Planning Commission Report - Santa Monica · 2019. 1. 16. · Planning Commission Report 1 Planning...

Planning Commission Report

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Planning Commission Meeting: January 16, 2019 Agenda Item: 10-A

To: Planning Commission

From: Jing Yeo, City Planning Division Manager

Permit: 15ENT-0230 (Conditional Use Permit), 18ENT-0342 (Fence Height Modification)

Address: 401 Montana Avenue

Applicant: Aesop Montana, LLC (The Rainbow Garden)

Subject

Construction and operation of a non-profit learning center with a 2,284 square-foot building with rooftop garden, a 107-square foot shed, and approximately 10,000 square feet of ground level garden for the purpose of educating pre-school and school-aged children about organic gardening and healthy food choices. Seven parking spaces and four short-term bike parking spaces are provided. A fence height modification is requested to allow a four-foot high, framed wire mesh fence in the front yard area.

Zoning District R3

Land Use Element Designation Residential Multiple Unit

Parcel Area (SF)/Dimensions 16,125 | 150x107.50

Existing On-Site Improvements Multi-family apartment building (currently vacant)

Rent Control Status Ellis Act process completed. All units are vacant.

Adjacent Zoning Districts & Land Uses

Corner lot; single-family residential use with rear accessory dwelling unit above garage across alley (northwest); 2-4 story medium density multi-family uses on other sides.

Historic Resources Inventory Not listed on the HRI

Site Location Map:

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Recommended Action

Approve Conditional Use Permit 15ENT-0230 and Fence Height Modification 18ENT-0342 per the attached findings and conditions.

Executive Summary

The applicant requests approval of a Conditional Use Permit (CUP) for a school use on this R3-zoned residential property. The subject site is a 150’ x107.50’ corner parcel (16,250 square feet) located on the northeast corner of Montana Avenue and 4th Street. The parcel is bordered by two streets and an alley, with single-unit and multi-unit residential uses on all sides. The proposed project would replace the existing, vacant 18-unit apartment building and garage structures with a new 2,284 square-foot learning center with rooftop garden, a 107 square-foot tool shed, and a ground-level garden of approximately 10,000 square feet. The “Rainbow Garden” will be an informal educational facility serving pre-school and school-aged children. The proposed site plan includes seven parking spaces and a screened resource recovery and recycling area accessed from the rear alley. Four bike racks are also provided adjacent to the vehicle parking. Long-term bike parking and a loading space are not required as the proposed development contains less than 2,500 square feet. The applicants are also requesting a front yard fence height modification in order to allow a 48” high fence along Montana Avenue and the front 20’ of 4th Street, 6” higher than the 42-inches allowed by right. The proposed fence is framed wire mesh; the fence height along the street side yard portion of 4th Street is proposed at eight feet as allowed by the Zoning Code.

Conditional Use Permit and Fence Height Modification

The subject property is located within the R3 District, where schools are conditionally permitted. A Conditional Use Permit is intended to allow for uses that can be consistent with the underlying zoning district, but require special consideration to ensure that they do not interfere with the use and enjoyment of surrounding properties. Pursuant to SMMC Section 9.41.060, a Conditional Use Permit shall only be granted if the decision-making body determines that it is possible to make all findings in the affirmative for the project, as submitted or modified. These findings generally confirm compatibility with surrounding uses; that the property and physical location of the improvements relate harmoniously to the subject and neighboring properties; and that the use does not have potentially significant impacts that would be detrimental to the health, safety, convenience or general welfare. The applicant has also requested a Fence Height Modification in order to allow a 48” (4’) fence in the front yard, where a 42” fence is the maximum height allowable. The fence modification criteria are intended to ensure that the fence will be compatible with neighboring barrier structures and will address a specific issue of safety or impact from neighboring land uses. The criteria also seek to ensure that the fence will not be

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detrimental to nearby improvements and will not impair the integrity and character of the neighborhood. As detailed in this staff report and in the draft Statement of Official Action (Attachment B), staff believes that all of the required findings for the conditional use permit and fence modification can be made in the affirmative for the proposed project with the inclusion of specific operational conditions as recommended.

Background

The subject Conditional Use Permit application was submitted on April 16, 2015. It was deemed incomplete and remained inactive for an extended period. Following provision of additional information, staff reviewed the appropriate land use, parking and loading requirements for this unique proposal, determining that as a land use it most closely aligns with the Code definition for a school use. In terms of its operational needs, because the proposed use is not specifically listed in the table of off-street parking requirements, pursuant to SMMC Section 9.28.060, the proposed use was deemed to most closely align with the parking and loading requirements for a cultural facility. The school use is conditionally permitted in the R3 Zoning District. Following plan modifications, provision of additional information, and submittal of a Fence Height Modification request, the application was deemed complete on December 6, 2018. During the intervening period, the previously existing residential rental use was removed, following City Rent Control procedures in compliance with the Ellis Act. Staff has received periodic inquiries from neighbors, and Code Enforcement has addressed complaints that were filed regarding site maintenance during this extended vacancy period. Demolition Permit Review

The proposed project includes demolition of existing structure that are over 40 years of age. The subject property is not listed in the City’s Historic Resources Inventory (HRI). Pursuant to Santa Monica Municipal Code (SMMC) Section 9.25.040, a permit to demolish the existing improvements cannot be issued until all requirements of SMMC Section 9.25.040(E) are met. The demolition application was filed on October 31, 2017. On December 11, 2017, the City’s Landmarks Commission reviewed the demolition permit. No application for a Landmark, Historic District, or Structure of Merit was filed within the 75-day waiting period. Project Description

The applicant proposes to demolish existing structures and build a 2,284 square foot Learning Center focused on organic gardening with approximately 10,000 square feet of ground level garden and a rooftop garden. Seven parking spaces and four short-term bike parking spaces are provided.

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Height (feet) Flat roof at 19’7” height

# of stories 1

Lot coverage 14.8%

Vehicle parking 7 surface parking spaces

Bicycle parking Short term (commercial use standard) Long term (exempt)

4 short-term bike racks N/A

Loading N/A

Fence height Fence modification requested for proposed 48” (4’) high fence that exceeds 42” max.

As stated in the applicant’s detailed project description (Attachment C), inspiration for this project came from the Alice Waters’ Edible Schoolyard project, which has coexisted for 20 years with a Berkeley, CA, public school. In this case, the garden is not proposed to be co-located with a school and instead would be available to serve groups coming from nearby childcare and pre-school facilities as well as classes of school-aged children. The application describes the Rainbow Garden as:

A non-profit teaching facility and garden for the education of young school children in the growing of organic fruits and vegetables, and the benefits of cooking and eating local seasonal produce. The Rainbow Garden will employ a teacher who will initially provide lessons to visiting local students, preschool aged to 3rd grade. The lessons will relate to organic gardening, such as vermicomposting, digging, seeding, growing and maintaining plants, and harvesting the produce. The curriculum also includes using the produce to teach the students how to create healthy, delicious meals from food grown in the garden… Curriculum can include: an ABC Garden and incorporating 26 flowers and plants beginning with each letter of the alphabet; a Scratch and Sniff Garden to discuss the scents and senses; a Rainbow Garden to incorporate colors and develop art projects.

The applicants plan to hire a teacher/garden specialist who will develop a curriculum for the garden learning center and work with visiting classes from nearby schools and pre-schools. Generally, they expect to initially hold classes during typical school days and hours, Monday-Friday, hosting one class at a time, although multiple, smaller classes may be combined at times as well. The applicants expect the concept to develop over time, so the number of groups per day may start out small and grow as interest increases. The applicants have also requested flexibility in order to be able to add programming on the weekends as well. These classes, which may be in conjunction with a school or generated by the Rainbow Garden itself, could provide further educational opportunities to the community. As further discussed in this report, staff has proposed conditions that would limit the hours of operation and total number of children. The school use may also include open houses for parents and families to see what their children have been learning. The learning garden staff may also hold teacher training to support the program they offer the students. These are both customary school activities and, as discussed more fully in this report, would be allowed as part of the learning

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center’s program. As a non-profit, the applicants also expect to use the site for some other activities. Non-profit organizations typically have boards of directors that meet regularly or occasionally, and other events to raise funds or connect with supporters. These non-educational events are considered to be additional to the school use, and are proposed to be permitted with limitations. The applicants have proposed to allow four events per month for a total of 48 events annually, with three on a smaller scale and one large-scale event. As discussed below, staff has proposed more limitations on special events in the draft Statement of Official Action. Some of the planned garden features include an underground cistern for water capture and irrigation use, a chicken coop, tool shed and raised planter beds. Plan renderings also indicate fruit trees that may be interspersed with the vegetable gardens. However, details of the garden design are still pending and would be provided as part of the ARB application materials. A rooftop garden would be accessed by an exterior staircase. The applicants propose to place a 4-foot high perimeter fence along Montana Avenue and in the front yard setback area along the front 20 feet of 4th Street made of galvanized welded wire mesh supported by grey painted steel frames. The fence is six inches higher than allowed by the Zoning Code in the front yard, and a fence modification is requested herein. Along the rest of 4th Street, the street side yard setback, an 8’ high fence or wall is proposed, as allowed in the Zoning Code.

Project Analysis

The proposed garden learning center is a unique school use that will offer opportunities for local childcare centers and school classes to enrich their educational programs with experiential learning about organic gardening, nutrition and healthy eating. The garden may be used for family education through open houses related to the lessons being taught to students. The Rainbow Garden’s focus on sustainable food education supports the City of Santa Monica’s Sustainable City policies and programs aimed at encouraging the community to adopt more sustainable lifestyles.

Project Design & Site Planning The proposed site plan orients site access and the learning center structure toward the rear of the property, with the building located near the north property line that abuts an alley (Montana Place). The building stands between the surface parking accessed from the alley and the garden. The garden, in which much of the learning activity will also take place, occupies the largest portion of the property. A roof garden provides additional growing area that may be accessed by participants and staff. Surrounding the garden and facing the surrounding street, the applicant proposes privacy screening with landscaping up to the property lines. The landscape plan is diagrammatic at this stage and will be fully developed for the ARB submittal. An entrance gate on 4th Street leads to the building, with a second entrance from the rear parking area, where bike parking is also located. The subject property is a highly visible corner, and the now-vacant residential building is L-shaped, opening toward the corner

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to provide a landscaped viewpoint from the street. The proposed use provides a low scale building with substantial planting areas that provide an opportunity for a continued open view of the site from Montana Avenue.

Building and Landscaping Design/Architectural Concept The proposed one-story building is designed as a large central learning space with metal siding, aluminum-framed glass doors, and metal railings and mesh screening. It is proposed as a quiet backdrop to the garden with a light material palette. A signature feature is the system of sliding glass doors that open toward the garden to create a large opening that merges the indoor and outdoor spaces together. The rear elevation includes primary and secondary entrance doors and a bank of windows that break up the surface of the box. The 4th Street elevation has one large window that provides light into the entry

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area. The rest of the wall is not articulated. As proposed, this wall would not be generally visible from the street due to an 8’ high perimeter wall or fence. While typically a project is defined by its primary structure with landscaping as a secondary element, in this case, it is the garden that dominates the site plan. Although the landscape plan for the garden and perimeter landscaping have not yet been fully developed, the application describes a concept that includes raised planters along with a composting center, a chicken coop and a tool shed. The application did not specify the number of chickens anticipated to be kept, but the applicants must comply with SMMC 4.04.090, which allows a person to keep a maximum of 13 fowl. The rendering below shows the view with open fencing from Montana (shed and chicken coop are not rendered).

A special project condition advises the Architectural Review Board to consider the integration of the building and garden as a complete concept. Additionally, the fencing design to be proposed will greatly influence whether the project presents to the surrounding neighborhood as an aesthetically pleasing garden or as a hidden garden behind hedges and walls, particularly along the 4th Street elevation. The proposed condition asks the ARB to pay particular attention to ensure a pedestrian-friendly presence along both street elevations. Parking & Access

Vehicle Parking

Surface parking for the use is provided with access from the alley (Montana Place). A parking summary based on SMMC 9.28.060 is provided in Table 2 below:

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Use Vehicle Parking Requirement Provided

Cultural Facility 1 space/300 sf

1,963 + 100 = 2063 sf (measure by interior dimensions)

X 1/300 = 6.9 = 7 spaces

2 ADA Accessible 5 Standard Size

As noted above, the unusual nature of this project called for interpretation of the Zoning Code’s parking requirements because typically school parking is calculated based on a traditional layout with classrooms. In contrast, this non-traditional school facility has only one classroom but does not operate as a one-room schoolhouse with a typical morning-afternoon drop-off/pick-up pattern. Rather, the anticipated travel pattern involves groups of children arriving and leaving throughout the day, each accompanied by their own teacher(s) and chaperones. Looking at this operational paradigm, pursuant to SMMC Section 9.28.060, the Director concluded that the proposed project will operate in a similar manner to a cultural institution that receives school groups on field trips, and typically other visitors either by reservation or on an open basis (note: the Rainbow Garden will not be open to the public on a drop-in basis). Based on this interpretation, seven parking spaces were required as calculated above. Loading spaces were not required per SMMC 9.28.080.E.2(a) because the building has less than 2,500 square feet. This parking requirement should be sufficient for the typical operational needs of the facility, which is expected to have two employees present at any given time on a typical day. Although two ADA spaces are shown on the plans, only one is required, so the other could be changed to a wider, standard space to accommodate vans or small buses bringing school groups.

Bicycle Parking

Code requirements specify that a minimum of four short-term bicycle parking spaces be provided for this use. Long-term bike parking is not required because the project has less than 2,500 square feet. The project meets the bicycle parking requirement as detailed in Table 3 below:

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Use Bicycle Parking Requirement Provided

Commercial 2063 square feet

Long-term None required for <2500 sf Short-term: 1 space per 4,000 sf; minimum 4 spaces.

0 4 spaces

0 4 spaces

As shown above, the proposed number of bicycle parking spaces complies with the minimum requirements of the Zoning Ordinance. Short-term bicycle parking is proposed to be located next to the vehicle parking area with access from the alley near an entrance into the facility. The final design, number, and location of short-term bicycle parking spaces will be reviewed by the City’s Mobility Division for compliance with Zoning Code requirements as part of the plan check process prior to the issuance of building permits.

Access

The proposed use is expected to have a small number of employees, as discussed above. Those that drive to the site and park on the premises will likely have one trip to the site daily. In addition, school and pre-school groups will arrive and depart at different times throughout the day, unloading children and adult chaperones and teachers when they arrive and loading them back in at the end of their class. The alley, known as Montana Place, is used for access by a large number of residential and commercial properties on Montana and Palisades Avenues between 4th and 7th Streets, so proper design and considerate use that does not block the alley are important factors in ensuring that the proposed use is compatible with the surrounding area. In compliance with Mobility standards, parking spaces off the alley require an additional five feet of back-up space, providing plenty of area around the car for this activity, as well as better visibility for drivers when backing out to the alley. The parking lot is also inset from the corner of 4th Street to avoid potential conflicts with cars entering into the alley. Alternatively, cars may back into spaces, parking in a head-out position. Although the Rainbow Garden staff may not be present every time a visitor arrives at the parking lot, Condition #12 makes the garden management responsible to ensure that drivers of visiting groups are aware of and comply with parking and loading procedures as approved by the City. Conditional Use Permit

School uses are conditionally permitted in the R3 Zoning District. As described above, the proposed use is not a typical school format. Staff analyzed the applicant’s proposal and identified several potential points of conflict with the neighborhood that require mitigation through conditions of approval as set forth in the draft Statement of Official Action (Attachment B). The key concerns are potential noise impacts on neighbors, potential interference with alley access, and ensuring that a mechanism is in place to

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rapidly address unanticipated problems should they arise. The objective of the conditions is to facilitate the non-profit’s purpose in providing an amenity to the community while ensuring that neighbors experience the use as an asset that blends into and enhances the neighborhood. In summary, the draft conditions of approval restrict activity to ensure that the center’s operations avoid disturbing neighbors due to noise, circulation, and parking. The use is designed with a buffer (an eight-foot wall) separating it from the apartment building immediately to the east. Other surrounding single- and multi-unit residential uses are separated from the learning center by streets or an alley, providing some additional buffer from the use. Through the draft conditions, staff recommends a framework, which the applicant has accepted, that allows the use to begin at 8:00 am on weekdays and 9:00 am on weekends, in both cases ending by 6:00 pm. Staff’s recommended conditions of approval restrict hours of operation and total number of children present at one time (40 maximum recommended) to provide a flexible framework for the learning garden to serve its mission while remaining compatible with the neighborhood. As discussed above, the parking design complies with City mobility standards that require on-site maneuvering area and clear visibility to avoid conflicts with alley traffic. The site plan includes adequate on-site area for resource recovery/recycling so that receptacles are not placed in the alley on collection days. In addition to direction to the ARB as discussed above, some of the key conditions of approval include:

Restriction of the property to the educational use as proposed, including defining the activities that are considered to be a customary component of the school use (Condition #2);

Limitation to a maximum of 40 children on the premises at one time (Condition #3);

Hours of operation limited to 8:00 am - 6:00 pm on weekdays, which is generally consistent with childcare uses allowed in residential areas, and from 9:00 am – 6:00 pm on weekends (Condition #4);

Restriction on the non-school uses that may be allowed, including meetings of the non-profit board and up to 12 Small Special Events and two Large Special Events per year (see additional discussion below) (Condition #5);

Compliance with the Municipal Code in regard to noise and keeping of any animals on the site (Conditions #6 and #7);

Conditions to reduce potential noise through prohibiting outdoor bells or amplified sound and prohibiting outdoor cleaning using loud equipment between 7:00 pm and 8:00 am (conditions #8 and #9);

Identification of an on-site contact person to handle any issues that may arise (Condition #10;

Submittal of a plan for approval by the Mobility Division outlining the applicant’s procedures for ensuring that visiting groups park and/or load on-site in a safe manner that avoids inconveniencing neighbors. Instructions for parking and

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loading must be provided accordingly as part of the materials given to groups in preparation for their visits (Condition #12).

Special Events

Staff’s recommendation for special events at the facility differs from the applicant’s request to be allowed three “small” events and one “large” event monthly, for a total of 36 small and 12 large events annually. An event is any activity other than the primary school use as discussed above, whether it happens during regular operation hours or outside of operational hours. The applicant proposed to define the event size by parking expectation of whether the on-site parking would be sufficient.

Staff believes that a potential 48 events unrelated to the primary purpose of educating school children may cause the use to become incompatible with the surrounding residential neighborhood. However, it is reasonable to allow this non-profit organization to utilize its facility for some activity related to the stewardship of the organization to work towards its mission of providing the garden for community education. Condition #5 specifies that the Rainbow Garden may hold board meetings of its non-profit organization at the site as well as 12 Small Special Events and two Large Special Events annually. Small Special Events are defined as those with up to 15 participants, including staff, while Large Special Events are anything larger. Special events may take place during or after regular hours of operation; however, these events must conclude by 10:00 pm Sundays through Thursdays, with use of the outdoor area prohibited after 9:00 pm. On Fridays and Saturdays, events must conclude by 11:00 pm, with use of the outdoor area prohibited after 10:00 p.m.

Large special events require submittal of a written request to the City Planning Manager to be reviewed pursuant to reasonable conditions and required findings in SMMC Section 9.44.030 and 9.44.040 for temporary use permits. No fee will be charged for the review. While it is not proposed to require City approval for small events, the condition requires the Rainbow Garden to maintain a log of these events and provide it to City staff upon request. Staff believes that the recommended limitations on non-school uses will maintain the compatibility of the use with the surrounding neighborhood.

Fence Height Modification

A 4-foot high (48”) fence in the front yard setback area has been proposed in order to design the facility for the safety of pre-school groups. The applicants would like the fence to meet standards typically required by the State for pre-schools because they expect to host may pre-school groups in the garden (although this will not be a State-licensed childcare facility). The proposed fence will consist of grey, steel-framed, metal mesh. The additional 6” does not significantly change the perceived character of the garden’s openness from the pedestrian viewpoint on Montana Avenue and the front yard setback area on 4th Street. The surrounding properties on Montana Avenue and 4th Street generally have open front yards with some low-scale landscaping. The adjacent apartment building (415 Montana Avenue) has a 6-foot high hedge and wall that exceeds the Code in the front yard setback

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area. A Fence/Wall/Hedge registration was submitted for the property on November 15, 2007 for the 6-foot high wall that surrounds a front yard swimming pool. As this is the only adjacent property on Montana, the proposed modification will be compatible with the established street character. Outside of the front yard the 4th Street frontage is considered to be the street side yard, and a maximum of eight feet in height is allowed for side yard fences. The modification is not applicable to this portion of the fence. When reviewing the project design, the draft conditions request that the ARB consider the fence materials as a component of the overall building and landscape design proposal and review the relationship between the project and pedestrians on both street frontages. Zoning Code Compliance

The proposed project is located in the R3 (Multi-Unit Residential) District, which establishes property development standards that govern height, lot coverage, and setbacks of the proposed building. There are only a few non-residential uses allowed by Conditional Use Permit in this district, including schools. The proposed Garden Learning Center is a non-traditional school for visiting groups of children that most closely fits into this definition. Since the school is not a traditional configuration with classrooms as anticipated in Chapter 9.28 (Parking), the Director has interpreted the parking standard to be based on the Cultural Facilities requirement (1 space/300 square feet). Standard residential height, required yards, and lot coverage for the R3 District apply. The Zoning Code does not contain any specific use standards for schools. Although the front yard fence exceeds the permitted 42” maximum height, a fence height modification has been requested as discussed above. Attachment A to this staff report contains a detailed review of applicable development standards for the proposed project, concluding that the project complies with the Zoning Code.

Land Use and Circulation Element (LUCE) / Specific Plan Consistency

The project is located in an R3 Multi-unit Residential District in the LUCE. This LUCE describes this district as residential, and identifies some uses as being potentially compatible with residential uses if conditioned appropriately. The proposed school use is in this category, and the draft Statement of Official Action includes appropriate conditions to avoid negative impacts on surrounding uses. The proposed development is also consistent with other goals, objectives and policies in the LUCE. Specifically, LUCE Neighborhood Policy N1.3 calls for “creat(ing) active places in existing neighborhoods to promote sociability and human interaction.” The proposed garden learning center will serve children throughout the city and as such creates a center to promote sociability and interaction. In addition, the proposed gardens will add green space and foster community interest in organic gardening, consistent with LUCE Chapter

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3.1, which seeks to promote sustainability objectives through increasing the number of community gardens. Environmental Status

The project is exempt from CEQA pursuant to CEQA Guidelines Section 15303 and Section 15304. Section 15303 exempts a class of projects (Class 3) consisting of the construction or conversion of new, facilities or structures. This includes commercial buildings not exceeding 10,000 square feet in floor area. Additionally, CEQA Guidelines Section 15304 exempts a class of projects (Class 4) consisting of alterations in the condition of land, such as new gardening or landscaping. The project qualifies as a Class 3 and 4 project exempt from CEQA in that the project would construct an approximately 2,284 sf learning center and an approximately 10,000 sf garden.

Community Meeting and Public Input

At the time of release of this staff report, the applicants planned to make a presentation about the project at the Thursday, January 10th meeting of the North of Montana Neighborhood Association. The applicants sent a letter inviting property owners and residents within a 200’ radius from the property to attend the NOMA meeting to learn more about the project. Staff has received phone inquiries and one written comment on the proposal, included in Attachment B. Alternative Actions

In addition to the recommended action, the Planning Commission could consider the following with respect to the project if supported by the evidentiary record and consistent with applicable legal requirements:

A1. Continue the project for specific reasons, consistent with applicable deadlines and with agreement from the applicant.

A2. Articulate revised findings and/or conditions to Approve or Deny, with or without prejudice, the subject applications.

Conclusion

The Rainbow Garden, a garden learning center, is being proposed by a non-profit organization that has been established to provide a participatory learning experience focused on organic gardening and healthy eating as an enrichment for Santa Monica pre-school and school-aged children. As a school use that is conditionally permitted in the R3 Zoning District, staff has proposed conditions to ensure that it will be compatible with surrounding uses. These include restrictions on the number of students present at one time (40 maximum), restrictions on hours similar to typical restrictions on childcare uses in residential zones, restrictions on special events other than the primary school use, and requirements for the applicant to monitor parking and loading to ensure that arrivals and departures do not block the alley (Montana Place), which is an important access way for a long block between 4th Street and 7th Street.

http://www.smnoma.org/uploads/2/1/1/8/21184590/agenda-1-7-19.pdf

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The project involves demolition of the existing apartment building and replacement with a one-story building that sits behind a large garden. The site plan shows a four-foot high fence in the front yard and eight-foot high fence along the interior side yard along 4th Street. Staff is recommending that the 4th Street fence provide visual permeability to the garden to maintain the historic sense of this property as a green, open, neighborhood entry at this highly visible corner. The details of the building design, landscaping and fencing will be reviewed through the Architectural Review Board design review process. As conditioned, the findings for a conditional use permit and fence height modification can be affirmatively made in order to approve the proposed project. Prepared by: Elizabeth Bar-El, AICP, Senior Planner Attachments

A. Draft Statement of Official Action B. Public Notification & Comment Material C. Application Project Description D. Project Plans

15 Attachment A General Plan & Municipal Code Compliance Worksheet

ATTACHMENT A GENERAL PLAN AND MUNICIPAL CODE COMPLIANCE WORKSHEET

Project Location and Permit Processing Time Limits

Project Address: 401 Montana Avenue

Application Filing Date: Deemed Complete:

April 16, 2015 (CUP); November 6, 2018 (FWHM) December 6, 2018

CEQA Deadline: January 5, 2019

PSA Deadline: February 4, 2019

Total Process Review Time (Days):

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General Plan and Municipal Code Compliance Worksheet

CATEGORY

LAND USE

ELEMENT

MUNICIPAL CODE

PROJECT

Permitted Use

Mixed Use Boulevard

School (Conditionally Permitted Use)

SMMC Table 9.08.020

School (garden learning center for children)

Minimum Parcel Size

---

5,000 SF

SMMC Table 9.08.030

16,125

Minimum Parcel Width

---

50’

SMMC Table 9.08.030

107.50

Minimum Parcel Depth

---

100’

SMMC Table 9.08.030

150

Parcel Coverage

50% maximum (measured by exterior dimensions)

Main building: 2284

Storage shed: 107

2391sf / 16,125 =

14.8% Maximum Height/Stories

N/A

23 feet height (w/ flat roof), 2 stories (Tier 1)

SMMC 9.08.030

One story

Setbacks

Front

Side (interior)

Side (street)

20 feet

8 feet

15% of width, max. 10 feet,

Additional 2’ average side

yard setback.

>90 ft.

19.5’

13’

Attachment A

General Plan & Municipal Code Compliance Worksheet

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Rear

15 feet 28’10”

Parking 1 space/ 300 sf 1,963 + 100 =

2063 sf/300 =6.9 =7

7 spaces provided (one shown as passenger loading)

Bicycle Parking Short-term: 4 min. per project Long-term: None for less than 2,500 square feet.

4 short-term bike racks No long term

Parking Access

Alley access is encouraged when alley exists.

Alley access is required when alley exists, with exceptions per Sec. 9.28.120(B).

Access provided from the alley.

Loading Spaces

N/A

Project <2500 sf – no loading required. 9.28.080.E.2.a

Fencing N/A 42” permitted in front yard

8’ permitted in side yard

8’ fence proposed on street side; modification requested to allow 48” fence in front yard.

Resource Recovery & Recycling area

N/A

Refuse and recyclable

materials storage <10’ from

parcel line closest to collection

point; For buildings <5,000 sq.

ft., 21’ x 7.5’ dimensions.

SMMC 9.21.130

Enclosed refuse and recyclable area compliant with minimum dimensions adjacent to alley.

Location/Screening of Mechanical Equipment

N/A

Mechanical equipment extending more than 12" above roof parapet shall be fully screened from a horizontal plane

Ground-mounted mechanical equipment; fully screened, adjacent to trash/recycling enclosure

Ellis Act/Removal of existing units

N/A

Coastal Zone Extends to the mid-line of 4th Street

The project is not located in the Coastal Zone.

Transportation Impact Fee

Defined as “retail” rate per TIF ordinance ($_ per s.f.) Located in TIF Area 2

2391 s.f. x ___ =

17 Attachment B Draft Statement of Official Action

ATTACHMENT B DRAFT STATEMENT OF OFFICIAL ACTION

City of Santa Monica City Planning Division

PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION

PROJECT INFORMATION CASE NUMBER: 15ENT-0230 (Conditional Use Permit), 18ENT-0342 (Fence Height Modification) LOCATION: 401 Montana Avenue APPLICANT: Aesop Montana, LLC (The Rainbow Garden) PROPERTY OWNER: Aesop Montana, LLC CASE PLANNER: Elizabeth Bar-El, AICP, Senior Planner REQUEST: Construction and operation of a non-profit learning center

with a 2,284 square- foot building with rooftop garden, a 107-square foot tool shed, and approximately 10,000 square feet of ground level garden for the purpose of educating pre-school and school-aged children about organic gardening and healthy food choices. Seven parking spaces and four short-term bike parking spaces are provided. A modification is granted to permit a 48” high, framed wire mesh fence in the front yard area.

CEQA STATUS: The project is exempt from CEQA pursuant to CEQA

Guidelines Section 15303 and Section 15304. Section 15303 exempts a class of projects (Class 3) consisting of the construction or conversion of new, facilities or structures. This includes commercial buildings not exceeding 10,000 square feet in floor area. Additionally, CEQA Guidelines Section 15304 exempts a class of projects (Class 4) consisting of alterations in the condition of land, such as new gardening or landscaping. The project qualifies as a Class 3 and 4 project exempt from CEQA in that the project would construct an approximately 2,284 square foot learning center, a 107

Attachment B

Draft Statement of Official Action

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square foot shed and an approximately 10,000 square foot garden.

PLANNING COMMISSION ACTION

January 16, 2019 Determination Date

Approved based on the following findings and subject to the conditions below.

Denied.

Other:

EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:

January 30, 2019

EXPIRATION DATE OF ANY PERMITS GRANTED:

January 29, 2021

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. FINDINGS CONDITIONAL USE PERMIT FINDINGS A. The proposed use is conditionally allowed within the applicable Zoning District and

complies with all other applicable provisions of the Zoning Ordinance and all other titles of the Municipal Code in that public and private schools are conditionally permitted in the R3 zoning district. The proposed garden learning center does not have a precedent as a land use in Santa Monica. It was determined to resemble most closely the Zoning Code’s definition of school because its primary purpose is education of school-aged children through specialized instruction to visiting school groups. As an experiential school that differs from a conventional site with multiple classrooms, the Director determined that the appropriate parking standard for this project is the Code standard for a cultural facility. The proposed project complies with this parking standard and with all development standards of the R3 zoning district, except as permitted herein by modification.

B. The proposed use is consistent with the General Plan and any applicable specific

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plan in that the school use is identified as a use that may be conducted so as to be compatible with multi-family residential uses. Additionally, LUCE Neighborhood Policy N1.3 calls for “creat(ing) active places in existing neighborhoods to promote sociability and human interaction.” The proposed garden learning center will serve children throughout the city and as such creates a center to promote sociability and interaction. In addition, the proposed gardens will add green space and foster community interest in organic gardening, consistent with LUCE Chapter 3.1, which seeks to promote sustainability objectives through increasing the number of community gardens. There are no specific plans applicable to this property.

C. The subject parcel is physically suitable for the type of land use being proposed,

in that it is a flat corner parcel with 16,125 square feet with alley access. This accommodates all activity on-site, including ancillary activities such as parking and storage of trash and recyclables.

D. The proposed use will replace the present land use on the parcel, so there are no

concerns about on-site compatibility between uses. E. 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, in that schools that serve the children in the community are generally considered appropriate uses to coexist with residential uses. The conditions herein restrict activity, including special events, hours of operations, and number of children allowed on the site at any one time to ensure that the center’s operations avoid disturbing neighbors due to noise, circulation, and parking. The proposal includes an eight-foot wall separating it from the apartment building immediately to the east. Other surrounding single- and multi-unit residential uses are separated from the learning center by streets or an alley, providing some additional buffer from the use. The design of the proposed parking area, which is accessed from the alley, is based on City mobility design standards that require on-site maneuvering area and clear visibility to avoid conflicts with alley traffic. The site plan includes adequate on-site area for resource recovery/recycling to avoid conflicts with the alley on trash collection days. In these ways, the project is designed for increased compatibility with its neighboring residential uses.

F. The physical location or placement of the use on the site is compatible with and

relates harmoniously to the surrounding neighborhood, in that the historic placement of the building on this corner property has been in the rear portion of the property, leaving a large open space in the front toward the corner of 4th Street and Montana Avenue. The proposed site plan maintains and increases the sense of open space that has defined this corner and as such relates harmoniously to the surrounding neighborhood.

G. Based on environmental review, the proposed project has no potentially significant

environmental impacts in that the proposed project is exempt from the California

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Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 and Section 15304. Section 15303 exempts a class of projects (Class 3) consisting of the construction or conversion of new, facilities or structures. This includes commercial buildings not exceeding 10,000 square feet in floor area. Additionally, CEQA Guidelines Section 15304 exempts a class of projects (Class 4) consisting of alterations in the condition of land, such as new gardening or landscaping.

H. The proposed use would not be detrimental to the public interest, health, safety,

convenience, or general welfare, in that, generally the proposed garden learning center does not pose any threats to health and safety through its physical improvements or its operations. The center will provide an educational amenity for children from pre-schools and schools throughout the community and as such will promote the general welfare.

FENCE MODIFICATION FINDINGS 1. The subject fence, wall, or hedge will be compatible with other similar structures in

the neighborhood and is required to mitigate impacts from adjacent land uses, the subject property’s proximity to public rights-of-way, or safety concerns in that the addition of 6” in height to the allowable front yard fence on Montana Avenue and 4th Street will be equivalent to the fence height generally permitted by Code for pre-schools to separate outdoor play activity from the street. The surrounding properties generally consist of multi-story apartment buildings with front yards dominated by parking access, generally with low or no fencing. The garden area will extend into the front yard, and the additional height will support supervision of children as they work and learn in the garden and an additional measure of protection from busy adjacent streets. The additional height will not significantly change the sense of openness of the front of the parcel, so that the view of the garden will enhance the street from the pedestrian viewpoint.

2. The granting of such modification will not be detrimental or injurious to the property or improvements in the general vicinity and district in which the property is located in that the additional 6” height requested for the front yard fence is not adjacent to a driveway and will not impair visibility for drivers or pedestrians. Furthermore, the adjacent multi-unit residential building (415 Montana Avenue) also has a hedge next to the subject property as well as a wall that exceeds 42” on the eastern portion of its front yard. The 6-foot high walls were registered with the City in 2007, and are higher than the minimal additional fence height requested in this application to surround the front of the garden. Therefore, the proposed fence does not interrupt any established pattern on the street.

3. The modification will not impair the integrity and character of the neighborhood in which the fence, wall, or hedge is located in that the requested six inches of additional fence height would provide a measure of safety for children in the garden environment from the relatively busy intersection of Montana Avenue and 4th

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Street. The proposed 48-inch front yard fence is consistent with what would otherwise be allowed for childcare and early education facilities and would still be low enough to maintain a sense of connection with the neighborhood.

CONDITIONS OF APPROVAL Project Specific Conditions 1. The Architectural Review Board shall pay special attention to the fact that this is a

highly visible corner property and the use should clearly be understood as a learning garden for school children that offers an amenity that serves the public. Some particular considerations include:

a. The design should convey a consistent landscape concept that integrates the building and landscaping and is evident throughout the site;

b. Attention should be paid to the interaction of the use with both street elevations. In particular, the 4th Street (street side yard) elevation should have a pedestrian-friendly visual presence that balances security needs with a sense of integration into the neighborhood.

c. The building elevation should have more of a presence on 4th Street and provide a sense of arrival to the pedestrian. Additional entry and/or exit gates on either 4th Street and/or Montana Avenue should be considered.

2. This approval is for a garden learning center as shown on the approved plans, containing a building with 1,963 square feet of floor area that provides one large classroom, a kitchen, an office and ancillary space, along with garden with about 10,000 square feet that is also considered to be part of the school learning environment. The operation of a school use (also referred to as a garden learning center) as conditioned herein is the only approved use and the property shall not be used otherwise except as specified in these conditions of approval. Such school use may include visits to the garden learning center by school children, educational lessons, including cooking and tasting food grown in the garden, and customary school activities applicable to the format of this specific educational facility including open houses for parents and families and teacher training.

3. Multiple classes may be accommodated at the garden learning center at the same time provided that there shall be no more than 40 children on the premises at any given time.

4. Use of the facility for the primary school use with children present shall only be permitted between 8:00 a.m. and 6:00 p.m. Monday through Friday and from 9:00 a.m. to 6:00 p.m. on the weekends.

5. In addition to the regular school use permitted herein, meetings of the non-profit’s board of directors and special events may also be held on the premises. A maximum of twelve (12) Small Special Events and two (2) Large Special Events

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may be held annually at the site and shall be allowed either during the permitted hours or outside of those hours. Special events must conclude by 10:00 pm Sundays through Thursdays, with use of the outdoor area prohibited after 9:00 pm; and by 11:00 pm on Fridays and Saturdays, with use of the outdoor area prohibited after 10:00 p.m. Small Special Events shall have no more than 15 participants, including staff. Large Special Events may have 16 or more participants. The Rainbow Garden shall maintain a record of all Small Special Events and provide this information to City staff upon request. Written requests for Large Special Events must be submitted to the City Planning Manager 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. The City shall not charge a review fee for this process. In addition, at least one week prior to the event, the applicant shall provide notice of the event to all residents within a 300-foot radius of the property.

6. Keeping of any animals including chickens and other fowl shall comply with SMMC Chapter 4.04.

7. The operation shall at all times be conducted in a manner that is not detrimental to surrounding properties or residents in terms of excessive and unreasonable noise levels. All operations shall comply with the City’s Noise Ordinance (SMMC 4.12).

8. Exterior school bells or other amplified sound, including but not limited to music or speeches, shall be prohibited at all times.

9. There shall be no outdoor cleaning with pressurized or mechanical equipment on the property between the hours of 7:00 p.m. and 8:00 a.m. daily.

10. An on-site contact person shall be designated to serve as a neighborhood liaison to address any neighborhood concerns related to the facility. Notification of the staff liaison and applicable contact information, including telephone and email address, shall be provided to all residents within a 300-foot radius of the subject site prior to the commencement of the use on the site. Contact information shall be provided thereafter upon request.

11. Any substantial change in mode or character of the operation of the proposed use shall require approval from the Planning Commission.

12. Prior to issuance of building permits, the applicant shall prepare a plan for the Mobility Division’s approval outlining the applicant’s procedures for ensuring that

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visiting groups park and/or load on-site in a safe manner that avoids inconveniencing neighbors. The applicant shall provide a letter to teachers, drivers and chaperones bringing children to the site with instructions to comply with the approved plan, avoid use of the alley for parking and loading, and emphasizing the need to drive courteously and park legally. Facility staff shall monitor the alley to avoid its use for parking or loading at any time.

Administrative 13. The Planning Commission’s approval, conditions of approval, or denial of

Conditional Use Permit 15ENT-0230 and Fence Modification 18ENT-0342 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 two years from the permit’s effective date. Exercise of rights shall mean issuance of a building permit to commence construction.

14. 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.

15. 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 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.

16. 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.

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17. 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 18. 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 Development Review Permit 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 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 19. This approval is for those plans dated October 30, 2018, 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.

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20. 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.

21. 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 22. 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.

23. No building permit shall be issued for the project until the developer complies with

the requirements of Chapter 9.30 of the Santa Monica Municipal Code, Private Developer Cultural Arts Requirement.


the requirements of Chapter 9.66 of the Santa Monica Municipal Code, the Transportation Impact Fee Program.


the requirements of Chapter 9.53, the Transportation Demand Management Fee.

Cultural Resources 26. 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 a final determination is made on the application by the Landmarks Commission, or City Council on appeal.

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27. 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.

Rent Control 28. Pursuant to SMMC Section 4.24.030, prior to receipt of the final permit necessary

to demolish, convert, or otherwise remove a controlled rental units from the housing market, the owner of the property shall first secure a removal permit under Section 1803(t), an exemption determination, an approval of a vested rights claim from the Rent Control Board, or have withdrawn the controlled rental units pursuant to the provisions of the Ellis Act.

Project Operations 29. The operation shall at all times be conducted in a manner not detrimental to

surrounding properties or residents by reason of lights, noise, activities, parking or other actions.

30. No exterior activity such as trash disposal, disposal of bottles or noise generating

trash, deliveries or other maintenance activity generating noise audible from the exterior of the building shall occur during the hours of 11:00pm to 7:00am daily. In addition, there shall be no outdoor cleaning of the property with pressurized or mechanical equipment during the hours of 9:00pm to 7:00am daily. Trash containers shall be secured with locks.

Final Design 31. Plans for final design, landscaping, screening, trash enclosures, and signage shall

be subject to review and approval by the Architectural Review Board. 32. 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.

33. 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

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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.

34. 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.

35. Prior to consideration of the project by the Architectural Review Board, the

applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements.

36. As appropriate, the Architectural Review Board shall require the use of anti-graffiti

materials on surfaces likely to attract graffiti. Construction Plan Requirements 37. 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:

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.

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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.

38. 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.

39. Any new restaurant at the site with fewer than 50 seats capacity shall install a

grease interceptor with minimum 750 gallons static holding capacity in order to pretreat sewered grease. Facilities with greater than 50 seats are required to install an interceptor with 1000 gallons minimum holding capacity. The Public Works Department may modify the above requirements only for good cause. Specifically, the facility must demonstrate to the satisfaction of the Industrial Waste Section and Building and Safety Division that interceptor installation is not feasible at the site in question. In such cases where modifications are granted, grease traps will be required in the place of an interceptor. Building permit plans shall show the required installation.

Demolition Requirements 40. Until such time as the demolition is undertaken, and unless the structure is

currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs.

41. Prior to issuance of a demolition permit, applicant shall prepare for Building

Division approval a rodent and pest control plan to insure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood.

Construction Period 42. Immediately after demolition and during construction, a security fence, the height

of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.

43. Vehicles hauling dirt or other construction debris from the site shall cover any open

load with a tarpaulin or other secure covering to minimize dust emissions.

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Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval.

44. Developer shall prepare a notice, subject to the review by the Director of Planning

and Community Development, that lists all construction mitigation requirements, permitted hours of construction, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents within a 200-foot radius from the subject site at least five (5) days prior to the start of construction.

45. A sign shall be posted on the property in a manner consistent with the public

hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.

46. A copy of these conditions shall be posted in an easily visible and accessible

location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy.

Standard Conditions 47. 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.

48. Final approval of any mechanical equipment installation will require a noise test in

compliance with SMMC Section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise Officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.

49. Construction period signage shall be subject to the approval of the Architectural

Review Board. 50. The property owner shall insure any graffiti on the site is promptly removed through

compliance with the City’s graffiti removal program.

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MOBILITY DIVISION 51. Developer shall comply with SMMC Chapter 9.53, Transportation Demand

Management. 52. Final auto parking, bicycle parking and loading layouts specifications shall be

subject to the review and approval of the Mobility Division: 53. Where a driveway, garage, parking space or loading zone intersects with the public

right-of-way at the alley or sidewalk, hazardous visual obstruction triangles shall be provided in accordance with SMMC Section 9.21.180.

54. Slopes of all driveways and ramps used for ingress or egress of parking facilities

shall be designed in accordance with the standards established by the Mobility Manager but shall not exceed a twenty percent slope.

55. Bicycle parking provided in the Project shall meet the requirements of SMMC

Section 9.28.140. PUBLIC LANDSCAPE 56. 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.

57. 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.

58. 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 59. 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.

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60. 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 61. Developer shall be responsible for the payment of the following Public Works

Department (PWD) permit fees prior to issuance of a building permit:

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.

62. 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.

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63. 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.

64. Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.

65. 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.

66. 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 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 67. 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.

68. 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.

69. 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.

70. 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

http://www.waterboards.ca.gov/losangeles/

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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.

71. 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.

72. 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.

73. 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.

74. All existing sanitary sewer “house connections” to be abandoned, shall be removed and capped at the “Y” connections.

75. The fire services and domestic services 3-inches or greater must be above ground, on the applicant’s site, readily accessible for testing.

76. 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.

77. All new cooking facilities at the site are required to install Gravity Grease

Interceptors to pretreat wastewater containing grease. The minimum capacity of

http://www.lapublichealth.org/eh/progs/envirp/ehcross.htm

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the interceptor shall be determined by using table 10-3 of the 2007 Uniform Plumbing Code, Section 1014.3. All units shall be fitted with a standard final-stage sample box. The 2007 Uniform Plumbing Code guideline in sizing Gravity Grease Interceptors is intended as a minimum requirement and may be increased at the discretion of PWD, Water Resources Protection Program.

78. 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

79. 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;

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.

80. 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.

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Public Streets & Rights-of-Way 81. 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.

82. All offsite 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.

83. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.

84. 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.

85. 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 86. No Excavation Permit shall be issued without a Telecommunications Investigation

by the City of Santa Monica Information Systems Department. The telecommunications investigation shall provide a list of recommendations to be incorporated into the project design including, but not limited to measures associated with joint trench opportunities, location of tie-back and other underground installations, telecommunications conduit size and specifications, fiber optic cable specifications, telecommunications vault size and placement and specifications, interior riser conduit and fiber optic cable, and adjacent public right of way enhancements. Developer shall install two Telecommunications Vaults in either the street, alley and/or sidewalk locations dedicated solely for City of Santa Monica use. Developer shall provide two unique, telecommunication conduit routes and fiber optic cables from building Telecommunications Room to Telecommunications Vaults in street, alley and/or sidewalk. Developer will be responsible for paying for the connection of each Telecommunications Vault to the existing City of Santa Monica fiber optic network, or the extension of conduit and fiber optic cable for a maximum of 1km terminating in a new Telecommunications Vault for future interconnection with City network. The final telecommunications

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design plans for the project site shall be submitted to and approved by the City of Santa Monica Information Systems Department prior to approval of project.

a. Project shall comply with City of Santa Monica Telecommunications Guidelines

b. Project shall comply with City of Santa Monica Right-of-Way Management Ordinance No. 2129CCS, Section 3 (part), adopted 7/13/04

87. 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.

88. 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

89. 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.

90. Prior to issuance of a building permit, submit a Waste Management Plan, a map of the enclosure and staging area with dimensions and a recycling plan to the RRR Division for its approval. The State of California AB 341 requires any multi-family building housing 5 units or more to have a recycling program in place for its tenants. All commercial businesses generating 4 cubic yards of trash per week must also have a recycling program in place for its employees and clients/customers. Show compliance with these requirements on the building plans. Visit the Resource Recovery and Recycling (RRR) website or contact the RRR Division for requirements of the Waste Management Plan and to obtain the minimum dimensions of the refuse recycling enclosure. The recycling plan shall include:

List of materials such as white paper, computer paper, metal cans, and glass to be recycled;

Location of recycling bins;

Designated recycling coordinator;

Nature and extent of internal and external pick-up service;

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Pick-up schedule; and

Plan to inform tenants/ occupants of service.

91. 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.

92. 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 Period Mitigation 93. A construction period mitigation plan shall be prepared by the applicant for

approval by the following City departments prior to issuance of a building permit:. Public Works, Fire, Planning and 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; 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;

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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 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 Planning Commission of the City of Santa Monica. _____________________________ _____________________________ Mario Fonda-Bonardi, 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

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ATTACHMENT C PUBLIC NOTIFICATION INFORMATION

Pursuant to Municipal Code Section 9.37.030(E) and in accordance with the posting requirements set forth by the Zoning Administrator, prior to application filing the applicant posted a sign on the property regarding the subject application. On December 11, 2018, the applicant submitted a photograph to verify the site posting and to demonstrate that the sign provides the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after posting. In addition, pursuant to Municipal Code Section 9.37.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 750-foot radius of the project and published in the Santa Monica Daily Press at least ten consecutive calendar days prior to the hearing. On December 10, 2018, the applicant was notified in writing (e-mail) of the subject hearing date and acknowledged receipt of the notification. The applicant provided the following information regarding attempts to contact area property owners, residents, and recognized neighborhood associations: The applicant is scheduled to present the project to the North of Montana Association (NOMA) on January 10, 2019. The applicant has informed staff that they plan to send notices to about 200 property owners and residents within a 200 foot radius inviting them to attend the NOMA meeting to learn more about the project.

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Attachment C Notice of Public Hearing

NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA PLANNING COMMISSION

SUBJECT: Conditional Use Permit 15ENT-0230; Fence Height Modification 18ENT-0342 Address: 401 Montana Avenue

APPLICANT: Aesop Montana, LLC (The Rainbow Garden) PROPERTY OWNER: Aesop Montana, LLC

A public hearing will be held by the Planning Commission to consider the following request: The applicant requests to construct and operate a non-profit learning center with a 1,963 square- foot building with rooftop garden, a 107-square foot shed, and approximately 10,000 square feet of ground level garden for the purpose of educating pre-school and school-aged children about organic gardening and healthy food choices. Seven parking spaces and four short-term bike parking spaces are provided. A modification is requested to allow a four-foot high, framed wire mesh fence in the front yard area.

DATE/TIME: WEDNESDAY, JANUARY 16, 2019, AT 7:00 PM LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California

HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the Planning Commission public hearing, or by writing a letter. Written information will be given to the Planning Commission at the meeting. Address your letters to: Elizabeth Bar-El, AICP, Senior Planner Re: 15ENT-0230 City Planning Division 1685 Main Street, Room 212 Santa Monica, CA 90401 MORE INFORMATION

If you want more information about this project or wish to review the project file, please contact Liz Bar-El at (310) 458-8341, or by e-mail at [email protected]. The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.santa-monica.org. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. Every attempt will made to provide the requested accommodation. All written materials are available in alternate format upon request. 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). 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) 458-8341.

mailto:[email protected]

http://www.santa-monica.org/

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ATTACHMENT D

Application Materials: Description of Proposed Project

Rainbow Garden, 401 Montana Avenue PROJECT DESCRIPTION

CONDITIONAL USE PERMIT The Applicant, Rainbow Garden, requests approval of a Conditional Use Permit to allow the construction and operation of a non-profit 1,963 square foot Learning Center and approximately 10,000 square foot garden to educate and inspire local school children regarding practices of organic gardening and healthy food choices. The project site is located at the northeast corner of Montana Avenue and 4th Street within the R3 (Medium Density Residential) zoning district. Per SMMC Section 9.08.020 a school is a conditionally permitted use in the R3 zone. The school use in the R3 Medium Density Residential District will require a Conditional Use Permit.

PROJECT DESCRIPTION The proposed project, Rainbow Garden, will be a non-profit teaching facility and garden for the education of young school children in the growing of fruits and vegetables, and the benefits of cooking and eating local seasonal organic produce. The Rainbow Garden will employ a teacher who will initially provide lessons to visiting local students, preschool aged to 3rd grade. The lessons will relate to organic gardening, such as vermicomposting, digging, seeding, growing and maintaining plants, and harvesting the produce. The curriculum also includes using the produce to teach the students how to create healthy, delicious meals from food grown in the garden.

The Rainbow Garden is aimed at providing opportunities to children coming from schools whose grounds may not have a garden on their campuses. Gardens present a wonderful way to use the outdoors as a classroom, reconnect students with the natural world and the true source of their food, and teach them valuable concepts that integrate with subjects such as math, science, art, and health. Curriculum can include: an ABC Garden and incorporating 26 flowers and plants beginning with each letter of the alphabet; a Scratch and Sniff Garden to discuss the scents and senses; a Rainbow Garden to incorporate colors and develop art projects.

The garden will include sections for a wide-range of seasonal vegetables, fruit trees, berries, and the raising of poultry. An underground cistern will provide an education in water conservation and use. A cistern for garden irrigation will capture and contain water from the roof and other impervious surfaces.

Workshops and lesson plans will be consistent with City of Santa Monica’s stated commitment to sustainable food: eat organic, reduce consumption of conventional meat and dairy, avoid processed foods, eat locally grown, and reduce packaging and recycle food waste.

The Learning Center building will include an indoor classroom for educational classes related to the garden. Approximately 35 seats are proposed for students. The building will include an instructional kitchen, and a teacher will facilitate students learning how to prepare and cook the harvested produce. Students will have lessons focusing on the benefits of growing, preparing and eating healthy food.

The non-profit Rainbow Garden project grew from a desire by a Santa Monica couple to feed their children nutritious, local, organic food. The Applicant hopes to inspire, educate and empower local children with the value of making healthy food choices. The Rainbow Garden is modeled on the Edible Schoolyard project championed by chef Alice Waters in Berkeley, California, which recently celebrated its 20-year anniversary.

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J. Michael Murphy, an associate professor of psychology at Harvard Medical School, studied the Edible Schoolyard program for two years. His research has shown the benefits of school gardens include: students learn focus and patience, cooperation, teamwork and social skills; they gain self-confidence and a sense of “capableness” along with new skills and knowledge in food growing; and garden-based teaching addresses different learning styles, so even non-readers can blossom.

Hours of operation are anticipated to be 8 a.m. to 6 p.m. Primarily, hours of operation will be during normal school hours, with morning and afternoon sessions. Each participating school group will arrive and depart at a scheduled time. The Rainbow Garden will only have one class on-site at a time, and visits will be scheduled so the classes will not overlap. Occasionally the Applicant will offer after-hour events in order to support the non-profit organization.

The proposed classroom and kitchen building will total approximately 1,963 square feet. There will be no fixed seats or typical classroom seating. Instead, there will be a one- room classroom/multi-purpose space with family-style seating for about 35 students. A 597-square foot kitchen adjacent to the classroom will provide space for the teacher to demonstrate how to prepare and cook the harvested food. The one-story building will also include office space for staff, an entry area with storage cubbies for the children, and restrooms and an ADA compliant shower. The building will be approximately 19’-7” in height.

The proposed floor plan consists of the following square footage:

Area Square Footage

Garden Approx. 10,000 sq. ft.

Learning Center Kitchen Classroom Entry, cubbie storage Office

Hallway Washrooms Interior Walls

597 sq. ft.

919 sq. ft.

63 sq. ft.

98 sq. ft.

180 sq. ft.

117 sq. ft.

19 sq. ft.

Total Floor Area 1,963 sq. ft.

Total Site Area 16,141 sq. ft.

Floor Area Ratio 0.12 FAR

OPERATIONAL NARRATIVE School gardens are a wonderful way to use the outdoors as a classroom, reconnect students with the natural world and the true source of their food, and teach them valuable gardening and agriculture concepts and skills that integrate with several subjects, such as math, science, art, health and physical education, and social studies, as well as several educational goals, including personal and social responsibility.

Rainbow Garden will be a non-profit garden in Santa Monica available to support and educate our school children to make healthy food decisions. This relates to what they eat and where it comes from otherwise known as ‘seed to table’ learning. Rainbow Garden has been

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inspired by the Edible Schoolyard Project in Berkeley.

With the help of knowledgeable staff and committed volunteers, Rainbow Garden aims to focus on two components in particular: 1) organic gardening from seedlings to harvesting (including composting) and 2) teaching the benefits of cooking and eating organic, nutritious, and seasonal produce.

At Rainbow Garden, the children will be taught with age-appropriate lesson plans, and will be available to local preschools and elementary schools. The third-grade students may explore seed germination, while the preschool children can focus on identifying insects in the garden. All the children will benefit, as they return periodically to the garden to watch the growth of the garden and seasonal changes to the plants.

The Rainbow Garden intends to provide lesson plans to local schools, preschool to elementary level. The nature of the lessons relates to organic gardening and topics that this entails (i.e. vermicomposting, digging, harvesting seeds, growing and maintaining plants, harvesting produce). The curriculum could also include taking the harvested produce into the kitchen and teaching students how to create healthy and delicious meals from food grown in the garden. Examples of such lesson plans can be found on the Edible Schoolyard Project website under the ‘Resources’ menu option.

Participating schools have the option of walking their students to the garden, taking the Big Blue Bus, which has a bus stop adjacent to the Rainbow Garden or carpooling. Over time, Rainbow Garden intends to evolve in order to serve the unique needs of our community.

For example, at 9 a.m. a preschool class of 20 children could start their day with a walk from The Early Years School to the Rainbow Gardens with their teachers and parent chaperones. The children may begin with a tour of the garden to see the growth since their last visit. The Rainbow Garden staff may then launch an “Eat a Rainbow” lesson, picking red, yellow and green fruits and vegetables for their day’s lesson. They may take part in watering and discussing the different varieties of crops, before going into the Learning Center to sit in the Rainbow Garden kitchen to see how the fruits and vegetables can be cut and eaten. Then a trip out to the garden again to see the worm bed before they wash their hands and head back to preschool for nap time.

Preschool gardening engages children by providing an interactive environment to observe, discover, experiment, nurture and learn. School and child care gardens are living laboratories where interdisciplinary lessons are drawn from real life experiences, encouraging children to become active participants in the learning process.

Studies have shown that school gardens encourage preference and consumption of fruits and vegetables, increase parental support and involvement, and improve children’s enthusiasm about preschool/child care, teamwork skills and self- understanding.

Later in the same afternoon, thirty-five 3rd grade students from Roosevelt Elementary School may walk or arrive by city bus, using the Big Blue Bus stop at 4th and Montana. A Rainbow Garden staff person would help the teacher and aide unload the children and walk them into the Learning Center. The students may go out and harvest fruits and vegetables to be used in a lesson of food preservation. Students may learn the methods of preserving edible seeds of many plants, drying corn and beans in the sun, or freezing or fermenting to preserve food for later consumption. Depending on the season, a class may learn to make jam with freshly picked berries.

Fundraising and other project supporting events may periodically be held at The Rainbow Garden. The number of attendees, hours, and parking for the events will be calibrated to limit

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the impact on adjacent neighbors. The Applicant does not anticipate more than five such events per month.

SITE LOCATION AND BACKGROUND

The site is a rectangular, 16,141 square foot parcel located on the northeast corner of Montana

Avenue and 4th Street and having a frontage of 107.5 feet on Montana Avenue, and a depth of 150 feet. The site is zoned R3 (Medium Density Residential). Surrounding uses consist of a four-story condominium building on the east, multi-story 12-unit residential building across Montana on the south, and a four-story, 48-unit multi- family

residential building across 4th Street on the west. Immediately adjacent and across the alley to the north of the subject property are a mix of single-family dwellings and multi-family dwellings. Existing uses on the project site include a two-story, 9,236 square foot apartment building with 12 vacant residential units and a one-story garage and storage building accessed from the alley (Montana Place). The main structure was constructed in 1947 and is in poor condition. The existing buildings will be removed. There is presently no on-site parking as the existing garage and storage building had been converted to additional living quarters.

The subject property is not listed in the City’s Historic Resources Inventory (HRI). It was identified and assessed in a preliminary evaluation letter by PCR Services Corp. in 2000. It concluded that the property did not appear to be eligible for National Register of Historic Places, the California Register of Historical Resources, or as a City Landmark. On December 11, 2017, the City’s Landmarks Commission reviewed the Applicant’s demolition permit and took no action to begin a historic nomination process.

LAND USE AND ZONING After considerable discussion with senior Planning and Community Development Department staff regarding the applicable use category, it was determined by staff that the subject project is a hybrid of a one-classroom School use, and a non-profit Cultural Facility that provides some sort of enrichment experience. It was decided that the proposed use is similar to a school because the planned activities within the proposed building most closely resemble a one-room schoolhouse for young students. However, the definition of Cultural Facility includes that of botanical gardens and activities that promote educational interest in the community makes the Rainbow Garden compatible with this definition as well. The Rainbow Garden is not open to the public on a regular basis, which is part of the definition of a Cultural Facility in the Santa Monica Municipal Code; only private, invited groups will attend the property. Therefore, the entitlement procedures for schools have been applied to the proposed project.

PARKING SMMC Section 9.28.060 allows the Director of Planning and Community Development to determine the appropriate parking requirements for uses that are not listed in the parking requirement table. It was determined by city staff that the school uses in the parking requirement table are specific to primary (elementary) and secondary (middle/high) schools, and do not reflect the type of school use proposed by The Rainbow Garden. Staff has informed the applicant that Community Facility parking requirements will be applied.

The Applicant is proposing to provide five standard size parking spaces, one ADA van accessible parking space, and one passenger loading zone, for a total of seven spaces. A Community Facility of this size would require six parking spaces. All the parking will be accessed from the alley, Montana Place.

While not a traditional school with a standard enrollment and classroom schedule, The Rainbow

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Garden may have up to 35 students visiting the site daily during the hours of operation at any one time. As was previously stated, the participating schools will be scheduled so as to not arrive or depart at the same time, allowing for groups to utilize all of the provided parking spaces on the property.

No Standard A loading space is required as there is no on-site cafeteria or food service as in a traditional school. The kitchen will be utilized as a teaching or demonstration kitchen. There will be no scheduled food delivery or supply trucks to the site, as the food being prepared will be grown on-site.

Only special events related to funding and operation of Rainbow Garden will be held on- site, and not anticipated be any more than a maximum of 5 per month.

TRAFFIC AND CIRCULATION The proposed school and garden use is a less intensive use and will generate substantially fewer AM or PM peak hour automobile trips than the existing 12 residential units. The project will provide six parking spaces and one Passenger Loading space. Access to these spaces will be from the rear alley. Students and chaperones visiting The Rainbow Garden will primarily walk from nearby schools or arrive utilizing public transit. A public Big Blue Bus stop is located on 4th Street, immediately adjacent to the subject site. On occasion, students may arrive in multi-passenger vans, which can utilize the parking spaces.

PROJECT DESIGN The proposed project consists of approximately 10,000 sq. ft. of garden space planted with fruit, vegetables, fresh herbs and plants. The 1,963 square foot Learning Center is set back from the front street approximately 90 feet. With tall plantings growing around the corrugated metal siding, it resembles a modern interpretation of agricultural building, a strong complement to the landscape. The Learning Center building is one-story, 19 feet, 7 inches in height with a flat roof. Large windows line the ground floor to allow natural daylighting to stream into the classroom space. Raised planter beds will be located on the rooftop deck to increase the growing areas.

NEIGHBORHOOD COMPATIBILITY The project is located in the R3 (Medium Density Residential) along Montana Avenue and adjacent to a R1 (Single Family) District to the north. A large, four-story, multi-family apartment building is located next door on the east side of the project. One of the primary objectives of the proposed project, as set forth by the Applicant, is to develop a project that is sensitive to, and compatible with the surrounding neighbors and environment. To this end, the Applicant has engaged various neighborhood stakeholders and will continue to do so.

ATTACHMENT E

Project Plans

Planning Commission Report - Santa Monica · 2019. 1. 16. · Planning Commission Report 1 Planning...

Documents

Transcript of Planning Commission Report - Santa Monica · 2019. 1. 16. · Planning Commission Report 1 Planning...