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SR-402-009 (2) CjED:PB:DKW:DM PCjDMCCMEMO Council Mtg: November 7, 1989 'II? 2--- P{) 9 Santa Monica, California fl.. ~. NOV L(o~ - 06q t , S-...A 7 1989 , . TO: Mayor and City Council FROM: City Staff SUBJECT: Appeal of Planning commission Technical Denial of Conditional Use Permit 89-036 to Allow the Construction of a 3,500 Square Foot Meeting Hall with One Residential Unit and parking for 42 Cars at 2119 Virginia Avenue. At the ci ty Council meeting of October 17, 1989, the Council reviewed an application for a Conditional Use Permit to allow the construction of a 3,500 square foot Jehovah's Witness Meeting Hall with one residential unit and parking for 42 cars at 2119 Virginia Avenue. The item was continued to the November 7, 1989 meeting in order to ensure that proper notification procedures had been followed. The City council also asked staff to revise the Conditional Use Permit findings contained in the Planning Commission staff report. The revised findings are attached for your review. RECOMMENDATION It is respectfully recommended that the City Council reverse the Planning Commission's technical denial of cup 89-036 and approve the proposal subject to the conditions contained in the Planning Commission staff report dated August 16, 1989 and the attached findings. Prepared by: David Martin, Paul Berlant, Associate Planner Director of Planning;ll.. -I. 5'"'-A - 1 - NOV ,l~tj~ . . -.............. 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 residential uses are permitted and places of worship are conditionally permit- ted in the R2 District. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the proposed use would be located in a multi-family residential district where places of worship are conditionally permitted and adequate provisions have been made to ensure that the use is compatible with adja- cent properties. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the proposed project con- forms to the lot coverage and density requirements for the R2 District. 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 there are no land uses presently on the subject parcel. 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 use conforms to the requirements for the R2 District. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the proposed development is an in-fill of urban land adequately served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that the subject site is adequately served by existing streets. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that all setback and lot coverage requirements for the R2 District have been met. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that places of wor- ship are permitted in the Low Density Housing area. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the projects conforms with the regulations for the R2 District. - 1 - . . ---- ~ 11. The proposed use conforms precisely to the applicable per- formance standards contained in Subchapter 6, Section 9050 and special conditions outlined in Subchapter 7, Section 9055 of the city of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that the proposed use does not require a Performance Standard Permit. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that there is not an overconcentration of such uses in _ the immediate vicinity. - 2 - ~ . . DM PC/DMCCMEMO 10/31/89 - 2 - . . " r-- ! , ; J , ./ . ., MEMORANDUM OPINION NUMBER 89-36 DATE: November 7, 1989 TO: Mayor and City Council FROM: Robert M. Myers, City Attorney Joseph Lawrence Assistant city Attorney Laurie Lieberman, Deputy city Attorney SUBJECT: Appeal of Planning Commission Technical Denial of Conditional Use Permit for Jehovah's witness Meeting Hall at 2119 virginia Avenue In light of the possible First Amendment issues posed by the proposed Jehovah's Witness project, the City council must be fully cognizant of the legal constraints that control evaluation of this project. The c?nstitutionality of the City's Zoning Ordinance provisions 1n this area, which allow places of worship in residential zones pursuant to a conditional use permit, is not in question. Such zoning schemes have long been upheld by the courts. Matthews v. Board of Supervisors of the county of Stanislaus, 203 Cal. App. 2d 800, 21 Cal. Rptr. 914 (1962). These ordinances neither tend to "establish" a religion nor inhibit the "free exercise" of religion. However, while the City can lawfully require a church to proceed by CUP, the City cannot arbitrarily deny a church the right to locate within a residential zone. For instance, in Redwood City Company of Jehovah's Witnesses, Inc. v. City of Menlo Park, 167 Cal. App. 2d 686, 335 P.2d 195 (1959), the Court of Appeals overturned Menlo Park's denial of a CUP to a church. In that case, the court concluded that it was improper to deny the CUP because it was clear that the church complied with all parking and other technical requirements of the zoning code, a conclusion concurred in by the Menlo Park City Attorney and planning staff. Significantly, the court rejected the conclusion that the church would not serve "the public health, safety, comfort, convenience and general welfare" and "would be detrimental to the public welfare or injurious to the property or improvementfl in the neighborhood. The court did so because other churches existed in the neighborhood and there was no evidence in the record to indicate how this church would be of harm to the community. Indeed, the court noted that it would be "difficult to believe that a court would sustain a finding that a church would be detrimental to the morals of a community or except as to - 1 - . . the traffic problem, would be adverse to the community's health, safety or comfort. It Id. at 691, 335 P.2d at 202. Since, as noted, unquestionably the church complied with the technical requirements of the zoning code, there existed no legal basis to deny the CUP. According to the Planning Division staff, the proposed project meets all Zoning Ordinance, including parking, requirements. On that basis, the staff has recommended approval. Three of the four Commissioners present at the Planning Commission meeting where this project was considered found the project meritorious. Should the city Council decide to uphold the appeal and deny the proposed project, it must make very clear findings explaining the basis for such a decision. Any such findings must be based on evidence in the record. It is not sufficient to deny the CUP based on a finding that there are "too many" churches in the neighborhood or that, even though the technical zoning code requirements are met, those requirements fail to adequately protect the neighborhood. 11662jhpc - 2 -