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SR-12-A (29) / ~(J?--&t7t ./~ ir1ri 4 ;;7 ~ f C/ED:SF:AS:nh Council Mtg: July 14, 1987 Santa Monica, California TO: Mayor and City council l;z-A AUG 1 1 1981 FROM: city Staff SUBJECT: Appeal of Planning Commission Denial of Development Review 379, 2902 Pico Boulevard and 2247 29th street, Demolition of Existing Vacant Single-Family Home on an R2A Lot to Allow 9,000 Sq. Ft. of Additional Parking for the Adjacent McDonald's Restaurant. Applicant/ Appellant: McDonald's Corporation. INTRODUCTION This report recommends that the city Council deny the appeal of the applicant and deny Development Review 379 for the demolition of a vacant single-family home to permit additional parking for the adjacent McDonald's restaurant. The Planning commission denied the project by a 4-0 vote on May 18, 1987. The applicant is appealing that decision (Attachment A) . BACKGROUND The 9,000 sq.ft. parking lot addition is proposed for a 60' x 150 I R2A site on the east side of 29th Street adjacent to the McDonald's restaurant located at the southeast corner of Pico Boulevard and 29th street in the pico Corridor Land Use District. The proposed parking lot would increase the number of parking spaces for the restaurant from 23 to 39 spaces. No restaurant expansion is proposed. Ingress and egress will continue to be 12-ff AUG 1 1 1987 limited to pico Boulevard. Landscaped strips as well as concrete block walls would be constructed to screen the parking lot from "' - 1 - -/,;It )Jdl141981 .. ;' the adj acent residences. The proposal also includes replacing the existing speaker boxes with a menu board containing the speaker inside the board. A more detailed project description is provided in the May 18, 1987 Planning commission staff report (Attachment B). The Planning Commission's statement of Official Action is contained in Attachment c. The applicant originally filed for approval of this parking lot in 1982. The Planning Commission denied the application in that it would reduce the availability of residential uses, be inconsistent with Ordinance 1220, and would further expose surrounding residences to commercial activity. The proj ect was administratively denied in 1985, directing the applicant to file for Development Review. In December, 1986 the proj ect was again before the Planning Commission. Motions to both approve and deny the project failed and the project received a technical denial. A more detailed background history is contained in Attachment B. Sunset Park Associated Neighbors (SPAN) has opposed this plan since 1982. On April 6, 1987 SPAN adopted a resolution stating their opposition to the parking lot expansion and to any other commercial project that intrudes into the surrounding residential neighborhood. ANALYSIS A number of concerns were raised by the Planning commission at the December, 1986 public hearing. Although the project is - 2 - ... consistent with the R2A zoning, the Commission felt that additional trash enclosures and trash pick-up needed to be provided, delivery hours limited, the decible level of the speaker system limited and that on-site parking for employees should be specified in order to mitigate the impact of the fast food use and expanded parking lot on the neighborhood. None of these concerns were addressed by the applicant at the May 18 hearing. The Commission found at the May 18 hearing that the project was incompatible with the surrounding neighborhood in that the parking lot would intrude more deeply into the residential neighborhood than the surrounding commercial uses. The parking lot expansion f which would increase parking beyond the Code requirements f could potentially allow future expansion of the restaurant. The Commission further found the proposal to be inconsistent with Land Use Element Obj ecti ve 1.2, which encourages "compatibili ty of adjacent land uses, with particular concern for protecting residential neighborhoods. II In addition, the parking lot expansion is inconsistent with pOlicy 1.2.4 which requires limiting, controlling or otherwise mitigating the impact of a fast food use on the surrounding neighborhood. Essentially, the parking lot expansion would allow McDonald's to more easily accommodate patrons, thereby increasing the activity at the restaurant and increasing the impact of the use on the surrounding residences. - 3 - ~ COUNCIL CONSIDERATION In acting on this appeal the City Council may: 1) deny the appeal and deny Development Review 379 with the findings contained in the May 18, 1987 Planning commission staff report or with such other findings as it deems appropriate; 2) uphold the appeal and approve the project with such findings and/or conditions as it deems appropriate; 3) otherwise approve, conditionally approve or deny the project as it deems appropriate. BUDGET/FINANCIAL IMPACT The recommendations presented in this report do not have a budget or fiscal impact. RECOMMENDATION staff respectfully recommends that the city Council deny the appeal and deny Development Review 379 with the findings contained in the May 18, 1987 Planning commission staff report. Prepared by: Amanda Schachter, Assistant Planner Suzanne Frick, Principal Planner city Planning Division Community and Economic Development Department Attachments: A. Letter of Appeal by McDonald's corporation. B. May 18, 1987 Planning Commission staff Report. C. May 18, 1987 Planning Commission statement of Official Action. D. Project Plans. SF:AS:nh PC/CCDR379 06/23/87 - 4 - A+J.o.-chl'Y1eYl+ A ~ NE:W YORK OFFICI( 330 PwtADISON AVEliuE IIlIItW ....ORK NEW VORl< 100r7 1,2l.i!) 3:10..S000 T[l.E:< -4Z3913 C:A9L.E: HO-lholJANG tE:~ECOP'1 E:q Iz.2J &1IS1 Z314 SHEA & GOULD CITY OF St:. -.- ~r.teHf,~~" 'NCWO'NO ..RO.US,O..... COR"OR..nONS, CITY Pl A~~~, :~8~fiQ~UE OF THE STARS-SUITE: 500 "87 MAY 19 LOS ~llI.GELES. CALIFORNIA 90067 P4.JI C2131277'1000 "'-BAN'f Ol'"F CE UI W....S...HNGTOfrll Avt:....UE AL!lAtr.ry NEW YO"''' 12:2'10 ~'8l oft.4.'9-332"O TE~COPIER ISI8) 4Q9-5BIZ W"'SHINGTO"'. be OFF'ICE 1827 K STA ~ET N W. WASttINGYO..., a C 20008 (202) 833.9850 CADL..1t ""RGO TEL~COPI ER' ~2'02) 833 IDei! TELEX 910490-2597 C....SLE'SMEGOU TELECOPIER 12131 553-4647 BR"'DENTON O~F"ICIE: 130' SUtT+i .AV':N UE wES"t .R....OENTON. FLOlillQJ&. 3.J50S 18\3\ 747-3025 MIAMI OF'FICE: 801 BRICKELL AVI!NUIt ..........1 ~L.ORIDA 33131 13051 372 2000 ""I.IECOPIER UQ51 372--205& LONDON 3'7 PA~I( STAIt(T LONDON WIY 3HG EHGLA""IO 0'......93..85J3 TEI-e:x Z61iJ1488 May 19, 1987 Ms. Suzanne Frick Principal Planner Santa Monica Planning Dept. 1685 Main Street Santa Monica, CA 90401 Re: McDonald's, 2902 West Pico Bouleva!d, Santa Monica Dear Suzanne: On behalf of McDonald's, I hereby appeal the decision of the Plann1ng Comm1ssion to the City Council. Enclosed herein is a oheck, payable to the Clty of Santa Monica in the amount of $75.00. Thank you for your cooperation in th~s matter. Very ~urs, ~? Douglas R. R1ng of SHEA & GOULD Attorney for McDonald's DRR: sr Ene. ( ( A -I+a..cJ, n.1 en+ -17 A CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM DATE: May 18, 1987 TO: The Honorable Planning Commission FROM: R. Ann Siracusa, Director of Planning SUBJECT: DR 379, C4, R2A, Demolition of Existing Vacant Single-Family Home on an R2A Lot to Allow 9,000 Sq.Ft. of Additional Parking for the Adjacent McDonald's Restaurant. Address: 2902 Pica Boulevard 2247 29th street Applicant: McDonald's Corporation SITE LOCATION AND DESCRIPTION The subject property is composed of a 19,650 sq. ft. C4 parcel and a 9,000 sq. ft. R2A parcel located on the southwest corner of pico Boulevard and 29th Street. Surrounding uses consist primarily of single-family homes along 29th street and 30th street and one- and two-story general commercial uses along Pica. A convalescent home is located on the west side of 29th street across from 11cDonald' s. A bvo-story apartment building on 30th street is located to the east, adjacent to the R2A lot. Zoning District: C4, R2A Parcel Area: 19,650 Sq.Ft. (C4), 9,000 Sq.Ft. (R2A) PROPOSED PROJECT McDonald's Restaurant proposes to expand their existing surface parking facility by 9,000 sq. ft. by demolishing a vacant single-family home located at 2247 29th street. The restaurant currently has 23 parking spaces; 3 existing spaces will be removed and 19 additional spaces will be provided for a total of 39 parking spaces. One handicapped parking space is included. No restaurant expansion is proposed. Ingress and egress will remain limited to Pico Blvd. The 3 ft. high wall located along 29th street will be continued along the R2A lot's frontage. A 6 ft. high concrete block wall will be constructed along the south and east side of the R2A lot and the east side of the C4 lot. A 10 ft. wide landscaped strip will be located at the parking lot's southern edge. A 20 ft. wide landscaped strip planted with trees will be located at the west side, and a 19' -6" wide strip also planted with trees will be located at the lot's east side. In - 1 - ~~. ~-........ ( ( addition, a new menu board, with the speaker located inside the board, will replace the existing speaker boxes. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A. CEQA STATUS This project is categorically exempt from the prov~s1ons of CEQA, Santa Monica Guidelines for Implementation, Class 1(1). ANALYSIS Background The McDonald's Corporation originally filed for an Interim Development Review (DR 081, Change of Use, Dwelling to Commercial Parking Lot) and for a Parking Variance (Z.A. 4546) in 1982. Although at that time the Municipal Code permitted parking on R2A lots, an Interim Development Permit was required for the change of use from residential to parking. The Variance was necessary to permit parking in the front setback. This plan proposed locating a driveway on 29th Street and provided only a 6 ft. landscaped buffer at the south end of the lot. It did not include landscaping at the western end, walls around the perimeter of the lot, and trees to additionally screen the parking from the residences. The Planning Commission denied the application on June 7, 1982 in that it would reduce the availability of residential uses and be inconsistent with Ordinance 1220, and would further expose surrounding residences to commercial activity. In 1983 the McDonald1s Corporation filed an Interim Development Permit and a Conditional Use Permit (DR 129, CUP 335) for a 645 sq. ft. addition to the restaurant to accommodate restrooms, a walk-in freezer and a larger take-out booth. The application was approved with specific conditions imposed to control littering and employee parking on the residential streets (Attachment B) . In 1985 the McDonald's Corporation filed an Administrative Approval application (AA 204) to use the R2A lot for parking. These plans eliminated the driveway on 29th street and provided additional landscaping as well as the concrete block perimeter wall. AA 204 was denied, directing the applicant to file for Development Review. The Planning Commission reviewed the application in December 1986 (DR 345). This plan was fundamentally identical to the current application with the exception of a 611 wider landscaped buffer at the parking lot's east side. This has been narrowed to accommodate wider parking stalls as required by Parking and Traffic. - 2 - -I -"' .......~.....,.... .. ( ( A motion to deny the project in that the physical location of the parking lot was not compatible with the surrounding neighborhood, that the parking lot would allow commercial activity to intrude more deeply into the residential neighborhood, and that additional parking could permit expansion of the restaurant failed. A second motion to approve the project with additional conditions on trash enclosures, delivery hours, specified on site parking for employees and limiting the decibel level of the loud speaker also failed. Since neither motion received a majority, the project was automatically denied. Analysis As noted, the project is essentially unchanged from the previous proposal. The applicant has not revised the plans to comply with the Planning commission I s concerns regarding assigned employee parking, trash enclosures, littering and the noise level of the speaker boards. Sunset Park Associated Neighbors (SPAN) has opposed this plan since the initial application. At their General Membership meeting on April 6, 1987 SPAN adopted a resolution stating the~r opposition to this plan or any other expansion that intrudes into the surrounding residential neighborhood. (Attachment C) The project is inconsistent with Land Use Element Objective 1.2 which encourages "compatibility of adjacent land uses, with particular concern for protecting residential neighborhoods" and with Policy 1.2.4 which requires limiting, controlling or otherwise mitigating the impact of a fast food use on the surrounding neighborhood. Conclusion As proposed the project is not compatible with the surrounding neighborhood and imposes further commercial intrusions into the residential area. RECOMMENDATION It is respectfully recommended that DR 379 be denied with the following findings: FINDINGS 1. The physical location and placement of proposed structures on the site are incompatible and do not relate harmoniously to the surrounding sites and neighborhoods in that the parking lot would intrude Inore deeply into the residential neighborhood than the surrounding commercial uses and that the parking lot could potentially allow future expansion of the restaurant. - 3 - . -# c ( 2. The proposal is inconsistent with the objectives and policies of the Land Use Element in that the parking lot expansion increases rather than mitigates the impact of the existing fast food use on the surrounding neighborhood. Prepared by: Amanda Schachter, Assistant Planner AS:nh DR379 05/04/87 - 4 - ..... . .. It ( ( ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Land Use Category Municipal Code Element Project Permitted Use Parking Lot/ Same as Parking Lot Low Density Municipal Code MUlti-Family Residential Height 2 stories/30' Same as Municipal Code Setbacks Front yard 20' Same as 20' Municipal Code Sideyard 5' Same as 10' Municipal Code Rearyard 15' Same as 19'-6" Municipal Code Parking 13 spaces Same as 39 spaces total (l/every Municipal Code (19 new spaces) 5 seats) - 5 - - ....... . ......... [ ( ATT ACH M E.J\jT B CITY PLk'rnING DEPARTMENT CITY OF SANTA HONICA M E M 0 RAN D U ~ DATE: May 16, 1983 TO: Honorable Planning Commission FROM: Planning Staff SG3JECT: DR 129 and C.U.F. 335, 2902 Pico Blvd., Additions to McDonald's Restaurant, C4. This staff report serves as an addendum and update to the February 7, 1983, staff report on this project. Background. A public hearing was held on this item at the February 7, 1983,Planning Commission rneet1ng. During the hearing, concerns were ralsed 1n regard to n01se, 11tter, employee parking on residential streets, traffic congestlon, and lack of parking lot screening. The Commission voted to defer action on this case untl1 solutlons to the sound and litter problems, an enforceable employee parking program, and parking lot screening along 29th Street were addressed in a resubmittal. Analysis. The applicant has submitted a revised proposal in response to the noted concerns. While the proposals will not solve all of the proble~s, staff believes that the mitigating steps, along with staff conditlons, will reduce the existing problems and be of benefit to the surrounding neighborhood. Recommendation. It is respectfully recommended that Development Revlew 129 and Conditional Use Permit 335 be approved with the following f1ndings and condit1ons: Findings. 1. The development is consistent with the flndings and purpose of Ordinance 1251. 2. The proposed plans comply with exist1ng regulations contalned in the Municipal Code. 3. The existing and/or proposed r1ghts-of-way for both pedestrlan and automob11e trafflC wlll be adequate to accommodate the ant~clpated results of the proposed development including off-street parking facilities and access thereto. 4. The existlng and/or proposed pub11c and/or prlvate health and safety facillties (includlng, but not limlted to, sanltatlon, sewers, storm drains, flre protection devlces, protectlve serVlces, and public ut111ties) wl11 be adequate to accommodate the antic1pated results of the proposed development. - .. ..~~~~~ ~ . f / ~ ( -2- ( 5. The proposed development will not prejudice the ability of the City to adopt a revised land use element. 6. The proposed use and location are in accordance with good zoning practice, in the public interest and necessary in order that substantial justice be done. Conditions. (These conditions supercede those in the February 7, 1983, staff report.) 1) That a modified exterior sound system be installed as proposed in the February 24, 1983, l~tter from Daniel Grossberg of A to Z Sound Service, Inc. and the March 31, 1983, letter from Richard Ward of McDonald's corporation. (on file) 2) That the hours of operation of the drive-through window be limited to 7:00 a.m. to 9:00 p.m. seven days a week. 3) That McDonald's employees police for litter twice each business day on the south side of Pico Blvd. from 28th Street to 30th Street and on both s~des of 29th Street south from Pico Blvd. at least one-half the distance to Pearl street. 4) That McDonald's employees use McDonald's parking facilities and not park on-street. 5) That the Arch~tectural Review Board review the need for and the practicality of park~ng lot screening along Pica Blvd. and 29th Street as part of the required architectural review of the project. 6) That the restaurant and parking area be operated in such a way as to not be detrimental to the public health, safety or welfare. 7) Under Resolution Number 6385(CCS), a development fee of $525.35* would be required in connection with the approval of this project. The City of Santa Monica is currently enjoined from enforcing the provis~ons of such resolution relating to fees. If the City of Santa Monica prevails in the case of United ~rotherhood of Carpenters and Joinders of America, ~t al~ v. City of Santa Monica, et al., Los Angeles Super~or Court, Case NUmber WEe 069227, such fee (or any lesser fee required by any subsequently adopted ordinance) shall be due and payable with~n 90 days of the date that C~ty of Santa Monica 1S no longer subject to such ~nJunct1on. *This is computed as a 1.5% Arts and Social Services Fee based on 645 sq.ft. of Type IIIN construction at $54.30 per sq.ft., totaling $525.35. Respectfully submitted, ~J~ Richard Mills Assistant Planner RM:nh -~