SR-402-001 (29)
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Council Mtg: October 10, 1989
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Santa Monica, California
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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.
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RECOMMENDATION
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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
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PROJECT
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STATEMENT OF OFFICIAL ACTION
NUMBER: CUP 89-005 and VAR 89-003
LOCATION: 1865 through 1871 Ninth street
APPLICANT: CLARE Foundation
REQUEST:
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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09/18/89
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