Loading...
SR-6-H (24) (0--'-' PCD SF KG AS BL f \plan\share\councll\stoas\eqpc9700 wpd .,., ~'1ICd Council Mtg February 24, 1998 Santa MOnica, CalIfornia ! 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 1 (,..ff ~,.., 141 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 2 - ATTACHMENT A ~p;l - O~. -- --- - - --- ----- - - -- -- ittfl' - c: . . 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 1 lIt"l> - o. ~ 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 2 flIw - o :~ ---- --- - . 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% 3 ... - 07 . 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 4 lli'lol . ('r-. ;0 . 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 5 ..~ ~ 0S - . 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 6 ..."" - l G ----- . 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 7 ~fi f 1 < ~ 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. -- ~ ~ ~._" o-:k- 3-(,p-Q8" 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 8 ll)~ . 1 2 ---~ - -----