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.
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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.
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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
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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:
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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
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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
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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
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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
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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
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ATTACHMENT A
PROPOSED ORDINANCE
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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
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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
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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:
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(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
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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
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ATTACHMENT B
PLANNING COMMISSION STAFF REPORT WITH ATTACHMENTS A-I,
DATED JULY 2, 2003
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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
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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
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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
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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.
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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,
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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.
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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
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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
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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
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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
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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.
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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
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?
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
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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:
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Recognizing that the City is part of a metropolitan area with
regional social problems; and
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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.”
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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.
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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
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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.
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Special Conditions
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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
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F:\PLAN\SHARE\PC\STRPT\02\02CUP028 03TA006.doc
July 5, 2007
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ATTACHMENT C
PUBLIC NOTICE
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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.
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APPROVED AS TO FORM:
___________________________
JAY M. TREVINO, AICP
Planning Manager
F:\PLAN\SHARE\COUNCIL\NOTICES\03TA-006.doc
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