SR-12-B (18)
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· 12-B
MAY 1 0 1988
Santa Monica, California
C/ED:PB:WW
Council Mtg:
May 10, 1988
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TO: Mayor and city council
FROM: City staff
SUBJECT: Appeal of Planning Commission Denial of Conditional Use
Permit 493 and Development Review 419, To Develop a
5,474 Square Foot Commercial Building on a 15,200
Square Foot Site, with Portions of the Site Zoned R-2,
R-4, and C-2 Located at 708 pica Boulevard.
Applicant/Appellant: Simon Saberi.
INTRODUCTION
This report forwards to the City Council the appeal of the
Planning commission I s denial of Conditional Use Permit 493 and
Development Review 419 to develop a one story commercial building
on a 15,200 square foot site.
The Conditional Use Permit is
required under S.M. M. C. Section 9l48A to extend a commercial
district use into an adjacent residential (R-2, R-4) district and
Development Review is required per Ordinance 1321 to change the
use from residential to commercial on a portion of the site. On
March 2, 1988, the project was denied 4-1, by the five Planning
Commission members present. Simon Saberi, the property owner is
appealing the decision. (Exhibit A) .
BACKGROUND
The applicant originally proposed to develop 2 one-story
commercial buildings along the east and south property lines of
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the parcel,
consisting of a 4,575 square foot building
constructed on the
C-4 District parcel,
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an 850 square foot
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MAY 1 0 1988
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building constructed on the adjacent R-2 parcel and parking
developed on the R-4 District parcel. Prior to the Planning
Commission hearing, the proposal was modified to limi t
development to a 5,474 square foot building on the C-4 District
parcel with 18 code required parking spaces provided on the
adjacent R-2 and R-4 District parcels. The .57 Floor Area Ratio
(FAR) calculated for the C-4 District parcel is below the General
Plan 1.0 FAR permitted for the site.
ANALYSIS
The Planning Commission denial of the modified project was based
on the commercial strip style of development which does not
relate harmoniously with residential land uses located to the
west. Further, the Commission determined the one way pattern of
circulation along Pico Boulevard adj acent to the proj ect would
interfere with pedestrian and vehicular use of the site and
contribute to traffic impacts and other intrusions for the
adjacent residential uses (Exhibit B). Another commission
concern expressed during the public hearing was that the proposal
did not comply with Land Use Element Policy Objective 1.2.2 which
indicates surface parking lots zoned residential (R-2,R-4)
adjacent to highway commercial (C-4) corridors when redeveloped
should be reserved for residential use or public open space.
Planning staff had maintained that the location of the site along
Pica Boulevard, within close proximity to Lincoln Boulevard, made
a commercial use more acceptable over a residential use and that
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the small size of the commercial development would minimize noise
and traffic impacts (Exhibit C).
The long term use of the R-2 and R-4 District parcels for
commercial parking appears to have been based upon the
substandard lot size and dimensions of both parcels. It should
be noted that while the size and dimensions of both parcels would
limit the location and layout of residential buildings, the
redevelopment of the parcels for a residential use in conformance
with LUE Policy 1.2.2 could still be achieved.
The staff is now convinced that side effects resulting from use
of the seven tenant spaces by high intensity commercial tenants
could negatively change the type, direction and character of the
adjacent residential neighborhood. High intensity land uses
including late night bars, take-out fast food restaurants,
restaurants with live entertainment, video arcades or similar
intense uses could create special problems for the adjacent
residential neighborhood. The developer cannot reasonably assure
that a high intensity use will be compatible with adjacent
residential Uses. Compliance with the General Plan will ensure
compatibility with adjacent residential uses and retain
neighborhood cohesiveness.
CITY COUNCIL AUTHORITY
Section 9149C (4) of the Santa Monica Municipal Code (SIDle),
permits the City council to affirm, reverse or modify any
determination of the Planning commission regarding a conditional
use permit or development review request. The decision of the
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City Council shall be final. In approving an appeal application,
the Council must make appropriate findings.
BUDGET/FINANCIAL IMPACT
The recommendations presented in this report do not have a
budget/fiscal impact.
RECOMMENDATION
In considering the potential for long-term impacts from high
intensity commercial tenant use of the site, staff finds that
noise, traffic and other negative impacts could be expected to
increase from the proposed use of the site.
Staff respectfully recommends that the City Council uphold the
decision of the Planning Commission, and deny Conditional
Use Permit 493 and Development Review 419 with the attached
findings per Ordinance 1321.
DEVELOPMENT REVIEW FINDINGS
1. The physical location and orientation of the proposed
structure on the site does not relate harmoniously to
surrounding sites and neighborhoods in that the commercial
strip style of development will not retain residential
neighborhood cohesiveness, will result in loss of privacy,
destroy amenity, and reduce residential property values.
2. The existing and/or proposed rights-af-way and facilities for
both pedestrian and automobile traffic are not adequate to
accommodate the anticipated results of the proposed
development, including off-street parking facilities and
access thereto, in that the location of the driveway and
parking spaces will increase customer noise, loitering,
parking lot noise, glare and pollution for the adjacent
residential uses as well as cause circulation conflicts for
adjacent uses.
3. The proposed development is inconsistent with General Plan
Land Use Element policy 1.2.2 that requires surface parking
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lots zoned residential adjacent to highway
corridors to be redeveloped for residential use
open space on the surface.
commercial
or publ ic
Prepared by: Paul Berlant, Director of Planning
Wanda Williams, Associate Planner
Planning Division
Community and Economic Development Department
Exhibits:
A. March 7, 1988, Letter of Appeal.
B. statement of Official Action.
C. March 2, 1988, Planning Commission Staff Report
with Property Boundary Map.
CUP493a
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04/28/88
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CITY OF S' " ; ~ MGN!Cf.
CITY Pl A~ ~ '1CFlr~
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CibjCa;(... {)fnl1..("IQn
March 7. 1988
Santa Monlca City Counell
1685 Main Street
Santa Monlca. CA 90405
RE: Appeal of Plannlng CommlSSlon declslon - D.R.419 - C.U.P.493
708 Pica Boulevard
Honorable Mayor Bnd Members of the CounCIl:
On March 2, 1988 the PlannIng CommIssion failed to approve a
retaIl/commercial proJect at the above referenced site. ThIS SIte
was formerly occupied by the Au Chambertin Restaurant, which
closed several years ago and has since been heavIly vandallZeq by
squatters. This replacement project was submitted in July 1987
as B 5800 square foot, "1" shaped bUIlding. The size of the
bUIldIng was subsequently reduced at staff's request to increase
landscaping. At the PlannIng Commission pearIng, the bUIlding
was further reduced to 5400 square feet by removing the rear
portIon. This was done to elIminate contentIons of setback
deflcIenCIes in the R-2 port1on of the site. ThIS is the plan
that 18 belng presented to the CIty Councll.
In thIS confIguratIon.
square footage allowed
downzonlng ordInances
footage on this site.
property.
the project has one third the building
by current codes. Even the proposed
would allow approximately twice the square
ThIS IS a low-intensity use of the
The project provides for a six foot hlgh block
Street, to please the neighbors on Pico Lane.
for a large increase in landscaping for the
WIdened driveway for improved Ingress-egress.
wall along Seventh
It also provides
neighborhood and a
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.
Arguments against thIS proJect cIted concern for the
resIdentially zoned portIons of the property. The R-4 portIon is
too narrow to allow any constructIon, and the R-2 portIon IS
skewed diagonally by a cIty storm draIn and easement. Further,
the R-2 portion IS landlocked unless It takes access off of
Seventh Street and PIca Lane. The FIre Department, General
SerVIces Department and resIdents of PICa Lane would take a very
dIm VIew of such access.
We ask your approval of this very lOW-Intensity use.
Tha1nk y.~\!,..-
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b ~
:stmon SaberI
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: Conditional Use Permit 493,
Development Review 419
LOCATION: 708 Pico Boulevard
APPLICANT: Simon Saberi
REQUEST: Conditional Use Permit, Development Review, to
develop a 5,425 square foot commercial building
on a 15,200 square foot site, with portions of
the site zoned R2 and R4. Development Review is
required to change the use from res identia1 to
commercial on a portion of the site.
PLANNING COMMISSION ACTION
3/2/88
Date.
Approved based on the following findings and
subject to the conditions below.
x
Denied.
Other.
FINDINGS
1. That the one way circulation pattern existing along pica
Boulevard onto the site will contribute to pedestrian and
vehicular impacts and other intrusions into adjacent
residential neighborhoods.
2. That the conunercial strip style of development will not
relate harmoniously with residential land uses located to
the west.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Lambert, Mechur, Hecht, Nelson
Farivar
Perlman, pyne
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EX tt \ (; it' .'utl
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CITY PLANNING DIVISION
Community and Economic Development Department
MEMORANDUM
DATE: March 2, 1988
TO: The Honorable Planning Commission
FROM: Planning staff
SUBJECT: Conditional Use Permit 493, Development Review 419.
Address: 708 Pico Boulevard
Applicant: Simon Saberi
SUMMARY
Action: Conditional Use permit, Development Review, to develop a
5425 square foot commercial building on a 15,200 square foot
site, with portions of the site zoned R-2 and R-4. Development
Review is required to change the use from residential to commer-
cial on a portion of the site.
Recommendation: Approval.
SITE LOCATION AND DESCRIPTION
The subj ect property consists of three contiguous parcels of
land, containing 15,200 square feet, located on the south side of
pico Boulevard, between Lincoln Boulevard and Sixth street,
having a frontage of 82 feet along Pico.
Portions of the property are located in the R-2 (Low Density
Residential), R-4 (High Density Residential), and C-4 (Highway
commercial) District. The site contains a vacant 3650 square
foot restaurant and attached residential unit which will be de-
molished to permit project development. surrounding zoning and
land uses are characterized by vacant one story commercial build-
ings (C-4), located to the north across pico, mixed commercial
retail uses (C-4) located to the east, and multiple family land
uses (R-2,R-4) located west and south of the site.
Zoning Districts:
R-2 (Low Density Residential) District
R-4 (High Density Residential ) District
C-4 (Highway Commercial) District
Lincoln South Oistrict
15,200 square feet
Land Use District:
Parcel Area:
PROPOSED PROJECT
The project consists of the development of two 1 story commercial
buildings along the east and south property lines of the parcel.
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site plans indicate a 4575 square foot building constructed on
the 9500 square foot C-4 District parcel, an 850 square foot
building constructed on portions of the C-4 and adjacent 2900
square foot R-2 District parcel, and site parking developed on
the remainder of the R-2 and adjacent 2900 square foot R-4 Dis-
trict parcel. S.M.M.C. section 9l48(A) requires issuance of a
Condi tional Use Permit to permit a commercial development with
parking on a multiple family zoned parcel contiguous to a commer-
cial zoned parcel. site Plans indicate eighteen (18) Code re-
quired parking spaces.
Plans indicate the .51 Floor Area Ratio (FAR) calculated for the
9500 square foot C-4 District parcel is substantially less than
the 1.0 FAR permitted under the General Plan for the site
location.
Elevation plans indicate a ten foot structural height with all
window and door openings oriented toward the interior of the site
away from property lines.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in
conformity with the General Plan (as shown in Attachment A).
CEQA STATUS
The proposal is categorically exempt from the provisions of CEQA;
CIty of santa Monica Guidelines for Implementation (Class 3).
FEES
The proposal is not subject to any Planning Fees.
ANALYSIS
The integrated commercial development will provide consistency
with General Plan and zoning Code requirements as well as es-
tablish a use compatible with surrounding commercial development.
The General Plan designates the site as part of the "Lincoln
South" Land Use District, intended to permit low scale neighbor-
hood commercial development, with a maximum floor area ratio of
1.0 and a building height of two stories not to exceed 30 feet.
The one story, 10 foot height and .51 FAR proposed should ensure
a compatible development that should have minimal impact on adja-
cent residential and commercial uses. The site has traditionally
functioned as an integrated commercial development, with site
parking developed on the residential half of the site.
The location of the site along Pico Boulevard (a local transpor-
tation corridor), within close proximity to Lincoln Boulevard, (a
maj or transportation corridor) in an intensely traveled area,
makes a commercial use more acceptable than a residential one.
Finally, the location of site buildings near property lines, with
no openings facing these property lines should effectively screen
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the site from adjacent residential uses and reduce noise, visual
and other site intrusions.
CONCLUSION
commission approval of the request will permit a commercial
development similar to surrounding commercial sites and provide
consistency with the General Plan and zoning Code.
RECOMMENDATION
It is respectfully recommended that the Planning Commission ap-
prove Conditional Use Permit 493, and Development Review 419 with
the following findings and conditions:
DEVELOPMENT REVIEW FINDINGS
1. The development is consistent with the findings and pur-
pose of Ordinance 1321 as set forth below.
2. The physical location and placement of proposed structures
on the site are compatible with and relate harmoniously to
surrounding sites and neighborhoods in that the building-
lot coverage amount is significantly less than that con-
tained on adjacent commercial parcels. The proposed com-
mercial buildings will contain window and door openings
oriented toward the interior of the site only, and a
ground level parking lot will buffer the site from older
residential uses located to the west on pico.
3. The existing and/or proposed rights-of-way and facilities
for both pedestrian and automobile traffic will be ade-
quate to accommodate the anticipated results of the pro-
posed development including off-street parking facilities
and access thereto in that the development provides an
adequate number of onsite customer/employee parking spaces
that are conveniently located on the site. The location
of the driveway opening near the center of the pico
Boulevard frontage will not interfere with adjacent traf-
fic circulation patterns.
4. The existing and/or proposed public and/or private health
and safety facilities (including, but not limited to,
sanitation, sewers, storm drains, fire protection devices,
protective services, and public utilities) will be ade-
quate to accommodate the anticipated results of the pro-
posed development.
S. The proposed development is consistent with the General
Plan of the City of Santa Monica and the Zoning Ordinance
in that the project will conform to the height, bulk, use
and urban design policies for the Lincoln South District
as specified in the Land Use Element of the General Plan
and conform to the appropriate C-4 (Commercial Highway)
standards contained in the Zoning Ordinance.
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CONDITIONAL USE PERMIT FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the pUblic interest and necessary that
substantial justice be done in that the site has tradi-
tionally functioned as a nondisruptive commercial site
wi th minimal impacts on adj acent res idential land uses.
The location of the three contiguous parcels along Pico
Boulevard limit use of the site for long term residential
uses. The development will provide an aesthetically ac-
ceptable commercial development near a key entry point to
the City.
2. The proposed use is compatible with existing and potential
uses within the general area, traffic or parking conges-
tion will not result, the public health, safety and
general wel fare are protected and no harm to adj acent
properties will result.
SPECIAL CONDITIONS
1. The Architectural Review Board, in their 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.
STANDARD CONDITIONS
1. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
2. 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 substantial conformance
wi th the plans submitted or as modified by the Planning
Commission, Architectural Review Board or Director of
Planning.
3. The rights granted herein shall be effective only when
exercised within a period of one year from the effective
date of approval. Upon the written request of the appli-
cant, the Director of Planning may extend this period up
to an additional six months.
4. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the california Administrative Code, Title 24,
Part 2.
5. The parking lot shall be striped, screened and landscaped
in conformance with Sec. 9l27.J.l and Sec. 9l29.F.7
(SMMC).
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6. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
7. Refuse areas, storage areas and mechanical equipment shall
be screened in accordance with Sec. 9127J. 2-4 (SMMC).
Refuse areas shall be of a size adequate to meet on-site
need.
8. A 5 to 6 foot solid masonry wall shall be provided along
property lines which abut residential property in accor-
dance with Sec. 9127.1 (SMMC).
9. 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.
10. No noise generating compressors or other such equipment
shall be placed adjacent to neighboring residential
buildings.
11. Project design shall comply with the building energy reg-
ulations set forth in the California Administrative Code,
Title 24, Part 2, (Energy Conservation standards for New
Residential Buildings), such conformance to be verified by
the Building and Safety Division prior to issuance of a
Building Permit.
12. Openable windows shall be provided throughout the project,
in a manner consistent with applicable building code and
energy conservation requirements.
13. 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.
14. 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.
15. Any outdoor lighting shall be shielded and/or directed
away from adjacent residential properties, with any such
lighting not to exceed 0.5 foot candles of illumination
beyond the perimeter of the subject property.
16. This determination shall not become effective for a period
of twenty days from the date of determination or, if ap-
pealed, until a final determination is made on the appeal.
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Prepared by: Wanda Williams, Associate Planner
WW:ww
PC/CUP493
02/23/88
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ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
category
Municipal Code
Land Use
Element
Project
Cmmcl. Retail
with CUP/DR
Permitted Use
Cmmcl. Retail
with CUP/DR
cmnuncl. Retail
with CUP/DR
Height
6 stories/gO ft. 2 stories/30 ft. 1 story/10 ft.
F.A.R.
3.3
1.0
.51
parking
1:300 s.f.plus N/A
1 loading zone
Project: 18 spaces
for 5425 s.f. plus
1 loading zone space
1:300 s.f. plus
1 loading zone
Project: 18 spaces
for 5425 s.f. plus
1 loading zone space
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