SR-7-A (72)
7-A
LUTM:PB:DKW:DM:ccdr9101.pcword.plan
Council Mtg: May 28, 1991
MAY ~ S :;91
Santa Monica, California
TO: Mayor and city Council
FROM: City Staff
SUBJECT: Appeal of a Planning Commission Approval of a
Development Review to Allow the Extension of a
Previously Approved site Plan Review, DR 454, to Permit
the Construction of a six story, 90,300 Square Foot,
Commercial Office Building at 401-415 Santa
Monicaj1341-1357 Fourth street in the C3C District.
INTRODUCTION
This report recommends that the city Council deny the appeal and
uphold the Planning Commission approval of Development Review
Permit 91-001 to add a condition of approval to extend the
effective date of Site Plan Review 454 by 90 days from the
effective date of the City Council action.
At the Planning
Commission meeting of April 17, 1991, the Commission approved the
application by a vote of six in favor and none opposed with one
abstention.
The Planning staff recommended approval of the
applicant's request. On April 23, 1991, Mayor Pro Tempore Ken
Genser filed the appeal of the Planning Commission action.
BACKGROUND
At the Planning commission meeting of September 20, 1989, the
Planning Commission certified an Environmental Impact Report and
approved site Plan Review 454 to allow the construction of a six
story, 90,300 square foot retail/office building on the northeast
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corner of Fourth street and Santa Monica Boulevard. The Commis-
sion approved the project with the findings and conditions con-
tained in the attached Planning Commission staff report (Attach-
ment C). According to section 9115.5 (SMMC), the rights granted
by the Development Review Permit are effective only when exer-
cised within the period established as a condition of granting
the permit or, in the absence of such established time period,
one year from the date the permit becomes effective. The Zoning
Administrator may extend the time limit for a period not to ex-
ceed three months. Site Plan Review 454 became effective on Oc-
tober 4, 1989 (14 days after the Planning Commission approval).
On September 10, 1990, the applicant requested and was granted a
three month extension of the permit. This extended the approval
to January 4, 1991.
Due to financial constraints, the applicant was unable to obtain
the building permit and thus secure the rights granted by the
site Plan Review by January 4, 1991. On January 3, 1991, the
applicant made application to the Planning and Zoning Division to
amend the previously approved site Plan Review to include the
following condition:
The building permit for this project must be obtained by
the applicant no later than six months from the date this
modification becomes effective, or the Development Review
permit will automatically be deemed to have expired.
At the Planning commission meeting of April 17, 1991, the Plan-
ning Commission approved the applicant's request by a vote of 6-
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0, with one abstention. However, the Commission granted the ex-
tension for only 90 days as opposed to six months as requested by
the applicant. On April 23, 1991, Mayor Pro Tempore Ken Genser
filed an appeal of the Planning Commission action. As stated in
the attached appeal form (Attachment A), the appellant feels that
the effective date of the permit should not be extended beyond
January 4, 1991.
ANALYSIS
The original Site Plan Review application was filed prior to the
adoption of the new Zoning Ordinance and the project was permit-
ted six stories with a 3.5 FAR with approval of a Site Plan Re-
view. Under the new Zoning Ordinance, the project could be built
to a maximum height of four stories with a 2.5 FAR. The current
commercial moratorium would limit the size of any new building in
the C3C District to 15,000 square feet.
The new Zoning Ordinance, adopted in September of 1988, does not
include a "Site Plan Review" permit. Therefore, the applicant
has filed a Development Review permit application for the
modification of the Site Plan Review. The city Attorney has in-
dicated that the type of time extension requested by the appli-
cant is allowable under the provisions of the Zoning Ordinance,
so long as an application is filed before the relevant permit
expires. The Planning commission, or City Council on appeal, has
the authority to approve, deny or conditionally approve the
request.
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According to the attached letter from Lawrence and Harding, dated
April 17, 1991 (Attachment D), since acquiring the property in
March of 1990, the applicants have made expenditures and incurred
liabilities in seeking a building permit. These include the sub-
mittal of the project to the Architectural Review Board, prepara-
tion of working drawings, a land survey and soils test, and sub-
mittal of the plans to the City's Building and Safety Division.
The applicant hopes to obtain a building permit and begin con-
struction on the project soon after the final determination.
conclusion
The project has been reviewed and approved by the Planning Com-
mission and the Architectural Review Board. An Environmental
Impact Report concluded that the project would not have any sig-
ni f icant environmental impacts. The proposed condition of ap-
proval would not expand or enlarge the physical entitlements pre-
viously approved by the Planning commission and the Architectural
Review Board.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report is subj ect to the
Housing and Parks Project Mitigation Measures of the Land Use and
circulation Elements of the General Plan. The project mitigation
measures may be satisfied by payment of an in-lieu fee to the
city as established by Ordinance No. 1367 (CCS) and as outlined
by the related condition of approval for this project. This fee,
prior to adjustment in accordance with changes in the CPI, would
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be $422,750. based on a net rentable office floor area of 76,500
square feet.
RECOMMENDATION
It is respectfully recommended that the Council deny the appeal
and uphold the Planning Commission approval of Development Review
91-001 to allow the extension of Site Plan Review 454 subject to
the findings and conditions contained in the Planning commission
statement of Official Action dated 04/17/91 (Attachment B).
prepared by: D. Kenyon Webster, Principal Planner
David Martin, Associate Planner
Planning Division
Land Use and Transportation Management Department
Attachments: A. Appeal form dated April 23, 1991.
B. Planning Commission statement of Official Action
dated April 17, 1991.
C. Planning Commission staff Report dated April 3,
1991.
D. Letter from Lawrence and Harding dated 04/17/91.
DM
PC/CCDR9101
05/15/91
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Ci~ of
Santa Monica
Community and EconomIC Development Department
P1anrung and Zoning DtYlSlm
(213) 458-8341
APPEAL FORM
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FEE: $100.00
Date Filed
Recewed by
Receipt No
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Name Ken Genser
Addre~ City Councll Offlce, 1685 Maln Street, Santa Monica, CA 90401
Contact Person Ken Genser Phone (213) 458-8201
Please descnbe the project and deaSlOn tl be appealed 'S fi ~T
Extenslon of Development Permlt for 6-story, 90~300!Uttice tluildlng
Case Number DR 91-00~
~" 401-415 Santa Monicc tllva. and 1341-1357 - ~tn ~t.
~QUtt raramarz INC;CAM ~roperties~ Inc.
Ongll1al heamg dale A p nl 1 7, 1991
OngmalactJon Approved ~w1tn mOd1tlcatlon)
Please state It1e spectflc reasan(1) b'lhe appeal The effectlVe date of the pennlt should not be
extended beyond January 4~ 1991.
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_ _ __ C~l &\{-t'1i.d
STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Development Review 91-001
LOCATION: 401-415 Santa Monica Boulevard
1341-1357 Fourth street
APPLICANT: Faramarz Inc./CAM Properties Inc.
CASE PLANNER: David Martin, Associate Planner
REQUEST:
Development Review to extend the effective
date of Development Review 454.
PLANNING COMMISSION ACTION
04/03/91
XX
Date.
Approved based on the following findings and
subject to the conditions below.
Denied.
other.
EFFECTIVE DATE OF ACTION IF NOT APPEALED:
04/17/91
Case #DR 91-001
EXPIRATION DATE(S) OF ANY PERMITS GRANTED:
07/02/91
Case #DR 91-001
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S)
None Case tOR 91-001
DEVELOPMENT REVIEW FINDINGS
1. The development is consistent with the findings and purpose
of Ordinance 1321 as set forth below.
2. The physical location and placement of proposed structures on
the site are compatible with and relate harmoniously to sur-
rounding sites and neighborhoods in that proposed building is
located next to a seven story building to the east and five
story building to the south.
3. The existing and/or proposed rights-of-way and facilities for
both pedestrian and automobile traffic will be adequate to
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accommodate the
ment including
thereto in that
plans have been
anticipated results of the proposed develop-
off-street parking facilities and access
331 parking spaces are provided, and parking
approved by the Parking and Traffic Engineer.
4. The existing and/or proposed public and/or private health and
safety facilities (including, but not limited to, sanitation,
sewers, storm drains, fire protection devices, protective
services, and pUblic utilities) will be adequate to accommo-
date the anticipated results of the proposed development.
5. The proposed development is consistent with the General Plan
of the City of Santa Monica and the zoning Ordinance in that
the project will conform to the height, bulk, use and urban
design policies for the Downtown Core as specified in the
Land Use Element of the General Plan and conform to the ap-
propriate C4 Zoning District standards contained in the
Zoning Ordinance.
SPECIAL CONDITIONS
1. Construction of the proposed project will be required to be
in compliance with SCAQMC Rule 403 which would reduce fugi-
tive dust amounts by up to 50 percent. Dust reducing mea-
sures during construction shall include regular watering of
graded surfaces, restriction of all construction vehicles and
equipment to travel along established and regularly watered
roadways, and suspending operations that create dust during
windy conditions.
2. Alternative transportation modes shall be encouraged by pro-
moting public transit usage and providing secure bicycle
facilities.
3. To the extent feasible, the project shall take advantage of
natural heating and/or cooling through sun and wind exposure,
solar energy collection system opportunities, and energy ef-
ficient interior and exterior lighting systems.
4. Landscape design shall be tailored, where feasible, to mini-
mize heat gain in summer and maximize heat gain in winter,
and to promote air circulation for heating/cooling purposes.
5. Hot water systems, to the extent feasible, shall be designed
to utilize alternative energy sources.
6. Project construction activities shall comply with City Noise
restrictions.
7. Prior to issuance of building permits, the applicant shall
submit evidence, to the satisfaction of the city, that all
project land uses will meet applicable exterior and interior
state and local noise standards. The applicant may be re-
quired to prepare a detailed acoustical assessment indicating
mitigation measures necessary to achieve acceptable exterior
and interior noise levels on-site.
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8. Architectural detailing, canopies, walkways and benches that
relate to pedestrian amenities shall be incorporated into
project design to give the project additional appeal, as well
as to encourage greater street level pedestrian activity.
9. The structure's glass surfaces shall comply with the City's
policy for reflective glass and shall utilize either non-
reflective or low reflective types of glazing to reduce
glare.
10. Lights form the terraces and other building sources shall be
directed toward the structure rather than away form the
structure. In order to offer proper lighting around the
building, lights shall be shielded from adjacent uses provid-
ing that security and safety shall not be compromised.
11. Security lighting shall be directed inward and shielded from
adjacent uses at the periphery of the site, where possible.
12. The project shall maintain a valet parking system during all
hours of operation.
13. If requested by the city Transportation Department, applicant
shall construct and maintain a bus shelter to the specifica-
tions of the City, prior to Certificate of Occupancy.
CONDITIONS
Plans
1. This approval is for those plans dated 9/11/89, 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 this conditions of
approval.
2. The Plans shall comply with all other provisions of Chapter
1, Article IX of the Municipal Code, (Zoning Ordinance) and
all other pertinent ordinances and General Plan Policies of
the City of Santa Monica.
3. Final parking lot layout and specifications shall be sUbject
tot he review and approval of the Parking and Traffic
Engineer.
4. Minor amendments to the plans shall be subject to approval by
the Director of Planning. A significant change in the ap-
proved concept shall be subj ect to Planning Commission Re-
view. Construction shall be in conformance with the plans
submitted or as modified by the Planning Commission, Ar-
chitectural Review Board or Director of Planning.
5. Plans for final design, landscaping, screening, trash enclo-
sures, and signage shall be subject to review and approval by
the Architectural Review Board.
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6. The Architectural Review Board, in its review, shall pay par-
ticular attention to the project's pedestrian orientation and
amenities; scale and articulation of design elements; ex-
terior colors, textures and materials; window treatment;
glazing; and landscaping.
Fees
7. 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 develop-
ment. 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 or-
dinance may require that the owner of the proposed proj ect
pay such new development fees, and that employers within the
proj ect pay such new annual employer fees related to the
city's Transportation Management Plan.
construction
8. Unless otherwise approved by the Department of General Ser-
vices, all sidewalks shall be kept clear and passable during
the grading and construction phase of the project.
9 . Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as determined
by the Department of General services Shall be reconstructed
to the satisfaction of the Department of General services.
Approval for this work shall be obtained from the Department
of General services prior to issuance of the building
permits.
10. 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.
11. 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 Services.
No street tree shall be removed without the approval of the
Department of Recreation and Parks.
12. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General Ser-
vices prior to issuance of a building permit. As applicable,
this plan shall 1) Specify the names, addresses, telephone
numbers and business license numbers of all contractors 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 re to be located
for erection/construction; 4) Describe how much of the
public street, alleyway, or sidewalk is proposed to be used
in conj unction with construction; 5) Set forth the extent
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and nature 0 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 dewatering and its effect on any adjacent buildings;
8) Describe anticipated construction-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 normally
permitted hours is proposed; 11) Describe any proposed con-
struction noise mitigation measures; 12) Describe construc-
tion-period security measures including any fencing, light-
ing, and security personnel; 13) Provide a drainage plan; 14)
Provide a construction-period parking plan which shall mini-
mize use of pUblic streets for parking; 15) List a desig-
nated on-site construction manager.
13. A sign shall be posted on the property in a manner consistent
with the pUblic hearing sign requirements which shall inden-
tify the address and phone number of the owner and/or appli-
cant for the purposes of responding to questions and com-
plaints during the construction periOd. said sign shall also
indicate the hours of permissible construction work.
14. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during construc-
tion at the project site. The pages shall be laminated or
otherwise protected to ensure durability of the copy.
Environmental Mitigation
15. U1 tra-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.)
16. Prior to issuance of a Certificate of Occupancy, proj ect
owner shall present documentation to the General services
Department certifying that existing Santa Monica occupancies
with toilets installed prior to 1978 have been retrofitted
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 oc-
cupancies which will be removed as part to of the new
development may be deducted from flow attributable to the new
development if such occupancies have been occupied within one
year prior to issuance of a Building Permit for the proposed
project. Flow calculations for new development and existing
occupancies shall be consistent with guidelines developed by
the General services Department.
17. To mitigate solid waste impacts, prior to issuance of a Cer-
tificate of Occupancy, project owner shall submit a recycling
plan to the Department of General Services for its approval.
The recycling plan shall include 1) lists of materials such
as white paper, computer paper I metal cans, and glass to
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Staff will present the standards contained in the interim
ordinance in addition to other alternatives for public comment at
the pUblic workshop on the LCP. The workshop is scheduled for
Saturday June 1, 1991 at the Ocean park Library to discuss this
issue in addition to the revised draft of the LCP.
It is
anticipated council review of the LCP and the proposed permanent
development standards for Pacific Coast Highway will take place
in late June or early July.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have a
budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council introduce for first
reading the proposed interim ordinance, and should the Council
decide to apply the standards to Rl parcels, direct staff to
return with a revised ordinance at a subsequent meeting.
Prepared By:
Paul Berlant, Director of LUTM
Suzanne Frick, Planning Manager
Land Use and Transportation Management Department
Program and Policy Development Division
Exhibit A:
Exhibit B:
Ordinance Illustration
Proposed Interim Ordinance
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to determine significance of the survey findings and appro-
priate actions and requirements, if any, to address such
findings.
Validity of Permits
24. In the event permittee violates or fails to comply with any
condi tions of approval of this permit, no further permits,
licenses, approvals or certificates of occupancy shall be
issued until such violation has been fully remedied.
25. 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 pre-
pared by the Planning Division, agreeing to the Conditions of
approval and acknowledging that failure to comply with such
conditions shall constitute grounds for potential revocation
of the permit approval. By signing same, applicant shall not
thereby waive any legal rights applicant may possess regard-
ing said conditions. The signed statement shall be returned
to the Planning Division. Failure to comply with this condi-
tion shall constitute grounds for potential permit
revocation.
26. 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 appeal. Any ap-
peal must be made in the form required by the Zoning
Administrator.
Monitoring of Conditions
27. pursuant to the requirements of Public Resources Code Section
21081.6, the city Planning Division will coordinate a
monitoring and reporting program regarding any required
changes to the project made in conjunction with project ap-
proval and any conditions of approval, including those condi-
tions 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 Depart-
ment, the Police Department, the Community and Economic
Development Department and the Finance Department are aware
of project requirements which must be satisfied prior to is-
suance of a Building Permit, Certificate of Occupancy, or
other permit, and that other responsible 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 Direc-
tor and Building Officer prior to issuance of a Building Per-
mit or Certificate of Occupancy, and, as applicable, provide
periodic reports regarding compliance with such conditions.
PROJECT MITIGATION FEE CONDITION
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1. In accordance with sections 9046.1 - 9046.4 of the Santa
Monica Municipal Code, prior to issuance of a building permit
the developer shall execute an irrevocable letter of credit
or other form of security acceptable to the city for the pay-
ment of an in-lieu fee for housing and parks equal to $2.25/
sq.ft. for the first 15,000 sq.ft. of net rentable office
floor area and $5. OO/sq. ft. for the remaining net rentable
office floor area. This fee shall be adjusted for inflation
by the percentage change in the consumer Price Index (nCPI")
between October 1984 through the month in which the payment
is made. Upon mutual agreement of the developer and the
City, the developer may satisfy the Project Mitigation mea-
sures by providing low and moderate income housing or
developing new park space on or off the project site. To
fulfill this obligation an agreement shall be secured in
writing by the developer and approved by the city Attorney
and City staff prior to issuance of a building permit.
VOTE
Ayes: Kaufman, Moralas, Nelson, Polhemus, Pyne, Rosenstein
Nays:
Abstain: Mechur
Absent:
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 of Official Action accurate-
ly reflects the final determination of the Planning commission of
the City of Santa Monica.
signature
date
Ralph Mechur, Chairperson
Please Print Name and Title
I hereby agree to the above conditions of approval and
acknowledge that failure to comply with such conditions shall
constitute grounds for potential revocation of the permit
approval.
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PC/STDR9101
DM
Applicant's Signature
Print Name and Title
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