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SR-6-L (5) it) ? ----t'tJ Cj b-L JAN 2 6 1988 CA:RMM:lld199/hpc city council Meeting 1-26-88 Santa Monica, California STAFF REPORT FROM: Mayor and City council city Staff TO: SUBJECT: Request for Approval of Findings for One Pica Boulevard Project (DR 325, EIA 814, CUP 417, ZA 5l69-Y) At its meeting on December 1, 1987, the City Council reversed the Planning Commission denial of DR 325, EIA 814, CUP 417, ZA 5l69-Y, a project involving the construction of a 196 room hotel with associated meeting rooms, restaurants, and health club at One pico Boulevard. In addi tion, the city Council directed City staff to prepare amended findings for this project. In response to this direction, the findings contained in Exhibit A, which is attached to this staff Report, have been prepared and are presented to the city Council for approval. RECOMMENDATION It is respectfully recommended that the city council approve the attached findings for the hotel project at One pico Boulevard. PREPARED BY: Laurie Lieberman, Deputy City Attorney - 1 - b--L JAN 2 6 1988 EXHIBIT A FINDINGS FOR ONE PICO BOULEVARD PROJECT DEVELOPMENT REVIEW FINDINGS 1. The development is consistent with the findings and purpose of ordinance Number 1321 (CCS) as set forth below. 2 . The structures on harmoniously to buildings along feature elements bungalows in the ~vay is designed scale and mass. physical location and placement of proposed the site are compatible with and relate surrounding sites and neighborhoods in that the the Promenade frontage are low in scale and which reflect the design qualities of beachfront area and the building on the east side of Appian in a horseshoe configuration to mitigate its 3. The existing and/or proposed rights-of-way and facilities for both pedestrian and automobile traffic will be adequate to accommodate the anticipated results of the proposed development, including off-street parking facilities and access thereto, in that a total of 495 on-site parking spaces, including 21 metered replacement spaces, will be provided on the site. Additionally, a cul-de-sac will be added at the foot of pico Boulevard and the traffic flow at the intersection of Pico Boulevard and Appian Way will be improved by an increase in the width of the curb return and the installation of stop signs at each corner of the intersection. 4. The existing and/or proposed public and/or private health and safety facilities (including, but not limited to, sanitation, sewers, storm drains, fire protection devices, protective services, and public utilities) will be adequate to accommodate the anticipated results of the proposed development. 5. The proposed development is consistent with the General Plan of the City of Santa Monica and the Zoning Ordinance in that the project will conform to the height, bulk, use, and urban design policies for the Oceanfront District as specified in the Land Use Element of the General Plan and conform to the appropriate R4, R4A standards contained in the Zoning Ordinance subject to approval of variances for setbacks and for the use of exterior entrances directly to the commercial uses wi thin the hotel. CONDITIONAL USE PERMIT FINDINGS FOR ALCOHOL USE 1. The proposed use and location are in accordance with good zoning practice, in the public interest, and necessary that substantial justice be done in that the proposed alcohol service - 2 - is designed to accommodate the needs of hotel visitors through the availability of alcohol through room service, within the two restaurants, seafood bar, lobby bar, and pool area. 2. The proposed use is compatible with existing and potential uses within the general area, traffic or parking congestion will not result, the public health, safety, and general welfare are protected, and no harm to adjacent properties will result in that the use will be fully contained within the hotel and be part of the overall hotel operation which will have a total of 495 on-site parking spaces. 3. The welfare of neighborhood residents will not be adversely affected based on the findings above. 4. There will be no detrimental effect on nearby residentially zoned neighborhoods considering the distance of the alcohol outlet to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol outlets in that the alcohol use will be an incidental component of the hotel operation and is designed to serve the needs of hotel visitors. CEQA FINDING 1. The city council finds that the Final Environmental Impact Report (EIR) has been prepared in compliance with CEQA, the state EIR Guidelines, and the city of Santa Monica CEQA Guidelines, and that it has reviewed and considered the contents of the Final EIR in its decision-making process, and hereby certifies the Final EIR. The project as approved will not have a significant effect on the environment. All potentially significant impacts can be reduced to a less than significant level through implementation of appropriate mitigation measures, as incorporated as conditions of approval herein. FINDINGS FOR SETBACK VARIANCES AND REAR YARD ADJUSTMENT 1. The granting of these variances and adjustment is desirable to the public convenience and general welfare and not in conflict with the policies of the General Plan and will not be materially detrimental or injurious to the property or improvements in the immediate neighborhood in which the property is located in that: A. beachfront site parking. Said development. The project is an appropriate re-use of a currently partially vacant and partially used for parking will be replaced on-site within the B. The project incorporates reduced setbacks in order to reinforce the site's property lines and while preserving the waterfront view down Pica Boulevard, the project creates a prominent focal point at the western terminus of Pico Boulevard, - 3 - a major east-west street in the City, consistent with Policy 3 .5. 2 of the Land Use Element. The reduction in setbacks is mitigated through the incorporation of ample articulation on all elevations with open corridors; and the bridge above Appian Way features a landscaped trellis. Additionally, considerable open space improvements of benefit to the project and surrounding neighborhood will be provided along Pico Boulevard, the Promenade, and vicente Terrace. C. The proj ect is consistent with Pol icies 1. 5, 1.5.1, 1.5.3, 1.5.4, and 1.5.8 of the Land Use Element in that the proposed hotel is a visitor-serving use which by its nature and architectural design will encourage day and evening pedestrian activity along the Promenade frontage. D. The project will generate City tax revenue through a variety of tax sources, including transient occupancy tax revenue from the hotel. E. The proj ect is designed as a complex of three separate buildings with a low scale beachfront which anchor the foot of pico Boulevard and the Promenade by being built adjacent to the property line which visually reinforces the street, consistent with policy 4.3.3 of the Land Use Element. F. The proj ect, wi th its si ting adj acent to the Promenade, provision of pedestrian amenities, and articulated facade along the beach frontage, is consistent with Policy 3.3.1 of the Land Use Element. G. The reduced rearyard setback west of Appian Way is adjacent to a vacated portion of Vicente Terrace which will be improved by the developer with landscape treatment, thus benefiting the surrounding community. The reduced rearyard setback east of Appian Way abuts vicente Terrace, thus visually reinforcing the street. 2. There are exceptional circumstances or conditions applicable to the property involved and to the intended use and development of the property that do not apply generally to other property in the same zone or neighborhood in that the hotel, by the nature of its use, has particular circulation requirements which are best facilitated utilizing a plan which sites the building adjacent to the property lines and provides ample open space within the interior of the site. 3. The strict application of the setback requirements of the Zoning Ordinance to this project would result in practical difficulties and/or unnecessary hardships inconsistent with the general purpose and intent of the Zoning Ordinance and the General Plan in that: A. The hotel constitutes a commercial visitor-serving use, one which is encouraged in the ocean front area by Land Use Element Policy 1.5.8, that would not be subject - 4 - to setback requirements but for the fact that it is located in an R-4 zone. B. The configuration of the lots on development is to be built creates practical difficulties in providing setbacks since the hotel is two lots with a street running between them. C. The project design provides usable terraces and balconies consistent with Land Use Element Policy 3.5.1 and a variety of setbacks and articulation. To require strict compliance with setback requirements would cause unnecessary hardship since the number of hotel rooms would have to be reduced so as to threaten the viability of the project. which this and unique situated on FINDING FOR MONETARY CONTRIBUTION 1. The City Council finds that the proposed development will be of public benefit to the city of Santa Monica and in conformance with Policies 3.1.4 and 3.4.3 of the Land Use Element in that, as a condition of approval, the developer will donate a total of $540,000.00 to be used for public open space improvements to the beachfront directly in front of the hotel and for the selection, acquisition, and installation of a public art piece to be located in the specified area at the foot of Pico Boulevard or wi thin the improved beach area adj acent to the project. The proposed development, while providing many benefits to the City, will also have negative impacts in that it will affect existing open space and views northward from Pi co Boulevard to the Pier. The donation of $540,000.00 for open space improvements and public art will mitigate those impacts. SPECIAL CONDITIONS 1. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities particularly along the Promenade; scale and articulation of design elements; exterior colors, textures, and materialS; window treatment; glazing; and landscaping. To the extent feasible, the Architectural Review Board shall require the use of drought-resistant plants where appropriate. 2 . As part of proj ect approval, the developer shall be required to make improvements to Pico Boulevard west of Appian Way and the vacated portion of Vicente Terrace and to repave the Promenade area directly in front of the project. 3. Prior to issuance of the site on the west side of acreage in order to expunge property. a Building Permit, the portion of Appian Way shall be reverted to a final Subdivision Map on the 4. Prior to issuance of a Building Permit, the developer shall execute a license agreement for use of portions of pica - 5 - Boulevard west of Appian Way and Appian Way adj acent to the project. Said agreement shall be in a form acceptable to the City Attorney and approved by the city Manager. Revenues from these agreements will be approximately $553,000 and shall be payable prior to the issuance of a building permit. 5. Prior to issuance of a Building Permit, the vacation of pi co Place north shall be approved. 6. Prior to issuance of a Building Permit, the developer shall enter into an agreement for terms and payments of $540,000 into an account for the funding of beach front and public art improvements to be directly located on the beach area in front of the hotel and on Pico Boulevard. Said agreement shall be in a form acceptable to the City Attorney and approved by the city Manager. The agreement shall establish a process for the selection, acquisition, and installation of a public art piece to be located in the specified area at the foot of pico Boulevard and possibly within the improved beach area immediately adjacent to the project. Maintenance of art work may be required of the hotel developer. All art work shall be public property owned by the city. 7. Construction hours shall be limi ted to those established in Santa Monica Municipal Code section 4314. 8. Prior to issuance of a certificate of Occupancy, the developer shall enter into a maintenance agreement for the maintenance of the area of Pica Boulevard west of Appian Way, the vacated portion of vicente Terrace I the beach area in front of the project, and for maintenance and operation of the public art work. Said agreement shall be in a form acceptable to the City Attorney and SUbject to City Manager approval. 9. Prior to issuance of a Building Permit, the developer shall submit a plan for maintaining access along Appian Way during construction. The plan shall be subject to approval by the Director of General Services and the Traffic and Parking Engineer. 10. During construction, the portion of the eastern side of the site adjacent to the Drake Hotel shall be screened by a solid eight foot minimum high fence to mitigate construction noise. 11. Public entrances directly from the exterior of the building to the restaurant facilities, bars, and retail shops shall be subject to approval of a variance. 12. The underside of the bridge over Appian Way shall be finished with a rough surface to mitigate sound reflection and noise levels in this area. 13. During construction, use of the Promenade/Bike Path shall not be obstructed. - 6 - 14. Prior to issuance of a Building Permit, the developer shall submit a plan for the staging of construction vehicles subject to approval by the Parking and Traffic engineer and the Director of General Services. The plan shall also indicate where construction workers will park their vehicles. 15. Prior to issuance of a Building Permit, the clearance height for the bridge above Appian Way shall be approved by the Director of General Services. 16. The developer shall confer with the City and the Los Angeles County Department of Public Works to coordinate the design and construction schedule of the pica Boulevard improvements with the Pico/Kenter storm drain approval. 17. Prior to issuance of a Building Permit, the developer shall demonstrate to the satisfaction of the Director of General Services that the project includes a wastewater reclamation plumbing system which saves and recirculates a minimum of thirty percent (30%) of the wastewater within the project. 18. Prior to issuance of a Building Permit, the developer shall submit a plan specifying how access will be provided for trash service to the Drake Hotel. The plan shall be subject to the approval of the Director of General Services and the service alley shall be maintained by the developer. 19. Signage shall be provided prior to issuance of a certificate of Occupancy at the end of pico Boulevard and at Appian Way to indicate that there is self-parking available to the publ ic in the proj ect garage. S ignage wi thin the garage shall indicate that the spaces are not for employee use. 20. A four way stop shall be provided at the intersection of Appian Way and Pica Boulevard and pedestrian crosswalks shall be installed at this intersection subject to the approval of the Director of Parking and Traffic. 21. All fountains shall be operated using a water system which is approved by the Director of General Services. 22. The developer shall with with the city's accessibility consultant to ensure that the Pica Boulevard improvements are handicapped accessible and meet Title 24 requirements. Signage shall be posted indicating that the area is accessible. 23. Confirmation stating that there is available capacity in the sanitary sewer system at the time of connection shall be obtained by the developer from the Director of General Services prior to issuance of a Building Permit. 24. Prior to issuance of a Building Permit, the developer shall submi t a copy of the agreement for replacement parking totaling 90 spaces for the pritikin Center. Said agreement shall be binding and shall exist for the length of time that the pritikin Center or its successor continues to operate in the - 7 - existing building with the current or similar use. The developer shall not be required to provide such replacement parking for any new development on the pritikin site. The agreement shall be in a form acceptable to the City Attorney and subject to City Manager approval. 25. The project owner shall contact the Police Department in order to identify and implement appropriate design and operational features which maximize security. 26. To mitigate fire safety impact, appropriate fire suppression, emergency access, and construction design features shall be implemented as required by the City Fire Department. 27. To mitigate parking and traffic impacts, the project owner shall: A. Arrange for appropriate van or bus service to and from Los Angeles International Airport for hotel guests. B. Provide local public transit displays on-site identifying routes and headway schedules along with promotional information concerning destinations within walking/transit/biking distance from the hotel. C. Provide maps to hotel patrons showing locations of restaurants, shopping areas, beach facilities, pier activities, etc. that can be reached easily by walking. D. Give first priority to City residents for all hotel jobs not otherwise filled by then-existing hotel employees subject to the requirements of state and federal laws. E. Regulate timing of deliveries to the service driveway to avoid peak traffic periods. F. In that the 4th street Hotel and the hotel at 1700 Ocean Avenue are required to develop a shuttle system serving the major local areas of hotel user destinations, the developer shall participate in this shuttle system with shared expenses. The shuttle shall be available for hotel and general public uses. The shuttle shall operate on a schedule established by the City for at least eight hours daily with the understanding that the minimum eight hour block of time could be broken into two parts to coincide with peak hotel demand. Participation in the program shall begin when the hotel reaches an initial seventy percent (70%) occupancy rate for three consecutive months, or within two years from issuance of the Certificate of Occupancy, whichever is sooner, based on monthly reports provided to the Planning Director by the project owner. In lieu of participating in a shuttle service, the city will reserve the right to unilaterally require annual payment to the city of annual shuttle operating costs, including replacement reserves and depreciation for funding of a city-sponsored shuttle system. - a - G. Establish and operate a ride-sharing program for employees. H. Provide bus tokens to employees at one-half cost. Appropriate signage shall be posted stating this requirement. I. Upon taking meeting/banquet room reservations, hotel management shall routinely encourage that vehicle occupancy among attendees be maximized in any written materials provided to persons making reservations. J. Regulate meeting/banquet schedule to group sizes that can be accommodated with on-site parking capacity. K. Provide a valet parking system in a portion of the parking garage during peak events to obtain additional aisle and tandem spaces. The layout shall be approved by the City Parking and Traffic Engineer. 28. On-site parking shall be made available without cost to employees at the site. Appropriate signage shall be posted stating this requirement. 29. Appropriate pool drainage hookups to a sanitary sewer line shall be provided and pool drainage shall only occur during low flow periods. 30. Trash areas and facilities shall be enclosed. 31. Low flow shower heads and faucets shall be installed throughout the project. 32. Boulevard bicyclists Promenade. Signage shall be installed at the intersection of pi co and the Promenade to direct people to watch for and proceed with caution onto and across the 33. Prior to any street or alley vacation, developer shall enter into an agreement in a form acceptable to the City Attorney to pay for all costs incurred by the City as a result of the vacation, including any damages the City is required to pay any property owner as a result of the vacation. STANDARD CONDITIONS 1. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board. 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 substantial conformance with the plans submitted or as modified by the Planning commission, Architectural Review Board, or Director of Planning. - 9 - 3. The rights granted herein shall be effective only when exercised within a period of one year from the effective date of approval. Upon the written request of the applicant, the Director of Planning may extend this period up to an additional six months. 4. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 5. Final parking area layout and specifications shall be subj ect to the review and approval of the Parking and Traffic Engineer. The garage entry shall be designed to permit cars to queue within the interior to mitigate queuing along Appian Way. 6. Refuse areas, storage areas, and mechanical equipment shall be screened in accordance with Santa Monica Municipal Code sections 9127J.2-4. Refuse areas shall be of a size adequate to meet on-site need. 7. 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. 8. Openable windows shall be provided throughout the project, in a manner consistent with applicable Building Code and energy conservation requirements. 9. street trees shall be maintained, relocated, or provided as required in a manner consistent with the city's Tree Code (Ordinance Number 1242 (CCS)), per the specifications of the Department of Recreation and Parks and the Department of General Services. No street tree shall be removed without the approval of the Department of Recreation and Parks. 10. street and/or alley lighting shall be provided on public rights-of-way adjacent to the project if and as needed per the specifications and with the approval of the Department of General Services. 11. Any outdoor lighting shall be shielded and/or directed away from adjacent residential properties, with any such lighting not to exceed 0.5 foot candles of illumination beyond the perimeter of the subject property. ALCOHOL OUTLET CONDITIONS FOR RESTAURANTS. SEAFOOD BAR. AND POOL BAR 1. The premises shall serve food to patrons during all hours the establishment is open for customers. 2. The premises shall maintain a kitchen or food-serving area in which a variety of food is prepared and cooked on the premises. - 10 - 3. No alcoholic beverage shall be sold for consumption beyond the premises. LLD199/hpc - 11 -