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SR-402-010 (9) ... /-/ _,-..< " ..... t# ~ [ (, - /~ ! #' It-e.f - , !'~/", . (g-H FEB 2 7 ,990 California }.~':7 ;;. -- {) I D C/ED:PB:DKW:WW pc/OOMEMO Council Mtg: if) Z-" 010 Santa Monica, February 27, 1990 TO: Mayor and City Council FROM: City staff SUBJECT: Certification of Statement of Official Action for Appeal of Planning commission Requirement that Imposed a Two and Three story Height Limit as a Condition of Approval for Development of a Commercial project Consisting of Ground Floor Retail and Service station Uses and Second and Third Floor Office Uses Constructed Over a Subterranean Parking Garage Located at 800 Wilshire Boulevard. =--- () / (j INTRODUCTION This report recommends that the city Council certify the attached statement of Official Action for the above referenced appeal. BACKGROUND After a public hearing, and careful review of the record and staff recommendation, the City Council upheld an appeal of the Planning Commission's conditional requirement that imposed a two to three story height limit for development of a project at 800 Wilshire Boulevard. The City council approved a three to four story building height limit with findings contained in the attached statement of Official Action. RECOMMENDATION It is respectfully recommended that the Council certify the attached statement of Official Action. - 1 - ~~ H90 . . prepared by: Wanda Williams, Associate Planner D. Kenyon Webster, Principal Planner Paul Berlant, Director of Planning Planning Division community and Economic Development Department pc/OOMEMO 02/20/90 - 2 - . . STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: DR 467, EIR 884, VAR 5423 LOCATION: 800 Wilshire Boulevard APPLICANT: Wilshire Lincoln Properties APPELLANT: Mike Marino representing wilshire Lincoln Properties REQUEST: Appeal of Planning Commission Requirement that Imposed a Two and Three Story Height Limit as a Condition of Approval for Development of a Com- mercial Project Consisting of Ground Floor Retail and service station Uses and Second and Third Floor Office Uses Constructed Over a Subterranean Parking Garage Located at 800 Wilshire Boulevard. CITY COUNCIL ACTION 01/16/90 Date. Approved project based on the following findings and subject to the conditions below. Denied. X Other. Appeal Upheld. Conditions of Approval Modified to Reflect City Council Action. Project Remanded Back to the Planning Commiss ion. Cer- tification of EIR Upheld. FINDINGS DEVELOPMENT REVIEW FINDINGS 1. With the project modifications and conditions approved by the Council, the physical location, size, massing, and placement of proposed structures on the site and the loca- tion of proposed uses within the project are compatible with and relate harmoniously to surrounding sites and neighborhoods, 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 - 1 - . . 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 commer- cially-zoned parcels along Wilshire and Lincoln Boulevards and the residentially-zoned parcels located to the east along Ninth street. 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. 4. Anyon-site provision of housing or parks and public open space, which are part of the required project mitigation measures required in Subchapter 5G of the city of Santa Monica Comprehensive Land Use and Zoning ordinance, satis- factorily Ineet the goals of the mitigation program, in that the project will be required to comply with the re- quirements of this program. 5. The project is generally consistent with the Municipal Code and General Plan, in that the project as conditioned is designed to meet all code and General Plan require- ments, with the exception of the required parking variance. 6. Reasonable mitigation measures have been included for all adverse impacts identified in an Environmental Impact Re- port, in that all reasonable mitigation measures recommen- ded by the EIR have been included as conditions of approv- al for the project. VARIANCE FINDINGS 1. There are special circumstances or exceptional charac- teristics applicable to the property involved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification, in that the number of on- site parking spaces exceeds the code requirement and the inclusion of compact and tandem parking spaces will not detrimentally affect the circulation and parking patterns of the project. 2. The granting of such variance will not be detrimental or injurious to the property or improvements in the general vicinity and district in which the property is located, in - 2 - . . that similar projects in the past have utilized compact and tandem parking with no significant impact on circula- tion patterns or neighboring properties and that provided parking is in excess of that required. 3. The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships, in that past projects have incorporated compact and tandem parking spaces with no significant impacts and the total number of parking spaces provided exceeds the required number. 4. The granting of a variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, or to the goals, Objectives, and policies of the General Plan, in that the project as conditioned is con- sistent with the General Plan. 5. The variance would not impair the integrity and character of the district in which it is to be located, in that more parking than is required will be provided and the variance will not affect the appearance of the project. 6. The subject site is physically suitable for the proposed variance, in that it is a recycling of commercial land with the provision of adequate access and circulation. 7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed variance would not be detrimental to public health and safety, in that the project is an in-fill in a developed area with all necessary improvements. 8. There will be adequate provisions for public access to serve the subj ect variance proposal, in that adequate driveways will be provided and pedestrian sidewalks are in existence. 9. The strict application of the provisions of Chapter 10 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance would result in unreasonable deprivation of the use or enjoyment of the property, in that similar varian- ces have been granted in the past which have not created any deleterious effects and parking is provided for the project in excess of that required. CONDITIONS Plans 1. This approval is for those plans dated 11/10/89 as re- viewed by the City Council on 01/16/90, a copy of which shall be maintained in the files of the City Planning Di- vision. Project development shall be consistent with such - 3 - . . plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chap- ter 1, Article IX of the Municipal Code, (Zoning Or- dinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be sub- ject to the review and approval 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 confonnance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 5. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 6. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orienta- tion and amenities; scale and articulation of design ele- ments; exterior colors, textures and materials; window treatment; glazing; and landscaping. Fees 7. The city is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the city. This ordinance may require that the owner of the proposed proj ect pay such new development fees, and that employers within the project pay such new annual em- ployer fees related to the City's Transportation Manage- ment Plan. Demolition 8. Until such time as the demolition is undertaken, and un- less 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 surveil- lance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscap- ing material remaining shall be watered and maintained until demolition occurs. - 4 - . . 9. Unless otherwise approved by the Recreation and Parks De- partment and the Planning Division, at the time of demoli- tion, 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 Building Division approval 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 General Services, 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 deter- mined by the Department of General Services shall be re- constructed to the satisfaction of the Department of General services. Approval for this work shall be ob- tained from the Department of General Services prior to issuance of the building permits. 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 specifications of the Department of Recreation and Parks and the Department of General Ser- vices. No street tree shall be removed without the ap- proval of the Department of Recreation and Parks. 16. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of General Services prior to issuance of a building permit. As ap- plicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all con- tractors and subcontractors as well as the developer and architect~ 2) Describe how demolition of any existing structures is to be accomplished~ 3) Indicate where any cranes are to be located for erection/construction~ 4) Describe how much of the public street, alleyway, or side- walk is proposed to be used in conjunction with construc- tion~ 5) Set forth the extent and nature of any pile- driVing operations~ 6) Describe the length and number of - 5 - . . any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewater- ing and its effect on any adjacent buildings; 8) Describe anticipated contruction-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 normal- ly permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe con- struction-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 consis- tent 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 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 con- struction at the project site. The pages shall be lami- nated 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 General Services Department certifying that existing Santa Monica occupancies with toilets installed prior to 1978 have been retrofitted with ultra low-flow toilets (1.6 gallons per flush or less) such that development of the new project will not result in a net increase in wastewater flows. Flow from existing occupancies which will be removed as part of the new development may be deducted 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 General Services Department. 21. To mitigate solid waste impacts, Certificate of Occupancy, project recycling plan to the Department its approval. The recycling plan prior to issuance of a o~~er shall submit a of General Services for shall include 1) list of - 6 - . . 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 General Services for its approval. This plan shall in- clude: 1) Name, address and telephone number of desig- nated person(s) responsible for coordinating transporta- tion demand management measures 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 are 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 car and vanpools; C. Ridesharing programs such as a rideshare matching program, incentives, and car and vanpool sub- sidies: D. Transit programs such as provision of bus schedules to employees and visitors, subsidized bus tokens and passes to employees and visitors; E. Bicycling pro- grams such as provision of secure bicycle storage facili- ties, 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 SB (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 excavation or construction, work are uncovered during in the affected area - 7 - . . shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project1s owner's expense. A determination shall then be made by the Director of Planning to determine the sig- nificance of the survey findings and appropriate actions and requirements, if any, to address such findings. 28. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9040.13-9040.15. Refuse areas shall be of a size adequate to 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 General Services. Validity of Permits 30. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further per- mits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 31. Within ten days of Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the statement of Official Action prepared by the Planning Division, agreeing to the Condi- tions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for poten- tial revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights appli- cant may possess regarding said conditions. The signed Statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. Monitoring of Conditions 32. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordi- nate a monitoring and reporting program regarding any re- quired 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 General Services Department, the Fire Department, the Police Department, the community and Economic Development Department and the Finance De- partment are aware of project requirements which must be - 8 - . . satisfied prior to issuance of a Building Permit, Certifi- cate of Occupancy, or other permit, and that other respon- sible 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 designed and directed so as to not spillover into adjacent residen- tial 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 ex- ceed four stories/56 feet along Wilshire Boulevard and shall step down to three stories/45 feet along Lincoln Boulevard. The proj ect shall be remanded back to the Planning Commission for further review as indicated herein. The design of the modified building shall incorpo- rate additional articulation and stepping back of upper floors. Floor area shall be limited to a 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 and articulation of the building, proj- ect access and increased landscaping along Lincoln and Wilshire Boulevards in order to ensure that the proj ect does not substantially differ from the proj ect as dis- cussed and certified in EIR 884. The service station shall continue to show no alley ingress/egress. A mini- mum 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/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 ten- ants and employees at the proj ect site unless and until such time as a preferential parking district is es- tablished in the project area, which in the judgment of the Planning Director and Parking and Traffic Engineer will adequately protect neighborhood residents from poten- tial parking impacts of the project. 36. To mitigate traffic impacts identified in the environmen- tal impact analysis, no medical office, or branch bank uses shall be permitted in the project. - 9 - . . 37. If requested by the Santa Monica Transportation Depart- ment, project owner shall provide and maintain a bus shel- ter built to city specifications along the Wilshire and Lincoln frontages 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 General Services Depart- ment, applicant shall perform to the satisfaction, or re- imburse 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 on the west- bound 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 prop- erly operating and maintained muffler exhaust systems. 42. South Coast Air Quality Management District Rule 403 will be adhered to, insuring the clean-up of construction re- lated dirt on approach routes to construction sites. 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 appropri- ate 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. The Planning commission shall review the proposed hours for ground floor retail uses. - 10 - . . PROJECT MITIGATION FEE CONDITION 45. In accordance with sections 9046.1 - 9046.4 of the San- ta Monica Municipal Code, prior to issuance of a build- ing permit 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 hous- ing 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 moder- ate income housing or developing new park space on or off the proj ect 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. VOTE Ayes: Nays: Abstain: Absent: Abdo, Jennings, Katz, Reed, Zane Finkel, Genser NOTICE If this is a final decision not subject to further appeal under the city of Santa Monica Comprehensive Land Use and Zoning Or- dinance, 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 1400. This does not supersede Public Resources Code Section 21167, which governs the time within which judicial review of the City's acts or decisions in connection with the California Environmental Quality Act must be sought. I hereby oertify that this statement of Official Aotion accurate- ly reflects the final determination of the city council of the City of Santa Monica. - 11 - . . . , signature date print name and title I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's signature Print Name and Title CC/fccstwil WW:ww 02/16/90 - 12 -