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sr-110910-3iCity Council Meeting: November 9, 2010 Agenda Item: ~°°_ To: Mayor and City Council From: Eileen Fogarty, Director of Planning & Community Development Subject: Adoption of a resolution clarifying that the City's Resource Recovery Center's Development Review Permit Application 09DR-005 shall be reviewed in accordance with the City's 1984 Land Use and Circulation Elements and Land. Use Map in effect on May 11, 2010, Recommended Action Staff recommends that the City Council adopt the attached resolution clarifying that the City's Resource Recovery Center's Development Review Permit (09DR-005) shall be reviewed for consistency with the City's Land Use and Circulation Elements and Land. Use Map originally adopted in 1984 and periodically revised thereafter, including the amendments to the Land Use Element and Land Use Map approved by the City Council on May 11, 2010. Executive Summary Over the past three years, the City has been working on plans to substantially reconfigure and upgrade the existing Resource Recovery Center (RRC) facilities in partnership with Southern California Disposal (SCD) and Allan Company. The proposed improvements at the RRC required amendments to the General Plan Land Use Map changing the land use designation, an amendment to the Land Use Element to modify the maximum building height in the Industrial Conservation District, and amendments to the Zoning Ordinance in the M1 and LMSD districts to modify the existing height limits to accommodate the necessary improvements and to exempt these improvements from the building volume envelope requirements of SMMC Section 9.04.10.02.040. The project also required specific development permits, including a development review permit. The City Council has already approved all of the general plan and zoning amendments. The Planning Commission commenced its review of the Development Review Permit in April 2010, but continued that review pending project revisions. The RRC plans have now been modified to address Planning Commission concerns. However, on July 6, 2010, the City. Council adopted the new LUCE. While the RRC project is consistent with other LUCE policies, it is not consistent with the building envelope stepback requirements. More specifically, the LUCE does not incorporate the Zoning Ordinance modification to the building volume envelope approved by the City Council as a component of the RRC application. Staff does not believe that the Council 1 intended for a project such as this, which had already received Council approval for specific general plan and zoning text amendments and which had already undergone initial Planning Commission review, including the adoption of the Mitigated Negative Declaration, to be required to comply with conflicting provisions of the LUCE which was adopted little more than a month after the Council's review of the project's proposed general plan and zoning text amendments. Adoption of the attached resolution will eliminate the uncertainty governing Planning Commission review of Development Review Permit 09DR-005, currently scheduled for November 17, 2010. Background The proposed RRC project consists of the renovation and physical improvement of the existing City of Santa Monica Community Recycling Center and Refuse Transfer Station (City Transfer Station). The proposed project, along with improvements to the neighboring Southern California Disposal Recycling and Transfer Station (SCD Transfer Station), will create an integrated transfer and recycling facility. In addition to achieving a higher solid waste diversion rate, the proposal would also reduce noise and visual impacts to park and residential uses to the east. On April 21, 2010, the Planning Commission reviewed the RRC applications, taking action in part to 1) adopt the CEQA required Initial Study/Mitigated Negative Declaration and 2) forward their recommendations that the City Council amend the 1984 LUCE and building envelop stepback requirements for the M1 District contained in the City's Zoning Ordinance. The Planning Commission also approved a parking variance for the SCD Transfer Station addition, but continued review of the Development Review Permit application for minor redesign. The Planning Commission requested that the applicant provide a Transportation Demand Management (TDM) program, reduce the amount of hardscape, increase the amount of landscaping, and provide an area for compost recycling. The applicant recently submitted revised plans addressing the Commission's concerns. On May 11, 2010, the City Council reviewed the proposed project and adopted the proposed General Plan Land Use Map amendment changing the designation from Special Office District to Industrial Conservation District and the proposed General Plan 2 Text .amendment to authorize a maximum height of 45 feet in the Industrial Conservation District for existing solid waste transfer stations, material recovery facilities, and public utility service centers and improvements thereto. The City Council also introduced the Zoning Text amendments for first reading which, in part, allowed existing solid waste transfer stations, material recovery facilities, and public utility service facilities in the M1 zone to reach a height of 45 feet and to be exempt from additional building volume setbacks above 30 feet in height as otherwise required by SMMC Section 9.04.10.02.040 since such setbacks would limit the open air volume within these structures necessary to perform their intended function. On May 26, 2010, the City Council adopted the proposed Zoning text amendments, Ordinance Number 2312 (CCS), which did not become effective until June 26, 2010. On July 6, 2010, the City Council adopted the new LUCE. The LUCE provides that the portions of a building fagade higher than the street frontage shall stepback from the fagade of the floor below similar to the established stepback standard of the Zoning Ordinance in effect as of May 26, 2010. Although the RRC is consistent with all other pertinent LUCE policies, the LUCE building fagade provision does not incorporate Ordinance Number 2312 (CCS). The upgraded facility is needed to achieve sustainable goals to divert materials from the City's solid waste stream that can be reused as opposed to being dumped in landfills. The proposal's 45 foot high walls are also designed to reduce impacts from the existing solid waste facility on the Mountain View Mobile Home Park and Stewart Park. Discussion The City has been working on plans to substantially reconfigure and upgrade the existing RRC facilities for over three years. A comprehensive plan was developed and refined. Most of the key aspects of the project have already been approved, including Planning Commission approval of -the Mitigated Negative Declaration and the SCD's parking Variance -and the City Council approval of modification to the 1984 LUCE on 3 May, 11, 2010 and Zoning stepback requirements for the M1 District on May 26, 2010. However, the Development Review Permit is still pending further review before the Planning Commission. The RRC. plans have now been modified to address concerns that the Planning Commission expressed prior to continuing its review on April 21, 2010. While the RRC project is generally consistent with the new LUCE, it is not consistent with the Building Envelope stepback requirement for portions of building walls above 30 feet high. The Material Recovery building is 45 feet high and does not provide the nine (9) foot average stepback from Delaware Avenue specified in SMMC Section 9.04.10.02.040, Building Volume Envelope. Given the RRC's functional needs in combination with the character of this section of Delaware Avenue, which is effectively a frontage street to the I-10 freeway, this text amendment was an essential component of the project. Staff does not believe that the Council intended for a project such as this, which has already received most required approvals, including recent Council approval for specific general plan and zoning text amendments and which has already undergone initial. Planning Commission review, including the adoption of a Mitigated Negative Declaration, to be required to comply with conflicting provisions of the LUCE which was adopted little more than a month after the Council's review of the project's proposed general plan and zoning .text amendments. Adoption of the attached resolution will eliminate uncertainty by clarifying the appropriate regulations governing the project and will allow the Planning Commission to proceed with its consideration of Development Review Permit 09DR-005, currently scheduled for November 17, 2010. Environmental Analysis An Initial Study/Mitigated Negative Declaration was prepared pursuant to the requirements of CEQA to determine whether any significant impacts on the environment would result from the proposed development of the Resource Recovery Center. The Initial Study/Mitigated Negative Declaration was circulated for public review on March 1, 2010 with the public review comment period ending on March 31, 2010. The final 4 Mitigated Negative Declaration (MND) concluded that there would be no significant impacts upoh the environment with incorporation of mitigation measures in the areas of aesthetics, construction effects, cultural resource, hazards and hazardous materials, and noise. The Planning Commission adopted the final MND on April 21, 2010. Action by the City Council to clarify that the RRC's Development Review Permit shall be reviewed in accordance with the 1984 Land Use and Circulation elements and Land Use Map in effect on May 11, 2010 does not require any modification to the final MND and does not trigger the need to undertake any additional or new environmental analysis pursuant to CEQA Guideline Section 15162. Financial Impacts & Budget Actions The recommendation in this report pertains to clarifying land use requirements and does not have any significant budget or fiscal impacts. Prepared by: Bruce Leach, Special Projects Administrator, Planning & Community Development Approved: Forwarded to Council: C Rod Gould nity City Manager Development Depa Attachment: Resolution 5 Reference Resolution No. 10540 (CCS).