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SR-082289-12B #:2-'007 yc1J 12 g :t) , ," - j/! })'"!,<") j:/l&' -- ," ,. AUG 2 Z 1989 Santa ~~ica, Cal~fornia , C/ED:PB:DKW:AS Council Mtg: August 22, 1989 TO: Mayor and City Council FROM: City staff SUBJECT: Appeal of Planning Commission Approval of Development Review 425, Variance 89-006, EIA 868, 1746 Ocean Avenue, six story, 138,369 square-foot Hotel with 221 Parking Spaces Provided in a Three-Level Subterranean Garage, Appl icant: Maguire Thomas Partners, Appellant: Sharon Gilpin and Laurel Roennau. INTRODUCTION This report recommends that the City Council deny the appeal and uphold the Planning commission's approval of Development Review 425, Variance 89-006, and certification of the Environmental Impact Report, EIA 868, to permit construction of a six-story, 138,369 square foot hotel with 221 parking spaces located in a three-level subterranean garage. At the meeting of June 14, 1989, the Planning commission approved the project on a 5-1 vote, Sharon Gilpin and Laurel Roennau are appealing that decision. The appeal statement is provided in Attachment A. BACKGROUND The hotel development is proposed to be constructed on a 65,234 square foot parcel located on the west side of Ocean Avenue between Pica Boulevard and Colorado Avenue. The project is comprised of a 320 seat restaurant located on the ground floor, 1456 square feet of meeting room space, a 3455 square foot health club with sport court for hotel guests only, 190 square feet of - 1 - \2-8 Au~.: '2 ~j ~G~~~ , retail space, and a total of 175 guest rooms located on two subterranean levels and on floors one through six. The effective development standards for this project are a height of 56 feet and a Floor Area Ratio (FAR) of 2.5. Land Use Element Policy 1.5.8 permits hotel developments in the Oceanfront district to be governed by FAR and building height in feet rather than by the number of stories. The subject development application is for a project with a maximum height of six stories/54.s feet and a FAR of 2.12. The project also requires a Variance to permit 38% of the 221 parking spaces to be compact size stalls. The project design features a wide, 35 foot setback from Ocean Avenue to accommodate the passenger drop-off area as well as landscaping along the length of the Ocean Avenue frontage. The development includes a large, central courtyard that steps down the slope of the hill at the rear of the site with terraces and landscaping. Numerous balconies and small terraces are incorporated at each building level. The building massing has been designed to minimize the impacts on the neighboring residential uses to the south. The bulk of the building is located along the north property line by the Loews Hotel. To both the west and to the south the building steps down substantially with terraces, covered walkways and pergolas. An Environmental Impact Report (EIR) has been prepared for this project and approval of a resolution certifying the adequacy of the ErR is recommended. Comments received and the responses to - 2 - the comments are incorporated into the Final EIR. This document is attached for your review (Attachment F). The project reviewed by the Planning commission included a request for a Conditional Use Permit to allow 12,578 square feet of office space on the sixth floor. An Addendum to the Final EIR was prepared to analyze the potential impacts of this proj ect modification (Attachment G). However, at the Planning commission hearing, the applicant withdrew this CUP and the Planning Commission, in its approval of the project, required that the sixth floor be used for hotel rooms only. At the Planning Commission public hearing the Commission approved the project with the addition of a number of Special Conditions. Public testimony at the hearing displayed a substantial community concern regarding construction related impacts. The Planning Commission, therefore, required that a Construction Monitoring Committee, composed of an immediate neighbor of the project, a representative from Maguire Thomas Partners, and City staff be established to handle the construction related complaints and concerns of the surrounding neighbors. Issues that cannot be resolved are to be arbitrated by the Planning Commission. In addition, the Commission imposed a series of constructicn mitigation measures suggested and outlined by the applicant. These measures include limiting construction hours to 7:00 a.m. to 3:30 p.m., Monday through Friday, requiring that noisier operations be conducted after 8:00 a.m., prohibiting construction workers from congregating at the job site before 7:00 a,m., utilizing Ocean Avenue for the delivery of most construction - 3 - materials, and providing off-site parking for construction workers and a staging area for material deliveries in an area east of Ocean Avenue, These measures are more fully outlined in the Planning Commission statement of Official Action contained in Attachment C. Other conditions added by the Planning Commission aimed directly at the physical impact of the project on the neighborhood included requiring that access to the hotel restaurant be provided from Ocean Avenue as well as from the interior of the hotel to increase the pedestrian accessibility to the project, establishing a landscaped buffer along the "finger lot" that projects from the site's south property line and extends 95 feet to Sea View Terrace, requiring that building equipment ducts and the garage exhaust system be directed away from Appian Way, relocating the hotel kitchen to the north side of the project or insulating it from the Sea View Terrace residents with a sound buffer, and, to reduce congestion on Appian Way, restrict the Appian Way garage entrance for use by employees and area residents only, In general, however, the Planning Commission was complimentary of the project design, noting that the massing and scale was sensitive to the project site, The Planning Commissioner who did not support the project stated that, given the impacts already generated by the One Pico hotel project currently under construction, there are clearly impacts that will result from the subject proposal that cannot be mitigated. - 4 - ANALYSIS The project appellants, at this time, have not submitted supplemental information outlining the specific reasons for the appeal. However, on the appeal form submitted they stated that "the FEIR is inadequate in that it fails to identify potential adverse impacts that could significantly impact the area, including, but not limited to, traffic, noise, air quality, health, safety, and welfare concerns." The appeal form is contained in Attachment A. The EIR prepared for this project provides a detailed analysis of traffic, air quality, and noise related impacts. The construction of the hotel project was found to have significant traffic impacts at only one intersection, Ocean Avenue and pica Boulevard. As recommended in the EIR, to mitigate this impact the southbound approach on Ocean Avenue will be restriped to provide an additional lane. This mitigation measure, which was incorporated into the conditions of approval for the project, will improve the level of service and reduce the volume/capacity ratio at this intersection to below the cumulative base condition. Thus, the significant impact would be mitigated. Air quality impacts were found to be adverse but not significant. However, by implementing mitigation measures such as watering to reduce construction-related dust particles, maintaining construction equipment to minimize exhaust emissions, and halting construction activities during stage Two smog alerts and periods - 5 - of high winds, these impacts will be reduced to an insignificant level. Noise related impacts were also found to be adverse but not significant. Construction related noise, although short-term in nature, can disturb surrounding neighbors. However, as previously noted, the applicant has agreed to limit construction hours, regulate material deliveries to the job site, construct noise barriers, and notify the neighborhood of upcoming construction events and estimated durations, Upon completion of the project, as demonstrated by Table 15 of the EIR, project generated noise impacts will not increase the decibel level by a perceptable amount. To regulate building equipment noise, the Planning commission has required that building equipment ducts and the garage exhaust system be directed away from Appian Way. In addition, hotel deliveries are limited to 8 a.m. to 6 p.m. The maj ori ty of the Planning commissioners reviewing the EIR found the document to be an adequate and complete appraisal of project related impacts. The commission certified the document by a 5 to 1 vote, Since the commission meeting, staff has given much consideration to the condition requiring a Construction Monitoring Committee (Condition No. 62) and providing for Planning Commission arbitration of unresolved complaints. We believe the committee is an excellent idea. However, we are concerned that the Commission is not the proper entity to arbitrate disputes. We feel that the nature, timeliness, and variety of issues of - 6 - possible complaints are such that it would be more appropriate for the city Manager to appoint an individual to arbitrate unresolved disputes. In this manner, someone who is knowledgeable in construction issues could be quickly designated to handle a problem, With regard to the construction period mitigation plan referred to by Condition No. 16, we would also suggest that the Building Official be added to the review prior to approval of building permits. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the Council deny the appeal and uphold the decision of the Planning Commission to approve Development Review 425, VAR 89-006, and certify the Environmental Impact Report, EIA 868 with the findings and conditions contained in the June 14, 1989 Planning Commission statement of Official Action, Prepared by: Paul Berlant, Director of Planning D, Kenyon Webster, principal Planner Amanda Schachter, Associate Planner D. E, F, Appeal from Sharon Gilpin and Laurel Roennau Planning Commission staff Report dated 6/14/89 Planning Commission Statement of Official Action Planning commission Minutes date 6/14/89 Resolution of Certification of ErR Final ErR, ErA 868 Attachments: A, B. C. - 7 - AS: PC/CCDR425 08/09/89 G. Addendum to Final EIR H. Project Plans - 8 - .. . 1'rHfc/IMfAJI'Jf'- UJitCtHltJ' fl~ ,Ja,~2:LI" Cltyof - ~ Santa MOijl~a s; - -. \4n\:''''' Community and Economic Develo~'1t ~partment Planning and ZOning DivisIon f':,' \ 4;l[)J CC (213) 4-58.8341 vD,. r APPEAL FORr.4'8~ JUN 27 P 2 'J'3 Date Filed L/dtJ"I Received by ,"7~ t ~ t-- Receipt No FEE: $100.00 Name -s.tlAl?oN ("ll-\>\.N \ \....CuJiQQ ~ Address \11..<;"'l'l\e.. \'raM~(J2,~~14 G;1Y'V\ <1~O\ Contact Person L;;>t\A-loN blL-'V\Al Phone ~~. 4Cl4\o Please descnbe the project and decIsion to be appealed Iv 'yt.,"Cl-l I \ ~g , '6\4 ~,~t. k~ ~ 114lD 0 ~ IlJ \+-.... Co.. 1 .\L ~A.e. ~ D.. III <,('l:l;.(U ,\ ~'L 9,1 q 4=1 ..ft... irJ-t I u, t->ul (du..v W ~ IfctMl ~ lfut"""lI~ c!(,f .MN~ ~ Z :(.,'FM' ,.. \J - \ UJe.- ~ '-f\t...c. l1./<l"I(~.t '-'m..t Ot\ tt 4-zh " c.vr-W..l(/'.:t~;,J"V', i)) ~ e \'12. - ~ IA 7,Vii,' ~, C"i\ r,;v4,'" {J1Aik ~ -+N ~1A-.tv..L . ifY>1)1l If . u4k. 'ilfi -00'" J,0 ..M i1~~ovA.\. ~" PL. . I I . . Case Number 'w. yt'$;' / ' Address I1Lllp /)(IJ./'.)JJ\./.we. ~~ """ r1=b3 Oc..MM -4ve./i5/Iri.u.. ~W't,(;, Applicant t'Ytacv<i'rl' --n..Ul'rt-\tWl ~~ . vu ' Onglnalheanngclale ,?vM 11 ~~q r~d ~ crvW2. 14/lq3q , Qnglnal ac~on MorC1Jllt Di<. t\7..S ; ~((l(ll"lrV~ (JAIL xq..OO(..' ('ur-t:.A.,~LJ e:,~ I F-IA jIs{,,~ ~ d.o1,~j{'~P Ef1~_ - . - ~ -, I l) , . Please slate the specific reason(s) for the appeal A~ c ~k< fea~l't-ID I ftu.. t:E Ii? ,;, (M6Id....~ c..... ~ '~oJn 40 \deM.~ \(Ot~ o.d',VeNY-- Vl\A.f0.l-+.9 --HrI.rt" c.cruIO U ~~--K~"1 UMf!?tt ~ o-.r(:M I,.AN__tv-~UM. ~ Vw-I- vw+ i~ -\0 ~ --\vCl{.~'<" ~ (\(~ . tV.,r tMJttl.d;... ,VI~. ~d-..l .-!.Nv.f weUc.vJf' (L'Y\(ob'\JJ. ---('~.D i=F,~'<- . 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I1lj ,I d.IYs IO:':!'N rlQ rnu :'J.lll (II r..l on 101 wnlt:~ :J"llIDllI'll I~ Mlltln '1'1. A:.r""!':"l.1~~') "'. ,'~n ;"1. ',"II,III':INJ .n"~III.r.::l~'1 "~.I O. :j' 1;> J Appeal Hl!arlllWlII r ",:"IJI: lIul r.;u oJ !r, _~lJ.AI.JI" ". 'r'~ ..1111 f"!:'''ln",: I.., r I tr" r 'f' .",":,. II'" 0"."," II,r'~ 1..11 'N'!""] ,,4." ':i,,~ ',m .ll:.l.' Ellecllvl! DillE' 01 ApPl!OIIW Ar.Uons '~I: ~r..(,p. Ic;o~llol"I:.cprr"n,ll(~..\ttJrlll" 1.~rr""'!r'.llr.l"i "'!':-I~I:rr~/cnll't1^,1r"II,I',' '""W:) 1"lflCll~rnl'j1l.rl' n'I(..'r"r.I....ldn '" dl ",1 b "'" ,rl~ ,.IIc tl" 1(1 r I( ..'. i . I II' : : , -i I 1.'1 ~: I ,. f' (,'" ..: :~..r'n l:ll /0." .,(' rrllll ,'0) C:.rl lur,',ICIl rl~I1".I: .IJ Il III r, Ii C,)I,' I ~I'II,I'CI b('('~111'" r, 1 'ie r' ,!' ,11111.11 I ...i,r:M J 1.\ II'" (,,1 '( Coun'.. ::I~( '"e,' ql,I~:l Appoal Fl!l'S Ml:'r'~..,rt.J" ~h: Crv CC"IJI'C I,m~ 1.1' :"1"1' 1 C :r :11,"1'0.' ",II, I i II I:.. f( l1 Ifl ~ t". p. f 1 r ... ....,'....:1 II'.' In ip~ "II ~ if" a~Ctu'l1cJ!I~_~_'b_I&", City of " ~'::. Santa MOlJil~a~. -, '\':";^' CommunIty and Economic DeveloP'J1j!1ll 'gIepartrnent Planning and Zoning O1V1slon (213) 458-8341 APPEAL FORMS> c! f!~ Co JUN 27 P2 33 FEE $100 00 Dale Filed iJ'DIi?? Received by '? '1A · "" 1- Receipt No . Name -;'HIH?c,A! ("I<-)IN \ \...WJI~ ~.,.,.,., Address \11..<; "T\\e. ~f"fI\'-\M~-sl'-~1t.l "'r1>"'\ "'I~D{ Contact Peroon 7lIA-aorJ bIL\>\Al PhOne M~ tf04"" Please descnbe!he pIOJeCIand declSlon 10 be appealed G yi;,,"'-l.l ,I ~g-. rll1 <:.1 ,1+. t",'\Iil "* J14l. 0<.td.V'.. t~,~ c" 7. l1.~Aii2. ~ Co. In <,/tWu ,\~q.,\I,l'1 "'" ~t-.'1ll-!flO to,."ftl"^,,, V"~ ,,-Q;t....J. ~ .rl.rt"^'"">~ I!'-- ........1"" 7 ~". f~' ", V I \)Jt- ~111. '--1'",-,,- oJ4..,f.w::t;;l" vll'tJ {J'fI);i <f7f;," " ~tU,:t""^ ~ ~ F'.\e - /=;-iA ""I.i' ~ ,<'1I~v,,~ ~""* ~-#o.P w.:tr....... -~;tl-, uAk. 'i\'i-DOc",k,(.bJ n.<>Orav61 r..A lr.. ., . , - Case NV~bel )tz. 't\~ , Address 111.J'" {J(oLJ.oA A<;e..!~ -\, !i'b3 10,~ 4ve.1 N(Nu. IL.u...P.-J"""1 Applicant liIor..-lirr --rIo...>MLA.b' ~ ' uv Onglnalheanrl9dale A.1'>R.1. r1M rmCli:.wtJ' .J.o),.,..... '~rl%q OngrnalactHln AQO(D1J2it M l.\~. A""r""e.& uAI2:.'Q<i-(IOC, "'oX-tAA,~[i F:lle./IO-IA?<l.8' .dC,"bf(AJP81~ -- . , '11'- Please sta1e the specIfIC reason{s) lOl the appeal A,'\V,,"'<'! o~ fealt.'>1.D, --I-\.u... f'E'~ ,1. 'M"~e.-wrt:P v.... ~ ,)<Jc.J.b 40 IdtM.-w....." iX:t~ <>dutl/<"c. L"J'\oWOId:o ~ c..:.vlr, (.- ~.~~ lMo-f",ct ...t-w." ';(~M VN..welL,l",,! . Vwt wrt' l~ -k> ~ ..\v<>{'b,e. I r'\(~ . /)j,J( &...I"l ~ I VlP~ . ~d:.J .!MA ,JJ€f.lcvorf' (M(a...1/) -ri.,," j:f'I'<- 11\ V~~Jd, "M~"..w}\en 'rIA.:9 r~ t^,d- Q ;"",rri ,J,....~ o...IJ.N~ C1 ~Il lJ\uJ~ie.- ' 'I vI) If ad<!;IOna! spaco . needed ".. baok oj form S:gnature ~fM.lN\l- ~-v--- Date --\iN 02'/ ; \9(\'1 7~- C' t= Santa Monica MIInlc pal CO~E ~ i~ I Subcnaqet1 OL-- ~peaI"a ~ , r Saclion913:U AppealD1tellon {~ , i-- ..' (a) Anyperson mayappeaiadeClslOl\oIlhe ZonIl1llAdmillistralor:=:"Ie :':a.",-;; :Cllm'SS1olf,' II deci~or "'C ~." 'I ';; Commi~onon,suehappealsr.allbtfinal and nolsubiettlofIJ-ha"a:lp>,j I,."'i CllyCounc1l. * lb) --Jonype~ maylijipealanoogonal <ledSlon oJ1f1Q Planmns CcT~ s~o'll= \-'3 :;Ity Cooncol~. ":~ ,.. [Cl 0ilC!! an appeal i&1Iled.!he appelfatellodymay re_ andlake a~'~' <lI a C~ ~tmlnalfons, Inierpfellillo"5 J" ":"~,__ r -.. ju(l.\ments,Orsimllar<!donstakenwhidlwereinlheJlUl'llewc ,~=.~,.... ~a"gbOOr9nlheawical"'''~'J.r: andJS ! 0' "llOlIJmitedlllcnlylheQrfgrnalr~$taledlOrltreappeal "" 'S I ~~n$l3ll:'f1l1nll~ A~~ % -- ~ __ ,~ i, [a) A/lPeaI$ sllaIl be ~sedm lhe appellate b:>dy llI'la lorm prC;';'::!C~ t. ..... i"lng-Admlrlisllalor pursu--: .. ". (,co ~jGJ. The.appetWJfshallSIale!hespecifll(reason$ O":/ll!:.!SH' ..aPPial ~_ ',' --<, (b) Ari~ota ZonmgAdmo' o"nlSllaloractlOO>hallo'be fiIOO ",m ill, PoiI r no;: '" or WIthin 14 conseCUllve c~...",', ~..S > foIIooingl/ledats 01 acOOn from wl'IoIlanappealis lak~n_ 1, " , [c( AIlappeai or Ii PlanningCO/nlnissiondeclsion inalllle filE!dinlhe c"ee~' .,. : '. CIeIk andwilh the Zonl,... ~:' . nlor ; . wl1h1ll14to!l6eC1A1w caJandar days fobwlg lIIt4alEl ofactllln .~. ....,~ to' awallS macle __ -- I ~;;:~~:;:'l,~~,... - .._~,' ~ SacIion 11132.4 'ijleclIve Date of Appe~ AcIIcns "-- ,. i (ai ~ asilJle_Ixo'lKled1or In lIvs-Cha;lter.anaCf.on OFh Z,- -g'\"~ -, ,kirappeared !o1l1e Pia' -~ ~.''''ISSlon "0 shpJ1ml beoome eff9clIveunleSund tlIl!iI appr-O'Iedb)'1he CAr... 5~:. _ {Il} AnacllClnoftl1e Commission appeared f01I1eClty CAuncilsha~.o;) tmc- ( "'ar fC unless a"!l1.lllIiapprc.,,: =. '"e ';~y ~ -,Cottlct f " -:::.-. ,. SectlCl<'\il32.5 Appeal Fees. Mlm!be;~oflhe,Crl)'COunaland Planning Commlsson shalllHllbe ,,: le~"t;;>. > 'eewhBnfil"'ll anappe-al . . ~t?2-"'-OI07- Sharon Gilpin 1725 The Promenade #324 Santa Monica, CA 90401 393-4046 June 27, 1989 Paul Berlant Planning Department 1685 Main st. Santa Monica CA 90401 Clarice Johnsen City Clerk 1685 Main st. Santa Monica CA 90401 Re: DR 425iVAR 89-006iEIA 868 Appeal of Planning commission Decision 1746 Ocean Ave/Hotel; 1733 Ocean Ave/ Office Bldg. Dear Mr. Berlant and Ms. Johnsen: Attached is our check in the amount of $100 and the Appeal Form for the above referenced project. Neither Ms. Roennau or I are available for any July council meetings and request that this appeal be put on any council agenda after July, 1989. If you have any questions, please don't hesitate to call. Very truly yo~s, 01-twN\ p~ sharon Gilpin ATTACMENT B CITY PLANNING DIVISION community and Economic Development Department M E M 0 RAN DUM DATE: June 14, 1989 TO: The Honorable Planning commission FROM: Planning Staff SUBJECT: DR 425, VAR 89-006, CUP 89-038, EIA 868 Address: Applicant: 1746 Ocean Avenue Maguire Thomas Partners SUMMARY Action: Application for Development Review, Variance, Condition- al Use Permit and certification of an Environmental Impact Report to permit the construction of a six story, 138,369 square-foot hotel and office development with three levels of subterranean parking. The Development Review application is subject to review under the provisions of the previous zoning ordinance. The Variance to permit compact parking stalls and Conditional Use Permit to permit office uses in the Rve District are subject to the provisions of the current zoning ordinance. Recommendation: Approval with conditions. Permit streamlining Expiration Date: Although the Permit Stream- lining Expiration Date for this project was on March 22, 1989, the applicant has agreed, pursuant to California Government Code 65956, to give the City 30 days notice prior to its intent to provide public notice regarding approval of the project under the permi t Streamling Act. The City has 60 days from the date of this notice to act on the development application. Such notice has not been given as of this time. Action on the project by the Planning Commission will address the city's responsibilities under the Permit Streamlining Act. SITE LOCATION AND DESCRIPTION The subject property is a 65,234 sq. ft. parcel located on the west side of Ocean Avenue between Vicente Terrace and Autoway and extending to Appian Way. The parcel has a frontage of two hun- dred feet along both Ocean Avenue and Appian Way. Surrounding uses consist of the five story Loews Hotel (RVC) to the north, one and two story residential uses (RVC) to the south, the three story Flamingo Hotel (CC) to the east which is the site of an - 9 - office development proposed by the applicant, and the Sea Castle Apartments (R3) to the west. Zoning Districts: R4/RVC Land Use Districts: Ocean Front South Parcel Area: 65,234 sq. ft. PROPOSED PROJECT Proposed is a six story, 138,369 square-foot hotel/office development with a total of 152 hotel rooms located on two sub- terranean levels and on floors 1 through 5, a 320 seat restaurant located on the ground floor, 1456 square feet of meeting room area, a 3455 square-foot health club and sport court for hotel guests, and 12,578 square-feet of office space located on the sixth floor. (Due to a recalculation of the building square footage, the building square footage on floors 2 through 6 is approximately 2% less than the square footage noted in the Adden- dum to the Environmental Impact Report.) The project reaches a maximum height of 54.5 feet and has a Floor Area Ratio (FAR) of 2.12. A Variance is required to permit 38% of the 221 parking spaces to be compact size stalls. A Conditional Use Permit is required to to permit one floor of office space in the RVC district. Since both these applications were filed after the adoption of the cur- rent zoning Ordinance in september, 1988, the provisions of ex- isting code will apply to this portion of the project. The applicant requested mOdifying the project to include office space following issuance of the Final Environmental Impact Re- port. Planning staff advised the applicant that the substanta- tive development standards for the project are those specified in the Land Use Element and the former zoning ordinance. However, since uses are allowed to change in structures that are non- conforming as to height and density, provided that other Municipal Code requirements such as parking are :met, Planning staff determined that a CUP could be filed to permit the office space. Essentially, since the current Zoning ordinance permits office space in the RVC district with a CUP, the applicant could wait until after the proj ect was constructed, and then request the change of use. Instead, the applicant has elected to file this request concurrently with the Development Review applica- tion. An Addendum to the Final Environmental Impact Report has been prepared to analyze the potential impacts of the project modifications. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A with the exception of a variance to permit 38% of the parking spaces to be compact size stalls. - 10 - CEQA STATUS An Environmental Impact Report (EIR) has been prepared for this proj ect as well as for the office development proposed by the same applicant at 1733 Ocean Avenue and approval of a resolution certifying the adequacy of the EIR is recommended. Copies of the Draft EIR were distributed to the Planning commission at the beginning of the 45-day public review period. Comments received and the responses to the comments are incorporated into the Final EIR. RENT CONTROL STATUS The 91 room Kensington Hotel has received a hotel exemption under Charter Section l801(c) (1) of the Rent Control law. At the time the application for the subject proposal was filed, the City At- torney determined that this exemption was sufficient to enable Planning staff to accept and process the application. However, this exemption does not enable the applicant to remove the hotel units. Pursuant to Charter Section l803(t), prior to demolishing the existing units the applicant will be required to obtain any permits or approvals deemed necessary from the Rent Control Board. FEES It is anticipated that the Coastal Commission will impose an Af- fordable Housing Mitigation Fee to reduce the impact of removing the 91 hotel rooms from the project site. In addition, the proj- ect may be subject to a Transportation Mitigation Fee as outlined below in the conditions of approval. ANALYSIS Consistency with Land Use Element The proposed hotel/office development is located in the Ocean- front-South land use district. Land Use Element policies in this area encourage the development of visitor serving uses, including hotel accommodations and restaurants. Policy 1.5.1 stipulates that the Oceanfront district should be devoted primarily to visi- tor related uses while POlicy 1. 5.3 encourages the assembly of land for the construction of visitor accommodations. In addi- tion, to further facilitate the development of hotel uses, the height of hotel structures is governed by the maximum height in feet and maximum FAR permitted in the district rather than by the number of stories. As proposed, the project is consistent with the policies and ob- jectives for the Oceanfront-South area. The project provides a total of 158 guest rooms, smaller than both the recently complet- ed Loews Hotel adjacent to the project site and the 1 pico Hotel southwest of the project site. The 320 seat restaurant and bar, although open to the general public, will primarily serve hotel guests. The health club will be available only to hotel guests - 11 - and, therefore, will not additionally impact the neighborhood with traffic and patrons. The project, at 54.5 feet, is within the permitted height limit for the district. Conditional Use Permit for Office The application for the proposed project was filed and deemed complete prior to April 29, 1988. Therefore, the prevailing development standards for the project are those specified in the Land Use Element. Since that time, the applicant has elected to include one floor of office space, in lieu of 17 hotel rooms, on the sixth floor. This application was filed on May 18, 1989 and, consequently, is subject to the regulations of the current zoning ordinance. Under the current code the subject property is zoned Residential/ Visitor/Commercial (RVC). This district permits office uses above the first floor with approval of a Conditional Use Permit. This modification to the proj ect does not change the proj ect' s building envelope or exterior elevations. The total square footage of the project increases slightly from 138,219 to 138,369. An Addendum to the EIR has been prepared to assess any additional impacts that might result from the proj ect change. The Addendum found that the reduction of hotel rooms and the in- clusion of office space in the propose project would not generate additional significant environmental impacts that cannot be miti- gated. In that the proposed office space does not significantly alter the scope and character of the project, the office space is located on the sixth floor of the project and will be occupied by the project applicant, and that the addition does not require any physical changes to project design, staff recommends approval of the CUP. Parking Variance and Access A total of 154 parking spaces are required for the project per the Municipal Code. The hotel portion must provide a total of 77 parking spaces, based on a requirement of one parking space for each of the first 40 rooms and one parking space for every three rooms thereafter. The restaurant/bar, meeting rooms, retail, and office areas must provide a total of 77 parking spaces, based on a requirement of one parking space per 250 square feet of floor area. (An error in the Addendum to the EIR states that 187 park- ing spaces are required.) The project provides a total of 221 parking spaces in a three level subterranean garage, exceeding the code requirement by 34 spaces. Of these spaces, 38% are com- pact size stalls. Current code permits, by right, a maximum of 40% of the total number of spaces provided, to be compact. In that the project provides parking in excess of the code require- ment and that current code would automatically allow the compact stalls, staff recommends approval of the variance request. Access to the the subterranean parking levels is provided via a 20 foot wide two-way driveway from Appian Way as well as from a 16 foot one-way driveway from Ocean Avenue. Vehicles entering from Ocean Avenue may either pull into a 40 foot wide passenger - 12 - drop-off area or proceed through to the ramp down to the parking levels. project Design The hotel project features a wide, 35 foot setback from Ocean Avenue to accommodate the passenger drop-off area as well as landscaping along the length of the Ocean Avenue frontage. This provision is consistent with Land Use Element policy 3.5.5 which encourages new buildings along this portion of Ocean Avenue to provide substantial front yard setbacks to allow for trees and landscaping. The building design inclUdes a large, central courtyard that steps down the slope of the hill with terraces and landscaping. The hotel swimming pool is located at the base of the terrace by Appian Way. Numerous balconies and small terraces are included at each building level. The building massing has been designed to m~n1m1ze the impacts on the neighboring residential uses to the south. The bulk of the building has been located along the north property line by the Loews Hotel. To both the west and to the south the building steps down sUbstantially with terraces, covered walkways, and pergolas. Hotel Development The proposed 152 room hotel development represents the third new hotel project in the Oceanfront area between Colorado Avenue and pico Boulevard. Land Use Element policy 1. 5.9 requires that a report be prepare on existing and proposed hotel development in the city after each 750 hotel rooms are added to the city'S in- ventory. This study, which is currently underway, has determined that since the adoption of the Land Use Element a total of 1138 new hotel rooms located in seven different projects have been approved. Of these, 349 rooms are located at the Loews Hotel adjacent to the project site, and 196 rooms are located at the 1 pica hotel southwest of the project site. Although this rep- resents approximately 38% of the total hotel rooms approved in the city, the Land Use Element identifies the Oceanfront area as the primary visitor serving district in the City. Given the location of the proposed hotel between the ocean, the downtown, the Main street Commercial area, and the Civic Center, staff believes an additional, somewhat smaller hotel is be suitable and that recycling of the existing deteriorated buildings at the site is appropriate. ENVIRONMENTAL IMPACT REPORT An Environmental Impact Report was prepared for both the subject project, as well as for the proposed office development at 1733 Ocean Avenue, which analyzed a number of areas of potential proj- ect-related impacts, including: land use, light and glare, shadows, aesthetics, utilities, traffic and circulation, fiscal, and neighborhood effects. The EIR concluded that the project alone would not generate any significant adverse environmental impacts that could not be mitigated. The major areas of the EIR are discussed below. - 13 - Traffic and Circulation sixteen intersections were analyzed in the EIR to determine the the volume/capacity ratios (V/C) and levels of service (LOS) during the morning and evening peak hours. The study found that four of the analyzed intersections are currently operating at LOS E or F during the evening peak hour (4th Street & Olympic, 4th Street & Pico, pico & Lincoln, and Ocean Park Blvd. & Lincoln) while one intersection is operating at LOS E during the morning peak hour (4th & olympic). With the addition of the project under cumulative base conditions the traffic impact analysis determined that, prior to mitigation, the project would create significant traffic impacts at the Ocean Avenue and pico Boulevard intersection and at the Neilson Way and Ocean Park Boulevard intersection. After the implementation of the following mitigation measures these impacts would be reduced to a less than significant level: Ocean Avenue and Pico Boulevard Restripe the southbound approach on Ocean Avenue to pro- vide an additional lane. This will allow the approach to have two left-turn lanes, one through lane, and one shared through/right-turn lane. Neilson Way and Ocean Park Boulevard Restripe the southbound approach of Neilson Way to provide an additional lane allowing for one left-turn lane, one through lane, and one shared through-right turn lane. When the hotel development is combined with the traffic generated by the proposed office project at 1733 Ocean Avenue, the follow- ing seven intersections experience significant impacts: 4th st. & I-IO WB Off-ramp 4th st. & Olympic Blvd. pico Blvd. & Ocean Ave. pico Blvd. & Main st. pico Blvd. & 4th st. pico Blvd. & Lincoln Blvd. Ocean Park Blvd. & Neilson Way However, with the addition of the previously noted conditions as well as the mitigation measures outlined below, the project re- lated impacts are reduced to an insignificant level. In fact, as demonstrated by Table 32 of the EIR, the operation of the im- pacted intersections at the cumulative level would be better after construction of the project and implementation of the recommended mitigation measures than if there was no project. The LOS would improve at four of the seven intersections while the V/C ratios would be reduced between 5% and 33% below the cumulative base conditions at all seven intersections. - 14 - 4th street and I-10 Off-Ramp Restripe the westbound off-ramp to provide three lanes, an exclusive left-turn lane, a shared left-turn and right- turn lane, and an exclusive right-turn lane. (This mea- sure has already been completed.) 4th street and Olympic Boulevard Widen the southbound approach of Fourth street by removing the sidewalk on the east side of the bridge over I-10 to allow the pavement to be widened from 55 feet to 60 feet and provide two through lanes and two left-turn lanes. Main street and pica Boulevard Restripe the westbound approach of pica Boulevard to pro- vide an additional lane to accommodate two left-turn lanes, one through lane, and one shared through/right-turn lane. 4th street and pica Boulevard Restripe the eastbound approach of Pico Boulevard to pro- vide an additional lane to accommodate two left-turn lanes, one through lane, and one shared through/right-turn lane. Lincoln Boulevard and Pico Boulevard Restripe the eastbound approach of pica Boulevard to pro- vide one additional lane to accommodate one left-turn lane, two through lanes, and one exclusive right-turn lane. The EIR states that these measures were selected as low-cost, easily implementable means of improving the operating conditions of the impacted intersections during the peak hours. Wastewater The Addendum to the EIR estimates that the proposed hotel/office project would generate 30,680 gallons per day (gpd) of wastewa- ter. Current wastewater generation for the 91 room hotel on the project site is 13,650 gpd. This represents an increase of 17,030 gpd. The applicant will be required to attempt to achieve a zero-net flow through a City-approved program. The net increase represents approximately 19.7 percent of the city I s six-month wastewater allocation. (The Addendum to the EIR states that when the office project at 1733 Ocean Avenue is combined with the pro- posed hotel project the total daily sewage flow is 13,400 gpd. This should be corrrected to 14,120 gpd.) - 15 - Fiscal As estimated in the Addendum to the EIR, the proposed project will generate net revenue to the City. The sources of municipal revenue will be business license fees, transient occupancy and sales taxes, property taxes and the utility users tax. After deducting costs incurred by the City for the provision of ser- vices such as police and fire protection and public works, the yearly net revenue generated by the proj ect is proj ected to be $550,760. CONCLUSION The proposed hotel/office development is consistent with the policies and objectives for the Oceanfront South land use dis- trict and the RVC zone in that it provides visitor serving com- mercial uses, the office component of the project is clearly sep- arate from the hotel portion and does not require any visible modifications to the building's design, more than adequate park- ing is provided, and no significant environmental impacts that cannot be mitigated will result from the project's construction. RECOMMENDATION It is recommended that the Planning Commission approve DR 425, CUP 89-038, VAR 89-006 and approve the resolution certifying the Environmental Impact Report, EIA 868 subject to the following findings and conditions. DEVELOPMENT REVIEW FINDINGS 1. The physical location, size, massing, and placement of proposed structures on the site and the location of pro- posed uses within the project are compatible with and re- late harmoniously to surrounding sites and neighborhoods, in that the project has been sensitively massed to locate the largest portion of the building along the north prop- erty line by the five story Loews Hotel and by stepping down the project along the south and west portions of the site that abut existing residential units. 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the site design pro- vides adequate driveway facilities from both Ocean Avenue and Appian Way and that the project provides 221 parking rather than the minimum 154 spaces required by the Municipal Code. 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 proposed to be an in-fill of an already developed area with all necessary services and infrastructure preestablished. - 16 - 4. The proj ect is generally consistent with the Municipal Code and General Plan, in that the project was designed to meet all code requirements and the General Plan, with the exception of a variance for compact parking stalls. 5. 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 espoused by the ErR have been included as condi- tions of approval for the project, as well as additional staff conditions. CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "city of Santa Monica comprehensive Land Use and Zoning Ordinancell, in that the office space is not located on the ground floor and, therefore, will not be visible from the street frontage. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the office component is limited to the sixth floor of the project and will be used by the owners of the hotel. 3. The subject parcel is physically suitable for the type of land use being proposed, in that it is a site zoned for commercial uses. 4. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that offices occupied by the Rand corporation are located northeast of the project site. 5. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the Addendum to the EIR found that including of- fice space on the sixth floor of the proposed project would have less impact on public utilities than the pre- viously proposed 17 hotel rooms. 6. Public access to the proposed use will be adequate, 1n that access to the 221 space parking garage will be from both Ocean Avenue and Appian Way. 7. The physical location or placeIDent of the use on the site is compatible with and relates harmoniously to the sur- rounding neighborhood, in that the incorporation of office space into the proposed hotel development will not require modification to the massing and stepped back design of the structure. - 17 - 8. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that the addition of office space to the hotel project represents just one com- ponent of a primarily visitor-serving project. 9. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that adequate public utilities and parking will be provided. 12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that the office portion of the project represents just 9% of the total project square footage and that the surrounding area is a mix of commercial and residential uses. 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 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 size parking stalls 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 parking stalls with no significant impacts and that the total number of parking spaces provided exceeds the re- quired 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 is consistent 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 that the variance will not affect the appearance of the project. - 18 - 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 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. a. There will be adequate provisions for public access to serve the subject variance proposal, in that adequate driveways will be provided on Ocean Avenue and Appian Way and that 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 property, in that similar varian- ces have been granted in the past which have not created any deleterious effects and parking is provided in eXcess of the code requirements. CONDITIONS Plans 1. This approval is for those plans dated 5-18-89, 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. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) 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 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. - 19 - 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 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 8. 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 surveil- lance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscap- ing material remaining shall be watered and maintained until demolition occurs. 9. 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) . 10. 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. 11. 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. - 20 - 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. 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 architect; 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 pile- driving 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 buildings; 8) Describe anticipated contruction-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. - 21 - 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 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 occupancies with toilets installed prior to 1978 have been retrofitted 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 development 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, computer paper, metal cans, and glass to be recycled; 2) location of recycling bins; 3) designated 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. 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 to 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 - 22 - 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. 23. Ocean Avenue and Pico Boulevard: Restripe the southbound approach on Ocean Avenue to provide an additional lane to allow two left-turn lanes, one through lane, and one shared through/right-turn lane. 24. Fourth street and Olympic Boulevard: widen the southbound approach of Fourth street by removing the sidewalk on the east side of the bridge over I-lO to allow widening of the pavement from 55 feet to 60 feet and to provide two through lanes and two left-turn lanes. 25. Fourth street and Pico Boulevard: Restripe the eastbound approach of pico Boulevard to provide an additional lane to allow two left-turn lanes, one through lane, and one shared through right-turn lane. 26. Main street and Pico Boulevard: Restripe the westbound approach of Pico Boulevard to provide an additional lane to allow two left-turn lanes, one through lane, and one shared through right-turn lane. 27. Lincoln Boulevard and pico Boulevard: Restripe the east- bound approach of pico Boulevard to provide one additional lane to allow for one left-turn lane, two through lanes, and one exclusive right-turn lane. 28. Neilson Way and Ocean Park Boulevard: Restripe the south- bound approach of Neilson Way to provide an additional lane to allow one left-turn lane, one through lane, and one shared through right-turn lane. 29. Adequate watering techniques will be employed to partially mitigate the impact of construction-related dust particles. 30. Construction equipment will be properly maintained and serviced to minimize exhaust emissions. 31. South Coast Air Quality Management District Rule 403 will be adhered to, insuring the clean-up of construction re- lated dirt on approach routes to construction sites. - 23 - 32. Construction activities shall be halted during local stage One and stage Two smog alerts and during periods of high winds. 33. The developer shall proceed with landscaping and seeding as soon as possible to reduce the area of unimproved surfaces. 34. The South Coast Air Quality Management District's Regula- tion XV will be initiated and enforced where applicable. This regulation requires employers of over 100 employees to develop a plan to promote employee participation in trip reduction and ridesharing programs. 35. Project developers shall be required to implement building construction which complies with energy guidelines in- cluded in Title 24 of the California Administrative Code. Complying with these regulations will further reduce ener- gy consumption and reduce emissions from off-site station- ary sources. 36. Construction and demolition activities shall take place only during the hours and at the levels specified in the Santa Monica Noise Ordinance. 37. All construction equipment, fixed or mobile, operated within 1000 feet of a dwelling unit shall be equipped with properly operating and maintained muffler exhaust systems. 38. Stationary equipment shall be placed such that emitted noise is directed away from sensitive noise receivers such as residential areas. 39. stockpiling and vehicle staging areas shall be located as far as practical from occupied dwellings. 40. Every effort shall be made to create the greatest distance between noise sources and receptors during construction operations. 41. Barriers between the noise source and noise-sensitive areas shall be constructed where feasible. Areas where this will be most beneficial include the residential units to the south. 42. Normal building operations shall not exceed the standards established in the Santa Monica Noise Ordinance for Zone 1. 43. Hotel deliveries shall be limited to normal working hours of 7:30 a.m. to 6:00 p.m. to avoid disturbing adjacent residents during late or early morning hours. 44. Outdoor lighting on the south side of the structure shall be directed away from the adjacent residential uses. - 24 - 45. Sections of Title 20 and TItle 24 of the California Admin- istrative Code regarding water consumption and conserva- tion will be enforced. 46. The project shall incorporate drought-tolerant plant spe- cies in the water conserving landscape design. 47. A low volume irrigation system shall be used for all landscaping. 48. The project shall be in compliance with Ordinance 1447 (CCS) , regarding water conservation. 49. The project shall comply with California state Building Standards included in Title 24 of the California Adminis- trative Code. Miscellaneous Conditions 50. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet) . 51. 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. 52. If any archaeological remains are uncovered during excavation 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 projectts owner's expense. A determination shall then be made by the Director of Planning to determine the sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 53. Refuse areas, storage areas and mechanical equipment shall 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 Review Board in its review shall pay particular attention to the screening of such areas and equipment. 54. 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. 55. Prior to demolition of the existing units located in the Kensington Hotel the applicant shall be required to obtain a removal permit from the Rent Control Board. - 25 - Validity of Permits 56. In the event the permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 57. 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 prepared by the Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 58. 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 59. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordi- nate a monitoring and reporting program regarding any re- quired changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects 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 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. Prepared by: Amanda Schachter, Associate Planner - 26 - AS PC/DR425 08/09/89 Attachments: A. Municipal Code and General Plan Conformance B. Radius Map and Location Map C. Resolution of Certification of EIR D. statement of Certification of EIR E. Public Comment F. Final EIR G. Addendum to Final EIR H. Project Plans - 27 - ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Category Municipal Code Permitted Use R4: Permits Hotels and Accessory Uses RVC: Permits Offices with CUP. Height 6 stories/65' Setbacks Front yard 20' sideyard 13' Rearyard 15' Lot Coverage 50% F.A.R. N/A Parking Land Use Element Ocean Front South: Permits Visitor Accommodations and Related Uses. 56': Number of stories Not Applicable for Hotels N/A N/A N/A N/A 2.5 Hotel: 152 Rooms l/lst 40 rms.= 40 Spaces 1/3 rIDS above 40= 37 Spaces Retail: 190 sq. ft. 1/250 sq.ft.= 1 Spaces Restaurant/Bar 4980 sq. ft. 1/250 sq. ft. 20 Spaces Office: 12,578 sq. ft. 1/250 sq. ft.= 50 Spaces Meeting Rooms: 1456 sq. ft. 1/250 sq.ft.= 6 Spaces Total = 154 Spaces Loading Spaces 3 Spaces - 28 - Project Hotel/Office Development with Restaurant, Retail, and Health Club 6 Stories/54.51 35' 13' 16' 49% 2.12 221 Spaces 3 Spaces ATTACHMENT C STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: DR 425, CUP 89-038, VAR 89-006, EIA 8686 LOCATION: 1746 Ocean Avenue APPLICANT: Maguire Thomas Partners REQUEST: To construct a six story, 54.6 foot, 139,819 square foot hotel building with a restaurant and bar area, health club and sport court for hotel guests, meeting room space, and retail space. A total of 175 hotel rooms will be located in the proj ect. The Conditional Use Permit request to include office space on the sixth floor was not approved. The project will provide 220 parking spaces in a three level subterranean garage. PLANNING COMMISSION ACTION 6-7-89 Date. x Approved based on the following findings and subject to the conditions below. Denied. Other. DEVELOPMENT REVIEW FINDINGS 1. The physical location, size, massing, and placement of proposed structures on the site and the location of pro- posed uses within the project are compatible with and re- late harmoniously to surrounding sites and neighborhoods, in that the project has been sensitively massed to locate the largest portion of the building along the north prop- erty line by the five story Loews Hotel and by stepping down the project along the south and west portions of the site that abut existing residential units. 2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the site design pro- vides adequate driveway facilities from both Ocean Avenue and Appian Way and that the project provides 221 parking rather than the minimum 154 spaces required by the Municipal Code. - 29 - 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 proposed to be an in-fill of an already developed area with all necessary services and infrastructure preestablished. 4. The proj ect is generally consistent with the Municipal Code and General Plan, in that the project was designed to meet all code requirements and the General Plan, with the exception of a variance for compact parking stalls. 5. 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 espoused by the EIR have been included as condi- tions of approval for the project, as well as additional staff conditions. 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 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 size parking stalls 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 parking stalls \,rith no significant impacts and that the total number of parking spaces provided exceeds the re- quired 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 is consistent 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 - 30 - parking than is required will be provided and that 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 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 on Ocean Avenue and Appian Way and that 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 property, in that similar varian- ces have been granted in the past which have not created any deleterious effects and parking is provided in excess of the code requirements. CONDITIONS Plans 1. This approval is for those plans dated 5-18-89, 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. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) 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 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. - 31 - 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 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 8. 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 surveil- lance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscap- ing material remaining shall be watered and maintained until demolition occurs. 9. 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) . 10. 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. 11. 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. - 32 - 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. 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. However, prior to approval by the Department of General Service, this plan shall be made available to the public for re- view. As applicable, this plan shall 1) specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) In- dicate where any cranes are to be located for erection/ construction: 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunc- tion with construction; 5) Set forth the extent and na- ture of any pile-driving 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 dewatering and its effect on any adjacent buildings; 8) Describe anticipated contruction-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 normally permitted hours is proposed: 11) Describe any proposed construction noise mitigation mea- sures: 12) Describe construction-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 con- struction 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 - 33 - 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 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 occupancies with toilets installed prior to 1978 have been retrofitted 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 development 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, computer paper, metal cans, and glass to be recycled; 2) location of recycling bins; 3) designated 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. 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 to demand reduction programs and incentives; B. parking Management such as parking charges for single-occupant vehicles, reduced rates for car and - 34 - vanpools; C. Ridesharing programs such as a rideshare matching program, incentives, and car and .v~npool sub- sidies; D. Transit programs such as prov~s~on 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. 23. Ocean Avenue and pico Boulevard: Restripe the southbound approach on Ocean Avenue to provide an additional lane to allow two left-turn lanes, one through lane, and one shared through/right-turn lane. 24. Neilson Way and Ocean Park Boulevard: Restripe the south- bound approach of Neilson Way to provide an additional lane to allow one left-turn lane, one through lane, and one shared through right-turn lane. 25. Adequate watering techniques will be employed to partially mitigate the impact of construction-related dust particles. 26. Construction equipment will be properly maintained and serviced to minimize exhaust emissions. 27. South Coast Air Quality Management District Rule 403 will be adhered to, insuring the clean-up of construction re- lated dirt on approach routes to construction sites. 28. Construction activities shall be halted during stage Two smog alerts and during periods of high winds. 29. The developer shall proceed with landscaping and seeding as soon as possible to reduce the area of unimproved surfaces. 30. The south Coast Air Quality Management District's Regula- tion xv will be initiated and enforced where applicable. This regulation requires employers of over 100 employees to develop a plan to promote employee participation in trip reduction and ridesharing programs. 31. Project developers shall be required to implement building construction which complies with energy guidelines in- cluded in Title 24 of the California Administrative Code. Complying with these regulations will further reduce ener- gy consumption and reduce emissions from off-site station- ary sources. - 35 - 32. Construction and demolition activities shall take place only during the hours and at the levels specified in the Santa Monica Noise Ordinance. 33. All construction equipment, fixed or mobile, operated within 1000 feet of a dwelling unit shall be equipped with properly operating and maintained muffler exhaust systems. 34. stationary equipment shall be placed such that emitted noise is directed away from sensitive noise receivers such as residential areas. 35. stockpiling and vehicle staging areas shall be located as far as practical from occupied dwellings. 36. Every effort shall be made to create the greatest distance between noise sources and receptors during construction operations. 37. Barriers between the noise source and noise-sensitive areas shall be constructed where feasible. Areas where this will be most beneficial include the residential units to the south. 38. Normal building operations shall not exceed the standards established in the Santa Monica Noise Ordinance for Zone 1. 39. Hotel deliveries shall be limited to normal working hours of 7:30 a.m. to 6:00 p.m. to avoid disturbing adjacent residents during late or early morning hours. 40. Outdoor lighting on the south side of the structure shall be directed away from the adjacent residential uses. 41. Sections of Title 20 and TItle 24 of the California Admin- istrative Code regarding water consumption and conserva- tion will be enforced. 42. The project shall incorporate drought-tolerant plant spe- cies in the water conserving landscape design. 43. A low volume irrigation system shall be used for all landscaping. 44. The project shall be in compliance with Ordinance 1447 (CCS), regarding water conservation. 45. The project shall comply with California state Building Standards included in Title 24 of the California Adminis- trative Code. - 36 - Miscellaneous Conditions 46. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 47. 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. 48. If any archaeological remains are uncovered during excavation 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's owneris expense. A determination shall then be made by the Director of Planning to determine the sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 49. Refuse areas, storage areas and mechanical equipment shall 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 Review Board in its review shall pay particular attention to the screening of such areas and equipment. 50. 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. 51. Prior to demolition of the existing units located in the Kensington Hotel the applicant shall be required to comply with one of the following from : 1) obtain a removal per- mit from the Rent Control Board1 2) obtain an enforceable court order indicating that the Kensington Hotel, as an exempt property,can be demolished without obtaining a re- moval permit, or 3) obtain a ruling from the City Attor- ney's office that the Kensington Hotel can be demolished without obtaining a removal permit. Validity of Permits 52. In the event the permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 53. 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 prepared by the Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply - 37 - with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 54. 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 55. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordi- nate a monitoring and reporting program regarding any re- quired changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects 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 submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, upon written request, provide periodic reports regarding compliance with such conditions. SPECIAL CONDITIONS 56. The Conditional Use Permit request to allow office space in the project shall be withdrawn. 57. In addition to access from the interior of the hotel, ac- cess to the restaurant shall be provided from Ocean Avenue. 58. The landscape buffering of the "finger lot" (Lot 3, Tract 2562) shall be submitted to the Architectural Review Board. 59. The applicant shall repave, landscape, and improve the lighting of the Seaview Terrace walkstreet. 60. Hotel delivery hours shall be limited to 8 a.m. to 6 p.m. - 38 - 61. The building equipment ducts and garage exhaust system shall be directed away from Appian Way. 62. A Construction Monitoring Committee compromised of an im- mediate neighbor of the project, a representative from Maguire Thomas Partners, and City staff shall be es- tablished to handle the construction related complaints and concerns of the surrounding neighbors. Unresolved issues shall be arbitrated by the Planning Commission. 63. The hotel kitchen shall be relocated to the north side of the project or be insulated from the Seaview Terrace resi- dents with a sound buffer. 64. Work hours during construction will be 7:00 a.m. to 3:30 p.m., Monday through Friday. Unforseen emergencies shall be exempted. Noisier work items shall start after 8 a.m. each work day. Construction workers will not be allowed to congregate at the project site before 7:00 a.m. 65. Traffic control during construction will be coordinated to use Ocean Avenue for the delivery of most materials. Uni- formed security personnel will be located on Ocean Avenue and Appian Way to control site access, parking and traffic flow. 66. Barricades will be constructed around the site perimeter to contain noise, dust and debris that is generated by construction work. The barricade will be properly main- tained to ensure the safety of the gereral public and maintain an orderly appearance. 67. Cleanliness of the street area during construction will be maintained on a daily basis with the use of street sweepers and washing equipment, as needed. 68. Off-site parking for construction workers and a staging area for material deliveries will be provided east of Ocean Avenue. Shuttle services for construction workers' parking will be provided, if necessary, between the site and the parking area to reduce the parking demand in the project area. 69. public notification will be made to the neighborhood on a periodic basis to appraise them of upcoming construction events and the estimated durations. A contact person and telephone number will be posted at the job site for infor- mation and/or complaints. 70. The Appian Way garage entrance shall be restricted for use by employees and area residents only. - 39 - VOTE Ayes: Nays: Abstain: Absent: Farivar, Kaufman, Lambert, Mechur, Pyne Nelson None Hecht NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica comprehensive Land Use and zoning Or- dinance, the time within which jUdicial review of this decision must be sought is governed by Code of civil Procedure Section 1094.6, which provision has been adopted by the city pursuant to Municipal Code section 1400. I hereby certify that this statement of accurately reflects the final determination Commission of the City of Santa Monica. Official Action of the Planning signature date print name and title I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Dan Kingsley, vice president( Maguire Thomas Partners Print Name and Title - 40 - t!oz--tJ,oy- ATTACHMENT D CONTINUED FROM JUNE 7, 1989 M I NUT E S CONTINUED MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA WEDNESDAY, JUNE 14, 1989 7:30 P.M. MAIN LIBRARY AUDITORIUM 1343 6TH STREET, SANTA MONICA 1. CALL TO ORDER: The meeting was called to order at 7:52 p.m. 2. PLEDGE OF ALLEGIANCE: Commissioner pyne led the Pledge of Allegiance. 3. ROLL CALL: Present: Mehrdad Farivar John Kaufman Leslie Lambert Ralph Mechur Donald Nelson Thomas pyne Absent: Eileen Hecht Also Present: Paul Berlant, Planning Director Ron Fuchiwaki, city Traffic Engineer Laurie Lieberman, Deputy city Attorney 4. APPROVAL OF MINUTES: approval. Minutes were not submitted for 5. PLANNING DIRECTOR'S Director's Report. REPORT: Paul Berlant gave the 6. PUBLIC HEARINGS: Consent Calendar 7. PUBLIC HEARINGS: C. DR 425, CUP 89-038, VAR 89-006, EIA 868, 1746 Ocean Avenue, R~/RVC, Applicant: Maquire Thomas Partners, proposed l.S a six story, 54.6', 139,819 sq.ft. hotel/office development containing a total of 152 hotel rooms on floors one through five as well as on two subterranean levels and a total of 12,561 sq. ft. of office space on the sixth floor. The hotel will also include a 3,455 sq. ft. health club and sport court for the hotel guests, a 4,980 sq.ft. restaurant and bar area, a 190 sq.ft. retail area, and 1,456 sq.ft. of meeting room space. parking for 220 cars will be provided in a three level subterranean garage. - 41 - A Development Review permit is required to allow the construction of a commercial project over 15{000 sq. ft. A Variance is required to permit compact parking spaces. A Conditional Use Permit is required to permit office space in the RVC district. A resolution certifying the Environmental Impact Report, EIA 868, will be considered. Certification of the EIR will be required prior to the Planning Commission taking action on the project. Prior to the staff report, Chair Nelson suggested that items C and D be combined for purposes of discussion and certification of the EIR. Commissioner Mechur made a motion reflecting Chair Nelson's suggestion. commissioner pyne seconded the motion. Mr. Berlant and Deputy City Attorney Lieberman stated that this action could not be done. The motion was withdrawn. Following the staff report, commissioner Lambert asked for clarification of the parking requirements. staff stated that Attachment A on page 154 explains the requirements. commissioner Lambert asked if 91 rooms are to be removed. Staff indicated that was the correct figure. commissioner Lambert asked about the Coastal affordable housing requirement. staff indicated this had not been resolved yet. commissioner pyne commented on the non-discrimination condition in the Development Agreement and asked if this was a new or standard condition. Staff indicated it is a standard condition for office buildings. However, the Development Agreement is not a part of this hearing. Commissioner Farivar asked for some background on the office space in the hotel project. Staff stated that the office space is to be on the sixth floor of the proposed hotel building, which is permitted with a CUP under the new code in the RVC zone. Commissioner Farivar asked if office space could be built under the old code. staff indicated it would not be permitted. commissioner Farivar commented on visitor services uses being desired by code in the Ocean Avenue area. Staff stated that the primary use of the proposed project is the hotel, which compiles with code. commissioner Farivar asked if there was currently any office uses on the west side of Ocean Avenue. Staff stated none was known at this time. - 42 - Commissioner Mechur asked for the new code requirements for parking. staff stated that information is not available at this time. commissioner Mechur asked if the Coastal commission agrees with our standards for parking requirements. Staff indicated the Coastal Commission has its own standards. Chair Nelson asked staff why the CUP policy had been reversed. Staff stated that in an effort to bring the project up to the new code standards that policy has been adjusted. Chair Nelson asked the EIR traffic consultant Dick Kaku about left turn p.m. counts found in Figure 6 on page 29. Mr. Kaku stated that left turns are possible according to the volume of traffic recorded in the counts. Chair Nelson asked Mr. Kaku about the assignments in Figure 5 and about the dispersion of traffic. Mr. Kaku stated that a percentage of traffic had been assigned to the California Incline, a percentage to Montana Avenue and San vicente Boulevard for eastbound traffic flow. Chair Nelson asked about the variance of figures between this project and the 1 pico Hotel project. staff stated that the EIR for 1 Pico is not available at this time, and the current EIR for this project states that the impacts can be mitigated. Commissioner substantially the plans are sets of plans Farivar asked if the plans had been changed since originally submitted since dated May 18, 1989. Staff stated that new were requested by staff for this hearing. commissioner pyne made a motion to allow the applicant a ten minute presentation rather than the standard five minutes. Commissioner Farivar seconded the motion, which was approved by a unanimous voice vote. Mr. Dan Kingsley of Maguire Thomas Partners and the architect, Mr. John Rube1l, discussed the proposed project with the Commission, which included a slide presentation. commissioner Lambert asked Mr. Kingsley about the proposed office floor of the hotel and specifically what will happen to office floor if and when the office building across the street is built. Mr. Kingsley stated that the office space will remain because the cost to convert the space to hotel rooms would be prohibitive. - 43 - Commissioner pyne would be rented stated the space Partners. asked if the proposed office space to other businesses. Mr. Kingsley will remain part of Maguire Thomas The following members of the public spoke: Sally Reinman, 11 Vicente Terrace, Santa Monica (01) Ken Ward, P.O. Box 5594, Santa Monica (05) Bob Gabriel, 515 4th Street, Santa Monica (02) George MacKoul, 4-B Marine Terrace, Santa Monica (01) Glenn Johnsonm 4-C Marine Terrace, Santa Monica (01) Bob Madok, 1725 The Promenade #223, Santa Monica (01) Eric Moore, 1725 The Promenade #611, Santa Monica (01) David Lewis, 326 San vicente Blvd., Santa Monica (01) Scott Thompson, 2132 21st street, Santa Monica (05) wally White, 1725 The Promenade, santa Monica (01) Jane Irvine, 1725 The Promenade #303, Santa Monica (01) Robert Allan, 1725 The Promenade #708, Santa Monica (01) Sharon Gilpin, 1725 The Promenade, Santa Monica (01) Judy Haddad, 1725 The Promenade, Santa Monica (01) Jim Mulryan, 1725 The Promenade #607, Santa Monica (01) curtis Sams, 41 Seaview Terrace, Santa Monica (01) Emily Silcock, 6 Seaview Terrace, Santa Monica (01) Estelle Sieger, 12 Seaview Terrace, Santa Monica (01) Christy Christl, 2320 6th Street, Santa Monica (05) Elaine Anderson, 19 Seaview Terrace, Santa Monica (01) Darsie Anderson, 19 Seaview Terrace, Santa Monica (01) Omar Armendariz, 521-1 Hollister Av., Santa Monica (05) Nan Faessler, 1725 The Promenade #313, Santa Monica (01) Same Halle, 130 Ocean Park Bl., Santa Monica (05) Gabrielle Tierney, 922 14th st. #107, Santa Monica (03) Dave Lalor, 41 Seaview Terrace, Santa Monica (01) The following members of the public submitted chits but were not present to speak: Louis Tedesco, 230 4th Avenue, Venice 90291 Richard Destin, 1249 9th Street #6, Santa Monica (01) Chris Harding and Dan Kingsley spoke in rebuttal to the public comment. Mr. Kingsley stated that Maguire Thomas will set up an arbitration system as suggested by Commissioner Lambert and several members of the public. Commissioner Kaufman commented on the construction complaints cited by the public regarding the Loew's hotel project and asked if mitigation measures were possible. Mr. Kingsley stated that the following measures will be instituted: that rigid construction hours will be enforced from 7 a.m. to 3:30 p.m. Monday through Friday; that a "hotline" will be installed to handle construction complaints; that construction workers will be kept from congregating around the proj ect site prior and after construction hours i that off-si te parking will be provided for workers; that a traffic control system will be developed and Ocean Avenue will be used for construction materials; that - 44 - truck staging will begin off-site with only one truck on site at a time: that there will be daily clean-up of the site and that there will be a neighborhood information system instituted. Commissioner Farivar asked for a comparison of the 12,000 square feet of office spaces versus the hotel space: and asked for the rational behind the Appian Way entrance. Mr. Kingsley stated that the Appian Way entry is for employees of the hotel and residents of the area only. Commissioner Farivar asked Mr. Kingsley how visitors to the hotel will be prevented from using the Appian Way entrance. Mr. Kingsley stated there will be a card key system installed at that entrance. commissioner Farivar commented on the absence of a ballroom and other convention type meeting rooms. Mr. Kingsley stated that convention/conference use is not intended for the hotel. commissioner Farivar restaurant accessible stated that the code restaurant. asked about making the hotel from Ocean Avenue. Mr. Kingsley requires interior access to the Commissioner Lambert commented on the construction phase and asked about the type of excavation equipment to used. Mr. Kingsley stated that pile driving will not be used and that the method to be used will be less noisy. Commissioner Mechur asked about the proposed open courtyard and potential noise problems. Mr. Kingsley stated that the courtyard is intended as a quiet space adjacent to the restaurant. commissioner Mechur asked about scheduled hours for delivery trucks after the operation is running and for trash piCk-Up. Mr. Kingsley stated this will be investigated. commissioner Hechur asked about the "wing" lot noted on the plans and intended uses. Mr. Kingsley stated that the lot is tied to the property but will remain empty except for landscaping. commissioner Mechur asked if the landscaping could be a condition of approval. Mr. Kingsley agreed to having landscaping of the parcel as a condition. commissioner Mechur asked if the mechanical system will be on the roof. Mr. Kingsley stated this aspect was not yet designed. Commissioner Mechur commented on the garage exhaust system and the beach access way. Mr. Kingsley stated the beach access would be by the pool and across the parking lot. - 45 - Chair Nelson asked about the asbestos removal from the current buildings on site. Mr. Kingsley stated that a contractor that specializes in asbestos removal will be used and the material will be properly disposed. Chair Nelson asked for the cubic square foot amount of dirt to be removed from the site. Mr. Kingsley stated he would have to return with that information. Chair Nelson stated he could find no justification having a CUP to operate an office use in a hotel. Mr. Kingsley stated that in February 1989, staff requested that the applicant file a Development Agreement for the office project at 1733 to accommodate the civic Center Specific Plan. Since this would delay the construction of the offic building, the CUP was filed to permit Maguire Thomas Partners to use a portion of the hotel for their own offices. Chair Nelson asked if there would be a satellite dish. Mr. Kingsley stated the hotel would be using cable instead. Chair Nelson commented on convention hotel ban issue and asked if this project would be outside the participation area. Mr. Kingsley stated that the proposed hotel does not have ballroom facilities and will rent the guest rooms to any guest or organization which wishes to use the space. Chair Nelson commented on utilizing Appian Way for traffic, especially in the summer, and asked why a loading zone was placed on Appian Way. Mr. Kingsley stated the City prefers to have loading zones off Ocean Avenue. Chair Nelson asked how truck traffic will be controlled in summer. Mr. Kingsley stated he would have to return with an answer to this question. Commissioner Lambert asked if an operator had been selected for the hotel. Mr. Kingsley stated an operator had not been selected yet. After a brief break, Mr. Kingsley responded to previous questions asked by the Commission. Mr. Kingsley stated that Maguire Thomas is willing to withdraw the CUP application for office space; that delivery hours will be controlled and from 8 a.m. to 6 p.m. Monday through Friday only, (the same hours will apply to trash pick-up); the north wing cooling towers will be used for mechanical; the garage vent will not be toward Appian Way: the meeting rooms will be for small meetings only: noise is not anticipated (in the courtyard); and the excavation will be approximately 44 I 000 cubic square feet of dirt. - 46 - commissioner Farivar commented on the hotel and restaurant access on ocean Avenue and stated that the Ocean Avenue access should be encouraged despite the Code. Mr. Kingsley indicated this may be possible. commissioner Kaufman asked Mr. Kingsley about withdrawing the CUP. Mr. Kingsley stated that he was willing to withdraw the CUP application. Commissioner Pyne asked if the CUP for office space was required because Maguire Thomas I s current office space lease is going to expire. Mr. Kingsley stated that this was true, however the hotel approval is desired over the office space. Commissioner Farivar asked if the restaurant could have an entrance on Ocean Avenue. Staff stated that under the old code the site is zoned R-4 and a restaurant entrance is not permitted; but under the new code an entrance is permitted. commissioner Lambert asked about relocating the kitchens. Mr. Kingsley stated this could be done. Chair Nelson closed the public hearing. commissioner Farivar commented on the quality of the project, then made a motion for approval of the project with conditions as listed in the staff report and the additional conditions that the restaurant be accessible to Ocean Avenue and that the CUP application be withdrawn. Chair Nelson stated that the EIR must be approved prior to a motion for approval of the project. commissioner Mechur asked staff about the impact of the project on City services. Mr. Berlant stated that additional law enforcement and fire personnel are part of the budgeting process under the City Manager. He further stated that an increase in safety personnel has been budgeted to compensate for new development in the City and that a new Police Department Headquarters is being proposed. Commissioner Mechur stated that additional and future ErR work should note the need for increased police and fire protection. Chair Nelson stated that the Outlook had quoted Police Chief Keane on this issue and it should be noted in the EIR. Mr. Berlant stated that the Police Department are consulted as part of the planning process and review EIRs. - 47 - commissioner Mechur asked staff about the housing mitigation in-lieu fee. Staff explained how the figures were calculated. commissioner Mechur commented on the Hotel Update Report and the proposed traffic mitigation measures. Mr. Fuchiwaki explained how traffic mitigation measures are determined and reviewed with a focus on technical feasibility. He further stated that the traffic mitigation measures are feasible. commissioner Kaufman made a motion to reopen the public hearing to hear additional information from Mr. Kingsley. commissioner Farivar seconded the motion. The public hearing was opened after a voice vote with one dissenting vote. Mr. Kingsley stated that he had contacted Caltrans and that Caltrans will approve the proposed mitigation measures that fall within their jurisdiction. Commissioner Kaufman made a motion to close the public hearing. Commissioner pyne seconded the motion. The motion was approved by unanimous voice vote. commissioner Mechur asked about the use of Appian Way. Mr. Fuchiwaki stated that Appian Way is a traffic problem in the summer months and on weekends. chair Nelson commented on the ErR (p. l3A, addendum) estimated future annual municipal cost, particularly the use of city parks by guests of the hotel. Staff stated that the ErR consultant used standard factors which are referenced in the back of the document. Chair Nelson asked staff if a raised median for Ocean Avenue had been considered as a traffic mitigation measure to eliminate left turns across Ocean Avenue. Mr. Fuchiwaki stated this had not been considered. Chair Nelson asked Mr. Fuchiwaki his opinion on raised medians. Mr. Fuchiwaki stated it is a 24 hour a day diversion, which is not needed in this case. Chair Nelson commented on the heavy pedestrian movements around the Pier area. Mr. Fuchiwaki stated the issue has not been examined to any great degree. Chair Nelson commented that the Bayside District expects pedestrians from the hotel projects. Commissioner Lambert made a motion to certify the EIR. Commissioner Farivar seconded the motion. Chair Nelson stated he could not support the EIR as it stands due to the 1 Pico hotel project and other developments. He stated the need for a Statement of - 48 - overriding Consideration because some impacts can not be mitigated. Commissioner Mechur seconded Chair Nelson's statement as a submotion. Chair Nelson cited the need for overriding Consideration because economic benefits of the project. the of statement of the positive Commissioner Kaufman asked if the statement of Overriding Consideration was needed because the EIR is inaccurate. Chair Nelson stated the EIR is correct, however the conclusion is faulty and impacts can not be mitigated. The substitute motion was denied by the following vote: AYES: Farivar, Mechur, Nelson; NOES: Kaufman, Lambert, pyne; ABSENT: Hecht. commissioner Mechur repeated what Chair Nelson had stated that the cumulative negative impact of the project requires a statement of Overriding Consideration. A discussion followed with staff explaining the legal aspects of the EIR process and CEQA requirements. The main motion for certification of the EIR was approved by the following vote: AYES: Farivar, Kaufman, Lambert, Mechur, pyne; NOES: Nelson; ABSENT: Hecht. commissioner Farivar made a motion for approval of the hotel project with the following conditions: that Appian Way garage entrance be for employees and residents only; that a construction monitoring body composed of one adjacent neighbor, a representative of Maguire Thomas, and City staff be initiated to handle neighborhood complaints by residents and with arbitration to be handled by the Planning Commission; and that the hotel's restaurant access for pedestrians be on Ocean Avenue. Commissioner Pyne seconded the motion. Commissioner Mechur asked the staff condition #16 regarding construction mitigation plans include public comment; that the landscape buffer on the south side of the project be renovated per the Harding letter; that the finger lot be landscaped and approved by ARB; that delivery trucks be restricted to the hours of 8 a.m. to 6 p.m. Monday through Friday only; and that the mechanical and garage exhaust systems be directed away from Appian Way. - 49 - commissioner Farivar asked if the CUP had been withdrawn. Chair Nelson stated it had not been withdrawn. Commissioner Farivar asked that the withdrawal of the CUP application be made a condition of approval. Deputy City Attorney Lieberman asked that the following condition be added: "Prior to demolition of the existing units located in the Kensington Hotel the applicant shall be required to comply with one of the following from: 1) obtain a removal permit from the Rent Control Board: (2) obtain an enforceable court order indicating that the Kensington Hotel, as an exempt property, can be demolished without obtaining a removal permit, or (3) obtain a ruling from the City Attorney's office that the Kensington Hotel can be demolished without obtaining a removal permit." Commissioner Kaufman asked for changes on the following conditions in the staff report: 2, 20, 22-28, 4-48, 55, 59. Commissioner Lambert asked for a condition requiring moving the kitchen to the northside of the proj ect or the installation of a sound buffer. Chair Nelson asked that the words "local stage one and" be struck from Condition #32. commissioner Mechur asked how many stage 2 alerts occurred last year. Chair Nelson stated there were zero stage 2 alerts last year, however there have been two such alerts so far this year. commissioner Farivar stated he accepts the change in condition #59, but not the rest of the changes suggested by commissioner Kaufman. Commissioner Lambert complimented the design of the hotel. The motion for approval of the hotel project was approved by the following vote: AYES: Farivar, Kaufman, Lambert, Mechur, pyne; NOES: Nelson; ABSENT: Hecht. D. D.A. 89-001, ZA 5380-Y{ EIA 868, 1733 Ocean Avenue, CA Distr iet, Appl icant: Maguire Thomas Partners, Proposed is a Development Agreement to permit the construction of an office development with ground floor retail and restaurant uses on a 34,200 sq. ft . site. The Development Agreement specifies that the applicant shall be allowed to construct one of the following proposed projects. - 50 - Project site Plan A is a five story structure not to exceed 70 feet with a maximum Floor Area Ratio of 2.4. This project would be permitted if, by July 1, 1990, either an approved or Draft Civic Center Specific Plan restricts development to no more than 5 stories/70 feet, or if, by July 1, 1990 a civic Center Specific Plan has - 51 - ., RESOLUTION NO. 7890(CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE 1733 OCEAN AVENUE OFFICE BUILDING AND THE 1746 OCEAN AVENUE HOTEL WHEREAS, a Notice of Preparation of an Environmental Impact Report was issued in February, 1988; and WHEREAS, a Notice of Completion of a Draft Environmental Impact Report was published in August, 1988, in compliance with the California Environmental Quality Act and the City of Santa Monica CEQA Guidelines: and WHEREAS, in February, 1989, the Final Environmental Impact Report was published: and WHEREAS, on August 22, 1989 the City Council, as Lead City Agency, reviewed the Final Environmental Impact Report, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council has reviewed and considered the Final Environmental Impact Report on the 1733 Ocean Avenue Office Building and the 1746 Ocean Avenue Hotel prior to acting on the project. SECTION 2. The City Council certifies that the environmental review for the project was conducted in full - 1 - compliance with state and City CEQA Guidelines, that there was adequate public review of the Draft Environmental Impact Report, that it has considered all comments on the Draft Environmental Impact Report and responses to conments, that the Final Environmental Lmpact Report adequately discusses ail significant environmental issues, and that the City council has considered the contents of the Final Environmental Impact Report 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 W/EF441746 - 2 - Adopted and approved this 22nd day of August, 1989. Do.- / b I hereby certify that the foregoing Resolution No. 7890(CCS) was duly adopted by the City Council of the City of Santa Monica at a meeting thereof held on August 22, 1989 by the following Council vote: Ayes: councilmembers: Abdo, Katz, Reed, Mayor Zane Noes: councilmembers: Finkel Abstain: Councilmembers: None Absent: councilmembers: Genser, Jennings ATTEST: ~U1U f~ City Clerkl ............... ---