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SR-7-A (69) . . 7--,4 LUTM:PB:DKW:DM PC/CDR90007 Council Mtg: March 26, 1991 M!~Q ? f ~S3~ Santa Monica, California TO: Mayor and city council FROM: City staff SUBJECT: Appeal of a Planning Commission Approval of a Development Review, Variance and Negative Declaration to Permit the Construction of a Five Story, 31,775 Square Foot Mixed Use Building with Ground Floor Retail Space and Four Levels of Residential Space on the Second through Fifth Floors. INTRODUCTION This report recommends that the city Council deny the appeal and uphold the Planning commission approval of Development Review 90-007, Variance 90-023 and Negative Declaration 896 to permit the construction of a five story mixed use building at 1423 Second Street. The site is currently occupied by a 26 space metered parking lot. At the Planning commission meeting of October 24, 1990, the Commission approved the project by a vote of six in favor and none opposed, with one absent. The Planning staff recommended approval of the proj ect. The appellant has filed an appeal of the Planning Commission action. BACKGROUND In January of 1989, Community Corporation of Santa Monica applied for a Development Review to allow the construction of a 6-story, mixed-use building containing a 542 seat theatre and 28 single room occupancy residential units. The City council had endorsed 7-,4 - 1 - Mr, ~. t tr -1. ~} . ~.i ~ l .:.jj . . the idea of the theatre, in an effort to replace the service pro- vided to the Hispanic Community by the Cine Latino, which was removed as part of the Janss Court development at Third and Broadway. The city and Community Corporation entered into negotiations with an operator to run the proposed theatre. However, due to the projected cost of the theatre operation and the proliferation of movie theatres in the Third street Promenade area, the mix of uses in the proj ect was reconsidered and the theatre portion of the building was changed to commercial space, which would include a Hispanic cultural center and retail space. At the Planning Commission meeting of October 24, 1990, the Com- mission approved the proposed Development Review, Variance and Negative Declaration by a vote of six to zero with one commis- sioner absent. On November 7, 1990, the Planning Commission ap- proval was appealed by "Second and Santa Monica Associates". As stated in the attached appeal form (Attachment A), the appel- lant's primary concern regarding the project is the impact that the removal of the 26 space surface level parking lot and the construction of the project may have on the parking situation in the area. Project Design The proposed 5-story, mixed-use building would include ground floor cultural and commercial space and four floors of residen- tial above. The entrance to the cultural space and the 44 single room occupancy units would be located off of Second Street with a - 2 - . . housing lobby containing a stairway, an elevator and mail area. Access to the commercial space is off of Mall Court West. Residential amenities, including laundry facilities, a common kitchen, a landscaped courtyard and a community meeting room are located on the second floor, along with eight residential units. The third through fifth floors contain twelve units each for a total of 44. The SRO' s feature a full bathroom and a living room/bedroom area. The units are designed to accommodate only one person. 3rd street Specific Plan and Zoning Ordinance Conformance The project site is located in Zone 3 of the Third street Mall Specific Plan. The Plan allows cultural and commercial uses at the ground floor and residential uses above the first floor. sections 4.1.45 and 4.1.46 permit buildings to be constructed to a height of 4 stories, 56' and a floor area ratio of 3.0, or 6 stories, 84' with a site plan review. The Zoning Ordinance permits projects in the C3C District to be built to a maximum height of 4 stories, 56' with a floor area ratio of 2.5. However, the code allows floor area devoted to residential uses in the C3C District to be discounted by 50%. The project contains a total of 25,475 square feet of residential space and 6,300 square feet of commercial space. By discounting the residential space by 50%, the space would be counted as 12,737.5 square feet. Adding the discounted amount to the com- mercial space equals a total of 19,037.5 square feet. This results in a floor area ratio of 2.5. - 3 - . . Where the development standards of the Zoning Ordinance are in- consistent with the Third street Mall Specific Plan, the stan- dards contained in the Third street Mall Specific Plan govern. The 2.5 floor area ratio is less than that which could be devel- oped under the standards of the Third street Mall Specific Plan. However, site plan review is required to allow the building to be built to a height of 5 stories, 63'. Traffic and Circulation A traffic analysis prepared by stevens Garland Associates an- alyzed the traffic impacts on seven intersections near the proj- ect. Based on the City Traffic Division Guidelines, the study concluded that the project would not have a significant impact on traffic in the area. Project generated traffic is not considered to cause a significant impact based on the definition of "signif- icant impact" according to he City's traffic impact guidelines, as follows: "A project is considered to have a significant traffic impact if the addition of project traffic to an inter- section results in an increase of 0.02 or greater in the V Ie ratio, and the intersection is proj ected to operate at a level of service of E or F either before or after addition of the project traffic." Based on the definition above, the project would not have a sig- nificant traffic impact at any of the seven analyzed intersec- tions. The intersection of Fourth Street and Santa Monica Boulevard would operate at a LOS of E. However I the proposed - 4 - . . project would not significantly increase the vIC ratio at the intersection and therefore is not considered to have a signifi- cant impact. parking The Zoning Ordinance parking requirements for the project would be 51 spaces. Due to the fact that no on-site parking is planned for the project site, the 51 spaces theoretically needed for the project and the 26 spaces displaced from the existing parking lot located on the site would need to be absorbed by the City parking facilities in the vicinity. staff believes that application of standard code parking requirements to this project is inappropri- ate for two reasons: first, that the project is located in the parking assessment district, where no projects are required to have on-site parking; and second, that the nature of the project would result in a minimal parking demand. Furthermore, the ap- plicant has indicated that in similar type developments, a majority of the tenants either do not have cars or do not possess the ability to drive. According to preliminary data collected by Kaku Associates for the downtown parking study, structure #6, which is the structure located in the same block as the project, is operating at a week- day peak of 65% occupancy between 9 P.M. and 10 P.M., resulting in 128 available spaces, and a weekend peak of 98% occupancy between 9 P.M. and 10 P.M., resulting in 8 available parking spaces. The parking study also found that while certain struc- tures may be near capacity during peak periods, peak period - 5 - . . utilization for the entire district, including all six struc- tures, is only 63%, which results in a 37% availability rate (1,130 parking spaces). Of the approximately 3500 parking spaces in all six structures, 1100 spaces have been reserved as permit spaces. At the City Council meeting of February 19, 1991, the Council approved several modifications to the Citywide parking policies. Among these modifications was a plan to convert all permit parking spaces in the downtown parking structures to metered spaces. This will result in the conversion of approximately 1100 permit spaces to metered spaces, making these spaces available to the general pUblic. Based on the surplus of available parking in the district, and the nature of the project, the proposed use is not expected to result in a shortage of parking in the district. Loading Space Parking Variance Section 9045.3(e) (SMMC) states that one loading space shall be provided for commercial buildings with 3,000 to 15,000 square feet of floor area. Therefore, the proposed 6,300 square feet of retail space would require one loading space. The applicant has requested a Variance to allow the commercial space to the built with a loading space that does not meet the dimensional require- ments of the Zoning Ordinance. The proposed loading area would have a dimension of 5' X 18' as opposed to the 10' X 20' space required by Code. - 6 - . . The 6,300 square feet of commercial space would be divided into 1,825 square feet of cultural space and 4/475 square feet of com- mercial space. The inclusion of the cultural space within the commercial square footage may reduce the need for a full size loading space due to the fact that the activity in the cultural space would not involve the sale or distribution of goods. The site is served by a one way, 20' wide rear alley, which is often used by existing bus inesses in the area for loading purposes. Based on the fact that the commercial use in the project would generate a minimal amount of loading activity and that the proj- ect would provide a 5' X 18' loading area, the granting of a Variance would not appear to create a conflict in the general area of the project. Conclusion The proposed Development Review and Variance is consistent with the policies and requirements of the Third street Mall Specific Plan and the Zoning Ordinance. The mixed-use nature of the proj- ect would add to the on-going revitalization of the Third street Promenade area by providing ground floor commercial space and upper level residential units. The affordable housing provided by the project is also a significant public benefit and consis- tent with City policy. Adequate parking for the use is available in the City parking structures and the project would not result in any long term significant environmental impacts. - 7 - . . shall also indicate the hours of permissible construction work. 20. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 21. 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.) 22. Prior to issuance of a Certificate of Occupancy, project owner shall present documentation to the General Services Department certifying that existing Santa Monica occupan- cies with toilets installed prior to 1978 have been retro- fitted with ultra low-flow toilets (1.6 gallons per flush or less) such that development of the new project will not result in a net increase in wastewater flows. Flow from existing occupancies which will be removed as part of the new development may be deducted from flow at- tributable to the new development if such occupancies have been occupied within one year prior to issuance of a Building Permit for the proposed project. Alternatively, proj ect owner may provide a payment to the General Ser- vices Department in an amount specified by General Ser- vices in lieu of the installation requirement, which funds shall be used by the City for the exclusive purpose of aChieving compliance with this condition by retrofitting existing occupancies. Flow calculations for new develop- ment and existing occupancies shall be consistent with guidelines developed by the General services Department. Projects subject to this condition shall not be eligible for the "Baysaver" rebate program. 23. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of General Services 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. 24. To mitigate circulation impacts, prior to issuance of a Certificate of Occupancy, proj ect owner shall submit a transportation demand management plan to the Department of General Services for its approval. This plan shall in- c1 ude : 1) Name, address and telephone number of desig- nated person(s) responsible for coordinating transporta- tion demand management measures at the development. 2) - 7 - . . Demand management measures to be employed at the site to reduce circulation impacts which would otherwise occur. Such measures may include, but are not limited to programs addressing: A. Education and Marketing to alert employees and visitors to the site to demand reduction programs and incentives; B. Parking Management such as parking charges for single-occupant vehicles, reduced rates for car and vanpools; C. Ridesharing programs such as a rideshare matching program, incentives, and car and vanpool sub- sidies; D. Transit programs such as provision of bus schedules to employees and visitors, subsidized bus tokens and passes to employees and visitors; E. Bicycling pro- grams such as provision of secure bicycle storage facili- ties, provision of showers and lockers; F. Alternative Work Schedules for building employees to avoid peak AM and PM traffic hours and reduce overall trips; G. Trip Length Reduction by programs to increase proportion of employees residing within three miles of the project site. The goal of the Transportation Demand Management Plan shall be to reduce vehicle trips which would otherwise occur by twenty percent. Miscellaneous Conditions 25. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 26. 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. 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 sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 28. 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. Validity of Permits 29. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. - 8 - . . 30. Within ten days of 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 Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant 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. 31. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the ap- peal. Any appeal must be made in the form required by the Zoning Administrator. Monitoring of Conditions 32. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordi- nate a monitoring and reporting program regarding any re- quired changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and departments such as the Building Division, the General Services Department, the Fire Department, the Police Department, the Community and Economic Development Department and the Finance De- partment are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certifi- cate of Occupancy, or other permit, and that other respon- sible agencies are also informed of conditions relating to their respons ibil i ties. proj ect owner shall demonstrate compliance with conditions of approval in a written report submi tted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions. INCLUSIONARY UNIT CONDITIONS 33. The developer shall covenant and agree with the City of Santa Monica to the specific terms, conditions and restrictions upon the possession, use and enjoyment of the subject property, which terms, conditions and restrictions shall be recorded with the Los Angeles County Recorder's Office as a part of the deed of the property to ensure that seven affordable units are provided and maintained over time and through subsequent sales of the property. An affordable unit shall be defined as being affordable to households with incomes not exceeding 100% of the (HUD) - 9 - . . Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Community and Economic Development. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the unites) available to eligible tenants and 2) responsibili- ties of the City of Santa Monica to prepare application forms for potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. OWner shall provide the City Planning Division with a conformed copy of the recorded agreement prior to approval of the Final Map. This provision is intended to satisfy the inclusionary housing requirements of Program 12 of the Housing Element of the General Plan of the City of Santa Monica ("Program 12") . Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with Ordinance 1448 (CCS), which provides implementation standards for Program 12. VOTE Ayes: Kaufman, Morales, Nelson, Pyne, Polhemus, Rosenstein Nays: Abstain: Absent: Mechur NOTICE If this is a final decision not subject to further appeal under the city of Santa Monica Comprehensive Land Use and Zoning Or- dinance, 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 1400. I hereby certify that this statement o~ o~~icial Action accurate- ly re~lects the ~inal determination of the Planninq commission of the City of Santa Monica. signature date - 10 - . . Ralph Mechur, Chairperson Please Print Name and Title I hereby aqree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds tor potential revocation of the permit approval. Applicant's signature Print Name and Title PC/qst9007 DM - 11 - . . CITY PLANNING DIVISION community and Economic Development Department MEMORANDUM DATE: October 17, 1990 TO: The Honorable Planning commission FROM: Planning staff SUBJECT: Development Review 90-007, Variance 90-023, EIA 896 Address: 1423 Second Street Applicant: Community Corporation of Santa Monica SUMMARY Action: Application for a Development and Site Review and a Variance to allow the construction of a 5 story, 31,775 square foot, mixed use building with ground floor retail space and four levels of residential space on the second through fifth floors. A Development Review is required for projects over 30,000 square feet in the C3C District. A site Review is required to allow a building to be built over 56 I, to 63 I in Zone 3 of the Third Street Mall Specific Plan. A Variance is being requesting to allow the construction of 6,300 square feet of ground floor retail space without a loading space. A Negative Declaratioh will also be considered for EIA 896. Reco1\Ut\endation: Approval with Conditions Permit Streamlining Expiration Date: January 15, 1990 SITE LOCATION AND DESCRIPTION The subject property is a 7,500 square foot parcel located on the east side of Second Street between Santa Monica Boulevard and Broadway having a frontage of 50 feet on Second Street. Sur- rounding uses consist of City parking structure number six on the adj acent lot to the south (C3C), a two-story commercial office building on the adjacent lot to the north (C3C), a two-story com- mercial office building and the American Youth Hostel across Second street to the west (C3C), and one to two story retail building across West Mall Court to the east (C3C). Zoning Districts: C3C Land Use Districts: Downtown Core Parcel Area: 50' X 150' = 7,500 square feet - 1 - ^"1\ACf.h../l6..lT c... . . PROJECT DESCRIPTION proposed is the removal of a 26 space, surface level parking lot, and the construction of a 5-story, mixed-use building. The pro- posed project would consist of 6,300 square feet of ground floor commercial space and 44 single room occupancy residential units on the second through fifth floors. A 1,825 square foot portion of the ground floor commercial area would be used as a cultural/ community center facility. The second floor of the project would consist of 8 residential units (including the managerts unit), a landscaped courtyard, laundry facilities, and a community room. The third through fifth floors would each contain 12 units. The residential units are designed as single room occupancy units (SRO's) and include a full bath, kitchen facilities, and a combi- nation living room/bedroom. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with the Third street Specific Plan and the Municipal Code and in conformity with the General Plan as shown in Attachment A with the exception of the loading space requirements set forth in the Subsection 5E of the Zoning ordinance. CEQA STATUS An Initial Study has been prepared for this project and approval of a Negative Declaration is recommended. Copies of the Initial study were distributed to the Planning commission at the begin- ning of the 30 day public review period. No comments were received. The Final Initial Study is attached (Attachment B). RENT CONTROL STATUS The project site is currently a City parking lot with no struc- tures and is not subject to any rent control restrictions. FEES The project will be assessed fees pursuant to Resolution No. 7286 (CCS) which established the Third street Mall and Downtown Park- ing Improvement District. The residential portion of the project is subject to a Parks and Recreation Facility Tax of $200.00 per unit. ANALYSIS Background In January of 1989, Community corporation of Santa Monica applied for a Development Review to allow the construction of a 6-story, mixed-use building containing a 542 seat theatre and 28 single room occupancy residential units. The City council had endorsed the idea of the theatre, in an effort to replace the service pro- vided to the Hispanic Community by the Cine Latino, which was - 2 - . . removed as part of the Janss Court development at Third and Broadway. The City and Community corporation entered into negotiations with an operator to run the proposed theatre. However, due to the projected cost of the theatre operation and the proliferation of movie theatres in the Third Street Promenade area, the mix of uses in the project was reconsidered and the theatre portion of the building was changed to commercial space, which would include an Hispanic cultural center and retail space. An Initial Study, EIA 896, has been prepared to analyze any po- tential project impacts. Project Desiqn The proposed 5-story, mixed-use building would include ground floor cultural and commercial space and four floors of residen- tial above. The entrance to the cultural space and the 44 SRO's would be located off of Second Street with a housing lobby con- taining a stairway, an elevator and mail area. Access to the commercial space is off of Mall Court West. Residential amenities, including laundry facilities, a landscaped courtyard and community meeting room are located on the second floor, along with eight residential units. The third through fifth floors contain twelve units each for a total of 44. The SRO's feature a full bathroom, kitchen facilities, and a living room/bedroom area. The units are designed to accommodate only one person. The exterior of the building would consist of a cement plaster and painted metal facade with wood trellis details and a clear glass storefront. The proj ect complies with the current land- scape setback requirement of 50% of the facade setback an average of 10' and a minimum of 5'. No other setback requirements are applicable. 3rd Street specific Plan and Zoning Ordinance Conformance The project site is located in Zone 3 of the Third Street Mall Specific Plan. The Plan allows cultural and commercial uses at the ground floor and residential uses above the first floor. Sections 4.1.45 and 4.1.46 permit buildings to be constructed to a height of 4 stories, 56' and a floor area ratio of 3.0, or 6 stories, 84' with a site plan review. The Zoning Ordinance permits projects in the C3C District to be built to a maximum height of 4 stories, 56' with a floor area ratio of 2.5. However, the code allows floor area devoted to residential uses in the C3C District to be discounted by 50%. The project contains a total of 25,475 square feet of residential space and 6,300 square feet of commercial space. By discounting the residential space by 50%, the space would be counted as 12,737.5 square feet. Adding the discounted amount to the com- mercial space equals a total of 19,037.5 square feet. This results in a floor area ratio of 2.5. - 3 - . . Where the development standards of the Zoning Ordinance are in- consistent with the Third street Mall Specific Plan, the stan- dards contained in the Third street Mall Specific Plan govern. The 2.5 floor area ratio is less than that permitted by the Third Street Mall Specific Plan. site plan review is required to allow the building to be built to a height of 5 stories, 63'. Traffic and circulation A traffic analysis prepared by stevens Garland Associates an- alyzed the traffic impacts on seven intersections near the proj- ect. Based on the City Traffic Division Guidelines, the study concluded that the project alone would not have a significant impact on traffic in the area. Project generated traffic is not considered to cause a significant impact based on the definition of "significant impact" according to he city's traffic impact guidelines, as follows: itA project is considered to have a significant traffic impact if the addition of project traffic to an inter- section results in an increase of 0.02 or greater in the V Ie ratio, and the intersection is proj ected to operate at a level of service of E or F either before or after addition of the project traffic.1I Based on the definition above, the project would not have a sig- nificant traffic impact at any of the seven analyzed intersec- tions. The intersection of Fourth street and santa Monica Boulevard will operate at a LOS of E. However, the proposed project would not significantly increase the VIC ratio at the intersection and therefore is not considered to have a signifi- cant impact. Parking A parking analysis was conducted specifically for the proposed project. Due to the fact that no on-site parking is planned for the project site, the 51 spaces theoretically needed for the project and the 26 spaces displaced from the existing parking lot located on the site would need to be absorbed by the City parking facilities in the vicinity. staff believes that application of standard code parking requirements to this project is inappropri- ate for two reasons: first, that the project is looated in the parking assessment district, where projects are not required to have on-site parking, and second, that the nature of the project would result in a minimal parking demand. The parking analysis concluded that City parking structure six, located adj acent to the proposed proj ect could accommodate the bulk of the project parking demand. At the time of the study, the 372 space structure had a peak utilization of 180 spaces in the daytime, which would result in a surplus of 192 spaces. Due to a recent increase in the amount of activity in the Downtown area, the conclusion of the parking study regarding the number of surplus spaces may not be up-to-date. The Parking and Traffic - 4 - . . Division is currently conducting a parking study which will pro- vide up to date information on the Downtown parking situation. At any rate, the applicant has indicated that in similar type developments, a majority of the tenants either do not have cars or do not possess the ability to drive. Loading Space Parking Variance Section 9045.3(e) (SMMC) states that one loading space shall be provided for commercial buildings with 3,000 to 15,000 square feet of floor area. Therefore, the proposed 6,300 square feet of retail space would require one loading space. The applicant has requested a Variance to allow the comm~rcial space to the built without a loading space. The 6,300 square feet of commercial space would be divided into 1,825 square feet of cultural space and 4,475 square feet of com- mercial space. The inclusion of the cultural space within the commercial square footage may reduce the need for a loading space due to the fact that the activity in the cultural space would not involve the sale or distribution of goods. The site is served by a one way, 20' wide rear alley, which is often used by existing businesses in the area for loading purposes. Based on the fact that the commercial use in the project would generate a minimal amount of loading activity and that there is a standard, 20' rear alley adjacent to the project site, the granting of a Variance to allow the project to be developed without a loading space would not appear to create a conflict in the general area ot the project. Conclusion The proposed Development Review and Variance is consistent with the policies and requirements of the Third street Mall Specific Plan and the Zoning Ordinance. The mixed-use nature of the proj- ect would add to the on-going revitalization of the Third Street Promenade area by providing ground floor commercial space and upper level residential units. The project would not result in any long term significant environmental impacts. RECOMMENDATION It is recommended that the Planning commission approve Develop- ment and site Review 90-007, Variance 90-023 and a Negative Dec- laration for EIA 896 with the following findings and conditions: NEGATIVE DECLARATION FINDINGS The Planning Commission hereby finds that the Final Initial Study and Negative Declaration should be certified in that: 1. The Commission has reviewed and considered the contents of the Final Initial Study and Negative Declaration, consisting of the Draft Initial Study and Negative Declaration, public comments, and responses. - 5 - . . 2. The Final Initial Study and Negative Declaration adequately review and analyze potential environmental effects of the proposed project. 3. The environmental review was conducted in accordance with applicable state and City CEQA guidelines including preparation, notification, and content requirements. 4. A Negative Declaration is appropriate, in that the Initial study provides sufficient data to support a finding that the project will not have a significant effect on the environment. VARIANCE FINDINGS ~. There are special circumstances or exceptional charac- teristics 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 most of the proj- ect is residential and a portion of the commercial space will not be used for the sale or distribution of goods. 2. The granting of such variance 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 rear alley will provide adequate space for the limited amount of loading that may result from the project. 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 parcel is 50' wide and the inClU- sion of a loading space would reduce area that would be available for commercial use. 4. The granting of a variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, or to the goals, objectives, and policies of the General Plan, in that the area is a commercial district where the use of an alley for loading purposes is a common occurrence. 5. The variance would not impair the integrity and character of the district in which it is to be located, in that the rear alley will provided adequate space for the limited amount of loading that will result from the project. 6. The subject site is physically suitable for the proposed variance, in that the site is adjacent to the rear alley. 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 - 6 - . . safety, in that the site is currently served by existing streets and alleys. 8. There will be adequate provisions for public access to serve the subject variance proposal, in that there is an existing alley to the rear of the site. 9. The strict application of the provisions of Chapter 10 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance would result in unreasonable deprivation of the use or enjoyment of the property, in that given the con- figuration of the proposed project and the subject site, the inclusion of a loading space would reduce the amount of area available for commercial use along the alley elevation. DEVELOPMENT AND SITE REVIEW FINDINGS 1.. The physical location, size, massing, and placement of proposed structures on the site and the location of pro- posed uses within the project are compatible with and re- late harmoniously to surrounding sites and neighborhoods, in that the proposed building is of similar size and scale as existing buildings located in the C3C District and in the Third street Mall Specific Plan area. 2 . The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the project is designed for pedestrian orientation to the street and al- ley and the limited amount of parking demand generated by the project can be absorbed by existing parking facilities in the area. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the project is an in-fill of an already developed area with all necessary services and infrastructure preestablished. 4. Anyon-site provision of housing or parks and public open space, which are part of the required project mitigation measures required in Subchapter 5G of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, satis- factorily meet the goals of the mitigation program, in that the project developer will be required to pay all necessary housing and parks mitigation fees and 44 residential units will be provided on site. 5 . The proj ect is generally consistent with the Municipal Code and General Plan, in that the project is designed to meet all code requirements and the General Plan with the exception of the loading space requirements, for which a Variance has been applied. 6. Reasonable mitigation measures have been included for all adverse impacts identified in an Initial study in that all - 7 - . . reasonable mitigation measures identified by the Initial Study have been included as conditions of approval. CONDITIONS Plans L This approval is for those plans dated Kay 15, 1990, 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. The Plans shall comply with all other provisions of Chap- ter l, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the city of Santa Monica. 3. Minor amendments to the pla~s 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. Architectural Review Board 4. 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 Architec- tural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback im- pacts of any ramps or other features necessitated by ac- cessibility requirements. 5. Construction period signage shall be subject to the approval of the Architectural Review Board. 6. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 7. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials ~ window treatment; glazing; and landscaping. 8. Landscaping plans shall comply with Subchapter 5B (Landscaping standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. - 8 - . . 9. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC section 9040.13-9040.15. 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. Fees 10. The city is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establ ishing mi tiga t ion requirements , including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the city. This ordinance may require that the owner of the proposed proj ect pay such new development fees, and that employers within the project pay such new annual em- ployer fees related to the City I S Transportation Manage- ment Plan. 11. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unites) on the subject lot, per and subject to the provisions of Section 6670 et seg. of the Santa Monica Municipal Code. Demolition 12. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion. any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS). 13. 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. construction 14. Unless otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 15. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. - 9 - . . 16. 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. 17. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 18. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General Services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or side- walk is proposed to be used in conjunction with construc- tion; 5) Set forth the extent and nature of any pile- driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewater- ing and its effect on any adjacent buildings; 8) Describe anticipated contruction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normal- ly permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe con- struction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager. 19. A siqn shall be posted on the property in a manner consis- tent with the public hearing sign requirements which shall identify the address and phone nQmber 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. 20. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation - 10 - . . 21. Ultra-low flow plmnbing 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.) 22. Prior to issuance of a Certificate of Occupancy, project owner shall present documentation to the General Services Department certifying that existing Santa Monica occupan- cies with toilets installed prior to 1978 have been retro- fitted with ultra low-flow toilets (1.6 gallons per flush or less) such that development of the new project will not result in a net increase in wastewater flows. Flow from existing occupancies which will be removed as part of the new development may be deducted from flow at- tributable to the new development if such occupancies have been occupied wi thin one year prior to issuance of a Building Permit for the proposed project. Alternatively, proj ect owner may provide a payment to the General Ser- vices Department in an amount specified by General Ser- vices in lieu of the installation requirement, which funds shall be used by the City for the exclusive purpose of achieving compl iance with this condition by retrofitting existing occupancies. Flow calculations for new develop- ment and existing occupancies shall be consistent with guidelines developed by the General Services Department. Projects subject to this condition shall not be eligible for the "Baysavern rebate program. 23. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of General Services 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. 24. To mitigate circulation impacts, prior to issuance of a certificate of Occupancy, proj ect owner shall submit a transportation demand management plan to the Department of General Services for its approval. This plan shall in- clude: 1) Name, address and telephone number of desig- nated person(s) responsible for coordinating transporta- tion demand management measures at the development. 2) Demand management measures to be employed at the site to reduce circulation impacts which would otherwise occur. Such measures may include, but are not limited to programs addressing: A. Education and Marketing to alert employees and visitors to the site to demand reduction programs and incentives; B. Parking Management such as parking charges for single-occupant vehicles, reduced rates for car and vanpools; C. Ridesharing programs such as a rideshare matching program, incentives, and car and vanpool sub- sidies; D. Transit programs such as provision of bus schedules to employees and visitors, subsidized bus tokens - 11 - . . and passes to employees and visitors; E. Bicycling pro- grams such as provision of secure bicycle storage facili- ties, provision of showers and lockers; F. Alternative Work Schedules for building employees to avoid peak AM and PM traffic hours and reduce overall trips; G. Trip Length Reduction by programs to increase proportion of employees residing within three miles of the project site. The goal of the Transportation Demand Management Plan shall be to reduce vehicle trips which would otherwise occur by twenty percent. Miscellaneous Conditions 25. The building address shall be painted on the roof of the building and shall measure four feet by eiqht feet (32 square feet). 26. 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. 27. If any archaeological remains are uncovered during excava tion 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 sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 28. 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. validity of Permits 29. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 30. Within ten days of 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 Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant 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. - 12 - . . 31. This determination shall not become effective for a period of fourteen days trom the date ot determination or, 1 f appealed, until a final determination is made on the ap- peal. Any appeal must be made in the form required by the zoning Administrator. Monitoring of Conditions 32. pursuant to the requirements of Public Resources Code section 21081.6, the City Planning Division will coordi- nate a monitoring and reporting program regarding any re- quired changes to the proj ect made in conj unction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and departments such as the Building Division, the General Services Department, the Fire Department, the Police Department, the comm~nity and Economic Development Department and the Finance De- partment are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certifi- cate of occupancy, or other permit, and that other respon- sible agencies are also informed of conditions relating to their responsibilities. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions. INCLUSIONARY UNIT CONDITIONS 33. The developer shall covenant and agree with the City of Santa Monica to the specific terms, conditions and restrictions upon the possession, use and enjoyment of the subject property, which terms, conditions and restrictions shall be recorded with the Los Angeles County Recorder's Office as a part of the deed of the property to ensure that seven affordable units are provided and maintained over time and through subsequent sales of the property. An affordable unit shall be defined as being affordable to households with incomes not exceeding 100% of the (HOD) Los Angeles County median income, expending not over 30% of monthly income on housing costs, as specified by the Housing Division of the Department of Comm~nity and Economic Development. This agreement shall be executed and recorded prior to approval of the Final Map. Such agreement shall specify 1) responsibilities of the developer for making the unites) available to eligible tenants and 2) responsibili- ties of the city of Santa Monica to prepare application forms for potential tenants, establish criteria for qualifications, and monitor compliance with the provisions of the agreement. - 13 - . . 4 . . Owner shall provide the City Planning 01 vision wi th a conformed copy of the recorded agreement prior to approval of the Final Map. This provision is intended to satisfy the inclusionary housing requirements of Program 12 of the Housing Element of the General Plan of the City of Santa Monica ("Program 12") . Developer may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with Ordinance 1448 (CCS), which provides implementation standards for Program 12. Prepared by: David Martin, Associate Planner Attachments: A. B. C. o. Municipal Code Conformance Radius Map Final Initial study Project Plans DM PCjDR90007 03/14/91 - 14 - ... Cateqory Permitted Use Moratorium status Dwelling units Height of Building Number of stories Setbacks Front yard Sideyard Rearyard Upper Story BId. Vol. Env. Lot coverage F.A.R. Parking Access . . ATTACHMENT A MUNICIPAL CODE CONFORMANCE Municipal Code Retail and Residential uses Permitted Third street Mall Specific Plan area is exempt from the Commercial Morator- ium. Number of units determined by allowable FAR 84' wjDevelopment Review 6 wjDevelopment Review 50% of building setback average of 10', minimum of 5'. NjA NjA NjA MIA MIA 3.0 wjDevelopment Review Parking Space Dimension MIA N/A - 15 - Projec~ Mixed Use Building w/retail & residential Project is located in Specific Plan area 44 SRO's 63' S 250 sq. ft. of yard is provided w/SO% of building setback a minimum of S' . 2.52 " ..- A . ~ark~ng Space Number Compact Parking % Loading spaces . . Project is located in the Downtown Assessment District and no parking is required. N/A 1 Inclusionary Units/Fee Seven units or payment of in-lieu fees. proj. Mit. Heas. Fee N/A - 16 - None A variance has De en requested to allow the project w/out a loading space. Condition of approval requires Program 12 compliance . . . BUDGET/FINANCIAL IMPACT The project will be assessed fees pursuant to Resolution No. 7286 (CCS) which established the Third Street Mall and Downtown Parking Improvement District. The residential portion of the project is subject to a Parks and Recreation Facility Tax of $200.00 per unit. RECOMMENDATION It is respectfully recommended that the Council deny the appeal and uphold the Planning commission approval of Development Review 90-007, Variance 90-023 and Negative Declaration 896 with the findings and conditions contained in the Planning Commission statement of Official Action dated 10/24/90 (Attachment B). Prepared by: D. Kenyon Webster, Principal Planner David Martin, Associate Planner Planning Division Land Use and Transportation Management Department Attachments: A. Appeal for dated 11/07/90 B. Planning Commission statement of Official Action dated 10/24/90 C. Planning Commission Staff Report dated 11.07/90 D. Project Plans DM PC/CDR90007 03/21/91 - 8 - . . -- JQr1lAaIU1 nr l ~ Coto C ~l M~ Ctif-A,) CIty of Santa Monica Community and Economic Development Department Planning and Zoning Division (213) 458.8341 APPEAL FORM FEE' $100.00 Date R!ed n (.., l Of U ReceIved by V{\/\nA l':r _ Receipt No e- t l t: 4- (0 ( t""l~ Name ~~COND & SANTA ~lONICA ASSOCIATES Address 11818 \~ILSHIRE BLVD. f!104 . Contact Person r-lr. Steaven K. Jones, Jr. Phone (213 )477-1241 Please descnbe !he project and deciSIOn to be appealed 1423 SECOND STREET Case Number Address Applicant Onglnal heanng date Onglnal actIOn " Please state !he specKIc reason(s) for the appeal ~-:-L- ~c--:..-~-'- ---" .. ~ _ _.::::..... "L....__ ""'::l---"'_ --..#-::~,;;Irt., , SlQnature ~ 1!1/.'7() A1\~~ A ~ -. ---...-.-____ ____-...oI.......~ -__~~ ~ ......~........_ _.~~Il.~ --.-.;--...--.... IlJl__I___1 _r""'~-""'" . . ROGE:) DANIELS 1414 Second Street Santa Mr'nlca, Ca. 90401 (')13) 458-1639 Clty of Santa Munica clannlno Commlsslon 1685 Main Street Santa Monica, Ca. 90401 October 17, 1990 Dear Com~iss~oner, Re: Second Street Center I am writing to encourage you to deny approval of the subject project untll such time as expanslon of parking structure #6 has been funded and approved for construction. The property owners and tenants within the Parking Dlstrict, and specif~cally on Second Street are currently experlencing a crltically short supply of parking. This shortage wlII be compounded severely if th15 project is approved. The current "Prelimlnary Summmary~ of for structure #6 1S very misleadlng. [xamp1e:T t 1 . t t o a spaces In s ruc ure less permit parking Parklnq Utilizatlon 370 -157 Balance 213 The "Permit Parklngll Spaces have been ovpr-subscrlb1ed for months, so therefore, should not be conSldered as Jvailable, regardless of the percentage of use shown in the report. -' Of the remainlng 213 spaces the demand created by thiS project represents 77 spaces, or 36% bf the entire "available" spaces. (The 77 spaces is a totallof 51 for the proJect plus the 26 spaces lost as a result of the project.) The problem is also compounded by the fact that 20% of the work week (Wednesday) is impossible because of Farmers Market. One shop closes on Wednesdays because their customers cannot find ~~rking. Considering the responsibilities entrusted to the Planning Commission by the Citizens of Santa Manica, I feel that it would be irresponsible to approve this project without the City first providing addItional parking in structure #6. -Z:.[t,~~ R~~er Daniels -" cc: Paul Berlant Director of Planning .--....--.- ----"""-"--......- - .--""'" -~_.-...._~ .- __1'-"" -"'.r-"_------ ~__~ . HOTEL Oeor~idn · Julia Marid . 1415 OCEAN AVENU~ . SANTA MONICA C,A. 90.401 TEL 213 . 395 . W.4S llESV aoo. !27 . f<)!El FAX. 213 . ~ 1 . 3374 October 8, 1990 Santa Monlca Planning Commission Planning D1Vls1on, Room 2.12 1635 Main Street San+a ~onica> CA 90401 Dear Commlssion Member' I am the General Partner of ~he 1415 Ocean Av~nue Investment Group - the owner of the Hotel Georglan * Julla Mar~a. I rece~ved the Notice of Development ~90-007 today, JU6t 48 hours before the Wednesday deadllne for wri~~en com~ent6. That seems to be very short nctlce if 0ne 16 to Lntell1gently evaluate a nearty project of th16 sC31e, ~. We also own a property dlrectly across the street from the proposed d~velopment WhlCh we intend, at 60me fut~re date, to d~v~~op 3nd which 1S governed by f3r more ~~S~r~?tlve development and ~oning restrictlons, We've heard talk of thlS project for some tlme now - mostly from ci~y off1':1:'\15 best to leave unnamed - saY1ng h'?w lts a "done deal', ~s II any n~ighborhood oPposit1on would C~ of no .. conseql.lence. I My comments/concerns are the following 1) Why such short notice - Is this by accident or plan? 2) How large is the project - why is the total square footage excluded from th~ proJect"s description. The absence of the actual square footage number gives the impression that the project 16 not 60 large I 3) I~m under the impression the legal FAR is 2.5. Let"s assume this 16 a 31,500 Square foot proJect on a 7,500 square foot site. That"s a FAR of 4.21 Why so great? 4) Why are there no on-site parking spaces provided as any other developer would have to provlde. Do Coastal Commission parameters allow this? Is the City exempt from these requirements? _ -- - - --- ....---.... - -- --- -- ----- ~- ....~ ---- ........;...---- ~_~ _~.. __ -L ___ ,,------- -'-..... . . 5) If the 1ntent is to shift the load to the adjacent parklng structure, then the project should be d1sallowed untll the compl~tion of the park1ng structure' 5 - "expansion", or at least not allowed to start unt1l guarantees are 1n place that the structure's expanSlon will be c0mpleted concurrently w1th completion of the proJect. Any parklng fund~ from Community Corp should be used ONLY for that spec1f1c structure. - 6) There is a genulne shortage of parking spaces lU the eX15ting structure, Th1S 15 not reflected 1n the study that was .done 2 1/2 year5 ago ~ and upon WhlCh the decls10n was rendered that an EIR was unnecessary. N0t only w1ll the parking spacest it less to other users parking spaces project remove 26 sorely needed will add another 50 or so for a net of ~he parklng dlstrlct of 75+ Fur~herrnore, the subject-slte was orlg1nally a parklng lot and was. when the Mall studles W~r~ done a wh1le back, assumed to remalrl a c0ntlnlUng part of the parklng space inventory to be ava1lable for the lncreased parklng actlvity ant1c1pa~ed for the Mall Not only does the proposed project r~~ove ~hese very lmportant 26 parklng spaces, It removes ano~her 50 or so - the adverse eff~ct will not be mltlgated unt1l the s~ructur~ lS exp~nded at least by that sa~e a~ount An important prlnclple is involved here and, In MY oplnlon, has teen overlooked! ThlS s!te with 26 park1ng ep~ces was. ~nd now 15, currently part of the park1ng solu~ion Once it gets developed without its own parking, It becomes part of the prnblem! Since this site is Clty property, I can't help feel the City should be using lt for a parking solution, i.e. bUlld four or 50 floors of new parking abuttlng the exist1ng structure w1th access and egress via the eX1sting structure (knock out openings at each level in the side of the eXlsting ~tructure) The proposed use of the site for housing is illoglcal and would make far better sense on almost any other slte ra~her than one already so lntensely utilized by the Mall project. We pay taxes to use this lot and the structure. For what purpose, if we don't have sufficient parking inventory! The inventory's systematic reduction with taclt City blessing re1nforces the opinion I am ferming_of a truly maverick City government, ram-rodding pet proJects through wlthout any real input from the affected neighborhoods. Another alrport fiasco? --. ~ ~ -- --..-"-- - ---......... - --- ,,~----.. ...............-""- --..- ~ - ~ ~ ~'*- . . . That a project could have gotten thlS far without any notice to the Second Street and the Mall communlty until now is incredl.ble! O1elY, Gary v Nevllle, Ine General Partner, _ 1415 Ocean Avenue Investment Group '---'\...- G,JN/'tw -' ~ -~ .....~ .._,-~.._=~--~ _ -'-t- __ -' ____ __ -<- ________ .. __ - "'-.11 - . ---~..tI .. --~ - -..... ~ ......... . . STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Development Review 90-007 Variance 90-023 Environmental Impact Assessment 896 LOCATION: 1423 2nd street APPLICANT: Community Corporation of Santa Monica CASE PLANNER: David Martin, Associate Planner REQUEST: Application for a Development Review, Variance and Negative Declaration to permit the con- struction of a 5 story, 31, 775 square foot, mixed use building with ground floor retail space and four levels of residential space on the second through fifth floors. PLANNING COMMISSION ACTION 10/24/91 Date. xx Approved based on the following findings and subject to the conditions below. Denied. Other. EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: CUP 90-007 - 11/08/90 VAR 90-023 - 11/08/90 EXPIRATION DATES OF ANY PERMITS GRANTED: CUP 90-007 - 11/08/91 VAR 90-023 - 11/08/91 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES CUP 90-007 - 3 Months VAR 90-023 - 6 Months NEGATIVE DECLARATION FINDINGS - 1 - A~t46Jr B . . The Planning Commission hereby finds that the Final Initial study and Negative Declaration should be certified in that: 1. The Commission has reviewed and considered the contents of the Final Initial Study and Negative Declaration, consisting of the Draft Initial Study and Negative Declaration, public comments, and responses. 2. The Final Initial Study and Negative Declaration adequately review and analyze potential environmental effects of the proposed project. 3. The environmental review was conducted in accordance with applicable state and City CEQA guidelines including preparation, notification, and content requirements. 4. A Negative Declaration is appropriate, in that the Initial Study provides sufficient data to support a finding that the project will not have a significant effect on the environment. VARIANCE FINDINGS 1. There are special circumstances or exceptional charac- teristics 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 most of the proj- ect is residential and a portion of the commercial space will not be used for the sale or distribution of goods. 2. The granting of such variance 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 rear alley will provide adequate space for the limited amount of loading that may result from the project. 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 parcel is 50' wide and the inclu- sion of a loading space would reduce area that would be available for commercial use. 4. The granting of a variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, or to the goals, objectives, and policies of the General Plan, in that the area is a commercial district where the use of an alley for loading purposes is a common occurrence. 5. The variance would not impair the integrity and character of the district in which it is to be located, in that the - 2 - . . rear alley will provided adequate space for the limited amount of loading that will result from the project. 6. The subject site is physically suitable for the proposed variance, in that the site is adjacent to the rear alley. 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 site is currently served by existing streets and alleys. 8. There will be adequate provisions for public access to serve the subject variance proposal, in that there is an existing alley to the rear of the site. 9. The strict application of the provisions of Chapter 10 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance would result in unreasonable deprivation of the use or enjoyment of the property, in that given the con- figuration of the proposed project and the subject site, the inclusion of a loading space would reduce the amount of area available for commercial use along the alley elevation. DEVELOPMENT AND SITE REVIEW FINDINGS l. The physical location, size, massing, and placement of proposed structures on the site and the location of pro- posed uses within the project are compatible with and re- late harmoniously to surrounding sites and neighborhoods, in that the proposed building is of similar size and scale as existing buildings located in the C3C District and in the Third street Mall Specific Plan area. 2. The rights-of-way can accom1llQdate autos and pedestrians, including parking and access, in that the project is designed for pedestrian orientation to the street and al- ley and the limited amount of parking demand generated by the project can be absorbed by existing parking facilities in the area. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the project is an in-fill of an already developed area with all necessary services and infrastructure preestablished. 4. Anyon-site provision of housing or parks and public open space, which are part of the required project mitigation measures required in Subchapter 5G of the city of Santa Monica Comprehensive Land Use and Zoning ordinance, satis- factorily meet the goals of the mitigation program, in that the project developer will be required to pay all necessary housing and parks mitigation fees and 44 residential units will be provided on site. - 3 - . . 5. The project is generally consistent with the Municipal Code and General Plan, in that the project is designed to meet all code requirements and the General Plan with the exception of the loading space requirements, for which a variance has been applied. 6. Reasonable mitigation measures have been included for all adverse impacts identified in an Initial study in that all reasonable mitigation measures identified by the Initial study have been included as conditions of approval. CONDITIONS Plans 1. This approval is for those plans dated Kay 15, 1990, 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. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. 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. Architectural Review Board 4. 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 Architec- tural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback im- pacts of any ramps or other features necessitated by ac- cessibility requirements. 5. Construction period signage shall be subject to the approval of the Architectural Review Board. 6. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. - 4 - . . 7. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials; window treatment; glazing; and landscaping. 8. Landscaping plans shall comply with Subchapter 55 (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 9. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9040.13-9040.15. 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. Fees 10. The City is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the City. This ordinance may require that the owner of the proposed proj ect pay such new development fees, and that employers within the project pay such new annual em- ployer fees related to the City's Transportation Manage- ment Plan. 11. A Park and Recreation Facilities Tax of $200.00 per residential unit shall be due and payable at the time of issuance of a building permit for the construction or placement of the residential unit(s) on the subject lot, per and subject to the provisions of Section 6670 et seq. of the Santa Monica Municipal Code. Demolition 12. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS). 13. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permi tted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be ke~t clear of all trash, weeds, etc. Construction - 5 - . . 14. Unless otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 15. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. 16 . Vehicles haul ing dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. 17. street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 18. A construction period mitigation plan shall be prepared by the appl icant for approval by the Department of General Services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license n~mbers of all con- tractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or side- walk is proposed to be used in conjunction with construc- tion; 5) Set forth the extent and nature of any pile- driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewater- ing and its effect on any adjacent buildings; 8) Describe anticipated contruction-related truck routes, number of truck trips, hours of hauling and parking location; 9) specify the nature and extent of any helicopter hauling 1 10) State whether any construction activity beyond normal- ly permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe con- struction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager. 19. A sign shall be posted on the property in a manner consis- tent 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 - 6 -