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SR-011398-6P loP JAN 1 3 1998 PCD SF KG AS PF f \plan\share\council\stoas\prtpkgsr Council Mtg January 13, 1998 Santa MOnica, California TO Mayor and City Council FROM City Staff SUBJECT Certification of Statement of OffiCial Action for Appeal of the Planning CommisSIon Approval of Conditional Use Permit 97-008 at 1828 Ocean Avenue INTRODU eTI ON On December 9, 1997 the City Council approved on consent a Statement of OffiCial Action for Appeal 97-013 of the Planning CommiSSion's approval of Conditional Use Permit 97- 008, to extend for eighteen (18) months the rights granted by CUP 94-012. to allow the development of a 127 car parkJng lot at 1828 Ocean Avenue In the RVC ReSidentIal VIsitor Commercial zoning district Through a clerical error, the wrong Statement of OffiCial Action was attached to the staff report for thiS Item ThiS report transmits for City Council certification the correct Statement of OffiCial Action which contains the fIndings and conditions of approval BUDGET/FINANCIAL IMPACT The recommendation presented In thiS report does not have any budget or finanCial Impact RECOMMENDATION It IS respectfully recommended that the City Council approve the attached Statement of 1 (pf' JAN 1 3 !9B Official Action Prepared by Suzanne Frick, Director of Planning and Community Development Karen Gmsberg, Planning Manager Amanda Schachter, Senior Planner Paul Foley, Associate Planner City Planning DIVIsion Planning and Community Development Department Attachments A Statement of OffiCial Action 2 ATTACHMENT A ~.. - DC 3 ~." 0C4 CITY OF SANTA ~IONICA CITY COUNCIL STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER CUP 97-008 LOCATION 1828 Ocean Avenue APPLICANT DMP lnc . dba The PntIkm LongevIty Center CASE PLANl\TER Paul Foley, AssocIate Planner REQUEST ApplIcatIon for COndItIOnal Use PermIt to allow a 127-space surface parkmg lot to be developed In the R VC Dlstnct CEQA STATUS The project IS categoncally exempt from the proViSions of CEQA pursuant to Class 1 of the State GUldehnes III that It IS a minor alteration of use from a restaurant faculty With parkmg (wruch was the last permitted use at the SIte) to a parking lot use CITY COUNCIL 10/15/97 Date x Approved based on the folIowmg findmgs and subject to the condItIons below Dented 1 .l.- -003 Other EFFECTIVE DA TElS) OF ACTION: 10115/97 Condltlonal Use Permit 97-008, Ifnghts not exercIsed EXPIRA nON DA TElS) OF ANY PERl\UTS GRANTED: 4/15/99 ConditIOnal Use Permit 97-008, Ifnghts not exercIsed LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE BY ZONING ADMINISTRA TOR: Any request for an extension of the eXpiratIOn date must be receIved m the City Planrung DIVISIon prior to expIration of thIS permit Further extenslOn may be granted by Planning ComrrnsslOn If request for extensIOn IS requested at least one month pnor to eXpIratIOn 6 months COndItlOnal Use Permit 97-008, Ifnghts not exercIsed CONDITIONAL USE PERMIT FThUINGS 1 The proposed use IS one condItIonally permItted wlthm the subJect dlstnct and complIes WIth all of the apphcable provls1ons of the "CIty of Santa Momca ComprehenslVe Land Use and Zonmg Ordmance", m that a parkmg lot IS a condItIonally permItted use wIthm the RVC Dlstnct and the proposed parkmg lot conforms With all apphcable Zonmg Ordmance standards 2 The proposed use would not ImpaIr the Integmy and character of the dIstnct III whIch It IS to be estabhshed or located, 10 that the R VC Dlstnct allows a range of commerclal and residential uses, mcludmg surface parkmg lots, and the area has been Identified by the CalIfornia Coastal CommIssion as needmg addltlOnal off-street parkIng spaces 3 The subject parcells phYSIcally SUItable for the type ofland use bemg proposed, m that It IS a graded parcel WIth adequate vehIcular access 4 The proposed use is compatIble WIth any of the land uses presently on the subject parce11fthe present land uses are to remain. In that the present use of the site as a parkIng lot was commenced wl.thout the necessary permits after demohtIon of the structures on the SIte, and no other uses are proposed to remaIn at the SIte 5 The proposed use would be compatIble WIth eXIstmg and permIssible land uses wlthm the dlstnct and the general area In which the proposed use IS to be located. In that a surface parkmg lot IS a condItIOnally penrutted use In the R VC Dlstnct, and the proposed parkmg lot would be located m an area of mIxed commercial, multtfamlly. and smgle family uses. and 2 ~< *" - 0 0 6 would contam a generous amount oflandscapmg in excess of code reqUIrements wruch WIll proVIde an amenity to the neIghborhood ln addItIOn, It IS consIstent wIth General Plan Land Use and Circulation Element ObJective 1 5 and Local Coastal Program PolICies 6 and 48 6 There are adequate proVISions for water, sarutatlon, and pubhc utIlItIes and services to ensure that the proposed use would not be detnmental to publIc health and safety, In that the subject parcel is an mfill proJect In a developed urban area 7 Pubhc access to the proposed use WIll be adequate, m that vehicular ingress and egress WIll be provIded off of PI co Boulevard, as approved by the City Parkmg and Traffic Engmeer 8 The physIcal locatIOn or placement of the use on the site IS compatible wIth and relates harmoniously to the surrounding neighborhood, m that a substanual landscape buffer IS proposed around the enUre site, Wlth a large number of trees which, when fully mature, will provide a sIgruficant arnetllty to the neIghborhood ln addItIon, the proposal Will address the need for off-street parkmg m the neIghborhood 9 The proposed use IS conSistent With the goals, obJectives, and pohcles of the General Plan, in that it IS consistent Wlth Land Use and CirculatIon Element (LUCE) Pohcy 3 5 4 to landscape all surface parkmg lots on the beach, and LUCE Objective 1 5 of the General Plan wruch states that the City should encourage the expansIOn of "vIsitor accommodatIons and related uses In the Oceanfront area, whIle protecting the reSIdentIal ffilX," and Polley I 5 1 states that the City should "devote Oceanfront DIstnct pnmanly to VISitor accommodatIOns and commerCial recreatton," whIch IS accomplIshed by allOWIng the construction of a landscaped parkmg lot which would be utIlIzed by an eXIstmg VISItor-servIng facIlity m the Oceanfront Dlstnct Furthermore, the proposal IS conSIstent WIth the SIX goals Identified m the Local Coastal Plan, mcludmg Goa14 to "assure pnonty for coastal-dependent and coastal- related development over other development on the coast." and Goal 6 to "encourage publIc and recreatIOnal use and enJoyment of the coast while ensunng that the very resources that make the coast so valuable for human enJoyment are not spoiled" It IS also consistent With General Access Pohcy 6, encouragmg the proVISIon of parkmg, and Scemc and Visual Resource Pohcy 48, whIch states that "m all new development, pubhc and pnvate parkmg lots shall be landscaped " 10 The proposed use would not be detnmental to the publIc Interest, health, safety, convemence, or general welfare, m that it IS a condItIOnally pemlltted use withIn the R VC Dlstnct and IS condItioned to reqUIre that a secunty plan be approved by the S1\.1PD pnor to commencement of the use 11 The proposed use conforms precisely to the applIcable performance standards contaIned m Subchapter 9 04 12 and speCIal condltIons outlmed m Subchapter 9 04 14 of the Cay of Santa Moruca ComprehenSive Land Use and ZonIng Ordinance, In that no Performance Standards Perrrut IS requIred and no speCial condItIOns are Identified for condltlOnally permItted parkmg lots OC? 12 The proposed use Wlll not result In an overconcentratIon of such uses In the lnunedlate Vlciruty, in that no surface parkmg lots would be Immediately adJacent to the subject site and there IS not a predommance of pnvately-owned surface parking lots m the general VIClruty CONDITIONS Plans 1 Tills approva11s forthose plans dated ApnllO, 1995, a copy of whIch shall be maintamed m the files of the City Planning DIVISlOn ProJect development shall be conSIstent WIth such plans, except as otherwise specIfied m these condItions of approval 2 The Plans shall comply With all other provISions of Chapter 1, Article IX of the MUnIcipal Code, (Zorung Ordmance) and all other pertinent ordmances and General Plan pohcles of the City of Santa MOllica 3 Fmal parkmg lot layout and specIficatIOns shall be subject to the reVIew and approval of the Parkmg and Traffic EngIneer 4 Mmor amendments to the plans shall be subject to approval by the Dlfector of Plannmg A slgruficant change m the approved concept shall be subJect to PlannIng ConUntSSlOn ReVIew ConstructIOn shall be m conformance WIth the plans sublUltted or as modIfied by the PlannIng CommISSIon, ArchItectural ReView Board or Director ofPlanmng ArchItectural ReView Board 5 Pnor to conSideratIon of the project by the Architectural Revlew Board, the applIcant shall reVIew dIsabled access reqUirements with the BUIldmg and Safety DIVISIon and make any necessary changes III the proJect deSIgn to achIeve complIance wnh such reqUIrements The ArchItectural ReView Board, III Its reView, shall pay particular attentIOn to the aesthetIc, landscapmg, and setback Impacts of any ramps or other features necessItated by accesslbIhty reqUirements 6 Pnor to submlttal oflandscape plans for ArchItectural ReView Board approval. the apphcant shall contact the Department of EnVironmental and Pub he Works Management regardmg urban runoff plans and calculatIons 7 ConstructlOn penod SIgnage shall be subject to the approval of the ArchItectural ReVIew Board 8 Plans for final deSIgn, landscapmg, screemng, trash enclosures, and slgnage shall be subject to reVIew and approval by the Architectural ReVIew Board A '" "". - 0 C 8 9 The Architectural ReView Board, III Its reVIew. shall pay particular attentIon to the proJect's pedestrian orientatIOn and amenItIes, extenor colors, textures and matenals 10 Landscapmg plans shall comply With Subchapter 5B (Landscapmg Standards) of the zomng ordmance mc1udmg use ofwater-conservmg landscapmg matenals, landscape mamtenance and other standards contamed m the Subchapter 11 Refuse areas, storage areas and mechamcal eqUipment shall screened m accordance WIth SMMC Section 9 04 10 02 130-9 04 10 02 150 Refuse areas shall be of a size adequate to meet on-SIte need, mcludmg recyclmg The ArchItectural ReView Board m Its review shall pay partIcular attention to the screemng of such areas and eqUIpment Construction 12 Unless otherwise approved by the Department of EnVIronmental and PublIc Works Management, all SIdewalks shall be kept clear and passable dunng the gradmg and con- struction phase of the project 13 SIdewalks, curbs, gutters, paVIng and dnveways WhICh need replacmg or removal as a result of the project as determmed by the Department of EnVIronmental and PublIc Works Management shall be reconstructed to the satiSfactIOn of the Department of EnvIronmental and Pubhc Works Management Approval for thIS work shall be obtamed from the Department ofEnvlronmentaJ and Pubhc Works Management pnor to Issuance ofthe buddmg permIts 14 Vehicles haulmg dirt Of othef constructIon debns from the sIte shall cover any open load WIth a tarpaulin or other secure covenng to mllumlze dust emISSions 15 Street trees shall be marntamed, relocated or proVIded as reqUIred m a manner conmtent With the CIty'S Tree Code (Ord 1242 CCS), per the speclficatlOns ofthe Commumty and Cultural SefV1ces DIVIsion and the Department ofEnvlronmental and Pubhc Works Management No street tree shall be removed without the approval of the Commumty and Cultural ServIces DIVISIon 16 A constructIOn penod mItigatiOn plan shall be prepared by the apphcant for approval by the Department of Environmental and Pubhc Works Management pnor to Issuance of a bUlldmg penrut The approved mltlgatlon plan shall be posted on the constructIon SIte for the duratIOn of the project construcl1on and shall be produced upon request As apphcable, thIS plan shall a) SpeCIfy the names, addresses, telephone numbers and busmess hcense numbers of all contractors and subcontractors as well as the developer and architect, b) DeSCrIbe how demolItIon of any eXlstmg structures IS to be accomplIshed. c) lndIcate where any cranes are to be located for erection/construction, d) Descnbe how much of the pubhc street, alleyway, or SIdewalk IS proposed to be used In conjUnctIon WIth constructIon, e) Set forth the extent and nature of any plle-dnvmg operatIOns, t) DeSCrIbe the length and number of any tIebacks 5 -009 which must extend under the property of other persons, g) Specdy the nature and extent of any dewatenng and Its effect on any adJacent bUIldmgs, h) Descnbe anticIpated constructlon- related truck routes, number oftrucktnps, hours ofhaulmg and parkIng locatIOn, I) Specify the nature and extent of any helIcopter hauhng, J) State whether any constructIOn actIvity beyond normally permItted hours IS proposed, k) Descnbe any proposed constructIon nOise nutlgatlon measures, I) Descnbe constructlon-penod secunty measures mcludmg any fencmg, IIghtmg, and sccunty personnel, m)Provldc a draInage plan, n) PrOVIde a constructIon-penod parking plan which shall mmImIze use of pubhc streets for parkmg, 0) List a deSignated on- site constructlOn manager 17 A sign shall be posted on the property In a manner consistent with the pubhc heanng sign requrrements which shall IdentifY the address and phone number of the owner andlor apphcant for the purposes of respondmg to questIons and complamts dunng the constructIOn penod Said sign shall also mdlcate the hours of penmssIble construction work 18 A copy of these condItions shall be posted m an easIly vlSlble and accessible 10catlOn at all tImes during constructIon at the project sIte The pages shall be lannnated or otherwIse protected to ensure durablhty of the copy MIscellaneous CondItIons 19 The operatIOn shall at all tImes be conducted m a manner not detnmental to surroundmg properties or reSIdents by reason of lIghts, nOIse, aCtIVItIes, parkmg or other actIons 20 lfany archaeologlca] remams are uncovered dunng excavation or constructIon, work In the affected area shall be suspended and a recogmzed speCialist shall be contacted to conduct a survey of the affected area at proJect's owner's expense A determmatlon shall then be made by the DIrector of Planmng to determIne the slgmficance of the survey findmgs and appropnate actlOns and reqUlrements_ If any. to address such findmgs 2] Street and/or alley hghtmg shall be proVided on publIc nghts-of-way adJacent to the project if and as needed per the speCIficatIOns and wIth the approval of the Department of EnVIronmental and PublIc Works Management Vahdlty ofPermlts 22 ln the event permIttee Violates or falls to comply With any condItIons of approval of thIS permIt, no further pernuts, lIcenses, approvals or certificates of occupancy shall be lssued unn1 such violatIon has been fully remedIed 23 Withm ten days ofPlanmng DIVISIOn transmittal of the Statement ofOfficml Action, proJect applicant shall sign and return a copy of the Statement of Official ActIOn prepared by the Planmng DI\<lslon, agreemg to the ConditIOns of approval and acknowledgIng that faIlure to comply WIth such conditIOns shall constItute grounds for potential revocatIOn of the permIt E 010 approval By slgnmg same, applIcant shall not thereby Waive any legal nghts apphcant may possess regardmg saJd condltlons The signed Statement shall be returned to the PlannIng DI- vision FaIlure to comply wIth thIS conditIon shall constItute grounds for potential penrnt revocatIOn 24 ThIs determmatlon shall not become eftectIve for a penod of fourteen days from the date of deterrninatton or, If appealed, untIl a final determmation 1S made on the appeal Any appeal must be made m the form reqUIred by the Zoning AdmInIstrator The approval of this permit shall expire If the nghts granted are not exerCised Wlthm eighteen (18) months from the permit's effectIve date ExerCIse of these nghts shall mean Issuance ofa bUlldmg permit to begin constructlo", however, the permIt shall also expire if the buddmg permIt expIres, if final mspection is not completed or a certificate of occupancy IS not Issued wlthm eighteen (18) months ofbUlldmg permIt Issuance, or If the rights granted are not exercIsed wIthm SIX (6) months followmg the earliest to occur ofthe following Issuance of a certificate of occupancy or, If no certIficate of occupancy IS reqUIred, the last reqUIred final Inspectlon for the new constructIOn One sIx-month extenslOn of the eighteen (18) month penod may be peftnltted if approved by the DIrector of Planmng The applicant may apply to the Planmng Comnussion for any further extenSIOn If such request IS filed at least one month pnor to the penrut's eXpiratIOn, pursuant to S!\fr\:1C SectIon 9 04 20 12 060 as amended by Ordmance 1798 (CCS) ApplIcant IS on notice that tIme extensions may not be granted If development standards relevant to the project have become more restnctlve Since proJect approval SpeCial Conditions 25 Pnor to commencement of use of the proposed parkmg lot, the applIcant shall obtalll approval from the Santa Moruca PolIce Department of a Secunty Plan for the operatIon of the proposed Parkmg Lot 26 Pnor to SUbmtSSlon to ArchItectural ReVIew Board, the applIcant shall submIt detaIled fence plans which demonstrate that fence heIghts are conSIstent with Adjustment 95-002 approved 10/25/95 and, per the apphcant's request, extended by the Zoning Admmlstrator pursuant to SrvfMC SectIOn 9 04 20 34 080(b) untIl November 8, 1997 27 In ItS reVIew, the ArchItectural ReView Board shall carefully examtne the treatment of the proJect SIte's southeast corner (at the mtersectIon of PI co Boulevard and Ocean Avenue) as a gateway, and shall review the landscapmg along PICO Boulevard to ensure that It IS compatlble Wlth the landscapmg on the publIc nght of way on PICO Boulevard m the Vlclmty of the project slte and shall attempt, to the ex1.ent posslb\e. reqUire the maximum amount of landscapmg pOSSIble along Ocean Avenue WIthout the loss of on-site parkmg spaces 28 Apphcant shall contmue to comply with the apphcable transportatIOn demand management reqUirements of the City of Santa MOnica. as set forth m Santa MOllIca MUnICIpal Code Chapter 9 16, and the South Coast Atr Quahty Management Dlstnct by mamtammg a transportation demand management plan to reduce car tnps to an from the applIcant's 7 -011 busmess at 1910 Ocean Front Walk ApplIcant acknowledges that Its plan currently mcludes the following measures, whIch applIcant agrees to contmue unless otherwIse authonzed by the City of Santa MOnIca's TransportatIOn Management CoordInator (a) applicant shall charge Its employees for parkmg, (b) apphcant shall provIde an unlImIted number of parkmg spaces at no charge to Its parkmg lot for employees who carpool or partIcIpate In a vanpool, (c) applicant shall mamtam a secure area to store bicycles WIth a capacity of at least 25 bIcycles, (d) Apphcant shall proVIde showers for as employees who commute to and from work on bIcycles, and (e) applicant shall mamtam an Incentive or reward system to encourage its employees to partiCIpate In a ndeshanng program 29 Applicant shall submIt a plan, subject to the review and approval of the TransportatIOn Management Coordmator, to fully subSIdIZe employees for bus ndersrup and to rebate parkmg fees to employees who do not utIlIze the parkmg faclhty 30 ln the event that the subJect property IS purchased by the Edward Thomas Management Company, the appllcant shall proVide a constructIOn schedule, subject to the approval of the DIrector of Planning, whIch calls for the proposed proJect to commence constructIon and installlandscapmg at an early stage of the remodellIng of the hotel property located at 1910 Ocean Avenue VOTE Ayes Nays Abstam Absent Ebner, Femstem, Genser, Greenberg, Holbrook, O'Connor, Rosenstem NOTICE Iftl11s IS a final deCISIon not subject to further appeal under the CIty of Santa \.lomca ComprehensIve Land Use and ZOnIng Ordmance, the tIme wlthm WhICh JudICIal reVIew of tlus declSIon must be sought IS governed by Code of ClVIl Procedure SectIOn 1094 6, which proVISion has been adopted by the CIty pursuant to MUnICIpal Code Section 1400 8 11 t 2 I hereby certify that this Statement of Official Action accurately reflects the final determination of the City Council of the City of Santa MODIca. ~~~.,~ ,~.~~J.- r \ signature \\/l:..~-,-....... 1 l ~ I l ~ ,\( d~ Mana Stewart. CItv Clerk I hereby agree to the above conditions 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 f \plan\share\pc\stoas\cup97008 a / .013