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SR-121305-6A PCD:AA:AS:SR:RT:F:\CityPlanning\Share\COUNCIL\STRPT\2005\05APP-010 (1248-1260 18th Street).doc Council Mtg: November 22, 2005 Santa Monica, California TO: Mayor and Councilmembers FROM: City Staff SUBJECT: Appeal 05-010 of the Planning Commission’s Approval of Conditional Use Permit 05-004 and Variance 05-006 at 1248-1260 Eighteenth Street for the Expansion of the Unitarian Universalist Community Church of Santa Monica. Applicant: Unitarian Universalist Community Church of Santa Monica Appellant: Blair Calderhead INTRODUCTION This report recommends that the City Council deny the appeal and uphold the Planning Commission’s approval of Conditional Use Permit 05-004 to establish the Unitarian Universalist Community Church as a legal conforming use, allow a 3,402 square foot expansion to the existing church facility at 1260 Eighteenth Street, permit conversion of the existing residence at 1248 Eighteenth Street to a church office; and uphold the Planning Commission’s approval of Variance 05-006 to allow for the expansion of the church facility and conversion of the existing residence without providing the twelve additional parking spaces that would be required on site. BACKGROUND The subject Conditional Use Permit and Variance applications were submitted by the Unitarian Universalist Community Church to the City Planning Division on February 18, 2005. After holding a public hearing on July 20, 2005, the Planning Commission voted 1 to approve Conditional Use Permit 05-004 to establish the existing Unitarian Church as a legal conforming use and to allow the expansion detailed below: ? Construction of a 3,402 square foot, two-story addition to the existing social hall, including expansion of existing 1,153 square feet of classroom uses located in six rooms to 3,063 square feet of classroom uses located in eight rooms. ? Expansion of the existing sanctuary from 2,363 square feet and 201 seats to 3,198 square feet and 240 seats. ? Relocation of the existing residence at 1248 Eighteenth Street approximately 6’- 0” from the north side property line and 13’-0” toward the east property line to comply with current setback requirements, and conversion of the residence for use as a church office. ? Relocation of 1,301 square feet of office and nursery uses from the existing church sanctuary and Seventeenth Street property to the converted residence and proposed addition. ? Establishment of three on-site parking spaces accessed off the rear alley (Seventeenth Court). The Planning Commission also approved Variance 05-006 to allow the church facility expansion without providing twelve (12) of the fourteen (14) additional parking spaces required on-site for the additional square footage. The applicant will continue the shared use of an off-site Santa Monica-UCLA Medical Center parking garage located within approximately 500’ of the subject property on Sundays in lieu of providing on-site parking. A detailed description of the proposed project is contained in the July 20, 2005 Planning Commission staff report (Attachment B). 2 The appellant, Mr. Blair Calderhead, appealed the Planning Commission’s approval of the Conditional Use Permit and Variance on August 2, 2005. The appellant’s appeal statement is contained in Attachment C. Planning Commission Action The Planning Commission’s review of the Unitarian Universalist Community Church (church) facility expansion project included consideration of public testimony regarding an existing shortage of both on-site and off-street parking in the neighborhood that would be further exacerbated by the church failing to provide the required number of on- site parking spaces. The Commission also heard testimony in support of the church’s long-standing commitment to community service and the need for the proposed facility expansion. The applicant noted that a previous Conditional Use Permit (03CUP-008) and Variance (03VAR-018) was approved by the Planning Commission in 2004 for a similar project on site, and also included a similar provision for the continued implementation of a shared- use parking agreement with the Santa Monica-UCLA Medical Center. The Commissioners discussed with the applicant potential scenarios for providing more than the three (3) proposed on-site parking spaces, but found that it would be an unnecessary hardship for the applicant to provide the additional twelve required on-site parking spaces. Such a proposal would result in the elimination of key features of the project such as necessary classroom space, the children’s outdoor courtyard, and/or the 3 proposed church office to be converted from the existing bungalow on the adjacent parcel. The Commission also found that, as conditioned, the project: ? Will allow church activities to operate in more suitable spaces and generally does not intensify current uses on the property; ? Is a modest 3,402 square foot addition designed to be compatible with surrounding uses; ? Will not increase the number of activities nor increase the number of participants in activities or events at the church except for modest increases within the sanctuary; ? Provides for a shared parking agreement with the Santa Monica-UCLA Medical Center, which has been successfully utilized by the church for the past seventeen years; and ? Provides for a shared parking arrangement that allows for church use during Sunday services when the parking demand generated by the church is at its maximum. The Statement of Official which reflects the Planning Commission’s action is included as Attachment D. Minutes from the July 20, 2005 Planning Commission meeting are also included as Attachment E. 4 APPEAL ANALYSIS The appellant has appealed both the requested Conditional Use Permit and Variance associated with the proposed project. The appellant states that, due to the existing lack of parking available in the neighborhood, the applicant should be required to provide on site all fourteen parking spaces required for the proposed project. Therefore, the basis for the appeal appears to primarily relate to the parking Variance. The applicant proposes a modest 3,402 square foot expansion to the existing church facility. Fourteen additional parking spaces are required by Code to allow for the conversion of the residence, and for the enlargement of the sanctuary seating area and social hall, which includes the relocation of the nursery and the addition of two classrooms. The church has an existing agreement with the UCLA-Santa Monica Hospital that allows the church members to utilize the hospital’s employee and doctor’s parking facility on Sundays between 8:30 a.m. and 2:30 p.m., and later for special events. The UCLA-Santa Monica parking facility is approximately 500 feet from the church. There are typically at least 150 parking spaces available for church members/visitors on Sundays. The church is proposing to continue this arrangement to accommodate the additional parking request for the expansion. Although this parking is only available on Sundays, it is only on Sundays that the proposed project may result in a modest increase in parking demand. The applicant has also adopted a Good Neighbor Parking Impact Reduction Plan that is being implemented and distributed to all groups utilizing 5 church facilities. This Good Neighbor Plan requires that groups using the facility encourage participants to use alternative modes of transportation, and coordinate use of nearby off-street parking facilities when feasible. As conditioned, the proposed project would allow more space for the existing parishioners and for participants of existing programs offered at the facility, but would not facilitate expansion in enrollment or overall use of the facility, except for a potential modest increase in use at the sanctuary on Sundays (39 seats) and two new classrooms which will not be used during weekday evenings. The proposed uses and hours of operation for the church facility are the same as the current facility uses and hours of operation. The applicant will be required to maintain the existing shared parking agreement and the Good Neighbor Parking Impact Reduction Plan. The church will be not be permitted to use the two new classrooms during the weekday evenings as noted in the following conditions imposed by the Planning Commission: ? The applicant shall be obligated to maintain at all times a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property. Verification of this shared-parking agreement, or other communication acceptable to the City, must be provided annually. ? The applicant shall be required to implement at all times the adopted Unitarian Universalist Church of Santa Monica Good Neighbor Parking Impact Reduction Plan. The applicant shall submit verification of compliance with this requirement annually. ? The applicant shall be limited to using a maximum of six (6) classrooms from the hours of 5:00 p.m. to Midnight, Monday through Friday. 6 The provision of off-site parking addresses the increased parking requirement created by the modest expansion on Sundays when the sanctuary and church school are in operation and generate the highest demand for parking. In addition the number of parking spaces available to the church on Sundays at the UCLA-Santa Monica Hospital greatly exceeds the twelve additional on-site spaces required by the Municipal Code. Conclusion The appellant states that due to the existing lack of parking available in the neighborhood, the applicant should be required to provide on site all fourteen parking spaces required for the proposed project. However, the Planning Commission found that a modification to the off-street parking requirements for the project is warranted as the expanded church will not increase the number of activities nor increase the number of participants in activities or events at the church except for modest increases within the sanctuary. The Planning Commission also found that the shared parking agreement with the Santa Monica-UCLA Medical Center, which has been successfully utilized by the church for the past seventeen years, allows for church use during Sunday services when the parking demand generated by the church is at its maximum, without significant impact to the surrounding neighborhood. CEQA STATUS The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15303 and 15331, Class 3 (e) and Class 31, of the State Implementation CEQA Guidelines in that the project proposes an addition to 7 the existing church facility that is less than 10,000 square feet, and rehabilitation of a historic resource that is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. The existing sanctuary building is listed on the City’s Historic Resources Inventory with a 4S3 evaluation code. This evaluation indicates that the structure may become individually eligible for the National Register with expanded contextual information. As such, the building is locally eligible for City of Santa Monica Landmark designation, and is also considered a historic resource for the purposes of CEQA. Several minor exterior alterations to the existing church sanctuary building are proposed in order to accommodate the addition, including reversal of door swings, replacement of two windows with doors similar in style, and filling in one small window. Staff reviewed the proposed project and determined that it is consistent with the standards for rehabilitation as set forth in the Secretary of the Interior’s Standards for the Treatment of Historic Properties in that the proposed alterations and new construction would not detrimentally change, destroy, adversely affect, or materially impair the historic character of the church building. PUBLIC NOTIFICATION 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 to all members of the public who submitted a request to speak at the initial hearing. A notice of public hearing was also 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 A. In addition, 8 pursuant to Municipal Code Section 9.04.20.20.080, prior to the application filing the applicant posted a sign on the property regarding the subject application and has updated the information to reflect the pending Appeal hearing. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is recommended that the Council deny the appeal and uphold the Planning Commission’s approval of the project based upon the following findings and conditions of approval: 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 expansion of places of worship are permitted in the R2 Zone District by approval of Conditional Use Permit. The project, which relocates existing church uses from the existing buildings located on-site and across the alley to new facilities on the same site as the church is consistent with Objective 1.10 of the Land Use Element. Objective 1.10 calls for protecting the scale and character of existing neighborhoods and the proposal allows for additional space for existing on-site uses but does not increase the intensity of the uses that currently occur at the site, except for a potential modest increase in use of the sanctuary on Sundays. 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 proposal maintains the historic character of the site and original church structure that contribute to the neighborhood integrity and character, and the proposed addition combined with the existing structures on site have been designed to buffer outdoor activities that will occur in the courtyards from the surrounding residential uses. Additionally, the proposal will continue existing church uses on site that have occurred since its establishment in 1930 and the construction of the social hall in 1961. The 9 proposal is an effort to consolidate existing uses from a location across the alley on to the same site as the church. The expanded church will not increase the range of activities or events at the church except those that occur within the sanctuary associated with an increase of thirty-nine seats. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the proposed addition will occur on a relatively flat lot with no physical or topographic constraints. Additionally, the uses will be relocated from existing buildings on-site and from a location across the alley to an on-site location in the new addition. 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 church is the only existing on-site use and that this proposal is for an expansion of the space associated with this existing use. 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 is a continuation of existing permissible use. The project allows these continued uses to operate in more suitable spaces and generally does not intensify current uses on the property. The 3,402 square foot addition is designed to be compatible with surrounding uses. The expanded church will not increase the number of activities nor increase the number of participants in activities or events at the church except for modest increases within the sanctuary. 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 the proposed project is located on a fully developed parcel with adequate access to all necessary utilities and will not be detrimental to public health and safety. 7. Public access to the proposed use will be adequate, in that the church is an established community church that draws its membership from the surrounding neighborhood, allowing members to walk to the church. The site will have pedestrian access from both Eighteenth Street and Arizona Avenue and from the alley parking spaces. Public transportation to the site is available on Wilshire Boulevard (Big Blue Bus route No, 2), on Santa Monica Boulevard (Big Blue Buses routes No. 1 and No. 10), on Fourteenth Street and Twentieth Street (Big 10 Blue Bus route No. 11). On-street parking is limited to two hours between certain times, except for neighborhood residents. In addition, Condition #43 requires the applicant maintain at all times a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property. Verification of this shared- parking agreement, or other communication acceptable to the City, must be provided annually. 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 proposal will relocate a structure that is located in the required side yard setback area. The relocated structure will be moved from a location that is approximately 3’-0” from a side property line that is shared with a multi-family residence to a location that is compliant with the required side yard setback. The 3,402 square foot addition to the social hall is located at the rear of the property and is separated from surrounding residential uses by an alley to the west. Additionally, the location of the “L” shaped addition, the relocated residence and the existing buildings aid in buffering the interior courtyards from the surrounding residential uses. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Land Use Policy 3.1.3 encourages the “retention of historic and architecturally significant resources” and the expansion of the social hall retains a historically significant church sanctuary building. The proposed project is consistent with Land Use Objective 1.1 to “Improve the quality of life for all residents by providing a balance of land uses consistent with 1) recognizing that the City is part of a metropolitan area with regional social problems and 2) protecting the quality of life in all residential neighborhoods” since The Unitarian Universalist Church of Santa Monica will continue to operate as an active place of worship and provide programs and space for programs that address the needs of the greater community. The number of programs and events will not increase thus protecting the quality of life in the surrounding residential neighborhood. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that places of worship are conditionally permitted uses within the R2 District and parking for the proposed expansion of the sanctuary, classrooms, social hall and kitchen, as well as for existing uses will be provided for by a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property, as required per Condition #43. Verification of this shared-parking agreement, or other communication acceptable to the City, must be provided annually. 11 11. Additionally, the location of the “L” shaped addition, the relocated residence and the existing buildings aid in buffering the interior courtyards from the surrounding residential uses. 12. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that no such standards apply to places of worship. 13. The proposed use will not result in an over-concentration of such uses in the immediate vicinity, in that the Conditional Use Permit will allow an addition to an existing church that first began operating in 1930. The proposal will not create a new church use nor will it result in an over-concentration as it is not a new use. VARIANCE FINDINGS 1. There are special circumstances or exceptional characteristics 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. Specifically, the church sanctuary building, which was constructed in 1930, and the social hall, which was constructed in 1961, were approved without on-site parking. The subject site contains existing structures, including one building with historic attributes, and is fully developed, thus restricting the ability to provide parking on- site. The expanded uses will require an additional twelve parking spaces that will be available on Sunday when parking demand generated by the church is the greatest. Per Condition #43, the applicant shall be obligated to maintain at all times a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property. The church has participated in a shared-parking agreement for the past seventeen years. 2. The granting of such variance will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located in that the variance allows existing church and community uses to expand into more suitable spaces but does not allow for an expansion in the scope of existing uses. The variance will not alter the traffic that is associated with activities at the church. 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 if parking were located on-site the existing church and community facilities would be unable to expand as proposed on one 12 contiguous parcel in lieu of separate parcels as is the current condition. Therefore these uses, which have had a long-standing presence in the neighborhood, could not operate as proposed in existing buildings with modest expansion, with protected outdoor space, on one contiguous parcel. 4. The variance would not impair the integrity and character of the district in which it is to be located in that the parking variance allows existing church and community uses, which have had a continually presence in this neighborhood, to be offered on one contiguous parcel instead of on two parcels separated by an alley, as is the current condition. The applicant is able to provide three on-site spaces and will provide the twelve additional required parking spaces at an off- site parking lot which the church has had a long-standing agreement to utilize these spaces. This facility, which is available for Sunday services when the parking demand generated by the church is at its greatest, has been successfully utilized by the church for the past seventeen years. 5. The subject site is physically suitable for the proposed variance in that while the proposed addition will occur on a relatively flat lot with no physical or topographic constraints, several of the uses will be relocated from a location across the alley to a compatible addition to a historic church building on site, in order to more suitably operate a single long-standing community facility on one contiguous parcel. 6. 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 the subject property is located within a developed urbanized environment that is adequately served by existing infrastructure, public utilities and services. It is not anticipated that approval of the subject application will create a need for additional utilities or services. 7. There will be adequate provisions for public access to serve the subject variance proposal in that the church is an established community church that draws its membership from the surrounding neighborhood allowing members to walk to the church. The site will have pedestrian access from both Eighteenth Street and Arizona Avenue and from the Seventeenth Court parking spaces. Public transportation to the site is available on Wilshire Boulevard (Big Blue Bus route No, 2), on Santa Monica Boulevard (Big Blue Buses routes No. 1 and No. 10), on Fourteenth Street and Twentieth Street (Big Blue Bus route No. 11). On-street parking is limited to two hours between certain times, except for neighborhood residents. Per Condition #43, the applicant shall be obligated to maintain at all times a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property. This shared-parking agreement has been successfully utilized by the church for past seventeen years. 13 CONDITIONS: Plans 1. This approval is for those plans dated May 31, 2005, 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. 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. Final parking design, layout and specifications for the three proposed on-site parking spaces shall be subject to the review and approval of the Transportation Management Division. 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. Architectural Review Board 5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 6. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 7. Construction period signage shall be subject to the approval of the Architectural 14 Review Board. 8. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. 9. The Architectural Review Board, in its review, shall pay particular attention to the project's scale and articulation of design elements; materials; window treatment; glazing; landscaping, location and number of proposed trees; and the project’s compatibility with the existing structures on site. In addition, the Architectural Review Board shall pay particular attention to the nature and character of the design in relation to the historic church structure. The Board shall also closely review use of materials, details, and any attachments to the existing church structure. 10. As appropriate, the Architectural Review Board shall require the use of anti- graffiti materials on surfaces likely to attract graffiti. 11. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 12. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof. Demolition 13. Until such time as the demolition is undertaken, and unless 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, 15 bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs. 14. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City’s Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Cultural Services Department and the City’s Tree Code (SMMC Section 7.40). No street trees shall be removed without the approval of the Open Space Management Division. 15. 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. 16. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 17. No demolition of buildings or structures 40 years of age or older shall be permitted until the end of a 60-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application. 18. Prior to issuance of any demolition permits, a demolition materials recycling plan shall be filed for approval by the Department of Environmental and Public Works Management which seeks to maximize the reuse/recycling of existing building materials. 19. The applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Environmental and Public Works Management/Environmental Programs Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast 16 AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries. Construction 20. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 21. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works management prior to issuance of the building permits. 22. 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. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. 23. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors 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 sidewalk is proposed to be used in conjunction with construction; 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 dewatering and its effect on any adjacent buildings; 8) Describe 17 anticipated construction-related truck routes, 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 normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-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) Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste; 17) Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; 18) provide a construction period water runoff control plan. 24. A sign shall be posted on the property in a manner consistent 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. 25. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 26. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. Environmental Mitigation 27. 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.) 28. 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. 18 29. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Environmental and Public Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Applicant shall contact EPWM to determine applicable requirements, which include the following: ? Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; ? An sediments or materials which are tracked off-site must be removed the same day they are tracked off-site; ? Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties; ? Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site; ? Drainage controls may be required depending on the extent of grading and topography of the site. ? New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or principles, such as increasing permeable surfaces, diverting or catching runoff via swales, berms, and the like; orientation of drain gutters towards permeable areas; modification of grades; use of retention structures and other methods. Miscellaneous Conditions 30. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 31. 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. 32. 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 significance of the survey findings and appropriate actions and requirements, if any, to address such findings. 19 33. 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. 34. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot. Roof locations may be used when the mechanical equipment is installed within a soundrated parapet enclosure. 35. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. 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. 36. 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. 37. Prior to Final Inspection the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and Variance and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all time the establishment is in operation. Validity of Permits 38. 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. 39. 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 20 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. 40. 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 issuance of a building permit to commence the first phase of construction. A detailed phasing plan is required prior to issuance of this permit. In addition, a building permit for all phases of construction must be obtained within five (5) years of Conditional Use Permit effective date. However, the permit shall also expire if the building permit expires, if final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions shall not be granted if development standards or the development process 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. Special Conditions 41. The applicant shall discontinue all use of 1253 Seventeenth Street authorized by Conditional Use Permit 94-015 and cease to exercise any rights under that CUP immediately after final inspection of the proposed new classrooms at the 1260 Eighteenth Street property. 42. The applicant shall be limited to using a maximum of six (6) classrooms from the hours of 5:00 p.m. to Midnight, Monday through Friday. 43. The applicant shall be obligated to maintain at all times a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property. Verification of this shared-parking agreement, or other communication acceptable to the City, must be provided annually. 21 44. The applicant shall be required to implement at all times the Unitarian Universalist Church of Santa Monica Good Neighbor Parking Impact Reduction Plan (Attachment H). The applicant shall submit verification of compliance with this requirement annually. 45. For purposes of noise abatement in residential districts, organized outdoor activities shall be limited to the hours of 9:00 a.m. to 8:00 p.m. 46. Prior to issuance of a building permit, the applicant shall photo-document the subject property with black & white film, supplemented with digital photography and a new State Inventory Form (DPR 523 form) for submission to the City Planning Division. Photographic documentation shall be conducted in a manner acceptable to the City Planning Division and by an individual familiar with the recordation of historic buildings and prepared in a format consistent with the Historic American Buildings Survey (HABS) guidelines and standards for field photography. Views should include contextual views, all exterior elevations and detailed views of significant architectural/historical features. Prepared by: Andy Agle, Interim Director Amanda Schachter, Planning Manager Paul Foley, Principal Planner Stephanie Reich, Urban Designer Roxanne Tanemori, Associate Planner, City Planning Division Planning and Community Development Department Attachments: A. Public Notice B. July 20, 2005 Planning Commission staff report C. Appeal Statement D. Planning Commission Statement of Official Action E. July 20, 2005 Planning Commission minutes F. Letters received since the July 20, 2005 Planning Commission meeting G. Project Plans & Photos H. Unitarian Universalist Church of Santa Monica Good Neighbor Parking Impact Reduction Plan 22 ATTACHMENT A PUBLIC NOTICE 23 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICACITY COUNCIL SUBJECT: Appeal 05APP-010 1260 & 1248 Eighteenth Street APPLICANT: Unitarian Universalist Community Church of Santa Monica APPELLANT: Blair Calderhead PROPERTY OWNER: Unitarian Universalist Community Church of Santa Monica A public hearing will be held by the City Council to consider the following request: An appeal of the Planning Commission’s approval of Conditional Use Permit 05CUP-004 and Variance 05VAR-006 to establish the existing Unitarian Universalist Community Church as a legal conforming use and: ? Construct a 3,402 square foot two-story addition to an existing building on site currently used for church-related educational activities; ? Convert the existing residence at 1248 Eighteenth Street for use as a church office and to relocate it approximately 6’-0” further away from the north property line and 13’-0” toward the east property line in order to comply with sideyard setback requirements; ? Consolidate the activities currently held in the sanctuary building and in a building across the alley at 1253 Seventeenth Street on a single parcel; and ? Allow for the proposed expansion on site without providing twelve (12) of the fourteen (14) parking spaces required for the additional square footage. DATE/TIME: TUESDAY, November 22, 2005, 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: Appeal (05APP-010) 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 Roxanne Tanemori at (310) 458-8341, or by e-mail at roxanne.tanemori@smgov.net. 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 24 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. APPROVED AS TO FORM: __________________________ AMANDA SCHACHTER Planning Manager F:\CityPlanning\Share\COUNCIL\NOTICES\05APP-010 (1248-1260 18th Street) Notice.doc 25 ATTACHMENT B JULY 20, 2005 PLANNING COMMISSION STAFF REPORT 26 CP:AS:SR:RT:f:\plan\share\pc\strpt\05\05CUP-004 (1260 18th Street)_7-20-05.doc Santa Monica, California Planning Commission Mtg: July 20, 2005 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Conditional Use Permit 05-004 and Variance 05-006 Address: 1260 and 1248 Eighteenth Street Applicant: Unitarian Universalist Community Church INTRODUCTION Action: Application for Conditional Use Permit 05-004 to establish the existing Unitarian Universalist Community Church as a legal conforming use, allow a 3,402 square foot expansion to the existing church facility at 1260 Eighteenth Street, and permit conversion of the existing residence at 1248 Eighteenth Street to a church office use. The applicant is also requesting Variance 05-006 to allow for the expansion of the church facility and conversion of the residence without providing the twelve new parking spaces that would be required on-site. The applicant proposes the continued shared use of an off-site parking facility located within 500’ of the church on Sundays in lieu of providing the twelve on-site parking spaces. The proposal meets all applicable development standards with exception of parking requirements. Recommendation: Approve with conditions. Permit Streamlining Expiration Date: August 17, 2005 SITE LOCATION AND DESCRIPTION The subject property consists of two adjacent parcels at the northwest corner of Eighteenth Street and Arizona Avenue. The parcel at 1860 Eighteenth Street contains an existing 3,338 square foot Unitarian church sanctuary building and an existing 4,936 square foot, two-story social hall (Forbes building). The adjacent parcel to the north at 1248 Eighteenth Street contains an existing 1,807 square foot single-family residence and detached single-car garage. Nine mature trees will be removed as part of this proposal, including a 10” diameter maple tree, a 10” diameter fig tree and an 18” diameter palm tree. All three existing structures will be retained and incorporated into the proposed project design. Surrounding land uses consist of multi-family residences and a church in the R2 and C6 Districts to the north, multi-family residences in the R2 District to the south, multi-family 27 residences and a church in the R2 District to the east, and multi-family residences in the R2 District and the UCLA-Santa Monica Hospital in the CP-3 District to the west. Zoning District: R2 (Low Density Multiple Residential) District Land Use District: Low Density Housing Parcel Area: 1260 Eighteenth Street: 75’-0” x 150’-0” = 11,250 SF 1248 Eighteenth Street: 75’-0” x 150’-0” = 11,250 SF Total: = 22,500 SF PROJECT DESCRIPTION Places of worship are permitted in the R2 District with the approval of a Conditional Use Permit (CUP). The existing church at 1260 Eighteenth Street was established prior to this CUP requirement and is considered a legal, nonconforming use. The applicant requests a Conditional Use Permit to establish the existing church as a legal conforming use and to allow the expansion detailed below. The Conditional Use Permit includes five primary components which comprise the proposed project: 1) Construction of a 3,402 square foot, two-story addition to the existing social hall, including expansion of existing 1,640 square feet of classroom uses located in seven rooms to 3,189 square feet of classroom uses located in eight rooms. 2) Expansion of the existing sanctuary from 2,363 square feet and 201 seats to 3,198 square feet and 240 seats. 3) Relocation of the existing residence at 1248 Eighteenth Street approximately 6’- 0” from the north side property line and 13’-0” toward the east property line to comply with current setback requirements, and conversion of the residence for use as a church office. 4) Relocation of 1,301 square feet of office and nursery uses from the existing church sanctuary and Seventeenth Street property to the converted residence and proposed addition. 5) Establishment of three on-site parking spaces accessed off the rear alley (Seventeenth Court). The Conditional Use Permit would modify CUP 94-015 approved in 1994 for the expansion of the church onto the property at 1253 Seventeenth Street in order to provide a child care facility for 10-12 children while church facilities are in use. In addition, the applicant requests that the project be approved with a seven year vesting 28 period for the Conditional Use Permit in order to accommodate a phased development schedule and the potential delays associated with their ongoing fundraising efforts for the project. According to the applicant, the first phase of the project would include the relocation and rehabilitation of the existing residence. The second phase of the development would involve construction of the proposed new addition and expansion of the social hall. The third and final phase of development would involve the remodel of the existing sanctuary building. The applicant also requests a Variance to allow the church facility expansion without providing twelve (12) of the fourteen (14) additional parking spaces required on-site. The applicant proposes the continued shared use of an off-site Santa Monica-UCLA Medical Center parking garage located within approximately 500’ of the subject property on Sundays in lieu of providing on-site parking (Attachment H: correspondence from the UCLA Community Affairs Office). Church members have access to more than 150 parking spaces on Sunday provided at the Santa Monica-UCLA Medical Center facility. A lot tie to combine the existing parcels at 1260 and 1248 Eighteenth Street is also required. The proposed project would provide expanded room for the existing on-site uses that currently operate, and is not intended to facilitate new or additional uses. The proposed uses and hours of operation are the same as the existing uses and hours of operation. The proposal is intended to allow more generous space for the church members and participants of the existing programs that serve the community. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is inconsistent with the Municipal Code in that parking to accommodate the proposed project has not been provided on site. A variance has been requested in accordance with SMMC Section 9.04.20.10.030(b). All other aspects of the proposed project are consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A. CEQA STATUS The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15303 and 15331, Class 3 (e) and Class 31, of the State Implementation CEQA Guidelines in that the project proposes an addition to the existing church facility that is less than 10,000 square feet, and rehabilitation of a historic resource that is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. The existing sanctuary building is listed on the City’s Historic Resources Inventory with a 4S3 evaluation code. This evaluation indicates that the structure may become individually eligible for the National Register with expanded contextual information. As such, the building is locally eligible for City of Santa Monica Landmark designation, and is also considered a historic resource for the purposes of CEQA. Several minor exterior alterations to the existing church sanctuary building are 29 proposed in order to accommodate the addition, including reversal of door swings, replacement of two windows with doors similar in style, and filling in one small window. Staff reviewed the proposed project and determined that it is consistent with the standards for rehabilitation as set forth in the Secretary of the Interior’s Standards for the Treatment of Historic Properties in that the proposed alterations and new construction would not detrimentally change, destroy, adversely affect, or materially impair the historic character of the church building. HISTORIC RESOURCES INVENTORY STATUS , The existing church building on the project site was constructed in 1930 is identified in the City's Historic Resources Inventory, and is evaluated as 4S3. This structure is the only known church building to have been designed by John Byers, a notable architect in Santa Monica’s history. The two-story social hall building was constructed in 1961 and is not considered part of the site’s historical significance. The existing residence was constructed in 1914, but is not listed on the City’s Historic Resources Inventory. Further analysis of the residence shows that the structure does not contain any character defining features that would cause the building to be considered a historic resource, based on the City’s local landmark designation criteria. RENT CONTROL STATUS The residence at 1248 Eighteenth Street has a single-family exemption from Rent Control; the church and social hall are also 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. The applicant submitted a photograph to verify the site posting and to demonstrate that the sign provides the following information: 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 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. 30 On June 2, 2005 the applicant was notified by telephone of the subject hearing date. On March 13, 2005, the Unitarian Church Building Committee held a community meeting with residents and neighbors to present the proposed project and to discuss any questions or concerns raised. The applicant hand-delivered notices of this meeting to all occupants with a 500-foot radius of the project site. Attachment G contains letters of support submitted by neighbors and church members regarding this application. ANALYSIS Background The existing one-story church was built for the Unitarian Universalist Church of Santa Monica in 1930; the two-story social hall in the rear of the property was completed in 1961. As detailed more fully below, there have been two previously-approved Conditional Use Permits (94CUP-015 and 03CUP-008) and one approved Variance (03VAR-018) associated with the church. Conditional Use Permit 94CUP-015: In October 1994, the Planning Commission approved Conditional Use Permit 94CUP- 015 to allow the Unitarian Universalist church to expand into an existing apartment building located across Seventeenth Court at 1253 Seventeenth Street. The CUP authorized a child care use in conjunction with church services held at the 1260 Eighteenth Street facility. In addition, one of the existing apartment units was approved for storage use, and the other for the church sexton’s residence. The conditions of approval limited outdoor activities to the hours of 10:00 a.m. to 8:00 p.m., and clarified that change of use of the existing building at 1253 Seventeenth Street would require amendment or replacement of Conditional Use Permit 94CUP-015 (Attachment J). The 1994 CUP did not establish the Eighteenth Street facility as a legal conforming use. The applicant exercised the rights granted with Conditional Use Permit 94-015 and continues to use the facility. In preparation for the subject application, the applicant sold the 1253 Seventeenth Street property at the end of 2004 and has entered into a lease agreement with the buyer to continue using the site until the new addition is constructed on the Eighteenth Street facility. In correspondence dated June 14, 2005, the applicant has stated that they are willing to discontinue all use of 1253 Seventeenth Street and relinquish Conditional Use Permit 94-015 immediately after final inspection of the proposed new classrooms has been completed. Conditional Use Permit 03CUP-008 & Variance 03VAR-018: In March 2004, the Planning Commission approved CUP 03-008 to establish the existing church at 1260 Eighteenth Street as a legal conforming use and to allow the following activities: remodel of the existing church building; a 1,893 square foot addition to the building at 1253 Seventeenth Street; and conversion of existing parking spaces to floor area at the building at 1253 Seventeenth Street. Variance 03-018 was also 31 approved to allow the removal of three existing on-site parking spaces and expansion of the existing church uses at 1260 Eighteenth Street, without providing the thirteen parking spaces required in conjunction with the proposed addition. The Variance request was approved with special conditions requiring that at least sixteen spaces would be provided on Sundays within 1,000 feet of the church and that a good neighbor/neighborhood parking reduction plan would be submitted to the City (Attachment K). The applicant did not exercise the rights associated with these permits (03CUP-008 & 03VAR-018) and the approvals have expired. Conditional Use Permit The proposed Conditional Use Permit would establish the church as a legal conforming use and allow for the church expansion on one contiguous site as opposed to two lots separated by an alley. The subject request would result in a project similar in size and use to expired CUP 03-008, but with a different design and improved site plan configuration. The applicant has also agreed, as a condition of approval, to discontinue all use of the property 1253 Seventeenth Street and has agreed to not exercise any rights granted under CUP 94-015 immediately following final inspection of the proposed addition at the 1260 Eighteenth Street property. The proposed uses and hours of operation for the church facility are the same as the current uses and hours of operation. The church congregation participates in worship services as well as church sponsored events and a variety of committee meetings. The Church also allows a wide range of community uses to utilize their facility. The proposed project is intended to allow more space for the existing parishioners and participants of existing programs offered at the Unitarian Universalist Church of Santa Monica. The project is not intended to facilitate expansion in enrollment or overall use in the facility, except for a potential modest increase in use at the sanctuary on Sundays. The applicant has provided a list detailing the regularly scheduled activities that occur at different times throughout the week, and the approximate number of attendees at each activity (Attachment E). In addition, the applicant has provided a list of special events that occur at the church throughout the year and the number of attendees (Attachment F). The proposed addition and remodel of the church would add approximately 802 square feet of seating area within the church building, and increase the number of seats in the sanctuary from approximately 201 to approximately 240. The interior remodel, relocation of church office uses to the existing residence, and the construction of new classrooms and a nursery will provide more spacious rooms for these existing activities, but will not result in an increase in the range of activities on site. Pursuant to SMMC Section 9.04.20.12.060, the standard term of a Conditional Use Permit is one year. The permit would expire if the rights granted under the permit are not exercised within one year from the permit’s effective date. For a project involving 32 new construction, the exercise of rights would require the issuance of a building permit to commence construction. The permit would also expire if the associated building permit for the project expires. The applicant requests that the project be granted a seven year vesting period for the Conditional Use Permit in order to accommodate a three-phase development schedule for the project. Each of these three phases of development would require separate building permits that could be issued within the seven year period, per the applicant’s request. Although not typical, Planning Commission has granted extended vesting periods for development permits outside of the Development Agreement Process. Carlthorp School approved in 1996, and New Roads School approved in 2003, were granted vesting terms of 10 years & 7 years, respectively. Both projects involved construction of private schools with substantial new floor area. While these examples do represent much larger construction projects, they had similar challenges for funding and phasing. Staff concurs that an extended vesting period is appropriate for this application given the applicant’s role in providing service to the community, their status as a non-profit organization and potential fundraising challenges, as well as the scope and nature of work proposed. In addition, all construction is proposed to occur while the facility remains fully operational, which will require strategic project phasing. While staff believes that an extended vesting period is appropriate given these challenges, due to the modest size and scope of the project (particularly in relation to the examples noted above) a three year vesting period should be sufficient. Therefore, as stated in Condition 40, exercise of rights shall mean issuance of a building permit to commence the first phase of construction. A detailed phasing plan is required prior to issuance of this permit. In addition, a building permit for all phases of construction must be obtained within 3 years of Conditional Use Permit effective date. Project Design The applicant proposes to construct a two-story 3,768 square foot “L” shaped addition to the side of the existing social hall building that would be located at the rear of the property. The applicant also proposes to reduce the square footage of the existing church sanctuary building by 140 square feet, and remove 226 square feet associated with the existing residence. The proposed project would add a total of 3,402 square feet on the subject property. The addition would serve to enlarge classrooms, the social hall, restrooms, and a kitchen area. The addition would also provide a new elevator, create one new classroom, and allow the church to relocate its existing child care facility currently permitted at the Seventeenth Street site across the alley. In order to comply with setback requirements, the applicant proposes to relocate the existing single-family residence at 1248 Eighteenth Street approximately 6’-0” from the 33 north side property line and 13’-0” toward the east property line. The current office uses would be relocated from the existing church building to the converted residential building and allow for the addition of thirty-nine seats in the existing sanctuary area. The re-use of this existing residence represents a sustainable approach for the project design, while also respecting the fabric of the existing neighborhood. The addition and relocation of the existing residential structure will require the removal of nine mature trees from the site, including a 10” diameter maple tree, a 10” diameter fig tree and an 18” diameter palm tree. All trees to be removed, with the exception of the 18” diameter palm tree, are relatively small in size, are located toward the rear of the th property and are not fully visible from 18 Street or Arizona Avenue. The project proposal calls for the 18” diameter palm tree to be relocated to a prominent location toward the front of the site. In addition, the project plans call for five new canopy trees to be installed, in addition to the courtyard landscaping proposed. Condition #9 notes the Architectural Review Board shall pay particular attention to landscaping, location and number of proposed trees in addition to other design elements. Several exterior alterations to the existing church sanctuary building are proposed in order to accommodate the addition, including reversal of door swings, replacement of two windows with doors similar in style, and filling in one small window. The historic character of the existing church building would be maintained as these changes are minor in nature and consistent with the Secretary of the Interior’s Standards for Rehabilitation. Two interior courtyards would be created between the proposed addition, relocated residence, and the existing church building and social hall. The courtyards would provide church members, including children who utilize the nursery and classrooms, outdoor areas that are buffered from the surrounding residential uses by the existing and proposed buildings. Variance Parking and Circulation The sanctuary building on the Eighteenth Street site was built in 1930. The social hall on the rear of the property was constructed in 1961. Both structures were legally built without on-site parking. Parking for the 1248 Eighteenth Street residence constructed in 1914 was provided in a detached, single-car garage. Parking is required for the proposed addition and the conversion of the existing residence to office use. The parking requirement for a place of worship is either one space per four fixed seats or one space per 80 square feet, whichever is greater, in addition to the parking requirement for the other uses within the facility. Accordingly, fourteen additional parking spaces are required by Santa Monica Municipal Code to allow for the conversion of the residence, and for the enlargement of the sanctuary seating area and social hall, which includes the relocation of the nursery and the addition of two classrooms. 34 The applicant proposes to demolish the existing single-car garage and provide a total of three new on-site parking spaces with access provided from Seventeenth Court. The Variance is needed to allow the project without the additional twelve required parking spaces. The number of attendees at church events, participants in programs that meet in the church classrooms, and staff in the church offices is not anticipated to increase in conjunction with the subject application. However, the proposed remodel and expansion will accommodate a greater number of parishioners that attend services in the sanctuary. Although intended to provide existing parishioners more comfortable seating, this increase may result in greater attendance thereby increasing the demand for parking in the surrounding neighborhood. In lieu of providing on-site parking, the church has an existing agreement with the UCLA-Santa Monica Hospital that allows the church members to utilize the hospital’s employee and doctor’s parking facility on Sundays between 8:30 a.m. and 2:30 p.m. (or later for special events). The parking facility is restricted for use by employees and doctors and consequently is underutilized on Sundays. There are typically at least 150 parking spaces available for church members/visitors on Sundays. Although this parking is only available on Sundays, it is only on Sundays that the proposed project may result in a modest increase in parking demand. The UCLA-Santa Monica parking facility, which is located on the south east corner of Arizona Avenue and Sixteenth Street, is approximately 500 feet from the church. The facility is staffed by a parking attendant and is open to all church members free of charge on Sundays. Correspondence from UCLA’s Community Affairs Office is included as Attachment H. The applicant has indicated that this shared parking agreement has successfully been in place since 1988. As a condition of project approval, the applicant shall be obligated to maintain at all times a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property. The applicant will also be required to submit verification of this shared-parking agreement, or other communication acceptable to the City, on an annual basis. As part of the church’s ongoing efforts to reduce potential neighborhood parking impacts, the applicant ensures that parishioners and visitors are notified regularly via announcements, the church bulletin, and on-site postings of the availability of parking at the off-site facility. The applicant continues to encourage and provide information to church members about carpooling, bicycle and public transit use opportunities. Based on the applicant’s April 2005 survey of church members, there are approximately 40-50 cars from persons attending the church parked in UCLA hospital parking garage on a typical Sunday. In addition, in May 2005, the applicant adopted a Good Neighbor Parking Impact Reduction Plan that is being implemented and distributed to all groups renting church 35 facilities (Attachment I). This Good Neighbor Plan requires that groups renting the facility encourage participants to use alternative modes of transportation, and coordinate use of nearby off-street parking facilities when feasible. As a condition of approval, the applicant will be required to implement at all times the Good Neighbor Parking Impact Reduction Plan and submit verification of compliance with this requirement annually. Staff believes the condition requiring the provision of off-site parking addresses the project’s increased parking requirement. In addition, the parking proposed at an off-site location on Sundays when the sanctuary and church school could accommodate a greater number of participants is appropriate, and greatly exceeds the twelve additional on-site spaces required by the Municipal Code. Furthermore, the applicant’s implementation of a Good Neighbor Parking Impact Reduction Plan demonstrates their commitment to the surrounding neighborhood. Neighborhood Compatibility The Unitarian Church has been in operation in the neighborhood since 1930 and, as designed, the proposal will allow the church to operate on one contiguous parcel instead of two parcels separated by an alley, as is the existing condition. The project design creates two outdoor courtyard areas for use between the existing buildings which serves to buffer the surrounding neighborhood from these outdoor use areas. The applicant has designed the project to comply with all current development standards for the R2 District. The proposed 3,402 square foot addition is proposed in the rear of the property, is not quite visible from either Eighteenth Street or Arizona Avenue, and is compatible in scale and building design with the existing buildings on site. In addition, The proposed remodel of the existing sanctuary building is consistent with the Secretary of the Interior’s Standards for Rehabilitation of historic structures and will maintain a historically significant Santa Monica building. The proposed project also includes pedestrian oriented design features including a visually transparent courtyard gate and fence on the primary elevation, and new courtyard landscaping. The rehabilitation of the existing residence for church office uses would create minimal changes to the existing streetscape, while maintaining a similar sense of openness between the existing buildings as observed from the street. With these design features and the retention and rehabilitation of the existing residence, the proposed project design and use of the site relates harmoniously to the surrounding neighborhood. Conclusion The proposed project will allow for the phased development of a 3,402 square foot expansion of the Unitarian Universalist Church of Santa Monica site, the creation of two courtyard areas, and the relocation and re-use of an existing adjacent residence for church office uses. There is no proposed change in the range activities or the character 36 of the existing operation of the church except that office uses will be relocated from the sanctuary building to the residence, and the existing nursery in the building on Seventeenth Street will be relocated to the new addition. The applicant has indicated that a three-phase development schedule for the project is anticipated. The relocation and renovation of the existing residence is planned as Phase I; the proposed addition and to the social hall is planned as Phase II; and the proposed remodel of the existing church sanctuary building is planned as Phase III. As a condition of project approval, the applicant will be required to, prior to issuance of building permits for the first phase of development, submit a detailed phasing plan clearly indicating the scope of each of the three phases of work on site. As conditioned, the applicant will also be required to cease all use of the Seventeenth Street property after final inspection of the new addition on the Eighteenth Street property. The Unitarian Universalist Church of Santa Monica has an active congregation that participates in worship services and a variety of church-sponsored events. The Church also allows a wide range of community activities and groups to utilize their facility. The applicant has provided facility use data that demonstrates that the greatest number of people visit the site on Sunday mornings when events/services are held in the sanctuary. The proposed project provides three on-site parking spaces. In lieu of providing the additional twelve on-site parking spaces required in conjunction with the proposed development, the applicant proposes to provide off-site parking approximately 500 feet from the site within the UCLA-Santa Monica Hospital garage on Sundays. As conditioned, the use of the new classroom shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. Furthermore, the applicant has adopted and begun implementing a Good Neighbor Parking Impact Reduction Plan that helps to reduce the potential impact to neighborhood on-street parking from church members and community members using the facility. Therefore, the proposed project will improve the existing Unitarian Universalist Church facility and maintain a long-standing community use within the neighborhood. ALTERNATIVES Other than the recommended action, the Planning Commission may: Approve CUP 05-004 and VAR 05-006 based upon revised findings and conditions; Deny CUP 05-004 and VAR 05-006 without prejudice, based upon revised findings; or Deny CUP 05-004 and VAR 05-006 based upon revised findings. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit 05- 004 and Variance 05-006 based on the findings and with the following conditions: 37 CONDITIONAL USE PERMIT FINDINGS 14. 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 expansion of places of worship are permitted in the R2 Zone District by approval of Conditional Use Permit. The project, which relocates existing church uses from the existing buildings located on-site and across the alley to new facilities on the same site as the church is consistent with Objective 1.10 of the Land Use Element. Objective 1.10 calls for protecting the scale and character of existing neighborhoods and the proposal allows for additional space for existing on-site uses but does not increase the intensity of the uses that currently occur at the site, except for a potential modest increase in use of the sanctuary on Sundays. 15. 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 proposal maintains the historic character of the site and original church structure that contribute to the neighborhood integrity and character, and the proposed addition combined with the existing structures on site have been designed to buffer outdoor activities that will occur in the courtyards from the surrounding residential uses. Additionally, the proposal will continue existing church uses on site that have occurred since its establishment in 1930 and the construction of the social hall in 1961. The proposal is an effort to consolidate existing uses from a location across the alley on to the same site as the church. The expanded church will not increase the range of activities or events at the church except those that occur within the sanctuary associated with an increase of thirty-nine seats. 16. The subject parcel is physically suitable for the type of land use being proposed, in that the proposed addition will occur on a relatively flat lot with no physical or topographic constraints. Additionally, the uses will be relocated from existing buildings on-site and from a location across the alley to an on-site location in the new addition. 17. 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 church is the only existing on-site use and that this proposal is for an expansion of the space associated with this existing use. 18. 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 is a continuation of existing permissible use. 38 The project allows these continued uses to operate in more suitable spaces and generally does not intensify current uses on the property. The 3,402 square foot addition is designed to be compatible with surrounding uses. The expanded church will not increase the number of activities nor increase the number of participants in activities or events at the church except for modest increases within the sanctuary. 19. 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 the proposed project is located on a fully developed parcel with adequate access to all necessary utilities and will not be detrimental to public health and safety. 20. Public access to the proposed use will be adequate, in that the church is an established community church that draws its membership from the surrounding neighborhood, allowing members to walk to the church. The site will have pedestrian access from both Eighteenth Street and Arizona Avenue and from the alley parking spaces. Public transportation to the site is available on Wilshire Boulevard (Big Blue Bus route No, 2), on Santa Monica Boulevard (Big Blue Buses routes No. 1 and No. 10), on Fourteenth Street and Twentieth Street (Big Blue Bus route No. 11). On-street parking is limited to two hours between certain times, except for neighborhood residents. In addition, Condition #43 requires the applicant maintain at all times a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property. Verification of this shared- parking agreement, or other communication acceptable to the City, must be provided annually. 21. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that the proposal will relocate a structure that is located in the required side yard setback area. The relocated structure will be moved from a location that is approximately 3’-0” from a side property line that is shared with a multi-family residence to a location that is compliant with the required side yard setback. The 3,402 square foot addition to the social hall is located at the rear of the property and is separated from surrounding residential uses by an alley to the west. Additionally, the location of the “L” shaped addition, the relocated residence and the existing buildings aid in buffering the interior courtyards from the surrounding residential uses. 22. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Land Use Policy 3.1.3 encourages the “retention of historic 39 and architecturally significant resources” and the expansion of the social hall retains a historically significant church sanctuary building. The proposed project is consistent with Land Use Objective 1.1 to “Improve the quality of life for all residents by providing a balance of land uses consistent with 1) recognizing that the City is part of a metropolitan area with regional social problems and 2) protecting the quality of life in all residential neighborhoods” since The Unitarian Universalist Church of Santa Monica will continue to operate as an active place of worship and provide programs and space for programs that address the needs of the greater community. The number of programs and events will not increase thus protecting the quality of life in the surrounding residential neighborhood. 23. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that places of worship are conditionally permitted uses within the R2 District and parking for the proposed expansion of the sanctuary, classrooms, social hall and kitchen, as well as for existing uses will be provided for by a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property, as required per Condition #43. Verification of this shared-parking agreement, or other communication acceptable to the City, must be provided annually. 24. Additionally, the location of the “L” shaped addition, the relocated residence and the existing buildings aid in buffering the interior courtyards from the surrounding residential uses. 25. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that no such standards apply to places of worship. 26. The proposed use will not result in an over-concentration of such uses in the immediate vicinity, in that the Conditional Use Permit will allow an addition to an existing church that first began operating in 1930. The proposal will not create a new church use nor will it result in an over-concentration as it is not a new use. VARIANCE FINDINGS 8. There are special circumstances or exceptional characteristics 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. Specifically, the 40 church sanctuary building, which was constructed in 1930, and the social hall, which was constructed in 1961, were approved without on-site parking. The subject site contains existing structures, including one building with historic attributes, and is fully developed, thus restricting the ability to provide parking on- site. The expanded uses will require an additional twelve parking spaces that will be available on Sunday when parking demand generated by the church is the greatest. Per Condition No. 44, the applicant shall be obligated to maintain at all times a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property. The church has participated in a shared-parking agreement for the past seventeen years. 9. The granting of such variance will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located in that the variance allows existing church and community uses to expand into more suitable spaces but does not allow for an expansion in the scope of existing uses. The variance will not alter the traffic that is associated with activities at the church. 10. 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 if parking were located on-site the existing church and community facilities would be unable to expand as proposed on one contiguous parcel in lieu of separate parcels as is the current condition. Therefore these uses, which have had a long-standing presence in the neighborhood, could not operate as proposed in existing buildings with modest expansion, with protected outdoor space, on one contiguous parcel. 11. The variance would not impair the integrity and character of the district in which it is to be located in that the parking variance allows existing church and community uses, which have had a continually presence in this neighborhood, to be offered on one contiguous parcel instead of on two parcels separated by an alley, as is the current condition. The applicant is able to provide three on-site spaces and will provide the twelve additional required parking spaces at an off- site parking lot which the church has had a long-standing agreement to utilize these spaces. This facility, which is available for Sunday services when the parking demand generated by the church is at its greatest, has been successfully utilized by the church for the past seventeen years. 12. The subject site is physically suitable for the proposed variance in that while the proposed addition will occur on a relatively flat lot with no physical or topographic constraints, several of the uses will be relocated from a location across the alley to a compatible addition to a historic church building on site, in order to more suitably operate a single long-standing community facility on one contiguous parcel. 41 13. 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 the subject property is located within a developed urbanized environment that is adequately served by existing infrastructure, public utilities and services. It is not anticipated that approval of the subject application will create a need for additional utilities or services. 14. There will be adequate provisions for public access to serve the subject variance proposal in that the church is an established community church that draws its membership from the surrounding neighborhood allowing members to walk to the church. The site will have pedestrian access from both Eighteenth Street and Arizona Avenue and from the Seventeenth Court parking spaces. Public transportation to the site is available on Wilshire Boulevard (Big Blue Bus route No, 2), on Santa Monica Boulevard (Big Blue Buses routes No. 1 and No. 10), on Fourteenth Street and Twentieth Street (Big Blue Bus route No. 11). On-street parking is limited to two hours between certain times, except for neighborhood residents. Per Condition No. 43, the applicant shall be obligated to maintain at all times a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property. This shared-parking agreement has been successfully utilized by the church for past seventeen years. CONDITIONS Plans 47. This approval is for those plans dated May 31, 2005, 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. 48. 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. 49. Final parking design, layout and specifications for the three proposed on-site parking spaces shall be subject to the review and approval of the Transportation Management Division. 50. 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 42 plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. Architectural Review Board 51. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 52. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 53. Construction period signage shall be subject to the approval of the Architectural Review Board. 54. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. 55. The Architectural Review Board, in its review, shall pay particular attention to the project's scale and articulation of design elements; materials; window treatment; glazing; landscaping, location and number of proposed trees; and the project’s compatibility with the existing structures on site. In addition, the Architectural Review Board shall pay particular attention to the nature and character of the design in relation to the historic church structure. The Board shall also closely review use of materials, details, and any attachments to the existing church structure. 56. As appropriate, the Architectural Review Board shall require the use of anti- graffiti materials on surfaces likely to attract graffiti. 57. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of 43 the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 58. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof. Demolition 59. Until such time as the demolition is undertaken, and unless 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 surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs. 60. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City’s Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Cultural Services Department and the City’s Tree Code (SMMC Section 7.40). No street trees shall be removed without the approval of the Open Space Management Division. 61. 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. 44 62. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 63. No demolition of buildings or structures 40 years of age or older shall be permitted until the end of a 60-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application. 64. Prior to issuance of any demolition permits, a demolition materials recycling plan shall be filed for approval by the Department of Environmental and Public Works Management which seeks to maximize the reuse/recycling of existing building materials. 65. The applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Environmental and Public Works Management/Environmental Programs Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries. Construction 66. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 67. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this 45 work shall be obtained from the Department of Environmental and Public Works management prior to issuance of the building permits. 68. 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. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. 69. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors 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 sidewalk is proposed to be used in conjunction with construction; 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 dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction-related truck routes, 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 normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-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) Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste; 17) Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; 18) provide a construction period water runoff control plan. 70. A sign shall be posted on the property in a manner consistent 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. 46 71. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 72. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. Environmental Mitigation 73. 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.) 74. 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. 75. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Environmental and Public Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Applicant shall contact EPWM to determine applicable requirements, which include the following: ? Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; ? An sediments or materials which are tracked off-site must be removed the same day they are tracked off-site; ? Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties; ? Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site; ? Drainage controls may be required depending on the extent of grading and topography of the site. ? New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or 47 principles, such as increasing permeable surfaces, diverting or catching runoff via swales, berms, and the like; orientation of drain gutters towards permeable areas; modification of grades; use of retention structures and other methods. Miscellaneous Conditions 76. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 77. 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. 78. 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 significance of the survey findings and appropriate actions and requirements, if any, to address such findings. 79. 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. 80. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot. Roof locations may be used when the mechanical equipment is installed within a soundrated parapet enclosure. 81. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. 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. 48 82. 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. 83. Prior to Final Inspection the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and Variance and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all time the establishment is in operation. Validity of Permits 84. 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. 85. 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. 86. 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 issuance of a building permit to commence the first phase of construction. A detailed phasing plan is required prior to issuance of this permit. In addition, a building permit for all phases of construction must be obtained within three (3) years of Conditional Use Permit effective date. However, the permit shall also expire if the building permit expires, if final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions shall not be granted if development standards or the development 49 process 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. Special Conditions 87. The applicant shall discontinue all use of 1253 Seventeenth Street authorized by Conditional Use Permit 94-015 and cease to exercise any rights under that CUP immediately after final inspection of the proposed new classrooms at the 1260 Eighteenth Street property. 88. The applicant shall be limited to using a maximum of seven (7) classrooms from the hours of 5:00 p.m. to Midnight, Monday through Friday. 89. The applicant shall be obligated to maintain at all times a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property. Verification of this shared-parking agreement, or other communication acceptable to the City, must be provided annually. 90. The applicant shall be required to implement at all times the adopted Unitarian Universalist Church of Santa Monica Good Neighbor Parking Impact Reduction Plan. The applicant shall submit verification of compliance with this requirement annually. 91. For purposes of noise abatement in residential districts, organized outdoor activities shall be limited to the hours of 9:00 a.m. to 8:00 p.m. Prior to issuance of a building permit, the applicant shall photo-document the 92. subject property with black & white film, supplemented with digital photography and a new State Inventory Form (DPR 523 form) for submission to the City Planning Division. Photographic documentation shall be conducted in a manner acceptable to the City Planning Division and by an individual familiar with the recordation of historic buildings and prepared in a format consistent with the Historic American Buildings Survey (HABS) guidelines and standards for field photography. Views should include contextual views, all exterior elevations and 50 detailed views of significant architectural/historical features. Prepared by: Roxanne Tanemori, 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. Facility Use Study F. Unitarian Church Activities G. Correspondence H. Correspondence from UCLA Community Affairs office I. Good Neighbor/Parking Impact Reduction Plan J. CUP 94-015 Planning Commission Statement of Official Action K. CUP 03-008/Variance 03-018 Planning Commission Statement of Official Action L. Photographs of Site and Surrounding Properties M. Plot Plan, Floor Plans and Elevations 51 ATTACHMENT C APPEAL STATEMENT Electronic version of attachment is not available for review. Document is available for review at the City Clerk’s Office. 52 ATTACHMENT D PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION 53 City of Santa Monica City Planning Division PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Conditional Use Permit 05CUP-004; Variance 05VAR-006 LOCATION: 1260 and 1248 Eighteenth Street APPLICANT: Unitarian Universalist Community Church PROPERTY OWNER: Unitarian Universalist Community Church CASE PLANNER: Roxanne Tanemori, Associate Planner REQUEST: Application for Conditional Use Permit 05-004 to establish the existing Unitarian Universalist Community Church as a legal conforming use, allow a 3,402 square foot expansion to the existing church facility at 1260 Eighteenth Street, and permit conversion of the existing residence at 1248 Eighteenth Street to a church office use. Application for Variance 05-006 to allow for the expansion of the church facility and conversion of the residence without providing the twelve new parking spaces that would be required on-site. The applicant proposes the continued shared use of an off-site parking facility located within 500’ of the church on Sundays in lieu of providing the twelve on-site parking spaces. CEQA STATUS: The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15303 and 15331, Class 3 (e) and Class 31, of the State Implementation CEQA Guidelines 54 in that the project proposes an addition to the existing church facility that is less than 10,000 square feet, and rehabilitation of a historic resource that is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. PLANNING COMMISSION ACTION July 20, 2005 Date. Approved based on the following findings and subject to the X conditions below. Denied. Other. EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: August 3, 2005 EXPIRATION DATE OF ANY PERMITS GRANTED: August 3, 2010 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit. One six (6) month extension may be permitted. Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project. All summaries of information contained herein or in the findings are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. FINDINGS : CONDITIONAL USE PERMIT FINDINGS 27. 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 expansion of 55 places of worship are permitted in the R2 Zone District by approval of Conditional Use Permit. The project, which relocates existing church uses from the existing buildings located on-site and across the alley to new facilities on the same site as the church is consistent with Objective 1.10 of the Land Use Element. Objective 1.10 calls for protecting the scale and character of existing neighborhoods and the proposal allows for additional space for existing on-site uses but does not increase the intensity of the uses that currently occur at the site, except for a potential modest increase in use of the sanctuary on Sundays. 28. 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 proposal maintains the historic character of the site and original church structure that contribute to the neighborhood integrity and character, and the proposed addition combined with the existing structures on site have been designed to buffer outdoor activities that will occur in the courtyards from the surrounding residential uses. Additionally, the proposal will continue existing church uses on site that have occurred since its establishment in 1930 and the construction of the social hall in 1961. The proposal is an effort to consolidate existing uses from a location across the alley on to the same site as the church. The expanded church will not increase the range of activities or events at the church except those that occur within the sanctuary associated with an increase of thirty-nine seats. 29. The subject parcel is physically suitable for the type of land use being proposed, in that the proposed addition will occur on a relatively flat lot with no physical or topographic constraints. Additionally, the uses will be relocated from existing buildings on-site and from a location across the alley to an on-site location in the new addition. 30. 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 church is the only existing on-site use and that this proposal is for an expansion of the space associated with this existing use. 31. 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 is a continuation of existing permissible use. The project allows these continued uses to operate in more suitable spaces and generally does not intensify current uses on the property. The 3,402 square foot addition is designed to be compatible with surrounding uses. The expanded church will not increase the number of activities nor increase the number of participants in activities or events at the church except for modest increases 56 within the sanctuary. 32. 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 the proposed project is located on a fully developed parcel with adequate access to all necessary utilities and will not be detrimental to public health and safety. 33. Public access to the proposed use will be adequate, in that the church is an established community church that draws its membership from the surrounding neighborhood, allowing members to walk to the church. The site will have pedestrian access from both Eighteenth Street and Arizona Avenue and from the alley parking spaces. Public transportation to the site is available on Wilshire Boulevard (Big Blue Bus route No, 2), on Santa Monica Boulevard (Big Blue Buses routes No. 1 and No. 10), on Fourteenth Street and Twentieth Street (Big Blue Bus route No. 11). On-street parking is limited to two hours between certain times, except for neighborhood residents. In addition, Condition #43 requires the applicant maintain at all times a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property. Verification of this shared- parking agreement, or other communication acceptable to the City, must be provided annually. 34. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that the proposal will relocate a structure that is located in the required side yard setback area. The relocated structure will be moved from a location that is approximately 3’-0” from a side property line that is shared with a multi-family residence to a location that is compliant with the required side yard setback. The 3,402 square foot addition to the social hall is located at the rear of the property and is separated from surrounding residential uses by an alley to the west. Additionally, the location of the “L” shaped addition, the relocated residence and the existing buildings aid in buffering the interior courtyards from the surrounding residential uses. 35. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Land Use Policy 3.1.3 encourages the “retention of historic and architecturally significant resources” and the expansion of the social hall retains a historically significant church sanctuary building. The proposed project is consistent with Land Use Objective 1.1 to “Improve the quality of life for all residents by providing a balance of land uses consistent with 1) recognizing that the City is part of a metropolitan area with regional social problems and 2) 57 protecting the quality of life in all residential neighborhoods” since The Unitarian Universalist Church of Santa Monica will continue to operate as an active place of worship and provide programs and space for programs that address the needs of the greater community. The number of programs and events will not increase thus protecting the quality of life in the surrounding residential neighborhood. 36. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that places of worship are conditionally permitted uses within the R2 District and parking for the proposed expansion of the sanctuary, classrooms, social hall and kitchen, as well as for existing uses will be provided for by a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property, as required per Condition #43. Verification of this shared-parking agreement, or other communication acceptable to the City, must be provided annually. 37. Additionally, the location of the “L” shaped addition, the relocated residence and the existing buildings aid in buffering the interior courtyards from the surrounding residential uses. 38. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that no such standards apply to places of worship. 39. The proposed use will not result in an over-concentration of such uses in the immediate vicinity, in that the Conditional Use Permit will allow an addition to an existing church that first began operating in 1930. The proposal will not create a new church use nor will it result in an over-concentration as it is not a new use. VARIANCE FINDINGS 15. There are special circumstances or exceptional characteristics 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. Specifically, the church sanctuary building, which was constructed in 1930, and the social hall, which was constructed in 1961, were approved without on-site parking. The subject site contains existing structures, including one building with historic attributes, and is fully developed, thus restricting the ability to provide parking on- site. The expanded uses will require an additional twelve parking spaces that will 58 be available on Sunday when parking demand generated by the church is the greatest. Per Condition #43, the applicant shall be obligated to maintain at all times a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property. The church has participated in a shared-parking agreement for the past seventeen years. 16. The granting of such variance will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located in that the variance allows existing church and community uses to expand into more suitable spaces but does not allow for an expansion in the scope of existing uses. The variance will not alter the traffic that is associated with activities at the church. 17. 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 if parking were located on-site the existing church and community facilities would be unable to expand as proposed on one contiguous parcel in lieu of separate parcels as is the current condition. Therefore these uses, which have had a long-standing presence in the neighborhood, could not operate as proposed in existing buildings with modest expansion, with protected outdoor space, on one contiguous parcel. 18. The variance would not impair the integrity and character of the district in which it is to be located in that the parking variance allows existing church and community uses, which have had a continually presence in this neighborhood, to be offered on one contiguous parcel instead of on two parcels separated by an alley, as is the current condition. The applicant is able to provide three on-site spaces and will provide the twelve additional required parking spaces at an off- site parking lot which the church has had a long-standing agreement to utilize these spaces. This facility, which is available for Sunday services when the parking demand generated by the church is at its greatest, has been successfully utilized by the church for the past seventeen years. 19. The subject site is physically suitable for the proposed variance in that while the proposed addition will occur on a relatively flat lot with no physical or topographic constraints, several of the uses will be relocated from a location across the alley to a compatible addition to a historic church building on site, in order to more suitably operate a single long-standing community facility on one contiguous parcel. 20. 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 the subject property is located within a developed urbanized environment that is adequately served by existing infrastructure, public utilities and services. It is not anticipated that approval of the subject application 59 will create a need for additional utilities or services. 21. There will be adequate provisions for public access to serve the subject variance proposal in that the church is an established community church that draws its membership from the surrounding neighborhood allowing members to walk to the church. The site will have pedestrian access from both Eighteenth Street and Arizona Avenue and from the Seventeenth Court parking spaces. Public transportation to the site is available on Wilshire Boulevard (Big Blue Bus route No, 2), on Santa Monica Boulevard (Big Blue Buses routes No. 1 and No. 10), on Fourteenth Street and Twentieth Street (Big Blue Bus route No. 11). On-street parking is limited to two hours between certain times, except for neighborhood residents. Per Condition #43, the applicant shall be obligated to maintain at all times a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property. This shared-parking agreement has been successfully utilized by the church for past seventeen years. CONDITIONS : Plans 93. This approval is for those plans dated May 31, 2005, 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. 94. 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. 95. Final parking design, layout and specifications for the three proposed on-site parking spaces shall be subject to the review and approval of the Transportation Management Division. 96. 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. 60 Architectural Review Board 97. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 98. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 99. Construction period signage shall be subject to the approval of the Architectural Review Board. 100. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. 101. The Architectural Review Board, in its review, shall pay particular attention to the project's scale and articulation of design elements; materials; window treatment; glazing; landscaping, location and number of proposed trees; and the project’s compatibility with the existing structures on site. In addition, the Architectural Review Board shall pay particular attention to the nature and character of the design in relation to the historic church structure. The Board shall also closely review use of materials, details, and any attachments to the existing church structure. 102. As appropriate, the Architectural Review Board shall require the use of anti- graffiti materials on surfaces likely to attract graffiti. 103. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 61 104. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof. Demolition 105. Until such time as the demolition is undertaken, and unless 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 surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs. 106. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City’s Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Cultural Services Department and the City’s Tree Code (SMMC Section 7.40). No street trees shall be removed without the approval of the Open Space Management Division. 107. 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. 108. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 62 109. No demolition of buildings or structures 40 years of age or older shall be permitted until the end of a 60-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application. 110. Prior to issuance of any demolition permits, a demolition materials recycling plan shall be filed for approval by the Department of Environmental and Public Works Management which seeks to maximize the reuse/recycling of existing building materials. 111. The applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Environmental and Public Works Management/Environmental Programs Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries. Construction 112. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 113. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works management prior to issuance of the building permits. 114. 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. 63 Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. 115. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors 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 sidewalk is proposed to be used in conjunction with construction; 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 dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction-related truck routes, 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 normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-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) Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste; 17) Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; 18) provide a construction period water runoff control plan. 116. A sign shall be posted on the property in a manner consistent 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. 117. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 118. A copy of these conditions shall be posted in an easily visible and accessible 64 location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. Environmental Mitigation 119. 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.) 120. 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. 121. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Environmental and Public Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Applicant shall contact EPWM to determine applicable requirements, which include the following: ? Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; ? An sediments or materials which are tracked off-site must be removed the same day they are tracked off-site; ? Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties; ? Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site; ? Drainage controls may be required depending on the extent of grading and topography of the site. ? New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or principles, such as increasing permeable surfaces, diverting or catching runoff via swales, berms, and the like; orientation of drain gutters towards permeable areas; modification of grades; use of retention structures and other methods. Miscellaneous Conditions 65 122. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 123. 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. 124. 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 significance of the survey findings and appropriate actions and requirements, if any, to address such findings. 125. 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. 126. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot. Roof locations may be used when the mechanical equipment is installed within a soundrated parapet enclosure. 127. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. 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. 128. 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. 66 129. Prior to Final Inspection the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and Variance and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all time the establishment is in operation. Validity of Permits 130. 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. 131. 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. 132. 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 issuance of a building permit to commence the first phase of construction. A detailed phasing plan is required prior to issuance of this permit. In addition, a building permit for all phases of construction must be obtained within five (5) years of Conditional Use Permit effective date. However, the permit shall also expire if the building permit expires, if final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions shall not be granted if development standards or the development process 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. Special Conditions 67 133. The applicant shall discontinue all use of 1253 Seventeenth Street authorized by Conditional Use Permit 94-015 and cease to exercise any rights under that CUP immediately after final inspection of the proposed new classrooms at the 1260 Eighteenth Street property. 134. The applicant shall be limited to using a maximum of seven (7) classrooms from the hours of 5:00 p.m. to Midnight, Monday through Friday. 135. The applicant shall be obligated to maintain at all times a shared-parking agreement that makes available a minimum of twelve (12) parking spaces to parishioners and church guests on Sundays within 1,000 feet of the church property. Verification of this shared-parking agreement, or other communication acceptable to the City, must be provided annually. 136. The applicant shall be required to implement at all times the adopted Unitarian Universalist Church of Santa Monica Good Neighbor Parking Impact Reduction Plan. The applicant shall submit verification of compliance with this requirement annually. 137. For purposes of noise abatement in residential districts, organized outdoor activities shall be limited to the hours of 9:00 a.m. to 8:00 p.m. 138. Prior to issuance of a building permit, the applicant shall photo-document the subject property with black & white film, supplemented with digital photography and a new State Inventory Form (DPR 523 form) for submission to the City Planning Division. Photographic documentation shall be conducted in a manner acceptable to the City Planning Division and by an individual familiar with the recordation of historic buildings and prepared in a format consistent with the Historic American Buildings Survey (HABS) guidelines and standards for field photography. Views should include contextual views, all exterior elevations and detailed views of significant architectural/historical features. 68 VOTE Ayes: Brown, Clarke, Dad, Koning, O’Day, Pugh, Chair Johnson Nays: None Abstain: None Absent: None NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. _____________________________ _____________________________ Jay P. Johnson, Chairperson Date Acknowledgement by Permit Holder I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. ___________________________ Applicant's Signature Print Name and Title F:\CITYPLANNING\SHARE\PC\STOAS\2005\05CUP-004 (1260 18TH STREET) STOA.DOC 69 ATTACHMENT E JULY 20, 2005 PLANNING COMMISSION MINUTES 70 WEDNESDAY, July 20, 2005 CITY COUNCIL CHAMBERS 7:00 P.M. ROOM 213, CITY HALL 1. CALL TO ORDER: The meeting was called to order at 7:07 p.m. 2. PLEDGE OF ALLEGIANCE: Commissioner O’Day led the Pledge of Allegiance. 3. ROLL CALL: Ms. Schachter welcomed new Commissioner Hank Koning prior to the roll call. Present: Barbara Brown Darrell Clarke Julie Lopez Dad Hank Koning Jay P. Johnson Terry O’Day Gwynne Pugh Also Present: Laura Beck, AICP, Associate Planner Kyle Ferstead, Commission Secretary Jonathan Lait, AICP, Principal Planner Stephanie Reich, AIA, Urban Designer Barry Rosenbaum, Senior Land Use Attorney Amanda Schachter, Planning Manager Chair Brown welcomed Commissioner Koning and extended her thanks and best wishes to former Commissioner Hopkins. She stated that everyone will miss Commissioner Hopkins’ expertise and passion. Commissioner Clarke also welcomed Commissioner Koning and thanked Commissioner Hopkins for her four years of dedication to the position of Planning Commissioner. He commented on her intellectual thinking, the content of her comments and passion for the City. 3-A. ELECTION OF CHAIRPERSON AND CHAIRPERSON PRO TEMPORE: Chair Brown opened the nominations for Chairperson. Commissioner Dad nominated Commissioner Johnson for Chairperson. Commissioner Clarke seconded the motion, which was approved unanimously. Chair Brown congratulated Chair Johnson. Chair Brown opened the nominations for Chairperson Pro Tempore. Commissioner Johnson nominated Commissioner Pugh. Commissioner Dad seconded the motion, which was approved unanimously. Chair Brown congratulated Commissioner Pugh. 71 Chair Brown commented that she has very much enjoyed being Chairperson and has learned so much from acting as Chairperson. She stated she has the greatest respect for each Commissioner, for the work of the Commission and the work of staff. She concluded that she appreciated the opportunity to learn, grow and serve in the capacity of Chairperson. Chair Johnson thanked the Commission for their support and thanked Commissioner Brown for her service, expertise and professionalism. He stated he looks forward to working with all the Commission. Commissioner Clarke expressed agreement with Chair Johnson and stated that this has been the most challenging year in the six years he has served on the Commission due to the extensive Land Use Element update process. He thanked Commissioner Brown for “charting the course” this past year. Chair Johnson thanked Arlene Hopkins for her four years of service on the Commission and great contributions. He encouraged her to continue contributing, participating and to be active in the update process. Chair Johnson invited Commissioner Koning to introduce himself. Commissioner Koning stated he is Australian and moved here 26 years ago. He stated that he lives and works in Santa Monica and has raised two sons here. He concluded that he enjoys living in Santa Monica. 4. PLANNING DIRECTOR'S REPORT: Ms. Schachter gave the Director’s Report. Ms. Schachter reported that on Tuesday, July 12, 2005, the City Council heard an appeal of a Landmarks designation for xxx Nineteenth Street, which was overturned; and heard recommendations on the fences and hedges ordinance. She stated that the City Council has “grandparented” all existing fences and hedges with a registration process and an administrative process for height modifications for side and rear yards. On July 26, 2005, the City Council will hold a public hearing on the Ninth Street Text Amendment (non-conforming use); a Landmarks appeal for 125 Pacific Street; a Tract Map appeal; and a discussion on change to the State density bonus. Ms. Schachter announced there will be an Open House with the design team on July 28, 2005, for the “415 PCH” project and the Commission will need to make an appointment to a subcommittee for a fall workshop. Ms. Schachter announced the forthcoming Commission meetings as follows: August 3 (policy discussion), August 17 (development review), September 7 (policy discussion) and September 21 (development review). Chair Johnson stated he would not be available for the meeting on August 17, 2005. 72 5. PLANNING COMMISSIONER ANNOUNCEMENTS Commissioner Pugh reported that he has invited two guest speakers for the meeting on August 3, 2005. They are Donald Shoup, a professor at UCLA, and Jennifer Wolch, a Dean at USC and member of the Sustainable Cities Task Force. Ms. Schachter asked the Commission to keep the next agenda light as our regular attorney, Barry Rosenbaum, will not be at the meeting. Chair Johnson asked staff for a certificate of appreciation be made for Arlene Hopkins. He also stated that this meeting will adjourn in memory of Conrad Mellili. He stated that he passed away on July 5, 2005, and was a progressive activist in the City. 6. APPROVAL OF MINUTES: Consent Calendar 6-A. January 19, 2005 Commissioner Dad made a motion to approve the minutes January 19, 2005, as submitted. Commissioner Pugh seconded the motion, which was approved by voice vote. Commissioners Brown, Koning and O’Day abstained. 6-B. May 18, 2005 Commissioner Dad made a motion to approve the minutes for May 18, 2005, as submitted. Commissioner Clarke seconded the motion, which was approved by voice vote. Commissioners Koning, O’Day and Pugh abstained. 6-C. June 16, 2005 This item was continued because the date of the Commission hearing was actually June 15, not June 16. Commissioner Pugh commented on an issue raised on the first page of the minutes for June 15 and asked staff to report back. 7. STATEMENTS OF OFFICIAL ACTION: Consent Calendar 7-A: Appeal 05-003 of ARB 04-546, 1143 Eleventh Street Commissioner Pugh made a motion to approve the Statement of Official Action for 1143 Eleventh Street. Commissioner Clarke seconded the motion, which was approved by voice vote with Commissioners Dad and Koning abstaining. 7-B. Appeal 05-005 of ARB 05-060, 1524 Eleventh Street 73 Commissioner O’Day made a motion to approve the Statement of Official Action for 1524 Eleventh Street. Commissioner Clarke seconded the motion, which was approved by voice vote with Commissioners Dad and Koning abstaining. 7-C. Tract Map 05-002, 2019 Delaware Avenue [continued from June 16, 2005] Commissioner Pugh made a motion to approve the Statement of Official Action for 2019 Delaware Avenue. Commissioner O’Day seconded the motion, which was approved by voice vote with Commissioners Dad and Koning abstaining. 7-D. Tract Map 05-005, 1027 Twenty-First Street Commissioner O’Day made a motion to approve the Statement of Official Action for 1027 Twenty-First Street. Commissioner Pugh seconded the motion, which was approved by voice vote with Commissioners Dad and Koning abstaining. 7-E. Tract Map 05-006, 851 Nineteenth Street Commissioner O’Day made a motion to approve the Statement of Official Action for 851 Nineteenth Street. Commissioner Clarke seconded the motion, which was approved by voice vote with Commissioners Dad and Koning abstaining. 7-F. Tract Map 05-007, 1902-1914 California Avenue Commissioner Brown made a motion to approve the Statement of Official Action for 1902-1914 California Avenue. Commissioner Clarke seconded the motion, which was approved by voice vote with Commissioners Dad, Koning and O’Day abstaining. 7-G. Tract Map 05-011, 1127 Sixth Street Commissioner O’Day stated that he actually voted to abstain on this item. Staff will amended the Statement of Official Action. Commissioner Clarke made a motion to approve the Statement of Official Action for 1127 Sixth Street as amended. Commissioner Pugh seconded the motion, which was approved by voice vote with Commissioners Dad, Koning and O’Day abstaining. 7-H. Tract Map 05-012, 1415-1419 Centinela Avenue Commissioner O’Day made a motion to approve the Statement of Official Action for 1415-1419 Centinela Avenue. Commissioner Pugh seconded the motion, which was approved by voice vote with Commissioners Dad and Koning abstaining. 74 8. PUBLIC HEARINGS: Consent Calendar 8-A. Tract Map 05-014, Vesting Tentative Parcel Map 061226,811 Nineteenth Street. The applicant requests approval of a Vesting Tentative Parcel Map (VTTM No. 0621226) to subdivide one lot into five airspace parcels in conjunction with a proposed five-unit residential condominium development. [Planner: Scott th APPLICANT/PROPERTY OWNER: 811 19 Street LLC. Albright, AICP] The Commission had no ex parte communication disclosure for this project. Principal Planner Jonathan Lait gave the staff report. The applicant’s architect, Farhad Ashofteh, was present to respond to questions. The following members of the public addressed the Commission regarding this application: Helen Benninger, Steven M. Schwartz, Susan Schmidt, and Robert Schwartz. Mr. Ashofteh responded to the public comment. Commissioner Dad asked staff to outline the approval process for tract maps. Mr. Lait explained the approval process including public hearings before the Commission, Architectural Review Board (ARB), plan check review and recording the final map with the County Assessor’s Office. Commissioner Dad emphasized the limits of the Commission’s jurisdiction for tract maps and how the public can participate in the process. Mr. Lait stated that the Commission’s authority is to approve the multiple airspaces units on a lot for construction of a condominium and that a map must be approved if it complies with the General Plan. Compliance includes that the proposed map does not exceed density and height restrictions for the district it is located in. Mr. Lait further stated that the public input is received during the design review process, which includes materials, colors, pedestrian orientation and neighborhood compatibility. Commissioner Dad stated that she asked these questions because she wants those present to understand the limits of the Commission’s authority, then encouraged the public to speak at the ARB hearing. Commissioner Koning asked staff for the height limit in this district. Mr. Lait stated that the height limit is 23-feet for a flat roof, but could extend to 30-feet if certain development standards are met. Commissioner Koning asked for the number of stories proposed for this project. Mr. Lait stated the request is for two stories. Commissioner Pugh commented that, based on the new multi-family development standards, only the ARB reviews the full plans for condominium projects. Mr. Lait stated that the Commission only reviews the tract map. 75 Commissioner Clarke thanked the public for participating. He explained that the City Council set new regulations so that condominiums are permitted by right if they meet the requirements for the district they are located in. He emphasized that the ARB can change some design things and encouraged the public to participate in that hearing process. Chair Johnson asked Mr. Lait to explain the ARB approval process. Mr. Lait stated that currently the Urban Designer works with applicants to encourage compatible design for the neighborhood. He stated that the public can review file and ask questions of staff. Commissioner Clarke asked staff to comment on the Construction Rate Program. Mr. Lait explained the Construction Rate Program, which limits new construction within a 500-feet by staggering building permit approvals for 15-months after another permit is granted. Chair Johnson closed the public hearing. Commissioner Clarke made a motion for approval. Commissioner Pugh seconded the motion. The motion was approved by the following vote: AYES: Brown, *Clarke, *Dad, Johnson, Koning, O’Day, Pugh. * Commissioners Dad and Clarke asked the record to show their votes were “reluctantly” made. 9. PUBLIC HEARING: Continued 9-A. Appeal 04-014, 1402 Third Street Promenade. Appeal of the Zoning Administrator’s denial of Use Permit 04-004 to construct an unmanned wireless telecommunication facility on the roof of an existing three-story building. The equipment consists of three sectors of four antennas each attached to the sides of an existing rooftop mechanical room and two GPS antennas mounted to a proposed 9-foot high roof mounted equipment shelter. Associated mechanical equipment will be located within the proposed 121 square foot, 9-foot high equipment shelter. The proposed design does not comply with the location requirements of Santa Monica Municipal Code (SMMC) 9.04.10.06.110(a). Pursuant to SMMC Section 9.04.10.06.110(b) the Zoning Administrator may approve modifications to the design standards for non-parabolic commercial antennas. The request to modify the design standards requires a Use Permit application. The Zoning Administrator denied the Use Permit following a public hearing. This item was continued from the March 16, 2005 Planning Commission meeting and the May 18, 2005 Planning Commission meeting. APPLICANT: Tetra Tech Communication [Planner: Laura Beck, AICP] Services, representing Nextel Communications. PROPERTY OWNER: Ellen 76 B. Brown, Trustee of Boulhoulsos Brown Trust. APPELLANT: Nextel Communications. The Commission made the following ex parte communication disclosures for this appeal: ? Commissioner Pugh disclosed he had a ten-minutes conversation with Mr. Koos regarding application information and some correspondence and he drove by the site prior to this evening’s meeting. ? Commissioner O’Day disclosed that he also spoke to Mr. Koos regarding scheduling a time to meet, however the meeting did not occur, and he also visited the property. ? Commissioner Clarke disclosed that he spoke with Mr. Koos on the telephone on July 13, 2005, regarding application content and drove by the site prior to the meeting this evening. ? Chair Johnson disclosed that he also spoke to Mr. Koos, but did not meet with him. ? Commissioners Brown, Dad and Koning had nothing to disclose. Commissioner Dad asked staff if a customer of this wireless service would need to recuse themselves from this hearing. Senior Land Use Attorney Rosenbaum stated that it is not under a conflict of interest, however it may be a common law conflict. Ms. Beck gave the staff report. Chair Johnson expressed confusion about the staff recommendation. Ms. Beck directed the Commission’s attention to the top of page five of the staff report. Chair Johnson asked staff for the process on hearing from Jonathan Kramer. Staff stated that Mr. Kramer is the City’s wireless consultant. Jonathan Kramer addressed the Commission regarding this appeal. Commissioner Clarke asked staff why all the technical jargon is being presented. Senior Land Use Attorney Rosenbaum explained that there is an overlap of City and Federal jurisdiction as regards the field of wireless communication. He further explained that the Zoning Administrator’s Use Permit review deals primarily with aesthetics while on the Federal level, issues of coverage and other technical issues require approval. Commissioner Pugh asked staff for the height limits for this area. Ms. Beck stated that the maximum height is 56-feet and four stories. Commissioner Pugh noted that the request is within the permitted height limits. He then asked for the height of the mechanical equipment enclosure. Ms. Beck stated that the permitted mechanical equipment enclosure height allows an exemption if the enclosure is be necessary for the function of the building. 77 Chair Johnson asked staff about Special Condition #7 and whether such an annual report has ever been issued. Mr. Kramer explained that antennas mounted on a roof are accessible to people, so EMF emissions are a concern. He also explained the Federal Communications (FCC) breaks down their concerns in two categories: (1) those people who do not know the antennas are present and (2) company workers who understand the capabilities and dangers of the antenna equipment. He stated that window-washers and air conditioning repair people fall into the first category. Chair Johnson asked if excess emissions are ever detected. Mr. Kramer stated that emissions change over time, but must comply with FCC regulations. Commissioner O’Day asked Mr. Kramer to discuss less intrusive options. Mr. Kramer responded that he had asked Nextel if they could use the two existing roof structures, but he received no clear answer from Nextel. He stated that he suggested the equipment could be placed in the trash enclosure if the new deployed antenna systems were used, however he was told that the new equipment required a controlled environment vault which would not work in the trash enclosure area. Commissioner O’Day asked Mr. Kramer about the relationships between placement of antennas and the equipment room. Mr. Kramer stated that it is best to have the antennas in close proximity to the equipment room. Commissioner Brown asked staff where it would leave the applicant if the staff report recommendation was adopted to approve the Use Permit antenna, but not the equipment enclosure. Ms. Beck stated that per Condition #13, the issue is the location of the mechanical equipment on the roof so adopting the staff recommendation means the applicant finds a new location for the mechanical equipment and returns to the Zoning Administrator for review. Commissioner Koning asked Mr. Kramer about placement of the mechanical equipment. Mr. Kramer stated that it can be placed further from the antennas, however this requires an increase in the transmitter or cable size to make everything compatible. He stated that the issue here is the size of the enclosure. Commissioner Koning commented that this is basically an aesthetics issue. The applicant/appellant team consisted of John Koos, David Borchard, an RF Engineer for Nextel Communications and Maryela Martinez One member of the public, Robert Donin, addressed the Commission. Commissioner Pugh responded Mr. Donin by saying that the issue is not having the wireless facility, but rather the appropriate location for the mechanical equipment and whether the structure is aesthetically pleasing. Mr. Koos waived his response time. 78 The Commission discussed the aesthetic issue and noted that project still requires Architectural Review Board approval. The Commission expressed their appreciation of staff’s effort on this appeal and generally supported the staff recommendation. Senior Land Use Attorney Rosenbaum stated for the record that the FCC Telecommunications Act states that a local jurisdiction cannot base denial on RF coverage and a significant gap in coverage is also not a reason to deny the application. Commissioner Dad made a motion to approve staff’s recommendation based on the fact that staff will work with the applicant to solve the aesthetics issue. Commissioner Brown seconded the motion. The motion for staff’s recommendation was denied by the following vote: AYES: Brown, Dad, Johnson; NOES: Clarke, Koning, O’Day, Pugh. Commissioner Pugh made a motion to accept the portions of the staff report that approve the antennas and accept the siting and location of the equipment as proposed by Nextel. Commissioner Clarke seconded the motion. The motion for staff’s recommendation was denied by the following vote: AYES: Brown, Dad, Johnson; NOES: Clarke, Koning, O’Day, Pugh. Commissioner Dad made a motion to approve the Use Permit for the antennas and ask the applicant to work on the mechanical equipment siting issue so the structure will be less visible. Commissioner Brown seconded the motion. Commissioners Clarke and Koning discussed rooftop options and that this application will also have to go to the ARB for review. The motion by Commissioner Dad was denied by the following vote: AYES: Brown, Dad, Johnson; NOES: Clarke, Koning, O’Day, Pugh. Commissioner Pugh made a motion to uphold the appeal. Commissioner Clarke seconded the motion. The motion to uphold the appeal was approved by the following vote: AYES: Clarke, Koning, O’Day, Pugh; NOES: Brown, Dad, Johnson. [The Commission took a break from 9:32 p.m. to 9:46 p.m.] 79 10. PUBLIC HEARINGS: 10-A. Conditional Use Permit 05-004 & Variance 05-006,1260 & 1248 Eighteenth Street. The proposed project is a request to establish the existing Unitarian Universalist Community Church as a legal conforming use and to construct a 3,402 square foot two-story addition to an existing building on site (the Forbes Building) currently used for church-related educational activities. The proposed project also includes a request to convert the existing residence at 1248 Eighteenth Street for use as a church office and to relocate it approximately 6’-0” further away from the north property line and 13’-0” toward the east property line in order to comply with sideyard setback requirements. The proposed project will allow the church to consolidate the activities currently held in the sanctuary building and in a building across the alley at 1253 Seventeenth Street on a single parcel. The applicant is also requesting Variance 05-006 to allow for the proposed expansion without providing twelve (12) parking spaces required for the additional square footage. [Planner: Roxanne Tanemori] APPLICANT/PROPERTY OWNER: Unitarian Universalist Community Church. The Commission had no ex parte communications to disclose. The Urban Designer, Stephanie Reich, gave the staff report. The applicant’s team consisted of Carol Kerr, Allison Kendall and architect Ralph Mechur. They made a presentation to the Commission regarding their application. Chair Johnson announced there are almost twenty requests to speak and asked the Commission if they wished to reduce the allotted time for public speakers. Commissioner Clarke made a motion to reduce the public speaking time from three minutes to two minutes. Commissioner O’Day seconded the motion, which was approved by voice vote. Commissioner Dad voted against the motion. The following members of the public addressed the Commission: Patrick Hernandez, Gordon McRee, Emily A. Hero & Amelia Harati, , Steve Paddock, Keith Ludowitz, Mel Horan, Catherine Farmer (for Lloyd G. Drum), Janet Buic, Carol Agate, Yoolie Chong, Joseph Hamilton, Blair Cablahard, Keith Gasola, Jim Englis, and Shannon Dittbrenner. One member of the public, Dorothy Steinicke waived her opportunity to speak and Joy Nuygen was not present when her name was called. Ms. Kendall and Mr. Mechur responded to the public comment. Commissioner Pugh asked Mr. Mechur why fourteen parking spaces could not be provided on-site. Mr. Mechur explained the overall layout of the site and 80 stated that the only way to achieve the required parking would be to have underground parking, which would be expensive and result in the loss of the house. Mr. Mechur stated that the prior Conditional Use Permit (CUP) application included provision for the use of the nearby UCLA-Santa Monica Hospital parking structure. Commissioner Pugh commented on the parking problems in the neighborhood. Ms. Kendall explained that the off-site parking is used on Sundays when the Church site is most used and that the purpose of this application is to better accommodate the needs of the Church as well as to provide the children a good space for their activities. She stated that to provide the required parking on-site would result in three surface parking lots. She also stated she can work with the groups using the facility at night regarding the parking issues. Chair Johnson asked the applicant how the expansion of the UCLA-Santa Monica Medical Center will impact the area parking. Mr. Mechur stated the impact is unknown. Chair Johnson asked about the usage of the parking structure on week-nights. Mr. Mechur stated there is no access on week-nights. Commissioner Koning asked about the use of the three on-site parking spaces. Mr. Mechur stated they are used by Church staff. Commissioner Clarke asked staff if there is preferential parking in the neighborhood. Ms. Reich stated she would need to check on that. Ms. Kendall stated her understanding that there is a two-hour zone adjacent to the Church which ends at 9:00 p.m. Commissioner Brown asked the applicant if the agreement with the UCLA-Santa Monica Medical Center is a written agreement. Ms. Kendall answered in the affirmative and stated that there are two letters, one from 1988 and one as a result of the last CUP approval. She further stated that under the agreement the Church provides a parking attendant and users need a parking pass to use the structure. Commissioner Brown asked if there has been discussion about the ability to use the parking structure on week-day evenings. Ms. Kendall stated that this has not been discussed, basically because the evening uses are not church- related. She added that the users of the facility include long-standing programs. Commissioner Pugh asked the applicant if there has been consideration of using tandem or “tuck-under” parking to add additional on-site parking spaces. Mr. Mechur stated that tandem parking is not permitted and perhaps some additional spaces could be provided on-site, but this would likely cause the lose of needed classroom space. Commissioner Pugh commented on the effects of expanding the preferential parking hours. Ms. Kerr stated that could cause a major scaling back of services to the community and possibly abandoning the site altogether. 81 Chair Johnson suggested diagonal parking spaces be considered on Seventeenth Street. Mr. Mechur stated that if the City restriped the street there would be a 50%-60% increase in parking spaces, however the Transportation Management Division would need to review such a request. Chair Johnson closed the public hearing. Commissioner O’Day asked staff to clarify the prior CUP approval, which included a variance for thirteen parking spaces. Ms. Reich stated that the prior CUP request required sixteen parking spaces and this request requires twelve parking spaces. Commissioner Dad commented on the parking problems in the neighborhood and stated that the City cannot ask new buildings to solve old problems. She noted that the Church is already using off-site parking and that the proposal preserves existing potentially historic buildings. Commissioner Dad expressed the opinion that asking the applicant for more parking is unfair and reminded the Commission of Saint Monica’s application to increase parking which resulted in the removal of a historic home and did not solve the parking problem in that neighborhood. Commissioner Clarke commented on the loss of the “historic fabric” of Santa Monica and that this Church is as historic as the old bungalows in the neighborhood. He commented on the great design for the new facility space and the retention of the bungalow. Commissioner Brown stated she sees no basis to deny the application, and then asked staff about the request for seven-year vesting instead of the usual three- year period. Ms. Reich commented that staff deliberated a long time on this issue and tried to balance the request with past practice. Commissioner Brown asked staff for the “downside” of a seven-year vesting. Ms. Schachter stated that there are two downsides: the unusual length for the size and scope of the project and the possibility that development standards could change during the seven-year time frame. Chair Johnson asked if vesting can be extended. Ms. Schachter stated that an Administrative Extension can be filed. Chair Johnson commented on the length of the Saint John’s Hospital agreement. Ms. Schachter explained that Saint John’s has a master plan and seventeen year agreement, not a CUP. Commissioner Brown commented on the request to permit children in the courtyard beginning at 9:00 a.m. Ms. Reich stated that may not be an undue hardship. Chair Johnson asked staff if there could be a condition of approval that the applicant work with the Transportation Management Division to develop a 82 comprehensive parking plan. Ms. Reich stated that this is outside the purview of this CUP, however a discussion could be agendized. Commissioner Pugh discussed the feasibility of creating “tuck-in” parking on the alley side, which would preserve the bungalow, however it would require some rearranging some spaces including relocating the kitchen and adding square footage elsewhere in the building, but would achieve seven parking spaces. He stated it would add about $100,000 to the project. He expressed the opinion that there has been no serious attempt to increase parking on-site and parking availability is a severe problem in this neighborhood. Commissioner Pugh commented that additional parking would make it easier to set-up carpools for the evening groups. Commissioner Clarke cited plan Sheet A2.0 and talked through the parking proposal presented by Commissioner Pugh. Parking issues were discussed by the Commission. Commissioner Pugh asked Mr. Mechur his opinion on the proposed parking solutions. Mr. Mechur commented the proposal would obliterate the north courtyard, which is needed green space and moving the kitchen would reduce light into the social hall. He also commented that adding three parking spaces in the alley would mean more drivers circling for available parking spaces. Commissioner Dad made a motion for approval with staff conditions and with a five-year vesting period and outdoor uses from 9:00 a.m. to 8:00 p.m. Commissioner Brown seconded the motion. The motion was approved by the following vote: AYES: Brown, Clarke, Dad, Johnson, Koning, O’Day, Pugh. 10-B. Conditional Use Permit 05-005,1348 Pico Boulevard. Application for a Conditional Use Permit to allow a Type 20 alcohol license (off-premise beer and wine sales) for an existing self-service gas station with a previously approved APPLICANT: convenience store/mini-mart. [Planner: Laura Beck, AICP] Jacques Massachi. PROPERTY OWNER: Golden Coast, LLC. WITHDRAWN BY APPLICANT JULY 15, 2005. 10-C. General Plan Amendment 05GPA-005 & Environmental Impact Report 05EIR -001, Citywide. Proposed General Plan Land Use Element Amendment to allow development of automobile dealership parking structures in low and medium density housing districts and Parking Overlay Zones on properties currently used legally in conjunction with an automobile dealership, subject to development standards and discretionary review. Adoption of this amendment is required prior to Council adoption of an interim ordinance revising uses and 83 standards applicable to automobile dealerships. [Planner: Elizabeth Bar-El, APPLICANT: City of Santa Monica. AICP] Based on the Commission’s Rules of Order regarding not beginning new agenda items after 11:00 p.m., Commissioner Clarke made a motion to consider Item 10- C. Commissioner Koning seconded the motion, which was approved by voice vote with Commissioner Pugh voting in the negative. Principal Planner Jonathan Lait gave the staff report. Commissioner Pugh asked staff why this amendment is before the Commission at this time when the Land Use Element of the General Plan is in the process of being updated. Mr. Lait explained that this amendment has been in process since before the Land Use Element update process began and this amendment takes the conceptual idea and moves it forward toward implementation. Commissioner Clarke asked for the specifics for heights and setbacks for the structures. Mr. Lait stated the City Council established the heights at 23-feet in the R-2 District and 28-feet in the R-3 District and this will be established through the interim ordinance. He further stated that the City Council will vote on the final standards when the Interim Ordinance is reviewed. Chair Johnson asked if the Commission will see the Interim Ordinance. Mr. Lait stated that it goes directly to City Council for review and will include recommendations from both the Commission and City Council. In response to a question from Commissioner Clarke, Mr. Lait stated that the details are still being refined based on a thorough analysis. Chair Johnson commented on rooftop parking, which he understood would not be permitted on the “A” lots. Mr. Lait responded that City Council directed staff to include rooftop parking with an eight-foot parapet. Chair Johnson announced that the public speakers would have two minutes each to speak. The following members of the public addressed the Commission: Winson Hoang, Jerry George, Gordon McKee, Chris Harding, Sharon West, D. Jensen, and Chuck Allord. The following members of the public submitted request to speak forms, but were not present when their names were called: Shevaun Begley and Robert Dean. Chair Johnson closed the public hearing. Commissioner Pugh commented on various issues including applying the residential standards on common lot line with residential lots and the special standards for egress to “A” lots (Attachment D, page ten, F-1). He also commented on Item H, page eleven, reversion of lots to residential use, and this needs “more teeth” so a reversion does occur when applicable. He concluded by 84 saying that the automobile dealers need to understand that granting these new standards means the need to address and mitigate issues of complaint by neighbors, such as off-loading of vehicles in the street and employee parking. Commissioner Koning expressed agreement with Commissioner Pugh. He suggested that the following architectural elements that are permitted to exceed the height limit (such as stair towers and mechanical units) should be on the commercial side of the property. He expressed concern with lighting on top of the parking structures intruding into residential properties. Commissioner Koning also expressed concern regarding mechanical exhaust discharge and noise intrusion and that this equipment should be directed toward the commercial side of the property. He suggested that rooftop parking be limited to inventory storage only. Commissioner Clarke asked staff to explain the Interim Ordinance standards in relation to the Land Use Element amendment. Ms. Schachter explained that the Commission is making a recommendation on the General Plan Amendment to the City Council and Commission comments may be included in the report to the City Council. Senior Land Use Attorney Rosenbaum added that the Commission is taking formal action on the recommendation to the City Council on the Environmental Impact Report (EIR ) and General Plan Amendment and may give direction to staff to forward comments to the City Council. Commissioner Clarke suggested forwarding amendments to Attachment A to the City Council. Chair Johnson asked if there were further comments, then asked for a motion. Commissioner O’Day made a motion per staff’s recommendation to recommend certification of the EIR and Commissioner Dad seconded the motion. Commissioner Brown stated that she wrestled with this issue when it came before the Commission previously and she wants the public to understand that the Commission believes, in balance, that the placement of structures on these lots would benefit both residents and dealerships. She then voted “yes” on the motion. The motion was approved by the following vote: AYES: Brown, Clarke, Dad, Johnson, Koning, O’Day, Pugh. *Commissioner Clarke reiterated the statement made by Commissioner Brown as did Commissioner Dad. Commissioner Clarke commented on Policy 1.2.3. He expressed the opinion that this would be something the Commission can amend. Commissioner Pugh concurred. Commissioner Clarke commented on height limits and limiting the parapet heights. Commissioner Pugh stated he is comfortable with the parapet 85 height limits being based on the R-3 height standards, but suggested it could be appealed under a variance procedure. Chair Johnson asked if the language should be redrafted now or continue this item to next meeting. Commissioner Dad suggested removal of the language in question. Mr. Lait stated that Commissioner Dad’s suggestion would be appropriate based on the other Commissioner’s comments. The Commission was in agreement about deleting the sentence. Commissioner Dad made the motion to recommend the City Council amend General Plan Polices 1.2.2 and 1.2.3 as amended and based on the attached findings. Commissioner Pugh seconded the motion. The motion amending the language was approved by the following vote: AYES: Brown, Clarke, Dad, Johnson, Koning, O’Day, Pugh. There was discussion regarding points discussed earlier that needed to be delineated for City Council. Commissioner Pugh asked that the discussion points be recorded and forwarded to City Council. Mr. Lait stated that staff has taken note of the discussion points. Chair Johnson asked for a voice vote on the recommendations made by Commissioners Koning and Pugh on the parking structure. Commissioner Dad so moved. Commissioner Clarke seconded the motion, which was approved by voice vote. Commissioner Clarke asked that the Commission think about the parcels involved are R-2 and R-3, which consists mostly of low scale development. He expressed concern that the structures will be over-scale for the areas. Chair Johnson recommended that this be discussed at another meeting as a discussion item. Staff stated this amendment is going to the City Council on August 9, 2005. Commissioner Dad commented that it can “be fixed” as part of the Land Use Element Update. 11. WRITTEN COMMUNICATIONS: 11-A. Planning Commission Caselist 11-B. Cumulative Projects List 12. DISCUSSION: 12-A. Input, discussion and possible action on policies, process, materials, timeline, participation strategies and related issues pertaining to the Shape the Future 2025 and Motion by the Ocean projects. The Commission did not hold a discussion. 86 13. FUTURE COMMISSION AGENDA ITEMS: None. 14. PUBLIC INPUT: Chuck Allord addressed the Commission. 15. ADJOURNMENT: The meeting was adjourned at12:41 a.m. Chair Johnson adjourned the meeting in memory of Conrad Mellili who passed away July 5, 2005. He stated that Mr. Mellili was a long time resident of Santa , Monica and very active in Cityincluding with Santa Monica’s for Renter’s Rights, the Santa Monica Democratic Club, the Lincoln Boulevard neighborhood associations and worked for years with City Council and Planning Commission to clean-up unsavory situations along Lincoln Boulevard. He concluded that Mr. Mellili will be sorely missed by the community. 8/8/2005 Help Us Shape the Future! Be part of the effort to create new Land Use and Circulation Elements, and a new Zoning Ordinance. Help shape a twenty year vision and improve the way we get around Santa Monica. http://www.shapethefuture2025.net http://motion.santa- monica.org 87 ATTACHMENT F LETTERS RECEIVED SINCE THE JULY 20, 2005 PLANNING COMMISSION MEETING Electronic version of attachment is not available for review. Document is available for review at the City Clerk’s Office. 88 ATTACHMENT G PROJECT PLANS & PHOTOS Electronic version of attachment is not available for review. Document is available for review at the City Clerk’s Office. 89 ATTACHMENT H UNITARIAN UNIVERSALIST CHURCH OF SANTA MONICA GOOD NEIGHBOR PARKING IMPACT REDUCTION PLAN Electronic version of attachment is not available for review. Document is available for review at the City Clerk’s Office. 90