ATTACHMENT "A"
REQUESTS FOR DISCRETIONARY APPROVAL
ABBOT LOFTS
A MIXED USE DEVELOPMENT
The applicant requests the following Discretionary Request determinations:
PROJECT DESCRIPTION
The proposed project, "Abbot Lofts," is located at 1645-1657 Abbot Kinney Boulevard, at the northeast corner of Abbot Kinney and Venice. The site is currently vacant. The proposed mixed use project is in the design stages and is expected to include 22 "for rent" residential loft units above approximately 5,000 square feet of ground floor, neighborhood serving retail space. As currently contemplated, the project will provide two affordable units at the very-low income level and 20 market rate apartments. All code required parking is anticipated to be provided on-site.
Abbot Lofts is a true mixed use project designed to embrace the gateway nature of this important site. The ground level will be programmed with space that can be divided into small units (approximately 1,000-1,500 sf each) that will draw retail interest to the southern portion of this eclectic street and in so doing will generate pedestrian activity to this end of Abbot Kinney. The residential loft units, located on the projects upper floors, will be separated from the retail space. Individual units will be designed to maximize flexible living by incorporating high ceilings, natural light and a variety of unique interior spaces. A combination of private and shared open space will be provided for residents on the podium level. Project parking will be a combination of on-grade and subterranean.
The applicant will request permission, via a revocable permit, to locate additional landscape, hardscape, a loading space, and electrical transformer, in the adjacent unused approximately 15 foot public right of way on North Venice Boulevard.
Architectural Design
This mixed use project will embrace the eclectic nature of Abbot Kinney. The exterior will be designed to embrace the mixed scale of the neighborhood and the trend towards modern architecture. The project will have two primary facades, one fronting on Venice and the other on Abbot Kinney. The facades will have strong common design themes tying them together, yet each will include architecturally distinctive features. The overall design will be accentuated by the placement and size of the upper floor windows which will successfully relate to the projects overall form.
At the ground level, the commercial space will be functionally separated from the residential portion of the project yet its design will be architecturally integrated into the overall project. The upper level units will be organized about a common open area that will be thoughtfully landscaped. The project will offer secured access at all points of ingress and egress.
PROJECT DATA
|
Site Square Footage |
16,908 sf |
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Building (FAR) Square Footage (approximate) |
27,022 sf (for an FAR of 1.60), an increase of 1,660 square feet |
|
Retail (FAR) Square Footage |
4,944sf |
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Residential (FAR) Square Footage |
22,078 sf |
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Number of Residential Units |
22 Residential Units Divide as follows: 20 2 Bedroom Units; 2 Studios (2 will be very low income) |
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Permitted Density |
Base CM Density = 21.1 units 25% Density Bonus = 5.29 units Total Permitted Density = 26.43 units |
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Proposed Parking |
81 spaces Surface and one level subterranean parking (see table below)
|
|
Open Space (125 SF per unit) |
2,750 sf provided 2,750 sf required |
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Height |
80% of the building will be between 30 and 35 feet 20% of the building height will achieve a maximum height of 42 feet |
PARKING SUMMARY
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Use |
Parking Standard |
Required Spaces |
Code Citation |
|
Residential |
|||
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Market Rate |
2 per units |
40 |
Venice Specific Plan Section 13.D |
|
Guest |
.25 per unit |
5 |
Venice Specific Plan Section 13.D |
|
Affordable Units |
1 per unit |
2 |
L.A.M.C Section 12.22 A 25 d.2 |
|
Retail |
1per 225 sf |
22 |
Venice Specific Plan Section 13.D |
|
Commercial Beach Impact |
1 per 640 sf of retail |
8 |
Venice Specific Plan Section 13.D |
|
Total Parking Required |
77 |
||
|
|
|||
|
Total Parking Provided |
81 |
||
|
Surplus Spaces |
4 |
Site Information
The vacant site at 1653 South Abbot Kinney Boulevard consists of 6 lots (one assessor parcel), which combine to create the approximate 16,908 square foot (or .39 acres) site. The project site is bounded by Abbot Kinney Boulevard on the southwest, North Venice Boulevard on the southeast and Irving Tabor Court on the north. There is an approximately 15 foot wide strip of land between the subject property and back of sidewalk along North Venice that applicant will request permission to utilize via the revocable permit process. The site is located in the Venice Community Plan area and more specifically the North Venice subarea of the Venice Specific Plan.
The site is zoned M1-1-O. There are no density regulations for the M1 (Light Manufacturing) zone described in the Venice Specific Plan. The requested Zone Change to the CM zone is consistent with the permitted zones within the Light Manufacturing land use category. Based on the sites lot area and the Specific Plans density regulations consistent with the R3 zone, the site yields a base density of 21.11 residential units. When the base density is combined with the State mandated 25% density bonus for inclusion of low-income units, the site yields 26.39 units.
The Specific Plan and the Los Angeles Municipal Code permit a floor area ratio of 1.5 to 1 for commercially zoned mixed-use projects in the M1-1 zone. Based on these floor area regulations the site will permit approximately 25,362
square feet of gross floor area.The Specific Plan imposes a building height of 35 feet for varied rooflines provided that any portion that exceeds 30 feet is setback from the required front yard at least one foot for every foot in height above 30. Projects with flat roofs are limited to a 30 foot height.
The site is also subject to the provisions of the Mello Act, the Coastal Transportation Corridor Specific Plan and is in the single jurisdiction Coastal Zone.
STREETS AND CIRCULATION:
Abbot Kinney adjoins the property on southwest, is designated a Secondary Highway improved with roadway, gutter, curb and sidewalk.
North Venice Boulevard adjoins the property on southeast and is a designated a Venice Boulevard Scenic Highway Class II
. North Venice Boulevard is fully dedicated and improved with roadway, gutter, curb, and sidewalk.Irving Tabor Court (adjacent alley)
SURROUNDING PROPERTIES
The site is bounded on two sides by public streets (Venice Boulevard and Abbot Kinney Boulevard) and an alley along the rear of the property known as Irving Tabor Court.
The properties to the northwest, northeast and east are zoned M-1-O and are developed with mixed commercial and retail uses. The property to the southwest is zoned C2-1-O-CA and is developed with retail uses. The property immediately to the north contains ground floor retail and second story residential uses. The property directly to the east, the median that splits North Venice Boulevard and South Venice Boulevard, is zoned OS. The property to the east of the median is zoned M1-1-O and is developed with retail and office uses.
PREVIOUS CASES
CPC-2002-2302-ZC-GPA-SPE-CDP: Applicant requested Zone Change, General Plan and Local Coastal Plan Amendment, Coastal Development Permit, Specific Plan Exception to permit the construction of 26 garden apartments
ENV-2001-4601-ZC-GPA
Ordinance 175693 Is the latest update to the Venice Specific Plan effective 1-19-04, which superseded Ordinance 172897
CPC-1998-119-LCP October 29, 1999, the Los Angeles City Council adopted the Venice Coastal Plan/Land Use Plan.
ORD-172019 Ordinance creating the Interim Control Ordinance.
CPC-1987-648-ICO Interim Control Ordinance
ENV-2001-846-ND-MND Environmental document for the Interim Control Ordinance.
ORD-172897 - Venice (Coastal Zone) Specific Plan
Effective December 22, 1999 Repealed by Ordinance 175693
ENV-2002-6836-SP - Specific Plan update created Ordinance 175693
ND-79-855-BP-C Automated Records in City Hall stated on April 12, 2004 that this file has been destroyed. ND-855-79-BP (C) from the file of CDP-1980-2 stated: 1657 Washington Boulevard between Palms Blvd. and Venice Blvd., Venice. Coastal Building Permit for construction of a 7,000 sq. ft. retail stores on 0.35 net acre parcel, zoned M1-1. The determination that the proposed project would not have a significant effect on the environment.
CDP-1980-2 - Date issued April 11, 1980. 1657 Washington Boulevard (Between Washington Boulevard and Electric Avenue, Venice) Coastal Development Permit. (Permit was not effective until 20 days after the issue date.) Coastal Development Permit for construction of a 7,140 sq. ft., 2-story retail shopping structure on a 0.35 gross acre vacant parcel. Project was approved with four conditions including the adding an ornamental screen to the second story to hide the roof parking from view and that the applicant shall dedicate and improve all streets and highways adjoining the subject ownership.
Ordinance 175693 - Effective 1-19-04- It is a revision to the old Venice Specific Plan.
ORD-175694 Effective January 19, 2004 An ordinance establishing Categorical Exclusion Order that excludes certain development from the requirements of Coastal Development Permits within the Venice Coastal Zone, including any Multi-Family residential Development located within the California Coastal Commission non-appealable jurisdiction area as shown on the Maps attached as Exhibits A and B (of the Ordinance). The exclusion shall not apply to developments that are subject to any discretionary review, including Conditional Use, Variance, Subdivision Map, Zone Change, and Specific Plan Exception. Note: The proposed site is within the boundaries of Exhibit B of the Ordinance.
CDP-SPP-MEL
Zimas did not provide adequate information to research this case. CPC-2000-4046-CA Mello Act Interim Ordinance. The Citys compliance with the Mellow Act was the subject litigation and settlement agreement negotiations. On January 3, 2001 a settlement agreement states that the City Council shall adopt Interim and Permanent Ordinances to implement the Mello Act. The hearings were repeatedly continued until May 23, 2001 on which date the Commission took additional testimony, closed the public hearing, and disapproved of the staff report dated May 10, 2001. The City adopted several recommendations that the City Council should consider in reviewing the proposed Mello Act interim Ordinance, including how the Mello Act applies to illegal units, adopt feasibility findings, include a 90-day notice provision, include such issues as how live-in housekeepers and children affect the Mello Acts replacement provisions.RELATED CASE IN THE VENICE AREA
Bay Cities Laundry
ZA 2002-0421 SPP, CDP, ZAD, MEL 11/25/2002
Site Address: 2100 Abbot Kinney Boulevard
Approved Project Permit Compliance renovation of existing 10,652 sq. ft. into 5-unit joint living and work condo. And construction of 2 new joint living and work condos each w/ 3,360 sq. ft.
Approved Coastal Development Permit
Approved ZAD (Sec. 12.24-X,13 LAMC) to permit Joint Living and Work Quarters in M1 zone
Parking: 2 spaces per dwelling plus 1 guest parking space per dwelling unit.
ZA 2000-3629 )CDP) (SPP) February 15, 2001
Site Address: 2100 Abbot Kinney Boulevard
Approved Coastal Development Permit - (Sec. 12.20.2 LAMC) renovation and redevelopment of existing 10,652 sq. ft. building into 15,500 sq. ft. office building - addition of 4,900 sq. ft. mezzanine and demolition of 2,160 sq. ft. shed in M1-1 zone.
Approve (Pursuant to Ord. 172,897) - renovation and redevelopment of existing 10,652 sq. ft. building into 15,500 sq. ft. office building - addition of 4,900 sq. ft. mezzanine and demolition of 2,160 sq. ft. shed in M1-1 zone.
Approved (Sec. 12.22-A.23 LAMC) Commercial Corner Review for project in M1-1 zone adjacent to or across from residential use.
ZA 2000-3664 (CDP) (ZAD) (SPP) February 5, 2001
Site Address: 513-517 Victoria Avenue and 2110-2188 Narcissus Court
Approved (Sec. 12.20.2 LAMC) Coastal Development Permit for construction and maintenance of 9 joint living and work quarters on 9 legal lots within CA Coastal Zone.
Approved (Sec. 12.24-X,13,I LAMC) ZAD reduce yards 1) 71-76 observe 8 ft. rear yard, 0 ft. interior lot line, 3 ft. exterior lot line. 2) lot 77-79 observe 7 ft. rear yard, 0 interior lot line, and 3 ft. exterior lot line.
Approve (Pursuant to Ord. 172,897) (Venice Specific Plan) allow construction, use, and maintenance of 9 joint/live work on 9 legal lots in M1 Zone.
Hampton Artist in Residence
ZA 2000-4006 (CDP) (ZAD) (SPP) March 8, 2001
Site Address: 615 Hampton Drive
Approved (Sec. 12.20.2 LAMC) Coastal Development Permit to construct 49 artist-in-residence units w/ 152 parking spaces
Approved (Sec. 12.24-X,13 LAMC) ZAD to permit 49 artist-in-residence units w/ 152 parking spaces
Approved (Ord. 172,897) determination of Specific Plan Project Compliance conditions include: no waivers from any maximum permitted height limits or parking requirements are granted, maximum of 3 employees at any one time, and retail sales or any use open to the public are prohibited in any joint living and work quarters.
ZONING INFORMATION FILES
ZI-1874 SP-Coastal Transportation CorridorCOASTAL TRANSPORTATION CORRIDOR SPECIFIC PLAN
Ordinance No. 168,999 Effective: 9/22/93
Issue no permit for any Project unless all the requirements of the Specific Plan are met and clearance is obtained from the DOT and the BOE and any required mitigation measures relevant to the building are incorporated in plans.
A Project is defined as any construction, addition, conversion, change of use, or use of land on a lot in the C, M, or P Zones, which requires the issuance of a building, grading or foundation permit, and which results in an increase in the number of Trips as determined
by the DOT. Off-site parking areas which serve a Project shall be considered a part of the Project.
Refer all Project applicants to the DOT, West L.A./Coastal Programs Office (213) 485-1062.
ZI-2273 SP-Venice SPECIFIC PLANOrdinance No. 172,897 Effective: 12/22/99
No demolition, grading, building permit or certificate of occupancy shall be issued for any Project within the Venice Specific Plan area (including the Oxford Triangle Specific Plan area, [ZI1412]) until the Project has received a clearance from the City Planning Department, Community Planning Bureau.
A Project is any construction, alteration, change of use or change in intensity of use, addition or demolition of an existing structure or building, on- and off-site parking; encroachment, grading or placement of fill into a buffer or setback in the Canals, Grand Canal and Ballona Lagoon areas, but does not include interior alterations that are not visible from the exterior, do not increase floor area and do not change use or intensity of use.
Refer all Project applicants who require a Planning clearance to the Community Planning Bureau, Venice Unit (213) 978-1176 or (213) 978-1199.
AFFIDAVITS
89-766536-LT
COASTAL DEVELOPMENT PERMIT
ZONE CODE SECTIONS 12.20.2 prior to LCP certification.
The Master Land Use Application Instruction Sheet 500 Radius should also be followed, except that a 100-foot radius map is required, and 6 copies of the site plan required. The 100-foot radius starts across the street from the subject property.
____ dual permit area _X__ single permit area
Has the property had an application submitted to the State Coastal Commission or the City of Los Angeles for Coastal approvals? Yes ____ X _____ No ___
If yes, state the previous application number(s) ____CPC-2002-2302-ZC-GPA-SPE-CDP.
Describe on a separate page the facts (dates and determinations) of each of theses applications. See Previous Cases Section
100% :Less than 10% slope
0% : 10-15% slope
0% : Over 15% slope
If slopes over 10% exist, a topographical map will be required. If over 50 acres 1" = 200 scale.
___________ 500-5,000 cu. yd. 67,500 5,000 20,000 cu. yd., over 20,000 cu. yd., indicate number of cu. yd.
Import/export: Indicate the amount of dirt being imported or exported 67,500 cu. yd. Project involving import/export of 1000 cubic yards or more are required to complete Haul Route form.
Amount of cut 67,500 cu. yd. Amount of fill cu. yd. Maximum height of the fill slope ft. Maximum height of cut slope ft. Amount of import or export 67,500 cu. yd. Location of borrow or disposal site _ .
Number of dwelling units: 22
Type of Ownership proposed: Rental
Number of bedrooms: One 2 Two 20 Three Four or more .
Type of use 4,944 SF of neighborhood retail .
Number of units if hotel/motel .
Number of employees total & per shift: Not known at that this time .
Number of students/patients/patrons .
Hours of operation 7 a.m. days of operation 11 p.m. .
Number of square feet of each building 4,944 of commercial (Project Total 27,022) .
Parking:
number of spaces existing none . number of new spaces proposed 81 .
Total:
Number of covered parking spaces: ________81___________________.
number of uncovered parking spaces: 0
number of standard spaces: size
number of compact spaces: size
Does tandem parking exist? Yes no
Is tandem parking proposed? Yes X no
If yes, how many tandem sets? 26
Project height from average finished grade NA ft.
From centerline of frontage 80% of the project is between 30 sloping to 35 feet, while 20% fronting on Venice reaches a maximum height of 42 feet.
|
Ground Level (Retail & Parking |
First Residential Level |
|
|
Building |
100% |
76% |
|
Paving |
19% |
|
|
Landscaping |
5% |
PROJECT IMPACTS
Fill in the applicable items and attach copy to application:
ADDITIONAL INFORMATION/FINDINGS FOR ZONE CHANGE
That the proposed Zone Change is in conformity with public necessity, convenience, general welfare and good zoning practice.
The project site is located at the highly visible intersection of Venice Boulevard and Abbot Kinney Boulevard. This particular intersection is the "gateway" to the Abbot Kinney Boulevard Community Center, as identified in the Venice Community Plan, which has flourished in recent years as a regional draw featuring unique restaurants, art galleries, pedestrian-oriented retail and a mix of residential uses. This vibrant urban mix of uses is housed in older, historic buildings dating from the days when Venice was an independent City, and creative new architecture. Ideally, this successful eclectic urban streetscape should continue to the crucial corner comprised by the subject site. Unfortunately, the current M1 (Limited Industrial) zoning of the subject parcel is incompatible with the vibrant mix of residential and commercial uses along Abbot Kinney, and to a lesser extent, along Venice Boulevard as well. The public necessity, convenience, general welfare and good zoning practice would be much better served by re-zoning this parcel to a zone that would accommodate a mixed-use project of retail and residential uses.
The property located immediately adjacent to this site along Abbot Kinney includes ground floor retail and residential units above, further providing justification that this project is compatible with the existing neighborhood.
The proposed project includes 22 residential units (2 of which will be affordable to very low income tenants) with 5000 square feet of ground floor retail. The proposed mixed-use project embodies the goals and objectives set forth by the City Council when it approved the Venice Community Plan and the recently updated Venice Coastal Specific Plan (Ord. # 175693). Applicable housing-related Objectives from the Community Plan are as follows:
Objective 1-1: To provide for the preservation of housing stock and its expansion to meet the diverse economic and physical needs of the existing residents and projected population of the Plan area to the year 2010.
The proposed zone change would enable the construction of 22 housing units. According to the City of Los Angeles Housing Element, the City needs 60,280 dwelling units, or 8,611 new units per year, to be constructed to meet the demand between 1998 and 2005. Due to this demand, there is a public need to locate new housing on parcels that do not first require demolition of existing housing stock. Construction of 22 new dwelling units will provide the City with much needed housing, and located currently vacant site. The approximately 5,000 square feet of ground floor commercial area will complement the areas mix of residential and commercial uses.
Objective 1-2: To reduce vehicular trips and congestion by developing new housing in proximity to service and facilities.
The subject site is in immediate proximity to a wealth of services and facilities and qualifies as a classic "urban infill" project. The proposed zone change will allow development of the subject site with needed housing and helps address the current jobs/housing imbalance in the Westside of Los Angeles. Vehicle trips and congestion will be reduced by addressing housing demand at this infill location that might otherwise be met by development of housing units in other areas of the L.A. region on more distant from the many job opportunities of the Westside.
The subject site is an ideal location for the proposed project as it is on a commercial street adjacent to a major transportation corridor and a variety of employment centers. The site is also adjacent to many retail establishments providing tenants the opportunity to walk to their shopping and dining destinations. The proposed project thus creates a public convenience as it helps reduce reliance on the automobile by locating housing near job centers and public transit, alleviating traffic congestion as a result.
Objective 1-4: To promote the adequacy and affordability of multiple family housing and increase its accessibility to more segments of the population.
Twenty (20) of the proposed housing units will be market rate units oriented towards middle-income tenants attracted by the active urban setting of Venice and Abbot Kinney Boulevard. Two (2) of the proposed units will be affordable to very low income tenants, meeting the projects Mello Act obligations by providing 10% very low income units. This mix of units addresses the goal of diversity in income level of tenants in the new building.
Applicable commercial oriented Objectives from the Community Plan are as follows:
Objective 2-1: To conserve and strengthen viable commercial development in the community and to provide additional opportunities for new commercial development and services within existing commercial areas.
The subject site is designated Limited Manufacturing in Venice Community Plan. The proposed CM zone is consistent with such designation, therefore, no General Plan Amendment is necessary for the proposed zone change.
This project will anchor a critical high-visibility corner, hopefully creating a catalyst for redevelopment of some of the other corner properties at this intersection, as well as some of the under-developed or poorly maintained properties along Venice Boulevard.
Traditional light manufacturing uses are rare in the industrially zoned sections of Venice. The Venice Community Plan states "the type of uses found on the industrially-designated parcels include multi-media and advertising studios and firms, movie production facilities, car repair yards, garages and storage facilities. However, current development applications tend to include more commercial uses, including retail establishments and offices as well as Artist-in-Residence projects."
Although the Venice Community Plan includes an objective related to providing for existing and future industrial uses, the hard truth is that traditional light manufacturing uses simply cannot afford current market rents in the Venice area. Brokers and experts consulted in preparation for this application could not remember a traditional light manufacturing use that has moved into the area in over 20 years. This relates to the basic economics associated with these operations. Most of the industrial zones in West L.A. allow commercial or office uses by-right. Because of this, the M-zoned properties are generally being converted into these types of uses because they generate substantially more income and profits. Because of this price differential, most former light manufacturing space is being converted to "flex" or "creative office" uses, at much higher rents than traditional light industrial users can afford. Additionally, industrial buildings in Venice are typically not new buildings and do not have the necessary amenities for the modern industrial tenants.
Rental rates for light industrial space in the Venice area are significantly higher than rents for similar space in Torrance, Long Beach and Central Los Angeles. Light industrial users that want to stay in the L.A. region can easily find less expensive space in these other market areas. Most industrial tenants move to these locations where the rent is cheaper, labor is cheaper, sites and spaces function more efficiently, and access is easier because they are closer to freeways.
Although many West L.A. and Venice industrial properties are being converted to flex or creative office uses because they are by-right uses under the current Zoning Code, they do not meet any of the goals of the general plan and the West Los Angeles Community Plan which encourages mixed use projects and housing near transportation corridors and services.
The subject property would serve the community in a manner consistent with Community Plan goals by being re-zoned to CM zoning and improved as a mixed-use residential/retail project.
Objective 2-2: To enhance the identity of distinctive commercial districts and to identify pedestrian-oriented districts.
The proposed zone change will greatly enhance the distinctive identity of the Abbot Kinney district by extending the visual presence of the district to its logical terminus at Venice Boulevard. The site is currently not particularly pedestrian-oriented, but the proposed project, simply by placing neighborhood serving retail uses at the gateway location, and by providing 22 units of on-site housing, will dramatically improve the pedestrian friendly character of the block.
Objective 2-3: To enhance the appearance of commercial districts.
The requested zone change will allow the construction of a very attractive new mixed-use building designed by the award-winning architectural firm Koning-Eisenberg. This firm is very familiar with the challenges of a mixed-use project at a highly visible location. They have worked on many similarly significant buildings since the firms founding in 1981.
Koning Eizenbergs web site describes the firm as follows: "Koning Eizenberg is often selected to work on projects that require creative thinking to tackle complex issues of programming and site use such as the winning designs for the Pittsburgh Childrens Museum Expansion and the Chicago Public Schools competitions. The firm has designed buildings without precedent, such as the Simone Hotel, the first new single room occupancy hotel on "Skid Row" in Los Angeles in over 30 years, and have master-planned for unique facilities such as the historic Farmers Market. The Ken Edwards Center for Community Services has offered comfort and convenience for numerous users in the local community. Koning Eizenberg's completion of the Gilmore Bank renovation and expansion incorporated design principles addressing security, sustainable environments, and historic contexts. Tenant improvement projects such as Lightstorm Entertainment, Digital Domain, and Rare Medium demonstrate Koning Eizenbergs ability to provide technically demanding, fast-track service. The firms ongoing interest in landscape influences such designs as the Plummer Park Community Center and the Sepulveda Gym. These projects have required innovative solutions and the coordination of a myriad of agency and community needs. Recently completed projects include the Downtown L.A. Standard, 5th Street Family Housing, PS#1 Elementary School Expansion, RAD Clothing, the Avalon Hotel and the 25th Street Studio.
Their buildings might best be described as brilliantly sensible. They are comfortable environments where suggestion rather than statement is used to engage the viewer or user of the building. In Koning Eizenbergs buildings one is encouraged to discover space and architecture for oneself guided by compositional cues, landscape strategies, special sequence and scale change. The result is innovative architecture with a rare kind of humanism."
SUMMARY
The proposed zone change is in conformity with public necessity, convenience, general welfare and good zoning practice in that it will allow the development of a project that addresses stated goals of the City. The proposed project will provide needed housing units close to existing shopping and job centers, enhance a vibrant pedestrian-oriented commercial district, and will anchor the Venice/Abbot Kinney corner as an inviting gateway to the Abbot Kinney district.
EXCEPTION FROM GEOGRAPHICALLY
SPECIFIC PLAN AS PRESCRIBED BY
THE CITY PLANNING COMMISSION
Additional Information
The Exception from the Venice Specific Plan is permitted pursuant to Section 11.5.7.F. of the Comprehensive Zoning Ordinance.
Explain in detail wherein your case conforms to the following requirements:
The strict application of the specific plan regulations results in practical difficulties and unnecessary hardships inconsistent with the general purposes and intent of the Venice Specific Plan. The applicant proposes to develop a mixed-use project that acts as "gateway" project to the eclectic Abbot Kinney commercial area in North Venice.
Height Increase
The Venice Specific Plan limits buildings with pitch roof to a 35-foot height limit in the North Venice subarea. This regulation generates a hardship for the applicant because it does not consider the type of project or the design flexibility to accommodate the State mandated Mello requirements or density bonus.
A special circumstance is generated by the mixed-use nature of this proposed project. While residential and commercial uses are compatible, their unique design criteria must be accommodated. A successful mixed-use project must provide high quality commercial space that requires higher floor to ceiling heights than envisioned in the Specific Plan. The Specific Plan prompts the mixed-use concept, but it does not provide the development regulations required to construct it. A typical commercial floor to ceiling height is 13-15 feet. The combination of the required commercial ceiling heights and the residential demand for 9 to 10 feet ceiling heights makes it impossible to compile with the height limitations imposed by the Venice Specific Plan. This project is requesting permission to provide 14-foot commercial floor to ceiling heights and residential floor to ceiling heights ranging from 8 to 10 feet leaving the remaining approximately 7 to 9 feet for roof slope and other architectural features.
Height limits are designed to protect abutting properties from the impacts of the additional height. There is only one property, to the northwest of the site that could potentially be impacted by the increased height request of the project. In an attempt to mitigate this impact the increased height was placed on the southern portion of the site fronting Venice Boulevard. The increased height will only cast shadows on the project site and will act as an architecturally interesting gateway to the Abbot Kinney commercial district.
The inclusion of affordable units also offers a very critical justification for the increased height request. The applicant absolutely needs the additional height in order to financially justify the inclusion of its affordable housing requirement on site. Additional height allows the applicant to construct appropriately sized units generating sufficient revenue streams to subsidize the affordable units. Without relief from the height, floor area and yard requirements the project design could only include small unmarketable units.
Front Yard Setback
The inclusion of a 5 foot front yard is an unnecessary burden of the applicant due to the configuration of the Venice Boulevard right of way. According to BOE and DOT, Venice Boulevard is fully dedicated and improved. The improvements left a remained piece of approximately 15 between the back of curb and the project site. The applicant is applying for a revocable permit that will allow it to utilize this area for landscaping and other project related services. The landscaping in this area will meet the intent of this landscape requirement and justifies the elimination of this requirement.
Floor Area
As mentioned above, increasing the density of the site by itself is not a sufficient guarantee that the affordable units will be constructed. The overall project must make financial sense for the applicant to gain the capital necessary to construct a project. Again the applicant must be able to maintain his/her by-right density and the design/layout of these units must generate sufficient revenues to offset the affordable units private subsidy.
It is important to clarify the applicant is only requesting and increase of approximately 1,600. This additional square footage will be located in the 4th floor units that are clustered near the Venice Boulevard frontage. Consequently, any adjacent uses are buffered from the impacts of this additional square footage. Assuming the intent of the Specific Plan is to create compatible development that protects the community, it is clear that this project is both compatible and designed to protect or buffer existing uses from the additional square footage
The strict application of the Venice Specific Plan does not take into consideration the proposed use, the need for flexibility when increasing the density of the site. Instead it imposes a one-size-fits-all set of development regulations.
State fully wherein your case conforms to the following requirements:
The size of site, location of the site, the lack of existing residential uses and the water table generate exceptional circumstances not applicable to other properties, and justify the approval of these requests. This is one of the largest undeveloped pieces of property in the Venice Community Plan area.
Size of the Site
The size of this site, 16,908 square feet, is substantially larger than the typical developable lot in the area. According to the Local Coastal Plan ("LCP") (Certified by the Coastal Commission on June 14, 2001), "Lots range in size from less than 3,000 square feet near the beach to 5,000 square feet near Lincoln Blvd." (Page II-1). Additional evidence of the uniqueness of the site is provided in the Venice Community Plan on page I-6 where it states that "there is a lack of large and vacant parcels with significant development potential". The size of this site provides the applicant the opportunity to construct a project with "significant development potential" that address the following Coastal issues enumerated in the LCP:
All projects in the Coastal zone are required to provide affordable units, but a project of this density has the potential to generate more affordable units on a single site than typical. This project will include 2 units available to qualifying very low-income applicants for approximately $640 per month. Each of the approximately 3,300 square feet lots generates a base development potential, based on the CM zone, of 4 units. Projects including nine or fewer units are exempt for the Mello Act. Consequently, if these lots were developed separately no affordable units would be constructed. This project offers an incredible opportunity to generate affordable units in the Coastal Zone.
Another special circumstance is generated by the size of the site is its ability to provide 22 new units without impacting any existing units at a time when the City is faced with a housing crisis. According to the Citys Housing Element, the West Los Angeles Subregion (which includes Venice) is required to construct approximately 2,600 new dwelling units before 2010 to meet its Regional Housing Needs Assessment numbers. Typically, development in Venice only occurs with the demolition of currently occupied units. It is very rare for a project of this density to be built without impacting an existing community members home. Most of the lots ripe for redevelopment in the Venice area contain units that are currently providing affordable rental units. Once they are demolished these community members find it difficult to remain in the area. This is a unique opportunity for the City to approve affordable and market rate rental opportunities without displacing current residents.
Water Table
The project site is also constrained by a high water table, which impacts the projects ability to construct additional levels of subterranean parking. According to recent testing completed for the site, water came within 12 feet of the surface. However, historic data reviewed for the site indicates water with 6 feet of the surface. A high water table creates design challenges that, while they can be overcome, are typically expensive. Consequently, the projects design only includes one level of subterranean parking combined with a surface lot to achieve its parking requirement. The cost savings realized by this design partially subsidizes the construction of the two affordable units on site. The water table generates a special circumstance in that it prevents the construction of a deeper hole. The money saved from not digging a deeper subterranean parking structure, helps to offset the cost of providing two affordable units on site.
Location of the Site
As the eastern gateway into the vibrant and eclectic Abbot Kinney Boulevard Community Center, a project on this site requires a unique signature design. The approval of these requests will allow the architect flexibility to create an architecturally interesting project that is sensitive to the community and the surrounding area.
As mentioned previously in the application, the additional height and floor area will be focused on the projects Venice frontage. By locating the height and increased density in this location, the majority of the project, which complies with the height limitations, buffers the community. The additional articulation permitted by this increase permits the construction of a building that marks the entrance into this unique community. If granted permission by the City, the design will include additional landscape and hardscape on an approximately 15-foot swath of land between the site and the back of Venice Boulevards curb. The areas design will incorporated the existing stand of Palm trees currently marking the corner.
The location of the site creates a special circumstance due to its potential as a gateway project.
Commercial Over Intensification
The proposed use of the site creates a special circumstance justifying approval of this project. The creation of a mixed-use project at the site helps to address the commercial intensification of the area discussed in the Venice Community Plan. The site could be developed with approximately 16,908 square feet of retail/office floor area or 8,404 square feet of retail space. The retail portion of this site only includes 5,000 square feet. A mixed-use project at the site not only limits the commercial intensification of the area, it also generates less traffic than a straight commercial project. To illustrate this fact, the projects traffic consultant, Crain & Associates, provided the following trip generation comparison for uses permitted in the M1 zone verse a mixed-use project over the entire site:
Use |
Lot area and Floor area |
Trips generated |
50% Office / 50% Retail |
Lot area = 16,908 SF Floor area = 16,908 FAR of 1 to 1 |
891 daily trips,including 44 AM peak hour trips, and 64 PM peak hour trips. |
Retail |
Lot area = 16,908 SF Floor Area = 8,404 FAR of .5 to 1 |
693 daily trips, including 18 AM peak hour trips, and 40 PM peak hour trips |
Mixed Use (22 units and 5,000 SF of commercial) |
Lot area = 16,908 SF Floor Area = 27,022 FAR of 1.6 to 1 |
600 daily trips, with 23 AM trips and 38 PM trips |
As discussed above, several special circumstances exist on the site justifying the granting of the requested exceptions. The applicant respectfully requests that the exceptions be granted.
State fully wherein your case conforms to the following requirements:
As described above, exceptional circumstances exist on the project site to justify the granting of the requested actions. Special circumstance created by the sites history and the large excess public right of way create practical difficulties denying the applicant a property right enjoyed by others.
Size of the Site
The size of this site subjects the applicant to regulations not applicable to the majority of the sites neighbors. Due to its size, it is required to provide income-restricted units. Only projects with 10 or more units are required to provide income-restricted units. The vast majority of the lots in Venice do not contain sufficient lot area to develop 10 units even when two are consolidated. Consequently, few projects actually are required to build affordable units. The elimination of income restricted units increase the applicants ability to obtain the financing necessary to construct a project. By approving these requests the applicant can offset the cost of the income restricted units and constructed a successful project that provides housing and neighbor or visitor serving retail.
Public Right of Way
The excess public right of way between the site and North Venice Boulevard creates practical difficulties unique to the site. Currently, an approximately a 15 foot deep strip of public right of way bound by the site and the back of the Venice sidewalk curb exists. While owned by the City, the property has never been maintained or required for street widening. If not incorporated into the projects design scheme its derelict state would prevent the project from creating an attractive "gateway" project.
A strict interpretation of the Specific Plan requires a 10-foot front yard requirement in addition to the excess public right of way. It seems unreasonable to require the applicant to provide a 10 foot landscaped area that will be adjacent to a dirt patch with weeds. Not to mention it does not meet the spirit of the Specific Plans desire to beautify the street frontages. According to conversions with Staff members from Bureau of Engineering, Department of Transportation and Department of Planning, Venice Boulevard (North and South) was recently fully improved. In there opinions this area was of no value to the City and could potentially be vacated. While not requesting a full vacation of the public right-of way, the applicant is proposing to incorporate the area into its site plan via the revocable permit process. The project would aesthetically improve and maintain the area, in exchange for the right to use it. The improvements achieve the intent of the regulation by providing relief from the building mass, while at the same time enhances the aesthetic of the Venice Boulevard frontage. This excess right of way provides a practical difficulty not applicable to adjacent owners.
As demonstrated above special circumstance apply to this site justifying the approval of this project.
State fully wherein your case conforms to the following requirements:
Granting the requested exceptions will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone. The well-designed integrated project is situated on the site such that the surrounding community members are buffered from any potential impacts associated with the increased density or floor area. The community will benefit from this particular project because it generates substantially less traffic than the vast majority of other permitted uses on the site.
Design
The granting of these requests permits the applicant to construct a well-designed functional mixed-use project that is sensitive to its surrounding community. By locating the increased height and floor area along the Venice frontage the potential for a "gateway" style building design is realized. It also permits the relocation of ground floor units, lost to the water table, to a third level. There is no adjacent property that is adversely impacted by the increased height located in this area.
Parking
The design of this building exceeds the Venice Specific Plans parking standards, which are more restrictive than the L.A.M.C. In response to the lack of parking in the area, the Plan not only imposes more restrictive parking standards than the L.A.M.C., it also includes a beach parking impact requirement. The applicant is proposing to provide all required spaces on site and choosing not to pay into a mitigation fund for spaces that are not being built. Being able to provide any spaces in excess of the Plans requirement demonstrates sensitivity to a community concern.
Traffic Generation
By right, the M1 could be developed with approximately 16,908 square feet of office/retail floor area or 8,404 square feet of retail floor area. A mixed-use project at this site not only limits the commercial intensification of the area it also generates less traffic than a straight commercial project. To illustrate this benefit, the projects traffic consultant, Crain & Associates, has provided the following trip generation comparison for uses permitted in the M1 zone verse a mixed-use project over the entire site:
Use |
Lot area and Floor area |
Trips generated |
50% Office / 50% Retail |
Lot area = 16,809 SF Floor area = 16,809 FAR of 1 to 1 |
891 daily trips,including 44 AM peak hour trips, and 64 PM peak hour trips. |
Retail |
Lot area = 16,809 SF Floor Area = 8,404 FAR of .5 to 1 |
693 daily trips, including 18 AM peak hour trips, and 40 PM peak hour trips |
Mixed Use (22 units and 5,000 SF of commercial) |
Lot area = 16,809 SF Floor Area = 27,022 FAR of 1.6 to 1 |
600 daily trips, with 23 AM trips and 38 PM trips |
The combination of quality architecture and the above referenced design sensitivities creates a project that is a benefit to the community.
State fully wherein your case conforms to the following requirements:
The General Plan will not be adversely affected by the granting of these exceptions. In fact, this project promotes many of the goals and policies of the General Plan. The following will discuss the projects consistency with various elements of the General Plan, including the Local Coastal Plan ("LCP"), Venice Community Plan and the Housing Element.
Local Coastal Plan
Policy I.B.2 of the LCP specifically encourages "mixed use residential commercial" uses in all areas designated on the Land Use Policy Map for commercial use. One of the benefits acknowledged in the LCP is that mixed use development is intended to mitigate traffic impacts in the area and increase the potential for pedestrian activity. The project proposes to provide neighborhood-serving retail, which will promote pedestrian activity in the area. As mentioned in a previous Finding, the project generates the fewer trips than many of the other permitted uses on the site.
Policy V.A.5 of the LCP promotes the creation and maintenance of streetscapes that "enhance pedestrian activity and contribute to a high quality of life and visual image for residents and visitors". The sites redevelopment provides the perfect opportunity to implement a streetscape, enhancing the visual image of Venice Boulevard and Abbot Kinney, which in turn enhances the quality of life in the area.
Venice Community Plan
Under Community Issues and Opportunities, the Venice Community Plan discusses the need for the "Preservation of residential neighborhoods and provisions of more affordable housing" (Page I-2). This project achieves both of these goals simultaneously, as it will create 22 new dwelling units without demolishing any existing units. Furthermore, not only will this project generate new dwelling units, ten percent of these units will be income restricted.
Policy 1-2.2: "The Plan permits mixed-used or residential only development in commercial zones". Obviously, this mixed-use project responds to this policy by limiting the amount of retail developed on the site.
Objective 1-4: "to promote the adequacy and affordability of multiple-family housing and increase its accessibility to more segments of the population." With the inclusion of 10% of its units at a level affordable to very low-income homeowners, the proposed project increases the number of and accessibility to affordable units in the area. These units will also be new units that are constructed to current building code specifications, thus creating a quality living environment for all of the future residents.
Policy 1-4.2: "Ensure that new housing opportunities minimize displacement of residents". Since this site currently vacant there will be no displacement of existing residents.
HOUSING ELEMENT
The Housing Element outlines a critical lack of housing opportunities. According to the Housing Element "Population increases in all planning areas within the West Los Angeles Subregion result in that subregion growing more than any other in the City" (Page 3-31). It indicates that the City must generated approximately 60,280 dwelling units over a seven year period starting in 1998 and ending 2005. This equates to approximately 8,600 units per year and approximately 400 units per year in the West Los Angeles sub region. Of these units, 47% need to be constructed for residents in the "Low and Very Low" income category. According to the report by the City Councils Housing Crisis Task Force, Recommendations to Facilitate Housing Production (September 2000), there is a downward trend in terms of housing production (3,140 fewer units were built in 2000 than in 1999). As a result, actual dwelling unit production is no where close to these numbers.
While this project will not eliminate the housing shortage in the City, it is consistent with the goal of the Citys Housing Element to generate more housing, 10% of which are set aside for low income residents.
As demonstrated above the project strives to achieve the goals and intent of the General Plan, the applicant respectfully requests the approval of the discretionary requests.
RECOMMENDED ZONE VARIANCE FINDINGS
The strict application of the zoning ordinance results in unnecessary hardships inconsistent with the zoning regulation. The sites high water table and the height limit imposed by the Venice Specific Plan generate practical difficulties for a project that strives to provide on-site income restricted units and additional parking spaces. With the granting of this variance, the project will have access to a conveniently located loading dock.
As mentioned in previous findings, the applicant is requesting permission to utilize the adjacent excess Venice Boulevard public right-of-way via a revocable permit from the Bureau of Engineering. This is an area that Staff Members of the Bureau of Engineering, Department of Transportation, and Planning indicated is not required for any future street improvements. The number of street vacations approved along Venice Boulevard near the site provides proof of this assertion. During all of the years this area was under City control it has never been properly maintained.
The approval of the revocable permit is a win-win situation for the applicant and the community. The applicant is able to design a loading dock for the project that does not impact the height of the building, the number of units, or the number of parking spaces. The community gains additional parking in an impacted area, two income restricted units as well as twenty market rate units, and, most importantly, the applicant will be required to landscape and maintain this forgotten frontage. It is anticipated that the loading area would be made substantially out of grass crete, decomposed granite, or similar material, with a small concrete walkway at its rear to provide a hard surface to permit the easy transportation of supplies and merchandize. Venice Boulevard would be shielded from the loading dock by a well-designed wall covered by a hedge.
It is also important to mention that this 5,000 square foot retail use will generate very few truck trips per day. In fact, it is more likely that a use of this size would only received deliveries a couple of times a week. Consequently, this area will appear to be a well-landscaped and maintained open space element of the project a majority of the time.
The configuration of the project will change if the applicant was required to locate the loading space on site. This type of change would have a ripple effect on the project design, which could impact the height of the building, the number of units, or number of parking spaces. A loading dock requires a 14 feet clear height for trucks to access it. This additional height either forces the first floor of units up to maintain a consistent floor plane. Or it requires a reduction in the ceiling height of the unit located directly above the loading space. Another alternative is to eliminate a unit or two. The elimination of a unit drastically changes the applicants pro-forma for the project. The economics of a project that includes income-restricted units is marginal to begin with. While the applicant is motivated to provide affordable units on site, this motivation is hamstrung if the density, which generates the income for the project, is reduced. Parking is also reduced within the project by the width requirements of a loading dock. At least two parking spaces would be lost if the loading dock is moved back on the site. Venice is a parking impacted area, every space is critical to the area. The project design meets the spirit of the Code, while the denial of this request creates an unnecessary hardship on the applicant and the community.
By locating the loading dock in the public right of way, the applicant achieves consistency with the Code, in terms of providing a loading space for its retail use. The provision of this loading dock ensures that the project does not impact circulation in the area nor does in it impact street parking in the area.
The size of site, location of the site, the sites current use and the water table generate exceptional circumstances not applicable to other properties, and justify the approval of this request. This is one of the largest undeveloped pieces of property in the Venice Community Plan area. Its potential to generate new residential units without removing any existing units is unique for the area. At the same time, the sites water table limits the projects ability to dig a deeper subterranean parking structure.
Size of the Site
The size of this site, 16,908 square feet, is substantially larger than the typical developable lot in the area. According to the Local Coastal Plan ("LCP") (Certified by the Coastal Commission on June 14, 2001), "Lots range in size from less than 3,000 square feet near the beach to 5,000 square feet near Lincoln Blvd." (Page II-1). Additional evidence of the uniqueness of the site is provided in the Venice Community Plan on page I-6 where it states that "there is a lack of large and vacant parcels with significant development potential." The size of this site provides the applicant the opportunity to construct a project with "significant development potential" that addresses the following Coastal issues enumerated in the LCP:
All projects in the Coastal Zone are required to provide affordable units, but a project of this density has the potential to generate more affordable units on a single site than typical. This project will include 2 units available to qualifying very low-income applicants. Each of the approximately 3,300 square foot lots generates a based development potential, based on the CM zone, of 4 units. Projects including nine or fewer units are exempt for the Mello Acts affordable housing requirement. Consequently, if these lots were developed separately, no affordable units would be constructed. This project offers an incredible opportunity to generate affordable units in the Coastal Zone without creating an excessive financial hardship on the applicant.
Location of the Site
As the eastern gateway into the vibrant and eclectic Abbot Kinney Boulevard Community Center, a project on this site requires a unique signature design. The approval of this request will allow the architect flexibility to create an architecturally interesting project that is sensitive to the community and the surrounding area. The site abuts an unneeded, approximately 15 foot, public right of way that has never been maintained by the City. The applicant is proposing to utilize this area for the seldom-used loading dock. In exchange, the Community gains a beautified right-of-way maintained by the applicant at no cost to the City. This excess right-of-way creates a special circumstance that justifies the approval of this request.
No loss of existing units
Another special circumstance is generated by the size of the site which is its ability to provide 22 new units without impacting any existing units at a time when the City is faced with a housing crisis. According to the Citys Housing Element, the West Los Angeles Subregion (which includes Venice) is required to construct approximately 2,600 new dwelling units before 2010 to meet its Regional Housing Needs Assessment numbers. Typically, development in Venice only occurs with the demolition of currently occupied units. It is very rare for a project of this density to be built without impacting an existing community members home. Most of the lots ripe for redevelopment in the Venice area contain units that are currently providing affordable rental units. Once they are demolished these community members find it difficult, if not impossible, to locate similarly priced units and remain in the area. This is a rare and unique opportunity for the City to approve affordable and market rate rental opportunities without displacing current residents.
Water Table
The project site is also constrained by a high water table, which impacts the projects ability to construct additional levels of subterranean parking. According to recent soils testing completed for the site, water came within 12 feet of the surface. However, historic data reviewed for the site indicates water within 6 feet of the surface. A high water table creates design challenges that, while they can be overcome, are typically expensive. Consequently, the projects design only includes one level of subterranean parking combined with a surface lot to achieve its parking requirement. The cost savings realized by this design partially subsidizes the construction of the two affordable units on site. The water table generates a special circumstance in that it prevents the construction of a deeper hole. The money saved from not digging a deeper subterranean parking structure, helps to offset the cost of providing two affordable units on site.
As demonstrated above, the size of site, location of the site, the sites current use and the water table generate exceptional circumstances not applicable to other properties, and justify the approval of this request.
As illustrated on the Bureau of Engineering maps and on the aerial photographs submitted with this application, the majority of the other property owners in the area have been allowed to use the public right-of-way along North Venice Boulevard for improvements related to their adjacent private projects. Such use has been allowed through both revocable permits and right-of-way vacations. The applicant has elected to seek a revocable permit to locate the loading space in the approximate fifteen foot (15) wide right-of-way. Such a revocable permit will be meaningful only if this variance to allow a loading space on an adjacent parcel is approved. Such approval would be consistent with prevailing land use patterns in the immediate area. Denial of the variance would prohibit location of the loading space in the right-of-way area and would cause practical difficulties and unnecessary hardships inconsistent with property rights generally possessed by other property in the area.
The granting of the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone or vicinity in which the property is located because it will allow a use of the public right-of-way immediately north of North Venice Boulevard that is typically enjoyed by other property owners in the area and is consistent with the development and use patterns in the immediate area. Many of the surrounding property owners have obtained this land via vacation and are using it for various uses, some less attractive than a well-design and screened loading dock. For example, the sites eastern neighbor obtained this property via a vacation and uses it for surface parking that includes no landscaping.
The public welfare is prompted by the aesthetic enhancement generated by the applicants use of this excess right-of-way. The applicant is proposing a landscape treatment that will include grass crete, decomposed granite or some similar material combined with a decorative wall and lush landscaping. The applicant plans to introduce landscaping and hardscape to an area that has remained dirt and weeds under the Citys control. This aesthetic enhancement of this area by a private property owner promotes the public welfare.
The project as proposed is consistent with many goals of the General Plan, the Venice Community Plan and the Venice Coastal Specific Plan. Applicable housing-related Objectives from the Community Plan are as follows:
Objective 1-1: To provide for the preservation of housing stock and its expansion to meet the diverse economic and physical needs of the existing residents and projected population of the Plan area to the year 2010.
Objective 1-2: To reduce vehicular trips and congestion by developing new housing in proximity to service and facilities.
Objective 1-4: To promote the adequacy and affordability of multiple family housing and increase its accessibility to more segments of the population.
Applicable commercial-related Objectives from the Community Plan are as follows:
Objective 2-1: To conserve and strengthen viable commercial development in the community and to provide additional opportunities for new commercial development and services within existing commercial areas.
Objective 2-2: To enhance the identity of distinctive commercial districts and to identify pedestrian-oriented districts.
By granting the requested variances related to Loading Space, the decision-maker is approving a project designed to meet the objectives expressed above and also serve as a major "gateway" pedestrian-oriented project, welcoming visitors and local residents to the renowned Abbot Kinney commercial district. Denial of the requested variances inhibits the projects ability to meet the identified public policy goals. Such a project may adhere more closely to the Zoning Code in several technical respects, but at the cost of greatly reduced effectiveness in achieving its community-enhancing goals as detailed in the General Plan and other relevant planning documents.
ADJUSTMENT FINDINGS
The building is designed with zero yard setbacks, which is typical for commercial projects and would be allowed by right in the proposed CM zone, if not for the inclusion of housing units in this mixed-use project. Even with the residential component, the proposed zero (0) foot setback at the front is allowed by right within the proposed CM zone. Side and rear yards, however, are required to comply with R3 standards. The Applicant seeks approval of a zero (0) foot setback for the side and rear yards, in lieu of six (6) and fifteen (15) foot setbacks, respectively.
The granting of the requested yard adjustments will result in development consistent with the surrounding uses. The subject site is surrounded by M1 and C2 zoned properties, with no abutting residential zone. The surrounding industrial and commercial properties are allowed to build with no required yard setbacks, and most buildings in the area are constructed without yard setbacks.
The applicant is simply requesting permission to develop the subject site in a configuration consistent with other properties in the surrounding area.
The General Plan will not be adversely affected by the granting of this adjustment. In fact, this project promotes many of the goals and policies of the General Plan. The project is consistent with various elements of the General Plan, including Venice Community Plan and the Housing Element, as well as the Local Coastal Plan (LCP).
Local Coastal Plan (LCP)
Policy I.B.2. of the LCP specifically encourages "mixed use residential commercial" uses in all areas designated on the Land Use Policy Map for commercial use. One of the benefits acknowledged in the LCP is that mixed use development generates less traffic and increases the potential for pedestrian activity.
Policy V.A.5. of the LCP promotes the creation and maintenance of streetscapes that "enhance pedestrian activity and contribute to a high quality of life and visual image for residents and visitors". This project will provide new development of a currently vacant site on a highly visible corner of a major intersection and will provide the perfect opportunity to implement such a streetscape, thereby enhancing the visual image of Abbot Kinney Boulevard and Venice Boulevard, which in turn will enhance the quality of life in the general area.
Venice Community Plan
Under Community Issues and Opportunities, the Venice Community Plan discusses the need for the "Preservation of residential neighborhoods and provisions of more affordable housing" (Page I-2). This project achieves both of these goals simultaneously, as it will create 22 new dwelling units without demolishing any existing units. Furthermore, in addition to generating new dwelling units on a currently vacant site, this project will also set aside ten percent of them for very low-income owners.
The project is also consistent with the following Objectives and Policies of the Venice Community Plan:
Objective 1-1: To provide for the preservation of housing stock and its expansion to meet the diverse economic and physical needs of the existing residents and projected population of the Plan area to the year 2010.
Objective 1-2: To reduce vehicular trips and congestion by developing new housing in proximity to service and facilities.
Objective 1-4: To promote the adequacy and affordability of multiple family housing and increase its accessibility to more segments of the population.
Objective 2-1: To conserve and strengthen viable commercial development in the community and to provide additional opportunities for new commercial development and services within existing commercial areas.
Objective 2-2: To enhance the identity of distinctive commercial districts and to identify pedestrian-oriented districts.
Objective 2-3: To enhance the appearance of commercial districts.
Policy 1-4.2: Ensure that new housing opportunities minimize displacement of residents.
Housing Element
The Housing Element outlines a critical lack of housing. According to the Housing Element, "Population increases in all planning areas within the West Los Angeles Subregion result in that subregion growing more than any other in the City" (Page 3-31). It indicates that the City must generate approximately 60,280 dwelling units between 1998 - 2005. This equates to approximately 8,600 units per year and approximately 400 units per year in the West Los Angeles subregion. Of these units, 47% need to be constructed for residents in the "Low and Very Low" income category. According to the report by the City Councils Housing Crisis Task Force, Recommendations to Facilitate Housing Production (September 2000), there is a downward trend in terms of housing production (3,140 fewer units were built in 2000 than in 1999). As a result, actual housing production is nowhere close to these numbers. While this project will not eliminate the housing shortage in the City, it is consistent with the goal of the Citys Housing Element to generate more housing as it will produce 22 units, 10% of which set aside for low income residents.
Without the requested Adjustment, the overall floor area of the building would have to be reduced, thus reducing the total number of housing units to be built. This would be a result inconsistent with housing goals of the City.
General Plan Consistency
The Venice Community Plan designates the subject parcel as Limited manufacturing. The requested zone change to CM is consistent with this designation. The requested yard Adjustment does not effect the projects consistency with the General Plan designation.
Granting the requested adjustment is in conformance with the spirit and intent of the Zoning Code.
The proposed CM zone allows the ground floor retail portion to be built with zero setbacks, but would require additional step-backs, or a "wedding cake" design, for the upper residential floors of the building. This requirement is intended to protect existing adjacent traditional residential uses from the intrusion of a new building without side and rear setbacks, and to protect new residents of the proposed project from future commercial development that could be constructed without side and rear setbacks.
In the subject case, however, the site is surrounded on three sides by public streets and an alley, and the design of the building takes into account the one existing neighboring building at the westerly side of the site. The building design features an interior courtyard, bringing light and air to all units. The westerly side of the building includes stairway and elevator shafts adjacent to the existing neighboring building. One residential unit is sited along the westerly side of the building, but overlooks a one-story portion of the adjacent development. All units are designed with cross ventilation from windows in the west and east elevations.
No adverse impacts will be created by granting the requested adjustment. As a 3-story mixed-use building, the ground floor retail portion is allowed to be built with zero setbacks per Code. The requested Adjustment affects only the 2nd and 3rd floors, which are to be developed with residential units. Many of the recent new developments include Artist in Residences units on the ground floor and above that are constructed to the property line.
The subject site is bordered on two sides by major streets, Abbot Kinney Boulevard and North Venice Boulevard. Abbot Kinney is designated as Secondary Highways and Venice Boulevard is a fully improved Scenic Highway Class II. The property is also bordered on one side by a 20 wide alley, Irving Tabor Court. Only one neighboring property abuts to subject site. This neighboring property is developed with a driveway abutting the subject site, and with buildings at the front and rear.
The proposed project mitigates any potential adverse impacts by incorporating common areas such as trash chute, stairwell and elevator shaft adjacent to the one abutting property. In addition, there is only one residential unit located along the abutting elevation, and that unit is served by windows and cross-ventilation opening onto an interior courtyard and the 20 foot alley. These sources of light and air will be unaffected by existing or potential future development of the abutting property.
Because of the unique setting of the subject site, and the mitigation offered by the creative design of the proposed building, there will be no adverse impacts from the granting of the proposed adjustment.
The subject site is located at a major "gateway" intersection of Venice and Abbot Kinney Boulevards. For visitors and residents heading to the Abbot Kinney Boulevard Community Center via Venice Boulevard, this property is the first impression they will have of this "unique pedestrian-oriented area with retail shops, restaurants and art galleries", as identified in the Venice Community Plan (page III-6). The Community Plan also identifies an opportunity to "develop a distinctive character and cohesive visual identity for the community through the upgrade of commercial areas, especially at the entry points on major streets of Venice Boulevard " (page I-3). The architect has envisioned this building as making a powerful statement about its gateway location. The architect has used architectural design and proposes massing the structure to the property lines, which is felt to be more pedestrian-oriented and evocative of an earlier era of mixed-use buildings in urban settings. The tallest portion of the building, the section comprised of the mezzanine levels of the four front units, is purposely located at the Venice Boulevard elevation to create sufficient mass and scale to confidently claim its gateway status in the context of other development in the area. Strict adherence to the zoning code would be impractical, in that it would not allow realization of the proposed architectural design, which is uniquely appropriate for the site.
The requested adjustment would not be necessary, except for the presence of residential units on the 2nd and 3rd floors of the proposed building. If the applicant were proposing commercial uses on these floors, no side or rear setbacks would be required. Thus, the same mass and scale of building would be allowed, but such uses would be less consistent with the housing production goals of the City. It would be impractical, or even nonsensical, to permit a certain physical design for a use that meets fewer of the Citys General Plan goals, and then deny that same design to a use that achieves a greater number of the Citys goals.
Finally, it is impractical to strictly adhere to Code regulations when there is a housing crisis. Denial of this approval would reduce the total floor area of the 2nd and 3rd floors of the building, affecting either the square footage of the units, the total number of units or the amount of open space provided in the courtyards. Reducing any of these elements would negatively affect the project and render it less effective in meeting the goals stressed in the Citys Housing Element. Equally important is the need to construct high quality multi-family housing with a practical amount of floor area and open space. The approval of these adjustments will permit the construction of urgently needed, comfortable housing units, including 10% very low income units, without having a negative impact on the community.
Commercial Corner Findings
The proposed project, "Abbot Lofts," is located at 1645-1657 Abbot Kinney Boulevard, at the northeast corner of Abbot Kinney and Venice. The site is currently vacant. The proposed mixed use project is in the design stages and is expected to include 22 "for rent" residential loft units above approximately 5,000 square feet of ground floor, neighborhood serving retail space. As currently contemplated, the project will provide two affordable units at the very-low income level and 20 market rate apartments. All code required parking is anticipated to be provided on-site.
Abbot Lofts is a true mixed use project designed to embrace the gateway nature of this important site. The ground level will be programmed with retail area that can be subdivided into small spaces (approximately 1,000-1,500 sf each) that will draw retail interest to the southern portion of this eclectic street and in so doing will generate pedestrian activity to this end of Abbot Kinney. The residential loft units, located on the projects upper floors, will be separated from the retail space. Individual units will be designed to maximize flexible living by incorporating high ceilings, natural light and a variety of unique interior spaces. A combination of private and shared open space will be provided for residents on the podium level. Project parking will be a combination of on-grade and subterranean.
Granting the requested project is compatible with the surrounding community and is desirable to the public convenience and welfare. The well-designed integrated project is situated on the site such that the surrounding community members are buffered from any potential impacts associated with the increased density or floor area. The community will benefit from this particular project because it generates more parking than required by Code, new housing units two of which are affordable, and substantially less traffic than the vast majority of other permitted uses on the site. The proposal is also consistent with the Master Plan.
Design
The granting of these requests permits the applicant to construct a well-designed functional mixed-use project that is sensitive to its surrounding community. By locating the increased height and floor area along the Venice frontage the potential for a "gateway" style building design is realized. It also permits the relocation of ground floor units, lost to the water table, to a third level. There is no adjacent property that is adversely impacted by the increased height located in this area.
Parking
The design of this building exceeds the Venice Specific Plans parking standards, which are more restrictive than the L.A.M.C. In response to the lack of parking in the area, the Plan not only imposes more restrictive parking standards than the L.A.M.C., it also includes a beach parking impact requirement. The applicant is proposing to provide all required spaces on site and choosing not to pay into a mitigation fund for spaces that are not being built. Being able to provide any spaces in excess of the Plans requirement demonstrates sensitivity to a community concern.
Traffic Generation
By right, the M1 could be developed with approximately 16,908 square feet of office/retail floor area or 8,404 square feet of retail floor area. A mixed-use project at this site not only limits the commercial intensification of the area it also generates less traffic than a straight commercial project. To illustrate this benefit, the projects traffic consultant, Crain & Associates, has provided the following trip generation comparison for uses permitted in the M1 zone verse a mixed-use project over the entire site:
Use |
Lot area and Floor area |
Trips generated |
50% Office / 50% Retail |
Lot area = 16,809 SF Floor area = 16,809 FAR of 1 to 1 |
891 daily trips,including 44 AM peak hour trips, and 64 PM peak hour trips. |
Retail |
Lot area = 16,809 SF Floor Area = 8,404 FAR of .5 to 1 |
693 daily trips, including 18 AM peak hour trips, and 40 PM peak hour trips |
Mixed Use (22 units and 5,000 SF of commercial) |
Lot area = 16,809 SF Floor Area = 27,022 FAR of 1.6 to 1 |
600 daily trips, with 23 AM trips and 38 PM trips |
The combination of quality architecture and the above referenced design sensitivities creates a project that is a benefit to the community. Please refer to Adjustment finding 2 and Exception finding 5 for consistency with the General Plan.
The granting of these requests permits the applicant to construct a well-designed functional mixed-use project that is sensitive to its surrounding community. By locating the increased height and floor area along the Venice frontage the potential for a "gateway" style building design is realized and the relocation of ground floor units lost to the water table to a third level possible. There is no adjacent property that is adversely impacted by the increased height located in this area.
Consistent with the intent of the Specific Plan, the project will enhance the aesthetic of the two streets the project fronts on. Gone will be the dirt and weeds in there place will be a newly constructed "gateway" style building with its varied roof line, attractive material commination and landscaping.
Glazing
The project will include more than fifty percent glazing along all retail frontages. Unfortunately, the strict interpretation of the Code indicates that the 50% glazing is required for all ground floor non-residential portion of the project. Approximately 50% of the building fronting onto Venice contains surface parking spaces built behind the retail and below the residential. While the glazing could be added to these areas to achieve the glazing requirement, it does not make sense to provide glazing in these areas. Glazing will dominate the remaining portions of the Venice frontage so that a 33% of this entire frontage will be glass.
Landscape Setback
The applicant is requesting permission to develop a mixed-use project that is consistent with other developments in the area. The vast majority of the uses along Abbot Kinney are not setback and do not contain landscaping. While on the Venice frontage the site is buffered from the street by an approximately 15 foot right of way that has never been maintained by the City. The applicant proposes to meet the spirit of this Code Section, by incorporating that right of way in to the project design. The design will enhance the areas appearance, require the applicants to maintain the area and provide a buffer from the buildings.
The project design will enhance the sites aesthetics, while at the same time demonstrate compatibility with the surround community.
|
YES/NO |
|
|
A drive-thru fast food establishment |
No |
|
A business open any time between 11 p.m. and 7 a.m. |
No |
|
A multi-residential use |
Yes |
|
An Amusement enterprise as enumerated in Section 12.14 A 3 of the Los Angeles Municipal Code? |
No |
|
An automobile laundry or washrack |
No |
|
A commercial swimming pool |
No |
|
The depositing of recyclable materials as set forth in Sec 12.14 A 11 of the Los Angeles Municipal Code |
No |
|
Type of Space |
Total by Type |
|
Handicap |
Per Code |
|
Compact |
Per Code |
|
Standard |
Per Code |
|
Total |
81 (77 Code required and 4 surplus) |
Granting the requested exceptions will not be materially detrimental to the public welfare or injurious to the property or improvements in the same zone. The well-designed integrated project is situated on the site such that the surrounding community members are buffered from any potential impacts associated with the increased density or floor area. The community will benefit from this particular project because it generates substantially less traffic than the vast majority of other permitted uses on the site.
Design
The granting of these requests permits the applicant to construct a well-designed functional mixed-use project that is sensitive to its surrounding community. By locating the increased height and floor area along the Venice frontage the potential for a "gateway" style building design is realized. It also permits the relocation of ground floor units, lost to the water table, to a third level. There is no adjacent property that is adversely impacted by the increased height located in this area.
Parking
The design of this building exceeds the Venice Specific Plans parking standards, which are more restrictive than the L.A.M.C. In response to the lack of parking in the area, the Plan not only imposes more restrictive parking standards than the L.A.M.C., it also includes a beach parking impact requirement. The applicant is proposing to provide all required spaces on site and choosing not to pay into a mitigation fund for spaces that are not being built. Being able to provide any spaces in excess of the Plans requirement demonstrates sensitivity to a community concern.
Traffic Generation
By right, the M1 site could be developed with approximately 16,908 square feet of office/retail floor area or 8,404 square feet of retail floor area. A mixed-use project at this site not only limits the commercial intensification of the area it also generates less traffic than a straight commercial project. To illustrate this benefit, the projects traffic consultant, Crain & Associates, has provided the following trip generation comparison for traditional commercial uses on the M1 site verse a mixed-use project over the entire site:
Use |
Lot area and Floor area |
Trips generated |
50% Office / 50% Retail |
Lot area = 16,809 SF Floor area = 16,809 FAR of 1 to 1 |
891 daily trips,including 44 AM peak hour trips, and 64 PM peak hour trips. |
Retail |
Lot area = 16,809 SF Floor Area = 8,404 FAR of .5 to 1 |
693 daily trips, including 18 AM peak hour trips, and 40 PM peak hour trips |
Mixed Use (22 units and 5,000 SF of commercial) |
Lot area = 16,809 SF Floor Area = 27,022 FAR of 1.6 to 1 |
600 daily trips, with 23 AM trips and 38 PM trips |
The combination of quality architecture and the above referenced design sensitivities creates a project that is a benefit to the community.
h) Why is the Project proper in relation to the various elements of the General Plan including any applicable specific plans? Does the project conform to any applicable specific plans?
The Master Plan will not be adversely affected by the granting of these exceptions. In fact, this project promotes many of the goals and policies of the Master Plan. The following will discuss the projects consistency with various elements of the Master Plan, including the Local Coastal Plan ("LCP"), Venice Community Plan and the Housing Element.
Local Coastal Plan
Policy I.B.2 of the LCP specifically encourages "mixed use residential commercial" uses in all areas designated on the Land Use Policy Map for commercial use. One of the benefits acknowledged in the LCP is that mixed use development is intended to mitigate traffic impacts in the area and increase the potential for pedestrian activity. The project proposes to provide neighborhood-serving retail, which will promote pedestrian activity in the area. As mentioned in a previous Finding, the project generates the fewer trips than many of the other permitted uses on the site.
Policy V.A.5 of the LCP promotes the creation and maintenance of streetscapes that "enhance pedestrian activity and contribute to a high quality of life and visual image for residents and visitors". The redevelopment of a provides the perfect opportunity to implement a streetscape enhancing the visual image of Venice Boulevard and Abbot Kinney, which in turn enhances the quality of life in the area.
Venice Community Plan
Under Community Issues and Opportunities, the Venice Community Plan discusses the need for the "Preservation of residential neighborhoods and provisions of more affordable housing" (Page I-2). This project achieves both of these goals simultaneously, as it will create 22 new dwelling units without demolishing any existing units. Furthermore, not only will this project generate new dwelling units, ten percent of these units will be income restricted.
Policy 1-2.2: "The Plan permits mixed-used or residential only development in commercial zones". Obviously, this mixed-use project responds to this policy by developing residential uses in a commercial zone.
Objective 1-4: "to promote the adequacy and affordability of multiple-family housing and increase its accessibility to more segments of the population." With the inclusion of 10% of its units at a level affordable to very low-income homeowners, the proposed project increases the number of and accessibility to affordable units in the area. These units will also be new units that are constructed to current building code specifications, thus creating a quality living environment for all of the future residents.
Policy 1-4.2: "Ensure that new housing opportunities minimize displacement of residents". Since this site currently contains a manufacturing use there will be no displacement of existing residents.
HOUSING ELEMENT
The Housing Element outlines a critical lack of housing. According to the Housing Element, "Population increases in all planning areas within the West Los Angeles Subregion result in that subregion growing more than any other in the City" (Page 3-31). It indicates that the City must generate approximately 60,280 dwelling units over a seven year period starting in 1998 and ending 2005. This equates to approximately 8,600 units per year and approximately 400 units per year in the West Los Angeles subregion. Of these units, 47% need to be constructed for residents in the "Low and Very Low" income category. According to the report by the City Councils Housing Crisis Task Force, Recommendations to Facilitate Housing Production (September 2000), there is a downward trend in terms of housing production (3,140 fewer units were built in 2000 than in 1999). As a result, actual dwelling unit production is no where close to these numbers. While this project will not eliminate the housing shortage in the City, it is consistent with the goal of the Citys Housing Element to generate more housing as it will produce 22 units, 10% of which set aside for low income residents.
For the reasons listed above, the project is consistent with the General Plan.
Granting the request will permit the construction of a development that is consistent with the immediate neighborhood. The well-designed integrated project is situated on the site such that the surrounding community members are buffered from any potential impacts associated with the increased density or floor area. The community will benefit from this particular project because it incorporates a high quality design, increases the availability of parking in the area and generates substantially less traffic than the vast majority of other permitted uses on the site.
Design
The granting of these requests permits the applicant to construct a well-designed functional mixed-use project that is sensitive to its surrounding community. By locating the increased height and floor area along the Venice frontage the potential for a "gateway" style building design is realized. It also permits the relocation of ground floor units, lost to the water table, to a third level. There is no adjacent property that is adversely impacted by the increased height located in this area.
Parking
The design of this building exceeds the Venice Specific Plans parking standards, which are more restrictive than the L.A.M.C. In response to the lack of parking in the area, the Plan not only imposes more restrictive parking standards than the L.A.M.C., it also includes a beach parking impact requirement. The applicant is proposing to provide all required spaces on site and choosing not to pay into a mitigation fund for spaces that are not being built. Being able to provide any spaces in excess of the Plans requirement demonstrates sensitivity to a community concern.
Traffic Generation
By right, the M1 could be developed with approximately 16,908 square feet of office/retail floor area or 8,404 square feet of retail floor area. A mixed-use project at this site not only limits the commercial intensification of the area it also generates less traffic than a straight commercial project. To illustrate this benefit, the projects traffic consultant, Crain & Associates, has provided the following trip generation comparison for uses permitted in the M1 zone verse a mixed-use project over the entire site:
Use |
Lot area and Floor area |
Trips generated |
50% Office / 50% Retail |
Lot area = 16,809 SF Floor area = 16,809 FAR of 1 to 1 |
891 daily trips,including 44 AM peak hour trips, and 64 PM peak hour trips. |
Retail |
Lot area = 16,809 SF Floor Area = 8,404 FAR of .5 to 1 |
693 daily trips, including 18 AM peak hour trips, and 40 PM peak hour trips |
Mixed Use (22 units and 5,000 SF of commercial) |
Lot area = 16,809 SF Floor Area = 27,022 FAR of 1.6 to 1 |
600 daily trips, with 23 AM trips and 38 PM trips |
The combination of quality architecture and the above referenced design sensitivities creates a project that is consistent with the communitys character.
|
Use |
Square Footage |
Percentage |
|
Residential |
Approximately 22,078 |
81% |
|
Commercial |
Approximately 4,944 |
19% |
|
Total |
27,078 |
100% |
Secured access at point of ingress and egress will be provided. Lighting, security gates and locking doors will help secure the site from loitering, theft and vandalism. The residential component of the project will ensure that there are many eyes with a vested interest in protecting the property watching the site.
Does not apply