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SR-402-010 (17) 'It? -z.," 1/10 1~.1l SEP 2 6~89 C/ED: CPD: DKl1: bz Council Mtg: September 26, 1989 Santa Monica, California TO: Mayor and City Council FROM: city Staff SUBJECT: Appeal of Planning commission Denial of CUP 512, DR 446, ZA 5345-Y, EIA 872, Located at 2900 Wilshire Boulevard and 1217 Yale street; Appellant: Zealund Corporation INTRODUCTION Before the Council is an appeal of a Planning commission denial of a Conditional Use Permit, site Review Permit, Variance and Certification of an Environmental Impact Report to permit the construction of a six-story, 76,483 square-foot office building wi th three levels of subterranean parking and a two-story, 11- unit apartment building with one level of subterranean parking. This application is subject to review under the provisions of the previous zoning ordinance. This matter was originally scheduled for Council review in July 1989, but was continued at the request of the applicant. staff recommendation is to uphold the Planning commission and deny the appeal. SITE LOCATION AND DESCRIPTION The subject property is a 42,500 sq. ft. parcel located on the southeast corner of Wilshire Boulevard and Yale street having a frontage of 170 feet on Wilshire Boulevard and 250 feet on Yale Street. The site is currently developed with Madame Wong's res- taurant/club, \vhich would be demolished to permit the proposed - 1 - ~.8 SEP 2 6 1989 ..... , , development. Surrounding uses consist of a four-story, medical office building (C6) to the north; a one story, low-densi ty residential structure (R2) to the south~ a two-story commercial building and one and two-story low-density residential buildings (C6, R2A and R2) to the east and a single-story commercial center and low-density residential buildings (C6, R2A and R2) to the west. Zoning Districts: C4, R2A and R2 Land Use Districts: Wilshire corridor Commercial and Low-Density Residential Parcel Area: C4: 170' X 150' = 25,500 square feet 170' X 100' = 17,000 square feet 1701 X 250' = 42,500 square feet R2A and R2: Total Parcel Area: PROPOSED PROJECT The proposed proj ect entails the construction of a six-story, 76,483 square-foot commercial office building on the C4 zoned property and a two-story, ll-unit apartment complex on the adja- cent R2A and R2 zoned properties. A site Review Permit is re- quired to permit the commercial development to exceed a height of 4 storieS/56' and a Floor Area Ratio (F.A.R.) of 2.5. The Site Review process permits consideration of development up to a height of 6 storiesj84I and an F.A.R. of 3.0. The office build- ing is proposed to be six stories with a height of 831 and an ~ F.A.R. of 3.0. A Conditional Use Permit is required to permit the subterranean, commercial parking garage to extend beneath the residentially zoned property, as provided for by previous Code, Section 9l48A. - 2 - ,~ .". I . .- A variance is proposed to permit encroachment of the subterranean garage into the required four-foot unexcavated side yard of the residentially zoned property, to permit 30% compact spaces and to permit 39 surplus commercial spaces to be tandem. MUNICIPAL CODE AND GENERAL PLAN CONFO~ffiNCE The proj ect is subj ect to the previous zoning code due to the date the application was deemed complete (prior to April 29, 1988) . The proposed project is consistent with the Municipal Code and conforms with the quantitative standards of the General Plan as shown in Attachment A, with the following exceptions: a variance is requested to permit the 39 surplus, commercial park- ing spaces to be tandem spaces; 30% of the commercial parking spaces to be compact spaces; and to allow encroachment of the subterranean parking garage into the required 4' unexcavated side yard setbacks on the residentially zoned property. CEQA STATUS An Environmental Impact Report (EIR) was been prepared for this project. A 3o-day public review period was conducted. Comments were received and the responses to the comments are incorporated ~ , into the Final EIR. FEES The commercial portion of this project is subject to the Housing and Parks proj ect Mitigation Measures of the Land Use and Cir- culation Elements of the General Plan. The proj ect mitigation - 3 - , , f' . measures may be satisfied by payment of an in-lieu fee to the City as established by Ordinance 1367 (CCS). The residential portion of this project is subject to a Parks and Recreation Facilities Tax of $200.00 per unit. ANALYSIS Project Description The office building features a recessed, colonnaded entrance along Wilshire Boulevard with recessed, arched window openings at the second level above the entrance and recessed window walls. The third and fourth floors step back ten feet along portions of the front facade. The fifth and sixth floors step back at ten- foot increments on all four corners of the structure. Landscaped terraces are proposed on each corner of the two uppermost levels. Arched windows are repeated centrally on the sixth floor of the Wilshire Boulevard elevation. proposed exterior materials in- c1ude warm-tone granite and lightly tinted glazing with clear glazing on the ground level. The front setback of the proposed office building varies between six feet and twenty-eight feet with a predominant setback of fif- teen feet on the third through sixth floors. The setback on Yale street varies between six feet and eight feet. A twenty foot to twenty-two foot landscaped setback on the eastern side of the development is adjacent to an existing, two-story commercial com- plex. The predominant setback between the proposed commercial - 4 - and residential structures is approximately 45 feet. A wall and landscaping will separate the two uses. The II-unit apartment complex is designed as a U-shaped building with an open courtyard on the south side of the structure. The Mediterranean style building features a stucco exterior, arched windows, balconies with metal railings on three elevations and a clay tile roof. unit plans include ten flats, ranging in size from 1,050 to 1,300 square feet, and one two-story unit with an area of 2,150 square feet. All units have two bedrooms, 2 baths, kitchen and a living/dining area. proposed setbacks for the , , apartment building are 20' on the front, 15' on the rear and 9' to 48' on the sides. Building height is proposed to be 21 feet. Parking and Circulation Design Access to the commercial parking garage is provided via a 30'- wide driveway located on Yale street approximately 1301 south of Wilshire Boulevard. A vehicle stacking distance of 115' is pro- vided on-site prior to the ramp entrance. Two tuck-under loading spaces are provided on the south side of the building, midway along the drive aisle. The trash enclosure will be located on the first level of the subterranean garage. The location of the commercial driveway on Yale street, rather than Wilshire Boulevard, is supported by the Land Use and Cir- culation Element, Policy No. 4.3.7, which states that "new drive- ways and mid-block access points shall be limited, especially along major roads." However, the Circulation Element also calls for minimization of impacts on residential side streets. These - 5 - policies are weighed on a case-by-case basis, since the Circula- tion Element does not provide strict standards for location of " , commercial access points. Required parking for the office structure is 255 spaces, based on the code parking requirement of one parking space for every 300 square feet of floor area. The three-level, subterranean garage provides a total of 295 parking spaces, which exceeds the code requirement by 40 spaces. Thirty-nine of the total spaces are proposed to be tandem parking spaces and 89 spaces (30% of total) are proposed to be compact parking stalls. Current code permits, by right, a maximum of 40% of the total number of parking spaces to be compact. The proposed tandem spaces represent surplus, rather than COde-required, parking spaces. The residential parking is separated from the commercial parking within the first level of the subterranean garage. A separate driveway for use of the apartment residents is provided on Yale street approximately 80' south of the commercial driveway. The code requires two parking spaces per unit for a total requirement of 22 spaces. The previous code did not have a guest parking requirement for residential units. For purposes of comparison, current code vlou1d require two guest spaces for a total of 24 spaces. Twenty-seven standard parking spaces are provided within the residential parking garage, which exceeds the code require- ,- , ment by 5 spaces. This equates to the provision of approximately 2.5 spaces for every unit. ENVIRONMENTAL IMPACT REPORT - 6 - The Environmental Impact Report (EIR) analyzed various areas of potential project-related impacts, including: traffic, circu1a- tion and parking: aesthetics, shadows, light and glare; water and sewer service; business displacement and neighborhood effects. The EIR concluded that the project would not generate significant environmental impacts which could not be mitigated. Some of the major areas addressed in the EIR are discussed below. Traffic and circulation Analysis six critical, signalized intersections were analyzed in the EIR to determine volume/capacity ratios (v/e) and levels of service (LOS) during the morning and evening peak hours. These six intersections are: Wilshire Boulevard and Yale street; Santa Monica Boulevard and Yale street: Wilshire Boulevard and Berkeley street; Wilshire Boulevard and 26th street; Colorado Avenue and stewart street: and Olympic Boulevard and Stewart Street. The traffic impact analysis determined that prior to mitigation, the project would create significant traffic impacts during the evening peak hour at the following three critical intersections: Wilshire Boulevard and Yale street; Santa Monica Boulevard and Yale street; and Wilshire Boulevard and 26th street. The EIR proposed mitigation measures not only reduce the project- related, significant traffic impacts, but also reduce the V/C ratios below the projected cumulative base conditions by amounts ranging between 2% and 18% (Please refer to Table 6 in Appendix B - 7 - of the EIR. [A correction should be noted that the similar Table 4, on page 4-14 of the EIR, contains typographical errors. Table 6 is the correct source.]). These mitigation measures are detailed in section 4.1.3.1 of the EIR and outlined below: Wilshire Boulevard and Yale street Restripe both approaches of Yale street to accommodate a 101 exclusive left-turn lane and a 151 through lane. This would require prohibition of parking during p.m. peak hours on both sides of Yale street for a distance of ap- proximately 1201 north and south of Wilshire Boulevard. This would require a no-parking restriction on approxi- mately 14 on-street, parking spaces during p.m. peak hours. Santa Monica Boulevard and Yale street Restripe both approaches of Yale street to accommodate a 10' exclusive left-turn lane and a 151 through lane. This would require prohibition of parking during p. m. peak hours on both sides of Yale street for a distance of ap- proximately 110 I north and south of Santa Monica Boulevard. This would require a no-parking restriction on ten, on-street parking spaces during p.m. peak hours. wilshire Boulevard and 26th Street Restripe Wilshire Boulevard to accommodate a 12' exclusive right-turn lane in the westbound direction. No loss of parking will occur, as parking is prohibited on the north - 8 - side of Wilshire Boulevard, east of 26th street, due to the existing bus stop. The EIR states that the above mitigation measures would create the. unavoidable significant impact of eliminating 14 on-street parking spaces on Yale street near Wilshire Boulevard and ten on- street parking spaces on Yale street near Santa Monica Boulevard. However, staff does not believe this poses a significant impact for several reasons. The 24 on-street parking spaces are pro- , f posed to be prohibited only during the p.m. peak hours. By limiting parking, the overall cumulative traffic conditions with the proposed project would be improved over what is projected to be the cumulative base traffic conditions ivithout the proposed project. This improvement goes beyond mitigating the project- related impacts and would improve the actual operation of area traffic, thus providing a beneficial tradeoff. Furthermore, the project provides 40 surplus parking spaces above code require- ment. Therefore, the loss of 14 on-street parking spaces during the p.m. peak hours on Yale street near Wilshire Boulevard could potentially be regained within the subterranean garage of the proposed project. Due to these factors, staff did not consider the restriction of a limited number of on-street parking spaces during certain hours to be a significant impact and, therefore, a statement of Overriding Considerations would not be required should the Council wish to approve the project. - 9 - / /' Wastewater Generation The EIR estimates that the office project and 11-unit apartment complex would generate 6,019 gallons per day (gpd) of wastewater. Current wastewater generation for this site is 1,343 gpd, result- ing in a net increase of 4,676 gpd. The net increase represents approximately seven percent of the city I s six-month wastewater allocation. The applicant could be required to attempt to achieve a zero-net flow through a City-approved program should the Council wish to approve the project. SITE REVIEW CONSIDERATION The site Review Permit is required to permit the project to ex- ceed a height of 4 stories/56' and an F. A. R. of 2.5 and to be considered for a maximum height of 6 storiesj84I and an F.A.R. of 3.0. The proposed project is at the maximum requested F.A.R. and is one foot less than the maximum permitted height. The ErR determined that, with appropriate mitigation measures, the sig- nificant project-related impacts could be eliminated. One of these mitigation measures is that the height and bulk of the proj ect be considered in detail to ensure that the office / , , building steps down or otherwise relates to the adjacent residen- tial zone. Compliance with this mitigation could require reduc- tion in number of stories of the development, redesign to provide additional architectural stepbacks or reduction in floor area. A reduction imposed solely on the floor area or floor area ratio of the project would not directly affect the pertinent issues of - 10 - height and bulk of the project, as a reduction in floor area could potentially be accommodated by decreasing the building footprint without reducing the building's height or perceived bulk. Therefore, a more direct control of height and bulk could be accomplished by restricting the number of stories and es- tablishing setback requirements for the project. A redesign of the project would be required to satisfy the design related EIR mitigation measures, as well as to comply with Land Use Element, pOlicy 3.2.1, which states that "al1owab1e 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." staff recommended to the Planning Commission that the project be ( redesigned to a maximum of five stories, not to exceed a height of 70 feet, with the building footprint and setbacks to be main- tained as proposed. Any additional refinement to the building facade which may be necessitated by the loss of the sixth floor to ensure the proportion and rhythm of the structure may be pres- ented to the Architectural Review Board. Assuming no additional stepbacks are required on the upper levels, the reduction of the building to five stories per the staff recommendation to the Planning Commission would have resulted in a total floor area of 64,178 (a reduction of 12,305 sq. ft.) and an F.A.R. of 2.52 (a reduction of 0.48). PLANNING COMMISSION ACTION - 11 - On April 5, 1989 the Planning commission conducted a public hear- ing regarding the proposed project. The Planning Commission had been presented with a staff recommendation for approval of the project subject to a reduction of one story in height, accompa- nied by the reduction in square footage discussed above, as well as a variety of other conditions (see attached Planning Commis- sion staff report). The applicant indicated to the commission a preference to develop the project at the originally-proposed six stories. Concerns raised by the Planning commission included the com- patibility of the proposed six-story development with the sur- rounding neighborhood, lack of project elements justifying the provision of a site review bonus, the use of Yale street instead of Wilshire for access to the commercial development, the removal of on-street parking as a traffic mitigation measure, inadequate provision of open space, the lack of study of the intersection of Arizona and Yale and Colorado and Yale, and several other issues. A motion was made for project approval at an FAR of 2.0 with a four-story height limit and three stories on the residential side of the project, that the design be modified to reflect greater pedestrian orientation on the ground level, that the building , , incorporate an upper level setback as called for by the Land Use Element and Zoning Ordinance, that the ground floor retail space be limited to low-intensity retail, that vehicle access be from wilshire instead of Yale, and that the traffic study for the project be revised. There was general discussion and expressions of support for this motion among the Commissioners present. The - 12 - Planning Commission Chairperson asked the developer if he would be willing to grant a Permit Streamlining Act extension to allow time for redesign. The developer indicated he would not be will- ing to grant such an extension. since the Permit streamlining Act deadline for action on the project was April 12, 1989, and the developer was unwilling to grant an extension allowing the Commission to review a revised design, a motion for denial was made based on lack of compliance with site review criteria including a lack of provisions which would justify a site review bonus, lack of pedestrian orienta- tion, inadequate open space, and significant environmental im- pacts. This motion was approved unanimously by the six Commis- sioners present. APPEAL f On April 19, 1989 Tamar C. Stein, on behalf of Zealund Corpora- tion, appealed the Planning Commissionls action. The appeal 1et- ter oi ted three grounds for appeal: 1) That the Commission I s action was not supported by adequate findings or facts in the record: 2) that the Commission denied the project based on the developer1s refusal to comply with conditions for which the developer maintains compliance was not required, thereby violat- ing substantive and due process and constituting a taking: and 3) that the project has met all requirements of the Municipal Code and therefore approval is warranted. Under the Zoning Ordinance and General Plan, the planning Commis- sion has broad discretion to act on pro) ects, including the - 13 - ability to impose conditions to protect the public health, safety and welfare. The Commission's concerns about the height of the proj ect were originally identified in the Environmental Impact Report for the project. other concerns, such as pedestrian orientation and a desire to change the commercial vehicular ac- cess point from Yale to wilshire, are clearly within the Commis- sionls authority. The Commission I s role in reviewing Development Review app1ica- tions and other discretionary proj ects clearly extends beyond measuring simple compliance with maximum General Plan height and ~ , FAR standards. Under Ordinance Number 1321 (CCS), this review extends to an examination of whether the size and placement of structures is appropriate and relates harmoniously to surrounding neighborhoods, review of the adequacy of circulation facilities to serve the project, and inclusion of mitigation measures to address impacts identified in the environmental review process. The Commissionls actions on this project are within its authority and consistent with its mission of assuring that development en- hances the quality of life in the community. BUDGET/FINANCIAL IMPACT The recommendations of this staff report have no budget/financial impact. RECOMMENDATION It is recommended that the City Council uphold the Planning Com- mission's denial of Conditional Use Permit 512, Development Re- view 446 and Variance 5345-Y subject to the following findings. - 14 - FINDINGS 1. The physical location, size, massing, and placement of the proposed commercial structure on the site and the location of proposed uses within the project are not compatible with and do not relate harmoniously to surrounding sites and neighborhoods, in that the proposed six-story commer- cia1 building is of a larger scale than and will appear , , incongruous with existing, surrounding residential and commercial uses. 2. The granting of a site Review bonus to permit additional height and density bonuses above the zone's base develop- ment standards is not warranted in that the project fails to provide associated amenities such as neighborhood- serving commercial useSi usable open space which is acces- sible to the publiCi public art; substantial tiering, stepping back and lowering of the structure to blend with surrounding lower-scale development; adequate articu1a- tion of the building design and an interactive design pro- moting pedestrian orientation to the street. 3. That the Planning Commission's actions were appropriate to protect the health, safety and welfare of the community, and within its powers under the laws of the city and the state of California in that the Commission's desire for a revised traffic study was appropriate under the require- ments of the California Environmental Quality Act, which requires that decisionmakers be provided with adequate - 15 - , , r information on potential environmental impacts of proj- ects, and that the commission felt that several intersec- tions should be studied in relation to traffic impacts of the proj ect; that Ordinance 1321, to which this proj ect was subj ect, clearly contemplates a discretionary review process for Development Review projects, including condi- tional approvals; that Ordinance 1321 also requires com- pliance with the General Plan and the developer was un- willing to grant a processing extension to allow redesign so as to comply with reasonable design changes desired by the Planning Commission to ensure compliance with the General Plan, which changes included revised height, step- backs, FAR, ground floor orientation and vehicle access to the project. That under the Zoning ordinance and General Plan, the Planning commission has broad discretion to act on projects, including the ability to impose condi- tions to protect the public health, safety and welfare. The commission I s concerns about the height, relation to surrounding properties, and pedestrian orientation of the proj ect were originally identified in the Environmental Impact Report for the proj eet as potential adverse im- pacts. other concerns, such as pedestrian orientation and a desire to change the commercial access point from Yale to Wilshire, are clearly within the Commissionls purview in its exercise of good planning principles and inter- pretation of General Plan policy and Municipal Code re- quirements and form the basis for the Planning Commis- sion's denial of the project. - 16 - 4. Under Ordinance 1321 and site review criteria of the Land / , Use and Circulation Elements, the Planning commission properly found that the size and placement of structures in the proposed project is not appropriate and would not relate harmoniously to surrounding neighborhoods, and that circulation facilities to serve the project would be in- adequate. The Commission I s actions on this proj ect are within its authority and consistent with its mission of assuring that development enhances the quality of life in the community. Prepared by: Shari Laham, Associate Planner D. Kenyon Webster, Principal Planner Attachments: A. Municipal Code and General Plan Conformance B. Radius and Location Map C. Project Description, Submitted by Applicant D. Summary of Project E. Letter from Applicant, dated 2/16/89 F. Protest Letter, dated 3/9/89 G. Final EIR H. Plot Plan, Floor Plans, Elevations and Section I. Planning Commission staff Report I. Planning commission Statement of Official Action J. Letter of Appeal SL PC/CCUP512 09/13/89 - 17 - ATTACHIvIENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Category Land Use Municipal Code Element Permitted Use C4: General Commercial commercial Height Residential Height Commercial Setbacks Front yard Sideyard Rearyard Residential Setbacks Front yard Sideyard Rearyard commercial F.A.R. Parking R2 & R2A: Low-Density Residential 6 stories/90' 2 stories/3D' 01 01 231 201 91 151 3.3 General Commercial Low-Density Residential 4 stories/56; with Site Review: 6 stories/841 Same as Municipal Code Same as Code Same as Code Same as Code Same as Code Same as Code Same as Code 2.5; With site Revie\v: 3.0 255 commercial spaces; Same as Code 22 residential spaces - 18 - Project General Office Low-Density Residential site Review: 6 stories/83, 2 stories/211 6' - 28' 201- 22' (east) 6' - 8' (west) 351-611 201 91 - 50' 15' With site Review: 3.0 295 commercial spaces; 27 residential spaces ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Land Use Category Municipal Code Element Permitted Use C4: General General Commercial Commercial Commercial Height Residential Height Commercial Setbacks Front yard Sideyard Rearyard Residential Setbacks Front yard Sideyard Rearyard COmJ'llercial F.A.R. Parking R2 & R2A: Low-Density Residential Low-Density Residential 6 stories/gO I 4 stories/56; with site Review: 6 stories/84, 2 storiesj301 Same as Municipal Code 0' Same as Code 0' Same as Code 23' Same as Code 201 Same as Code 9 ' Same as Code 151 Same as Code 3.3 2.5; With Site Review: 3.0 255 commercial spaces; Same as Code 22 residential spaces - 19 - project General Office Low-Density Residential site Review: 6 stories/83, 2 storiesj2l1 61 - 28' 20' - 22 t (east) 61 - 81 (west) 35'-6" 20' 9' - 50' 15' with site Review: 3.0 295 coltlll'lercial spaces; 27 residential spaces . '.. A-t~eJr "B.I r-:: II J. I)" ~'Ml J 101 ~ "2 J. ,.J J "~=5 ~~., .: I.T '.A~ Ji;) .n' ; ! 1 Q l "" . ~/" :~U:-I-I- ;-I~:h:y : 1: ~: 1.: ~: i ': J~1!i~;: 'i.~. B~~ STREET "i . '" - ~ - j - I - . ~ I - II - ~- '-.. ., jjl !oI 5 52 53 ~ SI f i: 1 ~~ 5T ; ;l~ 0)11 ~ .. _...,.~; I~_ ~~r;\~~~-I ; . . . GI ~~~cn~@ ~ "" 1 -~o S-rAA.l~Ol2:CI / \ 92-94 STRm i., . 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'M ~. ~ . . . . - 8 ~~ - 'M.l \ c ! · , 1. 1 H."L i '~': ~. ~ I ~ >. i. '31 · - _-l:' If. r 1-...... I' 2:!!"'l i ~ \l: }... ~I 8 1,4' - t.. I . Z ~ .. II I H . .\ - c' r"! r -'--S€R1r zA 5345- r ~ CASE NO DK L.itJ fr, . LC P 5 i g.... ZON~ ~~ . Q 2.11. Q:r 1-0 r " & i-I<. 7 A R r&:,S_,4 rA. LEGAL DESCRIPTION ~rs I-~ H M 3'l>tINSl!M/S S(,I/!JD. ,r ' I $1..QOO ""'~s of,l(E" .....v&1'. I STREET ADORESS /';:',20 Y.4~..s-r. I, '. . . "Z j I APPLICANT eO '1I'""\rt . .- C~X- t'i ' OATE 'd -,)~- ~) ~ RADIUS MAP FOR PUBLIC' He....RING OME , q,l ",:i~q , I ~ I?ILb-\INHM 0 ~@ [Q)~[Pt!.\~lftI ~~ij.. . . CDn @f1 .SA.4--'~- Jho.--.~ ~U~Ii'tM9& I..,...""e, ....U.,M..p Shut .... -:::;] e~-04-:J- A (j --- AttfQftt1E?Nf lit (, - \ , ProJect Description for CUP512, DR446, ZA5345-Y 2900 Wilshire Blvd. ReYlSed as of April 15, 1988 Project Site The project site for the proposed mixed use commercial and residential complex is located at the southeast corner of Wilshire Boulevard and Yale Street. The property is zoned C4 on lot 1 of Block 7 Artesian Tract and R2A and R2 respectively on lots 2 and 3 of H.M. Johnson subdivision. The parcel is currently in commercial use as the Madame Wong West dance club and parking lots. Project Description The proposed project consists of the removal of the existing building and the construction of a six story quality office building totalling 76,483 square feet on the C4 lot and a two story, 11 unit apartment complex on the R2 and RZA lots. Office Building Component Design The proposed 76,483 square foot office building is designed in a traditional manner with a distinct base, middle and top. The base of the building, consisting of the first and second floors, is articulated with bay windows and a colonaded entry at the Wilshire Boulevard frontage. Floors 3 - 5 comprise the middle levels of the building and are articulated with "punched" windows that emphasize the structural framework of the building. The sixth floor is designed with arched windows to effectively unify and terminate the architectural composition. Stepbacks to reduce the apparent mass of the builing are provided along the Wilshire Blvd. frontage and along the south side of the building. Additionally, the building is designed to reinforce the street frontage along Wilshire Boulevard. Proposed materials for the office building include warm-colored granite and tinted glass above the ground floor level. The interior lobby will be finished with a combination of polished and flame finished granite to complement the building exterior. Uses The office building is designed to accomodate a variety of small and medium sized professional firms and will serve both the local and regional community. No medical office uses are proposed. . Parking Under Municipal Code requirements a total of 255 parking spaces are required for the office building. A total of 299 parking spaces with 257 separately accessible spaces will be provided for the office building with,n 3 subterranean parking levels. '- A Conditional Use Permit has been requested to pernllt the subterranean parking for the commercial use to be extended under the R2 zoned lot. This request will not affect the character of resldential property above-grade since access to the commercial parking will be provided from a ramp on Yale Street that is located wlthin the portion of the property zoned C4. Vehicular circulation in the area will be improved by the elimination of the existing curb cut on Wilshire Blvd. AdditionallYt the proposed parking ramp is designed to accomodate vehicular queuing within the project sitet minlmizlng the potential intrusion of vehicles onto Yale Street. Residential Component Design The proposed two story 11 unit apartment building is designed in a mediterranean style and is sited in a u-shape around a common landscaped patio area. The building features a stucco exteriort rusticated ground floor treatmentt arched windows and a clay tile roof. Each unit will contain two bedrooms and will range from It050 square feet to 2,150 square feet. Parking A total of 22 parking spaces are required for the 11 unit apartment complex per Municipal Code requirements. A total of 21 parking spaces are provided with access from Yale Street which is separate from the access to the commercial parking. These spaces wlll be for exclusive use of the apartment complex and no lnternal circulation will be provided between the commercial and residential parking. Setbacks Under Munici pal Code requirements the apartment buildi ng ; c; required to provide a 20' front yard setback, 9' sideyard setbacks and a 15' rearyard setback. As proposed, the project includes a 20' front yard setback, sideyard setbacks ranging from 9' - 24' and a 15' rearyard setback. The front and side yards will feature considerable landscaping which will complement the mediterranean styled building. '. . . .. ", A variance has been requested to elimlnate the required 4' unexcavated sideyards and permit subterranean parking to extend to the property lines beneath the residential building. The intent of the code requirement for a 4' unexcavated area is met because ample landscaping wlll be provided within the setbacks even though the area below will be excavated in order to provide adequate clrculation for the development. Project's Compliance with Municipal Code Requirements and Land Use Element Policies The proposed mixed use development is consistent with both the Municipal Code requirements for the C4, R2, and R2A zones and Land Use Element policies for the Wilshire Blvd. commercial corridor and abutting residential property to the south. The commercial component complies with the Land Use Element site review thresholds of 6 stories, 3.0 FAR for the Wilshire Blvd. commercial corridor. The residential component complies with the R2 density standards of one unit per 1500 square feet of lot area. No density bonus units are included, and it is intended that in lieu fees will be paid to satisfy both Program 12 of the Housing Element and the Housing and Parks Mitigation Program outlined in the Land Use Element. As proposed, the residential project will replace an R2 lot that is currently used for commercial parking. This is consistent with Policy 1.2.2 of the Land Use Element which requires that surface parking lots. zoned residential, and adjacent to highway coomercial corridors be reserved for residential use or public open space when redeveloped. The proposed project is consistent with Policy 1.6 of the Land Use Element in that the office building will accomodate commercial office uses serving local and regional community needs while respecting the adjacent residential neighborhood to the south by providing a landscaped area on the south side of the coomercial building, adjacent to the pa rk i ng ramp to act as a buffer between the corrmercf a 1 building, the proposed residential project and other existing residential development on Yale Street. The provision of this landscaped area is also consistent with urban design policies 3.2.1 and 3.2.2 of the Land Use El ernen t whi ch requ ire an appropri ate transition to be provided between the commercial and abutting residential zones. In addition to the landscaped area, the stepbacks a long the Wil shi re Blvd. frontage and adjacent to the proposed residential bUilding also comply with Policies 3.2.1 and 3.2.2 in that they help to provide a transition between the cOlTl11ercial and resldential development and also mitigate the project's visual bulk and mass. The proposed offi ce bu 11 di ng is also cons i stent wi th urban des i gn policy 3.1.2 of the Land Use Element in that proposed building materials will be non-reflective and light colored. . . \ '- The circulation plan is consistent with Policy 3.3.2 of the Land Use Element which encourages vehicular access from side streets in that the project will eliminate an existing curb cut on Wilshire Blvd. and will provlde vehicular access to the subterranean parking from Yale Street. Consistent with land Use Element policies 3.3 and 3.3.1, the project will feature pedestrian oriented design amenities including a public plaza area on Wilshire Boulevard and a colonaded entry and recessed walls along the ground floor street frontage. Conclusion The proposed proJect is consistent with the existing Municipal Code requirements and land Use Element policies for the district. The project meets the criteria needed for site review approval in that the physical location of the buildings and the location of the uses are compatlble with the surrounding area. Additionally, findings can be made to support the variance, in that the excavated sideyards will not be detrimental to the neighborhood or surrounding area and they enable the project to provide adequate vehicular circulation. The project will replace a residentially zoned lot in use as a commercial parklng lot with a residential building. By developing a six story office building, the developer is able to incorporate considerable landscaped open space into the project while still achieving an economically feasible project. The landscaped open space wi 11 provi de an appropri ate buffer and trans i t i on between the comrnerclal building and adjacent residential property. Parking and circulation is adequate for this project in that on-site parking in excess of code requirements is provided and queuing of vehicle deliveries will be accomodated on site with no intrusion into the residential neighborhood to the south. The project will meet the Housing and Parks Mitigation Program through the payment of in lieu fees and therefore an additional source of revenue will be provided to the city as a result of this project. '. kr2j2900wil ~ A~.1Y GIN WONG ASSOCIATES P...Af\i"'.....G .::.......: .:..c~.... ..~_:..~ c,;;: PROJECT St."MMA.RY 1217 YALE STREET SANTA MONICA, CALIFORNIA . February 10, 1988 GROUND LEVEL: All parking :II 26 cars provided req'..lired == 11 x 2.0 = 22 cars Guest parking = 4 cars FIRST LEVEL Unit lA 2 bedrooIIls/2 baths 2,150 s.f. Unit lB 2 bedrooms/2 baths 1,:300 s.f. Unit lC 2 bedrooIIls/2 baths 1,050 s.f. Unit ID 2 bedrooms/2 baths 1,050 s.f. Unit 1E 2 bedrooms/2 baths 1,050 s.f. Unit 1F 2 bedrooms/2 baths 1,300 5.f. 71900 s.f. SECOND LEVEL Unit 2A 2 bedrooms/2 baths 1,300 s.f. Unit 2B 2 bedrooms/2 baths 1,050 s.f. Unit 2C 2 bedrooms/2 baths 1,050 s.f. Unit 2D 2 bedrooms/2 baths 1,050 s.f. Unit 2E 2 bedrooms/2 baths 1,300 s.f. 5,750 s.f. Corridors, Laundry Room 1,200 s.f. TOTAL 14,850 s.f. (8744PS2) .~ ;346 :;'V'C C.E,.,.TE::::j CI:j-V'E B:=:-.../ECL. Y ,...iLLS CAU;::C-Flt....A ;021C J6C4 2~3::5C.8:J:J GIN WONG ASSOCIATES ~~A""''''''.'''''G ;;..r-.:) ..1.:i11::::....-r-e::;....UCl~ PROJECT SUMMARY 2900 WILSHIRE BOULEVARD SANTA MONICA, CALIFORNIA February 16, 1988 revised March 30, 1988 revised March 24, 1989 FLOOR ADJUSTED GROSS AREA Plaza 2nd 3rd 4th 5th 6th 10,120 13,895 13,549 13,549 13,065 12.305 TOTAL 76,483 76,500 S.F. 255 CARS ALLOWABLE FAR - PARKING REQUIRED = PARKING SUMMARY Level Standard Compact Tandem H.C. Total P-1 24 19 4 5 52 P-2 77 34 21 0 132 P-3 ~. :'6 14 Q 111 162 89 39 5 295 54.9% 30.1' 13.2% 1.7% 100.0% Gross Area - Glass to glass building area minus floor openings such as elevators, stairs, and mechanical shafts. Net Usable - Gross area minus corridors, restrooms, telephone, electrical, and mechanical spaces. (8744PS) '. 93445 CIVIC ce"'Tr;A :lAI"e 3EvERI-V HII-LS C....,~OANI.. go~,o-:)I$O" 2':) 550 , 8;)0 ( ... ~ktOdlmarr+ \.~/' February 16, 1989 'TY f":F"'" t - , """""" ::..: _, ': .', - '; :'>ii)r/.I"'M . I. .'--'r~_ Ms. Shari Laham Associate Planner Planning Division City of Santa Monica 1685 Main Street Santa Monica, CA 90401 [,S rEg 17 A 9 :1 0 Re: Comments to DEIR 872 for the 2900 Wilshire Blvd. Project Dear Ms. Laham: We are the developers of the 2900 Wilsh~re Boulevard project. We have specific comments with respect to the DEIR itself, however, before making those comments, we feel that attention must be directed to certain elements of the process itself as it appears that they may have unintentionally resulted in gross inaccuracies that are prejudicial both to the process itself and specifically to our project. The project description in our case is incorrect. It allocates over 10,000 square feet to a bank usage which, in turn, leads to the erroneous conclusion that the project will generate 2,995 new trips, while in fact the proposed use will decrease trip generation by 855 trips. That specific comment will be discussed in detail later in this letter and also in our traffic engineer's analysis; however, I must dwell on it at this point to make it clear that the project misdescription has already resulted in extreme prejudice. We, as the developer of the project, should have been given an opportunity to correct the error before the DEIR was printed. The failure to afford us this opportunity has unnecessarily prejudiced the project. To say that the comment period gives us an opportunity to correct errors of this type is equivalent to throwing a drowning swimmer a How To Swim book. We must also note that there are two other similar projects on Wilshire Boulevard that are in the approval process and all of the projects have been awarded to the same contractor to write the EIR. Reading each of the three side by side shows marked similarities to the point of approaching what we call a "shelf study. II It seems to us that different contractors should be used to prepare EIRs in order that the City be exposed to different perspectives. The mindset that appears to prevail in . 1726 Sa" V,ce"'::e 81va Sw'te 360 '-os A"'geles CA 900<<:9 USA 'e' 820-5533 "rele" 69' 158[ZA.RNEGN E!VI-<L) < Ms. Shari Laham February 16, 1989 Page Two all three of the EIRs is one that assumes the IIworst case scenario. II Facts, logic, sense and reason are abandoned in favor of what could appear to be a predilection to beat all projects to death with the EIR. The report not only needs to be complete and accurate, it needs to be even-handed. Lastly, it doesn't seem correct for the City to "shoot down" all projects on account of their traffic generation because the City has failed in its responsibility to provide proper traffic planning. The City seems to be horrified at the thought of adopting simple traffic mitigation measures such as banning on-street parking on wilshire Boulevard and other heavily traveled streets during peak hour traffic which is a mitigation measure that almost every municipality has adopted. The balance of the comments in this letter will specifically address the DEIR as opposed to the process itself. These comments are focused in the areas of traffic, aesthetics, shadows, neighborhood effects, and alternative analysis. The comments were prepared by the technical consultants to our. project team. Linscott, Law and Greenspan, Inc., Engineers prepared the traffic impact analysis (Attachment A). Gin Wong Associates, Architects prepared the shadow analysis and comments on the analysis of aesthetics, compatibility with the neighborhood and loss of privacy issues raised (Attachment B). A list of typographical corrections necessary is also included (Attachment C). An overview of the comments is provided below. 1. It is critically important to recognize that the project description which allocates uses to square footage is incorrect in the DEIR. This error is carried throughout the traffic impact analysis, dramatically skewing the impacts upward. The project description on page 3.1 incorrectly implies that the entire plaza level is intended for banking use. Pages 4-8 under 4.1.2. Project-Related Traffic Impacts states that "A 66,363 square foot general office, a 10,102 square foot/bank savings and loan and an ll-unit apartment complex are proposed for the project site." This definitiGn is incorrect. '.. " 1726 Sa" Vlcent:e 80vd S..,,:;e 360 Los Angeles CA 90049 USA Te' 8:20-5533 Tele>< 691 158(ZAl"lNEG'N SV:-;L) Ms. Shari Laham February 16, 1989 Page Three The correct project description is: A 76,483 square foot general office buildinq and an II-unit apartment complex are proposed for the site. If any financial services at all are included in the tenant mix, they would be in the form of services for the building tenants as defined in Code 710. This inaccurate project description allocating 10,120 square feet to a banking use, led to the use of an inappropriate trip generation factor based on ITE land use definitions. The General Office Building definition, Code 710 on page 4-8 is the applicable definition, not the Code 911 definition used on page 10. The attached traffic analysis, prepared by Linscott, Law and Greenspan addresses several aspects of the EIR traffic analysis with which we strongly disagree. First, the trip generation definition is corrected to use the Code 710. Second, the intersection impact analysis methodology is refined. Third, the cumulative base impacts are extended for 5 years instead of the 20 years used in the DEIR analysis (Section 4.1.2). Finally, correction is made to the trip generation of the existing site' use, Madame Wong's Restaurant/Night Club (pages 4-10). The net change in trips generated (difference in trip generation between the existing use and the proposed use) has been revised. THE RESULTS OF THESE APPROPRIATE REVISIONS TO THE METHODOLOGY USED IN THE DEIR TRAFFIC ANALYSIS ARE THE FINDINGS THAT (i) 855 FEWER TRIPS WILL BE GENERATED BY THE PROPOSED OFFICE BUILDING; AND (ii) THE IMPACT ON ALL INTERSECTIONS INVOLVED WILL BE BELOW THE THRESHOLD OF SIGNIFICANCE IDENTIFIED BY THE CITY TRAFFIC ENGINEER. In addition to the erroneous allocation to a bank use, 1t also is apparent that the DEIR has overlooked the fact that if a new office building is not built, the probabilities are that the site would be returned to its former use, such as the Fox & Hound Restaurant, which generated over 2,000 trips per day and when most of the guests parked their cars on local residential streets. Certainly, an office building is a better neighbor than such a restaurant use. The office building is closed when the neighbors are at home at night and on the weekends. It 1S open only during daytime and not during the evening and weekends. For the EIR to be complete and accurate th~se facts must be recognized. . 1726 San Y'ee~~e SlvC S.....l:e 360 Los Angeles CA 90049 USA ~e' 820-5533 ~eleJ( 69.. 5SfZAQNEGIN !3Y....!..] Ms. Shari Laham February 16, 1989 Page Four 2. Gin Wong Architects has prepared shadow studies which go beyond the analysis provided in the DEIR. On pages 4-27, the text states, "It should be noted that the shadow illustrations do not show the shadows cast by exist1ng buildings and do not indicate how the long shadows would be blocked by surrouding buildings. Many shadows would not extend their full length across the ground since they would be interrupted by intervening buildings." Shadow studies which are provided herein and do take into account the surrounding buildings indicate that the proposed structure will not add to the existing shadow impacts already present in the area. 3. Studies have also been included which refute the assertion made on pages 4-49: liThe size of the proposed office building may also result in some loss of privacy for the nearest neighbors. The height of the building may enable those on the uppermost floors to look down into nearby residential properties. The nearest residential sites which may be affected by this condition are the residential properties immediately south of the project site on the easterly and westerly sides of Yale and Stanford streets, respectively. 'I This statement is included without any documentation to demonstrate its accuracy. We have provided in Attachment B exhibits which demonstrate that there will be no additional impact on residential privacy as a result of this project which doesn't already exist in the area. 4. Section 5.0 which discusses Alternatives and Table 8 which compares them will need to be revised to reflect the corrections to the project description. Alternative 2 should exclude the "bank and savings and loan occupying the ground floor" which makes it identical to Alternative 3. Please review Attachments A, B, and C which provide the specific technical analysis of the items summarized above. -. . ^ 726 Sa" V'cence 8'vd Su.ce 360 Los A"ge;es CA 90049....JSA ie' 82::J-5533 Telex 691 ~ 58(ZA~NEGI"" 3VHL' '- Ms. Shari Laham February 16, 1989 Page Five The Final EIR should, in order to be complete and accurate, adopt the above comments. Sincerely, ZEALUND CORPORATION By ;Z~I/ LWK/ndr/89203 Enclosures -. 1 1726 San V'cent;e 81"0 S"",.e 360 LoS Angeles CA 90049 USA Te' 820-5533 Telex 89' 158[ZARNEGIN aV'-lL)