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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 7-A - 1 - M~Y ~ --: ~rll)~ 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- - 2 - 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. - 3 - 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 - 4 - 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 - 5 - Ci~ of Santa Monica Community and EconomIC Development Department P1anrung and Zoning DtYlSlm (213) 458-8341 APPEAL FORM , , " M- ol .: ~ ,-- ~: r~ 11 " :."-r"0 FEE: $100.00 Date Filed Recewed by Receipt No i!,.:I< \ Z?, \"1'"1' c.. ':"'- ~ z..'. L.l. I I...JI,.... ~\..~ 'In., . f \" - C, .'\:-. (",,,,..\ ".,,;o~\:>~ r 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. . 01 : r ~-....-. Sptur'e \ --l ~ ---- j II addDlnaI spaot IS needed, '* bid! of bill. oa. Aoril ?1. lqql AAI\Ck\~ k _ _ __ 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 - 1 - ~1\Kk-\U~ 0 (I ~.! ~n '\\~' l :~v"\ v",\' .v\J1 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. - 2 - 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. - 3 - 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 - 4 - 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 - 5 - 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 - 5 - 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 - 7 - 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. - 8 - PC/STDR9101 DM Applicant's Signature Print Name and Title - 9 -