SR-402-010 (25)
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SEP 9 2003
PCD: S F :JT :AS: PF: GS :f:\plan\share\cou ncil\stoas\2003\808wilshire2003stoa.doc
Council Mtg: September 9, 2003 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of Statement of Official Action for Appeal of Planning
Commission Denial of Development Review Permit 02-011 to Amend
Development Review Permit 467 for the Property Located at 808 Wilshire
Boulevard. Applicant/Appellant: Douglas Emmett and Company.
INTRODUCTION
This report transmits for City Council certification the Statement of Official Action for the
appeal, reversing the Planning Commission's denial of Development Review Permit 02-
011 to amend Development Review Permit 467 for the property located at 808 Wilshire
Boulevard.
On July 8, 2003, the Council upheld the appeal based on the findings contained in the
attached Statement of Official Action,
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal
impact.
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.11.
SEP 9 2003
RECOMMENDATION
It is respectfully recommended that the City Council approve the attached Statement of
Official Action.
Prepared by:
Suzanne Frick, Director of Planning and Community Development
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: Statement of Official Action
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CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL ACTION
City of
Santa MOllieaw
PROJECT
CASE NUMBER:
Appeal of Development Review Permit 02-011
LOCATION:
808 Wilshire Boulevard
APPLICANT:
APPELLANT:
Douglas Emmett and Company
Douglas Emmett and Company
CASE PLANNER: Gina Szilak, Assistant Planner
REQUEST: 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 three
auto repair bays to general office, retail or other general
commercial uses. The project also includes Ithe provision
for up to 100 parking spaces for patrons, cast and crew of
the Miles Playhouse located in Reed Park. As proposed,
the parking spaces, which would be shared with tenants
and visitors to the building, would be available Thursday
and Friday evenings from 6:00 p.m. until 111 :00 p.m. and
on Saturdays and Sundays for up to two shows per day.
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 relT)odeling 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 existin 75,000 sq. ft. office/retail
building. The project also includes the shared use of up
to 100 existing parking spaces.
CITY COUNCIL ACTION
Julv 8. 2003
Date.
x
Approved based on the following findings and subject to the
conditions below.
EFFECTIVE DATE OF ACTION:
Julv 8. 2003
EXPIRATION DATE OF ANY PERMIT GRANTED:
JulV 8, 2004
LENGTH OF ANY POSSIBL~ EXTENSION OF EXPIRA.JLQN OATES:
Any request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit:
6-months
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 compatible with 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 with
heights of three-stories and one story along Lincoln Boulevard qnd to a
one story height above the service station area, will provide an atlequate
amount of landscaping and open space adjacent to street level and on the
interior of the site, and provide an appropriate transition between the
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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. Converting
this area to other commercial 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.
4 Anyon-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 ~eneral
Plan, in that any proposed new use of the existing service statio~ facility
will be consistent Santa Monica Municipal Code Section 9.04.08.22.020
with the exception of those uses prohibited by this permit.
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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 and the project
application, 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.
Fees
5. 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.
6. To mitigate solid waste impacts, 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)
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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.
7. To mitigate circulation impacts, 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-occupant vehicles,
reduced rates for care and vanpools; C. Ridesharing programs such as a
rideshare matching program, incentives, and car and van pool 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.
8, 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
9, The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
10. 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.
11 No medical office use shall be permitted at the site
Validity of Permits
12, Within ten days of City Council transmittal of the Statement of Official
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14.
15.
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17.
Action, 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.
Special Conditions
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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 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. 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 thr. site. Ingress/Egress to the
subterranean garage shall be provided fro Lincoln Boulevard and/or
Wilshire Boulevard only. I
On-site parking shall be provided WithO!t charge to tenants and
employees at the project site unless and unt I such time as a preferential
parking district is established in the project a ea, which in the judgment of
the Planning Director and Parking and Tra ic Engineer will adequately
protect neighborhood residents from potential parking impacts of the
project.
To mitigate traffic impacts identified in the environmental impact analysis,
no medical office, or branch bank uses shall be permitted in the project.
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.
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.
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18 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.
19. 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 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.
20. In accordance with Part 9.04.10.12 of the Santa Monica Municipal Code,
prior to issuance of a building permit to the convert gas station space to
office, the developer shall execute 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.
21 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 building's 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 include a pedestrian serving use or
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other general commercial use. However the minimum 50% requirement
for pedestrian oriented use at the ground floor street frontage along
Wilshire Boulevard and Lincoln Boulevard does not mandate such a use
within this space.
22. 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.
VOTE
Ayes:
Nays
Abstain
Absent:
Bloom, Feinstein, Genser, Holbrook, Katz, McKeown, O'Connor,
None
None
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 ~\.A.:) -~
MARIA M. STEWART, Qity Clerk
<-t- \. ~-- 0 :3
Date
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