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SR-402-010 (15) fc;z / 0/0 12-8 SEP 1 2 1989 ... CjED:PB:DKW:LM Council Mtg: September 12, 1989 Santa Monica, California TO: Mayor and city Council FROM: city staff SUBJECT: Appeal of Planning commission Approval of Development Review 468, Conditional Use Permits 524 and 528, ZA 5382-Y and 5382A-Y, Tentative Tract Map 46411 and EIA 878 for a 4-story, 47,990 Square Foot Office Building and 2-Story Plus Loft, Seven Unit Condominium to be Located at 2919-2923 Wilshire Boulevard. Applicant: Jovet, Inc. Appellant: conrad Meli11i for Mid-City Neighbors. INTRODUCTION This report recommends that the city Council deny the appeal, and uphold the planning Commission's approval of DR 468, CUP 524 and 528, ZA 5382-Y and 5382A-Y, TTM 46411 and EIA 878 for a 4-story, 47,990 square foot office building and 2-story plus 10ft, seven unit condominium. The Planning commission approved the project by a 5-1 vote on May 24, 1989. Conrad M. Melilli, for Mid-City Neighbors, is appealing that decision (Attachment A) . BACKGROUND The 4-storyj501, 47,990 square foot office building is proposed for a 22,100 square foot parcel located on the northwest corner of Stanford street and Wilshire Boulevard. The site is located in the C4 zoning district and the Wilshire Corridor General Plan Land Use District. The 2-story + loft/3D I, seven uni t condominium is proposed for the adjacent 10,200 square foot 12-~ SEP 1 2 19&9 - 1 - ........ ,. parcel. The site is located in the R2A zoning district and Low Density Residential General Plan Land Use District. As designed, the 4-story office building will reach a height of 50', and will be constructed over a two level subterranean garage that will accommodate 178 cars. The subterranean garage will encroach into the adjacent R2A zoned parcel, under the proposed seven unit condominium. Access to the subterranean garage will be taken from wilshire Boulevard, and access to two loading spaces and trash bins will be taken from stanford street. The proposed condominium will be constructed on the adjacent R2A zoned parcel located directly to the north of the commercial site. Subterranean parking for 14 cars will be provided, with access taken off of Stanford street. A more detailed description of the commercial and residential proj ects may be found in the Planning Commission staff report dated May 17, 1989 (Attachment B) . The subject proposal appeared before the planning commission on two separate occasions. At the January 25, 1989 Planning Commission meeting, concerns were raised regarding proposed traffic mitigation measures, and the building's design. At the commission's request, an addendum to the EIR was subsequently prepared to review additional traffic mitigation measures, and the building was redesigned. On May 24, 1989 the Planning Commission approved the revised proposal and certified the EIR and Addendum to EIR by a vete of 5-1 (Attachment C). - 2 - .. ANALYSIS The proposed 4-story/50', 47,990 square foot office building, and 7-unit condominium are being reviewed under the previous zoning ordinance in that the applications for development were deemed complete prior to April 29, 1988 (the deadline imposed under Ordinance 1441). The General Plan Land Use and Circulation Element, Policy 1.6.1, permits a maximum FAR of 2.5, or 3.0 with site review, and a maximum height of 4 stories/56', or 6 stories/84' with site review. The subject proposal has an FAR of 2.17 and a maximum height of 4 stories/50'. At the time the application for development of the office building was submitted, the previous zoning ordinance did not permit the use of compact parking spaces. A variance was granted by the Planning commission to allow 40% of the required parking spaces to be compact spaces. It had been ci ty pol icy for a number of years to permit 40% of the total number of parking spaces to be compact. The new zoning ordinance permits this by right. A conditional use permit was granted to allow the subterranean garage for the office building to encroach into the adjacent residential district, under the proposed condominium. A variance was also granted to permit a 4' unexcavated side yard to not be provided along one side property line of the residentially zoned parcel. The subterranean garage for the office building extends - 3 - to within 6" of the northern property line of the R2A zoned parcel, thereby precluding a fully unexcavated side yard. A planting area 7'-6" wide and 8'-0" deep is, however, available. General Plan Land Use Element Policy 3.2.1. states that "allowable height limits for commercial and industrial uses should step down, or otherwise relate to the height limit of the adjacent residential zone, to reduce visual intrusion, shading and scale incongruity". Furthermore, Policy 3.2.2 states that "where com- mercial uses abut residential uses, there should be an appropri- ate transition such as a landscaped setback, or service alley and screen wall". The subject proposal does provide a transition between the Wil- shire Corridor and the R2, mUlti-family residential, district to the north. The third and fourth floors of the proposed off ice building are each stepped back approximately 7.5' along the northern elevation. In addition, a portion of the building's eastern elevation is set back from the property line in a "saw tooth II fashion creating an additional landscape area. The saw tooth pattern is carried through the first and second floors of the building's eastern elevation, with the third floor stepping back 7.5' in a similar manner. The fourth floor of the eastern elevation is then further stepped back making use of a circular design element. All terraces created as a result of the step- backs are proposed to be landscaped. By stepping the third and fourth floors of the office building back, and proposing exten- sive landscape planters, the visual impact of the office building should be lessened. The use of a 20' service alley adjacent to - 4 - the R2A zoned parcel should further mitigate the impact of the office building on adjacent residences. In addition, the Plan- ning commission required, as a condition of approval, that the fourth floor of the office building be stepped back an additional 3' along the Wilshire Boulevard (southern) elevation. General Plan Circulation Element Policy 4.3.7 states that "new driveways and mid-block access points shall be limited, especial- ly along major roads.1t Policies 4.2.2 and 4.2.3 of the Circula- tion Element, however, direct that access points be located in such a way as to minimize traffic utilization of local residen- tial streets. Access to the proposed subterranean garage would be taken from Wilshire Boulevard in this case. By taking access to the subterranean garage from wilshire Boulevard, instead of stanford Street, which is predominately residential in nature, the potential intrusion of commercial traffic into a residential neighborhood is limited. The proposed 47,990 square foot office building would require a total of 160 parking spaces. A total of 178 parking spaces are provided, including 49 compact parking spaces and 5 handicapped spaces. Two loading spaces are required, and two are proposed. The proposal to extend the subterranean garage into the adjacent residential district will not effect the overall height of the proposed condominium, and will be wholly subterranean as defined in the municipal code. The R2A portion of the site has an average natural grade of 226.75' (mean sea level, msl) as mea- sured from the four corners of the building, and the finished - 5 - first floor of the condominium is at 229.75' (msl). The subter- ranean parking for the condominium and commercial building is, therefore, considered to be completely subterranean. (A three foot above grade allowance is permitted per the Zoning ordinance.) The Environmental Impact Report analyzed various areas of poten- tial project-related impact, including: land use, traffic and circulation, noise, shadows, sewer service and neighborhood ef- fects. The EIR determined that no long-term significant impacts would result from the proj ect. The EIR proposed a number of mitigation measures. These have been included in the list of recommended conditions of approval for the project. The following five intersections were analyzed in the EIR to determine detailed level of service and volume/capacity (VjC) ratios during the morning and evening peak hours in accordance with the Critical Movement Analysis method of intersection capacity analysis: Wilshire Boulevard and Berkeley street Wilshire BOUlevard and Yale Street Santa Monica Boulevard and Yale street Colorado Avenue and stewart street Wilshire Boulevard and 26th street The analysis estimated that a 49J380 square foot office building (47,990 sq. ft. is now proposed) and seven townhouse units would generate 120 vehicle trips during the a.m. peak hour, 120 vehicle trips during the p.m. peak hour, and 850 average daily trips. - 6 - The city defines a significant traffic impact as one which results in an increase of 0.02 or greater in the V/C ratio of an intersection when that intersection is projected to operate at a level of service of E or F. As shown in Table S of the Addendum to the EIR (Attachment G), an all office scenario of 49,380 square feet would not significantly impact any of the intersections studied. The proposed two story + 10ft/3D', seven unit condominium meets all applicable planning and zoning requirements. All units will be configured as townhomes, each with two bedrooms, two bath- rooms, a loft and roof deck. Access to the units will be avail- able from the subterranean garage by individual stairway, and by a ground level walkway located along the building's northern elevation. All units will have approximately 2,100 square feet of floor area. APPEAL ANALYSIS According to the letter of appeal filed June 6, 1989, the follow- ing concerns were raised as the basis for appeal (staff responses are provided to each statement): 1. liThe variance for parking under the residentially zoned por- tion of the site should not be granted." A Conditional Use Permit was specifically requested, and subsequently approved by the Planning Commission, to permit the subterranean garage for the commercial building to en- croach into the residential district. Under the previous - 7 - zoning ordinance, specifically SMMC 9l48A, a commercial use may extend into a multiple residential district provided specific conditions are met. The subject proposal meets all those conditions (see page 5, paragraph 2 of Attachment B). 2. "There should be six feet or more between residential and commercial. II The commercial building exceeds the required rear yard set- back of 18.6' with a 20' setback from the rear property line. The residential condominium provides the minimum required side yard setbacks of 7.5' along both side property lines. A total distance of 27.5 I separates the commercial building from the residential condominium. 3. IIYale and Wilshire already [have] an ItF" rating, and there- fore, this project should be reduced by 50%". The Amended Traffic and circulation Analysis indicates that under cumulative base conditions, four of the five intersec- tions studied have a Level of service (LOS) of "F" during the pm peak hour. The project does not increase the volume to capacity ratio by more than 2% at those intersections, there- fore, no significant impacts directly result from the project. 4. IIThere should also be setbacks, and not over three stories." The commercial and residential components meet or exceed all required setbacks. In addition, the commercial building has additional stepbacks along the third and fourth floors of the - 8 - northern and eastern elevations, and along the fourth floor or the southern elevation. The building is allowed to reach a maximum height of 4 stories/56', and with site review, 6 storieS/84t. The proposed commercial building meets the code requirements in effect at the time the application was deemed complete, with a maximum height of 4 stories/Sot. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the Council deny the appeal and uphold the decision of the Planning Commission to approve Development Review 468, Conditional Use Permits 524 and 528 ZA 5382-Y and 5382A-Y, Tentative Tract Map 46411 and Certify EIA 878 with the findings and conditions contained in the May 24, 1989 Planning Commission statement of Official Action. Attachments: A. Appeal Letter dated June 6, 1989 B. Planning Commission staff Report dated May 17, 1989 c. Planning Commission statement of Official Action dated May 24, 1989 D. City council Resolution Certifying EIR E. Correspondence F. Project Plans G. Final EIR and Addendum to EIR Prepared by: Larry Miner, Associate Planner D. Kenyon Webster, Principal Planner Paul Berlant, Director of Planning LM PC/DR468CC 09/06/89 - 9 - :ITY CF S' C!lv r, ' I..... UJ ~t I I,) ( p ii [ \ ", I .lJ TTf'L f-" .'-i2J'.l T A j (uy of Santa Monica Community and EconomIc Developmenr Department Planning and Zoning Division (213) 458-8341 APPEAL FOAM j~k;,U\."1 zj. 'JI ~ !/ L. , ~ -09 ",- uwr: -t ? 1 ':.7 , /' i/."! I' ~ i ----- ; ~ Dale Filed , - c. ~ 'i i Received by ~. }vt, ,~~ Receipt No Ic..- I tf ;-.? Jj -A f-/cl"'(.4 ,1....../10 (";(-(~" Ilcr > Namtl -'/;/-1 (,- , (Vi: {-HI.>.,:" ~ Address 2 () { '7 I 't 7/~ 5.: 'I" t/" ,c r ~ p N 7#' /'I N./ (,-,4 . (~Il </ p .;."' :;.- Contact Person ('c:J/'/(Z/J-c; 1'1. 1'-1/Ef-./{'~/ Phone :3 '/6 ::.,-~:2- L~'1) ~s Z-I/,> I (-'ne FEE: $1 ()I'I 00 Please descnbe the prOject and deCISIOn to be ap~aled ~ 5' ?~,,/ .." C' r-r: (~, 13 v, ..... u ",J <. /J-.J 'J '7 ,-',<, 7 ('CN,') (~ f"" 'p r"''"".//o-.,l''",... /'AR>e:/,./,__ (/.' Il/.?';../II#{; r:'{f' I 7'f""vE. c; '7 !c;.( SO .t=7 Case Number jJ R... q. b d-'" AcldreiS- 2 ? 17 - 2. '1:z. ~ ApplIcant 'T co ,-I E 7 g I tJ C.- Onglnal heating date ?- "t' M ,4.., Onglnal actIOn /f"'hIU....."'..... c;/, L ~ ~ rrt. E /.} l v/' " <;~(fT". rlONd~ (/1 70"i""o- (9~7' Please slate ltIespecJflc reason(s) for the appeal 7IJ~ vr':..IJIINte 1'0.,)"- !/M/ONc..- V~'3h /If..jI/J./''/7/1'.I(.(.v 'I C!'"'i:.I<"J ;JM'<'P/J e'J= "rPk (',TIt ;:~cv~J) 1'07 /],z (..~('h"/7',,,.....)_T"'/IL:'l.R. >/-'0''-'.:1 c /,. """U~'" (Je S/" rliC7 I}.I,.''T"WII-I{P ('o,.,,..,ql/"<'.~ .-,IJ "Lvs'.I.lVI'I?'''~<'' 7P'-fl. ('T/~'J l~,:~'d.,(,. I ~...;''F'' ;'2"7//'-1'6- ,I'F""-'3 T/./~'llll r:",l -r'#,~ ///lo..rq("T $/-"0",-,->, fi (.-<.-;2.4 p, '.v I ( (?f[ f21j'Llvt-~1'J ~y ,,"7 5~ "7 13 P <'1' 5 ffl'''j ('1"7 LC~~7 s-o~ f,P~~/"l'l 5rc.Ji..F_E' ,,4-f....- s e J] 1!. \ Of/lz';t fl9';L~ tL 5 TC/,l-IIl$ 1 ~--,~. - - ~needed.US8backOflorm Stgnature - ,(r) 1./1A "'1 L7 _ Date _? .Tv '" ~ (7 g { L--"""" ~ - SInII Manica rAlnlclpal Cade 1 I ! i 5.......~.aj:-!Sr 'CL. AppIIII. Sect~ 9':!~. Appeal at actIan. 13} ""Y ;leI'SC~ -.ay ~ a ellasa'. of... z.."1III'G Adm.rIS"Ja'or ~ ItII P'~ Ccdr'1','SSICIf'I. A:i8cs:cn of It'e j)'ar~.nc; Ccrr"'l$c" Qr. such appeal So"1ll be 5nal a."d "'Ot s-.l),eCt :c Ilthr ~ II) :'II c.:y C~...ci :i A:'~ j)er5Clr'l .... ay di)CIeal an ~ dE=s.o'\ 0' the p .a:'..~ CQrr,;;oISSUX' ID l."e C':'i ~lJICl. .C: C''l2 3n a:lpeaJ 1& lied. hi appeIaIB bDd't Tal reVll!* a.-.:: :a,,,,e 2C~~ or. all ae!er:':l.r.a:l~S, rler.rel2bOns. ot'QSICI'S uaa....po"...., Srn:1Iar iICIOIlS rak8n 'lfhlCl W8I8 r.lhe i>JlfVI O':r--e CrlQlr.al :lear:.ng ~ en the i!~~"='i.:Q c;r pc;ee i"l(l 5 . ICE .::'II!ed II) any ,. QI91II reasor S:'".::1 'or ItaII apgeai 5ac:cr. S1.:~ l Filln; aI Appeals. Ii: .~GIS V.a:: bit messec 10 the a:xJe.ale:XX:, ~ d "C:-r. ;:resalooc t=y:roe a.".'lC1 A(lr:I"Is:ratJr JUs..am:~ :"lfI SI.ct.aptBl' ~OJ. The appeI1arn sI'Iafi s:all :\"Ie spechc .i!!s:ns. 'cr 1le ~!t:., 01 t'1e a~ :=, An agpeal;)' a Zorq Adrrlr1lStrarcr ac:~ snall:le '~e::: N':n :tie ;'.ar,nll1lj IjIV'ls,or.1IIillr!n "4 c:::n~cve :'=~~oC.!." ~JS b'bMng hiJ dall Of acDQn :rem 'IIht." i:' appeal IS rake" . l;J ,.., appeal Ci' a ~r.MVIIIc.1WV'I ,.,. 11_ ..... ... 1:,... . .. .. . ,I <~ -- --- - - - - - ------~- --------- -- -------- ~ ~ -- - ------------------- -- -- -----. - - --- -- -. --- 1'-'..... 'r.:- flulry ulLfM ae~ e Aed 0; P8J1:'iba. ....:j;~ !'.~ -oss Li::"'~'; 5u"wJ!!;c;:LE QI"~ /_ ; .;... J'" SIIC...'It't "NI;l1IIddy ;-zr: E "D~:;eS' --------- ---- ---- -- "PI1C: 4"':1 0qI.\q - "'" I>E ....., 1MllOOjj. ....... " , R....1'<UIo:; <lil:l... ~ _ _"""'"" all jO ...... IN ('lJ "WIS~ ,IoLI.uo:) ~ i:: D9i\:Jdae F:u:: l:U! S58t'.11 Mc:JIJ' ~ IClIl!'oI!' llOIISIIUuIc:llllweid ..,. ClI ~ Jqo_~ au""Z .... jO .,,,,.... "Ai'"'':)''''' '" _ __.. ~ (oj "'1JOO)y PIIHdd'f 10 .'0 fAA:IIlP. t-ireL6 uoq:,eg UaAI5 seM a:JQDI.I /!U.euo flI.IIIlJr~ UI Jauup~ II: :II ~jUCO I!I'JI'l5u1J!8U !!adde ue 10 8'JllQI__od 'IDuaIHH IIIddy 't"Zt16 uoas "aa, ~ ~ eq: A:I PEMaIUC:Xle ICII!IUS IJndcy (;)) ~w Sl tndde ue ~ JOJ 00Q0e JG Q;) ~ &w.otCJ aep IIIlUIre: lMan:MllUaO tlllUlW JOl!JlSIUlIUpIf BuIU02 8lIZ IJUM PUlIM""l AI", AI n In 1:""11I1,. ftI fI ....... _ _ _ _ _ _ _ :lTY :;1= : ' (ITV .. 'I~ ; j ".J , , {( 1" il'J' - yo. _ 4 IT l"- r\ ''-\ 2 N "\ A" ell... of Santa Monica CommunJIy and Economic Deveiocment Department Plannln; al\ll2()l1l11g DMslcn (213) 4588341 APPEAL FORM _lff~}U'" i ~,' '1 /.... . I! /; 5;' v~t' -, ? 1 :: I ------==--- ~ Date F~ed , - , - 'l r Re".Alved oy }-.'I - ,L.L..::k. Receipt No J,- I if....? :Jr .. Namt: -r ,(1-1'" l/(;"'Iu~ /"'-110 (17"/ tJE "{-"O~"~ ~ Address 2t.J17 /Lf T'" .5.-r,:,,-rr <::;"PN7'; :^f~//(L.,4, t;;1. f? ,,/p"r.'$- Contact Person ('C?;"Ir. h".cJ /'1 /,1 E C-'l. ~/ PhOne j $ot:> 5" ~ ~ L{>-o') '"-'5 2. - /I ,. , (_,,, , FEE $1 Of' 00 Please descnbe lhe project and deCISIOn to be appealed "'r ~ r.,,, .... C' r r:, L ~ 13" '-" "..I.~ R n) 7 '''' 7" ~c.v''lc' p_"",-.-,J reJ""r,...f,f/rl.C'fll;,. ?A/2rc1.<<./~_.- (" Il~::iI"a#L~F";_", 7,:....vc. ~"1 !<'i( $r ,'::7" . Case Number /.J R ~ b <y AddreiS 27/7' :2.'12-~ ~'/,r.:t...,~€ ('~fv"" .<;",4'JrA- ~/c?Nd" C/1- <;0""0- Nl9Iicanl 'T ~,' r 7 oR hJ (.... Ongrnall'eanng daIS :2- ... M"'..., (? lr Y Ooglnal itllOl1 If,.." ^ u,", ""' .... Please s\ale 1he specll\c reaaon(') IoIIhe appeal "1ii, VI"!.'''''''-€ r""^- ~.t.I"(NU ....--'.,,,... /2~~"JclJ7"ILf..-J ~(-'.pu~') t'C:7 IJ" f:.~~ 7'v,. ""'/~L4ft ~/Jf. L/~ J- ,4a"~~ J ~.L-ilfIj.J-Vil('r/r 0(. 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':'e e..~~ bacIy ma, IIl'nttI arc like acta: an an oe:enr.lr.a:;ons, ~'I\8IP'llllllDn$, deo$Ol'l&. r.JCkJ/"l':-.... . miai' a;;:Ions tI/l8f" .n::n ... n :Ie ~ of II'Ie 019"'11I h8IMg :x:Jdy an :tie ap;'::';'llG' or ~ and it 1101 . nllld 10 :Jltf 116 "91lII reasrm S1a::i lor .....1;lClHI 5ac;:or 91..2 2 FUJna CII AppNIs. (al ~iI1S Shalllle adthsselllO 11'I8 awella:e bad)' an a IorIr pres.:rtled br 11'I8 Z~ Acr.'~alDr jlIBi1M 10 h! ~!QJ. The appeI2nr slId s:aIt :he spec:lic reaS:Jns 101' lhe b8S:S ~ h apPeal. ~l An IPllUl d a ~ ~::lI attcll\ So'1l.: tie Iiel: ""dll1e P'.a......~ JM5Ion W\t!I"I!4 ~tioJl! =all!'nca!' ~ys IQIowIIIg h dale gf lII::lOIllrolll whch a.'1 a:lIl88l11 :akf.'L lei M appeeI g!1 P1I1nr'9 Clrlml>>rIIllBt"1lOl\ 10...31 !:c: "led I" ll"e ol'ice (Jf \tie c..y ~ asld WII.'1 \tie ZOI'IIng 14:l"''''''!ov''1.!t' W1W1 1" CllIIIICIJhI Q/endar dI'1Ilabmg h dot 01 iICIlaI1lor llhCh a..'l a.np!!~ IS '!Iaae ld) ~ SI'III be allCOII'patlIId br te requred ling lee Se=n 91;!U AppIII HMrInClI PIdc I1llIlCll 01 an appeal h8IIIng II'~ conlQtlllIO ft rr.aM8l' .n..nett lhI OllgInaI I'dce was Gr.l8n Sacblll1 9132.4 efIldM DItiI of AppHIIc: AcuonI :a: EapI as oNrwIse prvnlIld I:Ir Ir Ihs Clupiler... aacn of.. ZMlng .f4nns:ralDl' ~ ID tle PlarnrriI Cor:l~ s'1aI ra! r.come I!fecIw lIWlSI ana ..r1lJI a:lOVo'IC ~ lhI C3rr- ~_ It) An &UIrI 01 m CcIn\rP..ISSIOn iIllP!!Ied :: :ht Clti ~ SIIaII r ~ becOn1lI a/Id,le JftesIi a..'1CIlIl!i IDPMCI by II'e c..-y Ccud. :;e.;~~9' 32..5 AppJII F-. Me.'"I=*S "":-.: ICoula and PIamn;i C;:n'lllSSlOl'" st.a.::IC! > "8Cp"8d II :rayal8e wI811l111l1;11 ',...1 1M - A TT A<-t\f'it:. AT' B ,-, CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM DATE: May 17, 1989 TO: The Honorable Planning Commission FROM: Planninq Staff SUBJECT: DR 468, CUP 524, ZA 5382A-Y, CUP 528, TTM 46411 and ZA 5382-Y Address: Applicant: 2919-2923 Wilshire Boulevard Jovet, Inc. SUMMARY Action: Review ot applications for a Development Review Permit, Conditional Use Permit and Variance to permit construction of a four story, 47,990 square foot oftice building, and review of applications for Conditional Us. Permit, Variance and Tentative Tract Map to permit construction of a two story plus loft, seven unit condominium. All applications, except the application for Variance to permit the use of compact parking spaces, are being considered under the provisions of the former Zoning Code (Chap- ter 1 of Article IX of the Santa Monica Municipal Code). The application for variance is being considered under the substan- ti ve requirements of the former zoning ordinance, and the pro- cedural requirements of the current zoning ordinance. Prior to taking action on the proposal, the Planning Commission must certify the adequacy o~ the final EIR, and certify that the EIR has been considered in reachinq a decision on the project. Recommendation: Approval Permit Streamlinin9 Act Expiration Date: May 25, 1989 SITE LOCATION AND DESCRIPTION The subject property ~. composed of two separate parcels. The C4 zoned portion of the site is approximately 22,100 square feet 1n size and is located on the northwest corner of Stanford street and WilShire Boulevard having a frontage of 170' along Wilshire Boulevard and 130' alonq Stanford Street. The site is currently occupied by a pet store and liquor store totaling 5,000 square feet. surroundinq uses consist of general commercial to the south, east and west (C4) and multi-family residential to the north (R2). - 1 - -: The R2A portion of the site is approximately 10,200 square feet in size and is located on the west side of Stanford Street between Wilshire Boulevard and Washington Avenue. The site is currently vacant. surrounding uses consist of mUlti-family residential to the north, east and west (R2) and general commer- cial to the south (C4). Zoning Districts: C4, R2A Land Use Districts: Santa Monica General Commercial Medium Density Residential Parcel Area: C4: 130' X 170' - 22,100 square feet R2A: 60' X 170' - 10,200 square feet PROPOSED PROJECT Proposed is a four story/50', 47,990 square foot office building. A two level subterranean garage will accommodate 178 cars, and will encroach approximately 60' into the adjacent residential district. Access to the subterranean parking tor the office building would be taken off of Wilshire Boulevard. Access to two loading spaces and garbage bins would b. taken otf of Stan- ford Street. - Architectural plans indicate a maximum building height of 50' as measured from an average natural grade of 221.5' to the top of the flat root. A parapet wall extends 3.5' above the root line, and elevator and stairway enclosures, and a root steeple extend approximately 1S. above the roof line. All are permitted above the maximum height limit per SHMC Section 9126B. Proposed. tor the adj acent re.identially zoned parcel is a two story + loft/30', seven unit condominium. Access to the required fourteen subterranean parking space. would be taken ott ot stan- ford street. Required side yards of 7.5' are provided, as is a required 20' front yard and 15' rear yard. The maximum lot coverage of 60t 1s proposed. The site 1s currently vacant. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed tour story/50', 47,990 square foot otfice buildinq and two atory/30', .even unit condominium are being considered under the preVious zoninq code due to the date the applications were de..ed complete (prior to April 29, 1988). CUe to the in- clusion of co.pact parking ~pac.s, the proposed oft ice building is not consist.ent with the Municipal Code. A Variance is re- quired to allow 40' ot the required parking spaces to be compact spaces. The new zoninq ordinance allows compact parking by right. It has been city policy, based upon actual compact stall usage and market trends, to permit 40' of the total number of parking spaces to be compact. A Conditional Ose Permit is re- quired to permit the subterranean parkinq garage to encroach into the adjacent residential district. The proposal is in conformity with the General Plan as shown in Attachment A. - 2 - . The condominium proposal is inconsistent with the municipal code but in conformity with the General Plan as shown in ~ttachment A. The condominium proposal is inconsistent with the Municipal Code in that ill 4 f unexcillvated side yard is required along one side property line of the R2A parcel for the entire depth of the lot. Due to the encroachment of the subterranean garage, for the of- fice building, into the residential district, the condominium proposal cannot provide an unobstructed 4' unexcavated side yard. CEQA STATUS An Environmental Impact Report (EIR), and addendum to the EIR have been prepared for this project. Approval of a resolution certifying the adequacy of the EIR is recommended. Copies of the Draft EIR were distributed to the Planning COllllllission at the beginning of the 30-day public review period. Comments were received and responses to the comments are incorporated into the Final ErR. At the Planning Commission hearing of January 25, 1989, concerns reqarding the adequacy ot the traffic mi tigat.ion measures were raised. Specifically, the Planninq commission felt that the re- m.oval of on-street parking to mitigate project related traffic impacts was not a viable option. An addendum to the EIR haa been prepared (Attachment C) to study additional mitigation measures~ and/or reduced project scenarios, that would not necessitate the removal of on-street parking to mitigate traffic impacts. ~ This proposed office building is subject to the Housinq and Parks Project Mitigation Measure. ot the Land Use and circulation Ele- m.ents of the General Plan. The project mitigation measures may be satisfied by paym.ent of an in-lieu fee to the City as es- tablished by Ordinance 1367 (ees) and as outlined in the condi- tions of approval for thia project. The seven unit condominiua is sUbject to a Park and Recreation Facilities tax of $200.00 per unit and a CondominlUDl tax of $1,000.00 per saleable unit. BACKGROUND The Subject proposal was originally brought before the Planning Commission at their January 25, 1989 meeting. At that time, con- cerns were raise4 raqarding the adequacy of proposed traffic mitigation measur.. and the building'S design. With regard to traffic, the Planning CQ.~ission directed t.he ap- plicant to look at traffic aitigation measures that did not en- tail the removal of on-street parking, and to review the LOS and functional classification ot Yale Street. With regard to build- ing design, the applicant was directed to include stepbacks along stanford Street elevation and alonq the third and fourth floors of the northern elevation, and to provide additional building - 3 - Ji articulation, use less glass, and make the southern (front) elevation more pedestrian friendly. The Planning Commission also directed staff to include the fol- lowing as conditions of approval: 1) a zero net flow condition relating to sewage, and 2) amendment of CC&R's for the condomini- um to reflect the existence of a commercial subterranean garage under the building. ANALYSIS Relationship to the General Plan Land Use and Circulation Elements The proposed four story/50', 47,990 square foot (2.17 Floor Area Ratio (FAR)) office building meets the development standards set forth in Policy 1.6.1 of the General Plan Land Use and Circula- tion Elements. Under Policy 1.6.1 a maximum building height of four stories/56', or six stories/a4' with site review, is permit- ted in the Wilshire Corridor. A maximum FAR of 2.5, or 3.0 with site review, is permitted. General Plan Land Use Element Policy 3.2.1 states that "allowable height limits for ccnnml1l!rcial and industrial uses should step down, or otherwise relate to the height limit of the adjacent. residential zone, to reduce visual intrusion, shading and scale inconqruity". Furthermore, Policy 3.2.2 states that "where com- mercial uses abut residential uses, there should be an appropri- ate transition (landscaped setback, or service alley and screen wallu. The subject proposal has been modified to provide a more adequate transition between the Wilshire Corridor and the R2, multi-family residential, district to the north. The third and fourth floors of the proposed office building are each stepped back approxi- mately 7.5' along the northern elevation. In addition, a portion of the building'. eastern elevation is set back from the property line in a "saw tooth" fashion creating an additional landscape area. The saw tooth pattern i. carried through the first and second floors ot the building's eastern elevation, with the third floor stepping back 7.S' in a similar manner. The fourth floor of the eastern elevation i. then further stepped back making use of a circular de.iqn element. All terraces created as a result of the stepbacks are proposed to be landscaped. By steppinq the third and fourth floors of the office building back, and propos- inq extensive landscape planters, the visual impact of the office building should be l..sened. The use of a 20' service alley ad- jacent to the R2 zoned parcel should further mitiqate the impact of the office building on adjacent residences. General Plan Circulation Element Policy 4.3.7 states that "new driveways and mid-block access points shall be limited, especial- ly alonq major roads." Policies 4.2.2 and 4.2.3 of the Circula- tion Element, however, direct that access points be located in such a way as to minimize traffic utilization of local residen- tial streets. Access the proposed subterranean garage would be - 4 - ... taken from wilshire Boulevard in this case. By taking access to the subterranean garage from Wilshire Boulevard, instead of stan- ford street which is predominately residential in nature, the potential intrusion of commercial traffic into a residential neighborhood is limited. Relationship to the Municpal Code The proposed 47,990 square foot office building would require a total of 160 parking spaces. A total of 178 parking spaces are provided, including 49 compact parking spaces and 5 handicapped spaces. Two loading spaces are required, and two are proposed. A variance is required to permit the use of parking stalls that do not meet the minimum stall dimensions as set forth in SMHC Section 9129F4. A Conditional Use Permit is required to permit the subterranean parking garage for the office building, to en- croach into the adjacent residential district (SMMC Section 9l48A) . The proposal to extend the subterranean garage into the adjacent residential district will not affect the overall height of the proposed condominium, and will be wholly subterranean as detined in the municipal code. The R2A portion of the site haa an average natural grade of 226. 75 ' as measured from the four corners of the proposed condominium, and the finished first floo~ of the condominium is at 229.75'. The subterranean parkinq for the condominium and commercial buildinq is, therefore, considered to be completely subterranean. Per SMHC Section 9l48A, a commercial use may extend into a multi- ple residential district provided: 1. The site for the proposed use i. contiguous with,or separated by an alley from, and immediately adjoins an established commer- cial or industrial district or is an existing non-conforminq use within a multiple residential district. 2. The uses permitted are limited to those uses permitted in the adjoininq commercial district. 3. In no case shall comaereial or industrial uses extend more than 500' into any adjoining multiple residential district. The proposed expansion ot subterranean parkinq into the adjacent residential diatrict conforms to the above requirements. The R2A site is contiguous with the C4 portion of the site. Subterranean parking is a permitted use in the C4 District, and the subter- ranean parking extends 60' into the adjacent residential district. Environmental Impact Report The Environmental Impact Report analyzed various areas of poten- tial project-related impact, including: land usa, traffic and circulation, noi.., shadows, sewer service and neighborhood ef- fects. The ErR determined that no long-term siqnificant impacts - 5 - " would result trom the proj ect. The EIR proposed a number of mi tigation measures. These have been included in the list of reco~~ended conditions of approval for the project. Some of the major areas addressed in the EIR are discussed below. Traffic and Circulation The following five intersections were analyzed in the EIR to determine detailed level of service and volume/capacity (V/C) ratios during the morning and evening peak hours in accordance with the Critical Movement Analysis method of intersection capacity analysis: Wilshire Boulevard and Berkeley street Wilshire Boulevard and Yale Street Santa Monica Boulevard and Yale street Colorado Avenue and stewart Street Wilshire Boulevard and 26th Street The analysis estimated that a 49,380 square foot otfice buildinq (47,990 sq. ft. is now proposed) and seven townhome units would generate 120 vehicle trips during the a.m. peak hour, 120 vehicle trips during the p.m. peak hour, and 850 average daily trips. The City defines a significant traffic impact as one which results in an increase of 0.02 or greater in the Vie ratio of an intersection when that intersection is projected to operate at a level of service ot E or F. As shown in Table 8 of the Addendum to the EIR (Attachment C), an all office scenario at 49,380 square teet would not siqnificantly impact any ot the intersections studied. Due to the reduction in project size and elimination of the retail component, the project related traffic mitigation measures proposed in the Final EIR will not be necessary. With regard to the classification of Yale street as a local street, the addendum to the EIR indicates that the average daily traffic: (ACT) on Yale street is 7,330 vehicles per day. The General Plan classities a local street as one which carries less than 2,500 vehicles per day. The functional classification ot Yale Street should be that of a feeder street Can ADT of below 7,500) rather than a local street. Furthermore, a feeder street is defined aa a street which carri.. traffic between residential neiqhborhooda and the arterial street network, and 1s residential in nature. Yale street meets this requirement in that the street provides acee.. between two arterials, Wilshire and Santa Monica Boulevards, and i. residential in nature. The City is preparinq a comprehensive Transportation Hanaqement (TMP) Plan to implement the policies adopted in the City'S Cir- culation Element. As a condition of approval, the project will be required to comply with the TMP Plan when it is adopted. - 6 - ~ The applicant's fair share participation in the cost of making the necessary improvements to mitigate cumulative traffic impacts will be mada a condition of project approval. Shadow study A shadow analysis was performed in the EIR based on shadows which would be cast trom the building during the summer and winter solstices, and during the spring and fall. The analysis was per- formed based on the original plans that did not include a step- ping back of the third and fourth floors. OUring the winter solstice, morning shadows would completely engulf the two storyl 30 I condominium proposed for the adjacent site to the north of the commercial site, and also impact other residences located to the north. During the spring and fall, and during the winter solstice I evening shadows would fall on the adjacent co~m.rcial building to the east. Impacts to the commercial businesses would be minimal. As a mitigation measure, the consultant suggested stepping back the fourth and possibly third floor of the office building to reduce shadow impacts on the adjacent residential neighborhood. The applicant has incorporated a stepping back ot the building's third and fourth floors in the plans that are under consideration. Wastewater Generation The subject proposal will consume an .stimated 4,382 qallons ot water per day and generate approximately 3,984 gallons of waste- water per day. In addition, a zero net flow condition has been added to the project. The city has adopted a Wastewater Control ordinance which specifies caps on two I six-month allocation periOdS. The current period is from January 1 through June 30, 1989 and permits a to- tal new wastewater allocation of 86,632 gpd. Subsequently, addi- tional wastewater allocation of 173,264 gpd will be available annually. The allocation i8 linked to the issuance of building permits and, for project. ot this scope, is assigned on a tirst- come, first-serve basis. It is important: to nota that the Wastewater Control Ordinance limits the total perw.itted new allocation and, therefore, con- trols the cumulative wastewater tlow permitted to the Hyperion Wastewater Treatment Plant. In so doing, the total permitted allocation will not be exceeded. In addition, a zero net flow condition haa been added to the project. Project Oesiqn The proposed oftice building has been redesigned since the original design analysis was performed by the consultant. Mitigation measures such as the steppinq back of the third and fourth floors alonq the building'S northern elevation have been proposed. - 7 - ~ The revised building desiqn includes the decreased use of glass, the creation ot a glass atrium lobby along Wilshire ,Boulevard to serve as a fecal point for pedestrians, and additional stepbacks and articulation are proposed along the north and east building elevations. CONDOMINIUM PROPOSAL ANALYSIS The proposed two story + loft/30', seven unit condominium meets all applicable planninq and zoninq requirements. All units will be conf igured as townhomes, each with two bedrooms, two bath- rooms, a loft and roof deck. Access to the units will be avail- able from the subterranean garage by individual stairway, and by a ground level walkway located along the building I s northern elevation. All units will have approximately 2,100 square feet of floor area. A Variance is requested to not provide a 4t unexcavated side yard along one side property line as required under SMHC Section 9108B9. Due to the proposed subterranean parking garage of the adjacent comm~rcial project extending under the Subject R2A site, an unexcavated side yard cannot be provided. As proposed, a 7'- 6" wide unexcavated side yard is provided for a depth of 8' (See Attachment 0). The applicant's landscape architect has indicated that 8 I of soil is adequate for many species of trees, and as such should not adversely effect the proposal. Conclusion The revised project plana address the design concerns raised by the Planning Commission. The reduced use of glass along all building elevations, increased building articulation along the northern and eastern elevations, and the creation of a pedestrian friendly Wilshire Boulevard elevation, through the use of a tour story atrium lobby, all contribute to a more cohesive less obtru- sive design. In regard to traffic i..ue., the addendum to the EIR indicates that the project will not aiqnificantly impact any ot the inter- section studied. Furthermore, the proposal does not result in any unavoidable adver.. environmental impacts. In that the project haa been revised to address planning Commis- sion concern., all envirolUl.ental impacts can be mitigated, and the project compli.. with the general development standards for the wilshire Corridor, approval is merited. RECOMMENDATION It is recommended that the Planning Commission certify ErA 878, and approve OR 468, CUP 524, ZA 5382A-Y, CUP 528, TTM 46411 and ZA 5382-Y subject to the following findings and conditions: - 8 - J DEVELOPMENT REVIEW FINDINGS I. The development is consistent with the findings and pur- pose of Ordinance 1321 as set forth below. 2. The physical location and placement of the proposed struc- ture on the site is compatible with and relates harmo- niously to surrounding sites and neighborhoods in that the structure exceeds the required setback along the northern property line. In addition, the building steps down to and relates to the adjacent residential district. 3. The existing and/or proposed rights-of-way and facilities for both pedestrian and automobile traffic will be ade- quate to accommodate the anticipated results of the pro- posed development including off-street parking facilities and access thereto in that the the location of access to the subterranean parking is taken off of Wilshire Boulevard so as to minimize traffic impacts to the adja- cent residential district. In addition, the 178 parking spaces proposed exceed the 160 required parking spaces. 4. The existing and/or proposed public and/or private health and safety facilities (including, but not limited tOr sanitation, sewers, storm drains, fire protection devices, protective services, and public utilities) will be ade- quate to accommodate the anticipated results of the pro- posed development. S. The proposed development is consistent with the General Plan of the city of santa Monica and the Zoning Ordinance in that the project will conform to the height, bulk, use and urban d..ign polici.. tor the Santa Monica General Commercial Land Us. District a. specified in the Land Use Element of the General Plan and with the variance for com- pact parking, will conform to the appropriate C4 standards contained in the Zoning Ordinance. COMPACT PARKING SPACE VARIANCE FINDINGS 1. The strict application of the provisions of the zoning Ordinance would result in practical difficulties or un- nec..sary hardships inconsistent with the general purpose and intent o~ the Zoninq Ordinance (Article IX, SMMC) in tha~ City policy recolDlllends the use of compact parkinq stalls to .eet- the actual market trend of a mix of stan- dard and compact cars. 2. The granting of a variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood in which the property is located in that an adequate nQmher of parking spaces and mix of standard and compact stalls will be provided on site. - 9 - 3. The granting of a variance is desirable to the public con- venience or welfare and not in conflict with the General Plan, and will not be materially detrimental or injurious to the property or improvements in the immediate neighbor- hood in that City policy has determined that 40' compact parking spaces represents an appropriate number of compact spaces to meet actual user demand. 4 . There are exceptional circumstances and conditions ap- plicable to the property involved that do not apply gene- rally to other property in the same zone or neighborhood in that compact parking spaces have been historically per- mitted by the City until recently and denial of a variance for compact spaces would result in practical difficulties and unnecessary hardships inconsistent with the general purpose and intent of this chapter. CONDITIONAL USE PERMIT FINDINGS (For Encroachment of Commercial Use Into Residential district) 1. The proposed use and location of subterranean parking in the R2A zoning District is in accordance with good zoning practice, in that the proposed use is in accordance with existing and potential uses wi thin the adj acent C4 Dis- trict, traffic or parking congestion will not result, the public health safety and general welfare are protected and no harm to adjacent properties will result. 2 . Parking structures are a permitted use in the C4 Zoning District, and the R2A zoned portion ot the site directly abuts the C4 zoned portion of the site. 3. The commercial use extends approximately 60' into the ad- j acent residential district. This is below the maximum 500' encroachment permitted with the granting of a Condi- tional Ose Permit. CONDITIONS Plans 1. This approval i. tor those plans dated April 21, 1989, a copy ot which shall be maintained in the files of the City Planninq Division. Project development shall be consis- tent with such plan., except as otherwise specified in th... conditions of approval. - 2. The Plans shall comply with all other provisions of Chap- ter 1, Article IX ot the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the city of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval ot the parking and Traffic Engineer. - 10 - .J 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 5. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 6. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities: scale and articulation of design ele- ments: exterior colors, textures and materials: window treatment; glazing; and landscaping. Fees 7. The city is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual tees to be paid by certain types of employers in the city. This ordinance may require that the owner of the proposed project pay such new development fees, and that employers within the project pay such new annual em- ployer tees related to the City's Transportation Manage- ment Plan. Demolition 8. Until such time .s the demolition is undertaken, the ex- istinq structure shall be maintained and secured by board- ing up all openings, erecting a security fence, and remov- ing all debris, bushes and planting that inhibit the easy surveillance of 1:ha property to the satisfaction of the Building and safety Officer and the Fire Department. Any landscaping material remaining shall be watered and main- tained until demolition occurs. 9. Unl... otherwi.e approved by the Recreation and Parks Oe- pare-ant and the Planning Division, at the time of demoli- tion, any street traes shall be protected fro. damage, death, or r..Qval per the requirements of Ordinance 1242 (CCS). 10. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permi tted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all, trash, weeds, etc. - 11 - f Construction 11. Unless otherwise approved by the Department of General services, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 12. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General Services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. 13. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. 14. street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Department ot Recreation and Parks and the Department ot General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 15. A construction period mitigation plan shall be prepared by the applicant for approval by the Director of Planning and the Department of General services prior to issuance of a building permit. As applicable, this plan shall 1) Speci- fy the names, addresses, telephone numbers and business license numbers of all contraetors and subcontractors as well as the developer and architect; 2) Describe how de- molition of any existing structure. is to be accompliShed; 3) Indicate where any cranes are to be located tor erec- tion/construction; 4) Describe how much ot the public street, alleyway, or aidewalk i. proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persona; 7) Specify the na- ture and extent of any dewatering and its effect on any adjacen~ building.; 8) Describe anticipated contruction- related ~ruclc rout.., number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent ot any helicopter hauling; 10) state whether any construction activity beyond normally permitted hours is propo.ed; 11r Oescribe any proposed construction noise mitigation mea.ures; 12) O.scribe construction-period security measures inc1udinq any fencing, 1 iqhting , and security personnel; l3} Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of publ ic streets for parking; 15} List a designated on-site construction manager; - 12 - 16. A copy of these conditions shall be posted in an easily visible and accessible location at all times during con- struction at the project site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 17. U1 tra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) 18. Prior to issuance of a Certificate of Occupancy, project owner shall present documentation to the General Services Department certifying that existing Santa Monica occupancies with toilets installed prior to 1978 have been retrofitted with ultra low-flow toilets (1.6 gallons per flush or less) such that development of the new project will not result in a net increase in wastewater flows. Flow from existing occupancies Which will be removed as part of the new development may be deducted fro. flow attributable to the new development it such occupancies have been occupied within one year prior to issuance of a Building Permit for the proposed project. Flow calculations for new development and existing occupancies shall be consistent with quidelines developed by the General Services Department. 19. To mitigate solid wast. impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan ~o the Department of General Service. for its approval. Th. recycling plan shall include 1) list of materials such .s white paper, computer paper, metal cans, and glass to be recycled; 2) location of recycling bin.: 3) desiqnated recycling coordinator; 4) nature and extent of internal and external pick-up service; ~) piCk-Up schedule; 6) plan to inform tenants/occupants of ..rvice. Miscellaneous Condition. 20. The building address shall be painted on the root of the buildinq and shall measure four feet by eight feet (32 square teat). 21. The operation shall at all time. be conducted in a manner not detrimental to surrounding properties or residents by reason ot lights, noise, activities, parking or other actions. Validity of Permits 22. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy - 13 - shall be issued until such violation has been fully remedied. 23. within ten days of Planninq Oivision transmittal of the statement of Ofticial Action, project applicant shall sign and return a copy ot the Statement of Official Action prepared by the Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. The signed state- ment shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 24. 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. Special Conditions 25. The project shall comply with South Coast Air Quality Man- agement District (SCAQMD) Requlation xv. 26. If requested by the Department of General Services, the developer shall participate in the cost of creating a- third through travel lane on Wilshire Boulevard on the approaches to Berkeley Street. 27. If requested by the Department of General services, the developer shall participate in the cost of creatinq exclu- sive left, through and right-turn lanes on the northbound approach ot Berkeley street to Wilshire Boulevard. 28. If requested by the Department of General services, the developer .hall participate in the cost ot widening Wil- shire Boulevard to three through lanes in the eastbound direction at the intersection of Yale street, and eXClu- sive lett-turn lane. on yale Street. 29. It requested by the Department ot General services, the developer shall participate in the cost of creating three through lane. in the eastbound direction ot Santa Monica BOUlevard at Yale stre.t, and exclusive westbound right- turn lan.. and an exclusive left-turn lane in both direc- tions on Yale street 30. I t requested by the Department ot General services, the developer shall participate in the cost of creating tour through lanes in both directions ot Wilshire Boulevard at 26th Street. In add! tion, three through lanes in the northbound and southbound direction, and a right-turn lane lane in the northbound direction will be necessary. - 14 - 29. Additional tall, dense vegetation shall be provided between the proposed residential condominium and oftice building. 30. Construction activities shall take place only during the time limits specified by city Ordinance. Construction workers shall be prohibited from driving to the work site except through a shuttle system from a remote location where off-street parking is provided. Barriers shall be provided between the construction site and sidewalks. Alternate routes shall be designated for pedestrians and vehicles. Any lane closures shall occur on Stanford street rather than Wilshire Boulevard. Construction equipment shall be properly tuned, muffled, and placed as far as possible from sensitive receptors. Regular water- ing shall take place to reduce fugitive dust. 31. Exterior building materials shall be light in color, and no mirrored or darkly tinted glass shall be used. 32. Lawns and. landscape areas shall be watered no more fre- quently than once every three days, and shall not be watered between the hours of 10:00 a.m. and 4:00 p.m. 33. There shall be no hose washing of walkways, paved drive: ways or parking areas. 34. SCAQMD RUle 403 will be adhered to, ensurinq the clean up of construction ot related dirt on approach routes to the site. ~ROJECT MITIGATION FEE CONDITION 1. In accordance with sections 9046.1 - 9046.4 of the Santa Monica Municipal Code, prior to issuance of a building permit the developer shall executa an irrevocable letter of credit or other torm of security acceptable to the City for the payment of an in-lieu fee for housing and parks equal to $2.25jaq.ft. for the first 15,000 sq. ft. of net rentable oftice floor area and $5. OO/sq. ft. for the remaining net rentable otfice floor area. This tee shall be adjusted for inflation by the percentage chang a in the Consumer Price Index ("CPI") between October 1984 through the lD.on~ in which the payment is made. Upon mutual agr....nt of the developer and the City, the developer may satisfy the Project Mitigation measures by providing low and moderate ~ncome housing or developing new park space on or oft the project site. To fulfill this obligation an agreement shall be secured in writing by the developer and approved by the city Attorney and City staff prior to is- suanoe of a building permit. This fe., prior to adjust- ment, will be $198,750, based on a net rentable oftice floor area of 47,990 square feet. - 13 - CONDITIONAL USE PERMIT FINDINGS FOR CONDOMINIUM 1. The proposed use and location are in accordance with good zoning practice, in the public interest and necessary that substantial justice be done in that the proposed con- dominium meets all applicable zoning requirements pertain- ing to development in the R2 district. 2. The proposed use is compatible with existing and potential uses within the general area, traffic or parking conges- tion will not result, the public health, safety and general welfare are protected and no harm to adj acent properties will result. The proposed condominium meets all Parking and Traffic requirements pertaining to number of parking spaces, stall and driveway dimensions, and ramp slope. 3. The proposed use and location are in accordance with good zoning practice, is compatible with existing and potential uses within the general area, traffic or parking conges- tion will not result, the public health, safety and general wel fare are protected and no harm. to adj acent properties will result. VARIANCE FINDINGS FOR UNEXCAVATED SIDE YARD 1. The strict application ot the provisions ot the Zoning Ordinance would result in practical difticul ties or un- necessary hardships inconsistent with the general purpose and intent of the Zoning Ordinance (Article IX, SMMC). The applicant has attempted to provide a side yard suitable for landscaping. The inability to provide a to- tally unexcavated .ide yard w.1ll not preclude adequate landscapinq trom beinq provided. 2. The granting ot a variance would not be materially detrimental to the public welfare or injuriOUS to the property or improvement. in such zone or neighborhood in which the property is located. A unexcavated side yard of approximately 8' in depth will be provided alonq the en- tire depth ot the northern property 1 ine. Thill should accommodate adequate landscapinq. 3. The qrantinq at a variance is essential or desirable to the public convenience or welfare and not in conflict with the General Plan, and will not be materially detrimental or injuriou. to the property or improvements in the im- mediate neighborhood. 4. There are exceptional circumstances and conditions ap- plicable to the property involved that do not apply generally to other property in the same zone or neighbor- hood in that the proposed development of the adjacent property with a commercial building and subterranean garage that will encroach into the adjacent residential - 16 - district will create an inability to provide the required unexcavated side yard. TENTATIVE PARCEL/TRACT MAP FINDINGS 1. The proposed subdivision, together with its prov~s~on for its design and improvements, is consistent with applicable general and specific plans as adopted by the City of Santa Monica. 2. The site is physically suitable tor the proposed type of development. 3. The site is physically suitable for the proposed density of development. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or sub- stantially and avoidably injure fish or wildlife or their habitat. 5. The design of the subdivision or the type of improvement will not cause serious public health problems. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at larqe, for acc.s. through, or use of, property within the proposed subdivision. SPECIAL CONDITION 1. The CC & R'S for the condominium development shall reflect the fact that the Duildinq is built over a co~~~rcial sub- terranean garaqe. CONDITIONS Plans I. This approval i. tor those plans dated April 21, 1989, a copy of which shall be maintained in the tiles of the City Planninq Division. Project development shall be conaiatent with auch plana, except as otherwise specified in th..e conditions ot approval. 2. The Plan. .hall comply with all other provisions ot Chap- ter l, Article IX of the Municipal code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan poliei.. of the City of Santa Monica. 3. Final parkinq lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the - 17 - approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plan~ submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 5. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 6. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities: scale and articulation of design ele- ments: exterior colors, textures and materials: window treatment~ glazing: and landscaping. Fees 7. The City is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain type. of new development, and annual fees to be paid by certain types of employers in the city. This ordinance may require that the owner 01- the proposed project pay such new development tees, and that employers within the project pay such new annual em- ployer fees related to the city's Transportation Manage- ment Plan. 8. A Park and Recreation Facilities Tax ot $200.00 per residential unit shall be due and payable at the time of issuance ot a buildinq permi t for the construction or placement of the residential unites) on the subject lot, per and subject to the provisions of Section 6670 at s.q. ot the Santa Monica Municipal code. Construction 9. Unless otherwise approved by the Department of General Services, all sidewalks shall be kept clear and passable during the qradtnq and construction phase of the project. 10. Sidewalk., curb., gutters, paving and driveways which need replacing or removal as a result at the project as deter- mined by the Department ot General Services shall be re- constructed to. the satistaction of the Department of General Service.. Approval for this work shall be ob- tained from the Department of General Services prior to issuance ot the building permits. 11. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. - 18 - 12. street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 13. A construction period mitigation plan shall be prepared by the appl icant for approval by the Department of General Services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors and subcontractors as well as the developer and architect; 2} Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction: 4) Describe how much of the public street, alleyway, or side- walk is proposed to be used in conjunction with construc- tion; 5) Set forth the extent and nature of any pile- driving operations; 6) Describe the length and number of any tiebacks which must extend under the property ot other persons~ 7) Specify the nature and extent of any dewater- ing and its effect on any adjacent buildings; 8) Oe.cribe anticipated construction-related truck routes, number of truck trips, hours of hauling and parkinq location; 9t Specify the nature and extent of any helicopter hauling; 10) state whether any construction activity beyond normal- ly permitted hours i. proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe con- struction-period security measures including any fencing, 1 ighting, and ..curl ty personnel; 13) prov ide a drainage plan: 14} Provide a construction-period parkinq plan which shall minimize u.e of public streets for parking; 15) List a designated on-site construction manager; 14. A siqn shall b. posted on the property in a manner conais- tent with the public hearing sign requirements which shall identify the address and phone numher of the owner and/or applicant for the purpose. ot responding to questions and complaints during the construction period. Said sign shall also indicating the hours of permissible construc- tion work. 15. A copy of the.e conditions shall be posted in an easily visible and acce.sible location at all times during con- struction at the prGject site. The pages shall be lami- nated or otherwise protected to ensure durability of the copy. Environmental Mitigation 16. Ultra-low flow plnmhing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) - 19 - Miscellaneous Conditions 17. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (:3 2 square feet). 18. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 19. Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter. 20. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9040.13-9040.15. Refuse areas shall be of a size adequate to m.et on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to th~ screening of such areas and equipment. 21. Street and/or alley lighting shall be provided on public rights ot way adjacent to the project if and as needed per the specifications and with the approval ot the Department ot General Services. 22. No gas or electric meters shall be located within the re- quired front yard setback area. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. 23. Any lofts or mezzanine. shall not exceed 99 square teet unle.s appropriate required parkinq is supplied. Such areas shall also not exceed 33.3' ot the room below unless compliance with the district's limits on number ot stories can be maintained. Validity ot peraita 24. The conditional use permit shall be of no further torce or effect it the Tentative Map expires prior to approval of a Final Map tor said tract. 25. In the event permittee violates or fails to comply with any conditions ot approval ot this permit, no turther per- mi ts, licenses, approvals or certiticates ot occupancy shall be issued until such violation has been fully remedied. - 20 - 26. Within ten days of Planning Oivision transmittal of the statement of Official Action, project applicant shall sign and return a copy of the statement of Official Action prepared by the Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed Statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 27. 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. TENTATIVE TRACT MAP CONDITIONS 1. All off site improvements required by the City Engineer shall be installed. Plans and specifications for off site improvements shall be prepared by a registered civil en- gineer and approved by the city Engineer. 2. Before the City Engineer may approve the final map, a sub- division improvement agreement for all off sit. improve- ments required by the city Engineer shall be prepared and a performance bond posted through the city Attorney's office. 3. The tentative map shall expire 24 months after approval, except as provided in the provisions ot Calitornia Govern- ment Code Section 66452.6 and Sections 9380-9382 of the Santa Monica Municipal Code. During this time period the final map shall be presented to the City of santa Monica for approval. 4. The developer shall provide the Engineerinq Department of the City ot Santa Monica with one Dizal Cloth print reproduction and microfilm of each sheet of the final map after recordation. 5. Prior to approval ot the final map, Condominium Associa- tion By-Law. (if applicable) and a Declaration of CC , R's shall be reviewed and approved by the City Attorney. The CC , R'. shall contain a non-discrimination clause as presented in Section 9392 (SMMC) and in the ca.. ot con- dominiums, contain such provisions as are required by Sec- tion 9122E (SMMC). 6. The developer shall provide for payment ot a Condominium Tax ot $1,000 per saleable residential unit per the provi- sions of section 6651 et seq. of the Santa Monica Municipal Code. - 21 - 7a. The form, contents, accompanying data, and filing of the final subdivision map shall conform to the provisions of Sect10ns 9330 through 9338 (SMMC) and the Subdivision Map Act. The required Final Map filing fee shall be paid prior to scheduling of the Final Map for City council approval. 7b. The form, contents, accompanying data, and filing of the final parcel map shall conform to the provisions of Sec- tions 9350 through 9357 (SMKC) and the Subdivision Map Act. 8. The final map shall be recorded with the Los Angeles Coun- ty Recorder prior to issuance of any building permit for a condominium project pursuant to Government Code Section 66499.30. INCLUSIONARY UNIT CONDITIONS 1. The developer shall covenant and agree with the City of Santa Monica to the specific terms, conditions and restrictions upon the possession, use and enjoyment ot the subject property, which terms, conditions and restrictions shall be recorded with the Los Angeles County Recorder's Office as a part of the deed of the property to ensure that one affordable unit is provided and maintained over time and through subsequent sales of the property. An affordable unit shall be defined as being affordable to households with incomes not exceeding 100\: at the (HUD) Los Angeles County median income, expending not over 30' of monthly income on housing costs, as specified by the Housinq Division of the Department of community and Economic Development. This agreement shall be executed and recorded prior to approval of the Pinal Map. Such aqreement shall specify 1) responsibilities of the developer for making the unites) available to eligible tenants and 2) responsibili- ties of the City ot Santa Monica to prepare application forms tor potential tenants, establish criteria for qualitications, and monitor compliance with the provisions of the agreement. This provision i. intended to satisfy the inclusionary housinq requirement. ot Program 12 of the Housing Element of the General Plan ~f the city ot Santa Monica ("Program 12") . Oevelol'er may satisfy the obligations created by this Agreement by demonstrating to the Director of Plan- ning compliance with any ordinance or resolution adopted by the City within two years from the effective date of this approval, which is intended to provide an alternative method tor compliance with Proqram 12. An alternative method may be, but is not limited to, the payment ot a tee in-lieu ot providing an Affordable Unit. - 22 - Prepared by: Larry Miner, Assistant Planner Attachments: A. B. C. D. E. F. G. I. J. PC/ADR468 LM 5/2/89 Municipal Code and General Plan Conformance Radius Map Addendum to EIR Unexcavated side yard variance diaqram Resolution of certification of EIR statement of Certification of EIR Correspondence (if any) Project Plans Final EIR - 23 - ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE FOR OFFICE BUILDING Land Use Category Municipal Code Element Permitted Use General General Commercial Commercial Height 6 stories/gO' 4 stories/56'; With Site Review: 6 stories/84, Setbacks Front yard 0' Same as Municipal Code Sideyard o ' Same as Municipal Cod. Rearyard 5'+(' ot Same as stories x Municipal lot width)/50 Code - 18.6' F.A.R. 3.3 2.5; or 3.0 wI aite review Parking 160 .pac.. Salle a. Municipal 2 loading Code space. - 24 - project General Office/Retail 4 stories/50' 0' 0' 20' 2.17 178 spac.. 2 loading spac.. ATTACHMENT A (CONT.) MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE FOR CONDOMINIUM PROPOSAL category Land Use Municipal Code Element Project Permitted Use 1 unit/1500 sq. ft. of lot area. 7 unit condo. 10,200/1500 Height 2 stories/30' 2 stories + loft/30' Setback Front yard Sideyard Rearyard 20' 20' 7.51 7.5' 151 15' Lot Coverage 60% max. 60% prop. 14 parking spaces prop. Parkinq 2 spaces per unit - 14 parkinq spaces required - 25 - . ~ .. ""- / T/ , +'+ //,~y~ ~ / '~ / +'.~ 'J .'S"" y / J;o /<i\..,. /-r,"S"" /'-& ~ .. ~IJ " lEGAL DESCRIPTION FAIRMONT VILLAS LOT I Itllt,~ CASE NO . STJ'EET ACORESS ZONE APPlICANT OAT! 4-I-8e RADIUS MAP FOR PUBLIC HeARING OATt: ~lLb\~ ~O~@ [Q)~I?t!\J;l~l?1] ~IMY cmO~ S-t- Jh-...... Ol'kJl~~aLl ..,....... . A".. M.. 5..... ... Q M 88-114'" . " , LEGAL DESCRIPTION ~EL MAP 15181 LOT 2 CASE NO ~ STAID ADORESI ZONE APPlICANT DATE 4-1-88 RADIUS MAP FOR PllBLIC HEARIHQ OATE ~l!J.\lMlNJ~ ~@ I!!>~[;>ti\rJlm~~if 0'" Of S-L.- Jl1-;..,... CJ\lIJk)l;tlMl~ I.'........ A.... /14"" SI\eef ,.,. Q" 11-114.1