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SR-402-001 (29) . L/cZ,---()C// . I .. \Q---~ CjED:PB:DKW:LM Council Mtg: October 10, 1989 O,~T ~ v I 1 \J l::'l;IJ Santa Monica, California I-i 0 if- - 00 I TO: Mayor and city Council FROM: City staff SUBJECT: Certification of statement of Official Action for Appeal of Planning Commission Approval of CUP 89-005 and VAR 89-003 for a 20 Bed Residential Care Facility and Kitchen and Dining Facilities and Offices for the CLARE Foundation to be located at 1865-1869 Ninth Street. INTRODUCTION This report recommends that the city Council certify the attached statement of Official Action for the above referenced appeal. BACKGROUND After a public hearing, and careful review of the record and staff recommendation, the City Council denied an appeal of the Planning Commission's approval of a proposal to construct a two storyj23 I, 20 bed dormitory for use as an adult recovery home, and to convert an existing duplex located at 1865-1869 9th street to kitchen and dining facilities for the dormitory, and offices for the CLARE Foundation subj ect to the modified findings and conditions contained in the statement of Official Action. The modification to the conditions of approval specifically related to the Planning Director's review of the CLARE Foundation's compliance with the specific conditions of approval, and reporting those findings to the Planning Commission within two years of issuance of a Certificate of Occupancy. (o-F firT . f' 10-9 .~"...' ~ _ ........ #-.Je . . RECOMMENDATION , , It is respectfully recommended that the Council certify the attached statement of Official Action. Prepared by: Larry Miner, Associate Planner D. Kenyon Webster, Principal Planner Paul Berlant, Director of Planning Planning Division Community and Economic Development Department Attachment: City council statement of Official Action LM HP/CUP895CC 09/18/89 , , PROJECT . . STATEMENT OF OFFICIAL ACTION NUMBER: CUP 89-005 and VAR 89-003 LOCATION: 1865 through 1871 Ninth street APPLICANT: CLARE Foundation REQUEST: , , Appeal of Planning Commission approval of a Pro- posal to remove an existing one story duplex lo- cated at 1865 Ninth street and construct a two story/23', 20 bed dormitory for use as an adult recovery home, and to convert an existing two story duplex located at 1869 Ninth Street to kitchen and dining facilities for the dormitory, and offices for the CLARE Foundation. The re- placement of stairways leading to the second level walkway located along the northern eleva- tion of the building located at 1871A Ninth Street, and the addition of a laundry room at 1871B Ninth street are also proposed. Applicant: CLARE Foundation. Appellant: John Chung. CITY COUNCIL ACTION 9-12-89 Date. Approved based on the following findings and subject to the conditions below. Denied. X Other. Appeal denied. Planning commission ap- proval upheld with modification to conditions. PARKING VARIANCE FINDINGS 1. There are special circumstances or exceptional charac- teristics applicable to the property involved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification, in that there are no specific parking requirements for residential care facili- ties, and the application of office parking requirements to the entire support facility is also not appropriate. In addition, most of the clients will not be driving to the facility, and their stays are of a short duration. / - 1 - . . 2. The granting of such variance will not be detrimental or injurious to the property or improvements in the general vicinity and district in which the property is located, in that by expanding the existing facility, additional coun- seling, living and eating space will be available, thereby reducing the impact of the existing facility on the sur- rounding neighborhood. 3. The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships, in that it would be impossible to maintain the existing structure and provide the required number of parking spaces at the rear of the site. 4. The granting of a variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, or to the goals, objectives, and policies of the General Plan, in that the proposed use is a conditionally permitted use, and one which provides a community service. , I 5. The variance would not impair the integrity and character of the district in which it is to be located, in that some parking is provided on site, and the majority of the new construction will not generate any additional traffic. 6. The subject site is physically suitable for the proposed variance, in that it is level, and it will accommodate the proposed structures with the required setbacks and lot coverage requirements being met. 7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed variance would not be detrimental to public health and safety, in that all public utilities are available to the site. 8. There will be adequate provisions for public access to serve the subj ect proposal, in that all parking will be accessed from the rear alley. 9. The strict application of the prov~s~ons of Chapter 10 of the city of Santa Monica Comprehensive Land Use and Zoning Ordinance would result in unreasonable deprivation of the use or enj oyment of the property, in that there are no specific parking requirements for the proposed type of use, and no specific studies that would indicate what type of demand this type of use would generate. In addition, the the parking requirements set forth result in an unrea- sonable deprivation of the use of the property. 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 IfCity of Santa Monica Comprehensive Land - 2 - . . Use and Zoning Ordinance", in that community care facili- ties are conditionally permitted in the R2 zoning district per SMMC section 9012.4(c). 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the proposed use is an expansion of an existing adult recovery facility. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the proposed dormitory will provide required side and front yard setbacks, and will not exceed the maximum permitted lot coverage of 50% (a lot coverage of 39% is proposed). 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 dormitory will conform with the R2 development standards pertaining to height and setback. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the proposed use will provide additional counseling and housing area for the existing overcrowded facilities. 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 all public utilities are available to the subject site. 7. Public access to the proposed use will be adequate, in that all access to the site is taken from a rear alley. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the height and bulk of the new dormitory will conform with the majority of the multi- family residential development in the area. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the proposed use will provide a community service, and the CLARE Foundation is a highly regarded provider of the type of service proposed. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the facilities will be closely supervised by trained staff and the CLARE Foundation's past record is exemplary. ll. The proposed use conforms precisely to the applicable per- formance standards contained in subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, Section - 3 - . . 9055 of the city of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that since there are no specific requirements relating to this type of community care facility these code sections are not applicable. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that there are only ten beds in the existing facility, and the proposed additional twenty beds will contribute to relieving over- crowding conditions for both recovering alcohol ics and staff. CONDITIONS Plans 1. This approval is for those plans dated June 1, 1989 a copy of which shall be maintained in the files of the city Planning Division. Project development shall be consis- tent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. , , 5. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 6. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials; window treatment; glazing; and landscaping. Fees 7. The city is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain types of new development, and - 4 - . . annual fees to be paid by certain types of employers in the city. This ordinance may require that the owner of the proposed proj ect pay such new development fees / and that employers within the project pay such new annual em- ployer fees related to the City's Transportation Manage- ment Plan. Demolition 8. until such time as the demolition is undertaken, and un- less the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveil- lance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscap- ing material remaining shall be watered and maintained until demolition occurs. 9. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 ( CCS) . 10. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. f Construction II. Unless otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 12. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. 13. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. 14. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City1s Tree Code (Ord. l242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. - 5 - . . 15. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General Services prior to issuance of a building permit. As ap- plicable, this plan shall l) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors and subcontractors as well as the developer and architect: 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or side- walk is proposed to be used in conjunction with construc- tion; 5) Set forth the extent and nature of any pile- driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewater- ing and its effect on any adjacent buildings; 8) Describe anticipated contruction-related truck routes I number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) state whether any construction activity beyond normal- ly permitted hours is proposed; ll) Describe any proposed construction noise mitigation measures; 12) Describe con- struction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager. 16. A sign shall be posted on the property in a manner consis- tent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 17. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. , , Environmental Mitigation 18. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) 19. Landscaping plans shall comply with Subchapter 58 (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. - 6 - . . Miscellaneous Conditions 20. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 21. 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. 22. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. , , Validity of Permits 23. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 24. Within ten days of Planning Division transmittal of the statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 24. 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 ap- peal. Any appeal must be made in the form required by the Zoning Administrator. SPECIAL CONDITIONS 25. Enclosures accommodating all trash bins necessary to sup- port the operation of the entire CLARE Foundation site shall be provided in a location approved by General Ser- vices, and in a location that will not obstruct any exist- ing parking spaces. - 7 - . . 26. The applicant shall enter into an agreement with the City to meet all conditions and terms of any ordinance im- plementing Program 10 of the Housing Element, which is adopted by the City, prior to the applicant's receipt of a Certificate of Occupancy. , , There shall be no meetings conducted by outside organiza- tions on any of the R2 zone properties owned or operated by the CLARE Foundation as part of their alcohol recovery, and ancillary support facilities (Specifically the offices and kitchen facilities located at 186S, 1869 and 1871 Ninth streets). 28. The proposed kitchen and dining facilities shall be used to feed residents and staff only. 27. 29. Bus tokens shall be provided to residents of the dormitory that need them so as to lessen the residents need for pri- vate transportation. 30. If use of the proposed and existing facilities revert to any use other than a social service facility, parking shall be brought up to code for the new use. A review by the Planning Division of the proposed use, and its confor- mance with the Municipal Code and General Plan, shall also be performed prior to occupancy by any new tenants. 3l. The agreement entered into between the neighborhood resi- dents, PNA, and the CLARE foundation, and included in the June 21, 1989 letter to the Planning commission as Attach- ments 1 and 2, are incorporated as conditions of the proj- ect approval, and shall be fully complied with. 32. The Planning Director shall report to the planning Commis- sion within two years of issuance of a Certificate of Oc- cupancy for the proposed residential care facility as to compliance with the conditions of the subject conditional Use Permit and Variance. VOTE Ayes: Abdo, Genser, Jennings, Katz, Reed, Zane Nays: Abstain: Absent: Finkel NOTICE If this is a final decision not subject to further appeal under the city of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section - 8 - . . 1094.6, which prov1s1on has been adopted by the City pursuant to Municipal Code Section 1400. I hereby certify that this statement of accurately reflects the final determination council of the City of Santa Monica. Official Action of the city signature date print name and title I hereby agree to the above conditions of approval and acknowledqe that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title PC/CCCUP895 nh 09/18/89 , , - 9 -