M I N U T E S
SPECIAL MEETING OF THE PLANNING COMMISSION
OF THE CITY OF SANTA MONICA
Founded 1875
"Populus felix in urbe felici"
WEDNESDAY, APRIL 26, 1995 KEN EDWARDS CENTER
7:00 P.M. 1527 4TH STREET, ROOM 103
1. CALL TO ORDER: The meeting was called to order at 7:05
p.m.
2. PLEDGE OF ALLEGIANCE: Due to the lack of a flag, the
Pledge of Allegiance was not said.
3. ROLL CALL: Present: Lou Moench
Eric Parlee
Thomas Pyne
Kathy Weremiuk (arrived at 7:30 p.m.)
John Zinner
Absent: Kenneth Breisch
Also Present: Paul Casey, Transportation Planner
Kyle Ferstead, Commission Secretary
Suzanne Frick, Director of
Planning/PCD
Ron Fuchiwaki, City Parking & Traffic
Engineer
Karen Ginsberg, Planning Manager/PPA
David Martin, Associate Planner
Jamal Rahimi, Senior Traffic Engineer
Mary Strobel, Deputy City Attorney
4. APPROVAL OF MINUTES: Minutes were not submitted for
approval.
5. PLANNING DIRECTOR'S REPORT:
Ms. Frick gave the Director's Report. She reported that
the Commission will be having a Study Session on May 3,
1995 at 6:30 p.m. to hear a presentation on the City's
Breakwater project by staff and representatives from the
US Army Corps of Engineers. In City Council action, Ms.
Frick reported that the Light Manufacturing Special
District was approved on April 25, 1995, as submitted with
the addition of permitted transitional and congregate
housing in the district and changing the artist studios
FAR to 1.5.
Commissioner Parlee asked for a definition of congregate
housing. Ms. Frick explained that congregate housing has
shared kitchen facilities, is deed restricted, and
provides various services in common areas.
6. STATEMENTS OF OFFICIAL ACTION: Consent Calendar
7. PUBLIC HEARINGS: Consent Calendar
7-A: Resolution of Intention to Amend the Official Districting
Map to Establish the Bayside Commercial Zoning District in
Portions of the Existing C3 and C3C Districts.
Staff Report
Commissioner Parlee made a motion to approve item 7A
as submitted. Commissioner Zinner seconded the
motion.
Commissioner Moench made a motion to allow a member of
the public to speak on the resolution. Chair Pyne
seconded the motion, which failed in a voice vote.
The motion was approved by voice vote.
8-A: Planning Commission Review of Bayside District Specific
Plan and Alternative Roadway Configuration Final
Environmental Impact Report (FEIR), Revised Sections of
Final Environmental Impact Report, and Amendment of
Article IX of the Santa Monica Municipal Code to Establish
the Bayside Commercial Zoning District in Portions of the
Existing Third Street Mall Specific Plan Area, the C3
District, and the C3C District. The FEIR examines the
impacts of revised development standards and permitted
uses as well as an expansion of the Specific Plan area
boundaries. In addition, the FEIR examines the impact of
alternative roadway configurations for streets in and
around the project area. Significant and/or potentially
significant environmental effects of this project include
traffic and air quality. (Planner: David Martin)
Chair Pyne stated for the record that the public
hearing is closed. Mr. Martin gave a staff report.
Commissioner Zinner stated that there are two or three
major issues to be discussed: the EIR, the Land Use
Circulation and the Urban Design Plan. The Commission
discussed which issue to begin their discussions and
staff recommended that the Commission begin with the
land use issues, then handle the traffic and
circulation issues.
Chair Pyne stated that the EIR must be acted upon
first. Commissioner Parlee made a motion for approval
of certification of the EIR to City Council.
Commissioner Zinner seconded the motion.
The certification of the EIR was approved by the
following vote:
AYES: Moench, Parlee, Pyne, Zinner; ABSENT: Breisch,
Weremiuk.
Commissioner Zinner asked about discussing the Urban
Design Plan for the Bayside District. Ms. Frick
recommended that this issue be deferred until after
the circulation issues are addressed.
Commissioner Zinner stated the land use issues he was
concerned with: (1) how much housing, where it should
be permitted and incentives; (2) passageways to
parking structures; (3) virtual reality locations; (4)
number of permitted restaurant and alcohol outlets in
the district; (5) review of a development cap for the
district; and (6) alley utilization.
Chair Pyne stated that he would like to discuss pawn
shops, auto repair uses, and the permitted building
height on Second and Fourth Street. He suggested that
the Commission begin with the housing issues, which he
does not favor.
Commissioner Zinner noted that four votes are needed
to approve a motion. Deputy City Attorney Strobel
stated that non-unanimous votes may be referred to the
City Council as comments from the Commission. Ms.
Frick stated that the entire plan can be forwarded to
the Council with specific comments on some issues;
i.e. housing or use provisions; and whole support for
other issues.
[Commissioner Weremiuk arrived at this point.]
Commissioner Parlee expressed support for housing
downtown.
Commissioner Zinner expressed agreement with
Commissioner Parlee, especially for housing incentives
on Third Street Promenade and extension of the
incentives to all of the District.
Commissioner Weremiuk expressed agreement with the
prior speakers. She expressed her opinion that
housing works downtown and noted that only two
developments have used the incentives already in
place. She stated that she would like to allow five
stories in the district, except where view protection
is needed. She commented that she sympathizes with
staff's recommendation and would prefer housing on
Second and Fourth Streets. She also commented that
housing on the Third Street Promenade has to deal with
street performers and other noise. She recommended
that the staff recommendation be modified to not
increase housing on Third Street Promenade, but allow
it on the other streets. She stated the opinion that
only one or two such projects would be built.
Ms. Frick stated that the goal of the plan is to
revitalize Second and Fourth Streets and housing
incentives are not proposed for the Third Street
Promenade.
Commissioner Moench commented on the apparent support
for housing. He expressed the opinion that housing
incentives should be everywhere because housing should
be encouraged.
Commissioner Zinner expressed his disagreement with
the staff recommendation because Third Street will
develop with or without housing incentives. Ms. Frick
stated that the pedestrian scale should be maintained
so the Commission should think in terms of height and
how many stories for which types of uses.
Commissioner Parlee expressed strong support for the
staff recommendation and stated that it is a mistake
to encourage housing all over the district.
Chair Pyne expressed agreement with the incentive
concept to reach a goal, however expressed concern
with the proposed housing incentives in this district.
His concerns included fear of a canyon effect created
by tall buildings and the incompatibility of housing
and entertainment uses. He also stated that a
downtown should be comprised of offices, shops and
restaurants. He commented that he will support some
housing, but not with additional height incentives.
Commissioner Zinner stated the need to agree to
disagree on this issue.
Commissioner Weremiuk commented that there does not
appear to be the votes necessary for permitting six
stories, then discussed allowing various heights with
varying incentives on Second and Fourth Streets.
Chair Pyne stated that one or two big buildings are
acceptable, such as the Janss Court project, however
he fears a solid line of big buildings. He felt that
if the number of such projects were limited and
required a CUP, that might be acceptable.
Commissioner Weremiuk noted that Janss Court was
allowed six stories because of the dedicated
passageway. Ms. Frick stated that locations for
dedicated passageways have been identified and bonuses
were allowed on those parcels.
Chair Pyne recommended voting street by street for
housing.
Commissioner Zinner made a motion to adopt the staff
recommendations of allowing six stories on Fourth
Street with the top two floors being devoted
exclusively to residential uses.
Commissioner Weremiuk seconded the motion.
Chair Pyne asked staff about permitted heights on
Fourth Street. Mr. Martin stated that six stories are
permitted on both sides of the street under a
development review process and the recommendation
would restrict the fifth and sixth floors to
residential use only.
Chair Pyne expressed his concern with the canyon
effect and stated he would oppose the motion.
Commissioner Moench commented that the development
threshold will thwart the canyon effect. He also
commented that a successful downtown needs three
things: residential, retail and recreation.
The motion on Fourth Street was approved by the
following vote:
AYES: Moench, Parlee, Weremiuk, Zinner; NOES: Pyne;
ABSENT: Breisch.
Commissioner Weremiuk made a motion to approve the
staff recommendation to allow seven stories in the
Passageway Overlay Zone when a passageway is provided,
with three extra stories to be one of office use and
two of residential use; unless the City provides
funding for the housing, in which case no bonus is
provided. Additionally, residential square footage
is to be counted as .25 FAR.
Commissioner Parlee seconded the motion.
Commissioner Zinner asked for an explanation of how,
if the City provides financial incentive, a density
bonus would not be automatic. Deputy City Attorney
Strobel stated that the wording on such a provision
could be done later. Commissioners Weremiuk and
Parlee accepted the this as a friendly amendment to
the motion.
The motion regarding the incentives for passageways
that allow housing was approved by the following
motion:
AYES: Moench, Parlee, Weremiuk, Zinner; NOES: Pyne;
ABSENT: Breisch.
Commissioner Weremuik made a motion to allow housing
on the Third Street Promenade in a four story envelope
with no housing incentives and without dedicated
passageways; or to allow six stories with the fifth
and sixth stories being residential, with .25 FAR,
when providing a dedicated passageway.
Commissioner Parlee seconded the motion.
Commissioner Moench asked to make a friendly amendment
to change the two floors of residential to one floor
residential and one floor commercial.
Commissioner Zinner offered a different friendly
amendment in support of gaining passageways. He
suggested offering different incentives for lots
identified for passageways (the Passageway Overly
Zone) and lots which would not qualify. A second
alternative he suggest would be to allow, for a
dedicated passageway, two stories of residential and
one story of commercial for a total of seven stories.
Commissioner Weremiuk agreed to this amendment.
Ms. Frick stated that this option has not been
analyzed to date, but the recommendation could be
studied prior to the City Council review.
The motion to allow seven stories in the Passageway
Overlay Zone with two stories of residential and one
story of office if a passageway is provided was
approved by the following vote:
AYES: Moench, Parlee, Weremiuk, Zinner; NOES: Pyne;
ABSENT: Breisch.
Commissioner Weremiuk made a motion to approve staff
recommendations on the Third Street Promenade non-
passageway lots being allowed to be a maximum of four
stories with no housing incentives.
Commissioner Parlee seconded the motion.
Commissioner Zinner stated that he could not support
this motion because of his desire for housing in the
area.
The motion on non-passageway lots failed by the
following vote:
AYES: Parlee, Weremiuk; NOES: Moench, Pyne, Zinner;
ABSENT: Breisch.
Commissioner Weremiuk made a motion to allow three to
five stories, with two stories for housing incentive,
on the west side of Second Street providing no
coastal views are protected.
Chair Pyne expressed concern regarding the potential
loss of ocean views.
Commissioner Zinner seconded the motion. He commented
that most of the east side of Second Street is filled
with parking structures and tall buildings that exceed
the height limits.
Chair Pyne made a substitute motion in support of
staff recommendations. There was no second for the
motion. Chair Pyne commented on the importance of
preserving ocean views.
The motion on the floor was discussed as regards
preservation of views and housing.
Commissioner Zinner amended the motion to include an
additional block of Second Street between Broadway and
Colorado Avenue, pending EIR analysis.
Commissioner Weremiuk agreed to the amendment.
The motion to allow five stories, with the fourth and
fifth stories exclusively residential, on the west
side of Second Street between Wilshire and Colorado
only where view corridors are not impacted was
approved by the following vote:
AYES: Moench, Parlee, Weremiuk, Zinner; NOES: Pyne;
ABSENT: Breisch.
Commissioner Zinner commented on the "view corridor"
and felt that the view from a parking structure was
questionable. The Commission discussed the concept
and reality of views from Second Street to the ocean.
Ms. Frick stated that a "view corridor" is anywhere on
the east side of Second Street where you can see the
ocean per the Coastal Commission. She also stated
that staff will review the Local Coastal Plan (LCP) to
ensure that the motion does not conflict with
established policy and will contact the Coastal
Commission to better understand their view corridor
definition..
The Commission tabled their discussion on view
corridors pending staff review.
The Commission discussed extending the (Parking)
Assessment District to include the west side of Second
Street between Broadway and Colorado Avnue and the
east side of Fourth Street between Broadway and
Colorado Avenue.
Commissioner Zinner recommended that the issues of a
development cap, fast food outlets and "virtual
reality" be discussed later.
Commissioner Zinner made a motion to approve staff
recommendations regarding pawn shops, auto repair
facilities, restaurants, and alcohol outlets.
Commissioner Weremiuk seconded the motion.
Commissioner Moench asked for clarification on the
interim standards for alcohol outlets and restaurants
on Second and Fourth Streets. Mr. Martin gave a
handout to the Commission outlining the number of
permitted and existing restaurants and alcohol
outlets, by block, in the Bayside District.
Commissioner Moench expressed the concern that there
are not enough pedestrian generating restaurants on
Second and Fourth Streets. Ms. Frick explained the
planning process that led to the limitations on the
number of restaurant in the District as imposed by the
City Council.
Commissioner Weremiuk expressed the opinion that Block
2 needs a change in the limits. Ms. Frick explained
that property owners had been holding out for
restaurant uses for their property and have not opted
for other retail uses.
Chair Pyne asked Ron Cano of the Bayside District
Corporation for his input on the issue of restaurants.
Mr. Cano felt the issue of number of restaurants
should be handled under the proposed Urban Design Plan
along with other desired uses and the general look
desired for the district. Deputy City Attorney
Strobel suggested that the number of restaurants and
alcohol outlets does not necessarily have to be
specified in the Specific Plan. She suggested having
some general policy stated in this regard and then
place the limitations in the Zoning Ordinance.
Chair Pyne requested a short break at this time.
Following the break, Chair Pyne restated the motion on
the floor prior to the break as to approve staff
recommendations excluding the issues of fast food,
virtual reality and development cap. He stated that
during the break it was brought to his attention that
the Commission had voted to extend the boundaries of
the district to include the west side of Second Street
between Broadway and Colorado Avenue. He asked about
incorporating the eastside of Fourth Street between
Broadway and Colorado Avenue. Ms. Frick stated that
this can be done, however it change the environmental
impact if the development standards are also changed.
Chair Pyne felt this would make a better district.
Ms. Frick stated that it is her recollection that
these areas were excluded primarily because the
original boundaries did not include the redevelopment
area and were not part of the Parking Assessment
District. She further stated that staff's proposal is
to extend the Bayside District boundaries to match the
Parking Assessment boundaries.
Commissioner Zinner stated he had no problem with
adding Fourth Street, however he felt that Second
Street should have a higher priority because of its
proximity to the Pier, the Civic Center and the Third
Street Promenade.
Commissioner Parlee asked about inclusion of the west
side of Second Street. Chair Pyne stated that this
has already been done.
Commissioner Parlee asked if the newly expanded areas
could take advantage of the Parking Assessment
District. Ms. Frick stated that this issue must be
taken up in another venue, however it can be
recommended for study to the City Council.
Chair Pyne asked about a letter he received from the
Task Force for the Environment which calls for the
inclusion in the Specific Plan of a Conservation
Element. Commissioner Zinner stated that there is a
paragraph in the staff report regarding this matter.
Commissioner Moench stated it is on page eight of the
staff report.
Chair Pyne returned the Commission's attention to the
motion on the floor regarding certain uses for the
district. Commissioner Zinner amended his motion with
the removal of the specific number limitation on
restaurants and alcohol outlets in the district and
recommend that the numbers be placed in the Zoning
Ordinance.
Commissioner Weremiuk was agreeable with the
amendment.
Commissioner Moench asked for the following changes in
numbers be made: increase the numbers on blocks one,
two, seven and eight due to the small number now
allowed. He also asked for more differentiation on
the blocks as follows: on Block One - one additional
restaurant on the east side and two more on the west
side for a total of four permitted restaurants (two on
each side); on Block Two - four total, two on each
side; on Block Seven - four total (if two can be on
each sides); and on Block Eight - four total, two on
each side.
Ms. Frick asked if these additional restaurants will
be allowed alcohol service. Commissioner Moench felt
they should be allowed alcohol service.
Commissioner Zinner agreed to the changes, except for
Block One which currently is comprised of parking
structures and a church. He asked if the provision
for two on each side of the block includes around the
corner. Commissioner Moench stated a preference that
the restaurants front on the block or alley.
Commissioner Zinner felt the change is not likely to
occur on Block One. Chair Pyne commented that
restaurants do draw pedestrian traffic and will draw
people to the north end of the district. Ms. Frick
stated that, if the motion passes, staff will review
the parcels likely to recycle.
Commissioner Weremiuk expressed sympathy with the
amendment in concept and acknowledged the need to
encourage more uses toward Wilshire Boulevard. She
stated she is inclined to support the amendment. Ms.
Frick commented on returning with land uses on the
block, a list of underutilized parcels and parcels
likely to recycle.
Commissioner Zinner amended his motion to remove the
four blocks (one, two, seven and eight) pending staff
review. Commissioner Weremiuk agreed to the
amendment.
Chair Pyne raised the issue of allowing pawn shops as
a permitted use. He stated that he does not agreed
with the use and felt it should not be an encouraged
use in the downtown core. He stated that he would
like to amend the staff recommendation and allow pawn
shops only with a CUP, or he can not support the
entire motion.
Commissioner Weremiuk asked for clarification that
Chair Pyne's amendment would allow the four existing
pawn shops, but no additional pawn shops. Deputy City
Attorney Strobel stated that the Municipal Code allows
four pawn shops for the entire City. Chair Pyne
stated that his amendment would allow pawn shops with
a CUP (not to exceed the Citywide four pawn shop
maximum).
Commissioners Zinner and Weremiuk agreed.
Ms. Frick asked that the Commission articulate why a
pawn shop would necessitate a Conditional Use Permit.
Chair Pyne stated that a pawn shop is an undesired and
unneeded use for this area. He commented on why pawn
shops should not be allowed in the downtown core.
Chair Pyne asked about the staff recommendation on
auto repair facilities. Ms. Ginsberg explained
staff's recommendation which would only allow auto
repairs facilities to remain as non-conforming uses.
The motion for staff recommendation on auto repair
uses, and pawn shops allowed by CUP was approved by
the following vote:
AYES: Moench, Parlee, Pyne, Weremiuk, Zinner; ABSENT:
Breisch.
Chair Pyne suggested the next discussion be on fast
food establishments in the Bayside District. He
stated that he supports staff recommendation.
Commissioner Weremiuk asked about allowing one
additional "food court" on Block Four. Staff
explained the interim ordinance on fast food
establishments. The Commission discussed the merits
of such establishments.
Commissioner Weremiuk made a motion to allow an
additional fast food court on the north block.
Chair Pyne asked if there is a definition of a "fast
food court". Mr. Martin proposed the following: "fast
food court" has been defined as "A multi-tenant food
service complex with at least four food service
outlets, where the complex is under common management,
there is no table service, the tenants share a common
seating area, the size of individual food service
facilities shall be limited to 750 square feet".
Commissioner Zinner expressed his view that he has no
strong feelings on this issue, however he is concerned
that area not become totally youth oriented.
Commissioner Parlee commented that the definition is
good, however it needs an additional element, perhaps
including a pass-through element.
Chair Pyne expressed agreement with Commissioner
Zinner and commented that the Third Street Promenade
does not offer a wide enough variety in restaurants.
He expressed the need for more "high-end" restaurants
and more diversity of uses. He commented on the
youthfulness of the people on Third Street on week-end
evenings and the need for a more balanced mix.
Deputy City Attorney Strobel commented on the history
of one food court, the Criterion Court, on the Third
Street Promenade which required seven separate CUPs
with separate conditions of approval. She suggested
that, as with the prior situation, separate CUPs be
required for alcohol permits in a food court so that
the entire court is not jeopardized should one tenant
violate the conditions of approval. Chair Pyne
expressed concern that this will intensify alcohol
service in the area.
Commissioner Weremiuk commented on the history related
by Deputy City Attorney Strobel and that the Criterion
Court is, in her opinion, a family use, not youth
oriented. She also commented that it is more
economically feasible for a family to eat at a food
court than at a restaurant. She stated that the food
court encourages a diversity of use.
Commissioner Moench expressed agreement with
Commissioner Weremiuk regarding the family orientation
of the food courts.
Commissioner Zinner offered a friendly amendment that
this motion also be Zoning Ordinance related.
Commissioner Weremiuk agreed to the amendment and
restated her motion to include a dedicated passageway
be required for the additional food court, and
separate alcohol permits.
Commissioner Zinner asked if the court could be more
than one story, as at Criterion Court. This was
discussed by the Commission.
The motion to allow an additional fast food court on
the north block and amend the fast food court
definition to require a dedicated passageway was
approved by the following vote:
AYES: Moench, Parlee, Weremiuk, Zinner; NOES: Pyne;
ABSENT: Breisch.
The Commission discussed what date to continue the
balance of the meeting to. Chair Pyne stated that he
would be unavailable on May 3rd. Staff advised of the
available dates.
CONTINUED TO MAY 17, 1995.