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SR-10-14-2014-8ACity Council Meeting: October 14, 2014 To: Mayor and City Council From: David Martin, Director of Planning and Community Development Subject: Float -up discussion of Concept Plans for a proposed Development Agreement at 500 Broadway. Recommended Action Staff recommends that the City Council: 1. Review the applicant's Development Agreement proposal for a 7 -story, 330,344 square foot mixed -use development project consisting of approximately 39,600 square feet of ground floor commercial area, 262 residential units, and 577 parking spaces within a four -level subterranean parking garage and provide direction regarding the appropriateness of the site development and potential community benefits; 2. Direct staff to initiate the Development Agreement negotiation and review process between the City and DK Broadway, LLC. Executive Summary The applicant, DK Broadway, LLC, is proposing that the City consider a Development Agreement to permit a new mixed -use building located at 500 Broadway. The project involves the construction of a 7 -story building (84 feet in height) that would consist of approximately 330,344 total square feet, including approximately 25,600 square feet of basement area, 39,600 square feet of ground floor commercial space, 262 residential units, and 577 parking spaces within a four -level subterranean parking garage. The project site consists of two contiguous parcels with a total of 67,500 square feet located on the southeast corner of Broadway and 5th Street, and extending 450 feet in length along the east side of 5th Street (between Broadway and Colorado Avenue). The site is currently developed with a one -story commercial building and surface parking lot (Fred Segal). Pursuant to the City's Interim Zoning Ordinance No. 2466 (CCS) ( "IZO "), a Development Agreement is required for projects located in the Downtown Core land use designation with proposed buildings exceeding 32 feet in height. This Development Agreement project is considered a priority project for the purposes of processing based on the proposed residential unit mix, consisting of no more than 20% studio units, a minimum 20% two- bedroom units, and a minimum 10% three - bedroom units. The proposed uses are consistent with the underlying C3C zoning and Downtown Core land use designation. Project compliance is limited to the 1984 Land Use and Circulation Element until the Downtown Specific Plan (DSP) is adopted, while other aspects of the project such as height, floor area ratio, setbacks, open space, parking, and other standard zoning requirements would be established by the Development Agreement. Staff recommends that Council focus on the following items in considering this matter and provide comments on: • Appropriateness of the project as a Development Agreement; • Site plan layout, building size and massing, and overall design compatibility with the neighborhood context; • Consistency with the Land Use and Circulation Element; • Consistency with the draft Downtown Specific Plan; • Consideration of alternatives; • Identification of key negotiating points; • Discussion of desirable community benefits. If a Development Agreement is initiated, the project's development and negotiations between the applicant and the City should: 1) Achieve a building layout and design with uses that are consistent with the LUCE, with an emphasis on ground floor pedestrian orientation and uses, building mass, scale, and neighborhood compatibility of new construction. 2) Consider the draft Downtown Specific Plan development standards during the review process. Both the project and the public review of the draft Downtown Specific Plan (DSP) would proceed concurrently, and although the project is currently subject to the 1984 LUCE, staff recommends that the draft DSP inform the project's development. The project shall be consistent with the general plan in effect at the time the project is formally considered by Council. 3) Identify community benefits such as a well- designed pedestrian- oriented ground floor with amenities and uses that support the anticipated growth of pedestrian activity in the immediate area due to the forthcoming light rail station, streetscape design including expanded sidewalks, Transportation Demand Management measures to reduce single- occupant vehicle trips, affordable housing units, and appropriate contributions including, but not limited to, transportation infrastructure, open space, and historic preservation. Background The project site consists of two contiguous parcels with a total of 67,500 square feet located on the southeast corner of Broadway and 5t" Street. The site has 150 feet of frontage along Broadway and 450 feet of frontage along the east side of 5t" Street (between Broadway and Colorado Avenue). The site is currently developed with a one - story commercial building and a 92 -space surface parking lot (Fred Segal). Street Elevation between Broadway /Colorado Ave. Surrounding uses along 5th Street, Broadway, and across the 5th Court Alley include commercial retail and office, hotel (future Courtyard Marriott and Hampton Inn and Suites hotels), and residential uses. Across Broadway to the north is a one -story commercial building with a pending Development Agreement application for a 6 -story mixed -use project. Existing structures in the area range in building height. The adjacent forthcoming 6 -story Hampton Inn and Suites hotel would be 77 feet in height, and all four mixed -use residential buildings across the 5th Court Alley on the west side of 3 6th Street (1522 -1548 6th Street) are 5- stories, 60 feet in height. The adjacent office building across the 5th Court Alley (520 Broadway) is 6- stories, 86 feet in height. The west side of 5th Street is developed with a one -story retail building (420 Broadway, Fred Segal), the 6 -story, 70 foot Silvercrest Senior Housing building, the 5 -story, 56 foot Step -Up on Fifth mixed -use building, and the forthcoming 6 -story, 76 foot Courtyard Marriott hotel. The project site is a half block from the future light rail terminus station at the corner of 4th Street and Colorado Avenue. The City Council established priority processing guidelines for Development Agreement applications in 2013. Priority processing categories, include, but are not limited to, residential unit affordability levels, residential unit mix, and revenue generation. As mentioned, this Development Agreement project is considered a priority project for the purposes of processing based on the proposed residential unit mix, consisting of no more than 20% studio units, a minimum 20% two - bedroom units, and a minimum 10% three - bedroom units. Community Meeting A community meeting was held for the project on December 5, 2013 at the Santa Monica Main Public Library. Thirty -five members of the public were in attendance. The following comments were provided during the meeting: • Positive comments were provided regarding the design approach in breaking the building massing into four elements, including the podium court openings. • Positive comments were provided regarding residential unit mix and sizes, although a higher percentage of 2 and 3 bedroom units should be considered. • Positive comments were provided regarding the proposed widened sidewalks. • Step the building back further to avoid 'canyon effect." • The project should consider more sculptural elements to further differentiate buildings, with greater emphasis along Broadway. • Concern was expressed with the parking access. • Revise the landscape concept along 5th Street and within each opening to be unique in efforts to enhance /activate the street. 0 ARB Concept Design Review The project was conceptually reviewed by the Architectural Review Board on February 3, 2014. The Board was supportive of the project's design and proposed uses and provided the following design comments: • The Board supported the design approach of breaking the overall building mass into four separate building forms. A Board member commented that the project is a good precedent for development of this scale. • The compositional activity on the Broadway elevation works well. • The project appears that it would be very active with visitors and residents. ® A positive comment was provided regarding the color composition (white -on- white) and contrasting treatments on each fagade elevation, the cantilevered upper floors, and the fin extensions beneath the cantilevers. ® The project has sculptural elements that should be continued to the ground level. The legs of the building are less successful compared to other components of the building. • Concerns were expressed with the spacing between buildings 1 and 2 (from Broadway) that is narrower compared to other building openings (livability). Similarly, concerns were expressed with residential uses along the north and south facing facades directly facing each other in between buildings. The proposed screens and louvers would somewhat address this concern, however the glazing could be angled to help further provide privacy. Furthermore, particular attention should be made to the interior livability of the units internal to the courtyard, and the courtyards themselves. • Pay particular attention to the durability and ease of use of the louver screens. • A board member expressed concerns with the overall size of the project, and declined to further comment on the project based on this concern. • Overall design discussions between the applicant and the City design team will continue based on the comments provided from the Planning Commission and further direction from the City Council pertaining to the project's design, scale, pedestrian orientation, and streetscape design. Discussion DA Process for Projects Subject to CEQA The project is subject to environmental review pursuant to the California Environmental Quality Act (CEQA). Preparation of an Environmental Impact Report would be required for this project. Consistent with the process adopted by Council for Development Agreements that are subject to CEQA review, the applicant hosted a community 9 meeting on December 5, 2013. The project was conceptually reviewed by the Architectural Review Board on February 3, 2014 and conceptually reviewed by the Planning Commission (Float -Up) on July 9, 2014. The next steps for the project subsequent to Council's concept (float -up) review are: ® Planning Commission Formal Review; • City Council Formal Consideration; • ARB Review (post DA approval). Project Components The proposed conceptual project consists of a 7 -story, approximately 330,344 total square foot (including basement commercial space) building with a maximum height of 84 feet, consisting of 39,600 square feet of ground floor commercial space, 262 residential units, and 577 parking spaces within a four -level subterranean parking garage. Below are key elements of the proposed project: ® Residential Component: Project includes 262 . residential units with a unit mix consistent with City Council's adopted priority process categories, as shown in the following chart: Unit Type Number of Units /Percentage of Project Average Size of Units (SF) Studio 52/19.9% 560 1- Bedroom 128/48.9% 800 2- Bedroom 54/20.6% 1,150 3- Bedroom 28/10.7% 1,360 The project would exceed the City's Affordable Housing Production Program requirements by providing affordable units either on -site, off -site, or combination thereof, subject to further discussions with the applicant. Based on an on -site scenario, the applicant has provided a preliminary affordable unit study (Sheet A8.2) that indicates 10% very low units for a total of 27 on -site affordable units, and the location of the units within the building. The plans . indicate an affordable unit mix as follows: ® 5 studio units (19 %); ® 13 one - bedroom units (48 %); ® 6 two- bedroom units (22 %); ® 3 three - bedroom units (11 %). 0 The Planning Commission provided their preferences on whether the affordable housing units for the project should be provided on or off -site, which is discussed later in this report. • Commercial Component: Project includes approximately 39,600 SF of ground floor commercial space, with pedestrian- oriented, neighborhood - serving commercial retail and restaurant uses, including the potential for a full - service grocery store. The Planning Commission was very supportive of a grocery store use on the ground floor, and recommended that DA negotiations ensure that a grocery store use /tenant be secured for the project, as proposed by the applicant. Below the ground floor on the first and second subterranean levels, approximately 5,500 SF of commercial storage area and 20,100 SF of commercial space would be provided (25,600 SF total basement floor area). A potential exercise /gym facility may occupy a portion of the ground floor space and basement level commercial space. • Public Open Space: A publicly - accessible plaza of approximately 3,800 SF is designed at the corner of Broadway and 5th Street. Along street elevations, the building is setback to provide additional open space on the ground floor, resulting in a minimum sidewalk width .of 18 feet (curb to building) along Broadway and a minimum sidewalk width of 15 feet along 5th Street, consistent with the Building Frontage Line standards of the draft Downtown Specific Plan. Outdoor dining /seating areas would be provided in the corner plaza and in various areas along 5th Street. • Common Open Space: The project would provide private and common open space for project residents through private balconies, landscaped courtyards on the second floor podium level between the four building forms, and a mix of private and shared open space on each of the four rooftops. The landscaped courtyards at the podium level, limited to resident use only, would include amenities such as gardens and outdoor seating. The rooftop amenities may include a pool and spa, barbeque areas, gardens, and lounge areas with outdoor seating. Additionally, shade canopies with mounted photovoltaic panels would provide shading for lounge /seating areas at the roof level. • Cross Court Driveway: A publicly - accessible shared vehicular, pedestrian, and bicycle path of approximately 9,000 SF is designed adjacent to the southern property line of the site connecting 5th Street and 5th Court alley. The driveway would provide access to the subterranean garage for both commercial and residential uses from the alley and street, and would support commercial loading /unloading operations for the site. 7 Conceptual Rendering: Broadway + 5`" Street Project Design The proposed building design is modern /contemporary. The building is divided into four separate building forms above the podium level (second floor) with landscaped courts in between the structures with seating areas for project residents. The buildings above the podium level consist of residential uses, and are connected by open pedestrian bridges on each floor providing access between the buildings. Staff recommends that the applicant continue discussions with the Building and Safety Division to ensure that each of the separate building structures provide adequate accessibility. Separating the building into four sections breaks the overall building mass of the entire structure, and allows for light and air passage through the project. These physical breaks between the buildings also provide light, air, and building mass relief for adjacent office and residential uses across the 5t" Court alley. P Pedestrian Oriented Design The ground floor building design incorporates a variety of glazed surfaces, approximately 16' in height with varying setbacks along the 5th Street elevation. The setbacks create pockets for outdoor seating areas, short -term bike parking, and gathering spaces adjacent to the public sidewalk. The ground floor would have a minimum 18' -0" floor -to -floor height with transparent glazing along Broadway and 5th Street elevations. A 3,800 SF public plaza is designed at the corner of Broadway and 5th Street, and includes outdoor seating and landscape elements. Ground floor building setbacks would provide additional open space resulting in widened sidewalks and additional outdoor gathering spaces in various areas in front of the ground floor commercial spaces. Two residential lobbies are designed, one for each street elevation. Ground Floor Plan + Vehicular Access Parking I Vehicular Access The four -level subterranean garage is currently designed with driveway access from both 5th Street and 5th Court Alley, connected by a "cross court" driveway. The proposed garage provides 577 vehicular parking spaces, including 68 motorcycle spaces, for residents, guests, and commercial uses. Approximately 81 of these spaces would be provided in a tandem configuration. Eighteen commercial tandem spaces would be used for restaurant valet use, and 63 residential tandem spaces would be rented to units requesting 2 spaces. As proposed, the project's commercial parking is below the draft DSP commercial parking requirement by 19 spaces, however it exceeds the residential requirement by 62 spaces. The applicant states that the surplus residential parking could be used by commercial employees. 9 Both commercial and residential parking levels are accessed by ramps located off of the cross court driveway. Commercial parking is located on the first and second (P1, P2) subterranean levels, and residential parking is located on the third and fourth (P3, P4) levels. Residential parking spaces would be secured and separated from the commercial parking spaces. According to Policy 5.4.0 of the draft DSP, this site is a potential public parking location within the Downtown that could provide additional public parking for visitors and employees to park and walk to destinations throughout the district. This site was identified based on the large parcel size. Public parking could be negotiated as a part of the project's community benefits package. Parking approved as a community benefit must be operated as part of the City network with appropriate signage and pricing strategy. As commented by the Planning Commission, the overall Downtown parking needs should be studied to assess the amount of parking that may be considered for the project. Council could consider the anticipated reduced parking demand in the area due to the location of the site in the downtown, and its proximity to the future light rail station. Furthermore, reduced parking requirements are being considered as a part of the draft Zoning Ordinance update for districts in proximity to light rail. The draft DSP similarly recommends lower parking requirements. The following table compares the minimum vehicular and bicycle parking requirements between the current and draft zoning ordinances and draft DSP. Table 1: Parking Comparison W1, 365 residential 460 residential 329 residential 303 residential ** Automobile Off- 212 commercial 416 commercial* 437 commercial 231 commercial Street Parking 577 total 876 total* 766 total 534 total Motorcycle Parking 28 com. / 40 res. (68 total) W1, - commerciai parking is an approximate. txercise tacmties consist of two parking rates based on the division of exercise space (1/80) and back -of -house areas (1/300). For information purposes, the exercise facility is included in calculation assuming 50% exercise area /50% support area. Similarly, restaurant parking is included assuming a 60% seating area /40% back -of -house average. The division of these spaces would occur based on tenant needs occupying the space, and is therefore unknown at this time. ** Residential parking requirements based on the draft DSP parking standards, and based on a project that provides 10% very-low affordable residential units, would be reduced from 303 spaces to 291 spaces required (based on lower parking requirements for affordable units). Design Improvements Staff will continue to work with the applicant regarding the project's overall design features in the following areas: 1. appropriateness of the fagade designs of each of the four building forms, 2. design enhancements of the rear elevation and corner facades, 3. ground floor open space, 4. vehicular circulation, 5. corner plaza (open space) programming including appropriateness of the building column designs /placements, and 6. the appropriate spacing between buildings, while considering the use of sun shade devices that provide additional screening that addresses privacy concerns for courtyard- facing units. Design comments provided by the ARB, Planning Commission, and Council will further shape the project's overall design. Community Benefits Detailed below is a preliminary list of potential community benefits proposed by the applicant as a starting point for discussion. Staff is prepared to initiate a substantive discussion and negotiation of community benefits appropriate for the proposed project following the float -up process. Specifically, based on additional feedback from Council and the community, staff will identify and negotiate a full program of community benefits 11 Bicycle Parking 396 residential 5% of total parking 372 residential 372 residential (long -term) 24 commercial spaces (short-long 23 commercial 41 commercial 420 total 395 total 413 total combined) Bicycle Parking 55 total 5% of total parking 43 total 78 total (short -term) (Res + Com) spaces (short-long combined) (Res +Com) (Res +Cam) Total Bike Parking 475 438 491 - commerciai parking is an approximate. txercise tacmties consist of two parking rates based on the division of exercise space (1/80) and back -of -house areas (1/300). For information purposes, the exercise facility is included in calculation assuming 50% exercise area /50% support area. Similarly, restaurant parking is included assuming a 60% seating area /40% back -of -house average. The division of these spaces would occur based on tenant needs occupying the space, and is therefore unknown at this time. ** Residential parking requirements based on the draft DSP parking standards, and based on a project that provides 10% very-low affordable residential units, would be reduced from 303 spaces to 291 spaces required (based on lower parking requirements for affordable units). Design Improvements Staff will continue to work with the applicant regarding the project's overall design features in the following areas: 1. appropriateness of the fagade designs of each of the four building forms, 2. design enhancements of the rear elevation and corner facades, 3. ground floor open space, 4. vehicular circulation, 5. corner plaza (open space) programming including appropriateness of the building column designs /placements, and 6. the appropriate spacing between buildings, while considering the use of sun shade devices that provide additional screening that addresses privacy concerns for courtyard- facing units. Design comments provided by the ARB, Planning Commission, and Council will further shape the project's overall design. Community Benefits Detailed below is a preliminary list of potential community benefits proposed by the applicant as a starting point for discussion. Staff is prepared to initiate a substantive discussion and negotiation of community benefits appropriate for the proposed project following the float -up process. Specifically, based on additional feedback from Council and the community, staff will identify and negotiate a full program of community benefits 11 for the proposed project. Additional community benefits recommended by the Planning Commission are provided later in this report (Planning Commission Action section). Proposed Community Benefit Description Physical Improvements: A publicly accessible plaza consisting of approximately Open Space 3,800 SF would be designed with outdoor seating at the corner of Broadway and 5th Street. A significant portion of the corner plaza would be covered by the cantilevered portion of the 2nd floor above, providing approximately 16 feet of height clearance. Physical Improvements: Ground floor setback resulting in a 6' -0" sidewalk widening Expanded Sidewalks on Broadway to achieve 18' -0" minimum sidewalk (min. 900 SF of site area). Ground floor setback resulting in a 3' -0" sidewalk widening on 5th Street to achieve 15' -0" minimum sidewalk (min. 1,350 SF of site area). Physical Improvements: Provision of a 48' -0" wide vehicle and pedestrian pathway Cross -Court Driveway connecting Fifth Court and Fifth Street that will be publicly accessible (termed Cross - Court) that can be used by adjoining uses (including residential use across the alley). The applicant believes this driveway would improve the overall circulation within the block, particularly at the south end of the 5th Court Alley at Colorado Avenue, and the 5th Street and Colorado Avenue intersection adjacent to the Expo Light Rail station. However, the Planning Commission commented that the proposed cross -court driveway should not be considered a community benefit, and should not be considered usable open space for the purposes of satisfying ground floor open space requirements. Transportation Demand TDM plan that would include measures that would reduce Management Program vehicular trips and parking demand generated by the proposed project. Measures may include, but not be limited to, transportation information, an AVR target, transit pass subsidies, unbundled parking, and participation in Transportation Management Association. Bicycle amenities would include showers and lockers for commercial employees who bike to work, ground level short - term visitor bike parking, long -term parking for employees, secured parking for residents, residential elevators to facilitate convenient transport of bicycles throughout the project. 12 13 Car Share The applicant would work with the City and its designated car share operator to facilitate car share, either within the project's subterranean garage or adjacent to the project. Transportation /Pedestrian A monetary contribution towards transportation and Infrastructure Contribution pedestrian improvements in the Downtown in excess of the TIF Ordinance requirements is anticipated. Open Space Contribution Although the project would not be subject to the recently approved Parks and Recreation Development Impact Fee Program, as the program requirements apply to new projects determined complete on or after the effective date of the Ordinance (October 23, 2014), a monetary contribution towards parks and open space improvements in the Downtown will be a community benefit consideration. Historic Preservation A monetary contribution towards historic preservation in the Contribution Downtown is anticipated. Sustainable Design Applicant proposes that the project would achieve equivalency of LEED Gold status in project's design. However, the Planning Commission recommended the project achieve a LEED Platinum status in the project's design. Solar Infrastructure The project would include solar panels and solar water heating technology on the roof decks, with quantity to be determined. EV Charging Stations /Stub The project would include EV charging stations and stub - Outs outs in an amount to be determined. Affordable Housing The project would exceed the City's Affordable Housing Production Program requirements by providing deed - restricted affordable units, either on -site, off -site, or a combination subject to further discussion with the City. The applicant is currently exploring off -site opportunities with Community Corporation of Santa Monica ( "CCSM "). CCSM has advised the applicant their preference of an off -site option whereby CCSM would own and manage the affordable units. The percentage of affordable units would depend on the level of affordability (i.e. extremely low, very low, or low income), subject to discussions with the applicant. 13 LUCE I Downtown Specific Plan Consistency The project is located in the Downtown Core land use designation and within the LUCE Downtown District. Both the project and the public review of the draft Downtown Specific Plan (DSP) would proceed concurrently. Although the project is currently subject to the 1984 LUCE, staff recommends that the draft DSP inform the project's development during the review process. The project shall be consistent with the general plan in effect at the time the project is formally considered by Council. Based on an initial review of the project's basic development standards, the project is inconsistent with the 1984 LUCE or draft Downtown Specific Plan in the following areas as detailed in the Project Compliance Table provided in Attachment B: number of stories, floor area ratio, floor plate ratios, and open space. Number of Stories Based on the conceptual plans, the project is inconsistent with the maximum number of stories allowed by the 1984 LUCE. If the project is subject to the 1984 LUCE, the number of stories would need to be reduced from 7 to 6 stories. Alternatively, the applicant may request a text amendment to the 1984 LUCE and change the maximum number of stories allowed in the downtown. 14 Based on an on -site scenario, the applicant has provided a preliminary affordable unit study (Sheet A8.2) that indicates 10% very low units, unit types, and location of such units. The plans indicate an affordable unit mix of 5 studio (18.5 %), 13 one - bedroom (48.1 %), 6 two- bedroom, and 3 three - bedroom units, for a total of 27 affordable units (10% very -low) on -site. The Planning Commission provided their preferences on whether the affordable housing units for the project should be provided on or off -site, which is further discussed later in this report. Although the project would not be subject to the recently approved Affordable Housing Commercial Linkage Fee Program, as the program requirements apply to new projects determined complete on or after the effective date of the Ordinance (October 23, 2014), a monetary contribution will be a community benefit consideration. Local Hiring Provision The project would include local hiring programs for construction - related and permanent employment. LUCE I Downtown Specific Plan Consistency The project is located in the Downtown Core land use designation and within the LUCE Downtown District. Both the project and the public review of the draft Downtown Specific Plan (DSP) would proceed concurrently. Although the project is currently subject to the 1984 LUCE, staff recommends that the draft DSP inform the project's development during the review process. The project shall be consistent with the general plan in effect at the time the project is formally considered by Council. Based on an initial review of the project's basic development standards, the project is inconsistent with the 1984 LUCE or draft Downtown Specific Plan in the following areas as detailed in the Project Compliance Table provided in Attachment B: number of stories, floor area ratio, floor plate ratios, and open space. Number of Stories Based on the conceptual plans, the project is inconsistent with the maximum number of stories allowed by the 1984 LUCE. If the project is subject to the 1984 LUCE, the number of stories would need to be reduced from 7 to 6 stories. Alternatively, the applicant may request a text amendment to the 1984 LUCE and change the maximum number of stories allowed in the downtown. 14 Floor Area Ratio Based on the conceptual plans, the project exceeds the draft Downtown Specific Plan maximum allowances for floor area ratio. For the purposes of floor area ratio calculations, below grade floor area (such as the project's basement commercial space) is not included in the calculation per Interim Zoning Ordinance No. 2466 (CCS). The project would be consistent with the maximum allowable floor area ratio of 3.5 established by the 1984 LUCE. The proposed floor area, including a 50% residential discount on residential floor area as authorized by Zoning Code provisions, results in a floor area ratio of 2.54. As discussed later in this report, three Planning Commissioners recommended that the project be reduced from a 4.5 to 4.0 FAR in efforts to reduce the project's overall building size, bulk, and massing to be more consistent within the context of the Downtown, while two other Commissioners believed that the proposed 4.5 FAR (and thus a higher FAR compared to the draft DSP of 4.0) would be appropriate, given the site's location in the downtown in proximity to light rail. Floor Plate Ratios This requirement, in conjunction with other light and air stepback standards in the DSP, attempts to reduce upper -level building mass. Based on the conceptual plans, the proposed project would exceed the maximum floor plate ratios for floors 6 -7. Maximum floor plate ratios for floors 4 and 5 may be averaged and applied to all floors included in the average (floors 4 and 5). However, floors 6 -7 cannot be included in the average, and the maximum floor plate ratio is 50% for each floor. The Planning Commission, however, commented that non - compliance with this draft DSP requirement would be appropriate, based on their support of the project's overall design concept consisting of separate building forms, which help reduce upper level building mass. Open Space The draft Downtown Specific Plan (Chapter 4 D) outlines a series of policies and actions that address community priority for additional public and private open space that would support downtown's growing residential neighborhood. This site was considered as an opportunity to contribute to an open space network that would serve both the need for passive recreation for the growing residential community, including seniors and families, but also to improve the walking environment. Policy OS1.1 discusses the desire to have all sites in the downtown within a two and a half minute walk (118 mile) from open 15 space, and Policy OS1.2 states to negotiate for portions of the site to be used as publicly accessible parks or plazas through development agreements at identified sites throughout the Downtown. The subject property is identified as a large site that should provide significant open space to function as a public park. Centrally located within the Downtown's residential neighborhood, and across the street from a large senior housing development, the site is envisioned to provide passive recreational green open space for area residents. The proposed project provides ground floor open space similar to what can be achieved with most mixed -use projects in the downtown, although at a greater amount, such as open space provided through the corner plaza, widened sidewalks, and outdoor gathering spaces in various areas in front of the ground floor commercial spaces. However, the project does not provide the functional recreational open space envisioned for the site based on the draft DSP. As proposed, the project's open space is inconsistent with the draft DSP open space standards. Overall, the project exceeds the minimum 30% open space (of entire lot size) overall, however the draft DSP envisions that 20% of the open space would be required at the ground level, and that the remaining 10% may be provided at the podium level or further on upper floors through private balconies, roof decks, etc. The applicant believes the project complies with this ground floor requirement, however has included open space areas, such as widened sidewalk area and the cross -court driveway, which would not count towards the requirement. For the purposes of calculating the ground floor open space, private property adjacent to the public sidewalk dedicated towards compliance with minimum sidewalk widths along Broadway and 5th Street would not count towards meeting the requirement (as indicated on the project plans, shown as 1,700 SF for widened sidewalks). Furthermore, as discussed below, the applicant believes that the cross court driveway area of 9,000 SF should be included into the ground floor open space calculation. However, given the primary purpose of this cross court is vehicular circulation for both the project and adjoining uses, this shared concept does not provide usable open space that supports the purpose of this requirement, and should not be considered open space. Furthermore, the draft DSP states that any open space directly underneath any cantilevered portion of the building may only count towards this requirement if the overhang is at least 21 feet from grade. A significant W portion of the publicly accessible plaza consisting of approximately 3,800 SF would be covered by the cantilevered portion of the 2 "d floor above, providing approximately 16 feet of height clearance. This would not qualify as ground floor open space as currently drafted in the DSP. Further, even if the 3,800 SF corner plaza is considered ground floor open space, the project would still be insufficient by approximately 9,700 SF since 13,500 SF of open space is required for the ground floor, per the DSP (20% of 67,500). Motor Court as Open Space The volume and type of trips that will be using the driveway to access both commercial and residential uses conflicts with the draft DSP goal for usable, ground floor open space. Based on the high turnover and large vehicles typically associated with grocery use and exercise facilities, it is impractical to encourage people to use the driveway as open space. To avoid potentially negative conflicts between pedestrians and vehicles, staff recommends that the motor court be used specifically to accommodate vehicle maneuvers, and that open space be provided elsewhere on the site in a safer and vehicle free environment. Furthermore, the Planning Commission commented that the cross -court driveway should not be considered a community benefit, or considered open space. Driveway Design The project proposes that the 50' -0" wide "cross court" function as driveway access to both the residential and commercial parking levels, provide space for large tractor - trailers to maneuver into and out of the loading dock, and create a connection between 5th Street and 5th Court alley. The design requires a curb cut along 5th Street that is 25'- 0" north of the driveway to the adjacent hotel. This proposal is only partly in compliance with the draft Downtown Specific Plan, which supports alley access for residential uses, but allows street access for visitor - serving and higher turnover uses such as grocery stores. The side by side driveway design, providing access to the subterranean garage, results in path of travel conflicts between residential and commercial uses. More specifically, allowing residents to share access with the commercial uses, as opposed to a separate residential access from the alley to the subterranean garage, could result in residents attempting left turns into the site from 5th Street. However, the provision of an access ramp from the alley could compromise the retail space and preclude the inclusion of a grocery store. The Planning Commission did not comment on this concern. Staff recommends that the City Council pay particular attention to the 17 proposed circulation and provide input on the appropriateness of the proposed driveway /circulation for the project and the trade -off that may be required to accommodate a grocery store. Planning Commission Action The Planning Commission conducted a public hearing on this proposal on July 9 22014. The Planning Commission generally supported the overall building design concept of dividing the building into four separate building forms, the building's orientation, and the proposed uses, particularly the proposed ground floor market. The Planning Commission recommended that Council proceed with Development Agreement discussions, with the understanding that the draft Downtown Specific Plan has not been studied by the Commission, including important areas related to the Downtown that can impact the project, such as appropriate recreational open space, and surplus parking. A summary of key Planning Commission comments related to project design, TDM, parking, and community benefits are provided below. A complete list of Planning Commissioners' comments is provided in Attachment C. The Commission's recommendations on community benefits below are additional comments based on the preliminary community benefits provided by the applicant described in the previous section of this report. Project Design ® Although the building would be divided into four separate building forms intended to reduce the project's overall building mass, the Commission expressed concerns with the project's overall bulk and massing of the building forms. ® Some Commissioners believe that the project FAR should be reduced from 4.5 to 4.0 in efforts to minimize the project's overall building size, bulk, and massing, to be more consistent within the context of the Downtown. Concurrent with reducing the floor area, the amount of open space on the ground floor should be increased (3 Commissioner comments). Alternatively, two Commissioners commented that the project FAR of 4.5 would be appropriate, given the site's location in the downtown in proximity to light rail. ® The ground floor open space should be increased in size closer to the 20% ground floor requirement provided in the draft DSP, but may not need to fully comply with 20 %. ® Ensure proper privacy of units facing the interior courtyards, with particular concern regarding the spacing between buildings 1 -2 closest to Broadway. In response to this comment, the applicant has revised plans, increasing the distance between buildings 1 -2 closest to Broadway from 16' -6" to 21' -0 ", 18 specifically at the end of the courtyard adjacent to the rear alley at its narrowest width. Staff will continue to work with the applicant to determine the appropriate spacing between buildings, while considering the use of sun shade devices to address privacy concerns for courtyard- facing units. ® Concerns were expressed with the overall size of the project that has the same character along the entire block. The design of each separate building form should be differentiated to improve the overall visual interest. Transportation Demand Management (TDM) ® The TDM Plan should focus on trip reduction. ® The TDM Plan should establish and provide funding for a Transportation Management Organization for the Downtown area, initiate transit circulator within the downtown. ® Short -term bike parking should be consistent with draft DSP standards. Parking ® Study the overall Downtown parking needs to assess the amount of parking that may be considered for the project. ® Provide a parking study that identifies the actual parking demand for the project. Community Benefits ® Consider doubling the AHPP requirement when negotiating the appropriate number of affordable units exceeding the AHPP, which are considered community benefit units. Community benefit units shall consist of all residential unit types provided in the project (studio, one -bed, two -bed, three -bed). ® Affordable Housing: On -Site Vs. Off -Site: - Two Commissioners expressed preference of affordable housing on -site, however would consider off -site option provided the right opportunity and service environment, and that it would be worth more to the City compared to the on -site option. - If provided off -site, two Commissioners expressed preference of the affordable housing units provided within the Downtown area. - If provided off -site, one Commissioner expressed that the affordable units may be provided anywhere in the City. One Commissioner added that the units should be located in proximity to transit. - If provided off -site the investment should be the same (equivalency) as if they are provided on -site. ® Ground Floor Market: Consider requirement that a market shall be provided within the project. 19 ® Sustainable Design: Project shall achieve a LEER Platinum Certification in its building design. Council Focus In summary staff requests Council direction on the following project - related areas: 1) Whether the proposed building mass, size, and scale is appropriate for this location in the downtown area. 2) Whether the quality of the proposed design is appropriate, given the project's prominent location /intersection in the Downtown. 3) Whether the ground floor is adequately designed for this project, considering the project's corner location, the overall length of the project site along 5th Street, and the future growth of pedestrian activity along 5th Street upon completion of the future light -rail station and Colorado Esplanade. 4) Whether the project design is consistent with LUCE policies to enhance the quality of the streetscape and create an open space environment that encourages pedestrian activity and interaction. 5) The extent to which consistency with the draft DSP standards should be considered, including, but not limited to the floor area ratio, open space requirements, and vehicular access. 6) The community benefits that would be appropriate for this project. Alternative Actions: In addition to the recommended action, Council could consider the following with respect to the project: Al. Continue discussion for analysis of additional options with agreement from the applicant. 20 Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared by: Steve Mizokami, Associate Planner Bradley J. Misner, Principal Planner Approved: Forwarded to Council: David Martin, Director Planning and Community Development Rod Gould City Manager Attachments A. Applicant's Preliminary Conceptual Plans, Renderings, & Photographs Booklet B. Development Standards Project Compliance Table C. Summary of July 9, 2014 Planning Commission Discussion F:\CityPianningkShare\COUNCIL\STRP-R2013\500 Broadway (13DEV- 008) \73DEV -008 (500 Broadway Council Float -Up 10- 14- 14).doc 21 Reference: ATTACHMENT A Applicant's Preliminary Conceptual Plans, Renderings, & Photographs Booklet Is available at the City Clerk's Office Filed with Staff Report 10/14/2014, Item LOM Within Legislative File 401 -031 Development Standards Project Compliance Table Development 1984 LUCE / C3C Draft Proposed Compliance Standard (13 units) or 10% DSP Project LUCE: 84'/ 6 Height / Stories Stories 84'/ Unspecified 84'/ 7 Stories LUCE: No CM 76' / DSP: Yes Unlimited Floor Area Ratio units (FAR) LUCE: 3.5 4.0 w /housing 4.5 w /housing (303,750 SF) Basement Commercial SF CM 2.5 NO (P1, 132) exempted as FA, per (w 150 %Res.Discount) 2.54 /50% IZO 2455 and draft ZO. w residential discount Ground Floor Commercial SF Basement Commercial N/A N/A 39,600 SF 26,594 SF (P1, P2) exempted as FA, per IZO 2455 and Not Including draft ZO. Basement SF Grocery Store (+ P1 N/A storage) 27,800 SF Fitness Center 27,400 SF Retail 5,000 SF Restaurant Bars 4,000 SF Outdoor Dining 1,000 SF 994 SF Residential Units N/A N/A Studio/ % / Ave Size 52119.9% / 560 SF 1 -Bed / % / Ave.Size 128 /48.9% / 800 SF 2 -Bed / % / Ave.Size 54 / 20.6 % / 1,150 SF 3 -Bed / % /Ave.Size 28 / 10.7 % / 1,360 SF 23 5% extremely low Affordable Units (13 units) or 10% very-low (26 units) or 20% low- income TBD TED (52 units), or 100% moderate (262 units Commercial 23 Ground Floor Frontage /Commercial N/A 60% / 75' depth Min 60% / Min Yes Space Depth average 75' depth average Ground Fl. to F1. Height N/A / 15' 18' min. 18' min. Yes Residential Ground Ground FI Res: Floor to Floor/ Upper None Residential Floor to N/A 11' / 8' Upper Res Floor to Yes Ceiling Height Ceiling: Floors 2 -7: min 8' 4rd Floor 80% r F oor 64.8% 5th Floor 70% Floor 63.6% Floor Plate Ratios* N/A No 6th Floor 50% 64.8% F oor 7th Floor 50% 63.6% Floor Building Frontage Line: Widened N/A Broadway: 18' Broadway: 18' Yes Sidewalk 5th Street: 15' 5th Street: 15' Open Space 30% of lot area 34.5% total 20% of lot area 5.6% at -grade N/A provided at- No grade. (not including cross court or widened sidewalk SF) Private Deck SF Most units would Range 50 SF /unit N/A have private open NIA space Studio Units - - 53 -65 SF 1 -Bed Units - - 50 -147 SF 2 -Bed Units - - 75 -226 SF 3 -Bed Units - - 96 -179 SF LEED Gold or FEED Certification N/A CalGreen Tier 2 LEED Gold Yes green building "Equivalent" standards maximum tloor plate ratios for Floors 4 & 5 may be averaged and applied to all floors included in the average (DSP Policy 6.3.1.1). Therefore, Floors 6 -7 cannot be averaged, and the maximum floor plate ratio is 50% for each floor 24 ...- 1 -. Summary of July 9, 2014 Planning Commission Discussion The Planning Commission conducted a public hearing on the 500 Broadway Development Agreement on July 9, 2014. The Planning Commission generally supported the overall building design concept and the proposed uses. The Planning Commission recommended that City Council proceed with Development Agreement discussions, with the understanding that the draft Downtown Specific Plan has not yet been studied by the Commission, including important areas related to the Downtown that have not been studied that can impact the project, such as appropriate recreational open space, and surplus parking. The Commission provided the following comments and recommendations for staff and City Council consideration: Design: 1. Design: General support for the overall building design concept. 2. Design: Concerns with privacy of units based on the courtyard spacing between the four separate buildings, with particular concern with the spacing between buildings 1 -2 closest to Broadway. 3. Design: Concern expressed with the project's overall bulk and massing of the four separate building forms. 4. Design: Concerns with the overall size of the project that has the same character along the entire block. Each separate building form should be differentiated to improve the overall visual interest. 5. Design: Rear Alley: Rear alley design appears one - dimensional, and needs further enhancement. 6. Design: Resident Bridges: Access bridges connecting residents between building forms appear to add to the overall building mass. 7. Design: Floor Plate Ratios: Non - compliance with the draft DSP floor plate ratio standards would be appropriate, given the project's design. 8. Design: Corner Design: The corner design of the 5`h Street elevation side does not share the same level of attention (detail, articulation) compared to the Broadway elevation. Face of the building on the 5`h Street elevation side on upper floors at the street corner (5th and Broadway) needs improvement. 9. Design: Sidewalks: Relocate the subterranean garage stairwell (midblock 5th Street) immediately in front of the (market) tenant space that would allow for better open space for patron use. 10. Design: Reduce the "looming" effect of the separate building forms over the sidewalks. Consider further stepbacks on upper floors from the property lines when reducing the project's FAR. 25 11. Design: Ground Floor Open Space: - Comment provided that the ground floor open space shall be increased in size closer to the 20% requirement provided in the draft DSP (however may not need to fully comply with 20 %). - Comment provided that the ground floor open space was appropriate. Comment provided that the corner plaza was appropriate, providing adequate shade. - Comment that the corner plaza should be reevaluated: not clear that the open space would be utilized by all segments of the public. 12. Design: 3 -Bed Unit Configurations: Concern expressed that all three -bed units are located facing the rear alley. 13. Floor Area Ratio: - Reduce project FAR from 4.5 to 4.0 (actual) in efforts to reduce the project's overall building size, bulk, and massing, to be more consistent within the context of the Downtown. Concurrently, increase the amount of open space on the ground floor (3 Commissioners). - Project FAR of 4.5 would be appropriate, given the site's location in the downtown in proximity to light rail (2 Commissioners). Transportation Demand Management (TDM) 14. TDM: Establish and provide funding for a Transportation Management Organization for the Downtown area, initiate transit circulator within the downtown. 15. TDM: Importance of Trip Reduction: Plan shall focus on trip reduction. 16. TDM: Short-Term Bike Parking: Short-term bike parking should be consistent with draft DSP standards. Parking 17. Parking: Provide a parking study that identifies the actual parking demand for the project. Less parking would be encouraged. 18. Parking: The overall Downtown parking needs should be studied to assess the amount of parking that may be considered for the project. Community Benefits 19. Community Benefits: Affordable Housing: Project shall fully comply with AHPP requirements, specifically with the bedroom and size requirements, and amenities (2- bedroom units @ minimum 850 SF for this Project). 20. Community Benefits: Affordable Housing: Consider doubling the AHPP requirement when considering the appropriate number of affordable units exceeding AHPP considered as community benefits. Quantity needs to be appropriate based on the size of the building. rZy 21. Community Benefits: Affordable Housing: Community benefit units shall consist of all residential unit types provided in the project (studio, one -bed, two -bed, three -bed). 22. Community Benefits: Affordable Housing: On -Site Vs. Off -Site: - Two Commissioners expressed preference of affordable housing on -site, however would consider off -site option provided the right opportunity and service environment, and that it would be worth more to the City compared to the on -site option. - If off -site, two Commissioners expressed preference of the affordable housing units provided within the Downtown area. , - If off -site, one Commissioner expressed that the affordable units may be provided anywhere in the City (Anderson), and one Commissioner added that the units should be located in proximity to transit. 23. Community Benefits: Affordable Housing: If affordable units are provided off site, the investment should be the same (equivalency) as if they are provided on -site. 24. Community Benefits: Affordable Housing: Provide financial study that demonstrates equivalency in investment (see above comment), include in financial studies for the project. 25. Community Benefits: Consider requirement that a market shall be provided within the project. 26. Community Benefits: Sustainable Design: Project shall achieve a LEED Platinum Certification in its building design. 27. Community Benefits: Cross Court Driveway: The cross -court driveway should not be considered a community benefit or usable open space. 28. Applicant should review residential access on upper floors with the Building and Safety Department to ensure proposed elevators and stairwells as proposed complies with building code access requirements. 29. Applicant should study angles of residential unit windows facing each other in between buildings to further ensure privacy between residential units. 27