SR-402-001 (41)
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C/ED:PB:DKW:DM
council Mtg: August 22, 1989
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Santa Monica, California
TO: Mayor and city council
FROM: City staff
SUBJECT: Appeal of a Planning Commission Denial of Conditional
Use Permit 534 and Variance ZA 5395-Y to Allow the
Operation of an 180 Seat Restaurant and the Issuance of
a General Alcohol License to Allow On-site Consumption
at 1413 5th Street.
Applicant: Pacific Court Holdings
Appellant: Pacific Court Holdings
INTRODUCTION
This report recommends that the City council uphold the Planning
commission's denial of Conditional Use Permit 534 and Variance ZA
5395-Y to allow the operation of a 180 seat restaurant and the
issuance of a General Alcohol License to allow on-si te
consumption at 1413 5th street. The Planning Commission denied
the applicants request by a five to one vote with one
Commissioner absent. The applicant, Pacific Court Holdings, is
appealing the denial.
BACKGROUND
In November of 1983, Pacific Court Holdings obtained approval to
allow the construction of a five story mixed use project at 1413
Fifth street, adj acent to the existing Pacific Building on the
southeast corner of Fifth street and Santa Monica Boulevard. The
38,466 square foot building will contain 5,196 square feet of
retail space on the ground and mezzanine levels, 25,794 square
feet of office space on the second through fourth floors, and six
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artist studio/loft residential units on the fifth floor. One
hundred thirty six parking spaces will be provided in a three
level subterranean parking garage.
ANALYSIS
parking
The Pacific Court project is being constructed on the site of the
parking lot which had served as required parking for the adjacent
Pacific Building. Due to the fact that the project resulted in a
loss of parking for the existing building, the applicant was
required to include 28 replacement spaces within the new project.
Therefore, the total parking requirement for the Pacific Court
project is 157 spaces (129 required plus 28 replacement).
The applicant obtained approval to develop the project with only
136 parking spaces (21 fewer than required), by agreeing to lease
off site parking if the parking demand of the building exceeded
the spaces provided. The Planning commission did not specify at
the time of the approval the number of off-site spaces to be
leased. The applicant is required to enter into a five year
lease for a flexible number of spaces, with a lease option for an
additional five years. During the initial five year period, the
applicant is required to conduct a parking demand survey for the
building which is to be used as the basis for reducing or
increas ing the number of spaces the appl icant is required to
lease. At the time of the approval, the maximum number of
additional spaces would have been 21. Parking for the entire
project was calculated at a ratio of 1:300.
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The applicant's request to operate a restaurant in 4,500 square
feet of space previously approved as retail would increase
parking requirements for the subject space from l5 to 60 (from
l:300 to 1:75). This would result in an additional deficit of 45
spaces.
Alcohol License
The applicant is requesting approval of a Conditional Use Permit
to allow the issuance of an on-site general alcohol license. The
on-site license would be used in conjunction with the proposed
restaurant and would allow the operation to serve all types of
alcohol for on-site consumption. Land Use Element Policy 1.3.l
encourages the concentration of land uses and activities in the
Downtown Core which create activity in both daytime and evening
hours. The operation of a full service restaurant with alcohol
could create such an activity.
PLANNING COMMISSION ACTION
Operation of the proposed restaurant would require a Conditional
Use Permit to allow the alcohol sales and a Variance to allow for
the deficient parking. The Planning Commission denied the
applicant's request based on the lack of parking. The Planning
Commission was generally supportive of a restaurant use at the
subject location. However, due to the lack of on-site parking 1
the potential for a shortage of available parking during the
lunch time hours and the absence of any long-term arrangements to
mitigate the potential parking problem, the Planning Commission
denied the applicant's request.
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Since the Planning Commission meeting, the applicant has
attempted to secure a long term lease for the required parking
spaces. The following is a summary of each of the applicant's
proposals and staff response:
1. Lease 18 spaces on a short term basis from Henshey's
Department store during the hours of 9AM to 5PM.
Henshey's would reserve the right to cancel any lease
agreements in the event the property is sold or
redeveloped.
This option could provide a practical short term
solution to the situation. However, based on the fact
that there would be no assurance that the lease would
continue on a long term basis, approval of the
applicant's request based on this arrangement may
result in a future parking shortage.
2. Lease up to 40 spaces on a long term basis from
Cardinal Broadway Properties. Cardinal Broadway has
proposed the expansion of their existing office
development at 525 Broadway. The developer plans to
add surplus parking beyond that required for their use.
The proposed expansion is pending environmental review
and Planning commission approval. At this time, there
is no assurance of if or when the proposed expansion
will actually be built.
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3. Lease 18 spaces in the office building at 429 Santa
Monica Boulevard from Sheldon Pollock corporation.
The Sheldon Pollock Building may not actually have a
parking surplus based on current parking code
requirements. A parking analysis would be required to
determine if there is adequate parking for such an
arrangement.
The applicant has submitted letters detailing each of the options
stated above. These letters are attached.
The applicant has not submitted any new information which would
suggest that the potential for a shortage of parking has been
eliminated. Conditions under which the approval of the proposed
restaurant might be considered include the following:
1. That the restaurant not be open before 5PM.
2. That the restaurant operators secure a long term lease
(at least 5 years) for a minimum of 45 spaces. Leased
parking shall be surplus parking, not required for any
other use, and shall be available at the time that the
restaurant receives a Certificate of Occupancy.
CONCLUSION
The applicant has not submitted any new information which would
guarantee that the potential parking problems related to the
proposed restaurant have been eliminated. Staff maintains that
while the proposed restaurant use may be a positive addition to
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the downtown area, parking is not adequate to accommodate the
use.
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 deny CUP 534 and Variance ZA 5395-Y based on the findings
contained in the Planning commission statement of Official
Action.
Prepared by: David Martin, Associate Planner
D. Kenyon Webster, Principal Planner
Paul Berlant, Director of Planning
Attachments: A. Letter of Appeal dated 4/25/89
B. Planning Commission statement of Official
Action dated 4Jl2/89
c. Planning commission staff report dated 4/12/89
D. Letters regarding off-site parking arrangements
E. Project Plans
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PC/CUP534CC
08/07/89
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April 25~ 1989
Mayor Dennis Zane &
The Clty Council
City of Santa Monica
1685 Main St.
Santa Monlca. CA 90401
Re: Appeal of Plannlng Commlsslon Action
Conditional Use Permit # 534
Zoning Varlance Request ZA5395-Y
Proposed Restaurant/14l3 Fifth St.
Honorable Councllmembers:
ThlS letter 1S an appeal to the City Council to reVlew the lssues ln the
above referenced 10n1ng Varlance and Condit1onal Use Permlt submisslon
denled by the Plannlng Commlssion on April 12, 1989.
The basis for the appeal is as follows;
1) That the Planning Commission dld not give thorough enough
consideration to the mltlgatlon measures proposed by the appl1-
cant to address the parking deficiency for the project.
2) That the Planning Commlssion dld not receive a complete
explanatlon 1n the staff report address1ng the lower occupancy
rate expected for lunch versus dlnner and 1ts affect on the
required parking for the proposed restaurant.
3) That the Plannlng Commlssion d1d not place a high enough value
on the posltlve effects of the mlxed use/shared parking concept
of the project 1n promotlng the Land Use Element goal for more
evening activlty in the Downtown Core.
The applicant requests that the City Counc,l consider several potential
mitigatlon measures to address the parklng shortage for the ProJect
lncluding;
A) Approval of a reduced occupancy for the restaurant durlng lunch
from 180 seats to 100 seats. Reduced occupancy would lower the
parking reqUlrement from 60 spaces to 33 spaces resultlng in a
deficiency of 18 spaces lnstead of 45.
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506 6artta Monica Blvd 6Ult~ 400 8anta Hon\ca, CA 90401 (213) 451-8062
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Paclfic Court Holdings
Restaurant/14l3 Fifth St.
Page 2
4/25/89
B) Allow the applicant to utilize off-site parklng to provlde for
the 18 def1cient parklng spaces. Parking 1S aval1able in the
lmmediate proximity of the project slte In the 270 space
Henshey's Department Store lot directly across Fifth Street
from the proposed restaurant and in the newly expanded eight
level city operated parking structure on Fourth Street between
Broadway and Santa Monica Boulevard.
The appllcant bel1eves that the above measures wlll provlde adequate
parklng during the daytime operation of the restaurant to address the
concerns expressed by the Plannlng Commlssion and staff 1n their denial
of the Conditlonal Use Permlt and Parking Varlance and requests the
City Councll approve the proJect subject to the proposed condltlons.
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STATEMENT OF OFFICIAL ACTION
PROJECT
NUMBER: CUP 534, ZA 5395-Y
LOCATION: 1413 5th street
APPLICANT: Pacific Court Holdings
REQUEST: To permit the operation of a 4,500 square foot,
180 seat restaurant with an on-site general al-
cohol license.
PLANNING COMMISSION ACTION
4/12/89
Date.
Approved based on the following findings and
sUbject to the conditions below.
X Denied.
other.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district but does not comply with all of the ap-
plicable provisions of the "city of Santa Monica Compre-
hensive Land Use and Zoning Ordinancelt, in that on-site
parking is not adequate to accommodate the proposed use.
2. The proposed use would impair the integrity and character
of the district in which it is to be established or lo-
cated, in that parking is not adequate.
3. PUblic access to the proposed use would not be adequate,
in that there is not sufficient parking.
4. The proposed use would be detrimental to the public inter-
est, health, safety, convenience, or general welfare, in
that the project does not provide adequate parking.
VARIANCE FINDINGS
1. There are no special circumstances or exceptional charac-
teristics applicable to the property involved, including
size, shape, topography 1 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
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identical zoning classification, in that other projects
would be required to provide adequate parking.
2. The granting of such variance will be detrimental or in-
jurious to the property or improvements in the general
vicinity and district in which the property is located 1 in
that it could result in a shortage of parking in the area.
3. The strict application of the provisions of this Chapter
would not result in practical difficulties or unnecessary
hardships, not including economic difficulties or economic
hardships, in that the subject space could be utilized as
general retail space.
4. The sUbject site is not physically suitable for the pro-
posed variance 1 in that there is not adequate parking.
5. The strict application of the provisions of Chapter 10 of
the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance would not result in unreasonable deprivation of
the use or enjoyment of the property, in that the property
could be used as general retail space.
VOTE
Ayes:
Nays;
Abstain:
Absent:
Kaufman
Pyne, Lambert, Hecht, Farivar, Nelson
Mechur
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
l094.6, which provision has been adopted by the City pursuant to
Municipal Code Section 1400.
I hereby certify that this statement of Official Action accurate-
ly reflects the fin~ determination of the Planning Commission of
the city of sant~~o~ica.
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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
Print Name and Title
PC/stcup534
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04/17/89
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CITY PLANNING DIVISION
CQm~~nity and Economic Development Department
M E M 0 RAN DUM
DATE: April 12, 1989
TO: The Honorable Planning Commission
FROM: Planning staff
SUBJECT: Conditional Use Permit 534, ZA 5395-Y
Address:
Applicant:
1413 5th street
Pacific court Holdings/Don Wheeler
SUMMARY
Action: Application for a Conditional Use Permit and a Variance
to allow the operation of a 4,500 square foot, 180 seat res-
taurant with an on-site General alcohol license. This applica-
tion is being considered under the new zoning ordinance.
Recommendation: Denial
Permit streamlining Expiration Date: April 14, 1989
SITE LOCATION AND DESCRIPTION
The proposed restaurant would be located in the Pacific Court
mixed-use project currently under construction at 1412 5th
street. surrounding uses consist of general office/retail to the
north, south, east and west (C3C).
Zoning Districts: C3C
Land Use Districts: Downtown Core
Parcel Area: 100' X 150' - 15,000 square feet
PROPOSED PROJECT
The applicant is requesting approval of a Conditional Use Permit
and a Parking Variance to allow the operation of a 4,500 square
foot, 180 seat, full service restaurant. The restaurant would be
located on the ground and mezzanine levels and would include a
small stage for dancing and entertainment. The applicant is also
requesting approval to allow an on-site general alcohol license.
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MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is inconsistent with the Municipal Code and
in conformity with the General Plan as shown in Attachment A.
CEQA STATUS
The project is categorically exempt per City of Santa Monica
Guidelines for Implementation of CEQA, Class 1(1).
FEES
The project is not subject to any development fees.
ANALYSIS
In November of 1983, Pacific Court Holdings obtained approval to
construct a five story mixed use project at 1413 Fifth Street,
adjacent to the existing Pacific Building on the southeast corner
of Fifth street and Santa Monica Boulevard. The 38,466 square
foot building will contain 5,196 square feet of retail space on
the ground and mezzanine levels, 25,794 square feet of office
space on the second through fourth floors, and six artist studio/
loft residential units on the fifth floor. One hundred thirty
six parking spaces will be provided in a three level subterranean
parking garage.
Parking
The Pacific Court project ~s being constructed on the site of the
parking lot which had served as required parking for the adjacent
Pacific Building. Due to the fact that the project resulted in a
loss of parking for the existing building, the applicant was re-
quired to include 28 replacement spaces within the new project.
Therefore, total parking requirements for the Pacific Court proj-
ect is l57 spaces (129 required plus 28 replacement).
The applicant obtained approval to develop the project with only
136 parking spaces (21 fewer than required) 1 by agreeing to lease
off site parking if the parking demand of the building exceeded
the spaces provided. The Planning commission did not specify the
number of off-site spaces to be provided. The applicant is re-
quired to enter into a five year lease for a flexible number of
spaces, with a lease option for an additional five years. During
the initial five year period the applicant is required to conduct
a parking demand survey for the building which is to be used as
the basis for reducing or increasing the number of spaces the
applicant is required to lease. At the time of the approval, the
maximum number of additional spaces would have been 21. Parking
for the entire project was calculated at a ratio of 1:300.
The applicant's request to operate a restaurant in 4,500 square
feet of space previously approved as retail would increase park-
ing requirements for the subject space from 15 to 60 (from 1:300
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to 1 : 75) .
spaces.
The applicant has conducted a survey at three downtown res-
taurants in order to gather information regarding the number of
patrons who walk to the restaurant compared to the number who
drive. The survey was conducted at The Bellevue Restaurant 1
Teaser's Restaurant and City of Angeles Restaurant. Information
gathered over a three day period in mid January indicates that
from 32% to 85% of the customers walked to the restaurants. The
wide variation can be attributed to the fact that the three res-
taurants are located in different types of locations. Teaser's
Restaurant, which showed the highest percentage of walk-in traf-
fic (85%), is located on the Third street Promenade where it may
be inconvenient to drive and park. The Belle-Vue, on the other
hand, which showed the lowest percentage of walk-in traffic
(32%), is located adjacent to a parking lot where parking is
usually available. The applicant's survey information is at-
tached for review.
This would result in an add! tional deficit of 45
In order to compensate for the lack of available parking, the
applicant has proposed the use of tandem parking and a valet ser-
vice. However, staff has not received a tandem parking plan ap-
proved by the City Parking and Traffic Engineer.
While the project is mixed-use and located in the downtown area,
it does not appear that there would be enough shared parking and
walk-in traffic to compensate for a 45 space deficit. Further-
more, the project is already going to be operating with 21 fewer
on-site spaces than required by ~ode.
Alcohol License
The applicant is requesting approval of a Conditional Use Permit
to allow the issuance of an on-site general alcohol license. The
on-site license would be used in conjunction with the proposed
restaurant and would allow the operation to serve all types of
alcohol for on-site consumption. Land Use Element Policy 1.3.1
encourages the concentration of land uses and activities in the
Downtown Core which create activity in both daytime and evening
hours. The operation of a full service restaurant with alcohol
could create such an activity.
Within a 500' radius of the site, there are six restaurant with
on-site beer and wine licenses, two restaurants with general al-
cohol licenses and one retail store with an off-site alcohol
license. Based on the 1980 census 1 there is a residential
population of 154 persons within a 500' radius of the project.
CONCLUSION
Based on land use, the proposed restaurant could be a positive
addition to the Downtown area. However 1 parking is not adequate
to accommodate the use, and sufficient information has not been
submitted to demonstrate either a hardship or a reduction in
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parking requirements and therefore justify the granting of a
parking variance.
RECOMMENDATION
It is recommended that the Planning commission deny Conditional
Use Permit 534 and ZA 539S-Y based on the following findings:
CONDITIONAL USE PERMIT FINDINGS
l. The proposed use is one conditionally permitted within the
subject district but does not comply with all of the ap-
plicable provisions of the ItCity of Santa Monica Compre-
hensive Land Use and Zoning Ordinance", in that on-site
parking is not adequate to accommodate the proposed use.
2. The proposed use would impair the integrity and character
of the district in which it is to be established or 10-
cated, in that parking is not adequate.
3. Public access to the proposed use would not be adequate 1
in that there is not sufficient parking.
4. The proposed use would be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the project does not provide adequate parking.
VARIANCE FINDINGS
1. There are no special circumstanc'~ or exceptional charac-
teristics applicable to the pro! :ty 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 other projects
would be required to provide adequate parking.
2. The granting of such variance will be detrimental or in-
jurious to the property or improvements in the general
vicinity and district in which the property is located, in
that it could result in a shortage of parking in the area.
3. The strict application of the provisions of this Chapter
would not result in practical difficulties or unnecessary
hardships, not including economic difficulties or economic
hardships, in that the subject space could be utilized as
general retail space.
4. The subject site is not physically suitable for the pro-
posed variance, in that there is not adequate parking.
5. The strict application of the provisions of Chapter 10 of
the City of Santa Monica Comprehensive Land Use and zoning
Ordinance would not result in unreasonable deprivation of
the use or enjoyment of the property, in that the property
could be used as general retail space.
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Prepared by: David Martin, Assistant Planner
Attachments: 1. Alcohol License Map
2. Letter from applicant dated February 23, 1989
3. project Plans
PC/CUP534
DM
04/05/89
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ATTACHMENT A
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MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Land Use
Category Municipal Code Element
Permitted Use Restaurant Restaurant
Parking
l:300 - 60
spaces
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project
Restaurant
15 spaces
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Alcohol Licenses within a 500' Radius of 1413 Fifth street
Type ~l License (on-sale
Beer and wine from Bona
Fide Eating Place):
401 Santa Monica Blvd.
411 Santa Monica Blvd.
504 Santa Monica Blvd.
516 Santa Monica Blvd.
606 santa Monica Blvd.
Type 47 License (on-sale
General for Bona Fide Eating
Place):
502 Santa Monica Blvd.
623 Santa Monica Blvd.
Type 20 License (off-site
beer and wine) :
402 santa Monica Blvd.
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*Information obtained from the Department of Alcohol Beverage
control List of Active Licenses in the city of Santa Monica as of
April 6, 1988.
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February 23, 1989
CITY OF SANTA MONICA
Plann1ng and Zoning Department
RE: Proposed Restaurant
Pacific Court
1413 Fifth Street
Cup 534
ZA 5395Y
ThiS out11ne is a supplement to the information conta1ned 1n the or1ginal
subm1ss10n on the above project. Included with the outline is a survey and
analys1s of luncht1me act1vity at three restaurants 1n the downtown core
of Santa Mon1ca during a three day period from January 18-20th, 1989.
The purpose of the survey was to provide a baS1S on WhiCh to estimate the
actual restaurant parklng demand for thiS period.
The survey 1nvolved asking patrons enter1ng the restaurant whether they
had walked or driven to the restaurant. USing average factors for the three
restaurants, as outl ined in the attached summery, the analySiS suggests that
a 180 seat restaurant would generate a demand for park1ng for 55 vehicles
at 100% occupancy. Urban Land Use Institute studies and informal telephone
pol11ng of a number of local restaurants ind1cates that actual occupancy
dur1ng lunch 1S at maXimum, except for isolated 1nstances, 70 to 80% of
d1nner occupancy. ThiS use factor also coincides With the statistics gathered
durlng the survey period which showed a maXimum occupancy of 70% on the
highest use day.
The above percentages if appl1ed to a 180 seat restaurant would result 1n
a proJected use of 125-140 seats With a demand for 38-44 parklng spaces at
expected peak occupancy. The space occupied by the restaurant has 15 spaces
alloted to it based on retail use resulting in a parklng def1clency during
the peak lunch use of 23-29 spaces for a period of l~ to 2 hours.
In order to prov1de for the defiCiency, it is proposed that valet par~lng
be ut111zed and tandem parking used to generate an add1tional 25-28 spaces
during th1S per1od.The' accompanying plans 1ndicate where the tandem spaces
would be accomodated wlthin the eXisting 135 space parking garage.
506 canla .~lonlCB. Blvd <Sulle 400 <Sanla Monica CA 90401 (213) 451-8062
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Page 2
In addltion to the parking prov1ded In the bu,ldlng there are several
offslte parking optlons available to the general pub11c 1n the area.
D1rectly across Flfth St. to the west of the bUlld,ng 15 a 270 car surface
lot with valIdated parking for Henshey's Department Store. The lot offers
1 hour free parking to the general publlC with no va11dat10n requ1rement
and pa1d public parking at a fare of .75~ per hour beyond the first hour.
Add1tlonally, Execut1ve Auto Park, the operator of the lot, offers monthly
parklng books at a rate of $2.25/day to employees ln the area. Over the
past year during constructlon of Pacific Court the tenants of the eXlst,ng
Pacific Bu,ld,ng, whose parking was lost during construct1on, have leased
approx1mately 15-20 spaces per month from Execut1ve Auto Park. It 1S expected
that these spaces wlll provlde the fleXible number of offs1te spaces, (not
to exceed 21) required to be leased ln the or1ginal PlannIng Commlslon
approval of the project due to the add,tion of the 6 resident1al studios.
Also near the slte are two 6 story off1ce bU11dlngs at the northwest and
northeast corners of F,fth St. and Santa Monica Blvd. The Century Federal
Build1ng. at 501 Santa Monlca Blvd. has consistently had a surplus of parking
spaces during the past e1ght years. Tenants 1n the Pac,flc BUlldlng have
leased an average of 4-6 spaces per month at thlS locat1on. Informal surveys
of both of the above bUildings also show that a substantial number of spaces,
(up to 40%), 1n these bUlldings are vacant dur1ng the lunch perlod. These
statstlcs suggest that 1n general a slgnlf1cant number of offlce bUilding
occupants are out of the bUlld1ng dur1ng lunch WhlCh results ln a short term
park1ng surplus dur1ng thlS per10d.
In summary we belleve that the above analysls lnd,cates that the parklng needs
of the proposed restaurant can be accomodated dur1ng the lunch perlod w1th
no adverse lmpact on the parking demand 1n the general area.
As a clos1ng comment we would like to reiterate our belief that the proposed
restaurant wlll relnforce the IImlxed-use" concept of the bUlld,ng by generat1ng
more use 1n the evening hours and contr1bute to the Clty'S obJectlve for In-
creas1ng evening and weekend act1vlty 1n the downtown core. The restaurant will
also help to create a publlC awareness of the Courtyard and COlTllIumty Gallery
space ln the proJect. which are planned to be used for meetlngs, exh1blts
and special events, by pr1vate parties and non-proflt groups.
DW!ms
e
e
.
SPIESS/WHEELER
" L ;~, I' ".
GREG SPiESS A,IA
DO~~ 'vVHEELE:R AlA
P;T~ON/PARKING RATIO SURVEY TOTALS January 1989
WED 1/18 THU 1/19 FRI 1/20 TOTAL
62 67 73 202
BELLE-VUE
'X. Walk (23) 37% ( 16 ) 24% (25) 34% (54) 32%
% On ve (39) 63% ( 51) 76% (48 ) 66% ( 138 ) 68%
TEASERS 157 124 179 460
% Walk ( 146 ) 91% (105) 84% (144) 80% (391 ) 85%
% Dn ve ( 15) 9% ( 19 16% ( 35) 20% {59} 15%
C ITV OF 36 77 105 218
ANGELS
% Willk ( 18 ) 50% ( 41 ) 53% (60) 57% (119) 55%
% On ve ( 18) 50% (36) 47% (45) 43% (99 ) 45%
TOT AL 258 265 357 880
% Walk ('\86) 72% (159) 60% I (229) 64% (574) 65%
% On ve (72) 28% ( 106 ) 40% ( 128) 36% (306) 35%
.6. '{ :: r i TEe T U P E t-, i< 3 A. \; DES c;.\ . f\, T E R . 0 R :; ~ A \J '\ I r.' G
5 D::. S c: 'I · C L/ ere 0 E I v c S' e 2 2 2 S 0 r. t ''J 1\;1 C ;"' Ie 0 C ,:0., 0 C 4J' l 2 ~ 3' .) ').:1 'JJ 2- .
f\lCilk COllrlltlldio85
~q:I
Jul y 26. 1989
Elleen Pollack Erlckson
Sheldon L. Pollack Corp.
429 Santa MonIca Blvd.
Santa Monlca. CA 90401
Dear Ell een.
It was a pleasure to meet WIth Shelly and yourself on Fr1day
to d1SCUSS our mutual concerns and Interests as property
owners In downtown Santa MonIca. We were also glad to hear
that your ground floor nIghtclub tenant receIved approval from
the CIty for a shared use parkIng permIt.
As we explaIned at our lunch meet1ng. we have a hlgh qualltv
restaurant that wants the ground floor retall space 1n our
development. However. we face a dIlemma sIm1lar to your
build1ng In that we don.t have adequate parkIng to satIsfv the
zon1ng reqUIrements for a rEstaurant durIng the daytIme. To
address thIS Issue, we have cont2cted several property owners
In the area to lease cffsIte parkIng to satIsfv the CIty
reqUIrements. Addltlonallv, we have proposed a reduced
restaurant capacltv at lunch to decrease the parking requl~ed.
As now p~oposed the restaurant would have a capaCIty of 100
seats at lun~h whlch requires 33 pa~klng spaces. Presently
our bUildIng has 15 spaces allocated to thIS area which leaves
us 18 spaces short of the zonIng requirement.
Our apprDach so far has been to negotiate With the develope~s
of a new project planned for Sixth Street for up to 40 spaces
on a long term baSIS. Slnce this project Will probably take
about two years to complete. we also have negotiated With
Henshey's Department Store ~o lease spaces In theIr surface
lot. Henshey's has been very supportive of our plight.
however. Slnce they are cD~templatlng developIng their
property. they were not WIlling to commIt to any longer term.
WhIle these arrangements appear to meet our needs there are no
guar~ntees that all WIll wor~ as planned so we are Interested
In mak1ng addItIonal arrangements to cover ourselves. When we
became aware recently that you had plans for an evenIng only
use on your ground floor and therefore have a 21 space surplus
durlng the daytime our l~terest was pea~ed, to say the least.
Accordlnglv. we are obVIously very Interested In any potentIal
opportunIty to lease these spaces durIng the day when your
tenant IS not operatIng and propose the foIlowlog cond1tlons.
506 <Santa Hontcl:I Blvd outlc 400 0anta Honlc6 CA 90401 ('213) 451-806'2
'f"_
1. That PacIfIc Court HoldIngs be allowed to lease a flexIble
number of ~paces up to 21 during the hours from 9AM to 5PM
for a term of fIve years concurrent WIth Your ground floor
users lease.
2. Rates for parkIng WIll be based on prevaIlIng charges in
the bUIldIng at the tIme the space IS leased.
3~ Tha~ the park~ng spaces WIll be unreserved unless agreed
to othervHse.
4. Other speCIfIc Issues cOhcernIng IlmIt~tIons and
procedures WIll be negotIated at a later date.
If you are open to thIS form of arrangement, we would suggest
that thIS letter constltute an agreement of Intent to
negotIate a lease at the tImE the restaurant 15 completed
whIch WIll probablv be from nIne months to a year from now.
Enclosed for your refereence are caples of the letters of
understandIng we"ve sent to the two property owners mentIoned
above. As we stated the other day. we don"t expect to need
the spaces In your bUIldIng but for added Insurance we would
appr~cIate haVIng a back-up POSItIon. We thank you for your
consideratIon In thlS matter and look forward to tal~Ing WIth
you further.
SIncerel y,
1l~___~_______
Accepted:
Norman Cohen
PaCIfIC CDurt HoldIngs Inc.
EIleen Pollae~ ErIckson
Sheldon L. Pollack Corp.
,
t )aciJic Court lloldinos
D~~
· 'il
CARDINAL BROADWAY PROPERTIES INC.
5~5 Broad~'la'./
Santa Monied. CA 90401
Attn: JOE Crall
Re: Par~lng Agreement- Western Mutual Pla=a
6th ~ Broadway. Santa MonIca. CA
Dear Joe:
We enjoyed meetIng WIth you recently to dISCUSS your plans to
expand development on your property and construct a new bUIldIng
WIth underground parkIng. As we understand from Qur dISCUSSIon
your plans are to construct 40 more parkIng spaces than the zoning
code reqUIres for the amount of office space vou plan to bUIld.
It IS also our understandIng that you wDuld be amenable to the
optIon of leaSIng the addItIonal spaces to other bUildIngs In the
area.
As you know we are In the process of leaSing our prOject at 5th
Street and Santa Monica Blvd. and have a very high quality
restaurant Interested In the retaIl portIon of the proJect.
Unfortunately. we do not have adequate parkIng dut-lng the daytIme
for restaur~nt use and are loo~ing for off SIte options. We are
seriously Interested In arrangIng a long-term agreement for the
optIon of leaSIng a fleXIble number of spac~5 In your new prOjEct
up to s maVlffium of 40 spaces. As discussed. we are open to
negotatlon on the cost of leaSIng these spaces and would suggest
baSIng It on the prevaIlIng rate for SimIlar parkIng In the area
at the tIme your prOject 15 completed. It 15 our understanding
that the PrOJEct has been submitted to the CItv and a prelimInary
review IS In process. It IS also our understanding that the
prOjEcted occupancy for the proJect IS earlv 199~. allOWIng
approxImately ~O months to complete plannIng and construction.
We understand It IS unreasonable to slqn an actual lease agreement
at thIS early stage. however.ln order to conform to the CIty of
Santa MonIca reqUIrements of approval for the project we must have
some form of agreement for a long term lease for Off-Site parkIng.
It IS. therefore. our suggestion that thIS letter constitute an
agreement of lntent between partIes to cooperatIvely negotIate a
lease at suc~ tIme as the project IS approved for occupancy.
506 &anta MonIca Blvd Butle 400 0anta Montca CA 90401 ('213) 451-806'2
Page 2
The PI~oPQsed lease aqr~ement to be negotIated between PacIfIC
Court HoldIngs Inc. and CardInal 8ro~d~ay ProperItes Inc. shall
Incorporate the follOWIng pOInts of understandIng.
1. PaCIfIC Court HoldIngs shall have fIrst rIght of rental on up
to 40 spaces aft~r the needs of the bUIldIng tenants are met.
2. Rates for monthly parkIng WIll be based on the prevaIlIng
charges In the area at the tIme the lease IS SIgned. rate
Increase terms to be agreed upon.
~. Term of lease WIll be fIve years WIth an optIon to renew for
fIve addItIonal years.
4. CardInal Broadway PropertIes retaIns the rIght to lease to
others any of the 40 fleXIble spaces not actually utIlIzed by
PaCIfIC Court HoldIngs.
5. Parklng spaces to be unreserved unless agreed to otherWIse.
6. Other speCIfIC Issues concernIng lImItatIons and procedures
WIll be negotIated at a later date.
If you are In agreement WIth thIS prDposal~ please SIgn below and
return one copy to us We look forward to a mutually beneflClal
agreement and hope your proJect prQc~eds smoothly.
~~------- ~
Acc~pted:
--ed
Norman Cohen
PacIflc Court HoldIngs
Crall
ardInal/8roadway Prop. Inc.
l~~
E\:eCl/tll'e Parkmg Inc
ilalUIC!C1'11l!111 E-
''''''lIlfl''!!
August 1, 1989
Mr~ Don Wheeler
- Pac~fic Court Holdings
506 Santa Monica Blvd., Ste. #400
Santa Mon~ca, CA 90401
Dear Mr. Wheeler:
We are writing in response to your letter of 6/21/89 to
Henshey r s Department Store regarding the leasing of parking
spaces ~n their parking lot on 5th Street. The management of
Henshey r s has l.ndicated their approval of your request to
lease, on a monthly basis, 18 parking spaces for use by the
tenants of Pacific Court.
It is understood that the lease agreement will be for a
maximum of 30 months at which time permanent off-site parking
to be leased by Pacif~c Court is expected to be completed.
It is also understood that the lease will be subject to the
cond~tions stated l.n your letter af 6/21/89 to Henshey's.
Terms and candltions of the lease wlll be negotlated prior to
final completion of the restaurant at Pacific Court.
We trust that these conditl.ons will satisfy the City's
parking requirements for your restaurant tenant and look
forward to continuing our cooperative relationship.
SinCm~
Mike sp~o'"
Director of Business Development
MSjds
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