SR-12-A (48)
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Council Mtg: October 16, 1990
Santa Monica, California
TO: Mayor and city Council
FROM: city staff
SUBJECT: Appeal of a Planning Commission certification of an
Environmental Impact Report, EIA 887 and Approval of
Development Review, DR 470 and variance, ZA 5368-Y to
allow construction of a 101,608 square-foot, 205 FAR,
five-story, 66 r -611 tall, all-office development with
driveway access on 23rd and 24th streets and
subterranean parking, located at 2320 wilshire
Boulevard.
Applicant: HSM Group/Kennedy-Wilson
Appellants: Mid-city Neighbors and
Save Our Neighborhood
INTRODUCTION
This report recommends that the City Council deny the appeals and
certify the Environmental Impact Report (EIR) and approve
Development Review 470 and Variance, ZA 5368-Y to allow
construction of a 2.5 Floor Area Ratio (FAR) I all-office
development. The Planning Commission approved the project at a
height of five stories and 66' -6". Staff is recommending that
the city council approve the project at a reduced height of four
stories, 56 feet, while allowing the same 2.5 FAR. Two
appellants, Mid-City Neighbors and Save Our Neighborhood, are
appealing the Planning Commission's decision (Attachment A).
Mid-city Neighbors filed the appeal on the premise that the EIR
is inadequate; the Planning commission did not give adequate
consideration to elements of the EIR in its decision; and the
project does not blend harmoniously with the
neighborhood. Save
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Our Neighborhood filed the appeal in order to "save (their)
neighborhoodll and "to protect the City's environment."
BACKGROUND
Changes in Project
This proj ect was accepted for review under the previous zoning
standards which were in effect prior to adoption of the new
zoning code in September 1988. The project was originally
proposed at six stories, 82' -9" in height, 2.92 FAR and 118,640
square feet of office with some retail and an unenclosed car
wash.
The development standards in effect at that time permitted
projects within the Wilshire Corridor to be four stories, 56 feet
in height with a 2.5 FAR and six stories, 84 feet in height with
a 300 FAR with Site Plan Reviewo
During the course of the environmental review and planning
Commission hearings, the project was subsequently scaled down to
its approved size of 101,608 square feet, five stories, 66'-611
height and 2.5 FAR. All retail uses and the car wash were
removed from the project to lessen potential traffic impacts.
Please note that the submitted plans (Attachment L) are the same
as those submitted to Planning Commission and differ from the
Planning Commission1s approval in two main aspects:
1. The plans do not show the three-foot landscaped planter
along the Wilshire Boulevard frontage as approved by
the Planning Commission; and
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2. The plans show the subterranean garage driveway access
on Wilshire Boulevard, rather than on 23rd and 24th
streets as approved by the Planning Commission.
Floor Area Ratio
The Supplemental EIR was prepared to analyze a down-sized version
of the project from the originally proposed 2.92 FAR to a 2.68
FAR. The Supplemental EIR concluded that the 2.68 FAR office
project with enclosed car wash would have significant impacts at
five intersections:
wilshire Boulevard and 23rd street during the evening
peak hour;
Wilshire Boulevard and 26th street during the evening
peak hour;
Wilshire Boulevard and Yale street during the evening
peak hour;
Cloverfield Boulevard and the west-bound off-ramp
during both the morning and evening peak hours; and
Cloverfield Boulevard and the east-bound ramp during
the evening peak hour.
Mitigation measures are available to reduce each of the above
adverse traffic impacts to insignificant levels. However, staff
recommended and Planning commission approved a reduction in
proj ect size to 2.5 FAR. The environmental analysis revealed
that only one intersection, Cloverfield Boulevard at the
west-bound off ramp, would be significantly impacted if the
project were limited to a 2.5 FAR. This impact can be mitigated
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by striping the second west-bound, left-turn lane as a shared
left-turn lane. This shared lane cannot be implemented until
Cloverfield Boulevard is widened to a six-lane roadway with
left-turn channelization. This widening is recommended as a
near-term improvement in the draft City-wide traffic study.
Due to the significant reduction in traffic impacts with the
reduced FAR of 2.5, combined with an inability to support the
Site Review findings necessary to permit a FAR greater than 2.5,
the Planning Commission approved the project at a 2.5 FAR.
During the Planning Commission hearing, the applicant stated
concurrence with a reduced FAR of 2.5, but requested that a Site
Review be approved to permit the building to retain a height of
five stories, 661-6".
Driveway Access to Project
The most recent project design provides driveway access to the
office building on wilshire Boulevardo The Planning Commission,
as a condition of proj ect approval, required that the driveway
access be relocated to 23rd and 24th Streets with forced turns
towards Wilshire Boulevard. The reasoning in this action was to
create two points of ingress/egress to the proj ect on streets
with slower moving traffic instead of one point of ingress/egress
on wilshire Boulevard in response to commissioners. concern
regarding safetyo
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Car Wash Component of Project
There is an existing car wash on site. The car wash was
originally proposed to be replaced on the rear of the site as an
unenclosed car wash. Alternate plans submitted to the Planning
commission at a later date showed the car wash as enclosed floor
area, which is preferable to an unenclosed car wash in terms of
its reduced noise and visual impacts. The Planning Commission
debated whether to include or delete the car wash from the
project. The fact that the car wash increases traffic impacts is
the prime reason for deleting it from the project and requiring,
instead, an all-office projecto Planning Commission support for
including the car wash in the project centered on its attribution
as a neighborhood-serving use and data which shows that modern
car washes drastically reduce the rates of water consumption and
run-off below the rates caused by washing one's car at home 0 In
the end, the Planning Commission imposed a condition that the car
wash be deleted from the project.
Environmental Impact Report
The Supplemental EIR concluded that the revised project of
108,980 square feet and 2.68 FAR with a car wash would have
significant traffic impacts at five intersections: 26th street
and wilshire Boulevard during the evening peak hour, wilshire
Boulevard and 23rd street during the evening peak hour, Wilshire
Boulevard and Yale Street during the evening peak hour,
Cloverfield Boulevard and the westbound Off-ramp during both the
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morning and evening peak hours, and Cloverfield Boulevard and the
eastbound ramp during the evening peak hour.
Additional environmental analysis concluded that with further
reductions in proj ect size to 2.5 FAR and 101, 608 square feet,
only the intersection of Cloverfield Boulevard and the westbound
off-ramp will be significantly impacted. This impact can be
mitigated by providing a second northbound right-turn lane at
this intersection. This measure could be installed pending the
near-term improvement of the Cloverfield Boulevard widening
recommended by the City-wide traffic study.
No other significant environmental impacts were identified in the
Final EIR for the down-sized project.
Building Height
The EIR recommended a reduction in height and bulk from the
originally proposed six-story structure. In response to the
EIR 1 S recommendations and neighborhood concerns, the applicant
has reduced the height from six to five stories and the FAR was
reduced from 2.92 to 2.68. The Planning Commission, at its
meeting of May 16, 1990, further reduced the floor area and
approved the project at five stories and 2.5 FARo
A prevailing neighborhood concern throughout the project review
has been the height of the building. While the appl icant has
addressed the EIR I S concern by reducing building height by one
story and reducing FAR, the project is still higher than most
other buildings in the vicinity. Although the project design
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provides setbacks at the ground floor and on upper stories, the
overall project does not present significant benefits to the City
which balance the additional building height being requested
under site Review. For this reason, staff recommended to the
Planning commission and continues to recommend that the building
height be reduced to four stories.
The Planning Commission approved a five-story building on the
premise that it would allow more latitude for architectural
design while providing a large rear setback to separate the
project from residential uses to the south. Staff maintains that
with a sizeable reduction in the area of the project's courtyard,
the project could be redesigned to a four-story height within the
framework of a 2.5 FAR without significantly altering the design
concept in terms of setback, footprint and exterior appearance.
In essence, the lowered height of the building to four stories
could be accomplished by a trade off of reducing a private,
project amenity of a large courtyard for a shared, neighborhood
amenity of a lower building height which is more in keeping with
the low to mid-rise profile of the surrounding neighborhood.
As a simple illustration and not intended as a refined redesign
scheme, the following provides an example of the impact of
redesigning the proj ect to four stories and is calculated from
the plans submitted to the Planning Commission, dated April 19,
1989. The fifth floor of the building as proposed on the plans
is 18,730 square feet. Removal of the fifth floor from the
project design, combined with the reduction in FAR to 205 (the
plans are designed at a 2.68 FAR), would result in a net 7,372
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square-foot reduction in project size. Therefore, the net
displaced area which would be added to the first through fourth
floors is 11,358 square feet, which averages 2,839 square feet
per floor. If this area were added within the proposed 4,060
square-foot (96'-8" X 42') courtyard area on each floor, a 1,221
square-foot courtyard would remain. A courtyard of this area
could take the approximate dimensions of 35' X 35' or 30' X 401.
Taken a step further, with the imposition of Condition No. 34,
which requires a seven-foot wide terrace on the Wilshire frontage
at the third and fourth floors, the displaced terrace area could
be replaced in the courtyard area. The courtyard would then be
further reduced to approximately 650 square feet which could take
the approximate dimensions of 22' X 301 or 25' X 251. A more
detailed discussion of the relative merits of a four versus
five-story building are provided on page four of the Planning
Commission staff report dated May 16, 1990 (Attachment D).
During the Planning Commission hearing, neighbors spoke in
opposition to the five stories in relation to misplaced scale,
shadowing and lost views 0 In staff's view, the site Review
application to permit a building higher than four stories and 56
feet cannot be justified, given the low to mid-rise nature of the
surrounding properties.
variance
The proposed parking layout includes 31 percent compact parking
spaces. The previous code which governs this proj ect did not
contain provisions allowing compact parking spaces. Although
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projects containing up to 40 percent compact parking spaces were
routinely permitted during the time the previous zoning code was
in effect, a Variance is required to formally approve the compact
spaces.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
CONCLUSION
The project design and proposed use conform to the relevant
requirements of the Municipal Code and General Plan that were in
effect at the time of application. However, staff is concerned
wi th the height of the proj ect in relation to the heights and
scales of buildings in the surrounding neighborhood. staff is
recommending that the project be reduced in height from five to
four stories to more closely relate to the surrounding low to
midrise structures. staff does not believe the proj ect offers
adequate benefits such as public open space or neighborhood
services to justify the granting of a site review bonus to allow
the building to exceed four stories. Staff recommends approval
of all other aspects of the project, consistent with the
conditions imposed by the Planning commission.
The Environmental Impact Report concluded that with the proposed
mitigation measures, the project will not create any significant
environmental impacts. with approval of the variance to permit
31 percent of the parking spaces to be compact stalls, the
project will comply with all development standards.
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RECOMMENDATION
For the reasons outlined above , it is respectfully recommended
that the council deny the appeal and certify Environmental Impact
Report, EIA 887, and approve the attached resolution, Development
Review, DR 470 and variance, ZA 5368-Y, as approved by the
Planning commission with the further condition that the
all-office project be designed so as not to exceed a height of
four stories and 56 feet, with a 2.5 FAR and 101,608 square feet
of floor area with the following findings and conditions and the
findings in the attached Resolution of Certification.
DEVELOPMENT REVIEW FINDINGS
1. with the conditions of approval, the physical location,
massing, and placement of the proposed structures on the
site and the location of proposed uses within the project
are compatible with and relate harmoniously to surrounding
sites and neighborhoods, in that the building is located
on Wilshire Boulevard which is characterized by a range of
commercial development, including office buildings both
larger and smaller than the development recommended by
staff; and that the proposed development with its four-
story height, stepbacks along the alley elevation, and
landscaping provides an appropriate transition between the
commercially-zoned land on Wilshire and the residentially-
zoned land to the south of Wilshire.
2. The rights-of way can accommodate autos and pedestrians,
including parking and access, in that the site design pro-
vides adequate driveway and parking facilities and the
site is adjacent to three improved streets: Wilshire
Boulevard, 23rd street and 24th streeto
3. The health and safety services (police, fire, etc.) and
public infrastructure (e.g. utilities) are sufficient to
accommodate the new development, in that the proj ect is
proposed to be an in-fill of an already developed area
with all necessary services and infrastructure pre-
established.
4. Anyon-site provision of housing or parks and public open
space, which are part of the required project mitigation
measures required in Subchapter 5G of the city of Santa
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Monica Comprehensive Land Use and Zoning Ordinance, satis-
factorily meet the goals of the mitigation program, in
that the proj ect will be required to comply with this
program.
5. The project is generally consistent with the Municipal
Code and General Plan, in that the project as conditioned
is designed to meet all code and General Plan require-
ments, with the exception of the required parking
variance.
6. Reasonable mitigation measures have been included for all
adverse impacts identified in an Initial study or Environ-
mental Impact Report, in that all reasonable mitigation
measures recommended by the EIR and its Addendum have been
included as conditions of approval for the project.
7. That the application for this project was filed in accor-
dance with ordinance 1321 and the Land Use Element of the
General Plan on April 22, 1988, and on April 29, 1988 was
deemed substantially complete relative to the provisions
of Ordinances 1441 and 1449, and on May 10, 1988, the
Planning Division issued a letter deeming the application
complete in accordance with the aforementioned laws.
80 That in September 1988, the City adopted a new Zoning Or-
dinance, which includes a similar, although not identical
standard for deeming projects complete as was included in
Ordinances 1441 and 1449, and that the Zoning Ordinance
language contains internally inconsistent language by
referr ing to the two ordinances and their standards for
deeming projects complete, and also provides a slightly
different standard for the date by which projects must
have been deemed complete.
9. That the project application is consistent and in confor-
mance with the procedural requirements of Ordinances 1321,
1441 and 1449 and the Zoning Ordinance. The ambiguity
created in the Zoning Ordinance language must be resolved
by examining the overall statutory framework. In view of
the legislative history underlying Ordinances 1441 and
1449 and the Zoning Ordinance, and the city's determina-
tions regarding the subj ect proj ect and its proces sing,
finding of consistency is appropriate.
10. That in June 1989, a Planning Division staffperson altered
the radius map for the proj ect by inserting the date
"April 22, 1988" on it, and that this was an inappropriate
action which has no relevance to the determinations
regarding a complete application which were made in April
and May 1988.
VARIANCE FINDINGS
1. There are special circumstances or exceptional charac-
teristics applicable to the property involved, including
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size, shape, topography, location~ or surroundings, or to
the intended use or development of the property that do
not apply to other properties in the vicinity under an
identical zoning classification, in that the number of on-
site parking spaces exceeds the code requirement and the
inclusion of compact and tandem parking spaces will not
detrimentally affect the circulation and parking patterns
of the project.
2. The granting of such variance will not be detrimental or
injurious to the property or improvements in the general
vicinity and district in which the property is located, in
that similar projects in the past have utilized compact
and tandem parking with no significant impact on circula-
tion patterns or neighboring properties and that provided
parking is in excess of that required.
3. The strict application of the provisions of this Chapter
would result in practical difficulties or unnecessary
hardships, not including economic difficulties or economic
hardships, in that past projects have incorporated compact
and tandem parking spaces with no significant impacts and
the total number of parking spaces provided exceeds the
required numbero
4. The granting of a variance will not be contrary to or in
conflict with the general purposes and intent of this
Chapter, or to the goals, objectives, and policies of the
General Plan, in that the project as conditioned is con-
sistent with the General Plan.
5. The variance would not impair the integrity and character
of the district in which it is to be located, in that more
parking than is required will be provided and the variance
will not affect the appearance of the project.
60 The subject site is physically suitable for the proposed
variance, in that it is a recycling of commercial land
with the provision of adequate access and circulation 0
7. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
variance would not be detrimental to public health and
safety, in that the project is an in-fill in a developed
area with all necessary improvements.
8. There will be adequate provisions for public access to
serve the subject variance proposal, in that adequate
driveways will be provided and pedestrian sidewalks are in
existence.
9. The strict application of the provlslons of Chapter 10 of
the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance would result in unreasonable deprivation of the
use or enjoyment of the property, in that similar approv-
als have been granted in the past which have not created
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any deleterious effects and parking is provided for the
project in excess of that required.
DEVELOPMENT REVIEW CONDITIONS
Plans
1. This approval is for those plans dated 4/19/89, inclusive
of those features to be redesigned as conditioned herein,
a copy of which shall be maintained in the files of the
city Planning Division. Project development shall be con-
sistent with such plans, except as otherwise specified in
these conditions of approval.
2. Within the context of the application's grand fathered sta-
tus, the Plans shall comply with all relevant provisions
of Chapter 1, Article IX of the Municipal Code, (Zoning
Ordinance) and all other pertinent ordinances and General
Plan policies of the city of Santa Monica.
3. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
4. Minor amendments to the plans shall be SUbject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning commission
Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planningo
5. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
6. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities; scale and articulation of design ele-
ments; exterior colors, textures and materials; window
treatment; glazing; and landscaping.
Fees
7. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality impacts resulting from both new and existing
development. The Plan will likely include an ordinance
establ ishing mi t iga tion requirements, including one-time
payment of fees on certain types of new development, and
annual fees to be paid by certain types of employers in
the City. This ordinance may require that the owner of
the proposed proj ect pay such new development fees and
that employers within the project pay such new annual em-
ployer fees related to the City's Transportation Manage-
ment Plan.
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Demolition
9. until such time as the demolition is undertaken, and un-
less the structure is currently in use, the existing
structure shall be maintained and secured by boarding up
all openings, erecting a security fence, and removing all
debris, bushes and planting that inhibit the easy sur-
veilance of the property to the satisfaction of the Build-
ing and Safety Officer and the Fire Department 0 Any land-
scaping material remaining shall be watered and maintained
until demolition occurs.
10. Unless otherwise approved by the Recreation and Parks De-
partment and the Planning Division, at the time of demoli-
tion, any street trees shall be protected from damage,
death, or removal per the requirements of Ordinance 1242
(CCS).
11. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum
permi tted by the Zoning Ordinance, shall be maintained
around the perimeter of the lot. The lot shall be kept
clear of all trash, weeds, etc.
12. Prior to issuance of a demolition permit, applicant shall
prepare for Building Division approval a rodent and pest
control plan to ensure that demolition and construction
activities at the site do not create pest control impacts
on the project neighborhood.
Construction
12. Unless otherwise approved by the Department of General
Services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
13. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as deter-
mined by the Department of General services shall be re-
constructed to the satisfaction of the Department of
General Services. Approval for this work shall be ob-
tained from the Department of General Services prior to
issuance of the building permits.
14. Vehicles hauling dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
15. 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 Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
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16. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General
Services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
archi teet; 2) Describe how demolition of any existing
structures is to be accomplished; 3) Indicate where any
cranes are to be located for erection/construction; 4)
Describe how much of the public street alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion; 5) Set forth the extent and nature of any piledriv-
ing operations; 6) Describe the length and number of any
tiebacks which must extend under the property of other
persons; 7) Specify the nature and extent of any dewater-
ing and its effect on any adjacent building; 8) Describe
anticipated construction-related truck routes, number of
truck trips, hours of hauling and parking location; 9)
Specify the nature and extent of any helicopter hauling;
10) state whether any construction activity beyond normal-
ly permitted hours is proposed; 11) Describe any proposed
construction noise mitigation measures; 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel; 13) Provide a drainage
plan; 14) Provide a construction-period parking plan
which shall minimize use of public streets for parking;
15) List a designated on-site construction manager.
17. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
identify the address and phone number of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction period. Said sign
shall also indicate the hours of permissible construction
work.
18. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during con-
struction at the project siteo The pages shall be lami-
nated or otherwise protected to ensure durability of the
copy.
Environmental Mitigation
190 Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
20. Prior to issuance of a Certificate of Occupancy, project
owner shall present documentation to the General Services
Department certifying that existing Santa Monica occupan-
cies with toilets installed prior to 1978 have been retro-
fitted with ultra low-flow toilets (1.6 gallons per flush
or less) such that development of the new project will not
result in a net increase in wastewater flows. Flow from
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existing occupancies which will be removed as part of the
new development may be deducted from flow attributable to
the new development if such occupancies have been occupied
within one year prior to issuance of a Building Permit for
the proposed project. Flow calculations for new develop-
ment and existing occupancies shall be consistent with
guidelines developed by the General Services Department.
21. To mitigate solid waste impacts, prior to issuance of a
certificate of Occupancy, project owner shall submit a
recycling plan to the Department of General Services for
its approval. The recycling plan shall include 1) list
of materials such as white paper, metal cans, and glass to
be recycled; 2) location of recycling bins; 3) desig-
nated recycling coordinator; 4) nature and extent of
internal and external piCk-Up service; 5) piCk-Up
schedule; 6) plan to inform tenants/occupants of service.
22 . To mitigate circulation impacts, prior to issuance of a
certificate of Occupancy, project owner shall submit a
transportation demand management plan to the Department of
General Services for its approval. This plan shall in-
clude: 1) Name, address and telephone number of desig-
nated person(s) responsible for coordinating transporta-
tion demand management measures at the development. Said
person(s) need not maintain full-time positions. 2) De-
mand management measures to be employed at the site to
reduce circulation impacts which would otherwise occur.
Such measures may include, but are not limited to programs
addressing: A. Education and Marketing to alert employees
and visitors to the site of demand reduction programs and
incentives; Bo Parking Management such as parking charges
for single-occupant vehicles, reduced rates for car and
vanpools; C. Ridesharing programs such as a rideshare
matching program, incentives, and car and vanpool sub-
sidies; D. Transit programs such as provision of bus
schedules to employees and visitors, subsidized bus tokens
and passes to employees and visitors; E. Bicycling pro-
grams such as provision of secure bicycle storage facili-
ties, provision of showers and lockers; F. Alternative
Work Schedules for building employees to avoid peak AM and
PM traffic hours and reduce overall trips; G. Trip Length
Reduction by programs to increase proportion of employees
residing within three miles of the project site. The goal
of the Transportation Demand Management Plan shall be to
reduce vehicle trips which would otherwise occur by twenty
percent.
In the event that the City adopts a Transportation Manage-
ment Plan implementing ordinance which overlaps with the
requirements of this condition prior to issuance of a Cer-
tificate of Occupancy for the project, to the extent that
any provisions of this condition conflict with the im-
plementing ordinance, the ordinance shall supercede such
provisions.
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23. Landscaping plans shall comply with Subchapter 5B (Land-
scaping Standards) of the Zoning Ordinance use of water-
conserving landscaping materials, landscape maintenance
and other standards contained in the Subchapter.
Miscellaneous Conditions
24. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
25. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking or other
actions.
26. No medical office use shall be permitted at the site.
27. If any archaeological remains are uncovered during excava-
tion or construction, work in the affected area shall be
suspended and a recognized specialist shall be contacted
to conduct a survey of the affected area at proj ect ' s
owner's expense. A determination shall then be made by
the Director of Planning to determine the significance of
the survey findings and appropriate actions and require-
ments, if any, to address such findings.
280 Refuse areas, storage areas and mechanical equipment shall
be screened in accordance with SMMC Section 9040.13-
9040.15. Refuse areas shall be of a size adequate to meet
on-site need, including recycling. The Architectural Re-
view Board in its review shall pay particular attention to
the screening of such areas and equipment.
29. 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.
Validity of Permits
30. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
31. within ten days of Planning Division transmittal of the
Statement of Official Action, project applicant shall sign
and return a copy of the statement of Official Action pre-
pared by the Planning Division, agreeing to the Conditions
of approval and acknowledging that failure to comply with
such conditions shall constitute grounds for potential
revocation of the permit approval. By signing same, ap-
plicant shall not thereby waive any legal rights applicant
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may possess regarding said conditions. The signed state-
ment shall be returned to the Planning Division. Failure
to comply with this condition shall constitute grounds for
potential permit revocation.
32. This determination shall not become effective for a period
of fourteen days from the date of determination or I if
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator.
Monitoring of Conditions
33. Pursuant to the requirements of Public Resources Code Sec-
tion 21081.6, the City Planning Division will coordinate a
monitoring and reporting program regarding any required
changes to the project made in conjunction with project
approval and any conditions of approval, including those
conditions intended to mitigate or avoid significant ef-
fects on the environment. This program shall include, but
is not limited to, ensuring that the Planning Division
itself and other City divisions and departments such as
the Building Division, the General Services Department,
the Fire Department, the Police Department, the Community
and Economic Development Department and the Finance De-
partment are aware of project requirements which must be
satisfied prior to issuance of a Building Permit, Certifi-
cate of Occupancy, or other permit, and that other respon-
sible agencies are also informed of conditions relating to
their responsibilities 0 Project owner shall demonstrate
compliance with conditions of approval in a written report
submitted to the planning Director and Building Officer
prior to issuance of a Building Permit or Certificate of
Occupancy, and, as appl icable, provide periodic reports
regarding compliance with such conditions upon its receipt
from the city of a written request for the same.
SPECIAL CONDITIONS
340 To mitigate adverse bulk and traffic impacts of project as
identified in the EIR, floor area ratio of the project
shall be limited to 205. The project shall not exceed a
height of four stories and 56 feet and the design of the
project and setbacks shall remain substantially in confor-
mance with the current project design with the requirement
that a minimum 31' rear setback on the alley and 31 front
setback on the Wilshire frontage shall be provided.
The width of the terraces provided along the Wilshire
frontage of the third floor shall be increased to at least
seven feet. A terrace of at least seven feet in width
shall be provided along the Wilshire frontage of the
fourth floor 0 Cutbacks at the Wilshire corners of the
fourth floor shall also be provided.
- 18 -
The revised project shall provide a minimum of one (non-
tandem) parking space for every 300 square feet of floor
area. The number of compact spaces shall not exceed 31%
of the total parking spaces.
35. The first floor floorplate shall be level with the side-
walk to permit distant, future recycling of the ground
floor of the building to retail use at such time as when
sufficient transportation management measures are in place
to make the prohibition of retail uses, based on the in-
herently greater traffic generation rate, unnecessary.
36. Vehicular access to the project shall be provided via two
driveways, one each on 23rd and 24th streets. These
driveways shall be designed with forced turns towards wil-
shire Boulevard and with an adequate level area at top of
driveway ramp to provide safe sight distance of oncoming
pedestrians to the satisfaction of the Parking and Traffic
Engineer to minimize neighborhood impact.
37. On-site parking shall be provided without charge to cus-
tomers and employees at the project site unless and until
such time as a preferential parking district is es-
tablished in the proj ect area which in the judgement of
the Planning Director and Parking and Traffic Engineer
will adequately protect neighborhood residents from poten-
tial parking impacts of the project. Width of the handi-
capped parking stalls shall be increased by one foot. The
revised parking layout shall be reviewed and approved by
the City Parking and Traffic Engineer. The developer
shall provide attendent parking during the hours that the
office building is open for business.
38. To mitigate traffic impacts identified in the environmen-
tal impact analysis, no car wash, retail or bank uses
shall be permitted in the project.
39 . I f requested by the Santa Monica Transportation Depart-
ment, prior to issuance of a Certificate of Occupancy,
proj ect owner shall provide and maintain a bus shelter
built to City specifications along the Wilshire frontage
of the project to facilitate use of bus transit by project
employees and visitors.
40. The exterior building materials shall be light in color.
No mirrored or darkly-tinted glass shall be used on the
exterior of the building. The ARB shall pay particular
attention to these elements of the development.
41. Prior to issuance of a Certificate of Occupancy for the
project, and if required by the General Services Depart-
ment, applicant shall perform to the satisfaction or reim-
burse the City for the cost of the following traffic
mi tigation measures to mitigate the proj ect I s share of
traffic resulting in a significant lmpact at Cloverfield
- ~9 -
Boulevard and the westbound off-ramp during both the morn-
ing and evening peak hour.
The mitigation measures is as follows: The Cloverfield/
westbound off-ramp can be mitigated by striping the second
westbound left-turn lane as a shared left-turn lane. This
shared lane, however, cannot be implemented until Clover-
field Boulevard is widened to a six-lane roadway with
left-turn channelization. This widening is recommended as
a near-term improvement in the draft City-wide traffic
study.
If required by the Parking and Traffic Engineer, project
owner shall install a "no left turn" sign on 23rd street
and "no right turn" sign on 24th street facing the project
driveways to ensure that exiting traffic turns towards
Wilshire Boulevard.
42. Prior to issuance of a certificate of Occupancy for this
project, the applicant shall confer with the Principal of
McKinley Elementary School and the President of its Parent
Teacher Association to discuss the potential impact of
this project on the safety of child pedestrian movements
to and from the school. Thereafter, the applicant shall
report to the city1s Parking and Traffic Engineer all
recommendations agreed upon in those meetings. Applicant
shall take all appropriate action to implement any and all
recommendations approved by the City's Parking and Traffic
Engineer.
Project Mitigation Fee
43. In accordance with Sections 9046.1 - 9046.4 of the Santa
Monica Municipal Code, prior to issuance of a building
permit the developer shall execute an irrevocable letter
of credit or other form of security acceptable to the city
for the payment of an in-lieu fee for housing and parks
equal to $2025jsg.ft. for the first 15,000 sq. ft. of net
rentable office floor area and $5.00jsq.ft. for the
remaining net rentable office 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 the 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 developing 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 City Attorney and City staff prior to is-
suance of a building permit. As of September 1990, this
fee would be approximately $600,239000.
Prepared by: Paul Berlant, Director of Planning
D. Kenyon Webster, Principal Planner
Shari Laham, Associate Planner
- 20 -
Attachments: A.
B.
C.
SL
pc/cchsm
09/26/90
D.
E.
Appeal Forms, dated 5/28 and 5/29/90
Resolution Certifying Final EIR
Planning Commission statement of Official
Action
Planning Commission staff Report, dated 5/16/90
Planning Commission supplemental Staff Report,
dated 5/16/90
Planning Commission Staff Report, dated 5/2/90
Planning Commission staff Report, dated 8/2/89
Addendum to Final EIR
Final EIR
Summary of Supplemental EIR
Supplemental EIR
Plot Plan, Floor Plans, Elevations and section
F.
G.
H.
I.
J.
K.
L.
- 21 -
Ci!)' of
Santa Monica
Community and Economic Development Department
Planning and Zoning Division
(213) 458-8341
APPEAL FORM
~fu ~~ lO I \ q qO LdJ:4 ~
- I - ~~)
Mfc1ehrnen+- A
FEE: $100.00
Date Filed 11 4f 2-i, / ~ ~ 0
Received by ?...(
Recelpl No t;; I "; 8 ~ S7
Name M ( I) - C <'"(1 A./c/ G H iJ "ft5j
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Contact Person KC 12..tl /';/ Co <...-C .... 4..v ·
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Please :1escnbe the prOject and deCISIOn 10 be appealed fi+f-- ~ r-u. ~ I') It ;::- I....C 'S~""""I
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Case Number 0 a.. Lf") 0
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Onglnal heanng date M A<-( ( <. , l '17 0
Onglnalactlon Mr^-<lvA-t... &f b,t.. iT-.....O ?tLc~ P<-A-.v}' ,
Please slaie :ne spectflc reason(s) for u-.e appeal
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is']'''
CIty of
Santa Monica
Commumty and EconomIc Development Department
ptanntng and Zoning Dlvtslon
(213) 45B-8341
APPEAL FORM
FEE. $100.00
Date Filed
Received by
Receipt No
Name SAVE OUR NEIGHBORHOOD
A~re~ 1217 Twenty-Thlrd street, Santa Monlca, CA 90404
ContaclPerson\hlllam F. Weingarden Phone (213) 829-2075
PleasedescnbelheprojeClanddeclslOnlobeappealed PROJECT: 101,000+ square foot offlce
bUl1dlnQ wlth four floors of slJhrerr~np~n n~rklno~ demolltlon of
existing structures. DECISION: Plannlna Commls~~on cerr.lflr.nrlon
of envlronmental data; qrantlnq of aoolicatlons for devplnnmpnr
revlew, site review and varianc~.
Case Number DR 470. ZA 536B-Y. EIA 887
Address 2320 Wllshlre Boulevard
Applicant HSM Group
Onglnal heanng dale June 21, 1 989
OnglnalactlOnsontlnuedi prolect approved after CEOA r.errlflC'HtH'ln 5/17/90
Please slate the specific reason(s) for tile appeal (1) to save our nelqhborhood: an<;'l
(2) to protect the Clty'S enVlronment
Signature
. 1
(/ 1T!-1 7 {/ii:;_'~oM'..s ~. rMdod, - ': ":av
28, 1990
Save Our Neighborhood
1217 23rd Street. Santa Monica, California 90404
Hay 29, 1990
Paul V. Berlant, Zoning Administrator
Clarice Johnsen, City Clerk
Santa Monica City Hall
1685 Main Street
Santa Monica, CA 90401
R~' DR 470, ZA 5368-Y, ErA 887
(HSM Group project for 2320 Wilshire)
Dear Mr. Berlant and Ms. Johnsen:
Attached please find an appeal to the City Council, on behalf of
SAVE OUR NEIGHBORHOOD, from the Planning Commission's actions on
the above-entitled matters taken in the early morning of May 17,
1990. You will also find a check attached to the City for $100.
This appeal is taken pursuant to S~~1C 5 9132.1 et seq.. former
S~f1C 55 9145, 9147 & 9148, and Ordinance 1321, 5 4, on the
grounds set forth in Code of Civil Procedure, 5 1094.5(b), and
Public Resources Code, 5 21168 S, As an additional ground for
this appeal, SAVE OUR NEIGHBORHOOD submits that, to the extent
the Planning Commission may have acted within its discretion, it
exercised that discretion unwiselyo
If the attached check is insufficient to pay the required fee
for this appeal, or if the accompanying appeal form is in any
way deficient. please file the appeal immediately and contact me
at your earliest convenient opportunity to resolve the problem.
I can be reached by phone at (213) 829-2075. My signature below
constitutes my personal guarantee that I will pay any legally
required fees for the processing of this appeal above and beyond
the attached sum upon your notice that the $100 is insufficient.
v(erLY ,C~;~i~l(~y_IfYiO:;:-~'
J .:.. L'I . .'
, . I . .'
,., I I .-" ~ C ;~~_______ , _ ~.
William F. Weingarden
A+t-ach~n+- B
RESOLUTION NO.
(City council Series)
A RESOLUTION OF THE CITY COUNCIL)
OF THE CITY OF SANTA MONICA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
ON THE HSM GROUP PROJECT AT
2320 WILSHIRE BOULEVARD
WHEREAS, a Notice of Preparation of an Environmental Impact
Report was issued in April, 1988; and
WHEREAS, a Notice of Completion of a Draft Environmental
Impact Report was published in January, 1989, in compliance with
the California Environmental Quality Act and the city of Santa
Monica CEQA Guidelines; and
~iHEREAS, in March, 1989, the Final Environmental Impact
Report was published; and
WHEREAS, in June,
1989,
an Addendum to the Final
Environmental Impact Report was published; and
WHEREAS, in March, 1990, a notice of completion of a
Supplement to the Final Environmental Impact Report was
published; and
WHEREAS, on August 7, 1990, the city council, as Lead City
Agency, reviewed the Final Environmental Impact Report, its
Addendum and its Supplement,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
- 1 -
SECTION 1. The City Council has reviewed and considered the
Final Environmental Impact Report, Addendum and Supplement on the
HSM Group proj ect located at 2320 Wilshire Boulevard prior to
acting on the project.
SECTION
2.
The
City
Council
certifies
that
the
environmental review for the project was conducted in full
compliance with state and City CEQA Guidelines, that there was
adequate pUblic review of the Draft, Addendum and Supplement to
the Environmental Impact Report, that it has considered all
comments
on the Dra ft ,
Addendum and Supplement to the
Environmental Impact Report and responses to comments, that the
Final Environmental Impact Report, Addendum and Supplement
adequately discuss all significant environmental issues, and that
the City Council has considered the contents of the Final
Environmental Impact Report, Addendum and Supplement in its
decision-making process.
SECTION 3. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney
legaljef44hsm
- 2 -
. .
A--thlc.hman+-
STATEMENT OF OFFICIAL ACTION
I;)€,
c..
PROJECT
NUMBER: DR 470, AZ 5368-Y, EIR 887
LOCATION: 2320 Wilshire Boulevard
APPLICANT: HSM Group/Kennedy-wilson
REQUEST:
Approval of
square-foot,
ment with a
replacement
corridor.
a five-story, 66'-6" tall, 108,980
2068 FAR commercial office develop-
four-level subterranean garage and
of a car wash in the Wilshire
PLANNING COMMISSION ACTION
5/16/90
X
Date.
Approved project based on the following findings
and subject to the conditions below.
Denied.
Other.
SITE REVIEW FINDINGS
1. With the conditions of approval, the physical location,
size, massing, and placement of the proposed structures on
the site and the location of proposed uses within the
project are compatible with and relate harmoniously to
surrounding sites and neighborhoods, in that the building
is located on Wilshire Boulevard which is characterized by
a range of commercial development, including office build-
ings both larger and smaller than the development recom-
mended by staff; and that the proposed development with
its five-story height, stepbacks along the alley eleva-
tion, and landscaping provides an appropriate transition
between the commercially-zoned land on wilshire and the
residentially-zoned land to the south of wilshire.
2. The rights-of way can accommodate autos and pedestrians,
including parking and access, in that the site design pro-
vides adequate driveway and parking facilities and the
si te is adj acent to three improved streets: tHlshire
Boulevard, 23rd Street and 24th street.
3. The health and safety services (police, fire, etc.) and
public infrastructure (e.g. utilities) are sufficient to
- 1 -
.
.
accommodate the new development, in that the project is
proposed to be an in-fill of an already developed area
with all necessary services and infrastructure pre-
established.
4. Anyon-site provision of housing or parks and public open
space, which are part of the required project mitigation
measures required in Subchapter 5G of the City of Santa
Monica Comprehensive Land Use and Zoning Ordinance, satis-
factorily meet the goals of the mitigation program, in
that the proj ect will be required to comply with this
program.
5. The project is generally consistent with the Municipal
Code and General Plan, in that the project as conditioned
is designed to meet all code and General Plan require-
ments, with the exception of the required parking
variance.
6. Reasonable mitigation measures have been included for all
adverse impacts identified in an Initial study or Environ-
mental Impact Report, in that all reasonable mitigation
measures recommended by the EIR and its Addendum have been
included as conditions of approval for the project.
7. That the application for this project was filed in accor-
dance with ordinance 1321 and the Land Use Element of the
General Plan on April 22, 1988, and on April 29, 1988 was
deemed substantially complete relative to the provisions
of Ordinances 1441 and 1449, and on May 10, 1988, the
Planning Division issued a letter deeming the application
complete in accordance with the aforementioned laws.
8. That in September 1988, the City adopted a new Zoning Or-
dinance, which included a similar, although not identical
standard for deeming projects complete as was included in
Ordinances 1441 and 1449, and that the Zoning Ordinance
language contains internally inconsistent language by
referring to the two ordinances and their standards for
deeming projects complete, and also provides a slightly
different standard for the date by which proj ects must
have been deemed complete.
9. That the project application is consistent and in confor-
mance with the procedural requirements of Ordinances 1321,
1441 and 1449 and the zoning Ordinance. The ambiguity
created in the Zoning Ordinance language must be resolved
by examining the overall statutory framework. In view of
the legislative history underlying ordinances 1441 and
1449 and the Zoning ordinance, and the city's determina-
tions regarding the subject project and its processing,
finding of consistency is appropriate.
10. That in June 1989, a Planning Division staffperson altered
the radius map for the proj ect by inserting the date
"April 22, 1988" on it, and that this was an inappropriate
- 2 -
.
.
action which has no relevance to the determinations
regarding a complete application which were made in April
and May 1988.
VARIANCE FINDINGS
1. There are special circumstances or exceptional charac-
teristics applicable to the property involved, including
size, shape, topography, location, or surroundings, or to
the intended use or development of the property that do
not apply to other properties in the vicinity under an
identical zoning classification, in that the number of on-
site parking spaces exceeds the code requirement and the
inclusion of compact and tandem parking spaces will not
detrimentally affect the circulation and parking patterns
of the project.
2. The granting of such variance will not be detrimental or
injurious to the property or improvements in the general
vicinity and district in which the property is located, in
that similar proj ects in the past have utilized compact
and tandem parking with no significant impact on circula-
tion patterns or neighboring properties and that provided
parking is in excess of that required.
3. The strict application of the provisions of this Chapter
would result in practical difficulties or unnecessary
hardships, not including economic difficulties or economic
hardships, in that past projects have incorporated compact
and tandem parking spaces with no significant impacts and
the total number of parking spaces provided exceeds the
required number.
4. The granting of a variance will not be contrary to or in
conflict with the general purposes and intent of this
Chapter, or to the goals, objectives, and policies of the
General Plan, in that the project as conditioned is con-
sistent with the General Plan.
5. The variance would not impair the integrity and character
of the district in which it is to be located, in that more
parking than is required will be provided and the variance
will not affect the appearance of the project.
6. The subject site is physically suitable for the proposed
variance, in that it is a recycling of commercial land
with the provision of adequate access and circulation.
7. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
variance vJOuld not be detrimental to public health and
safety, in that the project is an in-fill in a developed
area with all necessary improvements.
- 3 -
.
.
8. There will be adequate provl.sl.ons for public access to
serve the subject variance proposal, in that adequate
driveways will be provided and pedestrian sidewalks are in
existence.
9. The strict application of the provisions of Chapter 10 of
the City of Santa Monica Comprehensive Land Use and Zoning
ordinance would result in unreasonable deprivation of the
use or enjoyment of the propertYf in that similar approv-
als have been granted in the past which have not created
any deleterious effects and parking is provided for the
project in excess of that required.
SITE REVIEW CONDITIONS
Plans
10 This approval is for those plans dated 4/19/89, inclusive
of those features to be redesigned as conditioned herein,
a copy of which shall be maintained in the files of the
city Planning Division. Project development shall be con-
sistent with such plans, except as otherwise specified in
these conditions of approval.
2. within the context of the application1s grandfathered sta-
tus, the Plans shall comply with all relevant provisions
of Chapter 1, Article IX of the Municipal Code, (Zoning
ordinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
30 Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
4. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning Commission
Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning commission,
Architectural Review Board or Director of Planning.
5. Plans for final design, landscaping, screeningf trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
6. The Architectural Review Board, in its review, shall pay
particular attention to the projectls pedestrian orienta-
tion and amenities; scale and articulation of design ele-
ments; exterior colors, textures and materials; window
treatment; glazing: and landscaping.
Fees
7. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
- 4 -
.
.
air quality impacts resulting from both new and existing
development. The Plan will likely include an ordinance
establishing mitigation requirements, including one-time
payment of fees on certain types of new development, and
annual fees to be paid by certain types of employers in
the city. This ordinance may require that the owner of
the proposed project pay such new development fees and
that employers within the project pay such new annual em-
ployer fees related to the City's Transportation Manage-
ment Plan.
Demolition
9. Until such time as the demolition is undertaken, and un-
less the structure is currently in use, the existing
structure shall be maintained and secured by boarding up
all openings, erecting a security fence, and removing all
debris, bushes and planting that inhibit the easy sur-
veilance of the property to the satisfaction of the Build-
ing and Safety Officer and the Fire Department. Any land-
scaping material remaining shall be watered and maintained
until demolition occurs.
10. Unless otherwise approved by the Recreation and Parks De-
partment and the Planning Division, at the time of demoli-
tion, any street trees shall be protected from damage!
death, or removal per the requirements of Ordinance 1242
(CCS) .
11. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum
permitted by the Zoning Ordinance, shall be maintained
around the perimeter of the lot. The lot shall be kept
clear of all trash, weeds, etc.
12. Prior to issuance of a demolition permit, applicant shall
prepare for Building Division approval a rodent and pest
control plan to ensure that demolition and construction
activities at the site do not create pest control impacts
on the project neighborhood 0
Construction
12. Unless othenvise approved by the Department of General
Services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the projecto
13. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as deter-
mined by the Department of General Services shall be re-
constructed to the satisfaction of the Department of
General Services. Approval for this work shall be ob-
tained from the Department of General Services prior to
issuance of the building permits.
- 5 -
.
.
14. Vehicles hauling dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
15. Street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
(Ordo 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parkso
16. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General
Services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
archi teet i 2) Describe how demolition of any existing
structures is to be accomplished; 3) Indicate where any
cranes are to be located for erection/construction; 4)
Describe how much of the public street alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion; 5) Set forth the extent and nature of any piledriv-
ing operations; 6) Describe the length and number of any
tiebacks vlhich must extend under the property of other
persons; 7) specify the nature and extent of any dewater-
ing and its effect on any adjacent building; 8) Describe
anticipated construction-related truck routes, number of
truck trips, hours of hauling and parking location; 9)
Specify the nature and extent of any helicopter hauling;
10) state whether any construction activity beyond normal-
ly permitted hours is proposed; 11) Describe any proposed
construction noise mitigation measures; 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel; 13) Provide a drainage
plan; 14) Provide a construction-period parking plan
which shall minimize use of public streets for parking;
15) List a designated on-site construction manager.
17. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
identify the address and phone number of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction periOd. said sign
shall also indicate the hours of permissible construction
work.
18. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during con-
struction at the project site. The pages shall be lami-
nated or otherwise protected to ensure durability of the
copy.
- 6 -
.
.
Environmental Mitigation
19. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Uaximum. 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
20. Prior to issuance of a Certificate of occupancy, project
owner shall present documentation to the General Services
Department certifying that existing Santa Monica occupan-
cies with toilets installed prior to 1978 have been retro-
fitted with ultra low-flow toilets (1.6 gallons per flush
or less) such that development of the new project will not
result in a net increase in wastewater flows. Flow from
existing occupancies which will be removed as part of the
new development may be deducted from flow attributable to
the new development if such occupancies have been occupied
within one year prior to issuance of a Building Permit for
the proposed project. Flow calculations for new develop-
ment and existing occupancies shall be consistent with
guidelines developed by the General Services Department.
21. To mitigate solid waste impacts, prior to issuance of a
Certificate of Occupancy, proj ect owner shall submit a
recycling plan to the Department of General Services for
its approval. The recycling plan shall include 1) list
of materials such as white paper, metal cans, and glass to
be recycled: 2) location of recycling bins: 3) desig-
nated recycling coordinator; 4) nature and extent of
internal and external pick-up service: 5) pick-up
schedule: 6) plan to inform tenants/occupants of service.
22. To mitigate circulation impacts, prior to issuance of a
Certificate of Occupancy, project owner shall submit a
transportation demand management plan to the Department of
General Services for its approval. This plan shall in-
clude: 1) Name, address and telephone number of desig-
nated person(s) responsible for coordinating transporta-
tion demand management measures at the development. Said
person(s) need not maintain full-time positions. 2) De-
mand management measures to be employed at the site to
reduce circulation impacts which would otherwise occur.
Such measures may include, but are not limited to programs
addressing: A. Education and Marketing to alert employees
and visitors to the site of demand reduction programs and
incentives; B. Parking Management such as parking charges
for single-occupant vehicles, reduced rates for car and
vanpools: c. Ridesharing programs such as a rideshare
matching program, incentives, and car and vanpool sub-
sidiesj D. Transit programs such as provision of bus
schedules to employees and visitors, subsidized bus tokens
and passes to employees and visitors: E. Bicycling pro-
grams such as provision of secure bicycle storage facili-
ties, provision of showers and lockersj F. Alternative
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.
.
Work Schedules for building employees to avoid peak AM and
PM traffic hours and reduce overall trips; G. Trip Length
Reduction by programs to increase proportion of employees
residing within three miles of the project site. The goal
of the Transportation Demand Management Plan shall be to
reduce vehicle trips which would otherwise occur by twenty
percent.
In the event that the City adopts a Transportation Manage-
ment Plan implementing ordinance which overlaps with the
requirements of this condition prior to issuance of a Cer-
tificate of Occupancy for the project, to the extent that
any provisions of this condition conflict with the im-
plementing ordinance, the ordinance shall supercede such
provisions.
23. Landscaping plans shall comply with Subchapter 5B (Land-
scaping Standards) of the Zoning ordinance use of water-
conserving landscaping materials, landscape maintenance
and other standards contained in the Subchapter.
Miscellaneous Conditions
24. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
25. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking or other
actions.
26. No medical office use shall be permitted at the site.
27. If any archaeological remains are uncovered during excava-
tion or construction, work in the affected area shall be
suspended and a recognized specialist shall be contacted
to conduct a survey of the affected area at project 1 s
owner I s expense. A determination shall then be made by
the Director of Planning to determine the significance of
the survey findings and appropriate actions and require-
ments, if any, to address such findings.
28. Refuse areas, storage areas and mechanical equipment shall
be screened in accordance with SI1MC Section 9040.13-
9040.15. Refuse areas shall be of a size adequate to meet
on-site need, including recycling. The Architectural Re-
view Board in its review shall pay particular attention to
the screening of such areas and equipment.
29. 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.
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Validity of Permits
30. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied 0
31. within ten days of Planning Division transmittal of the
Statement of Official Action, project applicant shall sign
and return a copy of the statement of Official Action pre-
pared by the Planning Division, agreeing to the Conditions
of approval and acknowledging that failure to comply with
such conditions shall constitute grounds for potential
revocation of the permit approval. By signing same, ap-
plicant shall not thereby waive any legal rights applicant
may possess regarding said conditions. The signed state-
ment shall be returned to the Planning Division. Failure
to comply with this condition shall constitute grounds for
potential permit revocation.
320 This determination shall not become effective for a period
of fourteen days from the date of determination or, if
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator.
Honitoring of Conditions
33. Pursuant to the requirements of Public Resources Code Sec-
tion 21081.6, the City Planning Division will coordinate a
monitoring and reporting program regarding any required
changes to the project made in conjunction with project
approval and any conditions of approval, including those
conditions intended to mitigate or avoid significant ef-
fects on the environment. This program shall include, but
is not limited to, ensuring that the Planning Division
itself and other City divisions and departments such as
the Building Division, the General Services Department,
the Fire Department, the Police Department, the Community
and Economic Development Department and the Finance De-
partment are aware of project requirements which must be
satisfied prior to issuance of a Building Permit, Certifi-
cate of Occupancy, or other permit, and that other respon-
sible agencies are also informed of conditions relating to
their responsibilities. Project owner shall demonstrate
compliance with conditions of approval in a written report
submi tted to the Planning Director and Building Officer
prior to issuance of a Building Permit or Certificate of
occupancy, and, as applicable, provide periodic reports
regarding compliance with such conditions upon its receipt
from the city of a written request for the same.
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.
SPECIAL CONDITIONS
34. To mitigate adverse bulk and traffic impacts of project as
identified in the EIR, floor area ratio of the project
shall be limited to 2.5. The fifth floor of the project
shall be permitted and the design of the remaining floors
shall remain substantially in conformance with the current
design of those floors with the requirement that a minimum
31' rear setback on the alley and 3' front setback on the
Wilshire frontage be provided. Otherwise, the building
footprint and setbacks shall remain in substantial confor-
mance with the plans approved by the Planning commission.
The width of the terraces provided along the wilshire
frontage of the third floor shall be increased to at least
seven feet. A terrace of at least seven feet in width
shall be provided along the wilshire frontage of the
fourth floor. Cutbacks at the Wilshire corners of the
fourth floor shall also be provided.
The revised project shall provide a minimum of one (non-
tandem) parking space for every 300 square feet of floor
area. The number of compact spaces shall not exceed 31%
of the total parking spaces.
35. The first floor floorplate shall be level with the side-
walk to permit distant, future recycling of the ground
floor of the building to retail use at such time as when
sufficient transportation management measures are in place
to make the prohibition of retail uses, based on the in-
herently greater traffic generation rate, unnecessary.
36. Vehicular access to the project shall be provided via two
driveways, one each on 23rd and 24th Streets. These
driveways shall be designed with forced turns towards wil-
shire Boulevard and with an adequate level area at top of
driveway ramp to provide safe sight distance of oncoming
pedestrians to the satisfaction of the Parking and Traffic
Engineer to minimize neighborhood impact.
370 On-site parking shall be provided without charge to cus-
tomers and employees at the project site unless and until
such time as a preferential parking district is es-
tablished in the proj ect area ~lhich in the judgement of
the Planning Director and Parking and Traffic Engineer
will adequately protect neighborhood residents from poten-
tial parking impacts of the project. width of the handi-
capped parking stalls shall be increased by one foot. The
revised parking layout shall be reviewed and approved by
the City parking and Traffic Engineer. The developer
shall provide attendent parking during the hours that the
office building is open for business.
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.
38. To mitigate traffic impacts identified in the environmen-
tal impact analysis, no car wash, retail or bank uses
shall be permitted in the project.
39. If requested by the Santa nonica Transportation Depart-
ment, prior to issuance of a Certificate of occupancy 1
proj ect owner shall provide and maintain a bus shelter
built to city specifications along the Wilshire frontage
of the project to facilitate use of bus transit by project
employees and visitors.
40. The exterior building materials shall be light in color.
No mirrored or darkly-tinted glass shall be used on the
exterior of the building. The ARB shall pay particular
attention to these elements of the development.
41. Prior to issuance of a certificate of occupancy for the
project, and if required by the General Services Depart-
ment, applicant shall perform to the satisfaction or reim-
burse the city for the cost of the following traffic
mitigation measures to mitigate the project's share of
traffic resulting in a significant impact at Cloverfield
Boulevard and the westbound Off-ramp during both the morn-
ing and evening peak hour.
The mitigation measures is as follows: The Cloverfieldj
westbound off-ramp can be mitigated by striping the second
westbound left-turn lane as a shared left-turn lane. This
shared lane, however, cannot be implemented until Clover-
field Boulevard is widened to a six-lane roadway with
left-turn channelization. This widening is recommended as
a near-term improvement in the draft city-wide traffic
study.
If required by the Parking and Traffic Engineer, project
owner shall install a "no left turn" sign on 23rd Street
and "no right turn" sign on 24th street facing the project
driveways to ensure that exiting traffic turns towards
Wilshire Boulevard.
42. Prior to issuance of a Certificate of Occupancy for this
project, the applicant shall confer with the Principal of
McKinley Elementary School and the President of its Parent
Teacher Association to discuss the potential impact of
this project on the safety of child pedestrian movements
to and from the school. Thereafter, the applicant shall
report to the City 1 S parking and Traffic Engineer all
recommendations agreed upon in those meetings. Applicant
shall take all appropriate action to implement any and all
recommendations approved by the city's Parking and Traffic
Engineer.
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.
PROJECT MITIGATION FEE CONDITION
10 In accordance with sections 9046.1 - 9046.4 of the Santa
Monica Municipal Code, prior to issuance of a building
permit the developer shall execute an irrevocable letter
of credit or other form of security 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 office floor area and $5.00jsq.ft. for the
remaining net rentable office 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 the 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 developing new park space
on or off the project site. To fulfill this obligation an
agreement shall be secured in writing by the devleoper and
approved by the City Attorney and City staff prior to is-
suance of a building permit. As of April 1990, this fee
would be approximately $594,700.00.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Farivar, Kaufman, pyne and Rosenstein
Lambert, Mechur and Nelson
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. This does not supercede Public
Resources Code Section 21167, which governs the time within which
jUdicial review of the city I s acts or decisions in connection
with the California Environmental Quality Act must be sought.
- 12 -
.
.
I hereby certify that this statement of Official Action accurate-
ly reflects the final determination of the Planning commission of
the city of Santa Monica.
si' naWi --tHJ::
da1)t ;'0
Mechur, Chairperson
name and title
I hereby aqree 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.
Applicantls Signature
Print Name and Title
PCjSDR470
SL
07/18/90
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~
CITY PLANNING DIVISION
Community and Economic Development Department
~m8rl+-
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,
'C.
MEMORANDUM
DATE: May 16, 1990
TO: The Honorable Planning Co~~ission
FROM: Planning staff
SUBJECT: Supplemental Staff Report for DR 470, ZA 536B-Y, EIA
887
Address:
Applicant:
2320 Wilshire Boulevard
HSM Group/Kennedy-Wilson
SUMMARY
This report provides responses to a Commissioner request for ad-
ditional information regarding two areas:
a) Water consumption of the car wash: and
b) Environmental mitigations which would be required for
three different land use scenarios built to a 2.5
F.AoR.
ANALYSIS
Water consumption of the Car Wash
Existing water usage at the project site is 15,464 gallons per
day (gpd). This figure represents the water consumption for the
existing car wash, as well as for the rental car agency and auto
repair/detail shop existing on the property 0 The existing car
wash facility uses fresh water and does not have an on-site water
reclamation system.
The proposed car wash facility would contain a partial water
reclamation system which, according to manufacturer specifica-
tions, could result in a 50 percent reduction in water consump-
tion compared to the existing car wash facility. Assuming no
change in volume of cars washed per day, it would be expected to
reduce daily water consumption by approximately 7,700 gpd.
The proposed 108,980 square-foot (2.68 F .A. R.) office building
would consume an estimated 6,692 gpd of water. Therefore, the
new proposed project would consume an estimated 14,392 gpd of
water. This figure projects that a net 1,052 gpd reduction in
water usage would occur if the proposed office and car wash proj-
ect replaced the existing uses on site.
- 1 -
Environmental Mitigations Required for Three Scenarios within a
2.5 F.A.R.
The Commissioner request identified three scenarios within a 2.5
F.A.R. project:
A) All office
B) Office with Car Wash
C) Offlce with Retail
The all-office alternative was examined in the Supplemental EIR
(SEIR Table 12, Alternative No.2). Similarly, a 2.5 F.A.R. of-
fice development with an unenclosed car wash (as opposed to an
enclosed car wash as currently proposed by HSM/Kennedy-Wilson)
was examined as an alternative in the original EIR for the proj-
ect (FEIR Table 9, Alternative No.2). The office with retail
alternative was not examined in the environmental analysis;
therefore, the accuracy and specificity of the impacts and
mitigation related to this alternative are linked with a wider
margin of error. Nonetheless, the following chart is presented
as a comparative tool. For purposes of this discussion, the
retail in Alternative C is assumed to comprise 5,000 square feet
of the ground floor.
ENVIRONMENTAL IMPACTS
Issue
Alternative A
Alternative B
Alternative C
Vehicle
Trip
Generation
1 , 3 88 ADT
203 AM Peak
200 PM Peak
1,790 ADT
210 AM Peak
230 PM Peak
Approxo 2,200 ADT
195 AM Peak
354 PM Peak
Water
consumption
6,705 Gal. /Day
14,405 Gal./Day
6,638 Gal./Day
Wastewater
Generation
6, 096 Gal. /Day
12,965 Gal./Day
5,974 Gal./Day
SIGNIFICANT ENVIRONMENTAL IMPACTS
Alternative A
Cloverfield Boulevard/westbound off-ramp
Alternative B
Wilshire Boulevardj23rd street
Wilshire Boulevard/26th street
Wilshire Boulevard/Yale Street
Cloverfield Boulevard/westbound off-ramp
Cloverfield Boulevard/eastbound on-ramp
- 2 -
Alternative C
Wilshire Boulevard/20th Street
Wilshire Boulevard/23rd Street
wilshire Boulevard/26th street
Wilshire Boulevard/Yale Street
Cloverfield Boulevard/westbound off-ramp
Cloverfield Boulevard/eastbound on-ramp
Environmental Mitigations
All of the significant traffic impacts listed above for the three
project alternatives may be eliminated by the mitigation measures
proposed in the SEIR:
(a) Provide a third through lane in both directions of Wilshire
Boulevard. This will require peak hour parking prohibitions
on both sides of Wilshire Boulevard in the vicinity of the
impacted intersections 0
(b) Provide a shared left/right-turn lane on the westbound
off-ramp and a second right-turn lane for northbound
Cloverfield Boulevard at the eastbound on-ramp. These
recommendations should coincide with the proposed widening
of Cloverfield Boulevard.
Prepared by: Shari Laham, Associate Planner
Attachment: A. SEIR, page 88 insert (Table 12)
SL
PC/DR470c
5/16/90
- 3 -
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7A
A*Qah~+- F
CITY PLANNING DIVISION
community and Economic Development Department
MEMORANDUM
DATE: May 2, 1990
TO: The Honorable Planning commission
FROM: Planning staff
SUBJECT: DR 470, ZA 5368-Y, EIA 887
Address:
Applicant:
2320 wilshire Boulevard
HSM Group
SUMMARY
This is an updated staff report from that received by the Plan-
ning commission for the hearing continued from August 1989. Ap-
plication for this project was made in April 1988. The project
was subject to several delays related to preparation of addition-
al environmental analysis and issues relating to applicable
development standards and processing requirements for the proj-
ect. The last Planning Commission action on the project occurred
in September 1989, when the scope of the Supplemental EIR was
set.
Proposed project: Certification of Enviromnental Impact Report,
EIA 887, and Approval of Development Review 470 and Variance ZA
5368-Y, to allow the construction of a five-story, 66 '-611 tall,
108,980 square-foot, 2.68 FAR commercial office development with
a four-level subterranean garage and replacement of a car wash in
the wilshire corridor.
Recommendation: Certify EIA 887 and approve DR 470 and ZA 5368-Y
at a reduced four-story height and reduced FAR with conditions.
This recommendation would 2.5, consistent tiith thellas-of-right"
standard for wilshire Boulevard at the time of application.
Permit Streamlining Expiration Date:
gO-day extension.)
August 8, 1989 (Includes
Rent Control Status:
trolled rental units.
site is in commercial use and has no con-
SITE LOCATION AND DESCRIPTION
The subject property is a 40,643 sq. ft. parcel located on the
south side of Wilshire Boulevard between 23rd and 24th Streets
having a frontage of 280 feet on Wilshire Boulevard and 145 feet
on each of the side streets. Surrounding uses consist of retail
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and office uses across Wilshire and to the east and west along
wilshire, and low-density residential (R2) to the south.
zoning Districts: C4 (previous zoning); C6 (current zoning)
Land Use Districts: Wilshire corridor
Parcel Area: 280' X 145' = 40,643 sq. ft.
PROPOSED PROJECT
The proposed project consists of the construction of a five-
story, 66'-6" tall, 108,980 square-foot commercial office
development with a four-level subterranean garage and replacement
of a car wash in the Wilshire Corridor.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed proj ect is consistent with the Municipal Code in
effect at the time the application was deemed complete and in
conformity with the General Plan as shown in Attachment A.
CEQA STATUS
An Environmental Impact Report (ErA 887) has been prepared for
this project. Copies of the Draft EIR were distributed to the
Planning Commission at the beginning of the 30-day public review
period. comments were received and the responses to the comments
are incorporated into the Final EIR. A Supplement to the EIR was
also prepared subsequent to the August hearing date. The Supple-
ment was circulated consistent with the requirements of CEQA, and
responses to comments received are provided as an attachment. A
resolution of certification of the Final EIR, which includes the
Supplement, is attached.
FEES
This project i~ subject to the Housing and Parks Project Mitiga-
tion Measures of the Land Use and Circulation Elements of the
General Plan. The project mitigation measures may be satisfied
by payment of an in-lieu fee to the city as established by Or-
dinance 1367 (CCS) and as outlined by condition of approval for
this project.
ANALYSIS
project Description
The originally-proposed project consisted of the demolition and
removal of all existing uses at the site and development of a
six-story, 118,640 sq. ft. building with a 10,585 sq. ft. car
wash facility at the rear. In staff's view, while it does gener-
ate a substantial volume of traffic, the car wash represents a
community-serving use, and replacement of the existing facility
is a positive aspect of the project.
- 2 -
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e
As originally designed, the car wash would have been partially
unenclosed. Retail uses were proposed for the ground floor Wil-
shire frontage. The entrance to the office portion of the proj-
ect was proposed for 23rd street, with an exit on 24th. Hourly
parking fees were proposed for tenants, employees and visitors to
the project. The FAR of the project was originally proposed at
2.92.
In response to the evaluation of the project in the Environmental
Impact Report, and as a result of comments and meetings with
residents of the project area, the applicant revised the project
design to address a number of concerns.
The changes made included cutting one story from the design and
adding increased building setbacks at the 3rd, 4th, and 5th
floors, fully enclosing the car wash facility to address poten-
tial adverse noise impacts associated with car wash operation,
deleting retail uses from the ground floor to reduce overall
traffic generation, changing the location of the primary vehicle
entrance and exit from the side streets to Wilshire Boulevard,
and proposing free parking for employees and tenants unless and
until a preferential parking district is established in the area.
The FAR of the project has been decreased from 2.92 to 2.68.
Parking and Variance
Four hundred and six parking spaces would be provided in the
proj ect. Two hundred twenty-eight of these, or 56%, would be
standard spaces, 125, or 31% would be compact spaces, 6 spaces or
1% would meet handicapped requirements, and 47 spaces, or 12 %
would be standard spaces in a tandem format. A variance is re-
quired for the compact spaces. The current municipal code would
permit 40% compact spaces as of right; because the project falls
under the former code standards, a variance is needed for that
aspect of the project. If the tandem spaces served as part of
the required parking for the project, a variance would be needed
for that aspect, however since an excess of parking is being pro-
vided, no variance is needed for the 47 tandem spaces.
The COde-required number of spaces for the office portion of the
project is 324 spaces. The former code lacked a parking standard
for car washes. However, using the current parking requirement
of two spaces per washing stall for the car wash portion of the
proj ect, this component would have a parking requirement of 32
spaces, resulting in an overall parking requirements of 356
spaces. The proposed 406 space-proj ect would exceed code re-
quirements by 50 spaces.
Although the developer contends that a variance for compact park-
ing spaces may not be required, on July 19, 1989, attorneys for
the developer submitted a variance application for compact
spaceso The current Zoning Ordinance permits up to 40% compact
spaces as-of-right for a commercial project. However, this proj-
ect is governed by the ordinance provisions in effect at the time
of application. At that time, the relevant code provisions did
not specify an allowable compact space percentage 0 Under the old
- 3 -
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ordinance, however, the city routinely approved projects with up
to 40% compact spaces without variances.
Arguably, the applicant could simply obtain approval of a project
under the old code without compact parking spaces, then re-stripe
the spaces to comply with the current code provisions. staff
feels it is more appropriate to have the applicant file a
variance application for compact spaces under the old code, since
the project itself has been filed under the old code. There is
no prejudice to the public in allowing this application to be
filed.
ENVIRONMENTAL IMPACT REPORT
An Environmental Impact Report (EIR) and a Supplement to it were
prepared on the project by willdan Associates, consultants to the
city. The EIR and the Supplement were each circulated for the
required public review period.
Among the issues identified in the EIR was the height of the pro-
posed project. The original application was for a six-story,
83', 2.92 FAR project. The effective development standards at
the time of the application are set forth in the Land Use Element
of the General Plan, which stated limits of four stories and 2.5
FAR, or with site Review, up to 3.0 FAR and six stories.
The EIR recommended a reduction in the height of the building to
address what it identified as adverse impacts resulting from the
building's height and bulk. In response to the EIR's recommenda-
tions and neighborhood concerns, the applicant has reduced the
height from six to five stories, and FAR has also been reduced
from 2.92 to 2.68.
The site review standards of the Land Use Element require that
the Planning Commission, or council on appeal, find among other
requirements, that the location, size and uses of site review
projects are compatible with the surrounding neighborhood, that
rightS-Of-way can accomodate projected traffic, and that the
project is generally consistent with the Municipal Code and
General Plan. In a number of recent projects, the planning Com-
mission has indicated that in order to receive the additional
height or FAR allowed through site review, such projects should
provide outstanding public amenities, mitigation, and the design
to balance the added impacts of greater height and FAR.
While the applicant has addressed the EIR's concern by reducing
building height by one story and reducing FAR, the project still
is higher than most other buildings in its vicinity. In addi-
tion, while it does provide setbacks at the ground floor and on
upper stories and the design represents a reasonable approach to
development in the area, the overall project does not present
significant benefits to the city which balance the added height
and FAR being requested. For this reason, staff is recommending
that the building height be reduced to four stories, with the
remaining floors maintaining their basic layout.
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simple elimination of the fifth floor would result in an FAR of
2.26. This was the staff recommendation in the August 2, 1989
staff report. In reviewing the issue of FAR since that time,
staff is concerned that this approach to FAR allowance was some-
what arbitrary.
Since the non-site review standard in effect at the time of ap-
plication was 2.5, and since the car wash facility may be con-
sidered a community-serving use, staff has reconsidered its pre-
vious recommendation and believes that the Commission should con-
sider approval at a 2.5 FAR, which would equate to a total square
footage of 101,608, a reduction from the 108,923 sq. ft. request-
ed by the applicant. Although 2.5 FAR is considered a "by right"
level of intensity, the Commission has discretion under the
Development Review Permit to impose conditions which mitigate
impacts or otherwise are deemed necessary.
Additionally, staff is recommending that the building design in-
corporate added building stepbacks to be reviewed further by the
Architectural Review Board.
Traffic and circulation
The draft EIR indicated that the originally-proposed project
would create significant traffic impacts at the following five
intersections: wilshire and 26th; Cloverfield and Santa Monica
Blvd.; Cloverfield and Colorado; Wilshire and 23rd; and Santa
Monica Blvd. and 23rd.
The draft indicated that all of these significant impacts could
be mitigated with feasible mitigation measures, which are iden-
tified on pages 4-14 through 4-22 of the EIR and also in the
response to comments section. The EIR also identified a reduc-
tion in project size would serve as an alternate mitigation mea-
sure to street improvements. The EIR indicated that at reduc-
tions to a 13,500 sq. ft. along with the exclusion of all retail
uses would also eliminate significant impacts.
As a result of the environmental impacts identified in the EIR
and citizen dialog with the developer, the developer revised the
project in several respects relating to traffic impacts. The two
principal driveways were relocated from the side streets to Wil-
shire. Retail uses were eliminated. Floor area was reduced from
over 118,000 sq. ft. to about 109,000 sq. ft.
To analyze the down-sized version of the project, including the
relocation of the principal vehicle access to the project, Will-
dan prepared a Supplemental EIR. The results of this analysis
include the following:
-Due to the elimination of bank and retail uses, the revised
project would generate significantly less traffic.
-The revised project would have significant impacts at five
intersections: 26th and Wilshire during the evening peak hour,
Wilshire and 23rd during the evening peak hour, Wilshire and Yale
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during the evening peak hour, and Cloverfield Blvd. and the west-
bound off-ramp during both the morning and evening peak hour, and
the east-bound ramp during the evening peak hour.
-Mitigation measures are available to address each of these im-
pacts. The Cloverfieldjwestbound off-ramp can be mitigated by
striping the second westbound left-turn lane as a shared left-
turn lane. This shared lane, however, cannot be implemented un-
til Cloverfield Boulevard is widened to a six-lane roadway with
left-turn channelization. This widening is recommended as a
near-term improvement in the draft City-wide traffic study.
The Cloverfield/eastbound on-ramp can be mitigated by providing a
second northbound right-turn lane. This measure should be in-
cluded in the near-term improvement of widening Cloverfield
recommended by the City-wide traffic study.
Impacts at Wilshire/26th, wilshire/23rd, and Wilshire/Yale can be
mitigated by provision of a third through lane in both directions
of Wilshire during the peak hours. The third through lanes would
require peak hour parking prohibitions on both sides of Wilshire
from 150 feet east to 150 feet west of each cross street. Ap-
proximately 41 parking spaces 'Would be eliminated during peak
hours.
If the Planning Commission accepts the staff recommendation to
limit FAR to 2.5, only one intersection (Cloverfield/westbound
offramp) will be significantly impacted.
The consultant also recommended that the City closely monitor the
intersection of 23rd and Arizona, and consider installation of a
traffic signal if justified in the future.
The consultant also examined the issue of differences between the
traffic impact analysis for the HSM project versus the Madame Wu
project which was recently approved by the Commission. The con-
sul tant concluded that the mitigation measures recommended for
the HSM project could mitigate relevant impacts of the Madame Wu
projecto
CONCLUSION
The basic layout and uses of the project conform to the relevant
requirements of the Municipal code and General Plan that were in
effect at the time of application. Of partiCUlar concern,
however, are the height and bulk of the project in relation to
the standards for site Review. staff is recommending that the
project be reduced in scope from five to four stories in the ab-
sence of significant aspects of the project justifying a site
review bonus. This reduction would further mitigate adverse
height, bulk, and traffic impacts of the proposed project. Staff
is also recommending that some additional terrace areas be pro-
vided on the upper floors of the building.
Alternatives which may be considered by the Commission include:
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-Approval of the five-story version of the project as requested
by the applicant.
-Approval of a reduced 4-story, 2.5 FAR project consistent with
the tlas-of-right" standards in effect at the time of application.
-Approval of a reduced 4-story, 2.26 FAR project as previously
recommended by staff.
-Deletion of the car wash use from the project, which would re-
duce trips associated with the project, but which would eliminate
a commmunity-serving use. If the car wash were to be eliminated,
a limited amount of retail uses should be considered for the
ground-floor Wilshire frontage of the project, which encompasses
an entire block.
-Further reductions in FAR and/or height.
-Denial of the project.
RECOMMENDATION
It is recommended that the Planning Commission:
1) Adopt the attached resolution certifying the EIR for the
project; and
2) Approve a reduced four-story version of the proposed proj-
ect with the following findings and conditions.
DEVELOPMENT REVIEW FINDINGS
1. Wi th the conditions recommended by staff, the physical
location, size, massing, and placement of the proposed
structures on the site and the location of proposed uses
within the project are compatible with and relate harmo-
niously to surrounding sites and neighborhoods, in that
the building is located on Wilshire Boulevard which is
characterized by a range of commercial development, in-
cluding office buildings both larger and smaller than the
development recommended by staff; and that the proposed
development with its four-story height, stepbacks along
the alley elevation, and landscaping provides an appropri-
ate transition between the commercially-zoned land on Wil-
shire and the residentially-zoned land to the south of
Wilshireo
2. The rights-of way can accommodate autos and pedestrians,
including parking and access, in that the site design pro-
vides adequate driveway and parking facilities and the
site is adjacent to three improved streets: Wilshire,
24th, and 23rd.
3. The health and safety services (police, fire, etc.) and
public infrastructure (e.g. utilities) are sufficient to
accommodate the new development, in that the project is
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proposed to be an in-fill of
with all necessary services
establised.
an already developed
and infrastructure
area
pre-
4. Anyon-site provision of housing or parks and public open
space, which are part of the required project mitigation
measures required in Subchapter 5G of the city of Santa
Monica Comprehensive Land Use and Zoning ordinance, satis-
factorily meet the goals of the mitigation program, in
that the proj ect will be required to comply with this
program.
5. The proj ect is generally consistent with the Municipal
Code and General Plan, in that the project as conditioned
is designed to meet all code and General Plan require-
ments, with the exception of the required parking
variance.
6. Reasonable mitigation measures have been included for all
adverse impacts identified in an Initial study or Environ-
mental Impact Report, in that all reasonable mitigation
measures recommended by the EIR and its Addendum have been
included as conditions of approval for the project.
7. That the application for this project was filed in accor-
dance with Ordinance 1321 and the Land Use Element of the
General Plan on April 22, 1988, and on April 29, 1988 was
deemed sUbstantially complete relative to the provisions
of ordinances 1441 and 1449 on April 29, 1988, and on May
10, 1988, the Planning Division issued a letter deeming
the application complete in accordance with the aformen-
tioned laws.
8. That in September 1988, the City adopted a new Zoning Or-
dinance, which included a similar, although not identical
standard for deeming projects complete as was included in
Ordinances 1441 and 1449, and that the Zoning Ordinances
1441 and 1449, and that the Zoning Ordinance language con-
tains internally inconsistent language by referring to the
two ordinances and their standards for deeming proj ects
complete, but also providing a slightly different standard
for the date by which proj ects must have been deemed
complete.
90 That the project application is consistent and in confor-
mance with the procedural requirements of Ordinances 1321,
1441 and 1449 and the zoning ordinance. The ambiguity
created in the Zoning Ordinance language must be resolved
by examining the overall statutory framework. In view of
the legislative history underlying Ordinances 1441 and
1449 and the Zoning Ordinance, and the Cityls determina-
tions regarding the subj ect proj ect and its processing,
finding of consistency is appropriate.
10. That in June 1989, a Planning Division staffperson altered
the radius map for the proj ect by inserting the date
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"April 22, 1988" on it, and that this was an inappropriate
action which has no relevance to the determinations
regarding a complete application which were made in April
and May 1988.
VARIANCE FINDINGS
1. There are special circumstances or exceptional charac-
teristics applicable to the property involved, including
size, shape, topography, location, or surroundings, or to
the intended use or development of the property that do
not apply to other properties in the vicinity under an
identical zoning classification, in that the number of on-
site parking spaces exceeds the code requirement and the
inclusion of compact and tandem parking spaces will not
detrimentally affect the circulation and parking patterns
of the project.
2. The granting of such variance will not be detrimental or
injurious to the property or improvements in the general
vicinity and district in which the property is located, in
that similar projects in the past have utilized compact
and tandem parking with no significant impact on circula-
tion patterns or neighboring properties and that provided
parking is in excess of that required.
3. The strict application of the provisions of this Chapter
would result in practical difficulties or unnecessary
hardships, not including economic difficulties or economic
hardships, in that past projects have incorporated compact
and tandem parking spaces with no significant impacts and
the total number of parking spaces provided exceeds the
required number.
4. The granting of a variance will not be contrary to or in
conflict with the general purposes and intent of this
Chapter, or to the goals, objectives, and pOlicies of the
General Plan, in that the project as conditioned is con-
sistent with the General Plan.
50 The variance would not impair the integrity and character
of the district in which it is to be located, in that more
parking than is required will be provided and the variance
will not affect the appearance of the project.
60 The subject site is physically suitable for the proposed
variance, in that it is a recycling of commercial land
with the provision of adequate access and circulation.
7. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
variance would not be detrimental to public health and
safety, in that the project is an in-fill in a developed
area with all necessary improvements.
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8. There will be adequate provisions for public access to
serve the subject variance proposal, in that adequate
driveways will be provided and pedestrian sidewalks are in
existence.
9. The strict application of the prOVlSlons of Chapter 10 of
the city of Santa Monica Comprehensive Land Use and Zoning
Ordinance would result in unreasonable deprivation of the
use or enjoyment of the property, in that similar approv-
als have been granted in the past which have not created
any deleterious effects and parking is provided for the
project in excess of that required.
CONDITIONS
Plans
1. This approval is for those plans dated 4f19f89, a copy of
which shall be maintained in the files of the city Plan-
ning Division. Project development shall be consistent
with such plans, except as otherwise specified in these
conditions of approval.
2. Within the context of the application's grandfathered sta-
tus, the Plans shall comply with all relevant provisions
of Chapter 1, Article IX of the Municipal Code, (Zoning
ordinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monicao
3. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
4. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be SUbject to planning Commission
Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
5. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
60 The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities; scale and articulation of design ele-
ments: exterior colors, textures and materials; window
treatment: glazing: and landscaping.
Fees
7. The city is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality impacts resulting from both new and existing
development. The Plan will likely include an ordinance
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establishing mitigation requirements, including one-time
payment of fees on certain types of new development, and
annual fees to be paid by certain types of employers in
the city. This ordinance may require that the owner of
the proposed proj ect pay such new development fees and
that employers within the project pay such new annual em-
ployer fees related to the City's Transportation Manage-
ment Plan.
Demolition
9. Until such time as the demolition is undertaken, and un-
less the structure is currently in use, the existing
structure shall be maintained and secured by boarding up
all openings, erecting a security fence, and removing all
debris, bushes and planting that inhibit the easy sur-
veilance of the property to the satisfaction of the Build-
ing and Safety Officer and the Fire Department. Any land-
scaping material remaining shall be watered and maintained
until demolition occurs.
10. Unless otherwise approved by the Recreation and Parks De-
partment and the Planning Division, at the time of demoli-
tion, any street trees shall be protected from damage,
death, or removal per the requirements of Ordinance 1242
(CCS) .
11. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum
permitted by the Zoning ordinance, shall be maintained
around the perimeter of the lot. The lot shall be kept
clear of all trash, weeds, etc.
12. Prior to issuance of a demolition permit, applicant shall
prepare for Building Division approval a rodent and pest
control plan to ensure that demolition and construction
activities at the site do not create pest control impacts
on the project neighborhood.
Construction
12. Unless otherwise approved by the Department of General
Services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
13. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as deter-
mined by the Department of General Services shall be re-
constructed to the satisfaction of the Department of
General Services. Approval for this work shall be ob-
tained from the Department of General Services prior to
issuance of the building permits.
14. Vehicles hauling dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
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15. 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 Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
16. A construction period mitigation plan shall be prepared by
the applicant for approval by the Department of General
Services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
archi tect; 2) Describe how demolition of any existing
structures is to be accomplished; 3) Indicate where any
cranes are to be located for erection/construction; 4)
Describe how much of the public street alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion; 5) Set forth the extent and nature of any piledriv-
ing operations; 6) Describe the length and number of any
tiebacks which must extend under the property of other
persons; 7) specify the nature and extent of any dewater-
ing and its effect on any adjacent building; 8) Describe
anticipated construction-related truck routes, number of
truck trips, hours of hauling and parking location; 9)
Specify the nature and extent of any helicopter hauling;
10) State whether any construction activity beyond normal-
ly permitted hours is proposed; 11) Describe any proposed
construction noise mitigation measures; 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel; 13) Provide a drainage
plan; 14) Provide a construction-period parking plan
which shall minimize use of public streets for parking;
15) List a designated on-site construction manager.
17. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
identify the address and phone number of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction period. Said sign
shall also indicate the hours of permissible construction
work.
18. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during con-
struction at the project site. The pages shall be lami-
nated or otherwise protected to ensure durability of the
copy.
Environmental Mitigation
19. Ultra-low flow plumbing fixtures are required on all new
development and remodeling where plunwing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
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20. Prior to issuance of a Certificate of Occupancy, project
owner shall present documentation to the General Services
Department certifying that existing Santa Monica occupan-
cies with toilets installed prior to 1978 have been retro-
fitted with ultra low-flow toilets (1.6 gallons per flush
or less) such that development of the new project will not
result in a net increase in wastewater flows. Flow from
existing occupancies which will be removed as part of the
new development may be deducted from flow attributable to
the new development if such occupancies have been occupied
within one year prior to issuance of a Building Permit for
the proposed project. Flow calculations for new develop-
ment and existing occupancies shall be consistent with
guidelines developed by the General services Department.
2L To mitigate solid waste impacts, prior to issuance of a
Certificate of Occupancy, project owner shall submit a
recycling plan to the Department of General services for
its approval. The recycling plan shall include 1) list
of materials such as white paper, metal cans, and glass to
be recycled ~ 2) location of recycling bins; 3) desig-
nated recycling coordinator; 4) nature and extent of
internal and external pick-up service; 5) piCk-Up
schedule; 6) plan to inform tenants/occupants of service.
22. To mitigate circulation impacts, prior to issuance of a
certificate of Occupancy, project owner shall submit a
transportation demand management plan to the Department of
General services for its approval. This plan shall in-
clude: 1) Name, address and telephone number of desig-
nated person(s) responsible for coordinating transporta-
tion demand management measures at the development 0 2)
Demand management measures to be employed at the site to
reduce circulation impacts which would otherwise occur.
Such measures may include, but are not limited to programs
addressing: A. Education and Marketing to alert employees
and visitors to the site of demand reduction programs and
incentives; B. Parking Management such as parking charges
for single-occupant vehiCles, reduced rates for car and
vanpools; C. Ridesharing programs such as a rideshare
matching program, incentives, and car and vanpool sub-
sidies: D. Transit programs such as provision of bus
schedules to employees and visitors, subsidized bus tokens
and passes to employees and visitors; E. Bicycling pro-
grams such as provision of secure bicycle storage facili-
ties, provision of showers and lockers: F. Alternative
Work Schedules for building employees to avoid peak AM and
PM traffic hours and reduce overall trips; G. Trip Length
Reduction by programs to increase proportion of employees
residing within three miles of the project site. The goal
of the Transportation Demand Management Plan shall be to
reduce vehicle trips which would otherwise occur by twenty
percent.
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In the event that the City adopts a Transportation Manage-
ment Plan implementing ordinance which overlaps with the
requirements of this condition prior to issuance of a Cer-
tificate of Occupancy for the project, to the extent that
any provisions of this condition conflict with the imple-
menting ordinance, the ordinance shall supercede such
provisions 0
23. Landscaping plans shall comply with Subchapter 5B (Land-
scaping Standards) of the Zoning Ordinance use of water-
conserving landscaping materials, landscape maintenance
and other standards contained in the Subchapter.
Miscellaneous Conditions
24. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
25. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking or other
actions.
26. No medical office use shall be permitted at the site.
27. If any archaeological remains are uncovered during excava-
tion or construction, work in the affected area shall be
suspended and a recognized specialist shall be contacted
to conduct a survey of the affected area at proj ect ' s
owner I s expense. A determination shall then be made by
the Director of Planning to determine the significance of
the survey findings and appropriate actions and require-
ments, if any, to address such findings.
2B. Refuse areas, storage areas and mechanical equipment shall
be screened in accordance with SMMC Section 9040.13-
9040.15. Refuse areas shall be of a size adequate to meet
on-site need, including recycling. The Architectural Re-
view Board in its review shall pay particular attention to
the screening of such areas and equipment.
29. 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.
Validity of Permits
30. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
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31. Within ten days of Planning Division transmittal of the
statement of Official Action, project applicant shall sign
and return a copy of the statement of Official Action pre-
pared by the Planning Division, agreeing to the Conditions
of approval and acknowledging that failure to comply with
such conditions shall constitute grounds for potential
revocation of the permit approval. By signing same, ap-
plicant shall not thereby waive any legal rights applicant
may possess regarding said conditions. The signed state-
ment shall be returned to the Planning Division. Failure
to comply with this condition shall constitute grounds for
potential permit revocation.
32. This determination shall not become effective for a period
of fourteen days from the date of determination or, if
appealed, until a final determination is made on the ap-
peal. Any appeal must be made in the form required by the
Zoning Administrator.
Monitoring of Conditions
33. Pursuant to the requirements of Public Resources Code Sec-
tion 21081.6, the city Planning Division will coordinate a
monitoring and reporting program regarding any required
changes to the project made in conjunction with project
approval and any conditions of approval, including those
conditions intended to mitigate or avoid significant ef-
fects on the environment. This program shall include, but
is not limited to, ensuring that the Planning Division
itself and other City divisions and departments such as
the Building Division, the General Services Department,
the Fire Department, the Police Department, the Community
and Economic Development Department and the Finance De-
partment are aware of project requirements which must be
satisfied prior to issuance of a Building Permit, Certifi-
cate of Occupancy, or other permit, and that other respon-
sible agencies are also informed of conditions relating to
their responsibilities. Project owner shall demonstrate
compliance with conditions of approval in a written report
submi tted to the Planning Director and Building Officer
prior to issuance of a Building Permit or Certificate of
Occupancy, and, as applicable, provide periodic reports
regarding compliance with such conditions.
SPECIAL CONDITIONS
34. Operating hours for the car wash component of the project
shall be 9: 00 AM to 4: 30 PM, to reduce impacts on peak
hour congestion and reduce operating-related impacts on
nearby neighborhoods.
35. To mitigate adverse height, bulk, and traffic impacts of
project as identified in the EIR, the fifth floor of the
project shall be eliminated and the design of the remain-
ing floors shall remain substantiallY in conformance with
the current design of those floors. Floor area shall be
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limited to 2.5. The building footprint and setbacks shall
remain in substantial conformance with the plans approved
by the Planning Commission.
The width of the terraces provided along the Wilshire
frontage of the third floor shall be increased to at least
seven feeto A terrace of at least seven feet in width
shall be provided along the Wilshire frontage of the
fourth floor. Cutbacks at the wilshire corners of the
fourth floor shall also be provided.
The Architectural Review Board shall review the redesigned
project to ensure that it is consistent with the basic
design themes of the five-story version of the project.
Parking may be reduced at a ratio of one space for every
270 sq. ft. of floor area eliminated from the version re-
quested by the applicant.
36. On-site parking shall be provided without charge to cus-
tomers and employees at the project site unless and until
such time as a preferential parking district is es-
tablished in the project area which in the jUdgement of
the Planning Director and Parking and Traffic Engineer
will adequately protect neighborhood residents from poten-
tial parking impacts of the project. Width of the handi-
capped parking stalls shall be increased by one foot. The
revised parking layout shall be reviewed and approved by
the City Parking and Traffic Engineer. The developer
shall provide attendent parking during the hours that the
office building is open for business.
37. To mitigate traffic impacts identified in the environmen-
tal impact analysis, no retail or bank uses shall be per-
mitted in the project, other than the car wash facility.
38. If requested by the Santa Monica Transportation Depart-
ment, project owner shall provide and maintain a bus shel-
ter built to City specifications along the wilshire
frontage of the project to facilitate use of bus transit
by project employees and visitors.
39. The exterior building materials shall be light in coloro
No mirrored or darkly-tinted glass shall be used on the
exterior of the building. The ARB shall pay particular
attention to these elements of the development.
400 The car wash shall incorporate an on-site water reclama-
tion system, such as the Hanna Model 60, which reduces
water consumption by 50%. This system shall be subject to
the approval of the General Services Department.
41. Prior to issuance of a certificate of Occupancy for the
project, and if required by the General Services Depart-
ment, applicant shall perform to the satisfaction or reim-
burse the City for the cost of the following traffic
mitigation measures to mitigate the project's share of
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traffic resulting in significant impacts at five intersec-
tions: 26th and wilshire during the evening peak hour,
Wilshire and 23rd during the evening peak hour, Wilshire
and Yale during the evening peak hour, and Cloverfield
Blvd. and the west-bound off-ramp during both the morning
and evening peak hour, and the east-bound ramp during the
evening peak hour.
The mitigation measures are as follows: The Cloverfield/
westbound off-ramp can be mitigated by striping the second
westbound left-turn lane as a shared left-turn lane. This
shared lane, however, cannot be implemented until Clover-
field Boulevard is widened to a six-lane roadway with
left-turn channelization. This widening is recommended as
a near-term improvement in the draft City-wide traffic
study. The Cloverfield/eastbound on-ramp can be mitigated
by providing a second northbound right-turn lane. This
measure should be included in the near-term improvement of
widening Cloverfield recommended by the city-wide traffic
study. Impacts at Wilshire/26th, Wilshire/23rd, and Wil-
shire/Yale can be mitigated by provision of a third
through lane in both directions of Wilshire during the
peak hours. The third through lanes would require peak
hour parking prohibitions on both sides of Wilshire from
150 feet east to 150 feet west of each cross street. Ap-
proximately 41 parking spaces would be eliminated during
peak hours. The City shall also closely monitor the
intersection of 23rd and Arizona, and consider installa-
tion of a traffic signal if justified in the future.
If the Planning Commission accepts the staff recommenda-
tion to limit FAR to 2.5, there would be no significant
traffic impacts except at Cloverfield/westbound offramp.
In this event, only the mitigation measure specified above
for this intersection would be required to be implemented.
If required by the Parking and Traffic Engineer, project
owner shall install "no left turn" signs on Wilshire
facing the project driveway to ensure that exiting traffic
turns right.
42. Prior to issuance of a Certificate of Occupancy for this
project, the applicant shall confer with the Principal of
McKinley Elementary School and the President of its Parent
Teacher Association to discuss the potential impact of
this project on the safety of child pedestrian movements
to and from the school. Thereafter, the applicant shall
report to the Cityl s Parking and Traffic Engineer all
recommendations agreen upon in those meeting. Applicant
shall take all appropriate action to implement any all
recommendations approved by the city's Parking and Traffic
Engineer.
PROJECT MITIGATION FEE CONDITION
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1. In accordance with Sections 9046.1 - 9046.4 of the Santa
Monica Municipal Code, prior to issuance of a building
permit the developer shall execute an irrevocable letter
of credit or other form of security acceptable to the city
for the payment of an in-lieu fee for housing and parks
equal to $2.25jsqoft. for the first 15,000 sq. ft. of net
rentable office floor area and $5.00jsq.ft. for the
remaining net rentable office 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 the 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 developing new park space
on or off the project site. To fulfill this obligation an
agreement shall be secured in writing by the devleoper and
approved by the city Attorney and City staff prior to is-
suance of a building permit. As of April 1990, this fee
would be approximately $594,700.00.
Prepared by:
D. Kenyon Webster, Principal Planner
Shari Laham, Associate Planner
Attachments:
Ao Municipal Code and General Plan Conformance
B. Radius and Location Map
c. Project statistics Summary Sheet
D. Resolution of Certification of EIR
E. Statement of Certification of EIR
F. Final EIR, EIA 887
G. Addendum to Final EIR, ErA 887
H. Second Addendum to Final EIR, EIA 887
I. Supplemental EIR
J. Responses to Comments on Supplemental EIR
DKW:SL:eg
PCjDR470
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Land Use
Category Municipal Code Element Project
Permitted Use Commercial Commercial Office/carwash
Height 6 stories/901 4 stories/56' 5 stories/66I
w. site review
6 stories/84,
F.A.R. 3.3 2.5; with site 2.68
review, 3.0
Parking 356 same 406
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