Santa Monica, California
Planning Commission Mtg: March 1, 1995
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Earthquake Recovery Permit - EQPCR-002
Address: 402 Santa Monica Boulevard
Applicant: Toys R Us
INTRODUCTION
Action: Application for an Earthquake Recovery Permit to allow
reconstruction of a retail building at 402 Santa Monica
Boulevard, formerly Henshey's Department Store. Approval of this
request is contingent upon City Council adoption of an amendment
to the Earthquake Recovery Act which would allow a modified
building envelope for in-kind reconstruction of earthquake
damaged buildings.
Recommendation: Continue for redesign.
Permit Streamlining Expiration Date: None.
SITE LOCATION AND DESCRIPTION
The subject property is a 30,000 square foot parcel located in
the Downtown Commercial District (C3C) at the southeast corner of
Santa Monica Boulevard and Fourth Street having a frontage of 150
feet on Santa Monica Boulevard and 200 feet on Fourth Street.
Surrounding uses consist of a two story retail building to the
south, two story retail buildings across Santa Monica Boulevard
to the north and the one and a half story Rizzoli Bookstore and
the two story base plus eight story Central Tower Building across
Fourth Street to the west. The parcel across the alley to the
east of the subject property is improved with a surface parking
lot. All surrounding parcels are also in Downtown Commercial
District (C3C).
At the time of the earthquake the subject property was improved
with one, two and four (4) story retail buildings totaling 60,578
square feet, including basements. The ground floor contained
27,352 square feet, the second floor 9,594 square feet, and the
third and fourth floor tower contained 4,535 square feet each.
No parking spaces, trash enclosures, or loading docks existed on-
site.
Zoning District: Downtown Commercial District (C3C)
Land Use District: Downtown Core
Parcel Area: 30,000 square feet
PROJECT DESCRIPTION
The proposal is for a 51,124 square foot, two story, retail
building with a 41'-11" tower element at the corner. A customer
pick up area and one loading space at the rear of the building
along the alley will be provided. No on-site parking is planned.
As submitted, the project does not meet the definition of "in-
kind" reconstruction as stipulated in the Earthquake Recovery
Act. Among the requirements for in-kind reconstruction is that
the height of the new structure be no greater than the height of
the pre-earthquake structure. As proposed, the building volume
has been redistributed from a one story building with a four
story corner tower element to a two story structure. The overall
building square footage is not increased and the tallest portion
of the building is reduced to 41'-6" from the pre-quake height of
67'-11". The height of the proposed Fourth Street and Santa
Monica Boulevard elevations are 7'-6" and 0'-2" greater than the
pre-earthquake building height.
EARTHQUAKE RECOVERY ACT CONFORMANCE
The Earthquake Recovery Act permits in-kind reconstruction of
nonconforming structures damaged by the Northridge earthquake,
provides for an expedited review process, waives most development
related fees, and exempts projects from the environmental review
process. Pending City Council adoption of an amendment to the
Earthquake Recovery Act that will allow a modified building
envelope, the proposed project will be consistent with the
Earthquake Recovery Act. On December 13, 1994, the City Council
directed that an amendment to the Act be prepared specifically to
address the situation of this project. As directed by the City
Council, the amendment would allow for different building
articulation within the same amount of building envelope. Except
for the building envelope, the proposed structure conforms to the
other existing provisions of the Earthquake Recovery Act
including: the proposed square footage, lot coverage, parking,
setbacks, and use.
CEQA STATUS
The project is categorically exempt from the provisions of CEQA,
pursuant to Section 15269 of the State CEQA Guidelines and the
State of Emergency declared by Governor Pete Wilson.
RENT CONTROL STATUS
The subject property contains no controlled rental units. A Rent
Control Clearance form for this project is on file with the
Planning and Zoning Division.
FEES
Section 16 of the Earthquake Recovery Act waives all permit
processing fees for projects obtaining an Earthquake Recovery
Permit.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Section 9.04.20.22.050, notice of the
public hearing was mailed to all owners and residential and
commercial tenants of property located within a 300 foot radius
of the project at least ten (10) consecutive calendar days prior
to the hearing. A copy of the notice is contained in Attachment
B.
ANALYSIS
Background
Henshey's Department Store occupied three buildings at the
southeast corner of Santa Monica Boulevard and Fourth Street.
The four story Tegner Building (built 1924-25) was located at
402 Santa Monica Boulevard, the one story Tegner Building annex,
(built 1936) was located at 1401-1419 Fourth Street, and the two
story Wagner and McLucas building, (built 1922) was located at
406-416 Santa Monica Boulevard. In 1962 an extruded aluminum
screen was installed concealing the original Renaissance Revival
architecture and terracotta detailing. On June 20, 1994 the
Landmarks Commission designated the Tegner Building and the
Tegner Building annex as a City Landmark (Attachment C).
However, in August, 1994 the Nuisance Abatement Board ordered the
demolition of all three buildings on the parcel due to their
unsafe condition and the imminent threat they posed to the public
safety. On January 13, 1995 an application for an Earthquake
Recovery Permit to reconstruct on the site was submitted to the
Planning and Zoning Division.
Staff is in the process of drafting revisions to the Earthquake
Recovery Act in response to issues regarding the definition of
in-kind and the desire by property owners to reconstruct
earthquake damaged structures within a modified building
envelope. This amendment is being prepared pursuant to Council
direction.
Earthquake Recovery Act
On April 19, 1994, the City Council adopted the Earthquake
Recovery Act (Ordinance 1736, CCS) to facilitate a streamlined
permit process for the repair and reconstruction of buildings
damaged during the January 17, 1994, Northridge earthquake.
Ordinance 1736 (CCS) establishes development standards and use
restrictions and an earthquake recovery permit that authorizes
in-kind repair or reconstruction of earthquake damaged buildings.
Legal nonconforming buildings and structures may be reconstructed
to their previous nonconforming status, however, they must be
reconstructed to meet the Ordinance definition of in-kind. A
project is considered in-kind reconstruction if the building
square footage, height, and lot coverage is not increased, the
building setbacks and parking are not decreased, the landscaping,
trash and recycling enclosures remain substantially the same, and
the number of units remain the same.
The Planning Commission reviews earthquake recovery permits where
the cost of repair equals or exceeds fifty percent of the
replacement value and fifty percent or more of the exterior walls
are removed to the foundation, and the development on the parcel
is above the development review threshold. Architectural Review
Board approval is not required for earthquake recovery projects
reviewed by the Planning Commission.
The scope of review and findings required for an earthquake
recovery permit are limited. The following two findings must be
made:
(1) The structure's architectural design is compatible with
general area in which it is located; and
(2) If the structure is landmark eligible, [and] if
reconstruction is involved, based upon an estimate from a
professional experienced in rehabilitation of historic
structures, it is not economically feasible to repair
the structure.
Although the site was designated a City Landmark the second
finding in this case does not have to be made since the building
has already been demolished.
PROJECT DESIGN
While the proposed reconstruction does not meet the definition of
in-kind as set forth in the Earthquake Recovery Act, all other
aspects of the project including: building square footage,
number of dwelling units, setbacks, number of parking spaces, lot
coverage, landscaping, trash and recycling enclosures, and the
use are in compliance. The interior layout and the exterior
architectural design are completely different to accommodate the
needs of the new tenant. In addition, the new building has been
modified to comply with current disabled access and technical
code requirements.
The proposed design consists of a two story 27'-6" two color
brick veneer exterior with a 41'-6" limestone clad square corner
tower. Limestone columns spaced 32' on center and approximately
27' tall topped with light fixtures provide facade variation and
articulation. A loading space, a screened trash and recycling
area and customer pick up space are provided on the east side
along the alley. These features are additions from the pre-
earthquake building.
Although the project design is a substantial improvement on the
standard suburban Toys R Us store design, and although the
project complies with the general provisions of the Earthquake
Recovery Act, staff does not feel that findings can be made that
the proposed structure is compatible with the general area in
which it is located without further design refinements. Concerns
include the lack of visual interest, pedestrian orientation, and
architectural detail at the corner tower, which is the most
prominent location on the site. The corner element design should
merit greater design attention both due to its function as the
building entry and its location at one of the downtown's most
traversed intersections. In addition, the window design requires
added definition and design continuity; the areas inside the
building adjacent to the windows should function as display areas
to attract pedestrians and should not be blocked by shelving or
storage of boxed items; and should be oriented to attract
pedestrians; the east wall along the alley should provide
articulation; and, proposed landscaping should be revised to
soften the building's visual impact.
Colors proposed for design details are a red metal building base,
red metal canopies, and purple metal columns. The color and
material of the window framing and mullions and door frames as
well as the corner entry paving material have not been provided.
Signage consists of red, yellow, turquoise, and purple channel
letters above each display window and at both sides of the corner
tower. The Toys R Us giraffe insignia is also proposed for both
sides of the tower elements. Staff does not believe the proposed
colors are compatible with the overall building design or the
other building materials or with the downtown urban environment
and recommends that the applicant revise the palette and select
colors that are compatible with other proposed building materials
as well as with colors used in the surrounding area. In
addition, although signage dimensions have not been provided, the
amount proposed appears to exceed Sign Ordinance requirements.
Staff recommends that sign dimensions be provided and that the
amount of signage conform with code requirements.
CONCLUSION
Pending City Council adoption of amendments to the Earthquake
Recovery Act, the proposal for the reconstruction of the subject
building will conform to the standards established in the Act.
However, the building design needs further refinement and should
not be approved at this time. In addition, any Planning
Commission approval must be made contingent upon Council
modification of the Earthquake Recovery Act.
RECOMMENDATION
It is recommended that the Planning Commission review and comment
on the proposed design and direct the applicant to redesign the
building to address the concerns identified in the staff report
and any additional issues identified by the Planning Commission.
Attachments:
A. Notice of Public Hearing
B. Radius and Location Map
C. Landmarks Commission designation
D. Plot Plan, Floor Plans, Elevations, Roof Plans, Building
Sections.
E. As-Built Henshey's Plans
Prepared by: Emmanuel M. Ursu, Assistant Planner