Loading...
SR-402-001 (21) L/o7 .--.00 I \2-B ....- '" . C/ED:PB:DKW:AS Council Mtg: April 11, 1989 APR 1 1 1989 Santa Monica, CaL~fornia TO: Mayor and City Council FROM: City staff SUBJECT: Appeal of planning Commission Denial of Review 444, EIA 856, 1245 Fourth street, 33,750 square-foot Retail/Office/Church with 91 Parking Spaces Provided in a Subterranean Garage. Applicant/Appellant: Arkineto Architects. Development Five-Story, Development Three-Level Mark Fuote, INTRODUCTION This report recommends that the City council deny the appeal and uphold the Planning Commission's denial of Development Review 444 and Initial study EIA 856, to permit the construction of a five-story, 33,750 square foot retail/office/church development with 91 parking spaces in a three-level subterranean garage. At the November 2, 1988 Planning commission meeting the Planning commission denied the project on a 5-0 vote. Mark Fuote of Arkineto Architects is appealing that decision for the developer, Unity By The Sea. BACKGROUND The Unity By The Sea Development is proposed to be constructed on an 11,250 square foot parcel located on the east side of Fourth street between Arizona Avenue and Wilshire Boulevard. The 3,965 square foot ground floor is proposed to be devoted to retail uses. Floors two through four, totaling 20,833 square feet, - 1 - 12..-8 APR 1 1 19&9 would be occupied by offices uses. The Unity By The Sea Church would utilize the 8,166 square foot fifth floor. The effective development standards for this project are a height of four stories, 56 feet and a Floor Area Ratio (FAR) of 3.0. with approval of a Site Review permit, these thresholds may be increased to six stories, 84 feet and a 3.5 FAR. The subject development application for Site Review is five stories, 78 feet with a FAR of 3.0. An Initial study was prepared for this project which determined that construction of the proposed development would not result in any significant environmental impacts. However, since the Planning Commission denied the project, a Negative Declaration was not issued for the Initial Study. At the close of the 30-day public review period, no comments were received regarding the Initial study's findings. The Final Initial Study is attached for your review (Attachment F). If the Council wishes to approve the project, the Final Initial study must be certified prior to approval. As proposed, the project provides a recessed ground floor entry, second floor terraces along both the north and south elevations, and light wells at the third through fifth floors. Building materials will be a combination of clear glass and light colored masonry. Al though the front elevation is slightly recessed at the first three floors to accommodate the entry court, the fourth and fifth floors do not step back, but extend to the front property line. - 2 - In their denial of the project the Planning Commission expressed concern regarding the project's proximity to the Crossroads School and the potential safety issues that could result due to proj ect generated traffic utilizing the alley. The alley is currently used by the school for passenger drop-off, and students must cross the alley to access the playground. The Planning commission also stated that the building was "monolithic" and that the sanctuary should either step back from the front elevation or be designed to be clearly separate from the commercial portion of the building. In general, the Commission felt the project did not provide adequate public amenities to justify the Site Review request for an additional story. The Commission recommended that the excessive massing at the front elevation be reduced, that the building provide some articulation as encouraged by policies in the Land Use and CirCUlation Element, and that the fourth and fifth floors be reduced in size to permit additional terraces and building setbacks. ANALYSIS The appellant/applicant has stated that unity By The Sea has agreed to all the mitigation measures set forth in the Initial study and that they request approval of the project as submitted in its original design. According to the appellant/applicant, the church has "taken on an entrepreneurial attitude towards their religion and the community in which they are housed." consequently, they have determined that, in order to remain at their current location, the project must be primarily a - 3 - commercial venture with the church sanctuary located on the fifth floor. since sUbmitting the appeal letter, the appellant/applicant has established a tentative agreement with Crossroads Elementary School to mitigate their concerns regarding alley traffic, construction related impacts, and the removal or use of asbestos or other toxic materials at the project site. This tentative agreement is contained in Attachment B. Although the mitigation measures proposed by the appellant/applicant do address one area of the Planning Commission's concerns, the project design has not been altered. The Planning Commission provided very specific direction at the public hearing regarding the amenities a project requesting a Site Review bonus should include. In that the project design still does not feature an articulated, stepped back facade, landscaped terraces are minimal, the massing of the Fourth street elevation is excessive, the fifth floor has not been reduced in size, and the pUblic open space is limited to the covered entry court, Planning staff cannot support the appeal of denial of the site Review request for a fifth story. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact . - 4 - RECOMMENDATION It is respectfully recommended that the council deny the appeal and deny Development Review 444, EIA 856 with the findings and conditions contained in the November 2, 1988 Planning commission statement of Official Action. Prepared by: Amanda Schachter, Associate Planner D. Kenyon Webster, principal Planner Paul Berlant, Director of Planning Attachments: A. Letter of Appeal from Mark Fuote, Arkineto Architects B. Agreement in Concept Between unity By The Sea and crossroads School c. Planning commission Staff Report, 11-2-88 D. Planning Commission statement of Official Action, 11-2-88 E. Planning Commission Minutes, 11-2-88 F. Final Initial Study, EIA 856 G. Project Plans AS PC/CCDR444 04/03/89 - 5 - ARKINETO ARCHITECTS .. - EI:,B67~ ( A-t\-b.-.cJ'1.VV]e tit- A CITY OF S~~~:i A Mm~IC~ CITY Pl M!( : . ",FIf- ~ 1331 WASH I NGTON 80 ULEVARD . VEN I CE . CAUFORN IA . USA 90291.3739 213. 399-7100 MARK FU OTE ARCH ITE CT AlA 11 NOVEMBER 1988 "88 NOV 14 A 9 :49 AMANDA R. SCHACHTER PLANNING DIVISION CITY OF SANTA MONICA 1685 MAIN STREET SANTA MONICA, CA 90401 RE: 1245 4TH STREET SANTA MONICA DEAR AMANDA: THE UNITY BY THE SEA CHURCH REQUESTS THAT IT BE ALLOWED TO BUILD ITS PROJECT IN ACCORDANCE WITH THE RECOMMENDA- TIONS FOR APPROVAL BY THE CITY PLANNING STAFF IN THE INITIAL STUDY FOR THIS PROJECT AT 1245 4TH STREET. THEY WISH TO PRESENT TO CITY COUNCIL AT THE NEXT AVAIL- ABLE TIME FOR RECONSIDERATION. UNITY BY THE SEA HAS AGREED TO ALL MITIGATION MEASURES SET OUT IN THE INITIAL STUDY AND FEELS THAT BECAUSE OF THE QUASI-NATURE OF THE PROJECT AND ITS LONG HISTORY OF PARTICIPATION IN THE COMMUNITY IT WOULD BE A WELCOME ADDITION TO THE CENTRAL CORE AREA OF SANTA MONICA. CIRCUMSTANCES SURROUNDING THIS REQUEST ARE AS FOLLOWS: UNITY BY THE SEA IS NOW HOUSED IN A 15,700 SQUARE FOOT COMPLEX WHICH IT HAS OCCUPIED SINCE THE EARLY '50'S IN SANTA MONICA. THE BUILDING IS IN EXTREME DISREPAIR AND WOULD REQUIRE OVER $1.5 MILLION TO RESTORE. UNITY BY THE SEA HAS TAKEN ON AN ENTREPRENEURIAL AT- TITUDE TOWARDS THEIR RELIGION AND THE COMMUNITY IN WHICH THEY' ARE HOUSED. THEY WOULD LIKE TO BUILD A 5-STORY BUILDING WITH A REDUCED SANCTUARY SPACE TO 8500 SQUARE FEET WHICH WOULD BE ON TOP OF A 5-STORY MIXED- USE COMPLEX. THE GROUND FLOOR WOULD BE PEDESTRIAN IN NATURE WITH SMALL RETAIL SHOPS. THE 2ND, 3RD AND 4TH FLOORS WOULD HOUSE PROFESSIONAL OFFICE USERS. THE ARKINETO ARCHITECTS '" ( ( AMANDA SCHACHTER PLANNING DIVISION CITY OF SANTA MONICA 11 NOVEMBER 1988 ENTRY TO THE CHURCH AT THE TOP AND THE OFFICE COMPLEX WOULD BE THROUGH A 3-STORY HIGH GARDEN ATRIUM ENTRANCE WITH PLANTERS AND COVERED COURTYARD SPACE. THE CONCEPT OF THE PROJECT WAS TO CREATE AN URBAN AND PEDESTRIAN BASE FOR THE SANTUARY AT THE TOP YET PROMOT- ING THE CURRENT PHILOSOPHY OF THIS NONDENOMINATIONAL RELIGIOUS CENTER. UNITY BY THE SEA SEEKS TO REMAIN IN SANTA MONICA AND SUSTAIN ITS OPEN-DOOR PHILOSOPHICAL MULTI-DIMENSIONAL, MULTI-RELIGIOUS ATTITUDE TOWARDS THE COMMUNITY. THE PROJECT IS MEANT TO BE A HIGH-QUALITY MULTI-USERS BUILDING WHICH IS SUITABLE BOTH TO THE CURRENT NEEDS OF UNITY BY THE SEA AND FOR ITS FUTURE. REGARDS, ARKINETO ~ MARK FUOTE AlA ARCHITECT PRINCIPAL MF ICE CC CLARICE JOHNSEN, CITY CLERK PHILIP NICOLA LOU ORSAN MAYOR CONN'S OFFICE --.J 2 A~Wt <' Yl-r 13 Paul F Cummms Headmaster @oSSRO~S" "c,'" ELEMENT~RY .J. SCHOOL nm 25 .\2 l:- Joan C Green Director March 24, 1989 Amanda Schachter Associate Planner City Plannmg DiviSion 1685 Mam Street Santa MOnica, Ca. 90401.3295 Dear Ms Schachter, I have met wIth Dr NIcola and have come to a prellmmary agreement regardmg the proposed construction at 1245 Fourth Street pendmg approval of a number of plans The details of the agreement have yet to be reviewed and approved by our attorney, but a letter outlining the plans discussed at yesterday's meeting IS enclosed I anticipate that a few pomts of clanflcatlon will be raised by our attorney, but, in general, we have come to an agreement. I shall send you confirmation of approval as soon as our attorney has the opportunity to review the plans Smcerely, chLt1 ~/ C~_- cc: Dr Philip Nicola 1229 Fourth Street, Santa MOnica, California 90401. (213) 393-6059/394-2691 Philip NIcola. D.O. M,nr,kr Umly.By-The-Sea 1245 Fourth Street Santa MonIca CdlrfornLd 90401 (213) 393-02/3 ReD. Margie Ann N~cobt A'>.'>hWI.t fvlrrU"ler March 23, 1989 Sue StkklRg. D.D. MUlj"ler Erru.>nlw. Joan C. Green Dlrector Crossroads Elementary School 1229 Fourth Street Santa Monica, California 90401 He: Unity-By-The-Sea 1245 Fourth Street, Santa Monica, California Dear Ms. Green: ThlS letter sets forth specific efforts Uni ty-By-The-Sea ("Unity") is prepared to undertake to mitigate any potentlal confllcts between the ongoing operations of your school and the proposed development of the Unity site. In the event that Unity proceeds with development of the project currently being reviewed by the City of Santa Monica, Unity is prepared to implement each of the following programs: Trafflc. 1. Uni ty will work with Crossroads to obtain City approval for installatlon of a sui table overcrossing to permit students to walk over the alley from the school to the playground. unity will pay all costs of obtaining and dellvering the overcrossing. Crossroads will pay all costs assoclated wlth installlng the overcrossing. 2. Unlty will apply to the City to install a flashlng yellow light on Fift:h Court which would flash during selected hours of the school day. The flashing light could be integrated with the overcrossing if desirable. Unity will pay any private party costs assocJ..ated with the installation of the flashing light. 3. Unity wlll apply to the City to post signs In Fifth Court cautioning drivers of the proximity of schoOl children. Unl. ty wlll pay any private party costs assoclated Wl th installation of the additional signs. Lel There Be A New World Let It Hi gIn With Me Joan Green March 23, 1989 Page 2 4. Uni ty will request the City reduce maxJ..mum allowable speeds on Fifth Court. 5. Un~ty ,will request the City install speed bumps on Fifth Court. 6. feasJ..bJ..lJ..ty direction. Unity will request the City of .makJ..ng Fifth Court one-way investigate the in a northerly Construction Disturbances. 1. I f the City approves the proj act by mid-April, UnJ.. ty wi 11 make every effort to complete demolition and excavation between June 15 and September 5. 2. If excavation is not completed prior to September 5, subject to CJ..ty approval, Unity will conduct all excavation between the hours of 6:00 p.m. and 7:00 a.m.. 3. Commencing on September 5, 1989, UnJ..ty will re J..mburse Crossroads for its actual documented costs incurred during the temporary relocation of the students f play area subject to the following: a. Unity will pay for leasing a vehicle suitable for transporting up to thJ..rty children to the -relocated play area. As an alternative, Unity WJ..ll provide such a vehicle to Crossroads for J..ts use during regular school hours. As a third al ternatJ..ve, if Crossroads purchases such a vehicle Unity WJ..ll pay an amount equal to the lease rate for such a vehicle. In each circumstance UnJ.. ty will pay for a driver, insurance, gas, and other ordinary -and reasonable costs associated with this undertaking. b. Uni ty wi 11 pay the rental rate for an alternative play area which is generally equivalent in size and amenJ.. ties to Crossroads f existing play area located on Fifth Court. c. Crossroads will allow Unity to use its ex~stJ..ng play area for storage of materials during the tJ..me that Joan Green March 23, 1989 Page 3 Crossroads is not using the play area. unity will tarp and protect any amenities or improvements located on the play area to avoid unnecessary damage. Unity will restore the play area to ~ts current condition prior to vacating the premises. d. This arrangement shall be terminated upon thirty days written notice to the parties. access Court. Fourth 4. to the Heavy street. During all stages of construction, the primary 5i te shall be off Fourth street and not Fifth equipment accessing the 8i te will be staged on Asbestos or Toxic Materials. 1. Unity will provide the school with a recent report which conf1rms that no asbestos or other toxic materials exist on the si te which might be disturbed during demolition or excavation. 2. Unity will not utilize asbestos in any aspect of constructing the new project. In exchange for the above concessions, on or before March 27, 1989, Crossroads will prepare and deliver to the City of Santa Monica a written affirmation that .it withdraws its oppositlon and now approves the development of the Unity proJect. We think this agreement is in the long-term interest of each party and will serve as a basis for assuring good relations in the future. If you have any questions do not hesitate to call. Very truly yours, Lou or~; O~ preSide~ ~ Board of Directors A+t-LtLlln, <'~' 1+ C. CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM DATE: November 2, 1988 TO: The Honorable Planning Commission FROM: Planning staff SUBJECT: DR 444, EIA 856 Address: 1245 4th street Applicant: unity By The Sea SUMMARY Action: Application for Development Review and site Review to construct a 5 story, 33,750 sq. ft. retail/office/church develop- ment on the site of the existing Unity By The Sea building and issuance of a Negative Declaration on the Initial Study. The project is subject to the development standards of the Land Use Element and the former zoning ordinance. Recommendation: Approval. SITE LOCATION AND DESCRIPTION The SUbject property is a 11,250 sq.ft. parcel located on the east side of Fourth street between Arizona Avenue and Wilshire Boulevard having a frontage of 75 feet. Surrounding uses con- sist of one-story comnercial uses (C3) to the north, one-story commercial uses (C3) to the south, one and two-story commercial uses including the Post Office (C3) to the east, and a four story Ci ty parking structure, a surface parking lot, and a one-story commercial structure (C3) to the west. Zoning Districts: C3 Land Use Districts: Downtown Core Parcel Area: 75' X 150' = 11,250 sq. ft. PROPOSED PROJECT Proposed is a five story, 33,750 sq.ft. retail, office, church development. The ground floor provides 3,965 sq.ft. of retail space, a total of 20,833 sq. ft. of office space on the second through fourth floors, and a 8,166 sq.ft. sanctuary space on the fifth floor. The project reaches a maximum height of 78 feet and has a Floor Area Ratio of 3.0. The proposal will require the - 1 - ( ( demolition of the existing 1 story, 15,400 sq. ft. Unity By The Sea building. The church group will utilize the sanctuary space on Sundays and will allow other nondenominational groups to uti- lize the space on weekday evenings, as is the current practice. Since the development is located in the Downtown Parking Assess- ment District, the project is not required to provide on-site parking. However, the proj ect does provide 92 parking spaces, including two loading spaces. Five spaces are located at grade at the rear of the building and the remainder are located in a two level subterranean garage accessed from the rear alley. This parking will be designated for the use of the retail and office space only; parking for the sanctuary space will continue to be provided via the City owned parking structures. A Development Review application is required in that the project exceeds 15,000 sq. ft. Site Review is also required to permit a 5 story/78 ft. structure in the Downtown Core where four stories/56 ft. is permitted by right and up to six storieSj84 ft. is permit- ted with site Review. 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 An Initial study has been prepared for this project and approval of a Negative Declaration is recommended. Copies of the Initial study were distributed to the Planning commission at the begin- ning of the 30 day public review period. Comments received and the responses to the comments are incorporated into the Final Initial Study (Attachment B). FEES The applicant will be assessed fees pursuant to Resolution No. 7286 (CCS) which established the Third street Mall and Downtown Parking Improvement District. The applicant will also be subject to the Housing and Parks Mi tiqation Program contained in the adopted Land Use and Circulation Element of the General Plan and implemented through Ordinance 1367 (CCS). The project mitigation measures may be satisfied by an in lieu fee paid to the city as outlined in the conditions of approval for this project. ANALYSIS Relationship to Land Use and Circulation Element As proposed, the project is consistent with the policies and ob- jectives setforth in the Land Use and Circulation Element for the Downtown Core Commercial District. policies applicable to development in this area encourage uses that will create activity in the downtown during both daytime and evening hours, and re- quire that ground floor businesses be pedestrian oriented uses - 2 - ( ( such as comparison retail or restaurant facilities. Development in the area is restricted to a height of four stories/56 ft. but may be increased to a maximum of six stories/84 ft. with approval of a Site Review permit. The Unity By The Sea development is a mixed use project with a variety of uses that should attract pedestrian activity both during standard business hours as well as during the evening and weekend when the downtown area is typically more quiet. The development provides retail uses along the ground floor and a large, recessed entry which will include landscaped planters and a seating area open to the general public. The second through fourth floor offices will be leased by the church for general office space. The fifth floor sanctuary space will be used by Unity By The Sea on Sundays for church services. On weekday eve- nings the applicant will make this space available to other com- munity groups, such as the Boys Club, Girl Scouts, and Santa Monica College, as is the current practice. These community ori- ented uses will enhance both the proposed project and the sur- rounding area. site Review The applicant has requested approval of this proj ect with a height of five stories/78 ft., still below the maximum allowable height of six stories/84 ft. As discussed in the Initial Study for this project, no significant environmental impacts would result in any of the analyzed categories due to the construction of the proposal. In that the fifth floor sanctuary space will be used during non-peak hours on weekends and evenings and that the space will also be utilized by local community groups, staff recommends approval of the site Review request. Project Design Although the proposal is substantially taller than the surround- ing structures on the east side of Fourth Street, it is located directly across from a four story parking structure and from a proposed six story office building. The project design features a recessed entry and public courtyard and second floor terraces at both the north and south elevations which are left open to the sky to provide articulation along the sides of the building. Building materials will be a combination of clear glass and a light colored masonry. In their review of the Initial study, the Landmarks Conunission expressed no concern regarding the demolition of the existing Uni ty By The Sea building. The Initial study states that the building is historically significant because it was constructed for the Evening Outlook Newspaper, and architecturally signifi- cant because it was designed by Parkinson and Parkinson, one of Los Angeles' most prominent architectural firms. The Landmarks Commission did not concur with the historically significant find- ing since this was not the original location of the Evening Out- look and, in fact, the Evening Outlook has had many locations within the city. The Landmarks Commission also questioned the - 3 - ( ( information regarding the Parkinson firm. The City's Historic Resources survey could not verify this statement and only iden- tifies the structure as possibly designed by the Parkinson firm. On September 30, 1988 the applicant filed a permit to demolish the structure. Since the building was constructed prior to 1930 the demolition permit was distributed to the Landmarks Commission for a 30 day review period. During this time the Landmarks Com- mission agreed not to file a Landmark Designation application and to allow the demolition to go forward. parking and Traffic Analysis A traffic analysis prepared by McClelland Engineers analyzed the traffic impacts on seven nearby intersections. Based on the city Traffic Division guidelines, the study determined that the proj- ect alone would not have a significant impact on traffic in the area. However, traffic generated by area wide growth and related projects will increase the level of service at the Colorado and Fourth street intersection to Level of Service (LOS F) during the p.m. peak hour. This intersection is projected to operate at this level with or without the traffic generated from the pro- posed project. However, since the volume/capacity ratio at this intersection with the addition of the project is not projected to change, the LOS F is not considered a significant impact of the project. The city parking and Traffic Division determines that a significant impact exists if the V/C ratio increases by 2 pere- cent or greater and the intersection is projected to operated at LOS E or worse before or after project related traffic. The Ini- tial study also recommends mitigations measure to address cumula- tive conditions such as a Transportation Management Plan and left turn only lanes along Fourth street. These will be evaluated as part of the City-wide Traffic Study. It should be noted that the Fourth street and Olympic Boulevard intersection is currently operating at LOS F. This intersection is currently not signalized. As noted in the Initial study, sig- nalization of this intersection will improve the operation to LOS C. This intersection will be signalized as part of the of- construction of the Fourth Street on-ramp to the I-lO Freeway. The start date for this project is estimated to be 1991. Although on-site pal;'king is not required since the project is located in the Downtown parking Assessment District, 90 parking spaces will be provided for the use of the retail and office space. Based on the Zoning Ordinance requirement of one parking space per 300 sq. ft. of office and retail space, a total of 83 parking spaces would be required. Unity By The Sea currently utilizes the City parking structures to accommodate the parking demand for its facility. Since the proposed sanctuary space is smaller than the existing building (8166 sq. ft. vs. 15,400 sq. ft.) and that on-site parking will more than adequately accom- modate the retail and office parking demand, the City parking structures should not be impacted by the proposed project. - 4 - ( ( r Conclusion The proposed retail/office/church development is consistent with the policies and objectives of the Land Use Element and will pro- vide a community oriented use in the downtown that will con- tribute to the pedestrian activity in the area during the non- peak evening and weekend hours. RECOMMENDATION Planning Staff recommends approval of DR 444, and approval of a Negative Declaration for EIA 856 as amended by Attachment C 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 project provides pedestrian oriented uses at the ground floor along Fourth street as well as an outdoor seating area open to the general public, and recessed areas along both the front and side elevations provide articulation and balance the overall massing of the structure. 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 90 on-site parking spaces will be provided for the proj ect I s office and retail space while the sanctuary space will continue to utilize the City Parking structures and that although the Colorado and Fourth street intersection is projected to operate at LOS F with or without the project the volume/capacity ratio at this intersection with the addition of the proposal is not projected to change. Therefore, the project has been determined not to have a significant impact on traffic in the area. 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 in that the proposed project in that - 5 - ( ( ( wastewater generated by the proposed proj ect will rep- resent approximately 0.4 percent of the available treat- ment capacity and that other utility and service systems are adequate to serve the project. 5. The proposed development is consistent with the General Plan of the City of Santa Monica and the Zoning Ordinance in that the project will conform to the height, bulk, use and urban design policies for the Downtown Core as specified in the Land Use Element of the General Plan and conform to the appropriate C3 standards contained in the zoning Ordinance. SPECIAL CONDITIONS 1. Building lights shall be oriented toward the building and non-reflective building materials and glazes shall be used to minimize light and glare. 2. All required water system improvements shall be designed and constructed to City standards. The applicant shall pay for any upgrade of the water service line from the West Mall Court Alley to the project. 3. A hook-up fee shall be paid to the City by the applicant. 4. The developer shall comply with the City's xeriscape land- scaping requirements. 5. The applicant shall request a fire flow test from the city at a fee of $200.00 to determine pressure and flow in the water line in Fourth Court Alley. Based on the findings, a fee for fireline upgrade may be required as specified by the Santa Monica Fire Department. 6. The project shall comply with the city's wastewater con- trol and water conservation ordinances. 7. Vehicles hauling dirt or other construction debris from the site shall cover their loads to minimize dust emissions. 8. A complete set of black and white photographs of the ex- isting building accompanied by measure drawings shall be prepared by the applicant and submitted to the Planning Division prior receipt of a building permit. 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 subj ect to Planning cOJT\lllission - 6 - ( ( ". Review. Construction shall be in conformance with 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. No extensions may be granted under the provisions of SMMC section 9002.2{c). 4. 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. 5. street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code COrd. 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. 6. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.5 gallon toilets and 1.0 gallon urinals and low flow shower head.) 7. 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. 8. 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 appeal. PROJECT MITIGATION FEE CONDITION 1. In accordance with Section 9046.1 of the Santa Monica Municipal Code, prior to issuance of a building permit the developer shall execute an irrevocable letter of credit or other form of security acceptable to the City for the pay- ment of an in-lieu fee for housing and parks equal to $2.25/sq.ft. for the first 15,000 sq.ft. of net rentable office floor area and $5.00/sq.ft. for the remaining net rentable office floor area. This fee shall be adjusted for inflation by the percentage change in the Consumer Price Index (nCPlu) between October 1984 through the month in which the payment is made. Upon mutual agreement of the developer and the City, the developer may satisfy the Project Mitigation measures by providing low and moderate income housing or developing new park space on or off the project site. To fulfill this obligation an agreement shall be secured in writing by the developer and approved by the City Attorney and City staff prior to issuance of a building permit. - 7 - ( ( ~ Prepared by: Amanda Schachter, Associate Planner Attachments: A. Municipal Code and General Plan Conformance B. Final Initial Study C. Initial Study Corrections D. Project Plans PC/DR444 AS 10/17/88 - 8 - ~ ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Category Permitted Use Height F.A.R. Parking ~unicipal Code C3: Permits Retail, Office, Community Uses Such As Churches 6 Stories/90' N/A Land Use Element Downtown Core Permits Retail, Office, Pedestrian Oriented Uses 4 Stories/56' 6 storieS/84I With site Review 3.0 3.5 with Site Review " project Retail, Office, Church 5 storieS/78I 3.0 None Required. Project Located 91 Parking Spaces in Downtown Parking Assessment District. - 9 - ( ( ~ ATTACHMENT C INITIAL STUDY CORRECTIONS Although the following corrections will not change the analysis, anticipated impacts, or recommended mitigation measures discussed in the Final Initial Study, these changes should be incorporated into the Final Initial study prior to issuing a Negative Declaration on the proposed project. 1. Page 4-15, Paragraph 2: "Uses permitted in the C-3 district include general retail, banks, offices, theatres, clubs, lodges, and other similar uses such as places of worship. The zoning regulations establish property development standards for the district (section 9ll6A under the zoning ordinance in effect prior to September 8, 1988) for maximum building height and yard setbacks." 2. Page 4-15, Paragraph 3: The applicable code sections to reference are from the old zoning code that was in effect prior to September 8, 1988. Section 9044.4 should be section 9129F.l. and Section 9045.3 should be section 9l30B. 3. Page 4-15 - 4-16, Paragraph 3: "Specific development standards applicable to the proposed project include a maximum building height of six stories, not to exceed 90 feet. No setbacks are required from the property lines. Off-street freight and equipment loading parking requirements for commercial buildings with a total gross floor area of 15,001-45,000 sq.ft. are two spaces to be located on-site. 4. page 4-18, Paragraph 2: The appropriate zoning code section to reference regarding loading space requirements is section 9130B under the zoning ordinance in effect prior to September 8, 1988. 5. Page 4-19, Table 3: The front yard setback specified as required under the zoning ordinance development standards is not required under the old zoning ordinance. COR856 - 1 - ( ( , l ~ A-tt-o.-ch yYJ.en +- D STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: DR 444, EIA 856 LOCATION: 1245 4th street APPLICANT: Unity By The Sea REQUEST: To construct a 5 story, 33 ,750 sq. ft. retail/ office/church development on the site of the ex- isting Unity By The Sea building and issuance of a Negative Declaration on the Initial study. PLANNING COMMISSION ACTION 11/2/88 Date. Approved based on the following findings and subject to the conditions below. X Denied. other. FINDINGS 1. The physical location and placement of proposed structures on the site are incompatible with and do not relate harmoniously to the surrounding sites and neighborhoods in that the proj- ect does not step back from the property line at the upper levels to reduce the building mass at the street frontage, the facade is not articulated on any elevation, and that the project does not include public amenities, such as landscaped open space, pedestrian scale design elements, set backs or terraces, to justify the site review request. 2. The existing and/or proposed rights-of-way and facilities for both pedestrian and automobile traffic will not be adequate to accommodate the anticipated results of the proposed development, including off-street parking facilities and ac- cess thereto in that the ingress and egress of a project of this size via the rear alley would endanger children from the adjacent elementry school who regularly use the alley to ac- cess the school play yard. - 1 - 10. VOTE Ayes: Nays: Abstain: Absent: ( ( Farivar, Lambert, Mechur, Pyne, Nelson None None Hecht, Kaufman I hereby certify that this statement of accurately reflects the final determination commi99iO~/Z;L-=::/L signature STDR444 AS 11/09/88 !1d~;:; j~y_/~ .dlt~ ~~-r print name and title / Official Action of the Planning 2~J7 ~/? date {J ./ e4dFr/",,"r'50-7 / - 2 - A+to...cl-1 m -c~A~+ E A motion for approval of all consent items was approved by the following vote: AYES: Farivar, Lambert, Mechur, Nelson, Pyne~ ABSENT: Hecht, Kaufman. A. TPC-068, Tentative Tract Map 46646, 515-521 San vicente Blvd., R3, Application for a Tenant-Participating Conversion and Tentative Parcel Map to convert a seventeen (17) un! t apartment building into condominiums, the Planning Commission will review the application for compliance with the requirements of Article XX of the city Charter (the Tenant Ownership Rights Charter Amendment) and the state Subdivision Map Act. B. cUP 88-003, 119-121 Broadway, C3, To permit the on-site sale of beer and wine in a restaurant of over 50 seats located at 119-121 Broadway. Applicant: Warren Doi. C. Conditional Use Permit 546, 625 Montana Avenue, C2, to allow an off-site beer and wine alcohol license in the C2 zone. Applicant: Montana Wine Company. D. CUP 537a, 317 Santa Monica Boulevard, C3, To modify a previously approved Conditional Use Permit which allowed a 328 seat restaurant witli live comedy to permit a 328 seat comedy club at the basement level, a 122 seat restaurant and bar at the ground floor, and the addition of 1181.24 sq. ft. to the existing second floor for offices, employee lockers, restrooms and storage. Hours of operation will remain 12:00 noon to 2:00 a.m. seven days a week. Applicant: Improv West, Inc. E. CUP 532, TTM 49432, 908 18th street, R2, To demolish an existing two unit residential building and construct a two story, with loft, six unit condominium building with 12 subterranean parking spaces accessed from a rear alley. Applicant: Yung-Mei Hung. Continued to 11/16/88. 7. PUBLIC HEARINGS: A. DR 444, EIA 856, 1245 4th street, C3, To construct a 5 story, 33,750 sq. ft. retail/office/church development with 3,965 sq. ft. of ground floor retail space, 20,833 sq. ft. of office space on the second, third, and fourth floors, and an 8, l66 sq. ft. sanctuary on the fifth floor. The structure reaches a maximum height of 78 feet. A total of 92 parking spaces will be provided in a three level subterranean garage accessed from the rear alley. A Development Review Permit is required for a commercial development over 15,000 sq. ft. A Negative Declaration for Initial study ErA 856 will also be considered. This involves making the determination that the project will have no significant environmental impacts. Applicant: Unity By The Sea. - 2 - Following the staff report, Commissioner Farivar commented that the plans were too large to handle and asked that in the future plans be submitted in a smaller size, maximum size 36" x 24". Commissioner Farivar also asked staff if the building was eligible for landmark status. Staff stated the building was eligible, but the Landmark's Commission, after reviewing the demolition permit, decided not to file a Landmark Application. Chair Nelson commented on the Initial Study and Negative DeClaration, in particular, the traffic section which did not include the intersection of 4th street and Santa Monica Boulevard. The city Traffic Engineer explained that the study focused on maj or intersections, wi th a determination that the 4th street and Arizona Avenue intersection would be most impacted. The Traffic Engineer did not know why the 4th Street and Santa Monica Boulevard was omitted. Chair Nelson asked the Traffic Engineer about the ingress/egress of the one way alley and if distribution was considered for all egress onto Arizona Avenue. The Traffic Engineer stated the distribution statistics represent the macro-envirQnment and are percentages of the gross, not specific. Chair Nelson asked about the impact of the project on the Wednesday Farmer's Market. The Traffic Engineer stated that he did not believe the Farmer's Market impact was analyzed. Chair Nelson noted there was heavy pedestrian traffic on Farmer's Market day. Chair Nelson stated it was a localized problem. The Traffic Engineer stated that the City's Land Use Element and Circulation Element asks for alley access, when feasible, and that the parking plans were reviewed by staff with the alley access requirement in mind. Also, all the downtown area alleys are one way. Chair Nelson asked if the flow of the alley should be reduced, especially for this project. The Traffic Engineer stated that some businesses have asked for this change and a study may be done to assess the feasibility. Chair Nelson asked about the school crossing in the alley. The Traffic Engineer stated there was a potential problem, although a recent study indicated no problems. Chair Nelson asked about vehicles parking in the alley and that he had seen a sixteen foot van blocking the crosswalk. The Traffic Engineer suggested Parking Enforcement be asked to step up their patrols of the alley. Chair Nelson asked about the City parking structure across the street and asked if the midblock pedestrian crosswalk could be eliminated. The Traffic Engineer stated a study could be done. Chair Nelson asked about page 4-45 of the Initial study and asked about the analysis criteria. The Traffic Engineer stated that the Critical Movement Approach - 3 - (CMA) was a widely used and accepted form of analysis. Chair Nelson asked for a copy of the CMA. Commissioner Lambert commented on the removal of the midblock crosswalk and stated it would promote jaywalking. commissioner Lambert said it seemed as if Unity would be using the city parking structure rather than their own parking on Sundays. Staff stated this was correct. Commissioner Farivar asked why there was no morning peak hour traffic counts in Table B, page 4-40 of the the EIR. commissioner Farivar commented on the discrepancy between the p.m. peak hour LOS of "e" for the intersection of 4th street and Arizona Avenue in the EIR and the AMe Mul ticinema EIR stating the same intersection LOS at liE". The Traffic Engineer stated the existing conditions on 4th street had changed between the two studies and that 4th street now has two lanes of traffic and no parking whereas before metered parking existed along 4th Street. Commissioner Pyne asked the Traffic Engineer if the 4th Street and OlYmpic Boulevard intersection was signalized. It is not. Commissioner Farivar asked staff about the height of the building which exceeds the site review threshold and that there are no references in the staff report as to the conditions that warrant the additional floor. Staff stated that on page 3 of the staff report, staff analysis indicated that no significant impacts would result from the Site Review request and that the sanctuary would be considered community use. Commissioner Farivar asked if this was included as a condition of approval. Staff indicated it was not included but could be added. Commissioner Farivar asked if there were any windows on the south side of the property. Staff indicated the south elevation was mostly glass. Commissioner Farivar asked if the windows were on the property line. Staff stated there were windows on the property line. Commissioner Farivar asked what would happen if the adjacent property was built to an equal height. staff stated this would block the view of the windows, however the building height requirements have been reduced under the new zoning code. The applicant, Dr. Philip NicOla, 1804 Montana Avenue, Santa Monica, was present to discuss the proj ect with the Commission. Commissioner Farivar asked the applicant if there was any special reason for having the sanctuary on the highest floor. Dr. Nicola stated it was the desire of his congregation. - 4 - The architect, Mark Fuote, 1331 Washington Boulevard, Venice, was present to answer questions from the Commission. Commissioner Pyne asked the architect why the fourth and fifth stories of the building were not stepped back. Mr. Fuote stated the concept for the building was for an uplifting feeling, therefore the sanctuary was to be high above the street. The entry is three stories high, Mr. Fuote explained, and there is a big courtyard. The building has curved corners and large opening at either end and in the middle. Commissioner Mechur commented on guidelines in the Land Use Element and Zoning Ordinance which require a set back above a certain height limit. The applicant stated that the concept was to give the street a more open feeling. Commissioner Mechur asked if there was an economic analysis done on the project stating that this building was what the church needed to build in order to survive. The applicant stated that 3.5 FAR is allowed, but would not economically work; also the current building is in need of major repairs ($1 million). Commissioner Mechur asked what would happen if there were not three levels of subterranean parking. The applicant stated first, the building would not lease and no loan would be possible because banks will not lend to a project that uses public facility parking. Additionally, the applicant stated that the building needs three cars per 1000 square feet to finance the project. Commissioner Farivar asked if the glass would be reflective. The applicant stated it would not be reflective. commissioner Farivar stated the building was tight and monolithic and asked if the sanctuary could be set back in some way to differentiate it from the rest of the building. The applicant stated that Unity is a non-traditional church, described the philosophy, and expressed the church's desire to be part of the community and surroundings. Chair Nelson asked the applicant if he was aware of the Land Use Element and Circulation Element, adopted in October 1984, prior to designing the building. The Land Use Element called for set backs above the third floor. The applicant stated that they were a mixed use building wi th retail on the ground floor I office space in the middle and the sanctuary on the top. The applicant further stated that putting the sanctuary on the top had a1 ready ha1 ved the square footage. Secondly, the top floor is 22 feet high, and would not work well for an office space. The sanctuary was designed to fulfill multi-purpose activities. Chair Nelson asked if medical/office space was planned for the building. The appl icant stated that they could not meet the parking - 5 - requirements for this. Chair Nelson asked if the applicant would object to a _ condition restricting medical/office space from the building. The applicant stated there would be no objection. Commissioner Farivar asked the applicant what the maximum occupancy on a busy Sunday would be for the sanctuary. The appl icant stated there are currently 350-400 people on a sunday and ptoject 500-700 within the next five years. Commissioner Farivar asked if the sanctuary was designed to hold that many people. The architect stated that the sanctuary is non-fixed pewed (open space) and could hold approximately 700 people. Commissioner Lambert asked about the square footage for the sanctuary. Currently the sanctuary is about 15,000 square feet. The proposed project has about 8,000 square feet. The director of Crossroads Elementary School, Joan Green, 1229 4th street, was present to voice opposition to the project. Commissioner Mechur asked Ms. Green about the usage of the Crossroads play yard located across the alley from the school. Ms. Green stated the play yard was in use every half hour from 9am-3pm, Monday through Friday; and that the children were under adult supervision at all time. commissioner Mechur asked Ms. Green about the current problems with the alley traffic for the school. Ms. Green stated that there was less of a problem with the alley than with 4th street. Commissioner Pyne asked Ms. Green her top three concerns as primary neighbor impacted by the project. Ms. Green stated her concerns as follows: (1) the traffic pattern in the alley [changing the direction of flow would not help]; (2) continuous operation of the school, specifically during construction [concern about noise, dust, debris and toxics]; and (3) request for an initial study of asbestos and toxics at the site and mitigation measures for any such problems. Chair Nelson asked about the all~y drop-off and pick-up for the children, specifically how many children came by car, on foot, or by public conveyance (bus). Ms. Green stated that all children arrive by car, mostly in carpools, and that the alley drop-off has proved less hazardous than a 4th street drop-off. Single child drop-off is done by the parent parking in the City structure and walking the child across 4th street to the school. Chair Nelson asked if the play yard was used for early arriving children. Ms. Green stated it was. Chair Nelson asked about the earliest hour for drop-off. Ms. - 6 - Green stated Sam. Chair Nelson asked how many children were involved. Ms. Green stated about 40 children were involved. Chair Nelson asked if a crossing guard was present. Ms. Green stated school personnel escort children across the alley and 4th street. Dr. Nicola was allowed three minutes for rebuttal. Commissioner Lambert asked the applicant if construction machinery would be used in the alley during construction. The applicant stated that all demolition and excavation would be done during the summer months, if possible, and the plan is to block the 4th street sidewalk for construction machinery. Commissioner Lambert asked the Traffic Engineer if a school crossing can be signalized in some way. The Traffic Engineer stated that a pedestrian signal with a flashing red light has been used as a school crossing. commissioner Lambert asked if such a signal could be installed in the alley. The Traffic Engineer stated that would not be feasible. Commissioner Farivar expressed his disappointment in the project because the proposed building goes to all property lines; has a flat, glass facade; no facade differentiation; and does not do justice to the site. commissioner Pyne asked Commissioner Farivar to state the conditions he would need for approval, Commissioner Farivar explained that staff was asking the Commission to allow an additional floor because there would be no adverse impact on the environment. However, Commissioner Farivar maintained that the project does not attempt to fit with the environment; and he would like to see an attempt to retain some of the original facade, if feasible; that the facade not be a curtain wall wrap around; and that there be a differentiation between the alley and street facades. Commissioner Lambert said the intensity of the use was only one problem. Another important problem is the safety of the children. Commissioner Mechur asked staff if the project was denied would it need to return under the new ordinance. staff stated it would. Commissioner Mechur asked if a continuation or conditional approval could be done. Staff indicated that there are only two weeks left before the application runs out under the streamlining Act, which is too short of a time for redesigning the project. Staff recommended a conditional approval for redesign. Commissioner Mechur stated that the traffic portion of the Initial study was too vague and too broad; that site issues and alley usage will impact 4th - 7 - street and the alley; that these issues are inadequately covered; that a more pedestrian scale is desired; and that no financial data was enclosed to indicate why the building was designed as it was. Commissioner Lambert made a motion to deny the application based on the fOllowing reasons: design elements, intensity, and effect on the safety of those using the alley. Commissioner Mechur seconded the motion. Commissioner Farivar asked staff if the project is denied, must it return conforming to the new zoning ordinance. staff stated it would unless it was appealed and approved by the city Council. Commissioner Farivar stated he would rather condition the approval for redesign and voice the problems with the design rather than denying it and having the possibility of it being approved, as is, by the Council. Commissioner Mechur stated the proj ect could be conditioned to meet the four story, 56 ft. height limit, conform to the Land Use Element and have it return to Planning Commission aft~r redesign. staff indicated the project would need to return in two weeks under the Streamlining Act. Commissioner Mechur stated that would be acceptable if the building was scaled down and comments were sent on to ARB. Commissioner Lambert stated concern that this was more than a design issue, but a safety issue as well. commissioner Farivar stated a desire to reduce the size of the project. Commissioner Lambert asked for the addition of the safety issue for alley access. Commissioner Farivar asked if the Traffic Engineer could address that issue in the next two weeks. commissioner Pyne stated that a reduction in size would not alter the safety issue. commissioner Lambert stated it was also the design issue in question. staff recommended that the Commission continue the proj ect for two weeks, pending staff's drafting conditions for approval. Chair Nelson stated his objections to the project as follows: (1) the project does not provide amenities as - 8 - stated in the site review criteria; (2) need to avoid excess massing on the street frontage; and (3) inadequacies in the environmental document, specifically mitigation measures, no mention of play yard or Farmer's Market, and significant alley egress problems. Chair Nelson stated the project should be denied. The motion was denying the project was approved by the following vote: AYES: Farivar, Lambert, Mechur, Nelson, pyne; ABSENT: Hecht, Kaufman. B. DR 456, CUP 521, EtA 875, 1313 Third street Promenade, C3, To construct a 32,391 square foot 1,583 seat, six-plex movie theatre on the site of the existing Criterion Theatre. The building would reach a maximum height of 56 feet with a Floor Area Ratio of 2.37. The proposal would require the demolition of the criterion Theatre but would involve the restoration of the criterion Apartment Building. A Oevelopment Review Permit is needed to construct a non-residential building greater than 15,000 sq. ft. A Conditional Use Permit is needed to permit the total number of movie theatre seats in the downtown to exceed 3500. A Negative Declaration for EIA 875 will also be considered. (This involves making a determination that the project will have no significant environmental impacts.) Following the staff report, questions were asked of staff. Chair Nelson asked that the consultant's representative come forward to answer questions on the EtA. Chair Nelson commented on the inaccurate water consumption and sewage data present in the EtA. Commissioner Farivar also noted discrepancies in the EtA regarding the traffic data and placement of the ticket booth. The applicant, william Hertz, director of marketing and public relations for the Mann Theaters represented the project. commissioner Lambert asked the applicant about the relocation of the Criterion apartment tenants during the renovation. The applicant stated the tenants had all returned to the building and the major work was complete. Mr. Hertz introduced Ed stewart, the construction director; Peter Cohen, in charge of real estate; and Jeff Cooper, the architect. commissioner Mechur asked the applicant what decision led Mann Theaters not to restore the original ticket booths. The applicant replied that the ingress/egress was not acceptable for today I s use, and that the old booth is too small for today's usage. Commissioner Mechur asked Mr. Cooper about the rooftop mechanical - 9 - -- UNITED STATES POST OFFICE " " Q -h /07--:e APR 1 1 1989 DATE Aprll 6, 1989 _~~l~=L _L-J ~ (I J :.~::- -l~ ~~ I T r~ ~ E F~ r; OUR REF LLW:hc SUBJECT Hearlng - Unity by the Sea '89 APP 10 P 2 :51 .... I .:.~;:... . . GAUr . . o TO City Council, Clty Clerk's Office 1685 Main Street, Room 102 Santa Monlca, CA 90401 ThlS post office does have a few concerns that we feel obllged to mention, They are as follows: 1) Ul11 the construction in progress seriously hamper the movement of mail vehicles in the alley? 2) Wlll the lncrease in actlvities at Unlty by the Sea--the increased movement of vehicles ln the alley--hamper the movement of mail vehicles? 3) Wlll the 92 parking spaces planned be adequate or will some visltors to Unlty by the Sea have to seek parklng 10 the alley and on postal property; a potential hinderance to the movement of the mall? ~'w~ Lincoln L. Willard Postmaster Santa Monlca. CA 90406-9998 cc: Unity by the Sea 1245 4th Street Santa ~onica. CA 90401 NCS , I' · tf!1 ,~~ eu 615 dllt~ c / ) j?Ltt~ v/ / A~~ ~ /r:;;- B A~ 1 1 1989