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SR 05-10-2022 6A City Council Report City Council Meeting: May 10, 2022 Agenda Item: 6.A 1 of 21 To: Mayor and City Council From: David Martin, Director, Administration Subject: Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd Recommended Action Staff recommends the City Council: 1. Deny Appeal 20ENT-0275 and approve Conditional Use Permit 19ENT-0250 and Minor Modification 20ENT-0066 for a 7,280 square foot expansion to the Carlthorp School, rooftop playcourt, and 0.29% increase to the allowable ground floor parcel coverage, based upon the findings and analysis outlined in this report. 2. Adopt the CEQA Findings in this Staff Report under “Compliance with California Environmental Quality Act.” Summary Carlthorp Elementary School (“Carlthorp”) operates a 280-student K-6 school at 438 San Vicente Boulevard. On November 4, 2020, the Planning Commission approved Conditional Use Permit (CUP) 19ENT-0250 and Minor Modification 20ENT-0066 (amending Conditional Use Permit 95-012) to allow a 7,280 square foot expansion to the school and new rooftop playcourt and a 0.29% increase to the allowable ground floor parcel coverage for the school. On November 18, 2020, the appellant, Steven Salsberg, filed a timely appeal (20ENT-0275) of the Planning Commission’s approvals. The appeal statement raises concerns regarding (1) incorrect plan exhibits, (2) violations of CUP 95-012, the Conditional Use Permit issued to Carlthorp in 1995 that currently governs use of the property, (3) compliance of the proposed project with the Zoning Ordinance, (4) concerns over use of the proposed multipurpose room and 6.A Packet Pg. 486 2 of 21 whether it qualifies as a classroom requiring additional parking, (5) procedural flaws, (6) noise impacts, (7) privacy impacts, and (8) concerns about lack of access to information. On February 21, 2022, Frank P. Angel of Angel Law submitted a letter to the City Council on behalf of the Appellant and “all similarly situated residents of Santa Monica and all Santa Monica citizens interested in or benefitting from City Council compliance with the Ralph M. Brown Act requesting that the public hearing for Appeal 20ENT-0275, originally scheduled for February 22, 2022, be taken off calendar and re- noticed. On February 22, 2022, for agenda management purposes, the City Council voted 7-0 to continue the appeal hearing to March 15, 2022. On March 15, 2022, the City Council voted 7-0 to continue the appeal hearing to April 12, 2022. The Appellant requested this item be continued beyond April 12, 2022, and it was rescheduled for May 10, 2022. The letter asserts two separate violations of California law to support the request that the appeal hearing be continued: • Ralph M. Brown Act (“Brown Act”) – improper notice of the appeal hearing • California Environmental Quality Act (“CEQA”) - Inappropriate use of CEQA Exemptions The Appeal section of this staff report responds to the claims raised in Mr. Angel’s letter and concludes that no violation of the Brown Act or CEQA has occurred. However, some inadvertent typographical errors relating to the CEQA exemption were discovered in the original staff report and, therefore, an updated Draft STOA with CEQA exemption determination has been prepared (Attachment B). The City Council voted on March 15, 2022 to continue the appeal hearing. Since that time, the appellant submitted concerns regarding the proposed project’s compliance with zoning standards. Specifically, the appellant asserted that two portions of the existing building do not meet the definition of a basement, based on the current Zoning Ordinance. As a result, the applicant submitted revised plans on March 31, 2022 that reduced upper level parcel coverage to be within maximum parcel coverage limits. Subsequently, the appellant asserted that parcel coverage was shown incorrectly on the 6.A Packet Pg. 487 3 of 21 plans. On April 26, 2022, the applicant submitted further revised plans that updated parcel coverage calculations on the ground floor and upper levels and also clarified parcel coverage and floor area on the plans through color coding and labelling. However, main components of the project and the applicant’s minor modification request did not change. Approval of the CUP and Minor Modification would afford Carlthorp School the ability to add square footage below grade, at-grade and at the second-floor levels and as conditioned, the request is comparable to the adjacent residential uses within the area and will maintain the integrity of the neighborhood. Staff has reviewed the appeal as it relates to Carlthorp’s requests, and has determined that the required findings set forth in SMMC Section 9.41.060 and 9.43.090 can be made in the affirmative to approve the requested Conditional Use Permit and Minor Modification, respectively, as detailed in the draft Statement of Official Action (Attachment B). Pursuant to SMMC Section 9.37.130 relating to appeals, Council’s review of the Conditional Use and Minor Modification approval is de novo. Council may review and take action on all determinations, interpretations, decisions, judgments, or similar actions that were in the purview of the Planning Commission. Background Carlthorp School was established in 1939 and has been in operation at its present location since 1941. The school is a private kindergarten thru 6th grade elementary school. Subsequent to the 1994 Northridge Earthquake, the school expanded in lot size and building floor area after acquiring and demolishing an adjacent, vacant 17-unit apartment building that was “red-tagged” or deemed structurally unsound. On June 12, 1996 the Planning Commission approved the following entitlements: • Development Review Permit 95-003; • Conditional Use Permit 95-012; 6.A Packet Pg. 488 4 of 21 • Variance 95-022; • Certification of an Environmental Impact Report and Adoption of Statement of Overriding Considerations The subject property is located in the Low Density Multi-family Residential (R2) Zone District on a rectangular parcel of 46,362 SF, situated on the south side of San Vicente Boulevard between 4th and 7th Streets. The parcel is surrounded by multi-family properties to the east (22-unit condominium) and west (24-unit apartment) and two single-family dwellings located across from Georgina Place Alley to the south. The school acquired and expanded onto an adjacent property in 1996 and as such the school parcel is larger than any other parcel on this block. Figure 1: Site Map 6.A Packet Pg. 489 5 of 21 Table 1: Existing Conditions Zoning District Low Density Multifamily Residential (R2) Land Use Element Designation Low Density Housing Parcel Area (SF)/Dimensions 46,362 SF / slightly irregular lot approximately 217.6’ W x 213.09’ D Existing On-Site Improvements Private elementary school, outdoor play yard, surface and covered parking. Rent Control Status N/A – School Adjacent Zoning Districts & Land Uses North: R2 – Multi Unit Dwelling East: R2 – Multi Unit Dwelling South: R1- Single Unit Dwelling West: R2 – Multi Unit Dwelling Historic Resources Inventory Subject property is listed as a non-contributing building within the San Vicente Boulevard Courtyard Apartment Historic District On November 4th, 2020 the Planning Commission approved Conditional Use Permit 19ENT-0250 and Minor Modification 20ENT-0066, with a 6-1 and 7-0 vote, respectively, to allow the proposed expansion of the existing school. The Planning Commission’s approval authorized: • An amendment to Conditional Use Permit 95-012 to allow the 7,280 sf expansion of a private school and addition of a new playcourt for the school within the R2 zoning district; and • Minor Modification to increase parcel coverage by 0.29% from the maximum allowable 45% to 45.29% The Planning Commission’s approval includes conditions that address all of these concerns. There are conditions regarding use of the outdoor loudspeakers and lighting which the school has begun to implement. Additionally, a detailed Traffic Demand Management program will improve the vehicular circulation. Project Description 6.A Packet Pg. 490 6 of 21 Carlthorp School proposes a new 7,280 square-foot (SF) school addition comprised of a 4,793 SF basement multi-purpose room + associated corridors, 938 SF lunch seating area, 250 SF of administrative offices; a 9,142 square-foot rooftop playcourt is also proposed and while not defined as floor area, is included under the proposed amendment to the Conditional Use Permit as a change in the use of a school building. If approved, the proposed project would result in a two-story school classroom building comprised of a 20,998 main level, an 18,516 SF second story, and a 16,303 SF basement area. Figure 2: Carlthorp School front elevation 6.A Packet Pg. 491 7 of 21 Figure 3: students arriving to school Landmark Commission Concept Review: San Vicente Boulevard Courtyard Apartment Historic District Carlthorp School is within the designated San Vicente Boulevard Courtyard Apartment Historic District, which was designated by the City Council on January 12, 2016. The Historic District was adopted based on its association with multi-family development patterns and the distinctive concentration of courtyard apartments with L-, O-, I-, C-, or U-shaped plans that partially or fully surround a landscaped courtyard. Figure 4 San Vincente Boulevard Courtyard Apartment Historic District Boundaries 6.A Packet Pg. 492 8 of 21 The District’s period of significance is from 1937-1956, and contributors to the District are courtyard apartments with architectural styles typically associated with the period of significance. The subject parcel on which Carlthorp is located is one of thirteen non- contributing structures out of 40 total structures within the District. The Carlthorp School is a non-contributing structure and parcel as the school was constructed outside the period of significance and is not a courtyard apartment. Although not a contributing structure, the Landmarks Commission reviews and issues Certificates of Appropriateness for alterations to both contributing and non-contributing structures in the District, including Carlthorp. As a result, the project had a preliminary review by the Landmarks Commission on October 14, 2019. The Landmarks Commission was generally supportive of the project, noting that the addition would not be visible from the street. The Landmarks Commission will conduct its formal review of a Certificate of Appropriateness application including compatibility with the overall District character should the Council deny the appeal and approve the proposed project. Planning Commission Action 6.A Packet Pg. 493 9 of 21 On November 4, 2020, a public hearing was held by the Planning Commission to consider Conditional Use Permit 19ENT-0250 and Minor Modification 20ENT-0066. The Commission received public testimony in support of and opposition to the project. Supporters spoke of the importance of the school and need for expansion, whereas public testimony that was in opposition to the project, cited traffic related impacts, size, scale and location of the project and overall compatibility with the surrounding neighborhood. The project was originally scheduled to be heard at the May 21, 2020 Planning Commission meeting, but was continued to allow Code Enforcement to investigate a complaint alleging that the school was operating in violation of their existing Conditional Use Permit (CUP 95-012). The complaint included concerns regarding excessive light, noise, vehicle queueing, parking, and landscaping. The Code Enforcement Division reviewed the complaint letter and took no action. The school has been operating on and off-site during the pandemic. During the 2019-2020 school year, the school reduced the on-site population by half with upper grade students attending school at an off-site location, therefore in-person learning due to the COVID-19 pandemic was not consistent. City staff investigated all complaints/comments as much as possible and moved the item forward for a Planning Commission public hearing on November 4, 2020. The potential impacts proposed with the school’s expansion are distilled down to two issues: the noise generated by school children playing outside and the impact of loading/ unloading and parking on the surrounding neighborhood. No new parking impacts are associated with the current proposal. Condition #4 memorialize the school’s special events. The Planning Commission made findings in support of approving the Minor Modification and the Conditional Use Permit. In approving the project, the Commission included conditions of approval that addressed the school’s operations, sports activities, and special events and concerns about impacts to circulation (loading/unloading/parking) 6.A Packet Pg. 494 10 of 21 and noise. The general consensus of the Commission was that with the school having been at the site since 1941 and an integral part of the neighborhood, every effort for dialogue should be made with opponents and proponents to address the on-going school operations. The specific conditions of 19ENT-0250 provide concrete direction and guidance to further that dialogue. These conditions include: • Designating a school-appointed neighborhood liaison; • Implementation of a parking, loading and operations plan (PLOP); • Providing netting surrounding the upper-level play court; • Ensuring the multi-purpose room not be used as a classroom; • Shielding exterior lighting from neighbors; • Including a landscaped screen (e.g. a landscaped fence) at stairwell along the west elevation; • Providing a subsequent acoustical analysis to City staff once play court is operational; • Including a valet plan utilizing one side of the street and existing on-site parking. The Minor Modification was approved but not extensively debated by the Commission. The existing main floor level is not at the same elevation across the entire level due to a grade change in the parcel from front to rear, and thus, the exhibits shown to the Planning Commission did not correctly identify each floor. Subsequent to the Planning Commission’s action, the project plans were updated to demonstrate compliance with the Planning Commission’s actions and provide a clearer parcel coverage exhibit. The plan exhibits have been updated to clarify lower, main, and upper floor levels and are compliant with the Planning Commission’s approval, as conditioned. On November 18, 2020, the appellant, filed a timely appeal (20ENT-0275) of the Planning Commission’s decision to approve the Conditional Use Permit and Minor Modification to allow the proposed Carlthorp school expansion. https://www.smgov.net/departments/pcd/agendas/Planning- Commission/2020/20201104/a20201104.htm (Planning Commission agenda link 6.A Packet Pg. 495 11 of 21 11.4.2020) + (Planning Commission audio link 11.4.2020) http://santamonica.granicus.com/MediaPlayer.php?view_id=3&clip_id=4591 Discussion Purpose of Conditional Use Permit and Minor Modification According to Santa Monica Municipal Code (SMMC) Section 9.08.020, a Conditional Use Permit (CUP) is required for a school use in a Residential Zone. CUP 95-012 was approved for the expansion of the school in 1996. A CUP is intended to provide a mechanism for approval or conditional approval of expansions in the use of land or buildings or changes in the character of use of land or buildings. These uses require an additional level of review and have a higher threshold of approval to ensure compatibility with adjacent land uses and compliance with the goals and intent of the General Plan. A CUP allows for mitigation of potential impacts of a proposed use by allowing the City to impose conditions of approval on the use (for example, to address design, siting, and operational impacts). Pursuant to SMMC 9.40.050, in order to approve a CUP and Minor Modification, Council on appeal must make the following findings in an affirmative manner, as more fully set forth in Attachment B: • The proposed use is consistent with the General Plan • The proposed use is compatible with any of the land uses presently on the subject parcel if the land uses are to remain; • The proposed use is compatible with the existing and permissible land uses within the District and the general area in which the proposed use is to be located which may include but not be limited to size, intensity, hours of operation, number of employees, or the nature of the operation; • The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood. 6.A Packet Pg. 496 12 of 21 Minor modifications allow for minor adjustments to the dimensional requirements and design standards, including an increase in parcel coverage by up to 5%. The Minor Modification request to increase parcel coverage by 0.29% would normally be reviewed without a public hearing and issued by staff; however, pursuant to SMMC Section 9.37.170, if any application is filed concurrently with another application that would normally be reviewed by the Planning Commission, all related applications are reviewed by the Planning Commission. In this case, since the Planning Commission’s approval was appealed the Council shall review the Minor Modification and determine whether findings can be made in support of the request to allow a minor increase in parcel coverage for the project. Appeal On November 18, 2020, the appellant, filed an appeal (20ENT-0275) of the Planning Commission’s decision to approve the Carlthorp school expansion. The appeal statement raises concerns regarding (1) incorrect plan exhibits, (2) violations of CUP 95-012, (3) noncompliance of the proposed project with the Zoning Ordinance, (4) concerns over use of the proposed multipurpose room and whether it qualifies as a classroom requiring additional parking requirements, (5) procedural flaws, (6) noise impacts, (7) privacy impacts, and (8) concerns about lack of access to information. After review of the appeal, staff determined that it is generally based on interpretations of the Zoning Ordinance that are inconsistent with how the Zoning Ordinance has been consistently applied, and procedural elements that are not germane to considering whether findings can be made to support the proposed project and do not warrant upholding the appeal. This report has grouped the appeal complaints in these eight categories, and includes a chart noting each of the appellant’s objections; the source of the discussion i.e. from Code, entitlements, or procedural guidelines; the appellant’s assertion; and staff response. A detailed item by item description is included as Attachment E. 6.A Packet Pg. 497 13 of 21 Additional responses to the letter submitted by Frank P. Angel of Angel Law on behalf of the appellant asserting (9) violations of the Brown Act and (10) violations of the California Environmental Quality Act (CEQA) are also provided in this section. 1. Plan Exhibits Incorrectly Represent the Proposed Project The appeal asserts that the plan exhibits are incorrect in a number of ways: interpretation of the definition of basement, number of stories, adjacency of different zone as it impacts setback and height requirements, and that plans do not comply with current parking regulations. Staff has reviewed the plans and found them to be compliant with the Code. Further, staff has also reviewed each element of the appeal assertion and found that each assertion relies on an incorrect interpretation of the Code. The existing building floor levels are on multiple levels due to the property’s slope and construction occurring over time creating existing legal non-conforming conditions that are allowed by Code. Staff has found that the calculations of the basement, various levels, setbacks and parking requirements to be correct. Staff has reviewed the plans and found the interpretation of requirements correct and has also found the proposal to comply with Code. 2. Violations of CUP 95-012 The appeal asserts that the original Conditional Use Permit (CUP 95-012), which currently governs the use of the property, has been violated and therefore no other entitlements or permits can be issued. Staff has reviewed all the conditions in CUP 95- 012 and found that the school has complied with all conditions with the exception of the condition to provide a clear view from the street and to change the surface of the play yard from grass to artificial turf as conditioned in the 1995 CUP. This application requests those conditions be modified to reflect the existing physical condition providing additional security and water cost savings for the school and its students. Staff recommends approval of these revised conditions because they reflect the school’s current operations and do not raise or alter noise impacts. If Council does not approve the conditions as proposed, the applicant will be required to bring the property into compliance with CUP 95-012. 6.A Packet Pg. 498 14 of 21 3. Zoning Ordinance Compliance The appeal asserts numerous ways the project is not Code Compliant including the interpretation of basement, number of stories, floor area calculations, setback definitions, and parking requirements. Staff has thoroughly reviewed each assertion by the appellant on this subject and determined that the appeal statement does not correctly apply the Code. As a multi-level property, the floor area calculation is not straightforward. Staff has closely reviewed the sections and plans to carefully identify what areas of the project meet the Code definition of basement and are therefore not included in the floor area. The application’s drawings and parcel coverage calculations reflect a Code-compliant project subject to approval of the Modification request. The appeal also asserts the setbacks should be calculated differently as the property adjoins an R1 zone. The property is separated from the R1 zone by an alley and therefore does not adjoin the R1 zone and the Code provisions referred to in the appeal do not apply. The City Council voted on March 15, 2022 to continue the appeal hearing. Since that time, the appellant submitted concerns regarding the proposed project’s compliance with zoning standards. Specifically, the appellant asserted that two portions of the existing school do not meet the definition of a basement, based on the current Zoning Ordinance. After review of the appellant’s assertions and new information regarding the location of certain levels of the existing building relative to finished grade provided by the applicant that was not previously included in the proposed plans, staff determined that the proposed plans exceeded maximum allowable upper level parcel coverage. Staff notified the applicant of this code compliance issue; as a result, the applicant submitted revised plans on April 26, 2022 that reduced upper level parcel coverage to be within maximum parcel coverage limits. The main components of the project and the applicant’s minor modification request did not change. 4. Required Parking 6.A Packet Pg. 499 15 of 21 The appeal asserts that the proposed multi-purpose room should be considered an additional classroom and therefore requires Carlthorp to provide additional parking. The applicant has provided information representing that the use of the proposed multi- purpose room will be an assembly/multi-purpose room that will be used by the school community but not as a classroom. A proposed condition of approval memorializes the restriction on the multi-purpose room being used as a classroom and thus, additional parking is not required. 5. Procedural Flaws The appeal asserts that there have been flaws in processing the project. Specifically, the appeal asserts that staff has incorrectly accepted an amended application and not provided the appellant with requested documents. The land survey included in the original application contained an error. When this error was discovered, the application was modified to include a Minor Modification. 6. Noise Impacts Due to the COVID-19 emergency, in-person school attendance had ceased during the time that the application was under consideration by the Planning Commission with no indication when in-person instruction would resume. Overall noise complaints are therefore difficult to verify. However, the school has previously paid for replacement of the windows in the building on the adjacent property as conditioned in CUP 95-012. The school has also committed to a much more limited use of the public address system as part of the current application and has proposed to designate a neighborhood liaison to facilitate communication between the school and its neighbors, which are included in the draft conditions of approval for the project. An acoustical study has been prepared based on two site visits conducted pre-Covid 19 (prior to March of 2020), with an additional test completed May 2020. A condition of approval has been proposed to review noise levels for compliance with the acoustical study once construction has completed and the approved uses are in active use. 7. Privacy Impacts 6.A Packet Pg. 500 16 of 21 The appellant did not elaborate on the privacy impacts and stated an amended appeal statement would provide an explanation. As of the writing of this staff report, no additional information has been received. 8. Access to Information The appeal cites lack of documents, zoning interpretations and access to public records as an obstacle to scheduling public hearings and amending the appeal. The appellant has requested a substantial amount of public records and staff time including: ➢ All related documents 1995 and 2019 CUP applications ➢ Three public records requests ➢ Multiple scheduled phone and virtual meetings In response to these requests, staff created electronic records, requested all previous file records, granted access to view construction drawings for the prior entitlement and fulfilled the volume of public requests and requests for all staff emails relating to the project all during the period of the Covid-19 stay at home order. Additionally, staff digitized application material and Santa Monica Municipal Code (SMMC) Code Sections from 1995 and provided a xero copy of paper records from 1995. These requests were made and completed when City Hall was not open to the public due to the COVID-19 emergency. As such, documentation was provided consistent with updated COVID-19 protocols. The appellant contends staff willfully withheld public documents. City staff have collectively spent many hours over the course of the past 18 months responding to records requests regarding the project, reviewing questions, and explaining various aspects of the Code to the appellant. The two substantive obstacles that have thwarted a resolution of the entitlement request include setting and keeping scheduled hearing dates; fulfilling the voluminous requests for information, formal interpretations, assistance and examinations. The applicant, the appellant, staff and members of the public have an expectation that the development application process will move forward with some level of certainty and fair adjudication of the request. City staff received the initial application in June of 2019. 6.A Packet Pg. 501 17 of 21 The Planning Commission heard and approved the project on November 4, 2020, and the appeal was filed on November 18, 2020. The appeal to the City Council has been rescheduled multiple times; staff’s objective is to bring this item to the City Council for final resolution of the requested entitlement. Attachment D contains a project timeline. 9. Claim of Violation of the Brown Act The letter claims that there was a violation of the Brown Act because the agenda description for this appeal did not specifically reference an action to be taken by the City Council under CEQA. Staff has reviewed and determined that the agenda description for the February 22, 2022 public hearing did not need to include a separate reference to an action to be taken under CEQA because no separate action need be taken, and the agenda description was sufficient for purposes of the Brown Act. Based on evidence in the record, the proposed project is exempt from the provisions of CEQA. As a matter of practice, and consistent with CEQA, the City Council does not take a separate action to make a determination that a project is exempt from CEQA. Because no separate action will be taken by the City Council, no exemption determination was listed separately on the Council’s agenda for this item. Nonetheless, the City has had an opportunity to re-notice the hearing due to the continuances. And, as described in more detail below, because the appellant has challenged the City’s reliance on certain Categorical Exemptions under CEQA, staff recommends that the City Council make an affirmative determination that the proposed project is exempt from the provisions of CEQA. 10. Claim of CEQA Violation The letter claims that staff’s recommended CEQA exemptions under Class 3 and Class 31 are “unsubstantiated and erroneous”. Staff has reviewed and determined that the exemptions are supported by substantial evidence in the record as set forth in the Draft Statement of Official Action (“STOA”). 6.A Packet Pg. 502 18 of 21 The letter assumes that the City relies, in part, on CEQA’s “common sense” exemption, which is appropriately used when “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The letter claims that the City cannot rely on this exemption because it is contradicted by language in CUP Finding No. 7, which states that “any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project.” The Appellant asserts that CUP Finding No. 7 is evidence that the City relied upon the “common sense” exemption. CUP Finding No. 7 states, “[b]ased on environmental review, the proposed project has no potentially significant environmental impacts or (emphasis added) any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation incorporated in the project.” Staff did not actually rely on the “common sense” exemption. Instead, staff determined that two categorical exemptions apply (Class 14 and Class 31). When a project is categorically exempt, CEQA does not require analysis of potentially significant environmental impacts. Under CEQA, categorically exempt projects have been determined to not have a significant effect on the environment. Therefore, even if CUP Finding No. 7 was recited in the STOA, the portion that states “potentially significant environmental impacts have been reduced to less than significant levels because of mitigation incorporated in the project” is not applicable where, as here, the project is categorically exempt. The letter claims that the Class 3 and Class 31 categorical exemptions are inappropriate for the proposed project. The Class 31 categorical exemption is cited because the proposed project is located within the San Vicente Boulevard Courtyard Apartments Historic District. Staff has discovered, however, that the reference to a Class 3 exemption in the Draft STOA was an inadvertent typographical error. The analysis is actually for a Class 14 categorical exemption and thus, a revised Draft STOA has been prepared in Attachment 6.A Packet Pg. 503 19 of 21 B correcting that typographical error. In addition, the analysis to support the Class 14 categorical statement in the “Compliance with the California Environmental Quality Act” section of the staff report was also inadvertently omitted from CUP Finding No. 7 and thus, the revised Draft STOA also adds in the missing analysis that was already in that section of the staff report. Compliance with California Environmental Quality Act (CEQA) The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15314 (Class 14) of the State CEQA Guidelines. This section exempts minor additions to existing schools where the addition does not increase original student capacity by more than 25% or 10 classrooms. The school’s existing size is 38,397. The proposed addition of 7,280 square feet, a 20.6% increase in size that is intended to accommodate existing student capacity. The school has 22 existing K-6 classrooms and the addition will not add any new classrooms. Therefore, the addition, will not increase the number of classrooms or students and no further environmental analysis is required. The proposed project is also categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31 of the State Implementation Guidelines in that the proposed addition to a non-contributor in the San Vicente Boulevard Courtyard Historic District is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (2017), revised by Anne E. Grimmer, and would not cause a substantial adverse change in the significance of the San Vicente Courtyard Historic District. The District is characterized by courtyard apartments oriented around landscaped spaces constructed during an architectural period of significance dating from 1937-1956. The proposed project consists of a 4,793 sf subterranean multi-purpose room+ associated corridors and 938 sf lunch seating area and 250 sf of administrative offices within the interior courtyard of the existing building envelope that will not be visible from San Vicente Boulevard. Further, the proposed rooftop play area is on an existing building adjacent to the alley (approximately 170 feet from the North property line) and would be minimally visible 6.A Packet Pg. 504 20 of 21 from San Vicente Boulevard only due to required safety fencing. The proposed project does not change the existing front elevation or landscape features of the non- contributing school and therefore, would have no impact on the overall character or significance of the historic district. Further, the proposed addition requires review and approval of a Certificate of Appropriateness by the City’s Landmarks Commission to ensure the structure would not potentially impact the character-defining features of the District. Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of recommended action. Prepared By: Beth Rolandson, Administrative Services Officer Approved Forwarded to Council Attachments: A. 20ENT-0275 Appeal Statement B. Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED C. PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) D. carlthorp time line 5.10.22 E. Table of appeal complaints F. City Council Public Hearing Notice 5.10.22 G. Written Comments H. ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 I. ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 J. Carlthorp School Planning Commission plan set 5.10.22 K. Veneklasen Noise Impact Assessment 05.27.2020 L. Public Correspondence February 22 - March 8 2022 M. comments post Feburary 2022 N. Carlthorp School play court 5.10.22 O. Carlthorp School FLOOR AREA 5.10.22 6.A Packet Pg. 505 21 of 21 P. Carlthorp School PARCEL COVERAGE AND FLOOR DIAGRAMS 5.10.22 Q. 2022-02-21 angellaw comment ltr R. ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application S. ADD-TO_Appellant Supplemental Materials Part 2 T. ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 U. ADD-TO_Appellant Supplemental Materials Part 4 V. ADD-TO_Third Appeal Statement of Steven Salsberg - Procedural Issues 5-9- 2022 W. ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9- 2022 X. Written Comments 6.A Packet Pg. 506 November 18, 2020 Szilak20ENT-0275 conformed copy 6.A.a Packet Pg. 507 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 6.A.a Packet Pg. 508 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020 1 Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard This appeal relates to how the subject application for discretionary entitlements, if built, would violate the Santa Monica Municipal Code (“SMMC”) zoning ordinance. I also provide, herein, specific current and ongoing violations of conditions that the Carlthorp School (the “Applicant”) must abide by based on its already existing discretionary entitlement permit. One such requirement of the Carlthorp School’s existing discretionary entitlement permit is that it may not obtain approval of any additional entitlements so long as it is violating any such conditions. Therefore, the Planning Commission should not have approved the Carlthorp School’s Application for additional entitlements because it is in violation of at least one of such conditions.1 (It is actually in violation of multiple Conditions.) And, the Planning Commission should not have approved Carlthorp School’s application because the proposal violates SMMC zoning ordinances. This appeal also relates to many other issues and concerns, including how the proposed project presents an unreasonable imposition upon the Applicant’s neighbors, design issues, compatibility issues, environment issues, and much more. The Parcel Coverage on the Second Floor Would Violate the SMMC; and the Staff Report and the Application Are Deficient SMMC Section 9.08.030, Development Standards, would be violated if the Applicant were permitted to develop its proposed project. The subject property is in an R2 District where the Maximum Parcel Coverage on the Second Floor is limited to 90% of the allowable Ground Floor coverage. (SMMC Section 9.08.030.) The Maximum Parcel Coverage on the Ground Floor is 45% of the entire Parcel. (Id.) Therefore, the Maximum Parcel Coverage on the Second Floor is 40.5%.2 (45% * 90% = 40.5%) However, the Applicant’s Parcel Coverage Calculations, “FOR PURPOSES OF CODE COMPLIANCE,” as depicted in Attachment D. Project Plans, at pages A121-B and A122-B, are grossly in error. (Staff Report, Attachment D. Project Plans, at A121-B and A122-B.) Page A121-B refers to and calculates the “Main Level” Parcel Coverage. Page A122-B refers to and calculates the “Upper Level” Parcel Coverage. The Main Level is 1 The “Application” that I refer to is a reference to the Applicant’s request 19ENT-0250, (Conditional Use Permit), and 20ENT-0066 (Minor Modification). The Applicant is the Carlthorp School (and Ken Parr), located at 438 San Vicente Boulevard in Santa Monica, CA. 2 In part, the Applicant’s request is to increase their Parcel Coverage from 45% to 45.05%. Also, in some places in the documents there are references to 45.06% parcel coverage and other places 45.05%. 6.A.a Packet Pg. 509 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020 2 essentially the Ground Floor, and the Upper Level is essentially the Upper Story or Second Floor, according to SMMC 9.08.030. The Applicant’s erred in its calculation because it utilized “THE CLASSROOMS ALONG THE REAR ALLEY[, which] ARE TREATED AS THE MAIN LEVEL FOR PURPOSES OF [the] CALCULATION OF PARCEL COVERAGE,” in conducting its “Main Level” Parcel Coverage calculation. (Attachment D. Project Plans, at A121-B.) However, those classrooms are on the Second Floor, not the First Floor, as the Applicant concedes. The Parking Garage beneath the Second Floor classrooms is the First Floor, as the Applicant also concedes. The Staff Report and the application (Case Numbers 19ENT-0250 (CUP) and 20ENT0066 (Minor Modification)) are deficient because the Parcel Coverage calculation for the First Floor (or Main Level) is based on the wrong floor. The Parcel Coverage calculation for the Second Floor is grossly in error because it completely excludes the row of classrooms above the parking garage, which is indeed a part of the Second Floor, as depicted in Pages A121-B and A122-B of the Staff Report, Attachment D. Project Plans. The Second Floor Parcel Coverage exceeds the Maximum Parcel Coverage of 40.5% for the Second Floor. And, regardless, the Staff Report and the application are deficient because the Parcel Coverage calculation for the Second Floor (or Upper Level) is grossly inaccurate. The Parcel Coverage for both the First Story and the Second Story violates the Zoning Ordinance, even with the approval of the Applicant’s requested Minor Modification. And, regardless as to whether the First Story and/or Second Story Parcel Coverage exceed the maximum allowed by the Zoning Ordinance (SMMC Section 9.08.030.), the Staff Report with attachments and with all other submissions materially misinformed the Planning Commission and the public thus causing the process to be tainted and invalid. The Planning Commission and the City of Santa Monica must follow proper procedures, which were not followed here. And, the Applicant’s Minor Modification request was for an increase from 45% parcel coverage to 45.06% parcel coverage.3 At the Planning Commission hearing, a partial correction of the miscalculation relating to the First Story was presented by Staff to the Planning Commission, increasing the First Story Parcel Coverage calculation from 45.06% to 45.29%. Essentially, this modification of the Minor Modification request was conducted like an “audible” in a football game and the Planning Commission approved the Minor Modification for 45.29%. Such a procedure is not proper. The public and the Planning Commission were not given proper notice and there are other procedural flaws to increasing the Minor Modification at the last moment. SMMC 9.08.030.F.3 3 Some places in the documents there are references to 45.06% parcel coverage and other places 45.05%. 6.A.a Packet Pg. 510 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020 3 The proposed project appears to violate SMMC 9.08.030.F.3. Zoning Code Violations in the South Wing Building The Applicant proposes redesigning the south wing building so that it would have three stories, in violation of the Santa Monica Municipal Code (“SMMC”). The subject property is in an R2 zone, where no more than two stories are permitted. (See SMMC Section 9.08.030 (Development Standards).) The parking area level is the first story, contrary to the Applicant’s false and misleading assertion in its Discretionary Permit Application that the proposed rooftop playground would be “above a single-story (including basement) wing of the campus.” (See Minor Mod Project Description, at 2.) SMMC Section 9.52.020.2320 defines what a “Story” is, which does exclude an attic and a basement. (See, also, SMMC Section 9.04.060 (Determining the Number of Stories in a Building).) However, the parking area level is not a basement because more than three feet of the parking area level projects more than 3 feet above the Average Natural Grade. (SMMC Section 9.52.020.0230 (defining “Basement”). The second story, which the Applicant admits to, is immediately above the parking area level and primarily contains classrooms. The Applicant proposes that it be permitted to add a third story above the other two stories described above. The area above the second story is at least a full seven feet high up to the top of the roof, as depicted in the Staff Report, Attachment D, Project Plans, Plan Numbers A200, A201, A300, and A301. While the definition of a Story does exclude an attic (see SMMC Section 9.52.020.2320), the space above the second story does not meet the definition of an attic and it is thus a third story. (See SMMC Section 9.52.020.0180 (limiting an attic to an “area less than 7 feet in height”).) The Planning Commission should not have permitted the Applicant to build a playground on top of the southern wing of its campus because the additional third story that the Applicant proposes building beneath the roof would exceed the limitation of two stories in an R2 zone. (See SMMC Section 9.08.030 (Development Standards).) It was unlawful for the Planning Commission to have approved the Applicant’s plans and proposal. The Applicant addressed the above zoning code violations, relating to adding an illegal third floor, in a letter to Regina Szilak, dated 9/1/2020, from Kenneth Kutcher, but it is incorrect and neglects to address the facts and law that I present. The Planning Commission should also have rejected the Applicant’s proposal because it would create a second and a third zoning violation. SMMC Section 9.08.030, which specifies certain Development Standards, increases the rear setback to 20 feet for rear setbacks for parcels bordering an R1 District zone in the rear of the parcel. (See SMMC Section 9.08.030.D.2.) The Applicant’s parcel borders an R1 District zone in the rear of its parcel. “Where a rear parcel line abuts an alley, the rear setback shall be measured from the center line of the alley.” (SMMC Section 9.04.130.B.) According to the 6.A.a Packet Pg. 511 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020 4 Applicant’s plans the south wing building is approximately 16 feet from the centerline of the alley. (See Staff Report, Attachment D, Project Plans, Plan Number A101.) The Applicant cannot execute its proposal without violating SMMC Section 9.08.030.D.2., and therefore the Planning Commission should have rejected the Applicant’s proposal. A third zoning violation would occur because the height of a structure within 25 feet of an R1 District zone is limited to 23 feet for a building with a flat roof. (See SMMC Section 9.08.030.D.1.) As stated in the previous paragraph, the Applicant’s parcel borders an R1 District zone in the rear of the parcel and at its closest point, the building is only approximately 16 feet from the centerline of the alley. Thus, the first 9 feet of the building from the southern perimeter of the building would be in violation of the zoning code because the Applicant proposes that it install a flat roof where the building height would become 30 feet, in violation of SMMC Section 9.08.030.D.1. The Planning Commission should have rejected the Applicant’s proposal. Noise and Privacy Additional Reasons for and Allegations relating to the Appeal regarding Noise and Privacy concerns shall be added to this document in the near future with supplementary submissions. Amongst the most egregious impositions upon the Applicant’s neighbors and the neighborhood relate to the excessive and unreasonable noise that the Applicant generates. The proposed project would substantially compound such imposition. The Applicant Plans to Use the Proposed Subterranean Space for Teaching Classes, Thus Requiring Additional Parking That is Not Included in the Proposal The Planning Commission should have rejected the proposal also because the project would add classroom space and thus require additional parking, which is not a part of the proposal. The subterranean room for music and performance classes and for performance activities is functionally adding classroom space, for which the zoning code requires that the school add parking spaces. However, the Applicant misled the Planning Commission and the public with the specious claim that the proposed large multipurpose room would not be used for classroom purposes to avoid having to increase their already substantially deficient amount of parking. The Applicant admitted that its proposed “subterranean multi-purpose room” would be used for teaching classes and as classroom space when it said that the proposed expansion would be used for “performances and other K-6 educational activities, which include music and performing arts classes.” (See City of Santa Monica – City Planning Division, Discretionary Permit Application, for 438 San Vicente Blvd, for a Minor Modification (not dated or signed), attached sheets Project Description (“Minor Mod Project Description”), at 2.) The Applicant’s admission that it plans to use the subterranean multi-purpose room for teaching classes and as classroom space is their long-standing position. The Applicant made the same admission in their initial application. (See City of Santa Monica – City 6.A.a Packet Pg. 512 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020 5 Planning Division, Discretionary Permit Application, for 438 San Vicente Blvd., 19ENT- 0250 (CUP), and 19ENT-0251 (CDRP), signed by Tim Kusserow, attached sheets Project Description, at 2.) The Applicant again admitted that it plans to use the proposed subterranean multipurpose room for teaching classes and as classroom space in their first amendment. (See City of Santa Monica – City Planning Division, Discretionary Permit Application, for 438 San Vicente Blvd., 20ENT-0066, signed by Tim Kusserow (3/3/2020), attached sheets Project Description, at 2.) The Applicant’s Cover-up and Rationalization of the Additional Classroom Space On May 1, 2020, I discussed the Applicant’s proposals with Jing Yeo, the City’s Planning Manager and Zoning Administrator. I inquired why the Applicant had not planned on adding parking spaces to satisfy zoning requirements, considering that it was adding classroom space. Ms. Yeo told me that if the Applicant is adding classrooms, it must also add parking. I then pointed out that the Applicant had admitted that it plans to add classroom space using the subterranean multipurpose structure. Ms. Yeo told me a day or two later that she informed the Applicant as to what I had said. The Applicant immediately began rationalizing and trying to cover up its admission that it intends to use the subterranean structure for teaching music and performing arts. Within a few days, the Applicant produced a draft of what became a propaganda piece, the Carlthorp School Statement Regarding Existing and Planned Multipurpose Rooms (“Multipurpose Room Misleading Rationalization Statement”), which was obviously designed to cover up their obvious and admitted intention of using the proposed subterranean structure for teaching music and performing arts. As described above, the Applicant claimed that it intended to use the multipurpose room as a classroom in several of its documents. The Applicant also has a long history of misleading and misrepresenting its intentions. (See the section, below, The Applicant’s Long History of Misleading the City and the Planning Commission.) And, the Applicant has a long history of violating conditions of its CUP. Further, the multipurpose room will amplify how the Applicant is already overtaxing the surrounding neighborhood with its off-site parking needs. As described, below, the Applicant told the Planning Department when it applied for its currently existing CUP that it would only be expanding from a staff of 22 people (15 full time and 7 part time) to only 32 people (24 full time and 8 part time), but instead it expanded to a staff of 80, after assuring the community and the Planning Department that it would not grow its staff to exceed 32 people. The Applicant now has disingenuously and deceptively claimed that it will not expand its existing enrollment of 280 or their staff of 80. The Applicant cannot be trusted when it claims that it will not use the multipurpose room for teaching classes. The Applicant misled the Planning Commission and the public and cannot be trusted and is not reliable and has disrespected the City and its Officers, the City’s zoning ordinance, and the Applicant’s neighbors. . 6.A.a Packet Pg. 513 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020 6 After many of the above facts and arguments were made prior to the Planning Commission hearing, which had been scheduled for May 20, 2020, the matter was taken off calendar due to many of the assertions and allegations presented herein and ultimately rescheduled for November 4, 2020. In preparation of the November 4, 2020 hearing, the Applicant submitted a revised propaganda piece Multipurpose Room Misleading Rationalization Statement, Attachment J, Multipurpose Room, as part of the Staff Report. The Staff Report absurdly justifies that the multipurpose room will not be used as a classroom referring to the proposed STOA Condition 17, which is self-contradictory because it prohibits the multi-purpose room as a classroom while also saying that it will be used in the manner described in Attachment J. (See Staff Report, Attachment B, (Draft Statement of Official Action) and Attachment J (Applicant’s Description of Multipurpose Room for Carlthorp School (the “Multipurpose Room Misleading Rationalization Statement”)).) However, the Multipurpose Room Misleading Rationalization Statement describes several classroom activities, including orchestra practices, theatrical practices, and climbing for physical education classes. (See id., Attachment J.) Anytime that such room is used to teach students that room would be used as a classroom. The Applicant intends for the music teacher to teach music to students, for the theater teacher to teach theater to students, and for the physical education teacher to teach PE to students, all in the multipurpose room. Clearly the Applicant intends to use such room as a classroom. And, the Staff Report, Attachment J, thus provides permission for the Applicant to use the multipurpose room as a classroom, in violation of the zoning code. If the Applicant wants to build the multipurpose room, it must either add additional parking or obtain a variance. And, during the Planning Commission hearing, one of the commissioners implicitly or actually admitted that the multipurpose room would be used for classroom activity, but such commissioner said that the Planning Commission would allow the building to be built despite that fact because it was doing so with a wink and a nod. The project was thus approved without requiring the necessary additional parking by the Applicant who has already expanded its staff far beyond the level it had committed to years prior, and thus it has heavily imposed itself upon and substantially taxed the local street parking capacity in the neighborhood. The Applicant clearly intends to use the multipurpose room, at least in part, as a classroom. The Applicant should have been required to concomitantly increase its number of parking spaces. And, conditions should have been made to prohibit the Applicant from increasing the number of staff and students. The multipurpose room is below ground but its adverse impact on the neighborhood will still be substantial. There is no way to monitor how the multipurpose room is being used and whether it is being used in compliance with the Applicant’s CUP. The Applicant must not be permitted to function as a “fox guarding the henhouse.” There must be a rigorous method devised to assure independent verification on a continuing basis, without causing a burden to the neighborhood or the City. And, an officer of the Applicant 6.A.a Packet Pg. 514 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020 7 should be required from time to time to sign a log that is kept on a daily basis that details exactly how the multipurpose room is being used at all times. Such officer should be required to sign an affidavit under penalties of perjury that such log is accurate. And, the log and affidavits should be available to the public. The Planning Division in its Staff Report disgracefully accepted the Applicant’s Multipurpose Room Misleading Rationalization Statement in Attachment J, relating to the proposed multipurpose room, instead of accepting the obvious and the Applicant’s earlier series of admitting that it has been planning to use the proposed subterranean structure for teaching music and performing arts classes. The Planning Commission should not have allowed the Applicant to build the subterranean structure because the Applicant in-so-doing would be increasing its classrooms, and thus it would be required to concomitantly increase the number of parking spaces, which is not a part of the Application. (See SMMC 9.28.060 (describing Off-Street Parking requirements).) The school already has been operating by, amongst other things, making substantial noise and imposing substantial stress upon the local neighborhood’s already overtaxed parking and traffic capacity. The school already does not have adequate parking (approximately 34 spaces) for its staff of 80 people, and has activities, inviting large numbers of visitors, whereby both staff and visitors every week day and occasionally for weekend events and at night park on the street as far as blocks away. On a daily basis, the school causes trains of vehicles idling and double-parked for an extended period of time that extend more than a block away, causing traffic interference and hazards to both pedestrians and vehicles. Such condition would be substantially aggravated by the school’s aggressive expansion proposals. The Applicant should absolutely not have inter-scholastic events. The Applicant’s Long History of Misleading the City and the Planning Commission The Applicant cannot be trusted and its statements are disingenuous and the Applicant has a long history of misleading the City and Planning Commission and its neighbors. For example, the Applicant told the City when it applied for its current Conditional Use Permit (“CUP”) and variance, that their total staff would be expanded from 22 people (15 full time and 7 part time) to only 32 people (24 full time and 8 part time), which was a comparable percentage increase to their planned enrollment expansion of slightly less than 50% at that time. (See Letter from Arthur L. Kassan, Consulting Traffic Engineer, to Ronald K. Fuchiwaki, City Parking & Traffic Engineer, dated 6/13/1995, at 1.) The Applicant in 1996 received a variance to allow for their parking configuration, which would have been sufficient to support their “planned” staff of 32 people. However, the Applicant’s staff swelled to 80 people after receiving their CUP and variance in 1996. Prior to that, the Applicant misled its neighbors when it told its neighbors that “[t]he enrollment of Carlthorp School will not increase [and] there will be positively no increase in the future.” (Letter (attached herein) of Dorothy Menzies, of the Carlthorp School 6.A.a Packet Pg. 515 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020 8 (dated 9/25/1986) (eliciting cooperation from its neighbors for an expansion project in the 1980s).) Such statement was obviously disingenuous. The Applicant’s student body was then less than half of its current level. The Applicant now says that their proposed project would not expand their existing enrollment of 280 or their staff of 80. The Applicant cannot be trusted. As presented, nothing in their proposal would prevent them from increasing their enrollment or their staff after the City grants them additional entitlements, yet the school’s proposals would expand their functionality and concomitantly making it more likely that they would need more staff and be more capable of increasing their enrollment. That must not occur. Generally, people are often inclined to be sympathetic to the causes of schools. Schools are charged, in part, to instill good values and character into the young. However, the Applicant bullies and harms its neighbors and misleads the City and the public. The Applicant is not worthy of any sympathy as an instiller of values and character and integrity. The Applicant should have to negotiate directly with its neighbors if it wants to expand, rather than be permitted to dictate aggressive expansion plans upon its neighbors. Contrary to the Staff Report and statements made by the Applicant, the Applicant made minimal effort in reaching out to and consulting with its neighbors regarding this extremely large and invasive expansion proposal. The Application Should Have Been Rejected in its Totality Due to Procedural Flaws The Planning Commission should have rejected the application out of hand because the Minor Modification to Allow an Additional .06% Ground Floor Parcel Coverage was not signed or dated, which also made it confusing to the public in part because such document was the Applicant’s second amendment to its initial application. The Planning Commission should have also rejected the application because I requested numerous documents and information, which I was denied or delayed in receiving. Some of the documents that I requested I never received. One particular concern that I expressed to Staff a number of times over a period of many months prior to the Planning Commission hearing, was that the parcel coverage calculations, for which the Applicant requested a Minor Modification, had not been verified. More than six months ago, I requested to receive certain information which, in part, probably would have been sufficient for me to conduct my own calculations to verify whether the parcel coverage conclusions in the application and in the Staff Report were actually correct. The Planning Division several times made commitments to me to provide such information. However, the Planning Division, only a day or two prior to the Planning Commission hearing agreed to provide me with such requests, leaving me insufficient time to process such information and incorporate it into my comments and analysis. The Planning Commission should not have confirmed the application until I would have had the 6.A.a Packet Pg. 516 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020 9 opportunity to receive such relevant information and had ample time to conduct such relevant calculations. This is only one of many examples as to how the process was clearly tainted – heavily favoring the Applicant and heavily disfavoring the public. Additional Potential Zoning Code Noncompliance Issues Arguably, the subterranean large “multipurpose” room is a Community Assembly room, falling under SMMC 9.31.100, and would therefore require one parking space for every four seats. (See SMMC 9.28.060 (relating to Off-Street Parking).) Amongst other things, the Applicant is proposing to alter its courtyard. It must comply with SMMC Section 9.08.030.F.4., which requires that its courtyard “shall be visible and accessible from the sidewalk” and for the depth of Applicant’s courtyard, it must have an opening not less than 18 feet. The Applicant’s proposal does not consider this Development Standard and therefore the Planning Commission should reject the Applicant’s proposal. The Applicant’s proposal violates this code section. Also, more than one-half of the perimeter of the Applicant’s courtyard must border a building. The Applicant’s proposal reduces this percentage. It is unclear from the drawings whether such ratio is sufficient. I allege that the proposed project violates this requirement. SMMC Section 9.08.030.F.5 is also violated. Other Issues Additional Reasons for and Allegations relating to the Appeal regarding other issues, such as the proposed project would block sunlight from entering into the windows of the Applicant’s neighbors, shall be added to this document in the near future with supplementary submissions. Violations and Issues Related to the 1996 STOA Conditions Plans Condition # 1. This condition requires that a copy of the plans dated, July 27, 1995, “shall be maintained in the files of the City Planning Division. During my research and investigation, I asked the City Planning Division for a copy of these plans and to see these plans. I was denied that opportunity. The City Planning Division told me that they do not have a copy of those plans. I was told that Building and Safety might have a copy of such plans but that due to the City’s closure since March of this year, I would not be permitted to see such plans. This condition has been violated and I was denied the 6.A.a Packet Pg. 517 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020 10 opportunity to sufficiently conduct my research and investigation. Only after numerous requests and many hours spent making such requests did the City Planning Division make such plans available to me, but not until a day or two before the Planning Commission hearing on November 4, 2020, and I thus did not have the opportunity and time to review such plans and incorporate them into my comments and analysis, nor was Staff afforded the opportunity to incorporate any comments that I might have generated into their Staff Report. The public was thus denied access to such Plans and Condition #1 was violated. The Planning Commission should not have approved the applications until I, and the remaining public, had been given sufficient access to those plans and ample opportunity to review them and integrate such review into my research and investigation. Architectural Review Board Condition # 11. I believe that the Applicant is in violation of the 1996 SMMC Section 9.04.10.02.130. The Applicant has a storage area that appears to not be in compliance with this code section. Miscellaneous Conditions (The following references and quotes are to Attachment G, the Annotated 1996 STOA (the “Annotated 1996 STOA.”) Condtion # 25. The Applicant has consistently been a horrible neighbor and has continuously acted detrimentally to its neighbors. The Applicant has been operating in violation of this and other Conditions continuously for many years. I have complained dozens of times directly to the Applicant itself and to the SMPD, who told me on those multiple occasions that it would visit the Applicant, and I told such fact to the Planning Division multiple times. Claims made by the Applicant that it has been a good neighbor and that its proposal is compatible with the neighborhood and that it is in compliance with the 1996 STOA and the Zoning Code are duplicitous and misleading. The Staff Report ignores contrary facts and describes a glossed over and falsely positive depiction of the Applicant’s responsiveness and treatment of its neighbors. The Applicant is currently and has been violating this condition in numerous ways for many years. The Applicant’s high-powered lights shine onto neighboring properties. The Applicant has been making loud noises, using its sound amplification system excessively and at high volumes. Some of its children shriek very loudly at random times that far exceed normal school playground noise, and which was very unlikely to have been picked up by the dubious noise study. Applicant’s staff leads organized cheering, and they hold organized activities, which generate elevated levels of noise and which was unlikely to have been registered by any controlled noise study that may have been conducted. On a daily basis, the Applicant organizes several dozen motor vehicles to block traffic by double-parking on San Vicente Boulevard, lining backward and wrapping 6.A.a Packet Pg. 518 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020 11 around 4th Street, and then wrapping again around Georgina Avenue with a long line of double-parked cars extending for many hundreds of yards through a residential neighborhood. In so doing, Applicant causes substantial hazards and dangers to local pedestrians (including children and babies in carriages), vehicles (both moving and parked), and animals. On a daily basis, the Applicant imposes its excessive and weighty staff upon the neighborhood’s limited parking resources because it deceived the Planning Commission 25 years ago when it applied for the permits that it currently operates under by claiming that it would only grow to a staff of 32 instead of its current staff level of 80. (See attached Letter from Arthur L. Kassan, Consulting Traffic Engineer, to Ronald K. Fuchiwaki, City Parking & Traffic Engineer, dated 6/13/1995, at 1; and see supra, at 8.) Yet, the Applicant was able to obtain substantial relaxation of parking requirements by misleading the PC1996, by telling it that the Applicant would only grow to a staff level of 32 people, and thus it has substantially insufficient parking to meet the needs of its staff of 80 people. (See id.) Also, on a daily basis, the Applicant’s staff and students and their parents trespass on Applicant’s neighbor’s property. Code Enforcement has now been informed of some of these violations of this condition, but it is busy now dealing with the current state of emergency. The Applicant planted trees that have grown tall and thick along the western perimeter of its property, which shed substantial amounts of bark, leaves, twigs, flowering and other reproductive pods, and small branches into the swimming pool where I swim on a weekly and daily basis, year-round, thus causing an invasive nuisance. The pool is often covered with disgusting and decaying organic materials that fall from Applicant’s trees, creating an unsanitary condition in the swimming pool, sometimes rotting for several days. Much of this organic material sinks to the bottom long before the pool maintenance service cleans it up. This is a health hazard and creates substantial discomfort to the Applicant’s neighbors. Validity of Permits Condition # 31. Applicant need not receive an “order to comply” or “notices of violation” for this condition to prevent the Planning Commission from granting further entitlements. This condition says that if the Applicant “fails to comply with any conditions of the [1996 STOA], no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.” As this document describes, the Applicant is in violation of numerous Conditions of the 1996 STOA. I presented such documentation and proof to the Planning Commission that the Applicant was not in compliance of the 1996 STOA and CUP. Therefore, the Planning Commission should not have approved the Applicant’s application. Special Conditions 6.A.a Packet Pg. 519 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020 12 Condition # 36. The Planning Division assured me that the Applicant has not received approval of any modifications nor has the Applicant applied for any modifications to their 1996 entitlements by or to any division or department, including the Architecture Review Board. However, the Applicant has hedges along the front and western side of its parcel that also function as a wall, and that violate height limitations. (See SMMC 9.21.050; see also attached photos.) The Applicant also has trees that were planted so close together and have grown so thick along its western perimeter that they function as a hedge and as a de facto wall, and that violate height limitations. (See id.) These trees also block light from entering the windows of neighboring buildings, and thus harming Applicant’s neighbors. Condition # 39. Please see my statements related to Condition # 25, (under the heading, Miscellaneous Conditions), describing how the Planning Division is not functioning impartially regarding the Staff Report and this application and has been made aware that the student pick-up and drop-off system that the Applicant uses on a daily basis causes dangerous hazards to life and property by organizing several dozen motor vehicles to block traffic by double-parking on San Vicente Boulevard, lining backward and wrapping around 4th Street, and then wrapping again around Georgina Avenue with a long line of double-parked cars extending for hundreds of yards through a residential neighborhood. Condition # 49. As discussed above, this Condition, which required that the Applicant install extra thick windows in the adjacent building to the west, demonstrates how the building to the west of the Applicant’s parcel would be impacted with noise at a very high level and that this Condition was designed to mitigate such impact. However, this Condition only mitigates on cold and cool days when it is tolerable to keep the windows closed during the day. This Condition does nothing to mitigate on warm and hot days, which is approximately half of the time during the normal school year and virtually all of the days during the summer session and when the Applicant holds events during the summer and on hot days. Despite the planning staff and the Applicant having been notified as to this crucial problem well in advance, the Staff Report and the conditions of approval do not address this crucial quality of life issue for the Applicant’s neighbors relating to the warmer months. The noise conditions generated by the Applicant are already unreasonable and intolerable during the warmer months and with this proposal, the City would allow the Applicant to compound the already excessive noise that it generates. The Applicant is not a small pre-school, nor is it a school buffered by streets between neighbors. The Applicant directly borders residential neighbors on both sides and only a narrow alley separates it from its residential neighbors in its rear. Condition # 56: The issues presented in the 1996 STOA should be revisited, or the Applicant fails to satisfy this condition. The level of noise that the Applicant produces, almost continuously throughout the day, is excessive. If this condition is effective then the Applicant is not satisfying this condition. If this condition is not effective then it would be best if the Applicant should be required to concentrate recess and plan times 6.A.a Packet Pg. 520 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020 13 and at regular times so that neighbors would only be adversely affected by noise at limited times during the day, particularly during the warmer months. The Applicant should concentrate loud outdoor activities to one or two hours per day at regular times, and then make the school grounds quiet the rest of the day. That way the whole day wouldn’t be disrupted and neighbors could then organize our time much more productively. Such change in these conditions, particularly during the warm and hot months when it is necessary to keep the windows open, would probably solve many problems. Such condition would reduce the number of hours that neighbors are adversely affected, while only increasing the relative noise slightly during the concentrated noise periods. During those limited hours neighbors could close their windows or find alternative adjustments, rather than having noise forced upon them throughout almost the entire day. This concern is particularly at issue as society adjusts towards a work-from-home system. Having such an intense noise generator nestled amongst numerous residences is completely incompatible. The Applicant should not be permitted to increase its noise generating capacity, which this proposal does. Instead, the Applicant should be required to reduce its noise generating capacity. Condition #57. The Applicant fails to satisfy this condition. Condition # 59. In Attachment G, the Annotated 1996 STOA, the Applicant admits that it defied this Condition and disrespected the Planning Commission and the City by unilaterally tearing out its grass – that it is required to have and maintain – and replacing it with artificial turf that, instead of emitting fresh oxygen as grass does, emits harmful noxious fumes that adversely affect the health of its neighbors and caused my dear sweet mother to suffer and contributed to her demise. The Applicant apparently misled the Planning Commission and the public again, here, by rationalizing and not disclosing the real reason the Applicant replaced the required grass with artificial turf: so that the Applicant could produce noisy outdoor activity all day long instead of only on a limited basis. The Applicant has admitted that it is – and has been for many years – in violation of this condition of the 1996 STOA; Condition #31 prohibits the Applicant from receiving any additional entitlements “until such violation has been fully remedied,” which it has not (with respect to this Condition #59 and other Conditions); and therefore, the Planning Commission should not have approved the Applicant’s proposals. Condition # 61. The Applicant is, and has obviously been openly defying its CUP for a number of years on a continuing basis, not in compliance with this Condition. This Condition requires that the front yard fence and landscaping shall be “installed and maintained so as not to obstruct a clear view through the fence.” It is plainly obvious to anyone passing by the Applicant’s parcel in the front on San Vicente Boulevard that the view through the fence is completely obstructed. Photos taken six months ago depict that obstructed view. (Please see photos attached to my 5/20/2020 comment letter that were 6.A.a Packet Pg. 521 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard November 18, 2020 14 taken on 5/19/2020.) The view today is still obstructed. I have photos taken on the day of the November 4, 2020 Planning Commission hearing, which prove that the view is completely obstructed. The Applicant is also in open defiance of SMMC Section 9.08.030.F.4., which requires that Applicant’s courtyard “shall be visible and accessible from the sidewalk.” Pursuant to the 1996 STOA, Condition #31, the Planning Commission should not have approved the Applicant’s application because the Applicant was not in compliance with its existing CUP. Condition # 62. Applicant is not in compliance with this Condition, which requires that it “provide periodic reports regarding compliance with [the 1996 STOA] conditions.” The Planning Division told me that it provided me with the entire file relating to Applicant’s 1995 – 1996 application for entitlements and all documents related to the Applicant’s current application. While the Planning Division has not provided me with all of the documents that I have asked for, it is clear that I have not received copies of any such period reports. Pursuant to the 1996 STOA, Condition #31, the Planning Commission should not have approved the Applicant’s application because Applicant has failed to provide such periodic reports. Additional Issues The process of this application as it was being prepared and when it reached the Planning Commission was not fair to the Applicant’s neighbors and anyone else that may wish to oppose the application. I have requested documents and information from the Planning Division related to this application, which was withheld from me. Some such documents and information that I requested over the course of the past nine months I never received. Other information and documents I received very late and I was not given sufficient time to process before the Planning Commission hearing. For many of my document and information requests, I had to make multiple requests and waste a lot of time, only receiving some of the information and documents that I requested. As the Planning Division ignored many of my requests for information and documents, it raced to prematurely push this matter to go before the Planning Commission. The process was patently unfair. The Planning Commission also should not have approved the Applicant’s application until I had received all of the documents and information that I had requested and had ample time to review such information and documents. The Applicant has disrespected and flouted the Planning Commission and the laws of the City by changing the use of a neighboring spacious three-bedroom residential apartment and using it as administrative offices, in violation of the zoning ordinances. Perhaps they concomitantly converted administrative offices on their campus to classrooms without honoring the requirement to gain approval and add parking. 6.A.a Packet Pg. 522 Attachment: 20ENT-0275 Appeal Statement (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente City of Santa Monica City Planning Division CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT INFORMATION CASE NUMBER: 19ENT-0250 (Conditional Use Permit) and 20ENT-0066 (Minor Modification); 20ENT-0275 (Appeal) LOCATION: 438 San Vicente Boulevard APPLICANT: Carlthorp School/ Ken Parr APPELLANT: Steven Salsberg PROPERTY OWNER: Carlthorp School CASE PLANNER: Gina Szilak, Associate Planner REQUEST: Amendment to Conditional Use Permit 95-012 to allow 7,898 square foot expansion to Carlthorp Elementary School and rooftop playcourt with a Minor Modification for a .29% increase in parcel coverage (45.29) CEQA STATUS: The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15314303 (Class 143) of the State CEQA Guidelines. This section exempts minor additions to existing schools where the addition does not increase original student capacity by more than 25% or 10 classrooms. The school’s existing size is 38,397 square feet with a proposed addition of 7,898 square feet, a 20.6% increase in size that is intended to accommodate existing student capacity. The school has 22 existing K-6 classrooms and the addition will not add any new classrooms. Therefore, the addition, will not increase the number of classrooms or students and no further environmental analysis is required. The proposed project is also categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31 of the State Implementation Guidelines in that the proposed addition to a non- contributor in the San Vicente Boulevard Courtyard Historic District is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (2017), revised by 6.A.b Packet Pg. 523 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal Anne E. Grimmer, and would not cause a substantial adverse change in the significance of the San Vicente Courtyard Historic District. The District is characterized by courtyard apartments oriented around landscaped spaces constructed during an architectural period of significance dating from 1937-1956. The proposed project consists of a 4,793 sf subterranean multi- purpose room and 938843 sf lunch seating area and 250840 sf of administrative offices within the interior courtyard of the existing building envelope that will not be visible from San Vicente Boulevard. Further, the proposed rooftop play area is on an existing building adjacent to the alley (approximately 170 feet from the North property line) and would be minimally visible from San Vicente Boulevard only due to required safety fencing. The proposed project does not change the existing front elevation or landscape features of the non-contributing school and therefore, would have no impact on the overall character or significance of the historic district. Further, the proposed addition requires review and approval of a Certificate of Appropriateness by the City’s Landmarks Commission to ensure the structure would not potentially impact the character-defining features of the District. 6.A.b Packet Pg. 524 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 2 CITY COMMISSION COUNCIL ACTION February May 1022, 2022 Determination Date Approved based on the following findings and subject to the X conditions below. Denied. Other: EFFECTIVE DATES OF ACTIONS February May 1022, 2022 EXPIRATION DATE OF ANY PERMITS GRANTED: February May 1022, 2029 (5 years + 2 years pursuant to Interim Ordinance 2688 adopted on January 24, 2022) LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*: 6 months 6.A.b Packet Pg. 525 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 3 * Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit. 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. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is conditionally allowed within the applicable Zoning District and complies with all other applicable provisions of this Ordinance and all other titles of the Municipal Code. The existing school was established through an approved Conditional Use Permit and was previously expanded in 1995 when it acquired the adjoining lot after the 1994 Northridge Earthquake. The proposed expansion of an existing school is a permitted use in the R2 district with the approval of an approved Conditional Use Permit. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Specifically, the project is conditionally permitted with an approved via a Conditional Use Permit application and is consistent with the goals, objectives, and policies of the General Plan in the following areas. The addition of on-site long and short term bike parking is consistent with Policies CE.7, CE 14.1 and CE 14.2; as well as goal CE14. Additionally, the project is consistent with stated transit and transportation demand management goals and policies including: Goal CE15; T 14.2, N1.7, N4, and Policy N4.1 which incentivize alternative transportation modes and monitor the outcomes. The North of Montana and San Vicente Boulevard Goals N8 and N8.3 are met via the Certificate of Appropriateness project review by the Landmarks Commission as a non- contributor to the San Vicente Courtyard Apartment Historic District. 3. The subject parcel is physically suitable for the type of land use being proposed. The existing Carlthorp School is located on a 46,362 SF parcel and will comply with the R2 development standards for the proposed expansion with the exception of the parcel coverage. The maximum parcel coverage in the R2 zoning district is 45% while the proposed expansion constitutes a 45.29% overall parcel coverage, an overage of .29% or 134 SF for the less than 1% parcel coverage overage requested with a Minor Modification. This small increase over the allowable parcel coverage would permit a roofed lunch area but requires a Minor Modification application. The school has been in operation for 79 years 6.A.b Packet Pg. 526 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 4 since 1941 without negatively impacting the adjoining neighbors and residential buildings along its east, west, and south sides. The school enrolls approximately 280 students and the proposed expansion would not increase the enrollment level. The expansion would facilitate and enhance the existing academic services and student experience. No new classrooms are included in the proposal. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the land uses are to remain. The school has been operating on the site for since 1941; the previous expanded operations conditions of approval (Development Review 95-003, Conditional Use Permit 95-012, Variance 95-002 and an approved Environmental Impact Report) are consistent with the existing on-site use. The proposed conditions of approval will serve to further mitigate potential impacts such as noise, parking, construction impacts, and a comprehensive drop-off and pick up plan for the benefit of the students, faculty and on-site administrators. 5. The proposed use is compatible with existing and permissible land uses within the District and the general area in which the proposed use is to be located which may include but not be limited to size, intensity, hours of operation, number of employees, or the nature of the operation. Since Carlthorp elementary school has been located on this site since 1941 and the school previously expanded with the approval of Development Review 95-003, Conditional Use Permit 95- 012, Variance 95-022 and an approved Environmental Impact Report, the proposed expansion via a Conditional Use Permit includes a number of specific project conditions to address potential parking impacts, noise, construction impacts and the viability of the school’s current and future drop off plans. These project specific conditions #1-20 can be found in the Statement of Official Action. 6. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood. The project is located in the San Vicente Boulevard Courtyard Apartment Historic District. The proposed addition and elevators are most visible to the interior courtyard, and not from San Vicente Boulevard. The upper level play court walls are visible from the street but are located in the rear, furthest from the street. The potential impacts altering visibility, building volume envelope or site design have been mitigated as the proposed project is for additions facing the interior courtyard that are compliant with the R2 development standards with the exception of a slight parcel coverage modification. Additionally, as a non-contributing structure in the district, the Landmarks Commission shall review and provide issuance of a Certificate of Appropriateness to ensure the new school expansion do not impact the integrity of the district nor character defining features of the contributing district structures. The potential impacts associated with ambient and the noise levels regulated via the Municipal Code Noise Ordinance have been analyzed and mitigated. A noise analysis report dated May 27, 2020 verifies the noise levels will be at or below these standards. Staff has added conditions #8-12 to ensure the potential noise impacts are minimized. The parking, loading circulation and bike parking plans 6.A.b Packet Pg. 527 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 5 shall be reviewed by the Mobility Division and condition #5 mitigates and regulates these operational and on-site requirements. 7. Based on environmental review, the proposed project has no potentially significant environmental impacts or any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project. The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15314 (Class 14) of the State CEQA Guidelines. This section exempts minor additions to existing schools where the addition does not increase original student capacity by more than 25% or 10 classrooms. The school’s existing size is 38,397. The proposed addition of 7,898 square feet, a 20.6% increase in size that is intended to accommodate existing student capacity. The school has 22 existing K-6 classrooms and the addition will not add any new classrooms. Therefore, the addition, will not increase the number of classrooms or students and no further environmental analysis is required. The proposed project is also categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31 of the State Implementation Guidelines in that the proposed addition to a non-contributor in the San Vicente Boulevard Courtyard Historic District is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (2017), revised by Anne E. Grimmer, and would not cause a substantial adverse change in the significance of the San Vicente Courtyard Historic District. The District is characterized by courtyard apartments oriented around landscaped spaces constructed during an architectural period of significance dating from 1937-1956. The proposed project consists of a 4,793 sf subterranean multi-purpose room and 843 sf lunch seating area and 840 sf of administrative offices within the interior courtyard of the existing building envelope that will not be visible from San Vicente Boulevard. Further, the proposed rooftop play area is on an existing building adjacent to the alley (approximately 170 feet from the North property line) and would be minimally visible from San Vicente Boulevard only due to required safety fencing. The proposed project does not change the existing front elevation or landscape features of the non-contributing school and therefore, would have no impact on the overall character or significance of the historic district. Further, the proposed addition requires review and approval of a Certificate of Appropriateness by the City’s Landmarks Commission to ensure the structure would not potentially impact the character-defining features of the District. 8. The proposed use and related project features would not be detrimental to the public interest, health, safety, convenience, or general welfare. The conditions added per the Conditional Use Permit 19ENT-0250 will provide mitigation to ensure the existing school’s proposed expansion is compatible with the surrounding neighbors and will not impact the public interest or the general welfare and minimize the effect of the use on adjacent neighbors. MINOR MODIFICATION FINDINGS 6.A.b Packet Pg. 528 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 6 1. The approval of the minor modification is justified by site conditions, location of existing improvements, architecture or sustainability considerations, or retention of historic features or mature trees in that the site has unique conditions which justify granting the minor modification. The school has been in operation for 79 years since 1941 without negatively impacting the adjoining neighbors and residential buildings along its east, west, and south sides. The modification allows for the addition of two elevators along the exterior of the existing building as well as enclosure of a roofed lunch area. The addition of the elevators within the existing 6.A.b Packet Pg. 529 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 7 architecture poses unnecessary hardships and would require major structural and architectural revisions. 2. The requested modification is consistent with the General Plan and any applicable area or specific plans. The requested modification is consistent with the provisions, purpose and goals of the General Plan in that Santa Monica Schools and educational facilities are among the City’s most important assets. Facilitating bike access, parking and loading operations plan, transportation demand management are included in the Land Use and Circulation Element (LUCE) goals and policies: The addition of on-site long and short term bike parking is consistent with Policies CE.7, CE 14.1 and CE 14.2; as well as goal CE14. Additionally, the project is consistent with stated transit and transportation demand management goals and policies including: Goal CE15; T 14.2, N1.7, N4, and Policy N4.1 which incentivize alternative transportation modes and monitor the outcomes. The North of Montana and San Vicente Boulevard Goals N8 and N8.3 are met via the Certificate of Appropriateness project review by the Landmarks Commission as a non-contributor to the San Vicente Courtyard Apartment Historic District. 3. The project as modified meets the intent and purpose of the applicable zone district and is in substantial compliance with the district regulations. Granting the proposed minor modification will not adversely affect orderly development in this district in that the request for 45.29% parcel coverage primarily facilitates pedestrian circulation, including new elevators. The two added elevators required for disabled access total 276 SF and the parcel coverage overage is 134 SF. 4. The parcels sharing common parcel lines with the subject parcel will not be adversely affected as a result of approval or conditional approval of the minor modification, including but not limited to, impacts on the privacy, sunlight, or air. The adjacent parcels will not be adversely impacted by the parcel coverage overage of .29% or 134 square feet in that the additional square footage includes two elevators of 276 square feet and enclosure of an 843 square foot lunch area. The proposal will not impact the adjacent properties with regard to privacy, sunlight and air since all these areas are located within the buildable footprint of the parcel, are not adjacent to the property lines or encroach into required setbacks. 5. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working at the site. Granting the minor modification will not be detrimental to the health, safety, or general welfare of a person residing or working on the site. The requested 0.29% additional parcel coverage will facilitate pedestrian circulation and disabled access via new elevators, enclosure of an existing roofed outdoor eating area to provide shade. CONDITIONS OF APPROVAL 6.A.b Packet Pg. 530 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 8 Project Specific Conditions 1. If there are any conflicts between the conditions set forth in this Statement of Official Action and Conditions set forth in the Statement of Official Action for Conditional Use Permit 95-012, the conditions set forth in this Statement of Official Action shall control. 2. The requested Conditional Use Permit Amendment is granted for: a. An upper level play court addition above existing parking and offices located at the rear, adjacent to Georgina Place North Alley; and b. An addition to the existing first floor, second, and basement level of the school totaling approximately 7,898 sf. 3. The requested Minor Modification for 0.29% additional parcel coverage is granted for a total ground floor parcel coverage of 45.29%. 4. The approved use is for a private school with an enrollment of 280 children. Only activities directly associated with the private school shall be allowed at the site, which includes events such as student class performances and parent meetings. Any schoolwide event that draws more than 50 adult attendees (excluding School administrators or faculty and immediate neighbors) to the School campus shall be considered a “Special School Event.” Sports league games and morning flag line (morning announcements typically held on the outdoor play field) shall not constitute Special School Events. The School shall host no more than 18 Special School Events per academic year. No more than 6 of these events may be held after school hours without the Planning Director’s approval. Written requests for after school hours special events must be submitted a minimum of 45 days prior to the proposed event, and such requests shall be reviewed in accordance with the required findings and reasonable conditions in SMMC Sections 9.44.030 and 9.44.040. In addition, at least one week prior to the event, the applicant shall provide public notice of the event for informational purposes to all residents within a 300-foot radius of the property. 5. Parking and Loading Operations Plan (PLOP) shall be reviewed and approved by the Mobility Division prior to the issuance of a building permit. The plan shall be reviewed for compatibility with the protected bikeway vision along San Vicente Boulevard and shall include a site plan and circulation features, such as the locations where pick-up/drop-off occurs, and show path of travel between passenger loading locations to the building entrance. The PLOP shall also address parking procedures for Special School Events, including parking-related information to be included on invitations. The PLOP may be amended from time to time as appropriate with the approval of the Planning Director. 6. Valet parking shall be provided for any Special School Event expected to draw more than 150 vehicles, or other Special School Events as required by the Planning Director. The applicant shall provide a detailed bike and automobile valet 6.A.b Packet Pg. 531 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 9 plan to the City Mobility Division for review and approval at least 72 hours prior to such a Special School Event. This plan shall include a narrative detailing drop-off, circulation, event hours, estimated number of persons attending, and off-site vehicle staging and the plans must mitigate impacts to the adjacent public right-of- way. These special events shall be allowed to use the existing parking for events (32 spaces from the Georgina Place North alley) and any valet parking operations shall be restricted so that only one side of any street may be used for parking vehicles. Any invitations sent out for Special School Events shall include a description of the limited availability of parking near the School, and shall encourage walking, biking, ridesharing and use of public transportation. 7. Prior to issuance of a building permit for the first phase of the project, the construction plans shall include 32 bike parking spaces comprised of 11 long-term and 21 short-term stalls, on-site shower facilities, and a location for an electrical vehicle recharge station. The facilities shall be designed with the City standards and approved by the Mobility Division. 8. There are currently three “zones” of fixed outdoor speakers including (1) the play court in the inner courtyard, (2) the artificial turf field, and (3) the outdoor lunch area. As a result of the Project, the lunch area will be enclosed. Therefore, speakers in that area shall be removed. 9. The Applicant’s outdoor speakers shall be used primarily for emergency purposes. The only daily use of the speaker system shall occur during the School’s brief morning assembly at the beginning of the school day. The only speakers that may be utilized during morning assembly are those installed at the ground floor play court that face inward towards the court zone. 10. Speakers shall not be utilized during afternoon student pickup. Walkie talkies or other technologies that do not contribute significantly to neighborhood noise may be used. 11. The applicant shall conduct an acoustical analysis of the upper level playcourt after the structure is constructed and fully operational and in active use. This analysis should be completed and submitted to the City Planning Division within 30 days from the start of the first school session after Certificate of Occupancy for the playcourt construction. The test results shall be analyzed and compared with the noise assumptions made in the report dated May 27, 2020. If the test results exceed the conclusions of the May 27, 2020 report, the applicant shall have 60 days to propose additional mitigation recommended by the preparer of the acoustical analysis. The applicant shall then have 60 additional days to implement such mitigation. 12. An on-site contact person shall be designated to serve as a neighborhood liaison to address any neighborhood concerns related to the school. Notification of the staff liaison and applicable contact information, including telephone and email 6.A.b Packet Pg. 532 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 10 address, shall be provided to all residents within a 300-foot radius of the subject site prior to the commencement of the school session after Certificate of Occupancy for the playcourt construction, and at least once per year thereafter. 13. To address the potential for ball play equipment or other objects that may fall outside the walled containment area of the playcourt into the alley or adjacent yard areas, a lightweight netting material with 50% minimum transparency shall be installed around the outdoor playcourt in compliance with allowable projections per Section 9.21.060. 14. Pursuant to SMMC Section 8.98.040 a Construction Management Plan to coordinate, communicate, and manage the temporary effects of construction activity on surrounding residents, and commuters shall be submitted and approved by City Staff prior to issuance of building permit. 15. The large playfield to the west on the expanded school campus shall be landscaped with grass or artificial turf rather than hard surface material, to absorb sound. The artificial turf shall consist of acrylic-coated sand or other similar non- toxic material. Crumb rubber fill shall be prohibited unless the material is determined to be safe and effective by the manufacturer and the administrators of Carlthorp School. 16. The applicant is required to implement the Transportation Demand Management Plan as described in Attachment H of the Planning Commission staff report, as may be amended from time to time with review and approval by the City’s Mobility Division. 17. The subterranean multi-purpose room shall be used in the manner described in Attachment J of the staff report and shall not be used as a classroom. 18. The applicant proposes to accomplish construction phased over a five-year period. Thus, approval of CUP 19ENT-025 is granted a five-year term. In addition, pursuant to the Interim Ordinance 2688, permits approved between January 25, 2022 and the expiration of the Interim Ordinance are extended for an additional two years. The west and east facing walls of the playcourt shall be solid/ non-transparent. The applicant shall consider murals, artwork or architectural details on walls enclosing the playcourt, especially on the south facing wall. Any lighting installed for the rooftop playcourt shall be shielded light fixtures so as not to produce obtrusive glare onto adjacent properties. Such lighting shall be turned off when not in use. 19. The exterior stairwell along the west elevation shall be screened with a green wall/landscaping as allowed by applicable Building and Fire Codes. 6.A.b Packet Pg. 533 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 11 Administrative 20. The Planning Commission’s approval, conditions of approval, or denial of Conditional Use Permit 19ENT-0250, or Minor Modification 20ENT-0066 may be appealed to the City Council if the appeal is filed with the Zoning Administrator within fourteen consecutive days following the date of the Planning Commission’s determination in the manner provided in Section 9.40.070. An appeal of the approval, conditions of approval, or denial of a subdivision map must be filed with the City Clerk within ten consecutive days following the date of Planning Commission determination in the manner provided in Section 9.54.070(G). 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 five years from the permit’s effective date allowing phased construction. Exercise of rights shall mean issuance of a building permit to commence construction. 21. Pursuant to SMMC Section 9.37.110(D), if the Building Official determines that another building permit has been issued less than fifteen months prior to the date on which the building permit for this project has received all plan check approvals and none of the relevant exceptions specified in Sections 9.37.110(C) and (E) apply, the Building Official shall place the project on a waiting list in order of the date and time of day that the permit application received all plan check approvals, and the term of this approval and other City approvals or permits necessary to commence the project shall be automatically extended by the amount of time that a project remains on the waiting list. 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 1-year 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. Extension requests to a subdivision map must be approved by the Planning Commission. 22. Applicant is advised that projects in the California Coastal Zone may need approval of the California Coastal Commission prior to issuance of any building permits by the City of Santa Monica. Applicant is responsible for obtaining any such permits. 23. 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. 24. Within ten days of City 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 City Planning Division, agreeing to the conditions of 6.A.b Packet Pg. 534 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 12 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. 25. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Design Review Permit. 26. 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. Indemnity 27. Applicant shall defend, indemnify, and hold harmless the City and its boards, commissions, agents, officers, and employees (collectively, "City") from any claims, actions, or proceedings (individually referenced as "Claim" and collectively referenced as "Claims") against the City to attack, set aside, void, or annul, the approval of this Variance concerning the Applicant's proposed project, or any Claims brought against the City due to the acts or omissions in any connected to the Applicant's project. City shall promptly notify the applicant of any Claim and shall cooperate fully in the defense. Nothing contained in this paragraph prohibits the City from participating in the defense of any Claims, if both of the following occur: (1) The City bears its own attorney's fees and costs. (2) The City defends the action in good faith. Applicant shall not be required to pay or perform any settlement unless the settlement is approved by the Applicant. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of any approvals granted for the Project, or is commenced for any other reason against the City for the act or omissions relating to the Applicant's project, within fourteen (14) days following notice of such action from the City, the Applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the City ("the Security") in a form satisfactory to the City, and in the amount of $100,000 to ensure applicant's 6.A.b Packet Pg. 535 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 13 performance of its defense, indemnity and hold harmless obligations to City. The Security amount shall not limit the Applicant's obligations to the City hereunder. The failure of the Applicant to provide the Security shall be deemed an express acknowledgment and agreement by the Applicant that the City shall have the authority and right, without consent of the Applicant, to revoke the approvals granted hereunder. Conformance with Approved Plans 28. This approval is for those plans dated January 25, 2022 and additional exhibits, 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. 29. 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. 30. Project plans shall be subject to complete Code Compliance review when the building plans are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance. Fees 31. As required by California Government Code Section 66020, the project applicant is hereby notified that the 90-day period has begun as of the date of the approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. The fees, dedications, reservations, or other exactions are described in the approved plans, conditions of approval, and/or adopted city fee schedule. Cultural Resources 32. The City shall not approve the demolition of any building or structure unless the applicant has complied with all of the requirements of SMMC Chapter 9.25, including no demolition of buildings or structures built 40 years of age or older shall be permitted until the end of a 75-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 6.A.b Packet Pg. 536 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 14 a final determination is made on the application by the Landmarks Commission, or City Council on appeal. 33. 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. Final Design 34. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Landmarks Commission (San Vicente Boulevard Courtyard Apartment Historic District). 35. Landscaping plans shall comply with Subchapter 9.26.040 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 36. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Sections 9.21.100, 9.21.130 and 9.21.140. 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. 37. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 38. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti. Construction Management Plan Requirements 39. During demolition, excavation, and construction, this project shall comply with SCAQMD Rule 403 to minimize fugitive dust and associated particulate emission, including but not limited to the following: 6.A.b Packet Pg. 537 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 15 • All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least three times daily with complete coverage, preferably at the start of the day, in the late morning, and after work is done for the day. • All grading, earth moving, or excavation activities shall cease during periods of high winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as to prevent excessive amounts of dust. • All material transported on and off-site shall be securely covered to prevent excessive amounts of dust. • Soils stockpiles shall be covered. • Onsite vehicle speeds shall be limited to 15 mph. • Wheel washers shall be installed where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip. • An appointed construction relations officer shall act as a community liaison concerning onsite construction activity including resolution of issues related to PM10 generation. • Streets shall be swept at the end of the day using SCAQMD Rule 1186 certified street sweepers or roadway washing trucks if visible soil is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water). • All active portions the construction site shall be sufficiently watered three times a day to prevent excessive amounts of dust. 40. 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 indoors which may be heard outdoors. Standard Conditions 41. Lofts or mezzanines shall not exceed 33.3% of the room below unless compliance with the district's limits on number of stories can be maintained. 42. For security purposes, the overheight front yard fence and landscaping as approved in 1996 may be re-established following construction but is no longer required to provide a clear view through the front fence. 43. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure. 44. 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 6.A.b Packet Pg. 538 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 16 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. 45. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program. PUBLIC LANDSCAPE 46. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City’s Urban Forest Master Plan, per the specifications of the Public Landscape Division of the Community & Cultural Services Department and the City’s Tree Code (SMMC Chapter 7.40). No street trees shall be removed without the approval of the Public Landscape Division. 47. Prior to the issuance of a demolition permit all street trees that are adjacent to or will be impacted by the demolition or construction access shall have tree protection zones established in accordance with the Urban Forest Master Plan. All tree protection zones shall remain in place until demolition and/or construction has been completed. 48. Replace or plant new street trees in accordance with Urban Forest Master Plan and in consultation with City Arborist. OFFICE OF SUSTAINABILITY AND THE ENVIRONMENT 49. Developer is hereby informed of the availability for free enrollment in the Savings By Design incentive program where available through Southern California Edison. If Developer elects to enroll in the program, enrollment shall occur prior to submittal of plans for Architectural Review and an incentive agreement shall be executed with Southern California Edison prior to issuance of a building permit. 50. The project shall comply with requirements in section 8.106 of the Santa Monica Municipal code, which adopts by reference the California Green Building Standards Code and which adds local amendments to that Code. In addition, the project shall meet the landscape water conservation and construction and demolition waste diversion requirements specified in Section 8.108 of the Santa Monica Municipal Code. PUBLIC WORKS DEPARTMENT (PWD) General Conditions 51. Developer shall be responsible for the payment of the following Public Works Department (PWD) permit fees prior to issuance of a building permit: 6.A.b Packet Pg. 539 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 17 a. Water Services b. Wastewater Capital Facility c. Water Demand Mitigation d. Fire Service Connection e. Tieback Encroachment f. Encroachment of on-site improvements into public right-of-way g. Construction and Demolition Waste Management – If the valuation of a project is at least $50,000 or if the total square feet of the project is equal to or greater than 1000 square feet, then the owner or contractor is required to complete and submit a Waste Management Plan. All demolition projects are required to submit a Waste Management Plan. A performance deposit is collected for all Waste Management Plans equal to 3% of the project value, not to exceed $30,000. All demolition only permits require a $1,000 deposit or $1.00 per square foot, whichever is the greater of the two. Some of these fees shall be reimbursed to developer in accordance with the City’s standard practice should Developer not proceed with development of the Project. In order to receive a refund of the Construction and Demolition performance deposit, the owner or contractor must provide receipts of recycling 70% of all materials listed on the Waste Management Plan. 52. Any construction related work or use of the public right-of-way will be required to obtain the approval of the City of Santa Monica, including but not limited to: Use of Public Property Permits, Sewer Permits, Excavation Permits, Alley Closure Permits, Street Closure Permits, and Temporary Traffic Control Plans. 53. Plans and specifications for all offsite improvements shall be prepared by a Registered Civil Engineer licensed in the State of California for approval by the City Engineer prior to issuance of a building permit. 54. During construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around any portions of the construction site exposed to the public rights-of-way. The lot shall be kept clear of all trash, weeds, etc. 55. Until completion of construction, 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, developer and contractor for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 56. Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Building & Safety Division. The report shall consist of a hazardous materials 6.A.b Packet Pg. 540 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 18 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. Water Resources 57. Connections to the sewer or storm drains require a sewer permit from the PWD - Civil Engineering Division. Connections to storm drains owned by Los Angeles County require a permit from the L.A. County Department of Public Works. 58. Parking areas and structures and other facilities generating wastewater with potential oil and grease content are required to pretreat the wastewater before discharging to the City storm drain or sewer system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. 59. If the project involves dewatering, developer/contractor shall contact the LA Regional Water Quality Control Board (RWQCB) to obtain an NPDES Permit for discharge of groundwater from construction dewatering to surface water. For more information refer to: http://www.waterboards.ca.gov/losangeles/ and search for Order # R4-2003-0111. 60. Prior to the issuance of the first building permit, the applicant shall submit a sewer study that shows that the City’s sewer system can accommodate the entire development. If the study does not show to the satisfaction of the City that the City’s sewer system can accommodate the entire development, prior to issuance of the first building permit, the Developer shall be responsible to upgrade any downstream deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer. 61. Prior to the issuance of the first building permit, the applicant shall submit a water study that shows that the City’s water system can accommodate the entire development for fire flows and all potable needs. Developer shall be responsible to upgrade any water flow/pressure deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer. 6.A.b Packet Pg. 541 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 19 62. Prior to the issuance of the first building permit, the applicant shall submit a hydrology study of all drainage to and from the site to demonstrate adequacy of the existing storm drain system for the entire development. Developer shall be responsible to upgrade any system deficiencies, to the satisfaction of City Engineer, if calculations show that the project will cause such facilities to receive greater demand than can be accommodated. All reports and improvement plans shall be submitted to Engineering Division for review and approval. The study shall be performed by a Registered Civil Engineer licensed in the State of California. 63. Developer shall not directly connect to a public storm drain pipe or direct site drainage to the public alley. Commercial or residential units are required to either have an individual water meter or a master meter with sub-meters. 64. All existing sanitary sewer “house connections” to be abandoned, shall be removed and capped at the “Y” connections. 65. The fire services and domestic services 3-inches or greater must be above ground, on the applicant’s site, readily accessible for testing. 66. Developer is required to meet state cross-connection and potable water sanitation guidelines. Refer to requirements and comply with the cross-connections guidelines available at: http://www.lapublichealth.org/eh/progs/envirp/ehcross.htm. Prior to issuance of a Certificate of Occupancy, a cross-connection inspection shall be completed. 67. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon urinals and low flow shower heads. Urban Water Runoff Mitigation 68. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan shall be required by the PWD pursuant to Municipal Code Chapter 7.10. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact PWD to determine applicable requirements, such as: a. The site must comply with SMMC Chapter 7.10 Urban Runoff Pollution Ordinance for the construction phase and post construction activities; b. Non-storm water runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; c. Any sediments or materials which are tracked off-site must be removed the same day they are tracked off-site; 6.A.b Packet Pg. 542 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 20 d. Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments are not tracked into the street or adjoining properties; e. No runoff from the construction site shall be allowed to leave the site; and f. Drainage control measures shall be required depending on the extent of grading and topography of the site. g. Development sites that result in land disturbance of one acre or more are required by the State Water Resources Control Board (SWRCB) to submit a Storm Water Pollution Prevention Plan (SWPPP). Effective September 2, 2011, only individuals who have been certified by the Board as a “Qualified SWPPP Developer” are qualified to develop and/or revise SWPPPs. A copy of the SWPPP shall also be submitted to the PWD. 69. Prior to implementing any temporary construction dewatering or permanent groundwater seepage pumping, a permit is required from the City Water Resources Protection Program (WRPP). Please contact the WRPP for permit requirements at least two weeks in advance of planned dewatering or seepage pumping. They can be reached at (310) 458-8235. Public Streets & Rights-of-Way 70. Prior to the issuance of a Certificate of Occupancy for the Project, all required offsite improvements, such as AC pavement rehabilitation, replacement of sidewalk, curbs and gutters, installation of street trees, lighting, etc. shall be designed and installed to the satisfaction of the Public Works Department and Public Landscape Division. 71. All off-site improvements required by the Public Works Department shall be installed. Plans and specifications for off-site improvements shall be prepared by a registered civil engineer and approved by the City Engineer. 72. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 73. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project or needed improvement prior to the project, as determined by the PWD shall be reconstructed to the satisfaction of the PWD. Design, materials and workmanship shall match the adjacent elements including architectural concrete, pavers, tree wells, art elements, special landscaping, etc. 74. Street and alley sections adjacent to the development shall be replaced as determined by the PWD. This typically requires full reconstruction of the street or alley in accordance with City of Santa Monica standards for the full adjacent length of the property. Utilities 6.A.b Packet Pg. 543 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 21 75. Prior to submittal of plan check application, make arrangements with all affected utility companies and indicate points of connection for all services on the site plan drawing. Pay for undergrounding of all overhead utilities within and along the development frontages. Existing and proposed overhead utilities need to be relocated underground. 76. Location of Southern California Edison electrical transformer and switch equipment/structures must be clearly shown on the development site plan and other appropriate plans within the project limits. The SCE structures serving the proposed development shall not be located in the public right-of-way. Resource Recovery and Recycling 77. Development plans must show the refuse and recycling (RR) area dimensions to demonstrate adequate and easily accessible area. If the RR area is completely enclosed, then lighting, ventilation and floor drain connected to sewer will be required. Section 9.21.130 of the SMMC has dimensional requirements for various sizes and types of projects. Developments that place the RR area in subterranean garages must also provide a bin staging area on their property for the bins to be placed for collection. 78. Contact Resource Recovery and Recycling RRR division to obtain dimensions of the refuse recycling enclosure. 79. For temporary excavation and shoring that includes tiebacks into the public right- of-way, a Tieback Agreement, prepared by the City Attorney, will be required. 80. Nothing contained in these Conditions of Approval shall prevent Developer from seeking relief pursuant to any Application for Alternative Materials and Methods of Design and Construction or any other relief as otherwise may be permitted and available under the Building Code, Fire Code, or any other provision of the SMMC. Construction Management plan 81. A Construction Management Plan per SMMC 8.98.040 shall be prepared by the applicant for approval by the following City departments prior to issuance of a building permit: Public Works, Fire, Community Development, and Police. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall: a. Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; b. Describe how demolition of any existing structures is to be accomplished; c. Indicate where any cranes are to be located for erection/construction; d. Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; 6.A.b Packet Pg. 544 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 22 e. Set forth the extent and nature of any pile-driving operations; f. Describe the length and number of any tiebacks which must extend under the property of other persons; g. Specify the nature and extent of any dewatering and its effect on any adjacent buildings; h. Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; i. Specify the nature and extent of any helicopter hauling; j. State whether any construction activity beyond normally permitted hours is proposed; k. Describe any proposed construction noise mitigation measures, including measures to limit the duration of idling construction trucks; l. Describe construction-period security measures including any fencing, lighting, and security personnel; m. Provide a grading and drainage plan; n. Provide a construction-period parking plan which shall minimize use of public streets for parking; o. List a designated on-site construction manager; p. Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste; q. Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; and r. Provide a construction period water runoff control plan. VOTE 20ENT-0275 (Appeal) Ayes: Nays: Abstain: Absent: VOTE Minor Modification 20ENT-0066 Ayes: Nays: Abstain: Absent: 6.A.b Packet Pg. 545 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 23 VOTE Conditional Use Permit 19ENT-0250 Ayes: Nays: Abstain: Absent: 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 City Council of the City of Santa Monica. 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. Print Name and Title Date Applicant’s Signature 6.A.b Packet Pg. 546 Attachment: Attachment B Council STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) 5-10-22 REVISED [Revision 3] (5012 : Appeal 1 Attachment C Public Notification Information City of Santa Monica City Planning Division PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT INFORMATION CASE NUMBER: 19ENT-0250 and 20ENT-0066 LOCATION: 438 San Vicente Boulevard APPLICANT: Carlthorp School/ Ken Parr PROPERTY OWNER: Carlthorp School CASE PLANNER: Gina Szilak, Associate Planner REQUEST: Amendment to Conditional Use Permit 95-012 to allow 7,259 square foot expansion to Carlthorp Elementary School and rooftop playcourt with a Minor Modification for a .29% increase in parcel coverage (45.29) CEQA STATUS: The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15303 (Class 3) of the State CEQA Guidelines. This section exempts minor additions to existing schools where the addition does not increase original student capacity by more than 25% or 10 classrooms. The school’s existing size is 47,709 square feet with a proposed addition of 6,477 square feet, a 14% increase in size that is intended to accommodate existing student capacity. The school has 22 existing K-6 classrooms and the addition will not add any new classrooms. Therefore, the addition, will not increase the number of classrooms or students and no further environmental analysis is required. The proposed project is also categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31 of the State Implementation Guidelines in that the proposed addition to a non- contributor in the San Vicente Boulevard Courtyard Historic District is consistent with the Secretary of the DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 547 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 2 Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (2017), revised by Anne E. Grimmer, and would not cause a substantial adverse change in the significance of the San Vicente Courtyard Historic District. The District is characterized by courtyard apartments oriented around landscaped spaces constructed during an architectural period of significance dating from 1937-1956. The proposed project consists of a 5,575 sf subterranean multi- purpose room and 844 sf lunch seating area and 840 sf of administrative offices within the interior courtyard of the existing building envelope that will not be visible from San Vicente Boulevard. Further, the proposed rooftop play area is on an existing building adjacent to the alley (approximately 170 feet from the North property line) and would be minimally visible from San Vicente Boulevard only due to required safety fencing. The proposed project does not change the existing front elevation or landscape features of the non-contributing school and therefore, would have no impact on the overall character or significance of the historic district. Further, the proposed addition requires review and approval of a Certificate of Appropriateness by the City’s Landmarks Commission to ensure the structure would not potentially impact the character-defining features of the District. PLANNING COMMISSION ACTION November 4, 2020 Determination Date X Approved based on the following findings and subject to the conditions below. Denied. Other: EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: November 19, 2020 EXPIRATION DATE OF ANY PERMITS GRANTED: November 19, 2027 (5 years + 2 years pursuant to the Eighteenth Supplement to the Executive Order of the Director of Emergency Services Declaring the Existence of a DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 548 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 3 Local Emergency adopted on May 29, 2020) LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*: 6 months * Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit. 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. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is conditionally allowed within the applicable Zoning District and complies with all other applicable provisions of this Ordinance and all other titles of the Municipal Code. The existing school was established through an approved Conditional Use Permit and was previously expanded in 1995 when it acquired the adjoining lot after the 1994 Northridge Earthquake. The proposed expansion of an existing school is a permitted use in the R2 district with the approval of an approved Conditional Use Permit. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Specifically, the project is conditionally permitted with an approved via a Conditional Use Permit application and is consistent with the goals, objectives, and policies of the General Plan in the following areas. The addition of on-site long and short term bike parking is consistent with Policies CE.7, CE 14.1 and CE 14.2; as well as goal CE14. Additionally, the project is consistent with stated transit and transportation demand management goals and policies including: Goal CE15; T 14.2, N1.7, N4, and Policy N4.1 which incentivize alternative transportation modes and monitor the outcomes. The North of Montana and San Vicente Boulevard Goals N8 and N8.3 are met via the Certificate of Appropriateness project review by the Landmarks Commission as a non- contributor to the San Vicente Courtyard Apartment Historic District. 3. The subject parcel is physically suitable for the type of land use being proposed. The existing Carlthorp School is located on a 46,362 SF parcel and will comply with the R2 development standards for the proposed expansion with the exception of the parcel coverage. The maximum parcel coverage in the R2 zoning district is 45% while the proposed expansion constitutes a 45.29% overall parcel coverage, an overage of .29% or 134 SF for the less than 1% parcel coverage overage requested with a Minor Modification. This small increase over the allowable parcel coverage would permit a roofed lunch area but requires a Minor Modification application. The school has been in operation for 79 years DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 549 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 4 since 1941 without negatively impacting the adjoining neighbors and residential buildings along its east, west, and south sides. The school enrolls approximately 280 students and the proposed expansion would not increase the enrollment level. The expansion would facilitate and enhance the existing academic services and student experience. No new classrooms are included in the proposal. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the land uses are to remain. The school has been operating on the site for since 1941; the previous expanded operations conditions of approval (Development Review 95-003, Conditional Use Permit 95-012, Variance 95-002 and an approved Environmental Impact Report) are consistent with the existing on-site use. The proposed conditions of approval will serve to further mitigate potential impacts such as noise, parking, construction impacts, and a comprehensive drop-off and pick up plan for the benefit of the students, faculty and on-site administrators. 5. The proposed use is compatible with existing and permissible land uses within the District and the general area in which the proposed use is to be located which may include but not be limited to size, intensity, hours of operation, number of employees, or the nature of the operation. Since Carlthorp elementary school has been located on this site since 1941 and the school previously expanded with the approval of Development Review 95-003, Conditional Use Permit 95- 012, Variance 95-022 and an approved Environmental Impact Report, the proposed expansion via a Conditional Use Permit includes a number of specific project conditions to address potential parking impacts, noise, construction impacts and the viability of the school’s current and future drop off plans. These project specific conditions #1-20 can be found in the Statement of Official Action. 6. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood. The project is located in the San Vicente Boulevard Courtyard Apartment Historic District. The proposed addition and elevators are most visible to the interior courtyard, and not from San Vicente Boulevard. The upper level play court walls are visible from the street but are located in the rear, furthest from the street. The potential impacts altering visibility, building volume envelope or site design have been mitigated as the proposed project is for additions facing the interior courtyard that are compliant with the R2 development standards with the exception of a slight parcel coverage modification. Additionally, as a non-contributing structure in the district, the Landmarks Commission shall review and provide issuance of a Certificate of Appropriateness to ensure the new school expansion do not impact the integrity of the district nor character defining features of the contributing district structures. The potential impacts associated with ambient and the noise levels regulated via the Municipal Code Noise Ordinance have been analyzed and mitigated. A noise analysis report dated May 27, 2020 verifies the noise levels will be at or below these standards. Staff has added conditions #8-12 to ensure the potential noise impacts are minimized. The parking, loading circulation and bike parking plans DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 550 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 5 shall be reviewed by the Mobility Division and condition #5 mitigates and regulates these operational and on-site requirements. 7. Based on environmental review, the proposed project has no potentially significant environmental impacts or any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project. The proposed project is also categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31 of the State Implementation Guidelines in that the proposed addition to a non-contributor in the San Vicente Boulevard Courtyard Historic District is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (2017), revised by Anne E. Grimmer, and would not cause a substantial adverse change in the significance of the San Vicente Courtyard Historic District. The District is characterized by courtyard apartments oriented around landscaped spaces constructed during an architectural period of significance dating from 1937-1956. The proposed project consists of a 5,575 sf subterranean multi-purpose room and 844 sf lunch seating area and 840 sf of administrative offices within the interior courtyard of the existing building envelope that will not be visible from San Vicente Boulevard. Further, the proposed rooftop play area is on an existing building adjacent to the alley (approximately 170 feet from the North property line) and would be minimally visible from San Vicente Boulevard only due to required safety fencing. The proposed project does not change the existing front elevation or landscape features of the non-contributing school and therefore, would have no impact on the overall character or significance of the historic district. Further, the proposed addition requires review and approval of a Certificate of Appropriateness by the City’s Landmarks Commission to ensure the structure would not potentially impact the character-defining features of the District. 8. The proposed use and related project features would not be detrimental to the public interest, health, safety, convenience, or general welfare. The conditions added per the Conditional Use Permit 19ENT-0250 will provide mitigation to ensure the existing school’s proposed expansion is compatible with the surrounding neighbors and will not impact the public interest or the general welfare and minimize the effect of the use on adjacent neighbors. MINOR MODIFICATION FINDINGS 1. The approval of the minor modification is justified by site conditions, location of existing improvements, architecture or sustainability considerations, or retention of historic features or mature trees in that the site has unique conditions which justify granting the minor modification. The school has been in operation for 79 years since 1941 without negatively impacting the adjoining neighbors and residential buildings along its east, west, and south sides. The modification allows for the addition of two elevators along the exterior of the existing building as well as enclosure of a roofed lunch area. The addition of the elevators within the existing DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 551 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 6 architecture poses unnecessary hardships and would require major structural and architectural revisions. 2. The requested modification is consistent with the General Plan and any applicable area or specific plans. The requested modification is consistent with the provisions, purpose and goals of the General Plan in that Santa Monica Schools and educational facilities are among the City’s most important assets. Facilitating bike access, parking and loading operations plan, transportation demand management are included in the Land Use and Circulation Element (LUCE) goals and policies: The addition of on-site long and short term bike parking is consistent with Policies CE.7, CE 14.1 and CE 14.2; as well as goal CE14. Additionally, the project is consistent with stated transit and transportation demand management goals and policies including: Goal CE15; T 14.2, N1.7, N4, and Policy N4.1 which incentivize alternative transportation modes and monitor the outcomes. The North of Montana and San Vicente Boulevard Goals N8 and N8.3 are met via the Certificate of Appropriateness project review by the Landmarks Commission as a non-contributor to the San Vicente Courtyard Apartment Historic District. 3. The project as modified meets the intent and purpose of the applicable zone district and is in substantial compliance with the district regulations. Granting the proposed minor modification will not adversely affect orderly development in this district in that the request for 45.29% parcel coverage primarily facilitates pedestrian circulation, including new elevators. The two added elevators required for disabled access total 276 SF and the parcel coverage overage is 134 SF. 4. The parcels sharing common parcel lines with the subject parcel will not be adversely affected as a result of approval or conditional approval of the minor modification, including but not limited to, impacts on the privacy, sunlight, or air. The adjacent parcels will not be adversely impacted by the parcel coverage overage of .29% or 134 square feet in that the additional square footage includes two elevators of 276 square feet and enclosure of an 844 square foot lunch area. The proposal will not impact the adjacent properties with regard to privacy, sunlight and air since all these areas are located within the buildable footprint of the parcel, are not adjacent to the property lines or encroach into required setbacks. 5. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working at the site. Granting the minor modification will not be detrimental to the health, safety, or general welfare of a person residing or working on the site. The requested 0.29% additional parcel coverage will facilitate pedestrian circulation and disabled access via new elevators, enclosure of an existing roofed outdoor eating area to provide shade. CONDITIONS OF APPROVAL DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 552 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 7 Project Specific Conditions 1. If there are any conflicts between the conditions set forth in this Statement of Official Action and Conditions set forth in the Statement of Official Action for Conditional Use Permit 95-012, the conditions set forth in this Statement of Official Action shall control.  2. The requested Conditional Use Permit Amendment is granted for: a. An upper level play court addition above existing parking and offices located at the rear, adjacent to Georgina Place North Alley; and b. An addition to the existing first floor, second, and basement level of the school totaling approximately 6,477sf. 3. The requested Minor Modification for 0.29% additional parcel coverage is granted for a total ground floor parcel coverage of 45.29%. 4. The approved use is for a private school with an enrollment of 280 children. Only activities directly associated with the private school shall be allowed at the site, which includes events such as student class performances and parent meetings. Any schoolwide event that draws more than 50 adult attendees (excluding School administrators or faculty and immediate neighbors) to the School campus shall be considered a “Special School Event.” Sports league games and morning flag line (morning announcements typically held on the outdoor play field) shall not constitute Special School Events. The School shall host no more than 18 Special School Events per academic year. No more than 6 of these events may be held after school hours without the Planning Director’s approval. Written requests for after school hours special events must be submitted a minimum of 45 days prior to the proposed event, and such requests shall be reviewed in accordance with the required findings and reasonable conditions in SMMC Sections 9.44.030 and 9.44.040. In addition, at least one week prior to the event, the applicant shall provide public notice of the event for informational purposes to all residents within a 300-foot radius of the property. 5. Parking and Loading Operations Plan (PLOP) shall be reviewed and approved by the Mobility Division prior to the issuance of a building permit. The plan shall be reviewed for compatibility with the protected bikeway vision along San Vicente Boulevard and shall include a site plan and circulation features, such as the locations where pick-up/drop-off occurs, and show path of travel between passenger loading locations to the building entrance. The PLOP shall also address parking procedures for Special School Events, including parking-related information to be included on invitations. The PLOP may be amended from time to time as appropriate with the approval of the Planning Director. 6. Valet parking shall be provided for any Special School Event expected to draw more than 150 vehicles, or other Special School Events as required by the Planning Director. The applicant shall provide a detailed bike and automobile valet DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 553 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 8 plan to the City Mobility Division for review and approval at least 72 hours prior to such a Special School Event. This plan shall include a narrative detailing drop-off, circulation, event hours, estimated number of persons attending, and off-site vehicle staging and the plans must mitigate impacts to the adjacent public right-of- way. These special events shall be allowed to use the existing parking for events (32 spaces from the Georgina Place North alley) and any valet parking operations shall be restricted so that only one side of any street may be used for parking vehicles. Any invitations sent out for Special School Events shall include a description of the limited availability of parking near the School, and shall encourage walking, biking, ridesharing and use of public transportation. 7. Prior to issuance of a building permit for the first phase of the project, the construction plans shall include 32 bike parking spaces comprised of 11 long-term and 21 short-term stalls, on-site shower facilities, and a location for an electrical vehicle recharge station. The facilities shall be designed with the City standards and approved by the Mobility Division. 8. There are currently three “zones” of fixed outdoor speakers including (1) the play court in the inner courtyard, (2) the artificial turf field, and (3) the outdoor lunch area. As a result of the Project, the lunch area will be enclosed. Therefore, speakers in that area shall be removed. 9. The Applicant’s outdoor speakers shall be used primarily for emergency purposes. The only daily use of the speaker system shall occur during the School’s brief morning assembly at the beginning of the school day. The only speakers that may be utilized during morning assembly are those installed at the ground floor play court that face inward towards the court zone. 10. Speakers shall not be utilized during afternoon student pickup. Walkie talkies or other technologies that do not contribute significantly to neighborhood noise may be used. 11. The applicant shall conduct an acoustical analysis of the upper level playcourt after the structure is constructed and fully operational and in active use. This analysis should be completed and submitted to the City Planning Division within 30 days from the start of the first school session after Certificate of Occupancy for the playcourt construction. The test results shall be analyzed and compared with the noise assumptions made in the report dated May 27, 2020. If the test results exceed the conclusions of the May 27, 2020 report, the applicant shall have 60 days to propose additional mitigation recommended by the preparer of the acoustical analysis. The applicant shall then have 60 additional days to implement such mitigation. 12. An on-site contact person shall be designated to serve as a neighborhood liaison to address any neighborhood concerns related to the school. Notification of the staff liaison and applicable contact information, including telephone and email DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 554 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 9 address, shall be provided to all residents within a 300-foot radius of the subject site prior to the commencement of the school session after Certificate of Occupancy for the playcourt construction, and at least once per year thereafter. 13. To address the potential for ball play equipment or other objects that may fall outside the walled containment area of the playcourt into the alley or adjacent yard areas, a lightweight netting material with 50% minimum transparency shall be installed around the outdoor playcourt in compliance with allowable projections per Section 9.21.060. 14. Pursuant to SMMC Section 8.98.040 a Construction Management Plan to coordinate, communicate, and manage the temporary effects of construction activity on surrounding residents, and commuters shall be submitted and approved by City Staff prior to issuance of building permit. 15. The large playfield to the west on the expanded school campus shall be landscaped with grass or artificial turf rather than hard surface material, to absorb sound. The artificial turf shall consist of acrylic-coated sand or other similar non- toxic material. Crumb rubber fill shall be prohibited unless the material is determined to be safe and effective by the manufacturer and the administrators of Carlthorp School. 16. The applicant is required to implement the Transportation Demand Management Plan as described in Attachment H of the Planning Commission staff report, as may be amended from time to time with review and approval by the City’s Mobility Division. 17. The subterranean multi-purpose room shall be used in the manner described in Attachment J of the staff report and shall not be used as a classroom. 18. The applicant proposes to accomplish construction phased over a five-year period. Thus, approval of CUP 19ENT-025 is granted a five-year term. In addition, pursuant to the 3rd revised 18th supplement to the Executive Order, permits approved between March 13, 2020 and the expiration of the Executive Order are extended for an additional two years. The west and east facing walls of the playcourt shall be solid/ non-transparent. The applicant shall consider murals, artwork or architectural details on walls enclosing the playcourt, especially on the south facing wall. Any lighting installed for the rooftop playcourt shall be shielded light fixtures so as not to produce obtrusive glare onto adjacent properties. Such lighting shall be turned off when not in use. 19. The exterior stairwell along the west elevation shall be screened with a green wall/landscaping as allowed by applicable Building and Fire Codes. DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 555 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 10 Administrative 20. The Planning Commission’s approval, conditions of approval, or denial of Conditional Use Permit 19ENT-0250, or Minor Modification 20ENT-0066 may be appealed to the City Council if the appeal is filed with the Zoning Administrator within fourteen consecutive days following the date of the Planning Commission’s determination in the manner provided in Section 9.40.070. An appeal of the approval, conditions of approval, or denial of a subdivision map must be filed with the City Clerk within ten consecutive days following the date of Planning Commission determination in the manner provided in Section 9.54.070(G). 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 five years from the permit’s effective date allowing phased construction. Exercise of rights shall mean issuance of a building permit to commence construction. 21. Pursuant to SMMC Section 9.37.110(D), if the Building Official determines that another building permit has been issued less than fifteen months prior to the date on which the building permit for this project has received all plan check approvals and none of the relevant exceptions specified in Sections 9.37.110(C) and (E) apply, the Building Official shall place the project on a waiting list in order of the date and time of day that the permit application received all plan check approvals, and the term of this approval and other City approvals or permits necessary to commence the project shall be automatically extended by the amount of time that a project remains on the waiting list. 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 1-year 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. Extension requests to a subdivision map must be approved by the Planning Commission. 22. Applicant is advised that projects in the California Coastal Zone may need approval of the California Coastal Commission prior to issuance of any building permits by the City of Santa Monica. Applicant is responsible for obtaining any such permits. 23. 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. 24. Within ten days of City 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 City Planning Division, agreeing to the conditions of DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 556 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 11 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. 25. Within thirty (30) days after final approval of the project, a sign shall be posted on site stating the date and nature of the approval. The sign shall be posted in accordance with the Zoning Administrator guidelines and shall remain in place until a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Design Review Permit. 26. 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. Indemnity 27. Applicant shall defend, indemnify, and hold harmless the City and its boards, commissions, agents, officers, and employees (collectively, "City") from any claims, actions, or proceedings (individually referenced as "Claim" and collectively referenced as "Claims") against the City to attack, set aside, void, or annul, the approval of this Variance concerning the Applicant's proposed project, or any Claims brought against the City due to the acts or omissions in any connected to the Applicant's project. City shall promptly notify the applicant of any Claim and shall cooperate fully in the defense. Nothing contained in this paragraph prohibits the City from participating in the defense of any Claims, if both of the following occur: (1) The City bears its own attorney's fees and costs. (2) The City defends the action in good faith. Applicant shall not be required to pay or perform any settlement unless the settlement is approved by the Applicant. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of any approvals granted for the Project, or is commenced for any other reason against the City for the act or omissions relating to the Applicant's project, within fourteen (14) days following notice of such action from the City, the Applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the City ("the Security") in a form satisfactory to the City, and in the amount of $100,000 to ensure applicant's DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 557 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 12 performance of its defense, indemnity and hold harmless obligations to City. The Security amount shall not limit the Applicant's obligations to the City hereunder. The failure of the Applicant to provide the Security shall be deemed an express acknowledgment and agreement by the Applicant that the City shall have the authority and right, without consent of the Applicant, to revoke the approvals granted hereunder. Conformance with Approved Plans 28. This approval is for those plans dated May 12, 2020 and additional exhibits, 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. 29. 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. 30. Project plans shall be subject to complete Code Compliance review when the building plans are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance. Fees 31. As required by California Government Code Section 66020, the project applicant is hereby notified that the 90-day period has begun as of the date of the approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of the approval or as a condition of approval of this development. The fees, dedications, reservations, or other exactions are described in the approved plans, conditions of approval, and/or adopted city fee schedule. Cultural Resources 32. The City shall not approve the demolition of any building or structure unless the applicant has complied with all of the requirements of SMMC Chapter 9.25, including no demolition of buildings or structures built 40 years of age or older shall be permitted until the end of a 75-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 DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 558 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 13 a final determination is made on the application by the Landmarks Commission, or City Council on appeal. 33. 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. Final Design 34. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Landmarks Commission (San Vicente Boulevard Courtyard Apartment Historic District). 35. Landscaping plans shall comply with Subchapter 9.26.040 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 36. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Sections 9.21.100, 9.21.130 and 9.21.140. 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. 37. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 38. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti. Construction Management Plan Requirements 39. During demolition, excavation, and construction, this project shall comply with SCAQMD Rule 403 to minimize fugitive dust and associated particulate emission, including but not limited to the following: DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 559 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 14  All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least three times daily with complete coverage, preferably at the start of the day, in the late morning, and after work is done for the day.  All grading, earth moving, or excavation activities shall cease during periods of high winds (i.e., greater than 20 mph measured as instantaneous wind gusts) so as to prevent excessive amounts of dust.  All material transported on and off-site shall be securely covered to prevent excessive amounts of dust.  Soils stockpiles shall be covered.  Onsite vehicle speeds shall be limited to 15 mph.  Wheel washers shall be installed where vehicles enter and exit the construction site onto paved roads or wash off trucks and any equipment leaving the site each trip.  An appointed construction relations officer shall act as a community liaison concerning onsite construction activity including resolution of issues related to PM10 generation.  Streets shall be swept at the end of the day using SCAQMD Rule 1186 certified street sweepers or roadway washing trucks if visible soil is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water).  All active portions the construction site shall be sufficiently watered three times a day to prevent excessive amounts of dust. 40. 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 indoors which may be heard outdoors. Standard Conditions 41. Lofts or mezzanines shall not exceed 33.3% of the room below unless compliance with the district's limits on number of stories can be maintained. 42. For security purposes, the overheight front yard fence and landscaping as approved in 1996 may be re-established following construction but is no longer required to provide a clear view through the front fence. 43. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot, unless otherwise permitted by applicable regulations. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure. 44. 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 DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 560 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 15 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. 45. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City’s graffiti removal program. PUBLIC LANDSCAPE 46. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City’s Urban Forest Master Plan, per the specifications of the Public Landscape Division of the Community & Cultural Services Department and the City’s Tree Code (SMMC Chapter 7.40). No street trees shall be removed without the approval of the Public Landscape Division. 47. Prior to the issuance of a demolition permit all street trees that are adjacent to or will be impacted by the demolition or construction access shall have tree protection zones established in accordance with the Urban Forest Master Plan. All tree protection zones shall remain in place until demolition and/or construction has been completed. 48. Replace or plant new street trees in accordance with Urban Forest Master Plan and in consultation with City Arborist. OFFICE OF SUSTAINABILITY AND THE ENVIRONMENT 49. Developer is hereby informed of the availability for free enrollment in the Savings By Design incentive program where available through Southern California Edison. If Developer elects to enroll in the program, enrollment shall occur prior to submittal of plans for Architectural Review and an incentive agreement shall be executed with Southern California Edison prior to issuance of a building permit. 50. The project shall comply with requirements in section 8.106 of the Santa Monica Municipal code, which adopts by reference the California Green Building Standards Code and which adds local amendments to that Code. In addition, the project shall meet the landscape water conservation and construction and demolition waste diversion requirements specified in Section 8.108 of the Santa Monica Municipal Code. PUBLIC WORKS DEPARTMENT (PWD) General Conditions 51. Developer shall be responsible for the payment of the following Public Works Department (PWD) permit fees prior to issuance of a building permit: DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 561 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 16 a. Water Services b. Wastewater Capital Facility c. Water Demand Mitigation d. Fire Service Connection e. Tieback Encroachment f. Encroachment of on-site improvements into public right-of-way g. Construction and Demolition Waste Management – If the valuation of a project is at least $50,000 or if the total square feet of the project is equal to or greater than 1000 square feet, then the owner or contractor is required to complete and submit a Waste Management Plan. All demolition projects are required to submit a Waste Management Plan. A performance deposit is collected for all Waste Management Plans equal to 3% of the project value, not to exceed $30,000. All demolition only permits require a $1,000 deposit or $1.00 per square foot, whichever is the greater of the two. Some of these fees shall be reimbursed to developer in accordance with the City’s standard practice should Developer not proceed with development of the Project. In order to receive a refund of the Construction and Demolition performance deposit, the owner or contractor must provide receipts of recycling 70% of all materials listed on the Waste Management Plan. 52. Any construction related work or use of the public right-of-way will be required to obtain the approval of the City of Santa Monica, including but not limited to: Use of Public Property Permits, Sewer Permits, Excavation Permits, Alley Closure Permits, Street Closure Permits, and Temporary Traffic Control Plans. 53. Plans and specifications for all offsite improvements shall be prepared by a Registered Civil Engineer licensed in the State of California for approval by the City Engineer prior to issuance of a building permit. 54. During construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around any portions of the construction site exposed to the public rights-of-way. The lot shall be kept clear of all trash, weeds, etc. 55. Until completion of construction, 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, developer and contractor for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 56. Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Building & Safety Division. The report shall consist of a hazardous materials DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 562 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 17 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. Water Resources 57. Connections to the sewer or storm drains require a sewer permit from the PWD - Civil Engineering Division. Connections to storm drains owned by Los Angeles County require a permit from the L.A. County Department of Public Works. 58. Parking areas and structures and other facilities generating wastewater with potential oil and grease content are required to pretreat the wastewater before discharging to the City storm drain or sewer system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. 59. If the project involves dewatering, developer/contractor shall contact the LA Regional Water Quality Control Board (RWQCB) to obtain an NPDES Permit for discharge of groundwater from construction dewatering to surface water. For more information refer to: http://www.waterboards.ca.gov/losangeles/ and search for Order # R4-2003-0111. 60. Prior to the issuance of the first building permit, the applicant shall submit a sewer study that shows that the City’s sewer system can accommodate the entire development. If the study does not show to the satisfaction of the City that the City’s sewer system can accommodate the entire development, prior to issuance of the first building permit, the Developer shall be responsible to upgrade any downstream deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer. 61. Prior to the issuance of the first building permit, the applicant shall submit a water study that shows that the City’s water system can accommodate the entire development for fire flows and all potable needs. Developer shall be responsible to upgrade any water flow/pressure deficiencies, to the satisfaction of the Water Resources Manager, if calculations show that the project will cause such mains to receive greater demand than can be accommodated. Improvement plans shall be submitted to the Engineering Division. All reports and plans shall also be approved by the Water Resources Engineer. DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 563 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 18 62. Prior to the issuance of the first building permit, the applicant shall submit a hydrology study of all drainage to and from the site to demonstrate adequacy of the existing storm drain system for the entire development. Developer shall be responsible to upgrade any system deficiencies, to the satisfaction of City Engineer, if calculations show that the project will cause such facilities to receive greater demand than can be accommodated. All reports and improvement plans shall be submitted to Engineering Division for review and approval. The study shall be performed by a Registered Civil Engineer licensed in the State of California. 63. Developer shall not directly connect to a public storm drain pipe or direct site drainage to the public alley. Commercial or residential units are required to either have an individual water meter or a master meter with sub-meters. 64. All existing sanitary sewer “house connections” to be abandoned, shall be removed and capped at the “Y” connections. 65. The fire services and domestic services 3-inches or greater must be above ground, on the applicant’s site, readily accessible for testing. 66. Developer is required to meet state cross-connection and potable water sanitation guidelines. Refer to requirements and comply with the cross-connections guidelines available at: http://www.lapublichealth.org/eh/progs/envirp/ehcross.htm. Prior to issuance of a Certificate of Occupancy, a cross-connection inspection shall be completed. 67. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon urinals and low flow shower heads. Urban Water Runoff Mitigation 68. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan shall be required by the PWD pursuant to Municipal Code Chapter 7.10. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact PWD to determine applicable requirements, such as: a. The site must comply with SMMC Chapter 7.10 Urban Runoff Pollution Ordinance for the construction phase and post construction activities; b. Non-storm water runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site; c. Any sediments or materials which are tracked off-site must be removed the same day they are tracked off-site; DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 564 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 19 d. Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments are not tracked into the street or adjoining properties; e. No runoff from the construction site shall be allowed to leave the site; and f. Drainage control measures shall be required depending on the extent of grading and topography of the site. g. Development sites that result in land disturbance of one acre or more are required by the State Water Resources Control Board (SWRCB) to submit a Storm Water Pollution Prevention Plan (SWPPP). Effective September 2, 2011, only individuals who have been certified by the Board as a “Qualified SWPPP Developer” are qualified to develop and/or revise SWPPPs. A copy of the SWPPP shall also be submitted to the PWD. 69. Prior to implementing any temporary construction dewatering or permanent groundwater seepage pumping, a permit is required from the City Water Resources Protection Program (WRPP). Please contact the WRPP for permit requirements at least two weeks in advance of planned dewatering or seepage pumping. They can be reached at (310) 458-8235. Public Streets & Rights-of-Way 70. Prior to the issuance of a Certificate of Occupancy for the Project, all required offsite improvements, such as AC pavement rehabilitation, replacement of sidewalk, curbs and gutters, installation of street trees, lighting, etc. shall be designed and installed to the satisfaction of the Public Works Department and Public Landscape Division. 71. All off-site improvements required by the Public Works Department shall be installed. Plans and specifications for off-site improvements shall be prepared by a registered civil engineer and approved by the City Engineer. 72. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 73. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project or needed improvement prior to the project, as determined by the PWD shall be reconstructed to the satisfaction of the PWD. Design, materials and workmanship shall match the adjacent elements including architectural concrete, pavers, tree wells, art elements, special landscaping, etc. 74. Street and alley sections adjacent to the development shall be replaced as determined by the PWD. This typically requires full reconstruction of the street or alley in accordance with City of Santa Monica standards for the full adjacent length of the property. Utilities DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 565 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 20 75. Prior to submittal of plan check application, make arrangements with all affected utility companies and indicate points of connection for all services on the site plan drawing. Pay for undergrounding of all overhead utilities within and along the development frontages. Existing and proposed overhead utilities need to be relocated underground. 76. Location of Southern California Edison electrical transformer and switch equipment/structures must be clearly shown on the development site plan and other appropriate plans within the project limits. The SCE structures serving the proposed development shall not be located in the public right-of-way. Resource Recovery and Recycling 77. Development plans must show the refuse and recycling (RR) area dimensions to demonstrate adequate and easily accessible area. If the RR area is completely enclosed, then lighting, ventilation and floor drain connected to sewer will be required. Section 9.21.130 of the SMMC has dimensional requirements for various sizes and types of projects. Developments that place the RR area in subterranean garages must also provide a bin staging area on their property for the bins to be placed for collection. 78. Contact Resource Recovery and Recycling RRR division to obtain dimensions of the refuse recycling enclosure. 79. For temporary excavation and shoring that includes tiebacks into the public right- of-way, a Tieback Agreement, prepared by the City Attorney, will be required. 80. Nothing contained in these Conditions of Approval shall prevent Developer from seeking relief pursuant to any Application for Alternative Materials and Methods of Design and Construction or any other relief as otherwise may be permitted and available under the Building Code, Fire Code, or any other provision of the SMMC. Construction Management plan 81. A Construction Management Plan per SMMC 8.98.040 shall be prepared by the applicant for approval by the following City departments prior to issuance of a building permit: Public Works, Fire, Community Development, and Police. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall: a. Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; b. Describe how demolition of any existing structures is to be accomplished; c. Indicate where any cranes are to be located for erection/construction; d. Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 566 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 21 e. Set forth the extent and nature of any pile-driving operations; f. Describe the length and number of any tiebacks which must extend under the property of other persons; g. Specify the nature and extent of any dewatering and its effect on any adjacent buildings; h. Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; i. Specify the nature and extent of any helicopter hauling; j. State whether any construction activity beyond normally permitted hours is proposed; k. Describe any proposed construction noise mitigation measures, including measures to limit the duration of idling construction trucks; l. Describe construction-period security measures including any fencing, lighting, and security personnel; m. Provide a grading and drainage plan; n. Provide a construction-period parking plan which shall minimize use of public streets for parking; o. List a designated on-site construction manager; p. Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste; q. Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; and r. Provide a construction period water runoff control plan. VOTE Minor Modification 20ENT-0066 Ayes: Fonda-Bonardi, Fresco, Lambert, Chair Landres, Paster, Raskin, Ries Nays: Abstain: Absent: DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 6.A.c Packet Pg. 567 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for 22 VOTE Conditional Use Permit 19ENT-0250 Ayes: Fonda-Bonardi, Lambert, Chair Landres, Paster, Raskin, Ries Nays: Fresco Abstain: Absent: 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. _____________________________ _____________________________ Shawn Landres, 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. Print Name and Title Date Applicant’s Signature DocuSign Envelope ID: 2C21F3F6-F4F3-492C-9DD9-D1075DAC628F 12/10/2020 Director of Finance and OperationsKen Parr 12/17/2020 6.A.c Packet Pg. 568 Attachment: PC STOA 19ENT-0250 + 20ENT-0066 (438 San Vicente Blvd.) (5012 : Appeal Planning Commission CUP and Modification for Attachment F Project Timeline Carlthorp School 438 San Vicente Boulevard • Conditional Use Permit 19ENT-0250; • Minor Modification 20ENT-0066 and • Appeal 20ENT-0275 Item Date Action 1) June 25, 2019 Conditional Use Permit 19ENT-0250 & Development Review Permit applications 19ENT-0251 filed 2) July 25, 2019 Application deemed complete 3) October 14, 2019 Preliminary Review by Landmark Commission 4) November 6 & 19, 2019 Applicant outreach to the public 5) December 2, 2019 Public Meeting held at Montana Avenue Branch Library 6) March 13, 2020 Development Review Permit 19ENT-0251 withdrawn as proposed project is below square footage threshold 7) March 13, 2020 Minor Modification 20ENT-0066 filed. An error was identified in the survey resulting in a parcel coverage reduction, modifying the request 8) Planning Commission Hearing scheduled for April 15, 2020 Hearing cancelled due to Covid-19 Pandemic 9) Planning Commission Hearing scheduled for May 13, 2020 Hearing continued at the request of staff due to member of the public’s request for more information 10) Planning Commission Hearing scheduled for May 20, 2020 Hearing continued at the request of staff due to complaint filed by member of the public regarding Conditional Use Permit 95-012 conditions of approval 11) June 4, 2020 Complaint Cleared by Code Compliance-no action taken 12) Planning Commission Hearing scheduled for October 21, 2020 Hearing continued at the request of staff due to member of the public request for plans under copyright 13) Planning Commission Hearing November 4, 2020 Planning Commission approved 19CUP-0250 and Minor Modification 20ENT-0275 6.A.d Packet Pg. 569 Attachment: carlthorp time line 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 Item Date Action 14) November 18, 2020 Appellant files timely appeal 15) March 9, 2021 potential City Council hearing Appellant requests more information 16) June 8th 2021 Potential City Council hearing Appellant requests more information 17) July 13, 2021 Potential City Council hearing Staff requests continuance due to scheduling conflict 18) June 18, 2021 Carlthorp 2020-2021 School year ends 19) July 13, 2021 Potential City Council hearing July 13th appeal date rescinded and replaced with the appeal scheduled for July 27th 2021 by Staff. Appellant had agreed to amend the appeal by June 13, 2021. 20) July 27, 2021 Potential City Council hearing Carlthorp School requests continuance due to applicant team scheduling conflict 21) September 28, 2021 Potential City Council hearing Appellant requests continuation due to conflict and will not offer possible alternative hearing date 22) October 26th, 2021 Potential City Council hearing Appellant request more information and will not offer possible alternative hearing date 23) December 7, 2021 Potential City Council Hearing Potential date, offered by Staff along with October 26th, 2021; appellant will not commit to an appeal hearing date 24) February 22, 2022 Potential City Council Hearing Staff confirms appeal hearing date in fairness to all parties; City Council continues this item to March 15, 2022 25) March 15, 2022 Council Hearing continued from 2.22.22 The appellant requests a continuance 26) April 12, 2022 Potential City Council Hearing Continued at the request of City staff 27 May 10, 2022 Potential City Council Hearing 6.A.d Packet Pg. 570 Attachment: carlthorp time line 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 ATTACHMENT E DETAILED RESPONSE TO APPEAL STATEMENT The following provides a response in greater detail to the items listed in the appeal and numbered to correspond with the eight complaint categories identified in the report. Topic Source Appellant Assertion Staff Response 1. Incorrect Plan Exhibits 1A) Upper level exceeds parcel coverage 9.08.030 SMMC Does not comply with Code Staff has confirmed that the parcel coverage complies with Code 2. Violations of CUP 95-012 2A) Operating detrimental to surrounding properties 95CUP-012, condition #25 Excessive light, noise, vehicle queueing, not enough parking, landscaping Code Compliance has investigated and found no violations, took no action and closed the complaint 2B) No further permits should be allowed to be issued due to CUP violations 95CUP-012, condition #31 Applicant is in violation of current permit and therefore no further permits should be issued Consistency of project and operations with CUP approval and conditions has been confirmed by staff with two exceptions; staff recommends amendments to CUP to remedy issues (See 2E and 2F, below) 6.A.e Packet Pg. 571 Attachment: Table of appeal complaints (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 Topic Source Appellant Assertion Staff Response 2C) Existing Landscaping exceeds height limits 95CUP-012, condition #36 Hedges along front and western side of parcel violate height limits; trees along western perimeter are too tall Tree and hedge are separately defined. There is no height limit for trees, hedges consistent with condition #58 blocking views from residence(s) into play field. 2D) Existing plan for pick-up/drop-off does not work 95CUP-012, condition #39 Pick-up and drop off plan is hazardous The existing pick-up and drop-off plan would be amended with current CUP to include a Parking and Loading Operations Plan and procedures for special events 2E) Grass surface replaced without approval 95-012, condition #59 Grass play yard surface was replaced with artificial turf Grass surface was replaced with artificial turf; applicant requests amendment to the condition as part of proposed project 2F) Obstructed clear view through front fence 95-012, condition #61 Clear view through the front fence is not being maintained Applicant requests a condition amendment as part of proposed project. If condition amendment is not approved, applicant must comply with original condition which would require clear view through front fence. 6.A.e Packet Pg. 572 Attachment: Table of appeal complaints (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 Topic Source Appellant Assertion Staff Response 2G) Periodic compliance reports 95-012, condition #62 Applicant has not submitted required compliance reports Periodic compliance reports are/were not required. The condition was satisfied prior to issuance of a building permit. 2H) Inconsistency of prior assertions by applicant regarding student enrollment and number of staff Reference to written or verbal correspondence; not a condition of approval School exceeds staff and student limits The CUP does not limit current staff or student populations; School student and staff population limits proposed with (current) CUP condition 3. Non-Compliance with the Zoning Ordinance 3A) Number of stories 9.08.030 SMMC Project exceeds number of stories and does not comply with Code Staff has confirmed that the number of stories is consistent with Code requirements, proposal is in compliance. 3B) Rear setback incorrect 9.08.030 SMMC D1 and D2 R2 zone “adjoining” R1 zone Staff has confirmed compliance with Code of the rear setback. The R1 parcel is across the alley from the subject property and not adjoining. 6.A.e Packet Pg. 573 Attachment: Table of appeal complaints (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 Topic Source Appellant Assertion Staff Response 3C) Parking for community assembly use Parking SMMC 9.28.060 Additional parking is required for addition of multipurpose room Staff has confirmed compliance; the proposed multipurpose room is not a community assembly use that would require additional parking 3D) Courtyard required Courtyard SMMC 9.08.030 (F) 4&5 Carlthorp School is in violation of the courtyard development requirements As an existing condition, the courtyard is allowed to remain; No additions to the courtyard are proposed that would require compliance with the current courtyard standard 3E) Offices within apartment complaint Apartment being used for school office Code Enforcement has investigated this complaint, found no violation, and took no action 3F) School did not engage in neighborhood outreach encouraged policy School did not engage in proper outreach Both a public meeting and additional outreach were conducted 4. Use of Multipurpose Room 4A) Parking requirement for classroom vs multipurpose room Parking SMMC 9.28.060 Additional parking for the multipurpose room should be required because it will function as a classroom The school/applicant has provided a description of the multipurpose room which clearly states it will not be used as a classroom 6.A.e Packet Pg. 574 Attachment: Table of appeal complaints (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 Topic Source Appellant Assertion Staff Response 5. Procedural Flaws 5A) Application submittal procedures Common Procedures SMMC 9.37 Minor Modification accepted in error Application for the Minor Modification was submitted electronically; email verified and properly submitted. 6. Noise Impacts 6A) Noise and privacy Noise Ordinance SMMC 4.12 Unreasonable noise from the school site Mitigation measures are proposed in CUP conditions #8, #9 and #11 6B) Noise is excessive when windows are open 95-012, condition #49 Replace windows of building to west with sound rated glass The condition of previous CUP was satisfied 6C) Excessive noise 95-012, condition #56 Limit outdoor activity hours Outdoor activity limited with proposed CUP conditions 6D) Excessive noise 95-012, condition #57 Disperse groups of children Outdoor activity limited with proposed CUP conditions 7. Privacy Impacts 7A) Privacy impacts not identified Appeal Statement Intent to amend appeal As of the writing of this staff report , no additional information has been received 8. Access to Information 6.A.e Packet Pg. 575 Attachment: Table of appeal complaints (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 Topic Source Appellant Assertion Staff Response 8A) Documents withheld 95 CUP file and current project; Santa Monica Municipal Code Sections Documents withheld by staff Staff has provided digital and xerox copies of all available documents; some documents from 1995 may not exist 8B) Questions not answered Code Sections, interpretations applicability to plan exhibits Staff refused to answer questions Staff has responded to questions during multiple phone and virtual meetings with multiple staff members; staff has provided written correspondence to comprehensively answer all questions 8C) Premature Planning Commission hearing Applications filed 6/25/2019 (CUP) and 3/13/2020 (Minor Modification) Process is unfair Multiple hearing delays were granted; Planning Commission hearing held on November 4, 2020 8D) Premature City Council hearing Appeal filed November 18, 2020 Staff did not answer questions, therefore appeal statement not amended Multiple hearing delays have been granted; requested appellant to confirm February 22, 2022 appeal hearing date on November 29, 2021 6.A.e Packet Pg. 576 Attachment: Table of appeal complaints (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Appeal 20ENT-0275 of Planning Commission approval of Conditional Use Permit 19ENT- 0250 and Minor Modification 20ENT-0066 to allow a 7,280 sf expansion to Carlthorp School addition and 9,142 sf new rooftop playcourt. 438 San Vicente Boulevard APPLICANT: Carlthorp School/ Ken Parr APPELLANT: Steven Salsberg PROPERTY OWNER: Carlthorp School A public hearing will be held by the City Council to consider the following request: Appeal 20ENT-0275 of the Planning Commission approval of Conditional Use Permit 19ENT-0250 and Minor Modification 20ENT-0066 to allow a 7,280 sf expansion of Carlthorp School adding two elevators, a 4,793 sf below grade multipurpose room, enclosing an 938 sf open lunch area and adding 250 sf of administrative offices. The subject property is located in the R2 (Low Density Residential) zoning district. The Conditional Use Permit is being requested as an amendment to existing Conditional Use Permit 95- 003 allowing a school use in the R2 zone. The minor modification is being requested for the proposed expansion to increase ground floor parcel coverage by 0.29% above the R2 maximum allowable parcel coverage of 45%. The applicant is also requesting a five-year term for the entitlements. The Planning Commission approved the project on November 4, 2020. This item was continued from the February 22, 2022, March 15, 2022, and April 12, 2022 City Council hearings. At the time of the public hearing, the City Council will also be considering compliance with the California Environmental Quality Act. DATE/TIME: TUESDAY, MAY 10, 2022 AT 6:30 PM LOCATION: City Council Chamber, Second Floor, Santa Monica City Hall, 1685 Main Street, Santa Monica, California HOW TO COMMENT: The City of Santa Monica encourages public comment. Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the public hearing via email to councilmtgitems@santamonica.gov or via mail to City Clerk, 1685 Main Street, Room 102, Santa Monica, California 90401. Written public comment submitted before 12:00 p.m. on the day of the meeting will be available for online viewing. All written comments shall be made part of the public record. Please note the agenda item number in the subject line of your written comments. You may also comment in person at the City Council hearing. Please check the agenda for more detailed instructions on how to comment in person. Address your comments to: City Clerk Re: Carlthorp School Appeal/ 20ENT-0275 VIA EMAIL: councilmtgitems@santamonica.gov VIA MAIL: 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION: If you want more information about this project, please contact Gina Szilak at (310) 458-2200 ext 5216, or by e-mail at regina.szilak@santamonica.gov. For disability-related accommodations, please contact the City Clerk’s Office at (310) 458-8211 or (310) 917-6626 TDD at least 72 hours in advance. Every attempt will be made to provide the requested accommodation. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines serve City Hall and the Civic Center area. The Expo Line terminus is located at Colorado Avenue and Fourth Street, and 6.A.f Packet Pg. 577 Attachment: City Council Public Hearing Notice 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 is a short walk to City Hall. Public parking is available in front of City Hall, on Olympic Drive, and in the Civic Center Parking Structure (validation free). Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPAÑOL : Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-2275. 6.A.f Packet Pg. 578 Attachment: City Council Public Hearing Notice 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 1 Vernice Hankins From:Angie Crawford <angie@purpleskullproductions.com> Sent:Sunday, February 13, 2022 10:25 AM To:councilmtgitems Subject:Comment on the Appeal of 20ENT-0275, Carlthorp School Expansion EXTERNAL    Dear Council Members:    The Carlthorp School is a menace to the neighborhood.    * It is very difficult to pull in or pull out of our parking spots if we need to be in the car during pick up or drop off time at the  school.  The people picking up or dropping off children constantly block driveways or the alley behind the school.  The employees of  Carlthorp that should be directing traffic also have no regard for our needs and constantly allow these parents, etc., to do as they  please.    * The "open lunch" area, I believe, is the former parking area for the teachers.  Since they took away this parking, the neighborhood  is now full of cars.  There is very little parking on Georgina, and I can't imagine those neighbors are pleased with this situation.  At a  minimum, the school should be forced to use this space for parking again.    If the school wants more space, the powers that be should look for a new location that will meet their needs, not continually  encroach on the neighbors.  I think all of us in the neighborhood would be pleased if this location were permanently closed, or at a  minimum, only used for office space.  The children should be moved to a location that can support the logistics of student, parent  and teacher needs.    Thank you for your time.    Angie Crawford  416 San Vicente Blvd.    Angie Crawford 310-433-4479 purpleskullproductions.com    California insurance license 4124418   Wow!  Wouldn’t it be neat to listen to Angie’s commercial voiceover demo?     Click here ‐ Angie Crawford Commercial Voiceover Demo   And Mr. Mouse would love for you to check out his band, MouseTrap!   Item 6.A 02/22/22 1 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 579 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 2   Click here ‐ "We Are MouseTrap"   Item 6.A 02/22/22 2 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 580 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins From:Elizabeth Lerer <elerer@elizabethlerer.com> Sent:Monday, February 21, 2022 9:52 PM To:councilmtgitems; Sue Himmelrich; Christine Parra; Phil Brock; Oscar de la Torre; Kristin McCowan; Lana Negrete; Gleam Davis Subject:Item 6-A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd EXTERNAL      Dear Mayor and Councilmembers.    Please help the residents protect the environment of our community, as well as the peace and quiet of our personal  home space.    I'm troubled to learn at this late hour before the hearing that the Community Development/Planning Department is  exempting Carlthorp School expansion from CEQA requirements.      If I had known this earlier, I could have prepared better. I could have researched and contacted some people who know  a lot about this and who could have helped and educated me and to prepare for the hearing and in my making  comments.    The expansion plans of Carlthorp School will move beyond their property line, and by way of sound and lights, invade  the peace and quiet of our homes. Carlthorp is fortifying the windows of their own classrooms. Neighbors in the older  Historic District apartment buildings, do not have this option.     Please uphold the appeal.     Thank you,    Elizabeth Lerer  Resident on San Vicente      Item 6.A 02/22/22 3 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 581 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 2 Vernice Hankins From:Douglas Brian Martin <doug@douglasbrianmartin.us> Sent:Monday, February 21, 2022 9:36 PM To:councilmtgitems Cc:Sue Himmelrich; Christine Parra; Phil Brock; Oscar de la Torre; Kristin McCowan; Lana Negrete; Gleam Davis Subject:Item 6-A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd EXTERNAL    Honorable City Council Members, Citizens of Santa Monica, NBC, ABC, CBS, SMDP, CNN, LAT, NYT,  Before you is the issue of whether to allow a private entity run for profit – Carlthorp School – the ability to lower the  standard of living for citizens of Santa Monica and negatively impact an Historic District by engaging in a scheme to  enlarge the school in a comically tragic manner while gaining concessions from the city that will negatively impact  residents. This scheme also includes a request for Carlthorp School TO TAKE OVER PUBLIC STREETS AND CONTROL  TRAFFIC. This is nonsense and must be stopped.  Carlthorp School, represented in this issue by wealthy insiders with close connections to Santa Monica government, has  presented various departments of Santa Monica government with shoddy presentations including inaccurate plans,  incomplete audio reports, an attempt to rewrite the dictionary while defying common sense, and most troubling of all,  ‘testimonials’ by children to get passage of an expansion scheme.  Carlthorp School has no defense for the flaws in the plans submitted in this scheme and instead has cruelly trundled out  schoolchildren giving testimonials as a diversion to stop critical discussion. Carlthorp School and its wealthy insiders  should be ashamed of themselves. Perhaps profits to be realized balance out the shame. To them.  To be clear, I am not anti‐school. I have no gripe with Carlthorp School as it stands at this time. I do have an issue with  plans that are deceptive, including the construction of a large classroom identified as a multi‐purpose room so skirt  regulations for providing parking for the School’s expanding staff.  Carlthorp School is willing to spend millions of dollars for this flawed deceptive expansion scheme yet doesn’t want to  spend a nickel on providing parking for staff that currently clogs our streets during school hours. Parking for school staff  that is required by law that Carlthorp School was granted a variance for on the condition it would not increase staff.  Carlthorp School has increased staff in spite of agreeing not to. Carlthorp School, by its own actions, has proven IT WILL  NOT ABIDE BY AGREEMENTS WITH THE CITY.  Failure to abide by these agreements alone should halt this flawed expansion plan. Yet the city has agreed to allow  Carlthorp School to continue with the scheme WITH AN EXEMPTION TO CEQA REQUIREMENTS. THIS SMELLS LIKE  FISHERMAN’S WHARF AT MIDNIGHT.  It appears the city and its planning departments are acting in the interest of a private school over the interest of the  citizens of Santa Monica. This is wrong ethically, morally, and probably legally.  City planning employees have turned a blind eye to Carlthorp School failing to operate in accordance with agreements  regarding parking and staff. This not only gives the impression of incompetence – as if planning departments don’t have  the skill or ability to critically review plans – as well as possible corruption in allowing this project to move forward. The  Item 6.A 02/22/22 4 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 582 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 3 egregious lack of attention to the large classroom in the scheme not defined as a classroom would raise a red flag –  EXCEPT IN SANTA MONICA WHEN WELL CONNECTED INSIDERS ARE INVOLVED.  This expansion scheme should be seen by what it is – a clumsy attempt to move aside community standards FOR PROFIT  at the expense of the citizens of Santa Monica as well as an Historic District. The scheme includes, among other  miserable features, high‐powered ultra bright security lighting that will result in a prison like atmosphere in the midst of  a quiet, dimly lit residential neighborhood. This is unacceptable for anybody in the neighborhood and an insult to  residents by government employees of the city paid to protect the interests of the citizens of Santa Monica, not private  entities.  OVER 70 HOUSEHOLDS SIGNED PETITIONS requesting the nonsensical scheme submitted by Carlthorp School be revised  to conform to community standards. The City planning departs and commissions IGNORED THE WILL OF THE PEOPLE and  approved the plans WITH NO REVISION.  Carlthorp School has in the recent past made agreements to limit staff size and student body size. Carlthorp has not  lived up to that agreement, almost doubling its staff and increasing student body.  I am disappointed by the presented flawed deceptive expansion scheme to destroy the peace and quiet of my  neighborhood for a requested five years. One day of this scheme being put into motion is one day too much. I am very  disappointed by the planning departments and commissions that approved this monstrosity of a scheme.  CITY COUNCIL MEMBERS ‐ please stop this project once and for all until it has been revised to meet community  standards. The public is paying attention to this issue. This is news. Do the right thing, morally, ethically, and legally and  stop this nonsense.  Thank you  Douglas Brian Martin, San Vicente Blvd, Santa Monica.                 Item 6.A 02/22/22 5 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 583 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 4 Vernice Hankins From:Keira Wheeler <keirawheeler12@gmail.com> Sent:Monday, February 21, 2022 9:20 PM To:councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre Cc:David Martin; Regina Szilak Subject:Student Support for the Carlthorp Master Plan EXTERNAL    Dear Santa Monica City Council Members,    My name is Keira Wheeler, and I am a 4th grader at Carlthorp School. I have been at Carlthorp for almost two years now.  I love the school, have made many wonderful friends, and have learned and accomplished a lot during this short period  of time. I have been elected Student Council representative for my class multiple times, and I am excited to represent  my school and my classmates. The school, including the students and teachers, is filled with kind and courteous people  who always think of others and their community.    I was born in Santa Monica and have lived here since then. My family, including my mother and grandparents, have  been living in Santa Monica for over 45 years. I think Santa Monica is a great place to live! We are so close to the beach  where I like to bike and play volleyball, we have nice parks where I play tennis, and there are lots of pretty hiking trails  nearby.    During my years at Carlthorp, I have had many special experiences that will help me throughout my lifetime. I am proud  to be a Girl Scout with many of my classmates. As a Girl Scout, my troop and I do fun activities to help the community  around us. This year, we are selling Girl Scout cookies. We plan to donate all our proceeds to the Upward Bound House  charity in Santa Monica, supporting numerous families and individuals who do not have homes.    Although my years at Carlthorp have been wonderful, I think the school would be even better under the proposed plans  to remodel the school. As a member of the school volleyball and basketball teams, I would be very excited to have a new  rooftop court for practices and games. A larger play space would help me and my classmates stay healthy and active  throughout the day.    I have been playing piano for over five years, performing in many recitals, festivals and examinations. I also love to sing  and act in musical theater. I have been in plays including Hamilton, Grease, Frozen, Little Mermaid, and Beauty and the  Beast. A new multipurpose room would give me and my friends more space to perform and explore our creative  interests.    These changes would make Carlthorp School an even better place. I feel so grateful to be part of Carlthorp School and  the Santa Monica community. Thank you so much for your time.      Sincerely,    Keira Wheeler  4th Grader, Carlthorp School  Item 6.A 02/22/22 6 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 584 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins From:Christian Granzow <cgranzow1@gmail.com> Sent:Monday, February 14, 2022 8:57 AM To:councilmtgitems Cc:Regina Szilak Subject:Appeal 20ENT-0275 of Planning Commission - Carlthorp School - 2/22/22 Attachments:Carlthorp.SMPlanningDiv.Letter.Appeal.2-11-22.pdf; Carlthorp.SMPlanningDiv.Letter.5-18-20.pdf; Carlthorp.SMPlanningDiv.PastLetters.5-18-20.pdf EXTERNAL    Dear Planning Commission,    I have attached our latest letter voicing our opposition to the Santa Monica Planning Commission’s Appeal review of  Carlthorp School 438 San Vicente Blvd., Conditional Use Permit and Minor Modification 19ENT‐0250, 20ENT‐0066  hearing scheduled remotely for February 22, 2022    Please find the following attachments for submission:   1. Our Letter & Comment to the Planning Commission regarding Carlthrop’s Appel request 2‐11‐22  2. Our Letter & Comment to the Planning Commission regarding Carlthorp's initial request/s 5‐18‐20.  3. Previous letters and documentation to be included with our letter, noted, and reviewed for the record.    Thank you!    Sincerely,    Christian Granzow  407 Georgina Avenue  Santa Monica, CA 90402  P (310) 451‐2131  E cgranzow1@gmail.com     Item 6.A 02/22/22 7 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 585 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins From:Richard Michaelsen <richmichaelsen@gmail.com> Sent:Wednesday, February 16, 2022 11:39 AM To:councilmtgitems Subject:Appeal 20ENT-0275 Calthorp School Expansion EXTERNAL    Greetings    We have lived across the street from the subject property for over a decade and oppose any expansion of the Calthorp  School.    The noise of screaming children and staff using amplification devices to direct student activities in the current, ground‐ level, outdoor play areas, is very loud and disturbing.    Creating a rooftop area will add substantially to the transmission of sound throughout the surrounding  neighborhood.  This kind of expansion is not permitted in R2 Residential areas for a reason.    In addition, any expansion that allows more students to attend will create an even more difficult traffic jam situation  than already occurs daily when students are dropped off and picked up, as their parents and nannies line up in their cars  for long periods of time along the roadside on the neighboring streets.    Please do not allow this to happen.    Thank you,    Michaelsen Household        Item 6.A 02/22/22 8 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 586 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins From:Douglas Brian Martin <doug@douglasbrianmartin.us> Sent:Friday, February 18, 2022 3:06 PM To:councilmtgitems Subject:TUESDAY 22 FEBRUARY 2022 - ITEM 6A - Carlthorp Expansion Attachments:Carlthorp 70+ opposition forms 2.18.2022.zip EXTERNAL    City Council Members,    There is much opposition to Carlthorp Expansion plans an green lighting of said plans by City Panning departments in  spite of submission by Carlthorp of shoddy plans, incomplete audio report, attempt to redefine what a classroom is,  Carlthorp history of failing to adhere to previous operational agreements with city such as parking and staff size.     This is a rip off for residents and will reflect badly on any council members who approve plans.    Greenlighting this expansion plan is an example of the City allowing a well connected insider entity to run roughshod  over community standards.     Community standards were created to protect citizens and residents from greed and avarice ‐ Carlthorp, if history is any  guide, will not only ignore standards but will greatly impact and lower the standard of living for residents. All with the  approval of the city council.    The City Council decision on this issue will be part of a public record and will be reported to news services ‐ virtual as  well as traditional. The city council will have to answer how approval can be made in spite of above mentioned issues.    Please find attached folder containing over 70 neighborhood household signatures opposed to proposed Carlthorp  Expansion Plans ignored by the Planning Commission and Planning department when they approved this very flawed  expansion scheme.    I urge council members to review these opposition documents as well as shoddy nonsense plans and stop this expansion  plan until it can be revised into a form acceptable to residents, community standards, and common sense.    Douglas Brian Martin  437C San Vicente Blvd  Santa Monica, Calif 90402    Item 6.A 02/22/22 9 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 587 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins From:Danielle Charney <shineshuge@gmail.com> Sent:Saturday, February 19, 2022 5:45 PM To:councilmtgitems; Clerk Mailbox; David White Subject:Item 6-A.. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd EXTERNAL        Item # 6A Appeal of Planning Commission Approval of  Conditional Use Permit and Minor Modification for Expansion  of Carlthorp School, 438 San Vicente Blvd    We are requesting that the City Council uphold the appeal of  the Planning Commission’s approval of Conditional Use Permit  19 ENT‐0250.    Carlthorp School wants to increase its campus by almost 15,000  SQUARE FEET. Their plan includes a 65’ x 75’ UNDERGROUND  BUNKER and a 125 foot long X 30 foot tall ELEVATED  PLAYGROUND that will reverberate playground & ball game  noises into homes on San Vicente Blvd. and Georgina Ave.   This 15,000sf expansion has been termed ‘minor’ by City Hall!  The underground bunker, identified as a multi‐purpose room,  has been classified as ‘not a classroom’ ‐ used by students  receiving instructions from teachers yet "not a classroom" How  tricky.how slick.. If defined as a classroom expansion plans  would have to provide additional parking. Which they do not.  Labeling a classroom as not a classroom is consistent with the  dishonesty of presentation in the expansion plans. City Hall has  chosen to go along with this fraudulent scheme. Again. AT THE  Item 6.A 02/22/22 10 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 588 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 2 NEIGHBOORHOOD’S EXPENSE. The same City Hall that through  poor similar nonsense decisions have destroyed the peace and  quiet of the rest of Santa Monica. The same City Hall that is  approving EVEN MORE construction to clog our streets. This is  greed and stupidity and corruption with the citizens as the  losers ‐ an attempt to skirt regulations designed to protect the  quality of our lives. We stopped this before, now we must do it  again.   After withdrawing plans due to community outrage, Carlthorp  has re‐submitted UNCHANGED PLANS with a letter from a paid  ‘sound’ consultant stating they ‘believe’ the 8 foot tall wall will  block sounds from an over 10 foot tall basketball backboard.  Common sense tell us these claims are nonsense. City Hall  ignores common sense. This attempt to ignore our community  standards and ram through plans unchanged through a lame  duck City Council is corrupt and hateful.   This is wrong ‐will ruin this area for the residents and needs to  be revisited.   I  oppose the current expansion plan for the Carlthorp School as  it is currently configured and request further review and  revision of the plan prior to approval. Re‐submission of the  plans unchanged since May 2020, despite community  opposition, is unprofessional, sneaky and wrong.  The Plan as drawn will have a negative effect on quality of life  in a residential neighborhood. We request revision to plan to  address issues including abatement of noise from the 125 foot  long ‐ elevated playground, lack of adequate on site parking for  school staff, and a realistic definition of what is now labeled as  a multi purpose room for what it is ‐ a classroom.   Please vote to uphold this appeal.  Item 6.A 02/22/22 11 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 589 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 3   Thank you,   Danielle Charney   Resident Since 1982     Item 6.A 02/22/22 12 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 590 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins From:Miller Levin <miller.levin@gmail.com> Sent:Sunday, February 20, 2022 10:11 PM To:councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre Cc:David Martin; Regina Szilak Subject:Student support for Carlthorp School plan EXTERNAL    Dear Mayor Himmelrich and City Councilmembers,    My name is Miller Levin and I am a sixth grader at Carlthorp School. I am writing in support of the additions proposed in the school’s Master Plan.   Carlthorp is an amazing place to develop as a person, athlete and friend. I have been very fortunate to spend my elementary years at Carlthorp, and this school has been essential to my success in life so far. The Carlthorp community is tight-knit, where teachers, students, and staff all care about each other and lead each other to success. As a sixth grader, one of the best ways I can give back to Carlthorp is by representing the school and helping to explain why these proposals are critical to its future.   I have participated in several Carlthorp plays and musicals over the years, including Matilda by Roald Dahl, The Lion King, and Willy Wonka Jr. My classmates and I have also performed at least once each year in front of our families for key events, such as the school’s traditional Heritage Night. These were staged in our multipurpose room, where we sometimes have physical education when it rains, and which we also use for a music classroom. It is a basement with low ceilings, and the acoustics, seating and lighting are incredibly poor. Carlthorp really needs an auditorium, and the school’s proposal would solve this problem.  I am also an athlete, and I have played on Carlthorp’s basketball and flag football teams since fourth grade. Carlthorp has a relatively small campus, and there isn’t much space to play or practice outdoors. Being able to move our bodies and be more physically active throughout the day helps children achieve more athletic and academic success. Our outdoor playspace is crowded, and having extra room to get exercise and move around would improve the quality of our days at school.   Our lunch tables are all outdoors, which means that when it rains or gets too hot at school, we have to eat inside our classrooms at our desks. This can feel claustrophobic and is always a hassle, both for children and teachers.   These proposals are an important next step for Carlthorp, and they are the result of lots of careful planning. I would like to ask you to follow the staff recommendation and allow our plan to move ahead, so Carlthorp’s students can benefit from a healthier, more appropriate educational environment.   Thank you for your time.    Sincerely,  Miller Levin     Item 6.A 02/22/22 13 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 591 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins From:Archer Aguilar <archeraguilar100@gmail.com> Sent:Monday, February 21, 2022 1:50 PM To:councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre Cc:David Martin; Regina Szilak Subject:Support for Item 6-A EXTERNAL    Dear City Council,             My name is Archer Aguilar. I am a student of Carlthorp School in fifth grade, and a member of the Student Council. I  love the Carlthorp campus and what it provides, and I loved the days of playing with my now 8th grade brother on the  field. However, I always felt as if there was something missing from the experience of Carlthorp's playground.  And that  is why we are here today, asking you to approve our school’s new Master Plan.           The new Master Plan adds a whole new level of fun for the upcoming generation of students including an  auditorium connected to the Multipurpose Room, a new admissions wing above the blue lunch tables, and an additional  playspace atop the 2nd floor through the Science Lab wing of the school.                  This additional space for students to use their energy would bring joy to students who might feel cramped on  the current campus playground. Even though these renovations would not be completed during my time at Carlthorp, I  want to further sweeten the experience for the next wave of Carlthorp students.           Please support our school's and students' decision to renovate the campus by voting yes to our new Master Plan.  Thank you!         Archer Aguilar    Class of 2023    Item 6.A 02/22/22 14 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 592 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins From:Susan Yun Lee <susan.yun@gmail.com> Sent:Monday, February 21, 2022 3:21 PM To:councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Lana Negrete; Sue Himmelrich; Kristin McCowan; Oscar de la Torre Cc:David Martin; Regina Szilak Subject:Student support for the Carlthorp Plan EXTERNAL    Hello, please see below an email from my son, Jason Lee, a current 4th grade student at Carlthorp School in support for  the Carlthorp plan.    Best,  Susan Lee      My name is Jason Lee. I am 10 years old and in fourth grade. I love Carlthorp School because of the teachers, classes, and fun time with my friends. My favorite subjects in school are math, reading, and current news events. I also love playing sports for Carlthorp. I play football, basketball, and soccer.   The teachers at Carlthorp are so kind, encouraging, and helpful. They make it worthwhile to spend my time at Carlthorp. My current teachers are Mr. Burwick and Ms. Schwarts. They are both amazing teachers, and they help me so much.   Carlthorp is an amazing school. The school is special because of the Code of Conduct, which emphasizes kindness, good citizenship, and community service. Our students are growing to be the next leaders in the community.  Sadly, sometimes there are issues because of the limited amount of space we have in the campus. I love playing sports, but the playground that we can play in is sometimes too small for some of these games. I was playing four square the other day, and I bumped into my friend because there wasn’t enough space! It would be most helpful for you to allow us to improve our playground area.   Another reason why allowing Carlthorp to improve their campus is because the multipurpose room is too small for the whole school. I know this because when I performed for the Talent Show in the MPR, the room was so crowded that I couldn't see my parents cheering me on. They were actually in the outside hallway. I got really nervous and didn’t want to perform. My little sister is in the talent show this year. I hope there is enough room for my parents to see her act.   It would also be so helpful if our lunch area was covered so that we could use it even if the weather is not great. Right now, we are eating lunch in the parking lot. Carlthorp has done a good job of trying to make it a good space, but it’s still a parking lot.   Compared to other similar schools, our campus is dramatically smaller. It would be very helpful to the students of Carlthorp for you to let us improve our campus so we Item 6.A 02/22/22 15 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 593 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 2 can make better use of the space that we have. The impact to the students, larger community, and the future would be huge. So please, please, let us improve our campus to benefit the students and the community!     Sincerely,   Jason Lee  Item 6.A 02/22/22 16 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 594 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins From:Audrey Lohara <audreylohara@icloud.com> Sent:Monday, February 21, 2022 8:55 PM To:councilmtgitems; Phil Brock; Sue Himmelrich; Kristin McCowan; Oscar de la Torre; Christine Parra; Lana Negrete; Gleam Davis Cc:David Martin; Regina Szilak Subject:Student Support for the Carlthorp plan (Item 6-A) EXTERNAL  Dear Mayor Himmelrich and Distinguished Members of the City Council, My name is Audrey Lohara, and I am a sixth grade student at Carlthorp. I have been a Carlthorp student since 2015 and the school has been integral to my growth and development scholastically, socially, and as a person. I have been so grateful for the opportunity to attend Carlthorp School and hope to share with you what I feel makes Carlthorp such a special place and what it has meant to me.  It has been a privilege to be a part of a warm and intimate school community that provides the best academics, the best teachers, and the best activities to create a well-rounded experience. I started Kindergarten as a shy and curious child and Carlthorp has helped me to find and use my voice confidently. Over the years, I have participated in student council, I was one of the leads in the school’s 'Alice in Wonderland' production, I have played on the girls' volleyball and basketball teams, I have been on the debate team and I am the editor in chief of the literary magazine. Thanks to Carlthorp, I have gained important skills in leadership, a strong work ethic, and responsibility that will help me for the rest of my life. Without a doubt, I can confidently say that Carlthorp has prepared me with the best foundation for future success.  I feel that the proposed enhancements to the campus would update and improve the school for years to come, especially a genuine multipurpose room and a brand new, expanded playing field. Having another multipurpose room at Carlthorp would allow the school to host more theatrical and musical performances and give more space to families and guests who could attend in comfort. Also, a multipurpose room would benefit student assemblies, gatherings, and other significant school capacities. Numerous other public and private schools in Santa Monica have multipurpose rooms or halls, so I think that Carlthorp should have one as well.  Another play space at Carlthorp would greatly help the students and school community. A bigger play space would assist students with pursuing their athletic interests and create plenty of room for multiple sports to be played at once. I know from individual experience how challenging it is when students on the yard want to partake in various sports like volleyball, basketball, and football, yet there simply isn't enough room to accommodate everyone. A bigger playspace would permit all students to participate in their preferred game or movement. Having adequate outdoor space would also help to prevent mishaps and accidents with less crowding. The new play space would also encourage students to get more exercise, take needed breaks outside, and promote lifelong fitness.  As I am getting ready to graduate, I am thankful for all that Carlthorp has provided me - a strong educational foundation and some of my happiest elementary school memories. What I want most is to see the school’s continued success for future years. The proposed improvements to Carlthorp School will enhance a greater feeling of community spirit, provide a more secure climate for all, and permit students to pursue their interests and thrive.  Thank you for your time and consideration.  Respectfully,   Audrey Lohara  `  Item 6.A 02/22/22 17 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 595 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 18 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 596 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 19 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 597 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 20 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 598 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 21 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 599 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 22 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 600 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 23 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 601 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 24 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 602 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 25 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 603 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 26 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 604 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 27 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 605 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 28 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 606 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) (310) 451-3669 February 19, 2022 VIA E-MAIL Santa Monica City Council 1685 Main Street, Room 209 Santa Monica, California 90401 Re: Elementary School Campus Facility Improvements Owner/Applicant: Carlthorp School (our client) Approved Applications: CUP 19ENT-0250 & Minor Mod. 20ENT-0066 Address: 424-438 San Vicente Boulevard Appeal No. 20ENT-0275 Appellant: Steven Salsberg Our File No. 22270.003 Dear Councilmembers: This letter is submitted on behalf of Carlthorp School, a non-profit charitable educational organization. I am writing in support of the Staff recommendation that the City Council deny Appeal 20ENT-0275 and adopt the Statement of Official Action (with all of its 81 conditions of approval). Carlthorp is a longtime K-6 elementary school in Santa Monica. On November 4, 2020, the Planning Commission--on 7-0 and 6-1 votes--approved a Minor Modification (for miniscule added parcel coverage) and CUP Amendment to authorize certain campus facility improvements on the existing school campus. The approval allows:  innovative expansion of student outdoor play area without expanding the land area (by adding a roof deck at the rear along the alley),  enclosing an outdoor lunch area (which will reduce lunchtime noise),  establishment of a subterranean multi-purpose room in the basement (underground acoustics will avoid any noise in the neighborhood) specifically kutcher@hlkklaw.com Agenda Item 6-A Item 6.A 02/22/22 29 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 607 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Santa Monica City Council February 19, 2022 Page 2 designed for school performances/presentations (not for classroom instruction1), and  needed school administration offices to be built above the newly enclosed lunchroom. One of the adjacent neighbors filed this appeal. The appeal hearing is a quasi- judicial proceeding governed by Zoning Ordinance Chapters 9.41 and 9.43, as well as Zoning Ordinance Section 9.37.130. Carlthorp is entitled to a fair hearing and a decision based on the evidentiary record. In voting to approve these applications, Commissioner Fonda-Bonardi thoughtfully explained: One of the reasons I'm approving this . . . is that this is an attempt to do more with less. The fact that they're building stuff underground is very expensive. The fact that they're putting stuff up in the air; they're using a roof in a very active way. That's part of our general ecological approach to things, trying to do more with less. Otherwise, we need to spread out more and more and more and more. We're beyond that point. So, this is kind of trying to fit in as tight as we can and mitigate the impacts. That's what this is about. Do more with less, but mitigate the effects on everybody around it. The approved permits will not expand student enrollment, will not add any new classrooms, will not increase school functions, and will not increase the size of the faculty. None of the existing buildings is being demolished--the subterranean performance room will be excavated beneath the outdoor playfield. A minor modification is needed for merely 135 sf of extra lot coverage in the R2 zone (i.e., 45.29% as compared with 45%). (SMMC § 9.43.020(B)(3).) The existing parking, classrooms, student enrollment, playfield, and building design were approved in 1996 (DRP 95-003; CUP 95-012; Variance 95-022) when the size of the campus was expanded onto the adjoining lot (after the 1994 Northridge Earthquake resulted in the demolition of an apartment building that was red-tagged). As an outgrowth of that expansion, Carlthorp School funded the installation of double- paned windows in the Coral Gables apartment building next to the School’s new 1 There will remain an existing multi-purpose room used for classroom instruction purposes. Item 6.A 02/22/22 30 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 608 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Santa Monica City Council February 19, 2022 Page 3 playfield. Those apartments continue to be protected by double-paned windows. The appellant resides in one of those apartments. New Roof Deck Play Court. We all are keenly aware of the benefits of outdoor play space at schools for our youth. To help minimize sounds of school children playing on the new roof deck, the deck will be encircled with an 8’ tall parapet wall for the neighbors. The height of the parapet wall does not exceed the 30’ height limit for the R2 zoning district. And consistent with the Zoning Ordinance, there will be netting installed above the parapet wall to catch stray balls. To evaluate the effectiveness of the parapet wall’s sound attenuation, an extremely well-qualified acoustics engineering firm (http://www.veneklasen.com/)2 has calculated the potential acoustical impact of the outdoor roof deck to ensure that the school use will not exceed the Noise Ordinance sound limits for residential zones. (SMMC § 4.12.060.) A copy of Veneklasen’s acoustical report is attached to the Staff Report. There is no acoustic study that contradicts or challenges Veneklasen’s professional report. New Underground Multi-Purpose Room. Carlthorp School’s new Multipurpose Room, as the name implies, is a room to be used for various functions that will benefit students, faculty/staff, and parents. From September through June (the academic school year), it will serve the following non-classroom purposes:   Musicals  Student art exhibits  Indoor play area on rainy days  Indoor climbing wall for PE  Student dismissal staging area on “rainy days”  Faculty and staff meetings  Kindergarten graduation 2 Founded in 1947, Veneklasen Associates is one of the largest acoustical consulting firms in the United States. Their technical expertise has been developed through the design of thousands of buildings worldwide, including for civic and governmental agencies, courthouses and public safety, education (K-12, colleges and universities), transportation (including airports and rail), museums and cultural centers, hotels/resorts, studios and entertainment, residential, medical/hospitals, places of worship, etc. They are imminently qualified in this field of expertise. Item 6.A 02/22/22 31 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 609 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Santa Monica City Council February 19, 2022 Page 4  Talent show  Special guest speakers for school-wide assemblies  Parent meetings  CPR training for employees  Professional development for faculty  Meeting space for small groups  After-school clubs  Assembling area for community service events  Orchestra practices  Theatrical practice and performances The availability of school auditorium/presentation space in this new subterranean room has become increasingly important to Carlthorp as the School’s enhanced extra- curricular programs and educational presentations continue to evolve. Currently, Carlthorp’s smaller existing MPR only accommodates a limited number of students at any one time and therefore functions more like a classroom and counts as a classroom for purposes of parking calculations. With the new Multipurpose Room, Carlthorp will continue to host the same school performances and activities on its campus, but in quarters better suited for such presentations. The new Multipurpose Room will not have any impact on the quantity of either the students or faculty attending school, while accomplishing much needed flexibility for extra-curricular scheduling across all grade- levels. The new Multipurpose Room will realize a more functional presentation layout, and will not resemble a classroom. The existing multipurpose classroom used for such presentations is not configured for viewing school plays, theatrical performances and other similar presentations. With children as young as six years old performing in the existing room, it is difficult for parents in the back of the room to see all of the children. When the new Multipurpose Room is built, the school will finally have a proper setting for conducting school performances, assemblies and multi-grade level activities. THE PLANNING COMMISSION DID ITS JOB WELL AND PROTECTED THE NEIGHBORHOOD Commissioner Paster correctly explained that approving the Carlthorp applications allows the City to impose more protections for the surrounding residential neighborhood around this elementary school that has remained in this location for 80 years: I hope that the neighbors appreciate that what Ken [Kutcher] said was right, which is that you are better off having these Item 6.A 02/22/22 32 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 610 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Santa Monica City Council February 19, 2022 Page 5 conditions documented in this CUP. That makes them more enforceable and holds them more accountable. And I hope [everyone] appreciate[s] that. Indeed, to protect the neighborhood, the Planning Commission imposed 81 conditions of approval, including: The School’s maximum student enrollment is capped at 280 children (i.e., generally 40 students per grade). (Condition 4) 32 bicycle parking spaces must be provided on campus. (Condition 7) Non-school activities are prohibited on the campus. (Condition 4) The new underground multipurpose room is to be used as a performance space and may not be used as simply another classroom. (Condition 17) The 8’ tall parapet wall around the roof deck must be solid/ non- transparent on the west and east ends to protect the privacy of the residential neighbors. (Condition 18) Decorative murals, artwork or architectural details should be explored with the ARB for the parapet wall enclosing the playcourt, especially on the south facing wall. (Condition 18) Any lighting installed for the rooftop playcourt must be shielded so as not to produce spillover onto adjacent properties, and such rooftop lighting must be turned off when the play court is not in use. (Condition 18) The School is limited to no more than 18 Special School Events, and no more than 6 Special School Events can occur after school hours without the Planning Director’s approval. (Condition 4) All invitations for Special School Events at the School must encourage walking, biking, ridesharing and use of public transportation. (Condition 6) Valet parking (for cars and bicycles) must be provided for any Special School Event expected to draw more than 150 vehicles (probably once or twice a year: Grandparents Day and possibly graduation). Valet parking must only use one side of the street. (Condition 6) Item 6.A 02/22/22 33 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 611 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Santa Monica City Council February 19, 2022 Page 6 A Parking and Loading Operations Plan (“PLOP”) for the School must be submitted to the City Mobility Division for review and approval. (Condition 5) The School’s outdoor speakers are to be used primarily for emergency purposes, as well as the daily morning assembly. (Condition 9) The outdoor speakers facing the Goral Gable apartment building will be removed as a result of enclosing the lunch area. (Condition 8) The outdoor speakers will no longer be used for afternoon student pickup; instead, walkie talkies will be used to coordinate student departures. (Condition 10) Another sound study will be done as soon as the new rooftop play court is constructed and in use. If the new sound measurements are greater than expected, additional sound protection measures will be implemented. (Condition 11) The School will be required to abide by a Transportation Demand Management Plan approved by the City. (Condition 16) A Construction Management Plan that includes outreach to area residents and commuters must be reviewed and approved by the City. (Condition 14) Without violating fire and building codes, the exterior stairwell along the west elevation would be best if it can be screened with a green wall/landscaping. (Condition 19) A neighborhood liaison will be designated to address any neighborhood concerns related to the school. The liaison’s contact information will be distributed to residents within a 300’ radius as soon as the rooftop play court is finished and annually thereafter. (Condition 12) Commissioner Paster also pointed out the benefits to everyone of Condition 12 in particular: And I do really want to encourage that the person who is the [School’s] new community liaison rep, that the neighbors reach out to that person, that they express their concerns Item 6.A 02/22/22 34 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 612 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Santa Monica City Council February 19, 2022 Page 7 and open the lines of communication and really try to get the things fixed that you have [any future] problems with. Without the project approvals, these neighborhood protections will not be in place for this existing school. We urge the City Council to affirm the Planning Commission approval and deny the lone appeal. OVERARCHING PRINCIPLES OF CARLTHORP SCHOOL Carlthorp School is a longstanding educational institution in this community. Carlthorp School is invested in instilling lifelong core values in its students. Carlthorp School’s approach to student education is imbedded in its mission statement: Mission Statement Carlthorp School provides a strong academic foundation in a diverse and nurturing school community that emphasizes respectful values, responsible work habits, and excellence in order to prepare our students to achieve their highest potential in education and life. https://www.carlthorp.org/about-us/about-carlthorp Carlthorp is also fully committed to the importance of diversity, equity and inclusion: Diversity, equity, and inclusion rests in every aspect of our community and institution and is the perfect space for our students to learn how to navigate the world beyond Carlthorp. No matter who you are, it doesn’t happen without each member of our community. We actively seek opportunities for our community to join us in openly sharing their authentic self and the experiences they bring that will continue to make our school a beautiful and diverse place where everyone belongs. https://www.carlthorp.org/school-life/diversity-equity-and-inclusion NEIGHBORHOOD CONCERNS HAVE BEEN THOROUGHLY ADDRESSED The Planning Commission did its best to address concerns and objections raised by public comments. Concerns that have been expressed are almost exclusively related to noise, parking, traffic, and special events. Those concerns will be addressed by the following: Item 6.A 02/22/22 35 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 613 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Santa Monica City Council February 19, 2022 Page 8 A. Noise. Concerns were raised regarding anticipated sound of students using the outdoor play space on the rooftop along the rear alley. Carlthorp and its architect and acoustics consultant has taken special care to minimize the sound that would otherwise travel to the neighboring properties. The primary protection will be encircling the rooftop play court on all four sides by a solid, noise-blocking parapet wall of at least 8 feet in height. This solid perimeter wall is akin to the concrete block wall along the west side of the School’s outdoor playfield. Additionally, the surface of the play court on the roof will be composed of noise- attenuating material (such as a durable rubber surface), and padding will be installed underneath the play court surface to further absorb noise and vibration. This absorption surface is akin to the School’s artificial turf ground level playfield. These physical attributes are being implemented to address concerns related to noise. Also, the roof deck has been located at the rear of the property along the alley. And given that the size of the student body will not be increasing, the addition of this outdoor space will disperse the students across more outdoor space, thereby reducing the concentration of their sounds of play and outdoor communication. This will be of overall benefit to the residential neighbors, consistent with the dictates of the Planning Commission’s 1995 conditions of approval #57: 57. The project applicant shall disperse play groups as much as possible to disperse noise sources. With these measures, a professional noise impact assessment conducted by the acoustical consulting firm Veneklasen Associates concluded that: Based on study, with such a perimeter wall, the noise levels predicted for the rooftop play court area will not exceed the noise limits of Santa Monica Noise Ordinance at all sensitive receptor residential locations. In Veneklasen’s professional opinion the incorporation of a barrier that is 8 feet tall will ensure full compliance with the residential limits imposed by the Santa Monica Noise Ordinance. (Veneklasen Report, p. 7.) Furthermore, in approving the outdoor roof deck play court, the Planning Commission imposed Condition 11 requiring the School to obtain a second acoustical study once the play court is completed and in use to confirm the conclusions of the original study and provide additional noise mitigation if the conclusions turn out to be Item 6.A 02/22/22 36 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 614 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Santa Monica City Council February 19, 2022 Page 9 inaccurate. The additional mitigation would need to be proposed within 60 days and implemented within 120 days of the follow-up study. Additionally, in relation to the 1998 expansion of the School campus, Carlthorp has already paid for the installation of noise-blocking dual pane windows at the Coral Gables apartment building immediately to the west of the School Campus. These windows will further help prevent student activity from the play court from disturbing tenants of the building closest to the roof deck. Carlthorp and the professional acoustical engineers are confident that the perimeter parapet wall and absorbent flooring on the School’s roof deck will ensure that student activity on the rear roof deck does not disrupt the surrounding neighborhood, but in the event that noise issues do unexpectedly arise, Carlthorp has made a binding commitment to promptly and thoroughly address them in compliance with Condition 11. B. Parking. Other concerns have focused on street parking in the area immediately surrounding the School. It is important to keep in mind that the School is not demolishing any of its existing buildings. Instead, it is excavating for a basement beneath part of its outdoor playfield, it is enclosing its lunchroom and needed adding administrative office above the enclosed lunchroom, and it is adding an outdoor deck above its rear bank of classrooms. There is no opportunity to add more onsite parking. As Commissioner Fonda-Bonardi noted, the school is doing its best to make productive and efficient use of all of its campus. One of the reasons I'm approving this . . . is that this is an attempt to do more with less . . . That's what this is about. Do more with less, but mitigate the effects on everybody around it. The School has been in this location since 1942. The Planning Commission granted the School a parking variance in 1996. Those facts are not changing. Without rebuilding its entire campus, the School has no ability to add additional onsite parking. Instead, despite not being compelled to do so by the Municipal Code’s Transportation Demand Management (TDM) requirements for developers, the School has worked with the City’s Mobility Division to come up with an enhanced Transportation Demand Management Plan (“TDM”) to reduce its car trips as much as possible. The School’s new TDM plan includes numerous measures intended to reduce the number of employees who travel to campus by car. These measures include incentive programs that will be implemented at considerable expense to the School. The Item 6.A 02/22/22 37 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 615 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Santa Monica City Council February 19, 2022 Page 10 TDM plan will reduce employee car travel by requiring the school to provide the following:  Free transit passes for School employees  A local hiring program  A parking cash-out payment for School employees who do not drive cars  A 2.0 average vehicle ridership (AVR) target for school employees (instead of the current 1.6)  Transportation information and orientations for new employees  32 bicycle parking spaces  Lockers/shower for school employees  Emergency rides home for employees who bike to work in the event of inclement weather  Bike repair kits  Partnership with Santa Monica SPOKE to provide an annual bike education day for employees and students The School’s commitment to abide by the TDM plan was formalized by Special Condition #16 of the Planning Commission’s approval. C. Afternoon Dismissal. Traffic congestion during the School’s afternoon pickup has also been raised as something that needs improvement. Although the campus improvements have nothing to do with afternoon dismissal, the approval of the improvements provided the Planning Commission with an opportunity to request further improvement to the afternoon pick up procedures, and Carlthorp has agreed to do so. Most significantly, Carlthorp has agreed to incentivize carpooling and thereby reduce the number of vehicles picking students up at the School campus. By far the best way to incentivize carpooling is to allow parents with carpools to be the first to pick up their students, so that is what the School will do. Specifically, per the new TDM Plan: To incentivize families to combine rides and trips, the School has agreed to prioritize cars picking up multiple students riders to appeal to the convenience and savings of time for those who do so. This carpool priority will help reduce the number of cars lining up for pickup and further minimize neighborhood impacts. Nothing will motivate a parent like saving them time. So, when School dismissal begins at 3:00 p.m., high-occupancy vehicles will be allowed first in line to pick up their students. Those will be cars that are picking up at least 3 students. All other vehicles will need to wait. Item 6.A 02/22/22 38 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 616 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Santa Monica City Council February 19, 2022 Page 11 The TDM plan also includes carefully considered procedures for afternoon pickup intended to reduce wait times and ensure that driveways and alleys are not blocked by queued vehicles. School faculty and staff will manage the staging and flow of parent vehicles in the neighborhood by positioning themselves at strategic locations and serving as traffic flow monitors during daily pickup times. The monitors will be responsible for ensuring that no one’s driveway is blocked during the pickup queuing. And instead of using the School’s loudspeaker system to announce the names of students whose rides are waiting, Staff will coordinate pickups using walkie talkies with earpieces to reduce noise impacts. Finally, all dismissal procedures and expectations will be clearly communicated to parents. Parents who violate procedures will be disciplined. D. Special Events. Like any school, Carlthorp holds various special events for students and parents. These events provide opportunities for learning, sharing cultural experiences, family bonding, student presentations and talents, updates on curriculum, and celebration of accomplishments and the joys of education. These include the School’s Halloween Parade, African American History Celebration, Lunar New Yar Celebration, La Fiesta Latina, International Day, ArtSmart Day, S.T.E.M. Day, Grandparents Day, Kindergarten Graduation, 6th Grade Graduation, and All-School Talent Show. The Planning Commission imposed Special Condition #4 to address these concerns, limiting the School to a maximum of 18 special events per year with no more than 6 of these events being held after school hours. Project Specific Condition #4 also requires the school to provide notice of special events to its immediate neighbors. Additionally, Project Specific Condition #6 addresses parking and traffic issues related to special events by requiring:  Automobile valet for larger special events  The use of the School’s parking lot for special event parking  All valet parking to be restricted to one side of the street  Advance notification to attendees regarding limited parking availability to encourage carpooling, etc. These limitations and requirements will ensure that the School is able to hold a reasonable number of special events, which are crucial components of student development and school life, without undue disruption to the surrounding community. Item 6.A 02/22/22 39 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 617 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Santa Monica City Council February 19, 2022 Page 12 Also, the new Multipurpose Room will allow more of these activities to occur indoors. To further and more generally address all neighborhood concerns, the Planning Commission also imposed Project Specific Condition #12, which requires the School to appoint an on-site contact person who will serve as a neighborhood liaison to address any concerns that arise in the community. Immediate neighbors of the School will provide annual written notification of the liaison’s contact information. APPELLANT’S ALLEGATIONS ARE WITHOUT MERIT The Appellant alleges a litany of zoning code violations and other offenses by the Applicant. The Appellant’s allegations are too numerous, and in many cases too spurious to address one-by-one. As confirmed by both City Staff and the Planning Commission, the School and its proposed improvement project will be in compliance with the Santa Monica Municipal Code, the pertinent requirements of the prior 1996 STOA, and all other applicable regulations. Carlthorp’s original Planning Commission hearing date was delayed for months so that City Staff could look into the litany of zoning code violations alleged by the appellant. As explained in the Staff Report, his allegations were referred to City’s Code Enforcement Division, which declined to open an investigation. The Appellant’s remaining objections were communicated to and, where warranted, addressed by City Staff, by the Planning Commission and by Carlthorp in good faith. As explained point by point in Staff Report Attachment E, none of the appellant’s remaining allegations has any merit. This elementary school has been a fixture in this neighborhood for eighty years. CONCLUSION Carlthorp School has been located at its current location for almost 80 years. During this time, the School has enjoyed warm and positive relations with many of its neighbors, and the School continues to have a strong and respectful relationship within the community. It has been 25 years since the School last updated its campus. The School campus requires upgrades to enable Carlthorp to continue providing a high quality, modern educational program to its K-6 students. These upgrades will not increase student enrollment. Item 6.A 02/22/22 40 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 618 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Santa Monica City Council February 19, 2022 Page 13 The School has engaged in productive community outreach and worked diligently to craft a project that is responsive to all legitimate concerns. Except for the minor modification to parcel coverage, the project is fully compliant with all applicable code requirements. Carlthorp’s planned improvements will provide: (i) enhancements that benefit the education of its elementary students (with no increase in enrollment), and (ii) community benefits that will mitigate neighborhood disruption and address the concerns raised by neighbors. The appellant’s views of the School and its plans are skewed and do not generally represent the views of much of the surrounding community. The City Council should deny the appeal and reaffirm the Planning Commission’s near-unanimous approval of the project. We would like to acknowledge City Staff’s substantial work and thorough analysis of the issues on appeal. Very truly yours, Kenneth L. Kutcher cc: David White David Martin Jing Yeo Stephanie Reich Regina Szilak Joe Lawrence Heidi von Tongeln Ken Parr Tarrah Beebe F:\WPDATA\22270\Cor\CC 2022.02.19.docx Item 6.A 02/22/22 41 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 619 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) ANGEL LAW 2601 Ocean Park Blvd., Suite 205 Santa Monica, CA 90405-5269 Tel: (310) 314-6433 Fax: (310) 314-6434 angellaw.com         February 21, 2022 Honorable Mayor Sue Himmelrich and Members of the Santa Monica City Council 1685 Main Street, Room 209 Santa Monica, California 90401 Via Email to sue.himmelrich@smgov.net; Kristin.McCowan@smgov.net; phil.brock@smgov.net; gleam.davis@smgov.net; oscar.delatorre@smgov.net; lana.negrete@smgov.net; christine.parra@smgov.net; council@smgov.net; Heidi.vonTongeln@santamonica.gov; attorney@smgov.net; Jing.Yeo@smgov.net; planning@smgov.net;   Re: 02-22-2022 Santa Monica City Council Meeting (Agenda Item 6.A -- Carlthorp School Expansion Project at 438 San Vicente Blvd.) Dear Mayor Himmelrich and Members of the Santa Monica City Council: Appellant Steven Salsberg has retained Angel Law to submit this letter on behalf of himself, all similarly situated residents of Santa Monica and all Santa Monica citizens interested in or benefitting from City Council compliance with the Ralph M. Brown Act (Brown Act; Gov. Code § 54950 et seq.), a statute intended “to facilitate public participation in all phases of local government decisionmaking. . . .” (San Joaquin Raptor Rescue Center v. County of Merced (2013) 216 Cal.App.4th 1167, 1176, emphasis added; internal quotation marks & citations omitted.) On two separate and independent grounds, we request that the hearing on the Carlthorp School expansion project be taken off calendar and re-noticed. First, the February 22, 2022 hearing has been noticed in violation of the Brown Act. Second, staff’s recommended exemption of the project from environmental review under the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) violates CEQA and the State CEQA Guidelines. (Cal. Code Regs., tit. 14, § 15000 et seq.) Our request serves to enable the City of Santa Monica (City) to properly notice the appeal hearing on the Carlthorp School expansion project and to thus proceed in the manner required by the Brown Act. It will further Item 6.A 02/22/22 42 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 620 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Hon. Mayor Himmelrich and Members of the City Council February 21, 2022 Page 2   enable the City to proceed consistent with CEQA and the State CEQA Guidelines by allowing staff to prepare an initial CEQA study to determine whether a negative declaration, a mitigated negative declaration, or a full-blown environmental impact report is appropriate for the development and uses proposed. The proposed CEQA exemptions are not. Brown Act Violation It is of course a central and long-standing requirement of the Brown Act that the legislative body of a local government post, at least 72 hours before a meeting, an agenda containing a brief general description of each item of business to be transacted at the meeting. (Gov. Code § 54954.2, subd. (a)(1).) Government Code section 54954.2, subdivision (a)(1), in pertinent part, states: “At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. . . . The agenda . . . shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet Web site. . . .” (See also id., subd. (a)(2).) Where the City’s elected legislative body, the City Council, is called upon to make a determination or finding concerning CEQA or the State CEQA Guidelines along with the approval of a development permit, such as a discretionary conditional use permit (CUP), the posted agenda must provide public notice of both the proposed determination concerning the development permit and the proposed determination concerning CEQA. (See San Joaquin Raptor Rescue Center, supra, 216 Cal.App.4th at pp. 1169-1170, 1176-1179.) Here, the agenda for the City Council regular meeting of February 22, 2022 describes the item of business at issue (Item 6.A) as follows: “Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd New item received 2/18/2022 “Recommended Action “Staff recommends the City Council deny Appeal 20ENT-0275, appealing the Planning Commission’s approval of Conditional Use Permit 19ENT-0250 and Minor Modification 20ENT- 0066 for a 7,898 square foot expansion to the Carlthorp School, rooftop playcourt, and 0.29% increase to the allowable ground floor parcel coverage, and approve the requested CUP and Minor Modification, based upon the findings and analysis outlined in this report.” (Bold characters in original.) There is no mention in this agenda description of the proposed grant of a CEQA exemption for the project.1 Yet, the City Council, in the exercise of its de novo review of the Carlthorp School expansion project, must determine both whether to grant the requested CUP and the   1 Remarkably, the notice of public hearing required by Santa Monica Municipal Code section 9.37.050 for all owners and residents of properties within a radius of 750 feet of the school site, likewise, omits any reference to the CEQA exemption. (See staff report, attachment G.) Item 6.A 02/22/22 43 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 621 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Hon. Mayor Himmelrich and Members of the City Council February 21, 2022 Page 3   minor modification; and whether the project is exempt from CEQA review (or, instead, requires preparation of an initial CEQA study).2 In fact, staff’s recommended CUP findings show that the City Council will grant the applicant a CEQA exemption should the council approve the project per staff’s recommendations. A CUP finding set forth in the statement of official action (STOA) proposed for the City Council’s adoption states: “Based on environmental review, the proposed project has no potentially significant environmental impacts or any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project. The proposed project is also categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31 of the State [CEQA] Implementation Guidelines in that the proposed addition to a non-contributor in the San Vicente Boulevard Courtyard Historic District is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (2017), revised by Anne E. Grimmer, and would not cause a substantial adverse change in the significance of the San Vicente Courtyard Historic District.”3 (Proposed CUP finding No. 7 at p. 5.) In other words, the City Council’s consideration of the CEQA exemption is an item of business to be publicly reviewed and acted upon at the appeal hearing and therefore had to be specifically disclosed in the posted February 22, 2022 meeting agenda. San Joaquin Raptor Rescue Center, supra, 216 Cal.App.4th 1167, offers an apt analogy. There, the planning staff of Merced County recommended approval of a subdivision application, along with a mitigated negative declaration (MND) under CEQA concerning the environmental impact of the subdivision project. When the project came up for approval by the Merced County Planning Commission, the commission’s posted meeting agenda noticed, as an item of business, the commission’s potential approval of the subdivision application, but did not mention the MND. The court of appeal in San Joaquin Raptor Rescue Center held that this manner of proceeding violated the agenda notice requirement of the Brown Act. Notably, in the litigation challenging the project’s approval, the county of Merced argued that the agenda notice requirement of Government Code section 54954.2 was satisfied “because the public would have implicitly understood that CEQA documents, if any, would likely be considered at the time of the project’s approval.” The court of appeal rejected this position. (216 Cal.App.4th at p. 1170; see id. at p. 1178 [“Even assuming for the sake of argument that a person could have speculated from what appeared on the agenda (i.e., the project’s approval) that the adoption of the MND might possibly be considered at the meeting, that would not make the agenda legally adequate”; original emphasis].) The court held that “the   2 Staff correctly notes that the City Council’s review of the Planning Commission’s decision is de novo. (Staff report at p. 2.) Indeed, the City Council has the power to “review and take action on all determinations, interpretations, decisions, judgments, or similar actions taken which were in the purview of the original hearing body on the application or project and is not limited to only the original reason stated for the appeal.” (Santa Monica Mun. Code, § 9.37.130 (A)(3).) 3 The proposed STOA further cites Section 15303 of the State CEQA Guidelines (Class 3 categorical exemption) as additional grounds for exempting the project from CEQA review. (Proposed STOA at p. 1.) Item 6.A 02/22/22 44 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 622 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Hon. Mayor Himmelrich and Members of the City Council February 21, 2022 Page 4   Brown Act was violated in this case because the Commission took action on the MND when that matter was not expressly disclosed on the meeting agenda.” (Id. at p. 1170.) So, too, here if on February 22, the City Council approves the CEQA exemption -- whether explicitly or implicitly by granting the CUP based on the CEQA exemption findings recommended by staff. While in this case, the defective notice relates to a staff-recommended CEQA exemption rather than a staff- recommended recommended MND, for purposes of the Brown Act, this is a distinction without a difference. (See id. at p. 1178, fn. 17.) The court in San Joaquin Raptor Rescue Center recognized that issues related to the local environmental effects of a project “often motivate members of the public to participate in the process and have their voices heard.” (Id. at p. 1177.) “Of course, that is exactly what the Brown Act seeks to facilitate.” (Ibid.) “Its purposes include ensuring that the public is adequately notified of what will be addressed at a meeting in order to facilitate public participation and avoid secret legislation or decisionmaking.” (Id. at pp. 1177-1178, citations omitted.) In short, because the agenda posted last week for the City Council’s February 22, 2022 meeting fails to make the disclosure concerning the CEQA exemption determination for the Carlthorp School expansion project, it violates Government Code section 54954.2. Therefore, the appeal may not be heard on February 22. The matter must be re-noticed and the new notice should disclose the proposed CEQA exemption so that all members of the public interested in CEQA review have a fair and meaningful opportunity to address the exemption at the City Council’s de novo hearing on the project. CEQA Violation The recommended CEQA exemptions for Carlthorp School’s expansion project are unsubstantiated and erroneous. Staff’s review for exempting the Carlthorp School expansion project from CEQA is cursory and fundamentally flawed. (See CEQA Guidelines, § 15061.) First, staff’s conclusion that the environmental impacts of adding 7,259 square feet of new development to the existing school size of 38,397 square feet, a substantial, 20.6% increase in size, and of proposing a new rooftop playcourt, all in a residential zone, are not even potentially significant in the construction phase or long-term, is contradicted by the evidentiary record and staff’s own conclusion that “any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project.” (Proposed CUP finding No. 7, p. 5.) And that very conclusion precludes exempting the project from CEQA. “An agency should decide whether a project is eligible for a categorical exemption as part of its preliminary review of the project without reference to or reliance upon any proposed mitigation measures.” (Salmon Protection & Watershed Network v. County of Marin (2004) 125 Cal.App.4th 1098, 1106, emphasis added.) Staff here appears to rely on what is known as the “common sense” exemption from CEQA. But this exemption is inapplicable unless “it can be seen with certainty that there is no possibility that the activity in question may have a [potentially] significant effect on the environment. . . .” (State CEQA Guidelines, § 15061, subd. (b)(3), emphasis added; see id., § 15382 [“ ‘Significant effect on the environment’ means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance”].) Item 6.A 02/22/22 45 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 623 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Hon. Mayor Himmelrich and Members of the City Council February 21, 2022 Page 5   As for the recommended Class 31 categorical exemption, it is inapplicable on its face. This specific exemption is for “projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.” (State CEQA Guidelines, § 15331, emphasis added.) The Carlthorp School expansion project is just that: a school expansion project -- as described by staff and as proposed by the applicant; it is not a project limited to simply maintaining, repairing, stabilizing, rehabilitating, restoring, preserving, conserving or reconstructing historical resources. Whether the project would or wouldn’t have an adverse impact on the overall character or significance of the San Vicente Courtyard Historic District does not bear on whether the new development and uses that are proposed fit into the narrow confines of the Class 31 exemption in the first place, or, for that matter, into any one of the other two CEQA exemptions cited by staff. Nor does the Carlthorp School expansion project fit into the Class 3 categorical exemption. According to staff, this CEQA exemption “exempts minor additions to existing schools where the addition does not increase original student capacity by more than 25% or 10 classrooms.” (Staff report at pp. 14-15.) The Class 3 categorical exemption doesn’t even mention schools, let alone the gratuitous numerical criteria used by staff (no increase of original student capacity by more than 25% or 10 classrooms). The Class 3 exemption does apply to certain existing commercial buildings that do not exceed 10,000 square feet in floor area, and only if the site is zoned for commercial use. (See CEQA Guidelines, § 15303.) However, even if the school were a commercial use, which it is not, the existing school size is almost four times as large as 10,000 square feet (38,397 square feet) and the school site is not zoned commercial or for an institutional use. (This is why a CUP is required for the project.) The 46,362 square foot parcel on which the project is located is zoned Low Density Multi-family Residential (R2). The Class 3 exemption also benefits small residential projects, provided these projects are on land zoned residential. Evidently, reliance on the Class 3 categorical exemption to evade CEQA review for the proposed expansion project would as much be a prejudicial abuse of discretion under CEQA and the State CEQA Guidelines as reliance on the other two exemptions cited in the proposed STOA. Sincerely, ANGEL LAW Frank P. Angel Item 6.A 02/22/22 46 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 624 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Good evening, Mayor and Council Members. My name is Ashley Stanbury and I teach general music at Carlthorp School. In addition to instructing bi-weekly classes for kinder through 6th graders, I direct the Carlthorp choir, orchestra and theater program. I would like to comment on the proposed Master Plan, specifically, the new Multipurpose Room that it will provide. Very briefly, Carlthorp's students need a space for performing arts events such as grade show plays, choir and orchestra concerts, talent show, artist in residence events and our annual theater production. These events are not only important to the growth of our students, they continue the traditions put in place since the school's beginnings in 1939. Helping instill confidence in our students is a key objective at Carlthorp. The current space is woefully inadequate. It is long and narrow with a low ceiling, which is not ideal acoustically. Members of the audience are often unable to see or hear our youngest performers due to these limitations. This is particularly frustrating when proud parents attend performances. Beyond the performance issue, I would be remiss if I didn't mention the multipurpose room's other essential function. A new multipurpose room that can accomodate our student body is essential for school-related assemblies, special events and to allow our students a space to have P.E. on rainy days. I fully support the other improvements to the campus, and urge you to reject the appeal that you are hearing tonight. Please let this project move forward. On behalf of the students, faculty and staff at Carlthorp, thank you for allowing me the time to present to you this evening. Sincerely, Ashley Stanbury Carlthorp Music Teacher Item 6.A 02/22/22 47 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 625 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 48 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 626 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 49 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 627 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 50 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 628 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 51 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 629 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and 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and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 57 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 635 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 58 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 636 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 59 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 637 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 60 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 638 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 61 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 639 Attachment: Written Comments (5012 : Appeal Planning Commission 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Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 92 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 670 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 93 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 671 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 94 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 672 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 95 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 673 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 96 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 674 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121 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 699 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 122 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 700 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 123 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 701 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 124 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 702 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 1 STATEMENT OF STEVEN SALSBERG, APPELLANT The City of Santa Monica Has Denied Me a Fair Process and Has Denied Me My Due Process Rights The City of Santa Monica (the “City”) has not conducted the appeal process in a fair manner. The City and its employees (“Staff”) have misled me and acted with bias. The City has unfairly favored the Carlthorp School (the “Applicant”) against my interests as the Appellant. The City did not notify me until weeks after setting the 2/22/2022 hearing date and weeks after notifying the Applicant that that date had been set and more than 10 days after I first began making inquiries that that date had been set based on rumors I had heard. For these reasons, additional reasons specified herein and expressed through emails and phone calls with the City, reasons expressed in my initial appeal statement, various actions and inactions taken by the City, and for reasons that might be buried in documents withheld by the City and yet undiscovered documents and events, I have been denied a fair process and my due process rights. And, I have not been treated fairly by the City, as compared to the Applicant in this matter. I made clear to the City on several occasions over the past 13 months that I intended to submit a supplement to my appeal statement (my “Supplemental Statement”) and that I needed to be informed as to what would be the deadline for my submitting my Supplemental Statement. And, the City gave me every indication several times over at least the following eight months or more that it would inform me as to what would be the deadline for my submitting my Supplemental Statement. However, the City failed to provide me with any such deadline. The City improperly, therefore, published its Staff Report without my having submitted my Supplemental Statement. The process has not been fair. The City stonewalled and sandbagged me throughout the process, usually refusing to even respond to my numerous phone messages and emails, all the while attempting to cram down a hearing date upon me without answering my questions regarding fundamental zoning code questions that I have a right to have answered. Even my attempts to reach out to the Planning Director, David Martin, did not elicit responses from Jing Yeo, the Zoning Administrator, or from David Martin. The only way I was able to obtain responses from Jing since May 2021 (and later from David Martin) was for me to contact the City Manager, which I found necessary to do several times beginning in July 2021. Then when Jing did respond, she would not answer my questions and requests for clarifications and confirmation of things she had told me during our telephone conversations on 4/27/2021 and 10/19/2021. She did answer some of my questions but she refused to answer, clarify, and confirm the most important of my questions and issues that I addressed to her in my emails. Her “answers” were generally vague and opaque and also absolutely not on point. And, I told her that she was refusing to answer my Item 6.A 02/22/22 125 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 703 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 2 questions. Jing then insisted that she was not refusing to answer my questions. I responded that she absolutely was refusing to answer my questions. On 2/1/2022, I even simplified two or three crucial questions into yes or no questions with requests for explanations. Her response after nine months of repeatedly asking her these questions on 2/8/2022 was that my questions were not relevant and therefore she would not answer them – obviously admitting finally that she was and had been indeed refusing to answer my questions all along. However, such questions were relevant, which is proven by how she answered similar questions on the phone in April and October of 2021. (See below.) As I responded to her in my 2/1/2022 email, she did “not [answer my] questions and I [found] it to be outrageously disturbing that [she had] chosen to characterize [her] “answers” as having “thoroughly answered” my questions. Her statement was clearly disingenuous, as is the Staff Report’s Staff Response 8B, to “Questions not answered” (see below). I told the City (Jing, Regina Szilak (“Gina”), David Martin, David White, and others) several times each in multiple emails over several months and on the phone that: I still am waiting for answers and clarifications to crucial questions that are prerequisites to additional questions that build on such issues. It is completely unrealistic and certainly unreasonable to hold the hearing or even set a date until: First I need answers and clarifications to my 7/26/2021 and 5/12/2021 emails; Second, I need to then formulate and ask the follow up questions that are now and have been pending; then Third, I’ll need Jing, the Zoning Administrator, to answer those additional follow up questions; then Fourth (assuming there would be no additional iterative rounds of questions), I would need time to prepare my supplement to my appeal; and then Fifth, Staff would need time to consider my supplement and then after that prepare the Staff Report, sufficiently in advance of the hearing. I made it clear to Jing and Gina, more than a year ago and dozens of times since, that I needed my Supplemental Statement to be incorporated into the Staff Report and that I need to know what the deadline would be for submitting my Supplemental Statement. Such deadline, of course, could not be determined until a hearing date would be set. Eventually, after months of being stonewalled and sandbagged regarding getting my very relevant and crucial questions answered and having a hearing date crammed down without allowing me to get my questions answered – questions that I had been assured by David Martin that I have a right to have answered – I then emailed and left a voicemail for David White again on 2/2/2022. David White up until then had given me the clear impression that he would make sure that I would get my questions answered sufficiently in time for me to prepare my Supplemental Statement. (Every time after I emailed, or spoke with, David White Jing would shortly thereafter email me regarding my questions, although much of it was vague, opaque, and off point.) Included in my 2/2/2022 email to David White, I said: Item 6.A 02/22/22 126 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 704 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 3 “Please intervene and require that the hearing date be postponed and please require that (1) the Zoning Administrator properly answer, confirm, and clarify my questions and requests for confirmations and clarifications regarding the Zoning Code and the Applicant’s proposed project; and (2) require that the Planning Division not contemplate a hearing date until I have fully received the answers and clarifications that I have been requesting and expect to request.” David Martin called me that same day, February 2 – obviously in response to David White telling him to deal with me. I again told David Martin that I needed to get my questions answered before I could begin preparing my Supplemental Statement. David Martin again told me that he wanted to get my questions answered. When I hadn’t heard from Jing again, I emailed David White again on 2/6/2022 with similar requests as I had said in my 2/2/2022 email, and I left a voicemail for him on 2/7/2022. David White replied with an email on 2/8/2022, inviting me for a meeting with him and David Martin and to work with his assistant to schedule the hearing. David White’s assistant told me that the earliest a meeting could be scheduled was for 2/17/2022. Obviously, my purpose in accepting an invitation to such a meeting was to obtain a postponement and to set an agenda for getting my questions and requests for clarifications and confirmations answered, for which I had been requesting for more than 13 months and for which I had been stonewalled for the past more than nine months. I had every reason to believe that a postponement was forthcoming. David Martin had assured me on 10/5/2021 on the phone that I had a right to have my questions answered. I had a legal opinion from an attorney who works in this area of the law and who has close ties with the City that I had a right to have my questions answered. All of my emails to Jing and to Gina at least since October had been copied to David White and to David Martin. Every time that I reached out to David White (and John Jalili before him) complaining that I wasn’t getting my questions answered, I would get a quick response from Jing, each time providing some response to my questions and requests for confirmations and clarifications, but inadequate, vague, opaque, unspecific, and off the point of my questions. I had every reason to believe that a postponement was forthcoming. When David White on 2/8/2022 invited me to meet with him and David Martin, he led me to believe that he would postpone the hearing when we were to meet on 2/17/2022, but he ultimately refused. If he wasn’t going to postpone the hearing, he should have told me when he invited me to the meeting or at least in the ensuing nine days that he would not postpone the hearing. David White also sandbagged me. No one ever gave me, as had been promised many months before, a deadline for me to submit my Supplemental Statement. The Staff Report was completed at most only a day or two after I met with David White and David Martin when I finally learned that the City was definitely intending to go forth with the hearing on 2/22/2022, many weeks after informing the Applicant that that date had been set for the hearing. I was thus also denied the ability to provide my Supplemental Statement to the City in time for Staff to incorporate my Supplemental Statement into the Staff Report. Item 6.A 02/22/22 127 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 705 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 4 The City has not just incidentally provided an unfair process for me, but has orchestrated the process in an unfair manner. (See additional facts and discussion, below, relating to my responses to Attachment E, #8A – D.) Due to the above very unfair circumstances, I have had to focus on this statement and organizing and submitting documents for the hearing at the last minute to protect the record and I have thus not had time to notify and remind most of my neighbors who would be interested in attending the hearing. Therefore, it is likely that the turn out in favor of this appeal and against the proposed project will be substantially diminished, as compared to if I had been treated fairly by the City. And, most or all of the Applicant’s supporters are either students (and parents of students) or employees or consultants who the Applicant has paid to attend the hearing and who do not even live in the neighborhood or in Santa Monica. Some of the few neighbors who I did speak to in passing who live within the notice radius have told me that they did not receive any notice cards relating to this appeal. Furthermore, this project impacts neighbors beyond the notice radius due to noise, traffic congestion, and particularly parking. The Applicant impacts on-street parking for a distance of multiple blocks because the Applicant has only approximately 34 parking spaces for a faculty of 80 and the parents of 280 children, many of whom park their cars to drop off and/or pick up their children, and for numerous events. The Staff Report, the City Council STOA, and the City Council Report are all confusing because they make references to exhibits and other documents that are not posted with these reports and on the Agenda and which are not readily available on the Agenda page. And, these reports make ambiguous references to different sets of exhibits using the same referenced name but are referring to different exhibits. As such, the item is defective and it is confusing. Staff also failed to post crucial pages of Plans that were sent to me but were not disclosed to the public at large. Staff members violated the City’s ordinances and its policies and procedures, including violating the City of Santa Monica Code of Ethics. I also submitted an objection to the public notice of this hearing because it didn’t specify that the City Council is ruling on CEQA exemptions. As such, the public will not have an opportunity to adequately question and challenge such exemptions or prepare for that. For all of the above, and below, reasons the City should postpone the hearing and/or rule in favor of my appeal. The Planning Commission Hearing Process One other thing that I found to be very frustrating regarding the Planning Commission hearing process was that after the Staff, the Applicant, and the public presented and spoke, the Planning Commission then addressed some issues and concerns and began Item 6.A 02/22/22 128 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 706 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 5 “solving problems” while simultaneously shutting out the public, particularly considering that utilizing virtual hearings in the manner that it did, the City was preventing the Planning Commissioners from even feeling the mood of the public in response to the Commissioners’ proposals. Some of these “solutions” had not yet been suggested to the in any public filings and the public had not had any notice that such “solutions” would be introduced. Planning Commissioners proposed but mostly imposed “solutions” some of which would cause more problems than they would solve. (See, for example, my discussion (below) regarding landscape screening in my fourth bullet point, in the section named The City Council Report.) For one, I don’t think it was proper for the Planning Commission to have proposed and voted on alternative “solutions” to concerns in a manner that had not been first vetted by the public and that the public was not permitted to provide any input whatsoever. I ask that the City Council not act with expedience on issues that might seem minor but that are very crucial in the lives of Santa Monica residents. The Applicant’s and Staff’s Parcel Coverage Calculations of the Proposed Project are Incorrect and Exceed the Allowable Limit Under the Code, Including With the Minor Modification that the Applicant Requests Parcel Coverage Calculations The Parcel Coverage Calculations, as performed on Plan pages A121-B and A122-B, as revised approximately in March 2021, are inaccurate and substantially understate the actual parcel coverage of the proposed project. Such calculations have several errors. One such error is that it treats the “Main Level” as depicted on Plan page A121-C as the First Floor and the “Upper Level” as the Second Floor. (See Plan pgs. A121-B, and A122-B.) The “Lower Level,” as depicted in Plan page A120-C, is actually the First Floor – or First Story – and the “Main Level,” as also depicted in Plan page A121-C, is the Second Story. The “Upper Level,” as depicted in Plan page A122-C, is actually a non-conforming Third Story. The “Lower Level” does not meet the definition of a basement, as defined by the SMMC. (See SMMC 9.52.020.0230.) The First Floor Parcel Coverage Calculation is incorrect and inaccurately excludes, for example, the Storage room, as depicted on Plan page A120-B. The Second Floor Parcel Coverage Calculation is also incorrect and inaccurately excludes, for example, the Classroom in the southeast corner of the building and much of the blue-shaded area, as depicted on Plan page A121- B. (I could not find the Plan pages on the City’s Agenda page or in any documents listed and linked on that page that are referred to in this paragraph and in this section, below. However, such Plan pages were produced by the Applicant in a 9-page pdf set and submitted to the City. These pages show and help show that the proposed project violates the Zoning Code. It is not clear why Staff failed to include such important pages with the Agenda. However, I am submitting these pages along with other materials.) Prohibited Third Story Addition Item 6.A 02/22/22 129 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 707 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 6 Furthermore, the Applicant proposes adding to its nonconforming Third Story, which is strictly prohibited under the Zoning Code. The Zoning Code only permits two story structures in the Applicant’s zone. (See SMMC 9.08.030 (Development Standards) (limiting number of stories in the R2 District to 2 stories).) The Applicant’s Building’s Lower Level is Not a Basement, it is the First Story In response to my questions, on 4/27/2021 and on 10/19/2021 on the phone, Jing, the Zoning Administrator, unequivocally told me that everything in dark green on Plan page A120-C is all on the same level for any and all purposes and applications and interpretations of the zoning code, including for the definition of a basement. On those calls Jing also unequivocally told me that all of the Dark Blue and the Medium Blue areas on Plan page A121-C are all on one level for all purposes, applications, and interpretations of the zoning code, including for the definition of a basement. On those calls Jing also unequivocally told me that all of the Dark Pink area on Plan page A122-C is all on one level for all purposes, applications, and interpretations of the zoning code, including for the definition of a basement. As noted, above, the Applicant’s plans, calculations, and the proposal assumes that, what the Applicant refers to as the “Lower Level” as a “basement,” however, in fact the existing building does not have a “basement” as defined under the SMMC. Basement, is defined by the SMMC as: 9.52.020.0230 Basement. The level(s) of a structure located below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade, in which no portion of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade projects more than 3 feet above Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade. Up to 4 wall surfaces of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade may be exposed above Finished Grade, so long as this exposure does not exceed 40% of each of these wall surface areas. Each wall surface area is calculated by multiplying the height by the length of the wall. In addition, the visible wall surface height of these walls shall not exceed 3 feet above Finished Grade, except for an entrance to a garage, which must be designed to the minimum feasible width and not exceed the maximum size requirements set forth in Chapter 9.28, or for any light well or emergency egress as required by the Building Code. A basement shall not be considered a story. (SMMC 9.52.020.0230.) Analyzing the First Criterion in the Definition of a Basement First, I’ll analyze the first sentence of Section 9.52.020.0230, which says: “The level(s) of a structure located below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade, in which no portion of the level directly below Average Natural Item 6.A 02/22/22 130 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 708 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 7 Grade, Segmented Average Natural Grade, or Theoretical Grade projects more than 3 feet above Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade.” The Applicant utilizes Average Natural Grade (“ANG”) in all of its plans and in its proposal. According to the City’s Zoning Administrator and the plain text of the ordinance, if any portion of the Lower Level projects more than 3 feet above ANG, then the entire Lower Level is not a basement, and would therefore be the First Story. As can be seen on Plan page A300-B/C, ANG is at 104 and ½ feet (104’-6”), and 3 feet above ANG is at 107 and ½ feet (107’-6”) (104.5’ + 3’ = 107.5’). ANG on Plan page A300B/C is also depicted as a horizontal broken red line. As can be seen on Plan page A300B/C, the Lower Level projects above ANG. Plan page A120-C shows the floor of the Lower Level at 97 and ¼ feet (97’3”), which is 7 feet below ANG. The Lower Level projects all the way to the surface of the floor above it. (SMMC 9.52.020.2320 defines Story as: “That portion of a building included between the upper surface of any floor and the upper surface of the floor next above. . . .”) Looking at Plan pages A120-C and A121-C, it is clearly evident that the Lower Level projects 4 and ¼ feet (or 4’ 3”) above ANG. (See the Dark Blue portion of the Main Level on Plan page A121-C, which displays the floor of the Main Level and upper range of the Lower Level as being 1 and ¼ feet (1’ – 3”) above the Light Blue portion of the Main Level, which has a floor level of 107 and ½ feet (107’ – 6”), which is already 3 feet above ANG (107.5’ + 1.25’ = 108.75’; also, 108.75’ – 104.5’ = 4.25’). Thus, the Kitchen, the Board Room, the Reception Front Office, both of Classroom – 1st Grade and a lot of other space on the Main Level, have their floor at more than 3 feet above ANG and thus, the Lower Level space below it all projects 4 and ¼ feet above ANG, which is more than 3 feet above ANG. Because the Zoning Code’s definition of a basement says that “no portion of the level directly below” ANG may project “more than 3 feet above” ANG, the entire Lower Level is not a basement and is thus the First Story. Jing confirmed this to me on the phone in April 2021. The Applicant’s plans that were used in their expansion approximately 25 years ago also display the same result. Those plans, Plan page A-5.2.1 (dated May 02, 1997) depicts large portions of the Applicant’s Lower Level as projecting all the way to 108.75’ (108 and ¾ feet), which is 4.25 feet above ANG (108.75’ – 104.5’ = 4.25’). (See also Plan page A-6.2 (dated May 02, 1997.) Analyzing the Fourth Criterion in the Definition of a Basement The Lower Level, which the Applicant claims is a basement rather than the First Story, is not a basement also because walls of the Lower Level have visible wall surfaces that exceed 3 feet above Finished Grade. The fourth sentence of SMMC Section 9.52.020.0230, defining “Basement,” says: “In addition, the visible wall surface height of these walls shall not exceed 3 feet above Finished Grade, except for an entrance to a garage, which must be designed to the minimum feasible width and not exceed the maximum size requirements set forth in Chapter 9.28, or for any light well or emergency egress as required by the Building Code.” Item 6.A 02/22/22 131 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 709 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 8 This means that if even one visible wall surface height of a level exceeds 3 feet above Finished Grade, then the entire level is not a basement. Several of the Applicant’s Lower Level walls have visible wall surfaces that exceed 3 feet above Finished Grade. Plan page A120-C, depicts the Lower Level. Three of the walls of the Storage room in the southeast corner of the building all have visible wall surfaces that exceed 3 feet above Finished Grade. (See photos.) The westerly, southerly, and easterly walls of the Storage room all have visible wall surfaces that exceed 3 feet above Finished Grade. (See photos.) The wall containing the entrance to the Lower Level, which abuts the Break Out Room and the hallway adjacent to the Break Out Room on the Lower Level also have a visible wall surface that exceed 3 feet above Finished Grade. (See photos.) Even without the photos, it is obvious that the Storage room in the southeast corner of the building has a visible wall surface that exceeds 3 feet above Finished Grade. Plan page A300-B/C, on the top portion of the page, “E/W Section Through Elevated Court Level Diagram shows 3 feet of the Storage room on the Lower Level above the broken red line – the line that delineates where ANG is – and additional wall surface below ANG down to the surface of the parking lot. That wall of the Storage room that abuts the Existing Parking, as depicted on Plan page A300-B/C, both the 3-foot portion of the wall above ANG and the portion below ANG that is above the surface of the Existing Parking is a visible wall surface that exceed 3 feet above Finished Grade. (The wall of the Storage room, referred to here, is on the western side of the Storage room, even though it is depicted on the right side of the Storage room. That is because the diagram at the top of Plan page A300-B/C is viewed from the North.) What Plan page A300-B/C doesn’t show is that the walls of the Storage room on the South and on the East of the room also have visible wall surfaces that exceed 3 feet above Finished Grade. This diagram doesn’t show that the Finished Grade on the South side of the building where the Storage room is located is almost exactly the same as the Finished Grade where the surface of the Existing Parking lot abuts the Storage room. (See photos.) While it is more difficult to see and access, much or all of the walls on the east side of the building have visible wall surfaces that exceed 3 feet above Finished Grade. (See photos.) The eastern side of the Storage room, as displayed on Plan page A120-C, which depicts the Lower Level, has already been shown, above, to have a visible wall surface that exceed 3 feet above Finished Grade. The Faculty Lounge on the northeast corner of the Lower Level, as displayed on Plan page A120-C, has its entire eastern wall from approximately the floor to the ceiling (approximately 8 feet) with a visible wall surface that exceed 3 feet above Finished Grade. (The photos of the eastern wall of the Faculty Lounge on the Lower Level, accompanying this Supplement, were taken with bushes and a chain linked fence between the camera and the eastern wall and the surface of the abutting Finished Grade, making it somewhat difficult to see; but, if one looks carefully, it is obvious that the visible wall surface on the eastern wall of the Faculty Lounge has several feet, more than six feet of visible wall surface, above Finished Grade.) The Lower Level is clearly not a basement. A similar perspective can also be seen in the Carlthorp School Plans from approximately 25 years ago, page P-3, dated October 22, 1997, and approved under a previous zoning code, 11/12/1997. Item 6.A 02/22/22 132 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 710 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 9 The Lower Level also violates other aspects of the definition of a basement. (SMMC 9.52.020.0230.) No Basement, Three Stories, Incorrect Parcel Coverage Calculations, Minor Modification Application is Insufficient to Build Proposed Project, and Prohibited Third Story Additions Therefore, the Lower Level is not a basement as the Applicant asserts. (Perhaps the City’s Planning Department failed to actually inspect the property and instead relied only on the plans in determining that the Applicant’s proposed project satisfied the zoning code.) Instead, the Lower Level is the First Story, the Main Level is the Second Story, and the Upper Level is the Third Story. All parcel coverage calculations are based on the wrong information and are incorrect and thus the public disclosures are all incorrect and the public has not been adequately notified and the City has not adequately reviewed the project. The actual parcel coverage exceeds the amounts being asked for in the Applicant’s application. Additions to the Third Story are being proposed, which are strictly prohibited by the Zoning Code. Staff should not have recommended that the proposed project be approved and the City Council should confirm my appeal and deny the Applicant from being granted approval. The Proposed Multipurpose Room is a Classroom The Zoning Code requires additional parking to be added if the proposed project adds even a single classroom. (Please see Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard, at 5 –7 (section titled, The Applicant’s Cover-up and Rationalization of the Additional Classroom Space) (describing in more detail how the multipurpose room will serve as a classroom). The proposed multipurpose room, in Planning Commission Hearing (11/4/2020) Attachment J, says that it will be used for "Orchestra practices" and "Theatrical practice" and an "Indoor climbing wall for PE" and "CPR training for employees" and "Professional development for faculty." These are all instructional activities involving instructors and students. (Regarding training for employees and professional development for faculty, such activity does involve instructing students, except that in such activity, the employees and faculty members are the "students.") As such, by definition, when any of these activities are taking place, the multipurpose room would be serving as a classroom. The Applicant has repeatedly said, dating back to its initial application in 2019, that it would be conducting such instructional classroom activities in the proposed multipurpose room. All three of those applications, clearly state that the Applicant intends to use the Multi-purpose room for teaching classes. The Applicant admitted that its proposed “subterranean multi-purpose room” would be used for teaching classes and as classroom space when it said that the proposed expansion would be used for “performances and other K-6 educational activities, which Item 6.A 02/22/22 133 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 711 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 10 include music and performing arts classes.” (See City of Santa Monica – City Planning Division, Discretionary Permit Application, for 438 San Vicente Blvd, for a Minor Modification (not dated or signed), attached sheets Project Description (“Minor Mod Project Description”), at 2.) It made such admission three times in three separate applications over the period of almost a year, relating to this proposed project. (Please see Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard, at 5 –7 (section titled, The Applicant’s Cover-up and Rationalization of the Additional Classroom Space) (describing in more detail how the multipurpose room will serve as a classroom). The Planning Department added Condition 17 to prevent the multipurpose room from being used as a classroom. However, Condition 17 is unenforceable. The proposed Multi-purpose room is subterranean and any teaching activity would be undetectable and the City continues to refuse to enforce ongoing violations of existing CUP Conditions and SMMC violations at the school. All the more so, the City would not likely enforce Condition 17, which is not visible to the naked eye. Also, Condition 17 is self- contradictory because it says that the “multi-purpose room shall be used in the manner described in Attachment J of the staff report and shall not be used as a classroom.” Attachment J contains multiple uses that are clearly classroom activities, and thus Condition 17 is self-contradictory, and it is unenforceable even if the City’s enforcement agencies had the will to enforce it. Because the Multipurpose Room is a Classroom, Additional Parking Spaces Are Required Because the multipurpose room is a classroom, the Applicant must add parking spaces. Because the proposed project does not call for adding parking spaces, the proposed project does not satisfy the Zoning Code and the Appeal must be accepted and the proposed project must be denied by the City Council. Parking Issues From the STOA Conditions that was passed by the Planning Commission in 11/4/2020: Condition # 6 calls for special planning only for events that are expected to exceed 150 vehicles. That is an absurdly high number for this neighborhood. The School only has approximately 34 parking spaces for its 80 employees. The Condition is all but impossible to enforce. First, the Condition doesn’t clarify if the expected number of vehicles includes employee vehicles or only additional vehicles. Second, the school can always say that it “expected” fewer vehicles. There is no advance mechanism to assure the neighborhood that reasonable precautions will be made and followed. Item 6.A 02/22/22 134 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 712 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 11 When the Applicant expanded 25 years ago, it obtained its variance on parking, based on statements and information provided to the City, including that it intended to expand its total faculty from 22 people (15 full time and 7 part time) to 32 people (15 full time and 7 part time), which was a comparable percentage increase to their planned enrollment expansion of slightly less than 50% at that time. (See Letter from Arthur L. Kassan, Consulting Traffic Engineer, to Ronald K. Fuchiwaki, City Parking & Traffic Engineer, dated 6/13/1995, at 1.) The Applicant in 1996 received a variance to allow for their parking configuration, which would have been sufficient to support their “planned” staff of 32 people. However, the Applicant’s staff swelled to 80 people after receiving their CUP and variance in 1996. When the Applicant received its variance and its CUP in 1996, it deceived the Planning Commission and the City. When the parking analysis was conducted, the City relied on the Applicant telling the City that it was only expanding to 32 people (including part time employees), rather than expanding the staff to 80 people. By no means does the Applicant have sufficient parking spaces available to accommodate its needs, and thus heavily burdens its neighbors, in the surrounding blocks and further. The Applicant violated its commitments to the City regarding faculty size and should not be permitted to expand further. In fact, the Applicant should be required to reduce its faculty to the level that it committed to the City and its neighbors 25 years ago at approximately 32 people. The granting of any expansion should require such a condition. The Applicant now says, again, that it won't increase its faculty size. Nonsense. Empirically, the Applicant has demonstrated that it couldn't be trusted to keep its word then; it should not be trusted to keep its word now. The school’s deficient parking causes faculty and visitors to the school to park in the surrounding neighborhood, taking away space from local residents. The Applicant has argued in the past, as it did to the Planning Commission, that it somewhat mitigates these parking concerns because it is friendly with a neighboring landlord who leases residents to some of its faculty. Such argument should be completely disregarded because the Applicant does not have an entitlement to use such parking spaces and it is completely possible that in the future, no such relationship will exist. Noise Concerns I cannot overstate how much of a burden that the noise that the Applicant generates is upon its neighbors. The noise study that the Applicant presented is misleading. The noise pollution that the Applicant generates disrupts the peace and quiet in the neighborhood in a major way. Some of the noise concerns are: Children screaming, whistles, P.A. systems and loud speakers, loud noises from vehicles and people congregating in the large open parking lot off the alley (Georgina Place), organized cheering and screaming, outdoor amplified music and rallies. The school also uses “Walkie-Talkies” and whistles, which are particularly grating upon the nerves. Sometimes the Applicant invites musical and other Item 6.A 02/22/22 135 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 713 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 12 groups that bring in their own amplification system. The Applicant should be prohibited from doing any of these. The Applicant should also be prohibited from bringing in temporary speakers and amplification, such as for an event. The Condition 9 language should be modified to include prohibition of speakers anytime, not to exceed 3 minutes during morning assembly and not at any other time, except for emergencies. Even use of amplified speakers during morning assembly is unnecessary and invasive to the community and should be prohibited. The noise study that the Applicant submitted cited incorrect decibel limits from the SMMC that were higher than the code actually indicates. The noise study and its analysis and conclusions is flawed and should therefore be disregarded. (See also, discussion relating to Attachment E, #6A – D.) Traffic Traffic caused from employees and also parents dropping off and picking up children is excessive. Twice a day a line of cars circle the block, double-parked and blocking traffic, creating excessive traffic for vehicles and substantial hazard for vehicles, pedestrians, and animals. Faculty, parents, and children commonly trespass neighboring properties on their way to and from school. Sunshine, Sunlight, and Heat Building the rooftop play court would block sunlight and direct sun from my windows, and reduce sunlight that enters my home. The rooftop play court should not be allowed. I rely on the sun entering my windows facing the Applicant to grow, ripen, and mature most of the food that I eat. I have a right to that sunshine and sunlight and I need it for my food. The sun in the morning helps to jumpstart the warming of my home, particularly in the late winter, springtime, and the early fall. The sun in the morning also helps to jumpstart me, to ward off Seasonal Affective Disorder, from which I struggle with. The Applicant should not be permitted to build the rooftop play court, or at least not within approximately 40 feet of the western side of the existing building. Appellant’s Response to Staff’s Attachment E, “Detailed Response to Appeal Statement” Staff’s Attachment E, “Detailed Response to Appeal Statement” (“Attachment E”), is littered with misleading statements and ignores the actual facts and the law. Topic 1A) Upper level exceeds parcel coverage: Staff has ignored the fact that the parcel coverage calculations were conducted incorrectly. (See, above, The Applicant’s and Item 6.A 02/22/22 136 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 714 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 13 Staff’s Parcel Coverage Calculations of the Proposed Project are Incorrect and Exceed the Allowable Limit Under the Code, Including With the Minor Modification that the Applicant Requests.) Topic 2A) Operating detrimental to surrounding properties: Obviously Code Compliance or anyone else failed to inspect or visit the Applicant’s site at night where it would have seen powerful flood lights that shine into neighbor’s windows all night long. I’ve complained to Code Enforcement and to the police numerous times regarding various violations but they never do anything. (See photo.) Topic 2B) No further permits should be allowed to be issued due to CUP violations: The 95CUP-012, Condition #31 says that if the Applicant “fails to comply with any conditions of the [1996 STOA], no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.” Staff admits that there are at least two ongoing violations of conditions of the Applicant’s existing CUP (95-CUP-012). These violations (and others) have existed since prior to this century, without any mitigation. Staff is acting irresponsibly by recommending that the Santa Monica City Council ignore the fact that the Applicant is a serial violator of its CUP conditions. Condition #31 is a standard condition in virtually all of the CUPs that the City grants, and I think is a requirement under the SMMC. The Santa Monica City Council should abide by the City’s own policy of requiring compliance before granting any additional entitlements to the Applicant. If Staff were truly objective – as it should be but for which it is obviously not – Staff would not be recommending that the Santa Monica City Council deny my appeal. (See 2E and 2F, below.) Topic 2C) Existing Landscaping exceeds height limits: The trees on the westerly border of the Applicant’s property are planted excessively close together and, thus, are a de facto hedge and/or wall, and exceed height limits. Topic 2D) Existing plan for pick-up/drop-off does not work: The neighbors should have been directly solicited regarding this issue, before any additional entitlements are granted. The chain of vehicles that line up around San Vicente Blvd, onto 4th Street, and onto and way up Georgina Avenue for pick-up and drop-off creates a serious safety hazard for the community and causes serious traffic interference for the neighborhood. Drivers of these vehicles commonly violate the Motor Vehicle Code and block intersections to both pedestrian and vehicular traffic. This issue is a very serious matter due to the dangerous and hazardous conditions imposed by the Applicant and because life is so precious. This neighborhood is a very quiet and peaceful residential neighborhood – except for the Carlthorp School. Topic 2E) Grass surface replaced without approval: In Attachment G (to the 11/4/2020 Planning Commission hearing), the Annotated 1996 STOA, the Applicant admitted that it defied Condition #59 of its existing CUP, essentially disrespecting the City and its neighbors by unilaterally tearing out its grass – that it is required to have and maintain – and replacing it with artificial turf that, instead of emitting fresh oxygen as grass does, emits harmful noxious fumes that adversely affect the health of its neighbors and caused Item 6.A 02/22/22 137 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 715 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 14 my dear sweet mother to suffer and contributed to her demise. The Applicant apparently misled the Planning Commission and the public again, here, by rationalizing and not disclosing the real reason the Applicant replaced the required grass with artificial turf: so that the Applicant could produce noisy outdoor activity all day long instead of only on a limited basis. The Applicant has admitted that it is – and has been for many years – in violation of this condition of the 1996 STOA; Condition #31 prohibits the Applicant from receiving any additional entitlements “until such violation has been fully remedied,” which it has not (with respect to this Condition #59 and other Conditions); and therefore, the Planning Commission should not have approved the Applicant’s proposals. Artificial turf also prevents rainwater from seeping into the soil and down into the water table. (See 2B, above.) Topic 2F) Obstructed clear view through front fence: The Applicant is, and has obviously been openly defying its CUP for a number of years on a continuing basis, not in compliance with this Condition. This Condition requires that the front yard fence and landscaping shall be “installed and maintained so as not to obstruct a clear view through the fence.” It is plainly obvious to anyone passing by the Applicant’s parcel in the front on San Vicente Boulevard that the view through the fence is completely obstructed. Photos taken 21 months ago depict that obstructed view. (Please see photos attached to my 5/20/2020 comment letter that were taken on 5/19/2020.) The view today is still obstructed. I have photos taken on the day of the November 4, 2020 Planning Commission hearing, and on 2/20/2022, which prove that the view is completely obstructed. The Applicant is also in open defiance of SMMC Section 9.08.030.F.4., which requires that Applicant’s courtyard “shall be visible and accessible from the sidewalk.” Pursuant to the 1996 STOA, Condition #31, the Santa Monica City Council should not approve the Applicant’s application because the Applicant was not in compliance with its existing CUP. (See 2B, above.) 2H) Inconsistency of prior assertions by applicant regarding student enrollment and number of staff: Staff misunderstands my assertions. I am saying that the Applicant made representations to the City and to the public that it would only increase its employee staff from 22 full and part time employees to 34 full and part time employees and that the City and the public relied on such representations when the process occurred in granting the Applicant its current CUP. The City should require that the Applicant reduce its staff level to approximately the level that it represented to the City and to the public when it was granted its current CUP. If any entitlements are granted to the Applicant, such entitlements should be conditioned upon limiting Applicant’s staff to approximately 34 people. And, certainly any language in any conditions should not prevent the public from asserting these issues in the future. In other words, any entitlements and conditions should not say or imply that the Applicant may have a staff level as high as any specified number above approximately 34 people. 3A) Number of stories: Staff overlooks the fact that the Lower Level of the building does not meet the code requirements to be a basement and is therefore a three-story building. (See section, above, named The Applicant’s and Staff’s Parcel Coverage Calculations of Item 6.A 02/22/22 138 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 716 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 15 the Proposed Project are Incorrect and Exceed the Allowable Limit Under the Code, Including With the Minor Modification that the Applicant Requests.) 3E) Offices within apartment: This conversion occurred for several years earlier this century and through much of the last decade. (I did not say that the conversion was still ongoing. They closed those offices probably in preparation for their current application.) I referred to that conversion to illustrate that the Applicant has disrespected and flouted the Planning Commission and the laws of the City and to suggest that the Applicant is cavalier regarding respecting City ordinances, its CUP conditions, and its neighbors. 3F) School did not engage in neighborhood outreach: There was a public meeting, which I went to, but the meeting was very brief, substantially shorter than had been announced. I had various questions that I raised after the meeting but still within the scheduled time. Before I had an opportunity to ask all of my questions, several other members from the public that had remained and I were all asked to leave. I, not the Applicant, reached out by calling Tim Kusserow a few months later to discuss the project, but that was like speaking with a block wall. A few neighbors and I later arranged a conference call with Mr. Kusserow (or possibly someone else at the school), but that experience was also fruitless. Mr. Kusserow left the call after a short while and I was not permitted to even speak during the call. I later reached out to the Applicant’s law firm, who responded by having Melissa Sweeney contact me. But she had no authority to consider actual public concerns. She told me that she would get back to me but she didn’t, even after I subsequently tried to reach her. I am not aware of any other so-called outreach. The only public outreach was a perfunctory effort to present minimal information to the public. It was not true public outreach because there was zero receptivity by the Applicant regarding any and all public input. The Applicant was completely dismissive of any public input. It is disingenuous to describe the Applicant’s contact with the public as actual “outreach.” 4A) Parking requirement for classroom vs multipurpose room: The Staff here has it backwards. The Applicant has provided a description of the multipurpose room, which clearly states that it WILL be used as a classroom. (See section named The Multipurpose Room is a Classroom, above; and see, Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard, at 5 –7 (section titled, The Applicant’s Cover-up and Rationalization of the Additional Classroom Space) (describing in more detail how the multipurpose room will serve as a classroom). ) And, Condition #17, which purportedly is intended to deal with this issue is self-contradictory and unenforceable. (See id.) 6A) Noise and privacy: The mitigation measures that are proposed are inadequate and in some respects aggravate the problem. (See above, Noise Concerns.) 6B) Noise is excessive when windows are open: This is an example how Staff is only concerned with whether the Applicant is in compliance with the “letter” of the existing CUP and its conditions, as opposed to the spirit of not imposing upon its neighbors and Item 6.A 02/22/22 139 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 717 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 16 the community; or if it can artificially justify the bending or actual breaching of the existing CUP and its conditions. Here, double-paned windows were proposed, when the existing CUP was created, for some of the Applicant’s neighbors, to mitigate the outrageous noise created by the Applicant. However, such measure is completely ineffective during warm and hot days when it is necessary for such neighbors to open windows for air circulation. That amounts to more than half of the school year (plus summer school). I’ve been raising this issue throughout the process these past two years, but the Applicant, Staff, and the Planning Commission have ignored this issue. The City Council should not grant any additional entitlements until the Applicant and Staff actually and sincerely reach out to its neighbors and solve this issue. For more than 20 years this has been a major problem. I have complained numerous times to the Applicant and to law enforcement and nothing has ever been done to mitigate this extremely imposing problem. Children at random suddenly scream with high-pitched voices as loud as they can. Adults suddenly blow whistles, lead organized and synchronized cheering, and use walkie-talkies that grate the ears and nerves. The P.A. system suddenly is utilized. Without advance notice, suddenly an event occurs with amplified music, singing, talking, yelling and cheering. All of them randomly and suddenly yell at the top of their lungs. All of this causes enormous stress on the nerves, prevents concentration, and prevents speaking on the phone. And, for the size of the space and the proximity to its neighbors in this otherwise quiet and peaceful neighborhood, the Applicant very unreasonably imposes itself upon its neighbors and the Planning Department and the City has made unfair rationalizations on behalf of the Applicant. 6C) Excessive noise: This is another example how the existing CUP conditions were not well planned. The existing Condition #56, which requires staggering of playtime, is part of the problem. It would be better to have all playtime occur all at once and get it over with, rather than have it be loud throughout almost the entire day, as is the case now. That way, on warm and hot days, windows could at least be open part of the day, rather than forcing neighbors to swelter and suffocate the entire day. And, this could occur on a set schedule so that neighbors could have control over their day, rather than the school controlling the neighbors’ days. The City should reverse this condition to require the Applicant to have all playtime coordinated during shorter portions of the day on a set schedule. 6D) Excessive noise: The existing Condition #57 requires playgroups to be dispersed. However, the opposite is occurring during loud organized cheering. Also, I don’t see how the noise could be much worse so probably the Applicant is not adhering to this condition in other ways. 7A) Privacy impacts: See my fourth bullet point under The City Council Report, relating to page 8 of that report. Also, as I’ve said before in another earlier submission: Faculty, parents, and children commonly trespass neighboring properties on their way to and from school. 8A) Documents withheld: I still have not received all of the documents that I have requested from the City pertaining to this appeal Item 6.A 02/22/22 140 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 718 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 17 8B) Questions not answered: Staff asserts in its Response to 8B in Attachment E that “Staff has responded to questions during multiple phone and virtual meetings with multiple staff members.” Such statement is grossly misleading. Since I filed the appeal, there were three – and not more than three – phone calls since I filed the appeal when I presented substantive questions. The first phone call was on 4/14/2021 with Jing Yeo. Most of that call dealt with my asking a threshold question that had to be asked before I could move to the actual questions that I needed to ask. However, Jing was stuck on giving me an answer that defied geometric logic and fundamental rules of geometry, math, and physics. (She was stuck on the notion that a “level” of a structure was based on a single point in such structure and that there were infinite numbers of “levels” related to the corresponding infinite points in a structure. Such notion defies geometric logic and fundamental rules of geometry, math, and physics because a level cannot exist in a single point, or stated another way, in zero dimensional space.) We ran out of time for that call so I asked her to think about it and we’d pick that up on the next call, which we planned for 4/27/2021. Almost as soon as we began speaking on 4/27/2021, Jing had already come around to my way of thinking. There was some important progress that I made in asking my questions during those two calls in April and one important question (or group of very similar questions) that was answered on 10/19/2021, which covered only about five minutes of that call in October. (Some of the detail of those answers has been explained above.) But almost everything else about the call on 10/19/2021 was a waste of time, whereby Jing outright refused to answer my questions. There was a trail of thought that I was taking Jing down using diagrams from the Plan pages, in which I was leading her to questions that I was trying to ask and she was finally being receptive. However, David Martin had set that call up with him, Stephanie Reich, and Gina also on the call. I need and needed specific questions answered regarding the zoning code and Jing is the Zoning Administrator, who has the responsibility to explain and clarify the zoning code. My questions were directed at Jing and not Stephanie. However, as I explained to David Martin in my email of 10/29/2021: “However, my questions are of the nature, which are for the Zoning Administrator, particularly because some of my questions are complicated, and about complicated issues and definitions.… Jing is the Zoning Administrator – not Stephanie. . . . [I]t is her responsibility to make these determinations, and yours I guess as the Director. Multiple times Stephanie disrupted the flow of my questions and descriptions, interrupting because she had difficulty following along, as she indicated. [And, e]ach time Stephanie interrupted, it was just as I was about to get [to where I needed Jing to go in her mind and with the diagrams for me to ask my questions].” Thus almost all of the 10/29/2021 conference call was a waste of time and I still hadn’t gotten to ask my questions. Item 6.A 02/22/22 141 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 719 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 18 Staff’s Response to 8B in Attachment E that “Staff has responded to questions during multiple phone and virtual meetings with multiple staff members” is grossly misleading. Staff’s assertion, in its Response to 8B in Attachment E, “staff has provided written correspondence to comprehensively answer all questions” is absolutely and brazenly FALSE. Staff has stonewalled me and refused to answer my questions, while simultaneously attempting to cram down a hearing down upon me. I began requesting that the Zoning Administrator, Jing Yeo, answer my questions more than 13 months ago in early January 2020. She was very busy for a couple of months and then I had an injury that delayed a couple weeks. In April 2021, Jing and I got off to a good start in phone calls on 4/14/2021 and 4/27/2021, whereby we resolved to continue the process by email. On 5/12/2021, I sent her an email with various questions and requests for confirmations of what she had told me during April on the phone. She told me that I would receive answers within or shortly after a couple weeks. I followed up with approximately a dozen emails and phone calls when she was not forthcoming. Jing went completely dark on me, failing to respond in any way whatsoever. After that, the only times Jing contacted me was by email and then only after I would explain the circumstances to the City Manager (first John Jalili and then David White) and that I wasn’t getting my questions answered. My first contact with the City Manager, John Jalili, was in early July 2021, and Jing followed up with an email addressing some of my questions. But her answers were vague and opaque and mostly not on point and incomplete. For more than the following seven months, I would promptly reply to her emails regarding my questions, asking her to actually answer my questions. But she would not respond to my email replies, unless and until I contacted the City Manager again, and then and only then would she reply to my emails. I also attempted to reach out to David Martin, the Director of the Planning Department, with numerous emails and phone calls, attempting to get him to motivate Jing to properly answer my emails. The only times David Martin got back to me was shortly after I contacted the City Manager. Additional detail is explained, above, in the section discussing the unfair process. (The email strings with Jing Yeo and David Martin, since 5/12/2021, are being included along with this Supplement.) Staff’s assertion, in its Response to 8B in Attachment E, “staff has provided written correspondence to comprehensively answer all questions” is absolutely and brazenly FALSE. 8C) Premature Planning Commission hearing: “Multiple hearing delays were granted” implies that such delays were granted due to my causing that to be necessary. All delays relating to the Planning Commission hearing were due to the City choosing on its own to delay the hearing date or because the City had failed to follow through on commitments to provide me with information, answers to questions, and documents. Almost all of the delay occurred due to the City’s own choosing for its own reasons. The two delays relating to the City not following through on commitments to me was only one week in May 2020 and approximately two weeks in October 2020, and I still had not received all of the documents that I had asked for when the hearing was held on 11/4/2020. Item 6.A 02/22/22 142 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 720 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 19 Staff’s assertion, in its Response to 8D in Attachment E, “Multiple hearing delays have been granted” is very misleading. Any and all delays in bringing this matter before the City Council is due to delays caused by the City, except for an approximately two week delay that I needed due to an injury that I suffered in late March 2021. All other delays in this process were due to Jing Yeo, the Zoning Administrator, being too busy to answer my Zoning Code questions during the winter of 2021, and then since 5/12/2021, her refusing to respond to me and her answering my questions and requests for clarifications and confirmations of oral statements in a vague, opaque, unspecific, and off the point manner and also her refusing to answer my questions. (See detailed discussion in response to 8B and in discussions above relating to the unfairness of the process and attached email strings with Jing Yeo, David Martin, Regina Szilak, and David White.) 8D) Requested appellant to confirm February 22, 2022 appeal hearing date on November 29, 2021: The City here makes a false and misleading statement. The City notified me weeks after setting the 2/22/2022 hearing date and weeks after notifying the Applicant that the hearing date had been set for that date. The City’s email on 11/29/2021 did not ask me to confirm the 2/22/2022 date for the hearing; it only mentioned 2/22/2022 as a potential hearing date. I responded on 12/8/2021, rejecting such date by indicating that setting a hearing date at that time was “premature and grossly unfair until I have had the opportunity to have my questions and requests for clarifications properly addressed and fully vetted.” I was not notified that the City wanted to proceed with 2/22/2022 until 2/1/2022, which was weeks after the City had notified the Applicant that that was a set date and more than 10 days after I first started requesting that the City confirm or deny whether that date had been set based on rumors I had heard. (See submitted email strings with Regina Szilak, Jing Yeo, David Martin, and David White.) And, I didn’t really know that 2/22/2022 would be the hearing date until 2/17/2022. (See email strings with David White, and particularly my email to David White, dated 2/18/2022.) The City deceived me and misled me and failed to properly notify me as to the hearing date and gave substantial deference to the Applicant against my interests as the Appellant, and the City has done that throughout this process. The City Council Report The City Council Report states in the context of “the impact of loading/unloading and parking on the surrounding neighborhood[, that] [n]o new parking impacts are associated with the current proposal.” (City Council Report, at 7.) That is an absurd finding. The Applicant has said that it intends to hold music and dance performances in the proposed multipurpose room. The multipurpose room will at times serve as an auditorium/theater with a substantial capacity. And the addition of the proposed multipurpose room and the proposed rooftop play court will add substantial space for events that are more intense than are currently held. The Applicant will be able to host larger crowds of visitors, which would require larger numbers of staff to monitor the events. At large events, the Applicant might choose to even hire temporary workers for the event, particularly if valet parking is permitted, which is a very bad idea. The school already commonly hires (or invites) musical bands and other performing arts, and various other services when it Item 6.A 02/22/22 143 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 721 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 20 conducts events. The school will likely hire catering services. All those people have to park somewhere if they drive there. All of these people will impact parking needs that will impact the community and the surrounding neighborhood. There are many other examples that would impact the neighborhood. The City Council Report describes conditions to “provide concrete direction and guidance to further … dialogue” with the neighborhood. (City Council Report, at 8.) Those conditions are joke: A school appointed liaison would not accomplish anything. For decades I have reached out to head administrators at the school and asked them to limit noise and with numerous other problems. They never do anything and only offer excuses. I’ve complained many times to the police and to Code Enforcement and nothing ever gets solved. A school appointed liaison would work for the Applicant and have no authority that the neighborhood could rely on to represent our interests. Netting surrounding the upper-level play court would be ugly, as would the 30+ high wall surrounding the play court, and it would exceed the height limit in the zoning code. As discussed, above, the Conditions (Condition 17) is self-contradictory and unenforceable and would not ensure that the multipurpose room would not be used as a classroom. The landscape screen does not solve privacy concerns; it aggravates privacy concerns. That “solution” is outrageously horrible for residents in the adjacent residential building across from that area of the school and would fail to protect the privacy of such residents. It would only serve to protect the privacy of the school but would do the opposite for those residents. Landscape screens are opaque from a distance but are semi-transparent when someone is up close. Such screens tend to have openings and develop tears (both minor and major) that are completely transparent, and they tend to degrade over time, thus reducing their opacity. Therefore, anyone at the school going up and down the stairwell or anywhere close to the screen could peer and stare into the opposing windows on the east side of the adjacent residential building. And, people inside those residences would not even be able to detect that someone is peeping into their windows, thus creating the constant concern and anxiety that someone (or even a hidden camera) could be watching at any time. Such “solution” is an invasive disruption to the privacy of the people in the adjacent building. The solution is very simple: Don’t allow the rooftop play court to be built. Short of that, don’t allow the stairwell on the western perimeter to be built. Short of that, require the stairwell to be fully enclosed with walls, or at least a wall on the outside side of the stairwell that is at least 7 feet high. The Applicant should absolutely not be permitted to have valet service. It would create enormous stress on the neighborhood and only compound the parking and traffic impact on the neighborhood. Item 6.A 02/22/22 144 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 722 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 21 The City Council Report when in reviewing my Appeal Statement fails to consider issues brought forth here in this statement and additional issues that I still wish to formulate and present because: The City refused to answer my zoning code questions after having committed to me that it would answer such questions sufficiently in time for me to provide additional follow up questions that build on such zoning code questions, and sufficiently in advance of scheduling a hearing date. (See above.) The City also failed to fulfill my information requests, and in a timely manner. Item 6.A 02/22/22 145 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 723 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 146 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 724 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 147 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 725 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 148 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 726 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 Vernice Hankins From:Savis Zarrabian <savisesq@gmail.com> Sent:Tuesday, February 22, 2022 9:46 AM To:councilmtgitems Cc:Regina Szilak; Phil Brock Subject:Appeal 20ENT-0275 (Permit 19ENT-0250 and 20ENT-0066) - 438 San Vicente Blvd. EXTERNAL    To: Santa Monica City Clerk and the Santa Monica City Council  Re: Carlthorp School Appeal    As resident neighbors for over 20 years, we are opposed to the granting of any form of Conditional Use Permits to  Carlthorp School, located at 438 San Vicente Blvd. Not only does Carlthorp have insufficient parking for its own staff, but  for visitors and parents as well. In fact, every day we observe Carlthorp employees, visitors and parents parking their  vehicles in the limited street spaces available for the area residents on San Vicente Boulevard, 4th Street and Georgina.  As a result, the area has become unnecessarily congested, with street parking becoming incredibly difficult for residents  to find, many of whom are elderly or disabled.  The problem would be greatly reduced if Carlthorp expanded its parking  facilities to support its needs, instead of other operations.     Throughout the greater Los Angeles and Santa Monica area, street parking is restricted by permit near schools. One  need not look further than the streets adjacent to Santa Monica High School, Santa Monica College and countless other  area schools. However, the streets near and around Carlthorp are open to the public, rendering them available for  Carlthorp’s business use. This is highly inappropriate as it is.     Simply said, the streets are already congested and now overcrowded due to Carlthorp’s expansion over the last few  years. Carlthorp staff, parents and visitors have had a substantively adverse impact on the quality of life for area  residents, who, like us, continually weigh their options when considering a short trip out of fear that there will be no  parking available upon their return.       Any further expansion of Carlthorp will only compound this existing problem. Therefore, we strongly oppose the current  Conditional Use Permit until the school can provide its own private parking for staff, visitors and parents as needed  without over burdening the limited street parking that is available to the area residents.    Thank you.  Ebby & Savis Bakhtiar  Item 6.A 02/22/22 149 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 727 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 150 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 728 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 151 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 729 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 152 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 730 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 153 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 731 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 154 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 732 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 155 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 733 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 156 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 734 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 157 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 735 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 158 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 736 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 159 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 737 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 160 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 738 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 161 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 739 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 162 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 740 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 163 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 741 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 164 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 742 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 165 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 743 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 166 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 744 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 167 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 745 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 168 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 746 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 169 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 747 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 170 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 748 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 171 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 749 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 172 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 750 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 173 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 751 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 174 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 752 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 175 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 753 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 176 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 754 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 177 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 755 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 178 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 756 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 179 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 757 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) BASEMENT FLOOR +97'-3" BASEMENT FLOOR +97'-3" PL LOWER BASEMENT FLOOR +89'-8" LOWER BASEMENT FLOOR +89'-8"4' - 0"3' - 8"BASEMENT LEVEL (ABOVE) +97'-3" STAGE +91'-8" NEW MULTI-PURPOSE RM NEW ELEVATOR TIERED SEATING STORAGE CLASSROOM - BREAK OUT ROOM CLASSROOM - SPANISH EXISTING CLASSROOM/ MULTI-PURPOSE RM CLASSROOM - MATH READING P.E. OFFICE PL STORAGE FACILITIES OFFICE MAIN POWER SHUT OFF ELEV ROOM SERVER ROOM STOR STOR RESTROOMS FACULTY LOUNGE STOR +91'-8"HVO5' - 0"EXISTING READING ROOM TO BE CONVERTED TO RESTROOMS NEW STAIR AND PARTITION CORRIDOR 1 A300-B/C 1 A300-B/C 2 A300-B/C 2 A300-B/C SEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-B SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:34:59 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A120-B BASEMENT FLOOR PLAN - PARCEL COVERAGE 11.16.20 SUPPORT SPACE IMPROVEMENTS* BASEMENT AREAS SHOWN DO NOT CONTRIBUTE TO THE PARCEL COVERAGE CALCULATION. FLOORING ABOVE THESE BASEMENT AREAS ARE ALL 3 FEET OR LESS ABOVE AVERAGE NATURAL GRADE. SEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS Item 6.A 02/22/22 180 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 758 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) UPUPDNDNDN UPNEW ENCLOSURE OF EXISTING LUNCH SEATING OUTLINE OF MULTI-PURPOSE ROOM BELOW GRADE PLANTERHANDICAPPED PARKINGHANDICAPPED PARKING BIKE RACK HEDGECLASSROOM - KINDERGARTEN CLASSROOM - 6TH GRADE CLASSROOM - 6TH GRADE CLASSROOM - 1ST GRADE CLASSROOM - 1ST GRADE RECEPTION/ FRONT OFFICE BOARDROOM KITCHEN CLASSROOM - KINDERGARTEN CL OF ALLEY NEW BIKE RACKS 10' - 0"139' - 11"35' - 11"1 A300-B/C 1 A300-B/C 2 A300-B/C 2 A300-B/C EXISTING PARKING CLASSROOM CLASSROOM PORCH CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F) NEW ELEVATOR NEW ELEVATORCLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F) EXISTING OPENING AT END OF UNENCLOSED CORRIDOR TO REMAIN OPENING IN NEW WALL AT END OF EXISTING UNENCLOSED CORRIDOR OPEN/UNENCLOSED NEW PARCEL COVERAGE: NEW ENCLOSED LUNCH SEATING = 843 SF TOTAL NEW MAIN LEVEL PARCEL COVERAGE = 2,462 SF NEW ELEVATORS = 278 SF EXISTING MAIN LEVEL PARCEL COVERAGE: PARCEL COVERAGE CALCULATIONS TOTAL PARCEL AREA FROM SURVEY): FIRST FLOOR (MAIN LEVEL): EXISTING PARCEL COVERAGE: 18,536 SF TOTAL MAIN LEVEL PARCEL COVERAGE: EXISTING = 18,536 SF TOTAL (EXISTING + NEW) =20,998 SF NEW = 2,462 SF NEW MAIN LEVEL PARCEL COVERAGE: TOTAL MAIN LEVEL PARCEL COVERAGE: (NEW + EXISTING) 18,536 SF (39.98 % OF PARCEL AREA) 46,362.50 SF 2,462 SF (5.31 % OF PARCEL AREA) 20,998 SF (45.29 % OF PARCEL AREA) FOR PURPOSES OF CODE COMPLIANCE NOTE: THE CLASSROOMS ALONG THE REAR ALLEY ARE TREATED AS THE UPPER LEVEL FOR PURPOSES OF THIS CALCULATION OF PARCEL COVERAGE PER THE DEFINITIONS CONTAINED IN THE ZONING ORDINANCE. SEE FLOOR LEVEL DIAGRAMS FOR MORE INFO. AREA UNDER STRUCTURE = 1,231 SF NEW STAIR = 110 SF SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:35:02 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A121-B FIRST (MAIN) FLOOR PLAN - PARCEL COVERAGE 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS Item 6.A 02/22/22 181 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 759 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) +119'-6" NEW ADMIN OFFICES NEW ELEVATOR NEW ELEVATOR PL LIBRARY CLASSROOM - COMPUTER LAB OFFICEOFFICEOFFICEOFFICE CLASSROOOM - ART ROOM CLASSROOM - READING ROOM CLASSROOM - 5TH GRADE CLASSROOM - 5TH GRADE OFFICE OFFICE OFFICE NEW STAIR 1 A300-B/C 1 A300-B/CSEE FIRST FLOOR/ MAIN LEVEL PLAN ON SHEET A121-B SCIENCE CLASSROOM - 4TH GRADE CLASSROOM - 4TH GRADE CLASSROOM - 3RD GRADE CLASSROOM - 3RD GRADE CLASSROOM - 2ND GRADE OVERHANG OF ROOFTOP PLAY COURT ABOVE 2 A300-B/C 2 A300-B/C CLASSROOM PORCH CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (G) SEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-B THIS PORTION OF STAIR EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (G) OPENING AT END OF EXISTING UNENCLOSED CORRIDOR, SEE FIRST FLOOR/MAIN LEVEL PLAN FOR PURPOSES OF CODE COMPLIANCE PARCEL COVERAGE CALCULATIONS TOTAL NEW UPPER LEVEL PARCEL COVERAGE = 1,531 SF NEW ELEVATORS = 290 SF NEW ADMIN OFFICES = 840 SF SECOND FLOOR (UPPER LEVEL): NEW PARCEL COVERAGE: EXISTING PARCEL COVERAGE: 16,985 SF TOTAL UPPER LEVEL PARCEL COVERAGE: EXISTING = 16,985 SF TOTAL (EXISTING + NEW) =18,516 SF NEW = 1,531 SF 90% OF MAIN LEVEL PARCEL COVERAGE ALLOWED BASED ON MINOR MODIFICATION INCREASE TO 45.29% OF TOTAL PARCEL AREA: TOTAL UPPER LEVEL PARCEL COVERAGE: (NEW + EXISTING) 18,516 SF ( < 90 % OF MAIN LEVEL PARCEL COVERAGE) 20,863.13 SF x .45 46,362.50 SFMAIN LEVEL PARCEL COVERAGE ALLOWED BY CODE: 18,898.2 SF x .90 20,998 SF AREA UNDER STRUCTURE = 401 SF MAIN LEVEL PARCEL COVERAGE ALLOWED BY MINOR MODIFICATION (45.29%) 20,998 SF SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/30/20 12:40:02 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A122-B SECOND (UPPER) FLOOR PLAN - PARCEL COVERAGE 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS Item 6.A 02/22/22 182 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 760 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) NEW ROOFTOP CHILDREN'S PLAY COURT (OPEN AIR) +126'-6" EXISTING ROOF PL 1 A300-B/C 1 A300-B/C 2 A300-B/C 2 A300-B/C NEW ELEVATOR NEW ELEVATOR NEW STAIR BELOW NEW OFFICES BELOW SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:35:06 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A123-B ROOF PLAN - PARCEL COVERAGE 11.16.20 SUPPORT SPACE IMPROVEMENTS* THIS FLOOR PLAN DOES NOT CONTRIBUTE TO THE LOT COVERAGE CALCULATION. SEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS Item 6.A 02/22/22 183 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 761 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) (E) UPPER LEVEL +119' -6" (E) Top of Roof +134' -0" (E) A.N.G. +104' -6" (E) Basement Floor Upper +101' -6" (E) First Floor Upper +110' -0" Top of Court +126' -6" NEW ELEVATED OPEN AIR PLAY COURT EXISTING PARKING EXISTING CLASSROOMS 8' - 0"30' - 0"PLAY COURT STORAGE INTERSTITIAL/ATTIC SPACE - NOT OCCUPIABLE CLASSROOM MAIN LEVEL UPPER LEVEL MAIN LEVEL LOWER LEVEL 3' - 0"NEW CLASSROOM CEILING AND BUILDING ENVELOPE 7' - 6"7' - 0"9' - 6"5' - 6"3' - 0"5' - 3"(E) UPPER LEVEL +119' -6" (E) Top of Roof +134' -0" (E) MAIN LEVEL +107' -6" (E) LOWER LEVEL +97' -3" (E) A.N.G. +104' -6" (E) Basement Floor Upper +101' -6" (E) First Floor Upper +110' -0" Basement Floor Lower +89' -8" (E) Roof +130' -3 1/2" Top of Court +126' -6" NEW ELEVATED OPEN AIR PLAYCOURT EXISTING CLASSROOM EXISTING PARKING EXISTING MULTI-PURPOSE ROOM NEW ADMINISTRATIVE ADDITION NEW ELEVATOR NEW ELEVATOR BEYOND NEW ENCLOSURE OF EXISTING LUNCH SEATING 3' - 9"3' - 10"7' - 0"9' - 6"2' - 6"3' - 0"3' - 0"4' - 3"7' - 7"EXISTING STRUCTURE TO BE REMOVED EXISTING BUILDING 30' - 0"UPPER LEVEL MAIN LEVEL LIBRARY UPPER LEVEL CLASSROOM MAIN LEVEL LOWER LEVEL CLASSROOM PORCH CLASSROOM PORCH NEW CLASSROOM CEILING AND BUILDING ENVELOPE (THIS PORTION OF CLASSROOM PORCH IS ON MAIN/FIRST LEVEL) (THIS PORTION OF CLASSROOM PORCH IS ON UPPER/SECOND LEVEL) CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F) CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F)&(G)OPEN 8' - 0"INTERSTITIAL/ATTIC SPACE - NOT OCCUPIABLE 5' - 3"SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/30/20 12:39:07 PM 1/8" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A300-B/C SECTION DIAGRAMS 11.16.20 SUPPORT SPACE IMPROVEMENTS1/8" = 1'-0"1 E/W SECTION THROUGH ELEVATED COURT LEVEL DIAGRAM 1/8" = 1'-0"2 N/S SECTION THROUGH MULTI-PURPOSE ROOM & ELEVATED COURT - LOT COVERAGE SEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS SMMC 9.52.020.0180 Attic. The area less than 7 feet in height, located above the ceiling of the top story and below the roof that is not usable as habitable or commercial space and is not accessible via a permanent access structure. An attic shall not be considered a story. Item 6.A 02/22/22 184 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 762 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) +97'-3" PL +89'-8" +89'-8" LOWER LEVEL (ABOVE) +97'-3" STAGE +91'-8" NEW MULTI-PURPOSE RM NEW ELEVATOR TIERED SEATING STORAGE BREAK OUT ROOM SPANISH EXISTING MULTI-PURPOSE RM MATH READING P.E. OFFICE PL STORAGE FACILITIES OFFICE MAIN POWER SHUT OFF ELEV ROOM SERVER ROOM STOR STOR FACULTY LOUNGE STOR +91'-8" EXISTING READING ROOM TO BE CONVERTED TO RESTROOMS & SHOWERS NEW STAIR AND PARTITION CORRIDOR 5' - 0"5' - 0" 8 (N) STAFF LOCKERS LOWER LEVEL (+97' -3") +0' -0" -7' -7" -5' -7" 1 A300-B/C 1 A300-B/C SEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-C 2 A300-B/C 2 A300-B/C BASEMENT FLOOR +97'-3" SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:34:59 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A120-C BASEMENT FLOOR LEVEL DIAGRAM (LOWER LEVEL) 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS Item 6.A 02/22/22 185 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 763 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) UPUPDNDNDN UPNEW ENCLOSURE OF EXISTING LUNCH SEATING OUTLINE OF MULTI-PURPOSE ROOM BELOW GRADE PLANTERHANDICAPPED PARKINGHANDICAPPED PARKING BIKE RACK HEDGECLASSROOM - KINDERGARTEN CLASSROOM - 6TH GRADE CLASSROOM - 6TH GRADE CLASSROOM - 1ST GRADE CLASSROOM - 1ST GRADE RECEPTION/ FRONT OFFICE BOARDROOM KITCHEN CLASSROOM - KINDERGARTEN CL OF ALLEY PROPOSED BIKE RACKS 1 A300-B/C 1 A300-B/C MAIN LEVEL +0' -0" MAIN LEVEL (+107' -6") +0' -0" +1' -3" -6' -0"CLASSROOM 2 A300-B/C 2 A300-B/C EXISTING PARKING CLASSROOM PORCH NEW ELEVATOR NEW ELEVATOR CLASSROOM PORCH SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:38:02 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A121-C FIRST FLOOR LEVEL DIAGRAM (MAIN LEVEL) 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS Item 6.A 02/22/22 186 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 764 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) +119'-6" NEW ADMIN OFFICES PL LIBRARY CLASSROOM - COMPUTER LAB OFFICEOFFICEOFFICEOFFICE CLASSROOOM - ART ROOM CLASSROOM - READING ROOM CLASSROOM - 5TH GRADE CLASSROOM - 5TH GRADE OFFICE OFFICE OFFICE NEW STAIR UPPER LEVEL (+119' -6") +0' -0" 1 A300-B/C 1 A300-B/CSEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-C -9' -6" SCIENCE CLASSROOM - 4TH GRADE CLASSROOM - 4TH GRADE CLASSROOM - 3RD GRADE CLASSROOM - 3RD GRADE CLASSROOM - 2ND GRADE 2 A300-B/C 2 A300-B/C NEW ELEVATOR NEW ELEVATORSEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-C SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:35:05 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A122-C SECOND FLOOR LEVEL DIAGRAM (UPPER LEVEL) 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS Item 6.A 02/22/22 187 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 765 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 A300-B/C 1 A300-B/C EXISTING ROOF NEW STAIR BELOW NEW OFFICES BELOW PL ROOFTOP PLAY COURT 126' -6" 2 A300-B/C 2 A300-B/C NEW ELEVATOR NEW ELEVATOR SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:35:08 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A123-C ROOF PLAN LEVEL DIAGRAM 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS Item 6.A 02/22/22 188 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 766 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 189 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 767 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 190 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 768 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 191 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 769 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 192 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 770 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 193 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 771 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 194 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 772 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 195 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 773 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 196 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 774 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 197 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 775 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 198 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 776 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 199 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 777 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 200 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 778 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 201 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 779 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 202 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 780 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 203 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 781 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 204 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 782 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 205 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 783 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 206 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 784 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Item 6.A 02/22/22 207 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 785 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 208 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 786 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 209 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 787 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 210 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 788 Attachment: Written Comments (5012 : Appeal 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of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 797 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 220 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 798 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 221 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 799 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 222 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 800 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 223 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 801 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 224 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 802 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 225 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 803 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 226 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 804 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 227 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 805 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 228 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 806 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 229 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 807 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 230 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 808 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 231 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 809 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 232 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 810 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 233 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 811 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 234 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 812 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 235 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 813 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 236 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 814 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 237 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 815 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 238 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 816 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 239 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 817 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 240 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 818 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 241 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 819 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 242 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 820 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 243 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 821 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 244 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 822 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 245 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 823 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 246 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 824 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 247 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 825 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 248 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 826 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 249 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 827 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 250 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 828 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 251 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 829 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 252 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 830 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 253 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 831 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 254 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 832 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 255 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 833 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 256 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 834 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 257 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 835 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 258 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 836 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 259 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 837 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 260 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 838 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 261 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 839 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 262 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 840 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 263 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 841 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 264 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 842 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 265 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 843 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 266 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 844 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 267 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 845 Attachment: Written Comments (5012 : Appeal Planning Item 6.A 02/22/22 268 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 846 Attachment: Written Comments (5012 : Appeal Planning Commission Item 6.A 02/22/22 269 of 269 Item 6.A 02/22/22 6.A.g Packet Pg. 847 Attachment: Written Comments (5012 : Appeal Planning Commission CUP and Modification 6.A.h Packet Pg. 848 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 849 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 850 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 851 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 852 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 853 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 854 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 855 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 856 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 857 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 858 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 859 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 860 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 861 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 862 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 863 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 864 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 865 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 866 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 867 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 868 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 869 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 870 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 871 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 872 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 873 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 874 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 875 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 876 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 877 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 878 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 879 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 880 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 881 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 882 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 883 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 884 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 885 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 886 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 887 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 888 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.h Packet Pg. 889 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 1 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 890 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 891 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 892 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 893 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 894 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 895 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 896 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 897 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 898 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 899 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 900 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 901 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 902 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 903 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 904 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 905 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 906 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 907 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 908 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 909 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 910 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 911 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 912 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.i Packet Pg. 913 Attachment: ADD-TO: Supplement to Appellant's Appeal Statement Received 2/22/22 Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) FOR PURPOSES OF CODE COMPLIANCE PARCEL COVERAGE CALCULATIONS TOTAL NEW UPPER LEVEL PARCEL COVERAGE = 1,531 SF NEW ELEVATORS = 290 SF NEW ADMIN OFFICES = 840 SF SECOND FLOOR (UPPER LEVEL): NEW PARCEL COVERAGE: EXISTING PARCEL COVERAGE: 16,985 SF TOTAL UPPER LEVEL PARCEL COVERAGE: EXISTING = 16,985 SF TOTAL (EXISTING + NEW) =18,516 SF NEW = 1,531 SF 90% OF MAIN LEVEL PARCEL COVERAGE ALLOWED BASED ON MINOR MODIFICATION INCREASE TO 45.29% OF TOTAL PARCEL AREA: TOTAL UPPER LEVEL PARCEL COVERAGE: (NEW + EXISTING) 18,516 SF ( < 90 % OF MAIN LEVEL PARCEL COVERAGE) 20,863.13 SF x .45 46,362.50 SFMAIN LEVEL PARCEL COVERAGE ALLOWED BY CODE: 18,898.2 SF x .90 20,998 SF AREA UNDER STRUCTURE = 401 SF MAIN LEVEL PARCEL COVERAGE ALLOWED BY MINOR MODIFICATION (45.29%) 20,998 SF NEW PARCEL COVERAGE: NEW ENCLOSED LUNCH SEATING = 843 SF TOTAL NEW MAIN LEVEL PARCEL COVERAGE = 2,462 SF NEW ELEVATORS = 278 SF EXISTING MAIN LEVEL PARCEL COVERAGE: PARCEL COVERAGE CALCULATIONS TOTAL PARCEL AREA FROM SURVEY): FIRST FLOOR (MAIN LEVEL): EXISTING PARCEL COVERAGE: 18,536 SF TOTAL MAIN LEVEL PARCEL COVERAGE: EXISTING = 18,536 SF TOTAL (EXISTING + NEW) =20,998 SF NEW = 2,462 SF NEW MAIN LEVEL PARCEL COVERAGE: TOTAL MAIN LEVEL PARCEL COVERAGE: (NEW + EXISTING) 18,536 SF (39.98 % OF PARCEL AREA) 46,362.50 SF 2,462 SF (5.31 % OF PARCEL AREA) 20,998 SF (45.29 % OF PARCEL AREA) FOR PURPOSES OF CODE COMPLIANCE NOTE: THE CLASSROOMS ALONG THE REAR ALLEY ARE TREATED AS THE UPPER LEVEL FOR PURPOSES OF THIS CALCULATION OF PARCEL COVERAGE PER THE DEFINITIONS CONTAINED IN THE ZONING ORDINANCE. SEE FLOOR LEVEL DIAGRAMS FOR MORE INFO. AREA UNDER STRUCTURE = 1,231 SF NEW STAIR = 110 SF PROJECT NAME: ADDRESS: OWNER: CONTACT: PROJECT DESCRIPTION: ZONING: EXISTING USE: PROPOSED USE: EXISTING ENROLLMENT: PROPOSED ENROLLMENT: EXISTING HOURS OF OPERATION: PROPOSED HOURS OF OPERATION: EXISTING HEIGHT: PROPOSED HEIGHT: EXISTING # OF CLASSROOMS: PROPOSED # OF CLASSROOMS: PROJECT INFORMATION CARLTHORP ELEMENTARY SCHOOL SUPPORT SPACE IMPROVEMENTS 438 SAN VICENTE BLVD. SANTA MONICA, CA 90402 CARLTHORP SCHOOL NOLA-RAE CRONAN, HEAD OF SCHOOL NEW MULTI-PURPOSE ROOM TO BE ADDED BELOW GRADE. AN ELEVATED PLAYCOURT TO BE ADDED ABOVE EXISTING SECOND-FLOOR CLASSROOMS ALONG REAR ALLEY. NEW SCHOOL ADMINISTRATION OFFICES TO BE BUILT ALONG INTERIOR COURTYARD ABOVE EXISTING LUNCH SEATING AREA TO BE ENCLOSED. NO ADDITIONAL CLASSROOMS, ENROLLMENT CAPACITY OR FACULTY. R2 / SAN VICENTE BOULEVARD COURTYARD APARTMENTS HISTORIC DISTRICT ELEMENTARY SCHOOL (K-6), GROUP E NO CHANGE 40 STUDENTS PER GRADE, TYP. NO CHANGE 8:00am - 3:00pm NO CHANGE 30' ABOVE AVERAGE NATURAL GRADE NO CHANGE 22 NO CHANGE 32 SPACES (+2 ACCESSIBLE STALLS) TANDEM SPACES APPROVED PER VAR95-022 NO CHANGE 21 SHORT TERM (1.5 / 20 STUDENTS) 11 LONG TERM (0.5 / CLASSROOM) TOTAL: 32 SPACES BIKE RACK AT FRONT ENTRY (12 SPACES) BIKE RACK AT REAR PARKING (8 SPACES) TOTAL: 20 SPACES 11 ADD'L SHORT TERM BIKE SPACES AT ENTRY 11 LONG TERM BIKE LOCKERS TOTAL: 22 SPACES FRONT YARD: 20' SIDE YARD: 8' MIN (10' AVERAGE) REAR YARD: 15' (TO CENTERLINE OF ALLEY) FRONT YARD: 21'-1" SIDE YARD: 16'-2" (WEST) 5'-8" (EAST) REAR YARD: 16'-4" (TO CENTERLINE OF ALLEY) FRONT YARD: NO CHANGE SIDE YARD: 10'-2" (WEST) NO CHANGE (EAST) REAR YARD: 15'-0" (TO CENTERLINE OF ALLEY) FLOOD ZONE X 185.69, 183.77, 190.36, 188.55 748.37 / 4 = 187.09 ANG ON-SITE URBAN RUNOFF DETENTION/PERCOLATION SYSTEM TO BE ADDED AS REQUIRED PER CODE. EXISTING PARKING: PROPOSED PARKING: REQUIRED BIKE PARKING: EXISTING BIKE PARKING: PROPOSED BIKE PARKING: REQUIRED SETBACKS: EXISTING SETBACKS: PROPOSED SETBACKS: FLOOD ZONE: AVERAGE NATURAL GRADE:: STORMWATER FILTRATION: FLOOR AREA CALCULATIONS PARCEL COVERAGE CALCULATIONS SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE CITY COUNCIL REVIEW SET (BASED ON PLANNING COMMISSION APPROVAL) 2/8/22 12:58:01 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A000 COVER 04.20.22 SUPPORT SPACE IMPROVEMENTS**Application to Amend Existing CUP for Existing Elementary School CARLTHORP ELEMENTARY SCHOOL SUPPORT SPACE IMPROVEMENTS FOR PURPOSES OF CODE COMPLIANCEFOR PURPOSES OF CEQA EXEMPTION BASEMENT/GROUND FLOOR PLAN - EXISTING GROUND/2ND FLOOR PLAN - EXISTING 2ND FLOOR/ROOF PLAN - EXISTING ROOF PLAN - EXISTING BASEMENT/GROUND FLOOR PLAN - PROPOSED GROUND/2ND FLOOR PLAN - PROPOSED 2ND FLOOR/ROOF PLAN - PROPOSED ROOF PLAN - PROPOSED BASEMENT/GROUND FLOOR PLAN - DEMO GROUND/2ND FLOOR PLAN - DEMO 2ND FLOOR/ROOF PLAN - DEMO ROOF PLAN - DEMO 6.A.j Packet Pg. 914 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) wat e r line handicap parking handicap parking 1 8 8 186 184 1 8 4 184 186 191 192 1 9 0 190 185 1 9 0 234.00 tpp 227.62 HP 227.68 HP 227.61 HP 234.68 HP 234.10 HP 234.52 HP 226.73 ARM 227.78 HP222.21 TPP 209.33 UT211.02 UT 207.80 UT 228.43 HP 228.46 HP 228.69 HP 203.64 UT 208.62 UT 203.78 UT 207.42 UT209.35 UT 231.87 HP228.47 HP 231.59 TPP 207.24 UT 208.12 UT203.95 UT 231.81 HP213.69 HP219.80 HP 228.40 HP228.26 HP 213.76 HP 231.86 HP 219.75 HP 213.62 HP 221.34 HP221.54 HP 221.52 HP 225.22 HP225.31 HP 8" vcp sanitary sewer on centerline 10.00'N 42° 37' 24" E 213.07' N 42° 06' 00" E 213.11' 10.00'N 47° 52' 56" W293.55'N 42° 37' 24" E 1342.43' 213.07' 218.55'N 47° 53' 43" W291.60' 216.60'CL PROPOSED ROOFTOP CHILDREN'S PLAY COURT (OPEN AIR) +126'-6" PROPOSED ADDITION PROPOSED ELEVATOR PROPOSED ELEVATOR PROPOSED STAIR WITH LANDSCAPED SCREENING EXISTING STRUCTURE SAN VICENTE BLVD GEORGINA PL FUTURE SOLAR PANELS PROPERTY LINE 10' - 0"15' - 0" TRASH & RECYCLING9' - 0"5' - 0"18' - 0"11' - 4"8' - 1"**ALLEY UTILITY LINES TO BE RELOCATED UNDERGROUND HEDGE HEIGHT 20' 8' TALL HEDGE TREE PROTECTION ZONE (10' FROM DRIPLINE) 1 0 ' - 0 "21' - 1"213' - 0"216' - 4"10' - 2" OF ALLEY PROPOSED BIKE RACKS (11 ADDITIONAL SPACES) 5' - 8"' CL EXISTING BIKE RACKS 12 SPACES TO CL OF ALLEY15' - 0" MINSHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE CITY COUNCIL REVIEW SET (BASED ON PLANNING COMMISSION APPROVAL) 2/8/22 12:58:03 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A001 PLOT PLAN 04.20.22 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1PLOT PLAN N 6.A.j Packet Pg. 915 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 4/23/20 3:49:19 PM CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A001 SITE SURVEY 200421 SUPPORT SPACE IMPROVEMENTSN 05.12.2004.20.22 SW CORNER: 183.77' (SURVEY) 101.15' (PERMIT DOCS) SE CORNER: 185.81(SURVEY) 103.19' (PERMIT DOCS) NE CORNER: 190.36'(SURVEY) 107.74' (PERMIT DOCS) NW CORNER: 188.55' (SURVEY) 105.93' (PERMIT DOCS) ANG PER SURVEY (BASED ON SMMC AT TIME OF PREVIOUS PERMITS) (188.55' + 190.36' + 185.81' + 183.77') / 4 = 187.12' ANG PER SURVEY (BASED ON CURRENT SMMC) (189.34' + 191.92' + 185.97' + 184.02') / 4 = 187.81’ ANG PER PERMIT DOCS 104.5' DIFFERENCE FACTOR = 82.62' NE CORNER: 191.92'(SURVEY) 109.3' (PERMIT DOCS) NW CORNER: 189.34' (SURVEY) 106.72' (PERMIT DOCS) SW CORNER: 184.02'(SURVEY) 101.4' (PERMIT DOCS) SE CORNER: 185.97'(SURVEY) 103.35' (PERMIT DOCS) 6.A.j Packet Pg. 916 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:25:49 AM CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A002 SITE CONTEXT 06.20.19 SUPPORT SPACE IMPROVEMENTSCARLTHORP 05.12.2004.20.22 6.A.j Packet Pg. 917 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp PARKING - 32 STALLS STORAGE BREAK OUT ROOM SPANISH MULTI-PURPOSE RM MATH READING P.E. OFFICE PL 1 17 2 18 3 19 4 20 5 21 6 22 7 23 8 24 9 25 10 26 11 27 12 28 13 29 14 30 15 31 16 32 (ASSIGNED TANDEM PARKING TO FACULTY/STAFF) STORAGE FACILITIES OFFICE MAIN POWER SHUT OFF ELEV ROOM SERVER ROOM STOR STOR READING ROOM FACULTY LOUNGE STOR BIKE STORAGE - 8 SPACES SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:25:50 AM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A100 LOWER LEVEL FLOOR -EXISTING 06.20.19 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1LOWER LEVEL FLOOR PLAN - EXISTING N 05.12.2004.20.22 EXISTING 6.A.j Packet Pg. 918 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp DN SCIENCE CLASSROOM -4TH GRADE CLASSROOM -4TH GRADE CLASSROOM -3RD GRADE CLASSROOM -3RD GRADE CLASSROOM -2ND GRADE CLASSROOM -2ND GRADE CLASSROOM -KINDERGARTEN CLASSROOM -6TH GRADE CLASSROOM - 6TH GRADE CLASSROOM - 1ST GRADE CLASSROOM - 1ST GRADE RECEPTION/ FRONT OFFICE BOARDROOM KITCHEN EXISTING ARTIFICIAL TURF PLAYFIELD 6' - 0"7' - 2"5' - 8" PLANTERHANDICAPPED PARKINGHANDICAPPED PARKING BIKE RACK FLAGPOLE OUTDOOR LUNCH AREA EXISTING BASKETBALL COURT EXISTING KINDERGARTEN PLAYCOURTHEDGEPL GATE ENTRANCE HEDGE CLASSROOM - KINDERGARTEN 16' - 2"21' - 1"CL OF ALLEY16' - 4"SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:25:50 AM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A101 MAIN LEVEL PLAN - EXISTING 06.20.19 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1MAIN LEVEL PLAN - EXISTING N 05.12.2004.20.22 EXISTING 6.A.j Packet Pg. 919 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp LIBRARY COMPUTER LAB OFFICEOFFICEOFFICEOFFICE ART ROOM READING ROOM CLASSROOM - 5TH GRADE CLASSROOM - 5TH GRADEOFFICE OFFICE OFFICE PL SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:25:51 AM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A102 UPPER LEVEL PLAN - EXISTING 06.20.19 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1UPPER LEVEL PLAN - EXISTING N 05.12.2004.20.22 EXISTING 6.A.j Packet Pg. 920 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp PL ROOFTOP MECH EQUIP ROOFTOP MECH EQUIP SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:25:52 AM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A103 ROOF PLAN - EXISTING 06.20.19 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1ROOF PLAN - EXISTING N 05.12.2004.20.22 6.A.j Packet Pg. 921 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp +97'-3" LOWER LEVEL FLOOR +97'-3" +101'-6" FOOTPRINT OF NEW CONSTRUCTION ABOVE PL 1 17 2 18 3 19 4 20 5 21 6 22 7 EVCS 23 8 EVCS 24 9 25 10 26 11 27 12 28 13 14 30 15 31 16 32 +89'-8" +89'-8"4' - 0"3' - 8"LOWER LEVEL (ABOVE) +97'-3" STAGE +91'-8"PROPOSED MULTI-PURPOSE RM PROPOSED ELEVATOR TIERED SEATING 26' - 8"22' - 10"26' - 8"26' - 8"26' - 8"26' - 8" PARKING - 32 STALLS STORAGE BREAK OUT ROOM SPANISH EXISTING MULTI-PURPOSE RM MATH READING P.E. OFFICE PL (ASSIGNED TANDEM PARKING TO FACULTY/STAFF) STORAGE FACILITIES OFFICE MAIN POWER SHUT OFF ELEV ROOM SERVER ROOM STOR STOR FACULTY LOUNGE STOR +91'-8" 8' - 1" (E) BIKE STORAGE 65' - 6"75' - 11"22' - 9"130' - 3" EXISTING READING ROOM TO BE CONVERTED TO RESTROOMS & SHOWERS PROPOSED STAIR AND PARTITION CORRIDOR 5' - 0"5' - 0"5' - 0"5' - 0"TYPPROVIDE 5' x 5' HVO TRIANGLE CLEAR OF ALL OBSTRUCTIONS ABOVE 24" IN HEIGHT PER SMMC 9.21.180 8 (N) STAFF LOCKERS (ELECTRIC VEHICLE CHARGING STATION) INDICATES NEW CONSTRUCTION LEGEND SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 4/23/20 3:49:19 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A120 LOWER LEVEL FLOOR PLAN - PROPOSED 200421 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1LOWER LEVEL FLOOR PLAN - PROPOSED NHVOHVOHVO05.12.2004.20.22 PROPOSED 6.A.j Packet Pg. 922 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp DN DN DN DN DN UPUPDNDNDN UP63' - 0"NEW ENCLOSURE OF EXISTING LUNCH SEATING AND/OR ADDITIONAL OFFICE SPACE OUTLINE OF MULTI-PURPOSE ROOM BELOW GRADE OUTLINE OF ELEVATED COURT ABOVE PROPOSED ELEVATOR PROPOSED ELEVATOR PL ARTIFICIAL TURF PLAYFIELD 5' - 8"21' - 1"PLANTERHANDICAPPED PARKINGHANDICAPPED PARKING (E) SHORT TERM BIKE STORAGE 12 SPACES GATE ENTRANCE FLAGPOLE HEDGE HEDGESCIENCE CLASSROOM - 4TH GRADE CLASSROOM - 4TH GRADE CLASSROOM - 3RD GRADE CLASSROOM - 3RD GRADE CLASSROOM - 2ND GRADE CLASSROOM - 2ND GRADE CLASSROOM - KINDERGARTEN CLASSROOM - 6TH GRADE CLASSROOM - 6TH GRADE CLASSROOM -1ST GRADE CLASSROOM - 1ST GRADE RECEPTION/FRONT OFFICE BOARDROOM KITCHEN CLASSROOM - KINDERGARTEN 26' - 8"26' - 8"21' - 4"26' - 8"26' - 8"22' - 10"26' - 8"15' - 0"CL OF ALLEY16' - 4"16' - 2" 10' - 2" PROPOSED ADDITIONAL SHORT TERM BIKE STORAGE 12 SPACES 11 (N) LONG TERM BIKE STORAGE LOCKERS (DERO 300 SERIES OR EQUAL) (VISIBLE FROM EMPLOYEE WORK AREA PER SMMC 9.28.140(F))2' - 6"BETWEEN SPACES 24" TYP INDICATES NEW CONSTRUCTION LEGEND SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 5/12/20 6:44:32 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A121 MAIN LEVEL PLAN - PROPOSED 05.12.20 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1MAIN LEVEL PLAN - PROPOSED N STAIR WITHLANDSCAPEDSCREEN DN 04.20.22 PROPOSED CLASSROOM FLOOR TOBE DEMOLISHED AND REBUILT AT +105' - 8" WITHRAMP FOR ACCESS 6.A.j Packet Pg. 923 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp DN 1A300 63' - 0"133' - 5" A200 1 13' - 0" 1A301 PROPOSED ROOFTOP CHILDREN'S PLAY COURT (OPEN AIR) +126'-6" UPPER LEVEL +119'-6" +119'-6" +126'-6" A200 2 A201 1 A201 2 A200 3 2 A301 13' - 0" 13' - 0"13' - 0" 11' - 3" PROPOSEDADMIN OFFICES PL LIBRARY COMPUTER LAB OFFICEOFFICEOFFICEOFFICE ART ROOM READING ROOM CLASSROOM - 5TH GRADE CLASSROOM - 5TH GRADE OFFICE OFFICE OFFICE 5' - 0"74' - 0"6' - 8" NEW CONSTUCTION SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:25:53 AM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A122 UPPER LEVEL PLAN - PROPOSED 06.20.19 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1UPPER LEVEL PLAN - PROPOSED N 05.12.20 STAIR WITHLANDSCAPEDSCREEN 11' - 5"32' - 3"61' - 9"+119'-6" PROPOSED ADMIN OFFICES PROPOSED ELEVATOR O O O DN PROPOSED ELEVATOR TRELLISED WALKWAY 17' - 2"13' - 3"32' - 3" PROPOSED ELEVATOR 04.20.22 PROPOSED 6.A.j Packet Pg. 924 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 1A300 2 A300 A200 1 1A301 A200 2 A201 1 A201 2 A200 3 2A301 138' - 5"68' - 5"PROPOSED ROOFTOP CHILDREN'S PLAY COURT (OPEN AIR) +126'-6" EXISTING ROOF PL FUTURE SOLAR PANELS NEW CONSTUCTION SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:25:54 AM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A123 ROOF PLAN - PROPOSED 06.20.19 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1ROOF PLAN - PROPOSED N 05.12.20 STAIR WITHLANDSCAPEDSCREEN PROPOSEDELEVATOR TRELLISED WALKWAY BELOW PROPOSED ELEVATOR 04.20.22 6.A.j Packet Pg. 925 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp (E) Upper Level +119' -6" (E) Top of Roof +134' -0" (E) Main Level +107' -6" (E) A.N.G. +104' -6" (E) Roof +130' -3 1/2" (E) Top of Court +126' -6" PROPOSED OPEN-AIR COURT (BEHIND) PROPOSED STAIR 3' - 0" 12' - 0" 7' - 0" 3' - 10" 3' - 9" EXISTING STRUCTURE BEYOND OPEN TOBEYOND OPEN TOBEYOND OPEN TOBEYOND OPEN TOBEYOND OPEN TOBEYOND OPEN TOBEYOND OPEN TOBEYOND PROPOSED ELEVATOR BEYOND (E) Upper Level +119' -6" (E) Top of Roof +134' -0" (E) Main Level +107' -6" (E) A.N.G. +104' -6" (E) Roof +130' -3 1/2" (E) Top of Court +126' -6" PROPOSED OPEN-AIR COURT (BEHIND) PROPOSED ELEVATOR BEYOND PROPOSED ELEVATOR PROPOSED ADMINISTRATIVE OFFICES PROPOSED ENCLOSURE OF LUNCH AREA 3' - 9"3' - 10"7' - 0"12' - 0"3' - 0"OPEN TO BEYOND EXISTING ROOF BEYOND ADJACENT BUILDING BEYONDEXISTING STRUCTURE PROPOSED STAIR (E) Upper Level +119' -6" (E) Top of Roof +134' -0" (E) Main Level +107' -6"(E) A.N.G. +104' -6" (E) Roof +130' -3 1/2" (E) Top of Court +126' -6"3' - 9"3' - 10"7' - 0"12' - 0"3' - 0"PROPOSED OPEN-AIR COURT (BEHIND) PROPOSED STAIR EXISTING STRUCTURE EXISTING STRUCTURE OPEN TO BEYOND OPEN TO BEYOND27' - 6"27' - 6"PROPOSED ELEVATOR BEYOND NEW CONSTUCTION SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:26:00 AM 1/8" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A200 ELEVATIONS 06.20.19 SUPPORT SPACE IMPROVEMENTS1/8" = 1'-0"1SOUTH ELEVATION 1/8" = 1'-0"2WEST ELEVATION 1/8" = 1'-0"3NORTH ELEVATION - FROM SAN VICENTE 05.12.20 PROPOSED OPEN-AIR PLAY COURT BEHIND PROPOSEDELEVATOR BEYOND PROPOSEDSTAIREXTERIOR PLASTER WITH TEXTURED FINISH OR MURAL WITH LANDSCAPED SCREEN WITH LANDSCAPED SCREEN WITH LANDSCAPED SCREENWITH LANDSCAPED SCREEN WITH LANDSCAPED SCREEN 04.20.22 6.A.j Packet Pg. 926 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp (E) Upper Level +119' -6" (E) Top of Roof +134' -0" (E) Main Level +107' -6" (E) A.N.G.+104' -6" (E) Roof +130' -3 1/2" (E) Top of Court +126' -6" PROPOSED OPEN-AIR COURT (BEHIND) PROPOSED STAIR PROPOSED ELEVATOR 3' - 9"3' - 10"7' - 0"12' - 0"3' - 0"OPEN TO BEYOND OPEN TO BEYOND OPEN TO BEYOND EXISTING STRUCTURE (E) Upper Level +119' -6" (E) Top of Roof +134' -0" (E) Main Level +107' -6" (E) A.N.G. +104' -6" (E) Roof +130' -3 1/2" (E) Top of Court +126' -6"3' - 9"3' - 10"7' - 0"12' - 0"3' - 0"EXISTING STRUCTUREPROPOSED ELEVATED COURT NEW CONSTUCTION SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:26:03 AM 1/8" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A201 ELEVATIONS 06.20.19 SUPPORT SPACE IMPROVEMENTS1/8" = 1'-0"2NORTH ELEVATION - FROM COURTYARD 1/8" = 1'-0"1EAST ELEVATION 05.12.20 WITH LANDSCAPED SCREEN 04.20.22 6.A.j Packet Pg. 927 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp T ectonic Cop yright 2007T ectonic Cop yright 2007 (E) Upper Level +119' -6" (E) Top of Roof +134' -0" (E) MAIN LEVEL +107' -6" (E) Lower Level Floor +97' -3" (E) A.N.G. +104' -6" (E) Main Level Upper +110' -0" Lower Level Base +89' -8" (E) Roof +130' -3 1/2" 2A300 16' - 4"(E) Top of Court +126' -6" PROPOSED MULTI-PURPOSE ROOM PROPOSED ELEVATED COURT (OPEN TO SKY) PROPOSED STAIR EXISTING DANCE CLASSROOM 3' - 9"3' - 10"7' - 0"9' - 6"2' - 6"7' - 7"10' - 3"EXISTING BUILDING BEYOND 30' - 0"EXISTING BUILDING BEYOND PROPOSED ELEVATOR BEYOND (E) Upper Level +119' -6" (E) Top of Roof+134' -0" (E) MAIN LEVEL +107' -6" (E) Lower Level Floor +97' -3" (E) A.N.G. +104' -6" (E) Lower Level Floor Upper +101' -6" (E) Main Level Upper +110' -0" 1 A300 Lower Level Base +89' -8" (E) Roof +130' -3 1/2" PROPOSED ELEVATED OPEN AIR PLAYCOURT 1 A301 (E) Top of Court +126' -6" EXISTING CLASSROOM EXISTINGPARKING PROPOSED MULTI-PURPOSE ROOM PROPOSED ADMINISTRATIVE ADDITION PROPOSED ELEVATOR PROPOSED ELEVATOR BEYOND PROPOSED ENCLOSURE OF EXISTING LUNCH SEATING 2 A301 3' - 9"3' - 10"7' - 0"9' - 6"2' - 6"3' - 0"3' - 0"4' - 3"7' - 7"EXISTING STRUCTURE EXISTING BUILDING 30' - 0"3' - 9"NEW CONSTUCTION SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:26:05 AM 1/8" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A300 SECTIONS 06.20.19 SUPPORT SPACE IMPROVEMENTS1/8" = 1'-0"1E/W SECTION THROUGH MULTI-PURPOSE ROOM 1/8" = 1'-0"2 N/S SECTION THROUGH MULTI-PURPOSE ROOM & ELEVATED COURT 05.12.20 WITH LANDSCAPED SCREEN 04.20.22 6.A.j Packet Pg. 928 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 12' - 0"PROPOSED ADMINISTRATIVE ADDITION PROPOSEDDINING AREA 8' - 6"(E) Upper Level +119' -6" (E) Top of Roof +134' -0" (E) Main Level +107' -6" (E) Lower Level Floor +97' -3" (E) A.N.G. +104' -6"(E) Basement Floor Upper +101' -6" (E) Main Level Upper+110' -0" (E) Roof +130' -3 1/2" 2 A300 (E) Top of Court+126' -6" PROPOSED ELEVATED COURT EXISTING PARKING EXISTING CLASSROOMS 8' - 0"NEW CONSTUCTION SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:26:06 AM 1/8" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A301 SECTIONS 06.20.19 SUPPORT SPACE IMPROVEMENTS1/8" = 1'-0"1SECTION THROUGH ADMIN ADDITION 1/8" = 1'-0"2E/W SECTION THROUGH ELEVATED COURT EXTERIOR PLASTER METAL CHANNEL & SCREEN, POWDER COATED PLEXIGLAS PANEL STRUCTURAL WALL 1/8" = 1'-0"1SECTION THROUGH ADMIN ADDITION 3" = 1'-0" PLAY COURT OPENING DETAIL 5 05.12.20 PROPOSED ADMINISTRATIVE ADDITION TRELLISED WALKWAY MOUNTED TO TOP ORSIDE OF WALL 04.20.22 6.A.j Packet Pg. 929 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp LOWER LEVEL FLOOR +97'-3" LOWER LEVEL FLOOR +101'-6" PL PARKING - 32 STALLS STORAGE BREAK OUT ROOM SPANISH MULTI-PURPOSE RM MATH READING P.E. OFFICE PL (ASSIGNED TANDEM PARKING TO FACULTY/STAFF) STORAGE FACILITIES OFFICE MAIN POWER SHUT OFF ELEV ROOM SERVER ROOM STOR STOR READING ROOM FACULTY LOUNGE STOR BIKE STORAGE - 8 SPACES DEMOLISHED SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:26:08 AM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402D100 LOWER LEVEL FLOOR PLAN - DEMO 06.20.19 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1LOWER LEVEL FLOOR PLAN - DEMO N 05.12.2004.20.22 DEMO 6.A.j Packet Pg. 930 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp DN DN DN UPUPDNDNDN UPPL PLANTERHANDICAPPED PARKINGHANDICAPPED PARKING BIKE RACK GATE ENTRANCE FLAGPOLE HEDGE HEDGESCIENCE CLASSROOM - 4TH GRADE CLASSROOM - 4TH GRADE CLASSROOM - 3RD GRADE CLASSROOM - 3RD GRADE CLASSROOM - 2ND GRADE CLASSROOM - 2ND GRADE CLASSROOM -KINDERGARTEN CLASSROOM - 6TH GRADE CLASSROOM - 6TH GRADE CLASSROOM - 1ST GRADE CLASSROOM -1ST GRADE RECEPTION/ FRONT OFFICE BOARDROOM KITCHEN CLASSROOM -KINDERGARTEN CL OF ALLEY DEMOLISHED SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/25/19 2:21:17 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402D101 MAIN LEVEL PLAN - DEMO 06.20.19 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1MAIN LEVEL PLAN - DEMO N 05.12.2004.20.22 DEMO 6.A.j Packet Pg. 931 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 63' - 0"133' - 5" UPPER LEVEL +119'-6"39' - 0"12' - 11"10' - 5"PL LIBRARY COMPUTER LAB OFFICEOFFICEOFFICEOFFICE ART ROOM READING ROOM CLASSROOM -5TH GRADE CLASSROOM -5TH GRADEOFFICE OFFICE OFFICE DEMOLISHED SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:26:09 AM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402D102 UPPER LEVEL PLAN - DEMO 06.20.19 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1UPPER LEVEL PLAN - DEMO N 05.12.2004.20.22 DEMO 6.A.j Packet Pg. 932 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp PL DEMOLISHED SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:26:10 AM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402D103 ROOF PLAN - DEMO 06.20.19 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1ROOF PLAN - DEMO N 05.12.2004.20.22 6.A.j Packet Pg. 933 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:26:06 AM CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402AP.01 RENDERINGS 06.20.19 SUPPORT SPACE IMPROVEMENTSAERIAL VIEW - EXISTING + NEW CONSTRUCTION 05.12.2004.20.22 6.A.j Packet Pg. 934 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:26:06 AM CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402AP.02 RENDERINGS 06.20.19 SUPPORT SPACE IMPROVEMENTSVIEW FROM CENTRAL COURTYARD - EXISTING + NEW CONSTRUCTION 05.12.2004.20.22 6.A.j Packet Pg. 935 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:26:06 AM CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402AP.03 RENDERINGS 06.20.19 SUPPORT SPACE IMPROVEMENTSSITE PLAN - EXISTING + NEW CONSTRUCTION 05.12.2004.20.22 6.A.j Packet Pg. 936 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:26:06 AM CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402AP.04 SITE PHOTOS 06.20.19 SUPPORT SPACE IMPROVEMENTSCOURTYARD VIEW LOOKING SOUTHWEST COURTYARD VIEW LOOKING SOUTHEAST COURTYARD VIEW LOOKING NORTHWEST COURTYARD VIEW LOOKING NORTHWEST TOWARD SAN VICENTE 05.12.2004.20.22 6.A.j Packet Pg. 937 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:26:07 AM CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402AP.05 SITE PHOTOS 06.20.19 SUPPORT SPACE IMPROVEMENTSEAST SIDE OF SITE EAST SIDE OF SITE SOUTH SIDE OF SITE - GEORGINA PL N ACCESS TO PARKING SOUTH SIDE OF SITE - GEORGINA PL N, ACCESS TO PARKING 05.12.2004.20.22 6.A.j Packet Pg. 938 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:26:07 AM CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402AP.06 SITE PHOTOS 06.20.19 SUPPORT SPACE IMPROVEMENTSWEST SIDE OF SITE VIEW FROM SAN VICENTE 05.12.2004.20.22 102.67' (Adjacent grade, low point) Existing floor at 107.5' to be removed New Floor at 105.67' ANG 104.5'3' - 0"5' - 8"Less than 40% of wall surface is exposed Extents of wall below grade Basement Storage Diagram at Alley (South) Elevation 103.25' (Adjacent grade, low point)AN G 10 4 . 5 ' Extents of wall below grade Existing floor at 107.5' to be removed New Floor at 105.67'2' - 5"Less than 40% of wall surface is exposed Basement Storage Diagram at East Elevation 6.A.j Packet Pg. 939 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp SHEET SHEET DATE 1625 OLYMPIC BOULEVARD SANTA MONICA, CA 90404 310.399.7975 KFALOSANGELES.COM SCALE 9/11/19 11:26:07 AM CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402AP.07 PRECEDENT IMAGERY 06.20.19 SUPPORT SPACE IMPROVEMENTS05.12.2004.20.22 6.A.j Packet Pg. 940 Attachment: Carlthorp School Planning Commission plan set 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp Veneklasen Associates Consultants in Acoustics | Noise | Vibration | AV | IT 1711 Sixteenth Street • Santa Monica California 90404 • tel: 310.450.1733 • fax: 310.396.3424 • www.veneklasen.com May 27, 2020 KFA, LLP 3573 Hayden Avenue Century City, California 90232 Attention: Wade Killefer Subject: Carlthorp Support Space Improvements Santa Monica, CA Carlthorp Property Line Noise Veneklasen Project No. 3055-046 Dear Wade: Veneklasen Associates (Veneklasen) has completed a noise impact assessment of the Support Space Improvements proposed for Carlthorp School located in Santa Monica, California. The purpose of this evaluation was to model potential noise impacts on adjacent residential uses as a result of activity that will occur on the proposed rooftop playground and determine if modifications are needed to reduce noise levels to City Municipal Code Noise Limits. This report sets forth the results of our findings. History and Project Manager Founded in 1947, Veneklasen Associates is one of the largest acoustical consulting firms in the United States. Our services encompass architectural acoustics, audio-visual (AV), information technology (IT), environmental noise and vibration mitigation. As a sole source for building sound quality and data management, our technical and professional standards have been developed through the design of literally thousands of buildings worldwide: • Civic & Government Agencies • Hotels, Resorts & Casinos • Courthouses & Public Safety • Studios & Entertainment Facilities • Education - College & University + K-12 • Condominiums & Apartments • Commercial Buildings & Corporate Interiors • Concert Halls & Performing Arts Complexes • Transportation, including Airports & Rail • Medical Centers & Hospitals • Museums & Cultural Centers • Places of Worship Our staff is carefully balanced, consisting of professionals with degrees in acoustics, physics, engineering, and architecture. With approximately 60 employees we are large enough to have a wealth of expertise to be shared, and small enough to ensure that each project is directed by a principal or senior associate. We are unique in that we own and maintain a comprehensive complement of scientific measurement and analysis tools including sound level meters, noise monitors, logging devices, field computers, vibration measurement equipment and data analytic software. Finally, Veneklasen Associates is a State of California (DGS) Certified Small Business and a qualified SBE within GSA guidelines. John LoVerde is known throughout the country for his work as an acoustical consultant as well as his leadership in testing, research, and reporting methodology, particularly in the fields of building and environmental acoustics. John has lent his expertise to the design of educational buildings, multifamily residential developments, performance venues, hotels and resorts, office campuses and hospitals. He has served as Project Manager for many notable projects and is often called upon to provide expert testimony. On average, John manages the design and construction of approximately 200 projects per year. After obtaining a Bachelor of Science degree in Mechanical Engineering from California State Polytechnic University, Pomona (1989), John went on to earn a Master’s Degree in Acoustics from the University of California, Los Angeles. At UCLA he worked on the link between acoustical energy and listener reaction to sound within auditoria. Since his consultant career began at Veneklasen Associates in 1989, John has published over 100 technical papers. He teaches and lectures internationally, presenting at the last fourteen meetings of the Acoustical Society of America (ASA). In November 6.A.k Packet Pg. 941 Attachment: Veneklasen Noise Impact Assessment 05.27.2020 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp Veneklasen Associates KFA, LLP; Santa Monica, CA Carlthorp Property Line Noise; VA Project No.3055-046 May 27, 2020; Page 2 of 7 www.veneklasen.com 2009 he was appointed to ASA’s Technical Committee on Architectural Acoustics, and in 2013 John was further recognized in the field as a full Member of the ASA. In June of 2018, John became a Fellow of the Acoustical Society of America with citing the following: “For contribution to quantification and understanding of building response to sound and impact.” 1.0 INTRODUCTION This study was conducted to assess the potential acoustical impact of the support space changes proposed to the Carlthorp campus, a private non-profit K-6 school that has been operating in this multifamily neighborhood since 1941. Veneklasen’s scope of work included (A) measuring the exterior noise levels currently occurring at the site, (B) calculating future conditions assuming the proposed outdoor improvements and (C) developing method(s), if any, required to reduce the future exterior sound levels to comport with the applicable Municipal Code requirements for residential districts of the City of Santa Monica. The Support Space Improvements proposed for Carlthorp campus include the following: relocating the playset and court areas of the current outdoor playground to a new roof above classrooms at the rear of the property, expanding the ground level Playturf area, enclosing the plastic blue-tented unenclosed lunch area (while constructing new administrative offices above), and expanding the subterranean multi-purpose room under a portion of the Playturf along San Vicente Boulevard. Of these, the play court area on the roof has the potential to disturb adjacent residential neighbors due to noise from outdoor exercises, school events and playtime by the supervised elementary students (Grades K-6) who will be using it from 8 am to 5:30 pm, Monday through Friday. Figure 1: Campus Views Current (left) and Future (right) The school campus is surrounded by residential buildings to the east (3-story condominium), west (2-story apartment building), and south (single family homes along the north side of Georgina Avenue across the 20’- wide alley (Georgina Place) behind the school). The city considers residential uses as noise sensitive receptors. The campus fronts on the 130’ wide San Vicente Boulevard and center median to the north. 2.0 NOISE THRESHOLDS OF SIGNIFICANCE Santa Monica Municipal Code section 4.12.060 states that the allowable noise level in Noise Zone I is 60 dBA for a 15-minute period during the hours of 7 AM to 10 PM Monday through Friday, unless the ambient noise conditions are higher. There is a 5-dBA penalty for noises consisting of speech or music, which would apply here to the elementary play court. For a maximum event, or instantaneous noise, the noise limit increases by 20 dBA above the specified threshold. 6.A.k Packet Pg. 942 Attachment: Veneklasen Noise Impact Assessment 05.27.2020 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp Veneklasen Associates KFA, LLP; Santa Monica, CA Carlthorp Property Line Noise Veneklasen Project No. 3055-046 May 27, 2020; Page 3 of 7 www.veneklasen.com Therefore, the noise limit for playground noise impacting residential neighbors is 55 dBA for continuous noise and 75 dBA for instantaneous sounds. For this playground, the sound generated is expected to be a combination of verbal communication and balls bouncing off of surfaces. The school also has an outdoor speaker system. Two speakers face one another in the school’s interior courtyard; those speakers are used for a brief morning greeting from the school administrator on school days before classes begin. The remainder of the exterior speakers will be used only in the event of emergencies and are not relevant to this study. 3.0 ACOUSTIC MEASUREMENTS Veneklasen measured existing outdoor playground conditions, the ambient conditions, and the PA system. On November 6, 2019, Veneklasen measured existing playground conditions at the outdoor play areas for a continuous period of 40 minutes, which included lunch hour with outdoor playtime, encompassing two playgroups, 5th and 3rd grades followed by 6th and 4th grades. The continuous 15-minutes average for the entire playground was 76 dBA, with loudest events of 90-94 dBA measured directly with no barriers or other attenuation measures. The noise level on the turf playfield is lower due to the open environment, foliage, and soft artificial turf groundcover, on average 72 dBA and 86-90 dBA events. Any acoustical difference in the surface, between a prior natural grass field and the current artificial turf would be negligible and generally not acoustically detectable. A minimum detectable change for exterior noise is 3 dBA and the difference between these two surfaces would be less than 3 dBA. On November 1, 2019, Veneklasen measured the ambient conditions in the alley behind the school, which represents the closest property lines to the roof-playground area, was 44 dBA for a 15-minute period during lunchtime. Traffic noise in the alley/Georgina Place is limited, as it only serves parking spaces on the backside of the school and single and multi-family residential buildings. Since the ambient sound measured is currently below the exterior noise level allowed for residential districts of 60 dBA; the reduced 55 dBA threshold for school-related activities remains the criteria per the City Municipal Code. On May 4, 2020, Veneklasen measured the PA system on the grounds of the school, using a news podcast broadcast over the system. The current system consists of three sets of two small wall-mounted loudspeakers. One set faces west over the current playground and is rarely used (Existing Field Zone), one set is on either side of the current lunch area and will be removed with the enclosure of the lunchroom (Existing Tables Zone), and the third set is on either side of the current basketball court (Existing Court Zone); the latter two are used for morning announcements only, with all in attendance on the court. Figure 2 displays these sound zones. Each set can be activated independently. All three were active during testing. 6.A.k Packet Pg. 943 Attachment: Veneklasen Noise Impact Assessment 05.27.2020 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp Veneklasen Associates KFA, LLP; Santa Monica, CA Carlthorp Property Line Noise Veneklasen Project No. 3055-046 May 27, 2020; Page 4 of 7 www.veneklasen.com Figure 2: Sound Zones The Tables and Court Zones ranged from 50 – 70 dBA on the court during the podcast, depending on the newscaster inflections and distance from the loudspeaker; the levels were communicated to be at a typical volume. The average noise level was 60 dBA and the loudest events were 72 dBA measured directly with no barriers or other attenuation measures. At the time of the morning announcements, the students are not at play, so the sound level is not elevated above 55 dBA and 75 dBA, which is within the limits of the Municipal Code. Figure 3: Rooftop Playground Speakers 6.A.k Packet Pg. 944 Attachment: Veneklasen Noise Impact Assessment 05.27.2020 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp Veneklasen Associates KFA, LLP; Santa Monica, CA Carlthorp Property Line Noise Veneklasen Project No. 3055-046 May 27, 2020; Page 5 of 7 www.veneklasen.com 4.0 ENCLOSURE AND SURFACE ANALYSIS Upper Area The proposed rooftop play court area will have a continuous 8 foot high perimeter enclosure for safety. When a plexiglass panel is modeled, not an open fence, it will act as a barrier for noise in addition to its safety function. Based on computer modelling, this barrier, combined with distance from the play court to the nearest residential uses, will provide suitable noise reduction to the nearby receivers including noise from the surface. Our analysis indicates absorptive panels are not required to ensure that the noise limits established by the Municipal Code for residential zones are not exceeded. Our quantitative analysis is depicted below in Figure 4 along with the proposed plexiglass detail show in Figure 5. Sound level prediction detail is presented in Table 1: calibrated for distance from noise source and difference in elevation. Elevations match the elevations on the drawings provided by KFA Architects as closely as possible. Figure 4: Analysis Process Receiver 3 (condo 3rd floor) @ 133 ft elevation, distance from source 45 ft Source Area @ 126 ft elevation Receiver 2 (apartment 2nd floor) @ 123 ft elevation, distance from source 30 ft Receiver 1 (standing person) @ 106 ft elevation, distance from source 40 ft Barrier around Play Court Source Area @ 103 ft elevation Receiver 4 (apartment 2nd floor) @ 123 ft elevation, distance from source 20 ft 6.A.k Packet Pg. 945 Attachment: Veneklasen Noise Impact Assessment 05.27.2020 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp Veneklasen Associates KFA, LLP; Santa Monica, CA Carlthorp Property Line Noise Veneklasen Project No. 3055-046 May 27, 2020; Page 6 of 7 www.veneklasen.com Figure 5: Proposed Plexiglass Detail Table 1: Upper Enclosure Analysis (Typical Activity) Receiver Barrier Height/Elevation Calculated Level, dBA Code Limit, dBA Compliance? 1 8 ft / 132 ft 34 avg / 51 max 55 avg / 75 max Yes / Yes 2 40 avg / 57 max Yes / Yes 3 44 avg / 61 max Yes / Yes With the barrier as shown and including 2 layers of plexiglass, all calculated average and maximum noise levels from activities on the proposed rooftop play court would be well within the noise limits of the Municipal Code under typical activity. Field Area For the field, the surrounding conditions remain. In 2000, the surface of the playfield was changed from natural grass to artificial turf, which does not produce a calculable noise effect at the property line. Therefore, the field conditions did not alter the noise at the property line. The calculation to the property line is shown in Table 2. Table 2: Field Analysis Receiver Calculated Level, dBA Code Limit, dBA Compliance? 4 (typical activity) 54 avg / 71 max 55 avg / 75 max Yes / Yes 6.A.k Packet Pg. 946 Attachment: Veneklasen Noise Impact Assessment 05.27.2020 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp Veneklasen Associates KFA, LLP; Santa Monica, CA Carlthorp Property Line Noise Veneklasen Project No. 3055-046 May 27, 2020; Page 7 of 7 www.veneklasen.com 5.0 RECOMMENDATIONS Based on our analysis, a minimum solid parapet barrier as shown in Figure 4 of 8 feet around the perimeter of the rooftop play court area is recommended; Veneklasen understands that such a parapet wall is currently planned. The parapet wall can be any solid material 2 pounds per square foot (such as stucco or wood). The proposed detail shown in Figure 5 for intermittent transparency is acoustically acceptable as long as there are 2 layers of plexiglass installed; any openings for water drainage are recommended to flow interior to the campus. The plexiglass panel will be approved in the submittal process. Based on our analysis, absorptive panels such as https://kineticsnoise.com/knp/perforated-metal-panels.html could be incorporated into the design of the play court walls, but are not required to remain below the noise limits established by the Municipal Code for residential districts such as this location. 6.0 CONCLUSIONS Veneklasen analyzed the potential noise impact of the proposed play areas on adjacent sensitive receptors. Analysis included noise from children’s activity and use of loudspeaker (PA) system. The Santa Monica Noise Ordinance was used to assess impact and calculate compliance. Veneklasen measured the existing ambient noise level, the sound level with the presence of children playing outdoors during typical recess and PA system use. This recess activity and PA system use constitutes comparable conditions to the proposed play areas, except that the rooftop location is elevated which establishes greater distance from most of the sensitive receptors. This collected data was then used to construct a computer model assessing the noise level of the proposed play areas at the sensitive receptors on the east, west and south. The field areas comply with the Code requirements, while the rooftop play court should be compliant if surrounded with the 8 foot high barrier of intermittent transparent plexiglass panel having two layers with detailing shown in Figure 5. Based on study, with such a perimeter wall, the noise levels predicted for the rooftop play court area will not exceed the noise limits of Santa Monica Noise Ordinance at all sensitive receptor residential locations. In Veneklasen’s professional opinion the incorporation of a described barrier that is 8 feet tall will ensure full compliance with the residential limits imposed by the Santa Monica Noise Ordinance. Please feel free to contact us with any follow up questions or comments. Respectfully submitted, John LoVerde, FASA Principal 6.A.k Packet Pg. 947 Attachment: Veneklasen Noise Impact Assessment 05.27.2020 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp From:riverfred1@gmail.com To:Regina Szilak Subject:Carlthorp School Date:Sunday, February 27, 2022 9:35:35 AM EXTERNAL In regards to the recent notice of expansion, when will the parking garage be restored for parking if ever? The residents were not notified of the change as it appears to be used for parties. I assume the employees park on nearby streets. Sincerely, Fred Alexander Riverfred1@gmail.com 6.A.l Packet Pg. 948 Attachment: Public Correspondence February 22 - March 8 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp From:Vernice Hankins To:Regina Szilak Subject:FW: Carlthorp School Appeal 20ENT-0275 Date:Monday, March 7, 2022 3:16:05 PM -----Original Message----- From: Paige Segal <paige_segal@yahoo.com> Sent: Monday, March 7, 2022 3:09 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: Carlthorp School Appeal 20ENT-0275 EXTERNAL To Whom It May Concern, I oppose the expansion of the Carlthorp School. This causes a lot of disruption in the lives of the fellows who live here. I live directly across the street from Carlthorp, 425 San Vicente Blvd. For some, the noise alone is a huge issue. For me, it’s the parking. The expansion of the school, means a bigger staff, and less space to fit all our cars. I live with my husband and my child. Circling the block several times to find a spot near my house is a huge issue. Please spot this plan for moving forward. Thank you for your time, Paige Segal 819.970.1487 6.A.l Packet Pg. 949 Attachment: Public Correspondence February 22 - March 8 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp From:Vernice Hankins To:Regina Szilak Subject:FW: Carlthorp School Appeal Date:Friday, March 4, 2022 10:48:33 AM -----Original Message----- From: Jeffrey Brecht <jdbrecht@me.com> Sent: Thursday, March 3, 2022 9:05 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: Carlthorp School Appeal EXTERNAL City Council, I am writing to urge you to uphold the appeal against Carlthorp School’s expansion. As a ten year resident of San Vicente Blvd., I can attest to the fact that the quality of life in our neighborhood is significantly lower when the school is in session. Given their existing impact on the neighborhood, the idea that the school would expand further is ludicrous. It is troubling to me that city staff would recommend this expansion. Specific issues which will impact your constituents in this neighborhood: - A multipurpose room which will be used for events will bring more traffic, less parking, and more noise. - A rooftop basketball court will exacerbate the school’s existing noise pollution. They are installing double pane windows on their school to mitigate the noise they experience in classrooms. - Years of commercial construction will take place in the middle of an R1 Zone The school already presents numerous issues which should be curtailed: - The school has 30 parking spots and 80 staff. Staff of the school take spots away from residents, forcing us to park far away from our homes. - The school produces constant noise throughout the day. It can be heard in every room of my home. It is difficult to work from home. It is difficult to have peace in my home. Please come to San Vicente during a school day and hear it for yourselves. - Student pick-up and drop-off cause dangerous traffic situations and even greater parking issues. This school has a history of bad-faith expansions. They should not be able to expand further. This school reduces your constituents’ quality of life. Their impact on the Historic San Vicente district should be investigated by the city. Thank You, Jeff Brecht 415 San Vicente Blvd 6.A.l Packet Pg. 950 Attachment: Public Correspondence February 22 - March 8 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp From:Vernice Hankins To:Regina Szilak Subject:FW: Carlthorp School Expansion & Rooftop Playcourt. Date:Tuesday, March 1, 2022 3:08:07 PM From: Jim Robertson <j3rbrts@gmail.com> Sent: Tuesday, March 1, 2022 12:53 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: Carlthorp School Expansion & Rooftop Playcourt. EXTERNAL My name is Jim Robertson and I live next door to the school in unit #306. I oppose expansion of the school in this quiet residential area and in particular oppose the proposed rooftop playcourt. Almost every day I go to my rooftop community patio for prayer, quiet meditation, and relaxation. A ROOFTOP PLAYCOURT would be very disturbing and a huge overreach. Thank you for hearing my comment and request, Jim Email: jimrobertson@aboriginalskills.com Website: www.aboriginalskills.com Phone: (310)395-0943 6.A.l Packet Pg. 951 Attachment: Public Correspondence February 22 - March 8 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp From: Jim Robertson <j3rbrts@gmail.com> Sent: Sunday, March 27, 2022 6:01 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: Carlthorp School addition (Carlthorp School Appeal). EXTERNAL Dear Council, This is Jim Robertson, resident of 446 San Vicente Bl, Unit #306, Santa Monica (directly next door to carlthorp school). I am opposed to the expansion that Carlthorp School proposes (gymnasium on roof, etc.) We already have excessive noise from the school yard and I'm amazed that they still use speaker amplification for some of their outdoor events in such a small area. I find it quite intrusive. Placing a gymnasium on the roof would certainly magnify this noise and greatly intrude upon the peace, quiet, comfort, and enjoyment of our homes. In other words our homes would become a less healthy place to live. Thank you for listening to me. Respectfully. Jim Email: jimrobertson@aboriginalskills.com Website: www.aboriginalskills.com Phone: (310)395-0943 From: Jim Robertson <j3rbrts@gmail.com> Sent: Sunday, March 27, 2022 9:02 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: Carlthorp school expansion. EXTERNAL Dear Council, This is Jim Robertson again resident of 446 San Vicente Bl. Here's a little addition to my prior comment. My parents were the very first tenants of 446 San Vicente (directly next door to Carlthorp School). They moved here in 1961 and lived here until the day they died. I visited them often. Approximately 1985 my mother asked me to move in with her because she needed assistance and I stayed with her until the day she died in 2001and continue to live here. 6.A.m Packet Pg. 952 Attachment: comments post Feburary 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente I've been living here in this same unit for thirty seven years and I think it's good for you to know that I'm quite familiar with the unwelcome noise levels coming from Carlthorp school, and am opposed to this expansion plan that would surely increase the disturbing noise (due to basketball court on roof, etc.). Thank you for listening, Jim Email: jimrobertson@aboriginalskills.com Website: www.aboriginalskills.com Phone: (310)395-0943 From: riverfred1@gmail.com <riverfred1@gmail.com> Sent: Monday, March 28, 2022 8:55 AM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: Appeal 20ENT-0275 Carlthorp School-438 San Vicente Blvd. EXTERNAL Dear Council Members, In regards to the above appeal please advise who approved and what authority, without a resident hearing, the blocking off of the existing alley entrance entire parking area for other than parking purposes. It is not that I object however this appears to be a violation of the parking requirement for the school. Has another area been designated by the city and will accommodate all the employee parking? Sincerely, Fred Alexander 502 San Vicente Blvd. Riverfred1@gmail.com From: Jim Robertson <j3rbrts@gmail.com> Sent: Monday, March 28, 2022 11:58 PM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: City Clerk Re: Carlthorp School Appeal EXTERNAL This is Jim Robertson, age 82, long time resident (almost forty years) of 446 San Vicente Bl., Unit #306, submitting another comment regarding the Carlthorp School expansion plans. Please understand that although maintaining a peaceful, quiet, harmonious, healthy place to live for myself and my neighbors is a high priority for me, this does not mean that the welfare of the children isn't also a very high priority for me. After all, this is why for over 20 years I've been volunteering for 6.A.m Packet Pg. 953 Attachment: comments post Feburary 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente State Parks, National Parks, and other parks, taking groups of school children of all ages into our mother nature (almost every week), teaching the kids ancient aboriginal, indigenous, ancestral skills. Of course I care deeply about all children, but this does not mean that they need a gym with a basketball court on the roof of the school that is so very close to its neighbors. The noise would be too much. A gym underneath the ground floor would be a much more reasonable option. Thank you for listening. Jim Email: jimrobertson@aboriginalskills.com Website: www.aboriginalskills.com Phone: (310)395-0943 -----Original Message----- From: s saez <saez100@yahoo.com> Sent: Sunday, April 10, 2022 8:35 AM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: Carlthorp expansion objection EXTERNAL Hello I am an owner of a condo on 502 San Vicente Blvd and I object to the expansion of the school They already have traffic lined up daily with cars that disturbs the neighborhood and now they want to expand. They have been in noncompliance with a parking lot classrooms setup that is very noisy Scott Saez. From: janeices@verizon.net <janeices@verizon.net> Sent: Thursday, April 7, 2022 1:26 PM To: Regina Szilak <Regina.Szilak@santamonica.gov>; councilmtgitems <councilmtgitems@santamonica.gov>; Gleam Davis <Gleam.Davis@santamonica.gov>; Phil Brock <Phil.Brock@santamonica.gov>; Christine Parra <Christine.Parra@santamonica.gov>; Lana Negrete <Lana.Negrete@santamonica.gov>; Sue Himmelrich <Sue.Himmelrich@santamonica.gov>; Kristin McCowan <Kristin.McCowan@santamonica.gov>; Oscar de la Torre <Oscar.delaTorre@santamonica.gov> Cc: corinnelson@me.com; venkec@aol.com; littleitaly22@gmail.com; john.nockleby@lls.edu; revshayna@roadrunner.com; elishayna@earthlink.net; franksalcedo@me.com; janeices@verizon.net; sandysavett@aol.com; tony@thebeverlyhillsestates.com Subject: Appeal of Carlthorp Expansion--20ENT-0275 EXTERNAL 6.A.m Packet Pg. 954 Attachment: comments post Feburary 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Janeice Schwartz 446 San Vicente Blvd., Unit 105 Santa Monica, California 90402 Dear Council Members, My name is Janeice Schwartz and I have had the good fortune of living at 446 San Vicente Blvd. #105, since March of 1996. When I purchased my unit, I had a beautiful panoramic view from my balcony on the first floor of an undeveloped grassy, green field. I was told that the school was planning to make this area a soccer field. Unfortunately, that is not what came to pass. Classrooms were constructed where I was told the soccer field was to be located. I accepted this. I was working at the time as an elementary school teacher, and actually did not have the time to object. As time progressed, very tall trees were planted on the property line. Since I live on the first floor, the trees blocked the sunlight I receive in my front room area. Then, the school placed a storage area beneath my master bedroom window. These school improvements have not enhanced the aesthetic appeal of my home. I am sure the school is not aware of the resulting negative impact their improvements have generated for their residential neighbors. We have tried to be good neighbors, but this new proposed expansion will effect our quality of life for five summers and further add to the noise we endure every school day. It will make it difficult to get to and from our underground garage, as the alley will be filled with workers and their equipment. It is already difficult with sanitation trucks and contractors working in different buildings. One of my greatest fears is the resulting rodent problem that will inevitably occur when the digging begins for the proposed multipurpose room. The rats can easily climb on the gigantic trees and gain access to our balconies. If the expansion were to occur, our daily lives would be further affected by the school. Our building's residents are primarily retired or still working from home, as a residual effect of the pandemic. The noise during the school day is very overwhelming at certain times of the day. I can't imagine what the level of noise will be with an addition of an open-air basketball court! If this expansion results in an increase in enrollment in future years, traffic will be even a greater issue than it is at the present time. Our open area sunroof would be out of commission for five summers, during the construction. As I mentioned before, the population of our building is primarily older, many with health concerns. I myself have asthma and the dust and pollutants from the proposed project will be detrimental to my health. I do not have central-air in my unit, so I must have open windows during the summer months. Other residents also do not have central-air. The noise pollution from the project will be a significant deterrent to our enjoyment of our homes, during this project. That could lead to major stress and negatively impact us physically, emotionally and mentally. Also, a long term consequence of this proposed expansion will most likely result in lower property values for our units. This would be very sad for twenty-two units! Please approve this appeal AN DO NOT approve this expansion. I definitely support the appeal. Janeice Schwartz 446 San Vicente Blvd., Unit 105, Santa Monica, California 90402 6.A.m Packet Pg. 955 Attachment: comments post Feburary 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente From: riverfred1@gmail.com <riverfred1@gmail.com> Sent: Wednesday, April 6, 2022 8:07 AM To: councilmtgitems <councilmtgitems@santamonica.gov> Subject: Carlthorp School EXTERNAL Kindly see the attached petition. We do not need 5 years of construction noise, dust, alley/parking congestion, etc. If built a basketball court on the rooftop will be especially noisy for the neighbors. Sincerely, Fred Alexander 502 San Vicente Blvd. From: Eli Lester <outlook_7763F74171462DB3@outlook.com> Sent: Monday, April 4, 2022 12:15 PM To: Regina.Szilak@santamoncia.gov; Gleam Davis <Gleam.Davis@santamonica.gov>; Phil Brock <Phil.Brock@santamonica.gov>; Christine Parra <Christine.Parra@santamonica.gov>; Lana Negrete <Lana.Negrete@santamonica.gov>; Sue Himmelrich <Sue.Himmelrich@santamonica.gov>; Kristin McCowan <Kristin.McCowan@santamonica.gov>; Oscar de la Torre <Oscar.delaTorre@santamonica.gov> Cc: councilmtgitems <councilmtgitems@santamonica.gov> Subject: Carlthorp School Appeal 20ENT-0275 EXTERNAL Frank and Jean Lester March 27, 2022 446 San Vicente Blvd., Unit 201 Santa Monica, California 90402 To the esteemed members of the Santa Monica City Council; We are sending you this letter (in the body of the email and attached as a pdf) in advance of the meeting on 4/12/2022, in which the Carlthorp School planned expansion will be discussed. We oppose this project as proposed, and we wish to support the Appeal 20ENT-0275 properly, following the correct procedures and protocols. To that end, we are also separately sending a copy to the City Clerk Please verify receipt of our letter. Thank you. Frank and Jean Lester 6.A.m Packet Pg. 956 Attachment: comments post Feburary 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 446 San Vicente Blvd. Unit 201, Santa Monica, CA 90402 To: City Clerk Re: Carlthorp School Appeal 1685 Main Street, Room102, Santa Monica, CA 90401 RE: Appeal 20ENT-0275 As resident homeowners who have lived within 10 feet of the Carlthorp School for 27 years, we have reasonable and serious concerns about the proposed expansion of the school. Our issues are based on the actual history of how we have been impacted by previous Conditional Use Permit (CUP) expansion requests, which after approval, resulted in violations of the conditions included in the CUP. I am 80 years old and my wife is 85. In the past we have been quiet and cooperative with previous expanded use requests without knowing how the actual uses would get modified over time by the school. We are concerned about our wellbeing, our health, and the comfortable use of our home without constant disturbance. We are sure that founders of the Carlthorp School never meant to cause the disruption of peace and harmony in our neighborhood, but at this point, our peace and the quiet enjoyment of our home is at the mercy of Carlthorp School and the City of Santa Monica. This time, the expansion is way too much and much to our detriment. That which we have personally observed is as follows; 1 Gradually increasing congestion and interrupted traffic flow at, and around the school. Reduced unfettered access to public streets, public alley ways and private driveways on residential streets. Impeding the safe transition of northbound public traffic attempting to turn right onto San Vicente Blvd. 2 Trees planted at the property line which were not to exceed 16 feet in height, have grown way beyond that and now block out the sun to residents adjacent to the trees. 3 Gradually increasing noise levels from the school as enrollments increased over time In addition to the practical experiences of previous expansion work right outside my windows, and seeing first-hand how usage has changed, we have reviewed hundreds of pages of the history of how the school has received approvals for certain conditional expansion exceptions to the zoning laws in this residential area, only to expand beyond those conditions. After examining this latest requesting for yet further conditional expansion, I see no mechanisms for preventing or remedying excessive expanded use, if once again they go beyond initially granted use exceptions. How will it be different this time? This is no ‘minor’ modification. Creating a huge elevated playground within a few feet of residential units is unquestionably bad judgement and without consideration for the neighbors quiet enjoyment of their homes, and will certainly interfere with anyone who works from home or is a writer. 1 While no “technical” increases in the number of “classrooms” are contained in this application, the eventual use of the newly created space and structural modifications for instructional and learning purposes, with minor adjustments, could easily accommodate an increase in enrollment at a future time. By not using the term “classroom”, the request avoids the need for providing additional parking as well as other required conditional use issues. 6.A.m Packet Pg. 957 Attachment: comments post Feburary 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 2 The construction process, not withstanding, both the general and periodic noise levels created by adding second story recreational space only a few feet from our building, is outrageous. There are no guarantee, even with an audio analysis, that the future sound levels, depending on actual use, will not be disturbing to neighbors to the east, the west, and the south of the school. 3 During the protracted construction time, we and our neighbors will be subjected to; a. Continual exposure to dust, debris and pollutants b. Repeated excess noise, especially “down wind” of the project c. Disrupted access to and from our parking garage through the alley d. Restricted use of our rooftop lounge areas during work being done e. Inability to safely open windows in the summertime for ventilation f. Older owners are very concerned about their health and wellbeing. g. This project, as planned, could potentially cause mental, physical and spiritual damages. h. Great distress and discomfort to residents near the school. Some of the fallout of having the expanded school right next to us is; 1 A long term negative impact of the market value of our homes 2 Permanently reduced enjoyment and quiet use of our home 3 Continued and perhaps increased disruptive traffic congestion 4 Anything but harmonious operations Major question; If not to eventually increase enrollment, then why spend so much time and money to embark on such a huge three to five year development project in spite of the overt objections of so many residents close to the school? We are not in favor of this project going forward, and we support the Appeal 100% FRANK LESTER 3/27/2022 JEAN LESTER 3/27/2022 446 SAN VICENTE BLVD., UNIT 201, SANTA MONICA, CALIFORNIA 90402 From: Jennifer Kramer <jenkramer1@gmail.com> Sent: Friday, April 8, 2022 3:36 PM To: Regina Szilak <Regina.Szilak@santamonica.gov> Subject: Fwd: Appeal 20ENT-0275 Carlthorp EXTERNAL Hi Regina, I see this bounced back when I sent it to you so not sure if you got it. Thank you! Jennifer Kramer 6.A.m Packet Pg. 958 Attachment: comments post Feburary 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente ---------- Forwarded message --------- From: Jennifer Kramer <jenkramer1@gmail.com> Date: Fri, Apr 8, 2022 at 11:46 AM Subject: Appeal 20ENT-0275 Carlthorp To: Regina.Szilak@santamoncia.gov <Regina.Szilak@santamoncia.gov>, councilmtgitems@santamonicagov.com <councilmtgitems@santamonicagov.com>, gleam.davis@smgov.net <gleam.davis@smgov.net>, phil.brock@smgov.net <phil.brock@smgov.net>, christine.parra@smgov.net <christine.parra@smgov.net>, lana.negrete@smgov.net <lana.negrete@smgov.net>, sue.himmelrich@smgov.net <sue.himmelrich@smgov.net>, kristin.mccowan@smgov.net <kristin.mccowan@smgov.net>, oscar.delatorre@smgov.net <oscar.delatorre@smgov.net> Jennifer Kramer April 8, 2022 446 San Vicente Blvd Unit 104 Santa Monica CA 90402 To: City Clerk Re: Carlthorp School Appeal 1685 Main Street, Room 102, Santa Monica, CA 90401 Re: Appeal 20ENT-0275 I have lived next door to Carlthorp Elementary School for the past 12 years and I am against the proposed expansion of the school. I am 48 years old and also own a brick and mortar business on Broadway in Santa Monica. That I own a business AND a condo here in Santa Monica leads me to be extremely invested in and involved with my community. I’m concerned that my (and my neighbors') well being and overall enjoyment of life here in the Santa Monica area is being constantly challenged due to the disruptions going on next door at Carlthorp. What was once a pride point (how lucky am I to live next to such a quality high-end, exquisite and established education center?!) is now turning into a deflating and overwhelming feeling of unfortunate circumstances. There is constant traffic and congestion in and around the school on the corner of 4th and San Vicente every morning and every afternoon when school lets out. This traffic and congestion loops way around the corner on the block of Georgina, sometimes all the way down to 7th Street. It’s a mess and I see all of us who live here struggling to access our once peaceful and smooth public city streets. Cars are honking, people are upset, and there is no way to pass along the narrow and quaint 4th street. This congestion is gradually getting worse, as enrollment increases. If the new proposed open-air roof with basketball court and gym classes happen, this will: • Devalue my home • Increase congestion and flow of traffic on our beautiful quaint streets 6.A.m Packet Pg. 959 Attachment: comments post Feburary 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente • Elevated amounts of excess outdoor noise, bouncing basketballs, etc • Construction will up to 5 years of peaceful summers away (dust, debris, noise, pollutants, trucks, privacy of our roof deck, etc) I am in favor of making a community stronger and better. While adding additional parking and tripling the playground of the school next door will be great for the school, I wonder if you might put more thought into what happens to the COMMUNITY around it should that happen. Had the proposition been to move the school to a new location (if they truly needed more space), or keep the enrollment where it is to sustain a cohesive and harmonious operation within itself and the community is resides in, or *at a minimum* (I feel I’m stating the obvious but needs to be mentioned): why would they decide to only do construction in the summer if not to avoid having themselves inconvenienced with the noise, pollutants, traffic, etc and yet all those living around the school, THE COMMUNITY, is at the mercy? That doesn’t feel amicable or peaceful. The proposed development next door at Carlthorp will directly impact my enjoyment of living in my home and I am NOT in favor of this project being approved. I support the appeal. Sincerely, Jennifer Kramer -- JENNIFER KRAMER CLINICAL DIRECTOR EXTERNAL Janeice Schwartz 446 San Vicente Blvd., Unit 105 Santa Monica, California 90402 Dear Council Members, My name is Janeice Schwartz and I have had the good fortune of living at 446 San Vicente Blvd. #105, since March of 1996. When I purchased my unit, I had a beautiful panoramic view from my balcony on the first floor of an undeveloped grassy, green field. I was told that the school was planning to make this area a soccer field. Unfortunately, that is not what came to pass. Classrooms were constructed where I was told the soccer field was to be located. I accepted this. I was working at the time as an elementary school teacher, and actually did not have the time to object. As time progressed, very tall trees were planted on the property line. Since I live on the first floor, the trees blocked the sunlight I receive in my front room 6.A.m Packet Pg. 960 Attachment: comments post Feburary 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente area. Then, the school placed a storage area beneath my master bedroom window. These school improvements have not enhanced the aesthetic appeal of my home. I am sure the school is not aware of the resulting negative impact their improvements have generated for their residential neighbors. We have tried to be good neighbors, but this new proposed expansion will effect our quality of life for five summers and further add to the noise we endure every school day. It will make it difficult to get to and from our underground garage, as the alley will be filled with workers and their equipment. It is already difficult with sanitation trucks and contractors working in different buildings. One of my greatest fears is the resulting rodent problem that will inevitably occur when the digging begins for the proposed multipurpose room. The rats can easily climb on the gigantic trees and gain access to our balconies. If the expansion were to occur, our daily lives would be further affected by the school. Our building's residents are primarily retired or still working from home, as a residual effect of the pandemic. The noise during the school day is very overwhelming at certain times of the day. I can't imagine what the level of noise will be with an addition of an open-air basketball court! If this expansion results in an increase in enrollment in future years, traffic will be even a greater issue than it is at the present time. Our open area sunroof would be out of commission for five summers, during the construction. As I mentioned before, the population of our building is primarily older, many with health concerns. I myself have asthma and the dust and pollutants from the proposed project will be detrimental to my health. I do not have central-air in my unit, so I must have open windows during the summer months. Other residents also do not have central-air. The noise pollution from the project will be a significant deterrent to our enjoyment of our homes, during this project. That could lead to major stress and negatively impact us physically, emotionally and mentally. Also, a long term consequence of this proposed expansion will most likely result in lower property values for our units. This would be very sad for twenty-two units! Please approve this appeal AN DO NOT approve this expansion. I definitely support the appeal. Janeice Schwartz From: Corin Nelson <corinnelson@me.com> Subject: Appeal 20ENT-0275 in advance of 4/12/22 mtg re: Carlthorp planned expansion Date: April 3, 2022 at 4:03:45 PM PDT To: Regina.Szilak@santamoncia.gov, councilmtgitems@santamonicagov.com, gleam.davis@smgov.net, phil.brock@smgov.net, christine.parra@smgov.net, lana.negrete@smgov.net, sue.himmelrich@smgov.net, kristin.mccowan@smgov.net, oscar.delatorre@smgov.net Cc: Frank Salcedo <franksalcedo@me.com>, Frank Lester <Elishayna@roadrunner.com>, Tony Barsocchini <tony@thebeverlyhillsestates.com>, Carmen Piccini <Littleitaly22@gmail.com>, Danielle Litak <danielle.davies.litak@gmail.com>, John Nockleby <John.Nockleby@lls.edu>, Tammy Starr <tamstarr@rogers.com>, Sandy Savett <SandySavett@aol.com>, Venke Blyberg <Venkec@aol.com>, Janeice Schwartz <janeices@verizon.net>, Corin Nelson <corinnelson@me.com>, mary ling <mling88@gmail.com>, Jennifer Kramer <jenkramer1@gmail.com> Good Afternoon to our esteemed members of the Santa Moncia City Council- I’m sending you this letter (in the body of the email and attached as a pdf) in advance of the meeting on 4/12/22 in which the Carlthorp School planned expansion will be discussed. I oppose the project of 6.A.m Packet Pg. 961 Attachment: comments post Feburary 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente course though I wish to do so properly, following the correct procedures and protocols. So, please just let me know if this is ok or I should send my letter elsewhere? Also can you let us know what time the mtg is on 4/12? We have been told 5:30 and 6:30 by different people Thanks so very much- Corin Nelson 446 San Vicente Blvd. Unit 304, Santa Monica, CA 90402 To: City Clerk Re: Carlthorp School Appeal 1685 Main Street, Room102, Santa Monica, CA 90401 RE: Appeal 20ENT-0275 April 3, 2022 My name is Corin Nelson. As a resident homeowner who has lived within 10 feet of the Carlthorp School for 15 years, I have reasonable and serious concerns about the proposed expansion of the school. I bought this condo at 446 San Vicente largely because of the peace and quiet of the neighborhood community which was to be welcome respite from my daily work in television. However, my only objection to living here through the years has been the increasing noise coming from the school, the traffic issues because of it and, also the rats that found their way to our condo from the school when it was tented a few years ago. I certainly never would have bought a condo next to a school that had plans to grow vertically with an open-air roof with basketball games, gym classes which will also likely be the site of school parties for the kids and parents – that will devalue my home and take 3-5 years of my peaceful summers away from me with massive construction for expansion going on. I can’t imagine why should the City Council approve a plan that so drastically undermines the quality of life of people in the neighborhood? As a neighbor of the school, I have been already impacted by previous Conditional Use Permit (CUP) expansion requests, which after approval, resulted in violations of the conditions included in the CUP. I’m sure that founders of the Carlthorp School never meant to cause the disruption of peace and harmony in my neighborhood, but at this point, my peace and the quiet enjoyment of my home has been left up to Carlthorp School and the City of Santa Monica. Here are just a few of my concerns with this project: • Noise, dirt, demolition, building, trucks, construction for 3 - 5 years? That’s insane. Just because they don’t want to inconvenience the school during the school year so they’ll just do it in the summer? They think that 5 summers of us having to live next to a huge construction site is ok? No it is not ok. The dust, debris, noise, pollutants, trucks, privacy of our roof deck, west façade and windows destroyed – unbearable. This project will impact me and my neighbors mentally, physically and spiritually. There is nothing harmonious about the way the school or its desire to grow has been harmonious. They did not even attempt any community outreach to see what their neighbors’ concerns were about the project and try to offer solutions or compromises. It is not ok. 6.A.m Packet Pg. 962 Attachment: comments post Feburary 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente • There has already been gradually increasing congestion and interrupted traffic flow at, and around the school. This will only get much worse with the project at hand. Reduced unfettered access to public streets, public alley ways and private driveways on residential streets. Plus, the trucks and disruption will affect the safety of northbound public traffic attempting to turn right onto San Vicente Blvd. As it is, no one can park on this street or even pull up to our building easily during school hours – it was not that way when I moved in here. • Trees planted at the property line between our condo and Carlthorp which were not to exceed 16 feet in height, have grown way beyond that and now block out the sun to residents adjacent to the trees. • There has already been increasing noise levels from the school as enrollments have increased over time and with this expansion it will be unbearable. What was the number of students enrolled 5 years ago? What is it today? What do they project it will be in 5 years when they finish construction? • The new project suggests an unregulated and excessive expansion of use. The school does not seemingly currently abide by any rules or consideration of what is appropriate usage of their grounds. It’s like the school dominates this end of San Vicente and we all just live with it. • The value of our homes will decrease greatly. At 446 SV, I currently own a little condo by the beach but with this expansion, it’s more like I will own an apartment in the center of town. What could have been described as a “peaceful beach community condo” becomes “a busy, bustling, active, noisy condo conveniently located next to one of the wealthiest schools around” – with open-air basketballs games, 2 flights up and 25 feet from our windows. It's comical when I read that previous sentence back to myself because it is so absurd! To be clear – this project will have a long-term negative impact of the market value of my home. • If you see the letter I have attached from Dorothy Menzies (who was the Head of The School until recently)she promised in 1986 “…the enrollment of Carlthorp school will not increase… and due to the size of the playground, there will be positively no increase in the future.” So now they’re tripling the playground and one would assume then that they plan to have many more students (hence their need for the proposed underground parking garage). At what point does the school realize that their ambitions for the school have outgrown the spot they are in. Instead of expanding vertically and adding a new floor beneath and a new floor on the top of the existing building, why don’t they consider moving the school entirely?. I am 100% not in favor of this project being approved, and I support the Appeal Corin Nelson 446 SAN VICENTE BLVD., UNIT 304, SANTA MONICA, CALIFORNIA 90402 446 San Vicente Blvd., Unit 105, Santa Monica, California 90402 6.A.m Packet Pg. 963 Attachment: comments post Feburary 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Dear Mayor Himmelrich and Distinguished Members of the City Council, My name is Audrey Lohara, and I am a sixth grade student at Carlthorp. I have been a Carlthorp student since 2015 and the school has been integral to my growth and development scholastically, socially, and as a person. I have been so grateful for the opportunity to attend Carlthorp School and hope to share with you what I feel makes Carlthorp such a special place and what it has meant to me. It has been a privilege to be a part of a warm and intimate school community that provides the best academics, the best teachers, and the best activities to create a well-rounded experience. I started Kindergarten as a shy and curious child and Carlthorp has helped me to find and use my voice confidently. Over the years, I have participated in student council, I was one of the leads in the school’s 'Alice in Wonderland' production, I have played on the girls' volleyball and basketball teams, I have been on the debate team and I am the editor in chief of the literary magazine. Thanks to Carlthorp, I have gained important skills in leadership, a strong work ethic, and responsibility that will help me for the rest of my life. Without a doubt, I can confidently say that Carlthorp has prepared me with the best foundation for future success. I feel that the proposed enhancements to the campus would update and improve the school for years to come, especially a genuine multipurpose room and a brand new, expanded playing field. Having another multipurpose room at Carlthorp would allow the school to host more theatrical and musical performances and give more space to families and guests who could attend in comfort. Also, a multipurpose room would benefit student assemblies, gatherings, and other significant school capacities. Numerous other public and private schools in Santa Monica have multipurpose rooms or halls, so I think that Carlthorp should have one as well. Another play space at Carlthorp would greatly help the students and school community. A bigger play space would assist students with pursuing their athletic interests and create plenty of room for multiple sports to be played at once. I know from individual experience how challenging it is when students on the yard want to partake in various sports like volleyball, basketball, and football, yet there simply isn't enough room to accommodate everyone. A bigger playspace would permit all students to participate in their preferred game or movement. Having adequate outdoor space would also help to prevent mishaps and accidents with less crowding. The new play space would also encourage students to get more exercise, take needed breaks outside, and promote lifelong fitness. As I am getting ready to graduate, I am thankful for all that Carlthorp has provided me - a strong educational foundation and some of my happiest elementary school memories. What I want most is to see the school’s continued success for future years. The proposed improvements to Carlthorp School will enhance a greater feeling of community spirit, provide a more secure climate for all, and permit students to pursue their interests and thrive. Thank you for your time and consideration. Respectfully, Audrey Lohara ` My name is Jason Lee. I am 10 years old and in fourth grade. I love Carlthorp School because of the teachers, classes, and fun time with my friends. My favorite subjects in school are math, reading, and current news 6.A.m Packet Pg. 964 Attachment: comments post Feburary 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente events. I also love playing sports for Carlthorp. I play football, basketball, and soccer. The teachers at Carlthorp are so kind, encouraging, and helpful. They make it worthwhile to spend my time at Carlthorp. My current teachers are Mr. Burwick and Ms. Schwarts. They are both amazing teachers, and they help me so much. Carlthorp is an amazing school. The school is special because of the Code of Conduct, which emphasizes kindness, good citizenship, and community service. Our students are growing to be the next leaders in the community. Sadly, sometimes there are issues because of the limited amount of space we have in the campus. I love playing sports, but the playground that we can play in is sometimes too small for some of these games. I was playing four square the other day, and I bumped into my friend because there wasn’t enough space! It would be most helpful for you to allow us to improve our playground area. Another reason why allowing Carlthorp to improve their campus is because the multipurpose room is too small for the whole school. I know this because when I performed for the Talent Show in the MPR, the room was so crowded that I couldn't see my parents cheering me on. They were actually in the outside hallway. I got really nervous and didn’t want to perform. My little sister is in the talent show this year. I hope there is enough room for my parents to see her act. It would also be so helpful if our lunch area was covered so that we could use it even if the weather is not great. Right now, we are eating lunch in the parking lot. Carlthorp has done a good job of trying to make it a good space, but it’s still a parking lot. Compared to other similar schools, our campus is dramatically smaller. It would be very helpful to the students of Carlthorp for you to let us improve our campus so we can make better use of the space that we have. The impact to the students, larger community, and the future would be huge. So please, please, let us improve our campus to benefit the students and the community! Sincerely, Jason Lee 6.A.m Packet Pg. 965 Attachment: comments post Feburary 2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente PROPOSED ROOFTOP CHILDREN'S PLAY COURT (OPEN AIR) +126'-6" GEORGINA PL TRASH & RECYCLING 10' - 2" CENTER LINE OF ALLEY R1 DISTRICT PROPERTY LINE PROPERTY LINEREAR YARDSETBACKWIDTH OF ALLEY20' - 0"15' - 0" MIN25' - 0" MINBUILDING LINE TO R1 DISTRICTR2 DISTRICTR2 DISTRICTSHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 6/8/20 1:05:18 PM 1/8" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402EX 03 SITE PLAN ALLEY SETBACKS 05.18.20 SUPPORT SPACE IMPROVEMENTS1/8" = 1'-0"1SITE PLAN ZONING PLAN NTS 2 6.A.n Packet Pg. 966 Attachment: Carlthorp School play court 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San 6236 SF EXISTING FLOOR AREA 2537 SF EXISTING FLOOR AREA 4728 SF EXISTING FLOOR AREA 8608 SF EXISTING FLOOR AREA 770 SF EXISTING FLOOR AREA 6925 SF EXISTING FLOOR AREA SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 5/12/2020 4:50:58 PM 1/16" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402EX 01 EXISTING LOWER LEVEL & MAIN LEVEL AREA PLAN 05.12.20 SUPPORT SPACE IMPROVEMENTS1/16" = 1'-0"2(E) GROUND/SECOND FLOOR AREA PLAN 1/16" = 1'-0"1(E) BASEMENT/GROUND FLOOR AREA PLAN EXISTING BUILDING FLOOR AREA Level AREA (SF) (E) LOWER LEVEL 16303 (E) MAIN LEVEL 13501 (E) UPPER LEVEL 8593 GRAND TOTAL 38397 EXISTING FLOOR AREA PLANS 6.A.o Packet Pg. 967 Attachment: Carlthorp School FLOOR AREA 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 8593 SF EXISTING FLOOR AREA SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 5/12/2020 4:50:59 PM 1/16" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402EX 02 EXISTING UPPER LEVEL AREA PLAN 05.12.20 SUPPORT SPACE IMPROVEMENTS1/16" = 1'-0"1(E) SECOND FLOOR/ROOF AREA PLAN EXISTING BUILDING FLOOR AREA Level AREA (SF) (E) LOWER LEVEL 16303 (E) MAIN LEVEL 13501 (E) UPPER LEVEL 8593 GRAND TOTAL 38397 EXISTING FLOOR AREA PLANS 6.A.o Packet Pg. 968 Attachment: Carlthorp School FLOOR AREA 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) BASEMENT FLOOR +97'-3" BASEMENT FLOOR +97'-3" UPPER BASEMENT FLOOR +101'-6" FOOTPRINT OF NEW CONSTRUCTION ABOVE PL 1 17 2 18 3 19 4 20 5 21 6 22 7 23 8 24 9 25 10 26 11 27 12 28 13 14 30 15 31 16 32 LOWER BASEMENT FLOOR +89'-8" LOWER BASEMENT FLOOR +89'-8"4' - 0"3' - 8"BASEMENT LEVEL (ABOVE) +97'-3" STAGE +91'-8" NEW MULTI-PURPOSE RM PROPOSED ELEVATOR TIERED SEATING PARKING - 32 STALLS STORAGE CLASSROOM - BREAK OUT ROOM CLASSROOM - SPANISH EXISTING CLASSROOM/ MULTI-PURPOSE RM CLASSROOM - MATH READING P.E. OFFICE PL (ASSIGNED TANDEM PARKING TO FACULTY/STAFF) STORAGE FACILITIES OFFICE MAIN POWER SHUT OFF ELEV ROOM SERVER ROOM STOR STOR FACULTY LOUNGE STOR +91'-8" 8' - 1" BIKE STORAGE - 8 SPACES HVO5' - 0"65' - 6"75' - 11"22' - 9"118' - 11" EXISTING READING ROOM TO BE CONVERTED TO RESTROOM/SHOWERS PROPOSED STAIR AND PARTITION CORRIDOR 19 20 21 2211' - 3"NEW PROPOSED FLOOR AREA ** FOR PURPOSES OF CEQA EXEMPTION GROUND FLOOR: ENCLOSED LUNCH SEATING = 936 SF NEW GROUND FLOOR CORRIDOR = 706 SF TOTAL NEW GROUND FLOOR AREA = 1,642 SF SECOND FLOOR: NEW ADMINISTRATIVE OFFICES = 845 SF TOTAL NEW PROPOSED FLOOR AREA: ( < 25% OF EXISTING FLOOR AREA) EXISTING # OF CLASSROOMS = 22 PROPOSED # OF CLASSROOMS = NO CHANGE TOTAL EXISTING FLOOR AREA: 38,397 SF 13,501 SF PROPOSED FLOOR AREA CALCULATIONS: EXISTING FLOOR AREA CALCULATIONS: GROUND/SECOND FLOOR: ** COVERED PARKING INCLUDED IN EXISTING FLOOR AREA CALCULATION TOTAL NEW PROPOSED FLOOR AREA = 18.95% OF TOTAL EXISTING FLOOR AREA 7,280 SF EXISTING FLOOR AREA BASEMENT/GROUND FLOOR: 16,303 SF ** SECOND FLOOR: 8,593 SF BASEMENT: NEW SECOND MULTI - PURPOSE ROOM = 3,819 SF NEW BASEMENT CORRIDOR = 974 SF TOTAL NEW BASEMENT FLOOR AREA = 4,793 SF SHEET NUMBER: SHEET TITLE: DATE : 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE : 4/20/2022 2:38:58 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A120-FA BASEMENT/GROUND FLOOR PLAN - FLOOR AREA 04.20.22 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1 BASEMENT & GROUND FLOOR PLAN - FLOOR AREA DIAGRAM N 6.A.o Packet Pg. 969 Attachment: Carlthorp School FLOOR AREA 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) DN DN DN DN UPUPDNDNDN UPNEW ENCLOSURE OF EXISTING LUNCH SEATING AND/OR ADDITIONAL OFFICE SPACE OUTLINE OF MULTI-PURPOSE ROOM BELOW GRADE OUTLINE OF ELEVATED COURT ABOVE PROPOSED ELEVATOR PL ARTIFICIAL TURF PLAYFIELD 21' - 1"PLANTERHANDICAPPED PARKINGHANDICAPPED PARKING BIKE RACK GATE ENTRANCE FLAGPOLE HEDGE HEDGECLASSROOM - SCIENCE CLASSROOM - 4TH GRADE CLASSROOM - 4TH GRADE CLASSROOM - 3RD GRADE CLASSROOM - 3RD GRADE CLASSROOM - 2ND GRADE CLASSROOM - 2ND GRADE CLASSROOM - KINDERGARTEN CLASSROOM - 6TH GRADE CLASSROOM - 6TH GRADE CLASSROOM - 1ST GRADE CLASSROOM - 1ST GRADE RECEPTION/ FRONT OFFICE BOARDROOM KITCHEN CLASSROOM - KINDERGARTEN CL OF ALLEY 1 2 3 4 5 6 78910111213 PROPOSED ELEVATOR NEW PROPOSED FLOOR AREA ** FOR PURPOSES OF CEQA EXEMPTION GROUND FLOOR: ENCLOSED LUNCH SEATING = 936 SF NEW GROUND FLOOR CORRIDOR = 706 SF TOTAL NEW GROUND FLOOR AREA = 1,642 SF SECOND FLOOR: NEW ADMINISTRATIVE OFFICES = 845 SF TOTAL NEW PROPOSED FLOOR AREA: ( < 25% OF EXISTING FLOOR AREA) EXISTING # OF CLASSROOMS = 22 PROPOSED # OF CLASSROOMS = NO CHANGE TOTAL EXISTING FLOOR AREA: 38,397 SF 13,501 SF PROPOSED FLOOR AREA CALCULATIONS: EXISTING FLOOR AREA CALCULATIONS: GROUND/SECOND FLOOR: ** COVERED PARKING INCLUDED IN EXISTING FLOOR AREA CALCULATION TOTAL NEW PROPOSED FLOOR AREA = 18.95% OF TOTAL EXISTING FLOOR AREA 7,280 SF EXISTING FLOOR AREA BASEMENT/GROUND FLOOR: 16,303 SF ** SECOND FLOOR: 8,593 SF BASEMENT: NEW SECOND MULTI - PURPOSE ROOM = 3,819 SF NEW BASEMENT CORRIDOR = 974 SF TOTAL NEW BASEMENT FLOOR AREA = 4,793 SF SHEET NUMBER: SHEET TITLE: DATE : 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE : 4/20/2022 2:38:58 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A121-FA GROUND/SECOND FLOOR PLAN - FLOOR AREA 04.20.22 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"1GROUND & 2ND FLOOR PLAN - FLOOR AREA DIAGRAM N 6.A.o Packet Pg. 970 Attachment: Carlthorp School FLOOR AREA 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) DN NEW ROOFTOP CHILDREN'S PLAY COURT (OPEN AIR) +126'-6" SECOND FLOOR +119'-6" +119'-6" +126'-6" NEW ADMIN OFFICES NEW ELEVATOR PL LIBRARY CLASSROOM - COMPUTER LAB OFFICEOFFICEOFFICE OFFICE CLASSROOM - ART ROOM CLASSROOM - READING ROOM CLASSROOM - 5TH GRADE CLASSROOM - 5TH GRADE OFFICE OFFICE OFFICE NEW STAIR 14 15 16 17 18 LUNCH AREA PORCH TRELLIS NEW ELEVATOR NEW PROPOSED FLOOR AREA ** FOR PURPOSES OF CEQA EXEMPTION GROUND FLOOR: ENCLOSED LUNCH SEATING = 936 SF NEW GROUND FLOOR CORRIDOR = 706 SF TOTAL NEW GROUND FLOOR AREA = 1,642 SF SECOND FLOOR: NEW ADMINISTRATIVE OFFICES = 845 SF TOTAL NEW PROPOSED FLOOR AREA: ( < 25% OF EXISTING FLOOR AREA) EXISTING # OF CLASSROOMS = 22 PROPOSED # OF CLASSROOMS = NO CHANGE TOTAL EXISTING FLOOR AREA: 38,397 SF 13,501 SF PROPOSED FLOOR AREA CALCULATIONS: EXISTING FLOOR AREA CALCULATIONS: GROUND/SECOND FLOOR: ** COVERED PARKING INCLUDED IN EXISTING FLOOR AREA CALCULATION TOTAL NEW PROPOSED FLOOR AREA = 18.95% OF TOTAL EXISTING FLOOR AREA 7,280 SF EXISTING FLOOR AREA BASEMENT/GROUND FLOOR: 16,303 SF ** SECOND FLOOR: 8,593 SF BASEMENT: NEW SECOND MULTI - PURPOSE ROOM = 3,819 SF NEW BASEMENT CORRIDOR = 974 SF TOTAL NEW BASEMENT FLOOR AREA = 4,793 SF SHEET NUMBER: SHEET TITLE: DATE : 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE : 4/20/2022 2:38:59 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A122-FA 2ND FLOOR/ROOF PLAN -FLOOR AREA 04.20.22 SUPPORT SPACE IMPROVEMENTS3/32" = 1'-0"12ND FLOOR AND ROOF PLAN - FLOOR AREA DIAGRAM N 6.A.o Packet Pg. 971 Attachment: Carlthorp School FLOOR AREA 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) BASEMENT FLOOR +97'-3" BASEMENT FLOOR +97'-3" PL LOWER BASEMENT FLOOR +89'-8" LOWER BASEMENT FLOOR +89'-8"3' - 8"BASEMENT LEVEL (ABOVE) +97'-3" STAGE +91'-8" NEW MULTI-PURPOSE RM NEW ELEVATOR TIERED SEATING STORAGE CLASSROOM - BREAK OUT ROOM CLASSROOM - SPANISH EXISTING CLASSROOM/ MULTI-PURPOSE RM CLASSROOM - MATH READING P.E. OFFICE PL STORAGE FACILITIES OFFICE MAIN POWER SHUT OFF ELEV ROOM SERVER ROOM STOR STOR RESTROOMS FACULTY LOUNGE STOR +91'-8"HVO5' - 0"EXISTING READING ROOM TO BE CONVERTED TO RESTROOMS NEW STAIR AND PARTITION CORRIDOR 1 A300-B/C 1 A300-B/C 3 A300-B/C 3 A300-B/C 2 A300-B/C 2 A300-B/C SHEET NUMBER: SHEET TITLE: DATE : 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE : 4/20/2022 2:21:47 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A120-B BASEMENT PLAN - PARCEL COVERAGE 04.20.22 SUPPORT SPACE IMPROVEMENTS* BASEMENT AREAS DO NOT CONTRIBUTE TO THE PARCEL COVERAGE CALCULATION. COLORED AREAS ARE COUNTED ON GROUND FLOOR PARCEL COVERAGE. SEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS THIS AREA COUNTS TOWARDS FIRST FLOOR PARCEL COVERAGE 6.A.p Packet Pg. 972 Attachment: Carlthorp School PARCEL COVERAGE AND FLOOR DIAGRAMS 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) UP DNDNDNUPNEW ENCLOSURE OF EXISTING LUNCH SEATING AND/OR ADDITIONAL OFFICE SPACE OUTLINE OF MULTI-PURPOSE ROOM BELOW GRADE HANDICAPPED PARKINGHANDICAPPED PARKING BIKE RACK HEDGECLASSROOM - KINDERGARTEN CLASSROOM - 6TH GRADE CLASSROOM - 6TH GRADE CLASSROOM - KINDERGARTEN CL OF ALLEY 1 A300-B/C 1 A300-B/C 3 A300-B/C 3 A300-B/C 2 A300-B/C 2 A300-B/C EXISTING PARKING CLASSROOM CLASSROOM PORCH NEW ELEVATOR NEW ELEVATOR CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F) CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F) READING P.E. OFFICE FACILITIES OFFICE ELEV ROOM SERVER ROOM RESTROOMS FACULTY LOUNGE EXISTING MULTI- PURPOSE ROOM NEW PARCEL COVERAGE: NEW ENCLOSED LUNCH SEATING = 936 SF TOTAL NEW GROUND FLOOR PARCEL COVERAGE = 2,462 SF NEW ELEVATORS = 278 SF EXISTING GROUND FLOOR PARCEL COVERAGE: PARCEL COVERAGE CALCULATIONS TOTAL PARCEL AREA FROM SURVEY: GROUND FLOOR: EXISTING PARCEL COVERAGE: 18,536 SF TOTAL GROUND FLOOR PARCEL COVERAGE: EXISTING = 18,536 SF TOTAL (EXISTING + NEW) =20,998 SF NEW = 2,462 SF NEW GROUND FLOOR PARCEL COVERAGE: TOTAL GROUND FLOOR PARCEL COVERAGE: (EXISTING + NEW) 18,536 SF (39.98 % OF PARCEL AREA) 46,362.50 SF 2,462 SF (5.31 % OF PARCEL AREA) 20,998 SF (45.29 % OF PARCEL AREA) FOR PURPOSES OF CODE COMPLIANCE AREA UNDER PLAY COURT = 1,138 SF NEW STAIR = 110 SF TOTAL ALLOWABLE (BY CODE) GROUND FLOOR PARCEL COVERAGE: 20,863.13 SF (45% OF PARCEL AREA) TOTAL PROPOSED GROUND FLOOR PARCEL COVERAGE ALLOWED BASED ON MINOR MODIFICATION INCREASE: 20,998 SF (45.29 % OF PARCEL AREA) SHEET NUMBER: SHEET TITLE: DATE : 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE : 4/20/2022 2:21:49 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A121-B GROUND FLOOR PLAN -PARCEL COVERAGE 04.20.22 SUPPORT SPACE IMPROVEMENTS6.A.p Packet Pg. 973 Attachment: Carlthorp School PARCEL COVERAGE AND FLOOR DIAGRAMS 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) +119'-6" NEW ADMIN OFFICES NEW ELEVATOR NEW ELEVATOR PL LIBRARY CLASSROOM - 5TH GRADE CLASSROOM - 5TH GRADE OFFICE OFFICE OFFICE NEW STAIR 1 A300-B/C 1 A300-B/C 3 A300-B/C 3 A300-B/C SCIENCE CLASSROOM - 4TH GRADE CLASSROOM - 4TH GRADE CLASSROOM - 3RD GRADE CLASSROOM - 3RD GRADE CLASSROOM - 2ND GRADE OVERHANG OF ROOFTOP PLAY COURT ABOVE 2 A300-B/C 2 A300-B/C SEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-B THIS PORTION OF STAIR EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (G)LUNCH AREA PORCH TRELLIS EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (E)THIS PORTION OF CORRIDOR WALL IS OPEN CLASSROOM - 2ND GRADE (LOWERED FLOOR IN THIS AREA) DNUP CLASSROOM - 1ST GRADE CLASSROOM - 1ST GRADE RECEPTION/ FRONT OFFICE BOARDROOM KITCHEN FOR PURPOSES OF CODE COMPLIANCE PARCEL COVERAGE CALCULATIONS TOTAL NEW UPPER LEVEL PARCEL COVERAGE = 1,260 SF NEW ELEVATORS = 290 SF NEW ADMIN OFFICES = 250 SF SECOND FLOOR: NEW PARCEL COVERAGE: EXISTING PARCEL COVERAGE: 17,631 SF TOTAL UPPER LEVEL PARCEL COVERAGE: EXISTING = 17,631 SF TOTAL (EXISTING + NEW) =18,891 SF NEW = 1,260 SF AREA UNDER PLAY COURT = 720 SF TOTAL ALLOWABLE (BY CODE) GROUND FLOOR PARCEL COVERAGE: 20,863.13 SF (45% OF PARCEL AREA) 18,898 SF (90% OF GROUND FLOOR PARCEL AREA) TOTAL PROPOSED GROUND FLOOR PARCEL COVERAGE ALLOWED BASED ON MINOR MODIFICATION INCREASE: 20,998 SF (49.29 % OF PARCEL AREA) TOTAL PROPOSED 2ND FLOOR PARCEL COVERAGE ALLOWED BASED ON MINOR MODIFICATION INCREASE: 18,895 SF ( < 90% OF GROUND FLOOR PARCEL AREA) TOTAL 2ND FLOOR PARCEL COVERAGE (EXISTING + NEW): SHEET NUMBER: SHEET TITLE: DATE : 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE : 4/20/2022 2:21:53 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A122-B SECOND FLOOR PLAN -PARCEL COVERAGE 04.20.22 SUPPORT SPACE IMPROVEMENTSTHIS AREA COUNTS TOWARDS FIRST FLOOR PARCEL COVERAGE 6.A.p Packet Pg. 974 Attachment: Carlthorp School PARCEL COVERAGE AND FLOOR DIAGRAMS 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) NEW ROOFTOP CHILDREN'S PLAY COURT (OPEN AIR) +126'-6" EXISTING ROOF PL 1 A300-B/C 1 A300-B/C 3 A300-B/C 3 A300-B/C 2 A300-B/C 2 A300-B/C NEW ELEVATOR NEW ELEVATOR NEW STAIR BELOW LUNCH AREA PORCH TRELLIS BELOW THIS AREA IS EXISTING NON- CONFORMING THIRD FLOOR PARCEL COVERAGE SHEET NUMBER: SHEET TITLE: DATE : 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE : 4/20/2022 2:21:54 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A123-B 3RD FLOOR/ROOF PLAN -PARCEL COVERAGE 04.20.22 SUPPORT SPACE IMPROVEMENTS* THIS FLOOR PLAN DOES NOT CONTRIBUTE TO THE LOT COVERAGE SEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.p Packet Pg. 975 Attachment: Carlthorp School PARCEL COVERAGE AND FLOOR DIAGRAMS 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) (E) UPPER LEVEL +119' -6" (E) Top of Roof +134' -0" (E) MAIN LEVEL +107' -6" (E) LOWER LEVEL +97' -3" (E) A.N.G. +104' -6" (E) Basement Floor Upper +101' -6" (E) First Floor Upper +110' -0" Top of Court +126' -6" PROPOSED ELEVATED OPEN AIR PLAY COURT EXISTING PARKING EXISTING CLASSROOMS 8' - 0"30' - 0"3 A300-B/C STORAGE INTERSTITIAL/ATTIC SPACE - NOT OCCUPIABLE CLASSROOM GROUND FLOOR SECOND FLOOR GROUND FLOOR BASEMENT 2 A300-B/C 1' - 2"NEW CLASSROOM CEILING AND BUILDING ENVELOPE 7' - 6"7' - 0"9' - 6"5' - 6"3' - 0"5' - 3" .101.32' 103.72'' A122 1 A122 1 A121 1 A121 1 A120 1 A120 1 A123 1 A123 1 7' - 8"FLOOR TO BE DEMOLISHED NEW FLOOR AT +105' - 8" 1' - 11"NEW STAIR EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (G) (E) UPPER LEVEL +119' -6" (E) Top of Roof +134' -0" (E) MAIN LEVEL +107' -6" (E) LOWER LEVEL +97' -3" (E) A.N.G. +104' -6" (E) Basement Floor Upper +101' -6" (E) First Floor Upper +110' -0" Basement Floor Lower +89' -8" (E) Roof +130' -3 1/2" Top of Court +126' -6" 1 A300-B/C PROPOSED ELEVATED OPEN AIR PLAYCOURT EXISTING CLASSROOM EXISTING PARKING EXISTING MULTI-PURPOSE ROOM LUNCH AREA PORCH TRELLIS NEW ELEVATOR NEW ELEVATOR BEYOND NEW ENCLOSURE OF EXISTING LUNCH SEATING AND/OR ADDITIONAL OFFICE SPACE 3' - 9"3' - 10"7' - 0"9' - 6"5' - 6"3' - 0"EXISTING STRUCTURE TO BE REMOVED 30' - 0"SECOND FLOOR GROUND FLOOR LIBRARY SECOND FLOOR CLASSROOM GROUND FLOOR BASEMENT CLASSROOM PORCH CLASSROOM PORCH NEW CLASSROOM CEILING AND BUILDING ENVELOPE EXISTING PORTION OF CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F) NEW PORTION OF CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F)8' - 0"INTERSTITIAL/ATTIC SPACE - NOT OCCUPIABLE 5' - 3"INTERSTITIAL/ATTIC SPACE - NOT OCCUPIABLE 107.81' 101.74' A123 1 A123 1 A122 1 A122 1 A121 1 A121 1 A120 1 A120 1 (E) UPPER LEVEL +119' -6" (E) Top of Roof +134' -0" (E) MAIN LEVEL +107' -6" (E) LOWER LEVEL +97' -3" (E) A.N.G. +104' -6" (E) Basement Floor Upper +101' -6" (E) First Floor Upper +110' -0" (E) Roof +130' -3 1/2" Top of Court +126' -6" 1 A300-B/C PROPOSED ELEVATED OPEN AIR PLAYCOURT INTERSTITIAL/ATTIC SPACE - NOT OCCUPIABLE INTERSTITIAL/ATTIC SPACE - NOT OCCUPIABLE 109.11' 102.67' EXISTING CLASSROOM EXISTING STORAGE 3' - 9"3' - 10"7' - 0"9' - 6"2' - 6"3' - 0"3' - 0"4' - 3"GROUND FLOOR BASEMENT 30' - 0"EXISTING CLASSROOMS SECOND FLOOR GROUND FLOOR BASEMENT SECOND FLOOR GROUND FLOOR THIRD FLOOR FACULTY LOUNGE EXISTING STRUCTURE TO BE REMOVED NEW CLASSROOM CEILING AND BUILDING ENVELOPE 8' - 0"5' - 3"A123 1 A123 1 A122 1 A122 1 A121 1 A121 1 A120 1 A120 1 FLOOR TO BE DEMOLISHED NEW FLOOR AT +105' - 8" 7' - 8"1' - 8"1' - 2"SHEET NUMBER: SHEET TITLE: DATE : 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE : 4/20/2022 2:21:56 PM 1/8" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A300-B/C SECTION DIAGRAMS 04.20.22 SUPPORT SPACE IMPROVEMENTS1/8" = 1'-0"1E/W SECTION THROUGH ELEVATED COURT DIAGRAM 1/8" = 1'-0"2 N/S SECTION THROUGH MULTI-PURPOSE ROOM & ELEVATED COURT DIAGRAM SMMC 9.52.020.0180 Attic. The area less than 7 feet in height, located above the ceiling of the top story and below the roof that is not usable as habitable or commercial space and is not accessible via a permanent access structure. An attic shall not be considered a story. 1/8" = 1'-0"3 N/S SECTION THROUGH STORAGE AND FACULTY LOUNGE DIAGRAM DIAGONAL HATCH INDICATES AREA EXCLUDED FROM PARCEL COVERAGE CALCULATIONS. 6.A.p Packet Pg. 976 Attachment: Carlthorp School PARCEL COVERAGE AND FLOOR DIAGRAMS 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) +97'-3" PL +89'-8" +89'-8" LOWER LEVEL (ABOVE) +97'-3" STAGE +91'-8" NEW MULTI-PURPOSE RM NEW ELEVATOR TIERED SEATING STORAGE BREAK OUT ROOM SPANISH EXISTING MULTI-PURPOSE RM MATH READING P.E. OFFICE PL STORAGE FACILITIES OFFICE MAIN POWER SHUT OFF ELEV ROOM SERVER ROOM STOR STOR FACULTY LOUNGE STOR +91'-8" NEW STAIR AND PARTITION CORRIDOR 8 (N) STAFF LOCKERS BASEMENT (+97' -3") 0' -0" -7' -7" -5' -7" 1 A300-B/C 1 A300-B/C 3 A300-B/C 3 A300-B/C 2 A300-B/C 2 A300-B/C BASEMENT FLOOR +97'-3" GROUND FLOOR (+97' -3") BASEMENT (+97' -3") BASEMENT (+97' -3") GROUND FLOOR (+101' -6") SHEET NUMBER: SHEET TITLE: DATE : 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE : 4/20/2022 2:21:48 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A120-C BASEMENT DIAGRAM 04.20.22 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.p Packet Pg. 977 Attachment: Carlthorp School PARCEL COVERAGE AND FLOOR DIAGRAMS 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) UP DNDNDNUPNEW ENCLOSURE OF EXISTING LUNCH SEATING (NOTE THERE IS NO FLOOR BELOW THIS AREA) OUTLINE OF MULTI-PURPOSE ROOM BELOW GRADE PLANTERHANDICAPPED PARKINGHANDICAPPED PARKING BIKE RACK HEDGECLASSROOM - KINDERGARTEN CLASSROOM - 6TH GRADE CLASSROOM - 6TH GRADE CLASSROOM - 1ST GRADE CLASSROOM - 1ST GRADE RECEPTION/ FRONT OFFICE BOARDROOM KITCHEN CLASSROOM - KINDERGARTEN CL OF ALLEY PROPOSED BIKE RACKS 1 A300-B/C 1 A300-B/C 3 A300-B/C 3 A300-B/C GROUND FLOOR (+107' -6") 2 A300-B/C 2 A300-B/C CLASSROOM PORCH NEW ELEVATOR NEW ELEVATOR CLASSROOM PORCH SECOND FLOOR (+108' -9")GROUND FLOOR(+108' -9")GROUND FLOOR (+107' -6") SCIENCE CLASSROOM - 4TH GRADE CLASSROOM - 4TH GRADE CLASSROOM - 2ND GRADE GROUND FLOOR (+107' -6") GROUND FLOOR (+97' -3") GROUND FLOOR (+101' -6") STORAGE SHEET NUMBER: SHEET TITLE: DATE : 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE : 4/20/2022 2:21:51 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A121-C FIRST FLOOR DIAGRAM 04.20.22 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS DIAGONAL HATCH INDICATES AREA EXCLUDED FROM PARCEL COVERAGE CALCULATIONS. 6.A.p Packet Pg. 978 Attachment: Carlthorp School PARCEL COVERAGE AND FLOOR DIAGRAMS 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) +119'-6" LUNCH AREA PORCH TRELLIS PL LIBRARY CLASSROOM - COMPUTER LAB OFFICEOFFICEOFFICEOFFICE CLASSROOOM - ART ROOM CLASSROOM - READING ROOM CLASSROOM - 5TH GRADE CLASSROOM - 5TH GRADE OFFICE OFFICE OFFICE NEW STAIR SECOND FLOOR (+119' -6") 1 A300-B/C 1 A300-B/C 3 A300-B/C 3 A300-B/C 2 A300-B/C 2 A300-B/C NEW ELEVATOR NEW ELEVATOR THIRD FLOOR (+119' -6") NEW ADMIN OFFICES SECOND FLOOR (+119' -6") SECOND FLOOR (+110 -0) SECOND FLOOR (+107' -6") GROUND FLOOR (+105' -8") SHEET NUMBER: SHEET TITLE: DATE : 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE : 4/20/2022 2:21:53 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A122-C SECOND FLOOR DIAGRAM 04.20.22 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS DIAGONAL HATCH INDICATES AREA EXCLUDED FROM PARCEL COVERAGE CALCULATIONS. GROUND FLOOR (+107' -6") CLASSROOM PORCH 6.A.p Packet Pg. 979 Attachment: Carlthorp School PARCEL COVERAGE AND FLOOR DIAGRAMS 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 A300-B/C 1 A300-B/C 3 A300-B/C 3 A300-B/C EXISTING ROOF NEW STAIR BELOW PL ROOFTOP PLAY COURT NOT A FLOOR 126' -6" 2 A300-B/C 2 A300-B/C NEW ELEVATOR NEW ELEVATOR LUNCH AREA PORCH TRELLIS BELOW SHEET NUMBER: SHEET TITLE: DATE : 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE : 4/20/2022 2:21:55 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A123-C ROOF PLAN DIAGRAM 04.20.22 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS DIAGONAL HATCH INDICATES AREA EXCLUDED FROM PARCEL COVERAGE CALCULATIONS. 6.A.p Packet Pg. 980 Attachment: Carlthorp School PARCEL COVERAGE AND FLOOR DIAGRAMS 5.10.22 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) ANGEL LAW 2601 Ocean Park Blvd., Suite 205 Santa Monica, CA 90405-5269 Tel: (310) 314-6433 Fax: (310) 314-6434 angellaw.com         February 21, 2022 Honorable Mayor Sue Himmelrich and Members of the Santa Monica City Council 1685 Main Street, Room 209 Santa Monica, California 90401 Via Email to sue.himmelrich@smgov.net; Kristin.McCowan@smgov.net; phil.brock@smgov.net; gleam.davis@smgov.net; oscar.delatorre@smgov.net; lana.negrete@smgov.net; christine.parra@smgov.net; council@smgov.net; Heidi.vonTongeln@santamonica.gov; attorney@smgov.net; Jing.Yeo@smgov.net; planning@smgov.net;   Re: 02-22-2022 Santa Monica City Council Meeting (Agenda Item 6.A -- Carlthorp School Expansion Project at 438 San Vicente Blvd.) Dear Mayor Himmelrich and Members of the Santa Monica City Council: Appellant Steven Salsberg has retained Angel Law to submit this letter on behalf of himself, all similarly situated residents of Santa Monica and all Santa Monica citizens interested in or benefitting from City Council compliance with the Ralph M. Brown Act (Brown Act; Gov. Code § 54950 et seq.), a statute intended “to facilitate public participation in all phases of local government decisionmaking. . . .” (San Joaquin Raptor Rescue Center v. County of Merced (2013) 216 Cal.App.4th 1167, 1176, emphasis added; internal quotation marks & citations omitted.) On two separate and independent grounds, we request that the hearing on the Carlthorp School expansion project be taken off calendar and re-noticed. First, the February 22, 2022 hearing has been noticed in violation of the Brown Act. Second, staff’s recommended exemption of the project from environmental review under the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) violates CEQA and the State CEQA Guidelines. (Cal. Code Regs., tit. 14, § 15000 et seq.) Our request serves to enable the City of Santa Monica (City) to properly notice the appeal hearing on the Carlthorp School expansion project and to thus proceed in the manner required by the Brown Act. It will further 6.A.q Packet Pg. 981 Attachment: 2022-02-21 angellaw comment ltr (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Hon. Mayor Himmelrich and Members of the City Council February 21, 2022 Page 2   enable the City to proceed consistent with CEQA and the State CEQA Guidelines by allowing staff to prepare an initial CEQA study to determine whether a negative declaration, a mitigated negative declaration, or a full-blown environmental impact report is appropriate for the development and uses proposed. The proposed CEQA exemptions are not. Brown Act Violation It is of course a central and long-standing requirement of the Brown Act that the legislative body of a local government post, at least 72 hours before a meeting, an agenda containing a brief general description of each item of business to be transacted at the meeting. (Gov. Code § 54954.2, subd. (a)(1).) Government Code section 54954.2, subdivision (a)(1), in pertinent part, states: “At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. . . . The agenda . . . shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet Web site. . . .” (See also id., subd. (a)(2).) Where the City’s elected legislative body, the City Council, is called upon to make a determination or finding concerning CEQA or the State CEQA Guidelines along with the approval of a development permit, such as a discretionary conditional use permit (CUP), the posted agenda must provide public notice of both the proposed determination concerning the development permit and the proposed determination concerning CEQA. (See San Joaquin Raptor Rescue Center, supra, 216 Cal.App.4th at pp. 1169-1170, 1176-1179.) Here, the agenda for the City Council regular meeting of February 22, 2022 describes the item of business at issue (Item 6.A) as follows: “Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd New item received 2/18/2022 “Recommended Action “Staff recommends the City Council deny Appeal 20ENT-0275, appealing the Planning Commission’s approval of Conditional Use Permit 19ENT-0250 and Minor Modification 20ENT- 0066 for a 7,898 square foot expansion to the Carlthorp School, rooftop playcourt, and 0.29% increase to the allowable ground floor parcel coverage, and approve the requested CUP and Minor Modification, based upon the findings and analysis outlined in this report.” (Bold characters in original.) There is no mention in this agenda description of the proposed grant of a CEQA exemption for the project.1 Yet, the City Council, in the exercise of its de novo review of the Carlthorp School expansion project, must determine both whether to grant the requested CUP and the   1 Remarkably, the notice of public hearing required by Santa Monica Municipal Code section 9.37.050 for all owners and residents of properties within a radius of 750 feet of the school site, likewise, omits any reference to the CEQA exemption. (See staff report, attachment G.) 6.A.q Packet Pg. 982 Attachment: 2022-02-21 angellaw comment ltr (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Hon. Mayor Himmelrich and Members of the City Council February 21, 2022 Page 3   minor modification; and whether the project is exempt from CEQA review (or, instead, requires preparation of an initial CEQA study).2 In fact, staff’s recommended CUP findings show that the City Council will grant the applicant a CEQA exemption should the council approve the project per staff’s recommendations. A CUP finding set forth in the statement of official action (STOA) proposed for the City Council’s adoption states: “Based on environmental review, the proposed project has no potentially significant environmental impacts or any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project. The proposed project is also categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31 of the State [CEQA] Implementation Guidelines in that the proposed addition to a non-contributor in the San Vicente Boulevard Courtyard Historic District is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (2017), revised by Anne E. Grimmer, and would not cause a substantial adverse change in the significance of the San Vicente Courtyard Historic District.”3 (Proposed CUP finding No. 7 at p. 5.) In other words, the City Council’s consideration of the CEQA exemption is an item of business to be publicly reviewed and acted upon at the appeal hearing and therefore had to be specifically disclosed in the posted February 22, 2022 meeting agenda. San Joaquin Raptor Rescue Center, supra, 216 Cal.App.4th 1167, offers an apt analogy. There, the planning staff of Merced County recommended approval of a subdivision application, along with a mitigated negative declaration (MND) under CEQA concerning the environmental impact of the subdivision project. When the project came up for approval by the Merced County Planning Commission, the commission’s posted meeting agenda noticed, as an item of business, the commission’s potential approval of the subdivision application, but did not mention the MND. The court of appeal in San Joaquin Raptor Rescue Center held that this manner of proceeding violated the agenda notice requirement of the Brown Act. Notably, in the litigation challenging the project’s approval, the county of Merced argued that the agenda notice requirement of Government Code section 54954.2 was satisfied “because the public would have implicitly understood that CEQA documents, if any, would likely be considered at the time of the project’s approval.” The court of appeal rejected this position. (216 Cal.App.4th at p. 1170; see id. at p. 1178 [“Even assuming for the sake of argument that a person could have speculated from what appeared on the agenda (i.e., the project’s approval) that the adoption of the MND might possibly be considered at the meeting, that would not make the agenda legally adequate”; original emphasis].) The court held that “the   2 Staff correctly notes that the City Council’s review of the Planning Commission’s decision is de novo. (Staff report at p. 2.) Indeed, the City Council has the power to “review and take action on all determinations, interpretations, decisions, judgments, or similar actions taken which were in the purview of the original hearing body on the application or project and is not limited to only the original reason stated for the appeal.” (Santa Monica Mun. Code, § 9.37.130 (A)(3).) 3 The proposed STOA further cites Section 15303 of the State CEQA Guidelines (Class 3 categorical exemption) as additional grounds for exempting the project from CEQA review. (Proposed STOA at p. 1.) 6.A.q Packet Pg. 983 Attachment: 2022-02-21 angellaw comment ltr (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Hon. Mayor Himmelrich and Members of the City Council February 21, 2022 Page 4   Brown Act was violated in this case because the Commission took action on the MND when that matter was not expressly disclosed on the meeting agenda.” (Id. at p. 1170.) So, too, here if on February 22, the City Council approves the CEQA exemption -- whether explicitly or implicitly by granting the CUP based on the CEQA exemption findings recommended by staff. While in this case, the defective notice relates to a staff-recommended CEQA exemption rather than a staff- recommended recommended MND, for purposes of the Brown Act, this is a distinction without a difference. (See id. at p. 1178, fn. 17.) The court in San Joaquin Raptor Rescue Center recognized that issues related to the local environmental effects of a project “often motivate members of the public to participate in the process and have their voices heard.” (Id. at p. 1177.) “Of course, that is exactly what the Brown Act seeks to facilitate.” (Ibid.) “Its purposes include ensuring that the public is adequately notified of what will be addressed at a meeting in order to facilitate public participation and avoid secret legislation or decisionmaking.” (Id. at pp. 1177-1178, citations omitted.) In short, because the agenda posted last week for the City Council’s February 22, 2022 meeting fails to make the disclosure concerning the CEQA exemption determination for the Carlthorp School expansion project, it violates Government Code section 54954.2. Therefore, the appeal may not be heard on February 22. The matter must be re-noticed and the new notice should disclose the proposed CEQA exemption so that all members of the public interested in CEQA review have a fair and meaningful opportunity to address the exemption at the City Council’s de novo hearing on the project. CEQA Violation The recommended CEQA exemptions for Carlthorp School’s expansion project are unsubstantiated and erroneous. Staff’s review for exempting the Carlthorp School expansion project from CEQA is cursory and fundamentally flawed. (See CEQA Guidelines, § 15061.) First, staff’s conclusion that the environmental impacts of adding 7,259 square feet of new development to the existing school size of 38,397 square feet, a substantial, 20.6% increase in size, and of proposing a new rooftop playcourt, all in a residential zone, are not even potentially significant in the construction phase or long-term, is contradicted by the evidentiary record and staff’s own conclusion that “any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project.” (Proposed CUP finding No. 7, p. 5.) And that very conclusion precludes exempting the project from CEQA. “An agency should decide whether a project is eligible for a categorical exemption as part of its preliminary review of the project without reference to or reliance upon any proposed mitigation measures.” (Salmon Protection & Watershed Network v. County of Marin (2004) 125 Cal.App.4th 1098, 1106, emphasis added.) Staff here appears to rely on what is known as the “common sense” exemption from CEQA. But this exemption is inapplicable unless “it can be seen with certainty that there is no possibility that the activity in question may have a [potentially] significant effect on the environment. . . .” (State CEQA Guidelines, § 15061, subd. (b)(3), emphasis added; see id., § 15382 [“ ‘Significant effect on the environment’ means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance”].) 6.A.q Packet Pg. 984 Attachment: 2022-02-21 angellaw comment ltr (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Hon. Mayor Himmelrich and Members of the City Council February 21, 2022 Page 5   As for the recommended Class 31 categorical exemption, it is inapplicable on its face. This specific exemption is for “projects limited to maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer.” (State CEQA Guidelines, § 15331, emphasis added.) The Carlthorp School expansion project is just that: a school expansion project -- as described by staff and as proposed by the applicant; it is not a project limited to simply maintaining, repairing, stabilizing, rehabilitating, restoring, preserving, conserving or reconstructing historical resources. Whether the project would or wouldn’t have an adverse impact on the overall character or significance of the San Vicente Courtyard Historic District does not bear on whether the new development and uses that are proposed fit into the narrow confines of the Class 31 exemption in the first place, or, for that matter, into any one of the other two CEQA exemptions cited by staff. Nor does the Carlthorp School expansion project fit into the Class 3 categorical exemption. According to staff, this CEQA exemption “exempts minor additions to existing schools where the addition does not increase original student capacity by more than 25% or 10 classrooms.” (Staff report at pp. 14-15.) The Class 3 categorical exemption doesn’t even mention schools, let alone the gratuitous numerical criteria used by staff (no increase of original student capacity by more than 25% or 10 classrooms). The Class 3 exemption does apply to certain existing commercial buildings that do not exceed 10,000 square feet in floor area, and only if the site is zoned for commercial use. (See CEQA Guidelines, § 15303.) However, even if the school were a commercial use, which it is not, the existing school size is almost four times as large as 10,000 square feet (38,397 square feet) and the school site is not zoned commercial or for an institutional use. (This is why a CUP is required for the project.) The 46,362 square foot parcel on which the project is located is zoned Low Density Multi-family Residential (R2). The Class 3 exemption also benefits small residential projects, provided these projects are on land zoned residential. Evidently, reliance on the Class 3 categorical exemption to evade CEQA review for the proposed expansion project would as much be a prejudicial abuse of discretion under CEQA and the State CEQA Guidelines as reliance on the other two exemptions cited in the proposed STOA. Sincerely, ANGEL LAW Frank P. Angel 6.A.q Packet Pg. 985 Attachment: 2022-02-21 angellaw comment ltr (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San 6.A.r Packet Pg. 986 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 987 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 988 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 989 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 990 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 991 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 992 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 993 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 994 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 995 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 996 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 997 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 998 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 999 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1000 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1001 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1002 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1003 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1004 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1005 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1006 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1007 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1008 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1009 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1010 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1011 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1012 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1013 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1014 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning 6.A.r Packet Pg. 1015 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning Application No.: CITY OF SANTA MONICA – CITY PLANNING DIVISION DISCRETIONARY PERMIT APPLICATION Applications must be submitted at the City Planning public counter, Room 111 at City Hall. City Hall is located at 1685 Main Street, Santa Monica, CA 90401. If you have any questions completing this application you may call City Planning at (310) 458-8341.GENERAL INFORMATIONPROJECT ADDRESS:____________ DETAILED PROJECT DESCRIPTION (Attach additional sheets as necessary to fully describe the proposed project) _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ APPLICANT (Note: All correspondences will be sent to the contact person) Name: Address: Zip: Phone: Email: CONTACT PERSON (if different) Name: Address: Zip: Phone: Email: Relation to Applicant: PROPERTY OWNER Name: Address: Zip: Phone: Email: I hereby certify that I am the owner of the subject property and that I have reviewed the subject application and authorize the applicant or applicant’s representative (contact person) to make decisions that may affect my property as it pertains to this application. Property Owner’s Name (PRINT) Property Owner’s Signature / Date This part to be completed by City staff Application No.: Amount Paid: $ Received By: Check No.: Date Submitted: EDUCATIONAL SUPPORT SPACE IMPROVEMENTS FOR EXISTING ELEMENTARY SCHOOL CAMPUS. FOR FURTHER DETAILS SEE ATTACHED. MINOR MODIFICATION TO ALLOW AN ADDITIONAL 0.06% GROUND FLOOR PARCEL COVERAGE. TIM KUSSEROW, HEAD OF SCHOOL / KEN PARR, DIRECTOR OF FINANCE 438 SAN VICENTE BOULEVARD SANTA MONICA, CA 90402 310-451-1332 tkusserow@carlthorp.org KENNETH KUTCHER 1250 SIXTH STREET, SUITE 200 SANTA MONICA, CA 90401 (310) 451-3669 kutcher@hlkklaw.com ATTORNEY AT LAW CARLTHORP SCHOOL 438 SAN VICENTE BOULEVARD SANTA MONICA, CA 90402 310-451-1332 tkusserow@carlthorp.org TIM KUSSEROW 438 SAN VICENTE BOULEVARD SANTA MONICA, CA 90402 //ss// 6.A.r Packet Pg. 1016 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning Discretionary Permit Application Page 3 DISCRETIONARY PERMIT APPLICATION SUBMITTAL REQUIREMENTSPLANNING ENTITLEMENTS REQUESTED (check all that apply): Conditional Use Permit Minor Use Permit Major Modification Development Review Permit Development Agreement Variance Waiver NEIGHBORHOOD NOTIFICATION PLANNING APPLICATION – SUBMITTAL REQUIREMENTS Demolition Permit 5HYLHZ5HTXLUHG (For Structures 40 Years or Older) A demolition permit is required for demolition of any building or structure on the property (primary or accessory structure.) The Landmarks Commission must review demolition permit applications for structures that are 40 years or older. The Landmarks Commission may exercise its authority to nominate the property for Landmark Designation, and/or designate the property (structure and or parcel) as a Landmark, Landmark Parcel, or Structure of Merit in accordance with and based on findings established in Chapters 9.56 and 9.58 of the Santa Monica Municipal Code. My property contains a structure (or structures) 40 years old or older and the proposed development of this property will require a demolition permit. My application for a demolition permit has been reviewed by the Santa MonicaLandmarks Commission and the 75-day review period has expired. $SSOLFDWLRQZLOOQRWEHDFFHSWHGXQWLOWKLVUHTXLUHPHQWLVFRPSOHWH Application Form One original and 6 copies of application form. All the information requested on the application must be provided. Application Fees The payment of an application fee is required. Please see current list of fees in Room 111 of City Hall. A check payable to the City of Santa Monica or credit card will be required at the time of submittal of all planning permit applications to the Permit Coordinator. Rent Control Status Form Certification by the Rent Control Administration of the Rent Control status of the property is required. Applications submitted without this form will not be processed by the City Planning Division. Forms are available in the Rent Control offices, Room 202 in City Hall. Other Project-Related Applications If applicable, copies of any application materials for other required planning permits. Information on required planning permits and application materials is available at the City Planning Division public counter, Room 111 of City Hall. ✔ COMMUNITY MEETING HELD ON DECEMBER 2, 2019 AT THE MONTANA AVENUE PUBLIC LIBRARY. ✔ ✔ ✔ ✔ Amendment of N/A (Previously on file) (Previously on file) ✔Minor Modification 6.A.r Packet Pg. 1017 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning APPLICANT: CARLTHORP SCHOOL ADDRESS: 438 SAN VICENTE BLVD. Carlthorp School | Project Description | Discretionary Permit Application Summary The proposed project involves the construction of new educational support space at the existing Carlthorp School (“Carlthorp” or the “School”) campus located at 424-438 San Vicente Boulevard. Part of that space (5,575 SF) will be located below ground under the existing outdoor play field; the existing lunch seating area (844 SF) in the center of the campus with be enclosed, and a second-story addition (840 SF) above the lunch seating will be constructed for school administrative offices. An elevated outdoor sports and recreation space will be established next to the rear alley, and the Kindergarten play area will be refreshed with new playground equipment. The proposed project will not expand existing enrollment (remaining approximately 280 students), number of staff (remaining approximately 80) or number of K-6 classrooms (remaining two per grade-level plus various specialty classrooms) at the School, but instead would provide modest improvements, including a new subterranean multi-purpose room, elevated outdoor recreational space, additional administrative space, and an enclosed lunch seating area in order to optimize the operation of the School. The proposed project triggers a total floor area increase of 7,259 SF. The project will also include modest improvements to an at- grade recreational space at the eastern portion of the campus, although neither these improvements nor the elevated outdoor recreational space constitutes additional floor area. This project will expand the footprint of the existing school campus by only 1,310 SF through the enclosure of the existing exterior cafeteria seating area and two new elevators and an exterior stair on the second floor. This added parcel coverage requires a Minor Modification under the Zoning Code. All other aspects of the School campus will remain functionally the same. An amendment to the School’s existing Conditional Use Permit (CUP 95-012) is required to permit the expansion of a school in the R2 District. No changes are proposed to the tuck-under parking area accessed from the alley, and no project features will exceed the Zoning Code’s height limits. Although the School is located in a designated Historic District, the School itself is not a “contributing building.” The Landmarks Commission raised no concerns regarding project at the October 14, 2019 preliminary review hearing. Background Carlthorp was established in 1939 and is the oldest independent school in Santa Monica. The school has remained in its present location since 1941 and has coexisted compatibly with its surrounding residential neighborhood since then. Carlthorp is a kindergarten through 6th grade (“K-6”) elementary school, and its campus site has grown only modestly over time since its establishment. The most substantial expansion involved acquiring and demolishing the neighboring vacant apartment building which became structurally dangerous and red-tagged after the 1994 Northridge Earthquake. That lot was then converted to outdoor physical education and pupil play space as part of a CUP approved in 1996 for expansion of the school site. When the School merged with that adjoining lot, Carlthorp also renovated its classroom facilities to better support its elementary education needs and repair earthquake damage. The current application requests an amendment to that CUP 95-012 for improved educational support space, as described below. Throughout its history, Carlthorp’s basic educational philosophy has remained largely the same: focusing on the child as a whole, helping each student to grow academically, socially, and ethically. Carlthorp provides a strong academic foundation in a diverse and nurturing school community that emphasizes respectful values, responsible work habits, and excellence in order to prepare its students to achieve their highest potential in education and life. Carlthorp continues to enjoy a reputation for academic excellence that is demonstrated by the high acceptance rate of its graduates to the secondary school of their first choice. 6.A.r Packet Pg. 1018 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning Carlthorp CUP Description | 2 Carlthorp is an inclusive community; there is not one “type” of Carlthorp student, just as there is not one “type” of Carlthorp family. Today, the School reflects Santa Monica’s multifaceted community, embracing diversity and inclusivity in all its forms. These values are reflected in the School’s campus, particularly including the central courtyard where students of all ages and faculty meet every morning. The design of the campus is intentionally inward looking, creating a sense of safety and community for all students to express themselves, while also limiting impacts to surrounding residents. The School adheres to a City-approved system for student pick up and drop off along its San Vicente Boulevard frontage that prevents congestion, queuing problems, double parking and residential street intrusion, which will be continued. None of these aspects of the School are anticipated to change with the proposed project. The Project One of Carlthorp’s most cherished aspects is its modest scale and intimacy. However, because it has been over 20 years since its last major renovation, the School requires modest upgrades to various support facilities in order to continue to offer a high-quality, 21st Century educational program to its K-6 students. One of the primary objectives of the proposed project is to achieve campus improvements that are sensitive to, and compatible with, the surrounding neighbors and environment, as was done during the post-1994 expansion. Given the limited scale and location of proposed above-ground construction, which will be located at the rear of the campus, only modest visual changes, if any, are anticipated from San Vicente Boulevard. The project will include four components that would collectively enhance the School’s support spaces, only one of which would expand the School’s lot coverage: 1. The enclosure of 844 SF of existing outdoor lunch seating to allow for its utilization in all weather conditions; an equal-sized second-floor addition above the lunch seating would provide additional administrative space; two elevators, external to the existing building, are also anticipated to allow for campus-wide accessibility. 2. Construction of a 4240 SF subterranean multi-purpose room (and associated 1335 SF basement corridor) which will be built under a portion of the existing play field and will not be visible from the street or neighboring properties at completion. This space will be used only for School-related performances and other K-6 educational activities, which include music and performing arts classes for K-6 students. 3. An elevated outdoor sports and recreational space (9218 SF), which will be located adjacent to the alley at the rear of the campus away from San Vicente Boulevard, above a single-story (including basement) wing of the campus. This unroofed recreational space would be enclosed by perimeter walls (no taller than existing second story components of the campus) to contain noise and fitted with netting to contain sports equipment. 4. Improvements to an existing outdoor play area adjacent to and accessible from two Kindergarten classrooms at the east end of the campus. These improvements will be constructed in multiple phases during the School’s summer breaks during the months of May, June, July and August, 2021-2023. As a result, the applicant is seeking a multi-year term for exercising the CUP to ensure that the improvements can be constructed in phases preceded by fundraising. This phasing is required to allow for the expansion of the School’s support spaces without disrupting school operations during the school year or displacing students. It is anticipated that this phasing will also limit construction impacts on neighboring residents. Initial phases of construction will involve structural preparation; excavation and foundation work; subsequent phases will involve above- and below-ground construction on each of the four project components noted above. These activities will occur in parallel with modest and routine aesthetic and functional improvements to the interior of the School facilities. At completion of the project, the period of time during the day when the existing play field and other exterior spaces are utilized will be reduced. This benefit is due to the enclosure of exterior cafeteria seating, and the addition of the elevated recreational space, which will allow for simultaneous physical educational classes that currently must be scheduled early in the morning or late in the afternoon. 6.A.r Packet Pg. 1019 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning Carlthorp CUP Description | 3 The School hired a premier acoustics and noise consultant (Veneklasen) to evaluate the potential for impacts of the rooftop play court on adjacent residents. We are pleased to report that this scientific noise study has confirmed that the sound created by using the rooftop play court will be well within the decibel limits of the Santa Monica noise ordinance for residential zones, so there will be no adverse impacts on adjacent residents. Credit: Veneklasen Associates 6.A.r Packet Pg. 1020 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning BASEMENT FLOOR +97'-3" BASEMENT FLOOR +97'-3" PL LOWER BASEMENT FLOOR +89'-8" LOWER BASEMENT FLOOR +89'-8"4' - 0"3' - 8"BASEMENT LEVEL (ABOVE) +97'-3" STAGE +91'-8" NEW MULTI-PURPOSE RM NEW ELEVATOR TIERED SEATING STORAGE CLASSROOM - BREAK OUT ROOM CLASSROOM - SPANISH EXISTING CLASSROOM/ MULTI-PURPOSE RM CLASSROOM - MATH READING P.E. OFFICE PL STORAGE FACILITIES OFFICE MAIN POWER SHUT OFF ELEV ROOM SERVER ROOM STOR STOR RESTROOMS FACULTY LOUNGE STOR +91'-8"HVO5' - 0"EXISTING READING ROOM TO BE CONVERTED TO RESTROOMS NEW STAIR AND PARTITION CORRIDOR 1 A300-B/C 1 A300-B/C 2 A300-B/C 2 A300-B/C SEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-B SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:34:59 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A120-B BASEMENT FLOOR PLAN - PARCEL COVERAGE 11.16.20 SUPPORT SPACE IMPROVEMENTS* BASEMENT AREAS SHOWN DO NOT CONTRIBUTE TO THE PARCEL COVERAGE CALCULATION. FLOORING ABOVE THESE BASEMENT AREAS ARE ALL 3 FEET OR LESS ABOVE AVERAGE NATURAL GRADE. SEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.r Packet Pg. 1021 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) UPUPDNDNDN UPNEW ENCLOSURE OF EXISTING LUNCH SEATING OUTLINE OF MULTI-PURPOSE ROOM BELOW GRADE PLANTERHANDICAPPED PARKINGHANDICAPPED PARKING BIKE RACK HEDGECLASSROOM - KINDERGARTEN CLASSROOM - 6TH GRADE CLASSROOM - 6TH GRADE CLASSROOM - 1ST GRADE CLASSROOM - 1ST GRADE RECEPTION/ FRONT OFFICE BOARDROOM KITCHEN CLASSROOM - KINDERGARTEN CL OF ALLEY NEW BIKE RACKS 10' - 0"139' - 11"35' - 11"1 A300-B/C 1 A300-B/C 2 A300-B/C 2 A300-B/C EXISTING PARKING CLASSROOM CLASSROOM PORCH CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F) NEW ELEVATOR NEW ELEVATORCLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F) EXISTING OPENING AT END OF UNENCLOSED CORRIDOR TO REMAIN OPENING IN NEW WALL AT END OF EXISTING UNENCLOSED CORRIDOR OPEN/UNENCLOSED NEW PARCEL COVERAGE: NEW ENCLOSED LUNCH SEATING = 843 SF TOTAL NEW MAIN LEVEL PARCEL COVERAGE = 2,462 SF NEW ELEVATORS = 278 SF EXISTING MAIN LEVEL PARCEL COVERAGE: PARCEL COVERAGE CALCULATIONS TOTAL PARCEL AREA FROM SURVEY): FIRST FLOOR (MAIN LEVEL): EXISTING PARCEL COVERAGE: 18,536 SF TOTAL MAIN LEVEL PARCEL COVERAGE: EXISTING = 18,536 SF TOTAL (EXISTING + NEW) =20,998 SF NEW = 2,462 SF NEW MAIN LEVEL PARCEL COVERAGE: TOTAL MAIN LEVEL PARCEL COVERAGE: (NEW + EXISTING) 18,536 SF (39.98 % OF PARCEL AREA) 46,362.50 SF 2,462 SF (5.31 % OF PARCEL AREA) 20,998 SF (45.29 % OF PARCEL AREA) FOR PURPOSES OF CODE COMPLIANCE NOTE: THE CLASSROOMS ALONG THE REAR ALLEY ARE TREATED AS THE UPPER LEVEL FOR PURPOSES OF THIS CALCULATION OF PARCEL COVERAGE PER THE DEFINITIONS CONTAINED IN THE ZONING ORDINANCE. SEE FLOOR LEVEL DIAGRAMS FOR MORE INFO. AREA UNDER STRUCTURE = 1,231 SF NEW STAIR = 110 SF SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:35:02 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A121-B FIRST (MAIN) FLOOR PLAN - PARCEL COVERAGE 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.r Packet Pg. 1022 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) +119'-6" NEW ADMIN OFFICES NEW ELEVATOR NEW ELEVATOR PL LIBRARY CLASSROOM - COMPUTER LAB OFFICEOFFICEOFFICEOFFICE CLASSROOOM - ART ROOM CLASSROOM - READING ROOM CLASSROOM - 5TH GRADE CLASSROOM - 5TH GRADE OFFICE OFFICE OFFICE NEW STAIR 1 A300-B/C 1 A300-B/CSEE FIRST FLOOR/ MAIN LEVEL PLAN ON SHEET A121-B SCIENCE CLASSROOM - 4TH GRADE CLASSROOM - 4TH GRADE CLASSROOM - 3RD GRADE CLASSROOM - 3RD GRADE CLASSROOM - 2ND GRADE OVERHANG OF ROOFTOP PLAY COURT ABOVE 2 A300-B/C 2 A300-B/C CLASSROOM PORCH CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (G) SEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-B THIS PORTION OF STAIR EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (G) OPENING AT END OF EXISTING UNENCLOSED CORRIDOR, SEE FIRST FLOOR/MAIN LEVEL PLAN FOR PURPOSES OF CODE COMPLIANCE PARCEL COVERAGE CALCULATIONS TOTAL NEW UPPER LEVEL PARCEL COVERAGE = 1,531 SF NEW ELEVATORS = 290 SF NEW ADMIN OFFICES = 840 SF SECOND FLOOR (UPPER LEVEL): NEW PARCEL COVERAGE: EXISTING PARCEL COVERAGE: 16,985 SF TOTAL UPPER LEVEL PARCEL COVERAGE: EXISTING = 16,985 SF TOTAL (EXISTING + NEW) =18,516 SF NEW = 1,531 SF 90% OF MAIN LEVEL PARCEL COVERAGE ALLOWED BASED ON MINOR MODIFICATION INCREASE TO 45.29% OF TOTAL PARCEL AREA: TOTAL UPPER LEVEL PARCEL COVERAGE: (NEW + EXISTING) 18,516 SF ( < 90 % OF MAIN LEVEL PARCEL COVERAGE) 20,863.13 SF x .45 46,362.50 SFMAIN LEVEL PARCEL COVERAGE ALLOWED BY CODE: 18,898.2 SF x .90 20,998 SF AREA UNDER STRUCTURE = 401 SF MAIN LEVEL PARCEL COVERAGE ALLOWED BY MINOR MODIFICATION (45.29%) 20,998 SF SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/30/20 12:40:02 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A122-B SECOND (UPPER) FLOOR PLAN - PARCEL COVERAGE 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.r Packet Pg. 1023 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) NEW ROOFTOP CHILDREN'S PLAY COURT (OPEN AIR) +126'-6" EXISTING ROOF PL 1 A300-B/C 1 A300-B/C 2 A300-B/C 2 A300-B/C NEW ELEVATOR NEW ELEVATOR NEW STAIR BELOW NEW OFFICES BELOW SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:35:06 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A123-B ROOF PLAN - PARCEL COVERAGE 11.16.20 SUPPORT SPACE IMPROVEMENTS* THIS FLOOR PLAN DOES NOT CONTRIBUTE TO THE LOT COVERAGE CALCULATION. SEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.r Packet Pg. 1024 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) (E) UPPER LEVEL +119' -6" (E) Top of Roof +134' -0" (E) A.N.G. +104' -6" (E) Basement Floor Upper +101' -6" (E) First Floor Upper +110' -0" Top of Court +126' -6" NEW ELEVATED OPEN AIR PLAY COURT EXISTING PARKING EXISTING CLASSROOMS 8' - 0"30' - 0"PLAY COURT STORAGE INTERSTITIAL/ATTIC SPACE - NOT OCCUPIABLE CLASSROOM MAIN LEVEL UPPER LEVEL MAIN LEVEL LOWER LEVEL 3' - 0"NEW CLASSROOM CEILING AND BUILDING ENVELOPE 7' - 6"7' - 0"9' - 6"5' - 6"3' - 0"5' - 3"(E) UPPER LEVEL +119' -6" (E) Top of Roof +134' -0" (E) MAIN LEVEL +107' -6" (E) LOWER LEVEL +97' -3" (E) A.N.G. +104' -6" (E) Basement Floor Upper +101' -6" (E) First Floor Upper +110' -0" Basement Floor Lower +89' -8" (E) Roof +130' -3 1/2" Top of Court +126' -6" NEW ELEVATED OPEN AIR PLAYCOURT EXISTING CLASSROOM EXISTING PARKING EXISTING MULTI-PURPOSE ROOM NEW ADMINISTRATIVE ADDITION NEW ELEVATOR NEW ELEVATOR BEYOND NEW ENCLOSURE OF EXISTING LUNCH SEATING 3' - 9"3' - 10"7' - 0"9' - 6"2' - 6"3' - 0"3' - 0"4' - 3"7' - 7"EXISTING STRUCTURE TO BE REMOVED EXISTING BUILDING 30' - 0"UPPER LEVEL MAIN LEVEL LIBRARY UPPER LEVEL CLASSROOM MAIN LEVEL LOWER LEVEL CLASSROOM PORCH CLASSROOM PORCH NEW CLASSROOM CEILING AND BUILDING ENVELOPE (THIS PORTION OF CLASSROOM PORCH IS ON MAIN/FIRST LEVEL) (THIS PORTION OF CLASSROOM PORCH IS ON UPPER/SECOND LEVEL) CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F) CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F)&(G)OPEN 8' - 0"INTERSTITIAL/ATTIC SPACE - NOT OCCUPIABLE 5' - 3"SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/30/20 12:39:07 PM 1/8" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A300-B/C SECTION DIAGRAMS 11.16.20 SUPPORT SPACE IMPROVEMENTS1/8" = 1'-0"1 E/W SECTION THROUGH ELEVATED COURT LEVEL DIAGRAM 1/8" = 1'-0"2 N/S SECTION THROUGH MULTI-PURPOSE ROOM & ELEVATED COURT - LOT COVERAGE SEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS SMMC 9.52.020.0180 Attic. The area less than 7 feet in height, located above the ceiling of the top story and below the roof that is not usable as habitable or commercial space and is not accessible via a permanent access structure. An attic shall not be considered a story. 6.A.r Packet Pg. 1025 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) +97'-3" PL +89'-8" +89'-8" LOWER LEVEL (ABOVE) +97'-3" STAGE +91'-8" NEW MULTI-PURPOSE RM NEW ELEVATOR TIERED SEATING STORAGE BREAK OUT ROOM SPANISH EXISTING MULTI-PURPOSE RM MATH READING P.E. OFFICE PL STORAGE FACILITIES OFFICE MAIN POWER SHUT OFF ELEV ROOM SERVER ROOM STOR STOR FACULTY LOUNGE STOR +91'-8" EXISTING READING ROOM TO BE CONVERTED TO RESTROOMS & SHOWERS NEW STAIR AND PARTITION CORRIDOR 5' - 0"5' - 0" 8 (N) STAFF LOCKERS LOWER LEVEL (+97' -3") +0' -0" -7' -7" -5' -7" 1 A300-B/C 1 A300-B/C SEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-C 2 A300-B/C 2 A300-B/C BASEMENT FLOOR +97'-3" SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:34:59 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A120-C BASEMENT FLOOR LEVEL DIAGRAM (LOWER LEVEL) 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.r Packet Pg. 1026 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) UPUPDNDNDN UPNEW ENCLOSURE OF EXISTING LUNCH SEATING OUTLINE OF MULTI-PURPOSE ROOM BELOW GRADE PLANTERHANDICAPPED PARKINGHANDICAPPED PARKING BIKE RACK HEDGECLASSROOM - KINDERGARTEN CLASSROOM - 6TH GRADE CLASSROOM - 6TH GRADE CLASSROOM - 1ST GRADE CLASSROOM - 1ST GRADE RECEPTION/ FRONT OFFICE BOARDROOM KITCHEN CLASSROOM - KINDERGARTEN CL OF ALLEY PROPOSED BIKE RACKS 1 A300-B/C 1 A300-B/C MAIN LEVEL +0' -0" MAIN LEVEL (+107' -6") +0' -0" +1' -3" -6' -0"CLASSROOM 2 A300-B/C 2 A300-B/C EXISTING PARKING CLASSROOM PORCH NEW ELEVATOR NEW ELEVATOR CLASSROOM PORCH SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:38:02 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A121-C FIRST FLOOR LEVEL DIAGRAM (MAIN LEVEL) 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.r Packet Pg. 1027 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) +119'-6" NEW ADMIN OFFICES PL LIBRARY CLASSROOM - COMPUTER LAB OFFICEOFFICEOFFICEOFFICE CLASSROOOM - ART ROOM CLASSROOM - READING ROOM CLASSROOM - 5TH GRADE CLASSROOM - 5TH GRADE OFFICE OFFICE OFFICE NEW STAIR UPPER LEVEL (+119' -6") +0' -0" 1 A300-B/C 1 A300-B/CSEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-C -9' -6" SCIENCE CLASSROOM - 4TH GRADE CLASSROOM - 4TH GRADE CLASSROOM - 3RD GRADE CLASSROOM - 3RD GRADE CLASSROOM - 2ND GRADE 2 A300-B/C 2 A300-B/C NEW ELEVATOR NEW ELEVATORSEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-C SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:35:05 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A122-C SECOND FLOOR LEVEL DIAGRAM (UPPER LEVEL) 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.r Packet Pg. 1028 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 A300-B/C 1 A300-B/C EXISTING ROOF NEW STAIR BELOW NEW OFFICES BELOW PL ROOFTOP PLAY COURT 126' -6" 2 A300-B/C 2 A300-B/C NEW ELEVATOR NEW ELEVATOR SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:35:08 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A123-C ROOF PLAN LEVEL DIAGRAM 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.r Packet Pg. 1029 Attachment: ADD-TO_Appellant Supplemental Materials Part 1 - Applicant Applications and Amended Application (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 6.A.s Packet Pg. 1030 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1031 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1032 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1033 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1034 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1035 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1036 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1037 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1038 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1039 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1040 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1041 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1042 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1043 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1044 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.s Packet Pg. 1045 Attachment: ADD-TO_Appellant Supplemental Materials Part 2 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 1 STATEMENT OF STEVEN SALSBERG, APPELLANT The City of Santa Monica Has Denied Me a Fair Process and Has Denied Me My Due Process Rights The City of Santa Monica (the “City”) has not conducted the appeal process in a fair manner. The City and its employees (“Staff”) have misled me and acted with bias. The City has unfairly favored the Carlthorp School (the “Applicant”) against my interests as the Appellant. The City did not notify me until weeks after setting the 2/22/2022 hearing date and weeks after notifying the Applicant that that date had been set and more than 10 days after I first began making inquiries that that date had been set based on rumors I had heard. For these reasons, additional reasons specified herein and expressed through emails and phone calls with the City, reasons expressed in my initial appeal statement, various actions and inactions taken by the City, and for reasons that might be buried in documents withheld by the City and yet undiscovered documents and events, I have been denied a fair process and my due process rights. And, I have not been treated fairly by the City, as compared to the Applicant in this matter. I made clear to the City on several occasions over the past 13 months that I intended to submit a supplement to my appeal statement (my “Supplemental Statement”) and that I needed to be informed as to what would be the deadline for my submitting my Supplemental Statement. And, the City gave me every indication several times over at least the following eight months or more that it would inform me as to what would be the deadline for my submitting my Supplemental Statement. However, the City failed to provide me with any such deadline. The City improperly, therefore, published its Staff Report without my having submitted my Supplemental Statement. The process has not been fair. The City stonewalled and sandbagged me throughout the process, usually refusing to even respond to my numerous phone messages and emails, all the while attempting to cram down a hearing date upon me without answering my questions regarding fundamental zoning code questions that I have a right to have answered. Even my attempts to reach out to the Planning Director, David Martin, did not elicit responses from Jing Yeo, the Zoning Administrator, or from David Martin. The only way I was able to obtain responses from Jing since May 2021 (and later from David Martin) was for me to contact the City Manager, which I found necessary to do several times beginning in July 2021. Then when Jing did respond, she would not answer my questions and requests for clarifications and confirmation of things she had told me during our telephone conversations on 4/27/2021 and 10/19/2021. She did answer some of my questions but she refused to answer, clarify, and confirm the most important of my questions and issues that I addressed to her in my emails. Her “answers” were generally vague and opaque and also absolutely not on point. And, I told her that she was refusing to answer my 6.A.t Packet Pg. 1046 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 2 questions. Jing then insisted that she was not refusing to answer my questions. I responded that she absolutely was refusing to answer my questions. On 2/1/2022, I even simplified two or three crucial questions into yes or no questions with requests for explanations. Her response after nine months of repeatedly asking her these questions on 2/8/2022 was that my questions were not relevant and therefore she would not answer them – obviously admitting finally that she was and had been indeed refusing to answer my questions all along. However, such questions were relevant, which is proven by how she answered similar questions on the phone in April and October of 2021. (See below.) As I responded to her in my 2/1/2022 email, she did “not [answer my] questions and I [found] it to be outrageously disturbing that [she had] chosen to characterize [her] “answers” as having “thoroughly answered” my questions. Her statement was clearly disingenuous, as is the Staff Report’s Staff Response 8B, to “Questions not answered” (see below). I told the City (Jing, Regina Szilak (“Gina”), David Martin, David White, and others) several times each in multiple emails over several months and on the phone that: I still am waiting for answers and clarifications to crucial questions that are prerequisites to additional questions that build on such issues. It is completely unrealistic and certainly unreasonable to hold the hearing or even set a date until: First I need answers and clarifications to my 7/26/2021 and 5/12/2021 emails; Second, I need to then formulate and ask the follow up questions that are now and have been pending; then Third, I’ll need Jing, the Zoning Administrator, to answer those additional follow up questions; then Fourth (assuming there would be no additional iterative rounds of questions), I would need time to prepare my supplement to my appeal; and then Fifth, Staff would need time to consider my supplement and then after that prepare the Staff Report, sufficiently in advance of the hearing. I made it clear to Jing and Gina, more than a year ago and dozens of times since, that I needed my Supplemental Statement to be incorporated into the Staff Report and that I need to know what the deadline would be for submitting my Supplemental Statement. Such deadline, of course, could not be determined until a hearing date would be set. Eventually, after months of being stonewalled and sandbagged regarding getting my very relevant and crucial questions answered and having a hearing date crammed down without allowing me to get my questions answered – questions that I had been assured by David Martin that I have a right to have answered – I then emailed and left a voicemail for David White again on 2/2/2022. David White up until then had given me the clear impression that he would make sure that I would get my questions answered sufficiently in time for me to prepare my Supplemental Statement. (Every time after I emailed, or spoke with, David White Jing would shortly thereafter email me regarding my questions, although much of it was vague, opaque, and off point.) Included in my 2/2/2022 email to David White, I said: 6.A.t Packet Pg. 1047 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 3 “Please intervene and require that the hearing date be postponed and please require that (1) the Zoning Administrator properly answer, confirm, and clarify my questions and requests for confirmations and clarifications regarding the Zoning Code and the Applicant’s proposed project; and (2) require that the Planning Division not contemplate a hearing date until I have fully received the answers and clarifications that I have been requesting and expect to request.” David Martin called me that same day, February 2 – obviously in response to David White telling him to deal with me. I again told David Martin that I needed to get my questions answered before I could begin preparing my Supplemental Statement. David Martin again told me that he wanted to get my questions answered. When I hadn’t heard from Jing again, I emailed David White again on 2/6/2022 with similar requests as I had said in my 2/2/2022 email, and I left a voicemail for him on 2/7/2022. David White replied with an email on 2/8/2022, inviting me for a meeting with him and David Martin and to work with his assistant to schedule the hearing. David White’s assistant told me that the earliest a meeting could be scheduled was for 2/17/2022. Obviously, my purpose in accepting an invitation to such a meeting was to obtain a postponement and to set an agenda for getting my questions and requests for clarifications and confirmations answered, for which I had been requesting for more than 13 months and for which I had been stonewalled for the past more than nine months. I had every reason to believe that a postponement was forthcoming. David Martin had assured me on 10/5/2021 on the phone that I had a right to have my questions answered. I had a legal opinion from an attorney who works in this area of the law and who has close ties with the City that I had a right to have my questions answered. All of my emails to Jing and to Gina at least since October had been copied to David White and to David Martin. Every time that I reached out to David White (and John Jalili before him) complaining that I wasn’t getting my questions answered, I would get a quick response from Jing, each time providing some response to my questions and requests for confirmations and clarifications, but inadequate, vague, opaque, unspecific, and off the point of my questions. I had every reason to believe that a postponement was forthcoming. When David White on 2/8/2022 invited me to meet with him and David Martin, he led me to believe that he would postpone the hearing when we were to meet on 2/17/2022, but he ultimately refused. If he wasn’t going to postpone the hearing, he should have told me when he invited me to the meeting or at least in the ensuing nine days that he would not postpone the hearing. David White also sandbagged me. No one ever gave me, as had been promised many months before, a deadline for me to submit my Supplemental Statement. The Staff Report was completed at most only a day or two after I met with David White and David Martin when I finally learned that the City was definitely intending to go forth with the hearing on 2/22/2022, many weeks after informing the Applicant that that date had been set for the hearing. I was thus also denied the ability to provide my Supplemental Statement to the City in time for Staff to incorporate my Supplemental Statement into the Staff Report. 6.A.t Packet Pg. 1048 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 4 The City has not just incidentally provided an unfair process for me, but has orchestrated the process in an unfair manner. (See additional facts and discussion, below, relating to my responses to Attachment E, #8A – D.) Due to the above very unfair circumstances, I have had to focus on this statement and organizing and submitting documents for the hearing at the last minute to protect the record and I have thus not had time to notify and remind most of my neighbors who would be interested in attending the hearing. Therefore, it is likely that the turn out in favor of this appeal and against the proposed project will be substantially diminished, as compared to if I had been treated fairly by the City. And, most or all of the Applicant’s supporters are either students (and parents of students) or employees or consultants who the Applicant has paid to attend the hearing and who do not even live in the neighborhood or in Santa Monica. Some of the few neighbors who I did speak to in passing who live within the notice radius have told me that they did not receive any notice cards relating to this appeal. Furthermore, this project impacts neighbors beyond the notice radius due to noise, traffic congestion, and particularly parking. The Applicant impacts on-street parking for a distance of multiple blocks because the Applicant has only approximately 34 parking spaces for a faculty of 80 and the parents of 280 children, many of whom park their cars to drop off and/or pick up their children, and for numerous events. The Staff Report, the City Council STOA, and the City Council Report are all confusing because they make references to exhibits and other documents that are not posted with these reports and on the Agenda and which are not readily available on the Agenda page. And, these reports make ambiguous references to different sets of exhibits using the same referenced name but are referring to different exhibits. As such, the item is defective and it is confusing. Staff also failed to post crucial pages of Plans that were sent to me but were not disclosed to the public at large. Staff members violated the City’s ordinances and its policies and procedures, including violating the City of Santa Monica Code of Ethics. I also submitted an objection to the public notice of this hearing because it didn’t specify that the City Council is ruling on CEQA exemptions. As such, the public will not have an opportunity to adequately question and challenge such exemptions or prepare for that. For all of the above, and below, reasons the City should postpone the hearing and/or rule in favor of my appeal. The Planning Commission Hearing Process One other thing that I found to be very frustrating regarding the Planning Commission hearing process was that after the Staff, the Applicant, and the public presented and spoke, the Planning Commission then addressed some issues and concerns and began 6.A.t Packet Pg. 1049 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 5 “solving problems” while simultaneously shutting out the public, particularly considering that utilizing virtual hearings in the manner that it did, the City was preventing the Planning Commissioners from even feeling the mood of the public in response to the Commissioners’ proposals. Some of these “solutions” had not yet been suggested to the in any public filings and the public had not had any notice that such “solutions” would be introduced. Planning Commissioners proposed but mostly imposed “solutions” some of which would cause more problems than they would solve. (See, for example, my discussion (below) regarding landscape screening in my fourth bullet point, in the section named The City Council Report.) For one, I don’t think it was proper for the Planning Commission to have proposed and voted on alternative “solutions” to concerns in a manner that had not been first vetted by the public and that the public was not permitted to provide any input whatsoever. I ask that the City Council not act with expedience on issues that might seem minor but that are very crucial in the lives of Santa Monica residents. The Applicant’s and Staff’s Parcel Coverage Calculations of the Proposed Project are Incorrect and Exceed the Allowable Limit Under the Code, Including With the Minor Modification that the Applicant Requests Parcel Coverage Calculations The Parcel Coverage Calculations, as performed on Plan pages A121-B and A122-B, as revised approximately in March 2021, are inaccurate and substantially understate the actual parcel coverage of the proposed project. Such calculations have several errors. One such error is that it treats the “Main Level” as depicted on Plan page A121-C as the First Floor and the “Upper Level” as the Second Floor. (See Plan pgs. A121-B, and A122-B.) The “Lower Level,” as depicted in Plan page A120-C, is actually the First Floor – or First Story – and the “Main Level,” as also depicted in Plan page A121-C, is the Second Story. The “Upper Level,” as depicted in Plan page A122-C, is actually a non-conforming Third Story. The “Lower Level” does not meet the definition of a basement, as defined by the SMMC. (See SMMC 9.52.020.0230.) The First Floor Parcel Coverage Calculation is incorrect and inaccurately excludes, for example, the Storage room, as depicted on Plan page A120-B. The Second Floor Parcel Coverage Calculation is also incorrect and inaccurately excludes, for example, the Classroom in the southeast corner of the building and much of the blue-shaded area, as depicted on Plan page A121- B. (I could not find the Plan pages on the City’s Agenda page or in any documents listed and linked on that page that are referred to in this paragraph and in this section, below. However, such Plan pages were produced by the Applicant in a 9-page pdf set and submitted to the City. These pages show and help show that the proposed project violates the Zoning Code. It is not clear why Staff failed to include such important pages with the Agenda. However, I am submitting these pages along with other materials.) Prohibited Third Story Addition 6.A.t Packet Pg. 1050 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 6 Furthermore, the Applicant proposes adding to its nonconforming Third Story, which is strictly prohibited under the Zoning Code. The Zoning Code only permits two story structures in the Applicant’s zone. (See SMMC 9.08.030 (Development Standards) (limiting number of stories in the R2 District to 2 stories).) The Applicant’s Building’s Lower Level is Not a Basement, it is the First Story In response to my questions, on 4/27/2021 and on 10/19/2021 on the phone, Jing, the Zoning Administrator, unequivocally told me that everything in dark green on Plan page A120-C is all on the same level for any and all purposes and applications and interpretations of the zoning code, including for the definition of a basement. On those calls Jing also unequivocally told me that all of the Dark Blue and the Medium Blue areas on Plan page A121-C are all on one level for all purposes, applications, and interpretations of the zoning code, including for the definition of a basement. On those calls Jing also unequivocally told me that all of the Dark Pink area on Plan page A122-C is all on one level for all purposes, applications, and interpretations of the zoning code, including for the definition of a basement. As noted, above, the Applicant’s plans, calculations, and the proposal assumes that, what the Applicant refers to as the “Lower Level” as a “basement,” however, in fact the existing building does not have a “basement” as defined under the SMMC. Basement, is defined by the SMMC as: 9.52.020.0230 Basement. The level(s) of a structure located below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade, in which no portion of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade projects more than 3 feet above Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade. Up to 4 wall surfaces of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade may be exposed above Finished Grade, so long as this exposure does not exceed 40% of each of these wall surface areas. Each wall surface area is calculated by multiplying the height by the length of the wall. In addition, the visible wall surface height of these walls shall not exceed 3 feet above Finished Grade, except for an entrance to a garage, which must be designed to the minimum feasible width and not exceed the maximum size requirements set forth in Chapter 9.28, or for any light well or emergency egress as required by the Building Code. A basement shall not be considered a story. (SMMC 9.52.020.0230.) Analyzing the First Criterion in the Definition of a Basement First, I’ll analyze the first sentence of Section 9.52.020.0230, which says: “The level(s) of a structure located below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade, in which no portion of the level directly below Average Natural 6.A.t Packet Pg. 1051 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 7 Grade, Segmented Average Natural Grade, or Theoretical Grade projects more than 3 feet above Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade.” The Applicant utilizes Average Natural Grade (“ANG”) in all of its plans and in its proposal. According to the City’s Zoning Administrator and the plain text of the ordinance, if any portion of the Lower Level projects more than 3 feet above ANG, then the entire Lower Level is not a basement, and would therefore be the First Story. As can be seen on Plan page A300-B/C, ANG is at 104 and ½ feet (104’-6”), and 3 feet above ANG is at 107 and ½ feet (107’-6”) (104.5’ + 3’ = 107.5’). ANG on Plan page A300B/C is also depicted as a horizontal broken red line. As can be seen on Plan page A300B/C, the Lower Level projects above ANG. Plan page A120-C shows the floor of the Lower Level at 97 and ¼ feet (97’3”), which is 7 feet below ANG. The Lower Level projects all the way to the surface of the floor above it. (SMMC 9.52.020.2320 defines Story as: “That portion of a building included between the upper surface of any floor and the upper surface of the floor next above. . . .”) Looking at Plan pages A120-C and A121-C, it is clearly evident that the Lower Level projects 4 and ¼ feet (or 4’ 3”) above ANG. (See the Dark Blue portion of the Main Level on Plan page A121-C, which displays the floor of the Main Level and upper range of the Lower Level as being 1 and ¼ feet (1’ – 3”) above the Light Blue portion of the Main Level, which has a floor level of 107 and ½ feet (107’ – 6”), which is already 3 feet above ANG (107.5’ + 1.25’ = 108.75’; also, 108.75’ – 104.5’ = 4.25’). Thus, the Kitchen, the Board Room, the Reception Front Office, both of Classroom – 1st Grade and a lot of other space on the Main Level, have their floor at more than 3 feet above ANG and thus, the Lower Level space below it all projects 4 and ¼ feet above ANG, which is more than 3 feet above ANG. Because the Zoning Code’s definition of a basement says that “no portion of the level directly below” ANG may project “more than 3 feet above” ANG, the entire Lower Level is not a basement and is thus the First Story. Jing confirmed this to me on the phone in April 2021. The Applicant’s plans that were used in their expansion approximately 25 years ago also display the same result. Those plans, Plan page A-5.2.1 (dated May 02, 1997) depicts large portions of the Applicant’s Lower Level as projecting all the way to 108.75’ (108 and ¾ feet), which is 4.25 feet above ANG (108.75’ – 104.5’ = 4.25’). (See also Plan page A-6.2 (dated May 02, 1997.) Analyzing the Fourth Criterion in the Definition of a Basement The Lower Level, which the Applicant claims is a basement rather than the First Story, is not a basement also because walls of the Lower Level have visible wall surfaces that exceed 3 feet above Finished Grade. The fourth sentence of SMMC Section 9.52.020.0230, defining “Basement,” says: “In addition, the visible wall surface height of these walls shall not exceed 3 feet above Finished Grade, except for an entrance to a garage, which must be designed to the minimum feasible width and not exceed the maximum size requirements set forth in Chapter 9.28, or for any light well or emergency egress as required by the Building Code.” 6.A.t Packet Pg. 1052 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 8 This means that if even one visible wall surface height of a level exceeds 3 feet above Finished Grade, then the entire level is not a basement. Several of the Applicant’s Lower Level walls have visible wall surfaces that exceed 3 feet above Finished Grade. Plan page A120-C, depicts the Lower Level. Three of the walls of the Storage room in the southeast corner of the building all have visible wall surfaces that exceed 3 feet above Finished Grade. (See photos.) The westerly, southerly, and easterly walls of the Storage room all have visible wall surfaces that exceed 3 feet above Finished Grade. (See photos.) The wall containing the entrance to the Lower Level, which abuts the Break Out Room and the hallway adjacent to the Break Out Room on the Lower Level also have a visible wall surface that exceed 3 feet above Finished Grade. (See photos.) Even without the photos, it is obvious that the Storage room in the southeast corner of the building has a visible wall surface that exceeds 3 feet above Finished Grade. Plan page A300-B/C, on the top portion of the page, “E/W Section Through Elevated Court Level Diagram shows 3 feet of the Storage room on the Lower Level above the broken red line – the line that delineates where ANG is – and additional wall surface below ANG down to the surface of the parking lot. That wall of the Storage room that abuts the Existing Parking, as depicted on Plan page A300-B/C, both the 3-foot portion of the wall above ANG and the portion below ANG that is above the surface of the Existing Parking is a visible wall surface that exceed 3 feet above Finished Grade. (The wall of the Storage room, referred to here, is on the western side of the Storage room, even though it is depicted on the right side of the Storage room. That is because the diagram at the top of Plan page A300-B/C is viewed from the North.) What Plan page A300-B/C doesn’t show is that the walls of the Storage room on the South and on the East of the room also have visible wall surfaces that exceed 3 feet above Finished Grade. This diagram doesn’t show that the Finished Grade on the South side of the building where the Storage room is located is almost exactly the same as the Finished Grade where the surface of the Existing Parking lot abuts the Storage room. (See photos.) While it is more difficult to see and access, much or all of the walls on the east side of the building have visible wall surfaces that exceed 3 feet above Finished Grade. (See photos.) The eastern side of the Storage room, as displayed on Plan page A120-C, which depicts the Lower Level, has already been shown, above, to have a visible wall surface that exceed 3 feet above Finished Grade. The Faculty Lounge on the northeast corner of the Lower Level, as displayed on Plan page A120-C, has its entire eastern wall from approximately the floor to the ceiling (approximately 8 feet) with a visible wall surface that exceed 3 feet above Finished Grade. (The photos of the eastern wall of the Faculty Lounge on the Lower Level, accompanying this Supplement, were taken with bushes and a chain linked fence between the camera and the eastern wall and the surface of the abutting Finished Grade, making it somewhat difficult to see; but, if one looks carefully, it is obvious that the visible wall surface on the eastern wall of the Faculty Lounge has several feet, more than six feet of visible wall surface, above Finished Grade.) The Lower Level is clearly not a basement. A similar perspective can also be seen in the Carlthorp School Plans from approximately 25 years ago, page P-3, dated October 22, 1997, and approved under a previous zoning code, 11/12/1997. 6.A.t Packet Pg. 1053 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 9 The Lower Level also violates other aspects of the definition of a basement. (SMMC 9.52.020.0230.) No Basement, Three Stories, Incorrect Parcel Coverage Calculations, Minor Modification Application is Insufficient to Build Proposed Project, and Prohibited Third Story Additions Therefore, the Lower Level is not a basement as the Applicant asserts. (Perhaps the City’s Planning Department failed to actually inspect the property and instead relied only on the plans in determining that the Applicant’s proposed project satisfied the zoning code.) Instead, the Lower Level is the First Story, the Main Level is the Second Story, and the Upper Level is the Third Story. All parcel coverage calculations are based on the wrong information and are incorrect and thus the public disclosures are all incorrect and the public has not been adequately notified and the City has not adequately reviewed the project. The actual parcel coverage exceeds the amounts being asked for in the Applicant’s application. Additions to the Third Story are being proposed, which are strictly prohibited by the Zoning Code. Staff should not have recommended that the proposed project be approved and the City Council should confirm my appeal and deny the Applicant from being granted approval. The Proposed Multipurpose Room is a Classroom The Zoning Code requires additional parking to be added if the proposed project adds even a single classroom. (Please see Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard, at 5 –7 (section titled, The Applicant’s Cover-up and Rationalization of the Additional Classroom Space) (describing in more detail how the multipurpose room will serve as a classroom). The proposed multipurpose room, in Planning Commission Hearing (11/4/2020) Attachment J, says that it will be used for "Orchestra practices" and "Theatrical practice" and an "Indoor climbing wall for PE" and "CPR training for employees" and "Professional development for faculty." These are all instructional activities involving instructors and students. (Regarding training for employees and professional development for faculty, such activity does involve instructing students, except that in such activity, the employees and faculty members are the "students.") As such, by definition, when any of these activities are taking place, the multipurpose room would be serving as a classroom. The Applicant has repeatedly said, dating back to its initial application in 2019, that it would be conducting such instructional classroom activities in the proposed multipurpose room. All three of those applications, clearly state that the Applicant intends to use the Multi-purpose room for teaching classes. The Applicant admitted that its proposed “subterranean multi-purpose room” would be used for teaching classes and as classroom space when it said that the proposed expansion would be used for “performances and other K-6 educational activities, which 6.A.t Packet Pg. 1054 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 10 include music and performing arts classes.” (See City of Santa Monica – City Planning Division, Discretionary Permit Application, for 438 San Vicente Blvd, for a Minor Modification (not dated or signed), attached sheets Project Description (“Minor Mod Project Description”), at 2.) It made such admission three times in three separate applications over the period of almost a year, relating to this proposed project. (Please see Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard, at 5 –7 (section titled, The Applicant’s Cover-up and Rationalization of the Additional Classroom Space) (describing in more detail how the multipurpose room will serve as a classroom). The Planning Department added Condition 17 to prevent the multipurpose room from being used as a classroom. However, Condition 17 is unenforceable. The proposed Multi-purpose room is subterranean and any teaching activity would be undetectable and the City continues to refuse to enforce ongoing violations of existing CUP Conditions and SMMC violations at the school. All the more so, the City would not likely enforce Condition 17, which is not visible to the naked eye. Also, Condition 17 is self- contradictory because it says that the “multi-purpose room shall be used in the manner described in Attachment J of the staff report and shall not be used as a classroom.” Attachment J contains multiple uses that are clearly classroom activities, and thus Condition 17 is self-contradictory, and it is unenforceable even if the City’s enforcement agencies had the will to enforce it. Because the Multipurpose Room is a Classroom, Additional Parking Spaces Are Required Because the multipurpose room is a classroom, the Applicant must add parking spaces. Because the proposed project does not call for adding parking spaces, the proposed project does not satisfy the Zoning Code and the Appeal must be accepted and the proposed project must be denied by the City Council. Parking Issues From the STOA Conditions that was passed by the Planning Commission in 11/4/2020: Condition # 6 calls for special planning only for events that are expected to exceed 150 vehicles. That is an absurdly high number for this neighborhood. The School only has approximately 34 parking spaces for its 80 employees. The Condition is all but impossible to enforce. First, the Condition doesn’t clarify if the expected number of vehicles includes employee vehicles or only additional vehicles. Second, the school can always say that it “expected” fewer vehicles. There is no advance mechanism to assure the neighborhood that reasonable precautions will be made and followed. 6.A.t Packet Pg. 1055 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 11 When the Applicant expanded 25 years ago, it obtained its variance on parking, based on statements and information provided to the City, including that it intended to expand its total faculty from 22 people (15 full time and 7 part time) to 32 people (15 full time and 7 part time), which was a comparable percentage increase to their planned enrollment expansion of slightly less than 50% at that time. (See Letter from Arthur L. Kassan, Consulting Traffic Engineer, to Ronald K. Fuchiwaki, City Parking & Traffic Engineer, dated 6/13/1995, at 1.) The Applicant in 1996 received a variance to allow for their parking configuration, which would have been sufficient to support their “planned” staff of 32 people. However, the Applicant’s staff swelled to 80 people after receiving their CUP and variance in 1996. When the Applicant received its variance and its CUP in 1996, it deceived the Planning Commission and the City. When the parking analysis was conducted, the City relied on the Applicant telling the City that it was only expanding to 32 people (including part time employees), rather than expanding the staff to 80 people. By no means does the Applicant have sufficient parking spaces available to accommodate its needs, and thus heavily burdens its neighbors, in the surrounding blocks and further. The Applicant violated its commitments to the City regarding faculty size and should not be permitted to expand further. In fact, the Applicant should be required to reduce its faculty to the level that it committed to the City and its neighbors 25 years ago at approximately 32 people. The granting of any expansion should require such a condition. The Applicant now says, again, that it won't increase its faculty size. Nonsense. Empirically, the Applicant has demonstrated that it couldn't be trusted to keep its word then; it should not be trusted to keep its word now. The school’s deficient parking causes faculty and visitors to the school to park in the surrounding neighborhood, taking away space from local residents. The Applicant has argued in the past, as it did to the Planning Commission, that it somewhat mitigates these parking concerns because it is friendly with a neighboring landlord who leases residents to some of its faculty. Such argument should be completely disregarded because the Applicant does not have an entitlement to use such parking spaces and it is completely possible that in the future, no such relationship will exist. Noise Concerns I cannot overstate how much of a burden that the noise that the Applicant generates is upon its neighbors. The noise study that the Applicant presented is misleading. The noise pollution that the Applicant generates disrupts the peace and quiet in the neighborhood in a major way. Some of the noise concerns are: Children screaming, whistles, P.A. systems and loud speakers, loud noises from vehicles and people congregating in the large open parking lot off the alley (Georgina Place), organized cheering and screaming, outdoor amplified music and rallies. The school also uses “Walkie-Talkies” and whistles, which are particularly grating upon the nerves. Sometimes the Applicant invites musical and other 6.A.t Packet Pg. 1056 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 12 groups that bring in their own amplification system. The Applicant should be prohibited from doing any of these. The Applicant should also be prohibited from bringing in temporary speakers and amplification, such as for an event. The Condition 9 language should be modified to include prohibition of speakers anytime, not to exceed 3 minutes during morning assembly and not at any other time, except for emergencies. Even use of amplified speakers during morning assembly is unnecessary and invasive to the community and should be prohibited. The noise study that the Applicant submitted cited incorrect decibel limits from the SMMC that were higher than the code actually indicates. The noise study and its analysis and conclusions is flawed and should therefore be disregarded. (See also, discussion relating to Attachment E, #6A – D.) Traffic Traffic caused from employees and also parents dropping off and picking up children is excessive. Twice a day a line of cars circle the block, double-parked and blocking traffic, creating excessive traffic for vehicles and substantial hazard for vehicles, pedestrians, and animals. Faculty, parents, and children commonly trespass neighboring properties on their way to and from school. Sunshine, Sunlight, and Heat Building the rooftop play court would block sunlight and direct sun from my windows, and reduce sunlight that enters my home. The rooftop play court should not be allowed. I rely on the sun entering my windows facing the Applicant to grow, ripen, and mature most of the food that I eat. I have a right to that sunshine and sunlight and I need it for my food. The sun in the morning helps to jumpstart the warming of my home, particularly in the late winter, springtime, and the early fall. The sun in the morning also helps to jumpstart me, to ward off Seasonal Affective Disorder, from which I struggle with. The Applicant should not be permitted to build the rooftop play court, or at least not within approximately 40 feet of the western side of the existing building. Appellant’s Response to Staff’s Attachment E, “Detailed Response to Appeal Statement” Staff’s Attachment E, “Detailed Response to Appeal Statement” (“Attachment E”), is littered with misleading statements and ignores the actual facts and the law. Topic 1A) Upper level exceeds parcel coverage: Staff has ignored the fact that the parcel coverage calculations were conducted incorrectly. (See, above, The Applicant’s and 6.A.t Packet Pg. 1057 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 13 Staff’s Parcel Coverage Calculations of the Proposed Project are Incorrect and Exceed the Allowable Limit Under the Code, Including With the Minor Modification that the Applicant Requests.) Topic 2A) Operating detrimental to surrounding properties: Obviously Code Compliance or anyone else failed to inspect or visit the Applicant’s site at night where it would have seen powerful flood lights that shine into neighbor’s windows all night long. I’ve complained to Code Enforcement and to the police numerous times regarding various violations but they never do anything. (See photo.) Topic 2B) No further permits should be allowed to be issued due to CUP violations: The 95CUP-012, Condition #31 says that if the Applicant “fails to comply with any conditions of the [1996 STOA], no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.” Staff admits that there are at least two ongoing violations of conditions of the Applicant’s existing CUP (95-CUP-012). These violations (and others) have existed since prior to this century, without any mitigation. Staff is acting irresponsibly by recommending that the Santa Monica City Council ignore the fact that the Applicant is a serial violator of its CUP conditions. Condition #31 is a standard condition in virtually all of the CUPs that the City grants, and I think is a requirement under the SMMC. The Santa Monica City Council should abide by the City’s own policy of requiring compliance before granting any additional entitlements to the Applicant. If Staff were truly objective – as it should be but for which it is obviously not – Staff would not be recommending that the Santa Monica City Council deny my appeal. (See 2E and 2F, below.) Topic 2C) Existing Landscaping exceeds height limits: The trees on the westerly border of the Applicant’s property are planted excessively close together and, thus, are a de facto hedge and/or wall, and exceed height limits. Topic 2D) Existing plan for pick-up/drop-off does not work: The neighbors should have been directly solicited regarding this issue, before any additional entitlements are granted. The chain of vehicles that line up around San Vicente Blvd, onto 4th Street, and onto and way up Georgina Avenue for pick-up and drop-off creates a serious safety hazard for the community and causes serious traffic interference for the neighborhood. Drivers of these vehicles commonly violate the Motor Vehicle Code and block intersections to both pedestrian and vehicular traffic. This issue is a very serious matter due to the dangerous and hazardous conditions imposed by the Applicant and because life is so precious. This neighborhood is a very quiet and peaceful residential neighborhood – except for the Carlthorp School. Topic 2E) Grass surface replaced without approval: In Attachment G (to the 11/4/2020 Planning Commission hearing), the Annotated 1996 STOA, the Applicant admitted that it defied Condition #59 of its existing CUP, essentially disrespecting the City and its neighbors by unilaterally tearing out its grass – that it is required to have and maintain – and replacing it with artificial turf that, instead of emitting fresh oxygen as grass does, emits harmful noxious fumes that adversely affect the health of its neighbors and caused 6.A.t Packet Pg. 1058 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 14 my dear sweet mother to suffer and contributed to her demise. The Applicant apparently misled the Planning Commission and the public again, here, by rationalizing and not disclosing the real reason the Applicant replaced the required grass with artificial turf: so that the Applicant could produce noisy outdoor activity all day long instead of only on a limited basis. The Applicant has admitted that it is – and has been for many years – in violation of this condition of the 1996 STOA; Condition #31 prohibits the Applicant from receiving any additional entitlements “until such violation has been fully remedied,” which it has not (with respect to this Condition #59 and other Conditions); and therefore, the Planning Commission should not have approved the Applicant’s proposals. Artificial turf also prevents rainwater from seeping into the soil and down into the water table. (See 2B, above.) Topic 2F) Obstructed clear view through front fence: The Applicant is, and has obviously been openly defying its CUP for a number of years on a continuing basis, not in compliance with this Condition. This Condition requires that the front yard fence and landscaping shall be “installed and maintained so as not to obstruct a clear view through the fence.” It is plainly obvious to anyone passing by the Applicant’s parcel in the front on San Vicente Boulevard that the view through the fence is completely obstructed. Photos taken 21 months ago depict that obstructed view. (Please see photos attached to my 5/20/2020 comment letter that were taken on 5/19/2020.) The view today is still obstructed. I have photos taken on the day of the November 4, 2020 Planning Commission hearing, and on 2/20/2022, which prove that the view is completely obstructed. The Applicant is also in open defiance of SMMC Section 9.08.030.F.4., which requires that Applicant’s courtyard “shall be visible and accessible from the sidewalk.” Pursuant to the 1996 STOA, Condition #31, the Santa Monica City Council should not approve the Applicant’s application because the Applicant was not in compliance with its existing CUP. (See 2B, above.) 2H) Inconsistency of prior assertions by applicant regarding student enrollment and number of staff: Staff misunderstands my assertions. I am saying that the Applicant made representations to the City and to the public that it would only increase its employee staff from 22 full and part time employees to 34 full and part time employees and that the City and the public relied on such representations when the process occurred in granting the Applicant its current CUP. The City should require that the Applicant reduce its staff level to approximately the level that it represented to the City and to the public when it was granted its current CUP. If any entitlements are granted to the Applicant, such entitlements should be conditioned upon limiting Applicant’s staff to approximately 34 people. And, certainly any language in any conditions should not prevent the public from asserting these issues in the future. In other words, any entitlements and conditions should not say or imply that the Applicant may have a staff level as high as any specified number above approximately 34 people. 3A) Number of stories: Staff overlooks the fact that the Lower Level of the building does not meet the code requirements to be a basement and is therefore a three-story building. (See section, above, named The Applicant’s and Staff’s Parcel Coverage Calculations of 6.A.t Packet Pg. 1059 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 15 the Proposed Project are Incorrect and Exceed the Allowable Limit Under the Code, Including With the Minor Modification that the Applicant Requests.) 3E) Offices within apartment: This conversion occurred for several years earlier this century and through much of the last decade. (I did not say that the conversion was still ongoing. They closed those offices probably in preparation for their current application.) I referred to that conversion to illustrate that the Applicant has disrespected and flouted the Planning Commission and the laws of the City and to suggest that the Applicant is cavalier regarding respecting City ordinances, its CUP conditions, and its neighbors. 3F) School did not engage in neighborhood outreach: There was a public meeting, which I went to, but the meeting was very brief, substantially shorter than had been announced. I had various questions that I raised after the meeting but still within the scheduled time. Before I had an opportunity to ask all of my questions, several other members from the public that had remained and I were all asked to leave. I, not the Applicant, reached out by calling Tim Kusserow a few months later to discuss the project, but that was like speaking with a block wall. A few neighbors and I later arranged a conference call with Mr. Kusserow (or possibly someone else at the school), but that experience was also fruitless. Mr. Kusserow left the call after a short while and I was not permitted to even speak during the call. I later reached out to the Applicant’s law firm, who responded by having Melissa Sweeney contact me. But she had no authority to consider actual public concerns. She told me that she would get back to me but she didn’t, even after I subsequently tried to reach her. I am not aware of any other so-called outreach. The only public outreach was a perfunctory effort to present minimal information to the public. It was not true public outreach because there was zero receptivity by the Applicant regarding any and all public input. The Applicant was completely dismissive of any public input. It is disingenuous to describe the Applicant’s contact with the public as actual “outreach.” 4A) Parking requirement for classroom vs multipurpose room: The Staff here has it backwards. The Applicant has provided a description of the multipurpose room, which clearly states that it WILL be used as a classroom. (See section named The Multipurpose Room is a Classroom, above; and see, Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard, at 5 –7 (section titled, The Applicant’s Cover-up and Rationalization of the Additional Classroom Space) (describing in more detail how the multipurpose room will serve as a classroom). ) And, Condition #17, which purportedly is intended to deal with this issue is self-contradictory and unenforceable. (See id.) 6A) Noise and privacy: The mitigation measures that are proposed are inadequate and in some respects aggravate the problem. (See above, Noise Concerns.) 6B) Noise is excessive when windows are open: This is an example how Staff is only concerned with whether the Applicant is in compliance with the “letter” of the existing CUP and its conditions, as opposed to the spirit of not imposing upon its neighbors and 6.A.t Packet Pg. 1060 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 16 the community; or if it can artificially justify the bending or actual breaching of the existing CUP and its conditions. Here, double-paned windows were proposed, when the existing CUP was created, for some of the Applicant’s neighbors, to mitigate the outrageous noise created by the Applicant. However, such measure is completely ineffective during warm and hot days when it is necessary for such neighbors to open windows for air circulation. That amounts to more than half of the school year (plus summer school). I’ve been raising this issue throughout the process these past two years, but the Applicant, Staff, and the Planning Commission have ignored this issue. The City Council should not grant any additional entitlements until the Applicant and Staff actually and sincerely reach out to its neighbors and solve this issue. For more than 20 years this has been a major problem. I have complained numerous times to the Applicant and to law enforcement and nothing has ever been done to mitigate this extremely imposing problem. Children at random suddenly scream with high-pitched voices as loud as they can. Adults suddenly blow whistles, lead organized and synchronized cheering, and use walkie-talkies that grate the ears and nerves. The P.A. system suddenly is utilized. Without advance notice, suddenly an event occurs with amplified music, singing, talking, yelling and cheering. All of them randomly and suddenly yell at the top of their lungs. All of this causes enormous stress on the nerves, prevents concentration, and prevents speaking on the phone. And, for the size of the space and the proximity to its neighbors in this otherwise quiet and peaceful neighborhood, the Applicant very unreasonably imposes itself upon its neighbors and the Planning Department and the City has made unfair rationalizations on behalf of the Applicant. 6C) Excessive noise: This is another example how the existing CUP conditions were not well planned. The existing Condition #56, which requires staggering of playtime, is part of the problem. It would be better to have all playtime occur all at once and get it over with, rather than have it be loud throughout almost the entire day, as is the case now. That way, on warm and hot days, windows could at least be open part of the day, rather than forcing neighbors to swelter and suffocate the entire day. And, this could occur on a set schedule so that neighbors could have control over their day, rather than the school controlling the neighbors’ days. The City should reverse this condition to require the Applicant to have all playtime coordinated during shorter portions of the day on a set schedule. 6D) Excessive noise: The existing Condition #57 requires playgroups to be dispersed. However, the opposite is occurring during loud organized cheering. Also, I don’t see how the noise could be much worse so probably the Applicant is not adhering to this condition in other ways. 7A) Privacy impacts: See my fourth bullet point under The City Council Report, relating to page 8 of that report. Also, as I’ve said before in another earlier submission: Faculty, parents, and children commonly trespass neighboring properties on their way to and from school. 8A) Documents withheld: I still have not received all of the documents that I have requested from the City pertaining to this appeal 6.A.t Packet Pg. 1061 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 17 8B) Questions not answered: Staff asserts in its Response to 8B in Attachment E that “Staff has responded to questions during multiple phone and virtual meetings with multiple staff members.” Such statement is grossly misleading. Since I filed the appeal, there were three – and not more than three – phone calls since I filed the appeal when I presented substantive questions. The first phone call was on 4/14/2021 with Jing Yeo. Most of that call dealt with my asking a threshold question that had to be asked before I could move to the actual questions that I needed to ask. However, Jing was stuck on giving me an answer that defied geometric logic and fundamental rules of geometry, math, and physics. (She was stuck on the notion that a “level” of a structure was based on a single point in such structure and that there were infinite numbers of “levels” related to the corresponding infinite points in a structure. Such notion defies geometric logic and fundamental rules of geometry, math, and physics because a level cannot exist in a single point, or stated another way, in zero dimensional space.) We ran out of time for that call so I asked her to think about it and we’d pick that up on the next call, which we planned for 4/27/2021. Almost as soon as we began speaking on 4/27/2021, Jing had already come around to my way of thinking. There was some important progress that I made in asking my questions during those two calls in April and one important question (or group of very similar questions) that was answered on 10/19/2021, which covered only about five minutes of that call in October. (Some of the detail of those answers has been explained above.) But almost everything else about the call on 10/19/2021 was a waste of time, whereby Jing outright refused to answer my questions. There was a trail of thought that I was taking Jing down using diagrams from the Plan pages, in which I was leading her to questions that I was trying to ask and she was finally being receptive. However, David Martin had set that call up with him, Stephanie Reich, and Gina also on the call. I need and needed specific questions answered regarding the zoning code and Jing is the Zoning Administrator, who has the responsibility to explain and clarify the zoning code. My questions were directed at Jing and not Stephanie. However, as I explained to David Martin in my email of 10/29/2021: “However, my questions are of the nature, which are for the Zoning Administrator, particularly because some of my questions are complicated, and about complicated issues and definitions.… Jing is the Zoning Administrator – not Stephanie. . . . [I]t is her responsibility to make these determinations, and yours I guess as the Director. Multiple times Stephanie disrupted the flow of my questions and descriptions, interrupting because she had difficulty following along, as she indicated. [And, e]ach time Stephanie interrupted, it was just as I was about to get [to where I needed Jing to go in her mind and with the diagrams for me to ask my questions].” Thus almost all of the 10/29/2021 conference call was a waste of time and I still hadn’t gotten to ask my questions. 6.A.t Packet Pg. 1062 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 18 Staff’s Response to 8B in Attachment E that “Staff has responded to questions during multiple phone and virtual meetings with multiple staff members” is grossly misleading. Staff’s assertion, in its Response to 8B in Attachment E, “staff has provided written correspondence to comprehensively answer all questions” is absolutely and brazenly FALSE. Staff has stonewalled me and refused to answer my questions, while simultaneously attempting to cram down a hearing down upon me. I began requesting that the Zoning Administrator, Jing Yeo, answer my questions more than 13 months ago in early January 2020. She was very busy for a couple of months and then I had an injury that delayed a couple weeks. In April 2021, Jing and I got off to a good start in phone calls on 4/14/2021 and 4/27/2021, whereby we resolved to continue the process by email. On 5/12/2021, I sent her an email with various questions and requests for confirmations of what she had told me during April on the phone. She told me that I would receive answers within or shortly after a couple weeks. I followed up with approximately a dozen emails and phone calls when she was not forthcoming. Jing went completely dark on me, failing to respond in any way whatsoever. After that, the only times Jing contacted me was by email and then only after I would explain the circumstances to the City Manager (first John Jalili and then David White) and that I wasn’t getting my questions answered. My first contact with the City Manager, John Jalili, was in early July 2021, and Jing followed up with an email addressing some of my questions. But her answers were vague and opaque and mostly not on point and incomplete. For more than the following seven months, I would promptly reply to her emails regarding my questions, asking her to actually answer my questions. But she would not respond to my email replies, unless and until I contacted the City Manager again, and then and only then would she reply to my emails. I also attempted to reach out to David Martin, the Director of the Planning Department, with numerous emails and phone calls, attempting to get him to motivate Jing to properly answer my emails. The only times David Martin got back to me was shortly after I contacted the City Manager. Additional detail is explained, above, in the section discussing the unfair process. (The email strings with Jing Yeo and David Martin, since 5/12/2021, are being included along with this Supplement.) Staff’s assertion, in its Response to 8B in Attachment E, “staff has provided written correspondence to comprehensively answer all questions” is absolutely and brazenly FALSE. 8C) Premature Planning Commission hearing: “Multiple hearing delays were granted” implies that such delays were granted due to my causing that to be necessary. All delays relating to the Planning Commission hearing were due to the City choosing on its own to delay the hearing date or because the City had failed to follow through on commitments to provide me with information, answers to questions, and documents. Almost all of the delay occurred due to the City’s own choosing for its own reasons. The two delays relating to the City not following through on commitments to me was only one week in May 2020 and approximately two weeks in October 2020, and I still had not received all of the documents that I had asked for when the hearing was held on 11/4/2020. 6.A.t Packet Pg. 1063 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 19 Staff’s assertion, in its Response to 8D in Attachment E, “Multiple hearing delays have been granted” is very misleading. Any and all delays in bringing this matter before the City Council is due to delays caused by the City, except for an approximately two week delay that I needed due to an injury that I suffered in late March 2021. All other delays in this process were due to Jing Yeo, the Zoning Administrator, being too busy to answer my Zoning Code questions during the winter of 2021, and then since 5/12/2021, her refusing to respond to me and her answering my questions and requests for clarifications and confirmations of oral statements in a vague, opaque, unspecific, and off the point manner and also her refusing to answer my questions. (See detailed discussion in response to 8B and in discussions above relating to the unfairness of the process and attached email strings with Jing Yeo, David Martin, Regina Szilak, and David White.) 8D) Requested appellant to confirm February 22, 2022 appeal hearing date on November 29, 2021: The City here makes a false and misleading statement. The City notified me weeks after setting the 2/22/2022 hearing date and weeks after notifying the Applicant that the hearing date had been set for that date. The City’s email on 11/29/2021 did not ask me to confirm the 2/22/2022 date for the hearing; it only mentioned 2/22/2022 as a potential hearing date. I responded on 12/8/2021, rejecting such date by indicating that setting a hearing date at that time was “premature and grossly unfair until I have had the opportunity to have my questions and requests for clarifications properly addressed and fully vetted.” I was not notified that the City wanted to proceed with 2/22/2022 until 2/1/2022, which was weeks after the City had notified the Applicant that that was a set date and more than 10 days after I first started requesting that the City confirm or deny whether that date had been set based on rumors I had heard. (See submitted email strings with Regina Szilak, Jing Yeo, David Martin, and David White.) And, I didn’t really know that 2/22/2022 would be the hearing date until 2/17/2022. (See email strings with David White, and particularly my email to David White, dated 2/18/2022.) The City deceived me and misled me and failed to properly notify me as to the hearing date and gave substantial deference to the Applicant against my interests as the Appellant, and the City has done that throughout this process. The City Council Report The City Council Report states in the context of “the impact of loading/unloading and parking on the surrounding neighborhood[, that] [n]o new parking impacts are associated with the current proposal.” (City Council Report, at 7.) That is an absurd finding. The Applicant has said that it intends to hold music and dance performances in the proposed multipurpose room. The multipurpose room will at times serve as an auditorium/theater with a substantial capacity. And the addition of the proposed multipurpose room and the proposed rooftop play court will add substantial space for events that are more intense than are currently held. The Applicant will be able to host larger crowds of visitors, which would require larger numbers of staff to monitor the events. At large events, the Applicant might choose to even hire temporary workers for the event, particularly if valet parking is permitted, which is a very bad idea. The school already commonly hires (or invites) musical bands and other performing arts, and various other services when it 6.A.t Packet Pg. 1064 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 20 conducts events. The school will likely hire catering services. All those people have to park somewhere if they drive there. All of these people will impact parking needs that will impact the community and the surrounding neighborhood. There are many other examples that would impact the neighborhood. The City Council Report describes conditions to “provide concrete direction and guidance to further … dialogue” with the neighborhood. (City Council Report, at 8.) Those conditions are joke: A school appointed liaison would not accomplish anything. For decades I have reached out to head administrators at the school and asked them to limit noise and with numerous other problems. They never do anything and only offer excuses. I’ve complained many times to the police and to Code Enforcement and nothing ever gets solved. A school appointed liaison would work for the Applicant and have no authority that the neighborhood could rely on to represent our interests. Netting surrounding the upper-level play court would be ugly, as would the 30+ high wall surrounding the play court, and it would exceed the height limit in the zoning code. As discussed, above, the Conditions (Condition 17) is self-contradictory and unenforceable and would not ensure that the multipurpose room would not be used as a classroom. The landscape screen does not solve privacy concerns; it aggravates privacy concerns. That “solution” is outrageously horrible for residents in the adjacent residential building across from that area of the school and would fail to protect the privacy of such residents. It would only serve to protect the privacy of the school but would do the opposite for those residents. Landscape screens are opaque from a distance but are semi-transparent when someone is up close. Such screens tend to have openings and develop tears (both minor and major) that are completely transparent, and they tend to degrade over time, thus reducing their opacity. Therefore, anyone at the school going up and down the stairwell or anywhere close to the screen could peer and stare into the opposing windows on the east side of the adjacent residential building. And, people inside those residences would not even be able to detect that someone is peeping into their windows, thus creating the constant concern and anxiety that someone (or even a hidden camera) could be watching at any time. Such “solution” is an invasive disruption to the privacy of the people in the adjacent building. The solution is very simple: Don’t allow the rooftop play court to be built. Short of that, don’t allow the stairwell on the western perimeter to be built. Short of that, require the stairwell to be fully enclosed with walls, or at least a wall on the outside side of the stairwell that is at least 7 feet high. The Applicant should absolutely not be permitted to have valet service. It would create enormous stress on the neighborhood and only compound the parking and traffic impact on the neighborhood. 6.A.t Packet Pg. 1065 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. STATEMENT OF STEVEN SALSBERG, APPELLANT February 22, 2022 Page 21 The City Council Report when in reviewing my Appeal Statement fails to consider issues brought forth here in this statement and additional issues that I still wish to formulate and present because: The City refused to answer my zoning code questions after having committed to me that it would answer such questions sufficiently in time for me to provide additional follow up questions that build on such zoning code questions, and sufficiently in advance of scheduling a hearing date. (See above.) The City also failed to fulfill my information requests, and in a timely manner. 6.A.t Packet Pg. 1066 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning 6.A.t Packet Pg. 1067 Attachment: ADD-TO_Appellant Supplemental Materials Part 3 - Statement of Steven Salsberg Appellant 2-22-2022 (5012 : Appeal Planning 6.A.u Packet Pg. 1068 Attachment: ADD-TO_Appellant Supplemental Materials Part 4 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.u Packet Pg. 1069 Attachment: ADD-TO_Appellant Supplemental Materials Part 4 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.u Packet Pg. 1070 Attachment: ADD-TO_Appellant Supplemental Materials Part 4 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.u Packet Pg. 1071 Attachment: ADD-TO_Appellant Supplemental Materials Part 4 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 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Carlthorp 6.A.u Packet Pg. 1138 Attachment: ADD-TO_Appellant Supplemental Materials Part 4 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.u Packet Pg. 1139 Attachment: ADD-TO_Appellant Supplemental Materials Part 4 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.u Packet Pg. 1140 Attachment: ADD-TO_Appellant Supplemental Materials Part 4 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.u Packet Pg. 1141 Attachment: ADD-TO_Appellant Supplemental Materials Part 4 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.u Packet Pg. 1142 Attachment: ADD-TO_Appellant Supplemental Materials Part 4 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.u Packet Pg. 1143 Attachment: ADD-TO_Appellant Supplemental Materials Part 4 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.u Packet Pg. 1144 Attachment: ADD-TO_Appellant Supplemental Materials Part 4 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.u Packet Pg. 1145 Attachment: ADD-TO_Appellant Supplemental Materials Part 4 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp 6.A.u Packet Pg. 1146 Attachment: ADD-TO_Appellant Supplemental Materials Part 4 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – PROCEDURAL ISSUES May 9, 2022 Page 1 ` THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – PROCEDURAL ISSUES To the Members of the Santa Monica City Council: PLEASE CONTINUE THIS HEARING TO A LATER DATE. THE APPLICANT MADE SUBSTANTIAL AND MATERIAL CHANGES TO ITS PLANS WHICH I RECEIVED LESS THAN ONE WEEK PRIOR TO MY DEADLINE TO SUBMIT THIS DOCUMENT AND LESS THAN TWO WEEKS PRIOR TO THIS HEARING. I THUS DID NOT HAVE SUFFICIENT TIME TO PREPARE THIS DOCUMENT OR TO PREPARE FOR THE HEARING OR TO CONSULT WITH EXPERTS. HOLDING THE HEARING ON 5/10/2022 WOULD FURTHER DENY ME A FAIR PROCESS. THE CITY UNFAIRLY COORDINATED WITH THE APPLICANT IN NUMEROUS OTHER WAYS, TO GAME THE PROCESS TO MY DISADVANTAGE AND TO DENY ME OF MY DUE PROCESS RIGHTS. (This document is incomplete and not adequately edited and trimmed down because the City refused to allow me to have a reasonable amount of time to review the materially modified Plans, twice in one month, and sandbagged me on the scheduling.) If any of the Applicant’s Employees Make Public Comments at the Hearing, That Time Should be Taken Away From the Applicant’s 10 Minutes of Presentation Time During the Hearing, Otherwise the Hearing Process Will Not Be Fair The Format of This Hearing is Denying Many of my Neighbors, Who Support My Appeal, From Attending and Providing Oral Comment Many of my neighbors and allies who ardently oppose the Applicant’s Project and who support my appeal have told me that they will not attend because of COVID fears. Many of them are mature and/or have other COVID related vulnerabilities. They are all long- term residents with deep roots in the neighborhood and in Santa Monica and they are all voters and many of them are very active politically. Please postpone this hearing and make arrangements so that they can participate in the hearing remotely. The City of Santa Monica Has Denied Me a Fair Process and Has Denied Me My Due Process Rights The City of Santa Monica (the “City”) has not conducted the appeal process in a fair manner. The City and its employees (“Staff”) have misled me and acted with bias. The City has unfairly favored the Carlthorp School (the “Applicant”) against my (and my neighbors’) interests as the Appellant. 6.A.v Packet Pg. 1147 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Procedural Issues 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – PROCEDURAL ISSUES May 9, 2022 Page 2 (1) For the second time in one month the City allowed the Applicant to substantially and materially alter its plans very shortly before the hearing date scheduled for 5/10/2022, causing me to be unprepared to adequately analyze and address all of the changes in the updated plans and also have time to sufficiently prepare and provide my Supplemental Appeal Statement and adequately prepare for the 5/10/2022 hearing, despite my numerous requests to postpone the hearing or to hold the Applicant to its original plans. Staff is and has been clearly unfairly biased in favor of the Applicant and against me (and my neighbors). (2) The City allowed the Applicant to substantially alter its plans very shortly before the hearing date scheduled for 4/12/2022, causing me to be unprepared to adequately analyze and address all of the changes in the updated plans and also have time to sufficiently prepare and provide my Supplemental Appeal Statement and adequately prepare for the 4/12/2022 hearing, despite my numerous requests to postpone the hearing or to hold the Applicant to its original plans. Staff is and has been clearly unfairly biased in favor of the Applicant and against me (and my neighbors). (3) The City did not notify me until weeks after setting the 2/22/2022 hearing date and weeks after notifying the Applicant that that date had been set and more than 10 days after I first began making inquiries to David Martin and Jing Yeo that that date had been set based on rumors I had heard. (4) The City committed to me before and after I filed the appeal to allow me to provide a Supplemental Appeal Statement that would be included in the record and which would be fully considered by Staff in their Staff Report and that Staff would provide me with a deadline for submitting my Supplemental Appeal Statement. Staff developed its Staff Report before giving me any such deadline to submit my Supplemental Appeal Statement prior to the 2/22/2022 hearing date. Staff told me that it had refused to update its Staff Report. Nonetheless, I submitted my second Appellant statement, Statement of Steven Salsberg, Appellant, February 22, 2022, along with other supporting documents. But the only documents that were posted as coming from me as the Appellant that were placed on the City Council’s Agenda webpage were some photos and everything else was treated as mere public comment. The photos that I submitted had no context. Thus, I was denied the opportunity to provide a Supplemental Statement that would be treated as having come from the Appellant and that would be reviewed in the Staff Report. (5) After the 2/22/2022 hearing was continued, David Martin agreed on 3/9/2022 to update the Staff Report relating to my Supplemental Appeal Statement but then later reneged and the City had continued to refuse to update its Staff Report despite my numerous pleas for such update of the Staff Report based on my Supplemental Appeal Statement. David Martin and other Staff unequivocally told me that the Staff Report would not be updated. Only after the Applicant substantially altered its plans at the last minute on 4/1/2022 and again on 4/26/2022 did Staff decide to update its Staff Report, but only based on the new plans that the Applicant generated. However, the City still continued to tell me that it would not update the Staff Report based on my Supplemental Statement, 6.A.v Packet Pg. 1148 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Procedural Issues 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – PROCEDURAL ISSUES May 9, 2022 Page 3 for which I have been diligently conducting substantial research and analysis for more than a year. However, the City Council Report that was posted to the Agenda on or about 5/5/2022, does update issues relating to my original Appellant Statement, dated 11/18/2020, by claiming that I never submitted any additional statement or facts as I had referred to in my 11/18/2020 Appellant Statement, despite the fact that I submitted such documents on 2/22/2022 and related facts and arguments in numerous emails to Staff. The City Council Report didn’t just fail to address such items and issues, the City Council Report actually claimed that no such follow up documentation or statements were made. For example, regarding the privacy concerns that I raised in my original Appeal Statement (11/18/2020), the City Council Report says that “[a]s of the writing of this staff report, no additional information has been received.” (See The City Council Report, at 16 – 17.) That is simply a bald-faced falsehood. This subject was addressed in my second Appellate Statement on 2/22/2022 and in a series of emails that I sent to the Planning Department. And, because David Martin and other Staff insisted that Staff would not update the Staff Report and because Jing Yeo had extended my time to submit additional materials, I had not yet submitted this statement and other supporting materials, despite the fact that that issue and most everything else had already been drafted. (6) For a year, there has been an outrageous pattern of the Planning Department refusing to cooperate and answer my questions and then suddenly springing a high-pressure deadline upon me and/or holding a sword of Damocles over my head by multiple times attempting to cram down an appeal date while refusing to answer my questions about the Zoning Code. For these reasons, additional reasons specified herein and expressed through emails and phone calls with the City, reasons expressed in my initial appeal statement, various actions and inactions taken by the City, and for reasons that might be buried in documents withheld by the City and yet undiscovered documents and events, I have been denied a fair process and my due process rights. And, I have not been treated fairly by the City, as compared to the Applicant in this matter. I made clear to the City on several occasions since before I filed this appeal that I intended to submit a supplement to my appeal statement (my “Supplemental Statement”) and that I needed to be informed as to what would be the deadline for my submitting my Supplemental Statement. And, the City gave me every indication several times over many months that it would inform me as to what would be the deadline for my submitting my Supplemental Statement. However, the City failed to provide me with any such deadline before the 2/22/2022 hearing date. The City improperly, therefore, published its Staff Report without my having submitted my Supplemental Statement. The process has not been fair. The City stonewalled and sandbagged me throughout the process, usually refusing to even respond to my numerous phone messages and emails, all the while attempting to cram down a hearing date upon me without answering my questions regarding 6.A.v Packet Pg. 1149 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Procedural Issues 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – PROCEDURAL ISSUES May 9, 2022 Page 4 fundamental zoning code questions that I have a right to have answered. David Martin told me last year that I had a right to have my Zoning Code questions answered and assured me that I would, indeed, have my questions answered. However, even my attempts to reach out to the Planning Director, David Martin, did not elicit responses from Jing Yeo, the Zoning Administrator, or from David Martin. The only way I was able to obtain responses from Jing since May 2021 (and later from David Martin) was for me to contact the City Manager, which I found necessary to do several times beginning in July 2021. Then when Jing did respond, she would not answer some of my most crucial questions and requests for clarifications and confirmation of things she had told me during our telephone conversations on 4/27/2021 and 10/19/2021. She did answer some of my questions but she refused to answer, clarify, and confirm the most important of my questions and issues that I addressed to her in my emails. Her “answers” were generally vague and opaque and also absolutely not on point. (See email strings on the City Council’s Agenda web page.) And, I told her that she was refusing to answer my questions. Jing then insisted that she was not refusing to answer my questions. I responded that she absolutely was refusing to answer my questions. After more than eight months of “pulling teeth,” on 2/1/2022, I even simplified two or three crucial questions into yes or no questions with requests for explanations. Her response after nine months of repeatedly asking her these questions on 2/8/2022 was that my questions were not relevant and therefore she would not answer them – obviously admitting finally that she was and had been indeed refusing to answer my questions all along. However, such questions were relevant, which is proven by how she answered similar questions on the phone in April and October of 2021 and then later on 3/22/2022. (See below.) As I responded to her in my 2/1/2022 email, she did “not [answer my] questions and I [found] it to be outrageously disturbing that [she had] chosen to characterize [her] “answers” as having “thoroughly answered” my questions. Her statement was clearly disingenuous, as is the Staff Report’s Staff Response 8B, to “Questions not answered” (see Third Appeal Statement of Steven Salsberg, Appellant – Substantive Issues). I told the City (Jing, Regina Szilak (“Gina”), David Martin, David White, and others) several times each in multiple emails over several months and on the phone that: I still am waiting for answers and clarifications to crucial questions that are prerequisites to additional questions that build on such issues. It is completely unrealistic and certainly unreasonable to hold the hearing or even set a date until: First I need answers and clarifications to my 7/26/2021 and 5/12/2021 emails; Second, I need to then formulate and ask the follow up questions that are now and have been pending; then Third, I’ll need Jing, the Zoning Administrator, to answer those additional follow up questions; then Fourth (assuming there would be no additional iterative rounds of questions), I would need time to prepare my supplement to my appeal; and then Fifth, Staff would need time to consider my supplement and then after that prepare the Staff Report, sufficiently in advance of the hearing. 6.A.v Packet Pg. 1150 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Procedural Issues 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – PROCEDURAL ISSUES May 9, 2022 Page 5 I made it clear to Jing and Gina, prior to my even filing the appeal and dozens of times since, that I needed my Supplemental Statement to be incorporated into the Staff Report and that I need to know what the deadline would be for submitting my Supplemental Statement. Such deadline, of course, could not be determined until a hearing date would be set. Eventually, after more than seven months of being stonewalled and sandbagged regarding getting my very relevant and crucial questions answered and having a hearing date crammed down without allowing me to get my questions answered – questions that I had been assured by David Martin that I have a right to have answered – I then emailed and left a voicemail for David White again on 2/2/2022. David White up until then had given me the clear impression that he would make sure that I would get my questions answered sufficiently in time for me to prepare my Supplemental Statement. (Every time after I emailed or spoke with David White, Jing would shortly thereafter email me regarding my questions, although much of it was vague, opaque, and off point.) Included in my 2/2/2022 email to David White, I said: “Please intervene and require that the hearing date be postponed and please require that (1) the Zoning Administrator properly answer, confirm, and clarify my questions and requests for confirmations and clarifications regarding the Zoning Code and the Applicant’s proposed project; and (2) require that the Planning Division not contemplate a hearing date until I have fully received the answers and clarifications that I have been requesting and expect to request.” David Martin called me that same day, February 2 – obviously in response to David White telling him to deal with me. I again told David Martin that I needed to get my questions answered before I could begin preparing my Supplemental Statement. David Martin again told me that he wanted to get my questions answered. When I hadn’t heard from Jing again, I emailed David White again on 2/6/2022 with similar requests as I had said in my 2/2/2022 email, and I left a voicemail for him on 2/7/2022. David White replied with an email on 2/8/2022, inviting me for a meeting with him and David Martin and to work with his assistant to schedule the hearing. David White’s assistant told me that the earliest a meeting could be scheduled was for 2/17/2022. Obviously, my purpose in accepting an invitation to such a meeting was to obtain a postponement and to set an agenda for getting my questions and requests for clarifications and confirmations answered, for which I had been requesting for more than 13 months (at that point) and for which I had been stonewalled for the past more than nine months (at that point). I had every reason to believe that a postponement was forthcoming. David Martin had assured me on 10/5/2021 on the phone that I had a right to have my questions answered. I had a legal opinion from an attorney who works in this area of the law and who has close ties with the City that I had a right to have my questions answered. All of my emails to Jing and to Gina at least since October had been copied to David White and to David Martin. Every time that I reached out to David White (and John Jalili before him) complaining that I wasn’t getting my questions answered, I would get a quick response 6.A.v Packet Pg. 1151 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Procedural Issues 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – PROCEDURAL ISSUES May 9, 2022 Page 6 from Jing, each time providing some response to my questions and requests for confirmations and clarifications, but inadequate, vague, opaque, unspecific, and off the point of my questions. I had every reason to believe that a postponement was forthcoming. When David White on 2/8/2022 invited me to meet with him and David Martin, he led me to believe that he would postpone the hearing when we were to meet on 2/17/2022, but he ultimately refused. If he wasn’t going to postpone the hearing, he should have told me when he invited me to the meeting or at least in the ensuing nine days that he would not postpone the hearing. David White also sandbagged me regarding the 2/22/2022 hearing. No one ever gave me, as had been promised many months before, a deadline for me to submit my Supplemental Statement. The Staff Report was completed at most only a day or two after I met with David White and David Martin when I finally learned that the City was definitely intending to go forth with the hearing on 2/22/2022, many weeks after informing the Applicant that that date had been set for the hearing. I was thus also denied the ability to provide my Supplemental Statement to the City in time for Staff to incorporate my Supplemental Statement into the Staff Report, despite Staff’s prior commitments to me. After the 2/22/2022 hearing was continued, I pressed on. After the hearing was continued, David Martin agreed to update the Staff Report but then later reneged and the City has continued to refuse to update its Staff Report despite my numerous pleas for such update of the Staff Report based on my Supplemental Appeal Statement. But David Martin, the Director of Planning, did agree to another phone call with him and Jing to resolve remaining questions, which occurred on 3/22/2022. While not all of my very important questions were resolved, certain crucial questions were resolved. Those were questions that Jing had stonewalled me on and refused to answer, despite my dozens of attempts during the past year to get answered. Jing earlier had even asserted that such questions were not relevant. Jing had also several times since July 2021 provided direct “answers” to such questions by saying that she had examined the plans and determined that the plans comply with the Zoning Ordinance. Such response was, of course, not at all answers to my questions. Finally, after an exhausting year of being stonewalled, during my 3/22/2022 call with David Martin and with Jing, I had enough of my questions answered so that I was thus able to explain how the Applicant’s plans failed to satisfy the Zoning Code. Essentially, Jing then admitted to me during that call that, indeed, the Applicant’s plans violated the Zoning Code. This was after more than a year of effort and ten months of being stonewalled. Essentially, after the Planning Department had failed to properly and adequately review the Applicant’s plans and apply the law to such plans, all the while stonewalling me and interfering with me and with my attempts to bring some justice to the process, which led to my performing the Planning Departments work and obligations. (This pattern of the Planning Department failing to adequately review the Applicant’s 6.A.v Packet Pg. 1152 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Procedural Issues 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – PROCEDURAL ISSUES May 9, 2022 Page 7 plans and failing to properly apply the law to such plans had been occurring for more than two years. There were other clear and material failings by the Planning Department regarding applying the Zoning Code to the Applicant’s plans that I began showing them since prior to the original Planning Commission hearing date during and prior to May 2020.) But the City was not done being unfair to me. The City allowed the Applicant to substantially alter its plans very shortly before the hearing date scheduled for 4/12/2022, causing me to be unprepared to adequately review, analyze, and address all of the changes in the updated plans and also have time to sufficiently prepare and provide my Supplemental Appeal Statement and adequately prepare for the 4/12/2022 hearing date, despite my numerous requests to postpone the hearing or to hold the Applicant to its original plans. Staff is and has been clearly unfairly biased in favor of the Applicant and against me (and my neighbors). On Friday afternoon of 4/1/2022 I became aware of the Plans with significant modifications. Most of the remaining portion of that day was lost with my scrambling to negotiate with David Martin, David White, and Staff to negotiate for more time and information. Prior to that date my deadline was Monday 4/4/2022 to submit this document but regarding 80 to 90% of that weekend I had prior commitments (scheduled more than a year ago) for which I could not cancel, beginning that Friday evening. Only after the Applicant substantially altered its plans at the last minute on 4/1/2022 did Staff agree to update its Staff Report, but it ultimately only updated to deal with the Applicant’s last minute change in the Plans. The City has not just incidentally provided an unfair process for me, but has orchestrated the process in an unfair manner. (See additional facts and discussion, in Third Appeal Statement of Steven Salsberg, Appellant – Substantive Issues, relating to my responses to Attachment E, #8A – D.) Due to the above very unfair circumstances, I have had to focus on this statement and organizing and submitting documents for the hearing at the last minute to protect the record and I have thus not had time to notify and remind most of my neighbors who would be interested in attending the hearing. Therefore, it is likely that the turn out in favor of this appeal and against the proposed project will be substantially diminished, as compared to if I had been treated fairly by the City. And, most or all of the Applicant’s supporters are either students (and parents of students) or employees or consultants who the Applicant has paid to attend the hearing and who do not even live in the neighborhood or in Santa Monica. Some of the few neighbors who I did speak to in passing who live within the notice radius have told me that they did not receive notice cards relating to this appeal. Furthermore, this project impacts neighbors beyond the notice radius due to noise, traffic congestion, and particularly parking. The Applicant impacts on-street parking for a distance of multiple blocks because the Applicant has only approximately 34 parking 6.A.v Packet Pg. 1153 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Procedural Issues 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – PROCEDURAL ISSUES May 9, 2022 Page 8 spaces for a faculty of 80 and the parents of 280 children, many of whom park their cars to drop off and/or pick up their children, and for numerous large events. The Staff Report, the City Council STOA, and the City Council Report are all confusing because they make references to exhibits and other documents that are not posted with these reports and on the Agenda and which are not readily available on the Agenda page. And, these reports make ambiguous references to different sets of exhibits using the same referenced name but are referring to different exhibits. As such, the item is defective and it is confusing. Staff also failed to post crucial pages of Plans that were sent to me but were not disclosed to the public at large. Staff members violated the City’s ordinances and its policies and procedures, including violating the City of Santa Monica Code of Ethics. For all of the above, and below, reasons the City should postpone the hearing and/or rule in favor of my appeal. The Planning Commission Hearing Process Amongst other things that I found to be very frustrating regarding the Planning Commission hearing process was that after the Staff, the Applicant, and the public presented and spoke, the Planning Commission then addressed some issues and concerns and began “solving problems” while simultaneously shutting out the public, particularly considering that utilizing virtual hearings in the manner that it did, the City was preventing the Planning Commissioners from even feeling the mood of the public in response to the Commissioners’ proposals. Some of these “solutions” had not yet been suggested in any public filings and the public had not had any notice that such “solutions” would be introduced. Planning Commissioners proposed but mostly imposed “solutions” some of which would cause more problems than they would solve. (See, for example, my discussion (Third Appeal Statement of Steven Salsberg, Appellant – Substantive Issues)) regarding landscape screening in my fourth bullet point, in the section named The City Council Report.)1 For one, I don’t think it was proper for the Planning Commission to have proposed and voted on alternative “solutions” to concerns in a manner that had not been first vetted by the public and that the public was not permitted to provide any input whatsoever. I ask that the City Council not act with expedience on issues that might seem minor but that are very crucial in the lives of Santa Monica residents. 1 References to the Staff Report, relate to the Staff Report, as published for the 2/22/2022 City Council hearing. 6.A.v Packet Pg. 1154 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Procedural Issues 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 1 (See the end of this document for Exhibits.) THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES To the Members of the Santa Monica City Council: PLEASE CONTINUE THIS HEARING TO A LATER DATE. THE APPLICANT MADE SUBSTANTIAL AND MATERIAL CHANGES TO ITS PLANS WHICH I RECEIVED LESS THAN ONE WEEK PRIOR TO MY INITIAL DEADLINE TO SUBMIT THIS DOCUMENT AND LESS THAN TWO WEEKS PRIOR TO THIS HEARING, WHICH THEY DID TWICE IN LESS THAN A MONTH. I THUS DID NOT HAVE SUFFICIENT TIME TO PREPARE THIS DOCUMENT OR TO PREPARE FOR THE HEARING OR TO CONSULT WITH EXPERTS. HOLDING THE HEARING ON 5/10/2022 WOULD FURTHER DENY ME A FAIR PROCESS. THE CITY UNFAIRLY COORDINATED WITH THE APPLICANT IN NUMEROUS OTHER WAYS, TO GAME THE PROCESS TO MY DISADVANTAGE AND TO DENY ME OF MY DUE PROCESS RIGHTS. (This document is incomplete and not adequately edited and trimmed down because the City refused to allow me to have a reasonable amount of time to review the materially modified Plans, twice in one month, and sandbagged me on the scheduling.) If any of the Applicant’s Employees Make Public Comments at the Hearing, That Time Should be Taken Away From the Applicant’s 10 Minutes of Presentation Time During the Hearing, Otherwise the Hearing Process Will Not Be Fair The Format of This Hearing is Denying Many of my Neighbors, Who Support My Appeal, From Attending and Providing Oral Comment Many of my neighbors and allies who ardently oppose the Applicant’s Project and who support my appeal have told me that they will not attend because of COVID fears. Many of them are mature and/or have other COVID related vulnerabilities. They are all long- term residents with deep roots in the neighborhood and in Santa Monica and they are all voters and many of them are very active politically. Please postpone this hearing and make arrangements so that they can participate in the hearing remotely. The Planning Commission Hearing Process Amongst other things that I found to be very frustrating regarding the Planning Commission hearing process was that after the Staff, the Applicant, and the public presented and spoke, the Planning Commission then addressed some issues and concerns and began “solving problems” while simultaneously shutting out the public, particularly considering that utilizing virtual hearings in the manner that it did, the City was 6.A.w Packet Pg. 1155 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 2 (See the end of this document for Exhibits.) preventing the Planning Commissioners from even feeling the mood of the public in response to the Commissioners’ proposals. Some of these “solutions” had not yet been suggested in any public filings and the public had not had any notice that such “solutions” would be introduced. Planning Commissioners proposed but mostly imposed “solutions” some of which would cause more problems than they would solve. (See, for example, my discussion (below) regarding landscape screening in my fourth bullet point, in the section named The City Council Report.)1 For one, I don’t think it was proper for the Planning Commission to have proposed and voted on alternative “solutions” to concerns in a manner that had not been first vetted by the public and that the public was not permitted to provide any input whatsoever. I ask that the City Council not act with expedience on issues that might seem minor but that are very crucial in the lives of Santa Monica residents. Housekeeping Issues I incorporate by reference the CEQA arguments and everything else in the letter from Frank Angel, dated 2/22/2022. I also incorporate by reference all communications, including emails, between anyone and the City regarding the Applicant’s proposal, including communications within the City, and including regarding my appeal. I. THE PROPOSED MULTIPURPOSE ROOM IS A CLASSROOM, AND THUS THE PROPOSED PROJECT IS NOT LEGAL BECAUSE NO ADDITIONAL PARKING IS PROPOSED The Proposed Multipurpose Room is a Classroom The Zoning Code requires additional parking to be added if the proposed project adds even a single classroom. (Please see Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard, at 5 –7 (section titled, The Applicant’s Cover-up and Rationalization of the Additional Classroom Space) (describing in more detail how the multipurpose room will serve as a classroom). The proposed multipurpose room, in Planning Commission Hearing (11/4/2020) Attachment J, says that it will be used for "Orchestra practices" and "Theatrical practice" and an "Indoor climbing wall for PE" and "CPR training for employees" and "Professional development for faculty." These are all instructional activities involving 1 References to the Staff Report, relate to the Staff Report, as published for the 2/22/2022 City Council hearing. 6.A.w Packet Pg. 1156 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 3 (See the end of this document for Exhibits.) instructors and students. (Regarding training for employees and professional development for faculty, such activities do involve instructing students, except that regarding these activities, the employees and faculty members are the "students.") As such, by definition, when any of these activities are taking place, the multipurpose room would be serving as a classroom. The Applicant has repeatedly said, dating back to its initial application in 2019, that it would be conducting such instructional classroom activities in the proposed multipurpose room. All three of those applications (one of them is actually an amended application), clearly state that the Applicant intends to use the Multi-purpose room for teaching classes. (See on the City Council Agenda web page [1] “19ENT-0250 (438 SVB – CUP),” [2] “20ENT-0066 438 San Vicente Blvd. Maj. mod,” and [3] “amended modification Pages from Discretionary Permit App 2020.03.26” (displaying two of the respective applications in full, only the first 5 pages of the amended modification application); see attached, at the end of this statement, the first three pages (four pages for the amended application) of all three of those respective application documents where I’ve marked on the 3rd page (4th page for the amended application) of each respective documents (on “Page 2” for all three respective documents) which says that the multi- purpose room “will be used only for School-related performances and other K-6 educational activities, which included music and performing arts classes.”) Obviously, the Applicant intends, and always intended, for teachers to be instructing students in the proposed Multipurpose Room. The Applicant admitted that its proposed “subterranean multi-purpose room” would be used for teaching classes and as classroom space when it said that the proposed expansion would be used for “performances and other K-6 educational activities, which include music and performing arts classes.” (See City of Santa Monica – City Planning Division, Discretionary Permit Application, for 438 San Vicente Blvd, for a Minor Modification (not dated or signed), attached sheets Project Description (“Minor Mod Project Description”), at 2, which is partially attached to this document.) It made such admission three times in three separate applications over the period of almost a year, relating to this proposed project. (Please see Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard, at 5 –7 (section titled, The Applicant’s Cover-up and Rationalization of the Additional Classroom Space) (describing in more detail how the multipurpose room will serve as a classroom). In May 2020, I pointed out to Jing Yeo, Planning Manager at the Santa Monica Planning Department, that the Applicant specified in its applications that it intended to use the multipurpose room for “performances and other K-6 educational activities, which include music and performing arts classes,” and therefore the Applicant’s proposed project violates the Zoning Code because the Applicant does not propose adding any classrooms. Jing Yeo told me that she immediately notified the Applicant about my assertions. The Applicant and the Planning Department evidently collaborated to develop a scheme to avoid the zoning code requirement that the Applicant is required to add parking spaces 6.A.w Packet Pg. 1157 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 4 (See the end of this document for Exhibits.) because it is proposing to add classroom space. The Applicant is required to add parking if it adds even a single classroom, which this proposal does. Within approximately a week after I pointed out to Jing Yeo that the Applicant intended to use the proposed multipurpose room as a classroom, the Applicant produced a statement denying that it intended to use the multipurpose room as a classroom, despite having already admitted multiple times that it intended to use the multipurpose room as a classroom. That statement evolved into Attachment J, which the Applicant ultimately presented to the Planning Commission for the 11/4/2020 Planning Commission hearing. Attachment J absurdly asserts that the multipurpose room will not be used as a classroom, despite mentioning several activities in which it is clearly obvious that students will be given educational instruction. And, the Planning Department disgracefully accepts such obviously false assertion. The Planning Department added Condition 17 to purportedly prevent the multipurpose room from being used as a classroom. However, Condition 17 is self-contradictory because it says that the “multi-purpose room shall be used in the manner described in Attachment J of the staff report and shall not be used as a classroom,” except that Attachment J contains multiple uses that are clearly classroom activities, and thus Condition 17 is self-contradictory. And, Condition 17 is unenforceable. The proposed Multi-purpose room is subterranean and any teaching activity would be undetectable and the City continues to refuse to enforce ongoing violations of existing CUP Conditions and SMMC violations at the school. (For many years I have filed multiple complaints against the Applicant but Code Enforcement and the police have never done anything. All the more so, the City would not likely enforce Condition 17, because any violations would not be visible to the naked eye.) Thus, allowing the Applicant to build the multipurpose room will add classroom space without requiring the requisite increase in parking spaces that the Applicant already lacks compared to the amount of parking that it needs. (See section, below, Parking Issues, describing how the Applicant is already deficient in the amount of parking that it needs and how the Applicant deceived the City and the neighborhood regarding its need for parking when it expanded approximately 25 years ago.) The Planning Department has bent over backwards to allow the Applicant to defy the Zoning Code with its absurd embrace of Attachment J and creation of the self-contradictory Condition 17 that is unenforceable even if the City’s enforcement agencies had the will to enforce it. Because the Multipurpose Room is a Classroom, Additional Parking Spaces Are Required Because the multipurpose room is a classroom, the Applicant must add parking spaces. Because the proposed project does not call for adding parking spaces, the proposed 6.A.w Packet Pg. 1158 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 5 (See the end of this document for Exhibits.) project does not satisfy the Zoning Code and the Appeal must be accepted and the proposed project must be denied by the City Council. II. THE APPLICANT’S and STAFF’S PARCEL COVERAGE CALCULATIONS of the PROPOSED PROJECT ARE INCORRECT and EXCEED the ALLOWABLE LIMIT UNDER the CODE, INCLUDINNG WITH THE MINOR MODIFICATION THAT the APPLICANT REQUESTS The first part of this section refers to a 9-page set of Plan pages that were put forth by the Applicant in 2020 – 2021, but was very recently altered to become rather misleading and confusing. Both sets of documents are incorrect for both similar and the same reasons, but the 2021 set is much easier to explain because (1) the 2021 version displays the three Levels of the existing building in the north and east wings with clear color coding Dark Green for the Lower Level, Dark Blue and Medium Blue for the Main Level, and Dark Pink for the Upper Level, whereas, (2) the Current May 2022 version re-labels the Levels and incorrectly mixes up the Levels onto separate Floors. Essentially, both versions incorrectly pretends that two people of the same height could be standing next to each other on the same level looking squarely into each other’s eyes, but be on different floors. Parcel Coverage Calculations Crucial to determining Parcel Coverage is the determination as to whether, and to what extent, the building might have a Basement because the Zoning Code excludes Basements from being included in the Parcel Coverage calculation and because if there is a Basement in the building, that would determine which area of the building is a First Floor (or Story), a Second Floor, or a non-conforming existing Third Floor or an illegal Third Floor proposed addition. On the City Council’s online Agenda page for 5/10/2022, under my appeal item for the Carlthorp School’s excessive expansion proposal, is Item number “p.” which is named Carlthorp School PARCEL COVERAGE AND FLOOR DIAGRAMS 5.10.22 (“Parcel Coverage – May 2022” or “PC 5-2022”), which is a 9-page set of Plan pages. Parcel Coverage – May 2022 is incorrect, misleading, and confusing. The Applicant’s building has essentially three wings in the shape of a horseshoe with squared-off edges, comprising of north, east and south wings. The north and east wings (including the southeast corner of the building) have essentially three levels: the Lower Level, the Main Level, and the Upper Level. These three levels are displayed much more clearly in an earlier version of the 9-page Parcel Coverage and Floor Diagrams, which is attached to this Supplemental Statement (the “Parcel Coverage 2021” or “PC2021”). Pages 6, 7, and 8 of PC2021, which are Plan Pages A120-C, A121-C, and A122-C, respectively displays the Lower Level in Dark Green, the Main Level in both Dark Blue and Medium Blue, and the Upper Level in Dark Pink. The PC 5-2022 version also on the 6th, 7th, and 8th, pages, also display Plan Pages A120-C, A121-C, and A122-C, 6.A.w Packet Pg. 1159 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 6 (See the end of this document for Exhibits.) respectively. The PC 5-2022 version mixes up the separate levels, on those same corresponding pages, to distinguish between floors (or stories), according to an extremely flawed interpretation of the Zoning Code that defies geometric logic and fundamental rules of geometry, math, and physics and the English language. This flawed interpretation of the Zoning Code also deviates from a clear set of rules, as specified in the Zoning Code, and provides opportunities for the Planning Department to create discretion in determining building size, when no such discretion is actually warranted or necessary. A year ago, I explained to the Zoning Administrator Jing Yeo the flaws in such interpretation. Jing admitted to me that I was correct more than once over the past year on the phone, although she was generally vague, ambiguous, and evasive regarding the issue in emails. Essentially, both versions of the Plans, PC 5-2022 and PC2021, incorrectly pretend that two people of the same height could be standing next to each other on the same level looking squarely into each other’s eyes, but be on different floors. The Applicant’s Building’s Lower Level is Not a Basement, it is the First Story In response to my questions, on 4/27/2021, on 10/19/2021, and on 3/22/2022 on the phone, Jing, the Zoning Administrator, unequivocally told me that everything in Dark Green on Plan page A120-C is all on the same level for any and all purposes and applications and interpretations of the zoning code, including for the definition of a basement. (See PC2021.) On those calls Jing also unequivocally told me that all of the Dark Blue and the Medium Blue areas on Plan page A121-C are all on one level for all purposes, applications, and interpretations of the zoning code, including for the definition of a basement. (See id.) On those calls Jing also unequivocally told me that all of the Dark Pink area on Plan page A122-C is all on one level for all purposes, applications, and interpretations of the zoning code, including for the definition of a basement. (See id.) As noted, above, the Applicant’s plans, calculations, and the proposal assumes that, what the Applicant referred to as the “Lower Level” as a “basement,” (see id), however, in fact the existing building does not have a “basement” as defined under the SMMC. Basement, is defined by the SMMC as: 9.52.020.0230 Basement. The level(s) of a structure located below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade, in which no portion of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade projects more than 3 feet above Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade. Up to 4 wall surfaces of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade may be exposed above Finished Grade, so long as this exposure does not exceed 40% of each of these wall surface areas. Each wall surface area is calculated by multiplying the height 6.A.w Packet Pg. 1160 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 7 (See the end of this document for Exhibits.) by the length of the wall. In addition, the visible wall surface height of these walls shall not exceed 3 feet above Finished Grade, except for an entrance to a garage, which must be designed to the minimum feasible width and not exceed the maximum size requirements set forth in Chapter 9.28, or for any light well or emergency egress as required by the Building Code. A basement shall not be considered a story. (SMMC 9.52.020.0230.) Despite Jing being the Zoning Administrator, her understanding of the definition of a Basement defied geometric logic and fundamental rules of geometry, math, and physics. (She was stuck on the notion that a “level” of a structure was based on a single point in such structure and that there were infinite numbers of “levels” related to the corresponding infinite points in a structure. Such notion defies geometric logic and fundamental rules of geometry, math, and physics, and English, because a level cannot exist in a single point, or stated another way, in zero dimensional space.) On the phone on 4/14/2021, I explained to her that it is impossible to reconcile the language of the definition of a basement in the Zoning Code with her understanding. When we spoke again on 4/27/2021, she admitted to me that I was correct. As described above and below, she admitted to me again on the phone on 10/19/2021and on 3/22/2022 that the entire Dark Green area on Plan Page A120-C, (see PC2021), were all on one “level” for all interpretations of the code and for purposes of applying the Zoning Code to the Proposed Plans. However, Jing reneged on her accepting what I propound as the logical and clear meaning of SMMC 9.52.020.0230. Essentially, the Zoning Administrator’s interpretation and application of SMMC Section 9.52.020.0230 (defining Basement) pretends that two people of the same height could be standing next to each other on the same level looking squarely into each other’s eyes, but be on different floors. To comprehend why Jing’s interpretation is nonsensical and incorrect, it is useful to analyze the first sentence of SMMC 9.52.020.0230. Analyzing the First Criterion in the Definition of a Basement The first sentence of Section 9.52.020.0230 says: “The level(s) of a structure located below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade, in which no portion of the level directly below Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade projects more than 3 feet above Average Natural Grade, Segmented Average Natural Grade, or Theoretical Grade.” The Applicant utilizes Average Natural Grade (“ANG”) in all of its plans and in its proposed project, which means that the Applicant can only use ANG and not switch back and forth between ANG and Segmented ANG and Theoretical Grade. In other words, only ANG can be applied in analyzing the Applicant’s proposed project. According to the City’s Zoning Administrator (before she reneged on her unequivocal statements) and 6.A.w Packet Pg. 1161 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 8 (See the end of this document for Exhibits.) the plain text of the ordinance, if any portion of the Lower Level projects more than 3 feet above ANG, then the entire Lower Level is not a basement, and would therefore be the First Story. However, Jing is now back to being stuck on the notion that a “level” of a structure – despite the plain language of Section 9.52.020.0230 saying that a basement is “[t]he level(s) of a structure located below [ANG where] no portion of the level directly below [ANG] projects more than 3 feet above ANG” – is based on a single point in such structure and that there were infinite numbers of “levels” related to the corresponding infinite points in a structure. (Emphasis added.) Such notion defies the plain language of Section 9.52.020.0230 (defining Basement) and defies geometric logic and fundamental rules of geometry, math, and physics and English because a level cannot exist in a single point, or stated another way, in zero dimensional space. And whether the Planning Department has discretion or has used such a warped interpretation of the Zoning Code in the past, it does not have the discretion to deviate so far from logic and the plain and explicit language of the ordinance. As can be seen on Plan page A300-B/C, (see either or both PC 5-2022 and PC2021), ANG is at 104 and ½ feet (104’-6”), and 3 feet above ANG is at 107 and ½ feet (107’-6”) (104.5’ + 3’ = 107.5’). ANG on Plan page A300B/C is also depicted as a horizontal broken red line. As can be seen on Plan page A300B/C, the Lower Level projects above ANG. Plan page A120-C, (see PC2021), shows the floor of the Lower Level at 97 and ¼ feet (97’3”), which is 7 feet below ANG. The Lower Level projects all the way to the surface of the floor above it. (SMMC 9.52.020.2320 defines Story as: “That portion of a building included between the upper surface of any floor and the upper surface of the floor next above. . . .”) Looking at Plan pages A120-C and A121-C, (see PC2021), it is clearly evident that the Lower Level projects 4 and ¼ feet (or 4’ 3”) above ANG. (See the Dark Blue portion of the Main Level on Plan page A121-C, which displays the floor of the Main Level and upper range of the Lower Level as being 1 and ¼ feet (1’ – 3”) above the Light Blue portion of the Main Level, which has a floor level of 107 and ½ feet (107’ – 6”), which is already 3 feet above ANG (107.5’ + 1.25’ = 108.75’; also, 108.75’ – 104.5’ = 4.25’). (See PC2021.) Thus, the Kitchen, the Board Room, the Reception Front Office, both of Classroom – 1st Grade and a lot of other space on the Main Level, have their floor at more than 3 feet above ANG and thus, the Lower Level space below it all projects 4 and ¼ feet above ANG, which is more than 3 feet above ANG. Because the Zoning Code’s definition of a basement says that “no portion of the level directly below” ANG may project “more than 3 feet above” ANG, the entire Lower Level is not a basement and is thus the First Story. (SMMC Section 9.52.020.0230, emphasis added.) Jing confirmed this to me on the phone in April 2021. The Applicant’s plans that were used in their expansion approximately 25 years ago also display the same result. Those plans, Plan page A-5.2.1 (dated May 02, 1997) depicts large portions of the Applicant’s Lower Level as projecting all the way to 108.75’ (108 and ¾ feet), which is 4.25 feet above ANG (108.75’ – 104.5’ = 4.25’). (See also Plan 6.A.w Packet Pg. 1162 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 9 (See the end of this document for Exhibits.) page A-6.2 (dated May 02, 1997.) (I requested that the plans from approximately 25 years ago, depicting the existing building, be included in the exhibits, however, the Planning Department refused my request.) Nothing about the above analysis has changed from the 2021 version of the Plans to the Current May 2022 version. Since, as the SMMC Section 9.52.020.0230 (defining “Basement”) says, “[t]he level(s) of a structure located below [ANG], in which no portion of the level directly below [ANG] projects more than 3 feet above [ANG],” but because some “portion” (actually a large portion) of the Lower Level “projects more than 3 feet above [ANG]” the entire Lower Level is not a Basement and therefore is the First Floor (or First Story). After more than a year of effort regarding the definition of a Basement, and nine months of being stonewalled by Jing, which eventually led to my 3/22/2022 call with David Martin and with Jing when I explained how the Applicant’s plans failed to satisfy the Zoning Code, Jing admitted to me during that call that, indeed, the Applicant’s plans violated the Zoning Code. Jing then told the Applicant that the Plans that were to go before the City Council did not meet the Zoning Code, as I had explained to Jing. The Applicant then submitted modified plans, which I received on 4/1/2022, only a few days before this document was due and putting me under enormous pressure. After the Planning Department approved those new plans, having purportedly reviewed them, the following week during conference calls with David Martin and Gina, I explained how those modified plans were also illegal. The City postponed the 4/12/2022 hearing date and eventually scheduled the hearing for 5/10/2022, despite misleading me into thinking that the hearing would not occur until at least July 2022. The Applicant again submitted substantially modified Plans to the City, which I received a few days before the end of April 2022. The new modified Plans that exist today still fail to properly follow the Zoning Code. The new modified Plans still denies the existence of actual “Levels” in applying the definition of a Basement, even though the term and concept of a “Level” is fundamental to the definition of a Basement. (See SMMC Section 9.52.020.0230.) As a result of the Zoning Administrator’s illogical interpretation of the definition of a Basement, the Parcel Coverage calculations were, and still are, incorrect. The Effect of the City Misinterpreting and Misapplying the Definition of a Basement The Parcel Coverage Calculations, as performed on Plan pages A121-B and A122-B, both in the Parcel Coverage – May 2022 (PC 5-2022) and the Parcel Coverage 2021 versions (PC2021), are and were inaccurate and substantially understate the actual parcel coverage of the proposed project. Such calculations have several errors. One such error 6.A.w Packet Pg. 1163 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 10 (See the end of this document for Exhibits.) is that it treats the “Main Level” as depicted on Plan page A121-C, (see PC2021), as the First Floor and the “Upper Level” as the Second Floor. (See Plan pgs. A121-B, and A122-B, both PC 5-2022 and PC202, for the Parcel Coverage totals.) The “Lower Level,” as depicted in Plan page A120-C, is actually the First Floor – or First Story – and the “Main Level,” as also depicted in Plan page A121-C, is the Second Story. (See PC2021.) The “Upper Level,” as depicted in Plan page A122-C, is actually a non- conforming Third Story. (See id.) The “Lower Level” does not meet the definition of a basement, as defined by the SMMC. (See SMMC 9.52.020.0230.) The First Floor Parcel Coverage Calculation is incorrect and inaccurately excludes, for example, the Storage room in the southeast corner of the building, as depicted on Plan page A120-B, (both in the PC 5-2022 and PC2021 versions). The Second Floor Parcel Coverage Calculation is also incorrect and inaccurately excludes, for example, the Classroom in the southeast corner of the building and much of the blue-shaded area, as depicted on Plan page A121- B. (See PC2021.) The Parcel Coverage – May 2022 diagrams are still based on the Zoning Administrator’s warped interpretation of the definition of a Basement. These diagrams staggers portions of the building onto what appears to be different levels on Plan Pages A120-C, A121-C, and A122-C, excluding certain portions of the Lower Level from being counted in the First Floor Parcel Coverage calculation and excluding certain portions of the Main Level from being counted in the Second Floor Parcel Coverage calculation. Thus, the Applicant has understated the Parcel Coverage results and the proposed project is illegal. The correct approach to determining Parcel Coverage is to treat the entire Lower Level (as shown in PC2021) as the First Floor because, according to the correct and plain reading of SMMC Section 9.52.020.0230 (defining Basement), none of that Lower Level is a Basement because some “portion of [that level] projects more than 3 feet above” ANG. Prohibited Third Story Addition Furthermore, the Applicant proposes adding to its nonconforming Third Story, which is strictly prohibited under the Zoning Code. The Zoning Code only permits two story structures in the Applicant’s zone. (See SMMC 9.08.030 (Development Standards) (limiting number of stories in the R2 District to 2 stories).) For example, the Applicant unlawfully proposes elevator(s) that are on the Third Story. Analyzing the Fourth Criterion in the Definition of a Basement The Lower Level, which the Applicant claims is a basement rather than the First Story, is not a basement also because walls of the Lower Level have visible wall surfaces that exceed 3 feet above Finished Grade. The fourth sentence of SMMC Section 9.52.020.0230, defining “Basement,” says: 6.A.w Packet Pg. 1164 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 11 (See the end of this document for Exhibits.) “In addition, the visible wall surface height of these walls shall not exceed 3 feet above Finished Grade, except for an entrance to a garage, which must be designed to the minimum feasible width and not exceed the maximum size requirements set forth in Chapter 9.28, or for any light well or emergency egress as required by the Building Code.” This means that if even one visible wall surface height of a level exceeds 3 feet above Finished Grade, then the entire level is not a basement. Several of the Applicant’s Lower Level walls have visible wall surfaces that exceed 3 feet above Finished Grade. Plan page A120-C, depicts the Lower Level. Three of the walls of the Storage room in the southeast corner of the building all have visible wall surfaces that exceed 3 feet above Finished Grade. (See photos.) The westerly, southerly, and easterly walls of the Storage room all have visible wall surfaces that exceed 3 feet above Finished Grade. (See photos.) The wall containing the entrance to the Lower Level, which abuts the Break Out Room and the hallway adjacent to the Break Out Room on the Lower Level also appears to have a visible wall surface that exceed 3 feet above Finished Grade. (See photos.) Even without the photos, it is obvious that the Storage room in the southeast corner of the building has a visible wall surface height that exceeds 3 feet above Finished Grade. Plan page A300-B/C, on the top portion of the page, “E/W Section Through Elevated Court Level Diagram shows 3 feet of the Storage room on the Lower Level above Finished Grade. That wall of the Storage room that abuts the Existing Parking, as depicted on Plan page A300-B/C, together the portion of the wall above ANG and the portion below ANG that is above the surface of the Existing Parking is a visible wall surface that exceed 3 feet above Finished Grade. (The wall of the Storage room, referred to here, is on the western side of the Storage room, even though it is depicted on the right side of the Storage room. That is because the diagram at the top of Plan page A300-B/C is viewed from the North.) What Plan page A300-B/C doesn’t show is that the walls of the Storage room on the South and on the East of the room also have visible wall surfaces that exceed 3 feet above Finished Grade. This diagram doesn’t show that the Finished Grade on the South side of the building where the Storage room is located is almost exactly the same as the Finished Grade where the surface of the Existing Parking lot abuts the Storage room. (See photos.) The Lower Level is clearly not a basement. A similar perspective can also somewhat be seen in the Carlthorp School Plans from approximately 25 years ago, page P-3, dated October 22, 1997, and approved under a previous zoning code, 11/12/1997. The Lower Level also violates other aspects of the definition of a basement. (SMMC 9.52.020.0230.) No Basement, Three Stories, Incorrect Parcel Coverage Calculations, Minor Modification Application is Insufficient to Build Proposed Project, and Prohibited Third Story Additions 6.A.w Packet Pg. 1165 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 12 (See the end of this document for Exhibits.) Therefore, the Lower Level is not a basement as the Applicant asserts. (Perhaps the City’s Planning Department failed to actually inspect the property and instead relied only on the plans in determining that the Applicant’s proposed project satisfied the zoning code.) Instead, the Lower Level is the First Story, the Main Level is the Second Story, and the Upper Level is the Third Story. All parcel coverage calculations are based on the wrong information and are incorrect and thus the public disclosures are all incorrect and the public has not been adequately notified and the City has not adequately reviewed the project. The actual parcel coverage exceeds the amounts being asked for in the Applicant’s application. Additions to the Third Story are being proposed, which are strictly prohibited by the Zoning Code. Staff should not have recommended that the proposed project be approved and the City Council should confirm my appeal and deny the Applicant from being granted approval. The Area on the Main Level that is Designated as Porch in the North Wing and Immediately South of the Stair Landing That is Located Next to the 6th Grade Classroom Was Incorrectly Excluded from the Parcel Coverage Calculation, Even Applying the Zoning Administrator’s Illogical Interpretation of Basement, in SMMC Section 9.52.020.0230 The Area on the Main Level that is designated as part of the Porch in the North Wing and immediately south of the stair landing, and the stair landing, that is located next to the 6th Grade Classroom is part of an area that is above a portion of the Lower Level that projects more than three feet above ANG. Therefore, this area is not on the First Floor but is on the Second Floor, even applying the Zoning Administrator’s illogical interpretation of the Zoning Code definition of a Basement. (See SMMC Section 9.52.020.0230.) Plan Page A121-C, in the PC2021 set of Plans, shows that that area has a floor that is 1.25 feet higher than the rest of the Porch. Such area has a floor that is at 108.75 feet, which is 4.25 feet higher than ANG, indicating that the Lower Level in that area is not a Basement. (See SMMC Section 9.52.020.0230.) This fact can also be seen in the Applicant’s plans that were used in their expansion approximately 25 years ago, which also display the same result. Those plans, Plan page A-5.2.1 (dated May 02, 1997) depicts the stair landing on top at the higher level, indicating that the floor area beneath in the Lower Level as projecting all the way to 108.75’ (108 and ¾ feet), which is 4.25 feet above ANG (108.75’ – 104.5’ = 4.25’). (As mentioned above, I requested that the plans from approximately 25 years ago, depicting the existing building, be included in the exhibits, however, the Planning Department refused my request.) In fact, this set of Plans show an area larger than the stair landing as being on the Second Floor (even applying the Zoning Administrator’s illogical interpretation of the Zoning Code definition of a Basement). Referring now to the PC 5-2022 set of Plans, that stair landing area and the area immediately south, is incorrectly excluded from being counted as part of the Second Floor, (see PC 5-2022, at A121-C), and the area immediately beneath those two areas is not Basement space but is part of the First Floor, (see PC 5-2022, at A120-C), even 6.A.w Packet Pg. 1166 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 13 (See the end of this document for Exhibits.) applying the Zoning Administrator’s illogical interpretation of the Zoning Code definition of a Basement. And, the area immediately beneath the area that is immediately south of that stair landing should have been included in the First Floor Parcel Coverage calculation, but it was not. (See PC 5-2022, at A121-B.) Thus, the First Floor Parcel Coverage calculation is incorrectly understated. These Plans are thus not legal, even applying the Zoning Administrator’s illogical interpretation of the Zoning Code’s definition of a Basement. (See SMMC Section 9.52.020.0230.) Verification of the Parcel Coverage Calculations A few times over the past two years, I requested to receive plans that more accurately and completely portrayed the dimensions of the existing building and of the proposed building. None of the Plans that I received were complete regarding the dimensions of the building or of the proposed building. More recently, I told the Planning Department a few times that I wanted it to verify the Parcel Coverage calculations. And, recently and also not so recently, I told the Planning Department that I also wanted to verify the Parcel Coverage calculations. Definitely not until the afternoon of 5/9/2022 – the day before the hearing – did I receive a copy of the Plans that might have sufficient information to verify the Parcel Coverage calculations. I did not receive such plans sufficiently in advance to conduct that verification and I received such plans so late that I do not have sufficient time to confirm whether such Plans have the requisite dimensional information to conduct a verification of the Parcel Coverage calculations. The Planning Department has told me that it never verified the Parcel Coverage calculations. Considering that the Applicant has submitted many sets of Plans contending that such Plans are legal, that turned out were not to be legal and were filled with mistakes relating to excessive Parcel Coverage, the Planning Department should have agreed to my requests to verify the Parcel Coverage calculations, but they refused. Furthermore, I object to the City Council accepting such unverified Plans and granting any entitlements on such unverified Plans. At least I should be given an opportunity to verify such Plans. This is another example of me being sandbagged. III. NEIGHBORHOOD ISSUES Parking Issues From the STOA Conditions that was passed by the Planning Commission in 11/4/2020: Condition # 6 calls for special planning only for events that are expected to exceed 150 vehicles. That is an absurdly high number for this neighborhood. The School only has approximately 34 parking spaces for its 80 employees. The Condition is all but impossible to enforce. First, the Condition doesn’t clarify if the expected number of vehicles includes employee vehicles or only additional vehicles. Second, the school can always say that it “expected” 6.A.w Packet Pg. 1167 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 14 (See the end of this document for Exhibits.) fewer vehicles. There is no advance mechanism to assure the neighborhood that reasonable precautions will be made and followed. When the Applicant expanded 25 years ago, it obtained its variance on parking, based on statements and information provided to the City, including that it intended to expand its total faculty from 22 people (15 full time and 7 part time) to 32 people (15 full time and 7 part time), which was a comparable percentage increase to their planned enrollment expansion of slightly less than 50% at that time. (See Letter from Arthur L. Kassan, Consulting Traffic Engineer, to Ronald K. Fuchiwaki, City Parking & Traffic Engineer, dated 6/13/1995, at 1.) The Applicant in 1996 received a variance to allow for their parking configuration, which would have been sufficient to support their “planned” staff of 32 people. However, the Applicant’s staff swelled to 80 people after receiving their CUP and variance in 1996. When the Applicant received its variance and its CUP in 1996, it deceived the Planning Commission and the City. When the parking analysis was conducted, the City relied on the Applicant telling the City that it was only expanding to 32 people (including part time employees), rather than expanding the staff to 80 people. By no means does the Applicant have sufficient parking spaces available to accommodate its needs, and thus heavily burdens its neighbors, in the surrounding blocks and further. The Applicant violated its commitments to the City regarding faculty size and should not be permitted to expand further. In fact, the Applicant should be required to reduce its faculty to the level that it committed to the City and its neighbors 25 years ago at approximately 32 people. The granting of any expansion should require such a condition. The Applicant now says, again, that it won't increase its faculty size. Nonsense. Empirically, the Applicant has demonstrated that it couldn't be trusted to keep its word then; it should not be trusted to keep its word now. And, this expansion is substantial and will likely result in a much larger operation requiring more staff. The school’s deficient parking causes faculty and visitors to the school to park in the surrounding neighborhood, taking away space from local residents. The Applicant has argued in the past, as it did to the Planning Commission, that it somewhat mitigates these parking concerns because it is friendly with a neighboring landlord who leases residents to some of its faculty. Such argument should be completely disregarded because the Applicant does not have an entitlement to use such parking spaces and it is completely possible that in the future, no such relationship will exist. Noise Concerns I cannot overstate how much of a burden that the noise that the Applicant generates is upon its neighbors. The noise study that the Applicant presented is misleading. The noise pollution that the Applicant generates disrupts the peace and quiet in the neighborhood in a major way. 6.A.w Packet Pg. 1168 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 15 (See the end of this document for Exhibits.) Some of the noise concerns are: Children screaming, whistles, P.A. systems and loud speakers, loud noises from vehicles and people congregating in the large open parking lot off the alley (Georgina Place), organized cheering and screaming, outdoor amplified music and rallies. The school also uses “Walkie-Talkies” and whistles, which are particularly grating upon the nerves. Sometimes the Applicant invites musical and other groups that bring in their own amplification system. The Applicant should be prohibited from doing any of these. The Applicant should also be prohibited from bringing in temporary speakers and amplification, such as for an event. The Condition 9 language should be modified to include prohibition of speakers anytime, not to exceed 3 minutes during morning assembly and not at any other time, except for emergencies. Even use of amplified speakers during morning assembly is unnecessary and invasive to the community and should be prohibited. The noise study that the Applicant submitted cited incorrect decibel limits from the SMMC that were higher than the code actually indicates. The noise study and its analysis and conclusions are flawed and should therefore be disregarded. Regarding any activities involving music, events (including sports), amplification, percussion, etc, the neighbors should be notified in advance. The neighbors should be notified in advance regarding all outdoor activities so that the neighbors can plan their schedules. Few things are more disruptive as to working, on a conference call – particularly in this era of work-from-home – concentrating, hosting guests, or sleeping when suddenly loud noise disrupts such activity. Particularly on warm and hot days it is necessary to have the windows open. The Applicant should be obligated to set a schedule of specified outdoor activities with described clear and comprehensive details that the neighbors are aware of well in advance. (See also, discussion relating to Attachment E, #6A – D.) Privacy The Applicant’s plans indicate that an open staircase will be built on the western side of the south-side building wing. Either the staircase should not be permitted at all on the west side of the play court or it should be fully enclosed without any windows, except possibly opaque skylights. An open staircase would be a source of loud noise from racing children pounding up and down the stairs and loud yelling, screaming, and talking at random times only approximately 15 feet from neighboring residences. Also, the frequent presence of children and adults upon the staircase would be extremely invasive of the privacy of the residents in the adjacent building to the west. Nothing would prevent people upon the stairwell from stopping and gazing into the windows of the adjacent building, substantially devastating the privacy, comfort, and peace of mind of residents in the adjacent building. The staircase should not be permitted. But if it is, the 6.A.w Packet Pg. 1169 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 16 (See the end of this document for Exhibits.) staircase on the western side of the south-side building wing should be prohibited from being used except for emergency exit purposes. To address the privacy concerns regarding this outdoor staircase, the City imposed a requirement that a landscape screen be used on the staircase. However, the landscape screen does not solve privacy concerns; it aggravates privacy concerns. That “solution” is outrageously horrible for residents in the adjacent residential building across from that area of the school and would fail to protect the privacy of such residents. It would only serve to protect the privacy of the school but would do the opposite for those residents. Landscape screens are opaque from a distance but are semi-transparent when someone is up close. Such screens tend to have openings and develop tears (both minor and major) that are completely transparent, and they tend to degrade over time, thus reducing their opacity. Therefore, anyone at the school going up and down the stairwell or anywhere close to the screen could peer and stare into the opposing windows on the east side of the adjacent residential building. And, people inside those residences would not even be able to detect that someone is peeping into their windows, thus creating the constant concern and anxiety that someone (or even a hidden fixed or handheld camera) could be watching at any time. Such “solution” is an invasive disruption to the privacy of the people in the adjacent building. The solution is very simple: Don’t allow the rooftop play court to be built. Short of that, don’t allow the stairwell on the western perimeter to be built. Short of that, require the stairwell to be fully enclosed with walls, or at least a wall on the outside side of the stairwell that is at least 7 feet high. Windows should not be permitted on the west side of the playfield facing towards the building to the west. Such windows would be highly invasive of residents’ privacy. Traffic Traffic caused from employees and also parents dropping off and picking up children is excessive. Twice a day a line of cars circle the block, double-parked and blocking traffic, creating excessive traffic for vehicles and substantial hazard for vehicles, pedestrians, and animals. Faculty, parents, and children commonly trespass neighboring properties on their way to and from school. Sunshine, Sunlight, and Heat Building the rooftop play court would block sunlight and direct sun from my windows, and reduce sunlight that enters my home. The rooftop play court should not be allowed. I rely on the sun entering my windows facing the Applicant to grow, ripen, and mature most of the food that I eat. I have a right to that sunshine and sunlight and I need it for my food. The sun in the morning helps to jumpstart the warming of my home, particularly in the late winter, springtime, and the early fall. The sun in the morning also helps to jumpstart me, to ward off Seasonal Affective Disorder, from which I struggle 6.A.w Packet Pg. 1170 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 17 (See the end of this document for Exhibits.) with. The Applicant should not be permitted to build the rooftop play court, or at least not within approximately 40 feet of the western side of the existing building. Appellant’s Response to Staff’s Attachment E, “Detailed Response to Appeal Statement” (This section was prepared in anticipation of the 2/22/2022 hearing date, based on the Staff Report as it stood at that time, and has primarily not been updated.) Staff’s Attachment E, “Detailed Response to Appeal Statement” (“Attachment E”), is littered with misleading statements and ignores the actual facts and the law. Topic 1A) Upper level exceeds parcel coverage: Staff has ignored the fact that the parcel coverage calculations were conducted incorrectly. (See, above, The Applicant’s and Staff’s Parcel Coverage Calculations of the Proposed Project are Incorrect and Exceed the Allowable Limit Under the Code, Including With the Minor Modification that the Applicant Requests.) Topic 2A) Operating detrimental to surrounding properties: Obviously Code Compliance or anyone else failed to inspect or visit the Applicant’s site at night where it would have seen powerful flood lights that shine into neighbor’s windows all night long. I’ve complained to Code Enforcement and to the police numerous times regarding various violations but they never do anything. (See photo.) Topic 2B) No further permits should be allowed to be issued due to CUP violations: The 95CUP-012, Condition #31 says that if the Applicant “fails to comply with any conditions of the [1996 STOA], no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.” Staff admits that there are at least two ongoing violations of conditions of the Applicant’s existing CUP (95-CUP-012). These violations (and others) have existed since prior to this century, without any mitigation. Staff is acting irresponsibly by recommending that the Santa Monica City Council ignore the fact that the Applicant is a serial violator of its CUP conditions. Condition #31 is a standard condition in virtually all of the CUPs that the City grants, and I think is a requirement under the SMMC. The Santa Monica City Council should abide by the City’s own policy of requiring compliance before granting any additional entitlements to the Applicant. If Staff were truly objective – as it should be but for which it is obviously not – Staff would not be recommending that the Santa Monica City Council deny my appeal. (See 2E and 2F, below.) Topic 2C) Existing Landscaping exceeds height limits: The trees on the westerly border of the Applicant’s property are planted excessively close together and, thus, are a de facto hedge and/or wall, and exceed height limits. Topic 2D) Existing plan for pick-up/drop-off does not work: The neighbors should have been directly solicited regarding this issue, before any additional entitlements are granted. The chain of vehicles that line up around San Vicente Blvd, onto 4th Street, and onto and 6.A.w Packet Pg. 1171 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 18 (See the end of this document for Exhibits.) way up Georgina Avenue for pick-up and drop-off creates a serious safety hazard for the community and causes serious traffic interference for the neighborhood. Drivers of these vehicles commonly violate the Motor Vehicle Code and block intersections to both pedestrian and vehicular traffic. This issue is a very serious matter due to the dangerous and hazardous conditions imposed by the Applicant and because life is so precious. This neighborhood is a very quiet and peaceful residential neighborhood – except for the Carlthorp School. Topic 2E) Grass surface replaced without approval: In Attachment G (to the 11/4/2020 Planning Commission hearing), the Annotated 1996 STOA, the Applicant admitted that it defied Condition #59 of its existing CUP, essentially disrespecting the City and its neighbors by unilaterally tearing out its grass – that it is required to have and maintain – and replacing it with artificial turf that, instead of emitting fresh oxygen as grass does, emits harmful noxious fumes that adversely affect the health of its neighbors and caused my dear sweet mother to suffer and contributed to her demise. The Applicant apparently misled the Planning Commission and the public again, here, by rationalizing and not disclosing the real reason the Applicant replaced the required grass with artificial turf: so that the Applicant could produce noisy outdoor activity all day long instead of only on a limited basis. The Applicant has admitted that it is – and has been for many years – in violation of this condition of the 1996 STOA; Condition #31 prohibits the Applicant from receiving any additional entitlements “until such violation has been fully remedied,” which it has not (with respect to this Condition #59 and other Conditions); and therefore, the Planning Commission should not have approved the Applicant’s proposals. Artificial turf also prevents rainwater from seeping into the soil and down into the water table. (See 2B, above.) Topic 2F) Obstructed clear view through front fence: The Applicant is, and has obviously been openly defying its CUP for a number of years on a continuing basis, not in compliance with this Condition. This Condition requires that the front yard fence and landscaping shall be “installed and maintained so as not to obstruct a clear view through the fence.” It is plainly obvious to anyone passing by the Applicant’s parcel in the front on San Vicente Boulevard that the view through the fence is completely obstructed. Photos taken 21 months ago depict that obstructed view. (Please see photos attached to my 5/20/2020 comment letter that were taken on 5/19/2020.) The view today is still obstructed. I have photos taken on the day of the November 4, 2020 Planning Commission hearing, and on 2/20/2022, which prove that the view is completely obstructed. The Applicant is also in open defiance of SMMC Section 9.08.030.F.4., which requires that Applicant’s courtyard “shall be visible and accessible from the sidewalk.” Pursuant to the 1996 STOA, Condition #31, the Santa Monica City Council should not approve the Applicant’s application because the Applicant was not in compliance with its existing CUP. (See 2B, above.) 2H) Inconsistency of prior assertions by applicant regarding student enrollment and number of staff: Staff misunderstands my assertions. I am saying that the Applicant made representations to the City and to the public that it would only increase its 6.A.w Packet Pg. 1172 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 19 (See the end of this document for Exhibits.) employee staff from 22 full and part time employees to 34 full and part time employees and that the City and the public relied on such representations when the process occurred in granting the Applicant its current CUP. The City should require that the Applicant reduce its staff level to approximately the level that it represented to the City and to the public when it was granted its current CUP. If any entitlements are granted to the Applicant, such entitlements should be conditioned upon limiting Applicant’s staff to approximately 34 people. And, certainly any language in any conditions should not prevent the public from asserting these issues in the future. In other words, any entitlements and conditions should not say or imply that the Applicant may have a staff level as high as any specified number above approximately 34 people. 3A) Number of stories: Staff overlooks the fact that the Lower Level of the building does not meet the code requirements to be a basement and is therefore a three-story building. (See section, above, named The Applicant’s and Staff’s Parcel Coverage Calculations of the Proposed Project are Incorrect and Exceed the Allowable Limit Under the Code, Including With the Minor Modification that the Applicant Requests.) 3E) Offices within apartment: This conversion occurred for several years earlier this century and through much of the last decade. (I did not say that the conversion was still ongoing. They closed those offices probably in preparation for their current application.) I referred to that conversion to illustrate that the Applicant has disrespected and flouted the Planning Commission and the laws of the City and to suggest that the Applicant is cavalier regarding respecting City ordinances, its CUP conditions, and its neighbors. 3F) School did not engage in neighborhood outreach: There was a public meeting, which I went to, but the meeting was very brief, substantially shorter than had been announced. I had various questions that I raised after the meeting but still within the scheduled time. Before I had an opportunity to ask all of my questions, several other members from the public that had remained and I were all asked to leave. I, not the Applicant, reached out by calling Tim Kusserow a few months later to discuss the project, but that was like speaking with a block wall. A few neighbors and I later arranged a conference call with Mr. Kusserow (or possibly someone else at the school), but that experience was also fruitless. Mr. Kusserow left the call after a short while and I was not permitted to even speak during the call. I later reached out to the Applicant’s law firm, who responded by having Melissa Sweeney contact me. But she had no authority to consider actual public concerns. She told me that she would get back to me but she didn’t, even after I subsequently tried to reach her. I am not aware of any other so-called outreach. The only public outreach was a perfunctory effort to present minimal information to the public. It was not true public outreach because there was zero receptivity by the Applicant regarding any and all public input. The Applicant was completely dismissive of any public input. It is disingenuous to describe the Applicant’s contact with the public as actual “outreach.” 4A) Parking requirement for classroom vs multipurpose room: The Staff here has it backwards. The Applicant has provided a description of the multipurpose room, which 6.A.w Packet Pg. 1173 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 20 (See the end of this document for Exhibits.) clearly states that it WILL be used as a classroom. (See section named The Multipurpose Room is a Classroom, above; and see, Appeal Form: Attached Sheets for Case No. 20ENT-0275, Appeal by Steven Salsberg of Case Number 19ENT-0250 (CUP); 20ENT0066 (Minor Modification), at 438 San Vicente Boulevard, at 5 –7 (section titled, The Applicant’s Cover-up and Rationalization of the Additional Classroom Space) (describing in more detail how the multipurpose room will serve as a classroom). ) And, Condition #17, which purportedly is intended to deal with this issue is self-contradictory and unenforceable. (See id.) 6A) Noise and privacy: The mitigation measures that are proposed are inadequate and in some respects aggravate the problem. (See above, Noise Concerns.) 6B) Noise is excessive when windows are open: This is an example how Staff is only concerned with whether the Applicant is in compliance with the “letter” of the existing CUP and its conditions, as opposed to the spirit of not imposing upon its neighbors and the community; or if it can artificially justify the bending or actual breaching of the existing CUP and its conditions. Here, double-paned windows were proposed, when the existing CUP was created, for some of the Applicant’s neighbors, to mitigate the outrageous noise created by the Applicant. However, such measure is completely ineffective during warm and hot days (and when cooking and also in bathrooms because the bathrooms do not have alternate ventilation) when it is necessary for such neighbors to open windows for air circulation. That amounts to more than half of the school year (plus summer school). I’ve been raising this issue throughout the process these past two years, but the Applicant, Staff, and the Planning Commission have ignored this issue. The City Council should not grant any additional entitlements until the Applicant and Staff actually and sincerely reach out to its neighbors and solve this issue. For more than 20 years this has been a major problem. I have complained numerous times to the Applicant and to law enforcement and nothing has ever been done to mitigate this extremely imposing problem. Children at random suddenly scream with high-pitched voices as loud as they can. Adults suddenly blow whistles, lead organized and synchronized cheering, and use walkie-talkies that grate the ears and nerves. The P.A. system suddenly is utilized. Without advance notice, suddenly an event occurs with amplified music, singing, talking, yelling and cheering. All of them randomly and suddenly yell at the top of their lungs. All of this causes enormous stress on the nerves, prevents concentration, and prevents speaking on the phone. And, for the size of the space and the proximity to its neighbors in this otherwise quiet and peaceful neighborhood, the Applicant very unreasonably imposes itself upon its neighbors and the Planning Department and the City has made unfair rationalizations on behalf of the Applicant. 6C) Excessive noise: This is another example how the existing CUP conditions were not well planned. The existing Condition #56, which requires staggering of playtime, is part of the problem. It would be better to have all playtime occur all at once and get it over with, rather than have it be loud throughout almost the entire day, as is the case now. That way, on warm and hot days, windows could at least be open part of the day, rather 6.A.w Packet Pg. 1174 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 21 (See the end of this document for Exhibits.) than forcing neighbors to swelter and suffocate the entire day. And, this could occur on a set schedule so that neighbors could have control over their day, rather than the school controlling the neighbors’ days. The City should reverse this condition to require the Applicant to have all playtime coordinated during shorter portions of the day on a set schedule. The City Council Report suggests that designating “a neighborhood liaison to facilitate communication between the school and its neighbors” as a condition will solve the noise problem. A school appointed liaison would not accomplish anything. For decades I have reached out to head administrators at the school and asked them to limit noise and with numerous other problems. They never do anything and only offer excuses. I’ve complained many times to the police and to Code Enforcement and nothing ever gets solved. A school appointed liaison would work for the Applicant and have no authority that the neighborhood could rely on to represent our interests. Before anything is approved, strict limits must be imposed upon the school that incorporates neighbors’ needs. Relying on the Applicant’s half-baked commitments didn’t work 25 years ago when it committed to increase its staff only from 22 to 32 full and part timers (and now they have a Staff of 80), (see 6/13/1995 letter from the Applicant’s consultant Arthur Kassan to Ronald K. Fuchiwaki, the Santa Monica City Parking &Traffic Engineer), or 35 years ago when the Applicant assured neighbors that it would not increase its enrollment or faculty, (see 9/25/1986 letter from the principal of the Applicant, Dorothy Menzies, to Dr. Granzow, of 407 Georgina Avenue, Santa Monica, CA 90402. 6D) Excessive noise: The existing Condition #57 requires playgroups to be dispersed. However, the opposite is occurring during loud organized cheering. Also, I don’t see how the noise could be much worse so probably the Applicant is not adhering to this condition in other ways. 7A) Privacy impacts: See my fourth bullet point under The City Council Report, relating to page 8 of that report. Also, as I’ve said before in another earlier submission: Faculty, parents, and children commonly trespass neighboring properties on their way to and from school. 8A) Documents withheld: I still have not received all of the documents that I have requested from the City pertaining to this appeal 8B) Questions not answered: Staff asserts in its Response to 8B in Attachment E that “Staff has responded to questions during multiple phone and virtual meetings with multiple staff members.” Such statement is grossly misleading. Since I filed the appeal, there were three – and not more than three – phone calls since I filed the appeal when I presented substantive questions. The first phone call was on 4/14/2021 with Jing Yeo. Most of that call dealt with my asking a threshold question that had to be asked before I could move to the actual questions that I needed to ask. However, Jing was stuck on giving me an answer that defied geometric logic and fundamental rules of geometry, math, and physics. (She was 6.A.w Packet Pg. 1175 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 22 (See the end of this document for Exhibits.) stuck on the notion that a “level” of a structure was based on a single point in such structure and that there were infinite numbers of “levels” related to the corresponding infinite points in a structure. Such notion defies geometric logic and fundamental rules of geometry, math, and physics because a level cannot exist in a single point, or stated another way, in zero dimensional space.) We ran out of time for that call so I asked her to think about it and we’d pick that up on the next call, which we planned for 4/27/2021. Almost as soon as we began speaking on 4/27/2021, Jing had already come around to my way of thinking. There was some important progress that I made in asking my questions during those two calls in April and one important question (or group of very similar questions) that was answered on 10/19/2021, which covered only about five minutes of that call in October. (Some of the detail of those answers has been explained above.) But almost everything else about the call on 10/19/2021 was a waste of time, whereby Jing outright refused to answer my questions. There was a trail of thought that I was taking Jing down using diagrams from the Plan pages, in which I was leading her to questions that I was trying to ask and she was finally being receptive. However, David Martin had set that call up with him, Stephanie Reich, and Gina also on the call. I need and needed specific questions answered regarding the zoning code and Jing is the Zoning Administrator, who has the responsibility to explain and clarify the zoning code. My questions were directed at Jing and not Stephanie. However, as I explained to David Martin in my email of 10/29/2021: “However, my questions are of the nature, which are for the Zoning Administrator, particularly because some of my questions are complicated, and about complicated issues and definitions.… Jing is the Zoning Administrator – not Stephanie. . . . [I]t is her responsibility to make these determinations, and yours I guess as the Director. Multiple times Stephanie disrupted the flow of my questions and descriptions, interrupting because she had difficulty following along, as she indicated. [And, e]ach time Stephanie interrupted, it was just as I was about to get [to where I needed Jing to go in her mind and with the diagrams for me to ask my questions].” Thus almost all of the 10/29/2021 conference call was a waste of time and I still hadn’t gotten to ask my questions. Staff’s Response to 8B in Attachment E that “Staff has responded to questions during multiple phone and virtual meetings with multiple staff members” is grossly misleading. Staff’s assertion, in its Response to 8B in Attachment E, “staff has provided written correspondence to comprehensively answer all questions” is absolutely and brazenly FALSE. Staff has stonewalled me and refused to answer my questions, while simultaneously attempting to cram down a hearing down upon me. I began requesting that the Zoning Administrator, Jing Yeo, answer my questions more than 13 months ago 6.A.w Packet Pg. 1176 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 23 (See the end of this document for Exhibits.) in early January 2020. She was very busy for a couple of months and then I had an injury that delayed a couple weeks. In April 2021, Jing and I got off to a good start in phone calls on 4/14/2021 and 4/27/2021, whereby we resolved to continue the process by email. On 5/12/2021, I sent her an email with various questions and requests for confirmations of what she had told me during April on the phone. She told me that I would receive answers within or shortly after a couple weeks. I followed up with approximately a dozen emails and phone calls when she was not forthcoming. Jing went completely dark on me, failing to respond in any way whatsoever. After that, the only times Jing contacted me was by email and then only after I would explain the circumstances to the City Manager (first John Jalili and then David White) and that I wasn’t getting my questions answered. My first contact with the City Manager, John Jalili, was in early July 2021, and Jing followed up with an email addressing some of my questions. But her answers were vague and opaque and mostly not on point and incomplete. For more than the following seven months, I would promptly reply to her emails regarding my questions, asking her to actually answer my questions. But she would not respond to my email replies, unless and until I contacted the City Manager again, and then and only then would she reply to my emails. I also attempted to reach out to David Martin, the Director of the Planning Department, with numerous emails and phone calls, attempting to get him to motivate Jing to properly answer my emails. The only times David Martin got back to me was shortly after I contacted the City Manager. Additional detail is explained, above, in the section discussing the unfair process. (The email strings with Jing Yeo and David Martin, since 5/12/2021, are being included along with this Supplement.) Staff’s assertion, in its Response to 8B in Attachment E, “staff has provided written correspondence to comprehensively answer all questions” is absolutely and brazenly FALSE. 8C) Premature Planning Commission hearing: “Multiple hearing delays were granted” implies that such delays were granted due to my causing that to be necessary. All delays relating to the Planning Commission hearing were due to the City choosing on its own to delay the hearing date or because the City had failed to follow through on commitments to provide me with information, answers to questions, and documents. Almost all of the delay occurred due to the City’s own choosing for its own reasons. The two delays relating to the City not following through on commitments to me was only one week in May 2020 and approximately two weeks in October 2020, and I still had not received all of the documents that I had asked for when the hearing was held on 11/4/2020. Staff’s assertion, in its Response to 8D in Attachment E, “Multiple hearing delays have been granted” is very misleading. Any and all delays in bringing this matter before the City Council is due to delays caused by the City, except for an approximately two week delay that I needed due to an injury that I suffered in late March 2021. All other delays in this process were due to Jing Yeo, the Zoning Administrator, being too busy to answer my Zoning Code questions during the winter of 2021, and then since 5/12/2021, her refusing to respond to me and her answering my questions and requests for clarifications and confirmations of oral statements in a vague, opaque, unspecific, and off the point 6.A.w Packet Pg. 1177 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 24 (See the end of this document for Exhibits.) manner and also her refusing to answer my questions. (See detailed discussion in response to 8B and in discussions above relating to the unfairness of the process and attached email strings with Jing Yeo, David Martin, Regina Szilak, and David White.) 8D) Requested appellant to confirm February 22, 2022 appeal hearing date on November 29, 2021: The City here makes a false and misleading statement. The City notified me weeks after setting the 2/22/2022 hearing date and weeks after notifying the Applicant that the hearing date had been set for that date. The City’s email on 11/29/2021 did not ask me to confirm the 2/22/2022 date for the hearing; it only mentioned 2/22/2022 as a potential hearing date. I responded on 12/8/2021, rejecting such date by indicating that setting a hearing date at that time was “premature and grossly unfair until I have had the opportunity to have my questions and requests for clarifications properly addressed and fully vetted.” I was not notified that the City wanted to proceed with 2/22/2022 until 2/1/2022, which was weeks after the City had notified the Applicant that that was a set date and more than 10 days after I first started requesting that the City confirm or deny whether that date had been set based on rumors I had heard. (See submitted email strings with Regina Szilak, Jing Yeo, David Martin, and David White.) And, I didn’t really know that 2/22/2022 would be the hearing date until 2/17/2022. (See email strings with David White, and particularly my email to David White, dated 2/18/2022.) The City deceived me and misled me and failed to properly notify me as to the hearing date and gave substantial deference to the Applicant against my interests as the Appellant, and the City has done that throughout this process. The City Council Report The City Council Report states in the context of “the impact of loading/unloading and parking on the surrounding neighborhood[, that] [n]o new parking impacts are associated with the current proposal.” (City Council Report, at 7.) That is an absurd finding. The Applicant has said that it intends to hold music and dance performances in the proposed multipurpose room. The multipurpose room will at times serve as an auditorium/theater with a substantial capacity. And the addition of the proposed multipurpose room and the proposed rooftop play court will add substantial space for events that are more intense than are currently held. The Applicant will be able to host larger crowds of visitors, which would require larger numbers of staff to monitor the events. At large events, the Applicant might choose to even hire temporary workers for the event, particularly if valet parking is permitted, which is a very bad idea. The school already commonly hires (or invites) musical bands and other performing arts, and various other services when it conducts events. The school will likely hire catering services. All those people have to park somewhere if they drive there. All of these people will impact parking needs that will impact the community and the surrounding neighborhood. There are many other examples that would impact the neighborhood. 6.A.w Packet Pg. 1178 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 25 (See the end of this document for Exhibits.) The City Council Report describes conditions to “provide concrete direction and guidance to further … dialogue” with the neighborhood. (City Council Report, at 8.) Those conditions are joke: A school appointed liaison would not accomplish anything. For decades I have reached out to head administrators at the school and asked them to limit noise and with numerous other problems. They never do anything and only offer excuses. I’ve complained many times to the police and to Code Enforcement and nothing ever gets solved. A school appointed liaison would work for the Applicant and have no authority that the neighborhood could rely on to represent our interests. Netting surrounding the upper-level play court would be ugly, as would the 30+ high wall surrounding the play court, and it would exceed the height limit in the zoning code. As discussed, above, the Conditions (Condition 17) is self-contradictory and unenforceable and would not ensure that the multipurpose room would not be used as a classroom. The landscape screen does not solve privacy concerns; it aggravates privacy concerns. That “solution” is outrageously horrible for residents in the adjacent residential building across from that area of the school and would fail to protect the privacy of such residents. It would only serve to protect the privacy of the school but would do the opposite for those residents. Landscape screens are opaque from a distance but are semi-transparent when someone is up close. Such screens tend to have openings and develop tears (both minor and major) that are completely transparent, and they tend to degrade over time, thus reducing their opacity. Therefore, anyone at the school going up and down the stairwell or anywhere close to the screen could peer and stare into the opposing windows on the east side of the adjacent residential building. And, people inside those residences would not even be able to detect that someone is peeping into their windows, thus creating the constant concern and anxiety that someone (or even a hidden camera) could be watching at any time. Such “solution” is an invasive disruption to the privacy of the people in the adjacent building. The solution is very simple: Don’t allow the rooftop play court to be built. Short of that, don’t allow the stairwell on the western perimeter to be built. Short of that, require the stairwell to be fully enclosed with walls, or at least a wall on the outside side of the stairwell that is at least 7 feet high. The Applicant should absolutely not be permitted to have valet service. It would create enormous stress on the neighborhood and only compound the parking and traffic impact on the neighborhood. The City Council Report when in reviewing my Appeal Statement fails to consider issues brought forth here in this statement and additional issues that I still wish to formulate and present because: The City refused to answer my zoning code questions after having committed to me that it would answer such questions sufficiently in time for me to provide additional follow up 6.A.w Packet Pg. 1179 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Appeal 20ENT-0275 of 19ENT-0250 and 20ENT-0066 438 San Vicente Blvd. THIRD APPEAL STATEMENT OF STEVEN SALSBERG, APPELLANT – SUBSTANTIVE ISSUES May 9, 2022 Page 26 (See the end of this document for Exhibits.) questions that build on such zoning code questions, and sufficiently in advance of scheduling a hearing date. (See above.) The City also failed to fulfill my information requests, and in a timely manner. 6.A.w Packet Pg. 1180 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and LIST of ATTACHED EXHIBITS Exhibits Relating to the Multipurpose Room: [1] The first 3 pages of “19ENT-0250 (438 SVB – CUP)” (CUP Application), with the third page is marked, pointing to the relevant sentence. [2] The first 3 pages of “29ENT-0066 438 San Vicente Blvd. Maj. mod” (Application), with the third page is marked, pointing to the relevant sentence. [3] The first 4 pages of amended modification Pages from “amended modification Pages from Discretionary Permit App 2020.03.26,” with the third page is marked, pointing to the relevant sentence. Exhibits Relating to Parcel Coverage: [4] The 9-page Parcel Coverage and Floor Diagrams set, prior to the Current set of Plans (named “Parcel Coverage 2021” and “PC2021”), which contains a packet of 9 Plan Pages from an earlier (2021) version of the proposed project. Exhibits Relating to Neighborhood Issues [5] Letter from Arthur L. Kassan, Consulting Traffic Engineer, to Ronald K. Fuchiwaki, City Parking & Traffic Engineer, dated 6/13/1995. Exhibits Relating to Appellant’s Response to Staff’s Attachment E, “Detailed Response to Appeal Statement” [6] Letter, dated 9/25/1986, from the principal of the Applicant, Dorothy Menzies, to Dr. Granzow, of 407 Georgina Avenue, Santa Monica, CA 90402. 6.A.w Packet Pg. 1181 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Exhibits Relating to the Multipurpose Room: [1] The first 3 pages of “19ENT-0250 (438 SVB – CUP)” (CUP Application), with the third page is marked, pointing to the relevant sentence. [2] The first 3 pages of “29ENT-0066 438 San Vicente Blvd. Maj. mod” (Application), with the third page is marked, pointing to the relevant sentence. [3] The first 4 pages of amended modification Pages from “amended modification Pages from Discretionary Permit App 2020.03.26,” with the third page is marked, pointing to the relevant sentence. 6.A.w Packet Pg. 1182 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and 6.A.w Packet Pg. 1183 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and 6.A.w Packet Pg. 1184 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and 6.A.w Packet Pg. 1185 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and 6.A.w Packet Pg. 1186 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and 6.A.w Packet Pg. 1187 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and 6.A.w Packet Pg. 1188 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Application No.: CITY OF SANTA MONICA – CITY PLANNING DIVISION DISCRETIONARY PERMIT APPLICATION Applications must be submitted at the City Planning public counter, Room 111 at City Hall. City Hall is located at 1685 Main Street, Santa Monica, CA 90401. If you have any questions completing this application you may call City Planning at (310) 458-8341.GENERAL INFORMATIONPROJECT ADDRESS:____________ DETAILED PROJECT DESCRIPTION (Attach additional sheets as necessary to fully describe the proposed project) _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ APPLICANT (Note: All correspondences will be sent to the contact person) Name: Address: Zip: Phone: Email: CONTACT PERSON (if different) Name: Address: Zip: Phone: Email: Relation to Applicant: PROPERTY OWNER Name: Address: Zip: Phone: Email: I hereby certify that I am the owner of the subject property and that I have reviewed the subject application and authorize the applicant or applicant’s representative (contact person) to make decisions that may affect my property as it pertains to this application. Property Owner’s Name (PRINT) Property Owner’s Signature / Date This part to be completed by City staff Application No.: Amount Paid: $ Received By: Check No.: Date Submitted: EDUCATIONAL SUPPORT SPACE IMPROVEMENTS FOR EXISTING ELEMENTARY SCHOOL CAMPUS. FOR FURTHER DETAILS SEE ATTACHED. MINOR MODIFICATION TO ALLOW AN ADDITIONAL 0.06% GROUND FLOOR PARCEL COVERAGE. TIM KUSSEROW, HEAD OF SCHOOL / KEN PARR, DIRECTOR OF FINANCE 438 SAN VICENTE BOULEVARD SANTA MONICA, CA 90402 310-451-1332 tkusserow@carlthorp.org KENNETH KUTCHER 1250 SIXTH STREET, SUITE 200 SANTA MONICA, CA 90401 (310) 451-3669 kutcher@hlkklaw.com ATTORNEY AT LAW CARLTHORP SCHOOL 438 SAN VICENTE BOULEVARD SANTA MONICA, CA 90402 310-451-1332 tkusserow@carlthorp.org TIM KUSSEROW 438 SAN VICENTE BOULEVARD SANTA MONICA, CA 90402 //ss// 6.A.w Packet Pg. 1189 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Discretionary Permit Application Page 3 DISCRETIONARY PERMIT APPLICATION SUBMITTAL REQUIREMENTSPLANNING ENTITLEMENTS REQUESTED (check all that apply): Conditional Use Permit Minor Use Permit Major Modification Development Review Permit Development Agreement Variance Waiver NEIGHBORHOOD NOTIFICATION PLANNING APPLICATION – SUBMITTAL REQUIREMENTS Demolition Permit 5HYLHZ5HTXLUHG (For Structures 40 Years or Older) A demolition permit is required for demolition of any building or structure on the property (primary or accessory structure.) The Landmarks Commission must review demolition permit applications for structures that are 40 years or older. The Landmarks Commission may exercise its authority to nominate the property for Landmark Designation, and/or designate the property (structure and or parcel) as a Landmark, Landmark Parcel, or Structure of Merit in accordance with and based on findings established in Chapters 9.56 and 9.58 of the Santa Monica Municipal Code. My property contains a structure (or structures) 40 years old or older and the proposed development of this property will require a demolition permit. My application for a demolition permit has been reviewed by the Santa MonicaLandmarks Commission and the 75-day review period has expired. $SSOLFDWLRQZLOOQRWEHDFFHSWHGXQWLOWKLVUHTXLUHPHQWLVFRPSOHWH Application Form One original and 6 copies of application form. All the information requested on the application must be provided. Application Fees The payment of an application fee is required. Please see current list of fees in Room 111 of City Hall. A check payable to the City of Santa Monica or credit card will be required at the time of submittal of all planning permit applications to the Permit Coordinator. Rent Control Status Form Certification by the Rent Control Administration of the Rent Control status of the property is required. Applications submitted without this form will not be processed by the City Planning Division. Forms are available in the Rent Control offices, Room 202 in City Hall. Other Project-Related Applications If applicable, copies of any application materials for other required planning permits. Information on required planning permits and application materials is available at the City Planning Division public counter, Room 111 of City Hall. ✔ COMMUNITY MEETING HELD ON DECEMBER 2, 2019 AT THE MONTANA AVENUE PUBLIC LIBRARY. ✔ ✔ ✔ ✔ Amendment of N/A (Previously on file) (Previously on file) ✔Minor Modification 6.A.w Packet Pg. 1190 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and APPLICANT: CARLTHORP SCHOOL ADDRESS: 438 SAN VICENTE BLVD. Carlthorp School | Project Description | Discretionary Permit Application Summary The proposed project involves the construction of new educational support space at the existing Carlthorp School (“Carlthorp” or the “School”) campus located at 424-438 San Vicente Boulevard. Part of that space (5,575 SF) will be located below ground under the existing outdoor play field; the existing lunch seating area (844 SF) in the center of the campus with be enclosed, and a second-story addition (840 SF) above the lunch seating will be constructed for school administrative offices. An elevated outdoor sports and recreation space will be established next to the rear alley, and the Kindergarten play area will be refreshed with new playground equipment. The proposed project will not expand existing enrollment (remaining approximately 280 students), number of staff (remaining approximately 80) or number of K-6 classrooms (remaining two per grade-level plus various specialty classrooms) at the School, but instead would provide modest improvements, including a new subterranean multi-purpose room, elevated outdoor recreational space, additional administrative space, and an enclosed lunch seating area in order to optimize the operation of the School. The proposed project triggers a total floor area increase of 7,259 SF. The project will also include modest improvements to an at- grade recreational space at the eastern portion of the campus, although neither these improvements nor the elevated outdoor recreational space constitutes additional floor area. This project will expand the footprint of the existing school campus by only 1,310 SF through the enclosure of the existing exterior cafeteria seating area and two new elevators and an exterior stair on the second floor. This added parcel coverage requires a Minor Modification under the Zoning Code. All other aspects of the School campus will remain functionally the same. An amendment to the School’s existing Conditional Use Permit (CUP 95-012) is required to permit the expansion of a school in the R2 District. No changes are proposed to the tuck-under parking area accessed from the alley, and no project features will exceed the Zoning Code’s height limits. Although the School is located in a designated Historic District, the School itself is not a “contributing building.” The Landmarks Commission raised no concerns regarding project at the October 14, 2019 preliminary review hearing. Background Carlthorp was established in 1939 and is the oldest independent school in Santa Monica. The school has remained in its present location since 1941 and has coexisted compatibly with its surrounding residential neighborhood since then. Carlthorp is a kindergarten through 6th grade (“K-6”) elementary school, and its campus site has grown only modestly over time since its establishment. The most substantial expansion involved acquiring and demolishing the neighboring vacant apartment building which became structurally dangerous and red-tagged after the 1994 Northridge Earthquake. That lot was then converted to outdoor physical education and pupil play space as part of a CUP approved in 1996 for expansion of the school site. When the School merged with that adjoining lot, Carlthorp also renovated its classroom facilities to better support its elementary education needs and repair earthquake damage. The current application requests an amendment to that CUP 95-012 for improved educational support space, as described below. Throughout its history, Carlthorp’s basic educational philosophy has remained largely the same: focusing on the child as a whole, helping each student to grow academically, socially, and ethically. Carlthorp provides a strong academic foundation in a diverse and nurturing school community that emphasizes respectful values, responsible work habits, and excellence in order to prepare its students to achieve their highest potential in education and life. Carlthorp continues to enjoy a reputation for academic excellence that is demonstrated by the high acceptance rate of its graduates to the secondary school of their first choice. 6.A.w Packet Pg. 1191 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and 6.A.w Packet Pg. 1192 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Exhibits Relating to Parcel Coverage: [4] The 9-page Parcel Coverage and Floor Diagrams set, prior to the Current set of Plans (named “Parcel Coverage 2021” and “PC2021”), which contains a packet of 9 Plan Pages from an earlier (2021) version of the proposed project. 6.A.w Packet Pg. 1193 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and BASEMENT FLOOR +97'-3" BASEMENT FLOOR +97'-3" PL LOWER BASEMENT FLOOR +89'-8" LOWER BASEMENT FLOOR +89'-8"4' - 0"3' - 8"BASEMENT LEVEL (ABOVE) +97'-3" STAGE +91'-8" NEW MULTI-PURPOSE RM NEW ELEVATOR TIERED SEATING STORAGE CLASSROOM - BREAK OUT ROOM CLASSROOM - SPANISH EXISTING CLASSROOM/ MULTI-PURPOSE RM CLASSROOM - MATH READING P.E. OFFICE PL STORAGE FACILITIES OFFICE MAIN POWER SHUT OFF ELEV ROOM SERVER ROOM STOR STOR RESTROOMS FACULTY LOUNGE STOR +91'-8"HVO5' - 0"EXISTING READING ROOM TO BE CONVERTED TO RESTROOMS NEW STAIR AND PARTITION CORRIDOR 1 A300-B/C 1 A300-B/C 2 A300-B/C 2 A300-B/C SEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-B SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:34:59 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A120-B BASEMENT FLOOR PLAN - PARCEL COVERAGE 11.16.20 SUPPORT SPACE IMPROVEMENTS* BASEMENT AREAS SHOWN DO NOT CONTRIBUTE TO THE PARCEL COVERAGE CALCULATION. FLOORING ABOVE THESE BASEMENT AREAS ARE ALL 3 FEET OR LESS ABOVE AVERAGE NATURAL GRADE. SEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.w Packet Pg. 1194 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) UPUPDNDNDN UPNEW ENCLOSURE OF EXISTING LUNCH SEATING OUTLINE OF MULTI-PURPOSE ROOM BELOW GRADE PLANTERHANDICAPPED PARKINGHANDICAPPED PARKING BIKE RACK HEDGECLASSROOM - KINDERGARTEN CLASSROOM - 6TH GRADE CLASSROOM - 6TH GRADE CLASSROOM - 1ST GRADE CLASSROOM - 1ST GRADE RECEPTION/ FRONT OFFICE BOARDROOM KITCHEN CLASSROOM - KINDERGARTEN CL OF ALLEY NEW BIKE RACKS 10' - 0"139' - 11"35' - 11"1 A300-B/C 1 A300-B/C 2 A300-B/C 2 A300-B/C EXISTING PARKING CLASSROOM CLASSROOM PORCH CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F) NEW ELEVATOR NEW ELEVATORCLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F) EXISTING OPENING AT END OF UNENCLOSED CORRIDOR TO REMAIN OPENING IN NEW WALL AT END OF EXISTING UNENCLOSED CORRIDOR OPEN/UNENCLOSED NEW PARCEL COVERAGE: NEW ENCLOSED LUNCH SEATING = 843 SF TOTAL NEW MAIN LEVEL PARCEL COVERAGE = 2,462 SF NEW ELEVATORS = 278 SF EXISTING MAIN LEVEL PARCEL COVERAGE: PARCEL COVERAGE CALCULATIONS TOTAL PARCEL AREA FROM SURVEY): FIRST FLOOR (MAIN LEVEL): EXISTING PARCEL COVERAGE: 18,536 SF TOTAL MAIN LEVEL PARCEL COVERAGE: EXISTING = 18,536 SF TOTAL (EXISTING + NEW) =20,998 SF NEW = 2,462 SF NEW MAIN LEVEL PARCEL COVERAGE: TOTAL MAIN LEVEL PARCEL COVERAGE: (NEW + EXISTING) 18,536 SF (39.98 % OF PARCEL AREA) 46,362.50 SF 2,462 SF (5.31 % OF PARCEL AREA) 20,998 SF (45.29 % OF PARCEL AREA) FOR PURPOSES OF CODE COMPLIANCE NOTE: THE CLASSROOMS ALONG THE REAR ALLEY ARE TREATED AS THE UPPER LEVEL FOR PURPOSES OF THIS CALCULATION OF PARCEL COVERAGE PER THE DEFINITIONS CONTAINED IN THE ZONING ORDINANCE. SEE FLOOR LEVEL DIAGRAMS FOR MORE INFO. AREA UNDER STRUCTURE = 1,231 SF NEW STAIR = 110 SF SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:35:02 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A121-B FIRST (MAIN) FLOOR PLAN - PARCEL COVERAGE 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.w Packet Pg. 1195 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) +119'-6" NEW ADMIN OFFICES NEW ELEVATOR NEW ELEVATOR PL LIBRARY CLASSROOM - COMPUTER LAB OFFICEOFFICEOFFICEOFFICE CLASSROOOM - ART ROOM CLASSROOM - READING ROOM CLASSROOM - 5TH GRADE CLASSROOM - 5TH GRADE OFFICE OFFICE OFFICE NEW STAIR 1 A300-B/C 1 A300-B/CSEE FIRST FLOOR/ MAIN LEVEL PLAN ON SHEET A121-B SCIENCE CLASSROOM - 4TH GRADE CLASSROOM - 4TH GRADE CLASSROOM - 3RD GRADE CLASSROOM - 3RD GRADE CLASSROOM - 2ND GRADE OVERHANG OF ROOFTOP PLAY COURT ABOVE 2 A300-B/C 2 A300-B/C CLASSROOM PORCH CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (G) SEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-B THIS PORTION OF STAIR EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (G) OPENING AT END OF EXISTING UNENCLOSED CORRIDOR, SEE FIRST FLOOR/MAIN LEVEL PLAN FOR PURPOSES OF CODE COMPLIANCE PARCEL COVERAGE CALCULATIONS TOTAL NEW UPPER LEVEL PARCEL COVERAGE = 1,531 SF NEW ELEVATORS = 290 SF NEW ADMIN OFFICES = 840 SF SECOND FLOOR (UPPER LEVEL): NEW PARCEL COVERAGE: EXISTING PARCEL COVERAGE: 16,985 SF TOTAL UPPER LEVEL PARCEL COVERAGE: EXISTING = 16,985 SF TOTAL (EXISTING + NEW) =18,516 SF NEW = 1,531 SF 90% OF MAIN LEVEL PARCEL COVERAGE ALLOWED BASED ON MINOR MODIFICATION INCREASE TO 45.29% OF TOTAL PARCEL AREA: TOTAL UPPER LEVEL PARCEL COVERAGE: (NEW + EXISTING) 18,516 SF ( < 90 % OF MAIN LEVEL PARCEL COVERAGE) 20,863.13 SF x .45 46,362.50 SFMAIN LEVEL PARCEL COVERAGE ALLOWED BY CODE: 18,898.2 SF x .90 20,998 SF AREA UNDER STRUCTURE = 401 SF MAIN LEVEL PARCEL COVERAGE ALLOWED BY MINOR MODIFICATION (45.29%) 20,998 SF SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/30/20 12:40:02 PM As indicatedCARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A122-B SECOND (UPPER) FLOOR PLAN - PARCEL COVERAGE 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.w Packet Pg. 1196 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) NEW ROOFTOP CHILDREN'S PLAY COURT (OPEN AIR) +126'-6" EXISTING ROOF PL 1 A300-B/C 1 A300-B/C 2 A300-B/C 2 A300-B/C NEW ELEVATOR NEW ELEVATOR NEW STAIR BELOW NEW OFFICES BELOW SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:35:06 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A123-B ROOF PLAN - PARCEL COVERAGE 11.16.20 SUPPORT SPACE IMPROVEMENTS* THIS FLOOR PLAN DOES NOT CONTRIBUTE TO THE LOT COVERAGE CALCULATION. SEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.w Packet Pg. 1197 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) (E) UPPER LEVEL +119' -6" (E) Top of Roof +134' -0" (E) A.N.G. +104' -6" (E) Basement Floor Upper +101' -6" (E) First Floor Upper +110' -0" Top of Court +126' -6" NEW ELEVATED OPEN AIR PLAY COURT EXISTING PARKING EXISTING CLASSROOMS 8' - 0"30' - 0"PLAY COURT STORAGE INTERSTITIAL/ATTIC SPACE - NOT OCCUPIABLE CLASSROOM MAIN LEVEL UPPER LEVEL MAIN LEVEL LOWER LEVEL 3' - 0"NEW CLASSROOM CEILING AND BUILDING ENVELOPE 7' - 6"7' - 0"9' - 6"5' - 6"3' - 0"5' - 3"(E) UPPER LEVEL +119' -6" (E) Top of Roof +134' -0" (E) MAIN LEVEL +107' -6" (E) LOWER LEVEL +97' -3" (E) A.N.G. +104' -6" (E) Basement Floor Upper +101' -6" (E) First Floor Upper +110' -0" Basement Floor Lower +89' -8" (E) Roof +130' -3 1/2" Top of Court +126' -6" NEW ELEVATED OPEN AIR PLAYCOURT EXISTING CLASSROOM EXISTING PARKING EXISTING MULTI-PURPOSE ROOM NEW ADMINISTRATIVE ADDITION NEW ELEVATOR NEW ELEVATOR BEYOND NEW ENCLOSURE OF EXISTING LUNCH SEATING 3' - 9"3' - 10"7' - 0"9' - 6"2' - 6"3' - 0"3' - 0"4' - 3"7' - 7"EXISTING STRUCTURE TO BE REMOVED EXISTING BUILDING 30' - 0"UPPER LEVEL MAIN LEVEL LIBRARY UPPER LEVEL CLASSROOM MAIN LEVEL LOWER LEVEL CLASSROOM PORCH CLASSROOM PORCH NEW CLASSROOM CEILING AND BUILDING ENVELOPE (THIS PORTION OF CLASSROOM PORCH IS ON MAIN/FIRST LEVEL) (THIS PORTION OF CLASSROOM PORCH IS ON UPPER/SECOND LEVEL) CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F) CLASSROOM PORCH EXCLUDED FROM PARCEL COVERAGE PER SMMC 9.04.100 (F)&(G)OPEN 8' - 0"INTERSTITIAL/ATTIC SPACE - NOT OCCUPIABLE 5' - 3"SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/30/20 12:39:07 PM 1/8" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A300-B/C SECTION DIAGRAMS 11.16.20 SUPPORT SPACE IMPROVEMENTS1/8" = 1'-0"1 E/W SECTION THROUGH ELEVATED COURT LEVEL DIAGRAM 1/8" = 1'-0"2 N/S SECTION THROUGH MULTI-PURPOSE ROOM & ELEVATED COURT - LOT COVERAGE SEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS SMMC 9.52.020.0180 Attic. The area less than 7 feet in height, located above the ceiling of the top story and below the roof that is not usable as habitable or commercial space and is not accessible via a permanent access structure. An attic shall not be considered a story. 6.A.w Packet Pg. 1198 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) +97'-3" PL +89'-8" +89'-8" LOWER LEVEL (ABOVE) +97'-3" STAGE +91'-8" NEW MULTI-PURPOSE RM NEW ELEVATOR TIERED SEATING STORAGE BREAK OUT ROOM SPANISH EXISTING MULTI-PURPOSE RM MATH READING P.E. OFFICE PL STORAGE FACILITIES OFFICE MAIN POWER SHUT OFF ELEV ROOM SERVER ROOM STOR STOR FACULTY LOUNGE STOR +91'-8" EXISTING READING ROOM TO BE CONVERTED TO RESTROOMS & SHOWERS NEW STAIR AND PARTITION CORRIDOR 5' - 0"5' - 0" 8 (N) STAFF LOCKERS LOWER LEVEL (+97' -3") +0' -0" -7' -7" -5' -7" 1 A300-B/C 1 A300-B/C SEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-C 2 A300-B/C 2 A300-B/C BASEMENT FLOOR +97'-3" SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:34:59 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A120-C BASEMENT FLOOR LEVEL DIAGRAM (LOWER LEVEL) 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.w Packet Pg. 1199 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) UPUPDNDNDN UPNEW ENCLOSURE OF EXISTING LUNCH SEATING OUTLINE OF MULTI-PURPOSE ROOM BELOW GRADE PLANTERHANDICAPPED PARKINGHANDICAPPED PARKING BIKE RACK HEDGECLASSROOM - KINDERGARTEN CLASSROOM - 6TH GRADE CLASSROOM - 6TH GRADE CLASSROOM - 1ST GRADE CLASSROOM - 1ST GRADE RECEPTION/ FRONT OFFICE BOARDROOM KITCHEN CLASSROOM - KINDERGARTEN CL OF ALLEY PROPOSED BIKE RACKS 1 A300-B/C 1 A300-B/C MAIN LEVEL +0' -0" MAIN LEVEL (+107' -6") +0' -0" +1' -3" -6' -0"CLASSROOM 2 A300-B/C 2 A300-B/C EXISTING PARKING CLASSROOM PORCH NEW ELEVATOR NEW ELEVATOR CLASSROOM PORCH SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:38:02 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A121-C FIRST FLOOR LEVEL DIAGRAM (MAIN LEVEL) 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.w Packet Pg. 1200 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) +119'-6" NEW ADMIN OFFICES PL LIBRARY CLASSROOM - COMPUTER LAB OFFICEOFFICEOFFICEOFFICE CLASSROOOM - ART ROOM CLASSROOM - READING ROOM CLASSROOM - 5TH GRADE CLASSROOM - 5TH GRADE OFFICE OFFICE OFFICE NEW STAIR UPPER LEVEL (+119' -6") +0' -0" 1 A300-B/C 1 A300-B/CSEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-C -9' -6" SCIENCE CLASSROOM - 4TH GRADE CLASSROOM - 4TH GRADE CLASSROOM - 3RD GRADE CLASSROOM - 3RD GRADE CLASSROOM - 2ND GRADE 2 A300-B/C 2 A300-B/C NEW ELEVATOR NEW ELEVATORSEE FIRST FLOOR / MAIN LEVEL PLAN ON SHEET A121-C SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:35:05 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A122-C SECOND FLOOR LEVEL DIAGRAM (UPPER LEVEL) 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.w Packet Pg. 1201 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) 1 A300-B/C 1 A300-B/C EXISTING ROOF NEW STAIR BELOW NEW OFFICES BELOW PL ROOFTOP PLAY COURT 126' -6" 2 A300-B/C 2 A300-B/C NEW ELEVATOR NEW ELEVATOR SHEET SHEET DATE 3573 HAYDEN AVENUE CULVER CITY, CA 90232 310.399.7975 KFALOSANGELES.COM SCALE 11/18/20 5:35:08 PM 3/32" = 1'-0"CARLTHORP SCHOOL438 SAN VICENTE BLVDSANTA MONICA, CA 90402A123-C ROOF PLAN LEVEL DIAGRAM 11.16.20 SUPPORT SPACE IMPROVEMENTSSEE SECTION DRAWING A300-B/C FOR AVERAGE NATURAL GRADE AND RELATIONSHIPS BETWEEN LEVELS 6.A.w Packet Pg. 1202 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente (75 mins)) Exhibits Relating to Neighborhood Issues [5] Letter from Arthur L. Kassan, Consulting Traffic Engineer, to Ronald K. Fuchiwaki, City Parking & Traffic Engineer, dated 6/13/1995. 6.A.w Packet Pg. 1203 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and 6.A.w Packet Pg. 1204 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP 6.A.w Packet Pg. 1205 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP 6.A.w Packet Pg. 1206 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and 6.A.w Packet Pg. 1207 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and 6.A.w Packet Pg. 1208 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP Exhibits Relating to Appellant’s Response to Staff’s Attachment E, “Detailed Response to Appeal Statement” [6] Letter, dated 9/25/1986, from the principal of the Applicant, Dorothy Menzies, to Dr. Granzow, of 407 Georgina Avenue, Santa Monica, CA 90402. 6.A.w Packet Pg. 1209 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and 6.A.w Packet Pg. 1210 Attachment: ADD-TO_Third Appeal Statement of Steven Salsberg - Substantive Issues - 5-9-2022 (5012 : Appeal Planning Commission CUP and 1 Vernice Hankins From:Gardner, Rory <rgardner@pacificurbaninvestors.com> Sent:Monday, May 2, 2022 1:31 PM To:councilmtgitems Cc:Regina Szilak Subject:438 San Vicente Blvd, Carlthorp School Continued Expansion and Adverse Impact on Environment EXTERNAL    Good afternoon,  Regarding the Tuesday May 10th hearing for the 438 San Vicente Blvd continued expansion of the Carlthorp School, as a  homeowner on 4th Street I am completely opposed to this. The School’s continued growth and expansion has occurred  with no consideration for the extra traffic, monopoly on local parking, and increased trash from the daily foot traffic that  staff, parents, and students leave behind. The proposed expansion is just another effort to increase enrollment to justify  higher compensation (noted below from their 2019 tax filing) for school executives at the expense of the quality of life  for local residents.     Also included below is the balance sheet detail pursuant to the last publicly available “non‐profit” tax return filing (tax  year 2019). With stated net assets in excess of $35M the school can certainly either:    1) Find a location that has appropriate parking so they do not continue to adversely impact a residential  neighborhood.  2) Establish off site parking with a shuttle service to ensure staff and parents do not dominate local parking,  adversely impacting the residents of the community in which the school resides.  3) Fund a local sanitation crew to ensure the residents around the few blocks that surround the school do not  continue to bear the adverse impact of a growing and careless customer base.      Total Revenue $11,352,256 Total Functional Expenses $10,825,640 Net income $526,616 Notable sources of revenue Percent of total revenue Contributions $1,723,61415.2% Program services $8,524,18775.1% Investment income $847,4667.5% Bond proceeds $0 Royalties $0 Rental property income $0 Net fundraising $248,8432.2% Sales of assets $0 Net inventory sales $0 Other revenue $8,1460.1% Notable expenses Percent of total expenses Executive compensation $887,7988.2% Professional fundraising fees $0 Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1211 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 2 Total Revenue $11,352,256 Total Functional Expenses $10,825,640 Net income $526,616 Other salaries and wages $5,680,62852.5% Other Total Assets $42,705,873 Total Liabilities $7,699,885 Net Assets $35,005,988         Key Employees and Officers Compensation TIMOTHY KUSSEROW (HEAD OF SCHOOL) $497,942 KENNETH PARR (DIRECTOR OF FINANCE) $252,900 LYNN WAGMEISTER (DIRECTOR OF ADMISSIONS) $179,833 STEVE SPRINGER (PRINCIPAL) $165,555 ROBERT MORIARITY (DIRECTOR OF TECHNOLOGY) $135,833 MAUREEN POLLACK (DIRECTOR OF COMMUNICATIONS) $131,461 RONALD BURWICK (FOURTH GRADE INSTRUCTOR) $112,245             Rory Gardner  President  Pacific Urban Investors  11999 San Vicente Boulevard  Suite 201  Los Angeles, CA  90049  Office     310.474.0514 ext 201  (Cell)      949.439.0557   rgardner@pacificurbaninvestors.com  www.pacificurbaninvestors.com    Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1212 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 1 Vernice Hankins From:Arnold Seid <aseid@ortechnologies.com> Sent:Sunday, May 8, 2022 5:44 PM To:councilmtgitems Subject:Thorpe School EXTERNAL    To whom it may concern,  I have reviewed the descriptions of the proposed plans for construction at the Carl Thorpe School.   I feel that the plans would result in too much increase in noise and traffic at the school. As we all understand the school  is in the middle of a residential neighborhood. The height increase and the increased noise will make the environment  very difficult for the neighbors.   Thank you for your attention to this matter.   Arnold Seid  427 16th Street  Santa Monica. 90402    Sent from my iPhone  Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1213 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 1 Vernice Hankins From:Regina Szilak Sent:Monday, May 9, 2022 6:23 AM To:councilmtgitems Subject:438 San Vicente Blvd. Carlthorp school From: Michelle Greco <mjgreco20@gmail.com>   Sent: Friday, April 22, 2022 4:21 PM  To: councilmtgitems <councilmtgitems@santamonica.gov>  Subject: City Clerk Re: Carlthorp School Appeal    EXTERNAL    Hello,    I live on San Vicente Blvd in between 4th and 7th street on the north side of the street. Nearly everyday my neighbors  and I deal with excessive traffic and parking nightmares due to Carlthorp. It's so bad that I coordinate my day around the  pick up carpool time at the end of their school day. I can't even begin to imagine the added nightmare if their projects  are approved. The construction for a possible 5 year completion date would be incredibly unfair to residents living on  San Vicente Blvd between 4th and 7th street. Please deny this request and put the people first!!     Thank you!    Michelle       Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1214 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 1 Vernice Hankins From:riverfred1@gmail.com Sent:Monday, May 9, 2022 10:15 AM To:councilmtgitems Subject:Item 6.A - Carlthorp School Expansion Vote NO EXTERNAL    Dear Council Members,    The expansion plan as configured will negatively impact the neighborhood. Please do not support this flawed expansion  plan, stop the added noise, dirt, traffic congestion and burden to street parking sought by the Carlthorp School, enough  is enough.    A very concerned neighbor,    Fred alexander  Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1215 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 2 Vernice Hankins From:phillis dudick <phdphillis@gmail.com> Sent:Monday, May 9, 2022 10:10 AM To:councilmtgitems Cc:phillis dudick Subject:ITEM 6-A APPEAL OF PLANNING COMMISSION APPROVAL OF CARLTHROP SCHOOL EXPANSION EXTERNAL    Honorable Mayor Sue Himmelrich and Councilmembers:    After much consideration, I fully support this appeal. While understanding the school's desire to expand, it is extremely  important to consider the impact of this expansion upon residents, including renters, condo and homeowners. This is by  no means a minor expansion for this quiet, peaceful residential neighborhood on San Vicente Boulevard.    In fact, many of us believe reality is telling us that Carlthorp School has already reached its maximum growth for this  parcel of land and should be encouraged to develop an additional site off campus to house some of their programs and  activities.    Is it fair to residents to endure five to seven years of summer construction five days a week?  Is it fair to residents to be  bombarded with the noise factor of a rooftop athletic field five days a week during the school year, regardless of  statements to the contrary?     The projected underground community room will undoubtedly serve as an auditorium for theatre and musical  presentations as well as a special event space, no longer necessitating holding such programs off grounds. Of course,  these activities will bring numerous cars to the area, where parking for residents is already a major concern.    It is my hope that Council will consider peace and tranquility for residents and the inevitable negative impact of traffic  and the taking of parking spaces on our neighborhood streets needed by residents in an already overburdened  situation.     Thank for your attention to the urgent matter.    Sincerely,  Phillis Dudick  San Vicente Resident                            Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1216 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 3 Vernice Hankins From:Paula Kayton <pekayton@gmail.com> Sent:Monday, May 9, 2022 9:08 AM To:councilmtgitems Subject:Item 6.A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd EXTERNAL    I support the appeal for the Santa Monica City Council NOT TO APPROVE the expansion of the Carlthorp School.  The expansion, if permitted, would impact the safety of the students and others in the area.  I live a few blocks away and  think if the council members ever went to the area around 4th and San Vicente when school was letting out and saw the  traffic and the cars lined up they would not approve the expansion to make this situation worse.  In addition, the noise  from the children using the rooftop expansion would lower the quality of life for people living nearby.  Why was additional parking not required on the school grounds if the expansion was approved?  Currently there is a  shortage of parking on the street.  Please APPROVE THIS APPEAL AND DO NOT PERMIT THE EXPANSION OF THE CARLTHORP SCHOOL.  Thank you.  Paula Kayton  722 Adelaide Place  Santa Monica 90402  pekayton@gmail.com    Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1217 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 4 Vernice Hankins From:Jennifer Kramer <jenkramer1@gmail.com> Sent:Monday, May 9, 2022 8:17 AM To:councilmtgitems Subject:Item 6.A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd EXTERNAL    To Whom it May Concern, I had sent the below email a few weeks ago but just received an email with this updated contact so sending another one to ensure it goes to the correct place. Thank you. Best, Jennifer Kramer -------- Jennifer Kramer April 8, 2022 446 San Vicente Blvd Unit 104 Santa Monica CA 90402 To: City Clerk Re: Carlthorp School Appeal 1685 Main Street, Room 102, Santa Monica, CA 90401 Re: Appeal 20ENT-0275 I have lived next door to Carlthorp Elementary School for the past 12 years and I am against the proposed expansion of the school. I am 48 years old and also own a brick and mortar business on Broadway in Santa Monica. That I own a business AND a condo here in Santa Monica leads me to be extremely invested in and involved with my community. I’m concerned that my (and my neighbors') well being and overall enjoyment of life here in the Santa Monica area is being constantly challenged due to the disruptions going on next door at Carlthorp. What was once a pride point (how lucky am I to live next to such a quality high-end, exquisite and Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1218 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 5 established education center?!) is now turning into a deflating and overwhelming feeling of unfortunate circumstances. There is constant traffic and congestion in and around the school on the corner of 4th and San Vicente every morning and every afternoon when school lets out. This traffic and congestion loops way around the corner on the block of Georgina, sometimes all the way down to 7th Street. It’s a mess and I see all of us who live here struggling to access our once peaceful and smooth public city streets. Cars are honking, people are upset, and there is no way to pass along the narrow and quaint 4th street. This congestion is gradually getting worse, as enrollment increases. If the new proposed open-air roof with basketball court and gym classes happen, this will:  Devalue my home  Increase congestion and flow of traffic on our beautiful quaint streets  Elevated amounts of excess outdoor noise, bouncing basketballs, etc  Construction will up to 5 years of peaceful summers away (dust, debris, noise, pollutants, trucks, privacy of our roof deck, etc) I am in favor of making a community stronger and better. While adding additional parking and tripling the playground of the school next door will be great for the school, I wonder if you might put more thought into what happens to the COMMUNITY around it should that happen. Had the proposition been to move the school to a new location (if they truly needed more space), or keep the enrollment where it is to sustain a cohesive and harmonious operation within itself and the community is resides in, or *at a minimum* (I feel I’m stating the obvious but needs to be mentioned): why would they decide to only do construction in the summer if not to avoid having themselves inconvenienced with the noise, pollutants, traffic, etc and yet all those living around the school, THE COMMUNITY, is at the mercy? That doesn’t feel amicable or peaceful. The proposed development next door at Carlthorp will directly impact my enjoyment of living in my home and I am NOT in favor of this project being approved. I support the appeal. Sincerely, Jennifer Kramer   ‐‐     Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1219 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 6 To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.  JENNIFER KRAMER  CLINICAL DIRECTOR    extraction ninja  www.correctiveskincarela.com  To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.   Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1220 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 1 Vernice Hankins From:Lisa Cherry <lchrry@yahoo.com> Sent:Monday, May 9, 2022 12:05 PM To:councilmtgitems Subject:Carlthorp School Expansion EXTERNAL    Hello,     I live a block away from Carlthorp School and it already causes a traffic nightmare on 4th St and Georgina going onto San  Vicente Blvd every weekday. The expand the school would be a disaster and nightmare for our neighhood in many  ways!! A huge disaster that I am willing to fight it ever taking place. And I am not alone All my neighbors feel the same. I  encourage you to vote NO on this matter if you care about Santa Monica and it’s residents.     Sincerely,    Lisa Cherry  310‐663‐9279  lchrry@yahoo.com                Sent from my iPhone  Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1221 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 2 Vernice Hankins From:Sara Johnson <slj2ae@virginia.edu> Sent:Monday, May 9, 2022 11:05 AM To:councilmtgitems Subject:Fwd: Item 6.A - Carlthorp School Expansion Vote NO EXTERNAL      Dear Council Members,     The expansion plan as configured will negatively impact the neighborhood. Please do not support this flawed expansion  plan, stop the added noise, dirt, traffic congestion and burden to street parking sought by the Carlthorp School, enough  is enough.     A very concerned neighbor,     Sara Johnson, San Vicente Santa Monica Resident    ‐‐   Sara L. Johnson  (301) 247‐0408  Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1222 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 3 Vernice Hankins From:Darlene Lancer, LMFT <info@darlenelancer.com> Sent:Monday, May 9, 2022 10:55 AM To:councilmtgitems Subject:Carl Thorpe improvement hearing EXTERNAL  I am a neighbor of the school. Currently it disrupts traffic on San Vicente Bl. and 4th street and limits public parking severely. Any additional office space and limitation of their current parking garage will only add to the current problems that the school is causing. They appear to have closed their parking for office space, which further limits parking to residents. This is not supposed to be zoned for offices, but that is what they are trying to do, and there isn't sufficient street parking as it is currently. Thank you, Darlene Lancer 350 San Vicente Bl. Santa Monica, 90402 Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1223 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 1 Vernice Hankins From:Douglas Brian Martin <doug@douglasbrianmartin.us> Sent:Monday, May 9, 2022 12:39 PM To:councilmtgitems Subject:Item 6.A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd EXTERNAL    Santa Monica City Council,    I live across the street from the Carlthorp School and have put up with the increasing noise and congestion for some  time. What used to be only on school days during school hours now invades the nights and weekends as well. Carlthorp  School student drop off and pick up clog our streets. Lack of parking for staff clogs our neighborhood parking.  Continuous noisy playground activities have had a negative impact of life on San Vicente Boulevard ‐ peace and quiet are  a thing of the past due to Carlthorp School.      Carlthorp School Expansion Plan will make residents endure years of construction noise and filth as well as even more  noise with an elevated playground that will disrupt even further whatever peace and quiet remain in the neighborhood.   Carlthorp School claims there will be no increase in noise while at the same time explaining they will soundproof their  own windows. This nonsense is ignored by the City Staff as they recommend this project over the complaints of  hundreds of residents in the neighborhood.    As our elected officials voted in office to protect the interests of the residents of Santa Monica you should do just that,  protect the residents, not merely the desires of a private run for profit school seeking even more profits at the expense  of the residents with plans, explanations, and arguments even a moron would be able to determine are fanciful and  insulting.    If Carlthorp School can spend millions of dollars on construction for a skyscraper playground and a giant underground  classroom it can afford to revise its Expansion Plan to provide parking for its staff and realistic noise abatement for those  living nearby.    All requests for revision of the existing plans have been ignored by the school and approved by the City Staff. The City  staff is supposed to act in the best interests of the residents of Santa Monica yet appears to be advocating for the  expansion of the school at the expense of community standards and the residents. This is wrong.    Please uphold the appeal and stop this Carlthorp School Expansion Plan as it exists until it is revised to reasonably  protect the residents from noise, filth, and congestion.    Thank you  Douglas Brian Martin  437 San Vicente Blvd  Santa Monica CA 90402  Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1224 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 2 Vernice Hankins From:Richard Michaelsen <richmichaelsen@gmail.com> Sent:Monday, May 9, 2022 12:28 PM To:councilmtgitems Subject:Item 6.A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd EXTERNAL    Dear SM Counclimembers    We reside directly across the street at 435 San Vicente Blvd.    Our household is AGAINST the expansion plans at Calthorp School and we SUPPORT THE APPEAL.    We are lifelong Santa Monica residents and active SM business owners for the last 20 years.    Please help preserve our quality of life which has already diminished significantly over the last decade with out of  control expansion, vagrancy & crime.    Thank you    Richard Michaelsen    Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1225 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente John Nockleby & Lucie White 446 San Vicente Blvd. #207 Santa Monica, CA 90402 Re: Appeal of Conditional Use Permit proposed by Carlthorp School, 438 San Vicente Blvd, Appeal 20ENT-0275 To the Honorable Santa Monica City Council: We reside at 446 San Vicente Blvd. #207, Santa Monica. We write in support of the Appeal of the grant of the Conditional Use Permit requested by Carlthorp School, and respectfully ask the Council to deny the permit. Our objections to Carlthorp’s development proposals can be summarized as follows : 1.The proposed open air basketball court imposes harms on residents 30 feet away that cannot be mitigated despite a facially defective “noise mitigation” study of the current playfield that ignores real-world noise generated by pounding basketballs on an open- air rooftop basketball court. 2.The proposed 5 year timeframe that enables Carlthorp to hold its neighbors hostage for five summers while it raises money from wealthy benefactors depreciates property values through 5 summers of construction dust and noise and greatly impacts the quality of life of the neighborhood. Who we are. We have resided at 446 San Vicente Boulevard for over 25 years. My wife and I live and work 10 feet from school property and 30 feet away from its building and the proposed top floor open-air basketball court. We directly face the East Side of the School and from our second-floor condo look directly onto what is proposed to be the hard surface of the open-air rooftop basketball court filled with 40 excited youngsters pounding basketballs that the School proposes to build atop its current 2 story structure. This proposed arena is so close that it would pose no difficulty for us to toss a basketball from our unit onto the floor of the proposed court. We’re terrified that the noise emanating from this rooftop basketball court 30 feet from our ears will drive us from our home. My wife and I are lawyers, law professors and scholars, ages 68 and 72. During the academic year, I teach at Loyola Marymount University, where my focus is constitutional law, civil rights, torts and social justice. Most of our professional work time is at our home (this is regardless of Covid). We research and write, and have daily online live interactions with lawyers, judges, and, in my spouse’s case, scholars around the world. I hold a live online course that I have taught for over a decade from my dining room table. Our home is our workspace. I also regularly work in my home “office” -- our second floor exterior deck-- located 30 feet from the proposed open-air basketball court. During most of the year, we leave our windows and sliding glass doors open to our deck to receive the welcoming breeze. We do not have air conditioning, and indeed live in Santa Monica to avoid it. Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1226 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Our Westside-facing condo unit directly faces the eastern edge of the School. Our deck overlooks the outdoor ground space between our building and the school, from which we can regularly hear teachers and students conduct classes as their voices are clear and penetrating. The proposed open air, rooftop basketball court filled with 40 youngsters pounding balls will severely disrupt the peace and tranquility of our neighborhood, and is completely inconsistent with the Historic Recognition of our neighborhood. The proposed rooftop open air basketball court configuration allows for dozens of 6th grade students to practice their basketball bouncing skills on a hard surface, their basketball-hurling skills against rigid backboards 8 feet in the air, or their soccer kicking skills against the hard sides of the structure, between 8:00am and 5:30pm, while several coaches holler or blast whistles at any moment. While both my wife and I support education at all levels, and have invariably supported public school bond issues, it is ridiculous for a wealthy private school catering to clientele who don’t have to deal with such disruptions to be permitted to impose such uproar on their neighbors. Carlthorp brings to our neighborhood hundreds of students from wealthy areas, and we are unaware of a single student, parent, nanny, or school employee who will personally be adversely affected by the proposed development. Carlthorp’s proposed disruption is especially true in a building such as ours, located in an Historic District, where an open air, rooftop basketball court comprising 9,000 s/f, nearly 3 times the size of our building’s footprint, is completely inconsistent with architectural standards of our neighborhood. We embrace how the Historic District designation insists that architectural changes to the character of the neighborhood be consistent with that designation. Nothing in an open air rooftop basketball court comes within the area code of Historic Designation. Moreover, over half the residents in our building at 446 San Vicente Blvd are retired and dependent on the peace and solitude of a quiet residential community. Why should older folks and writers who need peace and quiet and have lived in the building for decades be put to further disruption and stress on their daily lives? The alleged “mitigation” study did not include real-world evidence pertaining to the proposed open-air rooftop basketball court The Council have been presented with a so-called “mitigation study” (“Study”) that allegedly considered the potential noise factors that would be experienced by neighbors by the operation of an open-air, hard surface, rooftop basketball court a mere jump shot from our building. The Study authors, employed by Carlthorp to make recordings at a time when Carlthorp could control the noise level, make clear what their sound instruments were set to learn: they “monitored the current playfield for a continuous period of 40 minutes, which included lunch hour.” Putting aside the obvious inference that the School took pains to quiet noise over the lunch hour when the sound recording instruments were deployed, the reality is that the supposed Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1227 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente “sound study” of the current playground has no relevance to the sounds emanating from a rooftop, open air basketball court with 40 excited youngsters pounding basketballs on a hard surface. The truth is, the Study’s purported simulation of conditions did not utilize a single actual, real- world factor, factors that will greatly exacerbate and broadcast the noise emanating from this new structure. Indeed, from the rooftop, the proposed hard surface court will amplify pounding balls, yelling coaches and screeching whistles throughout the entire neighborhood. Here’s what the Study failed to address:  Even though the Study looked at the current play field which employs the deadening effects of artificial turf at a time when students were not using it, the study did not examine the noise level of 40 basketballs pounding against a hard surface, which will be characteristic of the proposed rooftop open-air basketball court.  In looking at the current play field, the Study demonstrated that noise emanating even from sedate lunch hour activities under conditions controlled by the School occasionally exceeded the City’s noise limitations. This is so even with the sound-proofing provided by artificial turf during 40 minutes of a “lunch hour” when many students were eating. The Study did not examine noise levels in the current playfield during actual playtime with coaches yelling and blowing whistles, and students hollering.  The Study did not measure the sounds emanating from a hard surface basketball court by 40 excited 6th graders battering basketballs against backboards, kicking balls against the side walls, from an open-air rooftop court 60 feet in the air.  The Study failed to consider whether a hard surface surrounded by 8 foot walls, would amplify and concentrate rather than deaden, the noise from pounding balls. The Study here failed to address whether pounding basketballs on a solid surface surrounded by solid walls would amplify the raucous noise throughout the neighborhood. Instead of examining the real world noise level of 40 excited youngers pounding basketballs and hitting the side walls of the proposed open air rooftop court, while several coaches were yelling and blowing whistles, the Study inputted irrelevant details (the quiet-time lunchtime data from the artificial turf under the School’s supervision) and drew conclusions unsupported by real- world experience. Moreover, the parameters of the “black box” computer simulation utilized in the “sound study” have never been identified. What this means is that even if the appropriate variables had been inputted into the “computer simulation,” the actual factors that controlled the outcome cannot be examined by others. In short, the so-called “mitigation study” does not include any relevant variables (screaming kids pounding basketballs on a hard surface open air rooftop court while coaches yell and blow whistles), and therefore cannot justify any conclusion that the plastic barriers will actually reduce as opposed to broadcasting sounds throughout our community, disturbing the peace and tranquility of our neighborhood and historic district. Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1228 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente The 5 year development proposal considers only Carlthorp’s convenience and threatens our community for the next 5 years. Carlthorp seeks 5 years to complete its project, utilizing the summer months so as not to inconvenience its school year activities. However, this means that during the hottest months of the year when residents would ordinarily keep windows and patio doors open, the neighborhood can expect the dust and construction noise to destroy the neighborhood’s peace and quiet. It is completely unfair to allow construction activities to take place on Carlthorp’s convenience, and disruptive to the neighbors. In Carlthorp’s current configuration, we tolerate much disruption from noise emanating from the school, along with excited kids yelling, and coaches hollering at the top of their lungs every single afternoon. On a daily basis, we also tolerate lack of nearby parking plus the traffic hazards created by dozens of pricey SUV’s lined up for several blocks surrounding the school and blocking other vehicles during pickup hours. So yes, Carlthorp School already imposes significant burdens on and requires daily accommodation from their neighbors. What we cannot tolerate, however, is an open-air rooftop basketball court 30 feet from our home, filled with 40 or more excited kids drumming basketballs on hard surfaces, with two or three coaches hollering (as they currently do), a mere jump shot from where many in our building are trying to live, read, study, write, or simply to be left alone in peace. Therefore, we strenuously object to any approval of an open air basketball court. We request that peace and quiet be preserved in our historic, R2 zoned community. It’s unfair for a private school catering to wealthy patrons who retreat to their own private domains, and which already imposes significant inconveniences on its neighbors, to be permitted to develop its facilities that so drastically alters the noise level in the neighborhood as to drive older residents and productive citizens from their homes of decades. We support the appeal. Sincerely, John Nockleby Lucie White Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1229 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 1 Vernice Hankins From:Janet Parker <jparker@rpa.com> Sent:Monday, May 9, 2022 4:15 PM To:councilmtgitems Subject:Carlthorp School Proposed Expansion EXTERNAL    Dear Santa Monica City Council,    I live next door to Carlthorp School.  My kitchen window overlooks the playground.  When I first moved in over twenty  years ago the school was smaller.  School ended at 3:00 p.m. and it was peaceful after that. The playground noise now is  overwhelmingly loud and constant due to almost all day recess.  The noise starts full blast in the morning  from 7:45 a.m.  with an assortment of (screaming, whistles, dance music, loud amplified announcements, the coach yelling at the top of  his lungs to instruct the students for the games being played) and does not end until 5:00 p.m.  Sometimes it’s even later  depending on evening events the school has planned. Last Saturday morning their tree trimmers started at 7:25  a.m.  The school acts with impunity and shows no consideration to residents that will be impacted by their activities.      When the last playground expansion was planned Carlthorp promised the neighbors that their noise abatement plan  would mitigate the noise.  It hasn’t.  The wall that they installed with the foliage that was supposed to abate the noise  has blocked the view I used to have and darkened my apartment without accomplishing the purpose that was intended.  The double paned windows that were installed helped slightly but the noise still comes through.  The windows need to  be replaced as the seals have broken over the years.  It’s now so loud that even when I close the windows all day and  run a loud fan it’s still too loud. In order to cope, I have given up spending time in my apartment during the work week.  I  leave in the morning and don’t return until the evening when it’s quiet and I can open the windows to let in fresh  air.  My quality of life has been seriously impacted and diminished.  I can’t imagine how untenable it will be to live there  if their next expansion is approved as is.    Carlthorp now wants to make residents endure years of construction noise and dirt as well as even more noise with an  elevated playground which will further disrupt the peace and quiet of the neighborhood.  Carlthorp claims that there will  be no additional noise.  I don’t believe it based upon past promises that didn’t work out as they said they would.  How  can the City recommend this project over the complaints of hundreds of residents in the neighborhood?  Residents who  would otherwise be happy in their apartments shouldn’t be forced to move and pay double the rent they can’t afford to  pay to avoid their noise or else be miserable.  There are many seniors in the building that can’t leave their apartment  physically or economically.   If Carlthorp School  wants to spend millions of dollars in construction it can afford to revise  their Expansion Plan to provide parking for their staff and realistic (and far more effective) noise abatement.  All  requests for revision of the existing plans have been ignored by the school and approved by the City Staff.  The City staff  is supposed to act in the best interests of the residents of Santa Monica yet appears to be advocating for the expansion  of the school.  This is doing a very real disservice to the residents surrounding the school.  We are imploring you to take  our valid and reasonable concerns seriously.  Please uphold the appeal and stop this Carlthorp School Expansion Plan as  it exists until it is revised to reasonably protect the residents from noise, dirt and congestion.  If the school won’t move  to a larger more suitable location to accommodate their growing population (which would be the most sensible and fair  solution), the least we can ask for is a better plan. Thanks for your consideration.      Janet  JANET PARKER office services administrator   RPA ADVERTISING 2525 colorado ave. santa monica ca 90404 T 310-633-6121 Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1230 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 2 rpa.com       ____________________________    This email may contain information that is confidential or is otherwise the property of RPA or its clients. Any use of this  information for purposes other than that for which it was intended, including forwarding the information to  unauthorized parties or using the ideas or materials contained in this email, may violate U.S. or foreign laws, and is  prohibited. If you received this message in error, please let the sender know and delete the message immediately.   Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1231 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 3 Vernice Hankins From:Margaret Bach <mnlbach@gmail.com> Sent:Monday, May 9, 2022 3:37 PM To:councilmtgitems; Sue Himmelrich; Christine Parra; Phil Brock; Oscar de la Torre; Kristin McCowan; Lana Negrete; Gleam Davis; David White Subject:Fwd: Appeal of CUP for Carlthorp School EXTERNAL    Dear Councilmembers, I am resending the letter I submitted in February, to call attention once again to the serious  issues with the Carlthorp School CUP proposal and to voice my support for upholding the appeal before you tonight.    Please do the right thing for the neighborhood and approve the appeal.    Thank you,  Margaret Bach    ‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐  From: Margaret Bach <mnlbach@gmail.com>  Date: Wed, Feb 16, 2022 at 10:28 AM  Subject: RE: Appeal of CUP for Carlthorp School  To: <councilmtgitems@smgov.net>, <sue.himmelrich@smgov.net>, <christine.parra@smgov.net>, Phil Brock  <phil.brock@smgov.net>, <oscar.delatorre@smgov.net>, <kristin.mccowan@smgov.net>, <lana.negrete@smgov.net>,  <gleam.davis@smgov.net>    To the Santa Monica City Council,  I am writing to express my concern about the proposed plans for Carlthorp School and its application for a Conditional  Use Permit to add additional facilities and improvements to their already highly congested site. The Appeal before you  raises serious, legitimate questions about the school's plans and its impact on the neighborhood.    Three issues must be addressed as you consider the Appeal:    I. What is the threshold beyond which a conditional use, that is, a non‐conforming use, no longer can be justified for  its site. When does a use exceed its envelope. or capacity of the site, without negative impacts to its neighborhood?    2. Has Carlthorp adhered to the conditions of its last approved CUP, which was based on an assumption of a particular  staff size as well as student body size. In 1995, staffing was at 32, it now stands at 80; and the student enrollment,  reportedly, was approximately half of the current 280 K‐6 enrollment, yet neighbors were assured that enrollment  would not increase beyond its then‐current level.    3. Does the current plan meet Santa Monica's code requirements? The school campus is situated on an R‐2 parcel yet  borders an R‐1 district. Do the various setbacks meet code? Does the Multipurpose room constitute a classroom with its  requirements for additional parking? Does the proposed sports use with its 8‐foot walls on the roof of the South building  constitute a third story in an R‐2 district? In short, does the proposed project meet all of the requirements of the Santa  Monica Municipal Code?    Many neighbors of the school have weighed in regarding the impacts on parking and traffic, as well as noise levels, that  are generated by the school. These issues need to be taken seriously by the City if Carlthorp School continues to occupy  Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1232 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 4 its site with its current and proposed uses. Post‐construction mitigation of the rooftop noise is destined for failure, and  the proposed plan does not address the existing neighborhood impacts on parking and traffic.    But ‐‐ in the big picture ‐‐ is it time for Carlthorp to identify another site for its educational program, in its entirety, or a  portion thereof? I understand that this is not the issue before you, but the ongoing debates about the school's proposed  plans suggests that the school's programs, ambitions and physical resources have simply outgrown its site on San  Vicente Boulevard.    I urge you to uphold the Appeal before you and remand the CUP application back to the Planning Commission with  guidelines as to what might constitute an appropriate modification in Carlthorp School's campus plans.    Thank you for your consideration,  Margaret Bach  Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1233 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 1 Vernice Hankins From:Danielle Charney <shineshuge@gmail.com> Sent:Monday, May 9, 2022 5:02 PM To:councilmtgitems; David White; Clerk Mailbox; Susan Cola Subject:6.A. Appeal of PC Approval of CUP for Calthorp EXTERNAL    Please stop the current   Carlthorp School Expansion and uphold the resident's appeal.  This expansion is flawed and abuse to the residents of the area. It will add  noise, dirt, traffic congestion and more burden to the already difficult  street parking issue.    I find it disheartening to have watched the Planning Department staff "do  as told'..by the corporate and wealthy of this City with   zero regard for the quality of life for the residents.  Please start doing it.      Thank you,  Danielle Charney  Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1234 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 1 Vernice Hankins From:Judith Samuel <judithsamuel7@gmail.com> Sent:Monday, May 9, 2022 5:02 PM To:councilmtgitems Subject:Item 6.A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd EXTERNAL    Dear Council Members:    The following issues must be addressed when you consider the Appeal:  1. What is the limit beyond which a conditional use, that is, a non-conforming use, no longer can be justified for its site. When does a use exceed the capacity of the site, without negative impacts on its neighborhood?  2. Has Carlthorp adhered to the conditions of its last approved CUP, which was based on an assumption of a particular staff size as well as student body size. In 1995, staffing was at 32, it now stands at 80; and the student enrollment, reportedly, was approximately half of the current 280 K-6 enrollment, yet neighbors were assured that enrollment would not increase beyond its then-current level.  3. Does the current plan meet Santa Monica's code requirements? The school campus is situated on an R‐2 parcel yet  borders an R‐1 district. Do the various setbacks meet code? Does the Multipurpose room constitute a classroom with its  requirements for additional parking? Does the proposed sports use with its 8‐foot walls on the roof of the South building  constitute a third story in an R‐2 district? In short, does the proposed project meet all of the requirements of the Santa  Monica Municipal Code?    I maintain that the appeal for expansion of Carlthorp will have a negative impact on the neighborhood.  I live on San  Vicente Boulevard between 4th and Ocean Avenue.  Each afternoon a long line of cars is double‐parked on Georgina  and 4th Streets.  This seems to disobey parking codes and disrupts the flow of traffic. If staff grows, there will be a  need for additional parking, impacting residents of the neighborhood.  The ongoing noise of construction will also  impact the livability of residents in the neighborhood.      The Carlthorp School has outgrown its current location.  Because of the wealth of student families, benefactors, and  any school's endowment, the wise decision will be for the school to locate a larger, more suitable location with  adequate grounds for sports and outdoor activities, rather than the proposed one rooftop in a residential  neighborhood.    Sincerely,  Judith Samuel    Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1235 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 1 Vernice Hankins From:info Pioneers&Innovators <pioneers.innovators@gmail.com> Sent:Monday, May 9, 2022 6:06 PM To:councilmtgitems Cc:Carmen Subject:City Clerk Re: Carlthorp School Appeal/ 20ENT-0275 EXTERNAL    My name is Carmen Piccini and I live at  446 San Vicente Blvd.    I strongly object to the School proposed expansion project.  I am asking the Council to reject the proposed  development.       I am concerned about our mental and physical well being. I have some health issues, and this project will affect me  deeply.   In addition, the majority of us were not aware of this proposed development project. The school did not send detailed  documentation of their intentions to us.    Also, the mail during the pandemic was often not delivered and a small flyer can easily get lost with junk mail.        Here are my concerns about this massive proposed development:       Demolition debris, chemicals exposure, bad smell, dust, dirt, trucks, banging, drilling loud sounds and  noisy construction for 3 ‐ 5 years? That is not acceptable.   All of this could cause us some serious chronic health issues. Dust and debris can cause serious eye, nose, and throat  irritation, infection or even asthma attacks. Demolition dust is toxic.  Some chemicals can cause lung problems.  Construction site noise is not only loud, but can also be hazardous to one’s hearing.        None of us will be able to open windows & balcony doors of our home due to all the debris, dust, & noises from  construction & proposed‐baskeball‐court. Are you aware that some of us don’t even have AC in their homes? This is not  acceptable.    The value of our homes will decrease dramatically. At 446 SV, I currently own 2 units.  This project will have a long‐ term negative‐impact of the market value of my 2 units and all my neighbors properties.  Not acceptable!     A basketball court? Who is proposing this? Perhaps they do not care or are oblivious to how far the noise travels. Our  ears will constantly be assaulted by the students screaming, coach yelling, constant pounding of the ball, and the  whistles that go along with the game. I suggest outlawing basketball hoops in neighborhoods where there’s less than  500 feet between houses. A baseball court on a residential area is absolutely NOT acceptable!    The proposed project will further exasperate the traffic problem that already exist due to all the trucks & construction  machinery, making it unbearable for us to access our homes.       Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1236 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 2 Dorothy Menzies who was the Head of Carlthorp School of recent, in her 1986 document, stated and promised the  following: “…the enrollment of Carlthorp school will not increase… and due to the size of the playground, there will be  positively no increase in the future.”  This is a residential area, is it not?  Instead of proposing a plan of expanding which  will be disrupting the lives within this historic neighborhood ‐ perhaps they should consider moving the school entirely.    I am 100% NOT in favor of this project being approved.  United with my neighbors, I strongly oppose to this proposed‐ project.      Thank you.      Sincerely,      Carmen Piccini   Homeowners of two units at San Vicente Blvd.  Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1237 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 1 Vernice Hankins From:Evelyn Lauchenauer <swissmissrealtor@gmail.com> Sent:Tuesday, May 10, 2022 8:15 AM To:councilmtgitems Subject:Item 6.A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd EXTERNAL    Good morning, I am writing to express my concern about the proposed plans for Carlthorp School and its application for a Conditional Use Permit to add additional facilities and improvements to their already highly congested site. The Appeal before you raises serious, legitimate questions about the school's plans and its impact on the neighborhood. Three issues must be addressed as you consider the Appeal: I. What is the threshold beyond which a conditional use, that is, a non-conforming use, no longer can be justified for its site. When does a use exceed its envelope. or capacity of the site, without negative impacts to its neighborhood? 2. Has Carlthorp adhered to the conditions of its last approved CUP, which was based on an assumption of a particular staff size as well as student body size. In 1995, staffing was at 32, it now stands at 80; and the student enrollment, reportedly, was approximately half of the current 280 K-6 enrollment, yet neighbors were assured that enrollment would not increase beyond its then-current level. 3. Does the current plan meet Santa Monica's code requirements? The school campus is situated on an R-2 parcel yet borders an R-1 district. Do the various setbacks meet code? Does the Multipurpose room constitute a classroom with its requirements for additional parking? Does the proposed sports use with its 8- foot walls on the roof of the South building constitute a third story in an R-2 district? In short, does the proposed project meet all of the requirements of the Santa Monica Municipal Code? I think it is time for Carlthorp to select another site for its educational program, in its entirety, or a portion of it. I understand that this is not the issue before you, but the ongoing debates about the school's proposed plans suggests that the school's programs, ambitions and physical resources have simply outgrown its site on San Vicente Boulevard. I urge you to uphold the Appeal before you and return the CUP application back to the Planning Commission with guidelines as to what might constitute an appropriate modification in Carlthorp School's campus plans. Thank you for your consideration, Evelyn Lauchenauer        Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1238 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1239 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1240 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1241 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1242 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1243 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1244 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1245 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1246 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1247 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1248 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1249 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1250 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1251 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 1 Vernice Hankins From:Elizabeth Lerer <elerer@elizabethlerer.com> Sent:Tuesday, May 10, 2022 11:45 AM To:Sue Himmelrich; Christine Parra; Oscar de la Torre; Lana Negrete; Phil Brock; Gleam Davis; Kristin McCowan Cc:councilmtgitems Subject:Item 6.A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of Carlthorp School, 438 San Vicente Blvd EXTERNAL        Dear Mayor and Council Members,    Please take a moment to imagine the windows of your home being within feet of Carlthorp School's playfield in use.  Now imagine doubling the activity and sound. Placing an open‐air rooftop play court on an already overloaded  residential property exacerbates an already intolerable circumstance. Uphold this appeal.     Neighbors of Carlthorp are looking to you for help. Residents of Santa Monica want to be assured you, our elected  council members are protecting our wellbeing and the peace and quiet within our homes.     The Carlthorp School is looking to you to allow them to expand beyond their property and into the homes of their  neighbors. Please stop them.    Carlthorp already dominates the residential street parking and now seeks to compound the parking burden by adding  more cars during sporting and other events. Please stop this.     Carlthorp School has obviously outgrown their property. It is now incumbent on you to protect the neighbors and  neighborhood from Carlthorp School’s avarice and indifference towards neighbors.     Please uphold this appeal.    Thank you.  Elizabeth Lerer  San Vicente Boulevard resident       Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1252 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente May 10th, 2022 Planning Commission Planning and Community Development 1685 Main Street, Room 212 Santa Monica, CA 90401 planningcomment@smgov.net Re: Carlthorp School 19ENT-0250 (Conditional Use Permit) & Minor Modification 20ENT-0066 Dear Planning Commission & Staff, Planning Commission should NOT have approved the Carlthorp School’s Application for additional entitlements and accept the current Appeal, due to: 1) Brown’s Act. The majority of the residents next door at 446 San Vicente Blvd. were not directly notified by the City or Carlthorp School about their modification applications or plans. Please postpone any decisions to allow the residents time to review and comment on Carlthorp’s intentions. 2) Noise impact studies need to be redone since some studies occurred during Covid quarantine times (in May 2020), when the school was not at full student/teacher capacity. Also, the noise levels studies need to be current to reflect the growth in student body over the years and current audible noise levels. The PA systems need to be banned as they exceed the noise ordinance levels and disturb neighbors. Hardscape playgrounds should also be banned due to it’s R2 zoned designation. Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1253 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 3) Carlthorp proposes building a rooftop play court, which would exceed the limitation of two stories in an R2 zone. (See SMMC Section 9.08.030 (Development Standards). Parking from the alley is considered 1st Floor, not basement, the 2nd story is classrooms, 3rd story is the proposed large play court. The 3rd story play court (9,142sf ) would also have walls that would exceed 10ft., thus making it an obvious 3rd story. Hardscape playgrounds should not be allowed due to their noise level. 4) The proposed Basement/Lecture Hall should be considered a classroom if it is used by the students daily or the majority of the school week. This would require additional parking requirements. 5) 1978 Carlthorp had 170 students. Today in upwards of 280 (+65%). Please guarantee that enrollment cannot expand in the future as they intend to expand/renovate the school. 6) Carlthorp is located in the San Vicente Boulevard Courtyard Apartment Historic District, which was designated by the City Council on January 12, 2016. The Landmarks Commission needs to conduct a formal review and revisions BEFORE any approval of the Conditional Use Permit. 7) Enforcement and banning of school associated vehicles parked in the alley beyond the 32 allocated tandem spaces. Thank you for your consideration. Sincerely, Christian Granzow and Inge Granzow 407 Georgina Avenue Santa Monica, CA 90402 Email: cgranzow1@gmail.com Phone Number: (310) 451-2131 Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1254 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente May 10, 2022 To the Santa Monica Planning Commission, The Boys & Girls Clubs of Santa Monica (SMBGC) is proud to endorse the work of Carlthorp School. Carlthorp have been active members of the SMBGC community for many years. The Carlthrop community been extremely generous every year at the holidays providing Thanksgiving meals and dozens of toys every Christmas for our kids and families. Not only have they consistently shown up and done those things for our families every year but they have provided professional development for our staff members. They’ve conducted trainings for our team around English Language Arts instruction and will be offering trainings around Classroom Management, Common Core Math and educational culture and leadership. The mission of the Boys & Girls Clubs of Santa Monica is to enable all young people, especially those who need us most, to reach their full potential as productive, caring, responsible citizens. Its vision is for youth to develop healthy physical and emotional habits, succeed in their chosen educational and career pathways, achieve self-efficacy and confidence, and become leaders in their communities. We feel strongly that Carlthop supports us in achieving the mission and vision of SMBGC and highly value their partnership and thought leadership. Sincerely, Chief Executive Officer The Boys & Girls Clubs of Santa Monica Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1255 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente 1 Vernice Hankins From:Terence Young <terence_young@gensler.com> Sent:Tuesday, May 10, 2022 2:49 PM To:councilmtgitems Cc:asasso@carlthorp.org Subject:COMMUNITY COMMENT FOR MAY 10, 2022 AGENDA ITEM 6A EXTERNAL    IN REGARDS TO AGENDA ITEM 6A 6.A. Appeal of Planning Commission Approval of Conditional Use Permit and Minor Modification for Expansion of  Carlthorp School, 438 San Vicente Blvd Recommended Action Staff recommends the City Council: 1. Deny Appeal 20ENT‐ 0275 and approve Conditional Use Permit 19ENT‐0250 and Minor Modification 20ENT‐0066 for a 7,280 square foot  expansion to the Carlthorp School, rooftop playcourt, and 0.29% increase to the allowable ground floor parcel coverage,  based upon the findings and analysis outlined in this report. 2. Adopt the CEQA Findings in this Staff Report under  “Compliance with California Environmental Quality Act.” Good Evening Councilmembers and community-my apologies for being unable to be present this evening. I address this room as a longtime Santa Monica Resident having purchased my Ocean Park residence in 2000 and have remained inside the city since, and now have a child who will graduate from Carlthorp next year. I have appeared before in support of projects that I feel continue to elevate the built environment in this city towards inclusivity, cultural innovation and resilience. As an Architect and design principal at Gensler, a worldwide design firm focused on walkable cities, I am in support of this project. This is another great example of the city’s balancing act of cultural investment and community sensitivity. The school practices sensitivity towards it’s neighbors, while practicing inclusivity in admissions -holding scholarship fundraising to help make their excellent education available and affordable to the community. Approving the Conditional Use Permit for this innovative expansion invests in quality education for it’s neighbors, could assist the school to continue operations during further pandemic disruptions, and maintain the sensitive fabric of the parkway-like experience of San Vicente. Terence Young Principal +1 213.327.3807 Direct +1 213.327.3600 Main Gensler 500 South Figueroa Street Los Angeles, California 90071 USA   Item 6.A 05/10/22 Item 6.A 05/10/22 6.A.x Packet Pg. 1256 Attachment: Written Comments [Revision 1] (5012 : Appeal Planning Commission CUP and Modification for Carlthorp School, 438 San Vicente