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SR-906-000 (21)~_ . . ~ ~;tyof City Council Report Santa Monica~ City Council Meeting: May 25, 2006 Agenda Item: ~_ To: Mayor and City Council From: Andy Agle, Planning ,& Community Development Subject: Appeals 06APP-031 and 06APP-033 of the Landmarks Commission's approval of Certificate of Appropriateness 06-002 and Modification of Pedestrian-Oriented Design Requirements for the rehabilitation and adaptive reuse of the property at 415 Pacific Coast Highway as a public, beach-oriented recreation facility. RECOMMENDED ACTION 1. Deny appeals 06APP-031 and 06APP-033 and approve Certificate of Appropriateness 06CA-002 and the modification to pedestrian-oriented design requirements specified in SMMC 9.04.10.02.440, with conditions. EXECUTIVE SUMMARY The applicant, the City's Community and Cultural Services Department, requests approval of a Certificate of Appropriateness to allow for the rehabilitation and adaptive reuse of the former Marion Davies Estate located at 415 Pacific Coast Highway (415 PCH) as a public, beach-oriented recreation facility with space for limited cultural and social event programming. The applicant also requests an exception from pedestrian- oriented design requirements applicable to the building fa~ade at the street frontage specified in SMMC 9.04.10.02.440. 1 An appeal of the Landmarks Commission's April 10, 2006 decision was filed by two parties on April 18, 2006: the Palisades Beach Road Property Owners' Association and Mr. Jonathan Ornstein. In their appeal statements (Attachment A), both parties contend that the Landmarks Commission erred in its decision to approve the requested Certificate of Appropriateness based on the following claims: 1) The Final Environmental Impact Report is inadequate with respect to its treatment of issue areas outlined in the appeal statements which include the following: traffic, circulation and parking; noise; land use; historic resources; aesthetics; construction effects; cumulative impacts; hazards and hazardous materials; neighborhood effects; hydrology and water quality; and air quality. With respect to historic resources, the appellants contend that the Final EIR failed to address historic resource impacts associated with the demolition of the existing Locker Building. 2) The Landmarks Commission's action was premature given that an appeal of the Planning Commission's April 5, 2006 approval of primary entitlements and certification of the Final EIR was filed prior to the April 10, 2006 Landmarks Commission hearing of the subject Certificate of Appropriateness application. 3) The Landmarks Commission's action on the Certificate of Appropriateness application was invalid since the Commission did not comply with CEQA requirements for a responsible agency pursuant to CEQA Guidelines Section 15096 (a) and (e). 2 4) The Landmarks Commission failed to make all of the required findings for issuance of a Certificate of Appropriateness specifically related to the removal of the existing Locker Building. 5) A conflict of interest prevented one Landmarks Commissioner from making an unbiased decision on the Certificate of Appropriateness application for the 415 PCH Project. The City Council is required to conduct a de novo public hearing to review the proposed rehabilitation design for compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties and review the proposed project in light of the two appeals that have been filed. Each of the topics raised in the appeal statements are analyzed in the context of the discussion of the project contained in this report. Based on this analysis, denial of the appeals and approval of the Certificate of Appropriateness and modification to pedestrian-oriented design requirements is recommended. Prior to acting on these appeals, the Council will first consider appeals of the Planning Commission's certification of the Final EIR for the project, adoption of a Statement of Overriding Considerations and Mitigation Monitoring Program for the project, and approval of Development Review Permit 06-002, Reduced Parking Permit 06-002, Fence/Wall Height Modification 06-001. The Council's action on the Final EIR will also serve to inform the Council regarding the CEQA analysis for the Certificate of 3 Appropriateness application. Analysis of the Planning Commission appeals is set forth in a separate City Council report (06APP-030 and 06APP-032). BACKGROUND Commission Action On April 10, 2006, the Landmarks Commission held a public hearing to consider the requested Certificate of Appropriateness and modification to pedestrian-oriented design requirements contained in SMMC 9.04.10.02.440. Following a presentation by staff and the applicant, and public testimony, the Commission approved the Certificate of Appropriateness and modification to pedestrian-oriented design requirements. A copy of the adopted April 10, 2006 meeting minutes and staff proposed findings and conditions are contained in Attachment E. In their action, the Commission found that the final rehabilitation design was prepared in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. More specifically, in their review of the project, the Commission found that the project, as modified by project conditions and in accordance with adopted project mitigation measures, maintains and interprets key historic spatial relationships that characterized the original Marion Davies Estate; preserves a maximum amount of historic building material and will not detrimentally change, destroy or adversely affect character-defining features of the Landmark North House and historic swimming pool. The Commission also found that the proposed new construction on site is designed to be reversible and to cause minimal impact on the historic fabric of the site, and that the 4 new construction on site expresses a modern design and form that is compatible with, yet differentiated from, the extant historic North House and swimming pool. With respect to the requested modification to pedestrian-oriented design requirements, the Commission found that the portion of the project site fronting Pacific Coast Highway functions primarily as the rear yard and the building fa~ades along Pacific Coast Highway are secondary elevations, and that the requested modification would not adversely affect surrounding properties or be detrimental to the district's pedestrian- oriented environment because, both historically and today, pedestrian-oriented activities in this area have primarily occurred on the west side of properties adjacent to the ocean, beach and bike path, and not along PCH which is a highly traveled state highway. In their action, the Commission also relied on the Final EIR certified by the Planning Commission on April 5, 2006, after the Landmarks Commission determined that no additional environmental review was required pursuant to CEQA Guidelines. DISCUSSION Site Location and Description The subject property located at 415 Palisades Beach Road (415 PCH) is a designated City Landmark property located on Santa Monica State Beach. The subject property is a 213,879 square foot parcel located on the west side of Palisades Beach Road and is 5 located approximately 700 feet south of the northern city limits and approximately '/z mile north of California lncline. Surrounding uses consist of private residential uses to the north and south, the Pacific Coast Highway and the Palisades Bluffs to the east, and public beach and the Pacific Ocean to the west. The subject property was originally developed by William Randolph Hearst for actress Marion Davies in the 1920s with several structures designed by renowned California architect, Julia Morgan. At the time, this stretch of beachfront property was known as the "Gold Coast" because of the numerous opulent residences found there and the lavish lifestyle of their owners and their friends. The original estate featured a 100-room, Georgian Revival style mansion constructed in 1928, a large Guest House (North House) constructed in 1929, a swimming pool, and tennis courts. After World War II, the property was sold and the new owner, Joseph Drown, added several buildings to the site and demolished the Mansion. In 1959, the site was purchased by the State of California. The State leased the site to the City of Santa Monica who, in turn, leased it to the Sand & Sea Club for use as private beach club from 1960 to 1990. The City operated a seasonal, day-use beach facility at the site after the expiration of the Sand & Sea Club lease. The site was damaged in the Northridge Earthquake in 1994, requiring closure of all structures on the site. Existing on-site improvements include two elements from the former 1920s Marion Davies Estate that are identified with the site's period of significance: the North House 6 and the swimming pool. Remnants of the original bulkhead on the west side of the site also remain on site. Other existing on-site improvements that were constructed for subsequent private hotel and club uses include the following: the 16,950 square foot Locker Building, recreation courts, and two surface parking lots. The Locker Building was constructed in 1948, several years after Marion Davies sold the Estate. In 2002, the California State Department of Parks and Recreation found that the Locker Building was not eligible for the National, California or local registers due to lack of significance and integrity. The Locker Building and existing recreation courts are proposed for demolition in conjunction with the proposed project. Removal of these features from the site will serve to further clarify the site's period of significance and facilitate the rehabilitation of the site for public use. The 415 PCH site continues to be owned by the State of Ca~ifornia and, pursuant to a recently executed long-term operating agreement with the State, the City of Santa Monica is responsible for all site improvements, maintenance and operations. The proposed project has been guided by the goals for public use articulated in the 415 PCH Reuse Plan that was adopted by the City Council in 1999. The Marion Davies Estate has been formally determined eligible for listing in the National Register of Historic Places. On July 15, 1980, the Landmarks Commission designated Rose's House (North Guest House) as a City Landmark and the site as a Landmark Parcel. The Commission's Findings and Determination also described the following items of special interest: the mosaic tiled swimming pool and decking, 7 decorative front fencing, foundation of the main house, and sea water bulkhead. These items of special interest were not part of the Landmark designation, but simply noted as features of interest. The other remaining improvements on site constructed for subsequent private hotel and beach club use, such as the existing Locker Building and recreation courts, were evaluated but not included in the formal designation of the site or as items of special interest. Based on research of the site, the Period of Historic Significance has been established as the years from 1928, when the property was first purchased in Marion Davies' name, and when construction of the mansion and other site features began, to 1945 when Marion Davies sold the site. In 1983, the Marion Davies Estate was identified as being a contributor to a potential "Gold Coast" Historic District on Palisades Beach Road (Pacific Coast Highway). The original Department of Parks & Recreation form identified the period of significance for the potential district as 1922-1941 and assigned it a status code of "4D" meaning that the district appeared to be National Register eligible but more research would be required. In 1995, the Marion Davies Estate was re-surveyed after the Northridge earthquake and determined to still be eligible as a contributor to a potential Gold Coast Historic District. At that time, the potential district was reassessed and assigned a status code of "2D2" meaning that the district was "determined eligible for separate listing by a consensus determination" resulting from a regulatory review process. 8 Proiect Description The project proposes the rehabilitation and adaptive reuse of the former 1920s Marion Davies Estate as a beach-oriented, public recreational and meeting facility with space for limited cultural and social event programming. The project includes the following elements~ : 1. Rehabilitation and adaptive reuse of the historic, two-story 9,127 square foot North House. The facility would include meeting spaces, an interpretive center, kitchen, staff offices, and associated support spaces. 2. Restoration and Rehabilitation of the existing historic swimming pool and deck area. 3. Development of outdoor recreation and leisure areas including two garden courts, paddle and beach volleyball courts, a family picnic and child's play area, and two beach boardwalks 4. Construction of a two-story, approximately 7,000 square foot Pool House with locker and changing rooms, a multi-purpose room, staff offices, and associated storage and equipment rooms. 5. Construction of a one-story, approximately 700 square foot Entry Pavilion with lifeguard and staff offices, and associated support spaces. 6. Construction of a one-story, approximately 6,155 square foot Event House. The facility will include two meeting rooms, one multi-purpose room, a food staging area (with counter space, sink, electrical outlets and refrigeration), and associated support spaces. The facility is designed to accommodate recreational, interpretative 1. The proposed project also includes removal of the existing restroom building and construction of a one-story, 1,000 square foot Beach Concessions Building and construction of a one-story, approximately 550 square foot Restroom Building. Both of these buildings will be located on public beach land that does not have a Zoning District designation, and therefore are not subject to Zoning Ordinance requirements. 9 and cultural programs and classes; meetings and retreats; and small social gatherings and functions. 7. Resurface and landscape the existing Beach Parking Lot 10 (South Parking Lot) and resulting in a total of 279 parking on site. 8. Demolition of the following existing on-site improvements that were constructed for subsequent private hotel and club uses and therefore do not contribute to the site's period of significance: the 16,950 square foot locker building constructed in 1948, and the existing recreation courts located just north of Beach Lot 10. ANALYSIS Proiect Desiqn The design of the 415 PCH project and the parameters for site operations have been guided by the goals of the 1999 Reuse Plan and by comments gathered from a variety of sources including adjacent neighbors, the community at large, public agencies such as the State Office of Historic Preservation, California State Parks, and the California Coastal Commission, as well as the Annenberg Foundation. The 1999 Reuse Plan is a conceptual scheme that was approved by the City Council to guide future planning and development of the site. The 1999 Reuse Plan envisions a public place that would: • Preserve the history of the site; • Encourage a"light touch" on the site; • Create a community-oriented destination; • Provide public recreation activities; • Increase public access to the beach; 10 • Create a range of uses; • Encourage diverse users; • Provide year-round use; and • Link to the regional open space network. The resulting 415 PCH site plan has been designed to create a beach-oriented, public gathering place that also responds to the cultural history of the site. The proposed project includes a series of inter-related indoor/outdoor spaces that have been principally designed to establish year-round, public beach recreational use and also to provide for limited event and cultural programming. The proposed design for the site has been developed in a manner that incorporates and reflects the property's important surviving historic elements from its Period of Historic Significance. As discussed in greater detail below, the project proposes rehabilitation of these features of the original Marion Davies Estate as well as new construction. Rehabilitation will be guided by the Secretary of the Interior's Standards for the Treatment of Historic Properties. In addition, pursuant to project Mitigation Measure HR-1(b), the applicant will be required to prepare and implement a Mitigation Plan for Preservation of Historic Materials During Construction to protect historic materials during construction of the proposed project. This plan will be subject to review and approval by the Planning & Community Development Department prior to issuance of a building permit. 11 The Secretarv of the Interior's Standards As with all requests for alterations to designated City Landmarks, proposed work must be undertaken in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Properties. The proposed work includes rehabilitation as the primary treatment associated with the proposed project. The Secretary of the Interior's Standards define rehabilitation as, "The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values". The Secretary of the Interior's Standards for Rehabilitation state the following: Standard 1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships. Standard 2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property wi-I be avoided. Standard 3. Each property will be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken. Standard 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. Standard 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. Standard 6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. Standard 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. Standard 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. 12 Standard 9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. Standard 10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Treatment of Existinq Features TREATMENT OF HISTORIC NORTH HOUSE The historic, two-story plus basement, 9,127 square foot North House is an extant feature of the original Marion Davies Estate. The Georgian Revival style North House was designed by renowned architect Julia Morgan. This structure will be rehabilitated in accordance with the Secretary of the Interior's Standards for use as a community meeting facility and interpretive center. In accordance with project Mitigation Measures AES-2(b), HR-1(a) and HR-1(b), the project plans identify specific design details that demonstrate that all interior and exterior character-defining features, materials, spatial relationships, and finishes identified in the historic structures report prepared for the property will be retained and restored, unless damaged and then will be replaced in-kind as necessary. Alterations required for the reuse of the North House have been proposed in a manner that does not obscure or detrimentally alter character-defining features of the structure. The ground floor of the North House will contain two meeting rooms, an interpretive center for visitors providing information and exhibits about the historic characteristics of the site, a restored porch, restored kitchen, and staff offices. The second floor will 13 contain four meeting rooms, a restored veranda with an ocean view on the west side of the building, and associated support spaces. As indicated on the rehabilitation plans for the site, the applicant proposes to protect, repair, or replace in-kind if other treatments are not feasible, all original, character- defining features of the property. Exterior features called out on the project plans include but are not limited to the double-hung wood sash windows; clapboard siding; portico and columns; molded cornice along the roofline; dormers; decorative recessed wood paneling under first-story windows; and exterior doors and surrounds. Interior features include a large fireplace and marble mantel; extensive wood paneling, decorative wainscot and built-in cabinets on the first floor; decorative, custom-made ceramic tile in restrooms on the second floor; and other similar features. In accordance with the Secretary of the Interior's Standards, the applicant proposes to replace in-kind architectural features that are missing or cannot be preserved due to deteriorated condition by utilizing existing pictorial or physical evidence to the extent possible, such as missing window shutters and pickets on the exterior elevations. As we11, in accordance with project Mitigation Measures AES-2(b) and HR-1(a), the project plans identify specific design details that demonstrate that proposed is the restoration of the two-story porch/veranda on the west elevation by removing a non-original enclosure, and the restoration of the exterior portico pediment windows by removing the paint on the original glazing. 14 In accordance with project Mitigation Measures AES-2(b) and HR-1(a) which specifies Landmarks Commission review of aiterations related to ADA accessibility proposed for the North House, the project plans specify such changes. Limited modification to the configuration of a pantry and restroom area on the first floor and limited removal of a portion of interior wall will be necessary on the second floor in order to provide an elevator to meet ADA accessibility requirements. In order to provide a flexible meeting space on the west end of the second floor, one existing partition wall will be replaced with a moveable wall between two meeting rooms. These proposed interior modifications will not affect character-defining features of the North House identified in the Historic Structure Report. The proposed treatment of the North House will include use of a color palette that is compatible with its Georgian Revival architectural style. The clapboard siding will be painted in an oyster white shade; roofing material will be selected in a charcoal gray palette, and window shutters will be painted black. The existing portico paving and adjacent path around the North House will replaced in-kind with red brick. In addition, the existing original fence and entry gate near the east end of the North House will be fully retained and rehabilitated. A small, terraced North House Garden is proposed immediately west of the North House. This garden will have a strong connection to the period in which the North House was originally constructed. The location of this garden reflects the original site design that incorporated a small pool in this area adjacent to the North House. 15 According to the applicant, based on preliminary assessment of this area, all that appears to remain is a rounded, teal-colored coping and drain that does not appear to be fully intact. Additionally, it appears there were no decorative tiles associated with this pool and that the bottom of the pool was broken-up and removed prior to this area being filled-in. In accordance with the Secretary of the Interior's Standards and with Mitigation Measures HHM-3, HR-1(a) & HR-1(b), the applicant will work with the project historic consultant and project materials conservator to evaluate the complete extent and condition of this North House pool element. The remaining elements will be incorporated into the new garden design, or protected and preserved in place according to the guidance and recommendations of the project materials conservator. In such an event, the North House Garden design will include accent paving as an interpretive representation of this original element. More information regarding the proposed treatment plan for the North House is presented on Sheets A2.0, A2.1 and A2.3 of the architectural plans. TREATMENT OF HISTORIC SWIMMING POOL AND DECK The historic Julia Morgan designed swimming pool and pool deck is also a remaining feature of the original Marion Davies Estate. This historic swimming pool and surrounding, marble coping and marble inlay paving will be rehabilitated in accordance with the Secretary of the Interior's Standards, thus allowing the historic integrity of these 16 elements to be protected while enabling them to safely serve as a public recreation amenity. In addition, in accordance with project Mitigation Measure HR-1(a), a Materials Conservation Consultant will direct the rehabilitation of the historic Julia Morgan pool and pool deck. The proposed scope of work will include protection and repair of the existing decorative pool tiles, marble coping, and paving. Photographs of several pool tiles are contained in Attachment C. In-kind replacement will be necessary of any existing tiles or paving that are damaged beyond repair. A small section of the original paving located beyond the pool deck area will also be salvaged and used to replace any severely damaged or missing pieces of the diamond-shaped, green marble inlay border. Approximately 1,500 square feet of deck area surround the historic pool and paving will be expanded for chairs and chaise lounges. The color and material of the expanded pool deck will be distinct from, yet fully-compatible with the original historic material. This expanded deck around the pool will be composed of an acid wash limestone concrete with saw cut score joints to create a pattern that is differentiated from the paving of the historic deck. The pool area will be surrounded by an eight foot tall ornamental metal fence and gates complying with Los Angeles County Health Department pool safety requirements. The design of the proposed pool fence is a simple design composed of 4" x 4" square tube posts, 2" x'/2" vertical flat bar pickets spaced 4" off center, and two horizontal 1" x'/z" 17 flat bar railings. The proposed pool fence will be painted in a shade of dark green to complement the evergreen hedge that will be planted along the western edge of the pool area. The proposed design is compatible with the architectural style of the proposed Pool House and will not obscure or negatively alter the character-defining features of the remaining historic elements on the site. The pool will be heated with solar collection systems and pool equipment will be located in the Pool House. More information regarding the proposed treatment plan for the historic swimming pool is presented on Sheet A2.2 of the architectural plans. Site Design Compatibilitv POOL HOUSE 8c INTERPRETIVE ELEMENT FOR ORIGINAL MANSION During Marion Davies' time, the juxtaposition of the monumental estate mansion and Julia Morgan designed pool was significant, as was the transition from the pool to the balcony level of the mansion. Although this mansion no longer exists, the new project design proposes a sandblasted concrete band in the paving that outlines the original mansion footprint on the site. This interpretive element would allow visitors to perceive the original location, presence and magnitude of the mansion, which was, at the time, one of the largest structures to be found on the California coastline. New construction of an approximately 7,000 square foot Pool House is proposed immediately east of the existing historic pool in order to mark the location of the ocean- facing fa~ade of the original Marion Davies Estate mansion. The proposed Pool House 18 design incorporates amenities such as locker and changing rooms and a community room and will serve as a replacement for the existing locker building on site that is proposed for demolition. In accordance with project Mitigation Measures AES-2(b), HR-1(a), the project plans demonstrate that the design for the new Pool House is differentiated from and compatible with the existing historic features of the site. The new two-story Pool House has been designed to reflect both the physical and formal stature of the mansion and to reflect the specific spatial relationship between the original mansion and the Julia Morgan-designed pool. At the same time, the proposed Pool House has been designed to highlight, rather than visually compete with the existing historic swimming pool. The design incorporates vertical, pre-cast concrete columns on the west elevation of the Pool House that have been designed to recall the original mansion's height and formality. These columns intend to express an abstract representation of the monumental, double-height columns of the original mansion, and will be designed to reflect the size, spacing and orientation of the original columns, without reproducing the original column design. The Pool House design incorporates a new colonnade that shades a portion of the deck area. This element is intended to recall the spatial quality and architectural scale of the original multi-story porch that was found on the mansion. The Pool House design also interprets an important stair transition between the historic pool and original estate mansion. Two stairwells are proposed from pool to balcony that provide an experience that will lead visitors from the original pool deck level to a viewing 19 deck on the roof of the Pool House that is set at approximately the same height and orientation as the private balconies from the original mansion. This element will enable site visitors to view the pool in much the same way as guests of the original Marion Davies estate did historically. In accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties and Mitigation Measure HR-1(a), construction of the proposed Pool House will not destroy historic materials, features or spatial relationships that characterize the property. The modern design of the Pool House is differentiated from the existing historic fabric, and is also compatible with the historic materials, scale and proportion of the historic pool site. Furthermore, the proposed Pool House reflects the important historic spatial relationship between the original estate mansion and swimming pool that was a key, character-defining feature of the Marion Davies Estate. The Pool House has also been designed in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment will be unimpaired. EVENT HOUSE & GARDEN TERRACE New construction of a one-story, approximately 6,155 square foot Event House is proposed on the east side of the site, south of the North House. The siting of the Event House allows for views of the beach by creating open space areas on the west side of the site adjacent to the beach. The scale and massing of the Event House has been designed to create a lower profile element to serve as a transition between the new, two-story Pool House to the south and the historic North House. The scale and location 20 of the Event House has also been designed to allow the Landmark North House to be highlighted as a significant element on site. Furthermore, like the Pool House, the Event House has been designed in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment will be unimpaired. Therefore, the proposed Event House has been designed in accordance with project Mitigation Measures AES-2(b), HR-1(a), which specifies that new facilities be differentiated from and compatible with the existing historic features of the site, and that new facilities not detract from or overwhelm the original historic features of the site. A Garden Terrace, located between the Event House and the North House, has also been proposed. New planting will provide shade and frame views of the North House and beach. In accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties and Mitigation Measure HR-1(a), the siting of the Garden Terrace has been designed to recall and maintain a key spatial relationship that characterized the Marion Davies Estate where tennis courts were originally located between the North House and the estate mansion. The Garden Terrace will contain both landscape and hardscape features. A solid masonry or cast-in-place concrete wall at the east side of the Garden Terrace will act as a sound buffer to Pacific Coast Highway. This wall will also include a re-circulating water element. The garden will include low plantings, paving and seating elements for small outdoor gatherings. All planting for the Garden Terrace will be water conserving species that will be compatible with the site's Period of Historic Significance. 21 Landscaping materials will be complemented by acid-wash limestone color concrete paving and red brick accent paving. The proposed garden materials will provide a transition between the modern materials of the Event House and the more traditional materials of the North House without obscuring or overwhelming the remaining historic elements on site. ENTRY PAVILION & RESTROOM BUILDING New construction of a one-story, approximately 700 square foot Entry Pavilion is proposed between the Pool House and existing South Parking Lot. The Entry Pavilion has been designed to house lifeguard and staff offices, a concessions window, and storage spaces. New construction of a one-story, approximately 550 square foot Restroom Building is also proposed in a controlled area immediately adjacent to the Entry Pavilion. The building will include men's and women's restrooms, family changing rooms, and an outdoor shower/rinse area. While these structures will serve a more utilitarian function at the proposed facility, they are designed to be fully-integrated with the overall architectural character of the site. These low-scale buildings exhibit a broad horizontality that does not overwhelm or obscure the historic North House or swimming pool. PROPOSED MATERIALS ~ COLORS Each of the proposed new structures on site (Pool House, Event House, Entry Pavilion & Restroom Building) have been designed to express a consistent, well-defined architectural language. Each building expresses a modern design and form that is 22 compatible with, yet differentiated from, the extant historic North House and swimming pool. The palette of materials for the new construction has been chosen to reinforce the modern architectural style of each building, to reference the historic context of the site, as well as address the functional requirements of a public recreation facility on the beach. DESIGN PROPOSED EXTERIOR MATERIALS AND FINISHES FOR NEW ELEMENTS CONSTRUCTION Fa~ade Poured in place colored concrete; concrete block: buff sand and white palette Window Elongated wood frame fixed glass windows: olive-bronze frame color Systems Dual clad windows (aluminum exterior and wood clad interior):olive-bronze frame color Translucent lass: translucent a ua alette Doors Single-light doors: olive-bronze frame color Wood doors: Jarrah aged teak wood Trellis, Trellis: Steel frame with Jarrah aged teak wood Screens, Trellis: Jarrah aged teak wood Rails, Railings: Metal rail accent panels Fences Railings: Shell edge accent rails Metal pool fencing: dark green finish 42" metal guardrails: dark green finish capped with wood rail 7'-4" perimeter fence: concrete masonry, buff/oyster finish 7'-4" perimeter fence at parking lots: wire mesh, dark green finish Other Locker room wall: mosaic tile accents Accent anels: Jarrah a ed teak wood Beachwalks & Cast-in-place concrete with integral color: adobe/sienna palette Paving Cast-in-place concrete with wood finish: adobe/sienna palette Recycled plastic lumber: silver teak Red brick accent paving (North House and Garden Terrace) Concrete with heav sand blast pavin (Estate Mansion Interpretive Element) The use of concrete, concrete block, wood panels and tile has been incorporated in order to evoke a sense of permanence and quality associated with other important community structures. Concrete facades and other concrete paving surfaces will be designed with a variety of textures and colors. Window and door systems clad in wood on the interior and painted aluminum on the exterior, and trellis screens have been incorporated to add details reminiscent of the construction and scale of the North House 23 and original mansion, while providing for durability. Wood panels and shell edge accents have been incorporated to reference the surrounding site environment. The proposed color palette for the new construction is derived from the remaining historic fabric on site. For example, the original decorative tiles from the Julia Morgan designed pool is the reference for colors that will be found throughout the site (e.g., olive-bronze, translucent aqua). Attachment C contains photos of these historic pool tiles. The color palefite for new construction is also derived from the surrounding site environment. For example, the beach sand has guided the selection of the color for the exterior fa~ades. The final selection of colors and materials for new construction will be based on these compatible palettes. It is recommended that final selection of all colors and materials be submitted for review and approval by the Landmarks Commission in the form of a Certificate of Appropriateness application prior to issuance of a building permit for the project (Condition #2). OTHER OUTDOOR SPACES & FEATURES In addition to the North House Garden and Garden Terrace, the proposed site design incorporates a variety of other outdoor spaces for beach-oriented recreational activities, leisure activities, and informal gatherings. The beach area to the west is defined and organized by two main boardwalks composed of paving materials with a wood finish. This system of boardwalks will provide universal access and pedestrian circulation 24 through this portion of the site to the parking lots, and to the bike path. The north-south alignment of the Beach Walk has been designed to follow the historic 1921 mean high tide line. The east-west alignment of the Ocean Walk will provide universal access to the existing bike path and ocean further west. Beach volleyball and paddle tennis courts will be located at the north end of the beach area. A children's play area is proposed at the south end of the beach area. This space will include play equipment and rubber safety surface paths that will provide universal access to all equipment. East of the Beach Walk, an enclosed family picnic area with a water play feature is planned adjacent to the historic swimming pooi. In order to address community concerns regarding site security, design refinements have been made to also include 42" high guardrails and gates at all entries to open space areas east of the Beach Walk. The design of this guardrail and gate system will incorporate a dark green finished metal post and frame with 1" thick open, diamond- pattern screens capped by a 2'/2" x 12" curved wood rail. This design will be compatible with the landscaped outdoor spaces and the wood rail will serve to complement the wood shutters on the North House and wood trellises proposed on the Pool House, Event House and Entry Pavilion. PERIMETER FENCE ON PACIFIC COAST HIGHWAY The applicant proposes to define the site boundary along Pacific Coast Highway with a new 7'-4" perimeter fence and a row of Washingtonian Palms. The chain link fence that 25 currently runs along the eastern property line was installed when the original fence was removed in 1995 after the Northridge earthquake. At the time, in addition to a Certificate of Appropriateness issued by the Landmarks Commission, a Memorandum of Agreement was entered into between the City, the State Office of Historic Preservation and the Advisory Council on Historic Preservation regarding removal of the original fence. The agreement required that a new fence be approved in consultation with the State Historic Preservation Officer. The currently-proposed fence has been reviewed by the State Historic Preservation Officer and will be constructed in accordance with this Memorandum of Agreement (Attachment F) The proposed 7'-4" fence would run the 750 foot length of the east side property line and replace the existing chain link fence on site. The proposed fence has been designed to address the programmatic needs of the site. Specifically, the section of the fence (excluding the portions in front of both parking lots) will be re-constructed with durable concrete masonry to help mitigate sound impacts on the site from Pacific Coast Highway, and to help address site security issues by controlling access to the site. In accordance with Mitigation Measure AES-2(c), the project plans demonstrate that the perimeter fence has also been designed to reflect a rhythm similar to the original wood fence and wood pilasters, in terms of its height, scale and general character. The proposed fence has also been designed to be compatible with the contemporary architecture of the new construction on site. The fence design incorporates concrete piers that are similar in form to the vertical pre-cast concrete columns proposed on the Pool House. The east side of the fence will be planted with vines or narrow shrubs. 26 Sections of the fence that run along the two on-site parking lots will be composed of dark green wire mesh with rolling gates that are a minimum of 20'-0" wide stationed at each of the four access driveways on PCH. These gates would be opened during operating hours to allow access and views into the site. Removal of the Locker Buildinq and Other Non-Significant Features on Site The appellants claim that the issuance of the Certificate of Appropriateness for the project was done in error ,since the Landmarks Commission failed to adequately address removal of the Locker Building. However, the proposed demolition of the existing recreation courts and the Locker Building constructed will not adversely affect any significant features on site and will not detrimentally change, destroy or adversely affect any exterior feature of the Landmark or Landmark Parcel. The Locker Building was constructed in 1948 for subsequent private hotel and beach club use. In 2002, the California State Department of Parks and Recreation found that the Locker Building was not eligible for the National, California or local registers due to lack of significance and integrity. In addition, the Locker Building and recreation courts were not identified in the Landmark Designation approved by the Landmarks Commission on July 15, 1980 as individually significant features of the site or as items of special interest. Removal of these features from the site will serve to further clarify the site's period of significance, which has been identified as the years from 1928 to 1945 when the property was 27 directly associated with actress Marion Davies, and facilitate the rehabilitation of the site for public use. In 1997, an Existing Conditions Review and Evaluation Report was prepared for the City to assess the condition of improvements on the 415 PCH site (Attachment N). The report analyzed the interior and exterior architectural conditions, structural conditions, and mechanical/electrical/plumbing conditions of all buildings on site. The existing Locker Building was assessed as having undergone numerous alterations and additions and showed signs of damage from the Northridge earthquake. The assessment report indicated that the Locker Building exhibited the signs of poor condition including the following: concrete or brick slab displacement; joint separations of exterior trim and details; cracked plaster and spalling at door openings and ceiling and wall plane intersections in portions of the interior; cracked interior plaster; and an area of second level flooring that showed signs ofi imminent collapse. In contrast, the new two-story Pool House proposed for construction on the east side of the site incorporates the following components that will enhance visitors' use and enjoyment of the existing historic swimming pool and beach recreation areas: three changing rooms for men, women, and families; a centrally-located locker room; a second floor community recreation room; and second floor viewing deck. With such amenities, the proposed Pool House will serve as functional replacement for the existing Locker Building and will also provide for the creation of more open space and recreation areas on the west side of the site. 28 Landscapinq, Liqhtinq & Siqnaqe Plans A preliminary landscaping plan has been developed for the project site, including the North and South Parking Lots. Further refinement and details will be developed to include plant materials selection based on coastal zone compatibility and minimal irrigation requirements. Plant materials will be selected for coastal zone compatibility. Canopy trees in the parking lots will provide shaded parking. Mexican fan palms will be planted along PCH, around the Beach Concessions building and the existing Back on the Beach Cafe. Evergreen hedges will be planted adjacent to pool fencing. Remaining areas will be planted with shrubs, perennials and groundcovers compatible with the coastal climate. All areas will be irrigated. The Landmarks Commission will be required to review forthcoming final landscaping plans through consideration of a Certificate of Appropriateness prior to issuance of building permits (Condition #3 and Mitigation Measures HR-1(a) and AES-3(b)) Site lighting will provide required light levels in parking areas and pedestrian pathways and be incorporated in a lighting plan. Pursuant to Mitigation Measure AES-3(c), this lighting plan for the 415 PCH facility will be required to demonstrate that any exterior night lighting installed on the project site shall be of low intensity, low glare design, and shall be hooded to direct light downward onto the subject parcel and away from surrounding residential uses so that there is no lighting spill-over onto adjacent parcels. In addition, such lighting shall not blink, flash, or oscillate. In accordance with Condition #4, the applicant will be required to submit a lighting plan for review and approval by the 29 Landmarks Commission in the form of a Certificate of Appropriateness Application prior to issuance of building permits for the project. In addition, as noted in Condition #5 and Mitigation Measure HR-1(a), the applicant will be required to submit signage plans for review and approval by the Landmarks Commission in the form of a Certificate of Appropriateness application prior to issuance of a Certificate of Occupancy for the project. The final plan shall demonstrate that proposed signage will be placed in a manner that is compatible with and does not obstruct character-defining features of the site. Interpretive Program A comprehensive Interpretive Program is being developed in conjunction with the project design. The program is conceived to provide a range of experiences throughout the site from "discoverable moments" to specially organized events all of which can be experienced by the visitor. The potential "discoverable moments" will include elements such as: the mansion footprint outline; the Pool House colonnade: the Pool House viewing deck; the Beach Walk; and public art. According to the applicant, specific program platforms will also be created including opportunities for readings and lectures, film projection, exhibition, performance, costumed interpretation, classes, and possibly artist(s)-in-residence. 30 Exception to Pedestrian-Oriented Desiqn Requirements Pursuant to SMMC 9.04.08.12.060 and SMMC 9.04.10.02.440, new construction in the RVC District must incorporate a variety of pedestrian-oriented design elements in a minimum of seventy percent of the building fa~ade at the street frontage ground floor level. The applicant requests an exception from the following pedestrian-oriented design required by SMMC 9.04.10.02.440(a)(2): A minimum of fifty percent of the facade to a height of ,eight feet shall be visually transparent into the building or provide a minimum depth of three feet for window merchandise display. A building may have no more than twenty feet of continuous linear street-level frontage that is opaque. Pursuant to SMMC 9.04.10.02.440(c), an exception from these requirements may be granted by the Architectural Review Board (ARB) in order to encourage design that reflects quality, creativity and compatibility. The Landmarks Commission may grant this exception instead of the ARB because the site is a designated Landmark property, subject to the following findings: (1) That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are exceptional circumstances or conditions applicable to the proposed development that do not apply generally to other developments covered by this Chapter; and 31 (2) That the granting of an exception would not adversely affect surrounding properties or be detrimental to the district's pedestrian-oriented environment. The project site is located on the west side of Pacific Coast Highway with the Palisades Bluffs and the highway to the east, and the Santa Monica Beach and ocean immediately to the west. The proposed site design is oriented so that the primary elevations of new buildings are west-facing and all activity areas are oriented similarly. At this location, the beach-facing, west side of the parcel functions as the site's front yard and the portion of the site fronting Pacific Coast Highway functions primarily as the rear yard. This is a result of the site's unique ocean front location and the high noise levels generated from PCH. The pedestrian-oriented design requirement in question specifies that a minimum of 50% of the building fa~ade to a height of eight feet must be visually transparent into the building or provide a minimum depth of three feet for window merchandise display, and may not have more than twenty feet of continuous linear street-level frontage that is opaque. The strict application of this provision would create a practical difficulty for the applicant since the street-level frontage of the Event House and Pool House serves as the rear of the buildings (and side elevation of the Entry Pavilion). In this instance, providing less than 20 linear feet of an opaque elevation, and also providing visually transparent material for 50% of the building fa~ades to 8'-0" would not serve to attenuate noise and would not be practical for the portions of these buildings that serve 32 as rear elevations. Furthermore, these street-level fa~ades will be positioned behind a 7'-4" perimeter fence. The granting of this exception would not be detrimental to adjacent properties or to the pedestrian-oriented character of the area because, both historically and today, pedestrian-oriented activities in this area have primarily occurred on the west side of properties adjacent to the ocean, beach and bike path, and not along PCH which is a highly traveled state highway. ENVIRONMENTAL ANALYSIS An Environmental Impact Report (EIR) has been prepared for this project in accordance with Section 15087 of the CEQA Guidelines. A Notice of Preparation (NOP) was filed with the California Office of Planning and Research and distributed to involved public agencies and interested parties for a public review period which began February 11, 2005, and concluded on March 21, 2005. On March 3, 2005 a public scoping meeting was held and approximately 25 people attended. Copies of the Draft EIR were made available on November 8, 2005 for a 45-day public review period which closed on December 22, 2005. Six comment letters were received on the Draft EIR. Response to those comments has been incorporated into the Final EIR. The EIR analyzed identified potentially significant environmental impacts, including site- 33 specific and cumulative effects of the project in accordance with the provisions set forth in the CEQA Guidelines. The EIR identified potentially significant impacts in eight issue areas including Cultural Resources. The EIR prepared for the project evaluated the proposed rehabilitation of the remaining North House, swimming pool and bulkhead and also evaluated the compatibility of the proposed new construction on site. Mitigation measures have been proposed to reduce impacts to Aesthetics and Cultural Resources to a less than significant level. Mitigation measures (Mitigation Measures AES-2(b), AES-2(c), HR-1(a) and HR-1(b)) have been required to ensure that the proposed project complies with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995). The Planning Commission certified the Final EIR for the project and adopted a Statement of Overriding Considerations and Mitigation Monitoring Program on April 5, 2006. This action by the Planning Commission is currently on appeal before the Council. If the Final EIR is certified and a Statement of Overriding Considerations and Mitigation Monitoring Program are adopted by the City Council, all project mitigation measures will be implemented and monitored in accordance with the Mitigation Monitoring Program contained in Attachment K. Two mitigation measures were identified to address potential impacts to Cultural Resources specify requirements for review of the final rehabilitation design for the 34 proposed project: In accordance with Mitigation Measure HR-1(a), a historically compatible rehabilitation design for the North House, pool and buikhead shall comply with the Secretary of Interior's Standards for the Treatment of Historic Properties and Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings or the Secretary of Interior's Standards for Rehabilitation and Guidelines for Historic Buildings (Weeks and Grimmer, 1995). Prior to issuance of a building permit, plans with specific design details shall be prepared and submitted to the Landmarks Commission, or City Council on appeal, as part of its review of a Certificate of Appropriateness application which review shall ensure that the rehabilitation and adaptive reuse of the North House and swimming pool, and new construction within the vicinity of the historical resources does not significantly affect and is consistent with the historic character of the project site. As part of this review and any approval of the project, in accordance with the Secretary of the Interior's Standards, the Landmark Commission, or City Council on appeal, shall require the following: • Alterations required for the conversion of the North House into a meeting facility, including the installation of inechanical equipment and alterations related to ADA accessibility, shall be designed so as to integrate, rather than to obscure, alter, or remove, character defining features. • The architectural design of new facilities and landscaping shall be "differentiated from the old, "and not detract from or overwhelm the original historic features. • Signage shall be placed in a manner that is compatible with and does not 35 obstruct character-defining features of the North House, pool, or bulkhead. • Testing shall be performed where necessary to ensure that the safest and gentlest means possible are sued to clean and repair materials. A materials conservator shall evaluate historic ceramic tiles in the pool and North House restroom and provide appropriate methodology for repair and/or replacement in kind if necessary. • New facilities, including the Event House, Pool House, Garden, and children's pool, shall be designed to maintain special relationships of the character-defining features as much as possible. New elements constructed on the site shall be designed to be reversible and to cause minimal impact on the historic fabric of the site. In accordance with Mitigation Measure AES-2(c), plans for the proposed project shall include design details of the fence that is envisioned along the street frontage of PCH. The design of the fence shall be compatible with the existing Georgian Revival architectural style of the Marion Davies Estate and shall be subject to review by the Planning Commission and Landmarks Commission, or City Council on appeal, as required pursuant to Mitigation Measures AES-2(a} and AES-2(c). Adequacv of the Final Environmental Impact Report Most of the challenges to the Environmental Impact Report raised by the appellants were not timely submitted in accordance with CEQA. However, detailed responses to the appellants' claims regarding the adequacy of the Final EIR prepared for the project 36 are contained in Attachment D. Suggested additional modifications to the Draft EIR are also contained therein. The Final Environmental Impact Report is legally sufficient. ADDlTIONAL lSSUES RAISED BY APPEAL Procedural Challenqes to Landmarks Commission Action The appellants claim that the Landmarks Commission's action was premature given that an appeal of the Planning Commission's April 5, 2006 approval of primary entitlements and certification of the Final EIR was filed prior to the April 10, 2006 Landmarks Commission hearing of the subject Certificate of Appropriateness application. The appellants also contend that Landmarks Commission's action on the Certificate of Appropriateness application was invalid since the Commission did not comply with CEQA requirements for a responsible agency pursuant to CEQA Guidelines Section 15096 (a) and (e). In accordance with the CEQA Guidelines, the Lead Agency is the decision-making body that has primary project approval authority and normally is the discretionary body that acts first on project entitlements. For the 415 PCH Project, the Planning Commission served as the Lead Agency and certified the Final EIR on April 5, 2006. Once the Final EIR has been certified, no additional environmental review is required when an agency engages in subsequent discretionary action unless one of the conditions described in CEQA Guidelines Sections 15162 and 15163 are present. The Landmarks Commission appropriately relied on the certified EIR after expressly finding that none of the conditions of Sections 15162 or 15163 were present. The filing of a challenge to the 37 EIR did not prevent the Landmarks Commission from proceeding in this manner. Furthermore, now that all entitlements for the project and the environmental determination have been appealed to the City Council and are subject to a de novo review, these procedural challenges are mpot. The appellants also contend Commissioner Lehrer's membership with the Santa Monica Conservancy presents a conflict of interest that prevented her from making an unbiased decision on the Certificate of Appropriateness application for the 415 PCH Project. For the duration of the April 10, 2006 meeting when the Certificate of Appropriateness application for the 415 PCH Project was heard by the Landmarks Commission, Commissioner Lehrer served as Temporary Presiding Officer. Commissioner Lehrer is indeed a member of the Santa Monica Conservancy. However, as she explained at the Landmarks Commission hearing, she recused herself from all proceedings when the Santa Monica Conservancy discussed the 415 PCH Project. Thus, she had no role in the Conservancy's deliberations or actions on this matter. Further, being aware of the common law conflict of interest principles, she stated that she was not influenced by the Conservancy's action and would be able to make an unbiased decision regarding the pending project. Therefore, her personal interest was not in conflict with her official duties. Furthermore, as with the CEQA procedural challenges, this particular issue is also moot now that the matter is being reviewed de novo by the City Council. 38 Compliance with Proposition S The appellants contend that the proposed project violates Proposition S, an initiative passed by voters of the City of Santa Monica on November 6, 1990. A detailed response to this challenge is contained in the City Council staff report for Appeals 06APP-030 and 06APP-032. The proposed project does not violate the provisions of Proposition S. PUBLIC OUTREACH Notice of this hearing was provided as required by Section 9.40.040(b) as follows: notice sent to all owners and occupants within a 300-foot radius of the subject property; a newspaper notice published in the LA Times "California" Section on at least 10 days prior to the hearing date. The Department of Community and Cultural Services convened a number of public workshops and meetings since the summer of 2005 to discuss the 415 PCH Project and to gather community comments on the emerging design and programming for the site: 1. On July 28, 2005, a public open house was held to reintroduce the public to the site and the intended approach to the project. Approximately 80 community members participated in this event. 2. On October 1 st and 2nd, 2005, a community workshop was held on-site with approximately 120 community members in attendance. The first day consisted of 39 a formal presentation of the emerging schematic design by the design-build team and rotating break-out sessions focusing on neighborhood impacts, historic elements and design and community access and activities. On the second day, the project team provided a summary and response to public comments from the previous day. 3. On January 3, 2006, January 26, 2006 and February 21, 2006 meetings were held with neighbors of the site to discuss specific neighbor concerns expressed during the previous community workshop including site security, vehicular access to and from the site, and City operations and maintenance of the facility. A dedicated website for the 415 PCH Project (http://415pch.smgov.net) was established allowing members of the public to view the schematic design for the site and submit comments throughout the development of the proposed project. In addition to the public outreach described above, presentations on the status of the project and the schematic design for the site have been made to the City Arts Commission; Commission for a Senior Community; Disabilities Commission; Recreation and Parks Commission; Social Services Commission; Pier Restoration Corporation; and Santa Monica Convention and Visitor's Bureau. Presentations have also been made to California State Parks, California State Office of Historic Preservation, Caltrans, and the California Coastal Commission. 40 CONCLUSION The 415 PCH project has been designed to create a unique, beach-oriented, public gathering place that responds to the cultural history of the site. The project includes the rehabilitation of the historic North House and swimming pool, and also features community and event rooms to be used for meetings, informal recreation, and social events; and recreational and open spaces such as volleyball courts, gardens, playgrounds and walkways. The project preserves a maximum amount of historic building material and does not obscure character-defining features of the Landmark North House and the Julia Morgan designed swimming pool. The proposed site design and new construction are also compatible with the historic materials, features, size, scale, and massing of the historic North House and swimming pool, and with the site's overall historic character. The proposed public open spaces have also been designed to complement both the historic elements of the site and the proposed new facilities. The proposed site design preserves the original spatial relationship between the North House and the original mansion by establishing a garden terrace in the area of estate that was originally developed as tennis courts. In addition, the project reflects and interprets several other key spatial relationships that characterized the former Marion Davies Estate. Based on the foregoing, the 415 PCH project is consistent with the Secretary of the 41 Interior's Standards for the Treatment of Historic Properties and, as conditioned, will be implemented in accordance with adopted project mitigation measures. Therefore, it is recommended that the Council deny appeals 06APP-031 and 06APP-033 and approve Certificate of Appropriateness 06CA-002 and the modification to pedestrian-oriented design requirements per the following conditions and findings as required in SMMC 9.36.140 and SMMC 9.04.10.02.440: CERTIFICATE OF APPROPRIATENESS FINDINGS (SMMC 9.36.140 As conditioned, the proposed rehabilitation and adaptive reuse of the former 1920s Marion Davies Estate at 415 Pacific Coast Highway as a beach-oriented, public recreational and meeting facility with space for limited cultural and social event programming. The proposed project includes rehabilitation of the remaining significant features of the original Marion Davies Estate, and new construction on site. The proposed project complies with the Secretary of the Interior's Standards for the Treatment of Historic Properties in that the proposed scope of work and treatment of the site is consistent with the Standard's definition of rehabilitation defined as the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. As conditioned, and in accordance with adopted project mitigation measures, the proposed project will preserve a maximum amount of historic building material and will not detrimentally change, destroy or adversely affect character-defining features of the Landmark North House and historic swimming pool in that protection, repair, or replacement in-kind if other treatments are not feasible, has been proposed for all original, character-defining features of the property. Exterior features include but are not limited to the double-hung wood sash windows; clapboard siding; portico and columns; molded cornice along the roofline; dormers; decorative recessed wood paneling under first-story windows; and exterior doors and surrounds. Interior features include a large fireplace and marble mantel; extensive wood paneling, decorative wainscot and built-in cabinets on the first floor; decorative, custom-made ceramic tile in restrooms on the second floor; and other similar features. The historic Julia Morgan designed swimming pool and pool deck is also a remaining feature of the original Marion Davies Estate. This historic swimming pool and surrounding, marble coping and marble inlay paving will be rehabilitated in accordance with the Secretary of the Interior's Standards, thus allowing the historic integrity of these elements to be protected while enabling them to safely serve as a public recreation amenity. In addition, in accordance with project Mitigation Measure HR-1(a), a Materials Conservation Consultant will direct the 42 rehabilitation of the historic Julia Morgan pool and pool deck. The proposed scope of work will include protection and repair of the existing decorative pool tiles, marble coping, and paving. Photographs of several pool tiles are contained in Attachment C. In-kind replacement will be necessary of any existing tiles or paving that are damaged beyond repair. A small section of the original paving located beyond the pool deck area will also be salvaged and used to replace any severely damaged or missing pieces of the diamond-shaped, green marble inlay border. As modified by project conditions and in accordance with adopted project mitigation measures, the proposed project will comply with the Standards for Rehabilitation in that key historic spatial relationships that characterized the original Marion Davies Estate will be maintained and interpreted. For example, the siting of the proposed Garden Terrace has been designed to recafl and maintain a key spatial relationship that characterized the Marion Davies Estate where tennis courts were originally located between the North House and the estate mansion. In addition, the proposed Pool House reflects the important historic spatial relationship between the original estate mansion and swimming pool that was a key, character-defining feature of the Marion Davies Estate. In accordance with the Standards for Rehabilitation, the proposed new construction on site has been designed to be reversible and ~to cause minimal impact on the historic fabric of the site. Each building expresses a modern design and form that is compatible with, yet differentiated from, the extant historic North House and swimming pool. Furthermore the Pool House, Event House and Entry Pavilion have been designed in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment will be unimpaired. As conditioned and in accordance with project mitigation measures, the proposed new construction has been designed to be compatible, yet differentiated from the existing historic fabric on site and proposed public open spaces have also been designed to complement both the historic elements of the site and the proposed new facilities. The new construction on site has been proposed in manner that does not obscure significant features on site. For example, the scale and location of the Event House has been designed to allow the Landmark North House to be highlighted as a significant element on site. The palette of materials for the new construction has been chosen to reinforce the modern architectural style of each building, to reference the historic context of the site, as well as address the functional requirements of a public recreation facility on the beach. The proposed demolition of the existing recreation courts and the Locker Building constructed will not adversely affect any significant features on site and will not detrimentally change, destroy or adversely affect any exterior feature of the Landmark or Landmark Parcel. The Locker Building was constructed in 1948 for subsequent private beach club use and therefore does not contribute to the site's Period of Historic Significance. The Locker Building and recreation courts were 43 not identified in the Landmark Designation approved by the Landmarks Commission on July 15, 1980 as individually significant features of the site or as items of special interest. Removal of these features from the site will serve to further clarify the site's period of significance, which has been identified as the years from 1927 to 1946 when the property was directly associated with actress Marion Davies, and facilitate the rehabilitation of the site for public use. Furthermore, proposed Pool House, which features locker and changing rooms, and a community room, will serve as functional replacement for the existing Locker Building and will allow' for the creation of more open space and recreation areas on site. Finally, the proposed 7'-4" perimeter fence has been designed to reflect a rhythm similar to the original estate wood fence and wood pilasters, in terms of its height, scale and general character. The proposed fence has been designed to be compatible with the contemporary architecture of the new construction on site. The fence design incorporates concrete piers that are similar in form to the vertical pre-cast concrete columns proposed on the Pool House. The proposed fence has also been designed to address the programmatic needs of the site. Specifically, the section of the fence (excluding the portions in front of both parking lots) will be re-constructed with durabte concrete masonry to help mitigate sound impacts on the site from Pacific Coast Highway, and to help address site security issues by controlling access to the site. A Memorandum of Agreement has been entered into between the City, the State Office of Historic Preservation and the Advisory Council on Historic Preservation regarding removal of the original fence and its replacement. The agreement requires that a new fence be approved in consultation with the State Historic Preservation Officer. The currently-proposed fence has been reviewed by the State Historic Preservation Officer and will be constructed in accordance with this Memorandum of Agreement. Based on the foregoing, the proposed project, as modified by project conditions and mitigation measures, is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. MODIFICATION OF PEDESTRIAN ORIENTED DESIGN (SMMC 9.04.10.02.440) 1. The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are exceptional circumstances or conditions applicable to the proposed development that do not apply generally to other developments covered by this Chapter, in that the proposed site design is oriented so that the primary elevations of new buildings are west-facing and all activity areas are oriented similarly, which is consistent with the project site location on the west side of Pacific Coast Highway with the Palisades Bluffs and the Highway to the east, and the Santa Monica Beach and ocean immediately west of the property. At this location, the beach-facing, west side of the parcel 44 functions as the site's front yard or pedestrian-oriented area. The portion of the site fronting Pacific Coast Highway functions primarily as the rear yard and the building farades along Pacific Coast Highway are secondary elevations. This is a result of the site's unique ocean front location and the high noise levels generated from PCH. The pedestrian-oriented design requirements specify that a minimum of 50% of the building fa~ade to a height of eight feet must be visually transparent into the building or provide a minimum depth of three feet for window merchandise display, and may not have more than twenty feet of continuous linear street-level frontage that is opaque. The strict application of this provision would create a practical difficulty for the applicant since the street level frontage of the Event House and Pool House serves as the rear of the buildings (side elevation of the Entry Pavilion). In this instance, providing less than 20 linear feet of an opaque elevation, and also providing visually transparent material for 50% of the building fa~ades to 8'-0" along PCH would not serve to attenuate noise, would not be practical for these building fa~ades that serve as rear elevations positioned behind a 7'-4" perimeter fence, and would not be appropriate for the recreational use of the site. 2. That the granting of an exception would not adversely affect surrounding properties or be detrimental to the district's pedestrian-oriented environment because, both historically and today, pedestrian-oriented activities in this area have primarily occurred on the west side of properties adjacent to the ocean, beach and bike path, and not along PCH which is a highly traveled state highway. CONDITIONS 1. This approval is for the rehabilitation and adaptive reuse of the property at 415 Pacific Coast Highway as shown on plans dated May 16, 2006, which are on file in the City Planning Division, except as amended herein. 2. The applicant shall submit revised plans specifying the final color and material selections for new construction on site for review and approval by the Landmarks Commission in the form of a Certificate of Appropriateness Application prior to issuance of building permits for the project. 3. The applicant shall submit Landscaping Plans for review and approval by the Landmarks Commission in the form of a Certificate of Appropriateness Application prior to issuance of building permits for the project. 4. The applicant shall submit a Lighting Plan for review and approval by the Landmarks Commission in the form of a Certificate of Appropriateness Application prior to issuance of building permits for the project. The lighting plan shall demonstrate that any exterior night lighting installed on the project site shall be of low intensity, low glare design, and shall be hooded to direct light downward onto the subject parcel and away from surrounding residential uses so 45 that there is no lighting spill-over onto adjacent parcels. In addition, such lighting shall not blink, flash, or oscillate. 5. The applicant shall submit Signage Plans for review and approval by the Landmarks Commission in the form of a Certificate of Appropriateness Application prior to issuance of a Certificate of Occupancy. The proposed Signage Plan shall demonstrate that proposed signage will be placed in a manner that is compatible with and does not obstruct character-defining features of the North House, swimming pool, or bulkhead. 6. This Certificate of Appropriateness shall be in full force and effect from and after the date of the rendering of the decision by the City Council. Pursuant to Landmarks Ordinance Section 9.36.170(h), this approval shall expire within one year if the authorized work is not commenced. Should the applicant be unable to comply with this restriction, an extension may be granted pursuant to Section 9.36.250 for an additional 180 days maximum. The applicant must request such an extension prior to expiration of this permit. After that time, the applicant will be required to return to the City Council for approval. In addition, this Certificate of Appropriateness shall expire if the authorized work is suspended for a 180-day period after being commenced. 7. All required Planning and Building Permit approvals shall be obtained. Prepared by: Roxanne Tanemori, Associate Planner roved: For~rr~deci~to Council: Andy Agle P. a ont Ewell Director, Plannin & C munity i anager Development Department 46 Attachments: A. Appeal Statements dated April 10, 2006 and April 18, 2006 B. Notice of Public Hearing, Radius and Location Map C. Photos of Historic Swimming Pool Tiles D. Response to Appellants' Challenge Regarding Adequacy of the Final EIR Documents Relevant to EIR Discussion (Attachment D of City Council Appeal Staff Report 06APP-030 and 06APP-032) E. April 10, 2006 Landmarks Commission Meeting Minutes and Staff Proposed Findings and Conditions F. 1995 Memorandum of Agreement Regarding Perimeter Fence G. Correspondence Received Regarding the Proposed Project (Attachment J of City Council Appeal Staff Report 06APP-030 and 06APP-032) H. Applicant's Response to Appellants' Appeal Statements Photographs of Site and Surrounding Properties (Attachment L of City Council Appea/ Staff Report 06APP-030 and 06APP-032) J. Resolution to Certify the Environmental Impact Report (Attachment F of City Council Appeal Staff Report 06APP-030 and 06APP-032) K. Resolution Adopting a Statement of Overriding Considerations and Mitigation Monitoring Program (Attachment G of City Council Appeal Staff Report 06APP-030 and 06APP-032) L. Renderings, Plot Plan, Floor Plans and Elevations Dated May 16, 2006 (Attachment M of City Council Appeal Staff Report 06APP-030 and 06APP-032) M. Final Environmental Impact Report dated May 2006 (Attachment N of City Council Appeal Staff Report 06APP-030 and 06APP-032) N. March 2002 Technical Report: Marion Davies Estate, 415 Pacific Coast Highway (Attachment O of City Council Appeal Staff Report 06APP-030 and 06APP=032) F:\CityPlanning\Share\COUNCIL\STRPT12006\415 PCH Appeal\06APP-031-033 LM (415 PCH).doc 47 ac men s no . val a e . ec ronica . e are val a e . . or lewin a e . , i er s ice