ITEM 12-B
Council Mtg: September 12, 1989
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal of Planning Commission Approval of Development
Review 468, Conditional Use Permits 524 and 528, ZA
5382-Y and 5382A-Y, Tentative Tract Map 46411 and EIA
878 for a 4-Story, 47,990 Square Foot Office Building
and 2-Story Plus Loft, Seven Unit Condominium to be
Located at 2919-2923 Wilshire Boulevard. Applicant:
Jovet, Inc. Appellant: Conrad Melilli for Mid-City
Neighbors.
INTRODUCTION
This report recommends that the City Council deny the appeal, and
uphold the Planning Commission's approval of DR 468, CUP 524 and
528, ZA 5382-Y and 5382A-Y, TTM 46411 and EIA 878 for a 4-story,
47,990 square foot office building and 2-story plus loft, seven
unit condominium. The Planning Commission approved the project
by a 5-1 vote on May 24, 1989. Conrad M. Melilli, for Mid-City
Neighbors, is appealing that decision (Attachment A).
BACKGROUND
The 4-story/50', 47,990 square foot office building is proposed
for a 22,100 square foot parcel located on the northwest corner
of Stanford Street and Wilshire Boulevard. The site is located
in the C4 zoning district and the Wilshire Corridor General Plan
Land Use District. The 2-story + loft/30', seven unit
condominium is proposed for the adjacent 10,200 square foot
parcel. The site is located in the R2A zoning district and Low
Density Residential General Plan Land Use District.
As designed, the 4-story office building will reach a height of
50', and will be constructed over a two level subterranean garage
that will accommodate 178 cars. The subterranean garage will
encroach into the adjacent R2A zoned parcel, under the proposed
seven unit condominium. Access to the subterranean garage will
be taken from Wilshire Boulevard, and access to two loading
spaces and trash bins will be taken from Stanford Street.
The proposed condominium will be constructed on the adjacent R2A
zoned parcel located directly to the north of the commercial
site. Subterranean parking for 14 cars will be provided, with
access taken off of Stanford Street. A more detailed description
of the commercial and residential projects may be found in the
Planning Commission staff report dated May 17, 1989 (Attachment
B).
The subject proposal appeared before the Planning Commission on
two separate occasions. At the January 25, 1989 Planning
Commission meeting, concerns were raised regarding proposed
traffic mitigation measures, and the building's design. At the
Commission's request, an addendum to the EIR was subsequently
prepared to review additional traffic mitigation measures, and
the building was redesigned. On May 24, 1989 the Planning
Commission approved the revised proposal and certified the EIR
and Addendum to EIR by a vote of 5-1 (Attachment C).
ANALYSIS
The proposed 4-story/50', 47,990 square foot office building, and
7-unit condominium are being reviewed under the previous zoning
ordinance in that the applications for development were deemed
complete prior to April 29, 1988 (the deadline imposed under
Ordinance 1441).
The General Plan Land Use and Circulation Element, Policy 1.6.1,
permits a maximum FAR of 2.5, or 3.0 with site review, and a
maximum height of 4 stories/56', or 6 stories/84' with site
review. The subject proposal has an FAR of 2.17 and a maximum
height of 4 stories/50'.
At the time the application for development of the office
building was submitted, the previous zoning ordinance did not
permit the use of compact parking spaces. A variance was granted
by the Planning Commission to allow 40% of the required parking
spaces to be compact spaces. It had been City policy for a
number of years to permit 40% of the total number of parking
spaces to be compact. The new zoning ordinance permits this by
right.
A conditional use permit was granted to allow the subterranean
garage for the office building to encroach into the adjacent
residential district, under the proposed condominium. A variance
was also granted to permit a 4' unexcavated side yard to not be
provided along one side property line of the residentially zoned
parcel. The subterranean garage for the office building extends
to within 6" of the northern property line of the R2A zoned
parcel, thereby precluding a fully unexcavated side yard. A
planting area 7'-6" wide and 8'-0" deep is, however, available.
General Plan Land Use Element Policy 3.2.1 states that "allowable
height limits for commercial and industrial uses should step
down, or otherwise relate to the height limit of the adjacent
residential zone, to reduce visual intrusion, shading and scale
incongruity". Furthermore, Policy 3.2.2 states that "where
commercial uses abut residential uses, there should be an
appropriate transition such as a landscaped setback, or service
alley and screen wall".
The subject proposal does provide a transition between the
Wilshire Corridor and the R2, multi-family residential, district
to the north. The third and fourth floors of the proposed office
building are each stepped back approximately 7.5' along the
northern elevation. In addition, a portion of the building's
eastern elevation is set back from the property line in a "saw
tooth" fashion creating an additional landscape area. The saw
tooth pattern is carried through the first and second floors of
the building's eastern elevation, with the third floor stepping
back 7.5' in a similar manner. The fourth floor of the eastern
elevation is then further stepped back making use of a circular
design element. All terraces created as a result of the
stepbacks are proposed to be landscaped. By stepping the third
and fourth floors of the office building back, and proposing
extensive landscape planters, the visual impact of the office
building should be lessened. The use of a 20' service alley
adjacent to the R2A zoned parcel should further mitigate the
impact of the office building on adjacent residences. In
addition, the Planning Commission required, as a condition of
approval, that the fourth floor of the office building be stepped
back an additional 3' along the Wilshire Boulevard (southern)
elevation.
General Plan Circulation Element Policy 4.3.7 states that "new
driveways and mid-block access points shall be limited,
especially along major roads." Policies 4.2.2 and 4.2.3 of the
Circulation Element, however, direct that access points be
located in such a way as to minimize traffic utilization of local
residential streets. Access to the proposed subterranean garage
would be taken from Wilshire Boulevard in this case. By taking
access to the subterranean garage from Wilshire Boulevard,
instead of Stanford Street, which is predominately residential in
nature, the potential intrusion of commercial traffic into a
residential neighborhood is limited.
The proposed 47,990 square foot office building would require a
total of 160 parking spaces. A total of 178 parking spaces are
provided, including 49 compact parking spaces and 5 handicapped
spaces. Two loading spaces are required, and two are proposed.
The proposal to extend the subterranean garage into the adjacent
residential district will not effect the overall height of the
proposed condominium, and will be wholly subterranean as defined
in the municipal code. The R2A portion of the site has an
average natural grade of 226.75' (mean sea level, msl) as
measured from the four corners of the building, and the finished
first floor of the condominium is at 229.75' (msl). The
subterranean parking for the condominium and commercial building
is, therefore, considered to be completely subterranean. (A
three foot above grade allowance is permitted per the Zoning
Ordinance.)
The Environmental Impact Report analyzed various areas of
potential project-related impact, 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. These have been included in the list of
recommended conditions of approval for the project.
The following five intersections were analyzed in the EIR to
determine detailed level of service and volume/capacity (V/C)
ratios during the morning and evening peak hours in accordance
with the Critical Movement Analysis method of intersection
capacity analysis:
Wilshire Boulevard and Berkeley Street
Wilshire Boulevard and Yale Street
Santa Monica Boulevard and Yale Street
Colorado Avenue and Stewart Street
Wilshire Boulevard and 26th Street
The analysis estimated that a 49,380 square foot office building
(47,990 sq.ft. is now proposed) and seven townhouse units would
generate 120 vehicle trips during the a.m. peak hour, 120 vehicle
trips during the p.m. peak hour, and 850 average daily trips.
The City defines a significant traffic impact as one which
results in an increase of 0.02 or greater in the V/C ratio of an
intersection when that intersection is projected to operate at a
level of service of E or F.
As shown in Table 8 of the Addendum to the EIR (Attachment G), an
all office scenario of 49,380 square feet would not significantly
impact any of the intersections studied.
The proposed two story + loft/30', seven unit condominium meets
all applicable planning and zoning requirements. All units will
be configured as townhomes, each with two bedrooms, two bath-
rooms, a loft and roof deck. Access to the units will be avail-
able from the subterranean garage by individual stairway, and by
a ground level walkway located along the building's northern
elevation. All units will have approximately 2,100 square feet
of floor area.
APPEAL ANALYSIS
According to the letter of appeal filed June 6, 1989, the
following concerns were raised as the basis for appeal (staff
responses are provided to each statement):
1. "The variance for parking under the residentially zoned
portion of the site should not be granted."
A Conditional Use Permit was specifically requested, and
subsequently approved by the Planning Commission, to permit
the subterranean garage for the commercial building to
encroach into the residential district. Under the previous
zoning ordinance, specifically SMMC 9148A, a commercial use
may extend into a multiple residential district provided
specific conditions are met. The subject proposal meets all
those conditions (see page 5, paragraph 2 of Attachment B).
2. "There should be six feet or more between residential and
commercial."
The commercial building exceeds the required rear yard
setback of 18.6' with a 20' setback from the rear property
line. The residential condominium provides the minimum
required side yard setbacks of 7.5' along both side property
lines. A total distance of 27.5' separates the commercial
building from the residential condominium.
3. "Yale and Wilshire already [have] an "F" rating, and
therefore, this project should be reduced by 50%".
The Amended Traffic and Circulation Analysis indicates that
under cumulative base conditions, four of the five
intersections studied have a Level of Service (LOS) of "F"
during the pm peak hour. The project does not increase the
volume to
capacity ratio by more than 2% at those intersections,
therefore, no significant impacts directly result from the
project.
4. "There should also be setbacks, and not over three stories."
The commercial and residential components meet or exceed all
required setbacks. In addition, the commercial building has
additional stepbacks along the third and fourth floors of the
northern and eastern elevations, and along the fourth floor
or the southern elevation. The building is allowed to reach
a maximum height of 4 stories/56', and with site review, 6
stories/84'. The proposed commercial building meets the code
requirements in effect at the time the application was deemed
complete, with a maximum height of 4 stories/50'.
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 the appeal
and uphold the decision of the Planning Commission to approve
Development Review 468, Conditional Use Permits 524 and 528 ZA
5382-Y and 5382A-Y, Tentative Tract Map 46411 and Certify EIA 878
with the findings and conditions contained in the May 24, 1989
Planning Commission Statement of Official Action.
Attachments: A. Appeal Letter dated June 6, 1989
B. Planning Commission Staff Report dated
May 17, 1989
C. Planning Commission Statement of Official Action
dated May 24, 1989
D. City Council Resolution Certifying EIR
E. Correspondence
F. Project Plans
G. Final EIR and Addendum to EIR
Prepared by: Larry Miner, Associate Planner
D. Kenyon Webster, Principal Planner
Paul Berlant, Director of Planning
NOTE: Attachments are not available on PEN, but may be obtained
from the City Clerk's office.