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SR-6-O (2) T flJ?-~oo6 (0-0 SEP 1 j 1988 CjED:PB:SF:SL council Meeting: September 13, 1988 Santa Monica, California TO: Mayor and City council FROM: city Staff SUBJECT: certification of statement of Official Action for the Appeal of DR 427, 1260 Lincoln Boulevard, Segal Enterprises INTRODUCTION This report transmits for City council certification, a Statement of Official Action for the appeal of Development Review 427 for Segal Enterprises' Lincoln Place project to allow the construction of a 34,888 square-foot commercial structure at 1260 Lincoln Boulevard. BACKGROUND After pUblic hearing and careful review of the record and staff recommendations, the city Council denied the appeal and upheld the Planning Commission approval of DR 427 to permit the above project on August 9, 1988. RECOMMENDATION It is respectfully recommended that the city council approve the attached statement of Official Action which contains findings and conditions of approval for DR 427. Prepared By: Shari Laham, Associate Planner Paul Berlant, Director of Planning Suzanne Frick, Principal Planner ~-o SEP 1 3 1988 .-/ STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: DR 427, EIA 865 LOCATION: 1260 Lincoln Boulevard APPLICANT: Segal Enterprises REQUEST: Approval of a four-story, 34,888 square-foot com- mercial structure with a Floor Area Ratio of 2.33 with 122 parking spaces and three levels of sub- terranean parking. CITY COUNCIL ACTION 8/9/88 Date. Approved based on the following findings and subject to the conditions below. Denied. X Other. Appeal denied and Planning commission approval of project upheld based on the following findings and subject to the conditions below. DEVELOPMENT REVIEW FINDINGS 1. The development is consistent with the findings and pur- pose of Ordinance 1321 as set forth below. 2. The physical location and placement of proposed structures on the site are compatible with and relate harmoniously to surrounding sites and neighborhoods in that the proj act provides numerous landscaped terraces and stepped back areas and is of a compatible scale, design and architec- tural character with other new commercial developments in the vicinity. Pedestrian amenities are provided by means of frequent arched storefronts, planters along the street frontages, continuous sidewalks, an articulated facade and ground floor retail uses. 3. The existing and/or proposed rights-of-way and facilities for both pedestrian and automobile traffic will be ade- quate to accommodate the anticipated results of the pro- posed development including off-street parking facilities and access thereto in that public walkways and entrances are provided, parking is provided in excess of code re- quirement and the traffic study concluded that proj ect- - 1 - related traffic volumes will not result in an unacceptable level of service at any of the study intersections. 4. The existing and/or proposed public and/or private health and safety facilities (including, but not limited to, sanitation, sewers, storm drains, fire protection devices, protective services, and public utilities) will be ade- quate to accommodate the anticipated results of the pro- posed development. 5. The proposed development is consistent with the General Plan of the City of Santa Monica and the Zoning Ordinance in that the project will conform to the height, bulk, use and urban design policies for the Lincoln North District as specified in the Land Use Element of the General Plan and conform to the appropriate C4 standards contained in the Zoning Ordinance. SPECIAL CONDITIONS 1. 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. 2. The existing driveways and aprons, located on Lincoln Boulevard and Arizona Avenue shall be removed and the ex- isting curb cuts replaced with standard curb and gutter per the specifications of the Department of General Services. 3. On-site parking shall be made available without cost to building customers and employees. 4. All recommendations outlined in the Soil Engineering In- vestigation report, prepared 9/14/87, shall be implemented to the satisfaction of the Building and Safety Division. 5. Construction hours shall be limited to 7 a.m. to 8 p.m. Monday through Friday and 9 a.m. to 8 p.m. Saturday as set forth in Section 4204 (SMMC). 6. Noise specifications for construction equipment shall com- ply with the City of Santa Monica Noise Ordinance (Ord. 1406 CCS): contractors shall be required to use machinery with noise reduction equipment; auger-piling, rather than pile driving, shall be used to reduce construction noise; equipment shall be placed as to maximize the distance between noisy equipment and the property line and proper planning shall be used to select the quietest way in which to perform an operation. 7. Noise insulation standards shall be incorporated in the project design to ensure that noise levels are consistent with the City's Noise Ordinance. - 2 - 8. The project shall incorporate nonreflective exterior building materials and glazes which comply with Title 24. 9. The automatic irrigation system sure landscape watering during hours to reduce the amount evaporation. shall be designed to en- early morning or evening of water lost through 10. The project shall conform to any program the City adopts to implement the City of Los Angeles Ordinance regarding connections to the sanitary sewer system. 11. A standard hook-up fee shall be paid to the City for water service. l2. The developer shall pay a fee to the City to offset any increased costs for sewage treatment imposed on the project. 13. Medical office uses shall be prohibited. 14. Restaurant uses shall be prohibited. 15. The Architectural Review Board, in its review, shall pay particular attention to the parkway treatment adjacent to Lincoln Boulevard and to the landscaping and planting in pots on-site to ensure it is attractive. STANDARD CONDITIONS I. Plans for final design, landscaping, screening, trash en- closures, and signage shall be subject to review and ap- proval by the Architectural Review Board. 2. 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 substantial conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning. 3. The rights granted herein shall be effective only when exercised within a period of one year from the effective date of approval. Upon the written request of the appli- cant, the Director of Planning may extend this period up to an additional six months. 4. The applicant shall comply with all legal requirements regarding provisions for the disabled, including those set forth in the California Administrative Code, Title 24, Part 2. 5. Final parking lot layout and specifications shall be sub- ject to the review and approval of the Parking and Traffic Engineer. - 3 - 6. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with Sec. 9127J. 2-4 (SMMC). Refuse areas shall be of a size adequate to meet on-site need. 7. The 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. 8. Project design shall comply with the building energy reg- ulations set forth in the California Administrative Code, Title 24, Part 2, (Energy Conservation standards for New Residential Buildings), such conformance to be verified by the Building and Safety Division prior to issuance of a Building Permit. 9. Openable windows shall be provided throughout the project, in a manner consistent with applicable building code and energy conservation requirements. 10. street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 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. 11. 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. 12. Any outdoor lighting shall be shielded and/or directed away from adjacent residential properties, with any such lighting not to exceed 0.5 foot candles of illumination beyond the perimeter of the subject property. 13. This determination shall not become effective for a period of twenty days from the date of determination or, if ap- pealed, until a final determination is made on the appeal. 14. Ultra-low flow plumbing fixtures are required on all new development. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) PROJECT MITIGATION FEE CONDITION 1. In accordance with Ordinance 1367 (CCS), prior to issuance of a building permit the applicant shall execute an ir- revocable letter of credit or other form of security ac- ceptable 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 $5.001 sq. ft. for the remaining net rentable office floor area based upon a total net rentable floor area for the entire - 4 - . . project of 34,888 sq.ft. This fee will be $133,190.00. This fee shall be adjusted for inflation by the percentage change in the Consumer Price Index (IICPIII) between October 1984 through the month in which the payment is made. Upon mutual agreement of the applicant and the city, the appli- cant may satisfy these project mitigation measures by pro- viding low 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 applicant and approved by the city Attorney and city staff prior to issuance of a building permit. Applicant and the City acknowledge that theground floor of the development contains 8,328 sq. ft. of net rentable floor area. It is presently contemplated by the applicant that only the second through fourth floors containing 26,560 sq. ft. of net rentable floor area will be occupied for office use. Therefore, upon issuance of the initial city building permit for tenant improvements for the ground floor space, the obligation of applicant under Or- dinance 1367(CCS) shall be reduced by $5.00/sq.ft., as adjusted for inflation by the percentage change in te CPI between October 1984 through the month in which the reduc- tion is made, for that portion of the net rentable floor area to be occupied for retail use. If at the time of issuance of such building permit for tenant improvements, applicant has paid the entire in-lieu fee set forth above, the city shall within thirty (30) days of the issuance of the permit refund to applicant the overpayment. If appli- cant has executed an irrevocable letter of credit or other form of security acceptable to the City, applicant may submit a substitute form of security for the reduced amount and the balance of the unpaid fee (as well as any installments remaining due) shall also be reduced accordingly. VOTE Ayes: Conn, Finkel, Jennings, A. Katz and Zane Nays: Abstain: Absent: H. Katz and Reed I hereby oertify that this statement of aoourately refleots the final determination commission of the City of Santa Monica. Offioial Action of the Planning signature date print name and title - 5 -