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.