rl~'I' OR TYPE ALI.. !NFC~IATIm<) CR Xo Cthe.:::- ?2~ Fl.:"'~a. LL q 6(;, ~ee'" SlQC\C'~' Rec~::.p~ cy ~ PROJECT ADDRESS; 1328 Iwentv-Second Street Hosp~tal Spec~f~c La::':: Use Ele'len~ L:i1.s~r:l.Ct:.: Plan jhstd..ct Zonl.:-.g D:!.sl:.:'-J.ct.: Cp Lesa 1 De sc:.-:.pt.:l.cn ~ :"ot., B:'cc'-t, Tract). Port:l.O~ Lot 13. !noclt :'" Orcr.ard Tract: APPLICA.NT: Se.l.-t .!oh,'s 'ios!ntal (. qeal:h CE:T'tel: ~s' \geT't of O~~er Ccrt:ic"t Perscn TOOl Pyne Phone (213) 829-8295 '\cdre 5 s - 1328 ~~enty-Second Street ~ESIG~ER/AaCH!TECT Leo ~. Daly & Co. (Ken pogerson) ?hor.e. (213)388-1361 Ad~ress: 3333 ~J.L~~J.re Blvd . Los ~~geles ATTCFJ~EY~ ~= any~ }ionE: ?hc~e Add=e5S: ?!..S;'SS LIS':' :::::1S.:.r-eer 5, etc attached- O~HER REPRESE~T~TIVE(S) ) ON A~~ACEEn S~EE~. Chec~ (e C r here :I.:: CC-1St:.... :.a-,"':.s, 51..:.C'" a 1:1. 51:;. :"S S:Lsters of O-ac-::.ty of Lea"eT'wort'l., PROPERTY Oh"NER: 'iea:"tl-> SerV:Lces Corpoc-at::..c;1. Frlcne . Address. 4200 S Fourch Stree~ t Leave"",mrth l Kans35 r,6:J"'S REASON FOR DEVELOPMENT REVIEW/SITE REVI~~ APPLI~'TION (e.s . Ccrr- ~ercLal ProJect Over ~5,OOO Sq. ft.. A~to Repa:l.~, ?-estaura~t over 50 Sea:.s, etc. j : Add1.tlO'l a: ne'" sqL!are footage (2,572 sf) '"':Lt~1C~.. 3~ ;;pprov>2.G HcsPlta1 Area SpeCJ.flc ?lan as ~a'1dat2d by Land ~se EleTent of Octo~er '34. DESCRIBE IN DETAIL t~e type 0= use anc l~pccvere.ts p=oposed (use addltlonal sheets as 'eeded)~ SEE A:'rACfl}lENT A EXJSTING/MOST RECENT USE: Ne1.ghborl.ng Uses: ~ - I - " i -"-.J.I. ~-- .....~..,.~t...~~ ..,....r..:...~_"'"(o- ~~-4,.~~_"",_:-.:! r- I ( ~~.., " ",- ~ .....<,.. " Yo ~ ~ -" .- ~I ~ CITY OF SANTA MONICA Date F:l.led !/TTf[c HIl?i (\/T J ENVIFON}ffiNTAL INFO~~7IO~ =O~~ (To be cQmple~ed by Appl~ca~~) 1. GE~ERAL I~FO~~TrCN. 1. ?:::-oJect. Address 1'3Z8 r>:'O!f'tv S~cond Street 2, Zcn:.:-:.g CP 3 Lega: Desc=~pt.~on Portl~n of Tot 1J, Block 3\ Orch~rd Tract 4. Br~e= Descr~?t~on 0= pro~osed proJect O~ cse: See At:ach~ent A 5. EXl.s':~:1.g Use ~one - ~ndevel\pe~ area I:. !~~E~~~ DEv~~GP~~T REV:ZW STAT~S. Does ~~e ?roJec~ ~nvolve the follcw~ng: YZS NO 1. ~he e=ect~o~, const~~c~~on, enla~~e~ent~ cemol~~~~n or ~ov~~g of, and excavat~oL ~'c g=ac~~g =or, any or.e-fa~~ly c~ell~~g ~n R-: O~e-?~~~ly Res~dent~al D~strl.ct? x 2. Alterat.~cn, repa~=, ~~prcveme~t. 0=, e~~a=g~~en=r O~ aed~~~on to any one- =~,~ly dWe~l~ng l.n ot~er t~an an R-l One-Fam~ly Re5~de~t~al D~s~rl.ct? x 3. ~~e erect~on or ccns~ruct~cn of, a,d excava-::~on a::d ;rac.~..g for / any 7.ul::J..;:le dWe1l~:1g l.nter.cec as re:1tal hQus~ng =or pe=so~s anc. f~11~es of low or ~oce=ate or =cr senl.cr c~~~ze~s, wh~ct ~s =~nanced by any fecera~ or state hous~~; aSs1stanCe cr c~ed ty a~y :.-e~1gl.CUS or ct~e:::- nop- pro=~:: organ~zatl.o:1? '( ~. A:~era~~on~ =e?a~~, ~~prcv~~en~ of or acd~~~cn to a~y bu~lc~ng O~ str~c~U=e ~n w~~=h t~e total gross floor area of t~e b~~ld~~g c= structure w~ll be 2~==e~sec ~y les~ than lO%? x 5. Conv~rs~o~ to condo~l~~~~S of a~v mult~~le dwell~ng ttat ~ad a f~n~l subc~v~s~on mao O=~O= to October 1 1981 a~d has =ec~~ved e~ther a re~;va~ pe~~t or a vested =J..g~ts dete~J..- nat~cn from ~~e Santa Mon~ca Rent Centro::' 3card? x 6. J~~ol~t~o:: of bULlc~~gs for whl.ch a Category r: aemoval Pe~~t has been g=anted by the Santa ~Dn~ca Rent CO:1trol 3oa.=c.? x , . A pcbl~~ wo=~s proJect of ~~e C1ty of Santa Mon~~a? ;{ 8. .; s:.gn? III. 10. ::'1. 9. >as ..," ?~ttrCIKtfm~rr follow:.:!q cet:e'=:::'J.:lat:,o:ls or e.xe..~?t.:.cns : al "'w1'es't.ec r:.gh ts ce~e==:']';1a ~~o~. ?u=sua~ 't. to Sec~~cn 6 of C==~~a~ce 1220 (CCS)? ~l Vestec ~~qhts ce~e~~~at~cn O~ harcsh~p e~em~~~cn u~de= the ~ergency Bu~ld~ng Xcra~or:.~~? ~ave any c~nd~~ior.s ~~posec l~ s~c~ de~e~2~at~o~ bee~ sat~s~2ee? cl EX~~:'Qn unce= Sec~:.cn 3 (e} 0= O==.:.na::ces 1205 {.C:Sl c= 1207 (CCS)? c} ZX~~t:.cr. Q~de= Sect:'C:l J {oj c~ Cr~~~~~ces 1205 tC::S} or 1207 lC~S) '1 Was a bu~:c:l.::g ~e~:.~ law=~l~7 lssued fo= ~~e p=~jec~.between Ap=:.1-Z3, 1981 ~,d Se~~~~e= 30, 1981? Eas a ceve:c;~e~t ag=ee=Le~~ f~r ~,~s P=~J ec~ ce~:: appzQved ":;y tbe c~ t:! COu:lc~17 SCCP~ C? P?0J3C7 ~ .. Dces ~~e p~oJect ~nvol~e ~~e cc~st~~c~~cn of :cre ~~ac 4 Gwell~~g ~~~ts? 2. D~e5 ~~e p~o~:ct ~nvolve t~e c~r.st~cc=~cn O~ sto=es, o==~ces or ~es~auran~s W~~~ ~~ oc~~?a~~ load of 3C pe~5C~S or ~ar9: 3. ~ces ~~e proJect ~~vo17e replaclng a~ ex~s~:.ng ~~-uct~: ~~th a la=~e= one 0= ~~e ada~~~cn 0= ~0=9 ~~a~ 2500 s~~~=e fe~~ or g=eate= ~~a~ 5a~ 0= ~~e =loor a=ea ~o a~ ax~st~ng bu~l~~~g? 4. W~11 ~~e proJect requ~=e ~~e ~5suance c= a Ccn~~t~cnal ase re~~t, Va=:.an~e 0= s?ec~a1 ?ern~~ Otr.e= ~~~~ a bu:.:c~~g pe~:.t or bUs~~ess l~cer.se? 5. :5 ~,~s bu~ld~nq be~nq cO~5t=cctec ~~ conJ~~c~~cn w~t~ 4 or ~o=e st=~c~u=esr =y ~~e 5a~e a?~l~~an~? 6. Does the 9=ojec~ ~nvolve or.-?ra~ise S~g~5, or a 5~all ?a=~:.~g lc~~ 2..r..~.L:::J..;TICN" (~o ~e ccmpletec by Sta=f) :~ter~ Develc=~en~ ~ev~ew: EXe...'U.pt Co~?lete Ap?:~cat~cL fer Pla~'~~g Cc~~ss~o~ ?ev~ew ~~v~=o~~en~al 2tat~s General R~le Ex~~?t~o~ (13050) Ca~escr~cal EXempt~cn Class Co~ple~e Z~v~~o~~e~~a~ I~~ac~ Assessmen~ y;::;sT \fO x x x x x. x x x x x ----l _ x '( , r r-- [ lCrT-/ U- /(/1-. 1 ~ ~ \ I ~ J L l \ IATTAC';:,;;[~ j I As the delivery of hea::t D~re 3ervices b~s tee- :h~ngl~g in recent years to alternative settings ~uch as cutpaticl1t, S..!ir.' :~l.jIS Hospital and Health Cen ter has been ad~u$ tJ. ~lc; to tho.3e cha.::3;:1. ag t:..u.:..:: < First was the s\1::::cessf'..ll ccm~l~ti'Y1 lr, :i.~~/J c:..' ~~1: : -:....:- story aI!lDulatory care twoer project w~i~h tod3.Y is r'-?f€.r-:d ;"0 <:.3 t,.;:> we3l wing. The project ecab1ed patients to re~eive and Saint J~~no3 3ta:: ~C ~,ovlde ambulatory care services in an efficient, convenient and C~~~ affacLive man~er while still maintaiLing state of the art medic81 techn0lo6J a~d quality care. Mcst recently Salnt JO>ofS is plannjng tJ r~L~caL_ ~::~ !~c16anize the deliver; of cancer services for both inpat~en~3 ~~~ ~~47atiertts. Prp3ently i~patient ca.l::€r serviCC3 are pro'iid<:j::n the si;...-;i-:i flv':-;:- of t:~c i1{)ro;~ ....ing, the oldest ar~a of Saint John's p"T3ical plant, a'll c.~tpatlent canOEr services are provided in va.'lous locc.t.iof!3. The plan calls for relocating the inratient ssr.ice~ to tue third floo~ of the south wing an existing i~ldtic~t unit whirh Ga3 ~~en closed due ~o dEcreasing census and relocating the c~tpatient ~-~vi~es to the third floor of the west wing. As a result cQr.c~r sei~ice3 w~il ba r~~7iG~d on the third floor o~ the adjacent s~uth aG~ ~~-t w~~~~. F~~~i~ic~ of t~3se 3ervic~s in one cont:! 2'110US area w~,. proYide an eff-:'ci~:;t-, CO:'ioi,Joie,.t and cost. effective setting f~r patl~nts. ~a~ily whlcc ~~~ a~ iN~~ltant ~j~po~t group for the pa~1ent and meCl::al s.afr. However to have a physi ~3.11J cOJ.tig~":J~.:' a"~:;;? a:, ,^, ':.::"CS~Q CJ,l~cctcr'/walk-wiaj is requit'~d bct'..leen t~e sou~-, ar:1 west wll:":::- ~:J.'E.;:' .:"3.:;' 2..:-33. o~- ~L.g cC'nnect.or' is 1.286 grcs3 sq:3.re fe~t i!,~L-.:.i::g c. 2'::;-'l.l~~ al1:.3. [::i1"" ---ice spa.;:~ ar:.d a stz."f l.ccter/:i..ollI:ige ar_a of WZ1iC',1 c.:~'1 "i1.l1 2'::.:;?::;~i; tin, ca. _~r :::eLvlc~o In a~jitlGn Sd~nt JOi:~~3 is a:sc pla~G~~:; co r6~c:_~~ a_ ........r'garl:~ze CI.:3 are~u~atory ~edic~=e/p~~n ma~~ge~e~t ~~T~~:e :=r ~:~;~~~ !t3~ F?e~e~~ly t~a s~rvice is located C~ ~0th the s~c0r,d f:j~r cf t:~ x~3t ~~~g ~cd t~~ third f10cr of ~!.e main ~i~'g~ aa:e:~ta c: re:c~a:~~~ ~_~ ~~~~:~~ ~o ~~G32 de3crib~d eal~li~r fef' t~e ~anC'.3r 3c~vi,~2. f>-_s~ 5: _~~:t.- ',::; ;:'.<;; ca.1C::. .ser\;'"~ce the ~1eE."'d e:ci.s ts t~ dav~2.\:-, 2.t. .:. - _...:: 1...:-.s -==....i .:.. -::: -.- :. _ ~~~ / :: ~ ~y :':'.3:' "3~ =. t..)-: fourt.h .,:"t.loor of t:~e \l~3~ a:.l~ s~~:'h w..:..~1g24 l~ ~ ~~:.~.:..~.. :...-~:.. ow_.... l,..~j~ :':':-,1,{t.eCl"vi::" is 1,286 V'033 s-;:u~.e feet inc]uC:~~3: a s:" ::.~[ J_,~~:'r.-!-~-l-':''::o ;:J~..3d .;.-',::: a .=.::iJ"111 stor ..3.Ce ar2a of \i1...:ch bo t.:l will .sup;,ort. th;: ti-.....;.a..: ~ to. ...G.. J- ~_ ..i_-.:......~1E /iJair. ~ar.age~ent s~r.ice. In su~~ary, Sa~nt Jc~~'s ~c3pit21 ~~~ E~2lth C~~L~~ 1: J~,~l)~in[ ~n erlcl:'':2d ~O~12C ':or/walkway or. tt~ th::.r,j and fGill:' L~1 [::'oc,-,s "':0" J.:c~~,~g tH~ scu:h and west Wi~gs. The total i!crease in Sp2C~ is 2,S12 ~-oss sq'l~~e feet or which 1,099 gross squ~;.re fe2t i3 rei' rff:.-.::;~ 3:"C_ ::.:,8 0,:0 1('_;,2::- lounge area. Tne remainJ..n.g 1,473 g.";;S3 squar~ fe::;c 1.3 ';') ~'l cc.~'io:.:')l' ;5p~"1.Ce. The total ncreaEe of 2,572 gross square feet rep~~s~~~3 L~ o~e~a~: lu~~2a52 01' 1~S3 th"ln one percent of Saint John'3 tctdl S:':2::2, T,~;:> i"1CL::':'3~ 'IJ11 net re~ult 01 the a~dition of e~ployeesl v~~!icu12r t~!f;~~ U~ ;2de3t~1a~ t,affic. P:ease see Attachment B for a detailed li~~~r.G ~f ~~~ audltlo~al space. . . ... ~ F { r ( it-I-1fT( H r1]WT~ J AT r i~ -: :ItG~Nr B ~=ST /SOU:-~-! 1,Jn~,J C~, -lEeI'D? 3rd aDd 4t~ Floors Sub Total 3rc ECC'~ l.Jth Ftc'O? ;208 ::l.r. 4'J& s..f. 250 s.L 195 s.f. ':J2 .3. f. 841 s.f. 1..:~S .:l,. -oh ... 1.286 s~f. .r. <~-..... s.r. c:.~){c:. c.-tice Area Lo~,ge/Iocker/Toilet fl~aa Storage Area Corrider Area Total Area (Thi:d arod :ourt~ Floor) Saint Jc~nt3 existir.b space 6~9,631 3., . 3rd and ~th floor conr.3ctor 29572 t..~ - ~ ~ --- --- --- 632.2G3 .3.;. ~-.,..~......-........... ~~-.... \i c:..r r::..;::;e.~......J le3:> L::m J_~) fA ~T~~JLm~r K COmITun~~y and Economlc Develop~ent Department M E M 0 RAN DUM DATE: July 7/ 1986 TO: 7ne 2onorab1e Plannlng Comm~SSlon FRON: R. Ann S~racusa, Dlrector of Plannlng SUBJEC':': DR 329, To Perrrlt the Add~tlon of a 2,572 Sq Ft. Connector BU.lldl.ng to Join the EXlstlng West Wlng and South K~ng at St. John's Hospltal and Health Center Address: F-.ppllcant: 1328 22no. Street CP SITE LOCATION k~D DESCRIPTION The sUbJ ect propert.y lS part of the St. Jc"hn 1 s EOSpl tal campus whlch 1.S located between Santa Maulca Boulevard, Arlzona Avenue, 20th Street and 23rd S~reet, Surrcundlng uses conSl.st of mult~-farr.lly reslcentlal and 8edlcal related cor.rerclal uses (Cp) to the nor~~, correrclal uses (CP, CA) to the so~~h, mUlt.l-faolly resl.dentlal uses (R2) to the east, and cor~e~clal and resldentlal uses (CP, CA) to the west. Zonlng Dlstrlct: CP Land Use Dlstrlct: Co~~erCla: Professlonal DlSt~lct PROPOSED PROJECT The proposed proJect lS fer the addltlon of a 2,572 sq.rt. connector/walkway to connect ~he eXlstlng west and south Wl~SS of St. Jch~'s Hospltc1. The bUlldl.ng connectlon wlll be located a~ the thlcd and fourth floers, and w~ll include a 208 sq.ft, offlce, 195 sq.ft, of s~oLage and 696 sq.ft. of lour.ge and locker space. Tr.e :re!pa~nl.ng 1473 sq. ft. w~11 be devoted to cc::-rldor area. Three parkl.ng spaces wlll be provlded on surface ~ot E cn Arlzona Avenue between 21st and 22nd Streets. t--!UNICI PAL CODE AND GENER..,:,.L PLAK CCNFOR......IANCE Tne proposed proJect lS conS1.stent wlth the Munlcl.pal Code and 1.n confor~lty wlth the Ge~eral Pla~ as shown In Attachment A. CEQA STATUS The proJect lS Cl ty of Santa (14) ) . categcrl.cally exe~pt from the provlslons ~onlca GUlcellnes for Imp1ementatlon. of CEOA, (Class 3 , ..L - , - YCES prOject f1TlfthJt(f]o~land f~ 'TIns program. Parks Mltigatlon ANALYSIS The proposed proJect 2S sUbJect to Plannl.ng Cormll.SSl.on reVl.e...... Pollcy 1.13.1 of the Land Use Element speclfl.es that prl.or to adoptl.on of Speclfl.c Plans for the area cOmprlSl.ng and l.l".IT.edl.ately surroundl.ng each hospl.tal car"pus, medl.cal and wedl.cally-related development proposed by the hospl.tals shall be subJect to Sl.te reVl.ew. Such proposed development shall be approved only If it nelther pre]udl.ces the adoption of the SpeCl.flC Plan nor advers ely affects the surroundl.ng nel.ghborhoods. The proposed proJect 1.5 deslgned to create a contlguous area between the south and west hospl. tal wl.ngs to provl.de- a more effl.CJ..ent and convenl.ent settJ..ng fer cancer serVl.ces and ambulatory medlcine and pain rr:anagement serVl.ces. parkl.ng to -meet Munlclpal Code requ~re~ents wlll be provlded on surface Lot E on Ar~zona Avenue between 21st a~c 22nc S~reets. ConclUSlon ~he proposed connector/walxway rep~e5e~~5 less than a 1% to the hosp:;... tal carapus and reets 2.p91~ca.ble ~!un.!...clpal General Plan provls~ons fo~ the CF D~strl.ct. addltlon Code and RECOHhEND.; 'I' I OK Plannlng staff resDec~fullv recor.~enGs approval of D~ 329 subJect to the folloWLr.g flnclngs and ccncltlons. FINDINGS 1. The developIT'ent. 1.5 ccr:s.::..s\:.e~t ........::..tn. t.he fu:d.:.ngs and pur- pose of O~d::"~2nce 1321 as se~ zor~n belew. 2. The physlcal loca~lc~ 2.~d p~~ceffien~ of proposed structures en the slte are cccpa~::..b~e ~.!...~h a~d relat.e har~onl.o~sly to sur~oundLng s~~es a~d ne~g~bc=~ocds l~ that the 2,572 sq. ft. ccnnector/wal~~ay wlll ve lcccted ccnpletely wlthlD St. John's Bos?~tal a~c ~eG~2al Ce~~er cdrrpus and Wl.ll be desl.gned to be ccmpa~~~le wlth eXl.st~ng car-pus bUl.ldlngs. 3. The eXlst~ng and/or proposed rlgh~s-of-way and fac~lltles for both pedestr~an and ai..l~o:'1cblle trafflC wlll be ade- quate to accom..'T'Loda te \:ae an~lCl.pc. tee res ul ts of the pro- posed developme~t lnc:udl~S cff-s~reet par~lng fac~lJ.tles and access thereto 1.:: tha:. three par1<lns places w:J..ll be provl.ded on surIace :'ct ::: on Ar.::.z::na Aver.ue between 21st and 22nd Stree~s. ') .. 4. 5. The cm(rIT~Jt([l~ Liar pL health and safety fac~l~ties (~nclud~ng, but not l~m~ted to, san1tat~on, sewers, storm drains, f~re protect~on dev1ces, protect1 ve serv~ces, and publlC utll1. tles) w1.11 be ade- quate to accoITJT'oda te the antlc1.pated resul t.s of the pro- posed development. The proposed develop:-rent 1.S conS1.stent. w1th the General Plan of the Clty of Santa MOD1.Ca and the Zonlng Ordlnance In that the proJect w~ll conform to the helght, bulk, use and urban des1.gn pol~cles for the COTh~erc~al Profess~onal Dlstr~ct as spec~f1.ed ln the Land Use Element of the General Plan and conform to the appropr1.ate CP standards contalned In th8 ZonLng Ordlnance, 1. SPECIAL CONDITIONS The Arch1.tectural Revlew Board, In the1.r reVlew, shall partlcular attentlon to the scale and artlculatlon deslgn elements, exterlor colors, textures, materlals wlndow treatment to lnsure lts compat1.blllty wlth the lstlng hosp1tal bUlld1ngs. pay of and ex- 2. Three parklng spaces shall be provlcec for thlS new addl- tlcn at surface Lot E on Arlzona AvenUe bet.ween 21st and 22nd Streets. STAKDAR8 CGNDITIONS 1. M1nor arendnents to the plans shall be subject to approval by the Dlrector of Plannlng. An lncrease of ffio~e than 10% of the square footage or a slgn~f1can~ change 10 the ap- proved concept sha!.l be subJect to Plar'.n1ng COI1..I'lSSlOr. Revlew. Construct~on shall be 1n substant1al confor~ance '.....1 t.h the plans SUbtlll tted or as 1.'Odl fl.ed by the Plannlng CommlsS10n, Archltectural ReVlew Board or Dl=ector of PlannJ..ng. 2. The rlghts granted hereul shall be effectl ve only when exe=c~sed w1th1n a per~od of one year iron the effectlve date of approval, Cpon the wrltten request of the appll- cant, the Dlrector of Plannlog r.ay extenc. t.h;.s per-lod up to an addltlor.al SlX Gonths. 3. The appllcant shall comply ''';1 th all leg&l requl.rernent.s regara1ng prOV1Slons for the dlsabled, 1ncludlng those set forth 1n the Cal~ forola Adrr~nl s tra t1 ve Code, Tl tl e 24, Part :2. 4. Refuse areas, storage aredS and mechanlcal equlpment shall be screened In accordance wlth Sec. 9127J,2-4 (SMMC). Re- fuse areas shall be of a Slze adequate to rreet on-slte need. - 3 - .,' 5. ThlS deterd:DJj~tt l[Ji~L:tm ~ pmod of twenty days from the date of determlnatlon or, 1.f ap- pealed, untll a f1.nal determinatl.on is made on the appeal, Prepared by: KR:nh DR0329 6-18-86 Karen Rosenberg, Assocl.ate Planner - 4 - tr[L~ ~ /11fLUT r: MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Category Land Use Munlclpal Code Ele~ent ProJect Permltted Use CP: permlts hospltals CP zone requlres sJ.te reV.Lew 2,572 sq.ft. connector/walkway between two eXlstlng hospJ.tal wJ.ngs Height 6 storJ.es, 90' connector to be located on floors 3 and 4 between two eXlsting SlX story nospJ.tal wJ.ngs pax-fang Spaces 2/572 sq.ft. @ 1:300 sq. ft. 3 parkJ.ng spaces requlred 3 parKJ.ng spaces prov1.ded at hospJ.tal Lot E r , ' II. REVIE~\T \ Lk--OC H ff1fA}T DISTRIJT!:] J f , j c..-- L Archltectural Rev~ew Dlstrlcts are composed of all commerclal, industrlal and resldentlal areas wlth~n the corporate boundaries of the Clty of Santa Monlca wlth the exceptlon of Rl and R2R Dlstrlcts. III. JU~ISDICTION: All new proJects, lncluding publlC bUllolngs, addltlcns, remodel- ~ngs, slgns, maJor contour gradlng, maJor landscaplng, parklng lots and storage yards, proposed to be placed In the Review Dlst~lcts enu~erated In Sectlon II shall be approved by the Archltectural Review Board, or upon appeal by the Plannlng CO~~15sion prlor to the lssuance of a bUllding permlt, except that both the BUllclns Offlcer and the Planning Dlrector or their delegate may a??rave buildlng permlt appllcatlon for minor or -lnslgniflcant rexccellng ?Yo)ects WhlCh wlll not defeat the purpose of the Archl~ectural ReVlew Ordinance and these GUldel~nes, and, further I w~lch shall comply wlth all the followlng Ilmltatlons: A. The addltlon shall not be larger than 15% of the ex~stlng floor area, shall not exceed 2000 square feet, and shall not be the second application con- cernlng the s~~e structure approved w~thln the last twelve (12) months. S. The renodel~ng conforms to and is compatlble w~th ~he deslgn and character of the eXlsting structure. C. The proposed re~odellng does not deal w1th a 51gn or blllboard of any type, D. The proposed reModeling 15 not an exterior modlflca- tlon of an eXlstlng structure located on W~lshlre Boulevard, Ocean Avenue, Applan Way, Barnard Way, -2- ... PROJECT. NUMBER; LOCATION: APPLICANT: REQUEST: , \ ttrr5s ttFm~IL- IYl DR 292, ErA 784, Z,A. 4876-Y 1301 20th Street S~ster Mar~e Hosp~tal for Sa~nt John's Made1e~ne Shonka To Construct a f~ce Bu~ld~ng 20th Street. F~ve Story 94,560 Sq. Ft. Med~cal Of- at the Corner of Ar~zona Avenue and PLk\~IING CO~~ISSION ACTION: 3-18-85 Date. x Approved based on the follow~ng f~nd~ngs and subJect to the cond~t~ons below. Denied. Other. F~nd~n9s. 1. The developmen t ~s cons iste:1."t W~ t.h the f~nd~ngs and ;mr- pose of Ord~nance 1321 as se~ fo~~h below, ~~ -;. 2. The phys~ca1 lccat~cn and p1ace~ent of proposed struc~~res on the s~te are compatLble w~th ar.d re:ate har~on~ously to sur=ound~ng s~tes and neLghborhoods In that the pro]- ect,w~th the except~on of the fron~yard setback, confor~s to the property development sta:ldards for the CP zO:J.e. The proJect provides an 11' set.back along all property Ilnes WhlCh serves as a publ~c open space, and 1.S desLgned wlth stepped back floor a~c balcon~8s ~hlch cont=~b~te to reducLng the v~sual l~pact of ~~e bu~ld~ng mass. The eXLsting and/or proposed ~~ghcs-of-way and faCllit~es for both pecestr::!..an a:l.c a~:.omobl.le tra=fl.c vall be ade- qua te to accorr.;r:oda t.e t;..e an:'~clpa ted resul t.s of the pro- posed development 1.nc1~d~~g of=-st=eet parklng facl.ll.tles and access thereto l.n that as demonstrated l.n the Trafflc ~nalysl.s the p=oJec~ w~ll ~ot cont.r~bute to a s~gr.l.=l.cant :Unpac":. on the e:-::l.stl.nc Clrculatlon natterns ar.d that as ~rooosed the oarkinc D~cv~ced a:. the-rat~o of 1 s~ace Der ~47.square fe~t exc~eds the ratl.O of 1:300 as req~~red-by ~he MUn~c~pal Cace. 1 4. The ensting anU~~fr~or l:nate health and safety facllities (lncludlng, but not 1lffilted to, sanltatlon, sewers, storm dralns, fire protectlon devices, protectlve services, and publlc utlll.t~es) wlll be ade- quate to accommodate the antlcipated results of the pro- posed development. ,.' 5. The proposed development 1S conslstent Wl th the General Plan of the Clty of Santa Monlca and the Zon:L~g Qrdlnance Ln that polley 1.13.1 ldentifles the areas comprlslng and lmmedlately surroundlng each hospltal for expansion of eXlst1..ng hosD1..tal bUlldlncs and constructlon of new medi- . ... cal off~ce bu:tlclngs. 6. The proposed development w1..11 not pre]UdlCe the ab:t1ty of the Clty to adopt a Speclflc Plan for the CP dlst=lct 1..n that the proJect is conslstent with the Hospltal Master Plan developed for Salnt John's Hospltal. Varlance F1..nClncs. " l. The grant.i.ng of a var lance 1..5 essentlal or deslreable to the publlc convenlence or welfare and not 1..n confllct wlth the Ger.e=al Plan, and wlll not be materlally cetr:tmental or In J ur :tous to the prope::--:.y or l.mprovements ~n the ~m- ~ed1.a~= ~elshborhood l~ tha~ t~e 9roJec~ as designed pro- v~des a setback ap?rox~~a~e:y 11' around the entlre struc- t':...:re ~N"hJ..c;" exceeds the setbac}c requ~=enent. for the rear and S1..deyards. The front yard setback. as deslgned wlll serve as publ~c space prov~d~ng pedestr~an amenlt.les such as be~ch seat~ng, planters, and ex~enS1.ve landscaplng. Cond1..t.1..or.s. 1. The Arch~~ectural Review Boare, 1.~ thelr reVlew, shall pay ?artlcular a~tent1.on to the proJect's pedestr~an orlenta- tlcn and pedes tr.lan a.'t1.en1. tles ; scale anc. artlcula tJ.on of deslgn e:ements; exter1..or colors, tex~~res and mater1..als; wJ.~dow ~=eat~ent; glazlng; and landscapJ.ng. The Board sha~L carefully reVlew the appearance or the proposed tra=f1.c oarrlers located cn 20th Street to ensure that the appllcant. sel.ects an approprlate deslgn ~ornpatlble wlth the nature of t~e proposed proJect. In add1.t.l0n the Board shall care fully reV1.ew the :T'.as s l:1.g I facade des 1..gn. and bul'-< of the bU.l.lc.lng. The Board sha 11 str J. ve to alter t~ese elements J.n crder t~ pro?er~y in~egrate che bUlldlng w~th the resJ.de~cJ.al ne~g~bcrhood. 2. Sl.gns shall 10ad1..::.g and be :.-~qul.=ec. u:11oadlr..g 1.5 t.o G.J.rec1:. users t.hat passenger prov1..ded on A~1..Z0na avenue. 3. The 91a~ters as shown on the pla:1.s around the perJ.meter of ~~e bu~ldl~g shall be re~oved and the set.back areas shall be la~dscaped pe= Arch.l~ectural RevJ.ew Board approval w~th specl.al a~te~tl.C~ gl.ver. ~o pedestrJ.an orl.entatJ.on. - 2 - 4. aw1tu-ta1~J:UbJeUt 5. The rights granted he=e~n shall be effect.Lve only when exercised w~th~n a per~cd of one yea= from the effect~ve date of approval. Upon the wr~~ten request of the appli- cant, the D1=ector of ?lannlng may extend thls per10c up to an add~tlonal SlX months. 6. The appllcant shall comply .......1. th all legal requirements regardlng prov1s1ons for the c1.sabled. includ1ng those set forth ~n the Callforn1.a Admlnistratlve Code, Tltle 24, Part 2. 7. F1nal parklng lot layout and spec1f1cations shall be sub- Ject to the reVl.ew and approval of the ?arkl.ng and Traffic EngJ.neer. 8 . 9. # ~ ~ A -- Prior to issuance of a bU1lding per:nl.t, the ap?llcant shall subm~t. to the Oi=ector of Plann~ng for reVlew and approval,'a detalled alternatlve parKlng progra~ to accom- modat.e those eXlstlng em?loyee parkJ.ng spaces wnJ.c:t wJ..l1 be clsplaced as a result of thl.s pro::;ect and t.emporary parking for constructlon workers. Parking for employees of the ~ed~cal offl.ce bu~ldl.~g shal;'\( oe prov1ded free of cha=ge w~th~n the subte==anea~ garage and park~ng for pat1ents shall be provlded f~ee of cha=ge~ for the flrst hour W1. th a va1lda t.ed parJc.ng pe::-ml. ~. One year after the bUJ.ldl~g 15 80% leased, the owner or tne1r successors shall fund a study, the scope of whl.ch shall be determ.l.ned by the Dlrector of Plannlng, to de-:.err:une the l~pact of Vl.Sl.tor parklng on the street and l.cent.l.=Y ste?s necessary in order to mi t1ga t..e any ?otentl.a1 probleTs. The Plannlng CO~~.l.SS10n shall reVl.ew and approve any par<- l.ng alte.::-nat1ve as proposed W1.th1n the study des.l.gr.ed to reduce the impact on the surround1ng reSl.dentlal d1strl.ct. 10. Refuse areas, storage areas and mechanl.cal equ1pment shall be screened In accordance wl.th Sec. 9l17J.2-4 (SM~C). Re- fuse areas shall be of a S1.ze adequate '=.0 meet on-s:.te need. ll. The operatl.on shall at all times be conducted 1.n a ~anne= not detrlmental to surrounc1.ng propertles or res~dent5 ~y reason of l~ghts, nOl.se, act~Vl.tles, pa.::-klng or other actlons. - 3 - . .:. .i 12. X No noise shall be buildings. , ~ w-' m generadJ:l1J'usill ar Jather such equ1pment placed adJacent to ne~ghbor~ng resident~al 13. proJect des~gn shall comply w~th the bUllding energy reg- ulations set forth 1n the Callfornla Adm1nistrative Code, T1 tle 24, Part 2, (Energy Conservatlon Standards for New Residentlal BU11d1ngs), such conformance to be verlfied by the Bu~ldl.ng and safety D1V1S10n prlor to lssuance of a BUl.ldlng Pe.:-m1.t. 14. The eXls~lng drlveways and aprons eXlstlog curb cuts replaced w~th pe.:- the spec~f~cat1.ons of the Services. shall be removed and the standard curb and gutter Department of General 15. Street trees shall be maintained, relocated or provlded as required ln a manner cons~stent wlth the C~ty's Tree Code (Ord. 1242 CCS), per the speclflcat1.Cns of the Department of Recreatlon and Parks and the Department of General Ser- v~ces. No street tree shall be rer.loved wlthout the ap- proval of the Depart~ent of Recreat1.on ar.d Pa=ks. 16. Street andlor alley 11ght1.ng shall be provided on publ1.c r1.ghts-of-way adJace~t to the proJect If ar.d as needed per the s?ecl=~cations a~d w~th the apprcva~ of the ~epartment of General Serv~ces. 17. 18. 19. 20. --..' ' / --r That a park~ng ra~~o of the space per 250 square feet be prov1.ded to accorrmocate the denar.d genera~ed by the proJ- ect and ~n order to reduce the splllover of med~ca1 off1ce bu~ld~ng-related park~ng on adjacent reslde~t~a1 s~=eets. The entrance to the proJec~ be located on 20th Street to reduce traff~c ~mpact on A=J..zo~a Avenue. Turnlng move- :nents into and ou~ of t.he parkl.:J.g fac~ll.':.Y shall be re- strlcted to r1.ght. turns only to off-set any negat1.ve im- pacts resultul.g f:=:om the lncreased t.:-af=~c c~rculat~on. Barr~ers on 20th Street shall be l.~sta:led to prevent left turns 1:'1 and out of the pro j ect . 7he entra:lce to the parklng garage shall be se~back approxl~ately lIS' to al- low queulng of at least 10 vehlcles en~er~ng the bU1.ld~ng. To n~t~gate potent~al pedestr~an-ve~lcular confllcts at the park~ng garage entrance, ~easures such as aud1ble detectors on the eXlt ramps to wa=~ pedes~r~ans, el~ml~a- tlon of bllnd corners a~ the entra~ce, and a setback park- lng en~rance shall be provlded for thls p=oJec~. A r1.desharlng program to lnclude preferentlal 10cat10ns of asslgnec park~ng spaces for car?ocls, free ?ark.1.ng fees f 1 d d. 4-' ~I ,..'l or carpoo s, l.SCQunt.e ous ...o<e::1S a::.<....;. or passes, a:1", a deslgnated r:lanager to prcmote an agSressl.'1e p=ogram be provl.ded. - 4 - , I 21. The short term palJ:JJti (al1zQ&Jf[[g (t1 unload~ng on Arizona Avenue and on 20th Street shall be closely monitored and the tlme Ilmlts enforced to prevent the area from being used as patient parking. 22. An attendant shall be provided to monltor and staff the tandem parklng spaces provlded 1n the subterranean garage. F1nd1nss and Condltlons for Hous1ng/parks Mitlgatlon Measure 1. The 1982 study, Offlce Develooment In Santa Monlca: The ~ Munlcl.pa1 :'1 seal and nOUS lng Impac-;:, by Hamll ton, Rabinovitz and Szam:.on, documented that approxlmately 3% of offlce workers In the bUlldlngs surveyed deslred to llve 1n Santa Monlca, were unable to afford to do so, and qual~fed for publlc affordable hous1ng ass1stance. 2. The same study documented that dayt1me offlce workers make signlflcant use of the Clty'S open space system, particu- larly City parks. 3. 4. Because the affordable housing and open space needs of workers In newly constructed offlce bUlldlngs are similar to those for t~e eXlS tlng bUlld lngs analyzed 1.:1 the 1982 study, the Land Use Element of the Cl '=.y I S General Plan acopt.ed on October 23, 1984 includes a x'equ.1.!'emen ~ that new of=~ce development proJects mlt.1.gate the1r houslng and cpe:l space J.rnpact.s on the City, and outllnes speclflc qUldellnes for the Clty to follow In es'=.abllSh.1.ng a for~al ffi1tigatlcn program. T~e prcp~~edical offlce buildlng wlll conta~n approxJ.- ~acelY(256 er.ployees (based on ~nforrnat.1.on provlded by the proJec~appllcant), 1n a 94,560 square foot bU.1.1ding WhlCh exceec.s the threshold below WhlCh new off1ce development proJects are exempt fron compliance wlth the houslng/open space mltlgatlon program .1.n the Land Use Ele~ent. I! ' ~ J6- $f C...!... '- [ 5. O:-dlnance 1321 adopted by the Clty on December 11, 1984 =eS1...:.:.:-es that. new non-resldentlal and ffiJ.xed use develop- ~e~~ proJects 1n excess of 15,000 square feet must. recelve a DevelopIT.ent Per~J.t pursuant to the requlrements of the Ordl:lance. In conS.1.derlng whether to g=ant such a permJ.t, t~e Plann~ng COnffiJ.SSlon ~ust find that the proposed c.eve:'opment l5 conSl.stent wlth the General Plan and the ~1un1clpal Code, and that. for new general and medl.cal of- f~ce develop~ent over 15,000 square feet, such development shall prcvlde adequate ProJect M1t~gatlon Measures to meet t.ne goals or t~e Land Use and C~rculat1on Elements of the Ge:J.e:-al Pl.an. 6. In order to sat1.sfy the requlrement of Qrdlnance 1321 that ~he project be conslstent w~th the Land Use Ele~ent of the General Pla:J., t~e developer shall e1ther: - 5 - - a. Pronde : uniA.-CT71Cd(t{!J~~ J/1 project s~te or another s~te within the C~ty, and 0.2 acres of open space on the proJect s1te (but in add1tion to open space otherw~se requ~red by the Municlpal Code), or on another s1te with1n the Clty, OR b. Enter 1nto an agreement wlth a th1rd party to provlde or cause to be provlded such houslng and open space, WhlCh agreement shall be approved by the Cl~y, The pro J ect appll.can t shall e!1ter lnto an the Clty speC1.fYlng "the r.lan::e~~ch shall be ~rnplemented orlor t6 i~suante . - - '-i \' ) permlt. \ I ~ Q. 'l<>, \';'irS ~ agr e emen t Wl th thl.s condl. tl.on of a build1ng -. , Chalrperson Clty of Santa Monlca Planning CO~~lss~on SF::1h ST292 - 6 - " " ~--/ A f111 C~H f~ f})T N STATUS REPORT TO CITY OF SANTA MONICA PLANNING COMMISSION Santa MonIca HOspItal MedIcal Center's ParkIng and TraffIC Management Program. Dear CommIssIoner: ThIS report IS respectfully submItted to the members of the CIt) of Scnta MonIca PlannIng CO~~IssIon and CIty Staff as an ucdate on the AprIl 4th Agreement between Santa MonIca HospItal Xedlcc~ Center, the MId-CIty NeIghbors, and the CIty of Santa MonIca PlannIng CommISSIon regardIng solutIon of par~Ing and traffIC problems In the area surroundlng the hospItal. ThIS Agree7en: was a part of the fInal approval of the HOSPItcl IS bu!ldIng replacement proJect. As was noted In our progress report of August 3, 1983, the HOspItal has actIvely pursued the ImplementatIon of a ParkIng and TraffIC ManageGent Progra~. T~= Hosp~tal retaIned the serVIces of S~~ve Rooney & ASSOCIates through December, 1983, on c full tune baSIS. DUrIng that pen::,: In addItIon to coordInatIng the i~ple~entatlon of the progrc~, Mr. Rooney had trained hospItal staff to assume hIS role. L~u~: Kenyon In Personrel and Hu~an Resources has assumed the pOSltlO~ of TraDsportatIon CoordInator. Robert Drown In the Safety and SecurIty Deoartffient has assJmed the role of on-SIte perkin; supervIsIon. Padcy Wood In MarketIng and ComnunIty Relations has developed the paratranslt program for outpatler,:s. I cont~nue to have overall responSIbILIty for ~he ParKIng and TransportatIon Ma0ageme~t Progrc~. The HospItal contInues to us~ the serVIces of Steve Rooney & Assocla~es on a consultant baSIS. Over the past year substantIa! progress has been ~ade In our efforts to alleVIate parkIng and traffIC congestio~ In the neIghborhoods s~rrc~ndlng the HOspItal. You WIll note that :~e~= has been srgnIfIcant pr:gress in the TransportatIon Syste~s Management arEa SInCE our report of August 3, 1983. ft. TraffIC CIrculc~lcn Measures 1) The majority of e~ployee and construction worker pcrKl~; IS on 16th Street durIng constructIon. The deSIgn of the replace~ent project prOVIdes for the maIn HOspItal entrance, VISItor parkIng and majOrIty of on-sIt~ e~ployee parkIng on 16th Street. 2) The traffIC SIgnals at the corners of WIlshIre Boulevard & 16th Street and Santa MonIca Boulevard & 16th Street have been designed under the gUIdance of SteVE Rooney & ASSOCIates. These plans are In the process ... J'" - ~ A- .~~ - ( ... ,. Mj ALH-rnYtfr ;J page two of reVIew by Raymond E. DavIes. III. CIty ParkIng 2~d TraffIC EngIneer. 8. TransportatIon Systems Management 1) Laura Kenyon has been desIgnated TransportatIon CoordInator havIng been traIned for thIS positIon by Steve Rooney. 2) Employee monthly parkIng charges have been raIsed to $10.00 per month for surface parking and $15.00 per month for the parkIng structure. 3) CarpoolIng IncentIves have been prOVIded: prIOrIty. or If pOSSIble. ImmedIate parkIng prIvIleges at no-:cs:. one free lunch per month In the HOspItal ca7eterIc, quarterly drawIngs of vacatIons for carpoolers. NegotIatIons WIth St. Johns HOspItal and G~~eral Telephone have not resulted In a JOInt fIde-share program to date. However_. several e:'iployees are partICIpatIng In a van pool WhICh IS run by the PennsylvanIa LIfe Insurance Company in San:a ~onl:~. A total of 163 employees are now partICIpa:~ng In the carpoolIng program haVIng for~~d 74 ccr~cols. 4) Employees are offered a 50% dIscount on RTO )~s :=sse~ and a slIghtly larger dIscoun: on tOKens for :~e S=n:= MonIca buses. Twenty-fIve e~ployees Def ~Gn:n pur~~cs= bus tokens for the Santa MonIca bus 11nes, ~n a~~rc;e of SIxty employees purchase RID passes ~on:hly. OutpatIents are prOVIded WIth free bus to~=~s for :~2.~ transportatIon to the HOspItal durIng theli course Gf treatment. A bus schedule dIsDenser has bee~ lnstc!le: In the HospItal lobby, It Includes route ~Gcs and schedules for Santa J~onIca bus lInes. rnfC;'i.",a:'lc.~ about bus schedules is available at the 1IS!~Gr InformatIon desk In tne lobby. 5) BIcycle storage racks have been Installed In the a!ley , north SIde of the HOspItal. The full capacIty of the storage racks IS 42. An average of 15 e~plcyees have ~s~: the racks durIng the winter months; ~ore are cntIcIpat~: durIng spring and summer. BIcycle locks are prOVIded 7:r employees who comrr.ute by bIcycle. The racks are also protected by surveIllance cameras WhICh are ~~n]tored by the security department. A 15% dIscount on bIking eqUIpment can be obtained at the DIfferent Spokes BIke Shop In Santa MonIca. ~ i_ l r c .. ~ 1ft r11K H my)] . ;J page three c. ParkIng Plan DurIng ConstructIon 1) ParkIng-for constructIon workers has been desIgnated on the Orlando propertIes and the south-sIde of 16th street lot. ParkIng WIll be provIded for 75 constructIon workers wIth permIts Issued through our EngIneerIng Depart~ent. The constructIon company has set up Its trollers on the Jack LaLanne Lot on 16th Street. 2) In place of the 60 spaces at Santa MonIca CIVIC AudltorIu~. the HospItal has leased a 94 space lot at Centlnela and EXposItIon. An extensIve effort was made to encourage utIlIzatIon by publICIty and IncreasIng the frequency of pIck-up and delIvery to thIS lot by supple~entlng the HOspItal shuttle wIth Checker Cab serVIce. Use contInues to be mInImal. The HOspItal has therefore subleased SIxty spaces. We feel that the carpool, publIC tranSIt, and bIcycle partIcIoatlon has far exceeded our prOjectIOns - 228 people V5. 90 antlclpated~ ThIS more then com~ensa~e5 for the off-site parkIng component WhICh has not been - successful. 3) ExecutIve Parking SerVIces has been retaIned to operatf tandem parkIng on the hOs~ltals tw~ 16th Street ~OtS and th~ small 15th Street lot north of HospItal. The t*o 16th Str€~: lots aco~~odate 310 cars; the 15th Street lot acco~od~!es 35 cars. An addItIonal eight spaces have been obtalneJ In the MedIca! OffIce BUllclng garage for hOspItal e~DIJ:2e use, thIS brIng the total In the Kin?ark structure to 200 spaces. NegctIatIons are In the process for addItIonal S9aces followIng repaIrs to the st~ucture. An dCGltcnal 30 spaces have been leased In a lot at 1313 15th Street. The HOspItal IS OIY~PIC Boulevard parkIng prOVIdes 54 S~3C€5. An adcltlonal 20 spaces are leased from not Tub Fever, whlcn is located next to the bUIlding. Overflow ~arklng IS prOVIded at the EXpOSItIon and Cen:Irela lot. 4) Free open parkIng IS prOVIded In the evenIngs and on weekends In the two 15th Stree: lots. D. Paratranslt SerVIces In lIeu of USIng the HOspItal shu~tle to prOVIde transporatrcn for outpatIents, the HospItal has InItIated a contract with Santa MonIca Checker Cab. The program began in December, 1983. to prOVide free transportatIon to all outpatIents who receIve care In the hospItal and who reSIde wlthIn the Santa MonIca CIty lImIts. The program has been publICIzed through the MedIcal Staff BulletIn and the depart~ents WhICh prOVIde outpatient serVlces. AddItIonal marketIng WIll fo1low~ ~t. .....=-t -~ .~ 1"' t ..... page four ff1TffC IT -MJ ;J >' E. ParkIng for BUSiness VIsitors, Clerg~n and Yolu~::~-s Free parkIng IS provIded for busIness VISItors on :~c :::- Street lots through a valldatlOn systen. 15 - 20 C+e:~:,';jE:n VISit the Hospital monthly. TheIr parkIng IS ais: -'=':::::-:2: by the Hospital, Volunteers who need parkIng wnI:e: ~=~K_~g at the HOspital are asked to park In the large 16L~ S~~:~ lot. There are currently 60 volunteers wIth Dcr~:-; privileges, and they are not charged for thelr D~-(:~~_ ThIS report summarIzes the Hospital's efforts over ~-~ :~s~ J~=.- to mItigate the parkIng and traffIC problems in ~~e ~~:;~~:-ccc= surrounding the HospItal. ~e dre pleased with :~2 s~::eSE ~- :-E ParkIng and Transportation Managemen~ Progra~ a~G ~~I: = contInued COffimIttment to ensure ItS success. ~~nr~.: Paula Cara-DeTl i AssIstant Vice PresIdent !:..- -. .. - , !.--. -- -- - - ;~ ~ ~ .sr ~.~;gr l