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SR-1 (2) -.l. 1. 41 tJ2---tJt?? MAY 2 1 1985 C/ED:PPD:PJS:DKW:kc Counc~l Meet~ng: 5/21/85 Santa Mon~ca, Cal~fornia TO: Mayor and C~ty Counc~l FRON: Clty Statf SUBJECT: Appeal of Plannlng Commlsslon's DeClSlon DenYlng DR 291 and ZA 4880-A, to Permlt Constructlon of a 349-Room Hotel at 1700 Ocean Avenue In the R4 Zone. Santa Mon~ca Hotel Assoc~ates, Ltd.: Appl~cant/ Appellant; Mayor Reed: Appellant. INTRODUCTION At 1 ts meet lng of Apr 1.1 15, 1985 the C1. ty Plannlng COmrn1.5S 1.on reVlewed DR 291, ZA 4880-A, EIA 778, for a proposed hotel proJect at 1700 Ocean Avenue ~n Santa Monlca. The COrnm1.S51.0n f:nled to adopt a motlon regardlng the proJect, effectlvely denYlng the appllcat1.on. Tnl;:; actlon has been appealed to the Clty CounCll by both the appllcant and Mayor Chrlstlne Reed. Staff recommendatlon lS to grant the appeals and approve the proJect wlth condltlons. BACKGROUND The proposed project (DR 291) would amend DR 098, approved by the Plannlng COmffilSS10n In June 1983. DR 098 lncluded demolltlon of the eXlstlng motel at the S1. te and constructlon of a 4-story, - 1 - ~ MAY 2 1 1!15 299-room hotel. The proJect rece1ved Arch1tectural ReV1ew Board (ARB) approval In concept on July 6, 1983, and a Coastal PermIt In September, 1983. In December, 1984, the D1rector of Planning granted an extensIon of DR 098 to December 11, 1985. The curr en t app11catlon (DR 291) would lncrease bUlldlng he 19ht from 4 to 5 stor1es (but w1thln the Land Use Element's 56' - 0" helght l1ffiIt for Ocean Avenue), lncrease room modules from 299 to 349, Increase restaur ant and meetIng room space, and Incr ease underground parkIng capacIty from 320 spaces to 510 spaces. An adJustment under the Zon1ng Code 1S also beIng requested to allow IntrusIon of part of the proJect Into the requ1red rear yard (ZA 4880-A). Changes to the approved proJect are be1ng proposed by a new owner of the property after an extensIve re-evaluation of the proJect des1gn. The applIcant has IndIcated the changes are necessary to ensure successful operat1on of a fIrst-class hotel facIlIty. W1th the exceptIon of the requested adJustment whIch IS recommended for approval, the proJect conforms w1th requlrements of the ZonIng Code and General Plan and 1S recommended for approval wIth cond1tlons. A Supplement to the certlf 1ed FInal EnvIronmental Impac t Repor t on DR 098 was prepared by PlannIng Consultants Research under a contract dIrectly wIth the Clty to analyze changes to the approved pro] ect. Th~s document, wnIch includes an extensIve descrlptlon and analysis of the proJect, was transmItted to the PlannIng CommIssion and publlC for reVIew and comment on February 11, 1985. Also provIded at that tIme was a copy of the FInal Environmental Impact Report on the approved proJect - 2 - (DR 098) and var IOUS other repor ts concerning that pro] ect. A publIC reVIew and comment perIod on the Supplemental EnVIronmental Impact Report was conducted from February 13 to March 21, 1985. The FInal Supplemental EIR and the orIgInal EIR are provIded as attachments to thIS staff report. Also provIded IS a copy of the staff report to the PlannIng CommISSIon on the matter. PLANNING COMMISSION REVIEW PlannIng CommISSIon reVIew of thIS proJect was orIgInally scheduled for Apr 11 1, 1985. A staff repor t on the matter was prOVIded to the CommISSIon on March 26, 1985. The hearIng on the proJect was carrIed over to the CommISSIon's April 15, 1985, meetIng due to certaIn defects In the publIC notIfIcatIon process. FIve CommISSIoners were present for the hearIng. CommISSIoner Shearer was absent, and CommISSIoner Genser excused hImself due to a conflIct of Interest. One person spoke at the publIC hearIng on the matter. ThIS IndIVIdual expressed concern regardIng the adequclcy of proposed parkIng for the proJect, gIven an eXIsting parkIng problem in the neIghborhood. FOllOWIng the close of the publIC hearIng the CommISSIon dIscussed the proJect, makIng the follOWIng pOInts: The proposed proJect IS generally well-desIgned. Concern that thIS IS a new, rather than amended proJect. - 3 - Lack of tlme for Commlsslon to study the proJect; preference for reVlew of pcoJects at a more conceptual stage. Parking should be managed to ensure that enccoachment by beach-goers does not occur. Preference for proJect deslgn that "stepped down" to Applan Way; bellef that proJect 15 of larger scale than approprlate. Calculatlon of he1ght 1n relatIon to Land Use Element standards 15 unclear and appears InconSlstent Wlth Zonlng Code defInltlons. Need for clear slgnage and speed bumps to faCIlItate lnternal cIrculatlon. Suggestlon that landscaped area 1n front of Ocean Avenue reta~l uses be converted to "hardscape". A motIon to approve the proJect WIth condltlons fa1led by a three yes, one no, one abstaIn vote. After further d1Scusslon, a second motlon to approve the proJect WIth cond1tIons falled by a three yes, two abstaIn vote. A thIrd motlon to deny the proJect Wl thou t pre] ud lce al so falled by a two yes, thr ee no vote. The fallure to adopt a motlon effectlvely den1ed the appllcat10n. Proper appeals to The Cl ty Councll were flIed on Apr 11 17, 1985 by Mayor Reed and the app11cant. - 4 - ANALYSIS All of the project deta~ls are fully analyzed ~n the attached staff report and EIR Supplement. In add~tlon, staff has reviewed the 1.ssues ra1.sed at the Plannlng COmmlSS1.0n meet1.ng. Analys1s 1n the Supplemental EIR lndlcates that the proJect IS 510 f1xed parklng spaces, wlth abI11ty to provlde up to 100 addItlonal spaces through valet/tandem parklng, wlll be suff1.Clent to meet the proJect's parklng needs. ParkIng w1.ll be managed to ensure that appropr Ia te utI11.zatlon of the par k Ing fae il i tles occurs. On the lssue of whether the pro] ect 1.8 a new or an II amended II proJect, the deslgn prev10usly approved Counc 11 on appeal 1S appl1catlon. clearly represents an evolutlon from the proJect. In any case, the CommIss10n or free to act on the mer 1 ts of the cur rent Rev~ew of the heIght and scale Issues lndlcates that the proposed proJ ect WIll conform to applIcable reg ulat~ons. A ffil.nOr devIatlon from Code requlrements has been corrected by lowerlng the over all pro] ect approx~mately one foot. The slopIng nature of the lot produces an unusual sltuatlon. The proJect 15 wlthIn the envelope establlsned by the average natural grade and appllcable Land Use Element and Zonlng Code standards. Staff 18 recommendlng that Plannlng Commlssloner's comments concecnlng clrculatlon slgnage, c1rculatlon the landscaped front setback areas be approprlate condIt10ns of approval. safety features and lncorporated into - 5 - CITY COUNCIL AUTHORITY Under the provls~ons of Sect~on 4 of Ord~nance No. 1321 (CCS), the C~ty Council may aff~rm, reverse or modlfy any determinatlon of the Planning Comm~ss~on in regard to a Development Permlt and the deClSlon of the Clty Council shall be flnal. In approving an appllcatlon the Commlss~on or Councll on appeal must make certaln required f~ndlngs and may impose condit~ons to further the purpose of Ord~nance 1321. BUDGET/FINANCIAL IMPACT If approved approximately such as the as reconunended, the proJect would result In llcense Tax, expenditures, $837,000 ln annual municipal local tax revenues Translent Occupancy Tax, Sales Tax and Business and approximately $90,000 in annual municlpal for a net flscal benefit of approximately $747,000 per year. or fund approval. park tax The proJect owner would also be obllgated to operate the shuttle system speclfled in the conditions of Non-recurrlng revenues would also be derlved from the (a total of $ 69,800) and BUlldlng Perfil t and General SerVlces fees. RECOMMENDATION Staff respectfully recorrunends that, conSlstent Wl th a plurall ty of the Plannlng Conmussion who voted on th~s matter and the - 6 - or1g1nal staff recommendat1on, the appeal be granted and that the C1ty CouncIl: A) Conduct a publIc hearIng on the appeal provld1ng the appellants and other lnterested members of the public to have an opportun1ty to present theIr VIews. B) Adopt the attached resolutIon certifYIng that EIA 778, the Supplemental EnVIronmental Impact Report for the Redevelopment of the Santa MonIca Bay Inn Property, adequately dIscusses all slgnlflcant envIronmental Issues, and that the f1nal Supplemental EIR has been prepared In compl1ance w1th CEQA, the State EIR GUIdelInes, and the CIty of Santa MonIca CEQA GUIdel1nes, and that It has reviewed and consIdered the contents of the flnal supplemental EIR In Its deCISlon-maklng process. C) Approve DR 291 and ZA 4880-A accordlng to the followIng fIndIngs and subJect to the followIng condItIons: Flnd1ngs: (1) The development 18 cons1stent W1 th tne flndlngs and purpose of Ord1nance 1321 as set forth below. (2) The phYSIcal locatlon and placement of proposed s~rUctures on the slte are compatIble WIth and relate harmonIously to surroundlng SItes and ne1ghborhoods In that the proJect, WIth the exceptlon of the rear yard setback, conforms to the property development standards for the R4 zone. The proJect provIdes - 7 - substantIal setbacks along all property lines and 1S des Igned WI th publIC open spaces and balconIes WhICh contr1bute to redUCIng the VIsual Impact of the bU1lchng mass. ( 3) The eXIstIng and/or proposed rIghts-of-way and faCIlItIes for both pedestrIan and automobIle traffIC WIll be adequate to accommodate the antICIpated results of the proposed development IncludIng off-street par k1ng fac III t1es and access thereto In that, as demonstrated In the Supplemental EIR, the proJect WIll not contr Ibute a SIgnIfIcant Impact to eXIstIng CIrculatIon patterns and that the parkIng prOVIded exceeds the number of spaces reqUIred by the MunIcIpal Code. (4) The eXIstIng and/or proposed publIC and/or prIvate health and safety features (IncludIng, but not lImIted to, sanItatIon, sewers, storm draIns, fIre protectIon deVIces, protectIve serVIces, and publIC utIlItIes) WIll be adequate to accommodate the antICIpated results of the proposed development. ( 5 ) The proposed development IS conSIstent WIth the Gener al Plan of the CIty of Santa MonIca and ZonIng OrdInance In that ObJectIve 1.5 of the Land Use Elemen t spec 1 f Ically calls for expansIon of VISI tor accommodatIons and related uses In the Oceanfront area, and WIth approval of the proposed rear yard - 8 - adJustment, the proJect compl~es w~th the Zon~ng Ord~nance. (6) The proposed development w~ll not preJud~ce the ab~l ~ ty of the C~ ty to adopt a Spec~ f~c Plan for the Oceanfront area ~n that the proJect ~s cons~stent w~th the Land Use Element standards set forth under ObJect~ve 1.5. AdJustment F~nd~ngs (1) That the proposed adJustment would not be detrimental to the ne~ghborhood or d~str~ct ~n wh~ch the property ~s located ~n that wh~le part of the structure ~ntrudes ~nto the 15' rear yard, other port~ons prov~de a setback greater than 151. ( 2 ) That the proposed adJustment IS necessary In order that the applIcant may not be deprIved unreasonably In the use or enJoyment of h~s property rIghts in that the adJustment would enhance the physIcal desIgn of the pro] ec t. (3) That the proposed adJustment IS consIstent WIth the legIslatIve Intent of Chapter 1 of Art~cle IX of the Santa Mon~ca Mun~clpal Code, as expressed partIcularly In SectIons 9101 and 9156 thereof In that It would not be detrImental to the publIC health, safety and general welfare, SInce the proJect generally provIdes - 9 - setbacks substant~ally greater than those requIred by the MunIcIpal Code. Development ReView ConditIons The folloWIng condltlons of approval for DR 098 shall also apply to DR 291: (1) Owner shall ro1 tlgate the potent1al adverse Impact on tne avaIlab~ll ty of affordable overnIght accom- modat1ons In the CIty I S Coastal Zone caused by the loss of the eXistIng n1nety-seven room motel by entering Into a contrdct with the C1ty prOViding for such mitIgatIon prIor to Issuance of a bUilding permit for the proJect. (2) The proJect owner shall contact the PolIce Department 1n order to identify and Implement appropriate deSIgn and operatIonal features WhiCh maXimIze security. (3) To mItigate fIre safety Impact, approprIate fIre- suppreSSIon, emergency access and construction deSign features shall be Implemented as reqUired by the City Fire Department. (4) To mItigate parking and traffIC Impacts the proJect owner shall: - 10 - a. Arrange for approprIate van or bus serVIce to and from Los Angeles InternatIonal AIrport for Hotel guests. b. prov Ide local publLc transLt dIsplays on-SIte and headway schedules along wIth ldentIfYIng routes promotIonal InformatIon concernlng destInatIons WIthIn walkIng/tranSIt/bIkIng dIstance of the Hotel. c. Provide maps to hotel patrons showlng locatIons of restaurants, shopPIng areas, beach faCIlltIes, PIer actIvItIes, etc. thac can be reached easlly by walkIng. d. Pay for converSLon of ArcadIa Autoway to a one-way street, If the Clty chooses to do so. e. Pay for removal of and provIde approprIate reImbursement for lost revenue (up to $350 per meter per year, for 20 years) from curb parkIng along Ocean Avenue In order to ensure adequate SIght dIstance for vehlcles If the CIty, after approprIate study, chooses to do so. f. GIve fIrst prIorIty to CIty residents for all Hotel jobs not otherWIse fIlled by then-eXIstIng Hotel employees subJect to the reqUIrements of State and Federal laws. - 11 - g. Regulate driveway off per~ods. timlng of of Applan deliverles by the Way to avold peak servlce traffiC h. provlde a shuttle system servlng the maJor local areas of Hotel user destinatlons. The shuttle route shall be set by the Cl ty and lncl ude the Downtown, Santa Monloca Ploer, Maln Street and the Hotel. The shuttle shall be owned and operated by the proJect owner and shall be avallable for hotel and general publlC use. The Shuttle shall operate on a schedule establlshed by the Cl ty for at least 8 hours daily with the understand~ng that the mlnlmum 8 hour block of time could be broken lnto two parts to cOlnclde Wl th peak Hotel demand. The vehlcles chosen shall have a dlstlnctlve character that ln ltself would promote tourlsm 1n general (for example a double decker bus). The shuttle bus shall beg~n operatlon when the Hotel reaches an lnltlal seventy (70) percent occupancy rate. The Clty shall cons~der requlrements that future hotels join ln supporting a slmilar shuttle system wlth shared expenses. In lleu of provldlng a shuttle serVlce, the Clty wlll reserve the r 19ht to unllaterally requlre annual payment to the Clty of annual shuttle operating costs lncludlng replacement reserves and depreciation for fundlng a Clty-sponsored shuttle system. - 12 - L EstablIsh and operate a rIde-sharIng program for employees. J. ProvIde bus tokens to employees at one-half cost. k. Upon tak~ng meet~ng/banquet room reservat~ons, hotel management shall routInely encourage that veh~cle occupancy among attendees be maxlm~zed. 1. Regulate mee tlng banquet schedule to group 51 zes that can be accommodated wIth on-s~te park~ng capacIty at tImes wnen addl tlonal off-s~ te capacl ty cannot be secured. ffi. ProVIde a valet parkIng system In a port~on of the parkIng garage durIng peak events to obtaIn addItIonal aIsle and t3ndem spaces. The layout shall be approved by the CIty ParkIng and Traffic EngIneer. ( 5 ) ProvIde appcoprlate pool dcainage hookups to a sanItary sewer lIne. (6) Include a sIdewalk of not less than SIX feet In w~dth and approprIate pedestrIan amen~t~es along the ArcadIa Autoway edge of the property, IncludIng, but not limited to decoratIve pavIng, landscapIng, and 11gntIng fIxtures. The ArchItectural RevIew Board shall reVIew the desIgn of the features. The followIng condItIons of approval shall also apply to DR 291: - 13 - (1) Plans for fInal deSIgn, landscapIng, screenIng, trash enclosures, and slgnage shall be sUbJect to reVIew and approval by the ArchItectural ReVIew Board. (2) The ArchItectural ReVIew Board, In theIr reVIew, shall pay partIcular attentIon to the proJect's pedestrIan orIentatIon and pedestrIan amenItIes; scale and artIculatIon of deSIgn elements; exterIor colors, textures and materials; WIndow treatment; glaZIng: and landscapIng. (3) The ArchItectural ReView Board shall reVIew the landscaped area located In front of the retaIl uses on Ocean Avenue and shall conSider whether a hardscape treatment of that area would be approprIate. (4) MInor amendments to the plans shall be subJect to approval by the DIrector of PlannIng. Any SignIfIcant change In the approved concept shall be subJect to PlannIng CommiSSIon ReVIew. ConstructIon shall be In substantIal conformance WIth the plans submItted or as modIfIed by tne PlannIng CommISSIon, ArchItectural ReVIew Board, or DIrector of PlannIng. (5) The rIghts granted hereIn shall be effective only when exerCIsed WIthIn a perIod of one year from the effectIve date of approval. Upon the wrItten request of the applIcant, the DIrector of PlannIng may extend thIS perIod up to an addItIonal SIX months. - 14 - (6) The appl~cant shall comply wIth all legal reqUIrements regardIng prOVISIons for the d1sabled, 1nclud1ng those set forth 1n the Ca11fornia Adm1n~stratlve Code, Tltle 24, Part 2. (7) F1nal parkIng area layout and speclflcatlons shall be subJect to the reVIew and approval of the Parklng and Trafflc EngIneer. The ParkIng and Trafflc Eng~neer shall partIcularly reVIew the need for approprIate on-slte traffIc and parkIng Slgnage, undulators or other safety features on the SIte. and for project (8) Refuse areas, storage areas and mechanlcal eqUIpment shall be screened In accordance wi th Sec. 9ll7J. 2-4 (SMMC) . Refuse areas shall be of a SIze adequate to meet on-SIte needs. (9) 'rhe operatIon shall at all t1mes be conducted 1n a manner not detr1mental to surroundlng propertIes or reSIdents by reason of llghts, n01se, actIv1tles, park1ng or other act1ons. ( lO ) No nOIse gener aCIng compressor s or eqUIpment shall be placed adjacent to reSldentlal bUlldlngs. other such neighborlng (11) A secur1ty plan Shall be approved by the ChIef of PolIce pr lor to lssuance of a CertIficate of Occupancy. - 15 - (12) ProJect deslgn shall comply w~th the bUllding energy regulations set forth ln the Callfornla AdmIn~stratIve Code, Tltle 24, Part 2, (Energy Conservation Standards for New Resldentlal BUlldlngs), such conformance to be verIfied by the aUllding and Safety DIVIsion prlor to lssuance of a BUIldlng PermIt. (l3) Openable Windows Shdll be provIded throughout the proJect, ln a manner conSIstent w~th applIcable bUlld~ng code and energy conservatIon reqUIrements. (14) The eXIstIng drIveways and aprons located at the slte shall be removed and the ex~stIng curb cuts replaced WIth standard curb and gutters per the speclflcatlons of the Department of General SerVIces. (15) Street trees shall be maln ta~ned , relocated or prov Ided as requIred In a manner conslstent WI th the Clty'S Tree Code (Ord. 1242 CCS), per the specIfI- catIons of the Department of RecreatIon and Parks and the Depar tmen t of General Serv lces. No street tree shall be removed wlthout the approval of the Department of RecreatIon and Parks. (16) Street and/or alley llghtlng shall be provIded on publlC rIghts-of-way adJacent to the proJect If and as needed per the specIfIcatIons and WIth the approval of the Department of General Services. - 16 - .. (17) A Park and Recreatlon Facllltl.eS Tax of $200.00 per hotel room shall be due and payable at the t1me of lssuance of a bU11dlng permlt for the constructlon of the hotel rooms on the subJect lot, per and subJect to the provls1ons of Sect10n 6670 et seq. of the Santa Monlca Munlc1pal Code. ( 18) In accordance W1 th the proll 1510ns of Ord lnance 1319 (CCS), appllcat10n for a Condltlonal Use PermIt shall be requlred for the proposed alcohol outlet uses at the slte, 1nclud1ng the two proposed restaurants. Prepared by: Paul J. Sllvern, Dlrector of Plannlng D. Kenyon Webster, Act1ng Manager, Program and POI1CY Development D1V1S1on Communlty and Econom1C Development Department Attachments: 1) 2) 3) 4 ) 5 ) 6) 7 ) Supplemental EIR Resolutlon ApplIcantls letter of appeal Mayor Reedls letter of appeal 4/15/85 Plannlng Commlsslon staff report ProJect plans Flnal Supplemental EIR Other envlronmental documentatlon .. - 17 -