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SR 08-09-2016 6A Ci ty C ouncil Report City Council Meeting : August 9, 2016 Agenda Item: 6.A 1 of 19 To: Mayor and City Council From: David Martin, Director, Planning and Community Development , Planning & Community Development, City Planning Subject: Appeal of the Planning Commission's decision to approve Development Review Permit and Variance (15ENT013 8) to allow the construction of a new three -story, 32 feet in height, 14,490 square -foot addition to the former United States Post Office building as part of an adaptive reuse project converting the existing Landmark building to creative office space. A p arking variance is also requested to reduce the required number of on -site parking spaces to be provided from 48 spaces to 25 spaces. Recommended Action Staff recommends that the City Council deny the appeal and uphold the decision of the Planning Commiss ion to approve a Development Review Permit and Parking Variance (15ENT -0138) in association with the adaptive reuse and floor area expansion of the former US Post Office building, located at 1248 5 th Street, as creative office space based on the findings a nd subject to the conditions described as an attachment to this report. Executive Summary The appellant, Jennifer Kennedy, filed an appeal of the decision of the Planning Commission to approve a Development Review Permit to adaptively reuse and expand th e former U.S. Post Office building, a designated City Landmark, with the construction of 14,490 square feet of new creative office space within a 32 feet tall, three -story building addition at the rear of the Landmark building. The Planning Commission also approved a variance to allow a reduction in the amount of parking to be provided in conjunction with the proposed new construction from 48 spaces to 25. The variance is also contested by the appellant. Pursuant to the City’s Downtown Interim Ordinance (IZO) No. 2490 (CCS), which established interim procedures and regulations for Downtown pending completion of the Downtown Community Plan, this project is being reviewed for compliance with the 1988 zoning ordinance. The site is located in the C3 -C zoning district. This report describes the proposed project scope and provides relevant background information, including a description of t he Planning Commission’s action and analyzes the issues of appeal raised by the appellant. The report concludes with a 2 of 19 re commendation from staff to uphold the Development Review Permit and Parking Variance approvals based upon the findings and subject to the conditions adopted by the Planning Commission on April 20, 2016. Background Existing Conditions and Setting Erected in 1938, the one ‐story post office building with basement and mezzanine is located at the northwest corner of 5th Street and Arizona Avenue, within the Downtown district. The massing and detailing of the Santa Monica Post Office are indicative of the PWA (Public Works Administration) Moderne style. The subject site is bordered by 5th Street to the east, Arizona Avenue to the south, 4th Court to the west, and the Delphi Academy playground to the north. Adjacent uses include a two -story retail building and a two -story church complex to the west across 4th Court, a City -owned surface public parking lot to the south across Arizona Avenue, a church complex and a six -story mixed use building to the east across 5th Street, and a playground and multi -use commercial building to the north directly adjacent to the subject site . Actions Taken to Ensure Preservation In August 2013, Council approved a preservation covenant for the former Post Office building, in order to protect its historic significance. The preservatio n covenant requires City r eview and approval of any construction, alteration , or rehabilitation on the property that would affect the historic features of the property which include, among others, the mass and plan of the main façade, the poured concrete s iding, the wood frame windows, the ornate gro o ves in exterior walls, pilasters, columns, exterior motifs and the ornamental metal fence. Specified interior features include the original hanging light fixtures, marble wainscoting, horizontal wood walls and ceilings, metal staircase rails, and tall tables. The Covenant further provides that to the extent the Landmarks Ordinance applies, any alterations require review and approval under the Landmarks Ordinance. By taking this action, the United States Postal Service was able to proceed with the sale of the property to a private party, with the preservation covenant attached as a rider to the grant deed. The property sold to a private party in December 2013 and the Landmarks Commission proactively filed a Land mark Designation application for the building in January 2014. 3 of 19 In March 2014, the Landmarks Commission designated the former Post Office building and the parcel on which it is situated as a Landmark and Landmark parcel. In doing so, the protection of an y exterior historic feature included in the designation would be required pursuant to the Landmarks Ordinance, specifically through the issuance of a Certificate of Appropriateness for any proposed alteration or addition to the property. However, because the interior was not generally open to the public at the time of the designation, the designation does not include any interior portion s or elements of the building . A ccordingly , a s a City Landmark, the Landmarks Commission has no jurisdiction over the in terior, and a s a result, the protection of any of these identified interior features, as specified in the historic covenant, can only be accomplished through Council approval. Under the Landmarks Ordinance and the Preservation covenant, the Landmarks Comm ission only regulates those features specifically identified in the Landmark designation. Project Description Skydance Productions, a movie/television production company, is proposing to adaptively reuse the former Post Office building and convert it to creative office space. In order to accommodate the spatial needs of this creative office use, the scope of work includes a remodeling of the existing interior floor plans and plate heights, and the construction of a new building addition. The existing bui lding in its current state is 33,968 square feet in area and consists of a 17,516 square foot first floor and 2,645 square foot mezzanine set above a 13,807 square foot basement. At completion of the project, the first floor reduces in size to 16,146 squa re feet; the mezzanine level becomes an 8,508 square foot second floor, and an 8,148 square foot third floor is added. The basement is increased in size to 16,516 square feet. Overall, the proposed Floor Area Ratio, which excludes any b asement area in its calculation, is 0.88, well below the maximum of 2.5 established in the C3 -C zone. As a designated City Landmark, the project would require sensitivity and consideration of the building’s historic character -defining features which includes its exterior ele vations as well as the interior lobby space. Pursuant to the requirements of the Preservation Covenant and because the property is designated City Landmark, the project requires c onsistency with 4 of 19 the Secretary of the Interior’s Standards for Rehabilitation . Figure 1: Project Rendering (Arizona Avenue elevation) On -site parking for 25 vehicles would be provided. Within a gated surface parking lot, 24 vehicles would be accommodated with one additional space located in an isolated location adjacent to th e loading area. 21 of these spaces are standard size; two are compact; and two are ADA compliant. Two of the spaces are designated as “Rideshare”. The parking lot is located within the north side yard. Access to the parking area is via Fourth Court, alon g the western (rear) elevation. In addition to automobile parking, in accordance with SMMC 9.04.10.08.050 the applicant is required to provide a minimum of four bicycle parking spaces on -site. The applicant has exceeded this minimum requirement and has pr ovided a total of 24 bicycle parking spaces, located adjacent to the parking lot on the north side of the site. To complement this alternative transportation mode, the applicant is proposing on -site showers for employee use. 5 of 19 Figure 2: Site Plan Planni ng Commission Action On March 16, 2016 and on April 20, 2016, public hearings were held by the Planning Commission to consider the associated Development Review Permit and Parking Variance for the project. Testimony from the public was received a nd almost all offered support for the project, citing the benefits of expanding the creative arts industry in Downtown. During deliberation, the majority of Commissioners: expressed strong support for the project, citing its potential as a representative example of adaptive reuse; stressed the importance of this Landmark building for maintaining the historic character of Downtown; appreciated the sensitive design, scale and massing of the building addition relative to the existing symmetry of th e Landmark P ost Office building; and noted its consistency within the surrounding neighborhood context. 6 of 19 The Commission also noted that the addition will be visually understated and almost completely obscured from the view shed of the typical pedestrian along 5 th Street. The Commission took formal action on the Development Review Permit and the Parking Variance on April 20, 2016 . The Planning Commission initially voted 3 -3, resulting in a technical denial of the project. However, at the same meeting, after voting 6 -0 to reconsider the initial vote on the project, the Planning Commission held a second vote on the project where the project was approved 4 -2 with amendments to Condition #60 in the Planning Commission’s Statement of Official Action (Attachment B). Cond ition #60 originally required the applicant to provide a copy of a written agreement to the City for 23 off -site parking spaces. The Planning Commission’s amendments to Condition #60 included that 23 off -site parking spaces be deed -restricted for guarante ed exclusive use by the Applicant for the term of any parking lease agreement, which need not be offered from the same property owner. In addition, the copies of the deed restriction must be provided annually with the reporting on the project’s required T ransportation Demand Management program. The Commission also included that the off -site parking shall be located on a site that is demonstrated to be underutilized for parking, conveniently accessible to the project through non -motorized forms of trans por tation, and located outside the Downtown core area. These conditions were intended to require that the applicant have commitments to 23 off -site parking spaces and that the parking location does not add to Downtown traffic congestion. The appellant is a member of the dissenting vote. As part of its approval, the Commission identified the following specific concerns relative to the design, colors , and materials of the new construction that should be considered by the Landmarks Commission during the Certif icate of Appropriateness review for overall design quality and historic compatibility: The proposed cladding on the new addition does not appear to relate in its materiality to historic PWA Moderne buildings of the era; The amount of ornamentation on the new construction should be limited relative 7 of 19 to the historic building, noting that post offices in Southern California of the PWA Moderne era were specifically designed with limited ornamentation. The horizontal orientation of the new construction app ears to clash with the verticality of the historic building; The relationship of the fenestration between the historic building and the new construction needs to be more apparent and compatible; Given drought conditions, the utility of including a wate r feature within the project’s landscape design for the site is not apparent, or necessary. If a water feature is ultimately proposed, its design should not include any type of runnel; The amount of glazing proposed may warrant consideration for the i nstallation of solar control for windows, particularly on the south and west elevations; and The overall design and purpose of the interpretative area on the southeast corner of the site should be reviewed for relationship to the historical, cultural, an d architectural importance of the Post Office. The interpretative area should not include any bicycle parking. Discussion A Development Review Permit (DRP) is intended to allow the construction of certain projects , subject to Planning Commission review a nd approval, for which the design, siting, and use could result in an adverse impact on the surrounding area. In addition to the required DRP findings provided in th e City Council’s Draft Statement of Official Action (Attachment A), the following issues sh ould be considered by the Council in its de novo review of the proposed project: Whether the location, size, massing, and placement of the proposed structure on the site is appropriate and compatible with the surrounding neighborhood; Whether the loc ation of the proposed uses within the project are appropriate and compatible with the surrounding neighborhood; Whether the proposed siting and design should be permitted by weighing the public need for the benefit to be derived from the proposed site pl an use against the impact which it may cause; and 8 of 19 Whether the project is generally consistent with the Municipal Code and General Plan. The DRP review is necessitated as a result of a 14,490 square -foot, three -story addition being proposed at the rear of the Landmark building. The addition would replace an existing, non -historic loading dock and canopy at the rear of the existing building and would be centered on the building in response to its historic symmetrical form. It would be setback approximatel y 40 feet from the front elevation of the building (along 5 th Street) and 24 feet from each of the side edges of the existing building. The proposed addition would wrap the rear corner of the historic building and fully extend to the ground level in the vi cinity of 4 th Court, the rear alley. An internal reconfiguration of floor plates and plate height levels would enable the new addition and third floor roofline to only extend approximately five feet above the existing roofline of the historic building. Th e rooftop mechanical equipment screens would be equally recessed to avoid competing with the Landmark features and maintain a low profile along the street. Although this addition is contemporary in its design approach and materiality, it subtly expresse s its historic compatibility by replicating the rhythm of the prominent vertical pilasters on the historic façade onto the rear addition where bays of equal size are created. In addition, the design incorporates a distinct break between the historic build ing and the new construction, giving an overall impression that the addition is separate and distinct from the historic building. Staff believes that the applicant has designed a project that has an appropriate mass and scale that is respectful of its sur roundings. The historic building is currently sited on the property with a 26 -foot setback from 5 th Street and a 30 -foot side setback from Arizona Avenue. Although not subject to any mandatory setback requirements, these open spaces were improved over ti me with concrete landscape planters. These planters, coupled with a large concrete monument ground sign, are bulky in design and hamper visibility to the Landmark building. As none of these features are considered to be historic or character -defining, the se features would be removed and the spaces would be redesigned to include new landscaping, 9 of 19 site amenities (tables and seating), and water features for general use and enjoyment by on -site employees. Prior to the Planning Commission’s review of the DRP a nd Variance, on December 14, 2015, after much discussion and debate, the Landmarks Commission approved a Certificate of Appropriateness for the construction of a five -foot in height security fence on th e perimeter of the property . The Landmarks Commission ’s approval was based on the visually permeable design and low height of the fence which would allow the historic building to remain integrated into the public realm of Downtown, while still providing the desired security sought by the building’s owner. N o appeal of this approval was filed within the required timeframe for appeal. When reviewing a DR Permit, the Planning Commission is asked to consider “the physical location, size, massing and placement of proposed structures on the site". Because fen ces do not have mass, the Planning Commission does not, as a matter of long -standing practice, review the location or appropriateness of a fence while reviewing a DR Permit. Fences are considered part of project landscaping and, therefore, with in the purvi ew of the design review body. The Landmarks Commission serves as the design review body for this property because the former Post Office is a designated City Landmark, and the property on which the former Post Office is located has been designated as a La ndmark Parcel. Therefore, in light of the Landmarks Commission’s approval of the Certificate of Appropriateness for the fence, and because the fence was not deemed to be within the purview of the Planning Commission scope of review of the DR permit, the a pproval of the fence is not subject to appeal before Council. The fence is consistent with the 1988 Zoning Ordinance, which allows for a fence on the property in the location and at the height that was approved by the Landmarks Commission. In addition, i n recognition of the building’s historic service to the public as a community gathering space, the applica nt is proposing a 200 square foo t “commemorative corner”. The intent is to develop imagery that honors the building’s past as a Post Office. 10 of 19 As a d esignated City Landmark and pursuant to the Preservation Covenant , all work performed must be consistent to the Secretary of the Interior’s Standards for the Treatment of Historic Properties. The project design has been informed by archival documentation and the applicant has retained a Preservation Architect to oversee the treatment of the historic exterior and the protected original interior lobby. All exterior work requires a Certificate of Appropriateness in accordance with the Landmarks Ordinance and all interior alterations require City Council approval in accordance with the Preservation Covenant . Staff believes that the project is consistent with the Secretary of the Interior’s Standards (“Standards”) specific to “rehabilitation”. Originally a US Post Office, the building would be repurposed into a creative office. All work would affect the rear elevation and roof area, which are not character defining features of the property. This new use would not impact any of the historic and distinctive mate rials, features, spaces, and spatial relationships in accordance with the Standards. The proposed addition is contemporary in its design approach and utilization of materials. Although compatible with the historic building with its subtle references, inc luding the strong horizontal lines of the existing poured in place concrete and the size/rhythm of the historic bays on the 5 th Street elevation, there would not be any sense of false historicism. Parking Variance When the building was originally constru cted as a US Post Office in 1938, the use was not subject to a mandatory parking requirement because it was Federal property and the City did not have authority to impose zoning requirements . However, over time as customer and employee need increased, non -required parking was incrementally added to the site. At the time the building was sold and purchased by the applicant in 2013, there were 43 spaces onsite. Pursuant to the City’s Downtown Interim Ordinance (IZO) No. 2490 (CCS), which established interim procedures and regulations for Downtown pending completion of the Downtown Community Plan, this project is being reviewed for compliance with the 1988 zoning ordinance. The site is located in the C3 -C zoning district. The City’s parking requirement stand ards (SMMC Section 9.04.10.08.030 (d)) specify that existing buildings are not subject to the provision of any new parking except 11 of 19 when they are expanded, and at such time, only the new building floor area is considered for determining a minimum parking req uirement. As a result, the project’s net amount of 14,490 square feet of new floor area would necessitate a total of 48 parking spaces. Since the redesigned site would only accommodate 25 parking spaces, pursuant to SMMC 9.04.20.10.030(b), the applicant i s seeking a Variance for a reduction of 23 parking spaces. A parking variance is intended to provide a mechanism for relief from the strict application of the parking requirements as a result of the subject property’s unique and special conditions. In it s de novo review of the request, the Council must be able to expressly determine that all 11 of the required variance findi ngs could be met, which include the following findings that are fully detailed in the Draft Statement of Official Action (Attachment A): There are special circumstances or exceptional characteristics applicable to the property that do not apply to other properties in the vicinity under an identical zoning classification. The granting of such variance would not be detrimental nor in jurious to the property or improvements in the general vicinity. The strict application of the provisions of this Ordinance would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships. Staff believes that as a project that includes the retention of a designated City Landmark, there are special circumstances and unique hardships that constrain the project site and impact the ability to accommodate required parking for the proposed addition. T he property is zoned C3C (Downtown Commercial Overlay) and occupies a prominent corner in Downtown. The property is improved with a 1938 PWA building that has been designated as a City Landmark and the property has been designated as a Landmark Parcel. B eloved by the community for its distinct PWA Moderne style and elements along its street facing elevations and built -to -last “poured in place” concrete, 12 of 19 the building and its siting offers little opportunity for expansion, and the accommodation of any addit ional surface or subterranean parking. Consistency with the Secretary of the Interior’s Standards amplifies the challenges as it limits the extent of any expansion plans both horizontally and vertically. Moreover, the Preservation Covenant protects the in terior lobby and its high volume ceiling plate height, which further restricts the establishment of additional floor area within the existing envelope of the building that could then allow for new parking at the rear. In addition, the granting of a varia nce would not be in conflict with the general purposes of the General Plan or Zoning Ordinance. As a designated Landmark, the City has adopted policies throughout its various regulatory land use documents that encourage or incentivize flexibility indicatin g the importance of preserving historic resources and encouraging adaptive reuse. The City’s Land Use and Circulation Element of the General Plan (Policy HP1.5) encourages efforts to “support rehabilitation and restoration of historic resources through fl exible zoning policies and modifications to development standards . . . such as . . . reduced parking requirements…”. This Element further recognizes the import to “develop measures in the Santa Monica Zoning Ordinance to address appropriate additions to, and adaptive reuse of historic buildings.” The proposed parking variance would not be detrimental or injurious to improvements in the general vicinity with consideration given to the fact that the property was in use as the City’s main post office for nearly 75 years. When it was operated as a US Post Office, the property had no customer parking. Per the traffic analysis in the Mitigated Negative Declaration adopted for the project, the new use is expected to generate 2,242 less daily vehicle trips th an the post office use. In addition, SMMC Section 9.04.20.10.050 specifies that requests for the reduction of the automobile parking space requirements must be accompanied by a Transportation Demand Management (TDM) plan that incorporates measures to reduc e parking demand. Council’s review should determine if the TDM plan that has been proposed would adequately address the proposed parking shortfall. 13 of 19 In its review of the project, the Planning Commission expressed support for the overall TDM plan as it in cludes a robust program of measures that are intended to expand transportation choices by providing employee incentives to reduce single occupancy vehicle trips to the project site, thus reducing the overall parking demand. Further, any future employer wo uld be subject to the TDM ordinance (SMMC Chapter 9.53), which establishes an AVR goal of 2.2 in the Downtown for employers with more than 30 employees. Staff has worked extensively with the applicant to develop a TDM plan that is tailored to the project o perations and will address any parking shortfall. The TDM program is required to begin reporting compliance one year after Certificate of Occupancy for the building and annually thereafter. The following are highlights of the required TDM program:  An “E mployer Transportation Coordinator” to oversee implementation of the TDM Plan within the company and a commitment to fund and provide continued education to the identified employer;  A monthly employee transportation allowance of at least 15% more than the monthly cost of leased parking provided to employees and not less than $230/month. A daily option is also provided as an alternative;  24 short -term bike parking spaces (above the municipal code requirement of four) and the provision of lockers/showers on -site in support of the alternative transportation mode;  Minimum of 12 secure bicycle parking spaces;  6 free on -site shared bicycles intended only for employee use during the work day;  On -site bicycle valet during all hours automobile valet is offered;  Prov ide employees with access to a carshare service for business and personal use during the work day; and  One EV/hybrid company car for business -related use for employees who have left their car s at home. Separate from the TDM program requirements is a recom mended condition that 14 of 19 requires 23 off -site parking spaces to be secured through written lease agreement with another property owner and deed restriction for exclusive use by the applicant during business hours. As detailed in Condition #60 of the Draft St atement of Official Action (Attachment A), the location of the of f -site parking should be convenient to the project site bu t not in the Downtown core area . Appeal Summary The appellant filed a timely appeal on May 4, 2016. In the appeal statement, the appellant expresses concern and an opinion that the proposed project: C onflicts with the vision, compatibility and pedestrian orientation goals of the Land Use and Circulation Element (LUCE) of the General Plan for the Downtown neighborhood;  Conflicts wi th key preservation issues and directives in the LUCE; C onflicts with the vision and pedestrian orientation goals of the Draft Downtown Community Plan; I ncludes a Transportation Demand Management (TDM) Program as part of the project’s conditions of a pproval that raises questions; and R equires a Conditional Use Permit to allow ground floor office use in the C3 -C zone. Appeal Analysis In contrast to the appellant’s statement, staff believes that the proposed project would be a successful example of adaptive reuse in the City’s Downtown and would further the goals, policies, and development parameters specified in the Land Use and Circulation Element of the General Plan (LUCE) and the Draft Downtown Community Plan (DCP). Consistency with the LUCE T he LUCE firmly establishes the importance of preserving the City’s important historic Downtown buildings and their role in creating a vibrant and progressive district. The LUCE has identified adaptive reuse as a means of accommodating new growth and 15 of 19 devel opment and encourages new creative uses that may capitalize on the flexibility and incentives that preservation offers. The LUCE further establishes a vision for Downtown that is culturally rich, diverse and attractive. The adaptive reuse of this belove d building would assure that it would remain an important part of the ever -evolving downtown, and a reflection of the area’s history. The proposal furthers Downtown Goal D7 to “Create a balanced mix of uses in the Downtown.” Furthermore, the project is a cutting edge example of adaptive reuse and furthers the overarching Historic Preservation goal of preserving and protecting historic resources (Goal HP1) and integrating historic preservation practices into sustainable development decisions (Goal HP3) and adheres to the policy (D7.5) of encouraging adaptive reuse of historic resources. The site design proposes a gathering space at the street corner which will feature an interpretative element that reflects on the building’s history as a post office. This supports the LUCE goal of enhancing the quality and character of the streetscape and urban pattern in the Downtown (Goal D9) and the Transportation goal (T3) of providing streets that are pleasant for all users. The proposed Parking Variance is consistent with Historic Preservation Policies which encourages rehabilitation and restoration of historic resources through flexible zoning practices including reduced parking requirements. Consistency with the Draft D owntown Community Plan Although not required, t he proposed project is consistent in its current form with t he goals and policies preliminarily identified in the Draft Downtown Community Plan (DCP ). Th e Draft DCP presents a balanced urban design and preservation strategy that strongly encourages adapti ve reuse that reinforce s the existing and unique character of Downtown . The proposed historic interpretative element adds variety to the streetscape and adheres to the goal of creating a balanced and diverse system of high quality open spaces in Downtown. Concerning the proposed parking variance, the Draft DCP establishes standards and regulations that would reduce the parking requirement for the proposed project. Currently, the project is subject to a parking ratio of one space per 300 square feet of 16 of 19 fl oor area. Hypothetically, if the project was subject to the parking standards recommended in the Draft Downtown Community Plan, which requires one parking space per 500 square feet of floor area, the project would have a parking requirement of 29 spaces to tal and the extent of the parking shortfall would be significantly reduced from 23 spaces down to four spaces. The DCP takes on an even more progressive stance when considering adaptive reuse as it suggests not requiring any additional parking if a projec t scope includes the appropriate preservation or restoration of a designated historic resource . The newly adopted Zoning Ordinance already contains similar incentives for the adaptive reuse of designated historic resources . TDM Plan The recommended TDM p lan is outlined in Condition #58 of the Draft Statement of Official Action (Attachment A) an d identifies strategies for expanding transportation choice for employees by incentivizing employees to reduce single -occupancy vehicle trips to the project site th ereby lessening the demand for parking to be provided in support of the Parking Variance request. The applicant’s TDM Plan exceeds the mandatory requirements specified in 1988 Zoning Ordinance Section 9.16.120 for a development project that is anticipated to generate more than ten p.m. peak period automobile trips. The applicant anticipates a maximu m of 54 employees after build -out of the project. Any future employers in the project will be required to comply with the new TDM ordinance (SMMC Chapter 9.53). No Additional Land Use Entitlements are Required . The appellant contends that the project requires a Conditional Use Permit to allow creative office on the first floor. However, as specified in the Downtown IZO, this project is being reviewe d for compl iance with the land use regulations described in the 1988 Z oning O rdinance , and staff accordingly has determined that the subject project, as presented, is not required to obtain a additional Conditional Use Permit. O n June 30, 2014, the zoning conformanc e review for Business License #210156 was completed for Skye Collection LLC to operate a Creative Office use. The business was described on the application as follows: 17 of 19 “Creative office use. We coordinate the design and manufacturing of clothing. Our off ice will include a clothing design studio as well as personnel that coordinate the manufacturing of such clothing and handle general administrative tasks including accounting, marketing, public relations and human resources. Clothing manufacturing will no t take place on -site.” Since a new creative office use (movie/television production) is proposed in a building where an existing creative office use (clothing design) is already permitted , it was determined that no additional land use entitlement (i.e. CUP ) is required. When the business license zoning conformance review was completed by staff, specific functions of the clothing design component of the creative office use were restricted from occurring within certain portions of the building in compliance with pedestrian orientation requirements. Conclusion Staff recommends that the City Council deny the appeal and uphold the decision of the Planning Commission to approve a Development Review Permit and Parking Variance (15ENT -0138) in association with th e adaptive reuse and floor area expansion of the former US Post Office building, located at 1248 5th Street, as creative office space based on the findings and subject to the conditions described as an attachment to this report. Environmental Status An I nitial Study/Mitigated Negative Declaration was prepared pursuant to Sections 15063(c) and 15070 of the California Environmental Quality Act Guidelines and the City of Santa Monica CEQA Guidelines to assess the potential environmental effects of the propos ed project and was adopted on April 20, 2016 by Resolution 16 -003 (Planning Commission Series). Five environmental factors (Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise and Construction -related Traffic had potential issues that required mitigation to result in “Less than Significant” impacts. In 18 of 19 total, 23 mitigation measures have been developed that will be incorporated into the project’s conditions of approval; 18 of these measures address the impacts on Cultural Resources including, but not limited to: • Preparation of a Historic American Buildings Survey (HABS) report; • Preparation of a Protection Plan and Materials Conservation report; • Demolition and Construction monitoring by a qualified architectural historian; • Salvage a nd reuse of historic materials, when appropriate; and • Inclusion of commemorative signage, interpretive educational program or public art. The remaining mitigation measures address mainly construction -related issues within the other four environmental fact ors that required attention. The Planning Commission adopted Resolution #16 -003 (PCS) adopting a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program for the project on April 20, 2016 . The appellant did not appeal the Plan ning Commission’s CEQA determination for the project and therefore, the MND is not part of the Council’s review. Financial Impacts and Budget Actions There is no immediate financial impact or budget action required as a result of the recommended action . Prepared By: Scott Albright, Senior Planner Approved Forwarded to Council 19 of 19 Attachments: A. Draft Statement of Official Action (16ENT -0065) (1248 5th St appeal) B. Planning Commission Statement of Official Action April 20, 2016 (15ENT -0138) (1248 5th St) C. Plans for 16ENT -0065 (1248 5th Street appeal) D. Planning Commission Staff Report April 20, 216 E. Planning Commission Staff Report March 16, 2016 F. Written comments G. Written comments H. powerpoint City of Santa Monica City Planning Division CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT INFORMATION CASE NUMBER: 16ENT -0065 LOCATION: 1248 5 th Street APPELL ANT: Jennifer Kennedy APPLICANT: 1248 5 th Street, LLC PROPERTY OWNER : 1248 5 th Street, LLC CASE PLANNER: Scott Albright, Senior Planner REQUEST: Appeal of the Planning Commission’s Decision to Approve Development Review Per mit and Variance (15ENT0138) allow ing the construction of a new three - story, 32 feet in height, 14,490 square -foot addition to the former United States Post Office building as part of an adaptive reuse project converting the existing Landmark building to creative office space . A parking var iance is also requested to reduce the required number of parking spaces to be provided in accommodation of the added floor area from 48 spaces to 25 spaces . CEQA STATUS: An Initial Study /Mitigated Negative Declaration was prepared pursuant to Sections 15 063(c) and 15070 of the California Environmental Quality Act Guidelines and the City of Santa Monica CEQA Guidelines to assess the potential environmental effects of the proposed project and was certified on April 20, 2016 by Resolution 16 -003 (Planning Co mmission Series). 16ENT -0065 City Council Statement of Official Action 2 CITY COUNCIL ACTION 8 /20/2016 D etermination Date X Approved based on the following findings and subject to the conditions below. Denied. Other: EFFECTIVE DATES OF ACTIONS IF NOT APPEALED: Not Appealable EXPIRATION DATE OF ANY PERMITS GRANTED: 1 year LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES*: 6 months * Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit. Each and all of the findings and determinations 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 e vidence 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. FINDINGS : DEVELOPMENT REVIEW FINDINGS A. The physical location, size, massing and placement o f proposed structures on the site and the location of proposed amenities within the project are compatible with and relate harmoniously to surr ounding sites and neighborhoods in that t he project design successfully integrates the proposed building addition with the historic fabric of the former US Post Office building. The new addition will replace an existing, non -historic loading dock and canopy at the rear of the existing building. The proposed building mass will maintain the historic symmetry of the b uilding by extending up the rear building elevation, wrapping the corner and creating a partial third floor. This addition will be setback approximately 40 feet from the building’s historic facade along 5th Street and 24 feet from the existing side elevat ions (including the Arizona Avenue elevation). T he project will provide a working example of innovative adaptive reuse of a landmark building which is an important tool for consideration in Downtown and will be consistent in scale and mass with buildings within the immediate vicinity. B. The rights -of -way can accommodate autos and pedestrians, including ade quate parking and access . The property is located on the northwest corner of Arizona Avenue and Fifth Street, two public streets, and Fourth Court, a pub lic alley. Public 16ENT -0065 City Council Statement of Official Action 3 transit in the project vicinity is provided by both the Big Blue Bus and Metro. Bus stops are provided nearby along Fourth Street, Arizona Avenue and Wilshire Boulevard. Furthermore, the property is located within one -half mile of the f orthcoming Exposition Light Rail line, which will be operational in May 2016. The project vicinity also provides an extensive network of on -street bike facilities, including striped bike lanes on Arizona Avenue and Sixth Street. Parking for 25 vehicles an d bike facilities accommodating 24 bicycles will be provided on -site for employee use. C. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the proposed development is located within an urbanized area that is already adequately served by existing City infrastructure. No new safety services or public infrastructure will be required by this project. D. Any on -site provision of housing or parks and public open space, which are part of the required project mitigation measures required in Part 9.04.10.12 (Project Mitigation Measures) of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, satisfactorily meet the goals of the mitigation program, in that the project applicant will not be required to pay an in -lieu fee as outlined in the above referenced code section given that the project does not include the construction of more than 15,000 net rentable square feet or the addition to an existing co mmercial project of 10,000 net rentable square feet or more of medical office floor area. E. The project is generally consistent with the Municipal Code and General Plan . The project is required to be in compliance with the goals, policies and development pa rameters contained in the Land Use and Circulation Element of the General Plan as adopted in July 2010. The subject property has been included within “Downtown Core” land use district, and would be subject to the general goals and policies established in the Downtown section of Chapter 2.6. In terms of development parameters, those c ited in Chapter 2.1 for the Downtown Core would apply. Currently, this section contemplates the development of a specific plan for the area that will establish maximum height , floor area and other development parameters in the future. In the interim, the applicable land use designations of the Bayside District Specific Plan and the 1984 General Plan continue to apply. In general, the proposal furthers Downtown Goal D7 to “Cr eate a balanced mix of uses in the Downtown.” Furthermore, the project is a well -executed example of adaptive reuse and furthers the overarching Historic Preservation goal of preserving and protecting historic resources (Goal HP1) and integrating historic preservation practices into sustainable development decisions (Goal HP3) and adheres to t he policy (D7.5) of encouraging adaptive reuse of historic resources. The proposed Parking Variance is consistent with Historic Preservation Policy HP1.5 which encourages rehabilitation and restoration of historic resources through flexible zoning practic es including reduced parking requirements. 16ENT -0065 City Council Statement of Official Action 4 F. Reasonable mitigation measures have been included for all adverse impacts identified in the Initial Study/Mitigated Negative Declaration. The Initial Study/ Mitigated Negative Declaration analyzed environmental i mpacts that would be potentially affected by the proposed project and determined that potentially significant impacts with respect to cultural resources, Geology and Soils, Hazards and Hazardous Materials, Noise, and Construction -related Traffic would be r educed to less than significant levels with the incorporation of mitigation measures imposed on the project. Less than significant or no impacts would occur with respect to the following issues: Aesthetics/Shadows, Agriculture and Forestry Resources, Air Q uality, Biological Resources, Construction Effects, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Utilities, and Mandatory Findings of Significance . VARIANCE FINDI NGS a) 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 properti es in the vicinity under an identical zoning classification in that the property is zoned C3C (Downtown Commercial Overlay) and is improved with a 1938 PWA Moderne building that has been designated as a City Landmark. The building, including historic feat ures of its interior lobby, is also protected by a Preservation Covenant imposed by the United States Postal Service at the time of sale. This restricts the significant remodeling of portions of the existing envelope of the building , specifically within t he lobby space, and limits the establishment of additional floor area above. As a designated Landmark and pursuant to the preservation covenant, consistency to the Secretary of the Interior’s Standards is required, and amplifies the challenges of providing additional parking. The building’s existing construction of poured in place concrete eliminates the ability to add any subterranean parking. b) The granting of such variance will not be detrimental nor injurious to the property or improvements in the genera l vicinity and district in which the property is located in that t he property was in use as the City’s main post office for nearly 75 years. When it was operated as a post office, the property had no customer parking. And per the City’s Mitigated Negativ e Declaration, the new use is expected to generate 2,242 less daily vehicle trips than did the post office use and hence will have a far reduced parking demand. c) 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 i t is not possible to construct additional parking on the project site. The site is constrained by the existence of the landmark building whose character defining features must be protected in accordance with the Secretary of the Interior’s Standards. The existing conditions of the building, constructed of poured in place concrete, impacts the ability to excavate the 16ENT -0065 City Council Statement of Official Action 5 property to create a subterranean parking garag e without potentially compromising the historic building’s integrity. d) 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 General Plan. T he Land Use and Circulation Element, in Policy HP1.5, encourages efforts to “Support rehabilitation and restoration of historic resources through flexible zoning policies and modifications to development standards, as appropriate, subject to discretionary review, required findings and neighborhood compatibility such as: the in -kind replacement of nonconforming features, reduced parking requirements, building height, parcel coverage, and building envelope requirements”. Furthermore, the General Plan has ide ntified a specific Historic Preservation action in Chapter 2.3 to “Develop measures in the Santa Monica Zoning Ordinance to address appropriate additions to, and adaptive reuse of historic buildings.” e) The variance would not impair the integrity and chara cter of the district in which it is to be located in that t he requested parking variance fosters and encourages the preservation and adaptive reuse of this historically important building constructed in 1938 in the Downtown. f) The subject site is physically suitable for the proposed variance in that t he need for the requested parking variance is a result of the retention and preservation of the landmark building on the subject property. Moreover, per the General Plan encourages a parking management approach for the Downtown, which is well served by public transit, including buses and the new Exposition Light Rail Line Extension, and bike lanes. g) There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed v ariance 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 ap proval of the subject application will create a need for additional utilities or services. h) There will be adequate provisions for public access to serve the subject variance proposal. The project site is located in the Downtown, which is a transit priority area as designated by Southern California Association of Governments (SCAG). The property is located on the northwest corner of Arizona Avenue and Fifth Street, two public streets, and Fourth Court, a public alley. Public transit in the project vicinity is provided by both the Big Blue Bus and Metro. Bus stops are provided nearby along Fourth Street, Arizona Avenue and Wilshire Boulevard. Furthermore, the property is located within one -half mile of the forthcoming Exposition Light Rail line, which will b e operational in May 2016. The project vicinity also provides an extensive network of on -street bike facilities, including striped bike lanes on Arizona Avenue and Sixth Street. 16ENT -0065 City Council Statement of Official Action 6 i) 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 effectivene ss, and enforced by the City as contained in Section 9.04.10.08.050 of the Chapter. The appli cant has proposed a Transportation Demand Management (TDM) Program which is described in detail and included as part of the project’s Conditions of Approval. j) Al l the above specified requirements need not apply to variances which the Zoning Administrator finds are essential or desirable to the public convenience or welfare and are not in conflict with the General Plan and where the granting of the variance will no t be materially detrimental nor injurious to property or improvements in the general vicinity and district in which the property is located , in that the granting of the requested parking variance will foster the rehabilitation, restoration and adaptive re -use of this important landmark building in Downtown. k) 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 existing parcel constraints, the location of exis ting improvements, and/or the placement of adjacent uses, practical use or enjoyment of the subject parcel would not be possible. The existing FAR is only 0.54, and the maximum allowable commercial FAR is 3.5. With housing, the maximum FAR would be up to about 6.5. The existing height is 25’-7”, the maximum height is 84 feet, and the proposed building height is 32 feet, consistent with the City’s Interim Zoning Ordinance. Unlike other properties in the Downtown, the landmark building prevents this proper ty from approaching anywhere near its maximum development potential, and the cost of rehabilitating and converting the use of the existing post office building to a commercially viable and energy -efficient use is exceptional. CONDITIONS OF APPROVAL : PLAN NING AND COMMUNITY DEVELOPMENT Project Specific Conditions 1. The Landmarks Commission shall pay particular attention to the following design elements of the project: a. The material choices for the cladding of the new construction shall be appropriate and compatible with a typical PWA Moderne architectural style building; b. The verticality of design on the Landmark building shall be reflected in the overall design for the new construction; 16ENT -0065 City Council Statement of Official Action 7 c. The amount of ornamentation on the new construction should be limited. d. The fenestration on the new construction shall reference the historic pattern found on the Landmark building e. Given drought conditions, consider the necessity of in cluding a water feature within the project’s landscape design for the site; f. Consider the installation of solar control for windows, particularly on the south and west elevations; and g. The overall design and purpose of the Interpretative area given its lo cation adjacent to a public street corner; and 2. The interpretative area located at the southeast corner of the Project site shall not include bicycle parking. 3. Applicant is encouraged to present any proposed alterations to the historic interior lobby to th e Landmarks Commission for their recommendation prior to formal review of the proposed alterations by the City Council. Administrative 4. 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 Commissio n’s determination in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040 of the 1988 Zoning Ordinance. 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 two years from the permit’s effective date. Exercise of rights shall mean issuance of a building permit to commence construction. 5. Within ten days of City Planning Division transmittal of the Statement of Offi cial Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the City Planning Division, agreeing to the conditions of approval and acknowledging that failure to comply with such conditions shall constitute gr ounds 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 City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 6. 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 acco rdance with the Zoning Administrator guidelines and shall remain in place until 16ENT -0065 City Council Statement of Official Action 8 a building permit is issued for the project. The sign shall be removed promptly when a building permit is issued for the project or upon expiration of the Design Compatibility Permit. 7. 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. Conformance wit h Approved Plans 8. This approval is for those plans dated February 22, 2016 which includes panel capacity and conduit stubs for installation of electrical outlets designed to allow the simultaneous charging of a minimum number of 208/240 V 40 amp, grounded AC outlets for at least 5 parking spaces. At least three additional parking spaces shall include electric vehicle charging stations. Space shall be allocated in the Project for the storage of energy fuel cells that will be used to store energy to power th e electric vehicle charging stations. A copy of the Project Plans 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. 9. Min or amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Landmarks Commission or Director of Planning. 10. Project plans shall be subject to complete Code Compliance review when the building plans are submitted for plan check and shall comply with all applicable provisions of Article IX of the Municipal Code and all other pertinent ordinances and General Plan policies of the City of Santa Monica prior to building permit issuance. Fees 11. No building permit shall be issued for the project until the developer complies with the requirements of Part 9.04.10.20 of the 1988 Zoning Ordinance of the Santa Monica Municipal Code, Private Developer Cultural Arts Requirement. If the developer elects to comply with these requirements by providing on -site public art work or cultural facilities, no fin al City approval shall be granted until such time as the Director of the Community and Cultural Services Department issues a notice of compliance in accordance with Part 9.04.10.20 of the 1988 Zoning Ordinance. 16ENT -0065 City Council Statement of Official Action 9 12. No building permit shall be issued for the p roject until the developer complies with the requirements of Chapter 9.72 of the 1988 Zoning Ordinance, the Child Care Linkage Program. If the developer elects to comply with these requirements by providing facilities in lieu of fees, no building permits shall be issued for the project until the Director of Planning and Community Development, in consultation with the Director of the Commun ity and Cultural Services Department, has issued a notice that the developer has complied with the requirements of this Chapter. 13. No building permit shall be issued for the project until the developer complies with the requirements of Chapter 9.73 of the 1988 Zoning Ordinance, the Transportation Impact Fee Program. 14. The proposed project is subject to the provisions of Chapter 9.74, Affordable Housing Commercial Linkage Fee. 15. The proposed project is subject to the provisions of Chapter 9.75, Parks and Recr eation Development Impact Fee. Mitigation Monitoring Program 16. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the projec t made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the City Planning Division itself and other City divisions and departments such as the Building and Safety Division, the Department of Environmental and Public Works, the Fire Department, the Police Department, the Planning and Community Development Department and the Fina nce Department are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and that other responsible agencies are also informed of conditions relating to their responsibiliti es. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions. 16ENT -0065 City Council Statement of Official Action 10 Mitigation Measures 17. MM CR -1; Recordation: Prior to any alteration to or removal of building features for the implementation of the proposed project, a Historic American Buildings Survey (HABS) Level II recordation document shall be prepared by the applicant. The work shall be completed by a qualified historic preservation professional who meets the requirements of the U.S. Secretary of the Interior’s Professional Qualifications for history, architectura l history, and/or historic architecture (pursuant to 36 CFR 61). The HABS document shall record the history of the property and its contextual relationship to the overall history of the community as well as the history of post office construction. Its phys ical condition, both historic and current, should also be described in the document through the use of site plans; original as ‐built drawings, as available; historical and current maps and photographs; and written data and text. Field photos and notes shou ld also be included as supporting exhibit material. All document components should be completed in accordance with the Secretary of the Interior’s Standards and Guidelines for Architectural and Engineering Documentation (HABS standards). This recordation d ocument shall include at a minimum:  A written historic and descriptive report completed in narrative format.  A sketch floor plan for each floor level shall accompany the recordation document.  Large ‐format photographs in accordance with HABS guidelines and standards shall be included in the report. Views shall include contextual views, all exterior elevations, details views of significant exterior architectural features, and interior views of significant historical architectural features or spaces, includin g the interior “spy walk” and associated elements . Such photographs shall be logged, tagged, and collected onto a media storage device for safe archiving and copies provided to those repositories receiving the HABS finished document.  A site plan coordinate d with the photo log shall also be included.  Available historic photographs and historic and/or current as built plans of the site and its contributing resources shall be reproduced digitally or photographically and included in the recordation document.  Th e HABS documentation shall be submitted to NPS for transmittal to the Library of Congress, and archival copies shall be sent to the City of Santa Monica Landmarks Commission (Community Development, City Planning Division). In addition, one original copy of the documentation reproduced on archival paper as specified above shall be assembled and one set offered and (if accepted) sent to each of the following entities: The California Historical Resources Information System (CHRIS) and Southern California Coast al Information Center (SCCIC) at California State University, Fullerton. The archives of the Santa Monica Conservancy. The archives of the Santa Monica Historical Society. The archives of the City of Santa Monica Public Library (Main Branch). The archives of the Huntington Library, Arts Collections, and Botanical Gardens. Digital copies shall be 16ENT -0065 City Council Statement of Official Action 11 available for public review on the City of Santa Monica Historic Preservation website and the Santa Monica Public Library website. 18. MM CR -2; Compliance with SOI Sta ndards: Any maintenance, repair, stabilization, rehabilitation, preservation, conservation, or reconstruction of any portion of the Post Office building, including removal of its existing roof and rear (west) elevation loading dock wall and features, shall be conducted in a manner consistent with SOI Standards for Rehabilitation. 19. MM CR -3; Rehabilitation Plan Coordination: Any rehabilitation plans shall be developed in conjunction with a qualified historic architect who satisfies the Secretary of the Interi or’s Professional Qualification Standards for History, Architectural History, or Architecture pursuant to 36 CFR 61. The Applicant shall obtain the services of a qualified historic architect to review and verify the Project plans comply with the SOI Standa rds. 20. MM CR -4; Santa Monica Landmarks Commission Oversight: Detailed design plans involving modifications to the building and parcel shall be submitted to the City’s Landmarks Commission for their review and approval prior to the beginning of any construct ion work, including grading or demolition activities. A Certificate of Appropriateness (COA) approved by the Landmarks Commission is also required from the City for the implementation of the proposed project. Any subsequent alterations of the property may require additional review and approval by the City’s Landmarks Commission and/or City staff. 21. MM CR -5; Protection Plan and Materials Conservation Report: A Protection Plan and Materials Conservation Report consistent with SOI Standards shall be prepared by a qualified historic preservation professional who satisfies the Secretary of the Interior’s Professional Qualification Standards for History, Architectural History, or Architecture pursuant to 36 CFR 61. This report shall be submitted to the City for the ir review and approval. 22. MM CR -6; Salvage and Reuse of Historic Material: In compliance with SOI Standards, original historic materials, features, and objects shall be salvaged to the extent feasible and reused in the repair, rehabilitation of the Post Off ice building in accordance with MM CRs 4 and 5. 23. MM CR -7; Historic Materials Replacement: In compliance with SOI Standards, in cases where the project would replace a distinctive historic feature or material, the new feature shall match the original/old in design, color, texture, and other visual qualities, and, where possible, shall match materials. All such work shall be accurately reproduced based on historical, pictorial, and physical documentation and evidence. 24. MM CR -8; Compatible New Construction: Co nsistent with SOI Standards, the proposed project shall be differentiated from the historic building, but compatible in terms of size, scale, proportions, massing, height, design, material, color, and 16ENT -0065 City Council Statement of Official Action 12 texture. For any new construction proposed for the Post Office building, a qualified historic architect, architectural historian, and/or builder familiar with historic construction techniques, issues, and material shall be consulted during the entire design process to ensure that the new permanently -built form s of the connecting addition will evoke a style compatible with the original building. New construction associated with the connecting building shall be designed and executed in accordance with the concepts described in the SOI Standards and Preservation B rief No. 14: New Exterior Additions to Historic Buildings, Preservation Concerns published by NPS. Concept and detailed plans (e.g., architectural, structural, and mechanical) for the proposed new addition and other associated work to the historic building and immediate site shall be submitted by the applicant to the Santa Monica Landmarks Commission for their review and approval prior to issuance of any permits (i.e. grading, demolition, building) and project implementation. 25. MM CR -9; California Historical Building Code Compliance: All work for code mitigation such as egress, fire safety, railing heights, door widths, accessibility, etc. shall utilize and follow the perspective code of the California Historical Building Code and the relevant guidelines spec ific in the SOI Standards. Access ramps and lifts, as required, shall be placed along secondary elevations. 26. MM CR -10; Demolition/Construction Monitoring: The project applicant shall retain a qualified architectural historian, historic architect, or histor ic preservation professional to conduct on ‐site construction monitoring during the demolition and construction phases of the project. Newly uncovered features shall be documented. Additionally, an approved Native American monitor(s) shall be present for all ground disturbing activities that involve excavation of the proposed project’s basement level. The monitor shall prepare the necessary written and illustrated documentation in construction monitoring progress reports or memos. This document shall incl ude any supporting material, including photographs,. The completed documentation shall be submitted to the City for inclusion in the property’s internal landmark file. A final sign ‐off of the project is required by the consulting monitor in coordination wi th the project contractor/design team and City building inspector prior to the issuance of a certificate of occupancy. 27. MM CR -11; Compatible New Landscape: Project landscape plans shall adhere to SOI Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and, as applicable, to SOI Standards for the Treatment of Historic Properties with Guidelines for the Treatment of Cultural landsc apes. According to these Standards, it is recommended that landscape features that are important in defining the historic character of the site should not be removed. Any plans involving the removal or replacement of noted important landscape features shou ld be developed in conjunction with a qualified architectural historian, historic architect, historic preservation professional, or historic landscape architect who satisfies the SOI Professional Qualification Standards in their respective field(s), pursua nt to 36 CFR 61. Any plan for removal or replacement of such landscape 16ENT -0065 City Council Statement of Official Action 13 features shall be reviewed and approved by the City of Santa Monica’s Landmarks Commission. 28. MM CR -12; Canary Island Palm Tree Protection: The mature Canary Island palm tree located sou th of the subject property shall be retained as part of the proposed project’s future landscaping unless its removal is authorized in compliance with the City’s Landmarks Ordinance. If it is determined that the tree’s removal is authorized pursuant to the City’s Landmark Ordinance, a photographic documentation report shall be prepared by a qualified architectural historian, historic architect, historic preservation professional, or historic landscape architect who satisfies the SOI Professional Qualificatio n Standards in their respective field(s), pursuant to 36 CFR 61. This report shall document the significance of the Canary Island palm tree and its association with the site and post office as well as its physical condition, both historic and current throu gh photographs and text. Photographic documentation should be taken digitally (high resolution) by a photographer familiar with the recordation of historic features and resources. Copies of the report shall be provided to the Landmarks Commission (Planning and Community Development, City Planning Division) and the City’s Public Library (Main Branch). This documentation can be covered in the HABS documentation required by MM CR -1. 29. MM CR -13; Structural and Shoring Plans: The structural and shoring plans prep ared for the Project shall comply with the SOI Standards; State Historical Building Code, as applicable; and other relevant preservation briefs, bulletins, references and guidelines. Such plans shall be reviewed for SOI Standards compliance by a qualified historic architect. 30. MM CR -14; Seismic Plans: The seismic plans prepared for the Project shall comply with the SOI Standards; State Historical Building Code, as applicable; and other relevant preservation briefs, bulletins, references, and guidelines. Such plans shall be reviewed by a qualified historic architect to ensure compliance with SOI Standards. 31. MM CR -15; Mechanical Plans: The mechanical plans prepared for the Project shall comply with the SOI Standards; State Historical Building Code, as applicabl e; and other relevant preservation briefs, bulletins, references, and guidelines. Such plans shall be reviewed by a qualified historic architect to ensure compliance with SOI Standards. 32. MM CR -16; Interpretative Signage and/or Educational Program, or Publi c Artwork: To assist the public in understanding the historical, cultural, and architectural importance of the Post Office building, the applicant shall design and install an interpretative sign, artwork/ display, and/or plaque adjacent to or near the reha bilitated building. Public signage or artwork installed at the site may incorporate salvaged “period appropriate” items from the structure and any historical information, photographs, plans, postcards, etc. of the property in a 16ENT -0065 City Council Statement of Official Action 14 creative medium accessible o r visible to the public. Any signage or artwork should include or interpret information specific to the history and architecture of the site and its historical association with the U.S. Postal Service. This signage or artwork/ display shall be developed wi th the assistance of a qualified architectural historian or historic preservation professional who satisfies the applicable SOI Professional Qualifications Standards pursuant to 36 CFR 61 and in coordination with the City and shall be approved by the Landm arks Commission. 33. MM CR -17; Inadvertent Discovery of Archaeological Resources: In the event of any inadvertent discovery of prehistoric or historic -period archaeological resources during construction, the applicant shall immediately cease all work within 5 0 feet of the discovery. The applicant shall immediately notify the City of Santa Monica Planning and Community Development Department and shall retain a Registered Professional Archaeologist (RPA) to evaluate the significance of the discovery prior to res uming any activities that could impact the site/discovery. This investigation must be driven by a Treatment Plan that sets forth explicit criteria for evaluating the significance of resources discovered during construction and identifies appropriate data r ecovery methods and procedures to mitigate project effects on significant resources. The Treatment Plan shall be prepared by an RPA familiar with both historical resources and prehistoric archaeological resources prior to further excavation or site investi gation following initial discovery. The Treatment Plan shall also provide for a final technical report on all cultural resource studies and for the curation of artifacts and other recovered remains at a qualified curation facility, to be funded by the appl icant. If the archaeologist determines that the find may qualify for listing in the California Register, the site shall be avoided or a data recovery plan shall be developed. Any required testing or data recovery shall be directed by an RPA prior to resumi ng construction activities in the affected area. Work shall not resume until authorization is received from the City. 34. MM CR -18; Inadvertent Discovery of Paleontological Resources: In the event that a paleontological resource is discovered, the find shall be assessed by a qualified paleontologist for scientific significance and collected for curation, if necessary. If significant resources are encountered, curation will occur according to accepted standards as recommended by the Paleontologist in consultati on with City staff. 35. MM GEO -1 : The proposed project shall be designed to comply with the most recent Santa Monica Municipal Code and Santa Monica Building Code requirements addressing geotechnical safety, as well as the recommendations of the final design level geotechnical report addressing seismic and soils hazards. These requirements and recommendations, as established in the Geotechnical Report for the proposed project (Geotechnologies, Inc., Revised June 2015). Any subsequent revisions, shall be implem ented in the design of the project, including but not limited to measures associated with grading, foundation design, and temporary excavations. Permits shall not be issued for grading or construction until the City has reviewed and approved project plans. 16ENT -0065 City Council Statement of Official Action 15 36. MM HAZ -1 Prior to the issuance of a demolition permit, the contractor shall conduct a comprehensive survey of lead based paint (LBP) and asbestos containing materials (ACM). If such hazardous materials are found to be present, the contractor shall follow all applicable local, state and federal regulations, as well as best management practices related to the treatment, handling, and disposal of LBP and ACM. 37. MM HAZ -2 Prior to the issuance of a demolition permit, the project shall have a contingency plan to be implemented in the event that contaminants or structural features that could be associated with contaminants or hazardous materials are suspected or discovered, including the presence of discovered underground storage tanks or onsite wastewater treatme nt systems. The contingency plan shall stipulate that if contaminants or buried equipment are found or suspected, work around the area shall temporarily cease and appropriate measures shall be undertaken. The contingency plan shall include a provision stat ing at what point it is safe to continue with the excavation or demolition, and identify the person and/or agency authorized to make that determination. The contingency plan shall be reviewed and approved by the City’s Office of Sustainability or the Santa Monica Fire Department, whichever applicable. 38. MM NOI -1 Construction Noise Management Plan . A Construction Noise Management Plan shall be prepared by the applicant and approved by the City. The Plan would address noise and vibration impacts and outline measures that would be used to reduce impacts. Measures would include: • To the extent that they exceed the applicable construction noise limits, excavation, foundation -laying, and conditioning activities shall be restricted to between the hours of 10:00 a.m . and 3:00 p.m., Monday through Friday, in accordance with Section 4.12.110(d) of the Santa Monica Municipal Code. • The applicant’s construction contracts shall require implementation of the following construction best management practices (BMPs) by all con struction contractors and subcontractors working in or around the project sites to reduce construction noise levels: o The applicant and its contractors and subcontractors shall ensure that construction equipment is properly muffled according to manufactures specifications or as required by the City’s Department of Building and Safety, whichever is the more stringent. o The applicant and its contractors and subcontractors shall place noise -generating construction equipment and locate construction staging areas away from sensitive uses where feasible, to the satisfaction of the Department of Building and Safety. o The applicant and its contractors and subcontractors shall implement noise attenuation measures which may include, but are not limited 16ENT -0065 City Council Statement of Official Action 16 to, noise barriers or noise blankets to the satisfaction of the City’s Department of Building and Safety. • The applicant’s contracts with its construction contractors and subcontractors shall include the requirement that construction staging areas, construction worker parkin g and the operation of earthmoving equipment within the project site, are located as far away from vibration - and noise -sensitive sites as possible. Contract provisions incorporating the above requirements shall be included as part of the project’s constru ction documents, which shall be reviewed and approved by the City. • The applicant shall require by contract specifications that heavily loaded trucks used during construction shall be routed away from residential streets to the extent possible. Contract spe cifications shall be included in the proposed project’s construction documents, which shall be reviewed by the City prior to issuance of a grading permit. 39. MM TRAN -1 Construction Impact Mitigation Plan : The applicant shall prepare, implement, and maintain a Construction Impact Mitigation Plan for review and approval prior to issuance of a building permit to address and manage traffic during construction. The Plan shall be designed to: • Prevent traffic impacts on the surrounding street network. • Minimize parki ng impacts both to public parking and access to private parking to the greatest extent practicable. • Ensure safety for both those constructing the project and the surrounding community. • Prevent substantial truck traffic through residential neighborhoods. • Fa cilitate coordination with adjacent or nearby construction projects. The Construction Impact Mitigation Plan shall be subject to review and approval by the following City departments: Public Works, Fire, Planning and Community Development, and Police to e nsure that the Plan has been designed in accordance with this mitigation measure and meets City standards. This review shall occur prior to issuance of grading or building permits. It shall, at a minimum, include the following: Ongoing Requirements throughout the Duration of Construction  A detailed Construction Impact Mitigation Plan for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signage; and are a sidewalks, bicycle lanes, and parking lanes. The Plan shall include specific information regarding the project’s construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such plans shall b e reviewed and approved by the Strategic and Transportation Planning Division prior to commencement of construction and implemented in accordance with this approval. 16ENT -0065 City Council Statement of Official Action 17  Work within the public right -of -way shall be performed between 9:00 AM and 4:00 PM. This w ork includes dirt and demolition material hauling and construction material delivery. Work within the public right -of -way outside of these hours shall only be allowed after the issuance of an after -hours construction permit.  An applicant -funded onsite moni tor shall be present to ensure safety more dangerous activities are occurring (e.g., raising of heavy equipment to roof levels). The Plan shall identify the activities that would prompt the presence of an onsite monitor.  Streets and equipment shall be clea ned in accordance with established Public Works Department requirements.  Trucks shall only travel on a City -approved construction route. Truck queuing/ staging shall not be allowed on Santa Monica streets. Limited queuing may occur on the construction site itself.  Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be onsite, with a minimum amount of materials within a work area in the public right -of -way, subject to a current Use of Public Property P ermit.  Any requests for work before or after normal construction hours within the public right -of -way shall be subject to review and approval through the After Hours Permit process administered by the Building and Safety Division.  Provision of off -street p arking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica. Project Coordination Elements That Shall Be Implemented Prior to Commencement of Const ruction • The applicant shall advise the traveling public of impending construction activities (e.g., information signs, portable message signs, media listing/notification, and implementation of an approved Construction Impact Mitigation Plan). • The applicant shall obtain a Use of Public Property Permit, Excavation Permit, Sewer Permit, and/or Oversize Load Permit, as well as any Caltrans permits required, for any construction work requiring encroachment into public rights of way, detours, or any other work wi thin a public right -of -way. • The applicant shall provide timely notification of construction schedules to all affected agencies (e.g., Big Blue Bus, Police Department, Fire Department, Public Works Department, and Planning and Community Development Departme nt) and to all owners and residential and commercial tenants of property within a radius of 500 feet. • The applicant shall coordinate construction work with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal . • The applicant shall obtain Strategic and Transportation Planning Division approval of any haul routes for earth, concrete, construction materials, and/or equipment hauling. 16ENT -0065 City Council Statement of Official Action 18 Project Operations 40. This project’s primary use shall be for creative office space, and for uses and activities ancillary to the primary uses. 41. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of light s, noise, activities, parking or other actions. 42. The project shall at all times comply with the provisions of the Noise Ordinance (SMMC Chapter 4.12). Final Design 43. Plans for final design, landscaping, screening, trash enclosures, and signage shall be sub ject to review and approval by the Landmarks Commission as a Certificate of Appropriateness. 44. Landscaping plans shall comply with Subchapter 9.04.10.04 (Landscaping Standards) of the 1988 Zoning Ordinance including use of water -conserving landscaping mater ials, landscape maintenance and other standards contained in the Subchapter. 45. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130, 140, and 150 (1988 Zoning Ordinance). Refuse areas shall b e of a size adequate to meet on -site need, including recycling. The Landmarks Commission in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, an d shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Landmarks Commission, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof. 46. No gas or electric meters shall be located within the required front or street side yard setback areas. The Landmarks Commission in its review shall pay particular attention to the location and screening of such meters. 47. Prior to consideration of the project by the Landmarks Commission, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Landmarks Commission, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requiremen ts. 16ENT -0065 City Council Statement of Official Action 19 Construction Plan Requirements 48. 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. Demolition Requirements 49. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibi t the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs. 50. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to insure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. Construction Period 51. Immediately after demolition and during construction, a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 52. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Sant a Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. 53. Developer shall prepare a notice, subject to the review by the Director of Planning and Community Development, that lists all c onstruction mitigation requirements, permitted hours of construction, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents within a 200 -foot radius from the subject site at least five (5) days prior to the start of construction. 54. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the addres s 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. 16ENT -0065 City Council Statement of Official Action 20 55. A copy of these conditions shall be post ed 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. Standard Conditions 56. Final approval of any mechanical equipment in stallation 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. 57. Construction period signage shall be subject to the approval of the Landmarks Commissi on. Variance Conditions 58. As part of the applicant’s request to reduce the automobile parking requirements by 23 parking spaces, a Transportation Demand Management program shall be required. One year following the issuance of a Certificate of Occupancy for the building, and annually thereafter for the life of the project, the building owner shall be required to submit to the City a report that details compliance with the following Transportation Demand Management program: A. Employee Transportation Coordin ator . Applicant shall designate an Employee Transportation Coordinator (“ETC”) to manage all aspects of the Transportation Demand Management ("TDM") Program and participate in City -sponsored workshops and information roundtables. The ETC shall provide new employee orientation, which includes TDM education and training, commuter matching services, and creation of alternative transportation plans upon commencement of employment. The ETC shall be responsible for making information materials available on o ptions for alternative transportation modes and opportunities, particularly programs that involve commuter subsidies such as parking cash out and vanpool subsidies. In addition, transit fare media and day/month passes will be made available through the ET C to employees and visitors during typical business hours. In the event that the ETC is changed, Developer shall provide written notification to the City of the contact information for the new ETC for the Project within 15 days of such change. If availab le, ETC services may also be provided through a TMA. B. Transportation Allowance. Applicant (or Applicant's successors and assigns) shall offer a transportation allowance of at least 15% more than the monthly cost of leased parking provided to employees and no less than $230/month. An employee accepting the transportation allowance shall be 16ENT -0065 City Council Statement of Official Action 21 required to execute a contract agreeing that said employee will not utilize a single occupancy vehicle for the majority (at least 51%) of their daily commute distance mor e than an average of one day per week. The contract shall also specify the employee’s alternative commute mode (e.g., transit, bike, walk, Uber Pool or Lyft Line). As an alternative to the transportation allowance program, the Applicant shall offer a dai ly transportation allowance option (i.e. monthly transportation allowance divided by 20). Employees participating in the daily transportation allowance program shall not be required to execute the contract described above. C. Guaranteed Return Trip . Applica nt (or Applicant's successors and assigns) shall provide employees who participate in the Transportation Allowance with a return trip to their point of commute origin at no additional cost to the employee, when a personal emergency situation or unplanned o vertime requires it. D. Company Car. Applicant shall provide one compact EV or hybrid vehicle for use specifically by employees who have left their vehicles at home and need transportation specifically for business related purposes. E. Car Share Account. A pplicant shall provide employees with access to a car share service for business or personal use during the work day. F. Transportation Information Center . Applicant (or Applicant's successors and assigns) shall provide on -site transportation information l ocated where the greatest number of employees and visitors are likely to see it. Such transportation information may be provided in an on -site physical location, such as a bulletin board or kiosk, through other media, such as on a website or other digital means or both. Information shall include, but is not limited to, the following:  Current maps, routes, and schedules for public transit routes within one -half mile of the project site;  Transportation information including regional ridesharing agency, loca l transit operators, and certified TMA where available;  Ridesharing promotions material supplied by commuter -oriented organizations;  Bicycle route and facility information, including rental and sales locations, regional/local bicycle maps and bicycle safet y information within one -half mile of the project site;  A list of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site;  Walking and biking maps for employees and visitors, which shall include but not be li mited to information about convenient local services and restaurants within walking distance of the project; and  Information to employees of the project regarding local rental housing agencies and rail -adjacent rental housing opportunities. 16ENT -0065 City Council Statement of Official Action 22 G. Secured Storage For Bicycle Commuters . Applicant shall provide a location in the Project for secure bicycle parking for bicycle commuters for employees working in the building for a minimum of twelve (12) bicycles. For purposes of this requirement, secure bicycle parkin g may mean bicycle lockers, a locked cage, or other secure parking area. H. On -site Bicycle Valet . Applicant shall provide bike valet, free of charge, during all automobile valet operating hours. I. Short -Term Bicycle Parking . Applicant shall provide a minimum of twenty - four (24) bicycle parking spaces for short -term visitor use as shown on the Project Plans. J. On -site Company Bicycles . Applicant shall provide six (6) free on -site shared bicycles intended for employee use during the work day (e.g. Bike@Work Progr am). There shall be three male and three female bicycles. Applicant shall provide bicycle helmets, front and back active lights, reflective material on bikes and gloves, bike locks, bike bags, water bottle holder. K. Bicycle Education Program . Applicant sh all provide complimentary learn to ride and bike education programs (e.g. Santa Monica’s Sustainable Streets). The program shall include teaching adults how to ride, road safety, and bike maintenance classes. L. On -Site Showers and Lockers . A minimum of two (2) unisex showers and thirty -six (36) clothing lockers shall be provided for on -site employees who bicycle or use another active means, powered by human propulsion, of getting to work or who exercise during the day. Lockers shall be distributed with prio rity given to those who utilize commutes. M. Rideshare Parking . Applicant (or Applicant's successors and assigns) shall provide preferential parking correlated to demand, for employees who commute to work in employer registered carpools. N. Bicycle Parking Stand ards . Bicycle parking provided in the Project shall meet the requirements of SMMC Section 9.28.140 (2015 Zoning Ordinance). O. Remote Office . Applicant shall provide employees with the option to work remotely from home (or off -site) on occasion. 59. Applicant sh all provide an on -site parking attendant to assist with stacked parking in the drive aisles during normal business hours. 60. Prior to certificate of occupancy, the applicant shall secure 23 of f -site parking spaces through written lease agreement (s) between the A pplicant and another property owner (or owners) of a private parking facility. N ot all 23 spaces need to 16ENT -0065 City Council Statement of Official Action 23 be from the same property owner. In addition, t he leased parking spaces shall be deed r estricted for exclusive use by the Applicant for the ter ms of any parking lease. A ny deed restriction (s) shall be subject to approval of the City Attorney’s office and shall be provided prior to certificate of occupancy and annually thereafter to the Planning Director together with the copy (or copies) of the executed lease(s) for those 23 spaces . The off -site private parking facility shall:  Be demonstrated to be underutilized through a peak parking demand study of the off -site private parking facility, to be reviewed and approved by the City;]  Shall be conveniently accessible to the Project through non -motorized, active transportation means (e.g. walk, bike); and  Shall be located anywhere within the Downtown Core LUCE designation but outside the area bound by Wilshire Boulevard, 4 th Court alley, I -10 Fre eway, and 2 nd Street (“Core Area”). If the applicant is unable to secure 23 off -site parking spaces outside of the Core Area within 180 days after undertaking documented good faith attempts to do so prior to certificate of occupancy of the project, the app licant may then secure off - site parking anywhere within the Downtown Core LUCE designation. A copy of the written agreement stating the number of off -site spaces leased shall be provided annually with the Project’s annual employer trip reduction plan subm ittal to the City. STRATEGIC AND TRANSPORTATION PLANNING 61. Final auto parking, bicycle parking and loading layouts specifications shall be subject to the review and approval of the Strategic and Transportation Planning Division: http://www.smgov.net/uploadedFiles/Departments/Transportation/Transportation _Management/ParkingStandards.pdf 62. Where a driveway, garag e, parking space or loading zone intersects with the public right -of -way at the alley or sidewalk, hazardous visual obstruction triangles shall be provided in accordance with SMMC Section 9.04.10.02.090. Please reference the following standards: http://www.smgov.net/uploadedFiles/Departments/Transportation/Transportation _Management/HVO.pdf 63. Slopes of all driveways and ramps used for ingress or egress of parking facilities shall be designed in accordance with the standards established by the Strategic and Transportation Planning Manager but shall not exceed a twenty percent slope. Please reference the following standards: http://www.smgov.net/uploadedFiles/Departments/Transportation/Transportation _Management/RampSlope.pdf 16ENT -0065 City Council Statement of Official Action 24 PUBLIC LANDSCAPE 64. Street trees shall be maintained, reloc ated or provided as required in a manner consistent with the City’s Urban Forest Master Plan, per the specifications of the Public Landscape Division of the Community & Cultural Services Department and the City’s Tree Code (SMMC Chapter 7.40). No street tr ees shall be removed without the approval of the Public Landscape Division. 65. Prior to the issuance of a demolition permit all street trees that are adjacent to or will be impacted by the demolition or construction access shall have tree protection zones es tablished in accordance with the Urban Forest Master Plan. All tree protection zones shall remain in place until demolition and/or construction has been completed. 66. Replace or plant new street trees in accordance with Urban Forest Master Plan and in consu ltation with City Arborist. OFFICE OF SUSTAINABILITY AND THE ENVIRONMENT 67. Developer is hereby informed of the availability for free enrollment in the Savings By Design incentive program where available through Southern California Edison. If Developer ele cts to enroll in the program, enrollment shall occur prior to submittal of plans for Landmarks Commission review and an incentive agreement shall be executed with Southern California Edison prior to issuance of a building permit. 68. The project shall comply with requirements in section 8.106 of the Santa Monica Municipal code, which adopts by reference the California Green Building Standards Code and which adds local amendments to that Code. In addition, unless expressly exempt, the project shall meet the lan dscape water conservation and construction and demolition waste diversion requirements specified in Section 8.108 of the Santa Monica Municipal Code. RENT CONTROL 69. Pursuant to SMMC Section 4.24.030, prior to receipt of the final permit necessary to demolish, convert, or otherwise remove a controlled rental unit(s) from the housing market, the owner of the property shall first secure a removal permit under Section 1803(t), an exemption determination, an approval of a vested rights claim from the Rent Control Board, or have withdrawn the controlled rental unit(s) pursuant to the provisions of the Ellis Act. PUBLIC WORKS DEPARTMENT (PW) General Conditions 16ENT -0065 City Council Statement of Official Action 25 70. Developer shall be responsible for the payment of the following Public Works Department (PWD) per mit fees prior to issuance of a building permit: a. Water Services b. Wastewater Capital Facility c. Water Demand Mitigation d. Fire Service Connection e. Tieback Encroachment f. Encroachment of on -site improvements into public right -of -way g. Construction and Demolition Wast e Management – If the valuation of a project is at least $50,000 or if the total square feet of the project is equal to or greater than 1000 square feet, then the owner or contractor is required to complete and submit a Waste Management Plan. All demoliti on projects are required to submit a Waste Management Plan. A performance deposit is collected for all Waste Management Plans equal to 3% of the project value, not to exceed $30,000. All demolition only permits require a $1,000 deposit or $1.00 per squar e foot, whichever is the greater of the two. Some of these fees shall be reimbursed to developer in accordance with the City’s standard practice should Developer not proceed with development of the Project. In order to receive a refund of the Construction and Demolition performance deposit, the owner or contractor must provide receipts of recycling 70% of all materials listed on the Waste Management Plan. 71. Any construction related work or use of the public right -of -way will be required to obtain the approv al of the City of Santa Monica, including but not limited to: Use of Public Property Permits, Sewer Permits, Excavation Permits, Alley Closure Permits, Street Closure Permits, and Temporary Traffic Control Plans. 72. Plans and specifications for all offsite improvements shall be prepared by a Registered Civil Engineer licensed in the State of California for approval by the City Engineer prior to issuance of a building permit. 73. Until completion of construction, a sign shall be posted on the property in a manne r consistent with the public hearing sign requirements, which shall identify the address and phone number of the owner, developer and contractor for the purposes of responding to questions and complaints during the construction period. Said sign shall als o indicate the hours of permissible construction work. 74. Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Building & Safety Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the 16ENT -0065 City Council Statement of Official Action 26 asbestos survey shall be performed by a state C ertified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light), polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries. Water Resources 75. Connections to the sewer or storm drains require a sewer permit from the PWD - Civil Engineering Division. Connections to storm drains owned by Los Angeles County require a permit from the L.A. County Department of Public Works. 76. Parking areas and structures and other facilities generating wastewater with potential oil and grease content are required to pretreat the wastewater before discharging to the City storm drain or sewer system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. 77. If the project involves dewatering, developer/contractor shall co ntact the LA Regional Water Quality Control Board (RWQCB) to obtain an NPDES Permit for discharge of groundwater from construction dewatering to surface water. For more information refer to: http://www.waterboards.ca.gov/losangeles/ and search for Order # R4 -2003 -0111. 78. Developer shall not directly connect to a public storm drain pipe or direct site drainage to the public alley. Commercial or residential units are required to either have an individ ual water meter or a master meter with sub -meters. 79. All existing sanitary sewer “house connections” to be abandoned, shall be removed and capped at the “Y” connections. 80. The fire services and domestic services 3 -inches or greater must be above ground, on the applicant’s site, readily accessible for testing. 81. Developer is required to meet state cross -connection and potable water sanitation guidelines. Refer to requirements and comply with the cross connections guidelines available at: http://www.lapublichealth.org/eh/progs/envirp/ehcross.htm . Prior to issuance of a Certificate of Occupancy, a cross -connection inspection shall be completed. 82. All new restaurants and cooking facilities at the site are required to install Gravity Grease Interceptors to pretreat wastewater containing grease. The minimum capacity of the interceptor shall be determined by using table 10 -3 of the 2007 Uniform Plumbing Code, Section 1014.3. All units shall be fit ted with a standard final -stage sample box. The 2007 Uniform Plumbing Code guideline in sizing Gravity Grease Interceptors is intended as a minimum requirement and may be increased at the discretion of PWD, Water Resources Protection Program. 16ENT -0065 City Council Statement of Official Action 27 83. Ultra -low flo w plumbing fixtures are required on all new development and remodeling where plumbing is to be added, including dual flush toilets, 1.0 gallon urinals and low flow shower heads. Urban Water Runoff Mitigation 84. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan shall be required by the PWD pursuant to Municipal Code Chapter 7.10. Prior to submittal of landscape plans for Landmarks Commission approval, the applicant shall contact PWD to determine applicable requir ements, such as: a. The site must comply with SMMC Chapter 7.10 Urban Runoff Pollution Ordinance for the construction phase and post construction activities; b. Non -storm water runoff, sediment and construction waste from the construction site and parking area s is prohibited from leaving the site; c. Any sediments or materials which are tracked off -site must be removed the same day they are tracked off -site; d. Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments are not tracked into the street or adjoining properties; e. No runoff from the construction site shall be allowed to leave the site; and f. Drainage control measures shall be required depending on the extent of grading and topography of the site. g. Deve lopment sites that result in land disturbance of one acre or more are required by the State Water Resources Control Board (SWRCB) to submit a Storm Water Pollution Prevention Plan (SWPPP). Effective September 2, 2011, only individuals who have been certifi ed by the Board as a “Qualified SWPPP Developer” are qualified to develop and/or revise SWPPPs. A copy of the SWPPP shall also be submitted to the PWD. 85. Prior to implementing any temporary construction dewatering or permanent groundwater seepage pumping, a permit is required from the City Water Resources Protection Program (WRPP). Please contact the WRPP for permit requirements at least two weeks in advance of planned dewatering or seepage pumping. They can be reached at (310) 458 -8235. Public Streets & R ights -of -Way 86. Prior to the issuance of a Certificate of Occupancy for the Project, all required offsite improvements, such as AC pavement rehabilitation, replacement of sidewalk, curbs and gutters, installation of street trees, lighting, etc. shall be desi gned and installed to the satisfaction of the Public Works Department and Public Landscape Division. 16ENT -0065 City Council Statement of Official Action 28 87. All off -site improvements required by the Public Works Department shall be installed. Plans and specifications for off -site improvements shall be prepared by a registered civil engineer and approved by the City Engineer. 88. Unless otherwise approved by the PWD, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 89. Sidewalks, curbs, gutters, paving and driveway s which need replacing or removal as a result of the project or needed improvement prior to the project, as determined by the PWD shall be reconstructed to the satisfaction of the PWD. Design, materials and workmanship shall match the adjacent elements in cluding architectural concrete, pavers, tree wells, art elements, special landscaping, etc. 90. Street and alley sections adjacent to the development shall be replaced as determined by the PWD. This typically requires full reconstruction of the street or alle y in accordance with City of Santa Monica standards for the full adjacent length of the property. Utilities 91. No Excavation Permit shall be issued without a Telecommunications Investigation by the City of Santa Monica Information Systems Department. The telecommunications investigation shall provide a list of recommendations to be incorporated into the project design including, but not limited to measures associated with joint trench opportunities, location of tie -back and other underground installations, telecommunications conduit size and specifications, fiber optic cable specifications, telecommunications vault size and placement and specifications, interior riser conduit and fiber optic cable, and adjacent public right of way enhancements. Developer s hall install two Telecommunications Vaults in either the street, alley and/or sidewalk locations dedicated solely for City of Santa Monica use. Developer shall provide two unique, telecommunication conduit routes and fiber optic cables from building Telec ommunications Room to Telecommunications Vaults in street, alley and/or sidewalk. Developer will be responsible for paying for the connection of each Telecommunications Vault to the existing City of Santa Monica fiber optic network, or the extension of co nduit and fiber optic cable for a maximum of 1km terminating in a new Telecommunications Vault for future interconnection with City network. The final telecommunications design plans for the project site shall be submitted to and approved by the City of S anta Monica Information Systems Department prior to approval of project. a. Project shall comply with City of Santa Monica Telecommunications Guidelines b. Project shall comply with City of Santa Monica Right -of -Way Management Ordinance No. 2129CCS, Section 3 (part), adopted 7/13/04 16ENT -0065 City Council Statement of Official Action 29 92. Prior to the issuance of a Certificate of Occupancy for the Project, provide new street -pedestrian lighting with a multiple circuit system along the new street right - of -way and within the development site in compliance with the PWD S tandards and requirements. New street -pedestrian light poles, fixtures and appurtenances to meet City standards and requirements. 93. Prior to submittal of plan check application, make arrangements with all affected utility companies and indicate points of co nnection for all services on the site plan drawing. Pay for undergrounding of all overhead utilities within and along the development frontages. Existing and proposed overhead utilities need to be relocated underground. 94. Location of Southern California Edi son electrical transformer and switch equipment/structures must be clearly shown on the development site plan and other appropriate plans within the project limits. The SCE structures serving the proposed development shall not be located in the public righ t -of -way. Resource Recovery and Recycling 95. Development plans must show the refuse and recycling (RR) area dimensions to demonstrate adequate and easily accessible area. If the RR area is completely enclosed, then lighting, ventilation and floor drain connec ted to sewer will be required. Section 9.04.10.02.151 of the 1988 Zoning Ordinance has dimensional requirements for various sizes and types of projects. Developments that place the RR area in subterranean garages must also provide a bin staging area on th eir property for the bins to be placed for collection. 96. Contact Resource Recovery and Recycling RRR division to obtain dimensions of the refuse recycling enclosure. 97. Prior to issuance of a building permit, submit a Waste Management Plan, a map of the enclosu re and staging area with dimensions and a recycling plan to the RRR Division for its approval. The State of California AB 341 requires any multi -family building housing 5 units or more to have a recycling program in place for its tenants. All commercial businesses generating 4 cubic yards of trash per week must also have a recycling program in place for its employees and clients/customers. Show compliance with these requirements on the building plans. Visit the Resource Recovery and Recycling (RRR) webs ite or contact the RRR Division for requirements of the Waste Management Plan and to obtain the minimum dimensions of the refuse recycling enclosure. The recycling plan shall include: a. List of materials such as white paper, computer paper, metal cans, and glass to be recycled; b. Location of recycling bins; c. Designated recycling coordinator; 16ENT -0065 City Council Statement of Official Action 30 d. Nature and extent of internal and external pick -up service; e. Pick -up schedule; and f. Plan to inform tenants/ occupants of service. 98. For temporary excavation and shoring that includes tiebacks into the public right - of -way, a Tieback Agreement, prepared by the City Attorney, will be required. 99. Nothing contained in these Conditions of Approval shall prevent Developer from seeking relief pursuant to any Application for Alternative Materials and Methods of Design and Construction or any other relief as otherwise may be permitted and available under the Building Code, State Historic Building Code, Fire Code, or any other provision of the SMMC. Construction Period Mitigation 100. A const ruction period mitigation plan shall be prepared by the applicant for approval by the following City departments prior to issuance of a building permit. Public Works, Fire, Planning and Community Development, and Police. The approved mitigation plan shal l be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall: a. Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; b. Describe how demolition of any existing structures is to be accomplished; c. Indicate where any cranes are to be located for erection/construction; d. Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; e. Set forth the extent and nature of any pile -driving operations; f. Describe the length and number of any tiebacks which must extend under the property of other persons; g. Specify the nature and extent of any dewate ring and its effect on any adjacent buildings; h. Describe anticipated construction -related truck routes, number of truck trips, hours of hauling and parking location; i. Specify the nature and extent of any helicopter hauling; j. State whether any construction activity beyond normally permitted hours is proposed; k. Describe any proposed construction noise mitigation measures, including measures to limit the duration of idling construction trucks; l. Describe construction -period security measures including any fencing, lighting, and security personnel; m. Provide a grading and drainage plan; n. Provide a construction -period parking plan which shall minimize use of public streets for parking; o. List a designated on -site construction manager; 16ENT -0065 City Council Statement of Official Action 31 p. Provide a construction materi als recycling plan which seeks to maximize the reuse/recycling of construction waste; q. Provide a plan regarding use of recycled and low -environmental -impact materials in building construction; and r. Provide a construction period water runoff control plan. VO TE : 16ENT -0065 Ayes: Nays: Abstain: Absent: 16ENT -0065 City Council Statement of Official Action 32 NOTICE 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. _____________________________ _____________________________ Tony Vazquez , Mayor 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 Title Date Applicant’s Signature 1 Anne Samartha From:Council Mailbox Sent:Thursday, August 04, 2016 2:47 PM To:councilmtgitems Subject:FW: August 9, 2016 hearing Item 6-A Attachments:Skydance letter August 3 2016.pdf Follow Up Flag:Follow up Flag Status:Flagged     From: Steve  Kofsky  [mailto:Steve@rcprods.com]   Sent: Thursday, August  04, 2016  12:26  PM   To: Tony  Vazquez  <Tony.Vazquez@SMGOV.NET>; Kevin  McKeown  Fwd  <kevin@mckeown.net>; Gleam  Davis   <Gleam.Davis@SMGOV.NET>; Sue  Himmelrich  <Sue.Himmelrich@SMGOV.NET>; Pam  OConnor   <Pam.OConnor@SMGOV.NET>; Terry  O’Day  <Terry.Oday@smgov.net>; Ted  Winterer  <Ted.Winterer@SMGOV.NET>  Cc: Santa  Monica  City  Manager's  Office  <manager.mailbox@SMGOV.NET>; Council  Mailbox   <Council.Mailbox@SMGOV.NET>  Subject: August  9, 2016  hearing   Item  6 ‐A   Dear All,    Please see the attached letter regarding the appeal of the Skydance Media project approval. Thank you for your consideration.    Sincerely,  Steven Kofsky     Add to 08-09-2016 Add to 08-09-2016 1 Anne Samartha From:Council Mailbox Sent:Monday, August 08, 2016 8:09 AM To:councilmtgitems Subject:FW: Item 6-A, August 9, 2016, Skydance Media appeal Follow Up Flag:Follow up Flag Status:Flagged     From: Heather  Somaini  [mailto:hsomaini@lionsgate.com]   Sent: Friday, August  05, 2016  5:18  PM   To: Tony  Vazquez  <Tony.Vazquez@SMGOV.NET>; Kevin  McKeown  Fwd  <kevin@mckeown.net>; Gleam  Davis   <Gleam.Davis@SMGOV.NET>; Sue  Himmelrich  <Sue.Himmelrich@SMGOV.NET>; Pam  OConnor   <Pam.OConnor@SMGOV.NET>; Terry  O’Day  <Terry.Oday@smgov.net>; Ted  Winterer  <Ted.Winterer@SMGOV.NET>  Cc: Santa  Monica  City  Manager's  Office  <manager.mailbox@SMGOV.NET>; Council  Mailbox   <Council.Mailbox@SMGOV.NET>  Subject: Item  6 ‐A, August  9, 2016, Skydance  Media  appeal     Dear  Mayo r  Vazquez  and  Honorable  Councilmembers,    My  name  is  Heather  Somaini. I  am  Chief  of  Staff  at  Lionsgate, which  is  located  on  Colorado  Avenue  in  the  Mid ‐City  area   of  Santa  Monica.     I  am  writing  in  support  of  Skydance  Media’s  application  for  a  Development  Review  Permit  and  Variance  to  allow  the   construction  of  a  three  story  addition  to  the  landmarked  US  Post  Office  building, essential  elements  of  an  adaptive  reuse   project  that  will  enable  Skydance  to  realize  its  vision  of  transforming  a  beloved  Landmark  building  to  creative  office   space.    I  understand  that  the  Planning  Commission’s  approval  was  appealed, and  would  like  to  add  Lionsgate’s  name  to  the  list   of  local  supporters  of  the  project.     First, I  will  disclose  that  Lionsgate  and  Skydance  have  formed  a  global  television  distribution  pact  to  launch  Skydance   International, which  will  include  Skydance’ s  popular  series  “Grace  and  Frankie” and  “Manhattan.” We  feel  very   fortunate  to  have  forged  this  relationship  with  a  company  as  innovative  and  honorable  as  Skydance.    This  letter, however, is  focused  on  Skydance’ s  desire  to  become  a  contributing  and  important  member  of  Santa   Monica’s  Downtown  creative  community.     Over  the  past  two  decades, the  Mid  City  neighborhood  has  been  transformed  by  the  migration  of  well ‐known   entertainment  and  technology  brands  – like  Lionsgate  – to  the  area. Startups  and  independent  post ‐production  and  tech   companies  have  established  themselves  in  the  area, helping  create  synergies  that  did  not  previously  exist.     The  same  revolution  is  now  taking  place  in  downtown  Santa  Monica. Skydance’ s  investment  in  the  iconic  Post  Office   building  and  its  plan  to  add  additional  creative  office  space  presents  an  opportunity  to  bring  an  important   entertainment/technology  firm  into  the  heart  of  the  city, one  that  will  provide  good ‐paying  jobs  and  tax  revenues, as   well  as  celebrate  Santa  Monica’s  amazing  history.     Add to 6-A 08/09/2016 2 I  hope  the  City  will  embrace  that  opportunity. I  respectfully  ask  you  to  deny  the  appeal  that  will  be  before  you  at  your   August  9  hearing.    Sincerely,  Heather  Somaini     cc: City  Manager  Rick  Cole       Heather Somaini Chief of Staff LIONSGATE www.lionsgate.com w:310.255.3815 f:310.255.3780 c:310.779.3338   Add to 6-A 08/09/2016 1 Anne Samartha From:Council Mailbox Sent:Monday, August 08, 2016 8:18 AM To:councilmtgitems Subject:FW: Agenda Item 6-A (1248 Fifth Street) Attachments:Letter to CC.pdf; Fence Building Permit.pdf ; LMC STOA (fence).pdf; MND Land Use Assessment.pdf; Business License Re newal 2016-2017.pdf; Chattel Report.pdf Follow Up Flag:Follow up Flag Status:Flagged     From: Kenneth  Kutcher  [mailto:kutcher@hlkklaw.com]   Sent: Friday, August  05, 2016  4:53  PM   To: Terry  O’Day  <Terry.Oday@smgov.net>; Pam  OConnor  <Pam.OConnor@SMGOV.NET>; Kevin  McKeown  Fwd   <kevin@mckeown.net>; Gleam  Davis  <Gleam.Davis@SMGOV.NET>; Ted  Winterer  <Ted.Winterer@SMGOV.NET>; Tony   Vazquez  <Tony.Vazquez@SMGOV.NET>; Sue  Himmelrich  <Sue.Himmelrich@SMGOV.NET>  Cc: Rick  Cole  <Rick.Cole@SMGOV.NET>; David  Martin  <David.Martin@SMGOV.NET>; Jing  Yeo  <Jing.Yeo@SMGOV.NET>;  Roxanne  Tanemori  <Roxanne.Tanemori@SMGOV.NET>; Scott  Albright  <Scott.Albright@SMGOV.NET>; Marsha  Moutrie   <Marsha.Moutrie@SMGOV.NET>; Heidi  von  Tong eln  <Heidi.vonTongeln@SMGOV.NET>; Council  Mailbox   <Council.Mailbox@SMGOV.NET>  Subject: Agenda  Item  6 ‐A  (1248  Fifth  Street)    Dear  Councilmembers,  Attached  is  a  letter  submitted  on  behalf  of  the  applicant  requesting  that  the  pending  appeal  be  denied.  Also  attached  are  various  background  documents  referenced  in  the  letter.  Printed  copies  of  this  letter  and  the  referenced  attachments  will  be  delivere d  to  City  Hall  on  Monday.  Thank  you.  Ken         Kenneth  L. Kutcher  | Attorney  at  Law   1250  Sixth  Street, Suite  200  | Santa  Monica, CA  90401   O: (310) 451 ‐3669  | F: (310) 392 ‐3537  | kutcher@hlkklaw.com                       Add to 6-A 08/09/2016 (310) 451-3669 August 5, 2016 VIA E-MAIL Santa Monica City Council 1685 Main Street Room 102 Santa Monica, CA 90401 Re: Agenda Item 6.A Appeal of Planning Commission's decision approving DRP and Parking Variance (15ENT0138) Address: 1248 Fifth Street Our client: 1248 5th Street, LLC Appellant: Jennifer Kennedy Our File No. 22200.001 Dear Councilmembers: I am writing in support of the Planning Commission’s 4-2 vote approving this modest 14,490 sf addition and the associated parking variance. I am also writing in support of the Staff Report recommending that the pending appeal be denied and the Planning Commission decision be upheld. Unfortunately, the appeal is holding up the proposed and adaptive reuse of this important historic building, which includes a $12.25 million investment for historical/ preservation related items. The project has been found to be consistent with The Secretary of the Interior’s Standards for the Treatment of Historic Properties. See Final MND (Mar. 2016) at p. 55 (“Based on the survey of the property, historic data, review of project work scopes, and involvement and oversight by a qualified historic preservation architect, implementation of all required mitigation measures associated with the project would result in compliance with the Secretary of Interior’s Standards for the Treatment of Historic Properties”). I wish to draw the City Council’s attention to the following excerpts from the Staff Report: “During [the Planning Commission’s March 16] deliberation, the majority of [Planning] Commissioners expressed strong support for the project, citing its potential as a representative example of adaptive reuse.” (Staff Report, p. 5.) kutcher@hlkklaw.com Add to 6-A 08/09/2016 Santa Monica City Council August 5, 2016 Page 2 “Staff believes that the applicant has designed a project that has an appropriate mass and scale that is respectful of its surroundings.” (Id. at p. 8.) “[I]n light of the Landmarks Commission’s approval of the Certificate of Appropriateness for the fence, and because the fence was not deemed to be within the purview of the Planning Commission scope of review of the DR permit, the approval of the fence is not subject to appeal before Council.” (Id. at p. 9.) “Staff believes that the project is consistent with the Secretary of the Interior’s Standards specific to ‘rehabilitation.’ ” (Id. at p. 10.) “Staff has worked extensively with the applicant to develop a TDM plan that is tailored to the project operations and will address any parking shortfall.” (Id. at p. 13.) “In contrast to the appellant’s statement, staff believes that the proposed project would be a successful example of adaptive reuse in the City’s Downtown and would further the goals, policies, and development parameters specified in the LUCE and Draft DCP.” (Id. at p. 14.) “The project is a cutting edge example of adaptive reuse.” (Id. at p. 14.) “The proposed Parking Variance is consistent with Historic Preservation Policies.” (Id. at p. 15.) “Since a new creative office use (movie/television production) is proposed in a building where an existing creative office use (clothing design) is already permitted, it was determined that no additional land use entitlement (i.e. CUP) is required.” (Id. at p. 17.) (A copy of the most recent Business License Renewal #210156 is enclosed.) “The appellant did not appeal the Planning Commission’s CEQA determination for the project and therefore, the MND is not part of the Council’s review.” (Id. at p. 18.) Add to 6-A 08/09/2016 Santa Monica City Council August 5, 2016 Page 3 This project merits the City Council’s enthusiastic support. The project is 32 feet in height, it contains only three above-grade stories, it involves rehabilitation of an important landmark building for its adaptive reuse, it reduces daily car trips by more than 2,200 trips to the site, it is urban infill, the site is well served by public transit, the project will not impact any residential neighborhoods, and there are no adverse environmental impacts. BACKGROUND This letter is submitted on behalf of our client, 1248 Fifth Street, LLC. Our client is the owner of the former US Post Office building at Fifth and Arizona. The property was purchased from the Federal Government in December 2013, subject to a Preservation Covenant. In March 2014, with the property owner’s consent, the Santa Monica Landmarks Commission designated the exterior of the building as a City Landmark and the property as a Landmark Parcel. The appeal challenges two permits that were approved by the Planning Commission, subject to 100 Conditions of Approval including 18 cultural resource mitigation measures. The challenged permits are: • A development review permit for the 14,490 sf addition, and • A parking variance for 23 parking spaces that cannot be accommodated on- site due to the retention of the landmark building. THE PLANNING COMMISSION APPROVAL SHOULD BE AFFIRMED AND THE APPEAL SHOULD BE DENIED A. The Development Review Permit For The Addition Was Properly Approved By The Planning Commission. The subject of the development review permit is the addition along the alley. The addition is purposefully located at the rear of the property, so as not to detract from the landmark building. The addition consists of only three floors (plus expansion of an existing basement) and is only 32 feet in height. The location, size and scale of the addition has the unanimous support of the Landmarks Commission and is widely supported by the preservation community. Preservation architect Robert Chattel has also confirmed that the addition is in the proper location and of the proper scale. (See enclosed report.) Add to 6-A 08/09/2016 Santa Monica City Council August 5, 2016 Page 4 The addition is consistent with the applicable height and density standards from the 1984 LUCE: Maximum allowable height: 84 feet Maximum allowable floors: six floors Maximum allowable FAR: 3.5 FAR The project is 32 feet, three floors and 0.88 FAR. The key DRP finding is therefore satisfied because Section 9.04.20.14.040(a) of the 1988 Zoning Ordinance provides: “The size of the project shall be deemed compatible with and relate harmoniously to surrounding sites and neighborhoods provided the project is consistent with the height and density standards set forth in the Land Use Element of the General Plan.” (Emphasis added.) Because the addition is consistent with the height and density of the 1984 LUCE, and because the addition is properly located at the rear of the landmark building so as not to detract from the historic character of the property, the Planning Commission properly approved the DRP, and the City Council should affirm that approval and deny the appeal. Such an outcome is consistent with the Staff Report and draft STOA. B. The Parking Variance Was Properly Approved By The Planning Commission, Subject to A Robust TDM Plan. The Planning Commission’s approval of a parking variance associated with the addition should also be affirmed by the City Council at the appeal hearing. Because this property is located in the Downtown, it is not subject to the 2015 Zoning Ordinance; rather, it is governed by the 1988 Zoning Ordinance. The 1988 Zoning Ordinance provides that additions to commercial buildings must provide code parking for the addition (1988 Zoning Ordinance § 9.04.10.08.030(e)(1)) or seek a parking variance. A parking variance can be granted for the quantity of parking otherwise required. (1988 Zoning Ordinance § 9.04.20.10.030(b).) Moreover, the granting of such a parking variance is encouraged by the Landmarks Ordinance as a “preservation incentive.” (Landmarks Ordinance § 9.36.270(d).) Parking variances for historic properties are also encouraged by the 2010 LUCE. (LUCE Policy HP1.5.) Add to 6-A 08/09/2016 Santa Monica City Council August 5, 2016 Page 5 In this instance none of the existing parking spaces is required parking. After the addition is built, 25 parking spaces (plus two loading spaces and 24 outdoor short-term bike parking spaces and indoor storage for at least 12 long-term bike parking spaces) will be achieved on site. An on-site valet will assist with stacked parking to increase the on-site parking supply (STOA Condition #59), as well as bike valet parking. (STOA Condition #58H.) For the 14,490 sf addition, a total of 48 parking spaces would be required under the 1988 Zoning Ordinance. (Note: Under the Draft DCP only 29 parking spaces would be required.) An application for a parking variance for 23 spaces was filed because only 25 spaces can be accommodated onsite due to the existence of the landmark building and its siting on the property. To make up for the shortfall, the applicant has agreed to lease 23 off-site spaces in one or more locations to augment its parking supply prior to issuance of a certificate of occupancy for the addition. Furthermore, as part of the Planning Commission approval, the applicant has agreed to obtain deed-restrictions ensuring that those 23 off-site spaces are reserved for the exclusive use of the building during the term of the lease. There is an annual reporting requirement to confirm that this requirement is satisfied. (STOA Condition #60.) By agreeing to secure 23 off-site deed-restricted parking spaces for the exclusive use of the building, the applicant has essentially negated the need for the parking variance (see 1988 Zoning Ordinance § 9.04.10.08.190(a)), although these off-site spaces will not necessarily be located within the radius that could be used without the need for a parking variance. Regardless, the parking variance should be approved, given the following: • the size and location of the existing landmark building within the landmark parcel leaves no opportunity for providing additional on-site parking, • the property’s location in the Downtown is well served by public transit, including the new Expo Light Rail station, • a robust TDM plan has been developed with City Staff (STOA Condition #58), including a generous $230/month cash out program, • responsible urban planning policies discourage single-occupancy vehicles, • ample opportunities exist for biking and walking, including the Breeze bike share and six company bikes, Add to 6-A 08/09/2016 Santa Monica City Council August 5, 2016 Page 6 • the advent and popularity of Uber and Lyft, • reduced car ownership by millennials, and • increasing capability and opportunities to telecommute and work off-site. C. Contrary To The Appeal, This Project Is Consistent With The LUCE As Well As The Preservation Element. This important preservation project is consistent with the LUCE, especially its historic preservation policies. The Mitigated Negative Declaration (which was not appealed and is a final decision) confirms the project’s consistency with the City’s land use policies. (Final Initial Study/Mitigated Negative Declaration (Mar. 2016), pp. 82-88 (copies enclosed).) And as noted above, the project is consistent with the development standards contained in the 1984 LUCE. Following are key 2010 LUCE and Historic Preservation Element objectives, goals and policies providing abundant support for approval of this project: The Downtown • Santa Monica’s Downtown Core designation maintains and enhances the Downtown area as the heart of the City and as a thriving, mixed-use urban environment in which people can live, work, be entertained and be culturally enriched. The Downtown has the greatest concentration of activity in the City.” (LUCE, p. 2.1 – 51) • The Downtown Core designation allows for the broadest mix of uses and highest intensity development. The area is the City’s major regional retail and employment district. (Id .) • LUCE GOAL D7: Create a balanced mix of uses in the Downtown that reinforces its role as the greatest concentration of activity in the City. o POLICY D7.1 Encourage a broad mix of uses that creates dynamic activity in both the daytime and evening hours including retail, hotels, office, high-density residential, entertainment and cultural uses in the Downtown. Add to 6-A 08/09/2016 Santa Monica City Council August 5, 2016 Page 7 o POLICY D7.5 Explore options for the adaptive reuse or retention of historic resources. Require new buildings constructed in proximity to existing historic resources to respect the context and character-defining features of the historic resource. o POLICY D7.6 Utilize the Secretary of the Interior’s Standards to preserve identified character-defining features of historic resources. Historic Preservation • LUCE GOAL HP1: Preserve and protect historic resources in Santa Monica through the land use decision-making process. o HP1.5 Support rehabilitation and restoration of historic resources through flexible zoning policies and modifications to development standards, as appropriate, subject to discretionary review, required findings, and neighborhood compatibility such as: the in-kind replacement of nonconforming features, reduced parking requirements, building height, parcel coverage, and building envelope requirements. • LUCE GOAL LU12: Encourage Historic Preservation Citywide – Preserve buildings and features which characterize and represent the City’s rich heritage. o LU12.3 Rehabilitation of Historic Resources. Promote adaptive reuse of historic structures and sensitive alterations where changes are proposed. New construction or additions to historic structures shall be respectful of the existing historic resource. o LU12.4 Sustainability. Recognize adaptive reuse as a sustainable policy, and encourage sustainable technologies, such as solar panel installation and energy retrofitting, that respect character-defining features. • Preservation Element GOAL 1: Develop and implement a comprehensive, citywide, historic preservation program. o OBJECTIVE 1.11: Promote historic preservation as sustainable development and promote sustainable reuse of historic properties. POLICY 1.11.4: Encourage the use of sustainable energy systems in historic buildings. Add to 6-A 08/09/2016 Santa Monica City Council August 5, 2016 Page 8 POLICY 1.11.5: Encourage repair not replacement of historic materials in accordance with the Secretary of the Interior’s Standards for Rehabilitation. • Preservation Element GOAL 3: Increase public awareness of the history of Santa Monica and historic preservation in the City. o OBJECTIVE 3.5: Promote the City's historic and cultural resources through a variety of programs and activities related to all cultural and ethnic groups in Santa Monica. POLICY 3.5.4: Establish a program of walking tours. o OBJECTIVE 3.8: Encourage the installation of plaques and/or public art related to historic buildings and sites in the City. POLICY 3.8.2: Implement a program to increase the number of signs or markers at historic places in the City. • Preservation Element GOAL 4: Protect historic and cultural resources from demolition and inappropriate alterations. o OBJECTIVE 4.1: Discourage the demolition or inappropriate alteration of historic buildings. POLICY 4.1.3: Allow for appropriate additions to and adaptive reuse of historic resources. • Preservation Element GOAL 6: Integrate historic preservation into the community and economic development strategies. o OBJECTIVE 6.1: Use historic preservation as a basis for neighborhood improvements and community development. POLICY 6.1.5: Explore the possibility of linking historic preservation efforts to neighborhood-based and youth development activities. o OBJECTIVE 6.3: Promote historic places. POLICY 6.3.3: Publish heritage tourism materials. Add to 6-A 08/09/2016 Santa Monica City Council August 5, 2016 Page 9 POLICY 6.3.4: Highlight preservation success stories in print materials and on the website. Sustainability • “Sustainable Benefits from Historic Preservation. The benefits of historic preservation are widely accepted in terms of aesthetic, cultural and social results, but the inherent sustainability aspects of this conservation approach have often not been fully appreciated. Today, however, it is widely recognized that the most sustainable building is the one already built and that the adaptive reuse or rehabilitation of existing buildings and the preservation of historic structures reduces consumption of raw materials, material production and the resulting carbon impact. The LUCE embraces historic preservation not only for its important role in preserving the character-defining features which make Santa Monica unique, but also for the critical contribution it makes in helping the community achieve its sustainability goals.” (LUCE, p. 2.3 – 4) • LUCE GOAL HP3: Integrate historic preservation practices into sustainable development decisions. o HP3.1 Develop incentives to encourage preservation and adaptive reuse of historic buildings as a means of reducing the use of raw materials and realizing sustainable development goals. o HP3.2 Ensure that the promotion of sustainability technologies, such as solar panel installations and sustainable retrofitting are incorporated in such a way as to not adversely impact historic resources. Economic Benefits • “The City of Santa Monica recognizes that its residents’ sense of well-being stems in large part from the quality of the municipal services the City provides. The City also recognizes that this high quality of services is dependent upon a healthy and diverse economy. Commercial and industrial uses are important components of the City’s economic diversity and rich heritage in that they provide a source of local jobs and generate a significant portion of the City’s municipal revenues.” (LUCE, p. 3.4 – 1) • “Principles for a Sustainable Local Economy. Accordingly, this chapter lays out the goals, policies and actions that the City will undertake to maintain its economic base of businesses that generate employment and promote the overall Add to 6-A 08/09/2016 Santa Monica City Council August 5, 2016 Page 10 economic health and vitality of the community, yet also reflect the need for greater ecological awareness and the importance of reducing their impact on the environment. Given the above concerns, the goals, policies and actions of the LUCE are designed in concert with the principles for a sustainable economy identified in the City’s forthcoming Strategy for a Sustainable Local Economy, particularly: o “Encouraging sectors that generate high revenues relative to their impact on land, including information, professional, scientific and technical services … entertainment and recreation” (LUCE, p. 3.4 – 3) • “There are a number of reasons for encouraging the growth of Creative Industries in Santa Monica. First, it would be consistent with the City’s broader goals and commitment to support the creative arts and related activities within the community. Second, given the large number of residents currently employed in the creative fields or interested in such activities, this type of employment can be viewed as local-serving in character. Finally, traffic studies indicate that many of these businesses such as Post-Production companies have commuting patterns which cause substantially less stress on peak period traffic conditions than other more conventional businesses.” (LUCE, p. 3.4 – 12, 13) • LUCE GOAL E3: Facilitate the growth of creative-related business uses in the City. o POLICY E3.1 Support creative industries such as film and music production and post-production facilities in the major business districts including the Industrial Conservation and Mixed-Use Creative Districts. The Creative Industry • “[R]elative to the rest of the country, Creative Arts employment is roughly seven times as prevalent in Santa Monica.” (LUCE, p. 3.4 – 12) • “There are a number of reasons for encouraging the growth of Creative Industries in Santa Monica. First, it would be consistent with the City’s broader goals and commitment to support the creative arts and related activities within the community. Second, given the large number of residents currently employed in the creative fields or interested in such activities, this type of employment can be viewed as local-serving in character. Finally, traffic studies indicate that many of these businesses such as Post-Production companies have commuting Add to 6-A 08/09/2016 Santa Monica City Council August 5, 2016 Page 11 patterns which cause substantially less stress on peak period traffic conditions than other more conventional businesses.” (LUCE, p. 3.4 – 12, 13) • As of the most recent count, in 2006, Creative Arts employment as a percentage of Total Employment in the City of Santa Monica was 15.3%, significantly higher than the percentage of Creative Arts employment as a percentage of Total Employment for the United States as a whole, 2.2%. (LUCE, A – 14) • As of the most recent count, in 2006, the Film, Radio and Television sectors of Santa Monica’s creative industries accounted for 44.3% of total creative industry employment in the city, by far the highest percentage of total creative industry employment in the city. (LUCE, A – 14) D. The Fence Is Not Within The Purview Of The Appeal. Regardless of how the fence is viewed, it is not a part of the City Council’s jurisdiction when ruling on this appeal. The fence is not and never was part of the development review application. (15ENT-0138.) The fence is being constructed on a landmark parcel. (14LM-002.) Pursuant to Landmarks Ordinance Section 9.36.270(a)(2), “All additions to, modifications of, alterations of, or new construction on a landmark parcel” are reviewed by the Landmarks Commission via a certificate of appropriateness process rather than by the Architectural Review Board. On August 20, 2015, our client duly filed a Certificate of Appropriateness application for the fence. (15ENT-0291.) The application was considered by the Landmarks Commission on September 17 and was continued for redesign. On October 29, 2015, our client filed revised plans for the fence. On December 14, 2015, the Landmarks Commission unanimously approved the revised fence. (A copy of the STOA is enclosed.) Furthermore, Finding #1 provides in pertinent part: “[T]he installation of a five foot high maximum security fence will not detrimentally change, destroy or adversely affect any exterior feature of the landmark Post Office building.” Add to 6-A 08/09/2016 Santa Monica City Council August 5, 2016 Page 12 Similarly, preservation architect Robert Chattel’s report dated December 2015 found: “The fence, as proposed, sensitively encloses the space while retaining visibility of the site and its character-defining features. The enlarged commemorative corner better relates with the sidewalk and will engage passing pedestrians. The reduced fence height, widely spaced pickets, and the removal of contemporary concrete planters and monument sign ensure and enhance visibility of the site.” Pursuant to Landmarks Ordinance Section 9.36.180(b): “Any person may appeal a determination or decision of the [Landmarks] Commission by filing a notice of appeal with the City Planning Division on a form furnished by the Planning Division. Such notice of appeal shall be filed within ten consecutive days commencing from the date that such determination or decision is made by the Commission . . . The notice of appeal shall be accompanied by a fee required by law. Notwithstanding any of the foregoing, any member of the [Landmarks] Commission or City Council may request a review by the [Landmarks] Commission or City Council of any determination or decision of the [Landmarks] Commission without the accompaniment of such fee in the amount required by law.” In this instance, no appeal was filed. Accordingly, the decision of the Landmarks Commission approving Certificate of Appropriateness #15ENT-0291 is a final and binding decision. That decision cannot be collaterally attacked in the context of this separate proceeding concerning the DRP for the building addition. See Citizens for Responsible Development v. City of West Hollywood , 39 Cal. App. 4 th 490, 505, 45 Cal. Rtpr. 2d 917 (1995) (where, in the context of a neighborhood challenge to an affordable housing project involving the rehabilitation and restoration of two designated landmark buildings, the Court held, “The decision [to designate the historic structures] was never challenged and is, therefore, final. California courts have consistently held that an administrative decision which has not been overturned through administrative mandamus is absolutely immune from collateral attack. [Citations omitted]”). Furthermore, on May 10, 2016, the City issued Building Permit #16BLD-0333 for the fence. A copy of that building permit is enclosed. Construction of the fence began on August 2, 2016. Add to 6-A 08/09/2016 Santa Monica City Council August 5, 2016 Page 13 The owner has therefore secured a vested right to construct the fence. (See Avco Community Developers, Inc. v. South Coast Reg’l Comm’n, 17 Cal. 3d 685 (1976). It would be unlawful for the City to interfere with that right in the context of ruling on this appeal. CONCLUSION Based on the foregoing, we urge the City Council to deny the appeal and uphold the Planning Commission approval based on the findings and subject to the conditions of approval set forth in the draft Statement of Official Action as prepared by City Staff. Very truly yours, Kenneth L. Kutcher Enclosures cc: Rick Cole (w/ encls.) David Martin (w/ encls.) Jing Yeo (w/ encls.) Roxanne Tanemori (w/ encls.) Scott Albright (w/ encls.) Marsha Jones Moutrie (w/ encls.) Heidi von Tongeln (w/ encls.) Antony Biddle (w/ encls.) Nancy Reid (w/ encls.) Robert Chattel (w/ encls.) Sejal Sonani (w/ encls.) Andy Waisler (w/ encls.) 22200\Cor\CC.1003.KLK.docx A t tachments: Final MND excerpts relating to Land Use Impact Assessment Chattel Report dated March 11, 2016 relating to building addition and rehabilitation Landmarks Commission STOA approving fence Building Permit for fence Business License Certificate of renewal (2016-17) Add to 6-A 08/09/2016 Santa Monica Post Office Productions Final Initial Study/Mitigated Negative Declaration March 2016 Prepared for: City of Santa Monica Planning and Community Development Department 1685 Main Street Santa Monica, CA 90401 Prepared by: Amec Foster Wheeler Environment & Infrastructure, Inc. 104 West Anapamu Street, Suite 204A Santa Barbara, CA 93101 Add to 6-A 08/09/2016 F INAL I NITIAL S TUDY /M ITIGATED N EGATIVE D ECLARATION (IS/MND) Santa Monica Post Office Productions 82 March 2016 XII. Land Use and Planning Potentially Significant Impact Less Than Significant (LTS) or LTS with Mitigation No Impact Within the Scope of Analysis in the Plan Level EIR Substantially Mitigated by Uniform Applicable Development Policies XI. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Existing Setting The City of Santa Monica is located on the western edge of Los Angeles County. The City is directly accessible via I-10 freeway and I-405, as well as Pacific Coast Highway (PCH)/Palisades Beach Road links the City of Santa Monica to Malibu. The City of Santa Monica occupies approximately 8.25 square miles, and is mostly all developed with residential, commercial, light industrial, and institutional uses. The Downtown Core, as designated by the LUCE, is comprised of a diverse mix of dense uses including retail, restaurants, office, hotel, entertainment, and residential uses. Over the past decades, a number of mixed use projects have been de veloped throughout the Downtown District, particularly along 5 th , 6 th , and 7 th Streets. The land uses surrounding the project site include a variety of commercial buildings, a church, and mixed use and residential buildings. The project site is approximately 37,388 sf in size; currently only 33,968 sf of the site is developed with the former Post Office building . The building is setback from the property line along 5 th Street, Arizona Avenue, and 4 th Court, and surface parking space on the north and south of the building. The sidewalk along 5 th Street, fronting the site, is lined with mature Indian laurel fig trees. Access to the surface parking lot is provide via 4 th Court, and pedestrian access to the existing building is provide through entrances along the 5 th Street frontage. Discussion a) No Impact. The project site is located in the urbanized Downtown District of the City and it is zoned Downtown Core under the LU CE. The proposed project would adaptively reuse the former Post Office building for creative office. Additionally, since all proposed construction work would be contained onsite, the project would not disrupt surrounding Add to 6-A 08/09/2016 F INAL I NITIAL S TUDY /M ITIGATED N EGATIVE D ECLARATION (IS/MND) Santa Monica Post Office Productions 83 March 2016 land uses. As a result, the project would no t divide any established community. Therefore, no impacts would occur. b) Less Than Significant Impact . The project site is located in the Downtown Core as designated in the LUCE and is zoned “Downtown Specific Plan”. The updated Zoning Ordinance was recently adopted in July 2015 and was comprehensively updated to reflect the LUCE vision, goals, and policies. The Zoning Ordinance does not provide standards for the Downtown Specific Plan (DSP), as it is anticipated that the standards for the Downtown would be addressed in the DSP. Pending adoption of the Downtown Specific Plan, an interim zoning ordinance (IZO 2487) for the Downtown was adopted by the City Council in June 2015. Under the IZO, projects over 7,500 sf would continue to be administratively approved. Projects over this threshold would be subject to discretionary review. Additionally, Downtown projects over 32 feet in height would be subject to a developm ent agreement. Since the project exceeds 7,500 sf but would not exceed 32 feet in height, a Development Review Permit would be required for project implementation. The following provides an analysis of the project with the applicable plans and development standards: Southern California Association of Governments (SCAG) The proposed project would be supportive of SCAG’s 2012-2035 Regional Transportation Plan/ Sustainable Communities Strategies (R TP/SCS), which emphasizes new land uses within existing urbanized areas to reduce vehicle miles traveled (VMT), congestion, and greenhouse gas (GHG) emissions. The proposed project would adaptively reuse the former historic Post Office building to provide new creative office uses in the urbanized Downtown District. As a result, the proposed project would be easily accessible by public transit, as well as by walking and biking. Refer to Table 10, Project Consistency with the Goals and Policies of SCAG and LUCE . 2010 Land Use and Circulation Element (LUCE) The project site is located within the Downtown District, which is defined in the LUCE as that area generally bounded by Wilshire Boulevard on the north; Lincoln Boulevard on the east; the Santa Monica Freeway on the south; and Ocean Avenue on the west. The LUCE recognizes that the Downtown District includes the broadest mix of uses and activities in Santa Monica, and that the recently completed and planned residential development assures that the Downtown is a complete neighborhood, serving both local residents and residents of the Los Angeles region. The project site has a land use designation of Downtown Core. The Downtown Core designation allows for a broad mix of uses, including commercial and residential uses. The LUCE envisions Downtown as a thriving urban district, with the addition of new commercial and residential uses, with opportunit ies for increased activity near the future Expo LRT station. Further, the LUCE encourages a balance of high quality uses that would generate activity during both daytime and evening hours, including mixed residential, restaurants, entertainment, and retail uses. Add to 6-A 08/09/2016 F INAL I NITIAL S TUDY /M ITIGATED N EGATIVE D ECLARATION (IS/MND) Santa Monica Post Office Productions 84 March 2016 The LUCE did not establish maximum building heig ht limits, floor-area ra tios (FAR), or other specific development standards, such as setbacks and step backs for new buildings within the Downtown Core designation, defe rring such standards to a future Downtown Specific Plan (DSP). The Draft DSP was released in February of 2014 and is currently undergoing environmental review. Until the adoption of the DSP, the existing land use development standards set forth in the 1984 LUCE continue to apply in the Downtown which includes the project site. Table 10, Project Consistency with the Goals and Policies of SCAG and LUCE, below outlines the project’s consistency with the applicable goals and policies of the LUCE. As shown in Table 10, the project is consistent with the goals and policies of the LUCE as the proposed project would adaptively reuse a hi storic landmarked building to provide new creative office opportunities in the Downtown. Table 10 Project Consistency with the Goals and Policies of SCAG and LUCE Policy Relationship to Project SCAG R EGIONAL T RANSPORTATION P LAN / S USTAINABLE C OMMUNITIES S TRATEGY (RTP/SCS) RTP Goal : Maximize the productivity of our transportation system. Consistent . The proposed project would support and maximize the productivity of the transportation system by locating new creative office uses in the Downtown, within walking distance of the future Expo LRT Downtown station. Future employees of the project would have the opportunity to use the Expo LRT to travel to and from the Downtown. The project site is also easily accessed by a number of Big Blue Bus and Metro transit lines that operate in the Downtown. Additionally, per the City’s Transportation Demand Ordinance, the project would implement a Transportation Demand Management (TDM) plan to increase alternative transportation usage and to further improve the productivity of the regional transportation system. RTP Goal : Encourage land use and growth patterns that facilitate transit and non-motorized transportation. Consistent . The project site is located in Downtown Santa Monica, near existing and future public transit opportunities provided by the Big Blue Bus, Metro, and the future Expo LRT. Additionally, the project is easily accessible via the Downtown’s extensive bike and pedestrian network. Therefore, project employees would have easy access to alternative transportation options. S CS Goa l 1. Better Placemaking : The strategies outlined in the 2012– 2035 RTP/SCS promote the development of better places to live and work through measures that encourage more compact development, varied housing options, bike and pedestrian Consistent . The proposed project is a compact, adaptive reuse project that would provide new creative office uses in the transit rich Downtown. Add to 6-A 08/09/2016 F INAL I NITIAL S TUDY /M ITIGATED N EGATIVE D ECLARATION (IS/MND) Santa Monica Post Office Productions 85 March 2016 Policy Relationship to Project improvements, and efficient transportation infrastructure. S CS Goal 5: Improved Access and Mobility : Strategies contained within the 2012–2035 RTP/SCS will help the region confront congestion and mobility issues in a variety of ways, including improvements to bicycle and pedestrian facilities. Land use strategies in the 2012–2035 RTP/SCS will improve mobility and access by placing destinations closer together and decreasing the time and cost of traveling between them. Consistent. The proposed project would support improved access and mobility by providing new creative office uses within walking distance of the future Expo LRT Downtown station and in close proximity to bicycle lanes on Arizona Avenue and 5 th Street. SCAG Compass/ Growth Visioning Principles To realize the Growth Vision Principles, the Growth Vision encourages: (1) Focusing growth in existing and emerging centers and along major transportation corridors. Consistent. The project site is located in the Downtown District, which is the economic center of the City. The project site is also located near public transit opportunities provided by the Big Blue Bus, Metro, and the future Expo LRT as well as in the vicinity of Interstate 10. (2) Creating significant areas of mixed use development and walkable communities. Consistent. The proposed project would contribute new creative office space to the walkable mixed use Downtown District. (3) Targeting growth around existing and planned transit stations. Consistent . The project site is located in Downtown Santa Monica, near current and future public transit opportunities provided by the Expo LRT station, Big Blue Bus, and Metro. Specifically, the project site is located within walking distance (less than ¼ mile) of the future Downtown Station for the Expo LRT. (4) Preserving existing open space and stable residential areas. Consistent . The project would not develop or encroach onto existing open space and stable residential areas. 2010 LUCE Policy LU1.4 Retention of Existing Structures – Encourage and incentivize preservation of historic structures and older buildings that add to the character of residential district through the development Consistent . The proposed project would adaptively reuse the historic former U.S. Post Office building for new creative office uses. Add to 6-A 08/09/2016 F INAL I NITIAL S TUDY /M ITIGATED N EGATIVE D ECLARATION (IS/MND) Santa Monica Post Office Productions 86 March 2016 Policy Relationship to Project Development Rights and conservation easements Policy LU3.1 Reduce Regional- serving Commercial Uses : Reduce regional office and commercial uses and encourage smaller floor plate office uses, housing and local serving retail and services Consistent . The proposed project would not develop a large floor plate regional office. The proposed project would adaptively reuse the former Post Office building for new creative office uses. Policy LU6.2 Vital Downtown : Support the continued transition of Downtown to a thriving, mixed use urban environment for people to live, work, be entertained, and be culturally enriched. Consistent. The proposed project would contribute to the Downtown’s thriving mixed use environment by providing new creative office uses. Policy LU12.1 Maintain Character : Rehabilitation of Historic Resources – Promote adaptive reuse of historic structures and sensitive alterations wher e changes are proposed. New construction or additions to historic structures shall be respectful of the existing historic resource. Consistent . The project would adaptively reuse the historic former U.S. Post Office building for new creative office space. All proposed work would be completed in accordance wi th the Secretary of the Interior’s Standards to ensure that the historic character of the building would be preserved. Policy LU112.4 Sustainability : Recognize adaptive reuse as a sustainable policy and encourage sustainable technologies, such as solar panel installation and energy retrofitting, that respect character- defining features Consistent. The project would include energy efficient technologies including the use of solar voltaic panels to make the existing building more sustainable. Policy LU15.3 Context-S ensitive Design: Require site and building design that is context sensitive and contributes to the City’s rich urban character. Consistent . All proposed work would be completed in accordance with the Se cretary of the Interior’s Standards to ensure that th e historic character of the building would be preserved. Furthermore, the proposed minor increase in height for the existing building would not be out of context with the surrounding land uses. Policy HP1.8: Encourage the preservation and regular maintenance of mature trees and landscaping that contribute to the unique character of a neighborhood. Consistent. The proposed project would preserve and protect existing street trees. All existing street trees would remain in place, and project construction activities would not impact or damage existing street trees. The four palms along the east frontage are proposed to be removed and would be replanted offsite. Add to 6-A 08/09/2016 F INAL I NITIAL S TUDY /M ITIGATED N EGATIVE D ECLARATION (IS/MND) Santa Monica Post Office Productions 87 March 2016 Policy Relationship to Project Downtown Core Policies Policy D7.1 : Encourage a broad mix of uses that create dynamic activity in both the daytime and evening hours including retail, hotels, office, high-density residential, entertainment and cultural uses in the downtown. Consistent . The project would adaptively reuse a former Post Office facility for new creative office space. This project would help meet the demand for office space in the Downtown. Policy D7.5 Explore options for the adaptive reuse or retention of historic resources. Require new buildings constructed in proximity to existing historic resources to respect the context and character-defining features of the historic resource. Consistent . The project would adaptively reuse the historic, former Post Office facility for new creative office space. All proposed work would be completed in accordance wi th the Secretary of the Interior’s Standards to ensure that the historic character of the building would be preserved. Policy D7.6 Utilize the Secretary of the Interior’s Stan dards to preserve identified character-defining features of historic resources Consistent . All proposed work would be completed in accordance with the Se cretary of the Interior’s Standards to ensure that th e historic character of the building would be preserved. Historic Preservation Policies HP1.3 Ensure that new development alterations, or remodeling on, or adjacent to, historic properties are sensitive to historic resource and are compatible with the surrounding historic context. Consistent . The project would adaptively reuse the historic, former Post Office facility for new creative office space. All proposed work would be completed in accordance wi th the Secretary of the Interior’s Standards to ensure that the historic character of the building would be preserved. HP1.5 Support rehabilitation and restoration of historic resources through flexible zoning policies and modifications to development standards, as appropriate, subject to discretionary review, required findings, and neighborhood compatibility such as: the in-kind replacement of nonconforming features, reduced parking requirements, building height, parcel coverage, and building envelope requirements. Consistent . The project would adaptively reuse the historic, former Post Office facility for new creative office space. The proposed project would be utilizing the State Historic Building Code, for reduced ADA requirements. Additiona lly, a parking variance would be required for reduced parking on the project site. Circulation Element Policy T15.7 : Monitor and coordinate construction activity to Consistent . A Construction Impact Mitigation Plan would be prepared to address traffic impacts from demolition, site preparation, and ongoing Add to 6-A 08/09/2016 F INAL I NITIAL S TUDY /M ITIGATED N EGATIVE D ECLARATION (IS/MND) Santa Monica Post Office Productions 88 March 2016 Policy Relationship to Project minimize disruption on the transportation system. construction activities. Components of the plan would include measures to address vehicular and pedestrian safety, notification of local business, identification of construction parking, construction traffic and route design, and construction scheduling. The Construction Impact Mitigation Plan would be subject to approval by the City prior to issuance of a building permit. The approved mitigation plan would be posted and available at the project site for the duration of construction and would be produced upon request. Policy T19.2 : Impose appropriate Transportation Demand Management (TDM) requirements for new development. Consistent . The project’s applicant would implement a TDM plan that minimizes vehicle trip and meet AVR targets consistent with the City’s TDM ordinance. Potential measures may include, but not be limited to, transportation information, transit pass subsidies, unbundled parking, and participation in Transportation Management Association. Policy T21.3: TDM program requirements shall be triggered for new development consistent with the LUCE performance standards. Consistent . See discussion for Policy T19.2. Policy T25.2 : Require that parking be accessed only from alleys, where alley access is available. Consistent . Primary automobile access for the proposed project would be provided via 4th Court alley. Policy T25.3 : Minimize the width and number of driveways at individual development projects. Consistent . The project would not construct any new driveways. Policy T25.7 : Encourage installation of electrical outlets in loading zones, including signage, to reduce vehicle idling associated with operating refrigeration for delivery trucks. Consistent . Loading of deliveries are anticipated to occur at the rear of the building, and would take place on 4th Court in the loading area. The project proposes for the electrical room to be placed near the loading zone, which would provide electrical outlets. Policy T26.4: Adjust parking requirements for projects when it can be demonstrated that a lower parking demand is appropriate. Consistent . The proposed project would provide reduced parking as it is lo cated in proximity to the future Downtown Station for the Expo LRT. A parking variance would be required for the project. As summarized above the project would be consistent with applicable plans, policies, or regulations. Therefore, impacts would be less than significant. c) No Impact . As previously stated, no habitat cons ervation plan applies to the project site. The proposed project would not conflict with the provisions of any applicable habitat conservation plan. Therefore, no impacts would occur. Add to 6-A 08/09/2016 Ad d to 6- A 08 / 0 9 / 2 0 1 6 Ad d to 6- A 08 / 0 9 / 2 0 1 6 Ad d to 6- A 08 / 0 9 / 2 0 1 6 Ad d to 6- A 08 / 0 9 / 2 0 1 6 Ad d to 6- A 08 / 0 9 / 2 0 1 6 Ad d to 6- A 08 / 0 9 / 2 0 1 6 Add to 6-A 08/09/2016 Add to 6-A 08/09/2016 Add to 6-A 08/09/2016 Add to 6-A 08/09/2016 Add to 6-A 08/09/2016 MEMORANDUM DATE : March 11 , 2016 TO : Mr. Ken Kutcher Harding Larmore Kutcher & Kozal, LLP FROM : Robert Chattel, AIA, President Sarah Vonesh , Associate II Chattel, Inc. RE: Santa Monica Post Office, 1248 Fifth Street, Santa Monica, California Secretary of the Interior’s Standards c onformance r eview relating to building addition and rehabilitation Introduction The applicant proposes to rehabilitate and enlarge the Landmark former Santa Monica Post Office (historic building ) for use as creative offices by Skydance Productions and related companies. Chattel, Inc. Historic Preservation Consultants (Chattel) assumed a key role with the project team from the initial purchase through the present. Chattel’s goal is to ensure features conveying historical, cultural, and architectural value of the historic building are retained and rehabilitated consistent with the Secretary of the Interior’s S tandards for the Treatment o f Historic Properties (Secretary’s Standards). The historic building is located at the northwest corner of Fifth Street and Arizona Avenue. The front façade faces east on to Fifth Street while the rear elevation faces west on to Fourth Court or alley . The historic building was designed in 1937 in the P ublic W orks A dministration (PWA) Moderne style by the U.S. Treasury Department with local consulting architect Robert Dennis Murray. It was dedicated in 1938 and remained in use as a post office until June 29, 2013. The property transferred out of federal ownership on December 20, 2013 . At the time of the transfer, a preservation covenant was recorded as part of the grant deed providing for long term preservation of the exterior and interior lobby. The Santa Monica City Council is tasked with enforcing the preservation covenant. T he historic building was designated as a Santa Monica Landmark on March 10, 2014. This memo summarizes the overall rehabilitation of the historic building and associated new construction of a rooftop and rear addition (proposed project). P articular attention is paid to the proposed addition in light of the pending Santa Monica Planning Commission hearing. Project Description The historic building is rectangular and symmetrica l, consisting of two stories plus basement. The building is constructed of reinforced concrete with a board formed finish. The exterior walls were originally left in a natural exposed state, but have since been painted . The front façade contains two entran ces, both with double doors set within monumental entry portals. Fenestration consists of tall, six-light windows that are evenly spaced across the east, north, and south elevations. The west elevation has a loading dock spanning most its length, and fenestration for ventilation and other utilitarian purposes. The alley provides automobile access to a surface parking lot north of the Add to 6-A 08/09/2016 S anta Monica Post Office Conformance Review March 11, 2016 Page 2 historic building . The existing hardscape and landscape are generally contemporary and not historically significant . The proposed project entail s rehabilitation of the historic building, demolition of portions of the rear elevation, new construction of a rear and rooftop addition , seismic retrofit, new infrastructure , and sustainability provisions, along with new hardscape a nd landscape . A D evelopment R eview P ermit, P arking V ariance, C ertificate of A ppropriateness are required. The interior lobby, protected by the preservation covenant, will be restored in a future phase of work. All proposed work on the lobby is subject to approval by City Council. A C ertificate of A ppropriateness has previously been granted by the Santa Monica Landmarks Commission for the installation of a property line fence. Key elements of demolition include : • Altered loading dock and second floor or me zzanine along the rear elevation including the entirety of the center portion • Flat roof containing skylights • Contemporary window frames and sash • Contemporary doors • H ardscape and landscape in the east and south setbacks Key elements of rehabilitation inclu de: • E xterior wall finishes • New wood window frames and sash • New wood entry doors Key elements of new construction include: • Rear and rooftop addition with expanded basement • Screened mechanical equipment at the upper roof • New roof with skylights, including one large skylight covering an enclosed atrium • Private patio at new lower roof • Rear addition setback from north and south elevations with open stairs serving to separate new from old • Rear addition fenestration and materia ls including terra cotta selected to draw inspiration from and complement historic building Conformance Review The Secretary’s Standards contain four approaches; the appropriate approach for this project is rehabilitation. The rehabilitation standards are as follows: 1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships. 2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. 3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 5. Distin ctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old Add to 6-A 08/09/2016 S anta Monica Post Office Conformance Review March 11, 2016 Page 3 in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation m easures will be undertaken. 9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. 10. New additions and adjacent or related new construction will be undertaken in such a manner that, if r emoved in the future, the essential form and integrity of the historic property and its environment would be unimpaired. The Secretary’s Standards are not intended to be prescriptive, but instead provide general guidance. They are intended to be flexible and adaptable to specific project conditions to balance continuity and change while retaining historic building fabric to the maximum extent feasible. Their interpretation requires exercise of professional judgment and balance of the various opportunities and constraints of any given project based on use, materials retention and treatment, and compatibility of new construction. Not every standard necessarily applies to every aspect of a project, nor is it necessary to comply with every standard to achieve conformance. The Secretary Standards contain various recommendations for new additions to historic buildings. These recommendations include the fol lowing: • Constructing a new addition so that there is the least possible loss of historic materials and so that character -defining features are not obscured, damaged, or destroyed. • Designing a new addition in a manner that makes clear what is historic and what is new. • Design for the new work may be contemporary or may reference design motifs from the historic building… it should always be clearly differentiated from the historic building and be compatible in terms of mass, materials, relationship of solids to voids, and color. • Designing a rooftop addition, when required for the new use, that is set back from the wall plane and as inconspicuous as possible when viewed from the street. Conclusion Consistent with the Secretary Standards, the new addition would occur on a secondary, rear elevation. A portion of the rear elevation would be demolished to accommodate the new addition. This area has been altered over time and does not contain any historic features , thus it is the a ppropriate l ocation for alteration to occur. The rooftop addition is substantially setback from the exterior elevations, such that it is not generally visible from the street. Recessed stairs serve as hyphens , clearly demarcating new from old . The fenestration and use of materials on the addition complement the historic building in a contemporary and compatible manner. The rear and rooftop additions conform with the Secretary’s Standards because they are compatible in mass, scale and proportion and are appropriately located and detailed so as to allow the historic building to retain its prominence. The former Santa Monica Post Office is a designated City Landmark because of its association with the growth and history of the community and as an excellent example of PWA Moderne style . The proposed project and investment will ensure the building’s protection and longevity through the historic building’s rehabilitation and future restoration of the interior lobby. T he adaptive reuse as a private creative office space will bring new life to the historic building and enhance the vibrant downtown character of Santa Monica. Add to 6-A 08/09/2016 1 Anne Samartha From:Santa Monica City Manager's Office Sent:Monday, August 08, 2016 8:30 AM To:councilmtgitems Cc:David Martin Subject:FW: Item 6-A, August 9, 2016, Skydance Media appeal Follow Up Flag:Follow up Flag Status:Flagged FYI     From: Heather  Somaini  [mailto:hsomaini@lionsgate.com]   Sent: Friday, August  05, 2016  5:18  PM   To: Tony  Vazquez  <Tony.Vazquez@SMGOV.NET>; Kevin  McKeown  Fwd  <kevin@mckeown.net>; Gleam  Davis   <Gleam.Davis@SMGOV.NET>; Sue  Himmelrich  <Sue.Himmelrich@SMGOV.NET>; Pam  OConnor   <Pam.OConnor@SMGOV.NET>; Terry  O’Day  <Terry.Oday@smgov.net>; Ted  Winterer  <Ted.Winterer@SMGOV.NET>  Cc: Santa  Monica  City  Manager's  Office  <manager.mailbox@SMGOV.NET>; Council  Mailbox   <Council.Mailbox@SMGOV.NET>  Subject: Item  6 ‐A, August  9, 2016, Skydance  Media  appeal     Dear  Mayo r  Vazquez  and  Honorable  Councilmembers,    My  name  is  Heather  Somaini. I  am  Chief  of  Staff  at  Lionsgate, which  is  located  on  Colorado  Avenue  in  the  Mid ‐City  area   of  Santa  Monica.     I  am  writing  in  support  of  Skydance  Media’s  application  for  a  Development  Review  Permit  and  Variance  to  allow  the   construction  of  a  three  story  addition  to  the  landmarked  US  Post  Office  building, essential  elements  of  an  adaptive  reuse   project  that  will  enable  Skydance  to  realize  its  vision  of  transforming  a  beloved  Landmark  building  to  creative  office   space.    I  understand  that  the  Planning  Commission’s  approval  was  appealed, and  would  like  to  add  Lionsgate’s  name  to  the  list   of  local  supporters  of  the  project.     First, I  will  disclose  that  Lionsgate  and  Skydance  have  formed  a  global  television  distribution  pact  to  launch  Skydance   International, which  will  include  Skydance’ s  popular  series  “Grace  and  Frankie” and  “Manhattan.” We  feel  very   fortunate  to  have  forged  this  relationship  with  a  company  as  innovative  and  honorable  as  Skydance.    This  letter, however, is  focused  on  Skydance’ s  desire  to  become  a  contributing  and  important  member  of  Santa   Monica’s  Downtown  creative  community.     Over  the  past  two  decades, the  Mid  City  neighborhood  has  been  transformed  by  the  migration  of  well ‐known   entertainment  and  technology  brands  – like  Lionsgate  – to  the  area. Startups  and  independent  post ‐production  and  tech   companies  have  established  themselves  in  the  area, helping  create  synergies  that  did  not  previously  exist.     The  same  revolution  is  now  taking  place  in  downtown  Santa  Monica. Skydance’ s  investment  in  the  iconic  Post  Office   building  and  its  plan  to  add  additional  creative  office  space  presents  an  opportunity  to  bring  an  important   entertainment/technology  firm  into  the  heart  of  the  city, one  that  will  provide  good ‐paying  jobs  and  tax  revenues, as   well  as  celebrate  Santa  Monica’s  amazing  history.   Add to 6-A 08/09/2016 2   I  hope  the  City  will  embrace  that  opportunity. I  respectfully  ask  you  to  deny  the  appeal  that  will  be  before  you  at  your   August  9  hearing.    Sincerely,  Heather  Somaini     cc: City  Manager  Rick  Cole       Heather Somaini Chief of Staff LIONSGATE www.lionsgate.com w:310.255.3815 f:310.255.3780 c:310.779.3338   Add to 6-A 08/09/2016 1 Anne Samartha From:Santa Monica City Manager's Office Sent:Monday, August 08, 2016 1:05 PM To:councilmtgitems; Elaine Polachek; David Martin Subject:FW: City Council Item 6-A, August 9, 2016 Attachments:2016_08_08_11_46_27.pdf FYI     From: Rand  Gladden  [mailto:RGladden@fotokem.com]   Sent: Monday, August  08, 2016  12:09  PM   To: Tony  Vazquez  <Tony.Vazquez@SMGOV.NET>; Kevin  McKeown  Fwd  <kevin@mckeown.net>; Gleam  Davis   <Gleam.Davis@SMGOV.NET>; Sue  Himmelrich  <Sue.Himmelrich@SMGOV.NET>; Pam  OConnor   <Pam.OConnor@SMGOV.NET>; Terry  O’Day  <Terry.Oday@smgov.net>; Ted  Winterer  <Ted.Winterer@SMGOV.NET>  Cc: Santa  Monica  City  Manager's  Office  <manager.mailbox@SMGOV.NET>; Council  Mailbox   <Council.Mailbox@SMGOV.NET>  Subject: City  Council  Item  6 ‐A, August  9, 2016     Ladies  and  Gentle men  of  the  Santa  Monica  City  Council.    Please  review  our  letter  attached   as  it  relates  to  the  outstanding  redevelopment  opportunity    pending  before  the  council  for  Sky  Dance  Media.    Thank  You   Rand  Gladden     RAND  M  GLADDEN   Senior  Vice  President    rgladden@fotokem.com    www.fotokem.com    2801  W. Alameda  Ave, Burbank, CA  91505   o: 818.846.3101  ext. 212   |   m: 818.535.3084          Add to 6-A 08/09/2016 RmKEM F I LM .V I DEO .DATA August 5, 2016 Mayor Tony Vazquez and City Councilmembers: My name is Rand Gladden. I am Senior Vice President at Fotokem Incorporated, one of the premier providers of pre* and post-production services for entertainment firms. Our brand may be familiar to you. Fotokem has been in business since 1963, and our name has appeared on crawls on numerous major motion pictures. The range of services Fotokem provides is comprehensive^ color, 3-D, sound and visual effects services for major entertainment concerns. Our Margarita Mix division, with facilities in Hollywood and Santa Monica, concentrates on audio services for commercial advertising, television, video games and DVD. There were many reasons we located studios in Santa Monica. First, the City has created a welcoming environment for entertainment and technology companies like ours, which are, to a large extent, low-impact uses. Second, the concentration of such companies simplifies our interactions with customers. Skydance Media is one of those entertainment firms, now based in Santa Monica, which is very fortunate to have purchased a special location in the downtown area for its new headquarters. As you know, their project involves the preservation and rehabilitation of a notable historic building and the addition of creative office space. The additional space will be essential to the creation of content for films, television and interactive products. As I understand the agenda, that is the issue being heard this evening. The Skydance team has done an outstanding job of designing a building that is visually non-intrusive, meshes well with the historic building, and remains below the 32-foot height limit. They've done a tremendous job carrying over certain design elements of the original post office, while maintaining the difference required by the Secretary of the Interior guidelines. The new building has "rhythm." Finally, the presence of the building and its workforce will undoubtedly create a more secure environment in the downtown area. We're in complete support of Skydance's project. Please vote to deny the appeal, and let Skydance move ahead. Thank you for your time. sincerely Rand Gladden Foto-Kem Industries Inc* 2801 West Alameda Ave • Burbank CA 91505 818846 3101 'Fax 818841 2130 •www.fotokem.com Add to 6-A 08/09/2016 1 Anne Samartha From:Council Mailbox Sent:Monday, August 08, 2016 4:34 PM To:councilmtgitems Subject:FW: City Council Item 6-A, August 9, 2016 Attachments:2016_08_08_11_46_27.pdf     From: Rand  Gladden  [mailto:RGladden@fotokem.com]   Sent: Monday, August  08, 2016  12:09  PM   To: Tony  Vazquez  <Tony.Vazquez@SMGOV.NET>; Kevin  McKeown  Fwd  <kevin@mckeown.net>; Gleam  Davis   <Gleam.Davis@SMGOV.NET>; Sue  Himmelrich  <Sue.Himmelrich@SMGOV.NET>; Pam  OConnor   <Pam.OConnor@SMGOV.NET>; Terry  O’Day  <Terry.Oday@smgov.net>; Ted  Winterer  <Ted.Winterer@SMGOV.NET>  Cc: Santa  Monica  City  Manager's  Office  <manager.mailbox@SMGOV.NET>; Council  Mailbox   <Council.Mailbox@SMGOV.NET>  Subject: City  Council  Item  6 ‐A, August  9, 2016     Ladies  and  Gentle men  of  the  Santa  Monica  City  Council.    Please  review  our  letter  attached   as  it  relates  to  the  outstanding  redevelopment  opportunity    pending  before  the  council  for  Sky  Dance  Media.    Thank  You   Rand  Gladden     RAND  M  GLADDEN   Senior  Vice  President    rgladden@fotokem.com    www.fotokem.com    2801  W. Alameda  Ave, Burbank, CA  91505   o: 818.846.3101  ext. 212   |   m: 818.535.3084          Add to 6-A 08/09/2016 RmKEM F I LM .V I DEO .DATA August 5, 2016 Mayor Tony Vazquez and City Councilmembers: My name is Rand Gladden. I am Senior Vice President at Fotokem Incorporated, one of the premier providers of pre* and post-production services for entertainment firms. Our brand may be familiar to you. Fotokem has been in business since 1963, and our name has appeared on crawls on numerous major motion pictures. The range of services Fotokem provides is comprehensive^ color, 3-D, sound and visual effects services for major entertainment concerns. Our Margarita Mix division, with facilities in Hollywood and Santa Monica, concentrates on audio services for commercial advertising, television, video games and DVD. There were many reasons we located studios in Santa Monica. First, the City has created a welcoming environment for entertainment and technology companies like ours, which are, to a large extent, low-impact uses. Second, the concentration of such companies simplifies our interactions with customers. Skydance Media is one of those entertainment firms, now based in Santa Monica, which is very fortunate to have purchased a special location in the downtown area for its new headquarters. As you know, their project involves the preservation and rehabilitation of a notable historic building and the addition of creative office space. The additional space will be essential to the creation of content for films, television and interactive products. As I understand the agenda, that is the issue being heard this evening. The Skydance team has done an outstanding job of designing a building that is visually non-intrusive, meshes well with the historic building, and remains below the 32-foot height limit. They've done a tremendous job carrying over certain design elements of the original post office, while maintaining the difference required by the Secretary of the Interior guidelines. The new building has "rhythm." Finally, the presence of the building and its workforce will undoubtedly create a more secure environment in the downtown area. We're in complete support of Skydance's project. Please vote to deny the appeal, and let Skydance move ahead. Thank you for your time. sincerely Rand Gladden Foto-Kem Industries Inc* 2801 West Alameda Ave • Burbank CA 91505 818846 3101 'Fax 818841 2130 •www.fotokem.com Add to 6-A 08/09/2016 1 Anne Samartha From:Council Mailbox Sent:Monday, August 08, 2016 4:34 PM To:councilmtgitems Subject:FW: Item 6-A, August 9, 2016, appeal of Skydance approval     From: Joanne  Leavitt  [mailto:joanneleavitt5@gmail.com]   Sent: Monday, August  08, 2016  2:45  PM   To: Tony  Vazquez  <Tony.Vazquez@SMGOV.NET>; Kevin  McKeown  Fwd  <kevin@mckeown.net>; Gleam  Davis   <Gleam.Davis@SMGOV.NET>; Sue  Himmelrich  <Sue.Himmelrich@SMGOV.NET>; Pam  OConnor   <Pam.OConnor@SMGOV.NET>; Terry  O’Day  <Terry.Oday@smgov.net>; Ted  Winterer  <Ted.Winterer@SMGOV.NET>  Cc: Santa  Monica  City  Manager's  Office  <manager.mailbox@SMGOV.NET>; Council  Mailbox   <Council.Mailbox@SMGOV.NET>  Subject: Item  6 ‐A, August  9, 2016, appe al  of  Skydance  approval   Hon. City Councilmembers: I am writing to express my support for the 1248 Fifth Street (Post Office) project, and to commend the applicant on its vision for the adaptive re use of this important historic asset. As a longtime Santa Monican, I feel a special attachment to the Post Office. For 80 years, it was a place where local residents reached out to their families and friends via the US Mail, celebrating birthdays, weddings and holidays with cards and letters. It was also a place where local businesses connected with customers and merchants when paper and postage stamps – and Air Mail, which was pioneered here in Santa Monica – represented the state of the art. The fact that the building was create d as a project of the Public Works Ad ministration is especially meaningful, a reminder of our country’s ability to pull itself togeth er in challenging times and create infrastructure that would last for decades. The applicant’s plan to undertake a first-rate restoration of the build ing is truly laudable. When the US Postal Service closed the facility, ma ny options were explored for a new use. Its size and configuration did not work for many applications. Skyda nce’s proposal to adaptivel y reuse the structure for creative office space by constructing a modest and appropriate addition to the Post Office building is, I believe, a workable concept. The plan considered by the Planning Commission last Spring – which earned the Add to 6-A 08/09/2016 2 Commission’s approval – is viable a nd attractive. The addition provides the space needed by the company to conduct its business properly and attract and retain a young, talented workforce. Skydance’s work with the lo cal preservation community is particularly important to me and the scores of Santa Monicans who treasure our past. I would applaud a plan to include an occasi onal tour of the historic portion of the building only, arranged as part of the Santa Monica Conserva tory’s Docent-Guided Wa lking Tours. It would help acquaint Santa Monicans, young and old, with their city’s rich history and architectural heritage. This project deserves your support. I urge you to deny the appeal, and uphold the Planning Commission’s approval. Sincerely, Joanne Leavitt Add to 6-A 08/09/2016 1 Anne Samartha From:Council Mailbox Sent:Monday, August 08, 2016 4:34 PM To:councilmtgitems Subject:FW: Post Office Project: email to City Council     From: Hany  Iskander  [mailto:hsiskander@gmail.com]   Sent: Monday, August  08, 2016  4:31  PM   To: Santa  Monica  City  Manager's  Office  <manager.mailbox@SMGOV.NET>; Council  Mailbox   <Council.Mailbox@SMGOV.NET>  Subject: Fwd: Post  Office  Project: email  to  City  Council   August 5, 2016 To: Mayor Tony Vazquez Councilmembers Davis, Himmelrich, McKeown, O’Connor, O’Day, Winterer My name is Hany Iskander. I represen t the Saint Peter and Saint Paul Cop tic Orthodox Church, which is located at 1245 Fourth Street, dir ectly across the alley from the proposed project. I strongly support the restor ation and adaptive reuse of the former Po st Office building and the construction of new “creative office” space at 1248 Fifth Street. The historic Post Office building has been vacant fo r three years, and the downtown neighborhood has missed having activity on the site. Keeping our congregation feeling safe and secure is always a concern for us and our congregation. We keep a busy schedule, including services fo r seniors and children. During Lent, for instance, we hold services on Sunday, Tuesday, Wednesday, Friday and Saturday – sometimes in the evening hours. The presence of Skydance Media will make our area much safer for ev eryone because the company is committed to provide robust security measures along the al ley. We appreciate that very much. Add to 6-A 08/09/2016 2 Skydance is a prestigious entertainment company with th e resources to do a very good job on the restoration and new construction. We have been assured by Skydan ce that any impacts on our church will be minimized during construction, and that they will respond to a ny concerns we may have. Skydance’s significant investment in th e property will beautify and enliven the intersection of Arizona and Fifth Street – a benefit for the entire downt own district – and will allow Skydance to conduct its business at one site. Although the following comment is not directly related to the matter before you tonight, I support the installation of a low fence, as propo sed, on the applicant’s property. Skydan ce should be entitled to define the perimeter around the older building to keep the non-S kydance public away from the exterior walls of the historic structure, and discour age well-meaning people from trying to use the Post Office. We welcome Skydance to our neighborhood. I respectfully ask you to follow City Staff’s recommendation and deny the appeal of the Planning Commission’s approval. Thank you. Sincerely, Hany Iskander Add to 6-A 08/09/2016 1 Anne Samartha From:Ruthann Lehrer <ruthannpreserves@yahoo.com> Sent:Monday, August 08, 2016 9:00 PM To:councilmtgitems Subject:Item 6A on August 9 agenda August 8, 2016 Item 6A: DRP and Variance for former Post Office Landmark Dear Mayor Vasquez and Councilmembers, This letter urges you to deny the appeal before you. I was on the Landmarks Commission when the sale of the Post Office came before the City, and when the stringent preservation covenant was adopted; and I have followed the Skydance Productions project with great interest. In my view, it will be one of the City’s most important accomplishments in the adaptive reuse of a major landmark building. The creative arts industry makes a significant contribution to our local economy and to the image of Santa Monica as a leader in this business sector. Yet the applicants from Skydance Productions have kept their addition to a very modest scale, working with the existing building in a skillful adaptive reuse in which the addition is visually subordinant to the landmark. A low-scale addition of just three stories is placed behind the landmark building, and from the pedestrian view along Fifth Street, is not even visible. The Landmarks Commission, including two experienced historic preservation architects, has had considerable input into the design of the addition, ensuring that it meets the Secretary of the Interior’s Standards for compatibility, with a contemporary design that references design themes from the landmark but does not introduce a false historicism. The applicant team includes Robert Chattel, a respected architect with extensive historic preservation expertise. Add to 6-A 08/09/2016 2 I completely sympathize with those sentiments that regret the loss of this public institution and its conversion into private property. While we mourn this loss, a new reality is before us. That was the rationale for the Landmarks Commission designating the entire parcel as historic, giving them jurisdiction over all changes to the site. The placem ent of the structure on the site with surrounding open spaces necessitated a perimeter fence for security. The design approved by the Landmarks Commission calls for a visually permeable fence with widely spaced narrow pickets, low enough not to obstruct views of the landmark. After working with the applicants to reduce the fence height and make the design visually unobtrusive, Landmarks Commission approved a Certificate of Appropriateness for the fence. Despite the Planning Commission’s extensive discussion of a fence, this item was never within their purview. Numerous planning documents adopted in Santa Monica call for the preservation of historic landmarks and their adaptive reuse, with incentives for code compliance flexibility – the LUCE, the draft DCP, the Historic Preservation Element. The parking variance requested is consistent with these policy documents, and is necessitated by the physical constraints imposed by the preservation of the landmark. As a policy matter, the new zoning code even reduces parking requirements for the adaptive reuse of designated historic structures. What is being requested is not a reduction of the code-required parking, but the re-location of some of the parking off-site. That seems a very reasonable and justifiable request. I would like to point out that the dedication of 200 square feet to a public space with an interpretive art element at the corner of 5 th and Arizona was entirely voluntary on the applicant’s part, and adds a significant dimension to the pedestrian experience. The concept design for this element uses images of U.S. postal stamps to chronicle our local and national history in a creative and exciting way. It is widely recognized that the preservation of historic structures enriches the pedestrian ex perience; the commemorative public art at the corner brings it to a whole new level. Substantial public benefits will be achieved with this project. Add to 6-A 08/09/2016 3 The project team has worked cooperatively for several years with public and private agencies (such as the Santa Monica Conservancy) to make their project responsive to community concerns. After so much time and effort, this project now deserves your support. Please deny the appeal and allow the project to move forward. Thank you for your consideration. Ruthann Lehrer Add to 6-A 08/09/2016 1 Anne Samartha From:Ruthann Lehrer <ruthannpreserves@yahoo.com> Sent:Monday, August 08, 2016 9:28 PM To:councilmtgitems Subject:Item 6A Attachments:Post Office CC appeal.docx Please see attached letter, sent also on a prior email. Add to 6-A 08/09/2016 August  8, 2016   Item  6A: DRP  and  Variance  for  former  Post  Office  Landmark     Dear  Mayor  Vasquez  and  Councilmembers,    This  letter  urges  you  to  deny  the  appeal  before  you.    I  was  on  the  Landmarks  Commission  when  the  sale  of  the  Post  Office  came  before  the  City, and   when  the  stringent  preservation  covenant  was  adopted; and  I  have  followed  the  Skydance   Productions  project  with  great  interest.  In  my  view, it  will  be  one  of  the  City’s  most  important   accomplish ments  in  the  adaptive  reuse  of  a  major  landmark  building.    The  creative  arts  industry  makes  a  significant  contribution  to  our  local  economy  and  to  the   image  of  Santa  Monica  as  a  leader  in  this  business  sector.  Yet  the  applicants  from  Skydance   Productions  have  kept  their  addition  to  a  very  modest  scale, working  with  the  existin g  building   in  a  skillful  adaptive  reuse  in  which  the  addition  is  visually  subordinant  to  the  landmark.  A  low ‐ scale  addition  of  just  thr ee  stories  is  placed  behind  the  landmark  building, and  from  the   pedestrian  view  along  Fifth  Street, is  not  even  visible.  The  Landmarks  Commission, including   two  experienced  historic  preservation  architects, has  had  considerable  input  into  the  design  of   the  addition, ensuring  that  it  meets  the  Secretary  of  the  Interior’s  Standards  for  compatibility,  with  a  contemporary  design  that  referen ces  design  themes  from  the  landmark  but  does  not   introduce  a  false  historicism.   The  applicant  team  includes  Robert  Chattel, a  respected  architect   with  extensive  historic  preservation  expertise.      I  completely  sympathize  with  those  sentiments  that  regret  the  loss  of  this  public  institution  and   its  conversion  into  privat e  property.  While  we  mourn  this  loss, a  new  reality  is  before  us. That   was  the  rationale  for  the  Landmarks  Commission  designating  the  entire  parcel  as  historic, giving   them  jurisdiction  over  all  changes  to  the  site. The  placement  of  the  structure  on  the  site  with   surrounding  open  spaces  necessitated  a  perimeter  fence  for  security. The  design  approved  by   the  Landmarks  Commission  calls  for  a  visually  permeable  fen ce  with  widely  spaced  narrow   pickets, low  enough  not  to  obstruct  views  of  the  landmark. After  working  with  the  applicants  to   reduce  the  fence  height  and  make  the  design  visually  unobtrusive, Landmarks  Commission   approved  a  Certifi cate  of  Appropriateness  for  the  fence. Despite  the  Planning  Commission’s   extensive  discussion  of  a  fence, this  item  was  never  within  their  purview.     Numerous  planning  documents  adopted  in  Santa  Monica  call  for  the  preservation  of  historic   landmarks  and  their  adaptive  reuse, with  incentives  for  code  compliance  flexibility  – the  LUCE,  the  draft  DCP, the  Historic  Preservati on  Element. The  parking  variance  requested  is  consistent   with  these  policy  documents, and  is  necessitated  by  the  physical  constraints  imposed  by  the   preservation  of  the  landmark.  As  a  policy  matter, the  new  zoning  code  even  reduces  parking   requirements  for  the  adaptive  reuse  of  designated  historic  structures.  What  is  being  requested   is  not  a  reduction  of  the  code ‐required  parking, but  the  re ‐location  of  some  of  the  parking  off ‐ site.  That  se ems  a  very  reasonable  and  justifiable  request.    Add to 6-A 08/09/2016 I  would  like  to  point  out  that  the  dedication  of  200  square  feet  to  a  public  space  with  an   interpretive  art  element  at  the  corner  of  5 th  and  Arizona  was  entirely  voluntary  on  the   applicant’s  part, and  adds  a  significant  dimension  to  the  pedestrian  experience.  The  concept   design  for  this  element  uses  images  of  U.S. postal  stamps  to  chronicle  our  local  and  national   history  in  a  creative  and  exciting  way.  It  is  widely  recognized  that  the  preservation  of  historic   structures  enriches  the  pedestrian  experience; the  commemorative  public  art  at  the  corner   brings  it  to  a  whole  new  level.  Substantial  public  benefits  will  be  achieved  with  this  pro ject.     The  project  team  has  worked  cooperatively  for  several  years  with  public  and  private  agencies   (such  as  the  Santa  Monica  Conservancy) to  make  their  project  responsive  to  community   concerns.  After  so  much  time  and  effort, this  pr oject  now  deserves  your  support.  Please  deny   the  appeal  and  allow  the  project  to  move  forward.    Thank  you  for  your  consideration.  Ruthann  Lehrer         Add to 6-A 08/09/2016 1 Anne Samartha From:Carol Lemlein <lemlein@aol.com> Sent:Tuesday, August 09, 2016 6:12 AM To:councilmtgitems Subject:Item 6A Mayor Vazquez and Council Members, I am writin g you on behalf of the board of the Santa Monica Conservancy to state ou r stron g support of the Plannin g Commission’s April 20, 2016 approval of a Development Review Permit and Variance fo r the adaptive reuse of the 5 th Street Post Office by Skydance Productions. We urge you to deny the appeal which is befo re you tonight. We see no conflict between the pro j ect as presented with the key preservation issues and directiv es in the LUCE, no r with the draft Downtown Commu nity Plan, nor with any other aspect of the historic preservation policies of the City of Santa Mo nica or with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. LUCE Policy HP1.5 specifically calls out the need to “Support rehabilitation and restoration of historic resources through flexible zoning policies such as the in-kind replacement o f non-conforming features and reduced parking requirements .” Similarly, the proposal conforms to reco mmendations in the Draft Downtown Plan, specifically Action HP1.6A “Allow flexibility in parkin g , g reen buildin g , and other zonin g standards, such as exemption from on ‐site parkin g and open space requirements, when buildings are substantially and appropriatel y preserved or restored as part of a development pro j ect. Review and, if necessary, re vise standards that may discoura g e historic rehabilitation and adaptive reuse,” as well as recommendations that “New buildings, additions, or alterations should re spect the form and materials of the existin g buildings. It is also possible to be responsi ve to the historic resources by j uxtaposin g different but complementary forms and materi als to distinguish between old and new.” The project team includes a well-respected preservation architect and has been workin g closely with the Landmarks Commission (and with the Conservancy) as the plans have been developed. Extensive research has been conducted to understand the ori g inal appearance of the building and ensure that its restoration will be appropriate. We have also been very pleased to see that the pro j ect team is workin g on an innovative interpretive plan for the corner of 5 th and Arizona which will have a very positive impact on the pedestrian experience in the area, an excellent ex ample of proposed DCP Policy HP2.3 “Where appropriate, Downtown Signage, events, art installations and othe r activities should include interesting and engaging information that educates the public about Santa Monica’s history.” Add to 6-A 08/09/2016 2 These facts and others described in your staff report provide stron g support for the Plannin g Commission’s approvals. We ur g e you to deny this appe al and allow the adaptive reuse of this important Santa Mo nica Landmark to move forward. Sincerely, Carol Lemlein President, Santa Monica Conservancy P.S. Our April 20 letter to the Planning Comm ission, attached below, adds additional detail on how this proposal co nforms to Santa Monica’s histor ic preservation policies and standards. -----Original Message----- From: Carol Lemlein <lemlein@aol.com > To: richard <richard@richardmckinnon.com >; andersonsmpc <andersonsmpc@yahoo.com >; mario <mario@fbharchitects.com >; freddycan <freddycan@freddycan.net >; jenniferfkennedy <jenniferfkennedy@gmail.com >; gnewbold <gnewbold@gmail.com >; parryplan <parryplan@gmail.com > Sent: Wed, Apr 20, 2016 2:09 pm Subject: Item 8A on tonight's Planning Commission Agenda Chair McKinnon, Vice-Chair Anderson, and Planning Commissioners The Board of the Santa Monica Co nservancy strongly supports this Development Review Permit and Variance request in re g ards to all aspects which have to do with historic preservation. We strongly support the issuance of the Parkin g Variance. The buildin g was built ori g inally without any parking. Allowing parking variances for adaptive reuse of desi g nated properties is an incentive recognized in our own Landmarks Ordinance as well as in many other municipalities which encourage adaptive re use of historic properti es. In addition, an extensive TDM policy is being put in place to minimize or eliminate any ne g ative effects resulting from the parking variance. We have followed the development of this design very closely, attendin g each of the informal and formal reviews with the La ndmarks Commission and have participated in several meetin g s with the pro j ect team to g ive our feedback. We are comfortable with the direction the pro j ect has taken and its adherence to the Secretary of the Interio r Standards. The design is appropriate in scale and massing and has evolved to reco g nize both the vertical and horizontal elements of the landmark buildin g . The selection o f materials for the addition is bein g carefully thou g ht out to complement the historic building. We look forward to participating in the Certificate of Appropriateness hearin g for these plans at the Landmarks Co mmission, and to seein g this important buildin g restored and returned to an active use after being closed by the Post Office almost three years ago. Add to 6-A 08/09/2016 3 Best, Carol Lemlein President, Santa Monica Conservancy www.smconservancy.org Add to 6-A 08/09/2016 1 Anne Samartha From:Santa Monica City Manager's Office Sent:Tuesday, August 09, 2016 9:03 AM To:councilmtgitems; David Martin; Elaine Polachek Subject:FW: Post Office Project: email to City Council FYI     From: Hany  Iskander  [mailto:hsiskander@gmail.com]   Sent: Monday, August  08, 2016  4:31  PM   To: Santa  Monica  City  Manager's  Office  <manager.mailbox@SMGOV.NET>; Council  Mailbox   <Council.Mailbox@SMGOV.NET>  Subject: Fwd: Post  Office  Project: email  to  City  Council   August 5, 2016 To: Mayor Tony Vazquez Councilmembers Davis, Himmelrich, McKeown, O’Connor, O’Day, Winterer My name is Hany Iskander. I represen t the Saint Peter and Saint Paul Cop tic Orthodox Church, which is located at 1245 Fourth Street, dir ectly across the alley from the proposed project. I strongly support the restor ation and adaptive reuse of the former Po st Office building and the construction of new “creative office” space at 1248 Fifth Street. The historic Post Office building has been vacant fo r three years, and the downtown neighborhood has missed having activity on the site. Keeping our congregation feeling safe and secure is always a concern for us and our congregation. We keep a busy schedule, including services fo r seniors and children. During Lent, for instance, we hold services on Sunday, Tuesday, Wednesday, Friday and Saturday – sometimes in the evening hours. The presence of Skydance Media will make our area much safer for ev eryone because the company is committed to provide robust security measures along the al ley. We appreciate that very much. Add to 6-A 08/09/2016 2 Skydance is a prestigious entertainment company with th e resources to do a very good job on the restoration and new construction. We have been assured by Skydan ce that any impacts on our church will be minimized during construction, and that they will respond to a ny concerns we may have. Skydance’s significant investment in th e property will beautify and enliven the intersection of Arizona and Fifth Street – a benefit for the entire downt own district – and will allow Skydance to conduct its business at one site. Although the following comment is not directly related to the matter before you tonight, I support the installation of a low fence, as propo sed, on the applicant’s property. Skydan ce should be entitled to define the perimeter around the older building to keep the non-S kydance public away from the exterior walls of the historic structure, and discour age well-meaning people from trying to use the Post Office. We welcome Skydance to our neighborhood. I respectfully ask you to follow City Staff’s recommendation and deny the appeal of the Planning Commission’s approval. Thank you. Sincerely, Hany Iskander Add to 6-A 08/09/2016 3 Anne Samartha From:Santa Monica City Manager's Office Sent:Tuesday, August 09, 2016 9:04 AM To:councilmtgitems; David Martin; Elaine Polachek Subject:FW: Item 6-A, August 9, 2016, appeal of Skydance approval FYI     From: Joanne  Leavitt  [mailto:joanneleavitt5@gmail.com]   Sent: Monday, August  08, 2016  2:45  PM   To: Tony  Vazquez  <Tony.Vazquez@SMGOV.NET>; Kevin  McKeown  Fwd  <kevin@mckeown.net>; Gleam  Davis   <Gleam.Davis@SMGOV.NET>; Sue  Himmelrich  <Sue.Himmelrich@SMGOV.NET>; Pam  OConnor   <Pam.OConnor@SMGOV.NET>; Terry  O’Day  <Terry.Oday@smgov.net>; Ted  Winterer  <Ted.Winterer@SMGOV.NET>  Cc: Santa  Monica  City  Manager's  Office  <manager.mailbox@SMGOV.NET>; Council  Mailbox   <Council.Mailbox@SMGOV.NET>  Subject: Item  6 ‐A, August  9, 2016, appe al  of  Skydance  approval   Hon. City Councilmembers: I am writing to express my support for the 1248 Fifth Street (Post Office) project, and to commend the applicant on its vision for the adaptive re use of this important historic asset. As a longtime Santa Monican, I feel a special attachment to the Post Office. For 80 years, it was a place where local residents reached out to their families and friends via the US Mail, celebrating birthdays, weddings and holidays with cards and letters. It was also a place where local businesses connected with customers and merchants when paper and postage stamps – and Air Mail, which was pioneered here in Santa Monica – represented the state of the art. The fact that the building was create d as a project of the Public Works Ad ministration is especially meaningful, a reminder of our country’s ability to pull itself togeth er in challenging times and create infrastructure that would last for decades. The applicant’s plan to undertake a first-rate restoration of the build ing is truly laudable. When the US Postal Service closed the facility, ma ny options were explored for a new use. Its size and configuration did not work for many applications. Skyda nce’s proposal to adaptivel y reuse the structure for creative office space by constructing a modest and appropriate addition to the Post Office building is, I believe, a workable concept. The plan considered by the Planning Commission last Spring – which earned the Add to 6-A 08/09/2016 4 Commission’s approval – is viable a nd attractive. The addition provides the space needed by the company to conduct its business properly and attract and retain a young, talented workforce. Skydance’s work with the lo cal preservation community is particularly important to me and the scores of Santa Monicans who treasure our past. I would applaud a plan to include an occasi onal tour of the historic portion of the building only, arranged as part of the Santa Monica Conserva tory’s Docent-Guided Wa lking Tours. It would help acquaint Santa Monicans, young and old, with their city’s rich history and architectural heritage. This project deserves your support. I urge you to deny the appeal, and uphold the Planning Commission’s approval. Sincerely, Joanne Leavitt Add to 6-A 08/09/2016 Ap p e a l o f A p r i l 2 0 , 2 0 1 6 D e c i s i o n a p p r o v i n g : • D e v e l o p m e n t R e v i e w P e r m i t • P a r k i n g V a r i a n c e 12 4 8 5 t h S t r e e t (f o r m e r U S P o s t O f f i c e ) • N o r t h w e s t c o r n e r o f 5 th St r e e t / A r i z o n a A v e n u e • C 3 - C ( D o w n t o w n O v e r l a y D i s t r i c t ) • 1 5 0 ’ X 2 5 0 ’ l o t ( 3 7 , 3 8 8 s . f . ) • O n e - s t o r y w i t h b a s e m e n t a n d m e z z a n i n e (3 3 , 9 6 8 s . f o f f l o o r a r e a ) Do w n t o w n S e t t i n g • m u l t i - u s e c o m m e r c i a l b u il d i n g / p l a y a r e a ( n o r t h ) • a C i t y - o w n e d s u r f a c e p u b l i c p a r k i n g l o t ( s o u t h ) • a c h u r c h c o m p l e x a n d a s i x - s t o r y m i x e d u s e bu i l d i n g ( e a s t ) • t w o - s t o r y r e t a i l b u i l d i n g / t w o - s t o r y c h u r c h co m p l e x ( w e s t ) 12 4 8 5 t h S t r e e t - A p p e a l o f P l a n n i n g Co m m i s s i o n D e c i s i o n ( 1 6 E N T - 0 0 6 5 ) Introduction Ae r i a l P h o t o ( 2 0 1 4 ) 20 1 4 C o n d i t i o n s ( t i m e o f d e s i g n a t i o n ) 19 3 8 - 2 0 1 2 PW A M o d e r n e b u i l d i n g s e r v e d a s U S P o s t Of f i c e Au g u s t 2 0 1 3 Pr e s e r v a t i o n C o v e n a n t i s a p p r o v e d ; s a l e to p r i v a t e p a r t y c a n a d v a n c e De c e m b e r 2 0 1 3 Bu i l d i n g i s s o l d Ma r c h 2 0 1 4 De s i g n a t e d a s a C i t y L a n d m a r k De c e m b e r 2 0 1 5 Ce r t i f i c a t e o f A p p r o p r i a t e n e s s a p p r o v e d fo r p e r i m e t e r f e n c e 12 4 8 5 t h S t r e e t - A p p e a l o f P l a n n i n g Co m m i s s i o n D e c i s i o n ( 1 6 E N T - 0 0 6 5 ) Background Hi s t o r i c P o s t C a r d I m a g e ( 1 9 3 8 ) 12 4 8 5 t h S t r e e t - A p p e a l o f P l a n n i n g Co m m i s s i o n D e c i s i o n ( 1 6 E N T - 0 0 6 5 ) Perimeter Fence Au g u s t 2 0 , 2 0 1 5 Ce r t i f i c a t e o f A p p r o p r ia t e n e s s a p p l i c a t i o n a n d plans submitted for an e i g h t - f o o t h i g h pe r i m e t e r f e n c e . Se p t e m b e r 1 6 , 2 0 1 5 Re v i s e d p l a n s r e c e i v e d r e d u c i n g f e n c e h e i g h t t o 6 . 5 f e e t . Se p t e m b e r 1 7 , 2 0 1 5 (i n i t i a l p u b l i c h e a r i n g ) La n d m a r k s C o m m i s s i o n c o n t i n u e s ma t t e r w i t h d i r e c t i o n t o ap p l i c a n t t o b a l a n c e s e c u r i t y ne e d s w i t h h i s t o r i c s t r e e t co n n e c t i v i t y a n d t o m a i n t a i n v i s u a l p r o m i n e n c e o f b u i l d i n g . De c e m b e r 1 4 , 2 0 1 5 (c o n t i n u e d p u b l i c h e a r i n g ) La n d m a r k s C o m m i s s i o n a p p r o v e s the Certificate of Ap p r o p r i a t e n e s s , i n c l u d i n g f u r t h e r r e v i s e d p l a n s de p i c t i n g a f i v e f o o t h i g h f e n c e , n o t i n g t h a t a n ap p r o p r i a t e b a l a n c e w a s a c h i e v e d a n d t h e la n d m a r k b u i l d i n g w o u l d b e m o r e p r o m i n e n t . Th i s d e c i s i o n w a s n o t a p p e a l e d . Pr i o r S i t e C o n d i t i o n s Re n d e r i n g D e p i c t i n g P r o p o s e d F e n c e Ad a p t i v e R e u s e P r o j e c t Su b j e c t t o 1 9 8 8 Z o n i n g O r d i n a n c e Cr e a t i v e O f f i c e ( F i l m / T e l e v i s i o n P r o d u c t i o n ) 32 - F e e t - T a l l / 3 S t o r i e s w i t h b a s e m e n t 12 , 6 4 2 S q u a r e F e e t A d d i t i o n (3 3 , 9 6 8 s . f . ( e x i s t i n g ) / 4 8 , 4 5 8 s . f . ( p r o p o s e d ) 0. 8 8 F l o o r A r e a R a t i o (2 . 5 I Z O , 3 . 5 G P ) 12 4 8 5 t h S t r e e t - A p p e a l o f P l a n n i n g Co m m i s s i o n D e c i s i o n ( 1 6 E N T - 0 0 6 5 ) Pr o j e c t I n f o r m a t i o n East Elevation –As Planned So u t h E l e v a t i o n – A s P l a n n e d North Elevation –As Planned Fi n d i n g s t o b e m a d e i n t h e a f f i r m a t i v e De v e l o p m e n t R e v i e w P e r m i t • L o c a t i o n , s i z e , m a s s i n g , a n d pl a c e m e n t o f t h e p r o p o s e d st r u c t u r e o n t h e s i t e i s a p p r op r i a t e a n d c o m p a t i b l e w i t h th e s u r r o u n d i n g n e ig h b o r h o o d ; • L o c a t i o n o f t h e p r o p o s e d u s es w i t h i n t h e p r o j e c t a r e ap p r o p r i a t e a n d c o m p a t i b le w i t h t h e s u r r o u n d i n g ne i g h b o r h o o d ; • P u b l i c b e n e f i t s o f p r o p o s e d si t i n g a n d d e s i g n o u t w e i g h an y i m p a c t s ; a n d • C o n s i s t e n c y w i t h t h e M u n i ci p a l C o d e a n d G e n e r a l P l a n . Pa r k i n g V a r i a n c e • S p e c i a l c i r c u m s t a n c e s o r e x ce p t i o n a l c h a r a c t e r i s t i c s ap p l i c a b l e t o t h e p r o p e r t y ; • S t r i c t a p p l i c a t i o n o f t h e p r ov i s i o n s o f t h i s O r d i n a n c e wo u l d r e s u l t i n p r a c t i c a l di f f i c u l t i e s o r u n n e c e s s a r y ha r d s h i p s ; • T h e g r a n t i n g o f s u c h v a r i a n c e w o u l d n o t b e d e t r i m e n t a l no r i n j u r i o u s t o t h e p r o p e r t y o r i m p r o v e m e n t s i n t h e ge n e r a l v i c i n i t y . In i t i a l S t u d y / M i t i g a t e d N e g a t i v e D e c l a r a t i o n w a s p r e p a r e d , ci r c u l a t e d a n d a d o p t e d . 12 4 8 5 t h S t r e e t - A p p e a l o f P l a n n i n g Co m m i s s i o n D e c i s i o n ( 1 6 E N T - 0 0 6 5 ) Entitlements Proposed Project Model Pl a n n i n g C o m m i s s i o n A c t i o n Pr o j e c t d e t e r m i n e d t o b e H i s t o r i c a l l y an d C o n t e x t u a l l y c o m p a t i b l e • S y m m e t r i c a l M a s s i n g ; S e n s i t i v e Pl a c e m e n t • V i s u a l l y U n d e r s t a t e d • C o n s i s t e n c y o f S c a l e Sp e c i f i c D e s i g n C o n d i t i o n s r e l a t i v e t o th e d e s i g n , c o l o r s a n d m a t e r i a l s id e n t i f i e d t o f u r t h e r c o n s i s t e n c y w i t h Se c r e t a r y o f t h e I n t e r i o r ’ s S t a n d a r d s : • C l a d d i n g / O r n a me n t a t i o n • H o r i z o n t a l i t y v s . V e r t i c a l i t y • F e n e s t r a t i o n • W a t e r f e a t u r e • S o l a r C o n t r o l • I n t e r p r e t a t i v e a r e a 12 4 8 5 t h S t r e e t - A p p e a l o f P l a n n i n g Co m m i s s i o n D e c i s i o n ( 1 6 E N T - 0 0 6 5 ) Pl a n n i n g C o m m i s s i o n A c t i o n – D e v e l o p m e n t R e v i e w P e r m i t Pr o j e c t R e n d e r i n g – S o u t h ( A r i z o n a A v e n u e ) E l e v a t i o n Pr o j e c t R e n d e r i n g – N o r t h E l e v a t i o n Pl a n n i n g C o m m i s s i o n c o n c l u d e d th a t S p e c i a l C i r c u m s t a n c e s a n d Un i q u e H a r d s h i p s e x i s t : •D e s i g n a t e d L a n d m a r k •P r e s e r v a t i o n C o v e n a n t •E x i s t i n g B u i l d i n g C o n s t r a i n t s •G e n e r a l P l a n / Z o n i n g O r d i n a n c e p o l i c i e s En h a n c e d T r a n s p o r t a t i o n D e m a n d Ma n a g e m e n t P r o g r a m i n c l u d e s : •F u n d e d E m p l o y e r T r a n s p o r t a t i o n Co o r d i n a t o r •$ 2 3 0 / m o n t h T r a n s p o r t a t i o n A l l o w a n c e (D a i l y O p t i o n A v a i l a b l e ) •2 4 s h o r t t e r m b i c y c l e s p a c e s •B i c y c l e s ( 6 ) a v a i l a b l e f o r e m p l o y e e u s e •E V / h y b r i d c o m p a n y c a r •C a r s h a r e s e r v i c e a v a i l a b l e Co n d i t i o n o f A p p r o v a l •A p p l i c a n t t o s e c u r e 2 3 d e e d - r e s t r i c t e d pa r k i n g s p a c e s c o n v e n i e n t t o p r o j e c t s i t e . 12 4 8 5 t h S t r e e t - A p p e a l o f P l a n n i n g Co m m i s s i o n D e c i s i o n ( 1 6 E N T - 0 0 6 5 ) Pl a n n i n g C o m m i s s i o n A c t i o n – P a r k i n g V a r i a n c e Pr o p o s e d P a r k i n g P l a n 12 4 8 5 t h S t r e e t - A p p e a l o f P l a n n i n g Co m m i s s i o n D e c i s i o n ( 1 6 E N T - 0 0 6 5 ) Issues of Appeal Pr o p o s e d P r o j e c t R e n d e r i n g – S o u t h ( A r i z o n a A v e n u e ) / E a s t ( 5 th St r e e t ) e l e v a t i o n s Ti m e l y a p p e a l f i l e d o n M a y 4 , 2 0 1 6 Is s u e s o f C o n c e r n : • C o n f l i c t s w i t h t h e v i s i o n , c o m p a t i b i l i t y a n d p e d e s t r i a n o r i e n t a t i o n g o a l s , a n d k e y pr e s e r v a t i o n i s s u e s a n d d i r e c t i v e s o f t h e La n d U s e a n d C i r c u l a t i o n E l e m e n t . • C o n f l i c t s w i t h t h e v i s i o n a n d p e d e s t r i a n o r i e n t a t i o n g o a l s o f t h e D r a f t Do w n t o w n C o m m u n i t y Pl a n ; • T r a n s p o r t a t i o n D e m a n d M a n a g e m e n t ( T D M ) P r o g r a m as p a r t o f t h e p r o j e c t ’ s c o n d i t i o n s o f ap p r o v a l r a i s e s q u e s t i o n s ; a n d • A d d i t i o n a l e n t i t l e m e n t s r e q u i r e d t o a l l o w g r o u n d f l o o r o f f i c e u s e . 12 4 8 5 t h S t r e e t - A p p e a l o f P l a n n i n g Co m m i s s i o n D e c i s i o n ( 1 6 E N T - 0 0 6 5 ) Appeal Analysis Pr o p o s e d P r o j e c t M o d e l – E a s t ( 5 th St r e e t ) E l e v a t i o n Co n s i s t e n t w i t h t h e La n d U s e a n d C i r c u l a t i o n E l e m e n t Su c c e s s f u l e x a m p l e o f a n e n c o u r a g e d a d a p t i v e r e u s e p r o j e c t t h a t i n t eg r a t e s h i s t o r i c p r e s e r va t i o n p r a c t i c e s i n t o su s t a i n a b l e d e v e l o p m e n t d e c i s i o n s Co n s i s t e n t w i t h t h e D r a f t Do w n t o w n C o m m u n i t y P l a n Ad h e r e s t o t h e p r o p o s e d s t r a t e g y t h a t e n c o u r a g e s a d a p t i v e r e u s e t h a t r e i n f o r c es t h e e x i s t i n g a n d u n i q u e c h a r a c t e r of D o w n t o w n . En h a n c e d T D M P l a n p r o p o s e d In c e n t i v i z e s e m p l o y e e s t o c o n s i d e r al t e r n a t i v e t r a n s p o r t a t i o n c h o i c e s a n d re d u c e s i n g l e - o c c u p a n c y v e h i c l e t r i p s . No A d d i t i o n a l L a n d U s e E n t i t l e m e n t s a r e R e q u i r e d . Pr o j e c t c o m p l i e s w i t h p r o v i s i on s o f 1 9 8 8 Z o n i n g O r d i n a n c e . 12 4 8 5 t h S t r e e t - A p p e a l o f P l a n n i n g Co m m i s s i o n D e c i s i o n ( 1 6 E N T - 0 0 6 5 ) St a f f R e c o m m e n d a t i o n St a f f R e c o m m e n d a t i o n De n y t h e a p p e a l a n d u p h o l d t h e d e c i s i o n of t h e P l a n n i n g C o m m i s s i o n t o a p p r o v e a De v e l o p m e n t R e v i e w P e r m i t a n d P a r k i n g Va r i a n c e b a s e d o n t h e f i n d i n g s a n d s u b j e c t to t h e c o n d i t i o n s d e s c r i b e d i n t h e D r a f t St a t e m e n t o f O f f i c i a l A c t i o n . Fr o n t E n t r y ( 2 0 1 6 ) Lo b b y ( 2 0 1 6 )