SR-7-A (69)
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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
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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
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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.
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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
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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
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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.
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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.
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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)
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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.
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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)
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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
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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
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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
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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
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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.
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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
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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.
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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 -
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.
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--:..-~-'-
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,
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~
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.
.
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
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- .--""'" -~_.-...._~ .- __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?
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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
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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
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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
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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.
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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.
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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
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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
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