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SR-12-A (36) , fc'Z .r~CJ 2' /:1. -4 JUL 2 5 1989 C/ED:PB:DKW:LM council Mtg: July 25, 1989 Santa Monica, California TO: Mayor and City Council FROM: City staff SUBJECT: Appeal of Planning Commission Denial of a Proposed Two Story/3D', 76,074 Square Foot Retail Commercial Center to be Located on the Northwest corner of pico and Cloverfield Boulevards. Applicant: schurgin Development Corporation. Appellant: Law Offices of Lurie & Hertzberg, Attorney for the Schurgin Development corporation. 2233 ~CD INTRODUCTION This report recommends that the city Council uphold the Planning Commission's denial of Development Review (DR) 432, conditional Use Permits (CUP) 500 and 501, Variances (ZA and VAR) 5304-Y and 89-008 and Environmental Impact Report (EIR) 850 per the findings contained in the Planning Commission statement of Official Action dated May 3, 1989 (Attachment B). The Planning Commission denied the proposal by a vote of 4-1. The law offices of Lurie and Hertzberg are appealing that decision on the applicant's behalf (Attachment A). BACKGROUND On June 24, 1986, the City and the schurgin Development corporation entered into an agreement for city participation in the development of a retail commercial project of approximately 65,000 square feet, including a full service grocery market, to be located on the northwest corner of Pico and Cloverfield - 1 - /2-A JUL 2 5 1989 Boulevards. The market, per the agreement, was to have a minimum of 10,000 square feet of sales area. The City's contribution to the project would be the lesser of 50% of the sales tax generated by the project, or $300,000 as follows: Year 1--$100,000 Year 2--$ 80,000 Year 3--40% of the sales tax receipts from the previous year. Year 4--30% of the sales tax receipts from the previous year. Year 5--20% of the sales tax receipts from the previous year. Year 5--10% of the sales tax receipts from the previous year. In exchange for the City's annual contribution, the developer would agree to a minimum five year lease with a full service grocery market operator. The developer would also refund the City's entire contribution to the pico Neighborhood during years 7-10 of the project. A more complete description of the Agreement can be found in Appendix F of the Final EIR. The agreement was contingent upon the purchase of the property by the developer, and the developer entering into a minimum 5 year lease with a tenant to operate a full service market. Both the purchase of the property, and the execution of the lease would have to be accomplished by July 1, 1989. The agreement also clearly stated that any project contemplated by the developer is subj ect to the City's normal planning process, which process includes environmental review as well as review by the Planning Commission. (Section 9.) - 2 - ~ The subject proposal was considered by the Planning Commission on May 3, 1989. The project was denied based on findings that the CUP to permit the encroachment of a commercial use into a residential district and variances to permit the proposed building to encroach into required front and rear yard setbacks on the residentially zoned parcel were not appropriate. Furthermore, the Commission found that the project could be redesigned so that the CUP and variances were not necessary. The Planning Commission also found that the proposed amount of floor area devoted to fast food restaurant uses was too extensive, and that the proposal to grant a blanket CUP to serve alcohol was inappropriate. The Planning commission took no action on the project EIR. PROJECT DESCRIPTION General Plan Land Use Policy 1.6.6 permits a 1.5 FAR and 2 story/30' maximum height limit by right, and a 2.0 FAR and 3 story/45, height limit with site review for properties within the Pico Corridor between 21st and 31st streets. The subject proposal has an FAR of .98 based on 76,704 square feet of floor area, and a parcel size of 77,707 square feet (the R2 portion of the site is not counted toward maximum FAR), and a 30' height limit to the top of the roof. Surface level and subterranean parking will be provided for 352 cars. The following floor area breakdowns are proposed: Retail: 31,519 square feet. Market: 16,350 square feet Fast Food: 12,000 square feet - 3 - Restaurant: 8,000 square feet Exterior Corridors: 8,205 square feet A Development Review permit, per ordinance 1321, is required in that the proposed development is over 15,000 square feet. A CUP is required to permit the proposed building to be constructed on a residentially zoned parcel. A CUP is also required to permit the on-site sale of alcohol in the 20,000 square feet of fast food and restaurant space, and the off-site sale of alcohol in the grocery market. variances are required to permit the proposed building to encroach into the front and rear yard setbacks of the residentially zoned parcel, and to allow the use of compact parking spaces. A more detailed description of the project may be found in the Planning Commission staff report dated May 3, 1989, and included as Attachment C of this report. ANALYSIS The Planning Commission found that the granting of a CUP to allow the establishment of a commercial use on a residentially zoned parcel resulted in the unnecessary loss of a parcel that could potentially support 25 residential dwelling units. The commission felt that to find otherwise wwould be inconsistent with City policy regarding the preservation and use of residentially zoned land. - 4 - The proj ect developers contend that the City is obligated to approve the project as submitted, in that the need to use the R2 zoned parcel was known at the time the agreement was negotiated. The June 24, 1986 staff report to the Council on the agreement, contained as Appendix F of the Final EIR, indicated that a Conditional Use Permit would be necessary to conduct the proposed use on the R2 portion of the site. As mentioned above, however, the staff report further stated that "approval of the agreement did not constitute project approval, which would remain at the discretion of the Planning Commission or City Council on appeal. II A maj or issue was raised by the Planning Commission regarding the point at which a project requires environmental analysis. The Commission felt that prior to City approval of the Agreement, at which time an overall development concept had been set, an Initial study or EIR should have been prepared. The actual environmental analysis for the project as proposed, however, did not begin until over two years had elapsed, once a development application was submitted. The Commission felt that the intent of CEQA may have been compromised. The Planning commission took no formal action on the project EIR, however, staff recommended that it be certified. The Commission chose not to take any action on the EIR since the proj ect was being denied. Another maj or concern raised by the public and the Planning Commission related to the lack of a specific operator for the market. The neighborhood residents felt that since no major - 5 - operator had been obtained, the possibility of finding an adequate one at this point in the process was minimal. In addition, the Agreement between the City and Developer, required that a lessee for the market be obtained by July 1, 1989. As of this time, there have been no indications from the developer that a tenant for the market has been obtained. BUDGET/FINANCIAL IMPACT The recommendation presented in this report would have the fiscal impact of eliminating the city's $300,000 obligation to the Developer as required under the agreement if a market was developed. Conversely, upholding the appeal, and reversing the Planning Commission's determination, could result in the need to honor the monetary obI iga tion as outl ined in the agreement, if the Developer has met their obligations under the agreement. RECOMMENDATION It is respectfully recommended that the Council uphold the Planning commission's denial of DR 432, CUP 500 and 501, Variances 5304-Y and 89-008 and EIR 850 with the findings contained in the Planning Commission statement of Official Action dated May 3, 1989. The Council may reverse the Planning Commission's determination, or conditionally approve the proposal as it sees fit. Under Ordinance 1321, Section 4(b) the Council on appeal shall approve, conditionally approve or disapprove the application. If the Council determines that it wishes to overturn the Commission's - 6 - denial, it is recommended that staff be directed to return to council with findings and conditions based on Council's discussion at the hearing. Prepared by: Larry Miner, Associate Planner D. Kenyon Webster, Principal Planner Paul Berlant, Director of Planning Attachments: A. Agreement B. Appeal Letter dated May la, 1989. C. Planning Commission statement of Official Action dated May 3, 1989. D. Planning Commission staff report dated May 3, 1989. E. Final EIR and Response to Comments F. project Plans PC/CCDR432 07/14/89 - 7 - /'" ~ ir .' .4j/ CONTRACT NO. 4699(CCS) , ~,~ C ~~,! ~:~::!! ') - .1. _ _ , I .~_"':I" .. ........... ~ __ I AGREEMENT THIS AGREEMENT, entered Into ....,.S1fL q,;; 17 P 3 :m this 1::L.:-- day of June, ," --. SANTA MON1CA,a munIcIpal 1986, by and between the CITY OF corporation (here Inafter "CIty"), and SCHURGIN DEVELOPMENT CORPORATION, a CalIfornia corporatIon (hereinafter "Developer"), 15 made WIth reference to the follOWing: R E CrT A L S: -- A ~ City 15 a mun IC i'pa 1 corporation duly o~ganlzed and eXisting under the laws of the State of CalIfornia With the power to carryon ItS bUSIness as 1 t IS now be lng conducted under the statutes of the State of California and the Charter of the City. . B. City IS Interested In faCilitating the development of a Full ServIce Market, as defIned In thIs Agreement, In the PIca Neighborhood. The development of a Full Service Market In the Plea NeIghborhood 15 necessary to prOVIde essentIal servIces and 15 In the best Interests of the City. _.. lI1i1llA~......! LJ..n......~"~~iV.....,......Y':. C. Developer 15 Interested In developing a Full Service Market on property located In the PICO Neighborhood If CIty prOVides certain finanCial Incentives as set forth In thIS Agreement to assIst In the economIC feaSibilIty of the Full Service Market. NOLI, THEREFORE, 1 t 15 mutually agreed by ~nd between CIty and Developer ~s follows: 1 SECT I ON 1. PROPERTY. The subject property consIsts of 2.25 acres, located 1n the PIca NeIghborhood at PICD Boulevard and CloverfIeld 1n Santa MonIca (the uProperty"). The Property IS presently owned by Smert & Ir15 CorporatIon and 15 de6crlbed In ExhIbIt A. Develop~r has obtaIned ~n option to purchase the Property. SECTION 2. DEF I NIT 1 QNS . For purposes of thiS Agreement, the follOWIng words or phrases shall have the follOWing meanIngs: (a) PICa Neighborhood. The area bounded by Coloredo Avenue on the North, LIncoln Boulevard on the West, PICO Boulevard on the South, and the CIty boundary on the East. (b) Full ServIce Market. A market WIth eIther a sales area of not Jes5 than 10,000 square feet or an overall area of 14,000 square feet. The market shall offer for sale fresh meats, produce, and other grocery and related Items. At discretIon, CIty may approver smaller sales or overall City's area for the market. The market WIll be a portIon of a larger .......t.T~--'lO'-retaiI development on the Propety ("Project"). SECTION 3. QEVELOPMENT OF PROPERTY. The oblIgatIons of City under thIS Agreement shall arIse only upon the occurrence of each of the follOWing condItIons on or before July 1, 1989: (a) Purchase of the Property by Developer. (b) Developer enterIng lnto a lease wlth a tenant to operate a Full Service Market. The lease sha 11 be for a 2 mInimum term of five years ( "M I n I mu m the Full Service Market commence~ oper8tIon and public e'Openlng Date"). SECTION 4. SAL~~ TAX PARTI~IPATlON. City coven8nts and agrees to make payments to not to exceed $300,000.00, as follows: (a) SIX months from the Opening Date of the Service Market (t1Flrst Payment Date"), the amount $100,000.00. (b) One year from the FIrst Payment Date, the amount of $80,000.00. (c) Two years from the First Payment Date, an amount equal to 40% of the CIty's allocation of the sales tax from the PrOject for the Reporting PerIod. (d) Three years from the First Payment Date, an amount equal to 30% of the Clty.S allocation of the sales tax from the Project for the ReportIng Period. (e) Four years from the Flrst - ~~ ~ :l.:P'IU~ ~eque I . -.t 0 . 2 0 % 0 f the C 1 t Y I 8 ell I 1 0 cat Ion Payment 08te, an amount of the sales tax from the Project for the ReportIng PerIod. (f) Five years from the FIrst Payment Date, an amount equal to 10% of the CIty's allocation of the sales tax from the Project for the Reporting PerIod. Except as provIded In thIS Agreement, the payments reqUIred by thiS Section shall be unconditIonal and shall be made Without notIce, demand, or setoff. 3 If operation of the Full SerVice Market 15 d15contlnued, the schedule of payments provided for In this Section may be extended for ~ period of not mO~e than 18 months 50 that Developer may attempt to resume operations of a Full Service Market. In the event operation of e Full ServIce Market 15 resumed, the Minimum Period shall be extended by a pertod equal to the period of such extension. For purposes of thiS Sect lon, "Report lng Perlodlt 5hall mean the four preceding State Board of Equalization quarterly reports of sales tax allocation receIved by the City from all ~ retail sales activIty on the Property. ReportIng period shall not Include any perlod prlor to the opening of the Full ?erVICe Market) any period follOWing the end of the Minimum Period, or any period the Full Service Market IS dIscontinued. ( At Developer's request, City shall provlde Developer with 7. acces:!> to any documentatIon relied upon by CIty to make determinations of payments under this Agreement. For purposes of thIS Agreement, the operation of a Full Service Market sha 11 not be conSidered discontinued I fIt 15 closed for 4IP -4.4.....t~ J.......,::i,.r,t#8tn1il ~................... _.......,.,._ ......... normal ho lldays, annual InventorIes, necessary repaIrs or remodellIng, es ~ result of condemnatIon, destruct lon, casualty, or during any period of retoratlon thereafter, or any other reasonable Inter~uptlon due to events beyond the control of Developer or Full Servlce Market. 4 SECTION 5. TERMINATION OF CITY PAYMENTS. If dunng the MInImum PerIod the operatIon of a Full SerVIce Market IS dIscontInued and re-rented to ~ tenant for 8n alternatIve use for a perIod totallIng more than one year, CIty'S payments under SectIon G of 4 thl~ Agreement shall ImmedIately termInate. SECTION 6. REPAYMENT BY OEUELOPER. WIthIn one year after the end of the MInImum PerIod, or WIthIn one year of the date the CIty'S payment oblIgatIon IS ~ termInated pursuant to SectIon 5 of thts Agreement, CIty shall provIde Developer WIth a wrItten statement of all sales tax allocated from the Project durIng the perIod the Full SerVIce Market was operated durIng the MInImum PerIod. If the CIty'S total payment to Developer under SectIon 4 of thIS Agreement was greater than 50% of such sales tax allocatIon, Developer :sha 11 pay to CIty the dIfference between CIty'S payment and 50% of the sales tax allocatIon. If the CIty'S total payment to Developer under SectIon 4 of thIS Agreement IS less than -...... -.. -^ -..---- '5 0 % - 0 of 5 U c Ii 5 ale 5 t a x all 0 cat Ion, C I t Y 5 Ii all pay toO eve lop e r - the dIfference between CIty'S payment and ?O% of the sales tax allocatIon, except that In no event 5hall CIty'S total of payments to Developer exceed $300~OOO.OO under thIS Agreement. Developer's payment to CIty shall made WIthIn 60 days of such wrItten statement, but no earlIer than SIX months after the MIntmum PerIod or TermInatIon Date. CltY'5 payment to Developer sha 1 I be made WIthIn 60 days of such wrItten statement. ? SECTION 7. PICO NEIGHBORHOOD CONTRIBUTION. Developer shall provIde grants to ~rtl5ts and non-profit organizations, selected by Developer and approved by the City, provIding art, gro!lffltl remova I} or other beautifIcation programs In the Pica Neighborhood of the City. The grants sha 11 be In an amount equal to City's total payment receIved by Developer under Section 4 of thiS Agreement less any repayment requIred of Developer under Section 6 of thIS Agreement. The grants shall be made accordlng to the follOWing schedule: (a) SIX years from the First Payment Date, an amount not less th~n 10% of the obllgatlon under thiS SectIon. (b) Seven years from the First Payment Date, an amount not less than 20% of the obllgatlon under thiS Section. (c) Eight years from the First Payment Date, an amount not less than 30% of the obltgat Ion under thiS Section. (d) NIne years from the First Payment Date, an amount not less than 40% of the oblIgation under thiS Section. If In any year Developer makes grants In excess of the If 11 ll~ I 4_1 'U ~ 1,.. ~ .....'_JI~'lf...~ -I; ....~r._ amount required, Developer may take a credIt age Ins t any subsequent year payment In the amount by which the actual grant exceeded the requIred grant. In the event the Minimum Period 15 extended as prOVided for In SectIon 4} the schedule of payments prOVided for In thiS Section shall be extended by the period of the extenSion of the Mlnlmum Period. 6 SECTION 8. ASSIGNMENT. Developer m~y assign thIS Agreement wIthout epproval of CIty if the assignee assumes the obligatIons of thIS Agreement In writing and If the assignee IS e partnershIp, corporation, trust or other entity In which Developer, Mark A. Schurgln, Rosalyn Jonas Schurglnt or any Developer AffIlIate retains suffICient operational and menagerlel control to assure that Developer's obligations hereunder are fulfIlled. For purposes of this Agreement, a Developer AffIliate means any partnershIp, corporatIon, trust, or other entity In which any of Developer. IndiVidually Or Mark A. Schurgln, Rosalyn Jonas Schurgln or controls, directly or collectively own ~Indlrectly, a maJority Interest. SECTION 9. APPROVAL PROCESS. The development of the Property shall be subJect to the CIty's normal development approval process. CIty will use Its best efforts to expedIte, cooperate, end assist DeveLoper In the processing of the development ~ppllcatlon. :'a.lIJ:.II".""'I~::!.L,,' ~ r f ~'iI"''\..._ -' l'I.....~_~-1O_~_~_ . 7 SECTI ON 10. OFF-SITE IMPROVEMENTS. The off-sIte Improvements descrIbed In ExhIbIt B shell be performed by end be the fu I 1 responSIbility of the Developer. Developer shall not be responSible for any other off-SIte Improvements as a condItIon of development of the ProJect. SECTI ON 11. NOTICES. All notices, demands, requests, or approvals to be gIven under thIS Agreement, shall be given In wrItIng and be served \ personally or by UnIted States mall, postage prepaId and return receIpt requested, addressed as hereInaFter prOVIded. All notIces, demands, requests, or c!!Ipprovals from Developer to'Clty shall be addressed to CIty at: CIty of Santa MonIca 1685 MaIn Street Santa MonIca, CalIfornIa Attn: CIty Manager 90401 A I I notIces, demands, requests, or approvals from CIty to Developer shall be addressed to Developer at: ~~JMll rr'l~."""""""'~_MIN~...~--'o.r Schurgln Development CorporatIon 3425 McLaughlin Avenue, SUIte 201 Los Angeles, CalIfornIa 90066 Attn: Allen J. Lynch, ASSIstant VIce PreSIdent WIth a copy to: -PIrcher,- NIchols &. Meeks --- 10100 Santa MonIca Boulevard Los Angeles, CalifornIa 90067 8 SECTION 12. WAIVER. A waIver by CIty or Developer of any breach of 8ny term, covenant, or condItIon contaIned hereIn ~hall not be deemed to be e waIver of eny subsequent breach of the same or any other term, covenant, or condItIon contaIned heretn whether of the seme or a dIfferent character. SECTION 13. COST OF ~ITIGATION. I f any legal actIon 15 necessary to enforce any provtslon hereof or for damages by reason of an alleged breach of any provISIon of thIS Agreement, the prevat lIng party shall be entitled to receive from the IOS1ng party all costs and expenses and 5uch amount as the court may adjudge to be reasonab Ie at torneys' fees. SECTION 14. iNTEGRATED AGREEM~NT. Thl5 Agreement represents the fu 1 1 and complete understanding of every kInd or nature whatsoever between CIty and Developer and all prelImInary negotIatIons and agreements are merged hereIn. No ve r b a 1 agreement or ImplIed covenant ....."!..:!8 r - JJ B...9 _ ~~..!"'""~~,~~-~----- ~ -- ~ - ""i . -:.. -- .,...... -.... _~ , -, she 11 be held to vary the prOVISIons hereof. Any modlflcatlon of thIS Agreement shall be effectIve only If In a wrItIng executed by both CIty and Developer. SECT I ON -l15:--: RELAT I ONSH I P OF. PAPT I ES. .--:-:-- - -- ----- ThIS Agreement does not create an ~gency) partnershlp, or JOInt venture between Clty and Developer. SECTION 16. GOVEPNING LAW. 9 . . Th1s Agreement has been made and shall be construed and 1nterpreted 1n accordance wlth the laws of the State of Cal1fornHI. " 1fI...-l.LI1!II 1iI.1 ll~'ltf[. _~~"_"'""J-~~~.z..- -J:T__" 10 IN WITNESS WHEREOF the parties have caused this Agreement to be executed the day and year first above written. CITY OF SANTA MONICA, a munICipal corporation J~JJL 8y JOH~~ JALILI CIty Manager APPROVED AS TO FORM: ~\,y-.~ ROBERT M. MYERS " C 1 t Y At tor n e y - -<"--r_~ .....--.=.....,....,..,... ~.~~_ .~..,....a.._-....--......-~~-~~,,->+__ ..~'-_ _ _ --1'_____.... ~-_ SCHURG76N EVELOPMENT CORP. /~ By ,~ - ~EN J. LYNCH _ L~~ 15 ~_a~~ t ~1_ce Presl dent RMC268/ca ~ w ~ _~ J!lM!ld._~~~'--~~~r.....,..,-,...---"'-~~--"="- _____....~...__ ____ _.___..taL-:=---_-:-....--_.........._..._.-__ .........--._____.. ......_-~---~ - --- --,,-----...............----.........--...--.... 11 lJlUt Lv Li Y Il.:L\ o LURIE & HEH.Jri:'biERD' I' n~:'~ A P~OF"E5S10NAl. CO~~b~A;ION 1.AW'fERS 9'0'1 WI LSHI RE !30',jLI;;VA'\~t,SU'r}';,_ ~5q n ,~,' 1 BEVERI-Y HILLS. CALIFOR.-m 90"'lOJ5t126. , I' ~ Julf III I tlf'l. P,...ONE ~j;'13) 274-8700 OUR FILE NUMBER F'AX ~.z13) ~74.27ge SCHUPL May 10, 1989 VIA MESSENG'ER Mr. Paul Berlant Director of Planning Planninq commission for the city of Santa Monica 1685 Main street Santa Monica, California 90401 Re: Appeal by Schurqin Development companies Dear Mr. Berlant: As you are aware, we represent Schurgin Development Companies ("SOCII). SDC applied to the Planning Commission of the city of Santa Monica (the "Planning Commissionll) for a Development Review to permit construction of a two story; 75,074 square foot retail center on the northwest corner of Pico Boulevarci and Cloverfield Boulevard (the "Sitell) (DR 432); for Conditional Use Permits to allow the sale of alcohol and to permit establishment of a commercial use in a residential district (CUP 500 and CUP 501); for varian~es to permit encroachment into a required front and rear yard setback on a R2-zoned parcel and to allow the use of compact parking spaces (ZA 5304-Y and VAR 89-008), as well as for certification of EIA 850. Each of said applications was denied by the Planning co~~i~~ic~ on May 4, 1989, and the Plannln~ S~~mission dccli~cd to certify EIA 850. On behalf of schurgin Development Companies, we hereby appeal to the city Council for the City of Santa Monica ("city Council") the Planning commission's denial of the aforesaid applications on May 4, 1989, and its refusal tc certify EIA 850. The Planning Commission'S denial of said application was improper because, among other things: (1) The City of Santa :r>1onica (the lIcity") determined, after conducting a duly noticed public hearing, that 9- . Mr_ Paul Berlant May lO, 1989 Page 2 development of a retail center (including a food market) on the site was necessary and appropriate, and the City entered into an agreement with SOC, in June of 1986, under which SOC is expressly permitted to develop a commercial retail center (including a food market) on the Site, including the R-2 portion thereof~ (2) EIA 850 is in conformance with the California Environmental Quality Act, as was determined by the City Planning Division; (3) SDC's proposed project complies in all respects with the guidelines set for~h in the city's General Plan. If you require a more detailed recitation of the grounds for the instant appeal, please do not hesitate to call. At the time that we issued the instant Notice of Appeal, findings had not been prepared by the Planning Commission or by the City Planning Division and so it is quite possible that we may supplement the foregoing grounds for SDC's appeal. Enclosed is a check in the sum of $100.00 to cover processing of tha appeal. We request that the hearing on the instant appeal be scheduled as soon as possible. Very truly yours, b4.~ stephan A. Mills for LURIE & HERTZBERG SAM: go SCHUPL0589A Enclosure STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: OR 432, CUP 500 and 501, ZA 53 04-Y, VAR 89-008 and EIR 850 LOCATION: 2233 pico Boulevard APPLICANT: Schurgin Corporation REQUEST: To construct a two story/3D', 76,074 square foot retail/commercial center on a parcel of 115,832 square feet. PLANNING COMMISSION ACTION 5-3-89 Date. Approved based on the following findings and subject to the conditions below. X Denied. Other. FRONT AND REAR YARD SETBACK VARIANCE FINDINGS 1. There are not any special circumstances or exceptional characteristics applicable to the R2 zoned property in- volved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that apply to other properties in the vicinity under an identical zoning classification, in that the R2 portion of the site could easily accommodate a residential development, and provide required setbacks adjacent to all property lines. The C4 portion of the site is 77 1707 square feet in size, and could accommodate the a commer- cial building without use of the R2 parcel, thereby avoid- ing the requested variances. 2. The granting of such variance may be detrimental or in- jurious to the property or improvements in the general vicinity and district in which the property is located, in that the requested front and rear yard variances will fur- ther reduce the amount of light and air available to residents of the mUlti-family dwelling to the north. 3. The strict application of the provisions of this Chapter would not result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships, in that the R2 zoned parcel could be reverted - 1 - to a residential or open space use, and the 77,707 square foot C4 zoned parcel would still be available for development. 4. The granting of a variance will be contrary to or in con- flict with the general purposes and intent of this Chap- ter, or to the goals, objectives, and policies of the General Plan, in that there is no apparent hardship in- volved in the subject request for variance. 5. The variance may impair the integrity and character of the district in which it is to be located, in that when as- sociated with the requested CUP, it will create a burden on the adjacent residential district by allowing the fur- ther intrusion of commercial uses into a residential district. 6. The SUbject site is not physically suitable for the pro- posed variance, in that the site is zoned for residential uses, and the variance to allow a commercial structure to encroach into a required front and rear yard setback would result in the increased shading of the adjacent residen- tial structures. 7. The strict application of the provlslons of Chapter 10 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance would not result in unreasonable deprivation of the use or enjoyment of the property, in that without use of the R2 parcel, the 77,707 square foot C4 parcel is still available for development with a FAR of 1.5, or 2.0 with site Review. In addition, development of the R2 par- cel with a mUlti-family residential project is still possible. DEVELOPMENT REVIEW FINDINGS 1. The physical location, size, massing, and placement of proposed structures on the site and the location of pro- posed uses within the project are not compatible with and do not relate harmoniously to surrounding sites and neigh- borhoods, in that the proposed architectural projections reach an overall height of 551, which seems out of charac- ter with the neighborhood. In addition, the location of the commercial building on the residential parcel further increases commercial intrusion into the residential dis- trict, and results in the loss of property that could be developed residentially. 2. The rights-of-way would be congested by the accommodation of autos and pedestrians, including parking and access, in that the proposal is expected to generate approximately 18,540 vehicle trips which could negatively impact the adjacent residential neighborhoods. - 2 - 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) may not be suffi- cient to accommodate the new development, in that the pro- posed number of alcohol outlets may create problems with respect to the developer's ability to control public drunkenness, and control noisy patrons leaving the premises. 4. The project is not generally consistent with the Municipal Code and General Plan, in that a CUP is required to permit the establishment of a commercial use in a mUlti-family residential district, variances are required to allow the building to encroach into required front and rear yard setbacks on the R2 zoned portion of the site, and to allow the use of compact parking spaces. 5. Reasonable mitigation measures have been included for all adverse impacts identified in Environmental Impact Report, however, the preparation of an EIR should have commenced at the time the City and developer entered into a contract for the construction of a full service market on the sub- ject site. CONDITIONAL USE PERMIT FINDINGS TO PERMIT ESTABLISHMENT OF COM- MERCIAL USE IN A RESIDENTIAL DISTRICT 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and zoning ordinance", in that the proposed establish- ment of a commercial use in a multi-family district con- forms to the requirements of former SMMC Section 9148. 2. The proposed use may impair the integrity and character of the district in which it is to be established, in that the loss of potential housing stock, and the intrusion of a commercial use into a residential district, are factors which may contribute to the deterioration of neighborhoods. 3. The subject parcel is not physically suitable for the type of land use being proposed, in that the R2 site abuts a one story apartment building and pUblic park, and as such, should be developed with a use permitted by right, and with one that serves as a transition between the R2 and C4 districts. 4. The proposed use is not compatible with the land uses presently on the subject parcel if the present land uses are to remain, in that the R2 parcel is currently vacant, and any future use should conform with the General Plan requirement relating to recycling of residentially zoned property used for surface parking. 5. The proposed use would not be compatible with existing and permissible land uses within the district and the general - 3 - area in which the proposed use is to be located, in that the permissible use for the site is a two storY/3D', 25 unit apartment building, and proposed is a two story/3D' 76,074 square foot commercial center. 6. Public access to the proposed use may not be adequate, in that the alignment of the the driveway on pico Boulevard with 23rd street will negatively impact residents of that street by making the street available to through traffic. 8. The physical location or placement of the use on the site is not compatible with and does not relates harmoniously to the surrounding neighborhood, in that the use of the R2 zoned parcel for a commercial use is not compatible with the adjacent residential uses, and the building's exces- sive height, through the use of architectural projections would not relate harmoniously to the surrounding neighborhood. 9. The proposed use is not consistent with the goals, objec- tives, and policies of the General Plan, in that the pro- posal does not provide the type of neighborhood or service commercial uses encouraged by Land Use Element. 10. The proposed use may be detrimental to the public inter- est, health, safety, convenience, or general welfare, in that the project related impacts when added to the cumula- tive impacts will created the potential for negative im- pacts to the adjacent residential neighborhoods. 11. The proposed use will result in an overconcentration of fast food and restaurant uses in the immediate vicinity, in that the proposal includes 20,000 square feet of those uses. ALCOHOL OUTLET FINDINGS 1. The proposed use and location are not in accordance with good zoning practice, and in the public interest,in that the request to allow a "blanket" CUP for all proposed restaurant space may, in itself, add to an overconcentration of alcohol outlets in the immediate area. 2. The proposed uses are not compatible with existing and potential uses within the general area; traffic or parking congestion may result; the public health, safety, and general welfare are not protected; and harm to adjacent properties will result in that the concentration of fast food and restaurant uses will create parking and traffic problems. 3. The welfare of neighborhood residents may be adversely affected in that the availability of alcohol in such a concentration may the potential safety problems for those neighborhood residents. - 4 - 4. The change in the license will contribute to an undue concentration of alcohol outlets in the area in that the proposal to sell alcohol within 20,000 square feet of restaurant uses, and a 16, 350 square foot Inarket is an overconcentration of alcohol uses in itself. 5. There may be detrimental affects on nearby residentially zoned neighborhoods considering the distance of the alcohol outlets to residential buildings (the site directly abuts mUlti-family residential units), playgrounds and parks (Virginia Park is located adjacent to the site), and other existing alcohol outlets (one Type 21 and one Type 48 outlet are located within 500' of the proposed project). VOTE Ayes: Nays: Abstain: Absent: Farivar, Kaufman, Mechur, Nelson pyne Lambert, Hecht NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Or- dinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1400. I hereby certify that this statement of accurately reflects the final determination Commission of the City of Santa Monica. Official Action of the Planning signature date print name and title - 5 - I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title PC/STDR432 nh 05/30/89 - 6 - e - 7A CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM DATE: May 3, 1989 TO: The Honorable Planning Commission FROM: Planning staff SUBJECT: DR 432, CUP 500 and 501, ZA 5304-Y, VAR 89-008 and EIR 850 Address: 2233 pico Boulevard Applicant: Schurgin Corporation SUMMARY Action: Review of applications for: Development Review to permit construction of a two story/30', 76,074 square foot retail com- mercial center; Conditional Use Permits to allow on and off-sale of alcohol, and to permit the establishment of a commercial use in a residential district; and, variances to permit encroachment into a required front and rear yard setbacks on an R2 zoned par- cel, and to allow the use of compact parking spaces. Certifica- tion of Environmental Impact Report, EIA 850, is also required. The subject proposal is being considered under the provisions of the former zoning ordinance as it was deemed complete on February 3, 1988. Recommendation: Denial Permit Streamlining Expiration Date: May 4, 1989 (with 90 day extension granted) SITE LOCATION AND DESCRIPTION The subject property is a 115,832 sq. ft. parcel located on the north side of Pico Boulevard between Cloverfield Boulevard and 21st street having a frontage of 317 feet along Cloverfield Boulevard and 366 feet along Pico Boulevard. surrounding uses consist of one story multi-family residential to the north (R2), one story retail commercial and automotive repair to the south (C4), three story office and two story mUlti-family residential to the east (R2 and C4), and vacant property, and the Virginia Park, to the west (R2 and C4) . Zoning Districts: R2 and C4 Land Use Districts: Medium Density Residential and Pico corridor - 1 - , e e i Parcel parcel: 38,125 sq. ft. Area: R2 C4 parcel: 77,707 sg.ft. Total Parcel Area: 115,832 sq. ft. PROPOSED PROJECT Proposed is a two story/30', 76,074 square foot retail commercial center. Surface level and subterranean parking will be provided for 352 cars. The following floor area breakdowns are proposed: Retail: 31,519 square feet. Market: 16,350 square feet. Fast Food: 12,000 square feet. Restaurant: 8,000 square feet. Exterior corridors: 8,205 square feet A total of 14 ground floor store fronts with 23,694 sq. ft. of retail floor area, and a market with 12,150 sq. ft. of floor area and 4,200 sq.ft. of basement storage area, are proposed. A total of 22 second floor store fronts with 7,825 sq. ft. retail space and 17,970 sq.ft. of interior restaurant space, and 2,030 sq.ft. outdoor patio dining area are proposed. A total of 8,205 square feet of outdoor corridor space is also proposed on the second floor. It should be noted that the lease spaces could be recon- figured to meet specific tenant requirements. The subject plans provide an optimum lease space configuration. Site plans indicate 102 at grade parking spaces with interior landscape islands and landscape strips adjacent to all property lines and public rights-of-way. Parking would be accessed at two points along Pi co Boulevard, and one point along Cloverfield Boulevard. The eastern most driveway on pico Boulevard would provide direct access to 250 subterranean parking spaces. Two driveways on Cloverfield Boulevard, and one driveway on pico Boulevard, would accommodate traffic exiting the site. A service road is proposed along the site's western and northern property lines to access loading areas and trash bins. Elevation plans indicate a two story/30' height limit to the top of the roof. A parapet wall will extend 5' above the roof, mechanical equipment enclosures and skylights will reach a height of 44', and architectural "space trusses" will extend to a height of 55'. A CUP, pursuant to former SMMC Section 9148, is required to per- mit the proposed building to be constructed on a residentially zoned parcel. A CUP is also required to permit the on-site sale of alcohol in the 20,000 square feet of restaurant space, and the off-site sale of alcohol in the market. Variances are required to permit the proposed building to en- croach into the required front and rear yard setbacks of the R2 zoned parcel, and to allow the use of compact parking spaces. - 2 - e e .. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project requires the approval of a Variance and CUP in order to be inconsistent with the Municipal Code, and is in conformity with the General Plan. The project is inconsistent with former SMMC Section 9108B.5.a. in that a CUP is necessary to allow the establishment of a commercial use in a residential dis- trict, and variances are required to allow the building to en- croach 91 into the required 20' front yard setback, and 15' into the required IS' rear yard setback on the R2 zoned portion of the site. A Variance is also required to permit approximately 31% of the required parking spaces to not meet minimum stall dimensions as set forth in former SMMC Section 9l29F3. since the developer has indicated a fast food component, a Use Permit will be required for that type of use pursuant to former SMMC Section 9117. A. 5. No Use Permits are requested as part of the proposal. If the project is approved, the Planning Commis- sion should require that when and if a specific fast food use is proposed, a Use Permit be required at that time. CEQA STATUS A Draft Environmental Impact ~eport, EIA 850, was distributed for public review and comment on September 1, 1988. Comments received prior to the close of the 30 day review period indicated certain deficiencies in the Draft EIR. A supplement to the Draft EIR was subsequently prepared, based on comments received on the Draft EIR, and distributed for an additional 30 day public review period beginning on March 15, 1989. Comments received prior to the close of the 30 review period have been incorporated into the Final supplemental EIR. FEES This project is not subject to any project mitigation fees. ANALYSIS Background On June 24, 1986, the City and the Schurqin Corporation entered into an agreement for city participation in the development of a retail project of approximately 65,000 square feet, including a full service grocery market, to be located on the northwest corner of Pica and C10verfield Boulevards. The market, per the agreement, was to have a minimum of 10,000 square feet of sales area. The city's contribution to the project would be the lesser of 50% of the sales tax generated by the project or $300,000.00 as follows: Year 1--$100,000 Year 2--$ 80,000 - 3 - - - , Year 3--40% of the sales tax receipts from the previous year. Year 4--30% of the sales tax receipts from the previous year. Year 5--20% of the sales tax receipts from the previous year. Year 5--10% of the sales tax receipts from the previous year. In exchange for the City's annual contribution, the developer would agree to a minimum five year lease with a full service gro- cery market operator. The developer would also refund the entire city contribution during years 7 through 10 of the project. A more complete description of the agreement can be found in Appen- dix F of the Draft EIR. Approval of the agreement, by the City, did not constitute project approval. The subj ect proposal has received intense publ ic scrutiny over the past year and a half. Numerous neighborhood meetings have been held to discuss the project's impact on adjacent residential neighborhoods, and to discuss the information contained in the Draft and Supplemental EIR's. Relationship to General Plan General Plan Land Use policy 1.6.6 permits a 1.5 FAR and 2 story/ 3D' height limit by right, and with site review, a 2.0 FAR and 3 story/45, height limit for properties in the Pico Corridor, between 21st and 31st streets. The subject proposal has an FAR of .98 based on 76,074 square feet of floor area and a parcel size of 77,707 square feet (the R2 zoned portion of the site is not counted toward maximum FAR). A building height of 3D', to the top of the roof, is proposed. Portions of the building, specifically mechanical equipment enclosures, Skylights and ar- chitectural elements exceed the maximum height limit. These projections are, however, permitted to exceed the maximum height limit under former SMMC Section 9126.B. Policy 1.6.6 states that "because of the low future demand fore- casts of, and considerinq the varied nature of the land uses ad- jacent to the street, Pico BOUlevard.., should accommodate neigh- borhood and service commercial uses, especially small busi- nesses...". (emphasis added) The Land Use Element defines neighborhood uses as: those uses which provide convenience goods and services for which people generally do not comparison shop, that are bought fairly frequently, and that cater to the daily needs of nearby residents. Typically neighborhood commer- cial uses include, but are not limited to, the following: (emphasis added) Convenience goods Convenience services - 4 - e e ... Candy store Drug store Hardware store Liquor store Small restaurants (under 50 seats) Plant nursery All food stores for off-site consumption (except fast food establishments) Barber shop Beauty parlor Cleaners Gas station Laundromat Shoe repair Tailor/dressmaker Bank/savings and Loan Child care Photo copy shop Repair shop (TV, radio, appliance) Movie theater Service commercial generally used on a used occasionally include: uses are defined as businesses that are daily basis by individual residents, but are by local and regional residents: These auto repair plumber electrician carpenter repair shops (appliance, radio, TV) locksmith contractors wholesale businesses with retail outlets storage facilities The subject proposal would contain 67,869 square feet of commer- cial space, and almost 30% of the total floor area would be devoted to eating establishments. A total of 12,000 square feet of floor area would be devoted to fast food outlets, and 8,000 square feet of floor area, with 210 seats, would be devoted to sit down restaurant uses. The inclusion of fast food and res- taurant uses appears to be in conflict with the broad intent of the General Plan to provide neighborhood serving uses along the Pico corridor. In addition, based on the developerls inability to provide assurances regarding use of the remaining 31,519 square feet of retail space, residents have no guarantee that neighborhood services will be provided in the project. Aside from beinq the largest component of the proposal, the res- taurant and fast food uses would, in all likelihood, create the largest impact on the adj acent res idential neighborhoods. In addi tion to the noise, trash and fumes associated with those types of uses, the Supplemental EIR indicates that the fast food and restaurant components of the proj ect will alone generate 9,330 average daily trips. This is 50% of the total traffic volume projected to be generated daily by the entire proposal. In addition to the applicant's request for 20,000 square feet of fast food and restaurant floor area, the proposal includes a request for a I1blanketl1 General on-sale liquor license for the entire restaurant component. The General Plan contains several references to limiting the number and growth of alcohol outlets - 5 - e e . along Pico Boulevard. Under the Key Findings section of the General Plan (p. 41), the Pico Neighborhood is perceived as lack- ing certain neighborhood uses, chiefly a major supermarket, and excesses of certain uses, such as liquor stores. The applicant's request for a "blanket" approval to serve alcohol conflicts with the General Plan, and goes against a planning policy that requires specific uses be associated with a request for CUP to serve alcohol. The City generally would not grant a "blanket" CUP for a site without first knowing the type of es- tablishment being given the license, the hours of operation, and number of seats proposed. The request for a "blanket" CUP is therefore inappropriate. The General Plan Land Use Element plan principles (p. 53) state that, "Santa Monica's residential areas are the very core of her day-to-day life. Residential areas must be protected from com- mercial and traffic intrusion". Based on the Supplemental EIR prepared for the project, approximately 180 peak hour trips and 2,300 daily trips are expected to be added to 23rd Street. This is perceived by many as adversely impacting the adjacent residen- tial neighborhood. In addition, the mitigation measures proposed to reduce the traffic impacts on the residential neighborhoods are viewed by the residents as either not doing enough, or ex- acerbating the problem. Neighborhood groups have asked for the application of General Plan Circulation Element Policies 4.3.1 and 4.3.2 to this and other projects. Policy 4.3.1 sets a Levels of Service of "e" for collector streets and liD" for arterials as acceptable. Policy 4.3.2 indicates that: "the first priority for new development shall be where there is adequate existing road and highway capacity, and where residential streets will not be impacted by traffic generated by the new development.1t It is staff. s contention that Policies 4.3.1 and 4.3.2 provide only general guidance in the development review process, and that project's impact on traffic and circulation should be determined through specific analysis, as performed in the EIR. since the project's traffic related impacts can be mitigated, the ap- plicability of policies 4.3.1 and 4.3.2, as grounds for project denial, are not appropriate. Finally, General Plan Land Use Objective 2.1 "Encourage[s] citizen and neighborhood participation in the City Planning pro- cess to ensure realization of the goals of the Land Use Element'.. The citizens of the pico Neighborhood and Sunset Park have held numerous meetings with the representatives of the City and the developer to discuss the project's impacts, potential tenants of the building, and alternative uses for the site. It appears to be the general consensus, based on numerous letters and conversa- tions with local residents, that the development as proposed does not respect the adjacent residential neighborhoods. Specifical- ly, the residents feel that the market is too small, the floor area devoted to restaurants and fast food too large, and the im- pacts on traffic, especially neighborhood streets, is too great. - 6 - ( e e . Project Relationship to Municipal Code A Conditional Use Permit is required to allow the proposed build- ing to encroach into the R2, mUlti-family residential, district. Under SMMC section 9148, the Planning Co~mission, or Council on appeal, may grant a CUP for the establishment of a commercial use in a residential district provided that: 1. The site for the proposed use is contiguous with, or is sepa- rated by an alley from, and immediately adjoins an es- tablished commercial or industrial district, or is an exist- ing non-conforming use wi thin a multiple residential district. 2. The uses permitted are limited to: a. Those uses permitted in the adjoining established commer- cial or industrial district: b. A legally non-conforming use formerly permitted in a mul- tiple residential district~ or, c. Such other similar uses as the Planning comlnission, or City Council, on appeal or review, shall determine are com- patible with adjoining uses and will not be detrimental to or adversely effect properties, or the permitted use thereof. 3. In no case shall commercial or industrial uses be extended more than 500 feet into the any adjoining multiple residen- tial district. The Municipal Code requirements pertaining to the establishment of a commercial use in a multiple residential district can be met, however, under General Plan Land Use Element Pol icy 1. 2 . 2 "surface parking lots, zoned residential, adjacent to highway commercial corridors when redeveloped, should be reserved for residential use or public open space on the surface (use for underground parking is acceptable)." Loss of the R2 portion of the site, based on a maximum permitted density of 1 unit per 1,500 square feet of lot area and a parcel size of 38,125 square feet, would remove the potential to add 25 dwelling units to the city's housing stock. The use of a CUP to allow the establishment of a commercial use in a multiple residential district necessitates the granting of variances to allow the building to encroach into both the re- quired front and rear yard setbacks. A 20' front yard setback is required, and a 2' setback is proposed. A 15' rear yard setback is required, and a 0' setback is proposed. A variance is also necessary to allow the use of compact parking spaces. Under SMMC Section 9129F.4, a minimum stall dimension of 8'-611 X 191 is required. The SUbject proposal includes approxi- mately 30% of the required number of parking stalls at 7'-6" X 15' . - 7 - e e . ENVIRONMENTAL ANALYSIS An Environmental Impact Report (EIR) was prepared to address various project related impacts. The following topics were an- alyzed in the EIR: land use, transportation/circulation, air quality, acoustic environment, waste water, aesthetics, and neighborhood impacts. As a result of co~ments received on the Draft EIR, a Supplemental EIR was prepared. The Supplemental EIR focused on transportation/circulation, air quality and acoustic environment. Transportation/circulation Ten intersections were studied as part of the EIR review process. They were: 1) pico BI. and cloverfield Bl., 2) Pico Bl. and 23rd st., 3) Pico BI. and 20th st., 4) Pico BI. and 28th st., 5) Ocean Park B1. and Cloverfield Bl., 6) Ocean Park B1. and 23rd st., 7) Cloverfield BI. and eastbound I-IO, 8) Cloverfield Bl. and west- bound I-10, 9) Cloverfield BI. and Olympic B1., and 10) Clover- field Bl. and Colorado B1. The proj ect would be expected to generate approximately 18,540 average daily trips, including 1,445 trips during the afternoon peak hour (745 in and 710 out). According to the City's guidelines, a project is expected to have a significant impact if the addition of project related traffic to an intersection results in an increase of .02 or greater in the volume to capacity ratio (V/C), and the intersection is ex- pected to operate at a level of service (LOS) of E of F. Based on that definition, the proposed project will have a significant impact on the intersections of Pico and Cloverfield, Ocean Park and 23rd, cloverfield and the I-IO eastbound on-ramp, Cloverfield and Olympic, and C10verfield and Colorado. The Supplemental EIR, Section 3.2.3, (page 10) indicates that the following mitigation measures will reduce the project related impacts to insignificant levels: 1. Provide a left-turn lane on Pico Boulevard for traffic enter- ing the project site. 2. Improve the intersection of Pico Boulevard and Cloverfield Boulevard by adding a northbound left-turn lane and a south- bound through lane on Cloverfield and a eastbound to north- bound double left-turn lane on Pico Boulevard. 3. Place a stop sign on the service road where it merges with the subterranean parking ramp, and enhance visibility by eliminating any visual barriers. 4. Participate in traffic improvement fee program to be used for local transportation and signal improvements. - 8 - ~ e . 5. Upgrade traffic signal at the intersection of pico Boulevard and 2Jrd street. 6. Impose movement restrictions at the project driveway which would prohibit vehicles from traveling straight through the intersection between the project driveway and 23rd street. This could be done by signing and striping or by constructing a center median on pico Boulevard. If signing or striping were to be used, the restrictions could be relaxed during non-peak hours to provide residents the opportunity to travel directly to the site from 23rd street. The following mitigation measures would reduce cumulative impacts to an insignificant level: L Provide an optional right-turn/through lane from northbound Cloverfield Boulevard onto eastbound freeway on-ramp. 2. Widen the intersection of Cloverfield Boulevard and Olympic by adding a northbound and southbound through lane on Clover- field, an eastbound and westbound through lane on Olympic, and right-turn lanes on all approaches. J. widen the intersection of Cloverfield Boulevard and Colorado by adding a northbound and southbound through lane on Clover- field Boulevard, and an eastbound and westbound lane on Colorado. 4. Restripe the westbound Ocean Park approach to 2Jrd Street to have a left-turn lane and two through lanes. This would re- quire that parking be removed from the north side of Ocean Park for a distance of at least JOO' form the intersection. Widen the eastbound Ocean Park approach to provide a right- turn lane. 5. Implement a coordinated signal control system along Clover- field Boulevard. 6. Upgrade the traffic signals and detection equipment along Cloverfield Boulevard. 7. Implement Transportation Demand Management (TOM) programs for all developments. The project developer would be expected to pay a fair share of making the above traffic improvements to reduce cumulative impacts. Parkinq The project will require 352 parking spaces base on the following floor area breakdowns: Retail: 31,519 sq. ft. @ 1 space/JOO sq. ft. of floor area - l05 spaces. - 9 - - e , Market: 12,150 sq. ft. of sales area @ 1 space/1S0 sq.ft = 81 spaces. 4,200 sq.ft. of storage area @ 1 space/1,000 sq. ft. = 4 spaces. Fast food: 12,000 sq. ft. @ 1 space/100 sq. ft. = 120 spaces. Sit down rest. 8,000 sq.ftj210 seats @ 1 space/5 seats = 42 spaces. Total parking required: 352 Total parking provided: 352 Wastewater Generation The EIR estiroates that the project would result in a wastewater generation of approximately 4,702 gpd. This represents an in- crease of less than .03 percent of the average citywide flow, and .002 percent of Hyperion Plant's treatment capacity. Conclusion The proposed project does not provide services that are generally viewed as serving the needs of the adjacent residential neighbor- hoods. The inclusion of 20,000 square feet of restaurant space, together with a request to serve alcohol, would appear to be an overwhelming burden on a neighborhood, and would not directly benefit the residents of that neighborhood. In addition, the proposal to allow the establishment of a commer- cial use in a residential district, by CUP, would result in the loss of approximately 25 dwelling units that could be added t.o the City'S housing stock. The R2 zoned parcel should be recy- cled. as stated in the General Plan, to either park space or residential uses. Finally, the proposal has been vigorously opposed by the Pico Neighborhood and Sunset Park residents. The General Plan, as a basic tenet, requires the solicitation of public input in the planning process, and the realization of that input in the end design and use of a specific site. The amount of public input, and the intensity of that input, would indicate a need to ques- tion the project as proposed. RECOMMENDATION It is recommended that the Planning Commission certify the EIR 850 and deny DR 432, CUP 500 and 501, ZA 5304-Y, and VAR 89-008 subject to the following findings: FRONT AND REAR YARD SETBACK VARIANCE FINDINGS I. There are not any special circumstances or exceptional characteristics applicable to the R2 zoned property in- volved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that apply to other properties in the vicinity - 10 - . 2. 3. 4. 5. 6. 7. - - under an identical zoning classification, in that the R2 portion of the site could easily accommodate a residential development, and provide required setbacks adjacent to all property lines. The C4 portion of the site is 77,707 square feet in size, and could easily accommodate the a commercial building without use of the R2 parcel, thereby avoiding the requested variances. The granting of such variance may be detrimental or in- j urious to the property or improvements in the general vicinity and district in which the property is located, in that the requested front and rear yard variances will fur- ther reduce the amount of light and air available to the residents of the mUlti-family dwelling to the north. The strict application of the provisions of this Chapter would not result in practical difficulties or unnecessary hardships, not including econoDic difficulties or economic hardships, in that the R2 zoned parcel could be reverted to a residential or open space use, and the 77,707 square foot C4 zoned parcel would still be available for development. The granting of a variance will be contrary to or in con- flict with the general purposes and intent of this Chap- ter, or to the goals, objectives, and policies of the General Plan, in that there is no apparent hardship in- volved in the Subject request for variance. The variance may impair the integrity and character of the district in which it is to be located, in that when as- sociated with the requested CUP, it will create a burden on the adjacent residential district by allowing the fur- ther intrusion of commercial uses into a residential district. The Subject site is not physically suitable for the pro- posed variance, in that the site is zoned for residential uses, and the variance to allow a commercial structure to encroach into a required front and rear yard setback would result in the increased shading of the adjacent residen- tial structures. The strict application of the provisions of Chapter 10 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance would not result in unreasonable deprivation of the use or enjoyment of the property, in that without use of the R2 parcel, the 77,101 square foot C4 parcel is still available for development with a FAR of 1.5, or 2.0 with Site Review. In addition, development of the R2 par- cel with a mUlti-family residential project is still possible. - 11 - e e 6, DEVELOPMENT REVIEW FINDINGS L The physical location, size, massing; and placement of proposed structures on the site and the location of pro- posed uses within the project are not compatible with and do not relate harmoniously to surrounding sites and neigh- borhoods, in that the proposed architectural projections reach an overall height of 55', which seems out of charac- ter with the neighborhood, and the location of the commer- cial building on the residential parcel is not appropriate. 2. The rights-of-way would be congested by the accommodation of autos and pedestrians, including parking and access, in that even though adequate parking has been provided, and the Parking and Traffic Engineer has approved the circula- tion plans, the proposal is expected to generate approxi- mately 18,540 vehicle trips which is viewed by many resi- dents as contributing to high traffic volumes, and an overall unacceptable level of service in the area. In addition, approximately 2,300 trips will be directed to 23rd Street, which is residential in nature. 3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) may not be suffi- cient to accommodate the new development, in that the pro- posal is would be perceived as being a potential source of crime due to the potential abundance of alcohol outlets, and the developer's ability to address the resultant prob- lems is unsubstantiated. 4. The project is not generally consistent with the Municipal Code and General Plan, in that a CUP is required to permit the establishment of a commercial use in a mUlti-family residential district, variances are required to allow the building to encroach into required front and rear yard setbacks on the R2 zoned portion of the site, and to allow the use of compact parking spaces. 5. Reasonable mitigation measures have been included for all adverse impacts identified in Environmental Impact Report. CONDITIONAL USE PERMIT FINDINGS TO PERMIT ESTABLISHMENT OF COM- MERCIAL USE IN A RESIDENTIAL DISTRICT 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that the proposed establish- ment of a commercial use in a multi-family district con- forms to the requirements of former SMMC Section 9148. 2. The proposed use may impair the integrity and character of the district in which it is to be established, in that the loss of potential housing stock, and the intrusion of a - 12 - e e commercial use into a residential district, are factors which may contribute to the deterioration of neighborhoods. 3. The subject parcel is not physically suitable for the type of land use being proposed, in that the R2 site abuts a one story apartment building and public park, and as such, should be developed with a use permitted by right, and with one that serves as a transition between the R2 and C4 districts. 4. The proposed use is not compatible with the land uses presently on the subject parcel if the present land uses are to remain, in that the R2 parcel is currently vacant, and any future use should conform with the General Plan requirement relating to recycling of residentially zoned property used for surface parking. 5. The proposed use would not be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the permissible use for the site is a two story/30', 25 unit apartment building, and proposed is a two story/30' 76,074 square foot commercial center. 6. Public access to the proposed use would be adequate, in that all site circulation plans have been approved by the Parking' and Traffic Engineer, however, there have been many concerns voiced regarding the overall amount of proj- ect related traffic, and potential impact of that traffic on the adjacent residential neighborhood. This specifi- cally relates to the alignment of a driveway with 23rd Street. 8. The physical location or placement of the use on the site is not compatible with and does not relates harmoniously to the surrounding neighborhood, in that the use of the R2 zoned parcel for a commercial use is not compatible with the adjacent residential uses, and the building's exces- sive height, through the use of architectural projections would not relate harmoniously to the surrounding neighborhood. 9. The proposed use is not consistent with the goals, objec- tives, and policies of the General Plan, in that the pro- posal does not provide the type of neighborhood or service co~mercial uses encouraged by Land Use Element. 10. The proposed use may be detrimental to the public inter- est, health, safety, convenience, or general welfare, in that the project related impacts when added to the cumula- tive impacts will created the potential for negative im- pacts to the adjacent residential neighborhoods. 11 ~ The proposed use will result in an overconcentration of fast food and restaurant uses in the immediate vicinity, - 13 - e - in that the proposal includes 20,000 square feet of those uses. ALCOHOL OUTLET FINDINGS 1. The proposed use and location are not in accordance with good zoning practice, and in the public interest,in that the request to allow a "blanket" CUP for all proposed restaurant space may, in itself, create an overconcentration of alcohol outlets. 2. The proposed uses are not compatible with existing and potential uses within the general area; traffic or parking congestion may result; the public health, safety, and general welfare are not protected; and harm to adjacent properties will result in that the concentration of fast food and restaurant uses will create parking and traffic problems. 3. The welfare of neighborhood residents may be adversely affected in that the availability of alcohol in such a concentration may the potential safety problems for those neighborhood residents. 4. The change in the license will contribute to an undue concentration of alcohol outlets in the area in that the proposal to sell alcohol within 20,000 square feet of restaurant uses, and a 16,350 square foot market is an overconcentration of alcohol uses in itself. 5. There may be detrimental affects on nearby residentially zoned neighborhoods considering the distance of the alcohol outlets to residential buildings (the site directly abuts multi-family residential units), playgrounds and parks (virginia Park is located adjacent to the site), and other existing alcohol outlets (one Type 21 and one Type 48 outlet are located within 500' of the proposed project). Attachments: A. Municipal Code and General Plan Conformance B. Radius Map c. Certification of Adequacy of EIR D. Resolution Certifying EIR E. Correspondence F. Final EIR G. Project Plans Prepared by: Larry Miner, Assistant Planner LM pC/DR432 04/25/89 - 14 - Category Permitted Use Height Setbacks Front yard Sideyard Rearyard F.A.R. Parking e - ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Municipal Code Retail stores and businesses. Fast food restaurants wI Use Permit. Land Use Element Project 31,519 sq. ft. retail~ 16,350 sq. ft. market; 12,000 sq. ft. fast food; 8,000 sq. ft. restaurant; and, 8,205 sq. ft. ext. corridors. Neighborhood and service comm. uses, esp. small businesses. 2 storiesj30'; 2 stories/30' wI site review 3 storiesj45, (w/ service commercial) . 20' on R2 portion of site. 0' on C4 portion of site. 2' proposed. 16' from R2 prop. line. 30' 15'on R2 portion of site. 0' L 5; 2. 0 wI site Review .98 352 parking spaces required. 1 space/300 sq. ft. retail; - 105; 1 space/ 150 sq. ft. market ::z 81; 1 space/lOa sq.ft fast food.. 120; I per 5 seats restaurant = 42; 1 space/l,OOO sq. ft. storage = 4. 352 parking spaces proposed. - 15 -