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Council Mtg February 24, 1998 Santa MOnica, CalIfornia
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TO Mayor and City Council
FROM City Staff
SUBJECT Certification of Statement of Official Action for the Appeal of the Planning
Commission Approval of Earthquake Recovery Act Permit 97-001 at 1725
The Promenade
INTRODUCTION
This report transmits for City Council certification the Statement of Official Action for Appeal
97-021 and 97-022 of the Planning Commission's approval of an Earthquake Recovery
Permit for the In-kind reconstruction of an eight story, 178 Unit apartment bUilding located
at 1725 The Promenade (the Sea Castle)
On January 27, 1998, the Council denied the appeal and upheld the Planmng Commission
approval based on the findings and conditions contained In the attached Statement of OffiCial
Action
BUDGET/FINANCIAL IMPACT
The recommendation presented In thiS report has no budget or financial Impact
RECOMMENDATION
It IS respectfully recommended that the City Council approve the attached Statement of
OffiCial Action
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Prepared by Suzanne ""ck, Director of Ptannmg and Community Development
Karen Ginsberg, Planning Manager
Amanda SChachter, SenIor Planner
Bruce leach, Associate Planner
City Planning D,VISion
Planning and Community Deve/opmenl Department
AltBchments A Statement of OffIcial Action
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CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER EQPC 97-001
LOCATION 1725 The Promenade
APPLICANT Wade Killefer, as Project Architect
APPELLANTS Jerry Bass, Stephame Barbanell and Ellen Brennan
CASE PLANNER Bruce Leach
REQUEST Appeal 97-021 and 97-022 of the Planmng Commission's
Approval of Earthquake Recovery Permit EQPC 97 - 001
for the In-Kind Reconstruction of an EIght Story, 178 Unit
Apartment BUilding (the Sea Castle) at 1725 The
Promenade
CEQA STATUS The project IS categorically exempt from the provIsions of
CEQA pursuant to Section 15302, Class 2, of the State
GUIdelines In that the project Involves the in-kind
reconstruction of an earthquake damaged apartment
bUilding where the replacement building WIll be located In
the same location on the same site as the structure
replaced, has the same or greater setbacks, same number
of stones, and same purpose and capacity as the pre-
earthquake structure
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CITY COUNCIL ACTION
.I::mll::lry ?7. 1 998 Date
Approved based on the following findings and subject to the
conditions below
xx Denied Appeals 97-021 and 97-022 Earthquake Recovery Permit
97-001 IS approved based on the following findings and subject to the
following conditions
Other
EXPIRATION DATE OF ANY PERMITS GRANTED:
Annl1q 1qqR
lrENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE:
Not applicable to Earthquake Permits
EARTHQUAKE RECOVERY ACT FINDINGS:
1 The structure's architectural design IS compatible With the general area In which It
IS located, In that the replacement project replicates the pre-earthquake bUilding's
setbacks, mass and shape With an updated art decD facade that IS deSigned to be
compatlble With other apartment and hotel development In the area
2 The plan for the proposed bUilding IS expressive of good taste, good deSign, and
In general contributes to the Image of Santa MOnica as a place of beauty, creativity
and Individuality In that the architect developed a facade deSIgn that has Its roots
In the early art deco period when the Sea Castle was bUilt Recessed Windows,
cornice detailing, vanatlons In wall plane, expansion JOint detailing and use of color
proVide relief to the stucco walls and enhances the bUilding's appearance The
south building wall setback has been Increased to allow the installation of Windows
and facade detailing, where the onglnal bUilding's south elevation was a blank wall
Additional setback articulation and deSign Will be proVided at the ground floor to
enhance the bUilding's pedestrian Orientation
3 The proposed bUilding IS not of inferior quality such as to cause the nature of the
local neighborhood or environment to materially depreCiate In appearance and
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value, In that the 178 unit apartment bUilding reconstruction is no larger than the
pre-earthquake structure, provides more parking than the pre-earthquake structure
and utilizes detailing such as recessed windows, corntces, and a palette of colors
that contnbute to the quality of bUilding design In the neighborhood
CONDITIONS:
Plans
1. This approval is for those plans dated October 15, 1997, a copy of which shall be
maintained In the files of the City Planntng DIVIsion Project development shall be
consistent with such plans, except as otherwise speCified In these conditions of
approval
2 The Plans shall comply with all other provISions of the Earthquake Recovery Act
and all other pertinent ordInances of the City of Santa MonIca as stIpulated In the
Earthquake Recovery Act
3. Minor amendments to the plans shall be subject to approval by the Director of
Planntng A Significant change In the approved concept shall be subject to
Planntng Commission ReView Construction shall be In conformance With the
approved plans, or as modified and speCifically approved by the Planmng
Commission, Architectural ReView Board or Director of Planning
4 Pursuant to Section 14 of the Earthquake Recovery Act (Ordinance 1875) tenants
displaced from a reSidential hOUSing unit In an earthquake damaged structure shall
be entitled to reoccupy the Unit The Developer shall utilize the City's
Administrative GUidelines for selecting quahfied tenants displaced by the Nothndge
Earthquake to occupy the deed restncted affordable Units HOUSIng units which are
not filled by returning tenants, or other quahfled tenants displaced by the Nothndge
Earthquake, must be used to meet any Affordable HOUSing Obligation requIred by
Section 5 of the Act If the Obligation IS not currently being met
5 The developer shall covenant and agree With the City of Santa MOnica to the
speCific terms, conditions and restrictions upon the possession, use and enjoyment
of the subject property, which terms, conditions and restnctlons shall be recorded
With the Los Angeles County Recorder's Office as a part of the deed of the property
to ensure that affordable Units are prOVided and maintained over time and through
subsequent sales of the property An Incluslonary requirement of twenty-five
percent (45 Units) shall apply to the project of which 22 units shall be affordable to
households not exceeding sixty percent of the (HUD) Los Angeles County median
Income and 23 Unit shall be affordable to households With Incomes not exceedlng
100% of the (HUD) Los Angeles County median Income, expendIng not over 30%
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of monthly Income on household costs, as specified by the Housing DIVISion of the
Department of Resource Management
This agreement shall be executed and recorded prior to approval of the BUilding
Permit. Such agreement shall specify (1) responsibilities of the developer for
making the Units available to eligible tenants and (2) responsibilities of the City of
Santa Monica to prepare application forms for potential tenants, establish crltena
for qualifications, and mOnitor compliance with provIsions of the agreement
Owner shall provide the City Planning DIvISion With a conformed copy of the
recorded agreement prior to approval of the BUilding Permit
6. A copy of these Conditions of Approval shall be blueprinted verbatIm on the plans
submitted for final plan check approval to all agencies Involved In Issuing
construction permits for the project
7 Final parking lot layout and speCifications shall be subject to conformance review
and approval of the Parking and TraffiC Engineer
8 To Improve the bUilding's ground level pedestnan orientation, the bUilding's base
shall prOVIde a slight (1 to 2 Inch) stepback deSign at a pedestrian oriented height
of between 3-112 and 4-1/2 feet With some additional vertIcal articulation, pnmanly
at the corners The pedestrian oriented deSign should extend to all Sides, If
appropnate ReVised plans With speCific deSign, matenals, and colors shall be
submitted for review and approval by the Director of Planning and Community
Development pnor to the Issuance of bUilding permits
9 An appropriate commemoration of the history of the bUilding shall be prOVided, such
as a brass or marble plaque Installed at the pedestnan level, on either Side of the
front entrance The speCific location, deSign, matenals, colors and text shall be
submitted for review and approval by the Director of Planning and Community
Development pnor to the Issuance of building permits
10 Staff IS encouraged to continue working With the applicant to develop an
amendment to the Beach Improvement Group (BIG) project which meets the public
access requirements and also works to soften the bUildIng for the public's benefit
Construction
11 DUring construction a secunty fence, the height of which shall be the maximum
permitted by the Zoning Ordinance, shall be maintained around the pen meter of the
lot The lot shall be kept clear of all trash, weeds, cast off materials, debns, etc
12 Unless otherwise approved by the Department of EnVironmental and PubliC Works
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Management, all sidewalks shall be kept clear and passable dUring the grading and
construction phase of the project
13. Sidewalks, curbs, gutters, paving and dnveways which need replacing or removal
as a result of the project as determined by the Department of Environmental and
Public Works Management shall be reconstructed to the satisfaction of the De-
partment of Environmental and Public Works Management Which may Include
1) replacement of curb gutter and sidewalk adjacent to the property along Manne
Terrace and Appian Way, 2) DemolitIon of the eXisting sea wall and connected
tunnel under The Promenade Install compacted backfill and asphalt paving (6"AC
over 6" C M B ) within The Promenade Rlght-of way, and 3} Excavate and remove
the eXisting underground tank and piping below Appian Way Obtain required
underground tank removal permIts, remove and properly dispose of any
contaminants Approval for this work shall be obtained from the Department of
EnVironmental and Public Works Management within ninety (90) days from the
effective date of approval and pnor to commencement of construction
14 Vehicles hauling dirt or other construction debris from the site shall cover any open
load with a tarpaulin or other secure covenng to minimiZe dust emiSSions.
15 A construction period mitigation plan shall be prepared by the applicant for approval
by the Department of EnVironmental and Public Works Management within nrnety
(90) days from the effective date of approval and pnor to commencement of
construction. The approved mitigation plan shall be posted on the site for the
duration of the project construction and shall be produced upon request As
applicable, this plan shall 1) SpeCify the names, addresses, telephone numbers
and bUSiness license numbers of all contractors and subcontractors as well as the
developer and architect, 2) Descnbe how demolition of any eXIsting structures IS
to be accomplished, 3) Indicate where any cranes are to be located for
erectlonJconstructlon, 4) DeSCribe how much of the public street, alleyway, or
Sidewalk IS proposed to be used In conjunction with construction, 5) Set forth the
extent and nature of any plle-drlvlng 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 dewatering and Its effect on any adjacent bUildings, 8)
Describe anticipated constructIon-related truck routes, number of truck tnps, hours
of hauling and parking location, 9) SpeCify the nature and extent of any helicopter
hauling; 10) State whether any construction activIty beyond normally permitted
hours IS proposed, 11} Descnbe any proposed construction nOise mitigation
measures, 12) DeSCribe constructlon-penod secunty 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
16 The property owner shall Insure any graffltt on the sIte IS promptly removed through
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compliance with the City's graffiti removal program
17 A sign shall be posted on the property In a manner consIstent with the public
heanng 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 dunng the construction penod Said sign shall also Indlcate the hours
of permissible construction work.
18. A copy of these conditions shall be posted In an easily vIsible and acceSSible
location at all tImes dunng construction at the project site The pages shall be
laminated or otherwise protected to ensure durability of the copy
EnVironmental Mitigation
19 Ultra-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 unnals and low flow shower head)
Miscellaneous Conditions
20 The bUilding address shall be painted, In a contrasting color, on the roof of the
building and shall measure four feet by eight feet (32 square feet)
21 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
significance of the survey findings and appropnate actions and requIrements, If any,
to address such findings
22 Street and/or alley lighting 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
23 Final approval of any mechanical equipment installation WIll require a nOise test In
compliance WIth SMMC Section 4 12 040 EqUipment for the test shall be provided
by the owner or contractor and the test shall be conducted by the owner or
contractor A copy of the nOise test results on mechanical equipment shall be
submitted to the Community NOise OffIcer for review to ensure that nOIse levels do
not exceed maXImum allowable levels for the applicable nOise zone
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24 WIthin ninety (90) days from the effective date of approval and pnor to
commencement of construction plans shall be provided with all permanent
mechanical equipment to be placed indoors which may be heard outdoors
25 Unless otherwise approved by the Community and Cultural Services Department
and the Planning and Commumty Development Department, durrng project
construction, any street trees shall be protected from damage, death, or removal
per the reqUirements of Ordinance 1242 (CCS)
Validity of Permits
26 In the event perrmttee Violates or falls to comply With any conditions of approval of
this permit, no further permits, licenses, or approvals shall be Issued until such
Violation has been fully remedied
27 Within ten days of City Planning DIvIsion transmittal of the Statement of Official
Action, project applicant shall sign and return a copy of the Statement of OffiCial
Action prepared by the Planning DIVISion, agreeing to the Conditions of approval
and acknowledging that failure to comply With such conditions shall constitute
grounds for potential revocation of the permit approval By signing same, applicant
shall not thereby waive any legal fights applicant 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
28 This detennlnatlon shall not become effective for a penod of fIve days from the date
of determination, or, If appealed, until a final determination IS made on the appeal
Any appeal must be made In the form reqUired by the Zomng Administrator The
term of approval of thiS permit shall expire Apnl19, 1998, unless construction has
commenced After expiration of thiS Earthquake Recovery Permit, no extensions
shall be granted and any subsequent application shall be considered for new
construction pursuant to apphcable codes in affect at the time a new application IS
submitted
29 Pnor to submittal of a rental application, prospective tenants shall be given notice
that on-site parking IS limited and such parkmg may not be available to them The
notice shall provide the crlterra used to Issue on-site parkmg permits and Identify
associated fees Prospective tenants shall also be adVised that on-street public
parking west of Ocean Avenue IS In high demand and may not be available dunng
peak parking hours Prior to signing a rental agreement, tenants shall be reqUired
to sign a document Indicating that they have been appnsed of the parking
conditions and understand and accept them These requirements shall be
adminIstered by the management staff of the bUilding
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VOTE
Ayes' Ebner, Femstem, Greenberg, Genser, Holbrook, O'Connor, Rosenstem
Nays None
Abstam None
Absent. None
NOTICE
If this IS a final decision not subject to further appeal under the City of Santa MOnica
Comprehensive Land Use and Zoning Ordinance, the time within which Judicial review of
thiS decIsion must be sought is governed by Code of Civil Procedure Section 10946,
which prOVIsion has been adopted by the City pursuant to MUnicipal Code Section
1 16010.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
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Mana Stewart \. Date
City 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\COUNCIL\STOAS\EQPC9701 WPD
rev 9/97
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