ITEM 12-B

Council Mtg:  March 28, 1989

TO:    Mayor and City Council

FROM:     City Staff

SUBJECT:  Appeal of Planning  Commission Approval of  Development
          Review 441, Variance 88-016, EIA 870, 1919 Santa Monica
          Boulevard to Construct a Four-story, 46,832 square-foot
          Office   Building  with  158  Parking  Spaces  provided
          On-grade and  within a  Two-level Subterranean  Parking
          Garage in the C4 zone

          Applicant:   1919 Associates
          Appellants:  Council Member Ken Genser and
                       1919 Associates

INTRODUCTION

This report recommends  that the City  Council deny both  appeals
and  uphold the Planning Commission's  approval of and conditions
for Development Review 441, Variance 88-016 and certification  of
Environmental Impact Report, EIA 870, to permit construction of a
four-story, 46,832 square-foot  office building with  158 parking
spaces.

At  the  meeting  of  January  18,  1989, the Planning Commission
approved the project with conditions  on  a  6-1  vote.   Council
Member Genser  is appealing  the approval  on the  basis that the
project   "will  have  adverse  environmental  consequences,  the
project is  not deserving  of a  variance under  the terms of the
Zoning  Ordinance and  the EIR  is potentially  inadequate."  The
applicant  is  appealing  two  of  the  project's  conditions  of
approval,  namely, that:  1) the floor area shall be reduced from
51,832  square  feet  to  46,832  square feet; and 2) circulation
between the surface  level  parking  area  and  the  subterranean
garage  shall  be  provided  on-site.   The letters of appeal are
included in Attachment A.

BACKGROUND

The  development  is  proposed  to  be  constructed  on  a 22,500
square-foot parcel  on  the  northwest  corner  of  Santa  Monica
Boulevard and 20th Street.   The project was originally  proposed
to  be four stories, 51,832 square feet with 5,622 square feet of
covered surface parking, 6,366 square feet of ground floor retail
space and  39,844 square feet  of upper level  office space.  The
applicant is now proposing an all-office scenario with no retail,
based on the  lower  traffic  generation  rates  associated  with
office rather than retail uses.

At  the  Planning  Commission  meeting  of  January 18, 1989, the
project was approved with two major conditions:  that the project
be reduced by 5,000 square  feet of rentable floor area  and that
the  parking be redesigned to provide on-site circulation between
the surface and subterranean parking levels.

A Site Review Permit is  required to permit the development  of a
four  story/56' structure with an F.A.R. of 2.5.  The development
of a three story/45' structure with an F.A.R. of 2.0 is permitted
by  Development   Review   Permit.    The   originally   proposed
development has  a height  of four  stories/56' and  an F.A.R. of
2.3,  which consists  of 2.05  F.A.R. attributable  to commercial
space and  .25 F.A.R.  attributable to  covered, surface parking.
With  the imposed reduction of 5,000 square feet of project area,
the total F.A.R. decreases to 2.08.

ANALYSIS

Variance

The project is subject to consideration under the previous zoning
code.    The  proposed  project  is   consistent  with  all  code
requirements and in  conformity with the  General Plan, with  the
exception  that 40% of  the provided parking  consists of compact
parking  spaces.   A  variance  was  approved  by  the   Planning
Commission as part of  the  application,  since  compact  parking
required a variance under the previous zoning code.  The  current
code  permits 40% compact spaces as  a matter of right.  Numerous
projects were approved under the previous zoning ordinance  which
included 40% compact parking spaces.

Environmental Impact Report

The Environmental Impact Report  (EIR) analyzed various areas  of
potential  project-related impacts, including:  land use, traffic
and circulation, noise,  shadows, sewer service  and neighborhood
effects.  The  EIR  determined  that  no  long-term,  significant
impacts would result from the project.  The EIR proposed a number
of  mitigation measures which  are included in  the conditions of
approval for the project.



Traffic and Circulation

Five intersections were analyzed in the EIR to determine detailed
level of service  and volume/capacity  ratios during  the morning
and evening peak hours  in accordance with the  Critical Movement
Analysis method  of  intersection  capacity  analysis.   The  EIR
determined that  for the  originally proposed  project of  51,832
square  feet with ground floor retail uses and upper level office
uses, there would be a significant traffic impact at 20th  Street
and Santa Monica Boulevard  under  unmitigated  conditions.   The
traffic impact would  be reduced to  an insignificant level  with
the following mitigation measures:

       -  Restripe Santa Monica Boulevard east of 20th Street  to
          accommodate a total  of six  lanes within  the existing
          pavement  width.   The   restriping  would  create   an
          exclusive right-turn  pocket  on  the  westbound  Santa
          Monica approach to 20th Street.

       -  Restripe Santa Monica Boulevard west of 20th Street  to
          shift existing lanes southward within existing pavement
          width  to  realign  with  the  restriping  east of 20th
          Street.

The analysis showed that assuming the implementation of the above
mitigation measures, the projected volume/capacity ratio would be
improved from 0.99 to 0.93 during the evening peak hour, thus not
only reducing the  traffic  impact  at  that  intersection  to  a
nonsignificant  level,  but  actually  improving  its operational
capacity.

All-Office Scenario and Related Traffic Issues

The developer  has volunteered  and the  Planning Commission  has
required  that the project be limited to office uses only with no
retail activity in order  to further reduce traffic  impacts.  An
Addendum to the EIR has been prepared (please refer to Attachment
G) to evaluate  the potential traffic  impacts associated with  a
solely office building.

The Addendum determined that an all-office project alternative at
the full scale  of  51,832  square  feet  would  not  create  any
significant traffic impacts and would not require any  mitigation
measures  to  alleviate  project-related  traffic  impacts.   The
applicant  is   requesting  that   the  mitigation   measures  of
restriping Santa  Monica Boulevard to  the east and  west of 20th
Street, if requested by the Parking and Traffic Engineer, not  be
imposed since  there  will  be  no  significant  traffic  impacts
created by the  all-office alternative.  The  Planning Commission
imposed  this  mitigation  measure  on  the  reduced,  all-office
alternative in order to improve traffic conditions.

A  more  detailed  description  and  analysis  of the project and
environmental issues is provided in the Planning Commission staff
report (please refer to Attachment C).



APPEAL ISSUES

Reduction of Building Area

The first basis  of the applicant's  appeal is that  the Planning
Commission  imposed a condition  of approval that  the project be
reduced  by  5,000  square  feet  of  rentable  floor area.  This
condition  would  reduce  the  overall  project  area,  including
covered, surface parking,  to 46,832 square  feet and the  office
area to 41,210 square feet, while reducing the F.A.R. to 2.08.

As  noted  above,  the  EIR  determined  that  there  would be no
significant, project-related, traffic  impacts  as  a  result  of
construction  of  a  51,832  square-foot, all-office development.
Although  the project would be reduced  nearly to an F.A.R. which
does not  require Site  Review, the  Planning Commission directed
that  the project could still be four stories, which does require
a Site Review Permit.

On-Site Circulation

The second basis of the applicant's appeal is the condition  that
the  project be redesigned to provide on-site circulation between
the surface and subterranean parking levels.  This redesign would
effect  a good planning  principle in that  all turning movements
between  levels  of  parking  would  be accomplished on-site.  In
staff's  judgement, the project should  support all such activity
on-site  without  requiring  a  vehicle  to  exit onto the public
right-of-way in order to move between levels of parking.



BUDGET/FINANCIAL IMPACT

The recommendation  presented in  this report  does not  have any
budget or fiscal impact.

RECOMMENDATION

It is respectfully recommended that the Council deny both appeals
and approve Development  Review  441  and  Variance  88-016,  and
certify  EIA  870  as  approved  by  Planning Commission with the
findings  and  conditions  contained  in  the  January  18,  1989
Planning Commission Statement of Official Action.

Prepared by:  Shari Laham, Associate Planner
              Paul Berlant, Director of Planning

Attachments: A. Letters of Appeal from Council Member Genser  and
1919 Associates
       B. Planning Commission Statement of Official Action, dated
          1/18/89
       C. Planning Commission Staff Report, dated 1/18/89
       D. Protest Letters, dated 3/13/89
       E. Memo  from  City  Parking  and  Traffic Engineer, dated
          1/18/89
       F. Letter  received  from  Applicant's  Representa-  tive,
          dated 1/17/89
       G. Addendum to EIR for All-Office Scenario Traffic Study
       H. Minutes of Planning Commission Meeting of 1/18/89
       I. Resolution of Certification of EIR
       J. Addendum to EIR, dated November, 1988
       K. Final Environmental Impact Report No. 870
       L. Plot Plan, Floor Plans, Elevations and Sections
SL
PC/CCDR441
$N-Date