A G E N D A
REGULAR MEETING OF THE PLANNING COMMISSION
OF THE CITY OF
"Populus felix in urbe felici"
WEDNESDAY, FEBRUARY 6, 2019 CITY COUNCIL CHAMBERS
7:00 P.M. ROOM 213, CITY HALL
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PLANNING DIRECTOR'S REPORT:
Information concerning future Planning Commission and City Council Agendas. Update on recent City Council action on appeals, ordinances, development projects, and planning policy studies. Information on recent Architectural Review Board and Landmarks Commission actions. Update on project status and related planning matters.
5. PLANNING COMMISSIONER ANNOUNCEMENTS
6. APPROVAL OF MINUTES: Consent Calendar: Public Input Permitted
6-A. July 18, 2018
7. STATEMENTS OF OFFICIAL ACTION: Consent Calendar: Public Input Permitted
7-A. 401 Montana Avenue, Conditional Use Permit 15ENT-0230; Fence Height Modification 18ENT-0342.
8. PUBLIC HEARINGS: Public Input Permitted
8-A. 826 Second Street; Appeal 18ENT-0265 of Architectural Review Board 17ARB-0320 (Approval). An appeal of the Architectural Review Board’s approval of Case No. 17ARB-0320 for the façade renovation, including changes in colors and materials of an existing four-story, 21-unit multi-family residential building constructed in 1976 and located in the Medium Density Residential (R3) Zoning District. Also approved is the modification and enhancement of the existing landscaping in front of the building within planters and removal of one eucalyptus tree and replacement of the existing tile at the entry/landing/steps. [Planner: Rathar Duong] APPLICANT: Shirin Asgarian, HOA President. APPELLANT: Eileen Carry. PROPETY OWNER: 826 Second Street Homeowners Association.
8-B. 2002-2018 21st Street and 2020 Virginia Avenue; Development Review Permit 06DRP-007, Vesting Tentative Tract Map 06-021, and EIR 09EIR-004. A Development Review Permit to construct a two-story, 22.5-foot high, 19-unit townhouse style condominium project above a semi-subterranean parking level for 43 parking spaces that includes guest parking spaces and long-term bicycle parking. The proposal will combine four adjoining residentially-zoned lots totaling about 28,935 SF and comprised of 15 units in six, one-story apartment buildings and three garage structures located on the southwest corner of Virginia Avenue and 21st Street within the R2 (Low Density Residential) District. The replacement project requires demolition of all existing buildings on site. The proposed project is vested and has the right to proceed under the 2006 Zoning Ordinance. Pursuant to SMMC Section 9.04.08.06.060 (h) and Table 9.04-2 of the 2006 Zoning Ordinance, a Development Review Permit is required for projects exceeding 15,000 SF of floor area in the R2 District. The project encompasses approximately 27,370 square feet of development. A Vesting Tentative Tract Map to facilitate airspace subdivision and create 19 market-rate, for sale condominium units. Pursuant to SMMC Section 9.20.02.090 of the 2006 Zoning Ordinance, the Planning Commission is the responsible authority to review and approve, conditionally approve, or deny tentative subdivision map applications. Certification of a Final Environmental Impact Report (09EIR-004) and adoption of a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations will be necessary because the Environmental Impact Report (EIR) found that the project will have significant and unavoidable impacts related to cultural resources and construction-related groundborne vibrations. The Final EIR includes responses to comments as well as minor revisions to the Recirculated Draft EIR. The Recirculated Draft EIR was prepared and released for a 45 day public review period beginning on March 13, 2018 and ending on April 27, 2018. All other potential impacts can be mitigated to a less than significant level. The public hearing for this project was opened by the Planning Commission on May 28, 2014 and continued for further discussion. [Planner: Rathar Duong] APPLICANT: Park Virginia, LLC. PROPERTY OWNER: Park Virginia, LLC.
8-C. Proposed Amendments to the Text of the Zoning Ordinance for Land Use Regulations Related to Fortunetelling; an Amendment to the Official Districting Map for 1411 Cloverfield Boulevard; and Changes, Corrections, and Clarifications to the Text of the Zoning Ordinance Related to Policy Issues That Have Arisen Since the Adoption of the Zoning Ordinance through Its Implementation. A public hearing will be held by the Planning Commission to consider a Resolution recommending to the City Council the adoption of an Ordinance recommending amendments to the text of the Zoning Ordinance for land use regulations related to fortunetelling; an amendment to the official Districting Map for 1411 Cloverfield Boulevard changing the zoning from Low Density Residential (R2) to Mixed-Use Boulevard Low (MUBL) to create consistency with the current Land Use and Circulation Element designation for the parcel; and changes, corrections, and clarifications to the text of the Zoning Ordinance related to policy issues that have arisen since the adoption of the Zoning Ordinance through its implementation. [Planner: Tony Kim]
9. DISCUSSION: Public Input Permitted
9-A. Discussion and possible recommendation to City Council on potential amendment to the Affordable Housing Production Program (AHPP) set forth in SMMC Chapter 9.64 to temporarily remove the option for a development to satisfy its AHPP obligation by providing five percent of the project’s total units to households earning no more than 30 percent area median income.
10. WRITTEN COMMUNICATIONS: None.
11. FUTURE COMMISSION AGENDA ITEMS
Opportunity for suggestions from Commissioners regarding future discussion items, speakers and requests for information.
12. PUBLIC INPUT:
Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. Please note that State law prohibits the Commission from taking any action on items not listed on the agenda, including issues raised under this agenda item.
Please note that this agenda is subject to change up to 24 hours prior to the scheduled meeting. We encourage you to check the agenda 24 hours prior to the meeting.
City Hall and the Council Chambers is wheelchair accessible. If you have any disability-related accommodation request, please contact (310) 458-8341, or TDD Number: (310) 458-8696 at least three (3) days prior to the meeting. All written materials are available in alternate format upon request.
Please turn-off or set your cell phone to vibrate while in the Council Chambers.
Santa Monica “Big Blue” Bus Lines #1, #2, #3, Rapid 3, #7, and #9 service the City Hall and the Civic Center. The Expo Line terminus is at Colorado Avenue and Fourth Street, a short walk to City Hall. Public parking is available in front of City Hall and on Olympic Drive and in the Civic Center Parking Structure (validation free).
CITY PLANNING COMMISSION
Amy N. Anderson, Commissioner
Mario Fonda-Bonardi, Chairperson
Nina Fresco, Commissioner
Leslie Lambert, Vice-Chairperson
Shawn Landres, Commissioner
Richard McKinnon, Commissioner
Jason Parry, Commissioner
David Martin, Director of Planning & Community Development
Roxanne Tanemori, AICP, Acting City Planning Division Manager
Francie Stefan, AICP, Mobility Division Manager
Heidi von Tongeln, Deputy City Attorney
Kyle Ferstead, Commission Secretary
The Planning Commission considers a range of requests for development permits, appeals, and planning policy matters, and conducts public hearings on many of its agenda items. Due to the number, complexity and public interest associated with many agenda items, meetings of the Commission are generally lengthy. The Commission makes every effort to proceed as expeditiously as possible; your patience and understanding is appreciated.
PUBLIC HEARING PROCEDURES on each public hearing item include ex parte communication disclosure by the Commissioners; presentation of a staff report; Commission questions of staff; a fifteen (15) minute presentation by the project applicant or applicant’s representative or team, if any; Commission questions of the applicant; three (3) minutes for each member of the public wishing to speak to the item; three (3) minutes for project applicant to respond to the public or clarify issues raised by the public; Commission deliberations and decision. For an appeal, the appellant, if not also the applicant, has fifteen (15) minutes to address the Commission prior to the applicant speaking and three (3) minutes to respond to public comment.
SPECIAL TIME LIMITATIONS. The Commission may limit the time of individual speakers or the total time on a particular issue. If there are more than seven (7) speakers requesting to speak on an agenda item, or if twenty (20) or more persons have requested to speak on any combination of items, the project applicant or appellant on any agenda item shall be limited to ten (10) minutes initially and three (3) minutes in rebuttal. Members of the public are permitted three (3) minutes to address the Commission except as follows: if a member of the public requests to speak on more than one agenda item, the time will be three (3) minutes for the first item and two (2) minutes for any other item unless the Commission grants by a majority vote additional time.
REQUESTS TO SPEAK on an agenda item must be submitted on a speaker's request form (“chit”) and submit it to the Commission secretary. All requests to address the Commission on public hearing items must be submitted prior to the Commission's consideration of the item.
ASSIGNING OF TIME for members of the public wishing to speak to an item is permissible within specified limits. A "representative speaker" may be allowed one additional minute of speaking time, to a maximum of five (5) additional minutes [hence, eight (8) minutes total] for each person actually in attendance who assigns his or her right to speak via a request to speak form to the "representative speaker." The project applicant, applicant’s representative or team of representatives (which may include the project architect, attorney, facilitator and all other representatives of the applicant), shall be allowed a total of fifteen (15) minutes initially and three (3) minutes in rebuttal.
PRESENTATIONS BY MEMBERS OF THE PUBLIC should begin with the speaker stating his or her name and address for the public record followed by a statement regarding the item under consideration. Please speak to the Commission as a whole.
PROFESSIONALS APPEARING BEFORE THE COMMISSION should clearly identify their status, such as "attorney", "paralegal", "architect", "designer", or "landscape architect". Instances of misrepresentation of professional status may be referred to the City Attorney for possible prosecution.
DEVELOPMENT PROJECT FILES AND PLANS. The project file and project plans regarding any development application on this agenda are available at the City Planning Office, Room 212, located at City Hall, 1685 Main Street, Santa Monica. Staff reports are also available at the Planning Commission webpage:
WRITTEN MATERIALS, LETTERS AND E-MAILS regarding agenda items should be submitted to the City Planning Division staff prior to the Commission meeting. All written materials, including e-mails, will be forwarded the Commission Secretary for inclusion in the public record and, if received by noon on the Monday prior to the Wednesday public hearing, shall be forwarded to the Commission in advance of the meeting. Late submissions will be place on the dais on the night of the public hearing, but might not be reviewed by the Commission.
EX PARTE COMMUNICATION DISCLOSURES. During the pendency of any quasi-judicial proceeding, no member of the Planning Commission may engage in ex parte communications with applicants, appellants or members of the public with respect to the matter which is the subject of the proceeding unless that member of the Commission discloses such communication. Prior to each quasi-judicial agenda item each Commissioner must place on the record the subject and substance of any written or oral ex parte communication including the identity of the person, group or entity with whom the communication took place.
TIME LIMITATION ON CONSIDERATION OF NEW ITEMS. The Commission shall not commence consideration of a new item on its agenda after 11:00 p.m. unless otherwise required by State or local law or unless otherwise determined by a majority vote of those Commissioners present.
CONSENT CALENDAR items will be acted upon by the Commission at one time without discussion unless a Commissioner requests discussion on an item or a member of the public has submitted a request to speak on an item. If such a request is made, the item will be heard after the balance of the Consent Calendar has been voted upon.
ACTION BY THE PLANNING COMMISSION on most matters occurs with the affirmative votes of at least four Commissioners.
DESIGN ASPECTS OF PROJECTS considered by the Planning Commission must also be approved by the Architectural Review Board. For more information on this process, contact the City Planning Division.
APPEALS of certain actions of the Commission are appealable to the City Council. The appeal period is generally ten to fourteen days from the date of the Commission’s action For specific information on appeals, please contact the City Planning Division.
For more information regarding the Planning Commission agenda or development permit procedures and standards, please contact the City Planning Division at (310) 458-8341.
Copies of agendas and staff reports are available on the City’s Home Page on the World Wide Web using the following address: www.smgov.net or http://www.smgov.net/Departments/PCD/Boards-Commissions/Planning-Commission/
The goal of instituting the Resolution 10642 (CCS) is to “safeguard participatory democracy in Santa Monica,” and this is presented as 6 points:
o Exercise self-control
o Give open-minded consideration to all viewpoints
o Focus on the issues and avoid personalizing debate
o Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions