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SR-400-004-13 PCD:SF:JT:AS:f:\plan\share\council\strpt\2003\03TA006-02CUP028YWCA.doc Council Mtg: August 12, 2003 Santa Monica, California TO: Mayor and Councilmembers FROM: City Staff Ordinance for Introduction and First Reading to Add SMMC Section SUBJECT: 9.04.02.030.718 To Establish a Zoning Ordinance Definition for a Supervised Residential and Educational Facility for Young Adults Emancipated from Foster Care and to Add SMMC Section 9.04.08.02.050(b) to Allow this Use in the R-1 Single Family Residential District Subject to a Conditional Use Permit. Applicant: YWCA Housing Education Program, Sally Young, ExecutiveDirector INTRODUCTION This report recommends that the City Council introduce for first reading an ordinance to add SMMC Section 9.04.02.030.718 to establish a zoning ordinance definition for a supervised residential and educational facility for young adults emancipated from foster care and to amend SMMC Section 9.04.08.02.050 to allow this use in the R-1 Single- Family Residential District, subject to a Conditional Use Permit. On July 9, 2003 the Planning Commission voted 7 to 0 to recommend Council adoption of this zoning ordinance amendment. The proposed ordinance is contained in Attachment A. BACKGROUND The Zoning Ordinance currently does not allow for a residential facility of greater than six occupants in the R1 Zone. The proposed ordinance would establish a definition for a residential and educational facility for young adults emancipated from foster care, and then allow the use in the R1 Zone subject to a Conditional Use Permit. 1 The YWCA has requested the proposed ordinance amendment in order to allow the addition of beds at their existing facility. The project involves no structural alterations. th The residential portion of the YWCA’s building at 2019 14 Street was built in 1933 as a home for girls whose families could no longer take care of them. The residence was designed to accommodate 22 young women. This residential use continued through 1969, when the YWCA purchased the building, and a YWCA facility was added to the residential structure. Conditional Use Permit 132, approved in 1970, allowed the YWCA to add the gym building and associated offices, bathrooms and classrooms. Condition (f) of this Conditional Use Permit requires that all future construction, enlargement or alterations be subject to review by and approval of the Zoning Administrator. In 1996, the project received a plan check approval under the Earthquake Recovery Act to repair the building. At this time, the applicant returned the residential wing to its original residential use with a maximum capacity of six residents who were participating in the supervised residential and educational program for young women emancipated from foster care. The residential education program has been in continuous operation since 1996. ANALYSIS Proposed Ordinance Pursuant to SMMC Section 9.04.02.030.715, residential facilities with six or fewer residents are considered a family dwelling for all zoning purposes. The proposed 2 ordinance adds a definition of a residential housing and educational facility, that provides non-permanent housing accommodations with supervision for young adults, at least 18 years of age, emancipated from foster care. Such a facility may also provide meals, counseling, and other services, as well as common areas for the residents of the facility. Further, SMCC Section 9.04.08.02.020 would be modified to allow residential and educational programs for young adults emancipated from foster care subject to the approval of a Conditional Use Permit. Staff believes that this type of facility is comparable to a domestic violence shelter in both the intent of the service to protect and educate young adults while providing a temporary home and the land use aspect to provide residential dormitory style living with related services and common areas. Domestic violence shelters, which are permitted uses in the R1 District, are defined as ”a residential facility which provides temporary accommodations to persons or families who have been made the victims of domestic violence. Such a facility may also provide meals, counseling and other services, as well as common areas for the residents of the facility” (SMMC Section 9.04.02.030.240). The Zoning Ordinance does not limit the number of residents permitted in a Domestic Violence Shelter. In addition to being substantially similar to a use that is already permitted in the R-1 Single-Family Residential District, this use is consistent with the provisions of Land Use Element Objective 1.1 to “Improve the quality of life for all residents by providing a balance of land uses consistent with: 3 ? Recognizing that the City is part of a metropolitan area with regional social problems; and ? Providing adequate housing for City residents of all incomes.” The proposed use is also consistent with Residential Objective 1.10 to “Expand the opportunity for residential land use while protecting the scale and character of existing neighborhoods,” in that this type of program will allow for young adults who might not have the opportunity to live in a comfortable, safe and supportive environment to benefit from the growth opportunities that such an environment offers, while requiring that the land use be governed by a discretionary permit so that appropriate conditions may be applied. Planning Commission Action On July 9, 2003 the Planning Commission reviewed the proposed ordinance amendment and unanimously recommended City Council approval. Additionally, the Planning Commission reviewed and provisionally approved Conditional Use Permit 02- 028 to amend existing Conditional Use Permit #132 to allow for a total of no more than th twelve residents at 2019 14 Street, subject to approval of the proposed ordinance. A copy of the staff report is contained in Attachment B. The approved Conditional Use Permit for the YWCA facility would allow for a supervised residential and educational facility for 12 young women emancipated from foster care in the R-1 Single-Family 4 Residential District within an existing building that is compatible with surrounding uses. This CUP would supercede the prior Conditional Use Permit #132, approved in 1970. Conclusion The existing use is not specifically defined by the Zoning Code, but is substantially similar to the land use and concept of a domestic violence shelter, which is allowed by right in the R-1 Single-Family Residential District. The proposed use is consistent with General Plan Land Use Element Objectives 1.1, and Objectives 1.10. The text amendment will allow supervised residential and educational facilities for young adults emancipated from foster care in the R-1 Single-Family Residential District with a Conditional Use Permit to allow for any necessary conditions of approval to ensure compatibility with adjacent single-family residences. CEQA STATUS The project is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15305(a), Class 5 of the State Implementation Guidelines in that the project involves a minor alteration in the land use limitations on parcels which have a slope of less than 20% and does not result in any change in land use or density in that the text amendment would allow a land use which would be no more intense than other currently allowed land uses in the R-1 District. The project is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 of the State Implementation Guidelines in 5 that the project involves the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment or topographic features involving negligible or no expansion of use beyond that existing at the time of lead agency’s determination. Residential zoning does not limit the number of residents that may occupy a single-family dwelling. PUBLIC NOTIFICATION Pursuant to Municipal Code Sections 9.04.20.22.050 (a), notice of the public hearing was published in the California section of the Los Angeles Times at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment C. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is recommended that the Council introduce the proposed ordinance for first reading. Prepared by: Suzanne Frick, Director Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner 6 Kimberly Christensen, AICP, Senior Planner Sarah Lejeune, AICP, Associate Planner, City Planning Division Planning and Community Development Department Attachments: A. Proposed Ordinance B. Planning Commission Staff Report w/attachments A-F, July 2, 2003 C. Public Notice 7 ATTACHMENT A PROPOSED ORDINANCE 8 f:\plan\share\council\strot\2003\03TA006-02CUP028YWCA ordinance.doc City Council Meeting 8-12-03 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE CITY’S ZONING ORDINANCE TO ADD SECTION 9.04.02.030.718 TO ESTABLISH A DEFINITION FOR SUPERVISED RESIDENTIAL AND EDUCATIONAL FACILITY FOR YOUNG ADULTS EMANCIPATED FROM FOSTER CARE AND TO AMEND SECTION 9.04.08.02.050 TO ALLOW THIS USE IN THE R-1 SINGLE FAMILY RESIDENTIAL DISTRICT SUBJECT TO A CONDITIONAL USE PERMIT WHEREAS, the City’s Zoning Ordinance does not currently allow a residential facility of greater than six occupants in the R1 zone; and WHEREAS, this proposed ordinance would amend the Zoning Code to add a definition for a supervised residential and educational facility for young adults emancipated from foster care and authorize this use in the R-1 Zone by a Conditional Use Permit; and WHEREAS, this facility would provide non-permanent housing accommodations with supervision for young adults, at least 18 years of age, emancipated from foster care and may also provide meals, counseling, and other services, as well as common areas for residents of the facility; and WHEREAS, this proposed facility is comparable to a domestic violence shelter which is a permitted use in the R1 Zone; and 9 WHEREAS, the YWCA Housing Education Program requested the proposed amendment in order to allow the addition of beds at its existing facility; and WHEREAS, on July 9, 2003, the Planning Commission conducted a public hearing and voted 7 to 0 to recommend that the City Council adopt this Zoning Ordinance text amendment; and WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance amendments on August 12, 2003; and WHEREAS, the proposed amendments are consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, specifically, Land Use Element Objective 1.1 which states that the City should “Improve the quality of life for all residents by providing a balance of land uses consistent with: Recognizing that the City is part of a metropolitan area with regional social problems; and Providing adequate housing for City residents of all incomes; and WHEREAS, the proposed amendments are consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, specifically, Land Use Element Objective 1.10 which provides that the City should “Expand the opportunity for residential land use while protecting the scale and character of existing neighborhoods; and WHEREAS, the City Council finds and declares that the public health, safety, and general welfare require the adoption of the proposed amendments in that this land use will provide a much needed service for young adults by providing an opportunity to live in a comfortable, safe and supportive environment and to benefit from the opportunities that such an environment offers, while requiring that the land use be approved only after 10 site specific conditions of operation have been imposed to ensure neighborhood compatibility, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9.04.02.030.718 is hereby added to the Santa Monica Municipal Code to read as follows: 9.04.02.030.718 Residential Housing and Educational Facility For Young Adults Emancipated From Foster Care A residential housing and educational facility that provides supervised non-permanent housing accommodations for young adults, at least 18 years of age, emancipated from foster care. Such a facility may also provide meals, counseling, and other services, as well as common areas for the residents of the facility. SECTION 2. Santa Monica Municipal Code Section 9.04.08.02.050 is hereby amended to read as follows: 9.04.08.02.050 Conditional permitted uses. The following uses may be permitted in the R1 District subject to the approval of a conditional use permit: 11 (a) Residential Housing and Educational Facility For Young Adults Emancipated From Foster Care (a) (b) Schools. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the 12 official newspaper within 15 days after its adoption. This Ordinance shall be effective thirty (30) days from adoption. APPROVED AS TO FORM: _________________________ MARSHA JONES MOUTRIE City Attorney F:\ATTY\MUNI\LAWS\BARRY\03TA006-02CUP028YWCA.wpd 13 ATTACHMENT B PLANNING COMMISSION STAFF REPORT WITH ATTACHMENTS A-I, DATED JULY 2, 2003 14 CP:JT:AS:KC:SDL:f:\plan\share\pc\strpt\02\02CUP028 03TA006.doc Santa Monica, California Planning Commission Mtg: July 2, 2003 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Text Amendment 03-006; Conditional Use Permit 02-028 th Address: Citywide (Text Amendment), 2019 14 Street (Conditional Use Permit) Applicant: YWCA Housing Education Program, Sally Young, Executive Director INTRODUCTION Action: Application for a text amendment to add SMMC Section 9.04.08.02.050(b) to allow residential housing and educational facilities for young adults emancipated from foster care in the R1 Single-Family Residential District with a Conditional Use Permit, and to add SMMC Section 9.04.02.030.718 to establish a definition for this use. Application for a Conditional Use Permit to allow a residential housing and educational th facility for 12 women emancipated from foster care at 2019 14 Street. Recommendation 1. Recommend approval of Text Amendment 03TA-006 to the City Council; and 2. Approve Conditional Use Permit 02CUP-028. Permit Streamlining Expiration Date: Not Applicable to projects requiring a text amendment. SITE LOCATION AND DESCRIPTION The subject property is an approximately 43,377 square-foot corner parcel located at thth the northeast corner of Bay Street and 14 Street with a 14 Street frontage of 159.6 feet and a Bay Street frontage of 272.5 feet. Surrounding uses consist of vacant Santa Monica College land directly to the north. The long-range plan for this site is a community oriented literacy center and a temporary site for the international student programs. The EIR analysis for the Santa Monica College project will begin in September, and construction is anticipated to begin in 2005. There are single-family residential (R1) dwellings to the south, single-family residential (R1) dwellings to the east, and single-family residential (R1) dwellings to the west, adjacent to commercial uses along Pico Boulevard. 15 Zoning District: Single-Family Residential (R1) District Land Use District: Low Density Housing Parcel Area: Approximately 43,377 square feet PROJECT DESCRIPTION The proposed project consists of a Text Amendment and a Conditional Use Permit Application. The Text Amendment would add SMMC Section 9.04.08.02.050(b) to allow a residential housing and educational facility for young adults emancipated from foster care in the R1 Single-Family Residential District with a Conditional Use Permit, and add SMMC Section 9.04.02.030.718 establishing a definition for a residential housing and educational facility for young adults emancipated from foster care. The Conditional Use Permit request would allow the existing YWCA to increase the number of beds in its residential wing from six to twelve. The existing facility is designed as a large house with upstairs bedrooms and bathrooms and a downstairs kitchen, dining and support space. The residential wing was attached to the YWCA facilities at the time the facilities were constructed. The residential wing houses the supervised housing and educational program for young women emancipated from foster care. The program provides a temporary living space for young woman who are released from foster care at age 18, while requiring that they attend school full time and work. The program lasts two and a half years. Attachment G describes the program in detail. Existing on-site uses include a single-story cottage for administrative use and the two-story YWCA building containing a gym, bathrooms, offices and classrooms, and a residential wing containing a living room, a dining room, bathrooms, kitchen and office space on the ground floor, and bedrooms, a computer room, a sick room and a TV room on the second floor. The proposed text amendments are proposed because the current code does not allow for a residential facility of greater than six occupants in the R1 Zone. This amendment would first create a definition of the use, a residential and educational facility for young adults emancipated from foster care, and then allow for the use in the R1 Zone subject to a Conditional Use Permit. The Conditional Use Permit would allow for discretionary review and the inclusion of appropriate conditions and restrictions to address specific site conditions and limit the number of occupants as appropriate for a proposed site. CEQA STATUS The project is categorically exempt (Class 5) from the provisions of CEQA pursuant to Section 15305(a) of the State Implementation Guidelines in that the project involves a minor alteration in the land use limitations on parcels which have a slope of less than 20% and does not result in any change in land use or density in that the text amendment would allow a land use which would be no more intense than other currently allowed land uses in the R1 District. The project is categorically exempt (Class 1) from the provisions of CEQA pursuant to Section 15301 of the State Implementation Guidelines in that the project involves the operation, repair, 16 maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographic features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. As the proposed use does not propose to change the physical configuration of the site, it is not considered an intensification of the land use. Residential zoning does not limit the number of residents that may occupy a single- family dwelling. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed use is consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A with the approval of the proposed text amendment and conditional use permit. HISTORIC RESOURCES INVENTORY STATUS The existing building was built in 1933, and it is not listed on the historic resources inventory. No interior or exterior changes are proposed to the existing structure. RENT CONTROL STATUS Non-rental exempt. FEES The project is not subject to any special City Planning related fees. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting requirements set forth by the Zoning Administrator, prior to application filing the applicant posted a sign on the property regarding the subject application. Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. A copy of the site-posting photograph is contained in Attachment B. It is the applicant's responsibility to update the hearing date if it is changed after posting. In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a (500 foot) radius of the project and a display ad was published in the “California” Section of The Los Angeles Times at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment C. On March 10, the applicant/appellant was notified by phone of the subject hearing date. As of the writing of this staff report the applicant has not held any neighborhood meetings to discuss the project. A letter of support from a neighbor is included as Attachment H. 17 ANALYSIS Background The residential portion of the existing structure was built in 1933 as a home for girls whose families could no longer take care of them. The residence was designed to accommodate 22 young women. This residential use continued through 1969, when the YWCA purchased the building, and a YWCA facility was added to the residential structure. Conditional Use Permit 132, approved in 1970, allowed the YWCA to add the gym building and associated offices, bathrooms and classrooms. Condition (f) of this Conditional Use Permit requires that all future construction, enlargement or alterations be subject to review by and approval of the Zoning Administrator. In 1996, the project received a plan check approval under the Earthquake Recovery Act to repair the building. At this time, the applicant returned the residential wing to its original residential use. The maximum capacity allowed six residents who were participating in the supervised residential and educational program for young women emancipated from foster care. The residential education program has been in continuous operation since 1996. Code Compliance The current use is in compliance with the Conditional Use Permit under which it was approved. There are no proposed changes to the site or exterior of the building with this application. Zoning Text Amendment Pursuant to SMMC Section 9.04.02.030.715, residential facilities with six or fewer residents are considered a family dwelling for all zoning purposes. The proposed text amendment adds a definition of a residential housing and educational facility, that provides non-permanent housing accommodations with supervision for young adults, at least 18 years of age, emancipated from foster care. Such a facility may also provide meals, counseling, and other services, as well as common areas for the residents of the facility. Further, SMCC Section 9.04.08.02.020 would be modified to allow residential and educational programs for young adults emancipated from foster care subject to the approval of a Conditional Use Permit (Attachment E). The proposed text amendment defines the proposed use as a non-permanent home for young adults who are “emancipated” from foster care. The definition allows the facility to provide counseling and mentoring services by the program staff available 24 hours a day. Staff believes that this type of facility is comparable to a domestic violence shelter in both the intent of the service, to protect and educate young women while providing a temporary home, and the land use aspect, to provide residential dormitory style living with related services and common areas. Domestic Violence Shelters, which are permitted uses in the R1 District, are defined as ”A residential facility which provides 18 temporary accommodations to persons or families who have been made the victims of domestic violence. Such a facility may also provide meals, counseling and other services, as well as common areas for the residents of the facility” (SMMC Section 9.04.02.030.240). The Zoning Ordinance does not limit the number of residents permitted in a Domestic Violence Shelter. In addition to being substantially similar to a use that is already permitted in the R-1 Single-Family Residential District, this use is consistent with the provisions of Land Use Element Objective 1.1 to “Improve the quality of life for all residents by providing a balance of land uses consistent with: ? Recognizing that the City is part of a metropolitan area with regional social problems; and ? Providing adequate housing for City residents of all incomes.” The proposed use is also consistent with Residential Objective 1.10 to “Expand the opportunity for residential land use while protecting the scale and character of existing neighborhoods,” in that this type of program will allow for young adults who might not have the opportunity to live in a comfortable, safe and supportive environment to benefit from the growth opportunities that such an environment offers, while requiring that the land use be governed by a discretionary permit so that appropriate conditions may be applied. The applicant’s proposed language refers to a residential housing and educational program. Since the Zoning Ordinance addresses land uses, staff believes that the text amendment language should be modified to refer to a residential housing and educational facility rather than a program. Furthermore, staff proposes that the text amendment language for the definition and conditionally permitted use be broadened from that proposed by the applicant to include young adults rather than just young women. The proposed definition would then be “a residential housing and educational facility for young adults emancipated from foster care” (Attachment F). Conditional Use Permit Conditional Use Permit #132, requires amendment to limit the number of residents associated with the YWCA residential and educational program to 12. Although the majority of the site comprised of the YWCA gym and related programs is a legal non- conforming use approved by Conditional Use Permit in 1970, the residential use is consistent with both the Zoning and the Land Use Element objectives for residential use in that, consistent with the Land Use Objectives 1.1 and 1.10, it expands the opportunities for residential land use to residents in difficult circumstances resulting from regional social problems, while protecting the existing scale and residential character by using an existing residential facility. The existing structure has a residential appearance, and no modifications t o the structure are required to accommodate the increase in residents. Conditional Use Permit application 02-CUP-028 was filed to amend the existing Conditional Use Permit #132 condition (g) such that the site may accommodate up to 12 19 non-permanent residents in addition to the previously permitted 3 permanent staff. The applicant does not propose to alter any other conditions of approval from the existing Conditional Use Permit. The facility would also be in compliance with the proposed text amendment that would establish a requirement for a Conditional Use Permit for “a residential housing and educational facility for young adults emancipated from foster care.” Without approval of the proposed text amendment the facility would be unable to increase the number of residents above six. Therefore, the text amendment is needed to authorize the increase from 6 to 12 residents. Project Design The proposed project does not require any physical changes to the existing structure. As the need arises the program will add up to six additional beds in the existing second story dormitory rooms, with two to three young women residing in each bedroom. Accommodations would be provided for a total of 12 young women. Parking and Circulation The existing 11,183 square foot YWCA building, 1,280 square foot administrative cottage, and 2,062 square foot residence all utilize a 41-space parking lot. The original th 1970 Conditional Use Permit required that all access be from 14 Street, and that 40 parking spaces be provided. Consistent with this requirement the lot has one driveway th to 14 Street and provides 41 parking spaces, one more space than was originally required. The proposed additional beds will not change the parking requirement or the on-site circulation. As there is no definition for this use in the Zoning Ordinance parking standards, staff has used the parking standard of 0.5 parking spaces per bedroom for the closely correlating use of a Domestic Violence Shelter. As the project does not propose any additional bedrooms, there is no requirement for additional spaces. For the most part the residents do not have cars, and the site is in close proximity to the Big Blue Bus. Further, as the residents both attend school and work off site, any demand for parking would be primarily at night when the lot is not at capacity. Neighborhood Compatibility Staff believes that adding beds to the existing residential use is compatible with the site’s residential zoning. There is no definition in the Zoning Ordinance that correlates exactly with the residential and education program, but SMCC Section 9.04.08.02.020 (i) permits domestic violence shelters in the R-1 Single-Family Residential District. Domestic violence shelters have a similar function and substantially the same land use as the proposed use in that they provide non-permanent accommodations, counseling and other services, and are considered compatible with other R-1 uses. There is no limit to the number of residents in a domestic violence shelter. The land use of the proposed project is essentially residential; the young women will reside in the existing house, living dormitory style, sleeping, preparing meals and studying in the building. The use is consistent with the purpose of the R1 district as stated in SMMC Section 9.04.08.02.010 in that the use “serves to maintain and protect the character of the existing neighborhood.” The proposed project will maintain the existing residential use without external changes. 20 Conclusion The existing use is not specifically defined by the Zoning Code, but is substantially similar to the land use and concept of a domestic violence shelter, which is allowed by right in the R-1 Single-Family Residential District. The proposed use is consistent with General Plan Land Use Element Objectives 1.1, and Objectives 1.10. The text amendment will allow supervised residential and educational facilities for young adults emancipated from foster care in the R-1 Single-Family Residential District with a Conditional Use Permit to allow for any necessary conditions of approval to ensure compatibility with adjacent single-family residences. The proposed Conditional Use Permit for the YWCA facility would allow for a supervised residential and educational facility for 12 young women emancipated from foster care in the R-1 Single-Family Residential District within an existing building that is compatible with surrounding uses and would supercede the existing Conditional Use Permit #132, approved in 1970. ALTERNATIVES Other than the recommended action, the Planning Commission may: Approve Text Amendment 03-006 and Conditional Use Permit 02-028 based upon revised findings and conditions; or Deny Text Amendment 03-006 and Conditional Use Permit 02-028 without prejudice, based upon revised findings; or Deny Text Amendment 03-006 and Conditional Use Permit 02 028 based upon revised findings. RECOMMENDATION It is recommended that the Planning Commission recommend approval to the City Council of the text amendment to add SMMC Section 9.04.02.030.718 to add a definition of this land use; add SMMC Section 9.04.08.02.050(b) to include a supervised residential and educational facility for young adults emancipated from foster care with a Conditional Use Permit, and to approve a Conditional Use Permit to amend the existing Conditional Use Permit #132 to allow for a total of no more than twelve residents subject to the following findings and conditions. FINDINGS Text Amendment Findings 1. The proposed amendment is consistent in principal with the goals, objectives, policies and land uses and programs specified in the adopted General Plan in that it addresses the clauses of Land Use Element Objective 1.1 to “Improve the quality of life for all residents by providing a balance of land uses consistent with: ? Recognizing that the City is part of a metropolitan area with regional social problems; and 21 ? Providing adequate housing for City residents of all incomes;” by providing housing and education to young adults who might otherwise suffer more greatly from regional social problems. In addition, the proposed text amendment meets Residential Objective 1.10 of the Land Use Element by expanding residential opportunity for young adults who will benefit from a safe and supportive living environment while protecting the scale and character of existing neighborhoods by providing that the use be subject to a CUP in order to require appropriate conditions to ensure neighborhood compatibility. 2The public health, safety, and general welfare require the adoption of the . proposed amendment in that the proposed land use provides a much needed service that will both protect and empower the young adults who use it, consistent with the City’s social service policiesstated in the Land Use Objective 1.1 to “Improve the quality of life for all residents by providing a balance of land uses consistent with recognizing that the City is part of a metropolitan area with regional social problems and by providing adequate housing for City residents of all incomes.” Conditional Use Permit Findings 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that the proposed use meets all applicable Zoning requirements has been conditioned to be compatible with the neighborhood context. 2. The proposed use would not impair the integrity and character of the district in which it is established in that it is a continuation of an already existing use which would increase the number of women residents from six to twelve in a building that housed up to 22 residents from 1933 until 1969. The proposed change does not involve any physical change to the facility, and continues to be appropriate to the existing context in that the 12 total residents will be housed in a building designed for 22, and there will be no increase in parking requirements. 3. The subject parcel is physically suitable for the type of land use being proposed in that the building was originally designed to serve 22 residents, and will now be serving a maximum of 12 residents. Further, the original site, parking and circulation conditions of Conditional Use Permit UP-132 approved in 1970 will continue to be met. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain in that the use is a continuation of an existing use that has been in continuous operation since 1996 with out any negative impacts to the surrounding uses. 5. The proposed use would be compatible with existing permissible land uses within the district and the general area in which the proposed use is to be located in that 22 the proposed use is substantially comparable to a Domestic Violence Shelter which is permitted by right in the R1 Single-Family Residential District. Both a Domestic Violence Shelter and the proposed use are principally domestic residential uses, which are used much as a single family dwelling for sleeping, eating, and relaxing with family members. The intent of the residential educational program is to provide the same supportive environment as a family dwelling. The size of the residence and site is comparable to many large residential structures in the R-1 district. 6. There are adequate provisions for water, sanitation and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety in that these are existing facilities. 7. Public access to the proposed use shall be adequate in that the building is a private residence and will remain a private residence, and public access to the YWCA parking lot will not be changed. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood in that the exterior of the existing 1933 stucco residence will not be changed, and that the existing facility is a well designed building appearing to be a large scale single family residence which is compatible with other residences of similar scale in the R1 districts in Santa Monica. 9. The proposed use is consistent with the goals, objectives and policies of the General Plan in that it addresses the clauses of Land Use Element Objective 1.1 to “Improve the quality of life for all residents by providing a balance of land uses consistent with: ? Recognizing that the City is part of a metropolitan area with regional social problems; and ? Providing adequate housing for City residents of all incomes;” by providing housing and education to young women who might otherwise suffer more greatly from regional social problems. In addition the proposed use meets the Residential Objective 1.10 of the Land Use Element by expanding residential opportunity while protecting the scale and character of existing neighborhoods by using an existing building of residential scale. 10. The proposed use would not be detrimental to the public interest, health, safety and convenience and general welfare in that the proposed use will not physically change the existing site and will provide a significant benefit to the young women who are housed there, preventing them from becoming among the 60% of young adults emancipated from foster care who become homeless within one year of emancipation and thus meeting the Land Use Element Objective 1.1 to “Improve the quality of life for all residents by providing a balance of land uses consistent with: recognizing that the City is part of a metropolitan area with regional social problems; and providing adequate housing for City residents of all incomes.” 23 11.The proposed use will not result in the over-concentration of such uses in the immediate vicinity in that this is the only program of this kind in the City. CONDITIONS Plans 1. This approval is for those plans dated 3/17/03, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. This permit shall not become effective until the effective date of the ordinance adopting text amendment 03-006. This CUP shall replace and supercede all prior conditions of UP-132. 2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. Environmental Mitigation 4. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow showerhead.) 5. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Environmental and Public Works Management for its approval. The recycling plan shall include 1) list of materials such as white paper, computer paper, metal cans, and glass to be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4) nature and extent of internal and external pick-up service; 5) pick-up schedule; 6) plan to inform tenants/ occupants of service. Miscellaneous Conditions 6. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. 7. Street and/or alley lighting shall be provided on public rights-of-way adjacent to the project if and as needed per the specifications and with the approval of the Department of Environmental and Public Works Management. 24 8. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC Section 4.12.040. The owner or contractor shall provide equipment for the test and the owner or contractor shall conduct the test. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone. 9. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors, which may be heard outdoors. 10. Within 30 days of the permit’s effective date, the applicant shall post a sign th adjacent to the 14 Street exit of the subject site in an enclosed weatherproof case stating that the site is regulated by a Conditional Use Permit and post the Statement of Official Action, which includes the establishment’s conditions of approval. This notice shall remain posted at all time the establishment is in operation. Validity of Permits 11. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 12. Within ten days of Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the Conditions of Approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 13. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the appeal. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within one year from the permit’s effective date. Exercise of rights shall mean actual commencement of the use granted by the permit. One six-month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval. Additionally, the rights associated with this approval shall expire if the establishment ceases operation for a period of one year or longer. 25 Special Conditions th 14. All vehicular access shall be from 14 Street. 15. Suitable screening, either wall, fence or planting, or a combination thereof shall be maintained at a height of not less than five feet along the Bay Street frontage of the property except that a gate may be maintained for pedestrian access. 16. No part of the property shall be used as a permanent dwelling place for more than two and a half years, except that up to three persons employed by the organization may live on the premises should the organization find this to be desirable. Prepared by: Sarah Lejeune, Associate Planner Attachments: A. Municipal Code and General Plan Conformance B. Site Posting Photo C. Notice of Public Hearing D. Radius and Location Map E. Applicant’s Proposed Text Amendment F. Staff’s Proposed Text Amendment G. Description of Program H. Letters of Support I. Photographs of Site and Surrounding Properties J. Plot Plan, Floor Plans and Elevations sdl F:\PLAN\SHARE\PC\STRPT\02\02CUP028 03TA006.doc July 5, 2007 26 ATTACHMENT C PUBLIC NOTICE 27 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Text Amendment (03TA-006) City Wide APPLICANT: Santa Monica YWCA A public hearing will be held by the City Council to consider the following request: Application for a Text Amendment to add Section 9.04.02.030.718 to establish a zoning definition for a residential housing and educational facility for young adults emancipated from foster care and to add SMMC Section 9.04.02.050(b) to allow a residential housing and educational facility for young adults emancipated from foster care in the R1 Single-Family Residential District, subject to a Conditional Use Permit. DATE/TIME: TUESDAY, August 12, 2003, AT 6:45 p.m. LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting. Address your letters to: City Clerk Re: 03TA-006 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Sarah Lejeune, AICP, Associate Planner, at (310) 458-8341, or by e-mail at Sarah-Lejeune@santa-monica.org. The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.santa-monica.org. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPAÑOL Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341. 28 APPROVED AS TO FORM: ___________________________ JAY M. TREVINO, AICP Planning Manager F:\PLAN\SHARE\COUNCIL\NOTICES\03TA-006.doc 29