SR-11-26-2013-3ECity Council Meeting: November 26, 2013
Agenda Item:
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Subject: Statement of Official Action: Appeal of Conditional Use Permit (13CUP004)
and Parking Variance (13VAR005) to allow the operation of an exercise
facility, and to allow a parking variance to satisfy off - street parking
requirements associated with the proposed use at 2433 Main Street.
Applicant: First Phase Health and Fitness
Recommended Action
Staff recommends the City Council approve the Statement of Official Action (STOA) for
a Conditional Use Permit and Parking Variance at 2433 Main Street, with revised
findings and conditions as approved on October 22, 2013.
Executive Summary and Discussion
On October 22. 2013,. a hearing was held to consider an appeal of a Conditional Use
Permit and Parking Variance to allow the operation of an exercise facility, and to allow a
parking variance to satisfy off - street parking requirements associated with the proposed
use at 2433 Main Street. The City Council denied the subject appeal and upheld the
Planning Commission's decision, based on revised findings and conditions, as reflected
in the attached Statement of Official Action (Attachment A).
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared by: Rachel Dimond, AICP, Associate Planner
Approved:
Forwarded to Council:
David Martin, Director Rod Gould
Planning and Community Development City Manager
Attachments: A. Statement of Official Action
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MTWITWTI
Statement of Official Action
CASE NUMBERS:
LOCATION:
APPLICANT:
APPELLANT:
PROPERTY OWNER:
CASE PLANNER:
Appeal13APP006
2433 Main Street
First Phase Health and Fitness
Janet Gilbert and Edgemar Neighbors
Sequoia Shores, LLC
Rachel Dimond, Associate Planner
REQUEST: Appeal of Conditional Use Permit (13CUP004) and
Parking Variance (13VAR005) to allow the operation of
an exercise facility, and to allow a parking variance to
satisfy off- street parking requirements associated with the
proposed use at 2433 Main Street
CEQA STATUS: The project is categorically exempt from the provisions of
CEQA, pursuant to Class 1, Section 15301 of the State
Implementation Guidelines in that the project involves the
establishment of an exercise facility within an existing
tenant space and involves only minor interior alterations
with no increase in floor area.
CITY COUNCIL ACTION
October 22, 2013 Determination Date
Appeal denied and Planning Commission's approval upheld
based on the following findings and subject to the amended
X conditions below.
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Any request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit.
The City Council, having held a public hearing on October 22, 2013, hereby denies
Appeal 13 -006 and upholds the Planning Commission's decision to approve the
operation of an exercise facility on the first floor, and to allow a parking variance to
satisfy off - street parking requirements associated with shared parking facilities based on
the revised findings and conditions below.,
Each and all of the findings and conditions 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.
41Ne]IZI
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the subject district and
complies with all of the applicable provisions of the "City of Santa Monica
Comprehensive Land Use and Zoning Ordinance ", in that SMMC Section
9.04.08.28.040(g) provides that an exercise facility in the CM district may be
permitted subject to a Conditional Use Permit. Furthermore, the project is
consistent with LUCE policy LU4.2 which seeks to encourage local- serving
businesses within walking distance of residences to reduce the frequency and
length of vehicular trips. The project site is located on Main Street adjacent to
residential uses, including the Ocean Park neighborhood. The applicant seeks
membership within the local community and proposes a TDM measure that
includes a rewards program incentivizing members to use alternative
transportation methods to the site. The project is also consistent with LUCE
policy D31.1, which recommends Main Street have a variety of commercial uses
for the surrounding community.
2. The proposed use would not impair the integrity and character of the district in
which it is to be established or located, in that the Main Street Special
Commercial district permits exercise facilities, and includes a mix of commercial,
retail, restaurant, and residential uses. The proposed exercise facility is
consistent with and complementary to other uses in the area, and is located in an
area of the City with a high concentration of pedestrian activity. It is not
anticipated that the proposed exercise facility would have any significant negative
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impacts to the neighborhood. Moreover, conditions of approval associated with
both the conditional use permit and the parking variance requests, such as limits
to hours of operation and required valet parking, have been added to the project
to mitigate potential adverse impacts and to ensure the use's compatibility with
the surrounding neighborhood.
3. The subject parcel is physically suitable for the type of land use being proposed,
in that the parcel is developed with a two -story mixed use complex with 121 on.-
site parking spaces (including 19 valet parking spaces) accessible from Main
Street that can accommodate the proposed use. Furthermore, the proposal
involves the re -use of an existing tenant space.
4. The proposed use is compatible with the land uses presently on the subject
parcel if the present land uses are to remain. These land uses include artist
studios, barber and beauty shops, general offices, general retail uses, a theater,
and a restaurant. ;The proposed use will not conflict with the existing uses.
Further, the proposed use is complementary to the mix of retail, service,
restaurant and residential uses on the subject parcel.
5. The proposed use would be compatible with existing and permissible land uses
within the district and the general area in which the proposed use is to be
located, in that the Zoning Ordinance conditionally permits exercise facilities.
The proposed exercise facility is consistent with and complementary to the mix of
retail, service, restaurant, and residential uses in the area and specifically, the
uses on -site. Conditions of approval associated with both the conditional use
permit and the parking variance requests, such as limited hours of operation and
required valet parking, have been added to the project to mitigate potential
adverse impacts and to ensure the use's ' compatibility with the surrounding
neighborhood.
6. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public
health and safety, in that the site is located in an urbanized area adequately
served by existing infrastructure.
7. Public access to the proposed use will be adequate, in that vehicular and
pedestrian access onto the site is provided from Main Street.
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that the proposed
exercise facility would occupy an existing office space within an existing building
that is designed with pedestrian- orientation, and is adjacent to other service and
retail commercial uses in the area. Consistent with the intent of a pedestrian -
oriented use, the front of the tenant space would include retail visible through the
building's large glazing surfaces. This configuration of the first floor would help
activate the interior space adjacent to the courtyard, improving the building's
overall pedestrian- orientation along Main Street.
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9. The proposed use is consistent with the goals, objectives, and policies of the
Land Use and Circulation Element (LUCE). Specifically, the proposed use is
consistent with LUCE policy LU2.5, Vehicle Trip Reduction, which recommends
strengthening of Transportation Demand Management programs that support
accessibility by transit, bicycle and foot, and discourage vehicle trips. The
applicant's TDM plan includes four components that will reduce vehicle trips to
the site associated with the proposed use. These components include
subsidized employee bus passes, incentives for alternative transportation, transit
and bicycle information available to members and employees, and the installation
of bike racks adjacent to the subject tenant space. This is also consistent with
the LUCE policy D31.9, which encourages the implementation of an employee
TDM program for new businesses. The proposed use is also consistent with
LUCE policy LU4.2, which seeks to encourage local- serving businesses within
walking distance of residences to reduce the frequency and length of vehicular
trips. The project site is located on Main Street that is adjacent to residential
uses, including the Ocean Park neighborhood. The applicant seeks membership
within the local community and proposes a TDM measure that includes a
rewards program incentivizing members to use alternative transportation
methods to the site. Unlike other commercial uses where it is difficult to apply
measures that reduce customer parking demand, the membership aspect of the
exercise facility allows the applicant to provide a rewards program directly to its
customers which could effectively reduce vehicular trips to the site.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed use is consistent with the
Zoning Ordinance and the Land Use and Circulation Element, and project
conditions have been added to mitigate any potential adverse impacts.
11. The proposed use conforms precisely to the applicable performance standards
contained in Santa Monica Municipal Code Subchapter 9.04.12, in that no
performance standard permit is required.
12. The proposed use will not result in an over - concentration of such uses in the
immediate vicinity, in that the proposed exercise facility is located on Main Street
which is an active part of the City that frequented often by local residents as well
as office workers, shoppers, and visitors from outside the City. Furthermore,
while there are other exercise facilities in the Main Street commercial district, the
proposed use has unique programming that is different from other similar
facilities.
PARKING VARIANCE FINDINGS
1. There are special circumstances or exceptional characteristics 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 site is
developed with an existing two -story mixed use complex with a range of
neighborhood - serving uses with differing operating hours. The mixed use nature
of the subject property is a special circumstance in this neighborhood, as most
buildings along Main Street have single uses and thus, stagnant parking
demand. The range of uses and hours of operation create a synergy for parking,
as the on -site land uses have differing parking demands throughout the day. The
existing site constraints of a mixed use complex with surface and below -grade
parking do not allow for additional parking spaces to be provided for the
proposed use. Given the constraints of the existing on -site improvements, the
applicant proposes a Transportation Demand Management program to help
reduce the parking demand generated by the proposed exercise facility. In an
effort to manage and ensure the most efficient use of the on -site parking,
Condition No. 14 requires that valet service is provided for customers.
2. The granting of such variance will not be detrimental nor injurious to the property
or improvements in the general vicinity and district in which the property is
located in that the applicant's proposed TDM program will reduce the parking
demand and the amount of vehicular trips within the area generated by the
proposed exercise facility. To ensure the reduction of parking demand, the
proposed TDM program is required as a condition of approval (Condition No. 16).
A valet service is further required for this project to allow the most efficient use of
the on -site parking (Condition No. 14).
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 the opportunity to establish an exercise facility is
limited due to the inability to provide additional parking spaces on -site required
by Code due to existing improvements located on the subject property and
precludes the addition of neighborhood serving small scale exercise facilities in
an existing mixed -use building that provides a broad range of community serving
uses.
4. The granting of a variance will not be contrary to or in conflict with the general
purposes and intent of this Chapter, nor to the goals, objectives, and policies of
the Land Use and Circulation Element (LUCE). Consistent with the LUCE policy
D31.9, which encourages the implementation of an employee TDM program for
new businesses, the project proposes a Transportation Demand Management
strategy to help reduce the parking demand generated by the proposed use. In
addition to the 121 parking spaces provided on -site (9 specifically for a
retail /office use in the subject tenant space), the applicant proposes a
Transportation Demand Management program that offers a variety of incentives
for employees and customers to use alternate modes of transportation, including
public transit and bicycles. Unlike other commercial uses where it is difficult to
apply measures that reduce customer parking demand, the membership aspect
of the exercise facility allows the applicant to provide a rewards program directly
to its customers which could effectively reduce vehicular trips to the site. The
program also proposes to provide transit service information to employees and
customers. To ensure the reduction of parking demand generated by the
proposed use, this proposed TDM program is a condition of approval (Condition
No. 16).
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5. The variance would not impair the integrity and character of the district in which it
is to be located in that the proposed TDM program will encourage employees
and customers to use alternate modes of transit to the site, thereby reducing the
amount of vehicular trips and parking demand within the area. The plan will help
increase the use of public transit and bicycles, supporting the pedestrian
character of the district. To ensure the reduction of parking demand, the
proposed TDM program is a condition of approval (Condition No. 16). In
addition, Condition No. 14 requires that valet service is provided for this project to
allow the most efficient use of the on -site parking.
6. The subject site is physically suitable for the proposed variance in that the parcel
is developed with a two -story mixed use complex with 121 on -site parking spaces
accessible from Main Street that can accommodate the proposed use. As
demonstrated in the parking inventory and data collected by traffic engineering
consultants, Gibson Transportation Consulting, Inc., a sufficient number of
parking spaces are provided to meet the greater parking demand of the
participating uses in that the proposed leasing of 2,621 square feet of exercise
facility (health club for parking requirements) would not generate a deficiency of
parking spaces contained on the subject parcel. Vehicle trips to the site and on-
site parking demand will be reduced through a Transportation Demand
Management Plan to further promote transit, walking, and bicycling (Condition
No. 16). Specifically, the Transportation Demand Management Plan includes
employee transportation subsidies, bicycle parking, member incentives and
providing transportation information to members and employees, which
combined will have a visible effect on vehicular trips to the subject business.
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 subject property is located within a developed
urbanized environment that is adequately served by existing infrastructure, public
utilities and services. It is not anticipated that approval of the subject application
will create a need for additional utilities or services.
8. There will be adequate provisions for public access to serve the subject variance
proposal in that in that vehicular and pedestrian access onto the site is provided
from Main Street. In addition, the area is served by the Big Blue Bus.
9. For the reduction of the automobile parking space requirements, the reduction is
based and conditioned upon an approved parking reduction plan that
incorporates transportation control measures that have been demonstrated to be
effective in reducing parking needs and that are monitored, periodically reviewed
for continued effectiveness, and enforced by the City. As part of the TDM
program monitoring, the applicant shall annually submit a parking analysis that
demonstrates the effectiveness of the TDM measures and successful
implementation of shared parking on -site. Specifically, Condition No. 16 requires
that the proposed Transportation Demand Management program be
implemented to reduce the parking demand and the amount of vehicular trips
within the area generated by the proposed exercise facility. The program would
provide incentives for both employee and customers to use alternate modes of
transportation other than private vehicle to the site. In addition, a valet service is
required for this project to manage the existing parking on site and to allow the
most efficient use of the on -site parking (Condition No. 14).
10. The strict application of the provisions of this Chapter would result in
unreasonable deprivation of the use or enjoyment of the property in that due to
the existing improvements, practical use or enjoyment of the subject parcel would
not be possible due to the inability to provide the additional parking spaces
required on -site by the proposed exercise facility that is a compatible use within
the district.
1 0J"gII]INmzmely_l�� zir_a>ta
1. This approval is for those plans dated February 28, 2013, a copy of which shall
be maintained in the files of the City Planning Division. Project development
shall be consistent with such plans, except as otherwise specified in these
conditions of approval.
2. Minor amendments to the plans shall be subject to approval by the Director of
Planning. A significant change in the approved concept and /or any change that
allows exercise activity in the area identified on the project plans as
retail /reception and lounge shall be subject to Planning Commission Review.
Construction shall be in conformance with the plans submitted or as modified by
the Planning Commission or Director of Planning.
3. Final valet service operations shall be subject to the review and approval of the
Transportation Management Division.
4. The Plans shall comply with all other provisions of Article IX of the Municipal
Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan
policies of the City of Santa Monica.
Project Specific Conditions:
5. All doors providing access to the tenant space from the exterior shall be closed
during business hours. The emergency exit that egresses to 2nd Street shall be
closed at all times, except when used as emergency egress.
6. Prior to commencing business operations and use of the exercise room, the
applicant shall install sound - absorbing plywood or similar noise - reducing
reinforcements on the interior of the north and east walls inside the tenant space,
subject to approval by the Director of Planning.
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7. Prior to commencing business operations and use of the exercise room, the
applicant shall install a noise - reducing rubber floor surface, subject to approval
by the Director of Planning.
8. The business shall only be open to customers during the following hours:
Monday through Friday: 6:30am through 10pm; Saturday and Sunday: 8am
through 5pm.
9. All on -site exercise activities associated with the proposed use shall only be
located within the exercise room inside the tenant space, as detailed on those
plans dated February 28, 2013.
10. The business operator shall maintain noise monitoring equipment on -site to
ensure compliance with the Zone I (residential) provisions of the Noise
Ordinance (SMMC Chapter 4.12).
11. Signage shall be posted within the subject business informing patrons not to park
on 2nd Street or 3'd Street.
12. The business operator shall maintain an email list of patrons and send monthly
emails to said email list reminding patrons not to park on 2nd Street and 3`d
Street.
13. The business operator shall monitor the 2nd Street emergency exits on the
subject property three times per day with a minimum of three hours interval
between monitoring to ensure the emergency exits remain closed.
y.
14. Valet parking service shall be provided on -site for customers of the subject
business during business operating hours of the subject business.
15. All vehicles entering the site for the subject business prior to 8:30 am shall be
parked in the underground parking structure.
16. As a part of the gym operator's parking reduction plan, the Transportation
Demand Management program shall consist of the following measures:
• Employee Transit Subsidy: The gym operator shall provide all employees
with a 100% subsidy for transit passes for the life of the project, or 50% cash
equivalent for employees who walk or ride bicycles to work.
• Bike Racks: The gym operator shall provide ten (10) spaces, available for
employees and customers. Should there be no on -site location for ten (10)
spaces, at least five (5) spaces shall be located on -site, with the remainder
located directly adjacent to the subject property in the public right of way.
Transportation Information: The gym operator shall prominently display
transportation information in high traffic areas of the facility, including
information on ride share, shuttles, buses, bicycling, and other multi -modal
transportation. This information will also be provided to patrons at
registration.
Transportation Incentive Program: The gym operator shall establish and
operate a program for patrons who do not drive to the site. Upon check -in,
staff shall keep track of the method of arrival for each member. Patrons who
do not drive to the site would benefit by a rewards program to be designed by
the operator. The rewards program shall include, but shall not be limited to, a
free hour of personal training for every 20 trips without using a vehicle (or
reward with equal or greater monetary value), and any other reward program
features intended to be effective in incentivizing members to use alternative
transportation methods.
17. The gym operator shall provide a minimum of two hours of validated parking for
all patrons of the business.
Administrative
18. The Planning Commission's approval, conditions of approval, or denial of this
application may be appealed to the City Council if the appeal is filed with the
Zoning Administrator within fourteen consecutive days following the date of the
Planning Commission's determination in the manner provided in Part 9.04.20.24,
Sections 9.04.20.24.010 through 9.04.20.24.040. Any appeal must be made in
the form required by the Zoning Administrator. The approval of this permit shall
expire if the rights granted are not exercised within eighteen (18) months from
the permit's effective date. Exercise of rights shall mean actual commencement
of the use granted by the permit. One six month extension may be permitted if
approved by the Director of Planning. Applicant is on notice that time extensions
shall not be granted if development standards or development process relevant
to the project have changed since project approval. Additionally, the rights
associated with this approval shall expire if the establishment ceases operation
for a period of one year or longer.
19. Within ten (10) days of City 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 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.
20. Within thirty (30) days after final approval of the project, a sign shall be posted on
site stating the date and nature of the approval. The sign shall be posted in
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accordance with the Zoning Administrator guidelines and shall remain in place
until a building permit is issued for the project. The sign shall be removed
promptly when a building permit is issued for the project.
21. Prior to final inspection, the applicant shall post a notice at the building entry
stating that the site is regulated by a Conditional Use Permit and the Statement
of Official Action, which includes the establishment's conditions of approval, is
available upon request. This notice shall remain posted at all times the
establishment is in operation.
22. 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.
23. Applicant is advised that projects in the California Coastal Zone may need
approval of the California Coastal Commission prior to issuance of any building
permits by the City of Santa Monica. Applicant is responsible for obtaining any
such permits.
Construction Plan Requirements
24. Final building plans submitted for approval of a building permit shall include on
the plans a list of all permanent mechanical equipment to be placed indoors
which may be heard outdoors.
25. The property owner shall insure any graffiti on the site is promptly removed
through compliance with the City's graffiti removal program.
26. 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
complaints during the construction period. Said sign shall also indicate the hours
of permissible construction work.
27. 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
28. 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.)
29. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy,
project owner shall submit a recycling plan to the Public Works Department 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
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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.
30. 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.
31. The project shall at all times comply with the provisions of the Noise Ordinance
(SMMC Chapter 4.12).
32. 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
Public Works Department.
33. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot. Roof locations may be
used when the mechanical equipment is installed within a sound -rated parapet
enclosure.
34. Final approval of any mechanical equipment installation will require a noise test
in compliance with SMMC section 4.12.040. Equipment for the test shall be
provided by the owner or contractor and the test shall be conducted by the owner
or contractor. A copy of the noise test results on mechanical equipment shall be
submitted to the Community Noise officer for review to ensure that noise levels
do not exceed maximum allowable levels for the applicable noise zone.
35. Final building plans submitted for approval of a building permit shall include on
the plans a list of all permanent mechanical equipment to be placed outdoors and
all permanent mechanical equipment to be placed indoors which may be heard
outdoors.
36. Prior to issuance of a Business License, the applicant shall post a notice at the
building entry stating that the site is regulated by a Conditional Use Permit and
Variance and the Statement of Official Action, which includes the establishment's
conditions of approval, is available upon request. This notice shall remain posted
at all time the establishment is in operation.
VOTE
Ayes: Davis, Holbrook, Winterer, Mayor O'Connor
Nays: Vazquez, McKeown
Abstain: None
Absent., Mayor Pro Tern O'Day
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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.
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Sarah Gorman, City Clerk Date
Acknowledgement by Permit Holder
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.
Print Name and Ti le Date
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