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SR-10-08-2013-6ACity Council Meeting: October 8, 2013 Agenda Item: C.,A To: Mayor and City Council From: David Martin, Director of Planning and Community Development Subject: Appeal of Conditional Use Permit (13CUP004) and Parking Variance (13VAR005) to allow the operation of an exercise facility, and to allow a parking variance to satisfy off - street parking requirements associated with the proposed use at 2433 Main Street. Applicant: First Phase Health and Fitness Appellant: Janet Gilbert and 2 "d Street Neighbors Recommended Action Staff recommends that the City Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit 13 -004 and Variance 13 -005 for a new exercise facility at 2433 Main Street based on the draft findings and conditions of approval contained in this staff report. Executive Summary On June 19, 2013, the Planning Commission approved a Conditional Use Permit (CUP) to allow an exercise facility and a Variance to satisfy off - street parking requirements associated with the proposed use. An appeal was filed on June 27, 2013, by a residential neighbor of the project site. The appellant, Janet Gilbert, requests that the City Council overturn the Planning Commission's approval of the CUP and Variance due to the exercise facility's proposed hours of operation, potential noise and parking impacts, and inability to enforce the conditions of approval for previously approved projects in the vicinity. In consideration of the full record to date, it is recommended that the Council deny the appeal and uphold the Planning Commission's approval of the exercise facility and associated parking variance at 2433 Main Street. This report highlights the Planning Commission's action, the points;of the appeal, and staff's analysis of the appeal. The recommendation on this matter does not have any budgetary or fiscal impact. Background The subject property is located mid -block on the east side of Main Street and the west side of 2nd Street between Hollister Avenue and Ocean Park Boulevard in the CM -2 0 district. The two -story, multi- tenant mixed -use complex, called Edgemar, consists of 33,717 square feet of commercial tenant space in four buildings that are attached by a subterranean parking structure. Edgemar has 102 on -site parking spaces split between a surface lot and subterranean parking structure, with vehicular access off of Main Street. Existing on -site land uses include artist studios, barber and beauty shops (Bombshell Hair Salon), general offices (Office of Orly F. Bouskila, W4, Business Affairs, Vokent), general retail uses (Peet's Coffee and Tea, Ben and Jerry's Ice Cream, Squared, Buffalo Exchange and Hale Arts/ retail REHAB), a theater with more than 75 seats ( Edgemar Center for Performing Arts), the Santa Monica Convention and Visitors Bureau (SMCVB), and a restaurant with 101 seats (Brick + Mortar). Surrounding uses consist of commercial uses to the northwest, southwest, and west on Main Street; Hotel, vacant land and surface parking to the west; and residential uses to the northeast and southeast on 2nd Street. 2433 Main Street K The relevant permit history for the site is described as follows: • 1985 (DR253, CUP370, ZA3831, EIA773): Approvals included an Initial Study and adoption of a Negative Declaration and allowed for renovation of the existing 20,650 square foot building (the Edgemar Farms Egg Processing Plant), the removal of three industrial buildings, and the construction of a new three -story, 13,900 square foot mixed use development including retail, office and art museum space. A setback variance was granted to allow the structure to be built within 2 feet of the east property line at Main Street. A parking variance was granted to allow reduced parking due to shared parking conditions. While regulations required 117 spaces, the variance allowed a 17 space reduction, with 100 parking spaces required on -site. A total of 102 parking spaces were constructed, providing 2 surplus parking spaces. • CUP 88 -502: A Conditional Use Permit was granted for a restaurant with a liquor license with extended hours. The permit lapsed without being exercised. • TA88 -001: A text amendment to the SMMC to allow up to 250 square feet of seating in retail ice cream, yogurt and frozen dessert stores for Ben & Jerry's was approved. • CUP 90 -065: A Conditional Use Permit was granted to allow for a restaurant that had an expired CUP approval from 1988. This new conditional use permit allowed increased hours of operation and full alcohol sales. • 96GPA -001: An amendment to the Santa Monica General Plan Land Use and Circulation Map was approved to change the land use designation of portion of Edgemar abutting 2nd Street from Medium Density Residential to Service and Specialty Commercial. • 96TA -003: An amendment to the Districting Map was approved to change the 2nd Street portion of Edgemar from Low Density Multi - Family Residential (OP2) to Main Street Commercial (CM2). • 96TA -004: An amendment to SMMC Section 9.04.08.28.070 to remove seating limitations for restaurants on the east side of Main Street north of Ocean Park Boulevard was approved. • 96DR -001: A development review application was approved that allowed a restaurant expansion from 75 seats to 101 seats, including new outdoor seating area with alcohol sales, and a change in use from museum to live performance theater space with two artist studios. • 96VAR -011: A parking variance was approved to allow stacked valet parking spaces to meet parking requirements for the new theater, artist studios and restaurant expansion. A total of 21 additional spaces were required; 2 existing surplus spaces and 19 new valet parking spaces were permitted through the 3 variance to meet the parking requirement. ® 97CUP -004: A conditional use permit was approved to allow a live performance theater complex with 164 seats. 2433 Main Street Project Description The proposed exercise facility would occupy a 2,621 square foot first floor tenant space on the northeast side of the property adjacent to the surface parking lot and 2nd Street currently occupied by an office. The facility would consist of 1,478 square feet of fitness area, a total of 584 square feet of reception area, lounge and retail display area, and 559 square feet of locker room and laundry area. The fitness component would include gym equipment, such as rowing machines, a pull -up bar station, utility benches, weights, bars, plates and medicine balls. Movable partition panels allow the ability to 4 separate the room into two spaces. The retail component would include exercise apparel, minor equipment, and related products. A total of two unisex showers would be available for both employees and members. } e l— K t � t ONLY PARKING ENTRY &EKR LOCAT_1 ATw( � n ION F PESTAUMNT ORICKNMORTAR asnwrt I L ,I 1 M. "MM "1 LOFT I 4VE/W0 RH LOFT PECERRATENANT - NIFSWAPTANANT Lox wN am5wn ,, HEATER EOGEMAR CENTER FORTNE ART THEATRE P.onwn -t ✓�. It Y 1 } T"RIORILLR SIGNS I ct� N39 244 1 L \ E RETAIL RELA T PEETECOFFEE EN ERRY E R J �, J ICE :REAM l , an.en wn A nl noaz^mu' I •� }�• BINEPARK { [A�HiTE�$ _ DEEPV BOMBSHELL HAIRSALON } e l— K t � t ONLY PARKING ENTRY &EKR LOCAT_1 ATw( � n ION F PESTAUMNT ORICKNMORTAR asnwrt I L ,I 1 M. "MM "1 LOFT I 4VE/W0 RH LOFT PECERRATENANT - NIFSWAPTANANT Lox wN am5wn ,, HEATER EOGEMAR CENTER FORTNE ART THEATRE P.onwn -t ✓�. 199) RETAIL �p } T"RIORILLR SIGNS I ct� N39 244 1 L \ E RETAIL RELA T PEETECOFFEE EN ERRY E R J �, J ICE :REAM l , an.en wn A nl noaz^mu' I •� }�• BINEPARK { [A�HiTE�$ _ DEEPV BOMBSHELL HAIRSALON } e l— K t � t ONLY PARKING ENTRY &EKR LOCAT_1 ATw( � n ION F PESTAUMNT ORICKNMORTAR asnwrt I L ,I 1 M. "MM "1 LOFT I 4VE/W0 RH LOFT PECERRATENANT - NIFSWAPTANANT Lox wN am5wn ,, HEATER EOGEMAR CENTER FORTNE ART THEATRE P.onwn -t ✓�. 199) RETAIL �p } T"RIORILLR SIGNS I ct� N39 244 1 L \ E RETAIL RELA T PEETECOFFEE EN ERRY E R J �, J ICE :REAM l , an.en wn A nl noaz^mu' I •� }�• BINEPARK 1 aK' �a[a Oj' LOCATON RAPP.Rn J a GROUND FLOOR & PARKING PLAN 2 6 ' MAIN STREET The proposed exercise facility would be a CrossFit gym, which includes group class and one -on -one training. Members would not exercise on their own in the facility, thereby limiting the number of people on -site at one time. The applicant estimates that two to three employees and 15 members would occupy the space at any given time. The hours of operation, as conditioned by the Planning Commission, would be from 6 am to 10 pm Monday through Friday, Saturday and Sunday from 8 am to 5 pm and closed 5 Sundays. This timeframe would allow members to utilize the facility before and after typical work hours. The subject property utilizes shared parking for the site, with two parking variances granted in the past to allow for reduced parking spaces and valet parking to accommodate parking demand. As a mixed use complex with a range of neighborhood - serving uses with differing operating hours, the subject property is unique among the mostly single -use buildings along Main Street. These single use buildings typically have stagnant parking demand. The range of uses and hours of operation at the subject property create a synergy for parking, as the on -site land uses have differing parking demands throughout the day. This unique characteristic of the subject property provides a foundation for supporting the requested parking variance. Since the proposed use requires a greater number of parking spaces, as compared to the parking rate of 1 space per 300 SF required for retail and office uses, a parking N variance is sought to enable the proposed use. The proposed use requires a total of 22 parking spaces. With existing office space requiring 9 spaces, 13 additional parking spaces are required for the proposed use due to the offset between required spaces and credit for the existing use. The applicant maintains there is enough parking on site to accommodate the required new parking spaces. The existing conditions of the subject property do not allow for the construction of new parking spaces on site; therefore, the applicant seeks to utilize existing parking spaces and commissioned a parking study prepared by Gibson Transportation Consulting, Inc. The study provides satisfactory evidence that there are a sufficient number of spaces to meet the greater parking demand at Edgemar at all times of the day, without providing additional spaces for the proposed change in use. The parking study included data collected from six days during different timeframes. Peak period parking utilization observations from the following timeframes are as follows: • Morning: Friday November 16, 2012 @ 11 am- 82 spaces out of 102 total spaces occupied • Afternoon: Friday April 26, 2013 @ 1 pm- 78 spaces out of 102 total spaces occupied • Evening: Saturday April 27, 2013 @ 7 pm- 71 spaces out of 102 total spaces occupied (note: This peak evening parking demand occurred during a theater performance.) According to the parking study, the peak period parking at Edgemar was observed on Friday November 16, 2012 at 11 am, when all businesses were operational. This peak parking included the use of 82 parking spaces, with a surplus of 20 striped spaces and 19 valet spaces, for a total surplus of 39 spaces. The parking study concludes that the surplus during peak usage can accommodate the 13 net new parking spaces necessary for the gym; staff concurs with this analysis. Further, as part of the application, the applicant has proposed a Transportation Demand Management program that will reduce parking demand generated by the proposed use. 4'' 7 As a part of the applicant's parking reduction plan, the proposed TDM program consists of the following measures: • Employee Transit Subsidy: The gym operator shall provide all employees with a 50% subsidy for transit passes for the life of the project. • Bike Racks: The gym operator shall provide ten spaces, available for employees and customers. Should there be no on -site location for ten spaces, at least five (5) spaces shall be located on -site, with the remainder located directly adjacent to the subject property in the public right of way. • Transportation Information: The gym operator shall prominently display transportation information in high traffic areas of the facility, including information on ride share, shuttles, buses, bicycling, and other multi -modal transportation. This information will also be provided to patrons at registration. • Transportation Incentive Program: The gym operator shall establish and operate a program for patrons who do not drive to the site. Upon check -in, staff shall keep track of the method of arrival for each member. Patrons who do not drive to the site would benefit by a rewards program to be designed by the operator. The rewards program shall include, but shall not be limited to, a free hour of personal training for every 20 trips without using a vehicle (or reward with equal or greater monetary value), and any other reward program features intended to be effective in incentivizing members to use alternative transportation methods. Planning Commission Action On June 19, 2013, the Planning Commission reviewed and approved the Conditional Use Permit and Variance for the proposed exercise facility. The Commission identified the need for an exercise facility in this area while also preventing any potential impacts to surrounding residential areas. The Commission believed that the proposed conditions of approval would mitigate impacts to the adjacent residential neighbors. In order to further ensure the compatibility of an exercise facility with the surrounding neighborhood, the Commission changed the hours of operation on weekdays from opening at 5AM to opening at 6AM. The Commission also added a condition requiring the exterior doors to be closed during business hours. Further, the Commission placed conditions on the project that required the addition of sound - absorbing plywood and noise - reducing rubber floor surfaces to mitigate any noise from the use. Valet parking during business hours was also a condition of approval to avoid customers and L, employees parking on adjacent streets. These conditions are found in the approved Statement of Official Action, with details of the hearing highlighted in the June 19. 2013 minutes. Discussion Appeal Summary The appellant requests that the City Council overturn the Planning Commission's approval of the CUP and Variance due to the exercise facility's proposed hours of operation, potential noise and traffic impacts, and inability to enforce the conditions of approval. In particular, the appellant states the following: • The hours of operation are unacceptable due to noise disturbing residences in close proximity. • The project design did not include consideration of noise levels and how they will affect neighbors in close proximity to the health club during aerobic classes that may include music. • Parking is insufficient on the property and parking overflow occurs in adjacent residential neighborhood. • Existing conditional use permit conditions are being violated. The City Council, in its de novo review of this appeal, must determine whether the proposed project meets the findings required for a Conditional Use Permit and Variance identified in SMMC Sections 9.04.20.12.040 and 9.04.20.10.050, respectively and as provided in Attachment A. The City Council may uphold the appeal or uphold the decision of the Planning Commission, in whole or in part, based upon these findings. Appeal Analysis Based on the full record to date, including testimony and review presented at the Planning Commission public hearing and review of the appeal statement detailed more fully below, staff continues to recommend approval of both applications. The appellant states that the approved hours of operation are unacceptable due to noise disturbing residences in close proximity. The appellant also states the project design did not include consideration of noise levels and how they will affect neighbors in close proximity to the health club during aerobic classes that may include music. To mitigate this issue, the Planning Commission limited early morning hours to a start time of 6AM. This is one hour later than the opening time of Peet's Coffee, also at Edgemar, which opens at 5AM. Further, the Planning Commission required that all exterior doors of the business remain closed during hours of operation. To further mitigate noise from the exercise facility, the applicant proposed the installation of a noise - reducing rubber floor surface and plywood panels in the walls to absorb sound. Should the exercise facility violate the Noise Ordinance, further construction methods for noise mitigation will be required. The appellant states that parking is insufficient on the property and parking overflow occurs in the adjacent residential neighborhood along 2nd Street. Preferential parking on 2nd Street allows 2 hour parking from 9AM -6PM daily and no parking 6PM -2AM, except by permit. The appellant also states that existing customers of Edgemar park on 2nd Street, thereby causing the parking study to be inaccurate. Patrons of all Edgemar businesses are provided with two hour parking validation. The parking study conducted by Gibson Transportation concluded that the parking garage at Edgemar has 39 surplus parking spaces at the peak parking demand time, which occurred during observation on Friday, November 16, 2012 at 11AM. To ensure patrons of the exercise facility use the parking at Edgemar, the Planning Commission required valet parking be available to customers during all hours of operation. Further, the applicant committed to providing two hours of validated parking for patrons. The TDM measures proposed by the applicant are intended to reduce parking demand for the site. City staff supports the Transportation Demand Management program proposed by the applicant. The program offers a variety of incentives for employees and customers to use alternate modes of transportation, including public transit and bicycles. Unlike other commercial uses where it is difficult to apply measures that reduce customer parking demand, the membership aspect of the exercise facility allows 10 the applicant to provide a rewards program directly to its customers which could effectively reduce vehicular trips to the site. To support the reduction of parking demand generated by the proposed use, staff has included this proposed TDM program as a condition of approval (Condition No. 11). Further, the nature of the business will promote the use of walking or biking to the site as part of an exercise routine and overall healthy lifestyle program. This measure would also help reduce customer parking demand. The appellant states the conditions of approval for existing conditional use permits on the site are being violated. This is a code enforcement issue with individual businesses, R and should not affect decision making for another project on the site. Alternatives As an alternative to the staff recommendation, the Council may consider the following with respect to the pending appeal if supported by the full evidentiary record: 1. Uphold the appeal of Conditional Use Permit (13CUP004) and Variance (13VAR005) and deny the subject applications. 2. Articulate revised findings and /or conditions to Approve OR Deny the subject applications. Public Outreach Pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a (500 foot) radius of the project and published in the Santa Monica Daily Press at least ten consecutive calendar days prior to the hearing. Environmental Analysis This request is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301 (Class 1), Existing Facilities, of the State Implementation Guidelines in that the project involves the interior improvements to a 11 building to establish an exercise facility and approval of a modification to the off - street parking requirements associated with the proposed project which will involve no expansion of the existing use. The scope of the improvements will occur within an existing tenant space and involve only minor alterations with no increase in floor area to the building. Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action.. Prepared by: Rachel Dimond, Associate Planner Approved: Forwarded to Council: David Martin, Director Planning and Community Development Attachments: Rod Gould City Manager A. Draft Findings and Conditions of Approval B. Appeal Statement C. Public Notification D. Project Plans and Renderings 12 ATTACHMENT A Draft Findings and Conditions of Approval 13 CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance ", in that SMMC Section 9.04.08.28.040(g) provides that an exercise facility in the CM district may be permitted subject to a Conditional Use Permit. Furthermore, the project is consistent with LUCE policy LU4.2 which seeks to encourage local- serving businesses within walking distance of residences to reduce the frequency and length of vehicular trips. The project site is located on Main Street adjacent to residential uses, including the Ocean Park neighborhood. The applicant seeks membership within the local community and proposes a TDM measure that includes a rewards program incentivizing members to use alternative transportation methods to the site. The project is also consistent with LUCE policy D31.1, which recommends Main Street have a variety of commercial uses for the surrounding community. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the Main Street Special Commercial district permits exercise facilities, and includes a mix of commercial, retail, restaurant, and residential uses. The proposed exercise facility is consistent with and complementary to other uses in the area, and is located in an area of the City with a high concentration of pedestrian activity. It is not anticipated that the proposed exercise facility would have any significant negative impacts to the neighborhood. Moreover, conditions of approval associated with both the conditional use permit and the parking variance requests, such as limits to hours of operation and required valet parking, have been added to the project to mitigate potential adverse impacts and to ensure the use's compatibility with the surrounding neighborhood. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the parcel is developed with a two -story mixed use complex with 121 on- site parking spaces (including 19 valet parking spaces) accessible from Main Street that can accommodate the proposed use. Furthermore, the proposal involves the re -use of an existing tenant space. 4. The proposed use is compatible with the land uses presently on the subject parcel if the present land uses are to remain. These land uses include artist studios, barber and beauty shops, general offices, general retail uses, a theater, and a restaurant. The proposed use will not conflict with the existing uses. Further, the proposed use is complementary to the mix of retail, service, restaurant and residential uses on the subject parcel. 5. The proposed use would be compatible with existing and permissible land uses m within the district and the general area in which the proposed use is to be located, in that the Zoning Ordinance conditionally permits exercise facilities. The proposed exercise facility is consistent with and complementary to the mix of retail, service, restaurant, and residential uses in the area and specifically, the uses on -site. Conditions of approval associated with both the conditional use permit and the parking variance requests, such as limited hours of operation and required valet parking, have been added to the project to mitigate potential adverse impacts and to ensure the use's compatibility with the surrounding neighborhood. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the site is located in an urbanized area adequately served by existing infrastructure. ° 7. Public access to the proposed use will be adequate, in that vehicular access onto the site is provided from Main Street with pedestrian access from both Main Street and 2nd Street. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that the proposed exercise facility would occupy an existing office space within an existing building that is designed with pedestrian- orientation, and is adjacent to other service and retail commercial uses in the area. Consistent with the intent of a pedestrian - oriented use, the front of the tenant space would include retail visible through the building's large glazing surfaces. This configuration of the first floor would help activate the interior space adjacent to the courtyard, improving the building's overall pedestrian- orientation along Main Street. 9. The proposed use is consistent with the goals, objectives, and policies of the Land Use and Circulation Element (LUCE). Specifically, the proposed use is consistent with LUCE policy LU2.5, Vehicle Trip Reduction, which recommends strengthening of Transportation Demand Management programs that support accessibility by transit, bicycle and foot, and discourage vehicle trips. The applicant's TDM plan includes four components that will reduce vehicle trips to the site associated with the proposed use. These components include subsidized employee bus passes, incentives for alternative transportation, transit and bicycle information available to members and employees, and the installation of bike racks adjacent to the subject tenant space. This is also consistent with the LUCE policy D31.9, which encourages the implementation of an employee TDM program for new businesses. The proposed use is also consistent with LUCE policy LU4.2, which seeks to encourage local- serving businesses within walking distance of residences to reduce the frequency and length of vehicular trips. The project site is located on Main Street that is adjacent to residential uses, including the Ocean Park neighborhood. The applicant seeks membership within the local community and proposes a TDM measure that includes a 15 rewards program incentivizing members to use alternative transportation methods to the site. Unlike other commercial uses where it is difficult to apply measures that reduce customer parking demand, the membership aspect of the exercise facility allows the applicant to provide a rewards program directly to its customers which could effectively reduce vehicular trips to the site. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the proposed use is consistent with the Zoning Ordinance and the Land Use and Circulation Element, and project conditions have been added to mitigate any potential adverse impacts. 11. The proposed use conforms precisely to the applicable performance standards contained in Santa Monica Municipal Code Subchapter 9.04.12, in that no performance standard permit is required. 12. The proposed use will not result in an over - concentration of such uses in the immediate vicinity, in that the proposed exercise facility is located on Main Street which is an active part of the City that frequented often by local residents as well as office workers, shoppers, and visitors from outside the City. Furthermore, while there are other exercise facilities in the Main Street commercial district, the proposed use has unique programming that is different from other similar facilities. PARKING VARIANCE FINDINGS 1. There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification, in that the site is developed with an existing two -story mixed use complex with- a range of neighborhood - serving uses with differing operating hours. The mixed use nature of the subject property is a special circumstance in this neighborhood, as most buildings along Main Street have single uses and thus, stagnant parking demand. The range of uses and hours of operation create a synergy for parking, as the on -site land uses have differing parking demands throughout the day. The existing site constraints of a mixed use complex with surface and below -grade parking do not allow for additional parking spaces to be provided for the proposed use. Given the constraints of the existing on -site improvements, the applicant proposes a Transportation Demand Management program to help reduce the parking demand generated by the proposed exercise facility. In an effort to manage and ensure the most efficient use of the on -site parking, Condition No. 5 requires that valet service is provided for customers. 2. The granting of such variance will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located in that the applicant's proposed TDM program will reduce the parking IN El demand and the amount of vehicular trips within the area generated by the proposed exercise facility. To ensure the reduction of parking demand, the proposed TDM program is required as a condition of approval (Condition No. 6). A valet service is further required for this project to allow the most efficient use of the on -site parking (Condition No. 5). 3. The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships, in that the opportunity to establish an exercise facility is limited due to the inability to provide additional parking spaces on -site required by Code due to existing improvements located on the subject property and precludes the addition of neighborhood serving small scale exercise facilities in an existing mixed -use building that provides a broad range of community serving uses. 4. The granting of a variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, nor to the goals, objectives, and policies of the Land Use and Circulation Element (LUCE). Consistent with the LUCE policy D31.9, which encourages the implementation of an employee TDM program for new businesses, the project proposes a Transportation Demand Management strategy to help reduce the parking demand generated by the proposed use. In addition to the 121 parking spaces provided on -site (9 specifically for a retail /office use in the subject tenant space), the applicant proposes a Transportation Demand Management program that offers a variety of incentives for employees and customers to use alternate modes of transportation, including public transit and bicycles. Unlike other commercial uses where it is difficult to apply measures that reduce customer parking demand, the membership aspect of the exercise facility allows the applicant to provide a rewards program directly to its customers which could effectively reduce vehicular trips to the site. The program also proposes to provide transit service information to employees and customers. To ensure the reduction of parking demand generated by the proposed use, this proposed TDM program is a condition of approval (Condition No. 6). 5. The variance would not impair the integrity and character of the district in which it is to be located in that the proposed TDM program will encourage employees and customers to use alternate modes of transit to the site, thereby reducing the amount of vehicular trips and parking demand within the area. The plan will help increase the use of public transit and bicycles, supporting the pedestrian character of the district. To ensure the reduction of parking demand, the proposed TDM program is a condition of approval (Condition No. 6). In addition, Condition No. 5 requires that valet service is provided for this project to allow the most efficient use of the on -site parking. 6. The subject site is physically suitable for the proposed variance in that the parcel is developed with a two -story mixed use complex with 121 on -site parking spaces 17 accessible from Main Street that can accommodate the proposed use. As demonstrated in the parking inventory and data collected by traffic engineering consultants, Gibson Transportation Consulting, Inc., a sufficient number of parking spaces are provided to meet the greater parking demand of the participating uses in that the proposed leasing of 2,621 square feet of exercise facility (health club for parking requirements) would not generate a deficiency of parking spaces contained on the subject parcel. Vehicle trips to the site and on- site parking demand will be reduced through a Transportation Demand Management Plan to further promote transit, walking, and bicycling (Condition No. 6). Specifically, the Transportation Demand Management Plan includes employee transportation subsidies, bicycle parking, member incentives and providing transportation information to members and employees, which combined will have a visible effect on vehicular trips to the subject business. 7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed variance would not be detrimental to public health and safety in that the subject property is located within a developed urbanized environment that is adequately served by existing infrastructure, public utilities and services. It is not anticipated that approval of the subject application will create a need for additional utilities or services. 8. There will be adequate provisions for public access to serve the subject variance proposal in that in that vehicular access onto the site is provided from Main Street with pedestrian access from both Main Street and 2nd Avenue. In addition, the area is served by the Big Blue Bus and the Tide Shuttle services. 9. For the reduction of the automobile parking space requirements, the reduction is based and conditioned upon an approved parking reduction plan that incorporates transportation control measures that have been demonstrated to be effective in reducing parking needs and that are monitored, periodically reviewed for continued effectiveness, and enforced by the City. As part of the TDM program monitoring, the applicant shall annually submit a parking analysis that demonstrates the effectiveness of the TDM measures and successful implementation of shared parking on -site. Specifically, Condition No. 11 requires that the proposed Transportation Demand Management program be implemented to reduce the parking demand and the amount of vehicular trips within the area generated by the proposed exercise facility. The program would provide incentives for both employee and customers to use alternate modes of transportation other than private vehicle to the site. In addition, a valet service is required for this project to manage the existing parking on site and to allow the most efficient use of the on -site parking (Condition No. 10). 10. ' The strict application of the provisions of this Chapter would result in unreasonable deprivation of the use or enjoyment of the property in that due to the existing improvements, practical use or enjoyment of the subject parcel would not be possible due to the inability to provide the additional parking spaces k In required on -site by the proposed exercise facility that is a compatible use within the district. Conformance with Approved Plans 1. This approval is for those plans dated February 28, 2013, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2. 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, Landmarks Commission, or Director of Planning. 3. Final valet service operations shall be subject to the review and approval of the Transportation Management Division. 4. The Plans shall comply with all other provisions of Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. Project Specific Conditions: 5. All doors providing access .to the tenant space from the exterior shall be closed during business hours. The emergency exit that egresses to 2nd Street shall be closed at all times, except when used as emergency egress. 6. Prior to commencing business operations and use of the exercise room, the applicant shall install sound - absorbing plywood or similar noise - reducing reinforcements on the interior of the north walls inside the tenant space, subject to approval by the Director of Planning. 7. Prior to commencing business operations and use of the exercise room, the applicant shall install a noise - reducing rubber floor surface, subject to approval by the Director of Planning. 19 8. The business shall only be open to customers during the following hours: Monday through Friday: 6am through 10pm; Saturday and Sunday: 8am through 5pm. 9. All on -site exercise activities associated with the proposed use shall only be located within the exercise room inside the tenant space, as detailed on those plans dated February 28, 2013. Parking Variance Conditions 10. Valet parking service shall be provided on -site for customers of the subject business during business operating hours of the subject business. 11. As a part of the gym operator's parking reduction plan, the Transportation Demand Management program shall consist of the following measures: • Employee Transit Subsidy: The gym operator shall provide all employees with a 50% subsidy for transit passes for the life of the project. • Bike Racks: The gym operator shall provide ten (10) spaces, available for employees and customers. Should there be no on -site location for ten (10) spaces, at least five (5) spaces shall be located on -site, with the remainder located directly adjacent to the subject property in the public right of way. • Transportation Information: The gym operator shall prominently display transportation information in high traffic areas of the facility, including information on ride share, shuttles, buses, bicycling, and other multi -modal transportation. This information will also be provided to patrons at registration. • Transportation Incentive Program: The gym operator shall establish and operate a program for patrons who do not drive to the site. Upon check -in, staff shall keep track of the method of arrival for each member. Patrons who do not drive to the site would benefit by a rewards program to be designed by the operator. The rewards program shall include, but shall not be limited to, a free hour of personal training for every 20 trips without using a vehicle (or reward with equal or greater monetary value), and any other reward program features intended to be effective in incentivizing members to use alternative transportation methods. 12. The gym operator shall provide a minimum of two hours of validated parking for all patrons of the business. 20 Administrative 13. The Planning Commission's approval, conditions of approval, or denial of this application 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 Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040. 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 eighteen (18) months from the permit's effective date. Exercise of rights shall mean actual commencement of the use granted by the permit. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions shall not be granted if development standards or development process relevant to the project have changed since project approval. Additionally, the rights associated with this approval shall expire if the establishment ceases operation for a period of one year or longer. 14. Within ten (10) 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 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 Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 15. 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. 16. Prior to final inspection, the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment's conditions of approval, is available upon request. This notice shall remain posted at all times the establishment is in operation. 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. 18. Applicant is advised that projects in the California Coastal Zone may need approval of the California Coastal Commission prior to issuance of any building 21 permits by the City of Santa Monica. Applicant is responsible for obtaining any such permits. Construction Plan Requirements 19. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment t.o be placed indoors which may be heard outdoors. 20. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 21. 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. 22. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. Environmental Mitigation 23. Ultra -low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) 24. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Public Works Department for its approval. The recycling plan shall include 1) list of materials such as white paper, computer paper, metal cans, and glass to be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4) nature and extent of internal and external pick -up service; 5) pick -up schedule; 6) plan to inform tenants/ occupants of service. Standard Conditions 25. 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. 26. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12). 27. Street and /or alley lighting shall be provided on public rights -of -way adjacent to 22 the project if and as needed per the specifications and with the approval of the Public Works Department. 28. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot. Roof locations may be used when the mechanical equipment is installed within a sound -rated parapet enclosure. 29. 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. 30. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors which may be heard outdoors. 31. Prior to issuance of a Business License, the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit and the Statement of Official Action, which includes the establishment's conditions of approval, is available upon request. This notice shall remain posted at all time the establishment is in operation. 23 ATTACHMENT B Appeal Statement 24 City of lama Sang Monica Planning and Community development Department AN City planning Division c iY or (310) 458 -3341 JUN 2 % 2013 APPEAL FORM (Please Type or Print all Information) _.. Ap ligation Number Filed: By: Ct�t_ Q� E5n APPELLANT NAME: (��.�'_?`'�.� . L6 - -_ ICsw Z3 ILSE�� APP ELL,ANTADDRESS: CONTACT PERSON: CP, I.5 I-5R (A s s Phone: S Y7 °_6'f `f - r 11?8 (all correspondence will be mailed to this address .Address: Z I /of z ,ua7 PROJECT CASE NUMBER(S): OF PROJECT ADDRESS: 2-q33 M�t�,v � � Ss�rM Xavie,4, CIA, APPLICANT: ORIGINAL HEADING DATE: ( �G �c)1 ..._ Action heing appealed, Conditional Use Permit (tWUP0004) and Parking Variance (13VAR005) to allow the operation of an exercise 4 facility, and to allow a parking ivariance to satisfy off street papking requirements associated kith the`propoard use. Please state the specific reason(s) for the appeal (use separate sheet if necessary): Is the appeal related to the discretionary action and findings issued for the proposed project? FZJ Yes r7 No If yes, explain: C '4 1-r ?, c hF 6 D Is the appeal related to the conditions of approval? fZ Yes C1 No If yes, which conditions and why: Is the appeal related to design issues? 0 Yes ® No If yes, explain: Is the appeal related to compatibility issues such as building height, massing, pedestrian orientation, etc.? .0 Yes F7 No If yes, explain: Is the appeal related to non - compliance with the Santa Monica Municipal Code? ® Yes No If yes, which Code sections) does the project not comply with and why: Is the appeal related to environmental impacts associated with the project? Q Yes r7 No If yes, explain: Is the appeal related to other issues? M,Yes No If yes, explain: 5EG ✓ -77- z2 it APPELLANT SIGNATURE: NOTE: A hearing date on the appeal will not be scheduled until sufficient information regarding the basis for the appeal has been received to enable City Planning Division staff to prepare the required analysis for the staff report. Please state the specific reason(s) for the appeal (use separate sheet if necessary): Hours of Operation unacceptable due to noise disturbing residence in close proximity. Parking insufficient for needs and parking overflow onto 2nd street residential neighborhood Existing CUP's are continually being violated. .Ts the appeal related to the discretionary action and findings issued for the proposed project ? ®X yes —no If yes, explain: Parking is insufficient for needs. at present, parking already overflows onto 2nd street residential neighborhood. Parking study does not take into account the amount of Edgemar patrons that currently park on 2nd street and avoid the parking lo t altoge ther rs the appeal related to the conditions of approval" _ X_yes —no If yes, which conditions and why: Current conditions related to previous approvals are being ignored and violated. Parking study related to this variance is insufficient and does not include overflow parking onto the 2nd street residential neighborhood. Hours of operation and noise tests have not been taken into account These factors can have serious impact on residents in close proximity to the health club. Lv the appeal related to design Issues ;)_ ayes —no if yes explain., There has been no consideration as to noise levels and how they will effect neighbors in close proximity to the health club during aerobic c /eased that may include MUS/C: rs the appeal related to compatability issues such as building hel•ght, massing, pedestrian orientation, eta;' _X yes —no if yes, explain: - ! Patrons will be coming andgoing adjacent to residential units and will disturb neighboring properties as early as 5 00a m, 1°s the appeal related to non - compliance with the Santa Monica Municipal 6ode >_X yes ,_.,_;ono rf yes, which Code Section(s)does the project not comply with and why; Current violations occur on a regular basis on the project site and have been ongoing for decades: There is no faith thatgranting further variances will be adhered to or correct current violations _ . ... 1s the appeal related to environmental Impacts associated with the projecfP_, yes --no rf yes, explain: 77ifs project will further escalate the noise pollution currently cause by Ibis project .starting as early as 5.00 a in. .is the appeal related to other issuesP _X yes „_..,,.,no .rf yes, explain: tither issues include current violation on the project site. Violations to current CUP that is in place, Further escalation of the impact this project already has on neighboring residents &cquse of the deadline on filing this appeal, we reserve the right to add to this ,appeal Form at a later date and plan to do our own studies to help the Manning Commissionget a hetter picture of our situation, rhank you ATTACHMENT C Public Notification 25 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: 13APP006 (Appeal 13 -006 of Planning Commission Approvals of 13CUP004 and 13VAR005) 2433 Main Street APPLICANT: First Phase Health and Fitness APPELLANT: Janet Gilbert and 2nd Street Neighbors PROPERTY OWNER: Sequoia Shores, LLC A public hearing will be held by the City Council to consider the following request Appeal of Conditional Use Permit (13CUP004) and Variance (13VAR005) approvals to allow the operation of an exercise facility, and to allow a parking variance to satisfy off - street parking requirements associated with the proposed use at 2433 Main Street. DATE /TIME: TUESDAY, OCTOBER 8, 2013, AT 6:45 p.m. LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting. Address your letters to: City Clerk Re: 13APP006 (2433 Main Street) 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Rachel Dimond at (310) 458 -8341, or by e-mail at Rachel.dimond @smgov.net. The Zoning Ordinance is available at the Planning Counter during business hours and on the City's web site at www.santa- monica.org. The meeting facility is wheelchair accessible. For disability - related accommodations, please contact (310) 458 -8341 or (310) 458 -8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 4, 5, 7, 8, 9, and the Tide Ride serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPANOL Esto es una noticia de una audiencia publica pare revisar applicaciones proponiendo desarrollo en Santa Monica. Si deseas mas informacion, favor de Ilamar a Carmen Gutierrez en la Division de Planificacion al n6mero (310) 458- 8341. APPROVED AS TO FORM: ,n 1. AMANDA SCHACHTER Planning Manager Z: \COUNCIL \NOTICES\2013 \13APP006 (2433 Main Street).doc ATTACHMENT D Project Plans Electronic version of attachment is not available for review. 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( M ( ; ! o � ) ) ! } Reference: Item 6A has continued to October 221 2013 Council Meeting in response to Council Member McKeown request to check into the status of some of the businesses located on this property.