ITEM 8-A
Council Mtg: July 24, 1990
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Introduce for First Reading an
Ordinance to Adopt a Development Agreement to Permit
the Construction of a Four Story Office Building with
Ground Floor Retail and Restaurant Uses. The
Development Agreement Permits a Maximum Floor Area
Ratio of 2.4 on a 34,200 Square Foot Site Located at
1733 Ocean Avenue. Applicant: Maguire Thomas Partners
INTRODUCTION
This report recommends that the City Council introduce for first
reading an ordinance adopting a Development Agreement for an
office building with ground floor retail and restaurant uses to
be located at 1733 Ocean Avenue. The ordinance is contained in
Attachment F. As proposed, the Development Agreement permits a
four story structure with a Floor Area Ratio (FAR) not to exceed
2.4. The Planning Commission certified the Final Environmental
Impact Report (EIR) prepared for this project, as well as for a
175 room hotel proposed by the same applicant for the site at
1746 Ocean Avenue, in June, 1989. The City Council also
certified the EIR when the hotel project was heard on appeal in
August, 1989.
BACKGROUND
In November, 1987 the applicant submitted a Development Review
application for the construction of a six story, 88,500 square
foot office project on the subject property. Following the
preparation and completion of the EIR for this project, the City
initiated the preparation of a Civic Center Specific Plan for the
area bounded by Pico Boulevard, Ocean Avenue, the Santa Monica
Freeway, and Fourth Street. In order to permit Maguire Thomas
Partners to proceed with a project which was "grandfathered" for
processing purposes under Ordinance 1441 (CCS) due to its
submittal prior to April 28, 1988 and, therefore, governed by the
development standards set forth in the Land Use Element and the
former zoning ordinance, the City entered into Development
Agreement negotiations in Spring, 1989.
In June 1989 the Planning Commission reviewed a Development
Agreement that presented four potential scenarios for the
proposed retail/restaurant/office project. One option permitted
the construction of a five story structure not to exceed 70 feet
in height with a maximum FAR of 2.4 if an approved or draft Civic
Center Specific Plan released by July, 1990 allowed this density
of development. A second option permitted a five story 70 foot
structure with a 2.4 FAR by right if the Specific Plan was not
prepared by July 1990. A third option permitted the construction
of a six story structure not to exceed 84 feet in height with a
maximum FAR of 2.6 if an approved or draft Civic Center Specific
Plan released by July, 1990 allowed this amount of development.
The fourth option involved provisions for negotiating to relocate
the project site within the Civic Center Specific Plan Area. If
the City and the applicant agreed to a relocation site, the six
story option would be permitted. However, if the applicant
rejected the relocation site without just cause, the development
would be limited to a four story structure with a maximum FAR of
2.0.
Following the Planning Commission's review of the Development
Agreement, it was determined that a General Plan Amendment would
be required to allow the construction of a project greater than 4
stories/56 feet in the Oceanfront/Rand Land Use District.
Therefore, the Planning Commission recommended that, until such
an amendment were approved, the City Council consider a
Development Agreement that permits the construction of building
not to exceed 4 stories/56 feet in height.
The applicant has elected not to proceed with a General Plan
Amendment and, instead, is seeking approval of a Development
Agreement that permits the construction of a 4 story, 56 foot
high building with a 2.4 FAR. As explained in greater detail
below, the Agreement does provide the applicant with the
opportunity to request that the Planning Commission approve
modifications to the building height only if a Draft Civic Center
Specific Plan is released that permits structures taller than 4
stories or if the General Plan is amended to allow buildings
taller than 4 stories in the Civic Center area.
PROJECT DESCRIPTION
The subject property is a 34,200 square foot parcel located on
the east side of Ocean Avenue between Pico Boulevard and Colorado
Avenue having a frontage of 228 feet. The site is currently
occupied by the Flamingo Hotel and is surrounded by a two story
commercial building to the north, a surface parking lot and the 8
story Pacific Shores Hotel at Pico and Ocean Avenue to the south,
a surface parking lot to the east, and the five story Loews Hotel
as well as the construction site of the applicant's six story
hotel to the west.
The proposed project consists of a four story, 56 foot high
structure as measured from the average grade along the Ocean
Avenue frontage. The ground floor is composed of 8040 square
feet of retail space, 5983 square feet of restaurant space
including both seating and support area, and 3872 square feet of
office space. Under the Development Agreement, the ground floor
office space is not permitted along the Ocean Avenue frontage.
The remainder of the building consists of 20,881 square feet of
office space on the second floor, 19,279 square feet of office
space on the third floor, and 14,298 square feet of office space
on the fourth floor.
Parking for the project must be provided at a ratio of one space
per 300 square feet of office space and retail space and one
space per each five seats of restaurant seating capacity. Based
on these standards, the project provides 280 parking spaces. As
permitted by the Development Agreement, the applicant may include
up to 20% of the total space as tandem stalls and up to 40% of
the total spaces as compact size stalls. This is consistent with
the current Zoning Ordinance which allows, by right, that 40% of
the total stalls provided be compact. With a Reduced Parking
Permit, developments that require 250 parking spaces or more may
have 20% of the total parking as tandem spaces provided that an
attendant is on duty during all hours of the building's
operation.
The proposed project is consistent with the Municipal Code and
the General Plan as shown in Attachment A. Further, as a
Development Agreement, specific development standards are
established that go beyond those required of other, similar
projects.
ENVIRONMENTAL IMPACT REPORT CERTIFICATION
An Environmental Impact Report was prepared for both the subject
project and for the hotel development proposed by the same
applicant for the site at 1746 Ocean Avenue. The Planning
Commission approved the hotel development and certified the EIR
that analyzed both development projects in June, 1989. This
approval and certification were subsequently appealed to the City
Council. The City Council upheld the certification of the EIR by
a 4-1 vote and sustained the approval of the project by a 3-2
vote. The Council minutes are contained in Attachment B. The
Resolution certifying the EIR is contained in Attachment C. The
Notice of Determination on the EIR is contained in Attachment D.
The EIR analyzed a number of areas of potential project-related
impacts including: land use, light and glare, shadows,
aesthetics, utilities, traffic and circulation, parking, and
neighborhood effects. In addition, the EIR was based on a six
story, 88,500 square foot office project, providing ground floor
retail and restaurant uses, with a 2.6 FAR. The document
concluded that the project would not generate any significant
adverse environmental impacts that could not be mitigated. The
recommended mitigation measures have been incorporated into the
Development Agreement. In that the project now before the
Council has been reduced to a four story, 72,353 square foot
structure with a 2.12 FAR, that the Development Agreement limits
the project to a maximum FAR of 2.4, and that the retail and
restaurant square footage and restaurant seating have not
increased, Planning staff believes that the EIR adequately
assesses potential project related impacts and that the
recommended mitigation measures are still appropriate.
DEVELOPMENT AGREEMENT
Civic Center Specific Plan
It is currently anticipated that the Civic Center Specific Plan
will be sufficiently complete by January 2, 1990 to enable the
City to review the subject project and determine its consistency
with the Specific Plan. If the Plan is released for public
review by this "Target Date" then the developer will have the
opportunity to request certain modifications to the project,
provided such modifications are consistent with the Draft Civic
Center Specific Plan. The Planning Commission will have the
jurisdiction to review and approve these modifications. For
example, if the Specific Plan permits, the developer could
request approval of a fifth story and the Planning Commission
would determine if this change is appropriate. If the Specific
Plan is not released by the Target Date, the developer is
permitted to proceed to obtain permits for the four story office
building.
Project Design
As set forth in the Development Agreement, the project shall
incorporate a minimum 20 foot front yard setback along the Ocean
Avenue frontage. However, if certain requirements are met, the
developer shall provide a 35 foot setback. These requirements
stipulate that the City must vacate the 20 foot wide First Court
Alley by the Target Date. The vacation will enable the developer
to utilize 15 feet of the alley to construct the project. This
will result in a wider Ocean Avenue setback which, through a
recorded Agreement, will become a public access easement. The
developer will remain owner of the easement and will be
responsible for its maintenance.
The project design is consistent with Land Use Element policy
3.5.1 which encourages the use of balconies and terraces in the
Oceanfront area in that the project includes balconies and
terraces at each level and along all building elevations. An
open arcade is located across the ground floor of both the west
(Ocean Avenue) and east facing elevations. The building design
is dominated by four, irregularly placed, tower elements located
at each building corner. Balconies are provided at various
points at the second and third floors. The fourth floor is the
smallest level, with the most substantial use of set backs and
large terraces. The use of balconies, terraces, and set backs
enhances the overall design, increases the project's
articulation, and balances the building's massing.
East/West Street Dedication
The City has been considering the construction of an east/west
street through a portion of the developer's property. The
developer, therefore, may be required to dedicate to the City an
area not to exceed 28 feet in width along either the northern or
southern property lines. The City must notify the developer a
minimum of six weeks prior to the Target Date whether a street
dedication will be required and along which portion of the
property. If the City fails to notify the developer then the
developer shall automatically place the street dedication area as
well as the parking garage access, along the southern property
line.
Project Modifications
The Development Agreement establishes procedures by which the
developer may modify certain aspects of the project. Upon
approval of the Planning Commission, the developer may request
additional building height if, prior to receipt of building
permits, either the Land Use Element is amended to allow
buildings taller than four stories in the Civic Center area, or
if the final Civic Center Specific Plan adopted by the City
Council allows structures taller than four stories in the plan
area.
The Development Agreement does not permit the developer to
increase the project FAR to over 2.4 or change the permitted uses
and square footage allocations. In addition, the City cannot
require the developer to reduce the project FAR to below 2.4 or
reduce the project height to below 56 feet. However, issues such
as building set backs, massing, or parking access may be modified
by the Planning Commission within certain parameters.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report has a beneficial
budget impact in that a $250,000 fee is required to pay this
development's share of beachfront and Civic Center area
improvements. The purpose of this new fund is to enhance the
beach area and provide social services in the Civic Center area.
These improvements will benefit the community at large as well as
the developer.
RECOMMENDATION
It is respectfully recommended that the Council introduce for
first reading an ordinance adopting the Development Agreement.
FINDINGS
1. The Development Agreement is consistent with the
objectives, policies, general land uses and programs
specified in the General Plan and any applicable specific
plan in that Land Use Element Policy 1.5.6 permits
projects of 4 stories/56 feet with a Floor Area Ratio of
up to 3.0 in the Oceanfront/Rand Land Use District while
the proposed project is 4 stories/56 feet with a Floor
Area Ratio not to exceed 2.4, and that increases in the
project height will be permitted only if a Draft Civic
Center Specific Plan, currently in preparation, or an
amended Land Use Element permits buildings taller than
four stories. In addition, the design of the project is
consistent with Land Use Element policies 3.5.1 and 3.5.2
which encourage the inclusion of terraces for ocean
viewing and encourage the extension of east-west streets
to improve coastal access in that the project includes
numerous balconies and terraces at each level and along
all building elevations and that the project will
facilitate the addition of an east-west right-of-way along
one side of the project site. Further, the project is
consistent with Circulation Element policy 4.3.7 which
requires that new driveways and mid block access points be
limited in that the primary ingress and egress to the
project's subterranean garage will be from either the
east-west street or from the alley.
2. The Development Agreement is compatible with the uses
authorized in the district in which the real property is
located in that the Oceanfront/Rand Land Use District
permits visitor serving uses, such as retail and
restaurants, as well as office development, encourages the
inclusion of uses that will promote day and night
pedestrian activity, and encourages development projects
that incorporate terraces and balconies into the project
design. In addition, the Development Agreement allows the
project to be integrated into the Civic Center Specific
Plan currently in preparation in that it provides the City
with opportunity to review modifications to the project as
currently proposed and approve those changes only if they
are found to be consistent with the Specific Plan.
3. The Development Agreement is in conformity with the public
necessity, public convenience, general welfare, and good
land use practices in that it insures that the project is
consistent with the Land Use and Circulation Element, that
any modifications will be consistent with the Civic Center
Specific Plan, currently in preparation and that the
proposed project will be required to mitigate all traffic
and circulation impacts that have been identified to be
significant in the Environmental Impact Report. All
recommended mitigation measures have been incorporated
into the Development Agreement.
4. The Development Agreement will not be detrimental to the
health, safety and general welfare in that the project is
proposed to be an in-fill of an already developed area
with all necessary services and infrastructure
preestablished.
5. The Development Agreement will not adversely affect the
orderly development of the property in that it has been
prepared with consideration to the integration of the
project in the overall plan for the area and that changes
to the project, which is already consistent with the Land
Use Element, may be permitted only if found to be
consistent with the Civic Center Specific Plan.
6. The Development Agreement will have a positive fiscal
impact on the City in that, according to the Environmental
Impact Report prepared for the project, the development
will generate a yearly net revenue of approximately
$35,000, and that, as stipulated in the Development
Agreement, the developer will contribute $250,000 to a
special Civic Center and Ocean front improvement fund.
Prepared by: Paul Berlant, Director of Planning
Suzanne Frick, Principal Planner
Amanda Schachter, Associate Planner
Planning Division
Community and Economic Development Department
Attachments: A. Municipal Code and General Plan Conformance
B. City Council Minutes, 8-22-90
C. Resolution Certifying the EIR
D. Notice of Determination on the EIR
E. Development Agreement
F. Ordinance Adopting the Development Agreement
G. Project Plans
NOTE: Attachments B and D through G are not available on PEN,
but may be obtained from the City Clerk's office.
ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
Category Municipal Code Land Use Project
Element
Permitted Use CA: Permits Oceanfront Office/Retail
Office, Retail Rand: Restaurant
& Restaurant Permits Development
Uses Office Uses
Visitor
Serving
Uses
Height 6 Stories/90' 4 Stories/ 4 Stories/56'
56'
Setbacks
Frontyard 20' N/A 35'
Sideyard None Required N/A North Side:
5'
South Side
28" from
existing
property line to
accommodate
proposed new
right of way
Rearyard None Required N/A 5'
F.A.R. 3.3 3.0 2.12
Not to exceed
2.4
Parking Office: 58,330 sq.ft. Conventional:
1/300 sq.ft.= 179 Spaces
195 spaces Tandem:
Retail: 8040 sq.ft. 107 Spaces
1/300 sq.ft.=
27 spaces
Restaurant: 250 seats
1/5 seats=
50 spaces
Support: 2266 sq.ft.
1/300 sq.ft.=
8 spaces
Total = 280 spaces
Loading Spaces 2 Spaces
ATTACHMENT C
RESOLUTION NO.
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
ON THE 1733 OCEAN AVENUE OFFICE BUILDING
AND THE 1746 OCEAN AVENUE HOTEL
WHEREAS, a Notice of Preparation of an Environmental Impact
Report was issued in February, 1988; and
WHEREAS, a Notice of Completion of a Draft Environmental
Impact Report was published in August, 1988, in compliance with
the California Environmental Quality Act and the City of Santa
Monica CEQA Guidelines; and
WHEREAS, in February, 1989, the Final Environmental Impact
Report was published; and
WHEREAS, on August 22, 1989 the City Council, as Lead City
Agency, reviewed the Final Environmental Impact Report,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council has reviewed and considered the
Final Environmental Impact Report on the 1733 Ocean Avenue Office
Building and the 1746 Ocean Avenue Hotel prior to acting on the
project.
SECTION 2. The City Council certifies that the
environmental review for the project was conducted in full
compliance with State and City CEQA Guidelines, that there was
adequate public review of the Draft Environmental Impact Report,
that it has considered all comments on the Draft Environmental
Impact Report and responses to comments, that the Final
Environmental Impact Report adequately discusses all significant
environmental issues, and that the City Council has considered
the contents of the Final Environmental Impact Report in its
decision-making process.
SECTION 3. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
________________________
ROBERT M. MYERS
City Attorney