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
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• 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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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J
ATTACHMENT F