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SR-7A/8A (2)~ PCD SF KG SHK f lplanlsharelcouncrllstrpt1dr95002 M~Y - s~ Councd Mtg April 29, 1997 Santa Monica, Californ~a TO Mayor and City Councfl ~RDM City Staff SUBJECT AppEal 97-a~2 and Appeal 97-003 of the Planning Cammiss~ort Appro~al of a B6-unit Senior Housing Pro~ect and 165 Public Park~ng Structure Located at 1136-1144 Faurth Street Actions Re[ated to the Pro~ect Appro~al Include Ord~nance Arner~ding Parts 9 a4 08 38 ~50 and 9 04 O8 38 090 0# Article IX af the Santa Man~ca Mun~c~pal Code Regard~ng Cond~t~anally Permitted Uses and Design Startda~ds in the `'A" Qff-Street Parking O~erlay District, Approval of a Mitigated Negative Declaration, Variance 95-015 to Allow Setback Encraachments and Parcel Coverage in Excess of 50%, Conditional Use Permit 97-002 to Allow a Parking Structure in the "A° aff-Street Park~ng Overlay D~strict, and Development Rev~ew 95-002 to Allow a De~elopment O~er 22,500 Square Feet in the NWR3A D~strict Applicant Menorah Hausing Foundat~on of the Jewish Federation Council and City of Santa Monica Appellant Richard Carusa Appellant Rasario Perry far Charmant Partners, Ltd lNTRODUCTION This ~s an appeal of a proposed 66-unit sen~or housmg proJect approved by the Plannir~g Commissjor~ The Planning Cammission appro~al invol~ed t~e tallowmg actions whrch are being ap~ealed o Approval of the Finaf Mitigated Negative DeclaratGOn, o A~proval of a variance to permit structural encroachments ~nto the sideyard setback ar~d to permit pa~cel coverage in excess flf 50% ~56 1% proposed), o Approval of a Conditional Use Permit to permit a parki~g structure wit~in the '~A" OfF-Street Parking Overlay District with one aba~e-graund le~e~ and one befow- ground le~el par~c~ng IevEl, and o Appro~al of a Development Review Perm~t to permit a G6-unit, 46,8~7 square fao# seniar housing project and public parkmg structure in the NWR3A District ~ ~ ~~ MAY-6~! Additionalfy, the Planning Commiss~on, in approving the pro~ect, recommended that the Gouncif approve a zoning ordmance text amendment for the ''A" Otf-street Parkmg Overlay Distnct development standards to alfow access to parking located w~thin a required s~deyard ad~acent to a commercially-zoned parcel and to allow above-ground level parking struct~res with appro~al of a cond~tional use permit This report recommends that the City Council deny the appeals and upho~d the Planning Commission action, approve ~he Final Mitigated Negative ~eclaration and introduce far First Readmg an Ordmance amendmg the Santa Monica Municipal Code regarding the ~`A" Off Street Parking O~rerfay District development standards to allow access to parking located withm a required side yard ad~acent ta a commercial~y-zoned parcel and to allow above-ground level parking structures with approval of a conditional use permit BACKGROUND The sub~ect property is a 45,000 square foot (1 03 acre) parcel located on the west side of Faurth Street between California A~enue and Wilshire Boulevard The s~te is currently used as a metered surFace parking lot with 165 spaces operated by the City of Santa Monica The general ~icirnty contains a vanety of residential, office and retail uses, includmg the Third Street Promenade (located 1 112 lalocks to the south) Surrounding uses consist of an apartment bu~lding (NWR3) to the north, and offices (C3) to the south. offices (C3) to the east, and senior housing (NWR3A) to the west across a public a~ley 2 • In June of 1993, the City Council adopted Resolution 8~99 {CCS), authorizing an agreement for the sale of a~r rights to the Jewish Fed~ratEOn Council of Greater Los Angeles to permit canstruction of low-income senior un~ts over the sub~ect property The sale of the air rights by the City was sub~ect to the following 1 The Jewish Federation Caunal's rece~~Eng a funding commitment from the U S Depar#ment of Hausing and Urban Development (HUD} for cons#ruct~ng senior housing an the property, 2 Pro~ect compliance wrth the Cal~~ornia Envfronmental Quality Act, and 3 Execution of an option ta Purchase Agreement between the City and the Jewish Federatian Cauncil #or sale of ~he air r~ghts The Jewish ~ederation Councrl ~as recei~ed a tunding cammitment from HUD for the senior f~ousing pro~ect and an Option to Purchase Agreement has been executed between the City and the Jewish Federation Gounal Pro~ec# compl~ance w~th the California Environmental Quality Act (CEQA} is pending sub~ect to review of the appeal of Planning Commission approva! of the Mitigated Negative Declaratron prepared for the pro~ect Proiect Descr~ntion The proposed pro~ect consists of the de~elopment of a 40 foot high, three-story str~cture with the following components • A rentaf h~ousing pra~ect far law-income seniar citizens which wauld consist of 66 urnts and EncomPass 46,857 square fEet af fbor area The units would be dEed- resfricted for rental to seniors whose incomes do not exceed ~0% af the area median income, currently ~17,950 for a one-person household and $20,5~Q fQr a two-person household based on 1997 HUD median incame estimates A ma~ority of these rental units wouid be located on the second and third floors of the pro~ect 3 Three of the ur~its, pfus the manager's unit, wauld be lacated on the ground floor All parking would be access~ble via an ingress/egress paint to the Third Co~rt Mall alley and via a ramp to Fourth Street All units are one bedroom un~ts except for the manager's unit which contains two bedrooms Each of the senior units would be approximately 5aQ ta 550 square feet in sEZe wi#h a small kitchen located off the li~ing room, a bathroom and a rninimum 100 square foot bedroom All units have a pr~~ate patio The mterior un[ts contain windows and patios facmg the intenor common courtyard • A parking structure that would contam 195 parkmg stafls, mclud~ng 165 stails to replace the existmg 165 stall surface park~ng !ot and 30 stalls for use by the res~dents The Code permits deed-restricted low-income sen~or c~tizen ho~sing pro~ects to provide 0 25 stalls per unit (16 ~i stalls in this case) plus one guest stall for e~ery five units (13 2 stalls in this case} The 30 required parking spaces for the residential componenf are located on the ground floor and can be directly accessed via one entrancelexit from the Third Courk Mall Alley A security gate separates the resident~al parkmg from the 31 public parking spaces iocated on the ground leve[ The rema~ning 134 public parking spaces are lacated an the semi-subterranean le~el with d~rect access from Fourt~ Street • Pravision of se~eral common areas for residents, mcludmg a lobby, a commons room, a kitchenlcraft area, a I~brary, a laundry, trash enclosure, and a 5,6~0 square foot common recreation area The common areas would be located on the ground floor, facir~g Fourth Street • Landscaped areas are pro~ided along the required s~de-yard setbacks They consist o# approxima#ely eight differen# landscaped areas. mnst of which are between 200 and 700 square feet in size Tatal landscaped area is 1,725 square fe~t in the north caurt and ~.462 5 feet in the s~uth court The propvsed pro~ect is located m the North of Wilshire (NW} O~erlay District and complies with the design standard requirements for additional setbacks in the front yard and sid~yard sefback areas Approval of all of the ~anous applications for the pro~act are contingent on City Council c approval of the proposed Text Amer~dment The requested application ~s further descr~bed in the Planning Cammission staff report (Attachment F) The fallowing section describes the Planning Commission actions Pfannma Commission Actron 4n February 19, 1997, #he Plann~ng Commission conducted a Public Hearing on the proposed pro~ect After public testimony, the Public Hearing was cfosed, du~ to the late hour, prior to deliberat~on the Planning Gomm~ss~an continued t~e ~tem to the next scheduled meeting At the meeting on February 26, 1997, the applicant ~ndicated ~hat because a lease agreement co~id nat be guaranteed the fallowing proposed mitigation was no longer feasible Prior to issuance of a building permit, the A~plicant s~all su~mit to the Plannmg and Commur~ity De~elapment Department a copy of a recorded lease agreement far 20 ~ark~n~ spaces iocated at 606 Wilshire Baule~ard for use by drivers who purchase a permit to park in either the Third Str~et Structure or the existing Fourth S#reet surface ~ot {Perm~# Parkers) dur~ng the canstruct~on per~od The lease shal! be mamta~ned unt~l a Certificate of Occupancy is granted On March 19, 1997, the Planning Commission approved the foElowing substitute mitigation measure Prior to issuance of a bu~ld~ng perm~t, the Applicar~t shalf submit to the Planning and Community Development Department a copy of a recorded lease agreement for 20 parking spaces located wi#hin 1 D0~ feet of the penmeter of the 1136-1144 Fourth Street parcel for use by dn~ers who purchase a permit to park in ei~her the Third Street Struc#ure or the ex~sting Fourth Street surface Iot (Permit Parkers) dur~ng the construct~on penod The lease shali be maintained until a Certificate of Occupancy is granted On March 19th, The Plann~ng Cammission also appro~ed the Final Mitigated Negative Declarat~on with the substitute mi#igation measure, a ~ariance to perm~t structural 5 encroachments mto the sideyard sefback and to permEt parcel caWerage ir~ excess of 50%, a Conditiona~ Use Permit to permit a parking structure within the "A" Off-Street Parking Overfay District w~th one above-ground park~ng ievel and one below-ground parking ~evel. ar~d a Devefopment Re~iew Permit to permit a 66-unit, 46,85T square foot senior housing pro~ect and public parkEng structure in the NWR3A District Add~tionally, the Plannmg Comm~ss~on ~n aQproving th~ pro~ect recQmmencfed that the Council appro~e a zoning ardmance t~xt amendment far the "A" Off-street Parking ~verlay Distr~ct de~efopment standards to allow access to parking located withm a requirecf sideyard adjacent to a commercially-zoned parcel and to allow aboWe grade park~ng structures with appro~al of a conditionaf use permit All Planning Commissioners were present at th~ meeting The vote on the F~nal Mitigated Negat~ve Declarat~on was 6-1 for approvai and the recommendat~or~ of approval far the Text Amendment was appraved with ane abstenfion Appro~als related to the Wariance, ancf development review permit were unanimous, fhe conditior~al use permit was 6-1 for approval Parkinq One of the key issues is t~e temporary foss of fhe existing 165 parking spaces on the extist~ng surtace patiic~ng ~ot dur~r~g tk~e 24-mo~th const~uctian per~od Du~ing the 24-month construction p~riod of the pro~ect, the spaces currently on the pro~ec# site wauld not be 6 a~ailable, and no an-site replacement spaces would be available until after complet~on of the pro~ect parking structure The temporary ioss of parking would affect those people who reguiarly use the metered parkmg lot, mcfudmg up to 85 users wY~o hold permits far parking at either this surface parking lot or the city-owned Third Street Parking Structure located immedEately west af fhe site across the alley Parking suTVeys were conducted in con~unct~on with preparation of the Mitigated Negati~e Declaration to identify how much of #he Fourth Street parking !ot demand could be accamrnodated by the TF~ird Streef Struc#ure and the quantity of remaining parking demand thatwould ha~e to be absorbed by other parking facilities during the 24-rnonth construction period Usage ir~cluded both perrnit parkers and casual parkers The results of the sur~ey, as shown in Appendix D of the Mitigated Negati~e Declaration, ~ndicate that neither the Fourth Street Lot nor the Third Street Parking Structure are parked to capacity and that the Fourth Street Lot park~ng demand can be met by the Third Street Struc#ure and other existing park~ng facilities The surveys indicated that weekday peak occupancy of the Fourth Street surface parking lat is 56% to 68% of capacity (92-112 vehicles parked), and that weekend peak occupancy of the lo# is 62% of capacity (107 vehicles parked) Therefore, although the proposed pro~ect w~ll result in the d~~elopmer~t of public parking spaces wh~ch wil~ rep~ace, an a one-for-one bas~s, 165 parking spaces which will be temporarily lost as a result of the canstruc#ian of the pro~ect, repfacement of all 165 parking spaces during the constructian period Es not required to meet the parking der-r~ar~d 7 The Third Street structure, located west of the pro~ect site, with a capacity of 82 parking spaces, could accommodate a portion af the displaced parkers from the Fourth Street surFace parking lot, includ~ng perm~t parkers and gen~ral public parkers This lat, according to the su~veys cond~cted, was uti{ized at 41 % to 43% af capaaty (33-3~ ~ehicles parked} on weekday peak p~nods, and at ~5% capac~ty (45 veh~cl~s parked) durmg weekend peak perEads However, even if all available spaces in the Third Street strueture were utilized by displaced Faurth Street customers, there would still be an unmet peak parking demand of 64 spaces on the weekday and 66 spaces on the weekend A!#ernative parking for permit parkers will be proWided through implementation of a plan. to be undertaken by the applicant w~th ass-stance from the C~ty Park~ng for permit parkers will be provided in three alternative parking fac~lit~es m the immed~ate Wacini~y to accammodate permittees during the construction period A total af 8~ permits will be issued for use in nearby lots as follows 25 permits in the Third Street structure, 20 perrnits each in Parking Structures 1 and 2, and 20 permits in a privatefy owned lot loca~ed within 1000 feet of the sub~ect site The applicant will be required to secure a lease agreement fflr 20 parking spaces at a site which meets appra~al of the Director of Planning and Community D~~elapment prEOr to issuance of bu~lding permits for the pro~ect C~ty staff, in cpnsultation with the devefoper, has exammed t~e potential for ~ncreasing the number of on-street metered parking spaces around the pro~ect area for use by ~isitors and customers By restriping Third Street between Wilshire Boulevard and Galiforn~a A~enue 8 ta accammodate diagonal parking mstead of parallel parking, 91 new on-street metered spaces are proposed to be added In addit~on, metered parking which is nat currently provided is also proposed an both the east and west sides of Fourth Street between Wifshire Boulevard and California Avertue, thereby addmg 31 additional parking spaces This results in 42 new metered spaces #o accommodate the impact of the tem~orary loss of Wisitor and customer parkmg to uses in the area [n additEon to the metered spaces described abo~e, there is addit~onal park~ng capacity ~n other ~ubl~c parking structures which can accommodate the park~ng demand caused by ~is~tors and sho~pers in the area who ut~hze the Faurth S~reet parking lot durmg weekdays and weekends and who do nat ha~e permits A parking demand analysis conducted for the Th~rd Street PromenadelBayside Distric# forecasted a parkang surplus of 62 spaces in Parking Structure No 1 and 31 spaces in Parking Structure No 2 during peak weekday penods A parking surplus of 141 spaces and 341 spaces was forecasted for Parking Structures Na 1 and 2, respectively, for the peak weekend period The mitigation measures requEred ~n the Mitigated Negative Declaration and included as cond~tions of pro~ect appro~al wiN rmplement an alternat~~e park~ng plan far both permit and non-permit parkers during the construction penod of the ~ro~ect incfuding a public education program to alert and direct parkers to alternative park~ng locations Th~ components of this plan mciude ~ • Prior to closure of the exist~ng surface parking lot located at 1136-1144 Faurth Street and prior to issuance of a building permit, the Appl~cant, with appraval by the City, shall implement a res~r~ping plan for both Third and Fourth Streets between Wilshire Boule~ard and California A~enue ti~at wifi create 42 new metered spaces Modificat~ons to the east side of ~hES block of Third Street will in~ol~e restriping 13 existing parallel parking spaces for diagonal park~ng This wili yield 24 diagonal spaces, for a net gain of 1'f nev+r spaces Modifications #o the wes# side of Four#h Street, ~mmediately frontmg the sub~ect site, will entaii the provision of 17 new curb-side parallel parking spaces Modificatians to the east side of Fourth Street wif~ entail the pro~ision of 14 new curb-side parallel parking spaces Together, the modif~cations to the 1100 blocks of Third and Fourth Streets will y~etd 42 new parking spaces in the vicmity of the pro~ect site located at 1136-1144 Fourth Street • Prior to issuance o# a buildmg permi~, the Applicant shall submEt to the Plannmg and Community De~elopment Department a copy of a recorded lease agreement for 20 parking spaces located wifhi~ 1~40 feet o# the perimeter of the 1136-~ 144 Fourth Street parcel for use by drivers who purchase a permit to park in either the Third Street Structure or the existing Fourth Street surface lot (Permit Parkers} during the construction penod The lease shal~ be maintained unti! a Certificate of Occupancy is granted • Pnor to the clasure of the Lot, the Applicar~t shall implemen# #he follawing notificationleducation measures taken ta reduce the inconvenience and negat~~e impact of the c~osure of the Lot A Not~ce shall be p~ov~dec~ to the businesses and employers who use or benefit from the Fourth Street Park~ng Lot and a copy of the notice and a cert~f~cat~on of mailing shall be pro~ided to the City Planning Division B No#ification shall identify the scheduled dates for closure, pra~ide maps of alternative parking facilities, and urge businesses/employers to notify employees and customers af the planned cfosure and park~~g alternatives prior to the scheduled closure dates C On-site signing which meets the size, height, iettermg and location requirements of the Zoning Administratar sign posting requirements shall ~e installed notifying customers of the scheduled dates for closure and listing alternati~e parking facrl~#~es Quring the construction p~ase, the Appl~cant shall place a sign on the Lot, to the satisfaction of the C~ty, identifying a~ai4able public parkmg locations at the Third Street Parking structure and at Parking Structures Number 'f and 2 D The Applicant shall pro~ide 100 flyers and one paster each to places of business io that benefit from the existing Fourth Stree# parking lot as identified by the City Planning staff, notifying customers of the scheduled dates far closure, and providing maps of alt~rnafi~e parking faciiities for future visits En~iro~mental Review After preparation afi a Draft Initial Study (1S), the City's Environmenta! Review Cammittee determined that a m~tigated negat+ve declaration would be prepare~ for this pro~ect (Attachment J) On No~ember 25, 9 996, the Not~ce of A~ailability for the Draft Inf#ial Study and Prapose~ Negati~e Declaration was pubhshed in the newspaper The required 30-day comment period for the Draft IS and Proposed Negative peclarat~on due to expire on December 25, ~ 996, was extended to January 13, 'f 997 to ~nsure that ample time was provided dunng the holiday seasan for members of t~e publ~c to respond tv the documents By the close of the review period, sixty-se~en {67) camment letters were received, includmg letters signed by petitroners generally opposed to the proJect fn additron, letters were received prior to the comment period and aft~r the close of the comment periad {Attachm~nt H) The Draft lnitiai Study addressed th~r~een (~ 3} environmental factors considered to be potenfially affected by the proaect including potential impacts related to earth, air, noise, light and glare, shadows, populatron, fand use, canstruction effects, fiscal, cultural resources, aesthetics, transportation/circulationlparking, and neighborhood effects Th~s analysis is included m#he Final Mitigated Negative Declaration (Attachment J) Potentfaf impacts icfen#ified in the study, and which require mitigafion, mclude light and glar~ (the li pro~ec# may prod~ce considerable new light a~d glare from exterrar fauildmg lights and use of refEective build~ng materials}, parkang (the pro~ect will affect existing parking facilities or dernand for new parking}, and cult~ral resources (the pro~ect may have an ad~erse physical ar aesthetic effect on a preh~stonc resource or histar~c bu~idmg, structure. or ob~ect} Mitigatian measures ha~e been ~ncorpora#ed to reduce these ~a#ential adve~se impacts to less #han si~nif~cant le~els They include (a) the required installation of lighting f~xtures designed to ~educe light spill-over effects on ad~oining properties ar~d the use of non- refl~ctive b~ailding materials, (b} implementation af both an alternative park~ng plan for nor~- permit and permit parkers during the constructEOn ~eriod of the pro~ect, (c) a public ~ducatior~ program ta alert and direct parkers to alternative parking focations, and (d) retention of a q~aali#ied archaeologist or paleontvlogist ~f b~aried archaeological or paleontological resaurces are encfluntered during exca~ation or canstruction These meas~res are more fully described in Chapter 3 0, Summary of Mitigation Measures. included in the Mitigated Negati~e Declaratian (Attachment J) After Planning Commission action on the Mitigated Negative Declaration, staff discovered an overs~ght in that the document had not been sent to the State Clearinghouse and t~e Coastal Commission for review That o~ersight was remedied, and the State Cleannghouse and th~ Caastal Commiss~on has now had the review per~od required by CEQA prior to this hearing The only comments recei~ed were from the California ZL Department af Transportatian Their concern regarding the movement of hea~y trucks is a standard requiremer~t whfch is already addressed by the State Motor Vehicle Code and Crty policies The letter is ~ncluded as Attachmen# I In light af the addit~onal re~iew period conducted after Plannmg Commissian action, staff is recommending that Plannmg Commission's action be cons~dered a recommendation of appro~al of the M~tigated Negative Declaratior~, and that the City Counc~l act as t~e decisian-making body and appro~e the Mitigated Negative Declaration through adoption af the resolution included as Attachment C Text Amendment The "A" QfF Street Parking Overlay District designation which applies to the property, permits parkang in su}~port of ad~acent commeraal uses The purpflse of the overlay designation ~s to provEde adequate parking facilities to support important commerctal cvrndors and neighborhood commercial areas of the City, whi[e at the same time ensure that each parking facility will not ad~ersely affect the er~vironment or nearby residents or "dimmES~ the integrity° af the residential district ir~ which it is located Even though the pro~ect is conformmg m terms of use, density, and height, twa text amendments would be ~equ~red to the "A" overlay designation The existmg "A° overlay designation does not allow par~cmg structures a~o~e the ground level In addition, design standards for parking strUCtures within #he district overlay prohibit access to parking from within a required sideyard The pro~ect proposes a public parking structure located both -3 abo~e and below grade and access from a sideyard abutting a commerc~ally-zoned property The text amendments amend the "A, Off-Street parking O~erlay" Distnct standards adding the following to Section 9 04 0$ 38 QS~, `~Conditionally Perm~tted Uses" ~G) Municipal parking struct~res, either above or below ground level, if all of the followmg conditions are met: (1) The parking structure repfaces a munic~pal parking ~ot. {2~ The parcel site is a minimum of 40,000 square feet. (3} The parcel is located in the North of Wilshire ~~erlay District Section 9 a4 08 38 090. "SpeciaE design standards for al~ parkrng facilities" would also be amended to add to (b) as follows (b) Use of Required Yards There sk~all not be access permitted within the req~ired side yard , except access may be provided within a required side yard that abuts a commercially zoned parcel. Staff belie~es that the proposed text amendments will affect only one ather parcei in the City and since approWal of any such structure will depend an the discretionary approva! of a CanditEanaf Use Permit it will be re~iewed on a per case bas~s The tex# amendments are a change whrch is cor~sistent with the intent of t~e existmg "A° overlay designa#fon and General Plan, m that the parkmg provided is intended to provide adequate parking facilities #o support commeraa! uses whrle assuring that the fac~l~ty wdl not impact the en~ironmen# of nearby residents ar diminish the ~ntegrity of the neighborhood 1~ Pronosed Variances Section 9 04 20 10 03~ (e} of ti~e Zonmg Ordinance states that the Zoning Adm~n~strator may grant a variance for pro~ects which conform to State density bonus guidelines to a11ow encroachmen~ into r~o more than 15% of or~e side yard setback, into no more than 15% of either #he front or rear yard, and an ~ncrease in parcel ca~erage by no mare than 10% of parcel a~ea The applicant is requesting a ~ariance to permit encroachment into the required north side yard, a~d to perm~t parcel ca~erage in excess of 50% The requested side yard setback of a 19 5#oot setback in [ie~ of ~he required 23 foot setback reflects an encroachment of 15°Jo into the north required side yard Staff believes that the overall effect of the red~action in side yard will be minor Section 4 5 of the Initial Study indicates that winter morning shadows would extend to the northwest across the three-story apartment building on the property immediately ad~acent to the north and acrass the over-garage rental unit lacated at #he back of the same ad~acent property The win#er solstice morning shadow would cover a port~on of the roof of the garage unit unti! noon and none of #he roaf of the three-story apartment building Wmter marnmg shadows would extencf about 3/4 of the way up the south-facing wall of the apartment building and would completely lea~e thts wa~l by about 2 15 pm in the afternaan If the requested side yard ~ariance were not granted, the shadows would fa11 slightly lower on the building to about 1/2 of the way up the south-facing wall, but wou{d lea~e the wall at the same time of day 15 The applicant is requestmg the ~ariance to exceed parcef co~erage by an additaonal 6 9% in order to replace the number of parking spaces now pro~ided an the surface lot and provide an economically viable number of senior residential units The ~ar~ance far parcel co~erage is minor and ample open space ~s being pra~ided ~n the intenor of the pro~ect incfuding a 5,600 square foot common recreation area for residents N~iahborhood Comqat~bil~tv Th~ propased pro~ect is located ~n an area which mcludes a m~x of commercial retail, office. and residential uses Although the existing use af the property is an open, surFace-level parking area, a ma~ori#y of properties located within the ~ianity of the proJect site are fully developed with either cammercial and/or residential buildings Development of th~ proaect would be considered "in-fil~° and would provide uses which are compatible to the area The proposed public parkmg areas, to be incorporated w~thin a parking structure, would replace the 165 metered spaces now on the property and would cantinue to pro~ide parking in support of nearby commercial uses The proposed senior housing component of the pro~ect would also be compatible with surrounding uses since there are exESting residential uses in the area (there are apartment bu~ldings located immedia~ely north of the pro~ect site and ~o the west acrass a public alley} The proposed residential use also helps to fit the parcel fnta the broader land-use pattern for the area, which emphasizes residentially orien#ed uses north af Wilshire Boule~ard 15 APPEALS There are two separate appeals of the Planning Cammission actions that have been filed rela~ed to this pro~ect This section of the report outlines the key issues of both appeals Analvsis of Mr. Caruso's Aaneal Mr Caruso is appealmg all aspec#s the P~anning Commission appro~al for specific reasons cited on f~Es appeal form ~Attachment A} His concerns are as follows 1 Severe econom~c impact on the existing busmesses due ta elimination of parking on sub~ect site d~nng the 24-mor~th construction period The Mitigated Negati~e Declaration addressed the parking situation and notes that adequate parking will be provided during the construction period Na e~idence of the possibi[ity of se~ere economic impact has been presented by any businesses, and given th~ fact that parkEng will be pro~ided d~aring the p~riod of canstructian, it is diff~cult to conclude there will be a se~ere econornic impact Staff believes t~at the mitigat~on measures and conditions of approval related ta this pro~ect will address the ~mpacts dur~ng the construction period 2 Incon~enience to patrons, residents and patients of the medical office buildings in the ~mmediate area who use the surface parking fot on the sub~ect site Unfartunately, any construction usually mvol~es some mcon~enienc~ and change to people's patterns which is Enconvenient unt~l a new pattern is established The proposed 1~ mitrgation measures prav~de park~ng spaces dur~ng the two year canstruction perEOd within a reasonable d~stance af the pro~ect site In addition, mitiga#ion measures require the public to be notifed ~rEOr ta closure of the ~ourth Street lot in or~er to minim~ze disruption as much as possible The intenm parking will be oniy slightly less convenient to some patrons, residents and patients and is cons~dered an ~mpact which ~s at a less than signifircant level 3 The proposed mitigat~on measures are not practical in that it will overburden the exist~ng parking structures and replacement of the spaces formerly at 60fi Wilshire Bouie~ard is vague Parking studies conducted as part o~ the enWironmental re~iew indicate that the Third Street Structure, and Parking Structures No ~ and Na 2 are not aperating at capacity and will not be overburdened by the addition of displaced Fourth Street lot parkers The appra~ed subst~tute mitigafion measure which requires 20 parkmg spaces to be provided within 1000 feet of the pro~ect site requires re~iew and appro~al of the Director af Plann~ng and Gommunity De~elopment A lease agreement must be obtai~ed for these spaces whic~ must be located in a~rivate lot where no on-site required parking wili be remo~ed There are a lim~ted number ot loca~ions where all these qualifications can be met The fi4fi Wilshire site is locatecf appraximately 975 feet from the Fourtf~ Street surface parking lot The replacement of the spaces to a location wEthm ~ OOQ feet of the pro~ect site would allow permit parkers to pafk up to a maximum 25 feet greater in distance Staff 18 befie~es that the distance fs equivalent to t~e distance of the 6D6 Wilshire site and may result in more convenient parking far some permit parkers since the parking may actually be claser to some permit parker's destination 4 The Planning Comm~ssion never addressed the economic impacts an the area desp~te many letters and petition signatures expressing opposition to the pro~ect fn the~r review of the Cond~t~onal Use Permit for the parfCmg st~ucture, the Planning Commission ca~sidered the impacts of the temporary lass of parking from this site durmg the short term construction periad or~ the businesses in #he area and determined that the alternati~e ~arking proposed dunng the constructior~ period would be located within a reasonable distance from these busmesses and that once the pro~ect is completed on-site parking wiil be replaced on a one-for-one basis wh~ch will senre the businesses ~n the area The Pla~nmg Commissron also discussed the positive ecanomic impacts of the addition of the 66 senior housing units m that these residen~s, as well as their ~is~tars, would patronize the local busmesses 5 The Planning Commission never cons~dered relocation of the pro~ect to a more pract~cal area for sen~or housmg The Cammissior~'s responsibility is to re~~ew pro~ects which are presented to them and not consideration of better or other sites for praposed pro~ects or discussian of alternat~ve uses of a particuEar site By the City Council actian in 1993, the decision was made to pursue 19 affordabie senior housing on the sub~ect property The sub~ect property at 1136-1144 Fourth Street is a residentially zoned praperty (NWR3A) and senior hvusing ~s a permitted use in t~is zonEng district 6 Concern regarding whether or not concerned ind~~~duals were praperly not~fied of pubfic hearings The follawing section re~iews in detai! the notificatian process for the Planning CommESSion meeting, fhe neighbarhood meetings which the ap~licant participated in prior to the Pfan~mg Commission meetmg and t~e noticmg farthe 1993 City Council hearing regard~ng approval of Resolution 8599 (CCS) Planning Commission Not~cing Pursuant to Municipal Code Section 9 04 20 20 080, wit~in 30 days ai#er the sub~ect application was deemed camplete, the applicant posted a sign on the proper~y stating the following in#ormation Pro~ect case number, brief pro~ect description, name and telephone number of appl~cant, site address, date, time and location of public hearing, and the Plannmg and Zon~ng Divisian phone number The applicant has updated the posted sign to reflect the City Council date Purs~ant to Municipal Code Section 9 04 20 22 050 r~otice of the Febr~ary 19, 1997 Planning Commission hearing was publrshed in the Outlook and mailed #o property owners as well as residential and commercial tenants located within a~00 foot zo radius of the property at least ten consecutive calendar days prror to the heanng In addition, all members of the public who wrote to the City regarding this pro~ect were alsa notified At th~ February 19, 1997 meeting, the Planning Commission took public testEmony and continued the item to February 26, 1997 Prior to the February 26, 1997 meetmg the applicant notified the City that one of the prapQSed mitigation measures was infeas~ble Due to th~s, the item was continued at the February 26, 1997 Planning Comm~ssion meeting to March 19, 1997 and was renoticed pursuant to the Municipal Cade requirements Neighborhood Meetings The applicant met with the Board of Directors of the Nor#h of Wilsh~re Residents Assaciation in 1990-1991 and received their unanimous endorsement o~ this pra~ect Within the last year several neighborhood meetings have been held by the applicant regarding the proposed pro~ect, including a pro~ect presentation to the Board of Directors of the Wilshire-Montana Nerghborhood Coalit~on on Febr~ary 1, 1996, a February 27, 1996 pro~ect presentation at which the Wilshire Boule~ard merchants pravided comments, a pro~ect presentation and questions answered with the Chamber o~ Commerce Executi~e Board on March 18. 1996, a pro~ect presentation before the Chamber of Commerce on December 17, 1996, and a pro~ect presenta#ion to the Wilsh~re/Montana Neighborhood group on January 11, 1997 The pro~ect spansor also made a pres~ntation before the Commission on Older Americans which endorsed t#~e pro~ect 2~ City Counal Noticmg The appellant is concerned that the City Council meeting in June 1993 was not adequately not~ced Resolution 8599 (CCS) approved at that meeting authorized an agreement for the sale of air rights to the Jewish ~ederation Councif of Greater Los Angeles to perm~t construction of low-income senior units over the sub~ect praperty A resolution is an item which appeared on the City Council agenda The agenda is published in the paper Separate notice by mail to surrounding owners and occupants withm a rad~us of the site far a proposed resolution is not rec~uired Analysis of Mr. Perr~-'s Anneal Mr Perry is appealing on behalf of the Charmont Partners. Ltd . the owners of the apartment bu~lclings at 320-330 Ca[ifornia and 1145 Fourth S#reet (Attachment B} The appellant bel~e~es that the proposed pro~ect is a misuse of the City's land and pre~ents the City fram building more parking on t~is site ~n the future The appellant incorrectly states that t~e parking proposed is 66 parking spaces, a total af 195 park~ng spaces are proposed for this site ~ncludmg replacement of 165 existing public parking spaces Mr Perry proposed at the Planning Commiss~on that only three of the six parcels be developed, however, replacement of ~he exist~ng surFace parking spaces and the addition of 66 sen~or units could no# ~ahysically 6e accommodated on only three Eots This appellant is appealmg the approvals o~ the Planning Commission based an the 22 following se~en points ~ Because the City is a co-applicant, it should not be aflowed to avoid a full EIR to study the parkmg impacts It gives the appearance of impropr~ety The CEQA guidelines do not prohibit a Lead Agency from bemg a co-applicant in a Mitiga#ed Negative Declaration A Mitigated Negative Declaration Es permitted anly when potentially s~gnifcant ~mpacts can be mitigated and the applrcant agrees ~a the proposed mitigation measures The City's En~ironmental Re~~ew Committee determmed tha~ a M~#fgated Negative Declaration was appropriate and the en~iror~mental dacument supparts #hat dete~mination 2 The substitute mitigation which allaws 24 parking spaces to be located anywhere within 1000 feet af 1136-1144 Fourth Street ~s r~ot specific enough to allow the Planning Commission to make the required finding m accordance with CEQA The substitute mitigation is specific, there is a maximum d~stance within which tf~e 20 parking spaces must be Iocated The public had an opportunity dunng the re~iew penod for the substitute mitigation measure to comment on whether or not this was an ap~ropnate distance The lacation of these proposed parking spaces will be reviewed and appro~ed by #he Director of Planning and Cammunity Development The 20 spaces wifl be available to the same people who would ha~~ purchased permit parking for ~se ~n the Third Street Structure or the Fourth Street surface Iot The parking wiil no# be remo~ed fram any building's existmg required parkmg and will be required to be secured from a pri~ate 23 parking !ot Therefore, no additional parking will be taken away from the business comm~anity 3 The M~tigated Negati~e Declaratian does not correctly identify t~e impact to the Charmon# Apartments in terms of the loss of parking, the poten#ial add~tion of congestion and increased parkEng demand Whife occupants of the Charmont ha~e m the past purchased ~ermits for use of the Fourth Street surface lot, the lot ~s a metered publfc lot and not for the exclusi~e use of the Ci~armont residents It is unfortunate the Charmont Apartments do not haWe park~ng provided an-site However, many apartment buildings in the City do not have adequate park~ng Once the structure is complete, #he Charmont residents will be able to use the pubhc parkmg in the same manner as they use the current park~ng Durcng the two year construct~an period, the residents may have to walk a bit farther to their parked cars and this is cansidered less than a significant impact Only one Charmont resident is currentiy on the list of permit parkers for Lots #3 and #4 (the Fourth Sfreet Iot/T~ird Street Parking Structure) If any of the regular permit parkers fails to renew his permit one rnonth, the first person on the waiting list, which is maintained hy the Parking and Traff~c Division, is contacted regarding the opportunity #o purchase a permit The 6fi-units of housing will be for low income seniors The required parking is provided on-site for ~hese units as well as parking for the~r guests There is no documentatEan to 2~ support the claim that the pro~ect w~ll generate increased congestion and increased demand far parking 4 The Mit~gated NegatiWe DeclaratEOn does not state the true significance of the Charmont Apartments, which are desEgnated as a Federal, State and City landmark The Sa~ere~gn, located at Second and Wash~ngton is r~ot even mer~#ioned The Charmont Apartments are discussed in Section 4 10 of Mitigated Negative Declaration The Charmont Apartments are designated as a Federal, State an~ City landmarlc The Mitigated Negati~e Declaration states that although the Charmont Apartments are Iocated Iess than 200 feet ~rom the pro~ect, the pro~ect does not compromise the Charmont because the massing ofi the proposed pro~ect is similar in scale to the Charmont The propased proJect is also buffered fram the Charmar~t Apartments by the three-story apartment building located at 1145 Faurth Street TE~e building at 1145 4th Stree#, which is owned by the Charmont Apartments' owner, is painted to match t~e Charmont, but does not ha~e the same historfcal significance The Sa~ereign, (also awned by the Charmant owner) was not considered to be lacated in the immed~ate area of the s~te and does not have the same historical s~gnificance 5 The two year construction period will drastically effect the tenants, occupants and or visitors to the Charmont Their parkmg will d~sappear and ~arkmg m two years wiEl be gone Charmant Apartment tenants were refused parking permats by the City in an attempt to clear the way for this pro~ect During the two year construction period, there will be alternate parking proWided There w~lE be metered street parkmg a~a~lable on Third and Fourth Street and parking in structures 25 and lots that will be located farther than the existing Fourth Street lot from the Charmont After completion of the pro~ect, permits wilf be Essued far the structure in a manner similar ~o the way they are now issued Parking permits are Essued on a mo~thly bas~s and the City Parking and Traffic Division maintams a waitmg list far persons wishing to purchase a permit in the e~ent that an opening occurs It is possible that a tenant was not able ta obta~n a permit for park~ng i~ the maximum 85 permit passes allotted for use in either the Fourth Street surface lot or the Third Street parking structure had already been purchased or if they were not the ne~ct person on the waiting list ~f a~ opening had occurred, howe~er, the City has not specifically denied Charmant residents park~ng permits 6 The Mitigated Negati~e Declaration does not address the planned "~ow-level° income housing on the Zucky's parkmg lot and the inherent congestfon caused by this h~gh density pro~ect There is the assumpt~on on the part of the appellant that low ~ncome housing generates congestion and the need for parking which is not pro~ided on-site The C~ty's parking requ~rements are based on the ~arking needs of specif~c uses Many lov-r-incame tenants and their ~isitars utilize public transportation and there is a lesser not greater parking ~emand fqr #hese uses The pro~ect located at 5th Street and Wilshire Boule~ard provides on-site park~ng for residents of the build~ng to meet the proJect's parking demand 7 Appro~al of this proaect ~iolates Cafifornia Consfitution. Article XXXIV in that a pro~ect such as this needs to be appro~ed by the voters 25 Article XXXIV appiies when the Crty "develops. constructs or acquires" a low rent housing pro~ect The actions of the City Councif requested at this time consist solely of land use approvals for the pro~ect, ar~d not commitment of funds The granting o# land us~ approvals in the City's regulatory capacity does nof constitute "de~elopmg, construct~ng, or acquiring" a Iflw rent housing pro~ect Article XXXIV ~s therefiore irrelevant to the present r~quested actions Conclusion The propased pro~ect ~s consistent with fhe goals and ob~ect~~es af th~ General Plan because it creates new housing ~n an existEng resEdent~al area, contr~butes to the streetscape by infilling an open area along Faurth Street, makes good use af alley access withaut creatmg a ma~or burden on ather residences near the alley, and maximrzes the use of public parking ~n the area Th~ design and massing of the burlding is compatible with o#her structures in the area which consist of residential apartment buildings and commercial office buildings Although the pro~ect wiil create short-term parking impacts dunng construction, a plan has been developed which will off-set these impacts though the ut~l~zatian of parking spaces avaiEable in other nearby parking structures and by providing additional metered parking on public streets Permit parkers will be accammodated through securing an off-site parking lease for spac~s with~n 1000 feet of the sub~ect property and uti[ization of a~ailable spaces in the T~~rd Street Structure loca#ed to the west. and i~ Public Parking S#ructure 1 located south of Wilshire Boule~ard on the west side of Fourth S#reet, and Public Parking Sfructure 2 lacated an the east side of Secand Street, 27 no~th of Ar~zona A~enue BUDGETlFINANCIAL IMPACT If the appeafs are denied and the pro~ect is appro~ed the City staff will be returning to the City Council at a later date witi~ specific ac#ions related to the funding ofi the pro~ect Addit~onally, the pro~ect will resuit in increased on-going costs for maintenance and utilities for the public parking ~eyand current conditions which wiEl be evaluated and mcorporated as part of the annual budget process The project is exemp# from the Parks and Recreat~on Facilities Tax of 5200 per unit, pursuant to Section 6 8Q 090 {SMMC) which exempts construction of any dwellmg unit to be used exclusively for hous~ng the elderly or handicapped persons which is owned and opera#ed by foundations or corporations RECOMMENDATION It rs recommended that the City Counci4 deny the appeals and ~ntroduce #or first reading an ord~nance amending Parts 9 04 0$ 38 Q~0 and 9 04 08 3$ 090 of Article 1X ofthe Santa Mornca Mun~cipal Code to amend the "A" Qff-Str~et Parking Overlay District De~elopment Standards, appro~e the Mitigated Negative Declaration by adopting the attached Resalution (Attachment C), uphold the Plann~ng CommESSion appro~al of Vanance 9~-015 to allow set~ack encroachments and parcel covera~ge in excess of 50%, uphold the Plann~ng Commission appro~al ~f Conditional Use Permit 97-002 to allow a parking structure in the "A" Off-Street Par[cing Overlay District, and uphold the Planning Gommission approval of Development ReWiew 95-002 to allow a development a~er 22,500 28 square feet in the NWR3A District sub~ect to the findings and conditions as approved by the Planning Comm~ssEon (Attachmen# G) Prepared by Suzanne Fnck, Qirector Karen Ginsberg, Planning Manager David Martin, Acting Senior Planner Susan Healy Keene, Assaciate Planner, City Planning Division Planning and Community Development Department Attachments A Appeal statement of Richard Caruso B Appeal statement of Rosano Perry on behalf of Charmont Partners. Ltd C Resolution Appro~ing Final Mitigated Negati~e Declaration D Proposed Ordinance E Public Notice F Planning Commfssion Staff report dated 2J19/97 G Planning Commiss~on Statement of ~fficia~ Action dated 3119197 H Carrespondence recei~ed after 2/19l97 I Letter from California Department of Transportat~on (Caltrans) dated 4/9/97 J Final Mitigated Negative Declaration K Projec# Plan 29 1 4 ~ RES~LUTION NC. 9143 A RESOLUTION OF THE CITY CO~,.TI~CIL OF THE CITY OF SA.T;'~'A MONICA APPROVINu THE M~'~ ~GATED NEGATIVE DECLARATION AN~ A'~]OP^II4T;~ A MI'~'I~A^ION N:ONITORIIvG PL•AN ~ OR THL ~=36-1144 F~JJRTN STREET SENIOR HDL75ING ~~UBLIC PPLRK~N^v STRUCTL'•RE P^~GJECT W~EREAS, a Natice of Availability of a~ I:zitial Svuciy and Propcsed MiLiga~ed N~gative Dec?arat~o~, for the senior ho~ss~ng/public park=ng strscture ~ocated at 1i36-114~ Fourth Street (~ro~ect? was published on Nover.iber 25, ~996 in compliance w~tr th2 Ca~ifornia Env~ranrnental Quality Act (CEQA) and the City of Santa Manica C~~A Guidel~nes; and W-~EREAS, or Apri~ 29, 1997, the C~.~y Caunc~~, as Lead City A~ency, rev~ewed the Initial Stu3y and Proposed Mitigated Neg~t=ve Declarat~cr~, and Mitigation Monitoring Plan, I~'CGr', THERErORE, '~'HE CITY COG'N~IL GF T~E ~ITY OF SAI~TA MONICA :~Q~S HEREBY RESCLVE AS FCLLOW~ SEC'~'IOI~' l. The City Council finds tnat the ~ni~ial Stady ~dent~f~ed pcr.entwa~ l.y s~gr_w~~car~ effects in the fo~lowing t~rEe areas ~)l~gr~t ana gla~e, 2)~raffzc/circulation/parking, 3} cultural resources. SECT~ON 2. The ~ity uounci~ f~nas that 4he following eo~.d~t~ons o~ appycval imposea an ~he Pro~ec4 and agreed ta by the Nienorah Housirg Foundati~n of the Jewish Federat~on Councll 1 e€f44 , tApnlican~l will avci3 t~~se ~ffec~s cr rr-itiga~~ ~n~ effects ~c a p~int where ciear~y r.o signi~~cant ei~ec~s w~~? o~cur: 1 Prior to ~sssarce o= a Certif?cat~, o~ ~ccupancy, `he App~icant shal~ desia^ and ir~stall exte~ior builci~.r:~ ligrti~:g that sheds lig~t pools o:~ly on ~he s:~b~ect prcp~rty iocated at 1135-1144 Faurtn Street. Nor~h and wes~ ~acades sha~? ~ncorpo~a~e the m~n~mal light~ng needed to satisfy sa~ety reau~ rET•eP_CS 2 ~inish materials, includ~r_g g~azing, shall be of a low refl~ct~vi~y to r1=n~mize glare an3 shal? be reviewed and ve~~fle~ by the Arch~tectural Review ~aard. 3. Pricr to clcs~.~re of th~ existi~g surface parking lot ~ocated a~ i7.35-~144 Fc:~rtn Stre~t ~ Lot) ar_d prior to issuance ~f a buti~d-ng permit, t~e App~icant, w~.th ap~rova~ by the Ci~y, sha=1 ~r,tplernent a restrip~~~c ~lar: ror botn Third ar~ct Fourth Streets between Wils~ire ~oulevard and Ca~~fornia Avenue t~at wi~l create 42 new metereci s^aces Madif~cations ta the east siae of ~hi~ block c~ Th~rd S~reet w~ll ynvolve r~str~pin~ 1~ °x~st~ng parallel parking spaces ~or diago~al park~ng This will y~eld 24 ~iagonai s~aces, for a net g«in of 11 new spaces Modifications tc ~h~ west side ot Fou~~'_7 S~?'~P2t, ~.mmed~ately fron~irg the sub~ect sit~, w~~l er_~ai~ ~he provisicr_ af 17 nEw curb-side parallel parking spaces Mod~~~cat~or:s tc the east s~de o~ ±ourth 2 eff44 , Stx'eet wil= ~ntail ~he provisi:~n a' 14 ^2w curb-side para11e1 park:.ng spaces ~'0~~~.P°~", *~e Todifica~ions tc t~ e i100 blocks o~ Th~rd and Fourtr Streets wil~ yield 42 r~ew parking spaces ~n tze vicinity cf the pro~ect site iacated at 1136-~1~4 Fourth Svreet. L P~~or ~o ~ssuanCe of a bu~lding permit, the Applica~t s?~all submit to th.e ?iarr_~ng ar_d Cornmur.~ty Developmen~. D~par~me: 4 a cc~y of a r~corded lease agre~ment for 20 park~ng spaces ~o^ated within lOGG feet of tne ~~rimeter of the 1136-1144 Fcurth Street ~arcel for ~.~se by drivers who purchase a perr~i~ ~a pa~k ~r_ e~ther the Third S~rezt Str=actare cr ti-~e Loti?ermi~ Parkers) dur_ng the cor.struction period S Fr~oY ~c the closure of the Lot, 4ne Appl~cant shali ~m~leme:~t t'~e foli~winc r~oti~icatior:/education measures :e reduce 4he inconven~ence and r.egative irr~pact o~ the closure of th~ Lot A. Notice shall b~ ~~cv~ded to the businesses and err,ployers whc use or benefit from the Fourth Stree~ Parkin5 Lat ard a ccpy of ~he notice a~d a cer~ifi~atlon o~ mailing snall bQ provide~ tc the City Planning Divisi~n. B. Notificat~oz sha~~ ident~fy the schedulEd da~es for closure, nrovide maps of alternative parking fac~lit~es, and urge busiresses/Amployers to notify ar~p:.oyees anci customers of t:ze planned clasure and 3 eff44 r J t park,ng altern~t=ves pr~cr to ~he sc:eduled clos~re dates C. O~-site sign~~a w~i~~ mpe~s Lhe size, he~ght, let~erir~ and lo~at~on re~uire~ents ct the Zar_~nc Adm~nis4~ator s-an postina re~uire~ents shal~ be installed rot_rying casto~r~ers c~ ~he s~hed~aled dates ~o~ closare a. ~ l~stir_~g alternative park~r:a ~acil~ties Du~zr_g the construction phase, tr~e Appli.cant si~al~. p~ace a s-gn cn the Lot, to the sat~sraction a~ ~he City, identifyir:~ available public park,ng lacatians at ~he ihira. S~reet Pa~king s~ru~ture and at Parking S~ruc~ures Number ? ar.d 2. .~. "'re Applicant shall provide ~GO flyers and o^e poster ~ach ~o places of bus~r_ess that benef~4 ~rcm th~ existir~ ~our~h Ctr~~t ~a~-k~ng J.ot as id~nt~~-ed by Czuy Plarning s~aff, ~~ot~tying customers of 4~e s~hed-41~d date~ for clos~re, an~ provi-c~'ing maps c= a~terna~ive ~ar~cin~ facili~ies fc~ future v~sit~ 6 Prior ~c issuar•.ce of a bu~ld~r_g ~errr•it ~r any de~rolitio~ or grad~r~ permi~s, the Appl~cant sha=1 infarr,t cons~ru~tior grading crews of the potential for bar~.eci archeological and ~~~eorL4e~ogic~l resources I~ resources are discovered ~ur~ng ~he excavaticr.s, worK in ~:~e immediate ~rea oF the finc shall be ~al~ed and a qua~~fied archaeolog~st or p~~eor.-eicgis~ contacted to de~er*n~=~e tne s~grificance of ~he r-iat~rials ar~d to develop appropr~a~e fol~.ow-up measures _ 4 eff44 ~ SECT?GN 3 Tr.e City Council has reviewed ar~~ ccns~aered the In~tial Study and Mitigated I~e~at-ve Dec~a~atian, and *he N:~t~aatzor~ N;o:~itarinc P~an cr_ t::e Pro~ect togetre~ wz~~ ariy commeTts receiv~d dur~ng ~he pui~l~c review process, pr~or to act=ng or~ t'r:e pro~ect SEC^701~ 4 The ~~,~y Counc~l finds ~hat based on the Ir.itial Study and comments received that there is no subs~ant~ai ev~~ence that the Pro,~ct ias ;r,odif~ed by t~e conditions outlined in Sect-on 2; will have a signiflcant effect o;~ the ~.lviYonment, and hereby approves tLe M~tigated ~Tegative D~c~aration S~'~~_CN ~ . The Mcn~~cr~nc Plan, ensure tna~ tne implemen~ed. C~Ly Counc~l adopts the yii*.1gat~on wh~ch is ~~cluded as Attachmen~ A, t~ required mit~gatiorl measures w~~1 be SE~'~IOti 6 The City C~erk ~ha~~ cert~fy to the adoption of tri~ Resal~:t; cr., and thence~ortr~ a::~ thpreaf~er the same shall ne in full ferce and eLfect. AFPRGVED AS '~'O FORM: i.G~.) ~''`-^~L.17. !`r~.~S?~A J Pi~ UTFcIE ~` ~i~y A~torney 5 eff44 r adopted and approved this 6th Qf 1~•1a~- 1997 ti ~ P O~Connor. ~1a~~or I. ~•iaria A~1 Ste«~art. Grt~~ Clerk af the Cit~~ of Santa ~lomca. do herebt' certif~- that the fore~oma Resolution 9143(CCS} ~.ti-as dul~- adopted at a meetina of the Cit~~ Gouncil held on the 6ih of' 1~1a~~, 1997 b~~ the follo~;~mg ~~ote ~~-es Counc~lmernbers Feinstein, Genser, ~~1a~-or O~Connor, Rosenstein \ oes Gounc~lmembers \ one :~.bstain Councilmembers Ebner, ~-1a~-or Pro Tem Holbrook ~4bsent Counc~lmembers Greenber~ :~TTEST ~ ~~ ~.~~.,~ ~ ~~Zaria h~i Ste~~art. Git~~ ~Gler~: \ppd\s7are\eirtemps\Toarths~;rPso2b w-gd Last revisec July, 1954 eff44 C"i!y of ~:inta Mon~ta ! 136-1144 [i'uurth Slrect ficnior l~ousing / Yublic Parking Structare Mi#~~ation Monitorin~; an~f Reportin~ C'hcckl~st Mitigatian MeasurelCnnd~t~on of Approval Action RequEred Monstoring to Mo~sMnng Responsi~le - -_ Compiiance VenFcation Occur ~requency Agency or Party ~ ~ ~ . Enibal Date Camments ------------ 1 !f.-1'I'.•I ND G/,:-IR!' ._._---___.. I I~~ a~~pE~ca~~t Shal~ dc5ign cxtcrinr t~u~lding lightin~ that f7esign and installation of Pnor to (.lnc,e ('ity Plann~n~ til~L~lti ii~,lit punls c>tily un tlic tiuh~c~t S~tc North and wcs! exter~or I~ghting i55uxnc,e cyl D1VfSlUF! I ' f.it~~~le5 Sh~ll! in~nrpnisue thc rnmun~i4li~;lyting nccdc~l ta C'ert~lic~~es uf Bwldmg & ti~iliti~y S~~Icty rec~uir~mcnts .. ._._.............--- -- Oc,cupancy Saiety Division ----_....._._- ---... ---• - E iiutih iiiatcrials, ~nc.ludn~~; ~,I~~r- •~ - ...-_..._ - ir~~„ stiall bc ~,f ~t low Suhmittal of facade nians ancl At design [ wice Architectural icflcclivity Ic~ minirniic ~;Itaie matcnals necessary for r~vicw and Rc~iew 13oard 1 archEtecture rev~ew linal plan t'ily Plannin~ check I)ivitiion ~ - -~--~--.....---~------~- ..,...._....._....._,,,.,...,,,.,,.,--- 7R.~lI-I-1(/( IH( 111.:1I1ON/Pf[Il1~[IN(, All~i~iatiy~,l,'~~Ekin~;.~ot.Noii=Ner~iiill'ark~~ti 'Ihc A~~E~li~~in~ ~vi~h a~~~~~nval hy iiie (:'~ty, ~hall iniplcmcnt ~i ictitti~~fn~~, Eil~in 1ur bi>lh ~I liircl ,tn~l Fuurtli Sliectti h~tw~cn Wiishi~c 13c>ulcvai~i an~i ( al~1s>rru.z 1lvcnuc Ihal ~vuul~l c re~~lc 42 ik~w r~tclciccl s~~ac,cs Muclili~aliuu5 I~~ th4 c~~at St~le u! thi5 hl~x,l. ul I ftin3 tilrcrl wnulil u7vi~lvc ictitii~~~i~~; 13 existc~~g p~~r~illcl po~l+uf~~ s~~,i~~ti Eor ~fi~i~unai ~i;i~l.in}; Tius wuu~d yiclil ?~4 cliugun.jl ti~i~i~cti, fur a iiel gain ~if I I ncw 5~.~~c5 Mu~liii<<itiuns l~~ ~hc west sidc c~t I c>uE-lh Strcct, ui~niccliat~ly hunling !hc tiuh~ec,t Site, wouid cnt~ul thc pii~v~tiiun nl 17 ne:w ~~uh-ti~d~ ~~~ir~Vlc3 p,ukEng spaccs M+~~irfi~,ilu~r~5 ~~~ thc ~.~St sicf~ iil i~iiurth Slreet would ci~l.~il Ihc pruvisizm i~t I~ti ~~~W ~,~~b-5~~i~ ~~~~rallcl p~irl.ing ti~i~icc5 I r~~,c:tlici, thc mnd~lic,~ic~a>nti tu ~fie I IUl1 blu~l.s i~f I I~tiJ ~~ni1 i c~nilli ~It~•cl5 wuiil~l yt~l~i 4:'ttltern~Nive ~i,ar I. in~, ~~~a~ rti . litiplement~tion t~t a restnping Pnc~r tc~ c.lc~hurc Uncc plan tirr E hird tilrecl and 1 ourlh c~f ~x~titing Strect bctween Wilshue surCa~e p~ukm~, 13oulevard a~id ( alilornri ful / prior lU Avuiu~ ISSUB[1CC OE huildui~ perm it ~~ r~t~~«~~~ i',iKc I Ciiy of Santa Monica 113fi-1 ~44 F'ourt~ 5trcet ~cnior Ilousin~; / Puhlic Park~ng Structurc MitEgaEion Munit~~rin~ and Repurtin~ C."hcckli~t ~~ /~,~1~111d~IVl.{~~If~411~ ~~1T.~~Lfllllf ~~df~4fS - ~,1llTifl~; 1~1L :f A(1~)IILB!]l lfl SIIE)I[31l d r~flQf IU .i ~)IILI, i1 ~Ily ~~drl]1Ellk ~nm~iucli~m ~~cnud, Eli~ ~rppli~~uit tihail irz~iinl~nn il itc,o~dcd lease a~reemc~t fo~ IStiLLi3fll.C fl~ ~)IVISIUIl i~~uFd~d I~.is~ .ig«~nxnl lo~ 2f} ~i<<~~,i~~~ ti~~a~~s 20 parkmg spaces w~fh biulding pcrinu lo~~it~cl wilhui IU41{1 f~~t c~l Ih~ ~ictuntt~r nf ih~ apphcaLie pruperty nwners I! Zh-I i44 1 rnutli 5~ic.~1 pui~~l lui ~isc, hy dr~v~iti for usc I~y drrvcra who uliu ~iurc.hatic a~~e~mu tu ~~aik in cuhc~ ~ht I 1~3rd purchase a permil tu park w tiuc~t 5uucturc ~+r Ili~ ~xitiling ~ oui~h titi~~t suilac,c either the'I hird 5ircet lul (I'uinit 1'<ukuti) 11ur~n~, ihc ~umlruc.l~un P~riu~E ~truclure ur thc Fourth In .ul~lit3on ,i ~it,ui yhal] bc, im~l~m~ntccl hy thc Street lot durmg tlie .i~~,lu ant wilh tli~ ,istiitil~uu c nl 1h~ C'ity tu prcivid~ eonslru~two per~od ~~~,il,ing I,ir ~,uinil ~idikus in nnc ui Iniu parkin~ lulti io Ih~ unnutli~il~ vu,~nity wlu~h would ~~~cninmodai4 b(~ty sl~all ~ti4ue Icmpurury p~rniill~~ti iiu~in~ 1h4 4urs51ru~linn puiad ~1 tol,il c~l parkm~ perrnit to quahfyinK b I'r~or to b S~]1LL n c,~y r'luniung R5 puc~iilti wili hc i4tiuid fur uti~ ~n n~~~rhy l~~tti ati 1~ourth S[rcci aurfacc lut itiiu;in~e ul f7ivitiinn and ~ullu~ti5 ?5 ~xrinil5 in Ih~ I hncl tilr..~t titruUur~, 4i! ~~crnnltees I~u~liirog pcnn3t E'aikmg f)ivitiiun ~u iiii~lti ~n f`~uhniE~ Slru~lw~~ I~intl 2, dntl ?If ~lllllli~ti IULdII'lI 441IIllll IUUfI ful ~il Ihc ~u.rinut~i ul lli~ ] l ~4- I f~1-4 I oui-Ih tili~~t ~rai~~l I'~~e 2 C'~ty of Santu Mor~ic:- 1 136-1144 ~'aurth Street Seuior Housing 1 Public Park~ng Structure M~tigatian Mi-nituring and Repor#ing Checkli~t Mitigation MeasurelCond~tion of Approval _.....__ Actaon Required Monitor7ng to OCCUr Mvnito~ing Frequency R~sponsible Agency or Pa Campliance Venficat~on ln~bal Date Cammer~ts ,~ (~rr-~rrr ~a~,r~rlrr~r whrc i~ ~rrE~c~~t.s Ihc- srze, h~rr~,~irr, e Applic~nt to prc~v~de on-site Ic~~lr~ ~i1~,~ urul !vc ulrun rc•yurrc~na~~ntf uf !lu 'Lvrrt~lyr s~bn~ng ;~clmrrrr~lrulur ~jrull hc~ r~i.~lullrcl ianitfyrn~,~ cu~l~~rrtcr~ ~,f r{1~~ ~c Itc~rlr~lc~cl dulc~.~ fur c lu,tiurc~ u~u! It,stu~~ rr!lE~1 ~1crlrvc~ ~~r~rku~~~ Jca~ rltlrc'.~ I)urtrr~,j lirc~ c vrt-!~ rrclrun fr{ru~c, llrr u~~~~ltc rtril .tihull ~Icrc c~ u.~t~+jr ~~u ri,~~ ~>r~,~~~•,r4~, r~, rdar ~urr.ti/u~ r,~,n ~~/'rhr C'lry, rclc~~rlrJ~~rrrg uvulluhlr pi~hlu ~~cri kt~t~; I~~urhun~ u1 lhi: 1 lrr~ ~l ~51~ ec~1 1'u~ k rrr~,l ~lrui i tu ~~ irnr! cr1 1'u- k r-t,~ ,S'1, rrc ~f~~ c~, Nrir~lhc~, 1 u,rcl l -J I l~~rrti ry~ ~~utilrv ~~lirrl! hr nurr(c~ uvcrrlcr6lr !u 1hr d npphc.ar~t shall prcivide !00 l,luc ~~~ r~J hr~~ rirr~ ~ rlicrl hrrtc°frr /runr Ihe~ c.rl.tilur},~ llycrs and one poster eaeh to 1 nu~!!~ ,ti'lree~l pcr~krn~; Iu! ~rnlrJl~tn~ ~tcs-urrte~r,~ uJlhc~ plac.es ofbuti~nesswhich beneEit +e Ir~~chels~rl clule~.s /r~r e ln.tituc~, u~r~l pru~~rclrrr~,~ /71C1~)S ( f t~om thr exisiing Fourth Street uNcvnullvr ~~cr~kr~i~ fi.u rl~llE~.s Jnr,/ulure i~rsrl.~ A4upti p~rkufg lot, ~u tticnt~lied by c rudcl ulsn hc~ /~rnvrrlc~cl durt~t~;~ l~re clncurr ~~e~~tr~d, tJ (''ty staff husryrrtisr~ Jr~~ul~hcrl rhe~r- c u5funrc~ra huvr hri~rr ur~ vimr~rr~~irc ri1 rrr !~ ~~rt~~ tr~ Jrr~d crllc~~ r~ullve~ purkrn},~ ure~r~ti c~~r~ -r~Hr~~, RF.Sn(IR('F.S ('nnstruclicm ~!r~ulin~ ~rcwti Shal! hc alcrtcd tn the potcntial Applu.r~ril stiall ~nfonn Prior io the On~e al i55uanc,e uf i'I~t~ning tur hu~ ir~~ ~~ri.l~ae~~~logical an~ ~~leuntnlo~ical ~esowces canstrue:Uon ~rad~ng ucws of issua~~ce ol ~uiy buildtng, f)ivisinr~ / II resnu~~c5 aie disenverecE dur~ng ~lie cxc.avat~om, wcnk the potrnUal tur buried de~i~i~~itii.m, cl~molition, or Ruilding and in thr imnic~liaic ,irc~t ul Ihc find shall be halted and ~~ ~CCI13G1iI0~;]4ill ~md grad~ng, or gr~ding perlnrt, and tiafery I)rvision qutililicil ~re.h~iculug~sl ur ~~~ilcuntc~i~igist conlacted to paleontoingi~al rrsuurc,c,s huiEdoi}; ongrnnb as new ~~CII'I Il1117C Illt' SI~,Il~rlliil'14C UI (I1C 111dLCC1i~Iti 8111~ t(1 (~CVCI(1~1 pcrmu wurkers urrive at the ~iE~~~rnpn,itc Inlluw-u~i muasureti ~oh sitc dunng SiEc _ _..... ..-----.. ..._ prcp:~ralion phasc I'a~;c 3 ~ ATTACHMENT A ~ - , . f ~ _ -- ,: - C~tv of ~~O~J-~~' ,~ , ._.~ -~ ; ~ ~ . - , ~,_,~, . , ~ .. Santa Monica - ~-° Department oI Plann~ng and Commun~ty Development ~: ~- ; _ ; .- , J ~ ~ ~ Planrnng and ZaNng Division (310) 4~8-B341 ~~ ~'~~ ~ ~ ~ APPEA~ FdRM ~~~ ~ r~ ~ Date Filed ~ ~ ~ ~ ~ A ~ Rec„~ved By A Receipt No t ~ ~ ~35~ Name X~c~,o~~ f~ ~`rA~iJSG Adaress ~3~~ c.e~ , ls~ ~r~c- ~3/~c' S~ 1Ylv~~~'~~ C~ ~ouc~i Gan#act Person Phone ~~~r 3 ~~~~ Please descrEbe the pro~ect and dec~s~on to be appealeC ~~ L= ~~~~~~A~ ~` 7~~rP ~~ n~~ CC~~~.~~1~r~ a~; f~~~z~c~ ~~ ,~g~ ~~"c~~~ ~~~~~~ ~ ~/, , ('~,~ y ~y-~~ ~ L~ ~ ~ ~G'~vl.S f} /~~ ~t~~~H7C.i ~-YJL%')7 C? i ~ ~17 {`~ Qf : ~~/ ~ S/3Y17N V ~!/~ ~a~ ~#'InP L' ~n .S tY~ll c~`t;-v} r!~ A 6~. U n r 7' C E'u 1 G~ ~e; vs ~ s r.~ ~~f'[-2[~ T' ~ ~ T~ ~ ~ ~c -- a ~ ~r Y `-( ~ ~T ` r ~ ~~~ ~U r~~ 3 ~~ r s'~z ~ r* ~ ~ - ., ~ase Number Adtlress Applicant Ongi~di Heanng ~ate Origmal Action Please state ~he specific reason(s) for the appeal l• S~ti~C ~A,rra'~n.`c ~'r~z ~~+~7`' ~:v ~1s~-7w 6 !3- v.c.~Vr~s~ /dr~ C" ~/~ , ~e~s ~-rn-~ ~ ~ d ~i c ~ ~ y ~ .5 ,1 f,~i r .T tiroz~ 13[.~-r' ~r r~ ~i ~ /~/~d~/~ ~ ,~ ~C ~~ 1~ '~ j/C'~~Z ~~.`~i~Yrao717~'1~--~ u`~ ~7F~~~7''nur ,7~~/~r yy -~-z~('/ L; T7'~ ~-~f-I G~a~~~~r~s~~91~U ~ ,~~ Trr~~.`~~ ,~~~ C~~i~ ~i~ f~db ~~c~c.7~" ~j n T `! ~ ~.~ U ,r ~---~ ~{ P s c-r ~` r ~ ~ a.~r[ /C. ~iv! ~~',.i Y ~ .~T~ ~ /~/~ ~G~ 7~7 0 JU ,`i~Tc'E-J~x'l`.G~i~ fi~'7~ ~Ff~G~E U~ ~j f S /£.o ]`` ~/2~-/'C'•o l ~. p Lac`,a ~~n a/~ ~.ar{~ ~-. y G~ ~~~~~ 7`~ ~r c; r~r~,~ _t ~; ~/ 7~v7`I/a~-i u-~ c~~ z~-- ~ c, r~ d~ ~rn r_,~TL~ ~,~'C =C ~ V C~ri ~.-r°~ ,~Gvoc ~-r„~i~ ~ 0 C- c(fi 1~1~~rt~ ~A/z1~` rI~ f,3 ~~'~ '~ ~_ ~G~-n ~ 1 K y ~r~'1 v~ J.fs . r.~ ~~Z ~~ A C ~' iY C~~ ~c`~ ~'~ ~--T~n tY~ ~ c ~i7~ ~ ~'7' c:-~-, ~`yr N ~ ~z ~o ~ ~~ ~: .f~ t~ /~rv}~ L~~7`~-~r~ p-ylc-~ ~.~ r~ ~~ r2~S c' r5 J~r r7s"''f~ 7~ ~i F~/~ 7~d`"~~~' ~'f'.l ~ ~ - ,~G~~a~ n ; n ~ ~rjJ~-r~t ..5"S ~ P~j /l~~G~r'~~Z ~~H S ! ~ ~ c_ r tr /(~P ~ ~~o fs~-r ~ ~~ ~e C ~ `-7r~i A `Yr~ ~-r~-{ ~lo C'}-i (~A•C-~c_ ~ ~ ~ ~ ~~~[1i G~7 ~ v ~ ~ ~-i~ I ~ r~ r~.~ fi r.~-, .~G ~7' ,~! t,o ~i~ ~~~~~'~'2S ~i C~ ~rr C~ft"~'!~`D • iG ~ 1 v. ~tf~'~ L f - • • - - ~ f - Please provide twa sel~-adcirsss~~, stamped, ~etter-s~zed envelopes. _ ~ ~ ~~- `' / / ~~e ~ -`~-'~ ~~ - r ~ , - Rate ~/ ~-~ ~7 i ~ ~ist of Appeaf Deadlines* Vanance dec~s~ons i 4 days (SMMC Section 9 04 20 1 0 08~) Hame Occupat~or~ dec3s~ons 14 days ~SMMC Sect~on 9 04 24 40 060) Temporary kJse Permit decisians mvoiving pra~ects naving span o645 days ar more 7 days ~SMMC Section 9 04 20 ~8 060 } Performance Standards Permit dec+s~ons 14 aays (SMMG Sect~on 9 04 24 26 060) Reduced Park~n~ Permit d~~sions ~4 days (SMMC Sect~an 9 44 20 26 676) Admmistrat~ve Approvals (revocation the~eof only} 7 days (SMMC Sect~on 9 04 20 28 050) Ocean Park Yard Reductson ~erm~ts 14 days ~SMMC Sect~o~ 9 OG 2fl 32 070 ) Arch~tectural Rev~ew Board decisions 10 days (SMMC Section 9 32160) Lar~marks Camm[ssion dec[s[or~s 10 days (SMMG Sect~on 9 36 ~80~ Cond~ti~r~al Use Permit dec~s~ons 14 days (SMMC Sectior 9 fl4 2012 O80) Development Revtew Perm~t d~c~s~ons 14 days (Sect~on 9~4 20 i4 070) Tentative Map deci5ions 10 days (SMMC Section 9 2014 070) *Appeal penods beg~n on next bus~ness day fallawing the decision Appea! penods ending or weekends or holidays are extended ~o the next bus~ness day Appeals must be filed on forms ava~lable from Plann~~g and Zon~~g off~ce a~d be accompan~ed by appropriate #~I~ng fee See 5anta Mon~ca Mun~c~pal Cade far more ~nformat~on 6.9~ ATTACHMFNT B City of ~ ~ Santa Mon~ca DepartmeM af Pfanrung and Cammu~ity Qeveloprnent Pia~inp ar+d Zonln~ D!vls~an (310~ 458-834i APPEA~ FOHM Qate F~Eed ~ Jj ~'~ ~~4~'}~i~.~12G1~GuYr~~ Fiece~ved By • ~ ~ Rece+pt No. !`t P.lAG ~ f 1~~~ , ~ Name ~'uAR1~St]t3'~' pAR*f'~RRR . i.Tl~ _ RY S~3SAi3 CClNNAT.I.Y FOR GENERAL PAR'i'i~IERS . Addr855 330 CALTFORNIA AVENUE ContaCt PerSOn ROSARI ~3 PERRY Phane 3 9 4-~ 8 31 _ , Please describe the p~oject a~rd deasion to be appgaled GF.NTC}R C'TTT ~F.111 HOf15IR1G PROJECT TD SE LQcATED _AT 1I35-I~4~ 4TH STREE'~. ' . CERTIFICATION OF MIT~GATED DECLARATION DEYELOPME~T REVIEW _4DR-95-0023 __TEXT AMENDF~j,d~ ( TA-4 T-QD1 ~ „ , CvP ~ ~'~--~7-001 ~ , VARIANCE t VAR-95-(}1S } Gase N~smb~r Addres~ 113~-1144 4T~I S~R~ET Af?~5{1C3i1t f'TTY 4F SANTA MONICA & MENORAH H~USIN~ Orrg,nal Hearing ~ate ~~B ,19 .19 9 7 pr~gmal A~tion APPRQVAL OF PR03ECT BY PLANNING CONiMISSION - ~lease state the speci~ic reason~s) far the appea[ SEE ATTACHED LETTER IN CORPORATED HEREIN. . • ~~ ~ Please ~rov~de twc seEi-addressed, stam~ed, ~etter-sfzed envelopes. Srgnature Date ~CH 31, ~ 9 9 7 LAW OfFICES OF ' R O S A R I O P E R R Y T333 OCEAN ANENl1E SANTA IVIE7NICA, CA. 40401 ble {3i0~ 39~-983t March 31, 1997 4:04 pn~ Fax: (310) 394-4294 City Council Members Clty o# San#a Monica 1685 Main Street Santa Monica, Catifornia 90407-22~0 Re: G~rtification of Mitigated Negat~e Declaration; Devel~pment Review ~DR ~5-0~2}; Text Amendmen# {TA 97-001); Conditional Use Permit (~UP 97-Da2~; and Var~ance ~VAR 95-0~ 5) Address: 1136-11 ~~ Faur#h Street Applicants: Menorah Housing Foundation of the Jewish Federation Council and Ciiy ~f Santa Monica Dea~ Cit~ Cauncil Members: This appeal is being presented on ~ehalf Charmont Par#nersf Ltd., #he own- ers of the apartmen# building at 320-33D California Avenuef and 1145 4th Street, Santa Monica, California. The Charmont apartment building is located adjacent to the proposed project site and conta~ns 86 residential rent controlfed units. Most, if not all~ o# the tenants of the Gharmont apart- ment building use the metered parking lot, which is the location o# the pro- posed housing project. In the recent time, many a~ these tenants have been denied parking permit passes ~or the metered pa~king lot, in ~iolation of the est~blished rules and regu~ations go~erning the use of City land. We feel that this denial was a well planned po~icy to limit the number of people whv would be impacted by the rernovaE of the City parking lot. What is worse is that #he mitigation mea- sures adopted by the Planning Commission only apply to those people who have a permit to park in #he lot. This is of course a pe~fect Catch 22. The variance and other items requested as noted abo~e are being opposed by the Charmont Partners on the grounds that ~ol~ow. 03-31-9TCityCouncil.frame ~ General. This projec# is a horrib~e mssuse af valuab~e City sesources. There ss already a lack ofi parking around the prvposed project. This praject not only wifi neg- atively impact parking fiar the businesses and residents ofi the surrounding area during #he year or so of construction time, but wil! also permanen#~y tie the City's hands in the future. This project will permanentiy prohibit #he City from buildsng MORE pa~king spaces on thss ~ot in the fu#ure. This project wslR limit public parking to the current fi6 spaces. In othe~ words, the City's pro- posed use wilf limit ~he Ci~y ~0 66 public spaces for all ~ime. This is a very wasteful use o# more than an acre of Ci#y land. Because of the great need now and the greater need in the near future for M~RE parking, the City's plan to restrsct its 1 ac~e of land to only fi6 spaces amounts #o an unneces- sary waste ot City resources. We say unnecessary because the appel[ant has o~fered on numerous occa- sions a compromise whe~eby the developer builds on only 3 lots. The other 3 lots ~emain open parking lo#s, upo~ which can be built parking struc#ures in the future when needed. However, the develaper, for reasons unknown, has decided to bui~d an a116 lots. When the Planning Commission asked Staff why a 3 lot comprvmise was not acceptable to the de~elvper, the S~aff responded that it was the developer's project, and they just look at what is submitted. We suggest that this "take-what-is-submifted" approach should be unacceptable to the City Council, especially since it is the City's land and money that is b~ing spent on this project. Mitiqated Neqative Declaration. The Mitigated Negative Declaration should not be certified for several rea- sons. First, the City is one of the applicants. Ft should not be allowed to avoid a full E~R to study the parking impacts, because this shor~ cut in such a close case as this is circumspect. It gives the appearance of impropriety. Second, #he last minute ehange of conditions of approval of the MND state in par#, that the applican# can avad parking impacts by providing staft with a copy o~ a recorded lease agreement tor 20 parking spaces located within 1,n00 feet of the perimeter of the i i 36 1144 Four#h Street parce! for use by dr~vers who purchase a pe~mit ta park sn esther #he 3rd Street Str~cture or the exiting 4th Street surface fot. What this means is tha# the P~anning Com- 03-31-97CityCouncil.frame 2 mission has approved a MND based upon the applicants' supplying 20 spaces ANYWHERE under any circumstances within this i,004 fQO# area. The Planning Commission does not know wha# type of parking it w~ll be, whefher or not the parking wi~l be fee to the users, whether or not the park- ing was at a public parking lot (in which case the parking is NOT additional but will be taken away fram the business community}. This shot in the dark appraach is no# in conformance with CE{~A requirements #ha# manda#e that the Cammissian must defermine that #his substitute mitigation measure "is equivalent or more effec~ive in mi#igating significant effects on the ern-iranment to a less than significant level and does not causa any potentially significant effect an the environment .." Qur que~~vn is haw can the Commission make #his finding if it does not know where and under what conditions this ex#ra 20 spaces a~e being pro- vided ? Third, on page 4-21 af the reportt i# carrectly sta#es that #he Charmont Apartr~ents ~s an historic building ~ocated less than 2~0 feet from the project and faces Califomia Stree#. The Gharmont Apar#ments ha~e been desig- nated an histo~ic landmark by City, State and Federal age~cies. The report then incorrectly states the proposed proJect does not compromise the Char- mont Apartments. Nothing could be more inaccurate. There are 8fi apart- men# uni#s at the Charmont, many of which ha~e multiple occupants. Many vf the tenan#s, oceupan#s and/or visitars of the Charmont Apartments use the me#ered parking ihat currently exis#s at the propased projec# site. Using the existing parking Iot to build another high density residentia~ building in the area will only add to #he existing parking prob~em and congestion in the area near the Charmont Apartments, whether or not same parking is pro- vided in the proposed new high density building. The M~tigated Negative Declaration daes not address the parking problem and congestion problem in the immediate area near the Charmont Apartments, w~h~~h is ~ust narth- west of the proposed pro~ect site. Most, if not all, of the pa~king analysis is focused on the parking to the south of the pro~ect site. At minimum, a new Mitigated Negati~e Declaration should be ordered that is comprehensive in scope and fully discloses the parking pro~lem and congestion problem in the to the north, which includes the Charmont Apartments. The mast appra- priate action of course is for the City to provide an EIR. Fourth, the Mit~gated Negative Dec[aration does not state the #rue signifi- canee of the Charmont Apartments. The Gharman# Apartments are desig- nated as a Federal, State and City landmark. The So~ere~gn, located at 2nd D3-31-9~CityCouncit.frame 3 and Wash~ngton, is no# even identi~ied in the report, and '[s also a Federal, State and City landmark. These considerations need ta bg further addressed and resolved by the report. Fifth, the propased project wi!! take two years to bui~d. This wi~l drastically effect #he tenants, occupants ar-dlor visito~s o~ #he Charmont as their exist- ing parking wiE1 disappear and their parking two years down the road wi[I be gane as well. lt should also be noted tha# Charmon# Apar#ment tenants were refused parking permits by the Glty of Sar~ta Monica~ in an apparent attempt to clea~ the way #or the present proposed project. Sixth, fhe MEtigated Negative Declaration does not address the planned ~ow-levet ~ncome housing an the Zudcy's parking lot and the inherent con- gestion caused by this high density project. California Consti#ution, Ar#i~le XXXIV [34). Ca~ifornia Gonstitution, Artic~e XXXLV, pro~ides: uNo low rent housing project shall hereafter be developed, constructed, or acquired in any manner by any state pubtic body unfif, a ma~ori#y o# the qualEfied electors of the ci#y, town, or county, as the case may be, in which it is proposed #o develop, cons#ruct, or acquire the same, ~oting upon such issue, approwe such project by voting in favor thereof at an e~ec#~on to be held for that purpase, or at any general or special election " In Housinq Authority ~ Monterey Senior Citizen Park (~ 985) 164 Ca1.App.3d 348, 210 Cal.Rptr. 497, a housing authoriry brought an action #or declaratory relief, specific pertormance and damages against a limited partnership, to compe! the partnership to give effect #o an aption to purchase agreement execu#ed ~n connection with a proposed low rent housing project. The caurt, found in part~ that the lease and option agreement were not void under Cafi- #ornia Gonstitution, Article XXkIV, requiring approva! by the Iocal vo#ers of any Iow rent hous~ng project. En Conway ~. City of San Mateo (i981) 127 Cal.App.3d 330, 179 Ca1.Rptr. 5fi1, the tria~ couft denied a petition ~or writ of mandate, sough# by a city res- ident, to compe~ city o~ficials to submit for appro~al a proposed housing project on city-owned land. The Court of Appea~ affirmedr ho[ding that Cali- fornia Constitution, Artic~e XXXIV, section 1, which requires a municipality to obtain approval of its voters prior to developing, construc#ing or acquiring a 03-31-9~CityCounci I.frame 4 low rent housing project, was not applicable to the proposed housing prajec#t since the project met the criteria set forth in Health and Safe~y Code sec#ion 37~D1(b}, which establishes what does not constitute a Iow rent housing project. A low rent housing pro~ect is one that is: not privately owned; wou[d be exempt from ad vafarern taxa#ion by reason of any public awnership; and is ~inanced with long term ~inancin~ from a public body. The case of Davis v City of Berk~fey ~1990) 51 Cal.3d 227, 272 Cal.Rptr. 139, is most iflust~ative. in Da~is, the court #o~snd that baltot measures approved by #he ciiy's voters ~n 1977 and 1981 campl~ed with tne r~uire- mants of Article XXXIV, and that the city was not compelled to secure further voter authoriza#ion before proceeding wi#h a 75 unii IQw incame housing project. fn the proposed pro~ec# at hand, the City of Santa Monica, as a co-venturer along with the Menorah Housing Foundation of the Jewish Federation Coun- cil, is attempting ta deve~ope and construct a low ren# housing project tha# falls within #he meaning o~ Article KKXlV of the California Constitution wi#h- ou# the basic requirement of putting a vote to its community. This is a blatant viola#ion of the Constitutional requirement mandated by Arttcle XXXIV. On this ground alone, all the items sought at this hearing shauld be denied. Conclusion. For the reasons set forth abo~e, and any o~hers presented at the time nfi the hearing on this matter, #he items or requests saught should not be awarded or granted. Respect~ull submitted, Rosario Perry For Appel~ant, Charrnont Partne~s, L#d. 03-31-97CityCouncil.frame 5 ATTACHMENT C RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY QF SANTA MONZCA APPROVING THE MIT-GATED NEGATIVE ~ECLARATION AND ADQPTING A MITIGATION MONITORING PLAN FOR T~:E 1136-1144 ~OURTH STREET SENIOR HOUSING /PUBLIC PARKI~G STRUCTURE PRO~ECT WHEREAS, a Notice of Availability of an Inz~ial Study and ~roposed Mztigated Negative Deelaration, for the senior housing/public ~arking structure Iocated at 1~36-1144 Four~h Street (ProJectl was pub~ished on Nove~ber 25, 1996 ~n comp~zance with the Californ~a Fnvironmental Quality Act (CEQA} and Che Ci~y oi Santa Monica CEQA ~uidelines; and j~HEREAS, on April 29, 1997, the City CounciZ, as Lead City Agency, reviewed the Initial Study and P?"oposed Mitiga~ed Negative D~claratlon, and Mitigation Monitoring P1an, NOW, THEREFORE, THE CITY COTJNCIL O~' THE CITY OF SANTA MONxCA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council f~nds that the Tnitial Study identif~ed potentially signifacant effects in ~.he fo1.].awzng thxee a_reas: 1}1?ght and glare; 2}~,raffic/c~reulation/paric~.~g, 3) cultural resouxces. SECTION 2. The C~ty Council finds that the iollowing co~ditions oT approval ~mposed on the Project and agreed to by the Menorah Housing raunda~~on af ~he Jewish Fed~ration Counc~.i 1 eff44 (Applican~) will avoid these e~fects or ~itigate the eff~cts to a point where clearly no sign~fzcant effects will occur: 1. Prior to issuance of a Certificate of Occupancy, the Applican~ shall design and install exteriar building lighting that sheds ~ight pools onZy on the subject property located a~ 1136-1144 Fourth Street. North and west facades shall incorpaxate the minimal lighting needed to satisty safety requixements 2 F~nish materials, including glazing, shall be of a low reflect~v~~y ~o minimize glare and sha~~ be reviewed and ver=fied by the Architecturai Rev~~w Board. 3. Priar to c'_osure of the existing surface parking lot located at 1136-~1~~ Fourth Street(Lot)and prior to issuance oF a building perm~t, the Applicant, wi~h approval by the C~ty, shall implement a restriping plan for both Third and fiourth Streets between Wilshire Bculeva~a and California Avenue ~hat will creat2 42 new metered spaces. Modifications ta the east side af this block of Third Street will involve restriping 13 existing parallel parking spaces for diagonal parking. This will yie~d 24 diagonal spaces, tor a net gain of 31 new spaces Modificatians to the west side of Fourth Street, immediately fron~ing the subject site, wi~l entall the p~ovision of 17 new curb-side parallel parking spaces. Modificat~o~s tfl the east side af Fourth 2 eff44 Street will en~ail the provision of 1~ new curb-side parallel parking spaces Together, the modifications to the 1100 blocks af Third and Fourth Streets W~ii yield 42 n?w parking spaces in the v~cinity of the project s~te loca~ed at 1136-1144 Fourth Street. 4. Priar ~.o issuance of a building permit, the Applicant sha~.~ submit to the Plannzng and Communi*y Development Departrn~nt a copy of a recoxded lease agreemen~ tor 20 parking spaces located within 1000 feet of the perimeter of th~ 1136-1144 Fourth Street parcel for use by drivers who purchase a permit to park ~n either the Third Street Structure ar ~he Lat(P~rmit Parkers? during the construction period. 5. Przox- tti the closure of the Lot, the Applicant s'nall implement the following notlficatian/education measures to reduce the ~nconvenience and negative impact of the cZosure of the Lo~• A. Notice shall be provided to the businesses and emplayers wha use or benefit from the ~'aurth Stree4 Parking Lot and a copy Qf the natice a~d a cer~if~ca~ion of mail~ng shall be provided to the City Planning Divis~on. B Notiflcation shall identify the scheduled dates for closure, pravide maps of alternative parking facilities, and urge businesses/empl.oyers to nc~ify employees and c~zs~omers of the planned closure and 3 eff44 parking altzrnatives prior to the scheduled clasure dates C. On-site signing which meets the size, height, le~tering and location requirements of the Zoning Administrator sign posting requirements shall be installed notifying customers of the scheduled dates for closure and ~~sting alternative parking facilities. During the constructidn phase, the Applicant shall place ~ sig_r. on the Lot, to the satisfaction of ~he City, identifying avai~able public parkang loca~ions at the Third Street Parking s~ructu~e and at Parking Structures Number 1 and 2. D. The Applicant sha11 provide 100 flyers and one post2r eacn ~o places of ~uszness that benefit from tre existing Fourth Stree~ park~ng lot as identified by City Planning staff, notifying customers of the scheduled dates for closure, and providing maps af alternative parking facilities far fu~ure v~sits. 5. Prior to issuance of a building p~rm~~ or any demolit_o~ or grading perm~ts, the Applicant shall inform canstruction grading crews of the potential for buried archeological and paleontological resources. If resources are disc~vered during the excavations, work in ~he immedia~e area of the tind shal~ be halted and a qualified archaeologist or paleoZto~ogist cor~tacted ta determine the s~gniticance o~ the mater~als and to develop appropria~e fo~low-up meas~res 4 eff44 SECTION 3. The City Council has reviewed and consid~red the Initial 5tudy and Mitigated Negative Declaration, and the Mitigation Monitor3ng Plan on the Projec~ together wi~h any comments received during ~he pubLic review pracess, prior to acting on the pro~ect. SECTION 4. The City Council finds that based on the Ini~ial Study arEd cornrnen~s received that there is na substan~ial evidence that the Project {as modified by the conditions outlined in Sectzon 2} wilZ have a significant ~ffect on the environment, and hereby approves the M~tigated Negative D~claration. SECTION 5. The City Council adopts ~he Nit~gation Mon~toring P1an, which is included as Attachment A, to ensure that the required rnitigation measures will be implemented. SECTION 6. The City C?erk shall certify ta the adoptzon of thls Resalution, and thenceforth and ~hereaft~r the same shall b~ in full force and effect. APPROVED AS TO FORM: ~ ~c ~~ ~t~~ N`.F,RSi3A ~T = ~~UTR~E City Atto ~ey ~ eff44 \ppd\share~eirtemps~tour~hs~\reso2b.wpd L~st revi5ed July, 1994 eff44 ATTACHMENT A eff44 City of Santa Mor~ica 1136-1144 E~~ourth Stree# Senior Hausing / Public Parking Structure Mitigation Monitoring and Reporting Checklist Mitiga#i~n MeasuralCandition of Approual AFtion Required MohiRo~ing td Mc~n~tOri~lg R~~pohsibl~ Gc#m~li2Mnce V~r~#icatiAn Oacur Frequ+ancy Ayency nr I~a Initial Date Cominents LI(:NTANn CI.ARE I'he: appl~cant shall des~~~ extenor budding hghting thAt C~s~gn r~r~d tn5tr~llat~nn of !'nor tn (:)nce City 1'lisnnmg sheds hght. poc~lti only nn thc vuh~cct tiztc Norlh xnd wcs! ~K~rior lightinb ~stiuance ~~f l~iv~5~on ! facades sh~ll tncor~~orAtc lhc ~~unimal ii~hting nccdcd tai Certificates of Eiuild~ng & ~alitity tiafcty rcqu~rcm~nts Ucculxuicy Safety i)~v~sion Pinish n~nter~aly, inc~uclmg gl~umg, tihall ha c~l'a low SubmHta! ul~lacacie pltin5 ~nd AI acsign I'w~c~ Archit~~:tiuul rcl~ceti~v~ty to tmniin~ze gl~re malentds neccssary L`ur rcv~cw t~rid R~view Li<~urd / anhitcclurc nvicw 11I1ti1 ~17iI1 C~ty Ylunn~ng chcck Urvisiun T7~4 FFICIClRC'ULA TlUN/PARXINC ] A IIf•rnafivi~ Park~no fin• Nnn-PermEt Pnrkerc '['~c ImpIcmenlat~on of d n5tnping Pnor to Oncc Trallic Eng2necr Apphcanl, w~th ~ipprc~val hy thc C'rty, ~hall implemc;nt a plan for Th~rd Slrccl and closure af restrip~ng plan tor bcrth I'hird u.nd t~'c~wlh Strect~ betwe,•e;n Fourth Strect heEwecn WilShire er~5tmg ' Wiltih~rc liu~Ecvard and Cafifornia Aveiiue thAt would Eioulevard and California tii~rl acc crcalc 42 ncw rncl~~rud tipaces Avenue }~uinu~s lUI I pr~or ic~ Mcx3ific;atwiis to the enst Sidc oi' Ilu~; hlc~ck al' fhird Slrcct i5suancu ol' bu12~lIlg would mvolve rctit~7~»ng l'i v~isting paralle! p~u~E~irig pcr~niE ,pr~c~s f'ar diflgonal ~ark~n~ I'his wauld yiel~! 24 cl~agnnal ~paces, for a net gain of l l new G~iaccs Mcxiificalu.ms to lhc we5t tiide c~l'l~ow-th Street, imrnediately fronting the s~zb~ect site, would cnt~il thc Pra~ytiion of' i 7 ncw ourh- ti~~ie ~arallcl parkmg spaces Modificahons lo the ~;a~t side of Fow~1i Slrcct wciuld entail thc provasx~n c~f 14 new ci~rb-side parallcl purking tipacc5 'I'c~~;clhcr, thc; mcx~~~cations to the 1100 blc~c:ks ol' I'hird and h'ourih Strc.~;ts wc:~uld icl~i 42 altern~tive arkin s. aces PAge I City of ~ant~i Mon~ca 1]3G-1 l44 Fi~urth ~trcci 5cnior H~rus~n~ / Puhiic Parkin~; ~~ructurc M~tigation Monitoring and Rc~nrting Chcck~i5t 2 Allura~ativC I'~ia'I<In~ lill' I'CF~I~It I'd,i'kCC~ - l)ul'in~~, thC d/1Ei~roliCd.a'~l I,f~ tiu~iin~l d I'rll~C lii dOnCU d Cily Pl,mrn.ilg co~istructii~n ~~cripci, l.I1C ~t)(IIIC~flC. SI17II 1111IfiC.1l11 7 CL'G(1C(IL'lI ICASi' t1s1'4'Cf11CqI Il}~ ititilli111C~ (1~ E)IYISIUfI T'CC~l1'(iL'L'~ ~L'~SL' d~YL'CIT1L'111 ~111' ~II ~13.1'hlfl~; S~7~CCS 2(} pnrking spncrs willi huifdiu~, perrnit IOCdLCCI Wlflllll I i)0~} fccl of tl7c pcruncl~r of thc ~ipphcable pra~erty owners I I 3(i-I 1441-'ourlEi Strccl p~trccl for usc I~y dnva•ti for use by drrverc whn who purch~5c ~i pcrmil to p~trk in ciihcr lhc l'hud purchase a permrt ta parlc m Slrccl Slruclurc ur lhc c~islmg Pc~urlh Str~:cl Sirrl;i~~ ertl~er the'fh~rd Street lol {f'cnnil P~u-kcr51 ~lunng thc cui~slrucliun ~~cnud structure ur the Fuurth In ,idcht~un .i pl<u~ Sh<<!I bc im~?lcmcnlc<I by llic Street lut din•in~; thr a.r~ilic~~.nt wi1,f~ thr ~i5r•~til~~nce ul'tht C'rty lci pruvulc i~unKtructiun pcriod ~~ri,rkin~ lur pcrn~il p~i,rkerti in une ~ii' liiue ~ark~n~ IOf4 IIl tI1C II111C1CCI11fC Vll'Itlily 1i+I]ICII ~VO1JI~j f) ~.IEy 5f1AII 15SLLC tCfl1~101'A~y accommodatc ~iormittcc5 c~urin~; thc con5tructurn park~u~ pcrmit tn ~ualif'ymg I7 E'rior tn h( fncc h f'ily I'I~~nnin~ pcriod 11 total iif 85 pcrmit5 will f~c 35vued for utic H'ow•tl~ Strcet surfacc lot ~~tiij;tncc ~~f' I)iviti~un ~ind u~ nc;~rby lots ds li~~lor45 25 pcrmits in lhc I'~iird ~-ermittees butldu~g pcrnui I'arkui~, I)iviriun titrcct tilru~l~irc, ~(1 pcsirnts in Y~irkui~ 5lructi~rc~ I ~md 2 anel ?I? ~erm~t~ I~~c~tleiE w~thin IUUl1 leei ul lhe ~~erii~ieter~~l Ilie I 13(~-I 1~1 I'uurth Slreel ~~~re~l 1~a~,C 2 City of Santa MonECa t 136-1144 Faurth Street Senior Housing / Public PRrking Structure Mitigation Monitoring and Repor#ing Checklist 3 Publ~c l;ducal~on Pro~~r~m Pncrr to ihc closure of tl~e lot, /~ppl~cartt shall ~ntple,hn~7it. a Pnor ta Unee Pubhcity City Pl~uining Ehc; l~>~Icrwing nat~Eicahan/educ;aticm meatiures shall be puhlic notification / eciucat~on ulusurc oF thc should bc Div~sion and tfll:en to reduce the inconven~ence a~ic~ ~icg3tivc ~mpac~ of Ps~Rrarn carn}~stgn, mcSudu~ l~ourth Str~~t matnidincd fnr a ['uhlic thc cla~tiurc c~1'pubhc parkmg tac~l~tics m thc pra~cct. hu5ine~~ notiticatum, lut m~mmum of the inti~rmr~hcm vicinity producing arid dietributing [int six months of Ot~ice tlyers, maps and }~c~st~~ig thc construcrion ~ignage pcnad 1 Nvlrce shall be provulid lu lhe busr~ae.~ses urrd ' e~rtploy~rc whn ttse nr henefir fr•nm the Fi~ur•tla .Slrceet the noticc ~nd ~ ~O~Y ui certifir.;~tc of m~iling lo bc t'urk~rrrg l.ad prov~ded to tlic Cily Plr~nnin~ I)~vis~on 2 Nul~ficairv~7 shrrll yder~drfy rhe schcrfr~led dare.s for b Appl~cenl lo provide alosur<~, pj•ovtd~ ~r~ap.s nf alteyr~ative parkarrg nntitication and map~; fucrlil~cs, arid ar•~;e husnreseec/ernf~lnyefs to ra<~ttfY enlplvyees rrr+r,~ r.rrsdomers uf the plurrned c(usure und purkrn~ udlen:alrvc s prror 1n !he rcheduled clnsrere dute .3 Ur~-srle sr~~-rr~rg whrch nieelc !he crze, I~et~ht, c Appltcant #n providc on-silc 1e11errng, arrd lucadru~: ~•eyr.ir~•eme~tl~ ~~jthe '/.vning signing ~idnir~rrsrraror chal! he r~~ctall~d nntrfyrn~ eustnn~ens ol1h~~ scfRC~chr~ecl clak~s far clusru•e anr! l~shrrg alter•r~ailve ~~a~•k:ln~i fucrl~~ae,s Dr.rrrrrg 1he cnnslruclrnn pJracc, t~ie applrcajzt .sltalf /~Iace n,Cl~>/4 W7 1~]L' fJl'Of7Nl'1Y~ t() t~ll' SG/IJfClCjll)iT Of /I!C ~~fry, rdentifyrrl~ ava~lable puhhc pcr~•k~~r+K lc+cad-vns a1 ljae %'hrrd S~rccl l-'arkan,~~ s1n~clui e arrd ar Parkr~rg S1r7rcir~res Nu»~her 1 arrd 1 d Apphc:dnt shall provtde l t)0 4 Nlye~s n-• pnster.s .shall he made avarla6le tv tl~e ~~YUrti and one ~mtilcr each to Eal~ace.s o/'husrrrFSS 1i~a1 Genefrt fi•vnr lfae e~-~slrng placcti of hu5~nes5 which bcnclii trom the exisling f~'ourth .~tr~et parkrrig lnt, notrfyin,~ custvmers c,f 1he 1~ otuih Sireet prirking lot, as scheduled dates fi~r closure, and prnvadrrr~ maps nf ~a4mttficd b Crt stxll' 1'a.gc 3 City of S~tnt~ Moniea 1136-1144 Fourth Street Senior Housing / Pub[ic Parking Structure Mitigatian Monitoring and Reporting Checklist CUL?'URAL RESOURC;ES Construct~~n gradmg crews shall be Alerted to tlie potential Apphcanl shall mform Pnor ta ihc ()ncc at issu~vice of E'lamm~~ for burrccl archH~olug~oal and palcuntolc~gical rcyc~urccr II~ conslruchon ~radmg crowti of itisu~ncc of any bu~3dmg, 17~v~sion / rc5nurccs a-rc diticc~~ered dunng ihe c~cc~vations, wnrk ~n lhc the patential for bt~ncci demol~t~on, detnolitioit, or ~u~ia~~,~ ~,a iriunedit~te tu~e~ of tlie tind sti~ll he halted and ~ qualified xrchaeole>~~cel and gr~d~ng, or grading pennit, and Safety b~v~sic.m archaeologisi ur pal~~untalag~st canl~cted to cleternune thc Pdl~ontolo~ical rctia~urccs hucld~ng ongrnng as »ew tii~,milicance uf thc matcnalti und lu cte~vclcip a~~ropnalc P~~»~s wor&crv an~ivc at follow-up meASUreS thc ~oh site during ~;~le preparatton hase Pa~c 4 ATTACHMENT D CA:f:\atty\muni\laws\mhs\Aover City Council Meeting 4-29-97 Santa Monica, Caiifornia 4RDINANCE NUMBER (CCS} {City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ~ANTA MONICA MUNTCIPAL CODE SECTIONS 9.04.08.3$.050 AND 9.04.08.38.090 REGARDING CONDITIONALLY PERMITTED USES AND DES~GN STANDARDS APPLICABLE TO PARKING FACILITIES IN THE "A" OFF-STREET PARKING OVERLAY DISTRICT LJHEREAS, an application was filed to amend the Zoning Ordinance to conditionally permit municipal parking structures, either abave ar be~ow grade, and to allow access ta parking facil~ties within in a required side yard, under certain circumstances in ~he "A" Off-Street Parking Overlay District; and WHEREAS, the P~anning Conunission held a public hearing on the proposed amendment and made recommendations to the City Cauncil following the hearing; and WHEREAS, the City Council held a public hearing an the proposed amendment on April 29, 1997; and WHEREAS, the City Council finds and declares that the proposed amendment is consistent in principle with the goals, Ob]eC~1V~S~ policies, land uses, and programs specified in the adopted General Plan, in that the allowance af a below-grade parking structure and adequate access thereto is consistent with the purpose of the "A" Off-Stre~t Parking O~er~ay District which 1 is to provide adequa~e parking facilities to support importan~ comm~rcial corridors and neighbarhoad commercial areas of the City, while at the same time ensuring that each parking facility wilZ not adversely atfect the enviranment or nearby residents, or diminish the integrity of the resid~ntial district in which it is located ; and WHEREAS, the public health, safety, and general welfare require the adap~ion at the proposed amendment, in that in order that the public health, safety, and general welfare will be adequa~ely protected any above-grade parking structure which meets the requzred criteria will require approval of a Conditional Use Permit ensuring that any parking structure will not impair the integrity and character of the district ~n which it is Iocated; that the subject parcel is physically suitable f~r ~he proposed use; that the proposed use is compatible with existing and p~oposed lands uses on th~ site, within ~he dis~rict and within the general area; that there are adequate u~ilities, services and access; that the proposed use is consistent with the goals, objectives and policies of the G~n~ral Plan; and ~ha~ ~he proposed use will not result in an overcancentratian of such uses in the immediate area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS• SECTION 1 Section 9.04.08.38.050 of ~he Santa Manica Municipal Code is amended to read as follows: 2 9.04.08.38.Q50 Canditionally permitted uses. The following uses may be permitted in th~ A Over~ay District sub~ect to the appraval of a Conditional Use Permit: (a} All uses listed as Conditionally Permitted Uses in the residential district in which the parcel is located. (by Parking structures below the graund l~vel if all of the following conditions are met: (1) The "A" parcel was in park~ng use on the effective date of this Chapter. (2} The facility is for the temporary parking of transient motor vehicles and trucks. (3) The parking s~ructure is accessory to a permitted commercial use. (4) The surface level of the "A" parcel is developed and maintained as landscaped open space f~r the li~e of the commercial project. (5} The entrance to the subterranean structure is located an the commercial~y zoned parcel. r~ ~~~=--~.~_ ~,~Y:__: ~ ~~~w~ ~~_ ~_, ~i-..~Y _._._ .~ ~_ .1~ ~r ~~_" _ . =!'._:~c:, ; t ~:: of ~.t~e Fo? ~owinr~ cenditi ~ns are met: ~ i. •ti -~, r~ lc t i~r~ ~,i i iic:t u r r~ e'e~~a !~~~,•~.~~ ,i rnu-i ~ ~: i ~r i 1 ~: i I s~E r,..: J~ lny ic~. ~.'; '~'!~e ~r,~~'e::~i . ,:'e i:; .~ rri,iir~lr '~l ~~~~,'~[~,~ ::~iJ,~~r !~•~ !. ~ 3) The p~rce ~' s locG t.Fa i n tY:E !~orth ci fr; l ~~.t~ i rc. _ __ _.- _ ..:r ~ *- : .... . 3 SECTION 2. Santa Monica Municipal Cade Sectian 9.04.08.38.090 is amended to read as follows: 9.04.08.38.090 Special design standards for all parking facilities. (a} Walls. Walls shall conform to the provisions of Section 9.04.10.D2.080. (b) Use af Required Yards. There shall be no access to parking permitted within the required side yard- , : ~~-~ ~- ~=~~~= .. -_ ~~ = _ ~ _..=~i : _,~?=r_ ~ r~~ _~E : ~_~~ .ar : } :~-. ~:.± }s : .~;,- ~r, _ .1.3~~~ _ =-~-- . rc i~c• I ~•..r c•c ~f (c) Landscaping. At least fifty percent of ~he required front yard area shall be landscaped pursuant to the provisions of Part 9.Q4.10.Q4. (d} Vehicle Access. Vehicle access to and from all parking structures shall be located a minimum of twenty feet or a greater distance i~ practical from any residentially zoned parcel. (e~ Lighting. Lighting shall be prQVided pursuant ta the provisions of Section 9.04.10.02.270. SECTION 3. Any provision of the Santa Monica Mun~cipal Code or appendices thereta, incansistent with the provisions of this Ordinance, ta the extent of such inconsistencies and na further, are hereby repeaied or modified to that extent necessary to effect the provisions of this Ordinance. 4 SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdictian, such d~cision shall not affect the validity of the remaining partions of th~s Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every sectian, subsection, ser~tence, clause, or phrase nat declared invalid or unconstitutional without regard to whether any portian of the ordinance would be subsequently declared invalid ar uncanstitutianal. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this ordinance, or a summary thereaf to be published once in the affacia~ newspap~r within 15 days after its adaption. This Ordinance shall be effective 30 days from its adoption. APPROVED A5 TO FORM: ,-~'f I~- ,~1 ~~, ' ~.C~.S ~~~.C~~ i` f~-G'~,t `t~~~ MARSHA JON~~ MOUTRIE City Attorney 5 ATTACHMENT E NOTICE OF DEVELOPMENT PROPOSAL AN~ NOT{CE O~ PROPOSE~ AME~lDMENTS TD THE CDIVIPREHENSIVE LAND USE AND ZONING ORDINANCE To: Concerned Persons From: The City o# Santa ~llonica Subject of Hearing: A Public Hearing will be held by the City Council on the fioliowmg reques#s Two Appeafs (Appeal 97-OQ2 and Appeal 97-003) of Planning Comm~ssian Ap~ro~al of a Mitigated Negative Declaratian incfuding a Substitute M~tigation Measure, Planning Comm~ssion Approval of Variance 95-015 to Allaw Setback Encroachmenfs and Parcel Co~erage m Excess af 50%, Pianning Commissipn Approval of Conditional Use Permit 97-002 to Aflow a Park~ng Structure in the "A" Off-Street Parking O~~rlay Distr~ct, and Planning Commfssion Approval of Qe~e~opment Review 9~-002 tv Allow a D~velopmen# Over 22,5d~ Square Feet ~n #he NWR3A District at 1736-1744 Fourth Street. Appficant Menorah Housmg Foundation of the Jewish Federation Council and City of Santa Monica Appellants Richard Carusa, Rosario Perry for Charmont Partners, Ltc~ AND NOTICE IS HEREBY GIVEN that ~n canformance with Chapter '!, Article IX, of the Santa Monica Mun~cipal Code, a PUBLIC HEARfNG will be held by the City Council for the purpose of hearing e~fdence for or against the adoptian of praposed text amendments #o t~e Camprehensi~e Land Use Ordinance of the City of Santa Monrca {#he Zon~ng Ordinance} as #allows Intraduce for First Reading an Ord~nance Amending Part 9 04 10 O8 of Art~cle IX of the Santa Monica Muniapal Gode regarding Cond~t~onally Permitted Uses and use of Required 5ide Yards in the "A" 4ff-Street Parking Overlay District The pro~ect cons~sts of construction of a 66-unit, 46,857 square foot rental housing pro~ect for iow ~ncome sen~ors The praJect w~3i pro~ide 3Q ~arking spaces for the sernor un~ts plus replacement of t~e 1 B5 public parking spaces currently on the site The proposed prolect will be three stories and 4~ feet h~gh The pro~ect will require a Text Amendment to the MunEC~pal Code to amenci the "A" Off- Street Parking Q~erlay Dis#nct develapmEnt standards to allaw access to the proposed pafk~ng whic~+ is loca#ed w~thEn a~equ~red s~cle ~ard ad~acer~t ta a commeraally-zoned parcel and to allow an abo~e-grade parking structure with approval a~ a condEtionaf use permE~ In adaition, a variance is being requesfed to permit structural encroachments into the sicEe yard set~ack, and to permit parcel co~erage m excess of 5Q°!o (56 1°10 - 1 - praposed) The Municrpa~ Code allows pra~ects which conform to Sta~e density bonus guidelines to request a ~anance to al[ow an encroachment of no more than fifteen percent of one side yard setback and fifteen percent of e~ther the front or rear yard setback as well as to allow an increase fn parcel caverage by no more than ~en percent of the parcel area The proposed pro~ect consists of 'f ~0% afFordabfe housing which conforms ta State density bonus gujde~ines The Initial StudylM~tigated Negati~e Declaration examines impacts of the praposed project on fhe City's env~ranment T~e foflowing impacts wili be pofentially significant unless mitigated 1 Production of new light or gEare from overhead flood lamps, headlights or other sources 2 Temporary effects on ex~st~ng park~ng fac~lit~es, or demand far new park~ng 3 Adverse physical or aesthet~c effects to a preh~storic or h~storic building, structure, or ob~ect No significant impacts w~lf be anticipated with the implementation of the mitigation measures proposed in the Mitigated Negative DecEaration and with the propased substitute mitigation measure The subst~tute mitigation m~asure addresses the requirement that prior to ~ssuance of building permifs, the applicant shall abta~n a lease agreement for 2D parking spaces located within 9000 square feet of the pro~ect site for use dunng the constructian period, the previous m~tigation measure located the 20 leased parking spaces at 646 Wilshire BouEevard, which is no longer a feasible location TIME: TUES~AY, APRIL 29, 1997 AT 6:30 P.M. LOCATION COUNCIL CHAMBER, ROQM 213, CITY HALL 1685 MAIN STREET, SANTA MONICA HOW TO COMMENT The City of Santa Monica encaurages public commen# an this and other pro~ects You or your representat~ve, or any other persons may comment at the C~ty Council's public hear~ng, or by writ~ng a I~tter Letters should be addressed to City Council, City Clerk's Office 1fi85 MaEn Street, Room '~02 Santa Monica, Califomia 90401 MORE INFORMATION ~f desired, further information on any application may be obtained from the Planning and Zoning Di~ision at the address abo~e or by calling [314} 458-8341. The meeting fac~lity is access~ble If you need any disab~Eity-related accommodations, p~ease confact sfaff at (3~ 4}4~8-8701 - 2 - Pursuant to Cal~fart~ia Go~ernment Code Section fi5009(b), ff this matter is subsequently challenged rn Court, the challenge may be limi#ed to only those issues raised at the Public Hearing described in this notice, or ~n wntten correspandence delivered to the City af Santa Monica at, or prror to, tt~e Publfc Hearmg Esto es un avtiso sobre una audencia pubiica para ~ev~sar appfticac~ones pro~oniendo desarrollv en Santa Mor~ica Esto puedo ser de interes a usted Si deseas mas informacion, fa~or de Ilamar a Linnea Hernandez en la Di~ision de Plantificac~on al numera (3'!0) 45$-8341 f 1planlsharelcouncrllnotrcesldr9~00~ APPROVED AS TO F~RM ~ KAREN GfNS ERG Planning Man ger - ~ - J ATTACHMENT F