SR-402-010 (9)
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Council Mtg:
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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.
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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.
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prepared by: Wanda Williams, Associate Planner
D. Kenyon Webster, Principal Planner
Paul Berlant, Director of Planning
Planning Division
community and Economic Development Department
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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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.
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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.
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,
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
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