SR-7-A (20)
PCD SF KG AS DJ f \plan\share\councll\strpt\edgemar1 wpd
CouncIl Mtg August 26, 1997
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AUG 2 61997"
Santa MonIca, Callforma
TO Mayor and City CouncIl
FROM City Staff
SUBJECT Supplemental Staff Report for Item 7-A
INTRODUCTION
This supplemental staff report responds to concerns expressed by the Edgemar
applicant at the August 12, 1997 public hearmg regardmg Development Review 96-
001 conditIons of approval #4 and #49
DISCUSSION
The appeal flied by the Edgemar applicant objects to Development Review 96-001
Condition Nos 4 and 49, which read as follows
Condition No.4 Mmor amendments to the plans shall be subject to approval by
the DlTector of Plannmg and Community Development An Increase of more
than 300 sq. ft or a significant change In the approved concept, such as a
change from the theater use to another use, 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. Restaurant seating may not exceed 101 seats
(87 mdoor, and 14 outdoor), including any patio seating areas speCifically
deSignated for restaurant seating. The location of the 14 outdoor seats IS
limited to the area deSignated as "Proposed Outdoor Dining Area" on the plans
dated Apnl 8, 1997, and reVised on May 21, 1997
Condition No. 49 Any Significant change In the approved concept, change m
the proportion of the vanous uses or change In IntensIty of use from those uses
approved as part of thiS Development ReView Permit (for example any change
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AUG 2 6 1997
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for the proposed theater space or density Increase to more than 101 seats for
the restaurant) shall require Planning Commission review and that additional
parking be provided to meet Municipal Code requirements
Dunng the publiC testimony, the appellant expressed concerns that the conditions do
not prOVide a process With substantive standards for reVieW, nor the findings to be
made, by the Planning CommissIOn when consldenng future changes In use on the
site, and that the conditions are dlscnmlnatory In that they set a higher standard for
review for Edgemar than that which IS required for other properties throughout the City
by adding an additional process to the Zonmg Ordinance which IS not necessary
In response to these concerns, staff recommends the follOWing modifications to these
conditions to reflect the Intent that the procedure for review of Significant project
modIfications would be an amendment to the Development ReView permit
Condition No 4 Mmor amendments to the plans shall be subject to approval
by the DIrector of Planning and Commumty Development An mcrease of more
than 300 sq ft or a Significant change m the approved concept, such as a
change from the theater use to another use, shall be subject to an amendment
to the Development Review permit. :-'~~i"ii"iii"i~ C:':'i1iml~~ivj"j ~\::'v'i~'v-v ConstructIon
shall be m conformance With the plans submItted or as modified by the Planning
Commission, Architectural ReView Board or Director of Planning Restaurant
seatmg may not exceed 101 seats (87 Indoor, and 14 outdoor), Including any
patio seatmg areas speCifically deSignated for restaurant seating The location
of the 14 outdoor seats IS limited to the area deSignated as "Proposed Outdoor
DIning Area" on the plans dated Aprrl 8, 1997, and reVised on May 21, 1997
Condition No. 49 Any Significant change In the approved concept, change m
the proportion of the vanous uses or change In Intensity of use from those uses
approved as part of thiS Development ReVIew Permit (for example any change
for the proposed theater space or denSity Increase to more than 101 seats for
the restaurant) shall requIre an amendment to the Development Review permit
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Plciiiiiil9 CiJiliii,i:;:;iiJiI ;<;;;i<:;'-v. and that additional parking be provided to meet
MUnicipal Code requirements
This amendment procedure would be subject to the same review process and findings
as a Development Review permit, which are currently outlined In the Zoning Ordinance
In additIon, these conditions do not set a higher review standard for the Edgemar
Development than that established for other development projects In the City
ConditIon No 4 IS a standard conditIon of approval that applies to any project requlnng
a Development ReView permit If there IS a signifIcant change to the mix of approved
uses, the project's Development ReView permit must be amended Since most mixed
use commercial developments are a mixture of retail and office uses, significant
changes to the combination of approved uses are Infrequent However, Edgemar IS a
unique mix of uses, approved not only for retail and offices, but also for a restaurant
and museum Changes to thiS unique blend of uses must be evaluated through the
Development ReView permit to ensure that the mtegnty of the onglnal project
approvals IS maintaIned
RECOMMENDATION
It IS recommended that the CIty Council approve the project as recommended In the
August 12, 1997 staff report WIth the above modificatIons to DR 96-001 Conditions
No 4 and No. 49
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Prepared by Suzanne Frick, Director
Karen Ginsberg, Plannrng Manager
Amanda Schachter, Semor Planner
Donna Jerex, Associate Planner
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