File #: PC22-4010    Name:
Type: Public Hearing Status: Agenda Ready
File created: 4/12/2022 In control: Planning Commission
On agenda: 4/21/2022 Final action:
Title: A PUBLIC HEARING FOR CONSIDERATION OF AN ENVIRONMENTAL ASSESSMENT (ENVIRONMENTAL IMPACT REPORT - STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND REPORTING PROGRAM), VARIANCE, COASTAL DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT (DENSITY BONUS), PLANNING COMMISSION DESIGN REVIEW, AND VESTING TENTATIVE MAP NO. 82561 TO PERMIT CONSTRUCTION OF A PROPOSED 30-UNIT RESIDENTIAL PROJECT WITH ADAPTIVE REUSE OF EXISTING NON-RESIDENTIAL BUILDINGS FOR COMMERCIAL PURPOSES ON PROPERTY LOCATED WITHIN A LOW-DENSITY, MULTIPLE-FAMILY RESIDENTIAL (R-3A) ZONE, IN THE COASTAL ZONE, AT 100-132 N. CATALINA AVENUE. (CASE NOS. IES-EIR-2021-01; CUP-2022-01; VAR-2022-02; CDP-2022-03; PCDR-2022-01; VTPM 82561) RECOMMENDATION: 1. Open the public hearing, administer oath, take testimony from staff, the applicant and other interested parties, and deliberate; 2. Close the public hearing; and 3. Consider the applications and proposed plans, and make a determination on the project; a. Should the Plan...
Attachments: 1. Administrative Report, 2. Draft Resolution approving the project including Exhibit A Statement of Overriding Considerations, 3. Final Environmental Impact Report (FEIR), 4. Environmental Assessment Application, 5. CUP PCDR Application, 6. Coastal Development Permit Application, 7. Subdivision Application, 8. Historic Variance Application, 9. Owner Affidavits, 10. Project Plans Catalina Village, 11. Link to Draft EIR and Appendices, 12. BF J.1. Vesting Tentative Map No 82561, 13. BF J.1. Revised Attachment A to Reso Catalina Village, 14. BF J.1. Catalina Village Comments, 15. BF J.1. Public Comments Received by Preservation Commission Catalina Village, 16. Ecomments_PC042122
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To:                                                               PLANNING COMMISSION

From:                                                               ANTONIO GARDEA, SENIOR PLANNER

 

TITLE

title    

A PUBLIC HEARING FOR CONSIDERATION OF AN ENVIRONMENTAL ASSESSMENT (ENVIRONMENTAL IMPACT REPORT - STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND REPORTING PROGRAM), VARIANCE, COASTAL DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT (DENSITY BONUS), PLANNING COMMISSION DESIGN REVIEW, AND VESTING TENTATIVE MAP NO. 82561 TO PERMIT CONSTRUCTION OF A PROPOSED 30-UNIT RESIDENTIAL PROJECT WITH ADAPTIVE REUSE OF EXISTING NON-RESIDENTIAL BUILDINGS FOR COMMERCIAL PURPOSES ON PROPERTY LOCATED WITHIN A LOW-DENSITY, MULTIPLE-FAMILY RESIDENTIAL (R-3A) ZONE, IN THE COASTAL ZONE, AT 100-132 N. CATALINA AVENUE. (CASE NOS. IES-EIR-2021-01; CUP-2022-01; VAR-2022-02; CDP-2022-03; PCDR-2022-01; VTPM 82561)

RECOMMENDATION:

1.                     Open the public hearing, administer oath, take testimony from staff, the applicant and other interested parties, and deliberate;

2.                     Close the public hearing; and

3.                     Consider the applications and proposed plans, and make a determination on the project;

 

a.                     Should the Planning Commission support the project, adopt the attached resolution by title only, waiving further reading:

 

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF REDONDO BEACH, CALIFORNIA CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT, AND ADOPTING ENVIRONMENTAL FINDINGS, STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION AND MONITORING AND REPORTING PROGRAM, AND GRANTING A COASTAL DEVELOPMENT PERMIT, CONDITIONAL USE PERMIT (DENSITY BONUS), VARIANCE, PLANNING COMMISSION DESIGN REVIEW, AND VESTING TENTATIVE MAP NO. 82561 FOR THE CONSTRUCTION OF A 30-UNIT RESIDENTIAL PROJECT AND ADAPTIVE REUSE OF EXISTING BUILDINGS FOR NON-RESIDENTIAL USES ON A SITE WITHIN A LOW-DENSITY, MULTIPLE-FAMILY RESIDENTIAL (R-3A) ZONE, IN THE COASTAL ZONE, LOCATED AT 100-132 N. CATALINA AVENUE

 

b.                     Because this project is utilizing the Density Bonus Law, should the Planning Commission not support the project, based upon substantial evidence, findings would need to be made that the requested waiver and concessions:

i.                     Do not result in cost reductions;

ii.                     Have a specific, significant, quantifiable, direct, and unavoidable adverse impact, upon public health and safety or the physical environment; or

iii.                     Are contrary to state or federal law.

 

Inconsistency with the zoning ordinance or general plan land use designation does not constitute a specific, adverse impact upon the public health or safety. (California Government Code 65915).

end

 

EXECUTIVE SUMMARY

The project developer requests approval to construct a mixed-use, 30-unit Density Bonus residential project. A building (116 N. Catalina Avenue) would be demolished and portions of four other existing buildings (112, 124, 126 and 132 N. Catalina Avenue) would be removed. The remaining buildings would be adaptively reused as contributors to a potential historic district.

 

The applicant is requesting a series of land use entitlements for the entire project including a Density Bonus with development standard concessions and a height waiver. Per State law, the granting of a concession shall not be interpreted to require a general plan amendment, local coastal plan amendment, or zoning change. The statute specifies that a concession includes approval of mixed-use zoning. Thus, the project is not subject to Article XXVII of the City Charter.

 

The Final Environmental Impact Report determines that mitigation measures can reduce most of the project impacts to a less than significant level. Because a potential transportation impact is significant and unavoidable, a Statement of Overriding Considerations is necessary for approval of the project.

 

The Preservation Commission is scheduled consider the formation of the Historic District, the Certificates of Appropriateness applications, and make a recommendation regarding the historic parking variance for the commercial portion of the project at a Special Meeting on April 18, 2022. Due to the close proximity of the two commission meetings, the results from the Preservation Commission meeting are not available at the time of distribution of this Planning Commission report. More details regarding the Preservation Commission’s review and determination will be provided as part of the staff presentation for this Planning Commission agenda item.

 

BACKGROUND

 

Project Background

Project Location and Surrounding Uses

The project site consists of six parcels located on the east side of North Catalina Avenue at the intersection with Emerald Street. The project site is developed with legal non-conforming commercial structures/uses. The property immediately to the south and east, located at 305 Emerald Street, is the Oklahoma Apartments, which are designated as a Redondo Beach landmark. The properties to the rear (east) of the project site are developed with multiple-story residential buildings as well as industrial and institutional uses (assembly, i.e. church buildings). The property immediately to the north at 136 N. Catalina Avenue is developed with a commercial building that is presently occupied by a retailer.

 

Because the project site was previously zoned for commercial uses (C-2/C-3), the site is developed with legal non-conforming structures/uses. In 1971, the zoning classification was changed to high density, high-rise multiple family residential district (R-5) and thereafter was down-zoned. The subject site and properties in the immediate surroundings are now designated as low-density multiple family (R-3A) zone.

 

Site History

From south to north, the history of the uses for the properties are as follows:

 

                     100 N. Catalina Avenue. This property at the corner of Catalina Avenue and Emerald Street was cleared of the original commercial and residential buildings to be used as a surface parking lot during the use of the neighboring building as a post office. 

                     112 N. Catalina Avenue. The two-story structure located just north of the surface parking lot was originally constructed for use as a Masonic Hall. Current use of the site is a custom framing business.

                     116 N. Catalina Avenue. The property just north of the former Masonic Hall was developed with commercial building and a residence that were combined in the 1920’s and used primarily for commercial purposes.  The current use of the site is a custom cabinetry and tile business.

                     124 N. Catalina Avenue. The dry cleaners building was constructed in 1946. The site is currently vacant.

                     126 N. Catalina Avenue. A second drycleaners was built in 1949. The Catalina Coffee business was added in 2001. The site is currently vacant.

                     132 N. Catalina Avenue. The utilitarian, industrial building located at the northernmost parcel as a part of this development site was originally constructed in 1905 and formerly housed a blacksmith and metalworking shop.  This site is currently used as a vintage clothing store.

 

Project Description

The project developer, Catalina Fund LLC (Jason Muller, Beach City Capital), requests approval to construct a mixed-use, 30-unit Density Bonus residential project. The proposal includes demolition of the existing building at 116 N. Catalina Avenue and portions of the other buildings located at 112, 124, 126 and 132 N. Catalina Avenue, and adaptive reuse the remaining structures. The existing two-story building located at 112 N. Catalina Avenue (former Masonic Hall) would be used for residential purposes and the other buildings would be used for commercial purposes. The existing buildings are contributors to a potential historic district.

 

Environmental Review

Environmental Assessment

On March 25, 2021, a Notice of Preparation (NOP) of the Environmental Impact Report (EIR) for the project was circulated. The EIR is prepared to comprehensively evaluated the potential impacts of the project and is prepared in accordance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines. On April 8, 2021, a scoping meeting was held virtually via Zoom to discuss the scope of the project to be considered in the EIR. At that scoping meeting a brief presentation of the proposed project was followed by a question and answer period.  Initial comments were received from several residents and three public agencies. Responses to the initial comments are provided in Table 1-1 of the EIR.

 

On December 2, 2021, the Draft Environmental Impact Report (DEIR or Draft EIR) was made available for a 45-day public review, concluding on January 18, 2022. Written responses were received from ten individuals, three agencies, and the Southwest Carpenters’ Union. None of the comments provided new data or raised environmental concerns not already addressed by the DEIR. Many of the comments were not related to CEQA requirements.

 

The Final Environmental Impact Report (Final EIR or FEIR) was prepared in accordance with the CEQA regulations and guidelines and was issued in April 2022. The Final EIR identifies eleven potential environmental impacts in seven topic areas including “Cultural Resources”, “Hazardous Materials”, and “Noise” that were determined to be ‘Less than Significant with Mitigation Incorporated’. However, the FEIR also determines that the potential Transportation (Vehicle Miles Traveled) impact is significant and unavoidable, even with implementation of mitigation measures. A resolution certifying the Final EIR, adopting Findings and a Statement of Overriding Consideration, and adopting the Mitigation Monitoring and Reporting Program must be approved before the Planning Commission can take action on the project entitlements.

 

Transportation Assessment / Traffic Impact Review

The Environmental Impact Report relies on analysis in the CEQA Transportation Assessment (CEQA TA). The CEQA TA uses conservative methods to determine trip generation and concludes that the transportation impact, in terms of Vehicle Miles Traveled (VMT), is significant and unavoidable, even with implementation of mitigation measures. While parking deficiencies may be considered a social inconvenience, they are not considered an environmental impact, regardless of the request for a parking variance.

 

Separate from the CEQA analysis, a Local Transportation Assessment (LTA) was prepared for compliance and conformance to the City’s General Plan Circulation Element and the policies therein. The LTA indicates that the impacts to level of service and volume to capacity ratios are less than significant. However, conditions of approval are being imposed for signal upgrades as part of the required off-site improvements. These improvements are not considered mitigation measures per CEQA, but rather would be requirements to comply with the General Plan Circulation Element. The project does not conflict with the City’s adopted policies, which are the previous method used to determine local impacts. Again, these are locally-determined thresholds, not applicable for CEQA purposes.

 

Historic Preservation Review

Preservation Commission Determination

At their April 18, 2022 Special Meeting, the Preservation Commission will consider the formation of the Historic District consisting of four of the original buildings on the project site. The Preservation Commission will also consider the issuance of Certificates of Appropriateness for the removal of the commercial building located at 116 N. Catalina Avenue, as well as the partial demolition/alterations to the buildings that will remain (112, 124, 126 and 132 N. Catalina Avenue). The criteria for granting a Certificate of Appropriateness relies on the prescriptive standards adopted by the Preservation Commission, primarily the Secretary of the Interior Standards for Treatment of Historic Properties and the Guidelines for Rehabilitating Historic Buildings. A project that complies with these Standards is considered to mitigate potential impacts on a historic resource to a less than significant level. The Preservation Commission will also consider a recommendation regarding the proposed parking variance for the adaptive reuse of the commercial buildings, including the outdoor dining area.

 

Due to the close proximity of the two commission meetings, the results from the Preservation Commission meeting are not available at the time of distribution of this Planning Commission report. More details regarding the Preservation Commission’s review and determination will be provided as part of the staff presentation for this Planning Commission agenda item.

 

Land Use Entitlements

The applicant is requesting three development standard concessions and a height waiver as permitted under the State Density Bonus law (Government Code Section 65915). The project requires three concessions for mixed use zoning for the adaptive reuse of the historic buildings, consolidation of 14 underlying lots that would exceed 100 feet in width, and construction of three-story residential buildings. In addition to review for consistency with the General Plan and Local Coastal Plan policies, the land use entitlements being considered include the following, as explained in more detail in the sections below:

                     Vesting Tentative Parcel Map

                     Conditional Use Permits, including review of Density Bonus application

                     Planning Commission Design Review

                     Variance

                     Coastal Development Permit

 

As outlined in the draft Resolution, the criteria for the various permits reiterate conformance with City policies and, thereby, the findings tend to overlap. However, the specific criteria for certain entitlements are noted below.  Per the Density Bonus law, the granting of a concession shall not be interpreted to require a general plan amendment, local coastal plan amendment, or zoning change. The statute specifies that a concession includes approval of mixed-use zoning. Thus, the project is not subject to Article XXVII of the City Charter.

 

General Plan/Local Coastal Plan Policies

The project sets aside four units for very low-income households and uses provisions in State Density Bonus law to facilitate the project. The City’s General Plan Goals and Policies allow for a variety of housing types and affordability, which includes the use of the State Density Bonus law (LCP Land Use Policy #12 and Housing Element Policies 2.2, 3.1, 3.5, and 4.1). The project combines housing and commercial uses and provides employment opportunities to City residents. The project improves the site while incorporating and adaptively reusing the existing historic buildings. (General Plan Land Use Policy 1.1.1). Designating the existing buildings as local historic landmarks and establishing the Historic District enables the property to be reasonably used for commercial purposes not otherwise permitted in the zone. The project layout facilitates the continued preservation of the historically significant buildings and furthers the City’s historic preservation goals (LCP Land Use Policy #10 and Housing Element Policy 3.4). Tree trimming and removal will be undertaken in compliance with Migratory Bird Act and in accordance with the City’s goal of protecting potential bird nesting habitat locations (LCP Policy #18). For the reasons noted above, the project conforms with the Goals and Policies of the City’s certified Coastal Land Use Plan (LCP). The project is also consistent with the development standards of the LCP implementation ordinance and the State Density Bonus law.

 

Vesting Map

The criteria for approval of minor subdivisions takes into consideration routine matters like the resulting size and configuration of the lots. The criteria for non-residential subdivisions focuses on infrastructure and potential impacts of non-residential development to surrounding residential properties. The creation of two air space parcels for the commercial buildings and a separate parcel for the residences does not affect the surrounding subdivision pattern or result in parcels that are smaller than the surrounding properties. The creation of one larger parcel for the townhouse and apartments is due to the physical constraints created by the structures that will remain on site.

 

As part of the Density Bonus request, a concession is requested for multiple lot consolidation. The concession is necessary because of the position of the existing buildings and the courtyard arrangement forces the new residential buildings to be constructed around a horse-shoe shaped drive aisle necessary for vehicular access. The wider site configuration is beneficial in that it limits the number of curb cuts and preserves on-street parking.

 

The subdivision configuration enables the construction of the residential buildings that would surround the commercial use, specifically the outdoor dining area, to prevent any potential noise impacts to the immediate surroundings. One existing driveway on Emerald Street and another on Catalina Avenue will remain and two new driveways would be created along Catalina Avenue. Vehicle egress will be directed to northbound Catalina Avenue and not in the direction of the surrounding collector streets. The existing traffic patterns are not anticipated to change and would not result in localized transportation impacts.

 

As detailed above, the applicant’s request for a minor subdivision (Vesting Tentative Map) is consistent with the criteria for both an air space subdivision and a non-residential subdivision.

 

Conditional Use Permit(s)

A Conditional Use Permit is required for any multi-family residential development containing four (4) or more units, for any airspace (condominium) development, for the proposed tasting room (bar/lounge), and for outdoor dining.  As described further in this report, the proposed uses are appropriate within this corridor and would not have adverse effects on the surrounding land uses in conformance with the various Conditional Use Permit criteria for approval.

 

Density Bonus

Pursuant to State law, the City is obligated to remove governmental constraints on development that can help address housing needs in the City (Housing Element Policy 3.5 - Allow flexibility within the City’s standards and regulations to encourage a variety of housing types). State Density Bonus law (California Government Code Section 65915) facilitates the development of affordable housing. As a Density Bonus project, the applicant is requesting concessions and a waiver of several specific development standards to enable the construction of the multiple-story townhouse-style units. Based on the site size, 22 residential units are permitted under the allowable density of 17.5 dwelling units per acre. Under State Density Bonus law, the project is eligible for a 50 percent density bonus that would yield a maximum of 33 units. A total of 30 dwelling units are proposed. The project complies with setbacks, outdoor living space, residential parking, and landscape requirements. The specific concessions and waiver as a part of this project, pursuant to State Density Bonus Law, are the following:

 

                     Mixed use zoning;

                     Combination of lots resulting in a site greater than 100 feet in width; and

                     Three story development; and

                     A maximum building height waiver.

 

Mixed Use

The mixed-use concession is necessary because the single-story, non-residential buildings are suitable only for commercial uses. These buildings are contributors to the potential historic district. The character-defining features, such as the low-scale profile, placement along the street, and storefront design elements, are required to remain in place and any structural alterations (including additions) would need to be deemed as appropriate modifications by the Preservation Commission. The proposed uses are anticipated to be amenities in support of the future residents.

 

Lot Consolidation

The lot consolidation concession is necessary because of the placement of the non-residential, historic buildings. A void is created by the two, low-rise buildings with the outdoor dining area in between. Site planning is constrained because the residential buildings would need to be placed in a horse-shoe pattern around the central area. Keeping the existing curb cut would keep the site bisected unnecessarily and force more area to be devoted as a drive aisle. Reducing the number of curb cuts and access points is deemed beneficial, as it presents an opportunity to capture more on-street parking spaces. The resulting site layout is greater than 100 feet in length.

 

Height/Stories

The height waiver and three-story concession is necessary to enable the development of units with parking garages at grade. By allowing two stories of living area above the garage, the site is enabled to achieve the density requested by the applicant, while minimizing excavation costs and creating units that are of marketable size. The building heights are not substantially greater than what would otherwise be allowed. The height waiver is mainly necessary for guard rails on the proposed roof decks, rather than for additional stories. The site has a slight 1.5’ downward slope from the front (west) to the rear (east) of the property and slopes slightly upward 2.75’ from north to south. The height is measured from the centerline of the site, and greater differences show up along the rear (east) and south sides of the site. The neighboring Oklahoma Apartments and the on-site Masonic Hall building exceed the maximum height limit, and the proposed building at the corner of Catalina Avenue and Emerald Street (proposed to be attached to the Masonic Hall) is comparable in height. The allowed and proposed building elevations from the existing grade levels are as follows:

State Density Bonus law mandates that the City grant the concessions unless the concession does not result in a cost reduction, has an adverse impact to a property listed on the California Register of Historic Places, or is contrary to state or federal law. The requested concession for third story and waiver of the height limit are necessary to limit the amount of excavation and site remediation efforts. If the Preservation Commission approves the Certificates of Appropriateness, then that determination affirms that the project is designed to be compatible and in harmony with the potential historic resources and that the new buildings will not have an adverse impact to the potential locally-designated district.

 

Residential Parking

The residential portion of the project complies with the parking required under State Density Bonus law (Government Code Section 65915). The parking ratios for the project are based on the number of bedrooms for each unit. Comparatively, the parking ratio under the Redondo Beach Municipal Code is a per unit and visitor parking ratio. Applying the zoning code ratio would require providing a minimum of 70 parking spaces for the residential component of the project. However, the City cannot impose a requirement that exceeds the predetermined parking ratios under the State Density Bonus law. The total parking required is thereby 67 spaces per the predetermined parking ratios under the State Density Bonus law, as indicated in the following table:

 

The total number of residential parking spaces provided on site are 67, comprising of forty-four (44) garage spaces assigned to individual townhouse units, six (6) unassigned surface parking spaces, and nine (9) unassigned spaces beneath the Masonic Hall building and eight (8) unassigned spaces in the podium parking area at the southwest corner of the site. There are an additional five (5) spaces designated as non-residential parking.

 

Bars/Cocktail Lounge

The existing blacksmith shop building at the northern end of the project site is proposed to be adaptively reused as a tasting room for a craft brewery. The zoning code classifies the proposed tasting room as a bar/cocktail lounge and thereby requires that specific findings be made for approval of a Conditional Use Permit (CUP). The bar/cocktail lounge type of use is specifically called out with other uses that could be potentially blight-inducing (RBMC 10-5.1600).  Because of this, there is a sensitivity regarding potential noise impacts to surrounding residential uses. Both the proposed tasting room and the adjacent outdoor dining area are located along the Catalina Avenue frontage. The commercial uses would be located toward the northwest corner of the site and buffered by both the existing Masonic Hall building to the south and proposed three-story residential building along the east side of the project site to prevent noise impacts. The proposed tasting room will be complementary to the proposed coffee shop located on the opposite side of the outdoor dining area. The proposed use will have limited hours of operation (from 10:00 a.m. to 10:00 p.m.) to minimize the potential impact to future residents of the project. 

 

Outdoor Dining

The zoning code requires that specific findings be made for approval of an outdoor dining area that exceeds 150 square feet in size as a conditionally permitted land use. The outdoor dining area is unique in that typically it is associated with a restaurant.  The approval criteria note that the proposed dining area must be managed by the restaurant, that operating hours be complementary to the surrounding uses, and that noise impacts be avoided. The criteria specify that no cooking can take place outside, that parking requirements be met, and that alcoholic beverages not be served unless full food service is provided. While the coffee shop’s primary operating hours are the mornings, a symbiotic partnership could be formed allowing the coffee shop to provide meals for patrons to enjoy in the patio area throughout the day. While the outdoor dining area is essential to the anticipated coffee shop and tasting room, it is also an amenity for the anticipated residents. The location along Catalina Avenue will be welcoming to surrounding neighbors and the cycling community that utilizes this bike route. As noted above, noise impacts are avoided simply by the configuration of the project site, and the hours of operation can be limited to minimized the potential impact to neighboring residences. It is anticipated that one management agency will tend to both the commercial and residential components of the project that would be able to respond to any issues that arise.

 

A parking variance is requested in conjunction with the adaptive reuse of the existing, non-residential buildings including the proposed outdoor dining area. Five (5) on-site parking spaces are provided for the non-residential uses. Without the variance, a minimum of 12 parking spaces would be required solely for the outdoor dining area. More information about parking follows in the variance section below.

 

Planning Commission Design Review

Planning Commission Design Review is also required for any multi-family residential development containing four (4) or more units and for any structural alterations and additions to nonconforming uses.  The purpose of Planning Commission Design Review is to evaluate the site design and promote overall design excellence.

 

Residential Buildings

The proposed project uses a contemporary style of residential architecture referred to as California Coastal. The exterior materials consist of varying horizontal and vertical cladding that emulates wood and board and batten siding. Windows are emphasized with the use of decorative shutters and awnings. The roof form uses both sections of flat roofs with a parapet and hipped roofs with eaves and exposed rafters.  The site landscaping is required to use water efficient irrigation and native and drought tolerant plant material. Several palm trees toward the northerly portion of the site would need to be removed and replaced because of the new curb cut. The applicant contacted the Public Works Department regarding the existing trees and removal was deemed acceptable if the development receives entitlements.

 

Overall, the project is compatible with surrounding uses.  The scale and height of the buildings are reasonable in relationship to the area and are consistent with the neighborhood. One important site planning element to note is that the scale of the new buildings is aligned with the massing and height of the Masonic Hall and will not detract from the locally -designated historic Oklahoma Apartments to the south and east.  

 

(Historic) Variance - Non-Residential Parking (RBMC 10-5.2516)

The purpose of Historic Variances is to provide relief from the development standards so that buildings and sites that are designated as historic can be adaptively reused. The criteria for review differ from the standard Variance criteria in that a Historic Variance is focused inward to the adaptive reuse of the historic building and/or properties within a historic district versus consideration of the physical constraints of the land (lot topography, shape, or location).

 

As noted above, the site is developed with several non-residential buildings that are contributors to a potential historic district. The applicant intends to adaptively reuse three of the existing buildings for commercial purposes but also develop the under-utilized site with new residential buildings. Specifically, the buildings located at 124 and 126 N. Catalina Avenue are proposed to be combined and used as coffee shop (food and beverage sales/snack shop use). The building located at 132 N. Catalina Avenue would be adaptively reused as a tasting room (bar/cocktail lounge use). An outdoor dining area would be created in place of the surface parking lot in between these structures, resulting in a loss of 40 parking spaces. Thus, a parking variance is necessary to allow the buildings to be adaptively reused. The criteria for approval include finding that the alteration of the building enhances its utility, does not prevent adequate functionality of the site, and does not adversely impact the other structures that are contributors to the potential historic district.

 

As a Density Bonus project, the applicant is requesting that mixed use zoning be permitted as a concession and incentive. The proposed coffee shop and tasting room would not otherwise be allowed without this concession. Since the property would be considered a legal non-conforming use and use changes that require a greater amount of parking and require structural alterations are not typically permitted. Through the Density Bonus project concession, these uses are allowed. 

A minimum of 12 parking spaces would be required for the adaptive reuse of the remaining commercial space if utilized for retail/commercial uses. For example, the adaptive reuse of the blacksmith shop would have required only five (5) parking spaces if the new use did not require more parking. However, the proposed tasting room has a higher parking ratio that results in a requirement of eighteen (18) spaces for that use.  The coffee shop is considered a snack shop and thereby requires seven (7) parking spaces. Based on the illustrative site plan, the outdoor dining area requires twelve (12) parking spaces. A total of 37 parking spaces are required for the proposed non-residential uses. Five (5), unassigned, non-residential parking spaces are proposed on the site. The parking variance is necessary because the existing surface parking lot (40 spaces) will be removed and replaced with the residential buildings and the outdoor dining area. The outdoor dining enhances and enables the adaptive reuse of the obsolete structures for contemporary uses which are more intense uses than those existing today.

 

Coastal Development Permit

The project is located within the coastal area of the City (west of PCH) and thereby requires approval of a Coastal Development Permit.  The Planning Commission must make specific findings that the project conforms with the Local Coastal Plan (LCP), the public access and recreational policies of the Coastal Act, and the California Environmental Quality Act. The proposed Density Bonus project aligns with the City’s policy to allow the use of the State Density Bonus Law and furthers the historic preservation goals of the LCP. The project is not immediately adjacent to the coast (between first public road paralleling the sea and the shoreline) and thereby does not obstruct access nor inhibit the recreational use of the Pier / Harbor area, Marina, or beaches.

 

CONCLUSION

The Community Development Department, Planning Division recommends that the Planning Commission make the findings as set forth in the staff report and resolution to certify the Final EIR and adopt a Statement of Overriding Considerations. Staff recommends that the Planning Commission consider the project as a whole and make findings pertaining to the required land use entitlements consisting of the Coastal Development Permit, Density Bonus, Conditional Use Permit(s), (Historic) Variance, Planning Commission Design Review, and Vesting Tentative Parcel Map No. 82561. A Notice of Final Action will be transmitted to the Coastal Commission.

 

The State Density Bonus Law requires the City to grant a developer a density bonus and incentives or concessions for the production of lower income units. In this instance, the applicant is requesting a 36% density bonus, 8 additional dwelling units, by setting aside 18% (4 dwelling units of the 22 units allowed under the base density) as affordable to very low-income households. In order to facilitate the construction of the units, the developer is requesting three concessions (reduction/modification of development standards/zoning code requirements): mixed use zoning; lot consolidation limits; and height limit; and a waiver of the two-story limit in conjunction with the height concession.  The City must grant the requests unless written findings, based upon substantial evidence, can be made that either: 1) the concession does not result in identifiable and actual cost reductions; 2) The concession would have a specific, adverse impact, upon public health and safety or the physical environment; or 3) The concession would be contrary to state or federal law. (California Government Code 65915)

 

COORDINATION

Environmental and traffic consultants on contract with the City have prepared the required CEQA documents. The CEQA documents have been reviewed by the Engineering Division, the Planning Division, and also by a contract attorney through the City Attorney’s office.  Draft Resolutions have been prepared by Staff and will be finalized with the City Attorney’s office once determinations by the Planning Commission are made.

 

ATTACHMENTS

                     Draft Resolution approving the project including Exhibit A Statement of Overriding Considerations

                     Final Environmental Impact Report (FEIR including Mitigation Monitoring and Reporting Program)

                     Applications (Environmental, CUP/PCDR, Coastal Development Permit, Subdivision, Historic Variance)

                     Owners Affidavits

                     Project Plans

                     Link to Draft Environmental Impact Report (DEIR) and Appendices (www.redondo.org/CatalinaVillage <http://www.redondo.org/CatalinaVillage>