SR-402-010 (15)
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SEP 1 2 1989
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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
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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).
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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
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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
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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
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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.
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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
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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
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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
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Santa Monica
Community and EconomIc Developmenr Department
Planning and Zoning Division
(213) 458-8341
APPEAL FOAM
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CommunJIy and Economic Deveiocment Department
Plannln; al\ll2()l1l11g DMslcn
(213) 4588341
APPEAL FORM
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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).
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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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;
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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 -
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lEGAL DESCRIPTION FAIRMONT VILLAS LOT I Itllt,~
CASE NO
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ZONE
APPlICANT
OAT! 4-I-8e
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LEGAL DESCRIPTION ~EL MAP 15181 LOT 2
CASE NO
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STAID ADORESI
ZONE
APPlICANT
DATE 4-1-88
RADIUS MAP FOR
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