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CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL ACTION
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PROJECT CASE
NUMBER: Appeal of Development
Review Permit 02-011 LOCATION: 808 Wilshire Boulevard APPLICANT: Douglas Emmett and Company APPELLANT: Douglas Emmett and Company CASE
PLANNER: Gina Szilak, Assistant
Planner REQUEST: Appeal 02APP-027 of the
Planning Commission’s Denial of Development Review Permit 02-011 amending the
conditions of approval of Development Review Permit 467 to allow the
conversion of a service station and three auto repair bays to general office,
retail or other general commercial uses. The project also includes the
provision for up to 100 parking spaces for patrons, cast and crew of the
Miles Playhouse located in Reed Park. As proposed, the parking spaces, which
would be shared with tenants and visitors to the building, would be available
Thursday and Friday evenings from 6:00 p.m. until 11:00 p.m. and on Saturdays
and Sundays for up to two shows per day.
CEQA STATUS: The project is categorically exempt from the provisions of
the California Environmental Quality Act (CEQA) pursuant to Class1, Section
15301(a) of the State Guidelines in that the project involves the minor
alteration of an existing private building with no expansion of use. The proposed project involves the remodeling
and change of use of a vacant 4,972 sq. ft. service station to office and/or
retail uses. The vacant service station is located within an existing 75,000
sq. ft. office/retail building. The
project also includes the shared use of up to 100 existing parking spaces. |
CITY
COUNCIL ACTION
July
8, 2003 Date.
x Approved based on the following
findings and subject to the conditions below.
EFFECTIVE DATE OF ACTION:
July 8, 2003
EXPIRATION
DATE OF ANY PERMIT GRANTED:
July 8,
2004
LENGTH OF
ANY POSSIBLE EXTENSION OF EXPIRATION DATES:
Any
request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit:
6-months
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 evidence 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.
DEVELOPMENT REVIEW FINDINGS
- The physical location,
size, massing, and placement of proposed structures on the site and the
location of proposed uses within the project are compatible with and
relate harmoniously to surrounding sites and neighborhoods, in that, in
that the building is located on Wilshire Boulevard, which is characterized
by a range of commercial development, including office buildings with
similar building heights as approved by the Council; and that the proposed
development, with its 2.5 FAR and four-story height along Wilshire
Boulevard, will step down to a 1.5 FAR with heights of three-stories and
one story along Lincoln Boulevard and to a one story height above the
service station area, will provide an adequate amount of landscaping and
open space adjacent to street level and on the interior of the site, and
provide an appropriate transition between the commercially-zoned parcels
along Wilshire and Lincoln Boulevards and the residentially-zoned parcels
located to the east along Ninth Street. During the 1980s, Santa Monica had
seen the redevelopment of several corner parcels, which resulted in a
decline in the number of neighborhood service stations. The project, as originally proposed,
included the replacement of an existing service station at the site in
order to serve the local neighbors. However,
if the service station and auto repair bays were to remain and become
operational, current compliance with standards of the South Coast Air
Quality Management District, the California Air Resources Board and the
Santa Monica Fire Department would require facility upgrades that may pose
significant structural changes.
Converting this area to other commercial use may benefit or serve
the nearby neighborhood or the visitors to Reed Park to a greater degree
in that an office, retail or other type of pedestrian serving use would
pose less of an environmental impact to the community. In
addition, as proposed by the applicant, the parking provided to the staff,
crew and patrons of the Miles Playhouse (located within Reed Park) will
help free up the limited supply of on-street parking in the area as Miles
Playhouse does not have off-street parking.
2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the site design will provide adequate driveway and parking facilities and the site is adjacent to two improved arterial streets: Wilshire and Lincoln Boulevard.
3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the project is proposed to be an in-fill of an already developed area with all necessary services and infrastructure already in place. For the service station to begin operation today, the City’s Fire Department and Environmental Programs Division concur that the service station would require substantial upgrades and major modifications to the project site to bring the facility into compliance with current City and State requirements.
4. 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 if the existing service station space is converted to office uses, additional fees of approximately $42,809 would be due to the City.
5.
The project is generally consistent with the Municipal Code
and General Plan, in that any proposed new use of the existing service station
facility will be consistent Santa Monica Municipal Code Section 9.04.08.22.020
with the exception of those uses prohibited by this permit.
6. Reasonable mitigation measures have been included for all
adverse impacts identified in the Environmental Impact Report, in that all
reasonable mitigation measures identified in the Environmental Impact Report
were incorporated in the conditions of approval for the project.
CONDITIONS
Plans
1.
This approval is for those plans dated 11/10/89 as reviewed
by the City Council on 01/16/90, a copy of which shall be maintained in the
files of the City Planning Division.
The 02DR011 revisions are contained within plans dated May 8, 2003 for
location of ground floor neighborhood serving uses. Project development shall be consistent with such plans and the
project application, except as otherwise specified in these conditions of
approval. These conditions shall replace and supersede prior conditions
established by DR 467.
2.
The Plans shall comply with all other provisions of Chapter
1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent
ordinances and General Plan policies of the City of Santa Monica.
3.
Final parking lot layout and specifications shall be subject
to the review and approval of the Parking and Traffic Engineer.
4.
Minor 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.
Fees
5.
The City is contemplating the adoption of a Transportation
Management Plan, which is intended to mitigate traffic and air quality impacts
resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation
requirements, including one-time payment of fees on certain types of new development,
and annual fees to be paid by certain types of employers in the City. This ordinance may require that the owner of
the proposed project pay such new development fees, and that employers within
the project pay such new annual employer fees related to the City’s
Transportation Management Plan.
6.
To mitigate solid waste impacts, project owner shall submit
a recycling plan to the Department of Environmental and Public Works Management
for its approval. The recycling plan
shall include 1) list of materials such as white paper, computer paper, metal
cans, and glass to be recycled; 2) location of recycling bins; 3) designated
recycling coordinator; 4) nature and extent of internal and external pick-up
service; 5) pick-up schedule; 6) plan to inform tenants/occupants of service.
7.
To mitigate circulation impacts, project owner shall submit
a transportation demand management plan to the Department of Environmental and
Public Works Management for its approval.
This plan shall include: 1) Name, address and telephone number of
designated person(s) responsible for coordinating transportation demand
management measures to be employed at the development. 2) Demand management measures to be employed
at the site to reduce circulation impacts, which would otherwise occur. Such measures may include, but art not
limited to programs addressing: A.
Education and Marketing to alert employees and visitors to the site to
demand reduction programs and incentives; B.
Parking Management such as parking charges for single-occupant vehicles,
reduced rates for care and vanpools; C.
Ridesharing programs such as a rideshare matching program, incentives,
and car and vanpool subsidies; D. Transit programs such as provision of bus
schedules to employees and visitors, subsidized bus tokens and passes to
employees and visitors; E. Bicycling
programs such as provision of secure bicycle storage facilities, provision of
showers and lockers; F. Alternative
Work Schedules for building employees to avoid peak AM and PM traffic hours and
reduce overall trips; G. Trip Length
Reduction by programs to increase proportion of employees residing within three
miles of the project site. The goal of
the Transportation Demand Management Plan shall be to reduce vehicle trips
which would otherwise occur by twenty percent.
8.
Landscaping plans shall comply with Subchapter 5B
(Landscaping Standards) of the zoning ordinance including use of
water-conserving landscaping materials, landscape maintenance and other
standards contained in the Subchapter.
Miscellaneous Conditions
9.
The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32 square feet).
10.
The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by reason of lights,
noise, activities, parking or other actions.
11.
No medical office use shall be permitted at the site.
Validity of
Permits
12. Within
ten days of City Council transmittal of the Statement of Official Action,
project applicant shall sign and return a copy of the Statement of Official
Action prepared by the Planning Division, agreeing to the Conditions of
approval and acknowledging that failure to comply with such conditions shall
constitute grounds 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 Planning Division. Failure to
comply with this condition shall constitute grounds for potential permit
revocation.
Special Conditions
13. To
mitigate adverse height, bulk, and traffic impacts of the project as identified
in the EIR and by the Commission and Council on appeal, the building height
shall not exceed four stories/56 feet along Wilshire Boulevard and shall step
down to three stories/45 feet along Lincoln Boulevard. The project shall be remanded back to the
Planning Commission for further review as indicated herein. Floor area shall be limited to a maximum of
75,000 square feet with a maximum 2.5 FAR in the Wilshire Corridor District and
1.5 FAR (2.00 overall average) in the Lincoln-North District. A
minimum of 50% of the ground floor shall contain retail uses consistent with
the category of retail uses permitted in the C6 and C4 Districts and General
Plan Districts. The interior courtyard shall be maintained on the site. Ingress/Egress to the subterranean garage
shall be provided from Lincoln Boulevard and/or Wilshire Boulevard only. The interior courtyard shall be maintained on the
site. Ingress/Egress to the
subterranean garage shall be provided from Lincoln Boulevard and/or Wilshire
Boulevard only.
14. On-site
parking shall be provided without charge to tenants and employees at the
project site unless and until such time as a preferential parking district is
established in the project area, which in the judgment of the Planning Director
and Parking and Traffic Engineer will adequately protect neighborhood residents
from potential parking impacts of the project.
15. To
mitigate traffic impacts identified in the environmental impact analysis, no
medical office, or branch bank uses shall be permitted in the project.
16. If
requested by the Santa Monica Transportation Department, project owner shall
provide and maintain a bus shelter built to City specifications along the
Wilshire and Lincoln frontage of the project to facilitate use of bus transit
by project employees and visitors.
17. The
exterior building materials shall be light in color. No mirrored or darkly-tinted glass shall be used on the exterior of
the building. The ARB shall pay
particular attention to these elements of the development.
18.
The development of a restaurant or other eating
establishments that contain more than 50 seats or includes the sale of on-sale
alcoholic beverages shall require further Planning Commission review approval.
19. The
ground floor retail uses shall be pedestrian oriented uses that emphasize and
encourage neighborhood resident use.
Retail or pedestrian serving uses shall constitute at least 50%
of the ground floor uses. The developer
shall work cooperatively with City staff, neighborhood in identifying
appropriate tenants and uses. The
development of a restaurant or other eating establishment that contains more
than 50 seats or includes the sale of on-sale alcoholic beverages shall require
further Planning Commission review/approval.
20. In
accordance with Part 9.04.10.12 of the Santa Monica Municipal Code, prior to
issuance of a building permit to the
convert gas station space to office, the developer shall execute an
in-lieu fee for housing and parks equal to $2.25/sq. ft. for the first 15,000
sq. ft. of net rentable office floor area and $5.00/sq. ft. for the remaining
net rentable office floor area. This
fee shall be adjusted for inflation by the percentage change in the Consumer
Price Index (“CPI”) between October 1984 through the month in which the payment
is made. Upon mutual agreement of the
developer and the City, the developer may satisfy the Project Mitigation measures
by providing low and moderate income housing or developing new park space on or
off the project site. To fulfill this
obligation an agreement shall be secured in writing by the developer and
approved by the City Attorney and City staff prior to issuance of a building
permit. This one time fee shall be
based upon conversion of the 4,972 square foot gas station space to office at
the current rate for offices square footage above 15,000 sq. ft., and is due to
the City of Santa Monica prior to issuance of a business license or building
permit, or upon any other means the space is converted to an office use.
21. A minimum of 50% of the ground floor space shall be pedestrian oriented retail and neighborhood serving uses The ground floor spaces fronting on Wilshire, including the tenant space to the west of Lincoln Court alley; the tenant space located in the northwest corner of the building at the intersection of Lincoln and Wilshire Boulevards; and the tenant space along Lincoln Boulevard just south of the building’s entry staircase and north of the driveway to the subterranean parking area, shall contain pedestrian oriented or retail uses. Pedestrian oriented uses on the ground floor shall be as follows: 33 feet along Wilshire Boulevard east of the Wilshire Boulevard entry lobby; 48 feet along Wilshire Boulevard west of the Wilshire Boulevard entry lobby; and 42 feet along Lincoln Boulevard except where lease depths may be interrupted by fixed core building elements such as exit stair shafts or mechanical shafts. The former service station square footage may include a pedestrian serving use or other general commercial use. However the minimum 50% requirement for pedestrian oriented use at the ground floor street frontage along Wilshire Boulevard and Lincoln Boulevard does not mandate such a use within this space.
22. Plans dated May 8, 2003 indicate a depth of
retail or pedestrian serving uses on the ground floor that extend from Wilshire
and Lincoln Boulevard street frontages toward the building’s interior. These lease areas fall within existing
suites and exclude the interior atrium, hallways and elevator areas. The uses within these suites shall be retail
or such uses that are consistent with pedestrian or neighborhood serving uses.
VOTE
Ayes: Bloom, Feinstein, Genser, Holbrook, Katz, McKeown, O’Connor,
Nays None
Abstain: None
Absent: None
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.
Signature
___________________________
MARIA M. STEWART, City Clerk Date
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