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SR-12-A (40) C/ED:RAS:SF:nh Council Mtg: October 14, 1986 /2 -A OCT 1 1\ \S6i lEt - 9 1986 Santa Monica, California TO: Mayor and city Council FROM: city Staff SUBJECT: Appeal of Planning Commission Decision Denying Development Review 333, 2600 Wilshire Boulevard, Applicant/Appellant: Home Savings of America. INTRODUCTION This report recommends that the City Council approve the appeal of a Planning Commission decision denying Development Review 333 and, thereby permit the removal of the existing Home savings Branch Building and the construction of a 57,750 square foot replacement proj ect 55 feet in height with three floors and a Mezzanine. The report also recommends that Council certify the project Initial Study and subject replacement project approval to the findings and conditions noted herein. BACKGROUND On September 8, 1986, the Planning commission conducted a public hearing on Development Review 333. Following a 3 to 2 vote, Development Review 333 was deemed denied in that four votes could not be obtained to either approve or deny the application. Only five Commissioners were present. On September 9 , 1986 Christopher Harding on behalf of the applicant filed an appeal of the action. - 1 - {:I-A OCT 1 " \986 DEe - 9 1986 ANALYSIS The proposed project is consistent with the floor area ratio and height identified in the Land Use Element for Wilshire Boulevard. In reviewing the plans to determine conformance with the Land Use Element, staff evaluated the proposed design and concluded that the surface level parking lot provided a sufficient transitional setback between the proj ect and the adj acent residential uses. As proposed the project is setback approximately 40 feet to the west and 60 feet to the east from the residential uses on the south side. With the exception of a rear yard adjustment, the project is also in conformance with the Municipal Code and in fact provides 42 parking spaces above the Code requirement. Al though the public notice for the Planning commission hearing identified the proj ect as a three story office building, it is described in the Planning commission staff report as being four stories. This determination was based upon the definition of a mezzanine included in the 1979 version of the Uniform Building Code (UBC). Under that definition the mezzanine would be considered an additional story. upon further investigation staff learned that the definition of a mezzanine was changed when the City adopted the 1982 version of the UBC. Staff identified this discrepancy at the public hearing at which time the Planning Commission approved a motion adopting the 1982 definition of a mezzanine and therefore deeming this project a three story development. - 2 - . . An initial study was prepared for this project and a negative declaration is recommended for approval. The study found that this project alone would not cause a significant reduction in the level of service at the four intersections studied. It did conclude however that with or without this project the level of service at the four intersections will decline. Recognizing this fact the Traffic Engineer is conducting an analysis of the circulation patterns within the vicinity of 26th street and Wilshire Boulevard. This study will result in mitigation measures to facili tate existing and future traffic circulation impacts. To ensure that this proj ect will not preclude the implementation of any improvements, a recommended condition of approval requires that an easement be provided on 26th street subj ect to the review and approval of the Parking and Traffic Engineer. Subsequent to the Planning Commission hearing, the Parking and Traffic Engineer has indicated that a 2 foot easement should be required. A series of Community meetings were held on the project, two sponsored jointly by Mid-City Neighbors and the applicant. Despite the effort on the part of both the neighborhood organization and the developer, a consensus could not be reached and Mid-City Neighbors recommended denial of the project to the Planning commission. subsequent to the Planning Commission meeting, representatives from Mid-City Neighbors met with the developer; however, the results of that meeting are not known at this time. - 3 - . . During the Planning Commission hearing several concerns were expressed by the immediate neighbors to the south and other members of the public. In particular the residents immediately adjacent to the project objected to the location of the mechanical transformer and trash enclosure placed on the R2 surface parking lot adj acent to the single family residential use. To address this concern and others brought forth at the public hearing, several conditions of approval have been added or modified and are identified with an asterisk in Attachment A. It is staff's understanding that the applicant agrees to these conditions. RECOMMENDATION staff respectfully recommends that the city Council: 1. Certify the Initial study (EIA 822) and approve the negative declaration for DR 333. 2. Approve the appeal of DR 333 subj ect to the findings and conditions in Attachment A. Prepared by: Ann Siracusa, Director of Planning Suzanne Frick, Principal Planner Planning Division community and Economic Development Department Attachments: A. Findings & Conditions of Approval B. Planning Commission Staff Report with attachments. C. September 8, 1986 Presentation by John Beck D. September 8, 1986 Letter from Donald Lewin Nelson. E. September 8, 1986 Letter from william F. Weingarden. RAS:SF:nh/ccdr333 - 4 - ATTACHMENT A DEVELOPMENT REVIEW 333 FINDINGS AND CONDITIONS OF APPROVAL FINDINGS 1. The development is consistent with the findings and purpose of Ordinance 1321 as set forth below. 2. The physical location and placement of proposed structures on the site conforms to the 56 foot height permitted on Wilshire Boulevard and the structure will be located a distance of approximately 40-60 feet away from adjacent residential uses. 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 parking facilities and access thereto in that the project provides parking above that required by the Municipal Code and further the above will not significantly impact existing circulation patterns; however in order to address cumulat.ive impacts generat.ed by t.his project and eleven others, the city will undertake a comprehensive study of the area, and this project will be required to comply with any mitigation measures identified. - 1 - 4. The existing and/or proposed public and/or private health and safety facilities (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 General Plan of the City of Santa Monica and the Zoning ordinance in that the project will conform to the height, bulk, use and urban design policies for the Wilshire Boulevard Commercial corridor as specified in the Land Use Element of the General Plan and conform to the appropriate C4 standards contained in the Zoning Ordinance. SPECIAL CONDITIONS 1. The sewer line located in the alley shall be relocated as directed by the Director of General Services at the applicant's expense. 2. Vehicles exiting the project onto Wilshire Boulevard will be restricted to right turns only, and vehicles entering and exiting the surface parking lot on 26th Street will be restricted to right turns only. 3 . The surface parking lot shall provide free parking to short term users of the building only, no employee parking will be permitted. - 2 - , . 4. All on-site parking shall be made available without cost to to building employees. signs shall be located in prominent locations at the entrance to the parking garage stating the availability of free parking fOl: employees. If desired a no-cost-to-user card and/or validations system may be used to ensure the parking is used only by employees or users of the building. 5. Subject to the review of the Parking and Traffic Engineer, the applicant shall provide a 2 foot easement along 26th Street to accommodate future street improvements. 6. Prior to issuance of a building permit, the applicant shall secure an encroachment permit from the Director of General Services to permit subterranean parking under the alley. 7. Subj ect to the review and approval of the Architectural Review Board, a bus bench with appropriate shelter shall be provided on Wilshire Boulevard at a location approved by the Traffic Engineer. 8. The Architectural Review Board shall carefully evaluate the building design to ensure that adequate articulation is provided on all four building elevations that attempts to reduce the perceived mass of the structure. Planters along 26th street and Wilshire Boulevard shall be provided to accommodate seating.. - 3 - I t ~ I 9. The surface parking lot shall provide a 5-6 foot high masonry wall along the south property line with at least a 5 foot wide landscaped strip consisting of 5 foot high trees when planted and spaced a maximum of 5 feet apart. The front yard shall provide screening consistent with the provisions of SMMC 9127J.l and 9129F.7. 10. No medical office use shall be permitted unless parking is provided at a ratio of 1 space for every 250 square feet of floor area devoted to that use. In the event the city adopts a more restrictive parking standard than that above, parking shall be provided in accordance with the more restrictive standard. 11. Prior to issuance of a building permit and subject to the approval of the parking and Traffic Engineer, the applicant shall submit to the Director of Planning a traffic management plan to minimize interference and disruption of residents and to traffic in the area during the period of construction. 12. Prior to issuance of a certificate of occupancy for the project, the applicant shall record a deed restriction requiring the surface level parking lot to remain in existence for the life of the project. 13. The transformer identified on the surface parking lot shall be relocated onto the commercial property. The trash enclosure shall be relocated as far as possible away - 4 - I'" \ I from the residential uses subject to the review and approval of the Director of General Services. Standard Conditions 1. 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. 2. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 3. Final parking lot layout and specifications shall be subj ect to the review and approval of the Parking and Traffic Engineer. 4. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with Sec. 9127J.2-4 (SMMC). Refuse areas shall be of a size adequate to meet on-site need. 5. A 5 to 6 foot solid masonry wall shall be provided along property lines which abut res idential property in accordance with Sec. 9127.I (SMMC). 6. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by - 5 - , . reason of lights, noise, activities, parking or other actions. 7. No noise generating compressors or other such equipment shall be placed adjacent to neighboring residential buildings. 8. Project design shall comply with the building energy regulations set forth in the California Administrative Code, Title 24, Part 2, (Energy Conservation Standards for New Residential Buildings), such conformance to be verified by the Building and safety Division prior to issuance of a Building Permit. 9. Openable windows shall be provided throughout the project, in a manner consistent with applicable building code and energy conservation requirements. 10. street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Services. No street tree shall be removed without the approval of the Department of Recreation and Parks. 11. street and/or alley lighting shall be provided on public rights-of-way adjacent to the project if and as needed per the specifications and with the approval of the Department of General services. - 6 - l2. Any outdoor lighting shall be shielded and/or directed away from adjacent residential properties, with any such lighting not to exceed 0.5 foot candles of illumination beyond the perimeter of the subject property. 13. This determination shall not become effective for a period of ten days (twenty days for Development Review Permits and Conditional Use Permits) from the date of determination or, if appealed, until a final determination is made on the appeal. 14. In accordance with Ordinance 1367 (CCS) prior to issuance of a building permit the developer shall execute an irrevocable letter of creditor other form of securi ty acceptable to the City for the payment of an in-lieu fee for housing and parks equal to $2.25/sq.ft. for the first 15,000 sq. ft. of net rentable floor area and $5.00/sq.ft. forthe remaining net rentable floor area. This fee shall be adjusted for inflation by the percentage change in the Consumer Price Index ("CPI") between October, 1984 through the month in which payment is made. Upon mutual agreement of the developer and the city, the developer may satisfy the Project Mitigation Measures by providing low and moderate income housing or develping new park space on or off the project site. To fulfill this obligation an agreement shall be secured in writing by the developer and approved by the ci ty Attorney and City staff prior to issuance of a building permit. The applicant may satisfy - 7 - this requirement by the in-kind provision of housing or parks to the extent permitted under Ordinance 1367 (CCS). RAS:ljw cond333 10/1/86 - 8 -