SR-402-010 (14)
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Council Mtg: June 12, 1990
Santa Monica,
TO: Mayor and city Council
FROM: city staff
SUBJECT: certification of statement of Official Action To Deny
An Appeal and Uphold Planning Commission Approval of
Development Review 89-004, Conditional Use Permit
89-019. Performance Standards Permit 89-017, and
certification of EIR 916, for Development of a Three
story (45 ft. height) I 61,650 Square Foot (2.0 FAR) I
Mixed Commercial Building On the North Side of wilshire
Boulevard Between Twenty-Second Street and Twenty-Third
Street in the C6 (Interim Boulevard Commercial)
District. Applicant: Century West Development, Inc.
Appellants: Save Our Neighborhood Committee and Mid
city Neighbors.
INTRODUCTION
This report recommends that the City Council certify the attached
Statement of Official Action for the above referenced appeal.
BACKGROUND
After a public hearing, and careful review of the record and
staff recoxnmendation, the City Council denied the appeal and
upheld the Planning Commission's approval of Development Review
89-004, Conditional Use Permit 89-019, Performance Standards
Permit 89-017 and certification of EIR 916, to permit development
of a three story, 61,650 square foot mixed commercial building at
2221 Wilshire Boulevard.
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JU" 1 2 1990
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RECOMMENDATION
It is respectfully recommended that the Council certify the
attached statement of Official Action.
prepared by: Paul Berlant, Director of Planning
D. Kenyon Webster, Principal Planner
Wanda Williams, Associate Planner
Planning Division
Community and Economic Development Department
Attachment: statement of Official Action
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OS/29/90
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PROJECT
NUMBER:
LOCATION:
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STATEMENT OF OFFICIAL ACTION
DR 89-004, CUP 89-019, PSP 89-017, EIR 916
2221 Wilshire Boulevard
APPLICANT Century West Development, Inc.
APPELLANTS: Save Our Neighborhood committee and Mid City
Neighbors.
REQUEST:
Appeal of Planning Commission Approval of
Development Review 89-004, Conditional Use Permit
89-019 and Performance standards Permit 89-017,
for Development of a Three story (45 ft. height),
61,650 Square Foot (2.0 FAR), Mixed Commercial
Building On the North Side of Wilshire Boulevard
Between Twenty-Second Street and Twenty-Third
street in the C6 (Interim Boulevard Commercial)
District. The Appeal Also Pertained to EIR 916
That Was certified by the Planning Commission.
Applicant: Century West Development, Inc. Ap-
pellants: Save Our Neighborhood ComlTli ttee and
Mid City Neighbors.
CITY COUNCIL ACTION
05/22/90
Date.
Approved project based on the following findings
and subject to the conditions below.
Denied.
X Other. Denied Appeal, Upheld Planning commission
Approval of the Project and Certification of the
EIR Subject to the Following Additional
Condition:
To mitigate transportation impacts identified in
EIR 916, and by the city Council on May 22, 1990,
the development shall contain a two way driveway
along wilshire Boulevard that provides ingress to
both eastbound and westbound traffic. Vehicles
exiting the garage on Wilshire Boulevard shall be
restricted to a right turn only movement. A one
way driveway exit that provides egress onto
Twenty-Third street shall also be provided.
There shall be no vehicle ingress provided on
Twenty-Third street and no ingress/egress pro-
vided on Twenty Second.
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FINDINGS
DEVELOPMENT REVIEW FINDINGS
1. with the project revisions and conditions approved by the
Commission and Council, the physical location, size, mass-
ing, and placement of proposed structures on the site and
the location of proposed uses within the project are com-
patible with and relate harmoniously to surrounding sites
and neighborhoods, in that the building is located on wil-
shire Boulevard, which is characterized by a range of com-
mercial development, including office buildings with simi-
lar building heights as approved by the commission and
Council and that the proposed development, wi th its 2.0
FAR and three story height and minimum 24f4" setback adja-
cent to the north property line will provide an adequate
land use transition and noise buffer between commercial
uses and residential uses located to the north.
2 . The rights-of-way can accommodate autos and pedestrians,
including parking and access, in that the revised site
design will provide adequate driveway and parking facili-
ties and the site is adjacent to a major arterial which
will provide vehicle ingress/egress.
3. The health and safety services (police, fire, etc.) and
public infrastructure (e.g. utilities) are sufficient to
accommodate the new development, in that the project is
proposed to be an in-fill of an already developed area
with all necessary services and infrastructure already in
place.
4. Any on-site prov~s~on of housing or parks and public open
space, which are part of the required project mitigation
measures required in Subchapter 5G of the city of Santa
Monica Comprehensive Land Use and Zoning Ordinance, satis-
factorily meet the goals of the mitigation program, in
that the project will be required to comply with the re-
quirements of this program.
5. The proj ect is generally consistent with the Municipal
Code and General Plan, in that the project as conditioned
is designed to meet all code and General Plan
requirements.
6. Reasonable mitigation measures have been included for all
adverse impacts identified in an Environmental Impact Re-
port, in that all reasonable mitigation measures recommen-
ded by the EIR have been included as conditions of approv-
al for the project.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the "City of Santa Monica Comprehensive Land
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Use and Zoning ordinance", in that the C6 Zoning District
encourages restaurant projects and conditionally permits
the sale of alcoholic beverages. The ancillary sale of
alcoholic beverages in connection with a bona-fide res-
taurant should not result in adverse environmental
effects.
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that the site is currently developed with
an 8,665 sq. ft. , restaurant that will be replaced by a
smaller 4,000 sq. ft. restaurant. The potential for noise
and other impacts should be significantly less for the
smaller restaurant. The existing restaurant sells al-
coholic beverages and therefore a new use will not be
introduced onto the site. Any impacts associated with the
existing sale of alcoholic beveragel; in the larger res-
taurant should be reduced for the reduced floor area res-
taurant. The primary use of the of the 4000 square foot
space will be to provide bona fide meal service. Provided
the alcohol use does not function as a primary use and the
bar does not function as a stand alone bar, the use should
not impair the surrounding district and should encourage
greater use of other commercial uses along Wilshire.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that General Plan Objective
1.6 and the Section 9022.1 of the C6 District encourage
development of restaurant uses that are consistent with
the scale and character of surrounding commercial uses.
The replacement of the existing restaurant that sells al-
coholic beverages with a smaller restaurant with alcoholic
beverages should not alter the existing pattern of land
use.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses
are to remain, in that the new restaurant will contain a
reduced amount of floor area and will be accessed from off
of the adjacent major arterial.
S. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the restaurant use currently exists on the site and will
be reduced in floor area when redeveloped as part of the
larger mixed commercial project. The replacement project
will contain operating hours and service similar to the
previous restaurant use.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that infrastructure and public utilities exist for the
surrounding urbanized area and the project will not result
in a significant need for new or expanded services.
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7. Public access to the proposed use will be adequate, in
that the site is located along Wilshire Boulevard and can
be accessed without traveling over residential streets.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the restaurant will be lo-
cated directly adjacent to the major arterial and will not
contain a direct view of adjacent residential uses located
to the north. The entrances to the restaurant are located
away from the adjacent residential uses.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the General Plan
encourages restaurant uses along Wilshire Boulevard.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
as stated above.
11. The proposed use conforms precisely to the applicable per-
formance standards contained in Subchapter 6, Section 9050
and special conditions outlined in Subchapter 7, section
9055 of the City of Santa Monica Comprehensive Land Use
and Zoning ordinance, in that the project is conditionally
permitted and will comply with code standards for al-
coholic outlets.
12. The proposed use will not result in an overconcentration
of such uses in the immediate vicinity, in that the res-
taurant with alcohol sales is intended as a redevelopment
project that will replace an existing restaurant with al-
cohol sales use. The total number of alcohol outlets will
not be increased by approval of the replacement project.
ALCOHOL OUTLET FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the public interest, and necessary
that substantial justice be done in that the use is one
which is conditionally permitted in the C6 District, and
is intended as a redevelopment project that will replace a
larger restaurant with a smaller restaurant. No new
alcohol establishments will be created elsewhere on the
site in connection with the redevelopment project.
Provided the sale of alcoholic beverages remains an
ancillary use in conjunction with the operation of a bona
fide restaurant use, issuance of the permit should not
result in adverse land use impacts. The restaurant will
allow employees and customers of other proposed onsite
uses to obtain sit down meal service without requiring use
of vehicles to access the restaurant location. The
restaurant will encourage greater neighborhood and onsite
pedestrian use.
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2. The proposed use is compatible with existing and potential
uses within the general area; traffic or parking
congestions will not result; the public health, safety,
and general welfare are protected; and no harm to
adjacent properties will result in that the redevelopment
project will not contain a large bar area that could
potentially function as a stand alone bar use, the
proposed hours of use will not conflict with office and
retail uses on site and will not result in excessive noise
and traffic during late evening and early morning hours
and the location of the restaurant on the front of the
site will encourage customer access from the major
arterial.
3. The welfare of neighborhood residents will not be
adversely affected in that as indicated the restaurant
will be located on the front of the site and will not
require extensive vehicle use of residential side streets.
The replacement proj ect will be much smaller than the
existing restaurant use and should therefore result in
less potential adverse impacts.
4. The granting of the license will not contribute to an
undue concentration of alcohol outlets in the area in that
the restaurant uses is intended as a replacement project.
The existing restaurant contains a full scale liquor
license and therefore the new restaurant will not increase
the amount of alcohol outlets in the area.
5. There will be no detrimental affect on nearby
residentially zoned neighborhoods considering the distance
of the alcohol outlet to residential buildings, churches,
schools, hospitals, playgrounds, parks, and other existing
alcohol outlets in that restaurant is located adjacent to
the Wilshire Boulevard frontage, is separated from
residential uses to the north by a 15 foot wide alley and
does not contain customer entrances adjacent to the
residential uses. Provided vehicle access is provided
exclusively from Wilshire Boulevard, restaurant customers
will not be required to circulate through adjacent
residential neighborhoods.
PERFORMANCE STANDARD PERMIT FINDINGS
1. The proposed use is listed as a use permitted pursuant to
performance standards contained in Chapter 10 of the city
of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, in that SMMC Section 9050.11 provides for the
development of residential uses in commercial districts
because of their convenience to commercial uses and to
ensure that an appropriate amount of housing is maintained
throughout the entire city.
2. The proposed use conforms precisely to the performance
standards for the proposed use as outlined in Chapter 10
of the City of Santa Monica Comprehensive Land Use and
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Zoning Ordinance, in that development standard pertaining
to the location of units, unit access, vehicle parking,
noise insulation, lighting, design of units, landscaping,
refuse storage and setbacks have been complied with.
3. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the sur-
rounding neighborhood, in that the residential units will
be accessed separately from the commercial floor areas,
will contain sound absorbency walls, will contain adequate
setbacks from the surrounding transportation thoroughfares
and will contain adequate residential parking.
CONDITIONS OF APPROVAL
1. To mitigate transportation impacts identified in EIR 916,
the applicant shall pay the cost of providing exclusive
right turn lanes in both eastbound and westbound direc-
tions at the intersection of Wilshire Boulevard and 26th
Street that can be accomplished through restriping.
2. To mitigate transportation impacts identified in EIR 916,
the applicant shall pay the cost of providing exclusive
right turn lanes in the eastbound and westbound directions
and of providing a left turn through lane and right turn
lane in both the northbound and southbound direction at
the intersection of Wilshire Boulevard and 23rd street
that can be accomplished through restriping.
3. To mitigate transportation impacts identified in EIR 916,
the applicant shall pay the cost of providing an exclusive
left turn lane a through/right turn lane at the intersec-
tion of Santa Monica Boulevard and 23rd street that can be
accomplished through restriping.
4. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall water the construction site
twice daily to reduce dust generation and increase water-
ing frequency when winds exceed 15 mph. As an alterna-
tive, biodegradable soil stabilizers could be used along
dirt access roads and portions of the site not in current
excavation.
5. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall cease grading operations when
winds exceed 30 miles per hour (wind speed common during
Santa Ana conditions).
6. To mitigate short term air quality impacts identified in
EIR 916, establish an on-site speed limit for construction
vehicles of 15 mph.
7. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall cover stockpiled materials to
prevent excess dust.
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8. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall cover trucks during transpor-
tation of excess dirt.
9. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall operate all diesel-operated
construction equipment with a four degree ignition retard.
10. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall use low sulfur fuel and prop-
erly maintain and operate all construction equipment.
Turn-off engines when not in use for more than five
minutes.
11. To mitigate short term air quality impacts identified in
EIR 916, the applicant shall schedule construction related
trips during non-peak hours to reduce peak hour emissions.
12. To mitigate short term noise impacts identified in EIR
916, the applicant shall adhere to the City's Municipal
Code requirements and Ordinance 1458 regarding time
limits for construction.
13. To mitigate short term noise impacts identified in EIR
916, the applicant shall equip each internal combustion
engine with a muffler of a type recommended by the
manufacturer.
14. To mitigate short term noise impacts in EIR 916, the ap-
plicant shall enclose stationary generator engines with
the proper engine housing at all times.
15. To mitigate long term light and glare impacts identified
in EIR 916, the applicant shall make use of glass that has
minimum reflective capabilities for the rooftop skylight
and for windows throughout the building.
16. To mitigate long term light and glare impacts identified
in EIR 916, the applicant shall provide no more than 25%
glass on the rear building facade.
17. To mitigate long term light and glare impacts identified
in EIR 916, the applicant shall use light building
materials and avoid the use of mirrored or darkly-tinted
exterior glass.
l8. To mitigate long term light and glare impacts identified
in EIR 916, the applicant shall direct exterior lighting
toward the project and away from residential uses located
to the north. Flood lighting shall be prohibited.
19. To mitigate potential impacts identified in EIR 916, the
applicant shall submit to the Parking and Traffic Engineer
prior to issuance of building permits for approval a park-
ing validation plan that indicates the manner in which
employees and customers will be notified regarding the
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availability of validated parking and the time periods
during which it will be provided.
20. The Architectural Review Board, in its review shall pay
particular attention to the project's pedestrian orienta-
tion and amenities; scale and articulation of design ele-
ments; exterior colors, textures and materials; window
treatment; glazing; and landscaping. As part of it's re-
view; the Board shall pay particular attention to the
landscaping and pedestrian walkway located along Wilshire
Boulevard, Twenty-Third street and Twenty-Second street.
A minimum 10 foot average setback shall contain appropri-
ate landscaping materials without precluding pedestrian
access.
21. If prior to the time that final building permits are is-
sued for the building, the City has revised the code land-
scaping requirement pertaining to the provision of an
average 10 foot landscaping setback, to require less land-
scaping adjacent to a pUblic right-of-way, the applicant
shall revise the landscaping plans to provide compliance
with the code revision.
Plans
22. This approval is for those plans dated February 22, 1989,
a copy of which shall be maintained in the files of the
city Planning Division. Project development shall be
consistent with such plans, except as otherwise specified
in these conditions of approval.
23. The Plans shall comply with all other provisions of Chap-
ter 1, Article IX of the Municipal Code, (Zoning Or-
dinance) and all other pertinent ordinances and General
Plan policies of the city of Santa Monica.
24. Final parking lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Engineer.
25. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning Commission
Review. Construction shall be in conformance wi th the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
26. Construction period signage shall be subject to the
approval of the Architectural Review Board.
27. Plans for final design, landscaping, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
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28. The Architectural Review Board, in its review, shall pay
particular attention to the project's pedestrian orienta-
tion and amenities; scale and articulation of design ele-
ments; exterior colors, textures and materials; window
treatment; glazing; and landscaping. As part of it's re-
view, the Board shall pay particular attention to the
amount of landscaping located along Wilshire Boulevard,
Twenty-Third street and Twenty- Second street. A minimum
10 foot average setback shall contain appropriate land-
scaping materials. The Architectural Review Board shall
attempt to approve plans that reduce the perceived visual
bulk and mass of the structure when viewed from Wilshire
Boulevard.
29. The residential units shall have a separate and secured
entrance and exit that is directly accessible to the
parking.
30. The residential units shall be provided two parking spaces
per unit that are clearly marked for residential use only.
31. The residential units shall be constructed so that interi-
or noise levels do not exceed 55 decibels for more than 60
minutes in any 24 hour period and 45 decibels for more
than 30 minutes between the hours of 11:00 p.m. and 7:00
a.ln.
32. The residential units shall contain exterior lighting that
complies with section 9040.7
33. The second floor area of the building that will accommo-
date the residential units shall contain an exterior ap-
pearance and character which denotes it as housing.
34. Landscaping or another suitable noise buffer shall be
placed adjacent to the residential units to reduce noise
and to provide a neighborhood friendly development.
35. The residential units shall maintain a separate refuse
storage container separate from the storage container used
with the commercial floor area. The container shall be
clearly marked for residential uses only.
36. The residential units shall maintain a minimum average 10
foot setback but in no case less than 5 feet from all par-
cel lines.
37. The restaurant hours of operation shall be limited to
11:00 a.m. to 11:00 p.m. Sunday through Saturday.
38. No alcoholic beverages shall be sold prior to 11:00 a.m.
daily or after 11:00 p.m., daily.
39. The restaurant operator shall control noisy patrons leav-
ing the restaurant.
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40. The premises shall have the capability to serve food to
patrons during all hours the establishment is open for
customers.
41. The premises shall maintain a kitchen or food-serving area
in which a variety of food is prepared and cooked on the
premises.
42. seating arrangements for all restaurant floor area(s)
shall not exceed 160 seats and the number of total seats
shall not be expanded by more than 10% unless approved by
the Director of Planning.
43. Take out service shall be only incidental to the primary
sit-down use.
44. No alcoholic beverage shall be sold for consumption beyond
the indoor premises.
45. No dancing or live entertainment shall be permitted on the
premises unless required permits are obtained.
46. The restaurant operation shall at all times be conducted
in a manner not detrimental to surrounding properties or
residents by reason of lights, noise, activities, parking,
or other actions.
47. The operation of the restaurant must be commenced within
six months from the issuance of the certificate of
Occupancy issued for the commercial portion of the
building. This time limit may for good cause be extended
pursuant to SMMC Section 9114.6.
Fees
48. The City is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality impacts resulting from both new and existing
development. The Plan will likely include an ordinance
establishing mitigation requirements, including one-time
payment of fees on certain types of new development, and
annual fees to be paid by certain types of employers in
the City. This ordinance may require that the owner of
the proposed project pay such new development fees, and
that employers within the project pay such new annual em-
ployer fees related to the City'S Transportation Manage-
ment Plan.
49. A Park and Recreation Facilities Tax of $200.00 per
residential unit shall be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential unites) on the subject lot,
per and subject to the provisions of section 6670 et seq.
of the Santa Monica Municipal Code.
Demolition
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50. Until such time as the demolition is undertaken, and un-
less the structure is currently in use, the existing
structure shall be maintained and secured by boarding up
all openings, erecting a security fence, and removing all
debris, bushes and planting that inhibit the easy surveil-
lance of the property to the satisfaction of the Building
and Safety Officer and the Fire Department. Any landscap-
ing material remaining shall be watered and maintained
until demolition occurs.
51. Unless otherwise approved by the Recreation and Parks De-
partment and the Planning Division, at the time of demoli-
tion, any street trees shall be protected from damage,
death, or removal per the requirements of Ordinance 1242
(CCS) .
52. Immediately after demolition (and during construction), a
security fence, the height of which shall be the maximum
permitted by the Zoning Ordinance, shall be maintained
around the perimeter of the lot. The lot shall be kept
clear of all trash, weeds, etc.
53. Prior to issuance of a demolition permit, applicant shall
prepare for Building Division approval a rodent and pest
control plan to ensure that demolition and construction
activities at the site do not create pest control impacts
on the project neighborhood.
54. Prior to issuance of a certificate of occupancy for this
project, the project shall comply with any ordinance adop-
ted by the City council to implement Program 10 of the
Housing Element. In the event that such an ordinance has
not been adopted prior to the issuance of a certificate of
occupancy for this development project, this condition
shall be of no further force and effect. Failure to adopt
and implementing ordinance shall not excuse a developer
from the obligation to comply with any other condition
imposed in connection with Program 10 of the Housing
Element.
Construction
55. Unless otherwise approved by the Department of General
services, all sidewalks shall be kept clear and passable
during the grading and construction phase of the project.
56. Sidewalks, curbs, gutters, paving and driveways which need
replacing or removal as a result of the project as deter-
mined by the Department of General services shall be re-
constructed to the satisfaction of the Department of
General Services. Approval for this work shall be ob-
tained from the Department of General services prior to
issuance of the building permits.
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57. Vehicles hauling dirt or other construction debris from
the site shall cover any open load with a tarpaulin or
other secure covering to minimize dust emissions.
58. street trees shall be maintained, relocated or provided as
required in a manner consistent with the City's Tree Code
COrd. 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap-
proval of the Department of Recreation and Parks.
59. A construction period mitigation plan shall be prepared by
the appl icant for approval by the Department of General
Services prior to issuance of a building permit. As ap-
plicable, this plan shall 1) Specify the names, addresses,
telephone numbers and business license numbers of all con-
tractors and subcontractors as well as the developer and
architect: 2) Describe how demol i tion of any existing
structures is to be accomplished: 3) Indicate where any
cranes are to be located for erection/construction: 4)
Describe how much of the pUblic street, alleyway, or side-
walk is proposed to be used in conjunction with construc-
tion; 5) Set forth the extent and nature of any pile-
driving operations: 6) Describe the length and number of
any tiebacks which must extend under the property of other
persons: 7) Specify the nature and extent of any dewater-
ing and its effect on any adjacent buildings: 8) Describe
anticipated contruction-related truck routes, number of
truck trips, hours of hauling and parking location: 9)
Specify the nature and extent of any helicopter hauling:
10) State whether any construction activity beyond normal-
ly permitted hours is proposed: 11) Describe any proposed
construction noise mitigation measures: 12) Describe con-
struction-period security measures including any fencing,
lighting, and security personnel: 13) Provide a drainage
plan: 14) Provide a construction-period parking plan
which shall minimize use of public streets for parking;
15) List a designated on-site construction manager.
60. A sign shall be posted on the property in a manner consis-
tent with the public hearing sign requirements which shall
identify the address and phone number of the owner and/or
applicant for the purposes of responding to questions and
complaints during the construction period. Said sign
shall also indicate the hours of permissible construction
work.
61. A copy of these conditions shall be posted in an easily
visible and accessible location at all times during con-
struction at the project site. The pages shall be lami-
nated or otherwise protected to ensure durability of the
copy.
Environmental Mitigation
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62. Ul tra-low flow plumbing fixtures are required on all new
development and remodeling where plumbing is to be added.
(Maximum 1.6 gallon toilets and 1.0 gallon urinals and low
flow shower head.)
63. Prior to issuance of a Certificate of Occupancy, project
owner shall present documentation to the General services
Department certifying that existing Santa Monica
occupancies with toilets installed prior to 1978 have been
retrofitted with ultra low-flow toilets (1.6 gallons per
flush or less) such that development of the new project
will not result in a net increase in wastewater flows.
Flow from existing occupancies which will be removed as
part of the new development may be deducted from flow
attributable to the new development if such occupancies
have been occupied within one year prior to issuance of a
Building Permit for the proposed project. Flow
calculations for new development and existing occupancies
shall be consistent with guidelines developed by the
General Services Department.
64. To mitigate solid waste impacts, prior to issuance of a
certificate of Occupancy, project owner shall submit a
recycling plan to the Department of General Services for
its approval. The recycling plan shall include 1) list of
materials such as white paper, computer paper, metal cans,
and glass to be recycled; 2) location of recycling bins;
3) designated recycling coordinator; 4) nature and extent
of internal and external pick-up service; 5) pick-up
schedule; 6) plan to inform tenants/occupants of service.
65. To mitigate circulation impacts, prior to issuance of a
certificate of Occupancy, proj ect owner shall submit a
transportation demand management plan to the Department of
General Services for its approval. This plan shall in-
clude: 1) Name, address and telephone number of desig-
nated person(s) responsible for coordinating transporta-
tion demand management measures at the development. 2)
Demand management measures to be employed at the site to
reduce circulation impacts which would otherwise occur.
Such measures may include, but are not limited to programs
addressing: A. Education and Marketing to alert employees
and visitors to the site to demand reduction programs and
incentives; B. Parking Management such as parking charges
for single-occupant vehicles, reduced rates for car and
vanpools; c. Ridesharing programs such as a rideshare
matching program, incentives, and car and vanpool sub-
sidies; D. Transit programs such as provision of bus
schedules to employees and visitors, subsidized bus tokens
and passes to employees and visitors; E. Bicycling pro-
grams such as provision of secure bicycle storage facili-
ties, provision of showers and lockers; F. Alternative
Work Schedules for building employees to avoid peak AM and
PM traffic hours and reduce overall trips; G. Trip Length
Reduction by programs to increase proportion of employees
residing within three miles of the project site. The
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goal of the Transportation Demand Management Plan shall be
to reduce vehicle trips which would otherwise occur by
twenty percent.
66. Landscaping plans shall comply with Subchapter 5B
(Landscaping Standards) of the zoning ordinance including
use of water-conserving landscaping materials, landscape
maintenance and other standards contained in the
Subchapter.
Miscellaneous Conditions
67. The building address shall be painted on the roof of the
building and shall measure four feet by eight feet (32
square feet).
68.
The operation shall
not detrimental to
reason of lights,
actions.
at all times be conducted in a manner
surrounding properties or residents by
noise, activities, parking or other
69. No medical office use shall be permitted at the site
unless additional parking spaces are created to comply
with the Code parking requirement.
70. If any archaeological remains are uncovered during
excavation or construction, work in the affected area
shall be suspended and a recognized specialist shall be
contacted to conduct a survey of the affected area at
project's owner's expense. A determination shall then be
made by the Director of Planning to determine the sig-
nificance of the survey findings and appropriate actions
and requirements, if any, to address such findings.
71. Refuse areas, storage areas and mechanical equipment shall
screened in accordance with SMMC section 9040.13-9040.15.
Refuse areas shall be of a size adequate to meet on-site
need, including recycling. The Architectural Review Board
in its review shall pay particular attention to the
screening of such areas and equipment.
72. street and/or alley lighting shall be provided on public
rights of way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
Validity of Permits
73. In the event permittee violates or fails to comply with
any conditions of approval of this permit, no further per-
mi ts, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully
remedied.
74. within ten days of Planning Division transmittal of the
Statement of Official Action, project applicant shall
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.
sign and return a copy of the statement of Official Action
prepared by the Planning Division, agreeing to the Condi-
tions of approval and acknowledging that failure to comply
with such conditions shall constitute grounds for poten-
tial revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights appli-
cant may possess regarding said conditions. The signed
statement shall be returned to the Planning Division.
Failure to comply with this condition shall constitute
grounds for potential permit revocation.
Parking/Genral services
75. The applicant shall comply with the General Services De-
partment to provide a 2'6" wide dedication to run adjacent
to the 15 foot wide alley. This dedication shall be be
provided prior to issuance of building permits.
76. The applicant shall install directional signage at the
parking garage exits that indicates right-turn-only vehi-
cle movement may be made onto Twenty-Third Street and onto
wilshire Boulevard.
77. The applicant shall install a curved raised median strip
at the parking garage exit that forces vehicles to make a
right-turn-only onto Twenty-Third Street and onto Wilshire
Boulevard. The specifications of the curved median strip
shall be approved by the Parking and Traffic Engineer
prior to issuance of building permits.
78. To mitigate transportation impacts identified in EIR 916,
and by the City Council on May 22, 1990, the development
shall contain a two way driveway along Wilshire Boulevard
that provides ingress to both eastbound and westbound
traff ic. Vehicles exi ting the garage on wilshire
Boulevard shall be restricted to a right turn only move-
ment. A one way driveway exit that provides egress onto
Twenty-Third Street shall also be provided. There shall
be no vehicle ingress shown on Twenty-Third street and no
ingress/egress shown on Twenty Second Street.
PROJECT MITIGATION FEE CONDITION
79. In accordance with Sections 9046.1 - 9046.4 of the Santa
Monica Municipal Code, prior to issuance of a building
permit the developer shall execute an irrevocable letter
of credit or other form of security acceptable to the city
for the payment of an in-lieu fee for housing and parks
equal to $2.25/sq.ft. for the first 15,000 sq. ft. of net
rentable office floor area and $5.00/sq.ft. for the
remaining net rentable office floor area. This fee shall
be adjusted for inflation by the percentage change in the
Consumer Price Index ("CPI") between October 1984 through
the month in which the payment is made. Upon mutual
agreement of the developer and the City, the developer may
satisfy the Project Mitigation measures by providing low
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and moderate income housing or developing new park space
on or off the project site. To fulfill this obligation an
agreement shall be secured in writing by the developer and
approved by the City Attorney and City staff prior to is-
suance of a building permit.
Monitoring of Conditions
80. Pursuant to the requirements of Public Resources Code
section 21081.6, the City Planning Division will coordi-
nate a monitoring and reporting program regarding any re-
quired changes to the project made in conjunction with
project approval and any conditions of approval, including
those conditions intended to mitigate or avoid significant
effects on the environment. This program shall include,
but is not limited to, ensuring that the Planning Division
itself and other city divisions and departments such as
the Building Division, the General Services Department,
the Fire Department, the Police Department, the Community
and Economic Development Department and the Finance De-
partment are aware of project requirements which must be
satisfied prior to issuance of a Building Permit, Certifi-
cate of Occupancy, or other permit, and that other respon-
sible agencies are also informed of conditions relating to
their responsibilities. Project owner shall demonstrate
compliance with conditions of approval in a written report
submi tted to the Planning Director and Building Officer
prior to issuance of a Building Permit or Certificate of
Occupancy, and, as applicable, provide periodic reports
regarding compliance with such conditions.
VOTE
Ayes:
Nays:
Abstain:
Absent:
Abdo, Katz, Reed, Zane
Genser
Finkel, Jennings
NOTICE
If this is a final decision not subject to further appeal under
the City of Santa Monica Comprehensive Land Use and Zoning Or-
dinance, the time within which judicial review of this decision
must be sought is governed by Code of Civil Procedure Section
1094.6, which provision has been adopted by the City pursuant to
Municipal Code Section 1400. This does not supersede Public
Resources Code section 21167, which governs the time within which
judicial review of the City's acts or decisions in connection
with the California Environmental Quality Act must be sought.
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.
I hereby certify that this statement of Official Action accurate-
ly reflects the final determination of the city council of the
City of santa Monica.
L/~
sigrl!ture vi
6/13/90
date
Clar1ce E. Johnsen, City Clerk
print name and title
I hereby agree to the above condi tions of approval and
acknowledge that failure to comply with such conditions shall
constitute grounds for potential revocation of the permit
approval.
Applicant's Signature
Print Name and Title
PC/stdr4
WW:ww
05/30/90
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