SR-402-010 (24)
PCD:SF:JT:AS:f:\plan\share\council\strpt\2003\808wilshiredr02.011.doc
Council Mtg: July 8, 2003 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Appeal 02APP-027 of the Planning Commission’s Denial of Development
Review Permit 02-011 Amending the Conditions of Approval of
Development Review Permit 467 To Allow the Conversion of a Service
Station and Removal of Three Auto Repair Bays Within the Existing
Building at 808 Wilshire Boulevard. Applicant/Appellant: Douglas Emmett
and Company. Address: 808 Wilshire Boulevard
INTRODUCTION
This report recommends that the City Council uphold the appeal, and overturn the
Planning Commission’s denial of the modification of the conditions of approval of
Development Review Permit 467 related to the requirement for a service station within
the building at 808 Wilshire Boulevard. The Planning Commission, at its December 18,
2002 meeting, voted 4 to 2 to deny the proposed project. The appeal statement is
contained in Attachment B and the Planning Commission staff report and Statement of
Official Action (STOA) are contained in Attachment C and D respectively.
BACKGROUND
On January 16, 1990 the City Council approved Development Review Permit 467 for
the existing building at 808 Wilshire Boulevard. The 4-story, 75,000 square foot building
was approved with office/retail uses and an enclosed on-site service station on the
ground floor, and office uses on the upper floors. Upon approval, the Council remanded
the project to the Planning Commission to further refine the allowable uses and design
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specifications. The Commission’s approval required the project to provide a minimum of
50% of the ground floor space for neighborhood serving retail and pedestrian oriented
uses including all space within 30’ of Lincoln and Wilshire Boulevards. The service
station square footage was counted toward the 50% neighborhood serving
retail/pedestrian oriented use requirement. Project construction was completed and a
certificate of occupancy was issued in 1996. The City Council Statement of Official
Action (January 16, 1990) and Planning Commission Statement of Official Action
(March 7, 1990) are provided in Attachment E.
A previous property owner filed a Development Review Permit application (DR 97-013)
in October 1997 to convert the ground floor service station use to office and retail uses
and modify the conditions of approval to allow office uses as well as retail/pedestrian
oriented uses within 30’ of the ground floor street frontage along Wilshire and Lincoln
Boulevards. On October 7, 1998 the Commission unanimously approved the request for
conversion of the service station, but retained the requirement for the minimum 50%
ground floor neighborhood serving retail and pedestrian oriented uses component within
30’ of the Wilshire and Lincoln Boulevard frontages. The Commission’s decision was
appealed to the City Council.
On March 16, 1999, the City Council considered the request on appeal and overturned
the Planning Commission’s approval. The Council’s decision to deny the request was
based on public testimony that indicated the prior property owner did not operate in
good faith, had violated existing DR conditions of approval, had never attempted to find
a service station tenant and had not worked with the neighborhood area organizations
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to address their concerns for the building, including monitoring vehicles that would
illegally park along Lincoln Court alley adjacent to the building. Additionally, the project
was in violation of the ground floor pedestrian use condition (see City Council Statement
of Official Action – Attachment F). As a consequence, the Council directed staff to work
with the building owner and neighborhood groups to facilitate land use discussions on
potential ground floor uses and maintain on-going enforcement of violations. Staff has
actively monitored the building for changes in the ground floor uses and established a
guide for future ground floor uses consistent with the conditions of approval.
In June 2002, the current owner of the building requested an amendment to the
conditions of approval to allow for the conversion of the service station to other
permitted uses in the C4 Highway Commercial district and reduce the ground floor
neighborhood serving uses requirement from 50% to 45%. The proposed Development
Review Permit modification would eliminate the requirement for an on-site service
station and all conditions pertaining to such use and permit the conversion of three auto
repair bays located in the subterranean garage to parking. The Planning Commission
denied this request on December 18, 2002. On December 23, 2002, the applicant
appealed the Planning Commission’s denial.
ANALYSIS
Prior Project Approval
When the original project was proposed in 1990, the development process allowed for a
“site review bonus”. This process allowed projects greater height and floor area than
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permitted in the Zoning Ordinance, up to the maximum permitted by the Land Use
Element (Commercial Corridors Policy 1.61). This additional floor area and height was
assessed with consideration for the amenities and public benefits of a proposed project.
The service station was considered by the community as a project amenity that would
serve the nearby residential neighborhood. At that time, a number of service stations in
the City were being redeveloped to other uses. Concern was raised regarding the
elimination of these neighborhood-serving uses. Staff believes that this concern was a
factor in the project’s approval.
The applicant had also offered funds to rehabilitate Miles Playhouse and provide off-
street parking for the theater as a City benefit in order to develop the parcel with the
greater height and FAR allowances. However, the project size, mass and scale was
significantly reduced upon approval in 1990. Therefore, the applicant’s offer to Miles
Playhouse was withdrawn and was never incorporated into the project.
Current Proposal
The applicant/appellant proposes to convert the existing built-out ground floor service
station enclosed within the building’s envelope to uses consistent with those permitted
in the C4 Highway Commercial District, excepting those currently prohibited by DR 467.
The service station was fully constructed with all the necessary gasoline fueling
equipment and underground tanks in compliance with legal requirements at the time of
construction; however, no tenant has ever occupied or used this space since the
building was completed. The Wilmont neighborhood group has considered the
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proposed changes at two meetings and supports the removal of the gas station if the
minimum percentage of neighborhood serving retail and pedestrian oriented uses
remains at 50% on the ground floor.
Seven existing conditions of approval that relate to the service station and ground floor
uses would require modification or elimination. City Council Conditions #33 and #40
and Planning Commission Conditions #2 and #6 regarding the hours of operation and
design criteria for the service station would be eliminated. The service station reference
in City Council Condition #34 would also be eliminated. City Council Condition #43
requiring a percentage of the project ground floor be pedestrian uses and Planning
Commission Condition #1 regarding the depth of ground floor retail uses would be
eliminated and combined into new Condition #46 as the applicant/appellant now
proposes to increase the depth of the pedestrian oriented uses along Lincoln and
Wilshire Boulevards. The conditions read as follows:
[Note: strike-out text would be eliminated and text in italics would be added and
incorporated into new conditions of approval]
City Council Conditions
33. Lighting for the relocated gas station shall be designed and directed so as to not
spillover into adjacent residential districts.
34. To mitigate adverse height, bulk, and traffic impacts of the project as identified in
the EIR and by the Commission and Council on appeal, the building height shall
not exceed four stories/56' along Wilshire Boulevard and shall step down to three
stories/45' along Lincoln Boulevard. The project shall be remanded back to the
Planning Commission for further review as indicated herein. Floor area shall be
limited to a maximum of 75,000 square feet with a maximum 2.5 FAR in the
Wilshire Corridor District and 1.5 FAR (2.0 overall average) in the Lincoln-North
District. The Planning Commission shall review the design of the building,
project access and increased landscaping along Lincoln and Wilshire Boulevards
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in order to ensure that the project does not substantially differ from the project as
discussed and certified in EIR 884. The service station shall continue to show no
alley ingress/egress. A minimum of 50% of the ground floor shall contain retail
uses consistent with the category of retail uses permitted in the C6 and C4
Districts and General Plan Districts. The interior courtyard shall be maintained
on the site. Ingress/Egress to the subterranean garage shall be provided from
Lincoln Boulevard and/or Wilshire Boulevard only.
40. The service station shall contain a mechanical exhaust system that directs air
and odors away from the adjacent residential district.
43. The ground floor retail uses shall be pedestrian oriented uses that emphasize
and encourage neighborhood resident use. Retail or pedestrian serving uses
shall constitute at least 50% of the ground floor uses. The developer shall work
cooperatively with City staff, neighborhood representatives and the
Neighborhood Support Center staff in identifying appropriate tenants and uses.
The development of a restaurant or other eating establishment that contains
more than 50 seats or includes the sale of on-sale alcoholic beverages shall
require further Planning Commission review/approval.
46. A minimum of 50% of the ground floor space shall be pedestrian oriented retail
and neighborhood serving uses The ground floor spaces fronting on Wilshire,
including the tenant space to the west of Lincoln Court alley; the tenant space
located in the northwest corner of the building at the intersection of Lincoln and
Wilshire Boulevards; and the tenant space along Lincoln Boulevard just south of
the buildings entry staircase and north of the driveway to the subterranean
parking area, shall contain pedestrian oriented or retail uses. Pedestrian
oriented uses on the ground floor shall be as follows: 33 feet along Wilshire
Boulevard east of the Wilshire Boulevard entry lobby; 48 feet along Wilshire
Boulevard west of the Wilshire Boulevard entry lobby; and 42 feet along Lincoln
Boulevard except where lease depths may be interrupted by fixed core building
elements such as exit stair shafts or mechanical shafts. The former service
station square footage may have a pedestrian serving use, however the
minimum 50% requirement for the ground floor street frontage along Wilshire
Boulevard and Lincoln Boulevard shall not mandate such a use within this space.
Planning Commission Conditions
1. Prior to submittal of plans to the Architectural Review Board, the applicant shall
revise the floor plans to show retail ground floor uses that extend to a minimum
depth of 30 feet along both the Wilshire and Lincoln Boulevard Street frontages.
Plans dated May 8, 2003 indicate a depth of retail or pedestrian serving uses on
the ground floor that extend from Wilshire and Lincoln Boulevard street frontages
toward the building’s interior. These lease areas fall within existing suites and
exclude the interior atrium, hallways and elevator areas. The uses within these
suites shall be retail or such uses that are consistent with pedestrian or
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neighborhood serving uses.
2. The service station and retail hours of operation shall not extend beyond 6:00
a.m. to 10:00 p.m., Monday through Saturday, and 8:00 a.m. to 8:00 p.m.
Sunday.
6. The developer shall install right-turn only signage at the service station driveway
exit that leads traffic back onto Lincoln Boulevard.
Since the building has completed construction, staff recommends, a number of building
construction conditions be eliminated. See the attached findings and conditions.
Finally, the applicant/appellant requests that allowable uses replacing the service
station be office, retail or other uses permitted by the C4 zoning district standards,
excluding those uses (medical offices and banks) specifically disallowed in the existing
approvals associated with DR 467.
The applicant/appellant has amended the project description and application request
following the Planning Commission hearing. The applicant/appellant no longer requests
a reduction in the 50% neighborhood serving retail and pedestrian oriented use
requirement on the ground floor and, in fact, proposes to increase the depth of such
uses at the street frontage along Lincoln and Wilshire Boulevards. In addition, the
applicant/appellant has amended the project application to propose a benefit to the City
specifically relating to Miles Playhouse. This proposal, to provide parking of up to 100
spaces for patrons, cast and crew of the Miles Playhouse, is intended to replace the
public amenity and community benefit that would have been provided by the service
station. As proposed by the applicant/appellant, the parking spaces, which would be
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shared with tenants and visitors to the building, would be available Thursday and Friday
evenings from 6:00 p.m. until 11:00 p.m. and on Saturdays and Sundays. Parking
would also be available on Saturday’s and Sundays for up to two shows per day. The
spaces would be available to cast, crew and patrons (Attachment G).
Planning Commission Action
The Planning Commission, in denying the permit, expressed concern over modifying the
original conditions of approval. The Commission stated that the developer should retain
the service station as it was originally proposed since it was required as replacement of
the previous service station on site that served the local neighbors. The Commission
expressed concern that modifying the conditions resulted in the elimination of a
community benefit that was integral to the projects’ original approval. The Commission
majority dismissed the applicant’s argument regarding safety concerns inherent with the
operation of the on-site service station and believed that the potential safety issues
associated with the operation of the service station within the office/retail building were
addressed at the time of project approval. Finally, the Commission cited the lack of
evidence to support the applicant’s contention regarding the economic viability and
marketability of the service station. The Planning Commission December 18, 2002
minutes are contained in Attachment H.
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Appeal
The applicant/appellant requests the City Council reverse the Planning Commission’s
decision. The applicant/appellant is requesting the conversion of the service station for
reasons related to the safety and marketability of the existing service station facility.
The applicant/appellant believes that a facility that receives and stores large amounts of
volatile fuel, enclosed within an office and retail building and across an alley from
residential uses, poses a life and safety risk. According to the applicant/appellant, the
risks include: 1) the potential for large gasoline spills during transfer from tanker truck to
the service station storage tanks; 2) vehicle collisions with fuel dispensing islands,
rupturing fuel lines resulting in a gasoline spill; and 3) improper use of the dispensing
nozzle resulting in a gasoline spill.
The Santa Monica Fire Department has a number of concerns if the service station
were to be operated. Although the Fire Department approved the plans for the service
station and inspected the built-out facility during the building’s final inspection in 1996,
substantial modifications would be required to comply with current regulations prior to
receiving an operating permit from the City and State regulatory authorities. According
the City’s Fire Marshal, physical modifications of the existing systems would be required
to bring the facility into compliance with current Fire Code. In addition, the City’s
Environmental Programs Division, which is in charge of service station and underground
fuel tank monitoring, would require that the station demonstrate compliance with current
standards of the South Coast Air Quality Management District (AQMD) and California
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Air Resources Board. This AQMD compliance is expected to require facility upgrades
that may pose significant structural changes.
The applicant/appellant has presented a number of reports from Aptech Engineering
Services to address safety concerns and risk of explosion associated with the operation
of the service station within an office and retail building (Attachment P).
The applicant/appellant provided staff with a traffic and circulation study for the existing
service station layout and design (Attachment J) that was analyzed by the City’s
Transportation Management Division. In this study, which was prepared for the
applicant/appellant by Kaku Associates, the applicant/appellant contends that the on-
site circulation poses many hazards, is inefficient and ill conceived. However, staff does
not fully agree that the service station’s circulation design is entirely inefficient for use as
a service gas station.
The study also notes and staff agrees that the change of use from a service station to
office or retail uses will result in fewer project related vehicle trips and reduced impacts
at the intersection of Wilshire and Lincoln Boulevards, which currently operate at service
level C during morning peaks and level of service F during peak evening periods.
The applicant/appellant has also provided staff with information regarding the economic
viability and marketability of the on-site service station. According to information
provided by an operator of numerous gas stations in Los Angeles and Orange Counties,
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the existing 5,000 square foot space service station is too small to meet the minimum
demands of the major oil companies who usually require a 15,000 to 20,000 square foot
facility. Major oil companies will not service a station that cannot meet certain minimum
gas volume sales and this site is not capable of generating these minimum sales
volumes (Attachment K). In addition, the service station is setback approximately 50
feet from the Lincoln Boulevard street frontage and atypically, enclosed within the
building’s envelope and limits the gas station’s site visibility. Furthermore, the applicant
has provided a statement, from a commercial broker, concluding the economic viability
of a service station at this location would not be profitable and therefore, not generate
much market interest to brokers (see Attachment L).
Conclusion
The existing service station was viewed as a project amenity and neighborhood serving
benefit to the community at the time of project approval when many service station sites
were being redeveloped to other uses. For the service station to begin operation today,
the City’s Fire Department and Environmental Programs Division concur that the service
station would require substantial upgrades and major modifications to the project site to
bring the facility into compliance with current City and State requirements. The
applicant/appellant has proposed that the benefit that the service station would provide
to the community be replaced by an arrangement to make parking available to the staff,
crew and patrons of the Miles Playhouse.
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The trend toward the elimination of service stations throughout the City has abated and
the benefit of the existing service station to the nearby community is not as apparent as
at the time of project approval. The applicant/appellant now proposes as part of their
application to provide parking for the Miles Playhouse, which has no parking. This will
help free up the limited supply of on-street parking in the area, particularly in the
residential areas to the north and east of the project site. In addition, the
applicant/appellant now proposes that the depth of street frontage retail be increased
from 30 feet to a maximum of 48 feet while maintaining the minimum of 50% of the
ground floor space for neighborhood serving retail and pedestrian oriented uses. For
these reasons, staff supports the appeal.
CEQA STATUS
The project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Class1, Section 15301(a) of the State Guidelines in that
the project involves the minor alteration of an existing private building with no expansion
of use. The proposed project involves the remodeling and change of use of a vacant
4,972 sq. ft. service station to office and/or retail uses. The vacant service station is
located within an existing 75,000 sq. ft. office/retail building.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Sections 9.04.20.22.050, notice of the public hearing was
mailed to all owners and residential and commercial tenants of property located within a
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500 foot radius of the project at least ten consecutive calendar days prior to the hearing.
A copy of the notice is contained in Attachment A.
BUDGET/FINANCIAL IMPACT
Since the project is subject to the City's Housing and Parks Mitigation Fee requirement,
pursuant to SMMC Section 9.04.10.12.010, if the Council approves the applicant's
request and the service station space is converted to office uses, additional fees of
approximately $42,809 would be due to the City. Forty-five percent (45%) of this
amount would be designated for housing (account 04264.402540), 45% for parks
(04511.407300), and 10% would be deposited into a temporary account for use later for
either parks or housing (account 04224.402580).
The fees would be due and payable prior to conversion of the space to an office use,
most likely within the City’s 2003-2004 fiscal year. Condition #45 would be amended to
reflect this requirement.
RECOMMENDATION
It is recommended that the Council uphold the appeal and overturn the Planning
Commission’s denial of the proposed modifications to DR 467 proposed by DR 02-011
based upon the following findings:
DEVELOPMENT REVIEW FINDINGS
1. The physical location, size, massing, and placement of proposed structures on
the site and the location of proposed uses within the project are compatible with
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and relate harmoniously to surrounding sites and neighborhoods, in that, in that
the building is located on Wilshire Boulevard, which is characterized by a range
of commercial development, including office buildings with similar building
heights as approved by the Council; and that the proposed development, with its
2.5 FAR and four-story height along Wilshire Boulevard, will step down to a 1.5
FAR and three-story height along Lincoln Boulevard and to a one story height
above the service station area, will provide an adequate amount of landscaping
and open space adjacent to street level and on the interior of the site, and
provide an appropriate transition between the commercially-zoned parcels along
Wilshire and Lincoln Boulevards and the residentially-zoned parcels located to
the east along Ninth Street. During the 1980s, Santa Monica had seen the
redevelopment of several corner parcels, which resulted in a decline in the
number of neighborhood service stations. The project, as originally proposed,
included the replacement of an existing service station at the site in order to
serve the local neighbors. However, if the service station and auto repair bays
were to remain and become operational, current compliance with standards of
the South Coast Air Quality Management District, the California Air Resources
Board and the Santa Monica Fire Department would require facility upgrades that
may pose significant structural changes. If the change of use is approved, such
use may benefit or serve the nearby neighborhood or the visitors to Reed Park to
a greater degree in that an office, retail or other type of pedestrian serving use
would pose less of an environmental impact to the community. In addition, as
proposed by the applicant, the parking provided to the staff, crew and patrons of
the Miles Playhouse (located within Reed Park) will help free up the limited
supply of on-street parking in the area as Miles Playhouse does not have off-
street parking.
2. The rights-of-way can accommodate autos and pedestrians, including parking
and access, in that the site design will provide adequate driveway and parking
facilities and the site is adjacent to two improved arterial streets: Wilshire and
Lincoln Boulevard.
3. The health and safety services (police, fire, etc.) and public infrastructure (e.g.
utilities) are sufficient to accommodate the new development, in that the project
is proposed to be an in-fill of an already developed area with all necessary
services and infrastructure already in place. For the service station to begin
operation today, the City’s Fire Department and Environmental Programs
Division concur that the service station would require substantial upgrades and
major modifications to the project site to bring the facility into compliance with
current City and State requirements. The applicant/appellant has proposed that
the benefit that the service station would provide to the community be replaced
by an arrangement to make parking available to the staff, crew and patrons of
the Miles Playhouse.
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4. Any on-site provision of housing or parks and public open space, which are part
of the required project mitigation measures required in Part 9.04.10.12 (Project
Mitigation Measures) of the City of Santa Monica Comprehensive Land Use and
Zoning Ordinance, satisfactorily meet the goals of the mitigation program, in that
if the existing service station space is converted to office uses, additional fees of
approximately $42,809 would be due to the City.
5. The project is generally consistent with the Municipal Code and General Plan, in
that any proposed new use of the existing service station facility will be
consistent Santa Monica Municipal Code Section 9.04.08.22.020 with the
exception of those uses prohibited by DR 467.
6.
Reasonable mitigation measures have been included for all adverse impacts
identified in the Environmental Impact Report, in that all reasonable mitigation
measures identified in the Environmental Impact Report were incorporated in
the conditions of approval for the project.
CONDITIONS
Plans
1. This approval is for those plans dated 11/10/89 as reviewed by the City
Council on 01/16/90, a copy of which shall be maintained in the files of the City
Planning Division. The 02DR011 revisions are contained within plans dated
May 8, 2003 for location of ground floor neighborhood serving uses. Project
development shall be consistent with such plans, except as otherwise
specified in these conditions of approval. These conditions shall replace and
supersede prior conditions established by DR 467.
2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and
General Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be subject 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 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 enclosures, and signage
shall be subject to review and approval by the Architectural Review Board.
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6. The Architectural Review Board, in its review, shall pay particular attention to
the project’s pedestrian orientation and amenities; scale and articulation of
design elements; 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 fees 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 employer fees related to the City’s
Transportation Management Plan.
Demolition
8. Until such time as the demolition is undertaken, and unless the structure is
currently in use, the existing structures shall be maintained and secured by
boarding up all openings, erecting a security fence, and removing all debris,
bushes and planting that inhibit the easy surveillance of the property to the
satisfaction of the Building and Safety Officer and the Fire Department. Any
landscaping material remaining shall be watered and maintained until
demolition occurs.
9. Unless otherwise approved by the Recreation and Parks Department and the
Planning Division, at the time of demolition, any street trees shall be protected
from damage, death, or removal 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 permitted by the Zoning Ordinance,
shall be maintained around the perimeter of the lot. The lot shall be kept clear
of all trash, weeds, etc.
11. Prior to issuance of a demolition permit, applicant shall prepare for the
Building Division approval of a rodent and pest control plan to ensure that
demolition and construction activities at the site do not create pest control
impacts on the project neighborhood.
Construction
12. Unless otherwise approved by the Department of Environmental and Public
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Works Management, all sidewalks shall be kept clear and passable during the
grading and construction phase of the project.
13. Sidewalks, curbs, gutters, paving and driveways which need replacing or
removal as a result of the project as determined by the Department of
Environmental and Public Works Management shall be reconstructed to the
satisfaction of the Department of Environmental and Public Works
Management. Approval for this work shall be obtained from the Department of
Environmental and Public Works Management prior to issuance of the building
permits.
14. 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.
15. 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
specification of the Department of Recreation and Parks and the Department
of Environmental and Public Works Management. No street tree shall be
removed without the approval of the Department of Recreation and Parks.
16. A construction period mitigation plan shall be prepared by the applicant for
approval by the Department of Environmental and Public Works Management
prior to issuance of a building permit. As applicable, this plan shall 1) Specify
the names, addresses, telephone numbers and business license numbers of
all contractors 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 sidewalk is 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 person; 7) Specify the nature
and extent of any dewatering and its effect on any adjacent buildings; 8)
Describe anticipated construction-related truck routes, number of truck trips,
hours of hauling and parking location; 9) Specify the nature and extent of any
helicopter hauling; 10) State whether any construction activity beyond normally
permitted hours is proposed; 11) Describe any proposed construction noise
mitigation measures; 12) Describe construction-period security measures
including any fencing, lighting, and security personnel; 13) Provide a drainage
plan; 14) Provide a construction-period parking plan which shall minimize use
of public streets for parking; 15) List a designated on-site construction
manager.
17. A sign shall be posted on the property in a manner consistent with the public
hearing sign requirements, which shall identify the address and phone number
of the owner and/or applicant for the purposes of responding to questions and
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complaints during the construction period. Said sign shall also indicate the
hours of permissible construction work.
18. A copy of these conditions shall be posted in an easily visible and accessible
location at all times during construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of the copy.
Environmental Mitigation
19. Ultra-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.)
20. Prior to issuance of a Certificate of Occupancy, project owner shall present
documentation to the Environmental and Public Works Management
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 from
flow attributable to the new development if 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 guidelines developed by the
Environmental and Public Works Management Department.
21. To mitigate solid waste impacts, prior to issuance of a Certificate of
Occupancy, project owner shall submit a recycling plan to the Department of
Environmental and Public Works Management for its approval. The recycling
plan shall include 1) list of materials such as white paper, computer paper,
metal cans, and glass to be recycled; 2) location of recycling bins; 3)
designated recycling coordinator; 4) nature and extent of internal and external
pick-up service; 5) pick-up schedule; 6) plan to inform tenants/occupants of
service.
22. To mitigate circulation impacts, prior to issuance of a Certificate of Occupancy,
project owner shall submit a transportation demand management plan to the
Department of Environmental and Public Works Management for its approval.
This plan shall include: 1) Name, address and telephone number of
designated person(s) responsible for coordinating transportation demand
management measures to be employed at the development. 2) Demand
management measures to be employed at the site to reduce circulation
impacts, which would otherwise occur. Such measures may include, but art
not limited to programs addressing: A. Education and Marketing to alert
employees and visitors to the site to demand reduction programs and
incentives; B. Parking Management such as parking charges for single-
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occupant vehicles, reduced rates for care and vanpools; C. Ridesharing
programs such as a rideshare matching program, incentives, and car and
vanpool subsidies; D. Transit programs such as provision of bus schedules to
employees and visitors, subsidized bus tokens and passes to employees and
visitors; E. Bicycling programs such as provision of secure bicycle storage
facilities, provision of showers and lockers; F. Alternative Work Schedules for
building employees to avoid peak AM and PM traffic hours and reduce overall
trips; G. Trip Length Reduction by programs to increase proportion of
employees residing within three miles of the project site. The goal of the
Transportation Demand Management Plan shall be to reduce vehicle trips
which would otherwise occur by twenty percent.
23. 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.
Miscellaneous Conditions
24. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
25. The operation shall at all times be conducted in a manner not detrimental to
surrounding properties or residents by reason of lights, noise, activities,
parking or other actions.
26. No medical office use shall be permitted at the site.
27. 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
owner’s expense. A determination shall then be made by the Director of
Planning to determine the significance of the survey findings and appropriate
actions and requirements, if any, to address such findings.
28. Refuse areas, storage areas and mechanical equipment shall be screened in
accordance with SMMC Section 9040.13-9040.15. Refuse areas shall be of a
size adequate to meet on-site need, including recycling. The Architectural
Review Board in its review shall pay particular attention to the screening of
such areas and equipment.
29. Street and/or alley lighting shall be provided on public rights of way adjacent to
the project if and as needed per the specifications and with the approval of the
Department of Environmental and Public Works Management.
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Validity of Permits
30. In the event permittee violates or fails to comply with any conditions of
approval of this permit, no further permits, licenses, approvals or certificates of
occupancy shall be issued until such violation has been fully remedied.
Within ten days of City Council transmittal of the Statement of Official Action,
31.
project applicant shall sign and return a copy of the Statement of Official
Action prepared by the Planning Division, agreeing to the Conditions of
approval and acknowledging that failure to comply with such conditions shall
constitute grounds for potential revocation of the permit approval. By signing
same, applicant shall not thereby waive any legal rights applicant 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.
Monitoring of Conditions
32. Pursuant to the requirements of Public Resources Code Section 21081.6, the
City Planning Division will coordinate a monitoring and reporting program
regarding any required changes to the project made in conjunction with project
approval and any conditions of approval, including those conditions intended
to mitigate or avoid significant effects on the environment. This program shall
include, but is not limited to, ensuring that the Planning Division itself and
other City divisions and departments such as the Building Division, the
Environmental and Public Works Management Department, the Fire
Department, the Police Department, the Resource Management Department
and the Finance Department are aware of project requirements which must be
satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or
other permit, and that other responsible agencies are also informed of
conditions relating to their responsibilities. Project owner shall demonstrate
compliance with conditions of approval in a written report submitted to the
Planning Director and Building Officer prior to issuance of a Building Permit or
Certificate of Occupancy, and, as applicable, provide periodic reports
regarding compliance with such conditions.
Special Conditions
33. Lighting for the relocated gas station shall be designated and directed so as to
not spillover into adjacent residential districts.
34. To mitigate adverse height, bulk, and traffic impacts of the project as identified
in the EIR and by the Commission and Council on appeal, the building height
shall not exceed four stories/56 feet along Wilshire Boulevard and shall step
down to three stories/45 feet along Lincoln Boulevard. The project shall be
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remanded back to the Planning Commission for further review as indicated
herein. Floor area shall be limited to a maximum of 75,000 square feet with a
maximum 2.5 FAR in the Wilshire Corridor District and 1.5 FAR (2.00 overall
average) in the Lincoln-North District. The Planning Commission shall review
the design of the building, project access and increased landscaping along
Lincoln and Wilshire Boulevards in order to ensure that the project does not
substantially differ from the project as discussed and certified in EIR 884. The
service station shall continue to show no alley ingress/egress. A minimum of
50% of the ground floor shall contain retail uses consistent with the category of
retail uses permitted in the C6 and C4 Districts and General Plan Districts. The
interior courtyard shall be maintained on the site. Ingress/Egress to the
subterranean garage shall be provided from Lincoln Boulevard and/or Wilshire
Boulevard only. The interior courtyard shall be maintained on the site.
Ingress/Egress to the subterranean garage shall be provided from Lincoln
Boulevard and/or Wilshire Boulevard only.
35. On-site parking shall be provided without charge to tenants and employees at
the project site unless and until such time as a preferential parking district is
established in the project area, which in the judgment of the Planning Director
and Parking and Traffic Engineer will adequately protect neighborhood
residents from potential parking impacts of the project.
36. To mitigate traffic impacts identified in the environmental impact analysis, no
medical office, or branch bank uses shall be permitted in the project.
37. If requested by the Santa Monica Transportation Department, project owner
shall provide and maintain a bus shelter built to City specifications along the
Wilshire and Lincoln frontage of the project to facilitate use of bus transit by
project employees and visitors.
38. The exterior building materials shall be light in color. No mirrored or darkly-
tinted glass shall be used on the exterior of the building. The ARB shall pay
particular attention to these elements of the development.
39. Prior to issuance of a Certificate of Occupancy for the project, and if required
by the Environmental and Public Works Management Department, applicant
shall perform to the satisfaction, or reimburse the City for the cost of the
following traffic mitigation measures:
-Restripe the existing eastbound approach to Lincoln Boulevard on Wilshire
Boulevard to provide an exclusive right-turn lane. This would provide this
approach with one exclusive left-turn lane, two through lanes and an exclusive
right-turn lane.
- Restripe the existing westbound approach to Lincoln Boulevard on Wilshire
to provide an additional lane. This measure would provide a total of five lanes
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on the westbound approach, resulting in double left-turn and right-turn lanes
and a single through lane.
40. The service station shall contain a mechanical exhaust system that directs air
and odors away from the adjacent residential district.
41. Construction equipment, fixed and mobile, operated within 1000 feet of a
dwelling unit shall be equipped with properly operating and maintained muffler
exhaust systems.
42. The development of a restaurant or other eating establishments that contain
more than 50 seats or includes the sale of on-sale alcoholic beverages shall
require further Planning Commission review approval.
43. The ground floor retail uses shall be pedestrian oriented uses that emphasize
and encourage neighborhood resident use. Retail or pedestrian serving uses
shall constitute at least 50% of the ground floor uses. The developer shall
work cooperatively with City staff, neighborhood representatives and the
Neighborhood Support Center staff in identifying appropriate tenants and
uses. The development of a restaurant or other eating establishment that
contains more than 50 seats or includes the sale of on-sale alcoholic
beverages shall require further Planning Commission review/approval.
44. South Coast Air Quality Management District Rule 403 will be adhered to,
insuring the clean-up of construction related dirt on approach routes to
construction sites.
45. In accordance with Sections 9046.1 - 9046.4 of the Santa Monica Municipal
Code, prior to issuance of a building permit use of the converted gas station
space to office, the developer shall execute an irrevocable letter of credit or
other form of security acceptable to the City for the payment of an in-lieu fee
for housing and parks equal to $2.25/sq. ft. for the first 15,000 sq. ft. of net
rentable office floor area and $5.00/sq. ft. for the remaining net rentable office
floor area. This fee shall be adjusted for inflation by the percentage change in
the Consumer Price Index (“CPI”) between October 1984 through the month in
which the payment is made. Upon mutual agreement of the developer and the
City, the developer may satisfy the Project Mitigation measures by providing
low and moderate income housing or developing new park space on or off the
project site. To fulfill this obligation an agreement shall be secured in writing
by the developer and approved by the City Attorney and City staff prior to
issuance of a building permit. This one time fee shall be based upon
conversion of the 4,972 square foot gas station space to office at the current
rate for offices square footage above 15,000 sq. ft., and is due to the City of
Santa Monica prior to issuance of a business license or building permit, or
upon any other means the space is converted to an office use.
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46. Building windows located adjacent to Wilshire and Lincoln Boulevards shall be
set back a maximum distance of two feet from the public right-of-way.
47. The Architectural Review Board shall pay particular attention to the design of
the atrium and promotional signage for the building.
48. The developer shall where required by the Parking and Traffic Engineer and
the Director of Environmental and Public Works Management pay for the cost
of providing a two way left turn channelization lane for use with the projects
subterranean garage driveway located along Lincoln Boulevard.
46. A minimum of 50% of the ground floor space shall be pedestrian oriented retail
and neighborhood serving uses The ground floor spaces fronting on Wilshire,
including the tenant space to the west of Lincoln Court alley; the tenant space
located in the northwest corner of the building at the intersection of Lincoln and
Wilshire Boulevards; and the tenant space along Lincoln Boulevard just south
of the buildings entry staircase and north of the driveway to the subterranean
parking area, shall contain pedestrian oriented or retail uses. Pedestrian
oriented uses on the ground floor shall be as follows: 33 feet along Wilshire
Boulevard east of the Wilshire Boulevard entry lobby; 48 feet along Wilshire
Boulevard west of the Wilshire Boulevard entry lobby; and 42 feet along
Lincoln Boulevard except where lease depths may be interrupted by fixed core
building elements such as exit stair shafts or mechanical shafts. The former
service station square footage may have a pedestrian serving use, however
the minimum 50% requirement for the ground floor street frontage along
Wilshire Boulevard and Lincoln Boulevard shall not mandate such a use within
this space.
Planning Commission Conditions (part of projects overall conditions)
1. Prior to submittal of plans to the Architectural Review Board, the applicant shall
revise the floor plans to show retail ground floor uses that extend to a minimum
depth of 30 feet along both the Wilshire and Lincoln Boulevard Street frontages.
Plans dated May 8, 2003 indicate a depth of retail or pedestrian serving uses on
the ground floor that extend from Wilshire and Lincoln Boulevard street frontages
toward the building’s interior. These lease areas fall within existing suites and
exclude the interior atrium, hallways and elevator areas. The uses within these
suites shall be retail or such uses that are consistent with pedestrian or
neighborhood serving uses.
2. The service station and retail hours of operation shall not extend beyond 6:00 a.m.
to 10:00 p.m. Monday through Saturday, and 8:00 a.m. to 8 p.m. Sunday.
3. Building windows located adjacent to Wilshire and Lincoln Boulevards shall be set
back a maximum distance of two feet from public right-of-way.
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4. The Architectural Review Board shall pay particular attention to the design of the
atrium and promotional signage of the building.
5. The developer shall where required by the Parking and Traffic Engineer and the
Director of General Services pay for the cost of providing a two way left turn
channelization lane for use with the projects subterranean garage driveway located
along Lincoln Boulevard.
6. The developer shall install right-turn only signage at the service station driveway
exit that leads traffic back onto Lincoln Boulevard.
7. The project shall comply with project conditions approved by the City Council on
January 16, 1990.
Prepared by: Suzanne Frick, Director
Jay M. Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Paul Foley, Senior Planner
Gina Szilak, Assistant Planner, City Planning Division
Planning and Community Development Department
Attachments: A. Notice of Public Hearing
B. Appeal Statement
C. Planning Commission staff report dated December 18, 2002
D. Planning Commission Statement of Official Action (STOA) dated
December 18, 2003
E. Current Conditions of Approval DR 467: STOA 1/16/90 City
Council and STOA 3/7/90 Planning Commission
F. City Council Statement of Official Action for DR 97-013 dated
March 16, 1999
G. Applicant’s proposal regarding Miles Playhouse
H. Planning Commission Minutes dated 12/18/02
I. Letter from Douglas Emmett dated February 7, 2003
J. KAKU Associates, Inc. traffic study March 20, 2003
K. Letter from Bouris Pouldar dated April 22, 2003
L. Letter from Bill Gilmore:Coldwell Banker dated March 28, 2003
M. Four letters received at the PC hearing on December 18, 2002
N. Letter from Kidnasium dated March 14, 2003
O. Santa Monica Trip Generation Table
P. Bound letters from Aptech Engineering Services dated January
4, 2002, January 31, 2003, February 7, 2003, March 7, 2003
Q. Project Plans
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ATTACHMENT A
NOTICE OF PUBLIC HEARING
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT:
Development Review Permit 02-011
808 Wilshire Boulevard
APPLICANT: Douglas Emmett & Company
PROPERTY OWNER: Douglas Emmett Realty Fund 1997
A public hearing will be held by the City Council to consider the following request:
Appeal of DR 02-011 requesting the modifications to conditions of approval for
Development Review Permit #467. Proposed is the elimination of the requirement for
an on-site gas station and all related conditions while, increasing the depth requirement
condition for street fronting parcels to be pedestrian oriented.
DATE/TIME: Tuesday July 8, 2003 at 6:45 p.m.
LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City
Council public hearing, or by writing a letter. Written information will be given to the City
Council at the meeting.
Address your letters to: City Clerk
Re: DR 02-011 appeal
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this project or wish to review the project file, please
Gina Szilak
contact at (310) 458-8341, or by e-mail at regina-szilak@santa-monica.org.
The Zoning Ordinance is available at the Planning Counter during business hours and
on the City’s web site at www.santa-monica.org.
The meeting facility is wheelchair accessible. For disability-related accommodations,
please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All
written materials are available in alternate format upon request. Santa Monica Big Blue
Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall.
Pursuant to California Government Code Section 65009(b), if this matter is
subsequently challenged in Court, the challenge may be limited to only those issues
raised at the public hearing described in this notice, or in written correspondence
delivered to the City of Santa Monica at, or prior to, the public hearing.
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ESPAÑOL
Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo
desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen
Gutierrez en la División de Planificación al número (310) 458-8341.
APPROVED AS TO FORM:
___________________________
JAY M. TREVINO, AICP
Planning Manager
F:\PLAN\SHARE\COUNCIL\NOTICES\02dr011(808wilshire).doc
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ATTACHMENT B
APPEAL STATEMENT
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
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ATTACHMENT C
PLANNING COMMISSION STAFF REPORT DATED
DECEMBER 18, 2002
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CP:JT:AS:PF:RES:f:\plan\share\pc\strpt\02\02DR011(808 Wilshire).doc
Planning Commission Mtg: December 18, 2002 Santa Monica, California
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Development Review Permit 02-011
Address: 808 Wilshire Boulevard
Applicant: Douglas Emmett & Company
INTRODUCTION
Action: Application for Development Review (DR) Permit 02-011 to amend DR 467 to
modify the following conditions of approval for the project located at 808 Wilshire
Boulevard: 1) eliminate the requirement for an on-site service station; 2) permit the
conversion of three auto repair bays located in the subterranean garage to parking; and
3) remove the condition that 50% of the ground floor uses be pedestrian oriented. In
addition, the applicant requests that the allowable uses replacing the service station be
office, retail or other uses allowed under the C4 or C6 zoning district standards,
excluding those uses specifically disallowed in the existing approvals. The proposal
meets all applicable development standards.
Recommendation: Denial.
Permit Streamlining Expiration Date: January 14, 2003 with extension on file
SITE LOCATION AND DESCRIPTION
The subject property is a 37,500 square foot parcel located at the southeast corner of
the intersection of Wilshire and Lincoln Boulevards having approximately 150' feet of
frontage on Wilshire Boulevard and 250' of frontage on Lincoln Boulevard. Surrounding
uses consist of: a one story commercial building containing a financial investment firm
and a cellular phone retail/service center across Wilshire Boulevard to the north in the
C6 Boulevard Commercial District, a two story office building with a ground floor
coffee/snack shop on the adjacent parcel to the south in the C4 Highway Commercial
District, two detached one-story buildings containing a Dogwood Pizza and pet store
across Lincoln Court alley to the east also in the C6 district, and a three-story multi-
tenant office building with a ground floor fast food restaurant across Wilshire Boulevard
to the west in the C3C Downtown Overlay District.
Zoning District: C6 (Boulevard Commercial) and C4 (Highway Commercial)
Land Use District: General Commercial with Service/ Specialty
Parcel Area: 37,500 square feet (150 feet x 250 feet)
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PROJECT DESCRIPTION
The applicant requests a modification of the approved Development Review Permit to
eliminate the requirement for an on-site service station and all conditions pertaining to
such use; permit the conversion of three auto repair bays located in the subterranean
garage to parking; and remove the condition that 50% of the ground floor uses be
pedestrian oriented. The applicant proposes to convert an existing built-out ground floor
service station within the building located at 808 Wilshire Boulevard to office uses. The
service station is fully constructed with all the necessary gasoline fueling equipment,
however no tenant has ever occupied this space. In addition, the applicant is proposing
to convert 3 service bays located on the first level within the subterranean garage to
parking. The proposed change of use requires the modification of DR 467 that was
previously approved for the project.
Six existing conditions would need to be modified or eliminated as a result of this
request. Two conditions reference the percentage of pedestrian oriented uses required
on the ground floor (# 34 and # 43). The remaining four conditions (#33, #40, #2 and
#6) limit the hours of operation and specify design criteria for the service station. The
conditions read as follows:
City Council Conditions
33. Lighting for the relocated gas station shall be designed and directed so as to not
spillover into adjacent residential districts.
34. To mitigate adverse height, bulk, and traffic impacts of the project as identified in
the EIR and by the Commission and Council on appeal, the building height shall
not exceed four stories/56' along Wilshire Boulevard and shall step down to three
stories/45' along Lincoln Boulevard. The project shall be remanded back to the
Planning Commission for further review as indicated herein. Floor area shall be
limited to a maximum of 75,000 square feet with a maximum 2.5 FAR in the
Wilshire Corridor District and 1.5 FAR (2.0 overall average) in the Lincoln-North
District. The Planning Commission shall review the design of the building,
project access and increased landscaping along Lincoln and Wilshire Boulevards
in order to ensure that the project does not substantially differ from the project as
discussed and certified in EIR 884. The service station shall continue to show no
alley ingress/egress. A minimum of 50% of the ground floor shall contain retail
uses consistent with the category of retail uses permitted in the C6 District and
General Plan Districts. The interior courtyard shall be maintained on the site.
Ingress/Egrees to the subterranean garage shall be provided from Lincoln
Boulevard and/or Wilshire Boulevard only.
40. The service station shall contain a mechanical exhaust system that directs air
and odors away from the adjacent residential district.
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43. The ground floor retail uses shall be pedestrian oriented uses that emphasize
and encourage neighborhood resident use. Retail uses shall constitute at least
50% of the ground floor uses. The developer shall work cooperatively with City
staff, neighborhood representatives and the Neighborhood Support Center staff
in identifying appropriate tenants and uses. The development of a restaurant or
other eating establishment that contains more than 50 seats or includes the sale
of on-sale alcoholic beverages shall require further Planning Commission
review/approval.
Planning Commission Conditions
2. The service station and retail hours of operation shall not extend beyond 6:00
a.m. to 10:00 p.m., Monday through Saturday, and 8:00 a.m. to 8:00 p.m.
Sunday.
6. The developer shall install right-turn only signage at the service station driveway
exit that leads traffic back onto Lincoln Boulevard.
The applicant requests condition #6 be eliminated and conditions #33, #34, #40, and #2
be modified so that all references to the service station are removed. The applicant is
also requesting the modification of the 50% ground floor retail use requirement
contained in condition #43 to account for the removal of the service station square
footage and conversion to office. In addition, the applicant requests that the allowable
uses replacing the service station be office, retail or other uses allowed under the C4 or
C6 zoning district standards, excluding those uses (medical offices and banks)
specifically disallowed in the existing approvals.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal Code and in conformity with the
General Plan as shown in Attachment A.
CEQA STATUS
The project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15301 (2) (A, B) (Class 1), of the State
Guidelines in that the project involves a change of use 4,972 sq. ft. for a fully developed
75,000 sq. ft. office/retail building. The land-use change involves the conversion of the
on-site gas station to an office space within an urbanized area where all public services
are fully developed and accessible.
HISTORIC RESOURCES INVENTORY STATUS
The development was competed in 1996 and is not identified in the City's Historic
Resources Inventory.
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RENT CONTROL STATUS
The site contains no residential units.
FEES
The project is subject to the Housing and Parks Project Mitigation Measures of the Land
Use and Circulation Elements of the General Plan. These project mitigation measures
are imposed upon the building and specifically are required for office developments
larger than 15,000 square feet per Santa Monica Municipal Code (SMMC) Section
9.04.10.12.010.
The project mitigation measure may be satisfied by payment of an in-lieu fee to the City
as established by Ordinance 1367 City Council Series (CCS) and identified in DR 467
as condition of approval # 45 - project mitigation fee.
Prior to issuance of building permits, an office mitigation fee of approximately
$328,319.52 was assessed on 53,288 square feet of applicable office uses (excluding
the ground floor gas station and retail square footage). The fee was paid in installments
and is paid in full. The current per square foot rate of the office mitigation fee is $3.87
for the first 15,000 square feet and $8.61 for square footage over 15,000 square feet of
floor area. The fee is adjusted monthly based upon the Consumer Price Index (CPI)
until paid. Conversion of an additional 4,972 sq. ft. to office use would result in
additional fees of approximately $42,809.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting
requirements set forth by the Zoning Administrator, prior to application filing the
applicant posted a sign on the property regarding the subject application. At least 8
weeks prior to the public hearing date, the applicant submitted a photograph to verify
the site posting and to demonstrate that the sign provides the following information:
Project case number, brief project description, name and telephone number of
applicant, site address, date, time and location of public hearing, and the City Planning
Division phone number. A copy of the photograph showing the sign posted at the site is
contained in Attachment B. It is the applicant's responsibility to update the hearing date
if it is changed after posting.
In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public
hearing was mailed to all owners and residential and commercial tenants of property
located within a 500 foot radius of the project and published in the “California” Section of
The Los Angeles Times at least ten consecutive calendar days prior to the hearing. A
copy of the notice is contained in Attachment C.
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The applicant has informed staff that they have contacted the community neighborhood
groups including the Wilshire Montana Neighborhood Coalition (WILMONT) and Mid-
City Neighbors. According to the applicant, Mid-City Neighbors had not responded to
the their request to discuss the project. The Wilshire/Montana Neighborhood Coalition
has forwarded a letter to staff stating that their Board of Directors has no objections to
the proposed conversion of the service station (Attachment E).
In addition, the applicant submitted a petition in support of the proposed use change
signed by adjacent neighbors including the Santa Monica Boys and Girls Club,
Dogwoods Pizza and tenants of the 808 Wilshire building (Attachment F).
On September 17, 2002, the applicant was notified via phone of the subject hearing
date. A follow-up letter was mailed on November 14, 2002.
ANALYSIS
Background
The existing building at 808 Wilshire Boulevard was approved by the City Council on
January 16, 1990. As proposed and conditioned, the 3-4 story, 75,000 square foot
building was to contain office/retail uses and an enclosed on-site service station on the
ground floor. Upon approval, the Council remanded the project to the Planning
Commission to further refine the allowable uses and design specifications. The
project's original conditions of approval are contained in the Statements of Official
Action by the City Council (January 16, 1990) and Planning Commission (March 7,
1990) as shown in Attachment I. The building was completed in June 1996 with office
and retail space and an on-site service station with gas pumps and islands,
underground gas holding tanks and re-fueling pipes, and 3 service bays located below
grade on subterranean parking level P1.
A previous property owner filed a Development Review Permit application (DR 97-013)
in October 1997 to modify the project and eliminate the ground floor service station use.
This application also included an amendment to the conditions of approval to allow
office uses within 30’ of the ground floor street frontage along Wilshire and Lincoln
Boulevards. The Commission unanimously approved the change of use request for the
service station on October 7, 1998, but retained the requirement for the ground floor
retail component and pedestrian oriented uses within 30’ of the Wilshire and Lincoln
Boulevard frontages.
On March 16, 1999, the City Council considered the request on appeal and overturned
the Planning Commission’s approval. The Council’s decision to deny the request was
based on public testimony that indicated the prior property owner did not operate in
good faith, had violated existing DR conditions of approval, had never attempted to find
a service station tenant and had not worked with the neighborhood area organizations
to address their concerns for the building, including monitoring vehicles that would
illegally park along Lincoln Court alley adjacent to the building. The City Council
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Statement of Official Action is contained in Attachment J.
The previous property owner was found to be in violation of the condition that requires a
retail/pedestrian serving use at the street frontages. However, these violations have
been remedied and there are not any current violations on file as the owner has worked
with City staff and neighborhood organizations to identify appropriate uses at the ground
level. Staff worked with representatives of the Wilshire-Montana and Mid City
neighborhood groups in July of 1999 and developed a directive to aid the property
owner in identifying ground floor uses that would represent the interests of the
neighbors.
Much of the ground floor retail spaces have been vacant since the building was
completed in 1996. Within the two years after Douglas Emmett and Company obtained
ownership of the building, they established a child-friendly use along the Lincoln
Boulevard frontage, finalized lease negotiations with a pedestrian serving use for the
smaller Wilshire Boulevard fronting space and applied to amend the condition of
approval for the service station use.
Project Design
The service station is setback approximately 50' from Lincoln Boulevard and is located
within the southeast corner of the building at the ground floor level. Given this location,
there is little or no visibility from the street, hence the applicant’s request to convert to
office uses as opposed to retail. The existing service station configuration does not have
direct access to the building’s central lobby as it was designed to be a separate use
from the other uses within the building.
Pedestrian access to the existing service station space is provided through a rear door
off Lincoln Court alley. An internal stairway and elevator provide access from the
service station to the service bays in the P1 subterranean parking level. A proposed
pedestrian entry would replace the service station's exit driveway, which is accessed
from Lincoln Boulevard. This entry would be set back approximately 50’ from the
property line.
The site contains office, retail and similar uses that require 1 parking space per 300 sq.
ft. of floor area. For purposes of calculating the off-street requirements for the building,
the service station was calculated at the same 1:300 requirement. Therefore, the
conversion of the service station to office uses would not require additional off-street
parking.
Elimination of the Service Station and the Requirement for 50% Ground floor
Retail/Pedestrian-Oriented uses
Service Station
During the 1980s, Santa Monica had seen the redevelopment of several corner parcels,
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which resulted in a decline in the number of neighborhood service stations. The project,
as originally proposed, included the replacement of an existing service station at the site
in order to serve the local neighbors.
The service station is setback approximately 50 feet from the Lincoln Boulevard street
frontage and enclosed within the building envelope so that a person traveling by car
might have difficulty seeing the access ramp to the service station. The applicant
contends that the economic viability of the on-site service station does not meet their
expectations and they have been unable to find any business willing to operate the
station. Therefore, the applicant is requesting approval to convert the service station to
an office use (rather than a retail use) since the space does not include the typical
elements for location, access, street frontage, and windows that are typically required
by retail tenants.
As part of the service station operation, the project includes 3 auto repair bays located
in the P1 level of the subterranean garage. The auto repair bays have been installed
with car lifts and ceiling mounted power tools and are separated from the public parking
areas by a concrete masonry block wall furnished with a roll-down front entry gate. As
part of the request to eliminate the service station, the applicant requests that the
service bays be converted to handicapped accessible parking.
Although the service station is a required on-site use, the applicant, tenants of the
building and adjacent neighbors believe that a facility that receives and stores large
amounts of volatile fuel, enclosed within an office and retail building and across an alley
from residential uses, poses a life and safety risk (see petitions – Attachment F). These
risks are outlined in a letter provided by the applicant from Aptech Engineering Services
(Attachment G). However, the EIR prepared for the project in June 1989 did not identify
any significant risks associated with the service station (see Risk of Upset section of
EIR – Attachment H). The EIR acknowledges that gasoline is a hazardous material,
however the risk of accidental explosion at this station is not unique or considered any
more likely than at any other service station located within the City.
The applicant is requesting that those ground floor uses allowed in the C4 and C6
zoning districts be permitted in the converted service station space. Since the service
station is located within the C4 district portion of the split-zone parcel, the permitted
uses in the C6 district could not be considered.
Staff understands the reasoning behind the request to remove the service station.
However, staff does not support allowing the conversion of a space intended to serve
the neighborhood to a use that would not serve the neighbors or visitors to Reed Park
and enhance the street front. In addition, the applicant has not presented any
information to staff substantiating their marketing efforts for this space or its viability as
a service station location.
Ground floor uses
-36-
Two existing conditions of approval provide ground floor uses that will serve pedestrians
and nearby residential neighborhoods. The building is required to provide 50% of the
ground floor area with pedestrian–oriented retail uses. The existing service station
square footage counts toward the pedestrian oriented use requirement for the overall
ground floor percentages. In addition to the overall ground floor percentage, the second
condition requires retail uses adjacent to the building’s street frontage.
Existing ground floor serving uses include Cingular phone and retail services and office
tenants within the interior ground floor space located away from the street frontage.
Kidnasium, an indoor children’s activity center, is located in the space south of the
building staircase along Lincoln Boulevard. These uses are considered pedestrian
serving. At present, 8,700 square feet of pedestrian-oriented uses have been leased.
Including the service station square footage, the total would comprise 71% of the
ground floor space. The applicant is requesting a modification to the requirement for
50% ground floor pedestrian-oriented uses since the service station space counts
toward the 50% requirement. Without the service station, the percentage of ground
floor pedestrian uses in the current suite configuration would be approximately 45% of
the total ground floor area. Staff is required to analyze the percentage of pedestrian
uses with any tenant improvement or business license request for the ground floor.
The retail and pedestrian oriented use requirements stated in DR conditions #34 and
#43 were intended to provide uses that attract pedestrians, enliven the street after the
typical 9 a.m.- 5 p.m. business day and serve the nearby neighborhood and visitors to
Reed Park. Until recently, much of the ground floor space has remained vacant. The
applicant states the difficulty in leasing the ground floor spaces along Wilshire and
Lincoln are due to: 1) the lack of retail uses on Lincoln Boulevard, south of Wilshire and
the weak pedestrian/retail draw of Wilshire Boulevard at this site; 2) the change in floor
elevation from the sidewalk, along Lincoln Boulevard; and 3) the prohibition of medical
offices and banks within the building.
The percentage of pedestrian use is specific to the project’s DR conditions of approval
and not based upon the use requirements for the Zoning District. The building spans
two zoning districts, the C6 (Boulevard Commercial) and the C4 (Highway Commercial)
with the gas station located in the C4 portion of the site. The Land Use Element Policy
1.6.5 states, “Lincoln Boulevard north of the freeway should accommodate both general
commercial and service & specialty uses given the transitional nature of the street”.
Both of those land use classifications allow for offices uses at the ground level.
To ensure the uses at the ground level maintain the vitality of the building and attract
pedestrians, staff supports retaining the retail/pedestrian oriented uses requirements
along the street frontage and the condition for a minimum percentage of pedestrian
oriented uses at the ground floor. There is still a need to enliven the building’s street
fronts and to provide ground floor uses that will serve the nearby neighborhood and
visitors to Reed Park. Removal of the 50% retail and pedestrian oriented use
requirement would therefore, negatively impact the area's pedestrian environment.
-37-
Neighborhood Outreach
The applicant presented the proposed modifications to the Board of Directors of the
Wilshire/Montana Neighborhood Coalition (WILMONT). WILMONT submitted a letter to
staff expressing its support for the applicant’s proposal. The organization perceived the
service station as inherently dangerous and that the shortage of service stations in the
area is no longer an issue (Attachment E). However, they believe that the pedestrian
oriented use requirement for the ground floor street frontage of the building is a vital
component of the existing conditions and should be retained, especially since the
building is located in the southeast corner of a prominent intersection across from the
Reed Park. At the time this staff report was prepared, Mid-City Neighbors had not
forwarded any comments to staff regarding the proposed changes.
Existing Non-Conforming Signage and Code Violations
The building signage currently conforms to existing approvals. New signage would
require Architectural Review Board approval per the Santa Monica Municipal Code,
Chapter 9.52.
There are currently no outstanding Code violations at the subject site and no violations
for the two-year period since Douglas Emmett and Company acquired ownership of the
building.
Conclusion
The service station use was originally proposed as part of the development to replace
an existing service station on site that served the local neighbors. The percentage of
pedestrian oriented uses, the specific location of those uses along the street frontage
and the determination that the service station was a pedestrian oriented use was the
basis for making the findings approving the original DR project. The EIR prepared for
the project did not identify any significant risks associated with the service station. Staff
does not support allowing the conversion of a space intended to serve the
neighborhood to a use that would not serve the neighbors, visitors to Reed Park and
enhance the street front.
Staff also does not support the modification to the 50% retail/pedestrian use
requirements at the ground floor because the reasons behind these requirements at the
ground floor are still valid. There is still a need to enliven the building’s street fronts and
to provide ground floor uses that will serve the nearby neighborhood and visitors to
Reed Park.
ALTERNATIVES
Other than the recommended action, the Planning Commission may:
-38-
?
Approve Development Review Permit 02-011 based upon revised findings and/or
conditions; and
?
Deny Development Review Permit 02-011without prejudice, based upon revised
findings.
RECOMMENDATION
It is recommended that the Planning Commission deny Development Review Permit
02-011 based on the following findings:
DEVELOPMENT REVIEW FINDINGS
1. The physical location, size, massing, and placement of proposed structures 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.
Development Review Permit 467, approved by the City Council in 1990,
permitted a building with a 2.5 FAR and four-story height along Wilshire
Boulevard, stepping down to a three-story height along Lincoln Boulevard and a
one-story height above ground floor area that was approved for service station
use. During the 1980s, Santa Monica had seen the redevelopment of several
corner parcels, which resulted in a decline in the number of neighborhood service
stations. The project, as originally proposed, included the replacement of an
existing service station at the site in order to serve the local neighbors. However,
the proposed change of use from a service station to an office use would not
serve the nearby neighborhood or the visitors to Reed Park.
The building is also required to provide 50% of the ground floor area with
retail/pedestrian uses. This retail and pedestrian oriented use requirement was
intended to provide uses that attract pedestrians, enliven the street after the
typical 9 a.m.- 5 p.m. business day and serve the nearby neighborhood and
visitors to Reed Park. There is still a need to enliven the building’s street fronts
and to provide ground floor uses that will serve the neighborhood north of
Wilshire Boulevard and visitors to Reed Park. Removal of the 50% retail/
pedestrian oriented use requirement would, therefore, negatively impact the
area's pedestrian environment.
-39-
Prepared by: Gina Szilak, Assistant Planner
Attachments:
A. Municipal Code and General Plan Conformance
B. Site Posting
C. Notice of Public Hearing
D. Radius and Location Map
E. Wilshire/Montana letter dated April 3, 2002
F. Applicants petition
G. Letter from Aptech Engineering
H. Risk of Upset section of EIR
I. City Council Statement of Official Action for DR467 - 1/16/90 &
Planning Commission Statement of Official Action - 3/7/90
J. City Council Statement of Official Action for DR 97-013 – 3/16/99
K. Photographs of Site and Surrounding Properties
L. Plot Plan and Elevations
RES:RES
F:\PLAN\SHARE\PC\STRPT\02\02dr011(808 Wilshire).doc
-40-
ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
CATEGORY LAND USE MUNICIPAL CODE PROJECT
ELEMENT
Permitted Use General C6 (Boulevard) and C4 Convert 4,972 sq. ft. of
Commercial (Highway) Commercial service station within
with Service/ both allow office uses the building to
Specialty on the ground floor. commercial office use.
F.A.R. N/A C4 - 0.9 (1.3 if at least Project approved
30% of project is under DR 467 with a
residential or at least 2.0 FAR; no change to
80% of the project FAR with proposed DR
contains a grocery amendment.
store).
C6 -1.4 (1.75 if at least
30% of project is
residential or at least
80% of project
contains a grocery
store).
Parking Space Per DR 467 - 268 spaces provided
Number N/A including the addition
N/A Office: 1:300 of three handicapped
N/A Retail 1:300 stalls formerly used as
Service Station: 1:300 auto repair bays.
74,530 sq. ft. / 300 =
248 parking spaces
required.
41
ATTACHMENT D
PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION (STOA)
DATED DECEMBER 18, 2003
42
City of Santa Monica
City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
PROJECT
CASE NUMBER: Development Review 02-011
LOCATION: 808 Wilshire Boulevard
APPLICANT: Douglas Emmett & Company
PROPERTY OWNER: Douglas Emmett Realty Fund 1997
CASE PLANNER: Gina Szilak, Assistant Planner
REQUEST: Application for Development Review (DR) Permit 02-
011 to amend DR 467 to modify the following
conditions of approval for the project located at 808
Wilshire Boulevard: 1) eliminate the requirement for
an on-site service station; 2) permit the conversion of
three auto repair bays located in the subterranean
garage to parking; and 3) remove the condition that
50% of the ground floor uses be pedestrian oriented.
In addition, the applicant requests that the allowable
uses replacing the service station be office, retail or
other uses allowed under the C4 or C6 zoning district
standards, excluding those uses specifically
disallowed in the existing approvals.
CEQA STATUS: The project is categorically exempt from the
provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15301 (2) (A, B) (Class
1), of the State Guidelines in that the project involves
a change of use 4,972 sq. ft. for a fully developed
75,000 sq. ft. office/retail building. The land-use
change involves the conversion of the on-site gas
station to an office space within an urbanized area
where all public services are fully developed and
43
accessible.
PLANNING COMMISSION ACTION
12/18/02 Date.
Approved based on the following findings and subject to the
conditions below
X Denied.
Other.
EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:
01/02/03
Each and all of the findings and determinations are based on the competent and
substantial evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information contained herein or in the findings are based on
the substantial evidence in the record. The absence of any particular fact from any
such summary is not an indication that a particular finding is not based in part on that
fact.
DEVELOPMENT REVIEW FINDINGS
1 The physical location, size, massing, and placement of proposed structures 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.
Development Review Permit 467, approved by the City Council in 1990,
permitted a building with a 2.5 FAR and four-story height along Wilshire
Boulevard, stepping down to a three-story height along Lincoln Boulevard and a
one-story height above ground floor area that was approved for service station
use. During the 1980s, Santa Monica had seen the redevelopment of several
corner parcels, which resulted in a decline in the number of neighborhood service
stations. The project, as originally proposed, included the replacement of an
existing service station at the site in order to serve the local neighbors. However,
the proposed change of use from a service station to an office use would not
serve the nearby neighborhood or the visitors to Reed Park.
The building is also required to provide 50% of the ground floor area with
retail/pedestrian uses. This retail and pedestrian oriented use requirement was
intended to provide uses that attract pedestrians, enliven the street after the
typical 9 a.m.- 5 p.m. business day and serve the nearby neighborhood and
visitors to Reed Park. There is still a need to enliven the building’s street fronts
and to provide ground floor uses that will serve the neighborhood north of
44
Wilshire Boulevard and visitors to Reed Park. Removal of the 50% retail/
pedestrian oriented use requirement would, therefore, negatively impact the
area's pedestrian environment.
VOTE
Ayes: Dad, Hopkins, Moyle, Olsen
Nays: Brown, Clarke
Abstain: None
Absent: Johnson
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, the time within which judicial review
of this decision must be sought is governed by Code of Civil Procedure Section 1094.6,
which provision has been adopted by the City pursuant to Municipal Code Section
1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the Planning Commission of the City of Santa Monica.
_____________________________ _____________________________
Darrell Clarke, Chairperson Date
F:\PLAN\SHARE\PC\STOAS\2002\02DR011.808Wilshire.doc
45
ATTACHMENT E
CURRENT CONDITIONS OF APPROVAL DR 467:
STOA 1/16/90 CITY COUNCIL AND
STOA 3/7/90 PLANNING COMMISSION
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
46
ATTACHMENT F
CITY COUNCIL STATEMENT OF OFFICIAL ACTION FOR
DR 97-013 DATED MARCH 16, 1999
47
CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER: Appeal of Development Review Permit 97-013
LOCATION: 808 Wilshire Boulevard
APPLICANT: Mike Moreno for Wilshire Lincoln Property
APPELLANT: Roxanne Auer for Hotel Employees Restaurant Local 814
CASE PLANNER: Gina Szilak, Assistant Planner
REQUEST: Appeal of Planning Commission Approval of
Development Review Permit 97-013 to Amend
Development Review Permit 467 for the Property
Located at 808 Wilshire Boulevard.
CEQA STATUS: An Environmental Impact Report (EIR) was prepared and
certified for this mixed-use project on January 16, 1990.
The request to modify the permitted uses was determined
to be consistent with the original analysis and therefore,
no further environmental analysis is required.
CITY COUNCIL ACTION
March 16, 1999 Date.
Approved based on the following findings and subject to the
conditions below.
X
Denied. Pursuant to Santa Monica Municipal Code Section
9.04.20.14.070, and Section 9.04.20.24.010 the City Council
48
upholds the appeal, thus denying DR 97-013 and maintaining the
original conditions of DR 467.
Other.
EFFECTIVE DATE OF ACTION:
March 16, 1999
FINDINGS
1. On January 16, 1990 the City Council approved Development Review Permit 467
with specific findings and conditions intended to lessen any adverse impacts on
the surrounding area resulting from construction of the building. The permit
prescribed certain uses and the applicant has not made a good faith effort to
abide by the existing conditions of approval.
2. Development Review Permit 467 required the building owner to comply with the
following conditions:
a) Work with City staff and neighborhood representatives to identify
appropriate tenants and uses for the ground floor street frontage area
along Lincoln Boulevard and Wilshire Boulevard. The pedestrian uses
shall extend to a minimum depth of 30 feet along both the Wilshire
Boulevard and Lincoln Boulevard street frontages.
b) A minimum of 50% of the ground floor shall contain retail uses consistent
with the category of retail uses permitted in the C6 District and General
Plan Districts.
c) The gas station design and layout for lighting, ingress/egress and
mechanical exhaust systems are specifically addressed in Council’s
approval of the project. A service station was located on the site prior to
the proposed redevelopment project. The placement of a service station
use on site became an important part of the project approval due to
Council’s concern over the elimination of service stations in Santa Monica
during the late 1980’s and the early 1990’s.
d) As per the condition of DR467, which requires that the Planning
Commission review the proposed hours for ground floor retail uses, on
March 7, 1990, the Planning Commission approved the retail and service
station hours as follows: 6:00 a.m. to 10:00 p.m. Monday through
Saturday and 8:00 a.m. to 8:00 p.m. on Sunday
49
e) Special conditions were attached to the DR permit to ensure the building
design would specifically consider the pedestrian elements of design that
include landscaping, lighting, access and relationship to the street.
3. A public hearing was held by the City of Santa Monica City Council on March 16,
1999 as part of the appeal of the decision of the Planning Commission,
amending DR467. Evidence was presented by the developer of the proposed
project and interested members of the public. In addition, written communication
was submitted by the public including letters in opposition to the project and
public testimony by 24 members of the public and neighborhood residents who
opposed the project.
4. The public testimony and actions by the building owner, found the building
owners ignored the prevailing conditions of approval and signed two lease
agreements with ground floor tenants without the input of neighborhood groups
to determine if these uses were appropriate for the area. In addition, one of the
uses was for a general office, in violation of the development standard requiring a
pedestrian-oriented use. The property owner violated the approved condition of
the development review permit and filed a DR amendment to modify those
standards.
5. A gas station was approved as part of the original project (DR Permit 467). The
applicant has not established that a good faith effort was made to locate a tenant
or that the operation of a service station was infeasible. Thus, an important part
of the development project has never come to fruition. The service station has
never had a tenant since 1997 when the building was substantially completed. In
addition, the gas station was permitted to count towards the requirement that
50% of the ground floor maintain a pedestrian-oriented use. The loss of ground
floor activity as a result of the space remaining vacant has been a detriment to
the neighborhood.
6. The proposed modifications to the existing development review conditions, the
physical location, size, massing, and placement of proposed structures 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 original conditions of approval were designed to make the building
accommodate ground floor pedestrian uses along the street frontages. The
request to modify the permitted ground floor uses would be detrimental to the
neighborhood in that the concern and care taken in reviewing the original project
would be ignored without a good faith effort on the part of the building owner to
secure tenants.
7. The public testimony indicated that the building owners have not conducted the
operation at all times in a manner not detrimental to surrounding properties as
per a condition of approval in that the owners have allowed the use of the loading
dock for customer parking thereby blocking the alley when deliveries do occur
50
and by locking the underground parking on weekends. Thereby this violates a
condition of approval that requires on-site parking to be provided without charge
to tenants and employees at the project site unless and until such time as a
preferential parking district is established in the project area.
VOTE
Ayes: Feinstein, Holbrook, McKeown, O’Connor, Rosenstein, Genser
Nays: None
Abstain: None
Absent: None
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, the time within which judicial review
of this decision must be sought is governed by Code of Civil Procedure Section 1094.6,
which provision has been adopted by the City pursuant to Municipal Code Section
1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
Signature__________________________
MARIA M. STEWART, City Clerk Date
F:\PLAN\SHARE\COUNCIL\STOAS\808WILSHIRESTOA.DOC
51
ATTACHMENT G
APPLICANT’S PROPOSAL REGARDING MILES PLAYHOUSE
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
52
ATTACHMENT H
PLANNING COMMISSION MINUTES DATED 12/18/02
53
M I N U T E S
REGULAR MEETING OF THE
PLANNING COMMISSION
OF THE CITY OF SANTA MONICA
WEDNESDAY, December 18, 2002 CITY COUNCIL CHAMBERS
7:00 P.M. ROOM 213, CITY HALL
1. CALL TO ORDER:
The meeting was called to order at 7:10 p.m.
2. PLEDGE OF ALLEGIANCE:
Commissioner Moyle led the Pledge of Allegiance.
3. ROLL CALL:
Present: Barbara Brown
Darrell Clarke, Chairperson
Julie Lopez Dad
Arlene Hopkins
Geraldine Moyle
Kelly Olsen
Absent: Jay P. Johnson
Also Present: Laura Beck, AICP, Associate Planner
Kimberly Christensen, AICP, Senior Planner
Kyle Ferstead, Commission Secretary
Paul Foley, Senior Planner
Suzanne Frick, Director of Planning / PCD
Sarah Lejeune, Associate Planner
Kevin McKeown, City Council Liaison
Barry Rosenbaum, Senior Land Use Attorney
Amanda Schachter, Principal Planner
Regina Szilak, Assistant Planner
Jay M. Trevino, AICP, Planning Manager
4. PLANNING DIRECTOR'S REPORT:
Ms. Frick gave the Director’s Report. She reported that the City Council had
approved in concept the replacement of all parking meters and increasing
parking meter fees at their meeting on December 17, 2002. She also reported
that the City Council will be hearing an appeal of a Commission denial for 1544
Seventh Street on January 14, 2003. On January 28, 2003, the City Council will
be holding a public hearing on proposed changes to the Landmarks Ordinance
54
and an interim ordinance dealing with residential development standards for the
Sunset Park and North of Wilshire areas.
5. APPROVAL OF MINUTES:
5-A. September 18, 2002
City Council Liaison McKeown noted an error on the minutes, specifically he
was not listed as being present. Staff indicated that this will be amended.
Commissioner Dad made a motion to approve the minutes for September 18,
2002, as amended. Commissioner Hopkins seconded the motion, which was
approved by voice vote.
5-B. October 16, 2002
Commissioner Hopkins made a motion to approve the minutes for October 16,
2002. Commissioner Brown seconded the motion, which was approved by voice
vote with Commissioner Dad and Moyle abstaining.
6. STATEMENTS OF OFFICIAL ACTION:
Commissioner Dad made a motion to approve the Statements of Official Action.
Commissioner Brown seconded the motion, which was approved by voice vote.
6-A Design Compatibility Permit 02-005 and Tract Map 02-006, 2411 Fourth Street.
.
6-B. Conditional Use Permit 02-018, 2538 San Vicente Boulevard.
7.PUBLIC HEARINGS:
7-A.
Resolution of Intention amending Zoning Ordinance Section 9.04.10.02.240
regarding dwelling unit density calculation and Section 9.04.10.02.360 regarding
rear yard setbacks. (Planner: Laura Beck, AICP)
Associate Planner Laura Beck gave the staff report.
Commissioner Dad moved staff’s recommendation.
Commissioner Moyle asked staff why this amendment is not being extended to
single family residences. Ms. Beck explained that this issue is being pursued in
another format for single family residences.
Chair Clarke expressed concern that the proposed change may effect garage
door placement and turning radii into garages. Ms. Beck stated that this issue is
part of the analysis for the Text Amendment.
55
Commissioner Hopkins stated that she wants conformity and a reduction in
density in residential districts and that the amendment include single family
residences. Ms. Beck stated for the record that density would not change for R-1
lots.
Commissioner Hopkins expressed concern about bulk and massing. Planning
Manager Trevino stated that when calculating density, a single family residence
will always be one dwelling unit. He also stated that in terms of setbacks, single
family residences have greater setbacks than multi-family buildings.
Commissioner Moyle seconded the motion.
The motion was approved by the following vote:
AYES: Brown, Clarke, Dad, Hopkins, Moyle, Olsen; ABSENT: Johnson.
7-B. Development Review Permit Application 02-011, 808 Wilshire Boulevard.
Request to modify the conditions of approval for Development Review Permit
#467 to eliminate the requirement for an on-site gas station, permit the
conversion of three auto repair bays located in the subterranean garage to
parking, and modify the condition that 50% of the ground floor uses be
APPLICANT: Douglas Emmett &
pedestrian oriented. [Planner: Gina Szilak]
Company. PROPERTY OWNER: Douglas Emmett Realty Fund 1997.
[Continued from December 4, 2002.]
The Commission disclosed they all received a letter from former Councilmember
Dennis Zane regarding the project.
Assistant Planner Regina Szilak gave the staff report.
Commissioner Moyle asked staff about a reference in the staff report on page
seven, last paragraph, regarding verifying tenant use. Ms. Szilak stated that the
property owner does not want the gas station use as a requirement for the
building.
Commissioner Moyle asked staff how long the present property owner has
owned the building and if the prior property owner had issues with the gas station
requirement. Ms. Szilak stated that the present owner has owned the building for
approximately two and a half years and that both the current property owner and
prior property owner wanted removal of the gas station requirement.
Commissioner Brown asked staff if their primary concern is pedestrian orientation
for the building and how the removal of the gas station would affect that concern.
Ms. Szilak explained the area percentage for the ground floor pedestrian oriented
space required in the prior approvals for this building in relation to the current
proposal to remove the gas station component. Commissioner Brown asked how
removal of the gas station would help pedestrian orientation. Ms. Szilak stated
56
that the gas station component is considered a neighborhood serving use per the
original approval for the building and the gas station counts toward the required
50% of pedestrian oriented ground floor uses.
Commissioner Hopkins disclosed that she has Cingular wireless telephone
service and frequents the Cingular store in this building. She stated that the
Cingular business is not a pedestrian oriented use. She also stated that trading
the gas station for additional parking would be good.
Chair Clarke disclosed that he also uses Cingular wireless service. He then
stated that he is hearing two different issues for this site. Ms. Szilak stated that
staff’s issue is that no gas station operator was ever obtained for this site and the
gas station has never been operational since the building was completed.
Chair Clarke asked if it is physically possible to convert the gas station space to
pedestrian oriented retail space. Ms. Szilak stated that it possible.
Chair Clarke asked staff why the gas station never operated. Ms. Szilak stated
that the property owner has had difficulty obtaining a tenant for the gas station
operation, although all physical components are in place for that use.
Commissioner Olsen commented that the staff report states that the prior
property owner was not in compliance with the 50% retail requirement even with
the gas station being counted toward pedestrian oriented uses. Ms. Szilak stated
that there has been vacancies for ground floor tenancy since 1996, which is not
failure to comply.
The applicant’s team consisted of Dan Emmett of Douglas Emmett & Company,
Dr. Kimble J. Clark of Aptech Engineering Services, and Doug Dworsky, the
project architect. They made a presentation regarding their proposal.
Commissioner Dad asked Mr. Clark if he is aware of any other office buildings
with gas stations inside of them. Mr. Clark stated that he is not aware of any such
buildings and current Fire Code regulations would not permit such a use unless
the building had only other auto-related uses.
Commissioner Moyle commented on the letter submitted by Mr. Clark, which
details an explosion of a gas station in Puerto Rico. She speculated that Puerto
Rican building standards are not as strict as California standards.
Commissioner Olsen asked Mr. Clark if he is familiar with Puerto Rican fire and
building codes and their inspection process. Mr. Clark admitted he was not
familiar with those issues, however his field of expertise does include analysis of
explosions and the great damage that can be caused to a sturdy building by
gasoline related explosions.
57
ent stated that some tenants
Commissioner Olsen asked Mr. Clark if Fire Marshals in various jurisdictions,
including Santa Monica, review the building plans for this project as regards the
safety issues he has raised. Mr. Clark responded in the negative.
Chair Clarke asked about the difference between propane and gasoline versus
natural gas in terms of their explosive potential. Mr. Clark stated that the energy
release is the same, however natural gas has a tendency to drift upward as it is
lighter than air.
Commissioner Hopkins asked if all the pipelines, tanks and other mechanical
specifics will be removed if this application is approved. Mr. Emmett stated that
he expected all would be removed, certainly all visible mechanical.
Commissioner Hopkins asked if there is an anticipated use for the space that
would be created. Mr. Emmett stated that the use will be market-driven and that it
will be a hard space to lease for retail use.
Commissioner Hopkins asked about some details shown on the plans. Mr.
Emmett responded to those questions.
Commissioner Hopkins asked about the length of leases for the building. Mr.
Emmett stated tenant spaces average ten year leases.
Commissioner Dad asked Mr. Emmett if he was aware of the conditions of
approval for the building when he purchased it. Mr. Emmett answered in the
affirmative and stated that he reviewed the City’s file prior to purchasing the
building.
Commissioner Olsen recalled the controversy when the original building proposal
was presented, specifically regarding the loss of the gas station on the site. Mr.
Emmett stated that he read about those issues in the City’s file.
Chair Clarke asked Mr. Emmett if he can achieve the 50% requirement. Mr.
Emmett expressed the opinion that he could live with that condition.
Commissioner Hopkins commented on parking problems with the building and
use of the loading zone. Mr. Emmett explained how those issues have been dealt
with since he purchased the building and stated that the parking is open on
week-ends now.
Commissioner Hopkins asked if it would be possible to have validated one-hour
parking to encourage the use of the on-site parking. Mr. Emmett stated that some
tenants, including Cingular, do validate for parking. Commissioner Hopkins asked if signage could be added stating that fact. Mr. Emmett stated that there is new signage at the parking
structure entry. An unidentified gentleman affiliated with building managem
offer validation and reduced parking rates and that more visitor parking spaces
have been added to the upper garage.
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Commissioner Hopkins asked Mr. Emmett about his corporate philosophy
regarding finding tenants for his building. Mr. Emmett stated that his company
avoids national tenants and looks for local businesses, which tend to be better
tenants.
Chair Clarke suggested the Commission begin their discussion. Commissioner
Olsen stated that the consultant provided no credible evidence about public
safety issues to dissuade the staff recommendation. He stated that the City’s Fire
Department has no problem with the conditioned gas station use in the building.
He noted that the Los Angeles Fire Department has a gas station in their building
at 200 North Main Street, adjacent to Los Angeles City Hall. He further stated
that the City Council unanimously approved this project in 1989 with the gas
station component. He closed by saying that the gas station was approved for
this building as an amenity to the community’s benefit.
Commissioner Dad asked how the City determined the gas station use would be
safe in the original approval. Ms. Szilak stated that the 1989 Final Environmental
Impact Report (EIR) stated there are no safety impacts presented by the
proposed project. Ms. Frick stated that the Building and Safety Division and Fire
Department reviewed the plans during the plan check process and signed off on
the design and mechanics of the project. Ms. Szilak added that the building
permits were issued in 1991 and the Certificate of Occupancy signed in 1996.
Commissioner Dad asked if an operator was ever identified for the site. Ms.
Szilak stated that records indicated it would be a independent operator.
Commissioner Dad expressed her appreciation for the issues raised during this
hearing. She also thanked staff for providing background on this project. She
stated that the broader issue raised is the process and changing approvals after
the building is built.
Commissioner Brown expressed agreement in principle for consistency, however
she expressed the need for wisdom and perspective in this matter. She
commented that the building was approved with the gas station component at a
time when many gas stations were closing and perhaps now that use does not
make sense. She stated that there has been no public clamor for a gas station at
this location during this hearing, nor public outcry against the use.
Commissioner Moyle made a counterpoint to Commissioner Brown’s comment.
She stated that gas station was approved as a public benefit, so the community
would not be deprived of a gas station at this location. She further stated that the
gas station has been gone for a long time and this proposal is treading close to
setting a precedent. She commented that the threat of an explosion is alarmist
and the EIR did not cite this as a negative public safety impact. She also
commented that the last appeal made to the City Council in March 1999 had a
unanimous denial by the City Council. Lastly, in Finding #5 of the staff report
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states that “no good faith effort was made” by the building owner to find a gas
station tenant.
Chair Clarke stated that this case is about a gas station. He stated that he
drives by the site daily and has never regretted the loss of the prior gas station
and he does not see the need for one now.
Commissioner Olsen made a motion to adopt the staff recommendation to deny
the application.
Commissioner Moyle seconded the motion.
Commissioner Hopkins commented on the statements made by Commissioner
Brown and Chair Clarke. She suggested that the gas station could be replaced
with housing units or other community serving uses.
Commissioner Olsen commented that he has no experience with the gas station
business and understands there are economic issues. However, the applicant did
not supply any credible evidence regarding efforts to market a gas station. To
Chair Clarke, Commissioner Olsen suggested that a gas station may be of no
interest now, but might be used by him. To Commissioner Brown, Commissioner
Olsen reminded her that the applicant is applying to change a condition of
approval. He agreed that there was no clamor for or against a gas station at the
site and the Commission cannot control the rental of space in buildings.
Commissioner Dad commented that all the points made have been excellent.
She stated that flexibility needs to be maintained, however the potential hazards
have not been proven by the application. She also stated that that a gas station
has never had the chance to succeed or fail since no tenant ever occupied the
space. She commented that while the applicant has pursued the appropriate
course to change the conditions of approval for the building, he also knew when
he purchased the property that the gas station requirement was part of the
building’s approval by the City. Lastly, Commissioner Dad stated she would
support the motion.
Chair Clarke made a substitute motion for approval with the deletion of the gas
station requirement and with requirement for 50% retail on the ground floor.
Commissioner Brown seconded the substitute motion.
The substitute motion failed by the following vote:
AYES: Brown, Clarke; NOES: Dad, Hopkins, Moyle, Olsen; ABSENT: Johnson.
The main motion for denial had the by the following vote:
AYES: Dad, Moyle, Olsen; NOES: Brown, Clarke, Hopkins; ABSENT: Johnson.
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As the motion was going to suffer a technical denial, Commissioner Hopkins
asked to change her “no” vote to a “yes” vote. The motion for denial was
approved.
[The Commission took a break from 9:17 p.m. to 9:40 p.m.]
7-C. Design Compatibility Permit 02DCP-007 and Vesting Tentative Tract Map
02TM-005 (VTTM 53583), 1415 Sixteenth Street
[R3 – Medium Density Multiple
Family Residential District]. Application for a Design Compatibility Permit and
Vesting Tentative Tract Map to allow the construction of a new three-story, six-
unit condominium with 13 subterranean parking spaces located in the R3
Medium Density Multiple Family Residential District. Each of the 6 dwelling units
will contain three bedrooms, two full baths and one half-bath. [Planner: Sarah
APPLICANT: Hao Investment, LLC and David Yuguchi.
Lejeune]
PROPERTY OWNER: Hao Investment, LLC.
The Commission had no disclosures to make regarding this project.
Associate Planner Sarah Lejeune gave the staff report.
Commissioner Olsen asked staff why a computerized rendering was not part of
the Commission’s packet. Ms. Lejeune stated that the applicant did not supply
copies to staff.
Commissioner Hopkins asked staff about neighbors’ concerns regarding privacy
issues and if window alignment had been checked by staff. Ms. Lejeune
indicated that the plans were reviewed.
The applicant’s architect, David Yuguchi, was present to discuss the project with
the Commission.
Commissioner Moyle asked Mr. Yuguchi about some external ladders shown on
the plans. Mr. Yuguchi stated that the ladders are for access to the air
conditioning units on the roof.
Commissioner Hopkins asked Mr. Yuguchi about the position of the garage
stairway at the north end of the garage. Mr. Yuguchi stated that its placement
allows for required parking spaces.
One member of the public, Tely Toumani, was present to address the
Commission regarding the proposed project. Two other members of the public
submitted request to speak forms, Jeannette Lindsay and Steven Isoardi, but
were not present when their names were called.
Mr. Yuguchi responded to the public comment.
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Commissioner Olsen expressed concern with the verticality of the building and
the lack of neighborhood orientation or interaction with the street. Mr. Yuguchi
stated that the verticality came from compliance with the Zoning Ordinance
setbacks for front and side yards and due to the desire to orient the balconies
toward the west.
Commissioner Hopkins suggested the possibility of moving the stairwell to the
north in the garage parking plan. Mr. Yuguchi stated that such a change would
increase the headroom space.
Commissioner Hopkins asked Mr. Yuguchi to comment on the window placement
issue. Mr. Yuguchi explained that the proposed window placements are regular
and the windows are large, but the issue can be revisited.
Commissioner Hopkins commented that she wants the neighbors’ visual privacy
protected, then she asked about landscaping for the project. Mr. Yuguchi stated
that 50% of the sideyard will be landscaped, except for the driveway. He stated
that there will also be recessed planters that will appear to be part of the walking
space.
Chair Clarke closed the public hearing.
Chair Clarke commented on the front façade, the use of French doors and the
multiple walks to the front of the structure.
Commissioner Moyle made a motion for approval with staff conditions and
findings and with the added condition that the front door of the front unit be
oriented toward the frontyard with no gate permitted.
Chair Clarke seconded the motion.
Commissioner Moyle asked for a condition that sideyard landscaping be a
material like bamboo that grows in clumps. Commissioner Hopkins asked that
the vegetation be any type that provides privacy to neighbors and residents.
Chair Clarke agreed to the conditions. He then asked that the Architectural
Review Board (ARB) pay attention to the front of the building and the frontyard
landscaping and that the sidewalks be friendly.
The motion as amended was approved by the following vote:
AYES: Brown, Clarke, Dad, Hopkins, Moyle, Olsen; ABSENT: Johnson.
Following the vote, Chair Clarke commended the architect for following the
design process. Commissioner Brown also complimented the architect for
addressing the Commission’s comments and concerns.
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[The Commission took a break from 10:35 p.m. to 10:43 p.m.]
7-D. Conditional Use Permit 02-016,1944 Pico Boulevard.
Application to amend
Conditional Use Permit 142 U.P. to allow the conversion of three existing
automobile repair service bays into a retail mini-market to be operated in
conjunction with an existing service station. The mini-market/service station
would operate from 7:00 a.m. to 10:00 p.m. daily. [Planner: Bradley J. Misner,
APPLICANT: Jonathan Inc. PROPERTY OWNER: Tosco Trust 2000-F.
AICP]
The Commission had no disclosures to make for this project.
Associate Planner Bradley Misner gave the staff report.
Commissioner Olsen commented on the less intensive use the proposed change
to a mini-market will be, then asked about the automobile repair use for the
service station. Mr. Misner stated the automobile repair use is a legal non-
conforming use in the C-2 District and the mini-market is a permitted use.
Commissioner Olsen asked about delivery hours for the mini-market. Mr. Misner
stated he did not recall a condition regulating delivery hours.
Chair Clarke commented that Santa Monica College students may use the mini-
market so it could be considered a neighborhood serving use. Mr. Misner stated
that the use will serve students as well as neighbors so staff deemed it an
acceptable use.
The business owner, Bouris Pouldar, was present to discuss his proposal. He
stated that he has operated the 76 Service Station since 1990.
Commissioner Olsen asked Mr. Pouldar if he is aware that this change of use will
mean he is giving up his right to do automobile repair on the property. Mr.
Pouldar indicated he is aware of that fact.
Commissioner Olsen asked about vendor delivery hours. Mr. Pouldar stated that
vendors only deliver between 8:00 a.m. and 3:00 p.m. and later hour deliveries
are refused. Commissioner Olsen asked if this can be a condition of approval.
Mr. Pouldar was agreeable to such a condition.
Commissioner Olsen asked about “loading.” Mr. Pouldar stated that loading is
done through the main doors.
Commissioner Olsen asked about the propane tanks open to the alley and
adjacent to parking spaces and if they were remaining. Mr. Pouldar stated there
would be change in their placement and no parking is permitted adjacent to the
tanks per Fire Code regulations. Commissioner Olsen expressed concern that it
may generate noise, which could effect the adjacent residential neighbors. Mr.
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Pouldar stated that the alley is very narrow and there are only four parking
spaces and a tiny access point for pedestrians.
Commissioner Olsen asked if there is any rear access to the building. Mr.
Pouldar answered in the negative.
There were no request to speak forms submitted for this item.
Commissioner Hopkins made a motion for approval.
Commissioner Brown seconded the motion. She asked if Conditions #28, #29,
and #30 on page 11 of the staff report were pertinent for this application. Mr.
Misner stated that they are standard conditions related to automobile facilities
and that Condition #29 could be eliminated.
Commissioner Olsen expressed concern about the wall separation along the rear
property line (east/west) and alley access. Mr. Misner stated that the proposed
conversion of use requires additional parking spaces on-site and the concern
raised would eliminate some of those spaces.
Chair Clarke asked if the parking spaces are existing. Mr. Misner stated that they
are existing, but not legal. Chair Clarke asked if there are other physical
changes to the property. Mr. Misner stated that the curb cut on Twentieth Street
will be narrowed to allow better access to the parking spaces.
Commissioner Olsen asked for a condition that all delivery vehicles will park on-
site. Commissioners Brown and Hopkins were agreeable to the condition.
Commissioner Olsen asked for a condition that delivery hours be from 8:00 a.m.
to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday and
Sunday. Commissioners Brown and Hopkins were agreeable to the condition.
Commissioner Olsen stated he will vote against the motion on principal.
The motion was approved by the following vote:
AYES: Brown, Clarke, Dad, Hopkins, Moyle; NOES: Olsen; ABSENT: Johnson.
8. DISCUSSION:
Public Input Permitted
Note: These items may have been continued from the December 11, 2002
meeting.
8-A. Request of Commissioners Johnson and Olsen for the Commission to discuss
and adopt a policy of prohibiting ex parte meetings and other forms of lobbying
Commissioners by interested parties outside of public view for quasi-judicial
items that appear before the Commission, to establish rules and procedures for
64
the transmittal of written materials and e-mails from interested parties regarding
quasi-judicial items and give direction to staff to prepare language to amend the
Commission rules to carry out these policies. Requested via e-mail on August
27, 2002. [Continued from October 9, 2002, November 6 and November 20,
2002.]
ACTION: CONTINUED TO JANUARY 8, 2003.
8-B. Discussion on appropriate scope, areas and subjects of analysis to be
undertaking by the Master Environmental Assessment (MEA). Requested by
Commissioner Hopkins via e-mail on October 10, 2002. [Continued from
November 6, November 20, and December 4, 2002.]
ACTION: CONTINUED TO JANUARY 8, 2003.
8-C. Discuss permit process, appeals, and how administrative decisions are made
and/or corrected, specifically in regard to possible martial arts school at 2901
Ocean Park Boulevard (C-2 District). Requested by Commissioner Dad via e-
mail on November 14, 2002.
ACTION: PREVIOUSLY HEARD.
8-D. Discussion on the procedure for public appeal of an Administrative Approval
and for initiation of an Administrative Approval Revocation Hearing. Requested
by Commissioners Brown, Hopkins and Johnson on November 20, 2002.
[Continued from December 6, 2002.]
ACTION: CONTINUED TO JANAURY 8, 2003.
8-E. Appointment of East-West Commercial Corridors Study Task Force Members.
(Staff: Ellen Gelbard) [Continued from December 4, 2002.]
ACTION: CONTINUED TO JANUARY 8, 2003.
8-F. Request by Commissioners Brown and Hopkins to discuss possible text
amendment to expand criteria for revocation of administrative approvals, to add
public notification and to add public appeal procedures. Requested by
Commissioner Hopkins via e-mail on November 27, 2002.
ACTION: CONTINUED TO JANUARY 8, 2003.
8-G. Request by Commissioner Hopkins for a study session on the Urban Water
Management Plan, and on the possibility of establishing a City Water Budget. As
required by the California Department of Water Resources, the City of Santa
Monica has an Urban Water Management Plan. Discuss options to extend
Sustainable City targets to include a citywide water budget, and to link the water
65
budget to land use. Requested by Commissioner Hopkins via e-mail on
December 4, 2002.
ACTION: CONTINUED TO JANUARY 8, 2003.
9. FUTURE COMMISSION AGENDA ITEMS:
None.
10. PUBLIC INPUT:
None.
11. ADJOURNMENT:
The meeting was adjourned at 11:10 p.m.
APPROVED: February 5, 2003
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ATTACHMENT I
LETTER FROM DOUGLAS EMMETT DATED FEBRUARY 7, 2003
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
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ATTACHMENT J
KAKU ASSOCIATES, INC. TRAFFIC STUDY MARCH 20, 2003
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
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ATTACHMENT K
LETTER FROM BOURIS POULDAR DATED APRIL 22, 2003
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
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ATTACHMENT L
LETTER FROM BILL GILMORE: COLDWELL BANKER DATED MARCH 28, 2003
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
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ATTACHMENT M
FOUR LETTERS RECEIVED AT THE PC HEARING ON DECEMBER 18, 2002
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
71
ATTACHMENT N
LETTER FROM KIDNASIUM DATED MARCH 14, 2003
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
72
ATTACHMENT O
SANTA MONICA TRIP GENERATION TABLE
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
73
ATTACHMENT P
BOUND LETTERS FROM APTECH ENGINEERING SERVICES DATED
JANUARY 4, 2002, JANUARY 31, 2003, FEBRUARY 7, 2003, MARCH 7, 2003
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
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ATTACHMENT Q
PROJECT PLANS
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk’s Office.
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